WHERA Act

I 116TH CONGRESS 1ST SESSION H. R. 5391 To establish a voluntary program that strengthens the economy, public health, and environment of the United States by reducing emissions from wood heaters, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 11, 2019 Mr. WELCH (for himself and Mrs. RODGERS of Washington) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish a voluntary program that strengthens the econ- omy, public health, and environment of the United States by reducing emissions from wood heaters, 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 ‘‘Wood Heaters Emis- 4 sions Reduction Act of 2019’’ or the ‘‘WHERA Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 22:47 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5391.IH H5391 kjohnson on DSK79L0C42 with BILLS 2 •HR 5391 IH (1) ADMINISTRATOR.—The term ‘‘Adminis- 1 trator’’ means the Administrator of the Environ- 2 mental Protection Agency. 3 (2) AFFECTED WOOD HEATER MODEL.—The 4 term ‘‘affected wood heater model’’ means a model 5 of wood heater described in— 6 (A) section 60.530(a) of title 40, Code of 7 Federal Regulations (or a successor regulation); 8 and 9 (B) subsections (a) and (b) of section 10 60.5472 of that title. 11 (3) CERTIFIED CLEAN HEATER.—The term 12 ‘‘certified clean heater’’ means a heater that— 13 (A) has been certified or verified by— 14 (i) the Administrator; or 15 (ii) the California Air Resources 16 Board; 17 (B) meets or has emissions below the most 18 stringent Step 2 emission reductions standards 19 described in the Final Rule; 20 (C) with respect to an affected wood heater 21 model, has a thermal efficiency rating of not 22 less than 65 percent, as certified by the Admin- 23 istrator under the Final Rule; and 24 VerDate Sep 11 2014 22:47 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5391.IH H5391 kjohnson on DSK79L0C42 with BILLS 3 •HR 5391 IH (D) is installed by a licensed or certified 1 professional or verified by the State in which 2 the heater is being installed. 3 (4) FINAL RULE.—The term ‘‘Final Rule’’ 4 means the final rule entitled ‘‘Standards of Perform- 5 ance for New Residential Wood Heaters, New Resi- 6 dential Hydronic Heaters and Forced-Air Furnaces’’ 7 (80 Fed. Reg. 13672 (March 16, 2015)). 8 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 9 has the meaning given the term in section 4 of the 10 Indian Self-Determination and Education Assistance 11 Act (25 U.S.C. 5304). 12 (6) REGIONAL AGENCY.—The term ‘‘regional 13 agency’’ means a regional or local government agen- 14 cy— 15 (A) with jurisdiction over air quality; or 16 (B) that has received approval from the air 17 quality program of the State of the agency to 18 carry out a wood heater emissions reduction 19 and replacement program. 20 (7) REPLACEMENT OF AN OLD WOOD HEAT- 21 ER.—The term ‘‘replacement of an old wood heater’’ 22 means the replacement of an existing wood heater 23 that— 24 VerDate Sep 11 2014 22:47 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5391.IH H5391 kjohnson on DSK79L0C42 with BILLS 4 •HR 5391 IH (A) does not meet the reductions standards 1 described in paragraph (3)(B); 2 (B) is removed from a home or building in 3 which the wood heater was the primary or sec- 4 ondary source of heat; and 5 (C) is surrendered to a supplier, retailer, 6 or other entity, as defined by the Adminis- 7 trator, who shall render the existing wood heat- 8 er inoperable and ensure the existing wood 9 heater is disposed through— 10 (i) recycling; or 11 (ii) scrappage. 12 (8) STATE.—The term ‘‘State’’ means— 13 (A) each of the several States of the 14 United States; 15 (B) the District of Columbia; 16 (C) the Commonwealth of Puerto Rico; 17 (D) Guam; 18 (E) the United States Virgin Islands; 19 (F) American Samoa; and 20 (G) the Commonwealth of the Northern 21 Mariana Islands. 22 (9) WOOD HEATER.—The term ‘‘wood heater’’ 23 means an enclosed, wood-burning appliance capable 24 of and intended for residential space heating or 25 VerDate Sep 11 2014 22:47 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5391.IH H5391 kjohnson on DSK79L0C42 with BILLS 5 •HR 5391 IH space heating and domestic water heating that is an 1 affected wood heater model, including— 2 (A) a residential wood heater; 3 (B) a hydronic heater; and 4 (C) a forced-air furnace. 5 SEC. 3. ESTABLISHMENT OF GRANT PROGRAM FOR WOOD 6 HEATER EMISSIONS REDUCTIONS. 7 (a) IN GENERAL.