[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1830 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1830

  To establish the Chief Conservation Officers Council to improve the 
     energy efficiency of Federal agencies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2009

Ms. Collins (for herself, Mr. Lieberman, and Mr. Carper) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To establish the Chief Conservation Officers Council to improve the 
     energy efficiency of Federal agencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Agency Energy Efficiency 
Improvement Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Chief conservation officer.--The term ``Chief 
        Conservation Officer'' means an individual designated as a 
        Chief Conservation Officer under section 3(a)(1).
            (2) Council.--The term ``Council'' means the Chief 
        Conservation Officers Council established by section 4(a).
            (3) Federal agency.--The term ``Federal agency'' means an 
        agency of the Federal Government described in section 901(b) of 
        title 31, United States Code.

SEC. 3. CHIEF CONSERVATION OFFICERS.

    (a) Designation.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, each head of a Federal agency shall 
        designate a Chief Conservation Officer.
            (2) Requirements.--
                    (A) Employment status.--An individual designated as 
                a Chief Conservation Officer under paragraph (1) shall 
                serve in a Senior Executive Service position.
                    (B) Primary responsibility.--
                            (i) In general.--The primary responsibility 
                        of an individual designated as a Chief 
                        Conservation Officer for a Federal agency under 
                        paragraph (1) shall be to serve as Chief 
                        Conservation Officer for the Federal agency.
                            (ii) Other capacities.--Subject to clause 
                        (i), an individual described in clause (i) may 
                        serve in another capacity in the Federal 
                        Government.
            (3) Agency environmental executives.--If the head of a 
        Federal agency has designated an Agency Environmental Executive 
        in accordance with Executive Order 13101 (63 Fed. Reg. 49643), 
        the head of the Federal agency may designate the Agency 
        Environmental Executive as a Chief Conservation Officer.
    (b) General Responsibilities.--A Chief Conservation Officer of a 
Federal agency shall--
            (1) ensure that the Federal agency--
                    (A) complies with each energy policy of the Federal 
                Government; and
                    (B) takes steps to ensure the compliance of the 
                Federal agency with each energy policy of the Federal 
                Government;
            (2) provide advice and other assistance to the head of the 
        Federal agency (including other applicable senior executive 
        management personnel of the Federal agency) to enhance the 
        conservation efforts of the Federal agency (including the 
        review of acquisition plans and requirements developments at 
        the earliest practicable stage in a contracting process);
            (3) collect data to determine--
                    (A) the energy consumption of each building owned 
                or operated by the Federal agency; and
                    (B) the energy consumption of major equipment 
                located within each building described in subparagraph 
                (A);
            (4) provide to the Council the results of the data 
        collected under paragraph (3);
            (5) develop and implement policies for the Federal agency 
        to minimize the quantities of energy consumed by the Federal 
        agency;
            (6) collect additional data as requested by the Council;
            (7) take actions--
                    (A) to increase the energy efficiency of the 
                Federal agency; and
                    (B) to maintain or increase the energy security and 
                cost savings of the Federal agency;
            (8) develop, facilitate, and maintain the implementation of 
        a sound energy efficiency information technology architecture 
        for the Federal agency;
            (9) promote the effective and efficient design and 
        operation of all major information resources management 
        processes of the Federal agency; and
            (10) participate in each activity carried out by the 
        Council.
    (c) Duties.--
            (1) Primary duty.--A Chief Conservation Officer shall be 
        responsible for the management of the energy efficiency of the 
        Federal agency under the jurisdiction of the Chief Conservation 
        Officer.
            (2) General duties.--In carrying out the primary duty of 
        the Chief Conservation Officer under paragraph (1), the Chief 
        Conservation Officer shall--
                    (A) monitor the performance of each energy 
                efficiency program of the Federal agency;
                    (B) evaluate the performance of each program 
                described in subparagraph (A) on the basis of 
                applicable performance measurements, as determined by 
                the Chief Conservation Officer;
                    (C) advise the head of the Federal agency regarding 
                whether to continue, modify, or terminate any program 
                or project carried out by the Federal agency; and
                    (D) in conjunction with the Chief Information 
                Officer of the Federal agency, prepare an energy usage 
                report, which shall--
                            (i) include data regarding the information 
                        technology energy usage of the Federal agency; 
                        and
                            (ii) be included in the first budget 
                        submitted to Congress under section 1105(a) of 
                        title 31, United States Code, after the report 
                        is prepared.

