[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3236 Reported in House (RH)]
Union Calendar No. 191
110th CONGRESS
1st Session
H. R. 3236
[Report No. 110-304, Part I]
To promote greater energy efficiency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2007
Mr. Boucher (for himself and Mr. Dingell) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committees on Transportation and Infrastructure and
Oversight and Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
August 3, 2007
Reported from the Committee on Energy and Commerce
August 3, 2007
Committees on Transportation and Infrastructure and Oversight and
Government Reform discharged; committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
To promote greater energy efficiency.
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 ``Energy Efficiency
Improvement Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROMOTING ENERGY EFFICIENCY
Subtitle A--Appliance Efficiency
Sec. 101. Energy standards for home appliances.
Sec. 102. Electric motor efficiency standards.
Sec. 103. Residential boilers.
Sec. 104. Regional variations in heating or cooling standards.
Sec. 105. Procedure for prescribing new or amended standards.
Sec. 106. Expediting Appliance Standards Rulemakings.
Sec. 107. Correction of large air conditioner rule issuance constraint.
Sec. 108. Definition of energy conservation standard.
Sec. 109. Improving schedule for standards updating and clarifying
State authority.
Sec. 110. Updating appliance test procedures.
Sec. 111. Furnace fan standard process.
Sec. 112. Technical corrections.
Sec. 113. Energy efficient standby power devices.
Sec. 114. External power supply efficiency standards.
Sec. 115. Standby mode.
Subtitle B--Lighting Efficiency
Sec. 121. Efficient light bulbs.
Sec. 122. Incandescent reflector lamps.
Sec. 123. Use of energy efficient lighting fixtures and bulbs.
Subtitle C--Residential Building Efficiency
Sec. 131. Encouraging stronger building codes.
Sec. 132. Energy code improvements applicable to manufactured housing.
Sec. 133. Baseline building designs.
Sec. 134. Reauthorization of weatherization assistance program.
Subtitle D--Commercial and Federal Building Efficiency
Sec. 141. Definitions.
Sec. 142. High-performance green buildings.
Sec. 143. Zero-energy commercial buildings initiative.
Sec. 144. Public outreach.
Sec. 145. Budget and life-cycle costing and contracting.
Sec. 146. Incentives.
Sec. 147. Federal procurement.
Sec. 148. Use of energy and water efficiency measures in Federal
buildings.
Sec. 149. Demonstration project.
Sec. 150. Energy efficiency for data center buildings.
Sec. 151. Authorization of appropriations.
Sec. 152. Study and report on use of power management software.
Subtitle E--Industrial Energy Efficiency
Sec. 161. Industrial energy efficiency.
Subtitle F--Energy Efficiency of Public Institutions
Sec. 171. Short title.
Sec. 172. Findings.
Sec. 173. Definitions.
Sec. 174. Technical Assistance Program.
Sec. 175. Revolving Fund.
Sec. 176. Reauthorization of State energy programs.
Subtitle G--Energy Savings Performance Contracting
Sec. 181. Definition of energy savings.
Sec. 182. Financing flexibility.
Sec. 183. Authority to enter into contracts; reports.
Sec. 184. Permanent reauthorization.
Sec. 185. Training Federal contracting officers to negotiate energy
efficiency contracts.
Sec. 186. Promoting long-term energy savings performance contracts and
verifying savings.
Subtitle H--Advisory Committee on Energy Efficiency Financing
Sec. 189. Advisory committee.
Subtitle I--Energy Efficiency Block Grant Program
Sec. 191. Definitions.
Sec. 192. Establishment of program.
Sec. 193. Allocations.
Sec. 194. Eligible activities.
Sec. 195. Requirements.
Sec. 196. Review and evaluation.
Sec. 197. Technical Assistance and Education Program.
Sec. 198. Authorization of appropriations.
Subtitle J--Green Buildings Retrofit Loan Guarantees
Sec. 199. Green buildings retrofit loan guarantees.
TITLE I--PROMOTING ENERGY EFFICIENCY
Subtitle A--Appliance Efficiency
SEC. 101. ENERGY STANDARDS FOR HOME APPLIANCES.
(a) Appliances.--The Energy Policy and Conservation Act is amended
as follows:
(1) Dehumidifiers.--Section 325(cc)(2) (42 U.S.C.
6295(cc)(2)) is amended to read as follows:
``(2) Dehumidifiers manufactured on or after October 1, 2012, shall
have an Energy Factor that meets or exceeds the following values:
``Product Capacity (pints/day): Minimum Energy Factor (liters/
KWh)
Up to 35.00.......................... 1.35
35.01-45.00.......................... 1.50
45.01-54.00.......................... 1.60
54.01-75.00.......................... 1.70
Greater than 75.00................... 2.5''.
(2) Residential clotheswashers and residential
dishwashers.--Section 325(g) (42 U.S.C. 6295(g)) is amended by
adding at the end the following new paragraphs:
``(9) Clotheswashers manufactured on or after January 1, 2011,
shall have--
``(A) a Modified Energy Factor of at least 1.26; and
``(B) a water factor of not more than 9.5.
``(10) No later than December 31, 2011, the Secretary shall publish
a final rule determining whether to amend the standards in effect for
clotheswashers manufactured on or after January 1, 2015. Such rule
shall contain such amendment, if any.
``(11) Dishwashers manufactured on or after January 1, 2010,
shall--
``(A) for standard size dishwashers not exceed 355 kwh/year
and 6.5 gallon per cycle; and
``(B) for compact size dishwashers not exceed 260 kwh/year
and 4.5 gallons per cycle.
``(12) No later than January 1, 2015, the Secretary shall publish a
final rule determining whether to amend the standards for dishwashers
manufactured on or after January 1, 2018. Such rule shall contain such
amendment, if any.''.
(3) Energy conservation standard.--Section 321(6)(A) (42
U.S.C. 6291(6)(A)) is amended by striking ``or, in the case
of'' and inserting ``and, in the case of residential
clotheswashers, residential dishwashers,''.
(4) Refrigerators and freezers.--Section 325(b) (42 U.S.C.
6295(b)) is amended by adding at the end the following new
paragraph:
``(4) Not later than December 31, 2010, the Secretary shall publish
a final rule determining whether to amend the standards in effect for
refrigerators, refrigerator-freezers, and freezers manufactured on or
after January 1, 2014. Such rule shall contain such amendment, if
any.''.
(b) Energy Star.--Section 324A(d)(2) of the Energy Policy and
Conservation Act (42 U.S.C. 6294a(d)(2)) is amended by striking
``January 1, 2010'' and inserting ``July 1, 2009''.
SEC. 102. ELECTRIC MOTOR EFFICIENCY STANDARDS.
(a) Definitions.--Section 340(13) of the Energy Policy and
Conservation Act (42 U.S.C. 6311(13)) is amended--
(1) by redesignating subparagraphs (B) through (H) as
subparagraphs (C) through (I), respectively; and
(2) by striking the text of subparagraph (A) and inserting
the following: ``The term `general purpose electric motor
(subtype I)' means any motor that meets the definition of
`General Purpose' as established in the final rule issued by
the Department of Energy for `Energy Efficiency Program for
Certain Commercial and Industrial Equipment: Test Procedures,
Labeling, and Certification Requirements for Electric Motors'
(10 C.F.R. 431), as in effect on the date of enactment of the
[short title].
``(B) The term `general purpose electric motor (subtype II)' means
motors incorporating the design elements of a general purpose electric
motor (subtype I) that are configured as one of the following:
``(i) U-Frame Motors.
``(ii) Design C Motors.
``(iii) Close-coupled pump motors.
``(iv) Footless motors.
``(v) Vertical solid shaft normal thrust motor (as tested
in a horizontal configuration).
``(vi) 8-pole motors ( 900 rpm).
``(vii) All poly-phase motors with voltages up to 600 volts
other than 230/460 volts.''.
(b) Standards.--Section 342(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(b)) is amended by striking the text of
paragraph (1) and inserting the following: ``(A) Each general purpose
electric motor (subtype I), except as provided in subparagraph (B),
with a power rating of 1 horsepower or greater, but not greater than
200 horsepower, manufactured (alone or as a component of another piece
of equipment) after the 36-month period beginning on the date of
enactment of the [short title], shall have a nominal full load
efficiency not less than as defined in NEMA MG-1 (2006) table 12-12.
``(B) Each fire pump motor manufactured (alone or as a component of
another piece of equipment) after the 36-month period beginning on the
date of enactment of the [short title], shall have nominal full load
efficiency not less than as defined in NEMA MG-1 (2006) table 12-11.
``(C) Each general purpose electric motor (subtype II) with a power
rating of 1 horsepower or greater, but not greater than 200 horsepower,
manufactured (alone or as a component of another piece of equipment)
after the 36-month period beginning on the date of enactment of the
[short title], shall have a nominal full load efficiency not less than
as defined in NEMA MG-1 (2006) table 12-11.
``(D) Each NEMA Design B, general purpose electric motor with a
power rating of more than 200 horsepower, but not greater than 500
horsepower, manufactured (alone or as a component of another piece of
equipment) after the 36-month period beginning on the date of enactment
of the [short title], shall have a nominal full load efficiency not
less than as defined in NEMA MG-1 (2006) table 12-11.''.
SEC. 103. RESIDENTIAL BOILERS.
Section 325(f) of the Energy Policy and Conservation Act (42 U.S.C.
6925(f)) is amended--
(1) in the subsection heading, by inserting ``and Boilers''
after ``Furnaces'';
(2) in paragraph (1), by striking ``except that'' and all
that follows through ``(B)'' and inserting ``except that'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following:
``(3) Boilers.--
``(A) In general.--Subject to subparagraph (B), boilers
manufactured on or after September 1, 2012, shall meet the
following requirements:
----------------------------------------------------------------------------------------------------------------
Minimum Annual Fuel Utilization
Boiler Type Efficiency Design Requirements
----------------------------------------------------------------------------------------------------------------
Gas Hot Water......................... 82% No Constant Burning Pilot,
Automatic Means for Adjusting
Water Temperature
----------------------------------------------------------------------------------------------------------------
Gas Steam............................ 80% No Constant Burning Pilot
----------------------------------------------------------------------------------------------------------------
Oil Hot Water......................... 84% Automatic Means for Adjusting
Temperature
----------------------------------------------------------------------------------------------------------------
Oil Steam............................ 82% None
----------------------------------------------------------------------------------------------------------------
Electric Hot Water.................... None Automatic Means for Adjusting
Temperature
----------------------------------------------------------------------------------------------------------------
Electric Steam........................ None None
----------------------------------------------------------------------------------------------------------------
``(B) Automatic means for adjusting water temperature.--
``(i) In general.--The manufacturer shall equip
each gas, oil and electric hot water boiler, except
boilers equipped with tankless domestic water heating
coils, with automatic means for adjusting the
temperature of the water supplied by the boiler to
ensure that an incremental change in inferred heat load
produces a corresponding incremental change in the
temperature of water supplied.
``(ii) Single input rate.--For a boiler that fires
at one input rate this requirement may be satisfied by
providing an automatic means that allows the burner or
heating element to fire only when such means has
determined that the inferred heat load cannot be met by
the residual heat of the water in the system.
``(iii) No inferred heat load.--When there is no
inferred heat load with respect to a hot water boiler,
the automatic means described in clause (i) and (ii)
shall limit the temperature of the water in the boiler
to not more than 140 degrees Fahrenheit.
``(iv) Operation.--A boiler described in clause (i)
or (ii) shall be operable only when the automatic means
described in clauses (i), (ii) and (iii) is
installed.''.
SEC. 104. REGIONAL VARIATIONS IN HEATING OR COOLING STANDARDS.
(a) Consumer Appliances.--Section 325(o) of the Energy Policy and
Conservation Act (42 U.S.C. 6925(o)) is amended by adding at the end
the following new paragraph:
``(6)(A) The Secretary may establish regional standards for space
heating and air conditioning products, other than window-unit air-
conditioners and portable space heaters. For each space heating and air
conditioning product, the Secretary may establish a national minimum
standard and two more stringent regional standards for regions
determined to have significantly differing climatic conditions. Any
standards set for any such region shall achieve the maximum level of
energy savings that are technically feasible and economically justified
within that region. As a preliminary step to determining the economic
justifiability of establishing any such regional standard, the
Secretary shall conduct a study involving stakeholders, including but
not limited to a representative from the National Institute of
Standards and Technology; representatives of nongovernmental advocacy
organizations; representatives of product manufacturers, distributors,
and installers; representatives of the gas and electric utility
industries; and such other individuals as the Secretary may designate.
Such study shall determine the potential benefits and consequences of
prescribing regional standards for heating and cooling products, and
may, if favorable to such standards, constitute the evidence of
economic justifiability required under this Act. Regional boundaries
shall follow State borders and only include contiguous States (except
Alaska and Hawaii), except that on the request of a State, the
Secretary may divide that State to include a part of that State in each
of two regions.
``(B) If the Secretary establishes regional standards, it shall be
unlawful under section 332 to offer for sale at retail, sell at retail,
or install noncomplying products except within the specified regions.
``(C)(i) Except as provided in clause (ii), no product manufactured
to a regional standard established pursuant to subparagraph (A) shall
be distributed in commerce without a prominent label affixed to the
product which includes at the top of the label, in print of not less
than 14-point type, the following: `It is a violation of Federal law
for this product to be installed in any State outside the region shaded
on the map printed on this label.'. Below this notice shall appear a
map of the United States with clearly defined State boundaries and
names, and with all States in which the product meets or exceeds the
standard established pursuant to subparagraph (A) shaded in a color or
a manner as to be easily visible without obscuring the State boundaries
and names. Below the map shall be printed on each label the following:
`It is a violation of Federal law for this label to be removed, except
by the owner and legal resident of any single-family home in which this
product is installed.'.
``(ii) A product manufactured that meets or exceeds all regional
standards established under this paragraph shall bear a prominent label
affixed to the product which includes at the top of the label, in print
of not less than 14-point type the following: `This product has
achieved an energy efficiency rating under Federal law allowing its
installation in any State.'.
``(D) Manufacturers of space heating and air conditioning equipment
subject to regional standards established under this paragraph shall
obtain and retain records on the intended installation locations of the
equipment sold, and shall make such records available to the Secretary
on request.''.
(b) Industrial Equipment.--Section 342(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(a)) is amended by adding at the end
the following new paragraph:
``(10)(A) The Secretary may establish regional standards for space
heating and air conditioning products subject to this subsection. For
each space heating and air conditioning product, the Secretary may
establish a national minimum standard and two more stringent regional
standards for regions determined to have significantly differing
climatic conditions. Any standards set for any such region shall
achieve the maximum level of energy savings that are technically
feasible and economically justified within that region. Regional
boundaries shall follow State borders and only include contiguous
States (except Alaska and Hawaii), except that on the request of a
State, the Secretary may divide that State to include a part of that
State in each of two regions.
``(B) If the Secretary establishes regional standards, it shall be
unlawful under section 345 to offer for sale at retail, sell at retail,
or install noncomplying products except within the specified regions.
``(C) Manufacturers of space heating and air conditioning equipment
subject to regional standards established under this paragraph shall
obtain and retain records on the intended installation locations of the
equipment sold, and shall make such records available to the Secretary
on request.''.
SEC. 105. PROCEDURE FOR PRESCRIBING NEW OR AMENDED STANDARDS.
Section 325(p) of the Energy Policy and Conservation Act (42 U.S.C.
6925(p)) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
SEC. 106. EXPEDITING APPLIANCE STANDARDS RULEMAKINGS.
(a) Direct Final Rule.--Section 325(p) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(p)) is amended by adding a new
paragraph (5) as follows:
``(5) If manufacturers of any type (or class) of covered
products or covered equipment, States, and efficiency
advocates, or persons determined by the Secretary to fully
represent such parties, submit to the Secretary a joint
recommendation of an energy or water conservation standard and
the Secretary determines that the recommended standard complies
with subsection (o) or section 342(a)(6)(B), as applicable, to
that type (or class) of covered products or covered equipment
to which the standard would apply, the Secretary may then issue
a direct final rule including the standard recommended. If the
Secretary determines that a direct final rule cannot be issued
based on such a submitted joint recommendation, the Secretary
shall publish a determination with an explanation as to why the
joint recommendation does not comply with this paragraph. For
purposes of this paragraph, the term `direct final rule' means
a final rule published the same day with a parallel notice of
proposed rulemaking that proposes a new or amended energy or
water conservation standard that is identical to the standard
set forth in the final rule. There shall be a 110-day period
for public comment with respect to the direct final rule. Not
later than 10 days after the expiration of such 110-day period,
the Secretary shall publish a notice responding to comments
received with respect to the direct final rule. The Secretary
shall withdraw a direct final rule promulgated pursuant to this
paragraph within 120 days after publication in the Federal
Register if the Secretary receives, with respect to the direct
final rule, one or more adverse public comments or any
alternate joint recommendation and, based on the rulemaking
record, the Secretary determines that such adverse comments or
alternate joint recommendation may provide a reasonable basis
for withdrawing the direct final rule under subsection (o),
section 342(a)(6)(B), or any applicable law. In such a case,
the Secretary shall then proceed with the parallel notice of
proposed rulemaking, and shall identify in a notice published
in the Federal Register the reasons for the withdrawal of the
direct final rule. A direct final rule that is withdrawn in
accordance with this paragraph shall not be considered final
for purposes of subsection (o)(1) of this section. No person
shall be found in violation of this part for noncompliance with
a direct final rule that is withdrawn under this paragraph, if
that person has complied with the applicable standard in effect
under this part immediately prior to issuance of that direct
final rule.''.
(b) Conforming Amendment.--Section 345(b)(1) of the Energy Policy
and Conservation Act (42 U.S.C. 6316(b)(1)) is amended by inserting
after ``section'' the first time it appears ``325(p)(5), section''.
SEC. 107. CORRECTION OF LARGE AIR CONDITIONER RULE ISSUANCE CONSTRAINT.
(a) Definitions.--Section 340 of the Energy Policy and Conservation
Act (42 U.S.C. 6311) is amended by adding the following new paragraphs
at the end:
``(22) The term `single package vertical air conditioner'
means air-cooled commercial package air conditioning and
heating equipment; factory assembled as a single package having
its major components arranged vertically, which is an encased
combination of cooling and optional heating components, is
intended for exterior mounting on, adjacent interior to, or
through an outside wall; and is powered by a single- or three-
phase current. It may contain separate indoor grille(s),
outdoor louvers, various ventilation options, indoor free air
discharge, ductwork, well plenum, or sleeve. Heating components
may include electrical resistance, steam, hot water, or gas,
but may not include reverse cycle refrigeration as a heating
means.
``(23) The term `single package vertical heat pump' means a
single package vertical air conditioner that utilizes reverse
cycle refrigeration as its primary heat source, that may
include secondary supplemental heating by means of electrical
resistance, steam, hot water, or gas.''.
