Short title

This Act may be cited as the

Advanced Design in Energy for Living Efficiently Act of 2007

Findings

The Congress finds that— (1)green building design practices have a positive effect on the reduction of greenhouse gases, the health of the environment, increases in productivity of workers, and improved water supply for communities; (2)buildings account for 38 percent of carbon dioxide emissions per year; (3)buildings consume approximately 40 percent of the energy and 70 percent of the electricity in the United States per year; (4)an upfront investment of 2 percent in green building design, on average, results in life cycle savings of 20 percent of the total operation costs of a building; (5)case studies show examples of a 2 to 16 percent increase in productivity in buildings that incorporate green building design; (6)students with the most daylight in their classrooms progressed 20 percent faster on mathematics tests and 26 percent faster on reading tests in one year than those with the least day lighting; (7)the development of a research agenda for green building design must consider whole building performance, and such development should be founded on achievable and measurable performance goals; (8)the tools and knowledge are currently available to meet the goals of this Act; and (9)green building design is a national priority, and can reduce the long-term operating costs for individuals and enhance their ability to repay the mortgage.

Definitions

For purposes of this Act— (1)the term Administrator means the Administrator of the Environmental Protection Agency; (2)the term green building means a building that uses sustainable design principles to reduce the use of nonrenewable resources, minimize environmental impact, and relate people with the natural environment; (3)the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and (4)the term State means one of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other commonwealth, territory, or possession of the United States.

Coordinating agency

(a)

In general

The Administrator shall serve as the coordinating agency for Federal information on green building design and practices, including information regarding construction, use, and decommissioning of green buildings, and shall obtain from all Federal agencies any information relating thereto that is not protected from disclosure by law. (b)

Availability of information

The Administrator, in consultation with the National Institute of Building Sciences, shall make the information obtained under subsection (a) readily available to the building industry and consumers.

Public education and training

(a)

Public education

The Administrator, in coordination with the National Institute of Building Sciences and in conjunction with private-sector building-related entities, shall establish a program to create and distribute informational materials to increase the knowledge of the general public about green building design principles. (b)

Green building training

Not later than 6 months after the date of enactment of this Act, the Administrator shall provide for the establishment of criteria for appropriate education and training of architects, engineers, and developers in green building design and application.

Blue ribbon panel

(a)

Establishment

The National Institute of Building Sciences shall establish a blue ribbon panel to provide independent advice and counsel to the Administrator on policy issues associated with the conservation of energy in residential, commercial, and Federal buildings, green building design systems, the health of the indoor environment, and reduction of water use and waste output. (b)

Appointment

The blue ribbon panel shall be appointed by the Board of Directors of the National Institute of Building Sciences. Appointees shall represent all sectors that are knowledgeable about or affected by green buildings, including architects, professional engineers, government officials, representatives of consumer organizations, representatives of construction labor organizations, product manufacturers, builders, housing management experts, and experts in building standards, codes, research, testing, and fire safety. (c)

Report to Congress

Not later than 1 year after the date of enactment of this Act, the blue ribbon panel shall report to Congress on the results of study to determine best practices for quantifying the information necessary to make informed property investment decisions, including with respect to buildings that meet carbon-neutral emission standards and use green building design practices.

Research and development report

Not later than 6 months after the date of enactment of this Act, the National Institute of Building Sciences shall report to Congress on the estimated amount of funding necessary for research and development on green building design in the United States. Such report shall include recommendations on further policies needed to promote green building design.

Greenhouse gas emission standards

(a)

Establishment

Not later than 1 year after the date of enactment of this Act, the National Institute of Building Sciences shall establish standards for the construction of new commercial and residential buildings that will reduce carbon emissions, compared to emissions from similar buildings in 2003, by— (1)40 percent by 2010; and (2)70 percent by 2020. (b)

Compliance

(1)

Requirement

Effective 6 years after the date of enactment of this Act, no State shall receive funding under this Act unless it demonstrates to the satisfaction of the Administrator that— (A)the State (and all of the local jurisdictions within the State) has— (i)adopted the standards established under subsection (a); and (ii)fully implemented such standards; or (B)technical barriers exist that prevent such adoption and implementation. (2)

Supporting information

In order to make a demonstration to the Administrator under paragraph (1), a State shall receive, and submit to the Administrator, reports from all local jurisdictions in the State on how many building permits were issued each year and how many of these permits met the standards established under subsection (a).

