class, in accordance with sections 503.2.7.1.2 
and 503.2.7.1.3 of the 2009 IECC. 
(23) QUALIFIED
INTERIOR
LIGHTING.—The 
term ‘‘qualified interior lighting’’ means new interior 
lighting that— 
(A) replaces operational interior lighting in 
a commercial building or multifamily residential 
building; and 
(B) achieves an installed power reduction 
of 25 percent or more as compared to the in-
stalled power of the lighting that was replaced, 
as determined in accordance with section 
3(c)(6)(B). 
(24) QUALIFIED
LOW
SLOPE
ROOF
INSULA-
TION.—The term ‘‘qualified low slope roof insula-
tion’’ means a retrofit that— 
(A) adds new insulation to a roof on a 
commercial building or multifamily residential 
building if the roof insulation is entirely above 
deck, as defined in ASHRAE Standard 90.1– 
2007 or 2009 IECC; and 
(B) meets or exceeds the R-values for the 
applicable climate zone in the following table: 
Climate Zones 
R-Value ...................
35. 
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(25) QUALIFIED
MECHANICAL
INSULATION.— 
The term ‘‘qualified mechanical insulation’’ means 
the installation or repair of mechanical or duct insu-
lation to meet or exceed ASHRAE Standard 90.1– 
2007 or 2009 IECC in a commercial building or 
multifamily residential building. 
(26) QUALIFIED REPLACEMENT CHILLER.—The 
term ‘‘qualified replacement chiller’’ means a water- 
cooled chiller that— 
(A) is certified to meet efficiency standards 
effective on January 1, 2010, as defined in 
table 6.8.1c in Addendum M to Standard 90.1– 
2007 of ASHRAE; and 
(B) replaces a chiller that— 
(i) was installed before January 1, 
1993; 
(ii) uses chlorofluorocarbon refrig-
erant; and 
(iii) until replaced by a new chiller, 
has remained in operation and used for 
cooling a commercial building. 
(27) 
QUALIFIED
RETRO
COMMISSIONING 
STUDY.—The term ‘‘qualified retro commissioning 
study’’ means a commissioning study of building en-
ergy systems that is— 
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(A) conducted consistent with the guide-
lines in the Retro Commissioning Guide for 
Building Owners prepared for— 
(i) 
the 
Environmental 
Protection 
Agency; or 
(ii) the document entitled ‘‘California 
Commissioning Guide: Existing Buildings’’ 
published by the California Commissioning 
Collaborative; and 
(B) performed by a service provider with— 
(i) an ASHRAE Commissioning Proc-
ess Management Professional certification; 
or 
(ii) a Building Commissioning Asso-
ciation Certified Commissioning Profes-
sional certification. 
(28) QUALIFIED
SERVICE
ON
COOLING
SYS-
TEMS.— 
(A) IN
GENERAL.—The term ‘‘qualified 
service on cooling systems’’ means periodic 
maintenance service on a central air conditioner 
that— 
(i) is located in a commercial building 
or multifamily residential building; and 
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(ii) has a capacity of not less than 2 
tons. 
(B) INCLUSIONS.—The term ‘‘qualified 
service on cooling systems’’ includes— 
(i) a cleaning of a condenser coil; 
(ii) a check of system pressure; 
(iii) an inspection and replacement of 
a filter; 
(iv) an inspection and replacement of 
a belt; 
(v) an inspection and repair of an 
economizer; 
(vi) an inspection of a contractor; 
(vii) an inspection of an evaporator; 
(viii) an evaluation of a compressor 
ampere draw; 
(ix) an evaluation of supply motor 
amp draw; 
(x) an evaluation of a condenser fan 
amp draw; 
(xi) an evaluation of liquid line tem-
perature; 
(xii) an evaluation of suction pressure 
and temperature; 
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(xiii) an evaluation of oil level and 
pressure; 
(xiv) an inspection of low pressure 
controls and high pressure controls; 
(xv) an evaluation of crankcase heater 
operation; 
(xvi) a cleaning of chiller condenser 
tubes; 
(xvii) a cleaning of chiller evaporator 
tubes; or 
(xviii) a check, and if necessary, cor-
rection of a refrigerant charge and system 
airflow to conform to manufacturer speci-
fications. 
