HR 7008 IHCommentsClose CommentsPermalink

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for disaster assistance for electric utility companies serving low-income households, and for other purposes.CommentsClose CommentsPermalink

September 23, 2008CommentsClose CommentsPermalink

Mr. ALEXANDER (for himself, Mr. BOUSTANY, and Mr. MCCRERY) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureCommentsClose CommentsPermalink

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for disaster assistance for electric utility companies serving low-income households, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Low-Income Rate Payer Disaster Recovery Act of 2008’.CommentsClose CommentsPermalink

SEC. 2. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES OF ELECTRIC UTILITY COMPANIES SERVING LOW-INCOME HOUSEHOLDS.

(a) Conditions for Contributions- Section 406(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (A) by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in subparagraph (B) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) subject to paragraph (4), to an owner or operator of a private or investor-owned electric utility company serving low-income households for the repair, restoration, reconstruction, or replacement of facilities of the owner or operator damaged or destroyed by a major disaster and for associated expenses incurred by the owner or operator.’;CommentsClose CommentsPermalink





(2) by redesignating paragraph (4) as paragraph (5); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink





‘(4) CONDITIONS FOR ASSISTANCE TO PRIVATE OR INVESTOR-OWNED ELECTRIC UTILITY COMPANIES SERVING LOW-INCOME HOUSEHOLDS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The President may make contributions to the owner or operator of a private or investor-owned electric utility company serving low-income households under paragraph (1)(C) only if--CommentsClose CommentsPermalink





‘(i) the costs of repairing, restoring, reconstructing, or replacing its facilities damaged or destroyed by the major disaster; exceedCommentsClose CommentsPermalink





‘(ii) the amount that is--CommentsClose CommentsPermalink





‘(I) 10 percent of the facilities’ total transmission and distribution rate base; lessCommentsClose CommentsPermalink





‘(II)(aa) in the case of a single major disaster, accumulated depreciation on the date of the disaster; orCommentsClose CommentsPermalink





‘(bb) in the case of an aggregation under subparagraph (B), accumulated depreciation on the date of the first major disaster included in such aggregation.CommentsClose CommentsPermalink





‘(B) AGGREGATION FOR PURPOSES OF DETERMINING COSTS- For purposes of determining under this paragraph the costs of repairing, restoring, or replacing the facilities of an owner or operator, the costs of damage from all previous major disasters during the 12-month period preceding the date of the declaration of the major disaster for which the owner or operator is seeking contributions under paragraph (1)(C) shall be aggregated.CommentsClose CommentsPermalink





‘(C) APPLICATION DEADLINE- An owner or operator may apply for contributions under paragraph (1)(C)--CommentsClose CommentsPermalink





‘(i) in the case of a single major disaster, not later than 60 months after the date of the declaration of the disaster; orCommentsClose CommentsPermalink





‘(ii) in the case of an aggregation under subparagraph (B), not later than 60 months after the date of the most recent major disaster for which the owner or operator is seeking contributions.CommentsClose CommentsPermalink





‘(D) AVAILABLE FUNDING- Subject to subparagraph (E), an owner or operator may apply for contributions under paragraph (1)(C) in the amount determined by multiplying--CommentsClose CommentsPermalink





‘(i) the amount by which the costs described in subparagraph (A)(i) attributable to the owner or operator exceed the amount described in subparagraph (A)(ii) attributable to the owner or operator; byCommentsClose CommentsPermalink





‘(ii) the percent of retail residential customers comprised of low-income households served by the facilities of the owner or operator.CommentsClose CommentsPermalink





‘(E) LIMIT ON FEDERAL ASSISTANCE FOR DISASTER RELIEF-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The total amount of contributions made to an owner or operator under paragraph (1)(C) may not exceed $50,000,000 in any 12-month period.CommentsClose CommentsPermalink





