283 
(i) the effectiveness of the internal con-
trol structure and procedures of the Admin-
istration; and 
(ii) the compliance of the Administra-
tion with applicable safety and soundness 
laws. 
(3) SPECIAL REPORTS.—The Secretary may re-
quire the Administrator of the Administration to sub-
mit other reports on the condition (including finan-
cial condition), management, activities, or operations 
of the Administration, as the Secretary considers ap-
propriate. 
(4) ACCURACY.—Each report of financial condi-
tion shall contain a declaration by the Administrator 
of the Administration or any other officer designated 
by the Board of Directors of the Administration to 
make the declaration, that the report is true and cor-
rect to the best of the knowledge and belief of the offi-
cer. 
(5) AVAILABILITY
OF
REPORTS.—Reports re-
quired under this section shall be published and made 
publicly available as soon as is practicable after re-
ceipt by the Secretary. 
(j) SCOPE AND TERMINATION OF AUTHORITY.— 
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(1) NEW OBLIGATIONS.—The Administrator of 
the Administration shall not initiate any new obliga-
tions under this subtitle on or after January 1, 2029. 
(2) REVERSION TO SECRETARY.—The authorities 
and obligations of the Administration shall revert to 
the Secretary on January 1, 2029. 
Subtitle J—Miscellaneous 
SEC. 191. STUDY OF OCEAN RENEWABLE ENERGY AND 
TRANSMISSION PLANNING AND SITING. 
(a) DEFINITIONS.—In this section: 
(1) MARINE SPATIAL PLAN.—The term ‘‘marine 
spatial plan’’ means the analysis and allocation of 
ocean space for various uses to achieve ecological, eco-
nomic, and social objectives, based on the principle of 
ecosystem-based management. 
(2) MARINE SPATIAL PLANNING.—The term ‘‘ma-
rine spatial planning’’ means the process of devel-
oping a marine spatial plan. 
(3) ECOSYSTEM-BASED MANAGEMENT.—The term 
‘‘ecosystem-based management’’ means a management 
approach that ensures the future ecological and eco-
nomic sustainability of natural resources by— 
(A) accounting for all ecosystem inter-
actions and direct, indirect, and cumulative im-
pacts of human activities on the ecosystem; 
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(B) emphasizing protection of ecosystem 
structure, functions, patterns, and processes; and 
(C) maintaining ecosystems in a healthy 
and resilient condition. 
(4) OFFSHORE RENEWABLE ENERGY.—The term 
‘‘offshore renewable energy’’ means energy generated 
from offshore wind or offshore hydrokinetic (wave, 
tidal, ocean current, and tidal-current) energy tech-
nologies. 
(5) OFFSHORE RENEWABLE ENERGY FACILITY.— 
The term ‘‘offshore renewable energy facility’’ means 
a facility that generates offshore renewable energy or 
any offshore transmission line associated with such 
facility. 
(b) STUDY.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this section, the Federal En-
ergy Regulatory Commission, the Secretary of the In-
terior, and the National Oceanic and Atmospheric 
Administration, in consultation with the Council on 
Environmental Quality and, as appropriate, coastal 
States, regional organizations of coastal States, and 
relevant nongovernmental organizations, shall jointly 
conduct a study of the potential for marine spatial 
planning to facilitate the development of offshore re-
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newable energy facilities in a manner that protects 
and maintains coastal and marine ecosystem health. 
(2) REQUIREMENTS.—The study under para-
graph (1) shall include— 
(A) identification of the steps involved in 
regional marine spatial planning for the siting 
of offshore renewable energy facilities; 
(B) a recommended approach for the devel-
opment of regional marine spatial plans for the 
siting of offshore renewable energy facilities that 
provides for— 
(i) the participation of relevant Fed-
eral agencies and State governments; 
(ii) coordination, to the maximum ex-
tent practicable, with any marine spatial 
planning undertaken by States; 
(iii) public input; and 
(iv) the periodic revision of such plans 
as necessary to account for significant new 
information and ensure achievement of plan 
objectives; 
(C) identification of required elements of 
such regional marine spatial plans, including 
rules that Federal agencies shall apply to appli-
cations for any authorizations required under 
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existing Federal law to construct or operate off-
shore renewable energy facilities within areas 
covered by such plans; 
(D) an assessment of the adequacy of exist-
ing data, including baseline environmental data, 
to support such marine spatial planning and 
identification of gaps in such data and the stud-
ies needed to fill such gaps; 
(E) an assessment of the resources required 
to carry out such marine spatial planning; 
(F) recommended mechanisms for the for-
mal adoption and implementation of regional 
marine spatial plans for the development of off-
shore renewable energy facilities by relevant Fed-
eral agencies; 
(G) identification of any additional author-
ity relevant Federal agencies would need to 
adopt and implement regional marine spatial 
plans for the development of offshore renewable 
energy facilities; and 
(H) such other recommendations as appro-
priate. 
(3) REPORT.—Not later than 6 months after the 
date of enactment of this section, the Federal Energy 
Regulatory Commission, the Secretary of the Interior, 
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and the National Oceanic and Atmospheric Adminis-
tration shall jointly publish the findings and rec-
ommendations of the study conducted pursuant to this 
subsection and shall accept public comment for at 
least 30 days after such publication. Following con-
sideration of any public comments, and not later 
than 8 months after the date of enactment of this sec-
tion, the Federal Energy Regulatory Commission, the 
Secretary of the Interior, and the National Oceanic 
and Atmospheric Administration shall jointly submit 
to Congress and the Council on Environmental Qual-
ity the findings and recommendations of the study 
conducted pursuant to this subsection. 
(c) ASSESSMENT OF REPORT.— 
(1) IN GENERAL.—Not later than 4 months after 
the date of submission of the report required under 
subsection (b)(3), the Council on Environmental 
Quality shall assess the recommendations of such re-
port, issue a written determination as to whether the 
recommended approach to marine spatial planning 
should be implemented, and transmit such written de-
termination to the relevant Federal agencies and Con-
gress. 
(2) COORDINATION
FOR
RECOMMENDED
AP-
PROACH.—If the Council on Environmental Quality 
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determines that the recommended approach to marine 
spatial planning should be implemented, the relevant 
Federal agencies shall implement such approach and 
complete the development of marine spatial plans 
pursuant to that approach no later than 18 months 
after the written determination required by para-
graph (1), and the Council on Environmental Quality 
shall coordinate such implementation. At the time of 
the written determination required by paragraph (1), 
the Council on Environmental Quality shall notify 
Congress if the relevant Federal agencies lack author-
ity to carry out any aspect of the recommended ap-
proach. 
(3) ALTERNATIVE APPROACH.—If the Council on 
Environmental Quality determines that the rec-
ommended approach to marine spatial planning 
should not be implemented, the Council on Environ-
mental Quality shall formulate an alternative ap-
proach and submit such alternative approach to the 
relevant Federal agencies and Congress at the time of 
the written determination required by paragraph (1). 
(d) RELATIONSHIP TO EXISTING LAW.—Nothing in 
this section shall affect or be construed to affect any law, 
regulation, or memoranda of understanding governing the 
development of offshore renewable energy facilities in effect 
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prior to the implementation of the recommended or alter-
native approach pursuant to subsection (c). 
(e) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out this 
section. 
SEC. 192. CLEAN TECHNOLOGY BUSINESS COMPETITION 
GRANT PROGRAM. 
(a) IN GENERAL.—The Secretary of Energy is author-
ized to provide grants to organizations to conduct business 
competitions that provide incentives, training, and 
mentorship to entrepreneurs and early stage start-up com-
panies throughout the United States to meet high priority 
economic, environmental, and energy security goals in 
areas to include energy efficiency, renewable energy, air 
quality, water quality and conservation, transportation, 
smart grid, green building, and waste management. Such 
competitions shall have the purpose of accelerating the de-
velopment and deployment of clean technology businesses 
and green jobs; stimulating green economic development; 
providing business training and mentoring to early stage 
clean technology companies; and strengthening the competi-
tiveness of United States clean technology industry in world 
trade markets. Priority shall be given to business competi-
tions that are private sector led, encourage regional and 
interregional cooperation, and can demonstrate market- 
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291 
driven practices and show the creation of cost-effective green 
jobs through an annual publication of competition activities 
and directory of companies. 
(b) ELIGIBILITY.—An organization eligible for a grant 
under subsection (a) is— 
(1) any organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 and 
exempt from tax under section 501(a) of such Code; 
and 
(2) any sponsored entity of an organization de-
scribed in paragraph (1) that is operated as a non-
profit entity. 
(c) PRIORITY.—In making grants under this section, 
the Secretary shall give priority to those organizations that 
can demonstrate broad funding support from private and 
other non-Federal funding sources to leverage Federal in-
vestment. 
(d) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this section, there are authorized 
to be appropriated $20,000,000. 
SEC. 193. NATIONAL BIOENERGY PARTNERSHIP. 
(a) IN GENERAL.—The Secretary of Energy shall es-
tablish a National Bioenergy Partnership to provide coordi-
nation among programs of State governments, the Federal 
Government, and the private sector that support the institu-
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tional and physical infrastructure necessary to promote the 
deployment of sustainable biomass fuels and bioenergy tech-
nologies for the United States. 
(b) PROGRAM.—The National Bioenergy Partnership 
shall consist of five regions, to be administered by the 
CONEG Policy Research Center, the Council of Great Lakes 
Governors, the Southern States Energy Board, the Western 
Governors Association, and the Pacific Regional Biomass 
Energy Partnership led by the Washington State Univer-
sity Energy Program. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for each of fiscal years 2010 
through 2014 to carry out this section— 
(1) $5,000,000, to be allocated among the 5 re-
gions described in subsection (b) on the basis of the 
number of States in each region, for distribution 
among the member States of that region based on pro-
cedures developed by the member States of the region; 
and 
(2) $2,500,000, to be allocated equally among the 
5 regions described in subsection (b) for region-wide 
activities, including technical assistance and regional 
studies and coordination. 
SEC. 194. OFFICE OF CONSUMER ADVOCACY. 
(a) OFFICE.— 
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293 
(1) ESTABLISHMENT.—There is an Office of 
Consumer Advocacy established within the Commis-
sion to serve as an advocate for the public interest. 
(2) DIRECTOR.—The Office shall be headed by a 
Director to be appointed by the President, who is ad-
mitted to the Federal Bar, with experience in public 
utility proceedings, and by and with the advice and 
consent of the Senate. 
