326 
effectiveness of measures prescribed to be included 
in a retrofit. 
(5) PUBLIC HOUSING.—The term ‘‘public hous-
ing’’ means properties receiving assistance under 
section 9 of the United States Housing Act of 1937 
(42 U.S.C. 1437g). 
(6) 
RECOMMISSIONING; 
RETROCOMMISSIONING.—The 
terms 
‘‘recommis-
sioning’’ and ‘‘retrocommissioning’’ have the mean-
ing given those terms in section 543(f)(1) of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 
8253(f)(1)). 
(7) RESIDENTIAL BUILDING.—The term ‘‘resi-
dential building’’ means a building whose primary 
use is residential. Such buildings shall include sin-
gle-family homes (both attached and detached), 
owner-occupied units in larger buildings with their 
own dedicated space-conditioning systems, apart-
ment buildings, multi-unit condominium buildings, 
public housing, assisted housing, and buildings used 
for both residential and nonresidential purposes in 
which more than half of building floor space is resi-
dential. 
(8) STATE
ENERGY
PROGRAM.—The term 
‘‘State Energy Program’’ means the program under 
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part D of title III of the Energy Policy and Con-
servation 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 
implement, in consultation with the Secretary of Energy 
and the Director of Commercial High-Performance Green 
Buildings, standards for a national energy and environ-
mental building retrofit policy for nonresidential buildings. 
The programs to implement the residential and nonresi-
dential policies based on the standards developed under 
this section shall together be known as the Retrofit for 
Energy and Environmental Performance (REEP) pro-
gram. 
(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 en-
ergy efficiency improvements and significant improve-
ments in water use and other environmental attributes. 
(d) FEDERAL ADMINISTRATION.— 
(1) EXISTING PROGRAMS.—In creating and op-
erating the REEP program— 
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(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 
appropriate 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 fund-
ing to support a high-performance green build-
ing partnership consortium pursuant to sub-
section (f) of such section to support efforts 
under this section. 
(2) CONSULTATION AND COORDINATION.—The 
Administrator and the Secretary of Energy shall 
consult with and coordinate with the Secretary of 
Housing and Urban Development in carrying out the 
REEP program with regard to retrofitting of public 
housing and assisted housing. As a result of such 
consultation, the Administrator shall establish stand-
ards to ensure that retrofits of public housing and 
assisted housing funded pursuant to this section are 
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cost-effective, including opportunities to address the 
potential co-performance of repair and replacement 
needs that may be supported with other forms of 
Federal assistance. 
(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 sec-
tion. 
(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 Pro-
gram. The designated State agency, agencies, or en-
tities may delegate performance of appropriate ele-
ments of the REEP program, upon their request 
and subject to State law, to counties, municipalities, 
appropriate public agencies, and other divisions of 
local government, as well as to entities regulated by 
the State. In making any such designation or delega-
tion, a State shall give priority to entities that ad-
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minister existing comprehensive retrofit programs, 
including those under the supervision of State utility 
regulators. States shall maintain responsibility for 
meeting the standards and requirements of the 
REEP program. In any State that elects not to ad-
minister the REEP program, a unit of local govern-
ment may propose to do so within its jurisdiction, 
and if the Administrator finds that such local gov-
ernment is capable of administering the program, 
the Administrator may provide allowances to that 
local government, prorated according to the popu-
lation of the local jurisdiction relative to the popu-
lation of the State, for purposes of the REEP pro-
gram. 
(2) EMPLOYMENT.—States and local govern-
ment entities may administer a REEP program in 
a manner that authorizes public or regulated inves-
tor-owned utilities, building auditors and inspectors, 
contractors, nonprofit organizations, for-profit com-
panies, and other entities to perform audits and ret-
rofit services under this section. A State may pro-
vide incentives for retrofits without direct participa-
tion by the State or its agents, so long as the result-
ing savings are measured and verified. A State or 
local administrator of a REEP program shall seek 
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to ensure that sufficient qualified entities are avail-
able to support retrofit activities so that building 
owners have a competitive choice among qualified 
auditors, raters, contractors, and providers of serv-
ices related to retrofits. Nothing in this section is in-
tended to deny the right of a building owner to 
choose the specific providers of retrofit services to 
engage for a retrofit 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 
improvement, 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 
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(BPI) analyst certification of residential building en-
ergy and environment auditors, inspectors, and rat-
ers, or an equivalent certification system as deter-
mined by the Administrator. 
(2) BPI certification or licensing by States of 
residential building energy and environmental ret-
rofit contractors, or an equivalent certification or li-
censing system as determined by the Administrator. 
(3) Provision of BPI, RESNET, or other ap-
propriate information on equipment and procedures, 
as determined by the Administrator, that contractors 
can use to test the energy and environmental effi-
ciency of buildings effectively (such as infrared pho-
tography 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 perform-
ance-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. 
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(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-
propriate due to green roof management, solar en-
ergy production, or for other reasons identified by 
the Administrator, in order to reduce energy con-
sumption within the building, increase the albedo of 
the building’s roof, and decrease the heat island ef-
fect in the area of the building, without reduction of 
otherwise applicable ceiling insulation standards. 
