I 

113TH CONGRESS 

2D SESSION H. R. 4345 

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2014 

Mr. TONKO introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

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 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 4345 IH

Sec. 101. Reauthorization of weatherization assistance program. 

Sec. 102. Grants to eligible multistate housing and energy nonprofit organizations. 

Sec. 103. Quality assurance 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.); 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 4345 IH

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; 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 4345 IH

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 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 4345 IH

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 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 4345 IH

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 2015 through 2019.’’. 

21 SEC. 102. GRANTS TO ELIGIBLE HOUSING AND NONPROFIT 

22 ORGANIZATIONS. 

23 The Energy Conservation and Production Act is 

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

25 6864b) the following: 


emcdonald on DSK67QTVN1PROD with BILLS
7 

•HR 4345 IH

1 ‘‘SEC. 414C. GRANTS TO ELIGIBLE HOUSING AND NON2 PROFIT ORGANIZATIONS. 

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

4 ‘‘(1) to expand the number of low-income, sin5 gle-family and multifamily homes that receive energy 

6 efficiency retrofits; 

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

8 retrofitting low-income homes through new Federal 

9 partnerships with covered organizations that lever10 age donations, donated materials, volunteer labor, 

11 homeowner labor equity, and other private sector re12 sources; 

13 ‘‘(3) to assist the covered organizations in dem14 onstrating, evaluating, improving, and replicating 

15 widely the model low-income energy retrofit pro16 grams of the covered organizations; and 

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

18 make the energy retrofit projects undertaken by the 

19 covered organizations with awarded funds self-sus20 taining by the time grant funds have been expended. 

21 ‘‘(b) DEFINITION.—In this section, the term ‘covered 

22 organization’ means an organization that— 

23 ‘‘(1) is described in section 501(c)(3) of the In24 ternal Revenue Code of 1986 and exempt from tax25 ation under 501(a) of that Code; and 


emcdonald on DSK67QTVN1PROD with BILLS
8 

•HR 4345 IH

1 ‘‘(2) has an established record of constructing, 

2 renovating, repairing, or making energy efficient an 

3 aggregate quantity of not less than 250 owner-occu4 pied, single-family or multifamily homes for low-in5 come households, either directly or through affili6 ates, chapters, or other direct partners (using the 

7 most recent year for which data are available). 

8 ‘‘(c) IN GENERAL.—The Secretary shall make grants 

9 to covered organizations through a national competitive 

10 process for use in accordance with this section. 

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

12 section, the Secretary shall consider— 

13 ‘‘(1) the number of low-income homes the appli14 cant— 

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

16 made more energy efficient as of the date of the 

17 application; and 

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

19 renovate, repair, or make energy efficient dur20 ing the grant period beginning on the date of 

21 the application; 

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

23 performance of the applicant, including experience 

24 successfully managing and administering Federal 

25 funds; 


emcdonald on DSK67QTVN1PROD with BILLS
9 

•HR 4345 IH

1 ‘‘(3) the number and diversity of States, com2 munities, and climates in which the applicant works 

3 and the diversity of housing types requiring weather4 ization as of the date of the application; 

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

6 or discounted materials, discounted or volunteer 

7 skilled labor, volunteer unskilled labor, homeowner 

8 labor equity, and other resources the applicant will 

9 provide; 

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

11 successfully replicate the proposed energy retrofit 

12 project and sustain the project after the grant funds 

13 have been expended; and 

14 ‘‘(6) such other factors as the Secretary deter15 mines to be appropriate. 

16 ‘‘(e) APPLICATIONS.— 

17 ‘‘(1) IN GENERAL.—Not later than 120 days 

18 after the date of enactment of this section, the Sec19 retary shall solicit proposals from covered organiza20 tions. 

21 ‘‘(2) ADMINISTRATION.—To be eligible to re22 ceive a grant under this section, an applicant shall 

23 submit to the Secretary an application at such time, 

24 in such manner, and containing such information as 

25 the Secretary may require. 


emcdonald on DSK67QTVN1PROD with BILLS
10 

•HR 4345 IH

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

2 the closing date established by the Secretary for re3 ceipt of proposals, the Secretary shall award grants 

4 under this section. 

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

6 under this section may be used to— 

7 ‘‘(1) conduct energy efficiency audits; 

8 ‘‘(2) perform cost-effective retrofit and related 

9 weatherization activities, including purchase of en10 ergy efficient materials and supplies; 

11 ‘‘(3) conduct training activities and provide on12 going technical assistance; 

13 ‘‘(4) provide information to homeowners on 

14 proper maintenance and energy savings behaviors; 

15 ‘‘(5) conduct data collection, measurement, and 

16 verification activities to facilitate program moni17 toring, oversight, evaluation, and reporting; 

18 ‘‘(6) manage and administer the grant (up to a 

19 maximum of 10 percent of the total grant); and 

20 ‘‘(7) obtain and conduct such other materials 

21 and activities as the Secretary determines to be ap22 propriate. 

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

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

25 ‘‘(h) GUIDELINES.— 


emcdonald on DSK67QTVN1PROD with BILLS
11 

•HR 4345 IH

1 ‘‘(1) IN GENERAL.—Not later than 60 days 

2 after the date of enactment of this section, the Sec3 retary shall issue guidelines to implement the grant 

4 program established under this section. 

