[House Report 117-610]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-610
======================================================================
BULB REPLACEMENT IMPROVING GOVERNMENT WITH HIGH-EFFICIENCY TECHNOLOGY
ACT
_______
December 8, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 7636]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 7636) 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 without amendment and recommends that the
bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 4
Duplication of Federal Programs.................................. 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose of Legislation
The purpose of H.R. 7636, the Bulb Replacement Improving
Government with High-Efficiency Technology (BRIGHT) Act, is to
ensure that public buildings are using the most life-cycle cost
effective and energy efficient technology when performing
normal maintenance, altering, or constructing public buildings.
Background and Need for Legislation
From 2012 to 2018, the General Services Administration
(GSA) released a series of reports evaluating the cost and
energy-saving potential of utilizing the most efficient light
bulbs, fixtures, and controls.\1\ Currently, federal energy
guidance for lighting directs the GSA Administrator to use
energy efficient options to the extent feasible.\2\ All ENERGY
STAR light bulbs satisfy this requirement, using at least two-
thirds less energy than a standard incandescent bulb. Since the
ENERGY STAR guidance was established, technology has improved
significantly. However, the prevailing lighting guidance from
the Energy Independence and Security Act of 2007 (EISA, P.L.
110-140) does not ask GSA to use the most cost-efficient
lighting fixture and bulb procurement, nor does it mention
efficient lighting systems to fully encompass all relevant
equipment, including lamps, sensors, controls, daylighting,
etc.
---------------------------------------------------------------------------
\1\https://www.gsa.gov/governmentwide-initiatives/sustainability/
emerging-building-technologies /published-findings/lighting.
\2\https://www.sustainability.gov/pdfs/
guiding_principles_for_sustainable_federal_buildings.pdf.
---------------------------------------------------------------------------
The BRIGHT Act directs GSA to procure the most life-cycle
cost effective and energy efficient lighting for public
buildings. Such guidance will codify GSA's report suggestions
to ensure they pursue and use the most up to date, efficient
lighting for all routine maintenance, alterations, and
construction to the extent feasible as technology continues to
evolve. The bill does not endorse, nor does it prohibit
specific technology, but rather it guides GSA to pursue the
most efficient option. Finally, the bill requires GSA to issue
guidance to federal agencies, and state, local and Tribal
entities to further streamline efficiency and effectiveness
across government.
Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
117th Congress, the following hearings were used to develop or
consider H.R. 7636:
On November 2, 2021, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a
hearing titled ``The General Services Administration's
Priorities for 2021 and Beyond.'' The Subcommittee received
testimony from Hon. Robin Carnahan, Administrator, General
Services Administration; and, Ms. Nina Albert, Commissioner,
Public Buildings Services, General Services Administration.
This hearing examined the current and future priorities of the
GSA.
On June 22, 2022, the Subcommittee on Economic Development,
Public Buildings, and Emergency Management held a hearing
titled ``Capital Investment Program: Identifying Risk to GSA
Facilities.'' The Subcommittee received testimony from Ms. Nina
Albert, Commissioner, Public Buildings Service, General
Services Administration.
Legislative History and Consideration
H.R. 7636, the ``Bulb Replacement Improving Government with
High-Efficiency Technology (BRIGHT) Act'', was introduced in
the House on April 28, 2022, by Ms. Titus and referred to the
Committee on Transportation and Infrastructure. Within the
Committee on Transportation and Infrastructure, H.R. 7636 was
referred to the Subcommittee on Economic Development, Public
Buildings, and Emergency Management.
The Subcommittee on Economic Development, Public Buildings,
and Emergency Management was discharged from further
consideration of H.R. 7636 on July 20, 2022.
The Committee considered H.R. 7636 on July 20, 2022, and
ordered the measure to be favorably reported to the House by a
record vote of 49 yeas and 4 nays (Roll Call No. 100).
