[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5476 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5476
To assist in the creation of new jobs by providing financial incentives
for owners of commercial buildings and multifamily residential
buildings to retrofit their buildings with energy efficient building
equipment and materials, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 28, 2010
Mr. Welch (for himself, Mr. Van Hollen, Mr. Weiner, Mr. Israel, Mr.
Carnahan, Ms. Bean, Mr. McNerney, and Mr. Deutch) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To assist in the creation of new jobs by providing financial incentives
for owners of commercial buildings and multifamily residential
buildings to retrofit their buildings with energy efficient building
equipment and materials, 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 ``Building Star Energy Efficiency Act
of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) ASHRAE.--The term ``ASHRAE'' means the American Society
of Heating, Refrigerating and Air-Conditioning Engineers.
(2) Building envelope insulation.--The term ``building
envelope insulation'' means thermal insulation for a building
envelope (other than a low slope roof), as defined in ASHRAE
Standard 90.1-2007 or 2009 IECC, as appropriate.
(3) Chiller tonnage downsizing.--The term ``chiller tonnage
downsizing'' means the quantity by which the tonnage rating of
a replaced chiller exceeds the tonnage rating of a qualified
replacement chiller.
(4) Climate zone.--The term ``climate zone'' means a
climate zone specified in ASHRAE Standard 90.1-2007.
(5) Commercial building.--
(A) In general.--The term ``commercial building''
means a building that--
(i) is located in the United States; and
(ii) was in existence on December 31, 2009.
(B) Exclusions.--The term ``commercial building''
does not include--
(i) a federally owned building; or
(ii) a residential building.
(6) Duct.--The term ``duct'' means HVAC ducts with respect
to which pressure testing has been performed and, if necessary,
leakage remediated, in accordance with sections 503.2.7.1.2 and
503.2.7.1.3 of the 2009 IECC.
(7) Duct insulation.--The term ``duct insulation'' means
thermal insulation of a HVAC duct.
(8) HVAC.--The term ``HVAC'' means heating, ventilation,
and air conditioning.
(9) IECC.--The term ``IECC'' means the International Energy
Conservation Code.
(10) Mechanical insulation.--The term ``mechanical
insulation'' means thermal insulation installed, in accordance
with applicable Federal, State, and local law, on mechanical
piping and mechanical equipment.
(11) Multifamily residential building.--
(A) In general.--The term ``multifamily residential
building'' means a structure of 5 or more dwelling
units that--
(i) is located in the United States; and
(ii) was in existence on December 31, 2009.
(B) Exclusion.--The term ``multifamily residential
building'' does not include a federally owned building.
(12) NFRC.--The term ``NFRC'' means the National
Fenestration Rating Council.
(13) Program.--The term ``program'' means the Building Star
Energy Efficiency Rebate Program of 2010 established under
section 3.
(14) Qualified boiler.--The term ``qualified boiler'' means
a new natural gas-fired, oil-fired, or wood or wood pellet
boiler that--
(A) has a capacity of not less than 300,000, and
not more than 5,000,000, Btu per hour;
(B) replaces an operational boiler in a commercial
building or multifamily residential building; and
(C) meets or exceeds--
(i) in the case of a natural gas-fired
boiler, 90 percent thermal efficiency;
(ii) in the case of an oil-fired boiler, 85
percent thermal efficiency; and
(iii) in the case of a wood or wood pellet
boiler, 75 percent thermal efficiency.
(15) Qualified building envelope insulation.--The term
``qualified building envelope insulation'' means the
installation or repair of building envelope insulation to meet
or exceed ASHRAE Standard 90.1-2007 or 2009 IECC in a
commercial building or multifamily residential building.
(16) Qualified energy audit.--The term ``qualified energy
audit'' means an ASHRAE Level II energy audit or equivalent of
a commercial building or multifamily residential building that
is designed to identify all cost-effective energy efficiency
measures.
(17) Qualified energy-efficient building operation and
maintenance training.--The term ``qualified energy-efficient
building operation and maintenance training'' means--
(A) the training of a superintendent or operator of
a commercial building or multifamily residential
building; and
(B) resultant--
(i) Level 1 or Level 2 Building Operator
Certification for commercial building
operators; or
(ii) certification as a Multifamily
Building Operator by the Building Performance
Institute for residential building operators.
