[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2137 Reported in Senate (RS)]
<DOC>
Calendar No. 263
116th CONGRESS
1st Session
S. 2137
[Report No. 116-143]
To promote energy savings in residential buildings and industry, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 17, 2019
Mr. Portman (for himself, Mrs. Shaheen, Ms. Collins, Mr. Coons, Ms.
Hassan, Mr. Manchin, Mr. Wicker, Mr. Bennet, Mr. Warner, Ms. Warren,
and Mr. King) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
October 23, 2019
Reported by Ms. Murkowski, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To promote energy savings in residential buildings and industry, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy Savings and
Industrial Competitiveness Act of 2019''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--BUILDINGS
Subtitle A--Building Energy Codes
Sec. 101. Greater energy efficiency in building codes.
Sec. 102. Cost-effective codes implementation for efficiency and
resilience.
Sec. 103. Commercial building energy consumption information sharing.
Subtitle B--Worker Training and Capacity Building
Sec. 111. Building training and assessment centers.
Sec. 112. Career skills training.
Subtitle C--School Buildings
Sec. 121. Coordination of energy retrofitting assistance for schools.
TITLE II--INDUSTRIAL EFFICIENCY AND COMPETITIVENESS
Subtitle A--Manufacturing Energy Efficiency
Sec. 201. Purposes.
Sec. 202. Future of Industry program and industrial research and
assessment centers.
Sec. 203. Sustainable manufacturing initiative.
Sec. 204. Conforming amendments.
Subtitle B--Extended Product System Rebate Program
Sec. 211. Extended Product System Rebate Program.
Subtitle C--Transformer Rebate Program
Sec. 221. Energy Efficient Transformer Rebate Program.
TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY
Sec. 301. Energy-efficient and energy-saving information technologies.
Sec. 302. Energy efficient data centers.
TITLE IV--REGULATORY PROVISIONS
Subtitle A--Third-Party Certification Under Energy Star Program
Sec. 401. Third-Party Certification Under Energy Star Program.
Subtitle B--Federal Green Buildings
Sec. 411. High-performance green Federal buildings.
Subtitle C--Energy and Water Performance Requirements for Federal
Buildings
Sec. 421. Energy and water performance requirements for Federal
buildings.
Sec. 422. Federal Energy Management Program.
Sec. 423. Federal building energy efficiency performance standards;
certification system and level for green
buildings.
Sec. 424. Enhanced energy efficiency underwriting.
TITLE V--MISCELLANEOUS
Sec. 501. Budgetary effects.
Sec. 502. Advance appropriations required.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of Energy.
TITLE I--BUILDINGS
Subtitle A--Building Energy Codes
SEC. 101. GREATER ENERGY EFFICIENCY IN BUILDING CODES.
(a) Definitions.--Section 303 of the Energy Conservation and
Production Act (42 U.S.C. 6832) is amended--
(1) by striking paragraph (14) and inserting the following:
``(14) Model building energy code.--The term `model
building energy code' means a voluntary building energy code or
standard developed and updated by interested persons, such as
the code or standard developed by--
``(A) the Council of American Building Officials,
or its legal successor, International Code Council,
Inc.;
``(B) the American Society of Heating,
Refrigerating, and Air-Conditioning Engineers; or
``(C) other appropriate organizations.''; and
(2) by adding at the end the following:
``(17) IECC.--The term `IECC' means the International
Energy Conservation Code.
``(18) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).''.
(b) State Building Energy Efficiency Codes.--Section 304 of the
Energy Conservation and Production Act (42 U.S.C. 6833) is amended to
read as follows:
``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
``(a) Voluntary Codes and Standards.--Notwithstanding any other
provision of this section, any model building code or standard
established under section 304 shall not be binding on a State, local
government, or Indian tribe as a matter of Federal law.
``(b) Action by Secretary.--The Secretary shall--
``(1) encourage and support the adoption of building energy
codes by States, Indian tribes, and, as appropriate, by local
governments that meet or exceed the model building energy
codes, or achieve equivalent or greater energy savings; and
``(2) support full compliance with the State and local
codes.
``(c) State and Indian Tribe Certification of Building Energy Code
Updates.--
``(1) Review and updating of codes by each state and indian
tribe.--
``(A) In general.--Not later than 2 years after the
date of publication of a revision to a model building
energy code, each State or Indian tribe shall certify
whether the State or Indian tribe, respectively, has
reviewed and updated the energy provisions of the
building code of the State or Indian tribe,
respectively.
``(B) Demonstration.--The certification shall
include a demonstration of whether the energy savings
for the code provisions that are in effect throughout
the territory of the State or Indian tribe meet or
exceed the energy savings of the updated model building
energy code.
``(C) No model building energy code update.--If a
model building energy code is not updated by a target
date established under section 307(b)(2)(E), each State
or Indian tribe shall, not later than 2 years after the
specified date, certify whether the State or Indian
tribe, respectively, has reviewed and updated the
energy provisions of the building code of the State or
Indian tribe, respectively, to meet or exceed the
target in section 307(b)(2).
``(2) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the code provisions of the
State or Indian tribe, respectively, meet the criteria
specified in paragraph (1); and
``(B) if the determination is positive, validate
the certification.
``(d) Improvements in Compliance With Building Energy Codes.--
``(1) Requirement.--
``(A) In general.--Not later than 3 years after the
date of a certification under subsection (c), each
State and Indian tribe shall certify whether the State
and Indian tribe, respectively, has--
``(i) achieved full compliance under
paragraph (3) with the applicable certified
State and Indian tribe building energy code or
with the associated model building energy code;
or
``(ii) made significant progress under
paragraph (4) toward achieving compliance with
the applicable certified State and Indian tribe
building energy code or with the associated
model building energy code.
``(B) Repeat certifications.--If the State or
Indian tribe certifies progress toward achieving
compliance, the State or Indian tribe shall repeat the
certification until the State or Indian tribe certifies
that the State or Indian tribe has achieved full
compliance, respectively.
``(2) Measurement of compliance.--A certification under
paragraph (1) shall include documentation of the rate of
compliance based on--
``(A) independent inspections of a random sample of
the buildings covered by the code in the preceding
year; or
``(B) an alternative method that yields an accurate
measure of compliance.
``(3) Achievement of compliance.--A State or Indian tribe
shall be considered to achieve full compliance under paragraph
(1) if--
``(A) at least 90 percent of building space covered
by the code in the preceding year substantially meets
all the requirements of the applicable code specified
in paragraph (1), or achieves equivalent or greater
energy savings level; or
``(B) the estimated excess energy use of buildings
that did not meet the applicable code specified in
paragraph (1) in the preceding year, compared to a
baseline of comparable buildings that meet this code,
is not more than 5 percent of the estimated energy use
of all buildings covered by this code during the
preceding year.
``(4) Significant progress toward achievement of
compliance.--A State or Indian tribe shall be considered to
have made significant progress toward achieving compliance for
purposes of paragraph (1) if the State or Indian tribe--
``(A) has developed and is implementing a plan for
achieving compliance during the 8-year-period beginning
on the date of enactment of the Energy Savings and
Industrial Competitiveness Act of 2019, including
annual targets for compliance and active training and
enforcement programs; and
``(B) has met the most recent target under
subparagraph (A).
``(5) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the State or Indian tribe
has demonstrated meeting the criteria of this
subsection, including accurate measurement of
compliance; and
``(B) if the determination is positive, validate
the certification.
``(e) States or Indian Tribes That Do Not Achieve Compliance.--
``(1) Reporting.--A State or Indian tribe that has not made
a certification required under subsection (c) or (d) by the
applicable deadline shall submit to the Secretary a report
describing--
``(A) the status of the State or Indian tribe with
respect to meeting the requirements and submitting the
certification; and
``(B) a plan for meeting the requirements and
submitting the certification.
