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Code · BILL · 118th Congress · S. 4012 (Introduced in Senate) — To provide economic empowerment opportunities in the United States through the modernization of public housing, and f... · Sec. 6

Sec. 6. Green new deal public housing grants

4,464 words·~20 min read·/bill/118/s/4012/is/section-6

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The Secretary, in consultation with the Secretary of Labor, shall establish a grant program that provides amounts to eligible entities to facilitate workforce development projects and high-income employment transition at public housing. In awarding grants under this paragraph, the Secretary shall give preference to applications submitted by— eligible entities described in subparagraph
(B)or
(C)of section 3(1); eligible entities that have formed partnerships with an existing registered apprenticeship, pre-apprenticeship, internship, vocal rehabilitation agency, labor-management partnership, or other partnerships with labor organizations; eligible entities that demonstrate a capacity to facilitate a workforce development program that leads to— the development of career and related skills, including general educational development support and financial and economic empowerment education; direct entry to registered apprenticeship programs; certification or associate degree acquisition; technical assistance and resources for subsidized housing resident-owned businesses for purposes of compliance with the requirements under section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ), including— legal or compliance services on behalf of subsidized housing resident-owned businesses for purposes of helping them access and apply for government procurement and contracting opportunities; education on starting and sustaining a business; accessing insurance and bonds; and demonstrating capacity and sustainable operations; training and development of skills necessary for career development in the fields, trades, and services reasonably determined during the first public comment period held in accordance with subsection (b)(3) to be of interest to public housing residents; educational and organizational tools for public housing residents in order to advance the models of worker cooperatives and collective bargaining; education, engagement, and empowerment resources to help both residents of public housing and local low- and very low-income individuals avail themselves of opportunities made available under the workforce development program, including education, engagement, and empowerment resources provided in partnership with— a local entity that operates a Family Self-Sufficiency program under section 23 of the United States Housing Act of 1937 ( 42 U.S.C. 1437u ); and community-based organizations that demonstrate a commitment to and history of organizing with public housing residents; innovative design partnerships with local schools and architectural firms; training and employment opportunities reserved specifically for local low- and very low-income people that were formerly incarcerated; stipends valued at not less than $250 per week to individuals participating in the workforce development program; and childcare and financial literacy courses for individuals participating in the workforce development program; and eligible entities in the construction or maintenance sector seeking to carry out a project to develop pre-apprenticeships that prepare individuals for acceptance into registered programs in that sector, as well as technical and vocational colleges. Not more than 10 percent of the amount of a grant received by an eligible entity under this paragraph may be used by an eligible entity to hire or otherwise retain reporting and compliance managers with sufficient expertise to ensure that the eligible entity can comply with the requirements of section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ). In addition to the eligible entities described in section 3(1), the following shall be eligible for grants under this paragraph: An organization that has demonstrated effectiveness in providing adult education and literacy activities, which may include— a local educational agency; a community-based organization or faith-based organization; a volunteer literacy organization; an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); a public or private nonprofit agency; a library; a public housing authority; a nonprofit institution that is not described in any of subclauses
(I)through
(VII)and has the ability to provide adult education and literacy activities to eligible individuals; a consortium or coalition of the agencies, organizations, institutions, libraries, or authorities described in any of subclauses
(I)through (VII); and a partnership between an employer and an entity described in any of subclauses
(I)through (VIII). Labor organizations. Nonprofit organizations. The Secretary shall partner with the Secretary of Labor to develop all grants in this section, in particular— gathering expertise and providing guidance on worker training funds; and ensuring that work requirements do not become a condition of accessing public housing. The Secretary shall establish a grant program that provides amounts to eligible entities for the eligible activities described in subparagraph (B). The eligible activities described in this subparagraph are— conducting physical needs assessments and subsequent deep energy retrofits in public housing, including— retrofits for— energy-efficient windows; super insulation of roofs and exterior walls, including the addition of new cladding to buildings and the rerouting of plumbing and electricity; electrification of water heating and building heating systems using electric heat pumps; and electric heat pumps to provide air conditioning, where feasible; strategies to increase airtightness of building envelope, including air sealant paints; and acquisition and