[Congressional Record Volume 161, Number 11 (Thursday, January 22, 2015)]
[Senate]
[Pages S436-S438]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 118. Mr. COONS (for himself, Ms. Collins, Mr. Reed, and Mrs.
Shaheen) submitted an amendment intended to be proposed to amendment SA
2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr.
Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr.
Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1,
to approve the Keystone XL Pipeline; which was ordered to lie on the
table; as follows:
[[Page S437]]
At the appropriate place, insert the following:
TITLE __--WEATHERIZATION ENHANCEMENT AND LOCAL ENERGY EFFICIENCY
INVESTMENT AND ACCOUNTABILITY
SEC. _01. FINDINGS.
Congress finds that--
(1) the State energy program established under part D of
title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.) (referred to in this section as ``SEP'')
and the Weatherization Assistance Program for Low-Income
Persons established under part A of title IV of the Energy
Conservation and Production Act (42 U.S.C. 6861 et seq.)
(referred to in this section as ``WAP'') have proven to be
beneficial, long-term partnerships among Federal, State, and
local partners;
(2) the SEP and the WAP have been reauthorized on a
bipartisan basis over many years to address changing
national, regional, and State circumstances and needs,
especially through--
(A) the Energy Policy and Conservation Act (42 U.S.C. 6201
et seq.);
(B) the Energy Conservation and Production Act (42 U.S.C.
6801 et seq.);
(C) the State Energy Efficiency Programs Improvement Act of
1990 (Public Law 101-440; 104 Stat. 1006);
(D) the Energy Policy Act of 1992 (42 U.S.C. 13201 et
seq.);
(E) the Energy Policy Act of 2005 (42 U.S.C. 15801 et
seq.); and
(F) the Energy Independence and Security Act of 2007 (42
U.S.C. 17001 et seq.);
(3) the SEP, also known as the ``State energy conservation
program''--
(A) was first created in 1975 to implement a State-based,
national program in support of energy efficiency, renewable
energy, economic development, energy emergency preparedness,
and energy policy; and
(B) has come to operate in every sector of the economy in
support of the private sector to improve productivity and has
dramatically reduced the cost of government through energy
savings at the State and local levels;
(4) Federal laboratory studies have concluded that, for
every Federal dollar invested through the SEP, more than $7
is saved in energy costs and almost $11 in non-Federal funds
is leveraged;
(5) the WAP--
(A) was first created in 1976 to assist low-income families
in response to the first oil embargo;
(B) has become the largest residential energy conservation
program in the United States, with more than 7,100,000 homes
weatherized since the WAP was created;
(C) saves an estimated 35 percent of consumption in the
typical weatherized home, yielding average annual savings of
$437 per year in home energy costs;
(D) has created thousands of jobs in both the construction
sector and in the supply chain of materials suppliers,
vendors, and manufacturers who supply the WAP;
(E) returns $2.51 in energy savings for every Federal
dollar spent in energy and nonenergy benefits over the life
of weatherized homes;
(F) serves as a foundation for residential energy
efficiency retrofit standards, technical skills, and
workforce training for the emerging broader market and
reduces residential and power plant emissions of carbon
dioxide by 2.65 metric tons each year per home; and
(G) has decreased national energy consumption by the
equivalent of 24,100,000 barrels of oil annually;
(6) the WAP can be enhanced with the addition of a targeted
portion of the Federal funds through an innovative program
that supports projects performed by qualified nonprofit
organizations that have a demonstrated capacity to build,
renovate, repair, or improve the energy efficiency of a
significant number of low-income homes, building on the
success of the existing program without replacing the
existing WAP network or creating a separate delivery
mechanism for basic WAP services;
(7) the WAP has increased energy efficiency opportunities
by promoting new, competitive public-private sector models of
retrofitting low-income homes through new Federal
partnerships;
(8) improved monitoring and reporting of the work product
of the WAP has yielded benefits, and expanding independent
verification of efficiency work will support the long-term
goals of the WAP;
(9) reports of the Government Accountability Office in
2011, the Inspector General of the Department of Energy, and
State auditors have identified State-level deficiencies in
monitoring efforts that can be addressed in a manner that
will ensure that WAP funds are used more effectively;
(10) through the history of the WAP, the WAP has evolved
with improvements in efficiency technology, including, in the
1990s, many States adopting advanced home energy audits,
which has led to great returns on investment; and
(11) as the home energy efficiency industry has become more
performance-based, the WAP should continue to use those
advances in technology and the professional workforce
SEC. _02. WEATHERIZATION ASSISTANCE PROGRAM.
