Home Star Energy Retrofit Act of 2010 - Title I: Home Star Retrofit Rebate Program - (Sec. 101) Requires the Secretary of Energy (DOE) to: (1) establish the Home Star Retrofit Rebate Program to provide rebates to contractors to be passed through as discounts to homeowners who retrofit their homes to achieve energy savings; (2) establish a Federal Rebate Processing System to allow rebate aggregators to submit claims for reimbursement, quality assurance reports to be identified with the work for which rebates are claimed, and any Home Star loans to be linked to the work for which they are made; (3) establish a national retrofit website that provides information on the Program; and (4) develop model forms and data protocols for use by contractors, vendors, and quality assurance providers.
Requires a contractor, to be authorized to perform such retrofit work, to affirm in each Home Star rebate application submitted to a rebate aggregator that it meets specified requirements, including: (1) agreeing to pass through to the owner of a home, through a discount, the full economic value of all rebates received with respect to the home; and (2) certifying that no employee has been convicted of, or pleaded guilty to, a crime of child molestation, rape, or any other form of sexual assault.
Requires the Secretary to: (1) provide administrative and technical support to rebate aggregators and states; and (2) transmit to Congress a state-by-state analysis and review of the distribution of Home Star retrofit rebates.
Prohibits the Secretary from utilizing authority provided under this Act to: (1) develop, adopt, or implement a public labeling system that rates and compares the energy performance of one home with another; or (2) require the public disclosure of an energy performance evaluation or rating developed for any specific home.
Authorizes the Secretary to adjust the rebate amounts provided for under this Act to optimize the overall energy efficiency resulting from the Silver Star Home Energy Retrofit Program (Silver Star Program) and the Gold Star Home Energy Retrofit Program (Gold Star Program) established by this Act. Sets forth provisions concerning state and Indian tribe participation in the Home Star Retrofit Rebate Program.
Prohibits rebates from being provided under the Silver Star Program and the Gold Star Program with respect to the same home unless the energy savings measures installed pursuant to the Silver Star Program are excluded from the calculations performed for purposes of the Gold Star Program and the total amount of rebates paid for the home does not exceed the maximum rebate available pursuant to the Gold Star Home Energy Retrofit Program.
Encourages states that receive grants under this Act to form partnerships with utilities, energy service companies, and other entities to: (1) assist in marketing the Home Star Retrofit Rebate Program; (2) facilitate consumer financing; (3) assist in implementing the Silver Star Program and the Gold Star Program; and (4) assist in implementing quality assurance programs. Requires states, in carrying out rebate programs, to give priority to comprehensive retrofit programs in existence on this Act's enactment.
Requires the Secretary to establish and publicize a telephone hotline for contractors and homeowners to call to obtain information about the programs under this Act. Authorizes the Secretary to establish an online chat function through the website established for the Home Star Retrofit Rebate Program.
Requires the Secretary to ensure that a home in an area declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act as an area affected by a major disaster is not denied assistance under the Home Star Retrofit Rebate Program solely because there is no equipment or system to replace due to the disaster.
Provides that homeowners with a gross annual household income of more than $250,000 shall not be eligible for a rebate.
(Sec. 2) Requires the Secretary to: (1) develop a network of rebate aggregators that can facilitate the delivery of rebates to reimburse homeowners for work provided by participating contractors and vendors for energy efficiency retrofit work; (2) identify a sufficient number of rebate aggregators in each state to ensure that rebate applications can be accepted from all qualified contractors; (3) ensure that rebate aggregation services are available to all homeowners at the lowest reasonable cost; and (4) develop guidelines for states to allow utilities participating as rebate aggregators to count the energy savings from their participation toward state-level energy saving targets. Sets forth eligibility criteria for, and responsibilities of, rebate aggregators.
(Sec. 103) Establishes: (1) a Silver Star Program to award rebates during the first year after this Act's enactment to reimburse homeowners for work provided by participating contractors and vendors for the installation of specified energy savings measures, including air-sealing and insulation measures, duct sealing or replacement, window, door, or skylight replacement, heating or cooling system replacement, water heater replacement, and window film replacement; and (2) a Gold Star Program to award rebates to reimburse homeowners for work provided by participating accredited contractors and vendors for retrofits that achieve whole home energy savings. Prescribes rebate amounts, including: (1) $1,000 per measure for the installation of energy savings measures, up to $3,000 per home, for Silver Star rebates; and (2) $3,000 for a 20% reduction in whole home energy consumption and an additional $1,000 for each additional 5% reduction, up to the lower of $8,000 per home or 50% of the total retrofit cost, for Gold Star rebates.
Sets forth provisions concerning: (1) verification by an independent quality assurance provider of all work associated with retrofits and corrective work that a provider finds is needed; (2) review of information submitted to the Federal Rebate Processing System and payments made for rebates; and (3) homeowner complaints under the quality assurance program.
Authorizes rebates to be provided under the Gold Star Program for any measure listed as eligible for Silver Star rebates and any other energy-saving measure that can be demonstrated to improve energy efficiency and for which an energy efficiency contribution can be determined with confidence. Requires the Secretary to monitor the software programs used for determining rebates under the Gold Star Program.
Authorizes the Secretary to provide up to .3% of the funding available for carrying out the Gold Star Program for need-based scholarships to individuals to enable them to qualify as accredited contractors.
Excludes the installation or replacement of pool heaters as energy savings measures for purposes of the Gold Star Program.
(Sec. 105) Requires states that elect to carry out a quality assurance program to plan, develop, and implement a quality assurance framework. Requires the Secretary to solicit the submission of model state quality assurance framework plans and approve model plans that incorporate nationally consistent high standards. Requires the Secretary to suspend grants for state administration of a quality assurance program if the state has failed to plan, develop, or implement a quality assurance framework in accordance with this Act. Authorizes a state to carry out a quality assurance program as part of a state energy conservation plan under the Energy Policy and Conservation Act. Authorizes the Secretary, if a sate has not provided adequate oversight over a quality assurance program, to withhold further quality assurance funds from the state and require such program to be overseen by a national quality assurance program manager. Authorizes a state that receives a grant under this Act to implement a quality assurance program through the state or an independent quality assurance provider designated by the state.
(Sec. 106) Requires the Secretary to report to specified congressional committees on the Home Star Retrofit Rebate Program by December 31, 2012. Requires the Comptroller General to report to Congress on the results of a study of: (1) how much money can reasonably be estimated to be saved by American consumers, and how much energy can reasonably be estimated to be saved, as a result of the energy efficiency measures undertaken pursuant to this title; and (2) whether the savings from the energy efficiency measures undertaken pursuant to this title are greater than the cost of implementing it.
(Sec. 107) Requires the Secretary to report to specified congressional committees on a study that describes: (1) the efficiency through the life-cycle of air conditioning and heat pump products eligible under the Silver Star Program; and (2) a comparison of the efficiency through the life-cycle of air conditioning and heat pump products eligible under such Program to the efficiency of such products not eligible.
(Sec. 108) Establishes civil penalties for violations of the Home Star Retrofit Rebate Program.
(Sec. 109) Authorizes appropriations for FY2010-FY2011 for the Home Star Retrofit Rebate Program. Provides for the distribution of funding. Provides that the Program will cease to be effective after December 31, 2012.
(Sec. 110) Requires the Secretary to report to specified congressional committees on a study of the effects of the energy savings measures made as a result of this Act on noise abatement.
