II 

113TH CONGRESS 

1ST SESSION S. 1213 

To reauthorize the weatherization and State energy programs, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 20, 2013 

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

A BILL 

To reauthorize the weatherization and State energy 

programs, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Weatherization Enhancement, and Local Energy Effi6 ciency Investment and Accountability Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—WEATHERIZATION ASSISTANCE PROGRAM 


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Sec. 101. Reauthorization of weatherization assistance program. 

Sec. 102. Grants for new, self-sustaining low-income, single-family and multifamily housing energy retrofit model programs to eligible 

multistate housing and energy nonprofit organizations. 

Sec. 103. Standards program. 

TITLE II—STATE ENERGY PROGRAMS 

Sec. 201. Reauthorization of State energy programs. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the State energy program established under 

4 part D of title III of the Energy Policy and Con5 servation Act (42 U.S.C. 6321 et seq.) (referred to 

6 in this section as ‘‘SEP’’) and the Weatherization 

7 Assistance Program for Low-Income Persons estab8 lished under part A of title IV of the Energy Con9 servation and Production Act (42 U.S.C. 6861 et 

10 seq.) (referred to in this section as ‘‘WAP’’) have 

11 proven to be beneficial, long-term partnerships 

12 among Federal, State, and local partners; 

13 (2) the SEP and the WAP have been reauthor14 ized on a bipartisan basis over many years to ad15 dress changing national, regional, and State cir16 cumstances and needs, especially through— 

17 (A) the Energy Policy and Conservation 

18 Act (42 U.S.C. 6201 et seq.); 

19 (B) the Energy Conservation and Produc20 tion Act (42 U.S.C. 6801 et seq.); 


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1 (C) the State Energy Efficiency Programs 

2 Improvement Act of 1990 (Public Law 101– 

3 440; 104 Stat. 1006); 

4 (D) the Energy Policy Act of 1992 (42 

5 U.S.C. 13201 et seq.); 

6 (E) the Energy Policy Act of 2005 (42 

7 U.S.C. 15801 et seq.); and 

8 (F) the Energy Independence and Security 

9 Act of 2007 (42 U.S.C. 17001 et seq.); 

10 (3) the SEP, also known as the ‘‘State energy 

11 conservation program’’— 

12 (A) was first created in 1975 to implement 

13 a State-based, national program in support of 

14 energy efficiency, renewable energy, economic 

15 development, energy emergency preparedness, 

16 and energy policy; and 

17 (B) has come to operate in every sector of 

18 the economy in support of the private sector to 

19 improve productivity and has dramatically re20 duced the cost of government through energy 

21 savings at the State and local levels; 

22 (4) Federal laboratory studies have concluded 

23 that, for every Federal dollar invested through the 

24 SEP, more than $7 is saved in energy costs and al25 most $11 in non-Federal funds is leveraged; 


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1 (5) the WAP— 

2 (A) was first created in 1976 to assist low3 income families in response to the first oil em4 bargo; 

5 (B) has become the largest residential en6 ergy conservation program in the United 

7 States, with more than 7,100,000 homes weath8 erized since the WAP was created; 

9 (C) saves an estimated 35 percent of con10 sumption in the typical weatherized home, yield11 ing average annual savings of $437 per year in 

12 home energy costs; 

13 (D) has created thousands of jobs in both 

14 the construction sector and in the supply chain 

15 of materials suppliers, vendors, and manufac16 turers who supply the WAP; 

17 (E) returns $2.51 in energy savings for 

18 every Federal dollar spent in energy and non19 energy benefits over the life of weatherized 

20 homes; 

21 (F) serves as a foundation for residential 

22 energy efficiency retrofit standards, technical 

23 skills, and workforce training for the emerging 

24 broader market and reduces residential and 


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1 power plant emissions of carbon dioxide by 2.65 

2 metric tons each year per home; and 

3 (G) has decreased national energy con4 sumption by the equivalent of 24,100,000 bar5 rels of oil annually; 

6 (6) the WAP can be enhanced with the addition 

7 of a targeted portion of Federal funds through an 

8 innovative program that supports projects performed 

9 by qualified nonprofit organizations that have a 

10 demonstrated capacity to build, renovate, repair, or 

11 improve the energy efficiency of a significant num12 ber of low-income homes; 

13 (7) the WAP has increased energy efficiency 

14 opportunities by promoting new, competitive public15 private sector models of retrofitting low-income 

16 homes through new Federal partnerships; 

