Climate capital facilities grants

(a) Definitions In this section: (1) Eligible entity The term eligible entity means a— (A) a local educational agency, consortia of local educational agencies, or a State educational agency that is applying on behalf of 1 or more public schools ranked as one of the 1/3 most vulnerable schools in the United States, based on the most recent available vulnerability ranking; (B) a BIE school; or (C) a school funded by BIE. (2) Healthy green retrofit The term healthy green retrofit, with respect to a facility, means the holistic modification of the entire facility to remove health harms, eliminate greenhouse gas emissions, and ensure a safe, accessible, and comfortable environment, including through measures that achieve or convert the facility to address the following goals: (A) Optimal air quality. (B) Detoxification of air, water, and materials. (C) Enhanced light quality. (D) Improved energy efficiency. (E) Improved water quality and efficiency. (F) Safe and effective wastewater treatment. (G) Electrification and decarbonization. (H) Optimized energy management. (I) Distributed renewable energy. (J) Structural integrity. (K) Resilience to the impacts of climate change and natural hazards. (L) Comfort and accessibility for all users of the facility, including temperature control. (3) Healthy zero-carbon school The term healthy zero-carbon school means a public school, BIE school, or school funded by BIE— (A) with highly energy-efficient facilities that produce onsite, or procure, sufficient carbon-free and pollution-free renewable energy to meet the total annual energy consumption of the public school, BIE school, or school funded by BIE; (B) that does not contain any asbestos, mold, fungus, lead, polychlorinated biphenyl (PCB), or other contaminant identified as high-priority by the Office of Sustainable Schools; (C) the space heating, water heating, and lighting systems of which are all-electric; (D) the food service facilities of which use all-electric systems that include contemporary induction burners and convection stoves; (E) that has installed onsite renewable energy, including solar photovoltaic systems, batteries, flywheels, compressed air systems, pumped hydroelectric systems, thermal energy storage systems, and any other technologies that provide distributed renewable energy generation, energy storage, and resilience to extreme weather events, whenever conditions permit; (F) that continuously provides clean air, clean water, and a comfortable learning and working environment, including with respect to temperature; (G) that integrates natural and mechanical systems for natural daylight, views to the outdoors, and operable windows; (H) that provides full accessibility in compliance with— (i) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and (ii) applicable provisions of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and (I) that is designed to promote a safe, inclusive, and welcoming environment for all students and staff. (4) National Laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (5) Public school The term public school means— (A) a public elementary school; and (B) a public secondary school. (6) Secretary The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Energy Efficiency and Renewable Energy. (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Education, shall establish program under which the Secretary shall provide grants to eligible entities— (1) to conduct healthy green retrofits at facilities of the eligible entities to convert existing public schools, BIE schools, or schools funded by BIE into healthy zero-carbon schools; and (2) to construct new, healthy zero-carbon schools, subject to the condition that each new, healthy zero-carbon school so constructed shall be located not less than 2,500 feet from any oil or gas wells in the vicinity of the healthy zero-carbon school. (c) Application (1) In general An eligible entity desiring a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including a resource allocation plan described in section 101(b). (2) Grantee support (A) Outreach The Secretary, in coordination with the Secretary of Education and the Secretary of the Interior, shall conduct an outreach campaign not later than 3 months prior to the end of a grant competition under this section that— (i) notifies all State educational agencies, local educational agencies, public schools, BIE schools, and schools funded by BIE that meet applicable criteria for eligibility to apply for a grant under this section; and (ii) increases public awareness amongst students, parents, families, teachers, principals, other school leaders, facilities staff, and experts in healthy green retrofits about such grant competition. (3) Technical assistance On request of an eligible entity applying for a grant under this section, the Secretary of Education shall provide to the eligible entity technical assistance to develop the resource allocation plan required under section 101(b). (4) Approval The Secretary shall approve each application that meets the requirements of this section. In the case of an application that does not meet such requirements, the Secretary shall consult with the eligible entity and shall provide technical assistance, as necessary, to ensure that the eligible entity meets such requirements. (d) Allocation of grant funds (1) In general Subject to paragraph (2), the Secretary shall provide to each eligible entity that submits an application approved by the Secretary under subsection (c) a grant in accordance with this section. (2) Allocation (A) In general The Secretary shall allocate grant funds to eligible entities described in paragraph (1)— (i) in the case of a healthy green retrofit project described in subsection (b)(1), in accordance with the formula established under paragraph (3), subject to the conditions described in subparagraph (B); and (ii) in the case of a new, healthy zero-carbon schools project described in subsection (b)(2), in a manner determined by the Secretary of Education. (B) Conditions for healthy green retrofit projects In allocating