[Senate Report 111-207]
[From the U.S. Government Publishing Office]
Calendar No. 431
111th Congress Report
SENATE
2d Session 111-207
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SUSTAINABLE SCHOOLS POLLUTION REDUCTION ACT OF 2010
_______
June 18, 2010.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 3362]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 3362) to amend the Clean Air Act to
direct the Administrator of the Environmental Protection Agency
to provide competitive grants to publicly funded schools to
implement effective technologies to reduce air pollutants (as
defined in section 302 of the Clean Air Act), including
greenhouse gas emissions, in accordance with that Act, having
considered the same, reports favorably thereon with amendments
and recommends that the bill, as amended, do pass.
General Statement and Background
S. 3362 would amend the Clean Air Act to direct the
Administrator of the Environmental Protection Agency (EPA) to
provide competitive grants to publicly funded schools to
implement effective technologies to reduce air pollutants (as
defined in section 302 of the Clean Air Act), including
greenhouse gas emissions.
The Department of Energy reports that States and local
agencies are planning to invest more than $60 billion in the
next three years to build or renovate schools, which provides a
significant opportunity to incorporate technologies that reduce
pollution and energy use. Increasing the energy efficiency of
schools and implementing projects that provide renewable energy
help reduce the consumption of fossil fuels that can result in
significant emissions of various air pollutants, including
greenhouse gases.
With public schools nationwide spending more than $8
billion per year on energy, the economic benefits of pollution
reduction technologies that also improve energy efficiency are
significant. Space heating, lighting, and water heating account
for over 80% of school energy use. An average conventional
school with 4,000 students spends $700,000 annually on energy
costs, while an energy efficient school spends on average
$488,000 annually, savings that can be put towards educational
purposes. For existing schools, implementing energy-efficient
operations and maintenance strategies can enable school
districts to save as much as 20% in energy costs, extend the
life of equipment, and improve the overall physical environment
in their school facilities. These strategies range from simple,
no-cost measures to more complicated investments. Many energy
management strategies require small capital outlays and can
produce rapid paybacks, in some cases, in less than two years.
Improvements to reduce emissions and save emissions also
have other benefits. Energy efficiency upgrades can provide
healthier learning environments, through better indoor
lighting, temperature control, acoustics, and air quality.
Implementing pollution reduction projects can also familiarize
parents, teachers, and students with affordable, advanced
pollution reduction, energy efficiency, and renewable energy
technologies and practices.
S. 3362 has been endorsed by the National Council for
Community and Education Partnerships and the National
Association of Secondary School Principals.
Objectives of the Legislation
This bill will amend the Clean Air Act to direct the
Administrator of the EPA to provide competitive grants to
publicly funded schools to implement effective technologies to
reduce air pollutants (as defined in section 302 of the Clean
Air Act), including greenhouse gas emissions, in accordance
with that Act.
Section-by-Section Analysis
Section 1. Short title
Section 1 notes that this bill may be cited as the
``Sustainable Schools Pollution Reduction Act of 2010.''
Section 2. Sustainable schools pollution reduction grant program
Section 2 amends Section 105 of the Clean Air Act (42
U.S.C. 7405) by directing the Administrator of the EPA to
provide competitive grants to publicly funded schools to
implement effective technologies to reduce air pollutants (as
defined in section 302 of the Clean Air Act), including
greenhouse gas emissions, in accordance with that Act. Section
2 describes some of the criteria the Administrator is to use in
selecting grants under this program, including selecting
projects that:
Ensure implementation of clean technologies
that reduce air pollution and greenhouse gas emissions;
Offer additional benefits, such as reduction
of water consumption or water pollution; promotion of
distributed renewable energy technologies, such as
solar, small-scale or community-scale wind, geothermal,
biomass, and other energy technologies; or
demonstration of new and innovative technologies; and
Provide opportunities for student
involvement in the project to be funded.
