110 HR 6937 IH: Department of Veterans Affairs
U.S. House of Representatives
2008-09-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of
contents
(a)This Act may be cited
as the Department of Veterans Affairs
Energy Sustainability Act of 2008
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Department of Veterans Affairs Sustainability
Program.
Sec. 3. Database on energy and water usage and
expenditures.
Sec. 4. Annual energy usage audit requirements.
Sec. 5. Office of Energy Management.
Sec. 6. Advisory Committee on Energy Management and
Sustainability.
Sec. 7. Compliance with Executive Order 13423 and Department of
Veterans Affairs Directive 0055.
Sec. 8. Installation of fueling stations for alternative
fuels.
Sec. 9. Installation of energy efficient and renewable energy
systems in Department buildings.
Sec. 10. Use of electrical sub-metering of buildings of the
Department of Veterans Affairs.
Sec. 11. Energy Star acquisition requirements.
Sec. 12. Grants for adaptive housing to encourage use of high
efficiency systems and products and other energy reduction items.
Sec. 13. Grants for adaptive vehicles to encourage purchase of
alternative fuel vehicles.
Sec. 14. Study on water and energy consumption by National
Cemetery Administration.
Sec. 15. Use by Department of Veterans Affairs of expertise of
the national laboratories regarding energy and water efficient
technologies.
Sec. 16. Pilot program for the sale of air pollution emission
reduction incentives and retention of proceeds from sales.
2.Department of
Veterans Affairs Sustainability Program
(a)Not later than two
years after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall implement a comprehensive program (to be known as the
Energy Sustainability Program
) throughout the Department of
Veterans Affairs for the purpose of using resources in a manner so that the
resources are used in a manner that minimizes consumption and encourages the
use of alternative sources of energy while still meeting the responsibilities
of the Department.
(b)The goals of the
Sustainability Program are—
(1)to
reduce overall energy consumption by the Department of Veterans Affairs, per
unit of measure determined by the Secretary of Veterans Affairs;
(2)to reduce overall water usage by each of
the Veterans Health Administration, National Cemetery Administration, and
Veterans Benefits Administration, per unit of measure determined by the
Secretary;
(3)to reduce the
non-biohazard and non-toxic waste stream generated by activities of the
Department;
(4)to increase, whenever appropriate, the use
of products that promote and support an integrated approach to sustainability;
and
(5)to cooperate to
the maximum extent possible with State and local jurisdictions in matters of
sustainability.
(c)The Secretary of Veterans Affairs shall
take immediate action to inform all personnel of the Department of Veterans
Affairs about the need for the Sustainability Program and its goals and to
encourage feedback from Department personnel.
(d)Not later than
90 days after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish a management organization, to be led by the Assistant
Secretary for Management, to develop the Sustainability Program. To assist the
management organization, the Secretary shall appoint an advisory council, to be
comprised of Government employees, private persons, and industry officials with
experience and expertise in developing sustainability programs.
(e)
(1)As part of the
Energy Sustainability Program, the Secretary of Veterans Affairs shall develop
a strategic plan for energy sustainability for the Department of Veterans
Affairs.
(2)Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the progress
made by the Secretary in developing the plan required by subsection (a).
3.Database on
energy and water usage and expenditures
(a)The Secretary of
Veterans Affairs shall establish and maintain a database to track and report on
energy and water expenditures by the Department of Veterans Affairs. The
database will provide a baseline to compare changes in Department energy and
water expenditures.
(b)At a minimum in
maintaining the database, the Secretary of Veterans Affairs shall maintain
summary statistics by facility type, major census region, size and age of
facility, and energy and water source. In the case of health care facilities,
the Secretary shall use subcategories of inpatient, outpatient, nursing home,
and domiciliary care. Data on energy sources shall include the percentage of
energy supplied by petroleum, natural gas, coal, and alternative energy.
4.Annual energy
usage audit requirements
(a)
(1)Not later than September 30, 2009, the
Secretary of Veterans Affairs shall complete an audit of energy usage by the
Department of Veterans Affairs during fiscal year 2009.
(2)Not later than March 30, 2010, the
Secretary shall submit to Congress, in electronic form, a report containing the
results of the energy audit.
(3)The energy audit shall serve as a baseline
for the Sustainability Program required by section 2 and identify the potential
impact of the Sustainability Program on the budget of the Department of
Veterans Affairs.
(b)Annual energy
audit update and reportAs
part of the annual report required to be submitted under section 546(e)(b) of
title 38, United States Code, as added by section 5, the Secretary shall
include a report comparing energy usage by the Department of Veterans Affairs
during the last fiscal year that ended before the submission of the report to
the fiscal year 2009 baseline.