Study of use of FHA energy efficient mortgage program

(a)

Study

The Comptroller General of the United States shall conduct a study of the program of the Secretary of Housing and Urban Development for energy efficient mortgages insured under title II of the National Housing Act, established and operated pursuant to section 106 of the Energy Policy Act of 1992 (42 U.S.C. 12712 note) and expanded in 1995 pursuant to subsection (b) of such section, to determine— (1)the extent to which such program is utilized by mortgagors in the United States; (2)any impediments to wider or more efficient use of such program, including any such impediments relating to— (A)knowledge of or about the program; and (B)the terms, limitations, or operation of the program; (3)effective actions which may be taken to increase utilization of the program by mortgagors in the United States. (b)

Report

Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit to the Congress a report describing the findings of the study pursuant to subsection (a) and setting forth recommendations for actions under subsection (a)(3).

10.

Healthy, high-performance schools

(a)

Grant program authorized

The Administrator of the Environmental Protection Agency, acting through the National Institute of Building Sciences, in consultation with the Secretary of Energy and the Secretary of Education, is authorized to award grants to State educational agencies to permit such State educational agencies to carry out this section. (b)

Subgrants

(1)

In general

A State educational agency receiving a grant under this section shall use funds made available under the grant to award subgrants to local educational agencies to permit such local educational agencies to carry out the activities described in subsection (e). (2)

Limitation

A State educational agency shall award subgrants under this subsection to local educational agencies that are the neediest, as determined by the State, and that have made a commitment to develop healthy, high-performance school buildings in accordance with the plan developed and approved under subsection (c)(1). (c)

Implementation

(1)

Plans

A State educational agency shall award subgrants under this section only to local educational agencies that, in consultation with the State educational agency and State agencies with responsibilities relating to energy and health, have developed plans that the State educational agency determines to be feasible and appropriate in order to achieve the purposes for which the subgrants are made. (2)

Supplementing grant funds

The State educational agency shall encourage local educational agencies that receive subgrants under this section to supplement their subgrant funds with funds from other sources in order to implement their plans. (d)

Administration

A State educational agency receiving a grant under this section shall use the grant funds made available under this section for one or more of the following: (1)To evaluate compliance by local educational agencies with the requirements of this section. (2)To distribute information and materials on healthy, high-performance school buildings for both new and existing facilities. (3)To organize and conduct programs for school board members, school district personnel, and others to disseminate information on healthy, high-performance school buildings. (4)To provide technical services and assistance in planning and designing healthy, high-performance school buildings. (5)To collect and monitor information pertaining to healthy, high-performance school building projects. (e)

Local uses of funds

(1)

In general

A local educational agency that receives a subgrant under this section shall use the subgrant funds to plan and prepare for healthy, high-performance school building projects that— (A)reduce energy use to at least 30 percent below that of a school constructed in compliance with standards prescribed in chapter 8 of the 2000 International Energy Conservation Code, or a similar State code intended to achieve substantially equivalent results; (B)meet Federal and State health and safety codes; and (C)support healthful, energy efficient, and environmentally sound practices. (2)

Use of funds

A local educational agency that receives a subgrant under this section shall use funds for one or more of the following: (A)To develop a comprehensive energy audit of the energy consumption characteristics of a building and the need for additional energy conservation measures necessary to allow schools to meet the guidelines set out in paragraph (1). (B)To produce a comprehensive analysis of building strategies, designs, materials, and equipment that— (i)are cost effective, produce greater energy efficiency, and enhance indoor air quality; and (ii)can be used when conducting school construction and renovation or purchasing materials and equipment. (C)To obtain research and provide technical services and assistance in planning and designing healthy, high-performance school buildings, including developing a timeline for implementation of such plans. (f)

Information and assistance

The Administrator of the Environmental Protection Agency, acting through the National Institute of Building Sciences, shall provide information and assistance to local educational agencies on sustainable design. The information and assistance shall include— (1)information on how benefits of sustainable design can benefit life cycle costs to all school districts at no cost to school districts; and (2)assistance on how to create curriculum for environmental science classes to study local effects of sustainable design. (g)

Report to Congress

The Administrator shall conduct a biennial review of State actions implementing this section and carrying out the plans developed under this section through State and local funding, and shall submit a report to Congress on the results of such reviews. (h)

