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[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
----------------------------------------------------------------------------------------------------------------
                                  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.

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