[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4979 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4979
To provide emergency loans to maintain access to essential services
during the COVID-19 pandemic, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 6, 2021
Ms. Tlaib (for herself, Mr. Grijalva, Mr. Bowman, Mr. Garcia of
Illinois, and Mr. Khanna) introduced the following bill; which was
referred to the Committee on Financial Services, and in addition to the
Committee on Ways and Means, 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 provide emergency loans to maintain access to essential services
during the COVID-19 pandemic, 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 ``Maintaining Access to Essential
Services Act of 2021''.
SEC. 2. EMERGENCY LOANS TO PUBLICLY OWNED AND NONPROFIT WATER AND
WASTEWATER UTILITIES.
(a) Definitions.--In this section:
(1) Emergency period.--The term ``emergency period'' means
the period that--
(A) begins on March 13, 2020; and
(B) ends on the date that is 2 years after the date
on which the national emergency terminates under
section 202 of the National Emergencies Act (50 U.S.C.
1622).
(2) Loan program.--The term ``loan program'' means the loan
program established by the Secretary under subsection (b).
(3) Loan repayment date.--The term ``loan repayment date''
means the date that is 2 years after the date described in
paragraph (1)(B).
(4) National emergency.--The term ``national emergency''
means the national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.) with
respect to the Coronavirus Disease 2019 (COVID-19).
(5) Payment shortfall.--
(A) In general.--The term ``payment shortfall'',
with respect to a qualified utility, means a good faith
estimate of the total amount of rates and charges for
water service provided during the emergency period that
the qualified utility has not collected from
residential water consumers of the qualified utility,
as certified by the qualified utility to the Secretary
under subsection (g)(1).
(B) Exclusion.--The term ``payment shortfall'' does
not include any portion of the uncollected amounts
described in subparagraph (A) that the qualified
utility has sold to a third party.
(6) Qualified utility.--The term ``qualified utility''
means--
(A) a publicly owned or nonprofit community water
system (as defined in section 1401 of the Safe Drinking
Water Act (42 U.S.C. 300f)); and
(B) a publicly owned treatment works (as defined in
section 212 of the Federal Water Pollution Control Act
(33 U.S.C. 1292)).
(7) Residential water consumer.--The term ``residential
water consumer'' means a household that serves as a principal
residence to which water services are provided for any purpose
other than resale.
(8) Secretary.--The term ``Secretary'' means Secretary of
the Treasury.
(9) Water service.--The term ``water service'' means the
treatment and provision of drinking water, the collection and
treatment of wastewater, or stormwater management provided by a
qualified utility to a residential water consumer, including
any activities necessary to provide those services.
(b) Establishment.--
(1) In general.--The Secretary shall establish a loan
program to ensure that qualified utilities are able to continue
providing water service to residential water consumers during
the emergency period.
(2) Requirement.--In carrying out the loan program, the
Secretary shall take all necessary steps, including outreach
and the provision of technical assistance to qualified
utilities, to ensure that all qualified utilities, without
reference to the size of the customer base of the qualified
utility, have a fair opportunity to apply for and obtain loans
under the loan program.
(c) Loan Authorization.--The Secretary may make 1 or more loans to
a qualified utility under the loan program, such that the total amount
of loans provided to the qualified utility is not greater than the
payment shortfall of the qualified utility.
(d) Loan Repayment.--
(1) In general.--Except as provided in paragraph (2) and
subsection (e), a qualified utility receiving a loan under the
loan program shall repay the loan in full, with accrued
interest, not later than the loan repayment date.
(2) Right to call.--Notwithstanding paragraph (1) and
subsection (e), if the qualified utility carries out or fails
to carry out, as applicable, any of the following actions, a
loan received by the qualified utility under the loan program
shall be due and payable in full, with accrued interest, 90
days after the date on which the utility carries out or fails
to carry out, as applicable, that action:
(A) During the emergency period and after the date
on which the qualified utility receives the loan--
(i) the qualified utility charges any
residential water consumer interest, late fees,
or other charges or penalties associated with
the late payment or nonpayment of rates or
charges for the provision of water service;
(ii) the qualified utility discontinues
water service or refuses to establish new water
service to any residential water consumer of
the qualified utility due to the nonpayment of
rates or charges or the nonpayment of a deposit
for the provision of water service;
(iii) the qualified utility sells any
uncollected residential water consumer debt;
(iv) the qualified utility places, sells,
or initiates the collection of a lien on the
residence of a residential water consumer to
collect outstanding rates or charges for water
service;
(v) the qualified utility files an adverse
report on a residential water consumer to a
credit reporting agency due to the nonpayment
of rates or charges for the provision of water
service; or
(vi) the qualified utility charges a
service restoration fee for the restoration of
service described in subparagraph (B).
(B) Not later than 30 days after the date on which
the qualified utility receives the loan, the qualified
utility fails to restore (except for reasons of safety)
water service to all residential water consumers of the
qualified utility who had been disconnected due to
nonpayment of rates or charges for the provision of
water service.
(e) Loan Forgiveness.--
(1) In general.--Except as provided in subsection (d)(2),
after receipt of a certification under subsection (g)(2), the
Secretary shall forgive any loans provided to a qualified
utility under the loan program in an amount equal to the total
amount of the payment shortfall from the residential water
consumers of the qualified utility for water service provided
by the qualified utility to those residential water consumers
during the emergency period.
