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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 
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; 
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(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; 
(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, 
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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 
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 7 
years, and not more than an additional 
$20 may be provided for each additional 
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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-
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; 
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(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 
cost of a building. In nonresidential build-
ings with multiple units, such awards shall 
be prorated among individual units on the 
basis of relative costs of the retrofit. 
(iii) 
ADDITIONAL
AWARDS.—Addi-
tional awards may be provided, for build-
ings achieving at least 20 percent energy 
savings using funding provided under 
clause (i), as follows: 
(I) WATER.—For purposes of in-
creasing energy efficiency, grants may 
be made for whole building potable 
water use reduction (using an appro-
priate method approved by the Ad-
ministrator) for up to 50 percent of 
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the 
total 
retrofit 
cost, 
including 
amounts up to— 
(aa) $24.00 per thousand 
gallons per year of potable water 
savings of 40 percent or more; 
(bb) $27.00 per thousand 
gallons per year of potable water 
savings of 50 percent or more; 
and 
(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-
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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 
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) DISASTER DAMAGED BUILDINGS.—Any 
source of funds, including Federal funds pro-
vided through the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act, shall 
qualify as the building owner’s 50 percent con-
tribution, in order to match the contribution of 
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REEP funds, so long as the REEP funds are 
only used to improve the energy efficiency of 
the buildings being reconstructed. In addition, 
the appropriate Federal agencies providing as-
sistance to building owners through the Robert 
T. Stafford Disaster Relief and Emergency As-
sistance Act shall make information available, 
following a disaster, to building owners rebuild-
ing disaster damaged buildings with assistance 
from the Act, that REEP funds may be used 
for energy efficiency improvements. 
(D) 
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). 
(E) 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-
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sequent to the second year after the date of enact-
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. 
(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. 
(2) PROGRAM ADMINISTRATION.—State Energy 
Offices or designated State agencies may expend up 
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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. 
(b) PURPOSE.—The purpose of this section is to as-
sist low-income households residing in manufactured 
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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-
factured home constructed prior to 1976 that is 
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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 
the applicable State agency that the total in-
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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-
fied manufactured homes, may use allowance 
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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 
not more than 10 percent of such value for adminis-
trative expenses related to this program. 
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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. 
(b) DATA ASSESSMENT FOR BUILDING ENERGY PER-
FORMANCE.— 
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(1) INITIAL REPORT.—Not later than 90 days 
after the date of enactment of this Act, the Adminis-
trator shall provide to Congress, as well as to the 
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, 
and the Office of Management and Budget a state-
ment of additional resources needed, if any, to fully 
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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-
ment protocols are developed for at least 
90 percent of all major commercial build-
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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 
estate industry to assist in the evaluation and 
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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; 
(B) shall identify necessary data collection 
and record retention requirements; and 
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(C) may specify transition rules and ex-
emptions for classes of buildings within the 
building type. 
(e) PROCEDURES FOR EVALUATING DESIGNED PER-
FORMANCE.—The Administrator shall develop protocols 
for evaluating the designed performance of individual 
building types. The Administrator may conduct such 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 
(C) to display other appropriate elements 
identified during the development of measure-
ment protocols under subsections (d) and (e). 
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(2) INCLUSIONS.—Nothing in this section shall 
require the inclusion on such a label of designed per-
formance data where impracticable or not cost effec-
tive, or to preclude the display of both achieved per-
formance and designed performance data for a par-
ticular building where both such measures are avail-
able, practicable, and cost effective. 
(3) EXISTING
PROGRAMS.—In developing the 
model label, the Administrator shall consider 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. 
(4) FINAL RULE.—After providing for notice 
and comment, the Administrator shall publish a 
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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— 
(A) buildings from diverse geographical 
and climate regions; 
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(B) buildings in both urban and rural 
areas; 
(C) single-family residential buildings; 
(D) multihousing residential buildings with 
more than 50 units, including at least one 
project that provides affordable housing to indi-
viduals of diverse incomes; 
(E) single-occupant commercial buildings 
larger than 30,000 square feet; 
(F) multitenanted commercial buildings 
larger than 50,000 square feet; and 
(G) buildings from both the public and pri-
vate sectors. 
