[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4230 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4230
To provide for the establishment of a Home Energy Savings Retrofit
Rebate Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2012
Mr. McKinley (for himself and Mr. Welch) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for the establishment of a Home Energy Savings Retrofit
Rebate Program, and for other purposes.
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 ``Home Owner Managing Energy Savings
Act of 2012'' or the ``HOMES Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) BPI.--The term ``BPI'' means the Building Performance
Institute.
(2) Certified workforce.--The term ``certified workforce''
means a residential energy efficiency construction workforce in
which all auditors, installers, crew leaders, and quality
assurance inspectors performing work relating to retrofit
activities with respect to which rebates are sought under this
Act are certified--
(A) by a certifying body recognized by the National
Renewal Energy Laboratory's Guidelines for Home Energy
Professionals program; or
(B) under--
(i) an applicable third party skills
standard established by--
(I) the BPI;
(II) RESNET Energy Smart Home
Performance Team;
(III) North American Technician
Excellence; or
(IV) the Laborers' International
Union of North America; or
(ii) other standards approved by the
Secretary, in consultation with the Secretary
of Labor.
(3) Electric utility.--The term ``electric utility'' means
any company, person, cooperative, State, or Indian tribe agency
that delivers or sells electric energy at retail, including
nonregulated utilities, utilities that are subject to State or
Indian tribe rate regulation, and Federal power marketing
administrations.
(4) Federal rebate processing system.--The term ``Federal
Rebate Processing System'' means the Federal Rebate Processing
System established under section 3(b).
(5) Home.--The term ``home'' means a principal residential
dwelling unit in a building with no more than 4 dwelling units
that--
(A) is located in the United States; and
(B) was constructed before the date of enactment of
this Act.
(6) Home energy savings retrofit rebate program.--The term
``Home Energy Savings Retrofit Rebate Program'' means the Home
Energy Savings Retrofit Rebate Program established under
section 3(a).
(7) Homeowner.--The term ``homeowner'' means the owner of
an owner-occupied home or a tenant-occupied home.
(8) 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).
(9) Natural gas utility.--The term ``natural gas utility''
means any company, person, cooperative, State or local
governmental agency or instrumentality, or Indian tribe that
transports, distributes, or sells natural gas at retail.
(10) Qualified contractor.--The term ``qualified
contractor'' means a residential energy efficiency contractor
that meets minimum applicable requirements established under
section 4.
(11) Qualified home energy efficiency retrofit.--The term
``qualified home energy efficiency retrofit'' means a retrofit
described in section 8(d).
(12) Quality assurance program.--
(A) In general.--The term ``quality assurance
program'' means a program established under this Act,
or recognized by the Secretary under this Act, to
oversee the delivery of home efficiency retrofit
programs to ensure that work is performed in accordance
with standards and criteria established under this Act.
(B) Inclusions.--For purposes of subparagraph (A),
delivery of retrofit programs includes delivery of
quality assurance reviews of rebate applications and
field inspections.
(13) Quality assurance provider.--The term ``quality
assurance provider'' means any entity that meets the minimum
applicable requirements established under section 6(b).
(14) Rebate aggregator.--The term ``rebate aggregator''
means an entity that meets the requirements of section 5.
(15) Resnet.--The term ``RESNET'' means the Residential
Energy Services Network, which is a nonprofit certification and
standard setting organization for home energy raters that
evaluate the energy performance of a home and Energy Smart
Contractors that make energy improvements to the home.
(16) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(17) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the United States Virgin Islands; and
(H) any other territory or possession of the United
States.
SEC. 3. HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM.
(a) In General.--The Secretary shall establish the Home Energy
Savings Retrofit Rebate Program.
(b) Federal Rebate Processing System.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of the Treasury, shall--
(A) establish a Federal Rebate Processing System
which shall serve as a database and information
technology system that will allow rebate aggregators to
submit claims for reimbursement using standard data
protocols;
(B) establish a national retrofit Web site that
provides information on the Home Energy Savings
Retrofit Rebate Program, including--
(i) how to determine whether particular
efficiency measures are eligible for rebates;
and
(ii) how to participate in the program; and
(C) make available, on a designated Web site, model
forms for demonstrating compliance with all applicable
requirements of this Act, which shall be required to be
submitted by--
(i) each qualified contractor on completion
of an eligible home energy retrofit; and
(ii) each quality assurance provider on
completion of field verification.
