II 118th CONGRESS 1st Session S. 405 IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Markey (for himself, Ms. Warren , Mrs. Gillibrand , Mr. Blumenthal , Mr. Booker , Mr. Sanders , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Low-Income Home Energy Assistance Act of 1981 to increase the availability of heating and cooling assistance, and for other purposes.

1. Short title This Act may be cited as the Heating and Cooling Relief Act . 2. Findings Congress finds that: (1) Energy remains unaffordable for low-income households. Nationally, low-income households spend a larger portion of their income on home energy costs than other households. The average low-income household’s energy burden is 3 times that of other households. The report for the Household Pulse Survey of the Bureau of the Census, issued on December 22, 2021, noted that, for families with incomes of less than $35,000 a year, about 51 percent said that they reduced or went without basic household necessities, such as medicine or food, in order to pay an energy bill, for at least one month in the last year. (2) The Low-Income Housing Energy Assistance Program was authorized by Congress to reduce home energy burdens with heating and cooling assistance. In 2019, only 16 percent of income-eligible households received a subsidy under the program. (3) Climate change is fueling increasingly intense winter storms and extreme temperatures. (4) Heat waves are increasingly common as climate change accelerates, and now occur more often in major cities across the United States. The average heat wave season across 50 cities is approximately 47 days longer now than it was in the 1960s. As a result, the Federal Government should provide further cooling assistance for communities in need. (5) The loss of home energy service due to high energy burdens is one of the primary reasons for homelessness, especially for families with children. In some housing contexts, loss of home energy service is a grounds for eviction. (6) The Federal Government should expand and update the Low-Income Home Energy Assistance Program, as part of a robust Federal social safety net, to— (A) protect families against unaffordable home energy bills and home energy shutoffs, by providing sufficient funding and imposing regulations where necessary; (B) ensure all low- and moderate-income families have access to affordable home cooling powered by renewable energy, which will enable households to adapt to rising temperatures due to climate change and promote climate resiliency; (C) enhance outreach— (i) by including nontraditional partners, including home energy suppliers, local educational agencies, and entities carrying out other programs for low-income people, to assist with signups; and (ii) by adding stronger provisions for presumed eligibility and waiving documentation requirements for eligibility; and (D) further Federal efforts to weatherize housing for low- and moderate-income households, to help families struggling to pay their home energy bills and to meet national clean energy goals. 3. Funding Section 2602 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 ) is amended— (1) in subsection (b)— (A) by striking section 2607A) and inserting section 2604(f), 2607A, 2607B, or 2607C) ; and (B) by striking $2,000,000,000 and all that follows and inserting $400,000,000,000 for the period of fiscal years 2024 through 2033. ; (2) in subsection (e), by inserting , or arising, for purposes of section 2604(e)(2), from a major disaster or emergency, as defined in section 2604(e)(2)(A) before the period at the end; and (3) by adding at the end the following: (f) There is authorized to be appropriated to carry out section 2604(f), $1,000,000,000 for each of fiscal years 2024 through 2033. (g) There is authorized to be appropriated to carry out section 2607C, including making grants under that section, $1,000,000,000 for each of fiscal years 2024 through 2033. . 4. Definitions Section 2603 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8622 ) is amended— (1) by redesignating paragraphs (4) through (6), (7) through (10), and (11), as paragraphs (5) through (7), (9) through (12), and (14), respectively; (2) by inserting after paragraph (3) the following: (4) The term HEAP coordinator means an employee— (A) who administers a program funded under section 2602(b); and (B) whose salary is paid, partly or wholly, with funds made available under that section. ; (3) by inserting after paragraph (7), as so redesignated, the following: (8) The term local coordinating agency means any local organization or local office that receives funds under section 2602(b) to perform customer intake, or approval of benefits, on behalf of the State agency. ; and (4) by inserting after paragraph (12), as so redesignated, the following: (13) The term State agency means any State agency that administers the program funded under section 2602(b). . 