,,ii #aagth ,,congress #b;d ,session ,s4 #ecac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #bj1 #bjbb,mr4 ,brown introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to require the ,secretary of ,housing and ,urban ,development to establish an excess urban heat mitigation grant program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,excess ,urban ,heat ,mitigation ,act of #bjbb4 #b4 ,findings ,congress finds the following3 7#a7 ,heat stress is a leading weather-related cause of death in the ,united ,states1 with more than #fjj people killed in the ,united ,states by extreme heat every year1 and many more experiencing respiratory problems and heat-related illness4 7#b7 ,urban areas are likely to experience higher temperatures than surrounding areas due to design-related attributes of the built environment1 including manmade factors such as low solar reflectance1 low tree cover1 high building density1 high impervious surface cover1 and waste heat emissions4 7#c7 ,underserved communities are disproportionately impacted by extreme heat4 ,in the ,united ,states1 low-income census blocks have #ae4b percent less tree cover and an average land surface temperature that is #a4e degrees ,celsius hotter than high-income blocks4 7#d7 ,studies show that in #ig percent of the largest urbanized areas in the ,united ,states1 people of color live in census tracts with higher surface urban heat intensity than non-,hispanic ,whites1 indicating that heat exposure is unequally distributed by race4 7#e7 ,urban heat is not only a public health threat but also an economic one1 as rising heat leads to increased roadway maintenance costs1 higher residential and commercial summer energy costs1 and lost labor productivity1 as well as the cost to patients and health care infrastructure for heat-related hospitalizations and emergency department visits4 7#f7 ,excess urban heat causes increased energy consumption1 elevated emission of air pollutants and greenhouse gases1 and impaired water quality4 7#g7 ,heat waves are expected to not only occur more frequently in the ,united ,states but also be of longer duration1 lasting #aj to #bj days longer by the end of the century4 7#h7 ,solutions exist that communities can implement now to mitigate the challenge of urban heat4 ,one example is the planting of urban trees to offset or reverse the urban heat island effect4 ,studies in multiple cities in the ,united ,states have shown that urban trees can offset projected increases in heat-related mortality in #bjej by #dj to #ii percent4 #c4 ,definitions ,in this ,act3 7#a7 ,covered census tract ,the term covered census tract means a census tract with a poverty rate of not less than #bj percent1 as measured by the #e-year data series available from the ,american ,community ,survey of the ,bureau of the ,census for the period of #bjad through #bjah1 including such a census tract that includes an area that was designated as hazardous or definitely declining in maps drawn by the ,home ,owners' ,loan ,corporation4 7#b7 ,covered grant ,the term covered grant means a grant awarded under section #d7;a74 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state 7as defined in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb772 7,b7 a metropolitan planning organization2 7,c7 a unit of general local government 7as defined in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb772 7,d7 an ,indian tribe 7as defined in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb772 7,e7 a territorial government2 7,f7 a nonprofit organization working in coordination with an entity described in subparagraphs 7,a7 through 7,e72 and 7,g7 a consortium of nonprofit organizations4 7#d7 ,eligible project ,the term eligible project-- 7,a7 means a project designed to mitigate heat in an urban area by-- 7i7 working to combat the causes of higher temperatures2 or 7ii7 mitigating the impacts of higher temperatures or other extreme weather events2 and 7,b7 includes the implementation1 construction1 or maintenance of-- 7i7 tree planting and maintenance with1 wherever possible1 preference for-- 7,i7 native tree species2 7,,ii7 tree species with high shade production and carbon sequestration2 and 7,,iii7 tree species that provide edible fruit and nuts2 7ii7 cool pavements2 7iii7 cool roofs2 7iv7 green roofs2 7v7 bus stop shelters2 7vi7 shade structures2 7vii7 cooling centers with1 wherever possible1 preference for-- 7,i7 cooling centers that collaborate with existing community centers and spaces2 7,,ii7 cooling centers with year-round accessibility2 and 7,,iii7 cooling centers that utilize renewable energy2 7viii7 community gardens1 including agroforestry practices2 7ix7 outreach to communities about resources available under this section2 7x7 local heat mitigation education efforts2 or 7xi7 other actions the ,secretary determines appropriate to address or mitigate excess urban heat4 7#e7 ,environmental justice ,the term environmental justice means the fair treatment and meaningful involvement of all people regardless of race1 color1 culture1 national origin1 income1 and educational levels with respect to the development1 implementation1 and enforcement of protective environmental laws1 regulations1 and policies4 7#f7 ,excess urban heat effect ,the term excess urban heat effect means the phenomenon of local urban warming1 resulting from manmade factors such as low solar reflectance1 low tree cover1 high building density1 high impervious surface cover1 and waste heat emissions4 7#g7 ,extreme heat ,the term extreme heat means a prolonged period of excessively hot weather1 with temperatures well above climatological normals for a given location and season4 7#h7 ,nonprofit organization ,the term nonprofit organization means an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#aj7 ,urban area ,the term urban area has the meaning given the term in section #aja7;a7 of title #bc1 ,united ,states ,code4 #d4 ,urban heat mitigation grant program 