[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4345 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Weatherization
Enhancement, and Local Energy Efficiency Investment and Accountability
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--WEATHERIZATION ASSISTANCE PROGRAM
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.
SEC. 2. FINDINGS.
Congress finds that--
(1) the State energy program established under part D of
title III of the Energy Policy and Conservation Act (42 U.S.C.
6321 et seq.) (referred to in this section as ``SEP'') and the
Weatherization Assistance Program for Low-Income Persons
established under part A of title IV of the Energy Conservation
and Production Act (42 U.S.C. 6861 et seq.) (referred to in
this section as ``WAP'') have proven to be beneficial, long-
term partnerships among Federal, State, and local partners;
(2) the SEP and the WAP have been reauthorized on a
bipartisan basis over many years to address changing national,
regional, and State circumstances and needs, especially
through--
(A) the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.);
(B) the Energy Conservation and Production Act (42
U.S.C. 6801 et seq.);
(C) the State Energy Efficiency Programs
Improvement Act of 1990 (Public Law 101-440; 104 Stat.
1006);
(D) the Energy Policy Act of 1992 (42 U.S.C. 13201
et seq.);
(E) the Energy Policy Act of 2005 (42 U.S.C. 15801
et seq.); and
(F) the Energy Independence and Security Act of
2007 (42 U.S.C. 17001 et seq.);
(3) the SEP, also known as the ``State energy conservation
program''--
(A) was first created in 1975 to implement a State-
based, national program in support of energy
efficiency, renewable energy, economic development,
energy emergency preparedness, and energy policy; and
(B) has come to operate in every sector of the
economy in support of the private sector to improve
productivity and has dramatically reduced the cost of
government through energy savings at the State and
local levels;
(4) Federal laboratory studies have concluded that, for
every Federal dollar invested through the SEP, more than $7 is
saved in energy costs and almost $11 in non-Federal funds is
leveraged;
(5) the WAP--
(A) was first created in 1976 to assist low-income
families in response to the first oil embargo;
(B) has become the largest residential energy
conservation program in the United States, with more
than 7,100,000 homes weatherized since the WAP was
created;
(C) saves an estimated 35 percent of consumption in
the typical weatherized home, yielding average annual
savings of $437 per year in home energy costs;
(D) has created thousands of jobs in both the
construction sector and in the supply chain of
materials suppliers, vendors, and manufacturers who
supply the WAP;
(E) returns $2.51 in energy savings for every
Federal dollar spent in energy and nonenergy benefits
over the life of weatherized homes;
(F) serves as a foundation for residential energy
efficiency retrofit standards, technical skills, and
workforce training for the emerging broader market and
reduces residential and power plant emissions of carbon
dioxide by 2.65 metric tons each year per home; and
(G) has decreased national energy consumption by
the equivalent of 24,100,000 barrels of oil annually;
(6) the WAP can be enhanced with the addition of a targeted
portion of Federal funds through an innovative program that
supports projects performed by qualified nonprofit
organizations that have a demonstrated capacity to build,
renovate, repair, or improve the energy efficiency of a
significant number of low-income homes;
(7) the WAP has increased energy efficiency opportunities
by promoting new, competitive public-private sector models of
retrofitting low-income homes through new Federal partnerships;
(8) improved monitoring and reporting of the work product
of the WAP has yielded benefits, and expanding independent
verification of efficiency work will support the long-term
goals of the WAP;
(9) reports of the Government Accountability Office in
2011, Inspector General of the Department of Energy, and State
auditors have identified State-level deficiencies in monitoring
efforts that can be addressed in a manner that will ensure that
WAP funds are used more effectively;
(10) through the history of the WAP, the WAP has evolved
with improvements in efficiency technology, including, in the
1990s, many States adopting advanced home energy audits, which
has led to great returns on investment; and
(11) as the home energy efficiency industry has become more
performance-based, the WAP should continue to use those
advances in technology and the professional workforce.