grant funding to carry out projects described in subsection (b)(1), the Secretary shall make allocations as follows: (i) The amount of a grant provided under this section to an eligible entity that uses such amount to serve a public school ranked as one of the 1/3 most vulnerable schools in the United States, based on the most recent available vulnerability ranking, a local educational agency applying on behalf of such a school, or any BIE school or school funded by BIE, shall be sufficient to cover 100 percent of cost of carrying out a project described in subsection (b)(1). (ii) The amount of a grant provided under this section to an eligible entity that uses such amount to serve a public school ranked as one of the 1/3 least vulnerable schools in the United States, based on the most recent available vulnerability ranking, or a local educational agency applying on behalf of such a school, shall be sufficient to cover 1/3 of the cost of carrying out a project described in subsection (b)(1). (C) Loans (i) In general An eligible entity described in clause (ii) of subparagraph (B) may submit to the Secretary an application for a no-interest or low-interest loan to cover any remaining costs of carrying out a project described in subsection (b)(1). (ii) Limitation The total amount of loans provided by the Secretary under clause (i) shall be not more than $446,000,000,000. (3) Funding formula (A) In general Subject to subparagraph (B), the Secretary shall establish a formula for purposes of paragraph (2)(A)(i), based on the results of the initial audit conducted under subsection (g)(1)(A). (B) Revisions After each subsequent audit is conducted under subsection (g)(1)(B), the Secretary shall revise the formula established under subparagraph (A), based on the results of that audit. (e) Use of grant funds (1) In general A recipient of a grant under this section shall use the grant— (A) to conduct healthy green retrofits to convert 1 or more facilities to a healthy zero-carbon school as soon as practicable after receiving the grant funds; or (B) to construct a new, healthy zero-carbon school. (2) Activities to support school safety, security, and a welcoming school environment (A) In general In carrying out activities to comply with paragraph (1), a grant recipient shall— (i) consider and seek to incorporate, to the greatest extent practicable, design and construction strategies to promote safety and security, support accessibility, prevent violence, promote a sense of belonging, improve student mental health and physical well-being, and foster a positive, inclusive, and welcoming school culture and environment, including through evidence-based, trauma-informed physical updates, such as— (I) access control measures; (II) internal door locks; (III) appropriate lighting, including natural daylight; (IV) noise, temperature, and odor control; (V) spaces for storytelling, collaboration, connection, play, and movement; (VI) student-curated displays; (VII) clear wayfinding; (VIII) design principles to facilitate high-quality emergency response or planning; and (IX) other design and construction measures; and (ii) engage students, parents, educators, and school staff early in the design process. (B) Limitation A grant recipient may not use grant funds under this section— (i) for measures that subject students to potential penalties imposed by law enforcement, unduly surveil students, or otherwise detract from a positive, inclusive, and welcoming school culture and environment; and (ii) for measures that would reduce the accessibility of the school environment for children with disabilities. (3) Additional authorized uses After complying with paragraph (1), a recipient of a grant under this section may use the grant to pursue other projects, consistent with the goals of a healthy green retrofit, and in doing so, is encouraged to install green rooftops that reduce stormwater runoff and maximize urban island heat effect reduction benefits. Such rooftops shall meet the minimum performance standard specified within the Living Architecture Performance Tool (LAPT) rating system, and shall be implemented or completed in consultation with at least one Green Roof Professional (GRP) as accredited by the Green Roof Industry Association. (4) Solar PV systems A recipient of a grant under this section is encouraged to use the grant to purchase and install 1 or more solar photovoltaic systems to maximize returns, rather than leasing roof space to other individuals or entities. (5) Efficiency standards In carrying out a project using a grant provided under this section, an eligible entity shall carry out reasonable measures to meet the following energy efficiency standards, as applicable: (A) For a new construction project, design and operate the applicable facility— (i) to achieve— (I) a site energy use intensity equal to or less than 25 kBtu/sf/year; or (II) an Energy Star score of 90; and (ii) to offset not less than 30 percent of energy consumption with onsite renewable energy. (B) For a project to modify an existing facility, design and operate the facility— (i) to achieve— (I) a site energy use intensity equal to or less than 35 kBtu/sf/year; or (II) an Energy Star score of 70; and (ii) to offset not less than 20 percent of energy consumption with onsite renewable energy. (6) Additional standards In carrying out a project using a grant provided under this section, an eligible entity shall adhere to the applicable guidance contained in— (A) the design guide of the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) entitled Achieving Zero Energy—Advanced Energy Design Guide for K–12 School Buildings; and (B) the document of the National Renewable Energy Laboratory entitled A Guide to Zero Energy and Zero Energy Ready K–12 Schools. (f) Measurements and assessments (1) In general On conclusion of a healthy green retrofit or construction project funded by a grant under this section, the applicable eligible entity shall submit to the Secretary a measurement and assessment of the energy performance of each facility affected by the project, as determined— (A) before