,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hfbf ,,in ,,the ,,house ,,of ,,representatives ,october #bj1 #bjbj,ms4 ,barragn 7for herself1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,sires1 ,ms4 ,de,gette1 ,mr4 ,espaillat1 ,ms4 ,lee of ,california1 ,ms4 ,schakowsky1 ,mr4 ,soto1 ,ms4 ,norton1 ,mr4 ,hastings1 ,mr4 ,grijalva1 ,mrs4 ,napolitano1 ,mr4 ,tonko1 ,mr4 ,huffman1 ,ms4 ,velzquez1 ,mr4 ,meeks1 ,ms4 ,haaland1 ,ms4 ,pingree1 ,ms4 ,ocasio-,cortez1 ,mr4 ,nadler1 ,ms4 ,moore1 ,ms4 ,houlahan1 and ,mr4 ,suozzi7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,science1 ,space1 and ,technology1 for a period to be subsequently determined by the ,speaker1 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 resilience1 energy democracy1 and security of communities1 prioritizing environmental justice communities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,energy ,resilient ,communities ,act4 #b4 ,clean energy microgrid grant program 7a7 ,in general ,the ,secretary of ,energy shall establish and carry out a program to provide grants to eligible entities4 7b7 ,use of funds ,an eligible entity may use a grant provided under the program established pursuant to subsection 7a7 to-- 7#a7 obtain technical assistance to-- 7,a7 upgrade building codes and standards for resiliency to climate change hazards 7including wildfires1 flooding1 sea level rise1 landslides1 drought1 storms1 temperature extremes1 and other extreme weather events72 7,b7 develop an infrastructure resilience plan to identify and overcome known climate change hazards to critical community infrastructure2 or 7,c7 conduct a needs assessment of prospective clean energy microgrid projects and1 as applicable1 design prospective clean energy microgrids1 including assistance to address permitting and siting challenges1 understand and facilitate financing options1 and understand the technical characteristics of clean energy microgrids2 7#b7 provide community outreach and collaborative planning with respect to a prospective project described in paragraph 7#c72 or 7#c7 carry out a project to develop and construct-- 7,a7 a clean energy microgrid that supports critical community infrastructure2 or 7,b7 a clean energy microgrid for residences of medical baseline customers4 7c7 ,priority 7#a7 ,in general ,in providing grants under the program established pursuant to subsection 7a71 the ,secretary of ,energy shall give priority to an eligible entity that proposes to use a grant to obtain technical assistance described in subsection 7b77#a71 provide outreach described in subsection 7b77#b71 or carry out a project described in subsection 7b77#c71 that will benefit an environmental justice community4 7#b7 ,technical assistance and community outreach grants ,after priority given under paragraph 7#a71 in providing grants to obtain technical assistance described in subsection 7b77#a7 or provide outreach described in subsection 7b77#b71 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 systems4 7#c7 ,clean energy microgrid grants ,after priority given under paragraph 7#a71 in providing grants under the program established pursuant to subsection 7a7 for projects described in subsection 7b77#c71 the ,secretary of ,energy shall give priority to an eligible entity that-- 7,a7 proposes to develop and construct a clean energy microgrid that1 in comparison to other clean energy microgrids for which grants are sought under such program1 will result in the greatest reduction-- 7i7 of greenhouse gas emissions2 7ii7 of emissions of criteria air pollutants2 7iii7 in public health disparities in communities experiencing a disproportionate level of air pollution2 or 7iv7 in the energy cost burden for communities2 7,b7 proposes to develop and construct a clean energy microgrid that is a community-owned energy system2 7,c7 proposes to develop and construct a clean energy microgrid that1 in comparison to other clean energy microgrids for which grants are sought under such program1 will provide the greatest amount of resiliency benefits to a jurisdiction in which the microgrid is located2 7,d7 proposes to develop and construct a clean energy microgrid that minimizes land use impacts by-- 7i7 siting sources of clean energy within the already-built environment1 including over rooftops and parking lots2 7ii7 siting sources of clean energy on existing brownfield sites or contaminated sites2 7iii7 co-locating sources of clean energy on agricultural lands or over reservoirs2 or 7iv7 siting sources of clean energy on compatible lands2 7,e7 proposes to1 in developing and constructing a clean energy microgrid1 utilize or involve small businesses or nonprofits that primarily operate or are located within environmental justice communities1 particularly those that are women-owned and operated or minority-owned and operated2 7,f7 has previously received a grant to obtain technical assistance under such program2 or 7,g7 imposes registered apprentice utilization requirements on projects1 provided that such requirements comply with the apprentice to journey worker ratios established by the ,department of ,labor or the applicable ,state ,apprenticeship ,agency4 7d7 ,educational outreach program 7#a7 ,in general ,not later than #ij days after funds are made available to carry out this section1 the ,secretary of ,energy shall develop and carry out an educational outreach program to inform eligible entities about the program established pursuant to subsection 7a74 7#b7 ,contracts ,the ,secretary of ,energy may enter into third-party contracts to implement the educational outreach program under paragraph 7#a74 ,in entering into contracts pursuant to this paragraph1 the ,secretary shall prioritize entering into contracts with women-owned and