I 

116TH CONGRESS 

1ST SESSION H. R. 2041 

To reauthorize the weatherization assistance program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2019 

Mr. TONKO (for himself, Mr. RUSH, and Ms. KAPTUR) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

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’’. 

7 SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM. 

8 (a) REAUTHORIZATION OF WEATHERIZATION AS9 SISTANCE PROGRAM.—Section 422 of the Energy Con10 servation and Production Act (42 U.S.C. 6872) is amend11 ed by striking ‘‘appropriated—’’ and all that follows 


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1 through ‘‘2012..’’ and inserting ‘‘appropriated 

2 $350,000,000 for each of fiscal years 2020 through 

3 2024.’’. 

4 (b) MODERNIZING THE DEFINITION OF WEATHER5 IZATION MATERIALS.—Section 412(9)(J) of the Energy 

6 Conservation and Production Act (42 U.S.C. 6862(9)(J)) 

7 is amended— 

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

9 technologies and other advanced technologies,’’ after 

10 ‘‘devices or technologies’’; and 

11 (2) by striking ‘‘, after consulting with the Sec12 retary of Housing and Urban Development, the Sec13 retary of Agriculture, and the Director of the Com14 munity Services Administration’’. 

15 (c) CONSIDERATION OF HEALTH BENEFITS.—Sec16 tion 413(b) of the Energy Conservation and Production 

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

18 (1) by redesignating paragraphs (4) through 

19 (6) as paragraphs (5) through (7), respectively; and 

20 (2) by inserting after paragraph (3), the fol21 lowing: 

22 ‘‘(4) The Secretary may amend the regulations pre23 scribed under paragraph (1) to provide that the standards 

24 described in paragraph (2)(A) take into consideration im25 provements in the health and safety of occupants of dwellVerDate Sep 11 2014 01:47 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2041.IH H2041

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1 ing units, and other non-energy benefits, from weatheriza2 tion.’’. 

3 (d) CONTRACTOR OPTIMIZATION.— 

4 (1) IN GENERAL.—The Energy Conservation 

5 and Production Act is amended by inserting after 

6 section 414B (42 U.S.C. 6864b) the following: 

7 ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. 

8 ‘‘(a) IN GENERAL.—The Secretary may request that 

9 entities receiving funding from the Federal Government 

10 or from a State through a weatherization assistance pro11 gram under section 413 or section 414 perform periodic 

12 reviews of the use of private contractors in the provision 

13 of weatherization assistance, and encourage expanded use 

14 of contractors as appropriate. 

15 ‘‘(b) USE OF TRAINING FUNDS.—Entities described 

16 in subsection (a) may use funding described in such sub17 section to train private, non-Federal entities that are con18 tracted to provide weatherization assistance under a 

19 weatherization program, in accordance with rules deter20 mined by the Secretary.’’. 

21 (2) TABLE OF CONTENTS AMENDMENT.—The 

22 table of contents for the Energy Conservation and 

23 Production Act is amended by inserting after the 

24 item relating to section 414B the following: 

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


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1 (e) FINANCIAL ASSISTANCE FOR WAP ENHANCE2 MENT AND INNOVATION.— 

3 (1) IN GENERAL.—The Energy Conservation 

4 and Production Act is amended by inserting after 

5 section 414C (as added by subsection (d) of this sec6 tion) the following: 

7 ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCE8 MENT AND INNOVATION. 

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

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

11 that are occupied by low-income persons that receive 

12 weatherization assistance by making such dwelling 

13 units weatherization-ready; 

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

15 energy in dwelling units that are occupied by low-in16 come persons; 

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

18 enhancing or expanding health and safety measures 

19 and resources available to dwellings that are occu20 pied by low-income persons; and 

21 ‘‘(4) to disseminate new methods and best prac22 tices among entities providing weatherization assist23 ance. 

