[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,

[[Page S5969]]

     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.
                                 ______