,i #aafth ,,congress #ast ,session ,h4 ,r4 #bgda ,,in ,,the ,,house ,,of ,,representatives ,may #ae1 #bjai ,mr4 ,pallone 7for himself1 ,mr4 ,rush1 ,ms4 ,eshoo1 ,mr4 ,engel1 ,ms4 ,de,gette1 ,mr4 ,michael ,f4 ,doyle of ,pennsylvania1 ,ms4 ,schakowsky1 ,mr4 ,butterfield1 ,ms4 ,matsui1 ,ms4 ,castor of ,florida1 ,mr4 ,sarbanes1 ,mr4 ,mc,nerney1 ,mr4 ,welch1 ,mr4 ,lujn1 ,mr4 ,tonko1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,loebsack1 ,mr4 ,schrader1 ,mr4 ,kennedy1 ,mr4 ,crdenas1 ,mr4 ,ruiz1 ,mr4 ,peters1 ,mrs4 ,dingell1 ,mr4 ,veasey1 ,ms4 ,kuster of ,new ,hampshire1 ,ms4 ,kelly of ,illinois1 ,ms4 ,barragn1 ,mr4 ,mc,eachin1 ,ms4 ,blunt ,rochester1 ,mr4 ,soto1 and ,mr4 ,o',halleran7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,natural ,resources1 ,science1 ,space1 and ,technology1 ,ways and ,means1 ,transportation and ,infrastructure1 and ,education and ,labor1 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 and ,next ,generation #i-a-a1 rehabilitate drinking water infrastructure1 modernize the electric grid and energy supply infrastructure1 redevelop brownfields1 strengthen health care infrastructure1 create jobs1 and 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--,broadband and ,next ,generation #i-a-a ,infrastructure ,subtitle ,a--,broadband ,internet ,access ,service ,program ,sec4 #aajja4 ,expansion of broadband access4 ,subtitle ,b--,next ,generation #i-a-a ,sec4 #abjja4 ,short title4 ,sec4 #abjjb4 ,findings4 ,sec4 #abjjc4 ,sense of ,congress4 ,sec4 #abjjd4 ,statement of policy4 ,sec4 #abjje4 ,coordination of ,next ,generation #i-a-a implementation4 ,sec4 #abjjf4 ,savings provision4 ,subtitle ,c--,broadband ,infrastructure ,finance and ,innovation ,sec4 #acjja4 ,short title4 ,sec4 #acjjb4 ,definitions4 ,sec4 #acjjc4 ,determination of eligibility and project selection4 ,sec4 #acjjd4 ,secured loans4 ,sec4 #acjje4 ,lines of credit4 ,sec4 #acjjf4 ,alternative prudential lending standards for small projects4 ,sec4 #acjjg4 ,program administration4 ,sec4 #acjjh4 ,state and local permits4 ,sec4 #acjji4 ,regulations4 ,sec4 #acjaj4 ,funding4 ,sec4 #acjaa4 ,reports to ,congress4 ,title ,,ii--,drinking ,water ,infrastructure ,subtitle ,a--,,pfas ,infrastructure ,grant ,program ,sec4 #bajja4 ,short title4 ,sec4 #bajjb4 ,establishment of ,,pfas ,infrastructure ,grant ,program4 ,sec4 #bajjc4 ,definition4 ,subtitle ,b--,extensions ,sec4 #bbjja4 ,funding4 ,sec4 #bbjjb4 ,american iron and steel products4 ,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 ,grant program for grid modernization projects4 ,sec4 #cabjb4 ,interregional transmission planning report4 ,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--;,efficiency ,grants for ,state and ,local ,governments ,sec4 #cbaja4 ,energy efficient public buildings4 ,sec4 #cbajb4 ,energy efficiency and conservation block grant program4 ,part #b--,smart ,building ,acceleration ,sec4 #cbbja4 ,short title4 ,sec4 #cbbjb4 ,findings4 ,sec4 #cbbjc4 ,definitions4 ,sec4 #cbbjd4 ,federal smart building program4 ,sec4 #cbbje4 ,survey of private sector smart buildings4 ,sec4 #cbbjf4 ,leveraging existing programs4 ,sec4 #cbbjg4 ,report4 ,part #c--,weatherization ,assistance ,program ,sec4 #cbcja4 ,short title4 ,sec4 #cbcjb4 ,weatherization assistance program4 ,sec4 #cbcjc4 ,report on waivers4 ,part #d--,smart ,energy and ,water ,efficiency ,sec4 #cbdja4 ,short title4 ,sec4 #cbdjb4 ,smart energy and water efficiency program4 ,part #e--;,accelerated ,adoption of ,energy ,efficient ,engines and ,vehicles ,sec4 #cbeja4 ,reauthorization of diesel emissions reduction program4 ,sec4 #cbejb4 ,reauthorization of clean school buses program4 ,part #f--;,energy ,improvements at ,public ,school ,facilities ,sec4 #cbfja4 ,grants for energy efficiency improvements and renewable energy improvements at public school facilities4 ,part #g--;,homeowner ,managing ,energy ,savings ,sec4 #cbgja4 ,short title4 ,sec4 #cbgjb4 ,definitions4 ,sec4 #cbgjc4 ,home ,energy ,savings ,retrofit ,rebate ,program4 ,sec4 #cbgjd4 ,contractors4 ,sec4 #cbgje4 ,rebate aggregators4 ,sec4 #cbgjf4 ,quality assurance providers4 ,sec4 #cbgjg4 ,transferability of home energy savings rebate4 ,sec4 #cbgjh4 ,home ,energy ,savings ,retrofit ,rebate ,program4 ,sec4 #cbgji4 ,grants to ,states and ,indian ,tribes4 ,sec4 #cbgaj4 ,quality assurance program4 ,sec4 #cbgaa4 ,evaluation report to ,congress4 ,sec4 #cbgab4 ,administration4 ,sec4 #cbgac4 ,treatment of rebates4 ,sec4 #cbgad4 ,penalties4 ,sec4 #cbgae4 ,funding4 ,sec4 #cbgaf4 ,pilot program4 ,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--,refined ,product ,reserves ,sec4 #cceja4 ,refined product reserves4 ,part #f--;,department of ,energy ,office of ,indian ,energy ,sec4 #ccfja4 ,amendment to reauthorize programs to assist ,indian ,tribes4 ,subtitle ,d--,smart ,communities ,infrastructure ,part #a--,smart ,communities ,sec4 #cdaja4 #c;,c ,energy ,program4 ,sec4 #cdajb4 ,federal technology assistance4 ,sec4 #cdajc4 ,technology demonstration grant program4 ,sec4 #cdajd4 ,smart city or community4 ,part #b--;,clean ,cities ,coalition ,program ,sec4 #cdbja4 ,clean ,cities ,coalition ,network program4 ,part #c--;,electric ,vehicle ,infrastructure ,sec4 #cdcja4 ,statement of national policy4 ,sec4 #cdcjb4 ,definitions4 ,sec4 #cdcjc4 ,model building code for electric vehicle supply equipment4 ,sec4 #cdcjd4 ,utility electric vehicle charging programs4 ,sec4 #cdcje4 ,state transportation electrification planning grants4 ,sec4 #cdcjf4 ,electric vehicle supply equipment coordination4 ,sec4 #cdcjg4 ,authorization of appropriations4 ,title ,,iv--,health ,care ,infrastructure ,subtitle ,a--,hospital ,infrastructure ,sec4 #dajja4 ,hospital infrastructure4 ,subtitle ,b--,indian ,health ,program ,health ,care ,infrastructure ,sec4 #dbjja4 #bast century ,indian health program hospitals and outpatient health care facilities4 ,subtitle ,c--,laboratory ,infrastructure ,sec4 #dcjja4 ,pilot program to improve laboratory infrastructure4 ,subtitle ,d--,community-,based ,care ,infrastructure ,sec4 #ddjja4 ,pilot program to improve community-based care infrastructure4 ,subtitle ,e--,public ,health ,infrastructure ,sec4 #dejja4 ,public health data system transformation4 ,sec4 #dejjb4 ,core public health infrastructure for ,state1 local1 and ,tribal health departments4 ,sec4 #dejjc4 ,core public health infrastructure and activities for ,,cdc4 ,title ,v--,brownfields ,redevelopment ,sec4 #ejjja4 ,authorization of appropriations4 ,sec4 #ejjjb4 ,state response programs4 ,i ,broadband and ,next ,generation #i-a-a ,infrastructure ,a ,broadband ,internet ,access ,service ,program #aajja4 ,expansion of broadband access ,title ,i of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 is amended by adding at the end the following new section3 #ad4 ,expansion of broadband access 7a7 ,program established ,not later than #ahj days after the date of the enactment of this section1 the ,commission1 in consultation with the ,assistant ,secretary1 shall establish a program to expand access to broadband for unserved areas1 underserved areas1 and unserved anchor institutions in accordance with the requirements of this section that-- 7#a7 is separate from any universal service program established pursuant to section #bed2 and 7#b7 does not require funding recipients to be designated as eligible telecommunications carriers under section #bad7;e74 7b7 ,use of program funds 7#a7 ,expanding access to broadband through national reverse auction ,not later than #ah months after the date of the enactment of this section1 the ,commission shall award #ge percent of the amounts appropriated under subsection 7h7 through a national reverse auction to funding recipients only to expand access to broadband in unserved areas4 7#b7 ,expanding access to broadband through ,states 7,a7 ,distribution of funds to ,states ,not later than #bee days after the date of the enactment of this section1 the ,commission shall distribute #be percent of the amounts appropriated under subsection 7h7 among the ,states1 in direct proportion to the population of each ,state4 7,b7 ,public notice ,not later than #aie days after the date of the enactment of this section1 the ,commission shall issue a public notice informing each ,state and the public of the amounts to be distributed under this paragraph4 ,the notice shall include-- 7i7 the manner in which a ,state shall inform the ,commission of that ,state's acceptance or acceptance in part of the amounts to be distributed under this paragraph2 7ii7 the date 7which is #cj days after the date on which the public notice is issued7 by which such acceptance or acceptance in part is due2 and 7iii7 the requirements as set forth under this section and as may be further prescribed by the ,commission4 7,c7 ,acceptance by ,states ,not later than #cj days after the date on which the public notice is issued under subparagraph 7,b71 each ,state accepting amounts to be distributed under this paragraph shall inform the ,commission of the acceptance or acceptance in part by the ,state of the amounts to be distributed under this paragraph in the manner described by the ,commission in the public notice4 7,d7 ,requirements for ,state receipt of amounts distributed ,each ,state accepting amounts distributed under this paragraph-- 7i7 shall only award such amounts through a statewide reverse auction or auctions1 in the manner prescribed by the ,state but subject to the requirements as set forth under this section and as may be further prescribed by the ,commission2 7ii7 shall make such awards only-- 7,i7 to funding recipients to expand access to broadband in unserved areas2 7,,ii7 to funding recipients to expand access to broadband to unserved anchor institutions2 or 7,,iii7 to funding recipients to expand access to broadband in underserved areas1 but only if a ,state does not have1 or no longer has1 any unserved areas2 7iii7 shall conduct separate reverse auctions for awards made to unserved anchor institutions under clause 7ii77,,ii71 if a ,state awards any funding provided by this section to unserved anchor institutions2 7iv7 shall return any unused portion of such amounts to the ,commission within #aj years after the date of the enactment of this section and shall submit a certification to the ,commission before receiving such amounts that the ,state will return such amounts2 and 7v7 may not use more than #e percent of the amounts distributed under this paragraph to administer a reverse auction or auctions authorized by this paragraph4 7,e7 ,distribution of remaining funds ,in the case of any amounts remaining after the amounts appropriated are distributed as described in subparagraph 7,a71 the ,commission shall transfer such amounts to the grant program established under section #aei of the ,national ,telecommunications and ,information ,administration ,organization ,act4 7#c7 ,coordination of ,federal and ,state funding ,the ,commission shall establish processes through the rulemaking under subsection 7e7 to-- 7,a7 enable ,states to conduct statewide reverse auctions as part of1 or in coordination with1 the national reverse auction2 7,b7 assist ,states in conducting statewide reverse auctions2 7,c7 coordinate with ,states to ensure that program funds awarded by the ,commission and program funds awarded by the ,states are not used to expand access to broadband in the same unserved areas2 and 7,d7 coordinate with other ,federal programs that expand access to broadband1 such as the ,connect ,america ,fund or the ,broadband e-,connectivity ,pilot ,program1 to ensure the efficient use of program funds4 7c7 ,program requirements 7#a7 ,technology neutrality required ,any entity administering a reverse auction 7either the ,state or the ,commission7 in making awards may not favor a project using any particular technology4 7#b7 ,funds preference ,there shall be a preference1 as determined by the entity administering the reverse auction 7either the ,state or the ,commission71 for bidders in a reverse auction proposing projects-- 7,a7 with at least #bj percent matching funds from private sources2 7,b7 that would expand access to broadband on tribal lands1 as defined by the ,commission2 7,c7 that would provide higher speeds than those specified in subsection 7d77#b72 7,d7 that would expand access to broadband in advance of the time specified in subsection 7e77#e72 or 7,e7 that would expand access to broadband to areas where the median household income is below #aej percent of the poverty threshold as defined by the ,bureau of the ,census4 7#c7 ,unserved and underserved areas ,in determining whether an area is an unserved area or an underserved area or whether an anchor institution is an unserved anchor institution for any reverse auction authorized under this section1 the ,commission shall implement the following requirements through the rulemaking described in subsection 7e73 7,a7 ,data for initial determination ,to make an initial determination as to whether an area is an unserved area or an underserved area or whether an anchor institution is an unserved anchor institution1 the ,commission shall-- 7i7 to the extent practicable1 use the ,national ,broadband ,availability ,map1 updated pursuant to the ,consolidated ,appropriations ,act1 #bjah 7,public ,law #aae-ada72 7ii7 consider other data on access to broadband obtained or purchased by the ,commission2 7iii7 consider other publicly available data or information on access to broadband2 7iv7 consider other publicly available data or information on ,state broadband deployment programs2 and 7v7 not determine an area is not an unserved area or an underserved area on the basis that one location within such area does not meet the definition of an unserved area or an underserved area4 7,b7 ,initial determination ,the ,commission shall make an initial determination of the areas that are unserved areas or underserved areas and which anchor institutions are unserved anchor institutions not later than #bgj days after the date of the enactment of this section4 7,c7 ,challenge of determination 7i7 ,in general ,the ,commission shall provide for a process for challenging any initial determination regarding whether an area is an unserved area or an underserved area or whether an anchor institution is an unserved anchor institution that1 at a minimum1 provides not less than #de days for a person to voluntarily submit information concerning-- 7,i7 the broadband offered in the area2 or 7,,ii7 the broadband offered to the anchor institution4 7ii7 ,streamlined process ,the ,commission shall ensure that such process is sufficiently streamlined such that a reasonably prudent person may easily participate to challenge such initial determination with little burden on such person4 7,d7 ,final determination ,the ,commission shall make a final determination of the areas that are unserved areas or underserved areas and which anchor institutions are unserved anchor institutions within #a year after the date of the enactment of this section4 7#d7 ,notice1 transparency1 accountability1 and oversight required ,the program shall contain sufficient notice1 transparency1 accountability1 and oversight measures to provide the public with notice of the assistance provided under this section1 and to deter waste1 fraud1 and abuse of program funds4 7#e7 ,competence ,the program shall contain sufficient processes and requirements1 as established by the entity administering the reverse auction 7either the ,state or the ,commission71 to ensure funding recipients participating in such a reverse auction-- 7,a7 are capable of carrying out the project in a competent manner in compliance with all applicable ,federal1 ,state1 and local laws2 and 7,b7 have the financial capacity to meet the buildout obligations of the project and requirements as set forth under this section and as may be further prescribed by the ,commission4 7#f7 ,contracting requirements ,any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any project 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 7d7 ,project requirements ,any project funded through the program shall meet the following requirements3 7#a7 ,the project shall adhere to quality-of-service standards as established by the ,commission4 7#b7 ,the project shall offer broadband with a download speed of at least #ajj megabits per second1 an upload speed of at least #bj megabits per second1 and a latency that is sufficiently low to allow real-time1 interactive applications4 7#c7 ,for any project that involves laying fiber-optic cables along a roadway1 the project shall include interspersed conduit access points at regular and short intervals4 7#d7 ,the project may not offer broadband that does not1 at a minimum1 provide 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#e7 ,the project shall incorporate prudent cybersecurity and supply chain risk management practices1 as specified by the ,commission1 through the rulemaking described in subsection 7e71 in consultation with the ,director of the ,national ,institute of ,standards and ,technology and the ,assistant ,secretary4 7#f7 ,the project shall incorporate best practices1 as defined by the ,commission1 for ensuring reliability and resiliency of the network during disasters4 7#g7 ,any funding recipient must agree to have the project meet the requirements established under section #bbd1 as if the project were classified as a utility under such section4 7e7 ,rulemaking and distribution and award of funds ,not later than #ahj days after the date of the enactment of this section1 the ,commission1 in consultation with the ,assistant ,secretary1 shall promulgate rules-- 7#a7 that implement the requirements of this section1 as appropriate1 including the program requirements of subsections 7a71 7b71 and 7c7 and the project requirements of subsection 7d72 7#b7 that establish the design of and rules for the nationwide reverse auction2 7#c7 that establish notice requirements for all reverse auctions authorized under this section that1 at a minimum1 provide the public with notice of-- 7,a7 the initial determination of which areas are unserved areas or underserved areas2 7,b7 the final determination