[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 963 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 963

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2011

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

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Reducing Federal 
Energy Dollars Act of 2011''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Transparency and accountability of energy use by Federal 
                            facilities.
Sec. 4. Modernizing Federal building energy efficiency performance 
                            standards.
Sec. 5. Surveying renewable energy potential of Federal facilities.
Sec. 6. Smart metering of Federal facilities.
Sec. 7. Improving computer energy management at Federal agencies.
Sec. 8. Broadening definition of renewable energy to include thermal.
Sec. 9. Expanding use of energy savings performance contracts.
Sec. 10. Modernizing outdated, inefficient Federal building designs.
Sec. 11. Ongoing commissioning of Federal facilities.
Sec. 12. Audit and report on Federal energy management.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Executive agency.--The term ``Executive agency'' has 
        the meaning given the term in section 105 of title 5, United 
        States Code.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3. TRANSPARENCY AND ACCOUNTABILITY OF ENERGY USE BY FEDERAL 
              FACILITIES.

    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 the Energy Independence and Security Act of 
        2007 (Public Law 110-140; 121 Stat. 1614)) as subsection (g); 
        and
            (2) in subsection (f), by adding at the end the following:
            ``(12) Reporting on commissioning and energy and water 
        savings measures.--
                    ``(A) In general.--Each energy manager shall submit 
                the evaluations, commissioning reports, plans, 
                measurements, and verifications obtained under 
                paragraphs (3) and (5) to the web-based system 
                established under paragraph (7) or to another publicly 
                available web-based system established by the 
                Secretary.
                    ``(B) Standardizing reporting formats.--Not later 
                than 1 year after the date of enactment of this 
                paragraph, the Secretary, in consultation with the 
                Administrator of General Services, representatives of 
                relevant professional societies and industry 
                associations, and other relevant individuals, shall 
                recognize or develop a standardized format for 
                obtaining and reporting the information described in 
                subparagraph (A).
            ``(13) Annual report on federal building energy and water 
        characteristics.--Not later than 1 year after the date of 
        enactment of this paragraph and annually thereafter, the 
        Secretary shall make available on a publicly available website 
        a report summarizing the energy and water use and high-
        performance attributes of Federal buildings, including--
                    ``(A) data on energy use, water use, and greenhouse 
                gas emissions data by Department of Energy climate 
                zone, building type, primary building use, department 
                or agency, and building vintage;
                    ``(B) data on total energy usage and energy usage 
                by heating, ventilation, and air conditioning, 
                lighting, plug-loads, and other subsystems;
                    ``(C) data on the energy, water, and greenhouse gas 
                emissions savings attributable to compliance with 
                relevant Federal law and the baseline used for a 
                determination of the savings;
                    ``(D) a description of the requirements and 
                programs relating to energy use, water use, or 
                greenhouse gas emissions applicable to the design and 
                operation of Federal buildings and the outcomes of the 
                requirements and programs, including--
                            ``(i) requirements and programs such as 
                        green building and energy rating systems and 
                        energy codes and standards; and
                            ``(ii) outcomes such as energy, water, and 
                        greenhouse gas emissions savings;
                    ``(E) a description of the use of design or 
                technological features that contribute to reductions in 
                energy and water use, including features relating to--
                            ``(i) building controls;
                            ``(ii) heating and cooling;
                            ``(iii) ventilation;
                            ``(iv) efficient lighting;
                            ``(v) lighting controls;
                            ``(vi) daylighting;
                            ``(vii) plumbing fixtures;
                            ``(viii) building envelopes;
                            ``(ix) orientation;
                            ``(x) site selection;
                            ``(xi) integrated design;
                            ``(xii) building information modeling;
                            ``(xiii) commissioning; and
                            ``(xiv) other matters determined 
                        appropriate for inclusion by the Secretary;
                    ``(F) a description of any lessons learned from and 
                case studies included in the information submitted 
                under paragraph (12); and
                    ``(G) a description of the characteristics of high-
                performance buildings and high-performance green 
                buildings (as defined in section 401 of the Energy 
                Independence and Security Act of 2007 (42 U.S.C. 
                17061)), including with respect to--
                            ``(i) indoor environmental quality;
                            ``(ii) air and water pollution;
                            ``(iii) waste generation;
                            ``(iv) impacts on transportation due to 
                        building location and site design;
                            ``(v) safety, security, and resiliency 
                        attributes;
                            ``(vi) historic preservation;
                            ``(vii) operation and functionality 
                        characteristics; and
                            ``(viii) additional information determined 
                        appropriate for inclusion by the Secretary.''.

SEC. 4. MODERNIZING FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE 
              STANDARDS.

