[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1857 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 222
116th CONGRESS
  1st Session
                                S. 1857

                          [Report No. 116-119]

To amend the National Energy Conservation Policy Act to improve Federal 
  energy and water performance requirements for Federal buildings and 
             establish a Federal Energy Management Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2019

Ms. Murkowski (for herself, Mr. Manchin, Mr. Portman, Mrs. Shaheen, Mr. 
Gardner, and Ms. Hirono) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

                           September 25, 2019

               Reported by Ms. Murkowski, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the National Energy Conservation Policy Act to improve Federal 
  energy and water performance requirements for Federal buildings and 
             establish a Federal Energy Management Program.

    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 ``Federal Energy and Water Management 
Performance Act of 2019''.

SEC. 2. ENERGY AND WATER PERFORMANCE REQUIREMENT FOR FEDERAL BUILDINGS.

    (a) In General.--Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended--
            (1) in the section heading, by inserting ``and water'' 
        after ``energy'';
            (2) in subsection (a)--
                    (A) in the subsection heading, by inserting ``and 
                Water'' after ``Energy'';
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Subject to paragraph (2), the head of 
        each Federal agency shall--
                    ``(A) for each of fiscal years 2020 through 2030, 
                reduce average building energy intensity (as measured 
                in British thermal units per gross square foot) at 
                facilities of the agency by 2.5 percent each fiscal 
                year relative to the average building energy intensity 
                of the facilities of the agency in fiscal year 2018;
                    ``(B) for each of fiscal years 2020 through 2030, 
                improve water use efficiency and management, including 
                stormwater management, at facilities of the agency by 
                reducing agency potable water consumption intensity--
                            ``(i) by 54 percent by fiscal year 2030, 
                        relative to the water consumption of the agency 
                        in fiscal year 2007, through reductions of 2 
                        percent each fiscal year (as measured in 
                        gallons per gross square foot);
                            ``(ii) by reducing the industrial, 
                        landscaping, and agricultural water consumption 
                        of the agency, as compared to a baseline of 
                        that consumption by the agency in fiscal year 
                        2010, through reductions of 2 percent each 
                        fiscal year (as measured in gallons); and
                            ``(iii) by installing appropriate 
                        infrastructure features on federally owned 
                        property to improve stormwater and wastewater 
                        management; and water consumption intensity (as 
                        measured in gallons per gross square foot)--
                        <DELETED>    ``(i) by 54 percent by fiscal year 
                        2030, relative to the water consumption of the 
                        agency in fiscal year 2007; and</DELETED>
                        <DELETED>    ``(ii) through reductions of 2 
                        percent each fiscal year; and</DELETED>
                    ``(C) to the maximum extent practicable, in 
                carrying out subparagraphs (A) and (B), take measures 
                that are life cycle cost effective (as defined in 
                subsection (f)(1)).'';
                    (C) in paragraph (2)--
                            (i) by striking ``(2) An agency'' and 
                        inserting the following:
            ``(2) Energy and water intensive building exclusion.--An 
        agency''; and
                            (ii) in the first sentence, by inserting 
                        ``and water'' after ``energy'' each place it 
                        appears; and
                    (D) by striking paragraph (3) and inserting the 
                following:
            ``(3) Recommendations.--Not later than December 31, 2029, 
        the Secretary shall--
                    ``(A) review the results of the implementation of 
                the energy and water performance requirements 
                established under paragraph (1); and
                    ``(B) submit to Congress recommendations concerning 
                energy and water performance requirements for fiscal 
                years 2031 through 2040.'';
            (3) in subsection (b)--
                    (A) in the subsection heading, by inserting ``and 
                Water'' after ``Energy''; and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Each agency shall--
                    ``(A) not later than October 1, 2019, to the 
                maximum extent practicable, begin installing in Federal 
                buildings owned by the United States all energy and 
                water conservation measures determined by the Secretary 
                to be life cycle cost effective (as defined in 
                subsection (f)(1)); and
                    ``(B) complete the installation described in 
                subparagraph (A) as soon as practicable after the date 
                referred to in that subparagraph.'';
            (4) in subsection (c)(1)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``An agency'' and inserting ``The head 
                        of each agency''; and
                            (ii) by inserting ``or water'' after 
                        ``energy'' each place it appears; and
                    (B) in subparagraph (B)(i), by inserting ``or 
                water'' after ``energy'';
            (5) in subsection (d)(2), by inserting ``and water'' after 
        ``energy'';
            (6) in subsection (e)--
                    (A) in the subsection heading, by inserting ``and 
                Water'' after ``Energy'';
                    (B) in paragraph (1)--
                            (i) in the first sentence--
                                    (I) by striking ``October 1, 2012'' 
                                and inserting ``October 1, 2020'';
                                    (II) by inserting ``and water'' 
                                after ``energy''; and
                                    (III) by inserting ``and water'' 
                                after ``electricity'';
                            (ii) in the second sentence, by inserting 
                        ``and water'' after ``electricity''; and
                            (iii) in the fourth sentence, by inserting 
                        ``and water'' after ``energy'';
                    (C) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``and'' before 
                                ``Federal''; and
                                    (II) by inserting ``and any other 
                                person the Secretary deems necessary,'' 
                                before ``shall'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i)(II), by inserting 
                                ``and water'' after ``energy'' each 
                                place it appears;
                                    (II) in clause (ii), by inserting 
                                ``and water'' after ``energy''; and
                                    (III) in clause (iv), by inserting 
                                ``and water'' after ``energy''; and
                            (iii) by adding at the end the following:
                    ``(C) Update.--Not later than 180 days after the 
                date of enactment of this subparagraph, the Secretary 
                shall update the guidelines established under 
                subparagraph (A) to take into account water efficiency 
                requirements under this section.'';
                    (D) in paragraph (3), in the matter preceding 
                subparagraph (A), by striking ``established under 
                paragraph (2)'' and inserting ``updated under paragraph 
                (2)(C)''; and
                    (E) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``this paragraph'' 
                                and inserting ``the Federal Energy and 
                                Water Management Performance Act of 
                                2019''; and
                                    (II) by inserting ``and water'' 
                                before ``use in''; and
                            (ii) in subparagraph (B)(ii), in the matter 
                        preceding clause (I), by inserting ``and 
                        water'' after ``energy''; and
            (7) in subsection (f)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting ``and 
                        water'' before ``use''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``energy'' before 
                                ``efficiency''; and
                                    (II) by inserting ``or water'' 
                                before ``use'';
                    (B) in paragraph (7)(B)(ii)(II), by inserting ``and 
                water'' after ``energy''; and
                    (C) in paragraph (9)(A), in the matter preceding 
                clause (i), by inserting ``and water'' after 
                ``energy''.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended by striking the item relating to section 543 and inserting the 
following:

