42 U.S.C. § 8626b — Residential Energy Assistance Challenge

Page 7641 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8626b scribed in subsection (b), each State shall pre- pare and submit, to the Secretary, a report that quantifies the leveraged resources of such State in order to qualify for assistance under this sec- tion for the following fiscal year. (f) Determination of State share; regulations; documentation The Secretary shall determine the share of each State of the amounts made available under this section based on the formula described in subsection (c) and the State reports. The Sec- retary shall promulgate regulations for the cal- culation of the leveraged resources of the State and for the submission of supporting docu- mentation. The Secretary may request any doc- umentation that the Secretary determines nec- essary for the verification of the application of the State for assistance under this section. (Pub. L. 97–35, title XXVI, § 2607A, as added Pub. L. 101–501, title VII, § 707(a), Nov. 3, 1990, 104 Stat. 1260; amended Pub. L. 103–252, title III, § 311(a)(2), (c)(6), May 18, 1994, 108 Stat. 661, 662.) Editorial Notes AMENDMENTS 1994—Subsec. (c)(2). Pub. L. 103–252, § 311(c)(6), sub- stituted ‘‘0.08 percent’’ for ‘‘.0008 percent’’. Subsec. (e). Pub. L. 103–252, § 311(a)(2), substituted ‘‘2 months after the close of the fiscal year during which the State provided leveraged resources to eligible households, as described in subsection (b) of this sec- tion’’ for ‘‘July 31, of each year’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–252 effective Oct. 1, 1994, see section 314 of Pub. L. 103–252, set out as a note under section 8621 of this title. EFFECTIVE DATE Section effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as an Effective Date of 1990 Amendment note under section 8621 of this title. § 8626b. Residential Energy Assistance Challenge option (R.E.A.Ch.) (a) Purpose The purpose of the Residential Energy Assist- ance Challenge (in this section referred to as ‘‘R.E.A.Ch.’’) program is to— (1) minimize health and safety risks that re- sult from high energy burdens on low-income Americans; (2) prevent homelessness as a result of in- ability to pay energy bills; (3) increase the efficiency of energy usage by low-income families; and (4) target energy assistance to individuals who are most in need. (b) Funding (1) Allocation For each fiscal year, the Secretary may allo- cate not more than 25 percent of the amount made available pursuant to section 8621(d) of this title for such fiscal year to a R.E.A.Ch. fund for the purpose of making incentive grants to States that submit qualifying plans that are approved by the Secretary as R.E.A.Ch. initiatives. States may use such grants for the costs of planning, imple- menting, and evaluating the initiative. (2) Reservation The Secretary shall reserve from any funds allocated under this subsection, funds to make additional payments to State R.E.A.Ch. pro- grams that— (A) have energy efficiency education serv- ices plans that meet quality standards es- tablished by the Secretary in consultation with the Secretary of Energy; and (B) have the potential for being replicable model designs for other programs. States shall use such supplemental funds for the implementation and evaluation of the en- ergy efficiency education services. (c) Criteria (1) In general Not later than May 31, 1995, the Secretary shall establish criteria for approving State plans required by subsection (a), for energy ef- ficiency education quality standards described in subsection (b)(2)(A), and for the distribution of funds to States with approved plans. (2) Documentation Notwithstanding the limitations of section 8624(b) of this title regarding the authority of the Secretary with respect to plans, the Sec- retary may require a State to provide appro- priate documentation that its R.E.A.Ch. ac- tivities conform to the State plan as approved by the Secretary. (d) Focus The State may designate all or part of the State, or all or part of the client population, as a focus of its R.E.A.Ch. initiative. (e) State plans (1) In general Each State plan shall include each of the elements described in paragraph (2), to be met by State and local agencies. (2) Elements of State plans Each State plan shall include— (A) an assurance that such State will de- liver services through community-based nonprofit entities in such State, by— (i) awarding grants to, or entering into contracts with, such entities for the pur- pose of providing such services and pay- ments directly to individuals eligible for benefits; or (ii) if a State makes payments directly to eligible individuals or energy suppliers, making contracts with such entities to ad- minister such programs, including— (I) determining eligibility; (II) providing outreach services; and (III) providing benefits other than pay- ments; (B) an assurance that, in awarding grants or entering into contracts to carry out its R.E.A.Ch. initiative, the State will give pri- ority to organizations that— (i) are described in section 9902(1) of this title, except where significant geographic Page 7642 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8626b portions of the State are not served by such entities; (ii) the Secretary has determined have a record of successfully