[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4296 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4296
To direct the Secretary of the Interior to establish a grant program to
assist primarily low-income individuals in making their homes and
property more resilient to the impacts of climate change, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2023
Mr. Mullin (for himself, Ms. Brown, Mr. Carter of Louisiana, Ms.
Crockett, Mr. Doggett, Ms. Eshoo, Mr. Evans, Ms. Norton, Ms. Kamlager-
Dove, Mr. Khanna, Ms. Lee of California, Mr. Panetta, Mr. Peters, Ms.
Porter, Mr. Schiff, Mr. Swalwell, and Ms. Tlaib) introduced the
following bill; which was referred to the Committee on Financial
Services, and in addition to the Committee on Science, Space, and
Technology, 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 direct the Secretary of the Interior to establish a grant program to
assist primarily low-income individuals in making their homes and
property more resilient to the impacts of climate change, 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 Resilience and
Adaptation Program Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Human accelerated climate change is causing significant
shifts in global surface and atmospheric temperatures,
accelerating the frequency of extreme weather events around the
globe.
(2) Extreme weather events create environmental hazards
such as excessive flooding, fire, heat, wind, and drought that
have catastrophic impacts on frontline communities, who
experience the worst and most immediate impacts of our climate
crisis and often bear the brunt of such events seasonally,
creating a cyclical pattern of disruption and destruction.
(3) Individuals can take steps to prevent and mitigate the
worst impacts of extreme weather events on their home and
property by implementing resilience and adaptation best
practices, but the cost of these solutions puts them out of
reach for many households.
(4) Low-income homeowners and individuals who reside in
affordable housing disproportionately live in areas that face
the greatest threat from extreme weather events, yet can least
afford the changes to their property to make them more
resilient to disasters and adapted to the changing climate.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Climate change.--The term ``climate change'' means
long-term shifts in temperatures and weather patterns.
(2) Climate-driven hazards.--The term ``climate-driven
hazards'' means hazards, such as floods, wildfires, landslides,
extreme heat, extreme wind, and atmospheric rivers that have a
human, economic, and ecological impact with increased
frequency.
(3) Director.--The term ``Director'' means the Director of
National Institute of Standards and Technology.
(4) Eligible program participant.--The term ``eligible
program participant'' means--
(A) a State;
(B) a federally recognized Indian Tribe; and
(C) a Native Hawaiian organization.
(5) Eligible property owners.--The term ``eligible property
owner'' means--
(A) a low-income property owner;
(B) an owner of a property of which the deed,
ground lease, or a loan for the improvement thereof has
a restriction or covenant related to housing
affordability which will not expire for at least 5
years following the receipt of funds awarded under this
Act;
(C) an owner of a multifamily dwelling building
where more than 50 percent of dwelling units are
occupied by residents whose rent is subsidized under a
covered housing program listed in section 41411(a)(3)
of the Violence Against Women Act of 1994 (34 U.S.C.
12491(a)(3)); and
(D) an owner of a property used as a community of
manufactured homes.
(6) Low-income.--The term ``low-income'' means income in
relation to family size that is at or below 300 percent of the
poverty level determined in accordance with criteria
established by the Director of the Office of Management and
Budget, except that the Secretary may allow an eligible program
participant to use a higher level if, after receiving a
justification from such eligible program participant, the
Secretary determines that such a higher level is necessary to
carry out the purposes of this part and is consistent with the
eligibility criteria established in this Act.
(7) Manufactured home.--The term ``manufactured home'' has
the meaning given that term under section 603(6) of the
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5402(6)).
(8) Natural solutions.--The term ``natural solutions''
means ways of adapting or making property more resilient to
climate-driven hazards by making changes that imitate naturally
occurring ecological functions that mitigate such hazards.
(9) Resilience and adaptation standards.--The term
``resilience and adaptation standards'' means a set of
building, landscaping, and construction guidelines for how
property owners may preemptively mitigate the impacts of
extreme precipitation, flooding, wildfires, heat, and other
hazards attributable to global climate change in their
dwellings and surrounding non-dwelling property.
(10) Secretary.--The term ``Secretary'' refers to the
Secretary of the Interior.
(11) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia; and
(C) any territory or possession of the United
States.
SEC. 4. GRANT PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a grant program to
award grants to eligible program participants to assist eligible
property owners with dwelling and property adaptations to increase
their ability to withstand climate-driven hazards.
