I
119THCONGRESS
1
STSESSION H. R. 1449
To direct the Secretary of Energy to carry out a grant program to improve
the energy resilience, energy democracy, and security of communities,
prioritizing environmental justice communities, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY21, 2025
Ms. B
ARRAGA´N(for herself, Ms. CLARKEof New York, Mr. JOHNSONof Geor-
gia, Mr. C
LEAVER, Mr. CARSON, Mr. CARTERof Louisiana, Ms.
B
ONAMICI, Mr. KHANNA, Ms. TLAIB, Mr. COHEN, Mr. TONKO, Mr.
M
ULLIN, Ms. NORTON, Mr. NADLER, Ms. STANSBURY, Ms. JAYAPAL, Ms.
S
CANLON, Mr. GRIJALVA, Mr. CASE, Mr. HUFFMAN, Mr. MOSKOWITZ,
Ms. T
OKUDA, Ms. OCASIO-CORTEZ, Mr. QUIGLEY, Mr. THANEDAR, Ms.
S
ALINAS, Ms. PINGREE, Mr. OLSZEWSKI, Ms. CASTORof Florida, Ms.
A
NSARI, and Ms. MATSUI) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce, and in addition to
the Committee on Science, Space, and Technology, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
A BILL
To direct the Secretary of Energy to carry out a grant
program to improve the energy resilience, energy democ-
racy, and security of communities, prioritizing environ-
mental justice communities, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
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SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Energy Resilient Com-2
munities Act’’. 3
SEC. 2. CLEAN ENERGY MICROGRID GRANT PROGRAM. 4
(a) I
NGENERAL.—The Secretary of Energy shall es-5
tablish and carry out a program to provide grants to eligi-6
ble entities. 7
(b) U
SE OFFUNDS.—An eligible entity may use a 8
grant provided under the program established pursuant to 9
subsection (a) to— 10
(1) obtain technical assistance to— 11
(A) upgrade building codes and standards 12
for resiliency to climate change hazards (includ-13
ing wildfires, flooding, sea level rise, landslides, 14
drought, storms, temperature extremes, and 15
other extreme weather events); 16
(B) develop a FEMA Hazard Mitigation 17
Plan to identify and overcome known climate 18
change hazards to critical community infra-19
structure; or 20
(C) conduct a needs assessment of prospec-21
tive clean energy microgrid projects and, as ap-22
plicable, design prospective clean energy 23
microgrids, including assistance to address per-24
mitting and siting challenges, understand and 25
facilitate financing options, and understand the 26
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technical characteristics of clean energy 1
microgrids; 2
(2) provide community outreach and collabo-3
rative planning with respect to a prospective project 4
described in paragraph (3); or 5
(3) carry out a project to develop and con-6
struct— 7
(A) a clean energy microgrid that supports 8
critical community infrastructure; or 9
(B) a clean energy microgrid for residences 10
of medical baseline customers. 11
(c) P
RIORITY.— 12
(1) I
N GENERAL.—In providing grants under 13
the program established pursuant to subsection (a), 14
the Secretary of Energy shall give priority to an eli-15
gible entity that proposes to use a grant to obtain 16
technical assistance described in subsection (b)(1), 17
provide outreach described in subsection (b)(2), or 18
carry out a project described in subsection (b)(3), 19
that will benefit an environmental justice commu-20
nity. 21
(2) T
ECHNICAL ASSISTANCE AND COMMUNITY 22
OUTREACH GRANTS .—After priority given under 23
paragraph (1), in providing grants to obtain tech-24
nical assistance described in subsection (b)(1) or 25
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provide outreach described in subsection (b)(2), the 1
Secretary of Energy shall give priority to an eligible 2
entity proposing to obtain technical assistance or 3
provide outreach that the Secretary of Energy deter-4
mines will further the development of clean energy 5
microgrids that are community-owned energy sys-6
tems. 7
(3) C
LEAN ENERGY MICROGRID GRANTS .—After 8
priority given under paragraph (1), in providing 9
grants under the program established pursuant to 10
subsection (a) for projects described in subsection 11
(b)(3), the Secretary of Energy shall give priority to 12
an eligible entity that— 13
(A) proposes to develop and construct a 14
clean energy microgrid that, in comparison to 15
other clean energy microgrids for which grants 16
are sought under such program, will result in 17