``(2) Federal support.--For any State or Indian tribe for
which the Secretary has not validated a certification by a
deadline under subsection (c) or (d), the lack of the
certification may be a consideration for Federal support
authorized under this section for code adoption and compliance
activities.
``(3) Local government.--In any State or Indian tribe for
which the Secretary has not validated a certification under
subsection (c) or (d), a local government may be eligible for
Federal support under subsections (f) and (g) by meeting the
certification requirements of subsections (c) and (d).
``(4) Reports by secretary.--
``(A) In general.--Not later than December 31,
2020, and not less frequently than once every 3 years
thereafter, the Secretary shall submit to Congress and
publish a report describing--
``(i) the status of model building energy
codes;
``(ii) the status of code adoption and
compliance in the States and Indian tribes;
``(iii) implementation of this section; and
``(iv) improvements in energy savings over
time as result of the targets established under
section 307(b)(2).
``(B) Impacts.--The report shall include estimates
of impacts of past action under this section, and
potential impacts of further action, on--
``(i) upfront financial and construction
costs, cost benefits and returns (using
investment analysis), and lifetime energy use
for buildings;
``(ii) resulting energy costs to
individuals and businesses; and
``(iii) resulting overall annual building
ownership and operating costs.
``(f) Technical Assistance to States and Indian Tribes.--The
Secretary shall provide technical assistance to States and Indian
tribes to implement the goals and requirements of this section,
including procedures and technical analysis for States and Indian
tribes--
``(1) to improve and implement State residential and
commercial building energy codes;
``(2) to demonstrate that the code provisions of the States
and Indian tribes achieve equivalent or greater energy savings
than the model building energy codes and targets;
``(3) to document the rate of compliance with a building
energy code; and
``(4) to otherwise promote the design and construction of
energy- and water-efficient buildings.
``(g) Availability of Incentive Funding.--
``(1) In general.--The Secretary shall provide incentive
funding to States and Indian tribes--
``(A) to implement the requirements of this
section;
``(B) to improve and implement residential and
commercial building energy codes, including increasing
and verifying compliance with the codes and training of
State, tribal, and local building code officials to
implement and enforce the codes; and
``(C) to promote building energy and water
efficiency through the use of the codes and standards.
``(2) Additional funding.--Additional funding shall be
provided under this subsection for implementation of a plan to
achieve and document full compliance with residential and
commercial building energy codes under subsection (d)--
``(A) to a State or Indian tribe for which the
Secretary has validated a certification under
subsection (c) or (d); and
``(B) in a State or Indian tribe that is not
eligible under subparagraph (A), to a local government
that is eligible under this section.
``(3) Training.--Of the amounts made available under this
subsection, the State or Indian tribe may use amounts required,
but not to exceed $750,000 for a State, to train State and
local building code officials to implement and enforce codes
described in paragraph (2).
``(4) Local governments.--States may share grants under
this subsection with local governments that implement and
enforce the codes.
``(h) Stretch Codes and Advanced Standards.--
``(1) In general.--The Secretary shall provide technical
and financial support for the development of stretch codes and
advanced standards for residential and commercial buildings for
use as--
``(A) an option for adoption as a building energy
code by local, tribal, or State governments; and
``(B) guidelines for energy-efficient building
design.
``(2) Targets.--The stretch codes and advanced standards
shall be designed--
``(A) to achieve substantial energy savings
compared to the model building energy codes; and
``(B) to meet targets under section 307(b), if
available, at least 3 to 6 years in advance of the
target years.
``(i) Studies.--The Secretary, in consultation with building
science experts from the National Laboratories and institutions of
higher education, designers and builders of energy-efficient
residential and commercial buildings, code officials, code and
standards developers, and other stakeholders, shall undertake a study
of the feasibility, impact, economics, and merit of--
``(1) code and standards improvements that would require
that buildings be designed, sited, and constructed in a manner
that makes the buildings more adaptable in the future to become
zero-net-energy after initial construction, as advances are
achieved in energy-saving technologies;
``(2) code procedures to incorporate measured lifetimes,
not just first-year energy use, in trade-offs and performance
calculations;
``(3) legislative options for increasing energy savings
from building energy codes and standards, including additional
incentives for effective State and local action, and
verification of compliance with and enforcement of a code or
standard other than by a State or local government; and
``(4) code and standards improvements that consider energy
efficiency and water efficiency and, to the maximum extent
practicable, consider energy efficiency and water efficiency in
an integrated manner.
``(j) Effect on Other Laws.--Nothing in this section or section 307
supersedes or modifies the application of sections 321 through 346 of
the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.).
``(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section and section 307 $200,000,000, to
remain available until expended.''.
(c) Federal Building Energy Efficiency Standards.--Section 305 of
the Energy Conservation and Production Act (42 U.S.C. 6834) is amended
by striking ``voluntary building energy code'' each place it appears in
subsections (a)(2)(B) and (b) and inserting ``model building energy
code''.
(d) Model Building Energy Codes.--Section 307 of the Energy
Conservation and Production Act (42 U.S.C. 6836) is amended to read as
follows:
``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.
``(a) In General.--The Secretary shall support the updating of
model building energy codes.
``(b) Targets.--
``(1) In general.--The Secretary shall support the updating
of the model building energy codes to enable the achievement of
aggregate energy savings targets established under paragraph
(2).
``(2) Targets.--
``(A) In general.--The Secretary shall work with
State, Indian tribes, local governments, code and
standards developers (such as the entities described in
section 303(14)), and other interested parties to
support the updating of model building energy codes by
establishing one or more national aggregate energy
savings targets to achieve the purposes of this
section.
``(B) Separate targets.--The Secretary shall
establish separate targets for commercial and
residential buildings.
``(C) Baselines.--The baseline for updating model
building energy codes shall be the 2009 IECC for
residential buildings and ASHRAE Standard 90.1-2010 for
commercial buildings.
``(D) Code cycles.--The targets established under
subparagraph (A) shall align with the respective code
development cycles determined by the model building
energy code-setting and standards development
organizations described in section 303(14).
``(E) Specific years.--
``(i) In general.--Targets for specific
years shall be established and revised by the
Secretary through rulemaking and coordinated
with code and standards developers (such as the
entities described in section 303(14)) at a
level that--
``(I) is at the maximum level of
energy efficiency that is
technologically feasible and lifecycle
cost effective, while accounting for
the economic considerations under
paragraph (4);
``(II) is higher than the preceding
target;
``(III) promotes the achievement of
commercial and residential high-
performance buildings (as defined in
section 401 of the Energy Independence
and Security Act of 2007 (42 U.S.C.
17061)) through high performance energy
efficiency; and
``(IV) takes into consideration the
variations in climate zones used in
model building energy codes.
``(ii) Initial targets.--Not later than 1
year after the date of enactment of this
clause, the Secretary shall establish initial
targets under this subparagraph.
``(iii) Different target years.--Subject to
clause (i), prior to the applicable year, the
Secretary may set a later target year for any
of the model building energy codes described in
subparagraph (A) if the Secretary determines
that a target cannot be met.
``(iv) Small business.--When establishing
targets under this paragraph through
rulemaking, the Secretary shall ensure
compliance with the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 601
note; Public Law 104-121).
``(3) Appliance standards and other factors affecting
building energy use.--In establishing building code targets
under paragraph (2), the Secretary shall develop and adjust the
targets in recognition of potential savings and costs relating
to--
``(A) efficiency gains made in appliances,
lighting, windows, insulation, and building envelope
sealing;
``(B) advancement of distributed generation and on-
site renewable power generation technologies;
``(C) equipment improvements for heating, cooling,
and ventilation systems;
``(D) building management systems and smart
technologies to reduce energy use; and
``(E) other technologies, practices, and building
systems that the Secretary considers appropriate
regarding building plug load and other energy uses.