Title II: Energy Efficient Manufactured and Modular Homes - (Sec. 201) Authorizes the Secretary to make grants to state agencies responsible for developing state energy conservation plans to provide owners of manufactured homes constructed prior to 1976 funding to use to purchase new Energy Star qualified manufactured homes or new Energy Star qualified modular homes. Requires such grants to be distributed to states on the basis of their proportionate share of all such homes that are occupied as primary residences. Sets forth limitations on funding, including requiring: (1) recipients of funding to be owners of homes that have been used as primary residence on a year-round basis for at least the previous 12 months; (2) the manufactured home constructed prior to 1976 to be destroyed and replaced in an appropriate area with an Energy Star qualified manufactured home or Energy Star qualified modular home; (3) the total income of all members of the owner's household to not exceed 80% of the area median income in the applicable area; and (4) funding to not exceed $7,500 per manufactured home or modular home.
Authorizes appropriations for FY2010-FY2011.
Title III: Waste, Fraud, and Abuse - (Sec. 301) Requires DOE's Inspector General to report to Congress by July 1, 2012, on the amount of waste, fraud, and abuse occurring in programs created by this Act.
Title IV: Deficit Neutrality - (Sec. 401) Suspends this Act if it will have a negative net effect on the U.S. budget deficit.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5019 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5019
To provide for the establishment of the Home Star Retrofit Rebate
Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 14, 2010
Mr. Welch (for himself, Mr. Ehlers, Mr. Markey of Massachusetts, Mr.
Waxman, and Mr. Cardoza) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the establishment of the Home Star Retrofit Rebate
Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Star Energy Retrofit Act of
2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Accredited contractor.--The term ``accredited
contractor'' means a qualified contractor that is accredited--
(A) by the BPI; or
(B) under other standards approved by the
Secretary, in consultation with the Administrator.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) BPI.--The term ``BPI'' means the Building Performance
Institute.
(4) Certified workforce.--The term ``certified workforce''
means a residential energy efficiency construction workforce in
which all employees performing installation work are certified
in the appropriate job skills under--
(A) an applicable third party skills standard
established by--
(i) BPI;
(ii) North American Technician Excellence;
(iii) the Laborers' International Union of
North America; or
(B) other standards approved by the Secretary, in
consultation with the Secretary of Labor and the
Administrator.
(5) Conditioned space.--The term ``conditioned space''
means the area of a home that is--
(A) intended for habitation; and
(B) intentionally heated or cooled.
(6) DOE.--The term ``DOE'' means the Department of Energy.
(7) Electric utility.--The term ``electric utility'' means
any person, State agency, rural electric cooperative,
municipality, or other governmental entity that delivers or
sells electric energy at retail, including nonregulated
utilities and utilities that are subject to State regulation
and Federal power marketing administrations.
(8) EPA.--The term ``EPA'' means the Environmental
Protection Agency.
(9) Federal rebate processing system.--The term ``Federal
Rebate Processing System'' means the Federal Rebate Processing
System established under section 3(b).
(10) Gold star home energy retrofit program.--The term
``Gold Star Home Energy Retrofit Program'' means the Gold Star
Home Energy Retrofit Program established under section 6.
(11) Home.--The term ``home'' means a principal residential
dwelling unit in a building with no more than 4 dwelling units
that--
(A) is located in the United States; and
(B) was constructed before the date of enactment of
this Act.
(12) Home star loan program.--The term ``Home Star Loan
Program'' means the Home Star Energy Efficiency Loan Program
established under section 12.
(13) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(14) National home performance council.--The term
``National Home Performance Council'' means the National Home
Performance Council, Inc.
(15) Natural gas utility.--The term ``natural gas utility''
means any person or State agency that transports, distributes,
or sells natural gas at retail, including nonregulated
utilities and utilities that are subject to State regulation.
(16) Qualified contractor.--The term ``qualified
contractor'' means a residential energy efficiency contractor
meeting minimum applicable requirements as determined under
section 3(c).
(17) Quality assurance program.--
(A) In general.--The term ``quality assurance
program'' means a program authorized under this Act to
oversee the delivery of home efficiency retrofit
programs to ensure that work is performed in accordance
with standards and criteria established under this Act.
(B) Inclusions.--For purposes of subparagraph (A),
delivery of retrofit programs includes field
inspections required under this Act, with the consent
of participating consumers and without delaying rebate
payments to participating contractors and vendors.
(18) Quality assurance provider.--
(A) In general.--The term ``quality assurance
provider'' means any entity that is authorized pursuant
to this Act to perform field inspections and other
measures required to confirm the compliance of retrofit
work with the requirements of this Act.
(B) Certification requirement.--To be considered a
quality assurance provider under this paragraph, an
entity shall be certified through--
(i) the International Code Council;
(ii) the BPI;
(iii) the RESNET;
(iv) a State;
(v) a State-approved residential energy
efficiency retrofit program; or
(vi) any other entity designated for such
purpose by the Secretary, in consultation with
the Administrator.
(19) Rebate aggregator.--The term ``rebate aggregator''
means an entity that meets the requirements of section 4.
(20) RESNET.--The term ``RESNET'' means the Residential
Energy Services Network.
(21) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(22) Silver star home energy retrofit program.--The term
``Silver Star Home Energy Retrofit Program'' means the Silver
Star Home Energy Retrofit Program established under section 5.
(23) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the United States Virgin Islands;
(G) the Northern Mariana Islands; and
(H) any other commonwealth, territory, or
possession of the United States.
SEC. 3. HOME STAR RETROFIT REBATE PROGRAM.
(a) In General.--The Secretary shall establish the Home Star
Retrofit Rebate Program.
(b) Federal Rebate Processing System.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of the Treasury and the Administrator, shall--
(A) establish a Federal Rebate Processing System
which shall serve as a database and information
technology system to allow rebate aggregators to submit
claims for reimbursement using standard data protocols;
(B) establish a national retrofit website that
provides information on the Home Star Retrofit Rebate
Program, including how to determine whether particular
energy efficiency measures are eligible for rebate and
how to participate in the program; and
(C) publish model forms and data protocols for use
by contractors, vendors, and quality assurance
providers to comply with the requirements of this Act.
(2) Model certification forms.--In carrying out this
section, the Secretary shall consider the model certification
forms developed by the National Home Performance Council.
(c) Qualified Contractor Requirements.--A qualified contractor may
perform retrofit work for which rebates are authorized under this Act
only if it executes a Home Star participation agreement with a rebate
aggregator affirming that it meets applicable requirements, including--
(1) all applicable State contractor licensing requirements
or, with respect to a State that has no such requirements, any
appropriate comparable requirements established under paragraph
(6);
(2) insurance coverage of at least $1,000,000 for general
liability, and for such other purposes and in such other
amounts as may be required by the State;
(3) agreeing to provide warranties to homeowners that
completed work will--
(A) be free of significant defects;
(B) be installed in accordance with the
specifications of the manufacturer; and
(C) perform properly for a period of at least 1
year after the date of completion of the work;
(4) agreeing to pass through to the owner of a home,
through a discount, the full economic value of all rebates
received under this Act with respect to the home;
(5) agreeing to provide to the homeowner a notice of--
(A) the amount of the rebate the contractor intends
to apply for with respect to the eligible work under
this Act, before a contract is executed between the
contractor and a homeowner covering the eligible work;
and
(B) the means by which the rebate will be passed
through as a discount to the homeowner; and
(6) any other appropriate requirements as determined by the
Secretary, in consultation with the Administrator.
(d) Administrative and Technical Support.--Subject to section 13
(b) and (c), beginning not later than 30 days after the date of
enactment of this Act, the Secretary shall provide such administrative
and technical support to rebate aggregators and States as is necessary
to carry out this Act.
