[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 891 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 891

   To direct the Secretary of Energy to carry out a grant program to 
   improve the energy resilience, energy democracy, and security of 
 communities, prioritizing environmental justice communities, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2023

  Ms. Barragan (for herself, Ms. Clarke of New York, Mr. Huffman, Ms. 
Bush, Mr. Carson, Ms. Bonamici, Mr. Khanna, Mr. Espaillat, Mrs. Hayes, 
Mrs. Watson Coleman, Mr. Nadler, Ms. Norton, Ms. Pingree, Ms. Scanlon, 
   Mr. Beyer, Mr. Schiff, Ms. Jayapal, Mr. Grijalva, Mr. Foster, Ms. 
   Porter, Ms. Matsui, Mr. Casar, Mr. Cohen, Mr. Krishnamoorthi, Ms. 
Sanchez, Ms. Meng, Ms. Tokuda, Mr. Blumenauer, Mr. Carter of Louisiana, 
    Ms. Velazquez, Ms. Tlaib, Mr. Tonko, Ms. Lee of California, Ms. 
  Stansbury, Mr. Gallego, Mrs. McBath, Mr. Cleaver, Ms. McCollum, Mr. 
  Meeks, Mr. Payne, Ms. Ocasio-Cortez, Mr. Moskowitz, Mr. Kim of New 
 Jersey, and Mr. DeSaulnier) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
  the Committee on Science, Space, and Technology, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Energy to carry out a grant program to 
   improve the energy resilience, energy democracy, and security of 
 communities, prioritizing environmental justice communities, 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 Resilient Communities Act''.

SEC. 2. CLEAN ENERGY MICROGRID GRANT PROGRAM.

    (a) In General.--The Secretary of Energy shall establish and carry 
out a program to provide grants to eligible entities.
    (b) Use of Funds.--An eligible entity may use a grant provided 
under the program established pursuant to subsection (a) to--
            (1) obtain technical assistance to--
                    (A) upgrade building codes and standards for 
                resiliency to climate change hazards (including 
                wildfires, flooding, sea level rise, landslides, 
                drought, storms, temperature extremes, and other 
                extreme weather events);
                    (B) develop a FEMA Hazard Mitigation Plan to 
                identify and overcome known climate change hazards to 
                critical community infrastructure; or
                    (C) conduct a needs assessment of prospective clean 
                energy microgrid projects and, as applicable, design 
                prospective clean energy microgrids, including 
                assistance to address permitting and siting challenges, 
                understand and facilitate financing options, and 
                understand the technical characteristics of clean 
                energy microgrids;
            (2) provide community outreach and collaborative planning 
        with respect to a prospective project described in paragraph 
        (3); or
            (3) carry out a project to develop and construct--
                    (A) a clean energy microgrid that supports critical 
                community infrastructure; or
                    (B) a clean energy microgrid for residences of 
                medical baseline customers.
    (c) Priority.--
            (1) In general.--In providing grants under the program 
        established pursuant to subsection (a), the Secretary of Energy 
        shall give priority to an eligible entity that proposes to use 
        a grant to obtain technical assistance described in subsection 
        (b)(1), provide outreach described in subsection (b)(2), or 
        carry out a project described in subsection (b)(3), that will 
        benefit an environmental justice community.
            (2) Technical assistance and community outreach grants.--
        After priority given under paragraph (1), in providing grants 
        to obtain technical assistance described in subsection (b)(1) 
        or provide outreach described in subsection (b)(2), the 
        Secretary of Energy shall give priority to an eligible entity 
        proposing to obtain technical assistance or provide outreach 
        that the Secretary of Energy determines will further the 
        development of clean energy microgrids that are community-owned 
        energy systems.
