High-performance green buildings retrofit loan guarantees

(a)

Definitions

In this section: (1)

Cost

The term cost has the meaning given the term cost of a loan guarantee within the meaning of section 502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(C)). (2)

Guarantee

(A)

In general

The term guarantee has the meaning given the term loan guarantee in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (B)

Inclusion

The term guarantee includes a loan guarantee commitment (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)). (3)

Obligation

The term obligation means the loan or other debt obligation that is guaranteed under this section. (4)

Secretary

The term Secretary means the Secretary of Energy. (b)

Eligible purposes

The Secretary shall make loan guarantees under this section for renovation projects that are eligible projects within the meaning of section 1703 of the Energy Policy Act of 2005 and that will result in a building achieving the United States Green Building Council Leadership in Energy and Environmental Design certified level, or meeting a comparable standard approved by the Secretary. (c)

Terms and conditions

(1)

In General

The Secretary shall make guarantees under this section for projects on such terms and conditions as the Secretary determines, after consultation with the Secretary of the Treasury, in accordance with this section, including limitations on the amount of any loan guarantee to ensure distribution to a variety of borrowers. (2)

Specific Appropriation or Contribution

No guarantee shall be made under this section unless— (A)an appropriation for the cost has been made; or (B)the Secretary has received from the borrower a payment in full for the cost of the obligation and deposited the payment into the Treasury. (3)

Limitation

Not more than $100,000,000 in loans may be guaranteed under this section at any one time. (4)

Amount

Unless otherwise provided by law, a guarantee by the Secretary under this section shall not exceed an amount equal to 80 percent of the project cost that is the subject of the guarantee, as estimated at the time at which the guarantee is issued. (5)

Repayment

No guarantee shall be made under this section unless the Secretary determines that there is reasonable prospect of repayment of the principal and interest on the obligation by the borrower. (6)

Interest Rate

An obligation shall bear interest at a rate that does not exceed a level that the Secretary determines appropriate, taking into account the prevailing rate of interest in the private sector for similar loans and risks. (7)

Term

The term of an obligation shall require full repayment over a period not to exceed the lesser of— (A)30 years; or (B)90 percent of the projected useful life of the building whose renovation is to be financed by the obligation (as determined by the Secretary). (8)

Defaults

(A)

Payment by Secretary

(i)

In general

If a borrower defaults on the obligation (as defined in regulations promulgated by the Secretary and specified in the guarantee contract), the holder of the guarantee shall have the right to demand payment of the unpaid amount from the Secretary. (ii)

Payment required

Within such period as may be specified in the guarantee or related agreements, the Secretary shall pay to the holder of the guarantee the unpaid interest on, and unpaid principal of the obligation as to which the borrower has defaulted, unless the Secretary finds that there was no default by the borrower in the payment of interest or principal or that the default has been remedied. (iii)

Forbearance

Nothing in this paragraph precludes any forbearance by the holder of the obligation for the benefit of the borrower which may be agreed upon by the parties to the obligation and approved by the Secretary. (B)

Subrogation

(i)

In general

If the Secretary makes a payment under subparagraph (A), the Secretary shall be subrogated to the rights of the recipient of the payment as specified in the guarantee or related agreements including, where appropriate, the authority (notwithstanding any other provision of law) to— (I)complete, maintain, operate, lease, or otherwise dispose of any property acquired pursuant to such guarantee or related agreements; or (II)permit the borrower, pursuant to an agreement with the Secretary, to continue to pursue the purposes of the project if the Secretary determines this to be in the public interest. (ii)

Superiority of rights

The rights of the Secretary, with respect to any property acquired pursuant to a guarantee or related agreements, shall be superior to the rights of any other person with respect to the property. (iii)

Terms and conditions

A guarantee agreement shall include such detailed terms and conditions as the Secretary determines appropriate to— (I)protect the interests of the United States in the case of default; and (II)have available all the patents and technology necessary for any person selected, including the Secretary, to complete and operate the project. (C)

Payment of principal and interest by Secretary

With respect to any obligation guaranteed under this section, the Secretary may enter into a contract to pay, and pay, holders of the obligation, for and on behalf of the borrower, from funds appropriated for that purpose, the principal and interest payments which become due and payable on the unpaid balance of the obligation if the Secretary finds that— (i)(I)the borrower is unable to meet the payments and is not in default; (II)it is in the public interest to permit the borrower to continue to pursue the purposes of the project; and (III)the probable net benefit to the Federal Government in paying the principal and interest will be greater than that which would result in the event of a default; (ii)the amount of the payment that the Secretary is authorized to pay shall be no greater than the amount of principal and interest that the borrower is obligated to pay under the agreement being guaranteed; and (iii)the borrower agrees to reimburse the Secretary for the payment (including interest) on terms and conditions that are satisfactory to the Secretary. (D)

Action by attorney general

(i)

Notification

If the borrower defaults on an obligation, the Secretary shall notify the Attorney General of the default. (ii)

Recovery

On notification, the Attorney General shall take such action as is appropriate to recover the unpaid principal and interest due from— (I)such assets of the defaulting borrower as are associated with the obligation; or (II)any other security pledged to secure the obligation. (9)

Fees

(A)

In general

The Secretary shall charge and collect fees for guarantees in amounts the Secretary determines are sufficient to cover applicable administrative expenses. (B)

Availability

Fees collected under this paragraph shall— (i)be deposited by the Secretary into the Treasury; and (ii)remain available until expended, subject to such other conditions as are contained in annual appropriations Acts. (10)

Records; Audits

(A)

In general

A recipient of a guarantee shall keep such records and other pertinent documents as the Secretary shall prescribe by regulation, including such records as the Secretary may require to facilitate an effective audit. (B)

Access

The Secretary and the Comptroller General of the United States, or their duly authorized representatives, shall have access, for the purpose of audit, to the records and other pertinent documents. (11)

Full Faith and Credit

The full faith and credit of the United States is pledged to the payment of all guarantees issued under this section with respect to principal and interest.