S 963

112th CONGRESS
1st Session

S. 963

To reduce energy costs, improve energy efficiency, and expand the use of renewable energy by Federal agencies, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 12, 2011

Mr. CARPER introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

To reduce energy costs, improve energy efficiency, and expand the use of renewable energy by Federal agencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the `Reducing Federal Energy Dollars Act of 2011'.

    (b) Table of Contents- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Definitions.

      Sec. 3. Transparency and accountability of energy use by Federal facilities.

      Sec. 4. Modernizing Federal building energy efficiency performance standards.

      Sec. 5. Surveying renewable energy potential of Federal facilities.

      Sec. 6. Smart metering of Federal facilities.

      Sec. 7. Improving computer energy management at Federal agencies.

      Sec. 8. Broadening definition of renewable energy to include thermal.

      Sec. 9. Expanding use of energy savings performance contracts.

      Sec. 10. Modernizing outdated, inefficient Federal building designs.

      Sec. 11. Ongoing commissioning of Federal facilities.

      Sec. 12. Audit and report on Federal energy management.

SEC. 2. DEFINITIONS.

    In this Act:

      (1) EXECUTIVE AGENCY- The term `Executive agency' has the meaning given the term in section 105 of title 5, United States Code.

      (2) SECRETARY- The term `Secretary' means the Secretary of Energy.

SEC. 3. TRANSPARENCY AND ACCOUNTABILITY OF ENERGY USE BY FEDERAL FACILITIES.

    Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended--

      (1) by redesignating the second subsection (f) (as added by section 434(a) of the Energy Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 1614)) as subsection (g); and

      (2) in subsection (f), by adding at the end the following:

      `(12) REPORTING ON COMMISSIONING AND ENERGY AND WATER SAVINGS MEASURES-

        `(A) IN GENERAL- Each energy manager shall submit the evaluations, commissioning reports, plans, measurements, and verifications obtained under paragraphs (3) and (5) to the web-based system established under paragraph (7) or to another publicly available web-based system established by the Secretary.

        `(B) STANDARDIZING REPORTING FORMATS- Not later than 1 year after the date of enactment of this paragraph, the Secretary, in consultation with the Administrator of General Services, representatives of relevant professional societies and industry associations, and other relevant individuals, shall recognize or develop a standardized format for obtaining and reporting the information described in subparagraph (A).

      `(13) ANNUAL REPORT ON FEDERAL BUILDING ENERGY AND WATER CHARACTERISTICS- Not later than 1 year after the date of enactment of this paragraph and annually thereafter, the Secretary shall make available on a publicly available website a report summarizing the energy and water use and high-performance attributes of Federal buildings, including--

        `(A) data on energy use, water use, and greenhouse gas emissions data by Department of Energy climate zone, building type, primary building use, department or agency, and building vintage;

        `(B) data on total energy usage and energy usage by heating, ventilation, and air conditioning, lighting, plug-loads, and other subsystems;

        `(C) data on the energy, water, and greenhouse gas emissions savings attributable to compliance with relevant Federal law and the baseline used for a determination of the savings;

        `(D) a description of the requirements and programs relating to energy use, water use, or greenhouse gas emissions applicable to the design and operation of Federal buildings and the outcomes of the requirements and programs, including--

          `(i) requirements and programs such as green building and energy rating systems and energy codes and standards; and

          `(ii) outcomes such as energy, water, and greenhouse gas emissions savings;

        `(E) a description of the use of design or technological features that contribute to reductions in energy and water use, including features relating to--

          `(i) building controls;

          `(ii) heating and cooling;

          `(iii) ventilation;

          `(iv) efficient lighting;

          `(v) lighting controls;

          `(vi) daylighting;

          `(vii) plumbing fixtures;

          `(viii) building envelopes;

          `(ix) orientation;

          `(x) site selection;

          `(xi) integrated design;

          `(xii) building information modeling;

          `(xiii) commissioning; and

          `(xiv) other matters determined appropriate for inclusion by the Secretary;