``(4) Economic considerations.--In establishing and
revising building code targets under paragraph (2), the
Secretary shall consider the economic feasibility of achieving
the proposed targets established under this section and the
potential costs and savings for consumers and building owners,
including a return on investment analysis.
``(c) Technical Assistance to Model Building Energy Code-Setting
and Standards Development Organizations.--
``(1) In general.--The Secretary shall, on a timely basis,
provide technical assistance to model building energy code-
setting and standards development organizations consistent with
the goals of this section.
``(2) Assistance.--The assistance shall include, as
requested by the organizations, technical assistance in--
``(A) evaluating code or standards proposals or
revisions;
``(B) building energy and water analysis and design
tools;
``(C) building demonstrations;
``(D) developing definitions of energy use
intensity and building types for use in model building
energy codes to evaluate the efficiency impacts of the
model building energy codes;
``(E) performance-based standards;
``(F) evaluating economic considerations under
subsection (b)(4); and
``(G) developing model building energy codes by
Indian tribes in accordance with tribal law.
``(3) Amendment proposals.--The Secretary may submit timely
model building energy code amendment proposals to the model
building energy code-setting and standards development
organizations, with supporting evidence, sufficient to enable
the model building energy codes to meet the targets established
under subsection (b)(2).
``(4) Analysis methodology.--The Secretary shall make
publicly available the entire calculation methodology
(including input assumptions and data) used by the Secretary to
estimate the energy savings of code or standard proposals and
revisions.
``(d) Determination.--
``(1) Revision of model building energy codes.--If the
provisions of the IECC or ASHRAE Standard 90.1 regarding
building energy use are proposed to be revised, the Secretary
shall make a preliminary determination, by not later than 90
days after the date of receipt of the proposed revision, and a
final determination by not later than 15 months after the date
of publication of the revision, regarding whether the revision
will--
``(A) improve energy efficiency in buildings, as
compared to the existing model building energy code;
and
``(B) meet the applicable targets under subsection
(b)(2).
``(2) Codes or standards not meeting targets.--
``(A) Preliminary determination by secretary.--If
the Secretary makes a preliminary determination under
paragraph (1)(B) that a code or standard does not meet
an applicable target under subsection (b)(2), the
Secretary shall contemporaneously provide to the
developer of the model building energy code or standard
not fewer than 2 proposed changes that would result in
a model building energy code that meets the applicable
target, together with supporting evidence, taking into
consideration--
``(i) whether the modified code is
technically feasible and lifecycle cost
effective;
``(ii) available appliances, technologies,
materials, and construction practices; and
``(iii) the economic considerations under
subsection (b)(4).
``(B) Determination or election by developer.--Not
later than 270 days after the date of receipt of
proposed changes of the Secretary under subparagraph
(A), a developer shall--
``(i) determine whether--
``(I) to publish a new revised code
accepting the proposed changes; or
``(II) to reject the proposed
changes; or
``(ii) if the developer elects not to make
a determination under clause (i), publish a
notice of that election, together with the
proposed changes.
``(C) Final determination by secretary.--
``(i) In general.--A final determination by
the Secretary shall be made on the model
building energy code or standard, as modified
by the changes proposed by the Secretary under
subparagraph (A).
``(ii) Additional determinations.--If a
model building energy code or standards
developer makes an election pursuant to
subparagraph (B)(ii), the Secretary shall make
the following final determinations for purposes
of this subsection:
``(I) A final determination
regarding whether the code or standard
of the developer, absent any changes
proposed by the Secretary under
subparagraph (A), will--
``(aa) improve energy
efficiency in buildings, as
compared to the existing model
building energy code; and
``(bb) meet the applicable
targets under subsection
(b)(2).
``(II) A final determination
regarding whether the code or standard
of the developer, as modified by the
changes proposed by the Secretary under
subparagraph (A), would--
``(aa) improve energy
efficiency in buildings, as
compared to the existing model
building energy code; and
``(bb) meet the applicable
targets under subsection
(b)(2).
``(e) Administration.--In carrying out this section, the Secretary
shall--
``(1) publish notice of targets and supporting analysis and
determinations under this section in the Federal Register to
provide an explanation of and the basis for such actions,
including any supporting modeling, data, assumptions,
protocols, and cost-benefit analysis, including return on
investment; and
``(2) provide an opportunity for public comment on targets
and supporting analysis and determinations under this
section.''.
SEC. 102. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND
RESILIENCE.
(a) In General.--Title III of the Energy Conservation and
Production Act (42 U.S.C. 6831 et seq.) is amended by adding at the end
the following:
``SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND
RESILIENCE.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a relevant State agency, as determined by the
Secretary, such as a State building code agency or
State energy office; and
``(B) a partnership.
``(2) Partnership.--The term `partnership' means a
partnership between an eligible entity described in paragraph
(1)(A) and one or more of the following entities:
``(A) Local building code agencies.
``(B) Codes and standards developers.
``(C) Associations of builders and design and
construction professionals.
``(D) Local and utility energy efficiency programs.
``(E) Consumer, energy efficiency, and
environmental advocates.
``(F) Other entities, as determined by the
Secretary.
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish within the
Building Technologies Office of the Department of Energy a
program under which the Secretary shall award grants on a
competitive basis to eligible entities to enable sustained
cost-effective implementation of updated building energy codes.
``(2) Updated building energy code.--An update to a
building energy code under this section shall include any
update made available after the existing building energy code,
even if it is not the most recent updated code available.
``(c) Criteria; Priority.--In awarding grants under subsection (b),
the Secretary shall--
``(1) consider--
``(A) prospective energy savings and plans to
measure the savings;
``(B) the long-term sustainability of those
measures and savings;
``(C) prospective benefits, and plans to assess the
benefits, including benefits relating to--
``(i) resilience and peak load reduction;
``(ii) occupant safety and health; and
``(iii) environmental performance;
``(D) the demonstrated capacity of the eligible
entity to carry out the proposed project; and
``(E) the need of the eligible entity for
assistance; and
``(2) give priority to applications from partnerships.
``(d) Eligible Activities.--
``(1) In general.--An eligible entity awarded a grant under
this section may use the grant funds--
``(A) to create or enable State or regional
partnerships to provide training and materials to--
``(i) builders, contractors and
subcontractors, architects, and other design
and construction professionals, relating to
meeting updated building energy codes in a
cost-effective manner; and
``(ii) building code officials, relating to
improving implementation of and compliance with
building energy codes;
``(B) to collect and disseminate quantitative data
on construction and codes implementation, including
code pathways, performance metrics, and technologies
used;
``(C) to develop and implement a plan for highly
effective codes implementation, including measuring
compliance;
``(D) to address various implementation needs in
rural, suburban, and urban areas; and
``(E) to implement updates in energy codes for--
``(i) new residential and commercial
buildings (including multifamily buildings);
and
``(ii) additions and alterations to
existing residential and commercial buildings
(including multifamily buildings).
``(2) Related topics.--Training and materials provided
using a grant under this section may include information on the
relationship between energy codes and--
``(A) cost-effective, high-performance, and zero-
net-energy buildings;
``(B) improving resilience, health, and safety;
``(C) water savings and other environmental
impacts; and
``(D) the economic impacts of energy codes.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
``(1) $25,000,000 for each of fiscal years 2020 through
2029; and
``(2) for fiscal year 2030 and each fiscal year thereafter,
such sums as are necessary.''.
(b) Conforming Amendment.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended, in the matter preceding
paragraph (1), by striking ``As used in'' and inserting ``Except as
otherwise provided, in''.
