Buy Green Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1925 To support and fund the Federal procurement of clean energy products, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 27, 2021 Ms. WARREN (for herself and Mr. SANDERS) introduced the following bill; which was read twice and referred to the Committee on Homeland Secu- rity and Governmental Affairs A BILL To support and fund the Federal procurement of clean energy products, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Buy Green Act of 4 2021’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) APPROPRIATE COMMITTEES OF CON- 8 GRESS.—The term ‘‘appropriate committees of Con- 9 gress’’ means— 10 VerDate Sep 11 2014 00:09 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1925 IS (A) the Committee on Commerce, Science, 1 and Transportation of the Senate; 2 (B) the Committee on Environment and 3 Public Works of the Senate; 4 (C) the Committee on Transportation and 5 Infrastructure of the House of Representatives; 6 and 7 (D) the Committee on Energy and Com- 8 merce of the House of Representatives. 9 (2) CLEAN POWER.—The term ‘‘clean power’’ 10 means power derived from a renewable energy 11 source. 12 (3) COVERED PRODUCT.— 13 (A) IN GENERAL.—The term ‘‘covered 14 product’’ means— 15 (i) energy— 16 (I) used to power a facility; and 17 (II) the production of which 18 comes from a renewable energy 19 source; and 20 (ii) a product that— 21 (I) is produced or manufac- 22 tured— 23 VerDate Sep 11 2014 00:09 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1925 IS (aa) in the United States 1 (including the territories of the 2 United States); 3 (bb) in accordance with all 4 relevant energy efficiency, envi- 5 ronmental preference, and safety 6 designations; and 7 (cc) by an entity that com- 8 plies with the labor requirements 9 under section 6; and 10 (II) reduces energy usage during 11 the lifecycle of the product by— 12 (aa) minimizing energy, 13 water, or material resources asso- 14 ciated with the product; 15 (bb) increasing opportunities 16 for reuse and recycling due to the 17 durability or repairability of the 18 product; and 19 (cc) improving environ- 20 mental and human health im- 21 pacts. 22 (B) INCLUSIONS.—The term ‘‘covered 23 product’’ includes a product described in sub- 24 paragraph (A)(ii) that— 25 VerDate Sep 11 2014 00:09 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1925 IS (i) is a zero-emission vehicle or a non- 1 motorized alternative mode of transpor- 2 tation; 3 (ii) is a zero-emission form of public 4 transportation, including high-speed rail; 5 (iii) is a product or low-carbon mate- 6 rial used to design, construct, or retrofit 7 buildings, including a product bearing the 8 Green Seal certification; 9 (iv) improves the energy efficiency 10 measures of facilities to make facilities en- 11 vironmentally responsible; 12 (v) is a product used to maintain or 13 clean buildings; 14 (vi) is an appliance certified under the 15 Energy Star program established under 16 section 324A of the Energy Policy and 17 Conservation Act (42 U.S.C. 6294a); 18 (vii) is an electronics product bearing 19 the EPEAT certification; or 20 (viii) is an energy-storage technology. 21 (4) COVERED SMALL BUSINESS.—The term 22 ‘‘covered small business’’ means— 23 (A) a small business concern owned and 24 controlled by socially and economically dis- 25 VerDate Sep 11 2014 00:09 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1925 IS advantaged individuals (as defined in section 1 8(d)(3)(C) of the Small Business Act (15 2 U.S.C. 637(d)(3)(C))); 3 (B) a small business concern owned and 4 controlled by women (as defined in section 3 of 5 that Act (15 U.S.C. 632)); and 6 (C) a small business concern owned and 7 controlled by veterans (as defined in section 3 8 of that Act (15 U.S.C. 632)). 9 (5) ELIGIBLE MATERIAL.—The term ‘‘eligible 10 material’’ means a material for which the Secretary 11 establishes a maximum global warming potential 12 under section 4(b). 13 (6) ENVIRONMENTALLY RESPONSIBLE.—The 14 term ‘‘environmentally responsible’’, with respect to 15 a facility or manufacturing capability, means that— 16 (A) the facility or manufacturing capability 17 is in compliance with, or carried out in accord- 18 ance with, as applicable, all relevant energy effi- 19 ciency, environmental preference, and safety 20 designations; and 21 (B) in the case of a facility, the facility is 22 built or retrofitted with materials that minimize 23 the use of— 24 (i) energy; 25 VerDate Sep 11 2014 00:09 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1925 IS (ii) water; and 1 (iii) material resources that produce 2 pollutants or toxins, as determined by the 3 Secretary. 