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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2644 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 2644

To provide direct funding to local, Tribal, and territorial governments 
  to establish Green New Deal programs and initiatives, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 19, 2021

  Ms. Bush (for herself, Ms. Ocasio-Cortez, Mr. Bowman, Ms. Omar, Ms. 
Norton, Mrs. Carolyn B. Maloney of New York, Ms. Wilson of Florida, Ms. 
Williams of Georgia, Mr. Jones, Mr. Connolly, Ms. Jayapal, Mr. Raskin, 
   Ms. Newman, Ms. Barragan, Mr. Espaillat, Ms. Tlaib, Mr. Garcia of 
 Illinois, Ms. Lee of California, Mr. Vargas, Ms. Pressley, Mr. Cohen, 
  Mr. Torres of New York, Mr. Huffman, Ms. Schakowsky, Mr. Gomez, Ms. 
  Velazquez, and Mr. Thompson of California) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
  in addition to the Committees on Transportation and Infrastructure, 
   Natural Resources, Agriculture, Financial Services, Education and 
Labor, and the Judiciary, 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 provide direct funding to local, Tribal, and territorial governments 
  to establish Green New Deal programs and initiatives, and for other 
                               purposes.

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

SECTION 1. DEFINITIONS.

    In this Act:
            (1) Climate mitigation.--The term ``climate mitigation'' 
        means policies and activities intended to reduce the greenhouse 
        gas forcing of the climate system.
            (2) FPIC.--The term ``FPIC'' means free, prior, and 
        informed consent.
            (3) Frontline community.--The term ``frontline community'' 
        means a community with significant representation of 
        communities of color, low-income communities, deindustrialized 
        communities, fossil fuel communities, or Tribal and indigenous 
        communities, that experiences, or is at risk of experiencing, 
        higher or more adverse climate change, human health, or 
        environmental effects, as compared to other communities.
            (4) Local government.--The term ``local government'' means 
        a territory or any unit of local government within a State or 
        territory, including a county, borough, municipality, city, 
        town, township, parish, local public authority, transit agency 
        (including multistate transit agencies), special district, 
        school district, intrastate district, council of governments, 
        any other instrumentality of local government.
            (5) Local green new deal program proposal.--The term 
        ``local Green New Deal program proposal'' means a proposal of a 
        local government or a Native American Nation that commits--
                    (A) to achieve zero greenhouse gas emissions, by 
                2030, through a fair and just transition for all 
                communities and workers;
                    (B) to create hundreds of good, high-wage jobs and 
                ensure prosperity and economic security for all people 
                of the local government or Native American Nation;
                    (C) to invest in the infrastructure and industry of 
                the local government to sustainably meet the challenges 
                of the 21st century;
                    (D) to secure for all people of the United States 
                for generations to come--
                            (i) clean air and water;
                            (ii) climate and community resiliency;
                            (iii) healthy and sustainably produced 
                        food;
                            (iv) access to nature; and
                            (v) a sustainable environment; and
                    (E) to promote justice and equity by stopping 
                current, preventing future, and repairing historic 
                oppression of indigenous peoples, communities of color, 
                migrant communities, deindustrialized communities, 
                depopulated rural communities, the poor, low-income 
                workers, women, the elderly, the unhoused, people with 
                disabilities, incarcerated communities, and communities 
                experiencing police violence and youth.
            (6) Native american nation.--The term ``Native American 
        Nation'' means--
                    (A) the governing body of any individually 
                identified and federally recognized Indian or Alaska 
                Native Tribe, band, nation, pueblo, village, community, 
                affiliated tribal group, or component reservation in 
                the list published pursuant to section 104(a) of the 
                Federally Recognized Indian Tribe List Act of 1994 (25 
                U.S.C. 5131(a));
                    (B) the governing body of any individually 
                identified Indian or Alaska Native Tribe, band, nation, 
                pueblo, village, community, affiliated tribal group, or 
                component reservation, excluding tribal corporations; 
                and
                    (C) a State recognized Tribe.

   TITLE I--GREEN NEW DEAL FOR CITIES, COUNTIES, STATES, TRIBES, AND 
                              TERRITORIES

SEC. 101. SHORT TITLE.

    This Act may be cited as the ``Green New Deals for Cities Act of 
2021''.