operated or minority-owned and operated entities4 7#c7 ,priority ,the educational outreach program under paragraph 7#a7 shall prioritize-- 7,a7 providing information on the program established pursuant to subsection 7a7 to eligible entities that serve an environmental justice community and to environmental justice communities2 and 7,b7 promoting public understanding of the community benefits of clean energy microgrids for critical community infrastructure4 7e7 ,cost share 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of the cost of technical assistance1 outreach1 or a project for which a grant is provided pursuant to the program established pursuant to subsection 7a7 shall not exceed #fj percent of such cost4 7#b7 ,environmental justice community ,the ,federal share of the cost of technical assistance that is obtained for1 outreach that is provided to1 or a project that is carried out in1 an environmental justice community1 and for which a grant is provided pursuant to the program established pursuant to subsection 7a7 shall not exceed #ij percent of such cost4 7f7 ,limitation on amount ,the amount of a grant provided to an eligible entity under this section to carry out a project described in subsection 7b77#c7 may not exceed #aj1jjj1jjj4 7g7 ,use of ,american iron1 steel1 and manufactured goods 7#a7 ,no funds authorized under this section shall be made available with respect to a project unless all of the iron1 steel1 and manufactured goods used in the project are produced in the ,united ,states4 7#b7 ,paragraph 7#a7 shall not apply in any case or category of cases in which the ,secretary of ,energy finds that-- 7,a7 applying paragraph 7#a7 would be inconsistent with the public interest2 7,b7 iron1 steel1 and the relevant manufactured goods are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7,c7 inclusion of iron1 steel1 and manufactured goods produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7#c7 ,if the ,secretary of ,energy receives a request for a waiver under this subsection1 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 request1 and shall allow for informal public input on the request for at least #ae days prior to making a finding based on the request4 ,the ,secretary shall make the request and accompanying information available by electronic means1 including on the official public website of the ,department of ,energy4 7#d7 ,this subsection shall be applied in a manner consistent with the ,united ,states obligations under international agreements4 7h7 ,prevailing wages ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work assisted1 in whole or in part1 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 #ca of title #dj1 ,united ,states ,code4 ,with respect to the labor standards in this subsection1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7i7 ,project labor ,an eligible entity that uses a grant provided under this section to construct a clean energy microgrid shall ensure1 to the greatest extent practicable1 that any subgrantee of such eligible entity1 and any subgrantee thereof1 that carries out such construction employs at least #dj percent of laborers or mechanics for such construction that are individuals who-- 7#a7 are domiciled1 if the applicable construction area is-- 7,a7 a major urban area1 not further than #ae miles from such construction area2 or 7,b7 not a major urban area1 not further than #ej miles from such construction area2 7#b7 are displaced and unemployed energy workers2 7#c7 are members of the ,armed ,forces serving on active duty1 separated from active duty1 or retired from active duty2 7#d7 have been incarcerated or served time in a juvenile or adult detention or correctional facility1 or been placed on probation1 community supervision1 or in a diversion scheme2 7#e7 have a disability2 7#f7 are homeless2 7#g7 are receiving public assistance2 7#h7 lack a general education diploma or high school diploma2 7#i7 are emancipated from the foster care system2 7#aj7 reside or work in an environmental justice community2 or 7#aa7 are registered apprentices with fewer than #ae percent of the required graduating apprentice hours in a program4 7j7 ,reports ,the ,secretary of ,energy shall submit to ,congress1 and make available on the public website of the ,department of ,energy1 an annual report on the program established pursuant to subsection 7a7 that includes1 with respect to the previous year-- 7#a7 the number of grants provided2 7#b7 the total dollar amount of all grants provided2 7#c7 a list of grant disbursements by ,state2 7#d7 for each grant provided-- 7,a7 a description of the technical assistance obtained1 outreach provided1 or project carried out with grants funds2 and 7,b7 whether the grant is provided to obtain technical assistance1 provide outreach1 or carry out a project with respect to an environmental justice community2 and 7#e7 for each grant provided to carry out a clean energy microgrid project-- 7,a7 employment data for such project1 including the number of jobs created and what percent of laborers and mechanics hired for such project meet the criteria under subsection 7i72 7,b7 the greenhouse gas and criteria air pollutant reduction impacts for such project2 7,c7 the public health benefits from such project2 and 7,d7 the reduced energy cost burden from such project4 7k7 ,funding 7#a7 ,authorization of appropriations ,for each of fiscal years #bjba through #bjcj1 there is authorized to be appropriated-- 7,a7 #ej1jjj1jjj for grants for technical assistance described in subsection 7b77#a7 and outreach described in subsection 7b77#b72 and 7,b7 #a1ejj1jjj1jjj for grants for projects described in subsection 7b77#c74 7#b7 ,community-owned energy systems ,to the maximum extent practicable1 not