II 

116TH CONGRESS 

1ST SESSION S. 983 

To amend the Energy Conservation and Production Act to reauthorize the 

weatherization assistance program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 2, 2019 

Mr. COONS (for himself, Ms. COLLINS, Mr. REED, and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Energy Conservation and Production Act to 

reauthorize the weatherization assistance program, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Weatherization En5 hancement and Local Energy Efficiency Investment and 

6 Accountability Act of 2019’’. 


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1 SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM. 

2 (a) DEFINITION OF WEATHERIZATION MATE3 RIALS.—Section 412(9)(J) of the Energy Conservation 

4 and Production Act (42 U.S.C. 6862(9)(J)) is amended— 

5 (1) by inserting ‘‘, including renewable energy 

6 technologies and other advanced technologies,’’ after 

7 ‘‘technologies’’; and 

8 (2) by striking ‘‘Development,’’ and all that fol9 lows through the period at the end and inserting 

10 ‘‘Development and the Secretary of Agriculture.’’. 

11 (b) ALLOWANCE FOR HEALTH AND SAFETY BENE12 FITS.—Section 413(b) of the Energy Conservation and 

13 Production Act (42 U.S.C. 6863(b)) is amended— 

14 (1) in paragraph (2)(B), by striking ‘‘para15 graph (5)’’ and inserting ‘‘paragraph (6)’’; 

16 (2) by redesignating paragraphs (5) and (6) as 

17 paragraphs (6) and (7), respectively; and 

18 (3) by inserting after paragraph (4) the fol19 lowing: 

20 ‘‘(5) In carrying out paragraph (3), the Sec21 retary may take into consideration evidence-based 

22 values for improvements in the health and safety of 

23 occupants of weatherized homes, and other non-en24 ergy benefits, as determined by the Secretary.’’. 

25 (c) CONTRACTOR OPTIMIZATION.— 


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1 (1) TECHNICAL TRANSFER GRANTS.—Section 

2 414B(a)(4) of the Energy Conservation and Produc3 tion Act (42 U.S.C. 6864b(a)(4)) is amended— 

4 (A) by striking ‘‘for persons’’ and inserting 

5 the following: ‘‘for— 

6 ‘‘(A) persons’’; and 

7 (B) in subparagraph (A) (as so des8 ignated), by striking the period at the end and 

9 inserting the following: ‘‘; and 

10 ‘‘(B) private entities that are contracted to 

11 provide weatherization assistance under this 

12 part, in accordance with rules determined by 

13 the Secretary.’’. 

14 (2) CONTRACTOR OPTIMIZATION.—The Energy 

15 Conservation and Production Act is amended by in16 serting after section 414B (42 U.S.C. 6864b) the 

17 following: 

18 ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. 

19 ‘‘The Secretary may request that entities receiving 

20 funding from the Federal Government or from a State 

21 through a weatherization assistance program under sec22 tion 413 or 414— 

23 ‘‘(1) perform periodic reviews of the use of pri24 vate contractors in the provision of weatherization 

25 assistance, if applicable; and 


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1 ‘‘(2) encourage an increased use and expanded 

2 role of contractors as appropriate.’’. 

3 (3) TABLE OF CONTENTS AMENDMENT.—The 

4 table of contents for the Energy Conservation and 

5 Production Act (Public Law 94–385; 90 Stat. 1125) 

6 is amended by inserting after the item relating to 

7 section 414B the following: 

‘‘Sec. 414C. Contractor optimization.’’. 

8 (d) FINANCIAL ASSISTANCE FOR WAP ENHANCE9 MENT AND INNOVATION.— 

10 (1) IN GENERAL.—The Energy Conservation 

11 and Production Act (Public Law 94–385; 90 Stat. 

12 1125) is amended by inserting after section 414C 

13 (as added by subsection (c)) the following: 

14 ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCE15 MENT AND INNOVATION. 