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
Committee on Transportation and Infrastructure Roll Call No. 100
On: Agreeing to Amendment #1 offered by Mr. Perry (732)
Agreed to: 49 yeas and 4 nays
----------------------------------------------------------------------------------------------------------------
Member Vote Member Vote
----------------------------------------------------------------------------------------------------------------
Mr. DeFazio..................................... Yea Mr. Graves of MO.................. ............
Ms. Norton...................................... Yea Mr. Crawford...................... Yea
Ms. Johnson of TX............................... Yea Mr. Gibbs......................... ............
Mr. Larsen of WA................................ Yea Mr. Webster....................... Yea
Mrs. Napolitano................................. Yea Mr. Massie........................ ............
Mr. Cohen....................................... ............ Mr. Perry......................... Nay
Mr. Sires....................................... Yea Mr. Rodney Davis of IL............ ............
Mr. Garamendi................................... Yea Mr. Katko......................... ............
Mr. Johnson of GA............................... Yea Mr. Babin......................... Yea
Mr. Carson...................................... Yea Mr. Graves of LA.................. ............
Ms. Titus....................................... Yea Mr. Rouzer........................ Nay
Mr. Maloney of NY............................... Yea Mr. Bost.......................... Yea
Mr. Huffman..................................... Yea Mr. Weber of TX................... Nay
Ms. Brownley.................................... Yea Mr. LaMalfa....................... Yea
Ms. Wilson of FL................................ ............ Mr. Westerman..................... ............
Mr. Payne....................................... Yea Mr. Mast.......................... Yea
Mr. Lowenthal................................... Yea Mr. Gallagher..................... Yea
Mr. DeSaulnier.................................. Yea Mr. Fitzpatrick................... Yea
Mr. Lynch....................................... Yea Miss Gonzalez-Colon............... ............
Mr. Carbajal.................................... Yea Mr. Balderson..................... Yea
Mr. Brown of MD................................. Yea Mr. Stauber....................... Yea
Mr. Malinowski.................................. Yea Mr. Burchett...................... ............
Mr. Stanton..................................... Yea Mr. Johnson of SD................. Yea
Mr. Allred...................................... Yea Mr. Van Drew...................... Yea
Ms. Davids of KS................................ Yea Mr. Guest......................... Yea
Mr. Garcia of IL................................ Yea Mr. Nehls......................... Yea
Mr. Pappas...................................... Yea Ms. Mace.......................... ............
Mr. Lamb........................................ Yea Ms. Malliotakis................... Yea
Mr. Moulton..................................... ............ Ms. Van Duyne..................... Nay
Mr. Auchincloss................................. ............ Mr. Gimenez....................... Yea
Ms. Bourdeaux................................... Yea Mrs. Steel........................ Yea
Mr. Kahele...................................... Yea
Ms. Strickland.................................. Yea
Ms. Williams of GA.............................. ............
Ms. Newman...................................... Yea
Mr. Carter of LA................................ Yea
Mrs. Cherfilus-McCormack........................ Yea
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to ensure
that public buildings are using the most life-cycle cost
effective and energy efficient technology when performing
normal maintenance, altering, or constructing public buildings.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 7636 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 7636 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Title
This section provides that this bill may be cited as the
``Bulb Replacement Improving Government with High-Efficiency
Technology Act'' or ``BRIGHT Act''.
Sec. 2. Guidance
This section directs GSA within one year to issue guidance
to Federal agencies for the procurement and use of the most
life-cycle cost effective and energy efficient lighting
systems.
Sec. 3. Procurement of life-cycle cost effective and energy efficient
lighting systems
This section directs GSA to the maximum extent practicable
to procure the most life-cycle cost effective and energy
efficient lighting systems during construction, alteration,
acquisition or leasing of public buildings.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 40, UNITED STATES CODE
* * * * * * *
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.]
3313. Procurement of life-cycle cost effective and energy efficient
lighting systems.
* * * * * * *
Sec. 3313. [Use of energy efficient lighting fixtures and bulbs]
Procurement of life-cycle cost effective and energy
efficient lighting systems
[(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.]
(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 (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.]
* * * * * * *
[all]