[Senate Report 116-108]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 208
116th Congress     }                                     {      Report
                                 SENATE
 1st Session       }                                     {     116-108

======================================================================



 
         STREAMLINING ENERGY EFFICIENCY FOR SCHOOLS ACT OF 2019

                                _______
                                

               September 19, 2019.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 762]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 762) to amend the Energy Policy and 
Conservation Act to provide for the dissemination of 
information regarding available Federal programs relating to 
energy efficiency projects for schools, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill, as amended, do pass.

                               AMENDMENT

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Streamlining Energy Efficiency for 
Schools Act''.

SEC. 2. COORDINATION OF ENERGY RETROFITTING ASSISTIANCE FOR SCHOOLS.

    (a) Definitions.--In this section:
          (1) School.--The term ``school'' means--
                  (A) an elementary school or secondary school (as 
                defined in section 8101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801));
                  (B) an institution of higher education (as defined in 
                section 102(a) of the Higher Education Act of 1965 (20 
                U.S.C. 1002(a)));
                  (C) a school of the defense dependents' education 
                system under the Defense Dependents' Education Act of 
                1978 (20 U.S.C. 921 et seq.) or established under 
                section 2164 of title 10, United States Code;
                  (D) a school operated by the Bureau of Indian 
                Education;
                  (E) a tribally controlled school (as defined in 
                section 5212 of the Tribally Controlled Schools Act of 
                1988 (25 U.S.C. 2511)); and
                  (F) a Tribal College or University (as defined in 
                section 316(b) of the Higher Education Act of 1965 (20 
                U.S.C. 1059c(b))).
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy.
    (b) Designation of Lead Agency.--The Secretary, acting through the 
Office of Energy Efficiency and Renewable Energy, shall act as the lead 
Federal agency for coordinating and disseminating information on 
existing Federal programs and assistance that may be used to help 
initiate, develop, and finance energy efficiency, renewable energy, and 
energy retrofitting projects for schools.
    (c) Requirements.--In carrying out coordination and outreach under 
subsection (b), the Secretary shall--
          (1) in consultation and coordination with the appropriate 
        Federal agencies, carry out a review of existing programs and 
        financing mechanisms (including revolving loan funds and loan 
        guarantees) available in or from the Department of Agriculture, 
        the Department of Energy, the Department of Education, the 
        Department of the Treasury, the Internal Revenue Service, the 
        Environmental Protection Agency, and other appropriate Federal 
        agencies with jurisdiction over energy financing and 
        facilitation that are currently used or may be used to help 
        initiate, develop, and finance energy efficiency, renewable 
        energy, and energy retrofitting projects for schools, and 
        identify programs that are duplicative;
          (2) establish a Federal cross-departmental collaborative 
        coordination, education, and outreach effort to streamline 
        communication and promote available Federal opportunities and 
        assistance described in paragraph (1) for energy efficiency, 
        renewable energy, and energy retrofitting projects that enables 
        States, local educational agencies, and schools--
                  (A) to use existing Federal opportunities more 
                effectively; and
                  (B) to form partnerships with Governors, State energy 
                programs, local educational, financial, and energy 
                officials, State and local government officials, 
                nonprofit organizations, and other appropriate entities 
                to support the initiation of the projects;
          (3) provide technical assistance for States, local 
        educational agencies, and schools to help develop and finance 
        energy efficiency, renewable energy, and energy retrofitting 
        projects--
                  (A) to increase the energy efficiency of buildings or 
                facilities;
                  (B) to install systems that individually generate 
                energy from renewable energy resources;
                  (C) to establish partnerships to leverage economies 
                of scale and additional financing mechanisms available 
                to larger clean energy initiatives; or
                  (D) to promote--
                          (i) the maintenance of health, environmental 
                        quality, and safety in schools, including the 
                        ambient air quality, through energy efficiency, 
                        renewable energy, and energy retrofit projects; 
                        and
                          (ii) the achievement of expected energy 
                        savings and renewable energy production through 
                        proper operations and maintenance practices;
          (4) develop and maintain a single online resource website 
        with contact information for relevant technical assistance and 
        support staff in the Office of Energy Efficiency and Renewable 
        Energy for States, local educational agencies, and schools to 
        effectively access and use Federal opportunities and assistance 
        described in paragraph (1) to develop energy efficiency, 
        renewable energy, and energy retrofitting projects; and
          (5) establish a process for recognition of schools that--
                  (A) have successfully implemented energy efficiency, 
                renewable energy, and energy retrofitting projects; and
                  (B) are willing to serve as resources for other local 
                educational agencies and schools to assist initiation 
                of similar efforts.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to Congress a report describing 
the implementation of this section.

                                PURPOSE

    The purpose of H.R. 762 is to coordinate the provision of 
energy retrofitting assistance to schools.

