II 111th CONGRESS 2d Session S. 3251 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.
1.
Short title
This Act may be cited as the Improving Energy Efficiency and Renewable Energy Use By Federal Agencies Act of 2010.
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.
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.
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.
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).
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).
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.
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. .
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). .
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).
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). .
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).