of which areas are unserved areas or underserved areas after the process for challenging the initial determination has concluded2 7,c7 which entities have applied to bid for funding2 and 7,d7 the results of any reverse auctions1 including identifying the funding recipients1 which areas each project will serve1 the nature of the service that will be provided by the project in each of those areas1 and how much funding the funding recipients will receive in each of those areas2 7#d7 that establish broadband buildout milestones and periodic certification by funding recipients to ensure compliance with the broadband buildout milestones for all reverse auctions authorized under this section2 7#e7 that establish a maximum buildout timeframe of four years beginning on the date on which funding is provided under this section for any project by a funding recipient for a project under this section2 7#f7 that establish periodic reporting requirements for funding recipients of projects and that identify1 at a minimum1 the nature of the service provided in each area for any reverse auction authorized under this section2 7#g7 that establish standard penalties for the noncompliance of funding recipients or projects with the requirements as set forth under this section and as may be further prescribed by the ,commission for any reverse auction authorized under this section2 7#h7 that establish procedures for recovery of funds1 in whole or in part1 from funding recipients in the event of the default or noncompliance of the funding recipient or project with the requirements established under this section for any reverse auction authorized under this section2 and 7#i7 that establish mechanisms to reduce waste1 fraud1 and abuse within the program for any reverse auction authorized under this section4 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 the program1 the ,inspector ,general of the ,commission and the ,comptroller ,general of the ,united ,states 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 program4 ,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 ,commission on how such funds were spent1 along with a certification of compliance with the requirements as set forth under this section and as may be further prescribed by the ,commission1 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 ,anchor institution ,the term anchor institution means a public or private school1 a library1 a medical or healthcare provider1 a museum1 a public safety entity1 public housing1 a community college1 an institution of higher education1 or any other community support organization or agency4 7#b7 ,area ,the term area means the geographic unit of measurement with the greatest level of granularity reasonably feasible for the ,commission to use in making eligibility determinations under this section and in meeting the requirements and deadlines of this section4 7#c7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#d7 ,broadband ,the term broadband-- 7,a7 means broadband internet access service that is a mass-market retail service1 or a service provided to an anchor institution1 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#e7 ,funding recipient ,the term funding recipient means an entity that receives funding for a project under this section4 7#f7 ,program ,unless otherwise indicated1 the term program means the program established under subsection 7a74 7#g7 ,project ,the term project means an undertaking by a funding recipient under this section to construct and deploy infrastructure for the provision of broadband4 7#h7 ,reverse auction ,the term reverse auction means an auction in which bids are submitted for a particular project and the bids serving the most locations for the lowest cost to the entity administering the reverse auction 7either the ,state or the ,commission71 taking into consideration the funding preferences in subsection 7c77#b7 are selected for funding4 7#i7 ,underserved area ,the term underserved area means an area that has access to broadband offered-- 7,a7 with a download speed of at least #be megabits per second and not more than #ii megabits per second2 7,b7 with an upload speed of at least #aj megabits per second2 and 7,c7 with latency that is sufficiently low to allow real-time1 interactive applications4 7#aj7 ,unserved anchor institution ,the term unserved anchor institution means an anchor institution that has no access to broadband or does not have access to broadband offered-- 7,a7 with a download speed of at least #a gigabit per second2 7,b7 with an upload speed of at least #a gigabit per second2 and 7,c7 with latency that is sufficiently low to allow multiple1 simultaneous1 real-time1 interactive applications4 7#aa7 ,unserved area ,the term unserved area means an area that has no access to broadband or does not have access to broadband offered-- 7,a7 with a download speed of at least #be 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 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission #dj1jjj1jjj1jjj for fiscal year #bjbj to carry out the program and such amount is authorized to remain available for #aj years4 4 ,b ,next ,generation #i-a-a #abjja4 ,short title ,this subtitle may be cited as the ,next ,generation #i-a-a ,act of #bjai4 #abjjb4 ,findings ,congress makes the following findings3 7#a7 ,the #i-a-a systems of the ,united ,states1 while a model for the entire world1 lack the advanced functionality1 interoperability1 and capabilities that come with the adoption of new digital communications technologies4 7#b7 ,communications technologies currently available to the public1 including first responders and other public safety personnel1 have substantially outpaced the legacy communications technologies still used by most emergency communications centers in the #i-a-a systems of the ,united ,states4 7#c7 ,this lack of modern technology1 when coupled with other challenges1 is impacting the ability of the #i-a-a systems of the ,united ,states to efficiently and effectively provide responses to emergencies4 7#d7 ,modernizing the #i-a-a systems of the ,united ,states to incorporate the new and evolving capabilities of broadband voice and data communications is essential for the safety and security of the public1 including first responders and other public safety personnel4 7#e7 ,efforts to modernize the #i-a-a systems of the ,united ,states to date1 while laudable and important1 have been limited due to a lack of funding and inconsistent or unclear policies related to the governance1 deployment1 and operations of ,next ,generation #i-a-a4 7#f7 ,a nationwide strategy for ,next ,generation #i-a-a has become essential to help guide the transition and create a common framework for implementation of ,next ,generation #i-a-a while preserving ,state1 regional1 and local control over the governance and technology choices of the #i-a-a systems of the ,united ,states4 7#g7 ,accelerated implementation of ,next ,generation #i-a-a will-- 7,a7 increase compatibility with emerging communications trends2 7,b7 enhance the flexibility1 reliability1 and survivability of the #i-a-a systems of the ,united ,states during major incidents2 7,c7 improve emergency response for the public1 including first responders and other public safety personnel2 7,d7 promote the interoperability of the #i-a-a systems of the ,united ,states with emergency response providers including users of the ,nationwide ,public ,safety ,broadband ,network being deployed by the ,first ,responder ,network ,authority2 and 7,e7 increase the cost effectiveness of operating the #i-a-a systems of the ,united ,states4 #abjjc4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the #i-a-a professionals in the ,united ,states perform important and lifesaving work every day1 and need the tools and communications technologies to perform the work effectively in a world with digital communications technologies2 7#b7 the transition from the legacy communications technologies used in the #i-a-a systems of the ,united ,states to ,next ,generation #i-a-a is a national priority and a national imperative2 7#c7 the ,united ,states should complete the transition described in paragraph 7#b7 as soon as practicable2 7#d7 the ,united ,states should develop a nationwide framework that facilitates cooperation among ,federal1 ,state1 and local officials on deployment of ,next ,generation #i-a-a in order to meet that goal2 7#e7 the term ,public ,safety ,answering ,point becomes outdated in a broadband environment and #i-a-a centers are increasingly and appropriately being referred to as emergency communications centers2 and 7#f7 #i-a-a authorities and emergency communications centers should have sufficient resources to implement ,next ,generation #i-a-a1 including resources to support associated geographic information systems 7commonly known as ,,gis71 and cybersecurity measures4 #abjjd4 ,statement of policy ,it is the policy of the ,united ,states that-- 7#a7 ,next ,generation #i-a-a should be technologically and competitively neutral2 7#b7 ,next ,generation #i-a-a should be interoperable2 7#c7 the governance and control of the #i-a-a systems of the ,united ,states1 including ,next ,generation #i-a-a1 should remain at the ,state1 regional1 and local level2 and 7#d7 individuals in the ,united ,states should receive information on how to best utilize ,next ,generation #i-a-a and on its capabilities and usefulness4 #abjje4 ,coordination of ,next ,generation #i-a-a implementation ,part ,c of title ,i of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ija et seq47 is amended by adding at the end the following3 #aei4 ,coordination of ,next ,generation #i-a-a ,implementation 7a7 ,additional ,functions of #i-a-a ,implementation ,coordination ,office 7#a7 ,authority ,the ,office shall implement the provisions of this section4 7#b7 ,management plan 7,a7 ,development ,the ,assistant ,secretary and the ,administrator shall develop and may modify a management plan for the grant program established under this section1 including by developing-- 7i7 plans related to the organizational structure of such program2 and 7ii7 funding profiles for each fiscal year of the duration of such program4 7,b7 ,submission to ,congress ,not later than #ij days after the date of the enactment of this section or #ij days after the date on which the plan is modified1 as applicable1 the ,assistant ,secretary and the ,administrator shall submit the management plan developed under subparagraph 7,a7 to-- 7i7 the ,committees on ,commerce1 ,science1 and ,transportation and ,appropriations of the ,senate2 and 7ii7 the ,committees on ,energy and ,commerce and ,appropriations of the ,house of ,representatives4 7#c7 ,purpose of office ,the ,office shall-- 7,a7 take actions1 in concert with coordinators designated in accordance with subsection 7b77#c77;,a77ii71 to improve coordination and communication with respect to the implementation of ,next ,generation #i-a-a2 7,b7 develop1 collect1 and disseminate information concerning practices1 procedures1 and technology used in the implementation of ,next ,generation #i-a-a2 7,c7 advise and assist eligible entities in the preparation of implementation plans required under subsection 7b77#c77;,a77iii72 7,d7 receive1 review1 and recommend the approval or disapproval of applications for grants under subsection 7b72 and 7,e7 oversee the use of funds provided by such grants in fulfilling such implementation plans4 7#d7 ,reports ,the ,assistant ,secretary and the ,administrator shall provide an annual report to ,congress by the first day of ,october of each year on the activities of the ,office to improve coordination and communication with respect to the implementation of ,next ,generation #i-a-a4 7b7 ,next ,generation #i-a-a implementation grants 7#a7 ,matching grants ,the ,assistant ,secretary and the ,administrator1 acting through the ,office1 shall provide grants to eligible entities for-- 7,a7 the implementation of ,next ,generation #i-a-a2 7,b7 establishing and maintaining ,next ,generation #i-a-a2 7,c7 training directly related to ,next ,generation #i-a-a2 7,d7 public outreach and education on how best to use ,next ,generation #i-a-a and on its capabilities and usefulness2 and 7,e7 administrative costs associated with planning and implementation of ,next ,generation #i-a-a1 including costs related to planning for and preparing an application and related materials as required by this section1 if-- 7i7 such costs are fully documented in materials submitted to the ,office2 and 7ii7 such costs are reasonable and necessary and do not exceed #e percent of the total grant award4 7#b7 ,matching requirement ,the ,federal share of the cost of a project eligible for a grant under this section shall not exceed #hj percent4 7#c7 ,coordination required ,in providing grants under paragraph 7#a71 the ,assistant ,secretary and the ,administrator shall require an eligible entity to certify in its application that-- 7,a7 in the case of an eligible entity that is a ,state1 the entity-- 7i7 has coordinated the application with the emergency communications centers located within the jurisdiction of such entity2 7ii7 has designated a single officer or governmental body to serve as the ,state point of contact to coordinate the implementation of ,next ,generation #i-a-a for that ,state1 except that such designation need not vest such coordinator with direct legal authority to implement ,next ,generation #i-a-a or to manage emergency communications operations2 and 7iii7 has developed and submitted a ,state plan for the coordination and implementation of ,next ,generation #i-a-a that-- 7,i7 ensures interoperability by requiring the use of commonly accepted standards2 7,,ii7 enables emergency communications centers to process1 analyze1 and store multimedia1 data1 and other information2 7,,iii7 incorporates the use of effective cybersecurity resources2 7,,iv7 uses open and competitive request for proposal processes1 or the applicable ,state equivalent1 for deployment of ,next ,generation #i-a-a2 7,v7 includes input from relevant emergency communications centers1 regional authorities1 local authorities1 and ,tribal authorities2 and 7,,vi7 includes a governance body or bodies1 either by creation of new or use of existing body or bodies1 for the development and deployment of ,next ,generation #i-a-a that-- 7aa7 includes relevant stakeholders2 and 7bb7 consults and coordinates with the ,state point of contact required by clause 7ii72 or 7,b7 in the case of an eligible entity that is not a ,state1 the entity has complied with clauses 7i7 and 7iii7 of subparagraph 7,a71 and the ,state in which the entity is located has complied with clause 7ii7 of such subparagraph4 7#d7 ,criteria 7,a7 ,in general ,not later than #i months after the date of enactment of this section1 the ,assistant ,secretary and the ,administrator shall issue regulations1 after providing the public with notice and an opportunity to comment1 prescribing the criteria for selection for grants under this section4 7,b7 ,requirements ,the criteria shall-- 7i7 include performance requirements and a schedule for completion of any project to be financed by a grant under this section2 and 7ii7 specifically permit regional or multi-,state applications for funds4 7,c7 ,updates ,the ,assistant ,secretary and the ,administrator shall update such regulations as necessary4 7#e7 ,grant certifications ,each applicant for a grant under this section shall certify to the ,assistant ,secretary and the ,administrator at the time of application1 and each applicant that receives such a grant shall certify to the ,assistant ,secretary and the ,administrator annually thereafter during any period of time the funds from the grant are available to the applicant1 that-- 7,a7 no portion of any designated #i-a-a charges imposed by a ,state or other taxing jurisdiction within which the applicant is located are being obligated or expended for any purpose other than the purposes for which such charges are designated or presented during the period beginning #ahj days immediately preceding the date on which the application was filed and continuing through the period of time during which the funds from the grant are available to the applicant2 7,b7 any funds received by the applicant will be used to support deployment of ,next ,generation #i-a-a that ensures interoperability by requiring the use of commonly accepted standards2 7,c7 the ,state in which the applicant resides has established1 or has committed to establish no later than #c years following the date on which the funds are distributed to the applicant1 a sustainable funding mechanism for ,next ,generation #i-a-a to be deployed pursuant to the grant2 7,d7 the applicant will promote interoperability between ,next ,generation #i-a-a emergency communications centers and emergency response providers including users of the nationwide public safety broadband network implemented by the ,first ,responder ,network ,authority2 7,e7 the applicant has or will take steps to coordinate with adjoining ,states to establish and maintain ,next ,generation #i-a-a2 and 7,f7 the applicant has developed a plan for public outreach and education on how to best use ,next ,generation #i-a-a and on its capabilities and usefulness4 7#f7 ,condition of grant ,each applicant for a grant under this section shall agree1 as a condition of receipt of the grant1 that if the ,state or other taxing jurisdiction within which the applicant is located1 during any period of time during which the funds from the grant are available to the applicant1 fails to comply with the certifications required under paragraph 7#e71 all of the funds from such grant shall be returned to the ,office4 7#g7 ,penalty for providing false information ,any applicant that provides a certification under paragraph 7#e7 knowing that the information provided in the certification was false shall-- 7,a7 not be eligible to receive the grant under this subsection2 7,b7 return any grant awarded under this subsection during the time that the certification was not valid2 and 7,c7 not be eligible to receive any subsequent