[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1200 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1200

   To amend the Energy Policy and Conservation Act to promote energy 
        efficiency and energy savings in residential buildings.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2013

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

_______________________________________________________________________

                                 A BILL


 
   To amend the Energy Policy and Conservation Act to promote energy 
        efficiency and energy savings in residential buildings.

    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 ``Residential Energy Savings Act of 
2013''.

SEC. 2. STATE RESIDENTIAL BUILDING ENERGY EFFICIENCY UPGRADES LOAN 
              PILOT PROGRAM.

    (a) Loans for Residential Building Energy Efficiency Upgrades.--
Part D of title III of the Energy Policy and Conservation Act (42 
U.S.C. 6321 et seq.) is amended by adding at the end the following:

``SEC. 367. LOANS FOR RESIDENTIAL BUILDING ENERGY EFFICIENCY UPGRADES.

    ``(a) Definitions.--In this section:
            ``(1) Consumer-friendly loan repayment approach.--The term 
        `consumer-friendly loan repayment approach' means a loan 
        repayment method that--
                    ``(A) emphasizes convenience for customers;
                    ``(B) is of low cost to consumers; and
                    ``(C) may tie loan repayment to an existing bill of 
                the consumer.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State or territory of the United States; 
                and
                    ``(B) an Indian tribal government.
            ``(3) Energy advisor program.--
                    ``(A) In general.--The term `energy advisor 
                program' means any program to provide to homeowners or 
                residents advice, information, and support in the 
                identification, prioritization, and implementation of 
                energy efficiency and energy savings measures.
                    ``(B) Inclusions.--The term `energy advisor 
                program' includes a program that provides--
                            ``(i) interpretation of energy audit 
                        reports;
                            ``(ii) assistance in the prioritization of 
                        improvements;
                            ``(iii) assistance in finding qualified 
                        contractors;
                            ``(iv) assistance in contractor bid 
                        reviews;
                            ``(v) education on energy conservation, 
                        renewable energy, and energy efficiency;
                            ``(vi) explanations of available incentives 
                        and tax credits;
                            ``(vii) assistance in completion of rebate 
                        and incentive paperwork; and
                            ``(viii) any other similar type of support.
            ``(4) Energy efficiency.--The term `energy efficiency' 
        means a reduction in energy use, including thermal energy for 
        heating.
            ``(5) Energy efficiency upgrade.--
                    ``(A) In general.--The term `energy efficiency 
                upgrade' means any project or activity carried out on a 
                residential building to increase energy efficiency.
                    ``(B) Inclusions.--The term `energy efficiency 
                upgrade' includes the installation or improvement of 
                renewable energy for heating or electricity generation 
                serving a residential building carried out in 
                conjunction with an energy efficiency project or 
                activity.
            ``(6) Residential building.--
                    ``(A) In general.--The term `residential building' 
                means a building used for residential purposes.
                    ``(B) Inclusions.--The term `residential building' 
                includes--
                            ``(i) a single-family residence;
                            ``(ii) a multifamily residence composed not 
                        more than 4 units; and
                            ``(iii) a mixed-use building that includes 
                        not more than 4 residential units.
    ``(b) Establishment of Program.--
            ``(1) In general.--The Secretary shall establish a program 
        under this part under which the Secretary shall make available 
        to eligible entities loans for the purpose of establishing or 
        expanding programs that provide to residential property owners 
        or tenants financing for energy efficiency upgrades of 
        residential buildings.
            ``(2) No requirement to participate.--No eligible entity 
        shall be required to participate in any manner in the program 
        established under paragraph (1).
    ``(c) Applications.--
            ``(1) In general.--To be eligible to receive a loan under 
        this section, an eligible entity shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require.
            ``(2) Selection.--In selecting eligible entities to receive 
        loans under this section, the Secretary shall--
                    ``(A) to the maximum extent practicable, ensure--
                            ``(i) that both innovative and established 
                        approaches to the challenges of financing 
                        energy efficiency upgrades are supported;
                            ``(ii) regional diversity among recipients, 
                        including participation by rural States and 
                        small States; and
                            ``(iii) significant participation by low- 
                        and medium-income families;
                    ``(B) evaluate applications based primarily on--
                            ``(i) the projected reduction in energy 
                        use;
                            ``(ii) the extent to which Federal funds 
                        are used to leverage additional funding from 
