,i #aacth ,,congress #ast ,session ,h4 ,r4 #babh ,,in ,,the ,,house ,,of ,,representatives ,may #bc1 #bjac ,mr4 ,mc,kinley 7for himself and ,mr4 ,welch7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide for the establishment of a ,home ,energy ,savings ,retrofit ,rebate ,program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,home ,owner ,managing ,energy ,savings ,act of #bjac or the ,,homes ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,,bpi ,the term ,,bpi means the ,building ,performance ,institute4 7#b7 ,electric utility ,the term electric utility means any company1 person1 cooperative1 ,state1 or ,indian tribe agency that delivers or sells electric energy at retail1 including nonregulated utilities1 utilities that are subject to ,state or ,indian tribe rate regulation1 and ,federal power marketing administrations4 7#c7 ,federal rebate processing system ,the term ,federal ,rebate ,processing ,system means the ,federal ,rebate ,processing ,system established under section #c7;b74 7#d7 ,home ,the term home means a residential dwelling unit in a building with no more than #d dwelling units that-- 7,a7 is located in the ,united ,states2 7,b7 was constructed before the date of enactment of this ,act2 and 7,c7 is occupied at least #f months out of each of the #b years immediately preceding the application for a rebate under this ,act4 7#e7 ,home energy savings retrofit rebate program ,the term ,home ,energy ,savings ,retrofit ,rebate ,program means the ,home ,energy ,savings ,retrofit ,rebate ,program established under section #c7;a74 7#f7 ,homeowner ,the term homeowner means the owner of an owner-occupied home or a tenant-occupied home4 7#g7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#h7 ,natural gas utility ,the term natural gas utility means any company1 person1 cooperative1 ,state or local governmental agency or instrumentality1 or ,indian tribe that transports1 distributes1 or sells natural gas at retail4 7#i7 ,qualified contractor ,the term qualified contractor means a residential energy efficiency contractor that meets minimum applicable requirements established under section #d4 7#aj7 ,qualified home energy efficiency retrofit ,the term qualified home energy efficiency retrofit means a retrofit described in section #h7;d74 7#aa7 ,quality assurance program ,the term quality assurance program means a program established under this ,act1 or recognized by the ,secretary under this ,act1 to oversee the delivery of home efficiency retrofit programs to ensure that work is performed in accordance with standards and criteria established under this ,act4 ,delivery of retrofit programs includes delivery of quality assurance reviews of rebate applications and field inspections4 7#ab7 ,quality assurance provider ,the term quality assurance provider means any entity that meets the minimum applicable requirements established under section #f7;b74 7#ac7 ,rebate aggregator ,the term rebate aggregator means an entity that meets the requirements of section #e4 7#ad7 ,resnet ,the term ,,resnet means the ,residential ,energy ,services ,network1 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 home4 7#ae7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#af7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 7,g7 the ,united ,states ,virgin ,islands2 and 7,h7 any other territory or possession of the ,united ,states4 #c4 ,home ,energy ,savings ,retrofit ,rebate ,program 7a7 ,in general ,the ,secretary shall establish the ,home ,energy ,savings ,retrofit ,rebate ,program4 7b7 ,federal rebate processing system 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of the ,treasury1 shall-- 7,a7 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 protocols2 7,b7 establish a national retrofit ,web site that provides information on the ,home ,energy ,savings ,retrofit ,rebate ,program1 including-- 7i7 how to determine whether particular efficiency measures are eligible for rebates2 and 7ii7 how to participate in the program2 and 7,c7 make available model forms for demonstrating compliance with all applicable requirements of this ,act1 which shall be required to be submitted by-- 7i7 each qualified contractor on completion of an eligible home energy retrofit2 and 7ii7 each quality assurance provider on completion of field verification4 7#b7 ,model forms ,in carrying out paragraph 7#a77;,c71 the ,secretary shall consider the model forms developed by the ,national ,home ,performance ,council1 ,inc4 ,if the ,secretary does not adopt these