    Section 305 of the Energy Conservation and Production Act (42 
U.S.C. 6834) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Revised Federal Building Energy Standards.--
            ``(1) Affirmative determination that revision will improve 
        energy efficiency.--
                    ``(A) In general.--If the Secretary elects not to 
                update the Federal building energy efficiency 
                performance standard under subsection (a)(3)(B) and an 
                affirmative determination has been published under 
                section 304(b)(2)(A), the appropriate Federal building 
                energy efficiency performance standard for all projects 
                receiving congressional approval following the 
                affirmative determination shall be the standard or code 
                receiving the affirmative determination and any 
                additional criteria necessary to achieve energy 
                consumption levels described in subsection 
                (a)(3)(A)(i)(I).
                    ``(B) Savings.--To determine the necessary savings 
                required under the revised Federal building energy 
                performance standard, an Executive agency (as defined 
                in section 105 of title 5, United States Code) 
                (referred to in this subsection as an `Executive 
                agency') shall use the savings identified in the 
                affirmative determination over ASHRAE Standard 90.1-
                2004 or the 2004 International Conservation Code.
                    ``(C) Criteria.--Absent additional criteria from 
                the Secretary to achieve the energy consumption levels 
                described in subsection (a)(3)(A)(i)(I), an Executive 
                agency shall consult with ASHRAE, the International 
                Code Council, the project design team, and others as 
                necessary to incorporate the criteria necessary to 
                achieve the required energy consumption levels into 
                contracts and designs.
            ``(2) No affirmative determination that revision will 
        improve energy efficiency.--
                    ``(A) In general.--If the Secretary elects not to 
                update the Federal building energy efficiency 
                performance standard under subsection (a)(3)(B) and no 
                affirmative determination has been published under 
                section 304(b)(2)(A), the appropriate Federal building 
                energy efficiency performance standard for all projects 
                receiving congressional approval following the election 
                by the Secretary not to update the standard shall be 
                the standard or code that triggered a determination 
                under subsection (a)(3)(B) and any additional criteria 
                necessary to achieve energy consumption levels that are 
                at least 30 percent below the revised standard.
                    ``(B) Criteria.--Absent additional criteria from 
                the Secretary to achieve energy consumption levels 30 
                percent lower than the revised standard, an Executive 
                agency shall consult with ASHRAE, the International 
                Code Council, the project design team, and others as 
                necessary to incorporate the criteria necessary to 
                achieve the required energy consumption levels into 
                contracts and designs.
                    ``(C) Compliance.--If a revised Federal building 
                energy performance standard is established under this 
                paragraph, the requirements of subsection 
                (a)(3)(A)(i)(I) shall be considered to be satisfied.
            ``(3) Approval prior to revision.--If a project receives 
        congressional approval prior to a revision of the Federal 
        building energy efficiency performance standard, an Executive 
        agency may use the most current Federal building energy 
        efficiency performance standard.''; and
            (2) by striking subsection (d).

SEC. 5. SURVEYING RENEWABLE ENERGY POTENTIAL OF FEDERAL FACILITIES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, 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 Executive agencies for renewable energy projects 
(including available land, building roofs, and parking structures).
    (b) Identification of Potential Locations.--Not later than 2 years 
after the date of the promulgation of regulations under subsection (a), 
each Executive agency shall complete the report of the Executive agency 
that identifies potential locations described in subsection (a).

SEC. 6. SMART METERING OF FEDERAL FACILITIES.

    Section 543(e) of the National Energy Conservation Policy Act (42 
U.S.C. 8253(e)) is amended--
            (1) in paragraph (1)--
                    (A) by designating the first, second, third, and 
                fourth sentences as subparagraphs (A), (B), (C), and 
                (E), respectively; and
                    (B) by inserting after subparagraph (C) (as so 
                designated) the following:
                    ``(D) Whole building smart meters and smart 
                submeters.--
                            ``(i) In general.--Each agency shall use--
                                    ``(I) whole building smart meters 
                                for all Federal buildings, owned or 
                                leased, with a gross square footage of 
                                30,000 square feet or more; and
                                    ``(II) smart submeters for 
                                subsystems that use 30 percent or more 
                                of whole building energy.
                            ``(ii) Frequency.--The advanced meters and 
                        advanced metering devices shall, to the maximum 
                        extent practicable, provide data at least daily 
                        and measure at least hourly consumption of 
                        electricity in the Federal buildings of the 
                        agency.''; and
            (2) in paragraph (3), by inserting ``and updated annually 
        thereafter,'' after ``paragraph (2)''.

SEC. 7. IMPROVING COMPUTER ENERGY MANAGEMENT AT FEDERAL AGENCIES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, 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 Savings.--Not later than 180 days after 
the date of the issuance of the guidance under subsection (a), each 
Executive agency shall submit to the Secretary a report that 
describes--
            (1) the plan of the Executive agency for implementing the 
        guidance within the Executive agency; and
            (2) estimated energy and financial savings from employing 
        the tools described in subsection (a).

SEC. 8. BROADENING DEFINITION OF RENEWABLE ENERGY TO INCLUDE THERMAL.

    Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is 
amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``electric'';
            (2) by redesignating subsection (d) as subsection (e); and
            (3) 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 separately from renewable energy 
        used; and
            ``(2) may be used individually or in combination to comply 
        with subsection (a).''.

SEC. 9. EXPANDING USE OF ENERGY SAVINGS PERFORMANCE CONTRACTS.

    (a) Authority To Enter Into Contracts.--Section 801(a)(1) of the 
National Energy Conservation Policy Act (42 U.S.C. 8287(a)(1)) is 
amended in the first sentence by inserting before the period at the end 
the following: ``, including savings and benefits involving nonbuilding 
applications''.
    (b) Payment of Costs.--Section 802 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287a) is amended by inserting 
before the period at the end the following: ``or the use of fuel 
purchased with those funds''.
    (c) Definitions.--
            (1) Energy savings.--Section 804(2) of the National Energy 
        Conservation Policy Act (42 U.S.C. 8287c(2)) is amended--
                    (A) in subparagraph (A), by striking ``or other 
                federally owned facilities'' each place it appears and 
                inserting ``, other federally owned facilities, or 
                other buildings or facilities at which an Executive 
                agency pays for utilities'';
                    (B) in subparagraph (C)--
                            (i) by inserting ``(including new 
                        hydroelectric generation at Federal dams that 
                        do not have hydroelectric generation 
                        facilities)'' after ``cogeneration''; and
                            (ii) by striking ``and'' after the 
                        semicolon at the end;
                    (C) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(E) the increased efficient use of nonbuilding 
                applications; and
                    ``(F) the savings realized from reduced fuel use, 
                including secondary savings.''.
            (2) Nonbuilding application; secondary savings.--Section 
        804 of the National Energy Conservation Policy Act (42 U.S.C. 
        8287c) is amended by adding at the end the following:
            ``(5) Nonbuilding application.--The term `nonbuilding 
        application' means--
                    ``(A) any class of vehicles, devices, or equipment 
                that is transportable under the power of the applicable 
                vehicle, device, or equipment by land, sea, or air and 
                that consumes energy from any fuel source for the 
                purpose of--
                            ``(i) that transportation; or
                            ``(ii) maintaining a controlled environment 
                        within the vehicle, device, or equipment; and
                    ``(B) any federally owned equipment used to 
                generate electricity or transport water.
            ``(6) Secondary savings.--The term `secondary savings' 
        means additional energy or cost savings that are a direct 
        consequence of the energy savings that result from the energy 
        efficiency improvements that are financed and implemented 
        pursuant to an energy savings performance contract.''.
    (d) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Director of the Office of Management and Budget, in 
consultation with the Secretary, the Secretary of Defense, and the 
Administrator of General Services, shall issue guidance and rules to 
Executive agencies to implement the amendments made by this section.

SEC. 10. MODERNIZING OUTDATED, INEFFICIENT FEDERAL BUILDING DESIGNS.

    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. 11. ONGOING COMMISSIONING OF FEDERAL FACILITIES.

    (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) Ongoing Commissioning Within the Federal Building Stock.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Reducing Federal Energy Dollars 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 and an area of more than 10,000 square feet 
                (or energy expenditures greater than $20,000 per year).
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of the Reducing Federal Energy Dollars Act of 2011, 
        the Administrator and the Secretary of Energy shall promulgate 
        such regulations as are necessary to carry out this subsection, 
        including prospective Federal leases that meets the 
        requirements of subparagraph (A), (B), or (C) of paragraph 
        (1).''.
    (b) Conforming Amendments.--Section 3312 of title 40, United States 
Code, is amended--
            (1) in subsection (e)(1) (as redesignated by subsection 
        (a)(1)), in the matter preceding subparagraph (A), by striking 
        ``and (c)'' and inserting ``and (d)'';
            (2) in the first sentence of subsection (f) (as so 
        redesignated), by striking ``and (c)'' and inserting ``and 
        (d)''; and
            (3) in subsection (g) (as so redesignated), by striking 
        ``subsection (b), (c), or (d) or for failure to carry out any 
        recommendation under subsection (e)'' and inserting 
        ``subsection (b), (d), or (e) or for failure to carry out any 
        recommendation under subsection (f)''.

SEC. 12. AUDIT AND REPORT ON FEDERAL ENERGY MANAGEMENT.

    (a) Audit.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall carry out 
an audit to determine--
            (1) the overall progress and efficacy of Federal energy 
        management efforts;
            (2) progress made towards energy consumption reduction and 
        management goals established by law or Executive order;
            (3) financial cost savings associated with Federal energy 
        consumption and intensity reduction efforts; and
            (4) considerations for Congress to streamline Federal 
        energy management requirements established by law or Executive 
        order.
    (b) Report.--Not later than 90 days after the date described in 
subsection (a), the Comptroller General of the United States shall 
submit to the appropriate committees of Congress a report that contains 
a description of the results of the audit carried out under subsection 
(a).
                                 <all>