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

submitted 5 years ago by Pub. L. 117-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,413 words · no verdicts yet

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This section provides competitive grants for school energy improvements, including efficiency, renewable energy, and alternative-fuel vehicles, with priority rules, contracting safeguards, reporting, and $500 million authorized.

(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.

the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Alternative fueled vehicle

The term “alternative fueled vehicle” has the meaning given the term in section 13211 of this title.

(2) Alternative fueled vehicle infrastructure

The term “alternative fueled vehicle infrastructure” means infrastructure used to charge or fuel an alternative fueled vehicle.

(3) 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 that have the knowledge and capacity to partner and assist with energy improvements;

(iii)

for-profit organizations that have the knowledge and capacity to partner and assist with energy improvements; or

(iv)

community partners that have the knowledge and capacity to partner and assist with energy improvements.

(4) 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—

(i)

leads to an improvement in teacher and student health, including indoor air quality; and

(ii)

achieves energy savings;

(C)

any improvement, repair, or renovation to a school involving the installation of renewable energy technologies;

(D)

the installation of alternative fueled vehicle infrastructure on school grounds for—

(i)

exclusive use of school buses, school fleets, or students; or

(ii)

the general public; and

(E)

the purchase or lease of alternative fueled vehicles to be used by a school, including school buses, fleet vehicles, and other operational vehicles.

(5) High school

The term “high school” has the meaning given the term in section 7801 of title 20.

(6) Local educational agency

The term “local educational agency” has the meaning given the term in section 7801 of title 20.

(7) Nonprofit organization

The term “nonprofit organization” means—

(A)

an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or

(B)

a mutual or cooperative electric company described in section 501(c)(12) of such Code.

(8) 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.

(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 would receive the energy improvements if the application were approved.

(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 would carry out at the school if the application were approved.

(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, energy savings, 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—

(A)

that has renovation, repair, and improvement funding needs;

(B)
(i)

that, 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; and

(C)

that leverages private sector investment through energy-related performance contracting.

(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)(B)(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 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) 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.

(3) 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.

(4) 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—

(A)

the Energy Star program established under section 6294a of this title; or

(B)

the United States Green Building Council Leadership in Energy and Environmental Design (LEED) green building rating system for existing buildings.

(j) Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026.

Source credit: (Pub. L. 117–58, div. D, title V, § 40541, Nov. 15, 2021, 135 Stat. 1071.)

history & why it existsrecord from the source credit
  • 2021Enacted · Pub. L. 117-58 · 135 Stat. 1071

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-58 on 2021-11-15.

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