II 

111TH CONGRESS 

2D SESSION S. 3079 

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 SENATE OF THE UNITED STATES 

MARCH 4, 2010 

Mr. MERKLEY (for himself, Mr. PRYOR, Mr. BROWN of Ohio, Ms. STABENOW, 

Mr. SANDERS, and Mr. CARDIN) introduced the following bill; which was 

read twice and referred to the Committee on Energy and Natural Resources 

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. 

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 ‘‘Building Star Energy 

5 Efficiency Act of 2010’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ASHRAE.—The term ‘‘ASHRAE’’ means 

4 the American Society of Heating, Refrigerating and 

5 Air-Conditioning Engineers. 

6 (2) BUILDING ENVELOPE INSULATION.—The 

7 term ‘‘building envelope insulation’’ means thermal 

8 insulation for a building envelope (other than a low 

9 slope roof), as defined in ASHRAE Standard 90.1– 

10 2007 or 2009 IECC, as appropriate. 

11 (3) CHILLER TONNAGE DOWNSIZING.—The 

12 term ‘‘chiller tonnage downsizing’’ means the quan13 tity by which the tonnage rating of a replaced chiller 

14 exceeds the tonnage rating of a qualified replace15 ment chiller. 

16 (4) CLIMATE ZONE.—The term ‘‘climate zone’’ 

17 means a climate zone specified in ASHRAE Stand18 ard 90.1–2007. 

19 (5) COMMERCIAL BUILDING.— 

20 (A) IN GENERAL.—The term ‘‘commercial 

21 building’’ means a building that— 

22 (i) is located in the United States; 

23 and 

24 (ii) was in existence on December 31, 

25 2009. 


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1 (B) EXCLUSIONS.—The term ‘‘commercial 

2 building’’ does not include— 

3 (i) a federally owned building; or 

4 (ii) a residential building. 

5 (6) DUCT.—The term ‘‘duct’’ means HVAC 

6 ducts with respect to which pressure testing has 

7 been performed and, if necessary, leakage remedi8 ated, in accordance with sections 503.2.7.1.2 and 

9 503.2.7.1.3 of the 2009 IECC. 

10 (7) DUCT INSULATION.—The term ‘‘duct insu11 lation’’ means thermal insulation of a HVAC duct. 

12 (8) HVAC.—The term ‘‘HVAC’’ means heat13 ing, ventilation, and air conditioning. 

14 (9) IECC.—The term ‘‘IECC’’ means the 

15 International Energy Conservation Code. 

16 (10) MECHANICAL INSULATION.—The term 

17 ‘‘mechanical insulation’’ means thermal insulation 

18 installed, in accordance with applicable Federal, 

19 State, and local law, on mechanical piping and me20 chanical equipment. 

21 (11) MULTIFAMILY RESIDENTIAL BUILDING.— 

22 (A) IN GENERAL.—The term ‘‘multifamily 

23 residential building’’ means a structure of 5 or 

24 more dwelling units that— 


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1 (i) is located in the United States; 

2 and 

3 (ii) was in existence on December 31, 

4 2009. 

5 (B) EXCLUSION.—The term ‘‘multifamily 

6 residential building’’ does not include a feder7 ally owned building. 

8 (12) NFRC.—The term ‘‘NFRC’’ means the 

9 National Fenestration Rating Council. 

10 (13) PROGRAM.—The term ‘‘program’’ means 

11 the Building Star Energy Efficiency Rebate Pro12 gram of 2010 established under section 3. 

13 (14) QUALIFIED BOILER.—The term ‘‘qualified 

14 boiler’’ means a new natural gas-fired, oil-fired, or 

15 wood or wood pellet boiler that— 

16 (A) has a capacity of not less than 

17 300,000, and not more than 5,000,000, Btu per 

18 hour; 

19 (B) replaces an operational boiler in a 

20 commercial building or multifamily residential 

21 building; and 

22 (C) meets or exceeds— 

23 (i) in the case of a natural gas-fired 

24 boiler, 90 percent thermal efficiency; 


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1 (ii) in the case of an oil-fired boiler, 

2 85 percent thermal efficiency; and 

3 (iii) in the case of a wood or wood pel4 let boiler, 75 percent thermal efficiency. 

5 (15) QUALIFIED BUILDING ENVELOPE INSULA6 TION.—The term ‘‘qualified building envelope insula7 tion’’ means the installation or repair of building en8 velope insulation to meet or exceed ASHRAE Stand9 ard 90.1–2007 or 2009 IECC in a commercial build10 ing or multifamily residential building. 

11 (16) QUALIFIED ENERGY AUDIT.—The term 

12 ‘‘qualified energy audit’’ means an ASHRAE Level 

13 II energy audit or equivalent of a commercial build14 ing or multifamily residential building that is de15 signed to identify all cost-effective energy efficiency 

16 measures. 

17 (17) QUALIFIED ENERGY-EFFICIENT BUILDING

18 OPERATION AND MAINTENANCE TRAINING.—The 

19 term ‘‘qualified energy-efficient building operation 

20 and maintenance training’’ means— 

21 (A) the training of a superintendent or op22 erator of a commercial building or multifamily 

23 residential building; and 

24 (B) resultant— 


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1 (i) Level 1 or Level 2 Building Oper2 ator Certification for commercial building 

3 operators; or 

4 (ii) certification as a Multifamily 

5 Building Operator by the Building Per6 formance Institute for residential building 

7 operators. 