(b) Standards.--Section 342(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(a)) is amended--
(1) in each of paragraphs (1) and (2), by inserting after
``heating equipment'' in the first sentence ``, including
single package vertical air conditioners and single package
vertical heat pumps,'';
(2) in paragraph (1), by striking ``but before January 1,
2010,'';
(3) in paragraph (6)(A)(i), by striking ``January 1,
2010,'' and inserting ``October 24, 1992'';
(4) in paragraph (6)(A)(ii)--
(A) by striking ``5'' and inserting ``2''; and
(B) by striking ``the effective date of a
standard'' and inserting ``January 10, 2010, or
beginning on the effective date of the most recent
revision made under clause (i) of this subparagraph,'';
and
(C) by adding the following new clause at the end:
``(iii) The Secretary may only initiate a rulemaking under clause
(ii) of this subparagraph for a particular product so long as any
standard established under a previous rulemaking with respect to that
product has become effective.'';
(5) in each of paragraphs (7), (8), and (9), by inserting
after ``heating equipment'' in the first sentence ``, excluding
single package vertical air conditioners and single package
vertical heat pumps,'';
(6) in paragraph (7)--
(A) by striking ``manufactured on or after January
1, 2010'';
(B) in each of subparagraphs (A), (B), and (C), by
adding at the beginning ``For equipment manufactured on
or after January 1, 2010,''; and
(C) by adding at the end the following new
subparagraphs:
``(D) For equipment manufactured on or after the later of
January 1, 2008, or the date six months after enactment of this
section, the minimum seasonal energy efficiency ratio of air-
cooled three-phase electric central air conditioners and
central air conditioning heat pumps less than 65,000 Btu per
hour (cooling capacity), split systems, shall be 13.0.
``(E) For equipment manufactured on or after the later of
January 1, 2008, or the date six months after enactment of this
section, minimum seasonal energy efficiency ratio of air-cooled
three-phase electric central air conditioners and central air
conditioning heat pumps less than 65,000 Btu per hour (cooling
capacity), single package, shall be 13.0.
``(F) For equipment manufactured on or after the later of
January 1, 2008, or the date six months after enactment of this
section, minimum heating seasonal performance factor of air-
cooled three-phase electric central air conditioning heat pumps
less than 65,000 Btu per hour (cooling capacity), split
systems, shall be 7.7.
``(G) For equipment manufactured on or after the later of
January 1, 2008, or the date six months after enactment of this
section, the minimum heating seasonal performance factor of
air-cooled three-phase electric central air conditioning heat
pumps less than 65,000 Btu per hour (cooling capacity), single
package, shall be 7.7.''; and
(7) by adding the following new paragraphs at the end:
``(10) Single package vertical air conditioners and single package
vertical heat pumps manufactured on or after January 1, 2010, shall
meet the following standards:
``(A) The minimum energy efficiency ratio of single package
vertical air conditioners less than 65,000 Btu per hour
(cooling capacity), single-phase, shall be 9.0.
``(B) The minimum energy efficiency ratio of single package
vertical air conditioners less than 65,000 Btu per hour
(cooling capacity), three-phase, shall be 9.0.
``(C) The minimum energy efficiency ratio of single package
vertical air conditioners at or above 65,000 Btu per hour
(cooling capacity) but less than 135,000 Btu per hour (cooling
capacity), shall be 8.9.
``(D) The minimum energy efficiency ratio of single package
vertical air conditioners at or above 135,000 Btu per hour
(cooling capacity) but less than 240,000 Btu per hour (cooling
capacity), shall be 8.6.
``(E) The minimum energy efficiency ratio of single package
vertical heat pumps less than 65,000 Btu per hour (cooling
capacity), single-phase, shall be 9.0; and the minimum
coefficient of performance in the heating mode shall be 3.0.
``(F) The minimum energy efficiency ratio of single package
vertical heat pumps less than 65,000 Btu per hour (cooling
capacity), three-phase, shall be 9.0; and the minimum
coefficient of performance in the heating mode shall be 3.0.
``(G) The minimum energy efficiency ratio of single package
vertical heat pumps at or above 65,000 Btu per hour (cooling
capacity) but less than 135,000 Btu per hour (cooling
capacity), shall be 8.9; and the minimum coefficient of
performance in the heating mode shall be 3.0.
``(H) The minimum energy efficiency ratio of single package
vertical heat pumps at or above 135,000 Btu per hour (cooling
capacity) but less than 240,000 Btu per hour (cooling
capacity), shall be 8.6; and the minimum coefficient of
performance in the heating mode shall be 2.9.
``(11) Not later than 36 months after the date of enactment of this
paragraph, the Secretary shall review the most recently published
ASHRAE/IES Standard 90.1 with respect to single package vertical air
conditioners and single package vertical heat pumps according to the
procedures established in paragraph (6).''.
SEC. 108. DEFINITION OF ENERGY CONSERVATION STANDARD.
Section 321 of the Energy Policy and Conservation Act (42 U.S.C.
6291) is amended by striking paragraph (6) and inserting the following:
``(6) Energy conservation standard.--
``(A) In general.--The term `energy conservation
standard' means 1 or more performance standards that--
``(i) for covered products (excluding
clothes washers, dishwashers, showerheads,
faucets, water closets, and urinals), prescribe
a minimum level of energy efficiency or a
maximum quantity of energy use, determined in
accordance with test procedures prescribed
under section 323;
``(ii) for showerheads, faucets, water
closets, and urinals, prescribe a minimum level
of water efficiency or a maximum quantity of
water use, determined in accordance with test
procedures prescribed under section 323; and
``(iii) for clothes washers and
dishwashers--
``(I) prescribe a minimum level of
energy efficiency or a maximum quantity
of energy use, determined in accordance
with test procedures prescribed under
section 323; and
``(II) may include a minimum level
of water efficiency or a maximum
quantity of water use, determined in
accordance with those test procedures.
``(B) Inclusions.--The term `energy conservation
standard' includes--
``(i) 1 or more design requirements, if the
requirements were established--
``(I) on or before the date of
enactment of this subclause; or
``(II) as part of a consensus
agreement under section 325(hh); and
``(ii) any other requirements that the
Secretary may prescribe under section 325(r).
``(C) Exclusion.--The term `energy conservation
standard' does not include a performance standard for a
component of a finished covered product, unless
regulation of the component is authorized or
established pursuant to this title.''.
SEC. 109. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND CLARIFYING
STATE AUTHORITY.
(a) Consumer Appliances.--Section 325(m) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(m)) is amended to read as follows:
``(m) Further Rulemaking.--(1) Not later than 6 years after
issuance of any final rule establishing or amending a standard, as
required for a product under this part, the Secretary shall publish
either--
``(A) a notice of the Secretary's determination that
standards for that product do not need to be amended, based on
the criteria in subsection (n)(2); or
``(B) a notice of proposed rulemaking including new
proposed standards based on the criteria in subsection (o) and
the procedures in subsection (p).
In either case, the Secretary shall also publish a notice stating that
the Department's analysis is publicly available, and provide
opportunity for written comment.
``(2) Not later than 2 years after a notice is issued under
paragraph (1)(B), the Secretary shall publish a final rule amending the
standard for the product. Not later than 3 years after a determination
under paragraph (1)(A), the Secretary shall make a new determination
and publication under paragraph (1)(A) or (B).
``(3) An amendment prescribed under this subsection shall apply to
products manufactured after a date which is 3 years after publication
of the final rule establishing a standard, except that a manufacturer
shall not be required to apply new standards to a product with respect
to which other new standards have been required within the prior 6
years.
``(4) The Secretary shall promptly submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate--
``(A) a progress report every 180 days on compliance with
this section, including a specific plan to remedy any failures
to comply with deadlines for action set forth in this section;
and
``(B) all required reports to the Court or to any party to
the Consent Decree in State of New York v. Bodman, Consolidated
Civil Actions No. 05 Civ. 7807 and No. 05 Civ. 7808.''.
(b) Industrial Equipment.--Section 342(a)(6) of the Energy Policy
and Conservation Act (42 U.S.C. 6313(a)(6)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by amending the remainder of the paragraph to read as
follows:
``(6)(A) If ASHRAE/IES Standard 90.1 is amended with
respect to any small, large, or very large commercial package
air conditioning and heating equipment, packaged terminal air
conditioners, packaged terminal heat pumps, warm-air furnaces,
packaged boilers, storage water heaters, instantaneous water
heaters, or unfired hot water storage tanks, the Secretary
shall within 6 months publish in the Federal Register for
public comment an analysis of the energy savings potential of
the amended energy efficiency standards. The Secretary shall
establish an amended uniform national standard for that product
at the minimum level for each effective date specified in the
amended ASHRAE/IES Standard 90.1 within 18 months of the ASHRAE
amendment's publication, unless the Secretary determines, by
rule published in the Federal Register, and supported by clear
and convincing evidence, that adoption of a uniform national
standard more stringent than such amended ASHRAE/IES Standard
90.1 for such product would result in significant additional
conservation of energy and is technologically feasible and
economically justified.
``(B) If the Secretary issues a rule containing such a
determination, the rule shall establish such amended standard,
and shall be issued within 30 months of the ASHRAE amendment's
publication.
``(C)(i) Not later than 6 years after issuance of any final
rule establishing or amending a standard, as required for a
product under this part, the Secretary shall publish either--
``(I) a notice of the Secretary's determination
that standards for that product do not need to be
amended, based on the criteria in subparagraph (A); or
``(II) a notice of proposed rulemaking including
new proposed standards based on the criteria and
procedures in subparagraph (B).
In either case, the Secretary shall also publish a notice
stating that the Department's analysis is publicly available,
and provide opportunity for written comment.
``(ii) Not later than 2 years after a notice is
issued under clause (i)(II), the Secretary shall
publish a final rule amending the standard for the
product. Not later than 3 years after a determination
under clause (i)(I), the Secretary shall make a new
determination and publication under clause (i)(I) or
(II).
``(iii) An amendment prescribed under this
subparagraph shall apply to products manufactured after
a date which is 3 years after publication of the final
rule establishing a standard, except that a
manufacturer shall not be required to apply new
standards to a product with respect to which other new
standards have been required within the prior 6 years.
``(iv) The Secretary shall promptly submit to the
House Committee on Energy and Commerce and to the
Senate Committee on Energy and Natural Resources a
progress report every 180 days on compliance with this
paragraph, including a specific plan to remedy any
failures to comply with deadlines for action set forth
in this paragraph.''.
SEC. 110. UPDATING APPLIANCE TEST PROCEDURES.
(a) Consumer Appliances.--Section 323(b)(1)(A) of the Energy Policy
and Conservation Act (42 U.S.C. 6923(b)(1)(A)) is amended by striking
``The Secretary may'' and all that follows through ``paragraph (3)''
and inserting ``At least every 7 years the Secretary shall review test
procedures for all covered products and shall--
``(i) amend test procedures with respect to any covered
product if the Secretary determines that amended test
procedures would more accurately or fully comply with the
requirements of paragraph (3); or
``(ii) publish notice in the Federal Register of any
determination not to amend a test procedure''.
(b) Industrial Equipment.--Section 343(a)(1) of the Energy Policy
and Conservation Act (42 U.S.C. 6314(a)(1)) is amended by striking
``The Secretary may'' and all that follows through ``this section'' and
inserting ``At least every 7 years the Secretary shall conduct an
evaluation of each class of covered equipment and--
``(B) if the Secretary determines that amended test
procedures would more accurately or fully comply with the
requirements of paragraphs (2) and (3), shall prescribe test
procedures for such class in accordance with the provisions of
this section; or
``(C) shall publish notice in the Federal Register of any
determination not to amend a test procedure''.
SEC. 111. FURNACE FAN STANDARD PROCESS.
Section 325(f)(3)(D) of the Energy Policy and Conservation Act (42
U.S.C. 6295(f)(3)(D)) is amended--
(1) by striking ``may'' and inserting ``shall''; and
(2) by inserting ``not later than July 1, 2013'' after ``duct
work''.
SEC. 112. TECHNICAL CORRECTIONS.
(a) Section 135(a)(1)(A)(ii) of the Energy Policy Act of 2005
(Public Law 109-58) is amended by striking ``C78.1-1978(R1984)'' and
inserting ``C78.3-1978(R1984)''.
(b) Section 325 of the Energy Policy and Conservation Act (42
U.S.C. 6295) (as amended by section 135(c)(4) of the Energy Policy Act
of 2005) is amended--
(1) in subsection (v)--
(A) in the subsection heading, by striking
``Ceiling Fans and'';
(B) by striking paragraph (1); and
(C) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively; and
(2) in subsection (ff)--
(A) in paragraph (1)(A)--
(i) by striking clause (iii);
(ii) by redesignating clause (iv) as clause
(iii); and
(iii) in clause (iii)(II) (as so
redesignated), by inserting ``fans sold for''
before ``outdoor''; and
(B) in paragraph (4)(C)--
(i) in the matter preceding clause (i), by
striking ``subparagraph (B)'' and inserting
``subparagraph (A)'';
(ii) by striking clause (ii) and inserting
the following:
``(ii) shall be packaged with lamps to fill all sockets.'';
(C) in paragraph (6), by redesignating
subparagraphs (C) and (D) as clauses (i) and (ii),
respectively, of subparagraph (B); and
(D) in paragraph (7), by striking ``327'' the
second place it appears and inserting ``324''.
SEC. 113. ENERGY EFFICIENT STANDBY POWER DEVICES.
(a) Definitions.--In this section:
(1) Agency.--
(A) In general.--The term ``agency'' has the
meaning given the term ``Executive agency'' in section
105 of title 5, United States Code.
(B) Inclusions.--The term ``agency'' includes
military departments, as the term is defined in section
102 of title 5, United States Code.
(2) Eligible product.--The term ``eligible product'' means
a commercially available, off-the-shelf product that--
(A)(i) uses external standby power devices; or
(ii) contains an internal standby power function;
and
(B) is included on the list compiled under
subsection (d).
(b) Federal Purchasing Requirement.--Subject to subsection (c), if
an agency purchases an eligible product, the agency shall purchase--
(1) an eligible product that uses not more than 1 watt in
the standby power consuming mode of the eligible product; or
(2) if an eligible product described in paragraph (1) is
not available, the eligible product with the lowest available
standby power wattage in the standby power consuming mode of
the eligible product.
(c) Limitation.--The requirements of subsection (b) shall apply to
a purchase by an agency only if--
(1) the lower-wattage eligible product is--
(A) lifecycle cost-effective; and
(B) practicable; and
(2) the utility and performance of the eligible product is
not compromised by the lower wattage requirement.
(d) Eligible Products.--The Secretary of Energy, in consultation
with the Secretary of Defense and the Administrator of General
Services, shall compile a list of cost-effective eligible products that
shall be subject to the purchasing requirements of subsection (b).
SEC. 114. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS.
(a) Section 321 of the Energy Policy and Conservation Act (42
U.S.C. 6291) is amended--
(1) in paragraph (36) by inserting ``(A)'' before the text
and adding at the end the following:
``(B) The term `class A external power supply'
means a device that--
``(i) is designed to convert line voltage
AC input into lower voltage AC or DC output;
``(ii) is able to convert to only one AC or
DC output voltage at a time;
``(iii) is sold with, or intended to be
used with, a separate end-use product that
constitutes the primary load;
``(iv) is contained in a separate physical
enclosure from the end-use product;
``(v) is connected to the end-use product
via a removable or hard-wired male/female
electrical connection, cable, cord or other
wiring; and
``(vi) has nameplate output power less than
or equal to 250 watts.
``(C) The term `class A external power supply' does
not include any device that--
``(i) requires Federal Food and Drug
Administration listing and approval as a
medical device, as described under section 513
of the Food, Drug, and Cosmetic Act of 1938; or
``(ii) powers the charger of a detachable
battery pack or charges the battery of a
product that is fully or primarily motor
operated.
``(D) The term `active mode' means the mode of
operation when an external power supply is connected to
the main electricity supply and the output is connected
to a load.
``(E) The term `no-load mode' means the mode of
operation when an external power supply is connected to
the main electricity supply and the output is not
connected to a load.''
(2) by adding at the end the following:
``(52) The term `detachable battery' means a battery that
is contained in a separate enclosure from the product and is
intended to be removed or disconnected from the product for
recharging.''.
(b) Section 323 of the Energy Policy and Conservation Act (42
U.S.C. 6293) is amended in subsection (b) by adding at the end the
following:
``(16) Test procedures for class A external power supplies
shall be based upon the U.S. Environmental Protection Agency's
`Test Method for Calculating the Energy Efficiency of Single-
Voltage External AC-DC and AC-AC Power Supplies', August 11,
2004, provided that the test voltage specified in section 4(d)
of such test method shall be only 115 volts, 60 Hz.''.
(c) Section 325 of the Energy Policy and Conservation Act (42
U.S.C. 6295) is amended in subsection (u) by adding at the end the
following:
``(6) Efficiency standards for class a external power
supplies.--
``(A) Class A external power supplies manufactured
on or after July 1, 2008 (or the date of enactment of
this paragraph, if later) shall meet the following
standards:
----------------------------------------------------------------------------------------------------------------
``Active Mode
-----------------------------------------------------------------------------------------------------------------
RequiredEfficiency (decimal equivalent of
``Nameplate Output apercentage)
----------------------------------------------------------------------------------------------------------------
Less than 1 watt 0.5 times the NameplateOutput
----------------------------------------------------------------------------------------------------------------
From 1 watt to not more than 51 watts The sum of 0.09 times the Natural Logarithm
of theNameplate Output and 0.5
----------------------------------------------------------------------------------------------------------------
Greater than 51 watts 0.85
----------------------------------------------------------------------------------------------------------------
``No-Load Mode
``Nameplate Output Maximum Consumption
----------------------------------------------------------------------------------------------------------------
Not more than 250 watts 0.5watts
----------------------------------------------------------------------------------------------------------------
``(B) Notwithstanding paragraph (A), any class A
external power supply manufactured on or after July 1,
2008, and before July 1, 2015, and made available by
the manufacturer as a service part or a spare part for
an end-use product--
``(i) that constitutes the primary load;
and
``(ii) was manufactured before July 1,
2008,
shall not be subject to the requirements of paragraph
(A).
``(C) Any class A external power supply
manufactured on or after July 1, 2008 (or the date of
enactment of this paragraph, if later) shall be clearly
and permanently marked in accordance with the External
Power Supply International Efficiency Marking Protocol,
as referenced in the `Energy Star Program Requirements
for Single Voltage External AC-DC and AC-AC Power
Supplies, version 1.1' published by the Environmental
Protection Agency.
``(D)(i) Not later than July 1, 2011 the Secretary
shall publish a final rule to determine whether the
standards established under paragraph (A) should be
amended. Such rule shall provide that any amended
standard shall apply to products manufactured on or
after July 1, 2013.
``(ii) Not later than July 1, 2015 the Secretary
shall publish a final rule to determine whether the
standards established under paragraph (A) should be
amended. Such rule shall provide that any amended
standard shall apply to products manufactured on or
after July 1, 2017.
``(7) An energy conservation standard for external power
supplies shall not constitute an energy conservation standard
for the separate end-use product to which it is connected.''.
SEC. 115. STANDBY MODE.
(a) Consumer Appliance Requirement.--Section 325 of the Energy
Policy and Conservation Act (42 U.S.C. 6295) is amended by adding at
the end the following new subsection:
``(ii) Standby Mode.--
``(1) Requirement.--Except as provided in paragraph (2),
any final rule adopted after July 1, 2012, to set a new or
revised energy efficiency standard for a covered product shall
specify that a covered product manufactured on or after the
effective date of such new or revised standard shall, when in
standby mode, operate with not more than 1 watt of electric
power.
``(2) Exceptions.--
``(A) Extensions.--The Secretary may provide a
single extension of up to 2 years for compliance with
paragraph (1) with respect to a covered product if the
Secretary finds that such extension is appropriate.
``(B) Exemptions.--The Secretary may provide an
exemption from the requirement under paragraph (1) for
a covered product, after public notice and opportunity
for comment, if the Secretary finds that--
``(i) achieving the requirement is not
technologically feasible and economically
justified for that covered product; or
``(ii) such an exemption is warranted for
medical or military reasons.
Any exemption provided under this subparagraph shall be
reviewed at least once every 5 years.''.
(b) Consumer Appliance Test Procedures.--Section 323(b) of the
Energy Policy and Conservation Act (42 U.S.C. 6293(b)) is amended by
adding at the end the following new paragraph:
``(17) Not later than July 1, 2009, the Secretary shall issue a
final rule establishing test procedures for standby power consumption
for all covered products, except for products for which the current
test procedure already measures standby power consumption.''.