(18) Qualified energy monitoring and management system.--
The term ``qualified energy monitoring and management system''
means a system that--
(A) is installed in a commercial building or
multifamily residential building;
(B) uses a combination of computers, computer
software, control equipment, and instrumentation to
monitor and manage or submeter the energy use of a
building, such as heating, ventilation, air
conditioning, and lighting;
(C) provides reporting of information to the
building owner or operator to enable refinement of
building operation and energy usage; and
(D) is covered by a service contract with a
duration of not less than 1 year for system monitoring
or maintenance, including all maintenance recommended
by the equipment manufacturer.
(19) Qualified exterior lighting.--The term ``qualified
exterior lighting'' means exterior lighting that--
(A) replaces operational exterior lighting at a
commercial building or multifamily residential
building; and
(B) achieves a reduction of 20 percent or more in
annual energy use as compared to the lighting that was
replaced, as determined in accordance with section
3(c)(7)(B).
(20) Qualified furnace.--The term ``qualified furnace''
means a new natural gas furnace or a wood or wood pellet
furnace that--
(A) replaces an operational furnace in a commercial
building or multifamily residential building;
(B) in the case of natural gas, meets or exceeds 90
percent thermal efficiency; and
(C) in the case of a wood or wood pellet furnace,
meets or exceeds 75 percent thermal efficiency.
(21) Qualified high-efficiency window films and screens.--
The term ``qualified high-efficiency window films and screens''
means window films and screens that--
(A) are permanently affixed to windows or window
frames in a commercial building or multifamily
residential building;
(B) have a Luminous Efficacy (which is Visible
Light Transmittance, as certified to NRFC standards
divided by SHGC) of 1.1 or greater; and
(C) have a SHGC that meets or is better than the
applicable requirements of the following table (as
certified to NFRC standards):
----------------------------------------------------------------------------------------------------------------
Climate Zones 1 2 3 4 5 6 7 8
----------------------------------------------------------------------------------------------------------------
SHGC.................................... .25 .25 .25 .40 .40 .40 .45 .45.
----------------------------------------------------------------------------------------------------------------
(22) Qualified hvac testing, balancing, and duct sealing.--
The term ``qualified HVAC testing, balancing, and duct
sealing'' means work performed in a commercial building or
multifamily residential building by individuals with an ANSI-
accredited certification in HVAC testing--
(A) to pressure-test HVAC ducts;
(B) to balance air flow; and
(C) to identify all leaking ducts and remediate the
leakage to the appropriate leakage class, in accordance
with sections 503.2.7.1.2 and 503.2.7.1.3 of the 2009
IECC.
(23) Qualified interior lighting.--The term ``qualified
interior lighting'' means new interior lighting that--
(A) replaces operational interior lighting in a
commercial building or multifamily residential
building; and
(B) achieves an installed power reduction of 25
percent or more as compared to the installed power of
the lighting that was replaced, as determined in
accordance with section 3(c)(6)(B).
(24) Qualified low slope roof insulation.--The term
``qualified low slope roof insulation'' means a retrofit that--
(A) adds new insulation to a roof on a commercial
building or multifamily residential building if the
roof insulation is entirely above deck, as defined in
ASHRAE Standard 90.1-2007 or 2009 IECC; and
(B) meets or exceeds the R-values for the
applicable climate zone in the following table:
----------------------------------------------------------------------------------------------------------------
Climate Zones 1 2 3 4 5 6 7 8
----------------------------------------------------------------------------------------------------------------
R-Value................................. 20 25 25 25 25 30 35 35.
----------------------------------------------------------------------------------------------------------------
(25) Qualified mechanical insulation.--The term ``qualified
mechanical insulation'' means the installation or repair of
mechanical or duct insulation to meet or exceed ASHRAE Standard
90.1-2007 or 2009 IECC in a commercial building or multifamily
residential building.
(26) Qualified replacement chiller.--The term ``qualified
replacement chiller'' means a water-cooled chiller that--
(A) is certified to meet efficiency standards
effective on January 1, 2010, as defined in table
6.8.1c in Addendum M to Standard 90.1-2007 of ASHRAE;
and
(B) replaces a chiller that--
(i) was installed before January 1, 1993;
(ii) uses chlorofluorocarbon refrigerant;
and
(iii) until replaced by a new chiller, has
remained in operation and used for cooling a
commercial building.
(27) Qualified retro commissioning study.--The term
``qualified retro commissioning study'' means a commissioning
study of building energy systems that is--
(A) conducted consistent with the guidelines in the
Retro Commissioning Guide for Building Owners prepared
for--
(i) the Environmental Protection Agency; or
(ii) the document entitled ``California
Commissioning Guide: Existing Buildings''
published by the California Commissioning
Collaborative; and
(B) performed by a service provider with--
(i) an ASHRAE Commissioning Process
Management Professional certification; or
(ii) a Building Commissioning Association
Certified Commissioning Professional
certification.