(e) Administration.--
(1) Appointment of personnel.--Notwithstanding the
provisions of title 5, United States Code, governing
appointments in the competitive service and General Schedule
classifications and pay rates, the Secretary may appoint such
professional and administrative personnel as the Secretary
considers necessary to carry out this Act.
(2) Rate of pay.--The rate of pay for a person appointed
under paragraph (1) shall not exceed the maximum rate payable
for GS-15 of the General Schedule under chapter 53 of title 5,
United States Code.
(3) Consultants.--Notwithstanding section 303 of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253), the Secretary may retain such consultants on a
noncompetitive basis as the Secretary considers necessary to
carry out this Act.
(4) Contracting.--In carrying out this Act, the Secretary
may waive all or part of any provision of the Competition in
Contracting Act of 1984 (Public Law 98-369; 98 Stat. 1175), an
amendment made by that Act, or the Federal Acquisition
Regulation on a determination that circumstances make
compliance with the provisions contrary to the public interest.
(5) Regulations.--
(A) In general.--Notwithstanding section 553 of
title 5, United States Code, the Secretary may issue
regulations that the Secretary, in the sole discretion
of the Secretary, determines necessary to--
(i) establish;
(ii) achieve full operational status within
60 days after the date of enactment of this Act
for; or
(iii) carry out,
the Home Star Retrofit Rebate Program.
(B) Timing.--If the Secretary determines that
regulations described in subparagraph (A) are
necessary, the regulations shall be issued not later
than 60 days after such determination.
(6) Information collection.--Chapter 35 of title 44, United
States Code, shall not apply to any information collection
requirement necessary for the implementation of the Home Star
Retrofit Rebate Program.
(7) Effective period.--Paragraphs (1), (3), (4), (5), and
(6) shall be effective only for fiscal years 2010 and 2011.
(f) Program Review.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall prepare and transmit to
Congress a State-by-State analysis and review the distribution of Home
Star retrofit rebates under this Act.
(g) Adjustment of Rebate Amounts.--Effective beginning on the date
that is 180 days after the date of enactment of this Act, the Secretary
may, after not less than 30 days public notice, prospectively adjust
the rebate amounts provided for under this Act as necessary to optimize
the overall energy efficiency resulting from the Silver Star Home
Energy Retrofit Program and the Gold Star Home Energy Retrofit Program.
(h) Indian Tribe Participation.--
(1) In general.--An Indian tribe, within 30 days after the
date of enactment of this Act, may indicate to the Secretary
its intention to act in place of a State for purposes of
carrying out the responsibilities of the State under this Act
with respect to its tribal lands. If the Indian tribe so
indicates, the Secretary shall treat the Indian tribe as the
State for purposes of carrying out this Act with respect to
those tribal lands.
(2) Transition of responsibilities.--The Secretary may
permit an Indian tribe, after the expiration of 30 days after
the date of enactment of this Act, to assume the
responsibilities of a State under this Act with respect to its
tribal lands if the Secretary finds that such assumption of
responsibilities will not disrupt the ongoing administration of
the program under this Act.
(3) Cooperation.--An Indian tribe may cooperate with a
State or the Secretary to ensure that all of the requirements
of this Act are carried out with respect to the tribal lands.
(i) Implementation by Secretary.--
(1) In general.--If a State has not indicated to the
Secretary within 30 days after the date of enactment of this
Act that it is prepared to carry out section 7, or if at any
later time the Secretary determines that a State is no longer
prepared to carry out section 7, to the extent that no Indian
tribe assumes such responsibilities under subsection (h) the
Secretary shall assume the responsibilities of that State with
respect to carrying out section 7.
(2) Transition of responsibilities.--The Secretary may
permit a State, after the Secretary has assumed the
responsibilities of that State under paragraph (1), to assume
the responsibilities assigned to States under section 7 with
respect to that State if the Secretary finds that such
assumption of responsibilities will not disrupt the ongoing
administration of the program under this Act.
(j) Limitation.--Rebates may not be provided under both section 5
and section 6 with respect to the same home.
(k) Forms for Certification and Quality Assurance.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall make available on
the website established under subsection (b)(1)(B), model
certification forms for compliance with quality assurance
requirements under this Act, to be submitted by--
(A) each qualified contractor, accredited
contractor, and quality assurance provider on
completion of an eligible home energy retrofit; and
(B) each quality assurance provider on completion
of field verification required under this section.
(2) National home performance council.--The Secretary,
States, and Indian tribes shall consider and may use model
certification forms developed by the National Home Performance
Council to ensure compliance with quality assurance
requirements under this Act.
(l) Public-Private Partnerships.--A State that receives a grant
under this Act is encouraged to form partnerships with utilities,
energy service companies, and other entities--
(1) to assist in marketing the Home Star Retrofit Rebate
Program;
(2) to facilitate consumer financing;
(3) to assist in implementation of the Silver Star Home
Energy Retrofit Program and the Gold Star Home Energy Retrofit
Program, including installation of qualified energy retrofit
measures; and
(4) to assist in implementing quality assurance programs.
(m) Coordination of Rebate and Existing State-Sponsored Programs.--
(1) In general.--A State shall, to the maximum extent
practicable, prevent duplication through coordination of a
program authorized under this Act with--
(A) the Energy Star appliance rebates program
authorized under section 124 of the Energy Policy Act
of 2005 (42 U.S.C. 15821), and any other Federal
programs that provide funds to States for home or
appliance energy efficiency purposes; and
(B) comparable programs planned or operated by
States, political subdivisions, electric and natural
gas utilities, Federal power marketing administrations,
and Indian tribes.
(2) Existing programs.--In carrying out this subsection, a
State shall--
(A) give priority to--
(i) comprehensive retrofit programs in
existence on the date of enactment of this Act,
including programs under the supervision of
State utility regulators; and
(ii) using funds made available under this
Act to enhance and extend existing programs;
and
(B) seek to enhance and extend existing programs by
coordinating with administrators of the programs.
(n) Health and Safety Requirements.--Nothing in this Act shall
relieve any contractor from the obligation to comply with applicable
Federal, State, and local health and safety code requirements.
SEC. 4. REBATE AGGREGATORS.
(a) In General.--The Secretary shall develop a network of rebate
aggregators that can facilitate the delivery of rebates to
participating contractors and vendors, to reimburse those contractors
and vendors for discounts provided to homeowners for energy efficiency
retrofit work. The Secretary shall approve or deny an application from
a person seeking to become a rebate aggregator not later than 30 days
after receiving such application.
(b) Availability.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall ensure that rebate
aggregation services are available to all homeowners in the United
States at the lowest reasonable cost.
(c) Responsibilities.--Rebate aggregators shall--
(1) review each proposed rebate application for
completeness and accuracy;
(2) review all measures for which rebates are sought for
eligibility in accordance with this Act;
(3) provide data to the Secretary for inclusion in the
database maintained through the Federal Rebate Processing
System, consistent with data protocols established by the
Secretary;
(4) not later than 30 days after the date of receipt,
distribute funds received from the Secretary to contractors,
vendors, or other persons in accordance with approved claims
for reimbursement made to the Federal Rebate Processing System;
(5) maintain appropriate accounting for rebate applications
processed, and their disposition;
(6) review contractor qualifications and accreditation and
retain documentation of such qualification and accreditation,
as required for contractors to be authorized to perform
residential energy efficiency retrofit work under this Act; and
(7) maintain information regarding contractors' fulfillment
of the requirements of section 3(c).