``Sec. 543. Energy and water management requirements.''.

SEC. 3. FEDERAL ENERGY MANAGEMENT PROGRAM.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended by adding at the end the following:
    ``(h) Federal Energy Management Program.--
            ``(1) In general.--The Secretary shall establish a program, 
        to be known as the `Federal Energy Management Program' 
        (referred to in this subsection as the `Program'), to 
        facilitate the implementation by the Federal Government of 
        cost-effective energy and water management and energy-related 
        investment practices--
                    ``(A) to coordinate and strengthen Federal energy 
                and water resilience; and
                    ``(B) to promote environmental stewardship.
            ``(2) Program activities.--
                    ``(A) Strategic planning and technical 
                assistance.--Under the Program, the Federal Director 
                appointed under paragraph (3)(A) (referred to in this 
                subsection as the `Federal Director') shall--
                            ``(i) provide technical assistance and 
                        project implementation support and guidance to 
                        Federal agencies to identify, implement, 
                        procure, and track energy and water 
                        conservation measures required under this Act 
                        and under other provisions of law (including 
                        regulations);
                            ``(ii) in coordination with the 
                        Administrator of the General Services 
                        Administration, establish appropriate 
                        procedures, methods, and best practices for use 
                        by Federal agencies to select, monitor, and 
                        terminate contracts entered into under section 
                        546 with utilities;
                            ``(iii) in coordination with the Federal 
                        Acquisition Regulatory Council, establish 
                        appropriate procedures, methods, and best 
                        practices for use by Federal agencies to 
                        select, monitor, and terminate contracts 
                        entered into under section 801 with energy 
                        service contractors and utilities;
                            ``(iv) establish and maintain internet-
                        based information resources and project 
                        tracking systems and tools for energy and water 
                        management;
                            ``(v) coordinate comprehensive and 
                        strategic approaches to energy and water 
                        resilience planning for Federal agencies; and
                            ``(vi) establish a recognition program for 
                        Federal achievement in energy and water 
                        management, energy-related investment 
                        practices, environmental stewardship, and other 
                        relevant areas, through events such as 
                        individual recognition award ceremonies and 
                        public announcements.
                    ``(B) Energy and water management and reporting.--
                Under the Program, the Federal Director shall--
                            ``(i) track and report on the progress of 
                        Federal agencies in meeting the requirements of 
                        the agency under this section;
                            ``(ii) make publicly available annual 
                        Federal agency performance data required 
                        under--
                                    ``(I) this section and sections 544 
                                through 548; and
                                    ``(II) section 203 of the Energy 
                                Policy Act of 2005 (42 U.S.C. 15852);
                            ``(iii)(I) collect energy and water use and 
                        consumption data from each Federal agency; and
                            ``(II) based on that data, submit to each 
                        Federal agency a report that will facilitate 
                        the energy and water management, energy-related 
                        investment practices, and environmental 
                        stewardship of the agency in support of Federal 
                        goals under this Act and under other provisions 
                        of law (including regulations);
                            ``(iv)(I) establish new Federal building 
                        energy efficiency standards; and
                            ``(II) in consultation with the 
                        Administrator of the General Services 
                        Administration, acting through the head of the 
                        Office of High-Performance Green Buildings, 
                        implement new establish and implement Federal 
                        building sustainable design principles for new 
                        Federal facilities;
                            ``(v) manage the implementation of Federal 
                        building energy efficiency standards and 
                        sustainable design principles established under 
                        section 305 of the Energy Conservation and 
                        Production Act (42 U.S.C. 6834); and
                            ``(vi) designate products that meet the 
                        highest energy conservation standards for 
                        categories not covered under the Energy Star 
                        program established under section 324A of the 
                        Energy Policy and Conservation Act (42 U.S.C. 
                        6294a).