(3) PRIORITY.—Priority in the selection of dem-
onstration projects shall be given to projects that fa-
cilitate large-scale implementation of the labeling 
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 
Energy’s Energy Information Administration and 
Building Technologies Program. 
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(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 
those localities maintain. For this purpose, the Ad-
ministrator shall develop an electronic version of the 
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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 1 year of enactment of 
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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. 
(m) NEW CONSTRUCTION.—This section shall apply 
only to construction beginning after the date of enactment 
of this Act. 
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; 
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(5) every 100 healthy large trees removes about 
300 pounds of air pollution (including particulate 
matter and ozone) and about 15 tons of carbon diox-
ide from the air each year; 
(6) tree cover on private property and on newly- 
developed land has declined since the 1970s, even 
while emissions from transportation and industry 
have been rising; and 
(7) in over a dozen test cities across the United 
States, increasing urban tree cover has generated 
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; 
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(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 
(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 
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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- 
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. 
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(6) Relieving financial and demand pressure on 
retail power providers that stems from large peak- 
load energy demand. 
(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, 
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and prevailing wind direction shall be eligible for as-
sistance under this section. 
(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 
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are best planted in locations that achieve max-
imum reductions in consumer energy demand 
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 
3 years prior to the date of enactment of this 
section. 
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(e) AGREEMENTS
BETWEEN
ELECTRICITY
PRO-
VIDERS AND TREE-PLANTING ORGANIZATIONS.— 
(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 5 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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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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(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)’’. 
SEC. 207. COMMUNITY BUILDING CODE ADMINISTRATION 
GRANTS. 
(a) GRANT PROGRAM AUTHORIZED.— 
(1) GRANT AUTHORIZATION.—The Secretary of 
Housing and Urban Development shall to the extent 
amounts are made available for grants under this 
section provide grants to local building code enforce-
ment departments. 
(2) COMPETITIVE
AWARDS.—The Secretary 
shall award grants under paragraph (1) on a com-
petitive basis taking into consideration the following: 
(A) The financial need of each building 
code enforcement department. 
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(B) The benefit to the jurisdiction of hav-
ing an adequately funded building code enforce-
ment department. 
(C) The demonstrated ability of each build-
ing code enforcement department to work coop-
eratively with other local code enforcement of-
fices, health departments, and local prosecu-
torial agencies. 
(3) 
MAXIMUM
AMOUNT.—The 
maximum 
amount of any grant awarded under this subsection 
shall not exceed $1,000,000. 
(4) COORDINATION.—The Secretary of Housing 
and Urban Development shall coordinate with the 
Secretary of Energy to ensure that any unneces-
sarily duplicative funding through grants under this 
section of activities otherwise funded through the 
Department of Energy is minimized or eliminated. 
(b) REQUIRED ELEMENTS IN GRANT PROPOSALS.— 
In order to be eligible for a grant under subsection (a), 
a building code enforcement department of a jurisdiction 
shall submit to the Secretary the following: 
(1) A demonstration of the jurisdiction’s needs 
in executing building code enforcement administra-
tion. 
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(2) A plan for the use of any funds received 
from a grant under this section that addresses the 
needs discussed in paragraph (1) and that is con-
sistent with the authorized uses established in sub-
section (c). 
(3) A plan for local governmental actions to be 
taken to establish and sustain local building code en-
forcement administration functions, without con-
tinuing Federal support, at a level at least equiva-
lent to that proposed in the grant application. 
(4) A plan to create and maintain a program of 
public outreach that includes a regularly updated 
and readily accessible means of public communica-
tion, interaction, and reporting regarding the serv-
ices and work of the building code enforcement de-
partment to be supported by the grant. 
(5) A plan for ensuring the timely and effective 
administrative enforcement of building safety and 
fire prevention violations. 