SEC. 103. COMMERCIAL BUILDING ENERGY CONSUMPTION INFORMATION SHARING.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Energy Information
Administration (referred to in this section as the ``Administrator'')
and the Administrator of the Environmental Protection Agency shall
sign, and submit to Congress, an information sharing agreement
(referred to in this section as the ``agreement'') relating to
commercial building energy consumption data.
(b) Content of Agreement.--The agreement shall--
(1) provide that the Administrator shall have access to
building-specific data in the Portfolio Manager database of the
Environmental Protection Agency;
(2) describe the manner in which the Administrator shall
incorporate appropriate data (including the data described in
subsection (c)) into any Commercial Buildings Energy
Consumption Survey (referred to in this section as ``CBECS'')
published after the date of enactment of this Act for the
purpose of analyzing and estimating building population, size,
location, activity, energy usage, and any other relevant
building characteristic; and
(3) describe and compare--
(A) the methodologies that the Energy Information
Administration, the Environmental Protection Agency,
and State and local government managers use to maximize
the quality, reliability, and integrity of data
collected through CBECS, the Portfolio Manager database
of the Environmental Protection Agency, and State and
local building energy disclosure laws (including
regulations), respectively, and the manner in which
those methodologies can be improved; and
(B) consistencies and variations in data for
buildings that were captured in the 2012 CBECS cycle
and in the Portfolio Manager database of the
Environmental Protection Agency.
(c) Data.--The data referred in subsection (b)(2) includes data
that--
(1) is collected through the Portfolio Manager database of
the Environmental Protection Agency;
(2) is required to be publicly available on the internet
under State and local government building energy disclosure
laws (including regulations); and
(3) includes information on private sector buildings that
are not less than 250,000 square feet.
(d) Protection of Information.--In carrying out the agreement, the
Administrator and the Administrator of the Environmental Protection
Agency shall protect information in accordance with--
(1) section 552(b)(4) of title 5, United States Code
(commonly known as the `Freedom of Information Act');
(2) subchapter III of chapter 35 of title 44, United States
Code; and
(3) any other applicable law (including regulations).
Subtitle B--Worker Training and Capacity Building
SEC. 111. BUILDING TRAINING AND ASSESSMENT CENTERS.
(a) In General.--The Secretary shall provide grants to institutions
of higher education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as
defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to
establish building training and assessment centers--
(1) to identify opportunities for optimizing energy
efficiency and environmental performance in buildings;
(2) to promote the application of emerging concepts and
technologies in commercial and institutional buildings;
(3) to train engineers, architects, building scientists,
building energy permitting and enforcement officials, and
building technicians in energy-efficient design and operation;
(4) to assist institutions of higher education and Tribal
Colleges or Universities in training building technicians;
(5) to promote research and development for the use of
alternative energy sources and distributed generation to supply
heat and power for buildings, particularly energy-intensive
buildings; and
(6) to coordinate with and assist State-accredited
technical training centers, community colleges, Tribal Colleges
or Universities, and local offices of the National Institute of
Food and Agriculture and ensure appropriate services are
provided under this section to each region of the United
States.
(b) Coordination and Nonduplication.--
(1) In general.--The Secretary shall coordinate the program
with the industrial research and assessment centers program and
with other Federal programs to avoid duplication of effort.
(2) Collocation.--To the maximum extent practicable,
building, training, and assessment centers established under
this section shall be collocated with Industrial Assessment
Centers.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, to remain available
until expended.
SEC. 112. CAREER SKILLS TRAINING.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means a nonprofit partnership that--
(1) includes the equal participation of industry, including
public or private employers, and labor organizations, including
joint labor-management training programs;
(2) may include workforce investment boards, community-
based organizations, qualified service and conservation corps,
educational institutions, small businesses, cooperatives, State
and local veterans agencies, and veterans service
organizations; and
(3) demonstrates--
(A) experience in implementing and operating worker
skills training and education programs;
(B) the ability to identify and involve in training
programs carried out under this section, target
populations of individuals who would benefit from
training and be actively involved in activities
relating to energy efficiency and renewable energy
industries; and
(C) the ability to help individuals achieve
economic self-sufficiency.
(b) Establishment.--The Secretary shall award grants to eligible
entities to pay the Federal share of associated career skills training
programs under which students concurrently receive classroom
instruction and on-the-job training for the purpose of obtaining an
industry-related certification to install energy efficient buildings
technologies, including technologies described in subsection (b)(3) of
section 307 of the Energy Conservation and Production Act (42 U.S.C.
6836).
(c) Federal Share.--The Federal share of the cost of carrying out a
career skills training program described in subsection (a) shall be 50
percent.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, to remain available
until expended.
Subtitle C--School Buildings
SEC. 121. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS.
(a) Definition of School.--In this section, the term ``school''
means--
(1) 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));
(2) an institution of higher education (as defined in
section 102(a) of the Higher Education Act of 1965 (20 U.S.C.
1002(a)));
(3) 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;
(4) a school operated by the Bureau of Indian Affairs;
(5) a tribally controlled school (as defined in section
5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C.
2511)); and
(6) a Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))).
(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;
(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.
TITLE II--INDUSTRIAL EFFICIENCY AND COMPETITIVENESS
Subtitle A--Manufacturing Energy Efficiency
SEC. 201. PURPOSES.
The purposes of this subtitle are--
(1) to establish a clear and consistent authority for
industrial efficiency programs of the Department of Energy;
(2) to accelerate the deployment of technologies and
practices that will increase industrial energy efficiency and
improve productivity;
(3) to accelerate the development and demonstration of
technologies that will assist the deployment goals of the
industrial efficiency programs of the Department of Energy and
increase manufacturing efficiency;
(4) to stimulate domestic economic growth and improve
industrial productivity and competitiveness;
(5) to meet the future workforce needs of industry; and
(6) to strengthen partnerships between Federal and State
governmental agencies and the private and academic sectors.
SEC. 202. FUTURE OF INDUSTRY PROGRAM AND INDUSTRIAL RESEARCH AND
ASSESSMENT CENTERS.
(a) Future of Industry Program.--Section 452 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17111) is amended--
(1) by striking the section heading and inserting the
following: ``future of industry program'';
(2) in subsection (a)(2)--
(A) by redesignating subparagraph (E) as
subparagraph (F); and
(B) by inserting after subparagraph (D) the
following:
``(E) water and wastewater treatment facilities,
including systems that treat municipal, industrial, and
agricultural waste; and'';
(3) by striking subsection (e); and
(4) by redesignating subsection (f) as subsection (e).
(b) Industrial Research and Assessment Centers.--Subtitle D of
title IV of the Energy Independence and Security Act of 2007 (42 U.S.C.
17111 et seq.) is amended by adding at the end the following:
``SEC. 454. INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.
``(a) Definitions.--In this section:
``(1) Energy service provider.--The term `energy service
provider' means--
``(A) any business providing technology or services
to improve the energy efficiency, water efficiency,
power factor, or load management of a manufacturing
site or other industrial process in an energy-intensive
industry (as defined in section 452(a)); and
``(B) any utility operating under a utility energy
service project.
``(2) Industrial research and assessment center.--The term
`industrial research and assessment center' means--
``(A) an institution of higher education-based
industrial research and assessment center that is
funded by the Secretary under subsection (b); and
``(B) an industrial research and assessment center
at a trade school, community college, or union training
program that is funded by the Secretary under
subsection (f).
``(b) Institution of Higher Education-Based Industrial Research and
Assessment Centers.--
``(1) In general.--The Secretary shall provide funding to
institution of higher education-based industrial research and
assessment centers.
