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H.R. 3021 (110th): 21st Century Green High-Performing Public School Facilities Act

The text of the bill below is as of May 8, 2008 (Reported by House Committee).


IB

Union Calendar No. 388

110th CONGRESS

2d Session

H. R. 3021

[Report No. 110–623]

IN THE HOUSE OF REPRESENTATIVES

July 12, 2007

(for himself, Mr. George Miller of California, and Mr. Kildee) introduced the following bill; which was referred to the Committee on Education and Labor

May 8, 2008

Additional sponsors: Mr. Yarmuth, Ms. Moore of Wisconsin, Mr. Hare, Ms. Hooley, Mr. Loebsack, Mr. Andrews, Mr. Bishop of New York, Mr. Courtney, Mr. Davis of Illinois, Mr. Grijalva, Mr. Hinojosa, Ms. Hirono, Mr. Kucinich, Ms. Linda T. Sánchez of California, Mr. Sarbanes, Ms. Shea-Porter, Mr. Holt, Mr. Altmire, Mrs. McCarthy of New York, Ms. McCollum of Minnesota, Mr. McDermott, Mr. Klein of Florida, Mr. Carson, Mr. Payne, Mr. Stark, Ms. Woolsey, Mrs. Davis of California, Mr. Lewis of Georgia, Mr. Conyers, Mr. Ross, Mr. Welch of Vermont, Mr. Braley of Iowa, Mr. Carney, Mr. Ellison, Mr. Johnson of Georgia, Mr. Perlmutter, Mr. Sires, Ms. Sutton, Mr. Jackson of Illinois, Mr. Pallone, Mr. DeFazio, Mr. Hinchey, Mr. Kind, Mrs. Capps, Ms. Solis, Mr. Lincoln Davis of Tennessee, Mr. Cramer, Mr. Matheson, Mr. Melancon, Mr. Salazar, Mrs. Napolitano, Ms. Herseth Sandlin, Mr. Schiff, Mr. Lipinski, Mr. Cuellar, Mr. Boswell, Mr. Udall of Colorado, Mr. Smith of Washington, Mr. Wexler, Mr. Barrow, Mr. Berry, Mr. Moore of Kansas, Mr. Gordon of Tennessee, Mr. Wu, Mr. Tanner, Mr. Israel, Mr. Snyder, Mr. Hill, Mr. Blumenauer, Ms. Richardson, Mr. Larson of Connecticut, Mr. Sestak, Mr. Scott of Virginia, Ms. DeLauro, Mr. Inslee, Mr. Jefferson, Mr. Kennedy, Mr. McGovern, Mr. Baca, Ms. Clarke, Mr. Boren, Mrs. Maloney of New York, Mr. McIntyre, Mr. Farr, Mr. Ryan of Ohio, Mr. Cardoza, Ms. Matsui, Ms. Kilpatrick, Mr. Hall of New York, Ms. Bean, Mr. Rodriguez, Mr. Mollohan, Mr. Price of North Carolina, Mr. Carnahan, Mr. Rahall, Mr. Emanuel, Mr. Delahunt, Mr. Gene Green of Texas, Ms. Bordallo, Mr. Towns, Mrs. Christensen, Mr. Van Hollen, Mr. Davis of Alabama, Mr. Hastings of Florida, Mr. Etheridge, Ms. Corrine Brown of Florida, Mr. Tierney, Mr. Mitchell, Mr. Nadler, Ms. Eddie Bernice Johnson of Texas, Mr. Murphy of Connecticut, Mr. Moran of Virginia, Mr. Serrano, Mr. Honda, Mr. Markey, Mr. Filner, Mrs. Jones of Ohio, Mr. Rush, Mr. Olver, Mr. Doyle, Mr. Dingell, Mr. Thompson of Mississippi, Ms. Schakowsky, Mr. Abercrombie, Mr. Pomeroy, Mr. Thompson of California, Mr. Engel, Ms. Loretta Sanchez of California, Ms. Lee, Mr. McNerney, Mr. Cummings, Mr. Walz of Minnesota, Mr. Scott of Georgia, Ms. Tsongas, Mr. Fortuño, Mr. Wynn, Ms. Wasserman Schultz, Mr. Langevin, Mr. Boyd of Florida, and Mr. Wilson of Ohio

May 8, 2008

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on July 12, 2007

A BILL

To direct the Secretary of Education to make grants and low-interest loans to local educational agencies for the construction, modernization, or repair of public kindergarten, elementary, and secondary educational facilities, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the 21st Century Green High-Performing Public School Facilities Act.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Title I—Grants for modernization, renovation, or repair of school facilities

Sec. 101. Purpose.

Sec. 102. Allocation of funds.

Sec. 103. Allowable uses of funds.

Title II—Supplemental Grants for Louisiana, Mississippi, and Alabama

Sec. 201. Purpose.

Sec. 202. Allocation to States.

Sec. 203. Allowable uses of funds.

Title III—General provisions

Sec. 301. Impermissible uses of funds.

Sec. 302. Supplement, not supplant.

Sec. 303. Maintenance of effort.

