[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 983 Reported in Senate (RS)]
<DOC>
Calendar No. 185
116th CONGRESS
1st Session
S. 983
[Report No. 116-82]
To amend the Energy Conservation and Production Act to reauthorize the
weatherization assistance program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 2, 2019
Mr. Coons (for himself, Ms. Collins, Mr. Reed, Mrs. Shaheen, Mr.
Manchin, Ms. Murkowski, Mr. Heinrich, and Mr. Blumenthal) introduced
the following bill; which was read twice and referred to the Committee
on Energy and Natural Resources
September 10, 2019
Reported by Ms. Murkowski, without amendment
_______________________________________________________________________
A BILL
To amend the Energy Conservation and Production Act to reauthorize the
weatherization assistance program, 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 ``Weatherization Enhancement and Local
Energy Efficiency Investment and Accountability Act of 2019''.
SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM.
(a) Definition of Weatherization Materials.--Section 412(9)(J) of
the Energy Conservation and Production Act (42 U.S.C. 6862(9)(J)) is
amended--
(1) by inserting ``, including renewable energy
technologies and other advanced technologies,'' after
``technologies''; and
(2) by striking ``Development,'' and all that follows
through the period at the end and inserting ``Development and
the Secretary of Agriculture.''.
(b) Allowance for Health and Safety Benefits.--Section 413(b) of
the Energy Conservation and Production Act (42 U.S.C. 6863(b)) is
amended--
(1) in paragraph (2)(B), by striking ``paragraph (5)'' and
inserting ``paragraph (6)'';
(2) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(3) by inserting after paragraph (4) the following:
``(5) In carrying out paragraph (3), the Secretary may take
into consideration evidence-based values for improvements in
the health and safety of occupants of weatherized homes, and
other non-energy benefits, as determined by the Secretary.''.
(c) Contractor Optimization.--
(1) Technical transfer grants.--Section 414B(a)(4) of the
Energy Conservation and Production Act (42 U.S.C. 6864b(a)(4))
is amended--
(A) by striking ``for persons'' and inserting the
following: ``for--
``(A) persons''; and
(B) in subparagraph (A) (as so designated), by
striking the period at the end and inserting the
following: ``; and
``(B) private entities that are contracted to
provide weatherization assistance under this part, in
accordance with rules determined by the Secretary.''.
(2) Contractor optimization.--The Energy Conservation and
Production Act is amended by inserting after section 414B (42
U.S.C. 6864b) the following:
``SEC. 414C. CONTRACTOR OPTIMIZATION.
``The Secretary may request that entities receiving funding from
the Federal Government or from a State through a weatherization
assistance program under section 413 or 414--
``(1) perform periodic reviews of the use of private
contractors in the provision of weatherization assistance, if
applicable; and
``(2) encourage an increased use and expanded role of
contractors as appropriate.''.
(3) Table of contents amendment.--The table of contents for
the Energy Conservation and Production Act (Public Law 94-385;
90 Stat. 1125) is amended by inserting after the item relating
to section 414B the following:
``Sec. 414C. Contractor optimization.''.
(d) Financial Assistance for WAP Enhancement and Innovation.--
(1) In general.--The Energy Conservation and Production Act
(Public Law 94-385; 90 Stat. 1125) is amended by inserting
after section 414C (as added by subsection (c)) the following:
``SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCEMENT AND INNOVATION.
``(a) Purposes.--The purposes of this section are--
``(1) to expand the number of dwelling units that are
occupied by low-income persons that receive weatherization
assistance under this section by making those dwelling units
weatherization-ready;
``(2) to promote the deployment of renewable energy in
dwelling units that are occupied by low-income persons;
``(3) to ensure healthy indoor environments by enhancing or
expanding health and safety measures and resources available to
dwellings that are occupied by low-income persons; and
``(4) to disseminate new methods and best practices among
eligible entities providing weatherization assistance under
this section.
``(b) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) an entity receiving funding from the Federal
Government or from a State through a weatherization assistance
program under section 413 or 414; and
``(2) a nonprofit organization.