``(2) Purpose.--The purpose of each institution of higher
education-based industrial research and assessment center shall
be--
``(A) to identify opportunities for optimizing
energy efficiency and environmental performance,
including implementation of--
``(i) smart manufacturing;
``(ii) energy management systems;
``(iii) sustainable manufacturing; and
``(iv) information technology advancements
for supply chain analysis, logistics, system
monitoring, industrial and manufacturing
processes, and other purposes;
``(B) to promote applications of emerging concepts
and technologies in small- and medium-sized
manufacturers (including water and wastewater treatment
facilities and federally owned manufacturing
facilities);
``(C) to promote research and development for the
use of alternative energy sources to supply heat,
power, and new feedstocks for energy-intensive
industries;
``(D) to coordinate with appropriate Federal and
State research offices;
``(E) to provide a clearinghouse for industrial
process and energy efficiency technical assistance
resources; and
``(F) to coordinate with State-accredited technical
training centers and community colleges, while ensuring
appropriate services to all regions of the United
States.
``(c) Coordination.--To increase the value and capabilities of the
industrial research and assessment centers, the centers shall--
``(1) coordinate with Manufacturing Extension Partnership
Centers of the National Institute of Standards and Technology;
``(2) coordinate with the Federal Energy Management Program
and the Building Technologies Program of the Department of
Energy to provide building assessment services to
manufacturers;
``(3) increase partnerships with the National Laboratories
of the Department of Energy to leverage the expertise,
technologies, and research and development capabilities of the
National Laboratories for national industrial and manufacturing
needs;
``(4) increase partnerships with energy service providers
and technology providers to leverage private sector expertise
and accelerate deployment of new and existing technologies and
processes for energy efficiency, power factor, and load
management;
``(5) identify opportunities for reducing greenhouse gas
emissions and other air emissions; and
``(6) promote sustainable manufacturing practices for
small- and medium-sized manufacturers.
``(d) Outreach.--The Secretary shall provide funding for--
``(1) outreach activities by the industrial research and
assessment centers to inform small- and medium-sized
manufacturers of the information, technologies, and services
available; and
``(2) coordination activities by each industrial research
and assessment center to leverage efforts with--
``(A) Federal and State efforts;
``(B) the efforts of utilities and energy service
providers;
``(C) the efforts of regional energy efficiency
organizations; and
``(D) the efforts of other industrial research and
assessment centers.
``(e) Centers of Excellence.--
``(1) Establishment.--The Secretary shall establish a
Center of Excellence at not more than 5 of the highest-
performing industrial research and assessment centers, as
determined by the Secretary.
``(2) Duties.--A Center of Excellence shall coordinate with
and advise the industrial research and assessment centers
located in the region of the Center of Excellence, including--
``(A) by mentoring new directors and staff of the
industrial research and assessment centers with respect
to--
``(i) the availability of resources; and
``(ii) best practices for carrying out
assessments, including through the
participation of the staff of the Center of
Excellence in assessments carried out by new
industrial research and assessment centers;
``(B) by providing training to staff and students
at the industrial research and assessment centers on
new technologies, practices, and tools to expand the
scope and impact of the assessments carried out by the
centers;
``(C) by assisting the industrial research and
assessment centers with specialized technical
opportunities, including by providing a clearinghouse
of available expertise and tools to assist the centers
and clients of the centers in assessing and
implementing those opportunities;
``(D) by identifying and coordinating with
regional, State, local, and utility energy efficiency
programs for the purpose of facilitating efforts by
industrial research and assessment centers to connect
industrial facilities receiving assessments from those
centers with regional, State, local, and utility energy
efficiency programs that could aid the industrial
facilities in implementing any recommendations
resulting from the assessments;
``(E) by facilitating coordination between the
industrial research and assessment centers and other
Federal programs described in paragraphs (1) through
(3) of subsection (c); and
``(F) by coordinating the outreach activities of
the industrial research and assessment centers under
subsection (d)(1).
``(3) Funding.--Subject to the availability of
appropriations, for each fiscal year, out of any amounts made
available to carry out this section under subsection (i), the
Secretary shall use not less than $500,000 to support each
Center of Excellence.
``(f) Expansion of Industrial Research and Assessment Centers.--
``(1) In general.--The Secretary shall provide funding to
establish additional industrial research and assessment centers
at trade schools, community colleges, and union training
programs.
``(2) Purpose.--
``(A) In general.--Subject to subparagraph (B), to
the maximum extent practicable, an industrial research
and assessment center established under paragraph (1)
shall have the same purpose as an institution of higher
education-based industrial research center that is
funded by the Secretary under subsection (b)(1).
``(B) Consideration of capabilities.--In evaluating
or establishing the purpose of an industrial research
and assessment center established under paragraph (1),
the Secretary shall take into consideration the varying
capabilities of trade schools, community colleges, and
union training programs.
``(g) Workforce Training.--
``(1) Internships.--The Secretary shall pay the Federal
share of associated internship programs under which students
work with or for industries, manufacturers, and energy service
providers to implement the recommendations of industrial
research and assessment centers.
``(2) Apprenticeships.--The Secretary shall pay the Federal
share of associated apprenticeship programs under which--
``(A) students work with or for industries,
manufacturers, and energy service providers to
implement the recommendations of industrial research
and assessment centers; and
``(B) employees of facilities that have received an
assessment from an industrial research and assessment
center work with or for an industrial research and
assessment center to gain knowledge on engineering
practices and processes to improve productivity and
energy savings.
``(3) Federal share.--The Federal share of the cost of
carrying out internship programs described in paragraph (1) and
apprenticeship programs described in paragraph (2) shall be 50
percent.
``(h) Small Business Loans.--The Administrator of the Small
Business Administration shall, to the maximum extent practicable,
expedite consideration of applications from eligible small business
concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.)
to implement recommendations developed by the industrial research and
assessment centers.
``(i) Funding.--There is authorized to be appropriated to the
Secretary to carry out this section $30,000,000 for each fiscal year,
to remain available until expended.''.
(c) Clerical Amendment.--The table of contents of the Energy
Independence and Security Act of 2007 (42 U.S.C. prec. 17001) is
amended by adding at the end of the items relating to subtitle D of
title IV the following:
``Sec. 454. Industrial research and assessment centers.''.
SEC. 203. SUSTAINABLE MANUFACTURING INITIATIVE.
(a) In General.--Part E of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6341 et seq.) is amended by adding at the
end the following:
``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
``(a) In General.--As part of the Office of Energy Efficiency and
Renewable Energy of the Department of Energy, the Secretary, on the
request of a manufacturer, shall carry out onsite technical assessments
to identify opportunities for--
``(1) maximizing the energy efficiency of industrial
processes and cross-cutting systems;
``(2) preventing pollution and minimizing waste;
``(3) improving efficient use of water in manufacturing
processes;
``(4) conserving natural resources; and
``(5) achieving such other goals as the Secretary
determines to be appropriate.
``(b) Coordination.--To implement any recommendations resulting
from an onsite technical assessment carried out under subsection (a)
and to accelerate the adoption of new and existing technologies and
processes that improve energy efficiency, the Secretary shall
coordinate with--
``(1) the Advanced Manufacturing Office of the Department
of Energy;
``(2) the Building Technologies Office of the Department of
Energy;
``(3) the Federal Energy Management Program of the
Department of Energy; and
``(4) the private sector and other appropriate agencies,
including the National Institute of Standards and Technology.
``(c) Research and Development Program for Sustainable
Manufacturing and Industrial Technologies and Processes.--As part of
the industrial efficiency programs of the Department of Energy, the
Secretary shall carry out a joint industry-government partnership
program to research, develop, and demonstrate new sustainable
manufacturing and industrial technologies and processes that maximize
the energy efficiency of industrial plants, reduce pollution, and
conserve natural resources.''.