(b) Application.--Eligible program participants applying for a
grant under this section shall--
(1) submit to the Secretary an application--
(A) at such time and in such manner as the
Secretary determines appropriate; and
(B) containing a description of--
(i) the eligible activities to be
undertaken with the grant funds;
(ii) how eligible program participants will
prioritize eligible property owners in awarding
funding based on factors that take into account
varying levels of disaster risk and means;
(iii) how eligible property owners awarded
funding will be required to report on their use
of funds; and
(iv) other information, as the Secretary
determines appropriate; and
(2) if awarded funding under this Act, accept and process
applications for funding from eligible property owners using an
online system accessible on a smartphone or personal electronic
device in addition to accepting and processing applications
through a paper format.
(c) Use of Funds.--
(1) Eligible program participants.--Eligible program
participants--
(A) shall use funds awarded under this Act to award
grants to eligible property owners for resilience and
adaptation activities to mitigate the impacts of
climate change, including related modifications needed
to maintain the existing accessibility of a property to
individuals with disabilities, as the Secretary may
determine after the consultation prescribed under
section 5(a);
(B) shall be required to conduct outreach to
educate eligible property owners, regardless of whether
such property owners have received funds awarded under
this Act, about how they can make structural
improvements to their homes and property;
(C) may use up to 15 percent of funds awarded under
this Act for expenses related to administering such
funds and for the outreach required under subparagraph
(B);
(D) shall not add additional eligibility
requirements that materially change who is eligible for
funding under this Act or add procedural burdens that
limit property owners from applying for, and receiving,
funding according to rules promulgated under section 5
of this Act;
(E) shall only award grants for activities related
to buildings, assets, or land located in areas where
climate-driven hazards are more likely to occur as a
result of climate change; and
(F) when awarding grants to the owner of a
multifamily building--
(i) may require financial participation
from such owner as a condition of awarding a
grant for an activity with respect to that
multifamily building;
(ii) in the case of projects funded under
this Act that involve the displacement of a
resident from any occupied housing unit, shall
only award a grant on the condition that such
owner--
(I) provides, at the option of the
resident, a suitable and habitable
housing unit that is, with respect to
the housing unit from which the
resident is displaced--
(aa) of a comparable size;
(bb) located in the same
local community or a community
with reduced hazard risk; and
(cc) offered under similar
costs, conditions, and terms;
and
(II) ensures that resident
displaced are provided with the ability
to return to their former unit, or a
comparable unit located in the same
multifamily dwelling following the
completion of the grant-funded project;
and
(iii) shall only award a grant on the
condition that such owner refrains from--
(I) raising rent on dwelling units
in such multifamily building as a
result of any improvements paid for by
funding awarded under this Act; and
(II) increasing rent on such
dwelling units for any reason for at
least 2 years unless specific rent
increases during those 2 years were
stipulated in agreements made prior to
the awarding of funding under this Act
to which such owner is a party.
(2) Eligible property owners.--Eligible property owners
shall use funds awarded under this Act to--
(A) make changes to existing buildings or other
assets as necessary to meet the purpose of the program
established under this section; and
(B) implement natural solutions to adapt land to
changing conditions.
SEC. 5. RULEMAKING.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall promulgate rules to carry
out this Act in consultation with--
(1) the Secretary of Housing and Urban Development;
(2) the Secretary of Health and Human Services;
(3) the Administrator of the Environmental Protection
Agency;
(4) the Administrator of the Federal Emergency Management
Agency; and
(5) the heads of such other Federal departments and
agencies as the Secretary determines appropriate.
(b) Required Provisions.--The Secretary shall ensure that
regulations promulgated pursuant to this section include provisions
that--
(1) in coordination with the Director, prescribe resilience
and adaptation standards;
(2) provide guidance to eligible program participants in
the implementation of this Act;
(3) create audits and annual reporting requirements as may
be necessary or appropriate to determine whether an eligible
program participant has carried out activities using grant
funds--
(A) in a timely and effective manner; and
(B) in accordance with the requirements of this Act
and other applicable laws; and
(4) develop and make publicly available performance targets
for public review, which shall include spending thresholds for
each year from the date on which funds are obligated by the
Secretary to the grantee until such time all funds have been
expended.
SEC. 6. STANDARDS.
(a) Publication.--Not later than 1 year after the date of the
enactment of this Act, the Director shall develop and publish on the
National Institute of Standards and Technology website resilience and
adaptation standards, after consultation with--
(1) relevant Federal departments and agencies as the
Director determines appropriate; and
(2) private sector organizations as the Director determines
appropriate.
(b) Requirements.--The resilience and adaptation standards
published under this section shall take into consideration--
(1) the cost of building materials;
(2) fair labor standards;
(3) variation in impacts of climate change, geographical
and topographical location, and pre-existing weatherization
projects; and
(4) natural solutions.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act--
(1) to the Secretary, $250,000,000 for each of fiscal years
2024 through 2029; and
(2) to the Director, $2,000,000 for each of fiscal years
2024 through 2026.
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