‘(ii) PRESIDENTIAL WAIVER- For any major disaster occurring after the date of enactment of this clause, the President may waive the limit established by clause (i) if the President determines that the event is of an extraordinary nature; except that in no case may the total amount of contributions made to an owner or operator under paragraph (1)(C) exceed 100 percent of the cost of repair, restoration, reconstruction, or replacement of the damaged facilities of the owner or operator.CommentsClose CommentsPermalink





‘(F) APPROVAL OR DISAPPROVAL OF APPLICATIONS- The President shall approve or disapprove an application for contributions submitted by an owner or operator for contributions under paragraph (1)(C) not later than 30 days after the date of receipt of the application.’.CommentsClose CommentsPermalink





(b) Federal Share- Section 406(b)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(b)(2)) is amended by striking ‘public facility or private nonprofit facility’ and inserting ‘public facility, private nonprofit facility, or private or investor-owned electric utility company serving low-income households’.CommentsClose CommentsPermalink





(c) Large In-Lieu Contributions- Section 406(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(3) FOR PRIVATE OR INVESTOR-OWNED ELECTRIC UTILITY COMPANIES SERVING LOW-INCOME HOUSEHOLDS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In any case in which the owner or operator of a private or investor-owned electric utility company serving low-income households determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility, the owner or operator may elect to receive, in lieu of a contribution under subsection (a)(1)(C), a contribution in an amount equal to 75 percent of the available funding pursuant to subsection (a)(4)(D) or (a)(4)(E).CommentsClose CommentsPermalink





‘(B) USE OF FUNDS- Funds contributed to an owner or operator under this paragraph may be used by the owner or operator to--CommentsClose CommentsPermalink





‘(i) repair, restore, or improve other private or investor-owned power facilities;CommentsClose CommentsPermalink





‘(ii) construct a new private or investor-owned power facility; orCommentsClose CommentsPermalink





‘(iii) fund hazard mitigation measures that the owner or operator determines to be necessary to meet a need for the services and functions of the owner or operator in the area affected by the major disaster.’.CommentsClose CommentsPermalink





(d) Eligible Cost- Section 406(e)(1)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A)) is amended by striking ‘public facility or private nonprofit facility’ and inserting ‘public facility, private nonprofit facility, or private or investor-owned electric utility company serving low-income households’.CommentsClose CommentsPermalink





(e) Definitions- Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink





‘(1) PRIVATE OR INVESTOR-OWNED ELECTRIC UTILITY COMPANY SERVING LOW-INCOME HOUSEHOLDS- The term ‘private or investor-owned electric utility company serving low-income households’ means a privately-owned or investor-owned electric utility company in which no less than 25 percent of its retail residential customers are low-income households.CommentsClose CommentsPermalink





‘(2) COMPANY- The term ‘company’ means a corporation, partnership, association, or joint stock company.CommentsClose CommentsPermalink





‘(3) ELECTRIC UTILITY COMPANY- The term ‘electric utility company’ means any company that owns, operates, or leases facilities used for transmission or distribution of electric energy for sale.CommentsClose CommentsPermalink





‘(4) LOW-INCOME HOUSEHOLD- The term ‘low-income household’ means a household with a total annual household income that does not exceed the greater of--CommentsClose CommentsPermalink





‘(A) an amount equal to 150 percent of the poverty level of a State; orCommentsClose CommentsPermalink





‘(B) an amount equal to 60 percent of the State median income.CommentsClose CommentsPermalink





‘(5) POVERTY LEVEL- The term ‘poverty level’ has the meaning given the term in section 2603 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).CommentsClose CommentsPermalink





‘(6) STATE MEDIAN INCOME- The term ‘State median income’ has the meaning given the term in section 2603 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).’.CommentsClose CommentsPermalink

SEC. 3. REGULATIONS.

Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security in consultation with the Chairman of the Federal Energy Regulatory Commission shall promulgate regulations necessary to implement this Act and the amendments made by this Act.CommentsClose CommentsPermalink

SEC. 4. APPLICABILITY.

This Act and the amendments made by this Act shall apply to a major disaster occurring after the date of enactment of this Act.CommentsClose CommentsPermalink