Stay Cool Act

To improve response to, and preparation for, heat waves and extreme heat, and for other purposes. 1. Short title This Act may be cited as the Stay Cool Act 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Heat Emergency Sec. 101. National ranking system for extreme heat. Sec. 102. Study on naming heat waves. Sec. 103. Grants for checking on seniors during extreme heat events. Sec. 104. Study for improved tracking of data on deaths related to heat or other environmental factors. Title II—Community Resilience and Cooling Centers Sec. 201. Grants for community resilience centers. Sec. 202. Grants for community resilience and cooling centers to purchase or repair HVAC systems and passive cooling systems. Sec. 203. Grants for outreach and publicity regarding community resilience and cooling centers. Sec. 204. Payroll credit for cooling centers. Title III—Housing Sec. 301. Grants for providing cooling systems in public housing units. Sec. 302. Guidance on air conditioning costs and utility allowances. Sec. 303. Report to Congress on need for safe residential temperatures; regulations. Sec. 304. Grants for providing safe residential temperatures in all federally assisted dwellings. Sec. 305. Box fan expenses reimbursable through health saving accounts. Sec. 306. Study on air conditioning recycling and rebate program. Sec. 307. Report on revising State allotment payments under the Low-Income Home Energy Assistance Act. Title IV—Urban Development Sec. 401. Grants for construction of usable public water features. Sec. 402. Grant program to develop and improve high quality urban green spaces. Sec. 403. Tree planting grant program. Title V—Definitions Sec. 501. Definitions. I Heat Emergency 101. National ranking system for extreme heat Not later than 180 days after the date of enactment of this Act, the Director of the National Weather Service shall establish a national ranking system pilot program to evaluate and communicate to the public the severity and risk of extreme heat based on human health outcomes (mortality and morbidity). Not later than 1 year after the establishment of such program, the Director of the National Weather Service shall submit to Congress a report providing recommendations and evaluating the impact of the national ranking system for extreme heat on public preparedness and response. 102. Study on naming heat waves Not later than 180 days after the date of enactment of this Act, the Director of the National Weather Service shall submit to Congress a report containing the results of a study on the impact that naming heat waves has on public preparedness and response. 103. Grants for checking on seniors during extreme heat events (a) In general The Secretary of Health and Human Services may award grants to eligible entities to develop and implement a program under which each grant recipient— (1) operates a registry of seniors who reside in the jurisdiction of the grant recipient; (2) includes seniors in such registry only if they opt into being included; and (3) during periods of extreme heat, provides for checks on the health and well-being of seniors in the registry— (A) by telephone; or (B) by other means approved by the senior involved. (b) Priority In awarding grants under this section, the Secretary shall give priority to— (1) eligible entities described in subparagraph (A), (B), or (C) of subsection (c) whose jurisdictions include one or more overburdened communities; and (2) eligible entities described in subparagraph (D) of subsection (c) whose target populations for outreach and services include the residents of one or more overburdened communities. (c) Definitions In this section: (1) The term eligible entity (A) a State, Territory, or Tribal agency; (B) a local governmental entity; (C) an Indian Tribe; and (D) a nonprofit organization, community group, clinic, or other entity engaged in providing outreach and services to seniors. (2) The term Indian Tribe 25 U.S.C. 5304 (3) The term local governmental entity (4) The term overburdened community (A) 35 percent or more of households qualify as low-income households; (B) 40 percent or more of residents identify as a minority or as members of a State-recognized Tribal community; or (C) 40 percent or more of households are limited English proficiency households. (5) The term Secretary (6) The term senior (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2030. 104. Study for improved tracking of data on deaths related to heat or other environmental factors The Director of the Centers for Disease Control and Prevention, acting through the National Vital Statistics System of the National Center for Health Statistics, in consultation with the relevant White House Interagency Working Group on Extreme Heat, shall— (1) conduct a study on the impact of meteorological conditions on all-cause mortality; (2) as part of such study, develop recommendations for revising the United States standard certificate of death to collect information on deaths that are related to heat or other environmental factors; and (3) not later than 180 days after the date of enactment of this Act, complete such study and submit a report on the results of such study to the Congress. II Community Resilience and Cooling Centers 201. Grants for community resilience centers (a) Authority The Secretary of Housing and Urban Development (in this section referred to as the Secretary (b) Eligible entities Grants under the program under this section may be made only to a State, Indian tribe, unit of general local government, or nonprofit organization. (c) Eligible activities Amounts from a grant under the program under this section may be used only to establish new, or assist existing, community resilience centers, including for— (1) acquisition or improvement of facilities to serve as community resilience centers; (2) acquisition or repair of cooling equipment, heating equipment, and generators for a community resilience center; (3) obtaining supplies of food, water, medical supplies, and emergency supplies for users of a community resilience center; (4) operating costs associated with a community resilience center, including hiring staff for a center; (5) obtaining