Overview
Title
To amend the Toxic Substances Control Act to authorize grants for toxic substances remediation in schools, to reauthorize healthy high-performance schools, and for other purposes.
ELI5 AI
S. 5363 is a plan to help schools get rid of harmful stuff like lead and asbestos and make the air inside schools cleaner. It gives a lot of money to states and tribes over ten years to make schools healthier for kids.
Summary AI
S. 5363 aims to amend the Toxic Substances Control Act to provide grants for eliminating toxic substances in schools and improving indoor air quality. The bill proposes financial support to states, Indian tribes, and other agencies to address environmental hazards like lead, asbestos, and poor air quality in educational facilities. It also seeks to enhance training, monitoring, and remediation practices, focusing on facilities with high poverty rates and those run by Indian Tribes. Additionally, the bill authorizes funding for these initiatives through 2035, supporting healthier school environments.
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AnalysisAI
General Summary of the Bill
The proposed legislation titled "Get Toxic Substances Out of Schools Act of 2024" aims to amend the existing Toxic Substances Control Act to provide grants for toxic substances remediation in schools. It seeks to address environmental threats in educational settings by funding various measures, such as inspections and removal of hazardous materials like lead and asbestos. The bill also reauthorizes programs meant to create healthier school environments and promotes the improvement of indoor air quality. Moreover, it encourages coordination among federal and state agencies to ensure better implementation of environmental health standards in education facilities.
Summary of Significant Issues
One of the important issues associated with this bill is the allocation of substantial funds—$5.2 billion annually over ten years—for the purpose of toxic substances remediation in schools. However, there are concerns that the bill lacks detailed criteria for evaluating the effectiveness of spending, which raises potential risks of waste and inadequate oversight.
Another issue is the provisions related to the "100% Federal share waiver," which could lead to exploitation if not carefully monitored. Similar concerns arise with the apprenticeship utilization and wage requirements that might burden smaller contractors, making it challenging for them to comply due to complex regulations and reporting demands.
The bill's phrasing regarding the use of American materials includes waiver authority, which could be subject to misuse if not properly controlled. This, combined with the broad definition of "environmental concern," might lead to inconsistent application across various states and tribes.
Additionally, the proposed funding for improving indoor air quality—$100 million annually for ten years—also lacks explicit accountability and monitoring measures, which could lead to transparency issues in how funds are distributed and used.
Impact on the Public
Positive Impacts:
Broadly, the potential reduction of toxic substances in schools can positively impact public health, particularly the health of children who are more vulnerable to environmental hazards. Improving school environments can enhance student performance and reduce absenteeism caused by health issues. This bill aims to make schools safer, which aligns with the public interest in ensuring healthy learning spaces.
Negative Impacts:
Conversely, the lack of detailed evaluation criteria and oversight mechanisms could lead to inefficient use of taxpayer funds. Bureaucratic inefficiencies might delay the implementation, slowing down much-needed changes in schools, and potentially limiting the positive impact it aims to create.
Impact on Specific Stakeholders
For Schools and Educational Facilities:
If well-implemented, the bill could provide significant benefits by upgrading facilities, training personnel in hazardous substance management, and promoting healthier environments for students and staff. However, schools in areas with higher poverty rates or with limited resources might face challenges in navigating complex grant requirements, potentially limiting their ability to benefit from the funding.
For Contractors and Labor:
The bill's provisions mandating compliance with labor standards and advocating apprenticeship could enhance workforce development and ensure fair wages. Smaller contractors, however, may struggle to meet these regulations, which could impede their participation in funded projects.
For State and Tribal Governments:
State and tribal entities might benefit from increased funding opportunities to address environmental issues in local schools. However, they also face the challenge of coordinating efforts among multiple agencies and stakeholders, which could result in delays or reduced effectiveness if not managed properly.
Overall, while the bill is well-intended and has significant potential to improve learning environments by addressing toxic risks, careful attention to its implementation logistics is crucial to realizing its potential benefits.
Financial Assessment
The proposed bill, S. 5363, includes several financial allocations and provisions aimed at addressing environmental hazards in educational settings. This commentary will examine these financial references, discuss potential issues, and assess their broader implications.
Financial Allocations Overview
S. 5363 outlines significant financial appropriations aimed at remediating toxic substances in schools and improving indoor air quality:
Toxic Substances Remediation: The bill authorizes $5.2 billion annually for each fiscal year from 2025 through 2035 to support grants for toxic substances remediation in schools. This funding is intended for a variety of activities, including inspections, testing, and remediation efforts.
Healthy High-Performance Schools: An additional $10 million per year is authorized for healthy school environments over the same timeframe, aiming to assist in training and remediation efforts.
Indoor Air Quality Improvements: The bill provides for $100 million annually for each fiscal year from 2025 through 2035 to enhance indoor air quality in educational settings. This funding supports the development and implementation of comprehensive air quality management plans.
