[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1379 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1379

To require the Secretary of Housing and Urban Development to establish 
 an excess urban heat mitigation grant program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2023

   Mr. Brown introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Housing and Urban Development to establish 
 an excess urban heat mitigation grant program, 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 ``Excess Urban Heat Mitigation Act of 
2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Heat stress is a leading weather-related cause of death 
        in the United States, with more than 600 people killed in the 
        United States by extreme heat every year, and many more 
        experiencing respiratory problems and heat-related illness.
            (2) Urban areas are likely to experience higher 
        temperatures than surrounding areas due to design-related 
        attributes of the built environment, including manmade factors 
        such as low solar reflectance, low vegetation and tree cover, 
        high building density, high impervious surface cover, and waste 
        heat emissions.
            (3) Underserved communities are disproportionately impacted 
        by extreme heat. In the United States, low-income census blocks 
        have 15.2 percent less tree cover and an average land surface 
        temperature that is 1.5 degrees Celsius hotter than high-income 
        blocks.
            (4) Studies show that in 97 percent of the largest 
        urbanized areas in the United States, people of color live in 
        census tracts with higher surface urban heat intensity than 
        non-Hispanic Whites, indicating that heat exposure is unequally 
        distributed by race.
            (5) Urban heat is not only a public health threat but also 
        an economic one, as rising heat leads to increased roadway 
        maintenance costs, higher residential and commercial summer 
        energy costs, and lost labor productivity, as well as the cost 
        to patients and health care infrastructure for heat-related 
        hospitalizations and emergency department visits.
            (6) Excess urban heat causes increased energy consumption, 
        elevated emission of air pollutants and greenhouse gases, and 
        impaired water quality.
            (7) Heat waves are expected to not only occur more 
        frequently in the United States but also be of longer duration, 
        lasting 10 to 20 days longer by the end of the century.
            (8) Solutions exist that communities can implement now to 
        mitigate the challenge of urban heat. One example is the 
        planting of urban trees to offset or reverse the urban heat 
        island effect. Studies in multiple cities in the United States 
        have shown that urban trees can offset projected increases in 
        heat-related mortality in 2050 by 40 to 99 percent.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered census tract.--The term ``covered census 
        tract'' means a census tract with a poverty rate of not less 
        than 20 percent, as measured by the 5-year data series 
        available from the American Community Survey of the Bureau of 
        the Census for the period of 2014 through 2018, including such 
        a census tract that includes an area that was designated as 
        ``hazardous'' or ``definitely declining'' in maps drawn by the 
        Home Owners' Loan Corporation.
            (2) Covered grant.--The term ``covered grant'' means a 
        grant awarded under section 4(a).
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State (as defined in section 102 of the 
                Housing and Community Development Act of 1974 (42 
                U.S.C. 5302));
                    (B) a metropolitan planning organization;
                    (C) a unit of general local government (as defined 
                in section 102 of the Housing and Community Development 
                Act of 1974 (42 U.S.C. 5302));
                    (D) an Indian tribe (as defined in section 102 of 
                the Housing and Community Development Act of 1974 (42 
                U.S.C. 5302));
                    (E) a territorial government;
                    (F) a nonprofit organization working in 
                coordination with an entity described in subparagraphs 
                (A) through (E); and
                    (G) a consortium of nonprofit organizations.
