[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4850 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                    September 22 (legislative day, September 21), 2012.
    Resolved, That the bill from the House of Representatives (H.R. 
4850) entitled ``An Act to allow for innovations and alternative 
technologies that meet or exceed desired energy efficiency goals.'', do 
pass with the following

                               AMENDMENT:

            At the end of the bill, add the following:

SEC. 3. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER HEATERS.

    Section 325(e) of the Energy Policy and Conservation Act (42 U.S.C. 
6295(e)) is amended by adding at the end the following:
            ``(5) Uniform efficiency descriptor for covered water 
        heaters.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Covered water heater.--The term 
                        `covered water heater' means--
                                    ``(I) a water heater; and
                                    ``(II) a storage water heater, 
                                instantaneous water heater, and unfired 
                                water storage tank (as defined in 
                                section 340).
                            ``(ii) Final rule.--The term `final rule' 
                        means the final rule published under this 
                        paragraph.
                    ``(B) Publication of final rule.--Not later than 
                180 days after the date of enactment of this paragraph, 
                the Secretary shall publish a final rule that 
                establishes a uniform efficiency descriptor and 
                accompanying test methods for covered water heaters.
                    ``(C) Purpose.--The purpose of the final rule shall 
                be to replace with a uniform efficiency descriptor--
                            ``(i) the energy factor descriptor for 
                        water heaters established under this 
                        subsection; and
                            ``(ii) the thermal efficiency and standby 
                        loss descriptors for storage water heaters, 
                        instantaneous water heaters, and unfired water 
                        storage tanks established under section 
                        342(a)(5).
                    ``(D) Effect of final rule.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this title, effective 
                        beginning on the effective date of the final 
                        rule, the efficiency standard for covered water 
                        heaters shall be denominated according to the 
                        efficiency descriptor established by the final 
                        rule.
                            ``(ii) Effective date.--The final rule 
                        shall take effect 1 year after the date of 
                        publication of the final rule under 
                        subparagraph (B).
                    ``(E) Conversion factor.--
                            ``(i) In general.--The Secretary shall 
                        develop a mathematical conversion factor for 
                        converting the measurement of efficiency for 
                        covered water heaters from the test procedures 
                        in effect on the date of enactment of this 
                        paragraph to the new energy descriptor 
                        established under the final rule.
                            ``(ii) Application.--The conversion factor 
                        shall apply to models of covered water heaters 
                        affected by the final rule and tested prior to 
                        the effective date of the final rule.
                            ``(iii) Effect on efficiency 
                        requirements.--The conversion factor shall not 
                        affect the minimum efficiency requirements for 
                        covered water heaters otherwise established 
                        under this title.
                            ``(iv) Use.--During the period described in 
                        clause (v), a manufacturer may apply the 
                        conversion factor established by the Secretary 
                        to rerate existing models of covered water 
                        heaters that are in existence prior to the 
                        effective date of the rule described in clause 
                        (v)(II) to comply with the new efficiency 
                        descriptor.
                            ``(v) Period.--Subclause (E) shall apply 
                        during the period--
                                    ``(I) beginning on the date of 
                                publication of the conversion factor in 
                                the Federal Register; and
                                    ``(II) ending on April 16, 2015.
                    ``(F) Exclusions.--The final rule may exclude a 
                specific category of covered water heaters from the 
                uniform efficiency descriptor established under this 
                paragraph if the Secretary determines that the category 
                of water heaters--
                            ``(i) does not have a residential use and 
                        can be clearly described in the final rule; and
                            ``(ii) are effectively rated using the 
                        thermal efficiency and standby loss descriptors 
                        applied (as of the date of enactment of this 
                        paragraph) to the category under section 
                        342(a)(5).
                    ``(G) Options.--The descriptor set by the final 
                rule may be--
                            ``(i) a revised version of the energy 
                        factor descriptor in use as of the date of 
                        enactment of this paragraph;
                            ``(ii) the thermal efficiency and standby 
                        loss descriptors in use as of that date;
                            ``(iii) a revised version of the thermal 
                        efficiency and standby loss descriptors;
                            ``(iv) a hybrid of descriptors; or
                            ``(v) a new approach.
                    ``(H) Application.--The efficiency descriptor and 
                accompanying test method established under the final 
                rule shall apply, to the maximum extent practicable, to 
                all water heating technologies in use as of the date of 
                enactment of this paragraph and to future water heating 
                technologies.
                    ``(I) Participation.--The Secretary shall invite 
                interested stakeholders to participate in the 
                rulemaking process used to establish the final rule.
                    ``(J) Testing of alternative descriptors.--In 
                establishing the final rule, the Secretary shall 
                contract with the National Institute of Standards and 
                Technology, as necessary, to conduct testing and 
                simulation of alternative descriptors identified for 
                consideration.
                    ``(K) Existing covered water heaters.--A covered 
                water heater shall be considered to comply with the 
                final rule on and after the effective date of the final 
                rule and with any revised labeling requirements 
                established by the Federal Trade Commission to carry 
                out the final rule if the covered water heater--
                            ``(i) was manufactured prior to the 
                        effective date of the final rule; and
                            ``(ii) complied with the efficiency 
                        standards and labeling requirements in effect 
                        prior to the final rule.''.

