I 
116TH CONGRESS 
2D SESSION 
H. R. 8626 
To direct the Secretary of Energy to carry out a grant program to improve 
the energy resilience, energy democracy, and security of communities, 
prioritizing environmental justice communities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 20, 2020 
Ms. BARRAGA´N (for herself, Ms. CLARKE of New York, Mr. SIRES, Ms. 
DEGETTE, Mr. ESPAILLAT, Ms. LEE of California, Ms. SCHAKOWSKY, 
Mr. SOTO, Ms. NORTON, Mr. HASTINGS, Mr. GRIJALVA, Mrs. NAPOLI-
TANO, Mr. TONKO, Mr. HUFFMAN, Ms. VELA´ZQUEZ, Mr. MEEKS, Ms. 
HAALAND, Ms. PINGREE, Ms. OCASIO-CORTEZ, Mr. NADLER, Ms. 
MOORE, Ms. HOULAHAN, and Mr. SUOZZI) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committee on Science, Space, and Technology, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To direct the Secretary of Energy to carry out a grant 
program to improve the energy resilience, energy democ-
racy, and security of communities, prioritizing environ-
mental justice communities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Energy Resilient Com-
munities Act’’. 
SEC. 2. CLEAN ENERGY MICROGRID GRANT PROGRAM. 
(a) IN GENERAL.—The Secretary of Energy shall es-
tablish and carry out a program to provide grants to eligi-
ble entities. 
(b) USE OF FUNDS.—An eligible entity may use a 
grant provided under the program established pursuant to 
subsection (a) to— 
(1) obtain technical assistance to— 
(A) upgrade building codes and standards 
for resiliency to climate change hazards (includ-
ing wildfires, flooding, sea level rise, landslides, 
drought, storms, temperature extremes, and 
other extreme weather events); 
(B) develop an infrastructure resilience 
plan to identify and overcome known climate 
change hazards to critical community infra-
structure; or 
(C) conduct a needs assessment of prospec-
tive clean energy microgrid projects and, as ap-
plicable, 
design 
prospective 
clean 
energy 
microgrids, including assistance to address per-
mitting and siting challenges, understand and 
facilitate financing options, and understand the 
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technical 
characteristics 
of 
clean 
energy 
microgrids; 
(2) provide community outreach and collabo-
rative planning with respect to a prospective project 
described in paragraph (3); or 
(3) carry out a project to develop and con-
struct— 
(A) a clean energy microgrid that supports 
critical community infrastructure; or 
(B) a clean energy microgrid for residences 
of medical baseline customers. 
(c) PRIORITY.— 
(1) IN GENERAL.—In providing grants under 
the program established pursuant to subsection (a), 
the Secretary of Energy shall give priority to an eli-
gible entity that proposes to use a grant to obtain 
technical assistance described in subsection (b)(1), 
provide outreach described in subsection (b)(2), or 
carry out a project described in subsection (b)(3), 
that will benefit an environmental justice commu-
nity. 
(2) TECHNICAL ASSISTANCE AND COMMUNITY 
OUTREACH
GRANTS.—After priority given under 
paragraph (1), in providing grants to obtain tech-
nical assistance described in subsection (b)(1) or 
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provide outreach described in subsection (b)(2), the 
Secretary of Energy shall give priority to an eligible 
entity proposing to obtain technical assistance or 
provide outreach that the Secretary of Energy deter-
mines will further the development of clean energy 
microgrids that are community-owned energy sys-
tems. 
(3) CLEAN ENERGY MICROGRID GRANTS.—After 
priority given under paragraph (1), in providing 
grants under the program established pursuant to 
subsection (a) for projects described in subsection 
(b)(3), the Secretary of Energy shall give priority to 
an eligible entity that— 
(A) proposes to develop and construct a 
clean energy microgrid that, in comparison to 
other clean energy microgrids for which grants 
are sought under such program, will result in 
the greatest reduction— 
(i) of greenhouse gas emissions; 
(ii) of emissions of criteria air pollut-
ants; 
(iii) in public health disparities in 
communities experiencing a dispropor-
tionate level of air pollution; or 
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(iv) in the energy cost burden for 
communities; 
(B) proposes to develop and construct a 
clean energy microgrid that is a community- 
owned energy system; 
(C) proposes to develop and construct a 
clean energy microgrid that, in comparison to 
other clean energy microgrids for which grants 
are sought under such program, will provide the 
greatest amount of resiliency benefits to a juris-
diction in which the microgrid is located; 
(D) proposes to develop and construct a 
clean energy microgrid that minimizes land use 
impacts by— 
(i) siting sources of clean energy with-
in the already-built environment, including 
over rooftops and parking lots; 
(ii) siting sources of clean energy on 
existing brownfield sites or contaminated 
sites; 
(iii) co-locating sources of clean en-
ergy on agricultural lands or over res-
ervoirs; or 
(iv) siting sources of clean energy on 
compatible lands; 
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(E) proposes to, in developing and con-
structing a clean energy microgrid, utilize or in-
volve small businesses or nonprofits that pri-
marily operate or are located within environ-
mental justice communities, particularly those 
that are women-owned and operated or minor-
ity-owned and operated; 
(F) has previously received a grant to ob-
tain technical assistance under such program; 
or 
(G) imposes registered apprentice utiliza-
tion requirements on projects, provided that 
such requirements comply with the apprentice 
to journey worker ratios established by the De-
partment of Labor or the applicable State Ap-
prenticeship Agency. 