(29) QUALIFIED SERVICE ON SPACE HEATING 
EQUIPMENT.— 
(A) IN
GENERAL.—The term ‘‘qualified 
service on space heating equipment’’ means the 
periodic maintenance service on a boiler, unit 
heaters make-up air unit, heat pump, furnace, 
or industrial space heating equipment with 
forced or induced draft combustion that is lo-
cated in a commercial or multifamily residential 
building. 
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(B) INCLUSIONS.—The term ‘‘qualified 
service on space heating equipment’’ includes— 
(i) cleaning all heat exchange surfaces 
and checking and calibrating all system 
controls; and 
(ii) combustion efficiency tests and 
stack 
temperature 
measurements 
con-
ducted before and after the service. 
(30) QUALIFIED UNITARY AIR CONDITIONER.— 
The term ‘‘qualified unitary air conditioner’’ means 
a new 3 phase unitary air conditioner that— 
(A) replaces an operational air conditioner 
or heat pump in a commercial building or mul-
tifamily residential building; and 
(B) meets or exceeds Consortium for En-
ergy Efficiency Tier 1 efficiency standards as in 
effect on January 1, 2010. 
(31) QUALIFIED
UNITARY
HEAT
PUMP.—The 
term ‘‘qualified unitary heat pump’’ means a new 3 
phase unitary heat pump that— 
(A) replaces an operational air conditioner 
or heat pump in a commercial building or mul-
tifamily residential building; and 
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(B) meets or exceeds Consortium for En-
ergy Efficiency Tier 1 level of efficiency as in 
effect on January 1, 2010. 
(32) QUALIFIED VARIABLE SPEED DRIVE.—The 
term ‘‘qualified variable speed drive’’ means a new 
electronic variable speed drive that— 
(A) is added to an operational motor in 
a— 
(i) chilled water pump; 
(ii) cooling tower fan; 
(iii) fume hood exhaust or makeup 
fan; 
(iv) hot water pump; 
(v) exhaust fan; 
(vi) chiller compressor; or 
(vii) supply, return, or exhaust fan on 
a variable-air volume unit that is located in 
a commercial building or multifamily resi-
dential building and operates not less than 
2,000 hours annually; 
(B) is controlled automatically by a build-
ing automation system, process control system, 
or local controller driven by differential pres-
sure, flow, temperature, or another variable sig-
nal; and 
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(C) incorporates a series reactor for power 
factor correction. 
(33) QUALIFIED
WATER
HEATER.—The term 
‘‘qualified water heater’’ means a new natural gas or 
electric storage water heater with a capacity of 
75,000 Btu/hour or greater, or a tankless water 
heater with a capacity of 200,000 Btu/hour or great-
er, that replaces an operational water heater in a 
commercial building or multifamily residential build-
ing and meets or exceeds— 
(A) in the case of a natural gas water 
heater, 90 percent thermal efficiency; 
(B) in the case of an electric water heat-
er— 
(i) a 2.5 Coefficient of Performance; 
or 
(ii) a 2.0 Energy Factor; and 
(C) in the case of a wood or wood pellet 
water heater, 75 percent thermal efficiency. 
(34) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
(35) SHGC.—The term ‘‘SHGC’’ means the 
Solar Heat Gain Coefficient. 
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(36) TIER 1 QUALIFIED WINDOW.—The term 
‘‘tier 1 qualified window’’ means a new window 
that— 
(A) replaces an existing window in a com-
mercial building or multifamily residential 
building; and 
(B) meets or is better than— 
(i) the applicable U-factor and SHGC 
requirements (both certified to NFRC 
standards) in the following table: 
Climate Zones 
U-Factor .................
.57 
.57 
.40 
.35 
.35 
.35 
.35 
.35 
SHGC .....................
.25 
.25 
.25 
.40 
.40 
.40 
.45 
.45 
; and 
(ii) in the case of a window with im-
pact-rated glazing in climate zone 1, a U- 
factor of 1.20. 
(37) TIER 2 QUALIFIED WINDOW.—The term 
‘‘tier 2 qualified window’’ means a new window 
that— 
(A) replaces an existing window in a com-
mercial building or multifamily residential 
building; and 
(B) meets or is better than— 
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(i) the applicable U-factor and SHGC 
requirements (both certified to NFRC 
standards) in the following table: 
Climate Zones 
U-Factor .................
