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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3079 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building Star Energy Efficiency Act 
of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) ASHRAE.--The term ``ASHRAE'' means the American Society 
        of Heating, Refrigerating and Air-Conditioning Engineers.
            (2) Building envelope insulation.--The term ``building 
        envelope insulation'' means thermal insulation for a building 
        envelope (other than a low slope roof), as defined in ASHRAE 
        Standard 90.1-2007 or 2009 IECC, as appropriate.
            (3) Chiller tonnage downsizing.--The term ``chiller tonnage 
        downsizing'' means the quantity by which the tonnage rating of 
        a replaced chiller exceeds the tonnage rating of a qualified 
        replacement chiller.
            (4) Climate zone.--The term ``climate zone'' means a 
        climate zone specified in ASHRAE Standard 90.1-2007.
            (5) Commercial building.--
                    (A) In general.--The term ``commercial building'' 
                means a building that--
                            (i) is located in the United States; and
                            (ii) was in existence on December 31, 2009.
                    (B) Exclusions.--The term ``commercial building'' 
                does not include--
                            (i) a federally owned building; or
                            (ii) a residential building.
            (6) Duct.--The term ``duct'' means HVAC ducts with respect 
        to which pressure testing has been performed and, if necessary, 
        leakage remediated, in accordance with sections 503.2.7.1.2 and 
        503.2.7.1.3 of the 2009 IECC.
            (7) Duct insulation.--The term ``duct insulation'' means 
        thermal insulation of a HVAC duct.
            (8) HVAC.--The term ``HVAC'' means heating, ventilation, 
        and air conditioning.
            (9) IECC.--The term ``IECC'' means the International Energy 
        Conservation Code.
            (10) Mechanical insulation.--The term ``mechanical 
        insulation'' means thermal insulation installed, in accordance 
        with applicable Federal, State, and local law, on mechanical 
        piping and mechanical equipment.
            (11) Multifamily residential building.--
                    (A) In general.--The term ``multifamily residential 
                building'' means a structure of 5 or more dwelling 
                units that--
                            (i) is located in the United States; and
                            (ii) was in existence on December 31, 2009.
                    (B) Exclusion.--The term ``multifamily residential 
                building'' does not include a federally owned building.
            (12) NFRC.--The term ``NFRC'' means the National 
        Fenestration Rating Council.
            (13) Program.--The term ``program'' means the Building Star 
        Energy Efficiency Rebate Program of 2010 established under 
        section 3.
            (14) Qualified boiler.--The term ``qualified boiler'' means 
        a new natural gas-fired, oil-fired, or wood or wood pellet 
        boiler that--
                    (A) has a capacity of not less than 300,000, and 
                not more than 5,000,000, Btu per hour;
                    (B) replaces an operational boiler in a commercial 
                building or multifamily residential building; and
                    (C) meets or exceeds--
                            (i) in the case of a natural gas-fired 
                        boiler, 90 percent thermal efficiency;
                            (ii) in the case of an oil-fired boiler, 85 
                        percent thermal efficiency; and
                            (iii) in the case of a wood or wood pellet 
                        boiler, 75 percent thermal efficiency.
            (15) Qualified building envelope insulation.--The term 
        ``qualified building envelope insulation'' means the 
        installation or repair of building envelope insulation to meet 
        or exceed ASHRAE Standard 90.1-2007 or 2009 IECC in a 
        commercial building or multifamily residential building.
            (16) Qualified energy audit.--The term ``qualified energy 
        audit'' means an ASHRAE Level II energy audit or equivalent of 
        a commercial building or multifamily residential building that 
        is designed to identify all cost-effective energy efficiency 
        measures.
            (17) Qualified energy-efficient building operation and 
        maintenance training.--The term ``qualified energy-efficient 
        building operation and maintenance training'' means--
                    (A) the training of a superintendent or operator of 
                a commercial building or multifamily residential 
                building; and
                    (B) resultant--
                            (i) Level 1 or Level 2 Building Operator 
                        Certification for commercial building 
                        operators; or
                            (ii) certification as a Multifamily 
                        Building Operator by the Building Performance 
                        Institute for residential building operators.
            (18) Qualified energy monitoring and management system.--
        The term ``qualified energy monitoring and management system'' 
        means a system that--
                    (A) is installed in a commercial building or 
                multifamily residential building;
                    (B) uses a combination of computers, computer 
                software, control equipment, and instrumentation to 
                monitor and manage or submeter the energy use of a 
                building, such as heating, ventilation, air 
                conditioning, and lighting;
                    (C) provides reporting of information to the 
                building owner or operator to enable refinement of 
                building operation and energy usage; and
                    (D) is covered by a service contract with a 
                duration of not less than 1 year for system monitoring 
                or maintenance, including all maintenance recommended 
                by the equipment manufacturer.
            (19) Qualified exterior lighting.--The term ``qualified 
        exterior lighting'' means exterior lighting that--
                    (A) replaces operational exterior lighting at a 
                commercial building or multifamily residential 
                building; and
                    (B) achieves a reduction of 20 percent or more in 
                annual energy use as compared to the lighting that was 
                replaced, as determined in accordance with section 
                3(c)(7)(B).
            (20) Qualified furnace.--The term ``qualified furnace'' 
        means a new natural gas furnace or a wood or wood pellet 
        furnace that--
                    (A) replaces an operational furnace in a commercial 
                building or multifamily residential building;
                    (B) in the case of natural gas, meets or exceeds 90 
                percent thermal efficiency; and
                    (C) in the case of a wood or wood pellet furnace, 
                meets or exceeds 75 percent thermal efficiency.
            (21) Qualified high-efficiency window films and screens.--
        The term ``qualified high-efficiency window films and screens'' 
        means window films and screens that--
                    (A) are permanently affixed to windows or window 
                frames in a commercial building or multifamily 
                residential building;
                    (B) have a Luminous Efficacy (which is Visible 
                Light Transmittance, as certified to NRFC standards 
                divided by SHGC) of 1.1 or greater; and
                    (C) have a SHGC that meets or is better than the 
                applicable requirements of the following table (as 
                certified to NFRC standards):