installation of heat-recovery ventilation systems; repairs and upgrades to public housing to ensure compliance with the physical condition standards under section 5.703 of title 24, Code of Federal Regulations, or any successor regulation; upgrading, replacing, and improving public housing to energy efficiency, building electrification, including— conducting physical needs assessments of public housing dwelling units; in-unit energy efficiency product upgrades, including upgrading to— modern, energy-efficient insulation; all-electric state-of-the-art efficient appliances; energy-efficient bathroom plumbing, including low-flow toilets; energy-efficient laundry machines; energy-efficient air filters; energy monitoring devices including smart meters and smart thermostats; energy-efficient lightbulbs; highly insulated windows; reflective roofing; smart Supervisory Control and Data Acquisition systems and building-to-grid integration; and passive cooling measures; upgrading infrastructure related to building electrification, including upgrading— electric heating, ventilation, and air conditioning systems, including cold-climate heat pumps; electrical panels; electric appliances to replace appliances reliant on fossil fuels, such as gas stoves and hot water heaters; and related infrastructure, including flooring, walls, and roofs, that is necessary to complete before electrification upgrades can occur; and water quality upgrades, including replacing water pipes in public housing if a quality test of drinking water concentrations in public housing exceeds— 1 part per billion of lead; 4.0 parts per trillion of perfluorooctanoic acid; 4.0 parts per trillion of perfluorooctane sulfonate; a combined Hazard Index of 1.0, as described in the proposed rule of the Environmental Protection Agency entitled, Per- and polyfluroalkyl substances (PFAS): Perflurooctanoic acid
(PFOA)and Perflurorooctanesulfonic acid
(PFOS)National Primary Drinking Water Regulation Rulemaking (88 Fed. Reg. 18638; March 29, 2023); 4.0 parts per trillion of arsenic; 0.3 parts per million of copper; drinking water standards of the Environmental Protection Agency for organic and inorganic contaminants, radionuclides, and microbiological contaminants; and any other Environmental Protection Agency standard adopted under the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); building, expanding, and maintaining community energy generation in public housing, including the construction of and ongoing costs associated with— renewable energy rooftops; renewable energy generation; photovoltaic glass windows; the bulk purchase of clean energy grid supply from energy utilities; and community-scale energy storage systems; establishing or expanding recycling and zero-waste programs in public housing, including the recycling of appliances and machines that were replaced through activities described in clause (iii); community resilience and sustainability projects in public housing, including— the purchase and installation of energy storage, including batteries, flywheels, compressed air, and pumped hydroelectric or thermal energy storage, in order to ensure energy backup of not less than 48 hours in the event of an emergency or disaster; the construction of childcare centers and ongoing costs associated with childcare centers; the construction of senior centers and ongoing costs associated with senior centers; the construction of community gardens and ongoing costs associated with community gardens; the maintenance of entire public housing developments; the installation of publicly owned high speed internet in order to provide universal internet access for all residents with an upload speed of not less than 100Mbps and a download speed of not less than 100Mbps, and the ongoing costs associated with providing that internet infrastructure and access; the establishment or improvement, and painting, of community centers and other shared community spaces, the personnel of which shall earn the higher of— the local prevailing wage; or a wage of $17 per hour; the establishment or improvement of dedicated infrastructure for transportation by bicycle, including lanes, parking spots, and the bulk purchase of enough bicycles to offer 1 bicycle to every low- and very low-income public housing resident; the deployment of electric vehicle charging infrastructure for public housing residents and visitors; and the establishment and leasing of commercial activity that offers public housing residents on-site access to goods and services, including good-quality healthcare clinics, dental clinics, bookstores, learning and tutoring centers, and affordable organic groceries; and construction and ongoing costs associated with climate adaptation and emergency disaster response for public housing, including— integrated solutions that combine better walls, heating, cooling, ventilation, solar, and storage into a single easy-to-install and affordable retrofit for public housing; additional solar and storage on site, or through a local community microgrid, in order to allow residents to access essential energy during power outages; insulating and eliminating air leakage in order to ensure that individual dwelling units can retain a safe temperature during a power outage until power is restored or emergency assistance arrives; and installing rigid foam wall insulation in hurricane and earthquake-prone areas in order to create shear walls to resist structural damage from walls tilting or falling during high winds and earthquakes. As a condition of receiving a grant under subsection (a), each eligible entity shall include in the grant application submitted to the Secretary— a signed acknowledgment indicating a commitment to transition all public housing owned or managed by the eligible entity into zero-carbon homes not later than 10 years after the date on which the eligible entity receives the grant; a signed acknowledgment indicating a commitment to