(28) Qualified service on cooling systems.--
(A) In general.--The term ``qualified service on
cooling systems'' means periodic maintenance service on
a central air conditioner that--
(i) is located in a commercial building or
multifamily residential building; and
(ii) has a capacity of not less than 2
tons.
(B) Inclusions.--The term ``qualified service on
cooling systems'' includes--
(i) a cleaning of a condenser coil;
(ii) a check of system pressure;
(iii) an inspection and replacement of a
filter;
(iv) an inspection and replacement of a
belt;
(v) an inspection and repair of an
economizer;
(vi) an inspection of a contractor;
(vii) an inspection of an evaporator;
(viii) an evaluation of a compressor ampere
draw;
(ix) an evaluation of supply motor amp
draw;
(x) an evaluation of a condenser fan amp
draw;
(xi) an evaluation of liquid line
temperature;
(xii) an evaluation of suction pressure and
temperature;
(xiii) an evaluation of oil level and
pressure;
(xiv) an inspection of low pressure
controls and high pressure controls;
(xv) an evaluation of crankcase heater
operation;
(xvi) a cleaning of chiller condenser
tubes;
(xvii) a cleaning of chiller evaporator
tubes; or
(xviii) a check, and if necessary,
correction of a refrigerant charge and system
airflow to conform to manufacturer
specifications.
(29) Qualified service on space heating equipment.--
(A) In general.--The term ``qualified service on
space heating equipment'' means the periodic
maintenance service on a boiler, unit heaters make-up
air unit, heat pump, furnace, or industrial space
heating equipment with forced or induced draft
combustion that is located in a commercial or
multifamily residential building.
(B) Inclusions.--The term ``qualified service on
space heating equipment'' includes--
(i) cleaning all heat exchange surfaces and
checking and calibrating all system controls;
and
(ii) combustion efficiency tests and stack
temperature measurements conducted before and
after the service.
(30) Qualified unitary air conditioner.--The term
``qualified unitary air conditioner'' means a new 3 phase
unitary air conditioner that--
(A) replaces an operational air conditioner or heat
pump in a commercial building or multifamily
residential building; and
(B) meets or exceeds Consortium for Energy
Efficiency Tier 1 efficiency standards as in effect on
January 1, 2010.
(31) Qualified unitary heat pump.--The term ``qualified
unitary heat pump'' means a new 3 phase unitary heat pump
that--
(A) replaces an operational air conditioner or heat
pump in a commercial building or multifamily
residential building; and
(B) meets or exceeds Consortium for Energy
Efficiency Tier 1 level of efficiency as in effect on
January 1, 2010.
(32) Qualified variable speed drive.--The term ``qualified
variable speed drive'' means a new electronic variable speed
drive that--
(A) is added to an operational motor in a--
(i) chilled water pump;
(ii) cooling tower fan;
(iii) fume hood exhaust or makeup fan;
(iv) hot water pump;
(v) exhaust fan;
(vi) chiller compressor; or
(vii) supply, return, or exhaust fan on a
variable-air volume unit that is located in a
commercial building or multifamily residential
building and operates not less than 2,000 hours
annually;
(B) is controlled automatically by a building
automation system, process control system, or local
controller driven by differential pressure, flow,
temperature, or another variable signal; and
(C) incorporates a series reactor for power factor
correction.
(33) Qualified water heater.--The term ``qualified water
heater'' means a new natural gas or electric storage water
heater with a capacity of 75,000 Btu/hour or greater, or a
tankless water heater with a capacity of 200,000 Btu/hour or
greater, that replaces an operational water heater in a
commercial building or multifamily residential building and
meets or exceeds--
(A) in the case of a natural gas water heater, 90
percent thermal efficiency;
(B) in the case of an electric water heater--
(i) a 2.5 Coefficient of Performance; or
(ii) a 2.0 Energy Factor; and
(C) in the case of a wood or wood pellet water
heater, 75 percent thermal efficiency.
(34) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(35) SHGC.--The term ``SHGC'' means the Solar Heat Gain
Coefficient.
