[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 405 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 405

To amend the Low-Income Home Energy Assistance Act of 1981 to increase 
   the availability of heating and cooling assistance, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2023

 Mr. Markey (for himself, Ms. Warren, Mrs. Gillibrand, Mr. Blumenthal, 
  Mr. Booker, Mr. Sanders, and Mr. Padilla) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Low-Income Home Energy Assistance Act of 1981 to increase 
   the availability of heating and cooling assistance, 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 ``Heating and Cooling Relief Act''.

SEC. 2. FINDINGS.

    Congress finds that:
            (1) Energy remains unaffordable for low-income households. 
        Nationally, low-income households spend a larger portion of 
        their income on home energy costs than other households. The 
        average low-income household's energy burden is 3 times that of 
        other households. The report for the Household Pulse Survey of 
        the Bureau of the Census, issued on December 22, 2021, noted 
        that, for families with incomes of less than $35,000 a year, 
        about 51 percent said that they reduced or went without basic 
        household necessities, such as medicine or food, in order to 
        pay an energy bill, for at least one month in the last year.
            (2) The Low-Income Housing Energy Assistance Program was 
        authorized by Congress to reduce home energy burdens with 
        heating and cooling assistance. In 2019, only 16 percent of 
        income-eligible households received a subsidy under the 
        program.
            (3) Climate change is fueling increasingly intense winter 
        storms and extreme temperatures.
            (4) Heat waves are increasingly common as climate change 
        accelerates, and now occur more often in major cities across 
        the United States. The average heat wave season across 50 
        cities is approximately 47 days longer now than it was in the 
        1960s. As a result, the Federal Government should provide 
        further cooling assistance for communities in need.
            (5) The loss of home energy service due to high energy 
        burdens is one of the primary reasons for homelessness, 
        especially for families with children. In some housing 
        contexts, loss of home energy service is a grounds for 
        eviction.
            (6) The Federal Government should expand and update the 
        Low-Income Home Energy Assistance Program, as part of a robust 
        Federal social safety net, to--
                    (A) protect families against unaffordable home 
                energy bills and home energy shutoffs, by providing 
                sufficient funding and imposing regulations where 
                necessary;
                    (B) ensure all low- and moderate-income families 
                have access to affordable home cooling powered by 
                renewable energy, which will enable households to adapt 
                to rising temperatures due to climate change and 
                promote climate resiliency;
                    (C) enhance outreach--
                            (i) by including nontraditional partners, 
                        including home energy suppliers, local 
                        educational agencies, and entities carrying out 
                        other programs for low-income people, to assist 
                        with signups; and
                            (ii) by adding stronger provisions for 
                        presumed eligibility and waiving documentation 
                        requirements for eligibility; and
                    (D) further Federal efforts to weatherize housing 
                for low- and moderate-income households, to help 
                families struggling to pay their home energy bills and 
                to meet national clean energy goals.

SEC. 3. FUNDING.

    Section 2602 of the Low-Income Home Energy Assistance Act of 1981 
(42 U.S.C. 8621) is amended--
            (1) in subsection (b)--
                    (A) by striking ``section 2607A)'' and inserting 
                ``section 2604(f), 2607A, 2607B, or 2607C)''; and
                    (B) by striking ``$2,000,000,000'' and all that 
                follows and inserting ``$400,000,000,000 for the period 
                of fiscal years 2024 through 2033.'';
            (2) in subsection (e), by inserting ``, or arising, for 
        purposes of section 2604(e)(2), from a major disaster or 
        emergency, as defined in section 2604(e)(2)(A)'' before the 
        period at the end; and
            (3) by adding at the end the following:
    ``(f) There is authorized to be appropriated to carry out section 
2604(f), $1,000,000,000 for each of fiscal years 2024 through 2033.
    ``(g) There is authorized to be appropriated to carry out section 
2607C, including making grants under that section, $1,000,000,000 for 
each of fiscal years 2024 through 2033.''.

SEC. 4. DEFINITIONS.