            (3) Clean energy microgrid grants.--After priority given 
        under paragraph (1), in providing grants under the program 
        established pursuant to subsection (a) for projects described 
        in subsection (b)(3), the Secretary of Energy shall give 
        priority to an eligible entity that--
                    (A) proposes to develop and construct a clean 
                energy microgrid that, in comparison to other clean 
                energy microgrids for which grants are sought under 
                such program, will result in the greatest reduction--
                            (i) of greenhouse gas emissions;
                            (ii) of emissions of criteria air 
                        pollutants;
                            (iii) in public health disparities in 
                        communities experiencing a disproportionate 
                        level of air pollution; or
                            (iv) in the energy cost burden for 
                        communities;
                    (B) proposes to develop and construct a clean 
                energy microgrid that is a community-owned energy 
                system;
                    (C) proposes to develop and construct a clean 
                energy microgrid that, in comparison to other clean 
                energy microgrids for which grants are sought under 
                such program, will provide the greatest amount of 
                resiliency benefits to a jurisdiction in which the 
                microgrid is located;
                    (D) proposes to develop and construct a clean 
                energy microgrid that minimizes land use impacts by--
                            (i) siting sources of clean energy within 
                        the already-built environment, including over 
                        rooftops and parking lots;
                            (ii) siting sources of clean energy on 
                        existing brownfield sites or contaminated 
                        sites;
                            (iii) co-locating sources of clean energy 
                        on agricultural lands or over reservoirs; or
                            (iv) siting sources of clean energy on 
                        compatible lands;
                    (E) proposes to, in developing and constructing a 
                clean energy microgrid, utilize or involve small 
                businesses or nonprofits that primarily operate or are 
                located within environmental justice communities, 
                particularly those that are women-owned and operated or 
                minority-owned and operated;
                    (F) has previously received a grant to obtain 
                technical assistance under such program;
                    (G) imposes registered apprentice utilization 
                requirements on projects, provided that such 
                requirements comply with the apprentice to journey 
                worker ratios established by the Department of Labor or 
                the applicable State Apprenticeship Agency; or
                    (H) proposes to develop and construct a clean 
                energy microgrid in an area designated nonattainment 
                and classified as an Extreme Area or Severe Area for 
                one or more criteria air pollutants.
    (d) Educational Outreach Program.--
            (1) In general.--Not later than 90 days after funds are 
        made available to carry out this section, the Secretary of 
        Energy shall develop and carry out an educational outreach 
        program to inform eligible entities about the program 
        established pursuant to subsection (a).
            (2) Contracts.--The Secretary of Energy may enter into 
        third-party contracts to implement the educational outreach 
        program under paragraph (1). In entering into contracts 
        pursuant to this paragraph, the Secretary shall prioritize 
        entering into contracts with women-owned and operated or 
        minority-owned and operated entities.
            (3) Priority.--The educational outreach program under 
        paragraph (1) shall prioritize--
                    (A) providing information on the program 
                established pursuant to subsection (a) to eligible 
                entities that serve an environmental justice community 
                and to environmental justice communities; and
                    (B) promoting public understanding of the community 
                benefits of clean energy microgrids for critical 
                community infrastructure.
    (e) Cost Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of technical assistance, outreach, or 
        a project for which a grant is provided pursuant to the program 
        established pursuant to subsection (a) shall not exceed 60 
        percent of such cost.
            (2) Environmental justice community.--The Federal share of 
        the cost of technical assistance that is obtained for, outreach 
        that is provided to, or a project that is carried out in, an 
        environmental justice community, and for which a grant is 
        provided pursuant to the program established pursuant to 
        subsection (a) shall not exceed 90 percent of such cost.
    (f) Limitation on Amount.--The amount of a grant provided to an 
eligible entity under this section to carry out a project described in 
subsection (b)(3) may not exceed $10,000,000.
    (g) Use of American Iron, Steel, and Manufactured Goods.--
            (1) No funds authorized under this section shall be made 
        available with respect to a project unless all of the iron, 
        steel, and manufactured goods used in the project are produced 
        in the United States.
            (2) Paragraph (1) shall not apply in any case or category 
        of cases in which the Secretary of Energy finds that--
                    (A) applying paragraph (1) would be inconsistent 
                with the public interest;
                    (B) iron, steel, and the relevant manufactured 
                goods are not produced in the United States in 
                sufficient and reasonably available quantities and of a 
                satisfactory quality; or
                    (C) inclusion of iron, steel, and manufactured 
                goods produced in the United States will increase the 
                cost of the overall project by more than 25 percent.
            (3) If the Secretary of Energy receives a request for a 
        waiver under this subsection, the Secretary shall make 
        available to the public on an informal basis a copy of the 
        request and information available to the Secretary concerning 
        the request, and shall allow for informal public input on the 
        request for at least 15 days prior to making a finding based on 
        the request. The Secretary shall make the request and 
        accompanying information available by electronic means, 
        including on the official public website of the Department of 
        Energy.
            (4) This subsection shall be applied in a manner consistent 
        with the United States obligations under international 
        agreements.
