42 U.S.C. § 18831 — Grants for energy efficiency improvements and renewable energy improvements at public school facilities

(a) Definitions. “Alternative fueled vehicle” has the meaning in section 13211. “Alternative fueled vehicle infrastructure” is infrastructure for charging or fueling one. “Eligible entity” is a consortium^* of one local educational agency and one or more schools, knowledgeable nonprofit or for-profit organizations, or community partners. “Energy improvement” includes a school improvement, repair, or renovation directly reducing energy cost; an improvement that improves teacher or student health, including indoor air quality, and saves energy; renewable-energy installation; alternative-fuel vehicle infrastructure on school grounds for school buses, fleets, students, or the public; and buying or leasing alternative-fuel vehicles for school operations. “High school” and “local educational agency” have the meanings in 20 U.S.C. §7801. “Nonprofit organization” means a section 501(c)(3) tax-exempt organization or a section 501(c)(12) mutual or cooperative electric company. “Partnering local educational agency” is the participating local educational agency.

(b) Grants. The Secretary^* must competitively award grants to eligible entities for energy improvements.

(c) Application. An applicant must apply as required and include a needs assessment of the school and facilities; a draft work plan; the proposed improvements; the consortium’s ability to provide services and comprehensive support; expected operation-and-maintenance training needs and a plan to use funds; expected efficiency, savings, and safety benefits; cost estimates; and other available resources, including utility programs and public-benefit funds.

(d) Priority. The Secretary must prioritize an entity with renovation, repair, or improvement funding needs; one serving a high percentage of students eligible for free or reduced-price lunch, or whose partnering agency has locale code 41, 42, or 43; and one leveraging private investment through energy-performance contracting. For high-school students, the lunch-eligibility percentage uses data from schools feeding into the high school.

(e) Competitive criteria. The Secretary must consider the gap between the entity’s fiscal capacity and the agency’s needs, including the agency’s current and historical ability to raise construction and repair money, issue bonds or obtain other infrastructure funds, and its bond rating; the likelihood of maintaining improved schools and facilities; and the proposed improvements’ efficiency and safety benefits.

(f) Use. Except as stated here, grant money may be used only for improvements described in the application. Up to 5% may pay operation and maintenance training, including maintenance-staff and teacher training and preventive maintenance. Some money may pay third-party investigation and analysis, including audits and existing-building commissioning. Up to 3% may develop continuing-education curricula.

(g) Contracting. If grant money pays for repair or renovation by contract, full and open competition must obtain the maximum practicable number of qualified bidders, including small, minority-owned, and women-owned businesses, and must prioritize businesses located in or using resources common to the State^* or area of the work.

(h) The Secretary must publish guidelines and best practices^*.

(i) A recipient must report as required on grant use, estimated savings, third-party analysis, utility programs and public-benefit funds, and performance tracking such as Energy Star or the U.S. Green Building Council LEED system for existing buildings.

(j) Congress authorizes $500,000,000 for fiscal years 2022–2026.