[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1783 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1783

  To provide emergency loans to maintain access to essential services 
         during the COVID-19 pandemic, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2021

  Mr. Merkley introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To provide emergency loans to maintain access to essential services 
         during the COVID-19 pandemic, 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 ``Maintaining Access to Essential 
Services Act of 2021''.

SEC. 2. EMERGENCY LOANS TO PUBLICLY OWNED AND NONPROFIT WATER AND 
              WASTEWATER UTILITIES.

    (a) Definitions.--In this section:
            (1) Emergency period.--The term ``emergency period'' means 
        the period that--
                    (A) begins on March 13, 2020; and
                    (B) ends on the date on which the national 
                emergency terminates under section 202 of the National 
                Emergencies Act (50 U.S.C. 1622).
            (2) Loan program.--The term ``loan program'' means the loan 
        program established by the Secretary under subsection (b).
            (3) Loan repayment date.--The term ``loan repayment date'' 
        means the date that is 2 years after the date described in 
        paragraph (1)(B).
            (4) National emergency.--The term ``national emergency'' 
        means the national emergency declared by the President under 
        the National Emergencies Act (50 U.S.C. 1601 et seq.) with 
        respect to the Coronavirus Disease 2019 (COVID-19).
            (5) Payment shortfall.--
                    (A) In general.--The term ``payment shortfall'', 
                with respect to a qualified utility, means a good faith 
                estimate of the total amount of rates and charges for 
                water service provided during the emergency period that 
                the qualified utility has not collected from 
                residential water consumers of the qualified utility, 
                as certified by the qualified utility to the Secretary 
                under subsection (g)(1).
                    (B) Exclusion.--The term ``payment shortfall'' does 
                not include any portion of the uncollected amounts 
                described in subparagraph (A) that the qualified 
                utility has sold to a third party.
            (6) Qualified utility.--The term ``qualified utility'' 
        means--
                    (A) a publicly owned or nonprofit community water 
                system (as defined in section 1401 of the Safe Drinking 
                Water Act (42 U.S.C. 300f)); and
                    (B) a publicly owned treatment works (as defined in 
                section 212 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1292)).
            (7) Residential water consumer.--The term ``residential 
        water consumer'' means a household that serves as a principal 
        residence to which water services are provided for any purpose 
        other than resale.
            (8) Secretary.--The term ``Secretary'' means Secretary of 
        the Treasury.
            (9) Water service.--The term ``water service'' means the 
        treatment and provision of drinking water, the collection and 
        treatment of wastewater, or stormwater management provided by a 
        qualified utility to a residential water consumer, including 
        any activities necessary to provide those services.
    (b) Establishment.--
            (1) In general.--The Secretary shall establish a loan 
        program to ensure that qualified utilities are able to continue 
        providing water service to residential water consumers during 
        the emergency period.
            (2) Requirement.--In carrying out the loan program, the 
        Secretary shall take all necessary steps, including outreach 
        and the provision of technical assistance to qualified 
        utilities, to ensure that all qualified utilities, without 
        reference to the size of the customer base of the qualified 
        utility, have a fair opportunity to apply for and obtain loans 
        under the loan program.
    (c) Loan Authorization.--The Secretary may make 1 or more loans to 
a qualified utility under the loan program, such that the total amount 
of loans provided to the qualified utility is not greater than the 
payment shortfall of the qualified utility.
    (d) Loan Repayment.--
            (1) In general.--Except as provided in paragraph (2) and 
        subsection (e), a qualified utility receiving a loan under the 
        loan program shall repay the loan in full, with accrued 
        interest, not later than the loan repayment date.
            (2) Right to call.--Notwithstanding paragraph (1) and 
        subsection (e), if the qualified utility carries out or fails 
        to carry out, as applicable, any of the following actions, a 
        loan received by the qualified utility under the loan program 
        shall be due and payable in full, with accrued interest, 90 
        days after the date on which the utility carries out or fails 
        to carry out, as applicable, that action:
                    (A) During the emergency period and after the date 
                on which the qualified utility receives the loan--
                            (i) the qualified utility charges any 
                        residential water consumer interest, late fees, 
                        or other charges or penalties associated with 
                        the late payment or nonpayment of rates or 
                        charges for the provision of water service;
                            (ii) the qualified utility discontinues 
                        water service or refuses to establish new water 
                        service to any residential water consumer of 
                        the qualified utility due to the nonpayment of 
                        rates or charges or the nonpayment of a deposit 
                        for the provision of water service;
                            (iii) the qualified utility sells any 
                        uncollected residential water consumer debt;
                            (iv) the qualified utility places, sells, 
                        or initiates the collection of a lien on the 
                        residence of a residential water consumer to 
                        collect outstanding rates or charges for water 
                        service;
                            (v) the qualified utility files an adverse 
                        report on a residential water consumer to a 
                        credit reporting agency due to the nonpayment 
                        of rates or charges for the provision of water 
                        service; or
                            (vi) the qualified utility charges a 
                        service restoration fee for the restoration of 
                        service described in subparagraph (B).
                    (B) Not later than 30 days after the date on which 
                the qualified utility receives the loan, the qualified 
                utility fails to restore (except for reasons of safety) 
                water service to all residential water consumers of the 
                qualified utility who had been disconnected due to 
                nonpayment of rates or charges for the provision of 
                water service.
    (e) Loan Forgiveness.--
            (1) In general.--Except as provided in subsection (d)(2), 
        after receipt of a certification under subsection (g)(2), the 
        Secretary shall forgive any loans provided to a qualified 
        utility under the loan program in an amount equal to the total 
        amount of the payment shortfall from the residential water 
        consumers of the qualified utility for water service provided 
        by the qualified utility to those residential water consumers 
        during the emergency period.