hiring, training, and retaining needed public housing agency employees associated with the activities of the grant; a full accounting, including pre-approved financing plans and post-completion expense reports, of the amount of funds required to complete the activities under the grant, under enforcement by the Secretary, which shall— be complete and reasonably calculated to accomplish the purposes of this Act; include costs related to complying with local wage and labor laws; include the amount of funds expended by the eligible entity to comply with the resident and community engagement requirements under paragraph (3); and be updated and submitted to Congress on a quarterly basis; and include a 10-year decarbonization plan meeting decarbonization requirements determined by the Secretary; a community impact assessment and analysis of— the likely direct and indirect impact the grant funds, if awarded, will have on the economic empowerment and social mobility of environmental justice communities; and whether the proposed actions to be taken under the grant would be affirmatively furthering fair housing, as defined in section 5.152 of title 24, Code of Federal Regulations, or any successor regulation; the written concurrence of any local labor organization representing employees of the eligible entity who are engaged in the same or substantially similar work that is proposed to be carried out does not displace or supplant the work performed by those represented employees; a certification that none of the funds under the grant shall be used for prohibited purposes, including— any activity that is subject to the reporting requirements set forth in section 203(a) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 433(a) ); to abrogate a collective bargaining agreement; or to replace an employee who is on strike or who is being locked out; and a plan to expand accessibility for persons with disabilities to full compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and that all projects shall at least meet the new construction standards of title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ). Before submitting an application for a grant under this subsection, an eligible entity shall— solicit and consider community and public feedback, to the maximum extent possible, by providing for opportunities to comment via an in-person accessible location with interpretation available, as well as via a cloud-based content collaboration provider that is certified by the Federal Risk and Authorization Management Program, and that comply with the most recent final version of the Web Content Accessibility Guidelines, through— an initial public comment period, for which the eligible entity shall— publish— a description of each of the grant programs established under subsection (a); and a form to be used to submit comments that complies with public notice standards and the public comment requirements in the consolidated plan of the Department of Housing and Urban Development; and give interested persons 90 days to— submit draft text directly into the application; submit written data and accounting estimates; and submit general comments; a second public comment period beginning not later than 30 days after the end of the initial public comment period under clause (i), for which the eligible entity shall— publish a draft version of the completed common application form described in subsection
(a)that contains, at a minimum— a short analysis and evaluation of the relevant significant proposals set forth during the initial public comment period; and a clear and concise statement of the basis, purpose, and goals of the application; and give interested persons 30 days to submit feedback on and recommended improvements to the draft final grant application; host not less than 2 public hearings, which shall be recorded and held at a convenient and accessible location with interpretation available for public housing residents, for each public comment period described in subparagraph (A), to provide public housing residents with an opportunity to comment, with not less than 1 occurring in the afternoon and not less than 1 occurring in the evening; solicit input and acquire signed approval of the completed common application form from the resident council or resident councils, if existing and active, of the public housing that will receive assistance under the grant; and solicit input and acquire signed approval of the complete common application from any local labor organization representing employees of the eligible entity that will receive assistance under the grant, to ensure compliance with existing collective bargaining agreement and to ensure that grants funds will not be used to displace or supplant existing staff, positions, or vacancies. In reviewing applications for grants to carry out activities described in subsection (a)(2)(B)(iv), the Secretary shall give preference to applications submitted by eligible entities that— demonstrate an ability to generate the greatest amount of renewable energy that can be consumed by public housing projects and transferred to the local energy grid; and demonstrate a commitment to provide job training and contracting opportunities to public housing residents and subsidized housing resident-owned businesses. Any eligible entity described in section 3(2) that submits an application for a grant program described in this subsection— is exempt from compliance with subclauses (I), (II), and
(III)of paragraph (2)(A)(i) and paragraph (2)(A)(ii)(I); and is empowered to self-determine guidelines and standards pertaining to ensuring community and resident engagement. An application for a grant under subsection
