Bill Sponsor
House Bill 4314
118th Congress(2023-2024)
Stay Cool Act
Introduced
Introduced
Introduced in House on Jun 22, 2023
Overview
Text
Introduced in House 
Jun 22, 2023
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Introduced in House(Jun 22, 2023)
Jun 22, 2023
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H. R. 4314 (Introduced-in-House)


118th CONGRESS
1st Session
H. R. 4314


To improve response to, and preparation for, heat waves and extreme heat, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

June 22, 2023

Mrs. Watson Coleman (for herself, Mr. Gallego, Ms. Bush, Ms. Clarke of New York, Ms. Castor of Florida, Mr. Cárdenas, Mr. Evans, Mr. Payne, Ms. Matsui, and Mr. Doggett) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committees on Science, Space, and Technology, Energy and Commerce, Ways and Means, and Education and the Workforce, 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 improve response to, and preparation for, heat waves and extreme heat, 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. Short title.

This Act may be cited as the “Stay Cool Act”.

SEC. 2. Table of contents.

The table of contents for this Act is as follows:


Sec. 1. Short title.

Sec. 2. Table of contents.


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.

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.

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.

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.

Sec. 501. Definitions.

SEC. 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.

SEC. 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.

SEC. 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” means—

(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” has the meaning given to that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(3) The term “local governmental entity” means any municipal government or county government with jurisdiction over local land use decisions.

(4) The term “overburdened community” means, as determined by the Secretary, an area where—

(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” means the Secretary of Health and Human Services.

(6) The term “senior” has the meaning given to that term by the Secretary for purposes of this section.

(d) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2032.

SEC. 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.

SEC. 201. Grants for community resilience centers.

(a) Authority.—The Secretary of Housing and Urban Development (in this section referred to as the “Secretary”) shall carry out a program under this section to make grants to eligible entities for the establishment and assistance of community resilience centers in overburdened communities.

(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 2024 through 2034.

SEC. 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”) shall carry out a program under this section to make grants to community resilience centers and cooling centers for the costs of acquiring new heating, ventilation, and air conditioning systems and passive cooling solutions for such facilities.

(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 2024 through 2034.

SEC. 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”) shall carry out a program under this section to make grants to States and units of general local government for use to carry out outreach, publicity, and education activities to inform the public regarding the location, function, and availability of cooling centers and community resilience centers, including for—

(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 2024 through 2034.

SEC. 204. Payroll credit for cooling centers.

(a) In general.—Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

“(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’ means an excessive heat warning, excessive heat watch, or heat advisory issued by the National Weather Service.

“(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’ means a community center, library or museum that is described in section 501(c)(3) and exempt from taxation under section 501(a).

“(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.

SEC. 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”) shall carry out a program under this section to make grants to public housing agencies for the installation of air conditioners or heat pumps for public housing dwelling units.

(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 2024 through 2027.

SEC. 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.

SEC. 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”), in coordination with the Secretary of Agriculture and in consultation with the relevant White House Interagency Working Group on Extreme Heat, shall submit to the Congress a report—

(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);

(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).

SEC. 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”), in coordination with the Secretary of Agriculture and in consultation with the relevant White House Interagency Working Group on Extreme Heat, shall carry out a program under this section to make grants to public housing agencies and owners of covered federally assisted rental dwelling units to enable covered federally assisted rental dwelling units to comply with the safe residential temperature standards in public housing and established pursuant to section 303(b).

(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”’ means a residential dwelling unit that is made available for rental and for which assistance is provided, or that is part of a housing project for which assistance is provided, under—

(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), including—

(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); or

(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” means, with respect to a covered federally assisted rental dwelling unit, any private person or entity, including a cooperative, an agency of the Federal Government, or a public housing agency, having the legal right to lease or sublease dwelling units.

(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).

SEC. 305. Box fan expenses reimbursable through health saving accounts.

(a) In general.—Section 223(d)(2)(A) of the Internal Revenue Code of 1986 is amended by inserting “or box fans” before “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.

SEC. 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.

SEC. 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) could be revised to account for the energy needs of all low-income households in States, including low-income households that do not use, or under-use, a source of heating or cooling.

SEC. 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”) shall carry out a program under this section to make grants to eligible entities for the construction of eligible water features in overburdened communities.

(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 2024 through 2034.

SEC. 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”), in coordination with the Director of the National Park Service, shall establish a grant program under which the Secretary shall award grants to eligible entities under subsection (c) to improve or develop high quality urban green spaces located in overburdened communities to lower surface temperatures through increased urban vegetation.

(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 2024 through 2034.

SEC. 403. Tree planting grant program.

(a) Establishment.—The Secretary of Housing and Urban Development (in this section referred to as the “Secretary”), in coordination with the Secretary of Agriculture, acting through the Chief of the Forest Service, shall establish a grant program under which the Secretary shall award grants to eligible entities to plant qualifying trees in overburdened communities for the purpose of mitigating and reducing high surface temperatures and cooling the surrounding area.”.

(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 2024 through 2034.

(f) Definitions.—In this section:

(1) ELIGIBLE ENTITY.—The term “eligible entity” means—

(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” means that a household does not have an adult that speaks English “very well” as determined by the United States Census Bureau.

(3) LOCAL GOVERNMENTAL ENTITY.—The term “local governmental entity” means any municipal government or county government with jurisdiction over local land use decisions.

(4) QUALIFYING TREE.—The term “qualifying tree” means a tree that—

(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.

SEC. 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” means a facility that—

(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” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(3) NONPROFIT ORGANIZATION.—The term “nonprofit organization” means an organization that—

(A) is described in section 170(h)(3) of the Internal Revenue Code of 1986; and

(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” means, as determined by the Secretary, an area where—

(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” has the meaning given such term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

(6) STATE.—The term “State” has the meaning given such term in section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)).

(7) UNIT OF GENERAL LOCAL GOVERNMENT.—The term “unit of general local government” has the meaning given such term in section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)).