(2) Model forms.--In carrying out paragraph (1)(C), the
Secretary shall consider the model forms developed by the
National Home Performance Council, Inc. If the Secretary does
not adopt these forms, the Secretary shall convene a group of
stakeholders, including the National Home Performance Council,
Inc., to develop the final forms.
SEC. 4. CONTRACTORS.
(a) Contractor Qualifications.--A contractor may perform retrofit
work under the Home Energy Savings Retrofit Rebate Program in a State
for which rebates are provided under this Act only if the contractor--
(1) meets all applicable contractor licensing requirements
established by the State;
(2) is--
(A) accredited by the BPI or a preexisting BPI
accreditation-based State certification program with
enhancements to achieve State energy policy;
(B) a RESNET accredited Energy Smart Home
Performance Team; or
(C) accredited by an equivalent certification
program approved by the Secretary for this purpose;
(3) holds insurance coverage of at least $1,000,000 for
general liability, and for such other purposes and in such
other amounts as required by the State;
(4) provides warranties to the homeowner that completed
work will--
(A) be free of significant defects;
(B) be installed in accordance with the
specifications of the manufacturer, and all applicable
State and local building and mechanical codes;
(C) perform properly for a period of at least 1
year after the date of completion of the work; and
(D) warrant such other actions or results as
determined appropriate by the Secretary; and
(5) hires and retains a certified workforce for projects
performed under this Act.
(b) Agreement Between Contractor and Home Owner.--A contractor who
performs retrofit work under the Home Energy Savings Retrofit Rebate
Program must sign a written contract with the homeowner that includes--
(1) an agreement to not increase the cost of the home
improvement as a result of the rebates received under this Act
with respect to the home; and
(2) if the contractor and homeowner choose the transferable
rebate option authorized under section 7, an agreement to
provide the homeowner, before a contract is executed between
the contractor and the homeowner covering the eligible work, a
notice of the rebate amount the contractor intends to apply for
with respect to eligible work under this Act.
SEC. 5. REBATE AGGREGATORS.
(a) In General.--The Secretary shall develop a network of rebate
aggregators or a national rebate aggregator that can facilitate the
delivery of rebates to participating homeowners or contractors by--
(1) reviewing the proposed rebate application for
completeness and accuracy;
(2) reviewing measures for eligibility in accordance with
this Act;
(3) providing data to the Federal Rebate Processing System
consistent with data protocols established by the Secretary;
and
(4) as soon as practicable but not later than 30 days after
the date of receipt, distributing funds received from the
Department of Energy to homeowners or contractors.
(b) Eligibility.--To be eligible to apply to the Secretary for
approval as a rebate aggregator, an entity shall be--
(1) a Home Performance with Energy Star program sponsor;
(2) an entity administering a residential energy efficiency
retrofit program established or approved by a State;
(3) a Federal power marketing administration, an electric
utility, or a natural gas utility that has--
(A) a residential energy efficiency retrofit
program; and
(B) a quality assurance provider network; or
(4) an entity that demonstrates to the Secretary that the
entity can perform the functions of a rebate aggregator,
without disrupting existing residential retrofits in the States
that are incorporating the Home Energy Savings Retrofit Rebate
Program, including demonstration of--
(A) the capability to provide electronic data to
the Federal Rebate Processing System;
(B) a financial system that is capable of tracking
the distribution of rebates to participating
contractors; and
(C) coordination and cooperation by the entity with
the appropriate State energy office regarding
participation in the existing energy efficiency
programs that will be delivering the Home Energy
Savings Retrofit Rebate Program.
(c) Public Utility Commission Efficiency Targets.--The Secretary
shall--
(1) develop guidelines for States to use to allow utilities
participating as rebate aggregators to count the energy savings
from the participation of the utilities toward State level
energy savings targets; and
(2) work with States to assist in the adoption of those
guidelines for the purposes and duration of the Home Energy
Savings Retrofit Rebate Program.
SEC. 6. QUALITY ASSURANCE PROVIDERS.
(a) Qualifications.--An entity shall be considered a quality
assurance provider under this Act only if the entity is qualified
through--
(1) the BPI;
(2) RESNET; or
(3) any other entity designated by the Secretary such as a
State or State-approved residential energy efficiency retrofit
program.