educational material on climate change resilience and other related educational material; and (6) such other costs and activities relating to community resilience centers as the Secretary may provide. (d) Application The Secretary shall provide for eligible entities to apply for grants under the program under this section and shall require applications to include a community engagement plan for decision making relating to a community resilience center and an outreach plan to inform the community of the center. (e) Selection The Secretary shall select applicant eligible entities to receive grants under the program under this section based on a competition, in accordance with such criteria as the Secretary shall establish, which shall provide preference for selection for grants for— (1) eligible entities that will use grant amounts for community resilience centers located in overburdened communities; (2) eligible entities that will ensure that educational activities relating to developing community resilience to extreme weather events will be carried out in connection with the community resilience center or centers assisted; and (3) eligible entities that will upgrade or improve existing spaces that are easily accessible to the community for use as community resilience centers. (f) Authorization of appropriations There is authorized to be appropriated for grants under the program under this section $50,000,000 for each of fiscal years 2023 through 2033. 202. Grants for community resilience and cooling centers to purchase or repair HVAC systems and passive cooling systems (a) Authority The Secretary of Housing and Urban Development (in this section referred to as the Secretary (b) Eligible HVAC systems Amounts from a grant under the program under this section may be used to acquire only heating, ventilation, and air conditioning systems meeting such standards as the Secretary shall establish in consultation with the Secretary of Energy. (c) Eligible passive cooling solutions Amounts from a grant under the program under this section may be used to acquire passive cooling solutions, which may include— (1) cool or green roofs; (2) cool walls; (3) tree planting and maintenance; and (4) cool pavements. (d) Application The Secretary shall provide for community resilience centers and cooling centers to apply for grants under the program under this section and shall require applications to include a statement identifying the number of people served by the community resilience center or cooling center. (e) Selection The Secretary shall provide for community resilience centers and cooling centers to apply for grants under the program under this section and shall select applicants to receive grants under the program under this section based on a competition, in accordance with such criteria as the Secretary shall establish, which shall provide preference for selection for grants for community resilience centers and cooling centers located in overburdened communities. (f) Authorization of appropriations There is authorized to be appropriated for grants under the program under this section $25,000,000 for each of fiscal years 2023 through 2033. 203. Grants for outreach and publicity regarding community resilience and cooling centers (a) Authority The Secretary of Housing and Urban Development (in this section referred to as the Secretary (1) collection of data regarding locations of cooling centers and community resilience centers; and (2) development of platforms, websites, applications, and other tools and methods of communication to assist the public in locating such centers. (b) Application; selection The Secretary shall provide for eligible entities to apply for grants under the program under this section and shall select applicant eligible entities to receive grants under the program under this section based on a competition, in accordance with such criteria as the Secretary shall establish. (c) Authorization of appropriations There is authorized to be appropriated for grants under the program under this section $10,000,000 for each of fiscal years 2023 through 2033. 204. Payroll credit for cooling centers (a) In general Section 3111 (g) Credit for cooling centers (1) In general In the case of an eligible employer, there shall be allowed as a credit against the tax imposed by subsection (a) for each calendar quarter an amount equal to the sum of the amounts determined under subparagraphs (A) and (B) of paragraph (2). (2) Amount of credit (A) Extended hours The amount determined under this paragraph is the hourly cost of labor of the taxpayer multiplied by the number of hours such taxpayer remained open to the public outside of normal operating hours during a heat emergency during the calendar quarter. (B) Free admission days The amount determined under this paragraph is the average daily admission revenue of the taxpayer multiplied by the number of days during the calendar quarter that such taxpayer waived admission fees during a heat emergency. (C) Heat emergency For the purposes of this subsection, the term heat emergency (3) Limitation The credit allowed by paragraph (1) shall not exceed the tax imposed by subsection (a) for any calendar quarter on the wages paid with respect to the employment of all individuals in the employ of the employer. (4) Carryover of unused credit If the amount of the credit allowed under paragraph (1) exceeds the limitation of paragraph (3) for any calendar quarter, such excess shall be carried to the succeeding calendar quarter and allowed as a credit under paragraph (1) for such quarter. (5) Eligible employer For the purposes of this section, the term eligible employer (6) Aggregation rule All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. (7) Election not to have section apply This section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary may prescribe) not to have this section apply. (8) Regulations The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. III Housing 301. Grants for providing cooling systems in public housing units (a) Authority The Secretary of Housing and Urban Development (in this section referred to as the Secretary (b) Eligible activities Amounts from a grant