,,ii #aagth ,,congress #ast ,session ,s4 #aghc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bj1 #bjba,mr4 ,merkley introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide emergency loans to maintain access to essential services during the ,,covid-#ai pandemic1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,maintaining ,access to ,essential ,services ,act of #bjba4 #b4 ,emergency loans to publicly owned and nonprofit water and wastewater utilities 7a7 ,definitions ,in this section3 7#a7 ,emergency period ,the term emergency period means the period that-- 7,a7 begins on ,march #ac1 #bjbj2 and 7,b7 ends on the date on which the national emergency terminates under section #bjb of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afbb74 7#b7 ,loan program ,the term loan program means the loan program established by the ,secretary under subsection 7b74 7#c7 ,loan repayment date ,the term loan repayment date means the date that is #b years after the date described in paragraph 7#a77;,b74 7#d7 ,national emergency ,the term national emergency means the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai74 7#e7 ,payment shortfall 7,a7 ,in general ,the term payment shortfall1 with respect to a qualified utility1 means a good faith estimate of the total amount of rates and charges for water service provided during the emergency period that the qualified utility has not collected from residential water consumers of the qualified utility1 as certified by the qualified utility to the ,secretary under subsection 7g77#a74 7,b7 ,exclusion ,the term payment shortfall does not include any portion of the uncollected amounts described in subparagraph 7,a7 that the qualified utility has sold to a third party4 7#f7 ,qualified utility ,the term qualified utility means-- 7,a7 a publicly owned or nonprofit community water system 7as defined in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f772 and 7,b7 a publicly owned treatment works 7as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib774 7#g7 ,residential water consumer ,the term residential water consumer means a household that serves as a principal residence to which water services are provided for any purpose other than resale4 7#h7 ,secretary ,the term ,secretary means ,secretary of the ,treasury4 7#i7 ,water service ,the term water service means the treatment and provision of drinking water1 the collection and treatment of wastewater1 or stormwater management provided by a qualified utility to a residential water consumer1 including any activities necessary to provide those services4 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a loan program to ensure that qualified utilities are able to continue providing water service to residential water consumers during the emergency period4 7#b7 ,requirement ,in carrying out the loan program1 the ,secretary shall take all necessary steps1 including outreach and the provision of technical assistance to qualified utilities1 to ensure that all qualified utilities1 without reference to the size of the customer base of the qualified utility1 have a fair opportunity to apply for and obtain loans under the loan program4 7c7 ,loan authorization ,the ,secretary may make #a or more loans to a qualified utility under the loan program1 such that the total amount of loans provided to the qualified utility is not greater than the payment shortfall of the qualified utility4 7d7 ,loan repayment 7#a7 ,in general ,except as provided in paragraph 7#b7 and subsection 7e71 a qualified utility receiving a loan under the loan program shall repay the loan in full1 with accrued interest1 not later than the loan repayment date4 7#b7 ,right to call ,notwithstanding paragraph 7#a7 and subsection 7e71 if the qualified utility carries out or fails to carry out1 as applicable1 any of the following actions1 a loan received by the qualified utility under the loan program shall be due and payable in full1 with accrued interest1 #ij days after the date on which the utility carries out or fails to carry out1 as applicable1 that action3 7,a7 ,during the emergency period and after the date on which the qualified utility receives the loan-- 7i7 the qualified utility charges any residential water consumer interest1 late fees1 or other charges or penalties associated with the late payment or nonpayment of rates or charges for the provision of water service2 7ii7 the qualified utility discontinues water service or refuses to establish new water service to any residential water consumer of the qualified utility due to the nonpayment of rates or charges or the nonpayment of a deposit for the provision of water service2 7iii7 the qualified utility sells any uncollected residential water consumer debt2 7iv7 the qualified utility places1 sells1 or initiates the collection of a lien on the residence of a residential water consumer to collect outstanding rates or charges for water service2 7v7 the qualified utility files an adverse report on a residential water consumer to a credit reporting agency due to the nonpayment of rates or charges for the provision of water service2 or 7vi7 the qualified utility charges a service restoration fee for the restoration of service described in subparagraph 7,b74 7,b7 ,not later than #cj days after the date on which the qualified utility receives the loan1 the qualified utility fails to restore 7except for reasons of safety7 water service to all residential water consumers of the qualified utility who had been disconnected due to nonpayment of rates or charges for the provision of water service4 7e7 ,loan forgiveness 7#a7 ,in general ,except as provided in subsection 7d77#b71 after receipt of a certification under subsection 7g77#b71 the ,secretary shall forgive any loans provided to a qualified utility under the loan program in an amount equal to the total amount of the payment shortfall from the residential water consumers of the qualified utility for water service provided by the qualified utility to those residential water consumers during the emergency period4 7#b7 ,requirements ,on forgiveness