(a) Reauthorization of Weatherization Assistance Program.--
Section 422 of the Energy Conservation and Production Act (42
U.S.C. 6872) is amended by striking ``appropriated--'' and
all that follows through the period at the end and inserting
``appropriated $450,000,000 for each of fiscal years 2016
through 2020.''.
(b) Grants for New, Self-Sustaining Low-Income, Single-
Family and MultiFamily Housing Energy Retrofit Model Programs
to Eligible Multistate Housing and Energy Nonprofit
Organizations.--The Energy Conservation and Production Act is
amended by inserting after section 414B (42 U.S.C. 6864b) the
following:
``SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME,
SINGLE-FAMILY AND MULTIFAMILY HOUSING ENERGY
RETROFIT MODEL PROGRAMS TO ELIGIBLE MULTISTATE
HOUSING AND ENERGY NONPROFIT ORGANIZATIONS.
``(a) Purposes.--The purposes of this section are--
``(1) to expand the number of low-income, single-family and
multifamily homes that receive energy efficiency retrofits;
``(2) to promote innovation and new models of retrofitting
low-income homes through new Federal partnerships with
covered organizations that leverage substantial donations,
donated materials, volunteer labor, homeowner labor equity,
and other private sector resources;
``(3) to assist the covered organizations in demonstrating,
evaluating, improving, and replicating widely the model low-
income energy retrofit programs of the covered organizations;
and
``(4) to ensure that the covered organizations make the
energy retrofit programs of the covered organizations self-
sustaining by the time grant funds have been expended.
``(b) Definitions.--In this section:
``(1) Covered organization.--The term `covered
organization' means an organization that--
``(A) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under 501(a) of
that Code; and
``(B) has an established record of constructing,
renovating, repairing, or making energy efficient a total of
not less than 250 owner-occupied, single-family or
multifamily homes per year for low-income households, either
directly or through affiliates, chapters, or other direct
partners (using the most recent year for which data are
available).
``(2) Low-income.--The term `low-income' means an income
level that is not more than 200 percent of the poverty level
(as determined in accordance with criteria established by the
Director of the Office of Management and Budget) applicable
to a family of the size involved, except that the Secretary
may establish a higher or lower level if the Secretary
determines that a higher or lower level is necessary to carry
out this section.
``(3) Weatherization assistance program for low-income
persons.--The term `Weatherization Assistance Program for
Low-Income Persons' means the program established under this
part (including part 440 of title 10, Code of Federal
Regulations, or successor regulations).
``(c) Competitive Grant Program.--The Secretary shall make
grants to covered organizations through a national
competitive process for use in accordance with this section.
``(d) Award Factors.--In making grants under this section,
the Secretary shall consider--
``(1) the number of low-income homes the applicant--
``(A) has built, renovated, repaired, or made more energy
efficient as of the date of the application; and
``(B) can reasonably be projected to build, renovate,
repair, or make energy efficient during the 10-year period
beginning on the date of the application;
``(2) the qualifications, experience, and past performance
of the applicant, including experience successfully managing
and administering Federal funds;
``(3) the number and diversity of States and climates in
which the applicant works as of the date of the application;
``(4) the amount of non-Federal funds, donated or
discounted materials, discounted or volunteer skilled labor,
volunteer unskilled labor, homeowner labor equity, and other
resources the applicant will provide;
``(5) the extent to which the applicant could successfully
replicate the energy retrofit program of the applicant and
sustain the program after the grant funds have been expended;
``(6) regional diversity;
``(7) urban, suburban, and rural localities; and
``(8) such other factors as the Secretary determines to be
appropriate.
``(e) Applications.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall request
proposals from covered organizations.
``(2) Administration.--To be eligible to receive a grant
under this section, an applicant shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Awards.--Not later than 90 days after the date of
issuance of a request for proposals, the Secretary shall
award grants under this section.
``(f) Eligible Uses of Grant Funds.--A grant under this
section may be used for--
[[Page S438]]
``(1) energy efficiency audits, cost-effective retrofit,
and related activities in different climatic regions of the
United States;
``(2) energy efficiency materials and supplies;
``(3) organizational capacity--
``(A) to significantly increase the number of energy
retrofits;
``(B) to replicate an energy retrofit program in other
States; and
``(C) to ensure that the program is self-sustaining after
the Federal grant funds are expended;
``(4) energy efficiency, audit and retrofit training, and
ongoing technical assistance;
``(5) information to homeowners on proper maintenance and
energy savings behaviors;
``(6) quality control and improvement;
``(7) data collection, measurement, and verification;
``(8) program monitoring, oversight, evaluation, and
reporting;
``(9) management and administration (up to a maximum of 10
percent of the total grant);
``(10) labor and training activities; and
``(11) such other activities as the Secretary determines to
be appropriate.
