1.Short
title; table of contents
(a)This Act may be cited as the Reducing Federal Energy Dollars Act of
2011
.
(b)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 Modernizing outdated, inefficient Federal building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.
2.In this Act:
(1)The term Executive agency has the meaning
given the term in section 105 of title 5, United States Code.
(2)The
term Secretary means the Secretary of Energy.
3.Transparency and
accountability of energy use by Federal facilitiesSection
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)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 formatsNot 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 characteristicsNot 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.
.
4.Modernizing
Federal building energy efficiency performance standardsSection 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)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)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)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)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)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)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 revisionIf 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).
5.Surveying
renewable energy potential of Federal facilities
(a)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 locationsNot 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).
6.Smart metering
of Federal facilitiesSection
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)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)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)
.
7.Improving
computer energy management at Federal agencies
(a)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 savingsNot 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).
8.Broadening
definition of renewable energy to include thermalSection 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)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).
.
9.Expanding use of
energy savings performance contracts
(a)Authority To
enter into contractsSection 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)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)
(1)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 savingsSection 804 of the National Energy
Conservation Policy Act (42 U.S.C. 8287c) is amended by adding at the end the
following:
(5)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)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)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.
10.Modernizing
outdated, inefficient Federal building designsSection 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)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)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).
.
11.Ongoing
commissioning of Federal facilities
(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)Ongoing
commissioning within the Federal building stock
(1)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)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)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)
.
12.Audit and
report on Federal energy management
(a)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)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).