            (2) Requirements.--On forgiveness of a loan or a portion of 
        a loan under paragraph (1), the qualified utility shall--
                    (A) forgive all outstanding debt owed to the 
                qualified utility, including any interest charges, late 
                fees, or other charges or penalties associated with 
                late payment or the nonpayment of rates or charges for 
                the provision of water service, that results from the 
                provision of water services to residential water 
                consumers during the emergency period;
                    (B) not later than 30 days after the date on which 
                the debt described in subparagraph (A) is forgiven for 
                a residential water consumer, notify the residential 
                water consumer of the amount of that forgiveness; and
                    (C) file with the applicable State regulatory 
                commission documents demonstrating that rates and 
                charges for the provision of water service have been 
                appropriately adjusted.
    (f) Interest Rate.--A loan made under the loan program shall bear 
interest at a rate not to exceed 1 percent per year.
    (g) Borrower Requirements.--
            (1) Application.--A qualified utility seeking a loan under 
        the loan program shall submit to the Secretary an application 
        at such time, in such manner, and containing such information 
        as the Secretary may require, including--
                    (A) the amount of the loan sought by the qualified 
                utility, which shall be in an amount not greater than 
                the payment shortfall of the qualified utility; and
                    (B) a good faith certification that--
                            (i) a significant number of the residential 
                        water consumers of the qualified utility have 
                        not paid for the water service received by 
                        those residential water consumers during the 
                        emergency period;
                            (ii) the amount of the loan sought by the 
                        qualified utility is a good faith estimate of 
                        the payment shortfall of the qualified utility; 
                        and
                            (iii) a loan in the amount described in 
                        subparagraph (A) is needed to support the 
                        qualified utility in continuing to provide 
                        water service to the residential water 
                        consumers of the qualified utility during the 
                        emergency period.
            (2) Final certification.--Not earlier than 18 months after 
        the date described in subsection (a)(1)(B) and not later than 
        the loan repayment date, a qualified utility that receives a 
        loan under the loan program shall make a good faith 
        certification to the Secretary of the total amount of rates 
        that the qualified utility has not collected from the 
        residential water consumers of the qualified utility for the 
        water service provided to those residential water consumers 
        during the emergency period, excluding any such amount of 
        uncollected payments that the qualified utility has sold to a 
        third party.
            (3) Reporting requirement.--A qualified utility that 
        receives a loan under the loan program shall, for each month 
        until the month after the month of the loan repayment date or 
        the month in which the loan is forgiven under subsection (e), 
        as applicable, submit to the Secretary a report that includes--
                    (A) by ZIP Code--
                            (i) the number of residential water 
                        consumers disconnected from water service by 
                        the qualified utility due to nonpayment of 
                        rates and charges for the provision of water 
                        service;
                            (ii) the number of restorations of water 
                        service by the qualified utility of residential 
                        water consumers that had been disconnected for 
                        nonpayment of rates and charges for the 
                        provision of water service;
                            (iii) for each applicable residential water 
                        consumer, the time between--
                                    (I) the disconnection of water 
                                service by the qualified utility for 
                                nonpayment of rates and charges for the 
                                provision of water service; and
                                    (II) the restoration of that water 
                                service;
                            (iv) the average time between the 
                        disconnection and restoration described in 
                        clause (iii) for all residential water 
                        consumers disconnected during the applicable 
                        month;
                            (v) the number of residential water 
                        consumers for which the time between the 
                        disconnection and restoration described in 
                        clause (iii) exceeded 2 days;
                            (vi) the number of residential water 
                        consumers of the qualified utility that became 
                        eligible for disconnection of water service due 
                        to nonpayment of rates and charges for the 
                        provision of water service but, because of a 
                        loan received under the loan program, avoided 
                        disconnection;
                            (vii)(I) the number of residential water 
                        consumers of the qualified utility that are in 
                        arrears of payment of rates and charges for the 
                        provision of water service by the qualified 
                        utility; and
                            (II) the total amount and the range of 
                        arrearages for which all residential water 
                        consumers described in subclause (I) are in 
                        arrears;
                            (viii) the total amount for which the 
                        residential water consumers described in clause 
                        (vii)(I) have had the amounts described in that 
                        clause forgiven;
                            (ix) the number of residential water 
                        consumers that have had an arrearage described 
                        in clause (vii)(I) forgiven in full;
                            (x) a good faith estimate of the average 
                        amount per residential water consumer of the 
                        forgiveness described in clause (ix);
                            (xi) the number, if any, of residential 
                        water consumers that have had an arrearage 
                        described in clause (vii)(I) forgiven only in 
                        part;
                            (xii)(I) the number, if any, of residential 
                        water consumers for whom an arrearage described 
                        in clause (vii)(I) has been sold to a third-
                        party debt buyer; and
                            (II) the total amount of arrearages 
                        described in clause (vii)(I) that have been 
                        sold to a third-party debt buyer, if any; and
                            (xiii) data similar to the data described 
                        in clauses (i) through (xii) for the arrearages 
                        that had accrued at the beginning of the 
                        emergency period, including how much of those 
                        arrearages have been forgiven or sold, and how 
                        much of those arrearages remain; and
                    (B) a statement of whether the qualified utility 
                has carried out any of the actions described in 
                subsection (d)(2)(A) or failed to carry out any of the 
                actions described in subsection (d)(2)(B) within the 
                applicable month.