SEC. 4. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM TEMPERATURE 
              COMMERCIAL REFRIGERATORS.

    Section 342(c) of the Energy Policy and Conservation Act (42 U.S.C. 
6313(c)) is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraph (C) as 
                subparagraph (E); and
                    (B) by inserting after subparagraph (B) the 
                following:
                    ``(C) The term `service over the counter, self-
                contained, medium temperature commercial refrigerator' 
                or `(SOC-SC-M)' means a medium temperature commercial 
                refrigerator--
                            ``(i) with a self-contained condensing unit 
                        and equipped with sliding or hinged doors in 
                        the back intended for use by sales personnel, 
                        and with glass or other transparent material in 
                        the front for displaying merchandise; and
                            ``(ii) that has a height not greater than 
                        66 inches and is intended to serve as a counter 
                        for transactions between sales personnel and 
                        customers.
                    ``(D) The term `TDA' means the total display area 
                (ft\2\) of the refrigerated case, as defined in AHRI 
                Standard 1200.'';
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (3) by inserting after paragraph (3) the following:
            ``(4) Each SOC-SC-M manufactured on or after January 1, 
        2012, shall have a total daily energy consumption (in kilowatt 
        hours per day) of not more than 0.6 x TDA + 1.0.''.

SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMINISTRATIVE CHANGES.

