TH ST CONGRESS SESSION S. ll - Chris Van Hollen

ELT21402 CCT S.L.C.

117TH CONGRESS 1ST SESSION S. ll

To make grants to support online training of residential contractors and

rebates for the energy efficiency upgrades of homes and multifamily

buildings, and for other purposes.

IN THE SENATE OF THE UNITED STATES

llllllllll

Mr. VAN HOLLEN (for himself, Mrs. SHAHEEN, and Mr. COONS) introduced

the following bill; which was read twice and referred to the Committee

on llllllllll

A BILL

To make grants to support online training of residential

contractors and rebates for the energy efficiency up-

grades of homes and multifamily buildings, and for other

purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.—This Act may be cited as the 4

‘‘HOPE for HOMES Act of 2021’’. 5

(b) TABLE OF CONTENTS.—The table of contents for 6

this Act is as follows: 7

Sec. 1. Short title; table of contents.

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Sec. 2. Definitions.

TITLE I—HOPE TRAINING

Sec. 101. Notice for HOPE Qualification training and grants.

Sec. 102. Course criteria.

Sec. 103. HOPE Qualification.

Sec. 104. Grants.

Sec. 105. Authorization of appropriations.

TITLE II—HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM

Sec. 201. Establishment of Home Energy Savings Retrofit Rebate Program.

Sec. 202. Partial system rebates.

Sec. 203. State administered rebates for home energy efficiency retrofits.

Sec. 204. State administered rebates for reductions in home energy use not

measured by meters.

Sec. 205. State administered rebates for multifamily building energy efficiency

retrofits.

Sec. 206. Special provisions for moderate income households and multifamily

buildings.

Sec. 207. Coordination of rebate and existing State-Sponsored or utility-Spon-

sored programs.

Sec. 208. Consumer access to electric energy and natural gas information.

Sec. 209. Evaluation reports to Congress.

Sec. 210. Administration.

Sec. 211. Treatment of rebates.

Sec. 212. Authorization of appropriations.

TITLE III—GENERAL PROVISIONS

Sec. 301. Appointment of personnel.

Sec. 302. Maintenance of funding.

SEC. 2. DEFINITIONS. 1

In this Act: 2

(1) AGGREGATOR.—The term ‘‘aggregator’’ 3

means a gas utility, electric utility, or commercial, 4

nonprofit, or government entity that may receive re-5

bates provided under a State program under this 6

Act for one or more portfolios, consisting of one or 7

more energy efficiency retrofits. 8

(2) CONTRACTOR CERTIFICATION.—The term 9

‘‘contractor certification’’ means an industry recog-10

nized certification that may be obtained by a resi-11

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dential contractor to advance the expertise and edu-1

cation of the contractor in energy efficiency retrofits 2

of residential buildings, including— 3

(A) a certification provided by— 4

(i) the Building Performance Insti-5

tute; 6

(ii) the Air Conditioning Contractors 7

of America; 8

(iii) the National Comfort Institute; 9

(iv) the North American Technician 10

Excellence; 11

(v) RESNET; 12

(vi) the United States Green Building 13

Council; or 14

(vii) Home Innovation Research Labs; 15

and 16

(B) any other certification the Secretary 17

determines appropriate for purposes of the 18

Home Energy Savings Retrofit Rebate Pro-19

gram. 20

(3) CONTRACTOR COMPANY.—The term ‘‘con-21

tractor company’’ means a company— 22

(A) the business of which is to provide 23

services to residential building owners with re-24

spect to HVAC systems, insulation, air sealing, 25

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or other services that are approved by the Sec-1

retary; 2

(B) that holds the licenses and insurance 3

required by the State in which the company 4

provides services; and 5

(C) that provides services for which a re-6

bate may be provided pursuant to the Home 7

Energy Savings Retrofit Rebate Program. 8

(4) ELECTRIC CONSUMER.—The term ‘‘electric 9

consumer’’ has the meaning given such term in sec-10

tion 3 of the Public Utility Regulatory Policies Act 11

of 1978 (16 U.S.C. 2602). 12

(5) ELECTRIC UTILITY.—The term ‘‘electric 13

utility’’ has the meaning given such term in section 14

3 of the Public Utility Regulatory Policies Act of 15

1978 (16 U.S.C. 2602). 16

(6) ENERGY AUDIT.—The term ‘‘energy audit’’ 17

means an inspection, survey, and analysis of the en-18

ergy use of a building, including the building enve-19

lope and HVAC system. 20

(7) GAS CONSUMER.—The term ‘‘gas con-21

sumer’’ has the meaning given such term in section 22

302 of the Public Utility Regulatory Policies Act of 23

1978 (15 U.S.C. 3202). 24

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(8) GAS UTILITY.—The term ‘‘gas utility’’ has 1

the meaning given such term in section 302 of the 2

Public Utility Regulatory Policies Act of 1978 (15 3

U.S.C. 3202). 4

(9) HOME.—The term ‘‘home’’ means a build-5

ing with no more than 4 dwelling units, or a manu-6

factured housing unit, including units built before 7

June 15, 1976, that— 8

(A) is located in the United States; 9

(B) was constructed before the date of en-10

actment of this Act; and 11

(C) is occupied at least 6 months out of 12

the year. 13

(10) HOME ENERGY SAVINGS RETROFIT RE-14

BATE PROGRAM.—The term ‘‘Home Energy Savings 15

Retrofit Rebate Program’’ means the Home Energy 16

Savings Retrofit Rebate Program established under 17

section 201. 18

(11) HOMEOWNER.—The term ‘‘homeowner’’ 19

means the owner of an owner-occupied home or a 20

tenant-occupied home. 21

(12) HOME VALUATION CERTIFICATION.—The 22

term ‘‘home valuation certification’’ means one of 23

the following home assessments: 24

(A) Home Energy Score. 25

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(B) PEARL Certification. 1

(C) National Green Building Standard. 2

(D) LEED. 3

(E) Any other assessment the Secretary 4

determines to be appropriate. 5

(13) HOPE QUALIFICATION.—The term 6

‘‘HOPE Qualification’’ means the qualification de-7

scribed in section 103. 8

(14) HOPE TRAINING CREDIT.—The term 9

‘‘HOPE training credit’’ means a HOPE training 10

task credit or a HOPE training supplemental credit. 11

(15) HOPE TRAINING TASK CREDIT.—The 12

term ‘‘HOPE training task credit’’ means a credit 13

described in section 102(a). 14

(16) HOPE TRAINING SUPPLEMENTAL CRED-15

IT.—The term ‘‘HOPE training supplemental cred-16

it’’ means a credit described in section 102(b). 17

(17) HVAC SYSTEM.—The term ‘‘HVAC sys-18

tem’’ means a system— 19

(A) consisting of a heating component, a 20

ventilation component, and an air-conditioning 21

component; and 22

(B) which components may include central 23

air conditioning, a heat pump, a furnace, a boil-24

er, a rooftop unit, and a window unit. 25

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(18) MEASURED PERFORMANCE HOME RE-1

BATE.—The term ‘‘measured performance home re-2

bate’’ means a rebate provided in accordance with 3

section 203 and described in subsection (e) of that 4

section. 5

(19) MEASURED PERFORMANCE MULTIFAMILY 6

BUILDING REBATE.—The term ‘‘measured perform-7

ance multifamily building rebate’’ means a rebate 8

provided in accordance with section 205 and de-9

scribed in subsection (e) of that section. 10

(20) METER.—The term ‘‘meter’’ means a de-11

vice that measures and records energy usage data at 12

any interval. 13

(21) MODELED PERFORMANCE HOME RE-14

BATE.—The term ‘‘modeled performance rebate’’ 15

means a rebate provided in accordance with section 16

203 and described in subsection (d) of that section. 17

(22) MODELED PERFORMANCE MULTIFAMILY 18

BUILDING REBATE.—The term ‘‘modeled perform-19

ance multifamily building rebate’’ means a rebate 20

provided in accordance with section 205 and de-21

scribed in subsection (d) of that section. 22

(23) MODERATE INCOME.—The term ‘‘mod-23

erate income’’ means, with respect to a household, a 24

household with an annual income that is less than 25

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80 percent of the area median income, as deter-1

mined annually by the Department of Housing and 2

Urban Development. 3

(24) MULTIFAMILY BUILDING.—The term 4

‘‘multifamily building’’ means a building with 5 or 5

more dwelling units. 6

(25) PARTIAL SYSTEM REBATE.—The term 7

‘‘partial system rebate’’ means a rebate provided in 8

accordance with section 202. 9

(26) RETAIL ELECTRIC ENERGY INFORMA-10

TION.—The term ‘‘retail electric energy informa-11

tion’’ means— 12

(A) the electric energy usage of an electric 13

consumer over a time interval, as measured and 14

recorded by the applicable meter; 15

(B) the retail electric energy prices or 16

rates applied to the electric energy usage for 17

the time interval described in subparagraph (A) 18

for the electric consumer; 19

(C) the cost of service provided to an elec-20

tric consumer, as displayed on billing informa-21

tion provided to such electric consumer; and 22

(D) in the case of nonresidential electric 23

meters, any other electrical information that the 24

meter is programmed to record that is used for 25

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ELT21402 CCT S.L.C.