(d) Eligibility.--To be eligible to apply to the Secretary for
approval as a rebate aggregator, an entity--
(1) shall be--
(A) a Home Performance with Energy Star partner;
(B) an entity administering a residential energy
efficiency retrofit program established or approved by
a State;
(C) a Federal power marketing administration;
(D) an electric utility or a natural gas utility
administering or offering a residential energy
efficiency retrofit program; or
(E) an entity--
(i) with corporate status or status as a
State or local government;
(ii) who can demonstrate adequate financial
capability to manage a rebate aggregator
program, as evidenced by audited financial
records; and
(iii) whose participation in the program,
in the judgment of the Secretary, would not
disrupt existing residential retrofit programs
in the States that are carrying out the Home
Star Retrofit Rebate Program under this Act;
(2) must be able to demonstrate--
(A) a relationship with 1 or more independent
quality assurance providers that is sufficient to meet
the volume of contracting services delivered;
(B) the capability to provide such electronic data
as is required by the Secretary to the Federal Rebate
Processing System; and
(C) a financial system that is capable of tracking
the distribution of rebates to participating
contractors and vendors; and
(3) shall include in its application the amount it proposes
to charge for the review and processing of a rebate under this
Act.
(e) Public Utility Commission Efficiency Targets.--The Secretary
shall--
(1) develop guidelines for States to use to allow utilities
participating as rebate aggregators to count the energy savings
from their participation toward State-level energy savings
targets; and
(2) work with States to assist in the adoption of these
guidelines for the purposes and duration of the Home Star
Retrofit Rebate Program.
SEC. 5. SILVER STAR HOME ENERGY RETROFIT PROGRAM.
(a) In General.--During the first year after the date of enactment
of this Act, a Silver Star Home Energy Retrofit Program rebate shall be
awarded, subject to the maximum amount limitations under subsection
(d)(4), to participating contractors and vendors, to reimburse them for
discounts provided to the owner of the home for the retrofit work, for
the installation of energy savings measures--
(1) selected from the list of energy savings measures
described in subsection (b);
(2) installed after the date of enactment of this Act in
the home by a qualified contractor; and
(3) carried out in compliance with this section.
(b) Energy Savings Measures.--Subject to subsection (c), a rebate
shall be awarded under subsection (a) for the installation of the
following energy savings measures for a home energy retrofit that meet
technical standards established under this section:
(1) Whole house air-sealing measures, in accordance with
BPI standards or other procedures approved by the Secretary.
(2) Attic insulation measures that--
(A) include sealing of air leakage between the
attic and the conditioned space, in accordance with BPI
standards or the attic portions of the DOE or EPA
thermal bypass checklist or other procedures approved
by the Secretary;
(B) add at least R-19 insulation to existing
insulation;
(C) result in at least R-38 insulation in DOE
climate zones 1 through 4 and at least R-49 insulation
in DOE climate zones 5 through 8, including existing
insulation, within the limits of structural capacity;
and
(D) cover at least--
(i) 100 percent of an accessible attic; or
(ii) 75 percent of a total conditioned
space floor area.
(3) Duct seal or replacement that--
(A) is installed in accordance with BPI standards
or other procedures approved by the Secretary; and
(B) in the case of duct replacement, replaces at
least 50 percent of a distribution system of the home.
(4) Wall insulation that--
(A) is installed in accordance with BPI standards
or other procedures approved by the Secretary;
(B) is to full-stud thickness; and
(C) covers at least 75 percent of the total
external wall area of the home.
(5) Crawl space insulation or basement wall and rim joist
insulation that is installed in accordance with BPI standards
or other procedures approved by the Secretary and--
(A) covers at least 500 square feet of crawl space
or basement wall and adds at least--
(i) R-19 of cavity insulation or R-15 of
continuous insulation to existing crawl space
insulation; or
(ii) R-13 of cavity insulation or R-10 of
continuous insulation to basement walls; and
(B) fully covers the rim joist with at least R-10
of new continuous or R-13 of cavity insulation.
(6) Window replacement that replaces at least 8 exterior
windows or skylights, or 75 percent of the exterior windows and
skylights in a home, whichever is less, with windows or
skylights that--
(A) are certified by the National Fenestration
Rating Council; and
(B) comply with criteria applicable to windows and
skylights under section 25(c) of the Internal Revenue
Code of 1986.
(7) Door replacement that replaces at least 1 exterior door
with doors that comply with criteria applicable to doors under
section 25(c) of the Internal Revenue Code of 1986.
(8)(A) Heating system replacement of--
(i) a natural gas or propane furnace with a furnace
that has an AFUE rating of 92 or greater;
(ii) a natural gas or propane boiler with a boiler
that has an AFUE rating of 90 or greater;
(iii) an oil furnace with a furnace that has an
AFUE rating of 86 or greater and that uses an
electrically commutated blower motor;
(iv) an oil boiler with a boiler that has an AFUE
rating of 86 or greater and that has temperature reset
or thermal purge controls; or
(v) a wood or wood pellet furnace, boiler, or
stove, if--
(I) the new system--
(aa) meets at least 75 percent of
the heating demands of the home;
(bb) has a distribution system
(such as ducts or vents) that allows
heat to reach all or most parts of the
home; and
(cc) in the case of a wood stove,
replaces an existing wood stove; and
(II) an independent test laboratory
approved by the Secretary certifies that the
new system--
(aa) has thermal efficiency (lower
heating value) of at least 75 percent
for stoves and 80 percent for furnaces
and boilers; and
(bb) has particulate emissions of
less than 4.5 grams per hour for
stoves.
(B) A rebate may be provided under this section for the
replacement of a furnace or boiler described in clauses (i)
through (iv) of subparagraph (A) only if the new furnace or
boiler is installed in accordance with ANSI/ACCA Standard 5 QI-
2007.
(9) Air conditioner or heat pump replacement with a new
unit that--
(A) is installed in accordance with ANSI/ACCA
Standard 5 QI-2007; and
(B) meets or exceeds--
(i) in the case of an air conditioner, SEER
16 and EER 13; and
(ii) in the case of a heat pump, SEER 15,
EER 12.5, and HSPF 8.5.
(10) Heating or cooling system replacement with an Energy
Star qualified geothermal heat pump that meets Tier 2
efficiency requirements and that is installed in accordance
with ANSI/ACCA Standard 5 QI-2007.
(11) Replacement of a natural gas, propane, or electric
water heater with--
(A) a natural gas or propane storage water heater
with an energy factor of 0.80 or more or a thermal
efficiency of 90 percent or more;
(B) a tankless natural gas or propane water heater
with an energy factor of at least .82;
(C) a natural gas or propane storage water heater
with an energy factor of at least .67;
(D) an indirect water heater with an insulated
storage tank that--
(i) has a storage capacity of at least 30
gallons and is insulated to at least R-16; and
(ii) is installed in conjunction with a
qualifying boiler described in paragraph (8);
(E) an electric water heater with an energy factor
of 2.0 or more;
(F) an electric tankless water heater with an
efficiency factor of .96 or more, that operates on not
greater than 25 kilowatts;
(G) a solar hot water system that--
(i) is certified by the Solar Rating and
Certification Corporation; or
(ii) meets technical standards established
by the State of Hawaii; or
(H) a water heater installed in conjunction with a
qualifying geothermal heat pump described in paragraph
(10) that provides domestic water heating through the
use of a desuperheater or demand water heating
capability.
(12) Storm windows that--
(A) are installed on at least 5 existing single-
glazed windows that do not have storm windows;
(B) are installed in a home listed on or eligible
for listing in the National Register of Historic
Places; and
(C) comply with any procedures that the Secretary
may set for storm windows and their installation.
