[DOCID: f:hr475.111]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-475
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5019) TO PROVIDE FOR THE
ESTABLISHMENT OF THE HOME STAR RETROFIT REBATE PROGRAM, AND FOR OTHER
PURPOSES
_______
May 5, 2010.--Referred to the House Calendar and ordered to be printed
_______
Ms. Matsui, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 1329]
The Committee on Rules, having had under consideration
House Resolution 1329, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 5019, the
``Home Star Energy Retrofit Act of 2010,'' under a structured
rule. The resolution provides one hour of general debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Energy and Commerce.
The resolution waives all points of order against
consideration of the bill except those arising under clause 9
or 10 of rule XXI. The resolution provides that the amendment
in the nature of a substitute recommended by the Committee on
Energy and Commerce shall be considered as an original bill for
the purpose of amendment and shall be considered as read. The
resolution waives all points of order against the amendment in
the nature of a substitute except for clause 10 of rule XXI.
This waiver does not affect the point of order available under
clause 9 of rule XXI (regarding earmark disclosure).
The resolution further makes in order only those amendments
printed in this report. The amendments made in order may be
offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question. All
points of order against the amendments are waived except those
arising under clause 9 or 10 of rule XXI. The resolution
provides one motion to recommit with or without instructions.
The resolution provides that the Chair may entertain a
motion that the Committee rise only if offered by the chair of
the Committee on Energy and Commerce or a designee. Finally,
the resolution provides that the Chair may not entertain a
motion to strike out the enacting words of the bill.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of the bill (except those arising under clause 9
or 10 of rule XXI), the Committee is not aware of any points of
order. The waiver of all points of order is prophylactic.
The waiver of all points of order against the committee
amendment in the nature of a substitute (except those arising
under clause 10 of rule XXI) includes waivers of: (1) clause
5(a) of rule XXI (tax provisions not reported by the Committee
on Ways and Means), and (2) clause 7 of rule XVI (germaneness).
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 411
Date: May 5, 2010.
Measure: H.R. 5019.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Barton (TX), #25, which would
redirect rebates issued by the Department of Energy to
consumers instead of contractors.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Perlmutter--Nay; Pingree--Nay;
Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--
Nay.
Rules Committee record vote No. 412
Date: May 05, 2010.
Measure: H.R. 5019.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Reichert (WA) and Rep. Lee
(NY) and Rep. Davis (KY), #40, which would substitute for the
text of the bill the text of H.R. 4226, the Expanding Building
Efficiency Incentives Act.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Perlmutter--Nay; Pingree--Nay;
Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--
Nay.
Rules Committee record vote No. 413
Date: May 5, 2010.
Measure: H.R. 5019.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Bachmann (MN), #32, which
would prohibit a Federal or State administrator of the Home
Star program from having any financial interest in any product
such administrator approves for rebates under the program.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Perlmutter--Nay; Pingree--Nay;
Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--
Nay.
Rules Committee record vote No. 414
Date: May 5, 2010.
Measure: H.R. 5019.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Latta (OH), #23, which would
suspend the provisions in the bill if the bill adds to the
deficit.
Results: Defeated 3-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay;
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.
Rules Committee record vote No. 415
Date: May 5, 2010.
Measure: H.R. 5019.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for the following amendments to be separately debatable
for 10 minutes each: (1) an amendment by Rep. Herseth Sandlin
(SD), #42, which would require that alternative accreditation
standards approved by the Secretary of Energy include online
and correspondence training; and (2) an amendment by Rep.
Herseth Sandlin (SD), #43, which would modify the definition of
``accredited contractor'' to allow qualified contractors who
have been certified through one of the workforce programs in
section 2(4) of the bill to be eligible to perform the
efficiency work under the Gold Star program.
Results: Defeated 3-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay;
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.
Rules Committee record vote No. 416
Date: May 5, 2010.
Measure: H.R. 5019.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Bachmann (MN), #31, which
would prohibit funds from being available until the Homeland
Security Secretary certifies to Congress that all members of a
certified workforce are verified under a basic pilot program in
section 401 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996. No funds would be available to
enter into a contract with a person, employer, or other entity
that does not participate in the program.