billing purposes (such as demand measured in 1

kilowatts, voltage, frequency, current, and 2

power factor). 3

(27) RETAIL NATURAL GAS INFORMATION.— 4

The term ‘‘retail natural gas information’’ means— 5

(A) the natural gas usage of a gas con-6

sumer, as measured and recorded by the appli-7

cable gas utility; 8

(B) the retail natural gas prices or rates 9

applied to the natural gas usage described in 10

subparagraph (A) for the gas consumer; 11

(C) the cost of service provided to a gas 12

consumer, as displayed on billing information 13

provided to such gas consumer; and 14

(D) in the case of nonresidential natural 15

gas meters, any other information that the 16

meter is programmed to record that is used for 17

billing purposes. 18

(28) SECRETARY.—The term ‘‘Secretary’’ 19

means the Secretary of Energy. 20

(29) STATE.—The term ‘‘State’’ includes— 21

(A) a State; 22

(B) the District of Columbia; 23

(C) the Commonwealth of Puerto Rico; 24

(D) Guam; 25

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(E) American Samoa; 1

(F) the Commonwealth of the Northern 2

Mariana Islands; 3

(G) the United States Virgin Islands; and 4

(H) any other territory or possession of the 5

United States. 6

(30) STATE ENERGY OFFICE.—The term ‘‘State 7

energy office’’ means the office or agency of a State 8

responsible for developing the State energy conserva-9

tion plan for the State under section 362 of the En-10

ergy Policy and Conservation Act (42 U.S.C. 6322). 11

(31) UNDERSERVED COMMUNITY.—The term 12

‘‘underserved community’’ means— 13

(A) a community located in a ZIP Code 14

that includes one or more census tracts that are 15

identified as— 16

(i) a low-income community; or 17

(ii) a community of racial or ethnic 18

minority concentration; or 19

(B) any other community that the Sec-20

retary determines is disproportionately vulner-21

able to, or bears a disproportionate burden of, 22

any combination of economic, social, and envi-23

ronmental stressors. 24

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TITLE I—HOPE TRAINING 1

SEC. 101. NOTICE FOR HOPE QUALIFICATION TRAINING 2

AND GRANTS. 3

Not later than 30 days after the date of enactment 4

of this Act, the Secretary, acting through the Director of 5

the Building Technologies Office of the Department of 6

Energy, shall issue a notice that includes— 7

(1) criteria established under section 102 for 8

approval by the Secretary of courses for which cred-9

its may be issued for purposes of a HOPE Qualifica-10

tion; 11

(2) a list of courses that meet such criteria and 12

are so approved; and 13

(3) information on how individuals and entities 14

may apply for grants under this title. 15

SEC. 102. COURSE CRITERIA. 16

(a) HOPE TRAINING TASK CREDIT.— 17

(1) CRITERIA.—The Secretary shall establish 18

criteria for approval of a course for which a credit, 19

to be known as a HOPE training task credit, may 20

be issued, including that such course— 21

(A) is equivalent to at least 30 hours in 22

total course time; 23

(B) is provided by a provider accredited by 24

the Interstate Renewable Energy Council or has 25

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other accreditation determined to be equivalent 1

by the Secretary; 2

(C) is, with respect to a particular job, 3

aligned with the relevant National Renewable 4

Energy Laboratory Job Task Analysis, or other 5

credentialing program foundation that helps 6

identify the necessary core knowledge areas, 7

critical work functions, or skills, as approved by 8

the Secretary; 9

(D) has established learning objectives; 10

and 11

(E) includes, as the Secretary determines 12

appropriate, an appropriate assessment of such 13

learning objectives that may include a final 14

exam, to be proctored on-site or through remote 15

proctoring, or an in-person field exam. 16

(2) INCLUDED COURSES.—The Secretary shall 17

approve one or more courses that meet the criteria 18

described in paragraph (1) for training related to— 19

(A) contractor certification; 20

(B) energy auditing or assessment; 21

(C) home energy systems (including HVAC 22

systems); 23

(D) insulation installation and air leakage 24

control; 25

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(E) health and safety regarding the instal-1

lation of energy efficiency measures or health 2

and safety impacts associated with energy effi-3

ciency retrofits; 4

(F) indoor air quality; and 5

(G) energy efficiency retrofits in manufac-6

tured housing. 7

(b) HOPE TRAINING SUPPLEMENTAL CREDIT CRI-8

TERIA.—The Secretary shall establish criteria for approval 9

of a course for which a credit, to be known as a HOPE 10

training supplemental credit, may be issued, including 11

that such course provides— 12

(1) training related to— 13

(A) small business success, including man-14

agement, marketing, home energy efficiency 15

software, or general accounting principles; 16

(B) the issuance of a home valuation cer-17

tification; 18

(C) the use of wifi-enabled technology in 19

an energy efficiency upgrade; or 20

(D) understanding and being able to par-21

ticipate in the Home Energy Savings Retrofit 22

Rebate Program; and 23

(2) as the Secretary determines appropriate, an 24

appropriate assessment of such training that may in-25

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clude a final exam, to be proctored on-site or 1

through remote proctoring, or an in-person field 2

exam. 3

(c) EXISTING APPROVED COURSES.—The Secretary 4

may approve a course that meets the applicable criteria 5

established under this section that is approved by the ap-6

plicable State energy office or relevant State agency with 7

oversight authority for residential energy efficiency pro-8

grams. 9

(d) IN-PERSON AND ONLINE TRAINING.—A course 10

approved pursuant to this section shall be available online, 11

except as needed for training in, or assessing, course con-12

tent, but may also be conducted in-person. 13

SEC. 103. HOPE QUALIFICATION. 14

(a) ISSUANCE OF CREDITS.— 15

(1) IN GENERAL.—The Secretary, or an entity 16

authorized by the Secretary pursuant to paragraph 17

(2), may issue— 18

(A) a HOPE training task credit to any 19

individual that completes a course that meets 20

applicable criteria under section 102; and 21

(B) a HOPE training supplemental credit 22

to any individual that completes a course that 23

meets the applicable criteria under section 102. 24

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(2) OTHER ENTITIES.—The Secretary may au-1

thorize a State energy office implementing an au-2

thorized program under subsection (b)(2), an organi-3

zation described in section 104(b), and any other en-4

tity the Secretary determines appropriate, to issue 5

HOPE training credits in accordance with para-6

graph (1). 7

(b) HOPE QUALIFICATION.— 8

(1) IN GENERAL.—The Secretary may certify 9

that an individual has achieved a qualification, to be 10

known as a HOPE Qualification, that indicates that 11

the individual has received at least 3 HOPE training 12

credits, of which at least 2 shall be HOPE training 13

task credits. 14

(2) STATE PROGRAMS.—The Secretary may au-15

thorize a State energy office to implement a pro-16

gram to provide HOPE Qualifications in accordance 17

with this title. 18

SEC. 104. GRANTS. 19

(a) IN GENERAL.—The Secretary shall, to the extent 20

amounts are made available in appropriations Acts for 21

such purposes, provide grants to support the training of 22

individuals toward the completion of a HOPE Qualifica-23

tion. 24

(b) PROVIDER ORGANIZATIONS.— 25

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(1) IN GENERAL.—The Secretary may provide a 1

grant of up to $20,000 under this section to an or-2

ganization to provide training online, including es-3

tablishing, modifying, or maintaining the online sys-4

tems, staff time, and software and online program 5

management, through a course that meets the appli-6

cable criteria established under section 102. 7

(2) CRITERIA.—In order to receive a grant 8

under this subsection, an organization shall be— 9

(A) a nonprofit organization; 10

(B) an educational institution; or 11

(C) an organization that has experience 12

providing training to contractors that work with 13

the weatherization assistance program imple-14

mented under part A of title IV of the Energy 15

Conservation and Production Act (42 U.S.C. 16

6861 et seq.) or equivalent experience, as deter-17

mined by the Secretary. 18

(3) ADDITIONAL CERTIFICATIONS.—In addition 19

to any grant provided under paragraph (1), the Sec-20

retary may provide an organization up to $5,000 for 21

each additional course for which a HOPE training 22

credit may be issued that is offered by the organiza-23

tion. 24

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(c) CONTRACTOR COMPANY.—The Secretary may 1