under the program under this section may be used only for costs of acquiring and installing air conditioners or heat pumps that meet such standards as the Secretary shall establish regarding cooling capacity, safety, reliability, and energy efficiency and that serves public housing dwelling units that were constructed before the date of the enactment of this Act. (c) Application The Secretary shall provide for public housing agencies to apply for grants under the program under this section. (d) Selection The Secretary shall select applicant agencies to receive grants under the program under this section based on a competition, in accordance with such criteria as the Secretary shall establish, which shall provide preference for selection for grants for— (1) public housing agencies that serve communities with limited access to cooling centers; and (2) public housing agencies located in areas prone to heat emergencies. (e) Authorization of appropriations There is authorized to be appropriated for grants under the program under this section $25,000,000 for each of fiscal years 2023 through 2026. 302. Guidance on air conditioning costs and utility allowances The Secretary of Housing and Urban Development shall revise the regulations under subpart E of part 965 of volume 24, Code of Federal Regulations (relating to resident allowances for utilities), to ensure that air conditioning costs are included when calculating utility allowance schedules and utility allowances for residents. 303. Report to Congress on need for safe residential temperatures; regulations (a) Report Not later than 3 years after the date of the enactment of this Act, the Secretary of Housing and Urban Development (in this section referred to as the Secretary (1) identifying and compiling data on the availability of air conditioning in covered federally assisted rental dwelling units (as such term is defined in section 304); and (2) identifying and setting forth safe residential temperature standards for such dwelling units; (3) estimating the cost for bringing all covered federally assisted rental dwelling units into compliance with such safe residential temperature standards; and (4) setting forth a plan and mechanisms for bringing all covered federally assisted rental dwelling units into compliance with the safe residential standards. (b) Safe residential temperature standards Not later than 2 years after the date of the enactment of this Act, the Secretary of Housing and Urban Development, in consultation with the Secretary of Agriculture, shall issue regulations establishing safe residential temperature standards for covered federally assisted rental dwelling units based on the safe temperature standards identified in the report under subsection (a) pursuant to subsection (a)(2). 304. Grants for providing safe residential temperatures in all federally assisted dwellings (a) Authority The Secretary of Housing and Urban Development (in this section referred to as the Secretary (b) Eligible activities Amounts from a grant under this section may be used only for costs of acquiring and installing air conditioning or other means or mechanisms that meet such standards as the Secretary shall establish regarding cooling capacity, safety, reliability, and energy efficiency, for covered federally assisted rental dwelling units that were constructed before the date of the enactment of this Act, to enable such dwelling units to comply with the safe residential temperature standards established pursuant to section 303(b) in a manner provided for in the plan set forth in the report under section 6(a) pursuant to subsection 6(a)(4). (c) Applications The Secretaries referred to in subsection (a) shall provide for public housing agencies and owners of covered federally assisted rental dwelling units to apply for grants under the program under this section. (d) Selection The Secretaries referred to in subsection (a) shall select applicant public housing agencies and owners of covered federally assisted rental dwelling units to receive grants under the program under this section based on a competition, in accordance with such criteria as the Secretaries shall establish, which shall provide preference for selection for grants for— (1) covered federally assisted rental dwelling units located in communities with limited access to cooling centers; and (2) covered federally assisted rental dwelling units located in areas prone to heat emergencies. (e) Definitions For the purposes of this Act: (1) Covered federally assisted rental dwelling unit The term covered federally assisted rental dwelling unit (A) the public housing program under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. (B) a program for rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (i) the program for project-based rental assistance; and (ii) the program for tenant-based rental assistance; (C) the AIDS Housing Opportunities program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12901 et seq. (D) the program for supportive housing for the elderly under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q (E) the program for supportive housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 (F) a housing program under section 515, 514, 521, or 542 of title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. (2) Owner The term owner (f) Authorization of appropriations There is authorized to be appropriated for grants under the program under this section such sums as may be necessary for assistance under this section sufficient for all covered federally assisted rental dwelling units to meet the safe residential temperature standards established pursuant to section 6(b). 305. Box fan expenses reimbursable through health saving accounts (a) In general Section 223(d)(2) or box fans shall be treated as paid for medical care (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. 