    (h) Submissions to Congress.--
            (1) Monthly reports.--Not later than 180 days after the 
        date of enactment of this Act, and every other month thereafter 
        for which funding for this section remains available, the 
        Secretary shall submit to the Committees on Appropriations, 
        Financial Services, Energy and Commerce, and Transportation and 
        Infrastructure of the House of Representatives and the 
        Committees on Appropriations, Environment and Public Works, and 
        Finance of the Senate a report that describes--
                    (A) each qualified utility that received a loan 
                under or pursuant to this section;
                    (B) the total amount of each loan provided under or 
                pursuant to this section;
                    (C) the amount forgiven under subsection (e) for 
                each loan provided under or pursuant to this section; 
                and
                    (D) a summary of the information provided by each 
                qualified utility that receives a loan under or 
                pursuant to this section under paragraphs (2) and (3) 
                of subsection (g).
            (2) Other reports.--The Secretary shall submit to the 
        Committees on Appropriations, Financial Services, Energy and 
        Commerce, and Transportation and Infrastructure of the House of 
        Representatives and the Committees on Appropriations, 
        Environment and Public Works, and Finance of the Senate a 
        report that describes the results of activities carried out 
        pursuant to this section--
                    (A) not later than 1 year after the date of 
                enactment of this Act;
                    (B) on the date on which all funds appropriated 
                under subsection (j) have been fully disbursed; and
                    (C) on the date on which all loans made under or 
                pursuant to this section have been repaid or forgiven.
    (i) Savings Clause.--Except as provided in subsection (e), nothing 
in this section affects the obligation of--
            (1) a residential water consumer to pay for water service 
        received by the residential water consumer; or
            (2) a qualified utility to make reasonable, good faith 
        efforts to collect payment for water services provided to 
        residential water consumers of the qualified utility.
    (j) Mandatory Spending.--
            (1) In general.--There is appropriated to the Secretary, 
        out of any funds in the Treasury not otherwise appropriated, 
        $9,000,000,000 to carry out this section, to remain available 
        until September 30, 2025.
            (2) Requirement.--Of the amounts made available under 
        paragraph (1) to provide loans under the loan program--
                    (A) 50 percent shall be used to provide loans to 
                qualified utilities described in subsection (a)(6)(A); 
                and
                    (B) 50 percent shall be used to provide loans to 
                qualified utilities described in subsection (a)(6)(B).

SEC. 3. EMERGENCY LOANS TO PRIVATELY-OWNED WATER UTILITIES.

    (a) Definitions.--In this section:
            (1) Emergency period.--The term ``emergency period'' means 
        the period that--
                    (A) begins on March 13, 2020; and
                    (B) ends on the date on which the national 
                emergency terminates under section 202 of the National 
                Emergencies Act (50 U.S.C. 1622).
            (2) Loan program.--The term ``loan program'' means the loan 
        program established by the Secretary under subsection (b).
            (3) Loan repayment date.--The term ``loan repayment date'' 
        means the date that is 2 years after the date described in 
        paragraph (1)(B).
            (4) National emergency.--The term ``national emergency'' 
        means the national emergency declared by the President under 
        the National Emergencies Act (50 U.S.C. 1601 et seq.) with 
        respect to the Coronavirus Disease 2019 (COVID-19).
            (5) Payment shortfall.--
                    (A) In general.--The term ``payment shortfall'', 
                with respect to a qualified utility, means a good faith 
                estimate of the total amount of rates and charges for 
                water service provided during the emergency period that 
                the qualified utility has not collected from 
                residential water consumers of the qualified utility, 
                as certified by the qualified utility to the Secretary 
                under subsection (g)(1).
                    (B) Exclusion.--The term ``payment shortfall'' does 
                not include any portion of the uncollected amounts 
                described in subparagraph (A) that the qualified 
                utility has sold to a third party.
            (6) Qualified utility.--The term ``qualified utility'' 
        means--
                    (A) a privately owned, for-profit community water 
                system (as defined in section 1401 of the Safe Drinking 
                Water Act (42 U.S.C. 300f)); and
                    (B) a privately owned, for-profit treatment works 
                (as defined in section 212 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1292)).
            (7) Residential water consumer.--The term ``residential 
        water consumer'' means a household that serves as a principal 
        residence to which water services are provided for any purpose 
        other than resale.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
            (9) Water service.--The term ``water service'' means the 
        treatment and provision of drinking water, the collection and 
        treatment of wastewater, or stormwater management provided by a 
        qualified utility to a residential water consumer, including 
        any activities necessary to provide those services.
    (b) Establishment.--
            (1) In general.--The Secretary shall establish a loan 
        program to ensure that qualified utilities are able to continue 
        providing water service to residential water consumers during 
        the emergency period.
            (2) Requirement.--In carrying out the loan program, the 
        Secretary shall take all necessary steps, including outreach 
        and the provision of technical assistance to qualified 
        utilities, to ensure that all qualified utilities, without 
        reference to the size of the customer base of the qualified 
        utility, have a fair opportunity to apply for and obtain loans 
        under the loan program.
    (c) Loan Authorization.--The Secretary may make 1 or more loans to 
a qualified utility under the loan program, such that the total amount 
of loans provided to the qualified utility is not greater than the 
payment shortfall of the qualified utility.
    (d) Loan Repayment.--
            (1) In general.--Except as provided in paragraph (2) and 
        subsection (e), a qualified utility receiving a loan under the 
        loan program shall repay the loan in full, with accrued 
        interest, not later than the loan repayment date.