provide a grant under this section of $1,000 per employee 2

to a contractor company, up to a maximum of $10,000, 3

to reimburse the contractor company for training costs for 4

employees, and any home technology support needed for 5

an employee to receive training pursuant to this section. 6

Grant funds provided under this subsection may be used 7

to support wages of employees during training. 8

(d) TRAINEES.—The Secretary may provide a grant 9

of up to $1,000 under this section to an individual who 10

receives a HOPE Qualification. 11

(e) STATE ENERGY OFFICE.—The Secretary may 12

provide a grant under this section to a State energy office 13

of up to $25,000 to implement an authorized program 14

under section 103(b). 15

SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 16

There is authorized to be appropriated to carry out 17

this title $500,000,000 for the period of fiscal years 2022 18

through 2027. 19

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TITLE II—HOME ENERGY SAV-1

INGS RETROFIT REBATE PRO-2

GRAM 3

SEC. 201. ESTABLISHMENT OF HOME ENERGY SAVINGS 4

RETROFIT REBATE PROGRAM. 5

The Secretary shall establish a program, to be known 6

as the Home Energy Savings Retrofit Rebate Program, 7

to— 8

(1) provide rebates in accordance with section 9

202; and 10

(2) provide grants to States to carry out pro-11

grams to provide rebates in accordance this title. 12

SEC. 202. PARTIAL SYSTEM REBATES. 13

(a) AMOUNT OF REBATE.—In carrying out the Home 14

Energy Savings Retrofit Rebate Program, and subject to 15

the availability of appropriations for such purpose, the 16

Secretary shall provide a homeowner a rebate, to be known 17

as a partial system rebate, of, except as provided in section 18

206— 19

(1) up to $800 for the purchase and installation 20

of insulation and air sealing within a home of the 21

homeowner; and 22

(2) up to— 23

(A) except as provided in subparagraph 24

(B), $1,500 for— 25

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(i) the purchase and installation of in-1

sulation and air sealing within a home of 2

the homeowner; and 3

(ii) the replacement of— 4

(I) an HVAC system of such 5

home; 6

(II) the heating component of an 7

HVAC system of such home; or 8

(III) the cooling component of an 9

HVAC system of such home; or 10

(B) $2,500 for— 11

(i) the purchase and installation of in-12

sulation and air sealing within a home of 13

the homeowner; and 14

(ii) the replacement of the heating 15

component of an HVAC system of such 16

home where the heating component in-17

stalled is an air source or ground source 18

heat pump. 19

(b) SPECIFICATIONS.— 20

(1) COST.—The amount of a partial system re-21

bate provided under this section shall, except as pro-22

vided in section 206, not exceed 30 percent of cost 23

of the purchase and installation of insulation and air 24

sealing under subsection (a)(1), or the purchase and 25

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installation of insulation and air sealing and replace-1

ment of an HVAC system, the heating component of 2

an HVAC system, or the cooling component of an 3

HVAC system, under subsection (a)(2). Labor may 4

be included in such cost but may not exceed— 5

(A) in the case of a rebate under sub-6

section (a)(1), 50 percent of such cost; and 7

(B) in the case of a rebate under sub-8

section (a)(2), 25 percent of such cost. 9

(2) REPLACEMENT OF AN HVAC SYSTEM, THE 10

HEATING COMPONENT OF AN HVAC SYSTEM, OR THE 11

COOLING COMPONENT OF AN HVAC SYSTEM.—In 12

order to qualify for a partial system rebate described 13

in subsection (a)(2)— 14

(A) any HVAC system, heating component 15

of an HVAC system, or cooling component of 16

an HVAC system installed shall be Energy Star 17

Most Efficient certified; 18

(B) installation of such an HVAC system, 19

the heating component of an HVAC system, or 20

the cooling component of an HVAC system, 21

shall be completed in accordance with standards 22

specified by the Secretary that are at least as 23

stringent as the applicable guidelines of the Air 24

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Conditioning Contractors of America that are in 1

effect on the date of enactment of this Act; 2

(C) if ducts are present, replacement of an 3

HVAC system, the heating component of an 4

HVAC system, or the cooling component of an 5

HVAC system shall include duct sealing; and 6

(D) the installation of insulation and air 7

sealing shall occur within 6 months of the re-8

placement of the HVAC system, the heating 9

component of an HVAC system, or the cooling 10

component of an HVAC system. 11

(c) ADDITIONAL INCENTIVES FOR CONTRACTORS.— 12

In carrying out the Home Energy Savings Retrofit Rebate 13

Program, the Secretary may provide a $250 payment to 14

a contractor per home for which— 15

(1) a partial system rebate is provided under 16

this section for the installation of insulation and air 17

sealing, or installation of insulation and air sealing 18

and replacement of an HVAC system, the heating 19

component of an HVAC system, or the cooling com-20

ponent of an HVAC system, by the contractor; 21

(2) the applicable homeowner has signed and 22

submitted to the Secretary a release form made 23

available pursuant to section 210(b) authorizing the 24

contractor access, in accordance with guidelines es-25

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tablished under section 208(b), to information in the 1

utility bills of the homeowner; and 2

(3) the contractor inputs, into the Department 3

of Energy’s Building Performance Database or a 4

State database that has an agreement with the De-5

partment of Energy— 6

(A) the energy usage for the home for the 7

13 months preceding, and the 24 months fol-8

lowing, the installation of insulation and air 9

sealing or installation of insulation and air seal-10

ing and replacement of an HVAC system, the 11

heating component of an HVAC system, or the 12

cooling component of an HVAC system; 13

(B) a description of such installation or in-14

stallation and replacement; and 15

(C) the total cost to the homeowner for 16

such installation or installation and replace-17

ment. 18

(d) PROCESS.— 19

(1) FORMS; REBATE PROCESSING SYSTEM.— 20

Not later than 90 days after the date of enactment 21

of this Act, the Secretary, in consultation with the 22

Secretary of the Treasury, shall— 23

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(A) develop and make available rebate 1

forms required to receive a partial system re-2

bate under this section; 3

(B) establish a Federal rebate processing 4

system which shall serve as a database and in-5

formation technology system that will allow 6

homeowners to submit required rebate forms; 7

and 8

(C) establish a website that provides infor-9

mation on partial system rebates provided 10

under this section, including how to determine 11

whether particular measures qualify for a re-12

bate under this section and how to receive such 13

a rebate. 14

(2) SUBMISSION OF FORMS.—In order to re-15

ceive a partial system rebate under this section, a 16

homeowner shall submit the required rebate forms, 17

and any other information the Secretary determines 18

appropriate, to the Federal rebate processing system 19

established pursuant to paragraph (1). 20

(e) FUNDING.— 21

(1) LIMITATION.—For each fiscal year, the Sec-22

retary may not use more than 40 percent of the 23

amounts made available to carry out this title to 24

carry out this section. 25

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(2) ALLOCATION.—The Secretary shall, to the 1

extent practicable, allocate amounts made available 2

to carry out this section for partial system rebates 3

among the States using the same formula as is used 4

to allocate funds for States under part D of title III 5

of the Energy Policy and Conservation Act (42 6

U.S.C. 6321 et seq.). 7

SEC. 203. STATE ADMINISTERED REBATES FOR HOME EN-8

ERGY EFFICIENCY RETROFITS. 9

(a) FUNDING.—In carrying out the Home Energy 10

Savings Retrofit Rebate Program, and subject to the 11

availability of appropriations for such purpose, the Sec-12

retary shall provide grants to States to carry out programs 13

to provide rebates for home energy efficiency retrofits in 14

accordance with this section. 15

(b) STATE PARTICIPATION.— 16

(1) PLAN.—In order to receive a grant under 17

this section a State shall submit to the Secretary an 18

application that includes a plan to implement a 19

State program that meets the minimum criteria 20

under subsection (c). 21

(2) APPROVAL.—Not later than 60 days after 22

receipt of a completed application for a grant under 23

this section, the Secretary shall either approve the 24

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application or provide to the applicant an expla-1

nation for denying the application. 2

(c) MINIMUM CRITERIA FOR STATE PROGRAMS.— 3

Not later than 6 months after the date of enactment of 4

this Act, the Secretary shall establish and publish min-5

imum criteria for a State program to meet to qualify for 6

funding under this section, including— 7

(1) that the State program be carried out by 8

the applicable State energy office or its designee; 9

(2) that a rebate be provided under a State pro-10

gram only for a home energy efficiency retrofit 11

that— 12

(A) is completed by a contractor who 13

meets minimum training requirements, certifi-14

cation requirements, and other requirements es-15

tablished by the Secretary; 16

(B) includes installation of one or more 17

home energy efficiency retrofit measures that 18

together are modeled to achieve, or are shown 19

to achieve, the minimum reduction required 20

under this section— 21

(i) in home energy use; or 22

(ii) with respect to a portfolio of home 23

energy efficiency retrofits, in aggregated 24

home energy use for such portfolio; 25

26

ELT21402 CCT S.L.C.

(C) does not include installation of any 1

measure that the Secretary determines does not 2

improve whole building energy performance of 3

the home, such as a pool pump, pool heater, or 4

spa; and 5

(D) includes, after installation of the appli-6

cable home energy efficiency retrofit measures, 7

a test-out procedure conducted in accordance 8

with guidelines issued by the Secretary of such 9

measures to ensure— 10

(i) the safe operation of all systems 11

post retrofit; and 12

(ii) that all improvements are included 13

in, and have been installed according to— 14

(I) manufacturers’ installation 15

specifications; and 16

(II) all applicable State and local 17

codes or equivalent standards ap-18

proved by the Secretary; 19

(3) that the State program utilize— 20

(A) for purposes of modeled performance 21

home rebates, modeling software, methods, and 22

procedures— 23

(i) for determining and documenting 24

the reductions in home energy use result-25

27

ELT21402 CCT S.L.C.

ing from the implementation of a home en-1

ergy efficiency retrofit that can be cali-2

brated to historical energy usage for a 3

home consistent with BPI 2400; 4

(ii) that are approved by the Sec-5

retary; 6

(iii) that can provide evidence for nec-7

essary improvements to a State program; 8

and 9

(iv) that can help to calibrate models 10

for accuracy; 11

(B) for purposes of measured performance 12

home rebates, methods and procedures ap-13

proved by the Secretary for determining and 14

documenting— 15

(i) the monthly and hourly (if avail-16

able) weather-normalized baseline energy 17

use of a home; and 18

(ii) the reductions in monthly and 19

hourly (if available) weather-normalized 20

energy use of a home resulting from the 21

implementation of a home energy efficiency 22

retrofit; and 23

28

ELT21402 CCT S.L.C.