(c) Installation Costs.--Measures described in paragraphs (1)
through (12) of subsection (b) shall include expenditures for labor and
other installation-related costs properly allocable to the onsite
preparation, assembly, or original installation of the component.
(d) Amount of Rebate.--
(1) In general.--Except as provided in paragraphs (2)
through (4), the amount of a rebate provided under subsection
(a) shall be $1,000 per measure for the installation of energy
savings measures described in subsection (b).
(2) Higher rebate amount.--Except as provided in paragraph
(4), the amount of a rebate provided under subsection (a) shall
be $1,500 per measure for--
(A) attic insulation and air sealing described in
subsection (b) (1) or (2); and
(B) wall insulation described in subsection (b)(4).
(3) Lower rebate amount.--Except as provided in paragraph
(4), the amount of a rebate provided under subsection (a) shall
be--
(A) $125 per door for the installation of up to a
maximum of 2 Energy Star doors described in subsection
(b)(7) for each home;
(B) $250 for a maximum of 1 natural gas or propane
storage water heater described in subsection (b)(10)(C)
for each home;
(C) $250 for rim joist insulation described in
subsection (b)(5)(B);
(D) $50 for each storm window described in
subsection (b)(11), with a minimum of 5 storm windows
and a maximum of 12; and
(E) $250 each for a maximum of 4 electric tankless
water heaters described in subsection (b)(10)(F) for
each home.
(4) Maximum amount.--The total amount of rebates provided
for a home under this section shall not exceed the lower of--
(A) $3,000;
(B) 50 percent of the total cost of the installed
measures; or
(C) if the Secretary finds that the net value to
the homeowner of the rebates, as a function of the
discount the contractor or vendor provides to the
homeowner for the installed measures, is less than the
amount of the rebates, the actual net value to the
homeowner.
(e) Verification and Correction of Work.--
(1) Reimbursement.--On submission of a claim by a rebate
aggregator to the Federal Rebate Processing System, the
Secretary shall provide reimbursement to the rebate aggregator
for energy-efficiency measures installed in a home, subject to
paragraphs (2) and (3).
(2) Verification.--
(A) Percentage of retrofits verified.--
(i) In general.--Except as provided in
clause (ii), not less than--
(I) 20 percent of the retrofits
performed by each qualified contractor
under this section with respect to a
rebate described in subsection (a)
shall be randomly subject to field
verification by an independent quality
assurance provider of all work
associated with the retrofit; and
(II) in the case of a qualified
contractor that always uses a certified
workforce, 10 percent of the retrofits
performed by that contractor under this
section with respect to a rebate
described in subsection (a) shall be
randomly subject to field verification
by an independent quality assurance
provider of all work associated with
the retrofit.
(ii) Exceptions.--In the case of a
qualified contractor whose previous retrofit
work--
(I) the Secretary or the State has
found to fail to comply with the
requirements of this section, the
Secretary may establish a higher
percentage of the retrofits performed
by that contractor under this section
with respect to a rebate described in
subsection (a) to be subject to field
verification by an independent quality
assurance provider; and
(II) the Secretary or the State has
found to successfully comply with the
requirements of this section, the
Secretary may establish a lower
percentage of the retrofits performed
by that contractor under this section
with respect to a rebate described in
subsection (a) to be subject to field
verification by an independent quality
assurance provider.
(B) Homeowner complaint.--A homeowner may make a
complaint under the quality assurance program that
compliance with the quality assurance requirements of
this Act has not been achieved. The quality assurance
program shall provide that, upon receiving such a
complaint, an independent quality assurance provider
shall conduct field verification on the retrofit work
performed by the contractor. Verifications under this
subparagraph shall be in addition to those conducted
under subparagraph (A), and shall be corrected in
accordance with paragraph (3).
(3) Correction.--Rebates under subsection (a) shall be made
subject to the following conditions:
(A) The installed measures will comply with the
specifications and quality standards under this section
if a field verification by a quality assurance provider
finds that corrective work is needed. Such compliance
shall be achieved by the installing accredited
contractor not later than 14 days after the date of
notification of a defect pursuant to a warranty,
provided at no additional cost to the homeowner.
(B) A subsequent quality assurance visit shall be
conducted to evaluate the remedy not later than 7 days
after notification that the defect has been corrected.
(C) The quality assurance provider shall notify the
contractor of the disposition of such visit not later
than 7 days after the date of the visit.
(4) Access to home.--In order to be eligible for a discount
from a contractor or vendor for which a rebate is provided
under subsection (a), a homeowner shall agree to permit such
access to the home as is necessary to verify and correct
retrofit work.
(f) Products Purchased Without Installation Services.--
(1) In general.--A Silver Star Home Energy Retrofit Program
rebate shall be awarded for attic, wall, and crawl space
insulation and air-sealing products that--
(A) qualify for a tax credit under section 25C of
the Internal Revenue Code of 1986, but with respect to
which no claim for such a tax credit has been made;
(B) are purchased by a homeowner for installation
by the homeowner in a home identified by its address by
the homeowner; and
(C) are identified and attributed to that home in a
rebate submission by the vendor to a rebate aggregator.
(2) Limitation.--No rebate may be provided under this
subsection with respect to insulation or products that are
employed in energy-efficiency measures with respect to which a
rebate is provided under this section or section 6.
(3) Amount of rebate.--A rebate under this subsection shall
be awarded for 50 percent of the total cost of the products
described in paragraph (1), not to exceed $250 per home.
(g) Review.--
(1) In general.--The Secretary shall determine whether
information submitted to the Federal Rebate Processing System
with respect to a rebate was complete, and on the basis of that
information and other information available to the Secretary,
shall determine whether the requirements of this section were
met in all respects.
(2) Incorrect payment.--On a determination of the Secretary
under paragraph (1) that a payment was made incorrectly to a
party, or that sufficient information was not submitted to the
Federal Rebate Processing System to enable such determination,
the Secretary--
(A) may--
(i) recoup the amount of the incorrect
payment; or
(ii) withhold the amount of the incorrect
payment from a payment made to the party
pursuant to a subsequent request; and
(B) shall, to the extent the Secretary determines
the benefit of the rebate was not passed through to the
homeowner through a discount on the price of the
retrofit work, order the contractor or vendor to pay
the amount of rebate benefit not previously passed
through to the homeowner.
SEC. 6. GOLD STAR HOME ENERGY RETROFIT PROGRAM.
(a) In General.--A Gold Star Home Energy Retrofit Program rebate
shall be awarded, subject to subsection (c), to participating
accredited contractors and vendors, to reimburse them for discounts
provided to the owner of the home for the retrofit work, for retrofits
that achieve whole home energy savings carried out after the date of
enactment of this Act in accordance with this section.
(b) Energy Savings.--
(1) In general.--Reductions in whole home energy
consumption under this section shall be determined by a
comparison of the simulated energy consumption of the home
before and after the retrofit of the home.
(2) Documentation.--The percent improvement in energy
consumption of a home under this section shall be documented
through--
(A)(i) the use of a whole home simulation software
program that has been approved as a commercial
alternative under the Weatherization Assistance Program
for Low-Income Persons established under part A of
title IV of the Energy Conservation and Production Act
(42 U.S.C. 6861 et seq.); or
(ii) a equivalent performance test established by
the Secretary, in consultation with the Administrator;
or
(B)(i) the use of a whole home simulation software
program that has been approved under RESNET Publication
No. 06-001 (or a successor publication approved by the
Secretary);
(ii) an equivalent performance test established by
the Secretary, in consultation with the Administrator;
(iii) a State-certified equivalent rating network,
as specified by IRS Notice 2008-35; or
(iv) a HERS rating system approved or required by
the law of the State in which the home is located.