----------------------------------------------------------------------------------------------------------------
              Climate Zones                  1        2        3        4        5        6        7        8
----------------------------------------------------------------------------------------------------------------
SHGC....................................      .25      .25      .25      .40      .40      .40      .45     .45.
----------------------------------------------------------------------------------------------------------------

            (22) Qualified hvac testing, balancing, and duct sealing.--
        The term ``qualified HVAC testing, balancing, and duct 
        sealing'' means work performed in a commercial building or 
        multifamily residential building by individuals with an ANSI-
        accredited certification in HVAC testing--
                    (A) to pressure-test HVAC ducts;
                    (B) to balance air flow; and
                    (C) to identify all leaking ducts and remediate the 
                leakage to the appropriate leakage class, in accordance 
                with sections 503.2.7.1.2 and 503.2.7.1.3 of the 2009 
                IECC.
            (23) Qualified interior lighting.--The term ``qualified 
        interior lighting'' means new interior lighting that--
                    (A) replaces operational interior lighting in a 
                commercial building or multifamily residential 
                building; and
                    (B) achieves an installed power reduction of 25 
                percent or more as compared to the installed power of 
                the lighting that was replaced, as determined in 
                accordance with section 3(c)(6)(B).
            (24) Qualified low slope roof insulation.--The term 
        ``qualified low slope roof insulation'' means a retrofit that--
                    (A) adds new insulation to a roof on a commercial 
                building or multifamily residential building if the 
                roof insulation is entirely above deck, as defined in 
                ASHRAE Standard 90.1-2007 or 2009 IECC; and
                    (B) meets or exceeds the R-values for the 
                applicable climate zone in the following table:

----------------------------------------------------------------------------------------------------------------
              Climate Zones                  1        2        3        4        5        6        7        8
----------------------------------------------------------------------------------------------------------------
R-Value.................................       20       25       25       25       25       30       35      35.
----------------------------------------------------------------------------------------------------------------

