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42 U.S.C. § 18795aHigh-efficiency electric home rebate program

submitted 4 years ago by Pub. L. 117-169 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,755 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress gave the Secretary $4.5 billion to fund state and tribal rebate programs that pay for electric home upgrades like heat pumps and induction stoves. Rebate size depends on the appliance and the household's income, with a $14,000 cap per household. These rebates can't be combined with other federal rebates for the same project.

(a) Appropriations. (1) Congress gave the Secretary money for fiscal year 2022, available through September 30, 2031: (A) $4,275,000,000 for grants to state energy offices, and (B) $225,000,000 for grants to Indian Tribes, both to run high-efficiency electric home rebate programs. (2) The Secretary reserves state funds using the same formula as the State Energy Program (as of January 1, 2022), releasing money once an application is approved; tribal funds are reserved however the Secretary decides is appropriate. Starting 2 years after August 16, 2022, unclaimed reserved money is redistributed to states or tribes already running the program, in proportion to what they got. (3) Up to 3 percent of the total may go to administration and technical assistance. (b) Application. A state or tribe applying must submit a plan that: (1) verifies applicants' income eligibility; (2) allows rebates to be applied at the point of sale, while still verifying income there; (3) prevents an applicant from getting a rebate for the same project from both this program and another federal program; and (4) includes anything else the Secretary requires. (c) High-efficiency electric home rebate program. (1) The Secretary awards grants to states and tribes to run rebate programs for "qualified electrification projects." (2) The Secretary sets guidelines, including for point-of-sale rebates that check income eligibility. (3) Rebate amounts: (A) Appliances: up to $1,750 for a heat pump water heater; up to $8,000 for a heat pump for heating or cooling; up to $840 for an electric stove, cooktop, range, oven, or heat pump clothes dryer. (B) Non-appliance upgrades: up to $4,000 for an electric panel upgrade; up to $1,600 for insulation, air sealing, and ventilation; up to $2,500 for electric wiring. (C) No household or entity can get more than $14,000 total in rebates. (4) Rebates can't exceed: for a household applying directly, 50 percent of project cost if income is 80–150 percent of area median income, or 100 percent if income is below 80 percent. The same 50/100 percent split applies to multifamily building owners (based on what share of residents fall in each income band) and to contractors or entities doing the work on someone's behalf (based on that household's income). (5) If an entity described in (d)(1)(C) both gets the rebate and does the installation, the state or tribe must also pay them up to $500, scaled to the size of the job — and this extra payment isn't subject to the discount rule in paragraph (6). (6) An entity in (d)(1)(C) must subtract the rebate it received from whatever it charges the household or building owner it's working for. (7) These activities are exempt from certain spending limits in 10 C.F.R. § 420.18. (8) A rebate here can't be combined with another federal grant or rebate — including a HOMES rebate under section 18795 — for the same project. (9) States and tribes may use up to 20 percent of their grant for planning, administration, or technical assistance. (d) Definitions. (1) "Eligible entity" means: (A) a low- or moderate-income household; (B) an owner of a multifamily building where at least half the residents are low- or moderate-income; or (C) a government, business, or nonprofit doing the project on behalf of (A) or (B). (2) "High-efficiency electric home rebate program" means a program a state or tribe runs under subsection (c) with grant money from this section. (3) "Indian Tribe" has the meaning given in section 5304 of title 25. (4) "Low- or moderate-income household" means a household earning less than 150 percent of the area median income (as reported by HUD), including anyone already qualifying for another federal program at that income level. (5) "Program" means the program the Secretary runs under subsection (a)(1). (6) "Qualified electrification project": (A) means a project that buys and installs one or more of: an electric heat pump water heater, an electric heat pump for heating/cooling, an electric stove/cooktop/range/oven, an electric heat pump clothes dryer, an electric panel, insulation, air sealing/ventilation materials, or electric wiring — where the appliance is either new construction, replacing a non-electric appliance, or a first-time purchase, and the project involves a single-family home or multifamily building. (B) It excludes any project where the item isn't Energy Star certified, if Energy Star certification applies to that item.
the actual law source: uscode.house.gov ↗public domain
(a) Appropriations
(1) Funds to State energy offices and Indian Tribes

In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to carry out a program—

(A)

to award grants to State energy offices to develop and implement a high-efficiency electric home rebate program in accordance with subsection (c), $4,275,000,000, to remain available through September 30, 2031; and

(B)

to award grants to Indian Tribes to develop and implement a high-efficiency electric home rebate program in accordance with subsection (c), $225,000,000, to remain available through September 30, 2031.