(b) Clerical Amendment.--The table of contents of the Energy Policy
and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the
end of the items relating to part E of title III the following:
``Sec. 376. Sustainable manufacturing initiative.''.
SEC. 204. CONFORMING AMENDMENTS.
(a) Section 106 of the Energy Policy Act of 2005 (42 U.S.C. 15811)
is repealed.
(b) Sections 131, 132, 133, 2103, and 2107 of the Energy Policy Act
of 1992 (42 U.S.C. 6348, 6349, 6350, 13453, 13456) are repealed.
(c) Section 2101(a) of the Energy Policy Act of 1992 (42 U.S.C.
13451(a)) is amended in the third sentence by striking ``sections 2102,
2103, 2104, 2105, 2106, 2107, and 2108'' and inserting ``sections 2102,
2104, 2105, 2106, and 2108 of this Act and section 376 of the Energy
Policy and Conservation Act,''.
Subtitle B--Extended Product System Rebate Program
SEC. 211. EXTENDED PRODUCT SYSTEM REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Electric motor.--The term ``electric motor'' has the
meaning given the term in section 431.12 of title 10, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(2) Electronic control.--The term ``electronic control''
means--
(A) a power converter; or
(B) a combination of a power circuit and control
circuit included on 1 chassis.
(3) Extended product system.--The term ``extended product
system'' means an electric motor and any required associated
electronic control and driven load that--
(A) offers variable speed or multispeed operation;
(B) offers partial load control that reduces input
energy requirements (as measured in kilowatt-hours) as
compared to identified base levels set by the
Secretary; and
(C)(i) has greater than 1 horsepower; and
(ii) uses an extended product system technology, as
determined by the Secretary.
(4) Qualified extended product system.--
(A) In general.--The term ``qualified extended
product system'' means an extended product system
that--
(i) includes an electric motor and an
electronic control; and
(ii) reduces the input energy (as measured
in kilowatt-hours) required to operate the
extended product system by not less than 5
percent, as compared to identified base levels
set by the Secretary.
(B) Inclusions.--The term ``qualified extended
product system'' includes commercial or industrial
machinery or equipment that--
(i)(I) did not previously make use of the
extended product system prior to the redesign
described in subclause (II); and
(II) incorporates an extended product
system that has greater than 1 horsepower into
redesigned machinery or equipment; and
(ii) was previously used prior to, and was
placed back into service during, calendar year
2020 or 2021.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program to
provide rebates for expenditures made by qualified entities for the
purchase or installation of a qualified extended product system.
(c) Qualified Entities.--
(1) Eligibility requirements.--A qualified entity under
this section shall be--
(A) in the case of a qualified extended product
system described in subsection (a)(4)(A), the purchaser
of the qualified extended product that is installed;
and
(B) in the case of a qualified extended product
system described in subsection (a)(4)(B), the
manufacturer of the commercial or industrial machinery
or equipment that incorporated the extended product
system into that machinery or equipment.
(2) Application.--To be eligible to receive a rebate under
this section, a qualified entity shall submit to the
Secretary--
(A) an application in such form, at such time, and
containing such information as the Secretary may
require; and
(B) a certification that includes demonstrated
evidence--
(i) that the entity is a qualified entity;
and
(ii)(I) in the case of a qualified entity
described in paragraph (1)(A)--
(aa) that the qualified entity
installed the qualified extended
product system during the 2 fiscal
years following the date of enactment
of this Act;
(bb) that the qualified extended
product system meets the requirements
of subsection (a)(4)(A); and
(cc) showing the serial number,
manufacturer, and model number from the
nameplate of the installed motor of the
qualified entity on which the qualified
extended product system was installed;
or
(II) in the case of a qualified entity
described in paragraph (1)(B), demonstrated
evidence--
(aa) that the qualified extended
product system meets the requirements
of subsection (a)(4)(B); and
(bb) showing the serial number,
manufacturer, and model number from the
nameplate of the installed motor of the
qualified entity with which the
extended product system is integrated.
(d) Authorized Amount of Rebate.--
(1) In general.--The Secretary may provide to a qualified
entity a rebate in an amount equal to the product obtained by
multiplying--
(A) an amount equal to the sum of the nameplate
rated horsepower of--
(i) the electric motor to which the
qualified extended product system is attached;
and
(ii) the electronic control; and
(B) $25.
(2) Maximum aggregate amount.--A qualified entity shall not
be entitled to aggregate rebates under this section in excess
of $25,000 per calendar year.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of the first
2 full fiscal years following the date of enactment of this Act, to
remain available until expended.
Subtitle C--Transformer Rebate Program
SEC. 221. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Qualified energy efficient transformer.--The term
``qualified energy efficient transformer'' means a transformer
that meets or exceeds the applicable energy conservation
standards described in the tables in subsection (b)(2) and
paragraphs (1) and (2) of subsection (c) of section 431.196 of
title 10, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(2) Qualified energy inefficient transformer.--The term
``qualified energy inefficient transformer'' means a
transformer with an equal number of phases and capacity to a
transformer described in any of the tables in subsection (b)(2)
and paragraphs (1) and (2) of subsection (c) of section 431.196
of title 10, Code of Federal Regulations (as in effect on the
date of enactment of this Act) that--
(A) does not meet or exceed the applicable energy
conservation standards described in paragraph (1); and
(B)(i) was manufactured between January 1, 1987,
and December 31, 2008, for a transformer with an equal
number of phases and capacity as a transformer
described in the table in subsection (b)(2) of section
431.196 of title 10, Code of Federal Regulations (as in
effect on the date of enactment of this Act); or
(ii) was manufactured between January 1, 1992, and
December 31, 2011, for a transformer with an equal
number of phases and capacity as a transformer
described in the table in paragraph (1) or (2) of
subsection (c) of that section (as in effect on the
date of enactment of this Act).
(3) Qualified entity.--The term ``qualified entity'' means
an owner of industrial or manufacturing facilities, commercial
buildings, or multifamily residential buildings, a utility, or
an energy service company that fulfills the requirements of
subsection (d).
(b) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a program to
provide rebates to qualified entities for expenditures made by the
qualified entity for the replacement of a qualified energy inefficient
transformer with a qualified energy efficient transformer.
(c) Requirements.--To be eligible to receive a rebate under this
section, an entity shall submit to the Secretary an application in such
form, at such time, and containing such information as the Secretary
may require, including demonstrated evidence--
(1) that the entity purchased a qualified energy efficient
transformer;
(2) of the core loss value of the qualified energy
efficient transformer;
(3) of the age of the qualified energy inefficient
transformer being replaced;
(4) of the core loss value of the qualified energy
inefficient transformer being replaced--
(A) as measured by a qualified professional or
verified by the equipment manufacturer, as applicable;
or
(B) for transformers described in subsection
(a)(2)(B)(i), as selected from a table of default
values as determined by the Secretary in consultation
with applicable industry; and
(5) that the qualified energy inefficient transformer has
been permanently decommissioned and scrapped.
(d) Authorized Amount of Rebate.--The amount of a rebate provided
under this section shall be--
(1) for a 3-phase or single-phase transformer with a
capacity of not less than 10 and not greater than 2,500
kilovolt-amperes, twice the amount equal to the difference in
Watts between the core loss value (as measured in accordance
with paragraphs (2) and (4) of subsection (c)) of--
(A) the qualified energy inefficient transformer;
and
(B) the qualified energy efficient transformer; or
(2) for a transformer described in subsection (a)(2)(B)(i),
the amount determined using a table of default rebate values by
rated transformer output, as measured in kilovolt-amperes, as
determined by the Secretary in consultation with applicable
industry.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2020 and 2021, to remain available until expended.