TITLE I--WEATHERIZATION ASSISTANCE PROGRAM
SEC. 101. 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 the period at the end and inserting ``appropriated
$450,000,000 for each of fiscal years 2015 through 2019.''.
SEC. 102. GRANTS TO ELIGIBLE HOUSING AND NONPROFIT ORGANIZATIONS.
The Energy Conservation and Production Act is amended by inserting
after section 414B (42 U.S.C. 6864b) the following:
``SEC. 414C. GRANTS TO ELIGIBLE HOUSING AND NONPROFIT ORGANIZATIONS.
``(a) Purposes.--The purposes of this section are--
``(1) to expand the number of low-income, single-family and
multifamily homes that receive energy efficiency retrofits;
``(2) to promote innovation and new models of retrofitting
low-income homes through new Federal partnerships with covered
organizations that leverage donations, donated materials,
volunteer labor, homeowner labor equity, and other private
sector resources;
``(3) to assist the covered organizations in demonstrating,
evaluating, improving, and replicating widely the model low-
income energy retrofit programs of the covered organizations;
and
``(4) to ensure that the covered organizations make the
energy retrofit projects undertaken by the covered
organizations with awarded funds self-sustaining by the time
grant funds have been expended.
``(b) Definition.--In this section, the term `covered organization'
means an organization that--
``(1) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under 501(a) of
that Code; and
``(2) has an established record of constructing,
renovating, repairing, or making energy efficient an aggregate
quantity of not less than 250 owner-occupied, single-family or
multifamily homes for low-income households, either directly or
through affiliates, chapters, or other direct partners (using
the most recent year for which data are available).
``(c) In General.--The Secretary shall make grants to covered
organizations through a national competitive process for use in
accordance with this section.
``(d) Award Factors.--In making grants under this section, the
Secretary shall consider--
``(1) the number of low-income homes the applicant--
``(A) has built, renovated, repaired, or made more
energy efficient as of the date of the application; and
``(B) can reasonably be projected to build,
renovate, repair, or make energy efficient during the
grant period beginning on the date of the application;
``(2) the qualifications, experience, and past performance
of the applicant, including experience successfully managing
and administering Federal funds;
``(3) the number and diversity of States, communities, and
climates in which the applicant works and the diversity of
housing types requiring weatherization as of the date of the
application;
``(4) the amount of non-Federal funds, donated or
discounted materials, discounted or volunteer skilled labor,
volunteer unskilled labor, homeowner labor equity, and other
resources the applicant will provide;
``(5) the extent to which the applicant could successfully
replicate the proposed energy retrofit project and sustain the
project after the grant funds have been expended; and
``(6) such other factors as the Secretary determines to be
appropriate.
``(e) Applications.--
``(1) In general.--Not later than 120 days after the date
of enactment of this section, the Secretary shall solicit
proposals from covered organizations.
``(2) Administration.--To be eligible to receive a grant
under this section, an applicant shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(3) Awards.--Not later than 90 days after the closing
date established by the Secretary for receipt of proposals, the
Secretary shall award grants under this section.
``(f) Eligible Uses of Grant Funds.--A grant under this section may
be used to--
``(1) conduct energy efficiency audits;
``(2) perform cost-effective retrofit and related
weatherization activities, including purchase of energy
efficient materials and supplies;
``(3) conduct training activities and provide ongoing
technical assistance;
``(4) provide information to homeowners on proper
maintenance and energy savings behaviors;
``(5) conduct data collection, measurement, and
verification activities to facilitate program monitoring,
oversight, evaluation, and reporting;
``(6) manage and administer the grant (up to a maximum of
10 percent of the total grant); and
``(7) obtain and conduct such other materials and
activities as the Secretary determines to be appropriate.
``(g) Maximum Amount.--The amount of a grant provided under this
section shall not exceed $5,000,000.