forms1 the ,secretary shall convene a group of stakeholders that are directly and materially affected by the ,program to develop the final forms4 #d4 ,contractors 7a7 ,contractor qualifications ,a contractor may perform retrofit work under the ,home ,energy ,savings ,retrofit ,rebate ,program in a ,state if the contractor-- 7#a7 meets all applicable contractor licensing requirements established by the ,state2 7#b7 is-- 7,a7 accredited by-- 7i7 ,,bpi as an ,accredited ,contractor2 7ii7 ,,resnet as an ,energy ,smart ,home ,performance ,team2 7iii7 the ,air ,conditioning ,contractors of ,america as a ,,qa ,home ,performance ,contractor2 7iv7 a ,state-based certification program established to carry out ,state energy1 clean air1 or environmental programs2 or 7v7 an equivalent certification program approved by the ,secretary for this purpose2 or 7,b7 the general contractor1 that-- 7i7 subjects the energy efficiency retrofit to a review and quality assurance inspection by a third party approved by the ,department of ,energy for performing quality assurance inspections2 and 7ii7 employs1 or otherwise utilizes subcontractors who employ1 individuals to complete individual or comprehensive scopes of work related to the energy efficiency retrofit who are certified by-- 7,i7 ,,bpi2 7,,ii7 ,,resnet2 7,,iii7 ,north ,american ,technical ,excellence2 7,,iv7 the ,air ,conditioning ,contractors of ,america2 7,v7 the ,laborers ,international ,union of ,north ,america2 7,,vi7 a regional or ,state ,department of ,energy ,weatherization ,training ,center2 or 7,,vii7 other contractor or worker certification programs approved by the ,secretary2 7#c7 holds insurance coverage of at least #a1jjj1jjj for general liability1 and for such other purposes and in such other amounts as required by the ,state2 and 7#d7 provides warranties to the homeowner that completed work will-- 7,a7 be free of significant defects2 7,b7 be installed in accordance with the specifications of the manufacturer1 and all applicable ,state and local codes2 and 7,c7 perform properly for a period of at least #a year after the date of completion of the work4 7b7 ,agreement between contractor and homeowner ,a contractor who performs retrofit work under the ,home ,energy ,savings ,retrofit ,rebate ,program must sign a written or electronic contract with the homeowner that includes-- 7#a7 an agreement to not increase the cost of the home improvement as a result of the rebates received under this ,act with respect to physical improvements made to the home2 7#b7 if the contractor and homeowner choose the transferable rebate option authorized under section #g1 an agreement to provide the homeowner1 before a contract is executed between the contractor and the homeowner covering the eligible work1 a notice of the rebate amount the contractor intends to apply for with respect to eligible work under this ,act2 and 7#c7 an acknowledgement that the homeowner-- 7,a7 has reviewed the national retrofit ,web site for the program2 7,b7 understands the scope of work intended to be completed and that such work may be eligible for a rebate under the program2 and 7,c7 understands that the rebate funds are fully subject to availability from the ,department or ,rebate ,aggregator and not within the control of the contractor4 #e4 ,rebate aggregators 7a7 ,in general ,the ,secretary shall develop a network of rebate aggregators or a national rebate aggregator that can facilitate the delivery of rebates to participating homeowners or contractors by-- 7#a7 reviewing the proposed rebate application for completeness and accuracy2 7#b7 reviewing measures for eligibility in accordance with this ,act2 7#c7 providing data to the ,federal ,rebate ,processing ,system consistent with data protocols established by the ,secretary2 and 7#d7 as soon as practicable but not later than #cj days after the date of receipt1 distributing funds received from the ,department of ,energy to homeowners or contractors4 7b7 ,eligibility ,to be eligible to apply to the ,secretary for approval as a rebate aggregator1 an entity shall be-- 7#a7 a ,home ,performance with ,energy ,star program sponsor2 7#b7 an entity administering a residential or building energy efficiency retrofit program1 solar program1 or other such program impacting energy efficiency in homes established or approved by a ,state or local government2 7#c7 a ,federal power marketing administration1 an electric utility1 or a natural gas utility that has-- 7,a7 a residential energy efficiency retrofit