(36) Tier 1 qualified window.--The term ``tier 1 qualified
window'' means a new window that--
(A) replaces an existing window in a commercial
building or multifamily residential building; and
(B) meets or is better than--
(i) the applicable U-factor and SHGC
requirements (both certified to NFRC standards)
in the following table:
----------------------------------------------------------------------------------------------------------------
Climate Zones 1 2 3 4 5 6 7 8
----------------------------------------------------------------------------------------------------------------
U-Factor................................ .57 .57 .40 .35 .35 .35 .35 .35
SHGC.................................... .25 .25 .25 .40 .40 .40 .45 .45
----------------------------------------------------------------------------------------------------------------
; and
(ii) in the case of a window with impact-
rated glazing in climate zone 1, a U-factor of
1.20.
(37) Tier 2 qualified window.--The term ``tier 2 qualified
window'' means a new window that--
(A) replaces an existing window in a commercial
building or multifamily residential building; and
(B) meets or is better than--
(i) the applicable U-factor and SHGC
requirements (both certified to NFRC standards)
in the following table:
----------------------------------------------------------------------------------------------------------------
Climate Zones 1 2 3 4 5 6 7 8
----------------------------------------------------------------------------------------------------------------
U-Factor................................ .32 .32 .30 .30 .30 .30 .30 .30
SHGC.................................... .25 .25 .25 .26 .26 .35 .45 .45
----------------------------------------------------------------------------------------------------------------
; and
(ii) in the case of a window with impact-
rated glazing in climate zone 1, a U-factor of
1.20.
SEC. 3. BUILDING STAR PROGRAM.
(a) Establishment.--There is established in the Department of
Energy a program to be known as the ``Building Star Energy Efficiency
Rebate Program of 2010'' under which the Secretary, in accordance with
this section, shall issue rebates to building owners to offset a
portion of the cost of purchasing and installing qualifying equipment
or materials or undertaking qualifying services to enhance the energy
efficiency of existing commercial buildings and multifamily residential
buildings.
(b) Rebates for Building Envelope Energy Efficiency Measures.--
Rebates for the purchase and installation of qualifying insulation,
windows, and qualified high-efficiency window films and screens in
commercial or multifamily residential buildings shall be available in
the following amounts:
(1) Building envelope insulation.--For qualified building
envelope insulation, a rebate of $0.60 per square foot of
insulated area.
(2) Low slope roofing insulation.--For qualified low slope
roofing insulation, a rebate of $0.80 per square foot of
insulated roof area over conditioned space.
(3) Mechanical insulation.--For qualified mechanical
insulation, rebates shall be the amounts specified in the
following table:
----------------------------------------------------------------------------------------------------------------
Piping and Equipment Applications Rebate
----------------------------------------------------------------------------------------------------------------
2" Iron Pipe Size and below.................. $2.50 per equivalent lineal foot
2" to 12" Iron Pipe Size..................... $5.00 per equivalent lineal foot
Above 12" Iron Pipe Size and equipment....... $5.00 per square foot
HVAC Duct Applications....................... $1.00 per square foot.
----------------------------------------------------------------------------------------------------------------
(4) Windows.--
(A) Tier 1 qualified windows.--For Tier 1 qualified
windows, a rebate of $150 per window.
(B) Tier 2 qualified windows.--For Tier 2 qualified
windows, a rebate of $300 per window.
(5) High-efficiency window films and screens.--For
qualified high-efficiency window films and screens, a rebate of
$1.00 per square foot of treated glass enclosing a mechanically
conditioned space.
(c) Rebates for Eligible Equipment Installation.--Rebates for the
purchase and installation of qualifying new energy efficient equipment
in commercial buildings or multifamily residential buildings shall be
available in the following amounts:
(1) Boilers.--For qualified boilers, rebates shall be the
amounts specified in the following table:
----------------------------------------------------------------------------------------------------------------
Boiler Fuel Rebate
----------------------------------------------------------------------------------------------------------------
Natural Gas-fired............................ $10 per thousand Btu per hour capacity
Oil-fired.................................... $3 per thousand Btu per hour capacity
Wood or wood pellet boiler................... $__ per thousand Btu per hour capacity.
----------------------------------------------------------------------------------------------------------------
(2) Furnaces.--For qualified furnaces, rebates of $5 per
thousand Btu per hour of capacity.
(3) Water heaters.--For qualified water heaters, rebates
shall be the amounts specified in the following table:
----------------------------------------------------------------------------------------------------------------
Energy Source Rebate
----------------------------------------------------------------------------------------------------------------
Natural Gas.................................. $8 per thousand Btu per hour capacity
Electricity.................................. $20 per thousand Btu per hour of heat pump capacity
Wood or wood pellet water heater............. $__ per thousand Btu per hour capacity.
