1.Short
title; table of contents
(a)This Act may be cited
as the Small Business Energy
Efficiency Act of 2007
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Implementation of small business energy efficiency
program.
Sec. 5. Small business energy efficiency.
Sec. 6. Small business telecommuting.
Sec. 7. Encouraging innovation in energy
efficiency.
Sec. 8. Express loans for renewable energy and energy
efficiency.
2.Congress finds that:
(1)Small business
concerns represent roughly 50 percent of the economy of the United States,
employing 50 percent of all private sector employees, and producing more than
50 percent of nonfarm private gross domestic product.
(2)The Environmental
Protection Agency estimates that, based on data from the 2003 Commercial
Buildings Energy Consumption Survey of the Department of Energy, small business
concerns consume roughly 2,000,000,000,000 kBtu of energy per year, costing
small business concerns approximately $29,000,000,000.
(3)The Environmental
Protection Agency estimate does not include additional energy that is used by
small business concerns located outside of commercial buildings, such as
home-based small business concerns. Additional, peer-reviewed research studies
must be conducted to assess the amount of energy consumed by small business
concerns.
(4)A recent survey
conducted by the National Small Business Association revealed that 75 percent
of small business concerns believe that energy efficiency can make a
significant contribution to reducing greenhouse gas emissions. And yet, only 33
percent of those small business concerns had successfully invested in energy
efficiency programs for their businesses.
(5)Small business
concerns have demonstrated that they are capable of achieving realistic energy
consumption reductions of 30 percent as a result of implementing the
recommendations of targeted energy audits. These reductions have been
demonstrated by clients of the Pennsylvania Small Business Development Centers
and are supported by the national experience of the ENERGY STAR Small Business
program of the Environmental Protection Agency.
(6)Small business
concerns are a source for the technological innovations at the heart of the
effort to find a solution to the challenge of climate change and to establish
energy independence for the United States.
(7)On-bill financing
arrangements, involving small business concerns, utilities, banks, and
certified energy efficiency professionals, have demonstrated success in
reducing energy usage by small business concerns across the country, and
greater use of on-bill financing agreements should be encouraged.
(8)Telecommuting
represents an established method for reducing fuel consumption, and information
regarding the benefits of telecommuting should be made available to owners of
small business concerns.
3.In this Act—
(1)the terms
Administration and Administrator mean the Small
Business Administration and the Administrator thereof, respectively;
(2)the term
association means the association of small business development
centers established under section 21(a)(3)(A) of the Small Business Act (15
U.S.C. 648(a)(3)(A));
(3)the term
disability has the meaning given that term in section 3 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12102);
(4)the term
electric utility has the meaning given that term in section 3 of
the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602);
(5)the term
on-bill financing means a low interest or no interest financing
agreement between a small business concern and an electric utility for the
purchase or installation of equipment, under which the regularly scheduled
payment of that small business concern to that electric utility is not reduced
by the amount of the reduction in cost attributable to the new equipment and
that amount is credited to the electric utility, until the cost of the purchase
or installation is repaid;
(6)the term
small business concern has the meaning given that term in section
3 of the Small Business Act (15 U.S.C. 636);
(7)the term
small business development center means a small business
development center described in section 21 of the Small Business Act (15 U.S.C.
648);
(8)the term
telecommuting means the use of telecommunications to perform work
functions under circumstances which reduce or eliminate the need to commute;
and
(9)the term
veteran has the meaning given that term in section 101 of title
38, United States Code.
4.Implementation
of small business energy efficiency program
(a)Not later than 90 days after the date of enactment of
this Act, the Administrator shall promulgate final rules establishing the
Government-wide program authorized under subsection (d) of section 337 of the
Energy Policy and Conservation Act (42 U.S.C. 6307) that ensure compliance with
that subsection by not later than 6 months after such date of enactment.
(b)Not
later than 90 days after the date of enactment of this Act, the Administrator
shall publish a detailed plan regarding how the Administrator will—
(1)assist small
business concerns in becoming more energy efficient; and
(2)build on the
Energy Star for Small Business Program of the Department of Energy and the
Environmental Protection Agency.
(c)Assistant
administrator for small business energy policy
(1)There is in the Administration an Assistant Administrator
for Small Business Energy Policy, who shall be appointed by, and report to, the
Administrator.
(2)The
Assistant Administrator for Small Business Energy Policy shall—
(A)oversee and
administer the requirements under this section and section 337(d) of the Energy
Policy and Conservation Act (42 U.S.C. 6307(d)); and
(B)promote energy
efficiency efforts for small business concerns and reduce energy costs of small
business concerns.
(d)The
Administrator shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business of the House
of Representatives an annual report on the progress of the Administrator in
encouraging small business concerns to become more energy efficient, including
data on the rate of use of the Small Business Energy Clearinghouse established
under section 337(d)(4) of the Energy Policy and Conservation Act (42 U.S.C.
