PRINTER'S NO. 699

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.).
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     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
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     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.










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