program2 and 7,b7 a quality assurance provider or provider network2 or 7#d7 an entity that demonstrates to the ,secretary that the entity can perform the functions of a rebate aggregator1 without disrupting existing residential retrofits in the ,states that are incorporating the ,home ,energy ,savings ,retrofit ,rebate ,program1 including demonstration of-- 7,a7 the capability to provide electronic data to the ,federal ,rebate ,processing ,system2 7,b7 a financial system that is capable of tracking the distribution of rebates to participating contractors2 and 7,c7 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 ,program4 7c7 ,public utility commission efficiency targets ,the ,secretary shall-- 7#a7 develop guidelines for ,states and local governments to use to allow utilities participating as rebate aggregators to count the energy savings from the participation of the utilities toward ,state and local level energy savings targets2 and 7#b7 work with ,states and local governments to assist in the adoption of those guidelines for the purposes and duration of the ,home ,energy ,savings ,retrofit ,rebate ,program4 #f4 ,quality assurance providers 7a7 ,qualifications ,an entity shall be considered a quality assurance provider under this ,act only if the entity is qualified through-- 7#a7 the ,,bpi2 7#b7 ,,resnet2 or 7#c7 any other entity designated by the ,secretary such as a ,state or local government or a residential energy efficiency retrofit program approved by a ,state or local government4 7b7 ,functions ,a quality assurance provider shall-- 7#a7 be independent of the contractor2 7#b7 confirm that contractors or installers of home energy efficiency retrofits meet the qualification requirements of this ,act2 and 7#c7 perform field inspections to confirm the compliance of the retrofit work and the simulated energy savings under the ,home ,energy ,savings ,retrofit ,rebate ,program4 #g4 ,transferability of home energy savings rebate ,a homeowner may transfer the rebate provided under the ,home ,energy ,savings ,retrofit ,rebate ,program to the contractor performing the retrofit work if the contractor completes a form that accompanies the rebate form developed under section #c7;b74 ,this form1 to be made publically available by the ,secretary #ij days after the date of enactment of this ,act1 must be approved by paper signature or electronically by the homeowner and include-- 7#a7 the amount of the rebate the contractor will submit for disbursement to the contractor2 7#b7 the level of energy use reduction of the home retrofit certified under section #h7;e77#d71 and assurance that the contractor will provide the certificate to the homeowner within #cj days of receipt from the ,department of ,energy2 7#c7 a documentation report of the retrofit performed and paid by the homeowner2 and 7#d7 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 contractor4 #h4 ,home ,energy ,savings ,retrofit ,rebate ,program 7a7 ,in general ,if a qualified home energy efficiency retrofit of a home is carried out after ,january #a1 #bjad1 by a qualified contractor in accordance with this section1 rebates shall be awarded for retrofits that achieve home energy savings in accordance with this ,act4 7b7 ,amount of rebates 7#a7 ,in general ,subject to subsection 7e71 the amount of a rebate provided to the owner of a home or a designee of the owner under this section shall be-- 7,a7 #b1jjj for a #bj-bd percent reduction in home energy use2 7,b7 #c1jjj for a #be-bi percent reduction in home energy use2 7,c7 #d1jjj for a #cj-cd percent reduction in home energy use2 7,d7 #e1jjj for a #ce-ci percent reduction in home energy use2 7,e7 #f1jjj for a #dj-dd percent reduction in home energy use2 7,f7 #g1jjj for a #de-di percent reduction in home energy use2 and 7,g7 #h1jjj for a #ej percent or more reduction in home energy use4 7#b7 ,rebate payment 7,a7 ,in general ,the rebate shall be paid1 based on energy savings as calculated under subsection 7e71 within #fj days after-- 7i7 submission of the required rebate forms2 and 7ii7 the completion of any quality assurance assessment required under subparagraph 7,b74 7,b7 ,quality assurance assessments ,the ,secretary shall establish a schedule of required quality assurance assessments4 ,in the first year of the program1 the first #aj homes retrofit by each contractor and then #fj percent of all future homes shall be required to have a quality assurance assessment4 ,the ,secretary shall establish a cost effective schedule of required quality