(3) DUTIES.—The Office may— 
(A) represent, and appeal on behalf of, en-
ergy customers on matters concerning rates or 
service of public utilities and natural gas compa-
nies under the jurisdiction of the Commission— 
(i) at hearings of the Commission; 
(ii) in judicial proceedings in the 
courts of the United States; and 
(iii) at hearings or proceedings of other 
Federal regulatory agencies and commis-
sions; 
(B) monitor and review energy customer 
complaints and grievances on matters concerning 
rates or service of public utilities and natural 
gas companies under the jurisdiction of the Com-
mission; 
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294 
(C) investigate independently, or within the 
context of formal proceedings, the services pro-
vided by, the rates charged by, and the valuation 
of the properties of, public utilities and natural 
gas companies under the jurisdiction of the Com-
mission; 
(D) develop means, such as public dissemi-
nation of information, consultative services, and 
technical assistance, to ensure, to the maximum 
extent practicable, that the interests of energy 
consumers are adequately represented in the 
course of any hearing or proceeding described in 
subparagraph (A); 
(E) collect data concerning rates or service 
of public utilities and natural gas companies 
under the jurisdiction of the Commission; and 
(F) prepare and issue reports and rec-
ommendations. 
(4) COMPENSATION AND POWERS.—The Director 
may— 
(A) employ and fix the compensation of 
such staff personnel as is deemed necessary; and 
(B) procure temporary and intermittent 
services as needed. 
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(5) ACCESS
TO
INFORMATION.—Each depart-
ment, agency, and instrumentality of the Federal 
Government is authorized and directed to furnish to 
the Director such reports and other information as he 
deems necessary to carry out his functions under this 
section. 
(b) CONSUMER ADVOCACY ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT.—The Director shall estab-
lish an advisory committee to be known as Consumer 
Advocacy Advisory Committee (in this section re-
ferred to as the ‘‘Advisory Committee’’) to review 
rates, services, and disputes and to make rec-
ommendations to the Director. 
(2) COMPOSITION.—The Director shall appoint 5 
members to the Advisory Committee including— 
(A) 2 individuals representing State Utility 
Consumer Advocates; and 
(B) 1 individual, from a nongovernmental 
organization, representing consumers. 
(3) MEETINGS.—The Advisory Committee shall 
meet at such frequency as may be required to carry 
out its duties. 
(4) REPORTS.—The Director shall provide for 
publication of recommendations of the Advisory Com-
mittee on the public website established for the Office. 
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(5) DURATION.—Notwithstanding any other pro-
vision of law, the Advisory Committee shall continue 
in operation during the period in which the Office ex-
ists. 
(6) APPLICATION OF FACA.—Except as otherwise 
specifically provided, the Advisory Committee shall be 
subject to the Federal Advisory Committee Act. 
(c) DEFINITIONS.— 
(1) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(2) ENERGY CUSTOMER.—The term ‘‘energy cus-
tomer’’ means a residential customer or a small com-
mercial customer that receives products or services 
from a public utility or natural gas company under 
the jurisdiction of the Commission. 
(3) NATURAL GAS COMPANY.—The term ‘‘natural 
gas company’’ has the meaning given the term in sec-
tion 2 of the Natural Gas Act (15 U.S.C. 717a), as 
modified by section 601(a) of the Natural Gas Policy 
Act of 1978 (15 U.S.C. 3431(a)). 
(4) OFFICE.—The term ‘‘Office’’ means the Office 
of Consumer Advocacy established by subsection 
(a)(1). 
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297 
(5) PUBLIC UTILITY.—The term ‘‘public utility’’ 
has the meaning given the term in section 201(e) of 
the Federal Power Act (16 U.S.C. 824(e)). 
(6) SMALL COMMERCIAL CUSTOMER.—The term 
‘‘small commercial customer’’ means a commercial 
customer that has a peak demand of not more than 
1,000 kilowatts per hour. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized such sums as necessary to carry out this section. 
(e) SAVINGS CLAUSE.—Nothing in this section affects 
the rights or obligations of State Utility Consumer Advo-
cates. 
TITLE II—ENERGY EFFICIENCY 
Subtitle A—Building Energy 
Efficiency Programs 
SEC. 201. GREATER ENERGY EFFICIENCY IN BUILDING 
CODES. 
Section 304 of the Energy Conservation and Produc-
tion Act (42 U.S.C. 6833) is amended to read as follows: 
‘‘SEC. 304. GREATER ENERGY EFFICIENCY IN BUILDING 
CODES. 
‘‘(a) ENERGY EFFICIENCY TARGETS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) or (3), the national building code energy ef-
ficiency target for the national average percentage 
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improvement of a building’s energy performance when 
built to a code meeting the target shall be— 
‘‘(A) effective on the date of enactment of 
the American Clean Energy and Security Act of 
2009, 30 percent reduction in energy use relative 
to a comparable building constructed in compli-
ance with the baseline code; 
‘‘(B) effective January 1, 2014, for residen-
tial buildings, and January 1, 2015, for com-
mercial buildings, 50 percent reduction in en-
ergy use relative to the baseline code; and 
‘‘(C) effective January 1, 2017, for residen-
tial buildings, and January 1, 2018, for com-
mercial buildings, and every 3 years thereafter, 
respectively, through January 1, 2029, and Jan-
uary 1, 2030, 5 percent additional reduction in 
energy use relative to the baseline code. 
‘‘(2) CONSENSUS-BASED CODES.—If on any effec-
tive date specified in paragraph (1)(A), (B), or (C) 
a successor code to the baseline codes provides for 
greater reduction in energy use than is required 
under paragraph (1), the overall percentage reduction 
in energy use provided by that successor code shall be 
the national building code energy efficiency target. 
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‘‘(3) TARGETS ESTABLISHED BY SECRETARY.— 
The Secretary may by rule establish a national build-
ing code energy efficiency target for residential or 
commercial buildings achieving greater reductions in 
energy use than the targets prescribed in paragraph 
(1) or (2) if the Secretary determines that such great-
er reductions in energy use can be achieved with a 
code that is life cycle cost-justified and technically 
feasible. The Secretary may by rule establish a na-
tional building code energy efficiency target for resi-
dential or commercial buildings achieving a reduction 
in energy use that is greater than zero but less than 
the targets prescribed in paragraph (1) or (2) if the 
Secretary determines that such lesser target is the 
maximum reduction in energy use that can be 
achieved through a code that is life cycle cost-justified 
and technically feasible. 
‘‘(4) 
ADDITIONAL
REDUCTIONS
IN
ENERGY 
USE.—Effective on January 1, 2033, and once every 
3 years thereafter, the Secretary shall determine, after 
notice and opportunity for comment, whether further 
energy efficiency building code improvements for resi-
dential or commercial buildings, respectively, are life 
cycle cost-justified and technically feasible, and shall 
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establish updated national building code energy effi-
ciency targets that meet such criteria. 
‘‘(5) ZERO-NET-ENERGY BUILDINGS.—In setting 
targets under this subsection, the Secretary shall con-
sider ways to support the deployment of distributed 
renewable energy technology, and shall seek to achieve 
the goal of zero-net-energy commercial buildings es-
tablished in section 422 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17082). 
‘‘(6) BASELINE CODE.—For purposes of this sec-
tion, the term ‘baseline code’ means— 
‘‘(A) for residential buildings, the 2006 
International Energy Conservation Code (IECC) 
published by the International Code Council; 
and 
‘‘(B) for commercial buildings, the code 
published in ASHRAE Standard 90.1-2004. 
‘‘(7) CONSULTATION.—In establishing the targets 
required by this section, the Secretary shall consult 
with the Director of the National Institute of Stand-
ards and Technology. 
‘‘(b) 
NATIONAL
ENERGY
EFFICIENCY
BUILDING 
CODES.— 
‘‘(1) REQUIREMENT.— 
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‘‘(A) IN GENERAL.—There shall be estab-
lished national energy efficiency building codes 
under this subsection, for residential and com-
mercial buildings, sufficient to meet each of the 
national building code energy efficiency targets 
established under subsection (a), not later than 
the date that is one year after the deadline for 
establishment of each such target. 
‘‘(B) EXISTING
CODE.—If the Secretary 
finds prior to the date one year after the dead-
line for establishing a target that one or more 
energy efficiency building codes published by a 
recognized consensus-based code development or-
ganization meet or exceed the established target, 
the Secretary shall select the code that meets the 
target with the highest efficiency in the most 
cost-effective manner, and such code shall be the 
national energy efficiency building code. 
‘‘(C) REQUIREMENT TO ESTABLISH CODE.— 
If the Secretary does not make a finding under 
subparagraph (B), the national energy efficiency 
building code shall be established by rule by the 
Secretary under paragraph (2). 
‘‘(2) ESTABLISHMENT BY SECRETARY.— 
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302 
‘‘(A) PROCEDURE.—In order to establish a 
national energy efficiency building code as re-
quired under paragraph (1)(C), the Secretary 
shall— 
‘‘(i) not later than six months prior to 
the effective date for each target, review ex-
isting and proposed codes published or 
under review by recognized consensus-based 
code development organizations; 
‘‘(ii) determine the percentage of en-
ergy efficiency improvements that are or 
would be achieved in such published or pro-
posed code versions relative to the target; 
‘‘(iii) propose improvements to such 
published or proposed code versions suffi-
cient to meet or exceed the target; and 
‘‘(iv) unless a finding is made under 
paragraph (1)(B) with respect to a code 
published by a recognized consensus-based 
code development organization, adopt a code 
that meets or exceeds the relevant national 
building code energy efficiency target by not 
later than one year after the effective date 
of such target. 
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‘‘(B) CALCULATIONS.—Each code estab-
lished by the Secretary under this paragraph 
shall be set at the maximum level the Secretary 
determines is life cycle cost-justified and tech-
nically feasible, in accordance with the following: 
‘‘(i) 
SAVINGS
CALCULATIONS.—Cal-
culations of energy savings shall take into 
account the typical lifetimes of different 
products, measures, and system configura-
tions. 
‘‘(ii) COST-EFFECTIVENESS
CALCULA-
TIONS.—Calculations of life cycle cost-effec-
tiveness shall be based on life cycle cost 
methods and procedures under section 544 
of the National Energy Conservation Policy 
Act (42 U.S.C. 8254), but shall incorporate 
to the extent feasible externalities such as 
impacts on climate change and on peak en-
ergy demand that are not already incor-
porated in assumed energy costs. 
