Weatherization Enhancement and Local Energy Efficiency Investment and Accountability Act

I 116TH CONGRESS 1ST SESSION H. R. 2041 To reauthorize the weatherization assistance program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 2, 2019 Mr. TONKO (for himself, Mr. RUSH, and Ms. KAPTUR) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To reauthorize the weatherization assistance program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Weatherization En- 4 hancement and Local Energy Efficiency Investment and 5 Accountability Act’’. 6 SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM. 7 (a) REAUTHORIZATION OF WEATHERIZATION AS- 8 SISTANCE PROGRAM.—Section 422 of the Energy Con- 9 servation and Production Act (42 U.S.C. 6872) is amend- 10 ed by striking ‘‘appropriated—’’ and all that follows 11 VerDate Sep 11 2014 01:47 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2041.IH H2041 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2041 IH through ‘‘2012..’’ and inserting ‘‘appropriated 1 $350,000,000 for each of fiscal years 2020 through 2 2024.’’. 3 (b) MODERNIZING THE DEFINITION OF WEATHER- 4 IZATION MATERIALS.—Section 412(9)(J) of the Energy 5 Conservation and Production Act (42 U.S.C. 6862(9)(J)) 6 is amended— 7 (1) by inserting ‘‘, including renewable energy 8 technologies and other advanced technologies,’’ after 9 ‘‘devices or technologies’’; and 10 (2) by striking ‘‘, after consulting with the Sec- 11 retary of Housing and Urban Development, the Sec- 12 retary of Agriculture, and the Director of the Com- 13 munity Services Administration’’. 14 (c) CONSIDERATION OF HEALTH BENEFITS.—Sec- 15 tion 413(b) of the Energy Conservation and Production 16 Act (42 U.S.C. 6863(b)) is amended— 17 (1) by redesignating paragraphs (4) through 18 (6) as paragraphs (5) through (7), respectively; and 19 (2) by inserting after paragraph (3), the fol- 20 lowing: 21 ‘‘(4) The Secretary may amend the regulations pre- 22 scribed under paragraph (1) to provide that the standards 23 described in paragraph (2)(A) take into consideration im- 24 provements in the health and safety of occupants of dwell- 25 VerDate Sep 11 2014 01:47 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2041.IH H2041 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2041 IH ing units, and other non-energy benefits, from weatheriza- 1 tion.’’. 2 (d) CONTRACTOR OPTIMIZATION.— 3 (1) IN GENERAL.—The Energy Conservation 4 and Production Act is amended by inserting after 5 section 414B (42 U.S.C. 6864b) the following: 6 ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. 7 ‘‘(a) IN GENERAL.—The Secretary may request that 8 entities receiving funding from the Federal Government 9 or from a State through a weatherization assistance pro- 10 gram under section 413 or section 414 perform periodic 11 reviews of the use of private contractors in the provision 12 of weatherization assistance, and encourage expanded use 13 of contractors as appropriate. 14 ‘‘(b) USE OF TRAINING FUNDS.—Entities described 15 in subsection (a) may use funding described in such sub- 16 section to train private, non-Federal entities that are con- 17 tracted to provide weatherization assistance under a 18 weatherization program, in accordance with rules deter- 19 mined by the Secretary.’’. 20 (2) TABLE OF CONTENTS AMENDMENT.—The 21 table of contents for the Energy Conservation and 22 Production Act is amended by inserting after the 23 item relating to section 414B the following: 24 ‘‘Sec. 414C. Contractor optimization.’’. VerDate Sep 11 2014 01:47 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H2041.IH H2041 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2041 IH (e) FINANCIAL ASSISTANCE FOR WAP ENHANCE- 1 MENT AND INNOVATION.— 2 (1) IN GENERAL.—The Energy Conservation 3 and Production Act is amended by inserting after 4 section 414C (as added by subsection (d) of this sec- 5 tion) the following: 6 ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCE- 7 MENT AND INNOVATION. 8 ‘‘(a) PURPOSES.—The purposes of this section are— 9 ‘‘(1) to expand the number of dwelling units 10 that are occupied by low-income persons that receive 11 weatherization assistance by making such dwelling 12 units weatherization-ready; 13 ‘‘(2) to promote the deployment of renewable 14 energy in dwelling units that are occupied by low-in- 15 come persons; 16 ‘‘(3) to ensure healthy indoor environments by 17 enhancing or expanding health and safety measures 18 and resources available to dwellings that are occu- 19 pied by low-income persons; and 20 ‘‘(4) to disseminate new methods and best prac- 21 tices among entities providing weatherization assist- 22 ance. 23 ‘‘(b) FINANCIAL ASSISTANCE.