306. Study on air conditioning recycling and rebate program (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report containing the results of a study on the feasibility of a nationwide air conditioner recycling and rebate program for more energy efficient home cooling systems. (b) Inclusions The report submitted under subsection (a) shall include— (1) an analysis of the ability of a program described in such subsection to reduce greenhouse gas emissions and to promote energy savings and efficiency; (2) recommendations on how to promote access to such a program for low-income households, persons with disabilities, senior citizens, and residents of rural areas; and (3) an analysis of the potential economic impacts of providing rebates under such a program for the purchase of Energy Star certified or more energy efficient home cooling systems for low-income households, persons with disabilities, senior citizens, and residents of rural areas. 307. Report on revising State allotment payments under the Low-Income Home Energy Assistance Act The Secretary of Human and Health Services, in consultation with the Secretary of Energy, shall submit to Congress a report on how the formula to allot amounts to States under section 2604 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8623 IV Urban Development 401. Grants for construction of usable public water features (a) Authority The Secretary of Housing and Urban Development (in this section referred to as the Secretary (b) Eligible entities Grants under the program under this section may be made only to a State, Indian tribe, unit of general local government, or nonprofit organization. (c) Eligible water features Amounts from a grant under the program under this section may be used only for costs of constructing water features that— (1) provide recreation or cooling for users, such as splash parks, wading pools, swimming pools, misting systems, and fountains; (2) can be used to provide relief to users from extreme heat conditions; and (3) are available for use by anyone without charge. (d) Applications (1) In general The Secretary shall provide for eligible entities to apply for grants under the program under this section and shall require applications to include a statement identifying the estimated number of people to be served by the feature. (2) Community involvement The Secretary shall require eligible entities to develop a public participation plan to ensure that residents of the area in which a project is to be implemented are involved in the project, which plan— (A) shall provide opportunities for employment for minorities, low- and moderate-income residents in the neighborhood of the project; (B) shall involve residents of the area in decision making regarding the project; and (C) may— (i) provide opportunities for local nonprofits to be involved in the project; (ii) provide opportunities for public input regarding the project; and (iii) include demonstrated support from the community. (e) Selection The Secretary shall select applicant eligible entities to receive grants under the program under this section based on a competition, in accordance with such criteria as the Secretary shall establish, which shall provide preference for selection for grants for eligible entities that will construct eligible water features in areas without access, or with limited access, to cooling centers. (f) Authorization of appropriations There is authorized to be appropriated for grants under the program under this section $50,000,000 for each of fiscal years 2023 through 2033. 402. Grant program to develop and improve high quality urban green spaces (a) Establishment The Secretary of Housing and Urban Development (in this section referred to as the Secretary (b) Use Projects and activities funded with grant amounts under this section shall provide environmental and cooling benefits to overburdened communities, including through planting trees, increasing the urban forestry canopy, improving stormwater management, increasing green infrastructure, employing water conservation measures, and adding green spaces. (c) Eligible entities A grant under this section may only be made to— (1) a State; (2) an Indian Tribe; (3) a unit of general local government; and (4) a nonprofit organization. (d) Applications (1) In general An eligible entity that seeks to receive a grant under subsection (a) shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (2) Contents An application submitted under paragraph (1) shall— (A) describe how the projects and activities to be funded with grant amounts will comply with the requirement under subsection (b); and (B) include a 5-year timeline and budget for the development and improvement of urban green space. (3) Community involvement The Secretary shall require eligible entities to develop a public participation plan to ensure that residents of the area in which a project is to be implemented are involved in the project, which plan— (A) shall provide opportunities for employment for minorities, low- and moderate-income residents in the neighborhood of the project; (B) shall involve residents of the area in decision making regarding the project; and (C) may— (i) provide opportunities for local nonprofits to be involved in the project; (ii) provide opportunities for public input regarding the project; and (iii) include demonstrated support from the community. (e) Selection (1) In general The Secretary shall determine which eligible entities shall receive a grant under this section. (2) Priority In awarding grants under subsection (a), the Secretary shall give priority in selection for grants to eligible entities based on— (A) the extent to which the eligible entity will contribute matching funds for activities conducted with amounts from a grant under this section; and (B) based on the extent to which the project funded with grant amounts would— (i) address demonstrated deficiencies in the condition of and access to cooling green space in the project neighborhood; (ii) build green spaces located within half of a mile of a public housing that is not within half of a mile of any green space; (iii) work collaboratively with local governments, colleges, universities, and other institutions to study urban heat island effects and benefits of cooling green spaces; (iv) use environmentally beneficial components, such as sustainable landscape features, upcycled and recycled materials, and materials with low carbon footprint; (v) contain safe trails or routes, such as