1.Short title; table of
contents
(a)This Act may be cited
as the Department of Defense Energy
Security Act of 2010
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Consideration of Department of Defense energy
performance plan in other Department of Defense planning.
Sec. 3. Procurement preference for goods and services derived
using sustainable practices.
Sec. 4. Renewable energy generation sources for Department of
Defense energy needs.
Sec. 5. Consideration of environmentally sustainable practices
in Department energy performance plan.
Sec. 6. Application of requirements regarding use of renewable
forms of energy and energy efficient products to contractors operating
Government-owned facilities and tenants and concessionaires.
Sec. 7. Funding for energy conservation projects.
Sec. 8. Improved building efficiency for Department of Defense
facilities.
Sec. 9. Conversion of Department of Defense fleet of
non-tactical motor vehicles to electric and hybrid motor vehicles.
Sec. 10. Research and development activities to incorporate
hybrid-drive technology into current and future tactical fleet of military
ground vehicles.
Sec. 11. Development of biofuel derived from materials that do
not compete with food stocks and is suitable for use as aviation
fuel.
Sec. 12. Implementation.
Sec. 13. Waiver authority.
2.Consideration of
Department of Defense energy performance plan in other Department of Defense
planningSection 2911(b) of
title 10, United States Code, is amended—
(1)by inserting
(1)
before The Secretary
; and
(2)by adding at the
end the following new paragraph:
(2)The energy performance plan shall be taken
into consideration in the development of the following:
(A)The National Security Strategy prescribed
by the President pursuant to section 108 of the National Security Act of 1947
(50 U.S.C. 404a).
(B)The annual report of the Secretary of
Defense submitted to the President and Congress pursuant to section 113 of this
title.
(C)The Quadrennial Defense Review conducted by
the Secretary of Defense pursuant to section 118 of this title and the national
defense strategy delineated as part of that review.
(D)The national military strategy prescribed
by the Chairman of the Joint Chiefs of Staff under section 153 of this
title.
.
3.Procurement
preference for goods and services derived using sustainable practices
(a)Subchapter II of
chapter 173 of title 10, United States Code, is amended by adding at the end
the following new section:
2922g.Procurement
preference for goods and services derived using sustainable practices
(a)In the acquisition
of goods and services, the Secretary of each military department and the head
of each Defense Agency shall give a preference to goods and services produced
using, or otherwise utilizing, sustainable environmental practices, including
goods and services that are environmentally preferable, energy-efficient,
water-efficient, and contain recycled content.
(b)Preference for
post-Consumer content paperExcept as specifically exempted by the
Secretary concerned, all paper used by the Department of Defense shall contain
at least 30 percent post-consumer fiber
content.
.
(b)The table of sections at the beginning of such
subchapter is amended by adding at the end the following new item:
2922g. Procurement preference for goods
and services derived using sustainable
practices.
.
4.Renewable energy
generation sources for Department of Defense energy needs
(a)Department of
Defense renewable energy goalsSection 2911(e) of title 10, United States
Code, is amended—
(1)by redesignating
paragraph (2) as paragraph (3); and
(2)by inserting
after paragraph (1) the following new paragraph (2):
(2)Of the amounts of electric energy
produced or procured from renewable energy sources to achieve the goals in
section 203(a) of the Energy Policy Act of 2005 (42 U.S.C. 15852(a)) for fiscal
year 2011 and each subsequent fiscal year, and in paragraph (1)(A)—
(A)at least 50 percent shall be produced
or procured from renewable energy sources that became fully operational after
January 1, 1999; and
(B)at
least 20 percent shall be produced or procured from renewable energy sources
that became fully operational after September 30,
2009.
.
(b)Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense shall
submit to Congress a plan for meeting the goals described in paragraph (2) of
section 2911(e) of title 10, United States Code (as amended by subsection (a)
of this section), in conformance with the requirements of that
paragraph.
5.Consideration of
environmentally sustainable practices in Department energy performance
planSection 2911(c) of title
10, United States Code, is amended—
(1)in paragraph (4),
by inserting and hybrid-electric drive
after alternative
fuels
;
(2)by redesignating
paragraph (9) as paragraph (11) and paragraphs (5) through (8) as paragraphs
(6) through (9), respectively;
(3)by inserting after
paragraph (4) the following new paragraph (5):
(5)Opportunities for the high-performance
construction, lease, operation, and maintenance of
buildings.
;
and
(4)by inserting after
paragraph (9) (as redesignated by paragraph (2)) the following new
paragraph:
(10)The value of incorporating electric,
hybrid-electric, and high-efficiency vehicles into vehicle
fleets.
.
6.Application of
requirements regarding use of renewable forms of energy and energy efficient
products to contractors operating Government-owned facilities and tenants and
concessionairesSection 2915
of title 10, United States Code, is amended by adding at the end the following
new subsection:
(f)Application to
contractors operating government-Owned facilities and tenants and
concessionaires(1)The Secretary of Defense shall require that
any contract described in paragraph (2) entered into by the Secretary of a
military department or the head of a Defense Agency after September 30, 2010,
includes a provision requiring the non-Federal party to the contract to comply
with the requirements of this section regarding use of renewable forms of
energy and energy efficient products.
(2)Paragraph (1) applies to the following
contracts:
(A)A contract providing for contractor
operation of a Government-owned facility of the Department of Defense.
(B)A
contract involving a permit, lease, license, or other legally binding
obligation between the Department and a tenant or concessionaire.
(3)The Secretary of Defense may
authorize an exception to paragraph (1) on a contract-by-contract
basis.
.
7.Funding for
energy conservation projects
(a)Authorization To
obligate fundsThe Secretary of Defense may obligate, from
amounts appropriated pursuant to the authorization of appropriations in section
2403 of the Military Construction Authorization for Fiscal Year 2011 to carry
out energy conservation projects, $290,000,000 to carry out energy conservation
projects under chapter 173 of title 10, United States Code, to accelerate
implementation of the energy performance plan of the Department of Defense and
achievement of the energy performance goals established under section 2911 of
such title, as amended by this Act.
(b)Authorization of
appropriations To compensate for deficiencyThere is authorized
to be appropriated to the Secretary of Defense an amount equal to the
difference between—
(1)the amount that
may be obligated by the Secretary of Defense under subsection (a); and
(2)the amount
appropriated pursuant to the authorization of appropriations in section 2403 of
the Military Construction Authorization for Fiscal Year 2011 to carry out
energy conservation projects.
8.Improved building
efficiency for Department of Defense facilities
(a)Insulation
retrofitting assessmentNot
later than 180 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to Congress an assessment of—
(1)the potential for
improving the insulation of Department of Defense facilities; and
(2)the savings that
would be generated by retrofitting, to improve insulation, all Department
facilities that are not scheduled for replacement under the future-years
defense program submitted to Congress during fiscal year 2011 under section 221
of title 10, United States Code.
(b)Energy and water
evaluations
(1)Energy managers for
Department of Defense facilities shall complete an annual comprehensive energy
and water evaluation for at least 25 percent of the Department facilities. Each
Department facility shall be evaluated at least once every four years.
(2)An
evaluation shall, with respect to each facility—
(A)identify, through
means including a recommissioning or retrocommissioning process, measures to
improve the energy and water efficiency of the facility, including the
efficiency of—
(i)lighting, heating,
ventilating, and air-conditioning systems;
(ii)combined heat and
power systems; and
(iii)the building
envelope (including insulation, roofing, and windows); and
(B)assess the
feasibility and life cycle cost-effectiveness of—
(i)implementing the
measures identified in subparagraph (A); and
(ii)providing on-site
renewable electricity generation.
(3) Implementation
of identified energy and water efficiency measuresNot later than
two years after the completion of each evaluation under this subsection, the
energy manager shall—
(A)implement any
measure assessed under clause (i) or (ii) of paragraph (2)(B) to be feasible
and life cycle cost-effective; and
(B)in implementing
measures under subparagraph (A), bundle individual measures of varying paybacks
together into combined projects.