8 (18) QUALIFIED ENERGY MONITORING AND

9 MANAGEMENT SYSTEM.—The term ‘‘qualified energy 

10 monitoring and management system’’ means a sys11 tem that— 

12 (A) is installed in a commercial building or 

13 multifamily residential building; 

14 (B) uses a combination of computers, com15 puter software, control equipment, and instru16 mentation to monitor and manage or submeter 

17 the energy use of a building, such as heating, 

18 ventilation, air conditioning, and lighting; 

19 (C) provides reporting of information to 

20 the building owner or operator to enable refine21 ment of building operation and energy usage; 

22 and 

23 (D) is covered by a service contract with a 

24 duration of not less than 1 year for system 

25 monitoring or maintenance, including all mainVerDate Nov 24 2008 04:24 Mar 05, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3079.IS S3079

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1 tenance recommended by the equipment manu2 facturer. 

3 (19) QUALIFIED EXTERIOR LIGHTING.—The 

4 term ‘‘qualified exterior lighting’’ means exterior 

5 lighting that— 

6 (A) replaces operational exterior lighting at 

7 a commercial building or multifamily residential 

8 building; and 

9 (B) achieves a reduction of 20 percent or 

10 more in annual energy use as compared to the 

11 lighting that was replaced, as determined in ac12 cordance with section 3(c)(7)(B). 

13 (20) QUALIFIED FURNACE.—The term ‘‘quali14 fied furnace’’ means a new natural gas furnace or a 

15 wood or wood pellet furnace that— 

16 (A) replaces an operational furnace in a 

17 commercial building or multifamily residential 

18 building; 

19 (B) in the case of natural gas, meets or ex20 ceeds 90 percent thermal efficiency; and 

21 (C) in the case of a wood or wood pellet 

22 furnace, meets or exceeds 75 percent thermal 

23 efficiency. 

24 (21) QUALIFIED HIGH-EFFICIENCY WINDOW

25 FILMS AND SCREENS.—The term ‘‘qualified high-efVerDate Nov 24 2008 04:24 Mar 05, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3079.IS S3079

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1 ficiency window films and screens’’ means window 

2 films and screens that— 

3 (A) are permanently affixed to windows or 

4 window frames in a commercial building or 

5 multifamily residential building; 

6 (B) have a Luminous Efficacy (which is 

7 Visible Light Transmittance, as certified to 

8 NRFC standards divided by SHGC) of 1.1 or 

9 greater; and 

10 (C) have a SHGC that meets or is better 

11 than the applicable requirements of the fol12 lowing 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. 

13 (22) QUALIFIED HVAC TESTING, BALANCING, 

14 AND DUCT SEALING.—The term ‘‘qualified HVAC 

15 testing, balancing, and duct sealing’’ means work 

16 performed in a commercial building or multifamily 

17 residential building by individuals with an ANSI-ac18 credited certification in HVAC testing— 

19 (A) to pressure-test HVAC ducts; 

20 (B) to balance air flow; and 

21 (C) to identify all leaking ducts and reme22 diate the leakage to the appropriate leakage 


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1 class, in accordance with sections 503.2.7.1.2 

2 and 503.2.7.1.3 of the 2009 IECC. 

3 (23) QUALIFIED INTERIOR LIGHTING.—The 

4 term ‘‘qualified interior lighting’’ means new interior 

5 lighting that— 

6 (A) replaces operational interior lighting in 

7 a commercial building or multifamily residential 

8 building; and 

9 (B) achieves an installed power reduction 

10 of 25 percent or more as compared to the in11 stalled power of the lighting that was replaced, 

12 as determined in accordance with section 

13 3(c)(6)(B). 

14 (24) QUALIFIED LOW SLOPE ROOF INSULA15 TION.—The term ‘‘qualified low slope roof insula16 tion’’ means a retrofit that— 

17 (A) adds new insulation to a roof on a 

18 commercial building or multifamily residential 

19 building if the roof insulation is entirely above 

20 deck, as defined in ASHRAE Standard 90.1– 

21 2007 or 2009 IECC; and 

22 (B) meets or exceeds the R-values for the 

23 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. 


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1 (25) QUALIFIED MECHANICAL INSULATION.— 

2 The term ‘‘qualified mechanical insulation’’ means 

3 the installation or repair of mechanical or duct insu4 lation to meet or exceed ASHRAE Standard 90.1– 

5 2007 or 2009 IECC in a commercial building or 

6 multifamily residential building. 

7 (26) QUALIFIED REPLACEMENT CHILLER.—The 

8 term ‘‘qualified replacement chiller’’ means a water9 cooled chiller that— 

10 (A) is certified to meet efficiency standards 

11 effective on January 1, 2010, as defined in 

12 table 6.8.1c in Addendum M to Standard 90.1– 

13 2007 of ASHRAE; and 

14 (B) replaces a chiller that— 

15 (i) was installed before January 1, 

16 1993; 

17 (ii) uses chlorofluorocarbon refrig18 erant; and 

19 (iii) until replaced by a new chiller, 

20 has remained in operation and used for 

21 cooling a commercial building. 

22 (27) QUALIFIED RETRO COMMISSIONING

23 STUDY.—The term ‘‘qualified retro commissioning 

24 study’’ means a commissioning study of building en25 ergy systems that is— 


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1 (A) conducted consistent with the guide2 lines in the Retro Commissioning Guide for 

3 Building Owners prepared for— 

4 (i) the Environmental Protection 

5 Agency; or 

6 (ii) the document entitled ‘‘California 

7 Commissioning Guide: Existing Buildings’’ 

8 published by the California Commissioning 

9 Collaborative; and 

10 (B) performed by a service provider with— 

11 (i) an ASHRAE Commissioning Proc12 ess Management Professional certification; 

13 or 

14 (ii) a Building Commissioning Asso15 ciation Certified Commissioning Profes16 sional certification. 

