[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7417 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7417

To direct the Secretary of Defense to set sustainability goals for the 
             Department of Defense, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2020

    Mr. Casten of Illinois introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Defense to set sustainability goals for the 
             Department of Defense, 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.

    This Act may be cited as the ``National Security Resiliency and 
Sustainability Act of 2020''.

SEC. 2. RESILIENCY AND SUSTAINABILITY GOALS FOR THE DEPARTMENT OF 
              DEFENSE.

    (a) In General.--For fiscal year 2021 and any subsequent fiscal 
year, the Secretary of Defense shall--
            (1) reduce energy intensity (measured in British thermal 
        units per gross square foot) in buildings of the Department by 
        2.5 percent annually through the end of fiscal year 2027, 
        relative to the baseline energy use in buildings of the 
        Department in 2008 by implementing efficiency measures.
            (2) improve data center energy efficiency at Department 
        facilities by--
                    (A) ensuring the chief information officer of the 
                Department promotes energy optimization, efficiency, 
                and performance in data centers;
                    (B) installing and monitoring advanced energy 
                meters in all data centers by 2023; and
                    (C) establishing a power usage effectiveness target 
                of 1.2 to 1.4 for new data centers and less than 1.5 
                for existing data centers;
            (3) ensure that electric energy and thermal energy in 
        Department buildings are comprised of clean energy, in 
        amounts--
                    (A) not less than 28 percent for fiscal years 2028 
                and 2029;
                    (B) not less than 33 percent for fiscal years 2030 
                and 2031;
                    (C) not less than 37 percent for fiscal years 2032 
                and 2033;
                    (D) not less than 39 percent for fiscal years 2034 
                and 2035;
                    (E) not less than 42 percent for fiscal years 2036 
                and 2037; and
                    (F) not less than 45 percent for fiscal year 2038 
                and each year thereafter;
            (4) ensure that the percentage of the total amount of 
        electric energy consumed by the Department that is clean energy 
        is--
                    (A) not less than 28 percent for fiscal year 2025;
                    (B) not less than 30 percent for fiscal years 2026 
                and 2027;
                    (C) not less than 33 percent for fiscal years 2028 
                and 2029;
                    (D) not less than 37 percent for fiscal years 2030 
                and 2031;
                    (E) not less than 40 percent for fiscal years 2032 
                and 2033;
                    (F) not less than 43 percent for fiscal years 2034 
                and 2035;
                    (G) not less than 46 percent for fiscal years 2036 
                and 2037; and
                    (H) not less than 50 percent for fiscal year 2038 
                and each year thereafter;
            (5) ensure that all clean energy capacity added between 
        2021 and 2040 comes from sources based on projects that are not 
        in operation as of the date of the installation or signing of 
        any financial agreement for the purchase of the clean electric 
        or thermal energy;
            (6) include in the electric energy portion of the clean 
        energy requirements established in paragraphs (3) and (4), and 
        retain all renewable energy certificates and clean energy 
        attributes for, clean electric energy associated with--
                    (A) installing clean energy on site at Department 
                facilities;
                    (B) contracting for the purchase of energy, which 
                includes--
                            (i) the installation of renewable energy on 
                        site at a Department facility or off site from 
                        a Department facility; and
                            (ii) the installation of clean energy 
                        operating or owned by a third party on site of 
                        a Department facility that is directly serving 
                        local loads, and for which the facility has a 
                        commitment to procure, for a contract period of 
                        not less than 10 years and up to a period of 40 
                        years, the lesser of--
                                    (I) 100 percent of clean energy 
                                asset output; or
                                    (II) 100 percent of facility energy 
                                needs; and
                            (iii) a contract for differences with a 
                        minimum off-take period of 10 years, and up to 
                        a period of 40 years, for the installation of 
                        clean energy not physically located on site at 
                        a Department facility nor electrically 
                        connected to the facility, for which the 
                        department agrees to procure the energy (in 
                        MWh), as well as corresponding renewable energy 
                        certificates, and clean energy attributes, at a 
                        defined price for the period of the contract;
            (7) include, in the thermal electric energy portion of the 
        clean energy requirement established in paragraph (3), clean 
        energy associated with--
                    (A) installing thermal clean energy on site at 
                Department facilities and retaining corresponding 
                renewable and clean attributes; and
                    (B) fulfilling the requirements of the energy 
                policy of the Department as provided in section 2911 of 
                title 10, United States Code;
            (8) improve water use efficiency and management, including 
        stormwater management, by--
                    (A) reducing potable water consumption intensity, 
                measured in gallons per gross square foot, by 36 
                percent by fiscal year 2025 through reductions of 2 
                percent annually through fiscal year 2025 relative to a 
                baseline of the water consumption of the Department in 
                fiscal year 2007;
                    (B) installing water meters and collecting and 
                using building and facility water balance data to 
                improve water conservation and management;
                    (C) reducing the industrial, landscaping, and 
                agricultural water consumption, measured in gallons, by 
                2 percent annually through fiscal year 2025 relative to 
                a baseline of the industrial, landscaping, and 
                agricultural water consumption of the Department during 
                fiscal year 2010; and
                    (D) installing appropriate green infrastructure 
                features on Department property to help with stormwater 
                and wastewater management;