    (a) Through-the-Wall Central Air Conditioners, Through-the-Wall 
Central Air Conditioning Heat Pumps, and Small Duct, High Velocity 
Systems.--Section 325(d) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(d)) is amended by adding at the end the following:
            ``(4) Standards for through-the-wall central air 
        conditioners, through-the-wall central air conditioning heat 
        pumps, and small duct, high velocity systems.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Small duct, high velocity system.--
                        The term `small duct, high velocity system' 
                        means a heating and cooling product that 
                        contains a blower and indoor coil combination 
                        that--
                                    ``(I) is designed for, and 
                                produces, at least 1.2 inches of 
                                external static pressure when operated 
                                at the certified air volume rate of 
                                220-350 CFM per rated ton of cooling; 
                                and
                                    ``(II) when applied in the field, 
                                uses high velocity room outlets 
                                generally greater than 1,000 fpm that 
                                have less than 6.0 square inches of 
                                free area.
                            ``(ii) Through-the-wall central air 
                        conditioner; through-the-wall central air 
                        conditioning heat pump.--The terms `through-
                        the-wall central air conditioner' and `through-
                        the-wall central air conditioning heat pump' 
                        mean a central air conditioner or heat pump, 
                        respectively, that is designed to be installed 
                        totally or partially within a fixed-size 
                        opening in an exterior wall, and--
                                    ``(I) is not weatherized;
                                    ``(II) is clearly and permanently 
                                marked for installation only through an 
                                exterior wall;
                                    ``(III) has a rated cooling 
                                capacity no greater than 30,000 Btu/hr;
                                    ``(IV) exchanges all of its outdoor 
                                air across a single surface of the 
                                equipment cabinet; and
                                    ``(V) has a combined outdoor air 
                                exchange area of less than 800 square 
                                inches (split systems) or less than 
                                1,210 square inches (single packaged 
                                systems) as measured on the surface 
                                area described in subclause (IV).
                            ``(iii) Revision.--The Secretary may revise 
                        the definitions contained in this subparagraph 
                        through publication of a final rule.
                    ``(B) Small-duct high-velocity systems.--
                            ``(i) Seasonal energy efficiency ratio.--
                        The seasonal energy efficiency ratio for small-
                        duct high-velocity systems shall be not less 
                        than--
                                    ``(I) 11.00 for products 
                                manufactured on or after January 23, 
                                2006; and
                                    ``(II) 12.00 for products 
                                manufactured on or after January 1, 
                                2015.
                            ``(ii) Heating seasonal performance 
                        factor.--The heating seasonal performance 
                        factor for small-duct high-velocity systems 
                        shall be not less than--
                                    ``(I) 6.8 for products manufactured 
                                on or after January 23, 2006; and
                                    ``(II) 7.2 for products 
                                manufactured on or after January 1, 
                                2015.
                    ``(C) Subsequent rulemakings.--The Secretary shall 
                conduct subsequent rulemakings for through-the-wall 
                central air conditioners, through-the-wall central air 
                conditioning heat pumps, and small duct, high velocity 
                systems as part of any rulemaking under this section 
                used to review or revise standards for other central 
                air conditioners and heat pumps.''.
    (b) Duty to Review Commercial Equipment.--Section 342(a)(6) of the 
Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is amended--
            (1) in subparagraph (A)(i), by inserting ``the standard 
        levels or design requirements applicable under that standard 
        to'' immediately before ``any small commercial''; and
            (2) in subparagraph (C)--
                    (A) in clause (i)--
                            (i) by striking ``Not later than 6 years 
                        after issuance of any final rule establishing 
                        or amending a standard, as required for a 
                        product under this part,'' and inserting 
                        ``Every 6 years,''; and
                            (ii) by inserting after ``the Secretary 
                        shall'' the following: ``conduct an evaluation 
                        of each class of covered equipment and shall''; 
                        and
                    (B) by adding at the end the following:
                            ``(vi) For any covered equipment as to 
                        which more than 6 years has elapsed since the 
                        issuance of the most recent final rule 
                        establishing or amending a standard for the 
                        product as of the date of enactment of this 
                        clause, the first notice required under clause 
                        (i) shall be published by December 31, 2013.''.
    (c) Petition for Amended Standards.--Section 325(n) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(n)) is amended--
            (1) by redesignating paragraph (3) as paragraph (5); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Notice of decision.--Not later than 180 days after 
        the date of receiving a petition, the Secretary shall publish 
        in the Federal Register a notice of, and explanation for, the 
        decision of the Secretary to grant or deny the petition.
            ``(4) New or amended standards.--Not later than 3 years 
        after the date of granting a petition for new or amended 
        standards, the Secretary shall publish in the Federal 
        Register--
                    ``(A) a final rule that contains the new or amended 
                standards; or
                    ``(B) a determination that no new or amended 
                standards are necessary.''.

SEC. 6. TECHNICAL CORRECTIONS.

    (a) Title III of Energy Independence and Security Act of 2007--
Energy Savings Through Improved Standards for Appliances and 
Lighting.--
            (1) Section 325(u) of the Energy Policy and Conservation 
        Act (42 U.S.C. 6295(u)) (as amended by section 301(c) of the 
        Energy Independence and Security Act of 2007 (121 Stat. 1550)) 
        is amended--
                    (A) by redesignating paragraph (7) as paragraph 
                (4); and
                    (B) in paragraph (4) (as so redesignated), by 
                striking ``supplies is'' and inserting ``supply is''.
            (2) Section 302(b) of the Energy Independence and Security 
        Act of 2007 (121 Stat. 1551) is amended by striking ``6313(a)'' 
        and inserting ``6314(a)''.
            (3) Section 342(a)(6) of the Energy Policy and Conservation 
        Act (42 U.S.C. 6313(a)(6)) (as amended by section 305(b)(2) of 
        the Energy Independence and Security Act of 2007 (121 Stat. 
        1554)) is amended--
                    (A) in subparagraph (B)--
                            (i) by striking ``If the Secretary'' and 
                        inserting the following:
                            ``(i) In general.--If the Secretary'';
                            (ii) by striking ``clause (ii)(II)'' and 
                        inserting ``subparagraph (A)(ii)(II)'';
                            (iii) by striking ``clause (i)'' and 
                        inserting ``subparagraph (A)(i)''; and
                            (iv) by adding at the end the following:
                                            ``(ii) Factors.--In 
                                        determining whether a standard 
                                        is economically justified for 
                                        the purposes of subparagraph 
                                        (A)(ii)(II), the Secretary 
                                        shall, after receiving views 
                                        and comments furnished with 
                                        respect to the proposed 
                                        standard, determine whether the 
                                        benefits of the standard exceed 
                                        the burden of the proposed 
                                        standard by, to the maximum 
                                        extent practicable, 
                                        considering--
                                    ``(I) the economic impact of the 
                                standard on the manufacturers and on 
                                the consumers of the products subject 
                                to the standard;
                                    ``(II) the savings in operating 
                                costs throughout the estimated average 
                                life of the product in the type (or 
                                class) compared to any increase in the 
                                price of, or in the initial charges 
                                for, or maintenance expenses of, the 
                                products that are likely to result from 
                                the imposition of the standard;
                                    ``(III) the total projected 
                                quantity of energy savings likely to 
                                result directly from the imposition of 
                                the standard;
                                    ``(IV) any lessening of the utility 
                                or the performance of the products 
                                likely to result from the imposition of 
                                the standard;
                                    ``(V) the impact of any lessening 
                                of competition, as determined in 
                                writing by the Attorney General, that 
                                is likely to result from the imposition 
                                of the standard;
                                    ``(VI) the need for national energy 
                                conservation; and
                                    ``(VII) other factors the Secretary 
                                considers relevant.
                            ``(iii) Administration.--
                                    ``(I) Energy use and efficiency.--
                                The Secretary may not prescribe any 
                                amended standard under this paragraph 
                                that increases the maximum allowable 
                                energy use, or decreases the minimum 
                                required energy efficiency, of a 
                                covered product.
                                    ``(II) Unavailability.--
                                            ``(aa) In general.--The 
                                        Secretary may not prescribe an 
                                        amended standard under this 
                                        subparagraph if the Secretary 
                                        finds (and publishes the 
                                        finding) that interested 
                                        persons have established by a 
                                        preponderance of the evidence 
                                        that a standard is likely to 
                                        result in the unavailability in 
                                        the United States in any 
                                        product type (or class) of 
                                        performance characteristics 
                                        (including reliability, 
                                        features, sizes, capacities, 
                                        and volumes) that are 
                                        substantially the same as those 
                                        generally available in the 
                                        United States at the time of 
                                        the finding of the Secretary.
                                            ``(bb) Other types or 
                                        classes.--The failure of some 
                                        types (or classes) to meet the 
                                        criterion established under 
                                        this subclause shall not affect 
                                        the determination of the 
                                        Secretary on whether to 
                                        prescribe a standard for the 
                                        other types or classes.''; and
                    (B) in subparagraph (C)(iv), by striking ``An 
                amendment prescribed under this subsection'' and 
                inserting ``Notwithstanding subparagraph (D), an 
                amendment prescribed under this subparagraph''.
            (4) Section 342(a)(6)(B)(iii) of the Energy Policy and 
        Conservation Act (as added by section 306(c) of the Energy 
        Independence and Security Act of 2007 (121 Stat. 1559)) is 
        transferred and redesignated as clause (vi) of section 
        342(a)(6)(C) of the Energy Policy and Conservation Act (as 
        amended by section 305(b)(2) of the Energy Independence and 
        Security Act of 2007 (121 Stat. 1554)).
            (5) Section 345 of the Energy Policy and Conservation Act 
        (42 U.S.C. 6316) (as amended by section 312(e) of the Energy 
        Independence and Security Act of 2007 (121 Stat. 1567)) is 
        amended--
                    (A) by striking ``subparagraphs (B) through (G)'' 
                each place it appears and inserting ``subparagraphs 
                (B), (C), (D), (I), (J), and (K)'';
                    (B) by striking ``part A'' each place it appears 
                and inserting ``part B''; and
                    (C) in subsection (a)--
                            (i) in paragraph (8), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (9), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(10) section 327 shall apply with respect to the 
        equipment described in section 340(1)(L) beginning on the date 
        on which a final rule establishing an energy conservation 
        standard is issued by the Secretary, except that any State or 
        local standard prescribed or enacted for the equipment before 
        the date on which the final rule is issued shall not be 
        preempted until the energy conservation standard established by 
        the Secretary for the equipment takes effect.'';
                    (D) in subsection (b)(1), by striking ``section 
                325(p)(5)'' and inserting ``section 325(p)(4)''; and
                    (E) in subsection (h)(3), by striking ``section 
                342(f)(3)'' and inserting ``section 342(f)(4)''.
            (6) Section 321(30)(D)(i)(III) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended by 
        section 321(a)(1)(A) of the Energy Independence and Security 
        Act of 2007 (121 Stat. 1574)) is amended by inserting before 
        the semicolon the following: ``or, in the case of a modified 
        spectrum lamp, not less than 232 lumens and not more than 1,950 
        lumens''.
            (7) Section 321(30)(T) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6291(30)(T)) (as amended by section 
        321(a)(1)(B) of the Energy Independence and Security Act of 
        2007 (121 Stat. 1574)) is amended--
                    (A) in clause (i)--
                            (i) by striking the comma after ``household 
                        appliance'' and inserting ``and''; and
                            (ii) by striking ``and is sold at 
                        retail,''; and
                    (B) in clause (ii), by inserting ``when sold at 
                retail,'' before ``is designated''.
            (8) Section 325(l)(4)(A) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended by 
        section 321(a)(3)(B) of the Energy Independence and Security 
        Act of 2007 (121 Stat. 1581)) is amended by striking ``only''.
            (9) Section 327(b)(1)(B) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by 
        section 321(d)(3) of the Energy Independence and Security Act 
        of 2007 (121 Stat. 1585)) is amended--
                    (A) in clause (i), by inserting ``and'' after the 
                semicolon at the end;
                    (B) in clause (ii), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking clause (iii).
            (10) Section 321(30)(C)(ii) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by 
        section 322(a)(1)(B) of the Energy Independence and Security 
        Act of 2007 (121 Stat. 1587)) is amended by inserting a period 
        after ``40 watts or higher''.
            (11) Section 322(b) of the Energy Independence and Security 
        Act of 2007 (121 Stat. 1588) is amended by striking ``6995(i)'' 
        and inserting ``6295(i)''.
            (12) Section 325(b) of the Energy Independence and Security 
        Act of 2007 (121 Stat. 1596) is amended by striking ``6924(c)'' 
        and inserting ``6294(c)''.
            (13) This subsection and the amendments made by this 
        subsection take effect as if included in the Energy 
        Independence and Security Act of 2007 (Public Law 110-140; 121 
        Stat. 1492).
    (b) Energy Policy Act of 2005.--
            (1) Section 325(g)(8)(C)(ii) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by 
        section 135(c)(2)(B) of the Energy Policy Act of 2005) is 
        amended by striking ``20F'' and inserting ``20F''.
            (2) This subsection and the amendment made by this 
        subsection take effect as if included in the Energy Policy Act 
        of 2005 (Public Law 109-58; 119 Stat. 594).
    (c) Energy Policy and Conservation Act.--
            (1) Section 340(2)(B) of the Energy Policy and Conservation 
        Act (42 U.S.C. 6311(2)(B)) is amended--
                    (A) in clause (xi), by striking ``and'' at the end;
                    (B) in clause (xii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(xiii) other motors.''.
            (2) Section 343(a) of the Energy Policy and Conservation 
        Act (42 U.S.C. 6314(a)) is amended by striking ``Air-
        Conditioning and Refrigeration Institute'' each place it 
        appears in paragraphs (4)(A) and (7) and inserting ``Air-
        Conditioning, Heating, and Refrigeration Institute''.

