HR 2447 IHCommentsClose CommentsPermalink

To establish an Energy and Environment Block Grant Program, and for other purposes.CommentsClose CommentsPermalink

May 23, 2007

Mr. WYNN (for himself, Mr. TURNER, Mr. ENGEL, Mr. PALLONE, Mr. KENNEDY, Mr. INSLEE, Mr. BUTTERFIELD, Mr. WEINER, Mr. HASTINGS of Florida, and Mr. CARNAHAN) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Science 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 concernedCommentsClose CommentsPermalink

To establish an Energy and Environment Block Grant Program, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Energy and Environment Block Grant Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

The Congress finds the following:CommentsClose CommentsPermalink





(1) Based on a recent United Nations report, the world scientific community now agrees that global warming is caused by the emission of greenhouse gases from human behavior and activity.CommentsClose CommentsPermalink





(2) The United States, while representing less than 5 percent of the world's population, releases a projected 25 percent of all greenhouse gases emitted worldwide.CommentsClose CommentsPermalink





(3) Local governments are particularly well positioned to develop, implement, and promote energy efficiency and greenhouse gas reduction strategies at the community level, as part of a comprehensive national strategy to address global warming.CommentsClose CommentsPermalink





(4) The release of significant amounts of greenhouse gases occurs as a result of energy consumed by buildings and homes, and 39,300,000 new homes and 20,000,000,000 square feet of commercial office space are projected to be constructed between 2007 and 2031.CommentsClose CommentsPermalink





(5) Local governments, through revised building codes, building inspection, and the promotion of energy efficient retrofits and conservation measures, are uniquely positioned to work with their local business communities to encourage energy efficiency and greenhouse gas reduction strategies within the building construction and management sectors.CommentsClose CommentsPermalink





(6) The development of community-based conservation programs that reduce the usage of energy in homes and transportation will yield immediate and significant reductions of a jurisdiction's overall carbon emissions. Many cities have already signed Climate Protection Agreements, including a goal of all buildings being carbon neutral by 2030.CommentsClose CommentsPermalink





(7) Local governments control or influence land use, transportation, and development planning that directly impacts the design of a community, a major factor in the amount of greenhouse gases emitted.CommentsClose CommentsPermalink





(8) The development of local energy and environment comprehensive plans will provide local governments the strategies they need to establish specific energy efficiency and greenhouse gas emission reduction goals and milestones.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

For purposes of this Act--CommentsClose CommentsPermalink





(1) the term `eligible entity' means a State or an eligible unit of local government within a State;CommentsClose CommentsPermalink





(2) the term `eligible unit of local government' means--CommentsClose CommentsPermalink





(A) a city with a population of at least 50,000; andCommentsClose CommentsPermalink





(B) a county with a population of at least 200,000;CommentsClose CommentsPermalink





(3) the term `greenhouse gas' means--CommentsClose CommentsPermalink





(A) carbon dioxide;CommentsClose CommentsPermalink





(B) methane;CommentsClose CommentsPermalink





(C) nitrous oxide;CommentsClose CommentsPermalink





(D) hydrofluorocarbons;CommentsClose CommentsPermalink





(E) perfluorocarbons;CommentsClose CommentsPermalink





(F) sulfur hexafluoride; andCommentsClose CommentsPermalink





(G) any other anthropogenically-emitted gas that is determined by the Secretary, after notice and comment, to contribute to global warming to a non-negligible degree;CommentsClose CommentsPermalink





(4) the term `Secretary' means the Secretary of Energy; andCommentsClose CommentsPermalink





(5) the term `State' means one of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.CommentsClose CommentsPermalink

SEC. 4. ESTABLISHMENT OF PROGRAM.

The Secretary shall establish an Energy and Environment Block Grant Program to make block grants to eligible entities as provided in this Act.CommentsClose CommentsPermalink

SEC. 5. ALLOCATIONS.

(a) In General- Of the funds appropriated for making grants under this Act for each fiscal year, the Secretary shall allocate 70 percent to be provided to eligible units of local government as provided in subsection (b) and 30 percent to be provided to States as provided in subsection (c).CommentsClose CommentsPermalink





(b) Eligible Units of Local Government- The Secretary shall provide grants to eligible units of local government according to a formula giving equal weight to--CommentsClose CommentsPermalink





(1) population, according to the most recent available Census data; andCommentsClose CommentsPermalink





(2) daytime population, or another similar factor such as square footage of commercial, office, and industrial space, as determined by the Secretary.CommentsClose CommentsPermalink





(c) States- The Secretary shall provide grants to States according to a formula based on population, according to the most recent available Census data.CommentsClose CommentsPermalink





(d) Publication of Allocation Formulas- Not later than 90 days before the beginning of any fiscal year in which grants are to made under this Act, the Secretary shall publish in the Federal Register the formulas for allocation described in subsection (b)(1) and (b)(2).CommentsClose CommentsPermalink

SEC. 6. ELIGIBLE ACTIVITIES.