SEC. 4. CHIEF CONSERVATION OFFICERS COUNCIL.

    (a) Establishment.--There is established in the executive branch a 
council to be known as the ``Chief Conservation Officers Council''.
    (b) Composition.--The Council shall be composed of--
            (1) the Secretary of Energy;
            (2) the Administrator of the Environmental Protection 
        Agency;
            (3) the Deputy Director for Management of the Office of 
        Management and Budget;
            (4) the Program Manager for the Federal Energy Management 
        Program of the Department of Energy;
            (5) the Chief Information Officer of each Federal agency;
            (6) each Chief Conservation Officer;
            (7) the Federal Environmental Executive; and
            (8) any other officer or employee of the Federal 
        Government, as designated by the Chairperson or Vice 
        Chairperson.
    (c) Chairperson; Vice Chairperson.--
            (1) Chairperson.--The Deputy Director for Management of the 
        Office of Management and Budget shall serve as the Chairperson 
        of the Council.
            (2) Vice chairperson.--The Program Manager for the Federal 
        Energy Management Program of the Department of Energy shall 
        serve as the Vice Chairperson of the Council.
    (d) Duties of Certain Heads of Federal Agencies.--
            (1) Secretary of energy.--The Secretary of Energy shall 
        carry out each activity of the Council on behalf of the 
        Chairperson of the Council.
            (2) Administrator of general services.--The Administrator 
        of General Services shall provide administrative and other 
        related support to the Council.
    (e) Function.--The Council shall function as the principal 
interagency forum for improving the practices of Federal agencies 
relating to the design, acquisition, development, modernization, use, 
operation, sharing, and performance of energy efficiency efforts of the 
Federal Government.
    (f) Duties of Council.--
            (1) In general.--The Council shall carry out appropriate 
        actions, including the collection of information from each 
        Chief Conservation Officer regarding the energy usage of the 
        Federal agency of the Chief Conservation Officer, including the 
        ratio that--
                    (A) the equipment energy usage of the Federal 
                agency; bears to
                    (B) the building energy usage of the Federal 
                agency.
            (2) Efficiency duties.--The Council shall--
                    (A) require each Chief Conservation Officer to 
                collect and report any necessary additional energy 
                usage data of the Federal agency of the Chief 
                Conservation Officer;
                    (B) assist each Chief Conservation Officer in 
                developing energy baselines and goals;
                    (C) provide guidance and develop recommendations 
                for each Chief Conservation Officer to assist each 
                Chief Conservation Officer in developing policies to 
                enable the Federal agency of the Chief Conservation 
                Officer to meet the energy efficiency goals of the 
                Federal agency;
                    (D) provide guidance and develop recommendations 
                for each Chief Conservation Officer to assist each 
                Chief Conservation Officer in implementing energy 
                policies;
                    (E) share experiences, ideas, best practices, and 
                innovative approaches relating to the development of 
                energy efficiencies;
                    (F) develop a universal metric to be used by 
                Federal agencies to measure the effectiveness of the 
                conservation efforts of the Federal agencies; and
                    (G) provide reports (including recommendations) 
                regarding energy efficiency policies of Federal 
                agencies covered by the reports to--
                            (i) the appropriate committees of Congress; 
                        and
                            (ii) the Office of Management and Budget.
            (3) Consultation requirement.--In carrying out each duty of 
        the Council under this subsection, the Council shall consult 
        regularly with representatives of appropriate State, local, and 
        tribal governments.
    (g) Office of Management and Budget Government Efficiency Reports 
and Scorecards.--Not later than 180 days after the date of enactment of 
this Act, the Director of the Office of Management and Budget shall--
            (1) include in the annual report and scorecard of the 
        Director under section 528 of the Energy Independence and 
        Security Act of 2007 (42 U.S.C. 17144) a description of the 
        efforts of Federal agencies under this section; and
            (2) make the description under paragraph (1) available on 
        the website of the Office of Management and Budget.

SEC. 5. AUTHORIZATION FOR ACQUISITIONS.

    (a) Use of Certain Supply Schedules.--Section 502(c)(1) of title 
40, United States Code, is amended by adding at the end the following:
                    ``(C) Environmentally preferable `green' products 
                and services (as contained in Federal supply 
                classification code groups 03FAC, 51V, 56, 72IA, 73, 
                75, and 899, including any amended or subsequent 
                version of the Federal supply classification code 
                groups).''.
    (b) Duty of Non-Federal Users Regarding Use of Supply Schedules.--
Section 502(c) of title 40, United States Code, is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Duty of non-federal users regarding use of federal 
        supply schedules.--During the use of a Federal supply schedule, 
        an authorized non-Federal user shall act in accordance with the 
        ordering guidance provided by the Administrator of General 
        Services.''.