6307(d)(4)).
5.Small business
energy efficiency
(a)The
Administrator shall establish a Small Business Energy Efficiency Pilot Program
(in this section referred to as the Efficiency Pilot Program
) to
provide energy efficiency assistance to small business concerns through small
business development centers.
(b)Small business
development centers
(1)In carrying out the Efficiency Pilot Program, the
Administrator shall enter into agreements with small business development
centers under which such centers shall—
(A)provide access to
information and resources on energy efficiency practices, including on-bill
financing options;
(B)conduct training
and educational activities;
(C)offer
confidential, free, one-on-one, in-depth energy audits to the owners and
operators of small business concerns regarding energy efficiency
practices;
(D)give referrals to
certified professionals and other providers of energy efficiency assistance who
meet such standards for educational, technical, and professional competency as
the Administrator shall establish; and
(E)act as a
facilitator between small business concerns, electric utilities, lenders, and
the Administration to facilitate on-bill financing arrangements.
(2)Each
small business development center participating in the Efficiency Pilot Program
shall submit to the Administrator and the Administrator of the Environmental
Protection Agency an annual report that includes—
(A)a summary of the
energy efficiency assistance provided by that center under the Efficiency Pilot
Program;
(B)the number of
small business concerns assisted by that center under the Efficiency Pilot
Program;
(C)statistics on the
total amount of energy saved as a result of assistance provided by that center
under the Efficiency Pilot Program; and
(D)any additional
information determined necessary by the Administrator, in consultation with the
association.
(3)Not later than 60 days after the date on which all
reports under paragraph (2) relating to a year are submitted, the Administrator
shall submit to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of Representatives a
report summarizing the information regarding the Efficiency Pilot Program
submitted by small business development centers participating in that
program.
(c)A
small business development center shall be eligible to participate in the
Efficiency Pilot Program only if that center is certified under section
21(k)(2) of the Small Business Act (15 U.S.C. 648(k)(2)).
(d)Selection of
participating State programs
(1)
(A)The Administrator shall select the small business
development center programs of 2 States from each of the groupings of States
described in subparagraphs (B) through (K) to participate in the pilot program
established under this section.
(B)Group 1 shall consist of Maine, Massachusetts, New Hampshire,
Connecticut, Vermont, and Rhode Island.
(C)Group 2 shall consist of New York, New Jersey, Puerto Rico, and
the Virgin Islands.
(D)Group 3 shall consist of Pennsylvania, Maryland, West Virginia,
Virginia, the District of Columbia, and Delaware.
(E)Group 4 shall consist of Georgia, Alabama, North Carolina,
South Carolina, Mississippi, Florida, Kentucky, and Tennessee.
(F)Group 5 shall consist of Illinois, Ohio, Michigan, Indiana,
Wisconsin, and Minnesota.
(G)Group 6 shall consist of Texas, New Mexico, Arkansas, Oklahoma,
and Louisiana.
(H)Group 7 shall consist of Missouri, Iowa, Nebraska, and
Kansas.
(I)Group 8 shall consist of Colorado, Wyoming, North Dakota, South
Dakota, Montana, and Utah.
(J)Group 9 shall consist of California, Guam, American Samoa,
Hawaii, Nevada, and Arizona.
(K)Group 10 shall consist of Washington, Alaska, Idaho, and
Oregon.
(e)Subparagraphs (A) and (B) of section 21(a)(4) of the
Small Business Act (15 U.S.C. 648(a)(4)) shall apply to assistance made
available under the Efficiency Pilot Program.
(f)Each small business development center selected to
participate in the Efficiency Pilot Program under subsection (d) shall be
eligible to receive a grant in an amount equal to—
(1)not less than
$100,000 in each fiscal year; and
(2)not more than
$300,000 in each fiscal year.
(g)The Comptroller General of the United States shall—
(1)not later than 30
months after the date of disbursement of the first grant under the Efficiency
Pilot Program, initiate an evaluation of that pilot program; and
(2)not later than 6
months after the date of the initiation of the evaluation under paragraph (1),
submit to the Administrator, the Committee on Small Business and
Entrepreneurship of the Senate, and the Committee on Small Business of the
House of Representatives, a report containing—
(A)the results of
the evaluation; and
(B)any
recommendations regarding whether the Efficiency Pilot Program, with or without
modification, should be extended to include the participation of all small
business development centers.
(h)The
Administrator may guarantee the timely payment of a loan made to a small
business concern through an on-bill financing agreement on such terms and
conditions as the Administrator shall establish through a formal rule making,
after providing notice and an opportunity for comment.
(i)Authorization
of appropriations
(1)There are authorized to be appropriated to carry out this
section—
(A)$5,000,000 for
the first fiscal year beginning after the date of enactment of this Act;
and
(B)$5,000,000 for
each of the 3 fiscal years following the fiscal year described in subparagraph
(A).
