119-hr1449

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1449 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1449

 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 21, 2025

 Ms. Barragan (for herself, Ms. Clarke of New York, Mr. Johnson of 
 Georgia, Mr. Cleaver, Mr. Carson, Mr. Carter of Louisiana, Ms. 
Bonamici, Mr. Khanna, Ms. Tlaib, Mr. Cohen, Mr. Tonko, Mr. Mullin, Ms. 
 Norton, Mr. Nadler, Ms. Stansbury, Ms. Jayapal, Ms. Scanlon, Mr. 
Grijalva, Mr. Case, Mr. Huffman, Mr. Moskowitz, Ms. Tokuda, Ms. Ocasio-
 Cortez, Mr. Quigley, Mr. Thanedar, Ms. Salinas, Ms. Pingree, Mr. 
 Olszewski, Ms. Castor of Florida, Ms. Ansari, and Ms. Matsui) 
 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 determined 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 democracy, and security of 
 communities, prioritizing environmental justice communities, and for 
 other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Energy Resilient Communities Act''.

SEC. 2. CLEAN ENERGY MICROGRID GRANT PROGRAM.

    (a) In General.--The Secretary of Energy shall establish and carry 
out a program to provide grants to eligible entities.

    (b) Use of Funds.--An eligible entity may use a grant provided 
under the program established pursuant to subsection

    (a) to--

    (1) obtain technical assistance to--
        (A) upgrade building codes and standards for 
 resiliency to climate change hazards (including 
 wildfires, flooding, sea level rise, landslides, 
 drought, storms, temperature extremes, and other 
 extreme weather events);
        (B) develop a FEMA Hazard Mitigation Plan to 
 identify and overcome known climate change hazards to 
 critical community infrastructure; or
            (C) conduct a needs assessment of prospective clean 
 energy microgrid projects and, as applicable, design 
 prospective clean energy microgrids, including 
 assistance to address permitting and siting challenges, 
 understand and facilitate financing options, and 
 understand the technical characteristics of clean 
 energy microgrids;

    (2) provide community outreach and collaborative planning 
 with respect to a prospective project described in paragraph

    (3) ; or

    (3) carry out a project to develop and construct--
        (A) a clean energy microgrid that supports critical 
 community infrastructure; or
        (B) a clean energy microgrid for residences of 
 medical baseline customers.
            (c) Priority.--

    (1) In general.--In providing grants under the program 
 established pursuant to subsection

    (a) , the Secretary of Energy 
 shall give priority to an eligible entity that proposes to use 
 a grant to obtain technical assistance described in subsection

    (b)

    (1) , provide outreach described in subsection

    (b)

    (2) , or 
 carry out a project described in subsection

    (b)

    (3) , that will 
 benefit an environmental justice community.

    (2) Technical assistance and community outreach grants.--
 After priority given under paragraph

    (1) , in providing grants 
 to obtain technical assistance described in subsection

    (b)

    (1) or provide outreach described in subsection

    (b)

    (2) , the 
 Secretary of Energy shall give priority to an eligible entity 
 proposing to obtain technical assistance or provide outreach 
 that the Secretary of Energy determines will further the 
 development of clean energy microgrids that are community-owned 
 energy systems.

    (3) Clean energy microgrid grants.--After priority given 
 under paragraph

    (1) , in providing grants under the program 
 established pursuant to subsection

    (a) for projects described 
 in subsection

    (b)

    (3) , the Secretary of Energy shall give 
 priority to an eligible entity that--
        (A) proposes to develop and construct a clean 
 energy microgrid that, in comparison to other clean 
 energy microgrids for which grants are sought under 
 such program, will result in the greatest reduction--
            (i) of greenhouse gas emissions;
            (ii) of emissions of criteria air 
 pollutants;
            (iii) in public health disparities in 
 communities experiencing a disproportionate 
 level of air pollution; or
            (iv) in the energy cost burden for 
 communities;
        (B) proposes to develop and construct a clean 
 energy microgrid that is a community-owned energy 
 system;
            (C) proposes to develop and construct a clean 
 energy microgrid that, in comparison to other clean 
 energy microgrids for which grants are sought under 
 such program, will provide the greatest amount of 
 resiliency benefits to a jurisdiction in which the 
 microgrid is located;
            (D) proposes to develop and construct a clean 
 energy microgrid that minimizes land use impacts by--
            (i) siting sources of clean energy within 
 the already-built environment, including over 
 rooftops and parking lots;
            (ii) siting sources of clean energy on 
 existing brownfield sites or contaminated 
 sites;
            (iii) co-locating sources of clean energy 
 on agricultural lands or over reservoirs; or
            (iv) siting sources of clean energy on 
 compatible lands;
        (E) proposes to, in developing and constructing a 
 clean energy microgrid, utilize or involve small 
 businesses or nonprofits that primarily operate or are 
 located within environmental justice communities, 
 particularly those that are women-owned and operated or 
 minority-owned and operated;
        (F) has previously received a grant to obtain 
 technical assistance under such program;
        (G) imposes registered apprentice utilization 
 requirements on projects, provided that such 
 requirements comply with the apprentice to journey 
 worker ratios established by the Department of Labor or 
 the applicable State Apprenticeship Agency; or
        (H) proposes to develop and construct a clean 
 energy microgrid in an area designated nonattainment 
 and classified as an Extreme Area or Severe Area for 
 one or more criteria air pollutants.
            (d) Educational Outreach Program.--