Results: Defeated 3-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay;
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER
1. Waxman (CA): Would clarify that the rebate processing
system will include information about quality assurance field
inspections and Home Star loans related to any given home for
which rebates were sought. Would allow a State to have
confidential access to information concerning Home Star work
performed in that State. Would provide for expedited appeals by
contractors of determinations by quality assurance providers
and dispute resolution. Would strike contracting and consultant
hiring provisions in light of current law. Would clarify that
Secretary is to conduct financial assistance program as well as
quality assurance program in States where State declines to do
so. Would allow a homeowner who has undertaken Silver Star
measures for rebates to upgrade to Gold Star process, but
solely for incremental improvements and with rebates capped at
Gold Star maximum amount. Would promote coordination between
Home Star and existing state energy efficiency programs. Would
add separate categories and rebate amounts for highest-
efficiency air conditioners and gas furnaces. Would provide a
one-year deadline for homeowners to bring complaint related to
completed Home Star project. Would strike Ways and Means
jurisdictional provisions. Would clarify processes for
determining and allocating State funds between State
administrative functions and State financing support. Would
clarify use of loan funds by striking paragraph on offering
debt instruments to eligible participants. Would clarify that
financing funds not loaned by States as of the sunset of
program must be returned to the U.S. Treasury. Would strike
unnecessary references to other federal programs in
manufactured home rebate program. Would encourage States to
engage community colleges in energy retrofit initiatives by
incorporating colleges' educational and worker training
infrastructure into the quality assurance framework. Would
expand eligibility for a $50 rebate in the bill to cover
replacement and new storm windows and doors on all homes,
regardless of their age. Would direct the Administrator of the
EPA to develop a public education campaign to ensure outreach
to seniors to describe the benefits of the programs and would
promote lending to senior citizens living in older homes or
living on fixed incomes. Would require that rebate aggregators
and data storage be housed wholly within the United States, to
the extent consistent with the international obligations of the
United States. Would allow the Secretary to provide up to 0.2
percent of Gold Star funding for need-based scholarships to
individuals to enable them to qualify as accredited
contractors. Would expand the public information campaign
established in the bill to require the Administrator of the EPA
to coordinate with the Secretary of Veterans Affairs on how to
implement an outreach strategy to veterans and veteran service
organizations about the retrofit rebate programs in the bill.
Would require the Secretary to approve or deny alternative
standards for accreditation not later than 30 days after such
standards are submitted. Would explicitly state that insulated
vinyl siding qualifies for the Gold Star Home Energy Retrofit
Program. Would direct the Secretary to create two separate
telephone hotline numbers: one for contractors and another one
for homeowners. The hotlines would be available as a resource
to ask questions about the Home Star program. Would also direct
the Secretary to determine the feasibility and efficiency of
establishing an online chat function for the website
established for the Home Star program. Would modify the
definition of ``electric utility'' in the bill to include
entities engaged in selling electricity at wholesale, instead
of including in the definition only those engaged in retail
sales. Would provide for a study by the Secretary of Energy, in
conjunction with the Secretary of Health and Human Services, to
examine the effects of energy efficiency measures on noise
reduction. Would add veteran-owned small businesses to the
types of businesses that States should recruit when developing
a quality assurance framework. Would allow owners of pre-1976
mobile homes to use rebates to purchase new Energy Star modular
homes, in addition to new energy star manufactured homes. Would
address windows at altitudes of over 5,000 feet. Would require
the public information campaign to include information
regarding financing options available to consumers and
qualified financing entities under the Home Star Loan Program.
(20 minutes)
2. Barton (TX): Would strike the provision that permits
financing entities to use funds repaid by participants to
provide assistance to additional participants. (10 minutes)
3. Nye (VA): Would add Armed Forces exchange services as
qualified rebate aggregators. (10 minutes)
4. Burgess (TX): Would strike the public information
campaign (section 109) from the bill and strike the campaign's
$12 million authorization. (10 minutes)
5. Deutch (FL): Would require the Secretary to ensure that
a home in a disaster area is not denied assistance under the
Home Star program solely because there is no equipment or
system to replace due to the disaster. (10 minutes)
6. Flake, Jeff (AZ): Would prohibit any of the funds
authorized in the bill from being used for a Congressional
earmark. (10 minutes)
7. Garrett (NJ): Would require a GAO study of how much
money and energy has been saved by American consumers as a
result of the increased energy efficiency measures undertaken
in title I of the bill (the Silver Star and Gold Star
programs), and whether the savings are greater than the cost of
the implementation of title I of the bill. (10 minutes)
8. Bachmann (MN): Would require the Department of Energy's
Inspector General to submit a report to Congress identifying
incidents of waste, fraud and abuse associated with the
programs created by the bill. Would require the report to
include recommendations to prevent additional waste, fraud and
abuse. (10 minutes)
TEXT OF AMENDMENTS TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative Waxman of California or
His Designee, Debatable for 20 Minutes
Page 3, lines 12 through 14, strike ``under other standards
approved by the Secretary, in consultation with the
Administrator'' and insert ``under other standards that the
Secretary shall approve or deny not later than 30 days after
submittal, in consultation with the Administrator''.
