Renew America’s Schools Act of 2021

II 117TH CONGRESS 1ST SESSION S. 694 To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy improvements at public school facili- ties, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 10, 2021 Ms. CORTEZ MASTO (for herself, Ms. COLLINS, Mr. HEINRICH, Ms. MUR- KOWSKI, Mr. MERKLEY, Ms. HIRONO, and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy im- provements at public school facilities, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Renew America’s 4 Schools Act of 2021’’. 5 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S694.IS S694 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 694 IS SEC. 2. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS 1 AND RENEWABLE ENERGY IMPROVEMENTS 2 AT PUBLIC SCHOOL FACILITIES. 3 (a) DEFINITIONS.—In this section: 4 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 5 ty’’ means a consortium of— 6 (A) 1 local educational agency; and 7 (B) 1 or more— 8 (i) schools; 9 (ii) nonprofit organizations; 10 (iii) for-profit organizations; or 11 (iv) community partners that have the 12 knowledge and capacity to partner and as- 13 sist with energy improvements. 14 (2) ENERGY IMPROVEMENT.—The term ‘‘en- 15 ergy improvement’’ means— 16 (A) any improvement, repair, or renovation 17 to a school that results in a direct reduction in 18 school energy costs, including improvements to 19 the envelope, air conditioning system, ventila- 20 tion system, heating system, domestic hot water 21 heating system, compressed air system, dis- 22 tribution system, lighting system, power system, 23 and controls of a building; 24 (B) any improvement, repair, or renovation 25 to, or installation in, a school that leads to an 26 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S694.IS S694 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 694 IS improvement in teacher and student health, in- 1 cluding indoor air quality, daylighting, ventila- 2 tion, electrical lighting, windows, roofing (in- 3 cluding green roofs), outdoor gardens, and 4 acoustics; 5 (C) any improvement, repair, or renovation 6 to a school involving the installation of renew- 7 able energy technologies (such as wind power, 8 photovoltaics, solar thermal systems, geo- 9 thermal energy, hydrogen-fueled systems, bio- 10 mass-based systems, biofuels, anaerobic digest- 11 ers, and hydropower); 12 (D) the installation of zero-emissions vehi- 13 cle infrastructure on school grounds for— 14 (i) exclusive use of school buses, 15 school fleets, or students; or 16 (ii) the general public; and 17 (E) the purchase or lease of zero-emissions 18 vehicles to be used by a school, including school 19 buses, fleet vehicles, and other operational vehi- 20 cles. 21 (3) HIGH SCHOOL.—The term ‘‘high school’’ 22 has the meaning given the term in section 8101 of 23 the Elementary and Secondary Education Act of 24 1965 (20 U.S.C. 7801). 25 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S694.IS S694 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 694 IS (4) LOCAL EDUCATIONAL AGENCY.—The term 1 ‘‘local educational agency’’ has the meaning given 2 the term in section 8101 of the Elementary and Sec- 3 ondary Education Act of 1965 (20 U.S.C. 7801). 4 (5) PARTNERING LOCAL EDUCATIONAL AGEN- 5 CY.—The term ‘‘partnering local educational agen- 6 cy’’, with respect to an eligible entity, means the 7 local educational agency participating in the consor- 8 tium of the eligible entity. 9 (6) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of Energy. 11 (7) ZERO-EMISSIONS VEHICLE INFRASTRUC- 12 TURE.—The term ‘‘zero-emissions vehicle infrastruc- 13 ture’’ means infrastructure used to charge or fuel— 14 (A) a zero-emission vehicle (as defined in 15 section 88.102–94 of title 40, Code of Federal 16 Regulations (or successor regulation)); or 17 (B) a vehicle that produces zero exhaust 18 emissions of any criteria pollutant (or precursor 19 pollutant) or greenhouse gas under any possible 20 operational mode or condition. 21 (b) GRANTS.—The Secretary shall award competitive 22 grants to eligible entities to make energy improvements 23 in accordance with this section. 24 (c) APPLICATIONS.— 25 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S694.IS S694 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 694 IS (1) IN GENERAL.—An eligible entity desiring a 1 grant under this section shall submit to the Sec- 2 retary an application at such time, in such manner, 3 and containing such information as the Secretary 4 may require. 5 (2) CONTENTS.—The application submitted 6 under paragraph (1) shall include each of the fol- 7 lowing: 8 (A) A needs assessment of the current con- 9 dition of the school and school facilities that 10 will receive the energy improvements. 11 (B) A draft work plan of the intended 12 achievements of the eligible entity at the school. 13 (C) A description of the energy improve- 14 ments that the eligible entity will carry out at 15 the school. 16 (D) A description of the capacity of the eli- 17 gible entity to provide services and comprehen- 18 sive support to make the energy improvements 19 referred to in subparagraph (C). 20 (E) An assessment of the expected needs 21 of the eligible entity for operation and mainte- 22 nance training funds, and a plan for use of 23 those funds, if applicable. 24 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S694.IS S694 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 694 IS (F) An assessment of the expected energy 1 efficiency and safety benefits of the energy im- 2 provements. 3 (G) A cost estimate of the proposed energy 4 improvements. 5 (H) An identification of other resources 6 that are available to carry out the activities for 7 which grant funds are requested under this sec- 8 tion, including the availability of utility pro- 9 grams and public benefit funds. 10 (d) PRIORITY.— 11 (1) IN GENERAL.