Weatherization Enhancement and Local Energy Efficiency Investment and Accountability Act of 2019

II 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) in- troduced the following bill; which was read twice and referred to the Com- mittee 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S983.RS S983 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 983 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Weatherization En- 2 hancement and Local Energy Efficiency Investment and 3 Accountability Act of 2019’’. 4 SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM. 5 (a) DEFINITION OF WEATHERIZATION MATE- 6 RIALS.—Section 412(9)(J) of the Energy Conservation 7 and Production Act (42 U.S.C. 6862(9)(J)) is amended— 8 (1) by inserting ‘‘, including renewable energy 9 technologies and other advanced technologies,’’ after 10 ‘‘technologies’’; and 11 (2) by striking ‘‘Development,’’ and all that fol- 12 lows through the period at the end and inserting 13 ‘‘Development and the Secretary of Agriculture.’’. 14 (b) ALLOWANCE FOR HEALTH AND SAFETY BENE- 15 FITS.—Section 413(b) of the Energy Conservation and 16 Production Act (42 U.S.C. 6863(b)) is amended— 17 (1) in paragraph (2)(B), by striking ‘‘para- 18 graph (5)’’ and inserting ‘‘paragraph (6)’’; 19 (2) by redesignating paragraphs (5) and (6) as 20 paragraphs (6) and (7), respectively; and 21 (3) by inserting after paragraph (4) the fol- 22 lowing: 23 ‘‘(5) In carrying out paragraph (3), the Sec- 24 retary may take into consideration evidence-based 25 values for improvements in the health and safety of 26 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S983.RS S983 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 983 RS occupants of weatherized homes, and other non-en- 1 ergy benefits, as determined by the Secretary.’’. 2 (c) CONTRACTOR OPTIMIZATION.— 3 (1) TECHNICAL TRANSFER GRANTS.—Section 4 414B(a)(4) of the Energy Conservation and Produc- 5 tion Act (42 U.S.C. 6864b(a)(4)) is amended— 6 (A) by striking ‘‘for persons’’ and inserting 7 the following: ‘‘for— 8 ‘‘(A) persons’’; and 9 (B) in subparagraph (A) (as so des- 10 ignated), by striking the period at the end and 11 inserting the following: ‘‘; and 12 ‘‘(B) private entities that are contracted to 13 provide weatherization assistance under this 14 part, in accordance with rules determined by 15 the Secretary.’’. 16 (2) CONTRACTOR OPTIMIZATION.—The Energy 17 Conservation and Production Act is amended by in- 18 serting after section 414B (42 U.S.C. 6864b) the 19 following: 20 ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. 21 ‘‘The Secretary may request that entities receiving 22 funding from the Federal Government or from a State 23 through a weatherization assistance program under sec- 24 tion 413 or 414— 25 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S983.RS S983 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 983 RS ‘‘(1) perform periodic reviews of the use of pri- 1 vate contractors in the provision of weatherization 2 assistance, if applicable; and 3 ‘‘(2) encourage an increased use and expanded 4 role of contractors as appropriate.’’. 5 (3) TABLE OF CONTENTS AMENDMENT.—The 6 table of contents for the Energy Conservation and 7 Production Act (Public Law 94–385; 90 Stat. 1125) 8 is amended by inserting after the item relating to 9 section 414B the following: 10 ‘‘Sec. 414C. Contractor optimization.’’. (d) FINANCIAL ASSISTANCE FOR WAP ENHANCE- 11 MENT AND INNOVATION.— 12 (1) IN GENERAL.—The Energy Conservation 13 and Production Act (Public Law 94–385; 90 Stat. 14 1125) is amended by inserting after section 414C 15 (as added by subsection (c)) the following: 16 ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCE- 17 MENT AND INNOVATION. 18 ‘‘(a) PURPOSES.—The purposes of this section are— 19 ‘‘(1) to expand the number of dwelling units 20 that are occupied by low-income persons that receive 21 weatherization assistance under this section by mak- 22 ing those dwelling units weatherization-ready; 23 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S983.RS S983 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 983 RS ‘‘(2) to promote the deployment of renewable 1 energy in dwelling units that are occupied by low-in- 2 come persons; 3 ‘‘(3) to ensure healthy indoor environments by 4 enhancing or expanding health and safety measures 5 and resources available to dwellings that are occu- 6 pied by low-income persons; and 7 ‘‘(4) to disseminate new methods and best prac- 8 tices among eligible entities providing weatherization 9 assistance under this section. 