I 

110TH CONGRESS 

1ST SESSION H. R. 2447 

To establish an Energy and Environment Block Grant Program, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2007 

Mr. WYNN (for himself, Mr. TURNER, Mr. ENGEL, Mr. PALLONE, Mr. KENNEDY, Mr. INSLEE, Mr. BUTTERFIELD, Mr. WEINER, Mr. HASTINGS of 

Florida, and Mr. CARNAHAN) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to 

the Committee on Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish an Energy and Environment Block Grant 

Program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy and Environ5 ment Block Grant Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) Based on a recent United Nations report, 

2 the world scientific community now agrees that glob3 al warming is caused by the emission of greenhouse 

4 gases from human behavior and activity. 

5 (2) The United States, while representing less 

6 than 5 percent of the world’s population, releases a 

7 projected 25 percent of all greenhouse gases emitted 

8 worldwide. 

9 (3) Local governments are particularly well po10 sitioned to develop, implement, and promote energy 

11 efficiency and greenhouse gas reduction strategies at 

12 the community level, as part of a comprehensive na13 tional strategy to address global warming. 

14 (4) The release of significant amounts of green15 house gases occurs as a result of energy consumed 

16 by buildings and homes, and 39,300,000 new homes 

17 and 20,000,000,000 square feet of commercial office 

18 space are projected to be constructed between 2007 

19 and 2031. 

20 (5) Local governments, through revised building 

21 codes, building inspection, and the promotion of en22 ergy efficient retrofits and conservation measures, 

23 are uniquely positioned to work with their local busi24 ness communities to encourage energy efficiency and 


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1 greenhouse gas reduction strategies within the build2 ing construction and management sectors. 

3 (6) The development of community-based con4 servation programs that reduce the usage of energy 

5 in homes and transportation will yield immediate 

6 and significant reductions of a jurisdiction’s overall 

7 carbon emissions. Many cities have already signed 

8 Climate Protection Agreements, including a goal of 

9 all buildings being carbon neutral by 2030. 

10 (7) Local governments control or influence land 

11 use, transportation, and development planning that 

12 directly impacts the design of a community, a major 

13 factor in the amount of greenhouse gases emitted. 

14 (8) The development of local energy and envi15 ronment comprehensive plans will provide local gov16 ernments the strategies they need to establish spe17 cific energy efficiency and greenhouse gas emission 

18 reduction goals and milestones. 

19 SEC. 3. DEFINITIONS. 

20 For purposes of this Act— 

21 (1) the term ‘‘eligible entity’’ means a State or 

22 an eligible unit of local government within a State; 

23 (2) the term ‘‘eligible unit of local government’’ 

24 means— 


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1 (A) a city with a population of at least 

2 50,000; and 

3 (B) a county with a population of at least 

4 200,000; 

5 (3) the term ‘‘greenhouse gas’’ means— 

6 (A) carbon dioxide; 

7 (B) methane; 

8 (C) nitrous oxide; 

9 (D) hydrofluorocarbons; 

10 (E) perfluorocarbons; 

11 (F) sulfur hexafluoride; and 

12 (G) any other anthropogenically-emitted 

13 gas that is determined by the Secretary, after 

14 notice and comment, to contribute to global 

15 warming to a non-negligible degree; 

16 (4) the term ‘‘Secretary’’ means the Secretary 

17 of Energy; and 

18 (5) the term ‘‘State’’ means one of the 50 

19 States, the District of Columbia, the Commonwealth 

20 of Puerto Rico, Guam, American Samoa, the United 

21 States Virgin Islands, the Commonwealth of the 

22 Northern Mariana Islands, and any other common23 wealth, territory, or possession of the United States. 


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1 SEC. 4. ESTABLISHMENT OF PROGRAM. 

2 The Secretary shall establish an Energy and Environ3 ment Block Grant Program to make block grants to eligi4 ble entities as provided in this Act. 

5 SEC. 5. ALLOCATIONS. 

6 (a) IN GENERAL.—Of the funds appropriated for 

7 making grants under this Act for each fiscal year, the Sec8 retary shall allocate 70 percent to be provided to eligible 

9 units of local government as provided in subsection (b) 

10 and 30 percent to be provided to States as provided in 

11 subsection (c). 

12 (b) ELIGIBLE UNITS OF LOCAL GOVERNMENT.—The 

13 Secretary shall provide grants to eligible units of local gov14 ernment according to a formula giving equal weight to— 

15 (1) population, according to the most recent 

16 available Census data; and 

17 (2) daytime population, or another similar fac18 tor such as square footage of commercial, office, and 

19 industrial space, as determined by the Secretary. 

