[Senate Report 116-157]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 292
116th Congress      }                                   {       Report
                                 SENATE
 1st Session        }                                   {      116-157
_______________________________________________________________________

                                     


                       BULB REPLACEMENT IMPROVING

             GOVERNMENT WITH HIGH-EFFICIENCY TECHNOLOGY ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 1874

TO AMEND TITLE 40, UNITED STATES CODE, TO REQUIRE THE ADMINISTRATOR OF 
  GENERAL SERVICES TO PROCURE THE MOST LIFE-CYCLE COST EFFECTIVE AND 
    ENERGY EFFICIENT LIGHTING PRODUCTS AND TO ISSUE GUIDANCE ON THE 
EFFICIENCY, EFFECTIVENESS, AND ECONOMY OF THOSE PRODUCTS, AND FOR OTHER 
                                PURPOSES




              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]





                November 6, 2019.--Ordered to be printed
                               __________

                      U.S. GOVERNMENT PUBLISHING OFFICE
                      
99-010                     WASHINGTON : 2019 
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
       Patrick J. Bailey, Chief Counsel for Governmental Affairs
           Joshua P. McLeod, Senior Professional Staff Member
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
          Jackson G. Voss, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk










                                                      Calendar No. 292
116th Congress      }                                   {       Report
                                 SENATE
 1st Session        }                                   {      116-157
======================================================================



 
 BULB REPLACEMENT IMPROVING GOVERNMENT WITH HIGH-EFFICIENCY TECHNOLOGY 
                                  ACT

                                _______
                                

                November 6, 2019.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 1874]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 1874), to amend 
title 40, United States Code, to require the Administrator of 
General Services to procure the most life-cycle cost effective 
and energy efficient lighting products and to issue guidance on 
the efficiency, effectiveness, and economy of those products, 
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.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................3
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. Purpose and Summary

    The purpose of S. 1874, the Bulb Replacement Improving 
Government with High-efficiency Technology Act of 2019 (BRIGHT 
Act), is to maximize cost effectiveness and energy efficiency 
in lighting across government by directing the General Services 
Administration (GSA) to procure and use the most life-cycle 
cost effective and energy efficient lighting systems in public 
buildings, to the extent practicable. S. 1874 also requires 
that GSA provide guidance on lighting system efficiency best 
practices to Federal agencies, state, local, and tribal 
entities.