10 ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec- 11 tion, the term ‘eligible entity’ means— 12 ‘‘(1) an entity receiving funding from the Fed- 13 eral Government or from a State through a weather- 14 ization assistance program under section 413 or 15 414; and 16 ‘‘(2) a nonprofit organization. 17 ‘‘(c) FINANCIAL ASSISTANCE AWARDS.—The Sec- 18 retary shall, to the extent funds are made available, award 19 financial assistance through a competitive process to an 20 eligible entity— 21 ‘‘(1) with respect to dwelling units that are oc- 22 cupied by low-income persons— 23 ‘‘(A) to implement measures to make those 24 dwelling units weatherization-ready, including 25 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S983.RS S983 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 983 RS by addressing structural, plumbing, roofing, 1 and electrical issues, environmental hazards, 2 and other issues that the Secretary determines 3 to be appropriate; 4 ‘‘(B) to install energy efficiency tech- 5 nologies, including home energy management 6 systems, smart devices, and other technologies 7 the Secretary determines to be appropriate; 8 ‘‘(C) to install renewable energy systems 9 (as defined in section 415(c)(6)(A)); and 10 ‘‘(D) to implement measures to ensure 11 healthy indoor environments by improving in- 12 door air quality, accessibility, and other healthy 13 home measures, as determined by the Sec- 14 retary; 15 ‘‘(2) to improve the capability of the eligible en- 16 tity— 17 ‘‘(A) to significantly increase the number 18 of energy retrofits performed by the eligible en- 19 tity; 20 ‘‘(B) to replicate best practices for work 21 performed under this section on a larger scale; 22 and 23 ‘‘(C) to leverage additional funds to sus- 24 tain the provision of weatherization assistance 25 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S983.RS S983 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 983 RS and other work performed under this section 1 after the financial assistance awarded under 2 this section is expended; 3 ‘‘(3) for innovative outreach and education re- 4 garding the benefits and availability of weatheriza- 5 tion assistance and other assistance available under 6 this section; 7 ‘‘(4) for quality control of work performed 8 under this section; 9 ‘‘(5) for data collection, measurement, and 10 verification with respect to that work; 11 ‘‘(6) for program monitoring, oversight, evalua- 12 tion, and reporting of that work; 13 ‘‘(7) for labor, training, and technical assist- 14 ance relating to that work; 15 ‘‘(8) subject to subsection (g)(2), for planning, 16 management, and administration of that work; and 17 ‘‘(9) for any other appropriate activity, as de- 18 termined by the Secretary. 19 ‘‘(d) APPLICATIONS.—To be eligible for an award of 20 financial assistance under this section, an eligible entity 21 shall submit to the Secretary an application in such man- 22 ner and containing such information as the Secretary may 23 require. 24 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S983.RS S983 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 983 RS ‘‘(e) AWARD FACTORS.—In awarding financial assist- 1 ance under this section, the Secretary shall consider— 2 ‘‘(1) the record of the eligible entity, using the 3 most recent year for which data are available, in 4 constructing, renovating, repairing, and making en- 5 ergy efficient single-family, multifamily, or manufac- 6 tured homes that are occupied by low-income per- 7 sons, either directly or through affiliates, chapters, 8 or other partners; 9 ‘‘(2) the number of dwelling units occupied by 10 low-income persons that the eligible entity has built, 11 renovated, repaired, weatherized, and made more en- 12 ergy efficient in the 5 years immediately preceding 13 the date on which the eligible entity submits an ap- 14 plication under subsection (d); 15 ‘‘(3) the qualifications, experience, and past 16 performance of the eligible entity, including experi- 17 ence successfully managing and administering Fed- 18 eral funds; 19 ‘‘(4) the strength of the proposal of the eligible 20 entity to achieve one or more of the purposes de- 21 scribed in subsection (a); 22 ‘‘(5) the extent to which the eligible entity will 23 use partnerships and regional coordination to 24 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S983.RS S983 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 983 RS achieve one or more of the purposes described in 1 subsection (a); 2 ‘‘(6) regional and climate zone diversity; 3 ‘‘(7) urban, suburban, and rural localities; and 4 ‘‘(8) any other appropriate factor, as deter- 5 mined by the Secretary. 