Page 4, lines 21 through 23, strike ``other standards
approved by the Secretary, in consultation with the Secretary
of Labor and the Administrator'' and insert ``other standards
that the Secretary shall approve or deny not later than 30 days
after submittal, in consultation with the Secretary of Labor
and the Administrator''.
Page 5, line 8, insert ``or wholesale'' after ``retail''.
Page 6, line 6, strike ``111'' and insert ``110''.
Page 8, lines 11 through 13, strike ``any other entity
designated for such purpose by the Secretary, in consultation
with the Administrator'' and insert ``any other entity that is
accredited under standards that the Secretary shall approve or
deny not later than 30 days after submittal, in consultation
with the Administrator''.
Page 10, lines 5 through 9, amend subparagraph (A) to read as
follows:
(A) establish a Federal Rebate Processing
System which shall serve as a database and
information technology system to allow--
(i) rebate aggregators to submit
claims for reimbursement using standard
data protocols;
(ii) quality assurance reports to be
identified with the work for which
rebates are claimed; and
(iii) any Home Star loans to be
linked to the work for which they are
made;
Page 10, line 15, strike ``and''.
Page 10, line 16, redesignate subparagraph (C) as
subparagraph (D).
Page 10, after line 15, insert the following new
subparagraph:
(C) establish a means by which a State may
obtain confidential access to records of work
performed in that State from the database; and
Page 11, lines 1 through 3, strike ``executes a Home'' and
all that follows through ``affirming'' and insert ``affirms, in
each Home Star rebate application submitted to a rebate
aggregator,''.
Page 12, lines 8 and 12, redesignate paragraphs (6) and (7)
as paragraphs (7) and (8), respectively.
Page 12, after line 7, insert the following new paragraph:
(6) agreeing to cooperate with and comply with the
requirements of the quality assurance provider assigned
to inspect any work done, subject to any appeals or
dispute resolution process described in section
105(b)(4);
Page 12, line 16, strike ``112'' and insert ``111''.
Page 13, strike lines 1 through 3, and insert ``the Secretary
may appoint and set basic rates of pay for such professional
and administrative personnel as the Secretary considers
necessary to carry out this title. Such authority shall not
apply to positions in the Senior Executive Service. The number
of personnel appointed under this paragraph shall not exceed 30
full-time equivalent employees. The terms of appointment of all
personnel appointed under this paragraph shall expire upon the
termination of the programs established under this title.''.
Page 13, lines 4 through 8, amend paragraph (2) to read as
follows:
(2) Rate of pay.--The basic rate of pay for a person
appointed under paragraph (1) shall not exceed the
maximum rate of basic pay payable for GS-15 of the
General Schedule under section 5332 of title 5, United
States Code.
Page 13, lines 9 through 21, strike paragraphs (3) and (4)
(and redesignate the subsequent paragraphs accordingly).
Page 16, strike lines 8 through 10 and insert the following:
(5) Effective period.--(A) Paragraph (1) shall be
effective only until December 31, 2010, except with
respect to personnel appointed to support the quality
assurance and enforcement of the programs established
under this title, for which appointments may be made
under paragraph (1) until the termination of the
programs established under this title pursuant to
section 111(i).
(B) Paragraphs (3) and (4) shall be effective only
until the date that is 2 years after the date of
enactment of this Act, except with respect to
regulations and information collection relating to the
quality assurance and enforcement of the programs
established under this title.
Page 18, lines 1, 3, 6, and 11, strike ``section 105'' and
insert ``section 105 or 110''.
Page 18, line 17, insert ``unless the energy savings measures
installed pursuant to section 103 are excluded from the
calculations performed for purposes of section 104 and the
total amount of rebates paid for the home does not exceed the
maximum rebate available pursuant to section 104'' after ``the
same home''.
Page 19, line 7, strike ``section'' and insert ``title''.
Page 21, after line 10, insert the following new subsections:
(o) Information Hotlines.--
(1) Contractors.--The Secretary shall establish and
publicize a telephone hotline for contractors to call
to obtain information about the programs under this
Act.