16 ‘‘(a) PURPOSES.—The purposes of this section are— 

17 ‘‘(1) to expand the number of dwelling units 

18 that are occupied by low-income persons that receive 

19 weatherization assistance under this section by mak20 ing those dwelling units weatherization-ready; 

21 ‘‘(2) to promote the deployment of renewable 

22 energy in dwelling units that are occupied by low-in23 come persons; 

24 ‘‘(3) to ensure healthy indoor environments by 

25 enhancing or expanding health and safety measures 


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1 and resources available to dwellings that are occu2 pied by low-income persons; and 

3 ‘‘(4) to disseminate new methods and best prac4 tices among eligible entities providing weatherization 

5 assistance under this section. 

6 ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec7 tion, the term ‘eligible entity’ means— 

8 ‘‘(1) an entity receiving funding from the Fed9 eral Government or from a State through a weather10 ization assistance program under section 413 or 

11 414; and 

12 ‘‘(2) a nonprofit organization. 

13 ‘‘(c) FINANCIAL ASSISTANCE AWARDS.—The Sec14 retary shall, to the extent funds are made available, award 

15 financial assistance through a competitive process to an 

16 eligible entity— 

17 ‘‘(1) with respect to dwelling units that are oc18 cupied by low-income persons— 

19 ‘‘(A) to implement measures to make those 

20 dwelling units weatherization-ready, including 

21 by addressing structural, plumbing, roofing, 

22 and electrical issues, environmental hazards, 

23 and other issues that the Secretary determines 

24 to be appropriate; 


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1 ‘‘(B) to install energy efficiency tech2 nologies, including home energy management 

3 systems, smart devices, and other technologies 

4 the Secretary determines to be appropriate; 

5 ‘‘(C) to install renewable energy systems 

6 (as defined in section 415(c)(6)(A)); and 

7 ‘‘(D) to implement measures to ensure 

8 healthy indoor environments by improving in9 door air quality, accessibility, and other healthy 

10 home measures, as determined by the Sec11 retary; 

12 ‘‘(2) to improve the capability of the eligible en13 tity— 

14 ‘‘(A) to significantly increase the number 

15 of energy retrofits performed by the eligible en16 tity; 

17 ‘‘(B) to replicate best practices for work 

18 performed under this section on a larger scale; 

19 and 

20 ‘‘(C) to leverage additional funds to sus21 tain the provision of weatherization assistance 

22 and other work performed under this section 

23 after the financial assistance awarded under 

24 this section is expended; 


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1 ‘‘(3) for innovative outreach and education re2 garding the benefits and availability of weatheriza3 tion assistance and other assistance available under 

4 this section; 

5 ‘‘(4) for quality control of work performed 

6 under this section; 

7 ‘‘(5) for data collection, measurement, and 

8 verification with respect to that work; 

9 ‘‘(6) for program monitoring, oversight, evalua10 tion, and reporting of that work; 

11 ‘‘(7) for labor, training, and technical assist12 ance relating to that work; 

13 ‘‘(8) subject to subsection (g)(2), for planning, 

14 management, and administration of that work; and 

15 ‘‘(9) for any other appropriate activity, as de16 termined by the Secretary. 

17 ‘‘(d) APPLICATIONS.—To be eligible for an award of 

18 financial assistance under this section, an eligible entity 

19 shall submit to the Secretary an application in such man20 ner and containing such information as the Secretary may 

21 require. 

22 ‘‘(e) AWARD FACTORS.—In awarding financial assist23 ance under this section, the Secretary shall consider— 

24 ‘‘(1) the record of the eligible entity, using the 

25 most recent year for which data are available, in 


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1 constructing, renovating, repairing, and making en2 ergy efficient single-family, multifamily, or manufac3 tured homes that are occupied by low-income per4 sons, either directly or through affiliates, chapters, 

5 or other partners; 

6 ‘‘(2) the number of dwelling units occupied by 

7 low-income persons that the eligible entity has built, 

8 renovated, repaired, weatherized, and made more en9 ergy efficient in the 5 years immediately preceding 

10 the date on which the eligible entity submits an ap11 plication under subsection (d); 

12 ‘‘(3) the qualifications, experience, and past 

13 performance of the eligible entity, including experi14 ence successfully managing and administering Fed15 eral funds; 

16 ‘‘(4) the strength of the proposal of the eligible 

17 entity to achieve one or more of the purposes de18 scribed in subsection (a); 

19 ‘‘(5) the extent to which the eligible entity will 

20 use partnerships and regional coordination to 

21 achieve one or more of the purposes described in 

22 subsection (a); 

23 ‘‘(6) regional and climate zone diversity; 

24 ‘‘(7) urban, suburban, and rural localities; and 


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1 ‘‘(8) any other appropriate factor, as deter2 mined by the Secretary. 

