[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1092 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1092

    To establish a program to provide loans for use in carrying out 
    residential, commercial, industrial, and transportation energy 
             efficiency and renewable generation projects.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2009

   Mr. Wyden introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To establish a program to provide loans for use in carrying out 
    residential, commercial, industrial, and transportation energy 
             efficiency and renewable generation projects.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reenergize America Loan Program Act 
of 2009''.

SEC. 2. REENERGIZE AMERICA LOAN PROGRAM.

    (a) Definitions.--In this section:
            (1) Fund.--The term ``Fund'' means the Reenergize America 
        Loan Program Fund established by subsection (g).
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (3) Program.--The term ``Program'' means the Green America 
        Loan Program established by subsection (b).
            (4) Qualified person.--The term ``qualified person'' means 
        an individual or entity that is determined to be capable of 
        meeting all terms and conditions of a loan provided under this 
        section based on the criteria and procedures approved by the 
        Secretary in a plan submitted under subsection (d).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (6) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) any other territory or possession of the United 
                States; and
                    (E) an Indian tribe.
    (b) Establishment.--There is established within the Department of 
Energy a revolving loan program to be known as the ``Reenergize America 
Loan Program''.
    (c) Allocations to States.--
            (1) In general.--In carrying out the Program, the Secretary 
        shall allocate funds to States for use in providing zero-
        interest loans to qualified persons to carry out residential, 
        commercial, industrial, and transportation energy efficiency 
        and renewable generation projects contained in State energy 
        conservation plans submitted and approved under sections 362 
        and 363 of the Energy Policy and Conservation Act (42 U.S.C. 
        6322, 6323), respectively.
            (2) Administrative expenses.--A State that receives an 
        allocation of funds under this subsection may impose on each 
        qualified person that receives a loan from the allocated funds 
        of the State administrative fees to cover the costs incurred by 
        the State in administering the loan.
            (3) Repayment and return of principal.--Return of principal 
        from loans provided by a State may be retained by the State for 
        the purpose of making additional loans pursuant to--
                    (A) a plan approved by the Secretary under 
                subsection (d); and
                    (B) such terms and conditions as the Secretary 
                considers appropriate to ensure the financial integrity 
                of the Program.
    (d) Application.--A State that seeks to receive an allocation under 
this section shall--
            (1) submit to the Secretary for review and approval a 5-
        year plan for the administration and distribution by the State 
        of funds from the allocation, including a description of 
        criteria that the State will use to determine the 
        qualifications of potential borrowers for loans made from the 
        allocated funds;
            (2) agree to submit to annual audits with respect to any 
        allocated funds received and distributed by the State; and
            (3) reapply for a subsequent allocation at the end of the 
        5-year period covered by the plan.
    (e) Allocation.--In approving plans submitted by the States under 
subsection (d) and allocating funds among States under this section, 
the Secretary shall consider--
            (1) the likely energy savings and renewable energy 
        potential of the plans;
            (2) regional energy needs; and
            (3) the equitable distribution of funds among regions of 
        the United States.
    (f) Maximum Amount; Term.--A loan provided by a State using funds 
allocated under this section shall be--
            (1) in an amount not to exceed $5,000,000; and
            (2) for a term of not to exceed 4 years.
    (g) Reenergize America Loan Program Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a revolving fund, to be known as the 
        ``Reenergize America Loan Program Fund'', consisting of such 
        amounts as are transferred to the Fund under paragraph (2).
            (2) Transfers to fund.--From any Federal royalties, rents, 
        and bonuses derived from Federal onshore and offshore oil, gas, 
        coal, or alternative energy leases issued under the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the 
        Mineral Leasing Act (30 U.S.C. 181 et seq.) that are deposited 
        in the Treasury, and after distribution of any funds described 
        in paragraph (3), there shall be transferred to the Fund 
        $1,000,000,000 for each of fiscal years 2010 through 2020.
            (3) Prior distributions.--The distributions referred to in 
        paragraph (2) are those required by law--
                    (A) to States and to the Reclamation Fund under the 
                Mineral Leasing Act (30 U.S.C. 191(a)); and
                    (B) to other funds receiving amounts from Federal 
                oil and gas leasing programs, including--
                            (i) any recipients pursuant to section 8(g) 
                        of the Outer Continental Shelf Lands Act (43 
                        U.S.C. 1337(g));
                            (ii) the Land and Water Conservation Fund, 
                        pursuant to section 2(c) of the Land and Water 
                        Conservation Fund Act of 1965 (16 U.S.C. 460l-
                        5(c));
                            (iii) the Historic Preservation Fund, 
                        pursuant to section 108 of the National 
                        Historic Preservation Act (16 U.S.C. 470h); and
                            (iv) the coastal impact assistance program 
                        established under section 31 of the Outer 
                        Continental Shelf Lands Act (43 U.S.C. 1356a).
            (4) Expenditures from fund.--
                    (A) In general.--Subject to subparagraph (B), on 
                request by the Secretary, the Secretary of the Treasury 
                shall transfer from the Fund to the Secretary such 
                amounts as the Secretary determines to be necessary to 
                provide allocations to States under subsection (c).
                    (B) Administrative expenses.--An amount not 
                exceeding 5 percent of the amounts in the Fund shall be 
                available for each fiscal year to pay the 
                administrative expenses necessary to carry out this 
                subsection.
            (5) Transfers of amounts.--
                    (A) In general.--The amounts required to be 
                transferred to the Fund under this subsection shall be 
                transferred at least monthly from the general fund of 
                the Treasury to the Fund on the basis of estimates made 
                by the Secretary of the Treasury.
                    (B) Adjustments.--Proper adjustment shall be made 
                in amounts subsequently transferred to the extent prior 
                estimates were in excess of or less than the amounts 
                required to be transferred.
    (h) Funding.--Notwithstanding any other provision of law, for each 
of fiscal years 2010 through 2020, the Secretary shall use to carry out 
the Program such amounts as are available in the Fund.
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