``(c) Financial Assistance Awards.--The Secretary shall, to the
extent funds are made available, award financial assistance through a
competitive process to an eligible entity--
``(1) with respect to dwelling units that are occupied by
low-income persons--
``(A) to implement measures to make those dwelling
units weatherization-ready, including by addressing
structural, plumbing, roofing, and electrical issues,
environmental hazards, and other issues that the
Secretary determines to be appropriate;
``(B) to install energy efficiency technologies,
including home energy management systems, smart
devices, and other technologies the Secretary
determines to be appropriate;
``(C) to install renewable energy systems (as
defined in section 415(c)(6)(A)); and
``(D) to implement measures to ensure healthy
indoor environments by improving indoor air quality,
accessibility, and other healthy home measures, as
determined by the Secretary;
``(2) to improve the capability of the eligible entity--
``(A) to significantly increase the number of
energy retrofits performed by the eligible entity;
``(B) to replicate best practices for work
performed under this section on a larger scale; and
``(C) to leverage additional funds to sustain the
provision of weatherization assistance and other work
performed under this section after the financial
assistance awarded under this section is expended;
``(3) for innovative outreach and education regarding the
benefits and availability of weatherization assistance and
other assistance available under this section;
``(4) for quality control of work performed under this
section;
``(5) for data collection, measurement, and verification
with respect to that work;
``(6) for program monitoring, oversight, evaluation, and
reporting of that work;
``(7) for labor, training, and technical assistance
relating to that work;
``(8) subject to subsection (g)(2), for planning,
management, and administration of that work; and
``(9) for any other appropriate activity, as determined by
the Secretary.
``(d) Applications.--To be eligible for an award of financial
assistance under this section, an eligible entity shall submit to the
Secretary an application in such manner and containing such information
as the Secretary may require.
``(e) Award Factors.--In awarding financial assistance under this
section, the Secretary shall consider--
``(1) the record of the eligible entity, using the most
recent year for which data are available, in constructing,
renovating, repairing, and making energy efficient single-
family, multifamily, or manufactured homes that are occupied by
low-income persons, either directly or through affiliates,
chapters, or other partners;
``(2) the number of dwelling units occupied by low-income
persons that the eligible entity has built, renovated,
repaired, weatherized, and made more energy efficient in the 5
years immediately preceding the date on which the eligible
entity submits an application under subsection (d);
``(3) the qualifications, experience, and past performance
of the eligible entity, including experience successfully
managing and administering Federal funds;
``(4) the strength of the proposal of the eligible entity
to achieve one or more of the purposes described in subsection
(a);
``(5) the extent to which the eligible entity will use
partnerships and regional coordination to achieve one or more
of the purposes described in subsection (a);
``(6) regional and climate zone diversity;
``(7) urban, suburban, and rural localities; and
``(8) any other appropriate factor, as determined by the
Secretary.
``(f) First Award.--Subject to the availability of appropriations,
not later than 270 days after the date of enactment of this section,
the Secretary shall make a first award of financial assistance under
this section.
``(g) Amount and Term.--
``(1) Maximum amount.--The total amount of financial
assistance awarded to an eligible entity under this section
shall not exceed $2,000,000.
``(2) Planning, management, and administration.--Of the
amount awarded to an eligible entity under this section, not
more than 15 percent may be used by the eligible entity for the
purpose described in subsection (c)(8).
``(3) Technical and training assistance.--The total amount
of financial assistance awarded to an entity under this section
shall be reduced by the cost of any technical and training
assistance provided by the Secretary under this section that
relates to that financial assistance.
``(4) Term.--The term of an award of financial assistance
under this section shall not exceed 3 years.
``(h) Guidance.--Not later than 90 days after the date of enactment
of this section, the Secretary shall issue guidance on implementing
this section, which shall include, with respect to eligible entities
awarded financial assistance under this section--
``(1) standards for allowable expenditures;
``(2) a minimum saving-to-investment ratio; and
``(3) standards for--
``(A) training programs;
``(B) energy audits;
``(C) the provision of technical assistance;
``(D) monitoring activities carried out using the
financial assistance;
``(E) verification of energy and cost savings;
``(F) liability insurance requirements; and
``(G) recordkeeping and reporting requirements,
which shall include reporting to the Office of
Weatherization and Intergovernmental Programs of the
Department of Energy applicable data on each dwelling
unit retrofitted or otherwise assisted by the eligible
entity using the financial assistance.
``(i) Compliance With State and Local Law.--Nothing in this section
supersedes or modifies any State or local law to the extent that the
State or local law is more stringent than this section.