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 acting through the ,office of ,community ,planning and ,development1 in coordination with the ,administrator of the ,environmental ,protection ,agency1 the ,chief of the ,forest ,service1 and the ,director of the ,climate ,program ,office of the ,national ,oceanic and ,atmospheric ,administration1 shall establish an urban heat mitigation grant program to award grants to eligible entities to implement eligible projects4 7b7 ,set-,aside ,not less than #ge percent of the amounts of covered grants awarded for a fiscal year shall be awarded to eligible entities to implement projects in a covered census tract4 7c7 ,technical assistance 7#a7 ,in general ,not more than #c percent of amounts appropriated to carry out this section may be used to provide technical assistance to eligible entities applying for or implementing a covered grant4 7#b7 ,preference ,in providing technical assistance under paragraph 7#a71 the ,secretary shall give preference to eligible entities that intend to serve communities-- 7,a7 located in a covered census tract2 or 7,b7 with lower-tree canopy and higher maximum daytime summer temperatures compared to surrounding communities1 as determined by the ,secretary1 based on publicly available information4 7#c7 ,inclusions ,technical assistance provided under paragraph 7#a7 may include-- 7,a7 assistance developing a complete application2 7,b7 financial analysis and budget development2 7,c7 support for project integration2 7,d7 assessment of project readiness2 and 7,e7 technical assistance implementing activities once a covered grant is received4 7d7 ,application 7#a7 ,in general ,an eligible entity desiring a covered grant shall submit to the ,secretary an application1 at such time and in such manner as required by the ,secretary in guidance1 that includes1 at a minimum-- 7,a7 how the eligible entity will use the covered grant2 7,b7 how the eligible projects funded will combat extreme heat or excess urban heat effects and improve quality of life for impacted communities2 7,c7 a robust engagement plan that-- 7i7 outlines how the eligible entity will meaningfully engage with the communities in which the eligible projects take place throughout project implementation2 and 7ii7 demonstrates how the eligible entity plans to-- 7,i7 foster meaningful1 reciprocal relationships with community-based organizations2 7,,ii7 engage in respectful1 good-faith consultation with diverse community stakeholders2 and 7,,iii7 empower members of the community to participate in decision making2 and 7,d7 how the eligible entity will address the intersection between human health1 environment1 and built environment4 7#b7 ,guidance ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall issue the guidance described in paragraph 7#a74 7e7 ,matching requirement 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of the cost of an eligible project carried out with amounts from a covered grant shall be not more than #hj percent4 7#b7 ,waiver ,the ,secretary may increase the maximum ,federal share described in paragraph 7#a7 from #hj percent to #ajj percent for an eligible project carried out by an eligible entity that demonstrates economic hardship1 as determined by the ,secretary4 7f7 ,priority ,in awarding covered grants1 the ,secretary shall give priority to an eligible entity that serves-- 7#a7 a community located in a covered census tract2 or 7#b7 a community with lower tree canopy and higher maximum daytime summer temperatures compared to surrounding communities1 as determined by the ,secretary1 based on publicly available information4 7g7 ,reporting requirement ,the ,secretary shall submit an annual report to ,congress that identifies the recipients of covered grants and the geographic and economic distribution of those recipients4 7h7 ,oversight 7#a7 ,in general ,in order to ensure the effectiveness of projects that are carried out using covered grants1 the ,secretary shall use not more than #e percent of any amounts appropriated to carry out this section to establish an oversight board to help-- 7,a7 select recipients of covered grants2 and 7,b7 review the progress made by recipients of covered grants on a yearly basis4 7#b7 ,evaluation ,the board established under paragraph 7#a7 shall-- 7,a7 develop and apply a rubric to evaluate the success of projects carried out using covered grants in reaching their objective to combat the causes and effects of excess urban heat2 and 7,b7 serve the ,secretary in an advisory capacity4 7#c7 ,membership 7,a7 ,in general ,members of the board established under paragraph 7#a7 may include-- 7i7 representatives from the ,environmental ,protection ,agency1 particularly from the ,heat ,island ,reduction ,program2 7ii7 representatives from the ,department of ,health and ,human ,services1 particularly from the ,office of ,climate ,change and ,health ,equity2 7iii7 representatives from the ,department of ,energy1 particularly from the ,office of ,energy ,efficiency and ,renewable ,energy2 7iv7 representatives from the ,department of ,agriculture1 particularly from the ,urban and ,community ,forestry ,program2 7v7 subject to subparagraph 7,b71 representatives from nonprofit organizations with proven leadership in urban heat mitigation or environmental justice1 as determined by the ,secretary2 and 7vi7 subject to subparagraph 7,b71 representatives from academia and research studying the effects of and mitigation of excess urban heat1 environmental justice1 or related areas4 7,b7 ,certification required ,in order to be a member of the board established under paragraph 7#a71 a representative described in clause 7v7 or 7vi7 of subparagraph 7,a7 of this paragraph shall certify that the representative does possess any conflict of interest with respect to projects being considered for a covered grant or being carried out using a covered grant4 7i7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #cj1jjj1jjj for each of fiscal years #bjbc through #bjcj4