    Section 2603 of the Low-Income Home Energy Assistance Act of 1981 
(42 U.S.C. 8622) is amended--
            (1) by redesignating paragraphs (4) through (6), (7) 
        through (10), and (11), as paragraphs (5) through (7), (9) 
        through (12), and (14), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) The term `HEAP coordinator' means an employee--
                    ``(A) who administers a program funded under 
                section 2602(b); and
                    ``(B) whose salary is paid, partly or wholly, with 
                funds made available under that section.'';
            (3) by inserting after paragraph (7), as so redesignated, 
        the following:
            ``(8) The term `local coordinating agency' means any local 
        organization or local office that receives funds under section 
        2602(b) to perform customer intake, or approval of benefits, on 
        behalf of the State agency.''; and
            (4) by inserting after paragraph (12), as so redesignated, 
        the following:
            ``(13) The term `State agency' means any State agency that 
        administers the program funded under section 2602(b).''.

SEC. 5. EMERGENCIES.

    Section 2604(e) of the Low-Income Home Energy Assistance Act of 
1981 (42 U.S.C. 8623(e)) is amended--
            (1) by striking ``(e)'' and inserting ``(e)(1)''; and
            (2) by adding at the end the following:
    ``(2)(A) In this paragraph:
            ``(i) The term `covered household' means an eligible 
        household in an area where the President, or the Secretary, as 
        the case may be, has declared a major disaster or emergency.
            ``(ii) The term `major disaster or emergency' means--
                    ``(I) a major disaster or emergency declared under 
                section 401 or 501, respectively, of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5170, 5191); or
                    ``(II) a public health emergency declared under 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247d).
    ``(B) Upon a declaration described in subparagraph (A) for an area, 
the Secretary and the Administrator of the Federal Emergency Management 
Agency shall, to the extent practicable, provide heating or cooling 
assistance to covered households in that area.
    ``(C) In particular, in the event of a major disaster or other 
emergency due to a period of extreme heat (as described in section 
2604(f)(1)) or cold in an area, the Secretary and the Administrator 
shall, to the extent practicable, provide cooling or heating assistance 
to covered households in that area.''.

SEC. 6. ADDITIONAL COOLING ASSISTANCE FOR HEAT WAVES.

    Section 2604 of the Low-Income Home Energy Assistance Act of 1981 
(42 U.S.C. 8623) is amended by adding at the end the following:
    ``(f)(1) In this subsection:
            ``(A) The term `additional cooling assistance' means 
        cooling assistance provided under this subsection.
            ``(B) The term `extreme heat' means heat that exceeds local 
        climatological norms in terms of any 1 or more of the 
        following:
                    ``(i) Duration.
                    ``(ii) Intensity.
                    ``(iii) Season length.
                    ``(iv) Frequency.
            ``(C) The term `heat' means any 1 or more of the parameters 
        associated with increasing human temperature, such as air 
        temperature, humidity, solar exposure, and low wind speed.
            ``(D) The term `heat event' means an occurrence of extreme 
        heat that may have heat-health implications.
            ``(E) The term `heat-health' means health effects to humans 
        from heat, during or outside of heat events, including from 
        vulnerability and exposure, or the risk of such effects.
    ``(2) From funds made available under section 2602(f), the 
Secretary may provide grants to eligible entities, which shall be 
States, territories, or Indian Tribes, for additional cooling 
assistance for heat events.
    ``(3) The Secretary shall determine an allocation plan for 
providing eligible entities with funding through the grants to help 
eligible households respond to heat events.
    ``(4) To receive assistance under this subsection, an eligible 
entity shall provide assurances to the Secretary that--
            ``(A) the eligible entity will not preclude a household 
        that receives heating assistance under this title during a 
        calendar year, on the basis of obtaining that assistance, from 
        receiving cooling assistance under this title during that year; 
        and
            ``(B) the eligible entity will not require a household to 
        indicate that a household member has a medical need for cooling 
        assistance under this title, to be eligible for that 
        assistance.
    ``(5) A eligible entity that receives additional cooling assistance 
may use the assistance for purposes for which cooling assistance is 
available under the program funded under section 2602(b), including for 
providing energy-efficient air conditioners, and other equipment needed 
for home cooling, to eligible households.''.

SEC. 7. ELIGIBLE HOUSEHOLDS.