Sec. 304. Special rule on contracting.

Sec. 305. Application of GEPA.

Sec. 306. Green Schools.

Sec. 307. Reporting.

Sec. 308. Authorization of appropriations.

2.

Definitions

In this Act:

(1)

The term Bureau-funded school has the meaning given to such term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021).

(2)

The term charter school has the meaning given such term in section 5210 of the Elementary and Secondary Education Act of 1965.

(3)

The term local educational agency

(A)

has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965, and shall also include the Recovery School District of Louisiana and the New Orleans Public Schools; and

(B)

includes any public charter school that constitutes a local educational agency under State law.

(4)

The term outlying area

(A)

means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and

(B)

includes the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

(5)

The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(6)

The term LEED Green Building Rating System means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as LEED Green Building Rating System.

(7)

The term Energy Star means the Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency.

(8)

The term CHPS Criteria means the green building rating program developed by the Collaborative for High Performance Schools.

I

Grants for modernization, renovation, or repair of school facilities

101.

Purpose

Grants under this title shall be for the purpose of modernizing, renovating, or repairing public kindergarten, elementary, and secondary educational facilities that are safe, healthy, high-performing, and up-to-date technologically.

102.

Allocation of funds

(a)

Reservation

From the amount appropriated to carry out this title for each fiscal year pursuant to section 308(a), the Secretary shall reserve 1 percent of such amount, consistent with the purpose described in section 101—

(1)

to provide assistance to the outlying areas; and

(2)

for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools.

(b)

Allocation to States

(1)

State-by-State allocation

Of the amount appropriated to carry out this title for each fiscal year pursuant to section 308(a), and not reserved under subsection (a), each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 for the previous fiscal year relative to the total amount received by all local educational agencies in every State under such part for such fiscal year.

(2)

State administration

A State may reserve up to 1 percent of its allocation under paragraph (1) to carry out its responsibilities under this title, including—

(A)

providing technical assistance to local educational agencies;

(B)

developing within 6 months of receiving its allocation under paragraph (1) a plan to develop a database that includes an inventory of public school facilities in the State and the modernization, renovation, and repair needs of, energy use by, and the carbon footprint of such schools; and

(C)

developing a school energy efficiency quality plan.

(3)

Grants to local educational agencies

From the amount allocated to a State under paragraph (1), each local educational agency in the State that meets the requirements of section 1112(a) of the Elementary and Secondary Education Act of 1965 shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of that Act for the previous fiscal year relative to the total amount received by all local educational agencies in the State under such part for such fiscal year, except that no local educational agency that received funds under part A of title I of that Act for such fiscal year shall receive a grant of less than $5,000 in any fiscal year under this title.

(4)

Special rule

Section 1122(c)(3) of the Elementary and Secondary Education Act of 1965 shall not apply to paragraphs (1) or (3).

(c)

Special rules

(1)

Distributions by Secretary

The Secretary shall make and distribute the reservations and allocations described in subsections (a) and (b) not later than 30 days after an appropriation of funds for this title is made.

(2)

Distributions by States

A State shall make and distribute the allocations described in subsection (b)(3) within 30 days of receiving such funds from the Secretary.

103.

Allowable uses of funds

A local educational agency receiving a grant under this title may use the grant for modernization, renovation, or repair of public school facilities, including—

(1)

repairing, replacing, or installing roofs, electrical wiring, plumbing systems, sewage systems, lighting systems, or components of such systems, windows, or doors;

(2)

repairing, replacing, or installing heating, ventilation, air conditioning systems, or components of such systems (including insulation), including indoor air quality assessments;

(3)

bringing public schools into compliance with fire and safety codes, including modernizations, renovations, and repairs that ensure that schools are prepared for emergencies;

(4)

modifications necessary to make public school facilities accessible to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), except that such modifications shall not be the primary use of the grant;

(5)

asbestos abatement or removal from public school facilities;

(6)

implementation of measures designed to reduce or eliminate human exposure to lead-based paint hazards though methods including interim controls, abatement, or a combination of each;

(7)

upgrading or installing educational technology infrastructure to ensure that students have access to up-to-date educational technology;

(8)

other modernization, renovation, or repair of public school facilities to—

(A)

improve teachers’ ability to teach and students’ ability to learn;

(B)

ensure the health and safety of students and staff; or

(C)

make them more energy efficient; and

(9)

required environmental remediation related to school modernization, renovation, or repair described in paragraphs (1) though (8).

II

Supplemental Grants for Louisiana, Mississippi, and Alabama

201.

Purpose

Grants under this title shall be for the purpose of modernizing, renovating, repairing or constructing public kindergarten, elementary, and secondary educational facilities that are safe, healthy, high-performing, and up-to-date technologically in order to address such needs caused by damage resulting from Hurricane Katrina or Hurricane Rita.

202.

Allocation to States

(a)

State-by-state allocation

Of the amount appropriated to carry out this title for each fiscal year pursuant to section 308(b), the Secretary shall allocate to Louisiana, Mississippi, and Alabama an amount equal to the number of schools in each of those States that were closed for 60 days or more during the period beginning on August 29, 2005, and ending on December 31, 2005, due to Hurricane Katrina or Hurricane Rita, relative to the number of schools in all of those States combined that were so closed.

