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(B) maximize the proportion of non-Fed-
eral cost share; and 
(C) limit State administrative costs. 
(f) STATE PROGRAM.—A program operated by a 
State with funding under this section shall provide com-
petitive awards for the demonstration of advanced photo- 
voltaic technologies. Each State program shall— 
(1) require a contribution of at least 60 percent 
per award from non-Federal sources, which may in-
clude any combination of State, local, and private 
funds, except that at least 10 percent of the funding 
must be supplied by the State; 
(2) endeavor to fund recipients in the commer-
cial, industrial, institutional, governmental, and resi-
dential sectors; 
(3) limit State administrative costs to no more 
than 10 percent of the grant; 
(4) report annually to the Secretary on— 
(A) the amount of funds disbursed; 
(B) the amount of photovoltaics purchased; 
and 
(C) the results of the monitoring under 
paragraph (5); 
(5) provide for measurement and verification of 
the output of a representative sample of the 
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photovoltaics systems demonstrated throughout the 
average working life of the systems, or at least 20 
years; and 
(6) require that applicant buildings must have 
received an independent energy efficiency audit dur-
ing the 6-month period preceding the filing of the 
application. 
(g) UNEXPENDED FUNDS.—If a State fails to expend 
any funds received under subsection (b) or (c) within 3 
years of receipt, such remaining funds shall be returned 
to the Treasury. 
(h) REPORTS.—The Secretary shall report to Con-
gress 5 years after funds are first distributed to the States 
under this section— 
(1) the amount of photovoltaics demonstrated; 
(2) the number of projects undertaken; 
(3) the administrative costs of the program; 
(4) the amount of funds that each State has 
not received because of a failure to submit a quali-
fying proposal, as described in subsection (b)(3); 
(5) the results of the monitoring under sub-
section (f)(5); and 
(6) the total amount of funds distributed, in-
cluding a breakdown by State. 
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(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for the 
purposes of carrying out this section— 
(1) $15,000,000 for fiscal year 2008; 
(2) $30,000,000 for fiscal year 2009; 
(3) $45,000,000 for fiscal year 2010; 
(4) $60,000,000 for fiscal year 2011; and 
(5) $70,000,000 for fiscal year 2012. 
PART 2—DEVELOPMENT AND USE OF SOLAR 
ENERGY PRODUCTS 
SEC. 4311. DEFINITIONS. 
For purposes of this part: 
(1) The term ‘‘Board’’ means the Solar Energy 
Industries Research and Promotion Board estab-
lished under section 4312(b)(1). 
(2) The term ‘‘Committee’’ means the Solar 
Energy Research and Promotion Operating Com-
mittee established under section 4312(b)(4). 
(3) The term ‘‘Department’’ means the Depart-
ment of Energy. 
(4) The term ‘‘importer’’ means any person 
who imports solar energy products from outside the 
United States. 
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(5) The term ‘‘order’’ means a solar energy 
product research and promotion order issued under 
section 4312. 
(6) The term ‘‘promotion’’ means any action to 
advance the image and desirability of solar energy 
products with the express intent of improving the 
competitive position and stimulating sales of solar 
energy products in the marketplace. 
(7) The term ‘‘Secretary’’ means the Secretary 
of Energy. 
(8) The term ‘‘solar energy products’’ means 
solar water heating components and systems and 
photovoltaic components and systems. 
SEC. 4312. SOLAR RESEARCH AND INFORMATION PRO-
GRAM. 
(a) ISSUANCE OF ORDERS.— 
(1) PROPOSED ORDER.—Not later than 30 days 
after receipt of a proposal for a solar energy product 
research and promotion order, the Secretary shall 
publish such proposed order and give due notice and 
opportunity for public comment on such proposed 
order. Such proposal may be submitted by any orga-
nization meeting the requirements for certification 
under section 4313 or any interested person, includ-
ing the Secretary. 
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(2) FINAL
ORDER.—After notice and oppor-
tunity for public comment are given, as provided for 
in paragraph (1), the Secretary shall issue a solar 
energy product research and promotion order. The 
order shall become effective not later than 120 days 
after publication of the proposed order. 