``(j) Review and Evaluation.--The Secretary shall review and
evaluate the performance of each eligible entity that receives an award
of financial assistance under this section, which may include an audit.
``(k) Annual Report.--The Secretary shall submit to the relevant
committees of Congress an annual report that describes--
``(1) the actions taken by the Secretary and eligible
entities awarded financial assistance under this section to
achieve the purposes of this section during the year covered by
the report; and
``(2) the energy and cost savings, and any other
accomplishments, achieved under this section during the year
covered by the report.
``(l) Funding.--
``(1) In general.--Subject to paragraphs (2) and (3), for
each of fiscal years 2020 through 2024, of the amount
appropriated under section 422--
``(A) if the amount is not more than $225,000,000,
no funds shall be used to carry out this section;
``(B) if the amount is not more than $260,000,000,
not more than 2 percent of that amount may be used to
carry out this section;
``(C) if the amount is not more than $300,000,000,
not more than 4 percent of that amount may be used to
carry out this section; and
``(D) if the amount is more than $300,000,000, not
more than 6 percent of that amount may be used to carry
out this section.
``(2) Amounts excluded.--Each amount described in paragraph
(1) shall not include the amount made available for Department
of Energy headquarters training or technical assistance.
``(3) Maximum amount.--The maximum amount used to carry out
this section in each fiscal year shall not exceed
$25,000,000.''.
(2) Table of contents.--The table of contents for the
Energy Conservation and Production Act (Public Law 94-385; 90
Stat. 1125) is amended by inserting after the item relating to
section 414C (as added by subsection (c)(3)) the following:
``Sec. 414D. Financial assistance for WAP enhancement and
innovation.''.
(e) Increase in Administrative Funds.--Section 415(a)(1) of the
Energy Conservation and Production Act (42 U.S.C. 6865(a)(1)) is
amended by striking ``10 percent'' and inserting ``15 percent''.
(f) Reweatherization Date.--Section 415(c) of the Energy
Conservation and Production Act (42 U.S.C. 6865(c)) is amended by
striking paragraph (2) and inserting the following:
``(2) Further assistance.--
``(A) Definition of interim service.--
``(i) In general.--In this paragraph, the
term `interim service' means an energy service
that takes place between instances of
weatherization or partial weatherization of a
dwelling unit, as determined by the Secretary.
``(ii) Inclusion.--In this paragraph, the
term `interim service' includes--
``(I) the provision of energy
information and education to assist
with energy management;
``(II) an evaluation of the
effectiveness of installed
weatherization measures; and
``(III) the provision of services,
equipment, or other measures funded by
non-Federal funds, as determined by the
Secretary.
``(B) Further assistance.--Dwelling units
weatherized or partially weatherized under this part,
or under other Federal programs--
``(i) may not receive further financial
assistance for weatherization under this part
until the date that is 15 years after the date
on which the previous weatherization was
completed; and
``(ii) may receive further financial
assistance for weatherization under this part
for the purpose of providing an interim
service.''.
(g) Reauthorization of WAP.--Section 422 of the Energy Conservation
and Production Act (42 U.S.C. 6872) is amended in the matter preceding
paragraph (1) by striking ``appropriated'' and all that follows through
``2012..'' in paragraph (5) and inserting ``appropriated $350,000,000
for each of fiscal years 2020 through 2024.''.
SEC. 3. WAIVER STUDY.
(a) In General.--It is the sense of Congress that, to the maximum
extent practicable, the Secretary of Energy should coordinate with the
Director of the Office of Management and Budget to grant waivers of
requirements under section 200.313 of title 2, Code of Federal
Regulations (or successor regulations), to better leverage private
sector funds for the purposes of using funding awarded under 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.).
(b) Study.--Not more than 180 days after the date of enactment of
this Act, the Secretary of Energy shall submit to the relevant
committees of Congress a report that describes--
(1) each waiver that has been requested under subsection
(a); and
(2) the determination of the Secretary and the Director of
the Office of Management and Budget regarding each waiver
requested under subsection (a).
Calendar No. 185
116th CONGRESS
1st Session
S. 983
[Report No. 116-82]
_______________________________________________________________________
A BILL
To amend the Energy Conservation and Production Act to reauthorize the
weatherization assistance program, and for other purposes.
_______________________________________________________________________
September 10, 2019
Reported without amendment