15 U.S.C. § 657h — Small business energy efficiency

Page 1067 TITLE 15—COMMERCE AND TRADE § 657h the transfer date, and in all such suits, proceedings shall be had, appeals taken, and judgments ren- dered in the same manner and with the same effect as if this subsection had not been enacted. ‘‘(D) NONABATEMENT OF ACTIONS.—No suit, action, or other proceeding commenced by or against the Department of Veterans Affairs, or by or against any individual in the official capacity of such indi- vidual as an officer of the Department of Veterans Affairs, shall abate by reason of the enactment of this subsection. ‘‘(E) ADMINISTRATIVE ACTIONS RELATING TO PRO- MULGATION OF REGULATIONS.—Any administrative action relating to the preparation or promulgation of a regulation by the Department of Veterans Af- fairs relating to a function transferred under this subsection may be continued by the Administrator of the Small Business Administration with the same effect as if this subsection had not been en- acted. ‘‘(F) EFFECT ON PERSONNEL.—The Secretary of Veterans Affairs shall appoint any employee rep- resented by a labor organization accorded exclusive recognition under section 7111 of title 5, United States Code, that is affected by the transfer of func- tions under this subsection to a position of a con- tinuing nature for which the employee is qualified, at a grade and compensation not lower than the current grade and compensation of the employee. ‘‘(6) REFERENCES.—Any reference in any other Fed- eral law, Executive order, rule, regulation, or delega- tion of authority, or any document of or pertaining to a function of the Center for Verification and Eval- uation that is transferred under this subsection is deemed, after the transfer date, to refer to the Small Business Administration.’’ § 657f–1. Certification of small business concerns owned and controlled by veterans (a) In general With respect to the program established under section 8127 of title 38, the Administrator shall— (1) certify the status of a concern as a small business concern owned and controlled by vet- erans; and (2) require the periodic recertification of such status. (b) Enforcement; penalties (1) Verification of eligibility In carrying out this section, the Adminis- trator shall establish procedures relating to— (A) the filing, investigation, and disposi- tion by the Administration of any challenge to the eligibility of a small business concern to receive assistance under section 657f of this title (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection (a)); and (B) verification by the Administrator of the accuracy of any certification made or in- formation provided to the Administration by a small business concern under subsection (a). (2) Examination of applicants The procedures established under paragraph (1) shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under sub- section (a), to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection (a). (Pub. L. 85–536, § 2[36A], as added Pub. L. 116–283, div. A, title VIII, § 862(e), Jan. 1, 2021, 134 Stat. 3781.) § 657g. Participation in federally funded projects Any small business concern that is certified, or otherwise meets the criteria for participation in any program under section 637(a) of this title, shall not be required by any State, or political subdivision thereof, to meet additional criteria or certification, unrelated to the capability to provide the requested products or services, in order to participate as a small disadvantaged business in any program or project that is fund- ed, in whole or in part, by the Federal Govern- ment. (Pub. L. 108–447, div. K, title I, § 155, Dec. 8, 2004, 118 Stat. 3458.) Editorial Notes CODIFICATION Section was enacted as part of the Small Business Reauthorization and Manufacturing Assistance Act of 2004, and also as part of the Consolidated Appropria- tions Act, 2005, and not as part of the Small Business Act which comprises this chapter. Statutory Notes and Related Subsidiaries NOTICE REGARDING PARTICIPATION OF SMALL BUSINESS CONCERNS Pub. L. 109–59, title X, § 10201, Aug. 10, 2005, 119 Stat. 1932, provided that: ‘‘The Secretary [of Transportation] shall notify each State or political subdivision of a State to which the Secretary awards a grant or other Federal funds of the criteria for participation by a small business concern in any program or project that is funded, in whole or in part, by the Federal Govern- ment under section 155 of the Small Business Reauthor- ization and Manufacturing Assistance Act of 2004 (15 U.S.C. 567g [657g]).’’ § 657h. Small business energy efficiency (a) Definitions In this section— (1) the terms ‘‘Administration’’ and ‘‘Admin- istrator’’ mean the Small Business Adminis- tration and the Administrator thereof, respec- tively; (2) the term ‘‘association’’ means the asso- ciation of small business development centers established under section 648(a)(3)(A) of this title; (3) the term ‘‘disability’’ has the meaning given that term in section 12102 of title 42; (4) the term ‘‘Efficiency Program’’ means the Small Business Energy Efficiency Pro- gram established under subsection (c)(1); (5) the term ‘‘electric utility’’ has the mean- ing given that term in section 2602 of title 16; (6) the term ‘‘high performance green build- ing’’ has the meaning given that term in sec- tion 17061 of title 42; (7) the term ‘‘on-bill financing’’ means a low interest or no interest financing agreement between a small business concern and an elec- tric utility for the purchase or installation of equipment, under which the regularly sched- Page 1068 TITLE 15—COMMERCE AND TRADE § 657h uled payment of that small business concern to that electric utility is not reduced by the amount of the reduction in cost attributable to the new equipment and that amount is credited to the electric utility, until the cost of the purchase or installation is repaid; (8) the term ‘‘small business concern’’ has the same meaning as in section 632 of this title; (9) the term ‘‘small business development center’’ means a small business development center described in section 648 of this title; (10) the term ‘‘telecommuting’’ means the use of telecommunications to perform work functions under circumstances which reduce or eliminate the need to commute; (11) the term ‘‘Telecommuting Pilot Pro- gram’’ means the pilot program established under subsection (d)(1)(A); and (12) the term ‘‘veteran’’ has the meaning given that term in section 101 of title 38. (b) Implementation of small business energy effi- ciency program (1) In general Not later than 90 days after December 19, 2007, the Administrator shall promulgate final rules establishing the Government-wide pro- gram authorized under subsection (d) of sec- tion 6307 of title 42 that ensure compliance with that subsection by not later than 6 months after December 19, 2007. (2) Program required The Administrator shall develop and coordi- nate a Government-wide program, building on the Energy Star for Small Business program, to assist small business concerns in— (A) becoming more energy efficient; (B) understanding the cost savings from improved energy efficiency; and (C) identifying financing options for en- ergy efficiency upgrades. (3) Consultation and cooperation The program required by paragraph (2) shall be developed and coordinated— (A) in consultation with the Secretary of Energy and the Administrator of the Envi- ronmental Protection Agency; and (B) in cooperation with any entities the Administrator considers appropriate, such as industry trade associations, industry mem- bers, and energy efficiency organizations. (4) Availability of information The Administrator shall make available the information and materials developed under the program required by paragraph (2) to— (A) small business concerns, including smaller design, engineering, and construc- tion firms; and (B) other Federal programs for energy effi- ciency, such as the Energy Star for Small Business program. (5) Strategy and report (A) Strategy required The Administrator shall develop a strat- egy to educate, encourage, and assist small business concerns in adopting energy effi- cient building fixtures and equipment. (B) Report Not later than December 31, 2008, the Ad- ministrator shall submit to Congress a re- port containing a plan to implement the strategy developed under subparagraph (A). (c) Small business sustainability initiative (1) Authority The Administrator shall establish a Small Business Energy Efficiency Program to pro- vide energy efficiency assistance to small business concerns through small business de- velopment centers. (2) Small business development centers (A) In general In carrying out the Efficiency Program, the Administrator shall enter into agree- ments with small business development cen- ters under which such centers shall— (i) provide access to information and re- sources on energy efficiency practices, in- cluding on-bill financing options; (ii) conduct training and educational ac- tivities; (iii) offer confidential, free, one-on-one, in-depth energy audits to the owners and operators of small business concerns re- garding energy efficiency practices; (iv) give referrals to certified profes- sionals and other providers of energy effi- ciency assistance who meet such standards for educational, technical, and profes- sional competency as the Administrator shall establish; (v) to the extent not inconsistent with controlling State public utility regula- tions, act as a facilitator between small business concerns, electric utilities, lend- ers, and the Administration to facilitate on-bill financing arrangements; (vi) provide necessary support to small business concerns to— (I) evaluate energy efficiency opportu- nities and opportunities to design or con- struct high performance green buildings; (II) evaluate renewable energy sources, such as the use of solar and small wind to supplement power consumption; (III) secure financing to achieve energy efficiency or to design or construct high performance green buildings; and (IV) implement energy efficiency projects; (vii) assist owners of small business con- cerns with the development and commer- cialization of clean technology products, goods, services, and processes that use re- newable energy sources, dramatically re- duce the use of natural resources, and cut or eliminate greenhouse gas emissions through— (I) technology assessment; (II) intellectual property; (III) Small Business Innovation Re- search submissions under section 638 of this title; (IV) strategic alliances; (V) business model development; and (VI) preparation for investors; and Page 1069 TITLE 15—COMMERCE AND TRADE § 657h (viii) help small business concerns im- prove environmental performance by shift- ing to less hazardous materials and reduc- ing waste and emissions, including by pro- viding assistance for small business con- cerns to adapt the materials they use, the processes they operate, and the products and services they produce. (B) Reports Each small business development center participating in the Efficiency Program shall submit to the Administrator and the Administrator of the Environmental Protec- tion Agency an annual report that in- cludes— (i) a summary of the energy efficiency assistance provided by that center under the Efficiency Program; (ii) the number of small business con- cerns assisted by that center under the Ef- ficiency Program; (iii) statistics on the total amount of en- ergy saved as a result of assistance pro- vided by that center under the Efficiency Program; and (iv) any additional information deter- mined necessary by the Administrator, in consultation with the association. (C) Reports to Congress Not later than 60 days after the date on which all reports under subparagraph (B) re- lating to a year are submitted, the Adminis- trator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Busi- ness of the House of Representatives a report summarizing the information regarding the Efficiency Program submitted by small busi- ness development centers participating in that program. (3) Eligibility A small business development center shall be eligible to participate in the Efficiency Program only if that center is certified under section 648(k)(2) of this title. (4) Selection of participating State programs From among small business development centers submitting applications to participate in the Efficiency Program, the Adminis- trator— (A) shall, to the maximum extent prac- ticable, select small business development centers in such a manner so as to promote a nationwide distribution of centers partici- pating in the Efficiency Program; and (B) may not select more than 1 small busi- ness development center in a State to par- ticipate in the Efficiency Program. (5) Matching requirement Subparagraphs (A) and (B) of section 648(a)(4) of this title shall apply to assistance made available under the Efficiency Program. (6) Grant amounts Each small business development center se- lected to participate in the Efficiency Pro- gram under paragraph (4) shall be eligible to receive a grant in an amount equal to— (A) not less than $100,000 in each fiscal year; and (B) not more than $300,000 in each fiscal year. (7) Evaluation and report The Comptroller General of the United States shall— (A) not later than 30 months after the date of disbursement of the first grant under the Efficiency Program, initiate an evaluation of that program; and (B) not later than 6 months after the date of the initiation of the evaluation under sub- paragraph (A), submit to the Administrator, the Committee on Small Business and En- trepreneurship of the Senate, and the Com- mittee on Small Business of the House of Representatives, a report containing— (i) the results of the evaluation; and (ii) any recommendations regarding whether the Efficiency Program, with or without modification, should be extended to include the participation of all small business development centers. (8) Guarantee To the extent not inconsistent with State law, the Administrator may guarantee the timely payment of a loan made to a small business concern through an on-bill financing agreement on such terms and conditions as the Administrator shall establish through a formal rulemaking, after providing notice and an opportunity for comment. (9) Implementation Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out section 648(a)(1) of this title, the Administrator may make grants or enter into cooperative agree- ments to carry out this subsection. (10) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to make grants and enter into cooperative agreements to carry out this subsection. (11) Termination The authority under this subsection shall terminate 4 years after the date of disburse- ment of the first grant under the Efficiency Program. (d) Small business telecommuting (1) Pilot program (A) In general The Administrator shall conduct, in not more than 5 of the regions of the Adminis- tration, a pilot program to provide informa- tion regarding telecommuting to employers that are small business concerns and to en- courage such employers to offer telecom- muting options to employees. (B) Special outreach to individuals with dis- abilities In carrying out the Telecommuting Pilot Program, the Administrator shall make a concerted effort to provide information to— (i) small business concerns owned by or employing individuals with disabilities, Page 1070 TITLE 15—COMMERCE AND TRADE § 657i particularly veterans who are individuals with disabilities; (ii) Federal, State, and local agencies having knowledge and expertise in assist- ing individuals with disabilities, including veterans who are individuals with disabil- ities; and (iii) any group or organization, the pri- mary purpose of which is to aid individuals with disabilities or veterans who are indi- viduals with disabilities. (C) Permissible activities In carrying out the Telecommuting Pilot Program, the Administrator may— (i) produce educational materials and conduct presentations designed to raise awareness in the small business commu- nity of the benefits and the ease of tele- commuting; (ii) conduct outreach— (I) to small business concerns that are considering offering telecommuting op- tions; and (II) as provided in subparagraph (B); and (iii) acquire telecommuting technologies and equipment to be used for demonstra- tion purposes. (D) Selection of regions In determining which regions will partici- pate in the Telecommuting Pilot Program, the Administrator shall give priority consid- eration to regions in which Federal agencies and private-sector employers have dem- onstrated a strong regional commitment to telecommuting. (2) Report to Congress Not later than 2 years after the date on which funds are first appropriated to carry out this subsection, the Administrator shall trans- mit to the Committee on Small Business and Entrepreneurship of the Senate and the Com- mittee on Small Business of the House of Rep- resentatives a report containing the results of an evaluation of the Telecommuting Pilot Program and any recommendations regarding whether the pilot program, with or without modification, should be extended to include the participation of all regions of the Adminis- tration. (3) Termination The Telecommuting Pilot Program shall ter- minate 4 years after the date on which funds are first appropriated to carry out this sub- section. (4) Authorization of appropriations There is authorized to be appropriated to the Administration $5,000,000 to carry out this sub- section. (Pub. L. 110–140, title XII, § 1203, Dec. 19, 2007, 121 Stat. 1766.) Editorial Notes CODIFICATION Section is comprised of section 1203 of Pub. L. 110–140. Subsec. (e) of section 1203 of Pub. L. 110–140 amended section 638 of this title. Section was enacted as part of the Energy Independ- ence and Security Act of 2007, and not as part of the Small Business Act which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 657i. Coordination of disaster assistance pro- grams with FEMA (a) Coordination required The Administrator shall ensure that the dis- aster assistance programs of the Administration are coordinated, to the maximum extent prac- ticable, with the disaster assistance programs of the Federal Emergency Management Agency. (b) Regulations required The Administrator, in consultation with the Administrator of the Federal Emergency Man- agement Agency, shall establish regulations to ensure that each application for disaster assist- ance is submitted as quickly as practicable to the Administration or directed to the appro- priate agency under the circumstances. (c) Completion; revision The initial regulations shall be completed not later than 270 days after the date of the enact- ment of the Small Business Disaster Response and Loan Improvements Act of 2008. Thereafter, the regulations shall be revised on an annual basis. (d) Report The Administrator shall include a report on the regulations whenever the Administration submits the report required by section 657o of this title. (Pub. L. 85–536, § 2[37], as added Pub. L. 110–234, title XII, § 12062(2), May 22, 2008, 122 Stat. 1407, and Pub. L. 110–246, § 4(a), title XII, § 12062(2), June 18, 2008, 122 Stat. 1664, 2169.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Small Business Dis- aster Response and Loan Improvements Act of 2008, re- ferred to in subsec. (c), is the date of enactment of sub- title B (§§ 12051–12091) of title XII of Pub. L. 110–246, which was approved June 18, 2008. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 2[37] of Pub. L. 85–536 was renumbered section 2[49] and is set out as a note under section 631 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.