                 TITLE II--INDUSTRIAL ENERGY EFFICIENCY

SEC. 201. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT 
              TECHNOLOGIES FOR INDUSTRY.

    (a) In General.--As part of the research and development activities 
of the Industrial Technologies Program of the Department of Energy, the 
Secretary of Energy (referred to in this title as the ``Secretary'') 
shall establish, as appropriate, collaborative research and development 
partnerships with other programs within the Office of Energy Efficiency 
and Renewable Energy (including the Building Technologies Program), the 
Office of Electricity Delivery and Energy Reliability, and the Office 
of Science that--
            (1) leverage the research and development expertise of 
        those programs to promote early stage energy efficiency 
        technology development;
            (2) support the use of innovative manufacturing processes 
        and applied research for development, demonstration, and 
        commercialization of new technologies and processes to improve 
        efficiency (including improvements in efficient use of water), 
        reduce emissions, reduce industrial waste, and improve 
        industrial cost-competitiveness; and
            (3) apply the knowledge and expertise of the Industrial 
        Technologies Program to help achieve the program goals of the 
        other programs.
    (b) Reports.--Not later than 2 years after the date of enactment of 
this Act and biennially thereafter, the Secretary shall submit to 
Congress a report that describes actions taken to carry out subsection 
(a) and the results of those actions.

SEC. 202. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL ENERGY 
              EFFICIENCY.

    (a) Definitions.--In this section:
            (1) Industrial energy efficiency.--The term ``industrial 
        energy efficiency'' means the energy efficiency derived from 
        commercial technologies and measures to improve energy 
        efficiency or to generate or transmit electric power and heat, 
        including electric motor efficiency improvements, demand 
        response, direct or indirect combined heat and power, and waste 
        heat recovery.
            (2) Industrial sector.--The term ``industrial sector'' 
        means any subsector of the manufacturing sector (as defined in 
        North American Industry Classification System codes 31-33 (as 
        in effect on the date of enactment of this Act)) establishments 
        of which have, or could have, thermal host facilities with 
        electricity requirements met in whole, or in part, by onsite 
        electricity generation, including direct and indirect combined 
        heat and power or waste recovery.
    (b) Report on the Deployment of Industrial Energy Efficiency.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate a report describing--
                    (A) the results of the study conducted under 
                paragraph (2); and
                    (B) recommendations and guidance developed under 
                paragraph (3).
            (2) Study.--The Secretary, in coordination with the 
        industrial sector, shall conduct a study of the following:
                    (A) The legal, regulatory, and economic barriers to 
                the deployment of industrial energy efficiency in all 
                electricity markets (including organized wholesale 
                electricity markets, and regulated electricity 
                markets), including, as applicable, the following:
                            (i) Transmission and distribution 
                        interconnection requirements.
                            (ii) Standby, back-up, and maintenance fees 
                        (including demand ratchets).
                            (iii) Exit fees.
                            (iv) Life of contract demand ratchets.
                            (v) Net metering.
                            (vi) Calculation of avoided cost rates.
                            (vii) Power purchase agreements.
                            (viii) Energy market structures.
                            (ix) Capacity market structures.
                            (x) Other barriers as may be identified by 
                        the Secretary, in coordination with the 
                        industrial sector.
                    (B) Examples of --
                            (i) successful State and Federal policies 
                        that resulted in greater use of industrial 
                        energy efficiency;
                            (ii) successful private initiatives that 
                        resulted in greater use of industrial energy 
                        efficiency; and
                            (iii) cost-effective policies used by 
                        foreign countries to foster industrial energy 
                        efficiency.
                    (C) The estimated economic benefits to the national 
                economy of providing the industrial sector with Federal 
                energy efficiency matching grants of $5,000,000,000 for 
                5- and 10-year periods, including benefits relating 
                to--
                            (i) estimated energy and emission 
                        reductions;
                            (ii) direct and indirect jobs saved or 
                        created;
                            (iii) direct and indirect capital 
                        investment;
                            (iv) the gross domestic product; and
                            (v) trade balance impacts.
                    (D) The estimated energy savings available from 
                increased use of recycled material in energy-intensive 
                manufacturing processes.
            (3) Recommendations and guidance.--The Secretary, in 
        coordination with the industrial sector, shall develop policy 
        recommendations regarding the deployment of industrial energy 
        efficiency, including proposed regulatory guidance to States 
        and relevant Federal agencies to address barriers to 
        deployment.