(b) REQUIRED TERMS IN ORDERS.—An order issued 
under subsection (a) shall contain the following terms and 
conditions: 
(1) The order shall provide for the establish-
ment and selection of a Solar Energy Industries Re-
search and Promotion Board. In addition to non-
permanent members of the Board, there shall be two 
permanent members of the Board, a representative 
chosen by the Secretary and a representative chosen 
by one of the organizations certified under section 
4313. Nonpermanent members of the Board shall be 
solar energy products producers and importers ap-
pointed by the Secretary from— 
(A) nominations submitted by eligible or-
ganizations certified under section 4313; and 
(B) nominations submitted by importers 
under such procedures as the Secretary deter-
mines appropriate. 
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The Secretary shall ensure adequate representation 
of all geographic regions of the United States on the 
Board. 
(2) The order shall define the powers and du-
ties of the Board, which shall be exercised at an an-
nual meeting, and shall include only the following 
powers: 
(A) To administer the order in accordance 
with its terms and provisions. 
(B) To make rules and regulations to ef-
fectuate the terms and provisions of the order. 
(C) To elect members of the Board to 
serve on the Committee. 
(D) To approve or disapprove budgets sub-
mitted by the Committee. 
(E) To receive, investigate, and report to 
the Secretary complaints of violations of the 
order. 
(F) To recommend to the Secretary 
amendments to the order. In addition, the order 
shall determine the circumstances under which 
special meetings of the Board may be held. 
(3) The order shall provide that the term of ap-
pointment for nonpermanent members of the Board 
shall be 3 years with no nonpermanent member serv-
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ing more than 2 consecutive terms, except that ini-
tial appointments shall be proportionately for 1-year, 
2-year, and 3-year terms; and that Board members 
shall serve without compensation, but shall be reim-
bursed for their reasonable expenses incurred in per-
forming their duties as members of the Board. 
(4)(A) The order shall provide that the Board 
shall elect from its membership 10 members to serve 
on the Solar Energy Research and Promotion Oper-
ating Committee. 
(B) The Committee shall develop plans or 
projects of research, information, and promotion 
which shall be paid for with assessments collected by 
the Board. In developing plans or projects, the Com-
mittee shall, to the extent practicable, ensure that 
all segments of the solar industry receive fair treat-
ment under this part based upon contributions made 
under paragraph (8). 
(C) The Committee shall be responsible for de-
veloping and submitting to the Board, for its ap-
proval, budgets on a fiscal year basis of its antici-
pated expenses and disbursements, including prob-
able costs of research, promotion, and information 
projects. The Board shall approve or disapprove 
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such budgets and, if approved, shall submit such 
budget to the Secretary for the Secretary’s approval. 
(D) The total costs of collection of assessments 
and administrative staff incurred by the Board dur-
ing any fiscal year shall not exceed 5 percent of the 
projected total assessments to be collected by the 
Board for such fiscal year. The Board shall use, to 
the extent possible, the resources, staffs, and facili-
ties of existing organizations. 
(5) The order shall provide that terms of ap-
pointment to the Committee shall be 1 year, and 
that no person may serve on the Committee for 
more than 6 consecutive terms. Committee members 
shall serve without compensation, but shall be reim-
bursed for their reasonable expenses incurred in per-
forming their duties as members of the Committee. 
The Committee may utilize the resources, staffs, and 
facilities of the Board and industry organizations. 
An employee of an industry organization may not re-
ceive compensation for work performed for the Com-
mittee, but shall be reimbursed from assessments 
collected by the Board for reasonable expenses in-
curred in performing such work. 
(6) The order shall provide that, to ensure co-
ordination and efficient use of funds, the Committee 
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shall enter into contracts or agreements for imple-
menting and carrying out the activities authorized 
by this part with established national nonprofit in-
dustry-governed organizations to implement pro-
grams of research, promotion, and information. In 
any fiscal year, the total assessments available for 
spending for this program (including administrative 
expenses under paragraph (4)(D)) shall not exceed 
50 percent of the projected total assessments for 
that year. Any such contract or agreement shall pro-
vide that— 
(A) the person entering the contract or 
agreement shall develop and submit to the 
Committee a plan or project together with a 
budget or budgets that shows estimated costs to 
be incurred for the plan or project; 
(B) the plan or project shall become effec-
tive on the approval of the Secretary; and 
(C) the person entering the contract or 
agreement shall keep accurate records of all of 
its transactions, account for funds received and 
expended, and make periodic reports to the 
Committee of activities conducted, and such 
other reports as the Secretary, the Board, or 
the Committee may require. 
