[Congressional Record Volume 158, Number 129 (Friday, September 21, 2012)]
[Senate]
[Pages S6661-S6664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENABLING ENERGY SAVING INNOVATIONS ACT
Mr. PRYOR. Mr. President, I ask unanimous consent the Energy
Committee be discharged from further consideration of H.R. 4850, and
the Senate proceed to its consideration.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The legislative clerk read as follows:
A bill (H.R. 4850) to allow for innovations and alternative
technologies that meet or exceed desired energy efficiency
goals.
There being no objection, the Senate proceeded to consider the bill.
Mr. PRYOR. I ask unanimous consent a Bingaman amendment, which is at
the desk, be agreed to, that a Shaheen-Portman amendment which is at
the desk be agreed to, the bill as amended be read a third time and
passed, the motions to reconsider be laid upon the table, with no
intervening action or debate, and any statements be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2861) was agreed to.
(The text of the amendment is printed in today's Record under ``Text
of Amendments.'')
The amendment (No. 2862) was agreed to.
(The text of the amendment is printed in today's Record under ``Text
of Amendments.'')
The amendments were ordered to be engrossed and the bill read a third
time.
The bill (H.R. 4850), as amended, was read the third time and passed,
as follows:
H.R. 4850
Resolved, That the bill from the House of Representatives
(H.R. 4850) entitled ``An Act to allow for innovations and
alternative technologies that meet or exceed desired energy
efficiency goals.'', do pass with the following amendment:
At the end of the bill, add the following:
SEC. 3. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER
HEATERS.
Section 325(e) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(e)) is amended by adding at the end the
following:
``(5) Uniform efficiency descriptor for covered water
heaters.--
``(A) Definitions.--In this paragraph:
``(i) Covered water heater.--The term `covered water
heater' means--
``(I) a water heater; and
``(II) a storage water heater, instantaneous water heater,
and unfired water storage tank (as defined in section 340).
``(ii) Final rule.--The term `final rule' means the final
rule published under this paragraph.
``(B) Publication of final rule.--Not later than 180 days
after the date of enactment of this paragraph, the Secretary
shall publish a final rule that establishes a uniform
efficiency descriptor and accompanying test methods for
covered water heaters.
``(C) Purpose.--The purpose of the final rule shall be to
replace with a uniform efficiency descriptor--
``(i) the energy factor descriptor for water heaters
established under this subsection; and
``(ii) the thermal efficiency and standby loss descriptors
for storage water heaters, instantaneous water heaters, and
unfired water storage tanks established under section
342(a)(5).
``(D) Effect of final rule.--
``(i) In general.--Notwithstanding any other provision of
this title, effective beginning on the effective date of the
final rule, the efficiency standard for covered water heaters
shall be denominated according to the efficiency descriptor
established by the final rule.
``(ii) Effective date.--The final rule shall take effect 1
year after the date of publication of the final rule under
subparagraph (B).
``(E) Conversion factor.--
``(i) In general.--The Secretary shall develop a
mathematical conversion factor for converting the measurement
of efficiency for covered water heaters from the test
procedures in effect on the date of enactment of this
paragraph to the new energy descriptor established under the
final rule.
``(ii) Application.--The conversion factor shall apply to
models of covered water heaters affected by the final rule
and tested prior to the effective date of the final rule.
``(iii) Effect on efficiency requirements.--The conversion
factor shall not affect the minimum efficiency requirements
for covered water heaters otherwise established under this
title.
``(iv) Use.--During the period described in clause (v), a
manufacturer may apply the conversion factor established by
the Secretary to rerate existing models of covered water
heaters that are in existence prior to the effective date of
the rule described in clause (v)(II) to comply with the new
efficiency descriptor.
``(v) Period.--Subclause (E) shall apply during the
period--
``(I) beginning on the date of publication of the
conversion factor in the Federal Register; and
``(II) ending on April 16, 2015.
``(F) Exclusions.--The final rule may exclude a specific
category of covered water heaters from the uniform efficiency
descriptor established under this paragraph if the Secretary
determines that the category of water heaters--
``(i) does not have a residential use and can be clearly
described in the final rule; and
``(ii) are effectively rated using the thermal efficiency
and standby loss descriptors applied (as
[[Page S6662]]
of the date of enactment of this paragraph) to the category
under section 342(a)(5).