(2) Allocation of funds
(A) State energy offices

The Secretary shall reserve funds made available under paragraph (1)(A) for each State energy office—

(i)

in accordance with the allocation formula for the State Energy Program in effect on January 1, 2022; and

(ii)

to be distributed to a State energy office if the application of the State energy office under subsection (b) is approved.

(B) Indian Tribes

The Secretary shall reserve funds made available under paragraph (1)(B)—

(i)

in a manner determined appropriate by the Secretary; and

(ii)

to be distributed to an Indian Tribe if the application of the Indian Tribe under subsection (b) is approved.

(C) Additional funds

Not earlier than 2 years after August 16, 2022, any money reserved under—

(i)

subparagraph (A) but not distributed under clause (ii) of that subparagraph shall be redistributed to the State energy offices operating a high-efficiency electric home rebate program in proportion to the amount distributed to those State energy offices under that clause; and

(ii)

subparagraph (B) but not distributed under clause (ii) of that subparagraph shall be redistributed to the Indian Tribes operating a high-efficiency electric home rebate program in proportion to the amount distributed to those Indian Tribes under that clause.

(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 or Indian Tribe seeking a grant under the program shall submit to the Secretary an application that includes a plan to implement a high-efficiency electric home rebate program, including—

(1)

a plan to verify the income eligibility of eligible entities seeking a rebate for a qualified electrification project;

(2)

a plan to allow rebates for qualified electrification projects at the point of sale in a manner that ensures that the income eligibility of an eligible entity seeking a rebate may be verified at the point of sale;

(3)

a plan to ensure that an eligible entity does not receive a rebate for the same qualified electrification project through both a high-efficiency electric home rebate program and any other Federal grant or rebate program, pursuant to subsection (c)(8); and

(4)

any additional information that the Secretary may require.

(c) High-efficiency electric home rebate program
(1) In general

Under the program, the Secretary shall award grants to State energy offices and Indian Tribes to establish a high-efficiency electric home rebate program under which rebates shall be provided to eligible entities for qualified electrification projects.

(2) Guidelines

The Secretary shall prescribe guidelines for high-efficiency electric home rebate programs, including guidelines for providing point of sale rebates in a manner consistent with the income eligibility requirements under this section.

(3) Amount of rebate
(A) Appliance upgrades

The amount of a rebate provided under a high-efficiency electric home rebate program for the purchase of an appliance under a qualified electrification project shall be—

(i)

not more than $1,750 for a heat pump water heater;

(ii)

not more than $8,000 for a heat pump for space heating or cooling; and

(iii)

not more than $840 for—

(I)

an electric stove, cooktop, range, or oven; or

(II)

an electric heat pump clothes dryer.

(B) Nonappliance upgrades

The amount of a rebate provided under a high-efficiency electric home rebate program for the purchase of a nonappliance upgrade under a qualified electrification project shall be—

(i)

not more than $4,000 for an electric load service center upgrade;

(ii)

not more than $1,600 for insulation, air sealing, and ventilation; and

(iii)

not more than $2,500 for electric wiring.

(C) Maximum rebate

An eligible entity receiving multiple rebates under this section may receive not more than a total of $14,000 in rebates.

(4) Limitations

A rebate provided using funding under this section shall not exceed—

(A)

in the case of an eligible entity described in subsection (d)(1)(A)—

(i)

50 percent of the cost of the qualified electrification project for a household the annual income of which is not less than 80 percent and not greater than 150 percent of the area median income; and

(ii)

100 percent of the cost of the qualified electrification project for a household the annual income of which is less than 80 percent of the area median income;

(B)

in the case of an eligible entity described in subsection (d)(1)(B)—

(i)

50 percent of the cost of the qualified electrification project for a multifamily building not less than 50 percent of the residents of which are households the annual income of which is not less than 80 percent and not greater than 150 percent of the area median income; and

(ii)

100 percent of the cost of the qualified electrification project for a multifamily building not less than 50 percent of the residents of which are households the annual income of which is less than 80 percent of the area median income; or

(C)

in the case of an eligible entity described in subsection (d)(1)(C)—

(i)

50 percent of the cost of the qualified electrification project for a household—

(I)

on behalf of which the eligible entity is working; and

(II)

the annual income of which is not less than 80 percent and not greater than 150 percent of the area median income; and

(ii)

100 percent of the cost of the qualified electrification project for a household—

(I)

on behalf of which the eligible entity is working; and

(II)

the annual income of which is less than 80 percent of the area median income.