    Section 2605 of the Low-Income Home Energy Assistance Act of 1981 
(42 U.S.C. 8624) is amended--
            (1) in subsection (b)(2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, subject to subsection (c)(1)(A),'' after 
                ``only'';
                    (B) in subparagraph (B), by striking ``(B)'' and 
                all that follows through clause (ii) and inserting the 
                following:
                    ``(B) households with--
                            ``(i) incomes which do not exceed the 
                        greater of--
                                    ``(I) an amount equal to 250 
                                percent of the poverty line that is 
                                defined and revised as described in 
                                section 673 of the Community Services 
                                Block Grant Act (42 U.S.C. 9902); or
                                    ``(II) an amount equal to 80 
                                percent of the State median income; or
                            ``(ii) a monthly energy burden of 3 percent 
                        or more, as averaged across the calendar year 
                        preceding the determination under this 
                        paragraph,''; and
                    (C) in the matter following subparagraph (B), by 
                inserting before the semicolon the following: ``, and 
                the State may not exclude a household from eligibility 
                on the basis of citizenship of 1 or more of the 
                household members'';
            (2) in subsection (c)(1)(A), by striking ``assistance to be 
        provided under this title, including criteria'' and inserting 
        ``assistance to be provided under this title, including--
                    ``(i) certifying that the State and local 
                coordinating agencies in the State--
                            ``(I) will allow applicants for the 
                        assistance, to the greatest extent possible, to 
                        self-attest that the applicants meet the 
                        criteria in this title for an eligible 
                        household; and
                            ``(II) will not require the applicants to 
                        submit proof of income, citizenship, or need, 
                        to establish status as an eligible household; 
                        and
                    ``(ii) describing criteria'';
            (3) in subsection (f), by adding at the end the following:
    ``(3) For purposes of section 401(c), and the remainder of title 
IV, of the Personal Responsibility and Work Opportunity Reconciliation 
Act of 1996 (8 U.S.C. 1611(a), 1601 et seq.) assistance under this 
title should not be considered to be a Federal public benefit.''; and
            (4) in subsection (j), by striking ``the State may apply'' 
        and inserting ``the State may, subject to subsection 
        (c)(1)(A)(i), apply''.

SEC. 8. CONDITIONS FOR FUNDING.