(c) Repeal.--
(1) In general.--Section 325(u) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(u)) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date described in section 325(ii)(I)
of the Energy Policy and Conservation Act as, added by
subsection (a) of this section.
(d) Industrial Equipment Requirement.--Section 342 of the Energy
Policy and Conservation Act (42 U.S.C. 6313) is amended by adding at
the end the following new subsection:
``(f) Standby Power.--
``(1) Requirement.--Except as provided in paragraph (2),
any final rule adopted after July 1, 2012, to set a new or
revised energy efficiency standard for covered equipment shall
specify that covered equipment manufactured on or after the
effective date of such new or revised standard shall, when in
standby mode, operate with not more than 1 watt of electric
power.
``(2) Exceptions.--
``(A) Extensions.--The Secretary may provide a
single extension of up to 5 years for compliance with
paragraph (1) with respect to a covered equipment if
the Secretary finds that such extension is appropriate.
``(B) Exemptions.--The Secretary may provide an
exemption from the requirement under paragraph (1) for
covered equipment, after public notice and opportunity
for comment, if the Secretary finds that--
``(i) achieving the requirement is not
technologically feasible and economically
justified for that covered equipment; or
``(ii) such an exemption is warranted for
medical or military reasons.
Any exemption provided under this subparagraph shall be
reviewed at least once every 5 years.''.
(e) Industrial Equipment Test Procedures.--Section 343(a) of the
Energy Policy and Conservation Act (42 U.S.C. 6314(a)) is amended by
adding at the end the following new paragraph:
``(9) Not later than July 1, 2009, the Secretary shall issue a
final rule establishing test procedures for standby power consumption
for all covered equipment, except for equipment for which the current
test procedure already measures standby power consumption.''.
Subtitle B--Lighting Efficiency
SEC. 121. EFFICIENT LIGHT BULBS.
(a) Prohibition.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy shall issue
regulations--
(A) prohibiting the sale of 100 watt general
service incandescent lamps after January 1, 2012,
unless those lamps emit at least 60 lumens per watt;
(B) prohibiting the sale of general service lamps
manufactured after the effective dates shown in the
table below that do not meet the minimum efficacy
levels (lumens/watt) shown in the following table:
Minimum Efficacy Levels and Effective Dates
----------------------------------------------------------------------------------------------------------------
Minimum
Efficacy
Lumen Range (Lumens) (Lumens/ Effective Dates
Watt)
----------------------------------------------------------------------------------------------------------------
200-449 15 1/1/2014
----------------------------------------------------------------------------------------------------------------
450-699 17 1/1/2014
----------------------------------------------------------------------------------------------------------------
700-999 20 1/1/2013
----------------------------------------------------------------------------------------------------------------
1000-1500 22 1/1/2012
----------------------------------------------------------------------------------------------------------------
1501-3000 24 1/1/2012
----------------------------------------------------------------------------------------------------------------
(C) after January 1, 2020, prohibiting the sale of
general service lamps that emit less than 300 percent
of the average lumens per watt emitted by 100 watt
incandescent general service lamps that are
commercially available as of the date of enactment of
this Act;
(D) establishing a minimum color rendering index
(CRI) of 80 or higher for all general service lamps
manufactured as of the effective dates in subparagraph
(B); and
(E) prohibiting the manufacture or import for sale
in the United States of an adapter device designed to
allow a lamp with a different base to fit into a medium
screw base socket manufactured after January 1, 2009.
(2) Exemptions.--The regulations issued under paragraph (1)
shall include procedures for the Secretary to exempt specialty
lamps from the requirements of paragraph (1). The Secretary may
provide such an exemption only in cases where the Secretary
finds, after a hearing and opportunity for public comment, that
it is not technically feasible to serve a specialized lighting
application, such as a military, medical, public safety
application, or in certified historic lighting applications
using bulbs that meet the requirements of paragraph (1). In
addition, the Secretary shall include as an additional
criterion that exempted products are unlikely to be used in the
general service lighting applications.
(3) Additional lamps types.--
(A) Manufacturers of rough service, vibration
service, vibration resistant, appliance, shatter
resistant, and three-way lamps shall report annual
sales volume to the Secretary. If the Secretary
determines that annual sales volume for any of these
lamp types increases by 100 percent relative to 2009
sales in any later year, then such lamps shall by
subject to the following standards:
(i) Appliance lamps shall use no more than
40 watts.
(ii) Rough service lamps shall use no more
than 40 watts.
(iii) Vibration service and vibration
resistant lamps shall use no more than 40
watts.
(iv) Three-way lamps shall comply with the
standards in paragraph (1) at each level of
rated lumen output.
(B) Rough service, vibration service, vibration
resistant, appliance, shatter resistant, and three-way
lamps shall be available for sale at retail in single
packs only.
(4) Civil penalty.--The Secretary of Energy shall include
in regulations under this subsection a schedule of appropriate
civil penalties for violations of the prohibitions under this
subsection. Such penalties shall be in an amount sufficient to
ensure compliance with this section.
(5) State preemption.--State standards for general service
lamps are preempted as of the date of enactment of this Act,
except--
(A) any State standard already enacted or adopted
as of the date of enactment of this Act may be enforced
until the Federal effective dates for each lamp
category, and such States may modify existing State
standards for general service lamps to conform with the
standards in paragraph (1) at any time;
(B) any State standard identical to the standards
in paragraph (1)(B) with an effective date no sooner
than January 1, 2015; and
(C) any State standard identical to Federal
standards, after such Federal standards are in effect.
(6) Definitions.--For purposes of this section, the
following definitions apply:
(A) The term ``general service lamp'' means a
nonreflectorized lamp that--
(i) is intended for general service
applications;
(ii) has a medium screw base;
(iii) has an initial lumen output no less
than 200 lumens and no more than 3000 lumens;
(iv) has an input voltage range at least
partially within 110 and 130 volts;
(v) has a A-15, A-19, A-21, A-23, A-25, PS-
25, PS-30, BT-14.5, BT-15, CP-19, TB-19, CA-22,
or similar shape as defined in ANSI C78.20-
2003; and
(vi) has a bulb finish of the frosted,
clear, soft white, modified spectrum, enhanced
spectrum, full spectrum, or equivalent type.
The following incandescent lamps are not general
service lamps: appliance, black light, bug, colored,
infrared, left-hand thread, marine, marine signal
service, mine service, plant light, reflector, rough
service, shatter resistant, sign service, silver bowl,
three-way, traffic signal, and vibration service or
vibration resistant.
(B) The term ``appliance lamp'' means any lamp
specifically designed to operate in a household
appliance. Examples of appliance lamps include oven
lamps, refrigerator lamps, and vacuum cleaner lamps.
(C) The term ``black light lamp'' means a lamp that
emits radiant energy in the UV-A band (315-400 nm) and
is designated and marketed as a ``black light''.
(D) The term ``bug lamp'' means a lamp that
contains a filter to suppress the blue and green
portions of the visible spectrum and is designated and
marketed as a ``bug light''.
(E) The term ``colored incandescent lamp'' means an
incandescent lamp designated and marketed as a colored
lamp that has a CRI of less than 50, as determined
according to the test method given in CIE publication
13.2, and has a correlated color temperature less than
2,500K, or greater than 4,600K, where correlated color
temperature is defined as the absolute temperature of a
blackbody whose chromaticity nearly resembles that of
the light source.
(F) The term ``infrared lamp'' means a lamp that
radiates predominately in the infrared region of the
electromagnetic spectrum, and where visible radiation
is not of principal interest.
(G) The term ``lamp'' means an electrical appliance
that includes a glass envelope and produces optical
radiation for the purpose of visual illumination,
designed to be installed into a luminaire by means of
an integral lamp-holder. Types of lamps include
incandescent, fluorescent, and high intensity discharge
(high pressure sodium and metal halide).
(H) The term ``left-handed thread lamp'' means a
lamp on which the base screws into a lamp socket in a
counter-clockwise direction, and screws out of a lamp
socket in a clockwise direction.
(I) The term ``marine lamp'' means a lamp
specifically designed and marketed to operate in a
marine application.
(J) The term ``marine signal service lamp'' means a
lamp specifically designed to provide signals to marine
vessels for seaway safety.
(K) The term ``mine service lamp'' means a lamp
specifically designed and marketed for use in mine
applications.
(L) The term ``plant light lamp'' means a lamp that
contains a filter to suppress yellow and green portions
of the spectrum and is designated and marketed as a
``plant light''.
(M) The term ``rough service lamp'' means a lamp
that has a minimum of 5 supports with filament
configurations similar to but not limited to C7A, C11,
C17, and C22 as listed in Figure 6-12 of the 9th
edition of the IESNA Lighting handbook, where lead
wires are not counted as supports and that is
designated and marketed specifically for ``rough
service'' applications.
(N) The term ``shatter resistant lamp'' means a
lamp with an external coating on the bulb wall to
resist breakage and which is designated and marketed as
a shatter resistant lamp.
(O) The term ``showcase lamp'' means a lamp that
has a tubular bulb with a conventional screw base and
which is designated and marketed as a showcase lamp.
(P) The term ``sign service lamp'' means a lamp of
the vacuum type or gas-filled with sufficiently low
bulb temperature to permit exposed outdoor use on high-
speed flashing circuits. The designation shall be on
the lamp packaging, and marketing materials shall
identify the lamp as being a sign service lamp.
(Q) The term ``silver bowl lamp'' means a lamp that
has a reflective coating applied directly to part of
the bulb surface and that reflects light in a backward
direction toward the lamp base. The designation shall
be on the lamp packaging, and marketing materials shall
identify the lamp as being a silver bowl lamp or
similar designation.
(R) The term ``three-way lamp'' means a lamp that
employs two filaments, operated separately and in
combination, to provide three light levels. The
designation shall be on the lamp packaging, and
marketing materials shall identify the lamp as being a
three-way lamp.
(S) The term ``traffic signal lamp'' means a lamp
that is designed with lifetime, wattage, focal length,
filament configuration, mounting, lamp glass, and lamp
base characteristics appropriate for use in traffic
signals.
(T) The term ``vibration service lamp'' or
``vibration resistant lamp'' means a lamp with filament
configurations similar to but not limited to C-5, C-7A,
or C-9, as listed in Figure 6-12 of the 9th Edition of
the IESNA Lighting Handbook. The lamp is designated and
marketed specifically for vibration service or
vibration resistant applications. The designation shall
be on the lamp packaging, and marketing materials shall
identify the lamp as being vibration resistant or
vibration service.
(b) Incentive Plan and Public Education.--
(1) Incentive plan.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Energy shall
transmit to the Congress a plan for encouraging and providing
incentives for the domestic production of light bulbs by United
States manufacturers that meet the efficacy levels shown in the
table in subsection (a)(1)(B).
(2) Labeling rulemaking.--The Federal Trade Commission
shall conduct a rulemaking to consider the effectiveness of
current lamp labeling requirements and to consider alternative
labeling approaches that will help consumers to understand new
high-efficiency lamp products. Such labeling shall include, at
a minimum, information on lighting output (lumens), input power
(watts), efficiency (lumens per watt), lamp rated lifetime
(hours), annual or lifetime energy operating cost, and any
hazardous materials (such as mercury) that may be contained in
lamp products. The Federal Trade Commission shall complete this
rulemaking within one year after the date of enactment of this
Act.
(3) National sales data tracking system.--The Secretary of
Energy shall develop and implement within one year after the
date of enactment of this Act a national sales data tracking
system in conjunction with the National Electrical
Manufacturers Association and other stakeholders for lamp
technologies, including Light Emitting Diodes, halogens,
incandescents, and compact fluorescent lamps.
(c) Report on Mercury Use and Release.--Not later than 1 year after
the date of enactment of this Act, the Secretary of Energy, in
cooperation with the Administrator of the Environmental Protection
Agency, shall submit to Congress a report describing recommendations
relating to the means by which the Federal Government may reduce or
prevent the release of mercury during the manufacture, transportation,
storage, or disposal of general service lamps.
SEC. 122. INCANDESCENT REFLECTOR LAMPS.
(a) Definitions.--Section 321 of the Energy Policy and Conservation
Act (42 U.S.C. 6291) is amended--
(1) in paragraph (30)(C)(ii)--
(A) in the matter preceding subclause (I)--
(i) by striking ``or similar bulb shapes
(excluding ER or BR)'' and inserting ``ER, BR,
BPAR, or similar bulb shapes''; and
(ii) by striking ``2.75'' and inserting
``2.25''; and
(B) by striking ``is either--'' and all that
follows through subclause (II) and inserting ``has a
rated wattage that is greater than 40 watts.''; and
(2) by adding at the end the following:
``(52) The term `BPAR incandescent reflector lamp' means a
reflector lamp as shown in figure C78.21-278 on page 32 of ANSI
C78.21-2003.
``(53)(A) The term `BR incandescent reflector lamp' means a
reflector lamp that has--
``(i) a bulged section below the major diameter of
the bulb and above the approximate baseline of the
bulb, as shown in figure 1 (RB) on page 7 of ANSI
C79.1-1994, incorporated by reference in section 430.22
of title 10, Code of Federal Regulations (as in effect
on the date of enactment of this paragraph); and
``(ii) a finished size and shape shown in ANSI
C78.21-1989, including the referenced reflective
characteristics in part 7 of ANSI C78.21.
``(B) The term `BR30' refers to a BR incandescent reflector
lamp with a diameter of 30/8ths of an inch and the term `BR40'
refers to a BR incandescent reflector lamp with a diameter of
40/8ths of an inch.
``(54)(A) The term `ER incandescent reflector lamp' means a
reflector lamp that has--
``(i) an elliptical section below the major
diameter of the bulb and above the approximate baseline
of the bulb, as shown in figure 1 (RE) on page 7 of
ANSI C79.1-1994, incorporated by reference in section
430.22 of title 10, Code of Federal Regulations (as in
effect on the date of enactment of this paragraph); and
``(ii) a finished size and shape shown in ANSI
C78.21-1989, incorporated by reference in section
430.22 of title 10, Code of Federal Regulations (as in
effect on the date of enactment of this paragraph).
``(B) The term `ER30' refers to an ER incandescent
reflector lamp with a diameter of 30/8ths of an inch and the
term `ER40' refers to an ER incandescent reflector lamp with a
diameter of 40/8ths of an inch.
``(55) The term `R20 incandescent reflector lamp' means a
reflector lamp that has a face diameter of approximately 2.5
inches, as shown in figure 1(R) on page 7 of ANSI C79.1-
1994.''.
(b) Standards for Fluorescent Lamps and Incandescent Reflector
Lamps.--Section 325(i) of the Energy Policy and Conservation Act (42
U.S.C. 6925(i)) is amended by striking paragraph (1) and inserting the
following:
``(1) Standards.--
``(A) Definition of effective date.--In this
paragraph, except as specified in subparagraphs (C) and
(D), the term `effective date' means, with respect to
each type of lamp specified in a table contained in
subparagraph (B), the last day of the period of months
corresponding to that type of lamp, as specified in the
table, that follows the date of enactment of the [short
title].
``(B) Minimum standards.--Each of the following
general service fluorescent lamps and incandescent
reflector lamps manufactured after the effective date
specified in the tables contained in this paragraph
shall meet or exceed the following lamp efficacy and
CRI standards:
``FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
Effective Date
Lamp Type Nominal Lamp Minimum CRI Minimum Average Lamp (Period of
Wattage Efficacy (LPW) Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin........... >35 W 69 75.0 36
35 W 45 75.0 36
2-foot U-shaped................ >35 W 69 68.0 36
35 W 45 64.0 36
8-foot slimline................ 65 W 69 80.0 18
65 W 45 80.0 18
8-foot high output............. >100 W 69 80.0 18
100 W 45 80.0 18
----------------------------------------------------------------------------------------------------------------
``INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
Effective Date
Nominal Lamp Wattage Minimum Average Lamp (Period of
Efficacy (LPW) Months)
------------------------------------------------------------------------
40-50....................... 10.5 36
51-66....................... 11.0 36
67-85....................... 12.5 36
86-115...................... 14.0 36
116-155...................... 14.5 36
156-205...................... 15.0 36
------------------------------------------------------------------------
``(C) Exemptions.--The standards specified in
subparagraph (B) shall not apply to the following types
of incandescent reflector lamps:
``(i) Lamps rated at 50 watts or less of
the following types: ER30, BR30, BR40, and ER40
lamps.
``(ii) Lamps rated at 65 watts of the
following types: BR30, BR40, and ER40 lamps.
``(iii) R20 incandescent reflector lamps of
45 watts or less.
``(D) Effective dates.--
``(i) ER, br, and bpar lamps.--Except as
provided in subparagraph (A), the standards
specified in subparagraph (B) shall apply with
respect to ER incandescent reflector lamps, BR
incandescent reflector lamps, BPAR incandescent
reflector lamps, and similar bulb shapes on and
after January 1, 2008.
``(ii) Lamps between 2.25-2.75 inches in
diameter.--The standards specified in
subparagraph (B) shall apply with respect to
incandescent reflector lamps with a diameter of
more than 2.25 inches, but not more than 2.75
inches, on and after January 1, 2008.''.
SEC. 123. USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND BULBS.
(a) In General.--Chapter 33 of title 40, United States Code, is
amended--
(1) by redesignating sections 3313, 3314, and 3315 as
sections 3314, 3315, and 3316, respectively; and
(2) by inserting after section 3312 the following:
``Sec. 3313. Use of energy efficient lighting fixtures and bulbs
``(a) Construction and Alteration of Public Buildings.--Each public
building constructed or significantly altered by the Administrator of
General Services shall be equipped, to the maximum extent feasible as
determined by the Administrator, with lighting fixtures and bulbs that
are energy efficient.
``(b) Maintenance of Public Buildings.--Each lighting fixture or
bulb that is replaced by the Administrator in the normal course of
maintenance of public buildings shall be replaced, to the maximum
extent feasible as determined by the Administrator, with a lighting
fixture or bulb that is energy efficient.
``(c) Considerations.--In making a determination under this section
concerning the feasibility of installing a lighting fixture or bulb
that is energy efficient, the Administrator shall consider--
``(1) the life cycle cost effectiveness of the fixture or
bulb;
``(2) the compatibility of the fixture or bulb with
existing equipment;
``(3) whether use of the fixture or bulb could result in
interference with productivity;
``(4) the aesthetics relating to use of the fixture or
bulb; and
``(5) such other factors as the Administrator determines
appropriate.
``(d) Energy Star.--A lighting fixture or bulb shall be treated as
being energy efficient for purposes of this section if--
``(1) the fixture or bulb is certified under the Energy
Star program established by section 324A of the Energy Policy
and Conservation Act (42 U.S.C. 6294a);
``(2) in the case of all LED luminaires, lamps, and systems
whose efficacy (lumens per watt) and Color Rendering Index
(CRI) meet the requirements for minimum luminaire efficacy and
CRI for the Energy Star certification, as verified by an
independent third-party testing laboratory that conducts its
tests according to the procedures and recommendations of the
Illuminating Engineering Society of North America, even if
these luminaires, lamps, and systems have not received such
certification; or
``(3) the Administrator has otherwise determined that the
fixture or bulb is energy efficient.
``(e) Significant Alterations.--A public building shall be treated
as being significantly altered for purposes of subsection (a) if the
alteration is subject to congressional approval under section 3307.
``(f) Effective Date.--The requirements of subsections (a) and (b)
shall take effect one year after the date of enactment of this
subsection.''.
(b) Conforming Amendment.--The analysis for chapter 33 of title 40,
United States Code, is amended by striking the items relating to
sections 3313, 3314, and 3315 and inserting the following:
``3313. Use of energy efficient lighting fixtures and bulbs.