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(7) The order shall require the Board and the 
Committee to— 
(A) maintain such books and records, 
which shall be available to the Secretary for in-
spection and audit, as the Secretary may pre-
scribe; 
(B) prepare and submit to the Secretary, 
from time to time, such reports as the Sec-
retary may prescribe; and 
(C) account for the receipt and disburse-
ment of all funds entrusted to them. 
(8)(A) The order shall provide that each manu-
facturer of a solar energy product shall collect an as-
sessment and pay the assessment to the Board. 
(B) The order also shall provide that each im-
porter of solar energy products shall pay an assess-
ment, in the manner prescribed by the order, to the 
Board. 
(C) The assessments shall be used for payment 
of the costs of plans and projects, as provided for in 
paragraph (4), and expenses in administering the 
order, including more administrative costs incurred 
by the Secretary after the order has been promul-
gated under this part, and to establish a reasonable 
reserve. The rate of assessment prescribed by the 
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order shall be determined by the Secretary in con-
sultation with the Solar Energy Industry Associa-
tion. 
(9) The order shall provide that the Board, 
with the approval of the Secretary, may invest, 
pending disbursement, funds collected through as-
sessments only in obligations of the United States or 
any agency thereof, in any interest-bearing account 
or certificate of deposit of a bank that is a member 
of the Federal Reserve System, or in obligations 
fully guaranteed as to principal and interest by the 
United States. 
(10) The order shall prohibit any funds col-
lected by the Board under the order from being used 
in any manner for the purpose of influencing govern-
mental action or policy, with the exception of recom-
mending amendments to the order. 
(11)(A) The order shall require that each man-
ufacturer or importer making payment to the Board 
maintain and make available for inspection such 
books and records as may be required by the order 
and file reports at the time, in the manner, and hav-
ing the content prescribed by the order. Such infor-
mation shall be made available to the Secretary as 
is appropriate to the administration or enforcement 
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of this part. All information so obtained shall be 
kept confidential by all officers and employees of the 
Department, and only such information so obtained 
as the Secretary deems relevant may be disclosed by 
them and then only in a suit or administrative hear-
ing brought at the request of the Secretary, or to 
which the Secretary or any officer of the United 
States is a party, and involving the order. Nothing 
in this paragraph may be deemed to prohibit— 
(i) the issuance of general statements, 
based on the reports, of the number of entities 
subject to the order or statistical data collected 
therefrom, which statements do not identify the 
information furnished by an person; or 
(ii) the publication, by direction of the Sec-
retary, of the name of any person violating the 
order, together with a statement of the par-
ticular provisions of the order violated by the 
person. 
(B) No information obtained under the author-
ity of this part may be made available to any agency 
or officer of the United States for any purpose other 
than the implementation of this part and any inves-
tigatory or enforcement act necessary for the imple-
mentation of this part. Any person violating the pro-
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visions of this paragraph shall be subject to a fine 
of not more than $1,000, or to imprisonment for not 
more than one year, or both, and if an officer or em-
ployee of the Board or the Department, shall be re-
moved from office. 
(12) The order shall contain terms and condi-
tions, not inconsistent with the provisions of this 
part, as necessary to effectuate the provisions of the 
order. 
SEC. 4313. CERTIFICATION OF ORGANIZATIONS TO NOMI-
NATE. 
(a) ELIGIBILITY.—The eligibility of any national, re-
gional, or State organization to represent manufacturers 
and to participate in the making of nominations under sec-
tion 4312(b) shall be certified by the Secretary. The Sec-
retary shall certify any organization that the Secretary de-
termines meets the eligibility criteria established under 
subsection (b), and such determination as to eligibility 
shall be final. 
(b) CRITERIA.—An organization may be certified as 
described in subsection (a) if such organization meets all 
of the following eligibility criteria: 
(1) The organization represents a majority of 
manufacturers of solar energy products in the Na-
tion. 
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(2) The organization has a history of stability 
and permanency. 
(3) A primary purpose of the organization is to 
promote the economic welfare of the solar energy 
products industry. 
(c) BASIS FOR CERTIFICATION.—Certification of an 
organization shall be based upon a factual report sub-
mitted by the organization. 
SEC. 4314. REFERENDUM. 