(3) Monitoring.--The Secretary--
(A) shall continuously monitor the software
programs used for determining rebates under this
section; and
(B) may disallow the use of software programs that
improperly assess energy savings.
(4) Assumptions and testing.--The Secretary may--
(A) establish simulation software program
assumptions for carrying out paragraph (2);
(B) require compliance with software program
performance tests covering--
(i) mechanical system performance;
(ii) duct distribution system efficiency;
(iii) hot water performance; or
(iv) other measures; and
(C) require the simulation of pre-retrofit energy
usage to be determined by metered pre-retrofit energy
usage.
(5) Recommended measures.--Software programs used under
this subsection shall have the ability at a minimum to assess
the savings associated with all the measures for which rebates
are specifically provided under the Silver Star Home Energy
Retrofit Program.
(c) Amount of Rebate.--Subject to subsection (d)(2), the amount of
a rebate provided under this section shall be--
(1) $3,000 for a 20-percent reduction in whole home energy
consumption; and
(2) an additional $1,000 for each additional 5-percent
reduction up to the lower of--
(A) $8,000; or
(B) 50 percent of the total retrofit cost.
(d) Verification and Correction of Work.--
(1) Reimbursement.--On submission of a claim by a rebate
aggregator to the Federal Rebate Processing System, the
Secretary shall provide reimbursement to the rebate aggregator
for energy-efficiency measures installed in a home, subject to
paragraphs (2) and (3).
(2) Verification.--
(A) In general.--Subject to subparagraph (B), all
work conducted in a home as part of a whole-home
retrofit by an accredited contractor under this section
shall be subject to random field verification by an
independent quality assurance provider at a rate of--
(i) 15 percent; or
(ii) in the case of work performed by an
accredited contractor always using a certified
workforce, 10 percent.
(B) Verification not required.--A home shall not be
subject to field verification under subparagraph (A)
if--
(i) a post-retrofit home energy rating is
conducted by an entity that is an eligible
certifier in accordance with--
(I) RESNET Publication No. 06-001
(or a successor publication approved by
the Secretary);
(II) a State-certified equivalent
rating network, as specified in IRS
Notice 2008-35; or
(III) a HERS rating system required
by the law of the State in which the
home is located;
(ii) the eligible certifier is independent
of the accredited contractor in accordance with
RESNET Publication No. 06-001 (or a successor
publication approved by the Secretary); and
(iii) the rating includes field
verification of all measures for which rebates
are being provided.
(C) Homeowner complaint.--A homeowner may make a
complaint under the quality assurance program that
compliance with the quality assurance requirements of
this Act has not been achieved. The quality assurance
program shall provide that, upon receiving such a
complaint, an independent quality assurance provider
shall conduct field verification on the retrofit work
performed by the contractor. Verifications under this
subparagraph shall be in addition to those conducted
under subparagraph (A), and shall be corrected in
accordance with paragraph (3).
(D) Access to home.--In order to be eligible for a
discount from a contractor or vendor for which a rebate
is provided under this section, a homeowner shall agree
to permit such access to the home as is necessary to
verify and correct retrofit work.
(3) Correction.--Rebates under this section shall be made
subject to the following conditions:
(A) The installed measures will comply with
manufacturer and applicable code standards and the
specifications and quality standards under this section
if a field verification by an independent quality
assurance provider finds that corrective work is
needed. Such compliance shall be achieved by the
installing accredited contractor not later than 14 days
after the date of notification of a defect pursuant to
a warranty, provided at no additional cost to the
homeowner.
(B) A subsequent quality assurance visit shall be
conducted to evaluate the remedy not later than 7 days
after notification that the defect has been corrected.
(C) The quality assurance provider shall notify the
contractor of the disposition of such visit not later
than 7 days after the date of the visit.
(e) Review.--
(1) In general.--The Secretary shall determine whether
information submitted to the Federal Rebate Processing System
with respect to a rebate was complete, and on the basis of that
information and other information available to the Secretary,
shall determine whether the requirements of this section were
met in all respects.
(2) Incorrect payment.--On a determination of the Secretary
under paragraph (1) that a payment was made incorrectly to a
party, or that sufficient information was not submitted to the
Federal Rebate Processing System to enable such determination,
the Secretary--
(A) may--
(i) recoup the amount of the incorrect
payment; or
(ii) withhold the amount of the incorrect
payment from a payment made to the party
pursuant to a subsequent request; and
(B) shall, to the extent the Secretary determines
the benefit of the rebate was not passed through to the
homeowner through a discount on the price of the
retrofit work, order the contractor or vendor to pay
the amount of rebate benefit not previously passed
through to the homeowner.
SEC. 7. QUALITY ASSURANCE.
(a) Quality Assurance Framework.--
(1) In general.--Not later than 180 days after the date
that the Secretary initially provides funds to a State under
this Act, the State shall submit to the Secretary a plan to
implement a quality assurance program that covers all
residential energy efficiency retrofit work sponsored or
provided under this Act.
(2) Implementation.--The State shall--
(A) develop a quality assurance framework in
consultation with industry stakeholders, including
representatives of efficiency program managers,
contractors, and environmental, energy efficiency, and
labor organizations; and
(B) implement the quality assurance framework not
later than 90 days after the plan is submitted to the
Secretary under paragraph (1).
(3) Components.--The quality assurance framework
established under this subsection shall include--
(A) maintenance of a list of such qualified
contractors and accredited contractors;
(B) minimum standards for such qualified
contractors or accredited contractors;
(C) requirements for maintenance and delivery to
the Federal Rebate Processing System of information
needed to verify compliance and ensure appropriate
compensation for quality assurance providers;
(D) targets and realistic plans for--
(i) the recruitment of minority or women-
owned small business enterprises;
(ii) the employment of graduates of
training programs that primarily serve low-
income populations with a median income that is
below 200 percent of the poverty line (as
defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2),
including any revision required by that
section) by participating contractors;
(E) a plan to link workforce training for energy
efficiency retrofits with training for the broader
range of skills and occupations in construction or
emerging clean energy industries; and
(F) maintenance of a list of qualified quality
assurance providers and minimum standards for such
quality assurance providers.
(4) Noncompliance.--If the Secretary determines that a
State has not taken the steps required under this subsection,
the Secretary shall provide to the State a period of at least
90 days to comply before suspending the participation of the
State in the Home Star Retrofit Rebate Program.
(b) Quality Assurance Programs.--
(1) In general.--A State may carry out a quality assurance
program--
(A) as part of a State energy conservation plan
established under part D of title III of the Energy
Policy and Conservation Act (42 U.S.C. 6321 et seq.);
(B) to be managed by the office or the designee of
the office--
(i) that is responsible for the development
of the plan under section 362 of that Act (42
U.S.C. 6322); and
(ii) to the maximum extent practicable,
that is conducting an existing energy
efficiency program; and
(C) in the case of a grant made to an Indian tribe,
to be managed by an entity designated by the Indian
tribe to carry out a quality assurance program or a
national quality assurance program manager.
(2) Noncompliance.--If the Secretary determines that a
State has not provided or cannot provide adequate oversight
over a quality assurance program to ensure compliance with this
Act, the Secretary may--
(A) withhold further quality assurance funds from
the State; and
(B) require that quality assurance providers
operating in the State be overseen by a national
quality assurance program manager selected by the
Secretary.
(3) Implementation.--A State that receives a grant under
this Act may implement a quality assurance program through the
State or an independent quality assurance provider designated
by the State, including--
(A) an energy service company;
(B) an electric utility;
(C) a natural gas utility;
(D) an independent administrator designated by the
State; or
(E) a unit of local government.