            (9) improve building efficiency, performance, and 
        management by--
                    (A) ensuring, for fiscal year 2021 and each 
                subsequent fiscal year, that the new construction of 
                any Department building larger than 5,000 gross square 
                feet that enters the planning process is designed to 
                achieve energy net-zero and, water or waste net-zero by 
                fiscal year 2035;
                    (B) identifying, beginning in fiscal year 2021, as 
                part of the planning requirements of section 3, a 
                percentage of at least 15 percent, measured by number 
                or total square footage, of the existing Department 
                buildings larger than 5,000 gross square feet that 
                will, by fiscal year 2030, comply with the revised 
                Guiding Principles for Federal Leadership in High 
                Performance and Sustainable Buildings (Guiding 
                Principles), and will reach 100 percent conformance 
                with the Guiding Principles for building inventory by 
                2050;
                    (C) identifying, as part of the planning 
                requirements of this section, a percentage of the 
                existing buildings of the Department that are larger 
                than 5,000 gross square feet and intended to be energy, 
                waste, or water net-zero buildings by fiscal year 2030, 
                and implementing actions that will allow those 
                buildings to meet that target;
                    (D) including in all new Department lease 
                solicitations for buildings or facilities larger than 
                10,000 rentable square feet--
                            (i) criteria for energy efficiency either 
                        as a required performance specification or as a 
                        source selection evaluation factor in best-
                        value tradeoff procurements; and
                            (ii) requirements for building lessor 
                        disclosure of carbon emission or energy 
                        consumption data for any portion of the 
                        building occupied by the Department that may be 
                        provided by the lessor through submetering or 
                        estimation from prorated occupancy data, 
                        whichever is more cost-effective;
                    (E) including in the planning for new buildings or 
                leases cost-effective strategies to optimize 
                sustainable space usage and consideration of existing 
                community transportation planning and infrastructure, 
                including access to public transit; and
                    (F) including the incorporation of climate-
                resilient design and management elements into the 
                operation, repair, and renovation of existing 
                Department buildings and the design of new Department 
                buildings;
            (10) promote sustainable acquisition and procurement by 
        ensuring that environmental performance and sustainability 
        factors are included for all applicable procurements in the 
        planning, award, and execution phases of the acquisition by--
                    (A) preferentially purchasing--
                            (i) recycled content products designated by 
                        the Environmental Protection Agency;
                            (ii) energy and water efficient products 
                        and services identified by the Environmental 
                        Protection Agency and the Department of Energy; 
                        and
                            (iii) BioPreferred and biobased products, 
                        as designated by the Department of Agriculture;
                    (B) purchasing sustainable products and services 
                identified by the Environmental Protection Agency;
                    (C) purchasing products or services that--
                            (i) meet or exceed specifications, 
                        standards, or labels recommended by the 
                        Environmental Protection Agency that have been 
                        determined to assist agencies in meeting their 
                        needs and further advance sustainable 
                        procurement goals; or
                            (ii) meet environmental performance 
                        criteria developed or adopted by voluntary 
                        consensus standards bodies consistent with 
                        section 12(d) of the National Technology 
                        Transfer and Advancement Act of 1995 (15 U.S.C. 
                        272 note(d));
                    (D) acting, as part of the implementation of 
                planning requirements under section 3, until the 
                Department achieves at least 95 percent compliance with 
                the BioPreferred and biobased purchasing requirement in 
                this paragraph, to--
                            (i) establish annual targets for the number 
                        of contracts to be awarded with BioPreferred 
                        and biobased criteria and the dollar value of 
                        BioPreferred and biobased products to be 
                        delivered and reported under those contracts in 
                        the following fiscal year, by considering--
                                    (I) the dollar value of designated 
                                BioPreferred and biobased products 
                                reported in previous years;
                                    (II) the specifications reviewed 
                                and revised for inclusion of 
                                BioPreferred and biobased products; and
                                    (III) the number of applicable 
                                product and service contracts to be 
                                awarded, including construction, 
                                operations and maintenance, food 
                                services, vehicle maintenance, and 
                                janitorial services; and
                            (ii) ensure contractors submit timely 
                        annual reports on BioPreferred and biobased 
                        purchases; and
                    (E) reducing copier and printing paper use and 
                acquiring uncoated printing and writing paper 
                containing at least 30 percent post-consumer recycled 
                content or greater; and
            (11) implement energy savings performance contracts for 
        Department buildings by--
                    (A) using energy savings performance contracting as 
                a tool to help meet energy efficiency and management 
                goals while implementing life-cycle cost-effective 
                energy efficiency and clean energy technology and water 
                conservation measures; and
                    (B) providing annual Department targets for 
                performance contracting for energy savings for fiscal 
                year 2021 and subsequent fiscal years as part of the 
                planning requirements of section 3.