    (h) Prevailing Wages.--All laborers and mechanics employed by 
contractors or subcontractors in the performance of construction, 
alteration, or repair work assisted, in whole or in part, 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 in accordance with subchapter IV of chapter 31 of 
title 40, United States Code. With respect to the labor standards in 
this subsection, 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.
    (i) Project Labor.--An eligible entity that uses a grant provided 
under this section to construct a clean energy microgrid shall ensure, 
to the greatest extent practicable, that any subgrantee of such 
eligible entity, and any subgrantee thereof, that carries out such 
construction employs at least 40 percent of laborers or mechanics for 
such construction that are individuals who--
            (1) are domiciled, if the applicable construction area is--
                    (A) a major urban area, not further than 15 miles 
                from such construction area; or
                    (B) not a major urban area, not further than 50 
                miles from such construction area;
            (2) are displaced and unemployed energy workers;
            (3) are members of the Armed Forces serving on active duty, 
        separated from active duty, or retired from active duty;
            (4) have been incarcerated or served time in a juvenile or 
        adult detention or correctional facility, or been placed on 
        probation, community supervision, or in a diversion scheme;
            (5) have a disability;
            (6) are homeless;
            (7) are receiving public assistance;
            (8) lack a general education diploma or high school 
        diploma;
            (9) are emancipated from the foster care system;
            (10) reside or work in an environmental justice community; 
        or
            (11) are registered apprentices with fewer than 15 percent 
        of the required graduating apprentice hours in a program.
    (j) Reports.--The Secretary of Energy shall submit to Congress, and 
make available on the public website of the Department of Energy, an 
annual report on the program established pursuant to subsection (a) 
that includes, with respect to the previous year--
            (1) the number of grants provided;
            (2) the total dollar amount of all grants provided;
            (3) a list of grant disbursements by State;
            (4) for each grant provided--
                    (A) a description of the technical assistance 
                obtained, outreach provided, or project carried out 
                with grants funds; and
                    (B) whether the grant is provided to obtain 
                technical assistance, provide outreach, or carry out a 
                project with respect to an environmental justice 
                community; and
            (5) for each grant provided to carry out a clean energy 
        microgrid project--
                    (A) employment data for such project, including the 
                number of jobs created and what percent of laborers and 
                mechanics hired for such project meet the criteria 
                under subsection (i);
                    (B) the greenhouse gas and criteria air pollutant 
                reduction impacts for such project;
                    (C) the public health benefits from such project; 
                and
                    (D) the reduced energy cost burden from such 
                project.
    (k) Funding.--
            (1) Authorization of appropriations.--For each of fiscal 
        years 2024 through 2033, there is authorized to be 
        appropriated--
                    (A) $50,000,000 for grants for technical assistance 
                described in subsection (b)(1) and outreach described 
                in subsection (b)(2); and
                    (B) $1,500,000,000 for grants for projects 
                described in subsection (b)(3).
            (2) Community-owned energy systems.--To the maximum extent 
        practicable, not less than 10 percent of the amount 
        appropriated under paragraph (1)(B) for any fiscal year shall 
        be used to provide grants for projects to develop and construct 
        clean energy microgrids that are community-owned energy 
        systems.
            (3) Administrative expenses.--
                    (A) Technical assistance and outreach.--The 
                Secretary may use not more than 2 percent of the amount 
                appropriated for any fiscal year under paragraph (1)(A) 
                for administrative expenses.
                    (B) Clean energy microgrid projects.--The Secretary 
                may use not more than 2 percent of the amount 
                appropriated for any fiscal year under paragraph (1)(B) 
                for administrative expenses, including expenses for 
                carrying out the educational outreach program under 
                subsection (d).
    (l) Definitions.--In this section:
            (1) Clean energy.--The term ``clean energy'' means electric 
        energy generated from solar, wind, geothermal, existing 
        hydropower, micro-hydropower, hydrokinetic, or hydrogen fuel 
        cells.
            (2) 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 populations 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) Non-White Hispanic.
                    (G) Latino.
                    (H) Linguistically isolated.
            (3) Community-owned energy system.--The term ``community-
        owned energy system'' means an energy system owned--
                    (A) by the local government where the system is 
                located;
                    (B) by a nonprofit organization that is based in 
                the local jurisdiction where the energy system is 
                located;
                    (C) collectively, by community members; or
                    (D) by a worker-owned or community-owned for-profit 
                entity.