    (1) In general.--Not later than 90 days after funds are 
 made available to carry out this section, the Secretary of 
 Energy shall develop and carry out an educational outreach 
 program to inform eligible entities about the program 
 established pursuant to subsection

    (a) .

    (2) Contracts.--The Secretary of Energy may enter into 
 third-party contracts to implement the educational outreach 
 program under paragraph

    (1) . In entering into contracts 
 pursuant to this paragraph, the Secretary shall prioritize 
 entering into contracts with women-owned and operated or 
 minority-owned and operated entities.

    (3) Priority.--The educational outreach program under 
 paragraph

    (1) shall prioritize--
        (A) providing information on the program 
 established pursuant to subsection

    (a) to eligible 
 entities that serve an environmental justice community 
 and to environmental justice communities; and
        (B) promoting public understanding of the community 
 benefits of clean energy microgrids for critical 
 community infrastructure.

    (e) Cost Share.--

    (1) In general.--Except as provided in paragraph

    (2) , the 
 Federal share of the cost of technical assistance, outreach, or 
 a project for which a grant is provided pursuant to the program 
 established pursuant to subsection

    (a) shall not exceed 60 
 percent of such cost.

    (2) Environmental justice community.--The Federal share of 
 the cost of technical assistance that is obtained for, outreach 
 that is provided to, or a project that is carried out in, an 
 environmental justice community, and for which a grant is 
 provided pursuant to the program established pursuant to 
 subsection

    (a) shall not exceed 90 percent of such cost.

    (f) Limitation on Amount.--The amount of a grant provided to an 
eligible entity under this section to carry out a project described in 
subsection

    (b)

    (3) may not exceed $10,000,000.

    (g) Use of American Iron, Steel, and Manufactured Goods.--

    (1) No funds authorized under this section shall be made 
 available with respect to a project unless all of the iron, 
 steel, and manufactured goods used in the project are produced 
 in the United States.

    (2) Paragraph

    (1) shall not apply in any case or category 
 of cases in which the Secretary of Energy finds that--
        (A) applying paragraph

    (1) would be inconsistent 
 with the public interest;
        (B) iron, steel, and the relevant manufactured 
 goods are not produced in the United States in 
 sufficient and reasonably available quantities and of a 
 satisfactory quality; or
            (C) inclusion of iron, steel, and manufactured 
 goods produced in the United States will increase the 
 cost of the overall project by more than 25 percent.

    (3) If the Secretary of Energy receives a request for a 
 waiver under this subsection, the Secretary shall make 
 available to the public on an informal basis a copy of the 
 request and information available to the Secretary concerning 
 the request, and shall allow for informal public input on the 
 request for at least 15 days prior to making a finding based on 
 the request. The Secretary shall make the request and 
 accompanying information available by electronic means, 
 including on the official public website of the Department of 
 Energy.

    (4) This subsection shall be applied in a manner consistent 
 with the United States obligations under international 
 agreements.