(b) Functions.--A quality assurance provider shall--
(1) be independent of the contractor;
(2) confirm that contractors or installers of home energy
efficiency retrofits meet the qualification requirements of
this Act according to the standard work specification
guidelines established by the National Renewable Energy
Laboratory of the Department of Energy; and
(3) perform field inspections and other measures required
to confirm the compliance of the retrofit work and the
simulated energy savings under the Home Energy Savings Retrofit
Rebate Program, based on the requirements of this Act.
SEC. 7. TRANSFERABILITY OF HOME ENERGY SAVINGS REBATE.
A homeowner may transfer the rebate provided under the Home Energy
Savings Retrofit Rebate Program to the contractor performing the
retrofit work if the contractor completes a form that accompanies the
rebate form developed under section 3(b). This form, to be made
publically available by the Secretary 90 days after the date of
enactment of this Act, must be signed by the homeowner and include--
(1) the amount of the rebate the contractor will submit for
disbursement to the contractor;
(2) the level of energy use reduction of the home retrofit
certified under section 8(e)(4), and assurance that the
contractor will provide the certificate to the homeowner within
30 days of receipt from the Department of Energy;
(3) a documentation report of the retrofit performed and
paid by the homeowner; and
(4) confirmation from the homeowner that they understand
they have the right to submit directly for the rebate and have
chosen to transfer the credit in full to the contractor.
SEC. 8. HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM.
(a) In General.--If a qualified home energy efficiency retrofit of
a home is carried out after January 1, 2013, by a qualified contractor
in accordance with this section, rebates shall be awarded for retrofits
that achieve home energy savings in accordance with this Act.
(b) Amount of Rebates.--
(1) In general.--Subject to subsection (e), the amount of a
rebate provided to the owner of a home or a designee of the
owner under this section shall be--
(A) $2,000 for a 20-24 percent reduction in home
energy use;
(B) $3,000 for a 25-29 percent reduction in home
energy use;
(C) $4,000 for a 30-34 percent reduction in home
energy use;
(D) $5,000 for a 35-39 percent reduction in home
energy use;
(E) $6,000 for a 40-44 percent reduction in home
energy use;
(F) $7,000 for a 45-49 percent reduction in home
energy use; and
(G) $8,000 for a 50 percent or more reduction in
home energy use.
(2) Rebate payment.--
(A) In general.--The rebate shall be paid, based on
energy savings as calculated under subsection (e),
within 60 days after--
(i) submission of the required rebate
forms; and
(ii) the completion of any quality
assurance assessment required under
subparagraph (B).
(B) Quality assurance assessments.--The Secretary
shall establish a schedule of required quality
assurance assessments. In the first year of the
program, all homes shall be required to have a quality
assurance assessment. The Secretary shall establish a
cost effective schedule of required quality assurance
assessments for subsequent years based on performance
under the program.
(3) Limitation.--In no event shall the amount of rebates
under this subsection exceed--
(A) $10,000 with respect to any individual; or
(B) 50 percent of the qualified home energy
efficiency expenditures paid or incurred by the
homeowner under subsection (c).
(c) Qualified Home Energy Efficiency Expenditures.--For purposes of
this section, the term ``qualified home energy efficiency
expenditures''--
(1) means any amount paid or incurred by a homeowner for a
qualified home energy efficiency retrofit, including the cost
of diagnostic procedures, labor, and modeling; and
(2) does not include--
(A) improvements to swimming pools or hot tubs; or
(B) any amount paid or incurred to purchase or
install a biomass, wood, or wood pellet furnace,
boiler, or stove, unless the system--
(i) is designed to meet at least 70 percent
of the heating demands of the home;
(ii) in the case of woodstoves, is
certified by the Environmental Protection
Agency;
(iii) in the case of a wood stove
replacement, replaces an existing wood stove
with a stove that is certified by the
Environmental Protection Agency, if a voucher
is provided by the installer or other
responsible party certifying that the old stove
has been removed and made inoperable;
(iv) in the case of a furnace or boiler, is
in a home with a distribution system (such as
piping, ducts, vents, blowers, or affixed fans)
that allows heat from the furnace or boiler to
reach all or most parts of the home; and
(v) is certified by an independent test
laboratory approved by the Secretary as
having--
(I) thermal efficiency (with a high
heating value) of at least 75 percent
for stoves and 80 percent for furnaces
and boilers;
(II) particulate emissions of less
than 3.0 grams per hour for wood stoves
or pellet stoves; and
(III) less than 0.07 lbs per
million BTU for outdoor boilers and
furnaces.