(c) USE OF FUNDS; MATCHING FUNDS.— 
(1) AUTHORIZED USES.—Amounts from grants 
awarded under subsection (a) may be used by the 
grant recipient to supplement existing State or local 
funding for administration of building code enforce-
ment, or to supplement allowance value received pur-
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suant to this Act for implementation and enforce-
ment of energy efficiency building codes. Such 
amounts may be used to increase staffing, provide 
staff training, increase staff competence and profes-
sional qualifications, or support individual certifi-
cation or departmental accreditation, or for capital 
expenditures specifically dedicated to the administra-
tion of the building code enforcement department. 
(2) ADDITIONAL REQUIREMENT.—Each build-
ing code enforcement department receiving a grant 
under subsection (a) shall empanel a code adminis-
tration and enforcement team consisting of at least 
1 full-time building code enforcement officer, a city 
planner, and a health planner or similar officer. 
(3) MATCHING FUNDS REQUIRED.— 
(A) IN GENERAL.—To be eligible to receive 
a grant under this section, a building code en-
forcement department shall provide matching, 
non-Federal funds in the following amount: 
(i) In the case of a building code en-
forcement department serving an area with 
a population of more than 50,000, an 
amount equal to not less than 50 percent 
of the total amount of any grant to be 
awarded under this section. 
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(ii) In the case of a building code en-
forcement department serving an area with 
a population of between 20,001 and 
50,000, an amount equal to not less than 
25 percent of the total amount of any 
grant to be awarded under this section. 
(iii) In the case of a building code en-
forcement department serving an area with 
a population of less than 20,000, an 
amount equal to not less than 12.5 percent 
of the total amount of any grant to be 
awarded under this section. 
(B) ECONOMIC DISTRESS.— 
(i) IN GENERAL.—The Secretary may 
waive the matching fund requirements 
under subparagraph (A), and institute, by 
regulation, new matching fund require-
ments based upon the level of economic 
distress of the jurisdiction in which the 
local building code enforcement department 
seeking such grant is located. 
(ii) CONTENT OF REGULATIONS.—Any 
regulations instituted under clause (i) shall 
include— 
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(I) a method that allows for a 
comparison of the degree of economic 
distress among the local jurisdictions 
of grant applicants, as measured by 
the differences in the extent of growth 
lag, the extent of poverty, and the ad-
justed age of housing in such jurisdic-
tion; and 
(II) any other factor determined 
to be relevant by the Secretary in as-
sessing the comparative degree of eco-
nomic distress among such jurisdic-
tions. 
(4) IN-KIND CONTRIBUTIONS.—In determining 
the non-Federal share required to be provided under 
paragraph (3), the Secretary shall consider in-kind 
contributions, not to exceed 50 percent of the 
amount that the department contributes in non-Fed-
eral funds. 
(5) WAIVER
OF
MATCHING
REQUIREMENT.— 
The Secretary shall waive the matching fund re-
quirements under paragraph (3) for any recipient ju-
risdiction that has dedicated all building code per-
mitting fees to the conduct of local building code en-
forcement. 
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(d) EVALUATION AND REPORT.— 
(1) IN GENERAL.—Grant recipients under this 
section shall— 
(A) be obligated to fully account and re-
port for the use of all grants funds; and 
(B) provide a report to the Secretary on 
the effectiveness of the program undertaken by 
the grantee and any other criteria requested by 
the Secretary for the purpose of indicating the 
effectiveness of, and ideas for, refinement of the 
grant program. 
(2) REPORT.—The report required under para-
graph (1)(B) shall include a discussion of— 
(A) the specific capabilities and functions 
in local building code enforcement administra-
tion that were addressed using funds received 
under this section; 
(B) the lessons learned in carrying out the 
plans supported by the grant; and 
(C) the manner in which the programs 
supported by the grant are to be maintained by 
the grantee. 
