What This Bill Does
The bill directs the Secretary of Energy to create a grant program that gives money to communities to build clean energy microgrids (small-scale energy systems powered by renewable sources like solar and wind). The program focuses on helping environmental justice communities, which are areas with many people of color, low-income residents, or Native American communities that face pollution and health problems. (Sec. 2)
##
Who It Affects
- State and local governments
- Tribal agencies
- Electric utility companies
- Nonprofit organizations
- Private businesses
- Communities living near pollution sources
- Medical baseline customers (people with medical conditions requiring reliable electricity)
##
Key Provisions
- The Secretary of Energy must establish a grant program to provide money to eligible organizations for technical assistance, community outreach, and construction of clean energy microgrids that power important community buildings like schools, hospitals, and fire stations. (Sec. 2(a) and 2(b))
- Grants prioritize environmental justice communities first, then projects that are community-owned energy systems (owned by local government, nonprofits, community members, or worker-owned businesses). (Sec. 2(c))
- Eligible organizations must ensure that at least 40 percent of construction workers are hired from disadvantaged groups including people living nearby, displaced workers, veterans, people with disabilities, formerly incarcerated individuals, and those without high school diplomas. (Sec. 2(i))
- All iron, steel, and manufactured goods used in projects must be made in the United States, unless the Secretary of Energy waives this requirement for specific reasons including cost increases over 25 percent. (Sec. 2(g))
- Construction workers must receive prevailing wages (standard pay rates for similar work in that area) as determined by the Secretary of Labor. (Sec. 2(h))
- Individual project grants cannot exceed $10,000,000. (Sec. 2(f))
- The federal government covers 60 percent of typical project costs, but covers up to 90 percent of costs for projects in environmental justice communities. (Sec. 2(e))
##
What Changes
If enacted, this bill creates a new federal grant program that did not previously exist. Organizations can apply for money to study, plan, and build clean energy systems in their communities. The bill authorizes spending of $50,000,000 yearly for planning and technical help, and $1,500,000,000 yearly for actual construction projects, for fiscal years 2024 through 2033. At least 10 percent of construction funding must support community-owned energy systems. The Secretary of Energy must publish annual reports showing how many grants were given, where the money went, how many jobs were created, and what pollution was reduced.
##
Important Definitions
**Clean Energy** means electricity generated from solar, wind, geothermal, existing hydropower, micro-hydropower (small water systems producing 100 kilowatts or less), hydrokinetic (water movement), or hydrogen fuel cells. (Sec. 2(l)(1))
**Environmental Justice Community** means an area with significant numbers of people of color, low-income people, or Native American communities that experiences or risks experiencing greater pollution and health problems. (Sec. 2(l)(7))
**Low-Income Community** means a census block group where at least 30 percent of people earn annual household income at or below 80 percent of the area's median income, or 200 percent of the federal poverty line, whichever is greater. (Sec. 2(l)(8))
**Community-Owned Energy System** means an energy system owned by local government, a nonprofit in that area, community members collectively, or a worker-owned or community-owned business. (Sec. 2(l)(3))
**Critical Community Infrastructure** means essential community buildings and systems including schools, town halls, police and fire stations, hospitals, health clinics, community centers, libraries, grocery stores, water systems, homeless shelters, senior housing, and public or affordable housing. (Sec. 2(l)(5))
**Microgrid** means an interconnected system of clean energy sources, energy storage, and management tools that can operate independently or connect to the larger power grid, serves a defined area, and has a connection point with no more than 20 megawatts of capacity. (Sec. 2(l)(11))
**Medical Baseline Customer** means someone with special electricity needs due to medical conditions, including those needing motorized wheelchairs, ventilators, dialysis machines, apnea monitors, nebulizers, respirators, refrigerated medication, or air cleaning systems. (Sec. 2(l)(10))
**Eligible Entity** means a state, territory, tribal agency, local government, electric utility, nonprofit organization, or partnership between a private company or nonprofit and a government that owns critical community infrastructure. (Sec. 2(l)(6))
##
Effective Date
Not specified in bill text
I
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. BARRAGA´N (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. PIN-
GREE, Ms. SCANLON, Mr. BEYER, Mr. SCHIFF, Ms. JAYAPAL, Mr. GRI-
JALVA, Mr. FOSTER, Ms. PORTER, Ms. MATSUI, Mr. CASAR, Mr. COHEN,
Mr. KRISHNAMOORTHI, Ms. SA´NCHEZ, Ms. MENG, Ms. TOKUDA, Mr.