(2)Limitation on
use of other fundsThe Administrator may carry out the Efficiency
Pilot Program only with amounts appropriated in advance specifically to carry
out this section.
(j)The
authority under this section shall terminate 4 years after the date of
disbursement of the first grant under the Efficiency Pilot Program.
6.Small business
telecommuting
(a)
(1)In accordance with this section, the Administrator shall
conduct, in not more than 5 of the regions of the Administration, a pilot
program to provide information regarding telecommuting to employers that are
small business concerns and to encourage such employers to offer telecommuting
options to employees (in this section referred to as the Telecommuting
Pilot Program
).
(2)Special
outreach to individuals with disabilitiesIn carrying out the
Telecommuting Pilot Program, the Administrator shall make a concerted effort to
provide information to—
(A)small business
concerns owned by or employing individuals with disabilities, particularly
veterans who are individuals with disabilities;
(B)Federal, State,
and local agencies having knowledge and expertise in assisting individuals with
disabilities, including veterans who are individuals with disabilities;
and
(C)any group or
organization, the primary purpose of which is to aid individuals with
disabilities or veterans who are individuals with disabilities.
(3)In carrying out the Telecommuting Pilot Program, the
Administrator may—
(A)produce
educational materials and conduct presentations designed to raise awareness in
the small business community of the benefits and the ease of
telecommuting;
(B)conduct
outreach—
(i)to
small business concerns that are considering offering telecommuting options;
and
(ii)as
provided in paragraph (2); and
(C)acquire
telecommuting technologies and equipment to be used for demonstration
purposes.
(4)In determining which regions will participate in the
Telecommuting Pilot Program, the Administrator shall give priority
consideration to regions in which Federal agencies and private-sector employers
have demonstrated a strong regional commitment to telecommuting.
(b)Not later than 2
years after the date on which funds are first appropriated to carry out this
section, the Administrator shall transmit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small Business of the
House of Representatives a report containing the results of an evaluation of
the Telecommuting Pilot Program and any recommendations regarding whether the
pilot program, with or without modification, should be extended to include the
participation of all regions of the Administration.
(c)The Telecommuting Pilot Program shall
terminate 4 years after the date on which funds are first appropriated to carry
out this section.
(d)Authorization
of appropriationsThere is
authorized to be appropriated to the Administration $5,000,000 to carry out
this section.
7.Encouraging
innovation in energy efficiencySection 9 of the Small Business Act (15
U.S.C. 638) is amended by adding at the end the following:
(z)Encouraging
innovation in energy efficiency
(1)Federal agency
energy-related priorityIn
carrying out its duties under this section to SBIR and STTR solicitations by
Federal agencies, the Administrator shall—
(A)ensure that such agencies give high
priority to small business concerns that participate in or conduct energy
efficiency or renewable energy system research and development projects;
and
(B)include in the
annual report to Congress under subsection (b)(7) a determination of whether
the priority described in subparagraph (A) is being carried out.
(2)The Administrator shall consult with the heads of other
Federal agencies and departments in determining whether priority has been given
to small business concerns that participate in or conduct energy efficiency or
renewable energy system research and development projects, as required by this
section.
(3)The
Administrator shall, as soon as is practicable after the date of enactment of
this subsection, issue guidelines and directives to assist Federal agencies in
meeting the requirements of this section.
(4)In
this subsection—
(A)the term
biomass—
(i)means any organic
material that is available on a renewable or recurring basis, including—
(I)agricultural
crops;
(II)trees grown for
energy production;
(III)wood waste and
wood residues;
(IV)plants
(including aquatic plants and grasses);
(V)residues;
(VI)fibers;
(VII)animal wastes
and other waste materials; and
(VIII)fats, oils,
and greases (including recycled fats, oils, and greases); and
(ii)does not
include—
(I)paper that is
commonly recycled; or
(II)unsegregated
solid waste;
(B)the term
energy efficiency project means the installation or upgrading of
equipment that results in a significant reduction in energy usage; and
(C)the term
renewable energy system means a system of energy derived
from—
(i)a
wind, solar, biomass (including biodiesel), or geothermal source; or
(ii)hydrogen derived
from biomass or water using an energy source described in clause
(i).
.
8.Express loans
for renewable energy and energy efficiencySection 7(a)(31) of the Small Business Act
(15 U.S.C. 636(a)(31)) is amended by adding at the end the following:
(F)Express loans
for renewable energy and energy efficiency
(i)In
this subparagraph, the terms energy efficiency project and
renewable energy system have the meanings given those terms in
section 9(z).
(ii)Loans
may be made under the Express Loan Program
for the purpose
of—
(I)purchasing a
renewable energy system; or
(II)an energy
efficiency project for an existing
business.
.