4 (7) FEDERAL BUILDING.—The term ‘‘Federal 5 building’’ has the meaning given the term in section 6 551 of the National Energy Conservation Policy Act 7 (42 U.S.C. 8259). 8 (8) FRONTLINE, VULNERABLE, AND DISADVAN- 9 TAGED COMMUNITY.—The term ‘‘frontline, vulner- 10 able, and disadvantaged community’’ means a com- 11 munity— 12 (A) in an area described in section 301(a) 13 of the Public Works and Economic Develop- 14 ment Act of 1965 (42 U.S.C. 3161(a)); and 15 (B) in which climate change, pollution, or 16 environmental destruction have exacerbated sys- 17 temic racial, regional, social, environmental, 18 gender, and economic injustices by dispropor- 19 tionately affecting Black, Brown, and Indige- 20 nous peoples, other communities of color, mi- 21 grant communities, deindustrialized commu- 22 nities, depopulated rural communities, the poor, 23 low-income workers, women, the elderly, the 24 unhoused, people with disabilities, or youth. 25 VerDate Sep 11 2014 00:09 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1925 IS (9) FUND.—The term ‘‘Fund’’ means the Clean 1 Energy Fund established under section 3(a). 2 (10) GLOBAL WARMING POTENTIAL.—The term 3 ‘‘global warming potential’’, with respect to an eligi- 4 ble material, means a measure that indicates how 5 much energy the emissions of 1 ton of gases associ- 6 ated with the life cycle of that eligible material, in- 7 cluding the manufacture, use, and disposal of that 8 eligible material, will absorb, on average, over a 9 given period of time, relative to the emissions of 1 10 ton of carbon dioxide. 11 (11) OVERSIGHT ADVISORY BOARD.—The term 12 ‘‘Oversight Advisory Board’’ means the Green Pro- 13 curement Oversight Advisory Board established 14 under section 7. 15 (12) RENEWABLE ENERGY SOURCE.—The term 16 ‘‘renewable energy source’’ means energy generated 17 from a renewable source, including the following re- 18 newable energy sources: 19 (A) Solar, including electricity. 20 (B) Wind. 21 (C) Ocean, including tidal, wave, current, 22 and thermal. 23 (D) Geothermal, including electricity and 24 heat pumps. 25 VerDate Sep 11 2014 00:09 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1925 IS (E) Hydroelectric generation capacity 1 achieved from increased efficiency or additions 2 of new capacity at an existing hydroelectric 3 project that was placed in service on or after 4 January 1, 1999. 5 (F) Hydrogen derived from a renewable 6 source of energy. 7 (G) Thermal energy generated by any of 8 the sources described in subparagraphs (A) 9 through (F). 10 (13) SECRETARY.—The term ‘‘Secretary’’ 11 means the Secretary of Energy. 12 (14) SMALL BUSINESS.—The term ‘‘small busi- 13 ness’’ has the meaning given the term ‘‘small busi- 14 ness concern’’ in section 3 of the Small Business Act 15 (15 U.S.C. 632). 16 SEC. 3. CLEAN ENERGY FUND. 17 (a) IN GENERAL.—Not later than January 1, 2023, 18 the Secretary shall establish a fund in the Department of 19 Energy, to be known as the ‘‘Clean Energy Fund’’. 20 (b) USE OF FUND.— 21 (1) IN GENERAL.—The Secretary shall— 22 (A) use amounts in the Fund— 23 (i) to purchase covered products for 24 use by the Secretary, including covered 25 VerDate Sep 11 2014 00:09 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1925 IS products relating to information technology 1 and general supplies and services, in ac- 2 cordance with subsection (g) and section 5; 3 (ii) to establish and carry out the 4 grant programs under subsections (c) and 5 (d); and 6 (iii) to carry out the Federal building 7 activities described in subsection (e); and 8 (B) transfer amounts from the Fund— 9 (i) to 1 or more Federal agencies (ex- 10 cluding the Department of Defense)— 11 (I) to purchase covered products 12 for use by the Federal agency, in ac- 13 cordance with subsection (g) and sec- 14 tion 5; and 15 (II) to carry out the Federal 16 building activities described in sub- 17 section (e); and 18 (ii) to the Administrator of General 19 Services to carry out subsection (f). 20 (2) PURCHASES FROM SMALL BUSINESSES.—Of 21 the amounts from the Fund made available to a 22 Federal agency in a fiscal year, the head of the Fed- 23 eral agency shall ensure that not less than 20 per- 24 VerDate Sep 11 2014 00:09 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1925 IS cent is used to purchase covered products from small 1 businesses and covered small businesses. 2 (c) STATE, TRIBAL, AND LOCAL GOVERNMENT 3 GRANT PROGRAM.