SEC. 203. STUDY OF ADVANCED ENERGY TECHNOLOGY MANUFACTURING 
              CAPABILITIES IN THE UNITED STATES.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall enter into an arrangement with the 
National Academy of Sciences under which the Academy shall conduct a 
study of the development of advanced manufacturing capabilities for 
various energy technologies, including--
            (1) an assessment of the manufacturing supply chains of 
        established and emerging industries;
            (2) an analysis of--
                    (A) the manner in which supply chains have changed 
                over the 25-year period ending on the date of enactment 
                of this Act;
                    (B) current trends in supply chains; and
                    (C) the energy intensity of each part of the supply 
                chain and opportunities for improvement;
            (3) for each technology or manufacturing sector, an 
        analysis of which sections of the supply chain are critical for 
        the United States to retain or develop to be competitive in the 
        manufacturing of the technology;
            (4) an assessment of which emerging energy technologies the 
        United States should focus on to create or enhance 
        manufacturing capabilities; and
            (5) recommendations on leveraging the expertise of energy 
        efficiency and renewable energy user facilities so that best 
        materials and manufacturing practices are designed and 
        implemented.
    (b) Report.--Not later than 2 years after the date on which the 
Secretary enters into the agreement with the Academy described in 
subsection (a), the Academy shall submit to the Committee on Energy and 
Natural Resources of the Senate, the Committee on Energy and Commerce 
of the House of Representatives, and the Secretary a report describing 
the results of the study required under this section, including any 
findings and recommendations.

SEC. 204. INDUSTRIAL TECHNOLOGIES STEERING COMMITTEE.

    The Secretary shall establish an advisory steering committee that 
includes national trade associations representing energy-intensive 
industries or energy service providers to provide recommendations to 
the Secretary on planning and implementation of the Industrial 
Technologies Program of the Department of Energy.

              TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY

SEC. 301. 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. 302. 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 this paragraph, 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. 303. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION STANDARD.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended--
            (1) by redesignating the second subsection (f) (as added by 
        section 434(a) of Public Law 110-140 (121 Stat. 1614)) as 
        subsection (g); and
            (2) in subsection (f)(7), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) In general.--For each facility that meets the 
                criteria established by the Secretary under paragraph 
                (2)(B), the energy manager shall use the web-based 
                tracking system under subparagraph (B)--
                            ``(i) to certify compliance with the 
                        requirements for--
                                    ``(I) energy and water evaluations 
                                under paragraph (3);
                                    ``(II) implementation of identified 
                                energy and water measures under 
                                paragraph (4); and
                                    ``(III) follow-up on implemented 
                                measures under paragraph (5); and
                            ``(ii) to publish energy and water 
                        consumption data on an individual facility 
                        basis.''.

SEC. 304. FEDERAL PURCHASE REQUIREMENT.

    Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is 
amended--
            (1) in subsections (a) and (b)(2), by striking ``electric 
        energy'' each place it appears and inserting ``electric, 
        direct, and thermal energy'';
            (2) in subsection (b)(2)--
                    (A) by inserting ``, or avoided by,'' after 
                ``generated from''; and
                    (B) by inserting ``(including ground-source, 
                reclaimed, and ground water)''after ``geothermal'';
            (3) by redesignating subsection (d) as subsection (e); and
            (4) by inserting after subsection (c) the following:
    ``(d) Separate Calculation.--Renewable energy produced at a Federal 
facility, on Federal land, or on Indian land (as defined in section 
2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501))--
            ``(1) shall be calculated (on a BTU-equivalent basis) 
        separately from renewable energy used; and
            ``(2) may be used individually or in combination to comply 
        with subsection (a).''.

SEC. 305. STUDY ON FEDERAL DATA CENTER CONSOLIDATION.

    (a) In General.--The Secretary of Energy shall conduct a study on 
the feasibility of a government-wide data center consolidation, with an 
overall Federal target of a minimum of 800 Federal data center closures 
by October 1, 2015.
    (b) Coordination.--In conducting the study, the Secretary shall 
coordinate with Federal data center program managers, facilities 
managers, and sustainability officers.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to Congress a report that 
describes the results of the study, including a description of agency 
best practices in data center consolidation.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                               H.R. 4850

_______________________________________________________________________

                               AMENDMENT