----------------------------------------------------------------------------------------------------------------
(4) Unitary air conditioners and heat pumps.--For qualified
unitary air conditioners and qualified unitary heat pumps,
rebates shall be the amounts specified in the following table:
----------------------------------------------------------------------------------------------------------------
Efficiency Level Rebate
----------------------------------------------------------------------------------------------------------------
Consortium on Energy Efficiency Tier 1 $100 per ton cooling capacity
efficiency standards (as in effect on
January 1, 2010).
Consortium of Energy Efficiency Tier 2 $200 per ton cooling capacity.
efficiency standards (as in effect on
January 1, 2010).
----------------------------------------------------------------------------------------------------------------
(5) Variable speed drives for motors.--For qualified
variable speed drives, rebates shall be the amounts specified
in the following table:
----------------------------------------------------------------------------------------------------------------
Power Controlled (horsepower) Rebate Level
----------------------------------------------------------------------------------------------------------------
<10 hp...................................... $120/hp
10-100 hp.................................... $80/hp
>100 hp...................................... $40/hp.
----------------------------------------------------------------------------------------------------------------
(6) Interior lighting.--
(A) In general.--For qualified interior lighting,
subject to subparagraphs (B) and (C), rebates based on
reduced lighting power shall be the amounts specified
in the following table:
25% or greater reduction in installed lighting power (as adjusted) $0.25 per square foot of illuminated
floor area affected
40% or greater reduction in installed lighting power (as adjusted) $0.50 per square foot of illuminated
floor area affected.
(B) Calculation.--Reductions in installed lighting
power resulting from installation of qualified interior
lighting shall be calculated by determining the
difference between--
(i) the product obtained by multiplying--
(I) the quantity of installed power
(kW) for existing interior lighting;
and
(II) the applicable control factor;
and
(ii) the product obtained by multiplying--
(I) the quantity of installed power
(kW) of the replacement interior
lighting system; and
(II) the applicable control factor.
(C) Control factors.--For purposes of subparagraph
(B), control factors for installed lighting controls
shall be--
(i) for manual dimming controls, 0.9;
(ii) for occupancy sensors, 0.9;
(iii) for programmable multilevel dimming
controls, 0.9;
(iv) for programmable multilevel dimming
controls with programmable time scheduling,
0.85; and
(v) for daylight dimming controls, 0.75.
(7) Exterior lighting.--
(A) In general.--For qualified exterior lighting,
subject to subparagraphs (B) and (C), rebates based on
reduced energy usage shall be the amounts specified in
the following table:
20% or greater reduction in calculated $0.40 per kWh reduction in
annual energy usage calculated annual energy usage
40% or greater reduction in calculated $1.00 per kWh reduction in
annual energy usage calculated annual energy
usage.
(B) Calculation.--Reductions in annual energy usage
resulting from installation of qualified exterior
lighting shall be calculated by determining the
difference between--
(i) the product obtained by multiplying--
(I) the quantity of installed power
(kW) for existing exterior lighting;
(II) 4,000 operating hours per
year; and
(III) the applicable control
factor; and
(ii) the product obtained by multiplying--
(I) the quantity of installed power
(kW) of the replacement exterior
lighting system;
(II) 4,000 operating hours per
year; and
(III) the applicable control
factor.
(C) Control factors.--For purposes of subparagraph
(B), control factors for installed lighting controls
shall be--
(i) for 7-day time controls (with a
provision for holiday schedule) if lighting is
switched off a minimum of 4 hours per night,
0.75;
(ii) for motion sensors if lighting power
is reduced by at least 40 percent after no
activity has been detected for at least 20
minutes, 0.75; and
(iii) for remote monitoring and multilevel
lighting controls, 0.60.
(8) Qualified replacement chillers.--
(A) In general.--For qualified replacement
chillers, rebates shall be the sum of--
(i) the product obtained by multiplying--
(I) $150; and
(II) the tonnage rating of the
replaced chiller; and
(ii) if all chilled water distribution
pumps connected to the qualified replacement
chiller include variable frequency drives, the
product obtained by multiplying--
(I) $100; and
(II) any chiller tonnage
downsizing.
(B) Audits.--As a condition of receiving a rebate
for a qualified replacement chiller, an audit with
requirements determined by the Secretary (not later
than 45 days after the date of enactment of this Act)
shall be performed on a building prior to installation
of the qualified replacement chiller that identifies
cost-effective energy-saving measures, particularly
measures that could contribute to chiller tonnage
downsizing.