Section 2 also establishes three categories of grant
amounts and cost shares 1) grants of $50,000 or less have no
non-federal cost share, 2) grants between $50,000 and $100,000
have a 20% non-federal cost share, and 3) grants between
$100,000 and $200,000 have a 50% non-federal cost share.
Section 2 establishes requirements for the Administrator to
report to Congress on the implementation of the grant program.
Legislative History
S. 3362 was introduced by Senators Bernard Sanders (I-VT)
and Barbara Boxer (D-CA) on May 13, 2010. It has one Democratic
co-sponsor. The bill was received, read twice, and referred to
the Senate Committee on Environment and Public Works.
On May 20, 2010, the full Environment and Public Works
Committee met to consider the bill. An amendment was offered by
Senator Max Baucus (D-MT) to ensure that a minimum share of
funds appropriated for this program will be provided to each
state and ensures that grants awarded will reflect diversity in
size and geographic locations. This amendment was amended by a
second-degree amendment offered by Senators Baucus and Udall.
Both amendments were adopted, and the bill was ordered to be
reported, as amended, favorably.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 3362 on May 20, 2010. The bill was ordered to be
reported with amendments favorably.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 3362
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office (CBO) has found, ``S. 3362 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.''
Congressional Budget Office Cost Estimate
June 2, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3362, the
Sustainable Schools Pollution Reduction Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas W. Elmendorf
Enclosure.
S. 3362--Sustainable Schools Pollution Reduction Act of 2010
Summary: S. 3362 would authorize the Environmental
Protection Agency (EPA) to provide grants to schools for
implementing technologies to reduce air pollutants, including
greenhouse gases. The legislation would authorize the annual
appropriation of the necessary amounts for the grant program
over the 2011-2015 period.
Assuming appropriation of the necessary funds, CBO
estimates that implementing S. 3362 would cost $41 million over
the 2011-2015 period and $9 million after 2015.
Pay-as-you-go procedures would not apply to this
legislation because it would not affect direct spending or
revenues.
S. 3362 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated Cost to the Federal Government: The estimated
budgetary impact of S. 3362 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................ 10 10 10 10 10 50
Estimated Outlays............................................ 4 8 9 10 10 41
----------------------------------------------------------------------------------------------------------------
Basis of Estimate: For this estimate, CBO assumes that S.
3362 will be enacted near the beginning of fiscal year 2011 and
that necessary amounts will be appropriated in each year.
Estimated outlays are based on historical spending patterns for
similar grants.
Based on information from EPA, CBO estimates that the
amount of funding required for this proposed program would be
similar to the existing Climate Showcase Communities Grant
program, which is a competitive program designed to assist
local and tribal governments in establishing and implementing
climate-change initiatives. For fiscal year 2010, that program
is funded at $10 million.
Intergovernmental and Private-Sector Impact: S. 3362
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate Prepared by: Federal Costs: Susanne S. Mehlman,
Impact on State, Local, and Tribal Governments: Ryan Miller;
Impact on the Private Sector: Amy Petz.
Estimate Approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
CLEAN AIR ACT
* * * * * * *
Sec. 105. (a)(1)(A) The Administrator may make grants to air
pollution control agencies, within the meaning of paragraph
(1), (2), (3), (4), or (5) of section 302, in an amount up to
three-fifths of the cost of implementing programs for the
prevention and control of air pollution or implementation of
national primary and secondary ambient air quality standards.
For the purpose of this section, ``implementing'' means any
activity related to the planning, developing, establishing,
carrying-out, improving, or maintaining of such programs.
* * * * * * *
(d) The Administrator, with the concurrence of any
recipient of a grant under this section may reduce the payments
to such recipient by the amount of the pay, allowances,
traveling expenses, and any other costs in connection with the
detail of any officer or employee to the recipient under
section 301 of the Act, when such detail is for the convenience
of, and at the request of, such recipient and for the purpose
of carrying out the provisions of this Act. The amount by which
such payments have been reduced shall be available for payment
of such costs by the Administrator, but shall, for the purpose
of determining the amount of any grant to a recipient under
subsection (a) of this section, be deemed to have been paid to
such agency.