(d) Qualified Home Energy Efficiency Retrofit.--
(1) In general.--A qualified home energy efficiency
retrofit is a retrofit that implements measures, during a
rebate-eligible year in the existing principal residence of the
homeowner which is located in the United States, intended to
reduce the energy use of such residence. A qualified home
energy efficiency retrofit shall--
(A) be implemented and installed by a qualified
contractor;
(B) install a set of measures modeled to achieve a
reduction in home energy use of 20 percent or more from
the baseline established under subparagraph (C), using
computer modeling software approved under paragraph
(2);
(C) establish the baseline energy use as provided
in subsection (e)(1)(C);
(D) implement a test-out procedure, following
guidelines of the applicable accrediting program
described in section 4(a)(2) (A), (B), or (C), or
equivalent guidelines approved by the Secretary for
this purpose, to ensure--
(i) the safe operation of all systems post
retrofit; and
(ii) that all improvements are included in,
and have been installed according to--
(I) standards of the applicable
accrediting program described in
section 4(a)(2) (A), (B), or (C);
(II) manufacturers installation
specifications; and
(III) all applicable State and
local building and mechanical codes or
equivalent standards approved by the
Secretary for this purpose;
(E) include only measures that have an average
estimated life of 5 years or more as determined by the
Secretary;
(F) not include any amount which is paid or
incurred in connection with any expansion of the
building envelope of the residence; and
(G) not include improvements to swimming pools or
hot tubs or any other expenditure specifically excluded
by the Secretary.
(2) Approved modeling software.--The contractor shall use
modeling software certified by RESNET as following the software
verification test suites in section 4.2.1 of RESNET Publication
No. 06-001, or under equivalent standards approved by the
Secretary for this purpose, and shall have the ability at a
minimum to assess the savings associated with all the measures
for Home Energy Savings Retrofit Rebate Program.
(e) Energy Use Reduction.--
(1) Determination of energy use reduction.--
(A) In general.--The reduction in energy use for
any residence shall be determined by modeling the
annual predicted percentage reduction in total energy
costs for heating, cooling, hot water, and permanent
lighting. It shall be modeled using computer modeling
software approved under subsection (d)(2) and
calibrated according to subparagraph (C) of this
paragraph.
(B) Energy costs.--For the purposes of subparagraph
(A), the energy cost per unit of fuel for each fuel
type shall be determined by dividing the total actual
energy bill (subtracting taxes and fees) for the
residence for that fuel type for the most recent
available 12-month period by the total energy units of
that fuel type used over the same period.
(C) Baseline energy use.--For the purposes of
subparagraph (A), the software model that establishes
the baseline energy use and predicted energy savings
shall be calibrated according to the procedures set
forth in sections 3 and 4 of BPI Standard BPI-2400-S-
2011: Standardized Qualification of Whole House Energy
Savings Estimates, or an equivalent standard approved
by the Secretary for this purpose.
(2) Documentation.--The percent improvement in energy
consumption calculated under this section shall be documented
through modeling software described in subsection (d)(2).
(3) Monitoring.--The Secretary--
(A) shall periodically evaluate the software
packages used for determining rebates under this
section;
(B) shall monitor and compare the predictions to
the real energy data, and based on the results, create
performance criteria to allow or disallow the software;
and
(C) may disallow the use of software programs that
improperly assess energy savings.
(4) Certificate of retrofit performance.--The Secretary
shall establish a system for distribution of a certificate of
performance with the issuance of a rebate that certifies the
level of energy use reduction achieved by the retrofit. The
certificate will be provided to the rebate recipient. If the
recipient is the contractor under the terms of section 7, the
contractor shall remit the certificate to the homeowner, to be
postmarked not later than 30 days after the contractor's
receipt of the certificate.
(5) Exception.--The Secretary shall not utilize the
authority provided under this Act to--
(A) develop, adopt, or implement a public labeling
system that rates and compares the energy performance
of one home with another; or
(B) require the public disclosure of an energy
performance evaluation or rating developed for any
specific home.