            (25) Qualified mechanical insulation.--The term ``qualified 
        mechanical insulation'' means the installation or repair of 
        mechanical or duct insulation to meet or exceed ASHRAE Standard 
        90.1-2007 or 2009 IECC in a commercial building or multifamily 
        residential building.
            (26) Qualified replacement chiller.--The term ``qualified 
        replacement chiller'' means a water-cooled chiller that--
                    (A) is certified to meet efficiency standards 
                effective on January 1, 2010, as defined in table 
                6.8.1c in Addendum M to Standard 90.1-2007 of ASHRAE; 
                and
                    (B) replaces a chiller that--
                            (i) was installed before January 1, 1993;
                            (ii) uses chlorofluorocarbon refrigerant; 
                        and
                            (iii) until replaced by a new chiller, has 
                        remained in operation and used for cooling a 
                        commercial building.
            (27) Qualified retro commissioning study.--The term 
        ``qualified retro commissioning study'' means a commissioning 
        study of building energy systems that is--
                    (A) conducted consistent with the guidelines in the 
                Retro Commissioning Guide for Building Owners prepared 
                for--
                            (i) the Environmental Protection Agency; or
                            (ii) the document entitled ``California 
                        Commissioning Guide: Existing Buildings'' 
                        published by the California Commissioning 
                        Collaborative; and
                    (B) performed by a service provider with--
                            (i) an ASHRAE Commissioning Process 
                        Management Professional certification; or
                            (ii) a Building Commissioning Association 
                        Certified Commissioning Professional 
                        certification.
            (28) Qualified service on cooling systems.--
                    (A) In general.--The term ``qualified service on 
                cooling systems'' means periodic maintenance service on 
                a central air conditioner that--
                            (i) is located in a commercial building or 
                        multifamily residential building; and
                            (ii) has a capacity of not less than 2 
                        tons.
                    (B) Inclusions.--The term ``qualified service on 
                cooling systems'' includes--
                            (i) a cleaning of a condenser coil;
                            (ii) a check of system pressure;
                            (iii) an inspection and replacement of a 
                        filter;
                            (iv) an inspection and replacement of a 
                        belt;
                            (v) an inspection and repair of an 
                        economizer;
                            (vi) an inspection of a contractor;
                            (vii) an inspection of an evaporator;
                            (viii) an evaluation of a compressor ampere 
                        draw;
                            (ix) an evaluation of supply motor amp 
                        draw;
                            (x) an evaluation of a condenser fan amp 
                        draw;
                            (xi) an evaluation of liquid line 
                        temperature;
                            (xii) an evaluation of suction pressure and 
                        temperature;
                            (xiii) an evaluation of oil level and 
                        pressure;
                            (xiv) an inspection of low pressure 
                        controls and high pressure controls;
                            (xv) an evaluation of crankcase heater 
                        operation;
                            (xvi) a cleaning of chiller condenser 
                        tubes;
                            (xvii) a cleaning of chiller evaporator 
                        tubes; or
                            (xviii) a check, and if necessary, 
                        correction of a refrigerant charge and system 
                        airflow to conform to manufacturer 
                        specifications.
            (29) Qualified service on space heating equipment.--
                    (A) In general.--The term ``qualified service on 
                space heating equipment'' means the periodic 
                maintenance service on a boiler, unit heaters make-up 
                air unit, heat pump, furnace, or industrial space 
                heating equipment with forced or induced draft 
                combustion that is located in a commercial or 
                multifamily residential building.
                    (B) Inclusions.--The term ``qualified service on 
                space heating equipment'' includes--
                            (i) cleaning all heat exchange surfaces and 
                        checking and calibrating all system controls; 
                        and
                            (ii) combustion efficiency tests and stack 
                        temperature measurements conducted before and 
                        after the service.
            (30) Qualified unitary air conditioner.--The term 
        ``qualified unitary air conditioner'' means a new 3 phase 
        unitary air conditioner that--
                    (A) replaces an operational air conditioner or heat 
                pump in a commercial building or multifamily 
                residential building; and
                    (B) meets or exceeds Consortium for Energy 
                Efficiency Tier 1 efficiency standards as in effect on 
                January 1, 2010.
            (31) Qualified unitary heat pump.--The term ``qualified 
        unitary heat pump'' means a new 3 phase unitary heat pump 
        that--
                    (A) replaces an operational air conditioner or heat 
                pump in a commercial building or multifamily 
                residential building; and
                    (B) meets or exceeds Consortium for Energy 
                Efficiency Tier 1 level of efficiency as in effect on 
                January 1, 2010.
            (32) Qualified variable speed drive.--The term ``qualified 
        variable speed drive'' means a new electronic variable speed 
        drive that--
                    (A) is added to an operational motor in a--
                            (i) chilled water pump;
                            (ii) cooling tower fan;
                            (iii) fume hood exhaust or makeup fan;
                            (iv) hot water pump;
                            (v) exhaust fan;
                            (vi) chiller compressor; or
                            (vii) supply, return, or exhaust fan on a 
                        variable-air volume unit that is located in a 
                        commercial building or multifamily residential 
                        building and operates not less than 2,000 hours 
                        annually;
                    (B) is controlled automatically by a building 
                automation system, process control system, or local 
                controller driven by differential pressure, flow, 
                temperature, or another variable signal; and
                    (C) incorporates a series reactor for power factor 
                correction.
            (33) Qualified water heater.--The term ``qualified water 
        heater'' means a new natural gas or electric storage water 
        heater with a capacity of 75,000 Btu/hour or greater, or a 
        tankless water heater with a capacity of 200,000 Btu/hour or 
        greater, that replaces an operational water heater in a 
        commercial building or multifamily residential building and 
        meets or exceeds--
                    (A) in the case of a natural gas water heater, 90 
                percent thermal efficiency;
                    (B) in the case of an electric water heater--
                            (i) a 2.5 Coefficient of Performance; or
                            (ii) a 2.0 Energy Factor; and
                    (C) in the case of a wood or wood pellet water 
                heater, 75 percent thermal efficiency.
            (34) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (35) SHGC.--The term ``SHGC'' means the Solar Heat Gain 
        Coefficient.
            (36) Tier 1 qualified window.--The term ``tier 1 qualified 
        window'' means a new window that--
                    (A) replaces an existing window in a commercial 
                building or multifamily residential building; and
                    (B) meets or is better than--
                            (i) the applicable U-factor and SHGC 
                        requirements (both certified to NFRC standards) 
                        in the following table:

----------------------------------------------------------------------------------------------------------------
              Climate Zones                  1        2        3        4        5        6        7        8
----------------------------------------------------------------------------------------------------------------
U-Factor................................      .57      .57      .40      .35      .35      .35      .35      .35
SHGC....................................      .25      .25      .25      .40      .40      .40      .45      .45
----------------------------------------------------------------------------------------------------------------