Limitations

No funds received under this section may be used for any of the following: (1)Payment of maintenance of costs in connection with any projects constructed in whole or in part with Federal funds provided under this section. (2)Construction, renovation, or repair of school facilities. (3)Construction, renovation, repair, or acquisition of a stadium or other facility primarily used for athletic contests or exhibitions, or other events for which admission is charged to the general public. (i)

Definitions

In this section: (1)The term healthy, high-performance school building means a school building in which the design, construction, operation, and maintenance— (A)use energy-efficient and affordable practices and materials; (B)are cost-effective; (C)enhance indoor air quality; and (D)protect and conserve water. (2)The terms local educational agency and State educational agency have the meaning given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (j)

Conforming repeal

Subpart 18 (20 U.S.C. 7277 et seq.) of part D of title V of the Elementary and Secondary Education Act of 1965 is repealed.

11.

Loan guarantees for public institutions of higher education

(a)

Program

The Administrator shall establish a program to make loan guarantees available to public institutions of higher education in a State for the construction or renovation of permanent buildings that meet the standards established under section 8(a). (b)

Qualifications

The Administrator shall establish the qualifications necessary for an institution to be eligible for a loan guarantee under this section, including qualifications to protect the financial interests of the Federal Government. (c)

Approval

The Administrator shall approve or disapprove an application for a loan guarantee under this section not later than 30 days after receiving a completed application. (d)

Authorization of appropriations

There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this section.

12.

Accountability of Federal agencies

(a)

Agency actions

Each Federal agency shall— (1)increase the energy efficiency of its facilities and operations; (2)annually transmit to the President and the Congress a report on the energy efficiency increases and carbon emission reductions associated with its facilities and operation; and (3)reward agency employees who make significant contributions to the reduction of agency carbon emissions. (b)

Energy manager training

The energy manager, designated under section 304 of Executive Order No. 13123, of each Federal agency shall be required to receive training approved by the Administrator on green building design, construction, use, and decommissioning, and to receive an annual refresher course approved by the Administrator on those subjects. (c)

Energy efficiency budget report

Not later than 6 months after the date of enactment of this Act, the Comptroller General shall transmit to the Congress a report comparing the energy efficiency budget request by the President for each Federal agency for fiscal years 2006 and 2007 with the requests from the agency to the President for energy efficiency budget amounts for those fiscal years.

13.

State and local government block grants

(a)

In general

The Administrator shall make block grants to State and local governments. Such grants may be used for— (1)the renovation of existing buildings to achieve the standards established by the National Institute of Building Sciences under section 8(a); (2)redesigning existing plans for new buildings to enable those plans to meet such standards; (3)research and development of technologies to enable and support green building design and the achievement of such standards; and (4)public education and training, including training for homeowners, business owners, first time home buyers, and contractors, on green buildings and their construction, use, and decommissioning. (b)

Mandatory use

All block grants received under this section shall be used, at least in part, for the purpose described in subsection (a)(4). (c)

Eligibility

No State or local government may receive a block grant under this section unless it demonstrates to the satisfaction of the Administrator that— (1)the State or local government (and in the case of a State, all the local jurisdictions within the State) has— (A)adopted the standards established under section 8(a); and (B)fully implemented such standards; or (2)technical barriers exist that prevent such adoption and implementation. (d)

Research and development coordination

The Administrator shall monitor activities described in subsection (a)(3) to prevent unnecessary duplication of research and development efforts. (e)

Authorization of appropriations

There are authorized to be appropriated to the Administrator for making grants under this section $1,000,000,000 for the period encompassing fiscal years 2009 through 2018.

14.

Authorization of appropriations

There are authorized to be appropriated to the Administrator for carrying out this Act, other than sections 11 and 13 $50,000,000 for each of the fiscal years 2009 through 2013.

15.

Increase and extension of energy efficient commercial buildings deduction

(a)

Increase

Section 179D of the Internal Revenue Code of 1986 (relating to energy efficient commercial buildings deduction) is amended— (1)in subsection (b)(1)(A) by striking $1.80 and inserting $2.25, and (2)in subsection (d)(1)(A) by striking by substituting and all that follows through the period at the end and inserting by substituting $.75 for $2.25.. (b)

Extension

Subsection (h) of section 179D of such Code (relating to termination) is amended by striking December 31, 2008 and inserting December 31, 2013. (c)

Effective date

The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.