        `(F) a description of any lessons learned from and case studies included in the information submitted under paragraph (12); and

        `(G) a description of the characteristics of high-performance buildings and high-performance green buildings (as defined in section 401 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061)), including with respect to--

          `(i) indoor environmental quality;

          `(ii) air and water pollution;

          `(iii) waste generation;

          `(iv) impacts on transportation due to building location and site design;

          `(v) safety, security, and resiliency attributes;

          `(vi) historic preservation;

          `(vii) operation and functionality characteristics; and

          `(viii) additional information determined appropriate for inclusion by the Secretary.'.

SEC. 4. MODERNIZING FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS.

    Section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834) is amended--

      (1) by striking subsection (b) and inserting the following:

    `(b) Revised Federal Building Energy Standards-

      `(1) AFFIRMATIVE DETERMINATION THAT REVISION WILL IMPROVE ENERGY EFFICIENCY-

        `(A) IN GENERAL- If the Secretary elects not to update the Federal building energy efficiency performance standard under subsection (a)(3)(B) and an affirmative determination has been published under section 304(b)(2)(A), the appropriate Federal building energy efficiency performance standard for all projects receiving congressional approval following the affirmative determination shall be the standard or code receiving the affirmative determination and any additional criteria necessary to achieve energy consumption levels described in subsection (a)(3)(A)(i)(I).

        `(B) SAVINGS- To determine the necessary savings required under the revised Federal building energy performance standard, an Executive agency (as defined in section 105 of title 5, United States Code) (referred to in this subsection as an `Executive agency') shall use the savings identified in the affirmative determination over ASHRAE Standard 90.1-2004 or the 2004 International Conservation Code.

        `(C) CRITERIA- Absent additional criteria from the Secretary to achieve the energy consumption levels described in subsection (a)(3)(A)(i)(I), an Executive agency shall consult with ASHRAE, the International Code Council, the project design team, and others as necessary to incorporate the criteria necessary to achieve the required energy consumption levels into contracts and designs.

      `(2) NO AFFIRMATIVE DETERMINATION THAT REVISION WILL IMPROVE ENERGY EFFICIENCY-

        `(A) IN GENERAL- If the Secretary elects not to update the Federal building energy efficiency performance standard under subsection (a)(3)(B) and no affirmative determination has been published under section 304(b)(2)(A), the appropriate Federal building energy efficiency performance standard for all projects receiving congressional approval following the election by the Secretary not to update the standard shall be the standard or code that triggered a determination under subsection (a)(3)(B) and any additional criteria necessary to achieve energy consumption levels that are at least 30 percent below the revised standard.

        `(B) CRITERIA- Absent additional criteria from the Secretary to achieve energy consumption levels 30 percent lower than the revised standard, an Executive agency shall consult with ASHRAE, the International Code Council, the project design team, and others as necessary to incorporate the criteria necessary to achieve the required energy consumption levels into contracts and designs.

        `(C) COMPLIANCE- If a revised Federal building energy performance standard is established under this paragraph, the requirements of subsection (a)(3)(A)(i)(I) shall be considered to be satisfied.

      `(3) APPROVAL PRIOR TO REVISION- If a project receives congressional approval prior to a revision of the Federal building energy efficiency performance standard, an Executive agency may use the most current Federal building energy efficiency performance standard.'; and

      (2) by striking subsection (d).

SEC. 5. SURVEYING RENEWABLE ENERGY POTENTIAL OF FEDERAL FACILITIES.

    (a) In General- Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Defense and the Administrator of General Services, shall promulgate regulations that establish appropriate methods and procedures for use by Executive agencies to implement (unless inconsistent with the mission of the Executive agencies or impracticable due to environmental constraints) the identification of all potential locations at Federal facilities of the Executive agencies for renewable energy projects (including available land, building roofs, and parking structures).