(d) EDUCATIONAL OUTREACH PROGRAM.— 
(1) IN GENERAL.—Not later than 90 days after 
funds are made available to carry out this section, 
the Secretary of Energy shall develop and carry out 
an educational outreach program to inform eligible 
entities about the program established pursuant to 
subsection (a). 
(2) CONTRACTS.—The Secretary of Energy 
may enter into third-party contracts to implement 
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the educational outreach program under paragraph 
(1). In entering into contracts pursuant to this para-
graph, the Secretary shall prioritize entering into 
contracts with women-owned and operated or minor-
ity-owned and operated entities. 
(3) PRIORITY.—The educational outreach pro-
gram under paragraph (1) shall prioritize— 
(A) providing information on the program 
established pursuant to subsection (a) to eligi-
ble entities that serve an environmental justice 
community and to environmental justice com-
munities; and 
(B) promoting public understanding of the 
community benefits of clean energy microgrids 
for critical community infrastructure. 
(e) COST SHARE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of the cost of technical 
assistance, outreach, or a project for which a grant 
is provided pursuant to the program established pur-
suant to subsection (a) shall not exceed 60 percent 
of such cost. 
(2) ENVIRONMENTAL
JUSTICE
COMMUNITY.— 
The Federal share of the cost of technical assistance 
that is obtained for, outreach that is provided to, or 
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a project that is carried out in, an environmental 
justice community, and for which a grant is provided 
pursuant to the program established pursuant to 
subsection (a) shall not exceed 90 percent of such 
cost. 
(f) LIMITATION
ON AMOUNT.—The amount of a 
grant provided to an eligible entity under this section to 
carry out a project described in subsection (b)(3) may not 
exceed $10,000,000. 
(g) USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED GOODS.— 
(1) No funds authorized under this section shall 
be made available with respect to a project unless all 
of the iron, steel, and manufactured goods used in 
the project are produced in the United States. 
(2) Paragraph (1) shall not apply in any case 
or category of cases in which the Secretary of En-
ergy finds that— 
(A) applying paragraph (1) would be in-
consistent with the public interest; 
(B) iron, steel, and the relevant manufac-
tured goods are not produced in the United 
States in sufficient and reasonably available 
quantities and of a satisfactory quality; or 
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(C) inclusion of iron, steel, and manufac-
tured goods produced in the United States will 
increase the cost of the overall project by more 
than 25 percent. 
(3) If the Secretary of Energy receives a re-
quest for a waiver under this subsection, the Sec-
retary shall make available to the public on an infor-
mal basis a copy of the request and information 
available to the Secretary concerning the request, 
and shall allow for informal public input on the re-
quest for at least 15 days prior to making a finding 
based on the request. The Secretary shall make the 
request and accompanying information available by 
electronic means, including on the official public 
website of the Department of Energy. 
(4) This subsection shall be applied in a man-
ner consistent with the United States obligations 
under international agreements. 
(h) PREVAILING WAGES.—All laborers and mechan-
ics employed by contractors or subcontractors in the per-
formance of construction, alteration, or repair work as-
sisted, in whole or in part, by a grant under this section 
shall be paid wages at rates not less than those prevailing 
on similar construction in the locality as determined by 
the Secretary of Labor in accordance with subchapter IV 
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of chapter 31 of title 40, United States Code. With respect 
to the labor standards in this subsection, the Secretary 
of Labor shall have 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. 
