Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
I
117TH CONGRESS
1ST SESSION H. R. 3607
To support and fund the Federal procurement of clean energy products,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 28, 2021
Mr. LEVIN of Michigan (for himself, Mr. HUFFMAN, and Mr. BRENDAN F.
BOYLE of Pennsylvania) introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the Com-
mittees on Oversight and Reform, and Transportation and Infrastructure,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To support and fund the Federal procurement of clean
energy products, 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
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Buy Green Act of
4
2021’’.
5
SEC. 2. DEFINITIONS.
6
In this Act:
7
VerDate Sep 11 2014
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 3607 IH
(1)
APPROPRIATE
COMMITTEES
OF
CON-
1
GRESS.—The term ‘‘appropriate committees of Con-
2
gress’’ means—
3
(A) the Committee on Commerce, Science,
4
and Transportation of the Senate;
5
(B) the Committee on Environment and
6
Public Works of the Senate;
7
(C) the Committee on Transportation and
8
Infrastructure of the House of Representatives;
9
and
10
(D) the Committee on Energy and Com-
11
merce of the House of Representatives.
12
(2) CLEAN POWER.—The term ‘‘clean power’’
13
means power derived from a renewable energy
14
source.
15
(3) COVERED PRODUCT.—
16
(A) IN
GENERAL.—The term ‘‘covered
17
product’’ means—
18
(i) energy—
19
(I) used to power a facility; and
20
(II) the production of which
21
comes
from
a
renewable
energy
22
source; and
23
(ii) a product that—
24
VerDate Sep 11 2014
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 3607 IH
(I) is produced or manufac-
1
tured—
2
(aa) in the United States
3
(including the territories of the
4
United States);
5
(bb) in accordance with all
6
relevant energy efficiency, envi-
7
ronmental preference, and safety
8
designations; and
9
(cc) by an entity that com-
10
plies with the labor requirements
11
under section 6; and
12
(II) reduces energy usage during
13
the lifecycle of the product by—
14
(aa)
minimizing
energy,
15
water, or material resources asso-
16
ciated with the product;
17
(bb) increasing opportunities
18
for reuse and recycling due to the
19
durability or repairability of the
20
product; and
21
(cc)
improving
environ-
22
mental and human health im-
23
pacts.
24
VerDate Sep 11 2014
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
4
•HR 3607 IH
(B)
INCLUSIONS.—The
term
‘‘covered
1
product’’ includes a product described in sub-
2
paragraph (A)(ii) that—
3
(i) is a zero-emission vehicle or a non-
4
motorized alternative mode of transpor-
5
tation;
6
(ii) is a zero-emission form of public
7
transportation, including high-speed rail;
8
(iii) is a product or low-carbon mate-
9
rial used to design, construct, or retrofit
10
buildings, including a product bearing the
11
Green Seal certification;
12
(iv) improves the energy efficiency
13
measures of facilities to make facilities en-
14
vironmentally responsible;
15
(v) is a product used to maintain or
16
clean buildings;
17
(vi) is an appliance certified under the
18
Energy Star program established under
19
section 324A of the Energy Policy and
20
Conservation Act (42 U.S.C. 6294a);
21
(vii) is an electronics product bearing
22
the EPEAT certification; or
23
(viii) is an energy-storage technology.
24
VerDate Sep 11 2014
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
5
•HR 3607 IH
(4) COVERED
SMALL
BUSINESS.—The term
1
‘‘covered small business’’ means—
2
(A) a small business concern owned and
3
controlled by socially and economically dis-
4
advantaged individuals (as defined in section
5
8(d)(3)(C) of the Small Business Act (15
6
U.S.C. 637(d)(3)(C)));
7
(B) a small business concern owned and
8
controlled by women (as defined in section 3 of
9
that Act (15 U.S.C. 632)); and
10
(C) a small business concern owned and
11
controlled by veterans (as defined in section 3
12
of that Act (15 U.S.C. 632)).
13
(5) ELIGIBLE MATERIAL.—The term ‘‘eligible
14
material’’ means a material for which the Secretary
15
establishes a maximum global warming potential
16
under section 4(b).
17
(6) ENVIRONMENTALLY
RESPONSIBLE.—The
18
term ‘‘environmentally responsible’’, with respect to
19
a facility or manufacturing capability, means that—
20
(A) the facility or manufacturing capability
21
is in compliance with, or carried out in accord-
22
ance with, as applicable, all relevant energy effi-
23
ciency, environmental preference, and safety
24
designations; and
25
VerDate Sep 11 2014
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
6
•HR 3607 IH
(B) in the case of a facility, the facility is
1
built or retrofitted with materials that minimize
2
the use of—
3
(i) energy;
4
(ii) water; and
5
(iii) material resources that produce
6
pollutants or toxins, as determined by the
7
Secretary.