5.Office of Energy
Management
(a)Chapter 3 of title 38,
United States Code, is amended by adding at the end the following new
section:
321.Office of
Energy Management
(a)There is in the Department an Office of
Energy Management.
(b)There is at the head of the Office a
Director, who shall be a Deputy Assistant Secretary. The Director reports
directly to the Assistant Secretary for Management.
(c)The Director is responsible for—
(1)the formulation of
policy and planning related to, and the implementation of, energy management
programs of the Department; and
(2)the monitoring of
Department compliance with—
(A)Executive Orders,
Department Directives, and statutory requirements relating to energy
management;
(B)Department energy
audits; and
(C)reporting
requirements to Congress relating to the Department energy policies; and
(3)serving as the
chair of the Advisory Committee on Energy Management and Sustainability under
section 546 of this title.
(d)The Office shall
employ a sufficient number of personnel as are necessary to carry out the
responsibilities of the Office. The Secretary shall ensure that the Office is
furnished sufficient resources in addition to personnel to enable the Office to
carry out its responsibilities in a timely
manner.
.
(b)Increase in
maximum number of Deputy Assistant SecretariesSection 308(d)(1)
of such title is amended by striking not exceeding 19
and
inserting not exceeding 20
.
(c)The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
321. Office of Energy
Management.
.
6.Advisory Committee
on Energy Management and Sustainability
(a)Chapter 5 of title 38, United States Code,
is amended by adding at the end the following new section:
546.Advisory
Committee on Energy Management and Sustainability
(a)There is in the Department the Advisory
Committee on Energy Management and Sustainability (hereinafter in this section
referred to as the Committee
). The chair of the Committee is the
Director of the Office of Energy Management under section 321 of this
title.
(b)(1)The Committee shall consist of members
appointed by the Secretary from the general public, including—
(A)individuals who are recognized authorities
in fields pertinent to energy management and sustainability; and
(B)representatives of industries relating
to energy management and sustainability.
(2)The Committee shall include, as ex officio
members, the following:
(A)The Under Secretary for Health, or the
Under Secretary’s designee.
(B)The Under Secretary for Benefits, or
the Under Secretary’s designee.
(C)The Under Secretary for Memorial
Affairs, or the Under Secretary’s designee
(D)The Assistant Secretary for Management, or
the Assistant Secretary’s designee.
(E)The Chief Information Officer, or the Chief
Information Officer’s designee.
(F)Such other officers of the Department
as the Secretary considers appropriate.
(3)The Secretary shall ensure that the
members of the Committee have expertise in the areas covered by the memorandum
of understanding entitled Federal Leadership in High Performance and
Sustainable Buildings
entered into on March 6, 2006, as in effect on
the date of the enactment of this section, namely—
(A)employment of integrated design
principles;
(B)optimization of energy
performance;
(C)protection and conservation of water;
(D)enhancement of indoor environmental
quality; and
(E)reduction of the environmental impact
of materials.
(4)The Secretary shall determine the number,
terms of service, and pay and allowances of members of the Committee appointed
by the Secretary, except that a term of service of any such member may not
exceed three years. The Secretary may reappoint any such member for additional
terms of service.
(c)(1)The Committee shall
provide advice, coordination, and recommendations related to the implementation
of the sustainability construction projects for the Department of Veterans
Affairs.
(d)(1)The Secretary shall, on
a regular basis, consult with and seek the advice of the Committee with respect
to the implementation of energy and sustainability programs at the
Department.
(2)In providing advice to the Secretary
under this subsection, the Committee shall—
(A)assemble and review information
relating to the needs of the Department as part of a whole sustainability and
energy savings program;
(B)provide an assessment of the
effectiveness of the policies, organizational structures, and services of the
Department’s sustainability program; and
(C)provide on-going advice on the most
appropriate means of responding to additional energy and sustainability
requirements as may be imposed upon the Department through additional Acts of
Congress, or through Presidential Executive Orders for each of the Department’s
business lines.
(e)(1)Not later than December
31 of each year, the Committee shall submit to the Secretary an electronic
report on the programs and activities of the Department relating to
sustainability programs and energy efficiency programs developed by the
Department. Each such report shall include—
(A)an assessment of the needs of each of
the Department’s business lines to enhance sustainability programs within each
administration;
(B)a review of the programs and
activities of the Department designed to meet such needs; and
(C)such recommendations (including
recommendations for administrative and legislative action) as the Committee
considers appropriate.
(2)Not later than 90 days after receipt
of a report under paragraph (1), the Secretary shall transmit electronically to
the Committees on Veterans’ Affairs of the Senate and House of Representatives
a copy of the report, together with any comments and recommendations concerning
the report that the Secretary considers appropriate.
(3)The Committee may also submit to the
Secretary such other reports and recommendations as the Committee considers
appropriate.
