1.Short title and table of
contents
(a)This Act may be cited
as the Federal Cost Reduction Act of
2011
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Reduction and consolidation of data
centers.
Sec. 5. GSA reports.
Sec. 6. Reduction of printing.
Sec. 7. Implementation of Federal employee cost savings
proposals.
Sec. 8. Power purchase agreement program.
Sec. 9. Federal facility energy efficiency and renewable energy
projects fund.
Sec. 10. Incentives for Executive agencies for utility energy
savings contracts.
Sec. 11. Renewable energy facilities surveys by Executive
agencies.
Sec. 12. Adoption of personal computer power savings techniques
by Executive agencies.
Sec. 13. Federal energy management and data collection
standard.
Sec. 14. Advanced metering best practices for advanced
metering.
Sec. 15. Availability of funds for design updates.
Sec. 16. Continuous commissioning within the Federal building
stock.
Sec. 17. Elimination of State matching requirement for energy
efficiency upgrades at National Guard and reserve armories and readiness
centers.
2.Congress finds the following:
(1)The number of
Federal data centers has quintupled over the past decade from 400 to more than
2,000.
(2)Data center
consolidation, including data centers of the House of Representatives, has
reduced electricity expenses and requisite real estate where it has been
pursued.
(3)Federal energy
expenses exceed $24 billion annually, while most existing Federal facilities do
not meet efficiency standards that are expected for new Federal
construction.
(4)Contract period
limitations of 10 years for Federal Executive agencies limit deployment of
domestic energy sources that could reduce long-term Federal energy
expenses.
(5)Energy saving
performance contracts can offer low or zero cost options for improving energy
efficiency in Federal facilities.
(6)The Federal
Government spends $1.3 billion annually on employee printing.
(7)Federal employees
estimate that they immediately recycle 35 percent of all paper printed,
equating to $440.4 million in potential annual savings.
(8)Only 9 percent of
Federal Executive agencies have automatic duplex printing.
(9)The Department of
Veterans Affairs has developed an acquisition personnel training center to
improve Federal employee productivity and reduce employee turnover.
(10)Federal employees
have proposed more than 18,000 ways to save taxpayer money through the
Save Awards
.
3.In this Act:
(1)Appropriate
congressional committeesThe term appropriate congressional
committees means—
(A)the Committee on
Oversight and Government Reform of the House of Representatives; and
(B)the Committee on
Homeland Security and Governmental Affairs of the Senate.
(2)Energy savings
performance contractThe term
energy savings performance contract means a contract that provides
for the performance of services for the design, acquisition, installation,
testing, operation, and, where appropriate, maintenance and repair of an
identified energy conservation measure or series of measures at one or more
locations.
(3)The term Federal
data center—
(A)means a room
within a conventional building that is devoted to data processing servers,
including server closets that are typically less than 200 square feet and
server rooms that are typically less than 500 square feet;
(B)means larger floor
spaces or entire buildings dedicated to housing servers, storage devices, and
network equipment; and
(C)does not include
any facilities that are exclusively devoted to communications and network
equipment (such as telephone exchanges and telecommunications rooms and
closets).
(4)Except as provided in
section 8, the term Executive agency has the meaning given that
term in section 105 of title 5, United States Code.
4.Reduction and
consolidation of data centers
(a)Not later than
6 months after the date of the enactment of this Act, the Director of the
Office of Management and Budget, in consultation with the Administrator of
General Services and the heads of other Executive agencies, shall issue
recommendations for reducing or consolidating the number of Federal data
centers in existence as of the date of the enactment of this Act—
(1)by at least 40
percent not later than September 30, 2016; and
(2)by at least 80
percent not later than September 30, 2021.
(b)Reduction of
data centersNot later than 6
months after the issuance of recommendations by the Director of the Office of
Management and Budget under subsection (a), the head of each Executive agency
shall implement the recommendations by reducing the number of Federal data
centers in accordance with such recommendations.
5.
(a)Report on
reducing real estate costs and energy expendituresNot
later than one year after the date of the enactment of this Act, the
Administrator of General Services shall submit to the appropriate congressional
committees a report on the following:
(1)Recommendations to
reduce long-term real estate costs through consolidating or eliminating leased
space and any additional authority that might be necessary to replace leased
space with owned space if the payback period is 15 years or fewer.
(2)A description of a
plan by the General Services Administration to use energy saving performance
contracts and other low-capital investments to reduce energy
expenditures.
(b)Report and plan
To reduce Federal automobile parking expenses
(1)Not later than 6
months after the date of the enactment of this Act, the Administrator of
General Services shall submit to the Congress a report on the annual expense
for each of fiscal years 2000 through 2010 for Federal employee parking,
including—
(A)parking spaces and
parking facilities that are leased or owned by the Federal Government;
(B)maintenance and
construction costs for such spaces and facilities; and
(C)the total
construction costs for parking facilities that are used by Federal employees
for fiscal years 2000 through 2010.
(2)Plan to reduce
parking expensesNot later
than one year after the date of the enactment of this Act, the General Services
Administration shall submit a report to Congress that includes a plan, using
existing agency authorities, to reduce the expense for Federal employee parking
by at least five percent annually for each of the next 5 fiscal years after
date of enactment of this Act.