8
(7) FEDERAL BUILDING.—The term ‘‘Federal
9
building’’ has the meaning given the term in section
10
551 of the National Energy Conservation Policy Act
11
(42 U.S.C. 8259).
12
(8) FRONTLINE, VULNERABLE, AND DISADVAN-
13
TAGED COMMUNITY.—The term ‘‘frontline, vulner-
14
able, and disadvantaged community’’ means a com-
15
munity—
16
(A) in an area described in section 301(a)
17
of the Public Works and Economic Develop-
18
ment Act of 1965 (42 U.S.C. 3161(a)); and
19
(B) in which climate change, pollution, or
20
environmental destruction have exacerbated sys-
21
temic racial, regional, social, environmental,
22
gender, and economic injustices by dispropor-
23
tionately affecting Black, Brown, and Indige-
24
nous peoples, other communities of color, mi-
25
VerDate Sep 11 2014
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
7
•HR 3607 IH
grant communities, deindustrialized commu-
1
nities, depopulated rural communities, the poor,
2
low-income workers, women, the elderly, the
3
unhoused, people with disabilities, or youth.
4
(9) FUND.—The term ‘‘Fund’’ means the Clean
5
Energy Fund established under section 3(a).
6
(10) GLOBAL WARMING POTENTIAL.—The term
7
‘‘global warming potential’’, with respect to an eligi-
8
ble material, means a measure that indicates how
9
much energy the emissions of 1 ton of gases associ-
10
ated with the lifecycle of that eligible material, in-
11
cluding the manufacture, use, and disposal of that
12
eligible material, will absorb, on average, over a
13
given period of time, relative to the emissions of 1
14
ton of carbon dioxide.
15
(11) OVERSIGHT ADVISORY BOARD.—The term
16
‘‘Oversight Advisory Board’’ means the Green Pro-
17
curement Oversight Advisory Board established
18
under section 7.
19
(12) RENEWABLE ENERGY SOURCE.—The term
20
‘‘renewable energy source’’ means energy generated
21
from a renewable source, including the following re-
22
newable energy sources:
23
(A) Solar, including electricity.
24
(B) Wind.
25
VerDate Sep 11 2014
23:32 Jul 07, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
8
•HR 3607 IH
(C) Ocean, including tidal, wave, current,
1
and thermal.
2
(D) Geothermal, including electricity and
3
heat pumps.
4
(E)
Hydroelectric
generation
capacity
5
achieved from increased efficiency or additions
6
of new capacity at an existing hydroelectric
7
project that was placed in service on or after
8
January 1, 1999.
9
(F) Hydrogen derived from a renewable
10
source of energy.
11
(G) Thermal energy generated by any of
12
the sources described in subparagraphs (A)
13
through (F).
14
(13)
SECRETARY.—The
term
‘‘Secretary’’
15
means the Secretary of Energy.
16
(14) SMALL BUSINESS.—The term ‘‘small busi-
17
ness’’ has the meaning given the term ‘‘small busi-
18
ness concern’’ in section 3 of the Small Business Act
19
(15 U.S.C. 632).
20
SEC. 3. CLEAN ENERGY FUND.
21
(a) IN GENERAL.—Not later than January 1, 2023,
22
the Secretary shall establish a fund in the Department of
23
Energy, to be known as the ‘‘Clean Energy Fund’’.
24
(b) USE OF FUND.—
25
VerDate Sep 11 2014
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
9
•HR 3607 IH
(1) IN GENERAL.—The Secretary shall—
1
(A) use amounts in the Fund—
2
(i) to purchase covered products for
3
use by the Secretary, including covered
4
products relating to information technology
5
and general supplies and services, in ac-
6
cordance with subsection (g) and section 5;
7
(ii) to establish and carry out the
8
grant programs under subsections (c) and
9
(d); and
10
(iii) to carry out the Federal building
11
activities described in subsection (e); and
12
(B) transfer amounts from the Fund—
13
(i) to 1 or more Federal agencies (ex-
14
cluding the Department of Defense)—
15
(I) to purchase covered products
16
for use by the Federal agency, in ac-
17
cordance with subsection (g) and sec-
18
tion 5; and
19
(II) to carry out the Federal
20
building activities described in sub-
21
section (e); and
22
(ii) to the Administrator of General
23
Services to carry out subsection (f).
24
VerDate Sep 11 2014
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
10
•HR 3607 IH
(2) PURCHASES FROM SMALL BUSINESSES.—Of
1
the amounts from the Fund made available to a
2
Federal agency in a fiscal year, the head of the Fed-
3
eral agency shall ensure that not less than 20 per-
4
cent is used to purchase covered products from small
5
businesses and covered small businesses.