``3314. Delegation.
``3315. Report to Congress.
``3316. Certain authority not affected.''.
Subtitle C--Residential Building Efficiency
SEC. 131. ENCOURAGING STRONGER BUILDING CODES.
(a) In General.--Section 304 of the Energy Conservation and
Production Act (42 U.S.C. 6833) is amended to read as follows:
``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
``(a) Updating National Model Building Energy Codes.--(1) The
Secretary shall support updating the national model building energy
codes and standards at least every three years to achieve overall
energy savings, compared to the 2006 IECC for residential buildings and
ASHRAE Standard 90.1-2004 for commercial buildings, of at least--
``(A) 30 percent by 2010;
``(B) 50 percent by 2020; and
``(C) targets to be set by the Secretary in intermediate
and subsequent years, at the maximum level of energy efficiency
that is technologically feasible and life-cycle cost effective.
``(2)(A) Whenever the provisions of the IECC or ASHRAE Standard
90.1 regarding building energy use are revised, the Secretary shall,
not later than 6 months after the date of such revision, determine--
``(i) whether such revision will improve energy efficiency
in buildings; and
``(ii) whether such revision will meet the targets under
paragraph (1).
``(B) If the Secretary makes a determination under subparagraph
(A)(ii) that a code or standard does not meet the targets under
paragraph (1), or if a national model code or standard is not updated
for more than three years, then the Secretary shall within 12 months
propose a modified code or standard that meets such targets. The
modified code or standard shall serve as the baseline for the next
determination under subparagraph (A)(i).
``(C) The Secretary shall provide the opportunity for public
comment on targets, determinations, and modified codes and standards
under this subsection, and shall publish notice of targets,
determinations, and modified codes and standards under this subsection
in the Federal Register.
``(b) State Certification of Building Energy Code Updates.--(1) Not
later than 2 years after the date of enactment of the [short title],
each State shall certify to the Secretary that it has reviewed and
updated the provisions of its residential and commercial building codes
regarding energy efficiency. Such certification shall include a
demonstration that such State's code provisions meet or exceed the 2006
IECC for residential buildings and the ASHRAE Standard 90.1-2004 for
commercial buildings, or achieve equivalent or greater energy savings.
``(2)(A) If the Secretary makes an affirmative determination under
subsection (a)(2)(A)(i) or proposes a modified code or standard under
subsection (a)(2)(B), each State shall within 2 years certify that it
has reviewed and updated the provisions of its building code regarding
energy efficiency. Such certification shall include a demonstration
that such State's code provisions meet or exceed the revised code or
standard, or achieve equivalent or greater energy savings.
``(B) If the Secretary fails to make a determination under
subsection (a)(2)(A)(i) by the date specified in subsection (a)(2), or
makes a negative determination, each State shall within 2 years after
the specified date or the date of the determination, certify that it
has reviewed the revised code or standard, and updated the provisions
of its building code regarding energy efficiency to meet or exceed any
provisions found to improve energy efficiency in buildings, or to
achieve equivalent or greater energy savings in other ways.
``(c) State Certification of Compliance With Building Codes.--(1)
Each State shall, not later than 3 years after a certification under
subsection (b), certify that it has achieved compliance with the
certified building energy code. Such certification shall include
documentation of the rate of compliance based on independent
inspections of a random sample of the new and renovated buildings
covered by the code in the preceding year.
``(2) A State shall be considered to achieve compliance under
paragraph (1) if--
``(A) at least 90 percent of new and renovated buildings
covered by the code in the preceding year substantially meet
all the requirements of the code; or
``(B) the estimated excess energy use of new and renovated
buildings that did not meet the code in the preceding year,
compared to a baseline of comparable buildings that meet the
code, is not more than 10 percent of the estimated energy use
of all new and renovated buildings covered by the code in the
preceding year.
``(d) Failure To Meet Deadlines.--(1) The Secretary shall permit
extensions of the deadlines for the certification requirements under
subsections (b) and (c) of this section for up to 1 year if a State can
demonstrate that it has made a good faith effort to comply with such
requirements and that it has made significant progress in doing so.
``(2) Any State for which the Secretary has not accepted a
certification by a deadline under subsection (b) or (c) of this
section, with any extension granted under paragraph (1), is out of
compliance with this section.
``(3) In any State that is out of compliance with this section, a
local government may be in compliance with this section by meeting the
certification requirements under subsections (b) and (c) of this
section.
``(e) Technical Assistance.--(1) The Secretary shall provide
technical assistance, including building energy analysis and design
tools, building demonstrations, and design assistance and training to
enable the national model building energy codes and standards to meet
the targets in subsection (a)(1).
``(2) The Secretary shall provide technical assistance to States to
implement the requirements of this section, including procedures for
States to demonstrate that their code provisions achieve equivalent or
greater energy savings than the national model codes and standards, and
to improve and implement State residential and commercial building
energy efficiency codes or to otherwise promote the design and
construction of energy efficient buildings.
``(f) Availability of Incentive Funding.--(1) The Secretary shall
provide incentive funding to States to implement the requirements of
this section, and to improve and implement State residential and
commercial building energy efficiency codes, including increasing and
verifying compliance with such codes. In determining whether, and in
what amount, to provide incentive funding under this subsection, the
Secretary shall consider the actions proposed by the State to implement
the requirements of this section, to improve and implement residential
and commercial building energy efficiency codes, and to promote
building energy efficiency through the use of such codes.
``(2) Additional funding shall be provided under this subsection
for implementation of a plan to achieve and document at least a 90
percent rate of compliance with residential and commercial building
energy efficiency codes, based on energy performance--
``(A) to a State that has adopted and is implementing, on a
Statewide basis--
``(i) a residential building energy efficiency code
that meets or exceeds the requirements of the 2006
IECC, or any succeeding version of that code that has
received an affirmative determination from the
Secretary under subsection (a)(2)(A)(i); and
``(ii) a commercial building energy efficiency code
that meets or exceeds the requirements of the ASHRAE
Standard 90.1-2004, or any succeeding version of that
standard that has received an affirmative determination
from the Secretary under subsection (a)(2)(A)(i); or
``(B) in a State in which there is no Statewide energy code
either for residential buildings or for commercial buildings,
or where State codes fail to comply with subparagraph (A), to a
local government that has adopted and is implementing
residential and commercial building energy efficiency codes, as
described in subparagraph (A).
``(3) Of the amounts made available under this subsection, the
Secretary may use amounts required, not exceeding $500,000 for each
State, to train State and local officials to implement codes described
in paragraph (2).
``(4)(A) There are authorized to be appropriated to carry out this
subsection--
``(i) $25,000,000 for each of fiscal years 2008 through
2012; and
``(ii) such sums as are necessary for fiscal year 2013 and
each fiscal year thereafter.
``(B) Funding provided to States under paragraph (2) for each
fiscal year shall not exceed one-half of the excess of funding under
this subsection over $5,000,000 for the fiscal year.''.
(b) Definition.--Section 303 of the Energy Conservation and
Production Act (42 U.S.C. 6832) is amended by adding at the end the
following new paragraph:
``(17) The term `IECC' means the International Energy
Conservation Code.''.
SEC. 132. ENERGY CODE IMPROVEMENTS APPLICABLE TO MANUFACTURED HOUSING.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, the Secretary of Energy shall by regulation establish
standards for energy efficiency in manufactured housing.
(b) Certain Requirements.--The regulations under subsection (a)
shall be in accordance with the following:
(1) The energy conservation standards established under
this subsection shall be based on the most recent version of
the International Energy Conservation Code (including
supplements) except where the Secretary finds that such code is
not cost-effective, or a more stringent standard would be more
cost-effective, based on total life-cycle construction and
operating costs.
(2) The energy conservation standards established under
this subsection may--
(A) take into consideration the design and factory
construction techniques of manufactured homes;
(B) be based on the climate zones established by
the Department of Housing and Urban Development rather
than those under the International Energy Conservation
Code; and
(C) provide for alternative practices that result
in net estimated energy consumption equal to or less
than the specified standards.
(3) The energy conservation standards established under
this subsection shall be updated within one year after the date
of enactment of this Act and within one year after any revision
to the International Energy Conservation Code.
(c) Enforcement.--Any manufacturer of manufactured housing that
violates a provision of the regulations under subsection (a) is liable
to the United States for a civil penalty in an amount not exceeding 1
percent of the manufacturer's retail list price of the manufactured
housing.
SEC. 133. BASELINE BUILDING DESIGNS.
Section 327(f)(3)(D) of the Energy Policy and Conservation Act (42
U.S.C. 6297(f)(3)(D)) is amended to read as follows:
``(D) If the code uses one or more baseline building
designs against which all submitted building designs are to be
evaluated and such baseline building designs contain a covered
product subject to an energy conservation standard established
in or prescribed under section 325, the baseline building
designs are based on the efficiency level for such covered
product which--
``(i) meets but does not exceed such standard;
``(ii) is the efficiency level required by a
regulation of that State for which the Secretary has
issued a rule granting a waiver under subsection (d) of
this section; or
``(iii) is a level that, when evaluated in the
baseline building design, the State has found to be
feasible and cost-effective.''.
SEC. 134. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM.
(a) Amendment.--Section 422 of the Energy Conservation and
Production Act (42 U.S.C. 6872) is amended by striking ``$500,000,000
for fiscal year 2006, $600,000,000 for fiscal year 2007, and
$700,000,000 for fiscal year 2008'' and inserting ``$600,000,000 for
fiscal year 2007, and $750,000,000 for each of fiscal years 2008, 2009,
2010, 2011, and 2012. From those sums, the Secretary is authorized to
initiate an Alternative Delivery System Pilot Project to examine
options for decreasing energy consumption associated with heating and
cooling while increasing household participation by focusing on key
energy saving components. Alternative Delivery System Pilot Projects
should be undertaken in both hot and cold urban areas''.
(b) Sustainable Energy Resources for Consumers Grants.--(1) The
Secretary of Energy may make funding available to local Weatherization
agencies from amounts authorized under the amendment made by subsection
(a) to expand the weatherization assistance program for residential
buildings to include materials, benefits, and renewable and domestic
energy technologies not currently covered by the program, provided that
the State Weatherization grantee has certified that the applicant has
the capacity to carry out the proposed activities and that the grantee
will include the project in its financial oversight of the
Weatherization Assistance program.
(2) In selecting the grants, the program shall give priority to--
(A) the expected effectiveness and benefits of the proposed
project to low- and moderate-income energy consumers;
(B) the potential for replication of successful results;
(C) the impact on the health and safety and energy costs of
those served; and
(D) the extent of partnerships with other public and
private entities that contribute to the resources and
implementation of the program, including financial
partnerships.
(3) Funding for such projects may equal up to two percent of
funding in any fiscal year, provided that no funding is utilized for
Sustainable Energy Resources for Consumers grants in any fiscal year in
which Weatherization appropriations are less than $275,000,000.
Subtitle D--Commercial and Federal Building Efficiency
SEC. 141. DEFINITIONS.
In this subtitle:
(1) Consortium.--The term ``Consortium'' means the Green
Building Partnership Consortium created in response to section
142(c)(1) to represent the private sector in a Public-Private
Partnership to promote high-performance green buildings and
zero-net-energy commercial buildings.
(2) Director.--The term ``Director'' means the individual
appointed to the position established under section 142(b).
(3) Federal facility.--
(A) In general.--The term ``Federal facility''
means any building or facility the intended use of
which requires the building or facility to be--
(i) accessible to the public; and
(ii) constructed or altered by or on behalf
of the United States.
(B) Exclusions.--The term ``Federal facility'' does
not include a privately-owned residential or commercial
structure that is not leased by the Federal Government.
(4) High-performance green building.--The term ``high-
performance green building'' means a building that, during its
life-cycle--
(A) reduces energy, water, and material resource
use, and in the case of a new or renovated Federal
building, meets or exceeds the standards under section
305(a)(3) of the Energy Conservation and Production Act
(42 U.S.C. 6834(a)(3));
(B) improves indoor environmental quality
including, reducing indoor pollution, improving thermal
comfort, and improving lighting and acoustic
environments that affect occupant health and
productivity;
(C) reduces negative impacts on the environment
throughout the life-cycle of the building, including
air and water pollution and waste generation;
(D) increases the use of environmentally preferable
products, including biobased, recycled content, and
nontoxic products with lower life-cycle impacts;
(E) increases reuse and recycling opportunities;
(F) integrates systems in the building;
(G) reduces the environmental and energy impacts of
transportation through building location and site
design that support a full range of transportation
choices for users of the building; and
(H) considers indoor and outdoor effects of the
building on human health and the environment,
including--
(i) improvements in worker productivity;
(ii) the life-cycle impacts of building
materials and operations; and
(iii) other factors that the Office
considers to be appropriate.
(5) Life-cycle.--The term ``life-cycle'', with respect to a
high-performance green building, means all stages of the useful
life of the building (including components, equipment, systems,
and controls of the building) beginning at conception of a
green building project and continuing through site selection,
design, construction, landscaping, commissioning, operation,
maintenance, renovation, deconstruction or demolition, removal,
and recycling of the green building.
(6) Life-cycle assessment.--The term ``life-cycle
assessment'' means a comprehensive system approach for
measuring the environmental performance of a product or service
over the life of the product or service, beginning at raw
materials acquisition and continuing through manufacturing,
transportation, installation, use, reuse, and end-of-life waste
management.
(7) Life-cycle costing.--The term ``life-cycle costing'',
with respect to a high-performance green building, means a
technique of economic evaluation that--
(A) sums, over a given study period, the costs of
initial investment (less resale value), replacements,
operations (including energy use), and maintenance and
repair of an investment decision; and
(B) is expressed--
(i) in present value terms, in the case of
a study period equivalent to the longest useful
life of the building, determined by taking into
consideration the typical life of such a
building in the area in which the building is
to be located; or
(ii) in annual value terms, in the case of
any other study period.
(8) Office.--The term ``Office'' means the Office of High-
Performance Green Buildings established under section 142(a).
(9) Practices.--The term ``practices'' mean design,
financing, permitting, construction, commissioning, operation
and maintenance, and other practices that contribute to
achieving zero-net-energy commercial buildings.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) Zero-net-energy.--The term ``zero-net-energy
commercial building'' means a commercial building that is
designed, constructed, and operated to--
(A) require a greatly reduced quantity of energy to
operate;
(B) meet the balance of energy needs from sources
of energy that do not produce greenhouse gases;
(C) therefore result in no net emissions of
greenhouse gases; and
(D) be economically viable.
SEC. 142. HIGH-PERFORMANCE GREEN BUILDINGS.
(a) Establishment of Office.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish within the
Office of Energy Efficiency and Renewable Energy an Office of High-
Performance Green Buildings.
(b) Director.--
(1) Appointment.--The Secretary shall appoint an individual
to serve as Director, a position in the career-reserved Senior
Executive service, to carry out duties as required under this
subtitle.
(2) Compensation.--The compensation of the Director shall
not exceed the maximum rate of basic pay for the Senior
Executive Service under section 5382 of title 5, United States
Code, including any applicable locality-based comparability
payment that may be authorized under section 5304(h)(2)(C) of
that title.
(3) Duties.--The Director shall, with respect to Federal
facilities--
(A) identify and biennially reassess improved or
higher rating standards;
(B) identify and develop green building standards
that could be used for all types of Federal facilities;
(C) establish green practices that can be used
throughout the life of a Federal facility;
(D) review and analyze current Federal budget
practices and life-cycle costing issues, and make
recommendations to Congress, in accordance with section
145;
(E) identify within the planning, budgeting, and
construction process all types of Federal facility
procedures that inhibit new and existing Federal
facilities from becoming high-performance green
buildings;
(F) identify inconsistencies in Federal law with
respect to product acquisition guidelines for energy
efficient and environmentally preferable products;
(G) recommend actions to improve compliance by
Federal agencies with standards for environmentally
responsible acquisition;
(H) in coordination with the Office of Management
and Budget, review the budget process for capital
programs with respect to alternatives for--
(i) restructuring of budgets to require the
use of complete energy- and environmental-cost
accounting;
(ii) using operations expenditures in
budget-related decisions while simultaneously
incorporating productivity and health measures
(as those measures can be quantified by the
Office, with the assistance of universities and
national laboratories);
(iii) permitting Federal agencies to retain
all identified savings accrued as a result of
the use of life-cycle costing for future high-
performance green building initiatives; and
(iv) identifying short-term and long-term
cost savings that accrue from high-performance
green buildings, including those relating to
health and productivity;
(I) identify green, self-sustaining technologies to
address the operational needs of Federal facilities in
times of national security emergencies, natural
disasters, or other dire emergencies;
(J) in consultation with the Environmental
Protection Agency, develop and implement a
comprehensive indoor air quality program for all
Federal facilities to ensure the safety of Federal
workers and facility occupants--
(i) during new construction and renovation
of facilities; and
(ii) in existing facilities;
(K) implement the zero-energy commercial buildings
initiative under section 143; and
(L) perform such other functions as are assigned
under this subtitle.
(4) Duties.--The Director shall, with respect to
development of high performance green buildings and zero-energy
commercial buildings throughout the economy--
(A) develop the legal predicates and agreements
for, negotiate, and establish one or more public-
private partnerships with the Consortium, members of
the Consortium, and other capable counterparties
meeting the qualifications of the Consortium, to
further such development;
(B) represent the public and the Department of
Energy in negotiating and performing in accord with
such public-private partnerships; and
(C) use appropriated funds in an effective manner
to encourage the maximum investment of private funds to
achieve such development.
(5) Reporting.--The Director shall report directly to the
Assistant Secretary for Energy Efficiency and Renewable Energy,
or to other senior officials in a way that facilitates the
integrated program of this subtitle for both energy efficiency
and renewable energy and both technology development and
technology deployment.
(6) Coordination.--The Director shall ensure full
coordination of high-performance green building information and
activities, including activities under this subtitle, within
the Federal Government by working with the General Services
Administration and all relevant agencies, including, at a
minimum--
(A) the Environmental Protection Agency;
(B) the Office of the Federal Environmental
Executive;
(C) the Office of Federal Procurement Policy;
(D) the Department of Energy, particularly the
Federal Energy Management Program;
(E) the Department of Health and Human Services;
(F) the Department of Housing and Urban
Development;
(G) the Department of Defense;
(H) such other Federal agencies as the Director
considers to be appropriate; and
(I) such nonprofit green building rating and
analysis entities as the Director determines can offer
support, expertise, and review services.
(c) Green Building Partnership Consortium.--
(1) Recognition.--Not later than 90 days after the date of
enactment of this Act, the Director shall formally recognize
one or more groups that qualify as a green building partnership
consortium.
(2) Representation to qualify.--To qualify under this
section, any consortium shall include representation from--
(A) the design professions, including national
associations of architects and of professional
engineers;
(B) the development, construction, financial, and
real estate industries;
(C) building owners and operators from the public
and private sectors;
(D) academic and research organizations, including
at least one national laboratory with extensive
commercial building energy expertise;
(E) building code agencies and organizations,
including a model energy code-setting organization;
(F) independent green building associations or
councils;
(G) experts in indoor air quality and environmental
factors;
(H) experts in intelligent buildings and integrated
building information systems;
(I) utility energy efficiency programs; and
(J) nongovernmental energy efficiency
organizations.
