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Code · BILL · 114th Congress · S. 2012 (Engrossed in Senate) — To provide for the modernization of the energy policy of the United States, and for other purposes. · Sec. 1012

Sec. 1012. Weatherization Assistance Program

1,461 words·~7 min read·/bill/114/s/2012/es/section-1012

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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 $350,000,000 for each of fiscal years 2016 through 2020. . The Energy Conservation and Production Act is amended by inserting after section 414B ( 42 U.S.C. 6864b ) the following: The purposes of this section are— to expand the number of low-income, single-family and multifamily homes that receive energy efficiency retrofits; to promote innovation and new models of retrofitting low-income homes through new Federal partnerships with covered organizations that leverage substantial donations, donated materials, volunteer labor, homeowner labor equity, and other private sector resources; to assist the covered organizations in demonstrating, evaluating, improving, and replicating widely the model low-income energy retrofit programs of the covered organizations; and to ensure that the covered organizations make the energy retrofit programs of the covered organizations self-sustaining by the time grant funds have been expended.
In this section: The term covered organization means an organization that— 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 has an established record of constructing, renovating, repairing, or making energy efficient a total of not less than 250 owner-occupied, single-family or multifamily homes per year for low-income households, either directly or through affiliates, chapters, or other direct partners (using the most recent year for which data are available).
The term low-income means an income level that is not more than 200 percent of the poverty level (as determined in accordance with criteria established by the Director of the Office of Management and Budget) applicable to a family of the size involved, except that the Secretary may establish a higher or lower level if the Secretary determines that a higher or lower level is necessary to carry out this section. The term Weatherization Assistance Program for Low-Income Persons means the program established under this part (including part 440 of title 10, Code of Federal Regulations, or successor regulations).
The Secretary shall make grants to covered organizations through a national competitive process for use in accordance with this section. In making grants under this section, the Secretary shall consider— the number of low-income homes the applicant— has built, renovated, repaired, or made more energy efficient as of the date of the application; and can reasonably be projected to build, renovate, repair, or make energy efficient during the 10-year period beginning on the date of the application; the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal funds; the number and diversity of States and climates in which the applicant works as of the date of the application; 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; the extent to which the applicant could successfully replicate the energy retrofit program of the applicant and sustain the program after the grant funds have been expended; regional diversity; urban, suburban, and rural localities; and such other factors as the Secretary determines to be appropriate.
Not later than 180 days after the date of enactment of this section, the Secretary shall request proposals from covered organizations. 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. Not later than 90 days after the date of issuance of a request for proposals, the Secretary shall award grants under this section. A grant under this section may be used for— energy efficiency audits, cost-effective retrofit, and related activities in different climatic regions of the United States; energy efficiency materials and supplies; organizational capacity— to significantly increase the number of energy retrofits; to replicate an energy retrofit program in other States; and to ensure that the program is self-sustaining after the Federal grant funds are expended; energy efficiency, audit and retrofit training, and ongoing technical assistance; information to homeowners on proper maintenance and energy savings behaviors; quality control and improvement; data collection, measurement, and verification; program monitoring, oversight, evaluation, and reporting; management and administration (up to a maximum of 10 percent of the total grant); labor and training activities; and such other activities as the Secretary determines to be appropriate.
The amount of a grant provided under this section shall not exceed— if the amount made available to carry out this section for a fiscal year is $225,000,000 or more, $5,000,000; and if the amount made available to carry out this section for a fiscal year is less than $225,000,000, $1,500,000. The total amount of a grant provided under this section shall be reduced by the cost of any technical and training assistance provided by the Secretary that relates to the grant. Not later than 90 days after the date of enactment of this section, the Secretary shall issue guidelines to implement the grant program established under this section.
The guidelines— shall not apply to the Weatherization Assistance Program for Low-Income Persons, in whole or major part; but may rely on applicable provisions of law governing the Weatherization Assistance Program for Low-Income Persons to establish— standards for allowable expenditures; a minimum savings-to-investment ratio; standards— to carry out training programs; to conduct energy audits and program activities; to provide technical assistance; to monitor program activities; and to verify energy and cost savings; liability insurance requirements; and 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.
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. 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. The Secretary shall submit to Congress annual reports that provide— findings; a description of energy and cost savings achieved and actions taken under this section; and any recommendations for further action.
Of the amount of funds that are made available to carry out the Weatherization Assistance Program for each of fiscal years 2016 through 2020 under section 422, the Secretary shall use to carry out this section for each of fiscal years 2016 through 2020 not less than— 2 percent of the amount if the amount is less than $225,000,000; 5 percent of the amount if the amount is $225,000,000 or more but less than $260,000,000; and 10 percent of the amount if the amount is $260,000,000 or more. .
Section 415 of the Energy Conservation and Production Act ( 42 U.S.C. 6865 ) is amended by adding at the end the following: Effective beginning January 1, 2016, 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— accredited by the Building Performance Institute; an Energy Smart Home Performance Team accredited under the Residential Energy Services Network; or accredited by an equivalent accreditation or program accreditation-based State certification program approved by the Secretary.
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— is certified or accredited in accordance with paragraph (1); and supervises the work performed with grant funds. 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.
The Secretary shall use training and technical assistance funds available to the Secretary to assist covered organizations under section 414C in providing training to obtain certification required under this subsection, including provisional or temporary certification. Effective beginning October 1, 2016, the Secretary shall ensure that— 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; at least 10 percent of the dwelling units are randomly inspected by a third party accredited under this subsection to ensure compliance with the minimum efficiency and quality of work standards established under subparagraph (A); and 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. .
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Weatherization Assistance Program
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