(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 
Energy 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 
appropriate certification, subject to appropriate 
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software standards and verification of at least 
15 percent of all work done, or such other per-
centage as the Administrator may determine. 
(9) Guidelines for utilizing the Energy Star 
Portfolio Manager, the Home Energy Rating System 
(HERS) rating system, Home Performance with En-
ergy Star program approvals, and any other tools 
associated 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 build-
ings as Energy Star buildings, or as green 
buildings under a recognized green building rat-
ing system; 
(B) assigning Home Energy Rating Sys-
tem (HERS) or similar ratings; and 
(C) completing any applicable building per-
formance labels. 
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(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 lo-
cations of buildings retrofitted under the REEP pro-
gram, with information on projected and actual sav-
ings of energy and its value over time. 
(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, 
respectively, except as necessary to match local con-
ditions, 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 gov-
ernment accounting principles) sufficient to ensure 
proper accounting during appropriate accounting pe-
riods for payments received and disbursements, and 
for fund balances. 
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The Administrator shall conduct or require each State to 
have such independent financial audits of REEP-related 
funding as the Administrator considers necessary or ap-
propriate 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 
through State REEP programs of alternate means of cre-
ating incentives for, or reducing financial barriers to, im-
proved energy and environmental performance in build-
ings, 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 
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from one building owner to the next with the build-
ing’s utility services; 
(5) providing funds to local government pro-
grams to provide REEP services and financial as-
sistance; and 
(6) other means proposed by State and local 
agencies, subject to the approval of the Adminis-
trator. 
(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 dis-
tribution of such allowances to units of local govern-
ment pursuant to subsection (c)(1) of that section. 
(2) INITIAL
AWARD
LIMITS.—Except as pro-
vided in paragraph (3), State and local REEP pro-
grams may make per-building direct expenditures 
for retrofit improvements, or their equivalent in indi-
rect or other forms of financial support, from funds 
derived from the sale of allowances received directly 
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from the Administrator in amounts not to exceed the 
following amounts per unit: 
(A) RESIDENTIAL BUILDING PROGRAM.— 
(i) AWARDS.—For residential build-
ings— 
(I) support for a free or low-cost 
detailed building energy audit that 
prescribes 
measures 
sufficient 
to 
achieve at least a 20 percent reduc-
tion in energy use, by providing an in-
centive 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 effi-
ciency 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 consump-
tion by more than 10 percent, and 
$2,000 for a combination of measures 
prescribed in such an audit, designed 
to reduce energy consumption by more 
than 20 percent; 
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(III) $3,000 for demonstrated 
savings of 20 percent, pursuant to a 
performance-based building retrofit 
program; 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. 
(ii) MAXIMUM PERCENTAGE.—Awards 
under clause (i) shall not exceed 50 per-
cent of retrofit costs for each building. For 
buildings with multiple residential units, 
awards under clause (i) shall not be great-
er than 50 percent of the total cost of ret-
rofitting the building, prorated among indi-
vidual residential units on the basis of rel-
ative costs of the retrofit. In the case of 
public housing and assisted housing, the 
50 percent contribution matching the con-
tribution from REEP program funds may 
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come from any other source, including 
other Federal funds. 
(iii) 
ADDITIONAL
AWARDS.—Addi-
tional awards may be provided for pur-
poses of increasing energy efficiency, for 
buildings achieving at least 20 percent en-
ergy 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 Administrator) to achieve 
at least 35 percent potable water savings 
through equipment or systems with an es-
timated 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 max-
imum total grant of $1,200. 
(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-reduc-
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ing 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 percent or greater efficiency im-
provement; 
(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 
(V) $2.50 per square foot for 
demonstrated energy use reductions 
exceeding 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 
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(cc) $30.00 per thousand 
gallons per year of potable water 
savings 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 Administrator, in consulta-
tion with the Secretary, identifies as 
contributing to energy efficiency. Such 
attributes may include, but are not 
limited to waste diversion and the use 
of environmentally preferable mate-
rials (including salvaged, renewable, 
or recycled materials, and materials 
with no or low-VOC content). The Ad-
ministrator 
may 
recommend 
that 
States develop such standards as are 
necessary to account for local or re-
gional conditions 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 
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minimum the most recent version of 
ASHRAE Standard 62.1 for ventilation, or 
the equivalent as determined by the Ad-
ministrator. A State may issue a waiver 
from this requirement to a building project 
on a showing that such compliance is in-
feasible due to the physical constraints of 
the building’s existing ventilation system, 
or such other limitations as may be speci-
fied 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- 
building 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 
allowances pursuant to paragraph (2) in years sub-
sequent to the second year after the date of enact-
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345 
ment of this Act, and every 2 years thereafter, as 
the Administrator determines necessary to achieve 
optimum cost-effectiveness and to maximize incen-
tives to achieve energy efficiency within the total 
building award amounts provided in that paragraph, 
and shall publish and hold constant such revised lim-
its for at least 2 years. The Administrator, in con-
sultation with the Secretary of Housing and Urban 
Development, may establish different dollar limits 
for public housing and assisted housing than for 
other residential buildings. 
(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 
for a different federally designated purpose may be 
used to support a REEP program. 
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(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 En-
ergy 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 
with Energy Star’s guidelines by an Energy Star 
certified plant. 
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(b) PURPOSE.—The purpose of this section is to as-
sist low-income households residing in manufactured 
homes constructed prior to 1976 to save energy and en-
ergy expenditures by providing support toward the pur-
chase of new Energy 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 
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 dis-
tribution of such allowances to units of local govern-
ment pursuant to subsection (c)(1) of that section. 
(3) REBATES.— 
(A) 
PRIMARY
RESIDENCE
REQUIRE-
MENT.—A rebate described under paragraph 
(1) may only be made to an owner of a manu-
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factured home constructed prior to 1976 that is 
used on a year-round basis as a primary resi-
dence. 
(B) DISMANTLING AND REPLACEMENT.—A 
rebate described under paragraph (1) may be 
made only if the manufactured home con-
structed 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 para-
graph (1), an owner of a manufactured home 
constructed prior to 1976 shall demonstrate to 
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the applicable State agency that the total in-
come of all members the owner’s household does 
not exceed 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 
pursuant 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
PRO-
GRAMS.— 
(A) STATE
PROGRAMS.—A State con-
ducting an existing program that has the pur-
pose of replacing manufactured homes con-
structed prior to 1976 with Energy Star quali-
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fied manufactured homes, may use allowance 
value provided under section 782 of the Clean 
Air Act to support such a program, provided 
such funding does not exceed the rebate limita-
tion amount under paragraph (4). 
(B) FEDERAL PROGRAMS.—The Secretary 
of Energy shall coordinate with and seek to 
achieve the purpose of this section through 
similar Federal programs including— 
(i) the Weatherization Assistance Pro-
gram under part A of title IV of the En-
ergy 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 
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not more than 10 percent of such value for adminis-
trative expenses related to this program. 
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 
occupants and to inform efforts to reduce energy 
consumption nationwide. 
(2) COMPONENTS.—In developing such pro-
gram, the Administrator shall— 
(A) consider existing programs, such as 
Environmental 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 pub-
lic and private sector buildings nationwide. 
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(b) DATA ASSESSMENT FOR BUILDING ENERGY PER-
FORMANCE.— 
(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 
Secretary 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 pro-
tocols 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, 
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and the Office of Management and Budget a state-
ment of additional resources needed, if any, to fully 
develop the 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 
additional building types to support the achieved 
performance 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 Organiza-
tion 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 measure-
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ment protocols are developed for at least 
90 percent of all major commercial build-
ing types 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 Res-
idential Energy Consumption Survey (RECS) 
as authorized by section 205(k) of the Depart-
ment of Energy Organization Act (42 U.S.C. 
7135(k)), or such other residential energy per-
formance databases as the Administrator con-
siders appropriate, to aid the development of 
achieved performance 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 
Energy and the Administrator shall consult 
with public, private, and nonprofit sector rep-
resentatives from the building industry and real 
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estate industry to assist in the evaluation and 
improvement of building energy performance 
databases 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 resi-
dential performance 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 corresponding 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; 
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(B) shall identify necessary data collection 
and record retention requirements; and 
(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 feasi-
bility studies and demonstration projects as are necessary 
to evaluate the sufficiency of proposed protocols for de-
signed 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 Adminis-
trator shall propose a model building energy label 
that provides a format— 
(A) to display achieved performance and 
designed performance data; 
(B) that may be tailored for residential 
and commercial buildings, and for single-occu-
pancy and multitenanted buildings; and 
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(C) to display other appropriate elements 
identified during the development of measure-
ment protocols under subsections (d) and (e). 
(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 exist-
ing programs, including— 
(A) the Environmental Protection Agency’s 
Energy Star Portfolio Manager program and 
the California HERS II Program Custom Ap-
proach for the achieved performance component 
of the label; 
(B) the Home Energy Rating System 
(HERS) Index system for the designed per-
formance component of the label; and 
(C) other Federal and State programs, in-
cluding the Department of Energy’s related 
programs on building technologies and those of 
the Federal Energy Management Program. 
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(4) FINAL RULE.—After providing for notice 
and comment, the Administrator shall publish a 
final rule containing the label applicable to covered 
building types. 
(g) DEMONSTRATION
PROJECTS
FOR
LABELING 
PROGRAM.— 
(1) IN GENERAL.—The Administrator shall con-
duct building energy performance labeling dem-
onstration 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 
performance component of the building energy 
performance 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— 
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(A) buildings from diverse geographical 
and climate regions; 
(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 
program for samples of buildings across neighbor-
hoods, 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 
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Energy’s Energy Information Administration and 
Building Technologies Program. 
(5) COORDINATION.—The Administrator and 
the Secretary of Energy shall coordinate demonstra-
tion projects undertaken pursuant to this subsection 
with those undertaken as part of the Zero-Net-En-
ergy Commercial Buildings Initiative adopted under 
section 422 of the Energy Independence and Secu-
rity 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 im-
plementing 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 local-
ities to broaden access to information about building 
energy use, for example, through disclosure of build-
ing label contents in tax, title, and other records 
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those localities maintain. For this purpose, the Ad-
ministrator shall develop an electronic version of the 
label and information that can be readily trans-
mitted and read in widely-available computer pro-
grams but is protected from unauthorized manipula-
tion. 
(3) MEANS OF IMPLEMENTATION.—In adopting 
the model labeling program established under this 
section, a State shall seek to ensure that labeled in-
formation be made accessible to the public in a man-
ner so that owners, lenders, tenants, occupants, or 
other relevant parties can utilize it. Such accessi-
bility 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 ret-
rofit 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; 
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(iv) a sale that is recorded for title 
and tax purposes consistent with para-
graph (8); 
(v) a new lien recorded on the prop-
erty for more than a set percentage of the 
assessed value of the property, if that lien 
reflects public financial assistance for en-
ergy-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 el-
igible 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 re-
quirements 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 
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of this Act, including the establishment of 
that program within 3 years after the date 
of enactment of this Act, and dem-
onstrating continuous progress under that 
plan. 
(B) USE OF ALLOWANCES.—Direct Fed-
eral support for the program established in this 
section is provided through the emission allow-
ances allocated to the States’ SEED Accounts 
pursuant to section 132 of this Act. To the ex-
tent 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 subsection (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 pro-
gram 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— 
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(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-
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 
information that the Administrator requires to pro-
vide the report required under paragraph (6). 
(8) PREVENTION
OF
DISRUPTION
OF
SALES 
TRANSACTIONS.—No State shall implement a new 
labeling program pursuant to this section in a man-
ner that requires the labeling of a building to occur 
after a contract has been executed for the sale of 
that building and before the sales transaction is 
completed. 
(i) IMPLEMENTATION
OF LABELING PROGRAM
IN 
FEDERAL BUILDINGS.— 
(1) USE
OF
LABELING
PROGRAM.—The Sec-
retary of Energy and the Administrator shall use the 
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labeling program established under this section to 
evaluate energy performance in the facilities of the 
Department of Energy and the Environmental Pro-
tection Agency, respectively, to the extent prac-
ticable, and shall encourage and support implemen-
tation efforts in other Federal agencies. 
(2) ANNUAL
PROGRESS
REPORT.—The Sec-
retary of Energy and Administrator shall provide an 
annual progress report to Congress and the Office of 
Management and Budget detailing efforts to imple-
ment this subsection, as well as any best practices 
or needed resources identified as a result of such ef-
forts. 
(j) PUBLIC OUTREACH.—The Secretary of Energy 
and the Administrator, in consultation with nonprofit and 
industry stakeholders with specialized expertise, and in 
conjunction with other energy efficiency public awareness 
efforts, 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 
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their use, including office buildings, laboratories, li-
braries, data centers, retail establishments, hotels, 
warehouses, and educational buildings. 
(2) 
MEASUREMENT
PROTOCOL.—The 
term 
‘‘measurement protocol’’ means the methodology, 
prescribed by the Administrator, for defining a 
benchmark for building energy performance for a 
specific building type and for measuring that per-
formance against the benchmark. 
(3) 
ACHIEVED
PERFORMANCE.—The 
term 
‘‘achieved performance’’ means the actual energy 
consumption of a building as compared to a baseline 
building of the same type and size, determined by 
actual 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 
consistent with its design intent for building energy 
use, utilizing a standardized set of operational condi-
tions informed by data collected or confirmed during 
an energy audit. 
(l) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated— 
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(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 
today, producing approximately one-third of the 
country’s emissions; 
(2) heating and cooling homes accounts for 
nearly 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 percent; 
(4) shade trees have significant clean-air bene-
fits 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; 
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(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 
between two and five dollars in savings for every dol-
lar invested in such tree planting. 
(b) DEFINITIONS.—As used in this section: 
(1) The term ‘‘Secretary’’ refers to the Sec-
retary of Energy. 
(2) The term ‘‘retail power provider’’ means 
any entity authorized under applicable State or Fed-
eral law to generate, distribute, or provide retail 
electricity, 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 environ-
mental and energy-related benefits of trees; 
(D) educate the public about proper tree 
planting, care, and maintenance strategies; or 
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(E) carry out any combination of the fore-
going activities. 
(4) The term ‘‘tree-siting guidelines’’ means a 
comprehensive list of science-based measurements 
outlining the species and minimum distance required 
between trees planted pursuant to this section, in 
addition to the minimum required distance to be 
maintained between such trees and— 
(A) building foundations; 
(B) air conditioning units; 
(C) driveways and walkways; 
(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 
buildings’’, and ‘‘small office settings’’ means non-
residential buildings or structures zoned for business 
purposes that are 20,000 square feet or less in total 
area. 
(c) PURPOSES.—The purpose of this section is to es-
tablish a grant program to assist retail power providers 
with the establishment and operation of targeted tree- 
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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 
during 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 block-
ing cold winds from reaching such structures, which 
lowers interior temperatures and drives heating de-
mand. 
(3) Protecting public health by removing harm-
ful pollution from the air. 
(4) Utilizing the natural photosynthetic and 
transpiration process of trees to lower ambient tem-
peratures and absorb carbon dioxide, thus mitigating 
the effects of climate change. 
(5) Lowering electric bills for residential and 
small office ratepayers by limiting electricity con-
sumption without reducing benefits. 
(6) Relieving financial and demand pressure on 
retail power providers that stems from large peak- 
load energy demand. 
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(7) Protecting water quality and public health 
by reducing stormwater runoff and keeping harmful 
pollutants from entering waterways. 
(8) Ensuring that trees are planted in locations 
that limit the amount of public money needed to 
maintain public and electric infrastructure. 
(d) GENERAL AUTHORITY.— 
(1) ASSISTANCE.—The Secretary is authorized 
to provide financial, technical, and related assistance 
to retail power providers to assist with the establish-
ment of new, or continued operation of existing, tar-
geted tree-planting programs for residences and 
small office buildings. 
(2) PUBLIC RECOGNITION INITIATIVE.—In car-
rying out the authority provided under this section, 
the Secretary shall also create a national public rec-
ognition initiative to encourage participation in tree- 
planting programs by retail power providers. 
(3) ELIGIBILITY.—Only those programs which 
utilize targeted, strategic tree-siting guidelines to 
plant trees in relation to building location, sunlight, 
and prevailing wind direction shall be eligible for as-
sistance under this section. 
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(4) REQUIREMENTS.—In order to qualify for 
assistance under this section, a tree-planting pro-
gram shall meet each of the following requirements: 
(A) The program shall provide free or dis-
counted shade-providing or wind-reducing trees 
to residential and small office consumers inter-
ested in lowering their home energy costs. 
(B) The program shall optimize the elec-
tricity-consumption reduction benefit of each 
tree by planting in strategic locations around a 
given residence or small office. 
(C) The program shall either— 
(i) provide maximum amounts of 
shade during summer intervals when resi-
dences and small offices are exposed to the 
most sun intensity; or 
(ii) provide maximum amounts of 
wind protection during fall and winter in-
tervals when residences and small offices 
are exposed to the most wind intensity. 
(D) The program shall use the best avail-
able science to create tree siting guidelines 
which dictate where the optimum tree species 
are best planted in locations that achieve max-
imum reductions in consumer energy demand 
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while causing the least disruption to public in-
frastructure, considering overhead and under-
ground facilities. 
(E) The program shall receive certification 
from the Secretary that it is designed to achieve 
the goals set forth in subparagraphs (A) 
through (D). In designating criteria for such 
certification, the Secretary shall collaborate 
with the United States Forest Service’s Urban 
and Community Forestry Program to ensure 
that certification requirements are consistent 
with such above goals. 
(5) NEW PROGRAM FUNDING SHARE.—The Sec-
retary shall ensure that no less than 30 percent of 
the funds made available under this section are dis-
tributed to retail power providers which— 
(A) have not previously established or op-
erated qualified tree-planting programs; or 
(B) are operating qualified tree-planting 
programs which were established no more than 
three years prior to the date of enactment of 
this section. 
(e) AGREEMENTS
BETWEEN
ELECTRICITY
PRO-
VIDERS AND TREE-PLANTING ORGANIZATIONS.— 
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(1) GRANT AUTHORIZATION.—In providing as-
sistance under this section, the Secretary is author-
ized to award grants only to retail power providers 
that have entered into binding legal agreements with 
nonprofit tree-planting organizations. 
(2) 
CONDITIONS
OF
AGREEMENT.—Those 
agreements between retail power providers and tree- 
planting organizations shall set forth conditions 
under which nonprofit tree-planting organizations 
shall provide targeted tree-planting programs which 
may require these organizations to— 
(A) participate in local technical advisory 
committees responsible for drafting general 
tree-siting guidelines and choosing the most ef-
fective species of trees to plant in given loca-
tions; 
(B) coordinate volunteer recruitment to as-
sist with the physical act of planting trees in 
residential locations; 
(C) undertake public awareness campaigns 
to educate local residents about the benefits, 
cost savings, and availability of free shade 
trees; 
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(D) establish education and information 
campaigns to encourage recipients to maintain 
their shade trees over the long term; 
(E) serve as the point of contact for exist-
ing and potential residential participants who 
have questions or concerns regarding the tree- 
planting program; 
(F) require tree recipients to sign agree-
ments committing to voluntary stewardship and 
care of provided trees; 
(G) monitor and report on the survival, 
growth, overall health, and estimated energy 
savings of provided trees up until the end of 
their establishment period which shall be no 
less than five years; and 
(H) ensure that trees planted near existing 
power lines will not interfere with energized 
electricity distribution lines when mature, and 
that no new trees will be planted under or adja-
cent to high-voltage electric transmission lines 
without prior consultation with the applicable 
retail power provider receiving assistance under 
this section. 
(3) LACK
OF
NONPROFIT
ORGANIZATION.—If 
qualified nonprofit or not-for-profit tree planting or-
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ganizations do not exist or operate within areas 
served by retail power providers applying for assist-
ance under this section, the requirements of this sec-
tion shall apply to binding legal agreements entered 
into by such retail power providers and one of the 
following entities: 
(A) Local municipal governments with ju-
risdiction over the urban or suburban forest. 
