42 U.S.C. § 18795a (THE PUBLIC HEALTH AND WELFARE)
§ 18795a. High-efficiency electric home rebate program
(a) Appropriations
(1) Funds to State energy offices and Indian Tribes
In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to carry out a program—
(A) to award grants to State energy offices to develop and implement a high-efficiency electric home rebate program in accordance with subsection (c), $4,275,000,000, to remain available through September 30, 2031; and
(B) to award grants to Indian Tribes to develop and implement a high-efficiency electric home rebate program in accordance with subsection (c), $225,000,000, to remain available through September 30, 2031.
(2) Allocation of funds
(A) State energy offices
The Secretary shall reserve funds made available under paragraph (1)(A) for each State energy office—
(i) in accordance with the allocation formula for the State Energy Program in effect on January 1, 2022; and
(ii) to be distributed to a State energy office if the application of the State energy office under subsection (b) is approved.
(B) Indian Tribes
The Secretary shall reserve funds made available under paragraph (1)(B)—
(i) in a manner determined appropriate by the Secretary; and
(ii) to be distributed to an Indian Tribe if the application of the Indian Tribe under subsection (b) is approved.
(C) Additional funds
Not earlier than 2 years after August 16, 2022, any money reserved under—
(i) subparagraph (A) but not distributed under clause (ii) of that subparagraph shall be redistributed to the State energy offices operating a high-efficiency electric home rebate program in proportion to the amount distributed to those State energy offices under that clause; and
(ii) subparagraph (B) but not distributed under clause (ii) of that subparagraph shall be redistributed to the Indian Tribes operating a high-efficiency electric home rebate program in proportion to the amount distributed to those Indian Tribes under that clause.
(3) Administrative expenses
Of the funds made available under paragraph (1), the Secretary shall use not more than 3 percent for—
(A) administrative purposes; and
(B) providing technical assistance relating to activities carried out under this section.
(b) Application
A State energy office or Indian Tribe seeking a grant under the program shall submit to the Secretary an application that includes a plan to implement a high-efficiency electric home rebate program, including—
(1) a plan to verify the income eligibility of eligible entities seeking a rebate for a qualified electrification project;
(2) a plan to allow rebates for qualified electrification projects at the point of sale in a manner that ensures that the income eligibility of an eligible entity seeking a rebate may be verified at the point of sale;
(3) a plan to ensure that an eligible entity does not receive a rebate for the same qualified electrification project through both a high-efficiency electric home rebate program and any other Federal grant or rebate program, pursuant to subsection (c)(8); and
(4) any additional information that the Secretary may require.
(c) High-efficiency electric home rebate program
(1) In general
Under the program, the Secretary shall award grants to State energy offices and Indian Tribes to establish a high-efficiency electric home rebate program under which rebates shall be provided to eligible entities for qualified electrification projects.
(2) Guidelines
The Secretary shall prescribe guidelines for high-efficiency electric home rebate programs, including guidelines for providing point of sale rebates in a manner consistent with the income eligibility requirements under this section.
(3) Amount of rebate
(A) Appliance upgrades
The amount of a rebate provided under a high-efficiency electric home rebate program for the purchase of an appliance under a qualified electrification project shall be—
(i) not more than $1,750 for a heat pump water heater;
(ii) not more than $8,000 for a heat pump for space heating or cooling; and
(iii) not more than $840 for—
(I) an electric stove, cooktop, range, or oven; or
(II) an electric heat pump clothes dryer.
(B) Nonappliance upgrades
The amount of a rebate provided under a high-efficiency electric home rebate program for the purchase of a nonappliance upgrade under a qualified electrification project shall be—
(i) not more than $4,000 for an electric load service center upgrade;
(ii) not more than $1,600 for insulation, air sealing, and ventilation; and
(iii) not more than $2,500 for electric wiring.
(C) Maximum rebate
An eligible entity receiving multiple rebates under this section may receive not more than a total of $14,000 in rebates.
(4) Limitations
A rebate provided using funding under this section shall not exceed—
(A) in the case of an eligible entity described in subsection (d)(1)(A)—
(i) 50 percent of the cost of the qualified electrification project for a household the annual income of which is not less than 80 percent and not greater than 150 percent of the area median income; and
(ii) 100 percent of the cost of the qualified electrification project for a household the annual income of which is less than 80 percent of the area median income;
(B) in the case of an eligible entity described in subsection (d)(1)(B)—
(i) 50 percent of the cost of the qualified electrification project for a multifamily building not less than 50 percent of the residents of which are households the annual income of which is not less than 80 percent and not greater than 150 percent of the area median income; and
(ii) 100 percent of the cost of the qualified electrification project for a multifamily building not less than 50 percent of the residents of which are households the annual income of which is less than 80 percent of the area median income; or
(C) in the case of an eligible entity described in subsection (d)(1)(C)—
(i) 50 percent of the cost of the qualified electrification project for a household—
(I) on behalf of which the eligible entity is working; and
(II) the annual income of which is not less than 80 percent and not greater than 150 percent of the area median income; and
(ii) 100 percent of the cost of the qualified electrification project for a household—
(I) on behalf of which the eligible entity is working; and
(II) the annual income of which is less than 80 percent of the area median income.