                    ``(C) Federal policy coordination.--Under the 
                Program, the Federal Director shall--
                            ``(i) develop and implement accredited 
                        training consistent with existing Federal 
                        programs and activities--
                                    ``(I) relating to energy and water 
                                use, management, and resilience in 
                                Federal buildings, energy-related 
                                investment practices, and environmental 
                                stewardship; and
                                    ``(II) that includes in-person 
                                training, internet-based programs, and 
                                national in-person training events;
                            ``(ii) coordinate and facilitate energy and 
                        water management, energy-related investment 
                        practices, and environmental stewardship 
                        through the Interagency Energy Management Task 
                        Force established under section 547; and
                            ``(iii) report on the implementation of the 
                        priorities of the President, including 
                        Executive orders, relating to energy and water 
                        use in Federal buildings, in coordination 
                        with--
                                    ``(I) the Office of Management and 
                                Budget;
                                    ``(II) the Council on Environmental 
                                Quality; and
                                    ``(III) any other entity, as 
                                considered necessary by the Federal 
                                Director.
                    ``(D) Facility and fleet optimization.--Under the 
                Program, the Federal Director shall develop guidance, 
                supply assistance to, and track the progress of Federal 
                agencies--
                            ``(i) in conducting portfolio-wide facility 
                        energy and water resilience planning and 
                        project integration;
                            ``(ii) in building new construction and 
                        major renovations to meet the sustainable 
                        design and energy and water performance 
                        standards required under this section;
                            ``(iii) in developing guidelines for--
                                    ``(I) building commissioning; and
                                    ``(II) facility operations and 
                                maintenance; and
                            ``(iv) in coordination with the 
                        Administrator of the General Services 
                        Administration, in meeting statutory and agency 
                        goals for Federal fleet vehicles.
            ``(3) Federal director.--
                    ``(A) Appointment.--The Secretary shall appoint an 
                individual to serve as Federal Director of the Program, 
                which shall be a career position in the Senior 
                Executive service, to manage the Program and carry out 
                the activities of the Program described in paragraph 
                (2).
                    ``(B) Duties.--The Federal Director shall--
                            ``(i) oversee, manage, and administer the 
                        Program;
                            ``(ii) provide leadership in energy and 
                        water management, energy-related investment 
                        practices, and environmental stewardship 
                        through coordination with Federal agencies and 
                        other appropriate entities; and
                            ``(iii) establish a management council to 
                        advise the Federal Director that shall--
                                    ``(I) convene not less frequently 
                                than once every quarter; and
                                    ``(II) consist of representatives 
                                from--
                                            ``(aa) the Council on 
                                        Environmental Quality;
                                            ``(bb) the Office of 
                                        Management and Budget; and
                                            ``(cc) the Office of 
                                        Federal High-Performance Green 
                                        Buildings in the General 
                                        Services Administration.
            ``(4) Savings clause.--Nothing in this subsection impedes, 
        supersedes, or alters the authority of the Secretary to carry 
        out the remainder of this section or section 305 of the Energy 
        Conservation and Production Act (42 U.S.C. 6834).
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $36,000,000 for each of fiscal years 2020 through 
        2030.''.
                                                       Calendar No. 222

116th CONGRESS

  1st Session

                                S. 1857

                          [Report No. 116-119]

_______________________________________________________________________

                                 A BILL

To amend the National Energy Conservation Policy Act to improve Federal 
  energy and water performance requirements for Federal buildings and 
             establish a Federal Energy Management Program.

_______________________________________________________________________

                           September 25, 2019

                        Reported with amendments