(5) Amount for installation of upgrades
(A) In general

In the case of an eligible entity described in subsection (d)(1)(C) that receives a rebate under the program and performs the installation of the applicable qualified electrification project, a State energy office or Indian Tribe shall provide to that eligible entity, in addition to the rebate, an amount that—

(i)

does not exceed $500; and

(ii)

is commensurate with the scale of the upgrades installed as part of the qualified electrification project, as determined by the Secretary.

(B) Treatment

An amount received under subparagraph (A) by an eligible entity described in that subparagraph shall not be subject to the requirement under paragraph (6).

(6) Requirement

An eligible entity described in subparagraph (C) of subsection (d)(1) shall discount the amount of a rebate received for a qualified electrification project from any amount charged by that eligible entity to the eligible entity described in subparagraph (A) or (B) of that subsection on behalf of which the qualified electrification project is carried out.

(7) Exemption

Activities carried out by a State energy office using a grant provided under the program shall not be subject to the expenditure prohibitions and limitations described in section 420.18 of title 10, Code of Federal Regulations.

(8) Prohibition on combining rebates

A rebate provided by a State energy office or Indian Tribe under a high-efficiency electric home rebate program may not be combined with any other Federal grant or rebate, including a rebate provided under a HOMES rebate program (as defined in section 18795(d) of this title), for the same qualified electrification project.

(9) Administrative costs

A State energy office or Indian Tribe that receives a grant under the program shall use not more than 20 percent of the grant amount for planning, administration, or technical assistance relating to a high-efficiency electric home rebate program.

(d) Definitions

In this section:

(1) Eligible entity

The term “eligible entity” means—

(A)

a low- or moderate-income household;

(B)

an individual or entity that owns a multifamily building not less than 50 percent of the residents of which are low- or moderate-income households; and

(C)

a governmental, commercial, or nonprofit entity, as determined by the Secretary, carrying out a qualified electrification project on behalf of an entity described in subparagraph (A) or (B).

(2) High-efficiency electric home rebate program

The term “high-efficiency electric home rebate program” means a rebate program carried out by a State energy office or Indian Tribe pursuant to subsection (c) using a grant received under the program.

(3) Indian Tribe

The term “Indian Tribe” has the meaning given the term in section 5304 of title 25.

(4) Low- or moderate-income household

The term “low- or moderate-income household” means an individual or family the total annual income of which is less than 150 percent of the median income of the area in which the individual or family resides, as reported by the Department of Housing and Urban Development, including an individual or family that has demonstrated eligibility for another Federal program with income restrictions equal to or below 150 percent of area median income.

(5) Program

The term “program” means the program carried out by the Secretary under subsection (a)(1).

(6) Qualified electrification project
(A) In general

The term “qualified electrification project” means a project that—

(i)

includes the purchase and installation of—

(I)

an electric heat pump water heater;

(II)

an electric heat pump for space heating and cooling;

(III)

an electric stove, cooktop, range, or oven;

(IV)

an electric heat pump clothes dryer;

(V)

an electric load service center;

(VI)

insulation;

(VII)

air sealing and materials to improve ventilation; or

(VIII)

electric wiring;

(ii)

with respect to any appliance described in clause (i), the purchase of which is carried out—

(I)

as part of new construction;

(II)

to replace a nonelectric appliance; or

(III)

as a first-time purchase with respect to that appliance; and

(iii)

is carried out at, or relating to, a single-family home or multifamily building, as applicable and defined by the Secretary.

(B) Exclusions

The term “qualified electrification project” does not include any project with respect to which the appliance, system, equipment, infrastructure, component, or other item described in subclauses (I) through (VIII) of subparagraph (A)(i) is not certified under the Energy Star program established by section 6294a of this title, if applicable.

Source credit: (Pub. L. 117–169, title V, § 50122, Aug. 16, 2022, 136 Stat. 2036.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-169 · 136 Stat. 2036

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-169 on 2022-08-16.

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