(2) Requirements.--On forgiveness of a loan or a portion of
a loan under paragraph (1), the qualified utility shall--
(A) forgive all outstanding debt owed to the
qualified utility, including any interest charges, late
fees, or other charges or penalties associated with
late payment or the nonpayment of rates or charges for
the provision of water service, that results from the
provision of water services to residential water
consumers during the emergency period;
(B) not later than 30 days after the date on which
the debt described in subparagraph (A) is forgiven for
a residential water consumer, notify the residential
water consumer of the amount of that forgiveness; and
(C) file with the applicable State regulatory
commission documents demonstrating that rates and
charges for the provision of water service have been
appropriately adjusted.
(f) Interest Rate.--A loan made under the loan program shall bear
interest at a rate not to exceed 1 percent per year.
(g) Borrower Requirements.--
(1) Application.--A qualified utility seeking a loan under
the loan program shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require, including--
(A) the amount of the loan sought by the qualified
utility, which shall be in an amount not greater than
the payment shortfall of the qualified utility; and
(B) a good faith certification that--
(i) a significant number of the residential
water consumers of the qualified utility have
not paid for the water service received by
those residential water consumers during the
emergency period;
(ii) the amount of the loan sought by the
qualified utility is a good faith estimate of
the payment shortfall of the qualified utility;
and
(iii) a loan in the amount described in
subparagraph (A) is needed to support the
qualified utility in continuing to provide
water service to the residential water
consumers of the qualified utility during the
emergency period.
(2) Final certification.--Not earlier than 18 months after
the date described in subsection (a)(1)(B) and not later than
the loan repayment date, a qualified utility that receives a
loan under the loan program shall make a good faith
certification to the Secretary of the total amount of rates
that the qualified utility has not collected from the
residential water consumers of the qualified utility for the
water service provided to those residential water consumers
during the emergency period, excluding any such amount of
uncollected payments that the qualified utility has sold to a
third party.
(3) Reporting requirement.--A qualified utility that
receives a loan under the loan program shall, for each month
until the month after the month of the loan repayment date or
the month in which the loan is forgiven under subsection (e),
as applicable, submit to the Secretary a report that includes--
(A) by ZIP Code--
(i) the number of residential water
consumers disconnected from water service by
the qualified utility due to nonpayment of
rates and charges for the provision of water
service;
(ii) the number of restorations of water
service by the qualified utility of residential
water consumers that had been disconnected for
nonpayment of rates and charges for the
provision of water service;
(iii) for each applicable residential water
consumer, the time between--
(I) the disconnection of water
service by the qualified utility for
nonpayment of rates and charges for the
provision of water service; and
(II) the restoration of that water
service;
(iv) the average time between the
disconnection and restoration described in
clause (iii) for all residential water
consumers disconnected during the applicable
month;
(v) the number of residential water
consumers for which the time between the
disconnection and restoration described in
clause (iii) exceeded 2 days;
(vi) the number of residential water
consumers of the qualified utility that became
eligible for disconnection of water service due
to nonpayment of rates and charges for the
provision of water service but, because of a
loan received under the loan program, avoided
disconnection;
(vii)(I) the number of residential water
consumers of the qualified utility that are in
arrears of payment of rates and charges for the
provision of water service by the qualified
utility; and
(II) the total amount and the range of
arrearages for which all residential water
consumers described in subclause (I) are in
arrears;
(viii) the total amount for which the
residential water consumers described in clause
(vii)(I) have had the amounts described in that
clause forgiven;
(ix) the number of residential water
consumers that have had an arrearage described
in clause (vii)(I) forgiven in full;
(x) a good faith estimate of the average
amount per residential water consumer of the
forgiveness described in clause (ix);
(xi) the number, if any, of residential
water consumers that have had an arrearage
described in clause (vii)(I) forgiven only in
part;
(xii)(I) the number, if any, of residential
water consumers for whom an arrearage described
in clause (vii)(I) has been sold to a third-
party debt buyer; and
(II) the total amount of arrearages
described in clause (vii)(I) that have been
sold to a third-party debt buyer, if any; and
(xiii) data similar to the data described
in clauses (i) through (xii) for the arrearages
that had accrued at the beginning of the
emergency period, including how much of those
arrearages have been forgiven or sold, and how
much of those arrearages remain; and
(B) a statement of whether the qualified utility
has carried out any of the actions described in
subsection (d)(2)(A) or failed to carry out any of the
actions described in subsection (d)(2)(B) within the
applicable month.
(h) Submissions to Congress.--
(1) Monthly reports.--Not later than 180 days after the
date of enactment of this Act, and every other month thereafter
for which funding for this section remains available, the
Secretary shall submit to the Committees on Appropriations,
Financial Services, Energy and Commerce, and Transportation and
Infrastructure of the House of Representatives and the
Committees on Appropriations, Environment and Public Works, and
Finance of the Senate a report that describes--
(A) each qualified utility that received a loan
under or pursuant to this section;
(B) the total amount of each loan provided under or
pursuant to this section;
(C) the amount forgiven under subsection (e) for
each loan provided under or pursuant to this section;
and
(D) a summary of the information provided by each
qualified utility that receives a loan under or
pursuant to this section under paragraphs (2) and (3)
of subsection (g).