    Section 2605 of the Low-Income Home Energy Assistance Act of 1981 
(42 U.S.C. 8624) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(C), by inserting before the 
                semicolon the following: ``, using toxin-free materials 
                that do not contain asthmagens or respiratory 
                sensitizers, giving priority in the use of those funds, 
                to the greatest extent practicable, to supporting 
                emergency home repairs that foster energy efficiency, 
                decarbonization, and climate resilience, including 
                through beneficial electrification of heating and 
                cooling'';
                    (B) in paragraph (7)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end; and
                            (ii) by adding at the end the following:
                    ``(E) ensure that--
                            ``(i) the home energy supplier will not 
                        charge late fees for any payment, by a 
                        household receiving assistance through the 
                        program funded under section 2602(b), during 
                        the period beginning 6 months before and ending 
                        6 months after a date on which the supplier 
                        receives funds through the program for the 
                        household; and
                            ``(ii) if the supplier receives funds 
                        through the program for such a household and 
                        charged such late fees during that period, the 
                        supplier shall refund the fees to the household 
                        not later than 7 days after the date the 
                        supplier receives the funds;
                    ``(F) ensure that the home energy supplier will not 
                shut off home energy from a household that received 
                assistance through the program funded under section 
                2602(b), within the 1-year period beginning on the date 
                the household received the assistance;
                    ``(G) ensure that the home energy supplier, in 
                return for receiving assistance through the program 
                funded under section 2602(b)--
                            ``(i) will provide to the State data on 
                        households that have not paid their home energy 
                        bills, to enable the State and the supplier to 
                        carry out coordinated outreach concerning 
                        assistance available through the program funded 
                        under section 2602(b); and
                            ``(ii) will, when sending a notice of late 
                        payments to such households, include 
                        information on such assistance, on how to 
                        access such assistance through the HEAP 
                        program, and on eligibility criteria for the 
                        program; and
                    ``(H) ensure that the home energy supplier will, 
                not later than 2 years after the date of enactment of 
                the Heating and Cooling Relief Act, in return for 
                receiving assistance under the program funded under 
                section 2602(b) and through a partnership with the 
                State, offer percentage of income payment plans;''; and
                    (C) in paragraph (9)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``10 percent'' and 
                                inserting ``15 percent''; and
                                    (II) by striking ``and'' at the 
                                end; and
                            (ii) by adding at the end the following:
                    ``(C) in planning and administering that program, 
                the State shall use the portion of the amount described 
                in subparagraph (A), that exceeds 10 percent of the 
                funds described in subparagraph (A), to expand the 
                State program funded under section 2602(b) so that the 
                State operates the program on a year-round basis; and
                    ``(D) in planning and administering that program, 
                the State--
                            ``(i) shall make technological changes to 
                        allow, not later than 5 years after the date of 
                        enactment of the Heating and Cooling Relief 
                        Act, for online submission of applications for 
                        assistance through that program; and
                            ``(ii) shall, to the extent practicable--
                                    ``(I) conduct outreach activities, 
                                including activities to increase 
                                enrollment as described in subsection 
                                (m);
                                    ``(II) ensure that all HEAP 
                                coordinators in the State receive 
                                wages, for administration funded under 
                                section 2602(b), at not less than the 
                                greater of $15 per hour or the 
                                applicable Federal, State, or local 
                                minimum wage rate;
                                    ``(III) conduct training;
                                    ``(IV) as needed, conduct outreach 
                                relating to the program funded under 
                                section 2602(b) to rural electric 
                                cooperatives, home energy suppliers 
                                owned by a political subdivision of a 
                                State, such as a municipally owned 
                                electric utility, and home energy 
                                suppliers owned by any agency, 
                                authority, corporation, or 
                                instrumentality of a political 
                                subdivision of a State; and
                                    ``(V) explore opportunities for 
                                auto-enrollment of eligible households 
                                into the program funded under section 
                                2602(b), and in the process document 
                                any potential barriers to auto-
                                enrollment that need to be clarified or 
                                otherwise addressed at the Federal 
                                level;'';
            (2) in subsection (c)(1)--
                    (A) in subparagraph (G), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (C) by inserting after subparagraph (G) the 
                following:
            ``(H) describes how the State will expand the State program 
        funded under section 2602(b) so that the State operates the 
        program on a year-round basis in accordance with subsection 
        (b)(9)(C) and the measures the State has taken so far to carry 
        out this expansion; and''; and
            (3) by adding at the end the following:
    ``(m) The Secretary shall allow, to the greatest extent possible, 
the self-attestation, and shall not require the proof, described in 
subsection (c)(1)(A)(i).
    ``(n) The Secretary shall, by grant or contract, provide for a 
study that examines the rates of home energy shutoffs and assessments 
of late fees among eligible households, relative to those rates for 
households that are not eligible households, over a period of several 
years.
    ``(o) The Secretary shall provide technical assistance to States to 
support partnerships described in subsection (b)(7)(H).
    ``(p)(1) The Secretary, in consultation with the Secretary of 
Education, shall issue guidance for use of funds for administrative 
activities described in subsection (b)(9) to increase, through 
partnerships with elementary schools, secondary schools, and local 
educational agencies, enrollment in the program carried out with funds 
made available under section 2602(b) among eligible households that 
include children and that have high energy burdens.
    ``(2) The Secretary shall issue guidance for use by States on 
outreach relating to assistance through the program funded under 
section 2602(b) to high-risk individuals, with relevant medical 
conditions, that benefit from the use of medical equipment that 
requires electricity, including a ventilator, an oxygen concentrator, 
or another medical device.
    ``(3) The Secretary shall issue guidance for use by States on how 
to ensure that eligible households are aware of additional grants, tax 
credits, and rebates, made available under Public Law 117-169.''.

SEC. 9. WEATHERIZATION.

    Section 2605(k) of the Low-Income Home Energy Assistance Act of 
1981 (42 U.S.C. 8624(k)) is amended--
            (1) in paragraph (1), by striking ``15 percent'' and 
        inserting ``25 percent''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), in the matter preceding 
                clause (i)--
                            (i) by striking ``subparagraph (B)'' and 
                        inserting ``subparagraph (C)''; and
                            (ii) by striking ``the greater of 25 
                        percent'' and inserting ``a portion equal to 
                        the greater of 35 percent'';
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following:
    ``(B) The State--
            ``(i) shall, to the extent practicable--
                    ``(I) use the portion described in subparagraph (A) 
                for energy-related home repair that reduces dependence 
                on fossil fuel energy sources; and
                    ``(II) use the portion to facilitate the use of 
                funds made available under section 2602(b) to increase 
                the participation of eligible households in community 
                solar programs, or to otherwise increase access to and 
                ownership of distributed renewable energy 
                infrastructure among eligible households; and
            ``(ii) shall if possible give the highest priority to using 
        the portion for home repair that replaces appliances that rely 
        on fossil fuels with appliances that use electric heating or 
        cooling technology, powered by renewable energy.''.