    (h) Prevailing Wages.--All laborers and mechanics employed by 
contractors or subcontractors in the performance of construction, 
alteration, or repair work assisted, in whole or in part, by a grant 
under this section shall be paid wages at rates not less than those 
prevailing on similar construction in the locality as determined by the 
Secretary of Labor in accordance with subchapter IV of chapter 31 of 
title 40, United States Code. With respect to the labor standards in 
this subsection, the Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 (64 
Stat. 1267; 5 U.S.C. App.) and 

section 3145 of title 40, United States 
Code.
            (i) Project Labor.--An eligible entity that uses a grant provided 
under this section to construct a clean energy microgrid shall ensure, 
to the greatest extent practicable, that any subgrantee of such 
eligible entity, and any subgrantee thereof, that carries out such 
construction employs at least 40 percent of laborers or mechanics for 
such construction that are individuals who--

    (1) are domiciled, if the applicable construction area is--
        (A) a major urban area, not further than 15 miles 
 from such construction area; or
        (B) not a major urban area, not further than 50 
 miles from such construction area;

    (2) are displaced and unemployed energy workers;

    (3) are members of the Armed Forces serving on active duty, 
 separated from active duty, or retired from active duty;

    (4) have been incarcerated or served time in a juvenile or 
 adult detention or correctional facility, or been placed on 
 probation, community supervision, or in a diversion scheme;

    (5) have a disability;

    (6) are homeless;

    (7) are receiving public assistance;

    (8) lack a general education diploma or high school 
 diploma;

    (9) are emancipated from the foster care system;

    (10) reside or work in an environmental justice community; 
 or

    (11) are registered apprentices with fewer than 15 percent 
 of the required graduating apprentice hours in a program.

    (j) Reports.--The Secretary of Energy shall submit to Congress, and 
make available on the public website of the Department of Energy, an 
annual report on the program established pursuant to subsection

    (a) that includes, with respect to the previous year--

    (1) the number of grants provided;

    (2) the total dollar amount of all grants provided;

    (3) a list of grant disbursements by State;

    (4) for each grant provided--
        (A) a description of the technical assistance 
 obtained, outreach provided, or project carried out 
 with grants funds; and
        (B) whether the grant is provided to obtain 
 technical assistance, provide outreach, or carry out a 
 project with respect to an environmental justice 
 community; and

    (5) for each grant provided to carry out a clean energy 
 microgrid project--
        (A) employment data for such project, including the 
 number of jobs created and what percent of laborers and 
 mechanics hired for such project meet the criteria 
 under subsection
            (i) ;
        (B) the greenhouse gas and criteria air pollutant 
 reduction impacts for such project;
            (C) the public health benefits from such project; 
 and
            (D) the reduced energy cost burden from such 
 project.

    (k) Funding.--

    (1) Authorization of appropriations.--For each of fiscal 
 years 2025 through 2034, there is authorized to be 
 appropriated--
        (A) $50,000,000 for grants for technical assistance 
 described in subsection

    (b)

    (1) and outreach described 
 in subsection

    (b)

    (2) ; and
        (B) $1,500,000,000 for grants for projects 
 described in subsection

    (b)

    (3) .

    (2) Community-owned energy systems.--To the maximum extent 
 practicable, not less than 10 percent of the amount 
 appropriated under paragraph

    (1)
        (B) for any fiscal year shall 
 be used to provide grants for projects to develop and construct 
 clean energy microgrids that are community-owned energy 
 systems.

    (3) Administrative expenses.--
        (A) Technical assistance and outreach.--The 
 Secretary may use not more than 2 percent of the amount 
 appropriated for any fiscal year under paragraph

    (1)
        (A) for administrative expenses.
        (B) Clean energy microgrid projects.--The Secretary 
 may use not more than 2 percent of the amount 
 appropriated for any fiscal year under paragraph

    (1)
        (B) for administrative expenses, including expenses for 
 carrying out the educational outreach program under 
 subsection
            (d) .
            (l) === Definitions. ===
-In this section:

    (1) Clean energy.--The term ``clean energy'' means electric 
 energy generated from solar, wind, geothermal, existing 
 hydropower, micro-hydropower, hydrokinetic, or hydrogen fuel 
 cells.

    (2) Community of color.--The term ``community of color'' 
 means a geographically distinct area in which the population of 
 any of the following categories of individuals is higher than 
 the average populations of that category for the State in which 
 the community is located:
        (A) Black.
        (B) African American.
            (C) Asian.
            (D) Pacific Islander.
        (E) Other non-White race.
        (F) Non-White Hispanic.
        (G) Latino.
        (H) Linguistically isolated.

    (3) Community-owned energy system.--The term ``community-
 owned energy system'' means an energy system owned--
        (A) by the local government where the system is 
 located;
        (B) by a nonprofit organization that is based in 
 the local jurisdiction where the energy system is 
 located;
            (C) collectively, by community members; or
            (D) by a worker-owned or community-owned for-profit 
 entity.

    (4) Compatible land.--The term ``compatible land'' means 
 land that is at least 5 miles away from existing protected 
 areas and within 3 miles of existing transmission 
 infrastructure.

