[Congressional Record Volume 167, Number 140 (Thursday, August 5, 2021)]
[Senate]
[Pages S5964-S5969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2577. Mr. CARDIN submitted an amendment intended to be proposed to
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself,
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
[[Page S5965]]
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, to authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of division D, add the following:
TITLE XIII--ENERGY AND RESILIENCY FOR FEDERAL BUILDINGS
SEC. 41301. SHORT TITLE.
This title may be cited as the ``GSA Resilient, Energy
Efficient, and Net-Zero Building Jobs Act of 2021'' or the
``GREEN Building Jobs Act of 2021''.
SEC. 41302. 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 2021, 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 2021, 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
2021, 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 2021, 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.''.
[[Page S5966]]
SEC. 41303. 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 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 pursuant to any other
Federal law 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 in consultation with the Administrator of the
Environmental Protection Agency.
``(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 in consultation with the Administrator of the
Environmental Protection Agency--
``(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 in consultation with the Administrator
of the Environmental Protection Agency) 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 reduced 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, refrigerants, and
embodied carbon of materials.
``(C) Carbon emissions reduced or offset.--Carbon emissions
reduced or offset--
``(i) shall include carbon--
``(I) associated with exports of renewable energy generated
on site; and
``(II) substantiated with ownership of renewable energy
certificates; and
``(ii) may include--
``(I) allowed offsite renewable energy sources
substantiated with renewable energy certificates; and
``(II) 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 in consultation with the Administrator
of the Environmental Protection Agency), 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, as substantiated with renewable
energy certificates.
``(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, as
substantiated with renewable energy certificates.
``(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 a Federal agency, including--
``(A) emissions from generation of electricity;
``(B) emissions from combustion of fuel for heating,
cooling, or steam;
``(C) emissions from mobile sources;
``(D) fugitive emissions; and
``(E) process 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
[[Page S5967]]
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 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--
``(A) 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; and
``(B) includes a requirement that all applicable electric
vehicle supply equipment is certified under the Energy Star
program established by section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a).
``(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. 41304. 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 41303(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).
[[Page S5968]]
``(2) Strategic plan.--Not later than 1 year after the date
of enactment of the GREEN Building Jobs Act of 2021, 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 41303(b)) is
amended by adding after the item relating to section 445 the
following:
``Sec. 446. Resilient and healthy buildings.''.
SEC. 41305. 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--
(i) identified in the most recent energy and water
evaluation for a facility conducted--
(I) under section 543(f)(3) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(f)(3)); and
(II) prior to 2020; and
(ii) 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. 41306. LONG-TERM CONTRACTS FOR RENEWABLE ENERGY.
(a) Definitions.--In this section:
(1) 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).
(2) 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)).
(b) Contracts.--
(1) In general.--The Administrator of General Services may
enter into a contract for the acquisition of energy generated
from renewable energy sources or from cogeneration
facilities.
(2) Renewable energy certificates.--In entering into a
contract under paragraph (1), the Administrator of General
Services shall--
(A) include in the contract the acquisition of renewable
energy certificates; or
(B) secure by other means renewable energy certificates of
equal term and quantity to the term and quantity of energy
procured under the contract.
(3) Term of contract.--Notwithstanding section 501(b)(1)(B)
of title 40, United States Code, the term of a contract
entered into under this subsection shall be not more than 30
years.
SEC. 41307. 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, 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.
SEC. 41308. STUDY ON FEDERAL BUILDINGS FUND LENDING PROGRAM.
Not later than 1 year after the date of enactment of this
Act, the Administrator of General Services, acting through
the Federal Director of the Office of High-Performance Green
Buildings (referred to in this section as 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.
SEC. 41309. ANNUAL REPORTING ON LEVERAGED PRIVATE FINANCING.
(a) In General.--For each of fiscal years 2021 through
2030, the Administrator of General Services, acting through
the Federal Director of the Office of High-Performance Green
Buildings (referred to in this section as the
``Administrator''), shall include the information described
in subsection (b)--
(1) in the annual report submitted to the Secretary
pursuant to section 548(a) of the National Energy
Conservation Policy Act (42 U.S.C. 8258(a));
(2) as a summary 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
(3) as a summary in the annual General Services
Administration Sustainability Report and Implementation Plan.
(b) Information.--The information referred to in subsection
(a) is, with respect to the fiscal year covered by a report--
(1) the investment value and number of energy savings
performance contracts entered into by the Administrator;
(2) 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;
(3) for each of the 2 fiscal years following the fiscal
year covered by the report, the projected value and number
described in each of paragraphs (1) and (2);
(4) 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
(5) 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.
SEC. 41310. COORDINATION WITH STATES.
The Administrator of General Services, acting through the
Federal Director of the Office of High-Performance Green
Buildings,
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is encouraged to carry out this title and the amendments made
by this title in coordination with States, including by--
(1) sharing resources and providing technical advice to
States regarding net-zero buildings and carbon reducing
technologies;
(2) coordinating with multistate organizations on charging
infrastructure technology, procurement, and strategic
locations relating to zero-emission vehicles;
(3) allowing State officials to participate in appropriate
training opportunities; and
(4) coordinating with States on renewable energy
procurement benefitting a Federal facility and local
communities.
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