                        ; and
                            (ii) in the case of a window with impact-
                        rated glazing in climate zone 1, a U-factor of 
                        1.20.
            (37) Tier 2 qualified window.--The term ``tier 2 qualified 
        window'' means a new window that--
                    (A) replaces an existing window in a commercial 
                building or multifamily residential building; and
                    (B) meets or is better than--
                            (i) the applicable U-factor and SHGC 
                        requirements (both certified to NFRC standards) 
                        in the following table:

----------------------------------------------------------------------------------------------------------------
              Climate Zones                  1        2        3        4        5        6        7        8
----------------------------------------------------------------------------------------------------------------
U-Factor................................      .32      .32      .30      .30      .30      .30      .30      .30
SHGC....................................      .25      .25      .25      .26      .26      .35      .45      .45
----------------------------------------------------------------------------------------------------------------

                        ; and
                            (ii) in the case of a window with impact-
                        rated glazing in climate zone 1, a U-factor of 
                        1.20.

SEC. 3. BUILDING STAR PROGRAM.

    (a) Establishment.--There is established in the Department of 
Energy a program to be known as the ``Building Star Energy Efficiency 
Rebate Program of 2010'' under which the Secretary, in accordance with 
this section, shall issue rebates to building owners to offset a 
portion of the cost of purchasing and installing qualifying equipment 
or materials or undertaking qualifying services to enhance the energy 
efficiency of existing commercial buildings and multifamily residential 
buildings.
    (b) Rebates for Building Envelope Energy Efficiency Measures.--
Rebates for the purchase and installation of qualifying insulation, 
windows, and qualified high-efficiency window films and screens in 
commercial or multifamily residential buildings shall be available in 
the following amounts:
            (1) Building envelope insulation.--For qualified building 
        envelope insulation, a rebate of $0.60 per square foot of 
        insulated area.
            (2) Low slope roofing insulation.--For qualified low slope 
        roofing insulation, a rebate of $0.80 per square foot of 
        insulated roof area over conditioned space.
            (3) Mechanical insulation.--For qualified mechanical 
        insulation, rebates shall be the amounts specified in the 
        following table:

----------------------------------------------------------------------------------------------------------------
      Piping and Equipment Applications                                      Rebate
----------------------------------------------------------------------------------------------------------------
2" Iron Pipe Size and below..................  $2.50 per equivalent lineal foot
2" to 12" Iron Pipe Size.....................  $5.00 per equivalent lineal foot
Above 12" Iron Pipe Size and equipment.......  $5.00 per square foot
HVAC Duct Applications.......................  $1.00 per square foot.
----------------------------------------------------------------------------------------------------------------

            (4) Windows.--
                    (A) Tier 1 qualified windows.--For Tier 1 qualified 
                windows, a rebate of $150 per window.
                    (B) Tier 2 qualified windows.--For Tier 2 qualified 
                windows, a rebate of $300 per window.
            (5) High-efficiency window films and screens.--For 
        qualified high-efficiency window films and screens, a rebate of 
        $1.00 per square foot of treated glass enclosing a mechanically 
        conditioned space.
    (c) Rebates for Eligible Equipment Installation.--Rebates for the 
purchase and installation of qualifying new energy efficient equipment 
in commercial buildings or multifamily residential buildings shall be 
available in the following amounts:
            (1) Boilers.--For qualified boilers, rebates shall be the 
        amounts specified in the following table:

----------------------------------------------------------------------------------------------------------------
                 Boiler Fuel                                                 Rebate
----------------------------------------------------------------------------------------------------------------
Natural Gas-fired............................  $10 per thousand Btu per hour capacity
Oil-fired....................................  $3 per thousand Btu per hour capacity
Wood or wood pellet boiler...................  $__ per thousand Btu per hour capacity.
----------------------------------------------------------------------------------------------------------------

            (2) Furnaces.--For qualified furnaces, rebates of $5 per 
        thousand Btu per hour of capacity.
            (3) Water heaters.--For qualified water heaters, rebates 
        shall be the amounts specified in the following table:

----------------------------------------------------------------------------------------------------------------
                Energy Source                                                Rebate
----------------------------------------------------------------------------------------------------------------
Natural Gas..................................  $8 per thousand Btu per hour capacity
Electricity..................................  $20 per thousand Btu per hour of heat pump capacity
Wood or wood pellet water heater.............  $__ per thousand Btu per hour capacity.
----------------------------------------------------------------------------------------------------------------

            (4) Unitary air conditioners and heat pumps.--For qualified 
        unitary air conditioners and qualified unitary heat pumps, 
        rebates shall be the amounts specified in the following table:

----------------------------------------------------------------------------------------------------------------
               Efficiency Level                                              Rebate
----------------------------------------------------------------------------------------------------------------
Consortium on Energy Efficiency Tier 1         $100 per ton cooling capacity
 efficiency standards (as in effect on
 January 1, 2010).
Consortium of Energy Efficiency Tier 2         $200 per ton cooling capacity.
 efficiency standards (as in effect on
 January 1, 2010).
----------------------------------------------------------------------------------------------------------------