5 ‘‘(2) ADMINISTRATION.—The guidelines shall 

6 establish— 

7 ‘‘(A) criteria for allowable expenditures; 

8 ‘‘(B) a methodology to determine a min9 imum energy savings-to-investment ratio; 

10 ‘‘(C) criteria for— 

11 ‘‘(i) the conduct of weatherization 

12 training programs; 

13 ‘‘(ii) the conduct of energy audits and 

14 program activities; 

15 ‘‘(iii) the conduct of project moni16 toring activities; and 

17 ‘‘(iv) the use of methodologies to 

18 verify energy and cost savings; 

19 ‘‘(D) liability insurance requirements; and 

20 ‘‘(E) recordkeeping requirements, which 

21 shall include reporting to the Office of Weather22 ization and Intergovernmental Programs of the 

23 Department of Energy applicable data on each 

24 home retrofitted. 


emcdonald on DSK67QTVN1PROD with BILLS
12 

•HR 4345 IH

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 a description of 

13 energy and cost savings achieved and actions taken under 

14 this section. 

15 ‘‘(l) FUNDING.—Of the funds made available to carry 

16 out this part for each of fiscal years 2015 through 2019 

17 under section 422, the Secretary shall make available to 

18 carry out this section— 

19 ‘‘(1) 2 percent of the amount if less than 

20 $225,000,000 is available; 

21 ‘‘(2) 5 percent of the amount if $225,000,000 

22 or more but less than $260,000,000 is available; 

23 ‘‘(3) 10 percent of the amount if $260,000,000 

24 or more but less than $400,000,000 is available; and 


emcdonald on DSK67QTVN1PROD with BILLS
13 

•HR 4345 IH

1 ‘‘(4) 20 percent of the amount if $400,000,000 

2 or more is available.’’. 

3 SEC. 103. QUALITY ASSURANCE PROGRAM. 

4 Section 415 of the Energy Conservation and Produc5 tion Act (42 U.S.C. 6865) is amended by adding at the 

6 end the following: 

7 ‘‘(f) QUALITY ASSURANCE PROGRAM.— 

8 ‘‘(1) CONTRACTOR QUALIFICATION.—Effective 

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

10 out weatherization using funds made available under 

11 this part, a contractor shall be selected through a 

12 competitive bidding process and be— 

13 ‘‘(A) accredited by the Building Perform14 ance Institute; 

15 ‘‘(B) an Energy Smart Home Performance 

16 Team accredited under the Residential Energy 

17 Services Network; or 

18 ‘‘(C) accredited by an equivalent accredita19 tion or program accreditation-based State cer20 tification program approved by the Secretary. 

21 ‘‘(2) GRANTS TO NONPROFIT ORGANIZA22 TIONS.— 

23 ‘‘(A) IN GENERAL.—To be eligible to re24 ceive a grant under section 414C, a covered orVerDate Mar 15 2010 21:36 Mar 31, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4345.IH H4345

emcdonald on DSK67QTVN1PROD with BILLS
14 

•HR 4345 IH

1 ganization (as defined in section 414C(b)) shall 

2 use a crew chief who— 

3 ‘‘(i) is certified or accredited in ac4 cordance with paragraph (1); and 

5 ‘‘(ii) supervises the work performed 

6 with grant funds. 

7 ‘‘(B) VOLUNTEER LABOR.—A volunteer 

8 who performs work for a covered organization 

9 that receives a grant under section 414C shall 

10 not be required to be certified under this sub11 section if the volunteer is not directly installing 

12 or repairing mechanical equipment or other 

13 items that require skilled labor. 

14 ‘‘(3) MINIMUM EFFICIENCY STANDARDS.—Ef15 fective beginning October 1, 2015, the Secretary 

16 shall ensure that— 

17 ‘‘(A) each retrofit for which weatherization 

18 assistance is provided under this part meets 

19 minimum efficiency and quality of work stand20 ards established by the Secretary after weather21 ization of a dwelling unit; 

22 ‘‘(B) at least 10 percent of such dwelling 

23 units are randomly inspected by a third party 

24 accredited as described in paragraph (1) (A) 

25 through (C) to ensure compliance with the minVerDate Mar 15 2010 21:36 Mar 31, 2014 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4345.IH H4345

emcdonald on DSK67QTVN1PROD with BILLS
15 

•HR 4345 IH

1 imum efficiency and quality of work standards 

2 established under subparagraph (A); and 

3 ‘‘(C) the standards established under this 

4 subsection meet or exceed the industry stand5 ards for home performance work that are in ef6 fect on the date of enactment of this subsection, 

7 as determined by the Secretary.’’. 

8 TITLE II—STATE ENERGY 

9 PROGRAMS 

10 SEC. 201. REAUTHORIZATION OF STATE ENERGY PRO11 GRAMS. 

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

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

14 ‘‘$125,000,000 for each of fiscal years 2007 through 

15 2012’’ and inserting ‘‘$75,000,000 for each of fiscal years 

16 2015 through 2019’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS