,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bdgi ,,in ,,the ,,house ,,of ,,representatives ,may #ag1 #bjag,mr4 ,pallone 7for himself1 ,mr4 ,rush1 ,ms4 ,eshoo1 ,mr4 ,engel1 ,mr4 ,gene ,green of ,texas1 ,mr4 ,michael ,f4 ,doyle of ,pennsylvania1 ,ms4 ,schakowsky1 ,mr4 ,butterfield1 ,ms4 ,castor of ,florida1 ,mr4 ,sarbanes1 ,mr4 ,mc,nerney1 ,mr4 ,welch1 ,mr4 ,ben ,ray ,lujn of ,new ,mexico1 ,mr4 ,tonko1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,loebsack1 ,mr4 ,crdenas1 ,mr4 ,ruiz1 ,mrs4 ,dingell1 ,mr4 ,kennedy1 ,ms4 ,matsui1 ,ms4 ,de,gette1 and ,mr4 ,peters7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,science1 ,space1 and ,technology1 ,transportation and ,infrastructure1 ,ways and ,means1 and ,natural ,resources1 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 rebuild and modernize the ,nation's infrastructure to expand access to broadband internet1 rehabilitate drinking water infrastructure1 modernize the electric grid and energy supply infrastructure1 redevelop brownfields1 strengthen health care infrastructure1 create jobs1 protect public health and the environment1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,leading ,infrastructure for ,tomorrow's ,america ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,expansion of broadband access ,sec4 #ajjja4 ,expansion of broadband access4 ,title ,,ii--,drinking ,water ,infrastructure ,subtitle ,a--,,aqua ,act ,sec4 #bajja4 ,short title4 ,sec4 #bajjb4 ,prevailing wages4 ,sec4 #bajjc4 ,use of funds4 ,sec4 #bajjd4 ,requirements for use of ,american materials4 ,sec4 #bajje4 ,data on variances1 exemptions1 and persistent violations4 ,sec4 #bajjf4 ,assistance for restructuring4 ,sec4 #bajjg4 ,priority and weight of applications4 ,sec4 #bajjh4 ,disadvantaged communities4 ,sec4 #bajji4 ,administration of ,state loan funds4 ,sec4 #bajaj4 ,state revolving loan funds for ,american ,samoa1 ,northern ,mariana ,islands1 ,guam1 and the ,virgin ,islands4 ,sec4 #bajaa4 ,authorization of appropriations4 ,sec4 #bajab4 ,affordability of new standards4 ,sec4 #bajac4 ,focus on lifecycle costs4 ,sec4 #bajad4 ,best practices for administration of ,state revolving loan fund programs4 ,subtitle ,b--,reducing ,lead in ,drinking ,water ,sec4 #bbjja4 ,reducing lead in drinking water4 ,sec4 #bbjjb4 ,drinking water fountain replacement for schools4 ,sec4 #bbjjc4 ,aligning definitions of lead free4 ,sec4 #bbjjd4 ,guidance for schools regarding lead in drinking water4 ,sec4 #bbjje4 ,school lead pipe replacement program4 ,sec4 #bbjjf4 ,school remedial action program4 ,subtitle ,c--,climate resiliency1 security1 and source water protection planning ,sec4 #bcjja4 ,climate resiliency1 security1 and source water protection planning4 ,title ,,iii--,clean ,energy ,infrastructure ,subtitle ,a--,grid ,security and ,modernization ,part #a--;,enhancing electric infrastructure resilience1 reliability1 and energy security ,sec4 #caaja4 ,program to enhance electric infrastructure resilience1 reliability1 and energy security4 ,part #b--bast ,century ,power ,grid ,sec4 #cabja4 ,technology demonstration on the distribution system4 ,part #c--;,energy efficient transformer rebate program ,sec4 #cacja4 ,energy ,efficient ,transformer ,rebate ,program4 ,part #d--,strategic ,transformer ,reserve ,program ,sec4 #cadja4 ,strategic ,transformer ,reserve ,program4 ,subtitle ,b--,energy ,efficient ,infrastructure ,part #a--;,home ,owner ,managing ,energy ,savings ,sec4 #cbaja4 ,short title4 ,sec4 #cbajb4 ,definitions4 ,sec4 #cbajc4 ,home ,energy ,savings ,retrofit ,rebate ,program4 ,sec4 #cbajd4 ,contractors4 ,sec4 #cbaje4 ,rebate aggregators4 ,sec4 #cbajf4 ,quality assurance providers4 ,sec4 #cbajg4 ,transferability of home energy savings rebate4 ,sec4 #cbajh4 ,home ,energy ,savings ,retrofit ,rebate ,program4 ,sec4 #cbaji4 ,grants to ,states and ,indian ,tribes4 ,sec4 #cbaaj4 ,quality assurance program4 ,sec4 #cbaaa4 ,evaluation report to ,congress4 ,sec4 #cbaab4 ,administration4 ,sec4 #cbaac4 ,treatment of rebates4 ,sec4 #cbaad4 ,penalties4 ,sec4 #cbaae4 ,funding4 ,sec4 #cbaaf4 ,pilot program4 ,part #b--,smart ,building ,acceleration ,sec4 #cbbja4 ,short title4 ,sec4 #cbbjb4 ,findings4 ,sec4 #cbbjc4 ,definitions4 ,sec4 #cbbjd4 ,survey of private sector smart buildings4 ,sec4 #cbbje4 ,federal smart building program4 ,sec4 #cbbjf4 ,leveraging existing programs4 ,sec4 #cbbjg4 ,report4 ,part #c--,weatherization ,assistance and ,state ,energy ,programs ,sec4 #cbcja4 ,weatherization assistance and ,state energy programs4 ,part #d--,smart ,energy and ,water ,efficiency ,sec4 #cbdja4 ,short title4 ,sec4 #cbdjb4 ,smart energy and water efficiency pilot program4 ,part #e--;,diesel ,emissions ,reduction ,sec4 #cbeja4 ,short title4 ,sec4 #cbejb4 ,reauthorization of diesel emissions reduction program4 ,part #f--;,energy ,improvements at ,public ,school ,facilities ,sec4 #cbfja4 ,grants for energy efficiency improvements and renewable energy improvements at public school facilities4 ,subtitle ,c--,energy ,supply ,infrastructure ,part #a--,low-,income ,solar ,sec4 #ccaja4 ,short title4 ,sec4 #ccajb4 ,loan and grant program for solar installations in low-income and underserved areas4 ,part #b--,safe1 affordable1 and environmentally sound natural gas distribution ,sec4 #ccbja4 ,improving the natural gas distribution system4 ,part #c--;,clean ,distributed ,energy ,program ,sec4 #cccja4 ,short title4 ,sec4 #cccjb4 ,definitions4 ,sec4 #cccjc4 ,distributed energy loan program4 ,sec4 #cccjd4 ,technical assistance and grant program4 ,part #d--,strategic ,petroleum ,reserve improvements ,sec4 #ccdja4 ,strategic ,petroleum ,reserve improvements4 ,part #e--,southeast ,refined ,product ,reserve ,sec4 #cceja4 ,southeast ,refined ,product ,reserve4 ,subtitle ,d--,smart ,communities ,infrastructure ,sec4 #cdjja4 #c;,c ,energy ,program4 ,sec4 #cdjjb4 ,federal technology assistance4 ,sec4 #cdjjc4 ,technology demonstration grant program4 ,sec4 #cdjjd4 ,smart city or community4 ,title ,,iv--,brownfields ,redevelopment ,sec4 #djjja4 ,short title4 ,sec4 #djjjb4 ,clarification of ,state or local government ownership4 ,sec4 #djjjc4 ,nonprofit organization eligibility4 ,sec4 #djjjd4 ,increased funding limit for direct remediation4 ,sec4 #djjje4 ,indirect costs4 ,sec4 #djjjf4 ,eligibility for funding for brownfield sites acquired prior to ,january #aa1 #bjjb4 ,sec4 #djjjg4 ,multi-purpose brownfield grants4 ,sec4 #djjjh4 ,program for sustainable reuse and alternative energy on brownfield sites4 ,sec4 #djjji4 ,staff for small1 disadvantaged1 or rural communities4 ,sec4 #djjaj4 ,small community technical assistance grants4 ,sec4 #djjaa4 ,authorization of appropriations4 ,sec4 #djjab4 ,state response programs4 ,title ,v--,healthcare ,infrastructure ,subtitle ,a--,hospital ,infrastructure ,sec4 #eajja4 ,hospital infrastructure4 ,subtitle ,b--,indian ,health ,program ,health ,care ,infrastructure ,sec4 #ebjja4 #bast ,century ,indian health program hospitals and outpatient health care facilities4 ,subtitle ,c--,laboratory ,infrastructure ,sec4 #ecjja4 ,pilot program to improve laboratory infrastructure4 ,subtitle ,d--,community-,based ,care ,infrastructure ,sec4 #edjja4 ,pilot program to improve community-based care infrastructure4 ,i ,expansion of broadband access #ajjja4 ,expansion of broadband access 7a7 ,program established ,the ,assistant ,secretary shall establish a program to expand access to broadband for communities throughout the ,united ,states in a manner that protects consumer privacy and promotes network security4 7b7 ,use of program funds 7#a7 ,deployment of broadband through national reverse auction ,of the amounts authorized for the program1 #ge percent shall be distributed by the ,assistant ,secretary to private entities to deploy broadband in unserved areas of the ,united ,states through a national reverse auction4 7#b7 ,deployment of broadband through ,states ,of the amounts authorized for the program1 #be percent shall be distributed by the ,assistant ,secretary among the ,states for the ,states to distribute to private entities 7or governmental entities for the deployment of ,next ,generation #i-a-a services7 through a statewide reverse auction in accordance with the program and project requirements described in this section-- 7,a7 to deploy broadband in unserved areas2 or 7,b7 if a ,state does not have an unserved area1 to-- 7i7 deploy broadband in underserved areas2 7ii7 deploy broadband or connective technology to a school or library that does not receive funding under subpart ,f of part #ed of title #dg1 ,code of ,federal ,regulations2 or 7iii7 fund the deployment of ,next ,generation #i-a-a services4 7c7 ,program requirements 7#a7 ,technology neutrality required ,any funds distributed under the program shall not favor a project using any particular technology4 7#b7 ,matching funds preference ,there shall be a preference under the program for projects with at least #ej percent matching funds from the private sector4 7#c7 ,determination of census blocks ,the ,federal ,communication ,commission's ,form #dgg data shall be used as the starting point for an unserved or underserved determination for census blocks4 7#d7 ,challenge of determination ,the program shall provide for a process for challenging any determination regarding whether an area is served1 underserved1 or unserved4 7d7 ,project requirements ,any project funded through the program shall meet the following requirements3 7#a7 ,quality-of-service standards1 as specified by the ,assistant ,secretary4 7#b7 ,provide broadband with a download speed of at least #ajj megabits per second1 an upload speed of at least #c megabits per second1 and a latency that is sufficiently low to allow real-time1 interactive applications1 except for remote areas1 as defined by the ,assistant ,secretary1 which shall provide broadband with a download speed of at least #be megabits per second1 an upload speed of at least #c megabits per second1 and a latency that is sufficiently low to allow real-time1 interactive applications4 7#c7 ,not less than #bj percent matching funds from the private sector 7or governmental entities for the deployment of ,next ,generation #i-a-a services7 and a demonstration of the management and financial qualifications of any private sector partners4 7#d7 ,any project that involves laying fiber along a roadway shall include interspersed conduct access points sufficient to encourage connected vehicles technology4 7#e7 ,for any project that is not for the deployment of broadband or connective technology to a school or library or that is not for the deployment of ,next ,generation #i-a-a services1 the project offers a tier of service that provides broadband with the following requirements3 7,a7 ,a download speed of at least #be megabits per second4 7,b7 ,an upload speed of at least #c megabits per second4 7,c7 ,latency sufficiently low to allow real-time1 interactive applications4 7,d7 ,charges not more than #fj per month for a residential subscriber1 exclusive of taxes and any other statutory fee related to the service4 7e7 ,rulemaking and award of funds 7#a7 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,assistant ,secretary shall promulgate rules-- 7,a7 to implement the requirements of this ,act1 including methods to reduce waste1 fraud1 and abuse within the program2 and 7,b7 that establish network security standards sufficient to protect the security of subscribers of broadband provided with funds distributed under this program4 7#b7 ,award of funds ,not later than #bgj days after the date of the enactment of this ,act1 the ,assistant ,secretary shall begin to award funds to projects in accordance with the requirements of this ,act4 7f7 ,reports required 7#a7 ,inspector ,general and ,comptroller ,general report ,not later than ,june #cj and ,december #ca of each year following the awarding of the first funds under this program1 the ,inspector ,general of the ,department of ,commerce and the ,comptroller ,general shall submit to the committees on ,energy and ,commerce of the ,house of ,representatives and ,commerce1 ,science1 and ,transportation of the ,senate a report for the previous #f months that reviews the program established under subsection 7a74 ,such report shall include any recommendations to address waste1 fraud1 and abuse4 7#b7 ,state reports ,any ,state that receives funds under the program shall submit an annual report to the ,assistant ,secretary on how such funds were spent1 along with a certification of compliance with the requirements of this section1 including a description of each service provided and the number of individuals to whom the service was provided4 7g7 ,definitions ,in this section3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,broadband ,the term broadband-- 7,a7 means broadband internet access service that is a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints1 including any capabilities that are incidental to and enable the operation of the communications service2 7,b7 includes any service that is a functional equivalent of the service described in subparagraph 7,a72 and 7,c7 does not include dial-up internet access service4 7#c7 ,next ,generation #i-a-a services ,the term ,next ,generation #i-a-a services has the meaning given the term in section #aeh7;e7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #idb7;e774 7#d7 ,reverse auction ,the term reverse auction means an auction in which bids are submitted for a particular project and the bids serving the most consumers for the lowest cost to the ,federal ,government that otherwise meets all the requirements of the bid proposal are selected for funding by the ,assistant ,secretary4 7#e7 ,school ,the term school has the meaning given the term elementary school or secondary school in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#f7 ,served ,the term served means a location that is served by broadband that offers service-- 7,a7 with a download speed of at least #ajj megabits per second2 7,b7 with an upload speed of at least #c megabits per second2 and 7,c7 with latency that is sufficiently low to allow real-time1 interactive applications4 7#g7 ,state ,the term ,state means each ,state of the ,united ,states1 the ,district of ,columbia1 each commonwealth1 territory or possession of the ,united ,states1 and each federally recognized ,indian ,tribe4 7#h7 ,underserved ,the term underserved means a location that is served by broadband that offers service-- 7,a7 with a download speed between #be and #ii megabits per second2 7,b7 with an upload speed of at least #c megabits per second2 and 7,c7 with latency that is sufficiently low to allow real-time1 interactive applications4 7#i7 ,unserved ,the term unserved means a location that is-- 7,a7 neither served nor underserved by broadband2 or 7,b7 served by broadband that offers service-- 7i7 with a download speed of less than #be megabits per second2 7ii7 with an upload speed of less than #c megabits per second2 or 7iii7 with latency insufficient to allow real-time1 interactive applications4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,assistant ,secretary #dj1jjj1jjj1jjj for fiscal years #bjah through #bjbb to carry out the program described in subsection 7a71 and such amount is authorized to remain available until expended4 ,,ii ,drinking ,water ,infrastructure ,a ,,aqua ,act #bajja4 ,short title ,this subtitle may be cited as the ,assistance1 ,quality1 and ,affordability ,act of #bjag4 #bajjb4 ,prevailing wages ,subsection 7e7 of section #adej of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#i7 is amended to read as follows3 7e7 ,labor standards 7#a7 ,in general ,the ,administrator shall take such action as the ,administrator determines to be necessary to ensure that each laborer and mechanic employed by a contractor or subcontractor in connection with a construction project financed1 in whole or in part1 by a grant1 loan1 loan guarantee1 refinancing1 or any other form of financial assistance provided under this title 7including assistance provided by a ,state loan fund established under section #adeb7 is paid wages at a rate of not less than the prevailing wages for the same type of work on similar construction in the immediate locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7#b7 ,authority of ,secretary of ,labor ,with respect to the labor standards specified in this subsection1 the ,secretary of ,labor shall have the authority and functions established in ,reorganization ,plan ,numbered #ad of #aiej 7#e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 4 #bajjc4 ,use of funds ,section #adeb7;a77#b77;,b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#b77;,b77 is amended by striking 7including expenditures for planning1 design1 and associated preconstruction activities1 including activities relating to the siting of the facility1 but not and inserting 7including expenditures for planning1 design1 siting1 and associated preconstruction activities1 for replacing or rehabilitating aging treatment1 storage1 or distribution facilities of public water systems1 or for producing or capturing sustainable energy on site or through the transportation of water through the public water system1 but not4 #bajjd4 ,requirements for use of ,american materials ,section #adeb7;a77#d77;,a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77 is amended by striking ,during fiscal year #bjag1 funds and inserting ,funds4 #bajje4 ,data on variances1 exemptions1 and persistent violations ,section #adeb7;b77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;b77#b77 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,d7 a list of all public water systems within the ,state that have in effect an exemption or variance for any national primary drinking water regulation or that are in persistent violation of the requirements for any maximum contaminant level or treatment technique under a national primary drinking water regulation1 including identification of-- 7i7 the national primary drinking water regulation in question for each such exemption1 variance1 or violation2 and 7ii7 the date on which the exemption or variance came into effect or the violation began4 4 #bajjf4 ,assistance for restructuring 7a7 ,definition ,section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f71 as amended1 is further amended by adding at the end the following3 7#ah7 ,restructuring ,the term restructuring means changes in operations 7including ownership1 management1 cooperative partnerships1 joint purchasing arrangements1 consolidation1 and alternative water supply74 4 7b7 ,restructuring ,clause 7ii7 of section #adeb7;a77#c77;,b7 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#c77;,b77 is amended by striking changes in operations 7including ownership1 management1 accounting1 rates1 maintenance1 consolidation1 alternative water supply1 or other procedures7 and inserting restructuring4 #bajjg4 ,priority and weight of applications 7a7 ,priority ,section #adeb7;b77#c7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;b77#c77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7ii71 by striking and at the end2 