(3) CONTENT
OF
REPORTS.—The Secretary 
shall— 
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(A) require each recipient of a grant under 
this section to file interim and final reports 
under paragraph (2) to ensure that grant funds 
are being used as intended and to measure the 
effectiveness and benefits of the grant program; 
and 
(B) develop and maintain a means whereby 
the public can access such reports, at no cost, 
via the Internet. 
(e) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
(1) BUILDING CODE ENFORCEMENT.—The term 
‘‘building code enforcement’’ means the enforcement 
of any code, adopted by a State or local government, 
that regulates the construction of buildings and fa-
cilities to mitigate hazards to life or property. Such 
term includes building codes, electrical codes, energy 
codes, fire codes, fuel gas codes, mechanical codes, 
and plumbing codes. 
(2) BUILDING
CODE
ENFORCEMENT
DEPART-
MENT.—The term ‘‘building code enforcement de-
partment’’ means an inspection or enforcement 
agency of a jurisdiction that is responsible for con-
ducting building code enforcement. 
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(3) JURISDICTION.—The term ‘‘jurisdiction’’ 
means a city, county, parish, city and county author-
ity, or city and parish authority having local author-
ity to enforce building codes and regulations and to 
collect fees for building permits. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Housing and Urban Development. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated $20,000,000 for each of fiscal years 
2010 through 2014 to the Secretary of Housing and 
Urban Development to carry out the provisions of 
this section. 
(2) RESERVATION.—From the amount made 
available under paragraph (1), the Secretary may re-
serve not more than 5 percent for administrative 
costs. 
(3) AVAILABILITY.—Any funds appropriated 
pursuant to paragraph (1) shall remain available 
until expended. 
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SEC. 208. SOLAR ENERGY SYSTEMS BUILDING PERMIT RE-
QUIREMENTS FOR RECEIPT OF COMMUNITY 
DEVELOPMENT BLOCK GRANT FUNDS. 
Section 104 of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5304) is amended by adding 
at the end the following new subsection: 
‘‘(n) REQUIREMENTS FOR BUILDING PERMITS RE-
GARDING SOLAR ENERGY SYSTEMS.— 
‘‘(1) IN GENERAL.—A grant under section 106 
for a fiscal year may be made only if the grantee 
certifies to the Secretary that— 
‘‘(A) in the case of a grant under section 
106(a) for any Indian tribe or insular area, 
during such fiscal year the cost of any permit 
or license, for construction or installation of any 
solar energy system for any structure, that is 
required by the tribe or insular area or by any 
other unit of general local government or other 
political subdivision of such tribe or insular 
area, complies with paragraph (2); 
‘‘(B) in the case of a grant under section 
106(b) for any metropolitan city or urban coun-
ty, during such fiscal year the cost of any per-
mit or license, for construction or installation of 
any solar energy system for any structure, that 
is required by the metropolitan city or urban 
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county, or by any other political subdivision of 
such city or county, complies with paragraph 
(2); and 
‘‘(C) in the case of a grant under section 
106(d) for any State, during such fiscal year 
the cost of any permit or license, for construc-
tion or installation of any solar energy system 
for any structure, that is required by the State, 
or by any other unit of general local govern-
ment within any nonentitlement area of such 
State, or other political subdivision within any 
nonentitlement area of such State or such a 
unit of general local government, complies with 
paragraph (2). 
‘‘(2) LIMITATION ON COST.—The cost of permit 
or license for construction or installation of any 
solar energy system complies with this paragraph 
only if such cost does not exceed the following 
amount: 
‘‘(A) RESIDENTIAL STRUCTURES.—In the 
case of a structure primarily for residential use, 
$500. 
‘‘(B) NONRESIDENTIAL STRUCTURES.—In 
the case of a structure primarily for nonresiden-
tial use, 1.0 percent of the total cost of the in-
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stallation or construction of the solar energy 
system, but not in excess of $10,000. 