grants under this subsection4 7#h7 ,prohibition ,no grant funds under this subsection may be used-- 7,a7 for any component of the ,nationwide ,public ,safety ,broadband ,network2 or 7,b7 to make any payments to a person who has been1 for reasons of national security1 prohibited by any entity of the ,federal ,government from bidding on a contract1 participating in an auction1 or receiving a grant4 7c7 ,funding and termination 7#a7 ,in general ,in addition to any funds authorized for grants under section #aeh1 there is authorized to be appropriated #ab1jjj1jjj1jjj for fiscal years #bjbj through #bjbd4 7#b7 ,administrative costs ,the ,office may use up to #e percent of the funds authorized under this subsection for reasonable and necessary administrative costs associated with the grant program4 7d7 ,definitions ,in this section3 7#a7 #i-a-a request for emergency assistance ,the term #i-a-a request for emergency assistance means a communication1 such as voice1 text1 picture1 multimedia1 or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance4 7#b7 ,commonly accepted standards ,the term commonly accepted standards means-- 7,a7 the technical standards followed by the communications industry for network1 device1 and ,internet ,protocol connectivity1 including but not limited to1 standards developed by the ,third ,generation ,partnership ,project 7#c;,,gpp71 the ,institute of ,electrical and ,electronics ,engineers 7,,ieee71 the ,alliance for ,telecommunications ,industry ,solutions 7,,atis71 the ,internet ,engineering ,taskforce 7,,ietf71 and the ,international ,telecommunications ,union 7,,itu72 and 7,b7 standards that are accredited by a recognized authority such as the ,american ,national ,standards ,institute 7,,ansi74 7#c7 ,designated #i-a-a charges ,the term designated #i-a-a charges means any taxes1 fees1 or other charges imposed by a ,state or other taxing jurisdiction that are designated or presented as dedicated to deliver or improve #i-a-a services1 ,e#i-a-a services1 or ,next ,generation #i-a-a4 7#d7 ,eligible entity ,the term eligible entity-- 7,a7 means a ,state1 local government1 or a tribal organization 7as defined in section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7l7772 7,b7 includes public authorities1 boards1 commissions1 and similar bodies created by one or more eligible entities described in subparagraph 7,a7 to coordinate or provide ,next ,generation #i-a-a2 and 7,c7 does not include any entity that has failed to submit-- 7i7 the certifications required under subsection 7b77#e72 and 7ii7 the most recently required certification under subsection 7c7 within #cj days after the date on which such certification is due4 7#e7 ,emergency communications center ,the term emergency communications center means a facility that is designated to receive a #i-a-a request for emergency assistance and perform one or more of the following functions3 7,a7 ,process and analyze #i-a-a requests for emergency assistance and other gathered information4 7,b7 ,dispatch appropriate emergency response providers4 7,c7 ,transfer or exchange #i-a-a requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers4 7,d7 ,analyze any communications received from emergency response providers4 7,e7 ,support incident command functions4 7#f7 ,emergency response provider ,the term emergency response provider has the meaning given that term under section #b of the ,homeland ,security ,act 7#dg ,u4,s4,c4 #aja7f771 emergency response providers includes ,federal1 ,state1 and local governmental and nongovernmental emergency public safety1 fire1 law enforcement1 emergency response1 emergency medical 7including hospital emergency facilities71 and related personnel1 agencies1 and authorities74 7#g7 ,interoperable ,the term interoperable or interoperability means the capability of emergency communications centers to receive #i-a-a requests for emergency assistance and related data such as location information and callback numbers from the public1 then process and share the #i-a-a requests for emergency assistance and related data with other emergency communications centers and emergency response providers1 regardless of jurisdiction1 equipment1 device1 software1 service provider1 or other relevant factors1 and without the need for proprietary interfaces4 7#h7 ,nationwide ,the term nationwide means all ,states of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 the ,northern ,mariana ,islands1 any other territory or possession of the ,united ,states1 and each federally recognized ,indian tribe4 7#i7 ,nationwide public safety broadband network ,the term nationwide public safety broadband network has the meaning given the term in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja74 7#aj7 ,next generation #i-a-a ,the term ,next ,generation #i-a-a means an interoperable1 secure1 ,internet ,protocol-based system that-- 7,a7 employs commonly accepted standards2 7,b7 enables the appropriate emergency communications centers to receive1 process1 and analyze all types of #i-a-a requests for emergency assistance2 7,c7 acquires and integrates additional information useful to handling #i-a-a requests for emergency assistance2 and 7,d7 supports sharing information related to #i-a-a requests for emergency assistance among emergency communications centers and emergency response providers4 7#aa7 ,office ,the term ,office means the ,next ,generation #i-a-a ,implementation ,coordination ,office established under section #aeh of this title4 7#ab7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 7#ac7 ,sustainable funding mechanism ,the term sustainable funding mechanism means a funding mechanism that provides adequate revenues to cover ongoing expenses1 including operations1 maintenance1 and upgrades4 4 #abjjf4 ,savings provision ,nothing in this subtitle or any amendment made by this subtitle shall affect any application pending or grant awarded under section #aeh of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #idb7 prior to date of the enactment of this ,act4 ,c ,broadband ,infrastructure ,finance and ,innovation #acjja4 ,short title ,this subtitle may be cited as the ,broadband ,infrastructure ,finance and ,innovation ,act of #bjai4 #acjjb4 ,definitions ,in this subtitle3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,,bifia program ,the term ,,bifia program means the broadband infrastructure finance and innovation program established under this subtitle4 7#c7 ,broadband service ,the term broadband service-- 7,a7 means broadband internet access service that is a mass-market retail service1 or a service provided to an entity described in paragraph 7#ab77;,b77ii71 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#d7 ,eligible project costs ,the term eligible project costs means amounts substantially all of which are paid by1 or for the account of1 an obligor in connection with a project1 including the cost of-- 7,a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 historic preservation review1 permitting1 preliminary engineering and design work1 and other preconstruction activities2 7,b7 construction and deployment phase activities1 including-- 7i7 construction1 reconstruction1 rehabilitation1 replacement1 and acquisition of real property 7including land relating to the project and improvements to land71 equipment1 instrumentation1 networking capability1 hardware and software1 and digital network technology2 7ii7 environmental mitigation2 and 7iii7 construction contingencies2 and 7,c7 capitalized interest necessary to meet market requirements1 reasonably required reserve funds1 capital issuance expenses1 and other carrying costs during construction and deployment4 7#e7 ,federal credit instrument ,the term ,federal credit instrument means a secured loan1 loan guarantee1 or line of credit authorized to be made available under the ,,bifia program with respect to a project4 7#f7 ,investment-grade rating ,the term investment-grade rating means a rating of ,,bbb minus1 ,baa#c1 bbb minus1 ,,bbb 7low71 or higher assigned by a rating agency to project obligations4 7#g7 ,lender ,the term lender means any non-,federal qualified institutional buyer 7as defined in section #bcj4add;,a7a7 of title #ag1 ,code of ,federal ,regulations 7or any successor regulation71 known as ,rule #add;,a7a7 of the ,securities and ,exchange ,commission and issued under the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;a et seq4771 including-- 7,a7 a qualified retirement plan 7as defined in section #digd7;c7 of the ,internal ,revenue ,code of #aihf7 that is a qualified institutional buyer2 and 7,b7 a governmental plan 7as defined in section #dad7;d7 of the ,internal ,revenue ,code of #aihf7 that is a qualified institutional buyer4 7#h7 ,letter of interest ,the term letter of interest means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the ,assistant ,secretary on the website of the ,,bifia program that-- 7,a7 describes the project and the location1 purpose1 and cost of the project2 7,b7 outlines the proposed financial plan1 including the requested credit assistance and the proposed obligor2 7,c7 provides a status of environmental review2 and 7,d7 provides information regarding satisfaction of other eligibility requirements of the ,,bifia program4 7#i7 ,line of credit ,the term line of credit means an agreement entered into by the ,assistant ,secretary with an obligor under section #acjje to provide a direct loan at a future date upon the occurrence of certain events4 7#aj7 ,loan guarantee ,the term loan guarantee means any guarantee or other pledge by the ,assistant ,secretary to pay all or part of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender4 7#aa7 ,obligor ,the term obligor means a party that-- 7,a7 is primarily liable for payment of the principal of or interest on a ,federal credit instrument2 and 7,b7 may be a corporation1 company1 partnership1 joint venture1 trust1 or governmental entity1 agency1 or instrumentality4 7#ab7 ,project ,the term project means a project-- 7,a7 to construct and deploy infrastructure for the provision of broadband service2 and 7,b7 that the ,assistant ,secretary determines will-- 7i7 provide access or improved access to broadband service to consumers residing in areas of the ,united ,states that have no access to broadband service or do not have access to broadband service offered-- 7,i7 with a download speed of at least #be megabits per second2 7,,ii7 with an upload speed of at least #c megabits per second2 and 7,,iii7 with latency that is sufficiently low to allow real-time1 interactive applications2 or 7ii7 provide access or improved access to broadband service to-- 7,i7 schools1 libraries1 medical and healthcare providers1 community colleges and other institutions of higher education1 and other community support organizations and entities to facilitate greater use of broadband service by or through such organizations2 7,,ii7 organizations and agencies that provide outreach1 access1 equipment1 and support services to facilitate greater use of broadband service by low-income1 unemployed1 aged1 and otherwise vulnerable populations2 7,,iii7 job-creating strategic facilities located within a ,state-designated economic zone1 ,economic ,development ,district designated by the ,department of ,commerce1 ,renewal ,community or ,empowerment ,zone designated by the ,department of ,housing and ,urban ,development1 or ,enterprise ,community designated by the ,department of ,agriculture2 or 7,,iv7 public safety agencies4 7#ac7 ,project obligation ,the term project obligation means any note1 bond1 debenture1 or other debt obligation issued by an obligor in connection with the financing of a project1 other than a ,federal credit instrument4 7#ad7 ,public authority ,the term public authority means a ,federal1 ,state1 county1 town1 or township1 ,indian ,tribe1 municipal or other local government or instrumentality with authority to finance1 build1 operate1 or maintain infrastructure for the provision of broadband service4 7#ae7 ,rating agency ,the term rating agency means a credit rating agency registered with the ,securities and ,exchange ,commission as a nationally recognized statistical rating organization 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a7774 7#af7 ,secured loan ,the term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the ,assistant ,secretary in connection with the financing of a project under section #acjjd4 7#ag7 ,small project ,the term small project means a project having eligible project costs that are reasonably anticipated not to equal or exceed #bj1jjj1jjj4 7#ah7 ,state ,the term ,state has the meaning given such term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7#ai7 ,subsidy amount ,the term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the ,federal ,government of a ,federal credit instrument-- 7,a7 calculated on a net present value basis2 and 7,b7 excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et seq474 7#bj7 ,substantial completion ,the term substantial completion means1 with respect to a project receiving credit assistance under the ,,bifia program-- 7,a7 the commencement of the provision of broadband service using the infrastructure being financed2 or 7,b7 a comparable event1 as determined by the ,assistant ,secretary and specified in the credit agreement4 #acjjc4 ,determination of eligibility and project selection 7a7 ,eligibility 7#a7 ,in general ,a project shall be eligible to receive credit assistance under the ,,bifia program if-- 7,a7 the entity proposing to carry out the project submits a letter of interest prior to submission of a formal application for the project2 and 7,b7 the project meets the criteria described in this subsection4 7#b7 ,creditworthiness 7,a7 ,in general ,except as provided in subparagraph 7,b71 to be eligible for assistance under the ,,bifia program1 a project shall satisfy applicable creditworthiness standards1 which1 at a minimum1 shall include-- 7i7 adequate coverage requirements to ensure repayment2 7ii7 an investment-grade rating from at least #b rating agencies on debt senior to the ,federal credit instrument2 and 7iii7 a rating from at least #b rating agencies on the ,federal credit instrument4 7,b7 ,small projects ,in order for a small project to be eligible for assistance under the ,,bifia program1 such project shall satisfy alternative creditworthiness standards that shall be established by the ,assistant ,secretary under section #acjjf for purposes of this paragraph4 7#c7 ,application ,a ,state1 local government1 agency or instrumentality of a ,state or local government1 public authority1 public-private partnership1 or any other legal entity undertaking the project and authorized by the ,assistant ,secretary shall submit a project application that is acceptable to the ,assistant ,secretary4 7#d7 ,eligible project cost parameters for infrastructure projects ,eligible project costs shall be reasonably anticipated to equal or exceed #b1jjj1jjj in the case of a project or program of projects-- 7,a7 in which the applicant is a local government1 instrumentality of local government1 or public authority 7other than a public authority that is a ,federal or ,state government or instrumentality72 7,b7 located on a facility owned by a local government2 or 7,c7 for which the ,assistant ,secretary determines that a local government is substantially involved in the development of the project4 7#e7 ,dedicated revenue sources ,the applicable ,federal credit instrument shall be repayable1 in whole or in part1 from-- 7,a7 amounts charged to-- 7i7 subscribers of broadband service for such service2 or 7ii7 subscribers of any related service provided over the same infrastructure for such related service2 7,b7 user fees2 7,c7 payments owing to the obligor under a public-private partnership2 or 7,d7 other dedicated revenue sources that also secure or fund the project obligations4 7#f7 ,applications where obligor will be identified later ,a ,state1 local government1 agency or instrumentality of a ,state or local government1 or public authority may submit to the ,assistant ,secretary an application under paragraph 7#c71 under which a private party to a public-private partnership will be-- 7,a7 the obligor2 and 7,b7 identified later through completion of a procurement and selection of the private party4 7#g7 ,beneficial effects ,the ,assistant ,secretary shall determine that financial assistance for the project under the ,,bifia program will-- 7,a7 foster1 if appropriate1 partnerships that attract public and private investment for the project2 7,b7 enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs 7including debt service costs7 of the project2 and 7,c7 reduce the contribution of ,federal grant assistance for the project4 7#h7 ,project readiness ,to be eligible for assistance under the ,,bifia program1 the applicant shall demonstrate a reasonable expectation that the contracting process for the construction and deployment of infrastructure for the provision of broadband service through the project can commence by no later than #ij days after the date on which a ,federal credit instrument is obligated for the project under the ,,bifia program4 7b7 ,selection ,among ,eligible ,projects 7#a7 ,establishment of application process ,the ,assistant ,secretary shall establish a rolling application process under which projects that are eligible to receive credit assistance under subsection 7a7 shall receive credit assistance on terms acceptable to the ,assistant ,secretary1 if adequate funds are available to cover the subsidy costs associated with the ,federal credit instrument4 7#b7 ,preliminary rating opinion letter ,the ,assistant ,secretary shall require each project applicant to provide-- 7,a7 a preliminary rating opinion letter from at least #a rating agency-- 7i7 indicating that the senior obligations of the project1 which may be the ,federal credit instrument1 have the potential to achieve an investment-grade rating2 and 7ii7 including a preliminary rating opinion on the ,federal credit instrument2 or 7,b7 in the case of a small project1 alternative documentation that the ,assistant ,secretary