20 (c) STATES.—The Secretary shall provide grants to 

21 States according to a formula based on population, accord22 ing to the most recent available Census data. 

23 (d) PUBLICATION OF ALLOCATION FORMULAS.—Not 

24 later than 90 days before the beginning of any fiscal year 

25 in which grants are to made under this Act, the Secretary 


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1 shall publish in the Federal Register the formulas for allo2 cation described in subsection (b)(1) and (b)(2). 

3 SEC. 6. ELIGIBLE ACTIVITIES. 

4 Funds provided through a grant under this Act may 

5 be used for the following activities: 

6 (1) Development and implementation of an En7 ergy Efficiency and Climate Protection Strategy 

8 under section 8 or 9. 

9 (2) Retaining technical consultant services to 

10 assist an eligible entity in the development of such 

11 Strategy, including— 

12 (A) estimation of the 1990 levels of green13 house gas emissions within the jurisdiction of 

14 the eligible entity; 

15 (B) determination of baseline greenhouse 

16 gas emissions for 2006 or the most recent year 

17 for best available data; 

18 (C) formulation of energy efficiency and 

19 greenhouse gas emission reduction goals; 

20 (D) identification of strategies to meet 

21 such goals through major emitters of green22 house gases; 

23 (E) identification of strategies to encour24 age behavioral changes among the populace 

25 that will help achieve such goals; 


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1 (F) development of methods to measure 

2 progress in achieving such goals; 

3 (G) development and preparation of annual 

4 reports to the citizenry of the eligible entity’s 

5 energy efficiency and greenhouse gas reduction 

6 strategies and goals, and progress in achieving 

7 them; 

8 (H) analysis of potential mitigation strate9 gies to offset the negative environmental im10 pacts of global warming on the community; and 

11 (I) other services to assist in the imple12 mentation of the Energy Efficiency and Climate 

13 Protection Strategy. 

14 (3) Conducting energy audits. 

15 (4) Development and implementation of weath16 erization programs. 

17 (5) Creation of financial incentive programs for 

18 energy efficiency retrofits, including zero-interest or 

19 low-interest revolving loan funds. 

20 (6) Grants to nonprofit organizations and gov21 ernmental agencies for energy retrofits. 

22 (7) Development and implementation of energy 

23 efficiency programs and technologies for buildings 

24 and facilities of nonprofit organizations and govern25 mental agencies. 


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1 (8) Development and implementation of build2 ing and home energy conservation programs, includ3 ing— 

4 (A) design and operation of the programs; 

5 (B) research on the most effective methods 

6 for achieving maximum participation and effi7 ciency rates; 

8 (C) public education; 

9 (D) measurement protocols; and 

10 (E) identification of energy efficient tech11 nologies. 

12 (9) Development and implementation of trans13 portation fuel conservation programs, including— 

14 (A) promotion of public transit ridership; 

15 (B) car pooling; 

16 (C) reduction of vehicle miles traveled; 

17 (D) increase in trip efficiencies; 

18 (E) use of flex time by employers; 

19 (F) satellite work centers; and 

20 (G) other measures that have the effect of 

21 increasing fuel efficiencies and decreasing fuel 

22 consumption. 

23 (10) Development and implementation of alter24 native fuel technologies in public fleets that result in 

25 significant greenhouse gas emission reductions, inVerDate Aug 31 2005 19:13 May 27, 2007 Jkt 059196 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2447.IH H2447

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1 cluding the retrofitting of diesel bus fleets with high 

2 technology exhaust filters and the purchase of zero3 emission hydrogen fuel cell buses. 

4 (11) Development and implementation of alter5 native fuel infrastructure that results in significant 

6 reductions in greenhouse gas emissions. 

7 (12) Development and implementation of intel8 ligent transportation systems designed to reduce 

9 congestion and related greenhouse gas emissions. 

10 (13) Development and implementation of build11 ing codes and inspection services for public, commer12 cial, industrial, and single and multifamily residen13 tial buildings to promote energy efficiency. 

14 (14) Application and implementation of alter15 native energy and energy distribution technologies 

16 that significantly increase energy efficiency and re17 duce greenhouse gas emissions, including solar, 

18 wind, geothermal, district heating and cooling sys19 tems, and other renewable energy resources. 

20 (15) Development and promotion of land use 

21 guidelines or requirements that result in energy effi22 ciency and greenhouse gas emission reductions, in23 cluding mixed use development, transit-oriented de24 velopment, active living land use planning, and alter25 native transportation infrastructure such as bike 


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1 lanes and pathways, pedestrian-oriented transpor2 tation, and parking for alternative forms of trans3 portation. 

4 (16) Promotion of greater participation and ef5 ficiency rates for material conservation programs, in6 cluding source reduction, recycling, and recycled 

7 content procurement programs that lead to increases 

8 in energy efficiency and reductions in greenhouse 

9 gas emissions. 