assurance assessments for subsequent years based on performance under the program4 7#c7 ,limitation ,in no event shall the amount of rebates under this subsection exceed-- 7,a7 #aj1jjj with respect to any individual2 or 7,b7 #ej percent of the qualified home energy efficiency expenditures paid or incurred by the homeowner under subsection 7c74 7c7 ,qualified home energy efficiency expenditures ,for purposes of this section1 the term qualified home energy efficiency expenditures-- 7#a7 means any amount paid or incurred by a homeowner for a qualified home energy efficiency retrofit1 including the cost of diagnostic procedures1 labor1 reporting1 and modeling2 and 7#b7 does not include-- 7,a7 improvements to swimming pools or hot tubs2 or 7,b7 any amount paid or incurred to purchase or install a biomass1 wood1 or wood pellet furnace1 boiler1 or stove1 unless the system-- 7i7 is designed to meet at least #gj percent of the heating demands of the home2 7ii7 in the case of woodstoves1 is certified by the ,environmental ,protection ,agency2 7iii7 in the case of a wood stove replacement1 replaces an existing wood stove with a stove that is certified by the ,environmental ,protection ,agency1 if a voucher is provided by the installer or other responsible party certifying that the old stove has been removed and made inoperable2 7iv7 in the case of a furnace or boiler1 is in a home with a distribution system 7such as piping1 ducts1 vents1 blowers1 or affixed fans7 that allows heat from the furnace or boiler to reach all or most parts of the home2 and 7v7 is certified by an independent test laboratory approved by the ,secretary as having-- 7,i7 thermal efficiency 7with a high heating value7 of at least #ge percent for stoves and #hj percent for furnaces and boilers2 7,,ii7 particulate emissions of less than #c4j grams per hour for wood stoves or pellet stoves2 and 7,,iii7 less than #j4jg lbs per million ,,btu for outdoor boilers and furnaces4 7d7 ,qualified home energy efficiency retrofit 7#a7 ,in general ,a qualified home energy efficiency retrofit is a retrofit that implements measures1 during a rebate-eligible year in the existing principal residence of the homeowner which is located in the ,united ,states1 intended to reduce the energy use of such residence4 ,a qualified home energy efficiency retrofit shall-- 7,a7 be implemented and installed by a qualified contractor2 7,b7 install a set of measures modeled to achieve a reduction in home energy use of #bj percent or more from the baseline established under subparagraph 7,c71 using computer modeling software approved under paragraph 7#b72 7,c7 establish the baseline energy use as provided in subsection 7e77#a77;,c72 7,d7 implement a test-out procedure1 following guidelines of the applicable accrediting program described in section #d7;a77#b7 7,a71 7,b71 or 7,c71 or equivalent guidelines approved by the ,secretary for this purpose1 to ensure-- 7i7 the safe operation of all systems post retrofit2 and 7ii7 that all improvements are included in1 and have been installed according to-- 7,i7 standards of the applicable accrediting program described in section #d7;a77#b7 7,a71 7,b71 or 7,c72 7,,ii7 manufacturers installation specifications2 and 7,,iii7 all applicable ,state and local codes or equivalent standards approved by the ,secretary for this purpose2 7,e7 include only measures that have an average estimated life of #e years or more as determined by the ,secretary2 7,f7 not include any amount which is paid or incurred in connection with any expansion of the square footage of the residence2 and 7,g7 not include improvements to swimming pools or hot tubs or any other expenditure specifically excluded by the ,secretary4 7#b7 ,approved modeling software ,the contractor shall use modeling software certified by ,,resnet as following the software verification test suites in section #d4b4a of ,,resnet ,publication ,no4 #ac-jja1 or under equivalent standards approved by the ,secretary for this purpose1 and shall have the ability at a minimum to assess the savings associated with all the measures for ,home ,energy ,savings ,retrofit ,rebate ,program4 7#c7 ,exception ,for purposes of paragraph 7#a77;,d77ii71 installation of gas-fired appliances shall comply with requirements of the ,national ,fuel ,gas ,code 7,,ansi ,z#bbc4a_/,,nfpa #ed7 and applicable installation requirements in lieu of performance of combustion tests outside those required by the ,national ,fuel ,gas ,code 7#bjab ,edition7 and the ,international ,fuel ,gas ,code 7#bjab ,edition74 7e7 ,energy use reduction 7#a7 ,determination of energy use reduction 7,a7 ,in general ,the reduction in energy use for any residence shall be determined by modeling the annual predicted percentage reduction in total energy consumption or costs for heating1 cooling1 hot water1 and permanent lighting4 ,it shall be modeled using computer modeling software approved under subsection 7d77#b7 and calibrated according to subparagraph 7,c7 of this paragraph4 7,b7 ,energy costs ,for the purposes of subparagraph 7,a71 the energy cost per unit of fuel for each fuel type shall be determined by dividing the total actual energy bill 7subtracting taxes and fees7 for the residence for that fuel type for the most recent available #ab-month period by the total energy units of that fuel type used over the same period4 7,c7 ,baseline energy use ,for the purposes of subparagraph 7,a71 the software model that establishes the baseline energy use and predicted energy savings shall be calibrated according to the procedures set forth in sections #c and #d of ,,ansi_/,,bpi ,standard ,,bpi-#bdjj-,s-#bjab3 ,standard ,practice for ,standardized ,qualification of ,whole-,house ,energy ,savings ,predictions by ,calibration to ,energy ,use ,history1 or an equivalent standard approved by the ,secretary for this purpose4 7#b7 ,documentation ,the percent improvement in energy consumption calculated under this section shall be documented through modeling software described in subsection 7d77#b74 7#c7 ,monitoring ,the ,secretary-- 7,a7 shall periodically evaluate the software packages used for determining rebates under this section2 7,b7 shall monitor and compare the predictions to the real energy data1 and based on the results1 create performance criteria to allow or disallow the software2 and 7,c7 may disallow the use of software programs that improperly assess energy savings4 7#d7 ,certificate of retrofit performance ,the ,secretary shall establish a system for distribution of a certificate of performance with the issuance of a rebate that certifies the predicted level of energy use reduction achieved by the retrofit4 ,the certificate will be provided to the rebate recipient4 ,if the recipient is the contractor under the terms of section #g1 the contractor shall remit the certificate to the homeowner1 to be delivered or postmarked not later than #cj days after the contractor's receipt of the certificate4 7#e7 ,exception ,the ,secretary shall not utilize the authority provided under this ,act to-- 7,a7 develop1 adopt1 or implement a public labeling system that rates and compares the energy performance of one home with another2 or 7,b7 require the public disclosure of an energy performance evaluation or rating developed for any specific home4 ,nothing in this paragraph shall preclude the computation1 collection1 or use1 by the ,secretary1 rebate aggregators1 or quality assurance providers1 or the ,states or ,indian tribes1 for the purposes of gathering information on the rating and comparison of the energy performance of homes with and without energy efficiency retrofits4 7f7 ,qualification for rebate ,on submission of a claim for a retrofit rebate by a rebate aggregator to the system established under section #e1 the ,secretary shall provide reimbursement to the rebate aggregator1 if-- 7#a7 the retrofit is a qualified home energy efficiency retrofit2 7#b7 the amount of the reimbursement is not more than the amount described in subsection 7b72 7#c7 documentation required to verify the claim is transmitted with the claim2 and 7#d7 any quality assurance assessment required under subsection 7b77#b77;,b7 has been completed4 7g7 ,homeowner complaints 7#a7 ,in general ,a homeowner may make a complaint under the quality assurance program during the #a-year warranty period that compliance with the quality assurance requirements of this section has not been achieved4 7#b7 ,verification 7,a7 ,in general ,the quality assurance program shall provide that1 on receiving a complaint under paragraph 7#a71 an independent quality assurance provider shall conduct field verification on the retrofit work performed by the contractor4 7,b7 ,administration ,a verification under this paragraph shall be corrected in accordance with subsection 7f77#d74 7h7 ,audits 7#a7 ,in general ,on making payment for a submission under this section1 the ,secretary shall review rebate requests to determine whether program requirements were met in all respects4 7#b7 ,incorrect payment ,on a determination