17 (28) QUALIFIED SERVICE ON COOLING SYS18 TEMS.— 

19 (A) IN GENERAL.—The term ‘‘qualified 

20 service on cooling systems’’ means periodic 

21 maintenance service on a central air conditioner 

22 that— 

23 (i) is located in a commercial building 

24 or multifamily residential building; and 


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1 (ii) has a capacity of not less than 2 

2 tons. 

3 (B) INCLUSIONS.—The term ‘‘qualified 

4 service on cooling systems’’ includes— 

5 (i) a cleaning of a condenser coil; 

6 (ii) a check of system pressure; 

7 (iii) an inspection and replacement of 

8 a filter; 

9 (iv) an inspection and replacement of 

10 a belt; 

11 (v) an inspection and repair of an 

12 economizer; 

13 (vi) an inspection of a contractor; 

14 (vii) an inspection of an evaporator; 

15 (viii) an evaluation of a compressor 

16 ampere draw; 

17 (ix) an evaluation of supply motor 

18 amp draw; 

19 (x) an evaluation of a condenser fan 

20 amp draw; 

21 (xi) an evaluation of liquid line tem22 perature; 

23 (xii) an evaluation of suction pressure 

24 and temperature; 


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1 (xiii) an evaluation of oil level and 

2 pressure; 

3 (xiv) an inspection of low pressure 

4 controls and high pressure controls; 

5 (xv) an evaluation of crankcase heater 

6 operation; 

7 (xvi) a cleaning of chiller condenser 

8 tubes; 

9 (xvii) a cleaning of chiller evaporator 

10 tubes; or 

11 (xviii) a check, and if necessary, cor12 rection of a refrigerant charge and system 

13 airflow to conform to manufacturer speci14 fications. 

15 (29) QUALIFIED SERVICE ON SPACE HEATING

16 EQUIPMENT.— 

17 (A) IN GENERAL.—The term ‘‘qualified 

18 service on space heating equipment’’ means the 

19 periodic maintenance service on a boiler, unit 

20 heaters make-up air unit, heat pump, furnace, 

21 or industrial space heating equipment with 

22 forced or induced draft combustion that is lo23 cated in a commercial or multifamily residential 

24 building. 


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1 (B) INCLUSIONS.—The term ‘‘qualified 

2 service on space heating equipment’’ includes— 

3 (i) cleaning all heat exchange surfaces 

4 and checking and calibrating all system 

5 controls; and 

6 (ii) combustion efficiency tests and 

7 stack temperature measurements con8 ducted before and after the service. 

9 (30) QUALIFIED UNITARY AIR CONDITIONER.— 

10 The term ‘‘qualified unitary air conditioner’’ means 

11 a new 3 phase unitary air conditioner that— 

12 (A) replaces an operational air conditioner 

13 or heat pump in a commercial building or mul14 tifamily residential building; and 

15 (B) meets or exceeds Consortium for En16 ergy Efficiency Tier 1 efficiency standards as in 

17 effect on January 1, 2010. 

18 (31) QUALIFIED UNITARY HEAT PUMP.—The 

19 term ‘‘qualified unitary heat pump’’ means a new 3 

20 phase unitary heat pump that— 

21 (A) replaces an operational air conditioner 

22 or heat pump in a commercial building or mul23 tifamily residential building; and 


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1 (B) meets or exceeds Consortium for En2 ergy Efficiency Tier 1 level of efficiency as in 

3 effect on January 1, 2010. 

4 (32) QUALIFIED VARIABLE SPEED DRIVE.—The 

5 term ‘‘qualified variable speed drive’’ means a new 

6 electronic variable speed drive that— 

7 (A) is added to an operational motor in 

8 a— 

9 (i) chilled water pump; 

10 (ii) cooling tower fan; 

11 (iii) fume hood exhaust or makeup 

12 fan; 

13 (iv) hot water pump; 

14 (v) exhaust fan; 

15 (vi) chiller compressor; or 

16 (vii) supply, return, or exhaust fan on 

17 a variable-air volume unit that is located in 

18 a commercial building or multifamily resi19 dential building and operates not less than 

20 2,000 hours annually; 

21 (B) is controlled automatically by a build22 ing automation system, process control system, 

23 or local controller driven by differential pres24 sure, flow, temperature, or another variable sig25 nal; and 


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1 (C) incorporates a series reactor for power 

2 factor correction. 

3 (33) QUALIFIED WATER HEATER.—The term 

4 ‘‘qualified water heater’’ means a new natural gas or 

5 electric storage water heater with a capacity of 

6 75,000 Btu/hour or greater, or a tankless water 

7 heater with a capacity of 200,000 Btu/hour or great8 er, that replaces an operational water heater in a 

9 commercial building or multifamily residential build10 ing and meets or exceeds— 

11 (A) in the case of a natural gas water 

12 heater, 90 percent thermal efficiency; 

13 (B) in the case of an electric water heat14 er— 

15 (i) a 2.5 Coefficient of Performance; 

16 or 

17 (ii) a 2.0 Energy Factor; and 

18 (C) in the case of a wood or wood pellet 

19 water heater, 75 percent thermal efficiency. 

