### §15821. Energy efficient appliance rebate programs

#### (a) Definitions

In this section:

#### (1) Eligible State

The term "eligible State" means a State that meets the requirements of subsection (b).

#### (2) Energy Star program

The term "Energy Star program" means the program established by section 6294a of this title.

#### (3) Residential Energy Star product

The term "residential Energy Star product" means a product for a residence that is rated for energy efficiency under the Energy Star program.

#### (4) State energy office

The term "State energy office" means the State agency responsible for developing State energy conservation plans under section 6322 of this title.

#### (5) State program

The term "State program" means a State energy efficient appliance rebate program described in subsection (b)(1).

#### (b) Eligible States

A State shall be eligible to receive an allocation under subsection (c) if the State—

(1) establishes (or has established) a State energy efficient appliance rebate program to provide rebates to residential consumers for the purchase of residential Energy Star products, or products with improved energy efficiency in cold climates, to replace used appliances of the same type;

(2) submits an application for the allocation at such time, in such form, and containing such information as the Secretary may require; and

(3) provides assurances satisfactory to the Secretary that the State will use the allocation to supplement, but not supplant, funds made available to carry out the State program.

#### (c) Amount of allocations

#### (1) In general

Subject to paragraph (2), for each fiscal year, the Secretary shall allocate to the State energy office of each eligible State to carry out subsection (d) an amount equal to the product obtained by multiplying the amount made available under subsection (f) for the fiscal year by the ratio that the population of the State in the most recent calendar year for which data are available bears to the total population of all eligible States in that calendar year.

#### (2) Minimum allocations

For each fiscal year, the amounts allocated under this subsection shall be adjusted proportionately so that no eligible State is allocated a sum that is less than an amount determined by the Secretary.

#### (d) Use of allocated funds

The allocation to a State energy office under subsection (c) may be used to pay up to 50 percent of the cost of establishing and carrying out a State program.

#### (e) Issuance of rebates

Rebates may be provided to residential consumers that meet the requirements of the State program. The amount of a rebate shall be determined by the State energy office, taking into consideration—

(1) the amount of the allocation to the State energy office under subsection (c);

(2) the amount of any Federal or State tax incentive available for the purchase of the residential Energy Star product or product with improved energy efficiency in a cold climate; and

(3) the difference between the cost of the residential Energy Star product or product with improved energy efficiency in a cold climate and the cost of an appliance that is not a residential Energy Star product or product with improved energy efficiency in a cold climate, but is of the same type as, and is the nearest capacity, performance, and other relevant characteristics (as determined by the State energy office) to, the residential Energy Star product or product with improved energy efficiency in a cold climate.

#### (f) Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of the fiscal years 2006 through 2010.

(Pub. L. 109–58, title I, §124, Aug. 8, 2005, 119 Stat. 617; Pub. L. 110–140, title III, §315(b), Dec. 19, 2007, 121 Stat. 1572.)

#### **Editorial Notes**

#### Amendments

2007—Subsec. (b)(1). Pub. L. 110–140, §315(b)(1), inserted ", or products with improved energy efficiency in cold climates," after "residential Energy Star products".

Subsec. (e)(2), (3). Pub. L. 110–140, §315(b)(2), inserted "or product with improved energy efficiency in a cold climate" after "residential Energy Star product" wherever appearing.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.