                          BACKGROUND AND NEED

    While K-12 school districts typically spend billions of 
dollars annually on their energy bills, and there are a variety 
of existing Federal programs to help reduce those costs, it is 
difficult for school administrators to navigate all of their 
options. H.R. 762, as amended, seeks to improve the 
effectiveness and awareness of Federal energy efficiency 
programs for schools by providing a coordinating structure to 
help school officials better utilize available Federal energy 
programs and financing options.
    H.R. 762, as amended, establishes the Department of 
Energy's (DOE) Office of Energy Efficiency and Renewable Energy 
(EERE) as the lead agency in coordinating a cross-departmental 
effort to help initiate, develop, and finance energy 
efficiency, renewable energy, and energy retrofitting projects 
for schools. The legislation also requires a review of existing 
Federal programs and financing mechanisms, streamlines 
communication and outreach to States, local education agencies, 
and schools regarding existing programs, and develops a 
mechanism for governors, State energy programs, nonprofit 
organizations, and local educational, financial, and energy 
officials to form a peer-to-peer network to support the 
initiation of the projects. Finally, DOE is directed to provide 
technical assistance to States, local educational agencies, and 
schools to effectively access and use Federal tools to finance, 
develop, and maintain these projects.
    The Alliance to Save Energy estimates this legislation 
would result in $2.21 billion in net annual energy savings and 
help avoid 15.5 million metric tons of carbon dioxide 
emissions, at no cost to the Federal Government.

                          LEGISLATIVE HISTORY

    H.R. 762 was introduced in the House of Representatives by 
Representatives Cartwright, Carbajal, Connolly, Fitzpatrick, 
Lowenthal, Matsui, McEachin, Pingree, Pocan, Quigley, Tonko, 
and Welch on January 24, 2019. H.R. 762 passed the House of 
Representatives by voice vote on March 5, 2019. The Senate 
received H.R. 762 on March 5, 2019.
    Similar legislation, S. 253, was introduced by Senators 
Collins, Warner, Shaheen, Portman, and Merkley on January 29, 
2019. Senator Hassan was added as a cosponsor on March 25, 
2019. The Committee on Energy and Natural Resources met in open 
business session on July 16, 2019, and ordered S. 253, with an 
amendment, favorably passed.
    In the 115th Congress, Representatives Cartwright, Beyer, 
Blumenauer, Carter, Clark, Cohen, Connolly, Delaney, 
DeSaulnier, Eshoo, Grijalva, Hanabusa, Jackson Lee, Johnson, 
Kaptur, Keating, Knight, Lance, Lee, Lieu, Loebsack, Lowenthal, 
Matsui, Mullin, Norton, Olson, Peters, Pingree, Pocan, Polis, 
Quigley, Radewagen, Rice, Schakowsky, Schiff, Scott, Scott, 
Serrano, Shea-Porter, Slaughter, Speier, Stewart, Tonko, 
Tsongas, and Welch introduced similar legislation, H.R. 627, in 
the House of Representatives on January 24, 2017. The Energy 
and Commerce Committee ordered H.R. 627 reported on June 7, 
2017. H.R. 627 was passed by the House of Representatives by 
voice vote on June 12, 2017.
    Similar legislation, S. 383, was introduced by Senators 
Collins, Warner, Shaheen, Portman, and Merkley on February 15, 
2017. Senator Warren was added as a cosponsor on June 14, 2017. 
The measure was included in S. 385, the Energy Savings and 
Industrial Competitiveness Act (Cal. 73), and slightly modified 
as section 1103 in S. 1460, the Energy and Natural Resources 
Act of 2017 (Cal. 162).
    In the 114th Congress, Representatives Cartwright, Clark, 
Connolly, Conyers, Delaney, Eshoo, Esty, Gibson, Hastings, 
Himes, Honda, Joyce, Kelly, Kuster, Lance, Langevin, Loebsack, 
Lowenthal, Mullin, Norton, Peters, Pocan, Polis, Quigley, Ruiz, 
Schiff, Sires, Speier, Stewart, Tonko, Tsongas, Van Hollen, 
Vela, and Welch introduced similar legislation, H.R. 756, in 
the House of Representatives on February 5, 2015. H.R. 756 was 
passed by the House of Representatives by voice vote on 
December 6, 2016. The measure was included in S. 720, the 
Energy Savings and Industrial Competitiveness Act of 2015 (Cal. 
210).
    Similar legislation, S. 523, was introduced by Senators 
Collins, Warner, Ayotte, and Merkley, on February 12, 2015. 
Senator Shaheen was added as a cosponsor on May 5, 2015. The 
Committee on Energy and Natural Resources held a hearing on S. 
523 on April 30, 2015 (S. Hrg. 114-166). The measure was 
included in S. 2012, the Energy Policy Modernization Act of 
2016, which the Senate passed, as amended, on April 20, 2016.
    In the 113th Congress, Representatives Cartwright, Clark, 
Connolly, Delaney, Grayson, Holt, Honda, Larson, Loebsack, 
Lowenthal, Mullin, Peters, Pocan, Price, Sablan, Schiff, Shea-
Porter, Sires, and Welch introduced H.R. 4092, in the House of 
Representatives on February 26, 2014. H.R. 4092 was passed by 
the House of Representatives by voice vote on June 23, 2014.
    Companion legislation, S. 1084, was introduced by Senators 
Udall and Collins on June 3, 2013. Senator Schatz was added as 
a cosponsor on July 8, 2013. The Subcommittee on Energy held a 
hearing on S. 1084 on June 25, 2013 (S. Hrg. 113-70). Identical 
language was also included in S. 2074 and S. 2262, both 
introduced by Senators Shaheen, Portman, Ayotte, Bennet, 
Collins, Coons, Franken, Hoeven, Isakson, Landrieu, Manchin, 
Murkowski, Warner, and Wicker on February 27, 2014 and April 
28, 2014, respectively. Cloture on the motion to end debate on 
S. 2262 was not agreed to in the Senate by a yea-nay vote of 
55-36 on May 12, 2014.
    In the 112th Congress, a similar bill, S. 828, was 
introduced by Senators Udall and Collins on April 14, 2011.
    In the 111th Congress, a similar bill, S. 3364, was 
introduced by Senators Udall, Collins, Burris, Merkley, Murray, 
and Tester on May 13, 2010. Senator Lincoln was added as a 
cosponsor on June 22, 2010.
    The Committee on Energy and Natural Resource met in open 
business session on July 16, 2019, and ordered H.R. 762 and S. 
253 favorably reported, as amended.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 16, 2019, by a majority voice 
vote of a quorum present, recommends that the Senate pass H.R. 
762, if amended as described herein. Senator Lee asked to be 
recorded as voting no.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 762, the Committee adopted 
an amendment in the nature of a substitute. The amendment in 
the nature of a substitute strikes the text of H.R. 762 and 
inserts the text of S. 253, as ordered reported by Committee. 
While very similar in substance, S. 253, the Streamlining 
Energy Efficiency for Schools Act, does not change any existing 
law, unlike H.R. 762, which amends section 392 of the Energy 
Policy and Conservation Act. S. 253, also unlike H.R. 762, 
designates DOE's EERE as the lead agency to coordinate Federal 
outreach to schools regarding energy efficiency programs. S. 
253 also further describes the requirements of coordination and 
outreach efforts that EERE must conduct to ensure schools are 
aware of and able to access existing Federal energy efficiency 
programs. S. 253, as amended, also expanded the required review 
of existing Federal energy efficiency programs and financing 
mechanisms to include identification of any programs that are 
duplicative.
    In addition, pursuant to rule 7(d) of the Committee's rule, 
the vote to report the measure authorized correction of section 
2(a)(1)(D) to reflect the fact that the Office of Indian 
Education Programs within the Bureau of Indian Affairs was 
renamed and established as a separate Bureau of Indian 
Education in 2006.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 sets forth the short title of the bill.