(3) Funding.--The Secretary may make payments to the
Consortium pursuant to the terms of a public-private
partnership for such activities of the Consortium undertaken
under such a partnership as described in this subtitle directly
to the Consortium or through one or more of its members.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, and biennially thereafter, the Director, in consultation with
the Consortium, shall submit to Congress a report that--
(1) describes the status of the green building initiatives
under this subtitle and other Federal programs in effect as of
the date of the report, including--
(A) the extent to which the programs are being
carried out in accordance with this subtitle; and
(B) the status of funding requests and
appropriations for those programs;
(2) summarizes and highlights development, at the State and
local level, of green building initiatives, including executive
orders, policies, or laws adopted promoting green building
(including the status of implementation of those initiatives);
and
(3) includes, for the 2-year period covered by the report,
recommendations to address each of the matters, and a plan for
implementation of each recommendation, described in paragraph
(1) of this subsection and subparagraphs (E) through (I) of
subsection (b)(3).
SEC. 143. ZERO-ENERGY COMMERCIAL BUILDINGS INITIATIVE.
(a) Goal.--The Director, in partnership with the Consortium, shall
periodically study and refine a national goal to reduce commercial
building energy use and achieve zero-net-energy commercial buildings.
Unless the Director concludes that such targets are unachievable or
unrealistic, the goal shall include objectives that--
(1) all new commercial buildings constructed after the
beginning of 2025 are zero-net-energy commercial buildings;
(2) by 2035, 50 percent of the then existing stock of
commercial buildings that were constructed before 2025 are
zero-net-energy commercial buildings; and
(3) by 2050, all commercial buildings are zero-net-energy
commercial buildings.
(b) Strategy.--
(1) In general.--The Director, in partnership with the
Consortium, shall develop a market transformation strategy
intended to achieve the adopted goal by significantly
accelerating the development and widespread deployment of
energy efficiency technologies, practices, and policies in both
new and existing commercial buildings, and by leveraging State,
utility, and private sector commercial building energy
efficiency programs.
(2) Federal compliance with goal.--The Director, in
partnership with the Consortium, shall further identify and
adopt a strategy leading to zero-net-energy performance for all
Federal buildings in accordance with the adopted goal.
(c) Initiative.--The Director, in partnership with the Consortium,
shall implement an initiative to carry out the strategy that may
include--
(1) support for industry efforts to develop advanced
materials, equipment, controls, practices, and integrated
building systems aimed at achieving zero-net-energy commercial
buildings and monitoring and benchmarking commercial building
energy use;
(2) training, education, and awareness programs,
including--
(A) programs in cooperation with industry and
professional associations and educational institutions
to provide education on achieving sustainable and
energy-efficient performance through proper system and
structure design, construction, and operation to--
(i) architects;
(ii) mechanical, electrical, and plumbing
engineers;
(iii) contractors; and
(iv) construction managers and facility
managers;
(B) programs to incorporate energy efficiency and
sustainability elements into architecture, engineering,
and vocational training and certification curricula,
including professional certification and continuing
education programs; and
(C) regional and national public education
campaigns to educate real estate, finance, and other
commercial buildings professionals and the general
public about the opportunities for energy and cost
savings and associated environmental and health
benefits associated with high performance green
buildings;
(3) pilot projects to demonstrate and document the
performance of scalable and replicable technologies, practices,
and policies to achieve high-performance green buildings and
zero-net-energy commercial buildings, including--
(A) pilot projects representing each market segment
or building type in each climate region that include
current best practice in integrated design, technology
and systems, construction, commissioning, operation,
and building information management;
(B) pilot projects, in cooperation with State and
local governments, in public buildings; and
(C) pilot projects, in cooperation with public
school districts and colleges and universities, to--
(i) demonstrate such technologies and
practices in new and existing facilities;
(ii) involve students and faculty members
in integrating energy efficiency and green
building concepts and measures within the
educational curriculum; and
(iii) use education facilities as showcases
to communicate these concepts to the community;
(4) technical assistance and funding of pilot projects for
the development and use of new building energy design
standards, model designs, model energy codes, and incentives
and other policies, to be provided to designers, builders,
developers, commercial building owners, and utility and
government energy efficiency programs, including--
(A) support for code and standards organizations to
develop aggressive model energy codes, beyond-code
guidelines, and code compliance programs for new and
existing buildings;
(B) assistance to utilities, builders, and State
and local officials in developing, implementing, and
evaluating pilot programs to achieve building design
and actual energy performance that meet and exceed
performance levels in the model energy codes; and
(C) support for development and dissemination of
model programs and policies that provide incentives for
high performance green buildings, such as accelerated
zoning and construction permitting and inspections,
density bonuses, and State and local tax incentives;
(5) technical assistance and funding of pilot projects for
innovative market-based initiatives to advance energy-efficient
technologies and practices in new and existing commercial
buildings, provided to State agencies, utilities, and other
entities, including--
(A) design assistance and incentives for
incorporating sustainability and energy efficiency
beginning with the first stages of building design and
continuing through start-up commissioning and long-term
operation;
(B) performance-based design and construction fees
for high performance green construction and renovation;
(C) equipment leasing and financing strategies for
energy efficiency upgrades of new and replacement
commercial building equipment;
(D) trade-in programs for early retirement of low-
efficiency commercial building equipment and system
components, such as motors, air conditioners, boilers,
lighting, and windows;
(E) improved methods of energy performance
contracting to reduce transaction costs and encourage
the use of third-party funding and expertise for
energy-efficient retrofitting of existing commercial
buildings;
(F) improved model protocols for commercial
building energy audits, energy performance measurement
and verification, continuous commissioning, and ongoing
performance monitoring and diagnostics; and
(G) strategies to reduce barriers to energy
efficiency investment by addressing split incentives
between commercial building owners and tenants;
(6) development, dissemination, technical assistance, and
pilot project activities to improve the practice of monitoring,
benchmarking, and disclosure of actual commercial building
energy performance and operating costs, including--
(A) improved methods of measuring and compiling
energy performance data on a statistically significant
share of commercial new construction, renovation, and
energy retrofit projects;
(B) development and dissemination of energy
performance metrics for the commercial building stock
and for important subcategories of commercial
buildings;
(C) improved methods of providing energy
performance feedback to commercial building owners,
operators, and occupants, including real-time feedback
and comparisons to performance goals, past performance,
and similar buildings;
(D) voluntary programs at the national, regional,
and sectoral levels to recognize and reward commercial
buildings with exceptional performance or performance
improvement; and
(E) increased availability and use of tools for
post occupancy assessment of energy efficiency and
occupant satisfaction with commercial high performance
green buildings, and for measuring and documenting non-
energy financial and other benefits of such buildings;
(7) in cooperation with the Energy Information
Administration and with utility, State, and private sector
organizations, development and application of improved methods
for assessing trends in the energy performance of the
commercial buildings stock, new construction, and building
renovations, by building type and region, in order to track
progress toward the goals adopted under subsection (a); and
(8) such otherwise authorized activities that the Secretary
and the Director determine are necessary to the success of the
initiative.
SEC. 144. PUBLIC OUTREACH.
The Director, in coordination with the Consortium, shall carry out
public outreach to inform individuals and entities of the information
and services available Governmentwide by--
(1) establishing and maintaining a national high-
performance green building clearinghouse, including on the
internet, that--
(A) identifies existing similar efforts and
coordinates activities of common interest; and
(B) provides information relating to high-
performance green buildings, including hyperlinks to
internet sites that describe the activities,
information, and resources of--
(i) the Federal Government;
(ii) State and local governments;
(iii) the private sector (including
nongovernmental and nonprofit entities and
organizations); and
(iv) international organizations;
(2) identifying and recommending educational resources for
implementing high-performance green building practices,
including security and emergency benefits and practices;
(3) providing access to technical assistance on using tools
and resources to make more cost-effective, energy-efficient,
health-protective, and environmentally beneficial decisions for
constructing high-performance green buildings, particularly
tools available to conduct life-cycle costing and life-cycle
assessment;
(4) providing information on application processes for
certifying a high-performance green building, including
certification and commissioning;
(5) providing technical information, market research, or
other forms of assistance or advice that would be useful in
planning and constructing high-performance green buildings;
(6) using such other methods as are determined by the
Director to be appropriate;
(7) surveying existing research and studies relating to
high-performance green buildings;
(8) coordinating activities of common interest;
(9) developing and recommending a high-performance green
building practices that--
(A) identify information and research needs,
including the relationships between health, occupant
productivity, and each of--
(i) pollutant emissions from materials and
products in the building;
(ii) natural day lighting;
(iii) ventilation choices and technologies;
(iv) heating, cooling, and system control
choices and technologies;
(v) moisture control and mold;
(vi) maintenance, cleaning, and pest
control activities;
(vii) acoustics; and
(viii) other issues relating to the health,
comfort, productivity, and performance of
occupants of the building; and
(B) promote the development and dissemination of
high-performance green building measurement tools that,
at a minimum, may be used--
(i) to monitor and assess the life-cycle
performance of facilities (including
demonstration projects) built as high-
performance green buildings; and
(ii) to perform life-cycle assessments;
(10) assisting the budget and life-cycle costing functions
of the Office under section 145;
(11) studying and identifying potential benefits of green
buildings relating to security, natural disaster, and emergency
needs of the Federal Government; and
(12) supporting other research initiatives determined by
the Office.
SEC. 145. BUDGET AND LIFE-CYCLE COSTING AND CONTRACTING.
The Director, in coordination with the Consortium, shall--
(1) identify, review, and analyze current budget and
contracting practices that affect achievement of high-
performance green buildings, including the identification of
barriers to green building life-cycle costing and budgetary
issues;
(2) develop guidance and conduct training sessions with
budget specialists and contracting personnel from Federal
agencies and budget examiners to apply life-cycle cost criteria
to actual projects;
(3) identify tools to aid life-cycle cost decision-making;
and
(4) explore the feasibility of incorporating the benefits
of green buildings, such as security benefits, into a cost-
budget analysis to aid in life-cycle costing for budget and
decision making processes.
SEC. 146. INCENTIVES.
As soon as practicable after the date of enactment of this Act, the
Director shall identify incentives to encourage the use of green
buildings and related technology in the operations of the Federal
Government, including through--
(1) the provision of recognition awards; and
(2) the maximum feasible retention of financial savings in
the annual budgets of Federal agencies for use in reinvesting
in future green building initiatives.
SEC. 147. FEDERAL PROCUREMENT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Director of the Office of Federal Procurement Policy,
in consultation with the Director and the Under Secretary of Defense
for Acquisition, Technology, and Logistics, shall promulgate revisions
of the applicable acquisition regulations, to take effect as of the
date of promulgation of the revisions--
(1) to direct any Federal procurement executives involved
in the acquisition, construction, or major renovation
(including contracting for the construction or major
renovation) of any facility--
(A) to employ integrated design principles;
(B) to improve site selection for environmental and
community benefits;
(C) to optimize building and systems energy
performance;
(D) to protect and conserve water;
(E) to enhance indoor environmental quality; and
(F) to reduce environmental impacts of materials
and waste flows; and
(2) to direct Federal procurement executives involved in
leasing buildings, to give preference to the lease of
facilities that--
(A) are energy-efficient; and
(B) to the maximum extent practicable, have applied
contemporary high-performance and sustainable design
principles during construction or renovation.
(b) Guidance.--Not later than 90 days after the date of
promulgation of the revised regulations under subsection (a), the
Director of the Office of Procurement Policy shall issue guidance to
all Federal procurement executives providing direction and instructions
to renegotiate the design of proposed facilities, renovations for
existing facilities, and leased facilities to incorporate improvements
that are consistent with this section.
SEC. 148. 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) Facility energy managers.--
``(A) In general.--Each Federal agency shall
designate a manager responsible for implementing this
subsection and reducing energy use at each building or
facility that meets criteria under subparagraph (B).
``(B) Covered facilities.--The Secretary shall
develop criteria, after consultation with affected
agencies, energy efficiency advocates, and energy and
utility service providers, that cover buildings and
facilities, including central utility plants and
distribution systems and other energy intensive
operations, comprising at least two-thirds of total
Federal building and facility energy use.
``(2) Energy and water evaluations and commissioning.--
``(A) Evaluations.--Not later than 18 months after
the date of enactment of this subsection, and every 5
years thereafter, each energy manager shall complete a
comprehensive energy and water evaluation for each
building or facility that meets criteria under
paragraph (1)(B).
``(B) Recommissioning and retrofitting.--As part of
the evaluation under subparagraph (A) or on the same
schedule the energy manager shall recommission and
retrofit each such building and facility if applicable.
``(3) Implementation of identified energy and water
efficiency measures.--
``(A) In general.--Not later than 2 years after the
completion of each evaluation under paragraph (1), each
energy manager--
``(i) shall fully implement each energy and
water-saving measure identified in the
evaluation conducted under paragraph (2) that
is life-cycle cost-effective and has a 12-year
or shorter simple payback period;
``(ii) may implement any energy or water-
saving measure that the Federal agency
identified in the evaluation conducted under
paragraph (1) that is life-cycle cost-effective
and has longer than a 12-year simple payback
period; and
``(iii) may bundle individual measures of
varying paybacks together into combined
projects.
``(B) Payback period.--For the purpose of
subparagraph (A), the simple payback period of 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; and
``(ii) operations, maintenance, repair,
replacement, and other direct costs.
``(D) Exceptions.--The Secretary may modify or make
exceptions to the calculation of a 12-year simple
payback under this paragraph in the guidelines issued
by the Secretary under paragraph (5).
``(E) Life-cycle cost-effective.--For the purpose
of subparagraph (A), determination of whether a measure
is life-cycle cost-effective shall use methods and
procedures developed pursuant to section 544.
``(4) Follow-up on implemented measures.--For each measure
implemented under paragraph (3), each energy manager shall
ensure that--
``(A) equipment, including building and equipment
controls, is fully commissioned at acceptance to be
operating at design specifications;
``(B) a plan for appropriate operations,
maintenance, and repair of the equipment is in place at
acceptance and is followed;
``(C) equipment and system performance is measured
during its entire life to ensure proper operations,
maintenance, and repair; and
``(D) energy and water savings are measured and
verified.
``(5) Guidelines.--
``(A) In general.--The Secretary shall issue
guidelines and necessary criteria that each Federal
agency shall follow for implementation of--
``(i) paragraphs (1) and (2) not later than
180 days after the date of enactment of this
subsection; and
``(ii) paragraphs (3) and (4) not later
than 1 year 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 (9), but may distinguish between different
types of measures project size, and other criteria the
Secretary determines are relevant.
``(6) Web-based certification.--
``(A) In general.--For each building or facility
that meets the criteria established by the Secretary
under paragraph (1), the energy manager shall use the
web-based tracking system under subparagraph (B) to
certify compliance with the requirements for--
``(i) energy and water evaluations and
recommissioning and retrofitting under
paragraph (2);
``(ii) implementation of identified energy
and water measures under paragraph (3); and
``(iii) follow-up on implemented measures
under paragraph (4).
``(B) Deployment.--
``(i) In general.--Not later than 1 year
after the date of enactment of this subsection,
the Secretary shall develop and deploy the web-
based tracking system required under this
paragraph in a manner that tracks, at a
minimum--
``(I) the covered buildings and
facilities;
``(II) the status of meeting the
requirements specified in subparagraph
(A);
``(III) the estimated cost and
savings for measures required to be
implemented in a building or facility;
and
``(IV) the measured savings and
persistence of savings for implemented
measures.
``(ii) Ease of compliance.--The Secretary
shall ensure that energy manager compliance
with the requirements in this paragraph, to the
greatest extent practicable, can be
accomplished with the use of streamlined
procedures, and templates that minimize the
time demands on Federal employees.
``(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.
``(7) Benchmarking of federal facilities.--
``(A) In general.--The energy manager shall enter
energy use data for each building or facility that
meets the criteria established by the Secretary under
paragraph (1) 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.
``(8) Federal agency scorecards.--
``(A) In general.--The Director of the Office of
Management and Budget shall issue semiannual scorecards
for energy management activities carried out by each
Federal agency that includes--
``(i) summaries of the status of
implementing the various requirements of the
agency and its energy managers under this
subsection; 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.
``(9) Funding and implementation.--
``(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 this
subsection, 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 service 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 this
subsection.
``(C) Implementation.--Each Federal agency may
implement the requirements under this subsection itself
or may contract out performance of some or all of the
requirements.
``(10) Rule of construction.--This subsection shall not be
construed either to require or to obviate any contractor
savings guarantees.''.
SEC. 149. DEMONSTRATION PROJECT.
(a) In General.--The Director shall establish guidelines to
implement a demonstration project to contribute to the research goals
of the Office.
(b) Projects.--In accordance with guidelines established by the
Director under subsection (a) and the duties of the Director described
in this subtitle, the Director shall carry out--
(1) for each of fiscal years 2009 through 2014, 1
demonstration project in a Federal building selected by the
Director in accordance with relevant agencies and described in
subsection (c)(1), that--
(A) provides for the evaluation of the information
obtained through the conduct of projects and activities
under this subtitle; and
(B) achieves the highest rating offered by an
existing high-performance green building rating system
that is developed through a consensus-based process,
provides minimum requirements in all performance
categories, requires substantiating documentation and
verifiable calculations, employs third-party post-
construction review and verification, and is nationally
recognized within the building industry;
(2) no fewer than 4 demonstration projects at 4
universities, that, as competitively selected by the director
in accordance with subsection (c)(2), have--
(A) appropriate research resources and relevant
projects to meet the goals of the demonstration project
established by the Office; and
(B) the ability--
(i) to serve as a model for high-
performance green building initiatives,
including research and education;
(ii) to identify the most effective ways o
use high-performance green building and
landscape technologies to engage and educate
undergraduate and graduate students;
(iii) to effectively implement a high-
performance green building education program
for students and occupants;
(iv) to demonstrate the effectiveness of
various high-performance technologies in each
of the 4 climatic regions of the United States
described in subsection (c)(2)(B); and
(v) to explore quantifiable and non-
quantifiable beneficial impacts on public
health and employee and student performance;
(3) demonstration projects to evaluate replicable
approaches to achieving various types of commercial buildings
in various climates; and
(4) deployment activities to disseminate information on and
encourage widespread adoption of technologies, practices, and
policies to achieve zero-net-energy commercial buildings or low
energy use and effective monitoring of energy use in commercial
buildings.
(c) Criteria.--
(1) Federal facilities.--With respect to the existing or
proposed Federal facility at which a demonstration project
under this section is conducted, the Federal facility shall--
(A) be an appropriate model for a project relating
to--
(i) the effectiveness of high-performance
technologies;
(ii) analysis of materials, components,
systems, and emergency operations in the
building, and the impact of those materials,
components, and systems, including the impact
on the health of building occupants;
(iii) life-cycle costing and life-cycle
assessment of building materials and systems;
and
(iv) location and design that promote
access to the Federal facility through walking,
biking, and mass transit; and
(B) possess sufficient technological and
organizational adaptability.
(2) Universities.--With respect to the 4 universities at
which a demonstration project under this section is conducted--
(A) the universities should be selected, after
careful review of all applications received containing
the required information, as determined by the
Director, based on--
(i) successful and established public-
private research and development partnerships;
(ii) demonstrated capabilities to construct
or renovate buildings that meet high indoor
environmental quality standards;
(iii) organizational flexibility;
(iv) technological adaptability;
(v) the demonstrated capacity of at least 1
university to replicate lessons learned among
nearby or sister universities, preferably by
participation in groups or consortia that
promote sustainability;
(vi) the demonstrated capacity of at least
1 university to have officially-adopted,
institution-wide ``green building'' guidelines
for all campus building projects; and
(vii) the demonstrated capacity of at least
1 university to have been recognized by similar
institutions as a national leader in
sustainability education and curriculum for
students of the university; and
(B) each university shall be located in a different
climatic region of the United States, each of which
regions shall have, as determined by the Office--
(i) a hot, dry climate;
(ii) a hot, humid climate;
(iii) a cold climate; or
(iv) a temperate climate (including a
climate with cold winters and humid summers).