BLUMENAUER, Mr. CARTER of Louisiana, Ms. VELA´ZQUEZ, 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 deter-
mined 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 democ-
racy, and security of communities, prioritizing environ-
mental justice communities, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
VerDate Sep 11 2014
02:24 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H891.IH
H891
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 891 IH
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Energy Resilient Com-
2
munities Act’’.
3
SEC. 2. CLEAN ENERGY MICROGRID GRANT PROGRAM.
4
(a) IN GENERAL.—The Secretary of Energy shall es-
5
tablish and carry out a program to provide grants to eligi-
6
ble entities.
7
(b) USE OF FUNDS.—An eligible entity may use a
8
grant provided under the program established pursuant to
9
subsection (a) to—
10
(1) obtain technical assistance to—
11
(A) upgrade building codes and standards
12
for resiliency to climate change hazards (includ-
13
ing wildfires, flooding, sea level rise, landslides,
14
drought, storms, temperature extremes, and
15
other extreme weather events);
16
(B) develop a FEMA Hazard Mitigation
17
Plan to identify and overcome known climate
18
change hazards to critical community infra-
19
structure; or
20
(C) conduct a needs assessment of prospec-
21
tive clean energy microgrid projects and, as ap-
22
plicable,
design
prospective
clean
energy
23
microgrids, including assistance to address per-
24
mitting and siting challenges, understand and
25
facilitate financing options, and understand the
26
VerDate Sep 11 2014
02:24 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H891.IH
H891
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 891 IH
technical
characteristics
of
clean
energy
1
microgrids;
2
(2) provide community outreach and collabo-
3
rative planning with respect to a prospective project
4
described in paragraph (3); or
5
(3) carry out a project to develop and con-
6
struct—
7
(A) a clean energy microgrid that supports
8
critical community infrastructure; or
9
(B) a clean energy microgrid for residences
10
of medical baseline customers.
11
(c) PRIORITY.—
12
(1) IN GENERAL.—In providing grants under
13
the program established pursuant to subsection (a),
14
the Secretary of Energy shall give priority to an eli-
15
gible entity that proposes to use a grant to obtain
16
technical assistance described in subsection (b)(1),
17
provide outreach described in subsection (b)(2), or
18
carry out a project described in subsection (b)(3),
19
that will benefit an environmental justice commu-
20
nity.
21
(2) TECHNICAL ASSISTANCE AND COMMUNITY
22
OUTREACH
GRANTS.—After priority given under
23
paragraph (1), in providing grants to obtain tech-
24
nical assistance described in subsection (b)(1) or
25
VerDate Sep 11 2014
02:24 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H891.IH
H891
kjohnson on DSK79L0C42PROD with BILLS
4
•HR 891 IH
provide outreach described in subsection (b)(2), the
1
Secretary of Energy shall give priority to an eligible
2
entity proposing to obtain technical assistance or
3
provide outreach that the Secretary of Energy deter-
4
mines will further the development of clean energy
5
microgrids that are community-owned energy sys-
6
tems.
