[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2528 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2528

To amend the National Energy Conservation Policy Act to promote the use 
   of energy and water efficiency measures in Federal buildings, to 
promote energy savings performance contracts and utility energy service 
                   contracts, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2007

  Mr. Markey introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the National Energy Conservation Policy Act to promote the use 
   of energy and water efficiency measures in Federal buildings, to 
promote energy savings performance contracts and utility energy service 
                   contracts, 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.

    This Act may be cited as the ``Federal Building Renewal and Energy 
Savings Act of 2007''.

SEC. 2. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL 
              BUILDINGS.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended by adding at the end the following:
    ``(f) Use of Energy and Water Efficiency Measures in Federal 
Buildings.--
            ``(1) Energy and water evaluations.--Not later than 1 year 
        after the date of enactment of this subsection, and every 3 
        years thereafter, each Federal agency shall complete a 
        comprehensive energy and water evaluation for--
                    ``(A) each building and other facility of the 
                Federal agency that is larger than a minimum size 
                established by the Secretary; and
                    ``(B) any other building or other facility of the 
                Federal agency that meets any other criteria 
                established by the Secretary.
            ``(2) Implementation of identified energy and water 
        efficiency measures.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this subsection, and every 3 years 
                thereafter, each Federal agency--
                            ``(i) shall fully implement each energy and 
                        water-saving measure that the Federal agency 
                        identified in the evaluation conducted under 
                        paragraph (1) that has a 15-year simple payback 
                        period; and
                            ``(ii) may implement any energy or water-
                        saving measure that the Federal agency 
                        identified in the evaluation conducted under 
                        paragraph (1) that has longer than a 15-year 
                        simple payback period.
                    ``(B) Payback period.--
                            ``(i) In general.--For the purpose of 
                        subparagraph (A), a measure shall be considered 
                        to have a 15-year simple payback if the 
                        quotient obtained under clause (ii) is less 
                        than or equal to 15.
                            ``(ii) Quotient.--The quotient for a 
                        measure shall be obtained by dividing--
                                    ``(I) the estimated initial 
                                implementation cost of the measure 
                                (other than financing costs); by
                                    ``(II) the annual cost savings from 
                                the measure.
                    ``(C) Cost savings.--For the purpose of 
                subparagraph (B), cost savings shall include net 
                savings in estimated--
                            ``(i) energy and water costs;
                            ``(ii) operations, maintenance, repair, 
                        replacement, and other direct costs; and
                            ``(iii) external environmental, health, 
                        security, and other costs based on a cost 
                        adder, as determined in accordance with the 
                        guidelines issued by the Secretary under 
                        paragraph (4).
                    ``(D) Exceptions.--The Secretary may modify or make 
                exceptions to the calculation of a 15-year simple 
                payback under this paragraph in the guidelines issued 
                by the Secretary under paragraph (4).
            ``(3) Follow-up on implemented measures.--For each measure 
        implemented under paragraph (2), each Federal agency shall 
        carry out--
                    ``(A) commissioning;
                    ``(B) operations, maintenance, and repair; and
                    ``(C) measurement and verification of energy and 
                water savings.
            ``(4) Guidelines.--
                    ``(A) In general.--The Secretary shall issue 
                guidelines and necessary criteria that each Federal 
                agency shall follow for implementation of--
                            ``(i) paragraph (1) not later than 90 days 
                        after the date of enactment of this subsection; 
                        and
                            ``(ii) paragraphs (2) and (3) not later 
                        than 180 days after the date of enactment of 
                        this subsection.
                    ``(B) Relationship to funding source.--The 
                guidelines issued by the Secretary under subparagraph 
                (A) shall be appropriate and uniform for measures 
                funded with each type of funding made available under 
                paragraph (8).
            ``(5) Web-based certification.--
                    ``(A) In general.--For each building and other 
                facility that meets the criteria established by the 
                Secretary under paragraph (1), each Federal agency 
                shall use a web-based tracking system to certify 
                compliance with the requirements for--
                            ``(i) energy and water evaluations under 
                        paragraph (1);
                            ``(ii) implementation of identified energy 
                        and water measures under paragraph (2); and
                            ``(iii) follow-up on implemented measures 
                        under paragraph (3).
                    ``(B) Deployment.--Not later than 1 year after the 
                date of enactment of this subsection, the Secretary 
                shall deploy the web-based tracking system required 
                under this paragraph in a manner that tracks, at a 
                minimum--
                            ``(i) the covered buildings and other 
                        facilities;
                            ``(ii) the status of evaluations;
                            ``(iii) the identified measures, with 
                        estimated costs and savings;
                            ``(iv) the status of implementing the 
                        measures;
                            ``(v) the measured savings; and
                            ``(vi) the persistence of savings.
                    ``(C) Availability.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Secretary shall make the web-based tracking 
                        system required under this paragraph available 
                        to Congress, other Federal agencies, and the 
                        public through the Internet.
                            ``(ii) Exemptions.--At the request of a 
                        Federal agency, the Secretary may exempt 
                        specific data for specific buildings from 
                        disclosure under clause (i) for national 
                        security purposes.
            ``(6) Benchmarking of federal facilities.--
                    ``(A) In general.--Each Federal agency shall enter 
                energy use data for each building and other facility of 
                the Federal agency into a building energy use 
                benchmarking system, such as the Energy Star Portfolio 
                Manager.
                    ``(B) System and guidance.--Not later than 1 year 
                after the date of enactment of this subsection, the 
                Secretary shall--
                            ``(i) select or develop the building energy 
                        use benchmarking system required under this 
                        paragraph for each type of building; and
                            ``(ii) issue guidance for use of the 
                        system.
            ``(7) Federal agency scorecards.--
                    ``(A) In general.--The Director of the Office of 
                Management and Budget shall issue quarterly scorecards 
                for energy management activities carried out by each 
                Federal agency that includes--
                            ``(i) summaries of the status of--
                                    ``(I) energy and water evaluations 
                                under paragraph (1);
                                    ``(II) implementation of identified 
                                energy and water measures under 
                                paragraph (2); and
                                    ``(III) follow-up on implemented 
                                measures under paragraph (3); and
                            ``(ii) any other means of measuring 
                        performance that the Director considers 
                        appropriate.
                    ``(B) Availability.--The Director shall make the 
                scorecards required under this paragraph available to 
                Congress, other Federal agencies, and the public 
                through the Internet.
            ``(8) Funding.--
                    ``(A) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as are 
                necessary to carry out this subsection.
                    ``(B) Funding options.--
                            ``(i) In general.--To carry out paragraphs 
                        (1) through (3), a Federal agency may use any 
                        combination of--
                                    ``(I) appropriated funds made 
                                available under subparagraph (A); and
                                    ``(II) private financing, including 
                                financing available through energy 
                                savings performance contracts or 
                                utility energy savings contracts.
                            ``(ii) Combined funding for same measure.--
                        A Federal agency may use any combination of 
                        appropriated funds and private financing 
                        described in clause (i) to carry out the same 
                        measure under this subsection, with 
                        proportional allocation for any energy and 
                        water savings.
                            ``(iii) Lack of appropriated funds.--Since 
                        measures may be carried out using private 
                        financing described in clause (i), a lack of 
                        available appropriations shall not be 
                        considered a sufficient reason for the failure 
                        of a Federal agency to comply with paragraphs 
                        (1) through (3).''.