5. Emergencies Section 2604(e) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8623(e) ) is amended— (1) by striking (e) and inserting (e)(1) ; and (2) by adding at the end the following: (2) (A) In this paragraph: (i) The term covered household means an eligible household in an area where the President, or the Secretary, as the case may be, has declared a major disaster or emergency. (ii) The term major disaster or emergency means— (I) a major disaster or emergency declared under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191); or (II) a public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). (B) Upon a declaration described in subparagraph (A) for an area, the Secretary and the Administrator of the Federal Emergency Management Agency shall, to the extent practicable, provide heating or cooling assistance to covered households in that area. (C) In particular, in the event of a major disaster or other emergency due to a period of extreme heat (as described in section 2604(f)(1)) or cold in an area, the Secretary and the Administrator shall, to the extent practicable, provide cooling or heating assistance to covered households in that area. . 6. Additional cooling assistance for heat waves Section 2604 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8623 ) is amended by adding at the end the following: (f) (1) In this subsection: (A) The term additional cooling assistance means cooling assistance provided under this subsection. (B) The term extreme heat means heat that exceeds local climatological norms in terms of any 1 or more of the following: (i) Duration. (ii) Intensity. (iii) Season length. (iv) Frequency. (C) The term heat means any 1 or more of the parameters associated with increasing human temperature, such as air temperature, humidity, solar exposure, and low wind speed. (D) The term heat event means an occurrence of extreme heat that may have heat-health implications. (E) The term heat-health means health effects to humans from heat, during or outside of heat events, including from vulnerability and exposure, or the risk of such effects. (2) From funds made available under section 2602(f), the Secretary may provide grants to eligible entities, which shall be States, territories, or Indian Tribes, for additional cooling assistance for heat events. (3) The Secretary shall determine an allocation plan for providing eligible entities with funding through the grants to help eligible households respond to heat events. (4) To receive assistance under this subsection, an eligible entity shall provide assurances to the Secretary that— (A) the eligible entity will not preclude a household that receives heating assistance under this title during a calendar year, on the basis of obtaining that assistance, from receiving cooling assistance under this title during that year; and (B) the eligible entity will not require a household to indicate that a household member has a medical need for cooling assistance under this title, to be eligible for that assistance. (5) A eligible entity that receives additional cooling assistance may use the assistance for purposes for which cooling assistance is available under the program funded under section 2602(b), including for providing energy-efficient air conditioners, and other equipment needed for home cooling, to eligible households. . 7. Eligible households Section 2605 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624 ) is amended— (1) in subsection (b)(2)— (A) in the matter preceding subparagraph (A), by inserting , subject to subsection (c)(1)(A), after only ; (B) in subparagraph (B), by striking (B) and all that follows through clause (ii) and inserting the following: (B) households with— (i) incomes which do not exceed the greater of— (I) an amount equal to 250 percent of the poverty line that is defined and revised as described in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 ); or (II) an amount equal to 80 percent of the State median income; or (ii) a monthly energy burden of 3 percent or more, as averaged across the calendar year preceding the determination under this paragraph, ; and (C) in the matter following subparagraph (B), by inserting before the semicolon the following: , and the State may not exclude a household from eligibility on the basis of citizenship of 1 or more of the household members ; (2) in subsection (c)(1)(A), by striking assistance to be provided under this title, including criteria and inserting “assistance to be provided under this title, including— (i) certifying that the State and local coordinating agencies in the State— (I) will allow applicants for the assistance, to the greatest extent possible, to self-attest that the applicants meet the criteria in this title for an eligible household; and (II) will not require the applicants to submit proof of income, citizenship, or need, to establish status as an eligible household; and (ii) describing criteria ; (3) in subsection (f), by adding at the end the following: (3) For purposes of section 401(c), and the remainder of title IV, of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611(a) , 1601 et seq.) assistance under this title should not be considered to be a Federal public benefit. ; and (4) in subsection (j), by striking the State may apply and inserting the State may, subject to subsection (c)(1)(A)(i), apply . 