(4)Follow-up on
implemented measuresFor each measure implemented under paragraph
(3), the energy manager shall ensure that—
(A)equipment,
including building and equipment controls, is fully commissioned at acceptance
to be operating at design specifications;
(B)a plan for
appropriate operations, maintenance, and repair of the equipment is in place at
acceptance and is followed;
(C)equipment and
system performance is measured during its entire life to ensure proper
operations, maintenance, and repair; and
(D)energy and water
savings are measured and verified.
(5)Certain
facilities exemptedThis
subsection does not apply to facilities that are scheduled for replacement
under the future-years defense program submitted to Congress during fiscal year
2011 under section 221 of title 10, United States Code.
(6)Life cycle
cost-effective definedIn
this subsection, the term life cycle cost-effective, with respect
to a measure, means a measure, the estimated net savings of which (including
savings in estimated energy and water costs and operations, maintenance,
repair, replacement, and other direct costs) exceed the estimated costs,
including the cost of the initial implementation of the measure but not
financing costs, over the lifespan of the measure. The Secretary of Defense may
make such modifications and provide such exceptions to the calculation of the
payback period of a measure as the Secretary determines to be appropriate to
achieve the purposes of this Act.
(7)Authorization to
obligate fundsThe Secretary
of Defense may obligate, from funds authorized to be appropriated for the
Department of Defense for fiscal year 2011 for operation and maintenance such
sums as are necessary to carry out this subsection.
(8)This subsection shall not be construed to require or
to obviate any contractor savings guarantees.
(9)The requirement imposed by this subsection
shall commence 180 days after the date of enactment of this Act.
(c)Installation of
high-Efficiency insulation on facilities at forward operating
locationsThe Secretary of
each military department shall require the installation of high-efficiency
insulation on any climate-controlled structure at a forward operating location
of the Armed Forces under the jurisdiction of the Secretary if the Secretary
determines that inclusion of high-efficiency insulation will result in a
reduction in energy use and will be life cycle cost-effective.
(d)Goal To develop
on-Site renewable electricity generationThe Secretary of Defense shall ensure that,
of the total energy anticipated to be consumed in a fiscal year by facilities
constructed after fiscal year 2020, at least 20 percent of the energy is
derived from renewable electricity generation occurring on the parcels on which
new facilities will be located.
9.Conversion of
Department of Defense fleet of non-tactical motor vehicles to electric and
hybrid motor vehicles
(a)
(1)Subchapter II of
chapter 173 of title 10, United States Code, is amended by inserting after
section 2922c the following new section:
2922c-1.Conversion
of Department of Defense non-tactical motor vehicle fleet to motor vehicles
using electric or hybrid propulsion systems
(a)Not later than
September 30, 2015, the Secretary of each military department and the head of
each Defense Agency shall convert the fleet of non-tactical motor vehicles of
the department or Defense Agency that is powered by petroleum-derived fuel to
motor vehicles using—
(1)electric
propulsion;
(2)hybrid propulsion;
or
(3)an alternative
propulsion system with at least a 30 percent net increase in energy efficiency
per vehicle over the conventional propulsion system.
(b)To comply with the deadline specified in
subsection (a), in procuring motor vehicles for use by a military department or
Defense Agency after the date of the enactment of this section, the Secretary
of the military department or the head of the Defense Agency shall provide a
preference for the procurement of non-tactical motor vehicles with a propulsion
system described in paragraph (1), (2), or (3) of subsection (a), including
plug-in hybrid systems, if the motor vehicles—
(1)will meet the
requirement or the need for the procurement; and
(2)are commercially available at a cost
reasonably comparable, on the basis of life-cycle cost, to motor vehicles
containing only an internal combustion or heat engine using combustible
fuel.
(c)This section shall not apply to motor
vehicles that are on a replacement cycle greater than 10 years on the date of
the enactment of this section.
(d)In this section, the
term hybrid, with respect to a motor vehicle, means a motor
vehicle that draws propulsion energy from onboard sources of stored energy that
are both—
(1)an internal
combustion or heat engine using combustible fuel; and
(2)a rechargeable
energy storage
system.
.
(2)The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to section 2922c the
following new item:
2922c-1. Conversion of Department of
Defense non-tactical motor vehicle fleet to motor vehicles using electric or
hybrid propulsion
systems.
.
(b)Extension to
contractor-Operated, Government-Owned vehiclesThe Secretary of Defense shall require that
contracts entered into by the Secretary of a military department or the head of
a Defense Agency after the date of the enactment of this Act for contractor
operation of Government-owned vehicles include a provision requiring the
contractor to comply with section 2922c-1 of title 10, United States Code, as
added by subsection (a), to the same extent as the Department is required to
comply with such section.
10.Research and
development activities to incorporate hybrid-drive technology into current and
future tactical fleet of military ground vehicles
(a)Identification
of usable hybrid-Drive technologyNot later than 90 days after the date of
enactment of this Act, the Secretary of each military department shall submit
to Congress a report identifying hybrid-drive technologies suitable for
incorporation into the next reset and recap of motor vehicles of the current
tactical fleet of each Armed Force under the jurisdiction of the Secretary. In
identifying suitable hybrid-drive technologies, the Secretary shall consider
the feasibility and cost of incorporating a hybrid-drive technology into each
vehicle and the design changes and amount of time required for
incorporation.
(b)Authorization of
obligationThe Secretary of Defense is authorized to obligate,
from funds appropriated for the Department of Defense for research,
development, test, and evaluation for fiscal year 2011, $50,000,000 to
incorporate hybrid-drive technologies identified under subsection (a) into the
current tactical fleets of the Armed Forces.
(c)Hybrid-Drive
technology definedIn this
section, the term hybrid-drive technology means a propulsion
system, including the engine and drive train, that draws energy from onboard
sources of stored energy that involve—
(1)an internal
combustion or heat engine using combustible fuel; and
(2)a
rechargeable energy storage system.
11.Development of
biofuel derived from materials that do not compete with food stocks and is
suitable for use as aviation fuel
(a)Development plan
requiredNot later than 180
days after the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a testing and certification plan to develop and put
into operational use by September 30, 2016, a biofuel derived from materials
that do not compete with food stocks and is suitable for use as or in an
aviation fuel for military purposes.
(b)Notification of
operational availability of biofuelThe Secretary shall notify Congress as soon
as practicable after the Secretary determines that an aviation fuel that
consists of at least 50 percent biofuels described under subsection (a) is
available for operational use by the Armed Forces for military aviation
purposes.
12.
(a)The Deputy Under
Secretary of Defense for Installations and Environment and the Director of
Operational Energy Plans and Program shall be the officials of the Department
of Defense responsible for the implementation of this Act and the amendments
made by this Act. Such officials shall monitor the implementation plans of the
military departments and Defense Agencies and keep the Secretary of Defense
informed of all guidance issued and activities carried out within the
Department of Defense that relate to the implementation of this Act and the
amendments made by this Act.
(b)This Act and the amendments made by this
Act shall apply with respect to the activities, personnel, resources, and
facilities of the Department of Defense that are located within the United
States as well as those facilities, regardless of whether permanent or
temporary, that are located outside the United States.
(c)The Secretary of
Defense shall submit to Congress a semiannual progress report on the
implementation of this Act and the amendments made by this Act.
13.
(a)The Secretary of
Defense may waive the implementation or operation of a provision of this Act or
an amendment made by this Act if the Secretary certifies to the Congress that
implementation or continued operation of such provision would adversely impact
the national security of the United States.
(b)Intelligence
activity waiverThe Director
of National Intelligence may, in consultation with the Secretary of Defense,
exempt an intelligence activity of the United States, and related personnel,
resources, and facilities, from a provision of this Act or an amendment made by
this Act to the extent the Director and Secretary determine necessary to
protect intelligence sources and methods from unauthorized disclosure.