Funds provided through a grant under this Act may be used for the following activities:CommentsClose CommentsPermalink





(1) Development and implementation of an Energy Efficiency and Climate Protection Strategy under section 8 or 9.CommentsClose CommentsPermalink





(2) Retaining technical consultant services to assist an eligible entity in the development of such Strategy, including--CommentsClose CommentsPermalink





(A) estimation of the 1990 levels of greenhouse gas emissions within the jurisdiction of the eligible entity;CommentsClose CommentsPermalink





(B) determination of baseline greenhouse gas emissions for 2006 or the most recent year for best available data;CommentsClose CommentsPermalink





(C) formulation of energy efficiency and greenhouse gas emission reduction goals;CommentsClose CommentsPermalink





(D) identification of strategies to meet such goals through major emitters of greenhouse gases;CommentsClose CommentsPermalink





(E) identification of strategies to encourage behavioral changes among the populace that will help achieve such goals;CommentsClose CommentsPermalink





(F) development of methods to measure progress in achieving such goals;CommentsClose CommentsPermalink





(G) development and preparation of annual reports to the citizenry of the eligible entity's energy efficiency and greenhouse gas reduction strategies and goals, and progress in achieving them;CommentsClose CommentsPermalink





(H) analysis of potential mitigation strategies to offset the negative environmental impacts of global warming on the community; andCommentsClose CommentsPermalink





(I) other services to assist in the implementation of the Energy Efficiency and Climate Protection Strategy.CommentsClose CommentsPermalink





(3) Conducting energy audits.CommentsClose CommentsPermalink





(4) Development and implementation of weatherization programs.CommentsClose CommentsPermalink





(5) Creation of financial incentive programs for energy efficiency retrofits, including zero-interest or low-interest revolving loan funds.CommentsClose CommentsPermalink





(6) Grants to nonprofit organizations and governmental agencies for energy retrofits.CommentsClose CommentsPermalink





(7) Development and implementation of energy efficiency programs and technologies for buildings and facilities of nonprofit organizations and governmental agencies.CommentsClose CommentsPermalink





(8) Development and implementation of building and home energy conservation programs, including--CommentsClose CommentsPermalink





(A) design and operation of the programs;CommentsClose CommentsPermalink





(B) research on the most effective methods for achieving maximum participation and efficiency rates;CommentsClose CommentsPermalink





(C) public education;CommentsClose CommentsPermalink





(D) measurement protocols; andCommentsClose CommentsPermalink





(E) identification of energy efficient technologies.CommentsClose CommentsPermalink





(9) Development and implementation of transportation fuel conservation programs, including--CommentsClose CommentsPermalink





(A) promotion of public transit ridership;CommentsClose CommentsPermalink





(B) car pooling;CommentsClose CommentsPermalink





(C) reduction of vehicle miles traveled;CommentsClose CommentsPermalink





(D) increase in trip efficiencies;CommentsClose CommentsPermalink





(E) use of flex time by employers;CommentsClose CommentsPermalink





(F) satellite work centers; andCommentsClose CommentsPermalink





(G) other measures that have the effect of increasing fuel efficiencies and decreasing fuel consumption.CommentsClose CommentsPermalink





(10) Development and implementation of alternative fuel technologies in public fleets that result in significant greenhouse gas emission reductions, including the retrofitting of diesel bus fleets with high technology exhaust filters and the purchase of zero-emission hydrogen fuel cell buses.CommentsClose CommentsPermalink





(11) Development and implementation of alternative fuel infrastructure that results in significant reductions in greenhouse gas emissions.CommentsClose CommentsPermalink





(12) Development and implementation of intelligent transportation systems designed to reduce congestion and related greenhouse gas emissions.CommentsClose CommentsPermalink





(13) Development and implementation of building codes and inspection services for public, commercial, industrial, and single and multifamily residential buildings to promote energy efficiency.CommentsClose CommentsPermalink





(14) Application and implementation of alternative energy and energy distribution technologies that significantly increase energy efficiency and reduce greenhouse gas emissions, including solar, wind, geothermal, district heating and cooling systems, and other renewable energy resources.CommentsClose CommentsPermalink





(15) Development and promotion of land use guidelines or requirements that result in energy efficiency and greenhouse gas emission reductions, including mixed use development, transit-oriented development, active living land use planning, and alternative transportation infrastructure such as bike lanes and pathways, pedestrian-oriented transportation, and parking for alternative forms of transportation.CommentsClose CommentsPermalink





(16) Promotion of greater participation and efficiency rates for material conservation programs, including source reduction, recycling, and recycled content procurement programs that lead to increases in energy efficiency and reductions in greenhouse gas emissions.CommentsClose CommentsPermalink





(17) Establishment of an office to assist in the development and implementation of the Energy Efficiency and Climate Protection Strategy.CommentsClose CommentsPermalink

SEC. 7. INELIGIBLE ACTIVITIES.