                        State, local, philanthropic, private sector, 
                        and other sources;
                            ``(iii) the creditworthiness of the 
                        eligible entity; and
                            ``(iv) the incorporation of measures, such 
                        as on-bill repayment, for making the loan 
                        repayment system for recipients of financing as 
                        consumer-friendly as practicable; and
                    ``(C) evaluate applications based secondarily on--
                            ``(i) the extent to which the proposed 
                        financing program of the eligible entity 
                        incorporates best practices for such a program, 
                        as determined by the Secretary;
                            ``(ii) whether the eligible entity has 
                        created a plan for evaluating the effectiveness 
                        of the proposed financing program;
                            ``(iii) the extent to which the proposed 
                        financing program incorporates energy advisor 
                        programs and support programs designed to 
                        increase the effectiveness of the program;
                            ``(iv) the projected quantity of renewable 
                        energy to be generated, to the extent that 
                        renewable energy generation will be included;
                            ``(v) the extent to which the proposed 
                        financing program will be coordinated and 
                        marketed with other existing or planned energy 
                        efficiency programs administered by--
                                    ``(I) utilities;
                                    ``(II) State, tribal, territorial, 
                                or local governments; or
                                    ``(III) community development 
                                financial institutions; and
                            ``(vi) such other factors as the Secretary 
                        determines to be appropriate.
    ``(d) Term; Interest.--
            ``(1) In general.--The Secretary shall establish terms and 
        interest rates for loans provided to eligible entities under 
        this section in a manner that--
                    ``(A) provides for a high degree of cost recovery; 
                and
                    ``(B) ensures that the loans are competitive with, 
                or superior to, other forms of financing for similar 
                purposes.
            ``(2) Performance incentive.--The Secretary shall establish 
        a performance incentive providing a repayment discount for 
        eligible entities in an amount equal to not more than the value 
        of the interest accrued on the loan provided to the applicable 
        eligible entity under this section, based on performance as 
        evaluated in accordance with the factors described in 
        subparagraphs (B) and (C) of subsection (c)(2).
    ``(e) Use of Funds.--
            ``(1) In general.--An eligible entity shall use a loan 
        provided under this section to establish or expand a financing 
        program--
                    ``(A) the purpose of which is to enable residential 
                building owners or tenants to conduct energy efficiency 
                upgrades of residential buildings;
                    ``(B) that may not require any initial capital, 
                excluding fees; and
                    ``(C) that incorporates a consumer-friendly loan 
                repayment approach.
            ``(2) Structure of financing program.--The financing 
        program of an eligible entity may--
                    ``(A) consist--
                            ``(i) primarily or entirely of a financing 
                        program administered by--
                                    ``(I) the applicable State; or
                                    ``(II) a local government, utility, 
                                or other entity; or
                            ``(ii) of a combination of programs 
                        described in clause (i); and
                    ``(B) rely on financing provided by--
                            ``(i) the eligible entity; or
                            ``(ii) a third party, acting through the 
                        eligible entity.
            ``(3) Form of assistance.--Assistance provided by an 
        eligible entity under this subsection may be in the form of--
                    ``(A) a revolving loan fund;
                    ``(B) a credit enhancement structure designed to 
                mitigate the effects of default; or
                    ``(C) a program that--
                            ``(i) adopts any other approach for 
                        providing financing for energy efficiency 
                        upgrades producing significant energy 
                        efficiency gains;
                            ``(ii) produces a high-leverage ratio of 
                        non-Federal funds; and
                            ``(iii) incorporates measures for making 
                        the loan repayment system for recipients of 
                        financing as consumer-friendly as practicable.
            ``(4) Scope of assistance.--Assistance provided by an 
        eligible entity under this subsection may be used to pay for 
        costs associated with carrying out an energy efficiency 
        upgrade, including materials and labor.
    ``(f) Repayment.--An eligible entity shall repay to the Secretary 
the amount of a loan provided under this section, together with--
            ``(1) interest accrued on that amount; and
            ``(2) such fees as the Secretary determines to be necessary 
        to recover any portion of the costs of the program under this 
        section.
    ``(g) Reports.--
            ``(1) Eligible entities.--
                    ``(A) In general.--Not later than 2 years after the 