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter through September 30, 2014--
(1) the Director shall submit to the Secretary a report
that describes the status of the demonstration projects; and
(2) each University at which a demonstration project under
this section is conducted shall submit to the Secretary a
report that describes the status of the demonstration projects
under this section.
SEC. 150. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS.
(a) In General.--
(1) Not later than 90 days after the date of enactment of
this Act, the Secretary of Energy and Administrator of the
Environmental Protection Agency shall jointly, after consulting
with information technology industry and other interested
parties, initiate a voluntary national information program for
those types of data centers and data center equipment and
facilities that are widely used and for which there is a
potential for significant data center energy savings as a
result of such program.
(2) Such program shall--
(A) consistent with the objectives of paragraph
(1), determine the type of data center and data center
equipment and facilities to be covered under such
program; and
(B) include specifications, measurements, and
benchmarks that will enable data center operators to
make more informed decisions about the energy
efficiency and costs of data centers, and that--
(i) reflect the total energy consumption of
data centers, including both equipment and
facilities, taking into account--
(I) the performance and utilization
of servers, data storage devices, and
other information technology equipment;
(II) the efficiency of heating,
ventilation, and air conditioning,
cooling, and power conditioning
systems;
(III) energy savings from the
adoption of software and data
management techniques; and
(IV) other factors determined by
the organization described in
subsection (b);
(ii) allow for creation of separate
specifications, measurements, and benchmarks
based on data center size and function, as well
as other appropriate characteristics determined
by the organization described in subsection
(b);
(iii) advance the design and implementation
of efficiency technologies to the maximum
extent economically practical; and
(iv) provide to data center operators in
the private sector and the Federal Government
information about best practices and purchasing
decisions that reduce the energy consumption of
data centers;
(C) publish the information described in
subparagraph (B), which may be disseminated through
catalogs, trade publications, the Internet, or other
mechanisms, that will allow data center operators to
assess the energy consumption and potential cost
savings of alternative data centers and data center
equipment and facilities; and
(D) not later than 1 year after the date of
enactment of this Act, and thereafter on an ongoing
basis, transmit the information described in
subparagraph (B) to the Secretary and the
Administrator.
(3) Such program shall be developed and coordinated by the
data center efficiency organization described in subsection (b)
according to commonly accepted procedures for the development
of specifications, measurements, and benchmarks.
(b) Data Center Efficiency Organization.--Upon creation of the
program under subsection (a), the Secretary and the Administrator shall
jointly designate an information technology industry organization to
coordinate the program. Such organization, whether preexisting or
formed specifically for the purposes of subsection (a), shall--
(1) consist of interested parties that have expertise in
energy efficiency and in the development, operation, and
functionality of computer data centers, information technology
equipment, and software, as well as representatives of hardware
manufacturers, data center operators, and facility managers;
(2) obtain and address input from Department of Energy
National Laboratories or any college, university, research
institution, industry association, company, or public interest
group with applicable expertise in any of the areas listed in
paragraph (1) of this subsection;
(3) follow commonly accepted procedures for the development
of specifications and accredited standards development
processes;
(4) have a mission to develop and promote energy efficiency
for data centers and information technology; and
(5) have the primary responsibility to oversee the
development and publishing of the information, measurements,
and benchmarks described in subsection (a) and transmission of
such information to the Secretary and the Administrator for
their adoption under subsection (c).
(c) Adoption of Specifications.--The Secretary and the
Administrator shall jointly, in accordance with the requirements of
section 12(d) of the National Technology Transfer Advancement Act of
1995, adopt and publish the specifications, measurements, and
benchmarks described in subsection (a) for use by the Federal Energy
Management Program and the Energy Star program as energy efficiency
requirements for the purposes of those programs.
(d) Monitoring.--The Secretary and the Administrator shall jointly
monitor and evaluate the efforts to develop the program described in
subsection (a) and, not later than 3 years after the date of enactment
of this Act, shall make a determination as to whether such program is
consistent with the objectives of subsection (a).
(e) Alternative System.--If the Secretary and the Administrator
make a determination under subsection (d) that a voluntary national
information program for data centers consistent with the objectives of
subsection (a) has not been developed, the Secretary and the
Administrator shall jointly, after consultation with the National
Institute of Standards and Technology, develop, not later than 2 years
after such determination, and implement the program under subsection
(a).
(f) Protection of Proprietary Information.--The Secretary, the
Administrator, or the data center efficiency organization shall not
disclose any proprietary information or trade secrets provided by any
individual or company for the purposes of carrying out this program.
(g) Definitions.--For purposes of this section:
(1) The term ``data center'' means any facility that
primarily contains electronic equipment used to process, store,
and transmit digital information, which may be--
(A) a free-standing structure; or
(B) a facility within a larger structure, that
utilizes environmental control equipment to maintain
the proper conditions for the operation of electronic
equipment.
(2) The term ``data center operator'' means any person or
government entity that builds or operates a data center or
purchases data center services, equipment, and facilities.
SEC. 151. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to amounts authorized under
subsections (b), (c), and (d), there are authorized to be appropriated
to carry out this subtitle--
(1) $10,000,000 for fiscal year 2008; and
(2) $20,000,000 for each of the fiscal years 2009 through
2014, to remain available until expended.
(b) Zero-Energy Commercial Buildings Initiative.--There are
authorized to be appropriated to carry out the initiative described in
section 143--
(1) $20,000,000 for fiscal year 2008;
(2) $50,000,000 for each of fiscal years 2009 and 2010;
(3) $100,000,000 for each of fiscal years 2011 and 2012;
and
(4) $200,000,000 for each of fiscal years 2013 through
2050.
(c) Demonstration Projects.--
(1) Federal demonstration project.--There are authorized to
be appropriated to carry out the Federal demonstration project
described in section 149(b)(1) $10,000,000 for the period of
fiscal years 2009 through 2014, to remain available until
expended.
(2) University demonstration projects.--There are
authorized to be appropriated to carry out the university
demonstration projects described in section 149(b)(2)
$10,000,000 for the period of fiscal years 2009 through 2014,
to remain available until expended.
(d) Energy Efficiency for Data Center Buildings.--There are
authorized to be appropriated to each of the Secretary and the
Administrator for carrying out section 150 $250,000 for each of the
fiscal years 2008 through 2012.
SEC. 152. STUDY AND REPORT ON USE OF POWER MANAGEMENT SOFTWARE.
(a) Study.--The Secretary of Energy, through the Federal Energy
Management Program, shall conduct a study on the use of power
management software by the Department of Energy and Federal facilities
to reduce the use of electricity in computer monitors and personal
computers.
(b) Report.--Not later than 60 days after the date of enactment of
the Act, the Secretary shall submit to Congress a report containing the
results of the study under subsection (a), including a description of
the recommendations developed under the study. The Secretary and the
Federal Energy Management Program are encouraged to draw upon similar
studies and efforts by other Federal entities on power management
software.
Subtitle E--Industrial Energy Efficiency
SEC. 161. INDUSTRIAL ENERGY EFFICIENCY.
(a) Amendment.--Title III of the Energy Conservation and Policy Act
(42 U.S.C. 6201 and following) is amended by adding the following after
part D:
``PART E--INDUSTRIAL ENERGY EFFICIENCY
``SEC. 371. SURVEY OF WASTE INDUSTRIAL ENERGY RECOVERY AND POTENTIAL
USE.
``Congress finds that--
``(1) the Nation should encourage the use of otherwise
wasted energy and the development of combined heat and power
and other waste energy recovery projects where there is wasted
thermal energy in large volumes at potentially useful
temperatures;
``(2) such projects would increase energy efficiency and
lower pollution by generating power with no incremental fossil
fuel consumption;
``(3) because recovered waste energy and combined heat and
power projects are associated with end-uses of thermal energy
and electricity at the local level, they help avoid new
transmission lines, reduce line losses, reduce local air
pollutant emissions, and reduce vulnerability to extreme
weather and terrorism; and
``(4) States, localities, electric utilities, and other
electricity customers may benefit from private investments in
recovered waste energy and combined heat and power projects at
industrial and commercial sites by avoiding generation,
transmission and distribution expenses, and transmission line
loss expenses that may otherwise be required to be recovered
from ratepayers.
``SEC. 372. DEFINITIONS.
``For purposes of this Part:
``(1) The term `Administrator' means the Administrator of
the Environmental Protection Agency.
``(2) The term `waste energy' means--
``(A) exhaust heat and flared gases from any
industrial process;
``(B) waste gas or industrial tail gas that would
otherwise be flared, incinerated or vented;
``(C) a pressure drop in any gas, excluding any
pressure drop to a condenser that subsequently vents
the resulting heat; and
``(D) such other forms of waste energy as the
Administrator may identify.
``(3) The term `recoverable waste energy' means waste
energy from which electricity or useful thermal energy may be
recovered through modification of existing facilities or
addition of new facilities.
``(4) The term `net excess power' means, for any facility,
recoverable waste energy recovered in the form of electricity
in amounts exceeding the total consumption of electricity at
the specific time of generation on the site where the facility
is located.
``(5) The term `useful thermal energy' is energy in the
forms of direct heat, steam, hot water, or other thermal forms
that is used in production and beneficial measures for heating,
cooling, humidity control, process use, or other valid thermal
end-use energy requirements, and for which fuel or electricity
would otherwise be consumed.
``(6) The term `combined heat and power system' means a
facility--
``(A) that simultaneously and efficiently produces
useful thermal energy and electricity; and
``(B) that recovers not less than 60 percent of the
energy value in the fuel (on a lower-heating-value
basis) in the form of useful thermal energy and
electricity.
``(7) The terms `electric utility', `State regulated
electric utility', `nonregulated electric utility' and other
terms used in this Part have the same meanings as when such
terms are used in title I of the Public Utility Regulatory
Policies Act of 1978 (relating to retail regulatory policies
for electric utilities).
``SEC. 373. SURVEY AND REGISTRY.
``(a) Recoverable Waste-Energy Inventory Program.--The
Administrator, in cooperation with State energy offices, shall
establish a Recoverable Waste-Energy Inventory Program. The program
shall include an ongoing survey of all major industrial and large
commercial combustion sources in the United States and the sites where
these are located, together with a review of each for quantity and
quality of waste energy.
``(b) Criteria.--The Administrator shall, within 120 days after the
enactment of this section, develop and publish proposed criteria
subject to notice and comment, and within 270 days of enactment,
establish final criteria, to identify and designate those sources and
sites in the inventory under subsection (a) where recoverable waste
energy projects or combined heat and power system projects may have
economic feasibility with a payback of invested costs within 5 years or
less from the date of first full project operation (including
incentives offered under this Part). Such criteria will include
standards that insure that projects proposed for inclusion in the
Registry are not developed for the primary purpose of making sales of
excess electric power under the regulatory treatment provided under
this Part.
``(c) Technical Support.--The Administrator shall provide to owners
or operators of combustion sources technical support and offer partial
funding (up to one-half of total costs) for feasibility studies to
confirm whether or not investment in recovery of waste energy or
combined heat and power at that source would offer a payback period of
5 years or less.
``(d) Registry.--(1) The Administrator shall, within one year after
the enactment of this section, establish a Registry of Recoverable
Waste-energy Sources, and sites on which those sources are located,
which meet the criteria set forth under subsection (b). The
Administrator shall update the Registry on not less than a monthly
basis, and make the Registry accessible to the public on the
Environmental Protection Agency web site. Any State or electric utility
may contest the listing of any source or site by submitting a petition
to the Administrator.
``(2) The Administrator shall register and include on the Registry
all sites meeting the criteria of subsection (b). The Administrator
shall calculate the total amounts of potentially recoverable waste
energy from sources at such sites, nationally and by State, and shall
make such totals public, together with information on the air pollutant
and greenhouse gas emissions savings that might be achieved with
recovery of the waste energy from all sources and sites listed in the
Registry.
``(3) The Administrator shall notify owners or operators of
Recoverable Waste-Energy Sources and sites listed in the Registry prior
to publishing the listing. The owner or operator of sources at such
sites may elect to have detailed quantitative information concerning
that site not made public by notifying the Administrator of that
election. Information concerning that site shall be included in State
totals unless there are fewer than 3 sites in the State.
``(4) As waste energy projects achieve successful recovery of waste
energy, the Administrator shall remove the related sites or sources
from the Registry, and shall designate the removed projects as eligible
for the incentive provisions provided under this Part and the
regulatory treatment required by this Part. No project shall be removed
from the Registry without the consent of the owner or operator of the
project if the owner or operator has submitted a petition under section
375 and such petition has not been acted upon or denied.
``(5) The Administrator shall not list any source constructed after
the date of the enactment of this Part on the Registry if the
Administrator determines that such source--
``(A) was developed for the primary purpose of making sales
of excess electric power under the regulatory treatment
provided under this Part; or
``(B) does not capture at least 60 percent of the total
energy value of the fuels used (on a lower-heating-value basis)
in the form of useful thermal energy, electricity, mechanical
energy, chemical output, or some combination of them.
``(e) Self-Certification.--Owners, operators, or third-party
developers of industrial waste-energy projects that qualify under
standards established by the Administrator may self-certify their sites
or sources to the Administrator for inclusion in the Registry, subject
to procedures adopted by the Administrator. To prevent a fraudulent
listing, the sources shall be included on the Registry only if the
Administrator confirms the submitted data, at the Administrator's
discretion.
``(f) New Facilities.--As a new energy-consuming industrial
facility is developed after the enactment of this Part, to the extent
it may constitute a site with recoverable waste energy that may qualify
for the Registry, the Administrator may elect to include it in the
Registry at the request of its owner or operator or developer on a
conditional basis, removing the site if its development ceases or it if
fails to qualify for listing under this Part.
``(g) Optimum Means of Recovery.--For each site listed in the
Registry, at the request of the owner or operator of the site, the
Administrator shall offer, in cooperation with Clean Energy Application
Centers operated by the Secretary of Energy, suggestions of optimum
means of recovery of value from waste energy stream in the form of
electricity, useful thermal energy, or other energy-related products.
``(h) Revision.--Each annual State report under section 548(a) of
the National Energy Conservation Policy Act shall include the results
of the survey for that State under this section.
``(i) Authorization.--There are authorized to be appropriated to
the Administrator for the purposes of creating and maintaining the
Registry and services authorized by this section not more than
$1,000,000 for each of fiscal years 2008, 2009, 2010, 2010, and 2012
and not more than $5,000,000 to the States to provide funding for State
energy office functions under this section.
``SEC. 374. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM.
``(a) Establishment of Program.--There is established in the
Environmental Protection Agency a Waste Energy Recovery Incentive Grant
Program to provide incentive grants to owners and operators of projects
that successfully produce electricity or incremental useful thermal
energy from waste energy recovery (and to utilities purchasing or
distributing such electricity) and to reward States that have achieved
80 percent or more of identified waste-heat recovery opportunities.
``(b) Grants to Projects and Utilities.--
``(1) In general.--The Administrator shall make grants to
the owners or operators of waste energy recovery projects, and,
in the case of excess power purchased or transmitted by a
electric utility, to such utility. Grants may only be made upon
receipt of proof of waste energy recovery or excess electricity
generation, or both, from the project in a form prescribed by
the Administrator, by rule.
``(2) Excess electric energy.--In the case of waste energy
recovery, the grants under this section shall be made at the
rate of $10 per megawatt hour of documented electricity
produced from recovered waste energy (or by prevention of waste
energy in the case of a new facility) by the project during the
first 3 calendar years of such production, beginning on or
after the date of enactment of this Part. If the project
produces net excess power and an electric utility purchases or
transmits the excess power, 50 percent of so much of such grant
as is attributable to the net excess power shall be paid to the
electric utility purchasing or transporting the net excess
power.
``(3) Useful thermal energy.--In the case of waste energy
recovery that produces useful thermal energy that is used for a
purpose different from that for which the project is
principally designed, the grants under this section shall be
made to the owner or operator of the waste energy recovery
project at the rate of $10 for each 3,412,000 Btus of such
excess thermal energy used for such different purpose.
``(c) Grants to States.--In the case of States that have achieved
80 percent or more of waste-heat recovery opportunities identified by
the Administrator under this Part, the Administrator shall make grants
to the States of up to $1,000 per Megawatt of waste-heat capacity
recovered (or its thermal equivalent) to support State-level programs
to identify and achieve additional energy efficiency.
``(d) Eligibility.--The Administrator shall establish rules and
guidelines to establish eligibility for grants, shall make the grant
program known to those listed in the Registry, and shall offer such
grants on the basis of the merits of each project in recovering or
preventing waste energy throughout the United States on an impartial,
objective, and not unduly discriminatory basis.
``(e) Authorization.--(1) There is authorized to be appropriated to
the Administrator $100,000,000 for fiscal year 2008, and $200,000,000
for each of fiscal years 2009, 2010, 2011, and 2012 for grants under
subsection (b) of this section, and such additional amounts during
those years and thereafter as may be necessary for administration of
the Waste Energy Recovery Incentive Grant Program.
``(2) There is authorized to be appropriated to the Administrator
not more than $10,000,000 for each of the first five fiscal years after
the enactment of this Part, to be available until expended for purposes
of grants to States under subsection (c).
``SEC. 375. ADDITIONAL INCENTIVES FOR RECOVERY, UTILIZATION AND
PREVENTION OF INDUSTRIAL WASTE ENERGY.
``(a) Consideration of Standard.--Not later than 180 days after the
receipt by a State regulatory authority (with respect to each electric
utility for which it has ratemaking authority), or nonregulated
electric utility, of a request from a project sponsor or owner or
operator, the State regulatory authority or nonregulated electric
utility shall provide public notice and conduct a hearing respecting
the standard established by subsection (b) and, on the basis of such
hearing, shall consider and make a determination whether or not it is
appropriate to implement such standard to carry out the purposes of
this Part. For purposes of any such determination and any review of
such determination in any court the purposes of this section supplement
otherwise applicable State law. Nothing in this Part prohibits any
State regulatory authority or nonregulated electric utility from making
any determination that it is not appropriate to adopt any such
standard, pursuant to its authority under otherwise applicable State
law.
``(b) Standard for Sales of Excess Power.--For purposes of this
section, the standard referred to in subsection (a) shall provide that
an owner or operator of a waste energy recovery project identified on
the Registry who generates net excess power shall be eligible to
benefit from at least one of the options described in subsection (c)
for disposal of the net excess power in accordance with the rate
conditions and limitations described in subsection (d).
``(c) Options.--The options referred to in subsection (b) are as
follows:
``(1) Sale of net excess power to utility.--The electric
utility shall purchase the net excess power from the owner or
operator of the eligible waste-energy recovery project during
the operation of the project under a contract entered into for
that purpose.
``(2) Transport by utility for direct sale to third
party.--The electric utility shall transmit the net excess
power on behalf of the project owner or operator to up to three
separate locations on that utility's system for direct sale by
that owner or operator to third parties at such locations.
``(3) Transport over private transmission lines.--The State
and the electric utility shall permit, and shall waive or
modify such laws as would otherwise prohibit, the construction
and operation of private electric wires constructed, owned and
operated by the project owner or operator, to transport such
power to up to 3 purchasers within a 3-mile radius of the
project, allowing such wires to utilize or cross public rights-
of-way, without subjecting the project to regulation as a
public utility, and according such wires the same treatment for
safety, zoning, land-use and other legal privileges as apply or
would apply to the utility's own wires, except that--
``(A) there shall be no grant of any power of
eminent domain to take or cross private property for
such wires, and
``(B) such wires shall be physically segregated and
not interconnected with any portion of the utility's
system, except on the customer's side of the utility's
revenue meter and in a manner that precludes any
possible export of such electricity onto the utility
system, or disruption of such system.
