II Calendar No. 335 111th CONGRESS 2d Session S. 1830 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 March 25, 2010 Reported by Mr. Lieberman, with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To establish the Chief Conservation Officers Council to improve the energy efficiency of Federal agencies, and for other purposes.
1.
Short title
This Act may be cited as the Federal Agency Energy Efficiency Improvement Act of 2009.
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.
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.
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.
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. .
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.
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.
1.
Short title
This Act may be cited as the Federal Agency Energy Efficiency Improvement Act of 2009.
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.
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. (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, including information technology assets, 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)coordinate with the Chief Information Officer to develop, facilitate, and maintain the implementation of a sound energy efficiency information technology architecture for the Federal agency; (9)coordinate with the Chief Information Officer to ensure energy consumption is considered in the design and operation of all major information resources management processes of the Federal agency; (10)consider the short- and long-term cost effectiveness of each initiative before taking actions; and (11)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 or Senior Sustainability Officer 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.
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 an annual report (including information about agency-by-agency energy usage and reductions, agency and government-wide trends in energy usage, agency and government-wide cost savings, and best practices and 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.
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. .
6.
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.
March 25, 2010 Reported with an amendment