(2) Homeowners.--The Secretary shall establish and
publicize a telephone hotline for homeowners to call to
obtain information about the programs under this Act.
(p) Online Chat Function.--The Secretary shall determine the
feasibility and effectiveness of establishing an online chat
function through the website established for the Home Star
Retrofit Rebate Program, and may establish such a function as
appropriate.
Page 21, line 20, insert ``, in one or more particular
States,'' after ``any rebate aggregator''.
Page 21, line 21, insert ``The Secretary shall consult with
States operating existing residential energy efficiency and
retrofit programs on how best to coordinate the Home Star
Retrofit Rebate Program with such existing programs, including
the designation of rebate aggregators.'' after ``competent
manner.''.
Page 21, line 22, strike ``30 days'' and insert ``60 days''.
Page 21, strike lines 24 and 25, and insert ``a sufficient
number of rebate aggregators in each State to ensure that
rebate applications can be accepted from all qualified
contractors.''.
Page 22, line 10, insert ``not later than 10 days after
receipt of a complete rebate application,'' after ``(3)''.
Page 22, line 14, strike ``30'' and insert ``10''.
Page 23, line 22 strike ``and''.
Page 23, line 25, strike ``would not disrupt'' and insert
``would facilitate coordination with, and not disrupt,''.
Page 24, line 3, insert ``and'' after the semicolon.
Page 24, after line 3, insert the following new clause:
(iv) whose operational facilities,
employees, electronic recordkeeping
hardware and facilities, and
conventional records used to carry out
the responsibilities of a rebate
aggregator are located wholly within
the United States, to the extent
consistent with the international
obligations of the United States.
Page 25, line 18, insert ``and to the availability of funding
pursuant to section 111'' after ``subsection (d)(4)''.
Page 26, line 9, strike ``polyurethane'' and insert
``insulating''.
Page 26, line 25, insert ``, except that a State, with the
approval of the Secretary, may designate climate zone
subregions as a function of varying elevation'' after
``structural capacity''.
Page 27, line 6, strike ``seal or replacement'' and insert
``sealing or replacement and sealing''.
Page 27, line 10, strike ``, replaces'' and insert ``and
sealing, replaces and seals''.
Page 27, line 17, insert ``or adds at least R-10 of
continuous insulation'' after ``thickness''.
Page 28, lines 10 through 21 amend paragraph (6) to read as
follows:
(6) Window replacement that replaces at least 8
exterior windows, or 75 percent of the exterior windows
in a home, whichever is less, with windows that--
(A) are certified by the National
Fenestration Rating Council; and
(B) comply with criteria applicable to
windows under section 25(c) of the Internal
Revenue Code of 1986 or, in areas above 5,000
feet elevation, have a U-factor of at least
0.35 when replacing windows that are single-
glazed or double-glazed with an internal air
space of \1/4\ inch or less.
Page 28, lines 22 through 24, amend paragraph (7) to read as
follows:
(7) Door or skylight replacement that replaces at
least 1 exterior door or skylight with doors or
skylights that comply with the 2010 Energy Star
specification for doors or skylights.
Page 29, lines 1 through 3, amend clause (i) to read as
follows:
(i) a natural gas or propane furnace with a
furnace that has--
(I) an AFUE rating of 92 or greater;
or
(II) an AFUE rating of 95 or greater;
Page 29, line 12, through page 30, line 17, amend clause (v)
to read as follows:
(v) a wood or pellet furnace, boiler,
or stove, if--
(I) the new system--
(aa) meets at least
75 percent of the
heating demands of the
home; and
(bb) in the case of a
wood stove, but not a
pellet stove, replaces
an existing wood stove,
but not a pellet stove,
and is certified by the
Administrator;
(II) the home has a
distribution system (such as
ducts, vents, blowers, or
affixed fans) that allows heat
to reach all or most parts of
the home;
(III) in the case where an
old wood stove is being
replaced, a voucher is provided
by the installer or other
responsible party certifying
that the old wood stove has
been removed and rendered
inoperable or recycled at an
appropriate recycling facility;
and
(IV) an accredited
independent laboratory
recognized by the Administrator
certifies that the new system--
(aa) has thermal
efficiency (lower
heating value) of at
least 75 percent for
wood and pellet stoves,
and at least 80 percent
for furnaces and
boilers; and
(bb) has particulate
emissions of less than
3.0 grams per hour for
stoves, and less than
0.32 lbs/mmBTU for
outdoor furnaces and
boilers.