‘‘(C) CONSIDERATIONS.—In developing a 
national energy efficiency building code under 
this paragraph, the Secretary shall consider— 
‘‘(i) for residential codes— 
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‘‘(I) residential building stand-
ards 
published 
or 
proposed 
by 
ASHRAE; 
‘‘(II) residential building codes 
published or proposed in the Inter-
national Energy Conservation Code 
(IECC); 
‘‘(III) data from the Residential 
Energy Services Network (RESNET) 
on compliance measures utilized by 
consumers to qualify for the residential 
energy efficiency tax credits established 
under the Energy Policy Act of 2005; 
‘‘(IV) data and information from 
the Department of Energy’s Building 
America Program; 
‘‘(V) data and information from 
the Energy Star New Homes program; 
‘‘(VI) data and information from 
the New Building Institute and simi-
lar organizations; and 
‘‘(VII) standards for practices and 
materials to achieve cool roofs in resi-
dential buildings, taking into consider-
ation reduced air conditioning energy 
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use as a function of cool roofs, the po-
tential reduction in global warming 
from increased solar reflectance from 
buildings, and cool roofs criteria in 
State and local building codes and in 
national and local voluntary pro-
grams; and 
‘‘(ii) for commercial codes— 
‘‘(I) commercial building stand-
ards proposed by ASHRAE; 
‘‘(II) commercial building codes 
proposed in the International Energy 
Conservation Code (IECC); 
‘‘(III) the Core Performance Cri-
teria published by the New Buildings 
Institute; 
‘‘(IV) data and information devel-
oped by the Director of the Commercial 
High-Performance Green Building Of-
fice of the Department of Energy and 
any public-private partnerships estab-
lished under that Office; 
‘‘(V) data and information from 
the Energy Star for Buildings pro-
gram; 
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306 
‘‘(VI) data and information from 
the New Building Institute, RESNET, 
and similar organizations; and 
‘‘(VII) standards for practices and 
materials to achieve cool roofs in com-
mercial buildings, taking into consid-
eration reduced air conditioning en-
ergy use as a function of cool roofs, the 
potential reduction in global warming 
from increased solar reflectance from 
buildings, and cool roofs criteria in 
State and local building codes and in 
national and local voluntary pro-
grams. 
‘‘(D) CONSULTATION.—In establishing any 
national energy efficiency building code required 
by this section, the Secretary shall consult with 
the Director of the National Institute of Stand-
ards and Technology. 
‘‘(3) CONSENSUS
STANDARD
ASSISTANCE.—(A) 
To support the development of consensus standards 
that may provide the basis for national energy effi-
ciency building codes, minimize duplication of effort, 
encourage progress through consensus, and facilitate 
the development of greater building efficiency, the Sec-
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307 
retary shall provide assistance to recognized con-
sensus-based code development organizations to de-
velop, and where the relevant code has been adopted 
as the national code, disseminate consensus based en-
ergy efficiency building codes as provided in this 
paragraph. 
‘‘(B) Upon a finding by the Secretary that a 
code developed by such an organization meets a target 
established under subsection (a), the Secretary shall— 
‘‘(i) send notice of the Secretary’s finding to 
all duly authorized or appointed State and local 
code agencies; and 
‘‘(ii) provide sufficient support to such an 
organization to make the code available on the 
Internet, or to accomplish distribution of such 
code to all such State and local code agencies at 
no cost to the State and local code agencies. 
‘‘(C) The Secretary may contract with such an 
organization and with other organizations with ex-
pertise on codes to provide training for State and 
local code officials and building inspectors in the im-
plementation and enforcement of such code. 
‘‘(D) The Secretary may provide grants and 
other support to such an organization to— 
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308 
‘‘(i) develop appropriate refinements to such 
code; and 
‘‘(ii) support analysis of options for im-
provements in the code to meet the next scheduled 
target. 
‘‘(4) CODE DEVELOPED BY SECRETARY.—If the 
Secretary establishes a national energy efficiency 
building code under paragraph (2), the Secretary 
shall— 
‘‘(A) to the extent that such code is based on 
a prior code developed by a recognized consensus- 
based code development organization, negotiate 
and provide appropriate compensation to such 
organization for the use of the code materials 
that remain in the code established by the Sec-
retary; and 
‘‘(B) disseminate the national energy effi-
ciency building codes to State and local code offi-
cials, and support training and provide guid-
ance and technical assistance to such officials as 
appropriate. 
‘‘(c) STATE
ADOPTION
OF
ENERGY
EFFICIENCY 
BUILDING CODES.— 
‘‘(1) REQUIREMENT.—Not later than 1 year 
after a national energy efficiency building code for 
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309 
residential or commercial buildings is established or 
revised under subsection (b), each State— 
‘‘(A) shall— 
‘‘(i) review and update the provisions 
of its building code regarding energy effi-
ciency to meet or exceed the target met in 
the new national code, to achieve equivalent 
or greater energy savings; 
‘‘(ii) document, where local govern-
ments establish building codes, that local 
governments representing not less than 80 
percent of the State’s urban population have 
adopted the new national code, or have 
adopted local codes that meet or exceed the 
target met in the new national code to 
achieve equivalent or greater energy sav-
ings; or 
‘‘(iii) adopt the new national code; and 
‘‘(B) shall provide a certification to the Sec-
retary demonstrating that energy efficiency 
building code provisions that apply throughout 
the State meet or exceed the target met by the 
new national code, to achieve equivalent or 
greater energy savings. 
‘‘(2) CONFIRMATION.— 
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310 
‘‘(A) REQUIREMENT.—Not later than 90 
days after a State certification is provided under 
paragraph (1)(B), the Secretary shall determine 
whether the State’s energy efficiency building 
code provisions meet the requirements of this 
subsection. 
‘‘(B) ACCEPTANCE BY SECRETARY.—If the 
Secretary determines under subparagraph (A) 
that the State’s energy efficiency building code or 
codes meet the requirements of this subsection, 
the Secretary shall accept the certification. 
‘‘(C) DEFICIENCY NOTICE.—If the Secretary 
determines under subparagraph (A) that the 
State’s building code or codes do not meet the re-
quirements of this subsection, the Secretary shall 
identify the deficiency in meeting the national 
building code energy efficiency target, and, to the 
extent possible, indicate areas where further im-
provement in the State’s code provisions would 
allow the deficiency to be eliminated. 
‘‘(D) REVISION OF CODE AND RECERTIFI-
CATION.—A State may revise its code or codes 
and submit a recertification under paragraph 
(1)(B) to the Secretary at any time. 
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311 
‘‘(3) COMPLIANT
CODE.—For the purposes of 
meeting the target described in subsection (a)(1)(A) 
for residential buildings, a State that adopts the code 
represented in California’s Title 24-2009 by the date 
two years after the date of enactment of the American 
Clean Energy and Security Act of 2009 shall be con-
sidered to have met the requirements of this subsection 
for the applicable period. 
‘‘(d) APPLICATION OF NATIONAL CODE TO STATE AND 
LOCAL JURISDICTIONS.— 
‘‘(1) IN GENERAL.—Upon the expiration of 1 
year after a national energy efficiency building code 
is established under subsection (b), in any jurisdic-
tion where the State has not had a certification relat-
ing to that code accepted by the Secretary under sub-
section (c)(2)(B), and the local government has not 
had a certification relating to that code accepted by 
the Secretary under subsection (e)(6)(B), the national 
code shall become the applicable energy efficiency 
building code for such jurisdiction. 
‘‘(2) STATE LEGISLATIVE ADOPTION.—In a State 
in which the relevant building energy code is adopted 
legislatively, the deadline in paragraph (1) shall not 
be earlier than 1 year after the first day that the leg-
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313 
with respect to which a certification was accepted by 
the Secretary under subsection (c)(2)(B) or paragraph 
(6)(B) of this subsection, or the national energy effi-
ciency building codes, as provided in this subsection. 
‘‘(2) STATE CERTIFICATION.—Not later than 2 
years after the date of a certification under subsection 
(c)(1) or the establishment of a national energy effi-
ciency building code under subsection (b), each State 
shall certify that it has— 
‘‘(A) achieved compliance with— 
‘‘(i) State codes, or, as provided under 
State law, local codes, with respect to which 
a certification was accepted by the Sec-
retary under subsection (c)(2)(B); or 
‘‘(ii) the national energy efficiency 
building code, as applicable; or 
‘‘(B) for any certification submitted within 
7 years after the date of enactment of the Amer-
ican Clean Energy and Security Act of 2009, 
made significant progress toward achieving such 
compliance. 
‘‘(3) ACHIEVING COMPLIANCE.—A State shall be 
considered to achieve compliance with a code de-
scribed in paragraph (2)(A) if at least 90 percent of 
new and substantially renovated building space in 
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314 
that State in the preceding year upon inspection 
meets the requirements of the code. A certification 
under paragraph (2) shall include documentation of 
the rate of compliance based on— 
‘‘(A) independent inspections of a random 
sample of the new and substantially renovated 
buildings covered by the code in the preceding 
year; or 
‘‘(B) an alternative method that yields an 
accurate measure of compliance as determined 
by the Secretary. 
‘‘(4) SIGNIFICANT PROGRESS.—A State shall be 
considered to have made significant progress toward 
achieving compliance with a code described in para-
graph (2)(A) if— 
‘‘(A) the State has developed a plan, includ-
ing for hiring enforcement staff, providing train-
ing, providing manuals and checklists, and in-
stituting enforcement programs, designed to 
achieve full compliance within 5 years after the 
date of the adoption of the code; 
‘‘(B) the State is taking significant, timely, 
and measurable action to implement that plan; 
‘‘(C) the State has not reduced its expendi-
tures for code enforcement; and 
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‘‘(D) at least 50 percent of new and sub-
stantially renovated building space in the State 
in the preceding year upon inspection meets the 
requirements of the code. 
‘‘(5) SECRETARY’S DETERMINATION.—Not later 
than 90 days after a State certification under para-
graph (2), the Secretary shall determine whether the 
State has demonstrated that it has complied with the 
requirements of this subsection, including accurate 
measurement of compliance, or that it has made sig-
nificant progress toward compliance. If such deter-
mination is positive, the Secretary shall accept the 
certification. If the determination is negative, the Sec-
retary shall identify the areas of deficiency. 
