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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2041 Introduced in House (IH)]

<DOC>

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.

    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 ``Weatherization Enhancement and Local 
Energy Efficiency Investment and Accountability Act''.

SEC. 2. 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 
``2012..'' and inserting ``appropriated $350,000,000 for each of fiscal 
years 2020 through 2024.''.
    (b) Modernizing the Definition of Weatherization Materials.--
Section 412(9)(J) of the Energy Conservation and Production Act (42 
U.S.C. 6862(9)(J)) is amended--
            (1) by inserting ``, including renewable energy 
        technologies and other advanced technologies,'' after ``devices 
        or technologies''; and
            (2) by striking ``, after consulting with the Secretary of 
        Housing and Urban Development, the Secretary of Agriculture, 
        and the Director of the Community Services Administration''.
    (c) Consideration of Health Benefits.--Section 413(b) of the Energy 
Conservation and Production Act (42 U.S.C. 6863(b)) is amended--
            (1) by redesignating paragraphs (4) through (6) as 
        paragraphs (5) through (7), respectively; and
            (2) by inserting after paragraph (3), the following:
    ``(4) The Secretary may amend the regulations prescribed under 
paragraph (1) to provide that the standards described in paragraph 
(2)(A) take into consideration improvements in the health and safety of 
occupants of dwelling units, and other non-energy benefits, from 
weatherization.''.
    (d) Contractor Optimization.--
            (1) In general.--The Energy Conservation and Production Act 
        is amended by inserting after section 414B (42 U.S.C. 6864b) 
        the following:

``SEC. 414C. CONTRACTOR OPTIMIZATION.

    ``(a) In General.--The Secretary may request that entities 
receiving funding from the Federal Government or from a State through a 
weatherization assistance program under section 413 or section 414 
perform periodic reviews of the use of private contractors in the 
provision of weatherization assistance, and encourage expanded use of 
contractors as appropriate.
    ``(b) Use of Training Funds.--Entities described in subsection (a) 
may use funding described in such subsection to train private, non-
Federal entities that are contracted to provide weatherization 
assistance under a weatherization program, in accordance with rules 
determined by the Secretary.''.
            (2) Table of contents amendment.--The table of contents for 
        the Energy Conservation and Production Act is amended by 
        inserting after the item relating to section 414B the 
        following:

``Sec. 414C. Contractor optimization.''.
    (e) Financial Assistance for WAP Enhancement and Innovation.--
            (1) In general.--The Energy Conservation and Production Act 
        is amended by inserting after section 414C (as added by 
        subsection (d) of this section) the following:

``SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCEMENT AND INNOVATION.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to expand the number of dwelling units that are 
        occupied by low-income persons that receive weatherization 
        assistance by making such dwelling units weatherization-ready;
            ``(2) to promote the deployment of renewable energy in 
        dwelling units that are occupied by low-income persons;
            ``(3) to ensure healthy indoor environments by enhancing or 
        expanding health and safety measures and resources available to 
        dwellings that are occupied by low-income persons; and
            ``(4) to disseminate new methods and best practices among 
        entities providing weatherization assistance.
    ``(b) Financial Assistance.--The Secretary shall, to the extent 
funds are made available, award financial assistance through a 
competitive process to entities receiving funding from the Federal 
Government or from a State through a weatherization program under 
section 413 or section 414, or to nonprofit entities, to be used by 
such an entity--
            ``(1) with respect to dwelling units that are occupied by 
        low-income persons, to--
                    ``(A) implement measures to make such dwelling 
                units weatherization-ready by addressing structural, 
                plumbing, roofing, and electrical issues, environmental 
                hazards, or other measures that the Secretary 
                determines to be appropriate;
                    ``(B) install energy efficiency technologies, 
                including home energy management systems, smart 
                devices, and other technologies the Secretary 
                determines to be appropriate;
                    ``(C) install renewable energy systems (as defined 
                in section 415(c)(6)(A)); and
                    ``(D) implement measures to ensure healthy indoor 
                environments by improving indoor air quality, 
                accessibility, and other healthy homes measures as 
                determined by the Secretary;
            ``(2) to improve the capability of the entity--
                    ``(A) to significantly increase the number of 
                energy retrofits performed by such entity;
                    ``(B) to replicate best practices for work 
                performed pursuant to this section on a larger scale; 
                and
                    ``(C) to leverage additional funds to sustain the 
                provision of weatherization assistance and other work 
                performed pursuant to this section after financial 
                assistance awarded under this section is expended;
            ``(3) for innovative outreach and education regarding the 
        benefits and availability of weatherization assistance and 
        other assistance available pursuant to this section;
            ``(4) for quality control of work performed pursuant to 
        this section;
            ``(5) for data collection, measurement, and verification 
        with respect to such work;
            ``(6) for program monitoring, oversight, evaluation, and 
        reporting regarding such work;
            ``(7) for labor, training, and technical assistance 
        relating to such work;
            ``(8) for planning, management, and administration (up to a 
        maximum of 15 percent of the assistance provided); and
            ``(9) for such other activities as the Secretary determines 
        to be appropriate.
    ``(c) Award Factors.--In awarding financial assistance under this 
section, the Secretary shall consider--
            ``(1) the applicant's record of constructing, renovating, 
        repairing, or making energy efficient single-family, 
        multifamily, or manufactured homes that are occupied by low-
        income persons, either directly or through affiliates, 
        chapters, or other partners (using the most recent year for 
        which data are available);
            ``(2) the number of dwelling units occupied by low-income 
        persons that the applicant has built, renovated, repaired, 
        weatherized, or made more energy efficient in the 5 years 
        preceding the date of the application;
            ``(3) the qualifications, experience, and past performance 
        of the applicant, including experience successfully managing 
        and administering Federal funds;
            ``(4) the strength of an applicant's proposal to achieve 
        one or more of the purposes under subsection (a);
            ``(5) the extent to which such applicant will utilize 
        partnerships and regional coordination to achieve one or more 
        of the purposes under subsection (a);
            ``(6) regional and climate zone diversity;
            ``(7) urban, suburban, and rural localities; and
            ``(8) such other factors as the Secretary determines to be 
        appropriate.
    ``(d) Applications.--
            ``(1) Administration.--To be eligible for an award of 
        financial assistance under this section, an applicant shall 
        submit to the Secretary an application in such manner and 
        containing such information as the Secretary may require.
            ``(2) Awards.--Subject to the availability of 
        appropriations, not later than 270 days after the date of 
        enactment of this section, the Secretary shall make a first 
        award of financial assistance under this section.
    ``(e) Maximum Amount and Term.--
            ``(1) In general.--The total amount of financial assistance 
        awarded to an entity under this section shall not exceed 
        $2,000,000.
            ``(2) Technical and training assistance.--The total amount 
        of financial assistance awarded to an entity under this section 
        shall be reduced by the cost of any technical and training 
        assistance provided by the Secretary that relates to such 
        financial assistance.
            ``(3) Term.--The term of an award of financial assistance 
        under this section shall not exceed 3 years.
    ``(f) Requirements.--Not later than 90 days after the date of 
enactment of this section, the Secretary shall issue requirements to 
implement this section, including, for entities receiving financial 
assistance under this section--
            ``(1) standards for allowable expenditures;
            ``(2) a minimum saving-to-investment ratio; and
            ``(3) standards for--
                    ``(A) training programs;
                    ``(B) energy audits;
                    ``(C) the provision of technical assistance;
                    ``(D) monitoring activities carried out using such 
                financial assistance;
                    ``(E) verification of energy and cost savings;
                    ``(F) liability insurance requirements; and
                    ``(G) recordkeeping and reporting requirements, 
                which shall include reporting to the Office of 
                Weatherization and Intergovernmental Programs of the 
                Department of Energy applicable data on each dwelling 
                unit retrofitted or otherwise assisted pursuant to this 
                section.
    ``(g) Compliance With State and Local Law.--Nothing in 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.
    ``(h) Review and Evaluation.--The Secretary shall review and 
evaluate the performance of each entity that receives an award of 
financial assistance under this section (which may include an audit).
    ``(i) Annual Report.--The Secretary shall submit to Congress an 
annual report that provides a description of--
            ``(1) actions taken under this section to achieve the 
        purposes of this section; and
            ``(2) accomplishments as a result of such actions, 
        including energy and cost savings achieved.
    ``(j) Funding.--
            ``(1) Amounts.--
                    ``(A) In general.--For each of fiscal years 2020 
                through 2024, of the amount made available under 
                section 422 for such fiscal year to carry out the 
                weatherization program under this part (not including 
                any of such amount made available for Department of 
                Energy headquarters training or technical assistance), 
                not more than--
                            ``(i) 2 percent of such amount (if such 
                        amount is $225,000,000 or more but less than 
                        $260,000,000) may be used to carry out this 
                        section;
                            ``(ii) 4 percent of such amount (if such 
                        amount is $260,000,000 or more but less than 
                        $300,000,000) may be used to carry out this 
                        section; and
                            ``(iii) 6 percent of such amount (if such 
                        amount is $300,000,000 or more) may be used to 
                        carry out this section.
                    ``(B) Minimum.--For each of fiscal years 2020 
                through 2024, if the amount made available under 
                section 422 (not including any of such amount made 
                available for Department of Energy headquarters 
                training or technical assistance) for such fiscal year 
                is less than $225,000,000, no funds shall be made 
                available to carry out this section.
            ``(2) Limitation.--For any fiscal year, the Secretary may 
        not use more than $25,000,000 of the amount made available 
        under section 422 to carry out this section.''.
            (2) Table of contents.--The table of contents for the 
        Energy Conservation and Production Act is amended by inserting 
        after the item relating to section 414C the following:

``Sec. 414D. Financial assistance for WAP enhancement and 
                            innovation.''.
    (f) Increase in Administrative Funds.--Section 415(a)(1) of the 
Energy Conservation and Production Act (42 U.S.C. 6865(a)(1)) is 
amended by striking ``10 percent'' and inserting ``15 percent''.
    (g) Amending Re-Weatherization Date.--Paragraph (2) of section 
415(c) of the Energy Conservation and Production Act (42 U.S.C. 
6865(c)) is amended to read as follows:
    ``(2) Dwelling units weatherized (including dwelling units 
partially weatherized) under this part, or under other Federal programs 
(in this paragraph referred to as `previous weatherization'), may not 
receive further financial assistance for weatherization under this part 
until the date that is 15 years after the date such previous 
weatherization was completed. This paragraph does not preclude dwelling 
units that have received previous weatherization from receiving 
assistance and services (including the provision of information and 
education to assist with energy management and evaluation of the 
effectiveness of installed weatherization materials) other than 
weatherization under this part or under other Federal programs, or from 
receiving non-Federal assistance for weatherization.''.

SEC. 3. REPORT ON WAIVERS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Energy shall submit to Congress a report on the status 
of any request for a waiver of any requirement under section 200.313 of 
title 2, Code of Federal Regulations, as such requirement applies with 
respect to the weatherization assistance program under part A of title 
IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et 
seq.), including a description of any such waiver that has been granted 
and any such request for a waiver that has been considered but not 
granted.
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