17 (8) improved monitoring and reporting of the 

18 work product of the WAP has yielded benefits, and 

19 expanding independent verification of efficiency work 

20 will support the long-term goals of the WAP; 

21 (9) reports of the Government Accountability 

22 Office in 2011, Inspector General of the Department 

23 of Energy, and State auditors have identified State24 level deficiencies in monitoring efforts that can be 


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1 addressed in a manner that will ensure that WAP 

2 funds are used more effectively; 

3 (10) through the history of the WAP, the WAP 

4 has evolved with improvements in efficiency tech5 nology, including, in the 1990s, many States adopt6 ing advanced home energy audits, which has led to 

7 great returns on investment; and 

8 (11) as the home energy efficiency industry has 

9 become more performance-based, the WAP should 

10 continue to use those advances in technology and the 

11 professional workforce. 

12 TITLE I—WEATHERIZATION 

13 ASSISTANCE PROGRAM 

14 SEC. 101. REAUTHORIZATION OF WEATHERIZATION ASSIST15 ANCE PROGRAM. 

16 Section 422 of the Energy Conservation and Produc17 tion Act (42 U.S.C. 6872) is amended by striking ‘‘appro18 priated—’’ and all that follows through the period at the 

19 end and inserting ‘‘appropriated $450,000,000 for each 

20 of fiscal years 2014 through 2018.’’. 


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1 SEC. 102. GRANTS FOR NEW, SELF-SUSTAINING LOW-IN2 COME, SINGLE-FAMILY AND MULTIFAMILY 

3 HOUSING ENERGY RETROFIT MODEL PRO4 GRAMS TO ELIGIBLE HOUSING AND NON5 PROFIT ORGANIZATIONS. 

6 The Energy Conservation and Production Act is 

7 amended by inserting after section 414B (42 U.S.C. 

8 6864b) the following: 

9 ‘‘SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-IN10 COME, SINGLE-FAMILY AND MULTIFAMILY 

11 HOUSING ENERGY RETROFIT MODEL PRO12 GRAMS TO ELIGIBLE HOUSING AND NON13 PROFIT ORGANIZATIONS. 

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

15 ‘‘(1) to expand the number of low-income, sin16 gle-family and multifamily homes that receive energy 

17 efficiency retrofits; 

18 ‘‘(2) to promote innovation and new models of 

19 retrofitting low-income homes through new Federal 

20 partnerships with covered organizations that lever21 age substantial donations, donated materials, volun22 teer labor, homeowner labor equity, and other pri23 vate sector resources; 

24 ‘‘(3) to assist the covered organizations in dem25 onstrating, evaluating, improving, and replicating 


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1 widely the model low-income energy retrofit pro2 grams of the covered organizations; and 

3 ‘‘(4) to ensure that the covered organizations 

4 make the energy retrofit programs of the covered or5 ganizations self-sustaining by the time grant funds 

6 have been expended. 

7 ‘‘(b) DEFINITIONS.—In this section: 

8 ‘‘(1) COVERED ORGANIZATION.—The term ‘cov9 ered organization’ means an organization that— 

10 ‘‘(A) is described in section 501(c)(3) of 

11 the Internal Revenue Code of 1986 and exempt 

12 from taxation under 501(a) of that Code; and 

13 ‘‘(B) has an established record of con14 structing, renovating, repairing, or making en15 ergy efficient an aggregate quantity of not less 

16 than 250 owner-occupied, single-family or mul17 tifamily homes for low-income households, ei18 ther directly or through affiliates, chapters, or 

19 other direct partners (using the most recent 

20 year for which data are available). 

21 ‘‘(2) LOW-INCOME.—The term ‘low-income’ 

22 means an income level that is not more than 200 

23 percent of the poverty level (as determined in ac24 cordance with criteria established by the Director of 

25 the Office of Management and Budget) applicable to 


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1 a family of the size involved, except that the Sec2 retary may establish a higher or lower level if the 

3 Secretary determines that a higher or lower level is 

4 necessary to carry out this section. 

5 ‘‘(3) WEATHERIZATION ASSISTANCE PROGRAM

6 FOR LOW-INCOME PERSONS.—The term ‘Weatheriza7 tion Assistance Program for Low-Income Persons’ 

8 means the program established under this part (in9 cluding part 440 of title 10, Code of Federal Regu10 lations). 

11 ‘‘(c) COMPETITIVE GRANT PROGRAM.—The Sec12 retary shall make grants to covered organizations through 

13 a national competitive process for use in accordance with 

14 this section. 

