42 U.S.C. § 17175 (THE PUBLIC HEALTH AND WELFARE)
§ 17175. Photovoltaic demonstration program
(a) In general
The Secretary shall establish a program of grants to States to demonstrate advanced photovoltaic technology.
(b) Requirements
(1) Ability to meet requirements
To receive funding under the program under this section, a State must submit a proposal that demonstrates, to the satisfaction of the Secretary, that the State will meet the requirements of subsection (f).
(2) Compliance with requirements
If a State has received funding under this section for the preceding year, the State must demonstrate, to the satisfaction of the Secretary, that it complied with the requirements of subsection (f) in carrying out the program during that preceding year, and that it will do so in the future, before it can receive further funding under this section.
(c) Competition
The Secretary shall award grants on a competitive basis to the States with the proposals the Secretary considers most likely to encourage the widespread adoption of photovoltaic technologies. The Secretary shall take into consideration the geographic distribution of awards.
(d) Proposals
Not later than 6 months after December 19, 2007, and in each subsequent fiscal year for the life of the program, the Secretary shall solicit proposals from the States to participate in the program under this section.
(e) Competitive criteria
In awarding funds in a competitive allocation under subsection (c), the Secretary shall consider—
(1) the likelihood of a proposal to encourage the demonstration of, or lower the costs of, advanced photovoltaic technologies; and
(2) the extent to which a proposal is likely to—
(A) maximize the amount of photovoltaics demonstrated;
(B) maximize the proportion of non-Federal cost share; and
(C) limit State administrative costs.
(f) State program
A program operated by a State with funding under this section shall provide competitive awards for the demonstration of advanced photovoltaic technologies. Each State program shall—
(1) require a contribution of at least 60 percent per award from non-Federal sources, which may include any combination of State, local, and private funds, except that at least 10 percent of the funding must be supplied by the State;
(2) endeavor to fund recipients in the commercial, industrial, institutional, governmental, and residential sectors;
(3) limit State administrative costs to no more than 10 percent of the grant;
(4) report annually to the Secretary on—
(A) the amount of funds disbursed;
(B) the amount of photovoltaics purchased; and
(C) the results of the monitoring under paragraph (5);
(5) provide for measurement and verification of the output of a representative sample of the photovoltaics systems demonstrated throughout the average working life of the systems, or at least 20 years; and
(6) require that applicant buildings must have received an independent energy efficiency audit during the 6-month period preceding the filing of the application.
(g) Unexpended funds
If a State fails to expend any funds received under this section within 3 years of receipt, such remaining funds shall be returned to the Treasury.
(h) Reports
The Secretary shall report to Congress 5 years after funds are first distributed to the States under this section—
(1) the amount of photovoltaics demonstrated;
(2) the number of projects undertaken;
(3) the administrative costs of the program;
(4) the results of the monitoring under subsection (f)(5); and
(5) the total amount of funds distributed, including a breakdown by State.
(i) Authorization of appropriations
There are authorized to be appropriated to the Secretary for the purposes of carrying out this section—
(1) $15,000,000 for fiscal year 2008;
(2) $30,000,000 for fiscal year 2009;
(3) $45,000,000 for fiscal year 2010;
(4) $60,000,000 for fiscal year 2011; and
(5) $70,000,000 for fiscal year 2012.
(Pub. L. 110–140, title VI, § 607, Dec. 19, 2007, 121 Stat. 1677.)