A BILL TO BE ENTITLED
AN ACT to establish the energy assistance act for low‑income persons.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 3 of Chapter 143B of the General Statutes is amended by adding a new Part to read:
"Part 34. North Carolina Energy Assistance Act for Low‑Income Persons.
"§ 143B‑216.70. Legislative findings and purpose.
(a)	The General Assembly makes the following findings:
(1)	Maintaining the general health, welfare, and prosperity of the people of this State requires that all citizens receive essential levels of heat and electric service regardless of their economic circumstances.
(2)	Serving the State's most vulnerable citizens: its low‑income elderly, persons with disabilities, families with children, high residential energy users, and households with a high‑energy burden, is a priority.
(3)	Conserving energy benefits all citizens and their environment.
(4)	Ensuring proper payment to public utilities and other entities providing energy services actually rendered is a responsibility of this State.
(5)	Declining federal low‑income energy assistance funding necessitates a State response to ensure the continuity and further development of energy assistance and related policies and programs in the State.
(6)	Current energy assistance policies and programs have benefited North Carolina citizens and should be continued with the modifications provided in this Part.
(b)	The General Assembly declares that it is the policy of the State that westernization, replacement of heating and cooling systems, and other energy‑related assistance programs be utilized to increase the energy efficiency of dwellings owned or occupied by low‑income persons, reduce their total residential expenditures, and improve their health and safety. The State shall utilize all appropriate and available means to fund the Weatherization Assistance Program for Low‑Income Families and the Heating/Air Repair and Replacement Program under G.S. 108A‑70.30, and any other energy‑related assistance program for low‑income persons while, to the extent possible, identifying and utilizing sources of funding to achieve the objectives of this Part.
"§ 143B‑216.71.  Definitions.
The following definitions apply to this Part:
(1)	Applicant. – A member of the family residing in the dwelling unit, the owner, or designated agent of the owner of a dwelling unit applying for program services.
(2)	Department. – The Department of Health and Human Services.
(3)	Secretary. – The Secretary of Health and Human Services.
(4)	Subgrantee. – An entity managing a weatherization project that receives a federal grant of funds awarded pursuant to 10 C.F.R. § 440 from the State or other entity named in the Notification of Grant Award and otherwise referred to as the grantee.
(5)	Weatherization. – The modification of homes and home heating and cooling systems to improve heating and cooling efficiency by caulking and weather stripping, as well as insulating ceilings, attics, walls, and floors.
"§ 143B‑216.72.  The Office of Economic Opportunity designated agency; powers and duties.
(a)	The Office of Economic Opportunity of the Department shall administer the Weatherization Assistance Program for Low‑Income Families established by 42 U.S.C. § 6861, et seq., and 42 U.S.C. § 7101, et seq., the Heating/Air Repair and Replacement Program established by the Secretary under G.S. 108A‑70.30, and any other energy‑related assistance program for the benefit of low‑income persons. The Office of Economic Opportunity shall exercise the following powers and duties:
(1)	Establish standards and criteria to carry out the provisions and purposes of this Part.
(2)	Develop policy, criteria, and standards for receiving and processing applications for weatherization assistance.
(3)	Make decisions and pursue appeals from decisions to accept or deny applications for weatherization, replacement of heating and cooling systems, and other energy‑related assistance programs or otherwise participate in the State plan as a subgrantee or contractor.
(4)	Adopt, amend, and repeal rules, consistent with the laws of this State, that may be required by the federal government for grants‑in‑aid for the Weatherization Assistance Program for Low‑Income Families, the Heating/Air Repair and Replacement Program, or other energy‑related assistance programs. This section shall be liberally construed in order that the State and its citizens may benefit from such grants‑in‑aid.
(5)	Establish procedures for the submission of periodic reports by any community action agency or other agency or entity authorized to manage a weatherization project, replacement of heating and cooling system, or other energy‑related assistance project.
(6)	Implement criteria for periodic review of weatherization, replacement of heating and cooling systems, or other energy‑related programs.
(7)	Solicit, accept, hold, and administer on behalf of the State any grants or bequests of money, securities, or property for use by the Department or other agencies in the administration of this Part.
(8)	Adopt rules pursuant to Chapter 150B of the General Statutes.
(9)	Create a Policy Advisory Council within the Office of Economic Opportunity that shall advise the Office of Economic Opportunity with respect to the development and implementation of a Weatherization Program for Low‑Income Families, the Heating/Air Repair and Replacement Program, and any other energy‑related assistance program for the benefit of low‑income persons.
(b)	The Secretary shall have final decision‑making authority with regard to all functions described in this Part."
SECTION 2.  This act is effective when it becomes law.