(2) Other reports.--The Secretary shall submit to the
Committees on Appropriations, Financial Services, Energy and
Commerce, and Transportation and Infrastructure of the House of
Representatives and the Committees on Appropriations,
Environment and Public Works, and Finance of the Senate a
report that describes the results of activities carried out
pursuant to this section--
(A) not later than 1 year after the date of
enactment of this Act;
(B) on the date on which all funds appropriated
under subsection (j) have been fully disbursed; and
(C) on the date on which all loans made under or
pursuant to this section have been repaid or forgiven.
(i) Savings Clause.--Except as provided in subsection (e), nothing
in this section affects the obligation of--
(1) a residential water consumer to pay for water service
received by the residential water consumer; or
(2) a qualified utility to make reasonable, good faith
efforts to collect payment for water services provided to
residential water consumers of the qualified utility.
(j) Mandatory Spending.--
(1) In general.--There is appropriated to the Secretary,
out of any funds in the Treasury not otherwise appropriated,
$12,000,000,000 to carry out this section, to remain available
until September 30, 2027.
(2) Requirement.--Of the amounts made available under
paragraph (1) to provide loans under the loan program--
(A) 50 percent shall be used to provide loans to
qualified utilities described in subsection (a)(6)(A);
and
(B) 50 percent shall be used to provide loans to
qualified utilities described in subsection (a)(6)(B).
SEC. 3. EMERGENCY LOANS TO PRIVATELY OWNED WATER UTILITIES.
(a) Definitions.--In this section:
(1) Emergency period.--The term ``emergency period'' means
the period that--
(A) begins on March 13, 2020; and
(B) ends on the date that is 2 years after the date
on which the national emergency terminates under
section 202 of the National Emergencies Act (50 U.S.C.
1622).
(2) Loan program.--The term ``loan program'' means the loan
program established by the Secretary under subsection (b).
(3) Loan repayment date.--The term ``loan repayment date''
means the date that is 2 years after the date described in
paragraph (1)(B).
(4) National emergency.--The term ``national emergency''
means the national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.) with
respect to the Coronavirus Disease 2019 (COVID-19).
(5) Payment shortfall.--
(A) In general.--The term ``payment shortfall'',
with respect to a qualified utility, means a good faith
estimate of the total amount of rates and charges for
water service provided during the emergency period that
the qualified utility has not collected from
residential water consumers of the qualified utility,
as certified by the qualified utility to the Secretary
under subsection (g)(1).
(B) Exclusion.--The term ``payment shortfall'' does
not include any portion of the uncollected amounts
described in subparagraph (A) that the qualified
utility has sold to a third party.
(6) Qualified utility.--The term ``qualified utility''
means--
(A) a privately owned, for-profit community water
system (as defined in section 1401 of the Safe Drinking
Water Act (42 U.S.C. 300f)); and
(B) a privately owned, for-profit treatment works
(as defined in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292)).
(7) Residential water consumer.--The term ``residential
water consumer'' means a household that serves as a principal
residence to which water services are provided for any purpose
other than resale.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(9) Water service.--The term ``water service'' means the
treatment and provision of drinking water, the collection and
treatment of wastewater, or stormwater management provided by a
qualified utility to a residential water consumer, including
any activities necessary to provide those services.
(b) Establishment.--
(1) In general.--The Secretary shall establish a loan
program to ensure that qualified utilities are able to continue
providing water service to residential water consumers during
the emergency period.
(2) Requirement.--In carrying out the loan program, the
Secretary shall take all necessary steps, including outreach
and the provision of technical assistance to qualified
utilities, to ensure that all qualified utilities, without
reference to the size of the customer base of the qualified
utility, have a fair opportunity to apply for and obtain loans
under the loan program.
(c) Loan Authorization.--The Secretary may make 1 or more loans to
a qualified utility under the loan program, such that the total amount
of loans provided to the qualified utility is not greater than the
payment shortfall of the qualified utility.
(d) Loan Repayment.--
(1) In general.--Except as provided in paragraph (2) and
subsection (e), a qualified utility receiving a loan under the
loan program shall repay the loan in full, with accrued
interest, not later than the loan repayment date.
(2) Right to call.--Notwithstanding paragraph (1) and
subsection (e), if the qualified utility carries out or fails
to carry out, as applicable, any of the following actions, a
loan received by the qualified utility under the loan program
shall be due and payable in full, with accrued interest, 90
days after the date on which the utility carries out or fails
to carry out, as applicable, that action:
(A) During the emergency period and after the date
on which the qualified utility receives the loan--
(i) the qualified utility charges any
residential water consumer interest, late fees,
or other charges or penalties associated with
the late payment or nonpayment of rates or
charges for the provision of water service;
(ii) the qualified utility discontinues
water service or refuses to establish new water
service to any residential water consumer of
the qualified utility due to the nonpayment of
rates or charges or the nonpayment of a deposit
for the provision of water service;
(iii) the qualified utility sells any
uncollected residential water consumer debt;
(iv) the qualified utility files an adverse
report on a residential water consumer to a
credit reporting agency due to the nonpayment
of rates or charges for the provision of water
service; or
(v) the qualified utility charges a service
restoration fee for the restoration of service
described in subparagraph (B).
