[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4542 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4542

    To direct the Secretary of Energy to provide grants for energy 
   improvements to certain public buildings, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2021

Ms. Velazquez (for herself, Ms. Jackson Lee, Mr. Jones, Ms. Norton, Mr. 
     Bowman, Mr. Espaillat, Ms. Moore of Wisconsin, and Mr. Sires) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To direct the Secretary of Energy to provide grants for energy 
   improvements to certain public buildings, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Efficient Public Buildings 
Act of 2021''.

SEC. 2. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE ENERGY 
              IMPROVEMENTS FOR PUBLIC BUILDINGS.

    (a) Definitions.--In this section:
            (1) Eligible building.--The term ``eligible building'' 
        means a--
                    (A) public library;
                    (B) public hospital;
                    (C) community center; or
                    (D) State or local government building.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) a local government;
                    (C) a nonprofit organization that owns or operates 
                an eligible building;
                    (D) a nongovernmental organization, including a 
                nonprofit organization, with expertise related to 
                energy improvements; or
                    (E) a consortium of entities described in 
                subparagraphs (A) through (D).
            (3) Energy improvement.--The term ``energy improvement''--
                    (A) means any improvement, repair, or renovation to 
                an eligible building--
                            (i) that will directly result in a 
                        reduction in building energy costs of at least 
                        20 percent, including improvements to building 
                        envelope, air conditioning, ventilation, 
                        heating system, domestic hot water heating, 
                        compressed air systems, distribution systems, 
                        lighting, power systems, and controls; and
                            (ii) that leads to an improvement in 
                        building occupant health, including improvement 
                        in indoor air quality, daylighting, 
                        ventilation, electrical lighting, and 
                        acoustics; and
                    (B) may include the installation of a renewable 
                energy technology (such as wind power, photovoltaics, 
                solar thermal systems, geothermal energy, energy 
                storage, and hydropower) to an eligible building that 
                meets the requirements of subparagraph (A).
            (4) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of communities of color, low-income 
        communities, or Tribal and indigenous communities, that 
        experiences, or is at risk of experiencing higher or more 
        adverse human health or environmental effects.
            (5) EJSCREEN.--The term ``EJSCREEN'' means the 
        environmental justice mapping and screening tool created by the 
        Environmental Protection Agency.
            (6) EJ index.--The term ``EJ Index'' means the 
        Environmental Justice Indexes in EJSCREEN.
            (7) Medically underserved community.--The term ``medically 
        underserved community'' has the meaning given such term in 
        section 799B of the Public Health Service Act (42 U.S.C. 295p).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (9) Underserved community.--The term ``underserved 
        community'' means--
                    (A) a community located within a ZIP Code or census 
                tract that is identified by the Secretary as--
                            (i) a low-income community;
                            (ii) a community of color; or
                            (iii) a Tribal community; or
                    (B) any other community that the Secretary 
                determines is disproportionately vulnerable to, or 
                bears, a disproportionate burden of, any combination of 
                economic, social, environmental, or climate stressors.
    (b) Authority.--From amounts made available to carry out this 
section, the Secretary shall provide competitive grants to eligible 
entities to make energy improvements authorized by this section.
    (c) Priority.--In providing grants under this section, the 
Secretary shall give priority to eligible entities that will carry out 
energy improvements--
            (1) in an environmental justice community;
            (2) in a neighborhood with poverty and unemployment rates 
        that exceed the average in the United States;
            (3) in a neighborhood where 30 percent or more of 
        households receive benefits under--
                    (A) the supplemental nutrition assistance program 
                under the Food and Nutrition Act of 2008; or
                    (B) a mandatory spending program of the Federal 
                Government for which, as determined by the Secretary, 
                eligibility for the program's benefits, or the amount 
                of such benefits, is determined on the basis of income 
                or resources of the individual or family seeking the 
                benefit;
            (4) in an underserved community or a medically underserved 
        community;
            (5) in an EPA region where the EJ Index is above the 
        national average, as determined by EJSCREEN; or
            (6) in an environmental justice community, as documented by 
        federally recognized environmental justice mapping and equity 
        screening tools.
    (d) Competitive Criteria.--The competitive criteria used by the 
Secretary in providing grants under this section shall include the 
following:
            (1) The fiscal capacity of the eligible entity to meet the 
        needs for improvements of building facilities without 