8. Conditions for funding Section 2605 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624 ) is amended— (1) in subsection (b)— (A) in paragraph (1)(C), by inserting before the semicolon the following: , using toxin-free materials that do not contain asthmagens or respiratory sensitizers, giving priority in the use of those funds, to the greatest extent practicable, to supporting emergency home repairs that foster energy efficiency, decarbonization, and climate resilience, including through beneficial electrification of heating and cooling ; (B) in paragraph (7)— (i) in subparagraph (C), by striking and at the end; and (ii) by adding at the end the following: (E) ensure that— (i) the home energy supplier will not charge late fees for any payment, by a household receiving assistance through the program funded under section 2602(b), during the period beginning 6 months before and ending 6 months after a date on which the supplier receives funds through the program for the household; and (ii) if the supplier receives funds through the program for such a household and charged such late fees during that period, the supplier shall refund the fees to the household not later than 7 days after the date the supplier receives the funds; (F) ensure that the home energy supplier will not shut off home energy from a household that received assistance through the program funded under section 2602(b), within the 1-year period beginning on the date the household received the assistance; (G) ensure that the home energy supplier, in return for receiving assistance through the program funded under section 2602(b)— (i) will provide to the State data on households that have not paid their home energy bills, to enable the State and the supplier to carry out coordinated outreach concerning assistance available through the program funded under section 2602(b); and (ii) will, when sending a notice of late payments to such households, include information on such assistance, on how to access such assistance through the HEAP program, and on eligibility criteria for the program; and (H) ensure that the home energy supplier will, not later than 2 years after the date of enactment of the Heating and Cooling Relief Act, in return for receiving assistance under the program funded under section 2602(b) and through a partnership with the State, offer percentage of income payment plans; ; and (C) in paragraph (9)— (i) in subparagraph (A)— (I) by striking 10 percent and inserting 15 percent ; and (II) by striking and at the end; and (ii) by adding at the end the following: (C) in planning and administering that program, the State shall use the portion of the amount described in subparagraph (A), that exceeds 10 percent of the funds described in subparagraph (A), to expand the State program funded under section 2602(b) so that the State operates the program on a year-round basis; and (D) in planning and administering that program, the State— (i) shall make technological changes to allow, not later than 5 years after the date of enactment of the Heating and Cooling Relief Act, for online submission of applications for assistance through that program; and (ii) shall, to the extent practicable— (I) conduct outreach activities, including activities to increase enrollment as described in subsection (m); (II) ensure that all HEAP coordinators in the State receive wages, for administration funded under section 2602(b), at not less than the greater of $15 per hour or the applicable Federal, State, or local minimum wage rate; (III) conduct training; (IV) as needed, conduct outreach relating to the program funded under section 2602(b) to rural electric cooperatives, home energy suppliers owned by a political subdivision of a State, such as a municipally owned electric utility, and home energy suppliers owned by any agency, authority, corporation, or instrumentality of a political subdivision of a State; and (V) explore opportunities for auto-enrollment of eligible households into the program funded under section 2602(b), and in the process document any potential barriers to auto-enrollment that need to be clarified or otherwise addressed at the Federal level; ; (2) in subsection (c)(1)— (A) in subparagraph (G), by striking and at the end; (B) by redesignating subparagraph (H) as subparagraph (I); and (C) by inserting after subparagraph (G) the following: (H) describes how the State will expand the State program funded under section 2602(b) so that the State operates the program on a year-round basis in accordance with subsection (b)(9)(C) and the measures the State has taken so far to carry out this expansion; and ; and (3) by adding at the end the following: (m) The Secretary shall allow, to the greatest extent possible, the self-attestation, and shall not require the proof, described in subsection (c)(1)(A)(i). (n) The Secretary shall, by grant or contract, provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households, relative to those rates for households that are not eligible households, over a period of several years. (o) The Secretary shall provide technical assistance to States to support partnerships described in subsection (b)(7)(H). (p) (1) The Secretary, in consultation with the Secretary of Education, shall issue guidance for use of funds for administrative activities described in subsection (b)(9) to increase, through partnerships with elementary schools, secondary schools, and local educational agencies, enrollment in the program carried out with funds made available under section 2602(b) among eligible households that include children and that have high energy burdens. (2) The Secretary shall issue guidance for use by States on outreach relating to assistance through the program funded under section 2602(b) to high-risk individuals, with relevant medical conditions, that benefit from the use of medical equipment that requires electricity, including a ventilator, an oxygen concentrator, or another medical device. (3) The Secretary shall issue guidance for use by States on how to ensure that eligible households are aware of additional grants, tax credits, and rebates, made available under Public Law 117–169 . . 