Sec. 2. Coordination of energy retrofitting assistance for schools

    Section 2(a) defines relevant terms. The term ``school'' is 
broadly defined to include nonprofit elementary or secondary 
school; an institution of higher education; a school of the 
defense dependents' education system; a school operated by the 
Bureau of Indian Education; a tribally controlled school; and a 
Tribal College or University.
    Subsection (b) designates DOE's EERE as the lead agency for 
coordinating and disseminating information about existing 
Federal energy efficiency programs to schools.
    Subsection (c) describes the requirements of coordination 
and outreach under subsection (b), including: a review of 
existing Federal programs and financing mechanisms, including 
an identification of programs that are duplicative; 
establishing a Federal cross-departmental collaborative 
coordination, education, and outreach effort to streamline 
communication about relevant programs to schools; providing 
technical assistance to states, local educational agencies, and 
schools; developing an online resource website with contact 
information for relevant technical assistance and support staff 
in EERE; and establishing a process of recognition for schools 
that successfully implement energy efficiency projects.
    Subsection (d) requires a report within 180 days of 
enactment describing the implementation of the legislation.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure have 
been provided by the Congressional Budget Office:




    H.R. 762 would designate the Department of Energy as the 
lead agency to coordinate and disseminate information on 
existing federal programs that aim to help initiate, develop, 
and finance energy efficiency, renewable energy, and retrofit 
projects in schools.
    Using information about the cost of similar efforts, CBO 
estimates that implementing H.R. 762 would cost $2 million over 
the 2020-2024 period. Any spending would be subject to the 
availability of appropriated funds. Those costs would stem from 
coordinating and collaborating among federal agencies, 
providing technical assistance to states, and creating an 
online resource for schools. CBO estimates that the department 
would need three new employees to carry out these duties, at an 
annual cost of about $500,000.
    On September 13, 2019, CBO transmitted a cost estimate for 
S. 253, the Streamlining Energy Efficiency for Schools Act of 
2019, as ordered reported by the Senate Committee on Energy and 
Natural Resources on July 16, 2019. The two pieces of 
legislation are similar, and CBO's estimate of their budgetary 
effects are the same.
    The CBO staff contact for this estimate is Madeleine Fox. 
The estimate was reviewed by H. Samuel Papenfuss Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 762. The Act is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 762, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 762, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The Committee did not request executive views on H.R. 762.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by H.R. 762 as ordered 
reported.

                                  [all]