[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5001 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 5001

 To amend the Energy Independence and Security Act of 2007 to fund job-
 creating improvements in energy and resiliency for Federal buildings 
 managed by the General Services Administration, to enable a portfolio 
          of clean buildings by 2030, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2020

  Mr. Cardin introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Energy Independence and Security Act of 2007 to fund job-
 creating improvements in energy and resiliency for Federal buildings 
 managed by the General Services Administration, to enable a portfolio 
          of clean buildings by 2030, 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 ``GSA Resilient, Energy Efficient, and 
Net-Zero Building Jobs Act of 2020'' or the ``GREEN Building Jobs Act 
of 2020''.

SEC. 2. FEDERAL BUILDING LEASING.

    (a) In General.--Section 435 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17091) is amended to read as follows:

``SEC. 435. LEASING.

    ``(a) Definition of Lessor.--In this section, the term `lessor' 
means any individual, firm, partnership, limited liability company, 
trust, association, State, unit of local government, or legal entity 
that is the rightful owner of a property leased to the Federal 
Government.
    ``(b) Leasing Requirements.--
            ``(1) In general.--Except as provided in subsection (c), 
        effective beginning on the date that is 1 year after the date 
        of enactment of the GREEN Building Jobs Act of 2020, no Federal 
        agency shall enter into a contract to lease space unless--
                    ``(A) the space is for a building or space in a 
                building that--
                            ``(i) in the most recent year, has earned 
                        the Energy Star label under the Energy Star 
                        program established by section 324A of the 
                        Energy Policy and Conservation Act (42 U.S.C. 
                        6294a); and
                            ``(ii) has obtained or will obtain as a 
                        required performance specification a green 
                        building certification consistent with 
                        recommendations of the Administrator based on 
                        the review of high-performance building 
                        certification systems carried out by the 
                        Administrator pursuant to section 436(h); and
                    ``(B) the contract includes--
                            ``(i) a requirement for the lessor of the 
                        building to disclose data on consumption of 
                        utilities (energy and water)--
                                    ``(I) for the portion of the 
                                building occupied by the agency; and
                                    ``(II) that is provided by the 
                                lessor through submetering or an 
                                alternative method identified by the 
                                Administrator for buildings lacking 
                                submeters; and
                            ``(ii) 1 or more mechanisms to ensure that 
                        the lessor of the building takes reasonable 
                        steps to maintain the requirements of the 
                        building described in subparagraph (A).
            ``(2) Location.--In determining the geographic location of 
        a space to lease under paragraph (1), the Administrator shall 
        not use as a criterion the presence or absence of buildings in 
        that location that have an Energy Star label described in 
        paragraph (1)(A)(i) or a green building certification described 
        in paragraph (1)(A)(ii).
    ``(c) Waiver.--
            ``(1) In general.--Subject to paragraph (2), a Federal 
        agency may enter into a contract to lease space that does not 
        meet a requirement described in clause (i) or (ii) of 
        subsection (b)(1)(A) if--
                    ``(A) no other space is available that can meet 
                that requirement within a reasonable period and meet 
                the functional requirements of the agency, including 
                locational needs;
                    ``(B) the agency proposes to remain in a building 
                or a space in a building--
                            ``(i) that the agency has occupied 
                        previously; and
                            ``(ii) less than 50 percent of the leasable 
                        space of which is leased by the Federal 
                        Government;
                    ``(C) the agency proposes to lease a building or 
                space in a building of historical, architectural, or 
                cultural significance (as defined in section 3306(a) of 
                title 40, United States Code); or
                    ``(D) the lease is for not more than 10,000 gross 
                square feet of space in a building less than 50 percent 
                of the leasable space of which is leased by the Federal 
                Government.
            ``(2) Waiver approval.--
                    ``(A) In general.--A Federal agency may enter into 
                a contract under paragraph (1) if--
                            ``(i)(I) the agency submits a request to 
                        the Federal Director of the Office of Federal 
                        High-Performance Green Buildings indicating the 
                        basis for the request under paragraph (1); and
                            ``(II) the Federal Director of that Office 
                        approves the request; and
                            ``(ii) in the case of a waiver under 
                        subparagraph (A), (B), or (C) of paragraph (1), 
                        the contract includes the requirements 
                        described in subparagraph (B)(ii), which--
                                    ``(I) in the case of a waiver under 
                                subparagraph (A) of that paragraph, 
                                shall be required to be implemented 
                                prior to occupancy of the building or 
                                space in the building by the Federal 
                                agency; and
                                    ``(II) in the case of a waiver 
                                under subparagraph (B) or (C) of that 
                                paragraph, shall be required to be 
                                implemented not later than 1 year after 
                                the Federal agency signs the contract.
                    ``(B) Contract requirements.--
                            ``(i) Definition of nonbenchmarked space.--
                        In this subparagraph, the term `nonbenchmarked 
                        space' means a building or space in a building 
                        for which owners cannot access whole building 
                        utility consumption data, including buildings--
                                    ``(I) that are located in States 
                                that do not require utilities to 
                                provide, and utilities do not provide, 
                                such aggregated information to 
                                multitenant building owners; and
                                    ``(II) the tenants of which do not 
                                provide energy consumption information 
                                to the commercial building owner in 
                                response to a request from that owner.
                            ``(ii) Requirements.--The requirements 
                        referred to in subparagraph (A)(ii) are the 
                        following:
                                    ``(I) The building or space in a 
                                building--
                                            ``(aa) meets the 
                                        requirement described in 
                                        subsection (b)(1)(A)(i); or
                                            ``(bb) is renovated for all 
                                        feasible energy efficiency and 
                                        conservation improvements that 
                                        will be cost effective over the 
                                        life of the lease (including 
                                        any optional and reasonably 
                                        anticipated extensions or 
                                        renewals of the lease), 
                                        including improvements in 
                                        lighting, windows, heating, 
                                        ventilation, and air 
                                        conditioning systems and 
                                        controls.
                                    ``(II) The building or space in a 
                                building is--
                                            ``(aa) benchmarked under a 
                                        nationally recognized, online, 
                                        and free benchmarking program, 
                                        and the benchmark is publicly 
                                        disclosed; or
                                            ``(bb) a nonbenchmarked 
                                        space.
                                    ``(III) In the case of a building 
                                or space in a building that is a 
                                nonbenchmarked space, the Federal 
                                agency provides to the building owner, 
                                or authorizes the owner to obtain from 
                                the utility, the energy consumption 
                                data of the space to enable 
                                benchmarking of the building.
                    ``(C) Incorporation of assistance into lease.--In 
                the case of a contract to lease space that receives a 
                waiver under paragraph (1)(A), the Administrator may--
                            ``(i) include in the relevant lease 
                        procurement documents a statement about the 
                        availability of financial incentives and 
                        technical assistance under the pilot program 
                        established under subsection (g); or
                            ``(ii)(I) incorporate into the terms of the 
                        lease with the lessor any financial incentive 
                        or technical assistance provided to that lessor 
                        under that pilot program; and
                            ``(II) if subclause (I) is carried out, 
                        extend the deadline required under subparagraph 
                        (A)(ii)(I).
    ``(d) Revision of Federal Regulations.--Not later than 1 year after 
the date of enactment of the GREEN Building Jobs Act of 2020, the 
Administrator shall revise Part 102-73(c) of the Federal Management 
Regulation and Part 570 of the General Services Administration 
Acquisition Manual, as appropriate, to reflect the requirements of this 
section.
    ``(e) Report.--The Administrator shall annually publish on the 
website of the General Services Administration a report on the 
aggregate compliance of all leased buildings and spaces in buildings 
held by the General Services Administration with the most recent 
version of the Guiding Principles for Sustainable Federal Buildings.
    ``(f) Compliance Improvement.--Not later than 180 days after the 
date of enactment of the GREEN Building Jobs Act of 2020, the 
Administrator shall develop and implement a policy to improve lessor 
compliance with energy efficiency provisions of leases, including by 
considering a variety of approaches.
    ``(g) Incentive Pilot Program.--
            ``(1) In general.--The Administrator shall establish a 
        pilot program to provide financial incentives for lessors to 
        achieve an Energy Star label under the Energy Star program 
        established by section 324A of the Energy Policy and 
        Conservation Act (42 U.S.C. 6294a) in a building--
                    ``(A) in which space is leased to a Federal agency; 
                and
                    ``(B)(i) in which the total space leased by the 
                Federal Government is less than 50 percent of the 
                leasable space of the building;
                    ``(ii) that is of historical, architectural, or 
                cultural significance (as defined in section 3306(a) of 
                title 40, United States Code); or
                    ``(iii) for which a waiver is granted under 
                subsection (c)(1)(A).
            ``(2) Diversity.--In carrying out the pilot program 
        established under paragraph (1), the Administrator shall 
        ensure--
                    ``(A) a diversity in the buildings and spaces owned 
                by lessors provided financial assistance under that 
                paragraph, including buildings with multiple, separate 
                leases that individually do not trigger requirements 
                under this Act; and
                    ``(B) geographical diversity, including the 
                representation of rural areas.
            ``(3) Technical assistance.--As part of the pilot program 
        established under paragraph (1), the Administrator may provide 
        technical assistance, directly or through contracts, to lessors 
        receiving financial assistance under that pilot program.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Administrator $50,000,000 to carry 
        out this subsection, to remain available until expended.''.
    (b) Report on Realty Services.--Section 102(b) of the Better 
Buildings Act of 2015 (42 U.S.C. 17062(b)) is amended by adding at the 
end the following:
            ``(5) Report.--Not later than 90 days after the date of 
        enactment of the GREEN Building Jobs Act of 2020, the 
        Administrator shall submit to Congress, and make publicly 
        available on the website of the General Services 
        Administration, a report on the implementation of paragraph 
        (3), including--
                    ``(A) the results of the policies and practices 
                described in that paragraph, including the number of 
                leases implementing the measures described in that 
                paragraph;
                    ``(B) a description of any barriers to achieving 
                greater energy and water efficiency; and
                    ``(C) recommendations to address those barriers.''.

SEC. 3. ENERGY AND WATER EFFICIENCY, NET-ZERO, AND ZERO EMISSION 
              VEHICLE INFRASTRUCTURE GOALS.

    (a) In General.--Subtitle C of title IV of the Energy Independence 
and Security Act of 2007 (Public Law 110-140; 121 Stat. 1607) is 
amended by adding at the end the following:

``SEC. 442. ENERGY AND WATER EFFICIENCY GOALS.

    ``(a) Establishment.--Subject to subsections (b), (c), and (d), the 
Administrator shall, for each of fiscal years 2021 through 2030--
            ``(1) reduce average building energy intensity (as measured 
        in British thermal units per gross square foot) at GSA 
        facilities by 2.5 percent each fiscal year so that the average 
        building energy intensity of GSA facilities is reduced by 25 
        percent or greater by 2030, relative to the average building 
        energy intensity of GSA facilities in fiscal year 2018;
            ``(2) improve water use efficiency and management at GSA 
        facilities by reducing average potable water consumption 
        intensity (as measured in gallons per gross square foot)--
                    ``(A) by 54 percent by fiscal year 2030, relative 
                to the average water consumption of GSA facilities in 
                fiscal year 2007; and
                    ``(B) through reductions of 2 percent each fiscal 
                year;
            ``(3) reduce industrial, landscaping, and agricultural 
        water consumption at GSA facilities (as measured in gallons)--
                    ``(A) by 20 percent by fiscal year 2030, relative 
                to the industrial, landscaping, and agricultural water 
                consumption of GSA facilities in fiscal year 2018; and
                    ``(B) through reductions of 2 percent each fiscal 
                year; and
            ``(4) to the maximum extent practicable, carry out 
        paragraphs (1) through (3) in a manner that is lifecycle cost 
        effective.
    ``(b) Energy and Water Intensive Facility Exclusions.--
            ``(1) In general.--The Administrator may exclude from the 
        requirements under paragraph (1) or (2) of subsection (a), as 
        applicable, any GSA facility in which energy- or water-
        intensive activities are carried out.
            ``(2) Report.--The Administrator shall include in the 
        report submitted to the Secretary of Energy under section 
        548(a) of the National Energy Conservation Policy Act (42 
        U.S.C. 8258(a)) a list identifying each GSA facility excluded 
        under paragraph (1) and a statement of whether the exclusion is 
        on the basis of energy-intensive activities, water-intensive 
        activities, or both energy- and water-intensive activities.
    ``(c) Alternative Metric for Measuring Potable Water Consumption 
Intensity.--
            ``(1) In general.--The Administrator may develop an 
        alternative metric for measuring potable water consumption 
        intensity under subsection (a)(2), including by using 
        occupancy, building use type, or other attributes relevant to 
        potable water use and potential for efficiency.
            ``(2) Original metric.--If the Administrator develops an 
        alternative metric under paragraph (1), the Administrator shall 
        not cease tracking and reporting potable water consumption 
        intensity in gallons per gross square foot.
    ``(d) Stringent Goals.--In the case of a conflict between a goal 
established under subsection (a) and a Federal energy or water 
intensity goal established under section 543(a) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(a)) with respect to GSA 
facilities, the Administrator shall apply the more stringent goal.
    ``(e) Private Sector Financing Priority.--
            ``(1) In general.--In carrying out this section, the 
        Administrator shall prioritize projects in which Federal funds 
        will be used to leverage private sector financing using public-
        private partnerships, including through energy savings 
        performance contracts and other mechanisms.
            ``(2) Analysis.--The Administrator shall select priority 
        projects under paragraph (1) on the basis of analysis that 
        ensures a maximum beneficial use of private finance for the 
        project.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator $500,000,000 to carry out this 
section and section 443, to remain available until expended, 
including--
            ``(1) to supplement project budgets beyond cost-effective 
        and minimum efficiency requirements;
            ``(2) for onsite or community renewable energy and energy 
        storage and other approaches to reduce total carbon footprints 
        of GSA facilities;
            ``(3) to achieve embodied carbon reductions on new 
        construction and major renovation projects; and
            ``(4) for pilot testing of new construction and retrofit 
        technologies that may help achieve net-zero energy and net-zero 
        carbon (as those terms are defined in section 443(a)).

``SEC. 443. NET-ZERO GOALS.