24 ‘‘(b) FINANCIAL ASSISTANCE.—The Secretary shall, 

25 to the extent funds are made available, award financial 


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1 assistance through a competitive process to entities receiv2 ing funding from the Federal Government or from a State 

3 through a weatherization program under section 413 or 

4 section 414, or to nonprofit entities, to be used by such 

5 an entity— 

6 ‘‘(1) with respect to dwelling units that are oc7 cupied by low-income persons, to— 

8 ‘‘(A) implement measures to make such 

9 dwelling units weatherization-ready by address10 ing structural, plumbing, roofing, and electrical 

11 issues, environmental hazards, or other meas12 ures that the Secretary determines to be appro13 priate; 

14 ‘‘(B) install energy efficiency technologies, 

15 including home energy management systems, 

16 smart devices, and other technologies the Sec17 retary determines to be appropriate; 

18 ‘‘(C) install renewable energy systems (as 

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

20 ‘‘(D) implement measures to ensure 

21 healthy indoor environments by improving in22 door air quality, accessibility, and other healthy 

23 homes measures as determined by the Sec24 retary; 

25 ‘‘(2) to improve the capability of the entity— 


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1 ‘‘(A) to significantly increase the number 

2 of energy retrofits performed by such entity; 

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

4 performed pursuant to this section on a larger 

5 scale; and 

6 ‘‘(C) to leverage additional funds to sus7 tain the provision of weatherization assistance 

8 and other work performed pursuant to this sec9 tion after financial assistance awarded under 

10 this section is expended; 

11 ‘‘(3) for innovative outreach and education re12 garding the benefits and availability of weatheriza13 tion assistance and other assistance available pursu14 ant to this section; 

15 ‘‘(4) for quality control of work performed pur16 suant to this section; 

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

18 verification with respect to such work; 

19 ‘‘(6) for program monitoring, oversight, evalua20 tion, and reporting regarding such work; 

21 ‘‘(7) for labor, training, and technical assist22 ance relating to such work; 

23 ‘‘(8) for planning, management, and adminis24 tration (up to a maximum of 15 percent of the as25 sistance provided); and 


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1 ‘‘(9) for such other activities as the Secretary 

2 determines to be appropriate. 

3 ‘‘(c) AWARD FACTORS.—In awarding financial assist4 ance under this section, the Secretary shall consider— 

5 ‘‘(1) the applicant’s record of constructing, ren6 ovating, repairing, or making energy efficient single7 family, multifamily, or manufactured homes that are 

8 occupied by low-income persons, either directly or 

9 through affiliates, chapters, or other partners (using 

10 the most recent year for which data are available); 

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

12 low-income persons that the applicant has built, ren13 ovated, repaired, weatherized, or made more energy 

14 efficient in the 5 years preceding the date of the ap15 plication; 

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

17 performance of the applicant, including experience 

18 successfully managing and administering Federal 

19 funds; 

20 ‘‘(4) the strength of an applicant’s proposal to 

21 achieve one or more of the purposes under sub22 section (a); 

23 ‘‘(5) the extent to which such applicant will uti24 lize partnerships and regional coordination to 


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1 achieve one or more of the purposes under sub2 section (a); 

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

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

5 ‘‘(8) such other factors as the Secretary deter6 mines to be appropriate. 

7 ‘‘(d) APPLICATIONS.— 

8 ‘‘(1) ADMINISTRATION.—To be eligible for an 

9 award of financial assistance under this section, an 

10 applicant shall submit to the Secretary an applica11 tion in such manner and containing such informa12 tion as the Secretary may require. 

13 ‘‘(2) AWARDS.—Subject to the availability of 

14 appropriations, not later than 270 days after the 

15 date of enactment of this section, the Secretary shall 

16 make a first award of financial assistance under this 

17 section. 

18 ‘‘(e) MAXIMUM AMOUNT AND TERM.— 

19 ‘‘(1) IN GENERAL.—The total amount of finan20 cial assistance awarded to an entity under this sec21 tion shall not exceed $2,000,000. 

22 ‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.— 

23 The total amount of financial assistance awarded to 

24 an entity under this section shall be reduced by the 

25 cost of any technical and training assistance proVerDate Sep 11 2014 01:47 Apr 13, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2041.IH H2041

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1 vided by the Secretary that relates to such financial 

2 assistance. 

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

4 assistance under this section shall not exceed 3 

5 years. 

6 ‘‘(f) REQUIREMENTS.—Not later than 90 days after 

7 the date of enactment of this section, the Secretary shall 

8 issue requirements to implement this section, including, 

9 for entities receiving financial assistance under this sec10 tion— 

11 ‘‘(1) standards for allowable expenditures; 

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

13 ‘‘(3) standards for— 

14 ‘‘(A) training programs; 

15 ‘‘(B) energy audits; 

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

17 ‘‘(D) monitoring activities carried out 

18 using such financial assistance; 

19 ‘‘(E) verification of energy and cost sav20 ings; 

21 ‘‘(F) liability insurance requirements; and 

22 ‘‘(G) recordkeeping and reporting require23 ments, which shall include reporting to the Of24 fice of Weatherization and Intergovernmental 

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1 ble data on each dwelling unit retrofitted or 

2 otherwise assisted pursuant to this section. 