``(h) Guidelines.--
``(1) In general.--Not later than 60 days after the date of
enactment of this section, the Secretary shall issue guidelines
to implement the grant program established under this section.
``(2) Administration.--The guidelines shall establish--
``(A) criteria for allowable expenditures;
``(B) a methodology to determine a minimum energy
savings-to-investment ratio;
``(C) criteria for--
``(i) the conduct of weatherization
training programs;
``(ii) the conduct of energy audits and
program activities;
``(iii) the conduct of project monitoring
activities; and
``(iv) the use of methodologies to verify
energy and cost savings;
``(D) liability insurance requirements; and
``(E) recordkeeping requirements, which shall
include reporting to the Office of Weatherization and
Intergovernmental Programs of the Department of Energy
applicable data on each home retrofitted.
``(i) Review and Evaluation.--The Secretary shall review and
evaluate the performance of any covered organization that receives a
grant under this section (which may include an audit), as determined by
the Secretary.
``(j) Compliance With State and Local Law.--Nothing in this section
or any program carried out using a grant provided under 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.
``(k) Annual Reports.--The Secretary shall submit to Congress
annual reports that provide a description of energy and cost savings
achieved and actions taken under this section.
``(l) Funding.--Of the funds made available to carry out this part
for each of fiscal years 2015 through 2019 under section 422, the
Secretary shall make available to carry out this section--
``(1) 2 percent of the amount if less than $225,000,000 is
available;
``(2) 5 percent of the amount if $225,000,000 or more but
less than $260,000,000 is available;
``(3) 10 percent of the amount if $260,000,000 or more but
less than $400,000,000 is available; and
``(4) 20 percent of the amount if $400,000,000 or more is
available.''.
SEC. 103. QUALITY ASSURANCE PROGRAM.
Section 415 of the Energy Conservation and Production Act (42
U.S.C. 6865) is amended by adding at the end the following:
``(f) Quality Assurance Program.--
``(1) Contractor qualification.--Effective beginning
January 1, 2015, to be eligible to carry out weatherization
using funds made available under this part, a contractor shall
be selected through a competitive bidding process and be--
``(A) accredited by the Building Performance
Institute;
``(B) an Energy Smart Home Performance Team
accredited under the Residential Energy Services
Network; or
``(C) accredited by an equivalent accreditation or
program accreditation-based State certification program
approved by the Secretary.
``(2) Grants to nonprofit organizations.--
``(A) In general.--To be eligible to receive a
grant under section 414C, a covered organization (as
defined in section 414C(b)) shall use a crew chief
who--
``(i) is certified or accredited in
accordance with paragraph (1); and
``(ii) supervises the work performed with
grant funds.
``(B) Volunteer labor.--A volunteer who performs
work for a covered organization that receives a grant
under section 414C shall not be required to be
certified under this subsection if the volunteer is not
directly installing or repairing mechanical equipment
or other items that require skilled labor.
``(3) Minimum efficiency standards.--Effective beginning
October 1, 2015, the Secretary shall ensure that--
``(A) each retrofit for which weatherization
assistance is provided under this part meets minimum
efficiency and quality of work standards established by
the Secretary after weatherization of a dwelling unit;
``(B) at least 10 percent of such dwelling units
are randomly inspected by a third party accredited as
described in paragraph (1) (A) through (C) to ensure
compliance with the minimum efficiency and quality of
work standards established under subparagraph (A); and
``(C) the standards established under this
subsection meet or exceed the industry standards for
home performance work that are in effect on the date of
enactment of this subsection, as determined by the
Secretary.''.
TITLE II--STATE ENERGY PROGRAMS
SEC. 201. REAUTHORIZATION OF STATE ENERGY PROGRAMS.
Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C.
6325(f)) is amended by striking ``$125,000,000 for each of fiscal years
2007 through 2012'' and inserting ``$75,000,000 for each of fiscal
years 2015 through 2019''.
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