.32 
.32 
.30 
.30 
.30 
.30 
.30 
.30 
SHGC .....................
.25 
.25 
.25 
.26 
.26 
.35 
.45 
.45 
; and 
(ii) in the case of a window with im-
pact-rated glazing in climate zone 1, a U- 
factor of 1.20. 
SEC. 3. BUILDING STAR PROGRAM. 
(a) ESTABLISHMENT.—There is established in the 
Department of Energy a program to be known as the 
‘‘Building Star Energy Efficiency Rebate Program of 
2010’’ under which the Secretary, in accordance with this 
section, shall issue rebates to building owners to offset a 
portion of the cost of purchasing and installing qualifying 
equipment or materials or undertaking qualifying services 
to enhance the energy efficiency of existing commercial 
buildings and multifamily residential buildings. 
(b) REBATES FOR BUILDING ENVELOPE ENERGY 
EFFICIENCY MEASURES.—Rebates for the purchase and 
installation of qualifying insulation, windows, and quali-
fied high-efficiency window films and screens in commer-
cial or multifamily residential buildings shall be available 
in the following amounts: 
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(1) BUILDING
ENVELOPE
INSULATION.—For 
qualified building envelope insulation, a rebate of 
$0.60 per square foot of insulated area. 
(2) LOW
SLOPE
ROOFING
INSULATION.—For 
qualified low slope roofing insulation, a rebate of 
$0.80 per square foot of insulated roof area over 
conditioned space. 
(3) MECHANICAL
INSULATION.—For qualified 
mechanical insulation, rebates shall be the amounts 
specified in the following table: 
Piping and Equipment Applications 
Rebate 
2″ Iron Pipe Size and below ................
$2.50 per equivalent lineal foot 
2″ to 12″ Iron Pipe Size ......................
$5.00 per equivalent lineal foot 
Above 12″ Iron Pipe Size and equip-
ment.
$5.00 per square foot 
HVAC Duct Applications .....................
$1.00 per square foot. 
(4) WINDOWS.— 
(A) TIER
QUALIFIED
WINDOWS.—For 
Tier 1 qualified windows, a rebate of $150 per 
window. 
(B) TIER
QUALIFIED
WINDOWS.—For 
Tier 2 qualified windows, a rebate of $300 per 
window. 
(5) HIGH-EFFICIENCY
WINDOW
FILMS
AND 
SCREENS.—For qualified high-efficiency window 
films and screens, a rebate of $1.00 per square foot 
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of treated glass enclosing a mechanically conditioned 
space. 
(c) REBATES FOR ELIGIBLE EQUIPMENT INSTALLA-
TION.—Rebates for the purchase and installation of quali-
fying new energy efficient equipment in commercial build-
ings or multifamily residential buildings shall be available 
in the following amounts: 
(1) BOILERS.—For qualified boilers, rebates 
shall be the amounts specified in the following table: 
Boiler Fuel 
Rebate 
Natural Gas-fired .................................
$10 per thousand Btu per hour capac-
ity 
Oil-fired ................................................
$3 per thousand Btu per hour capacity 
Wood or wood pellet boiler ...................
$ll per thousand Btu per hour ca-
pacity. 
(2) FURNACES.—For qualified furnaces, re-
bates of $5 per thousand Btu per hour of capacity. 
(3) WATER
HEATERS.—For qualified water 
heaters, rebates shall be the amounts specified in the 
following table: 
Energy Source 
Rebate 
Natural Gas ..........................................
$8 per thousand Btu per hour capacity 
Electricity .............................................
$20 per thousand Btu per hour of 
heat pump capacity 
Wood or wood pellet water heater ........
$ll per thousand Btu per hour ca-
pacity. 
(4) UNITARY
AIR
CONDITIONERS
AND
HEAT 
PUMPS.—For qualified unitary air conditioners and 
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qualified unitary heat pumps, rebates shall be the 
amounts specified in the following table: 
Efficiency Level 
Rebate 
Consortium on Energy Efficiency Tier 
1 efficiency standards (as in effect 
on January 1, 2010).
$100 per ton cooling capacity 
Consortium of Energy Efficiency Tier 
2 efficiency standards (as in effect 
on January 1, 2010).
