1.This Act may be cited as the
Home Owner Managing Energy Savings Act
of 2012
or the HOMES Act
.
2.In this Act:
(1)The
term BPI
means the Building Performance Institute.
(2)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)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 systemThe term Federal Rebate Processing
System
means the Federal Rebate Processing System established under
section 3(b).
(5)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 programThe term Home Energy
Savings Retrofit Rebate Program
means the Home Energy Savings Retrofit
Rebate Program established under section 3(a).
(7)The
term homeowner
means the owner of an owner-occupied home or a
tenant-occupied home.
(8)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)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)The term qualified contractor
means a
residential energy efficiency contractor that meets minimum applicable
requirements established under section 4.
(11)Qualified home
energy efficiency retrofitThe term qualified home energy
efficiency retrofit
means a retrofit described in section 8(d).
(12)Quality
assurance program
(A)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)For
purposes of subparagraph (A), delivery of retrofit programs includes delivery
of quality assurance reviews of rebate applications and field
inspections.
(13)Quality
assurance providerThe term quality assurance
provider
means any entity that meets the minimum applicable
requirements established under section 6(b).
(14)The term rebate aggregator
means an
entity that meets the requirements of section 5.
(15)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)The
term Secretary
means the Secretary of Energy.
(17)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.
3.Home energy
savings retrofit rebate program
(a)The Secretary shall establish the Home Energy Savings
Retrofit Rebate Program.
(b)Federal rebate
processing system
(1)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)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.
4.
(a)Contractor
qualificationsA 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 ownerA 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.
5.
(a)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)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 targetsThe 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.
6.Quality assurance
providers
(a)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)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.
7.Transferability
of home energy savings rebateA 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.
8.Home energy
savings retrofit rebate program
(a)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)
(1)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)
(A)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 assessmentsThe
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)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 expendituresFor 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)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 softwareThe
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)
(1)Determination of
energy use reduction
(A)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)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)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)The
percent improvement in energy consumption calculated under this section shall
be documented through modeling software described in subsection (d)(2).
(3)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 performanceThe 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)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)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)
(1)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)
(A)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)A verification under this paragraph shall
be corrected in accordance with subsection (f)(4).
(h)
(1)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)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)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.
9.Grants to States
and Indian tribes
(a)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)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)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)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)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)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)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
partnershipsA 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)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)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.
10.Quality
assurance program
(a)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)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)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)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.
11.Evaluation
report to Congress
(a)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)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)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.
12.
(a)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)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)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)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)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)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.
13.
(a)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)
(1)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)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.
14.
(a)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)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)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.
15.
(a)Authorization of
appropriations
(1)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)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)
(1)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 officesNot
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 expendituresOf
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)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)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 fundsIf 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.