            (4) Compatible land.--The term ``compatible land'' means 
        land that is at least 5 miles away from existing protected 
        areas and within 3 miles of existing transmission 
        infrastructure.
            (5) Critical community infrastructure.--The term ``critical 
        community infrastructure'' means infrastructure that is 
        necessary to providing vital community and individual 
        functions, including--
                    (A) schools;
                    (B) town halls;
                    (C) public safety facilities;
                    (D) hospitals;
                    (E) health clinics;
                    (F) community centers;
                    (G) community nonprofit facilities providing 
                essential services;
                    (H) libraries;
                    (I) grocery stores;
                    (J) emergency management facilities;
                    (K) water systems;
                    (L) homeless shelters;
                    (M) senior housing; and
                    (N) public or affordable housing.
            (6) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, territory of the United States, or 
                Tribal agency;
                    (B) a local government or political subdivision of 
                a State, including a municipally owned electric utility 
                and an agency, authority, corporation, or 
                instrumentality of a State or Indian Tribe;
                    (C) an electric utility;
                    (D) a nonprofit organization; or
                    (E) a partnership between--
                            (i) a private entity, or a nonprofit 
                        organization, that owns critical community 
                        infrastructure; and
                            (ii) a State, territory of the United 
                        States, Tribal agency, or local government.
            (7) 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.
            (8) Low-income community.--The term ``low-income 
        community'' means any census block group in which 30 percent or 
        more of the population are individuals with an annual household 
        income equal to, or less than, the greater of--
                    (A) an amount equal to 80 percent of the median 
                income of the area in which the household is located, 
                as reported by the Department of Housing and Urban 
                Development; and
                    (B) 200 percent of the Federal poverty line.
            (9) Major urban area.--The term ``major urban area'' means 
        a metropolitan statistical area within the United States with 
        an estimated population that is greater than or equal to 
        1,500,000.
            (10) Medical baseline customer.--The term ``medical 
        baseline customer'' means a customer of an electric utility 
        with special energy needs due to a medical condition, including 
        energy needs for--
                    (A) a motorized wheelchair;
                    (B) a ventilator;
                    (C) a dialysis machine;
                    (D) an apnea monitor;
                    (E) an electrostatic nebulizer;
                    (F) a respirator;
                    (G) medication requiring refrigeration; and
                    (H) for a customer with a vulnerable respiratory 
                system, an air cleaning system.
            (11) Microgrid.--The term ``microgrid'' means an 
        interconnected system of loads and clean energy resources 
        (including distributed energy resources, energy storage, demand 
        response tools, and other management, forecasting, and 
        analytical tools) which--
                    (A) is appropriately sized to meet the critical 
                needs of its customers;
                    (B) is contained within a clearly defined 
                electrical boundary and has the ability to operate as a 
                single and controllable entity;
                    (C) has the ability to--
                            (i) connect to, disconnect from, or run in 
                        parallel with the applicable grid region; or
                            (ii) be managed and isolated from the 
                        applicable grid region in order to withstand 
                        larger disturbances and maintain the supply of 
                        electricity to a connected location;
                    (D) has no point of interconnection to the 
                applicable grid region with a throughput capacity in 
                excess of 20 megawatts; and
                    (E) can connect to one building or multiple 
                interconnected buildings.
            (12) Micro-hydropower.--The term ``micro-hydropower'' means 
        hydropower that produces no more than 100 kilowatts of 
        electricity using the natural flow of water.
            (13) Produced in the united states.--The term ``produced in 
        the United States'' means, in the case of iron or steel, that 
        all manufacturing processes, including the application of a 
        coating, occur in the United States.
            (14) Registered apprentice.--The term ``registered 
        apprentice'' means a person in an apprenticeship program that 
        is registered with, and approved by, the United States 
        Department of Labor or a State Apprenticeship Agency in 
        accordance with parts 29 and 30 of title 29, Code of Federal 
        Regulations (as in effect on January 1, 2020).
            (15) Small business.--The term ``small business'' has the 
        meaning given the term ``small business concern'' under section 
        3 of the Small Business Act (15 U.S.C. 632).
            (16) Tribal and indigenous community.--The term ``Tribal 
        and indigenous community'' means a population of people who are 
        members of--
                    (A) a federally recognized Indian Tribe;
                    (B) a State-recognized Indian Tribe;
                    (C) an Alaska Native or Native Hawaiian community 
                or organization; or
                    (D) any other community of indigenous people 
                located in a State.
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