(C) open-source advanced measurement 1

and verification software approved by the Sec-2

retary; 3

(4) that the State program include implementa-4

tion of a quality assurance program— 5

(A) to ensure that home energy efficiency 6

retrofits are achieving the stated level of energy 7

savings, that efficiency measures were installed 8

correctly, and that work is performed in accord-9

ance with procedures developed by the Sec-10

retary, including through quality-control inspec-11

tions for a portion of home energy efficiency 12

retrofits completed by each applicable con-13

tractor; and 14

(B) under which a quality-control inspec-15

tion of a home energy efficiency retrofit is per-16

formed by a quality assurance provider who— 17

(i) is independent of the contractor 18

for such retrofit; and 19

(ii) will confirm that such contractor 20

is a contractor who meets the minimum re-21

quirements described in paragraph (2); 22

(5) that, if the State program will provide 23

measured performance home rebates, the State pro-24

gram— 25

29

ELT21402 CCT S.L.C.

(A) only provide such a measured perform-1

ance home rebate with respect to a home energy 2

efficiency retrofit after collecting at least 13 3

months of data on home energy usage after 4

completion of such retrofit; 5

(B) establish and utilize, in accordance 6

with guidance issued by the Secretary, a max-7

imum fractional savings uncertainty for any 8

portfolio of home energy efficiency retrofits; and 9

(C) publicly report annual aggregated re-10

ductions in home energy use for homes for 11

which measured performance home rebates are 12

provided; 13

(6) that the State program include procedures 14

for a homeowner to transfer the right to claim a re-15

bate to the contractor performing the applicable 16

home energy efficiency retrofit or to an aggregator, 17

if the State program will utilize aggregators; 18

(7) that if the State program will utilize 19

aggregators to facilitate delivery of rebates to home-20

owners or contractors, that the State program in-21

clude requirements for an entity to be eligible to 22

serve as an aggregator; 23

(8) that the State program include require-24

ments for a homeowner, contractor, or aggregator to 25

30

ELT21402 CCT S.L.C.

claim a rebate, including that the homeowner, con-1

tractor, or aggregator submit to the State any appli-2

cable forms that are approved by the Secretary, in-3

cluding a copy of the certificate provided by the ap-4

plicable contractor certifying projected or measured 5

reduction of home energy use; 6

(9) that the State program provide that a 7

homeowner, contractor, or aggregator may claim 8

more than one rebate under the State program, and 9

may claim a rebate under the State program after 10

receiving a partial system rebate under section 202, 11

provided that no 2 rebates may be provided with re-12

spect to a home using the same baseline energy use 13

of such home; and 14

(10) that the State program include a proce-15

dure for providing, with respect to each home lo-16

cated in an underserved community that receives a 17

home energy efficiency retrofit for which a rebate is 18

provided under the program, the contractor per-19

forming such home energy efficiency retrofit, or an 20

aggregator who has the right to claim such rebate, 21

$200. 22

(d) MODELED PERFORMANCE HOME REBATES.— 23

(1) IN GENERAL.—In carrying out a State pro-24

gram under this section, a State may provide a 25

31

ELT21402 CCT S.L.C.

homeowner, contractor, or aggregator a rebate, to be 1

known as a modeled performance home rebate, for 2

an energy audit of a home and a home energy effi-3

ciency retrofit that is projected, using modeling soft-4

ware approved by the Secretary, to reduce home en-5

ergy use by at least 20 percent. 6

(2) AMOUNT.— 7

(A) IN GENERAL.—Except as provided in 8

section 206, and subject to subparagraph (B), 9

the amount of a modeled performance home re-10

bate provided under a State program shall be 11

equal to not more than 50 percent of the cost 12

of the applicable energy audit of a home and 13

home energy efficiency retrofit, including the 14

cost of diagnostic procedures, labor, reporting, 15

and modeling. 16

(B) LIMITATION.—Except as provided in 17

section 206, with respect to an energy audit 18

and home energy efficiency retrofit that is pro-19

jected to reduce home energy use by— 20

(i) at least 20 percent, but less than 21

35 percent, the maximum amount of a 22

modeled performance home rebate shall be 23

$2,000; and 24

32

ELT21402 CCT S.L.C.

(ii) at least 35 percent, the maximum 1

amount of a modeled performance home 2

rebate shall be $4,000. 3

(e) MEASURED PERFORMANCE HOME REBATES.— 4

(1) IN GENERAL.— 5

(A) MINIMUM REDUCTION IN HOME EN-6

ERGY USE.—In carrying out a State program 7

under this section, a State may provide a home-8

owner, contractor, or an aggregator a rebate, to 9

be known as a measured performance home re-10

bate, for a home energy efficiency retrofit, or 11

portfolio of home energy efficiency retrofits, 12

where— 13

(i) for a home energy efficiency ret-14

rofit that is not part of a portfolio, there 15

is reduction in home energy use of at least 16

15 percent; and 17

(ii) for home energy efficiency retro-18

fits that are part of a portfolio, there is an 19

aggregate reduction in home energy use of 20

at least 15 percent. 21

(B) MEASURED REDUCTION.—For pur-22

poses of a measured performance home rebate, 23

reductions in home energy use shall be meas-24

ured— 25

33

ELT21402 CCT S.L.C.

(i) at the meter; 1

(ii) in terms of reductions in kilowatt 2

hour, or kilowatt hour-equivalent, use; and 3

(iii) using methods and procedures ap-4

proved by the Secretary. 5

(2) AMOUNT.—Except as provided in section 6

206— 7

(A) in the case of a home energy efficiency 8

retrofit— 9

(i) that is not part of a portfolio, the 10

amount of a measured performance home 11

rebate provided under a State program 12

shall be not more than 50 percent of the 13

direct costs of the home energy efficiency 14

retrofit to the homeowner; and 15

(ii) that is part of a portfolio, the ag-16

gregated amount for measured perform-17

ance home rebates provided for such port-18

folio under a State program shall be not 19

more than 50 percent of the aggregated di-20

rect costs of the home energy efficiency 21

retrofits that are part of the portfolio; 22

(B) the amount of a measured perform-23

ance home rebate provided under a State pro-24

gram shall be determined— 25

34

ELT21402 CCT S.L.C.

(i) in the case of a home energy effi-1

ciency retrofit that is not part of a port-2

folio, based on the amount that home en-3

ergy use for the home is reduced, provided 4

such reduction is at least 15 percent; and 5

(ii) in the case of a home energy effi-6

ciency retrofit that is part of a portfolio, 7

based on the amount that home energy use 8

for the home is reduced, regardless of 9

whether such reduction is at least 15 per-10

cent; and 11

(C) the amount of a measured performance 12

home rebate provided under a State program 13

shall be determined using a payment rate per 14

kilowatt hour or kilowatt hour-equivalent of re-15

duction in home energy use that is— 16

(i) established by the State energy of-17

fice and approved by the Secretary; and 18

(ii) not more than a payment rate 19

that would equal, for a 20 percent reduc-20

tion in average home energy use, based on 21

State energy data, a rebate of not more 22

than $2000. 23

(f) OVERSIGHT.—If the Secretary determines that a 24

State is not implementing a State program that was ap-25

35

ELT21402 CCT S.L.C.

proved pursuant to subsection (b) and that meets the min-1

imum criteria under subsection (c), the Secretary may, 2

after providing the State a period of at least 90 days to 3

meet such criteria, withhold grant funds under this section 4

from the State. 5

(g) ADMINISTRATIVE EXPENSES.—A State may use 6

up to 10 percent of a grant received under this section 7

for the costs of administering a State program approved 8

pursuant to subsection (b) and that meets the minimum 9

criteria under subsection (c). 10

SEC. 204. STATE ADMINISTERED REBATES FOR REDUC-11

TIONS IN HOME ENERGY USE NOT MEASURED 12

BY METERS. 13





that to provide rebates in accordance with this section for 18

home energy efficiency retrofits for which the reductions 19

in home energy use are not able to be modeled or meas-20

ured in a manner that would qualify for a rebate under 21

section 203. 22




36

ELT21402 CCT S.L.C.









(c) CRITERIA.—Not later than 6 months after the 9

date of enactment of this Act, the Secretary shall establish 10

and publish minimum criteria for a State program to meet 11

to qualify for funding under this section, including— 12


the applicable State energy office or a designee with 14

an established history carrying out data-driven, eval-15

uated, and verified programs; 16


gram only for a home energy efficiency retrofit 18

that— 19






home energy efficiency retrofit measures for a 25

37

ELT21402 CCT S.L.C.

home that together are shown to achieve, a 1

minimum of a 20 percent reduction in home en-2

ergy use from the baseline energy use of the 3

home, where such energy use is not measured 4

through a meter; 5



improve whole building energy performance of 8

the home, such as a pool pump, pool heater, or 9

spa; and 10


cable home energy efficiency retrofit measures, 12

a test-out procedure conducted in accordance 13

with guidelines issued by the Secretary of such 14

measures to ensure— 15


post retrofit; and 17








38

ELT21402 CCT S.L.C.