(B) The State Forester for the State in 
which the tree planting program will operate. 
(C) The United States Forest Service’s 
Urban and Community Forestry representative 
for the State in which the tree-planting pro-
gram will operate. 
(D) A landscaping services company that 
is— 
(i) identified in consultation with a 
national or State nonprofit or not-for-prof-
it tree-planting organization; 
(ii) licensed to operate in the State in 
which the tree-planting program will oper-
ate; and 
(iii) a business as defined by the 
United States Census Bureau’s 2007 
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377 
North American Industry Classification 
System Code 561730. 
(f) TECHNICAL ADVISORY COMMITTEES.— 
(1) DESCRIPTION.—In order to qualify for as-
sistance under this section, the retail power provider 
shall establish and consult with a local technical ad-
visory committee which shall provide advice and con-
sultation to the program, and may— 
(A) design and adopt an approved plant 
list 
that 
emphasizes 
the 
use 
of 
hardy, 
noninvasive tree species and, where geographi-
cally appropriate, the use of native, or site- 
adapted, or low water-use shade trees; 
(B) design and adopt planting, installation, 
and maintenance specifications and create a 
process for inspection and quality control; 
(C) ensure that tree recipients are edu-
cated to care for and maintain their trees over 
the long term; 
(D) help the public become more engaged 
and educated in the planting and care of shade 
trees; 
(E) prioritize which sites receive trees, giv-
ing preference to locations with the most poten-
tial for energy conservation and secondary pref-
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erence to areas where the average annual in-
come is below the regional median; and 
(F) assist with monitoring and collection of 
data on tree health, tree survival, and energy 
conservation benefits generated under this sec-
tion. 
(2) COMPENSATION.—Individuals serving on 
local technical advisory committees shall not receive 
compensation for their service. 
(3) COMPOSITION.—Local technical advisory 
committees shall be composed of representatives 
from public, private, and nongovernmental agencies 
with expertise in demand-side energy efficiency man-
agement, urban forestry, or arboriculture, and shall 
be composed of the following: 
(A) Up to 4 persons, but no less than one 
person, representing the retail power provider 
receiving assistance under this section. 
(B) Up to 4 persons, but no less than one 
person, representing the local tree-planting or-
ganization which will partner with the retail 
power provider to carry out this section. 
(C) Up to 3 persons representing local 
nonprofit conservation or environmental organi-
zations. Preference shall be given to those enti-
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ties 
which 
are 
organized 
under 
section 
501(c)(3) of the Internal Revenue Code of 
1986, and which have demonstrated expertise 
engaging the public in energy conservation, en-
ergy efficiency, or green building practices or a 
combination thereof, such that no single organi-
zation is represented by more than one indi-
vidual under this paragraph. 
(D) Up to 2 persons representing a local 
affordable housing agency, affordable housing 
builder, or community development corporation. 
(E) Up to 3, but no less than one, persons 
representing local city or county government for 
each municipality where a shade tree-planting 
program will take place; at least one of these 
representatives shall be the city or county for-
ester, city or county arborist, or functional 
equivalent. 
(F) Up to one person representing the 
local government agency responsible for man-
agement of roads, sewers, and infrastructure, 
including but not limited to public works de-
partments, transportation agencies, or equiva-
lents. 
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(G) Up to 3 persons representing the nurs-
ery and landscaping industry. 
(H) Up to 3 persons representing the re-
search community or academia with expertise in 
natural resources or energy management issues. 
(4) CHAIRPERSON.—Each local technical advi-
sory committee shall elect a chairperson to preside 
over Committee meetings, act as a liaison to govern-
mental and other outside entities, and direct the 
general operation of the committee; only committee 
representatives from paragraph (3)(A) or paragraph 
(3)(B) of this subsection shall be eligible to act as 
local technical advisory committee chairpersons. 
(5) CREDENTIALS.—At least one of the mem-
bers of each local technical advisory committee shall 
be certified with one or more of the following creden-
tials: International Society of Arboriculture; Cer-
tified Arborist, ISA; Certified Arborist Municipal 
Specialist, ISA; Certified Arborist Utility Specialist, 
ISA; Board Certified Master Arborist; or Registered 
Landscape Architect recommended by the American 
Society of Landscape Architects. 
(g) COST-SHARE PROGRAM.— 
(1) FEDERAL SHARE.—The Federal share of 
support for projects funded under this section shall 
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not exceed 50 percent of the cost of such project and 
shall be provided on a matching basis. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of such costs may be paid or contributed by 
any governmental or nongovernmental entity other 
than from funds derived directly or indirectly from 
an agency or instrumentality of the United States. 
(h) RULEMAKING.— 
(1) RULEMAKING PERIOD.—The Secretary shall 
be authorized to solicit comments and initiate a rule-
making period that shall last no more than 6 
months after the date of enactment of this section. 
(2) COMPETITIVE GRANT RULE.—At the conclu-
sion of the rulemaking period under paragraph (1), 
the Secretary shall promulgate a rule governing a 
public, competitive grants process through which re-
tail power providers may apply for Federal support 
under this section. 