providing services under the Low-Income Home Energy As- sistance Program; and (iii) receive weatherization assistance program funds under part A of title IV of the Energy Conservation and Production Act [42 U.S.C. 6861 et seq.]; except that a State may not require any such entity to operate a R.E.A.Ch. program; (C) an assurance that, subject to subpara- graph (D), each entity that receives a grant or enters into a contract under subparagraph (A)(i) will provide a variety of services and benefits, including— (i) payments to, or on behalf of, individ- uals eligible for residential energy assist- ance services and benefits under section 8624(b) of this title for home energy costs; (ii) energy efficiency education; (iii) residential energy demand manage- ment services, including any other energy related residential repair and energy effi- ciency improvements in coordination with, or delivered by, Department of Energy weatherization assistance programs at the discretion of the State; (iv) family services, such as counseling and needs assessment, related to energy budget management, payment plans, and related services; and (v) negotiation with home energy sup- pliers on behalf of households eligible for R.E.A.Ch. services and benefits; (D) a description of the methodology the State and local agencies will use to deter- mine— (i) which households will receive one or more forms of benefits under the State R.E.A.Ch. initiative; (ii) the cases in which nonmonetary ben- efits are likely to provide more cost-effec- tive long-term outcomes than payment benefits alone; and (iii) the amount of such benefit required to meet the goals of the program; (E) a method for targeting nonmonetary benefits; (F) a description of the crisis and emer- gency assistance activities the State will undertake that are designed to— (i) discourage family energy crises; (ii) encourage responsible vendor and consumer behavior; and (iii) provide only financial incentives that encourage household payment; (G) a description of the activities the State will undertake to— (i) provide incentives for recipients of as- sistance to pay home energy costs; and (ii) provide incentives for vendors to help reduce the energy burdens of recipients of assistance; (H) an assurance that the State will re- quire each entity that receives a grant or en- ters into a contract under this section to so- licit and be responsive to the views of indi- viduals who are financially eligible for bene- fits and services under this section in estab- lishing its local program; (I) a description of performance goals for the State R.E.A.Ch. initiative including— (i) a reduction in the energy costs of par- ticipating households over one or more fis- cal years; (ii) an increase in the regularity of home energy bill payments by eligible house- holds; and (iii) an increase in energy vendor con- tributions towards reducing energy bur- dens of eligible households; (J) a description of the indicators that will be used by the State to measure whether the performance goals have been achieved; (K) a demonstration that the plan is con- sistent with section 8622 of this title, para- graphs (2), (3), (4), (5), (7), (9), (10), (11), (12), (13), and (14) of section 8624(b) of this title, subsections (d), (e), (f), (g), (h), (i), and (j) of section 8624 of this title, and section 8625 of this title; (L) an assurance that benefits and services will be provided in addition to other benefit payments and services provided under this subchapter and in coordination with such benefit payments and services; and (M) an assurance that no regulated utility covered by the plan will be required to act in a manner that is inconsistent with applica- ble regulatory requirements. (f) Cost or function None of the costs of providing services or ben- efits under this section shall be considered to be an administrative cost or function for purposes of any limitation on administrative costs or functions contained in this subchapter. (Pub. L. 97–35, title XXVI, § 2607B, as added Pub. L. 103–252, title III, § 312, May 18, 1994, 108 Stat. 662; amended Pub. L. 105–285, title III, § 308(c), (d), Oct. 27, 1998, 112 Stat. 2758.) Editorial Notes REFERENCES IN TEXT The Energy Conservation and Production Act, re- ferred to in subsec. (e)(2)(B)(iii), is Pub. L. 94–385, Aug. 14, 1976, 90 Stat. 1125. Part A of title IV of the Act is classified generally to part A (§ 6861 et seq.) of sub- chapter III of chapter 81 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6801 of this title and Tables. AMENDMENTS 1998—Subsec. (b)(1). Pub. L. 105–285, § 308(c), sub- stituted ‘‘For each fiscal year’’ for ‘‘For each of the fis- cal years 1996 through 1999’’. Subsec. (e)(2)(E) to (H). Pub. L. 105–285, § 308(d)(1)(A), redesignated subpars. (F) to (I) as (E) to (H), respec- tively. Subsec. (e)(2)(I). Pub. L. 105–285, § 308(d)(1)(A), redesig- nated subpar. (J) as (I). Former subpar. (I) redesignated (H). Subsec. (e)(2)(I)(i). Pub. L. 105–285, § 308(d)(1)(B), sub- stituted ‘‘of’’ for ‘‘on’’. Subsec. (e)(2)(J) to (N). Pub. L. 105–285, § 308(d)(1)(A), redesignated subpars. (K) to (N) as (J) to (M), respec- tively. Subsecs. (f), (g). Pub. L. 105–285, § 308(d)(2), redesig- nated subsec. (g) as (f). Page 7643 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8628a Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1994, see