``(G) Options.--The descriptor set by the final rule may
be--
``(i) a revised version of the energy factor descriptor in
use as of the date of enactment of this paragraph;
``(ii) the thermal efficiency and standby loss descriptors
in use as of that date;
``(iii) a revised version of the thermal efficiency and
standby loss descriptors;
``(iv) a hybrid of descriptors; or
``(v) a new approach.
``(H) Application.--The efficiency descriptor and
accompanying test method established under the final rule
shall apply, to the maximum extent practicable, to all water
heating technologies in use as of the date of enactment of
this paragraph and to future water heating technologies.
``(I) Participation.--The Secretary shall invite interested
stakeholders to participate in the rulemaking process used to
establish the final rule.
``(J) Testing of alternative descriptors.--In establishing
the final rule, the Secretary shall contract with the
National Institute of Standards and Technology, as necessary,
to conduct testing and simulation of alternative descriptors
identified for consideration.
``(K) Existing covered water heaters.--A covered water
heater shall be considered to comply with the final rule on
and after the effective date of the final rule and with any
revised labeling requirements established by the Federal
Trade Commission to carry out the final rule if the covered
water heater--
``(i) was manufactured prior to the effective date of the
final rule; and
``(ii) complied with the efficiency standards and labeling
requirements in effect prior to the final rule.''.
SEC. 4. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM
TEMPERATURE COMMERCIAL REFRIGERATORS.
Section 342(c) of the Energy Policy and Conservation Act
(42 U.S.C. 6313(c)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (C) as subparagraph (E);
and
(B) by inserting after subparagraph (B) the following:
``(C) The term `service over the counter, self-contained,
medium temperature commercial refrigerator' or `(SOC-SC-M)'
means a medium temperature commercial refrigerator--
``(i) with a self-contained condensing unit and equipped
with sliding or hinged doors in the back intended for use by
sales personnel, and with glass or other transparent material
in the front for displaying merchandise; and
``(ii) that has a height not greater than 66 inches and is
intended to serve as a counter for transactions between sales
personnel and customers.
``(D) The term `TDA' means the total display area (ft\2\)
of the refrigerated case, as defined in AHRI Standard
1200.'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) Each SOC-SC-M manufactured on or after January 1,
2012, shall have a total daily energy consumption (in
kilowatt hours per day) of not more than 0.6 x TDA + 1.0.''.
SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMINISTRATIVE
CHANGES.
(a) Through-the-Wall Central Air Conditioners, Through-the-
Wall Central Air Conditioning Heat Pumps, and Small Duct,
High Velocity Systems.--Section 325(d) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(d)) is amended by adding
at the end the following:
``(4) Standards for through-the-wall central air
conditioners, through-the-wall central air conditioning heat
pumps, and small duct, high velocity systems.--
``(A) Definitions.--In this paragraph:
``(i) Small duct, high velocity system.--The term `small
duct, high velocity system' means a heating and cooling
product that contains a blower and indoor coil combination
that--
``(I) is designed for, and produces, at least 1.2 inches of
external static pressure when operated at the certified air
volume rate of 220-350 CFM per rated ton of cooling; and
``(II) when applied in the field, uses high velocity room
outlets generally greater than 1,000 fpm that have less than
6.0 square inches of free area.
``(ii) Through-the-wall central air conditioner; through-
the-wall central air conditioning heat pump.--The terms
`through-the-wall central air conditioner' and `through-the-
wall central air conditioning heat pump' mean a central air
conditioner or heat pump, respectively, that is designed to
be installed totally or partially within a fixed-size opening
in an exterior wall, and--
``(I) is not weatherized;
``(II) is clearly and permanently marked for installation
only through an exterior wall;
``(III) has a rated cooling capacity no greater than 30,000
Btu/hr;
``(IV) exchanges all of its outdoor air across a single
surface of the equipment cabinet; and
``(V) has a combined outdoor air exchange area of less than
800 square inches (split systems) or less than 1,210 square
inches (single packaged systems) as measured on the surface
area described in subclause (IV).
``(iii) Revision.--The Secretary may revise the definitions
contained in this subparagraph through publication of a final
rule.