(3) that the State program utilize methods and 1

procedures approved by the Secretary for deter-2

mining and documenting— 3

(A) the baseline energy use of a home; and 4

(B) the reductions in weather-normalized 5

energy use of a home resulting from the imple-6

mentation of a home energy efficiency retrofit; 7

and 8

(4) that the State program provide that a re-9

bate may not be claimed with respect to a home for 10

a home energy efficiency retrofit if a rebate may be 11

provided for such home energy efficiency retrofit 12

under a State program under section 203. 13

(d) OVERSIGHT.—If the Secretary determines that a 14






from the State. 20

(e) ADMINISTRATIVE EXPENSES.—A State may use 21





39

ELT21402 CCT S.L.C.

SEC. 205. STATE ADMINISTERED REBATES FOR MULTI-1

FAMILY BUILDING ENERGY EFFICIENCY RET-2

ROFITS. 3





to provide rebates for multifamily building energy effi-8

ciency retrofits in accordance with this section. 9












(c) MINIMUM CRITERIA FOR STATE PROGRAMS.— 21

Not later than 6 months after the date of enactment of 22

this Act, the Secretary shall establish and publish min-23

imum criteria for a State program to meet to qualify for 24

funding under this section, including— 25

40

ELT21402 CCT S.L.C.


the applicable State energy office or its designee; 2


gram only for a whole-building multifamily building 4

energy efficiency retrofit that— 5






multifamily building energy efficiency retrofit 11

measures for the multifamily building that are 12

modeled to achieve, or are shown to achieve, the 13

minimum reduction required under this sec-14

tion— 15

(i) in whole building energy use; or 16

(ii) with respect to a portfolio of mul-17

tifamily energy efficiency retrofits, in ag-18

gregated multifamily building energy use 19

for such portfolio; 20



improve the whole building energy performance 23

of the building, such as a pool pump, pool heat-24

er, or spa; and 25

41

ELT21402 CCT S.L.C.


cable whole building energy efficiency retrofit 2

measures, a test-out procedure conducted in ac-3

cordance with guidelines issued by the Sec-4

retary of such measures to ensure— 5


post-retrofit; and 7








(3) that the State program utilize— 15

(A) for purposes of modeled performance 16

multifamily building rebates, modeling software, 17

methods, and procedures— 18

(i) for determining and documenting 19

the reductions in multifamily building en-20

ergy use resulting from the implementation 21

of a multifamily building energy efficiency 22

retrofit that can be calibrated to historical 23

energy usage for a multifamily building 24

consistent with BPI 2400; 25

42

ELT21402 CCT S.L.C.

(ii) that are approved by the Sec-1

retary; 2

(iii) that can provide evidence for nec-3

essary improvements to a State program; 4

and 5

(iv) that can help to calibrate models 6

for accuracy; 7

(B) for purposes of measured performance 8

multifamily building rebates, methods and pro-9

cedures approved by the Secretary for deter-10

mining and documenting— 11

(i) the monthly and hourly (if avail-12

able) weather-normalized baseline energy 13

use of a multifamily building; and 14

(ii) the reductions in monthly and 15

hourly (if available) weather-normalized 16

energy use of a multifamily building result-17

ing from the implementation of a multi-18

family building efficiency retrofit; and 19

(C) open-source advanced measurement 20

and verification software approved by the Sec-21

retary; 22

(4) that the State program include implementa-23

tion of a quality assurance program— 24

43

ELT21402 CCT S.L.C.

(A) to ensure that multifamily building en-1

ergy efficiency retrofits are achieving the stated 2

level of energy savings, that efficiency measures 3

were installed correctly, and that work is per-4

formed in accordance with procedures developed 5

by the Secretary, including through quality-con-6

trol inspections for a portion of multifamily 7

building energy efficiency retrofits completed by 8

each applicable contractor; and 9

(B) under which a quality-control inspec-10

tion of a multifamily building energy efficiency 11

retrofit is performed by a quality assurance 12

provider who— 13

(i) is independent of the contractor 14

for such retrofit; and 15

(ii) will confirm that such contractor 16

is a contractor who meets the minimum re-17

quirements described in paragraph (2); 18

(5) that, if the State program will provide 19

measured performance multifamily building rebates, 20

the State program— 21

(A) only provide such a measured perform-22

ance multifamily building rebate with respect to 23

a multifamily building energy efficiency retrofit 24

after collecting at least 13 months of data on 25

44

ELT21402 CCT S.L.C.

multifamily building energy usage after comple-1

tion of such retrofit; 2

(B) establish and utilize, in accordance 3

with guidance issued by the Secretary, a max-4

imum fractional savings uncertainty for any 5

portfolio of multifamily building energy effi-6

ciency retrofits; 7

(C) publicly report annual aggregated re-8

ductions in multifamily building energy use for 9

homes for which measured performance multi-10

family building rebates are provided; 11

(6) that the State program include require-12

ments for a multifamily building owner, contractor, 13

or aggregator to claim a rebate, including that the 14

building owner, contractor, or aggregator submit to 15

the State any applicable forms approved by the Sec-16

retary, including a copy of the certificate provided 17

by the applicable contractor certifying projected or 18

measured reduction of multifamily building energy 19

use; 20

(7) that the State program include procedures 21

for a multifamily building owner to transfer the 22

right to claim a rebate to the contractor performing 23

the applicable multifamily building energy efficiency 24

45

ELT21402 CCT S.L.C.

retrofit or to an aggregator, if the State program 1

will utilize aggregators; 2

(8) that if the State program will utilize 3

aggregators to facilitate delivery of rebates to multi-4

family building owners or contractors, that the State 5

program include requirements for an entity to be eli-6

gible to serve as an aggregator; 7

(9) that the State program provide that a mul-8

tifamily building owner or contractor may claim 9

more than one rebate under the State program, pro-10

vided that no 2 rebates may be provided with respect 11

to a multifamily building using the same baseline en-12

ergy use of such multifamily building; and 13

(10) that the State program include a proce-14

dure for providing, with respect to each multifamily 15

building located in an underserved community that 16

receives a multifamily building energy efficiency ret-17

rofit for which a rebate is provided under the pro-18

gram, the contractor performing such multifamily 19

building energy efficiency retrofit, or an aggregator 20

who has the right to claim such rebate, $50 per 21

dwelling unit in the multifamily building. 22

(d) MODELED PERFORMANCE MULTIFAMILY BUILD-23

ING REBATES.— 24

46

ELT21402 CCT S.L.C.

(1) IN GENERAL.—In carrying out a State pro-1

gram under this section, a State may provide a 2

building owner or contractor a rebate, to be known 3

as a modeled performance multifamily building re-4

bate, for an energy audit of a multifamily building 5

and a multifamily building energy efficiency retrofit 6

that is projected, using modeling software approved 7

by the Secretary, to reduce whole building energy 8

use by at least 20 percent. 9

(2) AMOUNT.— 10

(A) IN GENERAL.—Except as provided in 11

section 206 and subject to subparagraph (B), 12

the amount of a modeled performance multi-13

family building rebate provided under a State 14

program shall be equal to not more than 50 15

percent of the cost of the applicable energy 16

audit of a multifamily building and multifamily 17

building energy efficiency retrofit, including the 18

cost of diagnostic procedures, labor, reporting, 19

and modeling. 20

(B) LIMITATION.—Except as provided in 21

section 206, with respect to an energy audit 22

and multifamily building energy efficiency ret-23

rofit that is projected to reduce multifamily 24

building energy use by— 25

47

ELT21402 CCT S.L.C.

(i) at least 20 percent, but less than 1

35 percent, the maximum amount of a 2

modeled performance multifamily building 3

rebate shall be $2,000 per dwelling unit in 4

the multifamily building, up to a maximum 5

of $200,000 per multifamily building or 6

per complex, if such complex consists of 7

multiple adjacent multifamily buildings 8

owned by the same entity; and 9

(ii) at least 35 percent, the maximum 10

amount of a modeled performance multi-11

family building rebate shall be $4,000 per 12

dwelling unit in the multifamily building, 13

up to a maximum of $400,000 per multi-14

family building or per complex, if such 15

complex consists of multiple adjacent mul-16

tifamily buildings owned by the same enti-17

ty. 18

(e) MEASURED PERFORMANCE MULTIFAMILY 19

BUILDING REBATES.— 20

(1) IN GENERAL.— 21

(A) MINIMUM REDUCTION IN MULTI-22

FAMILY BUILDING ENERGY USE.—In carrying 23

out a State program under this section, a State 24

may provide a building owner, contractor, or 25

48

ELT21402 CCT S.L.C.

aggregator a rebate, to be known as a measured 1

performance multifamily building rebate, for a 2

multifamily building energy efficiency retrofit, 3

or portfolio of multifamily energy efficiency ret-4

rofits, where— 5

(i) for a multifamily building energy 6

efficiency retrofit that is not part of a 7

portfolio, there is reduction in multifamily 8

building energy use of at least 15 percent; 9

and 10

(ii) for multifamily building energy ef-11

ficiency retrofits that are part of a port-12

folio, there is an aggregate reduction in 13

multifamily building energy use of at least 14

15 percent. 15

(B) MEASURED REDUCTION.—For pur-16

poses of a measured performance multifamily 17

building rebate, reductions in multifamily build-18

ing energy use shall be measured— 19

(i) at the meter; 20

(ii) in terms of reductions in kilowatt 21

hour, or kilowatt hour-equivalent, use; and 22

(iii) using methods and procedures ap-23

proved by the Secretary. 24

49

ELT21402 CCT S.L.C.