7
(3) CLEAN ENERGY MICROGRID GRANTS.—After
8
priority given under paragraph (1), in providing
9
grants under the program established pursuant to
10
subsection (a) for projects described in subsection
11
(b)(3), the Secretary of Energy shall give priority to
12
an eligible entity that—
13
(A) proposes to develop and construct a
14
clean energy microgrid that, in comparison to
15
other clean energy microgrids for which grants
16
are sought under such program, will result in
17
the greatest reduction—
18
(i) of greenhouse gas emissions;
19
(ii) of emissions of criteria air pollut-
20
ants;
21
(iii) in public health disparities in
22
communities experiencing a dispropor-
23
tionate level of air pollution; or
24
VerDate Sep 11 2014
02:24 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H891.IH
H891
kjohnson on DSK79L0C42PROD with BILLS
5
•HR 891 IH
(iv) in the energy cost burden for
1
communities;
2
(B) proposes to develop and construct a
3
clean energy microgrid that is a community-
4
owned energy system;
5
(C) proposes to develop and construct a
6
clean energy microgrid that, in comparison to
7
other clean energy microgrids for which grants
8
are sought under such program, will provide the
9
greatest amount of resiliency benefits to a juris-
10
diction in which the microgrid is located;
11
(D) proposes to develop and construct a
12
clean energy microgrid that minimizes land use
13
impacts by—
14
(i) siting sources of clean energy with-
15
in the already-built environment, including
16
over rooftops and parking lots;
17
(ii) siting sources of clean energy on
18
existing brownfield sites or contaminated
19
sites;
20
(iii) co-locating sources of clean en-
21
ergy on agricultural lands or over res-
22
ervoirs; or
23
(iv) siting sources of clean energy on
24
compatible lands;
25
VerDate Sep 11 2014
02:24 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H891.IH
H891
kjohnson on DSK79L0C42PROD with BILLS
6
•HR 891 IH
(E) proposes to, in developing and con-
1
structing a clean energy microgrid, utilize or in-
2
volve small businesses or nonprofits that pri-
3
marily operate or are located within environ-
4
mental justice communities, particularly those
5
that are women-owned and operated or minor-
6
ity-owned and operated;
7
(F) has previously received a grant to ob-
8
tain technical assistance under such program;
9
(G) imposes registered apprentice utiliza-
10
tion requirements on projects, provided that
11
such requirements comply with the apprentice
12
to journey worker ratios established by the De-
13
partment of Labor or the applicable State Ap-
14
prenticeship Agency; or
15
(H) proposes to develop and construct a
16
clean energy microgrid in an area designated
17
nonattainment and classified as an Extreme
18
Area or Severe Area for one or more criteria air
19
pollutants.
20
(d) EDUCATIONAL OUTREACH PROGRAM.—
21
(1) IN GENERAL.—Not later than 90 days after
22
funds are made available to carry out this section,
23
the Secretary of Energy shall develop and carry out
24
an educational outreach program to inform eligible
25
VerDate Sep 11 2014
02:24 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H891.IH
H891
kjohnson on DSK79L0C42PROD with BILLS
7
•HR 891 IH
entities about the program established pursuant to
1
subsection (a).
2
(2) CONTRACTS.—The Secretary of Energy
3
may enter into third-party contracts to implement
4
the educational outreach program under paragraph
5
(1). In entering into contracts pursuant to this para-
6
graph, the Secretary shall prioritize entering into
7
contracts with women-owned and operated or minor-
8
ity-owned and operated entities.
9
(3) PRIORITY.—The educational outreach pro-
10
gram under paragraph (1) shall prioritize—
11
(A) providing information on the program
12
established pursuant to subsection (a) to eligi-
13
ble entities that serve an environmental justice
14
community and to environmental justice com-
15
munities; and
16
(B) promoting public understanding of the
17
community benefits of clean energy microgrids
18
for critical community infrastructure.
19
(e) COST SHARE.—
20
(1) IN GENERAL.—Except as provided in para-
21
graph (2), the Federal share of the cost of technical
22
assistance, outreach, or a project for which a grant
23
is provided pursuant to the program established pur-
24
VerDate Sep 11 2014
02:24 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H891.IH
H891
kjohnson on DSK79L0C42PROD with BILLS
8
•HR 891 IH
suant to subsection (a) shall not exceed 60 percent
1
of such cost.
2
(2) ENVIRONMENTAL
JUSTICE
COMMUNITY.—
3
The Federal share of the cost of technical assistance
4
that is obtained for, outreach that is provided to, or
5
a project that is carried out in, an environmental
6
justice community, and for which a grant is provided
7
pursuant to the program established pursuant to
8
subsection (a) shall not exceed 90 percent of such
9
cost.
10
(f) LIMITATION
ON AMOUNT.—The amount of a
11
grant provided to an eligible entity under this section to
12
carry out a project described in subsection (b)(3) may not
13
exceed $10,000,000.
14
(g) USE OF AMERICAN IRON, STEEL, AND MANUFAC-
15
TURED GOODS.—
16
(1) No funds authorized under this section shall
17
be made available with respect to a project unless all
18
of the iron, steel, and manufactured goods used in
19
the project are produced in the United States.
