42 U.S.C. § 5511a — Solar Assistance Financing Entity

Page 6579 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5511a 1 See References in Text note below. (3) is eligible for purchase by the Federal Na- tional Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation, or from any financial institution from which it could be purchased by the Federal Home Loan Mort- gage Corporation; or (4) is made in whole or in part by any ‘‘cred- itor,’’ as defined in section 1602(f) 1 of title 15, who makes or invests in residential real estate loans aggregating more than $1,000,000 per year. (c) ‘‘Federally constructed housing’’ defined As used in subsection (a), the term ‘‘federally constructed housing’’ means (1) residential or multifamily housing which is constructed by agencies of the Federal Government to provide dwelling accommodations for particular types or classes of persons under programs administered by such Federal agencies (including all housing constructed by the Department of Defense to provide dwelling accommodations for personnel of the armed services or for such personnel and their families), and (2) residential or multi- family housing which is constructed by agencies of State or local government, with financial as- sistance in any form from the Federal Govern- ment, to provide dwelling accommodations for particular types or classes of persons under pro- grams administered by such State or local agen- cies. (Pub. L. 93–409, § 13, Sept. 3, 1974, 88 Stat. 1076.) Editorial Notes REFERENCES IN TEXT Section 1602(f) of title 15, referred to in subsec. (b)(4), was redesignated section 1602(g) of title 15 by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107. § 5511a. Solar Assistance Financing Entity (a) Establishment The Secretary of Housing and Urban Develop- ment shall establish within the Department of Housing and Urban Development the Solar As- sistance Financing Entity (in this section re- ferred to as the ‘‘Entity’’). (b) Purpose The purpose of the Entity shall be to assist in financing solar and renewable energy capital in- vestments and projects for eligible buildings under subsection (c). (c) Eligible buildings The Entity may provide assistance under this section only for the following buildings: (1) Single family housing Any building consisting of 1 to 4 dwelling units that has a system for heating or cooling, or both. (2) Multifamily housing Any building consisting of more than 4 dwelling units that has a system for heating or cooling, or both. (3) Commercial buildings Any building used primarily to carry on a business (including any nonprofit business) that is not used primarily for the manufacture or production of raw materials, products, or agricultural commodities. (4) Schools, hospitals, and agricultural build- ings Any school, any hospital, and any building used exclusively in connection with the har- vesting, storage, or drying of agricultural commodities. (5) Other buildings Any other building of a type that the Entity considers appropriate. (d) Financing options Assistance provided under this section by the Entity may be provided only for programs for fi- nancing solar and renewable energy capital in- vestments and projects, which may include pro- grams for making loans, making grants, reduc- ing the principal obligations of loans, prepay- ment of interest on loans, purchase and sale of loans and advances of credit, providing loan guarantees, providing loan downpayment assist- ance, and providing rebates and other incentives for the purchase and installation of solar and re- newable energy measures. (e) Authority to leverage other funds The Entity may encourage or require pro- grams receiving assistance under this section to supplement the assistance received under this section with amounts from other public and pri- vate sources, and, in making assistance under this section available, may give preference to programs that leverage amounts from such other sources. (f) Provision of assistance The Entity shall provide assistance under this section through State agencies responsible for developing State energy conservation plans pur- suant to section 6322 of this title, or any other entity or agency authorized to specifically carry out the purposes of this section. (g) Regulations Not later than the expiration of the 12-month period beginning on October 28, 1992, the Sec- retary of Housing and Urban Development, in consultation with the Secretary of Energy, shall issue any regulations necessary to carry out this section, which shall ensure maximum flexibility in utilizing amounts made available under this section. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 1993 and $10,420,000 for fiscal year 1994. Such sums are to be available until expended. (Pub. L. 102–550, title IX, § 912, Oct. 28, 1992, 106 Stat. 3875.) Editorial Notes CODIFICATION Section was enacted as part of the Housing and Com- munity Development Act of 1992, and not as part of the Solar Heating and Cooling Demonstration Act of 1974 which comprises this subchapter. Section is comprised of section 912 of Pub. L. 102–550. Subsec. (i) of section 912 of Pub. L. 102–550 repealed sec- Page 6580 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5512 tions 1723g and 1723h and chapter 37 (§ 3601 et seq.) of Title 12, Banks and Banking. § 5512. Small business concerns’ opportunities to participate in programs In carrying out their functions under this sub- chapter, all Federal officers and agencies shall take steps to assure that small business con- cerns will have realistic and adequate opportu- nities to participate in the programs under this subchapter to the maximum extent possible. (Pub. L. 93–409, § 14, Sept. 3, 1974, 88 Stat. 1077.) § 5513. Priorities and criteria of demonstration programs The Secretary shall set priorities as far as pos- sible consistent with the intent and operation of this subchapter in accordance with the following criteria: (a) The residential dwellings and other build- ings which will be part of the demonstration programs referred to in sections 5503, 5504, and 5507 of this title shall be located in a sufficient number of different geographic areas in the United States to assure a realistic and effective demonstration of the solar heating systems and combined solar heating and cooling systems in- volved, and of the dwellings and other buildings themselves, in both rural and urban locations and under climatic conditions which vary as much as possible. (b) Consideration shall be given to projected costs of commercial production and mainte- nance of the solar heating systems and com- bined solar heating and cooling systems utilized in the demonstration programs. (c) Encouragement should be given in the con- duct of programs under this subchapter to those projects in which funds, appropriated by any State or political subdivision thereof for the purpose of sharing costs with the Federal Gov- ernment for the purchase and installation of solar heating or combined solar heating and cooling components and systems, are committed before or after September 3, 1974. (Pub. L. 93–409, § 15, Sept. 3, 1974, 88 Stat. 1077.) § 5514. Regulations The Administrator and the Secretary in con- sultation with the Director of the National In- stitute of Standards and Technology, the Sec- retary of Energy, the Administrator of the Gen- eral Services Administration, the Secretary of Defense, and other appropriate officers and agencies, shall prescribe such regulations as may be necessary or appropriate to carry out this subchapter promptly and efficiently. Each such officer or agency, in consultation with the Administrator and the Secretary, may prescribe such regulations as may be necessary or appro- priate to carry out his or its particular func- tions under this subchapter promptly and effi- ciently. (Pub. L. 93–409, § 16, Sept. 3, 1974, 88 Stat. 1078; Pub. L. 93–438, title I, § 104(f), title III, § 301(h), Oct. 11, 1974, 88 Stat. 1238, 1250; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–418 substituted ‘‘National Institute of Standards and Technology’’ for ‘‘National Bureau of Standards’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Energy’’ substituted in text for ‘‘Direc- tor’’, meaning Director of the National Science Foun- dation, pursuant to sections 104(f) and 301(h) of Pub. L. 93–438, which are classified to sections 5814(f) and 5871(h) of this title and which transferred functions of National Science Foundation relating to or utilized in connection with solar heating and cooling development to Administrator of Energy Research and Development Administration, and pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sections 7151(a), 7293, and 7297 of this title and which terminated Energy Research and Development Administration and transferred its functions and functions of Adminis- trator thereof (with certain exceptions) to Secretary of Energy. § 5515. Use of publicly assisted housing by Sec- retary in demonstrations The Secretary shall make appropriate use of publicly assisted housing and particularly low- rent housing assisted under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] in demonstrating solar heating systems and com- bined solar heating and cooling systems under this subchapter. (Pub. L. 93–409, § 17, Sept. 3, 1974, 88 Stat. 1078.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. § 5516. Transfer of functions Within sixty days after the effective date of the law creating the Energy Research and De- velopment Administration or any other law cre- ating a permanent Federal organization or agen- cy having jurisdiction over the energy research and development functions of the United States (or within sixty days after September 3, 1974, if the effective date of such law occurs prior to the enactment of this subchapter), the energy re- search and development functions vested in the National Aeronautics and Space Administration and the National Science Foundation under this subchapter and any funds which may have been appropriated pursuant to section 5517 of this title, to the extent necessary or appropriate, may, in accordance with regulations prescribed by the Office of Management and Budget, be transferred to and vested in the Energy Re- search and Development Administration or such other organization or agency. (Pub. L. 93–409, § 18, Sept. 3, 1974, 88 Stat. 1078.)