the greatest reduction— 18
(i) of greenhouse gas emissions; 19
(ii) of emissions of criteria air pollut-20
ants; 21
(iii) in public health disparities in 22
communities experiencing a dispropor-23
tionate level of air pollution; or 24
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(iv) in the energy cost burden for 1
communities; 2
(B) proposes to develop and construct a 3
clean energy microgrid that is a community- 4
owned energy system; 5
(C) proposes to develop and construct a 6
clean energy microgrid that, in comparison to 7
other clean energy microgrids for which grants 8
are sought under such program, will provide the 9
greatest amount of resiliency benefits to a juris-10
diction in which the microgrid is located; 11
(D) proposes to develop and construct a 12
clean energy microgrid that minimizes land use 13
impacts by— 14
(i) siting sources of clean energy with-15
in the already-built environment, including 16
over rooftops and parking lots; 17
(ii) siting sources of clean energy on 18
existing brownfield sites or contaminated 19
sites; 20
(iii) co-locating sources of clean en-21
ergy on agricultural lands or over res-22
ervoirs; or 23
(iv) siting sources of clean energy on 24
compatible lands; 25
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(E) proposes to, in developing and con-1
structing a clean energy microgrid, utilize or in-2
volve small businesses or nonprofits that pri-3
marily operate or are located within environ-4
mental justice communities, particularly those 5
that are women-owned and operated or minor-6
ity-owned and operated; 7
(F) has previously received a grant to ob-8
tain technical assistance under such program; 9
(G) imposes registered apprentice utiliza-10
tion requirements on projects, provided that 11
such requirements comply with the apprentice 12
to journey worker ratios established by the De-13
partment of Labor or the applicable State Ap-14
prenticeship Agency; or 15
(H) proposes to develop and construct a 16
clean energy microgrid in an area designated 17
nonattainment and classified as an Extreme 18
Area or Severe Area for one or more criteria air 19
pollutants. 20
(d) E
DUCATIONALOUTREACHPROGRAM.— 21
(1) I
N GENERAL.—Not later than 90 days after 22
funds are made available to carry out this section, 23
the Secretary of Energy shall develop and carry out 24
an educational outreach program to inform eligible 25
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entities about the program established pursuant to 1
subsection (a). 2
(2) C
ONTRACTS.—The Secretary of Energy 3
may enter into third-party contracts to implement 4
the educational outreach program under paragraph 5
(1). In entering into contracts pursuant to this para-6
graph, the Secretary shall prioritize entering into 7
contracts with women-owned and operated or minor-8
ity-owned and operated entities. 9
(3) P
RIORITY.—The educational outreach pro-10
gram under paragraph (1) shall prioritize— 11
(A) providing information on the program 12
established pursuant to subsection (a) to eligi-13
ble entities that serve an environmental justice 14
community and to environmental justice com-15
munities; and 16
(B) promoting public understanding of the 17
community benefits of clean energy microgrids 18
for critical community infrastructure. 19
(e) C
OSTSHARE.— 20
(1) I
N GENERAL.—Except as provided in para-21
graph (2), the Federal share of the cost of technical 22
assistance, outreach, or a project for which a grant 23
is provided pursuant to the program established pur-24
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suant to subsection (a) shall not exceed 60 percent 1
of such cost. 2
(2) E
NVIRONMENTAL JUSTICE COMMUNITY .— 3
The Federal share of the cost of technical assistance 4
that is obtained for, outreach that is provided to, or 5
a project that is carried out in, an environmental 6
justice community, and for which a grant is provided 7
pursuant to the program established pursuant to 8
subsection (a) shall not exceed 90 percent of such 9
cost. 10
(f) L
IMITATION ON AMOUNT.—The amount of a 11
grant provided to an eligible entity under this section to 12
carry out a project described in subsection (b)(3) may not 13
exceed $10,000,000. 14
(g) U
SE OFAMERICANIRON, STEEL, ANDMANUFAC-15
TUREDGOODS.— 16
(1) No funds authorized under this section shall 17
