[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 703 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 703
To reauthorize the weatherization and State energy programs, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 11, 2015
Mr. Coons (for himself, Ms. Collins, Mr. Reed, and Mrs. Shaheen)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To reauthorize the weatherization and State energy programs, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Weatherization
Enhancement and Local Energy Efficiency Investment and Accountability
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--WEATHERIZATION ASSISTANCE PROGRAM
Sec. 101. Reauthorization of Weatherization Assistance Program.
Sec. 102. Grants for new, self-sustaining low-income, single-family and
multifamily housing energy retrofit model
programs to eligible multistate housing and
energy nonprofit organizations.
Sec. 103. Standards program.
TITLE II--STATE ENERGY PROGRAM
Sec. 201. Reauthorization of State energy program.
SEC. 2. FINDINGS.
Congress finds that--
(1) the State energy program established under part D of
title III of the Energy Policy and Conservation Act (42 U.S.C.
6321 et seq.) (referred to in this section as ``SEP'') and the
Weatherization Assistance Program for Low-Income Persons
established under part A of title IV of the Energy Conservation
and Production Act (42 U.S.C. 6861 et seq.) (referred to in
this section as ``WAP'') have proven to be beneficial, long-
term partnerships among Federal, State, and local partners;
(2) the SEP and the WAP have been reauthorized on a
bipartisan basis over many years to address changing national,
regional, and State circumstances and needs, especially
through--
(A) the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.);
(B) the Energy Conservation and Production Act (42
U.S.C. 6801 et seq.);
(C) the State Energy Efficiency Programs
Improvement Act of 1990 (Public Law 101-440; 104 Stat.
1006);
(D) the Energy Policy Act of 1992 (42 U.S.C. 13201
et seq.);
(E) the Energy Policy Act of 2005 (42 U.S.C. 15801
et seq.); and
(F) the Energy Independence and Security Act of
2007 (42 U.S.C. 17001 et seq.);
(3) the SEP, also known as the ``State energy conservation
program''--
(A) was first created in 1975 to implement a State-
based, national program in support of energy
efficiency, renewable energy, economic development,
energy emergency preparedness, and energy policy; and
(B) has come to operate in every sector of the
economy in support of the private sector to improve
productivity and has dramatically reduced the cost of
government through energy savings at the State and
local levels;
(4) Federal laboratory studies have concluded that, for
every Federal dollar invested through the SEP, more than $7 is
saved in energy costs and almost $11 in non-Federal funds is
leveraged;
(5) the WAP--
(A) was first created in 1976 to assist low-income
families in response to the first oil embargo;
(B) has become the largest residential energy
conservation program in the United States, with more
than 7,100,000 homes weatherized since the WAP was
created;
(C) saves an estimated 35 percent of consumption in
the typical weatherized home, yielding average annual
savings of $437 per year in home energy costs;
(D) has created thousands of jobs in both the
construction sector and in the supply chain of
materials suppliers, vendors, and manufacturers who
supply the WAP;
(E) returns $2.51 in energy savings for every
Federal dollar spent in energy and nonenergy benefits
over the life of weatherized homes;
(F) serves as a foundation for residential energy
efficiency retrofit standards, technical skills, and
workforce training for the emerging broader market and
reduces residential and power plant emissions of carbon
dioxide by 2.65 metric tons each year per home; and
(G) has decreased national energy consumption by
the equivalent of 24,100,000 barrels of oil annually;
(6) the WAP can be enhanced with the addition of a targeted
portion of the Federal funds through an innovative program that
supports projects performed by qualified nonprofit
organizations that have a demonstrated capacity to build,
renovate, repair, or improve the energy efficiency of a
significant number of low-income homes, building on the success
of the existing program without replacing the existing WAP
network or creating a separate delivery mechanism for basic WAP
services;
(7) the WAP has increased energy efficiency opportunities
by promoting new, competitive public-private sector models of
retrofitting low-income homes through new Federal partnerships;
(8) improved monitoring and reporting of the work product
of the WAP has yielded benefits, and expanding independent
verification of efficiency work will support the long-term
goals of the WAP;
(9) reports of the Government Accountability Office in
2011, the Inspector General of the Department of Energy, and
State auditors have identified State-level deficiencies in
monitoring efforts that can be addressed in a manner that will
ensure that WAP funds are used more effectively;
(10) through the history of the WAP, the WAP has evolved
with improvements in efficiency technology, including, in the
1990s, many States adopting advanced home energy audits, which
has led to great returns on investment; and
(11) as the home energy efficiency industry has become more
performance-based, the WAP should continue to use those
advances in technology and the professional workforce.
TITLE I--WEATHERIZATION ASSISTANCE PROGRAM
SEC. 101. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM.
