42 USC 18831 - Grants for energy efficiency improvements and renewable energy improvements at public school facilities

U.S Code last checked for updates: Feb 22, 2025

§ 18831.

Grants for energy efficiency improvements and renewable energy improvements at public school facilities

(a)

Definitions

In this section:

(1)

Alternative fueled vehicle

(2)

Alternative fueled vehicle infrastructure

(3)

Eligible entity

The term “eligible entity” means a consortium of—

(A)

1 local educational agency; and

(B)

1 or more—

(i)

schools;

(ii)

nonprofit organizations that have the knowledge and capacity to partner and assist with energy improvements;

(iii)

for-profit organizations that have the knowledge and capacity to partner and assist with energy improvements; or

(iv)

community partners that have the knowledge and capacity to partner and assist with energy improvements.

(4)

Energy improvement

The term “energy improvement” means—

(A)

any improvement, repair, or renovation to a school that results in a direct reduction in school energy costs, including improvements to the envelope, air conditioning system, ventilation system, heating system, domestic hot water heating system, compressed air system, distribution system, lighting system, power system, and controls of a building;

(B)

any improvement, repair, or renovation to, or installation in, a school that—

(i)

leads to an improvement in teacher and student health, including indoor air quality; and

(ii)

achieves energy savings;

(C)

any improvement, repair, or renovation to a school involving the installation of renewable energy technologies;

(D)

the installation of alternative fueled vehicle infrastructure on school grounds for—

(i)

exclusive use of school buses, school fleets, or students; or

(ii)

the general public; and

(E)

the purchase or lease of alternative fueled vehicles to be used by a school, including school buses, fleet vehicles, and other operational vehicles.

(5)

High school

(6)

Local educational agency

(7)

Nonprofit organization

The term “nonprofit organization” means—

(A)

an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or

(B)

a mutual or cooperative electric company described in section 501(c)(12) of such Code.

(8)

Partnering local educational agency

(b)

Grants

(c)

Applications

(1)

In general

(2)

Contents

The application submitted under paragraph (1) shall include each of the following:

(A)

A needs assessment of the current condition of the school and school facilities that would receive the energy improvements if the application were approved.

(B)

A draft work plan of the intended achievements of the eligible entity at the school.

(C)

A description of the energy improvements that the eligible entity would carry out at the school if the application were approved.

(D)

A description of the capacity of the eligible entity to provide services and comprehensive support to make the energy improvements referred to in subparagraph (C).

(E)

An assessment of the expected needs of the eligible entity for operation and maintenance training funds, and a plan for use of those funds, if applicable.

(F)

An assessment of the expected energy efficiency, energy savings, and safety benefits of the energy improvements.

(G)

A cost estimate of the proposed energy improvements.

(H)

An identification of other resources that are available to carry out the activities for which grant funds are requested under this section, including the availability of utility programs and public benefit funds.

(d)

Priority

(1)

In general

In awarding grants under this section, the Secretary shall give priority to an eligible entity—

(A)

that has renovation, repair, and improvement funding needs;

(B)

(i)

that, as determined by the Secretary, serves a high percentage of students, including students in a high school in accordance with paragraph (2), who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or

(ii)

the partnering local educational agency of which is designated with a school district locale code of 41, 42, or 43, as determined by the National Center for Education Statistics in consultation with the Bureau of the Census; and

(C)

that leverages private sector investment through energy-related performance contracting.

(2)

High school students

(e)

Competitive criteria

The competitive criteria used by the Secretary to award grants under this section shall include the following:

(1)

The extent of the disparity between the fiscal capacity of the eligible entity to carry out energy improvements at school facilities and the needs of the partnering local educational agency for those energy improvements, including consideration of—

(A)

the current and historic ability of the partnering local educational agency to raise funds for construction, renovation, modernization, and major repair projects for schools;

(B)

the ability of the partnering local educational agency to issue bonds or receive other funds to support the current infrastructure needs of the partnering local educational agency for schools; and

(C)

the bond rating of the partnering local educational agency.

(2)

The likelihood that the partnering local educational agency or eligible entity will maintain, in good condition, any school and school facility that is the subject of improvements.

(3)

The potential energy efficiency and safety benefits from the proposed energy improvements.

(f)

Use of grant amounts

(1)

In general

(2)

Operation and maintenance training

(3)

Third-party investigation and analysis

(4)

Continuing education

(g)

Competition in contracting

If an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract, the eligible entity shall be required to ensure that the contract process—

(1)

through full and open competition, ensures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses; and

(2)

gives priority to businesses located in, or resources common to, the State or geographical area in which the repair or renovation under the contract will be carried out.

(h)

Best practices

(i)

Report by eligible entity

An eligible entity receiving a grant under this section shall submit to the Secretary, at such time as the Secretary may require, a report describing—

(1)

the use of the grant funds for energy improvements;

(2)

the estimated cost savings realized by those energy improvements;

(3)

the results of any third-party investigation and analysis conducted relating to those energy improvements;

(4)

the use of any utility programs and public benefit funds; and

(5)

the use of performance tracking for energy improvements, such as—

(A)

the Energy Star program established under section 6294a of this title; or

(B)

the United States Green Building Council Leadership in Energy and Environmental Design (LEED) green building rating system for existing buildings.

(j)

Authorization of appropriations

(Pub. L. 117–58, div. D, title V, § 40541, Nov. 15, 2021, 135 Stat. 1071.)

cite as: 42 USC 18831