section 314 of Pub. L. 103–252, set out as an Effective Date of 1994 Amend- ment note under section 8621 of this title. EVALUATION AND REPORT ON RESIDENTIAL ENERGY ASSISTANCE CHALLENGE OPTION Pub. L. 105–285, title III, § 308(a), (b), Oct. 27, 1998, 112 Stat. 2758, provided that the Comptroller General of the United States would conduct an evaluation of the Resi- dential Energy Assistance Challenge program described in this section, and, not later than 2 years after Oct. 27, 1998, submit to Congress a report containing the find- ings of the evaluation and the State evaluations de- scribed in paragraphs (1) and (2) of subsec. (b) of this section. § 8627. Withholding of funds (a) Improper utilization of funds; response to complaints respecting improprieties (1) The Secretary shall, after adequate notice and an opportunity for a hearing conducted within the affected State, withhold funds from any State which does not utilize its allotment substantially in accordance with the provisions of this subchapter and the assurances such State provided under section 8624 of this title. (2) The Secretary shall respond in writing in no more than 60 days to matters raised in com- plaints of a substantial or serious nature that a State has failed to use funds in accordance with the provisions of this subchapter or the assur- ances provided by the State under section 8624 of this title. For purposes of this paragraph, a vio- lation of any one of the assurances contained in section 8624(b) of this title that constitutes a disregard of such assurance shall be considered a serious complaint. (b) Investigations; conduct, etc. (1) The Secretary shall conduct in several States in each fiscal year investigations of the use of funds received by the States under this subchapter in order to evaluate compliance with the provisions of this subchapter. (2) Whenever the Secretary determines that there is a pattern of complaints from any State in any fiscal year, the Secretary shall conduct an investigation of the use of funds received under this subchapter by such State in order to ensure compliance with the provisions of this subchapter. (3) The Comptroller General of the United States may conduct an investigation of the use of funds received under this subchapter by a State in order to ensure compliance with the provisions of this subchapter. (c) Inspection of books, documents, etc. Pursuant to an investigation conducted under subsection (b) of this section, a State shall make appropriate books, documents, papers, and records available to the Secretary or the Comp- troller General of the United States, or any of their duly authorized representatives, for exam- ination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request therefor. (d) Request for information not readily available In conducting any investigation under sub- section (b), the Secretary may not request any information not readily available to such State or require that any information be compiled, collected, or transmitted in any new form not already available. (Pub. L. 97–35, title XXVI, § 2608, Aug. 13, 1981, 95 Stat. 901; Pub. L. 98–558, title VI, § 608, Oct. 30, 1984, 98 Stat. 2893; Pub. L. 101–501, title VII, § 708, Nov. 3, 1990, 104 Stat. 1261.) Editorial Notes AMENDMENTS 1990—Subsec. (a)(2). Pub. L. 101–501 substituted ‘‘in writing in no more than 60 days to matters raised in’’ for ‘‘in an expeditious and speedy manner to’’. 1984—Subsec. (b)(2). Pub. L. 98–558 substituted ‘‘the Secretary’’ for ‘‘he’’ before ‘‘shall conduct’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–558 effective Oct. 30, 1984, see section 609(a) of Pub. L. 98–558 set out as a note under section 8621 of this title. § 8628. Limitation on use of grants for construc- tion Grants made under this subchapter may not be used by the State, or by any other person with which the State makes arrangements to carry out the purposes of this subchapter, for the pur- chase or improvement of land, or the purchase, construction, or permanent improvement (other than low-cost residential weatherization or other energy-related home repairs) of any build- ing or other facility. (Pub. L. 97–35, title XXVI, § 2609, Aug. 13, 1981, 95 Stat. 902.) § 8628a. Technical assistance, training, and com- pliance reviews (a) Of the amounts appropriated under section 8621(b) of this title for any fiscal year, not more than $300,000 of such amounts may be reserved by the Secretary— (1) to— (A) make grants to State and public agen- cies and private nonprofit organizations; or (B) enter into contracts or jointly financed cooperative arrangements or interagency agreements with States and public agencies (including Federal agencies) and private nonprofit organizations; to provide for training and technical assist- ance related to the purposes of this sub- chapter, including collection and dissemina- tion of information about programs and projects assisted under this subchapter, and ongoing matters of regional or national sig- nificance that the Secretary finds would assist in the more effective provision of services under this subchapter; or (2) to conduct onsite compliance reviews of programs supported under this subchapter. (b) No provision of this section shall be con- strued to prevent the Secretary from making a