be made available with respect to a project unless all 18
of the iron, steel, and manufactured goods used in 19
the project are produced in the United States. 20
(2) Paragraph (1) shall not apply in any case 21
or category of cases in which the Secretary of En-22
ergy finds that— 23
(A) applying paragraph (1) would be in-24
consistent with the public interest; 25
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(B) iron, steel, and the relevant manufac-1
tured goods are not produced in the United 2
States in sufficient and reasonably available 3
quantities and of a satisfactory quality; or 4
(C) inclusion of iron, steel, and manufac-5
tured goods produced in the United States will 6
increase the cost of the overall project by more 7
than 25 percent. 8
(3) If the Secretary of Energy receives a re-9
quest for a waiver under this subsection, the Sec-10
retary shall make available to the public on an infor-11
mal basis a copy of the request and information 12
available to the Secretary concerning the request, 13
and shall allow for informal public input on the re-14
quest for at least 15 days prior to making a finding 15
based on the request. The Secretary shall make the 16
request and accompanying information available by 17
electronic means, including on the official public 18
website of the Department of Energy. 19
(4) This subsection shall be applied in a man-20
ner consistent with the United States obligations 21
under international agreements. 22
(h) P
REVAILINGWAGES.—All laborers and mechan-23
ics employed by contractors or subcontractors in the per-24
formance of construction, alteration, or repair work as-25
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sisted, in whole or in part, by a grant under this section 1
shall be paid wages at rates not less than those prevailing 2
on similar construction in the locality as determined by 3
the Secretary of Labor in accordance with subchapter IV 4
of chapter 31 of title 40, United States Code. With respect 5
to the labor standards in this subsection, the Secretary 6
of Labor shall have the authority and functions set forth 7
in Reorganization Plan Numbered 14 of 1950 (64 Stat. 8
1267; 5 U.S.C. App.) and section 3145 of title 40, United 9
States Code. 10
(i) P
ROJECTLABOR.—An eligible entity that uses a 11
grant provided under this section to construct a clean en-12
ergy microgrid shall ensure, to the greatest extent prac-13
ticable, that any subgrantee of such eligible entity, and 14
any subgrantee thereof, that carries out such construction 15
employs at least 40 percent of laborers or mechanics for 16
such construction that are individuals who— 17
(1) are domiciled, if the applicable construction 18
area is— 19
(A) a major urban area, not further than 20
15 miles from such construction area; or 21
(B) not a major urban area, not further 22
than 50 miles from such construction area; 23
(2) are displaced and unemployed energy work-24
ers; 25
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(3) are members of the Armed Forces serving 1
on active duty, separated from active duty, or retired 2
from active duty; 3
(4) have been incarcerated or served time in a 4
juvenile or adult detention or correctional facility, or 5
been placed on probation, community supervision, or 6
in a diversion scheme; 7
(5) have a disability; 8
(6) are homeless; 9
(7) are receiving public assistance; 10
(8) lack a general education diploma or high 11
school diploma; 12
(9) are emancipated from the foster care sys-13
tem; 14
(10) reside or work in an environmental justice 15
community; or 16
(11) are registered apprentices with fewer than 17
15 percent of the required graduating apprentice 18
hours in a program. 19
(j) R
EPORTS.—The Secretary of Energy shall submit 20
to Congress, and make available on the public website of 21
the Department of Energy, an annual report on the pro-22
gram established pursuant to subsection (a) that includes, 23
with respect to the previous year— 24
(1) the number of grants provided; 25
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(2) the total dollar amount of all grants pro-1
vided; 2
(3) a list of grant disbursements by State; 3
(4) for each grant provided— 4
(A) a description of the technical assist-5
ance obtained, outreach provided, or project 6
carried out with grants funds; and 7