(B) Not later than 30 days after the date on which
the qualified utility receives the loan, the qualified
utility fails to restore (except for reasons of safety)
water service to all residential water consumers of the
qualified utility who had been disconnected due to
nonpayment of rates or charges for the provision of
water service.
(e) Loan Forgiveness.--
(1) In general.--Except as provided in subsection (d)(2),
after receipt of a certification under subsection (g)(2), the
Secretary shall forgive any loans provided to a qualified
utility under the loan program in an amount equal to 50 percent
of the total amount of the payment shortfall from the
residential water consumers of the qualified utility for water
service provided by the qualified utility to those residential
water consumers during the emergency period.
(2) Requirements.--On forgiveness of a loan or a portion of
a loan under paragraph (1), the qualified utility shall--
(A) forgive all outstanding debt owed to the
qualified utility, including any interest charges, late
fees, or other charges or penalties associated with
late payment or the nonpayment of rates or charges for
the provision of water service, that results from the
provision of water services to residential water
consumers during the emergency period; and
(B) not later than 30 days after the date on which
the debt described in subparagraph (A) is forgiven for
a residential water consumer, notify the residential
water consumer of the amount of that forgiveness.
(f) Interest Rate.--A loan made under the loan program shall bear
interest at a rate not to exceed 1 percent per year.
(g) Borrower Requirements.--
(1) Application.--A qualified utility seeking a loan under
the loan program shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require, including--
(A) the amount of the loan sought by the qualified
utility, which shall be in an amount not greater than
the payment shortfall of the qualified utility; and
(B) a good faith certification that--
(i) a significant number of the residential
water consumers of the qualified utility are
unable to pay for the water service received by
those residential water consumers during the
emergency period; and
(ii) the amount of the loan sought by the
qualified utility is a good faith estimate of
the payment shortfall of the qualified utility.
(2) Final certification.--Not earlier than 18 months after
the date described in subsection (a)(1)(B) and not later than
the loan repayment date, a qualified utility that receives a
loan under the loan program shall make a good faith
certification to the Secretary of the total amount of rates
that the qualified utility has not collected from the
residential water consumers of the qualified utility for the
water service provided to those residential water consumers
during the emergency period, excluding any such amount of
uncollected payments that the qualified utility has sold to a
third party.
(3) Reporting requirement.--A qualified utility that
receives a loan under the loan program shall, for each month
until the month after the month of the loan repayment date or
the month in which the loan is forgiven under subsection (e),
as applicable, submit to the Secretary a report that includes--
(A) by ZIP Code--
(i) the number of residential water
consumers disconnected from water service by
the qualified utility due to nonpayment of
rates and charges for the provision of water
service;
(ii) the number of restorations of water
service by the qualified utility of residential
water consumers that had been disconnected for
nonpayment of rates and charges for the
provision of water service;
(iii) the average time of the qualified
utility between--
(I) the disconnection of water
service by the qualified utility for
nonpayment of rates and charges for the
provision of water service; and
(II) the restoration of that water
service;
(iv) the number of residential water
consumers of the qualified utility that became
eligible for disconnection of water service due
to nonpayment of rates and charges for the
provision of water service but, because of a
loan received under the loan program, avoided
disconnection;
(v)(I) the number of residential water
consumers of the qualified utility that are in
arrears of payment of rates and charges for the
provision of water service by the qualified
utility; and
(II) the total amount and the range of
arrearages for which all residential water
consumers described in subclause (I) are in
arrears;
(vi) the total amount for which the
residential water consumers described in clause
(v)(I) have had the amounts described in that
clause forgiven;
(vii) the number of residential water
consumers that have had an arrearage described
in clause (v)(I) forgiven in full;
(viii) a good faith estimate of the average
amount per residential water consumer of the
forgiveness described in clause (vii);
(ix) the number, if any, of residential
water consumers that have had an arrearage
described in clause (v)(I) forgiven only in
part;
(x)(I) the number, if any, of residential
water consumers for whom an arrearage described
in clause (v)(I) has been sold to a third-party
debt buyer; and
(II) the total amount of arrearages
described in clause (v)(I) that have been sold
to a third-party debt buyer, if any; and
(xi) data similar to the data described in
clauses (i) through (x) for the arrearages that
had accrued at the beginning of the emergency
period, including how much of those arrearages
have been forgiven or sold, and how much of
those arrearages remain; and
(B) a statement of whether the qualified utility
has carried out any of the actions described in
subsection (d)(2)(A) or failed to carry out any of the
actions described in subsection (d)(2)(B) within the
applicable month.