Section 422 of the Energy Conservation and Production Act (42
U.S.C. 6872) is amended by striking ``appropriated--'' and all that
follows through the period at the end and inserting ``appropriated
$450,000,000 for each of fiscal years 2016 through 2020.''.
SEC. 102. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, SINGLE-FAMILY AND
MULTIFAMILY HOUSING ENERGY RETROFIT MODEL PROGRAMS TO
ELIGIBLE MULTISTATE HOUSING AND ENERGY NONPROFIT
ORGANIZATIONS.
The Energy Conservation and Production Act is amended by inserting
after section 414B (42 U.S.C. 6864b) the following:
``SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, SINGLE-FAMILY
AND MULTIFAMILY HOUSING ENERGY RETROFIT MODEL PROGRAMS TO
ELIGIBLE MULTISTATE HOUSING AND ENERGY NONPROFIT
ORGANIZATIONS.
``(a) Purposes.--The purposes of this section are--
``(1) to expand the number of low-income, single-family and
multifamily homes that receive energy efficiency retrofits;
``(2) to promote innovation and new models of retrofitting
low-income homes through new Federal partnerships with covered
organizations that leverage substantial donations, donated
materials, volunteer labor, homeowner labor equity, and other
private sector resources;
``(3) to assist the covered organizations in demonstrating,
evaluating, improving, and replicating widely the model low-
income energy retrofit programs of the covered organizations;
and
``(4) to ensure that the covered organizations make the
energy retrofit programs of the covered organizations self-
sustaining by the time grant funds have been expended.
``(b) Definitions.--In this section:
``(1) Covered organization.--The term `covered
organization' means an organization that--
``(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation
under 501(a) of that Code; and
``(B) has an established record of constructing,
renovating, repairing, or making energy efficient a
total of not less than 250 owner-occupied, single-
family or multifamily homes per year for low-income
households, either directly or through affiliates,
chapters, or other direct partners (using the most
recent year for which data are available).
``(2) Low-income.--The term `low-income' means an income
level that is not more than 200 percent of the poverty level
(as determined in accordance with criteria established by the
Director of the Office of Management and Budget) applicable to
a family of the size involved, except that the Secretary may
establish a higher or lower level if the Secretary determines
that a higher or lower level is necessary to carry out this
section.
``(3) Weatherization assistance program for low-income
persons.--The term `Weatherization Assistance Program for Low-
Income Persons' means the program established under this part
(including part 440 of title 10, Code of Federal Regulations,
or successor regulations).
``(c) Competitive Grant Program.--The Secretary shall make grants
to covered organizations through a national competitive process for use
in accordance with this section.
``(d) Award Factors.--In making grants under this section, the
Secretary shall consider--
``(1) the number of low-income homes the applicant--
``(A) has built, renovated, repaired, or made more
energy efficient as of the date of the application; and
``(B) can reasonably be projected to build,
renovate, repair, or make energy efficient during the
10-year period beginning on the date of the
application;
``(2) the qualifications, experience, and past performance
of the applicant, including experience successfully managing
and administering Federal funds;
``(3) the number and diversity of States and climates in
which the applicant works as of the date of the application;
``(4) the amount of non-Federal funds, donated or
discounted materials, discounted or volunteer skilled labor,
volunteer unskilled labor, homeowner labor equity, and other
resources the applicant will provide;
``(5) the extent to which the applicant could successfully
replicate the energy retrofit program of the applicant and
sustain the program after the grant funds have been expended;
``(6) regional diversity;
``(7) urban, suburban, and rural localities; and
``(8) such other factors as the Secretary determines to be
appropriate.
``(e) Applications.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall request
proposals from covered organizations.
``(2) Administration.--To be eligible to receive a grant
under this section, an applicant shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(3) Awards.--Not later than 90 days after the date of
issuance of a request for proposals, the Secretary shall award
grants under this section.
``(f) Eligible Uses of Grant Funds.--A grant under this section may
be used for--
``(1) energy efficiency audits, cost-effective retrofit,
and related activities in different climatic regions of the
United States;
``(2) energy efficiency materials and supplies;
``(3) organizational capacity--
``(A) to significantly increase the number of
energy retrofits;
``(B) to replicate an energy retrofit program in
other States; and
``(C) to ensure that the program is self-sustaining
after the Federal grant funds are expended;
``(4) energy efficiency, audit and retrofit training, and
ongoing technical assistance;
``(5) information to homeowners on proper maintenance and
energy savings behaviors;
``(6) quality control and improvement;
``(7) data collection, measurement, and verification;
``(8) program monitoring, oversight, evaluation, and
reporting;
``(9) management and administration (up to a maximum of 10
percent of the total grant);
``(10) labor and training activities; and
``(11) such other activities as the Secretary determines to
be appropriate.