3 ‘‘(f) FIRST AWARD.—Subject to the availability of ap4 propriations, not later than 270 days after the date of en5 actment of this section, the Secretary shall make a first 

6 award of financial assistance under this section. 

7 ‘‘(g) AMOUNT AND TERM.— 

8 ‘‘(1) MAXIMUM AMOUNT.—The total amount of 

9 financial assistance awarded to an eligible entity 

10 under this section shall not exceed $2,000,000. 

11 ‘‘(2) PLANNING, MANAGEMENT, AND ADMINIS12 TRATION.—Of the amount awarded to an eligible en13 tity under this section, not more than 15 percent 

14 may be used by the eligible entity for the purpose 

15 described in subsection (c)(8). 

16 ‘‘(3) TECHNICAL AND TRAINING ASSISTANCE.— 

17 The total amount of financial assistance awarded to 

18 an entity under this section shall be reduced by the 

19 cost of any technical and training assistance pro20 vided by the Secretary under this section that relates 

21 to that financial assistance. 

22 ‘‘(4) TERM.—The term of an award of financial 

23 assistance under this section shall not exceed 3 

24 years. 


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1 ‘‘(h) GUIDANCE.—Not later than 90 days after the 

2 date of enactment of this section, the Secretary shall issue 

3 guidance on implementing this section, which shall in4 clude, with respect to eligible entities awarded financial 

5 assistance under this section— 

6 ‘‘(1) standards for allowable expenditures; 

7 ‘‘(2) a minimum saving-to-investment ratio; and 

8 ‘‘(3) standards for— 

9 ‘‘(A) training programs; 

10 ‘‘(B) energy audits; 

11 ‘‘(C) the provision of technical assistance; 

12 ‘‘(D) monitoring activities carried out 

13 using the financial assistance; 

14 ‘‘(E) verification of energy and cost sav15 ings; 

16 ‘‘(F) liability insurance requirements; and 

17 ‘‘(G) recordkeeping and reporting require18 ments, which shall include reporting to the Of19 fice of Weatherization and Intergovernmental 

20 Programs of the Department of Energy applica21 ble data on each dwelling unit retrofitted or 

22 otherwise assisted by the eligible entity using 

23 the financial assistance. 

24 ‘‘(i) COMPLIANCE WITH STATE AND LOCAL LAW.— 

25 Nothing in this section supersedes or modifies any State 


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1 or local law to the extent that the State or local law is 

2 more stringent than this section. 

3 ‘‘(j) REVIEW AND EVALUATION.—The Secretary shall 

4 review and evaluate the performance of each eligible entity 

5 that receives an award of financial assistance under this 

6 section, which may include an audit. 

7 ‘‘(k) ANNUAL REPORT.—The Secretary shall submit 

8 to the relevant committees of Congress an annual report 

9 that describes— 

10 ‘‘(1) the actions taken by the Secretary and eli11 gible entities awarded financial assistance under this 

12 section to achieve the purposes of this section during 

13 the year covered by the report; and 

14 ‘‘(2) the energy and cost savings, and any other 

15 accomplishments, achieved under this section during 

16 the year covered by the report. 

17 ‘‘(l) FUNDING.— 

18 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

19 and (3), for each of fiscal years 2020 through 2024, 

20 of the amount appropriated under section 422— 

21 ‘‘(A) if the amount is not more than 

22 $225,000,000, no funds shall be used to carry 

23 out this section; 


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1 ‘‘(B) if the amount is not more than 

2 $260,000,000, not more than 2 percent of that 

3 amount may be used to carry out this section; 

4 ‘‘(C) if the amount is not more than 

5 $300,000,000, not more than 4 percent of that 

6 amount may be used to carry out this section; 

7 and 

8 ‘‘(D) if the amount is more than 

9 $300,000,000, not more than 6 percent of that 

10 amount may be used to carry out this section. 