            (2) Right to call.--Notwithstanding paragraph (1) and 
        subsection (e), if the qualified utility carries out or fails 
        to carry out, as applicable, any of the following actions, a 
        loan received by the qualified utility under the loan program 
        shall be due and payable in full, with accrued interest, 90 
        days after the date on which the utility carries out or fails 
        to carry out, as applicable, that action:
                    (A) During the emergency period and after the date 
                on which the qualified utility receives the loan--
                            (i) the qualified utility charges any 
                        residential water consumer interest, late fees, 
                        or other charges or penalties associated with 
                        the late payment or nonpayment of rates or 
                        charges for the provision of water service;
                            (ii) the qualified utility discontinues 
                        water service or refuses to establish new water 
                        service to any residential water consumer of 
                        the qualified utility due to the nonpayment of 
                        rates or charges or the nonpayment of a deposit 
                        for the provision of water service;
                            (iii) the qualified utility sells any 
                        uncollected residential water consumer debt;
                            (iv) the qualified utility files an adverse 
                        report on a residential water consumer to a 
                        credit reporting agency due to the nonpayment 
                        of rates or charges for the provision of water 
                        service; or
                            (v) the qualified utility charges a service 
                        restoration fee for the restoration of service 
                        described in subparagraph (B).
                    (B) Not later than 30 days after the date on which 
                the qualified utility receives the loan, the qualified 
                utility fails to restore (except for reasons of safety) 
                water service to all residential water consumers of the 
                qualified utility who had been disconnected due to 
                nonpayment of rates or charges for the provision of 
                water service.
    (e) Loan Forgiveness.--
            (1) In general.--Except as provided in subsection (d)(2), 
        after receipt of a certification under subsection (g)(2), the 
        Secretary shall forgive any loans provided to a qualified 
        utility under the loan program in an amount equal to 50 percent 
        of the total amount of the payment shortfall from the 
        residential water consumers of the qualified utility for water 
        service provided by the qualified utility to those residential 
        water consumers during the emergency period.
            (2) Requirements.--On forgiveness of a loan or a portion of 
        a loan under paragraph (1), the qualified utility shall--
                    (A) forgive all outstanding debt owed to the 
                qualified utility, including any interest charges, late 
                fees, or other charges or penalties associated with 
                late payment or the nonpayment of rates or charges for 
                the provision of water service, that results from the 
                provision of water services to residential water 
                consumers during the emergency period; and
                    (B) not later than 30 days after the date on which 
                the debt described in subparagraph (A) is forgiven for 
                a residential water consumer, notify the residential 
                water consumer of the amount of that forgiveness.
    (f) Interest Rate.--A loan made under the loan program shall bear 
interest at a rate not to exceed 1 percent per year.
    (g) Borrower Requirements.--
            (1) Application.--A qualified utility seeking a loan under 
        the loan program shall submit to the Secretary an application 
        at such time, in such manner, and containing such information 
        as the Secretary may require, including--
                    (A) the amount of the loan sought by the qualified 
                utility, which shall be in an amount not greater than 
                the payment shortfall of the qualified utility; and
                    (B) a good faith certification that--
                            (i) a significant number of the residential 
                        water consumers of the qualified utility are 
                        unable to pay for the water service received by 
                        those residential water consumers during the 
                        emergency period; and
                            (ii) the amount of the loan sought by the 
                        qualified utility is a good faith estimate of 
                        the payment shortfall of the qualified utility.
            (2) Final certification.--Not earlier than 18 months after 
        the date described in subsection (a)(1)(B) and not later than 
        the loan repayment date, a qualified utility that receives a 
        loan under the loan program shall make a good faith 
        certification to the Secretary of the total amount of rates 
        that the qualified utility has not collected from the 
        residential water consumers of the qualified utility for the 
        water service provided to those residential water consumers 
        during the emergency period, excluding any such amount of 
        uncollected payments that the qualified utility has sold to a 
        third party.
            (3) Reporting requirement.--A qualified utility that 
        receives a loan under the loan program shall, for each month 
        until the month after the month of the loan repayment date or 
        the month in which the loan is forgiven under subsection (e), 
        as applicable, submit to the Secretary a report that includes--
                    (A) by ZIP Code--
                            (i) the number of residential water 
                        consumers disconnected from water service by 
                        the qualified utility due to nonpayment of 
                        rates and charges for the provision of water 
                        service;
                            (ii) the number of restorations of water 
                        service by the qualified utility of residential 
                        water consumers that had been disconnected for 
                        nonpayment of rates and charges for the 
                        provision of water service;
                            (iii) the average time of the qualified 
                        utility between--
                                    (I) the disconnection of water 
                                service by the qualified utility for 
                                nonpayment of rates and charges for the 
                                provision of water service; and
                                    (II) the restoration of that water 
                                service;
                            (iv) the number of residential water 
                        consumers of the qualified utility that became 
                        eligible for disconnection of water service due 
                        to nonpayment of rates and charges for the 
                        provision of water service but, because of a 
                        loan received under the loan program, avoided 
                        disconnection;
                            (v)(I) the number of residential water 
                        consumers of the qualified utility that are in 
                        arrears of payment of rates and charges for the 
                        provision of water service by the qualified 
                        utility; and
                            (II) the total amount and the range of 
                        arrearages for which all residential water 
                        consumers described in subclause (I) are in 
                        arrears;
                            (vi) the total amount for which the 
                        residential water consumers described in clause 
                        (v)(I) have had the amounts described in that 
                        clause forgiven;
                            (vii) the number of residential water 
                        consumers that have had an arrearage described 
                        in clause (v)(I) forgiven in full;
                            (viii) a good faith estimate of the average 
                        amount per residential water consumer of the 
                        forgiveness described in clause (vii);
                            (ix) the number, if any, of residential 
                        water consumers that have had an arrearage 
                        described in clause (v)(I) forgiven only in 
                        part;
                            (x)(I) the number, if any, of residential 
                        water consumers for whom an arrearage described 
                        in clause (v)(I) has been sold to a third-party 
                        debt buyer; and
                            (II) the total amount of arrearages 
                        described in clause (v)(I) that have been sold 
                        to a third-party debt buyer, if any; and
                            (xi) data similar to the data described in 
                        clauses (i) through (x) for the arrearages that 
                        had accrued at the beginning of the emergency 
                        period, including how much of those arrearages 
                        have been forgiven or sold, and how much of 
                        those arrearages remain; and
                    (B) a statement of whether the qualified utility 
                has carried out any of the actions described in 
                subsection (d)(2)(A) or failed to carry out any of the 
                actions described in subsection (d)(2)(B) within the 
                applicable month.