            (5) Variable speed drives for motors.--For qualified 
        variable speed drives, rebates shall be the amounts specified 
        in the following table:

----------------------------------------------------------------------------------------------------------------
        Power Controlled (horsepower)                                     Rebate Level
----------------------------------------------------------------------------------------------------------------
 <10 hp......................................  $120/hp
10-100 hp....................................  $80/hp
>100 hp......................................  $40/hp.
----------------------------------------------------------------------------------------------------------------

            (6) Interior lighting.--
                    (A) In general.--For qualified interior lighting, 
                subject to subparagraphs (B) and (C), rebates based on 
                reduced lighting power shall be the amounts specified 
                in the following table:

25% or greater reduction in installed lighting power (as adjusted)       $0.25 per square foot of illuminated
                                                                          floor area affected
  40% or greater reduction in installed lighting power (as adjusted)     $0.50 per square foot of illuminated
                                                                          floor area affected.
 

                    (B) Calculation.--Reductions in installed lighting 
                power resulting from installation of qualified interior 
                lighting shall be calculated by determining the 
                difference between--
                            (i) the product obtained by multiplying--
                                    (I) the quantity of installed power 
                                (kW) for existing interior lighting; 
                                and
                                    (II) the applicable control factor; 
                                and
                            (ii) the product obtained by multiplying--
                                    (I) the quantity of installed power 
                                (kW) of the replacement interior 
                                lighting system; and
                                    (II) the applicable control factor.
                    (C) Control factors.--For purposes of subparagraph 
                (B), control factors for installed lighting controls 
                shall be--
                            (i) for manual dimming controls, 0.9;
                            (ii) for occupancy sensors, 0.9;
                            (iii) for programmable multilevel dimming 
                        controls, 0.9;
                            (iv) for programmable multilevel dimming 
                        controls with programmable time scheduling, 
                        0.85; and
                            (v) for daylight dimming controls, 0.75.
            (7) Exterior lighting.--
                    (A) In general.--For qualified exterior lighting, 
                subject to subparagraphs (B) and (C), rebates based on 
                reduced energy usage shall be the amounts specified in 
                the following table:

20 % or greater reduction in calculated  $0.40 per kWh reduction in
 annual energy usage                      calculated annual energy usage
40% or greater reduction in calculated   $1.00 per kWh reduction in
 annual energy usage                      calculated annual energy
                                          usage.
 