(f) Termination of Effectiveness.--The authority provided by this
section terminates on December 31, 2021.
TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY
SEC. 301. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253) is amended by adding at the end the following:
``(h) Federal Implementation Strategy for Energy-Efficient and
Energy-Saving Information Technologies.--
``(1) Definitions.--In this subsection:
``(A) Director.--The term `Director' means the
Director of the Office of Management and Budget.
``(B) Information technology.--The term
`information technology' has the meaning given that
term in section 11101 of title 40, United States Code.
``(2) Development of implementation strategy.--Not later
than 1 year after the date of enactment of the Energy Savings
and Industrial Competitiveness Act of 2019, each Federal agency
shall coordinate with the Director, the Secretary, and the
Administrator of the Environmental Protection Agency to develop
an implementation strategy (including best-practices and
measurement and verification techniques) for the maintenance,
purchase, and use by the Federal agency of energy-efficient and
energy-saving information technologies at or for facilities
owned and operated by the Federal agency, taking into
consideration the performance goals established under paragraph
(4).
``(3) Administration.--In developing an implementation
strategy under paragraph (2), each Federal agency shall
consider--
``(A) advanced metering infrastructure;
``(B) energy efficient data center strategies and
methods of increasing asset and infrastructure
utilization;
``(C) advanced power management tools;
``(D) building information modeling, including
building energy management;
``(E) secure telework and travel substitution
tools; and
``(F) mechanisms to ensure that the agency realizes
the energy cost savings of increased efficiency and
utilization.
``(4) Performance goals.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Energy Savings and
Industrial Competitiveness Act of 2019, the Director,
in consultation with the Secretary, shall establish
performance goals for evaluating the efforts of Federal
agencies in improving the maintenance, purchase, and
use of energy-efficient and energy-saving information
technology at or for facilities owned and operated by
the Federal agencies.
``(B) Best practices.--The Chief Information
Officers Council established under section 3603 of
title 44, United States Code, shall recommend best
practices for the attainment of the performance goals
established under subparagraph (A), which shall
include, to the extent applicable by law, consideration
by a Federal agency of the use of--
``(i) energy savings performance
contracting; and
``(ii) utility energy services contracting.
``(5) Reports.--
``(A) Agency reports.--Each Federal agency shall
include in the report of the agency under section 527
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17143) a description of the efforts and results
of the agency under this subsection.
``(B) OMB government efficiency reports and
scorecards.--Effective beginning not later than October
1, 2019, the Director shall include in the annual
report and scorecard of the Director required under
section 528 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17144) a description of the efforts
and results of Federal agencies under this subsection.
``(C) Use of existing reporting structures.--The
Director may require Federal agencies to submit any
information required to be submitted under this
subsection though reporting structures in use as of the
date of enactment of the Energy Savings and Industrial
Competitiveness Act of 2019.''.
SEC. 302. ENERGY EFFICIENT DATA CENTERS.
Section 453 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17112) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(D)(iv), by striking
``determined by the organization'' and inserting
``proposed by the stakeholders''; and
(B) by striking paragraph (3); and
(2) by striking subsections (c) through (g) and inserting
the following:
``(c) Stakeholder Involvement.--
``(1) In general.--The Secretary and the Administrator
shall carry out subsection (b) in collaboration with the
information technology industry and other key stakeholders,
with the goal of producing results that accurately reflect the
most relevant and useful information.
``(2) Considerations.--In carrying out the collaboration
described in paragraph (1), the Secretary and the Administrator
shall pay particular attention to organizations that--
``(A) have members with expertise in energy
efficiency and in the development, operation, and
functionality of data centers, information technology
equipment, and software, including representatives of
hardware manufacturers, data center operators, and
facility managers;
``(B) obtain and address input from the National
Laboratories (as that term is defined in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801)) or any
institution of higher education, research institution,
industry association, company, or public interest group
with applicable expertise;
``(C) follow--
``(i) commonly accepted procedures for the
development of specifications; and
``(ii) accredited standards development
processes; or
``(D) have a mission to promote energy efficiency
for data centers and information technology.
``(d) Measurements and Specifications.--The Secretary and the
Administrator shall consider and assess the adequacy of the
specifications, measurements, best practices, and benchmarks described
in subsection (b) for use by the Federal Energy Management Program, the
Energy Star Program, and other efficiency programs of the Department of
Energy or the Environmental Protection Agency.
``(e) Study.--
``(1) Definition of report.--In this subsection, the term
`report' means the report of the Lawrence Berkeley National
Laboratory entitled `United States Data Center Energy Usage
Report' and dated June 2016, which was prepared as an update to
the `Report to Congress on Server and Data Center Energy
Efficiency', published on August 2, 2007, pursuant to section 1
of Public Law 109-431 (120 Stat. 2920).
``(2) Study.--Not later than 4 years after the date of
enactment of the Energy Savings and Industrial Competitiveness
Act of 2019, the Secretary, in collaboration with the
Administrator, shall make available to the public an update to
the report that provides--
``(A) a comparison and gap analysis of the
estimates and projections contained in the report with
new data regarding the period from 2015 through 2019;
``(B) an analysis considering the impact of
information technologies, including virtualization and
cloud computing, in the public and private sectors;
``(C) an evaluation of the impact of the
combination of cloud platforms, mobile devices, social
media, and big data on data center energy usage;
``(D) an evaluation of water usage in data centers
and recommendations for reductions in that water usage;
and
``(E) updated projections and recommendations for
best practices through fiscal year 2025.
``(f) Data Center Energy Practitioner Program.--
``(1) In general.--The Secretary, in collaboration with key
stakeholders and the Director of the Office of Management and
Budget, shall maintain a data center energy practitioner
program that provides for the certification of energy
practitioners qualified to evaluate the energy usage and
efficiency opportunities in federally owned and operated data
centers.
``(2) Evaluations.--Each Federal agency shall consider
having the data centers of the agency evaluated once every 4
years by energy practitioners certified pursuant to the
program, whenever practicable using certified practitioners
employed by the agency.
``(g) Open Data Initiative.--
``(1) In general.--The Secretary, in collaboration with key
stakeholders and the Director of the Office of Management and
Budget, shall establish an open data initiative relating to
energy usage at federally owned and operated data centers, with
the purpose of making the data available and accessible in a
manner that encourages further data center innovation,
optimization, and consolidation.
``(2) Consideration.--In establishing the initiative under
paragraph (1), the Secretary shall consider using the online
Data Center Maturity Model.
``(h) International Specifications and Metrics.--The Secretary, in
collaboration with key stakeholders, shall actively participate in
efforts to harmonize global specifications and metrics for data center
energy and water efficiency.
``(i) Data Center Utilization Metric.--The Secretary, in
collaboration with key stakeholders, shall facilitate in the
development of an efficiency metric that measures the energy efficiency
of a data center (including equipment and facilities).
``(j) Protection of Proprietary Information.--The Secretary and the
Administrator shall not disclose any proprietary information or trade
secrets provided by any individual or company for the purposes of
carrying out this section or the programs and initiatives established
under this section.''.
TITLE IV--REGULATORY PROVISIONS
Subtitle A--Third-Party Certification Under Energy Star Program
SEC. 401. THIRD-PARTY CERTIFICATION UNDER ENERGY STAR PROGRAM.
Section 324A of the Energy Policy and Conservation Act (42 U.S.C.
6294a) is amended by adding at the end the following:
``(e) Third-Party Certification.--
``(1) In general.--Subject to paragraph (2), not later than
180 days after the date of enactment of this subsection, the
Administrator shall revise the certification requirements for
the labeling of consumer, home, and office electronic products
for program partners that have complied with all requirements
of the Energy Star program for a period of at least 18 months.
