[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5391 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5391
To establish a voluntary program that strengthens the economy, public
health, and environment of the United States by reducing emissions from
wood heaters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 11, 2019
Mr. Welch (for himself and Mrs. Rodgers of Washington) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To establish a voluntary program that strengthens the economy, public
health, and environment of the United States by reducing emissions from
wood heaters, 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 ``Wood Heaters Emissions Reduction Act
of 2019'' or the ``WHERA Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Affected wood heater model.--The term ``affected wood
heater model'' means a model of wood heater described in--
(A) section 60.530(a) of title 40, Code of Federal
Regulations (or a successor regulation); and
(B) subsections (a) and (b) of section 60.5472 of
that title.
(3) Certified clean heater.--The term ``certified clean
heater'' means a heater that--
(A) has been certified or verified by--
(i) the Administrator; or
(ii) the California Air Resources Board;
(B) meets or has emissions below the most stringent
Step 2 emission reductions standards described in the
Final Rule;
(C) with respect to an affected wood heater model,
has a thermal efficiency rating of not less than 65
percent, as certified by the Administrator under the
Final Rule; and
(D) is installed by a licensed or certified
professional or verified by the State in which the
heater is being installed.
(4) Final rule.--The term ``Final Rule'' means the final
rule entitled ``Standards of Performance for New Residential
Wood Heaters, New Residential Hydronic Heaters and Forced-Air
Furnaces'' (80 Fed. Reg. 13672 (March 16, 2015)).
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) Regional agency.--The term ``regional agency'' means a
regional or local government agency--
(A) with jurisdiction over air quality; or
(B) that has received approval from the air quality
program of the State of the agency to carry out a wood
heater emissions reduction and replacement program.
(7) Replacement of an old wood heater.--The term
``replacement of an old wood heater'' means the replacement of
an existing wood heater that--
(A) does not meet the reductions standards
described in paragraph (3)(B);
(B) is removed from a home or building in which the
wood heater was the primary or secondary source of
heat; and
(C) is surrendered to a supplier, retailer, or
other entity, as defined by the Administrator, who
shall render the existing wood heater inoperable and
ensure the existing wood heater is disposed through--
(i) recycling; or
(ii) scrappage.
(8) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) the United States Virgin Islands;
(F) American Samoa; and
(G) the Commonwealth of the Northern Mariana
Islands.
(9) Wood heater.--The term ``wood heater'' means an
enclosed, wood-burning appliance capable of and intended for
residential space heating or space heating and domestic water
heating that is an affected wood heater model, including--
(A) a residential wood heater;
(B) a hydronic heater; and
(C) a forced-air furnace.
SEC. 3. ESTABLISHMENT OF GRANT PROGRAM FOR WOOD HEATER EMISSIONS
REDUCTIONS.
(a) In General.--Subject to the availability of appropriations, the
Administrator shall establish a grant program that provides funding for
grant, rebate, and other programs administered by States, regional
agencies, and Indian tribes that are designed--
(1) to provide financial incentives to homeowners for the
replacement of old wood heaters that greatly contribute to
particulate pollution with more efficient, cleaner-burning
heaters that are--
(A) properly installed; and
(B) certified clean heaters;
(2) to achieve significant reductions in emissions from
wood heaters in terms of pollution produced by wood heaters and
wood heater emissions exposure;
(3) to help homeowners transition to safer and more
efficient sources of heat; and
(4) to support retailers, installers, and manufacturers
that sell and make certified clean heaters that are more
efficient and cleaner-burning.