20 (34) SECRETARY.—The term ‘‘Secretary’’ 

21 means the Secretary of Energy. 

22 (35) SHGC.—The term ‘‘SHGC’’ means the 

23 Solar Heat Gain Coefficient. 


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1 (36) TIER 1 QUALIFIED WINDOW.—The term 

2 ‘‘tier 1 qualified window’’ means a new window 

3 that— 

4 (A) replaces an existing window in a com5 mercial building or multifamily residential 

6 building; and 

7 (B) meets or is better than— 

8 (i) the applicable U-factor and SHGC 

9 requirements (both certified to NFRC 

10 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 

11 ; and 

12 (ii) in the case of a window with im13 pact-rated glazing in climate zone 1, a U14 factor of 1.20. 

15 (37) TIER 2 QUALIFIED WINDOW.—The term 

16 ‘‘tier 2 qualified window’’ means a new window 

17 that— 

18 (A) replaces an existing window in a com19 mercial building or multifamily residential 

20 building; and 

21 (B) meets or is better than— 


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1 (i) the applicable U-factor and SHGC 

2 requirements (both certified to NFRC 

3 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 

4 ; and 

5 (ii) in the case of a window with im6 pact-rated glazing in climate zone 1, a U7 factor of 1.20. 

8 SEC. 3. BUILDING STAR PROGRAM. 

9 (a) ESTABLISHMENT.—There is established in the 

10 Department of Energy a program to be known as the 

11 ‘‘Building Star Energy Efficiency Rebate Program of 

12 2010’’ under which the Secretary, in accordance with this 

13 section, shall issue rebates to building owners to offset a 

14 portion of the cost of purchasing and installing qualifying 

15 equipment or materials or undertaking qualifying services 

16 to enhance the energy efficiency of existing commercial 

17 buildings and multifamily residential buildings. 

18 (b) REBATES FOR BUILDING ENVELOPE ENERGY

19 EFFICIENCY MEASURES.—Rebates for the purchase and 

20 installation of qualifying insulation, windows, and quali21 fied high-efficiency window films and screens in commer22 cial or multifamily residential buildings shall be available 

23 in the following amounts: 


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1 (1) BUILDING ENVELOPE INSULATION.—For 

2 qualified building envelope insulation, a rebate of 

3 $0.60 per square foot of insulated area. 

4 (2) LOW SLOPE ROOFING INSULATION.—For 

5 qualified low slope roofing insulation, a rebate of 

6 $0.80 per square foot of insulated roof area over 

7 conditioned space. 

8 (3) MECHANICAL INSULATION.—For qualified 

9 mechanical insulation, rebates shall be the amounts 

10 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. 

11 (4) WINDOWS.— 

12 (A) TIER 1 QUALIFIED WINDOWS.—For 

13 Tier 1 qualified windows, a rebate of $150 per 

14 window. 

15 (B) TIER 2 QUALIFIED WINDOWS.—For 

16 Tier 2 qualified windows, a rebate of $300 per 

17 window. 

18 (5) HIGH-EFFICIENCY WINDOW FILMS AND

19 SCREENS.—For qualified high-efficiency window 

20 films and screens, a rebate of $1.00 per square foot 


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1 of treated glass enclosing a mechanically conditioned 

2 space. 

3 (c) REBATES FOR ELIGIBLE EQUIPMENT INSTALLA4 TION.—Rebates for the purchase and installation of quali5 fying new energy efficient equipment in commercial build6 ings or multifamily residential buildings shall be available 

7 in the following amounts: 

8 (1) BOILERS.—For qualified boilers, rebates 

9 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 ................... $ll per thousand Btu per hour capacity. 

10 (2) FURNACES.—For qualified furnaces, re11 bates of $5 per thousand Btu per hour of capacity. 

12 (3) WATER HEATERS.—For qualified water 

13 heaters, rebates shall be the amounts specified in the 

14 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 ........ $ll per thousand Btu per hour capacity. 

15 (4) UNITARY AIR CONDITIONERS AND HEAT

16 PUMPS.—For qualified unitary air conditioners and 


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1 qualified unitary heat pumps, rebates shall be the 

2 amounts specified in the following table: 

Efficiency Level Rebate 

Consortium on Energy Efficiency Tier 

1 efficiency standards (as in effect 

on January 1, 2010).

$100 per ton cooling capacity 

Consortium of Energy Efficiency Tier 

2 efficiency standards (as in effect 

on January 1, 2010).

$200 per ton cooling capacity. 

3 (5) VARIABLE SPEED DRIVES FOR MOTORS.— 

4 For qualified variable speed drives, rebates shall be 

5 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 (6) INTERIOR LIGHTING.— 

7 (A) IN GENERAL.—For qualified interior 

8 lighting, subject to subparagraphs (B) and (C), 

9 rebates based on reduced lighting power shall 

10 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. 

11 (B) CALCULATION.—Reductions in in12 stalled lighting power resulting from installation 

13 of qualified interior lighting shall be calculated 

14 by determining the difference between— 


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1 (i) the product obtained by multi2 plying— 

3 (I) the quantity of installed 

4 power (kW) for existing interior light5 ing; and 

6 (II) the applicable control factor; 

7 and 

8 (ii) the product obtained by multi9 plying— 

10 (I) the quantity of installed 

11 power (kW) of the replacement inte12 rior lighting system; and 

13 (II) the applicable control factor. 

