[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3251 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3251

To improve energy efficiency and the use of renewable energy by Federal 
                   agencies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2010

  Mr. Carper introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To improve energy efficiency and the use of renewable energy by 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 ``Improving Energy Efficiency and 
Renewable Energy Use By Federal Agencies Act of 2010''.

SEC. 2. POWER PURCHASE AGREEMENT 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 30-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'' has 
        the meaning given the term in section 543(f)(C) of the National 
        Energy Conservation Policy Act (42 U.S.C. 8253(f)(C)).
            (4) Government corporation.--The term ``Government 
        corporation'' has the meaning given the term in section 103 of 
        title 5, United States Code.
            (5) Renewable energy source.--The term ``renewable energy 
        source'' has the meaning given the term in section 551 of the 
        National Energy Conservation Policy Act (42 U.S.C. 8259).
    (b) Power Purchase Agreement Projects.--
            (1) Authorization of heads of executive agencies.--In 
        accordance with paragraphs (2) and (3), the head of each 
        executive agency or a designee may establish 1 or more projects 
        under which the head of the executive agency may offer to enter 
        into power purchase agreements during the 10-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 30 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) Power Purchase Agreements With Multiple Federal Facilities.--An 
executive agency may enter into an interagency agreement as part of a 
power purchase agreement that involves more than 1 Federal facility.
    (d) Negotiated Rate as Basis for Determining Cost Effectiveness of 
Future Energy Efficiency or Renewable Energy Projects.--An executive 
agency that enters into a power purchase agreement may not use the 
negotiated rate as a basis for determining the business case or 
economic feasibility of future energy efficiency or renewable energy 
projects.
    (e) Regulations.--The Secretary of Energy shall promulgate such 
regulations as are necessary to carry out this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2010 through 2019, to remain available until 
expended.

SEC. 3. FEDERAL FACILITY ENERGY EFFICIENCY AND RENEWABLE ENERGY 
              PROJECTS FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a revolving fund, to be known as the ``Federal Facility 
Energy Efficiency and Renewable Energy Projects Fund'' (referred to in 
this section as the ``Fund''), consisting of such amounts as are 
appropriated to the Fund under subsection (b).
    (b) Transfers to Fund.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to the Fund $500,000,000, to remain 
        available until expended.
            (2) Loan repayments.--There are appropriated to the Fund, 
        out of funds of the Treasury not otherwise appropriated, 
        amounts equivalent to loan amounts repaid and received in the 
        Treasury under subsection (e).
    (c) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), on request by 
        the Secretary of Energy (referred to in this section as the 
        ``Secretary''), the Secretary of the Treasury shall transfer 
        from the Fund to the Secretary such amounts as the Secretary 
        determines are necessary to provide assistance for energy 
        efficiency and renewable energy projects carried out at Federal 
        facilities in accordance with subsection (e).
            (2) Administrative expenses.--An amount not exceeding 10 
        percent of the amounts in the Fund shall be available for each 
        fiscal year to pay the administrative expenses necessary to 
        carry out this section.
    (d) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (e) Federal Facility Energy Efficiency and Renewable Energy 
Projects Fund Program.--
            (1) In general.--The Secretary of Energy shall establish a 
        Federal facility energy efficiency and renewable energy 
        projects fund program under which the Secretary shall make 
        loans to Federal agencies to assist the agencies in reducing 
        energy use and related purposes, as determined by the 
        Secretary.
            (2) Guidelines for applications.--Not later than 180 days 
        after the date of enactment of this Act, the Secretary shall 
        issue guidelines for Federal agencies to submit applications 
        for loans under this subsection.
            (3) Eligibility.--Each Federal agency shall be eligible to 
        submit an application for a loan under this subsection.
            (4) Loan awards.--
                    (A) In general.--The Secretary shall award loans 
                under this subsection on a competitive basis.
                    (B) Allocation.--The Secretary shall convene a 
                committee of Federal agencies to determine allocation 
                from the Fund to carry out this subsection after a 
                competitive assessment of the technical and economic 
                effectiveness of each application for a loan under this 
                subsection.
                    (C) Selection.--In determining whether to provide a 
                loan to a Federal agency for a project under this 
                subsection, the Secretary shall consider--
                            (i) the cost-effectiveness of the project;
                            (ii) the amount of energy and cost savings 
                        anticipated to the Federal Government;
                            (iii) the amount of funding committed to 
                        the project by the agency;
                            (iv) the extent that a project will 
                        leverage financing from other non-Federal 
                        sources; and
                            (v) any other factor that the Secretary 
                        determines will result in the greatest amount 
                        of energy and cost savings to the Federal 
                        Government.

SEC. 4. INCENTIVES FOR FEDERAL AGENCIES FOR UTILITY ENERGY SAVINGS 
              CONTRACTS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Energy, in consultation with the Secretary of Defense 
and the Administrator of General Services, shall promulgate regulations 
that enable Federal agencies to retain the financial savings that 
result from entering into utility energy savings contracts.

SEC. 5. RENEWABLE ENERGY FACILITIES SURVEYS BY FEDERAL AGENCIES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Energy, in consultation with 
the Secretary of Defense and the Administrator of General Services, 
shall promulgate regulations that establish appropriate methods and 
procedures for use by Federal agencies to implement, unless 
inconsistent with the mission of the Federal agencies or impracticable 
due to environmental constraints, the identification of all potential 
locations at Federal facilities of the agencies for renewable energy 
projects (including available land, building roofs, and parking 
structures).
    (b) Identification of Potential Locations.--Not later than 1 year 
after the date of the promulgation of regulations under subsection (a), 
each Federal agency shall complete the report of the agency that 
identifies potential locations described in subsection (a).

SEC. 6. ADOPTION OF PERSONAL COMPUTER POWER SAVINGS TECHNIQUES BY 
              FEDERAL AGENCIES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Energy, in consultation with 
the Secretary of Defense, the Secretary of Veterans Affairs, and the 
Administrator of General Services, shall issue guidance for Federal 
agencies to employ advanced tools allowing energy savings through the 
use of computer hardware, energy efficiency software, and power 
management tools.
    (b) Reports on Plans and Savings.--Not later than 90 days after the 
date of the issuance of the guidance under subsection (a), each Federal 
agency shall submit to the Secretary of Energy a report that 
describes--
            (1) the plan of the agency for implementing the guidance 
        within the agency; and
            (2) estimated energy and financial savings from employing 
        the tools described in subsection (a).

SEC. 7. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION STANDARD.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy, in consultation with the 
Secretary of Defense, the Administrator of General Services, and 
relevant industry and nonprofit groups, shall develop and issue 
guidance on a Federal energy management and data collection standard.
    (b) Requirements.--Guidance described in subsection (a) shall 
include, at a minimum, a plan for the General Services Administration 
to publish energy consumption data for individual Federal facilities on 
a single, searchable website, accessible by the public at no cost to 
access.

SEC. 8. ADVANCED METERING BEST PRACTICES FOR ADVANCED METERING.

    Section 543(e) of the National Energy Conservation Policy Act (42 
U.S.C. 8253(e) is amended by striking paragraph (3) and inserting the 
following:
            ``(3) Plan.--
                    ``(A) In general.--Not later than 180 days after 
                the date on which guidelines are established under 
                paragraph (2), in a report submitted by the agency 
                under section 548(a), each agency shall submit to the 
                Secretary a plan describing the manner in which the 
                agency will implement the requirements of paragraph 
                (1), including--
                            ``(i) how the agency will designate 
                        personnel primarily responsible for achieving 
                        the requirements; and
                            ``(ii) a demonstration by the agency, 
                        complete with documentation, of any finding 
                        that advanced meters or advanced metering 
                        devices (as those terms are used in paragraph 
                        (1)), are not practicable.
                    ``(B) Updates.--Reports submitted under 
                subparagraph (A) shall be updated annually.
            ``(4) Best practices report.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Improving Energy 
                Efficiency and Renewable Energy Use By Federal Agencies 
                Act of 2010, the Secretary of Energy, in consultation 
                with the Secretary of Defense and the Administrator of 
                General Services, shall develop, and issue a report on, 
                best practices for the use of advanced metering of 
                energy use in Federal facilities, buildings, and 
                equipment by Federal agencies.
                    ``(B) Updating.--The report described under 
                subparagraph (A) shall be updated annually.
                    ``(C) Components.--The report shall include, at a 
                minimum--
                            ``(i) summaries and analysis of the reports 
                        by agencies under paragraph (3);
                            ``(ii) recommendations on standard 
                        requirements or guidelines for automated energy 
                        management systems, including--
                                    ``(I) potential common 
                                communications standards to allow data 
                                sharing and reporting;
                                    ``(II) means of facilitating 
                                continuous commissioning of buildings 
                                and evidence-based maintenance of 
                                buildings and building systems; and
                                    ``(III) standards for sufficient 
                                levels of security and protection 
                                against cyber threats to ensure systems 
                                cannot be controlled by unauthorized 
                                persons; and
                            ``(iii) an analysis of--
                                    ``(I) the types of advanced 
                                metering and monitoring systems being 
                                piloted, tested, or installed in 
                                Federal buildings; and
                                    ``(II) existing techniques used 
                                within the private sector or other non-
                                Federal government buildings.''.

SEC. 9. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.

    Section 3307, of title 40, United States Code, is amended--
            (1) by redesignating subsections (d) through (h) as 
        subsections (e) through (i), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Availability of Funds for Design Updates.--
            ``(1) In general.--Subject to paragraph (2), for any 
        project for which congressional approval is received under 
        subsection (a) and for which the design has been substantially 
        completed but construction has not begun, the Administrator of 
        General Services may use appropriated funds to update the 
        project design to meet applicable Federal building energy 
        efficiency standards established under section 305 of the 
        Energy Conservation and Production Act (42 U.S.C. 6834) and 
        other requirements established under section 3312.
            ``(2) Limitation.--The use of funds under paragraph (1) 
        shall not exceed 125 percent of the estimated energy or other 
        cost savings associated with the updates as determined by a 
        life-cycle cost analysis under section 544 of the National 
        Energy Conservation Policy Act (42 U.S.C. 8254).''.

SEC. 10. CONTINUOUS COMMISSIONING WITHIN THE FEDERAL BUILDING STOCK.

    (a) In General.--Section 3312 of title 40, United States Code, is 
amended--
            (1) by redesignating subsections (c) through (g) as 
        subsections (d) through (h), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Continuous Commissioning Within the Federal Building Stock.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Improving Energy Efficiency and Renewable 
        Energy Use By Federal Agencies Act of 2010, the Administrator 
        and the Secretary of Energy shall incorporate commissioning and 
        recommissioning standards (as those terms are defined in 
        section 543(f) of the National Energy Conservation Policy Act 
        (42 U.S.C. 8253(f))), for all real property that--
                    ``(A) is more than $10,000,000 in value;
                    ``(B) has more than 50,000 square feet; or
                    ``(C) has energy intensity of more than $2 per 
                square foot.
            ``(2) Regulations.--Not later than 180 days after the date 
        of enactment of the Improving Energy Efficiency and Renewable 
        Energy Use By Federal Agencies Act of 2010, the Administrator 
        and the Secretary of Energy shall promulgate such regulations 
        as are necessary to carry out this subsection.''.
    (b) Conforming Amendments.--Section 3312 of title 40, United States 
Code, is amended--
            (1) in subsection (e)(1) (as redesignated by subsection 
        (a)(1)), by striking ``and (c)'' and inserting ``and (d)'';
            (2) in the first sentence of subsection (f) (as so 
        redesignated), by striking ``and (c)'' and inserting ``and 
        (d)''; and
            (3) in subsection (g) (as so redesignated), by striking 
        ``subsection (b), (c), or (d) or for failure to carry out any 
        recommendation under subsection (e)'' and inserting 
        ``subsection (b), (d), or (e) or for failure to carry out any 
        recommendation under subsection (f)''.

SEC. 11. ELIMINATION OF STATE MATCHING REQUIREMENT FOR ENERGY 
              EFFICIENCY UPGRADES AT GUARD AND RESERVE ARMORIES AND 
              READINESS CENTERS.

    Section 18236 of title 10, United States Code, is amended--
            (1) in subsection (b), by striking ``A contribution'' and 
        inserting ``Except as provided under subsection (e), a 
        contribution''; and
            (2) by adding at the end the following new subsection:
    ``(e) A contribution made at an armory or readiness center under 
paragraph (4) or (5) of section 18233(a) of this title for an energy 
efficiency upgrade shall cover--
            ``(1) 100 percent of the cost of architectural, engineering 
        and design services related to the upgrade (including advance 
        architectural, engineering and design services under section 
        18233(e) of this title); and
            ``(2) 100 percent of the cost of construction related to 
        the upgrade (exclusive of the cost of architectural, 
        engineering and design services).''.

SEC. 12. AUDIT; REPORT.

    (a) Audit.--Not later than 180 days after the date of enactment of 
this Act, the Comptroller General of the United States shall carry out 
an audit to determine--
            (1) the cost-effectiveness of energy savings performance 
        contracts; and
            (2) the ability of Federal agencies to manage effectively 
        energy savings performance contracts.
    (b) Report.--Not later than 90 days after the date described in 
subsection (a), the Comptroller General of the United States shall 
submit to the appropriate committees of Congress a report that contains 
a description of the results of the audit carried out under subsection 
(a).
                                 <all>