6
(c) STATE, TRIBAL, AND
LOCAL
GOVERNMENT
7
GRANT PROGRAM.—
8
(1) IN GENERAL.—Not later than January 1,
9
2023, the Secretary, in coordination with the Sec-
10
retary of the Treasury, shall establish a green pro-
11
curement grant program under which the Secretary
12
shall provide grants on a competitive basis to States,
13
Indian Tribes, and units of local government to pur-
14
chase covered products for use by the State, Indian
15
Tribe, or unit of local government, as applicable, in
16
accordance with subsection (g), section 5, and the
17
labor requirements under section 6.
18
(2) SELECTION OF GRANT RECIPIENTS.—The
19
Secretary shall—
20
(A) share with the Oversight Advisory
21
Board applications received under the grant
22
program established under paragraph (1); and
23
(B) in coordination with the Secretary of
24
the Treasury, select grant recipients under that
25
VerDate Sep 11 2014
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
11
•HR 3607 IH
program after receiving the recommendations of
1
the Oversight Advisory Board relating to grant
2
recipients.
3
(3)
DISTRIBUTION
OF
GRANTS.—Of
the
4
amounts available in the Fund in a fiscal year to
5
carry out the program under paragraph (1), the Sec-
6
retary shall ensure that—
7
(A) not less than 60 percent but not more
8
than 65 percent of the amount of a grant
9
awarded to a State, Indian Tribe, or unit of
10
local government shall be used to purchase cov-
11
ered products for use in urban areas located in
12
or under the jurisdiction of the State, Indian
13
Tribe, or unit of local government, as applica-
14
ble;
15
(B) not less than 40 percent of the amount
16
of a grant awarded to a State, Indian Tribe, or
17
unit of local government shall be used to pur-
18
chase covered products for use in frontline, vul-
19
nerable, and disadvantaged communities located
20
in or under the jurisdiction of the State, Indian
21
Tribe, or unit of local government, as applica-
22
ble; and
23
(C) not less than 20 percent of the amount
24
of a grant awarded to a State, Indian Tribe, or
25
VerDate Sep 11 2014
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
12
•HR 3607 IH
unit of local government shall be used to pur-
1
chase covered products from small businesses
2
and covered small businesses.
3
(4) PRIORITY FOR SCHOOL BUS ELECTRIFICA-
4
TION.—In providing grants under paragraph (1), the
5
Secretary shall give priority to States, Indian Tribes,
6
and units of local government that will use the grant
7
for the electrification of school buses in frontline,
8
vulnerable, and disadvantaged communities and sub-
9
sequently in all other communities located in or
10
under the jurisdiction of the State, Indian Tribe, or
11
unit of local government, as applicable.
12
(5) DURATION
OF
GRANT.—Funds provided
13
under a grant under paragraph (1) shall be available
14
to the State, Indian Tribe, or unit of local govern-
15
ment receiving the grant for not less than 3 years
16
after the date on which the funds are provided.
17
(d) INDUSTRY GRANTS.—
18
(1) DEFINITIONS.—In this subsection:
19
(A) ELIGIBLE ENTITY.—
20
(i) IN GENERAL.—The term ‘‘eligible
21
entity’’ means a company that—
22
(I) is organized under the laws of
23
the United States or any jurisdiction
24
within the United States; or
25
VerDate Sep 11 2014
05:35 Jun 24, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3607.IH
H3607
kjohnson on DSK79L0C42PROD with BILLS
13
•HR 3607 IH
(II) is otherwise subject to the
1
jurisdiction of the United States.
2
(ii) EXCLUSION.—The term ‘‘eligible
3
entity’’ does not include a foreign branch
4
of a company described in clause (i).
5
(B) GREENHOUSE
GAS
EMISSIONS.—The
6
term ‘‘greenhouse gas emissions’’ means emis-
7
sions of any of the following gases:
8
(i) Carbon dioxide.
9
(ii) Methane.
10
(iii) Nitrous oxide.
11
(iv) Hydrofluorocarbons.
12
(v) Perfluorocarbons.
13
(vi) Sulfur hexafluoride.
14
(vii) Nitrogen trifluoride.
15
(2) ESTABLISHMENT.—Not later than January
16
1, 2022, the Secretary shall establish a program
17
under which the Secretary shall provide grants, on
18
a competitive basis, to eligible entities—
19
(A) to retrofit or otherwise upgrade facili-
20
ties that produce covered products, including to
21
make those facilities environmentally respon-
22
sible; and
23
(B) for the development of environmenta
[Text truncated for display. Full text available on Congress.gov.]
Important: This plain English summary was generated by AI and is provided for informational purposes only.
It is not legal advice. Always consult the official bill text on Congress.gov
or a qualified attorney for legal matters.