                date of receipt of the loan, and annually thereafter 
                for the term of the loan, an eligible entity that 
                receives a loan under this section shall submit to the 
                Secretary a report describing the performance of each 
                program and activity carried out using the loan, 
                including anonymized loan performance data.
                    ``(B) Requirements.--The Secretary, in consultation 
                with eligible entities and other stakeholders (such as 
                lending institutions and the real estate industry), 
                shall establish such requirements for the reports under 
                this paragraph as the Secretary determines to be 
                appropriate--
                            ``(i) to ensure that the reports are clear, 
                        consistent, and straightforward; and
                            ``(ii) taking into account the reporting 
                        requirements for similar programs in which the 
                        eligible entities are participating, if any.
            ``(2) Secretary.--The Secretary shall submit to Congress 
        and make available to the public--
                    ``(A) not less frequently than once each year, a 
                report describing the performance of the program under 
                this section, including a synthesis and analysis of the 
                information provided in the reports submitted to the 
                Secretary under paragraph (1)(A); and
                    ``(B) on termination of the program under this 
                section, an assessment of the success of, and education 
                provided by, the measures carried out by eligible 
                entities during the term of the program.
    ``(h) Maximum Amount.--The Secretary may provide to eligible 
entities a total of not more than $2,000,000,000 in loans under this 
section for the costs of activities described in subsection (e).''.
    (b) Reorganization.--
            (1) In general.--Part D of title III of the Energy Policy 
        and Conservation Act (42 U.S.C. 6321 et seq.) is amended--
                    (A) by redesignating sections 362, 363, 364, 365, 
                and 366 as sections 364, 365, 366, 363, and 362, 
                respectively, and moving the sections so as to appear 
                in numerical order;
                    (B) in section 362 (as so redesignated)--
                            (i) in paragraph (3)(B)(i), by striking 
                        ``section 367, and'' and inserting ``section 
                        367 (as in effect on the day before the date of 
                        enactment of the State Energy Efficiency 
                        Programs Improvement Act of 1990 (42 U.S.C. 
                        6201 note; Public Law 101-440)); and''; and
                            (ii) in each of paragraphs (4) and (6), by 
                        striking ``section 365(e)(1)'' each place it 
                        appears and inserting ``section 363(e)(1)'';
                    (C) in section 363 (as so redesignated)--
                            (i) in subsection (b), by striking ``the 
                        provisions of sections 362 and 364 and 
                        subsection (a) of section 363'' and inserting 
                        ``sections 364, 365(a), and 366''; and
                            (ii) in subsection (g)(1)(A), in the second 
                        sentence, by striking ``section 362'' and 
                        inserting ``section 364''; and
                    (D) in section 365 (as so redesignated)--
                            (i) in subsection (a)--
                                    (I) in paragraph (1), by striking 
                                ``section 362,'' and inserting 
                                ``section 364;''; and
                                    (II) in paragraph (2), by striking 
                                ``section 362(b) or (e)'' and inserting 
                                ``subsection (b) or (e) of section 
                                364''; and
                            (ii) in subsection (b)(2), in the matter 
                        preceding subparagraph (A), by striking 
                        ``section 362(b) or (e)'' and inserting 
                        ``subsection (b) or (e) of section 364''.
            (2) Conforming amendments.--Section 391 of the Energy 
        Policy and Conservation Act (42 U.S.C. 6371) is amended--
                    (A) in paragraph (2)(M), by striking ``section 
                365(e)(2)'' and inserting ``section 363(e)(2)''; and
                    (B) in paragraph (10), by striking ``section 362 of 
                this Act'' and inserting ``section 364''.
            (3) Clerical amendment.--The table of contents of the 
        Energy Policy and Conservation Act (42 U.S.C. 6201 note; Public 
        Law 94-163) is amended by striking the items relating to part D 
        of title III and inserting the following:

              ``Part D--State Energy Conservation Programs

``Sec. 361. Findings and purpose.
``Sec. 362. Definitions.
``Sec. 363. General provisions.
``Sec. 364. State energy conservation plans.
``Sec. 365. Federal assistance to States.
``Sec. 366. State energy efficiency goals.
``Sec. 367. Loans for residential building energy efficiency 
                            upgrades.''.

SEC. 3. FUNDING.

    (a) Budgetary Effects.--The budgetary effects of this Act, for the 
purpose of complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement titled 
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for 
printing in the Congressional Record by the Chairman of the Senate 
Budget Committee, provided that such statement has been submitted prior 
to the vote on passage.
    (b) Advance Appropriations Required.--An authorization of 
appropriations under this Act or an amendment made by this Act shall be 
effective for a fiscal year only to the extent and in the amounts 
provided in advance in appropriations Acts.
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