(h) Submissions to Congress.--
(1) Monthly reports.--Not later than 180 days after the
date of enactment of this Act, and every other month thereafter
for which funding for this section remains available, the
Secretary shall submit to the Committees on Appropriations,
Financial Services, Energy and Commerce, and Transportation and
Infrastructure of the House of Representatives and the
Committees on Appropriations, Environment and Public Works, and
Finance of the Senate a report that describes--
(A) each qualified utility that received a loan
under or pursuant to this section;
(B) the total amount of each loan provided under or
pursuant to this section;
(C) the amount forgiven under subsection (e) for
each loan provided under or pursuant to this section;
and
(D) a summary of the information provided by each
qualified utility that receives a loan under or
pursuant to this section under paragraphs (2) and (3)
of subsection (g).
(2) Other reports.--The Secretary shall submit to the
Committees on Appropriations, Financial Services, Energy and
Commerce, and Transportation and Infrastructure of the House of
Representatives and the Committees on Appropriations,
Environment and Public Works, and Finance of the Senate a
report that describes the results of activities carried out
pursuant to this section--
(A) not later than 1 year after the date of
enactment of this Act;
(B) on the date on which all funds appropriated
under subsection (k) have been fully disbursed; and
(C) on the date on which all loans made under or
pursuant to this section have been repaid or forgiven.
(i) Taxability.--A loan forgiven under subsection (e) shall be
excluded from gross income for purposes of the Internal Revenue Code of
1986.
(j) Savings Clause.--Except as provided in subsection (e), nothing
in this section affects the obligation of--
(1) a residential water consumer to pay for water service
received by the residential water consumer; or
(2) a qualified utility to make reasonable, good faith
efforts to collect payment for water services provided to
residential water consumers of the qualified utility.
(k) Mandatory Spending.--
(1) In general.--There is appropriated to the Secretary,
out of any funds in the Treasury not otherwise appropriated,
$1,500,000,000 to carry out this section, to remain available
until September 30, 2025.
(2) Requirement.--Of the amounts made available under
paragraph (1) to provide loans under the loan program--
(A) 75 percent shall be used to provide loans to
qualified utilities described in subsection (a)(6)(A);
and
(B) 25 percent shall be used to provide loans to
qualified utilities described in subsection (a)(6)(B).
(l) Financial Terms for Private Utilities.--
(1) Financial benefits.--Any qualified utility that is
owned by shareholders or individuals shall not derive any
financial benefits, including increased rates of return on
capital investments, dividends, and interest, from receipt of
funding under this section.
(2) Report.--Any qualified utility that is regulated by a
State utility commission and is owned by shareholders shall
report to its State utility commission or equivalent financial
regulator the amount of all loans it receives under this
section and all information it submits to the Secretary
pursuant to subsection (g)(3).
SEC. 4. EMERGENCY LOANS TO MUNICIPAL AND COOPERATIVE ELECTRIC
UTILITIES.
(a) Definitions.--In this section:
(1) Electric service.--The term ``electric service'' means
the delivery of electric energy by a qualified utility to a
residential electricity consumer.
(2) Electricity consumer.--The term ``electricity
consumer'' means a person to which electric energy is sold by a
qualified utility for any purpose other than resale.
(3) Emergency period.--The term ``emergency period'' means
the period that--
(A) begins on March 13, 2020; and
(B) ends on the date that is 2 years after the date
on which the national emergency terminates under
section 202 of the National Emergencies Act (50 U.S.C.
1622).
(4) Loan program.--The term ``loan program'' means the loan
program established by the Secretary under subsection (b).
(5) Loan repayment date.--The term ``loan repayment date''
means the date that is 2 years after the date described in
paragraph (3)(B).
(6) National emergency.--The term ``national emergency''
means the national emergency declared by the President in
response to the coronavirus disease on March 13, 2020
(Proclamation 9994, 85 Fed. Reg. 15337 (Mar. 18, 2020)).
(7) Payment shortfall.--The term ``payment shortfall'',
with respect to a qualified utility, means a good faith
estimate of the total amount of rates and charges (including
interest and fees) for electric service provided during the
emergency period that the qualified utility is unable to
collect from all residential electricity consumers of the
qualified utility, as certified by the qualified utility to the
Secretary under subsection (g)(1).
(8) Qualified utility.--The term ``qualified utility''
means--
(A) an electric cooperative (as defined in section
3 of the Federal Power Act (16 U.S.C. 796)); and
(B) an agency, authority, or instrumentality of a
State or political subdivision of a State that sells
electric energy to residential electricity consumers.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--The Secretary shall establish a loan program to
ensure that qualified utilities are able to continue providing electric
service to residential electricity consumers during the emergency
period.
(c) Loan Authorization.--The Secretary may make 1 or more loans to
a qualified utility under the loan program, such that the total amount
of loans provided to the qualified utility is not more than the payment
shortfall of the qualified utility.
(d) Loan Repayment.--
(1) In general.--Except as provided in paragraph (2) and
subsection (e), a qualified utility receiving a loan under the
loan program shall repay the loan in full, with accrued
interest, not later than the loan repayment date.
(2) Right to call.--Notwithstanding paragraph (1) and
subsection (e), if, during the emergency period and after the
date on which a qualified utility receives a loan under the
loan program, the qualified utility discontinues electric
service to the residential electricity consumers of the
qualified utility due to nonpayment of rates and charges for
the provision of electric service, the loan shall be due and
payable in full, with accrued interest, 90 days after the date
on which the qualified utility discontinues that electric
service.