(b) Applications.--The Administrator shall--
(1) provide to States, regional agencies, and Indian tribes
guidance for use in applying for funding under this section,
including information regarding--
(A) the process and forms for applications;
(B) permissible uses of funds received under this
section; and
(C) the cost-effectiveness of various emission
reduction technologies eligible for funds provided
under this section;
(2) establish, for applications described in paragraph
(1)--
(A) an annual deadline for submission of the
applications;
(B) a process by which the Administrator shall
approve or disapprove each application;
(C) a simplified application submission process to
expedite the provision of funds; and
(D) a streamlined process by which a State,
regional agency, or Indian tribe may renew an
application described in paragraph (1) for subsequent
fiscal years;
(3) require States or regional agencies applying for
funding under this section to provide detailed information on
how the State or regional agency intends to carry out and
verify projects under the wood heater emissions reduction
program of the State or regional agency, including--
(A) a description of the air quality in the State
or the area in which the regional agency has
jurisdiction;
(B) the means by which the project will achieve a
significant reduction in wood heater emissions and air
pollution, including the estimated quantity of--
(i) residences that depend on non-certified
clean heaters as a primary or secondary source
of heat; and
(ii) air pollution produced by wood heaters
in the State or the area in which the regional
agency has jurisdiction;
(C) an estimate of the cost and economic benefits
of the proposed project;
(D) the means by which the funds will be
distributed, including a description of the intended
recipients of the funds;
(E) a description of any efforts to target low-
income individuals that own older wood heaters;
(F) provisions for the monitoring and verification
of the project; and
(G) a description of how the program will carry out
the replacement of old wood heaters, including--
(i) how the older units will be removed and
placed out of service; and
(ii) how new heaters purchased with funding
provided under this section will be installed;
and
(4) require Indian tribes applying for funding under this
section to provide detailed information on how the Indian tribe
intends to carry out and verify projects under the wood heater
emissions reduction program of the Indian tribe, including--
(A) the means by which the project will achieve a
significant reduction in wood heater emissions;
(B) an estimate of the cost and economic benefits
of the proposed project;
(C) the means by which the funds will be
distributed, including a description of the intended
recipients of the funds;
(D) a description of any efforts to target low-
income individuals that own older wood heaters;
(E) provisions for the monitoring and verification
of the project; and
(F) a description of how the program will carry out
the replacement of old wood heaters, including--
(i) how the older units will be removed and
placed out of service; and
(ii) how new heaters purchased with funding
provided under this section will be installed.
(c) Allocation of Funds.--
(1) In general.--For each fiscal year, the Administrator
shall allocate funds made available to carry out this section--
(A) among States, regional agencies, and Indian
tribes that submitted an application under this section
that was approved by the Administrator;
(B) of which not less than 4 percent shall be
allocated to Indian tribes to perform functions that
include--
(i) addressing subsequent maintenance costs
resulting from the installation of wood heaters
under this section; and
(ii) training qualified installers and
technicians; and
(C) among different geographic areas and varying
population densities.
(2) Allocation priority.--The Administrator shall provide
to each State, regional agency, and Indian tribe described in
paragraph (1) for a fiscal year an allocation of funds, with
priority given to States, regional agencies, and Indian tribes
that will use the funds to support projects that--
(A) maximize public health benefits, including
indoor and outdoor air quality;
(B) are the most cost-effective;
(C) target the replacement of wood heaters that
emit the most pollution;
(D) include certified clean heaters and other
heaters that achieve emission reductions and efficiency
improvements that are more stringent than the Step 2
emission reductions standards, as described in the
Final Rule;
(E) target low-income households;
(F) encourage the recycling of old wood heaters
when replacing those heaters; and
(G) serve areas that--
(i) receive a disproportionate quantity of
air pollution from wood heaters;
(ii) have a high percentage of residents
that use wood as their primary source of heat;
or
(iii) are poor air quality areas, including
areas identified by the Administrator as--
(I) in nonattainment or maintenance
of national ambient air quality
standards for particulate matter under
section 109 of the Clean Air Act (42
U.S.C. 7409); or
(II) class I areas under section
162(a) of that Act (42 U.S.C. 7472(a)).
(3) Unobligated funds.--Any funds that are not obligated by
a State, regional agency, or Indian tribe by a date determined
by the Administrator in a fiscal year shall be reallocated
pursuant to the priorities described in paragraph (2).
