1. End Game for the 111th
Congress: Prospects for Post-
Election Session and Beyond
Policy and Programs Committee
October 4, 2010
Brad Penney
Director of Government Relations

2. Demise of climate legislation and
slim prospects for energy bills
 Alliance advocacy for energy bill priorities
in July and early August;
 Introduction in July of the “oil spill” bill by
Senator Reid --- (S.3663) Clean Energy Jobs
and Oil Company Accountability Act of
2010
 Reid announcement in early July that comprehensive energy &
climate legislation would not be considered this year;
 Partisan gridlock & pending mid-term elections; WH did not
press the issue;
 Earlier shift in Alliance messaging to stress urgency of passing
an energy bill this year with RES/EERS; codes; appliance
standards and other key provisions;

3.  At least three weeks for “lame duck” – possibly longer;
 Implementation of National Consensus Agreements (appliances)
 Bi-partisan RES bill (S. 3813), requiring utilities to generate 15% of
their electricity from renewable sources by 2021 (up to ¼ of the
requirement can be met by EE);
 27 co-sponsors, but questionable whether 60
votes are there;
 Bill is identical to the ACELA RES
 Reid wants no amendments;
 Graham alternative bill has nuclear and clean coal provisions;
 Crowded agenda for lame duck session – floor time is a problem.
Outlook for Post-Election
session: RES bill + standards

4. Other Lame Duck Candidates
for Floor Action
 Bingaman & Snowe energy
efficiency tax bill (S. 3935)
 Bingaman wants new DOE
loan guarantee program;
 Extension of clean energy
manufacturing tax credit
 Rockefeller bill (S. 3072)
delays EPA regulation of
stationary sources for
two years (not vehicles)
 Reid bill on natural gas
vehicles and electric
vehicles (S.3815);
 Tax bill/extenders;

5. House
 $5 billion grant
program passed in May
 MTR stripped out
loan program
 $5 billion loan program
passed House with
Rural Star Bill in
September
 Two House-passed bills
present two options
for the Senate.
Home Star Current Status
Senate
 $5 billion grant
program
included in Reid’s
Oil Spill Bill
 Not passed
 Bingaman RES
doesn’t include
Home Star
 Lame Duck?

6. Roadblock for PACE Funding
• Fannie and Freddie issued a statement on May
5th reminding lenders that PACE programs place
a superior lien in the property, a practice they
do not allow.
• Federal Housing Finance Agency supported the
position in a July 6th statement.
• On August 31st, Fannie Mae and Freddie Mac
issued additional lender requirements:
• PACE loans issued prior to July 6th would
need to be paid off prior to refinancing.
• The lenders would not accept PACE senior
liens issued after July 6th.
What happened with Fannie and Freddie?

7. PACE Current Status
What are the effects?
• Limited credit in areas where PACE financing has occurred.
• Existing PACE participants and PACE programs that do not place
superior liens on property are exempt.
• Municipalities suspending existing programs and recommitting
Recovery Act funding to other activities.
Pending Legislation:
• Legislation in House (H.R. 5766) and Senate (S. 3642) would override
objections of Fannie, Freddie and FHFA.
• Litigation filed by California Attorney General, Babylon, New York, the
Sierra Club and others would oppose the authority of the agencies in
municipal tax assessments.
• Efforts are ongoing. Proposed a pilot program for 300,000 homes for PACE
projects. This exceeds the number of homes currently participating.

8. EE Coalition
 Weekly conference calls with 25-30 advocates;
 Regular letters to the Senate on issues ranging from tax
priorities to Home Star to efficiency priorities, followed up by
Hill meetings;
 Close coordination with Home Star, Building Star coalitions
and other groups to harmonize “messaging”;
 EERS Coalition joined Alliance EE Coalition for balance of this
year.

9. Continuing Resolution &
Omnibus Funding bill
CR funds agencies at FY 2010 levels through December
3rd;
DOE/EERE (FY 2010 appropriated levels)
- Building Technologies: $ 222 million
(equipment standards, codes, R&D, CBI, Energy Star)
- Industrial Technologies: $96 million
- FEMP: $32 million
- EE total within the EERE budget: $921 million
 EPA
- Energy Star: $53 million

10. American Recovery and
Reinvestment Act
 $26B for core efficiency programs
 Money obligated, but not fully spent in five key programs:
 State Energy Program
 Appropriated: $3.1 billion
 Spent: $0.5 billion (16%)
 Energy Efficiency and
Conservation Block Grants
 Appropriated: $3.2 billion
 Spent: $.4 billion (12%)
 Weatherization Assistance
Program
 Appropriated: $5.0 billion
 Spent: $1.5 billion (31%)
 Appliance Rebates
 Appropriated: $300 million
 Spent: $187 million (63%)
 Smart Grid Grants and
Demonstration
 Appropriated: $4.2 billion
 Spent: $.3 billion (8%)
*This data is through Sept. 17th 2010

11. ARRA EE spending to date
 Of these programs, only about $3 billion has been spent
as of September 17:
- Low estimate: only funds associated with completed projects
can be counted as “spent.” Also does not account for private
investment in stimulus funded projects.
- DOE has overcome major federal hurdles
(NEPA, Davis-Bacon, etc.)

12. Thank You!
Brad Penney
bpenney@ase.org
202-530-4348