(5) Amount for installation of upgrades
(A) In general
In the case of an eligible entity described in subsection (d)(1)(C) that receives a rebate under the program and performs the installation of the applicable qualified electrification project, a State energy office or Indian Tribe shall provide to that eligible entity, in addition to the rebate, an amount that—
(i) does not exceed $500; and
(ii) is commensurate with the scale of the upgrades installed as part of the qualified electrification project, as determined by the Secretary.
(B) Treatment
An amount received under subparagraph (A) by an eligible entity described in that subparagraph shall not be subject to the requirement under paragraph (6).
(6) Requirement
An eligible entity described in subparagraph (C) of subsection (d)(1) shall discount the amount of a rebate received for a qualified electrification project from any amount charged by that eligible entity to the eligible entity described in subparagraph (A) or (B) of that subsection on behalf of which the qualified electrification project is carried out.
(7) Exemption
Activities carried out by a State energy office using a grant provided under the program shall not be subject to the expenditure prohibitions and limitations described in section 420.18 of title 10, Code of Federal Regulations.
(8) Prohibition on combining rebates
A rebate provided by a State energy office or Indian Tribe under a high-efficiency electric home rebate program may not be combined with any other Federal grant or rebate, including a rebate provided under a HOMES rebate program (as defined in section 18795(d) of this title), for the same qualified electrification project.
(9) Administrative costs
A State energy office or Indian Tribe that receives a grant under the program shall use not more than 20 percent of the grant amount for planning, administration, or technical assistance relating to a high-efficiency electric home rebate program.
(d) Definitions
In this section:
(1) Eligible entity
The term “eligible entity” means—
(A) a low- or moderate-income household;
(B) an individual or entity that owns a multifamily building not less than 50 percent of the residents of which are low- or moderate-income households; and
(C) a governmental, commercial, or nonprofit entity, as determined by the Secretary, carrying out a qualified electrification project on behalf of an entity described in subparagraph (A) or (B).
(2) High-efficiency electric home rebate program
The term “high-efficiency electric home rebate program” means a rebate program carried out by a State energy office or Indian Tribe pursuant to subsection (c) using a grant received under the program.
(3) Indian Tribe
The term “Indian Tribe” has the meaning given the term in section 5304 of title 25.
(4) Low- or moderate-income household
The term “low- or moderate-income household” means an individual or family the total annual income of which is less than 150 percent of the median income of the area in which the individual or family resides, as reported by the Department of Housing and Urban Development, including an individual or family that has demonstrated eligibility for another Federal program with income restrictions equal to or below 150 percent of area median income.
(5) Program
The term “program” means the program carried out by the Secretary under subsection (a)(1).
(6) Qualified electrification project
(A) In general
The term “qualified electrification project” means a project that—
(i) includes the purchase and installation of—
(I) an electric heat pump water heater;
(II) an electric heat pump for space heating and cooling;
(III) an electric stove, cooktop, range, or oven;
(IV) an electric heat pump clothes dryer;
(V) an electric load service center;
(VI) insulation;
(VII) air sealing and materials to improve ventilation; or
(VIII) electric wiring;
(ii) with respect to any appliance described in clause (i), the purchase of which is carried out—
(I) as part of new construction;
(II) to replace a nonelectric appliance; or
(III) as a first-time purchase with respect to that appliance; and
(iii) is carried out at, or relating to, a single-family home or multifamily building, as applicable and defined by the Secretary.
(B) Exclusions
The term “qualified electrification project” does not include any project with respect to which the appliance, system, equipment, infrastructure, component, or other item described in subclauses (I) through (VIII) of subparagraph (A)(i) is not certified under the Energy Star program established by section 6294a of this title, if applicable.
(Pub. L. 117–169, title V, § 50122, Aug. 16, 2022, 136 Stat. 2036.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of Pub. L. 117–169, and not as part of div. D of Pub. L. 117–58, which enacted this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definitions of “Secretary”, “State energy office”, and “State Energy Program” as used in this section, see section 50111 of Pub. L. 117–169, set out as a note under section 17113b of this title.