II 110th CONGRESS 1st Session S. 1434 IN THE SENATE OF THE UNITED STATES May 21, 2007 Mr. Pryor (for himself and Mr. Bingaman) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Energy Conservation Policy Act to promote the use of energy and water efficiency measures in Federal buildings, to promote energy savings performance contracts and utility energy service contracts, and for other purposes.

1.

Short title

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

2.

Use of energy and water efficiency measures in Federal buildings

Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended by adding at the end the following: (f)

Use of energy and water efficiency measures in Federal buildings

(1)

Energy and water evaluations

Not later than 1 year after the date of enactment of this subsection, and every 3 years thereafter, each Federal agency shall complete a comprehensive energy and water evaluation for— (A)each building and other facility of the Federal agency that is larger than a minimum size established by the Secretary; and (B)any other building or other facility of the Federal agency that meets any other criteria established by the Secretary. (2)

Implementation of identified energy and water efficiency measures

(A)

In general

Not later than 2 years after the date of enactment of this subsection, and every 3 years thereafter, each Federal agency— (i)shall fully implement each energy and water-saving measure that the Federal agency identified in the evaluation conducted under paragraph (1) that has a 15-year simple payback period; and (ii)may implement any energy or water-saving measure that the Federal agency identified in the evaluation conducted under paragraph (1) that has longer than a 15-year simple payback period. (B)

Payback period

(i)

In general

For the purpose of subparagraph (A), a measure shall be considered to have a 15-year simple payback if the quotient obtained under clause (ii) is less than or equal to 15. (ii)

Quotient

The quotient for a measure shall be obtained by dividing— (I)the estimated initial implementation cost of the measure (other than financing costs); by (II)the annual cost savings from the measure. (C)

Cost savings

For the purpose of subparagraph (B), cost savings shall include net savings in estimated— (i)energy and water costs; (ii)operations, maintenance, repair, replacement, and other direct costs; and (iii)external environmental, health, security, and other costs based on a cost adder, as determined in accordance with the guidelines issued by the Secretary under paragraph (4). (D)

Exceptions

The Secretary may modify or make exceptions to the calculation of a 15-year simple payback under this paragraph in the guidelines issued by the Secretary under paragraph (4). (3)

Follow-up on implemented measures

For each measure implemented under paragraph (2), each Federal agency shall carry out— (A)commissioning; (B)operations, maintenance, and repair; and (C)measurement and verification of energy and water savings. (4)

Guidelines

(A)

In general

The Secretary shall issue guidelines and necessary criteria that each Federal agency shall follow for implementation of— (i)paragraph (1) not later than 90 days after the date of enactment of this subsection; and (ii)paragraphs (2) and (3) not later than 180 days after the date of enactment of this subsection. (B)

Relationship to funding source

The guidelines issued by the Secretary under subparagraph (A) shall be appropriate and uniform for measures funded with each type of funding made available under paragraph (8). (5)

Web-based certification

(A)

In general

For each building and other facility that meets the criteria established by the Secretary under paragraph (1), each Federal agency shall use a web-based tracking system to certify compliance with the requirements for— (i)energy and water evaluations under paragraph (1); (ii)implementation of identified energy and water measures under paragraph (2); and (iii)follow-up on implemented measures under paragraph (3). (B)

Deployment

Not later than 1 year after the date of enactment of this subsection, the Secretary shall deploy the web-based tracking system required under this paragraph in a manner that tracks, at a minimum— (i)the covered buildings and other facilities; (ii)the status of evaluations; (iii)the identified measures, with estimated costs and savings; (iv)the status of implementing the measures; (v)the measured savings; and (vi)the persistence of savings. (C)

Availability

(i)

In general

Subject to clause (ii), the Secretary shall make the web-based tracking system required under this paragraph available to Congress, other Federal agencies, and the public through the Internet. (ii)

Exemptions

At the request of a Federal agency, the Secretary may exempt specific data for specific buildings from disclosure under clause (i) for national security purposes. (6)

Benchmarking of Federal facilities

(A)

In general

Each Federal agency shall enter energy use data for each building and other facility of the Federal agency into a building energy use benchmarking system, such as the Energy Star Portfolio Manager. (B)

System and guidance

Not later than 1 year after the date of enactment of this subsection, the Secretary shall— (i)select or develop the building energy use benchmarking system required under this paragraph for each type of building; and (ii)issue guidance for use of the system. (7)

Federal agency scorecards

(A)

In general

The Director of the Office of Management and Budget shall issue quarterly scorecards for energy management activities carried out by each Federal agency that includes— (i)summaries of the status of— (I)energy and water evaluations under paragraph (1); (II)implementation of identified energy and water measures under paragraph (2); and (III)follow-up on implemented measures under paragraph (3); and (ii)any other means of measuring performance that the Director considers appropriate. (B)

Availability

The Director shall make the scorecards required under this paragraph available to Congress, other Federal agencies, and the public through the Internet. (8)

Funding

(A)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subsection. (B)

Funding options

(i)

In general

To carry out paragraphs (1) through (3), a Federal agency may use any combination of— (I)appropriated funds made available under subparagraph (A); and (II)private financing, including financing available through energy savings performance contracts or utility energy savings contracts. (ii)

Combined funding for same measure

A Federal agency may use any combination of appropriated funds and private financing described in clause (i) to carry out the same measure under this subsection, with proportional allocation for any energy and water savings. (iii)

Lack of appropriated funds

Since measures may be carried out using private financing described in clause (i), a lack of available appropriations shall not be considered a sufficient reason for the failure of a Federal agency to comply with paragraphs (1) through (3). .

3.

Energy savings performance contracts

Section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287) is amended— (1)in subsection (a)(2)— (A)in subparagraph (D), by inserting beginning on the date of the delivery order after 25 years; and (B)by adding at the end the following: (E)

Promotion of contracts

In carrying out this section, a Federal agency shall not— (i)establish a Federal agency policy that limits the maximum contract term under subparagraph (D) to a period shorter than 25 years; or (ii)limit the total amount of obligations under energy savings performance contracts or other private financing of energy savings measures. (F)

Measurement and verification requirements for private financing

(i)

In general

The evaluations and savings measurement and verification required under paragraphs (1) and (3) of section 543(f) shall be used by a Federal agency to meet the requirements for— (I)in the case of energy savings performance contracts, the need for energy audits, calculation of energy savings, and any other evaluation of costs and savings needed to implement the guarantee of savings under this section; and (II)in the case of utility energy service contracts, needs that are similar to the purposes described in subclause (I). (ii)

Modification of existing contracts

Not later than 180 days after the date of enactment of this subparagraph, each Federal agency shall, to the maximum extent practicable, modify any indefinite delivery and indefinite quantity energy savings performance contracts, and other indefinite delivery and indefinite quantity contracts using private financing, to conform to the amendments made by the Federal Building Renewal and Energy Savings Act of 2007. ; and (2)by striking subsection (c);