Sec. 5. Assistance for home energy service and household drinking water and wastewater services

1,229 words·~6 min read·/bill/116/s/4519/is/section-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section: The term home energy service means a service to provide home energy, as such term is defined in section 2603 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8622 ), and electric service, as that term is used in the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq.). The term household drinking water and wastewater services has the meaning given that term in section 1459A(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–19a(a)(2)).

The term Indian Tribe — used with respect to assistance for home energy, means— an Indian tribe within the meaning of section 2604(d) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8623(d) ); and an entity that is eligible to receive funds under that section on behalf of an Indian tribe described in clause (i); and used with respect to assistance for household drinking water and wastewater services, means any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation, as defined in section 518(h) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377 ).

The term municipality has the meaning given such term in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ). The term public health emergency means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ). The term public health emergency period has the meaning given the term emergency period in that section 1135(g)(1)(B). The term public water system has the meaning given that term in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f ).

The term Secretary means the Secretary of Health and Human Services. The term State means— any of the 50 States, and the District of Columbia; and the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. The Secretary shall make grants from allotments and payments described in subsection

(d)to States and Indian Tribes to assist low-income households, particularly those with the lowest incomes, that pay a high proportion of household income for home energy service and household drinking water and wastewater services. Half of the funds for each such grant shall be made available from funds appropriated under subsection (k)(1), and half from funds appropriated under subsection (k)(2). In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall use the existing (as of the date of implementation) systems in place to carry out the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq.) as the Secretary determines appropriate. The Secretary shall allot to each State an amount that bears the same relationship to the funds appropriated under this section and available for carrying out this subsection as the number of individuals with a household income of less than 200 percent of the poverty line in that State bears to the total number of such individuals in all States. At the request of an Indian Tribe in a State, the Secretary shall reserve, from the amount that would otherwise be payable to such State from the allotment under paragraph

(1)for the fiscal year involved, a payment for the Indian Tribe in a sum determined to be appropriate by the Secretary. Not later than 15 days after determining the amounts of allotments and payments for States and Indian Tribes pursuant to this subsection, and prior to making grants under this section, the Secretary shall notify Congress of such amounts. Each State or Indian Tribe desiring to receive a grant under this section shall agree to— establish or maintain in effect a moratorium policy to ensure that no home energy service, household drinking water service, or wastewater service to an individual or household, that is regulated or provided by the State or Indian Tribe or subrecipient of grant funds from the State or Tribe, shall be or remain disconnected (including interrupted) until the end of the period of the applicable repayment plan described in paragraph (2)(B); and ensure that the moratorium policy provides, and requires a subrecipient of grant funds to provide— for a waiver of applicable interest or penalties on a late payment for home energy, household drinking service, or wastewater service, if the late payment is related to an arrearage that occurred during the public health emergency period; and for a repayment plan of at least 18 months in duration, beginning on the last date of the public health emergency period, based on the household income of the household involved, for any remaining late payment described in subparagraph

(A)that is not covered by funding provided under this section. A State or Indian Tribe that receives a grant under this Act shall use the grant funds to assist low-income households by paying for late home energy service payments and late household drinking water and wastewater services payments, and reconnection fees for households who have been disconnected from any type of service specified in this subsection due to nonpayment, if the related arrearages and disconnections occurred during the public health emergency period. To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with home energy service providers, local governments, nonprofit organizations associated with providing home energy services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section. To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with public water systems, municipalities, nonprofit organizations associated with providing household drinking water and wastewater services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section. In determining whether a household in a State or under the jurisdiction of an Indian Tribe is considered low-income for the purposes of this Act, the State or Indian Tribe shall— ensure that, at a minimum, all households with a household income at or below 200 percent of the Federal poverty line are included as low-income households; ensure that households already eligible for assistance under the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq.) are included as low-income households; and consider households that have not previously received assistance under the Low-Income Home Energy Assistance Act of 1981 in the same manner as households that have previously received such assistance. The Secretary shall require each State and Indian Tribe receiving a grant under subsection

(b)to undertake periodic audits and evaluations of expenditures made by such State or Indian Tribe pursuant to this section. The Secretary shall prepare reports on the results of activities carried out pursuant to this section and submit the reports to Congress— not later than 1 year after the date of enactment of this Act; and upon disbursement of all funds appropriated to carry out this section. There is authorized to be appropriated to the Secretary to carry out this section— $10,000,000,000 for grant funds and administration relating to assistance for home energy service; and $10,000,000,000 for grant funds and administration relating to assistance for household drinking water and wastewater services. Sums appropriated under paragraph

(1)shall remain available until expended.

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