$200 per ton cooling capacity. 
(5) VARIABLE SPEED DRIVES FOR MOTORS.— 
For qualified variable speed drives, rebates shall be 
the amounts specified in the following table: 
Power Controlled (horsepower) 
Rebate Level 
<10 hp ................................................
$120/hp 
10–100 hp ............................................
$80/hp 
>100 hp ...............................................
$40/hp. 
(6) INTERIOR LIGHTING.— 
(A) IN GENERAL.—For qualified interior 
lighting, subject to subparagraphs (B) and (C), 
rebates based on reduced lighting power shall 
be the amounts specified in the following table: 
25% or greater reduction in installed lighting power 
(as adjusted) 
$0.25 per square foot 
of illuminated floor 
area affected 
40% or greater reduction in installed lighting 
power (as adjusted) 
$0.50 per square foot 
of illuminated floor 
area affected. 
(B) CALCULATION.—Reductions in in-
stalled lighting power resulting from installation 
of qualified interior lighting shall be calculated 
by determining the difference between— 
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(i) the product obtained by multi-
plying— 
(I) the quantity of installed 
power (kW) for existing interior light-
ing; and 
(II) the applicable control factor; 
and 
(ii) the product obtained by multi-
plying— 
(I) the quantity of installed 
power (kW) of the replacement inte-
rior lighting system; and 
(II) the applicable control factor. 
(C) CONTROL FACTORS.—For purposes of 
subparagraph (B), control factors for installed 
lighting controls shall be— 
(i) for manual dimming controls, 0.9; 
(ii) for occupancy sensors, 0.9; 
(iii) for programmable multilevel dim-
ming controls, 0.9; 
(iv) for programmable multilevel dim-
ming controls with programmable time 
scheduling, 0.85; and 
(v) for daylight dimming controls, 
0.75. 
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(7) EXTERIOR LIGHTING.— 
(A) IN GENERAL.—For qualified exterior 
lighting, subject to subparagraphs (B) and (C), 
rebates based on reduced energy usage shall be 
the amounts specified in the following table: 
20% or greater reduction in calculated annual energy 
usage 
$0.40 per kWh reduc-
tion in calculated 
annual energy usage 
40% or greater reduction in calculated annual energy 
usage 
$1.00 per kWh reduc-
tion in calculated 
annual energy 
usage. 
(B) CALCULATION.—Reductions in annual 
energy usage resulting from installation of 
qualified exterior lighting shall be calculated by 
determining the difference between— 
(i) the product obtained by multi-
plying— 
(I) the quantity of installed 
power (kW) for existing exterior light-
ing; 
(II) 4,000 operating hours per 
year; and 
(III) the applicable control fac-
tor; and 
(ii) the product obtained by multi-
plying— 
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(I) the quantity of installed 
power (kW) of the replacement exte-
rior lighting system; 
(II) 4,000 operating hours per 
year; and 
(III) the applicable control fac-
tor. 
(C) CONTROL FACTORS.—For purposes of 
subparagraph (B), control factors for installed 
lighting controls shall be— 
(i) for 7-day time controls (with a 
provision for holiday schedule) if lighting is 
switched off a minimum of 4 hours per 
night, 0.75; 
(ii) for motion sensors if lighting 
power is reduced by at least 40 percent 
after no activity has been detected for at 
least 20 minutes, 0.75; and 
(iii) for remote monitoring and multi-
level lighting controls, 0.60. 
(8) QUALIFIED REPLACEMENT CHILLERS.— 
(A) IN GENERAL.—For qualified replace-
ment chillers, rebates shall be the sum of— 
(i) the product obtained by multi-
plying— 
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(I) $150; and 
(II) the tonnage rating of the re-
placed chiller; and 
(ii) if all chilled water distribution 
pumps connected to the qualified replace-
ment chiller include variable frequency 
drives, the product obtained by multi-
plying— 
(I) $100; and 
(II) 
any 
chiller 
tonnage 
downsizing. 
(B) AUDITS.—As a condition of receiving a 
rebate for a qualified replacement chiller, an 
audit with requirements determined by the Sec-
retary (not later than 45 days after the date of 
enactment of this Act) shall be performed on a 
building prior to installation of the qualified re-
placement chiller that identifies cost-effective 
energy-saving measures, particularly measures 
that 
could 
contribute 
to 
chiller 
tonnage 
downsizing. 