(4)The Secretary shall submit with each
annual report submitted to the Congress pursuant to section 529 of this title a
summary of all reports and recommendations of the Committee submitted to the
Secretary since the previous annual report of the Secretary submitted pursuant
to that section.
(f)Applicability of
Federal Advisory Committee Act(1)Except as provided in
paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the activities of the Committee under this section.
(2)Section 14 of such Act shall not apply to
the Committee.
.
(b)Staff awareness
campaigns To encourage support and adoption of energy savings
practicesThe Secretary of
Veterans Affairs shall conduct a campaign to encourage personnel of the
Department of Veterans Affairs to support and adopt energy savings
practices.
(c)The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
546. Advisory Committee on Energy
Management and
Sustainability.
.
7.Compliance with
Executive Order 13423 and Department of Veterans Affairs Directive
0055
(a)The Secretary of
Veterans Affairs shall ensure that the Department of Veterans Affairs complies
with Executive Order 13423. Not later than 30 days after the date of the
enactment of this Act, the Secretary shall notify Congress of the current
status of the Department’s compliance.
(b)Department of
Veterans Affairs Directive 0055The Secretary of Veterans Affairs shall
notify Congress—
(1)of the anticipated
completion dates for meeting the energy objectives contained in Department of
Veterans Affairs Directive 0055 using the management tools specified in that
Directive; and
(2)of the actual
completion date for meeting each objective.
8.Installation of
fueling stations for alternative fuels
(a)Installation on
Department property of fueling stations for alternative fuelsTo provide fuel sources for alternate fuel
vehicles acquired by the Department of Veterans Affairs, the Secretary of
Veterans Affairs shall install alternative fueling stations on at least 35
Department of Veterans Affairs medical facility campuses.
(b)Authorization of
appropriationsThere is
authorized to be appropriated $7,000,000 to carry out subsection (a).
9.Installation of
energy efficient and renewable energy systems in Department buildings
(a)Plan To increase
use of renewable energy and energy efficiency technologies in Department
facilitiesNot later than
March 30, 2009, the Secretary of Veterans Affairs shall submit to Congress, in
electronic form, a detailed plan for increasing the use of energy efficient and
renewable energy technologies in Department of Veterans Affairs facilities and
operations, including—
(1)qualified solar
technologies such as distributed amorphous, crystalline and nano-photovoltaic
technologies systems, solar heating systems, solar cooling systems, solar hot
water systems, solar lighting systems, and hybrid technologies that incorporate
one or more of such systems; and
(2)qualified energy
efficient roof and building envelope systems such as systems with high solar
reflectance or thermal emittance, including high albedo systems, systems with
high thermal resistance, including use of enhanced roof insulation, systems
with high thermal inertia, including use of ballasted or vegetated roof
systems.
(b)Authorization of
appropriationsThere is authorized to be appropriated
$150,000,000 to carry out subsection (a).
10.Use of electrical
sub-metering of buildings of the Department of Veterans Affairs
(a)The Secretary of
Veterans Affairs shall provide for the installation of individual electrical
sub-metering equipment for—
(1)each boiler plant, chiller building, energy
center, and laundry of the Department of Veterans Affairs, whether in existence
as of the date of the enactment of this Act or constructed after the date of
the enactment of this Act; and
(2)all other
buildings of the Department of Veterans Affairs constructed after the date of
the enactment of this Act.
(b)The
sub-metering required by this section is intended to record building electrical
energy consumption for economic analysis and energy conservation
measures.
(c)
(1)In the case of boiler
plants, chiller buildings, energy centers, and laundry buildings, the
sub-metering equipment shall be installed at the building’s low-voltage
switchboard. If high-voltage chillers are used, additional sub-metering
equipment for the chillers shall be installed. The meters for boiler plants
shall be located separately from the energy center, where feasible.
(2)In the case of
buildings described in subsection (a)(2), the sub-metering equipment shall be
installed with the building’s utilization voltage equipment.
(3)At a minimum, the meter shall monitor voltage, current,
kW, kW demand, kW hours, kVA, kVAR, and power factor.
11.Energy Star
acquisition requirementsThe
Secretary of Veterans Affairs shall ensure, to the maximum extent practicable,
that energy efficient products meeting the requirements of the Department of
Veterans Affairs are purchased whenever the Department purchases items that
consume electricity. In determining the energy efficiency of products, the
Secretary shall consider products that—
(1)meet or exceed
Energy Star specifications; or
(2)are listed on the
Federal Energy Management Program Product Energy Efficiency Recommendations
product list of the Department of Energy.