(e) Loan Forgiveness.--Except as provided in subsection (d)(2), the
Secretary shall forgive any loans provided to a qualified utility under
the loan program in an amount equal to the total amount of payments the
qualified utility was unable to collect from the residential
electricity consumers of the qualified utility for electric service
provided by the qualified utility to those residential electricity
consumers during the emergency period.
(f) Interest Rate.--A loan made under the loan program shall bear
interest at a rate not to exceed 1 percent per year.
(g) Borrower Requirements.--
(1) Application.--A qualified utility seeking a loan under
the loan program shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require, including--
(A) the amount of the loan sought by the qualified
utility, which shall be in an amount equal to the
payment shortfall of the qualified utility; and
(B) a good faith certification that--
(i) a significant number of the residential
electricity consumers of the qualified utility
are unable to pay for the electric service
received by those residential electricity
consumers during the emergency period;
(ii) the amount of the loan sought by the
qualified utility is a good faith estimate of
the payment shortfall of the qualified utility;
and
(iii) a loan in the amount described in
subparagraph (A) is needed to support the
qualified utility in continuing to provide
electric service to the residential electricity
consumers of the qualified utility during the
emergency period.
(2) Final certification.--Not earlier than the date
described in subsection (a)(3)(B) and not later than the loan
repayment date, a qualified utility that receives a loan under
the loan program shall make a good faith certification to the
Secretary of the total amount of rates and charges (including
interest and fees) that the qualified utility has been unable
to recover from the residential electricity consumers of the
qualified utility for the electric service provided to those
residential electricity consumers during the emergency period.
(3) Reporting requirements.--A qualified utility that
receives a loan under the loan program shall submit to the
Secretary a monthly report describing--
(A) the number of residential electricity consumers
disconnected by the qualified utility for nonpayment;
(B) the number of service restorations to
residential electricity consumers disconnected for
nonpayment;
(C) the average time between service disconnection
for nonpayment and service restoration;
(D) the number of residential electricity consumers
that became eligible for disconnection for nonpayment
but avoided disconnection because of a loan under the
loan program;
(E) the number of residential electricity consumers
in arrears and the total dollar amount of arrears for
residential energy consumers of the qualified utility;
and
(F) the amount of arrears forgiven by the qualified
utility with respect to residential electricity
consumers.
(h) Taxability.--A loan forgiven under subsection (e) shall be
excluded from gross income for purposes of the Internal Revenue Code of
1986.
(i) Savings Clause.--Except as provided in subsection (e), nothing
in this section affects the obligation of--
(1) an electricity consumer to pay for electric service
received by the electricity consumer; or
(2) a qualified utility to make reasonable, good faith
efforts to collect payment for electric service provided to
electricity consumers of the qualified utility.
(j) Mandatory Spending.--
(1) In general.--There is appropriated to the Secretary,
out of any funds in the Treasury not otherwise appropriated,
$5,000,000,000 to carry out this section, to remain available
until September 30, 2025.
(2) Requirement.--Of the amounts made available under
paragraph (1) to provide loans under the loan program--
(A) 50 percent shall be used to provide loans to
qualified utilities described in subsection (a)(8)(A);
and
(B) 50 percent shall be used to provide loans to
qualified utilities described in subsection (a)(8)(B).
SEC. 5. EMERGENCY LOANS TO INVESTOR-OWNED ENERGY UTILITIES.
(a) Definitions.--In this section:
(1) Emergency period.--The term ``emergency period'' means
the period that--
(A) begins on March 13, 2020; and
(B) ends on the date that is 2 years after the date
on which the national emergency terminates under
section 202 of the National Emergencies Act (50 U.S.C.
1622).
(2) Energy consumer.--The term ``energy consumer'' means a
person to which electric energy, natural gas, or propane is
sold by a qualified utility for any purpose other than resale.
(3) Energy service.--The term ``energy service'' means the
delivery of electric energy, natural gas, or propane by a
qualified utility to a residential energy consumer.
(4) Interest, late fees, or other charges.--The term
``interest, late fees, or other charges'', with respect to the
provision of energy service to a residential energy consumer,
includes--
(A) any late fee charged by a qualified utility
with respect to the payment or nonpayment of rates;
(B) any other fee charged by a qualified utility
that is associated with--
(i) the payment or nonpayment of rates; or
(ii) the connection, disconnection, or
reconnection of a residential energy consumer;
and
(C) any interest charged by a qualified utility to
a residential energy consumer.
(5) Loan program.--The term ``loan program'' means the loan
program established by the Secretary under subsection (b).
(6) Loan repayment date.--The term ``loan repayment date''
means the date that is 2 years after the date described in
paragraph (1)(B).
(7) National emergency.--The term ``national emergency''
means the national emergency declared by the President in
response to the coronavirus disease on March 13, 2020
(Proclamation 9994, 85 Fed. Reg. 15337 (Mar. 18, 2020)).
(8) Payment shortfall.--The term ``payment shortfall'',
with respect to a qualified utility, means a good faith
estimate of the total amount of rates for energy service
provided during the emergency period that the qualified utility
is unable to collect from all residential energy consumers of
the qualified utility, as certified by the qualified utility to
the Secretary under subsection (g)(1).