    (h) Submissions to Congress.--
            (1) Monthly reports.--Not later than 180 days after the 
        date of enactment of this Act, and every other month thereafter 
        for which funding for this section remains available, the 
        Secretary shall submit to the Committees on Appropriations, 
        Financial Services, Energy and Commerce, and Transportation and 
        Infrastructure of the House of Representatives and the 
        Committees on Appropriations, Environment and Public Works, and 
        Finance of the Senate a report that describes--
                    (A) each qualified utility that received a loan 
                under or pursuant to this section;
                    (B) the total amount of each loan provided under or 
                pursuant to this section;
                    (C) the amount forgiven under subsection (e) for 
                each loan provided under or pursuant to this section; 
                and
                    (D) a summary of the information provided by each 
                qualified utility that receives a loan under or 
                pursuant to this section under paragraphs (2) and (3) 
                of subsection (g).
            (2) Other reports.--The Secretary shall submit to the 
        Committees on Appropriations, Financial Services, Energy and 
        Commerce, and Transportation and Infrastructure of the House of 
        Representatives and the Committees on Appropriations, 
        Environment and Public Works, and Finance of the Senate a 
        report that describes the results of activities carried out 
        pursuant to this section--
                    (A) not later than 1 year after the date of 
                enactment of this Act;
                    (B) on the date on which all funds appropriated 
                under subsection (k) have been fully disbursed; and
                    (C) on the date on which all loans made under or 
                pursuant to this section have been repaid or forgiven.
    (i) Taxability.--A loan forgiven under subsection (e) shall be 
excluded from gross income for purposes of the Internal Revenue Code of 
1986.
    (j) Savings Clause.--Except as provided in subsection (e), nothing 
in this section affects the obligation of--
            (1) a residential water consumer to pay for water service 
        received by the residential water consumer; or
            (2) a qualified utility to make reasonable, good faith 
        efforts to collect payment for water services provided to 
        residential water consumers of the qualified utility.
    (k) Mandatory Spending.--
            (1) In general.--There is appropriated to the Secretary, 
        out of any funds in the Treasury not otherwise appropriated, 
        $1,000,000,000 to carry out this section, to remain available 
        until September 30, 2025.
            (2) Requirement.--Of the amounts made available under 
        paragraph (1) to provide loans under the loan program--
                    (A) 75 percent shall be used to provide loans to 
                qualified utilities described in subsection (a)(6)(A); 
                and
                    (B) 25 percent shall be used to provide loans to 
                qualified utilities described in subsection (a)(6)(B).

SEC. 4. EMERGENCY LOANS TO MUNICIPAL AND COOPERATIVE ELECTRIC 
              UTILITIES.

    (a) Definitions.--In this section:
            (1) Electric service.--The term ``electric service'' means 
        the delivery of electric energy by a qualified utility to a 
        residential electricity consumer.
            (2) Electricity consumer.--The term ``electricity 
        consumer'' means a person to which electric energy is sold by a 
        qualified utility for any purpose other than resale.
            (3) Emergency period.--The term ``emergency period'' means 
        the period that--
                    (A) begins on March 13, 2020; and
                    (B) ends on the date on which the national 
                emergency terminates under section 202 of the National 
                Emergencies Act (50 U.S.C. 1622).
            (4) Loan program.--The term ``loan program'' means the loan 
        program established by the Secretary under subsection (b).
            (5) Loan repayment date.--The term ``loan repayment date'' 
        means the date that is 2 years after the date described in 
        paragraph (3)(B).
            (6) National emergency.--The term ``national emergency'' 
        means the national emergency declared by the President in 
        response to the coronavirus disease on March 13, 2020 
        (Proclamation 9994, 85 Fed. Reg. 15337 (Mar. 18, 2020)).
            (7) Payment shortfall.--The term ``payment shortfall'', 
        with respect to a qualified utility, means a good faith 
        estimate of the total amount of rates and charges (including 
        interest and fees) for electric service provided during the 
        emergency period that the qualified utility is unable to 
        collect from all residential electricity consumers of the 
        qualified utility, as certified by the qualified utility to the 
        Secretary under subsection (g)(1).
            (8) Qualified utility.--The term ``qualified utility'' 
        means--
                    (A) an electric cooperative (as defined in section 
                3 of the Federal Power Act (16 U.S.C. 796)); and
                    (B) an agency, authority, or instrumentality of a 
                State or political subdivision of a State that sells 
                electric energy to residential electricity consumers.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Establishment.--The Secretary shall establish a loan program to 
ensure that qualified utilities are able to continue providing electric 
service to residential electricity consumers during the emergency 
period.
    (c) Loan Authorization.--The Secretary may make 1 or more loans to 
a qualified utility under the loan program, such that the total amount 
of loans provided to the qualified utility is not more than the payment 
shortfall of the qualified utility.
    (d) Loan Repayment.--
            (1) In general.--Except as provided in paragraph (2) and 
        subsection (e), a qualified utility receiving a loan under the 
        loan program shall repay the loan in full, with accrued 
        interest, not later than the loan repayment date.