10 (17) Establishment of an office to assist in the 

11 development and implementation of the Energy Effi12 ciency and Climate Protection Strategy. 

13 SEC. 7. INELIGIBLE ACTIVITIES. 

14 Funds provided through a grant under this Act may 

15 be not used for the following activities: 

16 (1) Purchase or leasing of equipment or vehi17 cles for the private sector. 

18 (2) Purchase of pollution control equipment for 

19 private electric utilities. 

20 SEC. 8. REQUIREMENTS FOR ELIGIBLE UNITS OF LOCAL 

21 GOVERNMENT. 

22 (a) PROPOSED STRATEGY.—Not later than 1 year 

23 after being awarded a grant under this Act, an eligible 

24 unit of local government shall submit to the Secretary a 

25 proposed Energy Efficiency and Climate Protection StratVerDate Aug 31 2005 19:13 May 27, 2007 Jkt 059196 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2447.IH H2447

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1 egy which establishes goals for increased energy efficiency 

2 and reduction of greenhouse gas emissions in the jurisdic3 tion of the eligible units of local government. The Strategy 

4 shall include plans for the use of funds received under the 

5 grant to assist the eligible unit of local government in the 

6 achievement of such goals, consistent with sections 6 and 

7 7. In developing such a Strategy, an eligible unit of local 

8 government shall take into account any plans for the use 

9 of funds by adjoining eligible units of local governments 

10 funded under this Act. 

11 (b) APPROVAL.—The Secretary shall approve or dis12 approve a proposed Strategy submitted under subsection 

13 (a) not later than 90 days after receiving it. If the Sec14 retary disapproves a proposed Strategy, the Secretary 

15 shall provide to the eligible unit of local government the 

16 reasons for such disapproval. The eligible unit of local gov17 ernment may revise and resubmit the Strategy, as many 

18 times as required, until approval is granted. 

19 (c) FUNDING FOR PREPARATION OF STRATEGY.— 

20 (1) IN GENERAL.—Until the Secretary has ap21 proved a proposed Energy Efficiency and Climate 

22 Protection Strategy under subsection (b), the Sec23 retary shall only disburse to an eligible unit of local 

24 government $200,000 or 20 percent of the grant, 


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1 whichever is greater, which may be used only for 

2 preparation of the Strategy. 

3 (2) REMAINDER OF FUNDS.—The remainder of 

4 an eligible unit of local government’s grant funds 

5 awarded but not disbursed under paragraph (1) 

6 shall remain available and shall be disbursed by the 

7 Secretary upon approval of the Strategy. 

8 (d) LIMITATIONS ON USE OF FUNDS.—Of the 

9 amounts provided through a grant under this Act, an eligi10 ble unit of local government may use— 

11 (1) not more than 10 percent, or $75,000, 

12 whichever is greater, for administrative expenses, 

13 not including expenses needed to meet reporting re14 quirements under this Act; 

15 (2) not more than 20 percent, or $250,000, 

16 whichever is greater, for the establishment of revolv17 ing loan funds; and 

18 (3) not more than 20 percent, or $250,000, 

19 whichever is greater, for subgranting to nongovern20 mental organizations for the purpose of assisting in 

21 the implementation of the Energy Efficiency and 

22 Climate Protection Strategy. 

23 (e) ANNUAL REPORT.—Not later than 2 years after 

24 receipt of the first disbursement of funds from a grant 

25 awarded under this Act, and annually thereafter, an eligiVerDate Aug 31 2005 19:13 May 27, 2007 Jkt 059196 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2447.IH H2447

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1 ble unit of local government shall submit a report to the 

2 Secretary on the status of the Strategy’s development and 

3 implementation, and, where practicable, a best available 

4 assessment of energy efficiency gains and greenhouse gas 

5 reductions within the jurisdiction of the eligible unit of 

6 local government. 

7 SEC. 9. REQUIREMENTS FOR STATES. 

8 (a) ALLOCATION OF GRANT FUNDS.—A State receiv9 ing a grant under this Act shall use at least 70 percent 

10 of the funds received to provide subgrants to units of local 

11 government in the State that are not eligible units of local 

12 government. The State shall make such subgrant awards 

13 not later than 6 months after approval of the State’s 

14 Strategy under subsection (c). 

15 (b) PROPOSED STRATEGY.—Not later than 120 days 

16 the date of enactment of this Act, each State shall submit 

17 to the Secretary a proposed Energy Efficiency and Cli18 mate Protection Strategy which establishes a process for 

19 making subgrants described in subsection (a), and estab20 lishes goals for increased energy efficiency and reduction 

21 of greenhouse gas emissions in the jurisdiction of the 

22 State. The Strategy shall include plans for the use of 

23 funds received under a grant under this Act to assist the 

24 State in the achievement of such goals, consistent with 

25 sections 6 and 7. 