7,b7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7iv7 improve the ability of public water systems to protect human health and comply with the requirements of this title affordably in the future4 2 7#b7 by redesignating subparagraph 7,b7 as subparagraph 7,d72 7#c7 by inserting after subparagraph 7,a7 the following3 7,b7 ,affordability of new standards ,for any year in which enforcement begins for a new national primary drinking water regulation1 each ,state that has entered into a capitalization agreement pursuant to this section shall evaluate whether capital improvements required to meet the regulation are affordable for disadvantaged communities 7as defined in subsection 7d77#c77 in the ,state4 ,if the ,state finds that such capital improvements do not meet affordability criteria for disadvantaged communities in the ,state1 the ,state's intended use plan shall provide that priority for the use of funds for such year be given to public water systems affected by the regulation and serving disadvantaged communities4 7,c7 ,weight given to applications ,after determining priority under subparagraphs 7,a7 and 7,b71 an intended use plan shall provide that the ,state will give greater weight to an application for assistance if the application contains-- 7i7 a description of measures undertaken by the public water system to improve the management and financial stability of the public water system1 which may include-- 7,i7 an inventory of assets1 including a description of the condition of the assets2 7,,ii7 a schedule for replacement of assets2 7,,iii7 an audit of water losses2 7,,iv7 a financing plan that factors in all lifecycle costs indicating sources of revenue from ratepayers1 grants1 bonds1 other loans1 and other sources to meet the costs2 and 7,v7 a review of options for restructuring2 7ii7 a demonstration of consistency with ,state1 regional1 and municipal watershed plans2 7iii7 a water conservation plan consistent with guidelines developed for such plans by the ,administrator under section #adee7;a72 and 7iv7 a description of measures undertaken by the public water system to improve the efficiency of the public water system or reduce the public water system's environmental impact1 which may include-- 7,i7 water efficiency or conservation1 including the rehabilitation or replacement of existing leaking pipes2 7,,ii7 use of reclaimed water2 7,,iii7 actions to increase energy efficiency2 7,,iv7 actions to generate or capture sustainable energy on site or through the transportation of water through the public water system2 7,v7 actions to protect source water2 7,,vi7 actions to mitigate or prevent corrosion1 including design1 selection of materials1 selection of coating1 and cathodic protection2 and 7,,vii7 actions to reduce disinfection byproducts4 2 and 7#d7 in subparagraph 7,d7 7as redesignated by paragraph 7#b77 by striking periodically and inserting at least biennially4 7b7 ,guidance ,section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 is amended-- 7#a7 by redesignating subsection 7r7 as subsection 7t72 and 7#b7 by inserting after subsection 7q7 the following3 7r7 ,small system guidance ,the ,administrator may provide guidance and1 as appropriate1 tools1 methodologies1 or computer software1 to assist small public water systems in undertaking measures to improve the management1 financial stability1 and efficiency of the public water system or reduce the public water system's environmental impact4 4 #bajjh4 ,disadvantaged communities 7a7 ,assistance ,to increase compliance ,section #adeb7;b77#c7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;b77#c771 as amended1 is further amended by adding at the end the following3 7,e7 ,assistance to increase compliance ,a ,state's intended use plan shall provide that1 of the funds received by the ,state through a capitalization grant under this section for a fiscal year1 the ,state will1 to the extent that there are sufficient eligible project applications1 reserve not less than #f percent to be spent on assistance under subsection 7d7 to public water systems included in the ,state's most recent list under paragraph 7#b77;,d74 4 7b7 ,assistance for disadvantaged communities ,section #adeb7;d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d77 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 ,such additional subsidization shall directly and primarily benefit such community42 and 7#b7 in paragraph 7#c71 by inserting 1 or portion of a service area1 after service area4 7c7 ,affordability criteria ,section #adeb7;d77#c7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d77#c77 is amended by adding at the end3 ,each ,state that has entered into a capitalization agreement pursuant to this section shall1 in establishing affordability criteria1 consider1 solicit public comment on1 and include as appropriate-- 7,a7 the methods or criteria that the ,state will use to identify disadvantaged communities2 7,b7 a description of the institutional1 regulatory1 financial1 tax1 or legal factors at the ,federal1 ,state1 or local level that affect identified affordability criteria2 and 7,c7 a description of how the ,state will use the authorities and resources under this subsection to assist communities meeting the identified criteria4 4 #bajji4 ,administration of ,state loan funds ,section #adeb7;g7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;g77 is amended by adding at the end the following new paragraph3 7#e7 ,transfer of funds 7,a7 ,in general ,the ,governor of a ,state may-- 7i7 reserve for any fiscal year not more than the lesser of-- 7,i7 #cc percent of a capitalization grant made under this section2 or 7,,ii7 #cc percent of a capitalization grant made under section #fja of the ,federal ,water ,pollution ,control ,act2 and 7ii7 add the funds so reserved to any funds provided to the ,state under this section or section #fja of the ,federal ,water ,pollution ,control ,act4 7,b7 ,state matching funds ,funds reserved under this paragraph shall not be considered for purposes of calculating the amount of a ,state contribution required by subsection 7e7 of this section or section #fjb7;b7 of the ,federal ,water ,pollution ,control ,act4 4 #bajaj4 ,state revolving loan funds for ,american ,samoa1 ,northern ,mariana ,islands1 ,guam1 and the ,virgin ,islands ,section #adeb7;j7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;j77 is amended by striking #j4cc percent and inserting #a4e percent4 #bajaa4 ,authorization of appropriations ,subsection 7m7 of section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 is amended to read as follows3 7m7 ,authorization of ,appropriations 7#a7 ,in general ,there are authorized to be appropriated to carry out this section-- 7,a7 #c1acj1jjj1jjj for fiscal year #bjah2 7,b7 #c1fjj1jjj1jjj for fiscal year #bjai2 7,c7 #d1adj1jjj1jjj for fiscal year #bjbj2 7,d7 #d1hjj1jjj1jjj for fiscal year #bjba2 and 7,e7 #e1ejj1jjj1jjj for fiscal year #bjbb4 7#b7 ,availability ,amounts made available pursuant to this subsection shall remain available until expended4 7#c7 ,reservation for needs surveys ,of the amount made available under paragraph 7#a7 to carry out this section for a fiscal year1 the ,administrator may reserve not more than #a1jjj1jjj per year to pay the costs of conducting needs surveys under subsection 7h74 4 #bajab4 ,affordability of new standards 7a7 ,treatment technologies for small public water systems ,clause 7ii7 of section #adab7;b77#d77;,e7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#a7;b77#d77;,e77 is amended by adding at the end the following3 ,if no technology1 treatment technique1 or other means is included in a list under this subparagraph for a category of small public water systems1 the ,administrator shall periodically review the list and supplement it when new technology becomes available44 7b7 ,assistance for disadvantaged communities 7#a7 ,in general ,subparagraph 7,e7 of section #adeb7;a77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#a77 is amended-- 7,a7 by striking except that the ,administrator may reserve and inserting except that-- 7i7 in any year in which enforcement of a new national primary drinking water regulation begins1 the ,administrator may use the remaining amount to make grants to ,states whose public water systems are disproportionately affected by the new regulation for the provision of assistance under subsection 7d7 to such public water systems2 7ii7 the ,administrator may reserve 2 and 7,b7 by striking and none of the funds reallotted and inserting 2 and 7iii7 none of the funds reallotted 4 7#b7 ,elimination of certain provisions 7,a7 ,section #adab7;b7 7#db ,u4,s4,c4 #cjj;g-#a7;b77 of the ,safe ,drinking ,water ,act is amended by striking paragraph 7#ae74 7,b7 ,section #adae 7#db ,u4,s4,c4 #cjj;g-#d7 of the ,safe ,drinking ,water ,act is amended by striking subsection 7e74 7#c7 ,conforming amendments 7,a7 ,subparagraph 7,b7 of section #adad7;c77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#c7;c77#a77;,b77 is amended by striking 1 7a77#b71 or 7e7 and inserting or 7a77#b74 7,b7 ,section #adaf7;b77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#e7;b77#b77 is amended by striking subparagraph 7,d74 7,c7 ,section #adde7;h7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#d7;h77 is amended-- 7i7 by striking sections #adab7;b77#d77;,e7 and #adae7;e7 7relating to small system variance program and inserting section #adab7;b77#d77;,e72 and 7ii7 by striking guidance under sections #adab7;b77#d77;,e7 and #adae7;e7 and inserting guidance under section #adab7;b77#d77;,e74 #bajac4 ,focus on lifecycle costs ,section #adab7;b77#d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#a7;b77#d77 is amended-- 7#a7 in subparagraph 7,d71 by striking taking cost into consideration and inserting taking lifecycle costs1 including maintenance1 replacement1 and avoided costs1 into consideration2 and 7#b7 in subparagraph 7,e77ii71 in the matter preceding subclause 7,i71 by inserting taking lifecycle costs1 including maintenance1 replacement1 and avoided costs1 into consideration1 after as determined by the ,administrator in consultation with the ,states14 #bajad4 ,best practices for administration of ,state revolving loan fund programs ,section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 is amended by inserting after subsection 7r71 as added by section #bajjg7;b71 the following3 7s7 ,best practices for program administration ,the ,administrator shall-- 7#a7 collect information from ,states on administration of ,state programs with respect to ,state loan funds1 including-- 7,a7 efforts to streamline the process for applying for assistance through such programs2 7,b7 programs in place to assist with the completion of application forms2 7,c7 incentives provided to systems that partner with small public water systems for the application process2 and 7,d7 techniques to ensure that obligated balances are liquidated in a timely fashion2 7#b7 not later than #c years after the date of enactment of the ,assistance1 ,quality1 and ,affordability ,act of #bjag1 disseminate to the ,states' best practices for administration of such programs1 based on the information collected pursuant to this subsection2 and 7#c7 periodically update such best practices1 as appropriate4 4 ,b ,reducing ,lead in ,drinking ,water #bbjja4 ,reducing lead in drinking water 7a7 ,authorization ,section #adei;,b7d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;b7d77 is amended by striking #fj1jjj1jjj for each of fiscal years #bjag through #bjba and inserting #ajj1jjj1jjj for each of fiscal years #bjah through #bjbb4 7b7 ,definition of lead service line 7#a7 ,in general ,section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f7 is amended by adding at the end the following3 7#ag7 ,lead service line ,the term lead service line means a pipe and its fittings1 which are not lead free 7as defined in section #adag7;d771 that connect the drinking water main to the building inlet4 4 7#b7 ,conforming amendment ,section #adei;,b7a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;b7a77 is amended by striking paragraph 7#d74 #bbjjb4 ,drinking water fountain replacement for schools 7a7 ,in general ,part ,f of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ba et seq47 is amended by adding at the end the following3 #adfe4 ,drinking water fountain replacement for schools 7a7 ,establishment ,not later than #ahj days after the date of enactment of this section1 the ,administrator shall establish a grant program to provide assistance to local educational agencies for the replacement of drinking water fountains manufactured prior to #aihh4 7b7 ,use of funds ,funds awarded under the grant program-- 7#a7 shall be used to pay the costs of replacement of drinking water fountains in schools2 and 7#b7 may be used to pay the costs of monitoring and reporting of lead levels in the drinking water of schools of a local educational agency receiving such funds1 as determined appropriate by the ,administrator4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section not more than #e1jjj1jjj for each of fiscal years #bjah through #bjbb4 4 7b7 ,definitions ,section #adfa7e7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ba7e77 is amended by inserting or drinking water fountain after water cooler each place it appears4 #bbjjc4 ,aligning definitions of lead free ,paragraph 7#b7 of section #adfa of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ba7b77 is amended to read as follows3 7#b7 ,lead free ,the term lead free has the meaning given such term in section #adag4 4 #bbjjd4 ,guidance for schools regarding lead in drinking water 7a7 ,guidance ,part ,f of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ba et seq471 as amended1 is further amended by adding at the end the following new section3 #adff4 ,guidance for schools regarding lead in drinking water 7a7 ,guidance on lead monitoring ,not later than #ahj days after the date of enactment of this section1 the ,administrator shall publish revised guidance for school officials seeking to reduce exposure to lead from drinking water in schools4 7b7 ,requirements ,the ,administrator shall include in the guidance published under subsection 7a7-- 7#a7 testing protocols for schools to accurately detect lead contamination in school drinking water and its sources2 7#b7 recommended actions to reduce or eliminate such contamination1 including lead service line replacement where needed2 7#c7 recommendations for maintaining or replacing drinking water infrastructure1 including pipes1 pipe fittings1 fixtures1 solder1 drinking water coolers1 and drinking water fountains1 when planning for or undergoing renovations of school property2 and 7#d7 recommendations and forms for communicating lead testing results1 potential health risks1 and response actions to students1 staff1 parents1 and communities4 4 7b7 ,conforming amendment ,section #adfd7;d77#e77;,a77i7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#bd7;d77#e77;,a77i77 is amended by inserting published under section #adff after successor guidance4 #bbjje4 ,school lead pipe replacement program ,part ,f of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ba et seq471 as amended1 is further amended by adding at the end the following new section3 #adfg4 ,school lead pipe replacement program 7a7 ,eligible entity ,in this section1 the term eligible entity means-- 7#a7 a local educational agency2 or 7#b7 a public water system4 7b7 ,grant program 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this section1 the ,administrator shall establish a grant program to assist eligible entities in carrying out programs to replace lead service lines for schools and solder that is not lead free used in the plumbing for schools4 ,such a program-- 7,a7 shall include replacing lead service lines and solder that is not lead free2 and 7,b7 may include testing1 planning1 or carrying out other relevant activities1 as determined by the ,administrator1 to identify the location and condition of lead service lines and solder that is not lead free4 7#b7 ,priority application ,in providing assistance under this section1 the ,administrator shall give priority to proposed programs for schools for which1 at any time during the #c-year period preceding the date of submission of an application of the eligible entity1 monitoring data has indicated elevated lead levels in the school drinking water4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjah through #bjbb4 4 #bbjjf4 ,school remedial action program ,section #adfd7;d77#g7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#bd7;d77 is amended-- 7#a7 by striking #bj1jjj1jjj and inserting #ajj1jjj1jjj2 and 7#b7 by striking #bjag through #bjba and inserting #bjah through #bjbb4 ,c ,climate resiliency1 security1 and source water protection planning #bcjja4 ,climate resiliency1 security1 and source water protection planning ,section #adcc of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;i-#b7 is amended to read as follows3 #adcc4 ,climate resiliency1 security1 and source water protection 7a7 ,source water and distribution system vulnerability assessments 7#a7 ,in general ,not later than #bd months after the date of enactment of the ,safe ,drinking ,water ,act ,amendments of #bjag1 each community water system shall submit to the ,administrator source water and distribution system vulnerability assessments4 7#b7 ,identification of threats ,assessments submitted pursuant to paragraph 7#a7 shall identify-- 7,a7 threats to the community water system's source water from industrial activity1 pipelines and storage tanks1 contaminated sites1 agricultural activity1 and oil and gas exploration2 7,b7 threats to the community water system's source water and distribution system from climate change1 extreme weather1 drought1 and temperature changes2 and 7,c7 threats to the community water system's source water and distribution system from intentional acts1 including intentional contamination1 sabotage1 and theft of any chemical of interest 7as designated under ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto74 7#c7 ,assessment of alternatives ,assessments submitted pursuant to paragraph 7#a7 shall include a comparison of the disinfection methods used by the community water system and reasonably available alternative disinfection methods1 including a determination of whether reasonably available alternative disinfection methods could reduce the community water system's vulnerability to the threats identified pursuant to paragraph 7#b74 7#d7 ,periodic review and resubmission ,each community water system submitting a vulnerability assessment pursuant to paragraph 7#a7 shall review1 revise as necessary1 and resubmit such assessment not less often than every #e years4 7#e7 ,guidance ,not later than one year after the date of enactment of the ,safe ,drinking ,water ,act ,amendments of #bjag1 the ,administrator shall provide guidance to community water systems for the preparation of vulnerability assessments under this subsection4 7b7 ,source water and distribution system protection plans 7#a7 ,in general ,not later than #d years after the date of enactment of the ,safe ,drinking ,water ,act ,amendments of #bjag1 each community water system shall submit to the ,administrator source water and distribution system protection plans4 7#b7 ,mitigation of identified threats ,plans submitted pursuant to paragraph 7#a7 shall identify strategies and resources to mitigate the threats identified in assessments prepared pursuant to subsection 7a74 7#c7 ,emergency response planning ,plans submitted pursuant to paragraph 7#a7 shall include specific emergency response plans for the threats identified in assessments prepared pursuant to subsection 7a74 7#d7 ,periodic review and resubmission ,each community water system submitting a plan pursuant to paragraph 7#a7 shall review1 revise as necessary1 and resubmit such plan not less often than every #e years4 7#e7 ,guidance ,not later than one year after the date of enactment of the ,safe ,drinking ,water ,act ,amendments of #bjag1 the ,administrator shall provide guidance to community water systems for the preparation of plans under this subsection4 7c7 ,technical assistance and grants 7#a7 ,in general ,the ,administrator shall establish and implement a program1 to be known as the ,drinking ,water ,infrastructure ,resiliency and ,sustainability ,program1 under which the ,administrator may award grants in each of fiscal years #bjah through #bjbb to owners or operators of community water systems for the purpose of increasing the resiliency or adaptability of the community water systems to threats identified pursuant to subsection 7a74 7#b7 ,use of funds ,as a condition on receipt of a grant under this section1 an owner or operator of a community water system shall agree to use the grant funds exclusively to assist in the planning1 design1 construction1 implementation1 operation1 or maintenance of a program or project consistent with a plan developed pursuant to subsection 7b74 7#c7 ,priority 7,a7 ,water systems at greatest and most immediate risk ,in selecting grantees under this subsection1 the ,administrator shall give priority to applicants that are owners or operators of community water systems that are1 based on the best available research and data1 at the greatest and most immediate risk of facing significant negative impacts due to threats described in subsection 7a77#b74 7,b7 ,goals ,in selecting among applicants described in subparagraph 7,a71 the ,administrator shall ensure that1 to the maximum extent practicable1 the final list of applications funded for each year includes a substantial number that propose to use innovative approaches to meet one or more of the following goals3 7i7 ,promoting more efficient water use1 water conservation1 water reuse1 or water recycling4 7ii7 ,using decentralized1 low-impact development technologies and nonstructural approaches1 including practices that use1 enhance1 or mimic the natural hydrological cycle or protect natural flows4 7iii7 ,reducing stormwater runoff or flooding by protecting or enhancing natural ecosystem functions4 7iv7 ,modifying1 upgrading1 enhancing1 or replacing existing community water system infrastructure in response to changing hydrologic conditions4 7v7 ,improving water quality or quantity for agricultural and municipal uses1 including through salinity reduction4 7vi7 ,providing multiple benefits1 including to water supply enhancement or demand reduction1 water quality protection or improvement1 increased flood protection1 and ecosystem protection or improvement4 7#d7 ,cost-sharing 7,a7 ,federal share ,the share of the cost of any activity that is the subject of a grant awarded by the ,administrator to the owner or operator of a community water system under this subsection shall not exceed #ej percent of the cost of the activity4 7,b7 ,calculation of non-,federal share ,in calculating the non-,federal share of the cost of an activity proposed by a community water system in an application submitted under this subsection1 the ,administrator shall-- 7i7 include the value of any in-kind services that are integral to the completion of the activity1 including reasonable administrative and overhead costs2 and 7ii7 not include any other amount that the community water system involved receives from the ,federal ,government4 7#e7 ,report to ,congress ,not later than #c years after the date of the enactment of the ,safe ,drinking ,water ,act ,amendments of #bjag1 and every #c years thereafter1 the ,administrator shall submit to the ,congress a report on progress in implementing this subsection1 including information on project applications received and funded annually4 7#f7 ,authorization of appropriations ,to carry out this subsection1 there are authorized to be appropriated #ej1jjj1jjj for each of fiscal years #bjah through #bjbb4 4 ,,iii ,clean ,energy ,infrastructure ,a ,grid ,security and ,modernization #a ,enhancing electric infrastructure resilience1 reliability1 and energy security #caaja4 ,program to enhance electric infrastructure resilience1 reliability1 and energy security 7a7 ,program ,the ,secretary of ,energy shall establish a competitive grant program to provide grants to ,states1 units of local government1 and ,indian tribe economic development entities to enhance energy security through measures for electricity delivery infrastructure hardening and enhanced resilience and reliability4 7b7 ,purpose of grants ,the ,secretary of ,energy may make grants on a competitive basis to enable broader use of resiliency-related technologies1 upgrades1 and institutional measures and practices designed to-- 7#a7 improve the resilience1 reliability1 and security of electricity delivery infrastructure2 7#b7 improve preparedness and restoration time to mitigate power disturbances resulting from physical and cyber attacks1 electromagnetic pulse attacks1 geomagnetic disturbances1 seismic events1 severe weather1 and climate change2 7#c7 continue delivery of power to facilities critical to public health1 safety1 and welfare1 including hospitals1 assisted living facilities1 and schools2 7#d7 continue delivery of power to electricity-dependent essential services1 including fueling stations and pumps1 wastewater and sewage treatment facilities1 gas pipeline infrastructure1 communications systems1 transportation services and systems1 and services provided by emergency first responders2 7#e7 enhance regional grid resilience and the resilience of electricity-dependent regional infrastructure2 and 7#f7 facilitate greater incorporation of renewable energy generation into the electric grid4 7c7 ,examples ,resiliency-related technologies1 upgrades1 and measures with respect to which grants may be made under this section include-- 7#a7 hardening or enhanced protection of utility poles1 wiring1 cabling1 and other distribution components1 facilities1 or structures2 7#b7 advanced grid technologies capable of isolating or repairing problems remotely1 such as advanced metering infrastructure1 high-tech sensors1 grid monitoring and control systems1 and remote reconfiguration and redundancy systems2 7#c7 cybersecurity products and components2 7#d7 distributed generation1 including back-up generation to power critical facilities and essential services1 and related integration components1 such as advanced inverter technology2 7#e7 microgrid systems1 including hybrid microgrid systems for isolated communities2 7#f7 combined heat and power2 7#g7 waste heat resources2 7#h7 non-grid-scale energy storage technologies2 7#i7 electronically controlled reclosers and similar technologies for power restoration2 7#aj7 advanced energy analytics technology1 such as internet-based and cloud-based computing solutions and subscription licensing models2 7#aa7 efforts that enhance resilience through planning1 preparation1 response1 and recovery activities2 7#ab7 operational capabilities to enhance resilience through rapid response recovery2 and 7#ac7 efforts to ensure availability of key critical components through contracts1 cooperative agreements1 stockpiling and prepositioning1 or other measures4 7d7 ,implementation ,specific projects or programs established1 or to be established1 pursuant to grants provided under this section shall be implemented through grant recipients by public and publicly regulated entities on a cost-shared basis4 7e7 ,cooperation ,in carrying out projects or programs established1 or to be established1 pursuant to grants provided under this section1 recipients shall cooperate1 as applicable1 with-- 7#a7 ,state public utility commissions2 7#b7 ,state energy offices2 7#c7 electric infrastructure owners and operators2 and 7#d7 other entities responsible for maintaining electric reliability4 7f7 ,data and metrics 7#a7 ,in general ,to the extent practicable1 grant recipients shall utilize the most current data1 metrics1 and frameworks related to-- 7,a7 electricity delivery infrastructure hardening and enhancing resilience and reliability2 and 7,b7 current and future threats1 including physical and cyber attacks1 electromagnetic pulse1 geomagnetic disturbances1 seismic events1 severe weather1 and climate change4 7#b7 ,metrics ,grant recipients shall demonstrate to the ,secretary of ,energy1 with measurable and verifiable data1 how the deployment of resiliency-related technologies1 upgrades1 and measures achieve improvements in the resiliency and recovery of electricity delivery infrastructure and related services1 including a comparison of data collected before and after deployment4 ,metrics for demonstrating improvements in resiliency and recovery may include-- 7,a7 power quality during power disturbances when delivered power does not meet power quality requirements of the customer2 7,b7 duration of customer interruptions2 7,c7 number of customers impacted2 7,d7 cost impacts1 including business and other economic losses2 7,e7 impacts on electricity-dependent essential services and critical facilities2 and 7,f7 societal impacts4 7#c7 ,furthering energy assurance plans ,grant recipients shall demonstrate to the ,secretary of ,energy how projects or programs established1 or to be established1 pursuant to grants provided under this section further applicable ,state and local energy assurance plans4 7g7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section1 #eae1jjj1jjj for each of fiscal years #bjah through #bjbb1 of which not more than #ae1jjj1jjj per fiscal year may be used for administrative expenses4 #b #bast ,century ,power ,grid #cabja4 ,technology demonstration on the distribution system 7a7 ,in general ,the ,secretary of ,energy shall establish a financial assistance program to carry out eligible projects related to the modernization of the electric grid1 including the application of technologies to improve observability1 advanced controls1 and prediction of system performance on the distribution system and related transmission system interdependencies4 7b7 ,eligible projects ,to be eligible for financial assistance under subsection 7a71 a project shall-- 7#a7 be designed to-- 7,a7 improve the performance and efficiency of the future electric grid1 while ensuring the continued provision of safe1 secure1 reliable1 and affordable power2 and 7,b7 provide new options for customer-owned resources2 7#b7 demonstrate-- 7,a7 secure integration and management of energy resources1 including distributed energy generation1 combined heat and power1 micro-grids1 energy storage1 electric vehicles1 energy efficiency1 demand response1 and intelligent loads2 and 7,b7 secure integration and interoperability of communications and information technologies2 and 7#c7 include the participation of a partnership consisting of two or more entities that-- 7,a7 may include-- 7i7 any institution of higher education2 7ii7 a national laboratory2 7iii7 a representative of a ,state or local government2 7iv7 a representative of an ,indian tribe2 or 7v7 a ,federal power marketing administration2 and 7,b7 shall include at least one of any of-- 7i7 an investor-owned electric utility2 7ii7 a publicly owned electric utility2 7iii7 a technology provider2 7iv7 a rural electric cooperative2 7v7 a regional transmission organization2 or 7vi7 an independent system operator4 7c7 ,cybersecurity plan ,each eligible project carried out pursuant to subsection 7a7 shall include the development of a cybersecurity plan written in accordance with guidelines developed by the ,secretary4 7d7 ,privacy risk analysis ,each eligible project carried out pursuant to subsection 7a7 shall include a privacy impact assessment that evaluates the project against the #e core concepts in the ,voluntary ,code of ,conduct of the ,department of ,energy1 commonly known as the ,data,guard ,energy ,data ,privacy ,program1 or the most recent revisions to the privacy program of the ,department4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section #bjj1jjj1jjj for each of fiscal years #bjah through #bjbb1 to remain available until expended4 #c ,energy efficient transformer rebate program #cacja4 ,energy ,efficient ,transformer ,rebate ,program 7a7 ,definitions ,in this section3 7#a7 ,qualified energy efficient transformer ,the term qualified energy efficient transformer means a transformer that meets or exceeds the applicable energy conservation standards described in the tables in subsection 7b77#b7 and paragraphs 7#a7 and 7#b7 of subsection 7c7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#b7 ,qualified energy inefficient transformer ,the term qualified energy inefficient transformer means a transformer with an equal number of phases and capacity to a transformer described in any of the tables in subsection 7b77#b7 and paragraphs 7#a7 and 7#b7 of subsection 7c7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act7 that-- 7,a7 does not meet or exceed the applicable energy conservation standards described in paragraph 7#a72 and 7,b7 7i7 was manufactured between ,january #a1 #aihe1 and ,december #ca1 #bjjf1 for a transformer with an equal number of phases and capacity as a transformer described in the table in subsection 7b77#b7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act72 or 7ii7 was manufactured between ,january #a1 #aiij1 and ,december #ca1 #bjji1 for a transformer with an equal number of phases and capacity as a transformer described in the table in paragraph 7#a7 or 7#b7 of subsection 7c7 of that section 7as in effect on the date of enactment of this ,act74 7#c7 ,qualified entity ,the term qualified entity means an owner of industrial or manufacturing facilities1 commercial buildings1 or multifamily residential buildings1 a utility1 or an energy service company1 that fulfills the requirements of subsection 7c74 7b7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,energy shall establish a program to provide rebates to qualified entities for expenditures made by the qualified entity for the replacement of a qualified energy inefficient transformer with a qualified energy efficient transformer4 7c7 ,requirements ,to be eligible to receive a rebate under this section1 an entity shall submit to the ,secretary of ,energy an application in such form1 at such time1 and containing such information as the ,secretary may require1 including demonstrated evidence-- 7#a7 that the entity purchased a qualified energy efficient transformer2 7#b7 of the core loss value of the qualified energy efficient transformer2 7#c7 of the age of the qualified energy inefficient transformer being replaced2 7#d7 of the core loss value of the qualified energy inefficient transformer being replaced-- 7,a7 as measured by a qualified professional or verified by the equipment manufacturer1 as applicable2 or 7,b7 for transformers described in subsection 7a77#b77;,b77i71 as selected from a table of default values as determined by the ,secretary in consultation with applicable industry2 and 7#e7 that the qualified energy inefficient transformer has been permanently decommissioned and scrapped4 7d7 ,authorized amount of rebate ,the amount of a rebate provided under this section shall be-- 7#a7 for a #c-phase or single-phase transformer with a capacity of not less than #aj and not greater than #b1ejj kilovolt-amperes1 twice the amount equal to the difference in watts between the core loss value 7as measured in accordance with paragraphs 7#b7 and 7#d7 of subsection 7c77 of-- 7,a7 the qualified energy inefficient transformer2 and 7,b7 the qualified energy efficient transformer2 or 7#b7 for a transformer described in subsection 7a77#b77;,b77i71 the amount determined using a table of default rebate values by rated transformer output1 as measured in kilovolt-amperes1 as determined by the ,secretary in consultation with applicable industry4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjah through #bjbb1 to remain available until expended4 #d ,strategic ,transformer ,reserve ,program #cadja4 ,strategic ,transformer ,reserve ,program 7a7 ,establishment ,the ,secretary of ,energy shall establish a program to reduce the vulnerability of the electric grid to physical attack1 cyber attack1 electromagnetic pulse1 geomagnetic disturbances1 severe weather1 climate change1 and seismic events1 including by-- 7#a7 ensuring that large power transformers1 generator step-up transformers1 and other critical electric grid equipment are strategically located to ensure timely replacement of such equipment as may be necessary to restore electric grid function rapidly in the event of severe damage to the electric grid due to physical attack1 cyber attack1 electromagnetic pulse1 geomagnetic disturbances1 severe weather1 climate change1 or seismic events2 and 7#b7 establishing a coordinated plan to facilitate transportation of large power transformers and other critical electric grid equipment4 7b7 ,transformer ,resilience and ,advanced ,components program ,the program established under subsection 7a7 shall include implementation of the ,transformer ,resilience and ,advanced ,components program to-- 7#a7 improve large power transformers and other critical electric grid equipment by reducing their vulnerabilities2 and 7#b7 develop1 test1 and deploy innovative equipment designs that are more flexible and offer greater resiliency of electric grid functions4 7c7 ,strategic equipment reserves 7#a7 ,authorization ,in carrying out the program established under subsection 7a71 the ,secretary may establish one or more federally owned strategic equipment reserves1 as appropriate1 to ensure nationwide access to reserve equipment4 7#b7 ,consideration ,in establishing any federally owned strategic equipment reserve1 the ,secretary may consider existing spare transformer and equipment programs and requirements established by the private sector1 regional transmission operators1 independent system operators1 and ,state regulatory authorities4 7d7 ,consultation ,the program established under subsection 7a7 shall be carried out in consultation with the ,federal ,energy ,regulatory ,commission1 the ,electricity ,subsector ,coordinating ,council1 the ,electric ,reliability ,organization1 and owners and operators of critical electric infrastructure and defense and military installations4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ge1jjj1jjj for each of fiscal years #bjah