of a loan or a portion of a loan under paragraph 7#a71 the qualified utility shall-- 7,a7 forgive all outstanding debt owed to the qualified utility1 including any interest charges1 late fees1 or other charges or penalties associated with late payment or the nonpayment of rates or charges for the provision of water service1 that results from the provision of water services to residential water consumers during the emergency period2 7,b7 not later than #cj days after the date on which the debt described in subparagraph 7,a7 is forgiven for a residential water consumer1 notify the residential water consumer of the amount of that forgiveness2 and 7,c7 file with the applicable ,state regulatory commission documents demonstrating that rates and charges for the provision of water service have been appropriately adjusted4 7f7 ,interest rate ,a loan made under the loan program shall bear interest at a rate not to exceed #a percent per year4 7g7 ,borrower requirements 7#a7 ,application ,a qualified utility seeking a loan under the loan program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7,a7 the amount of the loan sought by the qualified utility1 which shall be in an amount not greater than the payment shortfall of the qualified utility2 and 7,b7 a good faith certification that-- 7i7 a significant number of the residential water consumers of the qualified utility have not paid for the water service received by those residential water consumers during the emergency period2 7ii7 the amount of the loan sought by the qualified utility is a good faith estimate of the payment shortfall of the qualified utility2 and 7iii7 a loan in the amount described in subparagraph 7,a7 is needed to support the qualified utility in continuing to provide water service to the residential water consumers of the qualified utility during the emergency period4 7#b7 ,final certification ,not earlier than #ah months after the date described in subsection 7a77#a77;,b7 and not later than the loan repayment date1 a qualified utility that receives a loan under the loan program shall make a good faith certification to the ,secretary of the total amount of rates that the qualified utility has not collected from the residential water consumers of the qualified utility for the water service provided to those residential water consumers during the emergency period1 excluding any such amount of uncollected payments that the qualified utility has sold to a third party4 7#c7 ,reporting requirement ,a qualified utility that receives a loan under the loan program shall1 for each month until the month after the month of the loan repayment date or the month in which the loan is forgiven under subsection 7e71 as applicable1 submit to the ,secretary a report that includes-- 7,a7 by ,,zip ,code-- 7i7 the number of residential water consumers disconnected from water service by the qualified utility due to nonpayment of rates and charges for the provision of water service2 7ii7 the number of restorations of water service by the qualified utility of residential water consumers that had been disconnected for nonpayment of rates and charges for the provision of water service2 7iii7 for each applicable residential water consumer1 the time between-- 7,i7 the disconnection of water service by the qualified utility for nonpayment of rates and charges for the provision of water service2 and 7,,ii7 the restoration of that water service2 7iv7 the average time between the disconnection and restoration described in clause 7iii7 for all residential water consumers disconnected during the applicable month2 7v7 the number of residential water consumers for which the time between the disconnection and restoration described in clause 7iii7 exceeded #b days2 7vi7 the number of residential water consumers of the qualified utility that became eligible for disconnection of water service due to nonpayment of rates and charges for the provision of water service but1 because of a loan received under the loan program1 avoided disconnection2 7vii7 7,i7 the number of residential water consumers of the qualified utility that are in arrears of payment of rates and charges for the provision of water service by the qualified utility2 and 7,,ii7 the total amount and the range of arrearages for which all residential water consumers described in subclause 7,i7 are in arrears2 7viii7 the total amount for which the residential water consumers described in clause 7vii77,i7 have had the amounts described in that clause forgiven2 7ix7 the number of residential water consumers that have had an arrearage described in clause 7vii77,i7 forgiven in full2 7x7 a good faith estimate of the average amount per residential water consumer of the forgiveness described in clause 7ix72 7xi7 the number1 if any1 of residential water consumers that have had an arrearage described in clause 7vii77,i7 forgiven only in part2 7xii7 7,i7 the number1 if any1 of residential water consumers for whom an arrearage described in clause 7vii77,i7 has been sold to a third-party debt buyer2 and 7,,ii7 the total amount of arrearages described in clause 7vii77,i7 that have been sold to a third-party debt buyer1 if any2 and 7xiii7 data similar to the data described in clauses 7i7 through 7xii7 for the arrearages that had accrued at the beginning of the emergency period1 including how much of those arrearages have been forgiven or sold1 and how much of those arrearages remain2 and 7,b7 a statement of whether the qualified utility has carried out any of the actions described in subsection 7d77#b77;,a7 or failed to carry out any of the actions described in subsection 7d77#b77;,b7 within the applicable month4 7h7 ,submissions to ,congress 7#a7 ,monthly reports ,not later than #ahj days after the date of enactment of this ,act1 and every other month thereafter for which funding for this section remains available1 the ,secretary shall submit to the ,committees on ,appropriations1 ,financial ,services1 ,energy and ,commerce1 and ,transportation and ,infrastructure of the ,house of ,representatives and the ,committees on ,appropriations1 ,environment and ,public ,works1 and ,finance of the ,senate a report that describes-- 7,a7 each qualified utility that received a loan under or pursuant to this section2 7,b7 the total amount of each loan provided under or pursuant to this section2 7,c7 the amount forgiven under subsection 7e7 for each loan provided under or pursuant to this section2 and 7,d7 a summary of the information provided by each qualified utility that receives a loan under or pursuant to this section under paragraphs 7#b7 and 7#c7 of subsection 7g74 7#b7 ,other reports ,the ,secretary shall submit to the ,committees on ,appropriations1 ,financial ,services1 ,energy and ,commerce1 and ,transportation and ,infrastructure of the ,house of ,representatives and the ,committees on ,appropriations1 ,environment and ,public ,works1 and ,finance of the ,senate a report that describes the results of activities carried out pursuant to this section-- 7,a7 not later than #a year after the date of enactment of this ,act2 7,b7 on the date on which all funds appropriated under subsection 7j7 have been fully disbursed2 and 7,c7 on the date on which all loans made under or pursuant to this section have been repaid or forgiven4 7i7 ,savings clause ,except as provided in subsection 7e71 nothing in this section affects the obligation of-- 7#a7 a residential water consumer to pay for water service received by the residential water consumer2 or 7#b7 a qualified utility to make reasonable1 good faith efforts to collect payment for water services provided to residential water consumers of the qualified utility4 7j7 ,mandatory spending 7#a7 ,in general ,there is appropriated to the ,secretary1 out of any funds in the ,treasury not otherwise appropriated1 #i1jjj1jjj1jjj to carry out this section1 to remain available until ,september #cj1 #bjbe4 7#b7 ,requirement ,of the amounts made available under paragraph 7#a7 to provide loans under the loan program-- 7,a7 #ej percent shall be used to provide loans to qualified utilities described in subsection 7a77#f77;,a72 and 7,b7 #ej percent shall be used to provide loans to qualified utilities described in subsection 7a77#f77;,b74 #c4 ,emergency loans to privately-owned water utilities 7a7 ,definitions ,in this section3 7#a7 ,emergency period ,the term emergency period means the period that-- 7,a7 begins on ,march #ac1 #bjbj2 and 7,b7 ends on the date on which the national emergency terminates under section #bjb of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afbb74 7#b7 ,loan program ,the term loan program means the loan program established by the ,secretary under subsection 7b74 7#c7 ,loan repayment date ,the term loan repayment date means the date that is #b years after the date described in paragraph 7#a77;,b74 7#d7 ,national emergency ,the term national emergency means the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai74 7#e7 ,payment shortfall 7,a7 ,in general ,the term payment shortfall1 with respect to a qualified utility1 means a good faith estimate of the total amount of rates and charges for water service provided during the emergency period that the qualified utility has not collected from residential water consumers of the qualified utility1 as certified by the qualified utility to the ,secretary under subsection 7g77#a74 7,b7 ,exclusion ,the term payment shortfall does not include any portion of the uncollected amounts described in subparagraph 7,a7 that the qualified utility has sold to a third party4 7#f7 ,qualified utility ,the term qualified utility means-- 7,a7 a privately owned1 for-profit community water system 7as defined in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f772 and 7,b7 a privately owned1 for-profit treatment works 7as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib774 7#g7 ,residential water consumer ,the term residential water consumer means a household that serves as a principal residence to which water services are provided for any purpose other than resale4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7#i7 ,water service ,the term water service means the treatment and provision of drinking water1 the collection and treatment of wastewater1 or stormwater management provided by a qualified utility to a residential water consumer1 including any activities necessary to provide those services4 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a loan program to ensure that qualified utilities are able to continue providing water service to residential water consumers during the emergency period4 7#b7 ,requirement ,in carrying out the loan program1 the ,secretary shall take all necessary steps1 including outreach and the provision of technical assistance to qualified utilities1 to ensure that all qualified utilities1 without reference to the size of the customer base of the qualified utility1 have a fair opportunity to apply for and obtain loans under the loan program4 7c7 ,loan authorization ,the ,secretary may make #a or more loans to a qualified utility under the loan program1 such that the total amount of loans provided to the qualified utility is not greater than the payment shortfall of the qualified utility4 7d7 ,loan repayment 7#a7 ,in general ,except as provided in paragraph 7#b7 and subsection 7e71 a qualified utility receiving a loan under the loan program shall repay the loan in full1 with accrued interest1 not later than the loan repayment date4 7#b7 ,right to call ,notwithstanding paragraph 7#a7 and subsection 7e71 if the qualified utility carries out or fails to carry out1 as applicable1 any of the following actions1 a loan received by the qualified utility under the loan program shall be due and payable in full1 with accrued interest1 #ij days after the date on which the utility carries out or fails to carry out1 as applicable1 that action3 7,a7 ,during the emergency period and after the date on which the qualified utility receives the loan-- 7i7 the qualified utility charges any residential water consumer interest1 late fees1 or other charges or penalties associated with the late payment or nonpayment of