``(g) Maximum Amount.--
``(1) In general.--The amount of a grant provided under
this section shall not exceed--
``(A) if the amount made available to carry out
this section for a fiscal year is $225,000,000 or more,
$5,000,000; and
``(B) if the amount made available to carry out
this section for a fiscal year is less than
$225,000,000, $1,500,000.
``(2) Technical and training assistance.--The total amount
of a grant provided under this section shall be reduced by the
cost of any technical and training assistance provided by the
Secretary that relates to the grant.
``(h) Guidelines.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall issue guidelines
to implement the grant program established under this section.
``(2) Administration.--The guidelines--
``(A) shall not apply to the Weatherization
Assistance Program for Low-Income Persons, in whole or
major part; but
``(B) may rely on applicable provisions of law
governing the Weatherization Assistance Program for
Low-Income Persons to establish--
``(i) standards for allowable expenditures;
``(ii) a minimum savings-to-investment
ratio;
``(iii) standards--
``(I) to carry out training
programs;
``(II) to conduct energy audits and
program activities;
``(III) to provide technical
assistance;
``(IV) to monitor program
activities; and
``(V) to verify energy and cost
savings;
``(iv) liability insurance requirements;
and
``(v) recordkeeping requirements, which
shall include reporting to the Office of
Weatherization and Intergovernmental Programs
of the Department of Energy applicable data on
each home retrofitted.
``(i) Review and Evaluation.--The Secretary shall review and
evaluate the performance of any covered organization that receives a
grant under this section (which may include an audit), as determined by
the Secretary.
``(j) Compliance With State and Local Law.--Nothing in this section
or any program carried out using a grant provided under this section
supersedes or otherwise affects any State or local law, to the extent
that the State or local law contains a requirement that is more
stringent than the applicable requirement of this section.
``(k) Annual Reports.--The Secretary shall submit to Congress
annual reports that provide--
``(1) findings;
``(2) a description of energy and cost savings achieved and
actions taken under this section; and
``(3) any recommendations for further action.
``(l) Funding.--Of the amount of funds that are made available to
carry out the Weatherization Assistance Program for each of fiscal
years 2016 through 2020 under section 422, the Secretary shall use to
carry out this section for each of fiscal years 2016 through 2020--
``(1) 2 percent of the amount if the amount is less than
$225,000,000;
``(2) 5 percent of the amount if the amount is $225,000,000
or more but less than $260,000,000;
``(3) 10 percent of the amount if the amount is
$260,000,000 or more but less than $400,000,000; and
``(4) 20 percent of the amount if the amount is
$400,000,000 or more.''.
SEC. 103. STANDARDS PROGRAM.
Section 415 of the Energy Conservation and Production Act (42
U.S.C. 6865) is amended by adding at the end the following:
``(f) Standards Program.--
``(1) Contractor qualification.--Effective beginning
January 1, 2016, to be eligible to carry out weatherization
using funds made available under this part, a contractor shall
be selected through a competitive bidding process and be--
``(A) accredited by the Building Performance
Institute;
``(B) an Energy Smart Home Performance Team
accredited under the Residential Energy Services
Network; or
``(C) accredited by an equivalent accreditation or
program accreditation-based State certification program
approved by the Secretary.
``(2) Grants for energy retrofit model programs.--
``(A) In general.--To be eligible to receive a
grant under section 414C, a covered organization (as
defined in section 414C(b)) shall use a crew chief
who--
``(i) is certified or accredited in
accordance with paragraph (1); and
``(ii) supervises the work performed with
grant funds.
``(B) Volunteer labor.--A volunteer who performs
work for a covered organization that receives a grant
under section 414C shall not be required to be
certified under this subsection if the volunteer is not
directly installing or repairing mechanical equipment
or other items that require skilled labor.
``(C) Training.--The Secretary shall use training
and technical assistance funds available to the
Secretary to assist covered organizations under section
414C in providing training to obtain certification
required under this subsection, including provisional
or temporary certification.
``(3) Minimum efficiency standards.--Effective beginning
October 1, 2016, the Secretary shall ensure that--
``(A) each retrofit for which weatherization
assistance is provided under this part meets minimum
efficiency and quality of work standards established by
the Secretary after weatherization of a dwelling unit;
``(B) at least 10 percent of the dwelling units are
randomly inspected by a third party accredited under
this subsection to ensure compliance with the minimum
efficiency and quality of work standards established
under subparagraph (A); and
``(C) the standards established under this
subsection meet or exceed the industry standards for
home performance work that are in effect on the date of
enactment of this subsection, as determined by the
Secretary.''.
TITLE II--STATE ENERGY PROGRAM
SEC. 201. REAUTHORIZATION OF STATE ENERGY PROGRAM.
Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C.
6325(f)) is amended by striking ``$125,000,000 for each of fiscal years
2007 through 2012'' and inserting ``$75,000,000 for each of fiscal
years 2016 through 2020''.
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