(4) State, regional agency, and tribal matching
incentive.--
(A) In general.--Subject to subparagraph (B), if a
State, regional agency, or Indian tribe agrees to match
the allocation provided to the State, regional agency,
or Indian tribe under paragraph (1) for a fiscal year,
the Administrator shall provide to the State, regional
agency, or Indian tribe for the fiscal year a matching
incentive consisting of an additional amount equal to
30 percent of the allocation of the State, regional
agency, or Indian tribe under paragraph (1).
(B) Requirement.--To receive a matching incentive
under subparagraph (A), a State, regional agency, or
Indian tribe--
(i) may not use funds received under this
section to pay a matching share required under
this subsection; and
(ii) shall not be required to provide a
matching share for any additional amount
received under that subparagraph.
(d) Administration.--
(1) In general.--Subject to paragraphs (2) and (3), States,
regional agencies, and Indian tribes shall use any funds
provided under this section--
(A) to develop and implement such programs in the
State or in areas under the jurisdiction of the
regional agency or Indian tribe as are appropriate to
meet the needs and goals of the State, regional agency,
or Indian tribe; and
(B) to the maximum extent practicable, to use the
programs described in subparagraph (A) to give high
priority to projects that serve areas described in
subsection (c)(2)(G).
(2) Apportionment of funds.--The chief executive officer of
a State, regional agency, or Indian tribe that receives funding
under this section may determine the portion of funds to be
provided as grants and the portion to be provided as rebates.
(3) Use of funds.--A State, regional agency, or Indian
tribe shall use funds provided under this section for--
(A) projects to complete the replacement of old
wood heaters, including the installation of heaters and
training of certified installers of heaters that--
(i) are at least as efficient and clean-
burning as certified clean heaters; and
(ii) meet the purposes described in
subsection (a); and
(B) with respect to Indian tribes, the purposes
described in subsection (c)(1)(B).
(4) Supplement, not supplant.--Funds made available under
this section shall be used to supplement, not supplant, funds
made available for existing State clean air programs.
(5) Public notification.--Not later than 60 days after the
date on which the Administrator makes funding available under
this section each fiscal year, the Administrator shall publish
on the website of the Environmental Protection Agency--
(A) the total number of grants awarded and the
amounts provided to States, regional agencies, and
Indian tribes;
(B) a general description of each application of a
State, regional agency, or Indian tribe that received
funding; and
(C) the estimated number of wood heaters that will
be replaced using funds made available under this
section.
(6) Report.--Not later than 2 years after the date on which
funds are first made available under this section, and
biennially thereafter, the Administrator shall submit to
Congress a report evaluating the implementation of the program
under this section.
SEC. 4. OUTREACH AND INCENTIVES.
The Administrator shall establish a program under which the
Administrator shall--
(1) inform stakeholders of the benefits of replacing wood
heaters that do not meet the Step 2 emission reductions
standards described in the Final Rule;
(2) develop nonfinancial incentives to promote the proper
installation and use of certified clean heaters; and
(3) consult with Indian tribes to carry out the purposes of
this Act.
SEC. 5. SUPPLEMENTAL ENVIRONMENTAL PROJECTS.
(a) EPA Authority To Accept Wood Heater Emissions Reduction
Supplemental Environmental Projects.--Section 1 of Public Law 110-255
(42 U.S.C. 16138) is amended--
(1) in the heading, by inserting ``and wood heater'' after
``diesel''; and
(2) in the matter preceding paragraph (1), by inserting
``and wood heater'' after ``diesel''.
(b) Settlement Agreement Provisions.--Section 2 of Public Law 110-
255 (42 U.S.C. 16139) is amended in the first sentence--
(1) by inserting ``or wood heater'' after ``diesel'' each
place it appears;
(2) by inserting ``, as applicable,'' before ``if the
Administrator''; and
(3) by inserting ``, as applicable'' before the period at
the end.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $75,000,000 for each of fiscal years 2019 through 2025, to
remain available until expended.
(b) Management and Oversight.--The Administrator may use not more
than 1 percent of the amounts made available under subsection (a) for
each fiscal year for management and oversight of the programs under
this Act.
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