rates or charges for the provision of water service2 7ii7 the qualified utility discontinues water service or refuses to establish new water service to any residential water consumer of the qualified utility due to the nonpayment of rates or charges or the nonpayment of a deposit for the provision of water service2 7iii7 the qualified utility sells any uncollected residential water consumer debt2 7iv7 the qualified utility files an adverse report on a residential water consumer to a credit reporting agency due to the nonpayment of rates or charges for the provision of water service2 or 7v7 the qualified utility charges a service restoration fee for the restoration of service described in subparagraph 7,b74 7,b7 ,not later than #cj days after the date on which the qualified utility receives the loan1 the qualified utility fails to restore 7except for reasons of safety7 water service to all residential water consumers of the qualified utility who had been disconnected due to nonpayment of rates or charges for the provision of water service4 7e7 ,loan forgiveness 7#a7 ,in general ,except as provided in subsection 7d77#b71 after receipt of a certification under subsection 7g77#b71 the ,secretary shall forgive any loans provided to a qualified utility under the loan program in an amount equal to #ej percent of the total amount of the payment shortfall from the residential water consumers of the qualified utility for water service provided by the qualified utility to those residential water consumers during the emergency period4 7#b7 ,requirements ,on forgiveness of a loan or a portion of a loan under paragraph 7#a71 the qualified utility shall-- 7,a7 forgive all outstanding debt owed to the qualified utility1 including any interest charges1 late fees1 or other charges or penalties associated with late payment or the nonpayment of rates or charges for the provision of water service1 that results from the provision of water services to residential water consumers during the emergency period2 and 7,b7 not later than #cj days after the date on which the debt described in subparagraph 7,a7 is forgiven for a residential water consumer1 notify the residential water consumer of the amount of that forgiveness4 7f7 ,interest rate ,a loan made under the loan program shall bear interest at a rate not to exceed #a percent per year4 7g7 ,borrower requirements 7#a7 ,application ,a qualified utility seeking a loan under the loan program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7,a7 the amount of the loan sought by the qualified utility1 which shall be in an amount not greater than the payment shortfall of the qualified utility2 and 7,b7 a good faith certification that-- 7i7 a significant number of the residential water consumers of the qualified utility are unable to pay for the water service received by those residential water consumers during the emergency period2 and 7ii7 the amount of the loan sought by the qualified utility is a good faith estimate of the payment shortfall of the qualified utility4 7#b7 ,final certification ,not earlier than #ah months after the date described in subsection 7a77#a77;,b7 and not later than the loan repayment date1 a qualified utility that receives a loan under the loan program shall make a good faith certification to the ,secretary of the total amount of rates that the qualified utility has not collected from the residential water consumers of the qualified utility for the water service provided to those residential water consumers during the emergency period1 excluding any such amount of uncollected payments that the qualified utility has sold to a third party4 7#c7 ,reporting requirement ,a qualified utility that receives a loan under the loan program shall1 for each month until the month after the month of the loan repayment date or the month in which the loan is forgiven under subsection 7e71 as applicable1 submit to the ,secretary a report that includes-- 7,a7 by ,,zip ,code-- 7i7 the number of residential water consumers disconnected from water service by the qualified utility due to nonpayment of rates and charges for the provision of water service2 7ii7 the number of restorations of water service by the qualified utility of residential water consumers that had been disconnected for nonpayment of rates and charges for the provision of water service2 7iii7 the average time of the qualified utility between-- 7,i7 the disconnection of water service by the qualified utility for nonpayment of rates and charges for the provision of water service2 and 7,,ii7 the restoration of that water service2 7iv7 the number of residential water consumers of the qualified utility that became eligible for disconnection of water service due to nonpayment of rates and charges for the provision of water service but1 because of a loan received under the loan program1 avoided disconnection2 7v7 7,i7 the number of residential water consumers of the qualified utility that are in arrears of payment of rates and charges for the provision of water service by the qualified utility2 and 7,,ii7 the total amount and the range of arrearages for which all residential water consumers described in subclause 7,i7 are in arrears2 7vi7 the total amount for which the residential water consumers described in clause 7v77,i7 have had the amounts described in that clause forgiven2 7vii7 the number of residential water consumers that have had an arrearage described in clause 7v77,i7 forgiven in full2 7viii7 a good faith estimate of the average amount per residential water consumer of the forgiveness described in clause 7vii72 7ix7 the number1 if any1 of residential water consumers that have had an arrearage described in clause 7v77,i7 forgiven only in part2 7x7 7,i7 the number1 if any1 of residential water consumers for whom an arrearage described in clause 7v77,i7 has been sold to a third-party debt buyer2 and 7,,ii7 the total amount of arrearages described in clause 7v77,i7 that have been sold to a third-party debt buyer1 if any2 and 7xi7 data similar to the data described in clauses 7i7 through 7x7 for the