(e) No application by a State for a grant under this
section may be disapproved by the Administrator without prior
notice and opportunity for a public hearing in the affected
State, and no commitment or obligation of any funds under any
such grant may be revoked or reduced without prior notice and
opportunity for a public hearing in the affected State (or in
one of the affected States if more than one State is affected).
(f) Sustainable Schools Pollution Reduction Grant Program.--
(1) Definitions.--In this subsection:
(A) Elementary school; secondary school.--The
terms `elementary school' and `secondary
school' have the meanings given the terms,
respectively, in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7801).
(B) Eligible school.--The term `eligible
school' means--
(i) a public elementary school or a
public secondary school; or
(ii) a school district that
encompasses a public elementary school
or a public secondary school.
(C) Program.--The term `program' means the
sustainable schools pollution reduction program
established by paragraph (2)(A).
(2) Program.--
(A) Establishment.--There is established
within the Environmental Protection Agency a
sustainable schools pollution reduction
program.
(B) Grants.--
(i) In general.--In carrying out the
program, for each of fiscal years 2011
through 2015, the Administrator shall
provide competitive grants to eligible
schools for use in implementing
effective technologies to reduce air
pollutants, including greenhouse gas
emissions.
(ii) Criteria for selection of
grantees.--The Administrator shall
provide criteria for selection for
grants under the program, including
criteria that ensure--
(I) implementation of clean
technologies that reduce air
pollution and greenhouse gas
emissions, and offer additional
benefits, such as--
(aa) reduction of
water consumption or
water pollution;
(bb) promotion of
distributed renewable
energy technologies,
such as solar, small-
scale or community-
scale wind, geothermal,
biomass, and other
energy technologies; or
(cc) demonstration of
new and innovative
technologies; and
(II) prioritization of
projects that provide
opportunities for student
involvement in the project to
be funded, including--
(aa) project
installation;
(bb) project data
monitoring; and
(cc) incorporation of
the project into
classroom curricula.
(iii) Categories of grants and
matching funds.--Of the grant funds
provided under the program--
(I) not less than 40 percent
shall be provided in amounts
not to exceed $50,000 for each
grant, with no required
matching share; and
(II) the remaining funds
shall be provided--
(aa) in amounts of
not less than $50,000
but not to exceed
$100,000 for each
grant, with a required
non-Federal share of 20
percent; and
(bb) in amounts that
exceed $100,000 but not
to exceed $200,000,
with a required non-
Federal share of 50
percent.
(C) Reports.--Not later than 18 months after
the date on which funds are made available to
carry out this subsection, and annually
thereafter, the Administrator shall submit to
Congress a report evaluating the implementation
of the program, including, at a minimum, a
description of--
(i) the number of grant applications
received;
(ii) the number of grants funded,
including the amount of each grant
funded;
(iii) the types of technologies
funded; and
(iv) the environmental, educational,
and financial benefits to eligible
schools receiving the grants.
(D) Allocations.--
(i) States.--Notwithstanding the
other provision of this section, the
Administrator shall ensure, in awarding
grants under this subsection, that at
least 1 grant shall be awarded to an
eligible school in each State if at
least 1 eligible school in the State
has submitted an application that meets
the criteria described in subparagraph
(B)(ii).
(ii) Indian tribes.--Notwithstanding
any other provision of this subsection,
before providing grants under this
subsection, the Administrator shall
allocate at least 2.0 percent of the
total annual amount made available to
carry out this subsection among Indian
tribes, based on criteria described in
subparagraph (B)(ii).
(E) Geographical and size differences.--In
addition to applying the criteria described in
subparagraph (B)(ii), the Administrator shall
ensure geographical diversity among grant
awardees and ensure that grant awardees reflect
a variety of schools sizes.
(F) Authorization of appropriations.--There
are authorized to be appropriated to carry out
this subsection such sums as are necessary for
each of fiscal years 2011 through 2015.
* * * * * * *