14 (C) CONTROL FACTORS.—For purposes of 

15 subparagraph (B), control factors for installed 

16 lighting controls shall be— 

17 (i) for manual dimming controls, 0.9; 

18 (ii) for occupancy sensors, 0.9; 

19 (iii) for programmable multilevel dim20 ming controls, 0.9; 

21 (iv) for programmable multilevel dim22 ming controls with programmable time 

23 scheduling, 0.85; and 

24 (v) for daylight dimming controls, 

25 0.75. 


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1 (7) EXTERIOR LIGHTING.— 

2 (A) IN GENERAL.—For qualified exterior 

3 lighting, subject to subparagraphs (B) and (C), 

4 rebates based on reduced energy usage shall be 

5 the amounts specified in the following table: 

20 % or greater reduction in calculated annual energy 

usage 

$0.40 per kWh reduction in calculated 

annual energy usage 

40% or greater reduction in calculated annual energy 

usage 

$1.00 per kWh reduction in calculated 

annual energy 

usage. 

6 (B) CALCULATION.—Reductions in annual 

7 energy usage resulting from installation of 

8 qualified exterior lighting shall be calculated by 

9 determining the difference between— 

10 (i) the product obtained by multi11 plying— 

12 (I) the quantity of installed 

13 power (kW) for existing exterior light14 ing; 

15 (II) 4,000 operating hours per 

16 year; and 

17 (III) the applicable control fac18 tor; and 

19 (ii) the product obtained by multi20 plying— 


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1 (I) the quantity of installed 

2 power (kW) of the replacement exte3 rior lighting system; 

4 (II) 4,000 operating hours per 

5 year; and 

6 (III) the applicable control fac7 tor. 

8 (C) CONTROL FACTORS.—For purposes of 

9 subparagraph (B), control factors for installed 

10 lighting controls shall be— 

11 (i) for 7-day time controls (with a 

12 provision for holiday schedule) if lighting is 

13 switched off a minimum of 4 hours per 

14 night, 0.75; 

15 (ii) for motion sensors if lighting 

16 power is reduced by at least 40 percent 

17 after no activity has been detected for at 

18 least 20 minutes, 0.75; and 

19 (iii) for remote monitoring and multi20 level lighting controls, 0.60. 

21 (8) QUALIFIED REPLACEMENT CHILLERS.— 

22 (A) IN GENERAL.—For qualified replace23 ment chillers, rebates shall be the sum of— 

24 (i) the product obtained by multi25 plying— 


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1 (I) $150; and 

2 (II) the tonnage rating of the re3 placed chiller; and 

4 (ii) if all chilled water distribution 

5 pumps connected to the qualified replace6 ment chiller include variable frequency 

7 drives, the product obtained by multi8 plying— 

9 (I) $100; and 

10 (II) any chiller tonnage 

11 downsizing. 

12 (B) AUDITS.—As a condition of receiving a 

13 rebate for a qualified replacement chiller, an 

14 audit with requirements determined by the Sec15 retary (not later than 45 days after the date of 

16 enactment of this Act) shall be performed on a 

17 building prior to installation of the qualified re18 placement chiller that identifies cost-effective 

19 energy-saving measures, particularly measures 

20 that could contribute to chiller tonnage 

21 downsizing. 

22 (d) REBATES FOR ELIGIBLE ENERGY EFFICIENCY

23 SERVICES.—Rebates for qualifying services to enhance the 

24 energy efficiency of commercial or multifamily residential 

25 buildings shall be available in the following amounts: 


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1 (1) ENERGY AUDIT AND RETRO COMMISSIONING

2 STUDY.— 

3 (A) IN GENERAL.—For qualified energy 

4 audits or qualified retro commissioning studies, 

5 subject to subparagraph (B), a rebate equal to 

6 the lesser of— 

7 (i) $0.05 per square foot of audited or 

8 commissioned building space; or 

9 (ii) 50 percent of the cost of the audit 

10 or study. 

11 (B) AVOIDANCE OF DUPLICATION.—Re12 bates shall not be made for energy audits and 

13 retro commissioning studies under subpara14 graph (A) for the same building. 

15 (2) ENERGY-EFFICIENT BUILDING OPERATIONS

16 AND MAINTENANCE TRAINING.—For qualified en17 ergy-efficient building operation and maintenance 

18 training, a rebate of $2,000 per individual trained 

19 and certified. 

20 (3) SERVICE ON SPACE HEATING EQUIP21 MENT.—For qualified service on space heating 

22 equipment, a rebate of $100 per unit serviced. 

23 (4) SERVICE ON COOLING SYSTEMS.—For 

24 qualified service on cooling systems, a rebate equal 

25 to the lesser of— 


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1 (A) $2 per ton of nameplate capacity of 

2 the serviced cooling system; and 

3 (B) 50 percent of the total service cost. 

4 (5) ENERGY MONITORING AND MANAGEMENT

5 SYSTEMS.— 

6 (A) INSTALLATION.—For qualified energy 

7 monitoring and management systems installed 

8 in a commercial building or multifamily residen9 tial building that have analog controls (pneu10 matic or electronic), or if no control system ex11 ists, a rebate equal to the lesser of— 

12 (i) $0.45 per square foot of building 

13 space covered by the qualified energy mon14 itoring and management system; or 

15 (ii) 50 percent of the total installation 

16 and commissioning costs. 