Page 30, line 23, strike ``Air'' and insert ``Air-source
air''.
Page 31, lines 4 and 5, amend clause (i) to read as follows:
(i) in the case of an air-source air
conditioner--
(I) SEER 16 and EER 13; or
(II) SEER 18 and EER 15; and
Page 31, line 18, strike ``or a'' and insert ``, or a natural
gas or propane storage or tankless water heater with''.
Page 32, lines 9 through 11, amend subparagraph (F) to read
as follows:
(F) an electric tankless water heater with an
energy factor or thermal efficiency, as
applicable, of .96 or more or a thermal
efficiency of 96 percent or more, that operates
on not greater than 25 kilowatts;
Page 32, lines 17 through 21, amend subparagraph (H) to read
as follows:
(H) a water heater installed in conjunction
with a qualifying geothermal heat pump
described in paragraph (10) that provides
domestic water heating through the use of--
(i) a desuperheater; or
(ii) year-round demand water heating
capability.
Page 32, line 22, insert ``or doors'' after ``Storm
windows''.
Page 32, lines 23 through 25, strike ``single-glazed windows
that do not have storm windows;'' and insert ``doors or
existing single-glazed windows; and''.
Page 33, lines 1 through 3, strike subparagraph (B).
Page 33, line 4, redesignate subparagraph (C) as subparagraph
(B).
Page 33, line 5, insert ``or doors'' after ``storm windows''.
Page 33, line 10, strike ``less'' and insert ``more''.
Page 33, line 16, insert ``for installations'' after ``at
least 1.1''.
Page 34, line 18, strike ``and''.
Page 34, line 20, strike the period and insert ``; and''.
Page 34, after line 20, insert the following new
subparagraph:
(C) an air-source air conditioner described
in subsection (b)(9)(B)(i)(II).
Page 35, line 1, insert ``and per skylight'' after ``per
door''.
Page 35, line 2, insert ``and 2 Energy Star skylights'' after
``Energy Star doors''.
Page 35, line 4, strike ``$250'' and insert ``$400''.
Page 35, lines 7 through 15, redesignate subparagraphs (C)
through (F) as subparagraphs (D) through (G), respectively.
Page 35, after line 6, insert the following new subparagraph:
(C) $750 for a water heater described in
subsection (b)(11)(B);
Page 35, line 9, insert ``or door'' after ``each storm
window''.
Page 35, line 11, insert ``or doors'' after ``storm
windows''.
Page 35, line 14, strike ``and''.
Page 35, line 16, strike the period and insert a semicolon.
Page 35, after line 16, insert the following new
subparagraphs:
(H) $750 for heating system replacement
described in subsection (b)(8)(A)(i)(I);
(I) $500 for a wood or pellet stove that has
a heating capacity of at least 28,000 Btu per
hour and meets all of the requirements of
subsection (b)(8)(A)(v), except for the
requirements of subclause (I)(aa) and subclause
(II); and
(J) $500 for a for a desuperheater as
described in subsection (b)(11)(H)(i).
Page 38, line 4, strike ``A'' and insert ``Not later than 1
year after the completion of a project for which rebates are
sought, a''.
Page 38, line 7, strike ``quality assurance requirements of
this title has'' and insert ``required specifications for each
measure or standards for installation have''.
Page 39, line 23, insert ``as of the date of enactment of
this Act'' after ``qualify''.
Page 39, line 25 through page 40, line 1, strike ``, but
with'' and all that follows through ``has been made''.
Page 40, line 4, strike ``polyurethane'' and insert
``insulating''.
Page 42, line 5, insert ``and the availability of funds
pursuant to section 111'' after ``subsection (b)''.
Page 42, line 19, insert ``energy-efficient wood products,
insulated vinyl siding,'' after ``temperature controllers,''.
Page 45, line 2, strike ``metered'' and insert ``verified''.
Page 46, line 3, strike ``conducted in'' and insert ``and
energy savings projections conducted with respect to''.
Page 47, line 12, strike ``A'' and insert ``Not later than 1
year after completion of a project for which rebates are
sought, a''.
Page 48, lines 10 through 19, amend subparagraph (A) to read
as follows:
(A) If a field verification by an independent
quality assurance provider finds that
corrective work is needed, the accredited
contractor will correct the work so the
installed measures comply with manufacturer and
applicable code standards, and reasonably
determined energy savings projections indicate
compliance with the specifications and quality
standards under this title. Such compliance
shall be achieved not later than 14 days after
the date of notification of a defect pursuant
to a warranty, provided at no additional cost
to the homeowner.