(d) REBATES FOR ELIGIBLE ENERGY EFFICIENCY 
SERVICES.—Rebates for qualifying services to enhance the 
energy efficiency of commercial or multifamily residential 
buildings shall be available in the following amounts: 
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(1) ENERGY AUDIT AND RETRO COMMISSIONING 
STUDY.— 
(A) IN
GENERAL.—For qualified energy 
audits or qualified retro commissioning studies, 
subject to subparagraph (B), a rebate equal to 
the lesser of— 
(i) $0.05 per square foot of audited or 
commissioned building space; or 
(ii) 50 percent of the cost of the audit 
or study. 
(B) AVOIDANCE
OF
DUPLICATION.—Re-
bates shall not be made for energy audits and 
retro commissioning studies under subpara-
graph (A) for the same building. 
(2) ENERGY-EFFICIENT BUILDING OPERATIONS 
AND
MAINTENANCE
TRAINING.—For qualified en-
ergy-efficient building operation and maintenance 
training, a rebate of $2,000 per individual trained 
and certified. 
(3) SERVICE
ON
SPACE
HEATING
EQUIP-
MENT.—For qualified service on space heating 
equipment, a rebate of $100 per unit serviced. 
(4) SERVICE
ON
COOLING
SYSTEMS.—For 
qualified service on cooling systems, a rebate equal 
to the lesser of— 
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(A) $2 per ton of nameplate capacity of 
the serviced cooling system; and 
(B) 50 percent of the total service cost. 
(5) ENERGY
MONITORING
AND
MANAGEMENT 
SYSTEMS.— 
(A) INSTALLATION.—For qualified energy 
monitoring and management systems installed 
in a commercial building or multifamily residen-
tial building that have analog controls (pneu-
matic or electronic), or if no control system ex-
ists, a rebate equal to the lesser of— 
(i) $0.45 per square foot of building 
space covered by the qualified energy mon-
itoring and management system; or 
(ii) 50 percent of the total installation 
and commissioning costs. 
(B) UPGRADING.—For upgrading an exist-
ing energy monitoring and management system 
in a commercial building or multifamily residen-
tial building to add submetering to all major in-
dividual loads, such as heating, ventilation, air 
conditioning, and lighting, a rebate equal to the 
lesser of— 
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(i) $0.15 per square foot of building 
space covered by the energy management 
system, or 
(ii) 50 percent of the total installation 
cost. 
(6) HVAC TESTING, BALANCING, AND
DUCT 
SEALING.—For qualified HVAC testing, balancing, 
and duct sealing, a rebate of $0.75 per square foot 
of duct surface tested, balanced, and if necessary, 
sealed. 
(e) ADMINISTRATION.— 
(1) ELIGIBILITY
PERIOD.—A rebate issued 
under the program shall be provided only in connec-
tion with qualifying equipment installations or serv-
ices provided during the period beginning on the 
date of enactment of this Act and ending on Decem-
ber 31, 2011. 
(2) COMBINATION WITH OTHER INCENTIVES.— 
The availability or use of a Federal, State, local, 
utility, or other incentive for any qualifying equip-
ment installation or service shall not affect eligibility 
for rebates under the program. 
(3) ADDITIONAL
FEES.—A dealer, equipment 
installer, or service provider may not charge a per-
son purchasing goods or services any additional fees 
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associated with applying for a rebate under the pro-
gram. 
(4) LIMITATION ON TOTAL REBATES ISSUED.— 
The total value of rebates issued under the program 
may not exceed the amounts made available for the 
program. 
(5) MAXIMUM REBATE.—The amount of any re-
bate paid to an applicant for any qualified measure 
under this section shall be the lesser of— 
(A) the amount determined under sub-
section (b), (c), or (d); or 
(B) 1⁄2 of the cost actually incurred by the 
applicant building owner to complete the meas-
ure that is eligible for the rebate. 