17 (B) UPGRADING.—For upgrading an exist18 ing energy monitoring and management system 

19 in a commercial building or multifamily residen20 tial building to add submetering to all major in21 dividual loads, such as heating, ventilation, air 

22 conditioning, and lighting, a rebate equal to the 

23 lesser of— 


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1 (i) $0.15 per square foot of building 

2 space covered by the energy management 

3 system, or 

4 (ii) 50 percent of the total installation 

5 cost. 

6 (6) HVAC TESTING, BALANCING, AND DUCT

7 SEALING.—For qualified HVAC testing, balancing, 

8 and duct sealing, a rebate of $0.75 per square foot 

9 of duct surface tested, balanced, and if necessary, 

10 sealed. 

11 (e) ADMINISTRATION.— 

12 (1) ELIGIBILITY PERIOD.—A rebate issued 

13 under the program shall be provided only in connec14 tion with qualifying equipment installations or serv15 ices provided during the period beginning on the 

16 date of enactment of this Act and ending on Decem17 ber 31, 2011. 

18 (2) COMBINATION WITH OTHER INCENTIVES.— 

19 The availability or use of a Federal, State, local, 

20 utility, or other incentive for any qualifying equip21 ment installation or service shall not affect eligibility 

22 for rebates under the program. 

23 (3) ADDITIONAL FEES.—A dealer, equipment 

24 installer, or service provider may not charge a per25 son purchasing goods or services any additional fees 


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1 associated with applying for a rebate under the pro2 gram. 

3 (4) LIMITATION ON TOTAL REBATES ISSUED.— 

4 The total value of rebates issued under the program 

5 may not exceed the amounts made available for the 

6 program. 

7 (5) MAXIMUM REBATE.—The amount of any re8 bate paid to an applicant for any qualified measure 

9 under this section shall be the lesser of— 

10 (A) the amount determined under sub11 section (b), (c), or (d); or 

(B) 1 12 ⁄2 of the cost actually incurred by the 

13 applicant building owner to complete the meas14 ure that is eligible for the rebate. 

15 (f) IMPLEMENTATION.—Notwithstanding section 553 

16 of title 5, United States Code, not later than 30 days after 

17 the date of enactment of this Act, the Secretary shall, in 

18 consultation with the Secretary of the Treasury, establish 

19 rules and procedures to implement the program, including 

20 rules and procedures for— 

21 (1) building owners or designees to submit ap22 plications (including forms) that— 

23 (A) specify the proposed measures that 

24 qualify for a rebate and the total rebate re25 quested; and 


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1 (B) require that the work be completed by 

2 licensed contractors or service providers in com3 pliance with all applicable Federal, State and 

4 local building codes and standards; 

5 (2) the Secretary— 

6 (A) to consider applications; and 

7 (B) to the extent that the Secretary deter8 mines that proposed measures will qualify for 

9 rebates under this section if undertaken and 

10 that there are sufficient uncommitted funds to 

11 carry out the program, to issue confirmations to 

12 applicants that rebates will be made if proposed 

13 measures are completed; 

14 (3) an applicant— 

15 (A) to certify, following completion of the 

16 measures identified in the application, that the 

17 measures undertaken qualify for rebate under 

18 this section; and 

19 (B) to complete the measures described in 

20 the application, and submit a certification, not 

21 later than— 

22 (i) 180 days after the date of receipt 

23 of a confirmation; or 


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1 (ii) in the case of a qualified replace2 ment chiller, 360 days after the date of re3 ceipt of a confirmation; 

4 (4) appropriate verification by the Secretary of 

5 eligibility for a rebate prior to payment; 

6 (5) verification and payment of rebates by elec7 tronic transfer of funds or other means that ensure 

8 that the payment occurs not later than 30 days after 

9 the date of submission of certification that measures 

10 described in the application have been completed; 

11 (6) certification by the installer, as part of the 

12 certification under paragraph (3), that any refrig13 erants, toxic materials, and other hazards have been 

14 removed and disposed of in accordance with all ap15 plicable Federal, State, and local laws; 

16 (7) field inspections by the Federal Government 

17 of at least 10 percent of the projects for which re18 bates are received under the program; and 

19 (8) compliance monitoring and enforcement. 

20 (g) CIVIL PENALTIES.— 

21 (1) IN GENERAL.—Any person who knowingly 

22 makes a false or misleading statement in an applica23 tion or certification under this section shall be liable 

24 to the United States for a civil penalty in an amount 

25 equal to not more than the higher of— 


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1 (A) $15,000 for each violation; or 

2 (B) the amount that is equal to 3 times 

3 the value of any associated rebate received 

4 under this section. 

5 (2) ADMINISTRATION.—In carrying out this 

6 subsection, the Secretary— 

7 (A) may assess and compromise penalties 

8 described in paragraph (1); 

9 (B) may require from any entity the 

10 records and inspections necessary to carry out 

11 the program; and 

12 (C) shall consider the severity of the viola13 tion and the intent and history of the person 

14 committing a violation in determining the 

15 amount of a penalty. 

16 (h) INFORMATION TO BUILDING OWNERS, SERVICE

17 PROVIDERS, AND EQUIPMENT INSTALLERS.— 

18 (1) IN GENERAL.—Not later than 30 days after 

19 the date of enactment of this Act, the Secretary 

20 shall make available on an Internet website and 

21 through other means determined by the Secretary, 

22 information about the program, including informa23 tion on— 

24 (A) how to determine whether particular 

25 efficiency measures are eligible for a rebate; 


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1 (B) how to participate in the program, in2 cluding how to apply for rebates; and 

3 (C) the equipment and services meeting 

4 the requirements of the program. 