9. Weatherization Section 2605(k) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(k) ) is amended— (1) in paragraph (1), by striking 15 percent and inserting 25 percent ; and (2) in paragraph (2)— (A) in subparagraph (A), in the matter preceding clause (i)— (i) by striking subparagraph (B) and inserting subparagraph (C) ; and (ii) by striking the greater of 25 percent and inserting a portion equal to the greater of 35 percent ; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: (B) The State— (i) shall, to the extent practicable— (I) use the portion described in subparagraph (A) for energy-related home repair that reduces dependence on fossil fuel energy sources; and (II) use the portion to facilitate the use of funds made available under section 2602(b) to increase the participation of eligible households in community solar programs, or to otherwise increase access to and ownership of distributed renewable energy infrastructure among eligible households; and (ii) shall if possible give the highest priority to using the portion for home repair that replaces appliances that rely on fossil fuels with appliances that use electric heating or cooling technology, powered by renewable energy. . 10. Home energy arrears Section 2605 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624 ), as amended, is further amended by adding at the end the following: (q) (1) In providing assistance through the program funded under section 2602(b), a State, or any other person with which the State makes arrangements to carry out the objectives of this title, shall provide assistance (in addition to any other assistance available) for home energy arrears for any eligible household. (2) Not later than 1 year after the date of enactment of the Heating and Cooling Relief Act, the Secretary shall, in consultation with the Secretary of Energy, issue guidance on best practices for States (including through partnerships with home energy suppliers) to pay for home energy arrears with assistance provided through the program, including by paying for such arrears at the time of dissemination of that assistance. (3) To the extent practicable, the Secretary and the Secretary of Energy, shall jointly— (A) implement a data tracking system to collect aggregate data regarding the number of eligible households in arrears and their respective energy burdens and develop recommendations to HEAP coordinators on how to minimize energy burdens for the households; and (B) issue guidance to home energy suppliers with recommendations for working with State agencies to address home energy arrears of eligible households. . 11. Program name change (a) LIHEAP The Low-Income Home Energy Assistance Act of 1981 is amended— (1) in section 2607A(b) ( 42 U.S.C. 8626a(b) ), in the matter preceding paragraph (1), by striking low-income the first place it appears; and (2) in section 2607B(e)(2)(B)(ii) (42 U.S.C.8626b(e)(2)(B)(ii)), by striking Low-Income . (b) Other law A reference in any other Federal law (other than that Act), Executive order, rule, regulation, or delegation of authority, or any document, of or relating to the Low-Income Home Energy Assistance Program, shall be deemed to refer to the Home Energy Assistance Program. 12. Just transition grants The Low-Income Home Energy Assistance Act of 1981 is amended by inserting after section 2607B ( 42 U.S.C. 8626b ) the following: 2607C. HEAP just transition grants (a) Grant program The Secretary and the Secretary of Energy shall jointly carry out a grant program under this section. In carrying out the program, the Secretaries shall make grants to States and local governments to support the development and implementation of interagency plans to reduce energy burdens for eligible households with high home energy use. The plans shall promote the reduction of those burdens in a manner that supports a just transition away from fossil fuel energy and protects eligible households from the threats of climate change. The Secretaries shall make the grants for a period of 3 years. (b) Preferences In making the grants, the Secretary shall give a preference to States, and local governments, who set up coordination systems— (1) to identify eligible households, that are recipients of assistance through the program funded under section 2602(b), with high home energy use; (2) to prioritize those eligible households to receive emergency repair, weatherization, and retrofit assistance that results in decarbonization and reductions in energy use; and (3) to partner with entities carrying out workforce development initiatives, unions, or minority or women-owned business enterprises to provide emergency repairs, weatherization, and retrofit assistance. (c) Report to Congress At the conclusion of the 3-year grant period, the Secretaries shall— (1) conduct an evaluation of the program’s outcomes; and (2) prepare and submit to Congress a report containing the results of the evaluation and policy recommendations. .