—Subject to the availability of ap- 8 propriations, the Administrator shall establish a grant 9 program that provides funding for grant, rebate, and other 10 programs administered by States, regional agencies, and 11 Indian tribes that are designed— 12 (1) to provide financial incentives to home- 13 owners for the replacement of old wood heaters that 14 greatly contribute to particulate pollution with more 15 efficient, cleaner-burning heaters that are— 16 (A) properly installed; and 17 (B) certified clean heaters; 18 (2) to achieve significant reductions in emis- 19 sions from wood heaters in terms of pollution pro- 20 duced by wood heaters and wood heater emissions 21 exposure; 22 (3) to help homeowners transition to safer and 23 more efficient sources of heat; and 24 VerDate Sep 11 2014 22:47 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5391.IH H5391 kjohnson on DSK79L0C42 with BILLS 6 •HR 5391 IH (4) to support retailers, installers, and manu- 1 facturers that sell and make certified clean heaters 2 that are more efficient and cleaner-burning. 3 (b) APPLICATIONS.—The Administrator shall— 4 (1) provide to States, regional agencies, and In- 5 dian tribes guidance for use in applying for funding 6 under this section, including information regard- 7 ing— 8 (A) the process and forms for applications; 9 (B) permissible uses of funds received 10 under this section; and 11 (C) the cost-effectiveness of various emis- 12 sion reduction technologies eligible for funds 13 provided under this section; 14 (2) establish, for applications described in para- 15 graph (1)— 16 (A) an annual deadline for submission of 17 the applications; 18 (B) a process by which the Administrator 19 shall approve or disapprove each application; 20 (C) a simplified application submission 21 process to expedite the provision of funds; and 22 (D) a streamlined process by which a 23 State, regional agency, or Indian tribe may 24 VerDate Sep 11 2014 22:47 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5391.IH H5391 kjohnson on DSK79L0C42 with BILLS 7 •HR 5391 IH renew an application described in paragraph (1) 1 for subsequent fiscal years; 2 (3) require States or regional agencies applying 3 for funding under this section to provide detailed in- 4 formation on how the State or regional agency in- 5 tends to carry out and verify projects under the 6 wood heater emissions reduction program of the 7 State or regional agency, including— 8 (A) a description of the air quality in the 9 State or the area in which the regional agency 10 has jurisdiction; 11 (B) the means by which the project will 12 achieve a significant reduction in wood heater 13 emissions and air pollution, including the esti- 14 mated quantity of— 15 (i) residences that depend on non-cer- 16 tified clean heaters as a primary or sec- 17 ondary source of heat; and 18 (ii) air pollution produced by wood 19 heaters in the State or the area in which 20 the regional agency has jurisdiction; 21 (C) an estimate of the cost and economic 22 benefits of the proposed project; 23 VerDate Sep 11 2014 22:47 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5391.IH H5391 kjohnson on DSK79L0C42 with BILLS 8 •HR 5391 IH (D) the means by which the funds will be 1 distributed, including a description of the in- 2 tended recipients of the funds; 3 (E) a description of any efforts to target 4 low-income individuals that own older wood 5 heaters; 6 (F) provisions for the monitoring and 7 verification of the project; and 8 (G) a description of how the program will 9 carry out the replacement of old wood heaters, 10 including— 11 (i) how the older units will be removed 12 and placed out of service; and 13 (ii) how new heaters purchased with 14 funding provided under this section will be 15 installed; and 16 (4) require Indian tribes applying for funding 17 under this section to provide detailed information on 18 how the Indian tribe intends to carry out and verify 19 projects under the wood heater emissions reduction 20 program of the Indian tribe, including— 21 (A) the means by which the project will 22 achieve a significant reduction in wood heater 23 emissions; 24 VerDate Sep 11 2014 22:47 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5391.IH H5391 kjohnson on DSK79L0C42 with BILLS 9 •HR 5391 IH (B) an estimate of the cost and economic 1 benefits of the proposed project; 2 (C) the means by which the funds will be 3 distributed, including a description of the in- 4 tended recipients of the funds; 5 (D) a description of any efforts to target 6 low-income individuals that own older wood 7 heaters; 8 (E) provisions for the monitoring and 9 verification of the project; and 10 (F) a description of how the program will 11 carry out the replacement of old wood heaters, 12 including— 13 (i) how the older units will be removed 14 and placed out of service; and 15 (ii) how new heaters purchased with 16 funding provided under this section will be 17 installed. 18 (c) ALLOCATION OF FUNDS.— 19 (1) IN GENERAL.