Funds provided through a grant under this Act may be not used for the following activities:CommentsClose CommentsPermalink





(1) Purchase or leasing of equipment or vehicles for the private sector.CommentsClose CommentsPermalink





(2) Purchase of pollution control equipment for private electric utilities.CommentsClose CommentsPermalink

SEC. 8. REQUIREMENTS FOR ELIGIBLE UNITS OF LOCAL GOVERNMENT.

(a) Proposed Strategy- Not later than 1 year after being awarded a grant under this Act, an eligible unit of local government shall submit to the Secretary a proposed Energy Efficiency and Climate Protection Strategy which establishes goals for increased energy efficiency and reduction of greenhouse gas emissions in the jurisdiction of the eligible units of local government. The Strategy shall include plans for the use of funds received under the grant to assist the eligible unit of local government in the achievement of such goals, consistent with sections 6 and 7. In developing such a Strategy, an eligible unit of local government shall take into account any plans for the use of funds by adjoining eligible units of local governments funded under this Act.CommentsClose CommentsPermalink





(b) Approval- The Secretary shall approve or disapprove a proposed Strategy submitted under subsection (a) not later than 90 days after receiving it. If the Secretary disapproves a proposed Strategy, the Secretary shall provide to the eligible unit of local government the reasons for such disapproval. The eligible unit of local government may revise and resubmit the Strategy, as many times as required, until approval is granted.CommentsClose CommentsPermalink





(c) Funding for Preparation of Strategy-CommentsClose CommentsPermalink





(1) IN GENERAL- Until the Secretary has approved a proposed Energy Efficiency and Climate Protection Strategy under subsection (b), the Secretary shall only disburse to an eligible unit of local government $200,000 or 20 percent of the grant, whichever is greater, which may be used only for preparation of the Strategy.CommentsClose CommentsPermalink





(2) REMAINDER OF FUNDS- The remainder of an eligible unit of local government's grant funds awarded but not disbursed under paragraph (1) shall remain available and shall be disbursed by the Secretary upon approval of the Strategy.CommentsClose CommentsPermalink





(d) Limitations on Use of Funds- Of the amounts provided through a grant under this Act, an eligible unit of local government may use--CommentsClose CommentsPermalink





(1) not more than 10 percent, or $75,000, whichever is greater, for administrative expenses, not including expenses needed to meet reporting requirements under this Act;CommentsClose CommentsPermalink





(2) not more than 20 percent, or $250,000, whichever is greater, for the establishment of revolving loan funds; andCommentsClose CommentsPermalink





(3) not more than 20 percent, or $250,000, whichever is greater, for subgranting to nongovernmental organizations for the purpose of assisting in the implementation of the Energy Efficiency and Climate Protection Strategy.CommentsClose CommentsPermalink





(e) Annual Report- Not later than 2 years after receipt of the first disbursement of funds from a grant awarded under this Act, and annually thereafter, an eligible unit of local government shall submit a report to the Secretary on the status of the Strategy's development and implementation, and, where practicable, a best available assessment of energy efficiency gains and greenhouse gas reductions within the jurisdiction of the eligible unit of local government.CommentsClose CommentsPermalink

SEC. 9. REQUIREMENTS FOR STATES.

(a) Allocation of Grant Funds- A State receiving a grant under this Act shall use at least 70 percent of the funds received to provide subgrants to units of local government in the State that are not eligible units of local government. The State shall make such subgrant awards not later than 6 months after approval of the State's Strategy under subsection (c).CommentsClose CommentsPermalink





(b) Proposed Strategy- Not later than 120 days the date of enactment of this Act, each State shall submit to the Secretary a proposed Energy Efficiency and Climate Protection Strategy which establishes a process for making subgrants described in subsection (a), and establishes goals for increased energy efficiency and reduction of greenhouse gas emissions in the jurisdiction of the State. The Strategy shall include plans for the use of funds received under a grant under this Act to assist the State in the achievement of such goals, consistent with sections 6 and 7.CommentsClose CommentsPermalink





