[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4966 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4966

    To require the Secretary of Energy to provide grants for energy 
  efficiency improvements and renewable energy improvements at public 
               school facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 2021

  Ms. Matsui (for herself, Ms. Barragan, Mr. Smith of Washington, Mr. 
  Huffman, Mr. Takano, and Mr. Bowman) introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
    To require the Secretary of Energy to provide grants for energy 
  efficiency improvements and renewable energy improvements at public 
               school facilities, 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 ``Healthier and Greener Schools Act of 
2021''.

SEC. 2. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE ENERGY 
              IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES.

    (a) Definitions.--In this section:
            (1) Community of color.--The term ``community of color'' 
        means a geographically distinct area in which the population of 
        any of the following categories of individuals is higher than 
        the average population of that category for the State in which 
        the community is located:
                    (A) Black.
                    (B) African American.
                    (C) Asian.
                    (D) Pacific Islander.
                    (E) Other non-White race.
                    (F) Hispanic.
                    (G) Latino.
                    (H) Linguistically isolated.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        consortium of--
                    (A) 1 local educational agency; and
                    (B) 1 or more--
                            (i) schools;
                            (ii) nonprofit organizations;
                            (iii) for-profit organizations; or
                            (iv) community partners that have the 
                        knowledge and capacity to partner and assist 
                        with energy improvements.
            (3) Energy improvement.--The term ``energy improvement'' 
        means--
                    (A) any improvement, repair, or renovation to a 
                school that results in a direct reduction in school 
                energy costs, including improvements to the envelope, 
                air conditioning system, ventilation system, heating 
                system, domestic hot water heating system, compressed 
                air system, distribution system, lighting system, power 
                system, and controls of a building;
                    (B) any improvement, repair, or renovation to, or 
                installation in, a school that leads to an improvement 
                in teacher and student health, including indoor air 
                quality, daylighting, ventilation, electrical lighting, 
                windows, roofing (including green roofs), outdoor 
                gardens, and acoustics;
                    (C) any improvement, repair, or renovation to a 
                school involving the installation of renewable energy 
                technologies (such as wind power, photovoltaics, solar 
                thermal systems, geothermal energy, hydrogen-fueled 
                systems, and hydropower); and
                    (D) the installation of zero-emissions vehicle 
                infrastructure on school grounds for--
                            (i) exclusive use of school buses, school 
                        fleets, staff, faculty, or students; or
                            (ii) the general public.
            (4) Environmental justice community.--The term 
        ``environmental justice community'' means any population of 
        color, community of color, indigenous community, or low-income 
        community that experiences a disproportionate burden of adverse 
        human health or environmental effects, including with respect 
        to such effects that are the result of pollution or other 
        environmental hazards.
            (5) High school.--The term ``high school'' has the meaning 
        given the term in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (6) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (7) Partnering local educational agency.--The term 
        ``partnering local educational agency'', with respect to an 
        eligible entity, means the local educational agency 
        participating in the consortium of the eligible entity.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (9) Zero-emissions vehicle infrastructure.--The term 
        ``zero-emissions vehicle infrastructure'' means infrastructure 
        used to charge or fuel--
                    (A) a zero-emission vehicle (as defined in section 
                88.102-94 of title 40, Code of Federal Regulations (or 
                successor regulation)); or
                    (B) a vehicle that produces zero exhaust emissions 
                of any criteria pollutant (or precursor pollutant) or 
                greenhouse gas under any possible operational mode or 
                condition.
    (b) Grants.--The Secretary shall award competitive grants to 
eligible entities to make energy improvements in accordance with this 
section.
    (c) Applications.--
            (1) In general.--An eligible entity desiring a grant under 
        this section shall submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
            (2) Contents.--The application submitted under paragraph 
        (1) shall include each of the following:
                    (A) A needs assessment of the current condition of 
                the school and school facilities that will receive the 
                energy improvements.
                    (B) A draft work plan of the intended achievements 
                of the eligible entity at the school.
                    (C) A description of the energy improvements that 
                the eligible entity will carry out at the school.
                    (D) A description of the capacity of the eligible 
                entity to provide services and comprehensive support to 
                make the energy improvements referred to in 
                subparagraph (C).
                    (E) An assessment of the expected needs of the 
                eligible entity for operation and maintenance training 
                funds, and a plan for use of those funds, if 
                applicable.
                    (F) An assessment of the expected energy efficiency 
                and safety benefits of the energy improvements.
                    (G) A cost estimate of the proposed energy 
                improvements.
                    (H) An identification of other resources that are 
                available to carry out the activities for which grant 