trails, bikeways, and sidewalks, that connect to neighborhoods and enhance access to green spaces. (f) Use of amounts An eligible entity that receives a grant under subsection (a) shall use amounts provided to cover costs associated with— (1) rebuilding, remodeling, expanding, integrating, or developing existing or building new green spaces, including improvements in park landscapes, infrastructure, buildings, and support facilities; (2) planting vegetation in project areas, including maintaining and monitoring planted vegetation for a period of up to 5 years to ensure successful establishment; (3) preparing the project site and conducting construction, including the costs of labor and costs associated with use of machinery; (4) training activities associated with the construction; and (5) other relevant costs, as determined by the Secretary. (g) Authorization of appropriations There are authorized to be appropriated to carry out the Program $100,000,000 for each of fiscal years 2023 through 2033. 403. Tree planting grant program (a) Establishment The Secretary of Housing and Urban Development (in this section referred to as the Secretary (b) Applications (1) In general An eligible entity that seeks to receive a grant under subsection (a) shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (2) Contents An application submitted under paragraph (1) shall include a 5-year timeline and budget for the planting and maintenance associated with any qualifying trees awarded. (3) Community involvement The Secretary shall require eligible entities to develop a public participation plan to ensure that residents of the area in which a project is to be implemented are involved in decision making about the project and such public participation plan may include— (A) opportunities for local nonprofits to be involved; (B) opportunities for public input; and (C) demonstrated support from the community. (c) Selection (1) In general The Secretary shall determine which eligible entities shall receive a grant under this section. (2) Priority When awarding grants under subsection (a), the Secretary shall give priority— (A) to eligible entities that, as determined by the Secretary, have or are likely to develop a housing policy plan designed to avoid the displacement of current residents, including a plan for new housing development or a plan for increasing property value in the overburdened community; and (B) applications that utilize tree species that are proven to be more resilient to climate change and extreme weather events common in the area in which a project is to be implemented. (d) Use of amounts An eligible entity that receives a grant under subsection (a) shall use amounts provided to cover costs associated with— (1) implementing the tree planting project in an overburdened community, including— (A) planning and designing the planting activity; (B) purchasing qualifying trees; and (C) preparing the site and conducting planting, including the labor and cost associated with the use of machinery; (2) maintaining and monitoring planted trees for a period of up to 5 years to ensure successful establishment of the qualifying trees; (3) training activities associated with the project; and (4) other relevant costs, as determined by the Secretary. (e) Authorization of appropriations There are authorized to be appropriated to carry out the Program $50,000,000 for each of fiscal years 2022 through 2032. (f) Definitions In this section: (1) Eligible entity The term eligible entity (A) a State, Territory, or Tribal agency; (B) a local government entity; (C) an Indian Tribe; and (D) a nonprofit organization. (2) Limited English proficiency household The term limited English proficiency household very well (3) Local governmental entity The term local governmental entity (4) Qualifying tree The term qualifying tree (A) is a species that is not an invasive species in the eligible area in which such tree is to be planted; and (B) is not a species that is, in the eligible area at the time of planting, being attacked by an invasive species, unless the eligible entity has a plan to limit the risk of death of the tree to be planted. V Definitions 501. Definitions Except as specifically defined otherwise in this Act, for purposes of this Act the following definitions shall apply: (1) Community resilience center The term community resilience center (A) is operated by a State, Indian tribe, unit of general local government, or nonprofit organization; (B) provides a safe, air-conditioned environment meeting such standards as the Secretary shall establish for residents of the community in which it is located to take refuge during extreme heat events; (C) provides a safe, heated environment meeting such standards as the Secretary shall establish for residents of the community in which it is located to take refuge during extreme cold events; (D) is available for such use by anyone without charge; and (E) conducts outreach activities to strengthen the relationship with the community in which it is located. (2) Indian tribe The term Indian tribe 25 U.S.C. 5304 (3) Nonprofit organization The term nonprofit organization (A) is described in section 170(h)(3) (B) operates in accordance with one or more of the purposes described in section 170(h)(4)(A) of that Code. (4) Overburdened community The term overburdened community (A) 35 percent or more of households qualify as low-income households; (B) 40 percent or more of residents identify as a minority or as members of a State-recognized tribal community; or (C) 40 percent or more of households are limited English proficiency households. (5) Public housing agency The term public housing agency 42 U.S.C. 1437a(b) (6) State The term State 42 U.S.C. 5302(a) (7) Unit of general local government The term unit of general local government 42 U.S.C. 5302(a)

Summary: Stay Cool Act This bill addresses risks associated with extreme heat, including through grants and activities that support (1) public preparedness and response to heat emergencies, (2) community-based interventions (e.g., cooling centers), (3) air conditioning and other cooling mechanisms in federally assisted housing, and (4) urban green spaces and vegetation.