(2) AMOUNT.—Except as provided in section 1

206— 2

(A) in the case of a multifamily building 3

energy efficiency retrofit— 4

(i) that is not part of a portfolio, the 5

amount of a measured performance multi-6

family building rebate provided under a 7

State program shall be not more than 50 8

percent of the direct costs of the multi-9

family building energy efficiency retrofit to 10

the owner; and 11

(ii) that is part of a portfolio, the ag-12

gregated amount for measured perform-13

ance multifamily building rebates provided 14

for such portfolio under a State program 15

shall be not more than 50 percent of the 16

aggregated direct costs of the multifamily 17

building energy efficiency retrofits that are 18

part of the portfolio; 19

(B) the amount of a measured perform-20

ance multifamily building rebate provided under 21

a State program shall be determined— 22

(i) in the case of a multifamily build-23

ing energy efficiency retrofit that is not 24

part of a portfolio, based on the amount 25

50

ELT21402 CCT S.L.C.

that energy use for the multifamily build-1

ing is reduced, provided such reduction is 2

at least 15 percent; and 3

(ii) in the case of a multifamily build-4

ing energy efficiency retrofit that is part of 5

a portfolio, based on the amount that en-6

ergy use for the multifamily building is re-7

duced, regardless of whether such reduc-8

tion is at least 15 percent; and 9

(C) the amount of a measured performance 10

multifamily building rebate provided under a 11

State program shall be determined using a pay-12

ment rate per kilowatt hour or kilowatt hour- 13

equivalent of reduction in multifamily building 14

energy use that is— 15

(i) established by the State energy of-16

fice and approved by the Secretary; and 17

(ii) not more than a payment rate 18

that would equal, for a 20 percent reduc-19

tion in average multifamily building energy 20

use, based on State energy data, a rebate 21

of not more than $2000 per dwelling unit 22

in the multifamily building. 23

(f) OVERSIGHT.—If the Secretary determines that a 24


51

ELT21402 CCT S.L.C.





from the State. 5

(g) ADMINISTRATIVE EXPENSES.—A State may use 6





(h) CONTRACTING REQUIREMENTS.—The minimum 11

requirements described in subsection (c)(2) for contractors 12

shall include a requirement that a contractor certify that 13

all laborers and mechanics employed by the contractor or 14

subcontractor thereof in the performance of construction, 15

alteration, or repair work for which a rebate is provided 16

under a State program under this section shall be paid 17

wages at rates not less than those prevailing on similar 18

construction in the locality as determined by the Secretary 19

of Labor in accordance with subchapter IV of chapter 31 20

of title 40, United States Code. With respect to the labor 21

standards in this subsection, the Secretary of Labor shall 22

have the authority and functions set forth in Reorganiza-23

tion Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 24

App.) and section 3145 of title 40, United States Code. 25

52

ELT21402 CCT S.L.C.

SEC. 206. SPECIAL PROVISIONS FOR MODERATE INCOME 1

HOUSEHOLDS AND MULTIFAMILY BUILD-2

INGS. 3

(a) CERTIFICATIONS.—The Secretary shall establish 4

procedures for certifying as moderate income for purposes 5

of this section— 6

(1) the household of a homeowner; or 7

(2) a multifamily building. 8

(b) PERCENTAGES.—Subject to subsection (c), for 9

households of homeowners and multifamily buildings that 10

are certified pursuant to the procedures established under 11

subsection (a) as moderate income the— 12

(1) amount of a partial system rebate under 13

section 202 shall not exceed 60 percent of the appli-14

cable purchase and installation and replacement 15

costs described in section 202(b)(1); and 16

(2) amount of— 17

(A) a modeled performance home rebate 18

provided under section 203 shall be not more 19

than 80 percent of the applicable costs de-20

scribed in section 203(d)(2)(A); 21

(B) a modeled performance multifamily 22

building rebate provided under section 205 shall 23

be not more than 80 percent of the applicable 24

costs described in section 205(d)(2)(A); 25

53

ELT21402 CCT S.L.C.

(C) a measured performance home rebate 1

provided under section 203 shall be not more 2

than 80 percent of the applicable costs de-3

scribed in section 203(e)(2)(A); and 4

(D) a measured performance multifamily 5

building rebate provided under section 205 shall 6

be not more than 80 percent of the applicable 7

costs described in section 205(e)(2)(A). 8

(c) MAXIMUM AMOUNTS.— 9

(1) PARTIAL SYSTEM REBATES.—For house-10

holds of homeowners that are certified pursuant to 11

the procedures established under subsection (a) as 12

moderate income, the maximum amount of a partial 13

system rebate— 14

(A) under section 202(a)(1) for the pur-15

chase and installation of insulation and air seal-16

ing within a home of the homeowner shall be 17

$1,600; 18

(B) except as provided in subparagraph 19

(C), under section 202(a)(2) for the purchase 20

and installation of insulation and air sealing 21

within a home of the homeowner and replace-22

ment of an HVAC system, the heating compo-23

nent of an HVAC system, or the cooling compo-24

54

ELT21402 CCT S.L.C.

nent of an HVAC system, of such home, shall 1

be $3,000; and 2

(C) under section 202(a)(2)(B) for the 3

purchase and installation of insulation and air 4

sealing within a home of the homeowner and re-5

placement of the heating component of an 6

HVAC system of such home, where the heating 7

component installed is an air source or ground 8

source heat pump, shall be $5000. 9

(2) MODELED PERFORMANCE HOME REBATE.— 10

For households of homeowners that are certified 11

pursuant to the procedures established under sub-12

section (a) as moderate income, the maximum 13

amount of a modeled performance home rebate 14

under section 203 for an energy audit and home en-15

ergy efficiency retrofit that is projected to reduce 16

home energy use as described in— 17

(A) section 203(d)(2)(B)(i) shall be 18

$4,000; and 19

(B) section 203(d)(2)(B)(ii) shall be 20

$8,000. 21

(3) MODELED PERFORMANCE MULTIFAMILY 22

BUILDING REBATE.—For multifamily buildings that 23

are certified pursuant to the procedures established 24

under subsection (a) as moderate income, the max-25

55

ELT21402 CCT S.L.C.

imum amount of a modeled performance multifamily 1

building rebate under section 205 for an energy 2

audit and multifamily building energy efficiency ret-3

rofit that is projected to reduce building energy as 4

described in— 5

(A) section 205(d)(2)(B)(i) shall be $4,000 6

per dwelling unit in the multifamily building, up 7

to a maximum of $400,000 per multifamily 8

building or per complex, if such complex con-9

sists of multiple adjacent multifamily buildings 10

owned by the same entity; and 11

(B) section 205(d)(2)(B)(ii) shall be 12

$8,000 per dwelling unit in the multifamily 13

building, up to a maximum of $800,000 per 14

multifamily building or per complex, if such 15

complex consists of multiple adjacent multi-16

family buildings owned by the same entity. 17

(4) MEASURED PERFORMANCE HOME RE-18

BATE.—For households of homeowners that are cer-19

tified pursuant to the procedures established under 20

subsection (a) as moderate income, the maximum 21

amount of a measured performance home rebate 22

under section 203 for a home energy efficiency ret-23

rofit shall be determined using a payment rate per 24

kilowatt hour or kilowatt hour-equivalent of reduc-25

56

ELT21402 CCT S.L.C.

tion in home energy use that is equal to twice the 1

payment rate described in section 203(e)(2). 2

(5) MEASURED PERFORMANCE MULTIFAMILY 3

BUILDING.—For multifamily buildings that are cer-4

tified pursuant to the procedures established under 5

subsection (a) as moderate income, the maximum 6

amount of a measured performance multifamily 7

building rebate under section 205 for a multifamily 8

building energy efficiency retrofit shall be deter-9

mined using a payment rate per kilowatt hour or kil-10

owatt hour-equivalent of reduction in multifamily 11

building energy use that is equal to twice the pay-12

ment rate described in section 205(e)(2). 13

(d) OUTREACH.—The Secretary shall establish proce-14

dures to— 15

(1) provide information to households of home-16

owners, and households in multifamily buildings, 17

that are certified pursuant to the procedures estab-18

lished under subsection (a) as moderate income re-19

garding other programs and resources relating to as-20

sistance for energy efficiency upgrades of homes and 21

dwelling units of multifamily buildings, including the 22

weatherization assistance program implemented 23

under part A of title IV of the Energy Conservation 24

and Production Act (42 U.S.C. 6861 et seq.); and 25

57

ELT21402 CCT S.L.C.