—In awarding grants under 12 this section, the Secretary shall give priority to an 13 eligible entity— 14 (A) that has renovation, repair, and im- 15 provement funding needs; and 16 (B)(i) that, as determined by the Sec- 17 retary, serves a high percentage of students, in- 18 cluding students in a high school in accordance 19 with paragraph (2), who are eligible for a free 20 or reduced price lunch under the Richard B. 21 Russell National School Lunch Act (42 U.S.C. 22 1751 et seq.); or 23 (ii) the partnering local educational agency 24 of which is designated with a school district lo- 25 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S694.IS S694 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 694 IS cale code of 41, 42, or 43, as determined by the 1 National Center for Education Statistics in con- 2 sultation with the Bureau of the Census. 3 (2) HIGH SCHOOL STUDENTS.—In the case of 4 students in a high school, the percentage of students 5 eligible for a free or reduced price lunch described 6 in paragraph (1)(B)(i) shall be calculated using data 7 from the schools that feed into the high school. 8 (e) COMPETITIVE CRITERIA.—The competitive cri- 9 teria used by the Secretary to award grants under this 10 section shall include the following: 11 (1) The extent of the disparity between the fis- 12 cal capacity of the eligible entity to carry out energy 13 improvements at school facilities and the needs of 14 the partnering local educational agency for those en- 15 ergy improvements, including consideration of— 16 (A) the current and historic ability of the 17 partnering local educational agency to raise 18 funds for construction, renovation, moderniza- 19 tion, and major repair projects for schools; 20 (B) the ability of the partnering local edu- 21 cational agency to issue bonds or receive other 22 funds to support the current infrastructure 23 needs of the partnering local educational agency 24 for schools; and 25 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S694.IS S694 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 694 IS (C) the bond rating of the partnering local 1 educational agency. 2 (2) The likelihood that the partnering local edu- 3 cational agency or eligible entity will maintain, in 4 good condition, any school and school facility that is 5 the subject of improvements. 6 (3) The potential energy efficiency and safety 7 benefits from the proposed energy improvements. 8 (f) USE OF GRANT AMOUNTS.— 9 (1) IN GENERAL.—Except as provided in this 10 subsection, an eligible entity receiving a grant under 11 this section shall use the grant amounts only to 12 make the energy improvements described in the ap- 13 plication submitted by the eligible entity under sub- 14 section (c). 15 (2) OPERATION AND MAINTENANCE TRAIN- 16 ING.—An eligible entity receiving a grant under this 17 section may use not more than 5 percent of the 18 grant amounts for operation and maintenance train- 19 ing for energy efficiency and renewable energy im- 20 provements, such as maintenance staff and teacher 21 training, education, and preventative maintenance 22 training. 23 (3) THIRD-PARTY INVESTIGATION AND ANAL- 24 YSIS.—An eligible entity receiving a grant under this 25 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S694.IS S694 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 694 IS section may use a portion of the grant amounts for 1 a third-party investigation and analysis of the en- 2 ergy improvements carried out by the eligible entity, 3 such as energy audits and existing building commis- 4 sioning. 5 (4) CONTINUING EDUCATION.—An eligible enti- 6 ty receiving a grant under this section may use not 7 more than 3 percent of the grant amounts to develop 8 a continuing education curriculum relating to energy 9 improvements. 10 (g) COMPETITION IN CONTRACTING.—If an eligible 11 entity receiving a grant under this section uses grant 12 funds to carry out repair or renovation through a contract, 13 the eligible entity shall be required to ensure that the con- 14 tract process— 15 (1) through full and open competition, ensures 16 the maximum practicable number of qualified bid- 17 ders, including small, minority, and women-owned 18 businesses; and 19 (2) gives priority to businesses located in, or re- 20 sources common to, the State or geographical area 21 in which the repair or renovation under the contract 22 will be carried out. 23 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S694.IS S694 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 694 IS (h) BEST PRACTICES.—The Secretary shall develop 1 and publish guidelines and best practices for activities car- 2 ried out under this section. 3 (i) REPORT BY ELIGIBLE ENTITY.—An eligible entity 4 receiving a grant under this section shall submit to the 5 Secretary, at such time as the Secretary may require, a 6 report describing— 7 (1) the use of the grant funds for energy im- 8 provements; 9 (2) the estimated cost savings realized by those 10 energy improvements; 11 (3) the results of any third-party investigation 12 and analysis conducted relating to those energy im- 13 provements; 14 (4) the use of any utility programs and public 15 benefit funds; and 16 (5) the use of performance tracking for energy 17 improvements, such as the Energy Star program es- 18 tablished under section 324A or the United States 19 Green Building Council Leadership in Energy and 20 Environmental Design (LEED) green building rat- 21 ing system for existing buildings. 22 (j) WAGE RATE REQUIREMENTS.— 23 (1) DAVIS-BACON.—Any laborer or mechanic 24 employed by any contractor or subcontractor in the 25 VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S694.IS S694 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 694 IS performance of work on any energy improvements 1 funded by a grant under this section shall be paid 2 wages at rates not less than those prevailing on 3 similar construction in the locality as determined by 4 the Secretary of Labor under subchapter IV of chap- 5 ter 31 of title 40, United States Code (commonly re- 6 ferred to as the ‘‘Davis-Bacon Act’’). 7 (2) AUTHORITY.—With respect to the labor 8 standards specified in paragraph (1), the Secretary 9 of Labor shall have the authority and functions set 10 forth in Reorganization Plan Numbered 14 of 1950 11 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 12 title 40, United States Code. 13 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 14 authorized to be appropriated to carry out this section 15 $100,000,000 for each of fiscal years 2021 through 2025. 16 Æ VerDate Sep 11 2014 18:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S694.IS S694 pamtmann on DSKBC07HB2PROD with BILLS