[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2052 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2052

 To reauthorize the weatherization and State energy programs, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2014

   Mr. Coons (for himself, Ms. Collins, Mr. Reed, and Mrs. Shaheen) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the weatherization and State energy programs, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Weatherization 
Enhancement and Local Energy Efficiency Investment and Accountability 
Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
               TITLE I--WEATHERIZATION ASSISTANCE PROGRAM

Sec. 101. Reauthorization of Weatherization Assistance Program.
Sec. 102. Grants for new, self-sustaining low-income, single-family and 
                            multifamily housing energy retrofit model 
                            programs to eligible multistate housing and 
                            energy nonprofit organizations.
Sec. 103. Standards program.
                     TITLE II--STATE ENERGY PROGRAM

Sec. 201. Reauthorization of State energy program.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the State energy program established under part D of 
        title III of the Energy Policy and Conservation Act (42 U.S.C. 
        6321 et seq.) (referred to in this section as ``SEP'') and the 
        Weatherization Assistance Program for Low-Income Persons 
        established under part A of title IV of the Energy Conservation 
        and Production Act (42 U.S.C. 6861 et seq.) (referred to in 
        this section as ``WAP'') have proven to be beneficial, long-
        term partnerships among Federal, State, and local partners;
            (2) the SEP and the WAP have been reauthorized on a 
        bipartisan basis over many years to address changing national, 
        regional, and State circumstances and needs, especially 
        through--
                    (A) the Energy Policy and Conservation Act (42 
                U.S.C. 6201 et seq.);
                    (B) the Energy Conservation and Production Act (42 
                U.S.C. 6801 et seq.);
                    (C) the State Energy Efficiency Programs 
                Improvement Act of 1990 (Public Law 101-440; 104 Stat. 
                1006);
                    (D) the Energy Policy Act of 1992 (42 U.S.C. 13201 
                et seq.);
                    (E) the Energy Policy Act of 2005 (42 U.S.C. 15801 
                et seq.); and
                    (F) the Energy Independence and Security Act of 
                2007 (42 U.S.C. 17001 et seq.);
            (3) the SEP, also known as the ``State energy conservation 
        program''--
                    (A) was first created in 1975 to implement a State-
                based, national program in support of energy 
                efficiency, renewable energy, economic development, 
                energy emergency preparedness, and energy policy; and
                    (B) has come to operate in every sector of the 
                economy in support of the private sector to improve 
                productivity and has dramatically reduced the cost of 
                government through energy savings at the State and 
                local levels;
            (4) Federal laboratory studies have concluded that, for 
        every Federal dollar invested through the SEP, more than $7 is 
        saved in energy costs and almost $11 in non-Federal funds is 
        leveraged;
            (5) the WAP--
                    (A) was first created in 1976 to assist low-income 
                families in response to the first oil embargo;
                    (B) has become the largest residential energy 
                conservation program in the United States, with more 
                than 7,100,000 homes weatherized since the WAP was 
                created;
                    (C) saves an estimated 35 percent of consumption in 
                the typical weatherized home, yielding average annual 
                savings of $437 per year in home energy costs;
                    (D) has created thousands of jobs in both the 
                construction sector and in the supply chain of 
                materials suppliers, vendors, and manufacturers who 
                supply the WAP;
                    (E) returns $2.51 in energy savings for every 
                Federal dollar spent in energy and nonenergy benefits 
                over the life of weatherized homes;
                    (F) serves as a foundation for residential energy 
                efficiency retrofit standards, technical skills, and 
                workforce training for the emerging broader market and 
                reduces residential and power plant emissions of carbon 
                dioxide by 2.65 metric tons each year per home; and
                    (G) has decreased national energy consumption by 
                the equivalent of 24,100,000 barrels of oil annually;
            (6) the WAP can be enhanced with the addition of a targeted 
        portion of the Federal funds through an innovative program that 
        supports projects performed by qualified nonprofit 
        organizations that have a demonstrated capacity to build, 
        renovate, repair, or improve the energy efficiency of a 
        significant number of low-income homes, building on the success 
        of the existing program without replacing the existing WAP 
        network or creating a separate delivery mechanism for basic WAP 
        services;
            (7) the WAP has increased energy efficiency opportunities 
        by promoting new, competitive public-private sector models of 
        retrofitting low-income homes through new Federal partnerships;
            (8) improved monitoring and reporting of the work product 
        of the WAP has yielded benefits, and expanding independent 
        verification of efficiency work will support the long-term 
        goals of the WAP;
            (9) reports of the Government Accountability Office in 
        2011, Inspector General's of the Department of Energy, and 
        State auditors have identified State-level deficiencies in 
        monitoring efforts that can be addressed in a manner that will 
        ensure that WAP funds are used more effectively;
            (10) through the history of the WAP, the WAP has evolved 
        with improvements in efficiency technology, including, in the 
        1990s, many States adopting advanced home energy audits, which 
        has led to great returns on investment; and
            (11) as the home energy efficiency industry has become more 
        performance-based, the WAP should continue to use those 
        advances in technology and the professional workforce.