SEC. 8. REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on this Act.
(b) Contents.--The report shall include a description of--
(1) the energy savings produced as a result of this Act;
(2) the direct and indirect employment created as a result
of the programs supported under this Act;
(3) the specific entities implementing the energy
efficiency programs;
(4) the beneficiaries who received the efficiency
improvements;
(5) the manner in which funds provided under this Act were
used;
(6) the sources (such as mortgage lenders, utility
companies, and local governments) and types of financing used
by the beneficiaries to finance the retrofit expenses that were
not covered by rebates provided under this Act; and
(7) the results of verification requirements; and
(8) any other information the Secretary considers
appropriate.
(c) Required Information.--
(1) Requirement.--Rebate aggregators and States
participating in the Home Star Retrofit Rebate Program shall
provide to the Secretary such information as the Secretary
requires to prepare the report required under this section.
(2) Noncompliance.--If the Secretary determines that a
rebate aggregator or State has not provided the information
required under paragraph (1), the Secretary shall provide to
the rebate aggregator or State a period of at least 90 days to
provide the necessary information, subject to withholding of
funds or reduction of future grant amounts.
SEC. 9. TREATMENT OF REBATES.
(a) In General.--For purposes of the Internal Revenue Code of 1986,
rebates received under this Act--
(1) shall not be considered taxable income to a homeowner;
and
(2) shall reduce any credit allowed under section 25C or
25D of that Code for eligible work performed in the home of the
homeowner by the amount of any rebate provided under this Act
for the eligible work.
(b) Notice.--A participating contractor shall provide notice to a
homeowner of the provisions of subsection (a) before eligible work is
performed in the home of the homeowner.
SEC. 10. PUBLIC INFORMATION CAMPAIGN.
Not later than 60 days after the date of enactment of this Act, the
Administrator, in consultation with the States and the Secretary, shall
develop and implement a public education campaign that describes--
(1) the benefits of home energy retrofits; and
(2) the availability of rebates for the installation of
qualifying energy savings measures under the Silver Star Home
Energy Retrofit Program and for whole home energy savings under
the Gold Star Home Energy Retrofit Program.
SEC. 11. PENALTIES.
(a) In General.--The Secretary may--
(1) assess and compromise a civil penalty against a person
who violates this Act (or any regulation issued under this
Act); and
(2) require from any entity the records and inspections
necessary to enforce this Act.
(b) Civil Penalty.--A civil penalty assessed under subsection (a)
shall be in an amount not greater than the higher of--
(1) $15,000 for each violation; or
(2) 3 times the value of any associated rebate under this
Act.
SEC. 12. HOME STAR ENERGY EFFICIENCY LOAN PROGRAM.
(a) Definitions.--In this section:
(1) Eligible participant.--The term ``eligible
participant'' means a homeowner who receives financial
assistance from a qualified financing entity to carry out
qualifying energy savings measures under the Silver Star Home
Energy Retrofit Program or whole home energy savings under the
Gold Star Home Energy Retrofit Program.
(2) Qualified financing entity.--The term ``qualified
financing entity'' means a State, political subdivision of a
State, tribal government, electric utility, natural gas
utility, nonprofit or community-based organization, energy
service company, retailer, or any other entity that--
(A) meets the eligibility requirements of this
section; and
(B) is designated by the Governor of a State in
accordance with subsection (e)(1).
(3) Qualified loan program mechanism.--The term ``qualified
loan program mechanism'' means a mechanism for the
establishment and operation of a loan program that is--
(A) administered by a qualified financing entity;
and
(B) principally funded--
(i) by funds provided by or overseen by a
State; or
(ii) through the energy loan program of the
Federal National Mortgage Association.
(b) Establishment.--The Secretary shall establish a Home Star
Energy Efficiency Loan Program under which the Secretary shall make
funds available to States to support financial assistance provided by
qualified financing entities for the installation of qualifying energy
savings measures under the Silver Star Home Energy Retrofit Program or
whole home energy savings under the Gold Star Home Energy Retrofit
Program.
(c) Eligibility of Qualified Financing Entities.--To be eligible to
participate in the Home Star Loan Program, a qualified financing entity
shall--
(1) offer a financing product under which eligible
participants may pay over time for the cost to the eligible
participant (after all applicable Federal, State, local, and
other rebates or incentives are applied) of installations
described in subsection (b);
(2) require all financed installations to be performed by
contractors in a manner that meets minimum standards provided
under sections 5 and 6; and
(3) establish standard underwriting criteria to determine
the eligibility of Home Star Loan Program applicants, which
criteria shall be consistent with--
(A) with respect to unsecured consumer loan
programs, standard underwriting criteria used under the
energy loan program of the Federal National Mortgage
Association; or
(B) with respect to secured loans or other forms of
financial assistance, commercially recognized best
practices applicable to the form of financial
assistance being provided (as determined by the
designated entity administering the Home Star Loan
Program in the State).
(d) Allocation.--In making funds available to States for each
fiscal year under this section, the Secretary shall use the formula
used to allocate funds to States to carry out State energy conservation
plans established under part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.).
(e) Qualified Financing Entities.--Before making funds available to
a State under this section, the Secretary shall require the Governor of
the State to provide to the Secretary a letter of assurance that the
State--
(1) has 1 or more qualified financing entities that meet
the requirements of this section;
(2) has established a qualified loan program mechanism
that--
(A) will use a quality assurance program
established under this Act or another appropriate
methodology to ensure energy savings;
(B) incorporates an effective repayment mechanism,
which may include--
(i) on-utility-bill repayment;
(ii) tax assessment or other form of
property assessment financing;
(iii) municipal service charges;
(iv) energy or energy efficiency services
contracts;
(v) energy efficiency power purchase
agreements;
(vi) unsecured loans applying the
underwriting requirements of the energy loan
program of the Federal National Mortgage
Association; or
(vii) alternative contractual repayment
mechanisms that have been demonstrated to have
appropriate risk mitigation features; and
(3) will provide, in a timely manner, all information
regarding the administration of the Home Star Loan Program as
the Secretary may require to permit the Secretary to meet the
program evaluation requirements of subsection (h).
(f) Use of Funds.--Funds made available to States for carrying out
the Home Star Loan Program may be used to support financing mechanisms
offered by qualified financing entities to eligible participants,
including--
(1) interest rate reductions to interest rates as low as 0
percent;
(2) loan loss reserves or other forms of credit
enhancement;
(3) revolving loan funds from which qualified financing
entities may offer direct loans; or
(4) other debt instruments (excluding securitization
instruments) necessary--
(A) to use available funds to obtain appropriate
leverage through private investment; and
(B) to support widespread deployment of energy
efficiency programs.
(g) Use of Repaid Funds.--In the case of a revolving loan fund
described in subsection (f)(3), a qualified financing entity may use
funds repaid by eligible participants under the Home Star Loan Program
to provide financial assistance for additional eligible participants
for installations described in subsection (b) in a manner that is
consistent with this section.
(h) Program Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a program
evaluation that describes--
(1) how many eligible participants have participated in the
Home Star Loan Program;
(2) how many jobs have been created through the Home Star
Loan Program, directly and indirectly;
(3) what steps could be taken to promote further deployment
of energy efficiency retrofits;
(4) the quantity of verifiable energy savings, homeowner
energy bill savings, and other benefits of the Home Star Loan
Program; and
(5) the performance of the programs carried out by
qualified financing entities under this section, including
information on the rate of default and repayment.
SEC. 13. FUNDING.