    ``(a) Definitions.--In this section:
            ``(1) Allowed carbon offset.--The term `allowed carbon 
        offset' means an allowed carbon offset as defined by the 
        Federal Director of the Office of Federal High-Performance 
        Green Buildings.
            ``(2) Allowed offsite renewable energy source.--The term 
        `allowed offsite renewable energy source' means an allowed 
        offsite renewable energy source as defined by the Federal 
        Director of the Office of Federal High-Performance Green 
        Buildings--
                    ``(A) including requirements for district energy 
                systems, community sources, and purchase options; and
                    ``(B) taking into consideration an efficiency-first 
                strategy, optimization of carbon impact, and ensuring 
                accountability.
            ``(3) Net-zero carbon.--
                    ``(A) In general.--The term `net-zero carbon' 
                means, with respect to a highly energy-efficient 
                building (as determined by the Administrator) or group 
                of highly energy-efficient buildings, a building or 
                group of buildings of which, for not less than 1 year, 
                the carbon emissions resulting from building 
                operations, as described in subparagraph (B), are equal 
                to or less than the carbon emissions avoided or offset, 
                as described in subparagraph (C).
                    ``(B) Carbon emissions from building operations.--
                Carbon emissions resulting from building operations--
                            ``(i) shall include carbon related to 
                        energy consumption from onsite and offsite 
                        sources; and
                            ``(ii) may include other sources of 
                        emissions, such as occupant transportation, 
                        water, waste, and embodied carbon of materials.
                    ``(C) Carbon emissions avoided or offset.--Carbon 
                emissions avoided or offset--
                            ``(i) shall include carbon associated with 
                        exports of renewable energy generated on site; 
                        and
                            ``(ii) may include allowed offsite 
                        renewable energy sources and allowed carbon 
                        offsets.
            ``(4) Net-zero energy.--
                    ``(A) In general.--The term `net-zero energy' 
                means, with respect to a highly energy-efficient 
                building (as determined by the Administrator), a 
                building for which, on a source energy basis, the 
                annual delivered energy is less than or equal to the 
                sum obtained by adding the onsite renewable exported 
                energy and the allowed offsite renewable energy 
                sources.
                    ``(B) Inclusion.--A highly energy-efficient 
                building is net-zero energy if it is located within a 
                group of buildings for which, when treated as a unit, 
                on a source energy basis, the annual delivered energy 
                is less than or equal to the sum obtained by adding the 
                onsite renewable exported energy and the allowed 
                offsite renewable energy sources.
            ``(5) Net-zero waste building.--Unless otherwise defined by 
        the Federal Director of the Office of Federal High-Performance 
        Green Buildings, the term `net-zero waste building' means a 
        building operated to reduce, reuse, recycle, compost, or 
        recover solid waste streams that result in zero waste disposal 
        to landfills or incinerators (except for hazardous and medical 
        waste).
            ``(6) Net-zero water building.--
                    ``(A) In general.--Unless otherwise defined by the 
                Federal Director of the Office of Federal High-
                Performance Green Buildings, the term `net-zero water 
                building' means a building that--
                            ``(i) maximizes alternative water sources;
                            ``(ii) minimizes wastewater discharge; and
                            ``(iii) returns water to the original water 
                        source such that, for a 1-year period, the 
                        water consumption volume is equivalent to the 
                        sum obtained by adding the volume of 
                        alternative water use and the water returned to 
                        the original source during that 1-year period.
                    ``(B) Inclusion.--A building is a net-zero water 
                building if it is located within a group of buildings 
                that, when treated as a unit, meet the requirements 
                described in clauses (i) through (iii) of subparagraph 
                (A).
            ``(7) Scope 1 greenhouse gas emissions.--The term `scope 1 
        greenhouse gas emissions' means direct emissions from sources 
        that are owned or controlled by the Federal agency, such as 
        vehicles and equipment, stationary sources, onsite landfills, 
        wastewater treatment facilities, and fugitive emissions.
            ``(8) Scope 2 greenhouse gas emissions.--The term `scope 2 
        greenhouse gas emissions' means indirect emissions resulting 
        from the generation of electricity, heat, or steam purchased by 
        a Federal agency.
    ``(b) Establishment.--Subject to subsection (c), the Administrator 
shall--
            ``(1) for each of fiscal years 2021 through 2030, reduce 
        aggregate portfolio-wide scope 1 greenhouse gas emissions and 
        scope 2 greenhouse gas emissions (as measured in MTCO2-
        equivalents) at GSA facilities by at least 4 percent each 
        fiscal year, so that the aggregate portfolio-wide scope 1 
        greenhouse gas emissions and scope 2 greenhouse gas emissions 
        are reduced by not less than 40 percent by fiscal year 2030 
        relative to the aggregate portfolio-wide scope 1 greenhouse gas 
        emissions and scope 2 greenhouse gas emissions at GSA 
        facilities in fiscal year 2018; and
            ``(2) ensure that, in the case of the construction of a new 
        GSA facility with more than 10,000 gross square feet--
                    ``(A) for which a prospectus is submitted during 
                the period of fiscal years 2021 through 2025, not less 
                than 50 percent of cumulative gross floor area and not 
                less than 25 percent of cumulative building projects 
                are designed to perform as net-zero energy buildings in 
                operation, and, if feasible, net-zero carbon buildings, 
                net-zero water buildings, and net-zero waste buildings;
                    ``(B) for which a prospectus is submitted during 
                the period of fiscal years 2026 through 2030, not less 
                than 90 percent of cumulative gross floor area and not 
                less than 45 percent of cumulative building projects 
                are designed to perform as net-zero energy buildings in 
                operation and, if feasible, net-zero carbon buildings, 
                net-zero water buildings, and net-zero waste buildings; 
                and
                    ``(C) for which a prospectus is submitted in fiscal 
                year 2031 or any fiscal year thereafter, not less than 
                100 percent of cumulative gross floor area and not less 
                than 100 percent of cumulative building projects are 
                designed to perform as net-zero energy buildings in 
                operation and, if feasible, net-zero carbon buildings, 
                net-zero water buildings, and net-zero waste buildings.
    ``(c) Building Exclusion.--
            ``(1) In general.--The Administrator may exclude from the 
        requirements of subsection (b)(1) any new GSA facility for 
        which net-zero energy is technically infeasible.
            ``(2) Report.--The Administrator shall include in the 
        report submitted to the Secretary of Energy under section 
        548(a) of the National Energy Conservation Policy Act (42 
        U.S.C. 8258(a)) a list identifying each GSA facility excluded 
        under paragraph (1).
    ``(d) Innovative Building Technologies.--In carrying out subsection 
(b), the Administrator may use lifecycle cost effective (including the 
cost of carbon) innovative building technologies, including onsite 
energy storage, all-electric buildings, building-grid integration 
technologies, electric construction vehicles, and other technologies.
    ``(e) Private Sector Financing Priority.--In carrying out 
renovation projects under this section, the Administrator shall 
prioritize projects in which Federal funds will be used to leverage 
private sector financing using public-private partnerships, including 
through energy savings performance contracts and other mechanisms.
    ``(f) Funds.--The Administrator shall use a portion of the funds 
made available under section 442(f) to carry out this section.

``SEC. 444. ZERO EMISSION VEHICLE INFRASTRUCTURE GOALS.

    ``(a) Annual Goals.--The Administrator shall--
            ``(1) develop annual goals for deployment of zero emission 
        vehicle infrastructure, including electric vehicle supply 
        equipment, at GSA facilities such that by December 31, 2030, at 
        least 50 percent of GSA facilities with 200 or more daily 
        employees and visitors offer zero emission vehicle charging or 
        fueling; and
            ``(2) develop guidance to ensure progress towards those 
        annual goals.
    ``(b) Plan.--The Administrator shall prepare a detailed plan--
            ``(1) to achieve the goals described in subsection (a)(1); 
        and
            ``(2) that identifies particular GSA facilities or campuses 
        as priority facilities or campuses, as applicable, at which to 
        achieve those goals, including by considering demand for zero 
        emission vehicle charging and fueling, locations of zero 
        emission vehicle fleets of the General Services Administration 
        and tenant Federal agencies, locations relevant to State zero 
        emission vehicle charging and fueling needs, geographical gaps 
        in zero emission vehicle charging infrastructure, availability 
        of incentives, and other factors.
    ``(c) Inclusion in Projects.--The Administrator shall, to the 
maximum extent practicable, ensure that appropriate zero emission 
vehicle infrastructure, including electric vehicle supply equipment and 
electric vehicle infrastructure, are included in, with respect to a GSA 
facility--
            ``(1) any prospectus for a construction, alteration, or 
        lease project;
            ``(2) any prospectus for an alteration of a leased 
        building;
            ``(3) any contract for parking lot paving or repaving; and
            ``(4) any other appropriate project.
    ``(d) Private Sector Financing.--In carrying out this section, the 
Administrator is encouraged to use funds to leverage private sector 
financing if doing so is advantageous to the General Services 
Administration.
    ``(e) Report.--Not later than 2 years after the date of enactment 
of this section, the Administrator shall submit to Congress a report 
describing the progress made in meeting the goals described in 
subsection (a)(1).
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator $50,000,000--
            ``(1) to achieve the zero emission vehicle infrastructure 
        goals developed under subsection (a)(1), including through 
        projects in support of those goals; and
            ``(2) for the cost of any additional employees, 
        contractors, and training needed to support those goals.

``SEC. 445. DEEP ENERGY RETROFIT GOALS.

    ``(a) Definition of Deep Energy Retrofit Project.--In this section, 
the term `deep energy retrofit project' means a project that--
            ``(1) reduces the energy consumption of a GSA facility by 
        not less than 35 percent as compared to the energy consumption 
        of the GSA facility before the project;
            ``(2) moves a facility toward net-zero energy (as defined 
        in section 443(a)); and
            ``(3) may include water efficiency and distributed energy 
        resources.
    ``(b) Establishment.--Subject to the availability of appropriated 
funds, the Administrator shall, for each of fiscal years 2021 through 
2030, obligate funds for deep energy retrofit projects that, in total, 
are carried out at not less than 3 percent of GSA facilities, which 
shall represent not less than 5 percent of the total square footage of 
all GSA facilities.
    ``(c) Renovations.--The Administrator shall--
            ``(1) seek to coordinate deep energy retrofit projects with 
        other building renovations and capital projects; and
            ``(2) in conducting preplanning for a prospective capital 
        project, evaluate the appropriateness, and the costs and 
        benefits, of including a deep energy retrofit project.
    ``(d) Private Sector Financing Priority.--
            ``(1) In general.--In carrying out this section, the 
        Administrator shall prioritize projects in which Federal funds 
        will be used to leverage private sector financing using public-
        private partnerships, including through energy savings 
        performance contracts and other mechanisms.
            ``(2) Analysis.--The Administrator shall select priority 
        projects under paragraph (1) on the basis of analysis that 
        ensures a maximum beneficial use of private finance for the 
        project.''.
    (b) Clerical Amendment.--The table of contents for the Energy 
Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 
1494) is amended by adding after the item relating to section 441 the 
following:

``Sec. 442. Energy and water efficiency goals.
``Sec. 443. Net-zero goals.
``Sec. 444. Zero emission vehicle infrastructure goals.
``Sec. 445. Deep energy retrofit goals.''.

SEC. 4. RESILIENT AND HEALTHY BUILDINGS.

    (a) In General.--Subtitle C of title IV of the Energy Independence 
and Security Act of 2007 (Public Law 110-140; 121 Stat. 1607) (as 
amended by section 3(a)) is amended by adding at the end the following:

``SEC. 446. RESILIENT AND HEALTHY BUILDINGS.

    ``(a) Definitions.--In this section:
            ``(1) Flood risk area.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `flood risk area' means--
                            ``(i) an area delineated by an elevation of 
                        2 feet above the 100-year floodplain; and
                            ``(ii) an area delineated by an elevation 
                        equal to the 500-year floodplain.
                    ``(B) Climate science.--In applying the definition 
                of the term `flood risk area' for purposes of carrying 
                out this section, the Administrator shall consider 
                current climate science in identifying the elevation of 
                the 100-year and 500-year floodplain.
            ``(2) Resilience.--The term `resilience' means the ability 
        to adapt to changing conditions and withstand and rapidly 
        recover from disruption due to an emergency.
    ``(b) Flood Protection.--For any construction or rehabilitation 
project administered by the Administrator, the Administrator shall--
            ``(1) determine whether there is a flood risk area in the 
        location of the project; and
            ``(2) in the case of a positive determination under 
        paragraph (1)--
                    ``(A) to the extent possible, avoid new 
                construction in the flood risk area; and
                    ``(B) if new construction cannot be avoided under 
                subparagraph (A)--
                            ``(i) ensure that the new construction 
                        will--
                                    ``(I) raise all essential services 
                                5 feet above the applicable floodplain; 
                                and
                                    ``(II) include a design for quick 
                                recovery in a flooding event;
                            ``(ii) rehabilitate existing buildings 
                        located in the flood risk area to better 
                        withstand flood risk; and
                            ``(iii) develop a flood vulnerability 
                        assessment and mitigation plan to protect life 
                        and property.
    ``(c) Resilience Metrics.--The Administrator shall--
            ``(1) pilot test metrics to measure and improve the 
        resilience of GSA facilities, including the physical aspects of 
        the facilities, the health and wellness of occupants of the 
        facilities, and communities and systems serving or served by 
        the facilities; and
            ``(2) in carrying out paragraph (1), consider emerging 
        resilience tools and rating systems for resilience, including 
        building-grid optimization.
    ``(d) Green Infrastructure.--The Administrator shall prioritize the 
use of appropriate green infrastructure features on federally owned 
property--
            ``(1) to improve stormwater and wastewater management;
            ``(2) to alleviate onsite and offsite flooding and water 
        quality impacts; and
            ``(3) to reduce and mitigate risks of climate change to GSA 
        facilities and proximate communities.
    ``(e) Operating Buildings for Health.--
            ``(1) Metrics and data.--The Administrator shall--
                    ``(A) implement human-centric metrics and 
                measurement tools to improve the indoor environmental 
                qualities, including air and water quality, that 
                support improved health and wellness of Federal 
                employees; and
                    ``(B) collect, manage, and analyze the data 
                generated by the metrics and tools implemented under 
                subparagraph (A).
            ``(2) Strategic plan.--Not later than 1 year after the date 
        of enactment of the GREEN Building Jobs Act of 2020, the 
        Administrator shall develop and make publicly available a 
        strategic plan for the design, construction, and operation of 
        GSA facilities that--
                    ``(A) is based on the data described in paragraph 
                (1)(B);
                    ``(B) provides for implementation of priority 
                practices by the end of fiscal year 2022; and
                    ``(C) may provide for phased implementation of 
                additional effective practices.
            ``(3) Administration.--In carrying out paragraphs (1) and 
        (2), the Administrator shall--
                    ``(A) consider emerging occupant-centric 
                environmental health monitoring tools and building 
                control systems for improved health and wellness, 
                including approaches such as measurement of accumulated 
                daily circadian light dosage, surveys of occupant 
                satisfaction and perceptions, assessments of physical 
                activity, social interaction, and mobility, and 
                measurement of reduced exposure to contaminants in air 
                and drinking water;
                    ``(B) incorporate strategies to reduce risk of 
                transmission of viruses and other pathogens; and
                    ``(C)(i) benchmark health and well-being management 
                performance to leadership standards; and
                    ``(ii) include in certification activities the 
                strategies and performance measures considered and used 
                under this subsection as tools to monitor and improve 
                outcomes.
    ``(f) Guidance; Training.--The Administrator, acting through the 
Federal Director of the Office of Federal High-Performance Green 
Buildings, may issue guidance and provide training to implement this 
section.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator $300,000,000 to carry out this 
section, to remain available until expended.''.
    (b) Clerical Amendment.--The table of contents for the Energy 
Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 
1494) (as amended by section 3(b)) is amended by adding after the item 
relating to section 445 the following:

``Sec. 446. Resilient and healthy buildings.''.

SEC. 5. FEDERAL BUILDING IMPROVEMENTS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) GSA facility.--The term ``GSA facility'' has the 
        meaning given the term in section 401 of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17061).
    (b) Energy Efficiency Improvements.--
            (1) In general.--The Administrator shall carry out energy 
        efficiency improvements to GSA facilities, including--
                    (A) actionable energy projects identified in the 
                most recent energy and water evaluation for a facility 
                conducted under section 543(f)(3) of the National 
                Energy Conservation Policy Act (42 U.S.C. 8253(f)(3)) 
                that are life-cycle cost-effective;
                    (B) additional measures to support the goals of 
                each of sections 442 through 444 of the Energy 
                Independence and Security Act of 2007 (Public Law 110-
                140);
                    (C) additional measures to support activities under 
                section 445 of the Energy Independence and Security Act 
                of 2007 (Public Law 110-140); and
                    (D) combining projects to reduce cost, 
                administration, or implementation time, or otherwise 
                add value.
            (2) Leveraging private sector funds.--
                    (A) In general.--In carrying out improvements under 
                paragraph (1) in a fiscal-year period, the 
                Administrator shall, to the maximum extent practicable, 
                use not less than the amount made available under 
                paragraph (3) for that fiscal year to leverage private 
                sector financing using public-private partnerships, 
                including through energy savings performance contracts 
                and other mechanisms.
                    (B) Performance requirement.--Any public-private 
                partnership entered into pursuant to subparagraph (A) 
                shall include a performance component that ensures 
                effective use of funds, lasting energy and cost 
                savings, and job creation.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Administrator to carry out this 
        subsection $1,000,000,000, to remain available until expended.

SEC. 6. CLEAN ENERGY CONTRACTING.

    (a) Long-Term Contracts for Renewable Energy.--
            (1) Definitions.--In this subsection:
                    (A) Cogeneration facility.--The term ``cogeneration 
                facility'' has the meaning given the term in section 3 
                of the Federal Power Act (16 U.S.C. 796).
                    (B) Renewable energy source.--The term ``renewable 
                energy source'' has the meaning given the term 
                ``renewable energy'' in section 203(b) of the Energy 
                Policy Act of 2005 (42 U.S.C. 15852(b)).
            (2) Contracts.--The Administrator of General Services may 
        enter into a contract--
                    (A) for the acquisition of energy generated from 
                renewable energy sources or from cogeneration 
                facilities; and
                    (B) notwithstanding section 501(b)(1)(B) of title 
                40, United States Code, the term of which is not more 
                than 30 years.
    (b) Performance Contracting.--
            (1) Authority to enter into contracts.--Section 801(a)(2) 
        of the National Energy Conservation Policy Act (42 U.S.C. 
        8287(a)(2)) is amended--
                    (A) in subparagraph (E)--
                            (i) by redesignating clauses (i) and (ii) 
                        as subclauses (I) and (II), respectively, and 
                        indenting appropriately;
                            (ii) in the matter preceding subclause (I) 
                        (as so redesignated), by striking ``In carrying 
                        out'' and inserting the following:
                            ``(i) In general.--In carrying out''; and
                            (iii) by adding at the end the following:
                            ``(ii) General services administration.--
                        Notwithstanding subtitle I of title 40, United 
                        States Code, the Administrator of General 
                        Services may accept, retain, sell, or transfer, 
                        and apply the proceeds of the sale or transfer 
                        of, any energy and water incentive, rebate, 
                        grid service revenue, or credit (including a 
                        renewable energy certificate) to fund a 
                        contract under this title.''; and
                    (B) in subparagraph (F), by striking clauses (i) 
                and (ii) and inserting the following:
                            ``(i)(I) establish a Federal agency policy 
                        that limits the maximum contract term under 
                        subparagraph (D) to a period shorter than 25 
                        years; or
                            ``(II) limit the total amount of 
                        obligations under energy savings performance 
                        contracts or other private financing of energy 
                        savings measures; and
                            ``(ii) in the case of the General Services 
                        Administration, limit the recognition of 
                        operation and maintenance savings associated 
                        with systems modernized or replaced with the 
                        implementation of energy conservation measures, 
                        water conservation measures, or any combination 
                        of energy conservation measures and water 
                        conservation measures.''.
            (2) Payment of costs.--Section 802 of the National Energy 
        Conservation Policy Act (42 U.S.C. 8287a) is amended--
                    (A) by striking ``Any amount paid by a Federal 
                agency'' and inserting the following:
    ``(a) In General.--Any amount paid by a Federal agency other than 
the General Services Administration'';
                    (B) in subsection (a) (as so designated), by 
                striking ``(and related operation and maintenance 
                expenses)'' and inserting ``, including related 
                operations and maintenance expenses''; and
                    (C) by adding at the end the following:
    ``(b) General Services Administration.--Any amount paid by the 
General Services Administration pursuant to any contract entered into 
under this title may be paid only from funds appropriated or otherwise 
made available to the General Services Administration for the payment 
of energy, water, or wastewater treatment expenses, including related 
operations and maintenance expenses.''.
            (3) Definitions.--Section 804 of the National Energy 
        Conservation Policy Act (42 U.S.C. 8287c) is amended--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by redesignating 
                        clauses (i) through (iii) as subclauses (I) 
                        through (III), respectively, and indenting 
                        appropriately;
                            (ii) by redesignating subparagraphs (A) 
                        through (D) as clauses (i) through (iv), 
                        respectively, and indenting appropriately;
                            (iii) by striking the paragraph designation 
                        and all that follows through ``means--'' in the 
                        matter preceding clause (i) (as so 
                        redesignated) and inserting the following:
            ``(2) Energy savings.--
                    ``(A) In general.--The term `energy savings' 
                means--''; and
                            (iv) by adding at the end the following:
                    ``(B) GSA inclusions.--With respect to the General 
                Services Administration, the term `energy savings' 
                includes--
                            ``(i) the use, sale, or transfer of any 
                        energy and water incentive, rebate, grid 
                        service revenue, or credit (including a 
                        renewable energy certificate); and
                            ``(ii) any revenue generated from a 
                        reduction in energy or water use, more 
                        efficient waste recycling, or additional energy 
                        generated from more efficient equipment.''; and
                    (B) in paragraph (4)(A), by striking ``551'' and 
                inserting ``551, which includes, in the case of a 
                measure taken by the Administrator of General Services, 
                a measure that is applied to a Federal building that 
                involves energy consuming devices and required support 
                structures''.

SEC. 7. RECOMMENDATIONS.

    (a) Definition of Administrator.--In this section, the term 
``Administrator'' means the Administrator of General Services, acting 
through the Federal Director of the Office of High-Performance Green 
Buildings.
    (b) Sustainability and Resilience.--The Administrator, in 
consultation with the Secretary of Health and Human Services, the 
Secretary of Homeland Security, the Administrator of the Federal 
Emergency Management Agency, the Secretary of Veterans Affairs, the 
Administrator of the Environmental Protection Agency, the Secretary of 
Energy, and the Chair of the Council on Environmental Quality, shall 
develop recommendations for sustainability and resilience at hospitals 
and health care facilities, including by--
            (1) incorporating building and health sciences research 
        related to health and wellness;
            (2) identifying relevant metrics;
            (3) prioritizing proven strategies;
            (4) referencing, as appropriate, criteria in the Guiding 
        Principles for Sustainable Federal Buildings; and
            (5) developing corresponding recommended contract 
        provisions and other templates for use in procurement.
    (c) Compliance With Guiding Principles for Sustainable Federal 
Buildings.--The Administrator, in consultation with the Administrator 
of the Environmental Protection Agency, the Director of the Federal 
Energy Management Program, and the Chair of the Council on 
Environmental Quality, shall develop recommendations for systems, 
including customized Energy Star Portfolio Manager fields and 
dashboards, for use by Federal facilities in tracking compliance and 
progress of new and existing buildings with the Guiding Principles for 
Sustainable Federal Buildings, including by considering--
            (1) campus, installation, and portfolio approaches;
            (2) suggested targets; and
            (3) relevant metrics.
    (d) Study on Federal Buildings Fund Lending Program.--Not later 
than 1 year after the date of enactment of this Act, the Administrator 
shall make publicly available a report that evaluates and describes the 
potential efficacy, costs, and benefits of a program under which the 
Administrator would--
            (1) borrow funds from the Federal Buildings Fund for 
        building energy and water efficiency and resilience retrofits, 
        including through projects that use funds to leverage private 
        sector financing, including through energy savings performance 
        contracts; and
            (2) repay the Federal Buildings Fund from utility savings.
    (e) Annual Reporting on Leveraged Private Financing.--
            (1) In general.--For each of fiscal years 2021 through 
        2030, the Administrator shall include the information described 
        in paragraph (2)--
                    (A) in the annual report prepared by the 
                Administrator pursuant to section 527 of the Energy 
                Independence and Security Act of 2007 (42 U.S.C. 
                17143); and
                    (B) in the annual General Services Administration 
                Sustainability Report and Implementation Plan.
            (2) Information.--The information referred to in paragraph 
        (1) is, with respect to the fiscal year covered by a report--
                    (A) the investment value and number of energy 
                savings performance contracts entered into by the 
                Administrator;
                    (B) the investment value and number of other forms 
                of public-private partnerships that leverage private 
                sector financing entered into by the Administrator for 
                energy efficiency projects;
                    (C) for each of the 2 fiscal years following the 
                fiscal year covered by the report, the projected value 
                and number described in each of subparagraphs (A) and 
                (B);
                    (D) the total estimated implementation costs and 
                estimated lifecycle cost savings of outstanding energy 
                conservation measures at facilities that meet the 
                criteria described in section 543(f)(2)(B) of the 
                National Energy Conservation Policy Act (42 U.S.C. 
                8253(f)(2)(B)); and
                    (E) recommendations to increase the aggregate 
                benefits and value provided to the General Services 
                Administration through public-private partnerships with 
                respect to energy efficiency, renewable energy, and 
                energy resilience.
                                 <all>