(d) Rebates for Eligible Energy Efficiency Services.--Rebates for
qualifying services to enhance the energy efficiency of commercial or
multifamily residential buildings shall be available in the following
amounts:
(1) Energy audit and retro commissioning study.--
(A) In general.--For qualified energy audits or
qualified retro commissioning studies, subject to
subparagraph (B), a rebate equal to the lesser of--
(i) $0.05 per square foot of audited or
commissioned building space; or
(ii) 50 percent of the cost of the audit or
study.
(B) Avoidance of duplication.--Rebates shall not be
made for energy audits and retro commissioning studies
under subparagraph (A) for the same building.
(2) Energy-efficient building operations and maintenance
training.--For qualified energy-efficient building operation
and maintenance training, a rebate of $2,000 per individual
trained and certified.
(3) Service on space heating equipment.--For qualified
service on space heating equipment, a rebate of $100 per unit
serviced.
(4) Service on cooling systems.--For qualified service on
cooling systems, a rebate equal to the lesser of--
(A) $2 per ton of nameplate capacity of the
serviced cooling system; and
(B) 50 percent of the total service cost.
(5) Energy monitoring and management systems.--
(A) Installation.--For qualified energy monitoring
and management systems installed in a commercial
building or multifamily residential building that have
analog controls (pneumatic or electronic), or if no
control system exists, a rebate equal to the lesser
of--
(i) $0.45 per square foot of building space
covered by the qualified energy monitoring and
management system; or
(ii) 50 percent of the total installation
and commissioning costs.
(B) Upgrading.--For upgrading an existing energy
monitoring and management system in a commercial
building or multifamily residential building to add
submetering to all major individual loads, such as
heating, ventilation, air conditioning, and lighting, a
rebate equal to the lesser of--
(i) $0.15 per square foot of building space
covered by the energy management system, or
(ii) 50 percent of the total installation
cost.
(6) HVAC testing, balancing, and duct sealing.--For
qualified HVAC testing, balancing, and duct sealing, a rebate
of $0.75 per square foot of duct surface tested, balanced, and
if necessary, sealed.
(e) Administration.--
(1) Eligibility period.--A rebate issued under the program
shall be provided only in connection with qualifying equipment
installations or services provided during the period beginning
on the date of enactment of this Act and ending on December 31,
2011.
(2) Combination with other incentives.--The availability or
use of a Federal, State, local, utility, or other incentive for
any qualifying equipment installation or service shall not
affect eligibility for rebates under the program.
(3) Additional fees.--A dealer, equipment installer, or
service provider may not charge a person purchasing goods or
services any additional fees associated with applying for a
rebate under the program.
(4) Limitation on total rebates issued.--The total value of
rebates issued under the program may not exceed the amounts
made available for the program.
(5) Maximum rebate.--The amount of any rebate paid to an
applicant for any qualified measure under this section shall be
the lesser of--
(A) the amount determined under subsection (b),
(c), or (d); or
(B) \1/2\ of the cost actually incurred by the
applicant building owner to complete the measure that
is eligible for the rebate.
(f) Implementation.--Notwithstanding section 553 of title 5, United
States Code, not later than 30 days after the date of enactment of this
Act, the Secretary shall, in consultation with the Secretary of the
Treasury, establish rules and procedures to implement the program,
including rules and procedures for--
(1) building owners or designees to submit applications
(including forms) that--
(A) specify the proposed measures that qualify for
a rebate and the total rebate requested; and
(B) require that the work be completed by licensed
contractors or service providers in compliance with all
applicable Federal, State and local building codes and
standards;
(2) the Secretary--
(A) to consider applications; and
(B) to the extent that the Secretary determines
that proposed measures will qualify for rebates under
this section if undertaken and that there are
sufficient uncommitted funds to carry out the program,
to issue confirmations to applicants that rebates will
be made if proposed measures are completed;
(3) an applicant--
(A) to certify, following completion of the
measures identified in the application, that the
measures undertaken qualify for rebate under this
section; and
(B) to complete the measures described in the
application, and submit a certification, not later
than--
(i) 180 days after the date of receipt of a
confirmation; or
(ii) in the case of a qualified replacement
chiller, 360 days after the date of receipt of
a confirmation;
(4) appropriate verification by the Secretary of
eligibility for a rebate prior to payment;
(5) verification and payment of rebates by electronic
transfer of funds or other means that ensure that the payment
occurs not later than 30 days after the date of submission of
certification that measures described in the application have
been completed;
(6) certification by the installer, as part of the
certification under paragraph (3), that any refrigerants, toxic
materials, and other hazards have been removed and disposed of
in accordance with all applicable Federal, State, and local
laws;
(7) field inspections by the Federal Government of at least
10 percent of the projects for which rebates are received under
the program; and
(8) compliance monitoring and enforcement.