            (2) Right to call.--Notwithstanding paragraph (1) and 
        subsection (e), if, during the emergency period and after the 
        date on which a qualified utility receives a loan under the 
        loan program, the qualified utility discontinues electric 
        service to the residential electricity consumers of the 
        qualified utility due to nonpayment of rates and charges for 
        the provision of electric service, the loan shall be due and 
        payable in full, with accrued interest, 90 days after the date 
        on which the qualified utility discontinues that electric 
        service.
    (e) Loan Forgiveness.--Except as provided in subsection (d)(2), the 
Secretary shall forgive any loans provided to a qualified utility under 
the loan program in an amount equal to the total amount of payments the 
qualified utility was unable to collect from the residential 
electricity consumers of the qualified utility for electric service 
provided by the qualified utility to those residential electricity 
consumers during the emergency period.
    (f) Interest Rate.--A loan made under the loan program shall bear 
interest at a rate not to exceed 1 percent per year.
    (g) Borrower Requirements.--
            (1) Application.--A qualified utility seeking a loan under 
        the loan program shall submit to the Secretary an application 
        at such time, in such manner, and containing such information 
        as the Secretary may require, including--
                    (A) the amount of the loan sought by the qualified 
                utility, which shall be in an amount equal to the 
                payment shortfall of the qualified utility; and
                    (B) a good faith certification that--
                            (i) a significant number of the residential 
                        electricity consumers of the qualified utility 
                        are unable to pay for the electric service 
                        received by those residential electricity 
                        consumers during the emergency period;
                            (ii) the amount of the loan sought by the 
                        qualified utility is a good faith estimate of 
                        the payment shortfall of the qualified utility; 
                        and
                            (iii) a loan in the amount described in 
                        subparagraph (A) is needed to support the 
                        qualified utility in continuing to provide 
                        electric service to the residential electricity 
                        consumers of the qualified utility during the 
                        emergency period.
            (2) Final certification.--Not earlier than the date 
        described in subsection (a)(3)(B) and not later than the loan 
        repayment date, a qualified utility that receives a loan under 
        the loan program shall make a good faith certification to the 
        Secretary of the total amount of rates and charges (including 
        interest and fees) that the qualified utility has been unable 
        to recover from the residential electricity consumers of the 
        qualified utility for the electric service provided to those 
        residential electricity consumers during the emergency period.
    (h) Taxability.--A loan forgiven under subsection (e) shall be 
excluded from gross income for purposes of the Internal Revenue Code of 
1986.
    (i) Savings Clause.--Except as provided in subsection (e), nothing 
in this section affects the obligation of--
            (1) an electricity consumer to pay for electric service 
        received by the electricity consumer; or
            (2) a qualified utility to make reasonable, good faith 
        efforts to collect payment for electric service provided to 
        electricity consumers of the qualified utility.
    (j) Mandatory Spending.--
            (1) In general.--There is appropriated to the Secretary, 
        out of any funds in the Treasury not otherwise appropriated, 
        $4,000,000,000 to carry out this section, to remain available 
        until September 30, 2025.
            (2) Requirement.--Of the amounts made available under 
        paragraph (1) to provide loans under the loan program--
                    (A) 50 percent shall be used to provide loans to 
                qualified utilities described in subsection (a)(8)(A); 
                and
                    (B) 50 percent shall be used to provide loans to 
                qualified utilities described in subsection (a)(8)(B).

SEC. 5. EMERGENCY LOANS TO INVESTOR-OWNED ENERGY UTILITIES.

    (a) Definitions.--In this section:
            (1) Emergency period.--The term ``emergency period'' means 
        the period that--
                    (A) begins on March 13, 2020; and
                    (B) ends on the date on which the national 
                emergency terminates under section 202 of the National 
                Emergencies Act (50 U.S.C. 1622).
            (2) Energy consumer.--The term ``energy consumer'' means a 
        person to which electric energy, natural gas, or propane is 
        sold by a qualified utility for any purpose other than resale.
            (3) Energy service.--The term ``energy service'' means the 
        delivery of electric energy, natural gas, or propane by a 
        qualified utility to a residential energy consumer.
            (4) Interest, late fees, or other charges.--The term 
        ``interest, late fees, or other charges'', with respect to the 
        provision of energy service to a residential energy consumer, 
        includes--
                    (A) any late fee charged by a qualified utility 
                with respect to the payment or nonpayment of rates;
                    (B) any other fee charged by a qualified utility 
                that is associated with--
                            (i) the payment or nonpayment of rates; or
                            (ii) the connection, disconnection, or 
                        reconnection of a residential energy consumer; 
                        and
                    (C) any interest charged by a qualified utility to 
                a residential energy consumer.
            (5) Loan program.--The term ``loan program'' means the loan 
        program established by the Secretary under subsection (b).
            (6) Loan repayment date.--The term ``loan repayment date'' 
        means the date that is 2 years after the date described in 
        paragraph (1)(B).
            (7) National emergency.--The term ``national emergency'' 
        means the national emergency declared by the President in 
        response to the coronavirus disease on March 13, 2020 
        (Proclamation 9994, 85 Fed. Reg. 15337 (Mar. 18, 2020)).
            (8) Payment shortfall.--The term ``payment shortfall'', 
        with respect to a qualified utility, means a good faith 
        estimate of the total amount of rates for energy service 
        provided during the emergency period that the qualified utility 
        is unable to collect from all residential energy consumers of 
        the qualified utility, as certified by the qualified utility to 
        the Secretary under subsection (g)(1).
            (9) Qualified utility.--The term ``qualified utility'' 
        means an investor-owned--
                    (A) electric utility;
                    (B) gas utility; or
                    (C) utility that sells and delivers propane to 
                energy consumers.
            (10) Rate.--
                    (A) In general.--The term ``rate'', with respect to 
                the provision of energy service to a residential energy 
                consumer, means the amount charged by a qualified 
                utility for that energy service.
