PRINTER'S NO. 699
No. 631 Session of 1983
INTRODUCED BY LAUGHLIN, KUKOVICH, WAMBACH, BURNS, PETRARCA, FREEMAN, D. R. WRIGHT, McHALE, LESCOVITZ, COLAFELLA, SERAFINI, STEVENS AND COSLETT, MARCH 23, 1983
REFERRED TO COMMITTEE ON FEDERAL-STATE RELATIONS, MARCH 23, 1983
AN ACT 1 Creating an Energy Conservation Account; establishing a 2 Supplemental Low-Income Weatherization Program; and making an 3 appropriation. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Energy 8 Conservation Grant Act. 9 Section 2. Legislative findings. 10 The General Assembly hereby finds and declares that: 11 (1) There are and will be funds available to the 12 Commonwealth due to settlements of litigation brought by the 13 United States Department of Energy against oil companies and 14 refineries for alleged violations of the Federal Petroleum 15 Price Allocation Regulations. 16 (2) In accordance with these settlements and the Further 17 Continuing Appropriations Act of 1983, adopted by Congress in
1 December 1982 (House Joint Resolution 631), these moneys are 2 to be distributed to the states for specific energy 3 conservation programs. It is inappropriate to use these funds 4 for other purposes. 5 (3) In recognition of the severe economic plight of low- 6 income persons in the Commonwealth, the high and rising costs 7 of energy, the contribution of high energy prices to the 8 Commonwealth's depressed economic condition and the 9 substantial reduction in energy consumption which is known to 10 result from effective weatherization, the General Assembly 11 considers it sound public policy to provide additional 12 funding for weatherization for low-income persons as further 13 specified in this act, and further that such a program is a 14 legitimate use of these funds. 15 Section 3. Definitions. 16 The following words and phrases when used in this act shall 17 have the meanings given to them in this section unless the 18 context clearly indicates otherwise: 19 "Energy conservation programs." Includes any of the 20 following: 21 (1) The programs established under Part A of the Energy 22 Conservation in Existing Buildings Act of 1976 (42 U.S.C. § 23 6861 et seq.). 24 (2) The programs established under Parts D or G of Title 25 III of the Energy Policy and Conservation Act (42 U.S.C. § 26 6201 et seq.). 27 (3) The programs established under the National Energy 28 Extension Service Act (42 U.S.C. § 6371 et seq.). 29 (4) The programs established under the National Energy 30 Extension Service Act (42 U.S.C. § 7001 et seq.). 19830H0631B0699 - 2 -
1 (5) The programs under the Low-Income Home Energy 2 Assistance Act of 1981 (42 U.S.C. § 8621 et seq.). 3 "Household." Any individual or group of individuals who are 4 living together as one economic unit and whose residential 5 energy is customarily purchased in common or who make 6 undesignated payments for energy in the form of rent. A roomer 7 and boarder who is related to any member of the applicant 8 household is considered to be a member of the household. 9 Section 4. Establishment of account. 10 There is hereby created an Energy Conservation Account. All 11 funds available to the Commonwealth due to settlements of 12 litigation brought by the United States Department of Energy 13 against oil companies and refineries for alleged violations of 14 the Federal Petroleum Price Allocation Regulations, including 15 funds available due to the Sohio Consent Decree and from the 16 Federal Petroleum Violation Escrow Account, as referred to in 17 the Further Continuing Appropriations Act of 1983, shall be kept 18 in this account. These funds shall be used only for grants for 19 energy conservation programs. 20 Section 5. Supplemental Low-Income Weatherization Program. 21 (a) Program established.--There is hereby established a 22 Supplemental Low-Income Weatherization Program. 23 (b) Eligibility.--Households applying for benefits under 24 this program shall meet the following eligibility requirements: 25 (1) Households to be eligible for this program will be 26 those dwelling units occupied by persons with annual income 27 at or below 125% of the Federal Poverty Guidelines or contain 28 a member who has during the past 12 months received cash 29 assistance under Title IV or Title XVI of the Social Security 30 Act (42 U.S.C. §§ 601-662) and section 2605(b)(2) of the 19830H0631B0699 - 3 -
1 Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 2 95 Stat. 357). 3 (2) In addition to the income eligibility requirements 4 specified in paragraph (1), households applying for benefits 5 under this act shall meet the eligibility requirements for 6 energy crisis assistance as provided for by the Omnibus 7 Budget Reconciliation Act of 1981, pursuant to the authority 8 of section 201(2) of the act of June 13, 1967 (P.L.31, 9 No.21), known as the Public Welfare Code. 10 (c) Administration of program.--The Department of Community 11 Affairs shall administer this program in a manner consistent 12 with the weatherization component of the Low-Income Home Energy 13 Assistance Act of 1981, of the Omnibus Budget Reconciliation Act 14 of 1981 (42 U.S.C. § 8621 et seq.). Community action agencies, 15 county assistance offices or other county, local, municipal or 16 nonprofit agencies which administer energy crisis assistance or 17 weatherization programs through the Department of Public Welfare 18 may apply for portions of these funds. The Department of 19 Community Affairs shall establish regulations for the 20 application for these funds. Such guidelines shall be consistent 21 with those established for such other programs as specified in 22 this section. In determining the amount of funds which each 23 agency is to receive, the department shall establish a formula 24 consistent with existing allocation formulas so as to ensure a 25 cost effective weatherization program. Proposed regulations 26 shall be issued 30 days after the effective date of this act. 27 (d) Weatherization standards.--At a minimum, the Federal 28 standards for weatherization, as provided in the Commonwealth's 29 State Plan for the Low-Income Home Energy Assistance Program as 30 it relates to a weatherization assistance program for low-income 19830H0631B0699 - 4 -
1 persons, pursuant to the Energy Conservation and Production Act, 2 Title IV-A, (42 U.S.C. § 6861 et seq.), shall apply. 3 (e) Limit on administrative costs.--No more than 10% of the 4 annual appropriation for this act shall be used for planning and 5 administrative costs, consistent with section 2605(b)(9) of the 6 Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. § 8621 et 7 seq.). 8 Section 6. Appropriation. 9 For the fiscal year July 1, 1983 to June 30, 1984, $1,400,000 10 is hereby appropriated from the Energy Conservation Account to 11 the Department of Community Affairs. In the event that further 12 moneys are placed in this account, additional appropriations may 13 be made by further act of the General Assembly. 14 Section 7. Effective date. 15 This act shall take effect in 60 days. C15L58JRW/19830H0631B0699 - 5 -