through #bjbb4 ,b ,energy ,efficient ,infrastructure #a ,home ,owner ,managing ,energy ,savings #cbaja4 ,short title ,this part may be cited as the ,home ,owner ,managing ,energy ,savings ,act of #bjag or the ,,homes ,act4 #cbajb4 ,definitions ,in this part3 7#a7 ,,bpi ,the term ,,bpi means the ,building ,performance ,institute4 7#b7 ,energy audit ,the term energy audit means an inspection1 survey1 and analysis of energy flows for energy conservation in a building1 process1 or system to reduce the amount of energy input into the system without negatively affecting the output4 ,an energy audit is the first step in identifying opportunities to reduce energy expense and carbon footprints4 7#c7 ,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#d7 ,federal rebate processing system ,the term ,federal ,rebate ,processing ,system means the ,federal ,rebate ,processing ,system established under section #cbajc7;b74 7#e7 ,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 six months out of the year4 7#f7 ,home energy savings retrofit rebate program ,the terms ,home ,energy ,savings ,retrofit ,rebate ,program or ,program means the ,home ,energy ,savings ,retrofit ,rebate ,program established under section #cbajc7;a74 7#g7 ,homeowner ,the term homeowner means the owner of an owner-occupied home or a tenant-occupied home4 7#h7 ,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 #ecjd74 7#i7 ,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#aj7 ,qualified contractor ,the term qualified contractor means a residential energy efficiency contractor that meets minimum applicable requirements established under section #cbajd4 7#aa7 ,qualified home energy efficiency retrofit ,the term qualified home energy efficiency retrofit means a retrofit described in section #cbajh7;d74 7#ab7 ,quality assurance program ,the term quality assurance program means a program established under this part1 or recognized by the ,secretary under this part1 to oversee the delivery of home efficiency retrofit programs to ensure that work is performed in accordance with standards and criteria established under this part4 ,delivery of retrofit programs includes delivery of quality assurance reviews of rebate applications and field inspections4 ,individuals performing quality assurance work under a quality assurance program must be certified under an ,,ansi accredited quality control inspection certification designation4 7#ac7 ,quality assurance provider ,the term quality assurance provider means any entity that meets the minimum applicable requirements established under section #cbajf4 7#ad7 ,rebate aggregator ,the term rebate aggregator means an entity that meets the requirements of section #cbaje4 7#ae7 ,,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#af7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ag7 ,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 #cbajc4 ,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 website 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 part1 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 convene a group of stakeholders that are directly and materially affected by the ,program to develop the final forms4 #cbajd4 ,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 a ,,bpi ,gold,star ,contractor2 7ii7 ,,resnet as an ,energy ,smart ,home ,performance ,team2 7iii7 ,,acca 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 accreditation program approved by the ,secretary for this purpose2 or 7,b7 the general contractor1 and-- 7i7 subjects the energy efficiency retrofit to a third-party review by a party approved by the ,secretary and a quality assurance inspection authorized by the ,secretary2 and 7ii7 employs1 or 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 ,,nate2 7,,iv7 ,,acca2 7,v7 ,,liuna2 7,,vi7 the ,regional and ,state ,department of ,energy ,weatherization ,training ,centers2 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 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 work2 and 7#e7 completes an energy audit to determine the impact of the proposed energy efficiency measures in accordance with an ,,ansi accredited energy auditing standard4 7b7 ,agreement between contractor and home owner ,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 part with respect to physical improvements made to the home2 7#b7 if the contractor and homeowner choose the transferable rebate option authorized under section #cbajg1 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 part2 and 7#c7 a notice that the homeowner acknowledges that they-- 7,a7 reviewed the national retrofit website for the ,program2 7,b7 understand the scope of work intended to be completed and that such work may be eligible for a rebate under the ,program2 and 7,c7 understand that the rebate funds are fully subject to availability from the ,department of ,energy or rebate aggregator and not within the control of the contractor4 #cbaje4 ,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 homeowners or contractors participating in the ,home ,energy ,savings ,retrofit ,rebate ,program by-- 7#a7 reviewing the proposed rebate application for completeness and accuracy2 7#b7 reviewing measures for eligibility in accordance with this part2 7#c7 providing data to the ,federal ,rebate ,processing ,system consistent with data protocols established by the ,secretary2 and 7#d7 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 #cbajf4 ,quality assurance providers 7a7 ,qualifications ,an entity shall be considered a quality assurance provider under this part 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 ,state1 local government1 or ,state-approved or local government-approved residential energy efficiency retrofit program4 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 part2 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 #cbajg4 ,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 #cbajc7;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 #cbajh7;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 #cbajh4 ,home ,energy ,savings ,retrofit ,rebate program 7a7 ,in general ,if a qualified home energy efficiency retrofit of a home is carried out after the date of enactment of this ,act by a qualified contractor in accordance with this part1 subject to appropriations made available for such purpose1 rebates shall be awarded for retrofits that achieve home energy savings in accordance with this part4 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 determined in accordance with the following formula3 7,a7 ,retrofits that are projected to save at least #bj percent of energy use 7,home ,performance ,retrofits7 shall receive a rebate of #b1ejj4 7,b7 ,retrofits that are projected to save at least #dj percent of energy use 7,deep ,home ,performance ,retrofits7 shall receive a rebate of #e1jjj4 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 ,bonus incentive ,recipients of grants under section #cbaji and rebate aggregators are encouraged to present a proposal to the ,secretary for an incentive bonus for contractors who have delivered services to consumers and who have achieved a #gj percent or greater realization rate for predicted gross energy cost savings achieved by their portfolio of participating customers4 ,bonus incentives under such a proposal may be up to #bj percent of the rebate paid to the homeowner4 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 established by an organization identified in subparagraphs 7,a71 7,b71 or 7,c7 of section #cbajd7;a77#b7 or equivalent guidelines approved by the ,secretary for this purpose1 to ensure-- 7i7 the safe operation of all systems post retrofit2 and 7ii7 that1 except as provided in paragraph 7#c71 all improvements are included in1 and have been installed according to-- 7,i7 standards of the applicable accrediting program established by an organization identified in subparagraphs 7,a71 7,b71 or 7,c7 of section #cbajd7;a77#b72 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 funds 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 in accordance with ,,bpi-#baja-,s-#bjac3 ,standard ,requirements for a ,certificate of ,completion for ,residential ,energy ,efficiency ,upgrades with the issuance of a rebate that certifies the predicted level of energy use reduction achieved by the retrofit4 ,the certificate shall be provided to the rebate recipient4 ,if the recipient is the contractor under the terms of section #cbajg1 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 part 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 aggregator1 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 by the ,secretary or the rebate aggregator has been completed4 7g7 ,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 not later than #c years after the payment was provided the ,secretary shall-- 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 7h7 ,incentives ,the amount of incentives that the ,secretary may provide to quality assurance providers and rebate aggregators under this part shall be-- 7#a7 #ej 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 part4 #cbaji4 ,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 part2 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 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 #cbaae4 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 part1 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 part with-- 7,a7 the ,energy ,star appliance rebates program authorized under the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e2 #abc ,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 part to enhance and extend existing programs2 and 7,b7 seek to enhance and extend existing programs by coordinating with administrators of the programs4 #cbaaj4 ,quality assurance program 7a7 ,plan ,as part of a grant application described in section #cbaji7;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 #cbaji4 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 #cbajd2 and 7#b7 nonbinding 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 #cbaaa4 ,evaluation report to ,congress 7a7 ,in general ,not later than #a year after the date of enactment of this ,act and annually thereafter1 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 part4 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 #cbaab4 ,administration 7a7 ,in general ,subject to section #cbaae7;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 part4 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 part4 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 ,information collection ,the ,secretary shall establish1 and make available to a homeowner1 or the homeowner's designated representative1 seeking a rebate under this part1 release forms authorizing access by the ,secretary1 or a designated third-party representative to information in the utility bills of the homeowner4 ,the form shall not include personal identifying information such as name1 address1 social security number or other identifying information as defined by the ,secretary4 #cbaac4 ,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 part-- 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 homeowner4 ,if the work is additional1 and not included in the rebate baseline1 a homeowner may claim the credit4 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 #cbaad4 ,penalties 7a7 ,in general ,it shall be unlawful for any person to violate this part 7including any regulation issued under this part71 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 part 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 part4 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 part4 #cbaae4 ,funding 7a7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this part #bej1jjj1jjj for each of fiscal years #bjah through #bjbb1 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 #cbaji4 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 part1 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 rebates under this part4 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 #cbaaf4 ,pilot program 7a7 ,establishment 7#a7 ,in general ,notwithstanding any other provision of this part1 the ,secretary shall establish a ,residential ,energy ,efficiency ,pay for ,performance pilot program for ,states to encourage the use of measured energy savings1 and financial payments for those energy savings1 in the operation of residential energy efficiency programs4 7#b7 ,criteria ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall provide common measurement criteria1 developed with input from home performance industry stakeholders1 to ensure comparability among programs but allow flexibility in program design4 7b7 ,grants ,in carrying out the pilot program established under this section1 the ,secretary shall provide1 on a competitive basis1 grants to not less than #e ,state energy offices4 7c7 ,authorization of appropriations ,for fiscal year #bjah1 there are authorized to be appropriated to carry out this section #ajj1jjj1jjj4 7d7 ,definition ,in this section1 the term ,state energy office means the office or agency of a ,state responsible for developing the ,state energy plan for the ,state under section #cfb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb74 #b ,smart ,building ,acceleration #cbbja4 ,short title ,this part may be cited as the ,smart ,building ,acceleration ,act4 #cbbjb4 ,findings ,congress finds that-- 7#a7 the building sector uses more than #dj percent of the energy of the ,nation2 7#b7 emerging building energy monitoring and control technologies are enabling a transition of the building sector to smart buildings that have dramatically reduced energy use and improved quality of service to occupants2 7#c7 an analysis of select private-sector smart buildings by the ,department of ,energy would document the costs and benefits of those emerging technologies1 promote their adoption1 and accelerate that transition2 7#d7 with over #djj1jjj buildings1 the ,federal ,government is the largest building owner in the ,united ,states2 and 7#e7 the ,federal ,government can also accelerate the transition to smart building technologies by demonstrating and evaluating emerging smart building technologies using existing programs and funding to showcase selected ,federal smart buildings4 #cbbjc4 ,definitions ,in this part3 7#a7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#b7 ,smart building ,the term smart building means a building with an energy system that-- 7,a7 is flexible and automated2 7,b7 has extensive operational monitoring and communication connectivity1 allowing remote monitoring and analysis of all building functions2 7,c7 is integrated with the overall building operations for control of energy generation1 consumption1 and storage2 and 7,d7 communicates with utilities and other third-party commercial entities where appropriate4 #cbbjd4 ,survey of private sector smart buildings 7a7 ,survey ,the ,secretary shall conduct a survey of privately owned smart buildings throughout the ,nation1 including commercial buildings and buildings owned by nonprofit organizations and institutions of higher education4 7b7 ,selection ,from among the smart buildings surveyed under subsection 7a71 the ,secretary shall select at least #a building each from an appropriate range of building sizes and types4 7c7 ,evaluation ,using the guidelines of the ,federal ,energy ,management ,program relating to whole-building evaluation1 measurement1 and verification1 the ,secretary shall evaluate the costs and benefits of the buildings selected under subsection 7b71 including an identification of-- 7#a7 which advanced building technologies-- 7,a7 are most cost-effective2 and 7,b7 show the most potential to-- 7i7 increase building energy savings2 7ii7 increase service performance to building occupants2 and 7iii7 reduce environmental impacts2 and 7#b7 any other information the ,secretary determines to be appropriate4 #cbbje4 ,federal smart building program 7a7 ,establishment ,the ,secretary shall establish a program to establish one or more smart buildings under the jurisdiction of several key ,federal agencies1 including buildings that are owned by the ,federal ,government but are commercially operated1 to demonstrate the costs and benefits of smart buildings4 7b7 ,federal agency described ,the key ,federal agencies referred to in subsection 7a7 shall include-- 7#a7 the ,department of ,defense2 7#b7 the ,department of ,energy2 7#c7 the ,department of ,veterans ,affairs2 and 7#d7 the ,general ,services ,administration4 7c7 ,requirement ,in carrying out the program1 the ,secretary shall leverage existing procurement mechanisms4 7d7 ,evaluation ,using the guidelines of the ,federal ,energy ,management ,program relating to whole-building evaluation1 measurement1 and verification1 the ,secretary shall evaluate the costs and benefits of the buildings selected under this section including an identification of-- 7#a7 which advanced building technologies-- 7,a7 are most cost-effective2 and 7,b7 show the most potential to-- 7i7 increase building energy savings2 7ii7 increase service performance to building occupants2 and 7iii7 reduce environmental impacts2 and 7#b7 any other information the ,secretary determines to be appropriate4 #cbbjf4 ,leveraging existing programs 7a7 ,better ,building ,challenge ,as part of the ,better ,building ,challenge of the ,department of ,energy1 the ,secretary shall develop a smart building accelerator in consultation with major private sector property owners to demonstrate innovative policies and approaches that will accelerate the transition to smart buildings4 7b7 ,research and development 7#a7 ,in general ,the ,secretary shall conduct research and development to address key barriers to the integration of advanced building technologies and to accelerate the transition to smart buildings4 7#b7 ,inclusion ,the research and development conducted under paragraph 7#a7 shall include research and development on-- 7,a7 physical components1 such as sensors and controls2 7,b7 reducing the cost of key components to accelerate the adoption of smart building technologies2 7,c7 data management1 including the capture and analysis of data and the interoperability of the energy systems2 7,d7 business models1 including how business models may limit the adoption of smart building technologies and how to support transactive energy2 7,e7 the characterization of buildings and components2 7,f7 consumer and utility protections2 7,g7 continuous management1 including the challenges of managing multiple energy systems and optimizing systems for disparate stakeholders2 and 7,h7 other areas of research and development1 as determined appropriate by the ,secretary4 #cbbjg4 ,report ,not later than #ah months after the date of enactment of 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-- 7#a7 the survey and evaluation of private sector smart buildings carried out under section #cbbjd2 7#b7 the evaluation of ,federal smart buildings carried out under section #cbbje2 and 7#c7 any recommendations of the ,secretary to further accelerate the transition to smart buildings4 #c ,weatherization ,assistance and ,state ,energy ,programs #cbcja4 ,weatherization assistance and ,state energy programs 7a7 ,reauthorization of weatherization assistance program ,section #dbb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhgb7 is amended by striking appropriated-- and all that follows through #bjab44 and inserting appropriated #dej1jjj1jjj for each of fiscal years #bjah through #bjbb44 7b7 ,reauthorization of ,state energy programs ,section #cfe7;f7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;f77 is amended by striking #abe1jjj1jjj for each of fiscal years #bjjg through #bjab and inserting #ij1jjj1jjj for each of fiscal years #bjah through #bjbb4 #d ,smart ,energy and ,water ,efficiency #cbdja4 ,short title ,this part may be cited as the ,smart ,energy and ,water ,efficiency ,act of #bjag4 #cbdjb4 ,smart energy and water efficiency pilot program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a utility2 7,b7 a municipality2 7,c7 a water district2 and 7,d7 any other authority that provides water1 wastewater1 or water reuse services4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#c7 ,smart energy and water efficiency pilot program ,the term smart energy and water efficiency pilot program or pilot program means the pilot program established under subsection 7b74 7b7 ,smart energy and water efficiency pilot program 7#a7 ,in general ,the ,secretary shall establish and carry out a smart energy and water efficiency management pilot program in accordance with this section4 7#b7 ,purpose ,the purpose of the smart energy and water efficiency pilot program is to award grants to eligible entities to demonstrate advanced and innovative technology-based solutions that will-- 7,a7 increase and improve the energy efficiency of water1 wastewater1 and water reuse systems to help communities across the ,united ,states make significant progress in conserving water1 saving energy1 and reducing costs2 7,b7 support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water2 and 7,c7 improve energy and water conservation1 water quality1 and predictive maintenance of energy and water systems1 through the use of ,internet-connected technologies1 including sensors1 intelligent gateways1 and security embedded in hardware4 7#c7 ,project selection 7,a7 ,in general ,the ,secretary shall make competitive1 merit-reviewed grants under the pilot program to not less than #c1 but not more than #e1 eligible entities4 7,b7 ,selection criteria ,in selecting an eligible entity to receive a grant under the pilot program1 the ,secretary shall consider-- 7i7 energy and cost savings anticipated to result from the project2 7ii7 the innovative nature1 commercial viability1 and reliability of the technology to be used2 7iii7 the degree to which the project integrates next-generation sensors1 software1 hardware1 analytics1 and management tools2 7iv7 the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings1 water savings or reuse1 and infrastructure costs averted2 7v7 whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale1 including whether the technology can be implemented by each type of eligible entity2 7vi7 whether the technology has been successfully deployed elsewhere2 7vii7 whether the technology is sourced from a manufacturer based in the ,united ,states2 and 7viii7 whether the project will be completed in #e years or less4 7,c7 ,applications 7i7 ,in general ,subject to clause 7ii71 an eligible entity seeking a grant under the pilot program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary determines to be necessary4 7ii7 ,contents ,an application under clause 7i7 shall1 at a minimum1 include-- 7,i7 a description of the project2 7,,ii7 a description of the technology to be used in the project2 7,,iii7 the anticipated results1 including energy and water savings1 of the project2 7,,iv7 a comprehensive budget for the project2 and 7,v7 the number of households or customers to be served by the project4 7#d7 ,administration 7,a7 ,in general ,not later than #cjj days after the date of enactment of this ,act1 the ,secretary shall select grant recipients under this section4 7,b7 ,evaluations ,the ,secretary shall annually for #e years carry out an evaluation of each project for which a grant is provided under this section that-- 7i7 evaluates the progress and impact of the project2 and 7ii7 assesses the degree to which the project is meeting the goals of the pilot program4 7,c7 ,technical and policy assistance ,on the request of a grant recipient1 the ,secretary shall provide technical and policy assistance to the grant recipient to carry out the project4 7,d7 ,best practices ,the ,secretary shall make available to the public-- 7i7 a copy of each evaluation carried out under subparagraph 7,b72 and 7ii7 a description of any best practices identified by the ,secretary as a result of those evaluations4 7,e7 ,report to ,congress ,not later than #e years after the establishment of the program1 the ,secretary shall submit to ,congress a report containing the results of each evaluation carried out under subparagraph 7,b74 7c7 ,authorization of appropriations ,there is authorized to be appropriated #ae1jjj1jjj to carry out this section1 to remain available until expended4 #e ,diesel ,emissions ,reduction #cbeja4 ,short title ,this part may be cited as the ,diesel ,emissions ,reduction ,act of #bjag4 #cbejb4 ,reauthorization of diesel emissions reduction program ,section #gig7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afacg7;a77 is amended-- 7#a7 by striking #ajj1jjj1jjj and inserting #bjj1jjj1jjj2 and 7#b7 by striking #bjaf and inserting #bjbb4 #f ,energy ,improvements at ,public ,school ,facilities #cbfja4 ,grants for energy efficiency improvements and renewable energy improvements at public school facilities 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means a consortium of-- 7,a7 one local educational agency2 and 7,b7 one or more-- 7i7 schools2 7ii7 nonprofit organizations2 7iii7 for-profit organizations2 or 7iv7 community partners that have the knowledge and capacity to partner and assist with energy improvements4 7#b7 ,energy improvements ,the term energy improvements means-- 7,a7 any improvement1 repair1 or renovation1 to a school that will result in a direct reduction in school energy costs including but not limited to improvements to building envelope1 air conditioning1 ventilation1 heating system1 domestic hot water heating1 compressed air systems1 distribution systems1 lighting1 power systems and controls2 7,b7 any improvement1 repair1 renovation1 or installation that leads to an improvement in teacher and student health including but not limited to indoor air quality1 daylighting1 ventilation1 electrical lighting1 and acoustics2 and 7,c7 the installation of renewable energy technologies 7such as wind power1 photovoltaics1 solar thermal systems1 geothermal energy1 hydrogen-fueled systems1 biomass-based systems1 biofuels1 anaerobic digesters1 and hydropower7 involved in the improvement1 repair1 or renovation to a school4 7b7 ,authority ,from amounts made available for grants under this section1 the ,secretary of ,energy shall provide competitive grants to eligible entities to make energy improvements authorized by this section4 7c7 ,priority ,in making grants under this subsection1 the ,secretary shall give priority to eligible entities that have renovation1 repair1 and improvement funding needs and are-- 7#a7 a high-need local educational agency1 as defined in section #bajb of the ,elementary and ,secondary ,education ,act of #aife 7#bj #ad ,u4,s4,c4 #ffjb72 or 7#b7 a local educational agency designated with a metrocentric locale code of #da1 #db1 or #dc as determined by the ,national ,center for ,education ,statistics 7,,nces71 in conjunction with the ,bureau of the ,census1 using the ,,nces system for classifying local educational agencies4 7d7 ,competitive criteria ,the competitive criteria used by the ,secretary shall include the following3 7#a7 ,the fiscal capacity of the eligible entity to meet the needs for improvements of school facilities without assistance under this section1 including the ability of the eligible entity to raise funds through the use of local bonding capacity and otherwise4 7#b7 ,the likelihood that the local educational agency or eligible entity will maintain1 in good condition1 any facility whose improvement is assisted4 7#c7 ,the potential energy efficiency and safety benefits from the proposed energy improvements4 7e7 ,applications ,to be eligible to receive a grant under this section1 an applicant must submit to the ,secretary an application that includes each of the following3 7#a7 ,a needs assessment of the current condition of the school and facilities that are to receive the energy improvements4 7#b7 ,a draft work plan of what the applicant hopes to achieve at the school and a description of the energy improvements to be carried out4 7#c7 ,a description of the applicant's capacity to provide services and comprehensive support to make the energy improvements4 7#d7 ,an assessment of the applicant's expected needs for operation and maintenance training funds1 and a plan for use of those funds1 if any4 7#e7 ,an assessment of the expected energy efficiency and safety benefits of the energy improvements4 7#f7 ,a cost estimate of the proposed energy improvements4 7#g7 ,an identification of other resources that are available to carry out the activities for which funds are requested under this section1 including the availability of utility programs and public benefit funds4 7f7 ,use of grant amounts 7#a7 ,in general ,the recipient of a grant under this section shall use the grant amounts only to make the energy improvements contemplated in the application1 subject to the other provisions of this subsection4 7#b7 ,operation and maintenance training ,the recipient may use up to #e percent for operation and maintenance training for energy efficiency and renewable energy improvements 7such as maintenance staff and teacher training1 education1 and preventative maintenance training74 7#c7 ,audit ,the recipient may use funds for a third-party investigation and analysis for energy improvements 7such as energy audits and existing building commissioning74 7#d7 ,continuing education ,the recipient may use up to #a percent of the grant amounts to develop a continuing education curriculum relating to energy improvements4 7g7 ,contracting requirements 7#a7 ,davis-bacon ,any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the ,secretary of ,labor under subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7#b7 ,competition ,each applicant that receives funds shall ensure that1 if the applicant carries out repair or renovation through a contract1 any such contract process-- 7,a7 ensures the maximum number of qualified bidders1 including small1 minority1 and women-owned businesses1 through full and open competition2 and 7,b7 gives priority to businesses located in1 or resources common to1 the ,state or the geographical area in which the project is carried out4 7h7 ,reporting ,each recipient of a grant under this section shall submit to the ,secretary1 at such time as the ,secretary may require1 a report describing the use of such funds for energy improvements1 the estimated cost savings realized by those energy improvements1 the results of any audit1 the use of any utility programs and public benefit funds and the use of performance tracking for energy improvements 7such as the ,department of ,energy3 ,energy ,star program or ,,leed for ,existing ,buildings74 7i7 ,best practices ,the ,secretary shall develop and publish guidelines and best practices for activities carried out under this section4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjj for each of fiscal years #bjah through #bjbb4 ,c ,energy ,supply ,infrastructure #a ,low-,income ,solar #ccaja4 ,short title ,this part may be cited as the ,low-,income ,solar ,act of #bjag4 #ccajb4 ,loan and grant program for solar installations in low-income and underserved areas 7a7 ,definitions ,in this section3 7#a7 ,administrative expenses ,the term administrative expenses has such meaning as may be established by the ,secretary4 7#b7 ,community solar facility ,the term community solar facility means a photovoltaic solar electricity generating facility that1 as determined by the ,secretary-- 7,a7 through a voluntary program1 provides electric power or financial benefit to1 or is owned by1 multiple community members2 7,b7 has a nameplate rating of #b megawatts or less2 7,c7 is located in or near a community of subscribers2 and 7,d7 the owner or operator of which reserves not less than #be percent of the quantity of electricity generated by the facility for low-income households that are subscribers to the facility4 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 a low-income household2 7,b7 a unit of ,state1 territorial1 or local government2 7,c7 an ,indian ,tribe2 7,d7 a ,native ,hawaiian community-based organization2 7,e7 any other national or regional entity that-- 7i7 deploys a safe1 high-quality photovoltaic solar electricity generating facility for consumers under a model that maximizes energy savings to those consumers2 and 7ii7 has experience1 as determined by the ,secretary1 installing solar systems using a job training or community volunteer-based installation model2 and 7,f7 for the loan program only1 in addition to entities described in subsections 7,a7 through 7,e71 a private entity that-- 7i7 deploys a safe1 high-quality photovoltaic solar electricity generating facility for consumers under a model that maximizes energy savings to those consumers2 and 7ii7 will install solar systems using a job training installation model4 7#d7 ,grant-eligible household ,the term grant-eligible household means a low-income household the members of which reside in an owner-occupied home4 7#e7 ,indian ,tribe ,the term ,indian ,tribe means any ,indian ,tribe1 band1 nation1 or other organized group or community1 including any ,alaska ,native village1 ,regional ,corporation1 or ,village ,corporation 7as defined in1 or established pursuant to1 the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq4771 that is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians4 7#f7 ,low-income household ,the term low-income household means a household with an income equal to #hj percent or less of the applicable area median income1 as defined for the applicable year by the ,secretary of ,housing and ,urban ,development4 7#g7 ,multi-family affordable housing ,the term multi-family affordable housing means any federally subsidized affordable housing complex in which at least #ej percent of the units are reserved for low-income households4 7#h7 ,native ,hawaiian community-based organization ,the term ,native ,hawaiian community-based organization means any organization that is composed primarily of ,native ,hawaiians from a specific community and that assists in the social1 cultural1 and educational development of ,native ,hawaiians in that community4 7#i7 ,photovoltaic solar electricity generating facility ,the term photovoltaic solar electricity generating facility means-- 7,a7 a generator that creates electricity from light photons2 and 7,b7 the accompanying hardware enabling that electricity to flow-- 7i7 onto the electric grid2 or 7ii7 into an energy storage device4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#aa7 ,subscriber ,the term subscriber means an electricity consumer who owns a subscription1 or an equivalent unit or share of the capacity or generation1 of a community solar facility4 7#ab7 ,subscription ,the term subscription means a share in the capacity1 or a proportional interest in the solar electricity generation1 of a community solar facility4 7#ac7 ,underserved area ,the term underserved area means-- 7,a7 a geographical area with low or no photovoltaic solar deployment1 as determined by the ,secretary2 or 7,b7 trust land1 as defined in section #cgfe of title #ch1 ,united ,states ,code4 7b7 ,establishment of loan and grant program 7#a7 ,in general ,the ,secretary shall establish a program under which the ,secretary shall provide loans and grants to eligible entities for use in accordance with this section4 7#b7 ,funding 7,a7 ,in general ,subject to the availability of appropriations1 the ,secretary shall make grants and issue loans in accordance with this subsection4 7,b7 ,loans ,not more than #ej percent of funds made available pursuant to subparagraph 7,a7 for a fiscal year shall be used to provide loans to eligible entities for-- 7i7 construction or installation of community solar facilities2 or 7ii7 construction or installation of photovoltaic solar electricity generating facilities to serve multi-family affordable housing4 7,c7 ,grants ,after allocating amounts to carry out subparagraph 7,b71 the ,secretary shall use the remaining funds made available pursuant to subparagraph 7,a7 for a fiscal year to provide grants to eligible entities for eligible uses described in subsection 7e74 7#c7 ,goals and accountability ,in providing loans and grants under this subsection1 the ,secretary shall take such actions as may be necessary to ensure that-- 7,a7 the assistance provided under this subsection is used to facilitate and encourage innovative solar installation and financing models1 under which the recipients develop and install photovoltaic solar electricity generating facilities that provide significant savings to low-income households while providing job training or community engagement opportunities with respect to each solar system installed2 7,b7 the photovoltaic solar electricity generating facilities installed using assistance provided under this subsection are safe1 high-quality systems that comply with local building and safety codes and standards2 7,c7 the program under this section establishes and fosters a partnership between the ,federal ,government and eligible entities1 resulting in efficient development of solar installations with-- 7i7 minimal governmental intervention2 7ii7 limited governmental regulation2 and 7iii7 significant involvement by nonprofit and private entities2 7,d7 photovoltaic solar electricity generating facilities installed using assistance provided under this subsection-- 7i7 include job training and community participation to the extent practicable2 and 7ii7 may include community participation in which job trainees and volunteers assist in the development of solar projects2 7,e7 assistance provided under this subsection prioritizes development in underserved areas2 7,f7 photovoltaic solar electricity generating facilities are developed using assistance provided under this subsection on a geographically diverse basis among the eligible entities2 and 7,g7 to the maximum extent practicable1 solar installation activities for which assistance is provided under this section leverage1 or connect grant-eligible households to1 federally or locally subsidized weatherization and energy efficiency efforts that meet or exceed local energy efficiency standards4 7c7 ,national competition 7#a7 ,in general ,the ,secretary shall select eligible entities to receive loans