    (b) Strategic Sustainability Performance Plan.--For each of fiscal 
years 2021 through 2040, the Secretary of Defense shall develop, 
implement, and annually update an integrated Strategic Sustainability 
Performance Plan for the Department. Not later than 180 days before the 
end of the fiscal year, each year the Secretary shall submit to 
Congress the plan for the Department for the subsequent fiscal year. 
Each such plan shall be made publicly available on the website of the 
Department.
    (c) Limitations.--This section shall apply with respect to 
activities, personnel, resources, and facilities of the Department that 
are located within the United States. The Secretary of Defense may 
provide that this section shall apply in whole or in part with respect 
to the activities, personnel, resources, and facilities of the 
Department that are not located within the United States, if the 
Secretary determines that such application is in the interest of the 
United States.
    (d) Waiver Authority.--
            (1) In general.--The Secretary of Defense may waive the 
        requirements of this section with respect to a particular 
        activity or facility of the Department if the Secretary 
        determines such a waiver is in the national security interests 
        of the United States.
            (2) Notice.--Not later than 30 days after the Secretary 
        issues a waiver under subsection (a), the Secretary shall 
        submit to the chair and ranking member of the Committees on 
        Armed Services of the Senate and House of Representatives 
        notice of the waiver and the reason for the waiver.
    (e) Definitions.--In this section:
            (1) The term ``advanced energy meters'' means those energy 
        meters that meet the requirements for certification as defined 
        by the Leadership in Energy and Environmental Design (LEED) 
        program as maintained by the U.S. Green Building Council 
        (USGBC).
            (2) The term ``average greenhouse gas intensity of power 
        generation on the United States electric grid'' means the total 
        net greenhouse gas emissions from the electricity sector in the 
        previous fiscal year as measured in carbon dioxide equivalents 
        and determined by the Energy Information Administration in 
        consultation with the Environmental Protection Agency, divided 
        by the national net power generation over the same period as 
        determined by the Energy Information Administration.
            (3) The term ``best-value tradeoff procurements'' means a 
        process by which the Government considers whether it is in the 
        best interest of the Government to award a contract to an 
        entity other than the lowest price offeror or other than the 
        highest technically rated offeror based on established 
        evaluation factors.
            (4) The term ``clean energy'' means any energy produced by 
        a generation project that is at least 50 percent less 
        greenhouse gas intensive on a marginal basis as measured by 
        carbon dioxide equivalents per megawatt-hour than the average 
        greenhouse gas intensity of power generation on the United 
        States electric grid over the previous fiscal year at the time 
        of contracting.
            (5) The term ``clean energy attributes'' means the 
        technology and non-energy attributes that represent proof that 
        1 megawatt-hour of electricity was generated from an eligible 
        clean energy resource, that can be sold separately from the 
        underlying generic electricity with which they are associated 
        by sources of clean energy placed into service within 10 years 
        prior to the start of the fiscal year.
            (6) The term ``climate resilient design'' means to design 
        assets to prepare for, withstand, respond to, or quickly 
        recover from disruptions due to severe weather events and 
        climate change for the intended life of the asset.
            (7) The term ``Department facility'' means any building or 
        collection of buildings, grounds, or structures, as well as any 
        fixture or part thereof, which is owned by the Department of 
        Defense or that is held by the Department under a lease-
        acquisition agreement under which the Department will receive 
        fee simple title under the terms of such agreement without 
        further negotiation.
            (8) The term ``energy net zero'' means a building where the 
        total energy used by the building on an annual basis is equal 
        to the amount of clean energy created in site.
            (9) The term ``equal value replacement renewable energy 
        certificates'' means a quantity of renewable energy 
        certificates equal to the number of megawatt-hours of clean 
        electricity generated from an eligible renewable energy 
        resource.
            (10) The term ``greenhouse gas'' means carbon dioxide, 
        methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, 
        nitrogen triflouride, sulfur hexafluoride, and any other 
        substance so identified by the Administrator of the 
        Environmental Protection Agency.