‘‘(6) OUT OF COMPLIANCE.— 
‘‘(A) IN GENERAL.—Any State for which 
the Secretary has not accepted a certification 
under paragraph (5) by a deadline established 
under this subsection is out of compliance with 
this section. 
‘‘(B) LOCAL
COMPLIANCE.—In any State 
that is out of compliance with this section as 
provided in subparagraph (A), a local govern-
ment may be in compliance with this section by 
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316 
meeting all certification requirements applicable 
to the State. 
‘‘(C) NONCOMPLIANCE.—Any State that is 
not in compliance with this section, as provided 
in subparagraph (A), shall, until the State re-
gains such compliance, be ineligible to receive— 
‘‘(i) emission allowances pursuant to 
subsection (h)(1); 
‘‘(ii) Federal funding in excess of that 
State’s share (calculated according to the al-
location formula in section 363 of the En-
ergy Policy and Conservation Act (42 
U.S.C. 6323)) of $125,000,000 each year; 
and 
‘‘(iii) for— 
‘‘(I) the first year for which the 
State is out of compliance, 25 percent 
of any additional funding or other 
items of monetary value otherwise pro-
vided under the American Clean En-
ergy and Security Act of 2009; 
‘‘(II) the second year for which 
the State is out of compliance, 50 per-
cent of any additional funding or other 
items of monetary value otherwise pro-
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317 
vided under the American Clean En-
ergy and Security Act of 2009; 
‘‘(III) the third year for which the 
State is out of compliance, 75 percent 
of any additional funding or other 
items of monetary value otherwise pro-
vided under the American Clean En-
ergy and Security Act of 2009; and 
‘‘(IV) the fourth and subsequent 
years for which the State is out of com-
pliance, 100 percent of any additional 
funding or other items of monetary 
value otherwise provided under the 
American Clean Energy and Security 
Act of 2009. 
‘‘(f) FEDERAL ENFORCEMENT.—Where a State fails 
and local governments in that State also fail to enforce the 
applicable State or national energy efficiency building 
codes, the Secretary shall enforce such codes, as follows: 
‘‘(1) The Secretary shall establish, by rule, with-
in 2 years after the date of enactment of the Amer-
ican Clean Energy and Security Act of 2009, an en-
ergy efficiency building code enforcement capability. 
‘‘(2) Such enforcement capability shall be de-
signed to achieve 90 percent compliance with such 
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318 
code in any State within 1 year after the date of the 
Secretary’s determination that such State is out of 
compliance with this section. 
‘‘(3) The Secretary may set and collect reason-
able inspection fees to cover the costs of inspections re-
quired for such enforcement. Revenue from fees col-
lected shall be available to the Secretary to carry out 
the requirements of this section upon appropriation. 
‘‘(g) ENFORCEMENT PROCEDURES.—The Secretary 
shall propose and, not later than three years after the date 
of enactment of the American Clean Energy and Security 
Act of 2009, shall determine and adopt by rule what shall 
constitute violations of the energy efficiency building codes 
to be enforced pursuant to this section, and the penalties 
that shall apply to violators. To the extent that the Sec-
retary determines that the authority to adopt and impose 
such violations and penalties by rule requires further statu-
tory authority, the Secretary shall report such determina-
tion to Congress as soon as such determination is made, 
but not later than one year after the enactment of the Amer-
ican Clean Energy and Security Act of 2009. 
‘‘(h) FEDERAL SUPPORT.— 
‘‘(1) ALLOWANCE ALLOCATION FOR STATE COM-
PLIANCE.—For each vintage year from 2012 through 
2050, the Administrator shall distribute allowances 
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319 
allocated pursuant to section 782(g)(2) of the Clean 
Air Act to the SEED Account for each State that the 
Secretary identifies as a State from which he has ac-
cepted the State’s certification under subsection (e)(5) 
for compliance with the then current national energy 
efficiency building codes. Such allowances shall be 
distributed according to a formula established by the 
Secretary as follows: 
‘‘(A) One-fifth in an equal amount to each 
of the 50 States and United States territories. 
‘‘(B) Two-fifths as a function of the relative 
energy use in all buildings in each State in the 
most recent year for which data is available. 
‘‘(C) Two-fifths based on the number of 
building construction starts recorded in each 
State, the number of new building permits ap-
plied for in each State, or other relevant avail-
able data indicating building activity in each 
State, in the judgment of the Secretary, for the 
year prior to the year of the distribution. 
‘‘(2) ALLOWANCE ALLOCATION TO LOCAL GOV-
ERNMENTS.—In the instance that the Secretary cer-
tifies that one or more local governments are in com-
pliance with this section pursuant to subsection 
(e)(6)(B), the Administrator shall provide to each 
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320 
such local government the portion of the emission al-
lowances that would have been provided to that State 
as a function of the population of that locality as a 
proportion of the population of that State as a whole. 
‘‘(3) UNALLOCATED ALLOWANCES.—To the extent 
that allowances are not provided to State or local gov-
ernments for lack of certification in any year, those 
allowances shall be added to the amount provided to 
those States and local governments that are certified 
as eligible in that year. 
‘‘(4) USE OF ALLOWANCES.—Each State or each 
local government shall use such emission allowances 
as it receives pursuant to this section exclusively for 
the purposes of this section, including covering a rea-
sonable portion of the costs of the development, adop-
tion, implementation, and enforcement of a State or 
local energy efficiency building code with respect to 
which a certification is accepted by the Secretary 
under subsection (c)(2)(B) or subsection (e)(6)(B), or 
the national energy efficiency building code. In a 
State where local governments provide building code 
enforcement, a minimum of 50 percent of the allow-
ance value received pursuant to this section shall be 
distributed to local governments as a function of the 
relative populations of such localities. 
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321 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Energy 
$100,000,000 for each of fiscal years 2010 through 2020 and 
such sums thereafter as may be necessary to support the 
purposes of this section. 
‘‘(j) ANNUAL REPORTS
BY SECRETARY.—The Sec-
retary shall annually submit to Congress, and publish in 
the Federal Register, a report on— 
‘‘(1) the status of national building energy effi-
ciency codes; 
‘‘(2) the status of energy efficiency building code 
adoption and compliance in the States; 
‘‘(3) the implementation of this section; and 
‘‘(4) impacts of past action under this section, 
and potential impacts of further action, on lifetime 
energy use by buildings, including resulting energy 
and cost savings.’’. 
SEC. 202. BUILDING RETROFIT PROGRAM. 
(a) DEFINITIONS.—For purposes of this section: 
(1) 
NONRESIDENTIAL
BUILDING.—The 
term 
‘‘nonresidential building’’ means a building with a 
primary use or purpose other than residential hous-
ing, including commercial offices, schools, academic 
and other public and private institutions, nonprofit 
organizations, hospitals, hotels, and houses of wor-
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322 
ship. Such buildings shall include mixed-use prop-
erties used for both residential and nonresidential 
purposes in which more than half of building floor 
space is nonresidential. 
(2) PERFORMANCE-BASED
BUILDING
RETROFIT 
PROGRAM.—The term ‘‘performance-based building 
retrofit program’’ means a program that determines 
building energy efficiency success based on actual 
measured savings after a retrofit is complete, as evi-
denced by energy invoices or evaluation protocols. 
(3) PRESCRIPTIVE
BUILDING
RETROFIT
PRO-
GRAM.—The term ‘‘prescriptive building retrofit pro-
gram’’ means a program that projects building ret-
rofit energy efficiency success based on the known ef-
fectiveness of measures prescribed to be included in a 
retrofit. 
(4) RECOMMISSIONING; RETROCOMMISSIONING.— 
The 
terms 
‘‘recommissioning’’ 
and 
‘‘retrocommissioning’’ have the meaning given those 
terms in section 543(f)(1) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(f)(1)). 
(5) RESIDENTIAL
BUILDING.—The term ‘‘resi-
dential building’’ means a building whose primary 
use is residential. Such buildings shall include single- 
family homes (both attached and detached), owner-oc-
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323 
cupied units in larger buildings with their own dedi-
cated space-conditioning systems, and buildings used 
for both residential and nonresidential purposes in 
which more than half of building floor space is resi-
dential. 
(6) STATE ENERGY PROGRAM.—The term ‘‘State 
Energy Program’’ means the program under part D 
of title III of the Energy Policy and Conservation Act 
(42 U.S.C. 6321 et seq.). 
(b) ESTABLISHMENT.—The Administrator shall de-
velop and implement, in consultation with the Secretary 
of Energy, standards for a national energy and environ-
mental building retrofit policy for single-family and multi-
family residences. The Administrator shall develop and im-
plement, in consultation with the Secretary of Energy and 
the Director of Commercial High-Performance Green Build-
ings, standards for a national energy and environmental 
building retrofit policy for nonresidential buildings. The 
programs to implement the residential and nonresidential 
policies based on the standards developed under this section 
shall together be known as the Retrofit for Energy and En-
vironmental Performance (REEP) program. 
(c) PURPOSE.—The purpose of the REEP program is 
to facilitate the retrofitting of existing buildings across the 
United States to achieve maximum cost-effective energy effi-
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324 
ciency improvements and significant improvements in 
water use and other environmental attributes. 
(d) FEDERAL ADMINISTRATION.— 
(1) EXISTING PROGRAMS.— In creating and op-
erating the REEP program— 
(A) the Administrator shall make appro-
priate use of existing programs, including the 
Energy Star program and in particular the En-
vironmental Protection Agency Energy Star for 
Buildings program; and 
(B) the Secretary of Energy shall make ap-
propriate use of existing programs, including 
delegating authority to the Director of Commer-
cial High-Performance Green Buildings ap-
pointed under section 421 of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 
17081), who shall designate and provide funding 
to support a high-performance green building 
partnership consortium pursuant to subsection 
(f) of such section to support efforts under this 
section. 
(2) CONSULTATION
AND
COORDINATION.—The 
Administrator and the Secretary of Energy shall con-
sult with and coordinate with the Secretary of Hous-
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325 
ing and Urban Development in carrying out the 
REEP program. 
(3) ASSISTANCE.—The Administrator and the 
Secretary of Energy shall provide consultation and 
assistance to State and local agencies for the estab-
lishment of revolving loan funds, loan guarantees, or 
other forms of financial assistance under this section. 