—The Secretary shall, 24 to the extent funds are made available, award financial 25 VerDate Sep 11 2014 01:47 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2041.IH H2041 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2041 IH assistance through a competitive process to entities receiv- 1 ing funding from the Federal Government or from a State 2 through a weatherization program under section 413 or 3 section 414, or to nonprofit entities, to be used by such 4 an entity— 5 ‘‘(1) with respect to dwelling units that are oc- 6 cupied by low-income persons, to— 7 ‘‘(A) implement measures to make such 8 dwelling units weatherization-ready by address- 9 ing structural, plumbing, roofing, and electrical 10 issues, environmental hazards, or other meas- 11 ures that the Secretary determines to be appro- 12 priate; 13 ‘‘(B) install energy efficiency technologies, 14 including home energy management systems, 15 smart devices, and other technologies the Sec- 16 retary determines to be appropriate; 17 ‘‘(C) install renewable energy systems (as 18 defined in section 415(c)(6)(A)); and 19 ‘‘(D) implement measures to ensure 20 healthy indoor environments by improving in- 21 door air quality, accessibility, and other healthy 22 homes measures as determined by the Sec- 23 retary; 24 ‘‘(2) to improve the capability of the entity— 25 VerDate Sep 11 2014 01:47 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2041.IH H2041 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 2041 IH ‘‘(A) to significantly increase the number 1 of energy retrofits performed by such entity; 2 ‘‘(B) to replicate best practices for work 3 performed pursuant to this section on a larger 4 scale; and 5 ‘‘(C) to leverage additional funds to sus- 6 tain the provision of weatherization assistance 7 and other work performed pursuant to this sec- 8 tion after financial assistance awarded under 9 this section is expended; 10 ‘‘(3) for innovative outreach and education re- 11 garding the benefits and availability of weatheriza- 12 tion assistance and other assistance available pursu- 13 ant to this section; 14 ‘‘(4) for quality control of work performed pur- 15 suant to this section; 16 ‘‘(5) for data collection, measurement, and 17 verification with respect to such work; 18 ‘‘(6) for program monitoring, oversight, evalua- 19 tion, and reporting regarding such work; 20 ‘‘(7) for labor, training, and technical assist- 21 ance relating to such work; 22 ‘‘(8) for planning, management, and adminis- 23 tration (up to a maximum of 15 percent of the as- 24 sistance provided); and 25 VerDate Sep 11 2014 01:47 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2041.IH H2041 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 2041 IH ‘‘(9) for such other activities as the Secretary 1 determines to be appropriate. 2 ‘‘(c) AWARD FACTORS.—In awarding financial assist- 3 ance under this section, the Secretary shall consider— 4 ‘‘(1) the applicant’s record of constructing, ren- 5 ovating, repairing, or making energy efficient single- 6 family, multifamily, or manufactured homes that are 7 occupied by low-income persons, either directly or 8 through affiliates, chapters, or other partners (using 9 the most recent year for which data are available); 10 ‘‘(2) the number of dwelling units occupied by 11 low-income persons that the applicant has built, ren- 12 ovated, repaired, weatherized, or made more energy 13 efficient in the 5 years preceding the date of the ap- 14 plication; 15 ‘‘(3) the qualifications, experience, and past 16 performance of the applicant, including experience 17 successfully managing and administering Federal 18 funds; 19 ‘‘(4) the strength of an applicant’s proposal to 20 achieve one or more of the purposes under sub- 21 section (a); 22 ‘‘(5) the extent to which such applicant will uti- 23 lize partnerships and regional coordination to 24 VerDate Sep 11 2014 01:47 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2041.IH H2041 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 2041 IH achieve one or more of the purposes under sub- 1 section (a); 2 ‘‘(6) regional and climate zone diversity; 3 ‘‘(7) urban, suburban, and rural localities; and 4 ‘‘(8) such other factors as the Secretary deter- 5 mines to be appropriate. 6 ‘‘(d) APPLICATIONS.— 7 ‘‘(1) ADMINISTRATION.—To be eligible for an 8 award of financial assistance under this section, an 9 applicant shall submit to the Secretary an applica- 10 tion in such manner and containing such informa- 11 tion as the Secretary may require. 12 ‘‘(2) AWARDS.—Subject to the availability of 13 appropriations, not later than 270 days after the 14 date of enactment of this section, the Secretary shall 15 make a first award of financial assistance under this 16 section. 17 ‘‘(e) MAXIMUM AMOUNT AND TERM.— 18 ‘‘(1) IN GENERAL.—The total amount of finan- 19 cial assistance awarded to an entity under this sec- 20 tion shall not exceed $2,000,000. 21 ‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.