``(B) Small-duct high-velocity systems.--
``(i) Seasonal energy efficiency ratio.--The seasonal
energy efficiency ratio for small-duct high-velocity systems
shall be not less than--
``(I) 11.00 for products manufactured on or after January
23, 2006; and
``(II) 12.00 for products manufactured on or after January
1, 2015.
``(ii) Heating seasonal performance factor.--The heating
seasonal performance factor for small-duct high-velocity
systems shall be not less than--
``(I) 6.8 for products manufactured on or after January 23,
2006; and
``(II) 7.2 for products manufactured on or after January 1,
2015.
``(C) Subsequent rulemakings.--The Secretary shall conduct
subsequent rulemakings for through-the-wall central air
conditioners, through-the-wall central air conditioning heat
pumps, and small duct, high velocity systems as part of any
rulemaking under this section used to review or revise
standards for other central air conditioners and heat
pumps.''.
(b) Duty to Review Commercial Equipment.--Section 342(a)(6)
of the Energy Policy and Conservation Act (42 U.S.C.
6313(a)(6)) is amended--
(1) in subparagraph (A)(i), by inserting ``the standard
levels or design requirements applicable under that standard
to'' immediately before ``any small commercial''; and
(2) in subparagraph (C)--
(A) in clause (i)--
(i) by striking ``Not later than 6 years after issuance of
any final rule establishing or amending a standard, as
required for a product under this part,'' and inserting
``Every 6 years,''; and
(ii) by inserting after ``the Secretary shall'' the
following: ``conduct an evaluation of each class of covered
equipment and shall''; and
(B) by adding at the end the following:
``(vi) For any covered equipment as to which more than 6
years has elapsed since the issuance of the most recent final
rule establishing or amending a standard for the product as
of the date of enactment of this clause, the first notice
required under clause (i) shall be published by December 31,
2013.''.
(c) Petition for Amended Standards.--Section 325(n) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(n)) is
amended--
(1) by redesignating paragraph (3) as paragraph (5); and
(2) by inserting after paragraph (2) the following:
``(3) Notice of decision.--Not later than 180 days after
the date of receiving a petition, the Secretary shall publish
in the Federal Register a notice of, and explanation for, the
decision of the Secretary to grant or deny the petition.
``(4) New or amended standards.--Not later than 3 years
after the date of granting a petition for new or amended
standards, the Secretary shall publish in the Federal
Register--
``(A) a final rule that contains the new or amended
standards; or
``(B) a determination that no new or amended standards are
necessary.''.
SEC. 6. TECHNICAL CORRECTIONS.
(a) Title III of Energy Independence and Security Act of
2007--Energy Savings Through Improved Standards for
Appliances and Lighting.--
(1) Section 325(u) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(u)) (as amended by section 301(c) of the
Energy Independence and Security Act of 2007 (121 Stat.
1550)) is amended--
(A) by redesignating paragraph (7) as paragraph (4); and
(B) in paragraph (4) (as so redesignated), by striking
``supplies is'' and inserting ``supply is''.
(2) Section 302(b) of the Energy Independence and Security
Act of 2007 (121 Stat. 1551) is amended by striking
``6313(a)'' and inserting ``6314(a)''.
(3) Section 342(a)(6) of the Energy Policy and Conservation
Act (42 U.S.C. 6313(a)(6)) (as amended by section 305(b)(2)
of the Energy Independence and Security Act of 2007 (121
Stat. 1554)) is amended--
(A) in subparagraph (B)--
(i) by striking ``If the Secretary'' and inserting the
following:
``(i) In general.--If the Secretary'';
(ii) by striking ``clause (ii)(II)'' and inserting
``subparagraph (A)(ii)(II)'';
(iii) by striking ``clause (i)'' and inserting
``subparagraph (A)(i)''; and
(iv) by adding at the end the following:
``(ii) Factors.--In determining whether a standard is
economically justified for the purposes of subparagraph
(A)(ii)(II), the Secretary shall, after receiving views and
comments furnished with respect to the proposed standard,
determine whether the benefits of the standard exceed the
burden of the proposed standard by, to the maximum extent
practicable, considering--
``(I) the economic impact of the standard on the
manufacturers and on the consumers of the products subject to
the standard;
``(II) the savings in operating costs throughout the
estimated average life of the product in the type (or class)
compared to any increase in the price of, or in the initial
charges for, or maintenance expenses of, the products that
are likely to result from the imposition of the standard;
``(III) the total projected quantity of energy savings
likely to result directly from the imposition of the
standard;
``(IV) any lessening of the utility or the performance of
the products likely to result from the imposition of the
standard;
``(V) the impact of any lessening of competition, as
determined in writing by the Attorney General, that is likely
to result from the imposition of the standard;
``(VI) the need for national energy conservation; and
``(VII) other factors the Secretary considers relevant.