            (11) The term ``greenhouse gas intensity on a marginal 
        basis'' means the marginal fossil fuel use multiplied by the 
        lower heating value of the fossil fuel, as defined by the 
        Energy Information Administration, multiplied by the carbon 
        dioxide emissions coefficients of the fossil fuel, as defined 
        by the Energy Information Administration. If a project uses no 
        fossil fuel, the marginal greenhouse gas emissions are defined 
        as zero.
            (12) The term ``green infrastructure features'' means 
        features of infrastructure which use natural hydrologic 
        features to manage water and provide environmental and 
        community benefits.
            (13) The term ``life-cycle cost-effective'' means the costs 
        of a product, project, or measure during the life of the 
        product, project, or measure are estimated to be equal to or 
        less than the current or standard practice or product.
            (14) The term ``marginal greenhouse gas emissions'' means 
        the marginal fossil fuel use multiplied by the lower heating 
        value of the fossil fuel, as defined by the Energy Information 
        Administration, multiplied by the carbon dioxide emissions 
        coefficients of the fossil fuel, as defined by the Energy 
        Information Administration. If a project uses no fossil fuel, 
        the marginal greenhouse gas emissions are defined as zero.
            (15) The term ``marginal fossil fuel use'' means the fossil 
        fuel combusted to produce energy by the project, measured in 
        metric tons per year, minus any existing fossil combustion, 
        measured in metric tons per year, within the same system that 
        is determined by the Administrator of the Environmental 
        Protection Agency in consultation with the Secretary of Energy 
        and Administrator of the Energy Information Administration to 
        be necessary to the production of the contracted energy 
        generation and would have been consumed regardless of the 
        addition of the contracted energy generation.
            (16) The term ``energy savings performance contract'' means 
        a contract that--
                    (A) provides for the performance of services for 
                the design, acquisition, installation, testing, and, 
                where appropriate, operation, maintenance, and repair, 
                of an identified energy conservation measure or series 
                of measures at 1 or more locations; and
                    (B) with respect to an agency facility that is a 
                public building (as such term is defined in section 
                3301 of title 40, United States Code), is in compliance 
                with the prospectus requirements and procedures of 
                section 3307 of title 40, United States Code.
            (17) The term ``power usage effectiveness'' means the ratio 
        obtained by dividing the total amount of electricity and other 
        power consumed in running a data center by the power consumed 
        by the information and communications technology in the data 
        center.
            (18) The term ``renewable attributes'' means the 
        environmental benefits associated with 1 megawatt-hour of 
        electricity generated from a renewable energy resource.
            (19) The term ``renewable energy certificate'' means the 
        technology and non-energy attributes that represent proof that 
        1 megawatt-hour of electricity was generated from an eligible 
        renewable energy resource, that can be sold separately from the 
        underlying generic electricity with which they are associated 
        and were produced by sources of renewable energy placed into 
        service within 10 years prior to the start of the fiscal year.
            (20) The term ``resiliency'' means the ability to maintain 
        or quickly restore functionality or use of applicable 
        infrastructure following a disruptive external event including, 
        but not limited to, severe storms, extreme heat, flooding, and 
        earthquakes.
            (21) The term ``source selection evaluation factor'' means 
        factors an agency uses to determine which of several competing 
        proposals submitted in response to an request for proposal 
        would best meet the agency's needs.
            (22) The term ``sustainability'' means a measure of the 
        ability of a development, infrastructure project, or of general 
        Department operations to meet current operational needs without 
        compromising the ability of future generations to meet these 
        needs through the depletion of strategic resources, long-term 
        environmental harm or pollution, contributing to an unsafe 
        climate, or any other measures as deemed by the Secretary with 
        consultation from the Administrator of the Environmental 
        Protection Agency and Chair of the Council on Environmental 
        Quality.
            (23) The term ``United States'' means the fifty States, the 
        District of Columbia, the Commonwealth of Puerto Rico, Guam, 
        American Samoa, the United States Virgin Islands, and the 
        Northern Mariana Islands, and associated territorial waters and 
        airspace.
            (24) The term ``waste net zero'' refers to any building 
        which through the reduction, reuse, recycling, composting, or 
        recovery of solid waste streams (with the exception of any 
        hazardous materials or medical waste) results in the 
        elimination of any waste that is sent for disposal to landfills 
        or incinerators.
            (25) The term ``water balance'' means a comparison of the 
        water supplied to a defined system to the water consumed by 
        that system in order to identify the proportion of water 
        consumed for specific end-uses and ensure potential water leaks 
        in the system are addressed.
            (26) The term ``water net zero'' means any building which 
        returns water to the original water source such that the annual 
        water consumption is equivalent to the alternative water use 
        plus water returned to the original source over the course of a 
        year through practices that minimize total water consumption, 
        maximize alternative water sources, and minimize wastewater 
        discharge from the building.
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