5 (2) UPDATING.—The Secretary shall update, as 

6 appropriate, the information required under para7 graph (1). 

8 (i) REPORT TO CONGRESS.—Not later than 60 days 

9 after the termination date described in subsection (e)(1), 

10 the Secretary shall submit to the Committee on Energy 

11 and Commerce of the House of Representatives and the 

12 Committee on Energy and Natural Resources of the Sen13 ate a report describing the efficacy of the program, includ14 ing— 

15 (1) a description of program results, includ16 ing— 

17 (A) the total number and value of rebates 

18 issued for installation of new energy efficient 

19 equipment by category of equipment; 

20 (B) the total number and value of rebates 

21 issued for services rendered by category of serv22 ice; and 

23 (C) the geographic distribution of activities 

24 for which rebates were issued; 


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1 (2) an estimate of the overall increase in energy 

2 efficiency as a result of the program, expressed in 

3 terms of percentage improvement by— 

4 (A) type of equipment; 

5 (B) total annual energy savings; and 

6 (C) total annual greenhouse gas reduc7 tions; and 

8 (3) an estimate of the overall jobs created and 

9 economic growth achieved as a result of the pro10 gram. 

11 SEC. 4. STATE-BASED FINANCING ASSISTANCE FOR COM12 MERCIAL BUILDING RETROFITS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) BUILDING STAR ENERGY RETROFIT PRO15 GRAM.—The term ‘‘Building Star energy retrofit 

16 program’’ means the Building Star energy retrofit 

17 program established under section 3. 

18 (2) ELIGIBLE PARTICIPANT.—The term ‘‘eligi19 ble participant’’ means a building owner, apartment 

20 complex owner, residential cooperative association, 

21 or condominium association that— 

22 (A) meets the eligibility requirements es23 tablished by a qualified loan program delivery 

24 entity designated by the building owner; and 


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1 (B) receives financial assistance from the 

2 qualified loan program delivery entity to carry 

3 out energy efficiency or renewable energy im4 provements to an existing building in accord5 ance with the Building Star energy retrofit pro6 gram established under section 3. 

7 (3) PROGRAM.—The term ‘‘program’’ means 

8 the Building Star Energy Efficiency Loan Program 

9 established under subsection (b). 

10 (4) QUALIFIED LOAN PROGRAM MECHANISM.— 

11 The term ‘‘qualified loan program mechanism’’ 

12 means a loan program that is— 

13 (A) administered by a qualified program 

14 delivery entity; and 

15 (B) principally funded— 

16 (i) by funds provided by or overseen 

17 by a State; or 

18 (ii) through the energy loan program 

19 of the Federal National Mortgage Associa20 tion. 

21 (5) QUALIFIED PROGRAM DELIVERY ENTITY.— 

22 The term ‘‘qualified program delivery entity’’ means 

23 a State, political subdivision of a State, tribal gov24 ernment, energy utility, natural gas utility, nonprofit 

25 or community-based organization, energy service 


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1 company, retailer, or any other qualified entity 

2 that— 

3 (A) meets the eligibility requirements of 

4 this section; and 

5 (B) is approved by the State that admin6 isters the program in the State. 

7 (b) ESTABLISHMENT.—The Secretary shall establish 

8 a Building Star Energy Efficiency Loan Program under 

9 which the Secretary shall make grants to States to support 

10 financial assistance provided by qualified program delivery 

11 entities for making, to existing buildings, energy efficiency 

12 and renewable energy improvements that qualify under the 

13 Building Star energy retrofit program. 

14 (c) ELIGIBILITY OF QUALIFIED PROGRAM DELIVERY

15 ENTITIES.—To be eligible to participate in the program, 

16 a qualified program delivery entity shall— 

17 (1) offer a financing product under which eligi18 ble participants may pay over time for the cost to 

19 the eligible participant (after all applicable Federal, 

20 State, local, and other rebates or incentives are ap21 plied) of making improvements described in section 

22 3; 

23 (2) require all financed improvements to be per24 formed by contractors in a manner that meets minVerDate Nov 24 2008 04:24 Mar 05, 2010 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S3079.IS S3079

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1 imum standards that are at least as stringent as the 

2 standards established under section 3; and 

3 (3) establish standard underwriting criteria to 

4 determine the eligibility of program applicants, 

5 which criteria shall be consistent with commercially 

6 recognized best practices applicable to the form of fi7 nancial assistance being provided (as determined by 

8 the designated entity administering the program in 

9 the State). 

10 (d) ALLOCATION.—In making funds available to 

11 States for each fiscal year under this section, the Sec12 retary shall use the formula used to allocate funds to 

13 States to carry out State energy conservation plans estab14 lished under part D of title III of the Energy Policy and 

15 Conservation Act (42 U.S.C. 6321 et seq.). 

16 (e) QUALIFIED PROGRAM DELIVERY ENTITIES.—Be17 fore making a grant to a State under this section, the Sec18 retary shall require the Governor of the State to provide 

19 to the Secretary a letter of assurance that the State— 

20 (1) has 1 or more qualified program delivery 

21 entities that meet the requirements of this section; 

22 (2) has established a qualified loan program 

23 mechanism that— 


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1 (A) includes a methodology to ensure cred2 ible energy savings or renewable energy genera3 tion; 

4 (B) incorporates an effective repayment 

5 mechanism, which may include— 

6 (i) on-utility-bill repayment; 

7 (ii) tax assessment or other form of 

8 property assessment financing; 

9 (iii) municipal service charges; 

10 (iv) energy or energy efficiency serv11 ices contracts; 

12 (v) energy efficiency power purchase 

13 agreements; or 

14 (vi) alternative contractual repayment 

15 mechanisms that have been demonstrated 

16 to have appropriate risk mitigation fea17 tures; and 

18 (3) will provide, in a timely manner, all infor19 mation regarding the administration of the program 

20 as the Secretary may require to permit the Secretary 

21 to meet the reporting requirements of subsection (h). 