(i) PROJECT LABOR.—An eligible entity that uses a 
grant provided under this section to construct a clean en-
ergy microgrid shall ensure, to the greatest extent prac-
ticable, that any subgrantee of such eligible entity, and 
any subgrantee thereof, that carries out such construction 
employs at least 40 percent of laborers or mechanics for 
such construction that are individuals who— 
(1) are domiciled, if the applicable construction 
area is— 
(A) a major urban area, not further than 
15 miles from such construction area; or 
(B) not a major urban area, not further 
than 50 miles from such construction area; 
(2) are displaced and unemployed energy work-
ers; 
(3) are members of the Armed Forces serving 
on active duty, separated from active duty, or retired 
from active duty; 
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(4) have been incarcerated or served time in a 
juvenile or adult detention or correctional facility, or 
been placed on probation, community supervision, or 
in a diversion scheme; 
(5) have a disability; 
(6) are homeless; 
(7) are receiving public assistance; 
(8) lack a general education diploma or high 
school diploma; 
(9) are emancipated from the foster care sys-
tem; 
(10) reside or work in an environmental justice 
community; or 
(11) are registered apprentices with fewer than 
15 percent of the required graduating apprentice 
hours in a program. 
(j) REPORTS.—The Secretary of Energy shall submit 
to Congress, and make available on the public website of 
the Department of Energy, an annual report on the pro-
gram established pursuant to subsection (a) that includes, 
with respect to the previous year— 
(1) the number of grants provided; 
(2) the total dollar amount of all grants pro-
vided; 
(3) a list of grant disbursements by State; 
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(4) for each grant provided— 
(A) a description of the technical assist-
ance obtained, outreach provided, or project 
carried out with grants funds; and 
(B) whether the grant is provided to obtain 
technical assistance, provide outreach, or carry 
out a project with respect to an environmental 
justice community; and 
(5) for each grant provided to carry out a clean 
energy microgrid project— 
(A) employment data for such project, in-
cluding the number of jobs created and what 
percent of laborers and mechanics hired for 
such project meet the criteria under subsection 
(i); 
(B) the greenhouse gas and criteria air 
pollutant reduction impacts for such project; 
(C) the public health benefits from such 
project; and 
(D) the reduced energy cost burden from 
such project. 
(k) FUNDING.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—For 
each of fiscal years 2021 through 2030, there is au-
thorized to be appropriated— 
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(A) $50,000,000 for grants for technical 
assistance described in subsection (b)(1) and 
outreach described in subsection (b)(2); and 
(B) $1,500,000,000 for grants for projects 
described in subsection (b)(3). 
(2) COMMUNITY-OWNED
ENERGY
SYSTEMS.— 
To the maximum extent practicable, not less than 10 
percent of the amount appropriated under para-
graph (1)(B) for any fiscal year shall be used to pro-
vide grants for projects to develop and construct 
clean energy microgrids that are community-owned 
energy systems. 
(3) ADMINISTRATIVE EXPENSES.— 
(A) TECHNICAL
ASSISTANCE
AND
OUT-
REACH.—The Secretary may use not more than 
2 percent of the amount appropriated for any 
fiscal year under paragraph (1)(A) for adminis-
trative expenses. 
(B) 
CLEAN
ENERGY
MICROGRID 
PROJECTS.—The Secretary may use not more 
than 2 percent of the amount appropriated for 
any fiscal year under paragraph (1)(B) for ad-
ministrative expenses, including expenses for 
carrying out the educational outreach program 
under subsection (d). 
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(l) DEFINITIONS.—In this section: 
(1) CLEAN ENERGY.—The term ‘‘clean energy’’ 
means electric energy generated from solar, wind, 
geothermal, existing hydropower, micro-hydropower, 
hydrokinetic, or hydrogen fuel cells. 
(2) COMMUNITY OF COLOR.—The term ‘‘com-
munity of color’’ means a geographically distinct 
area in which the population of any of the following 
categories of individuals is higher than the average 
populations of that category for the State in which 
the community is located: 
(A) Black. 
(B) African American. 
(C) Asian. 
(D) Pacific Islander. 
(E) Other non-White race. 
(F) Non-White Hispanic. 
(G) Latino. 
(H) Linguistically isolated. 
(3) COMMUNITY-OWNED
ENERGY
SYSTEM.— 
The term ‘‘community-owned energy system’’ means 
an energy system owned— 
(A) by the local government where the sys-
tem is located; 
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(B) by a nonprofit organization that is 
based in the local jurisdiction where the energy 
system is located; 
(C) collectively, by community members; or 
(D) by a worker-owned or community- 
owned for-profit entity. 
(4) COMPATIBLE LAND.—The term ‘‘compatible 
land’’ means land that is at least 5 miles away from 
existing protected areas and within 3 miles of exist-
ing transmission infrastructure. 