(g) Civil Penalties.--
(1) In general.--Any person who knowingly makes a false or
misleading statement in an application or certification under
this section shall be liable to the United States for a civil
penalty in an amount equal to not more than the higher of--
(A) $15,000 for each violation; or
(B) the amount that is equal to 3 times the value
of any associated rebate received under this section.
(2) Administration.--In carrying out this subsection, the
Secretary--
(A) may assess and compromise penalties described
in paragraph (1);
(B) may require from any entity the records and
inspections necessary to carry out the program; and
(C) shall consider the severity of the violation
and the intent and history of the person committing a
violation in determining the amount of a penalty.
(h) Information to Building Owners, Service Providers, and
Equipment Installers.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall make available on an
Internet website and through other means determined by the
Secretary, information about the program, including information
on--
(A) how to determine whether particular efficiency
measures are eligible for a rebate;
(B) how to participate in the program, including
how to apply for rebates; and
(C) the equipment and services meeting the
requirements of the program.
(2) Updating.--The Secretary shall update, as appropriate,
the information required under paragraph (1).
(i) Report to Congress.--Not later than 60 days after the
termination date described in subsection (e)(1), the Secretary shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report describing the efficacy of the program, including--
(1) a description of program results, including--
(A) the total number and value of rebates issued
for installation of new energy efficient equipment by
category of equipment;
(B) the total number and value of rebates issued
for services rendered by category of service; and
(C) the geographic distribution of activities for
which rebates were issued;
(2) an estimate of the overall increase in energy
efficiency as a result of the program, expressed in terms of
percentage improvement by--
(A) type of equipment;
(B) total annual energy savings; and
(C) total annual greenhouse gas reductions; and
(3) an estimate of the overall jobs created and economic
growth achieved as a result of the program.
SEC. 4. STATE-BASED FINANCING ASSISTANCE FOR COMMERCIAL BUILDING
RETROFITS.
(a) Definitions.--In this section:
(1) Building star energy retrofit program.--The term
``Building Star energy retrofit program'' means the Building
Star energy retrofit program established under section 3.
(2) Eligible participant.--The term ``eligible
participant'' means a building owner, apartment complex owner,
residential cooperative association, or condominium association
that--
(A) meets the eligibility requirements established
by a qualified loan program delivery entity designated
by the building owner; and
(B) receives financial assistance from the
qualified loan program delivery entity to carry out
energy efficiency or renewable energy improvements to
an existing building in accordance with the Building
Star energy retrofit program established under section
3.
(3) Program.--The term ``program'' means the Building Star
Energy Efficiency Loan Program established under subsection
(b).
(4) Qualified loan program mechanism.--The term ``qualified
loan program mechanism'' means a loan program that is--
(A) administered by a qualified program delivery
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.
(5) Qualified program delivery entity.--The term
``qualified program delivery entity'' means a State, political
subdivision of a State, tribal government, energy utility,
natural gas utility, nonprofit or community-based organization,
energy service company, retailer, or any other qualified entity
that--
(A) meets the eligibility requirements of this
section; and
(B) is approved by the State that administers the
program in the State.
(b) Establishment.--The Secretary shall establish a Building Star
Energy Efficiency Loan Program under which the Secretary shall make
grants to States to support financial assistance provided by qualified
program delivery entities for making, to existing buildings, energy
efficiency and renewable energy improvements that qualify under the
Building Star energy retrofit program.
(c) Eligibility of Qualified Program Delivery Entities.--To be
eligible to participate in the program, a qualified program delivery
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 making improvements
described in section 3;
(2) require all financed improvements to be performed by
contractors in a manner that meets minimum standards that are
at least as stringent as the standards established under
section 3; and
(3) establish standard underwriting criteria to determine
the eligibility of program applicants, which criteria shall be
consistent with commercially recognized best practices
applicable to the form of financial assistance being provided
(as determined by the designated entity administering the
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 Program Delivery Entities.--Before making a grant 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 program delivery entities that
meet the requirements of this section;
(2) has established a qualified loan program mechanism
that--
(A) includes a methodology to ensure credible
energy savings or renewable energy generation;
(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; or
(vi) 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 program as the Secretary
may require to permit the Secretary to meet the reporting
requirements of subsection (h).