arrearages that had accrued at the beginning of the emergency period1 including how much of those arrearages have been forgiven or sold1 and how much of those arrearages remain2 and 7,b7 a statement of whether the qualified utility has carried out any of the actions described in subsection 7d77#b77;,a7 or failed to carry out any of the actions described in subsection 7d77#b77;,b7 within the applicable month4 7h7 ,submissions to ,congress 7#a7 ,monthly reports ,not later than #ahj days after the date of enactment of this ,act1 and every other month thereafter for which funding for this section remains available1 the ,secretary shall submit to the ,committees on ,appropriations1 ,financial ,services1 ,energy and ,commerce1 and ,transportation and ,infrastructure of the ,house of ,representatives and the ,committees on ,appropriations1 ,environment and ,public ,works1 and ,finance of the ,senate a report that describes-- 7,a7 each qualified utility that received a loan under or pursuant to this section2 7,b7 the total amount of each loan provided under or pursuant to this section2 7,c7 the amount forgiven under subsection 7e7 for each loan provided under or pursuant to this section2 and 7,d7 a summary of the information provided by each qualified utility that receives a loan under or pursuant to this section under paragraphs 7#b7 and 7#c7 of subsection 7g74 7#b7 ,other reports ,the ,secretary shall submit to the ,committees on ,appropriations1 ,financial ,services1 ,energy and ,commerce1 and ,transportation and ,infrastructure of the ,house of ,representatives and the ,committees on ,appropriations1 ,environment and ,public ,works1 and ,finance of the ,senate a report that describes the results of activities carried out pursuant to this section-- 7,a7 not later than #a year after the date of enactment of this ,act2 7,b7 on the date on which all funds appropriated under subsection 7k7 have been fully disbursed2 and 7,c7 on the date on which all loans made under or pursuant to this section have been repaid or forgiven4 7i7 ,taxability ,a loan forgiven under subsection 7e7 shall be excluded from gross income for purposes of the ,internal ,revenue ,code of #aihf4 7j7 ,savings clause ,except as provided in subsection 7e71 nothing in this section affects the obligation of-- 7#a7 a residential water consumer to pay for water service received by the residential water consumer2 or 7#b7 a qualified utility to make reasonable1 good faith efforts to collect payment for water services provided to residential water consumers of the qualified utility4 7k7 ,mandatory spending 7#a7 ,in general ,there is appropriated to the ,secretary1 out of any funds in the ,treasury not otherwise appropriated1 #a1jjj1jjj1jjj to carry out this section1 to remain available until ,september #cj1 #bjbe4 7#b7 ,requirement ,of the amounts made available under paragraph 7#a7 to provide loans under the loan program-- 7,a7 #ge percent shall be used to provide loans to qualified utilities described in subsection 7a77#f77;,a72 and 7,b7 #be percent shall be used to provide loans to qualified utilities described in subsection 7a77#f77;,b74 #d4 ,emergency loans to municipal and cooperative electric utilities 7a7 ,definitions ,in this section3 7#a7 ,electric service ,the term electric service means the delivery of electric energy by a qualified utility to a residential electricity consumer4 7#b7 ,electricity consumer ,the term electricity consumer means a person to which electric energy is sold by a qualified utility for any purpose other than resale4 7#c7 ,emergency period ,the term emergency period means the period that-- 7,a7 begins on ,march #ac1 #bjbj2 and 7,b7 ends on the date on which the national emergency terminates under section #bjb of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afbb74 7#d7 ,loan program ,the term loan program means the loan program established by the ,secretary under subsection 7b74 7#e7 ,loan repayment date ,the term loan repayment date means the date that is #b years after the date described in paragraph 7#c77;,b74 7#f7 ,national emergency ,the term national emergency means the national emergency declared by the ,president in response to the coronavirus disease on ,march #ac1 #bjbj 7,proclamation #iiid1 #he ,fed4 ,reg4 #aeccg 7,mar4 #ah1 #bjbj774 7#g7 ,payment shortfall ,the term payment shortfall1 with respect to a qualified utility1 means a good faith estimate of the total amount of rates and charges 7including interest and fees7 for electric service provided during the emergency period that the qualified utility is unable to collect from all residential electricity consumers of the qualified utility1 as certified by the qualified utility to the ,secretary under subsection 7g77#a74 7#h7 ,qualified utility ,the term qualified utility means-- 7,a7 an electric cooperative 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif772 and 7,b7 an agency1 authority1 or instrumentality of a ,state or political subdivision of a ,state that sells electric energy to residential electricity consumers4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,establishment ,the ,secretary shall establish a loan program to ensure that qualified utilities are able to continue providing electric service to residential electricity consumers during the emergency period4 7c7 ,loan authorization ,the ,secretary may make #a or more loans to a qualified utility under the loan program1 such that the total amount of loans provided to the qualified utility is not more than the payment shortfall of the qualified utility4 7d7 ,loan repayment 7#a7 ,in general ,except as provided in paragraph 7#b7 and subsection 7e71 a qualified utility receiving a loan under the loan program shall repay the loan in full1 with accrued interest1 not later than the loan repayment date4 7#b7 ,right to call ,notwithstanding paragraph 7#a7 and subsection 7e71 if1 during the emergency period and after the date on which a qualified utility receives a loan under the loan program1 the qualified utility discontinues electric service to the residential electricity consumers