(e) STATE AND LOCAL ADMINISTRATION.— 
(1) DESIGNATION
AND
DELEGATION.—A State 
may designate one or more agencies or entities, in-
cluding those regulated by the State, to carry out the 
purposes of this section, but shall designate one entity 
or individual as the principal point of contact for the 
Administrator regarding the REEP Program. The 
designated State agency, agencies, or entities may del-
egate performance of appropriate elements of the 
REEP program, upon their request and subject to 
State law, to counties, municipalities, appropriate 
public agencies, and other divisions of local govern-
ment, as well as to entities regulated by the State. In 
making any such designation or delegation, a State 
shall give priority to entities that administer existing 
comprehensive retrofit programs, including those 
under the supervision of State utility regulators. 
States shall maintain responsibility for meeting the 
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standards and requirements of the REEP program. 
In any State that elects not to administer the REEP 
program, a unit of local government may propose to 
do so within its jurisdiction, and if the Administrator 
finds that such local government is capable of admin-
istering the program, the Administrator may provide 
allowances to that local government, prorated accord-
ing to the population of the local jurisdiction relative 
to the population of the State, for purposes of the 
REEP program. 
(2) EMPLOYMENT.—States and local government 
entities may administer a REEP program in a man-
ner that authorizes public or regulated investor-owned 
utilities, building auditors and inspectors, contrac-
tors, nonprofit organizations, for-profit companies, 
and other entities to perform audits and retrofit serv-
ices under this section. A State may provide incen-
tives for retrofits without direct participation by the 
State or its agents, so long as the resulting savings 
are measured and verified. A State or local adminis-
trator of a REEP program shall seek to ensure that 
sufficient qualified entities are available to support 
retrofit activities so that building owners have a com-
petitive choice among qualified auditors, raters, con-
tractors, and providers of services related to retrofits. 
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Nothing in this section is intended to preclude or pre-
empt the right of a building owner to choose the spe-
cific providers of retrofit services to engage for a ret-
rofit project in that owner’s building. 
(3) EQUAL
INCENTIVES
FOR
EQUAL
IMPROVE-
MENT.—In general, the States should strive to offer 
the same levels of incentives for retrofits that meet the 
same efficiency improvement goals, regardless of 
whether the State, its agency or entity, or the build-
ing owner has conducted the retrofit achieving the im-
provement, provided the improvement is measured 
and verified. 
(f) ELEMENTS OF REEP PROGRAM.—The Adminis-
trator, in consultation with the Secretary of Energy, shall 
establish goals, guidelines, practices, and standards for ac-
complishing the purpose stated in subsection (c), and shall 
annually review and, as appropriate, revise such goals, 
guidelines, practices, and standards. The program under 
this section shall include the following: 
(1) 
Residential 
Energy 
Services 
Network 
(RESNET) or Building Performance Institute (BPI) 
analyst certification of residential building energy 
and environment auditors, inspectors, and raters, or 
an equivalent certification system as determined by 
the Administrator. 
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(2) BPI certification or licensing by States of 
residential building energy and environmental retrofit 
contractors, or an equivalent certification or licensing 
system as determined by the Administrator. 
(3) Provision of BPI, RESNET, or other appro-
priate information on equipment and procedures, as 
determined by the Administrator, that contractors can 
use to test the energy and environmental efficiency of 
buildings effectively (such as infrared photography 
and pressurized testing, and tests for water use and 
indoor air quality). 
(4) Provision of clear and effective materials to 
describe the testing and retrofit processes for typical 
buildings. 
(5) Guidelines for offering and managing pre-
scriptive building retrofit programs and performance- 
based building retrofit programs for residential and 
nonresidential buildings. 
(6) Guidelines for applying recommissioning 
and retrocommissioning principles to improve a 
building’s operations and maintenance procedures. 
(7) A requirement that building retrofits con-
ducted pursuant to a REEP program utilize, espe-
cially in all air-conditioned buildings, roofing mate-
rials with high solar energy reflectance, unless inap-
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propriate due to green roof management, solar energy 
production, or for other reasons identified by the Ad-
ministrator, in order to reduce energy consumption 
within the building, increase the albedo of the build-
ing’s roof, and decrease the heat island effect in the 
area of the building. 
(8) Determination of energy savings in a per-
formance-based building retrofit program through— 
(A) for residential buildings, comparison of 
before and after retrofit scores on the Home En-
ergy Rating System (HERS) Index, where the 
final score is produced by an objective third 
party; 
(B) for nonresidential buildings, Environ-
mental Protection Agency Portfolio Manager 
benchmarks; or 
(C) for either residential or nonresidential 
buildings, use of an Administrator-approved 
simulation program by a contractor with the ap-
propriate certification, subject to appropriate 
software standards and verification of at least 15 
percent of all work done, or such other percent-
age as the Administrator may determine. 
(9) Guidelines for utilizing the Energy Star 
Portfolio Manager, the Home Energy Rating System 
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(HERS) rating system, Home Performance with En-
ergy Star program approvals, and any other tools as-
sociated with the retrofit program. 
(10) Requirements and guidelines for post-ret-
rofit inspection and confirmation of work and energy 
savings. 
(11) Detailed descriptions of funding options for 
the benefit of State and local governments, along with 
model forms, accounting aids, agreements, and guides 
to best practices. 
(12) Guidance on opportunities for— 
(A) rating or certifying retrofitted buildings 
as Energy Star buildings, or as green buildings 
under a recognized green building rating system; 
(B) assigning Home Energy Rating System 
(HERS) or similar ratings; and 
(C) completing any applicable building per-
formance labels. 
(13) Sample materials for publicizing the pro-
gram to building owners, including public service an-
nouncements and advertisements. 
(14) Processes for tracking the numbers and loca-
tions of buildings retrofitted under the REEP pro-
gram, with information on projected and actual sav-
ings of energy and its value over time. 
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(g) REQUIREMENTS.—As a condition of receiving al-
lowances for the REEP program pursuant to this Act, a 
State or qualifying local government shall— 
(1) adopt the standards for training, certifi-
cation of contractors, certification of buildings, and 
post-retrofit inspection as developed by the Adminis-
trator for residential and nonresidential buildings, re-
spectively, except as necessary to match local condi-
tions, needs, efficiency opportunities, or other local 
factors, or to accord with State laws or regulations, 
and then only after the Administrator approves such 
a variance; and 
(2) establish fiscal controls and accounting pro-
cedures (which conform to generally accepted govern-
ment accounting principles) sufficient to ensure prop-
er accounting during appropriate accounting periods 
for payments received and disbursements, and for 
fund balances. 
The Administrator shall conduct or require each State to 
have such independent financial audits of REEP-related 
funding as the Administrator considers necessary or appro-
priate to carry out the purposes of this section. 
(h) OPTIONS
TO SUPPORT REEP PROGRAM.—The 
emission allowances provided pursuant to this Act to the 
States’ SEED Accounts shall support the implementation 
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through State REEP programs of alternate means of cre-
ating incentives for, or reducing financial barriers to, im-
proved energy and environmental performance in buildings, 
consistent with this section, including— 
(1) implementing prescriptive building retrofit 
programs and performance-based building retrofit 
programs; 
(2) providing credit enhancement, interest rate 
subsidies, loan guarantees, or other credit support; 
(3) providing initial capital for public revolving 
fund financing of retrofits, with repayments by bene-
ficiary building owners over time through their tax 
payments, calibrated to create net positive cash flow 
to the building owner; 
(4) providing funds to support utility-operated 
retrofit programs with repayments over time through 
utility rates, calibrated to create net positive cash 
flow to the building owner, and transferable from one 
building owner to the next with the building’s utility 
services; 
(5) providing funds to local government pro-
grams to provide REEP services and financial assist-
ance; and 
(6) other means proposed by State and local 
agencies, subject to the approval of the Administrator. 
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(i) SUPPORT FOR PROGRAM.— 
(1) USE OF ALLOWANCES.—Direct Federal sup-
port for the REEP program is provided through the 
emission allowances allocated to the States’ SEED 
Accounts pursuant to section 132 of this Act. To the 
extent that a State provides allowances to local gov-
ernments within the State to implement elements of 
the REEP Program, that shall be deemed a distribu-
tion of such allowances to units of local government 
pursuant to subsection (c)(1) of that section. 
(2) INITIAL AWARD LIMITS.—Except as provided 
in paragraph (3), State and local REEP programs 
may make per-building direct expenditures for ret-
rofit improvements, or their equivalent in indirect or 
other forms of financial support, from funds derived 
from the sale of allowances received directly from the 
Administrator in amounts not to exceed the following: 
(A) RESIDENTIAL BUILDING PROGRAM.— 
(i) AWARDS.—For residential build-
ings— 
(I) support for a free or low-cost 
detailed building energy audit that 
prescribes, as part of a energy-reducing 
measures sufficient to achieve at least a 
20 percent reduction in energy use, by 
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providing an incentive equal to the 
documented cost of such audit, but not 
more than $200, in addition to any 
earned by achieving a 20 percent or 
greater efficiency improvement; 
(II) a total of $1,000 for a com-
bination of measures, prescribed in an 
audit conducted under subclause (I), 
designed to reduce energy consumption 
by more than 10 percent, and $2,000 
for a combination of measures pre-
scribed in such an audit, designed to 
reduce energy consumption by more 
than 20 percent; 
(III) $3,000 for demonstrated sav-
ings of 20 percent, pursuant to a per-
formance-based building retrofit pro-
gram; and 
(IV) $1,000 for each additional 5 
percentage points of energy savings 
achieved beyond savings for which 
funding is provided under subclause 
(II) or (III). 
Funding shall not be provided under clauses 
(II) and (III) for the same energy savings. 
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(ii) MAXIMUM PERCENTAGE.—Awards 
under clause (i) shall not exceed 50 percent 
of retrofit costs for each building. For build-
ings with multiple residential units, awards 
under clause (i) shall not be greater than 50 
percent of the total cost of retrofitting the 
building, prorated among individual resi-
dential units on the basis of relative costs of 
the retrofit. 
(iii) 
ADDITIONAL
AWARDS.—Addi-
tional awards may be provided for purposes 
of increasing energy efficiency, for buildings 
achieving at least 20 percent energy savings 
using funding provided under clause (i), in 
the form of grants of not more than $600 
for measures projected or measured (using 
an appropriate method approved by the Ad-
ministrator) to achieve at least 35 percent 
potable water savings through equipment or 
systems with an estimated service life of not 
less than seven years, and not more than an 
additional $20 may be provided for each 
additional one percent of such savings, up 
to a maximum total grant of $1,200. 