(9) Qualified utility.--The term ``qualified utility''
means an investor-owned--
(A) electric utility;
(B) gas utility; or
(C) utility that sells and delivers propane to
energy consumers.
(10) Rate.--
(A) In general.--The term ``rate'', with respect to
the provision of energy service to a residential energy
consumer, means the amount charged by a qualified
utility for that energy service.
(B) Exclusions.--The term ``rate'' does not
include--
(i) any late fee charged by a qualified
utility with respect to the payment or
nonpayment of an amount described in
subparagraph (A);
(ii) any other fee charged by a qualified
utility that is associated with--
(I) the payment or nonpayment of an
amount described in that subparagraph;
or
(II) the connection, disconnection,
or reconnection of a residential energy
consumer; or
(iii) any interest charged by a qualified
utility to a residential energy consumer,
including any interest on--
(I) a fee described in clause (i)
or (ii); or
(II) an amount described in
subparagraph (A).
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Establishment.--The Secretary shall establish a loan program to
ensure that qualified utilities are able to continue providing energy
service to residential energy consumers during the emergency period.
(c) Loan Authorization.--The Secretary may make 1 or more loans to
a qualified utility under the loan program, such that the total amount
of loans provided to the qualified utility is not more than the payment
shortfall of the qualified utility.
(d) Loan Repayment.--
(1) In general.--Except as provided in paragraph (2) and
subsection (e), a qualified utility receiving a loan under the
loan program shall repay the loan in full, with accrued
interest, not later than the loan repayment date.
(2) Right to call.--Notwithstanding paragraph (1) and
subsection (e), if, during the emergency period and after the
date on which a qualified utility receives a loan under the
loan program, the qualified utility charges residential energy
consumers interest, late fees, or other charges, does not
reconnect all residential energy consumers who have been
disconnected for nonpayment of rates or interest, late fees, or
other charges by the date that is 30 days after the date on
which the loan is made, or discontinues energy service to a
residential energy consumer due to nonpayment of rates or
interest, late fees, or other charges, the loan shall be due
and payable in full, with accrued interest, 90 days after, as
applicable--
(A) the date on which the qualified utility first
charged residential energy consumers interest, late
fees, or other charges after receiving the loan;
(B) the deadline by which to reconnect all
residential energy consumers under this paragraph; or
(C) the first date after receipt of the loan on
which the qualified utility disconnected a residential
energy consumer.
(e) Loan Forgiveness.--
(1) In general.--Except as provided in subsection (d)(2),
after receiving from a qualified utility the final
certification described in subsection (g)(2), the Secretary
shall forgive any loans provided to that qualified utility
under the loan program in an amount equal to 50 percent of the
total amount of rates the qualified utility was unable to
collect from the residential energy consumers of the qualified
utility for energy service provided by the qualified utility to
those residential energy consumers during the emergency period.
(2) Requirement.--On forgiveness of a loan or a portion of
a loan under paragraph (1), the qualified utility shall forgive
all outstanding debt owed to the qualified utility that results
from the provision of energy service to residential energy
consumers during the emergency period.
(f) Interest Rate.--A loan made under the loan program shall bear
interest at a rate not to exceed 1 percent per year.
(g) Borrower Requirements.--
(1) Application.--A qualified utility seeking a loan under
the loan program shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require, including--
(A) the amount of the loan sought by the qualified
utility, which shall be in an amount equal to the
payment shortfall of the qualified utility; and
(B) a good faith certification that--
(i) a significant number of the residential
energy consumers of the qualified utility are
unable to pay for the energy service received
by those residential energy consumers during
the emergency period; and
(ii) the amount of the loan sought by the
qualified utility is a good faith estimate of
the payment shortfall of the qualified utility.
(2) Final certification.--Not earlier than the date that is
18 months after the date described in subsection (a)(1)(B) and
not later than the loan repayment date, a qualified utility
that receives a loan under the loan program shall make a good
faith certification to the Secretary of the amount of rates
that the qualified utility has not recovered from the
residential energy consumers of the qualified utility for the
energy service provided to those residential energy consumers
during the emergency period.
(3) Reporting requirements.--A qualified utility that
receives a loan under the loan program shall submit to the
Secretary a monthly report describing--
(A) the number of residential energy consumers
disconnected by the qualified utility for nonpayment;
(B) the number of service restorations to
residential energy consumers disconnected for
nonpayment;
(C) the average time between service disconnection
for nonpayment and service restoration;
(D) the number of residential energy consumers that
became eligible for disconnection for nonpayment but
avoided disconnection because of a loan under the loan
program;
(E) the number of residential energy consumers in
arrears and the total dollar amount of arrears for
residential energy consumers of the qualified utility;
and
(F) the amount of arrears forgiven by the qualified
utility with respect to residential energy consumers.
(h) Taxability.--A loan forgiven under subsection (e) shall be
excluded from gross income for purposes of the Internal Revenue Code of
1986.
(i) Savings Clause.--Except as provided in subsection (e), nothing
in this section affects the obligation of--
(1) an energy consumer to pay for energy service received
by the energy consumer; or
(2) a qualified utility to make reasonable, good faith
efforts to collect payment for energy service provided to
energy consumers of the qualified utility.
