[Senate Report 117-80]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 274
117th Congress       }                            {            Report
                                 SENATE
 2d Session          }                            {            117-80
_______________________________________________________________________


                       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. 442

         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]


               February 16, 2022.--Ordered to be printed
               
               
               		      __________ 
               		      
               		      
               	    U.S. GOVERNMENT PUBLISHING OFFICE      

29-010			    WASHINGTON : 2022               
               			
                            
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
              Chelsea A. Davis, Professional Staff Member
                Pamela Thiessen, Minority Staff Director
  Andrew C. Dockham, Minority Chief Counsel and Deputy Staff Director
Amanda H. Neely, Minority Director of Governmental Affairs and General 
                                Counsel
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk



                                                       Calendar No. 274
117th Congress       }                            {            Report
                                 SENATE
 2d Session          }                            {            117-80

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



 
 BULB REPLACEMENT IMPROVING GOVERNMENT WITH HIGH-EFFICIENCY TECHNOLOGY 
                                  ACT

                                _______
                                

               February 16, 2022.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 442]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 442), to amend 
title 40, United States Code, to require the Administrator of 
the 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
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............6

                         I. Purpose and Summary

    The purpose of S. 442, the Bulb Replacement Improving 
Government with High-efficiency Technology Act (BRIGHT Act), is 
to maximize cost savings 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. 442 also requires GSA 
to provide guidance on best lighting system practices to 
federal agencies and state, local, and tribal entities to 
maximize efficiency across government.

              II. Background and the Need for Legislation

    Since 2007, the Energy Independence and Security Act of 
2007 (EISA)\1\ has directed the GSA Administrator to procure 
and use energy efficient lightbulbs to the extent feasible. All 
ENERGY STAR light bulbs satisfy this requirement, using at 
least two-thirds less energy than a standard incandescent 
bulb.\2\ However, since ENERGY STAR guidance was established, 
technology has improved significantly, resulting in substantial 
opportunities for lighting procurement savings.\3\
---------------------------------------------------------------------------
    \1\Pub. L. No. 110-140.
    \2\ Environmental Protection Agency, What Makes a Product ENERGY 
STAR? (https://www.energystar.gov/products/
what_makes_product_energy_star) (accessed Dec. 1, 2021).
    \3\Environmental Protection Agency, LED Lighting (www.energy.gov/
energysaver/led-lighting) (accessed Dec. 1, 2021).
---------------------------------------------------------------------------
    Between 2012 and 2018, GSA released a series of reports 
evaluating the cost and energy-savings potential of utilizing 
more efficient light bulbs, fixtures, and controls.\4\ These 
reports found that the government could achieve substantial 
energy savings by replacing expended compact fluorescent lamp 
(CFL)\5\ and linear fluorescent lamp (LFL) bulbs\6\--both 
ENERGY STAR certified bulbs--with more efficient light-emitting 
diodes (LED) bulbs. GSA found that LED bulbs were up to 50 
percent more efficient than CFL bulbs, could last twice as 
long, and could generate annual cost savings of up to $15.6 
million when fully implemented.\7\ GSA also found significant 
savings opportunities with advanced lighting controls, 
integrated daylighting, integrated advanced lighting controls, 
occupant responsive lighting, and wireless advanced lighting 
controls. Despite this potential, GSA and its facilities 
managers are not incentivized to maximize cost efficiency 
across lighting procurement.\8\
---------------------------------------------------------------------------
    \4\U.S. General Services Administration, Lighting (www.gsa.gov/
governmentwide-initiatives/sustainability/emerging-building-
technologies/published-findings/lighting) (accessed June 11, 2019).
    \5\U.S. General Services Administration, Downlight LED Lighting 
Form Factor Assessment (Apr. 2016) (www.gsa.gov/cdnstatic/
GSA_GPG_Downlight_LED_Form_Factor_Assessment_ 508.pdf).
    \6\ U.S. General Services Administration, Linear LED Lighting 
Retrofit Assessment (Sep. 2016) (www.gsa.gov/cdnstatic/
GSA_GPG_Linear_LED_Retrofit_Assessment-508.pdf).
    \7\U.S. General Services Administration, LED Downlight Lamps for 
CFL Fixtures (Apr. 2016) (www.gsa.gov/cdnstatic/GPG_Findings_026-
LED_Downlight_Lamps.pdf); U.S. General Services Administration, TLED 
Lighting Retrofits with Dedicated Drivers (Aug. 8, 2018) (www.gsa.gov/
cdnstatic/GPG_Findings_030-Linear_LED_Retrofits_1535394309.pdf).
    \8\LED Lighting, supra note 3.
---------------------------------------------------------------------------
    The BRIGHT Act would require the GSA Administrator to 
acquire and use the most life-cycle cost effective and energy 
efficient lighting systems to the extent feasible. While GSA is 
already required by law to use ENERGY STAR certified lightbulbs 
whenever feasible, GSA often relies on older, less energy and 
cost-efficient technology given the wide range of products 
certified under this program.\9\ Additionally, existing code 
language narrowly focuses on lightbulbs rather than complete 
lighting systems (encompassing all relevant fixtures and 
controls), limiting savings potential.\10\ This bill therefore 
directs GSA to pursue the most effective technologies wherever 
possible across the full range of lighting products using 
existing procurement authorities, thereby enhancing the 
original intent of EISA: that Federal buildings be as energy 
and cost efficient as possible.
---------------------------------------------------------------------------
    \9\ U.S. General Services Administration, LED Downlight Lamps for 
CFL Fixtures (Apr. 2016) (www.gsa.gov/cdnstatic/GPG_Findings_026-
LED_Downlight_Lamps.pdf); U.S. General Services Administration, TLED 
Lighting Retrofits with Dedicated Drivers (Aug. 8, 2018) (www.gsa.gov/
cdnstatic/GPG_Findings_030-Linear_LED_Retrofits_1535394309.pdf).
    \10\ 40 U.S. Code Sec.  3313.
---------------------------------------------------------------------------
    The BRIGHT Act also directs GSA to provide Federal agencies 
and state, local, and tribal governments with guidance on the 
best lighting system procurement and implementation practices 
to maximize efficiency, effectiveness, and economy objectives 
across government.