                    (B) Exclusions.--The term ``rate'' does not 
                include--
                            (i) any late fee charged by a qualified 
                        utility with respect to the payment or 
                        nonpayment of an amount described in 
                        subparagraph (A);
                            (ii) any other fee charged by a qualified 
                        utility that is associated with--
                                    (I) the payment or nonpayment of an 
                                amount described in that subparagraph; 
                                or
                                    (II) the connection, disconnection, 
                                or reconnection of a residential energy 
                                consumer; or
                            (iii) any interest charged by a qualified 
                        utility to a residential energy consumer, 
                        including any interest on--
                                    (I) a fee described in clause (i) 
                                or (ii); or
                                    (II) an amount described in 
                                subparagraph (A).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
    (b) Establishment.--The Secretary shall establish a loan program to 
ensure that qualified utilities are able to continue providing energy 
service to residential energy consumers during the emergency period.
    (c) Loan Authorization.--The Secretary may make 1 or more loans to 
a qualified utility under the loan program, such that the total amount 
of loans provided to the qualified utility is not more than the payment 
shortfall of the qualified utility.
    (d) Loan Repayment.--
            (1) In general.--Except as provided in paragraph (2) and 
        subsection (e), a qualified utility receiving a loan under the 
        loan program shall repay the loan in full, with accrued 
        interest, not later than the loan repayment date.
            (2) Right to call.--Notwithstanding paragraph (1) and 
        subsection (e), if, during the emergency period and after the 
        date on which a qualified utility receives a loan under the 
        loan program, the qualified utility charges residential energy 
        consumers interest, late fees, or other charges, does not 
        reconnect all residential energy consumers who have been 
        disconnected for nonpayment of rates or interest, late fees, or 
        other charges by the date that is 30 days after the date on 
        which the loan is made, or discontinues energy service to a 
        residential energy consumer due to nonpayment of rates or 
        interest, late fees, or other charges, the loan shall be due 
        and payable in full, with accrued interest, 90 days after, as 
        applicable--
                    (A) the date on which the qualified utility first 
                charged residential energy consumers interest, late 
                fees, or other charges after receiving the loan;
                    (B) the deadline by which to reconnect all 
                residential energy consumers under this paragraph; or
                    (C) the first date after receipt of the loan on 
                which the qualified utility disconnected a residential 
                energy consumer.
    (e) Loan Forgiveness.--
            (1) In general.--Except as provided in subsection (d)(2), 
        after receiving from a qualified utility the final 
        certification described in subsection (g)(2), the Secretary 
        shall forgive any loans provided to that qualified utility 
        under the loan program in an amount equal to 50 percent of the 
        total amount of rates the qualified utility was unable to 
        collect from the residential energy consumers of the qualified 
        utility for energy service provided by the qualified utility to 
        those residential energy consumers during the emergency period.
            (2) Requirement.--On forgiveness of a loan or a portion of 
        a loan under paragraph (1), the qualified utility shall forgive 
        all outstanding debt owed to the qualified utility that results 
        from the provision of energy service to residential energy 
        consumers during the emergency period.
    (f) Interest Rate.--A loan made under the loan program shall bear 
interest at a rate not to exceed 1 percent per year.
    (g) Borrower Requirements.--
            (1) Application.--A qualified utility seeking a loan under 
        the loan program shall submit to the Secretary an application 
        at such time, in such manner, and containing such information 
        as the Secretary may require, including--
                    (A) the amount of the loan sought by the qualified 
                utility, which shall be in an amount equal to the 
                payment shortfall of the qualified utility; and
                    (B) a good faith certification that--
                            (i) a significant number of the residential 
                        energy consumers of the qualified utility are 
                        unable to pay for the energy service received 
                        by those residential energy consumers during 
                        the emergency period; and
                            (ii) the amount of the loan sought by the 
                        qualified utility is a good faith estimate of 
                        the payment shortfall of the qualified utility.
            (2) Final certification.--Not earlier than the date that is 
        18 months after the date described in subsection (a)(1)(B) and 
        not later than the loan repayment date, a qualified utility 
        that receives a loan under the loan program shall make a good 
        faith certification to the Secretary of the amount of rates 
        that the qualified utility has not recovered from the 
        residential energy consumers of the qualified utility for the 
        energy service provided to those residential energy consumers 
        during the emergency period.
            (3) Reporting requirements.--A qualified utility that 
        receives a loan under the loan program shall submit to the 
        Secretary a monthly report describing--
                    (A) the number of residential energy consumers 
                disconnected by the qualified utility for nonpayment;
                    (B) the number of service restorations to 
                residential energy consumers disconnected for 
                nonpayment;
                    (C) the average time between service disconnection 
                for nonpayment and service restoration;
                    (D) the number of residential energy consumers that 
                became eligible for disconnection for nonpayment but 
                avoided disconnection because of a loan under the loan 
                program;
                    (E) the number of residential energy consumers in 
                arrears and the total dollar amount of arrears for 
                residential energy consumers of the qualified utility; 
                and
                    (F) the amount of arrears forgiven by the qualified 
                utility with respect to residential energy consumers.
    (h) Taxability.--A loan forgiven under subsection (e) shall be 
excluded from gross income for purposes of the Internal Revenue Code of 
1986.
    (i) Savings Clause.--Except as provided in subsection (e), nothing 
in this section affects the obligation of--
            (1) an energy consumer to pay for energy service received 
        by the energy consumer; or
            (2) a qualified utility to make reasonable, good faith 
        efforts to collect payment for energy service provided to 
        energy consumers of the qualified utility.
    (j) Mandatory Spending.--There is appropriated to the Secretary, 
out of any funds in the Treasury not otherwise appropriated, 
$6,000,000,000 to carry out this section, to remain available until 
September 30, 2025.