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(B) 
NONRESIDENTIAL
BUILDING
PRO-
GRAM.— 
(i) 
AWARDS.—For 
nonresidential 
buildings— 
(I) support for a free or low-cost 
detailed building energy audit that 
prescribes, as part of a energy-reducing 
measures sufficient to achieve at least a 
20 percent reduction in energy use, by 
providing an incentive equal to the 
documented cost of such audit, but not 
more than $500, in addition to any 
award earned by achieving a 20 per-
cent or greater efficiency improvement; 
(II) $0.15 per square foot of ret-
rofit area for demonstrated energy use 
reductions from 20 percent to 30 per-
cent; 
(III) $0.75 per square foot for 
demonstrated energy use reductions 
from 30 percent to 40 percent; 
(IV) $1.60 per square foot for 
demonstrated energy use reductions 
from 40 percent to 50 percent; and 
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(V) $2.50 per square foot for dem-
onstrated energy use reductions exceed-
ing 50 percent. 
(ii) 
MAXIMUM
PERCENTAGE.— 
Amounts provided under subclauses (II) 
through (V) of clause (i) combined shall not 
exceed 50 percent of the total retrofit cost of 
a building. In nonresidential buildings with 
multiple units, such awards shall be pro-
rated among individual units on the basis 
of relative costs of the retrofit. 
(iii) 
ADDITIONAL
AWARDS.—Addi-
tional awards may be provided, for build-
ings achieving at least 20 percent energy 
savings using funding provided under 
clause (i), as follows: 
(I) WATER.—For purposes of in-
creasing energy efficiency, grants may 
be made for whole building potable 
water use reduction (using an appro-
priate method approved by the Sec-
retary of Energy) for up to 50 percent 
of the total retrofit cost, including 
amounts up to— 
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(aa) $24.00 per thousand 
gallons per year of potable water 
savings of 40 percent or more; 
(bb) $27.00 per thousand gal-
lons per year of potable water sav-
ings of 50 percent or more; and 
(cc) $30.00 per thousand gal-
lons per year of potable water sav-
ings of 60 percent or more. 
(II) ENVIRONMENTAL
IMPROVE-
MENTS.—Additional awards of up to 
$1,000 may be granted for the inclu-
sion of other environmental attributes 
that the Secretary, in consultation 
with the Administrator, identifies as 
contributing to energy efficiency. Such 
attributes may include, but are not 
limited to waste diversion and the use 
of environmentally preferable materials 
(including salvaged, renewable, or re-
cycled materials, and materials with 
no or low-VOC content). The Adminis-
trator may recommend that States de-
velop such standards as are necessary 
to account for local or regional condi-
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339 
tions that may affect the feasibility or 
availability of identified resources and 
attributes. 
(iv) INDOOR AIR QUALITY MINIMUM.— 
Nonresidential buildings receiving incen-
tives under this section must satisfy at a 
minimum the most recent version of 
ASHRAE Standard 62.1 for ventilation, or 
the equivalent as determined by the Admin-
istrator. A State may issue a waiver from 
this requirement to a building project on a 
showing that such compliance is infeasible 
due to the physical constraints of the build-
ing’s existing ventilation system, or such 
other limitations as may be specified by the 
Administrator. 
(C) 
HISTORIC
BUILDINGS.—Notwith-
standing subparagraphs (A) and (B), a building 
in or eligible for the National Register of His-
toric Places shall be eligible for awards under 
this paragraph in amounts up to 120 percent of 
the amounts set forth in subparagraphs (A) and 
(B). 
(D) SUPPLEMENTAL SUPPORT.—State and 
local governments may supplement the per-build-
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340 
ing expenditures under this paragraph with 
funding from other sources. 
(3) ADJUSTMENT.—The Administrator may ad-
just the specific dollar limits funded by the sale of al-
lowances pursuant to paragraph (2) in years subse-
quent to the second year after the date of enactment 
of this Act, and every 2 years thereafter, as the Ad-
ministrator determines necessary to achieve optimum 
cost-effectiveness and to maximize incentives to 
achieve energy efficiency within the total building 
award amounts provided in that paragraph, and 
shall publish and hold constant such revised limits for 
at least 2 years. 
(j) REPORT TO CONGRESS.—The Administrator shall 
conduct an annual assessment of the achievements of the 
REEP program in each State, shall prepare an annual re-
port of such achievements and any recommendations for 
program modifications, and shall provide such report to 
Congress at the end of each fiscal year during which fund-
ing or other resources were made available to the States for 
the REEP Program. 
(k) OTHER SOURCES OF FEDERAL SUPPORT.— 
(1) 
ADDITIONAL
STATE
ENERGY
PROGRAM 
FUNDS.—Any Federal funding provided to a State 
Energy Program that is not required to be expended 
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for a different federally designated purpose may be 
used to support a REEP program. 
(2) PROGRAM ADMINISTRATION.—State Energy 
Offices or designated State agencies may expend up 
to 10 percent of available allowance value provided 
under this section for program administration. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated for the pur-
poses of this section, for each of fiscal years 2010, 
2011, 2012, and 2013— 
(A) $50,000,000 to the Administrator for 
program administration costs; and 
(B) $20,000,000 to the Secretary of Energy 
for program administration costs. 
SEC. 203. ENERGY EFFICIENT MANUFACTURED HOMES. 
(a) DEFINITIONS.—In this section: 
(1) MANUFACTURED HOME.—The term ‘‘manu-
factured home’’ has the meaning given such term in 
section 603 of the National Manufactured Housing 
Construction and Safety Standards Act of 1974 (42 
U.S.C. 5402). 
(2) ENERGY
STAR
QUALIFIED
MANUFACTURED 
HOME.—The term ‘‘Energy Star qualified manufac-
tured home’’ means a manufactured home that has 
been designed, produced, and installed in accordance 
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with Energy Star’s guidelines by an Energy Star cer-
tified plant. 
(b) PURPOSE.—The purpose of this section is to assist 
low-income households residing in manufactured homes 
constructed prior to 1976 to save energy and energy expend-
itures by providing support toward the purchase of new En-
ergy Star qualified manufactured homes. 
(c) STATE IMPLEMENTATION OF PROGRAM.— 
(1) MANUFACTURED HOME REPLACEMENT PRO-
GRAM.—Any State may provide to the owner of a 
manufactured home constructed prior to 1976 a re-
bate to use toward the purchase of a new Energy Star 
qualified manufactured home pursuant to this section. 
(2) USE OF ALLOWANCES.—Direct Federal sup-
port for the program established in this section is pro-
vided through the emission allowances allocated to the 
States’ SEED Accounts pursuant to section 132 of 
this Act. To the extent that a State provides allow-
ances to local governments within the State to imple-
ment this program, that shall be deemed a distribu-
tion of such allowances to units of local government 
pursuant to subsection (c)(1) of that section. 
(3) REBATES.— 
(A) PRIMARY RESIDENCE REQUIREMENT.— 
A rebate described under paragraph (1) may 
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only be made to an owner of a manufactured 
home constructed prior to 1976 that is used on 
a year-round basis as a primary residence. 
(B) DISMANTLING AND REPLACEMENT.—A 
rebate described under paragraph (1) may be 
made only if the manufactured home constructed 
prior to 1976 will be— 
(i) rendered unusable for human habi-
tation (including appropriate recycling); 
and 
(ii) replaced, in the same general loca-
tion, as determined by the applicable State 
agency, with an Energy Star qualified 
manufactured home. 
(C) SINGLE
REBATE.—A rebate described 
under paragraph (1) may not be provided to any 
owner of a manufactured home constructed prior 
to 1976 that was or is a member of a household 
for which any other member of the household was 
provided a rebate pursuant to this section. 
(D) ELIGIBLE HOUSEHOLDS.—To be eligi-
ble to receive a rebate described under paragraph 
(1), an owner of a manufactured home con-
structed prior to 1976 shall demonstrate to the 
applicable State agency that the total income of 
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all members the owner’s household does not ex-
ceed 200 percent of the Federal poverty level for 
income in the applicable area. 
(E) ADVANCE AVAILABILITY.—A rebate may 
be provided under this section in a manner to 
facilitate the purchase of a new Energy Star 
qualified manufactured home. 
(4) REBATE LIMITATION.—Rebates provided by 
States under this section shall not exceed $7,500 per 
manufactured home from any value derived from the 
use of emission allowances provided to the State pur-
suant to section 132. 
(5) USE OF STATE FUNDS.—A State providing 
rebates under this section may supplement the 
amount of such rebates under paragraph (4) by any 
additional amount is from State funds and other 
sources, including private donations or grants from 
charitable organizations. 
(6) COORDINATION WITH SIMILAR PROGRAMS.— 
(A) STATE PROGRAMS.—A State conducting 
an existing program that has the purpose of re-
placing manufactured homes constructed prior to 
1976 with Energy Star qualified manufactured 
homes, may use allowance value provided under 
section 782 of the Clean Air Act to support such 
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a program, provided such funding does not ex-
ceed the rebate limitation amount under para-
graph (4). 
(B) FEDERAL PROGRAMS.—The Secretary of 
Energy shall coordinate with and seek to achieve 
the purpose of this section through similar Fed-
eral programs including— 
(i) the Weatherization Assistance Pro-
gram under part A of title IV of the Energy 
Conservation and Production Act (42 
U.S.C. 6861 et seq.); and 
(ii) the program under part D of title 
III of the Energy Policy and Conservation 
Act (42 U.S.C. 6321 et seq.). 
(C) COORDINATION
WITH
OTHER
STATE 
AGENCIES.—A State agency using allowance 
value to administer the program under this sec-
tion may coordinate its efforts, and share funds 
for administration, with other State agencies in-
volved in low-income housing programs. 
(7) ADMINISTRATIVE EXPENSES.—A State using 
allowance value under this section may expend not 
more than 10 percent of such value for administrative 
expenses related to this program. 
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346 
SEC. 204. BUILDING ENERGY PERFORMANCE LABELING 
PROGRAM. 
(a) ESTABLISHMENT.— 
(1) PURPOSE.—The Administrator shall estab-
lish a building energy performance labeling program 
with broad applicability to the residential and com-
mercial markets to enable and encourage knowledge 
about building energy performance by owners and oc-
cupants and to inform efforts to reduce energy con-
sumption nationwide. 