20
(2) Paragraph (1) shall not apply in any case
21
or category of cases in which the Secretary of En-
22
ergy finds that—
23
(A) applying paragraph (1) would be in-
24
consistent with the public interest;
25
VerDate Sep 11 2014
02:24 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H891.IH
H891
kjohnson on DSK79L0C42PROD with BILLS
9
•HR 891 IH
(B) iron, steel, and the relevant manufac-
1
tured goods are not produced in the United
2
States in sufficient and reasonably available
3
quantities and of a satisfactory quality; or
4
(C) inclusion of iron, steel, and manufac-
5
tured goods produced in the United States will
6
increase the cost of the overall project by more
7
than 25 percent.
8
(3) If the Secretary of Energy receives a re-
9
quest for a waiver under this subsection, the Sec-
10
retary shall make available to the public on an infor-
11
mal basis a copy of the request and information
12
available to the Secretary concerning the request,
13
and shall allow for informal public input on the re-
14
quest for at least 15 days prior to making a finding
15
based on the request. The Secretary shall make the
16
request and accompanying information available by
17
electronic means, including on the official public
18
website of the Department of Energy.
19
(4) This subsection shall be applied in a man-
20
ner consistent with the United States obligations
21
under international agreements.
22
(h) PREVAILING WAGES.—All laborers and mechan-
23
ics employed by contractors or subcontractors in the per-
24
formance of construction, alteration, or repair work as-
25
VerDate Sep 11 2014
02:24 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H891.IH
H891
kjohnson on DSK79L0C42PROD with BILLS
10
•HR 891 IH
sisted, in whole or in part, by a grant under this section
1
shall be paid wages at rates not less than those prevailing
2
on similar construction in the locality as determined by
3
the Secretary of Labor in accordance with subchapter IV
4
of chapter 31 of title 40, United States Code. With respect
5
to the labor standards in this subsection, the Secretary
6
of Labor shall have the authority and functions set forth
7
in Reorganization Plan Numbered 14 of 1950 (64 Stat.
8
1267; 5 U.S.C. App.) and section 3145 of title 40, United
9
States Code.
10
(i) PROJECT LABOR.—An eligible entity that uses a
11
grant provided under this section to construct a clean en-
12
ergy microgrid shall ensure, to the greatest extent prac-
13
ticable, that any subgrantee of such eligible entity, and
14
any subgrantee thereof, that carries out such construction
15
employs at least 40 percent of laborers or mechanics for
16
such construction that are individuals who—
17
(1) are domiciled, if the applicable construction
18
area is—
19
(A) a major urban area, not further than
20
15 miles from such construction area; or
21
(B) not a major urban area, not further
22
than 50 miles from such construction area;
23
(2) are displaced and unemployed energy work-
24
ers;
25
VerDate Sep 11 2014
02:24 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H891.IH
H891
kjohnson on DSK79L0C42PROD with BILLS
11
•HR 891 IH
(3) are members of the Armed Forces serving
1
on active duty, separated from active duty, or retired
2
from active duty;
3
(4) have been incarcerated or served time in a
4
juvenile or adult detention or correctional facility, or
5
been placed on probation, community supervision, or
6
in a diversion scheme;
7
(5) have a disability;
8
(6) are homeless;
9
(7) are receiving public assistance;
10
(8) lack a general education diploma or high
11
school diploma;
12
(9) are emancipated from the foster care sys-
13
tem;
14
(10) reside or work in an environmental justice
15
community; or
16
(11) are registered apprentices with fewer than
17
15 percent of the required graduating apprentice
18
hours in a program.
19
(j) REPORTS.—The Secretary of Energy shall submit
20
to Congress, and make available on the public website of
21
the Department of Energy, an annual report on the pro-
22
gram established pursuant to subsection (a) that includes,
23
with respect to the previous year—
24
(1) the number of grants provided;
25
VerDate Sep 11 2014
02:24 Mar 04, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H891.IH
H891
kjohnson on DSK79L0C42PROD with BILLS
12
•HR 891 IH
(2) the total dollar amount of all grants pro-
1
vided;
2
(3) a list of grant disbursements by State;
3
(4) for each grant provided—
4
(A) a description of the technical assist-
5
ance obtained, outreach provided, or project
6
carried out with grants funds; and
7
(B) whether the grant is provided to o
[Text truncated for display. Full text available on Congress.gov.]