6.Not later than 6
months after the date of the enactment of this Act, each Executive agency shall
establish a plan to reduce by 35 percent the volume of material printed during
fiscal year 2011 for each of fiscal years 2012 through 2022, including a
requirement for duplex printing as the default setting on all Federal printers
and copiers, where applicable, and shall submit such plan to the Office of the
Environmental Executive.
7.Implementation of
Federal employee cost savings proposalsNot later than 12 months after the date of
the enactment of this Act, the Director of the Office of Personnel Management
shall submit to the appropriate congressional committees a plan to implement
Federal employee cost savings proposals.
8.Power purchase
agreement program
(a)In
this section:
(1)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)The term Executive agency has the meaning
given the term in section 133 of title 41, United States Code.
(3)The term Federal facility has the meaning
given the term facility in section 543(f)(1)(C) of the National
Energy Conservation Policy Act (42 U.S.C. 8253(f)(1)(C)).
(4)The term Government corporation has the
meaning given the term in section 103 of title 5, United States Code.
(5)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 agenciesIn 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
requirementA 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 agreementNotwithstanding 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 costsEach 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 facilitiesAn 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 projectsAn 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)The
Secretary of Energy shall promulgate such regulations as are necessary to carry
out this section.
(f)Authorization of
appropriationsThere are authorized to be appropriated to carry
out this section such sums as are necessary for each of fiscal years 2012
through 2015, to remain available until expended.
9.Federal facility
energy efficiency and renewable energy projects fund
(a)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)
(1)Authorization of
appropriationsThere are authorized to be appropriated to the
Fund $500,000,000, to remain available until expended.
(2)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)
(1)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)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)
(1)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)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)The Secretary shall establish a Federal facility energy
efficiency and renewable energy projects fund program under which the Secretary
shall make loans to Executive agencies to assist the agencies in reducing
energy use and related purposes, as determined by the Secretary.
(2)Guidelines for
applicationsNot later than 180 days after the date of enactment
of this Act, the Secretary shall issue guidelines for Executive agencies to
submit applications for loans under this subsection.
(3)Each
Executive agency shall be eligible to submit an application for a loan under
this subsection.
(4)
(A)The Secretary shall award loans under this subsection on
a competitive basis.
(B)The
Secretary shall convene a committee of Executive 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)In
determining whether to provide a loan to an Executive 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.
10.Incentives for
Executive agencies for utility energy savings contractsNot 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 Executive agencies to retain the financial
savings that result from entering into utility energy savings contracts.
11.Renewable energy
facilities surveys by Executive agencies
(a)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 Executive agencies
to implement, unless inconsistent with the mission of the Executive 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 locationsNot later than 1 year after the date of
the promulgation of regulations under subsection (a), each Executive agency
shall complete the report of the agency that identifies potential locations
described in subsection (a).
12.Adoption of
personal computer power savings techniques by Executive agencies
(a)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 Executive 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 savingsNot later than 90 days after the date of the issuance
of the guidance under subsection (a), each Executive 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).
13.Federal energy
management and data collection standard
(a)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, the Office of Science and Technology
Policy, and relevant industry and nonprofit groups, shall develop and issue
guidance on a Federal energy management and data collection standard.
(b)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.
14.Advanced
metering best practices for advanced meteringSection 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)
(A)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)Reports
submitted under subparagraph (A) shall be updated annually.
(4)
(A)Not later than 180 days after the date of enactment of
the Federal Cost Reduction Act of
2011, 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)The
report described under subparagraph (A) shall be updated annually.
(C)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.
.
15.Availability of
funds for design updatesSection 3307 of title 40, United States
Code, is amended—
(1)by redesignating
subsections (d) through (h) as subsections (e) through (i); and
(2)by inserting after
subsection (c) the following:
(d)Availability of
funds for design updates
(1)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 of this
title.
(2)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).
.
16.Continuous
commissioning within the Federal building stock
(a)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)Not later than 1 year after the date of enactment of the
Federal Cost Reduction Act of
2011, 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)Not
later than 180 days after the date of enactment of the
Federal Cost Reduction Act of
2011, the Administrator and the Secretary of Energy shall
promulgate such regulations as are necessary to carry out this
subsection.
.
(b)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)
.
17.Elimination of
State matching requirement for energy efficiency upgrades at National Guard and
reserve armories and readiness centersSection 18236(b) of title 10, United States
Code, is amended—
(1)by redesignating
paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(2)by striking
A contribution
and inserting (1) Subject to paragraph
(2), a contribution
;
(3)by striking
For the purpose
and inserting (3) For the
purpose
; and
(4)by inserting after
subparagraph (B) of paragraph (1), as so designated, the following new
paragraph:
(2)If an armory or readiness center
project for which a contribution is made under paragraph (4) or (5) of section
18233(a) of this title consists of or includes an energy efficiency upgrade,
the Secretary of Defense shall cover—
(A)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), as provided in subparagraph (A) of paragraph
(1); and
(B)100 percent of the cost of construction
related to the upgrade, notwithstanding subparagraph (B) of paragraph (1), and
payment of such cost shall not be considered in applying the limitation in such
subparagraph.
.