(2) COMPONENTS.—In developing such program, 
the Administrator shall— 
(A) consider existing programs, such as En-
vironmental Protection Agency’s Energy Star 
program, the Home Energy Rating System 
(HERS) Index, and programs at the Depart-
ment of Energy; 
(B) support the development of model per-
formance labels for residential and commercial 
buildings; and 
(C) utilize incentives and other means to 
spur use of energy performance labeling of public 
and private sector buildings nationwide. 
(b) DATA ASSESSMENT FOR BUILDING ENERGY PER-
FORMANCE.— 
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(1) INITIAL REPORT.—Not later than 90 days 
after the date of enactment of this Act, the Adminis-
trator shall provide to Congress, as well as to the Sec-
retary of Energy and the Office of Management and 
Budget, a report identifying— 
(A) all principal building types for which 
statistically significant energy performance data 
exists to serve as the basis of measurement proto-
cols and labeling requirements for achieved 
building energy performance; and 
(B) those building types for which addi-
tional data are required to enable the develop-
ment of such protocols and requirements. 
(2) ADDITIONAL REPORTS.—Additional updated 
reports shall be provided under this subsection as 
often as The Administrator considers practicable, but 
not less than every 2 years. 
(c) BUILDING DATA ACQUISITION.— 
(1) RESOURCE REQUIREMENTS.—For all prin-
cipal building types identified under subsection (b), 
the Secretary of Energy, not later than 90 days after 
a report by the Administrator under subsection (b), 
shall provide to Congress, the Administrator, and the 
Office of Management and Budget a statement of ad-
ditional resources needed, if any, to fully develop the 
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348 
relevant data, as well as the anticipated timeline for 
data development. 
(2) CONSULTATION.—The Secretary of Energy 
shall consult with the Administrator concerning the 
Administrator’s ability to use data series for these ad-
ditional building types to support the achieved per-
formance component in the labeling program. 
(3) IMPROVEMENTS TO BUILDING ENERGY CON-
SUMPTION DATABASES.— 
(A) COMMERCIAL
DATABASE.—The Sec-
retary of Energy shall support improvements to 
the Commercial Buildings Energy Consumption 
Survey (CBECS) as authorized by section 205(k) 
of the Department of Energy Organization Act 
(42 U.S.C. 7135(k))— 
(i) to enable complete and robust data 
for the actual energy performance of prin-
cipal building types currently covered by 
survey; 
(ii) to cover additional building types 
as identified by the Administrator under 
subsection (b)(1)(B), to enable the develop-
ment of achieved performance measurement 
protocols are developed for at least 90 per-
cent of all major commercial building types 
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within 5 years after the date of enactment 
of this Act; and 
(iii) to include third-party audits of 
random data samplings to ensure the qual-
ity and accuracy of survey information. 
(B) RESIDENTIAL
DATABASES.—The Ad-
ministrator, in consultation with the Energy In-
formation Administration and the Secretary of 
Energy, shall support improvements to the Resi-
dential Energy Consumption Survey (RECS) as 
authorized by section 205(k) of the Department 
of Energy Organization Act (42 U.S.C. 7135(k)), 
or such other residential energy performance 
databases as the Administrator considers appro-
priate, to aid the development of achieved per-
formance measurement protocols for residential 
building energy use for at least 90 percent of the 
residential market within 5 years after the date 
of enactment of this Act. 
(C) CONSULTATION.—The Secretary of En-
ergy and the Administrator shall consult with 
public, private, and nonprofit sector representa-
tives from the building industry and real estate 
industry to assist in the evaluation and im-
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provement of building energy performance data-
bases and labeling programs. 
(d) IDENTIFICATION OF MEASUREMENT PROTOCOLS 
FOR ACHIEVED PERFORMANCE.— 
(1) 
PROPOSED
PROTOCOLS
AND
REQUIRE-
MENTS.—At the earliest practicable date, but not later 
than 1 year after identifying a building type under 
subsection (b)(1)(A), the Administrator shall propose 
a measurement protocol for that building type and a 
requirement detailing how to use that protocol in 
completing applicable commercial or residential per-
formance labels created pursuant to this section. 
(2) FINAL RULE.—After providing for notice and 
comment, the Administrator shall publish a final rule 
containing a measurement protocol and the cor-
responding requirements for applying that protocol. 
Such a rule— 
(A) shall define the minimum period for 
measurement of energy use by buildings of that 
type and other details for determining achieved 
performance, to include leased buildings or parts 
thereof; 
(B) shall identify necessary data collection 
and record retention requirements; and 
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(C) may specify transition rules and ex-
emptions for classes of buildings within the 
building type. 
(e) PROCEDURES FOR EVALUATING DESIGNED PER-
FORMANCE.—The Administrator shall develop protocols for 
evaluating the designed performance of individual building 
types. The Administrator may conduct such feasibility 
studies and demonstration projects as are necessary to 
evaluate the sufficiency of proposed protocols for designed 
performance. 
(f) CREATION OF BUILDING ENERGY PERFORMANCE 
LABELING PROGRAM.— 
(1) MODEL LABEL.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
shall propose a model building energy label that pro-
vides a format— 
(A) to display achieved performance and de-
signed performance data; 
(B) that may be tailored for residential and 
commercial buildings, and for single-occupancy 
and multitenanted buildings; and 
(C) to display other appropriate elements 
identified during the development of measure-
ment protocols under subsections (d) and (e). 
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(2) INCLUSIONS.—Nothing in this section shall 
require the inclusion on such a label of designed per-
formance data where impracticable or not cost effec-
tive, or to preclude the display of both achieved per-
formance and designed performance data for a par-
ticular building where both such measures are avail-
able, practicable, and cost effective. 
(3) EXISTING
PROGRAMS.—In developing the 
model label, the Administrator shall consider existing 
programs, including— 
(A) the Environmental Protection Agency’s 
Energy Star Portfolio Manager program and the 
California HERS II Program Custom Approach 
for the achieved performance component of the 
label; 
(B) the Home Energy Rating System 
(HERS) Index system for the designed perform-
ance component of the label; and 
(C) other Federal and State programs, in-
cluding the Department of Energy’s related pro-
grams on building technologies and those of the 
Federal Energy Management Program. 
(4) FINAL RULE.—After providing for notice and 
comment, the Administrator shall publish a final rule 
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containing the label applicable to covered building 
types. 
(g) DEMONSTRATION PROJECTS FOR LABELING PRO-
GRAM.— 
(1) IN GENERAL.—The Administrator shall con-
duct building energy performance labeling demonstra-
tion projects for different building types— 
(A) to ensure the sufficiency of the current 
Commercial Buildings Energy Consumption 
Survey and other data to serve as the basis for 
new measurement protocols for the achieved per-
formance component of the building energy per-
formance labeling program; 
(B) to inform the development of measure-
ment protocols for building types not currently 
covered by the Commercial Buildings Energy 
Consumption Survey; and 
(C) to identify any additional information 
that needs to be developed to ensure effective use 
of the model label. 
(2) 
PARTICIPATION.—Such 
demonstration 
projects shall include participation of— 
(A) buildings from diverse geographical and 
climate regions; 
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(B) buildings in both urban and rural 
areas; 
(C) single-family residential buildings; 
(D) multihousing residential buildings with 
more than 50 units, including at least one 
project that provides affordable housing to indi-
viduals of diverse incomes; 
(E) single-occupant commercial buildings 
larger than 30,000 square feet; 
(F) multitenanted commercial buildings 
larger than 50,000 square feet; and 
(G) buildings from both the public and pri-
vate sectors. 
(3) PRIORITY.—Priority in the selection of dem-
onstration projects shall be given to projects that fa-
cilitate large-scale implementation of the labeling pro-
gram for samples of buildings across neighborhoods, 
geographic regions, cities, or States. 
(4) FINDINGS.—The Administrator shall report 
any findings from demonstration projects under this 
subsection, including an identification of any areas of 
needed data improvement, to the Department of Ener-
gy’s Energy Information Administration and Build-
ing Technologies Program. 
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(5) COORDINATION.—The Administrator and the 
Secretary of Energy shall coordinate demonstration 
projects undertaken pursuant to this subsection with 
those undertaken as part of the Zero-Net-Energy 
Commercial Buildings Initiative adopted under sec-
tion 422 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17082). 
(h) IMPLEMENTATION OF LABELING PROGRAM.— 
(1) IN GENERAL.—The Administrator, in con-
sultation with the Secretary of Energy, shall work 
with all State Energy Offices established pursuant to 
part D of title III of the Energy Policy and Con-
servation Act (42 U.S.C. 6321 et seq.) or other State 
authorities as necessary for the purpose of imple-
menting the labeling program established under this 
section for commercial and residential buildings. 
(2) OUTREACH
TO
LOCAL
AUTHORITIES.—The 
Administrator shall, acting in consultation and co-
ordination with the respective States, encourage use of 
the labeling program by counties and other localities 
to broaden access to information about building en-
ergy use, for example, through disclosure of building 
label contents in tax, title, and other records those lo-
calities maintain. For this purpose, the Adminis-
trator shall develop an electronic version of the label 
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and information that can be readily transmitted and 
read in widely-available computer programs but is 
protected from unauthorized manipulation. 
(3) MEANS OF IMPLEMENTATION.—In adopting 
the model labeling program established under this sec-
tion, a State shall seek to ensure that labeled informa-
tion be made accessible to the public in a manner so 
that owners, lenders, tenants, occupants, or other rel-
evant parties can utilize it. Such accessibility may be 
accomplished through— 
(A) preparation, and public disclosure of 
the label through filing with tax and title records 
at the time of— 
(i) a building audit conducted with 
support from Federal or State funds; 
(ii) a building energy-efficiency retrofit 
conducted in response to such an audit; 
(iii) a final inspection of major ren-
ovations or additions made to a building in 
accordance with a building permit issued 
by a local government entity; 
(iv) a sale that is recorded for title and 
tax purposes consistent with paragraph (8); 
(v) a new lien recorded on the property 
for more than a set percentage of the as-
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sessed value of the property, if that lien re-
flects public financial assistance for energy- 
related improvements to that building; or 
(vi) a change in ownership or oper-
ation of the building for purposes of utility 
billing; or 
(B) other appropriate means. 
(4) STATE IMPLEMENTATION OF PROGRAM.— 
(A) ELIGIBILITY.—A State may become eli-
gible to utilize allowance value to implement this 
program by— 
(i) adopting by statute or regulation a 
requirement that buildings be assessed and 
labeled, consistent with the labeling require-
ments of the program established under this 
section; or 
(ii) adopting a plan to implement a 
model labeling program consistent with this 
section within one year of enactment of this 
Act, including the establishment of that pro-
gram within 3 years after the date of enact-
ment of this Act, and demonstrating contin-
uous progress under that plan. 