        assistance under this section, including the ability of the 
        eligible entity to finance the applicable project through the 
        use of local bonding capacity, energy performance contracting, 
        if applicable, or other means determined appropriate by the 
        Secretary.
            (2) The likelihood that the eligible entity will maintain, 
        in good condition, any building facility whose improvement is 
        assisted with a grant under this section.
            (3) The potential energy efficiency and safety benefits for 
        building occupants from the proposed energy improvements.
    (e) Applications.--To be eligible to receive a grant under this 
section, an applicant shall submit to the Secretary an application that 
includes each of the following:
            (1) A needs assessment of the current condition of the 
        eligible building, or eligible buildings, that are to receive 
        the energy improvements.
            (2) A draft work plan of what the applicant hopes to 
        achieve at eligible buildings and a description of the energy 
        improvements to be carried out.
            (3) A description of the applicant's capacity to provide 
        services and comprehensive support to make the energy 
        improvements.
            (4) An assessment of the applicant's expected needs for 
        operation and maintenance training funds, and a plan for use of 
        those funds, if any.
            (5) An assessment of the expected energy efficiency and 
        safety benefits of the energy improvements.
            (6) A cost estimate of the proposed energy improvements.
    (f) Use of Grant Amounts.--
            (1) In general.--Except as otherwise provided in this 
        subsection, an eligible entity that receives a grant under this 
        section shall use the grant amounts only to make the energy 
        improvements contemplated in the application for the grant.
            (2) Operation and maintenance training.--An eligible entity 
        that receives a grant under this section may use up to 5 
        percent for operation and maintenance training for energy 
        efficiency and renewable energy improvements (such as 
        maintenance staff and building occupant training, education, 
        and preventative maintenance training).
            (3) Audit.--An eligible entity that receives a grant under 
        this section may use funds for a third-party investigation and 
        analysis for energy improvements (such as energy audits and 
        existing building commissioning).
    (g) Contracting Requirements.--
            (1) Davis-bacon.--Any laborer or mechanic employed by any 
        contractor or subcontractor in the performance of work on any 
        energy improvements funded by a grant under this section shall 
        be paid wages at rates not less than those prevailing on 
        similar construction in the locality as determined by the 
        Secretary of Labor under subchapter IV of chapter 31 of title 
        40, United States Code (commonly referred to as the Davis-Bacon 
        Act).
            (2) Competition.--Each eligible entity that receives a 
        grant under this section shall ensure that, if the eligible 
        entity carries out repair or renovation through a contract, any 
        such contract process--
                    (A) ensures the maximum number of qualified 
                bidders, including small, minority, and women-owned 
                businesses, through full and open competition; and
                    (B) gives priority to businesses located in or 
                resources common to, the State or the geographical area 
                in which the project is carried out.
    (h) Reporting.--
            (1) Initial report.--Each eligible entity that receives a 
        grant under this section shall submit to the Secretary, at such 
        time as the Secretary may require, a report describing the--
                    (A) use of such funds for energy improvements, 
                including the type of eligible building involved;
                    (B) the estimated cost savings realized by such 
                energy improvements;
                    (C) the building occupant safety benefits as a 
                result of such energy improvements;
                    (D) the results of any standard or detailed energy 
                audit of the applicable eligible building; and
                    (E) the use of the Department of Energy's Energy 
                Star Program performance tracking for tracking such 
                energy improvements.
            (2) Follow-up report.--Not later than 5 years after an 
        eligible entity completes energy improvements funded by a grant 
        received under this section, such eligible entity shall submit 
        to the Secretary a report describing the energy use and 
        reductions as a result of such energy improvements.
            (3) DOE report.--The Secretary shall submit to Congress a 
        report summarizing the information in the reports submitted 
        under paragraphs (1) and (2).
            (4) Best practices report.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary shall 
        develop and publish, including on the public website of the 
        Department of Energy, a report on the best practices for 
        eligible entities for activities carried out under this 
        section, including how to apply for a grant under this section, 
        including how to register with the Federal system of award 
        management and how to obtain and validate a Federal Data 
        Universal Number System.
    (i) Authorization of Appropriations.--
            (1) Authorization.--There is authorized to be appropriated 
        to carry out this section $1,000,000,000 for each of fiscal 
        years 2022 through 2026.
            (2) Technical assistance and outreach.--Up to 10 percent of 
        amounts made available pursuant to paragraph (1) each fiscal 
        year may be used to provide technical assistance and outreach 
        to eligible entities.
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