(B) whether the grant is provided to obtain 8
technical assistance, provide outreach, or carry 9
out a project with respect to an environmental 10
justice community; and 11
(5) for each grant provided to carry out a clean 12
energy microgrid project— 13
(A) employment data for such project, in-14
cluding the number of jobs created and what 15
percent of laborers and mechanics hired for 16
such project meet the criteria under subsection 17
(i); 18
(B) the greenhouse gas and criteria air 19
pollutant reduction impacts for such project; 20
(C) the public health benefits from such 21
project; and 22
(D) the reduced energy cost burden from 23
such project. 24
(k) F
UNDING.— 25
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(1) AUTHORIZATION OF APPROPRIATIONS .—For 1
each of fiscal years 2025 through 2034, there is au-2
thorized to be appropriated— 3
(A) $50,000,000 for grants for technical 4
assistance described in subsection (b)(1) and 5
outreach described in subsection (b)(2); and 6
(B) $1,500,000,000 for grants for projects 7
described in subsection (b)(3). 8
(2) C
OMMUNITY-OWNED ENERGY SYSTEMS .— 9
To the maximum extent practicable, not less than 10 10
percent of the amount appropriated under para-11
graph (1)(B) for any fiscal year shall be used to pro-12
vide grants for projects to develop and construct 13
clean energy microgrids that are community-owned 14
energy systems. 15
(3) A
DMINISTRATIVE EXPENSES .— 16
(A) T
ECHNICAL ASSISTANCE AND OUT -17
REACH.—The Secretary may use not more than 18
2 percent of the amount appropriated for any 19
fiscal year under paragraph (1)(A) for adminis-20
trative expenses. 21
(B) C
LEAN ENERGY MICROGRID 22
PROJECTS.—The Secretary may use not more 23
than 2 percent of the amount appropriated for 24
any fiscal year under paragraph (1)(B) for ad-25
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ministrative expenses, including expenses for 1
carrying out the educational outreach program 2
under subsection (d). 3
(l) D
EFINITIONS.—In this section: 4
(1) C
LEAN ENERGY.—The term ‘‘clean energy’’ 5
means electric energy generated from solar, wind, 6
geothermal, existing hydropower, micro-hydropower, 7
hydrokinetic, or hydrogen fuel cells. 8
(2) C
OMMUNITY OF COLOR .—The term ‘‘com-9
munity of color’’ means a geographically distinct 10
area in which the population of any of the following 11
categories of individuals is higher than the average 12
populations of that category for the State in which 13
the community is located: 14
(A) Black. 15
(B) African American. 16
(C) Asian. 17
(D) Pacific Islander. 18
(E) Other non-White race. 19
(F) Non-White Hispanic. 20
(G) Latino. 21
(H) Linguistically isolated. 22
(3) C
OMMUNITY-OWNED ENERGY SYSTEM .— 23
The term ‘‘community-owned energy system’’ means 24
an energy system owned— 25
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(A) by the local government where the sys-1
tem is located; 2
(B) by a nonprofit organization that is 3
based in the local jurisdiction where the energy 4
system is located; 5
(C) collectively, by community members; or 6
(D) by a worker-owned or community- 7
owned for-profit entity. 8
(4) C
OMPATIBLE LAND.—The term ‘‘compatible 9
land’’ means land that is at least 5 miles away from 10
existing protected areas and within 3 miles of exist-11
ing transmission infrastructure. 12
(5) C
RITICAL COMMUNITY INFRASTRUCTURE .— 13
The term ‘‘critical community infrastructure’’ means 14
infrastructure that is necessary to providing vital 15
community and individual functions, including— 16
(A) schools; 17
(B) town halls; 18
(C) public safety facilities; 19
(D) hospitals; 20
(E) health clinics; 21
(F) community centers; 22
(G) community nonprofit facilities pro-23
viding essential services; 24
(H) libraries; 25
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(I) grocery stores; 1
(J) emergency management facilities; 2
(K) water systems; 3
(L) homeless shelters; 4
(M) senior housing; and 5
(N) public or affordable housing. 6
(6) E
LIGIBLE ENTITY.—The term ‘‘eligible enti-7
ty’’ means— 8
(A) a State, territory of the United States, 9
or Tribal agency; 10
(B) a local government or political subdivi-11
sion of a State, including a municipally owned 12
electric utility and an agency, authority, cor-13
poration, or instrumentality of a State or In-14
dian Tribe; 15
(C) an electric utility; 16