(j) Mandatory Spending.--There is appropriated to the Secretary,
out of any funds in the Treasury not otherwise appropriated,
$8,000,000,000 to carry out this section, to remain available until
September 30, 2025.
SEC. 6. EMERGENCY LOANS TO INTERNET SERVICE PROVIDERS.
(a) Definitions.--In this section:
(1) Covered loan.--The term ``covered loan'' means a loan
made by the Secretary to an internet service provider under the
program established under subsection (c).
(2) Internet consumer.--The term ``internet consumer''
means a household to which internet service is provided.
(3) Emergency period.--The term ``emergency period'' means
the period during which the national emergency declaration by
the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) with respect to the Coronavirus Disease 2019
(COVID-19) is in effect.
(4) Large internet service provider.--The term ``large
internet service provider'' means an internet service provider
that provides internet service to not fewer than 250,000
customers.
(5) Loan repayment date.--The term ``loan repayment date''
means the date that is 2 years after the last day of the
emergency period.
(6) Payment shortfall.--The term ``payment shortfall''
means the total amount of rates and charges for internet
service provided by an internet service provider during the
emergency period that the provider is unable to recover from
internet consumers.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(8) Small internet service provider.--The term ``small
internet service provider'' means an internet service provider
that provides internet service to fewer than 250,000 customers.
(b) Establishment of Loan Program.--The Secretary shall establish a
loan program in accordance with this section to ensure that internet
service providers are able to continue providing internet service to
their internet consumers during the emergency period.
(c) Loan Authorization.--The Secretary may make 1 or more loans to
an internet service provider under this section in a total amount equal
to the payment shortfall of the internet service provider, based on a
good-faith estimate of the payment shortfall made by the provider when
applying for the loan.
(d) Loan Repayment.--
(1) In general.--Except as provided in paragraph (2) and
subsections (e) and (f), not later than the loan repayment
date, an internet service provider receiving a covered loan
shall repay the covered loan in full, with accrued interest.
(2) Extension if forgiveness amount pending.--It shall not
be considered a violation of paragraph (1) if an internet
service provider--
(A) submits a final certification under subsection
(h)(2) on or before the loan repayment date;
(B) is unable to meet the deadline under paragraph
(1) of this subsection because the internet service
provider is waiting for the Secretary to calculate the
amount of the covered loan that will be forgiven; and
(C) pays the final balance owed on the covered loan
within a reasonable amount of time, as determined by
the Secretary, after the Secretary forgives the covered
loan (in whole or in part) under subsection (e)(1).
(e) Loan Forgiveness.--
(1) Forgiveness of covered loans.--
(A) In general.--Except as provided in subsection
(f), after receiving a final certification from an
internet service provider under subsection (h)(2), the
Secretary shall forgive--
(i) the portion of the total amount of
covered loans made to the internet service
provider that is equal to the applicable
amount; and
(ii) the interest accrued on the forgiven
amount described in clause (i).
(B) Applicable amount.--For purposes of this
paragraph, the term ``applicable amount''--
(i) with respect to a small internet
service provider, means the payment shortfall;
and
(ii) with respect to a large internet
service provider, means one-half of the payment
shortfall.
(2) Forgiveness of customer debt.--Upon forgiveness of the
covered loans (in whole or in part) made to an internet service
provider under paragraph (1), the internet service provider
shall forgive all outstanding debt of the internet consumers of
the internet service provider relating to internet service
provided during the emergency period.
(f) Right To Call.--If, after receipt of a covered loan, an
internet service provider discontinues internet service to an internet
consumer for nonpayment of a bill during the emergency period, the
covered loan shall be due and payable in full to the Secretary, with
accrued interest, not later than 90 days after the date of
discontinuance.
(g) Interest Rate.--A covered loan shall bear interest at a rate of
not more than 1 percent per year.
(h) Borrower Requirements.--
(1) Initial certification.--In applying for a covered loan,
an internet service provider shall certify to the Secretary
that--
(A) a significant number of its internet consumers
are unable to pay for internet service during the
national emergency; and
(B) the amount of the covered loan requested is a
good faith estimate of the payment shortfall of the
internet service provider.
(2) Final certification.--Not earlier than 18 months after
the last day of the emergency period, and not later than the
loan repayment date, an internet service provider that receives
a covered loan shall certify to the Secretary the amount of the
payment shortfall.
(i) Taxability.--For purposes of the Internal Revenue Code of 1986,
any amount that (but for this subsection) would be included in the
gross income of an internet service provider by reason of forgiveness
under subsection (e)(1) shall be excluded from gross income.
(j) Savings Clause.--Except as provided in subsection (e), nothing
in this section shall be construed to relieve--
(1) an internet consumer from paying for internet service
provided to the internet consumer; or
(2) an internet service provider from making reasonable,
good faith efforts to collect payment for internet service from
its internet consumers.
(k) Direct Appropriation.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to the Secretary to carry
out this section $13,000,000,000 for fiscal year 2021, to remain
available through September 30, 2025, of which--
(1) $5,000,000,000 shall be for covered loans to small
internet service providers; and
(2) $8,000,000,000 shall be for covered loans to large
internet service providers.
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