    (5) Critical community infrastructure.--The term ``critical 
 community infrastructure'' means infrastructure that is 
 necessary to providing vital community and individual 
 functions, including--
        (A) schools;
        (B) town halls;
            (C) public safety facilities;
            (D) hospitals;
        (E) health clinics;
        (F) community centers;
        (G) community nonprofit facilities providing 
 essential services;
        (H) libraries;
            (I) grocery stores;
        (J) emergency management facilities;
        (K) water systems;
            (L) homeless shelters;
            (M) senior housing; and
        (N) public or affordable housing.

    (6) Eligible entity.--The term ``eligible entity'' means--
        (A) a State, territory of the United States, or 
 Tribal agency;
        (B) a local government or political subdivision of 
 a State, including a municipally owned electric utility 
 and an agency, authority, corporation, or 
 instrumentality of a State or Indian Tribe;
            (C) an electric utility;
            (D) a nonprofit organization; or
        (E) a partnership between--
            (i) a private entity, or a nonprofit 
 organization, that owns critical community 
 infrastructure; and
            (ii) a State, territory of the United 
 States, Tribal agency, or local government.

    (7) Environmental justice community.--The term 
 ``environmental justice community'' means a community with 
 significant representation of communities of color, low-income 
 communities, or Tribal and indigenous communities, that 
 experiences, or is at risk of experiencing, higher or more 
 adverse human health or environmental effects.

    (8) Low-income community.--The term ``low-income 
 community'' means any census block group in which 30 percent or 
 more of the population are individuals with an annual household 
 income equal to, or less than, the greater of--
        (A) an amount equal to 80 percent of the median 
 income of the area in which the household is located, 
 as reported by the Department of Housing and Urban 
 Development; and
        (B) 200 percent of the Federal poverty line.

    (9) Major urban area.--The term ``major urban area'' means 
 a metropolitan statistical area within the United States with 
 an estimated population that is greater than or equal to 
 1,500,000.

    (10) Medical baseline customer.--The term ``medical 
 baseline customer'' means a customer of an electric utility 
 with special energy needs due to a medical condition, including 
 energy needs for--
        (A) a motorized wheelchair;
        (B) a ventilator;
            (C) a dialysis machine;
            (D) an apnea monitor;
        (E) an electrostatic nebulizer;
        (F) a respirator;
        (G) medication requiring refrigeration; and
        (H) for a customer with a vulnerable respiratory 
 system, an air cleaning system.

    (11) Microgrid.--The term ``microgrid'' means an 
 interconnected system of loads and clean energy resources 
 (including distributed energy resources, energy storage, demand 
 response tools, and other management, forecasting, and 
 analytical tools) which--
        (A) is appropriately sized to meet the critical 
 needs of its customers;
        (B) is contained within a clearly defined 
 electrical boundary and has the ability to operate as a 
 single and controllable entity;
            (C) has the ability to--
            (i) connect to, disconnect from, or run in 
 parallel with the applicable grid region; or
            (ii) be managed and isolated from the 
 applicable grid region in order to withstand 
 larger disturbances and maintain the supply of 
 electricity to a connected location;
            (D) has no point of interconnection to the 
 applicable grid region with a throughput capacity in 
 excess of 20 megawatts; and
        (E) can connect to one building or multiple 
 interconnected buildings.

    (12) Micro-hydropower.--The term ``micro-hydropower'' means 
 hydropower that produces no more than 100 kilowatts of 
 electricity using the natural flow of water.

    (13) Produced in the united states.--The term ``produced in 
 the United States'' means, in the case of iron or steel, that 
 all manufacturing processes, including the application of a 
 coating, occur in the United States.

    (14) Registered apprentice.--The term ``registered 
 apprentice'' means a person in an apprenticeship program that 
 is registered with, and approved by, the United States 
 Department of Labor or a State Apprenticeship Agency in 
 accordance with parts 29 and 30 of title 29, Code of Federal 
 Regulations (as in effect on January 1, 2020).

    (15) Small business.--The term ``small business'' has the 
 meaning given the term ``small business concern'' under 

section 3 of the Small Business Act (15 U.S.C. 632).

    (16) Tribal and indigenous community.--The term ``Tribal 
 and indigenous community'' means a population of people who are 
 members of--
        (A) a federally recognized Indian Tribe;
        (B) a State-recognized Indian Tribe;
            (C) an Alaska Native or Native Hawaiian community 
 or organization; or
            (D) any other community of indigenous people 
 located in a State.
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