shall require in the standards established under section #acjjf for purposes of this paragraph4 7#c7 ,technology neutrality required ,in selecting projects to receive credit assistance under the ,,bifia program1 the ,assistant ,secretary may not favor a project using any particular technology4 7c7 ,federal ,requirements 7#a7 ,in general ,the following provisions of law shall apply to funds made available under the ,,bifia program and projects assisted with those funds3 7,a7 ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7,b7 ,the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 #ed ,u4,s4,c4 #cjjaja et seq4 7commonly referred to as the ,national ,historic ,preservation ,act74 7,d7 ,the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq474 7#b7 ,,nepa ,no funding shall be obligated for a project that has not received an environmental categorical exclusion1 a finding of no significant impact1 or a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,title ,,vi of the ,civil ,rights ,act of #aifd ,for purposes of title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 any project that receives credit assistance under the ,,bifia program shall be considered a program or activity within the meaning of section #fjf of such title 7#db ,u4,s4,c4 #bjjj;d-#d;a74 7d7 ,application ,processing ,procedures 7#a7 ,notice of complete application ,not later than #cj days after the date of receipt of an application under this section1 the ,assistant ,secretary shall provide to the applicant a written notice to inform the applicant whether-- 7,a7 the application is complete2 or 7,b7 additional information or materials are needed to complete the application4 7#b7 ,approval or denial of application ,not later than #fj days after the date of issuance of the written notice under paragraph 7#a71 the ,assistant ,secretary shall provide to the applicant a written notice informing the applicant whether the ,assistant ,secretary has approved or disapproved the application4 7#c7 ,approval before ,,nepa review ,subject to subsection 7c77#b71 an application for a project may be approved before the project receives an environmental categorical exclusion1 a finding of no significant impact1 or a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7e7 ,development ,phase ,activities ,any credit instrument secured under the ,,bifia program may be used to finance up to #ajj percent of the cost of development phase activities as described in section #acjjb7d77;,a74 #acjjd4 ,secured loans 7a7 ,in ,general 7#a7 ,agreements ,subject to paragraphs 7#b7 and 7#c71 the ,assistant ,secretary may enter into agreements with one or more obligors to make secured loans1 the proceeds of which shall be used-- 7,a7 to finance eligible project costs of any project selected under section #acjjc2 7,b7 to refinance interim construction financing of eligible project costs of any project selected under section #acjjc2 or 7,c7 to refinance long-term project obligations or ,federal credit instruments1 if the refinancing provides additional funding capacity for the completion1 enhancement1 or expansion of any project that-- 7i7 is selected under section #acjjc2 or 7ii7 otherwise meets the requirements of section #acjjc4 7#b7 ,limitation on refinancing of interim construction financing ,a loan under paragraph 7#a7 shall not refinance interim construction financing under paragraph 7#a77;,b7-- 7,a7 if the maturity of such interim construction financing is later than #a year after the substantial completion of the project2 and 7,b7 later than #a year after the date of substantial completion of the project4 7#c7 ,risk assessment ,before entering into an agreement under this subsection1 the ,assistant ,secretary1 in consultation with the ,director of the ,office of ,management and ,budget1 shall determine an appropriate capital reserve subsidy amount for each secured loan1 taking into account each rating letter provided by a rating agency under section #acjjc7;b77#b77;,a77ii7 or1 in the case of a small project1 the alternative documentation provided under section #acjjc7;b77#b77;,b74 7b7 ,terms and ,limitations 7#a7 ,in general ,a secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants1 representations1 warranties1 and requirements 7including requirements for audits7 as the ,assistant ,secretary determines to be appropriate4 7#b7 ,maximum amount ,the amount of a secured loan under this section shall not exceed the lesser of #di percent of the reasonably anticipated eligible project costs or1 if the secured loan is not for a small project and does not receive an investment-grade rating1 the amount of the senior project obligations4 7#c7 ,payment ,a secured loan under this section-- 7,a7 shall-- 7i7 be payable1 in whole or in part1 from-- 7,i7 amounts charged to-- 7aa7 subscribers of broadband service for such service2 or 7bb7 subscribers of any related service provided over the same infrastructure for such related service2 7,,ii7 user fees2 7,,iii7 payments owing to the obligor under a public-private partnership2 or 7,,iv7 other dedicated revenue sources that also secure the senior project obligations2 and 7ii7 include a coverage requirement or similar security feature supporting the project obligations2 and 7,b7 may have a lien on revenues described in subparagraph 7,a71 subject to any lien securing project obligations4 7#d7 ,interest rate ,the interest rate on a secured loan under this section shall be not less than the yield on ,united ,states ,treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement4 7#e7 ,maturity date ,the final maturity date of the secured loan shall be the lesser of-- 7,a7 #ce years after the date of substantial completion of the project2 and 7,b7 if the useful life of the infrastructure for the provision of broadband service being financed is of a lesser period1 the useful life of the infrastructure4 7#f7 ,nonsubordination 7,a7 ,in general ,except as provided in subparagraph 7,b71 the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor4 7,b7 ,preexisting indenture 7i7 ,in general ,the ,assistant ,secretary shall waive the requirement under subparagraph 7,a7 for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture1 if-- 7,i7 the secured loan-- 7aa7 is rated in the ,a category or higher2 or 7bb7 in the case of a small project1 meets an alternative standard that the ,assistant ,secretary shall establish under section #acjjf for purposes of this subclause2 7,,ii7 the secured loan is secured and payable from pledged revenues not affected by project performance1 such as a tax-backed revenue pledge or a system-backed pledge of project revenues2 and 7,,iii7 the ,,bifia program share of eligible project costs is #cc percent or less4 7ii7 ,limitation ,if the ,assistant ,secretary waives the nonsubordination requirement under this subparagraph-- 7,i7 the maximum credit subsidy to be paid by the ,federal ,government shall be not more than #aj percent of the principal amount of the secured loan2 and 7,,ii7 the obligor shall be responsible for paying the remainder of the subsidy cost1 if any4 7#g7 ,fees ,the ,assistant ,secretary may establish fees at a level sufficient to cover all or a portion of the costs to the ,federal ,government of making a secured loan under this section4 7#h7 ,non-,federal share ,the proceeds of a secured loan under the ,,bifia program1 if the loan is repayable from non-,federal funds-- 7,a7 may be used for any non-,federal share of project costs required under this subtitle2 and 7,b7 shall not count toward the total ,federal assistance provided for a project for purposes of paragraph 7#i74 7#i7 ,maximum ,federal involvement ,the total ,federal assistance provided for a project receiving a loan under the ,,bifia program shall not exceed #hj percent of the total project cost4 7c7 ,repayment 7#a7 ,schedule ,the ,assistant ,secretary shall establish a repayment schedule for each secured loan under this section based on-- 7,a7 the projected cash flow from project revenues and other repayment sources2 and 7,b7 the useful life of the infrastructure for the provision of broadband service being financed4 7#b7 ,commencement ,scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than #e years after the date of substantial completion of the project4 7#c7 ,deferred payments 7,a7 ,in general ,if1 at any time after the date of substantial completion of the project1 the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan1 the ,assistant ,secretary may1 subject to subparagraph 7,c71 allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan4 7,b7 ,interest ,any payment deferred under subparagraph 7,a7 shall-- 7i7 continue to accrue interest in accordance with subsection 7b77#d7 until fully repaid2 and 7ii7 be scheduled to be amortized over the remaining term of the loan4 7,c7 ,criteria 7i7 ,in general ,any payment deferral under subparagraph 7,a7 shall be contingent on the project meeting criteria established by the ,assistant ,secretary4 7ii7 ,repayment standards ,the criteria established pursuant to clause 7i7 shall include standards for reasonable assurance of repayment4 7#d7 ,prepayment 7,a7 ,use of excess revenues ,any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement1 bond resolution1 or similar agreement securing project obligations may be applied annually to prepay the secured loan without penalty4 7,b7 ,use of proceeds of refinancing ,the secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-,federal funding sources4 7d7 ,sale of ,secured ,loans 7#a7 ,in general ,subject to paragraph 7#b71 as soon as practicable after substantial completion of a project and after notifying the obligor1 the ,assistant ,secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the ,assistant ,secretary determines that the sale or reoffering can be made on favorable terms4 7#b7 ,consent of obligor ,in making a sale or reoffering under paragraph 7#a71 the ,assistant ,secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor4 7e7 ,loan ,guarantees 7#a7 ,in general ,the ,assistant ,secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the ,assistant ,secretary determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan4 7#b7 ,terms ,the terms of a loan guarantee under paragraph 7#a7 shall be consistent with the terms required under this section for a secured loan1 except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender1 with the consent of the ,assistant ,secretary4 7f7 ,streamlined ,application ,process 7#a7 ,in general ,the ,assistant ,secretary shall develop one or more expedited application processes1 available at the request of entities seeking secured loans under the ,,bifia program1 that use a set or sets of conventional terms established pursuant to this section4 7#b7 ,terms ,in establishing the streamlined application process required by this subsection1 the ,assistant ,secretary may allow for an expedited application period and include terms such as those that require-- 7,a7 that the project be a small project2 7,b7 the secured loan to be secured and payable from pledged revenues not affected by project performance1 such as a tax-backed revenue pledge1 tax increment financing1 or a system-backed pledge of project revenues2 and 7,c7 repayment of the loan to commence not later than #e years after disbursement4 #acjje4 ,lines of credit 7a7 ,in ,general 7#a7 ,agreements ,subject to paragraphs 7#b7 through 7#d71 the ,assistant ,secretary may enter into agreements to make available to one or more obligors lines of credit in the form of direct loans to be made by the ,assistant ,secretary at future dates on the occurrence of certain events for any project selected under section #acjjc4 7#b7 ,use of proceeds ,the proceeds of a line of credit made available under this section shall be available to pay debt service on project obligations issued to finance eligible project costs1 extraordinary repair and replacement costs1 operation and maintenance expenses1 and costs associated with unexpected ,federal or ,state environmental restrictions4 7#c7 ,risk assessment 7,a7 ,in general ,except as provided in subparagraph 7,b71 before entering into an agreement under this subsection1 the ,assistant ,secretary1 in consultation with the ,director of the ,office of ,management and ,budget and each rating agency providing a preliminary rating opinion letter under section #acjjc7;b77#b77;,a71 shall determine an appropriate capital reserve subsidy amount for each line of credit1 taking into account the rating opinion letter4 7,b7 ,small projects ,before entering into an agreement under this subsection to make available a line of credit for a small project1 the ,assistant ,secretary1 in consultation with the ,director of the ,office of ,management and ,budget1 shall determine an appropriate capital reserve subsidy amount for each such line of credit1 taking into account the alternative documentation provided under section #acjjc7;b77#b77;,b7 instead of preliminary rating opinion letters provided under section #acjjc7;b77#b77;,a74 7#d7 ,investment-grade rating requirement ,the funding of a line of credit under this section shall be contingent on-- 7,a7 the senior obligations of the project receiving an investment-grade rating from #b rating agencies2 or 7,b7 in the case of a small project1 the project meeting an alternative standard that the ,assistant ,secretary shall establish under section #acjjf for purposes of this paragraph4 7b7 ,terms and ,limitations 7#a7 ,in general ,a line of credit under this section with respect to a project shall be on such terms and conditions and contain such covenants1 representations1 warranties1 and requirements 7including requirements for audits7 as the ,assistant ,secretary determines to be appropriate4 7#b7 ,maximum amounts ,the total amount of a line of credit under this section shall not exceed #cc percent of the reasonably anticipated eligible project costs4 7#c7 ,draws ,any draw on a line of credit under this section shall-- 7,a7 represent a direct loan2 and 7,b7 be made only if net revenues from the project 7including capitalized interest1 but not including reasonably required financing reserves7 are insufficient to pay the costs specified in subsection 7a77#b74 7#d7 ,interest rate ,the interest rate on a direct loan resulting from a draw on the line of credit shall be not less than the yield on #cj-year ,united ,states ,treasury securities1 as of the date of execution of the line of credit agreement4 7#e7 ,security ,a line of credit issued under this section-- 7,a7 shall-- 7i7 be payable1 in whole or in part1 from-- 7,i7 amounts charged to-- 7aa7 subscribers of broadband service for such service2 or 7bb7 subscribers of any related service provided over the same infrastructure for such related service2 7,,ii7 user fees2 7,,iii7 payments owing to the obligor under a public-private partnership2 or 7,,iv7 other dedicated revenue sources that also secure the senior project obligations2 and 7ii7 include a coverage requirement or similar security feature supporting the project obligations2 and 7,b7 may have a lien on revenues described in subparagraph 7,a71 subject to any lien securing project obligations4 7#f7 ,period of availability ,the full amount of a line of credit under this section1 to the extent not drawn upon1 shall be available during the #aj-year period beginning on the date of substantial completion of the project4 7#g7 ,rights of third-party creditors 7,a7 ,against ,federal ,government ,a third-party creditor of the obligor shall not have any right against the ,federal ,government with respect to any draw on a line of credit under this section4 7,b7 ,assignment ,an obligor may assign a line of credit under this section to-- 7i7 one or more lenders2 or 7ii7 a trustee on the behalf of such a lender4 7#h7 ,nonsubordination 7,a7 ,in general ,except as provided in subparagraph 7,b71 a direct loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor4 7,b7 ,pre-existing indenture 7i7 ,in general ,the ,assistant ,secretary shall waive the requirement of subparagraph 7,a7 for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture1 if-- 7,i7 the line of credit-- 7aa7 is rated in the ,a category or higher2 or 7bb7 in the case of a small project1 meets an alternative standard that the ,assistant ,secretary shall establish under section #acjjf for purposes of this subclause2 7,,ii7 the ,,bifia program loan resulting from a draw on the line of credit is payable from pledged revenues not affected by project performance1 such as a tax-backed revenue pledge or a system-backed pledge of project revenues2 and 7,,iii7 the ,,bifia program share of eligible project costs is #cc percent or less4 7ii7 ,limitation ,if the ,assistant ,secretary waives the nonsubordination requirement under this subparagraph-- 7,i7 the maximum credit subsidy to be paid by the ,federal ,government shall be not more than #aj percent of the principal amount of the secured loan2 and 7,,ii7 the obligor shall be responsible for paying the remainder of the subsidy cost4 7#i7 ,fees ,the ,assistant ,secretary may establish fees at a level sufficient to cover all or a portion of the costs to the ,federal ,government of providing a line of credit under this section4 7#aj7 ,relationship to other credit instruments ,a project that receives a line of credit under this section also shall not receive a secured loan or loan guarantee under section #acjjd in an amount that1 combined with the amount of the line of credit1 exceeds #di percent of eligible project costs4 7c7 ,repayment 7#a7 ,terms and conditions ,the ,assistant ,secretary shall establish repayment terms and conditions for each direct loan under this section based on-- 7,a7 the projected cash flow from project revenues and other repayment sources2 and 7,b7 the useful life of the infrastructure for the provision of broadband service being financed4 7#b7 ,timing ,all repayments of principal or interest on a direct loan under this section shall be scheduled-- 7,a7 to commence not later than #e years after the end of the period of availability specified in subsection 7b77#f72 and 7,b7 to conclude1 with full repayment of principal and interest1 