[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 983 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 983

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, and Mrs. Shaheen) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Weatherization Enhancement and Local 
Energy Efficiency Investment and Accountability Act of 2019''.

SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM.

    (a) Definition of Weatherization Materials.--Section 412(9)(J) of 
the Energy Conservation and Production Act (42 U.S.C. 6862(9)(J)) is 
amended--
            (1) by inserting ``, including renewable energy 
        technologies and other advanced technologies,'' after 
        ``technologies''; and
            (2) by striking ``Development,'' and all that follows 
        through the period at the end and inserting ``Development and 
        the Secretary of Agriculture.''.
    (b) Allowance for Health and Safety Benefits.--Section 413(b) of 
the Energy Conservation and Production Act (42 U.S.C. 6863(b)) is 
amended--
            (1) in paragraph (2)(B), by striking ``paragraph (5)'' and 
        inserting ``paragraph (6)'';
            (2) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7), respectively; and
            (3) by inserting after paragraph (4) the following:
            ``(5) In carrying out paragraph (3), the Secretary may take 
        into consideration evidence-based values for improvements in 
        the health and safety of occupants of weatherized homes, and 
        other non-energy benefits, as determined by the Secretary.''.
    (c) Contractor Optimization.--
            (1) Technical transfer grants.--Section 414B(a)(4) of the 
        Energy Conservation and Production Act (42 U.S.C. 6864b(a)(4)) 
        is amended--
                    (A) by striking ``for persons'' and inserting the 
                following: ``for--
                    ``(A) persons''; and
                    (B) in subparagraph (A) (as so designated), by 
                striking the period at the end and inserting the 
                following: ``; and
                    ``(B) private entities that are contracted to 
                provide weatherization assistance under this part, in 
                accordance with rules determined by the Secretary.''.
            (2) Contractor optimization.--The Energy Conservation and 
        Production Act is amended by inserting after section 414B (42 
        U.S.C. 6864b) the following:

``SEC. 414C. CONTRACTOR OPTIMIZATION.

    ``The Secretary may request that entities receiving funding from 
the Federal Government or from a State through a weatherization 
assistance program under section 413 or 414--
            ``(1) perform periodic reviews of the use of private 
        contractors in the provision of weatherization assistance, if 
        applicable; and
            ``(2) encourage an increased use and expanded role of 
        contractors as appropriate.''.
            (3) Table of contents amendment.--The table of contents for 
        the Energy Conservation and Production Act (Public Law 94-385; 
        90 Stat. 1125) is amended by inserting after the item relating 
        to section 414B the following:

``Sec. 414C. Contractor optimization.''.
    (d) Financial Assistance for WAP Enhancement and Innovation.--
            (1) In general.--The Energy Conservation and Production Act 
        (Public Law 94-385; 90 Stat. 1125) is amended by inserting 
        after section 414C (as added by subsection (c)) the following:

``SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCEMENT AND INNOVATION.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to expand the number of dwelling units that are 
        occupied by low-income persons that receive weatherization 
        assistance under this section by making those dwelling units 
        weatherization-ready;
            ``(2) to promote the deployment of renewable energy in 
        dwelling units that are occupied by low-income persons;
            ``(3) to ensure healthy indoor environments by enhancing or 
        expanding health and safety measures and resources available to 
        dwellings that are occupied by low-income persons; and
            ``(4) to disseminate new methods and best practices among 
        eligible entities providing weatherization assistance under 
        this section.
    ``(b) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
            ``(1) an entity receiving funding from the Federal 
        Government or from a State through a weatherization assistance 
        program under section 413 or 414; and
            ``(2) a nonprofit organization.
    ``(c) Financial Assistance Awards.--The Secretary shall, to the 
extent funds are made available, award financial assistance through a 
competitive process to an eligible entity--
            ``(1) with respect to dwelling units that are occupied by 
        low-income persons--
                    ``(A) to implement measures to make those dwelling 
                units weatherization-ready, including by addressing 
                structural, plumbing, roofing, and electrical issues, 
                environmental hazards, and other issues that the 
                Secretary determines to be appropriate;
                    ``(B) to install energy efficiency technologies, 
                including home energy management systems, smart 
                devices, and other technologies the Secretary 
                determines to be appropriate;
                    ``(C) to install renewable energy systems (as 
                defined in section 415(c)(6)(A)); and
                    ``(D) to implement measures to ensure healthy 
                indoor environments by improving indoor air quality, 
                accessibility, and other healthy home measures, as 
                determined by the Secretary;
            ``(2) to improve the capability of the eligible entity--
                    ``(A) to significantly increase the number of 
                energy retrofits performed by the eligible entity;
                    ``(B) to replicate best practices for work 
                performed under this section on a larger scale; and
                    ``(C) to leverage additional funds to sustain the 
                provision of weatherization assistance and other work 
                performed under this section after the financial 
                assistance awarded under this section is expended;
            ``(3) for innovative outreach and education regarding the 
        benefits and availability of weatherization assistance and 
        other assistance available under this section;
            ``(4) for quality control of work performed under this 
        section;
            ``(5) for data collection, measurement, and verification 
        with respect to that work;
            ``(6) for program monitoring, oversight, evaluation, and 
        reporting of that work;
            ``(7) for labor, training, and technical assistance 
        relating to that work;
            ``(8) subject to subsection (g)(2), for planning, 
        management, and administration of that work; and
            ``(9) for any other appropriate activity, as determined by 
        the Secretary.
    ``(d) Applications.--To be eligible for an award of financial 
assistance under this section, an eligible entity shall submit to the 
Secretary an application in such manner and containing such information 
as the Secretary may require.
    ``(e) Award Factors.--In awarding financial assistance under this 
section, the Secretary shall consider--
            ``(1) the record of the eligible entity, using the most 
        recent year for which data are available, in constructing, 
        renovating, repairing, and making energy efficient single-
        family, multifamily, or manufactured homes that are occupied by 
        low-income persons, either directly or through affiliates, 
        chapters, or other partners;
            ``(2) the number of dwelling units occupied by low-income 
        persons that the eligible entity has built, renovated, 
        repaired, weatherized, and made more energy efficient in the 5 
        years immediately preceding the date on which the eligible 
        entity submits an application under subsection (d);
            ``(3) the qualifications, experience, and past performance 
        of the eligible entity, including experience successfully 
        managing and administering Federal funds;
            ``(4) the strength of the proposal of the eligible entity 
        to achieve one or more of the purposes described in subsection 
        (a);
            ``(5) the extent to which the eligible entity will use 
        partnerships and regional coordination to achieve one or more 
        of the purposes described in subsection (a);
            ``(6) regional and climate zone diversity;
            ``(7) urban, suburban, and rural localities; and
            ``(8) any other appropriate factor, as determined by the 
        Secretary.
    ``(f) First Award.--Subject to the availability of appropriations, 
not later than 270 days after the date of enactment of this section, 
the Secretary shall make a first award of financial assistance under 
this section.
    ``(g) Amount and Term.--
            ``(1) Maximum amount.--The total amount of financial 
        assistance awarded to an eligible entity under this section 
        shall not exceed $2,000,000.
            ``(2) Planning, management, and administration.--Of the 
        amount awarded to an eligible entity under this section, not 
        more than 15 percent may be used by the eligible entity for the 
        purpose described in subsection (c)(8).
            ``(3) Technical and training assistance.--The total amount 
        of financial assistance awarded to an entity under this section 
        shall be reduced by the cost of any technical and training 
        assistance provided by the Secretary under this section that 
        relates to that financial assistance.
            ``(4) Term.--The term of an award of financial assistance 
        under this section shall not exceed 3 years.
    ``(h) Guidance.--Not later than 90 days after the date of enactment 
of this section, the Secretary shall issue guidance on implementing 
this section, which shall include, with respect to eligible entities 
awarded financial assistance under this section--
            ``(1) standards for allowable expenditures;
            ``(2) a minimum saving-to-investment ratio; and
            ``(3) standards for--
                    ``(A) training programs;
                    ``(B) energy audits;
                    ``(C) the provision of technical assistance;
                    ``(D) monitoring activities carried out using the 
                financial assistance;
                    ``(E) verification of energy and cost savings;
                    ``(F) liability insurance requirements; and
                    ``(G) recordkeeping and reporting requirements, 
                which shall include reporting to the Office of 
                Weatherization and Intergovernmental Programs of the 
                Department of Energy applicable data on each dwelling 
                unit retrofitted or otherwise assisted by the eligible 
                entity using the financial assistance.
    ``(i) Compliance With State and Local Law.--Nothing in this section 
supersedes or modifies any State or local law to the extent that the 
State or local law is more stringent than this section.
    ``(j) Review and Evaluation.--The Secretary shall review and 
evaluate the performance of each eligible entity that receives an award 
of financial assistance under this section, which may include an audit.
    ``(k) Annual Report.--The Secretary shall submit to the relevant 
committees of Congress an annual report that describes--
            ``(1) the actions taken by the Secretary and eligible 
        entities awarded financial assistance under this section to 
        achieve the purposes of this section during the year covered by 
        the report; and
            ``(2) the energy and cost savings, and any other 
        accomplishments, achieved under this section during the year 
        covered by the report.
    ``(l) Funding.--
            ``(1) In general.--Subject to paragraphs (2) and (3), for 
        each of fiscal years 2020 through 2024, of the amount 
        appropriated under section 422--
                    ``(A) if the amount is not more than $225,000,000, 
                no funds shall be used to carry out this section;
                    ``(B) if the amount is not more than $260,000,000, 
                not more than 2 percent of that amount may be used to 
                carry out this section;
                    ``(C) if the amount is not more than $300,000,000, 
                not more than 4 percent of that amount may be used to 
                carry out this section; and
                    ``(D) if the amount is more than $300,000,000, not 
                more than 6 percent of that amount may be used to carry 
                out this section.
            ``(2) Amounts excluded.--Each amount described in paragraph 
        (1) shall not include the amount made available for Department 
        of Energy headquarters training or technical assistance.
            ``(3) Maximum amount.--The maximum amount used to carry out 
        this section in each fiscal year shall not exceed 
        $25,000,000.''.
            (2) Table of contents.--The table of contents for the 
        Energy Conservation and Production Act (Public Law 94-385; 90 
        Stat. 1125) is amended by inserting after the item relating to 
        section 414C (as added by subsection (c)(3)) the following:

``Sec. 414D. Financial assistance for WAP enhancement and 
                            innovation.''.
    (e) Increase in Administrative Funds.--Section 415(a)(1) of the 
Energy Conservation and Production Act (42 U.S.C. 6865(a)(1)) is 
amended by striking ``10 percent'' and inserting ``15 percent''.
    (f) Reweatherization Date.--Section 415(c) of the Energy 
Conservation and Production Act (42 U.S.C. 6865(c)) is amended by 
striking paragraph (2) and inserting the following:
            ``(2) Further assistance.--
                    ``(A) Definition of interim service.--
                            ``(i) In general.--In this paragraph, the 
                        term `interim service' means an energy service 
                        that takes place between instances of 
                        weatherization or partial weatherization of a 
                        dwelling unit, as determined by the Secretary.
                            ``(ii) Inclusion.--In this paragraph, the 
                        term `interim service' includes--
                                    ``(I) the provision of energy 
                                information and education to assist 
                                with energy management;
                                    ``(II) an evaluation of the 
                                effectiveness of installed 
                                weatherization measures; and
                                    ``(III) the provision of services, 
                                equipment, or other measures funded by 
                                non-Federal funds, as determined by the 
                                Secretary.
                    ``(B) Further assistance.--Dwelling units 
                weatherized or partially weatherized under this part, 
                or under other Federal programs--
                            ``(i) may not receive further financial 
                        assistance for weatherization under this part 
                        until the date that is 15 years after the date 
                        on which the previous weatherization was 
                        completed; and
                            ``(ii) may receive further financial 
                        assistance for weatherization under this part 
                        for the purpose of providing an interim 
                        service.''.
    (g) Reauthorization of WAP.--Section 422 of the Energy Conservation 
and Production Act (42 U.S.C. 6872) is amended in the matter preceding 
paragraph (1) by striking ``appropriated'' and all that follows through 
``2012..'' in paragraph (5) and inserting ``appropriated $350,000,000 
for each of fiscal years 2020 through 2024.''.

SEC. 3. WAIVER STUDY.

    (a) In General.--It is the sense of Congress that, to the maximum 
extent practicable, the Secretary of Energy should coordinate with the 
Director of the Office of Management and Budget to grant waivers of 
requirements under section 200.313 of title 2, Code of Federal 
Regulations (or successor regulations), to better leverage private 
sector funds for the purposes of using funding awarded under 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.).
    (b) Study.--Not more than 180 days after the date of enactment of 
this Act, the Secretary of Energy shall submit to the relevant 
committees of Congress a report that describes--
            (1) each waiver that has been requested under subsection 
        (a); and
            (2) the determination of the Secretary and the Director of 
        the Office of Management and Budget regarding each waiver 
        requested under subsection (a).
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