(2) refer such households, as applicable, to such 1

other programs and resources. 2

(e) REQUIREMENTS FOR MULTIFAMILY BUILD-3

INGS.— 4

(1) ALL MULTIFAMILY BUILDINGS.—A rebate 5

may not be made in accordance with this section 6

with respect to a multifamily building unless the 7

owner of the building demonstrates to the satisfac-8

tion of the Secretary that, at the time the rebate is 9

made, not less than 2⁄3 of all dwelling units in such 10

multifamily building— 11

(A) are occupied by households having in-12

comes not exceeding 80 percent of median in-13

come for the area in which the multifamily 14

building is located; and 15

(B) have monthly rental prices that are 16

equal to, or less than, an amount that is equal 17

to 30 percent of the monthly household income 18

of a household having an income at 80 percent 19

of median household income for the area in 20

which the multifamily building is located. 21

(2) ASSISTED MULTIFAMILY BUILDINGS.—A re-22

bate may not be made in accordance with this sec-23

tion with respect to a multifamily building for which 24

Federal rental assistance is provided unless the 25

58

ELT21402 CCT S.L.C.

owner of such multifamily building demonstrates to 1

the satisfaction of the Secretary that the remaining 2

term of the affordability agreement for such building 3

relating to such assistance is 5 years or longer. 4

(3) UNASSISTED MULTIFAMILY BUILDINGS.— 5

(A) REQUIREMENTS FOR RENT IN-6

CREASES.— 7

(i) LIMITATION.—A rebate may not 8

be made in accordance with this section 9

with respect to a multifamily building for 10

which, during the 5-year period beginning 11

on the date of issuance of such a rebate, 12

no Federal rental assistance is provided, 13

unless the owner of such multifamily build-14

ing enters into such binding commitments 15

as the Secretary shall require to ensure 16

that any rent increase for any dwelling 17

unit in the multifamily building made after 18

the completion of any energy efficiency ret-19

rofit for which such rebate is made shall 20

not exceed the amount of the existing rent 21

as increased in accordance with any per-22

centage increase in the Consumer Price 23

Index for All Urban Consumers (CPI–U) 24

59

ELT21402 CCT S.L.C.

for the applicable period, as determined by 1

the Secretary. 2

(ii) EXEMPTION.—A rent increase for 3

dwelling units subject to the limitation 4

under clause (i) may exceed the amount 5

provided under such clause if the owner of 6

the multifamily building in which such 7

dwelling units are located requests such ex-8

emption and provides to the applicable 9

State documentation demonstrating actual, 10

documented increases in specific operating 11

expenses, which may include property taxes 12

and maintenance costs, that meet such re-13

quirements as the Secretary shall establish. 14

(B) EVICTION PROTECTIONS.—A rebate 15

may not be provided in accordance with this 16

section with respect to a multifamily building 17

for which no Federal rental assistance is pro-18

vided unless the owner of such multifamily 19

building enters into such binding commitments 20

as the Secretary shall require to ensure that, 21

during a period prescribed by the Secretary, 22

any moderate income household residing in a 23

dwelling unit in the multifamily building may 24

not be evicted, have their lease terminated, or 25

60

ELT21402 CCT S.L.C.

fail to have their lease renewed for any reason 1

other than breach of the lease or good cause, as 2

defined by the jurisdiction in which the multi-3

family building is located. 4

(C) REGULATORY AGREEMENTS; SALE.— 5

Any requirement under this paragraph or bind-6

ing commitment required under this paragraph 7

with respect to a multifamily building shall be 8

set forth in a regulatory agreement entered into 9

by the owner of the multifamily building and 10

the State administering the rebate program 11

under this title. Such regulatory agreement 12

shall contain appropriate subordination provi-13

sions that allow for reasonable purchaser fi-14

nancing, shall be recorded, and shall apply not-15

withstanding any change in ownership of the 16

building. 17

(D) TENANT NOTIFICATION.—To provide 18

rebates with respect to multifamily buildings in 19

accordance with this section, a State shall de-20

velop and carry out a specific and verifiable 21

mechanism for providing tenants of multifamily 22

buildings for which such rebates are provided 23

with written notice of their rights and their 24

61

ELT21402 CCT S.L.C.

landlord’s obligations pursuant to this para-1

graph. 2

(E) ENFORCEMENT.— 3

(i) PARTNERING WITH HFAS.—States 4

receiving grants to carry out rebate pro-5

grams under this title are encouraged to 6

partner with housing finance agencies to 7

monitor compliance with and enforce the 8

requirements under this paragraph, includ-9

ing developing and providing to owners of 10

multifamily buildings with respect to which 11

rebates are provided a standard regulatory 12

agreement and lease addendum that sets 13

forth the restrictions and requirements 14

under this paragraph. 15

(ii) PENALTIES FOR NONCOMPLI-16

ANCE.—To provide rebates with respect to 17

multifamily buildings in accordance with 18

this section, a State shall— 19

(I) establish and carry out a 20

compliance procedure for the require-21

ments of this paragraph that provides 22

specific response and resolution dead-23

lines and utilizes standard and trans-24

62

ELT21402 CCT S.L.C.

parent criteria to resolve alleged viola-1

tions; 2

(II) establish penalties that are 3

sufficient, in the determination of 4

such State, to deter violations of the 5

requirements of this paragraph and 6

the agreements entered into pursuant 7

to this paragraph; and 8

(III) provide that tenants of mul-9

tifamily buildings may bring an civil 10

action to enforce the lease require-11

ments under this paragraph and pur-12

sue restitution for violations of the ap-13

plicable regulatory agreement, and 14

provide that in such an action such 15

tenants may recover damages and at-16

torney’s fees. 17

(4) FEDERAL RENTAL ASSISTANCE DEFINED.— 18

In this subsection, the term ‘‘Federal rental assist-19

ance’’ means, with respect to a multifamily building, 20

project-based assistance provided to the owner of the 21

multifamily building pursuant to— 22

(A) section 202 of the Housing Act of 23

1959 (12 U.S.C. 17012); 24

63

ELT21402 CCT S.L.C.

(B) section 811 of the Cranston-Gonzalez 1

National Affordable Housing Act (42 U.S.C. 2

8013); 3

(C) section 8 of the United States Housing 4

Act of 1937 (42 U.S.C. 1437f); or 5

(D) section 538 of the Housing Act of 6

1949 (42 U.S.C. 1490). 7

SEC. 207. COORDINATION OF REBATE AND EXISTING 8

STATE-SPONSORED OR UTILITY-SPONSORED 9

PROGRAMS. 10

A State that receives a grant under this title is en-11

couraged to work with State agencies, electric utilities, gas 12

utilities, nonprofits, and other entities— 13

(1) to assist in marketing the availability of the 14

rebates under the applicable State program; 15

(2) to coordinate with utility or State managed 16

financing programs; 17

(3) to assist in implementation of the applicable 18

State program, including installation of energy effi-19

ciency retrofits; and 20

(4) to coordinate with existing quality assur-21

ance programs. 22

64

ELT21402 CCT S.L.C.

SEC. 208. CONSUMER ACCESS TO ELECTRIC ENERGY AND 1

NATURAL GAS INFORMATION. 2

(a) ELIGIBILITY FOR STATE ENERGY PLANS.—Sec-3

tion 362(d) of the Energy Policy and Conservation Act 4

(42 U.S.C. 6322(d)) is amended— 5

(1) in paragraph (16), by striking ‘‘and’’ after 6

the semicolon at the end; 7

(2) by redesignating paragraph (17) as para-8

graph (18); and 9

(3) by inserting after paragraph (16) the fol-10

lowing: 11

‘‘(17) programs— 12

‘‘(A) to enhance consumer access to and 13

understanding of electric energy and natural 14

gas usage and cost information, including con-15

sumers’ own residential and commercial retail 16

electric energy information (as defined in sec-17

tion 2 of the HOPE for HOMES Act of 2021) 18

and retail natural gas information (as defined 19

in section 2 of the HOPE for HOMES Act of 20

2021); and 21

‘‘(B) to facilitate the development and 22

adoption of innovative products and services to 23

assist consumers in managing energy consump-24

tion and expenditures; and’’. 25

65

ELT21402 CCT S.L.C.

(b) GUIDELINES FOR ELECTRIC CONSUMER AND GAS 1

CONSUMER ACCESS.— 2

(1) IN GENERAL.—Not later than 180 days 3

after the date of enactment of this Act and subject 4

to paragraph (2), the Secretary shall issue guidelines 5

that establish model data sharing standards and 6

policies for States to provide electric consumers and 7

gas consumers, and third-party designees of such 8

electric consumers and gas consumers, with access 9

to retail electric energy information and retail nat-10

ural gas information. 11

(2) CONSULTATION.—Before issuing the guide-12

lines under paragraph (1), the Secretary shall— 13

(A) consult with— 14

(i) State and local regulatory authori-15

ties; 16

(ii) other appropriate Federal agen-17

cies, including the National Institute of 18

Standards and Technology; 19

(iii) consumer and privacy advocacy 20

groups; 21

(iv) electric utilities and gas utilities; 22

(v) the National Association of State 23

Energy Officials; and 24

66

ELT21402 CCT S.L.C.