by the date that is #be years after the end of the period of availability specified in subsection 7b77#f74 #acjjf4 ,alternative prudential lending standards for small projects ,not later than #ahj days after the date of the enactment of this ,act1 the ,assistant ,secretary shall establish alternative1 streamlined prudential lending standards for small projects receiving credit assistance under the ,,bifia program to ensure that such projects pose no additional risk to the ,federal ,government1 as compared with projects that are not small projects4 #acjjg4 ,program administration 7a7 ,requirement ,the ,assistant ,secretary shall establish a uniform system to service the ,federal credit instruments made available under the ,,bifia program4 7b7 ,fees ,the ,assistant ,secretary may collect and spend fees1 contingent on authority being provided in appropriations ,acts1 at a level that is sufficient to cover-- 7#a7 the costs of services of expert firms retained pursuant to subsection 7d72 and 7#b7 all or a portion of the costs to the ,federal ,government of servicing the ,federal credit instruments4 7c7 ,servicer 7#a7 ,in general ,the ,assistant ,secretary may appoint a financial entity to assist the ,assistant ,secretary in servicing the ,federal credit instruments4 7#b7 ,duties ,a servicer appointed under paragraph 7#a7 shall act as the agent for the ,assistant ,secretary4 7#c7 ,fee ,a servicer appointed under paragraph 7#a7 shall receive a servicing fee1 subject to approval by the ,assistant ,secretary4 7d7 ,assistance ,from ,expert ,firms ,the ,assistant ,secretary may retain the services of expert firms1 including counsel1 in the field of municipal and project finance to assist in the underwriting and servicing of ,federal credit instruments4 7e7 ,expedited ,processing ,the ,assistant ,secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the ,,bifia program4 7f7 ,assistance to ,small ,projects ,of the amount appropriated under section #acjaj7;a71 and after the set-aside for administrative expenses under section #acjaj7;b71 not less than #bj percent shall be made available for the ,assistant ,secretary to use in lieu of fees collected under subsection 7b7 for small projects4 #acjjh4 ,state and local permits ,the provision of credit assistance under the ,,bifia program with respect to a project shall not-- 7#a7 relieve any recipient of the assistance of any obligation to obtain any required ,state or local permit or approval with respect to the project2 7#b7 limit the right of any unit of ,state or local government to approve or regulate any rate of return on private equity invested in the project2 or 7#c7 otherwise supersede any ,state or local law 7including any regulation7 applicable to the construction or operation of the project4 #acjji4 ,regulations ,the ,assistant ,secretary may promulgate such regulations as the ,assistant ,secretary determines to be appropriate to carry out the ,,bifia program4 #acjaj4 ,funding 7a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,assistant ,secretary to carry out this subtitle #e1jjj1jjj1jjj for fiscal year #bjbj1 to remain available until expended4 7b7 ,administrative expenses ,of the amount appropriated under subsection 7a71 the ,assistant ,secretary may use not more than #e percent for the administration of the ,,bifia program4 #acjaa4 ,reports to ,congress 7a7 ,in ,general ,not later than #a year after the date of the enactment of this ,act1 and every #b years thereafter1 the ,assistant ,secretary shall submit to ,congress a report summarizing the financial performance of the projects that are receiving1 or have received1 assistance under the ,,bifia program1 including a recommendation as to whether the objectives of the ,,bifia program are best served by-- 7#a7 continuing the program under the authority of the ,assistant ,secretary2 or 7#b7 establishing a ,federal corporation or federally sponsored enterprise to administer the program4 7b7 ,application ,process ,report 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,assistant ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that includes a list of all of the letters of interest and applications received for assistance under the ,,bifia program during the preceding fiscal year4 7#b7 ,inclusions 7,a7 ,in general ,each report under paragraph 7#a7 shall include1 at a minimum1 a description of1 with respect to each letter of interest and application included in the report-- 7i7 the date on which the letter of interest or application was received2 7ii7 the date on which a notification was provided to the applicant regarding whether the application was complete or incomplete2 7iii7 the date on which a revised and completed application was submitted 7if applicable72 7iv7 the date on which a notification was provided to the applicant regarding whether the project was approved or disapproved2 and 7v7 if the project was not approved1 the reason for the disapproval4 7,b7 ,correspondence ,each report under paragraph 7#a7 shall include copies of any correspondence provided to the applicant in accordance with section #acjjc7;d74 ,,ii ,drinking ,water ,infrastructure ,a ,,pfas ,infrastructure ,grant ,program #bajja4 ,short title ,this subtitle may be cited as the ,providing ,financial ,assistance for ,safe ,drinking ,water ,act or the ,,pfas ,drinking ,water ,act4 #bajjb4 ,establishment of ,,pfas ,infrastructure ,grant ,program ,part ,e of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j et seq47 is amended by adding at the end the following new section3 #adei;,e4 ,assistance for community water systems affected by ,,pfas 7a7 ,establishment ,not later than #ahj days after the date of enactment of this section1 the ,administrator shall establish a program to award grants to affected community water systems to pay for capital costs associated with the implementation of eligible treatment technologies4 7b7 ,applications 7#a7 ,guidance ,not later than #ab months after the date of enactment of this section1 the ,administrator shall publish guidance describing the form and timing for community water systems to apply for grants under this section4 7#b7 ,required information ,the ,administrator shall require a community water system applying for a grant under this section to submit-- 7,a7 information showing the presence of ,,pfas in water of the community water system2 and 7,b7 a certification that the treatment technology in use by the community water system at the time of application is not sufficient to remove all detectable amounts of ,,pfas4 7c7 ,list of eligible treatment technologies ,not later than #aej days after the date of enactment of this section1 and every two years thereafter1 the ,administrator shall publish a list of treatment technologies that the ,administrator determines are effective at removing all detectable amounts of ,,pfas from drinking water4 7d7 ,priority for funding ,in awarding grants under this section1 the ,administrator shall prioritize affected community water systems that-- 7#a7 serve a disadvantaged community2 7#b7 will provide at least a #aj percent cost share for the cost of implementing an eligible treatment technology2 or 7#c7 demonstrate the capacity to maintain the eligible treatment technology to be implemented using the grant4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section not more than #ejj1jjj1jjj for each of the fiscal years #bjbj through #bjbd4 7f7 ,definitions ,in this section3 7#a7 ,affected community water system ,the term affected community water system means a community water system that is affected by the presence of ,,pfas in the water in the community water system4 7#b7 ,disadvantaged community ,the term disadvantaged community has the meaning given that term in section #adeb4 7#c7 ,eligible treatment technology ,the term eligible treatment technology means a treatment technology included on the list published under subsection 7c74 4 #bajjc4 ,definition ,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 ,,pfas ,the term ,,pfas means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom4 4 ,b ,extensions #bbjja4 ,funding 7a7 ,state revolving loan funds ,section #adeb7m77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7m77#a77 is amended-- 7#a7 in subparagraph 7,b71 by striking and2 7#b7 in subparagraph 7,c71 by striking #bjba4 and inserting #bjba22 and 7#c7 by adding at the end the following3 7,d7 #d1adj1jjj1jjj for fiscal year #bjbb2 7,e7 #d1hjj1jjj1jjj for fiscal year #bjbc2 and 7,f7 #e1ejj1jjj1jjj for fiscal year #bjbd4 4 7b7 ,indian reservation drinking water program ,section #bjja7;d7 of ,america's ,water ,infrastructure ,act of #bjah 7,public ,law #aae-bgj7 is amended by striking #bjbb and inserting #bjbd4 7c7 ,voluntary ,school and ,child ,care ,program ,lead ,testing ,grant ,program ,section #adfd7;d77#h7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#bd7;d77#h77 is amended by striking #bjba and inserting #bjbd4 7d7 ,drinking water fountain replacement for schools ,section #adfe7;d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#be7;d77 is amended by striking #bjba and inserting #bjbd4 7e7 ,technical assistance and grants ,section #adcc7;g77#f7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;i-#b7;g77#f77 is amended by striking #bjba and inserting #bjbd4 7f7 ,grants for ,state programs ,section #addc7;a77#g7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#b7;a77#g77 is amended by striking #bjba and inserting #bjbd4 #bbjjb4 ,american iron and steel products ,section #adeb7;a77#d77;,a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#d77;,a77 is amended by striking #bjbc and inserting #bjbd4 ,,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 section #eae1jjj1jjj for each of fiscal years #bjbj through #bjbd1 of which not more than #ae1jjj1jjj per fiscal year may be used for administrative expenses4 #b #bast ,century ,power ,grid #cabja4 ,grant program for grid modernization projects 7a7 ,in general ,the ,secretary of ,energy shall establish a program to provide financial assistance to eligible partnerships to carry out projects related to the modernization of the electric grid1 including-- 7#a7 projects for the application of technologies to improve monitoring of1 advanced controls for1 and prediction of performance of1 the distribution system2 and 7#b7 projects related to transmission system interconnections4 7b7 ,eligible projects ,to be eligible for financial assistance under subsection 7a71 a project shall-- 7#a7 be designed to-- 7,a7 improve the resiliency1 performance1 and efficiency of the future electric grid1 while ensuring the continued provision of safe1 secure1 reliable1 and affordable power2 or 7,b7 deploy a new product or technology that could be used by customers of an electric utility2 and 7#b7 demonstrate-- 7,a7 secure integration and management of energy resources1 including through distributed energy generation1 combined heat and power1 micro-grids1 energy storage1 electric vehicles1 energy efficiency1 demand response1 or intelligent loads2 or 7,b7 secure integration and interoperability of communications and information technologies related to the electric grid4 7c7 ,cybersecurity plan ,each project carried out with assistance provided under subsection 7a7 shall include the development of a cybersecurity plan written in accordance with guidelines developed by the ,secretary4 7d7 ,privacy effects analysis ,each project carried out with assistance provided under subsection 7a7 shall include a privacy effects analysis that evaluates the project in accordance with 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 ,definitions ,in this section3 7#a7 ,eligible partnership ,the term eligible partnership means a partnership consisting of two or more entities1 which-- 7,a7 may include-- 7i7 any institution of higher education2 7ii7 a ,national ,laboratory2 7iii7 a ,state or a local government or other public body created by or pursuant to ,state law2 7iv7 an ,indian ,tribe2 7v7 a ,federal power marketing administration2 or 7vi7 an entity that develops and provides technology2 and 7,b7 shall include at least one of any of-- 7i7 an electric utility2 7ii7 a regional transmission organization2 or 7iii7 an independent system operator4 7#b7 ,electric utility ,the term electric utility has the meaning given that term in section #c7bb7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif7bb771 except that such term does not include an entity described in subparagraph 7,b7 of such section4 7#c7 ,federal power marketing administration ,the term ,federal power marketing administration means the ,bonneville ,power ,administration1 the ,southeastern ,power ,administration1 the ,southwestern ,power ,administration1 or the ,western ,area ,power ,administration4 7#d7 ,independent system operator2 regional transmission organization ,the terms independent system operator and regional transmission organization have the meanings given those terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#e7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #bjj1jjj1jjj for each of fiscal years #bjbj through #bjbd1 to remain available until expended4 #cabjb4 ,interregional transmission planning report ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to ,congress a report that-- 7#a7 examines the effectiveness of interregional transmission planning processes for identifying transmission projects across regions that provide economic1 reliability1 or operational benefits1 taking into consideration the public interest1 the integrity of markets1 and the protection of consumers2 7#b7 evaluates the current architecture of regional electricity grids 7including international transmission connections of such grids7 that together comprise the ,nation's electricity grid1 with respect to-- 7,a7 potential growth in renewable energy generation1 including energy generation from offshore wind2 7,b7 potential growth in electricity demand2 and 7,c7 retirement of existing electricity generation assets2 7#c7 analyzes-- 7,a7 the range of benefits that interregional transmission provides2 7,b7 the impact of basing transmission project approvals on a comprehensive assessment of the multiple benefits provided2 7,c7 synchronization of processes described in paragraph 7#a7 among neighboring regions2 7,d7 how often interregional transmission planning should be completed2 7,e7 whether voltage1 size1 or cost requirements should be a factor in the approval of interregional transmission projects2 7,f7 cost allocation methodologies for interregional transmission projects2 and 7,g7 current barriers and challenges to construction of interregional transmission projects2 and 7#d7 identifies potential changes1 based on the analysis under paragraph 7#c71 to the processes described in paragraph 7#a7 to ensure the most efficient1 cost effective1 and broadly beneficial transmission projects are selected for construction4 #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 #bjbj through #bjbd1 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 #bjbj through #bjbd4 ,b ,energy ,efficient ,infrastructure #a ,efficiency ,grants for ,state and ,local ,governments #cbaja4 ,energy efficient public buildings ,section #abe7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehbb7;c77 is amended by striking #cj1jjj1jjj for each of fiscal years #bjjf through #bjaj and inserting #ajj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 #cbajb4 ,energy efficiency and conservation block grant program 7a7 ,purpose ,section #edb7;b77#a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeb7;b77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,b71 by striking the semicolon and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 diversifies energy supplies1 including by facilitating and promoting the use of alternative fuels2 4 7b7 ,use of funds ,section #edd7i7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaed7i77 is amended to read as follows3 7#i7 deployment of energy distribution technologies that significantly increase energy efficiency or expand access to alternative fuels1 including-- 7,a7 distributed resources2 7,b7 district heating and cooling systems2 and 7,c7 infrastructure for delivering alternative fuels2 4 7c7 ,competitive grants ,section #edf7;c77#b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaef7;c77#b77 is amended by inserting 1 including projects to expand the use of alternative fuels before the period at the end4 7d7 ,funding ,section #edh7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeh7;a77 is amended to read as follows3 7a7 ,authorization of appropriations 7#a7 ,grants ,there is authorized to be appropriated to the ,secretary for the provision of grants under the program #c1ejj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 7#b7 ,administrative costs ,there is authorized to be appropriated to the ,secretary for administrative expenses of the program #ce1jjj1jjj for each of fiscal years #bjbj through #bjbd4 4 7e7 ,technical amendments ,section #edc of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaec7 is amended-- 7#a7 in subsection 7c71 by striking subsection 7a77#b7 and inserting subsection 7a77#c72 and 7#b7 in subsection 7d71 by striking subsection 7a77#c7 and inserting subsection 7a77#d74 #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 ,united ,states2 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 the emerging technologies1 promote the adoption of the technologies1 and accelerate the transition to the technologies2 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 ,department ,the term ,department means the ,department of ,energy4 7#b7 ,program ,the term program means the ,federal ,smart ,building ,program established under section #cbbjd7;a74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#d7 ,smart building ,the term smart building means a building1 or collection of buildings1 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 takes a systems-based approach in integrating the overall building operations for control of energy generation1 consumption1 and storage2 7,d7 communicates with utilities and other third-party commercial entities1 if appropriate2 7,e7 protects the health and safety of occupants and workers2 and 7,f7 is cybersecure4 7#e7 ,smart building accelerator ,the term smart building accelerator means an initiative that is designed to demonstrate specific innovative policies and approaches-- 7,a7 with clear goals and a clear timeline2 and 7,b7 that1 on successful demonstration1 would accelerate investment in energy efficiency4 7#f7 ,internet of things technology solution ,the term internet of things technology solution means a solution that improves energy efficiency and predictive maintenance through cutting edge technologies that utilize internet connected technologies including sensors1 intelligent gateways1 and security embedded hardware4 #cbbjd4 ,federal smart building program 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 in consultation with the ,administrator of ,general ,services1 establish a program to be known as the ,federal ,smart ,building ,program-- 7#a7 to implement smart building technology2 and 7#b7 to demonstrate the costs and benefits of smart buildings4 7b7 ,selection 7#a7 ,in general ,the ,secretary shall coordinate the selection of not fewer than #a building from among each of several key ,federal agencies1 as described in subsection 7d71 to compose an appropriately diverse set of smart buildings based on size1 type1 and geographic location4 7#b7 ,inclusion of commercially operated buildings ,in making selections under paragraph 7#a71 the ,secretary may include buildings that are owned by the ,federal ,government but are commercially operated4 7c7 ,targets ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall establish targets for the number of smart buildings to be commissioned and evaluated by key ,federal agencies by #c years and #f years after the date of enactment of this ,act4 7d7 ,federal agency described ,the key ,federal agencies referred to subsection 7b77#a7 shall include buildings operated by-- 7#a7 the ,department of the ,army2 7#b7 the ,department of the ,navy2 7#c7 the ,department of the ,air ,force2 7#d7 the ,department2 7#e7 the ,department of the ,interior2 7#f7 the ,department of ,veterans ,affairs2 and 7#g7 the ,general ,services ,administration4 7e7 ,requirement ,in implementing the program1 the ,secretary shall leverage existing financing mechanisms including energy savings performance contracts1 utility energy service contracts1 and annual appropriations4 7f7 ,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 promise for-- 7i7 increasing building energy savings2 7ii7 increasing service performance to building occupants2 7iii7 reducing environmental impacts2 and 7iv7 establishing cybersecurity2 and 7#b7 any other information the ,secretary determines to be appropriate4 7g7 ,awards ,the ,secretary may expand awards made under the ,federal ,energy ,management ,program and the ,better ,building ,challenge to recognize specific agency achievements in accelerating the adoption of smart building technologies4 #cbbje4 ,survey of private sector smart buildings 7a7 ,survey ,the ,secretary shall conduct a survey of privately owned smart buildings throughout the ,united ,states1 including commercial buildings1 laboratory facilities1 hospitals1 multifamily residential buildings1 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 not fewer than #a building each from an appropriate range of building sizes1 types1 and geographic locations4 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 and systems-- 7,a7 are most cost-effective2 and 7,b7 show the most promise for-- 7i7 increasing building energy savings2 7ii7 increasing service performance to building occupants2 7iii7 reducing environmental impacts2 and 7iv7 establishing cybersecurity2 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 ,department1 the ,secretary1 in consultation with major private sector property owners1 shall develop smart building accelerators to demonstrate innovative policies and approaches that will accelerate the transition to smart buildings in the public1 institutional1 and commercial buildings sectors4 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 achieving whole-building1 systems-level efficiency through smart system and component integration2 7,b7 improving physical components1 such as sensors and controls1 to be adaptive1 anticipatory1 and networked2 7,c7 reducing the cost of key components to accelerate the adoption of smart building technologies2 7,d7 data management1 including the capture and analysis of data and the interoperability of the energy systems2 7,e7 protecting against cybersecurity threats and addressing security vulnerabilities of building systems or equipment2 7,f7 business models1 including how business models may limit the adoption of smart building technologies and how to support transactive energy2 7,g7 integration and application of combined heat and power systems and energy storage for resiliency2 7,h7 characterization of buildings and components2 7,i7 consumer and utility protections2 7,j7 continuous management1 including the challenges of managing multiple energy systems and optimizing systems for disparate stakeholders2 7,k7 integration of internet of things technology solutions1 including measures to increase water and energy efficiency1 improve water quality1 support real-time utility management1 and enable actionable analytics and predictive maintenance to improve building systems long-term viability2 and 7,l7 other areas of research and development1 as determined appropriate by the ,secretary4 #cbbjg4 ,report ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter until a total of #c reports have been made1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on-- 7#a7 the establishment of the ,federal ,smart ,building ,program and the evaluation of ,federal smart buildings under section #cbbjd2 7#b7 the survey and evaluation of private sector smart buildings under section #cbbje2 and 7#c7 any recommendations of the ,secretary to further accelerate the transition to smart buildings4 #c ,weatherization ,assistance ,program #cbcja4 ,short title ,this part may be cited as the ,weatherization ,enhancement and ,local ,energy ,efficiency ,investment and ,accountability ,act4 #cbcjb4 ,weatherization assistance program 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 #cej1jjj1jjj for each of fiscal years #bjbj through #bjbd44 7b7 ,modernizing the definition of weatherization materials ,section #dab7i77;,j7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfb7i77;,j77 is amended-- 7#a7 by inserting 1 including renewable energy technologies and other advanced technologies1 after devices or technologies2 and 7#b7 by striking 1 after consulting with the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,agriculture1 and the ,director of the ,community ,services ,administration4 7c7 ,consideration of health benefits ,section #dac7;b7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfc7;b77 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#e7 through 7#g71 respectively2 and 7#b7 by inserting after paragraph 7#c71 the following3 7#d7 ,the ,secretary may amend the regulations prescribed under paragraph 7#a7 to provide that the standards described in paragraph 7#b77;,a7 take into consideration improvements in the health and safety of occupants of dwelling units1 and other non-energy benefits1 from weatherization4 4 7d7 ,contractor optimization 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,b 7#db ,u4,s4,c4 #fhfd;b7 the following3 #dad;,c4 ,contractor optimization 7a7 ,in general ,the ,secretary may request that entities receiving funding from the ,federal ,government or from a ,state through a weatherization assistance program under section #dac or section #dad perform periodic reviews of the use of private contractors in the provision of weatherization assistance1 and encourage expanded use of contractors as appropriate4 7b7 ,use of training funds ,entities described in subsection 7a7 may use funding described in such subsection to train private1 non-,federal entities that are contracted to provide weatherization assistance under a weatherization program1 in accordance with rules determined by the ,secretary4 4 7#b7 ,table of contents amendment ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #dad;,b the following3 ,sec4 #dad;,c4 ,contractor optimization4 4 7e7 ,financial assistance for ,,wap enhancement and innovation 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,c 7as added by subsection 7d7 of this section7 the following3 #dad;,d4 ,financial assistance for ,,wap enhancement and innovation 7a7 ,purposes ,the purposes of this section are-- 7#a7 to expand the number of dwelling units that are occupied by low-income persons that receive weatherization assistance by making such dwelling units weatherization-ready2 7#b7 to promote the deployment of renewable energy in dwelling units that are occupied by low-income persons2 7#c7 to ensure healthy indoor environments by enhancing or expanding health and safety measures and resources available to dwellings that are occupied by low-income persons2 and 7#d7 to disseminate new methods and best practices among entities providing weatherization assistance4 7b7 ,financial assistance ,the ,secretary shall1 to the extent funds are made available1 award financial assistance through a competitive process to entities receiving funding from the ,federal ,government or from a ,state through a weatherization program under section #dac or section #dad1 or to nonprofit entities1 to be used by such an entity-- 7#a7 with respect to dwelling units that are occupied by low-income persons1 to-- 7,a7 implement measures to make such dwelling units weatherization-ready by addressing structural1 plumbing1 roofing1 and electrical issues1 environmental hazards1 or other measures that the ,secretary determines to be appropriate2 7,b7 install energy efficiency technologies1 including home energy management systems1 smart devices1 and other technologies the ,secretary determines to be appropriate2 7,c7 install renewable energy systems 7as defined in section #dae7;c77#f77;,a772 and 7,d7 implement measures to ensure healthy indoor environments by improving indoor air quality1 accessibility1 and other healthy homes measures as determined by the ,secretary2 7#b7 to improve the capability of the entity-- 7,a7 to significantly increase the number of energy retrofits performed by such entity2 7,b7 to replicate best practices for work performed pursuant to this section on a larger scale2 and 7,c7 to leverage additional funds to sustain the provision of weatherization assistance and other work performed pursuant to this section after financial assistance awarded under this section is expended2 7#c7 for innovative outreach and education regarding the benefits and availability of weatherization assistance and other assistance available pursuant to this section2 7#d7 for quality control of work performed pursuant to this section2 7#e7 for data collection1 measurement1 and verification with respect to such work2 7#f7 for program monitoring1 oversight1 evaluation1 and reporting regarding such work2 7#g7 for labor1 training1 and technical assistance relating to such work2 7#h7 for planning1 management1 and administration 7up to a maximum of #ae percent of the assistance provided72 and 7#i7 for such other activities as the ,secretary determines to be appropriate4 7c7 ,award factors ,in awarding financial assistance under this section1 the ,secretary shall consider-- 7#a7 the applicant's record of constructing1 renovating1 repairing1 or making energy efficient single-family1 multifamily1 or manufactured homes that are occupied by low-income persons1 either directly or through affiliates1 chapters1 or other partners 7using the most recent year for which data are available72 7#b7 the number of dwelling units occupied by low-income persons that the applicant has built1 renovated1 repaired1 weatherized1 or made more energy efficient in the #e years preceding the date of the application2 7#c7 the qualifications1 experience1 and past performance of the applicant1 including experience successfully managing and administering ,federal funds2 7#d7 the strength of an applicant's proposal to achieve one or more of the purposes under subsection 7a72 7#e7 the extent to which such applicant will utilize partnerships and regional coordination to achieve one or more of the purposes under subsection 7a72 7#f7 regional and climate zone diversity2 7#g7 urban1 suburban1 and rural localities2 and 7#h7 such other factors as the ,secretary determines to be appropriate4 7d7 ,applications 7#a7 ,administration ,to be eligible for an award of financial assistance under this section1 an applicant shall submit to the ,secretary an application in such manner and containing such information as the ,secretary may require4 7#b7 ,awards ,subject to the availability of appropriations1 not later than #bgj days after the date of enactment of this section1 the ,secretary shall make a first award of financial assistance under this section4 7e7 ,maximum amount and term 7#a7 ,in general ,the total amount of financial assistance awarded to an entity under this section shall not exceed #b1jjj1jjj4 7#b7 ,technical and training assistance ,the total amount of financial assistance awarded to an entity under this section shall be reduced by the cost of any technical and training assistance provided by the ,secretary that relates to such financial assistance4 7#c7 ,term ,the term of an award of financial assistance under this section shall not exceed #c years4 7f7 ,requirements ,not later than #ij days after the date of enactment of this section1 the ,secretary shall issue requirements to implement this section1 including1 for entities receiving financial assistance under this section-- 7#a7 standards for allowable expenditures2 7#b7 a minimum saving-to-investment ratio2 and 7#c7 standards for-- 7,a7 training programs2 7,b7 energy audits2 7,c7 the provision of technical assistance2 7,d7 monitoring activities carried out using such financial assistance2 7,e7 verification of energy and cost savings2 7,f7 liability insurance requirements2 and 7,g7 recordkeeping and reporting requirements1 which shall include reporting to the ,office of ,weatherization and ,intergovernmental ,programs of the ,department of ,energy applicable data on each dwelling unit retrofitted or otherwise assisted pursuant to this section4 7g7 ,compliance with ,state and local law ,nothing in this section supersedes or otherwise affects any ,state or local law1 to the extent that the ,state or local law contains a requirement that is more stringent than the applicable requirement of this section4 7h7 ,review and evaluation ,the ,secretary shall review and evaluate the performance of each entity that receives an award of financial assistance under this section 7which may include an audit74 7i7 ,annual report ,the ,secretary shall submit to ,congress an annual report that provides a description of-- 7#a7 actions taken under this section to achieve the purposes of this section2 and 7#b7 accomplishments as a result of such actions1 including energy and cost savings achieved4 7j7 ,funding 7#a7 ,amounts 7,a7 ,in general ,for each of fiscal years #bjbj through #bjbd1 of the amount made available under section #dbb for such fiscal year to carry out the weatherization program under this part 7not including any of such amount made available for ,department of ,energy headquarters training or technical assistance71 not more than-- 7i7 #b percent of such amount 7if such amount is #bbe1jjj1jjj or more but less than #bfj1jjj1jjj7 may be used to carry out this section2 7ii7 #d percent of such amount 7if such amount is #bfj1jjj1jjj or more but less than #cjj1jjj1jjj7 may be used to carry out this section2 and 7iii7 #f percent of such amount 7if such amount is #cjj1jjj1jjj or more7 may be used to carry out this section4 7,b7 ,minimum ,for each of fiscal years #bjbj through #bjbd1 if the amount made available under section #dbb 7not including any of such amount made available for ,department of ,energy headquarters training or technical assistance7 for such fiscal year is less than #bbe1jjj1jjj1 no funds shall be made available to carry out this section4 7#b7 ,limitation ,for any fiscal year1 the ,secretary may not use more than #be1jjj1jjj of the amount made available under section #dbb to carry out this section4 4 7#b7 ,table of contents ,the table of contents for the ,energy ,conservation and ,production ,act is amended by inserting after the item relating to section #dad;,c the following3 ,sec4 #dad;,d4 ,financial assistance for ,,wap enhancement and innovation4 4 7f7 ,increase in administrative funds ,section #dae7;a77#a7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;a77#a77 is amended by striking #aj percent and inserting #ae percent4 7g7 ,amending re-,weatherization date ,paragraph 7#b7 of section #dae7;c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;c77 is amended to read as follows3 7#b7 ,dwelling units weatherized 7including dwelling units partially weatherized7 under this part1 or under other ,federal programs 7in this paragraph referred to as #8previous weatherization'71 may not receive further financial assistance for weatherization under this part until the date that is #ae years after the date such previous weatherization was completed4 ,this paragraph does not preclude dwelling units that have received previous weatherization from receiving assistance and services 7including the provision of information and education to assist with energy management and evaluation of the effectiveness of installed weatherization materials7 other than weatherization under this part or under other ,federal programs1 or from receiving non-,federal assistance for weatherization4 4 #cbcjc4 ,report on waivers ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to ,congress a report on the status of any request for a waiver of any requirement under section #bjj4cac of title #b1 ,code of ,federal ,regulations1 as such requirement applies with respect to the weatherization assistance program