(5) CRITICAL COMMUNITY INFRASTRUCTURE.— 
The term ‘‘critical community infrastructure’’ means 
infrastructure that is necessary to providing vital 
community and individual functions, including— 
(A) schools; 
(B) town halls; 
(C) public safety facilities; 
(D) hospitals; 
(E) health clinics; 
(F) community centers; 
(G) community nonprofit facilities pro-
viding essential services; 
(H) libraries; 
(I) grocery stores; 
(J) emergency management facilities; 
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(K) water systems; 
(L) homeless shelters; 
(M) senior housing; and 
(N) public or affordable housing. 
(6) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State, territory of the United States, 
or Tribal agency; 
(B) a local government; 
(C) an electric utility; 
(D) a nonprofit organization; or 
(E) a partnership between— 
(i) a private entity, or a nonprofit or-
ganization, that owns critical community 
infrastructure; and 
(ii) a State, territory of the United 
States, Tribal agency, or local government. 
(7) ENVIRONMENTAL
JUSTICE
COMMUNITY.— 
The term ‘‘environmental justice community’’ means 
a community with significant representation of com-
munities of color, low-income communities, or Tribal 
and indigenous communities, that experiences, or is 
at risk of experiencing, higher or more adverse 
human health or environmental effects. 
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(8) LOW-INCOME COMMUNITY.—The term ‘‘low- 
income community’’ means any census block group 
in which 30 percent or more of the population are 
individuals with an annual household income equal 
to, or less than, the greater of— 
(A) an amount equal to 80 percent of the 
median income of the area in which the house-
hold is located, as reported by the Department 
of Housing and Urban Development; and 
(B) 200 percent of the Federal poverty 
line. 
(9) MAJOR
URBAN
AREA.—The term ‘‘major 
urban area’’ means a metropolitan statistical area 
within the United States with an estimated popu-
lation that is greater than or equal to 1,500,000. 
(10) MEDICAL
BASELINE
CUSTOMER.—The 
term ‘‘medical baseline customer’’ means a customer 
of an electric utility with special energy needs due 
to a medical condition, including energy needs for— 
(A) a motorized wheelchair; 
(B) a ventilator; 
(C) a dialysis machine; 
(D) an apnea monitor; 
(E) an electrostatic nebulizer; 
(F) a respirator; 
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(G) medication requiring refrigeration; and 
(H) for a customer with a vulnerable res-
piratory system, an air cleaning system. 
(11) 
MICROGRID.—The 
term 
‘‘microgrid’’ 
means an interconnected system of loads and clean 
energy resources (including distributed energy re-
sources, energy storage, demand response tools, and 
other management, forecasting, and analytical tools) 
which— 
(A) is appropriately sized to meet the crit-
ical needs of its customers; 
(B) is contained within a clearly defined 
electrical boundary and has the ability to oper-
ate as a single and controllable entity; 
(C) has the ability to— 
(i) connect to, disconnect from, or run 
in parallel with the applicable grid region; 
or 
(ii) be managed and isolated from the 
applicable grid region in order to withstand 
larger disturbances and maintain the sup-
ply of electricity to a connected location; 
(D) has no point of interconnection to the 
applicable grid region with a throughput capac-
ity in excess of 20 megawatts; and 
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(E) can connect to one building or multiple 
interconnected buildings. 
(12) MICRO-HYDROPOWER.—The term ‘‘micro- 
hydropower’’ means hydropower that produces no 
more than 100 kilowatts of electricity using the nat-
ural flow of water. 
(13) PRODUCED IN THE UNITED STATES.—The 
term ‘‘produced in the United States’’ means, in the 
case of iron or steel, that all manufacturing proc-
esses, including the application of a coating, occur in 
the United States. 
(14) REGISTERED
APPRENTICE.—The term 
‘‘registered apprentice’’ means a person in an ap-
prenticeship program that is registered with, and ap-
proved by, the United States Department of Labor 
or a State Apprenticeship Agency in accordance with 
parts 29 and 30 of title 29, Code of Federal Regula-
tions (as in effect on January 1, 2020). 
(15) SMALL BUSINESS.—The term ‘‘small busi-
ness’’ has the meaning given the term ‘‘small busi-
ness concern’’ under section 3 of the Small Business 
Act (15 U.S.C. 632). 
(16) TRIBAL AND INDIGENOUS COMMUNITY.— 
The term ‘‘Tribal and indigenous community’’ 
means a population of people who are members of— 
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(A) a federally recognized Indian Tribe; 
(B) a State-recognized Indian Tribe; 
(C) an Alaska Native or Native Hawaiian 
community or organization; or 
(D) any other community of indigenous 
people located in a State. 
Æ 
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