SEC. 102. GREEN NEW DEAL FOR CITIES, TOWNS, AND NATIVE AMERICAN 
              NATIONS.

    (a) In General.--From amounts appropriated to carry out this title, 
the Secretary of Housing and Urban Development, in coordination with 
the Secretary of Energy, the Secretary of Labor, and the Office of 
Domestic Climate Policy, shall be allocated directly to eligible local 
or State entities in the same manner as amounts appropriated under 
sections 602 and 603 of title VI of the Social Security Act (42 U.S.C. 
801 et seq.), as applicable, to carry out eligible Green New Deal 
projects.
    (b) Use of Funds.--An eligible local or State entity receiving an 
allocation under this section--
            (1) may use such funds to carry out an eligible Green New 
        Deal project;
            (2) shall allocate not less than 50 percent of such 
        allocation for projects related to climate mitigation;
            (3) with respect to an eligible local or State entity that 
        includes at least 1 frontline community, shall ensure not less 
        than 50 percent of such allocation is invested in frontline 
        communities; and
            (4) may not use such funds for--
                    (A) fossil fuel procurement, development, 
                infrastructure repair that would in anyway extend 
                lifespan or production capacity, or any related 
                subsidy;
                    (B) carbon capture and storage (CCS) or carbon 
                capture, utilisation, and storage (CCUS);
                    (C) direct air capture;
                    (D) the procurement of nuclear power;
                    (E) research and development;
                    (F) the establishment or advancement of carbon 
                markets, including cap and trade;
                    (G) geoengineering;
                    (H) highway expansion;
                    (I) road improvements or automobile infrastructure, 
                other than electric vehicle charging stations;
                    (J) industrial scale bioenergy, including biofuels, 
                biomass, and biogas, development or any related 
                subsidy; or
                    (K) any investments or projects supporting law 
                enforcement, immigration detention centers, and 
                prisons, including buildings and vehicles under the 
                control of law enforcement or a prison.
    (c) Requirement.--As a condition of accepting an allocation 
provided under this section, an eligible local or State entity shall 
agree to take steps, in consultation with community groups and tenant 
advocates, to secure existing housing in neighborhoods receiving 
benefits from an allocation under this section, including through the 
use of rent control, rent stabilization, and other methods to prevent 
gentrification and stabilize property values.
    (d) Consultation.--In carrying out the program established under 
subsection (a), the Secretary shall consult with Administration of the 
Environmental Protection Agency, the Assistant Secretary of the Bureau 
of Indian Affairs, and the Council on Environmental Quality.
    (e) Native American FPIC.--Prior to the authorization of any 
project on land that may affect a Native American Nation, the Secretary 
shall ensure that such Nation has given FPIC.
    (f) Material Requirement.--In carrying out any eligible Green New 
Deal project that uses renewable energy materials, an eligible local or 
State entity shall use only renewable energy materials from Initiative 
for Responsible Mining Assurance (IRMA) certified mines.
    (g) Community Involvement.--In carrying out any eligible Green New 
Deal project, an eligible local or State entity shall develop a public 
participation plan to establish steps for ensuring decision-making 
inclusion of frontline communities for such eligible Green New Deal 
project.
    (h) Definitions.--In this section:
            (1) Eligible local or state entity.--The term ``eligible 
        local or State entity'' means a State, local government, or 
        Native American Nation that has a local Green New Deal program 
        proposal.
            (2) Eligible green new deal project.--The term ``eligible 
        Green New Deal project'' includes a project and associated 
        labor--
                    (A) for solar power procurement, installation, 
                maintenance, and operations;
                    (B) for wind power procurement, installation, 
                maintenance, coating, and operations;
                    (C) to carry out an American Society of Heating, 