Page 50, after line 3, insert the following new subsection:
(g) Accreditation Scholarships.--The Secretary may provide up
to 0.3 percent of the funding available for carrying out this
section for need-based scholarships to individuals to enable
them to qualify as accredited contractors. In providing such
scholarships, the Secretary shall factor in the number of
accredited contractors in the State and their proportion to the
State's population.
Page 52, line 5, strike ``minority and'' and insert
``minority, veteran, and''.
Page 53, after line 2, insert the following new subparagraph:
(F) to the extent practicable, a plan to
incorporate existing clean energy and energy
efficiency coursework, worker training
programs, and worker certification programs at
community colleges;
Page 53, line 3, strike ``(F)'' and insert ``(G)''.
Page 53, line 7, strike ``(G)'' and insert ``(H)''.
Page 53, line 16, strike ``112'' and insert ``111''.
Page 55, after line 8, insert the following new paragraph:
(4) Appeals and dispute resolution process.--A
quality assurance program established under this
subsection shall include an expedited and final appeals
and dispute resolution process.
Page 57, lines 3 through 14, strike section 107 (and
redesignate the subsequent sections accordingly).
Page 58, line 7, insert ``(a) In General.--'' before ``Not
later than''.
Page 58, line 11, strike ``and''.
Page 58, line 16, strike the period and insert a semicolon.
Page 58, after line 16, insert the following:
(3) the benefits of the programs under this title for
senior citizens; and
(4) financing options as needed to inform consumers
and qualified financing entities of the details of the
Home Star Energy Efficiency Loan Program under section
110.
The public education campaign shall not include any
distribution of gift or promotional items without direct
educational value.
(b) Veterans.--The Administrator shall coordinate with the
Secretary of Veterans Affairs on how to implement an outreach
strategy to veterans and veteran service organizations about
retrofit rebate programs.
Page 60, line 2, strike ``subsection (e)(1)'' and insert
``subsection (d)(1)''.
Page 60, line 8, strike ``and''.
Page 60, line 14, strike the period and insert ``; and''.
Page 60, after line 14, insert the following new
subparagraph:
(C) limited to financing the homeowners'
portion of a Silver Star or Gold Star project
undertaken pursuant to this title.
Page 60, line 17, insert ``, subject to the availability of
funding pursuant to section 111,'' after ``the Secretary''.
Page 61, line 22, strike ``and''.
Page 62, line 4, strike the period and insert ``; and''.
Page 62, after line 4, insert the following new paragraph:
(5) undertake particular efforts to make such loans
available to senior citizens living in older homes or
living on fixed incomes.
Page 62, lines 5 through 16, strike subsection (d) (and
redesignate the subsequent subsections accordingly).
Page 63, lines 22 and 23, strike ``manner, all information
regarding'' and insert ``manner--
(A) to the rebate aggregator all information
regarding each loan made with respect to a
project for which the rebate aggregator
accepted a rebate application; and
(B) information concerning''.
Page 64, line 4, insert ``solely'' after ``may be used''.
Page 64, line 6, strike ``to eligible participants,
including'' and insert ``. The support for qualified loan
program financing mechanisms may include''.
Page 64, line 10, insert ``or'' after the semicolon.
Page 64, line 12, strike ``; or'' and insert a period.
Page 64, lines 13 through 18, strike paragraph (4).
Page 64, line 20, strike ``subsection (f)(3)'' and insert
``subsection (e)(3)''.
Page 64, line 25, insert ``Any money that is repaid under a
Gold Star or Silver Star loan into a State a revolving loan
fund after a date 2 years from the date of enactment of this
title may be retained by that State and utilized for purposes
of providing additional loans for home energy retrofit purposes
or to support a State home energy efficiency retrofit program.
In the event that the Secretary is carrying out the Home Star
Energy Efficiency Loan program in lieu of a State program, such
repayments shall be returned to the Treasury.'' after ``with
this section.''.
Page 65, line 19, strike ``Subject to subsection (j), there''
and insert ``There''.