Nothing in this paragraph shall preclude the computation,
collection, or use, by the Secretary, rebate aggregators, or
quality assurance providers, or the States or Indian tribes,
for the purposes of gathering information on the rating and
comparison of the energy performance of homes with and without
energy efficiency retrofits.
(f) Qualification for Rebate.--On submission of a claim for a
retrofit rebate by a rebate aggregator to the system established under
section 5, the Secretary shall provide reimbursement to the rebate
aggregator, if--
(1) the retrofit is a qualified home energy efficiency
retrofit;
(2) the amount of the reimbursement is not more than the
amount described in subsection (b);
(3) documentation required to verify the claim is
transmitted with the claim; and
(4) any quality assurance assessment required under
subsection (b)(2)(B) has been completed.
(g) Homeowner Complaints.--
(1) In general.--A homeowner may make a complaint under the
quality assurance program during the 1-year warranty period
that compliance with the quality assurance requirements of this
section has not been achieved.
(2) Verification.--
(A) In general.--The quality assurance program
shall provide that, on receiving a complaint under
paragraph (1), an independent quality assurance
provider shall conduct field verification on the
retrofit work performed by the contractor.
(B) Administration.--A verification under this
paragraph shall be corrected in accordance with
subsection (f)(4).
(h) Audits.--
(1) In general.--On making payment for a submission under
this section, the Secretary shall review rebate requests to
determine whether program requirements were met in all
respects.
(2) Incorrect payment.--On a determination of the Secretary
under paragraph (1) that a payment was made incorrectly to a
party, the Secretary may--
(A) recoup the amount of the incorrect payment; or
(B) withhold the amount of the incorrect payment
from the next payment made to the party pursuant to a
subsequent request.
(i) Incentives.--The amount of incentives that the Secretary may
provide to quality assurance providers and rebate aggregators under
this Act shall be--
(1) $25 for each rebate review and submission provided
under the program;
(2) $250 for each field inspection conducted under the
program; or
(3) such other amounts as the Secretary considers necessary
to carry out the quality assurance provisions of this Act.
SEC. 9. GRANTS TO STATES AND INDIAN TRIBES.
(a) In General.--A State or Indian tribe that receives a grant
under subsection (d) shall use the grant for--
(1) administrative costs;
(2) oversight of quality assurance plans;
(3) development of a quality assurance program;
(4) establishment and delivery of financing pilots in
accordance with this Act;
(5) coordination with existing residential retrofit
programs and infrastructure development to assist deployment of
the Home Energy Savings Retrofit Rebate Program; and
(6) the costs of carrying out the responsibilities of the
State or Indian tribe under the Home Energy Savings Retrofit
Rebate Program.
(b) Initial Grants.--Not later than 60 days after receipt of a
completed application for a grant under this section, the Secretary
shall either make the grant or provide to the applicant an explanation
for denying the grant.
(c) Indian Tribes.--The Secretary shall reserve an appropriate
amount of funding to be made available to carry out this section for
each fiscal year to make grants available to Indian tribes under this
section.
(d) State Allotments.--From the amounts made available to carry out
this section for each fiscal year remaining after the reservation
required under subsection (c), the Secretary shall make grants
available to States in accordance with section 15.
(e) Quality Assurance Programs.--
(1) In general.--A State or Indian tribe may use a grant
made under this section to carry out a quality assurance
program that is--
(A) operated as part of a State energy conservation
plan established under part D of title III of the
Energy Policy and Conservation Act (42 U.S.C. 6321 et
seq.);
(B) managed by the office or the designee of the
office that is--
(i) responsible for the development of the
plan under section 362 of that Act (42 U.S.C.
6322); and
(ii) to the maximum extent practicable
conducting an existing energy efficiency
program; and
(C) in the case of a grant made to an Indian tribe,
managed by an entity designated by the Indian tribe to
carry out a quality assurance program or a national
quality assurance program manager.
(2) Noncompliance.--If the Secretary determines that a
State or Indian tribe has not provided or cannot provide
adequate oversight over a quality assurance program to ensure
compliance with this Act, the Secretary may--
(A) withhold further quality assurance funds from
the State or Indian tribe; and
(B) require that quality assurance providers
operating in the State or by the Indian tribe be
overseen by a national quality assurance program
manager selected by the Secretary.