                Refrigerating, and Air Conditioning Engineers (ASHRAE) 
                level II audit for commercial buildings;
                    (D) to procure dialysis machines or other equipment 
                known to save lives of the most vulnerable populations 
                in extreme weather events that may cause power outages;
                    (E) to provide grants for acquisition of private 
                lands by Native American Land Trusts, nations, and 
                Tribes;
                    (F) to build electrification for heating, hot 
                water, and cooking;
                    (G) for public electric vehicle procurement;
                    (H) to build capacity for communities to endure 
                extreme weather events, such as investments to cooling 
                and heating centers and disaster preparedness;
                    (I) for community farming initiatives that promote 
                and foster food sovereignty;
                    (J) to procure, install, and operate geothermal 
                power;
                    (K) for phasing out existing fossil fuel 
                infrastructure;
                    (L) for testing of soils and waters in parks, 
                playgrounds, and other sites for hazardous and 
                radioactive wastes as well as dangerous chemicals, 
                including PFAS;
                    (M) for the establishment of local Worker and 
                Community Protection Funds (WCPF) to support fossil 
                fuel workers, families of such workers, and impacted 
                communities in the energy transition;
                    (N) to repair gas pipeline leaks and cover orphan 
                wells, so long as such pipelines and wells in no way 
                expand fossil fuel production;
                    (O) to build, expand, and maintain public parks, 
                trails, forests, and recreation sites;
                    (P) for installation of weatherization and 
                efficiency measures, including reflecting coatings;
                    (Q) for adaptation measures;
                    (R) to procure and install electric vehicle 
                charging stations;
                    (S) to remediate lead paint, mold, and asbestos;
                    (T) to support reparations programs for Black and 
                Indigenous people and communities;
                    (U) for investment in new or improved public green 
                space, parks, playgrounds, or community gardens;
                    (V) for the zero energy construction or improvement 
                of public or rent-secured housing or community land 
                trusts;
                    (W) to provide, electrify, improve, expand, 
                maintain, or operate public transit and public school 
                buses;
                    (X) for remediation of a brownfield;
                    (Y) for air quality monitoring;
                    (Z) for pollution cleanup;
                    (AA) to procure, install, and maintain clean 
                drinking water infrastructure piping and transmission 
                lines, including replacing lead pipelines;
                    (BB) for public utility procurement, modernization, 
                and decarbonization;
                    (CC) for wetland, forest, and public land 
                revitalization and other climate adaptation measures;
                    (DD) for public sanitation, broadband, and utility 
                expansion for frontline communities;
                    (EE) for community solar power;
                    (FF) to construct and improve bike and pedestrian 
                infrastructure, including bus stops and any 
                improvements to transit infrastructure to comply with 
                the Americans With Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.);
                    (GG) for restoring public lands, watersheds, 
                coastal areas, wildlife corridors, and other critical 
                ecosystems, including investment in county and city 
                parks and Tribal management of public lands;
                    (HH) for temporary housing for low-income families 
                receiving housing improvements; or
                    (II) for conservation projects on family farms, 
                including water conservation projects, shelterbelts, 
                and ecosystem restoration efforts.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