(f) IMPLEMENTATION.—Notwithstanding section 553 
of title 5, United States Code, not later than 30 days after 
the date of enactment of this Act, the Secretary shall, in 
consultation with the Secretary of the Treasury, establish 
rules and procedures to implement the program, including 
rules and procedures for— 
(1) building owners or designees to submit ap-
plications (including forms) that— 
(A) specify the proposed measures that 
qualify for a rebate and the total rebate re-
quested; and 
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(B) require that the work be completed by 
licensed contractors or service providers in com-
pliance with all applicable Federal, State and 
local building codes and standards; 
(2) the Secretary— 
(A) to consider applications; and 
(B) to the extent that the Secretary deter-
mines that proposed measures will qualify for 
rebates under this section if undertaken and 
that there are sufficient uncommitted funds to 
carry out the program, to issue confirmations to 
applicants that rebates will be made if proposed 
measures are completed; 
(3) an applicant— 
(A) to certify, following completion of the 
measures identified in the application, that the 
measures undertaken qualify for rebate under 
this section; and 
(B) to complete the measures described in 
the application, and submit a certification, not 
later than— 
(i) 180 days after the date of receipt 
of a confirmation; or 
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(ii) in the case of a qualified replace-
ment chiller, 360 days after the date of re-
ceipt of a confirmation; 
(4) appropriate verification by the Secretary of 
eligibility for a rebate prior to payment; 
(5) verification and payment of rebates by elec-
tronic transfer of funds or other means that ensure 
that the payment occurs not later than 30 days after 
the date of submission of certification that measures 
described in the application have been completed; 
(6) certification by the installer, as part of the 
certification under paragraph (3), that any refrig-
erants, toxic materials, and other hazards have been 
removed and disposed of in accordance with all ap-
plicable Federal, State, and local laws; 
(7) field inspections by the Federal Government 
of at least 10 percent of the projects for which re-
bates are received under the program; and 
(8) compliance monitoring and enforcement. 
(g) CIVIL PENALTIES.— 
(1) IN GENERAL.—Any person who knowingly 
makes a false or misleading statement in an applica-
tion or certification under this section shall be liable 
to the United States for a civil penalty in an amount 
equal to not more than the higher of— 
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(A) $15,000 for each violation; or 
(B) the amount that is equal to 3 times 
the value of any associated rebate received 
under this section. 
(2) ADMINISTRATION.—In carrying out this 
subsection, the Secretary— 
(A) may assess and compromise penalties 
described in paragraph (1); 
(B) may require from any entity the 
records and inspections necessary to carry out 
the program; and 
(C) shall consider the severity of the viola-
tion and the intent and history of the person 
committing a violation in determining the 
amount of a penalty. 
(h) INFORMATION TO BUILDING OWNERS, SERVICE 
PROVIDERS, AND EQUIPMENT INSTALLERS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of enactment of this Act, the Secretary 
shall make available on an Internet website and 
through other means determined by the Secretary, 
information about the program, including informa-
tion on— 
(A) how to determine whether particular 
efficiency measures are eligible for a rebate; 
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(B) how to participate in the program, in-
cluding how to apply for rebates; and 
(C) the equipment and services meeting 
the requirements of the program. 
(2) UPDATING.—The Secretary shall update, as 
appropriate, the information required under para-
graph (1). 
(i) REPORT TO CONGRESS.—Not later than 60 days 
after the termination date described in subsection (e)(1), 
the Secretary shall submit to the Committee on Energy 
and Commerce of the House of Representatives and the 
Committee on Energy and Natural Resources of the Sen-
ate a report describing the efficacy of the program, includ-
ing— 
(1) a description of program results, includ-
ing— 
(A) the total number and value of rebates 
issued for installation of new energy efficient 
equipment by category of equipment; 
(B) the total number and value of rebates 
issued for services rendered by category of serv-
ice; and 
(C) the geographic distribution of activities 
for which rebates were issued; 
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(2) an estimate of the overall increase in energy 
efficiency as a result of the program, expressed in 
terms of percentage improvement by— 
(A) type of equipment; 
(B) total annual energy savings; and 
(C) total annual greenhouse gas reduc-
tions; and 
(3) an estimate of the overall jobs created and 
economic growth achieved as a result of the pro-
gram. 
SEC. 4. STATE-BASED FINANCING ASSISTANCE FOR COM-
MERCIAL BUILDING RETROFITS. 