22 (f) USE OF GRANT FUNDS.—Grant funds made 

23 available to States under the program may be used to sup24 port financing products offered by qualified program deliv25 ery entities to eligible participants, by providing—— 


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1 (1) interest rate reductions; 

2 (2) loan loss reserves or other forms of credit 

3 enhancement; 

4 (3) revolving loan funds from which qualified 

5 program delivery entities may offer direct loans; or 

6 (4) other debt instruments or financial products 

7 necessary— 

8 (A) to maximize leverage provided through 

9 available funds; and 

10 (B) to support widespread deployment of 

11 energy efficiency and renewable energy finance 

12 programs. 

13 (g) USE OF REPAYMENT FUNDS.—In the case of a 

14 revolving loan fund established by a State described in 

15 subsection (f)(3), a qualified program delivery entity may 

16 use funds repaid by eligible participants under the pro17 gram to provide financial assistance for additional eligible 

18 participants to make improvements described in sub19 section (b) in a manner that is consistent with this section 

20 or other such criteria as are prescribed by the State. 

21 (h) PROGRAM EVALUATION.—Not later than 180 

22 days after the date of enactment of this Act, the Secretary 

23 shall submit to Congress a program evaluation that de24 scribes— 


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1 (1) how many eligible participants have partici2 pated in the program; 

3 (2) how many jobs have been created through 

4 the program, directly and indirectly; 

5 (3) what steps could be taken to promote fur6 ther deployment of energy efficiency and renewable 

7 energy retrofits; 

8 (4) the quantity of verifiable energy savings, re9 newable energy deployment, homeowner energy bill 

10 savings, and other benefits of the program; and 

11 (5) the performance of the programs carried 

12 out by qualified program delivery entities under this 

13 section, including information on the rate of default 

14 and repayment. 

15 SEC. 5. FEDERAL FINANCING ASSISTANCE FOR COMMER16 CIAL BUILDING RETROFITS. 

17 (a) IN GENERAL.—Section 1705(a) of the Energy 

18 Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by 

19 adding at the end the following: 

20 ‘‘(4) Energy efficiency projects, including 

21 projects to retrofit residential, commercial, and in22 dustrial buildings, facilities, and equipment, includ23 ing financing programs that finance the retrofitting 

24 of residential, commercial, and industrial buildings, 

25 facilities, and equipment.’’. 


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1 (b) CREDIT SUPPORT FOR FINANCING PROGRAMS.— 

2 Section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 

3 16516) is amended— 

4 (1) by redesignating subsection (e) as sub5 section (f); and 

6 (2) by inserting after subsection (d) the fol7 lowing: 

8 ‘‘(e) CREDIT SUPPORT FOR FINANCING PRO9 GRAMS.— 

10 ‘‘(1) IN GENERAL.—In the case of programs 

11 that finance the retrofitting of residential, commer12 cial, and industrial buildings, facilities, and equip13 ment described in subsection (a)(4), the Secretary 

14 may— 

15 ‘‘(A) offer loan guarantees for portfolios of 

16 debt obligations; and 

17 ‘‘(B) purchase or make commitments to 

18 purchase portfolios of debt obligations. 

19 ‘‘(2) TERM.—Notwithstanding section 1702(f), 

20 the term of any debt obligation that receives credit 

21 support under this subsection shall require full re22 payment over a period not to exceed the lesser of— 

23 ‘‘(A) 30 years; and 

24 ‘‘(B) the projected weighted average useful 

25 life of the measure or system financed by the 


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1 debt obligation or portfolio of debt obligations 

2 (as determined by the Secretary). 

3 ‘‘(3) UNDERWRITING.—The Secretary may— 

4 ‘‘(A) delegate underwriting responsibility 

5 for portfolios of debt obligations under the sub6 section to financial institutions that meet quali7 fications determined by the Secretary; and 

8 ‘‘(B) determine an appropriate percentage 

9 of loans in a portfolio to review in order to con10 firm sound underwriting. 

11 ‘‘(4) ADMINISTRATION.—Subsections (c) and 

12 (d)(3) of section 1702 shall not apply to loan guar13 antees made under this subsection.’’. 

14 (c) TERMINATION OF EFFECTIVENESS.—The author15 ity provided by this section and the amendments made by 

16 this section terminates effective on the date that is 2 years 

17 after the date of enactment of this Act. 

18 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated to the Sec20 retary to carry out this Act and the amendments made 

21 by this Act $6,000,000,000 for the period of fiscal years 

22 2010 and 2011, to remain available until expended, of 

23 which— 

24 (1) not less than $600,000,000 or 10 percent of 

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1 ever is less) shall be used to carry out the financing 

2 program established under section 4; and 

3 (2) not more than $360,000,000 or 6 percent 

4 of the amount made available for a fiscal year 

5 (whichever is less) shall be used to administer this 

6 Act and the amendments made by this Act. 

Æ 


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