            (4) Eligible project.--The term ``eligible project''--
                    (A) means a project designed to mitigate or manage 
                heat in an urban area by--
                            (i) working to mitigate the causes of 
                        higher temperatures; or
                            (ii) managing the impacts of higher 
                        temperatures or other extreme weather events; 
                        and
                    (B) includes the implementation, construction, or 
                maintenance of--
                            (i) tree planting and maintenance with, 
                        wherever possible, preference for--
                                    (I) native tree species;
                                    (II) tree species with high shade 
                                production and carbon sequestration; 
                                and
                                    (III) tree species that are 
                                valuable for food production;
                            (ii) cool pavements;
                            (iii) cool roofs;
                            (iv) green roofs;
                            (v) bus and other transit stop shelters;
                            (vi) shade structures;
                            (vii) cooling centers with, wherever 
                        possible, preference for--
                                    (I) cooling centers that 
                                collaborate with existing community 
                                centers and spaces;
                                    (II) cooling centers with year-
                                round accessibility, and
                                    (III) cooling centers that utilize 
                                renewable energy;
                            (viii) community gardens, including 
                        agroforestry practices;
                            (ix) outreach to communities about 
                        resources available under this section;
                            (x) local heat mitigation and management 
                        education efforts;
                            (xi) urban forestry master plans;
                            (xii) urban tree canopy assessments;
                            (xiii) arboriculture training;
                            (xiv) maintenance of existing urban trees; 
                        or
                            (xv) other actions the Secretary determines 
                        appropriate to mitigate or manage excess urban 
                        heat.
            (5) Environmental justice.--The term ``environmental 
        justice'' means the fair treatment and meaningful involvement 
        of all people regardless of race, color, culture, national 
        origin, income, and educational levels with respect to the 
        development, implementation, and enforcement of protective 
        environmental laws, regulations, and policies.
            (6) Excess urban heat effect.--The term ``excess urban heat 
        effect'' means the phenomenon of local urban warming, resulting 
        from manmade factors such as low solar reflectance, low tree 
        cover, high building density, high impervious surface cover, 
        and waste heat emissions.
            (7) Extreme heat.--The term ``extreme heat'' means a 
        prolonged period of excessively hot weather, with temperatures 
        well above climatological normals for a given location and 
        season.
            (8) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
        taxation under section 501(a) of such Code.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (10) Urban area.--The term ``urban area'' has the meaning 
        given the term in section 101(a) of title 23, United States 
        Code.
            (11) Urban forestry master plan.--The term ``urban forestry 
        master plan'' means a strategic plan that establishes the 
        overall vision, goals, objectives, and implementation tools to 
        evaluate, maintain and expand the urban tree canopy with the 
        intention of building resilience to extreme weather events, 
        reducing the urban heat island effect, mitigating stormwater 
        runoff, reducing nutrient runoff, addressing air quality, and 
        preserving biodiversity.
            (12) Urban tree canopy assessment.--The term ``urban tree 
        canopy assessment'' means a measure of a community's tree 
        canopy coverage as a percentage of the total land area that 
        serves as a baseline for setting community tree canopy goals 
        and measuring progress.

SEC. 4. URBAN HEAT MITIGATION AND MANAGEMENT GRANT PROGRAM.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, acting through the Office of Community 
Planning and Development, in coordination with the Administrator of the 
Environmental Protection Agency, the Chief of the Forest Service, and 
the Director of the Climate Program Office of the National Oceanic and 
Atmospheric Administration, shall establish an urban heat mitigation 
and management grant program to award grants to eligible entities to 
implement eligible projects.
    (b) Set-Aside.--Not less than 75 percent of the amounts of covered 
grants awarded for a fiscal year shall be awarded to eligible entities 
to implement projects in a covered census tract.
    (c) Technical Assistance.--
            (1) In general.--Not more than 3 percent of amounts 
        appropriated to carry out this section may be used to provide 
        technical assistance to eligible entities applying for or 
        implementing a covered grant.
            (2) Preference.--In providing technical assistance under 
        paragraph (1), the Secretary shall give preference to eligible 
        entities that intend to serve communities--
                    (A) located in a covered census tract; or
                    (B) with lower-tree canopy and higher maximum 
                daytime summer temperatures compared to surrounding 
                communities, as determined by the Secretary, based on 
                publicly available information.
            (3) Inclusions.--Technical assistance provided under 
        paragraph (1) may include--
                    (A) assistance developing a complete application;
                    (B) financial analysis and budget development;
                    (C) support for project integration;
                    (D) assessment of project readiness; and
                    (E) technical assistance implementing activities 
                once a covered grant is received.