                    (B) Calculation.--Reductions in annual energy usage 
                resulting from installation of qualified exterior 
                lighting shall be calculated by determining the 
                difference between--
                            (i) the product obtained by multiplying--
                                    (I) the quantity of installed power 
                                (kW) for existing exterior lighting;
                                    (II) 4,000 operating hours per 
                                year; and
                                    (III) the applicable control 
                                factor; and
                            (ii) the product obtained by multiplying--
                                    (I) the quantity of installed power 
                                (kW) of the replacement exterior 
                                lighting system;
                                    (II) 4,000 operating hours per 
                                year; and
                                    (III) the applicable control 
                                factor.
                    (C) Control factors.--For purposes of subparagraph 
                (B), control factors for installed lighting controls 
                shall be--
                            (i) for 7-day time controls (with a 
                        provision for holiday schedule) if lighting is 
                        switched off a minimum of 4 hours per night, 
                        0.75;
                            (ii) for motion sensors if lighting power 
                        is reduced by at least 40 percent after no 
                        activity has been detected for at least 20 
                        minutes, 0.75; and
                            (iii) for remote monitoring and multilevel 
                        lighting controls, 0.60.
            (8) Qualified replacement chillers.--
                    (A) In general.--For qualified replacement 
                chillers, rebates shall be the sum of--
                            (i) the product obtained by multiplying--
                                    (I) $150; and
                                    (II) the tonnage rating of the 
                                replaced chiller; and
                            (ii) if all chilled water distribution 
                        pumps connected to the qualified replacement 
                        chiller include variable frequency drives, the 
                        product obtained by multiplying--
                                    (I) $100; and
                                    (II) any chiller tonnage 
                                downsizing.
                    (B) Audits.--As a condition of receiving a rebate 
                for a qualified replacement chiller, an audit with 
                requirements determined by the Secretary (not later 
                than 45 days after the date of enactment of this Act) 
                shall be performed on a building prior to installation 
                of the qualified replacement chiller that identifies 
                cost-effective energy-saving measures, particularly 
                measures that could contribute to chiller tonnage 
                downsizing.
    (d) Rebates for Eligible Energy Efficiency Services.--Rebates for 
qualifying services to enhance the energy efficiency of commercial or 
multifamily residential buildings shall be available in the following 
amounts:
            (1) Energy audit and retro commissioning study.--
                    (A) In general.--For qualified energy audits or 
                qualified retro commissioning studies, subject to 
                subparagraph (B), a rebate equal to the lesser of--
                            (i) $0.05 per square foot of audited or 
                        commissioned building space; or
                            (ii) 50 percent of the cost of the audit or 
                        study.
                    (B) Avoidance of duplication.--Rebates shall not be 
                made for energy audits and retro commissioning studies 
                under subparagraph (A) for the same building.
            (2) Energy-efficient building operations and maintenance 
        training.--For qualified energy-efficient building operation 
        and maintenance training, a rebate of $2,000 per individual 
        trained and certified.
            (3) Service on space heating equipment.--For qualified 
        service on space heating equipment, a rebate of $100 per unit 
        serviced.
            (4) Service on cooling systems.--For qualified service on 
        cooling systems, a rebate equal to the lesser of--
                    (A) $2 per ton of nameplate capacity of the 
                serviced cooling system; and
                    (B) 50 percent of the total service cost.
            (5) Energy monitoring and management systems.--
                    (A) Installation.--For qualified energy monitoring 
                and management systems installed in a commercial 
                building or multifamily residential building that have 
                analog controls (pneumatic or electronic), or if no 
                control system exists, a rebate equal to the lesser 
                of--
                            (i) $0.45 per square foot of building space 
                        covered by the qualified energy monitoring and 
                        management system; or
                            (ii) 50 percent of the total installation 
                        and commissioning costs.
                    (B) Upgrading.--For upgrading an existing energy 
                monitoring and management system in a commercial 
                building or multifamily residential building to add 
                submetering to all major individual loads, such as 
                heating, ventilation, air conditioning, and lighting, a 
                rebate equal to the lesser of--
                            (i) $0.15 per square foot of building space 
                        covered by the energy management system, or
                            (ii) 50 percent of the total installation 
                        cost.
            (6) HVAC testing, balancing, and duct sealing.--For 
        qualified HVAC testing, balancing, and duct sealing, a rebate 
        of $0.75 per square foot of duct surface tested, balanced, and 
        if necessary, sealed.
    (e) Administration.--
            (1) Eligibility period.--A rebate issued under the program 
        shall be provided only in connection with qualifying equipment 
        installations or services provided during the period beginning 
        on the date of enactment of this Act and ending on December 31, 
        2011.
            (2) Combination with other incentives.--The availability or 
        use of a Federal, State, local, utility, or other incentive for 
        any qualifying equipment installation or service shall not 
        affect eligibility for rebates under the program.
            (3) Additional fees.--A dealer, equipment installer, or 
        service provider may not charge a person purchasing goods or 
        services any additional fees associated with applying for a 
        rebate under the program.
            (4) Limitation on total rebates issued.--The total value of 
        rebates issued under the program may not exceed the amounts 
        made available for the program.
            (5) Maximum rebate.--The amount of any rebate paid to an 
        applicant for any qualified measure under this section shall be 
        the lesser of--
                    (A) the amount determined under subsection (b), 
                (c), or (d); or
                    (B) \1/2\ of the cost actually incurred by the 
                applicant building owner to complete the measure that 
                is eligible for the rebate.
    (f) Implementation.--Notwithstanding section 553 of title 5, United 
States Code, not later than 30 days after the date of enactment of this 
Act, the Secretary shall, in consultation with the Secretary of the 
Treasury, establish rules and procedures to implement the program, 
including rules and procedures for--
            (1) building owners or designees to submit applications 
        (including forms) that--
                    (A) specify the proposed measures that qualify for 
                a rebate and the total rebate requested; and
                    (B) require that the work be completed by licensed 
                contractors or service providers in compliance with all 
                applicable Federal, State and local building codes and 
                standards;
            (2) the Secretary--
                    (A) to consider applications; and
                    (B) to the extent that the Secretary determines 
                that proposed measures will qualify for rebates under 
                this section if undertaken and that there are 
                sufficient uncommitted funds to carry out the program, 
                to issue confirmations to applicants that rebates will 
                be made if proposed measures are completed;
            (3) an applicant--
                    (A) to certify, following completion of the 
                measures identified in the application, that the 
                measures undertaken qualify for rebate under this 
                section; and
                    (B) to complete the measures described in the 
                application, and submit a certification, not later 
                than--
                            (i) 180 days after the date of receipt of a 
                        confirmation; or
                            (ii) in the case of a qualified replacement 
                        chiller, 360 days after the date of receipt of 
                        a confirmation;
            (4) appropriate verification by the Secretary of 
        eligibility for a rebate prior to payment;
            (5) verification and payment of rebates by electronic 
        transfer of funds or other means that ensure that the payment 
        occurs not later than 30 days after the date of submission of 
        certification that measures described in the application have 
        been completed;
            (6) certification by the installer, as part of the 
        certification under paragraph (3), that any refrigerants, toxic 
        materials, and other hazards have been removed and disposed of 
        in accordance with all applicable Federal, State, and local 
        laws;
            (7) field inspections by the Federal Government of at least 
        10 percent of the projects for which rebates are received under 
        the program; and
            (8) compliance monitoring and enforcement.
    (g) Civil Penalties.--
            (1) In general.--Any person who knowingly makes a false or 
        misleading statement in an application or certification under 
        this section shall be liable to the United States for a civil 
        penalty in an amount equal to not more than the higher of--
                    (A) $15,000 for each violation; or
                    (B) the amount that is equal to 3 times the value 
                of any associated rebate received under this section.
            (2) Administration.--In carrying out this subsection, the 
        Secretary--
                    (A) may assess and compromise penalties described 
                in paragraph (1);
                    (B) may require from any entity the records and 
                inspections necessary to carry out the program; and
                    (C) shall consider the severity of the violation 
                and the intent and history of the person committing a 
                violation in determining the amount of a penalty.
    (h) Information to Building Owners, Service Providers, and 
Equipment Installers.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary shall make available on an 
        Internet website and through other means determined by the 
        Secretary, information about the program, including information 
        on--
                    (A) how to determine whether particular efficiency 
                measures are eligible for a rebate;
                    (B) how to participate in the program, including 
                how to apply for rebates; and
                    (C) the equipment and services meeting the 
                requirements of the program.
            (2) Updating.--The Secretary shall update, as appropriate, 
        the information required under paragraph (1).
    (i) Report to Congress.--Not later than 60 days after the 
termination date described in subsection (e)(1), the Secretary shall 
submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate a report describing the efficacy of the program, including--
            (1) a description of program results, including--
                    (A) the total number and value of rebates issued 
                for installation of new energy efficient equipment by 
                category of equipment;
                    (B) the total number and value of rebates issued 
                for services rendered by category of service; and
                    (C) the geographic distribution of activities for 
                which rebates were issued;
            (2) an estimate of the overall increase in energy 
        efficiency as a result of the program, expressed in terms of 
        percentage improvement by--
                    (A) type of equipment;
                    (B) total annual energy savings; and
                    (C) total annual greenhouse gas reductions; and
            (3) an estimate of the overall jobs created and economic 
        growth achieved as a result of the program.