less than #aj percent of the amount appropriated under paragraph 7#a77;,b7 for any fiscal year shall be used to provide grants for projects to develop and construct clean energy microgrids that are community-owned energy systems4 7#c7 ,administrative expenses 7,a7 ,technical assistance and outreach ,the ,secretary may use not more than #b percent of the amount appropriated for any fiscal year under paragraph 7#a77;,a7 for administrative expenses4 7,b7 ,clean energy microgrid projects ,the ,secretary may use not more than #b percent of the amount appropriated for any fiscal year under paragraph 7#a77;,b7 for administrative expenses1 including expenses for carrying out the educational outreach program under subsection 7d74 7l7 ,definitions ,in this section3 7#a7 ,clean energy ,the term clean energy means electric energy generated from solar1 wind1 geothermal1 existing hydropower1 micro-hydropower1 hydrokinetic1 or hydrogen fuel cells4 7#b7 ,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 located3 7,a7 ,black4 7,b7 ,african ,american4 7,c7 ,asian4 7,d7 ,pacific ,islander4 7,e7 ,other non-,white race4 7,f7 ,non-,white ,hispanic4 7,g7 ,latino4 7,h7 ,linguistically isolated4 7#c7 ,community-owned energy system ,the term community-owned energy system means an energy system owned-- 7,a7 by the local government where the system is located2 7,b7 by a nonprofit organization that is based in the local jurisdiction where the energy system is located2 7,c7 collectively1 by community members2 or 7,d7 by a worker-owned or community-owned for-profit entity4 7#d7 ,compatible land ,the term compatible land means land that is at least #e miles away from existing protected areas and within #c miles of existing transmission infrastructure4 7#e7 ,critical community infrastructure ,the term critical community infrastructure means infrastructure that is necessary to providing vital community and individual functions1 including-- 7,a7 schools2 7,b7 town halls2 7,c7 public safety facilities2 7,d7 hospitals2 7,e7 health clinics2 7,f7 community centers2 7,g7 community nonprofit facilities providing essential services2 7,h7 libraries2 7,i7 grocery stores2 7,j7 emergency management facilities2 7,k7 water systems2 7,l7 homeless shelters2 7,m7 senior housing2 and 7,n7 public or affordable housing4 7#f7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state1 territory of the ,united ,states1 or ,tribal agency2 7,b7 a local government2 7,c7 an electric utility2 7,d7 a nonprofit organization2 or 7,e7 a partnership between-- 7i7 a private entity1 or a nonprofit organization1 that owns critical community infrastructure2 and 7ii7 a ,state1 territory of the ,united ,states1 ,tribal agency1 or local government4 7#g7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7#h7 ,low-income community ,the term low-income community means any census block group in which #cj percent or more of the population are individuals with an annual household income equal to1 or less than1 the greater of-- 7,a7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#i7 ,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 #a1ejj1jjj4 7#aj7 ,medical baseline customer ,the term medical baseline customer means a customer of an electric utility with special energy needs due to a medical condition1 including energy needs for-- 7,a7 a motorized wheelchair2 7,b7 a ventilator2 7,c7 a dialysis machine2 7,d7 an apnea monitor2 7,e7 an electrostatic nebulizer2 7,f7 a respirator2 7,g7 medication requiring refrigeration2 and 7,h7 for a customer with a vulnerable respiratory system1 an air cleaning system4 7#aa7 ,microgrid ,the term microgrid means an interconnected system of loads and clean energy resources 7including distributed energy resources1 energy storage1 demand response tools1 and other management1 forecasting1 and analytical tools7 which-- 7,a7 is appropriately sized to meet the critical needs of its customers2 7,b7 is contained within a clearly defined electrical boundary and has the ability to operate as a single and controllable entity2 7,c7 has the ability to-- 7i7 connect to1 disconnect from1 or run in parallel with the applicable grid region2 or 7ii7 be managed and isolated from the applicable grid region in order to withstand larger disturbances and maintain the supply of electricity to a connected location2 7,d7 has no point of interconnection to the applicable grid region with a throughput capacity in excess of #bj megawatts2 and 7,e7 can connect to one building or multiple interconnected buildings4 7#ab7 ,micro-hydropower ,the term micro-hydropower means hydropower that produces no more than #ajj kilowatts of electricity using the natural flow of water4 7#ac7 ,produced in the ,united ,states ,the term produced in the ,united ,states means1 in the case of iron or steel1 that all manufacturing processes1 including the application of a coating1 occur in the ,united ,states4 7#ad7 ,registered apprentice ,the term registered apprentice means a person in an apprenticeship program that is registered with1 and approved by1 the ,united ,states ,department of ,labor or a ,state ,apprenticeship ,agency in accordance with parts #bi and #cj of title #bi1 ,code of ,federal ,regulations 7as in effect on ,january #a1 #bjbj74 7#ae7 ,small business ,the term small business has the meaning given the term small business concern under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7#af7 ,tribal and indigenous community ,the term ,tribal and indigenous community means a population of people who are members of-- 7,a7 a federally recognized ,indian ,tribe2 7,b7 a ,state-recognized ,indian ,tribe2 7,c7 an ,alaska ,native or ,native ,hawaiian community or organization2 or 7,d7 any other community of indigenous people located in a ,state4