              II. Background and the Need for Legislation

    In the Energy Independence and Security Act of 2007 (EISA), 
the GSA Administrator was directed to use energy efficient 
options for lighting to the extent feasible, a requirement 
satisfied by use of light bulbs certified by the ENERGY STAR 
program.\1\ This program, established by the Energy Policy and 
Conservation Act, allows the Environmental Protection Agency 
and the Department of Energy to certify energy efficient 
products and buildings.\2\ Light bulbs certified by the ENERGY 
STAR program use less energy than a standard incandescent 
bulb.\3\ However, since ENERGY STAR guidance was established 
and EISA became law, lighting technology has improved 
significantly, creating opportunities for the Federal 
Government to achieve greater energy efficiency through 
upgrades of its lighting systems.\4\
---------------------------------------------------------------------------
    \1\Pub. L. No. 110-140.
    \2\42 U.S.C. Sec. 6294a.
    \3\Environmental Protection Agency, How a Product Earns the ENERGY 
STAR Label, available at https://www.energystar.gov/products/how-
product-earns-energy-star-label.
    \4\Environmental Protection Agency, LED Lighting, available at 
https://www.energy.gov/energysaver/save-electricity-and-fuel/lighting-
choices-save-you-money/led-lighting.
---------------------------------------------------------------------------
    From 2012 to 2018, GSA released a series of reports 
evaluating the cost and energy-saving potential of upgrading 
lighting systems with more efficient light bulbs, fixtures, and 
controls.\5\ These reports found that the government could 
achieve substantial energy savings by replacing two ENERGY STAR 
certified bulbs, expended compact fluorescent lamp (CFL)\6\ and 
linear fluorescent lamp (LFL) bulbs,\7\ with light-emitting 
diodes (LED) bulbs. GSA calculated that LED bulbs would be 40 
to 50 percent more efficient than CFL bulbs and could generate 
annual cost savings of up to $15.6 million.\8\
---------------------------------------------------------------------------
    \5\General Services Administration, Lighting (Nov. 14, 2018), 
available at https://www.gsa.gov/governmentwide-initiatives/
sustainability/emerging-building-technologies/published-findings/
lighting.
    \6\General Services Administration, LED Downlight Lamps for CFL 
Fixtures (Apr. 2016), available at https://www.gsa.gov/cdnstatic/
GSA_GPG_Downlight_LED_Form_Factor_Assessment_508. pdf [hereinafter 
``LED''].
    \7\General Services Administration, TLED Lighting Retrofits with 
Dedicated Drivers (Sep. 2016), available at https://www.gsa.gov/
cdnstatic/GSA_GPG_Linear_LED_Retrofit_Assessment-508.pdf.
    \8\LED at 12.
---------------------------------------------------------------------------
    The BRIGHT Act would update current U.S. Code and establish 
that the Administrator of GSA should acquire and use the most 
life-cycle cost effective and energy efficient lighting systems 
available to the extent feasible. While current law already 
requires that GSA must use ENERGY STAR certified lighting when 
feasible, the range of products certified under this program 
results in GSA relying on older, less energy and cost efficient 
technology. This bill directs GSA to continue to pursue new 
technologies using existing procurement authorities and, in 
keeping with the original intent of EISA, that Federal 
buildings be as energy and cost efficient as possible.
    The BRIGHT Act also directs GSA to provide Federal 
agencies, state, local, and tribal governments with guidance 
for best practices on procuring and using the most life-cycle 
cost effective and energy efficient lighting systems, sharing 
expertise that can be of cost-saving value and ensuring that 
efficiency, effectiveness, and economy objectives are maximized 
across all levels of government.

                        III. Legislative History

    Senator Gary C. Peters (D-MI) introduced S. 1874 on June 
13, 2019, with Senator Ron Johnson (R-WI). Senator Margaret 
Hassan (D-NH) later joined as a cosponsor. The bill was 
referred to the Committee on Homeland Security and Governmental 
Affairs. The Committee considered S. 1874 at a June 19, 2019 
business meeting.
    During the business meeting, Senators Peters and Johnson 
offered an amendment in the nature of a substitute that removed 
a reporting requirement. The Committee ordered S. 1874, as 
modified by the substitute amendment, reported favorably en 
bloc by voice vote. Senators present were Johnson, Portman, 
Paul, Lankford, Romney, Scott, Enzi, Hawley, Peters, Carper, 
Hassan, Sinema, and Rosen.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section provides the bill's short title, the ``Bulb 
Replacement Improving Government with High-Efficiency 
Technology Act'' or the ``BRIGHT Act.''

Section 2. Guidance

    This section directs the Administrator of GSA to issue 
guidance within one year of the bill's passage for use by (1) 
Federal agencies ``for the procurement and use'' of ``cost-
effective and energy efficient lighting systems''; and (2) 
other non-Federal government entities to aid in their own use 
of cost effective and efficient lighting.

Section 3. Procurement of life-cycle cost effective and energy 
        efficient lighting systems