SEC. 4. STATE-BASED FINANCING ASSISTANCE FOR COMMERCIAL BUILDING 
              RETROFITS.

    (a) Definitions.--In this section:
            (1) Building star energy retrofit program.--The term 
        ``Building Star energy retrofit program'' means the Building 
        Star energy retrofit program established under section 3.
            (2) Eligible participant.--The term ``eligible 
        participant'' means a building owner, apartment complex owner, 
        residential cooperative association, or condominium association 
        that--
                    (A) meets the eligibility requirements established 
                by a qualified loan program delivery entity designated 
                by the building owner; and
                    (B) receives financial assistance from the 
                qualified loan program delivery entity to carry out 
                energy efficiency or renewable energy improvements to 
                an existing building in accordance with the Building 
                Star energy retrofit program established under section 
                3.
            (3) Program.--The term ``program'' means the Building Star 
        Energy Efficiency Loan Program established under subsection 
        (b).
            (4) Qualified loan program mechanism.--The term ``qualified 
        loan program mechanism'' means a loan program that is--
                    (A) administered by a qualified program delivery 
                entity; and
                    (B) principally funded--
                            (i) by funds provided by or overseen by a 
                        State; or
                            (ii) through the energy loan program of the 
                        Federal National Mortgage Association.
            (5) Qualified program delivery entity.--The term 
        ``qualified program delivery entity'' means a State, political 
        subdivision of a State, tribal government, energy utility, 
        natural gas utility, nonprofit or community-based organization, 
        energy service company, retailer, or any other qualified entity 
        that--
                    (A) meets the eligibility requirements of this 
                section; and
                    (B) is approved by the State that administers the 
                program in the State.
    (b) Establishment.--The Secretary shall establish a Building Star 
Energy Efficiency Loan Program under which the Secretary shall make 
grants to States to support financial assistance provided by qualified 
program delivery entities for making, to existing buildings, energy 
efficiency and renewable energy improvements that qualify under the 
Building Star energy retrofit program.
    (c) Eligibility of Qualified Program Delivery Entities.--To be 
eligible to participate in the program, a qualified program delivery 
entity shall--
            (1) offer a financing product under which eligible 
        participants may pay over time for the cost to the eligible 
        participant (after all applicable Federal, State, local, and 
        other rebates or incentives are applied) of making improvements 
        described in section 3;
            (2) require all financed improvements to be performed by 
        contractors in a manner that meets minimum standards that are 
        at least as stringent as the standards established under 
        section 3; and
            (3) establish standard underwriting criteria to determine 
        the eligibility of program applicants, which criteria shall be 
        consistent with commercially recognized best practices 
        applicable to the form of financial assistance being provided 
        (as determined by the designated entity administering the 
        program in the State).
    (d) Allocation.--In making funds available to States for each 
fiscal year under this section, the Secretary shall use the formula 
used to allocate funds to States to carry out State energy conservation 
plans established under part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.).
    (e) Qualified Program Delivery Entities.--Before making a grant to 
a State under this section, the Secretary shall require the Governor of 
the State to provide to the Secretary a letter of assurance that the 
State--
            (1) has 1 or more qualified program delivery entities that 
        meet the requirements of this section;
            (2) has established a qualified loan program mechanism 
        that--
                    (A) includes a methodology to ensure credible 
                energy savings or renewable energy generation;
                    (B) incorporates an effective repayment mechanism, 
                which may include--
                            (i) on-utility-bill repayment;
                            (ii) tax assessment or other form of 
                        property assessment financing;
                            (iii) municipal service charges;
                            (iv) energy or energy efficiency services 
                        contracts;
                            (v) energy efficiency power purchase 
                        agreements; or
                            (vi) alternative contractual repayment 
                        mechanisms that have been demonstrated to have 
                        appropriate risk mitigation features; and
            (3) will provide, in a timely manner, all information 
        regarding the administration of the program as the Secretary 
        may require to permit the Secretary to meet the reporting 
        requirements of subsection (h).
    (f) Use of Grant Funds.--Grant funds made available to States under 
the program may be used to support financing products offered by 
qualified program delivery entities to eligible participants, by 
providing----
            (1) interest rate reductions;
            (2) loan loss reserves or other forms of credit 
        enhancement;
            (3) revolving loan funds from which qualified program 
        delivery entities may offer direct loans; or
            (4) other debt instruments or financial products 
        necessary--
                    (A) to maximize leverage provided through available 
                funds; and
                    (B) to support widespread deployment of energy 
                efficiency and renewable energy finance programs.
    (g) Use of Repayment Funds.--In the case of a revolving loan fund 
established by a State described in subsection (f)(3), a qualified 
program delivery entity may use funds repaid by eligible participants 
under the program to provide financial assistance for additional 
eligible participants to make improvements described in subsection (b) 
in a manner that is consistent with this section or other such criteria 
as are prescribed by the State.
    (h) Program Evaluation.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall submit to Congress a program 
evaluation that describes--
            (1) how many eligible participants have participated in the 
        program;
            (2) how many jobs have been created through the program, 
        directly and indirectly;
            (3) what steps could be taken to promote further deployment 
        of energy efficiency and renewable energy retrofits;
            (4) the quantity of verifiable energy savings, renewable 
        energy deployment, homeowner energy bill savings, and other 
        benefits of the program; and
            (5) the performance of the programs carried out by 
        qualified program delivery entities under this section, 
        including information on the rate of default and repayment.