of the qualified utility due to nonpayment of rates and charges for the provision of electric service1 the loan shall be due and payable in full1 with accrued interest1 #ij days after the date on which the qualified utility discontinues that electric service4 7e7 ,loan forgiveness ,except as provided in subsection 7d77#b71 the ,secretary shall forgive any loans provided to a qualified utility under the loan program in an amount equal to the total amount of payments the qualified utility was unable to collect from the residential electricity consumers of the qualified utility for electric service provided by the qualified utility to those residential electricity consumers during the emergency period4 7f7 ,interest rate ,a loan made under the loan program shall bear interest at a rate not to exceed #a percent per year4 7g7 ,borrower requirements 7#a7 ,application ,a qualified utility seeking a loan under the loan program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7,a7 the amount of the loan sought by the qualified utility1 which shall be in an amount equal to the payment shortfall of the qualified utility2 and 7,b7 a good faith certification that-- 7i7 a significant number of the residential electricity consumers of the qualified utility are unable to pay for the electric service received by those residential electricity consumers during the emergency period2 7ii7 the amount of the loan sought by the qualified utility is a good faith estimate of the payment shortfall of the qualified utility2 and 7iii7 a loan in the amount described in subparagraph 7,a7 is needed to support the qualified utility in continuing to provide electric service to the residential electricity consumers of the qualified utility during the emergency period4 7#b7 ,final certification ,not earlier than the date described in subsection 7a77#c77;,b7 and not later than the loan repayment date1 a qualified utility that receives a loan under the loan program shall make a good faith certification to the ,secretary of the total amount of rates and charges 7including interest and fees7 that the qualified utility has been unable to recover from the residential electricity consumers of the qualified utility for the electric service provided to those residential electricity consumers during the emergency period4 7h7 ,taxability ,a loan forgiven under subsection 7e7 shall be excluded from gross income for purposes of the ,internal ,revenue ,code of #aihf4 7i7 ,savings clause ,except as provided in subsection 7e71 nothing in this section affects the obligation of-- 7#a7 an electricity consumer to pay for electric service received by the electricity consumer2 or 7#b7 a qualified utility to make reasonable1 good faith efforts to collect payment for electric service provided to electricity consumers of the qualified utility4 7j7 ,mandatory spending 7#a7 ,in general ,there is appropriated to the ,secretary1 out of any funds in the ,treasury not otherwise appropriated1 #d1jjj1jjj1jjj to carry out this section1 to remain available until ,september #cj1 #bjbe4 7#b7 ,requirement ,of the amounts made available under paragraph 7#a7 to provide loans under the loan program-- 7,a7 #ej percent shall be used to provide loans to qualified utilities described in subsection 7a77#h77;,a72 and 7,b7 #ej percent shall be used to provide loans to qualified utilities described in subsection 7a77#h77;,b74 #e4 ,emergency loans to investor-owned energy utilities 7a7 ,definitions ,in this section3 7#a7 ,emergency period ,the term emergency period means the period that-- 7,a7 begins on ,march #ac1 #bjbj2 and 7,b7 ends on the date on which the national emergency terminates under section #bjb of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afbb74 7#b7 ,energy consumer ,the term energy consumer means a person to which electric energy1 natural gas1 or propane is sold by a qualified utility for any purpose other than resale4 7#c7 ,energy service ,the term energy service means the delivery of electric energy1 natural gas1 or propane by a qualified utility to a residential energy consumer4 7#d7 ,interest1 late fees1 or other charges ,the term interest1 late fees1 or other charges1 with respect to the provision of energy service to a residential energy consumer1 includes-- 7,a7 any late fee charged by a qualified utility with respect to the payment or nonpayment of rates2 7,b7 any other fee charged by a qualified utility that is associated with-- 7i7 the payment or nonpayment of rates2 or 7ii7 the connection1 disconnection1 or reconnection of a residential energy consumer2 and 7,c7 any interest charged by a qualified utility to a residential energy consumer4 7#e7 ,loan program ,the term loan program means the loan program established by the ,secretary under subsection 7b74 7#f7 ,loan repayment date ,the term loan repayment date means the date that is #b years after the date described in paragraph 7#a77;,b74 7#g7 ,national emergency ,the term national emergency means the national emergency declared by the ,president in response to the coronavirus disease on ,march #ac1 #bjbj 7,proclamation #iiid1 #he ,fed4 ,reg4 #aeccg 7,mar4 #ah1 #bjbj774 7#h7 ,payment shortfall ,the term payment shortfall1 with respect to a qualified utility1 means a good faith estimate of the total amount of rates for energy service provided during the emergency period that the qualified utility is unable to collect from all residential energy consumers of the qualified utility1 as certified by the qualified utility to the ,secretary under subsection 7g77#a74 7#i7 ,qualified utility ,the term qualified utility means an investor-owned-- 7,a7 electric utility2 7,b7 gas utility2 or 7,c7 utility that sells and delivers propane to energy consumers4 7#aj7 ,rate 7,a7 ,in general ,the term rate1 with respect to the provision of energy service to a residential energy consumer1 means the amount charged by a qualified utility for that energy service4 7,b7 ,exclusions ,the term rate does not include-- 7i7 any late fee charged by a qualified utility with respect to the payment or nonpayment of an amount