               TITLE I--WEATHERIZATION ASSISTANCE PROGRAM

SEC. 101. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM.

    Section 422 of the Energy Conservation and Production Act (42 
U.S.C. 6872) is amended by striking ``appropriated--'' and all that 
follows through the period at the end and inserting ``appropriated 
$450,000,000 for each of fiscal years 2015 through 2019.''.

SEC. 102. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, SINGLE-FAMILY AND 
              MULTIFAMILY HOUSING ENERGY RETROFIT MODEL PROGRAMS TO 
              ELIGIBLE MULTISTATE HOUSING AND ENERGY NONPROFIT 
              ORGANIZATIONS.

    The Energy Conservation and Production Act is amended by inserting 
after section 414B (42 U.S.C. 6864b) the following:

``SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, SINGLE-FAMILY 
              AND MULTIFAMILY HOUSING ENERGY RETROFIT MODEL PROGRAMS TO 
              ELIGIBLE MULTISTATE HOUSING AND ENERGY NONPROFIT 
              ORGANIZATIONS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to expand the number of low-income, single-family and 
        multifamily homes that receive energy efficiency retrofits;
            ``(2) to promote innovation and new models of retrofitting 
        low-income homes through new Federal partnerships with covered 
        organizations that leverage substantial donations, donated 
        materials, volunteer labor, homeowner labor equity, and other 
        private sector resources;
            ``(3) to assist the covered organizations in demonstrating, 
        evaluating, improving, and replicating widely the model low-
        income energy retrofit programs of the covered organizations; 
        and
            ``(4) to ensure that the covered organizations make the 
        energy retrofit programs of the covered organizations self-
        sustaining by the time grant funds have been expended.
    ``(b) Definitions.--In this section:
            ``(1) Covered organization.--The term `covered 
        organization' means an organization that--
                    ``(A) is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 and exempt from taxation 
                under 501(a) of that Code; and
                    ``(B) has an established record of constructing, 
                renovating, repairing, or making energy efficient a 
                total of not less than 250 owner-occupied, single-
                family or multifamily homes per year for low-income 
                households, either directly or through affiliates, 
                chapters, or other direct partners (using the most 
                recent year for which data are available).
            ``(2) Low-income.--The term `low-income' means an income 
        level that is not more than 200 percent of the poverty level 
        (as determined in accordance with criteria established by the 
        Director of the Office of Management and Budget) applicable to 
        a family of the size involved, except that the Secretary may 
        establish a higher or lower level if the Secretary determines 
        that a higher or lower level is necessary to carry out this 
        section.
            ``(3) Weatherization assistance program for low-income 
        persons.--The term `Weatherization Assistance Program for Low-
        Income Persons' means the program established under this part 
        (including part 440 of title 10, Code of Federal Regulations).
    ``(c) Competitive Grant Program.--The Secretary shall make grants 
to covered organizations through a national competitive process for use 
in accordance with this section.
    ``(d) Award Factors.--In making grants under this section, the 
Secretary shall consider--
            ``(1) the number of low-income homes the applicant--
                    ``(A) has built, renovated, repaired, or made more 
                energy efficient as of the date of the application; and
                    ``(B) can reasonably be projected to build, 
                renovate, repair, or make energy efficient during the 
                10-year period beginning on the date of the 
                application;
            ``(2) the qualifications, experience, and past performance 
        of the applicant, including experience successfully managing 
        and administering Federal funds;
            ``(3) the number and diversity of States and climates in 
        which the applicant works as of the date of the application;
            ``(4) the amount of non-Federal funds, donated or 
        discounted materials, discounted or volunteer skilled labor, 
        volunteer unskilled labor, homeowner labor equity, and other 
        resources the applicant will provide;
            ``(5) the extent to which the applicant could successfully 
        replicate the energy retrofit program of the applicant and 
        sustain the program after the grant funds have been expended;
            ``(6) regional diversity;
            ``(7) urban, suburban, and rural localities; and
            ``(8) such other factors as the Secretary determines to be 
        appropriate.
    ``(e) Applications.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Secretary shall request 
        proposals from covered organizations.
            ``(2) Administration.--To be eligible to receive a grant 