SEC. 5. FEDERAL FINANCING ASSISTANCE FOR COMMERCIAL BUILDING RETROFITS.

    (a) In General.--Section 1705(a) of the Energy Policy Act of 2005 
(42 U.S.C. 16516(a)) is amended by adding at the end the following:
            ``(4) Energy efficiency projects, including projects to 
        retrofit residential, commercial, and industrial buildings, 
        facilities, and equipment, including financing programs that 
        finance the retrofitting of residential, commercial, and 
        industrial buildings, facilities, and equipment.''.
    (b) Credit Support for Financing Programs.--Section 1705 of the 
Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Credit Support for Financing Programs.--
            ``(1) In general.--In the case of programs that finance the 
        retrofitting of residential, commercial, and industrial 
        buildings, facilities, and equipment described in subsection 
        (a)(4), the Secretary may--
                    ``(A) offer loan guarantees for portfolios of debt 
                obligations; and
                    ``(B) purchase or make commitments to purchase 
                portfolios of debt obligations.
            ``(2) Term.--Notwithstanding section 1702(f), the term of 
        any debt obligation that receives credit support under this 
        subsection shall require full repayment over a period not to 
        exceed the lesser of--
                    ``(A) 30 years; and
                    ``(B) the projected weighted average useful life of 
                the measure or system financed by the debt obligation 
                or portfolio of debt obligations (as determined by the 
                Secretary).
            ``(3) Underwriting.--The Secretary may--
                    ``(A) delegate underwriting responsibility for 
                portfolios of debt obligations under the subsection to 
                financial institutions that meet qualifications 
                determined by the Secretary; and
                    ``(B) determine an appropriate percentage of loans 
                in a portfolio to review in order to confirm sound 
                underwriting.
            ``(4) Administration.--Subsections (c) and (d)(3) of 
        section 1702 shall not apply to loan guarantees made under this 
        subsection.''.
    (c) Termination of Effectiveness.--The authority provided by this 
section and the amendments made by this section terminates effective on 
the date that is 2 years after the date of enactment of this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out this Act and the amendments made by this Act $6,000,000,000 for the 
period of fiscal years 2010 and 2011, to remain available until 
expended, of which--
            (1) not less than $600,000,000 or 10 percent of the amount 
        made available for a fiscal year (whichever is less) shall be 
        used to carry out the financing program established under 
        section 4; and
            (2) not more than $360,000,000 or 6 percent of the amount 
        made available for a fiscal year (whichever is less) shall be 
        used to administer this Act and the amendments made by this 
        Act.
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