of the ,secretary under paragraph 7#a7 that a payment was made incorrectly to a party1 the ,secretary may-- 7,a7 recoup the amount of the incorrect payment2 or 7,b7 withhold the amount of the incorrect payment from the next payment made to the party pursuant to a subsequent request4 7i7 ,incentives ,the amount of incentives that the ,secretary may provide to quality assurance providers and rebate aggregators under this ,act shall be-- 7#a7 #be for each rebate review and submission provided under the program2 7#b7 #bej for each field inspection conducted under the program2 or 7#c7 such other amounts as the ,secretary considers necessary to carry out the quality assurance provisions of this ,act4 #i4 ,grants to ,states and ,indian tribes 7a7 ,in general ,a ,state or ,indian tribe that receives a grant under subsection 7d7 shall be permitted to use the grant for-- 7#a7 administrative costs2 7#b7 oversight of quality assurance plans2 7#c7 development of a quality assurance program2 7#d7 establishment and delivery of financing pilots in accordance with this ,act2 7#e7 coordination with existing residential retrofit programs and infrastructure development to assist deployment of the ,home ,energy ,savings ,retrofit ,rebate ,program2 and 7#f7 the costs of carrying out the responsibilities of the ,state or ,indian tribe under the ,home ,energy ,savings ,retrofit ,rebate ,program4 7b7 ,initial grants ,not later than #fj days after receipt of a completed application for a grant under this section1 the ,secretary shall either make the grant or provide to the applicant an explanation for denying the grant4 7c7 ,indian tribes ,the ,secretary shall reserve an appropriate amount of funding to be made available to carry out this section for each fiscal year to make grants available to ,indian tribes under this section4 7d7 ,state allotments ,from the amounts made available to carry out this section for each fiscal year remaining after the reservation required under subsection 7c71 the ,secretary shall make grants available to ,states in accordance with section #ae4 7e7 ,quality assurance programs 7#a7 ,in general ,a ,state or ,indian tribe may use a grant made under this section to carry out a quality assurance program that is-- 7,a7 operated as part of a ,state or local government approved energy conservation plan established under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq472 7,b7 managed by the office or the designee of the office that is-- 7i7 responsible for the development of the plan under section #cfb of that ,act 7#db ,u4,s4,c4 #fcbb72 and 7ii7 to the maximum extent practicable conducting an existing energy efficiency program2 and 7,c7 in the case of a grant made to an ,indian tribe1 managed by an entity designated by the ,indian tribe to carry out a quality assurance program or a national quality assurance program manager4 7#b7 ,noncompliance ,if the ,secretary determines that a ,state or ,indian tribe has not provided or cannot provide adequate oversight over a quality assurance program to ensure compliance with this ,act1 the ,secretary may-- 7,a7 withhold further quality assurance funds from the ,state or ,indian tribe2 and 7,b7 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 ,secretary4 7f7 ,implementation ,a ,state or ,indian tribe that receives a grant under this section may implement a quality assurance program through the ,state1 the ,indian tribe1 or a third party designated by the ,state or ,indian tribe1 including-- 7#a7 an energy service company2 7#b7 an electric utility2 7#c7 a natural gas utility2 7#d7 a third-party administrator designated by the ,state or ,indian tribe2 or 7#e7 a unit of local government4 7g7 ,public-,private partnerships ,a ,state or ,indian tribe that receives a grant under this section is encouraged to form partnerships with utilities1 energy service companies1 and other entities-- 7#a7 to assist in marketing a program2 7#b7 to facilitate consumer financing2 7#c7 to assist in implementation of the ,home ,energy ,savings ,retrofit ,rebate ,program1 including installation of qualified home energy efficiency retrofits2 and 7#d7 to assist in implementing quality assurance programs4 7h7 ,coordination of rebate and existing ,state-,sponsored programs 7#a7 ,in general ,a ,state or ,indian tribe shall1 to the maximum extent practicable1 prevent duplication through coordination of a program authorized under this ,act with-- 7,a7 the ,energy ,star appliance rebates program authorized under