``(4) Agreed upon alternatives.--The utility and the owner
or operator of the project may reach agreement on any alternate
arrangement and its associated payments or rates that is
mutually satisfactory and in accord with State law.
``(d) Rate Conditions and Criteria.--
``(1) In general.--The options described in paragraphs (1)
and (2) in subsection (c) shall be offered under purchase and
transport rate conditions reflecting the rate components
defined under paragraph (2) of this subsection as applicable
under the circumstances described in paragraph (3) of this
subsection.
``(2) Rate components.--For purposes of this section:
``(A) Per unit distribution costs.--The term `per
unit distribution costs' means the utility's
depreciated book-value distribution system costs
divided by the previous year's volume of utility
electricity sales or transmission at the distribution
level in kilowatt hours.
``(B) Per unit distribution margin.--The term `per
unit distribution margin' means:
``(i) In the case of a State regulated
electric utility, a per-unit gross pretax
profit determined by multiplying the utility's
State-approved percentage rate of return for
distribution system assets by the per unit
distribution costs.
``(ii) In the case of an nonregulated
utility, a per unit contribution to net
revenues determined by dividing the amount of
any net revenue payment or contribution to the
nonregulated utility's owners or subscribers in
the prior year by the utility's gross revenues
for the prior year to obtain a percentage (but
not less than 10 percent) and multiplying that
percentage by the per unit distribution costs.
``(C) Per unit transmission costs.--The term `per
unit transmission costs' means the total cost of those
transmission services purchased or provided by a
utility on a per-kilowatt-hour basis as included in
that utility's retail rate.
``(3) Applicable rates.--
``(A) Rates applicable to sale of net excess
power.--Sales made by a project owner or operator under
the option described in subsection (c) (1) shall be
paid for on a per kilowatt hour basis that shall equal
the full undiscounted retail rate paid to the utility
for power purchased by such a facility minus per unit
distribution costs, as applicable to the type of
utility purchasing the power. If the net excess power
is made available for purchase at voltages that must be
transformed to or from voltages exceeding 25 kilovolts
to be available for resale by the utility, then the
purchase price shall further be reduced by per unit
transmission costs.
``(B) Rates applicable to transport by utility for
direct sale to third parties.--Transportation by
utilities of power on behalf of the owner or operator
of a project under the option described in subsection
(c)(2) shall incur a transportation rate equal to the
per unit distribution costs and per unit distribution
margin, as applicable to the type of utility
transporting the power. If the net excess power is made
available for transportation at voltages that must be
transformed to or from voltages exceeding 25 kilovolts
to be transported to the designated third-party
purchasers, then the transport rate shall further be
increased by per unit transmission costs. In States
with competitive retail markets for electricity, the
applicable transportation rate for similar
transportation shall be applied in lieu of any rate
calculated under this paragraph.
``(4) Limitations.--(A) Any rate established for sale or
transportation under this section shall be modified over time
with changes in the electric utility's underlying costs or
rates, and shall reflect the same time-sensitivity and billing
periods as are established in the retail sales or
transportation rates offered by the utility.
``(B) No utility shall be required to purchase or transport
an amount of net excess power under this section that exceeds
the available capacity of the wires, meter, or other equipment
of the electric utility serving the site unless the owner or
operator of the project agrees to pay necessary and reasonable
upgrade costs.
``(e) Procedural Requirements for Consideration and
Determination.--(1) The consideration referred to in subsection (b)
shall be made after public notice and hearing. The determination
referred to in subsection (b) shall be--
``(A) in writing,
``(B) based upon findings included in such determination
and upon the evidence presented at the hearing, and
``(C) available to the public.
``(2) The Administrator may intervene as a matter of right in a
proceeding conducted under this section and may calculate the energy
and emissions likely to be saved by electing to adopt one or more of
the options, as well as the costs and benefits to ratepayers and the
utility and to advocate for the waste-energy recovery opportunity.
``(3) Except as otherwise provided in paragraph (1), and paragraph
(2), the procedures for the consideration and determination referred to
in subsection (a) shall be those established by the State regulatory
authority or the nonregulated electric utility. In the instance that
there is more than one project seeking such consideration
simultaneously in connection with the same utility, such proceeding may
encompass all such projects, provided that full attention is paid to
their individual circumstances and merits, and an individual judgment
is reached with respect to each project.
``(f) Implementation.--(1) The State regulatory authority (with
respect to each electric utility for which it has ratemaking authority)
or nonregulated electric utility may, to the extent consistent with
otherwise applicable State law--
``(A) implement the standard determined under this section,
or
``(B) decline to implement any such standard.
``(2) If a State regulatory authority (with respect to each
electric utility for which it has ratemaking authority) or nonregulated
electric utility declines to implement any standard established by this
section, such authority or nonregulated electric utility shall state in
writing the reasons therefor. Such statement of reasons shall be
available to the public, and the Administrator shall include the
project in an annual report to Congress concerning lost opportunities
for waste-heat recovery, specifically identifying the utility and
stating the amount of lost energy and emissions savings calculated. If
a State regulatory authority (with respect to each electric utility for
which it has ratemaking authority) or nonregulated electric utility
declines to implement the standard established by this section, the
project sponsor may submit a new petition under this section with
respect to such project at any time after 24 months after the date on
which the State regulatory authority or nonregulated utility has
declined to implement such standard.
``SEC. 376. CLEAN ENERGY APPLICATION CENTERS.
``(a) Purpose.--The purpose of this section is to rename and
provide for the continued operation of the United States Department of
Energy's Regional Combined Heat and Power (CHP) Application Centers.
``(b) Findings.--The Congress finds the Department of Energy's
Regional Combined Heat and Power (CHP) Application Centers program has
produced significant energy savings and climate change benefits and
will continue to do so through the deployment of clean energy
technologies such as Combined Heat and Power (CHP), recycled waste
energy and biomass energy systems, in the industrial and commercial
energy markets.
``(c) Renaming.--The Combined Heat and Power Application Centers at
the Department of Energy are hereby be redesignated as Clean Energy
Application Centers. Any reference in any law, rule or regulation or
publication to the Combined Heat and Power Application Centers shall be
treated as a reference to the Clean Energy Application Centers.
``(d) Relocation.--In order to better coordinate efforts with the
separate Industrial Assessment Centers and to assure that the energy
efficiency and, when applicable, the renewable nature of deploying
mature clean energy technology is fully accounted for, the Secretary of
Energy shall relocate the administration of the Clean Energy
Application Centers to the Office of Energy Efficiency and Renewable
Energy within the Department of Energy. The Office of Electricity
Delivery and Energy Reliability shall continue to perform work on the
role of such technology in support of the grid and its reliability and
security, and shall assist the Clean Energy Application Centers in
their work with regard to the grid and with electric utilities.
``(e) Grants.--
``(1) In general.--The Secretary of Energy shall make
grants to universities, research centers, and other appropriate
institutions to assure the continued operations and
effectiveness of 8 Regional Clean Energy Application Centers in
each of the following regions (as designated for such purposes
as of the date of the enactment of this section):
``(A) Gulf Coast.
``(B) Intermountain.
``(C) Mid-Atlantic.
``(D) Midwest.
``(E) Northeast.
``(F) Northwest.
``(G) Pacific.
``(H) Southeast.
``(2) Establishment of goals and compliance.--In making
grants under this section, the Secretary shall ensure that
sufficient goals are established and met by each Center
throughout the program duration concerning outreach and
technology deployment.
``(f) Activities.--Each Clean Energy Application Center shall
operate a program to encourage deployment of clean energy technologies
through education and outreach to building and industrial
professionals, and to other individuals and organizations with an
interest in efficient energy use. In addition, the Centers shall
provide project specific support to building and industrial
professionals through assessments and advisory activities. Funds made
available under this section may be used for the following activities:
``(1) Developing and distributing informational materials
on clean energy technologies, including continuation of the
eight existing Web sites.
``(2) Developing and conducting target market workshops,
seminars, internet programs and other activities to educate end
users, regulators, and stakeholders in a manner that leads to
the deployment of clean energy technologies.
``(3) Providing or coordinating onsite assessments for
sites and enterprises that may consider deployment of clean
energy technology.
``(4) Performing market research to identify high profile
candidates for clean energy deployment.
``(5) Providing consulting support to sites considering
deployment of clean energy technologies.
``(6) Assisting organizations developing clean energy
technologies to overcome barriers to deployment.
``(7) Assisting companies and organizations with
performance evaluations of any clean energy technology
implemented.
``(g) Duration.--A grant awarded under this section shall be for a
period of 5 years. Each grant shall be evaluated annually for its
continuation based on its activities and results.
``(h) Authorization.--There is authorized to be appropriated for
purposes of this section the sum of $10,000,000 for each of fiscal
years 2008, 2009, 2010, 2011, and 2012.''.
(b) Table of Contents.--The table of contents for such Act is
amended by inserting the following after the items relating to part D
of title III:
``Part E--Industrial Energy Efficiency
``Sec. 371. Survey of waste industrial energy recovery and potential
use.
``Sec. 372. Definitions.
``Sec. 373. Survey and registry.
``Sec. 374. Incentives for recovery, utilization and prevention of
industrial waste energy.
``Sec. 375. Clean Energy Application Centers.''.
Subtitle F--Energy Efficiency of Public Institutions
SEC. 171. SHORT TITLE.
This subtitle may be cited as the ``Sustainable Energy
Institutional Infrastructure Act of 2007''.
SEC. 172. FINDINGS.
The Congress finds the following:
(1) Many institutional entities own and operate, or are
served by, district energy systems.
(2) A variety of renewable energy resources could be tapped
by governmental and institutional energy systems to meet energy
requirements.
(3) Use of these renewable energy resources to meet energy
requirements will reduce reliance on fossil fuels and the
associated emissions of air pollution and carbon dioxide.
(4) CHP is a highly efficient and environmentally
beneficial means to generate electric energy and heat, and
offers total efficiency much greater than conventional separate
systems, where electric energy is generated at and transmitted
long distances from a centrally located generation facility,
and onsite heating and cooling equipment is used to meet
nonelectric energy requirements.
(5) Heat recovered in a CHP generation system can be used
for space heating, domestic hot water, or process steam
requirements, or can be converted to cooling energy to meet air
conditioning requirements.
(6) The increased efficiency of CHP results in reduction in
emissions of air pollution and carbon dioxide.
(7) District energy systems represent a key opportunity for
expanding implementation of CHP because district energy systems
provide a means of delivering thermal energy from CHP to a
substantial base of end users.
(8) District energy systems help cut peak power demand and
reduce power transmission and distribution system constraints
by meeting air conditioning demand through delivery of chilled
water produced with CHP-generated heat or other energy sources,
shifting power demand through thermal storage, and, with CHP,
generating power near load centers.
(9) Evaluation and implementation of sustainable energy
infrastructure is a complex undertaking involving a variety of
technical, economic, legal, and institutional issues and
barriers, and technical assistance is often required to
successfully navigate these barriers.
(10) The major constraint to significant expansion of
sustainable energy infrastructure by institutional entities is
a lack of capital funding for implementation.
SEC. 173. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``CHP'' means combined heat and power, or the
generation of electric energy and heat in a single, integrated
system;
(2) the term ``district energy systems'' means systems
providing thermal energy to buildings and other energy
consumers from one or more plants to individual buildings to
provide space heating, air conditioning, domestic hot water,
industrial process energy, and other end uses;
(3) the term ``institutional entities'' means local
governments, public school districts, municipal utilities,
State governments, Federal agencies, and other entities
established by local, State, or Federal agencies to meet public
purposes, and public or private colleges, universities,
airports, and hospitals;
(4) the term ``renewable thermal energy sources'' means
non-fossil-fuel energy sources, including biomass, geothermal,
solar, natural sources of cooling such as cold lake or ocean
water, and other sources that can provide heating or cooling
energy;
(5) the term ``sustainable energy infrastructure'' means
facilities for production of energy from CHP or renewable
thermal energy sources and distribution of thermal energy to
users; and
(6) the term ``thermal energy'' means heating or cooling
energy in the form of hot water or steam (heating energy) or
chilled water (cooling energy).
SEC. 174. TECHNICAL ASSISTANCE PROGRAM.
(a) Establishment.--The Secretary of Energy shall, with funds
appropriated for this purpose, implement a program of information
dissemination and technical assistance to institutional entities to
assist them in identifying, evaluating, designing, and implementing
sustainable energy infrastructure.
(b) Information Dissemination.--The Secretary shall develop and
disseminate information and assessment tools addressing--
(1) identification of opportunities for sustainable energy
infrastructure;
(2) technical and economic characteristics of sustainable
energy infrastructure;
(3) utility interconnection, and negotiation of power and
fuel contracts;
(4) financing alternatives;
(5) permitting and siting issues;
(6) case studies of successful sustainable energy
infrastructure systems; and
(7) computer software for assessment, design, and operation
and maintenance of sustainable energy infrastructure systems.
(c) Eligible Costs.--Upon application by an institutional entity,
the Secretary may make grants to such applicant to fund--
(1) 75 percent of the cost of feasibility studies to assess
the potential for implementation or improvement of sustainable
energy infrastructure;
(2) 60 percent of the cost of guidance on overcoming
barriers to project implementation, including financial,
contracting, siting, and permitting barriers; and
(3) 45 percent of the cost of detailed engineering and
design of sustainable energy infrastructure.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for fiscal year
2008, $15,000,000 for fiscal year 2009, and $15,000,000 for fiscal year
2010.
SEC. 175. REVOLVING FUND.
(a) Establishment.--The Secretary of Energy shall, with funds
appropriated for this purpose, create a Sustainable Institutions
Revolving Fund for the purpose of establishing and operating a
Sustainable Institutions Revolving Fund (in this section referred to as
the ``SIRF'') for the purpose of providing loans for the construction
or improvement of sustainable energy infrastructure to serve
institutional entities.
(b) Eligible Costs.--A loan provided from the SIRF shall be for no
more than 70 percent of the total capital costs of a project, and shall
not exceed $15,000,000. Such loans shall be for constructing
sustainable energy infrastructure, including--
(1) plant facilities used for producing thermal energy,
electricity, or both;
(2) facilities for storing thermal energy;
(3) facilities for distribution of thermal energy; and
(4) costs for converting buildings to use thermal energy
from sustainable energy sources.
(c) Qualifications.--Loans from the SIRF may be made to
institutional entities for projects meeting the qualifications and
conditions established by the Secretary, including the following
minimum qualifications:
(1) The project shall be technically and economically
feasible as determined by a detailed feasibility analysis
performed or corroborated by an independent consultant.
(2) The borrower shall demonstrate that adequate and
comparable financing was not found to be reasonably available
from other sources, and that the project is economically more
feasible with the availability of the SIRF loan.
(3) The borrower shall obtain commitments for the remaining
capital required to implement the project, contingent on
approval of the SIRF loan.
(4) The borrower shall provide to the Secretary reasonable
assurance that all laborers and mechanics employed by
contractors or subcontractors in the performance of
construction work financed in whole or in part with a loan
provided under this section will be paid wages at rates not
less than those prevailing on similar work in the locality as
determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code
(commonly referred to as the Davis-Bacon Act).
(d) Financing Terms.--(1) Interest on a loan under this section may
be a fixed rate or floating rate, and shall be equal to the Federal
cost of funds consistent with the loan type and term, minus 1.5
percent.
(2) Interest shall accrue from the date of the loan, but the first
payment of interest shall be deferred, if desired by the borrower, for
a period ending not later than 3 years after the initial date of
operation of the system.
(3) Interest attributable to the period of deferred payment shall
be amortized over the remainder of the loan term.
(4) Principal shall be repaid on a schedule established at the time
the loan is made. Such payments shall begin not later than 3 years
after the initial date of operation of the system.
(5) Loans made from the SIRF shall be repayable over a period
ending not more than 20 years after the date the loan is made.
(6) Loans shall be prepayable at any time without penalty.
(7) SIRF loans shall be subordinate to other loans for the project.
(e) Funding Cycles.--Applications for loans from the SIRF shall be
received on a periodic basis at least semiannually.
(f) Application of Repayments for Deficit Reduction.--Loans from
the SIRF shall be made, with funds available for this purpose, during
the 10 years starting from the date that the first loan from the fund
is made. Until this 10-year period ends, funds repaid by borrowers
shall be deposited in the SIRF to be made available for additional
loans. Once loans from the SIRF are no longer being made, repayments
shall go directly into the United States Treasury.
(g) Priorities.--In evaluating projects for funding, priority shall
be given to projects which--
(1) maximize energy efficiency;
(2) minimize environmental impacts, including from
regulated air pollutants, greenhouse gas emissions, and the use
of refrigerants known to cause ozone depletion;
(3) use renewable energy resources;
(4) maximize oil displacement; and
(5) benefit economically-depressed areas.
(h) Regulations.--Not later than one year after the date of
enactment of this Act, the Secretary of Energy shall develop a plan and
adopt rules and procedures for establishing and operating the SIRF.
(i) Program Review.--Every two years the Secretary shall report to
the Congress on the status and progress of the SIRF.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $250,000,000 for fiscal year
2008 and $500,000,000 for each of the fiscal years 2009 through 2012.
SEC. 176. REAUTHORIZATION OF STATE ENERGY PROGRAMS.
Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C.
6325(f)) is amended by striking ``$100,000,000 for each of the fiscal
years 2006 and 2007 and $125,000,000 for fiscal year 2008'' and
inserting ``$125,000,000 for each of the fiscal years 2007, 2008, 2009,
2010, 2011, and 2012''.
Subtitle G--Energy Savings Performance Contracting
SEC. 181. DEFINITION OF ENERGY SAVINGS.
Section 804(2) of the National Energy Conservation Policy Act (42
U.S.C. 8287c(2)) is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and indenting
appropriately;
(2) by striking ``means a reduction'' and inserting
``means--
``(A) a reduction'';
(3) by striking the period at the end and inserting a
semicolon; and
(4) by adding at the end the following:
``(B) the increased efficient use of an existing
energy source by cogeneration or heat recovery, and
installation of renewable energy systems;
``(C) if otherwise authorized by Federal or State
law (including regulations), the sale or transfer of
electrical or thermal energy generated onsite but in
excess of Federal needs, to utilities or non-Federal
energy users; and
``(D) the increased efficient use of existing water
sources in interior or exterior applications.''.
SEC. 182. FINANCING FLEXIBILITY.
Section 801(a)(2) of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)) is amended by adding at the end the following:
``(E) Separate Contracts.--In carrying out a contract under this
title, a Federal agency may--
``(i) enter into a separate contract for energy services
and conservation measures under the contract; and
``(ii) provide all or part of the financing necessary to
carry out the contract.''.
SEC. 183. AUTHORITY TO ENTER INTO CONTRACTS; REPORTS.
(a) Authority To Enter Into Contracts.--Section 801(a)(2)(D) of the
National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is
amended--
(1) in clause (ii), by inserting ``and'' after the
semicolon at the end;
(2) by striking clause (iii); and
(3) by redesignating clause (iv) as clause (iii).
(b) Reports.--Section 548(a)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8258(a)(2))) is amended by inserting ``and any
termination penalty exposure'' after ``the energy and cost savings that
have resulted from such contracts''.
(c) Conforming Amendment.--Section 2913 of title 10, United States
Code is amended by striking subsection (e).
SEC. 184. PERMANENT REAUTHORIZATION.
Section 801 of the National Energy Conservation Policy Act (42
U.S.C. 8287) is amended by striking subsection (c).
SEC. 185. TRAINING FEDERAL CONTRACTING OFFICERS TO NEGOTIATE ENERGY
EFFICIENCY CONTRACTS.