and after the project; and (B) based on standards agreed to by the eligible entity and the Secretary. (2) Publication The Secretary shall make all data submitted under paragraph (1) relating to performance changes publicly available to enable subsequent healthy green retrofit project sponsors to learn from, and improve on, the processes and technologies used (except that such data shall not be required to be publicly available in the case of a school funded by the BIE). (g) Comprehensive audits of healthy green retrofit needs (1) Audits (A) Initial audit Not later than 180 days after the date on which the Office of Sustainable Schools is established under section 101(a), the Secretary, working jointly with the head of the Office of Sustainable Schools, shall complete an audit of a representative sample of public schools, BIE schools, and schools funded by BIE across the United States to identify healthy green retrofit needs. (B) Subsequent audits After the initial audit is completed under subparagraph (A), the Secretary, working jointly with the head of the Office of Sustainable Schools, periodically shall complete an audit of all public schools, BIE schools, and schools funded by BIE across the United States to identify healthy green retrofit needs. (2) Requirement Each audit under paragraph (1) shall take into account— (A) local climatic conditions and risk of natural disasters; (B) regional variation of energy costs; (C) the high capital needs of public schools served by local educational agencies that enroll a high percentage of low-income children, BIE schools, and schools funded by BIE; (D) regional labor costs and labor markets; and (E) other necessary criteria, as determined by the Secretary. (h) Consultations In administering the grant program established under subsection (b) and conducting each audit under subsection (g)(1), the Secretary shall collaborate closely with, and seek technical assistance from— (1) the National Laboratories, particularly the National Renewable Energy Laboratory; (2) the Environmental Protection Agency; and (3) other Federal departments and agencies, as the Secretary determines to be necessary. (i) Design guide The Secretary shall encourage the National Renewable Energy Laboratory to develop a new design guide for schools that takes into account best practices and lessons learned from the implementation of the grant program established under subsection (b). (j) Labor standards (1) Labor and Buy American provisions (A) In general Each contractor or subcontractor for a project funded by a grant under this section shall carry out the following: (i) Ensure that the materials used by the contractor or subcontractor are substantially manufactured, mined, and produced in the United States in accordance with chapter 83 of title 41, United States Code (commonly known as the Buy American Act). (ii) Ensure that all laborers and mechanics employed by the contractor or subcontractor in the performance of construction, alteration, repair, or maintenance work financed in whole or in part with assistance 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 (commonly known as the Davis-Bacon Act). With respect to the labor standards in this clause, 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. (iii) With respect to a project or set of projects located in the same local educational agency costing not less than $25,000,000, consent to a project labor agreement. (iv) Not hire employees through a temporary staffing agency unless the relevant State workforce agency certifies that temporary employees are necessary to address an acute, short-term labor demand. (v) Have an explicit neutrality policy on any issue involving the organization of employees of the contractor or subcontractor, and all contractors and subcontractors, for purposes of collective bargaining. (vi) For each project related to a healthy green retrofit or new construction of a school, demonstrate an ability to use and to commit to use individuals enrolled in a registered apprenticeship program who shall, to the greatest extent practicable, constitute not less than 20 percent of the individuals working on the project. (vii) To the greatest extent practicable, provide preferential treatment in hiring laborers and mechanics that are— (I) hired from within 50 miles of their official residence; (II) veterans or active or retired military; (III) highly skilled union workers; or (IV) returning citizens who were formerly incarcerated individuals. (viii) Not require mandatory arbitration for any dispute involving a worker engaged in a service for the contractor or subcontractor. (ix) Consider an individual performing any service under the grant as an employee, and not an independent contractor, of the contractor or subcontractor, respectively, unless— (I) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact; (II) the service is performed outside the usual course of the business of the contractor or subcontractor, respectively; and (III) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. (B) Action to enforce independent contractor requirement A third party, including a State or local government, may bring an action in any court of competent jurisdiction to enforce the requirements of subparagraph (A)(ix). (2) Pre-apprenticeship To the greatest extent practicable, in carrying out a project funded by a grant under this section, grant recipients shall give preference to contractors or subcontractors that participate in pre-apprenticeship programs that have written agreements with one or more registered apprenticeship programs. (k) Authorization of appropriations; mandatory appropriations Out of funds in the Treasury not otherwise appropriated, there are authorized to be appropriated, and there are appropriated to carry out this section for the 10-fiscal-year period following the date of enactment of this Act— (1) $446,000,000,000 to the Secretary to carry out grants authorized under subsection (b); and (2) such sums as are necessary to the Secretary for administrative expenses and the provision of technical assistance in carrying out this section.