—For each fiscal year, the Ad- 20 ministrator shall allocate funds made available to 21 carry out this section— 22 (A) among States, regional agencies, and 23 Indian tribes that submitted an application 24 VerDate Sep 11 2014 22:47 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5391.IH H5391 kjohnson on DSK79L0C42 with BILLS 10 •HR 5391 IH under this section that was approved by the Ad- 1 ministrator; 2 (B) of which not less than 4 percent shall 3 be allocated to Indian tribes to perform func- 4 tions that include— 5 (i) addressing subsequent mainte- 6 nance costs resulting from the installation 7 of wood heaters under this section; and 8 (ii) training qualified installers and 9 technicians; and 10 (C) among different geographic areas and 11 varying population densities. 12 (2) ALLOCATION PRIORITY.—The Administrator 13 shall provide to each State, regional agency, and In- 14 dian tribe described in paragraph (1) for a fiscal 15 year an allocation of funds, with priority given to 16 States, regional agencies, and Indian tribes that will 17 use the funds to support projects that— 18 (A) maximize public health benefits, in- 19 cluding indoor and outdoor air quality; 20 (B) are the most cost-effective; 21 (C) target the replacement of wood heaters 22 that emit the most pollution; 23 (D) include certified clean heaters and 24 other heaters that achieve emission reductions 25 VerDate Sep 11 2014 22:47 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5391.IH H5391 kjohnson on DSK79L0C42 with BILLS 11 •HR 5391 IH and efficiency improvements that are more 1 stringent than the Step 2 emission reductions 2 standards, as described in the Final Rule; 3 (E) target low-income households; 4 (F) encourage the recycling of old wood 5 heaters when replacing those heaters; and 6 (G) serve areas that— 7 (i) receive a disproportionate quantity 8 of air pollution from wood heaters; 9 (ii) have a high percentage of resi- 10 dents that use wood as their primary 11 source of heat; or 12 (iii) are poor air quality areas, includ- 13 ing areas identified by the Administrator 14 as— 15 (I) in nonattainment or mainte- 16 nance of national ambient air quality 17 standards for particulate matter 18 under section 109 of the Clean Air 19 Act (42 U.S.C. 7409); or 20 (II) class I areas under section 21 162(a) of that Act (42 U.S.C. 22 7472(a)). 23 (3) UNOBLIGATED FUNDS.—Any funds that are 24 not obligated by a State, regional agency, or Indian 25 VerDate Sep 11 2014 22:47 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5391.IH H5391 kjohnson on DSK79L0C42 with BILLS 12 •HR 5391 IH tribe by a date determined by the Administrator in 1 a fiscal year shall be reallocated pursuant to the pri- 2 orities described in paragraph (2). 3 (4) STATE, REGIONAL AGENCY, AND TRIBAL 4 MATCHING INCENTIVE.— 5 (A) IN GENERAL.—Subject to subpara- 6 graph (B), if a State, regional agency, or In- 7 dian tribe agrees to match the allocation pro- 8 vided to the State, regional agency, or Indian 9 tribe under paragraph (1) for a fiscal year, the 10 Administrator shall provide to the State, re- 11 gional agency, or Indian tribe for the fiscal year 12 a matching incentive consisting of an additional 13 amount equal to 30 percent of the allocation of 14 the State, regional agency, or Indian tribe 15 under paragraph (1). 16 (B) REQUIREMENT.—To receive a match- 17 ing incentive under subparagraph (A), a State, 18 regional agency, or Indian tribe— 19 (i) may not use funds received under 20 this section to pay a matching share re- 21 quired under this subsection; and 22 (ii) shall not be required to provide a 23 matching share for any additional amount 24 received under that subparagraph. 25 VerDate Sep 11 2014 22:47 Dec 16, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5391.IH H5391 kjohnson on DSK79L0C42 with BILLS 13 •HR 5391 IH (d) ADMINISTRATION.— 1 (1) IN GENERAL.—Subject to paragraphs (2) 2 and (3), States, regional agencies, and Indian tribes 3 shall use any funds provided under this section— 4 (A) to develop and implement such pro- 5 grams in the State or in areas under the juris- 6 diction of the regional agency or Indian tribe as 7 are appropriate to meet the needs and goals of 8 the State, regional agency, or Indian tribe; and 9 (B) to the maximum extent practicable, to 10 use the programs described in subparagraph 11 (A) to give high priority to projects that serve 12 areas described in subsection (c)(2)(G). 13 (2) APPORTIONMENT OF FUNDS.—The chief ex- 14 ecutive officer of a State, regional agency, or Indian 15 tribe that receives funding under this section may 16 determine the portion of funds to be provided as 17 grants and the portion to be provided as rebates. 18 (3) USE OF FUNDS.—A State, regional agency, 19 or Indian tribe shall use funds provided under this 20 section for— 21 (A) projects to [Text truncated for display. 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