or grants under this section through a nationwide competitive process1 to be established by the ,secretary4 7#b7 ,applications ,to be eligible to receive a loan or grant under this section1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,requirements ,in selecting eligible entities to receive loans or grants under this section1 the ,secretary shall1 at a minimum-- 7,a7 require that the eligible entity-- 7i7 enter into a grant or loan agreement1 as applicable1 under subsection 7d72 and 7ii7 has obtained financial commitments 7or has demonstrated the capacity to obtain financial commitments7 necessary to comply with that agreement2 7,b7 ensure that loans and grants are provided1 and amounts are used1 in a manner that results in geographical diversity throughout the ,united ,states and within ,states1 territories1 and ,indian tribal land among photovoltaic solar electricity generating facilities installed using the assistance provided under this section2 7,c7 to the maximum extent practicable1 expand photovoltaic solar energy availability to-- 7i7 geographical areas1 throughout the ,united ,states and within ,states1 territories1 and ,indian tribal land1 with-- 7,i7 low photovoltaic solar penetration2 or 7,,ii7 areas with a higher cost burden with respect to the deployment or installation of photovoltaic solar electricity generating facilities2 7ii7 rural areas2 7iii7 ,indian tribes2 and 7iv7 other underserved areas1 including ,appalachian and ,alaska ,native communities2 7,d7 take into account the warranty period and quality of the applicable photovoltaic solar electricity generating facility equipment and any necessary interconnecting equipment2 and 7,e7 ensure all calculations for estimated household energy savings are based solely on electricity offsets from the photovoltaic solar electricity generating facilities4 7d7 ,loan and grant agreements 7#a7 ,in general ,as a condition of receiving a loan or grant under this section1 an eligible entity shall enter into a loan or grant agreement1 as applicable1 with the ,secretary4 7#b7 ,requirements ,a loan or grant agreement under this subsection shall-- 7,a7 require the ,secretary to rescind any amounts provided to the eligible entity that are not used during the #b-year period beginning on the date on which the amounts are initially distributed to the eligible entity1 except in any case in which the eligible entity has demonstrated to the satisfaction of the ,secretary that a longer period1 not to exceed #c years after the date of initial distribution1 is necessary to deliver proposed services2 7,b7 for a loan provided under this section1 establish-- 7i7 an interest rate equal to the then-current cost of funds to the ,department of the ,treasury for obligations of comparable maturity to the loan2 and 7ii7 a payout time that maximizes the savings to subscribers during the effective period of the agreement2 and 7,c7 contain such other terms as the ,secretary may require to ensure compliance with the requirements of this section4 7e7 ,use ,an eligible entity shall use a loan or grant provided under this section only for the following activities1 for the purpose of developing new photovoltaic solar electricity generating facilities in the ,united ,states for low-income households and individuals who otherwise would likely be unable to afford or purchase photovoltaic solar electricity generating facilities3 7#a7 ,photovoltaic solar equipment and installation ,to pay the costs of-- 7,a7 photovoltaic solar equipment and storage and all hardware or software components relating to safely producing1 monitoring1 and connecting the system to the electric grid or onsite storage2 and 7,b7 installation1 including all direct labor costs associated with installing the photovoltaic solar equipment and storage4 7#b7 ,job training ,to fund onsite job training and community or volunteer engagement1 including-- 7,a7 job training costs directly associated with the solar projects funded under this section2 and 7,b7 job training opportunities that may cover the full range of the solar value chain1 such as marketing and outreach1 customer acquisition1 system design1 and installation positions4 7#c7 ,deployment support ,to fund entities that have a demonstrated ability1 as determined by the ,secretary-- 7,a7 to advise ,state and local entities regarding low-income solar policy1 regulatory1 and program design to continue and expand the work of the entities2 7,b7 to foster community outreach and education regarding the benefits of photovoltaic solar energy for low-income and disadvantaged communities2 or 7,c7 to provide apprenticeship program opportunities registered and approved by-- 7i7 the ,office of ,apprenticeship of the ,department of ,labor pursuant to part #bi of title #bi1 ,code of ,federal ,regulations 7or successor regulations72 or 7ii7 a ,state ,apprenticeship ,agency recognized by that ,office4 7#d7 ,administration ,to pay the administrative expenses of the eligible entity1 including preproject feasibility efforts1 associated with delivering proposed services1 subject to the requirement that not more than #ae percent of the total amount of the assistance provided to the eligible entity under this section may be used for administrative expenses4 7f7 ,compliance 7#a7 ,records and audits ,during the period beginning on the date of initial distribution to an eligible entity of a loan or grant under this section and ending on the termination date of the loan or grant under subsection 7g71 the eligible entity shall maintain such records and adopt such administrative practices as the ,secretary may require to ensure compliance with the requirements of this section and the applicable loan or grant agreement4 7#b7 ,determination by ,secretary ,if the ,secretary determines that an eligible entity that receives a grant or loan under this section has not1 during the #b-year period beginning on the date of initial distribution to the eligible entity of the assistance 7or such longer period as is established under subsection 7d77#b77;,b771 substantially fulfilled the obligations of the eligible entity under the applicable loan or grant agreement1 the ,secretary shall-- 7,a7 rescind the balance of any funds distributed to1 but not used by1 the eligible entity under this section2 and 7,b7 use those amounts to provide other loans or grants in accordance with this section4 7g7 ,termination ,the ,secretary shall terminate a loan or grant provided under this section on a determination that the total amount of the loan or grant 7excluding any interest1 fees1 and other earnings of the loan or grant7 has been-- 7#a7 fully expended by the eligible entity2 or 7#b7 returned to the ,secretary4 7h7 ,regulations ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall promulgate such regulations as the ,secretary determines to be necessary to carry out this section1 to take effect on the date of promulgation4 7i7 ,funding ,there is authorized to be appropriated to the ,secretary to carry out this section #bjj1jjj1jjj for each of fiscal years #bjah through #bjbb1 to remain available until expended4 #b ,safe1 affordable1 and environmentally sound natural gas distribution #ccbja4 ,improving the natural gas distribution system 7a7 ,establishment of program ,the ,secretary of ,energy shall establish a program to award grants to ,states1 in accordance with this section1 for the purpose of providing incentives for natural gas distribution companies to improve the public safety and environmental performance of the natural gas distribution system4 7b7 ,grants to ,states 7#a7 ,in general ,a ,state may apply for a grant under this section to provide funds to natural gas distribution companies in the ,state that are carrying out an eligible project4 7#b7 ,requirements ,in applying for a grant under this section1 a ,state shall demonstrate how the ,state rate-setting program will ensure that funds provided to natural gas distribution companies under this section are used in accordance with the requirements of this section4 7c7 ,eligible projects ,a project that is eligible to be funded through a grant to a ,state under this section is a project carried out by a natural gas distribution company to accelerate1 expand1 or enhance the implementation of a plan approved by the ,state before the date of enactment of this section for-- 7#a7 replacement of cast and wrought iron and bare steel pipes and other leak-prone components of the natural gas distribution system2 or 7#b7 inspection and maintenance programs for the natural gas distribution system4 7d7 ,rate assistance ,a natural gas distribution company receiving funds through a grant to a ,state under this section may use such funds only to offset the near-term incremental costs1 as reflected in rate increases to low-income households1 of the eligible project4 7e7 ,limit to transitional assistance ,a ,state may provide funds to a natural gas company under this section for a period not to exceed #d years4 7f7 ,prioritization ,in awarding grants under this section1 the ,secretary shall prioritize applications based on the expected results of the ,state proposal with respect to-- 7#a7 quantifiable benefits for public safety2 7#b7 the magnitude of methane emissions reductions2 7#c7 innovation in technical or policy approaches2 7#d7 the number of low-income households anticipated to benefit from the assistance2 and 7#e7 overall cost-effectiveness4 7g7 ,auditing and reporting requirements ,the ,secretary shall establish auditing and reporting requirements for ,states with respect to grants awarded under this section4 7h7 ,definitions ,in this section3 7#a7 ,low-income household ,the term low-income household means a household that is eligible to receive payments under section #bfje7;b77#b7 of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbd7;b77#b774 7#b7 ,natural gas distribution company ,the term natural gas distribution company means a person or municipality engaged in the local distribution of natural gas to the public4 7#c7 ,natural gas distribution system ,the term natural gas distribution system means the facilities used for the local distribution of natural gas4 7i7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section #aej1jjj1jjj per fiscal year1 with the total amount not to exceed #a1ejj1jjj1jjj4 #c ,clean ,distributed ,energy ,program #cccja4 ,short title ,this part may be cited as the ,local ,energy ,supply and ,resiliency ,act of #bjag4 #cccjb4 ,definitions ,in this part3 7#a7 ,combined heat and power system ,the term combined heat and power system means generation of electric energy and heat in a single1 integrated system that meets the efficiency criteria in clauses 7ii7 and 7iii7 of section #dh7;c77#c77;,a7 of the ,internal ,revenue ,code of #aihf1 under which heat that is conventionally rejected is recovered and used to meet thermal energy requirements4 7#b7 ,demand response ,the term demand response means changes in electric usage by electric utility customers from the normal consumption patterns of the customers in response to-- 7,a7 changes in the price of electricity over time2 or 7,b7 incentive payments designed to induce lower electricity use at times of high wholesale market prices or when system reliability is jeopardized4 7#c7 ,distributed energy ,the term distributed energy means energy sources and systems that-- 7,a7 produce electric or thermal energy close to the point of use using renewable energy resources or waste thermal energy2 7,b7 generate electricity using a combined heat and power system2 7,c7 distribute electricity in microgrids2 7,d7 store electric or thermal energy2 or 7,e7 distribute thermal energy or transfer thermal energy to building heating and cooling systems through a district energy system4 7#d7 ,district energy system ,the term district energy system means a system that provides thermal energy to buildings and other energy consumers from one or more plants to individual buildings to provide space heating1 air conditioning1 domestic hot water1 industrial process energy1 and other end uses4 7#e7 ,islanding ,the term islanding means a distributed generator or energy storage device continuing to power a location in the absence of electric power from the primary source4 7#f7 ,loan ,the term loan has the meaning given the term direct loan in section #ejb of the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa;a74 7#g7 ,microgrid ,the term microgrid means an integrated energy system consisting of interconnected loads and distributed energy resources1 including generators and energy storage devices1 within clearly defined electrical boundaries that-- 7,a7 acts as a single controllable entity with respect to the grid2 and 7,b7 can connect and disconnect from the grid to operate in both grid-connected mode and island mode4 7#h7 ,renewable energy resource ,the term renewable energy resource includes-- 7,a7 biomass2 7,b7 geothermal energy2 7,c7 hydropower2 7,d7 landfill gas2 7,e7 municipal solid waste2 7,f7 ocean 7including tidal1 wave1 current1 and thermal7 energy2 7,g7 organic waste2 7,h7 photosynthetic processes2 7,i7 photovoltaic energy2 7,j7 solar energy2 and 7,k7 wind4 7#i7 ,renewable thermal energy ,the term renewable thermal energy means heating or cooling energy derived from a renewable energy resource4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#aa7 ,thermal energy ,the term thermal energy means-- 7,a7 heating energy in the form of hot water or steam that is used to provide space heating1 domestic hot water1 or process heat2 or 7,b7 cooling energy in the form of chilled water1 ice1 or other media that is used to provide air conditioning1 or process cooling4 7#ab7 ,waste thermal energy ,the term waste thermal energy means energy that-- 7,a7 is contained in-- 7i7 exhaust gases1 exhaust steam1 condenser water1 jacket cooling heat1 or lubricating oil in power generation systems2 7ii7 exhaust heat1 hot liquids1 or flared gas from any industrial process2 7iii7 waste gas or industrial tail gas that would otherwise be flared1 incinerated1 or vented2 7iv7 a pressure drop in any gas1 excluding any pressure drop to a condenser that subsequently vents the resulting heat2 7v7 condenser water from chilled water or refrigeration plants2 or 7vi7 any other form of waste energy1 as determined by the ,secretary2 and 7,b7 7i7 in the case of an existing facility1 is not being used2 or 7ii7 in the case of a new facility1 is not conventionally used in comparable systems4 #cccjc4 ,distributed energy loan program 7a7 ,loan program 7#a7 ,in general ,subject to the provisions of this subsection and subsections 7b7 and 7c71 the ,secretary shall establish a program to provide to eligible entities-- 7,a7 loans for the deployment of distributed energy systems in a specific project2 and 7,b7 loans to provide funding for programs to finance the deployment of multiple distributed energy systems through a revolving loan fund1 credit enhancement program1 or other financial assistance program4 7#b7 ,eligibility ,entities eligible to receive a loan under paragraph 7#a7 include-- 7,a7 a ,state1 territory1 or possession of the ,united ,states2 7,b7 a ,state energy office2 7,c7 a tribal organization 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7,d7 an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 and 7,e7 an electric utility1 including-- 7i7 a rural electric cooperative2 7ii7 a municipally owned electric utility2 and 7iii7 an investor-owned utility4 7#c7 ,selection requirements ,in selecting eligible entities to receive loans under this section1 the ,secretary shall1 to the maximum extent practicable1 ensure-- 7,a7 regional diversity among eligible entities to receive loans under this section1 including participation by rural ,states and small ,states2 and 7,b7 that specific projects selected for loans-- 7i7 expand on the existing technology deployment program of the ,department of ,energy2 and 7ii7 are designed to achieve one or more of the objectives described in paragraph 7#d74 7#d7 ,objectives ,each deployment selected for a loan under paragraph 7#a7 shall promote one or more of the following objectives3 7,a7 ,improved security and resiliency of energy supply in the event of disruptions caused by extreme weather events1 grid equipment or software failure1 or terrorist acts4 7,b7 ,implementation of distributed energy in order to increase use of local renewable energy resources and waste thermal energy sources4 7,c7 ,enhanced feasibility of microgrids1 demand response1 or islanding4 7,d7 ,enhanced management of peak loads for consumers and the grid4 7,e7 ,enhanced reliability in rural areas1 including high energy cost rural areas4 7#e7 ,restriction on use of funds ,any eligible entity that receives a loan under paragraph 7#a7 may only use the loan to fund programs relating to the deployment of distributed energy systems4 7b7 ,loan terms and conditions 7#a7 ,terms and conditions ,notwithstanding any other provision of law1 in providing a loan under this section1 the ,secretary shall provide the loan on such terms and conditions as the ,secretary determines1 after consultation with the ,secretary of the ,treasury1 in accordance with this section4 7#b7 ,specific appropriation ,no loan shall be made unless an appropriation for the full amount of the loan has been specifically provided for that purpose4 7#c7 ,repayment ,no loan shall be made unless the ,secretary determines that there is reasonable prospect of repayment of the principal and interest by the borrower of the loan4 7#d7 ,interest rate ,a loan provided under this section shall bear interest at a fixed rate that is equal or approximately equal1 in the determination of the ,secretary1 to the interest rate for ,treasury securities of comparable maturity4 7#e7 ,term ,the term of the loan shall require full repayment over a period not to exceed the lesser of-- 7,a7 #bj years2 or 7,b7 #ij percent of the projected useful life of the physical asset to be financed by the loan 7as determined by the ,secretary74 7#f7 ,use of payments ,payments of principal and interest on the loan shall-- 7,a7 be retained by the ,secretary to support energy research and development activities2 and 7,b7 remain available until expended1 subject to such conditions as are contained in annual appropriations ,acts4 7#g7 ,no penalty on early repayment ,the ,secretary may not assess any penalty for early repayment of a loan provided under this section4 7#h7 ,return of unused portion ,in order to receive a loan under this section1 an eligible entity shall agree to return to the general fund of the ,treasury any portion of the loan amount that is unused by the eligible entity within a reasonable period of time after the date of the disbursement of the loan1 as determined by the ,secretary4 7#i7 ,comparable wage rates ,each laborer and mechanic employed by a contractor or subcontractor in performance of construction work financed1 in whole or in part1 by the loan shall be paid wages at rates not less than the rates prevailing on similar construction in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7c7 ,rules and procedures2 disbursement of loans 7#a7 ,rules and procedures ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall adopt rules and procedures for carrying out the loan program under subsection 7a74 7#b7 ,disbursement of loans ,not later than #a year after the date on which the rules and procedures under paragraph 7#a7 are established1 the ,secretary shall disburse the initial loans provided under this section4 7d7 ,reports ,not later than #b years after the date of receipt of the loan1 and annually thereafter for the term of the loan1 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 loan1 including itemized loan performance data4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as are necessary4 #cccjd4 ,technical assistance and grant program 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a technical assistance and grant program 7referred to in this section as the program7-- 7,a7 to disseminate information and provide technical assistance directly to eligible entities so the eligible entities can identify1 evaluate1 plan1 and design distributed energy systems2 and 7,b7 to make grants to eligible entities so that the eligible entities may contract to obtain technical assistance to identify1 evaluate1 plan1 and design distributed energy systems4 7#b7 ,technical assistance ,the technical assistance described in paragraph 7#a7 shall include assistance with one or more of the following activities relating to distributed energy systems3 7,a7 ,identification of opportunities to use distributed energy systems4 7,b7 ,assessment of technical and economic characteristics4 7,c7 ,utility interconnection4 7,d7 ,permitting and siting issues4 7,e7 ,business planning and financial analysis4 7,f7 ,engineering design4 7#c7 ,information dissemination ,the information disseminated under paragraph 7#a77;,a7 shall include-- 7,a7 information relating to the topics described in paragraph 7#b71 including case studies of successful examples2 7,b7 computer software and databases for assessment1 design1 and operation and maintenance of distributed energy systems2 and 7,c7 public databases that track the operation and deployment of existing and planned distributed energy systems4 7b7 ,eligibility ,any nonprofit or for-profit entity shall be eligible to receive technical assistance and grants under the program4 7c7 ,applications 7#a7 ,in general ,an eligible entity desiring technical assistance or grants under the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,application process ,the ,secretary shall seek applications for technical assistance and grants under the program-- 7,a7 on a competitive basis2 and 7,b7 on a periodic basis1 but not less frequently than once every #ab months4 7#c7 ,priorities ,in selecting eligible entities for technical assistance and grants under the program1 the ,secretary shall give priority to eligible entities with projects that have the greatest potential for-- 7,a7 facilitating the use of renewable energy resources2 7,b7 strengthening the reliability and resiliency of energy infrastructure to the impact of extreme weather events1 power grid failures1 and interruptions in supply of fossil fuels2 7,c7 improving the feasibility of microgrids or islanding1 particularly in rural areas1 including high energy cost rural areas2 7,d7 minimizing environmental impact1 including regulated air pollutants and greenhouse gas emissions2 and 7,e7 maximizing local job creation4 7d7 ,grants ,on application by an eligible entity1 the ,secretary may award grants to the eligible entity to provide funds to cover not more than-- 7#a7 #ajj percent of the costs of the initial assessment to identify opportunities2 7#b7 #ge percent of the cost of feasibility studies to assess the potential for the implementation2 7#c7 #fj percent of the cost of guidance on overcoming barriers to implementation1 including financial1 contracting1 siting1 and permitting issues2 and 7#d7 #de percent of the cost of detailed engineering4 7e7 ,rules and procedures 7#a7 ,rules ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall adopt rules and procedures for carrying out the program4 7#b7 ,grants ,not later than #abj days after the date of issuance of the rules and procedures for the program1 the ,secretary shall issue grants under this part4 7f7 ,reports ,the ,secretary shall submit to ,congress and make available to the public-- 7#a7 not less frequently than once every #b years1 a report describing the performance of the program under this section1 including a synthesis and analysis of the information provided in the reports submitted to the ,secretary under section #cccjc7;d72 and 7#b7 on termination of the program under this section1 an assessment of the success of1 and education provided by1 the measures carried out by eligible entities during the term of the program4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bej1jjj1jjj for the period of fiscal years #bjah through #bjbb1 to remain available until expended4 #d ,strategic ,petroleum ,reserve improvements #ccdja4 ,strategic ,petroleum ,reserve improvements ,there is authorized to be appropriated #d1jjj1jjj1jjj1 to remain available until expended1 for capital improvements on1 and maintenance of1 the ,strategic ,petroleum ,reserve established under part ,b of title ,i of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbca et seq47 to ensure that the ,reserve is operated and maintained in an environmentally sound manner4 #e ,southeast ,refined ,product ,reserve #cceja4 ,southeast ,refined ,product ,reserve 7a7 ,southeast ,refined ,product ,reserve ,title ,i of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbja et seq47 is amended by adding at the end the following3 ,e ,southeast ,refined ,product ,reserve #aia4 ,definitions ,in this part1 the following definitions apply3 7#a7 ,refined petroleum product ,the term refined petroleum product means gasoline and such other products as the ,secretary determines appropriate4 7#b7 ,reserve ,the term ,reserve means the ,southeast ,refined ,product ,reserve established under this part4 7#c7 ,southeast ,the term ,southeast means the ,states of ,north ,carolina1 ,south ,carolina1 ,georgia1 ,florida1 ,alabama1 and any other contiguous ,state that the ,secretary1 by rule1 determines to include4 #aib4 ,establishment 7a7 ,in general ,the ,secretary shall establish1 maintain1 and operate in the ,southeast a ,southeast ,refined ,product ,reserve1 which shall be a component of the ,strategic ,petroleum ,reserve established under part ,b of this title4 7b7 ,limitation ,a ,reserve established under this part shall contain no more than #a million barrels of refined petroleum products4 7c7 ,application of provisions ,except as otherwise provided in this part1 the authorities and requirements of part ,b of this title shall apply to the ,reserve4 #aic4 ,conditions for release2 plan 7a7 ,sale of products ,the ,secretary may sell refined petroleum products from the ,reserve upon a finding by the ,president that there exists1 or is likely to exist within the next #cj days1 a severe energy supply interruption4 ,such a finding may be made only if the ,president determines that-- 7#a7 a dislocation in the refined petroleum product market has resulted or is likely to result from such interruption2 or 7#b7 a circumstance1 other than that described in paragraph 7#a71 exists that constitutes a regional supply shortage of significant scope and duration and that action taken under this section would assist directly and significantly in reducing the adverse impact of such shortage4 7b7 ,release of petroleum ,after consultation with potentially affected parties1 the ,secretary shall determine procedures governing the release of refined petroleum products from the ,reserve4 ,the procedures shall provide that-- 7#a7 the ,secretary may-- 7,a7 sell refined petroleum products from the ,reserve through a competitive process2 or 7,b7 enter into exchange agreements for the refined petroleum products that results in the ,secretary receiving a greater volume of such products as repayment than the volume provided to the acquirer2 7#b7 in all sales or exchanges described in paragraph 7#a71 the ,secretary shall receive revenue or its equivalent in refined petroleum products that provides the ,department with fair market value2 7#c7 at no time may refined petroleum products be sold or exchanged resulting in a loss of revenue or value to the ,united ,states2 and 7#d7 the ,secretary shall only sell or dispose of refined petroleum products in the ,reserve to entities customarily engaged in the sale and distribution of such products4 7c7 ,plan ,not later than #fj days after the date of the enactment of this section1 the ,secretary shall transmit to the ,president and1 if the ,president approves1 to ,congress a plan describing-- 7#a7 the acquisition of storage and related facilities or storage services for the ,reserve1 including the potential use of storage facilities not currently in use2 7#b7 the acquisition of refined petroleum products for storage in the ,reserve2 7#c7 the anticipated methods of disposition of refined petroleum products from the ,reserve2 7#d7 the estimated costs of establishment1 maintenance1 and operation of the ,reserve2 7#e7 efforts the ,department will take to minimize any potential need for future drawdowns and ensure that distributors and importers are not discouraged from maintaining and increasing supplies to the ,southeast2 and 7#f7 actions to ensure quality of the refined petroleum products in the ,reserve4 #aid4 ,products for storage in the ,reserve 7a7 ,in general ,the ,secretary may acquire1 place in storage1 transport1 or exchange refined petroleum products acquired by purchase or exchange4 7b7 ,objectives ,the ,secretary shall1 to the greatest extent practicable1 acquire refined petroleum products for the ,reserve in a manner consonant with the following objectives3 7#a7 ,minimization of the cost of the ,reserve4 7#b7 ,minimization of the ,nation's vulnerability to a severe energy supply interruption4 7#c7 ,minimization of the impact of an acquisition of refined petroleum products on supply levels and market forces4 7#d7 ,encouragement of competition in the petroleum industry4 7b7 ,procedures ,the ,secretary shall develop1 with public notice and opportunity for comment1 procedures consistent with the objectives of this section to acquire refined petroleum products for the ,reserve4 ,such procedures shall take into account the need to-- 7#a7 maximize overall domestic supply of refined petroleum products 7including quantities stored in private sector inventories72 7#b7 avoid incurring excessive cost or appreciably affecting the price of petroleum products to consumers2 7#c7 minimize the costs to the ,department of ,energy in acquiring such refined petroleum products2 7#d7 protect national security2 7#e7 avoid adversely affecting current and futures prices1 supplies1 and inventories of refined petroleum products2 and 7#f7 address such other factors that the ,secretary determines to be appropriate4 7c7 ,severe energy supply disruption ,if the ,secretary finds that a severe energy supply interruption may be imminent1 the ,secretary may suspend the acquisition of refined petroleum products for the ,reserve and may sell any refined petroleum product acquired for1 and in transit to1 the ,reserve4 4 7b7 ,technical and conforming amendment ,the table of sections for title ,i of the ,energy ,policy and ,conservation ,act is amended by striking the items relating to the second part ,d1 including section #aha of such part1 and inserting the following3 ,part ,e--,southeast ,refined ,product ,reserve ,sec4 #aia4 ,definitions4 ,sec4 #aib4 ,establishment4 ,sec4 #aic4 ,conditions for release2 plan4 ,sec4 #aid4 ,products for storage in the ,reserve4 4 ,d ,smart ,communities ,infrastructure #cdjja4 #c;,c ,energy ,program 7a7 ,establishment ,the ,secretary of ,energy shall establish a program to be known as the ,cities1 ,counties1 and ,communities ,energy ,program 7or the #c;,c ,energy ,program7 to provide technical assistance and competitively awarded grants to local governments1 public housing authorities1 nonprofit organizations1 and other entities the ,secretary determines to be eligible1 to incorporate clean energy into community development and revitalization efforts4 7b7 ,best practice models ,the ,secretary of ,energy shall-- 7#a7 provide a recipient of technical assistance or a grant under the program established under subsection 7a7 with best practice models that are used in jurisdictions of similar size and situation2 and 7#b7 assist such recipient in developing and implementing strategies to achieve its clean energy technology goals4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjah through #bjbb4 #cdjjb4 ,federal technology assistance 7a7 ,smart city or community assistance pilot program 7#a7 ,in general ,the ,secretary of ,energy shall develop and implement a pilot program under which the ,secretary shall contract with the national laboratories to provide technical assistance to cities and communities1 to improve the access of such cities and communities to expertise1 competencies1 and infrastructure of the national laboratories for the purpose of promoting smart city or community technologies4 7#b7 ,partnerships ,in carrying out the program under this subsection1 the ,secretary of ,energy shall prioritize assistance for cities and communities that have partnered with small business concerns4 7b7 ,technologist in residence pilot program 7#a7 ,in general ,the ,secretary of ,energy shall expand the ,technologist in ,residence pilot program of the ,department of ,energy to include partnerships between national laboratories and local governments with respect to research and development relating to smart cities and communities4 7#b7 ,requirements ,for purposes of the partnerships entered into under paragraph 7#a71 technologists in residence shall work with an assigned unit of local government to develop an assessment of smart city or community technologies available and appropriate to meet the objectives of the city or community1 in consultation with private sector entities implementing smart city or community technologies4 7c7 ,guidance ,the ,secretary of ,energy1 in consultation with the ,secretary of ,commerce1 shall issue guidance with respect to-- 7#a7 the scope of the programs established and implemented under subsections 7a7 and 7b72 and 7#b7 requests for proposals from local governments interested in participating in such programs4 7d7 ,considerations ,in establishing and implementing the programs under subsections 7a7 and 7b71 the ,secretary of ,energy shall seek to address the needs of small- and medium-sized cities4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjah through #bjbb4 #cdjjc4 ,technology demonstration grant program 7a7 ,in general ,the ,secretary of ,commerce shall establish a smart city or community regional demonstration grant program under which the ,secretary shall conduct demonstration projects focused on advanced smart city or community technologies and systems in a variety of communities1 including small- and medium-sized cities4 7b7 ,goals ,the goals of the program established under subsection 7a7 are-- 7#a7 to demonstrate-- 7,a7 potential benefits of concentrated investments in smart city or community technologies relating to public safety that are repeatable and scalable2 and 7,b7 the efficiency1 reliability1 and resilience of civic infrastructure and services2 7#b7 to facilitate the adoption of advanced smart city or community technologies and systems2 and 7#c7 to demonstrate protocols and standards that allow for the measurement and validation of the cost savings and performance improvements associated with the installation and use of smart city or community technologies and practices4 7c7 ,demonstration projects 7#a7 ,eligibility ,subject to paragraph 7#b71 a unit of local government shall be eligible to receive a grant for a demonstration project under this section4 7#b7 ,cooperation ,to qualify for a demonstration project under this section1 a unit of local government shall agree to follow applicable best practices identified by the ,secretary of ,commerce and the ,secretary of ,energy1 in consultation with industry entities1 to evaluate the effectiveness of the implemented smart city or community technologies to ensure that-- 7,a7 technologies and interoperability can be assessed2 7,b7 best practices can be shared2 and 7,c7 data can be shared in a public1 interoperable1 and transparent format4 7#c7 ,federal share of cost of technology investments ,the ,secretary of ,commerce-- 7,a7 subject to subparagraph 7,b71 shall provide to a unit of local government selected under this section for the conduct of a demonstration project a grant in an amount equal to not more than #ej percent of the total cost of technology investments to incorporate and assess smart city or community technologies in the applicable jurisdiction2 but 7,b7 may waive the cost-share requirement of subparagraph 7,a7 as the ,secretary determines to be appropriate4 7d7 ,requirement ,in conducting demonstration projects under this section1 the ,secretary shall-- 7#a7 develop competitive1 technology-neutral requirements2 7#b7 seek to leverage ongoing or existing civic infrastructure investments2 and 7#c7 take into consideration the non-,federal cost share as a competitive criterion in applicant selection in order to leverage non-,federal investment4 7e7 ,public availability of data and reports ,the ,secretary of ,commerce shall ensure that reports1 public data sets1 schematics1 diagrams1 and other works created using a grant provided under this section are-- 7#a7 available on a royalty-free1 non-exclusive basis2 and 7#b7 open to the public to reproduce1 publish1 or otherwise use1 without cost4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out subsection 7c7 #ajj1jjj1jjj for each of fiscal years #bjah through #bjbb4 #cdjjd4 ,smart city or community 7a7 ,in general ,in this subtitle1 the term smart city or community means a community in which innovative1 advanced1 and trustworthy information and communication technologies and related mechanisms are applied-- 7#a7 to improve the quality of life for residents2 7#b7 to increase the efficiency and cost effectiveness of civic operations and services2 7#c7 to promote economic growth2 and 7#d7 to create a community that is safer and more secure1 sustainable1 resilient1 livable1 and workable4 7b7 ,inclusions ,the term smart city or community includes a local jurisdiction that-- 7#a7 gathers and incorporates data from systems1 devices1 and sensors embedded in civic systems and infrastructure to improve the effectiveness and efficiency of civic operations and services2 7#b7 aggregates and analyzes gathered data2 7#c7 communicates the analysis and data in a variety of formats2 7#d7 makes corresponding improvements to civic systems and services based on gathered data2 and 7#e7 integrates measures-- 7,a7 to ensure the resilience of civic systems against cybersecurity threats and physical and social vulnerabilities and breaches2 7,b7 to protect the private data of residents2 and 7,c7 to