(a) DEFINITIONS.—In this section: 
(1) BUILDING
STAR
ENERGY
RETROFIT
PRO-
GRAM.—The term ‘‘Building Star energy retrofit 
program’’ means the Building Star energy retrofit 
program established under section 3. 
(2) ELIGIBLE PARTICIPANT.—The term ‘‘eligi-
ble participant’’ means a building owner, apartment 
complex owner, residential cooperative association, 
or condominium association that— 
(A) meets the eligibility requirements es-
tablished by a qualified loan program delivery 
entity designated by the building owner; and 
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(B) receives financial assistance from the 
qualified loan program delivery entity to carry 
out energy efficiency or renewable energy im-
provements to an existing building in accord-
ance with the Building Star energy retrofit pro-
gram established under section 3. 
(3) PROGRAM.—The term ‘‘program’’ means 
the Building Star Energy Efficiency Loan Program 
established under subsection (b). 
(4) QUALIFIED LOAN PROGRAM MECHANISM.— 
The term ‘‘qualified loan program mechanism’’ 
means a loan program that is— 
(A) administered by a qualified program 
delivery entity; and 
(B) principally funded— 
(i) by funds provided by or overseen 
by a State; or 
(ii) through the energy loan program 
of the Federal National Mortgage Associa-
tion. 
(5) QUALIFIED PROGRAM DELIVERY ENTITY.— 
The term ‘‘qualified program delivery entity’’ means 
a State, political subdivision of a State, tribal gov-
ernment, energy utility, natural gas utility, nonprofit 
or community-based organization, energy service 
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company, retailer, or any other qualified entity 
that— 
(A) meets the eligibility requirements of 
this section; and 
(B) is approved by the State that admin-
isters the program in the State. 
(b) ESTABLISHMENT.—The Secretary shall establish 
a Building Star Energy Efficiency Loan Program under 
which the Secretary shall make grants to States to support 
financial assistance provided by qualified program delivery 
entities for making, to existing buildings, energy efficiency 
and renewable energy improvements that qualify under the 
Building Star energy retrofit program. 
(c) ELIGIBILITY OF QUALIFIED PROGRAM DELIVERY 
ENTITIES.—To be eligible to participate in the program, 
a qualified program delivery entity shall— 
(1) offer a financing product under which eligi-
ble participants may pay over time for the cost to 
the eligible participant (after all applicable Federal, 
State, local, and other rebates or incentives are ap-
plied) of making improvements described in section 
3; 
(2) require all financed improvements to be per-
formed by contractors in a manner that meets min-
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imum standards that are at least as stringent as the 
standards established under section 3; and 
(3) establish standard underwriting criteria to 
determine the eligibility of program applicants, 
which criteria shall be consistent with commercially 
recognized best practices applicable to the form of fi-
nancial assistance being provided (as determined by 
the designated entity administering the program in 
the State). 
(d) ALLOCATION.—In making funds available to 
States for each fiscal year under this section, the Sec-
retary shall use the formula used to allocate funds to 
States to carry out State energy conservation plans estab-
lished under part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.). 
(e) QUALIFIED PROGRAM DELIVERY ENTITIES.—Be-
fore making a grant to a State under this section, the Sec-
retary shall require the Governor of the State to provide 
to the Secretary a letter of assurance that the State— 
(1) has 1 or more qualified program delivery 
entities that meet the requirements of this section; 
(2) has established a qualified loan program 
mechanism that— 
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(A) includes a methodology to ensure cred-
ible energy savings or renewable energy genera-
tion; 
(B) incorporates an effective repayment 
mechanism, which may include— 
(i) on-utility-bill repayment; 
(ii) tax assessment or other form of 
property assessment financing; 
(iii) municipal service charges; 
(iv) energy or energy efficiency serv-
ices contracts; 
(v) energy efficiency power purchase 
agreements; or 
(vi) alternative contractual repayment 
mechanisms that have been demonstrated 
to have appropriate risk mitigation fea-
tures; and 
(3) will provide, in a timely manner, all infor-
mation regarding the administration of the program 
as the Secretary may require to permit the Secretary 
to meet the reporting requirements of subsection (h). 
(f) USE
OF GRANT FUNDS.—Grant funds made 
available to States under the program may be used to sup-
port financing products offered by qualified program deliv-
ery entities to eligible participants, by providing— 
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