(f) Implementation.--A State or Indian tribe that receives a grant
under this section may implement a quality assurance program through
the State, the Indian tribe, or a third party designated by the State
or Indian tribe, including--
(1) an energy service company;
(2) an electric utility;
(3) a natural gas utility;
(4) a third-party administrator designated by the State or
Indian tribe; or
(5) a unit of local government.
(g) Public-Private Partnerships.--A State or Indian tribe that
receives a grant under this section is encouraged to form partnerships
with utilities, energy service companies, and other entities--
(1) to assist in marketing a program;
(2) to facilitate consumer financing;
(3) to assist in implementation of the Home Energy Savings
Retrofit Rebate Program, including installation of qualified
home energy efficiency retrofits; and
(4) to assist in implementing quality assurance programs.
(h) Coordination of Rebate and Existing State-Sponsored Programs.--
(1) In general.--A State or Indian tribe shall, to the
maximum extent practicable, prevent duplication through
coordination of a program authorized under this Act with--
(A) the Energy Star appliance rebates program
authorized under the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5; 123; Stat. 115); and
(B) comparable programs planned or operated by
States, political subdivisions, electric and natural
gas utilities, Federal power marketing administrations,
and Indian tribes.
(2) Existing programs.--In carrying out this subsection, a
State or Indian tribe shall--
(A) give priority to--
(i) comprehensive retrofit programs in
existence on the date of enactment of this Act,
including programs under the supervision of
State utility regulators; and
(ii) using funds made available under this
Act to enhance and extend existing programs;
and
(B) seek to enhance and extend existing programs by
coordinating with administrators of the programs.
SEC. 10. QUALITY ASSURANCE PROGRAM.
(a) In General.--As part of a grant application described in
section 9(b), a State or Indian tribe shall submit to the Secretary a
plan to implement a quality assurance program that covers all federally
assisted residential efficiency retrofit work administered, supervised,
or sponsored by the State or Indian tribe.
(b) Implementation.--The State or Indian tribe shall--
(1) develop a quality assurance program in consultation
with industry stakeholders, including representatives of
efficiency program managers, contractors, and environmental,
energy efficiency, and labor organizations; and
(2) implement the quality assurance program not later than
180 days after receipt of a grant under section 9.
(c) Components.--The quality assurance program established under
this section shall include--
(1) maintenance of a list of qualified contractors
authorized to perform such retrofit work as described in
section 4;
(2) targets and realistic plans for--
(A) the recruitment of small minority-owned or
women-owned business enterprises; and
(B) the employment of graduates of training
programs that primarily serve low-income populations
with a median income that is below 200 percent of the
poverty line (as defined in section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2)),
including any revision required by that section) by
participating contractors; and
(3) a plan to link workforce training for home energy
efficiency retrofits with training for the broader range of
skills and occupations in construction or emerging clean energy
industries.
(d) Noncompliance.--If the Secretary determines that a State or
Indian tribe has not taken the steps required under this section, the
Secretary shall provide to the State or Indian tribe a period of at
least 90 days to comply before suspending the participation of the
State or Indian tribe in the program.
SEC. 11. EVALUATION REPORT TO CONGRESS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act and annually thereafter until the termination of the
program under this Act, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on the use of
funds under this Act.
(b) Contents.--The report submitted under subsection (a) shall
evaluate--
(1) how many eligible participants have participated in the
program;
(2) how many jobs have been created through the program,
directly and indirectly;
(3) what steps could be taken to promote further deployment
of energy efficiency and renewable energy retrofits;
(4) the quantity of verifiable energy savings, homeowner
energy bill savings, and other benefits of the program;
(5) any waste, fraud, or abuse with respect to such funds;
and
(6) any other information the Secretary considers
appropriate.
(c) Noncompliance.--The Secretary shall require rebate aggregators,
States, and Indian tribes to provide the information required to enable
the Secretary to carry out this section. If the Secretary determines
that a rebate aggregator, State, or Indian tribe has not provided such
information on a timely basis, the Secretary shall provide to the
rebate aggregator, State, or Indian tribe a period of at least 90 days
to provide any necessary information, subject to withholding of funds
or reduction of future grant amounts, or decertification of rebate
aggregators.
SEC. 12. ADMINISTRATION.
(a) In General.--Subject to section 15(b), not later than 30 days
after the date of enactment of this Act, the Secretary shall provide
such administrative and technical support to rebate aggregators,
States, and Indian tribes as is necessary to carry out this Act.