    This section amends 40 U.S.C. 3133. The new subsection (a) 
defines ``Administrator'' as the Administrator of GSA, and 
defines ``lighting system'' broadly to include all the 
potential ``elements required to maintain a desired light 
level.''
    The new subsection (b) directs the GSA Administrator to 
procure ``the most life-cycle cost effective and energy 
efficient lighting systems'' and to equip public buildings with 
the same.
    The new subsection (c) applies the cost effectiveness/
energy efficiency requirement to replacement and maintenance 
operations in public buildings.
    The new subsection (d) includes several considerations the 
Administrator must incorporate in developing contracting and 
procurement options in service of the bill's aims.
    The new subsection (e) describes ``procedures and methods'' 
required for determining life-cycle cost effectiveness of a 
product.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 31, 2019.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1874, the BRIGHT 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    S. 1874 would require the General Services Administration 
(GSA) to procure lighting systems for use in federal buildings 
that are the most cost effective and energy efficient when 
measured over the systems' expected lifetime. (Life cycle costs 
include all capital and operating expenses associated with a 
system over its life expectancy of up to 40 years, including 
fuel costs.) The bill also would require GSA to issue guidance 
about the efficiency of new lighting products.
    A variety of statutory provisions and executive orders 
direct federal agencies to meet certain goals to reduce the 
amount of energy used in federal facilities, increase the 
consumption of electricity that is generated from renewable 
sources, reduce emissions of greenhouse gases, and ensure that 
federal facilities meet certain standards related to the use of 
sustainable resources. In addition, the federal government uses 
life cycle costs to evaluate investments in owned and leased 
buildings. S. 1874 could marginally accelerate meeting energy 
efficiency goals by encouraging the use of lighting systems 
that would have higher initial costs but longer-term energy 
savings. Using information from GSA, CBO estimates that any 
such costs would be less than $500,000 annually and would total 
$2 million over the 2020-2024 period. Any additional savings 
from reduced energy costs would not be significant over the 
next five years. All of those effects, both costs and savings, 
would be subject to future appropriation actions consistent 
with the bill.
    Enacting S. 1874 could affect direct spending by some 
agencies that are allowed to use fees, receipts from the sale 
of goods, and other collections to cover operating costs. CBO 
estimates that any net changes in direct spending by those 
agencies would be negligible because most of them can adjust 
amounts collected to reflect changes in operating costs.
    S. 1874 could also affect direct spending if under the bill 
GSA procures more lighting systems using long-term contracts 
known as Energy Savings Performance Contracts (ESPCs).\1\ 
However, because S. 1874 would not change those contracts' 
scope or the ability of GSA to enter into them, CBO estimates 
that any increase in direct spending stemming from increased 
use of such contracts under the bill would not be significant.
---------------------------------------------------------------------------
    \1\In CBO's judgment, agencies that enter into ESPCs make an 
obligation--a commitment of federal resources--on behalf of the 
government to cover the full cost of the equipment to be acquired, but 
without the necessary appropriations. Therefore, legislation 
authorizing ESPCs creates the authority to make such obligations, and 
in the absence of appropriations sufficient to cover the contractual 
costs, that authority is a form of mandatory rather than discretionary 
spending. See Congressional Budget Office, Using ESPCs to Finance 
Federal Investments in Energy-Efficient Equipment (February 2015), 
www.cbo.gov/publication/49869.
---------------------------------------------------------------------------
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 1874 as reported are shown as follows (existing law proposed 
to be omitted is enclosed in brackets, new matter is printed in 
italic, and existing law in which no change is proposed is 
shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

           *       *       *       *       *       *       *


                Subtitle II--Public Buildings and Works

PART A--GENERAL

           *       *       *       *       *       *       *



CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION

           *       *       *       *       *       *       *



[SEC. 3313. USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND BULBS

    (a) Construction, Alteration, and Acquisition of Public 
Buildings.--Each public building constructed, altered, or 
acquired by the Administrator of General Services shall be 
equipped, to the maximum extent feasible as determined by the 
Administrator, with lighting fixtures and bulbs that are energy 
efficient.
    (b) Maintenance of Public Buildings.--Each lighting fixture 
or bulb that is replaced by the Administrator in the normal 
course of maintenance of public buildings shall be replaced, to 
the maximum extent feasible, with a lighting fixture or bulb 
that is energy efficient.
    (c) Considerations.--In making a determination under this 
section concerning the feasibility of installing a lighting 
fixture or bulb that is energy efficient, the Administrator 
shall consider--
          (1) the life-cycle cost effectiveness of the fixture 
        or bulb;
          (2) the compatibility of the fixture or bulb with 
        existing equipment;
          (3) whether use of the fixture or bulb could result 
        in interference with productivity;
          (4) the aesthetics relating to use of the fixture or 
        bulb; and
          (5) such other factors as the Administrator 
        determines appropriate.]

SEC. 3133. PROCUREMENT OF LIFE-CYCLE COST EFFECTIVE AND ENERGY 
                    EFFICIENT LIGHTING SYSTEMS.