SEC. 3. ENERGY SAVINGS PERFORMANCE CONTRACTS.

    Section 801 of the National Energy Conservation Policy Act (42 
U.S.C. 8287) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (D), by inserting ``beginning 
                on the date of the delivery order'' after ``25 years''; 
                and
                    (B) by adding at the end the following:
                    ``(E) Promotion of contracts.--In carrying out this 
                section, a Federal agency shall not--
                            ``(i) establish a Federal agency policy 
                        that limits the maximum contract term under 
                        subparagraph (D) to a period shorter than 25 
                        years; or
                            ``(ii) limit the total amount of 
                        obligations under energy savings performance 
                        contracts or other private financing of energy 
                        savings measures.
                    ``(F) Measurement and verification requirements for 
                private financing.--
                            ``(i) In general.--The evaluations and 
                        savings measurement and verification required 
                        under paragraphs (1) and (3) of section 543(f) 
                        shall be used by a Federal agency to meet the 
                        requirements for--
                                    ``(I) in the case of energy savings 
                                performance contracts, the need for 
                                energy audits, calculation of energy 
                                savings, and any other evaluation of 
                                costs and savings needed to implement 
                                the guarantee of savings under this 
                                section; and
                                    ``(II) in the case of utility 
                                energy service contracts, needs that 
                                are similar to the purposes described 
                                in subclause (I).
                            ``(ii) Modification of existing 
                        contracts.--Not later than 180 days after the 
                        date of enactment of this subparagraph, each 
                        Federal agency shall, to the maximum extent 
                        practicable, modify any indefinite delivery and 
                        indefinite quantity energy savings performance 
                        contracts, and other indefinite delivery and 
                        indefinite quantity contracts using private 
                        financing, to conform to the amendments made by 
                        the Federal Building Renewal and Energy Savings 
                        Act of 2007.''; and
            (2) by striking subsection (c);
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