15 ‘‘(d) AWARD FACTORS.—In making grants under this 

16 section, the Secretary shall consider— 

17 ‘‘(1) the number of low-income homes the appli18 cant— 

19 ‘‘(A) has built, renovated, repaired, or 

20 made more energy efficient as of the date of the 

21 application; and 

22 ‘‘(B) can reasonably be projected to build, 

23 renovate, repair, or make energy efficient dur24 ing the grant period beginning on the date of 

25 the application; 


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1 ‘‘(2) the qualifications, experience, and past 

2 performance of the applicant, including experience 

3 successfully managing and administering Federal 

4 funds; 

5 ‘‘(3) the number and diversity of States and cli6 mates in which the applicant works as of the date 

7 of the application; 

8 ‘‘(4) the amount of non-Federal funds, donated 

9 or discounted materials, discounted or volunteer 

10 skilled labor, volunteer unskilled labor, homeowner 

11 labor equity, and other resources the applicant will 

12 provide; 

13 ‘‘(5) the extent to which the applicant could 

14 successfully replicate the energy retrofit program of 

15 the applicant and sustain the program after the 

16 grant funds have been expended; 

17 ‘‘(6) regional diversity; 

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

19 ‘‘(8) such other factors as the Secretary deter20 mines to be appropriate. 

21 ‘‘(e) APPLICATIONS.— 

22 ‘‘(1) IN GENERAL.—Not later than 180 days 

23 after the date of enactment of this section, the Sec24 retary shall request proposals from covered organiza25 tions. 


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1 ‘‘(2) ADMINISTRATION.—To be eligible to re2 ceive a grant under this section, an applicant shall 

3 submit to the Secretary an application at such time, 

4 in such manner, and containing such information as 

5 the Secretary may require. 

6 ‘‘(3) AWARDS.—Not later than 90 days after 

7 the date of issuance of a request for proposals, the 

8 Secretary shall award grants under this section. 

9 ‘‘(f) ELIGIBLE USES OF GRANT FUNDS.—A grant 

10 under this section may be used for— 

11 ‘‘(1) energy efficiency audits, cost-effective ret12 rofit, and related activities in different climatic re13 gions of the United States; 

14 ‘‘(2) energy efficiency materials and supplies; 

15 ‘‘(3) organizational capacity— 

16 ‘‘(A) to significantly increase the number 

17 of energy retrofits; 

18 ‘‘(B) to replicate an energy retrofit pro19 gram within a State or in other States; and 

20 ‘‘(C) to ensure that the program is self21 sustaining after the Federal grant funds are ex22 pended; 

23 ‘‘(4) energy efficiency, audit and retrofit train24 ing, and ongoing technical assistance; 


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1 ‘‘(5) information to homeowners on proper 

2 maintenance and energy savings behaviors; 

3 ‘‘(6) quality control and improvement; 

4 ‘‘(7) data collection, measurement, and verifica5 tion; 

6 ‘‘(8) program monitoring, oversight, evaluation, 

7 and reporting; 

8 ‘‘(9) management and administration (up to a 

9 maximum of 10 percent of the total grant); 

10 ‘‘(10) labor and training activities; and 

11 ‘‘(11) such other activities as the Secretary de12 termines to be appropriate. 

13 ‘‘(g) MAXIMUM AMOUNT.—The amount of a grant 

14 provided under this section shall not exceed $5,000,000. 

15 ‘‘(h) GUIDELINES.— 

16 ‘‘(1) IN GENERAL.—Not later than 90 days 

17 after the date of enactment of this section, the Sec18 retary shall issue guidelines to implement the grant 

19 program established under this section. 

20 ‘‘(2) ADMINISTRATION.—The guidelines— 

21 ‘‘(A) shall not apply to the Weatherization 

22 Assistance Program for Low-Income Persons, 

23 in whole or major part; but 

24 ‘‘(B) may rely on applicable provisions of 

25 law governing the Weatherization Assistance 


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1 Program for Low-Income Persons to estab2 lish— 

3 ‘‘(i) standards for allowable expendi4 tures; 

5 ‘‘(ii) a minimum savings-to-investment 

6 ratio; 

7 ‘‘(iii) standards— 

8 ‘‘(I) to carry out training pro9 grams; 

10 ‘‘(II) to conduct energy audits 

11 and program activities; 

12 ‘‘(III) to provide technical assist13 ance; 

14 ‘‘(IV) to monitor program activi15 ties; and 

16 ‘‘(V) to verify energy and cost 

17 savings; 

18 ‘‘(iv) liability insurance requirements; 

19 and 

20 ‘‘(v) recordkeeping requirements, 

21 which shall include reporting to the Office 

22 of Weatherization and Intergovernmental 

23 Programs of the Department of Energy 

24 applicable data on each home retrofitted. 