SEC. 6. POWER PURCHASE AGREEMENT PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Cost-effective.--The term ``cost-effective'' means, 
        with respect to a power purchase agreement entered into by the 
        head of an executive agency for a Federal facility that is 
        owned or controlled by the executive agency, that the 20-year 
        average cost for the purchase of electricity under the power 
        purchase agreement from 1 or more renewable energy generating 
        systems is not greater than an amount equal to 110 percent of 
        the cost of an equal quantity of electricity from the current 
        electricity supplier of the Federal facility, taking into 
        consideration each--
                    (A) applicable cost, including any cost resulting 
                from--
                            (i) a demand charge;
                            (ii) an applicable rider;
                            (iii) a fuel adjustment charge; or
                            (iv) any other surcharge; and
                    (B) reasonably anticipated increase in the cost of 
                the electricity resulting from--
                            (i) inflation;
                            (ii) increased regulatory requirements;
                            (iii) decreased availability of fossil 
                        fuels; and
                            (iv) any other factor that may increase the 
                        cost of electricity.
            (2) Executive agency.--The term ``executive agency'' has 
        the meaning given the term in section 4 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403).
            (3) Federal facility.--The term ``Federal facility'' means 
        any building at which electricity is used, owned, operated, 
        obtained through a long-term lease, or otherwise controlled by, 
        or assigned to--
                    (A) an executive or military department of the 
                Federal Government;
                    (B) a Government corporation;
                    (C) an independent establishment;
                    (D) a Federal court;
                    (E) an executive agency;
                    (F) Congress;
                    (G) the United States Postal Service; or
                    (H) the Executive Office of the President.
            (4) Government corporation.--The term ``Government 
        corporation'' has the meaning given the term in section 103 of 
        title 5, United States Code.
            (5) Long-term lease.--The term ``long-term lease'' means a 
        lease the duration of which is not less than 20 years.
            (6) Renewable energy source.--The term ``renewable energy 
        source'' includes--
                    (A) a solar photovoltaic system;
                    (B) a wind turbine; and
                    (C) any other renewable energy technology.
    (b) Pilot Projects.--
            (1) Authorization of heads of executive agencies.--In 
        accordance with paragraphs (2) and (3), the head of each 
        executive agency may establish 1 or more pilot programs under 
        which the head of the executive agency may offer to enter into 
        power purchase agreements during the 5-year period beginning on 
        the date of enactment of this Act for the purchase of 
        electricity from 1 or more Federal facilities that are owned or 
        controlled by the executive agency from renewable energy 
        sources located at the Federal facility.
            (2) Cost-effective requirement.--A head of an executive 
        agency described in paragraph (1) may offer to enter into a 
        power purchase agreement described in that paragraph only if 
        the power purchase agreement is cost-effective.
            (3) Term of power purchase agreement.--Notwithstanding any 
        other provision of law (including regulations), the term of a 
        power purchase agreement described in paragraph (1) may not be 
        longer than a period of 20 years.
            (4) Allocation of incremental costs.--Each head of an 
        executive agency (including the Administrator of General 
        Services) who enters into a power purchase agreement under 
        paragraph (1) for the purchase of electricity at a Federal 
        facility that is owned or controlled by the executive agency 
        for distribution to 1 or more other executive agencies shall 
        allocate, on an annual basis for the period covered by the 
        power purchase agreement, the incremental cost or incremental 
        savings of the power purchase agreement for the purchase of 
        electricity at a Federal facility from renewable energy sources 
        (as compared to the cost of electricity from the electricity 
        supplier of the Federal facility) among each user of the 
        Federal facility based on the proportion that--
                    (A) the electricity usage of the user of the 
                Federal facility; bears to
                    (B) the aggregate electricity usage of all users of 
                the Federal facility.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2009 through 2019, to remain available until 
expended.

SEC. 7. CLARIFICATION OF RENEWABLE ENERGY.

    Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is 
amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``electric''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)(D), by striking ``for the 
                production of electricity''; and
                    (B) in paragraph (2), by striking ``electric''.
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