SEC. 6. EMERGENCY LOANS TO INTERNET SERVICE PROVIDERS.

    (a) Definitions.--In this section:
            (1) Covered loan.--The term ``covered loan'' means a loan 
        made by the Secretary to an internet service provider under the 
        program established under subsection (c).
            (2) Internet consumer.--The term ``internet consumer'' 
        means a household to which internet service is provided.
            (3) Emergency period.--The term ``emergency period'' means 
        the period during which the national emergency declaration by 
        the President under the National Emergencies Act (50 U.S.C. 
        1601 et seq.) with respect to the Coronavirus Disease 2019 
        (COVID-19) is in effect.
            (4) Large internet service provider.--The term ``large 
        internet service provider'' means an internet service provider 
        that provides internet service to not fewer than 250,000 
        customers.
            (5) Loan repayment date.--The term ``loan repayment date'' 
        means the date that is 2 years after the last day of the 
        emergency period.
            (6) Payment shortfall.--The term ``payment shortfall'' 
        means the total amount of rates and charges for internet 
        service provided by an internet service provider during the 
        emergency period that the provider is unable to recover from 
        internet consumers.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
            (8) Small internet service provider.--The term ``small 
        internet service provider'' means an internet service provider 
        that provides internet service to fewer than 250,000 customers.
    (b) Establishment of Loan Program.--The Secretary shall establish a 
loan program in accordance with this section to ensure that internet 
service providers are able to continue providing internet service to 
their internet consumers during the emergency period.
    (c) Loan Authorization.--The Secretary may make 1 or more loans to 
an internet service provider under this section in a total amount equal 
to the payment shortfall of the internet service provider, based on a 
good-faith estimate of the payment shortfall made by the provider when 
applying for the loan.
    (d) Loan Repayment.--
            (1) In general.--Except as provided in paragraph (2) and 
        subsections (e) and (f), not later than the loan repayment 
        date, an internet service provider receiving a covered loan 
        shall repay the covered loan in full, with accrued interest.
            (2) Extension if forgiveness amount pending.--It shall not 
        be considered a violation of paragraph (1) if an internet 
        service provider--
                    (A) submits a final certification under subsection 
                (h)(2) on or before the loan repayment date;
                    (B) is unable to meet the deadline under paragraph 
                (1) of this subsection because the internet service 
                provider is waiting for the Secretary to calculate the 
                amount of the covered loan that will be forgiven; and
                    (C) pays the final balance owed on the covered loan 
                within a reasonable amount of time, as determined by 
                the Secretary, after the Secretary forgives the covered 
                loan (in whole or in part) under subsection (e)(1).
    (e) Loan Forgiveness.--
            (1) Forgiveness of covered loans.--
                    (A) In general.--Except as provided in subsection 
                (f), after receiving a final certification from an 
                internet service provider under subsection (h)(2), the 
                Secretary shall forgive--
                            (i) the portion of the total amount of 
                        covered loans made to the internet service 
                        provider that is equal to the applicable 
                        amount; and
                            (ii) the interest accrued on the forgiven 
                        amount described in clause (i).
                    (B) Applicable amount.--For purposes of this 
                paragraph, the term ``applicable amount''--
                            (i) with respect to a small internet 
                        service provider, means the payment shortfall; 
                        and
                            (ii) with respect to a large internet 
                        service provider, means one-half of the payment 
                        shortfall.
            (2) Forgiveness of customer debt.--Upon forgiveness of the 
        covered loans (in whole or in part) made to an internet service 
        provider under paragraph (1), the internet service provider 
        shall forgive all outstanding debt of the internet consumers of 
        the internet service provider relating to internet service 
        provided during the emergency period.
    (f) Right to Call.--If, after receipt of a covered loan, an 
internet service provider discontinues internet service to an internet 
consumer for nonpayment of a bill during the emergency period, the 
covered loan shall be due and payable in full to the Secretary, with 
accrued interest, not later than 90 days after the date of 
discontinuance.
    (g) Interest Rate.--A covered loan shall bear interest at a rate of 
not more than 1 percent per year.
    (h) Borrower Requirements.--
            (1) Initial certification.--In applying for a covered loan, 
        an internet service provider shall certify to the Secretary 
        that--
                    (A) a significant number of its internet consumers 
                are unable to pay for internet service during the 
                national emergency; and
                    (B) the amount of the covered loan requested is a 
                good faith estimate of the payment shortfall of the 
                internet service provider.
            (2) Final certification.--Not earlier than 18 months after 
        the last day of the emergency period, and not later than the 
        loan repayment date, an internet service provider that receives 
        a covered loan shall certify to the Secretary the amount of the 
        payment shortfall.
    (i) Taxability.--For purposes of the Internal Revenue Code of 1986, 
any amount that (but for this subsection) would be included in the 
gross income of an internet service provider by reason of forgiveness 
under subsection (e)(1) shall be excluded from gross income.
    (j) Savings Clause.--Except as provided in subsection (e), nothing 
in this section shall be construed to relieve--
            (1) an internet consumer from paying for internet service 
        provided to the internet consumer; or
            (2) an internet service provider from making reasonable, 
        good faith efforts to collect payment for internet service from 
        its internet consumers.
    (k) Direct Appropriation.--Out of any funds in the Treasury not 
otherwise appropriated, there is appropriated to the Secretary to carry 
out this section $10,000,000,000 for fiscal year 2021, to remain 
available through September 30, 2025, of which--
            (1) $4,000,000,000 shall be for covered loans to small 
        internet service providers; and
            (2) $6,000,000,000 shall be for covered loans to large 
        internet service providers.
                                 <all>