                        III. Legislative History

    Chairman Gary Peters (D-MI) introduced S. 442, the Bulb 
Replacement Improving Government with High-Efficiency 
Technology (BRIGHT) Act, on February 25, 2021, with Senator 
Johnson (R-WI). The bill was referred to the Committee on 
Homeland Security and Governmental Affairs.
    The Committee considered S. 442 at a business meeting on 
November 3, 2021. The bill was approved by voice vote en bloc 
with Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, 
Portman, Johnson, Lankford, Romney, Scott, and Hawley present.

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


Section 1. Short title

    This section provides that the Act may be cited as the 
``Bulb Replacement Improving Government with High-Efficiency 
Technology (BRIGHT) Act.''

Section 2. Guidance

    This section directs the Administrator of the General 
Services Administration (GSA) to issue guidance to federal 
agencies for the procurement and use of the most life-cycle 
cost effective and energy efficient lighting systems to 
increase the efficiency, effectiveness, and economy of the 
federal government. This section also requires the 
Administrator to provide this guidance to state, local, and 
tribal entities and publish it on the Internet.

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

    This section redesignates subsections (d) through (g) of 
United States Code title 40, Section 3313 as subsections (f) 
through (i) and amends the section designation heading and all 
that follows through the end of subsection (c). It changes the 
title of the heading from ``energy efficient lighting fixtures 
and bulbs'' to ``procurement of life-cycle cost effective and 
energy efficient lighting systems.'' It also defines the terms 
``Administrator'' and ``lighting system'' referred to 
throughout the bill.
    This section directs the Administrator to procure the most 
life-cycle cost effective and energy efficient lighting systems 
to the extent practicable after the date of enactment. The 
Administrator must use the most life-cycle cost effective and 
energy efficient lighting systems in each public building 
constructed, altered, acquired, or leased, to the extent 
practicable. The Administrator must also replace individual 
components of a lighting system in the normal course of 
maintenance with the most life-cycle cost effective and energy 
efficient lighting systems to the extent practicable.
    This section amends subsection (d) of section 3313 of title 
40 of the U.S. Code to require the Administrator to take 
contracting options and other specific procurement 
considerations into account when carrying out this section. It 
additionally requires the Administrator to consider cost-
effective retrofits when evaluating compatibility with existing 
equipment.
    The redesignated subsection (e) of section 3313 requires 
the Administrator to 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.
    The redesignated subsection (f) of section 3313 strikes 
``lighting fixture'' and references to ``bulbs'' and replaces 
it with ``lighting system'' or the ``lighting system or the 
individual components of the lighting system.''
    The redesignated subsections (g) and (h) of section 3313 
add ``procurement'' in addition to ``use'' of lighting systems 
in the context of prioritization and guideline requirements.

                   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 (UMRA) 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, February 10, 2022.
Hon. Gary Peters,
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. 442, 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.

    	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 442 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. 442 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 
about $2 million over the 2022-2026 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. 442 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. 442 also could affect direct spending if, under the 
bill, GSA procures more lighting systems using long-term 
contracts known as Energy Savings Performance Contracts 
(ESPCs).\11\ However, because S. 442 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.
---------------------------------------------------------------------------
    \11\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 
the bill, 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) * * *
    (b) * * *
    (c) * * *
          (1) * * *
          (2) * * *
          (3) * * *
          (4) * * *
          (5) * * *]

SEC. 3313. 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 (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]