(i) NONDUPLICITY.—Nothing in this section shall be 
construed to supersede, duplicate, cancel, or negate the 
programs or authorities provided under section 9 of the 
Cooperative Forestry Assistance Act of 1978 (92 Stat. 
369; Public Law 95–313; 16 U.S.C. 2105). 
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382 
(j) AUTHORIZATION
OF APPROPRIATIONS.—There 
are hereby authorized to be appropriated such sums as 
may be necessary for the implementation of this section. 
SEC. 206. ENERGY EFFICIENCY FOR DATA CENTER BUILD-
INGS. 
Section 453(c)(1) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17112(c)(1)) is amended 
by inserting ‘‘but not later than 2 years after the date 
of enactment of this Act’’ after ‘‘described in subsection 
(b)’’. 
Subtitle B—Lighting and Appliance 
Energy Efficiency Programs 
SEC. 211. LIGHTING EFFICIENCY STANDARDS. 
(a) OUTDOOR LIGHTING.— 
(1) DEFINITIONS.— 
(A) Section 340(1) of the Energy Policy 
and Conservation Act (42 U.S.C. 6311(1)) is 
amended by striking subparagraph (L) and in-
serting the following: 
‘‘(L) Outdoor luminaires. 
‘‘(M) Outdoor high light output lamps. 
‘‘(N) Any other type of industrial equip-
ment which the Secretary classifies as covered 
equipment under section 341(b).’’. 
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383 
(B) Section 340 of the Energy Policy and 
Conservation Act (42 U.S.C. 6311) is amended 
as adding at the end the following: 
‘‘(25) The term ‘luminaire’ means a complete 
lighting unit consisting of one or more light sources 
and ballast(s), together with parts designed to dis-
tribute the light, to position and protect such lamps, 
and to connect such light sources to the power sup-
ply. 
‘‘(26) The term ‘outdoor luminaire’ means a lu-
minaire that is listed as suitable for wet locations 
pursuant to Underwriters Laboratories Inc. stand-
ard UL 1598 and is labeled as ‘Suitable for Wet Lo-
cations’ consistent with section 410.4(A) of the Na-
tional Electrical Code 2005, or is designed for road-
way illumination and meets the requirements of Ad-
dendum A for IESNA TM-15-07: Backlight, 
Uplight, and Glare (BUG) Ratings, except for— 
‘‘(A) luminaires designed for outdoor video 
display images that cannot be used in general 
lighting applications; 
‘‘(B) portable luminaires designed for use 
at construction sites; 
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‘‘(C) luminaires designed for continuous 
immersion in swimming pools and other water 
features; 
‘‘(D) seasonal luminaires incorporating 
solely individual lamps rated at 10 watts or 
less; 
‘‘(E) luminaires designed to be used in 
emergency conditions that incorporate a means 
of charging a battery and a device to switch the 
power supply to emergency lighting loads auto-
matically upon failure of the normal power sup-
ply; 
‘‘(F) components used for repair of in-
stalled luminaries and that meet the require-
ments of section 342(h); 
‘‘(G) a luminaire utilizing an electrode-less 
fluorescent lamp as the light source; 
‘‘(H) decorative gas lighting systems; 
‘‘(I) luminaires designed explicitly for 
lighting for theatrical purposes, including per-
formance, stage, film production, and video pro-
duction; 
‘‘(J) luminaires designed as theme ele-
ments in theme/amusement parks and that can-
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385 
not be used in most general lighting applica-
tions; 
‘‘(K) luminaires designed explicitly for ve-
hicular roadway tunnels designed to comply 
with ANSI/IESNA RP-22-05; 
‘‘(L) luminaires designed explicitly for haz-
ardous locations meeting UL Standard 844; 
‘‘(M) searchlights; 
‘‘(N) luminaires that are designed to be re-
cessed into a building, and that cannot be used 
in most general lighting applications; 
‘‘(O) a luminaire rated only for residential 
applications utilizing a light source or sources 
regulated under the amendments made by sec-
tion 321 of the Energy Independence and Secu-
rity Act of 2007 and with a light output no 
greater than 2,600 lumens; 
‘‘(P) a residential pole-mounted luminaire 
that is not rated for commercial use utilizing a 
light source or sources meeting the efficiency 
requirements of section 231 of the Energy 
Independence and Security Act of 2007 and 
mounted on a post or pole not taller than 10.5 
feet above ground and with a light output not 
greater than 2,600 lumens; 
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‘‘(Q) a residential fixture with E12 (Can-
delabra) bases that is rated for not more than 
300 watts total; or 
‘‘(R) a residential fixture with medium 
screw bases that is rated for not more than 145 
watts. 
‘‘(27) The term ‘outdoor high light outputlamp’ 
means a lamp that— 
‘‘(A) has a rated lumen output not less 
than 2601 lumens; 
‘‘(B) is capable of being operated at a volt-
age not less than 110 volts and not greater 
than 300 volts, or driven at a constant current 
of 6.6 amperes; 
‘‘(C) is not a Parabolic Aluminized Reflec-
tor lamp; and 
‘‘(D) is not a J-type double-ended (T-3) 
halogen quartz lamp, utilizing R-7S bases, that 
is manufactured before January 1, 2015. 
