Sec. 205. State administered rebates for multifamily building energy efficiency retrofits
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In carrying out the Home Energy Savings Retrofit Rebate Program, and subject to the availability of appropriations for such purpose, the Secretary shall provide grants to States to carry out programs to provide rebates for multifamily building energy efficiency retrofits in accordance with this section. In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c).
Not later than 60 days after receipt of a completed application for a grant under this section, the Secretary shall either approve the application or provide to the applicant an explanation for denying the application. Not later than 6 months after the date of enactment of this Act, the Secretary shall establish and publish minimum criteria for a State program to meet to qualify for funding under this section, including— that the State program be carried out by the applicable State energy office or its designee; that a rebate be provided under a State program only for a whole-building multifamily building energy efficiency retrofit that— is completed by a contractor who meets minimum training requirements, certification requirements, and other requirements established by the Secretary; includes installation of one or more multifamily building energy efficiency retrofit measures for the multifamily building that are modeled to achieve, or are shown to achieve, the minimum reduction required under this section— in whole building energy use; or with respect to a portfolio of multifamily energy efficiency retrofits, in aggregated multifamily building energy use for such portfolio; does not include installation of any measure that the Secretary determines does not improve the whole building energy performance of the building, such as a pool pump, pool heater, or spa; and includes, after installation of the applicable whole building energy efficiency retrofit measures, a test-out procedure conducted in accordance with guidelines issued by the Secretary of such measures to ensure— the safe operation of all systems post-retrofit; and that all improvements are included in, and have been installed according to— manufacturers’ installation specifications; and all applicable State and local codes or equivalent standards approved by the Secretary; that the State program utilize— for purposes of modeled performance multifamily building rebates, modeling software, methods, and procedures— for determining and documenting the reductions in multifamily building energy use resulting from the implementation of a multifamily building energy efficiency retrofit that can be calibrated to historical energy usage for a multifamily building consistent with BPI 2400; that are approved by the Secretary; that can provide evidence for necessary improvements to a State program; and that can help to calibrate models for accuracy; for purposes of measured performance multifamily building rebates, methods and procedures approved by the Secretary for determining and documenting— the monthly and hourly (if available) weather-normalized baseline energy use of a multifamily building; and the reductions in monthly and hourly (if available) weather-normalized energy use of a multifamily building resulting from the implementation of a multifamily building efficiency retrofit; and open-source advanced measurement and verification software approved by the Secretary; that the State program include implementation of a quality assurance program— to ensure that multifamily building energy efficiency retrofits are achieving the stated level of energy savings, that efficiency measures were installed correctly, and that work is performed in accordance with procedures developed by the Secretary, including through quality-control inspections for a portion of multifamily building energy efficiency retrofits completed by each applicable contractor; and under which a quality-control inspection of a multifamily building energy efficiency retrofit is performed by a quality assurance provider who— is independent of the contractor for such retrofit; and will confirm that such contractor is a contractor who meets the minimum requirements described in paragraph (2); that, if the State program will provide measured performance multifamily building rebates, the State program— only provide such a measured performance multifamily building rebate with respect to a multifamily building energy efficiency retrofit after collecting at least 13 months of data on multifamily building energy usage after completion of such retrofit; establish and utilize, in accordance with guidance issued by the Secretary, a maximum fractional savings uncertainty for any portfolio of multifamily building energy efficiency retrofits; and publicly report annual aggregated reductions in multifamily building energy use for homes for which measured performance multifamily building rebates are provided; that the State program include requirements for a multifamily building owner, contractor, or aggregator to claim a rebate, including that the building owner, contractor, or aggregator submit to the State any applicable forms approved by the Secretary, including a copy of the certificate provided by the applicable contractor certifying projected or measured reduction of multifamily building energy use; that the State program include procedures for a multifamily building owner to transfer the right to claim a rebate to the contractor performing the applicable multifamily building energy efficiency retrofit or to an aggregator, if the State program will utilize aggregators; that if the State program will utilize aggregators to facilitate delivery of rebates to multifamily building owners or contractors, that the State program include requirements for an entity to be eligible to serve as an aggregator; that the State program provide that a multifamily building owner or contractor may claim more than one rebate under the State program, provided that no 2 rebates may be provided with respect to a multifamily building using the same baseline energy use of such multifamily building; and that the State program include a procedure for providing, with respect to each multifamily building located in an underserved community that receives a multifamily building energy efficiency retrofit for which a rebate is provided under the program, the contractor performing such multifamily building energy efficiency retrofit, or an aggregator who has the right to claim such rebate, $50 per dwelling unit in the multifamily building.
In carrying out a State program under this section, a State may provide a building owner or contractor a rebate, to be known as a modeled performance multifamily building rebate, for an energy audit of a multifamily building and a multifamily building energy efficiency retrofit that is projected, using modeling software approved by the Secretary, to reduce whole building energy use by at least 20 percent. Except as provided in section 206 and subject to subparagraph (B), the amount of a modeled performance multifamily building rebate provided under a State program shall be equal to not more than 50 percent of the cost of the applicable energy audit of a multifamily building and multifamily building energy efficiency retrofit, including the cost of diagnostic procedures, labor, reporting, and modeling.
Except as provided in section 206, with respect to an energy audit and multifamily building energy efficiency retrofit that is projected to reduce multifamily building energy use by— at least 20 percent, but less than 35 percent, the maximum amount of a modeled performance multifamily building rebate shall be $2,000 per dwelling unit in the multifamily building, up to a maximum of $200,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity; and at least 35 percent, the maximum amount of a modeled performance multifamily building rebate shall be $4,000 per dwelling unit in the multifamily building, up to a maximum of $400,000 per multifamily building or per complex, if such complex consists of multiple adjacent multifamily buildings owned by the same entity.
In carrying out a State program under this section, a State may provide a building owner, contractor, or aggregator a rebate, to be known as a measured performance multifamily building rebate, for a multifamily building energy efficiency retrofit, or portfolio of multifamily energy efficiency retrofits, where— for a multifamily building energy efficiency retrofit that is not part of a portfolio, there is reduction in multifamily building energy use of at least 15 percent; and for multifamily building energy efficiency retrofits that are part of a portfolio, there is an aggregate reduction in multifamily building energy use of at least 15 percent.
For purposes of a measured performance multifamily building rebate, reductions in multifamily building energy use shall be measured— at the meter; in terms of reductions in kilowatt hour, or kilowatt hour-equivalent, use; and using methods and procedures approved by the Secretary. Except as provided in section 206— in the case of a multifamily building energy efficiency retrofit— that is not part of a portfolio, the amount of a measured performance multifamily building rebate provided under a State program shall be not more than 50 percent of the direct costs of the multifamily building energy efficiency retrofit to the owner; and that is part of a portfolio, the aggregated amount for measured performance multifamily building rebates provided for such portfolio under a State program shall be not more than 50 percent of the aggregated direct costs of the multifamily building energy efficiency retrofits that are part of the portfolio; the amount of a measured performance multifamily building rebate provided under a State program shall be determined— in the case of a multifamily building energy efficiency retrofit that is not part of a portfolio, based on the amount that energy use for the multifamily building is reduced, provided such reduction is at least 15 percent; and in the case of a multifamily building energy efficiency retrofit that is part of a portfolio, based on the amount that energy use for the multifamily building is reduced, regardless of whether such reduction is at least 15 percent; and the amount of a measured performance multifamily building rebate provided under a State program shall be determined using a payment rate per kilowatt hour or kilowatt hour-equivalent of reduction in multifamily building energy use that is— established by the State energy office and approved by the Secretary; and not more than a payment rate that would equal, for a 20 percent reduction in average multifamily building energy use, based on State energy data, a rebate of not more than $2,000 per dwelling unit in the multifamily building.
If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection
(b)and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State. A State may use up to 10 percent of a grant received under this section for the costs of administering a State program approved pursuant to subsection
(b)and that meets the minimum criteria under subsection (c). The minimum requirements described in subsection (c)(2) for contractors shall include a requirement that a contractor certify that all laborers and mechanics employed by the contractor or subcontractor thereof in the performance of construction, alteration, or repair work for which a rebate is provided under a State program 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 in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
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- 64 Stat. 1267
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Sec. 205
State administered rebates for multifamily building energy efficiency retrofits
Stat.64 Stat. 1267
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