        under this section, an applicant shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require.
            ``(3) Awards.--Not later than 90 days after the date of 
        issuance of a request for proposals, the Secretary shall award 
        grants under this section.
    ``(f) Eligible Uses of Grant Funds.--A grant under this section may 
be used for--
            ``(1) energy efficiency audits, cost-effective retrofit, 
        and related activities in different climatic regions of the 
        United States;
            ``(2) energy efficiency materials and supplies;
            ``(3) organizational capacity--
                    ``(A) to significantly increase the number of 
                energy retrofits;
                    ``(B) to replicate an energy retrofit program in 
                other States; and
                    ``(C) to ensure that the program is self-sustaining 
                after the Federal grant funds are expended;
            ``(4) energy efficiency, audit and retrofit training, and 
        ongoing technical assistance;
            ``(5) information to homeowners on proper maintenance and 
        energy savings behaviors;
            ``(6) quality control and improvement;
            ``(7) data collection, measurement, and verification;
            ``(8) program monitoring, oversight, evaluation, and 
        reporting;
            ``(9) management and administration (up to a maximum of 10 
        percent of the total grant);
            ``(10) labor and training activities; and
            ``(11) such other activities as the Secretary determines to 
        be appropriate.
    ``(g) Maximum Amount.--The amount of a grant provided under this 
section shall not exceed--
            ``(1) if the amount made available to carry out this 
        section for a fiscal year is $225,000,000 or more, $5,000,000; 
        and
            ``(2) if the amount made available to carry out this 
        section for a fiscal year is less than $225,000,000, 
        $1,500,000.
    ``(h) Guidelines.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, the Secretary shall issue guidelines 
        to implement the grant program established under this section.
            ``(2) Administration.--The guidelines--
                    ``(A) shall not apply to the Weatherization 
                Assistance Program for Low-Income Persons, in whole or 
                major part; but
                    ``(B) may rely on applicable provisions of law 
                governing the Weatherization Assistance Program for 
                Low-Income Persons to establish--
                            ``(i) standards for allowable expenditures;
                            ``(ii) a minimum savings-to-investment 
                        ratio;
                            ``(iii) standards--
                                    ``(I) to carry out training 
                                programs;
                                    ``(II) to conduct energy audits and 
                                program activities;
                                    ``(III) to provide technical 
                                assistance;
                                    ``(IV) to monitor program 
                                activities; and
                                    ``(V) to verify energy and cost 
                                savings;
                            ``(iv) liability insurance requirements; 
                        and
                            ``(v) recordkeeping requirements, which 
                        shall include reporting to the Office of 
                        Weatherization and Intergovernmental Programs 
                        of the Department of Energy applicable data on 
                        each home retrofitted.
    ``(i) Review and Evaluation.--The Secretary shall review and 
evaluate the performance of any covered organization that receives a 
grant under this section (which may include an audit), as determined by 
the Secretary.
    ``(j) Compliance With State and Local Law.--Nothing in this section 
or any program carried out using a grant provided under this section 
supersedes or otherwise affects any State or local law, to the extent 
that the State or local law contains a requirement that is more 
stringent than the applicable requirement of this section.
    ``(k) Annual Reports.--The Secretary shall submit to Congress 
annual reports that provide--
            ``(1) findings;
            ``(2) a description of energy and cost savings achieved and 
        actions taken under this section; and
            ``(3) any recommendations for further action.
    ``(l) Funding.--Of the amount of funds that are made available to 
carry out the Weatherization Assistance Program for each of fiscal 
years 2015 through 2019 under section 422, the Secretary shall use to 
carry out this section for each of fiscal years 2015 through 2019--
            ``(1) 2 percent of the amount if the amount is less than 
        $225,000,000;
            ``(2) 5 percent of the amount if the amount is $225,000,000 
        or more but less than $260,000,000;
            ``(3) 10 percent of the amount if the amount is 
        $260,000,000 or more but less than $400,000,000; and
            ``(4) 20 percent of the amount if the amount is 
        $400,000,000 or more.''.