11 ‘‘(2) AMOUNTS EXCLUDED.—Each amount de12 scribed in paragraph (1) shall not include the 

13 amount made available for Department of Energy 

14 headquarters training or technical assistance. 

15 ‘‘(3) MAXIMUM AMOUNT.—The maximum 

16 amount used to carry out this section in each fiscal 

17 year shall not exceed $25,000,000.’’. 

18 (2) TABLE OF CONTENTS.—The table of con19 tents for the Energy Conservation and Production 

20 Act (Public Law 94–385; 90 Stat. 1125) is amended 

21 by inserting after the item relating to section 414C 

22 (as added by subsection (c)(3)) the following: 

‘‘Sec. 414D. Financial assistance for WAP enhancement and innovation.’’. 

23 (e) INCREASE IN ADMINISTRATIVE FUNDS.—Section 

24 415(a)(1) of the Energy Conservation and Production Act 


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1 (42 U.S.C. 6865(a)(1)) is amended by striking ‘‘10 per2 cent’’ and inserting ‘‘15 percent’’. 

3 (f) REWEATHERIZATION DATE.—Section 415(c) of 

4 the Energy Conservation and Production Act (42 U.S.C. 

5 6865(c)) is amended by striking paragraph (2) and insert6 ing the following: 

7 ‘‘(2) FURTHER ASSISTANCE.— 

8 ‘‘(A) DEFINITION OF INTERIM SERVICE.— 

9 ‘‘(i) IN GENERAL.—In this paragraph, 

10 the term ‘interim service’ means an energy 

11 service that takes place between instances 

12 of weatherization or partial weatherization 

13 of a dwelling unit, as determined by the 

14 Secretary. 

15 ‘‘(ii) INCLUSION.—In this paragraph, 

16 the term ‘interim service’ includes— 

17 ‘‘(I) the provision of energy infor18 mation and education to assist with 

19 energy management; 

20 ‘‘(II) an evaluation of the effec21 tiveness of installed weatherization 

22 measures; and 

23 ‘‘(III) the provision of services, 

24 equipment, or other measures funded 


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1 by non-Federal funds, as determined 

2 by the Secretary. 

3 ‘‘(B) FURTHER ASSISTANCE.—Dwelling 

4 units weatherized or partially weatherized under 

5 this part, or under other Federal programs— 

6 ‘‘(i) may not receive further financial 

7 assistance for weatherization under this 

8 part until the date that is 15 years after 

9 the date on which the previous weatheriza10 tion was completed; and 

11 ‘‘(ii) may receive further financial as12 sistance for weatherization under this part 

13 for the purpose of providing an interim 

14 service.’’. 

15 (g) REAUTHORIZATION OF WAP.—Section 422 of the 

16 Energy Conservation and Production Act (42 U.S.C. 

17 6872) is amended in the matter preceding paragraph (1) 

18 by striking ‘‘appropriated’’ and all that follows through 

19 ‘‘2012..’’ in paragraph (5) and inserting ‘‘appropriated 

20 $350,000,000 for each of fiscal years 2020 through 

21 2024.’’. 

22 SEC. 3. WAIVER STUDY. 

23 (a) IN GENERAL.—It is the sense of Congress that, 

24 to the maximum extent practicable, the Secretary of En25 ergy should coordinate with the Director of the Office of 


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1 Management and Budget to grant waivers of requirements 

2 under section 200.313 of title 2, Code of Federal Regula3 tions (or successor regulations), to better leverage private 

4 sector funds for the purposes of using funding awarded 

5 under the Weatherization Assistance Program for Low-In6 come Persons established under part A of title IV of the 

7 Energy Conservation and Production Act (42 U.S.C. 6861 

8 et seq.). 

9 (b) STUDY.—Not more than 180 days after the date 

10 of enactment of this Act, the Secretary of Energy shall 

11 submit to the relevant committees of Congress a report 

12 that describes— 

13 (1) each waiver that has been requested under 

14 subsection (a); and 

15 (2) the determination of the Secretary and the 

16 Director of the Office of Management and Budget 

17 regarding each waiver requested under subsection 

18 (a). 

Æ 


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