Issues Related to Financial Allocations
Effectiveness and Oversight: The significant allocation of $5.2 billion annually for toxic substances remediation lacks detailed criteria for evaluating how effectively these funds are used. This raises concerns about potential waste and mismanagement, as highlighted in the issues section. It suggests the need for clear criteria and robust oversight mechanisms to ensure funds are used efficiently and achieve the bill's intended outcomes.
Federal Share Waiver: Section 2 allows for a waiver of the 100% federal share of remediation costs, which could be prone to exploitation if not carefully monitored. This provision requires careful attention to the guidelines and oversight mechanisms to prevent potential misuse of federal funds.
Administrative and Compliance Challenges: The provisions for apprenticeship utilization and wage requirements under the Davis-Bacon Act may impose significant compliance and reporting burdens, particularly on smaller contractors. These requirements could inadvertently create barriers to grant implementation and reduce the effectiveness of fund usage.
Bureaucratic Inefficiencies: The bill's inclusion of multiple complex requirements and the necessity for coordination among federal, state, and tribal agencies might lead to bureaucratic inefficiencies. Delays in funding distribution and project implementation could undermine the bill's financial goals, thus reducing the overall impact of the allocated funds.
Distribution Equity: The broad definition of "environmental concern" in Section 501 could lead to inconsistent application across different states and tribes. This might affect the equitable distribution of resources, potentially resulting in some areas not receiving adequate financial support to address their specific environmental challenges.
Lack of Accountability Measures: The $100 million annually allocated for improving indoor air quality lacks specific accountability measures. Without stringent monitoring or auditing procedures, there is a risk that these funds may not be utilized as effectively as possible, raising concerns about transparency and financial oversight.
Conclusion
While S. 5363 allocates substantial financial resources towards improving environmental conditions in educational facilities, several issues need addressing to ensure efficient and effective use of these funds. Enhanced oversight, clearer criteria for success, and reduced administrative burdens will be essential to maximize the impact of these appropriations.
Issues
SEC. 2: The authorization of $5.2 billion annually over ten years for toxic substances remediation in schools lacks detailed criteria for evaluating the effectiveness or efficiency of the spending, raising concerns about potential waste and oversight issues.
SEC. 2: The 100% Federal share waiver provision could be exploited if not carefully monitored, leading to potential misuse of federal funds, and lacks clear guidelines for oversight mechanisms.
SEC. 2: The provisions for apprenticeship utilization requirements and wage requirements based on the Davis-Bacon Act could create significant compliance and reporting burdens for contractors, especially smaller ones, potentially leading to barriers in grant implementation.
SEC. 2: The 'Use of American Iron, Steel, and Manufactured Products' includes waiver authority which, if not strictly regulated, might open potential for abuse or favoritism in grant implementation.
SEC. 3: The broad definition of 'environmental concern' used in Section 501 of the Toxic Substances Control Act could lead to inconsistent application across different states and tribes, affecting the equitable distribution of resources.
SEC. 2: The inclusion of multiple complex requirements and coordination among federal and state agencies might lead to bureaucratic inefficiencies or delays in funding distribution and project implementation.
SEC. 3: The authorization of appropriations for extending funding through fiscal years 2025 to 2035 raises concerns if the projected need is not adequately substantiated or reassessed periodically based on changing circumstances and needs.
SEC. 4: The authorization of $100,000,000 annually for ten years for improving indoor air quality lacks specific accountability measures for monitoring or auditing the use of grant funds, raising concerns about transparency and financial oversight.
SEC. 2: The reporting requirements for grant recipients could impose significant administrative burdens, diverting focus and resources from the main goals of remediation and potentially reducing program effectiveness.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill states that it can be called the "Get Toxic Substances Out of Schools Act of 2024."
2. Grants for toxic substances remediation in schools Read Opens in new tab
Summary AI
The bill amends the Toxic Substances Control Act to include new grants for States and Indian Tribes to address environmental concerns in schools, such as testing, removing, and preventing toxic substances like lead and asbestos. The grant program aims to enhance school safety and environmental quality, particularly benefiting high-poverty schools and early childhood education settings, while enforcing standards like the use of American materials and fair wages.
Money References
- “(ii) HIGHER PERCENTAGE.—If the amount made available to provide grants under this subsection for a fiscal year is less than $500,000,000, the Administrator may reserve more than 4 percent of that amount to provide administrative support for grants and technical assistance to States and Indian Tribes, as determined necessary by the Administrator.