    (a) Definitions. In this section:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of General Services.
          (2) Lighting system.--The term ``lighting system'' 
        means the elements required to maintain a desired light 
        level, including lamps, light fixtures, fixture 
        distribution, sensors and control technologies, 
        interior design elements, and daylighting sources.
    (b) Procurement.--
          (1) In general.--To the maximum extent practicable, 
        the Administrator shall--
                  (A) procure the most life-cycle cost 
                effective and energy efficient lighting 
                systems; and
                  (B) ensure that procurements after the date 
                of enactment of the BRIGHT Act of lighting 
                systems or the individual components of 
                lighting systems maximize life-cycle cost 
                effectiveness and energy efficiency.
          (2) Use.--Each public building constructed, altered, 
        acquired, or leased by the Administrator shall be 
        equipped, to the maximum extent practicable as 
        determined by the Administrator, with the most life-
        cycle cost effective and energy efficient lighting 
        systems for each application.
    (c) Maintenance of Public Buildings.--Each individual 
component of a lighting system, including a lamp or fixture, 
that is replaced by the Administrator in the normal course of 
maintenance of public buildings shall be replaced, to the 
maximum extent practicable, with the most life-cycle cost 
effective and energy efficient lighting system possible for the 
application.
    (d) Considerations.--
          (1) Contracting options.--In carrying out this 
        section, the Administrator shall consider appropriate 
        contracting options for the procurement of the most 
        life-cycle cost effective and energy efficient lighting 
        systems.
          (2) Procurement and use.--In making a determination 
        under this section concerning the practicability of 
        procuring and installing the most life-cycle cost 
        effective and energy efficient lighting system, the 
        Administrator shall consider--
                  (A) the compatibility of the lighting system 
                with existing equipment, including 
                consideration of a cost effective retrofit;
                  (B) whether procurement and use of the 
                lighting system could result in interference 
                with productivity;
                  (C) the aesthetics relating to the use of the 
                lighting system; and
                  (D) such other factors as the Administrator 
                determines to be appropriate.
    (e) Life-cycle Cost Effective.--The Administrator shall use 
the procedures and methods established under section 544(a) of 
the National Energy Conservation Policy Act (42 U.S.C. 8254(a)) 
in determining whether a lighting system is life-cycle cost 
effective.
    [(d)](f) Energy Star.--A [lighting fixture or bulb] 
lighting system shall be treated as being energy efficient for 
purposes of this section if--
          (1) [the fixture or bulb is] the lighting system or 
        the individual components of the lighting system are 
        certified under the Energy Star program established by 
        section 324A of the Energy Policy and Conservation Act 
        (42 U.S.C. 6294a);
          (2) in the case of all light-emitting diode (LED) 
        luminaires, lamps, and systems whose efficacy (lumens 
        per watt) and Color Rendering Index (CRI) meet the 
        Department of Energy requirements for minimum luminaire 
        efficacy and CRI for the Energy Star certification, as 
        verified by an independent third-party testing 
        laboratory that the Administrator and the Secretary of 
        Energy determine conducts its tests according to the 
        procedures and recommendations of the Illuminating 
        Engineering Society of North America, even if the 
        luminaires, lamps, and systems have not received such 
        certification; or
          (3) the Administrator and the Secretary of Energy 
        have otherwise determined that the [fixture or bulb] 
        lighting system is energy efficient.
    [(e)](g) Additional Energy Efficient Lighting 
Designations.--The Administrator of the Environmental 
Protection Agency and the Secretary of Energy shall give 
priority to establishing Energy Star performance criteria or 
Federal Energy Management Program designations for additional 
lighting product categories that are appropriate for 
procurement and use in public buildings.
    [(f)](h) Guidelines.--The Administrator shall develop 
guidelines for the procurement and use of energy efficient 
lighting technologies that contain mercury in child care 
centers in public buildings.
    [(g))](i) Applicability of Buy American Act.--Acquisitions 
carried out pursuant to this section shall be subject to the 
requirements of the Buy American Act\1\ (41 U.S.C. 10c et 
seq.).
    [(h) Effective date.--The requirements of subsections (a) 
and (b) shall take effect 1 year after the date of enactment of 
this subsection.]

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