— 22 The total amount of financial assistance awarded to 23 an entity under this section shall be reduced by the 24 cost of any technical and training assistance pro- 25 VerDate Sep 11 2014 01:47 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2041.IH H2041 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 2041 IH vided by the Secretary that relates to such financial 1 assistance. 2 ‘‘(3) TERM.—The term of an award of financial 3 assistance under this section shall not exceed 3 4 years. 5 ‘‘(f) REQUIREMENTS.—Not later than 90 days after 6 the date of enactment of this section, the Secretary shall 7 issue requirements to implement this section, including, 8 for entities receiving financial assistance under this sec- 9 tion— 10 ‘‘(1) standards for allowable expenditures; 11 ‘‘(2) a minimum saving-to-investment ratio; and 12 ‘‘(3) standards for— 13 ‘‘(A) training programs; 14 ‘‘(B) energy audits; 15 ‘‘(C) the provision of technical assistance; 16 ‘‘(D) monitoring activities carried out 17 using such financial assistance; 18 ‘‘(E) verification of energy and cost sav- 19 ings; 20 ‘‘(F) liability insurance requirements; and 21 ‘‘(G) recordkeeping and reporting require- 22 ments, which shall include reporting to the Of- 23 fice of Weatherization and Intergovernmental 24 Programs of the Department of Energy applica- 25 VerDate Sep 11 2014 01:47 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2041.IH H2041 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 2041 IH ble data on each dwelling unit retrofitted or 1 otherwise assisted pursuant to this section. 2 ‘‘(g) COMPLIANCE WITH STATE AND LOCAL LAW.— 3 Nothing in this section supersedes or otherwise affects any 4 State or local law, to the extent that the State or local 5 law contains a requirement that is more stringent than 6 the applicable requirement of this section. 7 ‘‘(h) REVIEW AND EVALUATION.—The Secretary 8 shall review and evaluate the performance of each entity 9 that receives an award of financial assistance under this 10 section (which may include an audit). 11 ‘‘(i) ANNUAL REPORT.—The Secretary shall submit 12 to Congress an annual report that provides a description 13 of— 14 ‘‘(1) actions taken under this section to achieve 15 the purposes of this section; and 16 ‘‘(2) accomplishments as a result of such ac- 17 tions, including energy and cost savings achieved. 18 ‘‘(j) FUNDING.— 19 ‘‘(1) AMOUNTS.— 20 ‘‘(A) IN GENERAL.—For each of fiscal 21 years 2020 through 2024, of the amount made 22 available under section 422 for such fiscal year 23 to carry out the weatherization program under 24 this part (not including any of such amount 25 VerDate Sep 11 2014 01:47 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2041.IH H2041 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 2041 IH made available for Department of Energy head- 1 quarters training or technical assistance), not 2 more than— 3 ‘‘(i) 2 percent of such amount (if such 4 amount is $225,000,000 or more but less 5 than $260,000,000) may be used to carry 6 out this section; 7 ‘‘(ii) 4 percent of such amount (if 8 such amount is $260,000,000 or more but 9 less than $300,000,000) may be used to 10 carry out this section; and 11 ‘‘(iii) 6 percent of such amount (if 12 such amount is $300,000,000 or more) 13 may be used to carry out this section. 14 ‘‘(B) MINIMUM.—For each of fiscal years 15 2020 through 2024, if the amount made avail- 16 able under section 422 (not including any of 17 such amount made available for Department of 18 Energy headquarters training or technical as- 19 sistance) for such fiscal year is less than 20 $225,000,000, no funds shall be made available 21 to carry out this section. 22 ‘‘(2) LIMITATION.—For any fiscal year, the 23 Secretary may not use more than $25,000,000 of 24 VerDate Sep 11 2014 01:47 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2041.IH H2041 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 2041 IH the amount made available under section 422 to 1 carry out this section.’’. 2 (2) TABLE OF CONTENTS.—The table of con- 3 tents for the Energy Conservation and Production 4 Act is amended by inserting after the item relating 5 to section 414C the following: 6 ‘‘Sec. 414D. Financial assistance for WAP enhancement and innovation.’’. (f) INCREASE IN ADMINISTRATIVE FUNDS.—Section 7 415(a)(1) of the Energy Conservation and Production Act 8 (42 U.S.C. 6865(a)(1)) is amended by striking ‘‘10 per- 9 cent’’ and inserting ‘‘15 percent’’. 10 (g) AMENDING RE-WEATHERIZATION DATE.—Para- 11 graph (2) of section 415(c) of the Energy Conservation 12 and Production Act (42 U.S.C. 6865(c)) is amended to 13 read as follows: 14 ‘‘(2) Dwelling units weatherized (including dwelling 15 units partially weatherized) under this part, or under 16 other Federal programs (in this paragraph referred to as 17 ‘previous weatherization’), [Text truncated for display. Full text available on Congress.gov.]