    (b) Identification of Potential Locations- Not later than 2 years after the date of the promulgation of regulations under subsection (a), each Executive agency shall complete the report of the Executive agency that identifies potential locations described in subsection (a).

SEC. 6. SMART METERING OF FEDERAL FACILITIES.

    Section 543(e) of the National Energy Conservation Policy Act (42 U.S.C. 8253(e)) is amended--

      (1) in paragraph (1)--

        (A) by designating the first, second, third, and fourth sentences as subparagraphs (A), (B), (C), and (E), respectively; and

        (B) by inserting after subparagraph (C) (as so designated) the following:

        `(D) WHOLE BUILDING SMART METERS AND SMART SUBMETERS-

          `(i) IN GENERAL- Each agency shall use--

            `(I) whole building smart meters for all Federal buildings, owned or leased, with a gross square footage of 30,000 square feet or more; and

            `(II) smart submeters for subsystems that use 30 percent or more of whole building energy.

          `(ii) FREQUENCY- The advanced meters and advanced metering devices shall, to the maximum extent practicable, provide data at least daily and measure at least hourly consumption of electricity in the Federal buildings of the agency.'; and

      (2) in paragraph (3), by inserting `and updated annually thereafter,' after `paragraph (2)'.

SEC. 7. IMPROVING COMPUTER ENERGY MANAGEMENT AT FEDERAL AGENCIES.

    (a) In General- Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the Administrator of General Services, shall issue guidance for Executive agencies to employ advanced tools allowing energy savings through the use of computer hardware, energy efficiency software, and power management tools.

    (b) Reports on Plans and Savings- Not later than 180 days after the date of the issuance of the guidance under subsection (a), each Executive agency shall submit to the Secretary a report that describes--

      (1) the plan of the Executive agency for implementing the guidance within the Executive agency; and

      (2) estimated energy and financial savings from employing the tools described in subsection (a).

SEC. 8. BROADENING DEFINITION OF RENEWABLE ENERGY TO INCLUDE THERMAL.

    Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is amended--

      (1) in subsection (a), in the matter preceding paragraph (1), by striking `electric';

      (2) by redesignating subsection (d) as subsection (e); and

      (3) by inserting after subsection (c) the following:

    `(d) Separate Calculation- Renewable energy produced at a Federal facility, on Federal land, or on Indian land (as defined in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501))--

      `(1) shall be calculated separately from renewable energy used; and

      `(2) may be used individually or in combination to comply with subsection (a).'.

SEC. 9. EXPANDING USE OF ENERGY SAVINGS PERFORMANCE CONTRACTS.

    (a) Authority To Enter Into Contracts- Section 801(a)(1) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(1)) is amended in the first sentence by inserting before the period at the end the following: `, including savings and benefits involving nonbuilding applications'.

    (b) Payment of Costs- Section 802 of the National Energy Conservation Policy Act (42 U.S.C. 8287a) is amended by inserting before the period at the end the following: `or the use of fuel purchased with those funds'.

    (c) Definitions-

      (1) ENERGY SAVINGS- Section 804(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended--

        (A) in subparagraph (A), by striking `or other federally owned facilities' each place it appears and inserting `, other federally owned facilities, or other buildings or facilities at which an Executive agency pays for utilities';

        (B) in subparagraph (C)--

          (i) by inserting `(including new hydroelectric generation at Federal dams that do not have hydroelectric generation facilities)' after `cogeneration'; and

          (ii) by striking `and' after the semicolon at the end;

        (C) in subparagraph (D), by striking the period at the end and inserting `; and'; and

        (D) by adding at the end the following:

        `(E) the increased efficient use of nonbuilding applications; and

        `(F) the savings realized from reduced fuel use, including secondary savings.'.