(f) Use of Grant Funds.--Grant funds made available to States under
the program may be used to support financing products offered by
qualified program delivery entities to eligible participants, by
providing--
(1) interest rate reductions;
(2) loan loss reserves or other forms of credit
enhancement;
(3) revolving loan funds from which qualified program
delivery entities may offer direct loans; or
(4) other debt instruments or financial products
necessary--
(A) to maximize leverage provided through available
funds; and
(B) to support widespread deployment of energy
efficiency and renewable energy finance programs.
(g) Use of Repayment Funds.--In the case of a revolving loan fund
established by a State described in subsection (f)(3), a qualified
program delivery entity may use funds repaid by eligible participants
under the program to provide financial assistance for additional
eligible participants to make improvements described in subsection (b)
in a manner that is consistent with this section or other such criteria
as are prescribed by the State.
(h) Program Evaluation.--Not later than 180 days 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
program;
(2) how many jobs have been created through the program,
directly and indirectly;
(3) what steps could be taken to promote further deployment
of energy efficiency and renewable energy retrofits;
(4) the quantity of verifiable energy savings, renewable
energy deployment, homeowner energy bill savings, and other
benefits of the program; and
(5) the performance of the programs carried out by
qualified program delivery entities under this section,
including information on the rate of default and repayment.
SEC. 5. FEDERAL FINANCING ASSISTANCE FOR COMMERCIAL BUILDING RETROFITS.
(a) In General.--Section 1705(a) of the Energy Policy Act of 2005
(42 U.S.C. 16516(a)) is amended by adding at the end the following:
``(4) Energy efficiency projects, including projects to
retrofit residential, commercial, and industrial buildings,
facilities, and equipment, including financing programs that
finance the retrofitting of residential, commercial, and
industrial buildings, facilities, and equipment.''.
(b) Credit Support for Financing Programs.--Section 1705 of the
Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Credit Support for Financing Programs.--
``(1) In general.--In the case of programs that finance the
retrofitting of residential, commercial, and industrial
buildings, facilities, and equipment described in subsection
(a)(4), the Secretary may--
``(A) offer loan guarantees for portfolios of debt
obligations; and
``(B) purchase or make commitments to purchase
portfolios of debt obligations.
``(2) Term.--Notwithstanding section 1702(f), the term of
any debt obligation that receives credit support under this
subsection shall require full repayment over a period not to
exceed the lesser of--
``(A) 30 years; and
``(B) the projected weighted average useful life of
the measure or system financed by the debt obligation
or portfolio of debt obligations (as determined by the
Secretary).
``(3) Underwriting.--The Secretary may--
``(A) delegate underwriting responsibility for
portfolios of debt obligations under the subsection to
financial institutions that meet qualifications
determined by the Secretary; and
``(B) determine an appropriate percentage of loans
in a portfolio to review in order to confirm sound
underwriting.
``(4) Administration.--Subsections (c) and (d)(3) of
section 1702 shall not apply to loan guarantees made under this
subsection.''.
(c) Termination of Effectiveness.--The authority provided by this
section and the amendments made by this section terminates effective on
the date that is 2 years after the date of enactment of this Act.
SEC. 6. WAGE RATES.
(a) In General.--The Secretary shall require that work conducted
using rebates provided under section 3 or financial assistance made
available under section 4 be completed by licensed contractors or
service providers that--
(1) certify to the Secretary that all laborers and
mechanics, including those employed by subcontractors, who are
employed in the performance of construction activity related to
installation of qualifying equipment or materials or
undertaking qualifying services to improve the energy
efficiency of a commercial building or multifamily residential
building under this Act shall be paid wages at rates not less
than those prevailing on similar work in the locality as
determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of part A of subtitle II of title
40, United States Code, and the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 (64 Stat.
1267; 5 U.S.C. App.) and section 3145 of title 40, United
States Code; and
(2) comply with all applicable Federal, State, and local
building codes and standards.
(b) Administrative Requirements.--The Secretary shall seek to
minimize the administrative requirements on employers for compliance
with this section.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act $6,000,000,000 for the period of fiscal years 2010 and
2011, to remain available until expended, of which--
(1) not less than $600,000,000 or 10 percent of the amount
made available for a fiscal year (whichever is less) shall be
used to carry out the financing program established under
section 4; and
(2) not more than $360,000,000 or 6 percent of the amount
made available for a fiscal year (whichever is less) shall be
used to administer this Act and the amendments made by this
Act.
<all>