6 ‘‘(f) FIRST AWARD.—Subject to the availability of ap- 7 propriations, not later than 270 days after the date of en- 8 actment of this section, the Secretary shall make a first 9 award of financial assistance under this section. 10 ‘‘(g) AMOUNT AND TERM.— 11 ‘‘(1) MAXIMUM AMOUNT.—The total amount of 12 financial assistance awarded to an eligible entity 13 under this section shall not exceed $2,000,000. 14 ‘‘(2) PLANNING, MANAGEMENT, AND ADMINIS- 15 TRATION.—Of the amount awarded to an eligible en- 16 tity under this section, not more than 15 percent 17 may be used by the eligible entity for the purpose 18 described in subsection (c)(8). 19 ‘‘(3) TECHNICAL AND TRAINING ASSISTANCE.— 20 The total amount of financial assistance awarded to 21 an entity under this section shall be reduced by the 22 cost of any technical and training assistance pro- 23 vided by the Secretary under this section that relates 24 to that financial assistance. 25 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S983.RS S983 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 983 RS ‘‘(4) TERM.—The term of an award of financial 1 assistance under this section shall not exceed 3 2 years. 3 ‘‘(h) GUIDANCE.—Not later than 90 days after the 4 date of enactment of this section, the Secretary shall issue 5 guidance on implementing this section, which shall in- 6 clude, with respect to eligible entities awarded financial 7 assistance under this section— 8 ‘‘(1) standards for allowable expenditures; 9 ‘‘(2) a minimum saving-to-investment ratio; and 10 ‘‘(3) standards for— 11 ‘‘(A) training programs; 12 ‘‘(B) energy audits; 13 ‘‘(C) the provision of technical assistance; 14 ‘‘(D) monitoring activities carried out 15 using the financial assistance; 16 ‘‘(E) verification of energy and cost sav- 17 ings; 18 ‘‘(F) liability insurance requirements; and 19 ‘‘(G) recordkeeping and reporting require- 20 ments, which shall include reporting to the Of- 21 fice of Weatherization and Intergovernmental 22 Programs of the Department of Energy applica- 23 ble data on each dwelling unit retrofitted or 24 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S983.RS S983 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 983 RS otherwise assisted by the eligible entity using 1 the financial assistance. 2 ‘‘(i) COMPLIANCE WITH STATE AND LOCAL LAW.— 3 Nothing in this section supersedes or modifies any State 4 or local law to the extent that the State or local law is 5 more stringent than this section. 6 ‘‘(j) REVIEW AND EVALUATION.—The Secretary shall 7 review and evaluate the performance of each eligible entity 8 that receives an award of financial assistance under this 9 section, which may include an audit. 10 ‘‘(k) ANNUAL REPORT.—The Secretary shall submit 11 to the relevant committees of Congress an annual report 12 that describes— 13 ‘‘(1) the actions taken by the Secretary and eli- 14 gible entities awarded financial assistance under this 15 section to achieve the purposes of this section during 16 the year covered by the report; and 17 ‘‘(2) the energy and cost savings, and any other 18 accomplishments, achieved under this section during 19 the year covered by the report. 20 ‘‘(l) FUNDING.— 21 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 22 and (3), for each of fiscal years 2020 through 2024, 23 of the amount appropriated under section 422— 24 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S983.RS S983 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 983 RS ‘‘(A) if the amount is not more than 1 $225,000,000, no funds shall be used to carry 2 out this section; 3 ‘‘(B) if the amount is not more than 4 $260,000,000, not more than 2 percent of that 5 amount may be used to carry out this section; 6 ‘‘(C) if the amount is not more than 7 $300,000,000, not more than 4 percent of that 8 amount may be used to carry out this section; 9 and 10 ‘‘(D) if the amount is more than 11 $300,000,000, not more than 6 percent of that 12 amount may be used to carry out this section. 13 ‘‘(2) AMOUNTS EXCLUDED.—Each amount de- 14 scribed in paragraph (1) shall not include the 15 amount made available for Department of Energy 16 headquarters training or technical assistance. 17 ‘‘(3) MAXIMUM AMOUNT.—The maximum 18 amount used to carry out this section in each fiscal 19 year shall not exceed $25,000,000.’’. 20 (2) TABLE OF CONTENTS.—The table of con- 21 tents for the Energy Conservation and Production 22 Act (Public Law 94–385; 90 Stat. 1125) is amended 23 by inserting after the item relating to section 414C 24 (as added by subsection (c)(3)) [Text truncated for display. Full text available on Congress.gov.]