                funds are requested under this section, including the 
                availability of utility programs and public benefit 
                funds.
    (d) Priority.--
            (1) In general.--In awarding grants under this section, the 
        Secretary shall give priority to an eligible entity that--
                    (A) serves students the majority of whom are 
                located in--
                            (i) an environmental justice community; or
                            (ii) a community that is affected by a 
                        natural or man-made disaster;
                    (B) has renovation, repair, and improvement funding 
                needs; and
                    (C)(i) as determined by the Secretary, serves a 
                high percentage of students, including students in a 
                high school in accordance with paragraph (2), who are 
                eligible for a free or reduced price lunch under the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1751 et seq.); or
                    (ii) the partnering local educational agency of 
                which is designated with a school district locale code 
                of 41, 42, or 43, as determined by the National Center 
                for Education Statistics in consultation with the 
                Bureau of the Census.
            (2) High school students.--In the case of students in a 
        high school, the percentage of students eligible for a free or 
        reduced price lunch described in paragraph (1)(C)(i) shall be 
        calculated using data from the schools that feed into the high 
        school.
    (e) Competitive Criteria.--The competitive criteria used by the 
Secretary to award grants under this section shall include the 
following:
            (1) The extent of the disparity between the fiscal capacity 
        of the eligible entity to carry out energy improvements at 
        school facilities and the needs of the partnering local 
        educational agency for those energy improvements, including 
        consideration of--
                    (A) the current and historic ability of the 
                partnering local educational agency to raise funds for 
                construction, renovation, modernization, and major 
                repair projects for schools;
                    (B) the ability of the partnering local educational 
                agency to issue bonds or receive other funds to support 
                the current infrastructure needs of the partnering 
                local educational agency for schools; and
                    (C) the bond rating of the partnering local 
                educational agency.
            (2) The likelihood that the partnering local educational 
        agency or eligible entity will maintain, in good condition, any 
        school and school facility that is the subject of improvements.
            (3) The potential energy efficiency, greenhouse gas 
        reduction, resilience, and safety benefits from the proposed 
        energy improvements.
    (f) Use of Grant Amounts.--
            (1) In general.--Except as provided in this subsection, an 
        eligible entity receiving a grant under this section shall use 
        the grant amounts only to make the energy improvements 
        described in the application submitted by the eligible entity 
        under subsection (c).
            (2) Additional funds.--An eligible entity receiving a grant 
        under this section may combine the grant with additional funds, 
        including other Federal funds, State or local funds, and 
        private funds (including any private funds provided in an 
        energy saving performance contract), provided that the eligible 
        entity meets any requirements the Secretary may establish 
        relating to tracking and reporting use of grant funds 
        separately from such additional funds.
            (3) Operation and maintenance training.--An eligible entity 
        receiving a grant under this section may use not more than 5 
        percent of the grant amounts for operation and maintenance 
        training for energy efficiency and renewable energy 
        improvements, such as maintenance staff and teacher training, 
        education, and preventative maintenance training.
            (4) Third-party investigation and analysis.--An eligible 
        entity receiving a grant under this section may use a portion 
        of the grant amounts for a third-party investigation and 
        analysis of the energy improvements carried out by the eligible 
        entity, such as energy audits and existing building 
        commissioning.
            (5) Continuing education.--An eligible entity receiving a 
        grant under this section may use not more than 3 percent of the 
        grant amounts to develop a continuing education curriculum 
        relating to energy improvements.
    (g) Competition in Contracting.--If an eligible entity receiving a 
grant under this section uses grant funds to carry out repair or 
renovation through a contract, the eligible entity shall be required to 
ensure that the contract process--
            (1) through full and open competition, ensures the maximum 
        practicable number of qualified bidders, including small, 
        minority, and women-owned businesses; and
            (2) gives priority to businesses located in, or resources 
        common to, the State or geographical area in which the repair 
        or renovation under the contract will be carried out.
    (h) Best Practices.--The Secretary shall develop and publish 
guidelines and best practices for activities carried out under this 
section.
    (i) Report by Eligible Entity.--An eligible entity receiving a 
grant under this section shall submit to the Secretary, at such time as 
the Secretary may require, a report describing--
            (1) the use of the grant funds for energy improvements;
            (2) the estimated cost savings realized by those energy 
        improvements;
            (3) the results of any third-party investigation and 
        analysis conducted relating to those energy improvements;
            (4) the use of any utility programs and public benefit 
        funds; and
            (5) the use of performance tracking for energy 
        improvements, such as the Energy Star program established under 
        section 324A or the United States Green Building Council 
        Leadership in Energy and Environmental Design (LEED) green 
        building rating system for operations and maintenance.
    (j) Wage Rate 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) Authority.--With respect to the labor standards 
        specified in paragraph (1), the Secretary of Labor shall have 
        the authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2022 through 2026.
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