Page 66, line 8 through page 68, line 2, strike paragraphs
(1) through (3) and insert the following:
(1) Distribution to states.--
(A) In general.--Except as otherwise provided
in this subsection, of the amount provided
under subsection (a), 3.6 percent is authorized
to be appropriated to the Secretary for
providing grants to States, to be used for--
(i) administrative costs of carrying
out this title;
(ii) development and implementation
of quality assurance frameworks;
(iii) oversight of quality assurance
programs;
(iv) establishment and delivery of
financing mechanisms, in accordance
with paragraph (2); and
(v) coordination with existing
residential retrofit programs and
infrastructure development to assist
deployment of the Home Star Retrofit
Rebate Program.
(B) Distribution.--
(i) Provision of funds.--Not later
than 30 days after the date of
enactment of this Act, the Secretary
shall provide to the State energy
offices, or such other State entities
as are designated by the Governor, of
States that are carrying out
responsibilities under section 105, 25
percent of the funds described in
subparagraph (A).
(ii) Allocation.--Funds described in
clause (i) shall be made available 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.).
(iii) Fund allocation process.--The
Secretary shall allocate the remaining
75 percent of the funds described in
clause (i) in a manner that may vary
from the formula described in clause
(ii) as necessary to best support the
objectives of achieving energy
efficiency gains, employment of
underemployed workers, and implementing
quality assurance programs and
frameworks in participating States.
(2) Financing.--
(A) In general.--Except as otherwise provided
in this subsection, of the amount provided
under subsection (a), 5.4 percent is authorized
to be appropriated to the Secretary for
carrying out section 110.
(B) Distribution.--
(i) Provision of funds.--Not later
than 90 days after the date of
enactment of this Act, the Secretary
shall provide to the State energy
offices, or such other State entities
as are designated by the Governor, of
States that are carrying out
responsibilities under section 105, 75
percent of the funds described in
subparagraph (A).
(ii) Allocation.--Funds described in
clause (i) shall be made available 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.).
(iii) Fund allocation process.--The
Secretary shall allocate the remaining
25 percent of the funds described in
clause (i) in a manner that may vary
from the formula described in clause
(ii) and reward those States that make
the best progress in providing loans to
low-income areas pursuant to section
110(c)(4).
Page 68, lines 3 and 9, redesignate paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
Page 68, line 23, insert ``and Rebate Aggregation'' after
``Quality Assurance''.
Page 69, line 4, strike ``subsection (b)(3)(B)'' and insert
``subsection (b)(1)(B)(ii)''.
Page 69, line 5, insert ``and rebate aggregators'' after
``assurance providers''.
Page 71, line 1, strike ``(b), (d)'' and insert ``(b), (c),
(d)''.
Page 71, line 13, strike ``(b), (d)'' and insert ``(b), (c),
(d)''.
Page 72, after line 6, insert the following new paragraph:
(3) Home star energy efficiency loan program.--If a
State, or the Secretary acting in lieu of a State
program, has not disbursed or provided in the form of
loans all the funds available for such loans under the
Home Star Energy Efficiency Loan Program by the date
that is 2 years after the date of enactment of this
title, any undisbursed funds shall be returned to the
Treasury.
Page 72, line 8, strike ``107, 110, and 111'' and insert
``109 and 110''.
Page 72, after line 13, insert the following new section:
SEC. 113. NOISE ABATEMENT STUDY.
Not later than 1 year after the date of enactment of this
Act, the Secretary, in consultation with the Secretary of
Health and Human Services, 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 study of
the effects of the energy savings measures made as a result of
this Act on noise abatement.
Page 72, line 15, insert ``AND MODULAR'' after
``MANUFACTURED''.
Page 72, line 16, insert ``and modular'' after
``manufactured''.
Page 73, after line 3, insert the following new paragraphs:
(3) Modular home.--The term ``modular home'' means a
structure that is--
(A) designed and manufactured to comply with
applicable national, State, and local building
codes and regulations;
(B) transportable in one or more sections;
(C) not constructed on a permanent chassis;
and
(D) designed to be used as a dwelling on
permanent foundations when connected to
required utilities, including the plumbing,
heating, air conditioning, and electrical
systems contained therein.
(4) Energy star qualified modular home.--The term
``Energy Star qualified modular home'' means a modular
home that has been designed, produced, and installed in
accordance with Energy Star's guidelines.
Page 73, line 8, insert ``or new Energy Star qualified
modular homes'' after ``manufactured homes''.
Page 73, line 18, insert ``or new Energy Star qualified
modular homes'' after ``manufactured homes''.
Page 74, line 18, insert ``or Energy Star qualified modular
home'' after ``manufactured home''.
Page 75, line 13, insert ``or new Energy Star qualified
modular home'' after ``manufactured home''.