under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq471 including a description of any such waiver that has been granted and any such request for a waiver that has been considered but not granted4 #d ,smart ,energy and ,water ,efficiency #cbdja4 ,short title ,this part may be cited as the ,smart ,energy and ,water ,efficiency ,act of #bjai4 #cbdjb4 ,smart energy and water efficiency program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a municipality2 7,b7 a water district2 and 7,c7 any other entity that provides water1 wastewater1 or water reuse services1 including a joint water and power authority4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#c7 ,smart energy and water efficiency program ,the term smart energy and water efficiency program or program means the program established under subsection 7b74 7b7 ,smart energy and water efficiency program 7#a7 ,in general ,the ,secretary shall establish and carry out a smart energy and water efficiency program in accordance with this section4 7#b7 ,eligible projects ,in carrying out the smart energy and water efficiency program1 the ,secretary shall award grants to eligible entities to carry out projects that implement advanced and innovative technology-based solutions that will improve the energy or water efficiency of water1 wastewater1 or water reuse systems to-- 7,a7 help eligible entities make significant progress in conserving water1 conserving energy1 or reducing the operating costs of such systems2 7,b7 support the implementation of innovative processes or the installation of advanced automated systems that provide real-time data on energy and water2 or 7,c7 improve predictive maintenance of water1 wastewater1 or water reuse systems through the use of ,internet-connected technologies1 such as sensors1 intelligent gateways1 or security embedded in hardware4 7#c7 ,project selection 7,a7 ,in general ,the ,secretary shall make competitive1 merit-reviewed grants under the program to not fewer than #c1 but not more than #e1 eligible entities4 7,b7 ,selection criteria ,in selecting an eligible entity to receive a grant under the 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 innovative sensors1 software1 hardware1 analytics1 and management tools2 7iv7 the anticipated cost-effectiveness of the project in terms of energy 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 other types of eligible entities2 and 7vi7 whether implementation of the project will be complete within #e years4 7,c7 ,applications 7i7 ,in general ,subject to clause 7ii71 an eligible entity seeking a grant under the 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 that are served by the eligible entity and will benefit from 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 effects of the project2 and 7ii7 assesses the degree to which the project can be replicated in other regions1 systems1 and situations4 7,c7 ,technical assistance ,on the request of a grant recipient1 the ,secretary shall provide technical 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 the date on which the ,secretary completes the last evaluation required under subparagraph 7,b71 the ,secretary shall submit to ,congress a report containing the results of each evaluation carried out under such subparagraph4 7c7 ,authorization of appropriations ,there is authorized to be appropriated #ae1jjj1jjj to carry out this section1 to remain available until expended4 #e ,accelerated ,adoption of ,energy ,efficient ,engines and ,vehicles #cbeja4 ,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 #bjbd4 #cbejb4 ,reauthorization of clean school buses program 7a7 ,definitions 7#a7 ,alternative fuel ,section #gda7;a77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;a77 is amended-- 7,a7 in subparagraph 7,b71 by striking or after the semicolon2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following new subparagraph3 7,d7 electricity4 4 7#b7 ,clean school bus ,section #gda7;a77#c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;a77#c77 is amended by striking that-- and all that follows through 7,b7 is operated and inserting that is operated4 7b7 ,program for ,retrofit or ,replacement of ,certain ,existing ,school ,buses with ,clean ,school ,buses 7#a7 ,priority of grant applications ,section #gda7;b77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77#b77 is amended-- 7,a7 in subparagraph 7,a71 by inserting before the period at the end with clean school buses with low or zero emissions2 and 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,retrofitting ,in the case of grant applications to retrofit school buses1 the ,administrator shall give-- 7i7 highest priority to applicants that propose to retrofit school buses manufactured in or after model year #aiia to become clean school buses with low or zero emissions2 and 7ii7 second highest priority to applicants that otherwise propose to retrofit school buses manufactured in or after model year #aiia to become clean school buses4 4 7#b7 ,use of school bus fleet ,section #gda7;b77#c77;,b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77#c77;,b77 is amended by inserting charged1 after operated14 7#c7 ,replacement grants ,paragraph 7#e7 of section #gda7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77 is amended to read as follows3 7#e7 ,replacement grants ,in the case of grants to replace school buses-- 7,a7 the ,administrator may award the grants for up to #fj percent of the replacement costs2 and 7,b7 such replacement costs may include the costs of acquiring the clean school buses and charging and fueling infrastructure4 4 7#d7 ,ultra low-sulfur diesel fuel ,section #gda7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77 is amended-- 7,a7 by striking paragraph 7#f72 and 7,b7 by redesignating paragraphs 7#g7 and 7#h7 as paragraphs 7#f7 and 7#g71 respectively4 7c7 ,education ,paragraph 7#a7 of section #gda7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;c77 is amended to read as follows3 7#a7 ,in general ,not later than #ij days after the date of enactment of the ,leading ,infrastructure for ,tomorrow's ,america ,act1 the ,administrator shall develop an education outreach program to promote and explain the grant program under subsection 7b71 as amended by such ,act4 4 7d7 ,authorization of ,appropriations ,section #gda7;d7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;d77 is amended by striking until expended-- and all that follows through the end of the subsection and inserting until expended1 #ej1jjj1jjj for each of fiscal years #bjbj through #bjbd44 #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 #bjbj through #bjbd4 #g ,homeowner ,managing ,energy ,savings #cbgja4 ,short title ,this part may be cited as the ,home ,owner ,managing ,energy ,savings ,act of #bjai or the ,,homes ,act4 #cbgjb4 ,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 #cbgjc7;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 #cbgjc7;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 #cbgjd4 7#aa7 ,qualified home energy efficiency retrofit ,the term qualified home energy efficiency retrofit means a retrofit described in section #cbgjh7;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 #cbgjf4 7#ad7 ,rebate aggregator ,the term rebate aggregator means an entity that meets the requirements of section #cbgje4 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 #cbgjc4 ,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 #cbgjd4 ,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 homeowner ,a contractor who performs retrofit work under the ,home ,energy ,savings ,retrofit ,rebate ,program must sign a written or electronic contract with the homeowner that includes-- 7#a7 an agreement to not increase the cost of the home improvement as a result of the rebates received under this 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 #cbgjg1 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 #cbgje4 ,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 #cbgjf4 ,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 #cbgjg4 ,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 #cbgjc7;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 #cbgjh7;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 #cbgjh4 ,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 #cbgji 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 section #cbgjd7;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 section #cbgjd7;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 #cbgjg1 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 #cbgji4 ,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 #cbgae4 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 #cbgaj4 ,quality assurance program 7a7 ,plan ,as part of a grant application described in section #cbgji7;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 #cbgji4 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 #cbgjd2 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 #cbgaa4 ,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 #cbgab4 ,administration 7a7 ,in general ,subject to section #cbgae7;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 #cbgac4 ,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 #cbgad4 ,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 #cbgae4 ,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 #bjbj through #bjbd1 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 #cbgji4 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 #cbgaf4 ,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 #bjbj1 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 ,c ,energy ,supply ,infrastructure #a ,low-,income ,solar #ccaja4 ,short title ,this part may be cited as the ,low-,income ,solar ,act of #bjai4 #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 subparagraphs 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 #bjbj through #bjbd1 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 distribution 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 #bjai4 #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 #bjbj through #bjbd1 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 ,refined ,product ,reserves #cceja4 ,refined product reserves 7a7 ,refined product reserves ,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 ,refined ,product ,reserves #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 determines1 by rule1 appropriate4 7#b7 ,reserve ,the term ,reserve means-- 7,a7 the ,northeast ,gasoline ,supply ,reserve established under this part2 7,b7 the ,southeast ,refined ,product ,reserve established under this part2 or 7,c7 any other regional refined petroleum product supply reserve established under this part4 7#c7 ,northeast ,the term ,northeast means the ,states of ,new ,jersey1 ,new ,york1 ,vermont1 ,pennsylvania1 ,connecticut1 ,rhode ,island1 ,massachusetts1 ,maine1 ,new ,hampshire1 and any other contiguous ,state that the ,secretary determines appropriate4 7#d7 ,southeast ,the term ,southeast means the ,states of ,north ,carolina1 ,south ,carolina1 ,georgia1 ,florida1 ,alabama1 and any other contiguous ,state that the ,secretary determines appropriate4 #aib4 ,establishment 7a7 ,in general ,the ,secretary-- 7#a7 shall establish1 maintain1 and operate in the ,northeast a ,northeast ,gasoline ,supply ,reserve1 which shall be a component of the ,strategic ,petroleum ,reserve established under part ,b of this title2 7#b7 shall1 by rule1 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 title2 and 7#c7 may1 by rule1 establish1 maintain1 and operate in any other region of the ,united ,states1 a regional refined petroleum product supply 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 each ,reserve4 #aic4 ,conditions for release2 plan 7a7 ,sale of products ,the ,secretary may sell refined petroleum products from a ,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 that will affect the region for which the ,reserve is established 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 shortage1 of the refined petroleum product in the ,reserve1 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 a ,reserve4 ,the procedures shall provide that-- 7#a7 the ,secretary may-- 7,a7 sell refined petroleum products from a ,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 a ,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 proposed acquisition of storage and related facilities or storage services for the ,northeast ,gasoline ,supply ,reserve and the ,southeast ,refined ,product ,reserve1 including the potential use of storage facilities not currently in use2 7#b7 the proposed acquisition of refined petroleum products for storage in such ,reserves2 7#c7 the anticipated methods of disposition of refined petroleum products from such ,reserves2 7#d7 the estimated costs of establishment1 maintenance1 and operation of such ,reserves2 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 ,northeast and ,southeast2 and 7#f7 actions to be taken to ensure quality of the refined petroleum products in such ,reserves4 #aid4 ,products for storage in a ,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 a ,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 7c7 ,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 a ,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 refined 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 7d7 ,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 a ,reserve and may sell any refined petroleum product acquired for1 and in transit to1 such ,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--,refined ,product ,reserves ,sec4 #aia4 ,definitions4 ,sec4 #aib4 ,establishment4 ,sec4 #aic4 ,conditions for release2 plan4 ,sec4 #aid4 ,products for storage in a ,reserve4 4 #f ,department of ,energy ,office of ,indian ,energy #ccfja4 ,amendment to reauthorize programs to assist ,indian ,tribes 7a7 ,definition of ,indian land ,section #bfja7b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja7b77 is amended-- 7#a7 in subparagraph 7,b77iii71 by striking and2 7#b7 in subparagraph 7,c71 by striking land4 and inserting land2 and2 and 7#c7 by adding at the end the following subparagraph3 7,d7 any land in a census tract in which the majority of the residents are ,natives 7as defined in section #c7;b7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7;b7774 4 7b7 ,reduction of cost share ,section #bfjb7;b77#e7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77#e77 is amended by adding at the end the following subparagraph3 7,d7 ,the ,director may reduce any applicable cost share required of an ,indian tribe in order to receive a grant under this subsection to not less than #aj percent if the ,indian tribe meets criteria developed by the ,director1 including financial need4 4 7c7 ,authorization ,section #bfjb7;b77#g7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77#g77 is amended by striking #bj1jjj1jjj for each of fiscal years #bjjf through #bjaf and inserting #cj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 ,d ,smart ,communities ,infrastructure #a ,smart ,communities #cdaja4 #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 #bjbj through #bjbd4 #cdajb4 ,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 #bjbj through #bjbd4 #cdajc4 ,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 #bjbj through #bjbd4 #cdajd4 ,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 #b ,clean ,cities ,coalition ,program #cdbja4 ,clean ,cities ,coalition ,network program 7a7 ,establishment ,there is established within the ,department of ,energy a program to be known as the ,clean ,cities ,coalition ,network4 7b7 ,projects and activities ,under the program established in subsection 7a71 the ,secretary and the ,clean ,cities coalitions shall carry out projects and activities1 to improve air quality and reduce petroleum consumption in the transportation sector1 that-- 7#a7 encourage the use of alternative fuel vehicles and alternative fuels2 7#b7 expedite the establishment of regional and national infrastructure to fuel alternative fuel vehicles2 7#c7 reduce vehicle emissions2 and 7#d7 promote fuel efficient technologies and traffic management practices4 7c7 ,program elements ,in carrying out the program established in subsection 7a7 the ,secretary shall-- 7#a7 establish criteria for designating partnerships between ,state and local governments1 institutions of higher education1 and private entities as ,clean ,cities coalitions under the program2 7#b7 designate partnerships that the ,secretary determines meet the criteria established under paragraph 7#a7 as ,clean ,cities coalitions2 7#c7 make awards to ,clean ,cities coalitions that provide matching funds-- 7,a7 to support project-specific activities of such coalitions2 and 7,b7 to promote public education and awareness of alternative fuel vehicles and alternative fuels2 7#d7 make awards to ,clean ,cities coalitions for administrative expenses of such coalitions2 7#e7 provide technical assistance and training to ,clean ,cities coalitions2 7#f7 provide opportunities for communication among ,clean ,cities coalitions2 and 7#g7 maintain1 and make available to the public1 a centralized database of information included in the reports submitted under subsection 7d74 7d7 ,annual report ,each ,clean ,cities coalition shall submit an annual report to the ,secretary on the activities and accomplishments of the coalition4 7e7 ,definitions ,in this section3 7#a7 ,alternative fuel ,the term alternative fuel has the meaning given such term in section #cbija of title #di1 ,united ,states ,code4 7#b7 ,alternative fuel vehicle ,the term alternative fuel vehicle any vehicle that is capable of operating1 partially or exclusively1 on an alternative fuel4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #ej1jjj1jjj for fiscal year #bjbj2 7#b7 #ee1jjj1jjj for fiscal year #bjba2 7#c7 #fj1jjj1jjj for fiscal year #bjbb2 7#d7 #fe1jjj1jjj for fiscal year #bjbc2 and 7#e7 #gj1jjj1jjj for fiscal year #bjbd4 #c ,electric ,vehicle ,infrastructure #cdcja4 ,statement of national policy ,it is the policy of the ,united ,states to promote greater electrification of the transportation sector in order to