3 ‘‘(g) COMPLIANCE WITH STATE AND LOCAL LAW.— 

4 Nothing in this section supersedes or otherwise affects any 

5 State or local law, to the extent that the State or local 

6 law contains a requirement that is more stringent than 

7 the applicable requirement of this section. 

8 ‘‘(h) REVIEW AND EVALUATION.—The Secretary 

9 shall review and evaluate the performance of each entity 

10 that receives an award of financial assistance under this 

11 section (which may include an audit). 

12 ‘‘(i) ANNUAL REPORT.—The Secretary shall submit 

13 to Congress an annual report that provides a description 

14 of— 

15 ‘‘(1) actions taken under this section to achieve 

16 the purposes of this section; and 

17 ‘‘(2) accomplishments as a result of such ac18 tions, including energy and cost savings achieved. 

19 ‘‘(j) FUNDING.— 

20 ‘‘(1) AMOUNTS.— 

21 ‘‘(A) IN GENERAL.—For each of fiscal 

22 years 2020 through 2024, of the amount made 

23 available under section 422 for such fiscal year 

24 to carry out the weatherization program under 

25 this part (not including any of such amount 


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1 made available for Department of Energy head2 quarters training or technical assistance), not 

3 more than— 

4 ‘‘(i) 2 percent of such amount (if such 

5 amount is $225,000,000 or more but less 

6 than $260,000,000) may be used to carry 

7 out this section; 

8 ‘‘(ii) 4 percent of such amount (if 

9 such amount is $260,000,000 or more but 

10 less than $300,000,000) may be used to 

11 carry out this section; and 

12 ‘‘(iii) 6 percent of such amount (if 

13 such amount is $300,000,000 or more) 

14 may be used to carry out this section. 

15 ‘‘(B) MINIMUM.—For each of fiscal years 

16 2020 through 2024, if the amount made avail17 able under section 422 (not including any of 

18 such amount made available for Department of 

19 Energy headquarters training or technical as20 sistance) for such fiscal year is less than 

21 $225,000,000, no funds shall be made available 

22 to carry out this section. 

23 ‘‘(2) LIMITATION.—For any fiscal year, the 

24 Secretary may not use more than $25,000,000 of 


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1 the amount made available under section 422 to 

2 carry out this section.’’. 

3 (2) TABLE OF CONTENTS.—The table of con4 tents for the Energy Conservation and Production 

5 Act is amended by inserting after the item relating 

6 to section 414C the following: 

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

7 (f) INCREASE IN ADMINISTRATIVE FUNDS.—Section 

8 415(a)(1) of the Energy Conservation and Production Act 

9 (42 U.S.C. 6865(a)(1)) is amended by striking ‘‘10 per10 cent’’ and inserting ‘‘15 percent’’. 

11 (g) AMENDING RE-WEATHERIZATION DATE.—Para12 graph (2) of section 415(c) of the Energy Conservation 

13 and Production Act (42 U.S.C. 6865(c)) is amended to 

14 read as follows: 

15 ‘‘(2) Dwelling units weatherized (including dwelling 

16 units partially weatherized) under this part, or under 

17 other Federal programs (in this paragraph referred to as 

18 ‘previous weatherization’), may not receive further finan19 cial assistance for weatherization under this part until the 

20 date that is 15 years after the date such previous weather21 ization was completed. This paragraph does not preclude 

22 dwelling units that have received previous weatherization 

23 from receiving assistance and services (including the provi24 sion of information and education to assist with energy 

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1 stalled weatherization materials) other than weatheriza2 tion under this part or under other Federal programs, or 

3 from receiving non-Federal assistance for weatheriza4 tion.’’. 

5 SEC. 3. REPORT ON WAIVERS. 

6 Not later than 180 days after the date of enactment 

7 of this Act, the Secretary of Energy shall submit to Con8 gress a report on the status of any request for a waiver 

9 of any requirement under section 200.313 of title 2, Code 

10 of Federal Regulations, as such requirement applies with 

11 respect to the weatherization assistance program under 

12 part A of title IV of the Energy Conservation and Produc13 tion Act (42 U.S.C. 6861 et seq.), including a description 

14 of any such waiver that has been granted and any such 

15 request for a waiver that has been considered but not 

16 granted. 

Æ 


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