(b)

State administration

A State that receives funds under this title may reserve one-half of one percent of such funds for administrative purposes related to this title.

(c)

Grants to local educational agencies

States receiving funds under subsection (a) shall allocate such funds to local educational agencies within the State according to the criteria described in subsection (a).

(d)

Special rules

(1)

Distributions by Secretary

The Secretary shall make and distribute the allocations described in subsection (a) not later than 30 days after an appropriation of funds for this title is made.

(2)

Distributions by States

A State shall make and distribute the allocations described in subsection (c) within 30 days of receiving such funds from the Secretary.

203.

Allowable uses of funds

A local educational agency receiving a grant under this title may use the grant for any of the activities described in section 103, except that an agency receiving a grant under this title also may use such grant for such activities for the construction of new public kindergarten, elementary, and secondary school facilities.

III

General provisions

301.

Impermissible uses of funds

No funds received under this Act may be used for—

(1)

payment of maintenance costs; or

(2)

stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public.

302.

Supplement, not supplant

A local educational agency receiving a grant under this Act shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for modernization, renovation, and repair of public kindergarten, elementary, and secondary educational facilities.

303.

Maintenance of effort

A local educational agency may receive a grant under this Act for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the State involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year.

304.

Special rule on contracting

Each local educational agency receiving a grant under this Act shall ensure that, if the agency carries out modernization, renovation, or repair through a contract, the process for any such contract ensures the maximum number of qualified bidders, including local, small, minority, and women- and veteran-owned businesses, through full and open competition.

305.

Application of GEPA

The grant programs under this Act are applicable programs (as that term is defined in section 400 of the General Education Provisions Act (20 U.S.C. 1221)) subject to section 439 of such Act (20 U.S.C. 1232b).

306.

Green Schools

(a)

In general

In a given fiscal year, a local educational agency shall use not less than the applicable percentage of funds received under this Act described in subsection (b) for public school modernization, renovation, or repairs that are—

(1)

LEED Green Building Rating System-certified or consistent with any applicable provisions of the LEED Green Building Rating System;

(2)

Energy Star-certified or consistent with any applicable provisions of Energy Star; or

(3)

certified, designed, or verified under or meet any applicable provisions of an equivalent program to the LEED Green Building Rating System or Energy Star adopted by the State or another jurisdiction with authority over the local educational agency, such as the CHPS Criteria.

(b)

Applicable percentages

The applicable percentages described in subsection (a) are—

(1)

in fiscal year 2009, 50 percent;

(2)

in fiscal year 2010, 60 percent;

(3)

in fiscal year 2011, 70 percent;

(4)

in fiscal year 2012, 80 percent; and

(5)

in fiscal year 2013, 90 percent.

(c)

Technical assistance

The Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall provide outreach and technical assistance to States and school districts concerning the best practices in school modernization, renovation, and repair, including those related to student academic achievement and student and staff health, energy efficiency, and environmental protection.

307.

Reporting

(a)

Reports by local educational agencies

Local educational agencies receiving a grant under this Act shall annually compile a report describing the projects for which such funds were used, including—

(1)

the number of public schools in the agency;

(2)

the number of schools in the agency with a metro-centric locale code of 41, 42, or 43 as determined by the National Center for Education Statistics and the percentage of funds received by the agency under title I or title II of this Act that were used for projects at such schools;

(3)

the number of schools in the agency that are eligible for schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965 and the percentage of funds received by the agency under title I or title II of this Act that were used for projects at such schools; and

(4)

for each project—

(A)

the cost;

(B)

the standard described in section 306(a) with which the use of the funds complied or if the use of funds did not comply with a standard described in section 306(a), the reason such funds were not able to be used in compliance with such standards and the agency’s efforts to use such funds in an environmentally sound manner; and

(C)

any demonstrable or expected benefits as a result of the project (such as energy savings, improved indoor environmental quality, improved climate for teaching and learning, etc.).

(b)

Availability of reports

A local educational agency shall—

(1)

submit the report described in subsection (a) to the State educational agency, which shall compile such information and report it annually to the Secretary; and

(2)

make the report described in subsection (a) publicly available, including on the agency’s website.

(c)

Reports by Secretary

Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on grants made under this Act, including the information described in subsection (b)(1), the types of modernization, renovation, and repair funded, and the number of students impacted, including the number of students counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965.

308.

Authorization of appropriations

(a)

Title I

To carry out title I, there are authorized to be appropriated $6,400,000,000 for fiscal year 2009 and such sums as may be necessary for each of fiscal years 2010 through 2013.

(b)

Title II

To carry out title II, there are authorized to be appropriated $100,000,000 for each of fiscal years 2009 through 2013.

Amend the title so as to read: A bill to direct the Secretary of Education to make grants to State educational agencies for the modernization, renovation, or repair of public kindergarten, elementary, and secondary educational facilities, and for other purposes..

May 8, 2008

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed