42 U.S.C. § 18793 — Energy auditor training grant program

Page 9236 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18793 (B) Eligible entity An entity eligible for a grant or technical assistance under subparagraph (A) is— (i) a business that— (I) is an eligible recipient described in paragraph (2)(A)(iv); and (II) has fewer than 500 employees; or (ii) a low-income individual (as defined in section 3102 of title 29) that owns a resi- dential building. (4) Final assessment A State that provides a capitalization grant under paragraph (2)(C) to an eligible recipient described in clause (ii) of that paragraph may, not later than 1 year after the date on which the upgrades or retrofits funded by the grant under that paragraph are completed, provide to the eligible recipient a loan or, in accord- ance with paragraph (3), a grant to conduct a final energy audit that assesses the total en- ergy savings from the upgrades or retrofits. (5) Administrative expenses A State that receives a capitalization grant under the program may use not more than 10 percent of the grant funds for administrative expenses. (f) 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 program. (g) Leveraging private capital A State receiving a capitalization grant under the program shall, to the maximum extent prac- ticable, use the grant to leverage private cap- ital. (h) Outreach The Secretary shall engage in outreach to in- form States of the availability of capitalization grants under the program. (i) Report Each State that receives a capitalization grant under the program shall, not later than 2 years after a grant is received, submit to the Secretary a report that describes— (1) the number of recipients to which the State has distributed— (A) loans for— (i) commercial energy audits under sub- section (e)(2)(A); (ii) residential energy audits under sub- section (e)(2)(B); (iii) energy upgrades and retrofits under subsection (e)(2)(C); and (B) grants under subsection (e)(3); and (2) the average capital cost of upgrades and retrofits across all commercial energy audits and residential energy audits that were con- ducted in the State using loans provided by the State under subsection (e). (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $250,000,000 for fiscal year 2022, to remain available until ex- pended. (Pub. L. 117–58, div. D, title V, § 40502, Nov. 15, 2021, 135 Stat. 1051.) Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. § 18793. Energy auditor training grant program (a) Definitions In this section: (1) Covered certification The term ‘‘covered certification’’ means any of the following certifications: (A) The American Society of Heating, Re- frigerating and Air-Conditioning Engineers Building Energy Assessment Professional certification. (B) The Association of Energy Engineers Certified Energy Auditor certification. (C) The Building Performance Institute Home Energy Professional Energy Auditor certification. (D) The Residential Energy Services Net- work Home Energy Rater certification. (E) Any other third-party certification recognized by the Department. (F) Any third-party certification that the Secretary determines is equivalent to the certifications described in subparagraphs (A) through (E). (2) Eligible State The term ‘‘eligible State’’ means a State that— (A) has a demonstrated need for assistance for training energy auditors; and (B) meets any additional criteria deter- mined necessary by the Secretary. (b) Establishment Under the State Energy Program, the Sec- retary shall establish a competitive grant pro- gram under which the Secretary shall award grants to eligible States to train individuals to conduct energy audits or surveys of commercial and residential buildings. (c) Applications (1) In general A State seeking a grant under subsection (b) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may re- quire, including the energy auditor training program plan described in paragraph (2). (2) Energy auditor training program plan An energy auditor training program plan submitted with an application under para- graph (1) shall include— (A)(i) a proposed training curriculum for energy audit trainees; and (ii) an identification of the covered certifi- cation that those trainees will receive on completion of that training curriculum; Page 9237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18795 (B) the expected per-individual cost of training; (C) a plan for connecting trainees with em- ployment opportunities; and (D) any additional information required by the Secretary. (d) Amount of grant The amount of a grant awarded to an eligible State under subsection (b)— (1) shall be determined by the Secretary, taking into account the population of the eli- gible State; and (2) shall not exceed $2,000,000 for any eligible State. (e) Use of funds (1) In general An eligible State that receives a grant under subsection (b) shall use the grant funds— (A) to cover any cost associated with indi- viduals being trained or certified to conduct energy audits by— (i) the State; or (ii) a State-certified third party training program; and (B) subject to paragraph (2), to pay the wages of a trainee during the period in which the trainee receives training and certifi- cation. (2) Limitation Not more than 10 percent of grant funds pro- vided under subsection (b) to an eligible State may be used for the purpose described in para- graph (1)(B). (f) Consultation In carrying out this section, the Secretary shall consult with the Secretary of Labor. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $40,000,000 for the period of fiscal years 2022 through 2026. (Pub. L. 117–58, div. D, title V, § 40503, Nov. 15, 2021, 135 Stat. 1056.) Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. PART A–1—RESIDENTIAL EFFICIENCY AND ELECTRIFICATION REBATES § 18795. Home energy performance-based, whole- house rebates (a) Appropriation (1) In general In addition to amounts otherwise available, there is appropriated to the Secretary for fis- cal year 2022, out of any money in the Treas- ury not otherwise appropriated, $4,300,000,000, to remain available through September 30, 2031, to carry out a program to award grants to State energy offices to develop and imple- ment a HOMES rebate program. (2) Allocation of funds (A) In general The Secretary shall reserve funds made available under paragraph (1) for each State energy office— (i) in accordance with the allocation for- mula for the State Energy Program in ef- fect on January 1, 2022; and (ii) to be distributed to a State energy office if the application of the State en- ergy office under subsection (b) is ap- proved. (B) Additional funds Not earlier than 2 years after August 16, 2022, any money reserved under subpara- graph (A) but not distributed under clause (ii) of that subparagraph shall be redistrib- uted to the State energy offices operating a HOMES rebate program using a grant re- ceived under this section in proportion to the amount distributed to those State en- ergy offices under subparagraph (A)(ii). (3) Administrative expenses Of the funds made available under paragraph (1), the Secretary shall use not more than 3 percent for— (A) administrative purposes; and (B) providing technical assistance relating to activities carried out under this section. (b) Application A State energy office seeking a grant under this section shall submit to the Secretary an ap- plication that includes a plan to implement a HOMES rebate program, including a plan— (1) to use procedures, as approved by the Secretary, for determining the reductions in home energy use resulting from the implemen- tation of a home energy efficiency retrofit that are calibrated to historical energy usage for a home consistent with BPI 2400, for pur- poses of modeled performance home rebates; (2) to use open-source advanced measure- ment and verification software, as approved by the Secretary, for determining and docu- menting the monthly and hourly (if available) weather-normalized energy use of a home be- fore and after the implementation of a home energy efficiency retrofit, for purposes of measured performance home rebates; (3) to value savings based on time, location, or greenhouse gas emissions; (4) for quality monitoring to ensure that each home energy efficiency retrofit for which a rebate is provided is documented in a certifi- cate that— (A) is provided by the contractor and cer- tified by a third party to the homeowner; and (B) details the work performed, the equip- ment and materials installed, and the pro- jected energy savings or energy generation to support accurate valuation of the retrofit; (5) to provide a contractor performing a home energy efficiency retrofit or an aggregator who has the right to claim a rebate $200 for each home located in a disadvantaged