(vi) other appropriate entities, includ-1

ing groups representing public utility com-2

missions, commercial and residential build-3

ing owners, residential contractors, and 4

groups that represent demand response 5

and electricity data devices and services; 6

and 7

(B) provide notice and opportunity for 8

comment. 9

(3) STATE AND LOCAL REGULATORY ACTION.— 10

In issuing the guidelines under paragraph (1), the 11

Secretary shall, to the maximum extent practicable, 12

be guided by actions taken by State and local regu-13

latory authorities to ensure electric consumer and 14

gas consumer access to retail electric energy infor-15

mation and retail natural gas information, including 16

actions taken after consideration of the standard es-17

tablished under section 111(d)(19) of the Public 18

Utility Regulatory Policies Act of 1978 (16 U.S.C. 19

2621(d)(19)). 20

(4) CONTENTS.—The guidelines issued under 21

paragraph (1) shall include guidelines— 22

(A) specifying that retail electric energy in-23

formation and retail natural gas information of 24

an electric consumer or a gas consumer should 25

67

ELT21402 CCT S.L.C.

be made available to the electric consumer or 1

gas consumer (or a third-party designee of the 2

electric consumer or gas consumer) by the elec-3

tric utility or gas utility of the electric con-4

sumer or gas consumer (or such other entity as 5

may be designated by the utility), in consulta-6

tion with, or with approval from, as applicable, 7

the utility’s applicable retail regulatory author-8

ity; 9

(B) regarding the timeliness and specificity 10

of retail electric energy information and retail 11

natural gas information to be made available to 12

an electric consumer or a gas consumer (or a 13

third-party designee of such an electric con-14

sumer or such a gas consumer), including that 15

such retail electric energy information and re-16

tail natural gas information should be made 17

available to consumer-authorized entities— 18

(i) in an electronic machine readable 19

form, without additional charge, in con-20

formity with nationally recognized open 21

standards and best practices; 22

(ii) through a website or other elec-23

tronic access authorized by the electric 24

68

ELT21402 CCT S.L.C.

consumer or gas consumer, including at 1

least 13 months of historical information; 2

(iii) in as close to real-time as is rea-3

sonably practicable; 4

(iv) at the level of specificity that the 5

data is transmitted by the meter or as is 6

reasonably practicable; and 7

(v) in a manner that provides ade-8

quate protections for the security of the in-9

formation and the privacy of the electric 10

consumer or gas consumer; 11

(C) regarding appropriate nationally recog-12

nized open standards for data exchange; 13

(D) regarding access of retail electric en-14

ergy information and retail natural gas infor-15

mation for owners and managers of multitenant 16

commercial and residential buildings; 17

(E) regarding consumer consent require-18

ments such that an electric consumer or gas 19

consumer can conveniently and securely author-20

ize a third-party designee access to the retail 21

electric energy information or retail natural gas 22

information of such electric consumer or gas 23

consumer, including standardized authorization 24

language to which an electric consumer or gas 25

69

ELT21402 CCT S.L.C.

consumer will agree prior to such electric con-1

sumer or gas consumer authorizing, or the ap-2

plicable electric utility or gas utility sharing, re-3

tail electric energy information or retail natural 4

gas information of such electric consumer or 5

gas consumer; 6

(F) specifying that electric utilities and gas 7

utilities should, when a capable meter is serv-8

icing an electric consumer or gas consumer, 9

communicate usage and other information to a 10

device or network of the electric consumer or 11

gas consumer or a device or network of a third- 12

party designee of such electric consumer or gas 13

consumer, and where feasible should provide to 14

the electric consumer or gas consumer or third- 15

party designee, at a minimum, access to usage 16

information (not including price information) of 17

the electric consumer or gas consumer directly 18

from the meter in as close to real-time as is 19

reasonably practicable; 20

(G) with respect to the terms and condi-21

tions, which shall be reasonable and non-dis-22

criminatory, to be agreed to by a third-party 23

designee of an electric consumer or of a gas 24

consumer and an electric utility or gas utility 25

70

ELT21402 CCT S.L.C.

for access to the retail electric energy informa-1

tion or retail natural gas information of such 2

electric consumer or gas consumer, including 3

that— 4

(i) due process be afforded to such 5

third-party by the applicable regulatory au-6

thority, including giving such third-party 7

an opportunity to rebut allegations of 8

wrongdoing by such third-party prior to 9

any enforcement action being taken by the 10

applicable regulatory authority; 11

(ii) the consumer’s online authentica-12

tion match that used by the applicable gas 13

utility or electric utility for the consumer- 14

facing website of such gas utility or electric 15

utility; and 16

(iii) such third-party may receive re-17

tail electric energy information and retail 18

natural gas information from an electric 19

utility or gas utility with consumer con-20

sent, except if otherwise prohibited by Fed-21

eral law or by a finding of a State court 22

or other State adjudicatory body; and 23

(H) addressing appropriate circumstances 24

in which analysis of retail electric energy infor-25

71

ELT21402 CCT S.L.C.

mation and retail natural gas information may 1

be released publicly, without a consumer’s con-2

sent, by protecting individual consumers pri-3

vacy, including— 4

(i) with mathematical methods known 5

as differential privacy, in which consumers 6

privacy can be ensured with provable guar-7

antees; and 8

(ii) detailed descriptions and sample 9

calculations by which the results of statis-10

tical analysis can be made differentially 11

private. 12

(5) REVISIONS.—The Secretary shall periodi-13

cally review and, as necessary, revise the guidelines 14

issued under paragraph (1) to reflect changes in 15

technology, privacy needs, and the market for elec-16

tric energy and natural gas and related services. 17

SEC. 209. EVALUATION REPORTS TO CONGRESS. 18

(a) IN GENERAL.—Not later than 3 years after the 19

date of enactment of this Act and annually thereafter until 20

the termination of the Home Energy Savings Retrofit Re-21

bate Program, the Secretary shall submit to Congress a 22

report on the use of funds made available to carry out 23

this title. 24

72

ELT21402 CCT S.L.C.

(b) CONTENTS.—Each report submitted under sub-1

section (a) shall include— 2

(1) how many home energy efficiency retrofits 3

and multifamily building energy efficiency retrofits 4

have been completed during the previous year under 5

the Home Energy Savings Retrofit Rebate Program; 6

(2) an estimate of how many jobs have been 7

created through the Home Energy Savings Retrofit 8

Rebate Program, directly and indirectly; 9

(3) a description of what steps could be taken 10

to promote further deployment of energy efficiency 11

and renewable energy retrofits; 12

(4) a description of the quantity of verifiable 13

energy savings, homeowner energy bill savings, and 14

other benefits of the Home Energy Savings Retrofit 15

Rebate Program; 16

(5) a description of any waste, fraud, or abuse 17

with respect to funds made available to carry out 18

this title; and 19

(6) any other information the Secretary con-20

siders appropriate. 21

SEC. 210. ADMINISTRATION. 22

(a) IN GENERAL.—The Secretary shall provide such 23

administrative and technical support to contractors, 24

73

ELT21402 CCT S.L.C.

aggregators, States, and Indian Tribes as is necessary to 1

carry out this title. 2

(b) INFORMATION COLLECTION.—The Secretary 3

shall establish, and make available to a homeowner, multi-4

family building owner, or the homeowner’s or multifamily 5

building owner’s designated representative, seeking a re-6

bate under this title, release forms authorizing, in accord-7

ance with guidelines issued under section 208(b), access 8

by the Secretary, or a designated third-party representa-9

tive to information in the utility bills of the homeowner 10

or the multifamily building owner. 11

SEC. 211. TREATMENT OF REBATES. 12

For purposes of the Internal Revenue Code of 1986, 13

gross income shall not include any rebate received under 14

this title. 15

SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 16

(a) IN GENERAL.—There are authorized to be appro-17

priated to the Secretary to carry out this title 18

$1,400,000,000 for each of fiscal years 2022 through 19

2027, to remain available until expended. 20

(b) TRIBAL ALLOCATION.—Of the amounts made 21

available pursuant to subsection (a) for a fiscal year, the 22

Secretary shall work with Indian Tribes and use 2 percent 23

of such amounts to carry out a program or programs that 24

as close as possible reflect the goals, requirements, and 25

74

ELT21402 CCT S.L.C.

provisions of this title, taking into account any factors 1

that the Secretary determines to be appropriate. 2

TITLE III—GENERAL 3

PROVISIONS 4

SEC. 301. APPOINTMENT OF PERSONNEL. 5

Notwithstanding the provisions of title 5, United 6

States Code, regarding appointments in the competitive 7

service and General Schedule classifications and pay rates, 8

the Secretary may appoint such professional and adminis-9

trative personnel as the Secretary considers necessary to 10

carry out this Act. 11

SEC. 302. MAINTENANCE OF FUNDING. 12

Each State receiving Federal funds pursuant to this 13

Act shall provide reasonable assurances to the Secretary 14

that it has established policies and procedures designed 15

to ensure that Federal funds provided under this Act will 16

be used to supplement, and not to supplant, State and 17

local funds. 18

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TH ST CONGRESS SESSION S. ll - Chris Van Hollen

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