    (d) Application.--
            (1) In general.--An eligible entity desiring a covered 
        grant shall submit to the Secretary an application, at such 
        time and in such manner as required by the Secretary in 
        guidance, that includes, at a minimum--
                    (A) how the eligible entity will use the covered 
                grant;
                    (B) how the eligible projects funded will combat 
                extreme heat or excess urban heat effects and improve 
                quality of life for impacted communities;
                    (C) a robust engagement plan that--
                            (i) outlines how the eligible entity will 
                        meaningfully and inclusively engage with the 
                        communities in which the eligible projects take 
                        place throughout project implementation; and
                            (ii) demonstrates how the eligible entity 
                        plans to--
                                    (I) foster meaningful, reciprocal 
                                relationships with community-based 
                                organizations;
                                    (II) engage in respectful, good-
                                faith consultation with diverse 
                                community stakeholders; and
                                    (III) empower members of the 
                                community to participate in decision 
                                making; and
                    (D) how the eligible entity will address the 
                intersection between human health, environment, and 
                built environment.
            (2) Guidance.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall issue the guidance 
        described in paragraph (1).
    (e) Matching Requirement.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of an eligible project carried out 
        with amounts from a covered grant shall be not more than 80 
        percent.
            (2) Waiver.--The Secretary may increase the maximum Federal 
        share described in paragraph (1) from 80 percent to 100 percent 
        for an eligible project carried out by an eligible entity that 
        demonstrates economic hardship, as determined by the Secretary.
    (f) Priority.--In awarding covered grants, the Secretary shall give 
priority to an eligible entity that serves--
            (1) a community located in a covered census tract; or
            (2) a community with lower tree canopy and higher maximum 
        daytime summer temperatures compared to surrounding 
        communities, as determined by the Secretary, based on publicly 
        available information.
    (g) Reporting Requirement.--The Secretary shall submit an annual 
report to Congress that identifies the recipients of covered grants and 
the geographic and economic distribution of those recipients.
    (h) Oversight.--
            (1) In general.--In order to ensure the effectiveness of 
        projects that are carried out using covered grants, the 
        Secretary shall use not more than 5 percent of any amounts 
        appropriated to carry out this section to establish an 
        oversight board to help--
                    (A) select recipients of covered grants; and
                    (B) review the progress made by recipients of 
                covered grants on a yearly basis.
            (2) Evaluation.--The board established under paragraph (1) 
        shall--
                    (A) develop and apply a rubric to evaluate the 
                success of projects carried out using covered grants in 
                reaching their objective to combat the causes and 
                effects of excess urban heat; and
                    (B) serve the Secretary in an advisory capacity.
            (3) Membership.--
                    (A) In general.--Members of the board established 
                under paragraph (1) may include--
                            (i) representatives from the Environmental 
                        Protection Agency, particularly from the Heat 
                        Island Reduction Program;
                            (ii) representatives from the Department of 
                        Health and Human Services, particularly from 
                        the Office of Climate Change and Health Equity;
                            (iii) representatives from the Department 
                        of Energy, particularly from the Office of 
                        Energy Efficiency and Renewable Energy;
                            (iv) representatives from the Department of 
                        Agriculture, particularly from the Urban and 
                        Community Forestry Program;
                            (v) subject to subparagraph (B), 
                        representatives from nonprofit organizations 
                        with proven leadership in urban heat mitigation 
                        or environmental justice, as determined by the 
                        Secretary; and
                            (vi) subject to subparagraph (B), 
                        representatives from academia and research 
                        studying the effects of and mitigation of 
                        excess urban heat, environmental justice, or 
                        related areas.
                    (B) Certification required.--In order to be a 
                member of the board established under paragraph (1), a 
                representative described in clause (v) or (vi) of 
                subparagraph (A) of this paragraph shall certify that 
                the representative does not possess any conflict of 
                interest with respect to projects being considered for 
                a covered grant or being carried out using a covered 
                grant.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $30,000,000 for each of fiscal 
years 2023 through 2030.
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