,,ii #aafth ,,congress #ast ,session ,s4 #bchb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjai ,mr4 ,merkley 7for himself1 ,mr4 ,sanders1 ,ms4 ,smith1 and ,ms4 ,harris7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,energy ,policy and ,conservation ,act to establish a program to provide loans to implement cost-effective energy efficiency measures1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,community ,energy ,savings ,program ,act of #bjai4 #b4 ,community energy savings program 7a7 ,in general ,the ,energy ,policy and ,conservation ,act is amended by inserting after section #cfb 7#db ,u4,s4,c4 #fcbb7 the following3 #cfb;,a4 ,community energy savings program 7a7 ,purpose ,the purpose of this section is to help households and small businesses achieve cost savings by providing loans to implement cost-effective energy efficiency measures4 7b7 ,definitions ,in this section3 7#a7 ,community development financial institution ,the term community development financial institution means a financial institution certified by the ,community ,development ,financial ,institutions ,fund administered by the ,secretary of the ,treasury4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a public power group2 7,b7 a community development financial institution2 and 7,c7 an eligible unit of local government4 7#c7 ,eligible unit of local government ,the term eligible unit of local government means any agency or political subdivision of a ,state4 7#d7 ,energy efficiency measures ,the term energy efficiency measures means1 with respect to a property served by or in the service area or jurisdiction1 as applicable1 of an eligible entity1 structural improvements and investments in cost-effective commercial technologies to increase energy efficiency 7including cost-effective on- or off-grid renewable energy1 energy storage1 or demand response systems74 7#e7 ,household with a high energy burden 7,a7 ,in general ,the term household with a high energy burden means a low-income household the residential energy burden of which exceeds the median energy burden for all low-income households in the ,state in which the low-income household is located4 7,b7 ,calculation ,the residential energy burden referred to in subparagraph 7,a7 is the quotient obtained by dividing residential energy expenditures by the annual income of the low-income household4 7#f7 ,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#g7 ,manufactured home ,the term manufactured home-- 7,a7 has the meaning given the term in section #fjc of the ,national ,manufactured ,housing ,construction and ,safety ,standards ,act of #aigd 7#db ,u4,s4,c4 #edjb72 and 7,b7 includes a home described in subparagraph 7,a7 without regard to whether the home was built before1 on1 or after the date on which the construction and safety standards established under section #fjd of that ,act 7#db ,u4,s4,c4 #edjc7 became effective4 7#h7 ,program ,the term program means the program established under subsection 7c74 7#i7 ,public power group ,the term public power group means-- 7,a7 a public utility2 7,b7 an electric or energy cooperative2 7,c7 a public power district2 and 7,d7 a group of #a or more public utilities or electric or energy cooperatives 7commonly referred to as a joint action agency1 generation and transmission cooperative1 municipal power association1 or ,state cooperative association74 7#aj7 ,qualified consumer ,the term qualified consumer means a consumer served by or in the service area or jurisdiction1 as applicable1 of an eligible entity that has the ability to repay a loan made under subsection 7f71 as determined by the eligible entity4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ab7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7c7 ,establishment ,not later than #abj days after the date of enactment of this section1 the ,secretary shall establish a program under which the ,secretary shall provide grants to ,states and ,indian tribes to provide loans to eligible entities in accordance with this section4 7d7 ,grant fund allocation 7#a7 ,in general ,of the amount appropriated under subsection 7k7 for each fiscal year1 the ,secretary shall allocate as grant funds-- 7,a7 #ih percent to be provided to ,states in accordance with paragraph 7#b72 and 7,b7 #b percent to be provided to ,indian tribes in accordance with paragraph 7#c74 7#b7 ,allocation to ,states ,of the amount allocated for all ,states under paragraph 7#a77;,a71 the ,secretary shall-- 7,a7 allocate not less than #a percent to each ,state described in subparagraphs 7,a7 through 7,c7 of subsection 7b77#ab72 7,b7 allocate not less than #j4e percent to each ,state described in subparagraph 7,d7 of that subsection2 and 7,c7 of the amount remaining after the allocations under subparagraphs 7,a7 and 7,b71 allocate funds to ,states based on the population of each ,state as determined in the latest available decennial census conducted under section #ada7;a7 of title #ac1 ,united ,states ,code4 7#c7 ,allocation to ,indian tribes ,of the amount allocated for ,indian tribes under paragraph 7#a77;,b71 the ,secretary shall allocate funds to each ,indian tribe participating in the program during that fiscal year based on a formula established by the ,secretary that takes into account any factor that the ,secretary determines to be appropriate4 7#d7 ,publication of allocation formulas ,not later than #ij days before the beginning of each fiscal year for which grants are provided to ,states and ,indian tribes under this section1 the ,secretary shall publish in the ,federal ,register the formulas for allocation established under this subsection4 7#e7 ,administrative costs ,of the amount allocated to a ,state or ,indian tribe under this subsection1 not more than #ae percent shall be used by the ,state or ,indian tribe for the administrative costs of administering loans4 7e7 ,loans by ,states and ,indian tribes to eligible entities 7#a7 ,in general ,under the program1 a ,state or ,indian tribe shall make loans to eligible entities to make loans to qualified consumers-- 7,a7 to implement cost-effective energy efficiency measures2 and 7,b7 in accordance with subsection 7f74 7#b7 ,state energy offices ,a ,state shall carry out paragraph 7#a7 through the ,state energy office that is responsible for developing a ,state energy conservation plan under section #cfb4 7#c7 ,priority ,in making loans under paragraph 7#a71 a ,state or ,indian tribe shall give priority to public power groups4 7#d7 ,requirements 7,a7 ,in general ,subject to subparagraph 7,c71 as a condition of receiving a loan under this subsection1 an eligible entity shall-- 7i7 establish a list of energy efficiency measures that are expected to decrease the energy use or costs of qualified consumers2 7ii7 prepare an implementation plan for use of the loan funds1 including the use of any interest to be received under subsection 7f77#d72 7iii7 establish an appropriate measurement and verification system to ensure-- 7,i7 the effectiveness of the energy efficiency loans made by the eligible entity2 and 7,,ii7 that there is no conflict of interest in any loan provided by the eligible entity2 7iv7 demonstrate expertise in the effective implementation of energy efficiency measures2 7v7 ensure that a portion of the loan funds1 which may be determined by the ,state or ,indian tribe1 are used to provide loans to qualified consumers that are households with a high energy burden2 and 7vi7 give priority to providing loans to qualified consumers that own homes or other real property that pose health risks to the occupants of the property that may be mitigated by energy efficiency measures1 as determined by the ,state or ,indian tribe4 7,b7 ,revision of list of energy efficiency measures ,subject to the approval of the ,state or ,indian tribe1 as applicable1 an eligible entity may update the list required under subparagraph 7,a77i7 to account for newly available efficiency technologies4 7,c7 ,existing energy efficiency programs ,an eligible entity that has established an energy efficiency program for qualified consumers before the date of enactment of this section may use an existing list of energy efficiency measures1 implementation plan1 and measurement and verification system for that program to satisfy the applicable requirements under subparagraph 7,a71 if the ,state or ,indian tribe1 as applicable1 determines that the list1 plan1 or system1 as applicable1 is consistent with the purposes of this section4 7#e7 ,no interest ,a loan under this subsection shall bear no interest4 7#f7 ,term ,the term of a loan provided to an eligible entity under paragraph 7#a7 shall not exceed #bj years after the date on which the loan is issued4 7#g7 ,advance 7,a7 ,in general ,in providing a loan to an eligible entity under paragraph 7#a71 a ,state or ,indian tribe may provide an advance of loan funds on request of the eligible entity4 7,b7 ,amount limitation ,any advance provided to an eligible entity under subparagraph 7,a7 in any single year shall not exceed #ej percent of the approved loan amount4 7,c7 ,repayment ,the repayment of an advance under subparagraph 7,a7 shall be amortized for a period of not more than #aj years4 7#h7 ,special advance for start-up activities 7,a7 ,in general ,in providing a loan to an eligible entity under paragraph 7#a71 a ,state or ,indian tribe may provide a special advance on request of the eligible entity for assistance in defraying the start-up costs of the eligible entity1 as determined by the ,state or ,indian tribe1 as applicable1 of providing loans to qualified consumers under subsection 7f74 7,b7 ,limitation ,a special advance shall be provided to an eligible entity under subparagraph 7,a7 only during the #aj-year period beginning on the date on which the loan is issued to that eligible entity4 7,c7 ,amount ,the amount of a special advance provided under subparagraph 7,a7 shall not be greater than #e percent of the approved loan amount4 7,d7 ,repayment ,repayment of a special advance provided under subparagraph 7,a7-- 7i7 shall be required during the #aj-year period beginning on the date on which the special advance is made2 and 7ii7 may be deferred to the end of the #aj-year period described in clause 7i7 at the election of the eligible entity4 7#i7 ,revolving loan fund 7,a7 ,in general ,as a condition of participating in the program1 a ,state or ,indian tribe shall use the funds repaid to the ,state or ,indian tribe under loans offered under this subsection to issue new loans under this subsection4 7,b7 ,administrative costs ,not more than #aj percent of the repaid funds described in subparagraph 7,a7 may be used for the administrative cost of issuing new loans from those repaid funds under this subsection4 7f7 ,loans by eligible entities to qualified consumers 7#a7 ,use of loan 7,a7 ,in general ,a loan made by an eligible entity to a qualified consumer using loan funds provided by a ,state or ,indian tribe under subsection 7e7-- 7i7 shall be used to finance energy efficiency measures for the purpose of decreasing the energy use or costs of the qualified consumer by an amount that ensures1 to the maximum extent practicable1 that the applicable loan term described in subparagraph 7,b7 shall not be an undue financial burden on the qualified consumer1 as determined by the eligible entity2 7ii7 shall not be used to fund purchases of1 or modifications to1 personal property unless the personal property is or becomes attached to real property as a fixture2 7iii7 may be used to upgrade a manufactured home1 regardless of the classification of the home as real or personal property2 and 7iv7 may be used to finance the replacement of a manufactured home-- 7,i7 if the cost of upgrading the manufactured home is excessive1 as determined by the eligible entity2 and 7,,ii7 with priority given to a manufactured home that was constructed before ,june #ae1 #aigf4 7,b7 ,loan term described ,the loan term referred to in subparagraph 7,a77i7 is-- 7i7 in the case of a manufactured home replacement1 not more than #bj years2 and 7ii7 in the case of any other energy efficiency measure1 not more than #ae years4 7#b7 ,repayment 7,a7 ,in general ,subject to subparagraph 7,b71 a loan described in paragraph 7#a77;,a7 shall be repaid by the qualified consumer through charges added to an existing or new electric or recurring service bill for the property of the qualified consumer for1 or at which1 energy efficiency measures are being implemented4 7,b7 ,alternative repayment ,repayment under subparagraph 7,a7 shall not preclude-- 7i7 the voluntary prepayment of the loan by the qualified consumer2 or 7ii7 the use of any additional repayment mechanism1 including a tariffed on-bill mechanism1 that-- 7,i7 has appropriate risk mitigation features1 as determined by the eligible entity2 or 7,,ii7 is required due to the qualified consumer no longer being a customer of the eligible entity4 7#c7 ,energy assessment 7,a7 ,in general ,prior to the installation of energy efficiency measures at the property of a qualified consumer that receives a loan from an eligible entity under this section1 and to assist in the selection of the energy efficiency measures to be installed1 the eligible entity shall conduct an energy assessment or audit to determine the impact of proposed energy efficiency measures on-- 7i7 the energy costs and consumption of the qualified consumer2 and 7ii7 the health and safety of the occupants of the property on which the energy efficiency measures are to be installed4 7,b7 ,field or online assessment ,an energy assessment or audit under subparagraph 7,a7 may be conducted in the field or online1 as determined by the ,state or ,indian tribe that has issued a loan to the eligible entity under subsection 7e74 7#d7 ,interest ,a loan described in paragraph 7#a77;,a7 may bear interest1 not to exceed #e percent1 which may be used-- 7,a7 to establish a loan loss reserve for the eligible entity2 7,b7 to offset the personnel and program costs of the eligible entity in providing the loan2 and 7,c7 for any other related purpose1 as determined by the eligible entity1 in consultation with the ,state or ,indian tribe that has issued a loan to the eligible entity under subsection 7e74 7#e7 ,outside contracts ,an eligible entity may enter into #a or more contracts with #a or more qualified entities1 as determined by the ,state or ,indian tribe that has issued a loan to the eligible entity under subsection 7e7-- 7,a7 to assist the eligible entity in administering the loans described in paragraph 7#a77;,a72 and 7,b7 to carry out any of the requirements of the eligible entity described in subsection 7e77#d77;,a74 7g7 ,direct loans from ,states and ,indian tribes ,a ,state or ,indian tribe may act as an eligible entity under subsection 7f7 to provide loans directly to qualified consumers-- 7#a7 in accordance with that subsection2 and 7#b7 if the ,state or ,indian tribe satisfies the requirements under subsection 7e77#d71 as determined by the ,secretary4 7h7 ,program administration 7#a7 ,plan ,not later than #abj days after the date of enactment of this section1 the ,secretary shall establish and begin carrying out a plan-- 7,a7 to measure and verify the success of the program in implementing energy efficiency measures2 7,b7 provide training to the employees of eligible entities relating to carrying out the requirements of eligible entities under this section2 and 7,c7 provide technical assistance to ,states1 ,indian tribes1 and eligible entities relating to carrying out the requirements of this section4 7#b7 ,public awareness ,not later than #abj days after the date of enactment of this section1 the ,secretary shall establish and begin carrying out a plan to make eligible entities and the general public aware of the program1 including by developing a marketing program to raise awareness of the program4 7#c7 ,outside contracts 7,a7 ,in general ,the ,secretary may enter into #a or more contracts with #a or more qualified entities1 as determined by the ,secretary1 to carry out paragraphs 7#a7 and 7#b74 7,b7 ,use of subcontractors authorized ,a qualified entity that enters into a contract with the ,secretary under subparagraph 7,a7 may use #a or more subcontractors to assist the qualified entity in carrying out the contract4 7#d7 ,accounting ,the ,secretary1 and each ,state and ,indian tribe participating in the program1 shall take appropriate steps to streamline the accounting requirements for eligible entities under the program while maintaining adequate assurances of the repayment of the loans made to those eligible entities under the program4 7i7 ,effect on authority ,nothing in this section shall impede1 impair1 or modify the authority of the ,secretary to offer loans or grants under any other law4 7j7 ,report 7#a7 ,in general ,not later than #ae months after the date on which the program is established1 and #ij days after the end of each fiscal year for each fiscal year thereafter1 the ,secretary shall submit to the appropriate committees of ,congress and make publicly available a report that describes1 with respect to the program-- 7,a7 the number of applications received by each ,state and ,indian tribe from eligible entities for that fiscal year2 7,b7 the number of loans made by each ,state and ,indian tribe for that fiscal year-- 7i7 to eligible entities2 and 7ii7 directly to qualified consumers2 7,c7 the eligible entities that are the recipients of the loans described in subparagraph 7,b77i72 and 7,d7 the manner in which the program was advertised to eligible entities and the general public4 7#b7 ,consultation ,the ,secretary shall consult with and obtain information from ,states and ,indian tribes in preparing the report submitted under paragraph 7#a74 7k7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out this section #aej1jjj1jjj for each of fiscal years #bjba through #bjbf4 7#b7 ,supplement not supplant ,the funding provided to a ,state or ,indian tribe under subsection 7d7 for each fiscal year shall be used to supplement1 not supplant1 any ,federal1 ,state1 or other funds otherwise made available to that ,state or ,indian tribe under-- 7,a7 a ,state 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 or 7,b7 the ,weatherization ,assistance ,program for ,low-,income ,persons established under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq474 4 7b7 ,state energy conservation plans ,section #cfb7;d77#e7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77#e77 is amended-- 7#a7 in subparagraph 7,a71 by striking or at the end2 7#b7 in subparagraph 7,b71 by inserting or after the semicolon2 and 7#c7 by adding at the end the following3 7,c7 which may include the community energy savings program under section #cfb;,a2 4 7c7 ,technical amendment ,the table of contents for the ,energy ,policy and ,conservation ,act 7,public ,law #id-afc2 #hi ,stat4 #hgb7 is amended by inserting after the item relating to section #cfb the following3 ,sec4 #cfb;,a4 ,community energy savings program4 4