— 4 (1) IN GENERAL.—Not later than January 1, 5 2023, the Secretary, in coordination with the Sec- 6 retary of the Treasury, shall establish a green pro- 7 curement grant program under which the Secretary 8 shall provide grants on a competitive basis to States, 9 Indian Tribes, and units of local government to pur- 10 chase covered products for use by the State, Indian 11 Tribe, or unit of local government, as applicable, in 12 accordance with subsection (g), section 5, and the 13 labor requirements under section 6. 14 (2) SELECTION OF GRANT RECIPIENTS.—The 15 Secretary shall— 16 (A) share with the Oversight Advisory 17 Board applications received under the grant 18 program established under paragraph (1); and 19 (B) in coordination with the Secretary of 20 the Treasury, select grant recipients under that 21 program after receiving the recommendations of 22 the Oversight Advisory Board relating to grant 23 recipients. 24 VerDate Sep 11 2014 00:09 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1925 IS (3) DISTRIBUTION OF GRANTS.—Of the 1 amounts available in the Fund in a fiscal year to 2 carry out the program under paragraph (1), the Sec- 3 retary shall ensure that— 4 (A) not less than 60 percent but not more 5 than 65 percent of the amount of a grant 6 awarded to a State, Indian Tribe, or unit of 7 local government shall be used to purchase cov- 8 ered products for use in urban areas located in 9 or under the jurisdiction of the State, Indian 10 Tribe, or unit of local government, as applica- 11 ble; 12 (B) not less than 40 percent of the amount 13 of a grant awarded to a State, Indian Tribe, or 14 unit of local government shall be used to pur- 15 chase covered products for use in frontline, vul- 16 nerable, and disadvantaged communities located 17 in or under the jurisdiction of the State, Indian 18 Tribe, or unit of local government, as applica- 19 ble; and 20 (C) not less than 20 percent of the amount 21 of a grant awarded to a State, Indian Tribe, or 22 unit of local government shall be used to pur- 23 chase covered products from small businesses 24 and covered small businesses. 25 VerDate Sep 11 2014 00:09 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1925 IS (4) PRIORITY FOR SCHOOL BUS ELECTRIFICA- 1 TION.—In providing grants under paragraph (1), the 2 Secretary shall give priority to States, Indian Tribes, 3 and units of local government that will use the grant 4 for the electrification of school buses in frontline, 5 vulnerable, and disadvantaged communities and sub- 6 sequently in all other communities located in or 7 under the jurisdiction of the State, Indian Tribe, or 8 unit of local government, as applicable. 9 (5) DURATION OF GRANT.—Funds provided 10 under a grant under paragraph (1) shall be available 11 to the State, Indian Tribe, or unit of local govern- 12 ment receiving the grant for not less than 3 years 13 after the date on which the funds are provided. 14 (d) INDUSTRY GRANTS.— 15 (1) DEFINITIONS.—In this subsection: 16 (A) ELIGIBLE ENTITY.— 17 (i) IN GENERAL.—The term ‘‘eligible 18 entity’’ means a company that— 19 (I) is organized under the laws of 20 the United States or any jurisdiction 21 within the United States; or 22 (II) is otherwise subject to the 23 jurisdiction of the United States. 24 VerDate Sep 11 2014 00:09 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925 kjohnson on DSK79L0C42PROD with BILLS 13 •S 1925 IS (ii) EXCLUSION.—The term ‘‘eligible 1 entity’’ does not include a foreign branch 2 of a company described in clause (i). 3 (B) GREENHOUSE GAS EMISSIONS.—The 4 term ‘‘greenhouse gas emissions’’ means emis- 5 sions of any of the following gases: 6 (i) Carbon dioxide. 7 (ii) Methane. 8 (iii) Nitrous oxide. 9 (iv) Hydrofluorocarbons. 10 (v) Perfluorocarbons. 11 (vi) Sulfur hexafluoride. 12 (vii) Nitrogen trifluoride. 13 (2) ESTABLISHMENT.—Not later than January 14 1, 2022, the Secretary shall establish a program 15 under which the Secretary shall provide grants, on 16 a competitive basis, to eligible entities— 17 (A) to retrofit or otherwise upgrade facili- 18 ties that produce covered products, including to 19 make those facilities environmentally respon- 20 sible; and 21 (B) for the development of environmentally 22 responsible manufacturing capabilities to bol- 23 ster the production of covered products, includ- 24 ing by— 25 VerDate Sep 11 2014 00:09 Jun 16, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925 kjohnson on DSK79L0C42PROD with BILLS 14 •S 1925 IS (i) co [Text truncated for display. Full text available on Congress.gov.]