,,ii #aagth ,,congress #ast ,session ,s4 #bjff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ae1 #bjba,mr4 ,manchin 7for himself and ,ms4 ,murkowski7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to require the ,secretary of ,energy to establish an energy efficiency revolving loan fund capitalization grant program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,investing in ,new ,strategies for ,upgrading ,lower ,attaining ,efficiency ,buildings ,act of #bjba or the ,,insulate ,buildings ,act of #bjba4 #b4 ,definitions ,in this ,act3 7#a7 ,priority ,state ,the term priority ,state means a ,state that-- 7,a7 is eligible for funding under the ,state ,energy ,program2 and 7,b7 7i7 is among the #ae ,states with the highest annual per-capita combined residential and commercial sector energy consumption1 as most recently reported by the ,energy ,information ,administration2 or 7ii7 is among the #ae ,states with the highest annual per-capita energy-related carbon dioxide emissions by ,state1 as most recently reported by the ,energy ,information ,administration4 7#b7 ,program ,the term program means the program established under section #c7;a74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#d7 ,state ,the term ,state means a ,state 7as defined in section #c of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbjb771 acting through a ,state energy office4 7#e7 ,state ,energy ,program ,the term ,state ,energy ,program means the ,state ,energy ,program established under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq474 #c4 ,energy efficiency revolving loan fund capitalization grant program 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 under the ,state ,energy ,program1 the ,secretary shall establish a program under which the ,secretary shall provide capitalization grants to ,states to establish a revolving loan fund under which the ,state shall provide loans and grants1 as applicable1 in accordance with this section4 7b7 ,distribution of funds 7#a7 ,all ,states 7,a7 ,in general ,of the amounts made available under subsection 7k71 the ,secretary shall use #dj percent to provide capitalization grants to ,states that are eligible for funding under the ,state ,energy ,program1 in accordance with the allocation formula established under section #dbj4aa of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,remaining funding ,after applying the allocation formula described in subparagraph 7,a71 the ,secretary shall redistribute any unclaimed funds to the remaining ,states seeking capitalization grants under that subparagraph4 7#b7 ,priority ,states 7,a7 ,in general ,of the amounts made available under subsection 7k71 the ,secretary shall use #fj percent to provide supplemental capitalization grants to priority ,states in accordance with an allocation formula determined by the ,secretary4 7,b7 ,remaining funding ,after applying the allocation formula described in subparagraph 7,a71 the ,secretary shall redistribute any unclaimed funds to the remaining priority ,states seeking supplemental capitalization grants under that subparagraph4 7,c7 ,grant amount 7i7 ,maximum amount ,the amount of a supplemental capitalization grant provided to a ,state under this paragraph shall not exceed #cj1jjj1jjj4 7ii7 ,supplement not supplant ,a supplemental capitalization grant received by a ,state under this paragraph shall supplement1 not supplant1 a capitalization grant received by that ,state under paragraph 7#a74 7c7 ,applications for capitalization grants ,a ,state seeking a capitalization grant under the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7#a7 a detailed explanation of how the grant will be used1 including a plan to establish a new revolving loan fund or use an existing revolving loan fund2 7#b7 the need of eligible recipients for loans and grants in the ,state for assistance with conducting energy audits2 7#c7 a description of the expected benefits that building infrastructure and energy system upgrades and retrofits will have on communities in the ,state2 and 7#d7 in the case of a priority ,state seeking a supplemental capitalization grant under subsection 7b77#b71 a justification for needing the supplemental funding4 7d7 ,timing 7#a7 ,in general ,the ,secretary shall establish a timeline with dates by1 or periods by the end of1 which a ,state shall-- 7,a7 on receipt of a capitalization grant under the program1 deposit the grant funds into a revolving loan fund2 and 7,b7 begin using the capitalization grant as described in subsection 7e77#a74 7#b7 ,use of grant ,under the timeline established under paragraph 7#a71 a ,state shall be required to begin using a capitalization grant not more than #ahj days after the date on which the grant is received4 7e7 ,use of grant funds 7#a7 ,in general ,a ,state that receives a capitalization grant under the program-- 7,a7 shall provide loans in accordance with paragraph 7#b72 and 7,b7 may provide grants in accordance with paragraph 7#c74 7#b7 ,loans 7,a7 ,commercial energy audit 7i7 ,in general ,a ,state that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause 7iii7 to conduct a commercial energy audit4 7ii7 ,audit requirements ,a commercial energy audit conducted using a loan provided under clause 7i7 shall-- 7,i7 determine the overall consumption of energy of the facility of the eligible recipient2 7,,ii7 identify and recommend lifecycle cost-effective opportunities to reduce the energy consumption of the facility of the eligible recipient1 including through energy efficient-- 7aa7 lighting2 7bb7 heating1 ventilation1 and air conditioning systems2 7cc7 windows2 7dd7 appliances2 and 7ee7 insulation and building envelopes2 7,,iii7 estimate the energy and cost savings potential of the opportunities identified in subclause 7,,ii7 using software approved by the ,secretary2 7,,iv7 identify-- 7aa7 the period and level of peak energy demand for each building within the facility of the eligible recipient2 and 7bb7 the sources of energy consumption that are contributing the most to that period of peak energy demand2 7,v7 recommend controls and management systems to reduce or redistribute peak energy consumption2 7,,vi7 recommend strategies to increase electrification of the facility of the eligible recipient1 including the installation of-- 7aa7 charging infrastructure for plug-in electric vehicles2 7bb7 electric heating and cooling systems2 or 7cc7 electric appliances2 and 7,,vii7 estimate the total energy and cost savings potential for the facility of the eligible recipient if all recommended upgrades and retrofits are implemented1 using software approved by the ,secretary4 7iii7 ,eligible recipients ,an eligible recipient under clause 7i7 is a business that-- 7,i7 conducts the majority of its business in the ,state that provides the loan under that clause2 and 7,,ii7 owns or operates-- 7aa7 #a or more commercial buildings2 or 7bb7 commercial space within a building that serves multiple functions1 such as a building for commercial and residential operations4 7,b7 ,residential energy audits 7i7 ,in general ,a ,state that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause 7iii7 to conduct a residential energy audit4 7ii7 ,residential energy audit requirements ,a residential energy audit conducted using a loan under clause 7i7 shall-- 7,i7 utilize the same evaluation criteria as the ,home ,performance ,assessment used in the ,energy ,star program established under section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a72 7,,ii7 recommend lifecycle cost-effective opportunities to reduce energy consumption within the residential building of the eligible recipient1 including through energy efficient-- 7aa7 lighting2 7bb7 heating1 ventilation1 and air conditioning systems2 7cc7 windows2 7dd7 appliances2 and 7ee7 insulation and building envelopes2 7,,iii7 recommend controls and management systems to reduce or redistribute peak energy consumption2 7,,iv7 recommend strategies to increase electrification of the residential building of the eligible recipient1 including the installation of-- 7aa7 charging infrastructure for plug-in electric vehicles1 if possible2 7bb7 electric heating and cooling systems2 or 7cc7 electric appliances2 7,v7 compare the energy consumption of the residential building of the eligible recipient to comparable residential buildings in the same geographic area2 and 7,,vi7 provide a ,home ,energy ,score1 or equivalent score1 for the residential building of the eligible recipient by using the ,home ,energy ,score ,tool of the ,department of ,energy or an equivalent scoring tool4 7iii7 ,eligible recipients ,an eligible recipient under clause 7i7 is-- 7,i7 an individual who owns-- 7aa7 a single family home2 7bb7 a condominium or duplex2 or 7cc7 a manufactured housing unit2 or 7,,ii7 a business that owns or operates a multifamily housing facility4 7,c7 ,commercial and residential energy upgrades and retrofits 7i7 ,in general ,a ,state that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause 7ii7 to carry out upgrades or retrofits of building infrastructure and systems that-- 7,i7 are recommended in the commercial energy audit or residential energy audit1 as applicable1 completed for the building or facility of the eligible recipient2 7,,ii7 satisfy at least #a of the criteria in the ,home ,performance ,assessment used in the ,energy ,star program established under section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a72 7,,iii7 improve1 with respect to the building or facility of the eligible recipient-- 7aa7 the physical comfort of the building or facility occupants2 7bb7 the energy efficiency of the building or facility2 or 7cc7 the quality of the air in the building or facility2 and 7,,iv7 7aa7 are lifecycle cost-effective2 and 7bb7 7,,aa7 reduce the energy intensity of the building or facility of the eligible recipient2 or 7,,bb7 improve the control and management of energy usage of the building or facility to reduce demand during peak times4 7ii7 ,eligible recipients ,an eligible recipient under clause 7i7 is an eligible recipient described in subparagraph 7,a77iii7 or 7,b77iii7 that-- 7,i7 has completed a commercial energy audit described in subparagraph 7,a7 or a residential energy audit described in subparagraph 7,b7 using a loan provided under the applicable subparagraph2 or 7,,ii7 has completed a commercial energy audit or residential energy audit that-- 7aa7 was not funded by a loan under this paragraph2 and 7bb7 7,,aa7 meets the requirements for the applicable audit under subparagraph 7,a7 or 7,b71 as applicable2 or 7,,bb7 the ,secretary determines is otherwise satisfactory4 7iii7 ,loan term ,a loan provided under this subparagraph shall be required to be fully amortized by the earlier of-- 7,i7 the year in which the upgrades or retrofits carried out using the loan exceed their expected useful life2 and 7,,ii7 #ae years after those upgrades or retrofits are installed4 7,d7 ,referral to qualified contractors ,following the completion of an audit under subparagraph 7,a7 or 7,b7 by an eligible recipient of a loan under the applicable subparagraph1 the ,state may refer the eligible recipient to a qualified contractor1 as determined by the ,state1 to estimate-- 7i7 the upfront capital cost of each recommended upgrade2 and 7ii7 the total upfront capital cost of implementing all recommended upgrades4 7,e7 ,loan recipients ,each ,state providing loans under this paragraph shall1 to the maximum extent practicable1 provide loans to eligible recipients that do not have access to private capital4 7#c7 ,grants and technical assistance 7,a7 ,in general ,a ,state that receives a capitalization grant under the program may use not more than #be percent of the grant funds to provide grants or technical assistance to eligible entities described in subparagraph 7,b7 to carry out the activities described in subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#b74 7,b7 ,eligible entity ,an entity eligible for a grant or technical assistance under subparagraph 7,a7 is-- 7i7 a business that-- 7,i7 is an eligible recipient described in paragraph 7#b77;,a77iii72 and 7,,ii7 has fewer than #ejj employees2 or 7ii7 a low-income individual 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb77 that owns a residential building4 7#d7 ,administrative expenses ,a ,state that receives a capitalization grant under the program may use not more than #aj percent of the grant funds for administrative expenses4 7f7 ,coordination with existing programs ,a ,state receiving a capitalization grant under the program is encouraged to utilize and build on existing programs and infrastructure within the ,state that may aid the ,state in carrying out a revolving loan fund program4 7g7 ,leveraging private capital ,a ,state receiving a capitalization grant under the program shall1 to the maximum extent practicable1 use the grant to leverage private capital4 7h7 ,outreach ,the ,secretary shall engage in outreach to inform ,states of the availability of capitalization grants under the program4 7i7 ,davis-,bacon compliance 7#a7 ,in general ,any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any project 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 ,authority ,with respect to the labor standards specified in paragraph 7#a71 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7j7 ,report ,each ,state that receives a capitalization grant under the program shall1 not later than #a year after a grant is received1 submit to the ,secretary a report that describes-- 7#a7 the number of recipients to which the ,state has distributed-- 7,a7 loans for-- 7i7 commercial energy audits under subsection 7e77#b77;,a72 7ii7 residential energy audits under subsection 7e77#b77;,b72 7iii7 energy upgrades and retrofits under subsection 7e77#b77;,c72 and 7,b7 grants under subsection 7e77#c72 and 7#b7 the average capital cost of upgrades and retrofits across all commercial energy audits and residential energy audits that were conducted in the ,state using loans provided by the ,state under subsection 7e74 7k7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #bej1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 #d4 ,energy auditor training grant program 7a7 ,definitions ,in this section3 7#a7 ,covered certification ,the term covered certification means any of the following certifications3 7,a7 ,the ,,ashrae ,building ,energy ,assessment ,professional certification4 7,b7 ,the ,association of ,energy ,engineers ,certified ,energy ,auditor certification4 7,c7 ,the ,building ,performance ,institute ,home ,energy ,professional ,energy ,auditor certification4 7,d7 ,the ,residential ,energy ,services ,network ,home ,energy ,rater certification4 7,e7 ,any other third-party certification recognized by the ,department of ,energy4 7,f7 ,any third-party certification that the ,secretary determines is equivalent to the certifications described in subparagraphs 7,a7 through 7,e74 7#b7 ,eligible ,state ,the term eligible ,state means a ,state that-- 7,a7 has a demonstrated need for assistance for training energy auditors2 and 7,b7 meets any additional criteria determined necessary by the ,secretary4 7b7 ,establishment ,under the ,state ,energy ,program1 the ,secretary shall establish a competitive grant program under which the ,secretary shall award grants to eligible ,states to train individuals to conduct energy audits or surveys of commercial and residential buildings4 7c7 ,applications 7#a7 ,in general ,a ,state seeking a grant under subsection 7b7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including the energy auditor training program plan described in paragraph 7#b74 7#b7 ,energy auditor training program plan ,an energy auditor training program plan submitted with an application under paragraph 7#a7 shall include-- 7,a7 7i7 a proposed training curriculum for energy audit trainees2 and 7ii7 an identification of the covered certification that those trainees will receive on completion of that training curriculum2 7,b7 the expected per-individual cost of training2 7,c7 a plan for connecting trainees with employment opportunities2 and 7,d7 any additional information required by the ,secretary4 7d7 ,amount of grant ,the amount of a grant awarded to an eligible ,state under subsection 7b7-- 7#a7 shall be determined by the ,secretary1 taking into account the population of the eligible ,state2 and 7#b7 shall not exceed #b1jjj1jjj for any eligible ,state4 7e7 ,use of funds 7#a7 ,in general ,an eligible ,state that receives a grant under subsection 7b7 shall use the grant funds-- 7,a7 to cover any cost associated with individuals being trained or certified to conduct energy audits by-- 7i7 the ,state2 or 7ii7 a ,state-certified third party training program2 and 7,b7 subject to paragraph 7#b71 to pay the wages of a trainee during the period in which the trainee receives training and certification4 7#b7 ,limitation ,not more than #aj percent of grant funds provided under subsection 7b7 to an eligible ,state may be used for the purpose described in paragraph 7#a77;,b74 7f7 ,consultation ,in carrying out this section1 the ,secretary shall consult with the ,secretary of ,labor4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #h1jjj1jjj for each of fiscal years #bjbb through #bjbf4