12.Grants for
adaptive housing to encourage use of high efficiency systems and products and
other energy reduction itemsSection 2102 of title 38, United States
Code, is amended by adding at the end the following new subsection:
(e)The dollar limitations specified in
subsections (b) and (d) may be increased by the lesser of—
(1)an amount equal to
the actual cost of any high efficiency systems or products or other energy-use
reduction items incorporated into the housing unit; or
(2)$10,000.
.
13.Grants for
adaptive vehicles to encourage purchase of alternative fuel
vehiclesSection 3902(a) of
title 38, United States Code, is amended by adding at the end the following new
sentence: The amount otherwise available to an eligible individual under
this subsection may be increased by an amount equal to the difference between
the cost of an alternative fuel vehicle and the cost of a comparable gas or
diesel model of the vehicle if the eligible person elects to purchase an
alternative fuel vehicle.
.
14.Study on water
and energy consumption by National Cemetery Administration
(a)The
Secretary of Veterans Affairs shall conduct a study on water consumption by
activities of the National Cemetery Administration and ways to reduce water
consumption. The study shall also examine the extent to which the use of
grasses and other vegetation that is not native to the location of a national
cemetery affects water consumption and evaluate the feasibility of composting
grass clippings and other vegetation collected during cleanup of national
cemeteries.
(b)The Secretary of
Veterans Affairs shall conduct a study on fuel consumption by equipment of the
National Cemetery Administration used in maintaining national cemeteries and
ways to improve fuel efficiency at cemeteries and other facilities under the
control of the National Cemetery Administration.
(c)Deadline for
completion of studiesThe Secretary of Veterans Affairs shall
complete the studies required under subsections (a) and (b) by not later than
September 30, 2009.
(d)Not
later than March 31, 2010, the Secretary of Veterans Affairs shall submit to
the Committees on Veterans’ Affairs of the Senate and House of Representatives
a report on the studies conducted under this section.
15.Use by
Department of Veterans Affairs of expertise of the national laboratories
regarding energy and water efficient technologies
(a)Memorandum of
UnderstandingThe Secretary
of Veterans Affairs and the Secretary of Energy shall enter into a memorandum
of understanding for the purpose of improving and facilitating the use by the
Department of Veterans Affairs of the expertise of the national laboratories to
evaluate energy and water efficient technologies for use by the Department to
implement this Act.
(b)The memorandum of understanding shall
provide that the Secretary of Veterans Affairs shall request assistance from
the national laboratories with respect to energy and water efficient
technologies as the Secretary of Veterans Affairs and the Secretary of Energy
determine can be provided through the technical skills and experience of the
national laboratories, using such financial arrangements as the Secretaries
determine are appropriate.
(c)The memorandum of understanding shall
provide that the national laboratories shall carry out those activities
necessary to respond to requests for assistance from the Secretary of Veterans
Affairs referred to in subsection (b).
(d)In this section,
the term national laboratory
has the meaning given that term in
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
16.Pilot program
for the sale of air pollution emission reduction incentives and retention of
proceeds from sales
(a)The Secretary of Veterans Affairs, in
consultation with the Administrator of General Services, may carry out a pilot
program to sell economic incentives for the reduction of emission of air
pollutants attributable to a facility of the Department of Veterans
Affairs.
(b)Incentives
Available for SaleUnder the
program, the Secretary of Veterans Affairs may sell economic incentives for the
reduction of emission of air pollutants attributable to a facility of the
Department only if such incentives are not otherwise required for the
activities or operations of the Department.
(c)
(1)Credit to
Department facilitiesThe proceeds of sale of economic incentives
attributable to a facility of the Department shall be credited to the funds
available to the facility for the costs of identifying, quantifying, or valuing
economic incentives for the reduction of emission of air pollutants. The amount
credited shall be equal to the cost incurred in identifying, quantifying, or
valuing the economic incentives sold.
(2)Allocation to
Department programs, projects, and activitiesIf after crediting under paragraph (1) a
balance remains, the amount of such balance shall be available to the
Department for allocation by the Secretary of Veterans Affairs for programs,
projects, and activities of the Department necessary for compliance with
Federal environmental laws, including the purchase of economic incentives for
the reduction of emission of air pollutants. To the extent practicable, amounts
allocated under this paragraph shall be made available to the facilities that
generated the economic incentives providing the basis for the amounts.
(3)Funds credited under paragraph (1) or allocated under
paragraph (2) shall be merged with the funds to which credited or allocated, as
the case may be, and shall be available for the same purposes and for the same
period as the funds with which merged.
(d)In this section, the term economic
incentives for the reduction of emission of air pollutants means any
transferable economic incentives (including marketable permits and emission
rights) necessary or appropriate to meet air quality requirements under the
Clean Air Act (42 U.S.C. 7401 et seq.).
(e)The authority to carry out a pilot program
under this section shall terminate on September 30, 2010.