(a)for an Indian tribe may be prepared and submitted on behalf of the Indian tribe by the tribally designated housing entity for the Indian tribe, if the application contains a certification by the recognized tribal government of the grant beneficiary that the Indian tribe— has had an opportunity to review the application and has authorized the submission of the application by the tribally designated housing entity; or has delegated to the tribally designated housing entity the authority to submit an application on behalf of the Indian tribe without prior review by the Indian tribe. An eligible entity desiring a grant to carry out activities described in subsection (a)(2)(B)(ii) shall include in the grant application a commitment to benchmarking energy and water consumption using ENERGY STAR Portfolio Manager, or another system approved by the Department of Housing and Urban Development, for a period of not less than 5 years beginning on the date on which the eligible entity receives the grant. If an eligible entity submits to the Secretary an application for a grant under subsection
(a)that complies with the requirements under subsection (b), the Secretary shall award the funds to the eligible entity that are required to complete the grant, as specified in the accounting submitted under subsection (b)(2)(C). If the Secretary determines that an application submitted by an eligible entity under this section does not comply with the requirements under subsection (b)— the Secretary shall provide to the eligible entity a summary of the requirements that the eligible entity has failed to meet; and the eligible entity may reapply for the grant. The Secretary shall ensure a timely review of applications submitted by eligible entities that own or manage public housing in a congressional district— with an aggregate total of not less than 5,000 public housing residents; in which— not less than 40 percent of the residents are not less than 62 years old; not less than 25 percent of the residents are disabled; or not less than 5 percent of all heads of household are not more than 24 years old; or with an average household income of less than $40,000. An eligible entity shall use not more than 5 percent of grant funds received under this section for activities to expand the capacity of the eligible entity to carry out the grant activities, including— hiring staff; training residents for staff positions; providing technical assistance; community engagement; and other necessary administrative activities. Each eligible entity that is the recipient of a grant under subsection
(a)shall— comply with the requirements under part 24 of title 49, Code of Federal Regulations, and provide relocation assistance for any and all residents of public housing managed by the eligible entity who may be displaced during rehabilitation or new construction, and ensure that all temporarily displaced residents can return to their homes once retrofitting is completed; provide robust temporary relocation assistance and alternate housing options in cases where phased improvements temporarily prevent tenant occupancy; ensure that activities undertaken as part of the grant do not result in a reduction of total public housing dwelling units; and to the greatest extent practicable, complete construction, modernization, or retrofitting of replacement dwellings prior to demolishing existing public housing units. With respect to any energy produced by an eligible entity carrying out activities described in subsection (a)(2)(B)(iii), the eligible entity may retain 90 percent of any profits earned from selling the energy. An eligible entity described paragraph
(1)with not less than 50 public housing dwelling units shall provide residents of the public housing the opportunity to vote on how the profits earned under paragraph
(1)shall be used. Any profits not retained under this subsection shall be transferred to the Department of the Treasury for deposit in the General Fund. In carrying out grant activities under this section, each contractor or subcontractor for a project funded under this section shall carry out the following: Ensure that the materials used by the contractor or subcontractor are substantially manufactured, mined, and produced in the United States in accordance with chapter 83 of title 41, United States Code (commonly known as the Buy American Act ). Ensure that all laborers and mechanics employed by the contractor or subcontractor in the performance of construction, alteration, or repair work financed in whole or in part with assistance 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 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ). With respect to the labor standards in this subparagraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. With respect to a project that costs not less than $25,000,000, consent to a project labor agreement. Require each project labor agreement to be in compliance with the hiring and contracting requirements described in subsections
(c)and
(d)of section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ). Not hire employees through a temporary staffing agency unless the relevant State workforce agency certifies that temporary employees are necessary to address an acute, short-term labor demand. Adopt— an explicit policy on any issue involving the organization of employees of the eligible entity, or contractor or subcontractor, and all contractors and subcontractors, for purposes of collective bargaining not to deter employees with respect to— labor organizing for the employees engaged in activities under the grant; and such employees’ choice to form and join labor organizations; and such policies that require— the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); that such employees are, at the beginning of their employment, provided notice and information regarding the employees’ rights under such Act; and the employer to voluntarily recognize a union in cases where a majority of such workers of the employer have joined and requested representation. For each project employing union workers to rehabilitate, upgrade, innovate and transition public housing developments, demonstrate an ability to use and to commit to use