(a) Program.--The Secretary of Energy shall create and administer
in the Federal Energy Management Program a training program to educate
Federal contract negotiation and contract management personnel so that
such contract officers are prepared to--
(1) negotiate energy savings performance contracts;
(2) conclude effective and timely contracts for energy
efficiency services with all companies offering energy
efficiency services; and
(3) review Federal contracts for all products and services
for their potential energy efficiency opportunities and
implications.
(b) Schedule.--The Federal Energy Management Program shall plan,
staff, announce, and begin such training not later than one year after
the date of enactment of this Act.
(c) Personnel To Be Trained.--Personnel appropriate to receive such
training shall be selected by and sent for such training from--
(1) the Department of Defense;
(2) the Department of Veterans Affairs;
(3) the Department of Energy;
(4) the General Services Administration;
(5) the Department of Housing and Urban Development;
(6) the United States Postal Service; and
(7) all other Federal agencies and departments that enter
contracts for buildings, building services, electricity and
electricity services, natural gas and natural gas services,
heating and air conditioning services, building fuel purchases,
and other types of procurement or service contracts determined
by Federal Energy Management Program to offer the potential for
energy savings and greenhouse gas emission reductions if
negotiated with such goals in mind.
(d) Trainers.--Such training may be conducted by attorneys or
contract officers with experience in negotiating and managing such
contracts from any agency, and the Department of Energy shall reimburse
their related salaries and expenses from amounts appropriated for
carrying out this section to the extent they are not already employees
of the Department of Energy. Such training may also be provided by
private experts hired by the Department of Energy for the purposes of
this section, except that the Department may not hire experts who are
simultaneously employed by any company under contract to provide such
energy efficiency services to the Federal Government.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy for carrying out this section
$750,000 for each of fiscal years 2008 through 2012.
SEC. 186. PROMOTING LONG-TERM ENERGY SAVINGS PERFORMANCE CONTRACTS AND
VERIFYING SAVINGS.
Section 801(a)(2) of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)) is amended--
(1) in subparagraph (D), by inserting ``beginning on the
date of the delivery order'' after ``25 years''; and
(2) by adding at the end the following:
``(F) 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.
``(G) 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
subtitle G of title I of the [Energy Efficiency
Improvement Act of 2007].''.
Subtitle H--Advisory Committee on Energy Efficiency Financing
SEC. 189. ADVISORY COMMITTEE.
(a) Establishment.--The Assistant Secretary of Energy for Energy
Efficiency and Renewable Energy shall establish an advisory committee
to provide advice and recommendations to the Department of Energy on
energy efficiency finance and investment issues, options, ideas, and
trends, and to assist the energy community in identifying practical
ways of lowering costs and increasing investments in energy efficiency
technologies.
(b) Membership.--The advisory committee established under this
section shall have a balanced membership that shall include members
representing the following communities:
(1) Providers of seed capital.
(2) Venture capitalists.
(3) Private equity sources.
(4) Investment banking corporate finance.
(5) Investment banking mergers and acquisitions.
(6) Equity capital markets.
(7) Debt capital markets.
(8) Research analysts.
(9) Sales and trading.
(10) Commercial lenders.
(11) Residential lenders.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to the Secretary of Energy
for carrying out this section.
Subtitle I--Energy Efficiency Block Grant Program
SEC. 191. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``eligible entity'' means a State or an
eligible unit of local government within a State;
(2) the term ``eligible unit of local government'' means--
(A) a city with a population of at least 50,000;
and
(B) a county with a population of at least 200,000;
(3) the term ``Secretary'' means the Secretary of Energy;
and
(4) the term ``State'' means one of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States.
SEC. 192. ESTABLISHMENT OF PROGRAM.
The Secretary shall establish an Energy Efficiency Block Grant
Program to make block grants to eligible entities as provided in this
subtitle.
SEC. 193. ALLOCATIONS.
(a) In General.--Of the funds appropriated for making grants under
this subtitle for each fiscal year, the Secretary shall allocate 70
percent to be provided to eligible units of local government as
provided in subsection (b) and 30 percent to be provided to States as
provided in subsection (c).
(b) Eligible Units of Local Government.--The Secretary shall
provide grants to eligible units of local government according to a
formula giving equal weight to--
(1) population, according to the most recent available
Census data; and
(2) daytime population, or another similar factor such as
square footage of commercial, office, and industrial space, as
determined by the Secretary.
(c) States.--The Secretary shall provide grants to States according
to a formula based on population, according to the most recent
available Census data.
(d) Publication of Allocation Formulas.--Not later than 90 days
before the beginning of any fiscal year in which grants are to made
under this subtitle, the Secretary shall publish in the Federal
Register the formulas for allocation described in subsection (b)(1) and
(b)(2).
SEC. 194. ELIGIBLE ACTIVITIES.
Funds provided through a grant under this subtitle may be used for
the following activities:
(1) Development and implementation of an Energy Efficiency
Strategy under section 195.
(2) Retaining technical consultant services to assist an
eligible entity in the development of such Strategy,
including--
(A) formulation of energy efficiency, energy
conservation, and energy usage goals;
(B) identification of strategies to meet such goals
through efforts to increase energy efficiency and
reduce energy consumption;
(C) identification of strategies to encourage
behavioral changes among the populace that will help
achieve such goals;
(D) development of methods to measure progress in
achieving such goals;
(E) development and preparation of annual reports
to the citizenry of the eligible entity's energy
efficiency strategies and goals, and progress in
achieving them; and
(F) other services to assist in the implementation
of the Energy Efficiency Strategy.
(3) Conducting energy audits.
(4) Development and implementation of weatherization
programs.
(5) Creation of financial incentive programs for energy
efficiency retrofits, including zero-interest or low-interest
revolving loan funds.
(6) Grants to nonprofit organizations and governmental
agencies for energy retrofits.
(7) Development and implementation of energy efficiency
programs and technologies for buildings and facilities of
nonprofit organizations and governmental agencies.
(8) Development and implementation of building and home
energy conservation programs, including--
(A) design and operation of the programs;
(B) identifying the most effective methods for
achieving maximum participation and efficiency rates;
(C) public education;
(D) measurement protocols; and
(E) identification of energy efficient
technologies.
(9) Development and implementation of energy conservation
programs, including--
(A) use of flex time by employers;
(B) satellite work centers; and
(C) other measures that have the effect of
increasing energy efficiency and decreasing energy
consumption.
(10) Development and implementation of building codes and
inspection services for public, commercial, industrial, and
single and multifamily residential buildings to promote energy
efficiency.
(11) Application and implementation of alternative energy
and energy distribution technologies that significantly
increase energy efficiency and promote distributed resources
and district heating and cooling systems.
(12) Development and promotion of zoning guidelines or
requirements that result in increased energy efficiency,
efficient development, active living land use planning, and
infrastructure such as bike lanes and pathways, and pedestrian
walkways.
(13) Promotion of greater participation and efficiency
rates for material conservation programs, including source
reduction, recycling, and recycled content procurement programs
that lead to increases in energy efficiency.
(14) Establishment of a State, county, or city office to
assist in the development and implementation of the Energy
Efficiency Strategy.
SEC. 195. REQUIREMENTS.
(a) Requirements for Eligible Units of Local Government.--
(1) Proposed strategy.--Not later than 1 year after being
awarded a grant under this subtitle, an eligible unit of local
government shall submit to the Secretary a proposed Energy
Efficiency Strategy which establishes goals for increased
energy efficiency in the jurisdiction of the eligible units of
local government. The Strategy shall include plans for the use
of funds received under the grant to assist the eligible unit
of local government in the achievement of such goals,
consistent with section 194. In developing such a Strategy, an
eligible unit of local government shall take into account any
plans for the use of funds by adjoining eligible units of local
governments funded under this subtitle.
(2) Approval.--The Secretary shall approve or disapprove a
proposed Strategy submitted under paragraph (1) not later than
90 days after receiving it. If the Secretary disapproves a
proposed Strategy, the Secretary shall provide to the eligible
unit of local government the reasons for such disapproval. The
eligible unit of local government may revise and resubmit the
Strategy, as many times as required, until approval is granted.
(3) Funding for preparation of strategy.--
(A) In general.--Until the Secretary has approved a
proposed Energy Efficiency Strategy under paragraph
(2), the Secretary shall only disburse to an eligible
unit of local government $200,000 or 20 percent of the
grant, whichever is greater, which may be used only for
preparation of the Strategy.
(B) Remainder of funds.--The remainder of an
eligible unit of local government's grant funds awarded
but not disbursed under subparagraph (A) shall remain
available and shall be disbursed by the Secretary upon
approval of the Strategy.
(4) Limitations on use of funds.--Of the amounts provided
through a grant under this subtitle, an eligible unit of local
government may use--
(A) not more than 10 percent, or $75,000, whichever
is greater, for administrative expenses, not including
expenses needed to meet reporting requirements under
this subtitle;
(B) not more than 20 percent, or $250,000,
whichever is greater, for the establishment of
revolving loan funds; and
(C) not more than 20 percent, or $250,000,
whichever is greater, for subgranting to
nongovernmental organizations for the purpose of
assisting in the implementation of the Energy
Efficiency Strategy.
(5) Annual report.--Not later than 2 years after receipt of
the first disbursement of funds from a grant awarded under this
subtitle, and annually thereafter, an eligible unit of local
government shall submit a report to the Secretary on the status
of the Strategy's development and implementation, and, where
practicable, a best available assessment of energy efficiency
gains within the jurisdiction of the eligible unit of local
government.
(b) Requirements for States.--
(1) Allocation of grant funds.--A State receiving a grant
under this subtitle shall use at least 70 percent of the funds
received to provide subgrants to units of local government in
the State that are not eligible units of local government. The
State shall make such subgrant awards not later than 6 months
after approval of the State's Strategy under paragraph (3).
(2) Proposed strategy.--Not later than 120 days the date of
enactment of this subtitle, each State shall submit to the
Secretary a proposed Energy Efficiency Strategy which
establishes a process for making subgrants described in
paragraph (1), and establishes goals for increased energy
efficiency in the jurisdiction of the State. The Strategy shall
include plans for the use of funds received under a grant under
this subtitle to assist the State in the achievement of such
goals, consistent with section 194.
(3) Approval.--The Secretary shall approve or disapprove a
proposed Strategy submitted under paragraph (2) not later than
90 days after receiving it. If the Secretary disapproves a
proposed Strategy, the Secretary shall provide to the State the
reasons for such disapproval. The State may revise and resubmit
the Strategy, as many times as required, until approval is
granted.
(4) Funding for preparation of strategy.--
(A) In general.--Until the Secretary has approved a
proposed Energy Efficiency Strategy under paragraph
(2), the Secretary shall only disburse to a State
$200,000 or 20 percent of the grant, whichever is
greater, which may be used only for preparation of the
Strategy.
(B) Remainder of funds.--The remainder of a State's
grant funds awarded but not disbursed under
subparagraph (A) shall remain available and shall be
disbursed by the Secretary upon approval of the
Strategy.
(5) Limitations on use of funds.--Of the amounts provided
through a grant under this subtitle, a State may use not more
than 10 percent for administrative expenses.
(6) Annual reports.--A State shall annually report to the
Secretary on the development and implementation of its
Strategy. Each such report shall include--
(A) a status report on the State's subgrant program
described in paragraph (1);
(B) a best available assessment of energy
efficiency gains achieved through the State's Strategy;
and
(C) specific energy efficiency and energy
conservation goals for future years.
(c) State and Local Advisory Committee.--
(1) State and local advisory committee.--The Secretary
shall establish a State and Local Advisory Committee to provide
advice regarding the administration, direction, and evaluation
of the program under this subtitle.
SEC. 196. REVIEW AND EVALUATION.
The Secretary may review and evaluate the performance of grant
recipients, including by performing audits, and may deny funding to
such grant recipients for failure to properly adhere to--
(1) the Secretary's guidelines and regulations relating to
the program under this subtitle, including the misuse or
misappropriation of funds; or
(2) the grant recipient's Strategy.
SEC. 197. TECHNICAL ASSISTANCE AND EDUCATION PROGRAM.
(a) Establishment.--The Secretary shall establish and carry out a
technical assistance and education program to provide--
(1) technical assistance to State and local governments;
(2) public education programs;
(3) demonstration of innovative energy efficiency systems
and practices; and
(4) identification of effective measurement methodologies
and methods for changing or influencing public participation
in, and awareness of, energy efficiency programs.
(b) Eligible Recipients.--Eligible recipients of assistance under
this section shall include State and local governments, State and local
government associations, public and private nonprofit organizations,
and colleges and universities.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section
$150,000,000 for each of the fiscal years 2008 through 2012.
SEC. 198. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants.--There are authorized to be appropriated to the
Secretary for grants under this subtitle, $2,000,000,000 for each of
fiscal years 2008 through 2012.
(b) Administration.--There are authorized to be appropriated to the
Secretary for administrative expenses of the program established under
this subtitle--
(1) $20,000,000 for fiscal year 2008;
(2) $20,000,000 for fiscal year 2009;
(3) $25,000,000 for fiscal year 2010;
(4) $25,000,000 for fiscal year 2011; and
(5) $30,000,000 for fiscal year 2012.
Subtitle J--Green Buildings Retrofit Loan Guarantees
SEC. 199. GREEN BUILDINGS RETROFIT LOAN GUARANTEES.
(a) Definitions.--In this section:
(1) Cost.--The term ``cost'' has the meaning given the term
``cost of a loan guarantee'' within the meaning of section
502(5)(C) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)(C)).
(2) Guarantee.--
(A) In general.--The term ``guarantee'' has the
meaning given the term ``loan guarantee'' in section
502 of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a).
(B) Inclusion.--The term ``guarantee'' includes a
loan guarantee commitment (as defined in section 502 of
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)).
(3) Obligation.--The term ``obligation'' means the loan or
other debt obligation that is guaranteed under this section.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Eligible Purposes.--Except for division C of Public Law 108-
423, the Director shall make loan guarantees under this section for
renovation projects that are eligible projects within the meaning of
section 1703 of the Energy Policy Act of 2005 and that will result in a
building achieving the United States Green Building Council Leadership
in Energy and Environmental Design ``certified'' level, or meeting a
comparable standard approved by the Director.
(c) Terms and Conditions.--
(1) In general.--The Director shall make guarantees under
this section for projects on such terms and conditions as the
Director determines, after consultation with the Secretary of
the Treasury, in accordance with this section, including
limitations on the amount of any loan guarantee to ensure
distribution to a variety of borrowers.
(2) Specific appropriation or contribution.--No guarantee
shall be made under this section unless--
(A) an appropriation for the cost has been made; or
(B) the Director has received from the borrower a
payment in full for the cost of the obligation and
deposited the payment into the Treasury.
(3) Limitation.--Not more than $100,000,000 in loans may be
guaranteed under this section at any one time.
(4) Amount.--Unless otherwise provided by law, a guarantee
by the Director under this section shall not exceed an amount
equal to 80 percent of the project cost that is the subject of
the guarantee, as estimated at the time at which the guarantee
is issued.
(5) Repayment.--No guarantee shall be made under this
section unless the Director determines that there is reasonable
prospect of repayment of the principal and interest on the
obligation by the borrower.
(6) Interest rate.--An obligation shall bear interest at a
rate that does not exceed a level that the Director determines
appropriate, taking into account the prevailing rate of
interest in the private sector for similar loans and risks.
(7) Term.--The term of an obligation shall require full
repayment over a period not to exceed the lesser of--
(A) 30 years; or
(B) 90 percent of the projected useful life of the
building whose renovation is to be financed by the
obligation (as determined by the Director).
(8) Defaults.--
(A) Payment by director.--
(i) In general.--If a borrower defaults on
the obligation (as defined in regulations
promulgated by the Director and specified in
the guarantee contract), the holder of the
guarantee shall have the right to demand
payment of the unpaid amount from the Director.
(ii) Payment required.--Within such period
as may be specified in the guarantee or related
agreements, the Director shall pay to the
holder of the guarantee the unpaid interest on,
and unpaid principal of the obligation as to
which the borrower has defaulted, unless the
Director finds that there was no default by the
borrower in the payment of interest or
principal or that the default has been
remedied.
(iii) Forbearance.--Nothing in this
paragraph precludes any forbearance by the
holder of the obligation for the benefit of the
borrower which may be agreed upon by the
parties to the obligation and approved by the
Director.
(B) Subrogation.--
(i) In general.--If the Director makes a
payment under subparagraph (A), the Director
shall be subrogated to the rights of the
recipient of the payment as specified in the
guarantee or related agreements including,
where appropriate, the authority
(notwithstanding any other provision of law)
to--
(I) complete, maintain, operate,
lease, or otherwise dispose of any
property acquired pursuant to such
guarantee or related agreements; or
(II) permit the borrower, pursuant
to an agreement with the Director, to
continue to pursue the purposes of the
project if the Director determines this
to be in the public interest.
(ii) Superiority of rights.--The rights of
the Director, with respect to any property
acquired pursuant to a guarantee or related
agreements, shall be superior to the rights of
any other person with respect to the property.
(iii) Terms and conditions.--A guarantee
agreement shall include such detailed terms and
conditions as the Director determines
appropriate to--
(I) protect the interests of the
United States in the case of default;
and
(II) have available all the patents
and technology necessary for any person
selected, including the Director, to
complete and operate the project.
(C) Payment of principal and interest by
director.--With respect to any obligation guaranteed
under this section, the Director may enter into a
contract to pay, and pay, holders of the obligation,
for and on behalf of the borrower, from funds
appropriated for that purpose, the principal and
interest payments which become due and payable on the
unpaid balance of the obligation if the Director finds
that--
(i)(I) the borrower is unable to meet the
payments and is not in default;
(II) it is in the public interest
to permit the borrower to continue to
pursue the purposes of the project; and
(III) the probable net benefit to
the Federal Government in paying the
principal and interest will be greater
than that which would result in the
event of a default;
(ii) the amount of the payment that the
Director is authorized to pay shall be no
greater than the amount of principal and
interest that the borrower is obligated to pay
under the agreement being guaranteed; and
(iii) the borrower agrees to reimburse the
Director for the payment (including interest)
on terms and conditions that are satisfactory
to the Director.
(D) Action by attorney general.--
(i) Notification.--If the borrower defaults
on an obligation, the Director shall notify the
Attorney General of the default.
(ii) Recovery.--On notification, the
Attorney General shall take such action as is
appropriate to recover the unpaid principal and
interest due from--
(I) such assets of the defaulting
borrower as are associated with the
obligation; or
(II) any other security pledged to
secure the obligation.
(9) Fees.--
(A) In general.--The Director shall charge and
collect fees for guarantees in amounts the Director
determines are sufficient to cover applicable
administrative expenses.
(B) Availability.--Fees collected under this
paragraph shall--
(i) be deposited by the Director into the
Treasury; and
(ii) remain available until expended,
subject to such other conditions as are
contained in annual appropriations Acts.
(10) Records; audits.--
(A) In general.--A recipient of a guarantee shall
keep such records and other pertinent documents as the
Director shall prescribe by regulation, including such
records as the Director may require to facilitate an
effective audit.
(B) Access.--The Director and the Comptroller
General of the United States, or their duly authorized
representatives, shall have access, for the purpose of
audit, to the records and other pertinent documents.
(11) Full faith and credit.--The full faith and credit of
the United States is pledged to the payment of all guarantees
issued under this section with respect to principal and
interest.
Union Calendar No. 191
110th CONGRESS
1st Session
H. R. 3236
[Report No. 110-304, Part I]
_______________________________________________________________________
A BILL
To promote greater energy efficiency.
_______________________________________________________________________
August 3, 2007
Committees on Transportation and Infrastructure and Oversight and
Government Reform discharged; committed to the Committee of the Whole
House on the State of the Union and ordered to be printed