the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e2 #abc2 ,stat4 #aae72 and 7,b7 comparable programs planned or operated by ,states1 political subdivisions1 electric and natural gas utilities1 ,federal power marketing administrations1 and ,indian tribes4 7#b7 ,existing programs ,in carrying out this subsection1 a ,state or ,indian tribe shall-- 7,a7 give priority to-- 7i7 comprehensive retrofit programs in existence on the date of enactment of this ,act1 including programs under the supervision of ,state utility regulators2 and 7ii7 using funds made available under this ,act to enhance and extend existing programs2 and 7,b7 seek to enhance and extend existing programs by coordinating with administrators of the programs4 #aj4 ,quality assurance program 7a7 ,in general ,as part of a grant application described in section #i7;b71 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 administered1 supervised1 or sponsored by the ,state or ,indian tribe4 7b7 ,implementation ,the ,state or ,indian tribe shall-- 7#a7 develop a quality assurance program in consultation with industry stakeholders1 including representatives of efficiency program managers1 contractors1 and environmental1 energy efficiency1 and labor organizations2 and 7#b7 implement the quality assurance program not later than #ahj days after receipt of a grant under section #i4 7c7 ,components ,the quality assurance program established under this section shall include-- 7#a7 maintenance of a list of qualified contractors authorized to perform such retrofit work as described in section #d2 and 7#b7 non-binding targets and realistic plans for-- 7,a7 the recruitment of small minority-owned or women-owned business enterprises2 and 7,b7 the employment of graduates of training programs that primarily serve low-income populations with a median income that is below #bjj percent of the poverty line 7as defined in section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b771 including any revision required by that section7 by participating contractors4 7d7 ,noncompliance ,if the ,secretary determines that a ,state or ,indian tribe has not taken the steps required under this section1 the ,secretary shall provide to the ,state or ,indian tribe a period of at least #ij days to comply before suspending the participation of the ,state or ,indian tribe in the program4 #aa4 ,evaluation report to ,congress 7a7 ,in general ,not later than #a year after the date of enactment of this ,act and annually thereafter until the termination of the program under this ,act1 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 ,act4 7b7 ,contents ,the report submitted under subsection 7a7 shall evaluate-- 7#a7 how many eligible participants have participated in the program2 7#b7 how many jobs have been created through the program1 directly and indirectly2 7#c7 what steps could be taken to promote further deployment of energy efficiency and renewable energy retrofits2 7#d7 the quantity of verifiable energy savings1 homeowner energy bill savings1 and other benefits of the program2 7#e7 any waste1 fraud1 or abuse with respect to such funds2 and 7#f7 any other information the ,secretary considers appropriate4 7c7 ,noncompliance ,the ,secretary shall require rebate aggregators1 ,states1 and ,indian tribes to provide the information required to enable the ,secretary to carry out this section4 ,if the ,secretary determines that a rebate aggregator1 ,state1 or ,indian tribe has not provided such information on a timely basis1 the ,secretary shall provide to the rebate aggregator1 ,state1 or ,indian tribe a period of at least #ij days to provide any necessary information1 subject to withholding of funds or reduction of future grant amounts1 or decertification of rebate aggregators4 #ab4 ,administration 7a7 ,in general ,subject to section #ae7;b71 not later than #cj days after the date of enactment of this ,act1 the ,secretary shall provide such administrative and technical support to rebate aggregators1 ,states1 and ,indian tribes as is necessary to carry out this ,act4 7b7 ,appointment of personnel ,notwithstanding the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service and ,general ,schedule classifications and pay rates1 the ,secretary may appoint such professional and administrative personnel as the ,secretary considers necessary to carry out this ,act4 7c7 ,rate of pay ,the rate of pay for a person appointed under subsection 7b7 shall not exceed the maximum rate payable for ,,gs-#ae of the ,general ,schedule under chapter #ec of