maintain a transportation sector that can provide for the movement of people1 goods1 and services and achieve each of the following1 which together characterize a transportation system with fewer negative environmental effects3 7#a7 ,reduced greenhouse gas emissions4 7#b7 ,improved air quality4 7#c7 ,greater fuel efficiency4 7#d7 ,nationwide deployment of electric vehicles and integration of electric vehicle supply equipment4 7#e7 ,maintenance of a competitive domestic manufacturing base and skilled workforce to provide electric vehicles and electric vehicle supply equipment4 #cdcjb4 ,definitions ,in this part1 the following definitions apply3 7#a7 ,electric vehicle supply equipment ,the term electric vehicle supply equipment means the conductors1 including the ungrounded1 grounded1 and equipment grounding conductors1 the electric vehicle connectors1 attachment plugs1 and all other fittings1 devices1 power outlets1 or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #cdcjc4 ,model building code for electric vehicle supply equipment 7a7 ,development ,the ,secretary shall develop a proposal to establish or update1 as appropriate1 model building codes for-- 7#a7 integrating electric vehicle supply equipment into residential and commercial buildings that include space for individual vehicle or fleet vehicle parking2 and 7#b7 integrating onsite renewable power equipment and electric storage equipment 7including electric vehicle batteries to be used for electric storage7 in residential and commercial buildings4 7b7 ,consultation ,in developing the proposal under subsection 7a71 the ,secretary shall consult with stakeholders representing the building construction industry1 manufacturers of electric vehicles and electric vehicle supply equipment1 ,state and local governments1 and any other persons with relevant expertise or interests4 7c7 ,deadline ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit the proposal developed under subsection 7a7 to the ,american ,society of ,heating1 ,refrigerating1 and ,air ,conditioning ,engineers and the ,international ,code ,council for consideration4 #cdcjd4 ,utility electric vehicle charging programs 7a7 ,consideration and determination respecting certain ratemaking standards ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding at the end the following3 7#bj7 ,utility electric vehicle charging programs 7,a7 ,in general ,each ,state shall consider authorizing each electric utility of the ,state to recover from ratepayers any capital1 operating expenditure1 or other costs of the electric utility relating to the deployment of electric vehicle supply equipment designed to provide vehicle charging or load management4 7,b7 ,definition ,for purposes of this paragraph1 the term electric vehicle supply equipment means the conductors1 including the ungrounded1 grounded1 and equipment grounding conductors1 the electric vehicle connectors1 attachment plugs1 and all other fittings1 devices1 power outlets1 or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle4 4 7b7 ,obligations ,to consider and determine 7#a7 ,time limitations ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended by adding at the end the following3 7#g7 7,a7 ,not later than #a year after the enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated utility shall commence the consideration referred to in section #aaa1 or set a hearing date for consideration1 with respect to the standards established by paragraph 7#bj7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of the enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority71 and each nonregulated electric utility1 shall complete the consideration1 and shall make the determination1 referred to in section #aaa with respect to each standard established by paragraph 7#bj7 of section #aaa7;d74 4 7#b7 ,failure to comply ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended by striking 7#ai7 and inserting 7#bj74 7#c7 ,prior ,state actions ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended by adding at the end the following3 7g7 ,prior ,state ,actions ,subsections 7b7 and 7c7 of this section shall not apply to the standard established by paragraph 7#bj7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the enactment of this subsection-- 7#a7 the ,state has implemented for such utility the standard concerned 7or a comparable standard72 7#b7 the ,state regulatory authority for such ,state or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned 7or a comparable standard7 for such utility2 or 7#c7 the ,state legislature has voted on the implementation of such standard 7or a comparable standard7 for such utility4 4 #cdcje4 ,state transportation electrification planning grants 7a7 ,state energy conservation plans ,section #cfb7;d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77 is amended-- 7#a7 in paragraph 7#af71 by striking 2 and and inserting a semicolon2 7#b7 by redesignating paragraph 7#ag7 as paragraph 7#ah72 and 7#c7 by inserting after paragraph 7#af7 the following3 7#ag7 a ,state energy transportation plan developed in accordance with section #cfg2 and 4 7b7 ,state energy transportation plans ,part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq47 is amended by adding at the end the following3 #cfg4 ,state energy transportation plans 7a7 ,in general ,the ,secretary may provide financial assistance to a ,state to develop a ,state energy transportation plan1 for inclusion in a ,state energy conservation plan under section #cfb7;d71 to promote the electrification of the transportation system1 reduced consumption of fossil fuels1 and improved air quality4 7b7 ,contents ,a ,state developing a ,state energy transportation plan under this section shall include in such plan a plan to-- 7#a7 deploy a network of electric vehicle supply equipment to ensure access to electricity for electric vehicles2 and 7#b7 promote modernization of the electric grid to accommodate demand for power to operate electric vehicle supply equipment and to utilize energy storage capacity provided by electric vehicles4 7c7 ,coordination ,in developing a ,state energy transportation plan under this section1 a ,state shall coordinate1 as appropriate1 with-- 7#a7 ,state regulatory authorities 7as defined in section #c of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfjb772 7#b7 electric utilities2 7#c7 regional transmission organizations or independent system operators2 7#d7 private entities that provide electric vehicle charging services2 7#e7 ,state transportation agencies1 metropolitan planning organizations1 and local governments2 7#f7 electric vehicle manufacturers2 and 7#g7 public and private entities that manage vehicle fleets4 7d7 ,technical assistance ,upon request of the ,governor of a ,state1 the ,secretary shall provide information and technical assistance in the development1 implementation1 or revision of a ,state energy transportation plan4 7e7 ,electric vehicle supply equipment defined ,for purposes of this section1 the term electric vehicle supply equipment means the conductors1 including the ungrounded1 grounded1 and equipment grounding conductors1 the electric vehicle connectors1 attachment plugs1 and all other fittings1 devices1 power outlets1 or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle4 4 #cdcjf4 ,electric vehicle supply equipment coordination 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary1 acting through the ,assistant ,secretary of the ,office of ,electricity ,delivery and ,energy ,reliability 7including the ,smart ,grid ,task ,force71 shall convene a group to assess progress in the development of standards necessary to-- 7#a7 support the expanded deployment of electric vehicle supply equipment2 7#b7 develop an electric vehicle charging network to provide reliable charging for electric vehicles nationwide2 and 7#c7 ensure the development of such network will not compromise the stability and reliability of the electric grid4 7b7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall provide to the ,committee on ,energy and ,commerce of the ,house of ,representatives and to the ,committee on ,energy and ,natural ,resources of the ,senate a report containing the results of the assessment carried out under subsection 7a7 and recommendations to overcome any barriers to standards development or adoption identified by the group convened under such subsection4 #cdcjg4 ,authorization of appropriations 7a7 ,state energy conservation plans ,section #cfe7;f7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;f77 is amended to read as follows3 7f7 ,authorization of appropriations 7#a7 ,state energy conservation plans ,for the purpose of carrying out this part1 there is authorized to be appropriated #ajj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 7#b7 ,state energy transportation plans ,in addition to the amounts authorized under paragraph 7#a71 for the purpose of carrying out section #cfg1 there is authorized to be appropriated #be1jjj1jjj for each of fiscal years #bjbj through #bjbd4 4 7b7 ,transportation electrification ,section #aca of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjaa7 is amended-- 7#a7 in subsection 7b77#f71 by striking #bjjh through #bjab and inserting #bjbj through #bjbd2 and 7#b7 in subsection 7c77#d71 by striking #bjjh through #bjac and inserting #bjbj through #bjbd4 ,,iv ,health ,care ,infrastructure ,a ,hospital ,infrastructure #dajja4 ,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 #bjbj through #bjbd4 4 ,b ,indian ,health ,program ,health ,care ,infrastructure #dbjja4 #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 #bjbj through #bjbd4 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 #dcjja4 ,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 #ddjja4 ,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 ,e ,public ,health ,infrastructure #dejja4 ,public health data system transformation 7a7 ,in general 7#a7 ,expanding ,,cdc capabilities ,the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall expand1 enhance1 and improve the capabilities of the ,centers for ,disease ,control and ,prevention relating to information technology1 data1 and data systems for preparing1 detecting1 and responding effectively to public health events4 ,activities that may be carried out under the preceding sentence include-- 7,a7 optimizing public health data collection1 transmission1 exchange1 analysis1 and visualization2 7,b7 exchanging data among the ,centers for ,disease ,control and ,prevention1 ,state1 local1 ,tribal1 and territorial public health departments1 and health care providers2 7,c7 enhancing the interoperability of public health data systems including with health information technology2 and 7,d7 expanding or enhancing the workforce and training of public health data systems and informatics personnel4 7#b7 ,consultation ,in carrying out paragraph 7#a71 the ,secretary shall consult with appropriate ,state and local health departments1 health professionals1 health information technology experts1 and other appropriate public or private entities as determined appropriate by the ,secretary to develop technical and reporting standards 7including standards for interoperability7 for public health data systems4 7b7 ,grants ,the ,secretary1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall award grants to ,state1 local1 ,tribal1 and territorial public health departments that meet such criteria as the ,director determines appropriate1 for public health data systems1 including systems for electronic case reporting4 7c7 ,report to ,congress ,the ,secretary shall submit a report to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate on the activities carried out under this section4 7d7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #ajj1jjj1jjj for each of fiscal years #bjbj through #bjbd4 #dejjb4 ,core public health infrastructure for ,state1 local1 and ,tribal health departments 7a7 ,program ,the ,secretary of ,health and ,human ,services acting through the ,director of the ,centers for ,disease ,control and ,prevention 7in this section referred to as the ,secretary7 shall establish a core public health infrastructure program consisting of awarding grants under subsection 7b74 7b7 ,grants 7#a7 ,award ,for the purpose of addressing core public health infrastructure needs1 the ,secretary-- 7,a7 shall award a grant to each ,state health department2 and 7,b7 may award grants on a competitive basis to ,state1 local1 or ,tribal health departments4 7#b7 ,allocation ,of the total amount of funds awarded as grants under this subsection for a fiscal year-- 7,a7 not less than #ej percent shall be for grants to ,state health departments under paragraph 7#a77;,a72 and 7,b7 not less than #cj percent shall be for grants to ,state1 local1 or ,tribal health departments under paragraph 7#a77;,b74 7c7 ,use of funds ,the ,secretary may award a grant to an entity under subsection 7b77#a7 only if the entity agrees to use the grant to address core public health infrastructure needs1 including those identified in the accreditation process under subsection 7g74 7d7 ,formula grants to ,state health departments ,in making grants under subsection 7b77#a77;,a71 the ,secretary shall award funds to each ,state health department in accordance with-- 7#a7 a formula based on population size2 burden of preventable disease and disability2 and core public health infrastructure gaps1 including those identified in the accreditation process under subsection 7g72 and 7#b7 application requirements established by the ,secretary1 including a requirement that the ,state submit a plan that demonstrates to the satisfaction of the ,secretary that the ,state's health department will-- 7,a7 address its highest priority core public health infrastructure needs2 and 7,b7 as appropriate1 allocate funds to local health departments within the ,state4 7e7 ,competitive grants to ,state1 local1 and ,tribal health departments ,in making grants under subsection 7b77#a77;,b71 the ,secretary shall give priority to applicants demonstrating core public health infrastructure needs identified in the accreditation process under subsection 7g74 7f7 ,maintenance of effort ,the ,secretary may award a grant to an entity under subsection 7b7 only if the entity demonstrates to the satisfaction of the ,secretary that-- 7#a7 funds received through the grant will be expended only to supplement1 and not supplant1 non-,federal and ,federal funds otherwise available to the entity for the purpose of addressing core public health infrastructure needs2 and 7#b7 with respect to activities for which the grant is awarded1 the entity will maintain expenditures of non-,federal amounts for such activities at a level not less than the level of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives the grant4 7g7 ,establishment of a public health accreditation program 7#a7 ,in general ,the ,secretary shall-- 7,a7 develop1 and periodically review and update1 standards for voluntary accreditation of ,state1 local1 and ,tribal health departments and public health laboratories for the purpose of advancing the quality and performance of such departments and laboratories2 and 7,b7 implement a program to accredit such health departments and laboratories in accordance with such standards4 7#b7 ,cooperative agreement ,the ,secretary may enter into a cooperative agreement with a private nonprofit entity to carry out paragraph 7#a74 7h7 ,report ,the ,secretary shall submit to the ,congress an annual report on progress being made to accredit entities under subsection 7g71 including-- 7#a7 a strategy1 including goals and objectives1 for accrediting entities under subsection 7g7 and achieving the purpose described in subsection 7g77#a77;,a72 and 7#b7 identification of gaps in research related to core public health infrastructure and recommendations of priority areas for such research4 7i7 ,definition ,in this section1 the term core public health infrastructure includes workforce capacity and competency2 laboratory systems2 health information1 health information systems1 and health information analysis2 communications2 financing2 other relevant components of organizational capacity2 and other related activities4 7j7 ,authorization of appropriations ,to carry out this section1 there are authorized to be appropriated-- 7#a7 for fiscal year #bjbj1 #cjj1jjj1jjj2 7#b7 for fiscal year #bjba1 #cej1jjj1jjj2 7#c7 for fiscal year #bjbb1 #djj1jjj1jjj2 7#d7 for fiscal year #bjbc1 #dej1jjj1jjj2 and 7#e7 for fiscal year #bjbd1 #ejj1jjj1jjj4 #dejjc4 ,core public health infrastructure and activities for ,,cdc 7a7 ,in general ,the ,secretary acting through the ,director of the ,centers for ,disease ,control and ,prevention 7in this section referred to as the ,secretary7 shall expand and improve the core public health infrastructure and activities of the ,centers for ,disease ,control and ,prevention to address unmet and emerging public health needs4 7b7 ,report ,the ,secretary shall submit to the ,congress an annual report on the activities funded through this section4 7c7 ,definition ,in this section1 the term core public health infrastructure has the meaning given to such term in section #dejjb4 7d7 ,authorization of appropriations ,to carry out this section1 there is authorized to be appropriated #cej1jjj1jjj for each of fiscal years #bjbj through #bjbd4 ,v ,brownfields ,redevelopment #ejjja4 ,authorization of appropriations ,section #ajd7k77#ac7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#ac77 is amended to read as follows3 7#ac7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection-- 7,a7 #cej1jjj1jjj for fiscal year #bjbj2 7,b7 #djj1jjj1jjj for fiscal year #bjba2 7,c7 #dej1jjj1jjj for fiscal year #bjbb2 7,d7 #ejj1jjj1jjj for fiscal year #bjbc2 and 7,e7 #eej1jjj1jjj for fiscal year #bjbd4 4 #ejjjb4 ,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 is authorized to be appropriated to carry out this subsection-- 7,a7 #gj1jjj1jjj for fiscal year #bjbj2 7,b7 #hj1jjj1jjj for fiscal year #bjba2 7,c7 #ij1jjj1jjj for fiscal year #bjbb2 7,d7 #ajj1jjj1jjj for fiscal year #bjbc2 and 7,e7 #aaj1jjj1jjj for fiscal year #bjbd4 4