(D) a nonprofit organization; or 17
(E) a partnership between— 18
(i) a private entity, or a nonprofit or-19
ganization, that owns critical community 20
infrastructure; and 21
(ii) a State, territory of the United 22
States, Tribal agency, or local government. 23
(7) E
NVIRONMENTAL JUSTICE COMMUNITY .— 24
The term ‘‘environmental justice community’’ means 25
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a community with significant representation of com-1
munities of color, low-income communities, or Tribal 2
and indigenous communities, that experiences, or is 3
at risk of experiencing, higher or more adverse 4
human health or environmental effects. 5
(8) L
OW-INCOME COMMUNITY .—The term ‘‘low- 6
income community’’ means any census block group 7
in which 30 percent or more of the population are 8
individuals with an annual household income equal 9
to, or less than, the greater of— 10
(A) an amount equal to 80 percent of the 11
median income of the area in which the house-12
hold is located, as reported by the Department 13
of Housing and Urban Development; and 14
(B) 200 percent of the Federal poverty 15
line. 16
(9) M
AJOR URBAN AREA .—The term ‘‘major 17
urban area’’ means a metropolitan statistical area 18
within the United States with an estimated popu-19
lation that is greater than or equal to 1,500,000. 20
(10) M
EDICAL BASELINE CUSTOMER .—The 21
term ‘‘medical baseline customer’’ means a customer 22
of an electric utility with special energy needs due 23
to a medical condition, including energy needs for— 24
(A) a motorized wheelchair; 25
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(B) a ventilator; 1
(C) a dialysis machine; 2
(D) an apnea monitor; 3
(E) an electrostatic nebulizer; 4
(F) a respirator; 5
(G) medication requiring refrigeration; and 6
(H) for a customer with a vulnerable res-7
piratory system, an air cleaning system. 8
(11) M
ICROGRID.—The term ‘‘microgrid’’ 9
means an interconnected system of loads and clean 10
energy resources (including distributed energy re-11
sources, energy storage, demand response tools, and 12
other management, forecasting, and analytical tools) 13
which— 14
(A) is appropriately sized to meet the crit-15
ical needs of its customers; 16
(B) is contained within a clearly defined 17
electrical boundary and has the ability to oper-18
ate as a single and controllable entity; 19
(C) has the ability to— 20
(i) connect to, disconnect from, or run 21
in parallel with the applicable grid region; 22
or 23
(ii) be managed and isolated from the 24
applicable grid region in order to withstand 25
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larger disturbances and maintain the sup-1
ply of electricity to a connected location; 2
(D) has no point of interconnection to the 3
applicable grid region with a throughput capac-4
ity in excess of 20 megawatts; and 5
(E) can connect to one building or multiple 6
interconnected buildings. 7
(12) M
ICRO-HYDROPOWER.—The term ‘‘micro- 8
hydropower’’ means hydropower that produces no 9
more than 100 kilowatts of electricity using the nat-10
ural flow of water. 11
(13) P
RODUCED IN THE UNITED STATES .—The 12
term ‘‘produced in the United States’’ means, in the 13
case of iron or steel, that all manufacturing proc-14
esses, including the application of a coating, occur in 15
the United States. 16
(14) R
EGISTERED APPRENTICE .—The term 17
‘‘registered apprentice’’ means a person in an ap-18
prenticeship program that is registered with, and ap-19
proved by, the United States Department of Labor 20
or a State Apprenticeship Agency in accordance with 21
parts 29 and 30 of title 29, Code of Federal Regula-22
tions (as in effect on January 1, 2020). 23
(15) S
MALL BUSINESS.—The term ‘‘small busi-24
ness’’ has the meaning given the term ‘‘small busi-25
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ness concern’’ under section 3 of the Small Business 1
Act (15 U.S.C. 632). 2
(16) T
RIBAL AND INDIGENOUS COMMUNITY .— 3
The term ‘‘Tribal and indigenous community’’ 4
means a population of people who are members of— 5
(A) a federally recognized Indian Tribe; 6
(B) a State-recognized Indian Tribe; 7
(C) an Alaska Native or Native Hawaiian 8
community or organization; or 9
(D) any other community of indigenous 10
people located in a State. 11
Æ
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