- “(3) STATE PLANS.—As part of an application to receive a grant under this subsection, a State shall include a description of the means by which the State plans— “(A) to ensure coordinated programmatic and funding efforts across relevant State-level agencies, including State educational agencies and other agencies with expertise in environment, health, and energy; “(B) to use the grant funds for the remediation of any toxic substance in— “(i) eligible facilities; and “(ii) if applicable, educational facilities where juveniles are incarcerated or live as wards of the State; “(C) to ensure the health and safety of students and staff during the renovation or modernization of eligible facilities; and “(D) to give priority to using the grant funds to improve— “(i) eligible facilities of local educational agencies with— “(I) the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)) in each State; or “(II) if applicable, majority Indigenous students; “(ii) eligible facilities of early childhood education programs and eligible child care providers described in paragraph (2)(F)(ii)(II); and “(iii) eligible facilities that are in areas— “(I) adjacent to brownfield sites (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); or “(II) in which there is a demonstrated presence of toxic substances. “(4) PROJECT LABOR AGREEMENTS.—The recipient of assistance from a grant provided to a State under this subsection for a project assisted in whole or in part with the grant with a total cost of not less than $25,000,000 shall consent to a project labor agreement.
- “(14) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,200,000,000 for each of fiscal years 2025 through 2035.”
3. Reauthorization of healthy high-performance schools Read Opens in new tab
Summary AI
The bill updates the Toxic Substances Control Act to allow grants for improving environmental health in schools and child care facilities, helping states and Indian Tribes address environmental issues like pollutants and hazardous substances. It also mandates public outreach, coordinated meetings for stakeholders, and the availability of information about environmental hazards in educational facilities while providing funding through 2035.
Money References
- “(2) OUTREACH.—The Administrator shall— “(A) carry out periodic outreach to States and Indian Tribes to make available information relating to— “(i) the exposure of children and students to environmental hazards in eligible facilities; “(ii) regulations and guidelines applicable to identifying, remediating, and monitoring environmental hazards in eligible facilities; and “(iii) other materials that may assist States and Indian Tribes in addressing environmental concerns, including high-hazard chemical products stored or used by eligible facilities for maintenance or instruction; and “(B) facilitate the biannual convening at the regional or national level of school and early childhood education program stakeholders, including parents, child health experts, educators, researchers, nonprofit organizations, child care providers, States, and Indian Tribes that receive grants under sections 28(d) and 501 to meet with employees of the Environmental Protection Agency, the Department of Education, the Department of Health and Human Services, and other Federal agencies to discuss topics relating to— “(i) the environmental health of children and students at eligible facilities; and “(ii) the prevention, identification, remediation, and monitoring of contaminants in indoor air and other environmental health risks and threats relating to buildings and grounds of eligible facilities.”. (c) Environmental health program.—Section 504 of the Toxic Substances Control Act (15 U.S.C. 2695c) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting “and not less frequently than once every 10 years thereafter,” after “section,”; (B) in paragraph (3)(A)— (i) by redesignating clauses (v) through (vii) as clauses (vii) through (ix), respectively; and (ii) by inserting after clause (iv) the following: “(v) polychlorinated biphenyls; “(vi) perfluoroalkyl and polyfluoroalkyl substances;”; (C) in paragraph (6), by striking “and” at the end; (D) in paragraph (7), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: “(8) provides technical assistance on best practices for the removal, remediation, and disposal of lead, mold, asbestos, polychlorinated biphenyls, and other hazardous substances; and “(9) to the extent practicable, through surveys and opportunities for self-reporting, collects and makes publicly available an online inventory of schools affected by and onsite locations of lead, asbestos, polychlorinated biphenyls, and other hazardous substances”; and (2) by striking subsection (b) and inserting the following: “(b) Public availability of information.—To the maximum extent practicable, based on data submitted to the Administrator under section 28(d)(11) and any additional data reported under section 503(a), the Administrator shall make publicly available— “(1) information relating to the exposure of children and students to environmental hazards in educational facilities; and “(2) an inventory of educational facilities in which hazardous substances have been found, particularly hazardous substances with the highest prevalence and harm, such as lead, asbestos, and polychlorinated biphenyls.”. (d) Authorization of appropriations.—Section 505 of the Toxic Substances Control Act (15 U.S.C. 2695d) is amended by striking “There are authorized” and all that follows through “2013” and inserting “There is authorized to be appropriated to carry out this title $10,000,000 for each of fiscal years 2025 through 2035”. ---
501. Grants for healthy school environments Read Opens in new tab
Summary AI
The section authorizes grants for States and Indian Tribes to address environmental concerns in schools, early childhood education programs, and childcare facilities. It outlines the definition of key terms, specifies the use of grants for training and program development, and ensures that Indian Tribes can still pursue other funding opportunities.
4. Grants for indoor air and environmental health in educational settings Read Opens in new tab
Summary AI
The section of the bill introduces a grant program managed by the Environmental Protection Agency to improve indoor air quality and reduce environmental hazards in educational settings. It provides guidelines on eligibility, use of funds, public engagement, and authorizes $100 million for each year from 2025 to 2035 for this purpose.
Money References
- (h) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2025 through 2035.