``(iii) Administration.--
``(I) Energy use and efficiency.--The Secretary may not
prescribe any amended standard
[[Page S6663]]
under this paragraph that increases the maximum allowable
energy use, or decreases the minimum required energy
efficiency, of a covered product.
``(II) Unavailability.--
``(aa) In general.--The Secretary may not prescribe an
amended standard under this subparagraph if the Secretary
finds (and publishes the finding) that interested persons
have established by a preponderance of the evidence that a
standard is likely to result in the unavailability in the
United States in any product type (or class) of performance
characteristics (including reliability, features, sizes,
capacities, and volumes) that are substantially the same as
those generally available in the United States at the time of
the finding of the Secretary.
``(bb) Other types or classes.--The failure of some types
(or classes) to meet the criterion established under this
subclause shall not affect the determination of the Secretary
on whether to prescribe a standard for the other types or
classes.''; and
(B) in subparagraph (C)(iv), by striking ``An amendment
prescribed under this subsection'' and inserting
``Notwithstanding subparagraph (D), an amendment prescribed
under this subparagraph''.
(4) Section 342(a)(6)(B)(iii) of the Energy Policy and
Conservation Act (as added by section 306(c) of the Energy
Independence and Security Act of 2007 (121 Stat. 1559)) is
transferred and redesignated as clause (vi) of section
342(a)(6)(C) of the Energy Policy and Conservation Act (as
amended by section 305(b)(2) of the Energy Independence and
Security Act of 2007 (121 Stat. 1554)).
(5) Section 345 of the Energy Policy and Conservation Act
(42 U.S.C. 6316) (as amended by section 312(e) of the Energy
Independence and Security Act of 2007 (121 Stat. 1567)) is
amended--
(A) by striking ``subparagraphs (B) through (G)'' each
place it appears and inserting ``subparagraphs (B), (C), (D),
(I), (J), and (K)'';
(B) by striking ``part A'' each place it appears and
inserting ``part B''; and
(C) in subsection (a)--
(i) in paragraph (8), by striking ``and'' at the end;
(ii) in paragraph (9), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(10) section 327 shall apply with respect to the
equipment described in section 340(1)(L) beginning on the
date on which a final rule establishing an energy
conservation standard is issued by the Secretary, except that
any State or local standard prescribed or enacted for the
equipment before the date on which the final rule is issued
shall not be preempted until the energy conservation standard
established by the Secretary for the equipment takes
effect.'';
(D) in subsection (b)(1), by striking ``section 325(p)(5)''
and inserting ``section 325(p)(4)''; and
(E) in subsection (h)(3), by striking ``section 342(f)(3)''
and inserting ``section 342(f)(4)''.
(6) Section 321(30)(D)(i)(III) of the Energy Policy and
Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended
by section 321(a)(1)(A) of the Energy Independence and
Security Act of 2007 (121 Stat. 1574)) is amended by
inserting before the semicolon the following: ``or, in the
case of a modified spectrum lamp, not less than 232 lumens
and not more than 1,950 lumens''.
(7) Section 321(30)(T) of the Energy Policy and
Conservation Act (42 U.S.C. 6291(30)(T)) (as amended by
section 321(a)(1)(B) of the Energy Independence and Security
Act of 2007 (121 Stat. 1574)) is amended--
(A) in clause (i)--
(i) by striking the comma after ``household appliance'' and
inserting ``and''; and
(ii) by striking ``and is sold at retail,''; and
(B) in clause (ii), by inserting ``when sold at retail,''
before ``is designated''.
(8) Section 325(l)(4)(A) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended by
section 321(a)(3)(B) of the Energy Independence and Security
Act of 2007 (121 Stat. 1581)) is amended by striking
``only''.
(9) Section 327(b)(1)(B) of the Energy Policy and
Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by
section 321(d)(3) of the Energy Independence and Security Act
of 2007 (121 Stat. 1585)) is amended--
(A) in clause (i), by inserting ``and'' after the semicolon
at the end;
(B) in clause (ii), by striking ``; and'' and inserting a
period; and
(C) by striking clause (iii).
(10) Section 321(30)(C)(ii) of the Energy Policy and
Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by
section 322(a)(1)(B) of the Energy Independence and Security
Act of 2007 (121 Stat. 1587)) is amended by inserting a
period after ``40 watts or higher''.
(11) Section 322(b) of the Energy Independence and Security
Act of 2007 (121 Stat. 1588) is amended by striking
``6995(i)'' and inserting ``6295(i)''.
(12) Section 325(b) of the Energy Independence and Security
Act of 2007 (121 Stat. 1596) is amended by striking
``6924(c)'' and inserting ``6294(c)''.
(13) This subsection and the amendments made by this
subsection take effect as if included in the Energy
Independence and Security Act of 2007 (Public Law 110-140;
121 Stat. 1492).
(b) Energy Policy Act of 2005.--
(1) Section 325(g)(8)(C)(ii) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by
section 135(c)(2)(B) of the Energy Policy Act of 2005) is
amended by striking ``20F'' and inserting ``20F''.
(2) This subsection and the amendment made by this
subsection take effect as if included in the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 594).
(c) Energy Policy and Conservation Act.--
(1) Section 340(2)(B) of the Energy Policy and Conservation
Act (42 U.S.C. 6311(2)(B)) is amended--
(A) in clause (xi), by striking ``and'' at the end;
(B) in clause (xii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(xiii) other motors.''.
(2) Section 343(a) of the Energy Policy and Conservation
Act (42 U.S.C. 6314(a)) is amended by striking ``Air-
Conditioning and Refrigeration Institute'' each place it
appears in paragraphs (4)(A) and (7) and inserting ``Air-
Conditioning, Heating, and Refrigeration Institute''.
TITLE II--INDUSTRIAL ENERGY EFFICIENCY
SEC. 201. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY
EFFICIENT TECHNOLOGIES FOR INDUSTRY.
(a) In General.--As part of the research and development
activities of the Industrial Technologies Program of the
Department of Energy, the Secretary of Energy (referred to in
this title as the ``Secretary'') shall establish, as
appropriate, collaborative research and development
partnerships with other programs within the Office of Energy
Efficiency and Renewable Energy (including the Building
Technologies Program), the Office of Electricity Delivery and
Energy Reliability, and the Office of Science that--
(1) leverage the research and development expertise of
those programs to promote early stage energy efficiency
technology development;
(2) support the use of innovative manufacturing processes
and applied research for development, demonstration, and
commercialization of new technologies and processes to
improve efficiency (including improvements in efficient use
of water), reduce emissions, reduce industrial waste, and
improve industrial cost-competitiveness; and
(3) apply the knowledge and expertise of the Industrial
Technologies Program to help achieve the program goals of the
other programs.
(b) Reports.--Not later than 2 years after the date of
enactment of this Act and biennially thereafter, the
Secretary shall submit to Congress a report that describes
actions taken to carry out subsection (a) and the results of
those actions.
SEC. 202. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL
ENERGY EFFICIENCY.
(a) Definitions.--In this section:
(1) Industrial energy efficiency.--The term ``industrial
energy efficiency'' means the energy efficiency derived from
commercial technologies and measures to improve energy
efficiency or to generate or transmit electric power and
heat, including electric motor efficiency improvements,
demand response, direct or indirect combined heat and power,
and waste heat recovery.
(2) Industrial sector.--The term ``industrial sector''
means any subsector of the manufacturing sector (as defined
in North American Industry Classification System codes 31-33
(as in effect on the date of enactment of this Act))
establishments of which have, or could have, thermal host
facilities with electricity requirements met in whole, or in
part, by onsite electricity generation, including direct and
indirect combined heat and power or waste recovery.
(b) Report on the Deployment of Industrial Energy
Efficiency.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing--
(A) the results of the study conducted under paragraph (2);
and
(B) recommendations and guidance developed under paragraph
(3).
(2) Study.--The Secretary, in coordination with the
industrial sector, shall conduct a study of the following:
(A) The legal, regulatory, and economic barriers to the
deployment of industrial energy efficiency in all electricity
markets (including organized wholesale electricity markets,
and regulated electricity markets), including, as applicable,
the following:
(i) Transmission and distribution interconnection
requirements.
(ii) Standby, back-up, and maintenance fees (including
demand ratchets).
(iii) Exit fees.
(iv) Life of contract demand ratchets.
(v) Net metering.
(vi) Calculation of avoided cost rates.
(vii) Power purchase agreements.
(viii) Energy market structures.
(ix) Capacity market structures.
(x) Other barriers as may be identified by the Secretary,
in coordination with the industrial sector.
(B) Examples of--
(i) successful State and Federal policies that resulted in
greater use of industrial energy efficiency;
(ii) successful private initiatives that resulted in
greater use of industrial energy efficiency; and
(iii) cost-effective policies used by foreign countries to
foster industrial energy efficiency.
(C) The estimated economic benefits to the national economy
of providing the industrial sector with Federal energy
efficiency matching grants of $5,000,000,000 for 5- and 10-
year periods, including benefits relating to--
(i) estimated energy and emission reductions;
(ii) direct and indirect jobs saved or created;
(iii) direct and indirect capital investment;
(iv) the gross domestic product; and
(v) trade balance impacts.
(D) The estimated energy savings available from increased
use of recycled material in energy-intensive manufacturing
processes.
(3) Recommendations and guidance.--The Secretary, in
coordination with the industrial
[[Page S6664]]
sector, shall develop policy recommendations regarding the
deployment of industrial energy efficiency, including
proposed regulatory guidance to States and relevant Federal
agencies to address barriers to deployment.
SEC. 203. STUDY OF ADVANCED ENERGY TECHNOLOGY MANUFACTURING
CAPABILITIES IN THE UNITED STATES.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall enter into an
arrangement with the National Academy of Sciences under which
the Academy shall conduct a study of the development of
advanced manufacturing capabilities for various energy
technologies, including--
(1) an assessment of the manufacturing supply chains of
established and emerging industries;
(2) an analysis of--
(A) the manner in which supply chains have changed over the
25-year period ending on the date of enactment of this Act;
(B) current trends in supply chains; and
(C) the energy intensity of each part of the supply chain
and opportunities for improvement;
(3) for each technology or manufacturing sector, an
analysis of which sections of the supply chain are critical
for the United States to retain or develop to be competitive
in the manufacturing of the technology;
(4) an assessment of which emerging energy technologies the
United States should focus on to create or enhance
manufacturing capabilities; and
(5) recommendations on leveraging the expertise of energy
efficiency and renewable energy user facilities so that best
materials and manufacturing practices are designed and
implemented.
(b) Report.--Not later than 2 years after the date on which
the Secretary enters into the agreement with the Academy
described in subsection (a), the Academy shall submit to the
Committee on Energy and Natural Resources of the Senate, the
Committee on Energy and Commerce of the House of
Representatives, and the Secretary a report describing the
results of the study required under this section, including
any findings and recommendations.
SEC. 204. INDUSTRIAL TECHNOLOGIES STEERING COMMITTEE.
The Secretary shall establish an advisory steering
committee that includes national trade associations
representing energy-intensive industries or energy service
providers to provide recommendations to the Secretary on
planning and implementation of the Industrial Technologies
Program of the Department of Energy.
TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY
SEC. 301. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.
Section 3307 of title 40, United States Code, is amended--
(1) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Availability of Funds for Design Updates.--
``(1) In general.--Subject to paragraph (2), for any
project for which congressional approval is received under
subsection (a) and for which the design has been
substantially completed but construction has not begun, the
Administrator of General Services may use appropriated funds
to update the project design to meet applicable Federal
building energy efficiency standards established under
section 305 of the Energy Conservation and Production Act (42
U.S.C. 6834) and other requirements established under section
3312.
``(2) Limitation.--The use of funds under paragraph (1)
shall not exceed 125 percent of the estimated energy or other
cost savings associated with the updates as determined by a
life-cycle cost analysis under section 544 of the National
Energy Conservation Policy Act (42 U.S.C. 8254).''.
SEC. 302. BEST PRACTICES FOR ADVANCED METERING.
Section 543(e) of the National Energy Conservation Policy
Act (42 U.S.C. 8253(e) is amended by striking paragraph (3)
and inserting the following:
``(3) Plan.--
``(A) In general.--Not later than 180 days after the date
on which guidelines are established under paragraph (2), in a
report submitted by the agency under section 548(a), each
agency shall submit to the Secretary a plan describing the
manner in which the agency will implement the requirements of
paragraph (1), including--
``(i) how the agency will designate personnel primarily
responsible for achieving the requirements; and
``(ii) a demonstration by the agency, complete with
documentation, of any finding that advanced meters or
advanced metering devices (as those terms are used in
paragraph (1)), are not practicable.
``(B) Updates.--Reports submitted under subparagraph (A)
shall be updated annually.
``(4) Best practices report.--
``(A) In general.--Not later than 180 days after the date
of enactment of this paragraph, the Secretary of Energy, in
consultation with the Secretary of Defense and the
Administrator of General Services, shall develop, and issue a
report on, best practices for the use of advanced metering of
energy use in Federal facilities, buildings, and equipment by
Federal agencies.
``(B) Updating.--The report described under subparagraph
(A) shall be updated annually.
``(C) Components.--The report shall include, at a minimum--
``(i) summaries and analysis of the reports by agencies
under paragraph (3);
``(ii) recommendations on standard requirements or
guidelines for automated energy management systems,
including--
``(I) potential common communications standards to allow
data sharing and reporting;
``(II) means of facilitating continuous commissioning of
buildings and evidence-based maintenance of buildings and
building systems; and
``(III) standards for sufficient levels of security and
protection against cyber threats to ensure systems cannot be
controlled by unauthorized persons; and
``(iii) an analysis of--
``(I) the types of advanced metering and monitoring systems
being piloted, tested, or installed in Federal buildings; and
``(II) existing techniques used within the private sector
or other non-Federal government buildings.''.
SEC. 303. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION
STANDARD.
Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended--
(1) by redesignating the second subsection (f) (as added by
section 434(a) of Public Law 110-140 (121 Stat. 1614)) as
subsection (g); and
(2) in subsection (f)(7), by striking subparagraph (A) and
inserting the following:
``(A) In general.--For each facility that meets the
criteria established by the Secretary under paragraph (2)(B),
the energy manager shall use the web-based tracking system
under subparagraph (B)--
``(i) to certify compliance with the requirements for--
``(I) energy and water evaluations under paragraph (3);
``(II) implementation of identified energy and water
measures under paragraph (4); and
``(III) follow-up on implemented measures under paragraph
(5); and
``(ii) to publish energy and water consumption data on an
individual facility basis.''.
SEC. 304. FEDERAL PURCHASE REQUIREMENT.
Section 203 of the Energy Policy Act of 2005 (42 U.S.C.
15852) is amended--
(1) in subsections (a) and (b)(2), by striking ``electric
energy'' each place it appears and inserting ``electric,
direct, and thermal energy'';
(2) in subsection (b)(2)--
(A) by inserting ``, or avoided by,'' after ``generated
from''; and
(B) by inserting ``(including ground-source, reclaimed, and
ground water)''after ``geothermal'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following:
``(d) Separate Calculation.--Renewable energy produced at a
Federal facility, on Federal land, or on Indian land (as
defined in section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501))--
``(1) shall be calculated (on a BTU-equivalent basis)
separately from renewable energy used; and
``(2) may be used individually or in combination to comply
with subsection (a).''.
SEC. 305. STUDY ON FEDERAL DATA CENTER CONSOLIDATION.
(a) In General.--The Secretary of Energy shall conduct a
study on the feasibility of a government-wide data center
consolidation, with an overall Federal target of a minimum of
800 Federal data center closures by October 1, 2015.
(b) Coordination.--In conducting the study, the Secretary
shall coordinate with Federal data center program managers,
facilities managers, and sustainability officers.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that describes the results of the study, including a
description of agency best practices in data center
consolidation.
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