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1 ‘‘(i) REVIEW AND EVALUATION.—The Secretary shall 

2 review and evaluate the performance of any covered orga3 nization that receives a grant under this section (which 

4 may include an audit), as determined by the Secretary. 

5 ‘‘(j) COMPLIANCE WITH STATE AND LOCAL LAW.— 

6 Nothing in this section or any program carried out using 

7 a grant provided under this section supersedes or other8 wise affects any State or local law, to the extent that the 

9 State or local law contains a requirement that is more 

10 stringent than the applicable requirement of this section. 

11 ‘‘(k) ANNUAL REPORTS.—The Secretary shall submit 

12 to Congress annual reports that provide— 

13 ‘‘(1) findings; 

14 ‘‘(2) a description of energy and cost savings 

15 achieved and actions taken under this section; and 

16 ‘‘(3) any recommendations for further action. 

17 ‘‘(l) FUNDING.—There is authorized to be appro18 priated to carry out this section $45,000,000 for each of 

19 fiscal years 2014 through 2018.’’. 

20 SEC. 103. STANDARDS PROGRAM. 

21 Section 415 of the Energy Conservation and Produc22 tion Act (42 U.S.C. 6865) is amended by adding at the 

23 end the following: 

24 ‘‘(f) STANDARDS PROGRAM.— 


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1 ‘‘(1) CONTRACTOR QUALIFICATION.—Effective 

2 beginning January 1, 2015, to be eligible to carry 

3 out weatherization using funds made available under 

4 this part, a contractor shall be selected through a 

5 competitive bidding process and be— 

6 ‘‘(A) accredited by the Building Perform7 ance Institute; 

8 ‘‘(B) an Energy Smart Home Performance 

9 Team accredited under the Residential Energy 

10 Services Network; or 

11 ‘‘(C) accredited by an equivalent accredita12 tion or program accreditation-based State cer13 tification program approved by the Secretary. 

14 ‘‘(2) GRANTS FOR ENERGY RETROFIT MODEL

15 PROGRAMS.— 

16 ‘‘(A) IN GENERAL.—To be eligible to re17 ceive a grant under section 414C, a covered or18 ganization (as defined in section 414C(b)) shall 

19 use a crew chief who— 

20 ‘‘(i) is certified or accredited in ac21 cordance with paragraph (1); and 

22 ‘‘(ii) supervises the work performed 

23 with grant funds. 

24 ‘‘(B) VOLUNTEER LABOR.—A volunteer 

25 who performs work for a covered organization 


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1 that receives a grant under section 414C shall 

2 not be required to be certified under this sub3 section if the volunteer is not directly installing 

4 or repairing mechanical equipment or other 

5 items that require skilled labor. 

6 ‘‘(C) TRAINING.—The Secretary shall use 

7 training and technical assistance funds available 

8 to the Secretary to assist covered organizations 

9 under section 414C in providing training to ob10 tain certification required under this subsection, 

11 including provisional or temporary certification. 

12 ‘‘(3) MINIMUM EFFICIENCY STANDARDS.—Ef13 fective beginning October 1, 2015, the Secretary 

14 shall ensure that— 

15 ‘‘(A) each retrofit for which weatherization 

16 assistance is provided under this part meets 

17 minimum efficiency and quality of work stand18 ards established by the Secretary after weather19 ization of a dwelling unit; 

20 ‘‘(B) at least 10 percent of the dwelling 

21 units are randomly inspected by a third party 

22 accredited under this subsection to ensure com23 pliance with the minimum efficiency and quality 

24 of work standards established under subpara25 graph (A); and 


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1 ‘‘(C) the standards established under this 

2 subsection meet or exceed the industry stand3 ards for home performance work that are in ef4 fect on the date of enactment of this subsection, 

5 as determined by the Secretary.’’. 

6 TITLE II—STATE ENERGY 

7 PROGRAMS 

8 SEC. 201. REAUTHORIZATION OF STATE ENERGY PRO9 GRAMS. 

10 Section 365(f) of the Energy Policy and Conservation 

11 Act (42 U.S.C. 6325(f)) is amended by striking 

12 ‘‘$125,000,000 for each of fiscal years 2007 through 

13 2012’’ and inserting ‘‘$75,000,000 for each of fiscal years 

14 2014 through 2018’’. 

Æ 


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