(a) Authorization of Appropriations.--
(1) In general.--Subject to subsection (j), there are
authorized to be appropriated to carry out this Act
$6,000,000,000 for the period of fiscal years 2010 and 2011, to
remain available until expended.
(2) Maintenance of funding.--Funds provided under this
section shall supplement and not supplant any prior or planned
Federal and State funding provided to carry out energy
efficiency programs. To the extent the Secretary finds that a
State has supplanted other such programs with funding under
this section, the Secretary may withhold an equivalent amount
of funding from allocations for the State under this Act.
(b) Grants to States.--
(1) In general.--Except as otherwise provided in this
subsection, of the amount provided under subsection (a), not
more than 9 percent is authorized to be appropriated to the
Secretary for providing grants to States, to be used for--
(A) administrative costs of carrying out this Act;
(B) development of quality assurance frameworks;
(C) oversight of quality assurance programs;
(D) establishment and delivery of financing
mechanisms, in accordance with paragraph (2); and
(E) coordination with existing residential retrofit
programs and infrastructure development to assist
deployment of the Home Star Retrofit Rebate Program.
(2) Financing.--Of the amounts allocated to the States
under paragraph (1), not less than 60 percent shall be used to
carry out section 12.
(3) Distribution to states.--
(A) Provision of funds.--Not later than 30 days
after the date of enactment of this Act, the Secretary
shall provide to the State energy offices, or such
other State entities as are designated by the Governor,
of States that are carrying out responsibilities under
section 7, 25 percent of the funds described in
paragraph (1).
(B) Allocation.--Funds described in subparagraph
(A) shall be made available in accordance with the
allocation formula for State energy conservation plans
established under part D of title III of the Energy
Policy and Conservation Act (42 U.S.C. 6321 et seq.).
(4) Withholding of funds.--To the extent that the Secretary
assumes the responsibilities of a State under section 3(i), the
Secretary shall withhold the portion of the funds otherwise
transferrable to the State under this section that are
attributable to those State responsibilities.
(5) Indian tribes.--
(A) In general.--If an Indian tribe acts in place
of a State for purposes of carrying out the
responsibilities of the State under this Act with
respect to its tribal lands pursuant to section 3(h),
the Secretary shall transfer to that Indian tribe,
instead of the State, the proportionate share of funds
otherwise transferrable to the State under this
section.
(B) Proportionate share.--For purposes of
subparagraph (A), the proportionate share shall be
calculated on the basis of the percentage of the
population of the State that resides within the tribal
lands.
(c) Quality Assurance Costs.--
(1) In general.--Of the amount provided under subsection
(a), not more than 5 percent are authorized to be appropriated
to the Secretary to be used as provided in paragraph (2), in
accordance with information provided by the State offices or
entities described in subsection (b)(3)(B) with respect to
services provided by quality assurance providers.
(2) Distribution to quality assurance providers or rebate
aggregators.--The Secretary shall use funds provided under this
subsection to compensate quality assurance providers and rebate
aggregators for services provided under this Act.
(3) Compensation.--The amount of compensation provided
under this subsection shall be--
(A)(i) in the case of the Silver Star Home Energy
Retrofit Program--
(I) not more than $25 to rebate aggregators
per rebate review and processing under the
program; and
(II) $150 to quality assurance providers
for each field inspection conducted under the
program; and
(ii) in the case of the Gold Star Home Energy
Retrofit Program--
(I) not more than $35 to rebate aggregators
for each rebate review and processing under the
program; and
(II) $300 to quality assurance providers
for each field inspection conducted under the
program; or
(B) such other amounts as the Secretary considers
necessary to carry out the quality assurance provisions
of this Act to optimize the overall energy efficiency
resulting from the Silver Star Home Energy Retrofit
Program and the Gold Star Home Energy Retrofit Program.
(d) Tracking of Rebates and Expenditures.--Of the amount provided
under subsection (a), not more than 2.5 percent are authorized to be
appropriated to the Secretary to be used for costs associated with
tracking rebates and expenditures through the Federal Rebate Processing
System under this Act, and related administrative costs incurred by the
Secretary.
(e) Public Education and Coordination.--Of the amount provided
under subsection (a), not more than 0.2 percent are authorized to be
appropriated to the Administrator to be used for costs associated with
public education and coordination with the Federal Energy Star program.
(f) Silver Star Home Energy Retrofit Program.--
(1) In general.--Of the amount provided under subsection
(a), after subtracting the amounts authorized in subsections
(b), (d), and (e) of this section, two-thirds of the remainder
are authorized to be appropriated to the Secretary to be used
to provide rebates and other payments authorized under the
Silver Star Home Energy Retrofit Program.
(2) Products purchased without installation services.--Of
the amounts appropriated pursuant to this subsection for the
Silver Star program, 7.5 percent shall be made available for
rebates under section 5(f).
(g) Gold Star Home Energy Retrofit Program.--Of the amount provided
under subsection (a), after subtracting the amounts authorized in
subsections (b), (d), and (e) of this section, one-third of the
remainder is authorized to be appropriated to the Secretary to be used
to provide rebates and other payments authorized under the Gold Star
Home Energy Retrofit Program.
(h) Return of Undisbursed Funds.--
(1) Silver star home energy retrofit program.--If the
Secretary has not disbursed all the funds available for rebates
under the Silver Star Home Energy Retrofit Program by the date
that is 1 year after the date of enactment of this Act, any
undisbursed funds shall be made available to the Gold Star Home
Energy Retrofit Program.
(2) Gold star home energy retrofit program.--If the
Secretary has not disbursed all the funds available for rebates
under the Gold Star Home Energy Retrofit Program by the date
that is 2 years after the date of enactment of this Act, any
undisbursed funds shall be returned to the Treasury.
<all>
POSTPONED PROCEEDINGS - At the conclusion of debate on Barton (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Markey(MA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H.Res. 1329, the Committee of the Whole proceeded with 10 minutes of debate on the Nye amendment.
DEBATE - Pursuant to the provisions of H.Res. 1329, the Committee of the Whole proceeded with 10 minutes of debate on the Burgess amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on Burgess amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Burgess demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H.Res. 1329, the Committee of the Whole proceeded with 10 minutes of debate on the Deutch amendment.
DEBATE - Pursuant to the provisions of H.Res. 1329, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment.
DEBATE - Pursuant to the provisions of H.Res. 1329, the Committee of the Whole proceeded with 10 minutes of debate on the Garrett (NJ) amendment.
DEBATE - Pursuant to the provisions of H.Res. 1329, the Committee of the Whole proceeded with 10 minutes of debate on the Bachmann amendment.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
UNFINISHED BUSINESS - The Chair announced that the unfinished business was on the question of adoption of amendments which had been previously debated and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5019.
The previous question was ordered pursuant to the rule. (consideration: CR H3244)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H3227-3234)
Mr. Barton (TX) moved to recommit with instructions to Energy and Commerce. (consideration: CR H3244-3245; text: CR H3244-3245)
DEBATE - The House proceeded with 10 minutes of debate on the Barton (TX) motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith with amendments to strike various provisions in the bill and insert a section entitled "SEC. 301. SUNSET. - The provisions of this Act shall be suspended and shall not apply if this Act will have a negative net effect on the national budget deficit of the United States."
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H3246-3247)
On motion to recommit with instructions Agreed to by the Yeas and Nays: 346 - 68 (Roll no. 254).
Roll Call #254 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 246 - 161 (Roll no. 255).
Roll Call #255 (House)On passage Passed by the Yeas and Nays: 246 - 161 (Roll no. 255).
Roll Call #255 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Finance.