SEC. 103. STANDARDS PROGRAM.

    Section 415 of the Energy Conservation and Production Act (42 
U.S.C. 6865) is amended by adding at the end the following:
    ``(f) Standards Program.--
            ``(1) Contractor qualification.--Effective beginning 
        January 1, 2015, to be eligible to carry out weatherization 
        using funds made available under this part, a contractor shall 
        be selected through a competitive bidding process and be--
                    ``(A) accredited by the Building Performance 
                Institute;
                    ``(B) an Energy Smart Home Performance Team 
                accredited under the Residential Energy Services 
                Network; or
                    ``(C) accredited by an equivalent accreditation or 
                program accreditation-based State certification program 
                approved by the Secretary.
            ``(2) Grants for energy retrofit model programs.--
                    ``(A) In general.--To be eligible to receive a 
                grant under section 414C, a covered organization (as 
                defined in section 414C(b)) shall use a crew chief 
                who--
                            ``(i) is certified or accredited in 
                        accordance with paragraph (1); and
                            ``(ii) supervises the work performed with 
                        grant funds.
                    ``(B) Volunteer labor.--A volunteer who performs 
                work for a covered organization that receives a grant 
                under section 414C shall not be required to be 
                certified under this subsection if the volunteer is not 
                directly installing or repairing mechanical equipment 
                or other items that require skilled labor.
                    ``(C) Training.--The Secretary shall use training 
                and technical assistance funds available to the 
                Secretary to assist covered organizations under section 
                414C in providing training to obtain certification 
                required under this subsection, including provisional 
                or temporary certification.
            ``(3) Minimum efficiency standards.--Effective beginning 
        October 1, 2015, the Secretary shall ensure that--
                    ``(A) each retrofit for which weatherization 
                assistance is provided under this part meets minimum 
                efficiency and quality of work standards established by 
                the Secretary after weatherization of a dwelling unit;
                    ``(B) at least 10 percent of the dwelling units are 
                randomly inspected by a third party accredited under 
                this subsection to ensure compliance with the minimum 
                efficiency and quality of work standards established 
                under subparagraph (A); and
                    ``(C) the standards established under this 
                subsection meet or exceed the industry standards for 
                home performance work that are in effect on the date of 
                enactment of this subsection, as determined by the 
                Secretary.''.

                     TITLE II--STATE ENERGY PROGRAM

SEC. 201. REAUTHORIZATION OF STATE ENERGY PROGRAM.

    Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 
6325(f)) is amended by striking ``$125,000,000 for each of fiscal years 
2007 through 2012'' and inserting ``$75,000,000 for each of fiscal 
years 2015 through 2019''.
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