described in subparagraph 7,a72 7ii7 any other fee charged by a qualified utility that is associated with-- 7,i7 the payment or nonpayment of an amount described in that subparagraph2 or 7,,ii7 the connection1 disconnection1 or reconnection of a residential energy consumer2 or 7iii7 any interest charged by a qualified utility to a residential energy consumer1 including any interest on-- 7,i7 a fee described in clause 7i7 or 7ii72 or 7,,ii7 an amount described in subparagraph 7,a74 7#aa7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7b7 ,establishment ,the ,secretary shall establish a loan program to ensure that qualified utilities are able to continue providing energy service to residential energy consumers during the emergency period4 7c7 ,loan authorization ,the ,secretary may make #a or more loans to a qualified utility under the loan program1 such that the total amount of loans provided to the qualified utility is not more than the payment shortfall of the qualified utility4 7d7 ,loan repayment 7#a7 ,in general ,except as provided in paragraph 7#b7 and subsection 7e71 a qualified utility receiving a loan under the loan program shall repay the loan in full1 with accrued interest1 not later than the loan repayment date4 7#b7 ,right to call ,notwithstanding paragraph 7#a7 and subsection 7e71 if1 during the emergency period and after the date on which a qualified utility receives a loan under the loan program1 the qualified utility charges residential energy consumers interest1 late fees1 or other charges1 does not reconnect all residential energy consumers who have been disconnected for nonpayment of rates or interest1 late fees1 or other charges by the date that is #cj days after the date on which the loan is made1 or discontinues energy service to a residential energy consumer due to nonpayment of rates or interest1 late fees1 or other charges1 the loan shall be due and payable in full1 with accrued interest1 #ij days after1 as applicable-- 7,a7 the date on which the qualified utility first charged residential energy consumers interest1 late fees1 or other charges after receiving the loan2 7,b7 the deadline by which to reconnect all residential energy consumers under this paragraph2 or 7,c7 the first date after receipt of the loan on which the qualified utility disconnected a residential energy consumer4 7e7 ,loan forgiveness 7#a7 ,in general ,except as provided in subsection 7d77#b71 after receiving from a qualified utility the final certification described in subsection 7g77#b71 the ,secretary shall forgive any loans provided to that qualified utility under the loan program in an amount equal to #ej percent of the total amount of rates the qualified utility was unable to collect from the residential energy consumers of the qualified utility for energy service provided by the qualified utility to those residential energy consumers during the emergency period4 7#b7 ,requirement ,on forgiveness of a loan or a portion of a loan under paragraph 7#a71 the qualified utility shall forgive all outstanding debt owed to the qualified utility that results from the provision of energy service to residential energy consumers during the emergency period4 7f7 ,interest rate ,a loan made under the loan program shall bear interest at a rate not to exceed #a percent per year4 7g7 ,borrower requirements 7#a7 ,application ,a qualified utility seeking a loan under the loan program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7,a7 the amount of the loan sought by the qualified utility1 which shall be in an amount equal to the payment shortfall of the qualified utility2 and 7,b7 a good faith certification that-- 7i7 a significant number of the residential energy consumers of the qualified utility are unable to pay for the energy service received by those residential energy consumers during the emergency period2 and 7ii7 the amount of the loan sought by the qualified utility is a good faith estimate of the payment shortfall of the qualified utility4 7#b7 ,final certification ,not earlier than the date that is #ah months after the date described in subsection 7a77#a77;,b7 and not later than the loan repayment date1 a qualified utility that receives a loan under the loan program shall make a good faith certification to the ,secretary of the amount of rates that the qualified utility has not recovered from the residential energy consumers of the qualified utility for the energy service provided to those residential energy consumers during the emergency period4 7#c7 ,reporting requirements ,a qualified utility that receives a loan under the loan program shall submit to the ,secretary a monthly report describing-- 7,a7 the number of residential energy consumers disconnected by the qualified utility for nonpayment2 7,b7 the number of service restorations to residential energy consumers disconnected for nonpayment2 7,c7 the average time between service disconnection for nonpayment and service restoration2 7,d7 the number of residential energy consumers that became eligible for disconnection for nonpayment but avoided disconnection because of a loan under the loan program2 7,e7 the number of residential energy consumers in arrears and the total dollar amount of arrears for residential energy consumers of the qualified utility2 and 7,f7 the amount of arrears forgiven by the qualified utility with respect to residential energy consumers4 7h7 ,taxability ,a loan forgiven under subsection 7e7 shall be excluded from gross income for purposes of the ,internal ,revenue ,code of #aihf4 7i7 ,savings clause ,except as provided in subsection 7e71 nothing in this section affects the obligation of-- 7#a7 an energy consumer to pay for energy service received by the energy consumer2 or 7#b7 a qualified utility to make reasonable1 good faith efforts to collect payment for energy service provided to energy consumers of the qualified utility4 7j7 ,mandatory spending ,there is appropriated to the ,secretary1 out of any funds in the ,treasury not otherwise appropriated1 #f1jjj1jjj1jjj to carry out this section1 to remain available