      (2) NONBUILDING APPLICATION; SECONDARY SAVINGS- Section 804 of the National Energy Conservation Policy Act (42 U.S.C. 8287c) is amended by adding at the end the following:

      `(5) NONBUILDING APPLICATION- The term `nonbuilding application' means--

        `(A) any class of vehicles, devices, or equipment that is transportable under the power of the applicable vehicle, device, or equipment by land, sea, or air and that consumes energy from any fuel source for the purpose of--

          `(i) that transportation; or

          `(ii) maintaining a controlled environment within the vehicle, device, or equipment; and

        `(B) any federally owned equipment used to generate electricity or transport water.

      `(6) SECONDARY SAVINGS- The term `secondary savings' means additional energy or cost savings that are a direct consequence of the energy savings that result from the energy efficiency improvements that are financed and implemented pursuant to an energy savings performance contract.'.

    (d) Guidance- Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Secretary, the Secretary of Defense, and the Administrator of General Services, shall issue guidance and rules to Executive agencies to implement the amendments made by this section.

SEC. 10. MODERNIZING OUTDATED, INEFFICIENT FEDERAL BUILDING DESIGNS.

    Section 3307, of title 40, United States Code, is amended--

      (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and

      (2) by inserting after subsection (c) the following:

    `(d) Availability of Funds for Design Updates-

      `(1) IN GENERAL- Subject to paragraph (2), for any project for which congressional approval is received under subsection (a) and for which the design has been substantially completed but construction has not begun, the Administrator of General Services may use appropriated funds to update the project design to meet applicable Federal building energy efficiency standards established under section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834) and other requirements established under section 3312.

      `(2) LIMITATION- The use of funds under paragraph (1) shall not exceed 125 percent of the estimated energy or other cost savings associated with the updates as determined by a life-cycle cost analysis under section 544 of the National Energy Conservation Policy Act (42 U.S.C. 8254).'.

SEC. 11. ONGOING COMMISSIONING OF FEDERAL FACILITIES.

    (a) In General- Section 3312 of title 40, United States Code, is amended--

      (1) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; and

      (2) by inserting after subsection (b) the following:

    `(c) Ongoing Commissioning Within the Federal Building Stock-

      `(1) IN GENERAL- Not later than 1 year after the date of enactment of the Reducing Federal Energy Dollars Act of 2011, the Administrator and the Secretary of Energy shall incorporate commissioning and recommissioning standards (as those terms are defined in section 543(f) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f))), for all real property that--

        `(A) is more than $10,000,000 in value;

        `(B) has more than 50,000 square feet; or

        `(C) has energy intensity of more than $2 per square foot and an area of more than 10,000 square feet (or energy expenditures greater than $20,000 per year).

      `(2) REGULATIONS- Not later than 1 year after the date of enactment of the Reducing Federal Energy Dollars Act of 2011, the Administrator and the Secretary of Energy shall promulgate such regulations as are necessary to carry out this subsection, including prospective Federal leases that meets the requirements of subparagraph (A), (B), or (C) of paragraph (1).'.

    (b) Conforming Amendments- Section 3312 of title 40, United States Code, is amended--

      (1) in subsection (e)(1) (as redesignated by subsection (a)(1)), in the matter preceding subparagraph (A), by striking `and (c)' and inserting `and (d)';

      (2) in the first sentence of subsection (f) (as so redesignated), by striking `and (c)' and inserting `and (d)'; and

      (3) in subsection (g) (as so redesignated), by striking `subsection (b), (c), or (d) or for failure to carry out any recommendation under subsection (e)' and inserting `subsection (b), (d), or (e) or for failure to carry out any recommendation under subsection (f)'.

SEC. 12. AUDIT AND REPORT ON FEDERAL ENERGY MANAGEMENT.

    (a) Audit- Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall carry out an audit to determine--

      (1) the overall progress and efficacy of Federal energy management efforts;

      (2) progress made towards energy consumption reduction and management goals established by law or Executive order;

      (3) financial cost savings associated with Federal energy consumption and intensity reduction efforts; and

      (4) considerations for Congress to streamline Federal energy management requirements established by law or Executive order.

    (b) Report- Not later than 90 days after the date described in subsection (a), the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that contains a description of the results of the audit carried out under subsection (a).

END