    For purposes of carrying out this title, there is authorized to be 
appropriated out of the general fund of the Treasury--
            (1) $400,000,000,000 for fiscal year 2022;
            (2) $300,000,000,000 for fiscal year 2023;
            (3) $200,000,000,000 for fiscal year 2024; and
            (4) $100,000,000,000 for fiscal year 2025.

                       TITLE II--LABOR STANDARDS

SEC. 201. LABOR STANDARDS REQUIREMENTS.

    (a) In General.--The Secretary of Labor shall require an eligible 
local or State entity under section 102, as a condition of receiving a 
grant under such section, to satisfy each of the following 
requirements:
            (1) The entity shall ensure that all laborers and mechanics 
        employed by contractors and subcontractors in the performance 
        of any applicable project shall be paid wages at rates not less 
        than those prevailing on projects of a similar character 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'').
            (2) The entity shall give preference to local and equitable 
        hiring and contracting that creates opportunities for--
                    (A) people of color;
                    (B) immigrants, regardless of immigration status;
                    (C) formerly incarcerated individuals;
                    (D) women;
                    (E) LGBTQIAP+ individuals;
                    (F) disabled and chronically ill individuals;
                    (G) marginalized communities; and
                    (H) BIPOC employee-owned businesses and co-ops.
            (3) The entity shall be a party to, or require contractors 
        and subcontractors in the performance of any applicable project 
        to consent to, a covered project labor agreement, as long as 
        the entity demonstrates that such agreement protects or 
        furthers its proprietary interest in the project.
            (4) The entity, and all contractors and subcontractors in 
        performance of any applicable project, shall abide by 
        prevailing wage standards, prioritize Project Labor Agreements, 
        and prioritize local hiring and targeted hiring provisions.
            (5) The entity, and all contractors and subcontractors in 
        the performance of any applicable project, shall not require 
        mandatory arbitration for any dispute involving a worker 
        engaged in a service for the entity.
            (6) The entity, and all contractors and subcontractors in 
        the performance of any applicable project, shall consider an 
        individual performing any service in such performance as an 
        employee (and not an independent contractor) of the entity, 
        contractor, or subcontractor, respectively, unless--
                    (A) 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;
                    (B) the service is performed outside the usual 
                course of the business of the entity, contractor, or 
                subcontractor, respectively; and
                    (C) the individual is customarily engaged in an 
                independently established trade, occupation, 
                profession, or business of the same nature as that 
                involved in such service.
            (7) The entity shall prohibit the employees of all 
        contractors and subcontractors in the performance of any 
        applicable project from hiring 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. The entity may not prohibit the 
        use of certified union hiring halls.
            (8) The entity shall require all contractors, 
        subcontractors, successors in interest of the entity, and other 
        entities that may acquire the entity, in the performance or 
        acquisition of any applicable project, to have--
                    (A) an explicit policy of neutrality with regard 
                to--
                            (i) labor organizing for the employees of 
                        the contractor or subcontractor employed in the 
                        performance of the eligible project; and
                            (ii) such employees' choice to form and 
                        join labor organizations; and
                    (B) policies that require--
                            (i) 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.); and
                            (ii) that such employees are, at the 
                        beginning of their employment in the 
                        performance of the eligible project, provided 
                        notice and information regarding the employees' 
                        rights under such Act.
            (9) The entity shall, for each skilled craft employed on 
        any applicable project, demonstrate an ability to use and 
        commit to use individuals enrolled in a Department of Labor 
        registered apprenticeship program under subpart A of part 29 of 
        title 29, Code of Federal Regulations, which such individuals 
        shall, to the greatest extent practicable, constitute not less 
        than 20 percent of the individuals working on such project.
            (10) The entity shall fund and utilize, and, where 
        appropriate, establish, a robust pre-apprenticeship and 
        workforce development program, to serve BIPOC communities, in 
        consultation with appropriate labor organizations.
            (11) The entity, and all contractors and subcontractors in 
        the performance of any applicable project, shall not request or 
        otherwise consider the criminal history of an applicant for 
        employment before extending a conditional offer to the 
        applicant, unless--
                    (A) a background check is otherwise required by 
                law; or
                    (B) the Secretary, in consultation with the 
                Secretary of Energy, certifies that precluding criminal 
                history prior to the conditional offer would pose a 
                threat to national security.
            (12) The entity shall exclude companies that have been 
        found guilty of wage theft or Occupational Safety and Health 
        Act of 1970 (29 U.S.C. 651 et seq.) safety violations.
    (b) Davis-Bacon Act.--The Secretary of Labor shall have, with 
respect to the labor standards described in subparagraph (A)(i), 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.

SEC. 202. BUY AMERICA REQUIREMENTS.

    (a) In General.--For all goods and materials an entity purchases in 
whole or in part with funds provided by this Act, the entity shall be 
required to comply with, and ensure compliance by all contractors, 
subcontractors, and suppliers of contractors of, the domestic content 
provisions of the section 5323(j) of title 49, United States Code, and 
all applicable Federal labor and employment laws.
    (b) Inclusive Procurement Policies.--Notwithstanding any federal 
laws or regulations to the contrary, the entity may adhere to an 
inclusive procurement policy for all goods and materials that are part 
of any project funded in whole or in part by this Act that includes any 
of the following:
            (1) Greater domestic content than is required by Federal 
        law.
            (2) A disclosure and evaluation of the embedded carbon 
        emissions of all industrial products.
            (3) Requirements for disclosure by the contractors, 
        subcontractors, and suppliers of contractors of--
                    (A) wages and benefits of employees of the 
                contractor, subcontractor, and suppliers;
                    (B) training program commitments for employees and 
                potential employees; and
                    (C) targeted hiring commitments for members of 
                disadvantaged communities, including veterans, women, 
                low-income populations, and formerly incarcerated 
                individuals.
            (4) Job quality evaluation and incentives.
            (5) Job quality commitment enforcement, including contract 
        enforcement provisions for adherence to job quality 
        commitments.
            (6) Transparency to the public of job quality commitments 
        and adherence to such commitments.
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