(b) Appointment of Personnel.--Notwithstanding the provisions of
title 5, United States Code, governing appointments in the competitive
service and General Schedule classifications and pay rates, the
Secretary may appoint such professional and administrative personnel as
the Secretary considers necessary to carry out this Act.
(c) Rate of Pay.--The rate of pay for a person appointed under
subsection (b) shall not exceed the maximum rate payable for GS-15 of
the General Schedule under chapter 53 of title 5, United States Code.
(d) Consultants.--Notwithstanding section 303 of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253), the
Secretary may retain such consultants on a noncompetitive basis as the
Secretary considers necessary to carry out this Act.
(e) Contracting.--In carrying out this Act, the Secretary may waive
all or part of any provision of the Competition in Contracting Act of
1984 (Public Law 98-369; 98 Stat. 1175), an amendment made by that Act,
or the Federal Acquisition Regulation on a determination that
circumstances make compliance with the provisions contrary to the
public interest.
(f) Information Collection.--Chapter 35 of title 44, United States
Code, shall not apply to any information collection requirement
necessary for the implementation of the Home Energy Savings Retrofit
Rebate Program. The Secretary shall establish, and make available to
homeowners seeking a rebate under this Act, optional release forms
authorizing access by the Secretary, BPI, and RESNET to information in
the utility bills of the homeowner.
SEC. 13. TREATMENT OF REBATES.
(a) In General.--For purposes of the Internal Revenue Code of 1986,
rebates received for a qualified home energy efficiency retrofit under
this Act--
(1) shall not be considered taxable income to a homeowner;
and
(2) shall prohibit the consumer from applying for a tax
credit allowed under section 25C or 25D of that Code for the
same retrofit work performed in the home of the homeowner.
(b) Notice.--
(1) In general.--A participating contractor shall provide
notice to a homeowner of the provisions of subsection (a)
before eligible work is performed in the home of the homeowner.
(2) Notice in rebate form.--A homeowner shall be notified
of the provisions of subsection (a) in the appropriate rebate
form developed by the Secretary, in consultation with the
Secretary of the Treasury.
SEC. 14. PENALTIES.
(a) In General.--It shall be unlawful for any person to violate
this Act (including any regulation issued under this Act), other than a
violation as the result of a clerical error.
(b) Civil Penalty.--In addition to any penalty applicable under
other Federal law for fraud or other crimes, any person who commits a
violation of this Act shall be liable to the United States for a civil
penalty in an amount that is not more than the higher of--
(1) $15,000 for each violation; or
(2) 3 times the value of any associated rebate under this
Act.
(c) Administration.--The Secretary may--
(1) assess and compromise a penalty imposed under
subsection (b); and
(2) require from any entity the records and inspections
necessary to enforce this Act.
SEC. 15. FUNDING.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this Act $500,000,000 for each of
fiscal years 2013 through 2016, to remain available until
expended.
(2) Maintenance of funding.--Funds provided under this
section shall supplement and not supplant any Federal and State
funding provided to carry out energy efficiency programs in
existence on the date of enactment of this Act.
(b) Grants to States.--
(1) In general.--Of the amounts provided under subsection
(a), not more than 6 percent shall be used to carry out section
9.
(2) Distribution to state energy offices.--Not later than
45 days after the date of enactment of this Act, the Secretary
shall determine a formula to provide funds described in
paragraph (1) to State energy offices, in accordance with the
allocation formula for State energy conservation plans
established under part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.).
(c) Tracking of Rebates and Expenditures.--Of the amount provided
under subsection (a), not more than 2.5 percent are authorized to be
appropriated to the Secretary to be used for costs associated with
tracking rebates and expenditures through the Federal Rebate Processing
System under this Act, technical assistance to States, and related
administrative costs incurred by the Secretary.
(d) Program Review and Backstop Funding.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall perform a State-by-
State analysis and review the distribution of Home Energy
Savings Retrofit Rebates under this Act.
(2) Adjustment.--The Secretary may allocate technical
assistance funding to assist States that have not sufficiently
benefitted from the Home Energy Savings Retrofit Rebate
Program.
(e) Return of Undisbursed Funds.--If the Secretary has not
disbursed all the funds available for rebates under the Home Energy
Savings Retrofit Rebate Program by September 30, 2017, any undisbursed
funds shall be returned to the Treasury.
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