HR5650-119

1. Short title This Act may be cited as the Weatherization Resilience and Adaptation Program Act.

2. Findings Congress finds the following: Human accelerated climate change is causing significant shifts in global surface and atmospheric temperatures, accelerating the frequency of extreme weather events around the globe. Extreme weather events create environmental hazards such as excessive flooding, fire, heat, wind, and drought that have catastrophic impacts on frontline communities, who experience the worst and most immediate impacts of our climate crisis and often bear the brunt of such events seasonally, creating a cyclical pattern of disruption and destruction. Individuals can take steps to prevent and mitigate the worst impacts of extreme weather events on their home and property by implementing resilience and adaptation best practices, but the cost of these solutions puts them out of reach for many households. Low-income homeowners and individuals who reside in affordable housing disproportionately live in areas that face the greatest threat from extreme weather events, yet can least afford the changes to their property to make them more resilient to disasters and adapted to the changing climate.

3. Definitions In this Act, the following definitions apply: The term climate change means long-term shifts in temperatures and weather patterns. The term climate-driven hazards means hazards, such as floods, wildfires, landslides, extreme heat, extreme wind, and atmospheric rivers that have a human, economic, and ecological impact with increased frequency. The term Director means the Director of National Institute of Standards and Technology. The term eligible program participant means— a State; a federally recognized Indian Tribe; and a Native Hawaiian organization. The term eligible property owner means— a low-income property owner; an owner of a property of which the deed, ground lease, or a loan for the improvement thereof has a restriction or covenant related to housing affordability which will not expire for at least 5 years following the receipt of funds awarded under this Act; an owner of a multifamily dwelling building where more than 50 percent of dwelling units are occupied by residents whose rent is subsidized under a covered housing program listed in section 41411(a)(3) of the Violence Against Women Act of 1994 (34 U.S.C. 12491(a)(3)); and an owner of a property used as a community of manufactured homes. The term low-income means income in relation to family size that is at or below 300 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, except that the Secretary may allow an eligible program participant to use a higher level if, after receiving a justification from such eligible program participant, the Secretary determines that such a higher level is necessary to carry out the purposes of this part and is consistent with the eligibility criteria established in this Act. The term manufactured home has the meaning given that term under section 603(6) of the Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402(6)). The term natural solutions means ways of adapting or making property more resilient to climate-driven hazards by making changes that imitate naturally occurring ecological functions that mitigate such hazards. The term resilience and adaptation standards means a set of building, landscaping, and construction guidelines for how property owners may preemptively mitigate the impacts of extreme precipitation, flooding, wildfires, heat, and other hazards attributable to global climate change in their dwellings and surrounding non-dwelling property. The term Secretary refers to the Secretary of the Interior. The term State means— a State; the District of Columbia; and any territory or possession of the United States.

4. Grant program Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a grant program to award grants to eligible program participants to assist eligible property owners with dwelling and property adaptations to increase their ability to withstand climate-driven hazards. Eligible program participants applying for a grant under this section shall— submit to the Secretary an application— at such time and in such manner as the Secretary determines appropriate; and containing a description of— the eligible activities to be undertaken with the grant funds; how eligible program participants will prioritize eligible property owners in awarding funding based on factors that take into account varying levels of disaster risk and means; how eligible property owners awarded funding will be required to report on their use of funds; and other information, as the Secretary determines appropriate; and if awarded funding under this Act, accept and process applications for funding from eligible property owners using an online system accessible on a smartphone or personal electronic device in addition to accepting and processing applications through a paper format. Eligible program participants— shall use funds awarded under this Act to award grants to eligible property owners for resilience and adaptation activities to mitigate the impacts of climate change, including related modifications needed to maintain the existing accessibility of a property to individuals with disabilities, as the Secretary may determine after the consultation prescribed under section 5(a); shall be required to conduct outreach to educate eligible property owners, regardless of whether such property owners have received funds awarded under this Act, about how they can make structural improvements to their homes and property; may use up to 15 percent of funds awarded under this Act for expenses related to administering such funds and for the outreach required under subparagraph (B); shall not add additional eligibility requirements that materially change who is eligible for funding under this Act or add procedural burdens that limit property owners from applying for, and receiving, funding according to rules promulgated under section 5 of this Act; shall only award grants for activities related to buildings, assets, or land located in areas where climate-driven hazards are more likely to occur as a result of climate change; and when awarding grants to the owner of a multifamily building— may require financial participation from such owner as a condition of awarding a grant for an activity with respect to that multifamily building; in the case of projects funded under this Act that involve the displacement of a resident from any occupied housing unit, shall only award a grant on the condition that such owner— provides, at the option of the resident, a suitable and habitable housing unit that is, with respect to the housing unit from which the resident is displaced— of a comparable size; located in the same local community or a community with reduced hazard risk; and offered under similar costs, conditions, and terms; and ensures that resident displaced are provided with the ability to return to their former unit, or a comparable unit located in the same multifamily dwelling following the completion of the grant-funded project; and shall only award a grant on the condition that such owner refrains from— raising rent on dwelling units in such multifamily building as a result of any improvements paid for by funding awarded under this Act; and increasing rent on such dwelling units for any reason for at least 2 years unless specific rent increases during those 2 years were stipulated in agreements made prior to the awarding of funding under this Act to which such owner is a party. Eligible property owners shall use funds awarded under this Act to— make changes to existing buildings or other assets as necessary to meet the purpose of the program established under this section; and implement natural solutions to adapt land to changing conditions.

5. Rulemaking Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate rules to carry out this Act in consultation with— the Secretary of Housing and Urban Development; the Secretary of Health and Human Services; the Administrator of the Environmental Protection Agency; the Administrator of the Federal Emergency Management Agency; and the heads of such other Federal departments and agencies as the Secretary determines appropriate. The Secretary shall ensure that regulations promulgated pursuant to this section include provisions that— in coordination with the Director, prescribe resilience and adaptation standards; provide guidance to eligible program participants in the implementation of this Act; create audits and annual reporting requirements as may be necessary or appropriate to determine whether an eligible program participant has carried out activities using grant funds— in a timely and effective manner; and in accordance with the requirements of this Act and other applicable laws; and develop and make publicly available performance targets for public review, which shall include spending thresholds for each year from the date on which funds are obligated by the Secretary to the grantee until such time all funds have been expended.

6. Standards Not later than 1 year after the date of the enactment of this Act, the Director shall develop and publish on the National Institute of Standards and Technology website resilience and adaptation standards, after consultation with— relevant Federal departments and agencies as the Director determines appropriate; and private sector organizations as the Director determines appropriate. The resilience and adaptation standards published under this section shall take into consideration— the cost of building materials; fair labor standards; variation in impacts of climate change, geographical and topographical location, and pre-existing weatherization projects; and natural solutions.