SEC. 10. HOME ENERGY ARREARS.

    Section 2605 of the Low-Income Home Energy Assistance Act of 1981 
(42 U.S.C. 8624), as amended, is further amended by adding at the end 
the following:
    ``(q)(1) In providing assistance through the program funded under 
section 2602(b), a State, or any other person with which the State 
makes arrangements to carry out the objectives of this title, shall 
provide assistance (in addition to any other assistance available) for 
home energy arrears for any eligible household.
    ``(2) Not later than 1 year after the date of enactment of the 
Heating and Cooling Relief Act, the Secretary shall, in consultation 
with the Secretary of Energy, issue guidance on best practices for 
States (including through partnerships with home energy suppliers) to 
pay for home energy arrears with assistance provided through the 
program, including by paying for such arrears at the time of 
dissemination of that assistance.
    ``(3) To the extent practicable, the Secretary and the Secretary of 
Energy, shall jointly--
            ``(A) implement a data tracking system to collect aggregate 
        data regarding the number of eligible households in arrears and 
        their respective energy burdens and develop recommendations to 
        HEAP coordinators on how to minimize energy burdens for the 
        households; and
            ``(B) issue guidance to home energy suppliers with 
        recommendations for working with State agencies to address home 
        energy arrears of eligible households.''.

SEC. 11. PROGRAM NAME CHANGE.

    (a) LIHEAP.--The Low-Income Home Energy Assistance Act of 1981 is 
amended--
            (1) in section 2607A(b) (42 U.S.C. 8626a(b)), in the matter 
        preceding paragraph (1), by striking ``low-income'' the first 
        place it appears; and
            (2) in section 2607B(e)(2)(B)(ii) (42 
        U.S.C.8626b(e)(2)(B)(ii)), by striking ``Low-Income''.
    (b) Other Law.--A reference in any other Federal law (other than 
that Act), Executive order, rule, regulation, or delegation of 
authority, or any document, of or relating to the Low-Income Home 
Energy Assistance Program, shall be deemed to refer to the Home Energy 
Assistance Program.

SEC. 12. JUST TRANSITION GRANTS.

    The Low-Income Home Energy Assistance Act of 1981 is amended by 
inserting after section 2607B (42 U.S.C. 8626b) the following:

``SEC. 2607C. HEAP JUST TRANSITION GRANTS.

    ``(a) Grant Program.--The Secretary and the Secretary of Energy 
shall jointly carry out a grant program under this section. In carrying 
out the program, the Secretaries shall make grants to States and local 
governments to support the development and implementation of 
interagency plans to reduce energy burdens for eligible households with 
high home energy use. The plans shall promote the reduction of those 
burdens in a manner that supports a just transition away from fossil 
fuel energy and protects eligible households from the threats of 
climate change. The Secretaries shall make the grants for a period of 3 
years.
    ``(b) Preferences.--In making the grants, the Secretary shall give 
a preference to States, and local governments, who set up coordination 
systems--
            ``(1) to identify eligible households, that are recipients 
        of assistance through the program funded under section 2602(b), 
        with high home energy use;
            ``(2) to prioritize those eligible households to receive 
        emergency repair, weatherization, and retrofit assistance that 
        results in decarbonization and reductions in energy use; and
            ``(3) to partner with entities carrying out workforce 
        development initiatives, unions, or minority or women-owned 
        business enterprises to provide emergency repairs, 
        weatherization, and retrofit assistance.
    ``(c) Report to Congress.--At the conclusion of the 3-year grant 
period, the Secretaries shall--
            ``(1) conduct an evaluation of the program's outcomes; and
            ``(2) prepare and submit to Congress a report containing 
        the results of the evaluation and policy recommendations.''.
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