II 

111TH CONGRESS 

1ST SESSION S. 1092 

To establish a program to provide loans for use in carrying out residential, 

commercial, industrial, and transportation energy efficiency and renewable generation projects. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2009 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To establish a program to provide loans for use in carrying 

out residential, commercial, industrial, and transportation energy efficiency and renewable generation 

projects. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reenergize America 

5 Loan Program Act of 2009’’. 

6 SEC. 2. REENERGIZE AMERICA LOAN PROGRAM. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) FUND.—The term ‘‘Fund’’ means the Re2 energize America Loan Program Fund established 

3 by subsection (g). 

4 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

5 has the meaning given the term in section 4 of the 

6 Indian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 450b). 

8 (3) PROGRAM.—The term ‘‘Program’’ means 

9 the Green America Loan Program established by 

10 subsection (b). 

11 (4) QUALIFIED PERSON.—The term ‘‘qualified 

12 person’’ means an individual or entity that is deter13 mined to be capable of meeting all terms and condi14 tions of a loan provided under this section based on 

15 the criteria and procedures approved by the Sec16 retary in a plan submitted under subsection (d). 

17 (5) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Energy. 

19 (6) STATE.—The term ‘‘State’’ means— 

20 (A) a State; 

21 (B) the District of Columbia; 

22 (C) the Commonwealth of Puerto Rico; 

23 (D) any other territory or possession of the 

24 United States; and 

25 (E) an Indian tribe. 


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1 (b) ESTABLISHMENT.—There is established within 

2 the Department of Energy a revolving loan program to 

3 be known as the ‘‘Reenergize America Loan Program’’. 

4 (c) ALLOCATIONS TO STATES.— 

5 (1) IN GENERAL.—In carrying out the Pro6 gram, the Secretary shall allocate funds to States 

7 for use in providing zero-interest loans to qualified 

8 persons to carry out residential, commercial, indus9 trial, and transportation energy efficiency and re10 newable generation projects contained in State en11 ergy conservation plans submitted and approved 

12 under sections 362 and 363 of the Energy Policy 

13 and Conservation Act (42 U.S.C. 6322, 6323), re14 spectively. 

15 (2) ADMINISTRATIVE EXPENSES.—A State that 

16 receives an allocation of funds under this subsection 

17 may impose on each qualified person that receives a 

18 loan from the allocated funds of the State adminis19 trative fees to cover the costs incurred by the State 

20 in administering the loan. 

21 (3) REPAYMENT AND RETURN OF PRINCIPAL.— 

22 Return of principal from loans provided by a State 

23 may be retained by the State for the purpose of 

24 making additional loans pursuant to— 


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1 (A) a plan approved by the Secretary 

2 under subsection (d); and 

3 (B) such terms and conditions as the Sec4 retary considers appropriate to ensure the fi5 nancial integrity of the Program. 

6 (d) APPLICATION.—A State that seeks to receive an 

7 allocation under this section shall— 

8 (1) submit to the Secretary for review and ap9 proval a 5-year plan for the administration and dis10 tribution by the State of funds from the allocation, 

11 including a description of criteria that the State will 

12 use to determine the qualifications of potential bor13 rowers for loans made from the allocated funds; 

14 (2) agree to submit to annual audits with re15 spect to any allocated funds received and distributed 

16 by the State; and 

17 (3) reapply for a subsequent allocation at the 

18 end of the 5-year period covered by the plan. 

19 (e) ALLOCATION.—In approving plans submitted by 

20 the States under subsection (d) and allocating funds 

21 among States under this section, the Secretary shall con22 sider— 

23 (1) the likely energy savings and renewable en24 ergy potential of the plans; 

25 (2) regional energy needs; and 


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1 (3) the equitable distribution of funds among 

2 regions of the United States. 

3 (f) MAXIMUM AMOUNT; TERM.—A loan provided by 

4 a State using funds allocated under this section shall be— 

5 (1) in an amount not to exceed $5,000,000; and 

6 (2) for a term of not to exceed 4 years. 

7 (g) REENERGIZE AMERICA LOAN PROGRAM FUND.— 

8 (1) ESTABLISHMENT.—There is established in 

9 the Treasury of the United States a revolving fund, 

10 to be known as the ‘‘Reenergize America Loan Pro11 gram Fund’’, consisting of such amounts as are 

12 transferred to the Fund under paragraph (2). 

13 (2) TRANSFERS TO FUND.—From any Federal 

14 royalties, rents, and bonuses derived from Federal 

15 onshore and offshore oil, gas, coal, or alternative en16 ergy leases issued under the Outer Continental Shelf 

17 Lands Act (43 U.S.C. 1331 et seq.) or the Mineral 

18 Leasing Act (30 U.S.C. 181 et seq.) that are depos19 ited in the Treasury, and after distribution of any 

20 funds described in paragraph (3), there shall be 

21 transferred to the Fund $1,000,000,000 for each of 

22 fiscal years 2010 through 2020. 

23 (3) PRIOR DISTRIBUTIONS.—The distributions 

24 referred to in paragraph (2) are those required by 

25 law— 


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1 (A) to States and to the Reclamation Fund 

2 under the Mineral Leasing Act (30 U.S.C. 

3 191(a)); and 

4 (B) to other funds receiving amounts from 

5 Federal oil and gas leasing programs, includ6 ing— 

7 (i) any recipients pursuant to section 

8 8(g) of the Outer Continental Shelf Lands 

9 Act (43 U.S.C. 1337(g)); 

10 (ii) the Land and Water Conservation 

11 Fund, pursuant to section 2(c) of the Land 

12 and Water Conservation Fund Act of 1965 

13 (16 U.S.C. 460l–5(c)); 

14 (iii) the Historic Preservation Fund, 

15 pursuant to section 108 of the National 

16 Historic Preservation Act (16 U.S.C. 

17 470h); and 

18 (iv) the coastal impact assistance pro19 gram established under section 31 of the 

20 Outer Continental Shelf Lands Act (43 

21 U.S.C. 1356a). 

22 (4) EXPENDITURES FROM FUND.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), on request by the Secretary, the 

25 Secretary of the Treasury shall transfer from 


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1 the Fund to the Secretary such amounts as the 

2 Secretary determines to be necessary to provide 

3 allocations to States under subsection (c). 

4 (B) ADMINISTRATIVE EXPENSES.—An 

5 amount not exceeding 5 percent of the amounts 

6 in the Fund shall be available for each fiscal 

7 year to pay the administrative expenses nec8 essary to carry out this subsection. 

9 (5) TRANSFERS OF AMOUNTS.— 

10 (A) IN GENERAL.—The amounts required 

11 to be transferred to the Fund under this sub12 section shall be transferred at least monthly 

13 from the general fund of the Treasury to the 

14 Fund on the basis of estimates made by the 

15 Secretary of the Treasury. 

16 (B) ADJUSTMENTS.—Proper adjustment 

17 shall be made in amounts subsequently trans18 ferred to the extent prior estimates were in ex19 cess of or less than the amounts required to be 

20 transferred. 

21 (h) FUNDING.—Notwithstanding any other provision 

22 of law, for each of fiscal years 2010 through 2020, the 

23 Secretary shall use to carry out the Program such 

24 amounts as are available in the Fund. 

Æ 


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