‘‘(28) The term ‘outdoor lighting control’ means 
a device incorporated in a luminaire that receives a 
signal, from either a sensor (such as an occupancy 
sensor, motion sensor, or daylight sensor) or an 
input signal (including analog or digital signals com-
municated through wired or wireless technology), 
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and can adjust the light level according to the sig-
nal.’’. 
(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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‘‘(ii) typically can be controlled with a 
switch located on the product or the power 
cord of the product. 
‘‘(B) EXCLUSIONS.—The term ‘portable 
light fixture’ does not include— 
‘‘(i) direct plug-in night lights, sun or 
heat lamps, medical or dental lights, port-
able electric hand lamps, signs or commer-
cial 
advertising 
displays, 
photographic 
lamps, germicidal lamps, or light fixtures 
for marine use or for use in hazardous lo-
cations (as those terms are defined in 
ANSI/NFPA 70 of the National Electrical 
Code); or 
‘‘(ii) decorative lighting strings, deco-
rative lighting outfits, or electric candles or 
candelabra without lamp shades that are 
covered by Underwriter Laboratories (UL) 
standard 588, ‘Seasonal and Holiday Dec-
orative Products’.’’. 
(B) COVERAGE.— 
(i) IN GENERAL.—Section 322(a) of 
the Energy Policy and Conservation Act 
(42 U.S.C. 6292(a)) is amended— 
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‘‘(ii) a submission of a testing proce-
dure currently in use for a covered product 
by a State, nation, or group of nations— 
‘‘(I) if the Secretary determines 
that the recommended testing proce-
dure contained in the statement or 
submission is in accordance with sub-
section (b)(3), the Secretary may 
issue a final rule that establishes an 
energy or water conservation testing 
procedure that is published simulta-
neously with a notice of proposed rule-
making that proposes a new or 
amended energy or water conservation 
testing procedure that is identical to 
the testing procedure established in 
the final rule to establish the rec-
ommended testing procedure (referred 
to in this paragraph as a ‘direct final 
rule’); or 
‘‘(II) if the Secretary determines 
that a direct final rule cannot be 
issued based on the statement or sub-
mission, the Secretary shall publish a 
notice of the determination, together 
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541 
‘‘(2) TECHNOLOGICAL
INFORMATION.—Based 
on the analysis described in subsection (a)(2), the 
Academy shall identify— 
‘‘(A) additional emissions reductions that 
may be possible as a result of technologies de-
scribed in the analysis; 
‘‘(B) barriers to the deployment of such 
technologies; and 
‘‘(C) actions that could be taken to speed 
deployment of such technologies. 
‘‘(3) STATUS OF GREENHOUSE GAS REDUCTION 
EFFORTS.—Based on the review described in sub-
section (a)(1), the Academy shall identify— 
‘‘(A) the quantity of additional reductions 
required to meet the emissions reduction goals 
described in section 702; and 
‘‘(B) the quantity of additional reductions 
in global greenhouse gas emissions needed to 
avoid 
the 
concentration 
and 
temperature 
thresholds described in section 705(c)(6)(A) or 
identified pursuant to section 705(c)(6)(B). 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary. 
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erated as a byproduct during the production or 
use of another fluorinated gas, unless— 
‘‘(i) the gas is designated as a green-
house gas under this section or is an 
ozone-depleting substance listed as a class 
I or class II substance under title VI; 
‘‘(ii) the Administrator has deter-
mined that 1 metric ton of such gas does 
not make a contribution to global warming 
over 100 years that is equal to or greater 
than that made by 1 metric ton of carbon 
dioxide; or 
‘‘(iii) the person manufacturing or im-
porting the gas for distribution into inter-
state commerce, or emitting the gas, has 
submitted to the Administrator, at least 90 
days before the start of such manufacture, 
introduction into commerce, or emission, a 
notice of such person’s manufacture, intro-
duction into commerce, or emission of such 
gas, and the Administrator has not deter-
mined that that notice or a substantially 
similar notice submitted by that person is 
incomplete. 
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quent year more than the applicable 
threshold level in the definition of covered 
entity in paragraph (13) of section 700; 
and 
‘‘(ii) has emitted, produced, imported, 
manufactured, or delivered in 2008 or any 
subsequent year more than the applicable 
threshold level in the definition of covered 
entity in paragraph (13) of section 700, 
provided that the figure of 25,000 tons of 
carbon dioxide equivalent is read instead 
as 10,000 tons of carbon dioxide equivalent 
and the figure of 460,000,000 cubic feet is 
read instead as 184,000,000 cubic feet; 
‘‘(C) any other entity that emits a green-
house gas, or produces, imports, manufactures, 
or delivers material whose use results or may 
result in greenhouse gas emissions if the Ad-
ministrator determines that reporting under 
this section by such entity will help achieve the 
purposes of this title or title VIII; 
‘‘(D) any vehicle fleet with emissions of 
more than 25,000 tons of carbon dioxide equiv-
alent on an annual basis, if the Administrator 
determines that the inclusion of such fleet will 
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