``(g) Maximum Amount.--The amount of a grant provided under
this section shall not exceed--
``(1) if the amount made available to carry out this
section for a fiscal year is $225,000,000 or more,
$5,000,000; and
``(2) if the amount made available to carry out this
section for a fiscal year is less than $225,000,000,
$1,500,000.
``(h) Guidelines.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall issue
guidelines to implement the grant program established under
this section.
``(2) Administration.--The guidelines--
``(A) shall not apply to the Weatherization Assistance
Program for Low-Income Persons, in whole or major part; but
``(B) may rely on applicable provisions of law governing
the Weatherization Assistance Program for Low-Income Persons
to establish--
``(i) standards for allowable expenditures;
``(ii) a minimum savings-to-investment ratio;
``(iii) standards--
``(I) to carry out training programs;
``(II) to conduct energy audits and program activities;
``(III) to provide technical assistance;
``(IV) to monitor program activities; and
``(V) to verify energy and cost savings;
``(iv) liability insurance requirements; and
``(v) recordkeeping requirements, which shall include
reporting to the Office of Weatherization and
Intergovernmental Programs of the Department of Energy
applicable data on each home retrofitted.
``(i) Review and Evaluation.--The Secretary shall review
and evaluate the performance of any covered organization that
receives a grant under this section (which may include an
audit), as determined by the Secretary.
``(j) Compliance With State and Local Law.--Nothing in this
section or any program carried out using a grant provided
under this section supersedes or otherwise affects any State
or local law, to the extent that the State or local law
contains a requirement that is more stringent than the
applicable requirement of this section.
``(k) Annual Reports.--The Secretary shall submit to
Congress annual reports that provide--
``(1) findings;
``(2) a description of energy and cost savings achieved and
actions taken under this section; and
``(3) any recommendations for further action.
``(l) Funding.--Of the amount of funds that are made
available to carry out the Weatherization Assistance Program
for each of fiscal years 2016 through 2020 under section 422,
the Secretary shall use to carry out this section for each of
fiscal years 2016 through 2020--
``(1) 2 percent of the amount if the amount is less than
$225,000,000;
``(2) 5 percent of the amount if the amount is $225,000,000
or more but less than $260,000,000;
``(3) 10 percent of the amount if the amount is
$260,000,000 or more but less than $400,000,000; and
``(4) 20 percent of the amount if the amount is
$400,000,000 or more.''.
(c) Standards Program.--Section 415 of the Energy
Conservation and Production Act (42 U.S.C. 6865) is amended
by adding at the end the following:
``(f) Standards Program.--
``(1) Contractor qualification.--Effective beginning
January 1, 2016, to be eligible to carry out weatherization
using funds made available under this part, a contractor
shall be selected through a competitive bidding process and
be--
``(A) accredited by the Building Performance Institute;
``(B) an Energy Smart Home Performance Team accredited
under the Residential Energy Services Network; or
``(C) accredited by an equivalent accreditation or program
accreditation-based State certification program approved by
the Secretary.
``(2) Grants for energy retrofit model programs.--
``(A) In general.--To be eligible to receive a grant under
section 414C, a covered organization (as defined in section
414C(b)) shall use a crew chief who--
``(i) is certified or accredited in accordance with
paragraph (1); and
``(ii) supervises the work performed with grant funds.
``(B) Volunteer labor.--A volunteer who performs work for a
covered organization that receives a grant under section 414C
shall not be required to be certified under this subsection
if the volunteer is not directly installing or repairing
mechanical equipment or other items that require skilled
labor.
``(C) Training.--The Secretary shall use training and
technical assistance funds available to the Secretary to
assist covered organizations under section 414C in providing
training to obtain certification required under this
subsection, including provisional or temporary certification.
``(3) Minimum efficiency standards.--Effective beginning
October 1, 2016, the Secretary shall ensure that--
``(A) each retrofit for which weatherization assistance is
provided under this part meets minimum efficiency and quality
of work standards established by the Secretary after
weatherization of a dwelling unit; and
``(B) at least 10 percent of the dwelling units are
randomly inspected by a third party accredited under this
subsection to ensure compliance with the minimum efficiency
and quality of work standards established under subparagraph
(A); and
``(C) the standards established under this subsection meet
or exceed the industry standards for home performance work
that are in effect on the date of enactment of this
subsection, as determined by the Secretary.''.
SEC. _03. STATE ENERGY PROGRAM.
Section 365(f) of the Energy Policy and Conservation Act
(42 U.S.C. 6325(f)) is amended by striking ``$125,000,000 for
each of fiscal years 2007 through 2012'' and inserting
``$75,000,000 for each of fiscal years 2016 through 2020''.
______