Bill Summary
The "Heating and Cooling Relief Act" seeks to amend the Low-Income Home Energy Assistance Act of 1981 in order to increase availability of heating and cooling assistance for low-income households, address the impact of climate change on such households, and provide further funding for cooling assistance and weatherization efforts. It also outlines provisions for emergency situations and defines key terms such as "HEAP coordinator" and "covered household." Additionally, the legislation adds a new subsection to the Act which allows the Secretary to provide grants for additional cooling assistance during heat events. The legislation also amends conditions for funding under the Act, including the use of toxin-free materials for emergency home repairs and the expansion of the program to operate year-round. It also increases the amount of funding for weatherization and establishes a grant program to reduce energy burdens for eligible households with high energy use.
Possible Impacts
1. Low-income households will have increased access to heating and cooling assistance, helping them better cope with the effects of climate change and extreme weather events.
2. State programs will be required to expand and operate year-round, providing more comprehensive assistance to low-income families who struggle with energy costs.
3. The legislation aims to promote the use of renewable energy and reduce dependence on fossil fuels, potentially leading to lower energy costs for eligible households and a more environmentally sustainable future.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 405 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 405
To amend the Low-Income Home Energy Assistance Act of 1981 to increase
the availability of heating and cooling assistance, and for other
purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heating and Cooling Relief Act''.
SEC. 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.
SEC. 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.''.
SEC. 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).''.
SEC. 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.''.
SEC. 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.''.
SEC. 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''.
SEC. 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.''.
SEC. 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.''.
SEC. 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.''.
SEC. 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.
SEC. 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:
``SEC. 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.''.
<all>