title #e1 ,united ,states ,code4 7d7 ,consultants ,notwithstanding section #cjc of the ,federal ,property and ,administrative ,services ,act of #aidi 7#da ,u4,s4,c4 #bec71 the ,secretary may retain such consultants on a noncompetitive basis as the ,secretary considers necessary to carry out this ,act4 7e7 ,contracting ,in carrying out this ,act1 the ,secretary may waive all or part of any provision of the ,competition in ,contracting ,act of #aihd 7,public ,law #ih-cfi2 #ih ,stat4 #aage71 an amendment made by that ,act1 or the ,federal ,acquisition ,regulation on a determination that circumstances make compliance with the provisions contrary to the public interest4 7f7 ,information collection ,the ,secretary shall establish1 and make available to homeowners1 or the homeowner's designated representative1 seeking a rebate under this ,act1 release forms authorizing access by the ,secretary1 or the ,secretary's designated third party representative1 to information in the utility bills of the homeowner4 ,the form shall not include the homeowner's name1 address1 or social security number1 or any other personal identifying information designated by the ,secretary4 #ac4 ,treatment of rebates 7a7 ,in general ,for purposes of the ,internal ,revenue ,code of #aihf1 rebates received for a qualified home energy efficiency retrofit under this ,act-- 7#a7 shall not be considered taxable income to a homeowner2 and 7#b7 shall prohibit the consumer from applying for a tax credit allowed under section #be;,c or #be;,d of that ,code for the same retrofit work performed in the home of the homeowner1 unless the work is additional1 and not included in the rebate baseline4 7b7 ,notice 7#a7 ,in general ,a participating contractor shall provide notice to a homeowner of the provisions of subsection 7a7 before eligible work is performed in the home of the homeowner4 7#b7 ,notice in rebate form ,a homeowner shall be notified of the provisions of subsection 7a7 in the appropriate rebate form developed by the ,secretary1 in consultation with the ,secretary of the ,treasury4 #ad4 ,penalties 7a7 ,in general ,it shall be unlawful for any person to violate this ,act 7including any regulation issued under this ,act71 other than a violation as the result of a clerical error4 7b7 ,civil penalty ,in addition to any penalty applicable under other ,federal law for fraud or other crimes1 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-- 7#a7 #ae1jjj for each violation2 or 7#b7 #c times the value of any associated rebate under this ,act4 7c7 ,administration ,the ,secretary may-- 7#a7 assess and compromise a penalty imposed under subsection 7b72 and 7#b7 require from any entity the records and inspections necessary to enforce this ,act4 #ae4 ,funding 7a7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this ,act #ejj1jjj1jjj for each of fiscal years #bjad through #bjag1 to remain available until expended4 7#b7 ,maintenance of funding ,funds provided under this section shall supplement and not supplant any ,federal and ,state funding provided to carry out energy efficiency programs in existence on the date of enactment of this ,act4 7b7 ,grants to ,states 7#a7 ,in general ,of the amounts provided under subsection 7a71 not more than #f percent shall be used to carry out section #i4 7#b7 ,distribution to state energy offices ,not later than #de days after the date of enactment of this ,act1 the ,secretary shall determine a formula to provide funds described in paragraph 7#a7 to ,state energy offices1 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 7#db ,u4,s4,c4 #fcba et seq474 7c7 ,tracking of rebates and expenditures ,of the amount provided under subsection 7a71 not more than #b4e 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 ,act1 technical assistance to ,states1 and related administrative costs incurred by the ,secretary4 7d7 ,program review and backstop funding 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall perform a ,state-by-,state analysis and review the distribution of ,home ,energy ,savings ,retrofit ,rebates under this ,act4 7#b7 ,adjustment ,the ,secretary may allocate technical assistance funding to assist ,states that have not sufficiently benefitted from the ,home ,energy ,savings ,retrofit ,rebate ,program4 7e7 ,return of undisbursed funds ,if the ,secretary has not disbursed all the funds available for rebates under the ,home ,energy ,savings ,retrofit ,rebate ,program by ,september #cj1 #bjag1 any undisbursed funds shall be returned to the ,treasury4