individuals enrolled in a registered apprenticeship program who shall, to the greatest extent practicable, constitute not less than 20 percent of the individuals working on the project. Not require mandatory arbitration for any dispute involving a worker engaged in a service for the contractor or subcontractor. Consider an individual performing any service under the grant as an employee, and not an independent contractor, of the contractor or subcontractor, respectively, unless— the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact; the service is performed outside the usual course of the business of the contractor or subcontractor, respectively; and the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. Ensure that all laborers, mechanics, and other workers employed by the contractor or subcontractor shall not displace or supplant an employee or position of the eligible entity, including partial displacement such as a reduction in hours, wages, or employment benefits, as a result of receiving a grant under this section. A third party, including a State or local government, may bring an action in any court of competent jurisdiction to enforce the requirement under paragraph (1)(I). The Secretary shall— consult with the Secretary of Energy— in developing criteria and assessing applications for grants under subsection (a); and to identify and verify state-of-the-art building materials and appliances, made in the United States, that can be procured at scale for purposes of this Act; consult with the Secretary of the Treasury to track alternative energy revenues that are returned to the Department of the Treasury under subsection (f)(4); consult with the Administrator of the Environmental Protection Agency— in developing criteria and assessing applications for grants under of subsection (a)(2); regarding testing air quality and water quality for purposes of grant activities described in subsection (a)(2)(B)(ii); and regarding testing soil quality for radon and other contaminants for purposes of grant activities described in subsection (a)(2)(B); consult with the Secretary of Education in developing criteria and assessing applications for grants under subsection (a)(1); consult with the Secretary of Labor in developing criteria and assessing applications for grants under subsection (a)(1); consult with the Administrator of the Small Business Administration in developing criteria and assessing applications for grants under subsection (a); consult with the Secretary of Health and Human Services— in developing criteria and assessing applications for grants under subsection (a)(2); and regarding health trends related to all illnesses that disproportionately impact low-income people; consult with the Administrator of the Federal Emergency Management Agency in developing criteria and assessing applications for grants under subsection (a)(2); consult with the Secretary of the Interior to develop criteria and assess applications for grants under subsection (a)(2); and consult with any entity described in paragraphs
(1)through
(9)for any other purpose as determined necessary by the Secretary to carry out this section and the purposes of this Act. The Secretary shall submit to Congress biannual reports on the impact that the grant programs established under subsection
(a)have had on— the rehabilitation, upgrades, innovation, and transition of public housing in the United States; total greenhouse gas emission output, and quarterly data on greenhouse gas emission reductions from individual public housing developments, specifically as they relate to— home energy carbon pollution emissions in each public housing development, as calculated using the Carbon Footprint Calculator from the Environmental Protection Agency; waste-related carbon emissions in each public housing development, as calculated using the Carbon Footprint Calculator from the Environmental Protection Agency; and total greenhouse gas emissions released by individual public housing buildings and homes within a public housing development, as calculated using the Greenhouse Gas Equivalencies Calculator from the Environmental Protection Agency; the amount of Federal money saved due to energy cost savings at public housing projects, on a quarterly basis; the amount of energy savings per KwH at each public housing project, on a quarterly basis; public housing residents, including— access to economic opportunities through compliance with the hiring and contracting requirements described in subsections
(c)and
(d)of section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ); the impacts, if any, those residents have experienced due to displacement and instability; the impacts, if any, those residents have experienced to their individual economic growth as measured by individual and household income; the specific career skills acquired; the impacts, if any, those residents have experienced to their overall health; and the specific educational or technical certifications acquired; and changes to the overall community health indicators in public housing developments and their surrounding neighborhoods, including asthma rates, air quality, water quality, and levels of lead and mold. As a condition of receipt of a grant under this section, the Secretary shall require the placement of a dwelling unit under subsection
(d)or
(e)of 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437g ) in perpetuity. Out of funds in the Treasury not otherwise appropriated, there are appropriated to carry out this section— such sums as necessary to address the existing public housing capital backlog at the Department of Housing and Urban Development; such sums as may be necessary for each of fiscal years 2024 through 2034; and $1,000,000,000, to remain available until expended, for administrative costs relating to carrying out this section, including providing technical assistance to grant applicants.
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