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1 (c) APPROVAL.—The Secretary shall approve or dis2 approve a proposed Strategy submitted under subsection 

3 (b) not later than 90 days after receiving it. If the Sec4 retary disapproves a proposed Strategy, the Secretary 

5 shall provide to the State the reasons for such disapproval. 

6 The State may revise and resubmit the Strategy, as many 

7 times as required, until approval is granted. 

8 (d) FUNDING FOR PREPARATION OF STRATEGY.— 

9 (1) IN GENERAL.—Until the Secretary has ap10 proved a proposed Energy Efficiency and Climate 

11 Protection Strategy under subsection (b), the Sec12 retary shall only disburse to a State $200,000 or 20 

13 percent of the grant, whichever is greater, which 

14 may be used only for preparation of the Strategy. 

15 (2) REMAINDER OF FUNDS.—The remainder of 

16 a State’s grant funds awarded but not disbursed 

17 under paragraph (1) shall remain available and shall 

18 be disbursed by the Secretary upon approval of the 

19 Strategy. 

20 (e) LIMITATIONS ON USE OF FUNDS.—Of the 

21 amounts provided through a grant under this Act, a State 

22 may use not more than 10 percent for administrative ex23 penses. 


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1 (f) ANNUAL REPORTS.—A State shall annually re2 port to the Secretary on the development and implementa3 tion of its Strategy. Each such report shall include— 

4 (1) a status report on the State’s subgrant pro5 gram described in subsection (a); 

6 (2) a best available assessment of energy effi7 ciency gains and greenhouse gas reductions achieved 

8 through the State’s Strategy; and 

9 (3) specific energy efficiency and greenhouse 

10 gas reduction goals for future years. 

11 SEC. 10. REVIEW AND EVALUATION. 

12 The Secretary may review and evaluate the perform13 ance of grant recipients, including by performing audits, 

14 and may deny funding to such grant recipients for failure 

15 to properly adhere to— 

16 (1) the Secretary’s guidelines and regulations 

17 relating to the program under this Act, including the 

18 misuse or misappropriation of funds; or 

19 (2) the grant recipient’s Strategy. 

20 SEC. 11. OFFICE OF ENERGY AND ENVIRONMENTAL BLOCK 

21 GRANTS. 

22 (a) ESTABLISHMENT.—The Secretary shall establish 

23 an Office of Energy and Environmental Block Grants to 

24 administer the program under this Act. The Director of 


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1 the Office shall have the title of Assistant Secretary for 

2 Energy Efficiency and Climate Protection. 

3 (b) STATE AND LOCAL ADVISORY COMMITTEE.—The 

4 Office shall establish a State and Local Advisory Com5 mittee to provide it advice regarding the administration, 

6 direction, and evaluation of the program under this Act, 

7 and to assist in developing priorities for the Research, 

8 Technical Assistance, and Education Program established 

9 under section 12. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary for ad12 ministrative expenses of the Office established under sub13 section (a)— 

14 (1) $20,000,000 for fiscal year 2008; 

15 (2) $20,000,000 for fiscal year 2009; 

16 (3) $25,000,000 for fiscal year 2010; 

17 (4) $25,000,000 for fiscal year 2011; and 

18 (5) $30,000,000 for fiscal year 2012. 

19 SEC. 12. RESEARCH, TECHNICAL ASSISTANCE, AND EDU20 CATION PROGRAM. 

21 (a) ESTABLISHMENT.—The Office of Energy and 

22 Environmental Block Grants shall establish and carry out 

23 a Research, Technical Assistance, and Education Program 

24 to provide— 


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1 (1) technical assistance to State and local gov2 ernments; 

3 (2) public education programs; 

4 (3) demonstration of innovative energy effi5 ciency and greenhouse gas reduction systems, tech6 nologies, and practices; and 

7 (4) research and development of effective meas8 urement methodologies, methods for changing or in9 fluencing public participation in energy efficiency 

10 and greenhouse gas reduction programs, and other 

11 methods to increase public awareness of, and action 

12 on, the global warming crisis. 

13 (b) ELIGIBLE RECIPIENTS.—Eligible recipients of as14 sistance under this section shall include State and local 

15 governments, State and local government associations, 

16 public and private nonprofit organizations, and colleges 

17 and universities. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Secretary for car20 rying out this section $150,000,000 for each of the fiscal 

21 years 2008 through 2012. 

22 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated to the Sec24 retary for grants under this Act— 

25 (1) $4,000,000,000 for fiscal year 2008; 


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1 (2) $4,000,000,000 for fiscal year 2009; 

2 (3) $5,000,000,000 for fiscal year 2010; 

3 (4) $5,000,000,000 for fiscal year 2011; and 

4 (5) $6,000,000,000 for fiscal year 2012. 

Æ 


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