‘‘(3) NONCOMPLIANCE.—If the Secretary deter-
mines that a grantee of a grant made under section 
106 is not in compliance with a certification under 
paragraph (1)— 
‘‘(A) the Secretary shall notify the grantee 
of such determination; and 
‘‘(B) if the grantee has not corrected such 
noncompliance before the expiration of the 6- 
month period beginning upon notification under 
subparagraph (A), such grantee shall not be eli-
gible for 5 percent of any amounts awarded 
under a grant under section 106 for the first 
fiscal year that commences after the expiration 
of such 6-month period. 
‘‘(4) SOLAR ENERGY SYSTEM.—For purposes of 
this subsection, the term ‘solar energy system’ 
means, with respect to a structure, equipment that 
uses solar energy to generate electricity for, or to 
heat or cool (or provide hot water for use in), such 
structure.’’. 
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‘‘(B) may be designed to accept additional 
components that provide aesthetic, optical, and 
environmental control. 
‘‘(69) LED LIGHT FIXTURE.—The term ‘LED 
light fixture’ means a complete lighting unit con-
sisting of— 
‘‘(A) an LED light source with 1 or more 
LED lamps or LED light engines; and 
‘‘(B) parts— 
‘‘(i) to distribute the light; 
‘‘(ii) to position and protect the light 
source; and 
‘‘(iii) to connect the light source to 
electrical power. 
‘‘(70) LIGHT
FIXTURE.—The term ‘light fix-
ture’ means a product designed to provide light that 
includes— 
‘‘(A) at least 1 lamp socket; and 
‘‘(B) parts— 
‘‘(i) to distribute the light; 
‘‘(ii) position and protect 1 or more 
lamps; and 
‘‘(iii) to connect 1 or more lamps to a 
power supply. 
‘‘(71) PORTABLE LIGHT FIXTURE.— 
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Energy Policy and Conservation Act (42 U.S.C. 
6294(a)(2)) is amended by adding the following at the 
end: 
‘‘(I)(i) Not later than 90 days after the date of enact-
ment of this subparagraph, the Commission shall initiate 
a rulemaking to implement the additional labeling require-
ments specified in subsection (c)(1)(C) of this section with 
an effective date for the revised labeling requirement not 
later than 12 months from issuance of the final rule. 
‘‘(ii) Not later than 24 months after the date of en-
actment of this subparagraph, the Commission shall com-
plete the rulemaking initiated under clause (i). 
‘‘(iii) Not later than 90 days after issuance of the 
final rule as provided in this subparagraph, the Secretary 
shall issue calculation methods required to effectuate the 
labeling requirements specified in subsection (c)(1)(C) of 
this section.’’. 
(2) Section 324(c)(1) of the Energy Policy and Con-
servation Act (42 U.S.C. 6294(c)(1)) is amended— 
(A) by striking ‘‘and’’ at the end of subpara-
graph (A); 
(B) by striking the period at the end of sub-
paragraph (B) and inserting a semicolon; and 
(C) by adding at the end the following new sub-
paragraphs: 
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allowances established for that year that are 
placed in the strategic reserve account under 
this paragraph. 
‘‘(2) SUPPLEMENTING
THE
STRATEGIC
RE-
SERVE.—The Administrator shall also— 
‘‘(A) at the end of each calendar year, 
transfer to the strategic reserve account each 
emission allowance that was offered for sale but 
not sold at any auction conducted under section 
791; and 
‘‘(B) deposit emission allowances estab-
lished under subsection (g) from auction pro-
ceeds into the strategic reserve, to the extent 
necessary to maintain the reserve at its original 
size. 
‘‘(c) MINIMUM
STRATEGIC
RESERVE
AUCTION 
PRICE.— 
‘‘(1) IN GENERAL.—At each strategic reserve 
auction, the Administrator shall offer emission al-
lowances for sale beginning at a minimum price per 
emission allowance, which shall be known as the 
‘minimum strategic reserve auction price’. 
‘‘(2) INITIAL
MINIMUM
STRATEGIC
RESERVE 
AUCTION PRICES.—The minimum strategic reserve 
auction price shall be $28 (in constant 2009 dollars) 
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