(c) Approval- The Secretary shall approve or disapprove a proposed Strategy submitted under subsection (b) not later than 90 days after receiving it. If the Secretary disapproves a proposed Strategy, the Secretary shall provide to the State the reasons for such disapproval. The State may revise and resubmit the Strategy, as many times as required, until approval is granted.CommentsClose CommentsPermalink





(d) Funding for Preparation of Strategy-CommentsClose CommentsPermalink





(1) IN GENERAL- Until the Secretary has approved a proposed Energy Efficiency and Climate Protection Strategy under subsection (b), the Secretary shall only disburse to a State $200,000 or 20 percent of the grant, whichever is greater, which may be used only for preparation of the Strategy.CommentsClose CommentsPermalink





(2) REMAINDER OF FUNDS- The remainder of a State's grant funds awarded but not disbursed under paragraph (1) shall remain available and shall be disbursed by the Secretary upon approval of the Strategy.CommentsClose CommentsPermalink





(e) Limitations on Use of Funds- Of the amounts provided through a grant under this Act, a State may use not more than 10 percent for administrative expenses.CommentsClose CommentsPermalink





(f) Annual Reports- A State shall annually report to the Secretary on the development and implementation of its Strategy. Each such report shall include--CommentsClose CommentsPermalink





(1) a status report on the State's subgrant program described in subsection (a);CommentsClose CommentsPermalink





(2) a best available assessment of energy efficiency gains and greenhouse gas reductions achieved through the State's Strategy; andCommentsClose CommentsPermalink





(3) specific energy efficiency and greenhouse gas reduction goals for future years.CommentsClose CommentsPermalink

SEC. 10. REVIEW AND EVALUATION.

The Secretary may review and evaluate the performance of grant recipients, including by performing audits, and may deny funding to such grant recipients for failure to properly adhere to--CommentsClose CommentsPermalink





(1) the Secretary's guidelines and regulations relating to the program under this Act, including the misuse or misappropriation of funds; orCommentsClose CommentsPermalink





(2) the grant recipient's Strategy.CommentsClose CommentsPermalink

SEC. 11. OFFICE OF ENERGY AND ENVIRONMENTAL BLOCK GRANTS.

(a) Establishment- The Secretary shall establish an Office of Energy and Environmental Block Grants to administer the program under this Act. The Director of the Office shall have the title of Assistant Secretary for Energy Efficiency and Climate Protection.CommentsClose CommentsPermalink





(b) State and Local Advisory Committee- The Office shall establish a State and Local Advisory Committee to provide it advice regarding the administration, direction, and evaluation of the program under this Act, and to assist in developing priorities for the Research, Technical Assistance, and Education Program established under section 12.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There are authorized to be appropriated to the Secretary for administrative expenses of the Office established under subsection (a)--CommentsClose CommentsPermalink





(1) $20,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





(2) $20,000,000 for fiscal year 2009;CommentsClose CommentsPermalink





(3) $25,000,000 for fiscal year 2010;CommentsClose CommentsPermalink





(4) $25,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink





(5) $30,000,000 for fiscal year 2012.CommentsClose CommentsPermalink

SEC. 12. RESEARCH, TECHNICAL ASSISTANCE, AND EDUCATION PROGRAM.

(a) Establishment- The Office of Energy and Environmental Block Grants shall establish and carry out a Research, Technical Assistance, and Education Program to provide--CommentsClose CommentsPermalink





(1) technical assistance to State and local governments;CommentsClose CommentsPermalink





(2) public education programs;CommentsClose CommentsPermalink





(3) demonstration of innovative energy efficiency and greenhouse gas reduction systems, technologies, and practices; andCommentsClose CommentsPermalink





(4) research and development of effective measurement methodologies, methods for changing or influencing public participation in energy efficiency and greenhouse gas reduction programs, and other methods to increase public awareness of, and action on, the global warming crisis.CommentsClose CommentsPermalink





(b) Eligible Recipients- Eligible recipients of assistance under this section shall include State and local governments, State and local government associations, public and private nonprofit organizations, and colleges and universities.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There are authorized to be appropriated to the Secretary for carrying out this section $150,000,000 for each of the fiscal years 2008 through 2012.CommentsClose CommentsPermalink

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary for grants under this Act--CommentsClose CommentsPermalink





(1) $4,000,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





(2) $4,000,000,000 for fiscal year 2009;CommentsClose CommentsPermalink





(3) $5,000,000,000 for fiscal year 2010;CommentsClose CommentsPermalink





(4) $5,000,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink





(5) $6,000,000,000 for fiscal year 2012.CommentsClose CommentsPermalink