(a) INITIAL REFERENDUM.—For the purpose of de-
termining whether the initial order shall be continued, not 
later than 48 months after the issuance of the order (or 
any earlier date recommended by the Board), the Sec-
retary shall conduct a referendum among persons who 
have been manufacturers or importers of solar energy 
products during a representative period, as determined by 
the Secretary. The order shall be continued only if the 
Secretary determines that it has been approved by not less 
than a majority of the manufacturers voting in the ref-
erendum who, during a representative period as deter-
mined by the Secretary, have been engaged in the manu-
facturing of solar energy products. If continuation of the 
order is not approved by a majority voting in the ref-
erendum, the Secretary shall terminate the collection of 
assessments under the order within 6 months after the 
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Secretary determines that continuation of the order is not 
favored by a majority voting in the referendum, and shall 
terminate the order in an orderly manner as soon as prac-
ticable after such determination. 
(b) SUBSEQUENT REFERENDA.—After the initial ref-
erendum, the Secretary may conduct a referendum on the 
request of a representative group comprising 25 percent 
or more of the number of manufacturers of solar energy 
products to determine whether manufacturers favor the 
termination or suspension of the order. The Secretary 
shall suspend or terminate collection of assessments under 
the order within 6 months after the Secretary determines 
that suspension or termination of the order is favored by 
a majority of the manufacturers voting in the referendum 
who, during a representative period as determined by the 
Secretary, have been engaged in the manufacture of solar 
energy products, and shall terminate or suspend the order 
in an orderly manner as soon as practicable after such 
determination. 
(c) PROCEDURES.—The Department shall be reim-
bursed from assessments collected by the Board for any 
expenses incurred by the Department in connection with 
conducting any referendum under this section, except for 
the salaries of Government employees. Any referendum 
conducted under this section shall be conducted on a date 
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established by the Secretary, whereby manufacturers shall 
certify that they were engaged in the production of solar 
energy products during the representative period and, on 
the same day, shall be provided an opportunity to vote 
in the referendum. 
SEC. 4315. REFUNDS. 
(a) IN GENERAL.—During the period prior to the ap-
proval of the continuation of an order pursuant to the ref-
erendum required under section 4314(a), subject to sub-
section (f) of this section, the Board shall— 
(1) establish an escrow account to be used for 
assessment refunds; 
(2) place funds in such account in accordance 
with subsection (b); and 
(3) refund assessments to persons in accord-
ance with this section. 
(b) AMOUNTS PLACED IN ACCOUNT.—Subject to sub-
section (f), the Board shall place in such account, from 
assessments collected under section 4312 during the pe-
riod referred to in subsection (a), an amount equal to the 
product obtained by multiplying the total amount of as-
sessments collected under section 4312 during such period 
by 15 percent. 
(c) FULL REFUND ELECTION.—Subject to sub-
sections (d), (e), and (f) and notwithstanding any other 
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provision of this part, any manufacturer or importer shall 
have the right to demand and receive from the Board a 
one-time refund of all assessments collected under section 
4312 from such manufacturer or importer during the pe-
riod referred to in subsection (a) if such manufacturer or 
importer— 
(1) is responsible for paying such assessment; 
and 
(2) does not support the program established 
under this part. 
(d) PROCEDURE.—Such demand shall be made in ac-
cordance with regulations, on a form, and within a time 
period prescribed by the Board. 
(e) PROOF.—Such refund shall be made on submis-
sion of proof satisfactory to the Board that the manufac-
turer or importer— 
(1) paid the assessment for which refund is 
sought; and 
(2) did not collect such assessment from an-
other manufacturer or importer. 
(f) DISTRIBUTION.—If the amount in the escrow ac-
count required to be established by subsection (a) is not 
sufficient to refund the total amount of assessments de-
manded by all eligible persons under this section, and the 
continuation of an order is approved pursuant to the ref-
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erendum required under section 4314(b), the Board 
shall— 
(1) continue to place in such account, from as-
sessments collected under section 4312, the amount 
required under subsection (b), until such time as the 
Board is able to comply with paragraph (2); and 
(2) provide to all eligible persons the total 
amount of assessments demanded by all eligible per-
sons under this section. 
If the continuation of an order is not approved pursuant 
to the referendum required under section 4314(b), the 
Board shall prorate the amount of such refunds among 
all eligible persons who demand such refund. 
SEC. 4316. ENFORCEMENT. 
(a) IN GENERAL.—If the Secretary believes that the 
administration and enforcement of this part or an order 
would be adequately served by such procedure, following 
an opportunity for an administrative hearing on the 
record, the Secretary may— 
(1) issue an order to restrain or prevent a per-
son from violating an order; and 
(2) assess a civil penalty of not more than 
$25,000 for violation of such order. 
(b) JURISDICTION.—The district courts of the United 
States are vested with jurisdiction specifically to enforce, 
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