Page 75, line 18, insert ``or modular home'' after
``manufactured home''.
Page 76, lines 3 though 21, amend paragraph (6) to read as
follows:
(6) State programs.--A State agency conducting a
program that has the purpose of replacing manufactured
homes constructed prior to 1976 with Energy Star
qualified manufactured homes or Energy Star qualified
modular homes may use funds provided under this section
to support such a program, provided such funding does
not exceed the funding limitation amount under
paragraph (4).
----------
2. An Amendment To Be Offered by Representative Barton of Texas or His
Designee, Debatable for 10 Minutes
Page 64, lines 19 through 25, strike subsection (g) (and
redesignate the subsequent subsection accordingly).
----------
3. An Amendment To Be Offered by Representative Nye of Virginia or His
Designee, Debatable for 10 Minutes
Page 23, lines 13 and 16, redesignate subparagraphs (D) and
(E) as subparagraphs (E) and (F), respectively.
Page 23, after line 12, insert the following new
subparagraph:
(D) an Armed Forces exchange service in the
United States that offers for sale energy
savings measures described in section 103;
----------
4. An Amendment To Be Offered by Representative Burgess of Texas or His
Designee, Debatable for 10 Minutes
Page 6, line 6, strike ``111'' and insert ``110''.
Page 12, line 16, strike ``112'' and insert ``111''.
Page 53, line 16, strike ``112'' and insert ``111''.
Page 58, lines 6 through 16, strike section 109 (and
redesignate the subsequent sections accordingly).
Page 65, line 19, strike ``subsection (j)'' and insert
``subsection (i)''.
Page 67, line 3, strike ``111'' and insert ``110''.
Page 70, lines 17 through 21, strike subsection (e) (and
redesignate the subsequent subsections accordingly).
Page 71, line 1, strike ``subsections (b), (d), and (e)'' and
insert ``subsections (b) and (d)''.
Page 71, lines 13 and 14, strike ``subsections (b), (d), and
(e)'' and insert ``subsections (b) and (d)''.
Page 72, line 8, strike ``, 110, and 111'' and insert ``and
110''.
----------
5. An Amendment To Be Offered by Representative Deutch of Florida or
His Designee, Debatable for 10 Minutes
Page 21, after line 10, insert the following new subsection:
(o) Disaster Areas.--The Secretary shall ensure that a home
in an area declared affected by a major disaster declared by
the President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)
is not denied assistance under the Home Star Retrofit Rebate
Program solely because there is no equipment or system to
replace due to the disaster.
----------
6. An Amendment To Be Offered By Representative Flake of Arizona or His
Designee, Debatable for 10 Minutes
Page 65, line 19, strike ``subsection (j)'' and insert
``subsections (i) and (j)''.
Page 72, after line 13, insert the following new subsection:
(j) Prohibition on Earmarks.--None of the funds appropriated
pursuant to this section may be used for a Congressional
earmark as defined in clause 9(e) of rule XXI of the Rules of
the House of Representatives.
Page 78, after line 4, insert the following new paragraph:
(3) Prohibition on earmarks.--None of the funds
appropriated pursuant to this subsection may be used
for a Congressional earmark as defined in clause 9(e)
of rule XXI of the Rules of the House of
Representatives.
----------
7. An Amendment To Be Offered by Representative Garrett of New Jersey
or His Designee, Debatable for 10 Minutes
Page 57, after line 2, insert the following new subsection:
(d) Comptroller General Study.--Not later than 2 years after
the date of enactment of this Act, the Comptroller General
shall submit to Congress a report on the results of a study
of--
(1) how much money can reasonably be estimated to be
saved by American consumers as a result of the energy
efficiency measures undertaken pursuant to this title;
(2) how much energy can reasonably be estimated to be
saved as a result of the energy efficiency measures
undertaken pursuant to this title: and
(3) whether the savings from the energy efficiency
measures undertaken pursuant to this title are greater
than the cost of the implementation of this title.
----------
8. An Amendment To Be Offered by Representative Bachmann of Minnesota
or Her Designee, Debatable for 10 Minutes
At the end of the bill, add the following new title:
TITLE III--WASTE, FRAUD, AND ABUSE
SEC. 301. REPORT.
The Department of Energy's Inspector General shall submit a
report to Congress measuring the amount of waste, fraud, and
abuse occurring in programs created by this Act, which shall
include recommendations to prevent additional waste, fraud, and
abuse. This report shall be submitted before July 1, 2012.
<all>