(B) USE OF ALLOWANCES.—Direct Federal 
support for the program established in this sec-
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tion is provided through the emission allowances 
allocated to the States’ SEED Accounts pursuant 
to section 132 of this Act. To the extent that a 
State provides allowances to local governments 
within the State to implement this program, that 
shall be deemed a distribution of such allowances 
to units of local government pursuant to sub-
section (c)(1) of that section. 
(5) GUIDANCE.—The Administrator may create 
or identify model programs and resources to provide 
guidance to offer to States and localities for creating 
labeling programs consistent with the model program 
established under this section. 
(6) PROGRESS REPORT.—The Administrator, in 
consultation with the Secretary of Energy, shall pro-
vide a progress report to Congress not later than 3 
years after the date of enactment of this Act that— 
(A) evaluates the effectiveness of efforts to 
advance use of the model labeling program by 
States and localities; 
(B) recommends any legislative changes 
necessary to broaden the use of the model label-
ing program; and 
(C) identifies any changes to broaden the 
use of the model labeling program that the Ad-
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ministrator has made or intends to make that do 
not require additional legislative authority. 
(7) STATE
INFORMATION.—The Administrator 
may require States to report to the Administrator in-
formation that the Administrator requires to provide 
the report required under paragraph (6). 
(8) PREVENTION
OF
DISRUPTION
OF
SALES 
TRANSACTIONS.—No State shall implement a new la-
beling program pursuant to this section in a manner 
that requires the labeling of a building to occur after 
a contract has been executed for the sale of that build-
ing and before the sales transaction is completed. 
(i) IMPLEMENTATION OF LABELING PROGRAM IN FED-
ERAL BUILDINGS.— 
(1) USE OF LABELING PROGRAM.—The Secretary 
of Energy and the Administrator shall use the label-
ing program established under this section to evaluate 
energy performance in the facilities of the Department 
of Energy and the Environmental Protection Agency, 
respectively, to the extent practicable, and shall en-
courage and support implementation efforts in other 
Federal agencies. 
(2) ANNUAL PROGRESS REPORT.—The Secretary 
of Energy and Administrator shall provide an annual 
progress report to Congress and the Office of Manage-
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ment and Budget detailing efforts to implement this 
subsection, as well as any best practices or needed re-
sources identified as a result of such efforts. 
(j) PUBLIC OUTREACH.—The Secretary of Energy and 
the Administrator, in consultation with nonprofit and in-
dustry stakeholders with specialized expertise, and in con-
junction with other energy efficiency public awareness ef-
forts, shall establish a business and consumer education 
program to increase awareness about the importance of 
building energy efficiency and to facilitate widespread use 
of the labeling program established under this section. 
(k) DEFINITIONS.—In this section: 
(1) BUILDING TYPE.—The term ‘‘building type’’ 
means a grouping of buildings as identified by their 
principal building activities, or as grouped by their 
use, including office buildings, laboratories, libraries, 
data centers, retail establishments, hotels, warehouses, 
and educational buildings. 
(2) 
MEASUREMENT
PROTOCOL.—The 
term 
‘‘measurement protocol’’ means the methodology, pre-
scribed by the Administrator, for defining a bench-
mark for building energy performance for a specific 
building type and for measuring that performance 
against the benchmark. 
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(3) 
ACHIEVED
PERFORMANCE.—The 
term 
‘‘achieved performance’’ means the actual energy con-
sumption of a building as compared to a baseline 
building of the same type and size, determined by ac-
tual consumption data normalized for appropriate 
variables. 
(4) DESIGNED PERFORMANCE.—The term ‘‘de-
signed performance’’ means the energy consumption 
performance a building would achieve if operated con-
sistent with its design intent for building energy use, 
utilizing a standardized set of operational conditions 
informed by data collected or confirmed during an 
energy audit. 
(l) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated— 
(1) to the Administrator $50,000,000 for imple-
mentation of this section for each fiscal year from 
2010 through 2020; and 
(2) to the Secretary of Energy $20,000,000 for 
implementation of this section for fiscal year 2010 
and $10,000,000 for fiscal years 2011 through 2020. 
SEC. 205. TREE PLANTING PROGRAMS. 
(a) FINDINGS.—The Congress finds that— 
(1) the utility sector is the largest single source 
of greenhouse gas emissions in the United States 
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today, producing approximately one-third of the 
country’s emissions; 
(2) heating and cooling homes accounts for near-
ly 60 percent of residential electricity usage in the 
United States; 
(3) shade trees planted in strategic locations can 
reduce residential cooling costs by as much as 30 per-
cent; 
(4) shade trees have significant clean-air benefits 
associated with them; 
(5) every 100 healthy large trees removes about 
300 pounds of air pollution (including particulate 
matter and ozone) and about 15 tons of carbon diox-
ide from the air each year; 
(6) tree cover on private property and on newly- 
developed land has declined since the 1970s, even 
while emissions from transportation and industry 
have been rising; and 
(7) in over a dozen test cities across the United 
States, increasing urban tree cover has generated be-
tween two and five dollars in savings for every dollar 
invested in such tree planting. 
(b) DEFINITIONS.—As used in this section: 
(1) The term ‘‘Secretary’’ refers to the Secretary 
of Energy. 
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(2) The term ‘‘retail power provider’’ means any 
entity authorized under applicable State or Federal 
law to generate, distribute, or provide retail elec-
tricity, natural gas, or fuel oil service. 
(3) The term ‘‘tree-planting organization’’ means 
any nonprofit or not-for-profit group which exists, in 
whole or in part, to— 
(A) expand urban and residential tree 
cover; 
(B) distribute trees for planting; 
(C) increase awareness of the environmental 
and energy-related benefits of trees; 
(D) educate the public about proper tree 
planting, care, and maintenance strategies; or 
(E) carry out any combination of the fore-
going activities. 
(4) The term ‘‘tree-siting guidelines’’ means a 
comprehensive list of science-based measurements out-
lining the species and minimum distance required be-
tween trees planted pursuant to this section, in addi-
tion to the minimum required distance to be main-
tained between such trees and— 
(A) building foundations; 
(B) air conditioning units; 
(C) driveways and walkways; 
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(D) property fences; 
(E) preexisting utility infrastructure; 
(F) septic systems; 
(G) swimming pools; and 
(H) other infrastructure as deemed appro-
priate. 
(5) The terms ‘‘small office’’, ‘‘small office build-
ings’’, and ‘‘small office settings’’ means nonresiden-
tial buildings or structures zoned for business pur-
poses that are 20,000 square feet or less in total area. 
(c) PURPOSES.—The purpose of this section is to estab-
lish a grant program to assist retail power providers with 
the establishment and operation of targeted tree-planting 
programs in residential and small office settings, for the 
following purposes: 
(1) Reducing the peak-load demand for elec-
tricity from residences and small office buildings dur-
ing the summer months through direct shading of 
buildings provided by strategically planted trees. 
(2) Reducing wintertime demand for energy 
from residences and small office buildings by blocking 
cold winds from reaching such structures, which low-
ers interior temperatures and drives heating demand. 
(3) Protecting public health by removing harm-
ful pollution from the air. 
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nicated through wired or wireless technology), and 
can adjust the light level according to the signal.’’. 
(2) STANDARDS.— Section 342 of the Energy 
Policy and Conservation Act (42 U.S.C. 6313) is 
amended by adding at the end the following: 
‘‘(g) OUTDOOR LUMINAIRES.— 
‘‘(1) Each outdoor luminaire manufactured on 
or after January 1, 2011, shall— 
‘‘(A) have an initial luminaire efficacy of 
at least 50 lumens per watt; and 
‘‘(B) be designed to use a light source with 
a lumen maintenance, calculated as mean rated 
lumens divided by initial lumens, of at least 0.6. 
‘‘(2) Each outdoor luminaire manufactured on 
or after January 1, 2013, shall— 
‘‘(A) have an initial luminaire efficacy of 
at least 70 lumens per watt; and 
‘‘(B) be designed to use a light source with 
a lumen maintenance, calculated as mean rated 
lumens divided by initial lumens, of at least 0.6. 
‘‘(3) Each outdoor luminaire manufactured on 
or after January 1, 2015, shall— 
‘‘(A) have an initial luminaire efficacy of 
at least 80 lumens per watt; and 
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(4) SIZE OF INDIVIDUAL BONUS PAYMENTS.—(A) 
The size of each bonus payment under this subsection 
shall be the product of— 
(i) an amount determined by the Sec-
retary; and 
(ii) the difference in energy consump-
tion between the Best-in-Class Product and 
the average product in the product class. 
(B) The Secretary shall determine the amount 
under subparagraph (A)(i) for each product type, in 
consultation with State and utility efficiency pro-
gram administrators as well as the Administrator, 
based on estimates of the amount of bonus payment 
that would provide significant incentive to increase 
the market share of Best-in-Class Products. 
(5) ELIGIBLE BONUS RECIPIENT.—(A) The Sec-
retary shall ensure that not more than 1 bonus pay-
ment is provided under this subsection for each Best- 
in-Class Product. 
(B) The Secretary may make distributors eligible 
to receive bonus payments under this subsection for 
sales that are not to the final end-user, to the extent 
that the Secretary determines that for a particular 
product category distributors are well situated to in-
crease sales of Best-in-Class Products. 
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‘‘(2) any calendar year subsequent to the vintage 
year for the allowance. 
‘‘(b) EXPIRATION.— 
‘‘(1) REGULATIONS.—The Administrator may es-
tablish by regulation criteria and procedures for de-
termining whether, and for implementing a deter-
mination that, the expiration of an allowance or cred-
it established or issued by the Administrator under 
this title, or expiration of the ability to use an inter-
national emission allowance to comply with section 
722, is necessary to ensure the authenticity and integ-
rity of allowances or credits or the allowance tracking 
system. 
‘‘(2) GENERAL RULE.—An allowance or credit 
established or issued by the Administrator under this 
title shall not expire unless— 
‘‘(A) it is retired by the Administrator as 
required under this title; or 
‘‘(B) it is determined to expire or to have 
expired by a specific date by the Administrator 
in accordance with regulations promulgated 
under paragraph (1). 
‘‘(3) INTERNATIONAL EMISSION ALLOWANCES.— 
The ability to use an international emission allow-
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