until ,september #cj1 #bjbe4 #f4 ,emergency loans to internet service providers 7a7 ,definitions ,in this section3 7#a7 ,covered loan ,the term covered loan means a loan made by the ,secretary to an internet service provider under the program established under subsection 7c74 7#b7 ,internet consumer ,the term internet consumer means a household to which internet service is provided4 7#c7 ,emergency period ,the term emergency period means the period during which the national emergency declaration by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 is in effect4 7#d7 ,large internet service provider ,the term large internet service provider means an internet service provider that provides internet service to not fewer than #bej1jjj customers4 7#e7 ,loan repayment date ,the term loan repayment date means the date that is #b years after the last day of the emergency period4 7#f7 ,payment shortfall ,the term payment shortfall means the total amount of rates and charges for internet service provided by an internet service provider during the emergency period that the provider is unable to recover from internet consumers4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7#h7 ,small internet service provider ,the term small internet service provider means an internet service provider that provides internet service to fewer than #bej1jjj customers4 7b7 ,establishment of loan program ,the ,secretary shall establish a loan program in accordance with this section to ensure that internet service providers are able to continue providing internet service to their internet consumers during the emergency period4 7c7 ,loan authorization ,the ,secretary may make #a or more loans to an internet service provider under this section in a total amount equal to the payment shortfall of the internet service provider1 based on a good-faith estimate of the payment shortfall made by the provider when applying for the loan4 7d7 ,loan repayment 7#a7 ,in general ,except as provided in paragraph 7#b7 and subsections 7e7 and 7f71 not later than the loan repayment date1 an internet service provider receiving a covered loan shall repay the covered loan in full1 with accrued interest4 7#b7 ,extension if forgiveness amount pending ,it shall not be considered a violation of paragraph 7#a7 if an internet service provider-- 7,a7 submits a final certification under subsection 7h77#b7 on or before the loan repayment date2 7,b7 is unable to meet the deadline under paragraph 7#a7 of this subsection because the internet service provider is waiting for the ,secretary to calculate the amount of the covered loan that will be forgiven2 and 7,c7 pays the final balance owed on the covered loan within a reasonable amount of time1 as determined by the ,secretary1 after the ,secretary forgives the covered loan 7in whole or in part7 under subsection 7e77#a74 7e7 ,loan forgiveness 7#a7 ,forgiveness of covered loans 7,a7 ,in general ,except as provided in subsection 7f71 after receiving a final certification from an internet service provider under subsection 7h77#b71 the ,secretary shall forgive-- 7i7 the portion of the total amount of covered loans made to the internet service provider that is equal to the applicable amount2 and 7ii7 the interest accrued on the forgiven amount described in clause 7i74 7,b7 ,applicable amount ,for purposes of this paragraph1 the term applicable amount-- 7i7 with respect to a small internet service provider1 means the payment shortfall2 and 7ii7 with respect to a large internet service provider1 means one-half of the payment shortfall4 7#b7 ,forgiveness of customer debt ,upon forgiveness of the covered loans 7in whole or in part7 made to an internet service provider under paragraph 7#a71 the internet service provider shall forgive all outstanding debt of the internet consumers of the internet service provider relating to internet service provided during the emergency period4 7f7 ,right to call ,if1 after receipt of a covered loan1 an internet service provider discontinues internet service to an internet consumer for nonpayment of a bill during the emergency period1 the covered loan shall be due and payable in full to the ,secretary1 with accrued interest1 not later than #ij days after the date of discontinuance4 7g7 ,interest rate ,a covered loan shall bear interest at a rate of not more than #a percent per year4 7h7 ,borrower requirements 7#a7 ,initial certification ,in applying for a covered loan1 an internet service provider shall certify to the ,secretary that-- 7,a7 a significant number of its internet consumers are unable to pay for internet service during the national emergency2 and 7,b7 the amount of the covered loan requested is a good faith estimate of the payment shortfall of the internet service provider4 7#b7 ,final certification ,not earlier than #ah months after the last day of the emergency period1 and not later than the loan repayment date1 an internet service provider that receives a covered loan shall certify to the ,secretary the amount of the payment shortfall4 7i7 ,taxability ,for purposes of the ,internal ,revenue ,code of #aihf1 any amount that 7but for this subsection7 would be included in the gross income of an internet service provider by reason of forgiveness under subsection 7e77#a7 shall be excluded from gross income4 7j7 ,savings clause ,except as provided in subsection 7e71 nothing in this section shall be construed to relieve-- 7#a7 an internet consumer from paying for internet service provided to the internet consumer2 or 7#b7 an internet service provider from making reasonable1 good faith efforts to collect payment for internet service from its internet consumers4 7k7 ,direct appropriation ,out of any funds in the ,treasury not otherwise appropriated1 there is appropriated to the ,secretary to carry out this section #aj1jjj1jjj1jjj for fiscal year #bjba1 to remain available through ,september #cj1 #bjbe1 of which-- 7#a7 #d1jjj1jjj1jjj shall be for covered loans to small internet service providers2 and 7#b7 #f1jjj1jjj1jjj shall be for covered loans to large internet service providers4