measure the impact of smart city or community technologies on the effectiveness and efficiency of civic operations and services4 ,,iv ,brownfields ,redevelopment #djjja4 ,short title ,this title may be cited as the ,brownfields ,authorization ,increase ,act of #bjag4 #djjjb4 ,clarification of ,state or local government ownership ,section #aja7bj77;,d7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7bj77;,d77 is amended by striking involuntarily the first place it appears4 #djjjc4 ,nonprofit organization eligibility 7a7 ,definition of eligible entity ,section #ajd7k77#a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#a77 is amended-- 7#a7 in subparagraph 7,g71 by striking ,alaska2 or and inserting ,alaska22 7#b7 in subparagraph 7,h71 by striking ,indian community4 and inserting ,indian community2 or2 and 7#c7 by adding at the end the following new subparagraph3 7,i7 a nonprofit organization1 including-- 7i7 an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code2 7ii7 a limited liability corporation in which all managing members or all members are organizations described under clause 7i72 7iii7 a limited partnership in which all general partners are-- 7,i7 organizations described under clause 7i72 7,,ii7 limited liability corporations whose members are all organizations described under clause 7i72 or 7,,iii7 any combination of subclauses 7,i7 and 7,,ii72 or 7iv7 a qualified community development entity1 as defined in section #de;,d7c77#a7 of the ,internal ,revenue ,code of #aihf4 4 7b7 ,conforming amendments ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a77ii7-- 7i7 by striking or nonprofit organizations2 and 7ii7 by striking or organization2 and 7,b7 in subparagraph 7,b77ii7-- 7i7 by striking or other nonprofit organization2 and 7ii7 by striking or nonprofit organization2 and 7#b7 in paragraph 7#f77;,a71 by striking or nonprofit organizations4 #djjjd4 ,increased funding limit for direct remediation ,section #ajd7k77#c77;,a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#c77;,a771 as amended in section #djjjc7;b7 of this ,act1 is further amended-- 7#a7 in clause 7ii7-- 7,a7 by striking #bjj1jjj and inserting #gej1jjj2 and 7,b7 by inserting 1 except that during the period of fiscal years #bjah through #bjbb1 the ,president may1 on not more than #b occasions1 waive such #gej1jjj limitation to permit the entity to receive a grant in an amount not to exceed #a1ejj1jjj for a site to be remediated based on special circumstances1 as determined by the ,president after site to be remediated2 and 7#b7 by adding after clause 7ii7 the following3 ,the ,president may transfer any duties under this subparagraph to the ,administrator4 4 #djjje4 ,indirect costs ,subparagraph 7,b7 of section #ajd7k77#d7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#d77 is amended-- 7#a7 in clause 7i71 by striking subclause 7,,iii7 and redesignating subclauses 7,,iv7 and 7,v7 as subclauses 7,,iii7 and 7,,iv71 respectively2 and 7#b7 by striking clause 7ii7 and inserting the following3 7ii7 ,acceptable use of funds 7,i7 ,in general ,in addition to other acceptable purposes described in this subsection1 a grant or loan under this subsection may be used for payment for the costs of-- 7aa7 investigation and identification of the extent of contamination2 7bb7 design and performance of a response action2 and 7cc7 monitoring of a natural resource4 7,,ii7 ,indirect costs ,not more than #aj percent of a grant or loan under this subsection may be used for the payment of indirect costs4 4 #djjjf4 ,eligibility for funding for brownfield sites acquired prior to ,january #aa1 #bjjb ,subparagraph 7,b7 of section #ajd7k77#d7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#d771 as amended in section #djjje of this ,act1 is further amended by striking clause 7iii7 and inserting the following3 7iii7 ,exceptions ,notwithstanding clause 7i77,,iii71 the ,administrator may use funds made available to carry out this subsection for one or more of the following3 7,i7 ,to make a grant under paragraph 7#b7 to an eligible entity that acquired a brownfield site to be covered by the grant on or before ,january #aa1 #bjjb4 7,,ii7 ,to make a grant under paragraph 7#c7 to an eligible entity if such eligible entity1 except as otherwise provided in this subclause1 satisfies all of the elements set forth in section #aja7dj7 to qualify as a bona fide prospective purchaser1 except that the date of acquisition of the brownfield site was on or before ,january #aa1 #bjjb4 ,the ,administrator may make exceptions with regard to compliance with the elements set forth in section #aja7dj7 based on mitigating circumstances1 including any of the following3 7aa7 ,the brownfield site was acquired prior to ,may #ca1 #aiig1 and compliance with all appropriate inquiry 7as required under section #aja7dj77;,b77 cannot be fairly determined4 7bb7 ,a current site assessment of the brownfield site has found no evidence that the eligible entity caused or exacerbated contamination found at the site or failed to exercise appropriate care 7as required under section #aja7dj77;,d77 with respect to contamination found at the site4 7cc7 ,the eligible entity held a public hearing with respect to the grant application and no substantive testimony was offered that indicates that the eligible entity caused or exacerbated contamination found at the site or failed to exercise appropriate care 7as required under section #aja7dj77;,d77 with respect to contamination found at the site4 7dd7 ,there are other circumstances that make compliance with the elements set forth in section #aja7dj7 impractical and not in the public interest4 7,,iii7 ,to make a grant or loan under this subsection to an eligible entity if such entity-- 7aa7 acquired ownership of the brownfield site at least #cj years prior to the date of the grant or loan1 but not later than ,may #ca1 #aiig2 7bb7 did not cause or contribute to the contamination on the brownfield site2 and 7cc7 can reasonably indicate why such entity cannot comply with the elements set forth in section #aja7dj7 to qualify as a bona fide prospective purchaser4 4 #djjjg4 ,multi-purpose brownfield grants 7a7 ,multi-,purpose grant program ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended-- 7#a7 by redesignating paragraph 7#ab7 as paragraph 7#ae72 7#b7 by redesignating paragraphs 7#d7 through 7#aa71 as amended1 as paragraphs 7#e7 through 7#ab71 respectively2 and 7#c7 by adding after paragraph 7#c7 the following new paragraph3 7#d7 ,multi-purpose brownfield grants 7,a7 ,establishment of program ,subject to paragraphs 7#e7 and 7#f71 the ,administrator shall establish a program to provide multi-purpose grants to eligible entities1 where warranted1 as determined by the ,administrator based on considerations under paragraph 7#c77;,c71 to be used to inventory1 characterize1 assess1 conduct planning related to1 or remediate 7or any combination thereof71 one or more brownfield sites in an area1 in amounts not to exceed #a1ejj1jjj per grant4 7,b7 ,additional considerations ,in addition to the considerations under paragraph 7#c77;,c71 the ,administrator1 in determining to award a multi-purpose grant under the program under subparagraph 7,a71 shall consider the extent to which the eligible entity demonstrates-- 7i7 an overall plan for revitalization of brownfield sites in the area in which the multi-purpose grant will be used2 7ii7 the capacity to conduct the range of eligible activities that will be funded by the multi-purpose grant2 and 7iii7 that a multi-purpose grant is appropriate for meeting the needs of the area in which the grant will be used4 7,c7 ,grant funds ,grants provided under the program established under subparagraph 7,a7 shall be expended not later than #c years after the award of grant funding to the eligible entity1 unless the ,administrator determines that an extension of not more than #b years is justified4 7,d7 ,ownership ,a recipient of a grant under this paragraph may not use amounts from such grant on remediation of a brownfield site until such recipient owns such site4 7,e7 ,existing authority ,nothing in this paragraph shall limit any other authority of the ,president or the ,administrator under this subsection4 4 7b7 ,conforming amendments 7#a7 ,section #ajd7k77#c77;,a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#c77;,a771 as amended1 is further amended by striking ,subject to paragraphs 7#d7 and 7#e7 and inserting ,subject to paragraphs 7#e7 and 7#f74 7#b7 ,section #ajd7k77#c77;,c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#c77;,c77 is amended by inserting or paragraph 7#d7 after under subparagraph 7,a77ii7 or 7,b77ii74 #djjjh4 ,program for sustainable reuse and alternative energy on brownfield sites ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended by adding after paragraph 7#ab71 as redesignated by section #djjjg7;a77#b7 of this ,act1 the following new paragraph3 7#ac7 ,program for sustainable reuse and alternative energy on brownfield sites 7,a7 ,establishment and use of funds ,the ,administrator shall establish a program to make grants1 on a competitive basis1 to eligible entities to be used at one or more brownfield sites for projects that reduce environmental impact1 increase community livability1 and encourage sustainability1 including-- 7i7 sustainable reuse planning and site analysis1 including-- 7,i7 site characterization and assessment2 7,,ii7 area and corridor sustainability plans2 and 7,,iii7 engineering or feasibility analysis of environmentally beneficial site improvements2 7ii7 remediation2 7iii7 ecosystem restoration2 and 7iv7 habitat restoration4 7,b7 ,project selection ,in addition to the criteria under paragraph 7#f71 in selecting grant recipients under this paragraph1 the ,administrator shall take into consideration the extent to which a grant will facilitate future use of a brownfield site in an environmentally beneficial and sustainable manner1 including the potential for renewable energy production and green infrastructure1 including greenways and hike-bike trails1 green buildings1 and mixed use and transit-oriented development in smart growth locations4 4 #djjji4 ,staff for small1 disadvantaged1 or rural communities ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended by adding after paragraph 7#ac7 7as added by section #djjjh of this ,act7 the following3 7#ad7 ,staff for small1 disadvantaged1 or rural communities ,the ,administrator1 upon approval of an application made by an eligible entity serving a community that has a small population1 is disadvantaged1 or is in a rural location1 and in accordance with the applicable provisions of subchapter ,,vi of chapter #cc of title #e1 ,united ,states ,code1 may assign employees of the ,environmental ,protection ,agency to such eligible entity to build local capacity for the remediation and revitalization of brownfield sites located in such communities4 ,the ,administrator shall determine1 consistent with existing law and regulation in effect as of the date of enactment of this paragraph and subject to comment and public review1 what qualifies as a community that has a small population1 is disadvantaged1 or is in a rural location for purposes of this paragraph1 provided that such definitions include rural municipalities1 municipalities with populations of up to #bj1jjj1 and municipalities in which the median household income is at or less than #b_/c of the ,state average4 4 #djjaj4 ,small community technical assistance grants ,paragraph 7#g77;,a7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as redesignated by section #djjjg7;a77#b7 of this ,act7 is amended-- 7#a7 by striking ,the ,administrator may provide1 and inserting the following3 7i7 ,definitions ,in this subparagraph3 7,i7 ,disadvantaged area ,the term disadvantaged area means an area with an annual median household income that is less than #b_/c of the statewide annual median household income1 as determined by the latest available decennial census4 7,,ii7 ,small community ,the term small community means a community with a population of not more than #bj1jjj individuals1 as determined by the latest available decennial census4 7ii7 ,establishment of program ,the ,administrator shall establish a program to provide grants that provide1 2 and 7#b7 by adding at the end the following3 7iii7 ,small or disadvantaged community recipients 7,i7 ,in general ,subject to subclause 7,,ii71 in carrying out the program under clause 7ii71 the ,administrator shall use not more than #a1ejj1jjj of amounts made available to carry out this paragraph to provide grants to eligible entities and institutions of higher education1 as determined by the ,administrator1 to assist small communities1 ,indian tribes1 rural areas1 or disadvantaged areas in achieving the purposes described in clause 7ii74 7,,ii7 ,limitation ,each grant awarded under subclause 7,i7 shall be not more than #aj1jjj4 4 #djjaa4 ,authorization of appropriations 7a7 ,authorization of appropriations ,subparagraph 7,a7 of paragraph 7#ae7 7as redesignated by section #djjjg7;a77#a7 of this ,act7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended to read as follows3 7,a7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection-- 7i7 #cej1jjj1jjj for fiscal year #bjah2 7ii7 #djj1jjj1jjj for fiscal year #bjai2 7iii7 #dej1jjj1jjj for fiscal year #bjbj2 7iv7 #ejj1jjj1jjj for fiscal year #bjba2 and 7v7 #eej1jjj1jjj for fiscal year #bjbb4 4 7b7 ,set aside for program for sustainable reuse and alternative energy on brownfield sites ,paragraph 7#ae7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k771 as redesignated by section #djjjg7;a77#a7 of this ,act and as amended by subsection 7a7 of this section1 is further amended by adding after subparagraph 7,b7 the following new subparagraph3 7,c7 ,set aside for program for sustainable reuse and alternative energy on brownfield sites ,of amounts made available each fiscal year pursuant to subparagraph 7,a71 at least #g4e percent of such amounts shall be used to carry out the program under paragraph 7#ac74 4 #djjab4 ,state response programs ,section #abh7;a77#c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbh7;a77#c77 is amended to read as follows3 7#c7 ,funding ,there are authorized to be appropriated to carry out this subsection-- 7,a7 #gj1jjj1jjj for fiscal year #bjah2 7,b7 #hj1jjj1jjj for fiscal year #bjai2 7,c7 #ij1jjj1jjj for fiscal year #bjbj2 7,d7 #ajj1jjj1jjj for fiscal year #bjba2 and 7,e7 #aaj1jjj1jjj for fiscal year #bjbb4 4 ,v ,healthcare ,infrastructure ,a ,hospital ,infrastructure #eajja4 ,hospital infrastructure ,section #afaj7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjr7a77 is amended by striking paragraph 7#c7 and inserting the following paragraphs3 7#c7 ,priority ,in awarding grants under this subsection1 the ,secretary shall give priority to applicants whose projects will include1 by design1 cybersecurity against cyber threats4 7#d7 ,american iron and steel products 7,a7 ,in general ,as a condition on receipt of a grant under this section for a project1 an entity shall ensure that all of the iron and steel products used in the project are produced in the ,united ,states4 7,b7 ,application ,subparagraph 7,a7 shall be waived in any case or category of cases in which the ,secretary finds that-- 7i7 applying subparagraph 7,a7 would be inconsistent with the public interest2 7ii7 iron and steel products are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7iii7 inclusion of iron and steel products produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7,c7 ,waiver ,if the ,secretary receives a request for a waiver under this paragraph1 the ,secretary shall make available to the public1 on an informal basis1 a copy of the request and information available to the ,secretary concerning the request1 and shall allow for informal public input on the request for at least #ae days prior to making a finding based on the request4 ,the ,secretary shall make the request and accompanying information available by electronic means1 including on the official public ,internet site of the ,department of ,health and ,human ,services4 7,d7 ,international agreements ,this paragraph shall be applied in a manner consistent with ,united ,states obligations under international agreements4 7,e7 ,management and oversight ,the ,secretary may retain up to #j4be percent of the funds appropriated for this section for management and oversight of the requirements of this paragraph4 7,f7 ,effective date ,this paragraph does not apply with respect to a project if a ,state agency approves the engineering plans and specifications for the project1 in that agency's capacity to approve such plans and specifications prior to a project requesting bids1 prior to the date of enactment of this paragraph4 7#e7 ,authorization of appropriations ,to carry out this subsection1 there is authorized to be appropriated #djj1jjj1jjj for each of fiscal years #bjah through #bjbb4 4 ,b ,indian ,health ,program ,health ,care ,infrastructure #ebjja4 #bast ,century ,indian health program hospitals and outpatient health care facilities ,the ,indian ,health ,care ,improvement ,act is amended by inserting after section #cja of such ,act 7#be ,u4,s4,c4 #afca7 the following3 #cja;,a4 ,additional funding for planning1 design1 construction1 modernization1 and renovation of hospitals and outpatient health care facilities 7a7 ,additional funding ,for the purpose described in subsection 7b71 in addition to any other funds available for such purpose1 there is authorized to be appropriated to the ,secretary #bjj1jjj1jjj for each of fiscal years #bjah through #bjbb4 7b7 ,purpose ,the purpose described in this subsection is the planning1 design1 construction1 modernization1 and renovation of hospitals and outpatient health care facilities that are funded1 in whole or part1 by the ,service through1 or provided for in1 a contract or compact with the ,service under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq474 4 ,c ,laboratory ,infrastructure #ecjja4 ,pilot program to improve laboratory infrastructure 7a7 ,in general ,the ,secretary of ,health and ,human ,services may award grants to ,states and political subdivisions of ,states to support the improvement1 renovation1 or modernization of infrastructure at clinical laboratories 7as defined in section #cec of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfc;a774 7b7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #ajj1jjj1jjj1 to remain available until expended4 ,d ,community-,based ,care ,infrastructure #edjja4 ,pilot program to improve community-based care infrastructure 7a7 ,in general ,the ,secretary of ,health and ,human ,services may award grants to qualified teaching health centers 7as defined in section #cdj;,h of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;h77 and behavioral health care centers 7as defined by the ,secretary1 to include both substance abuse and mental health care facilities7 to support the improvement1 renovation1 or modernization of infrastructure at such centers4 7b7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #ajj1jjj1jjj1 to remain available until expended4