``(2) Administration.--In the case of a program partner
described in paragraph (1), the new requirements under
paragraph (1)--
``(A) shall not require third-party certification
for a product to be listed; but
``(B) may require that test data and other product
information be submitted to facilitate product listing
and performance verification for a sample of products.
``(3) Third parties.--Nothing in this subsection prevents
the Administrator from using third parties in the course of the
administration of the Energy Star program.
``(4) Termination.--
``(A) In general.--Subject to subparagraph (B), an
exemption from third-party certification provided to a
program partner under paragraph (1) shall terminate if
the program partner is found to have violated program
requirements with respect to at least 2 separate models
during a 2-year period.
``(B) Resumption.--A termination for a program
partner under subparagraph (A) shall cease if the
program partner complies with all Energy Star program
requirements for a period of at least 3 years.''.
Subtitle B--Federal Green Buildings
SEC. 411. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.
Section 436(h) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17092(h)) is amended--
(1) in the subsection heading, by striking ``System'' and
inserting ``Systems'';
(2) by striking paragraph (1) and inserting the following:
``(1) In general.--Based on an ongoing review, the Federal
Director shall identify and shall provide to the Secretary
pursuant to section 305(a)(3)(D) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(D)) a list of those
certification systems that the Director identifies as the most
likely to encourage a comprehensive and environmentally sound
approach to certification of green buildings.''; and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``system'' and inserting ``systems'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) an ongoing review provided to the Secretary
pursuant to section 305(a)(3)(D) of the Energy
Conservation and Production Act (42 U.S.C.
6834(a)(3)(D)), which shall--
``(i) be carried out by the Federal
Director to compare and evaluate standards; and
``(ii) allow any developer or administrator
of a rating system or certification system to
be included in the review;'';
(C) in subparagraph (E)(v), by striking ``and''
after the semicolon at the end;
(D) in subparagraph (F), by striking the period at
the end and inserting a semicolon; and
(E) by adding at the end the following:
``(G) a finding that, for all credits addressing
the sourcing of grown, harvested, or mined materials,
the system rewards the use of products that have
obtained certifications of responsible sourcing, such
as certifications provided by the Sustainable Forestry
Initiative, the Forest Stewardship Council, the
American Tree Farm System, or the Programme for the
Endorsement of Forest Certification; and
``(H) a finding that the system incorporates life-
cycle assessment as a credit pathway.''.
Subtitle C--Energy and Water Performance Requirements for Federal
Buildings
SEC. 421. ENERGY AND WATER PERFORMANCE REQUIREMENTS FOR FEDERAL
BUILDINGS.
(a) In General.--Section 543 of the National Energy Conservation
Policy Act (42 U.S.C. 8253) is amended--
(1) in the section heading, by inserting ``and water''
after ``energy'';
(2) by striking subsection (a) and inserting the following:
``(a) Energy and Water Performance Requirements for Federal
Buildings.--
``(1) Energy requirements.--Subject to paragraph (3), to
the maximum extent life cycle cost-effective (as defined in
subsection (f)(1)), each agency shall apply energy conservation
measures to, and shall improve the design for the construction
of, the Federal buildings of the agency (including each
industrial or laboratory facility) so that the energy
consumption per gross square foot of the Federal buildings of
the agency in fiscal years 2020 through 2027 is reduced, as
compared with the energy consumption per gross square foot of
the Federal buildings of the agency in fiscal year 2018, by the
percentage specified in the following table:
Percentage
``Fiscal Year Reduction
2020............................................... 2.5
2021............................................... 5
2022............................................... 7.5
2023............................................... 10
2024............................................... 12.5
2025............................................... 15
2026............................................... 17.5
2027............................................... 20.
``(2) Water requirements.--Subject to paragraph (3), the
head of each Federal agency shall, for each of fiscal years
2020 through 2030, improve water use efficiency and management,
including stormwater management, at facilities of the agency by
reducing agency potable water consumption intensity--
``(A) by 54 percent by fiscal year 2030, relative
to the water consumption of the agency in fiscal year
2007, through reductions of 2 percent each fiscal year
(as measured in gallons per gross square foot);
``(B) by reducing the industrial, landscaping, and
agricultural water consumption of the agency, as
compared to a baseline of that consumption by the
agency in fiscal year 2010, through reductions of 2
percent each fiscal year (as measured in gallons); and
``(C) by installing appropriate infrastructure
features on federally owned property to improve
stormwater and wastewater management.
``(3) Energy and water intensive building exclusion.--
``(A) In general.--An agency may exclude from the
requirements of paragraphs (1) and (2) any building
(including the associated energy consumption and gross
square footage of the building) in which energy and
water intensive activities are carried out.
``(B) Reports.--Each agency shall identify and
include in each report under section 548(a) each
building designated by the agency for exclusion under
subparagraph (A) during the period covered by the
report.
``(4) Recommendations.--Not later than December 31, 2026,
the Secretary shall--
``(A) review the results of the implementation of
the energy and water performance requirements
established under paragraph (1);
``(B) submit to Congress recommendations concerning
energy performance requirements for fiscal years 2028
through 2037; and
``(C) submit to Congress recommendations concerning
water performance requirements for fiscal years 2031
through 2040.'';
(3) in subsection (b)--
(A) in the subsection heading, by inserting ``and
Water'' after ``Energy'';
(B) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(C) by striking paragraph (1) and inserting the
following:
``(1) In general.--Each agency shall--
``(A) not later than October 1, 2019, to the
maximum extent practicable, begin installing in Federal
buildings owned by the United States all energy and
water conservation measures determined by the Secretary
to be life cycle cost-effective (as defined in
subsection (f)(1)); and
``(B) complete the installation described in
subparagraph (A) as soon as practicable after the date
referred to in that subparagraph.
``(2) Explanation of noncompliance.--
``(A) In general.--If an agency fails to comply
with paragraph (1), the agency shall submit to the
Secretary, using guidelines developed by the Secretary,
an explanation of the reasons for the failure.
``(B) Report to congress.--Not later than October
1, 2021, and every 2 years thereafter, the Secretary
shall submit to Congress a report that describes any
noncompliance by an agency with the requirements of
paragraph (1).'';
(4) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``An agency'' and inserting ``The head
of each agency''; and
(ii) by inserting ``or water'' after
``energy'' each place it appears; and
(B) in subparagraph (B)(i), by inserting ``or
water'' after ``energy'';
(5) in subsection (d)(2), by inserting ``and water'' after
``energy'';
(6) in subsection (e)--
(A) in the subsection heading, by inserting ``and
Water'' after ``Energy'';
(B) in paragraph (1)--
(i) in the first sentence--
(I) by striking ``October 1, 2012''
and inserting ``October 1, 2020'';
(II) by inserting ``and water''
after ``energy''; and
(III) by inserting ``and water''
after ``electricity'';
(ii) in the second sentence, by inserting
``and water'' after ``electricity''; and
(iii) in the fourth sentence, by inserting
``and water'' after ``energy'';
(C) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``and'' before
``Federal''; and
(II) by inserting ``and any other
person the Secretary deems necessary,''
before ``shall'';
(ii) in subparagraph (B)--
(I) in clause (i)(II), by inserting
``and water'' after ``energy'' each
place it appears;
(II) in clause (ii), by inserting
``and water'' after ``energy''; and
(III) in clause (iv), by inserting
``and water'' after ``energy''; and
(iii) by adding at the end the following:
``(C) Update.--Not later than 180 days after the
date of enactment of this subparagraph, the Secretary
shall update the guidelines established under
subparagraph (A) to take into account water efficiency
requirements under this section.'';
(D) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``established under
paragraph (2)'' and inserting ``updated under paragraph
(2)(C)''; and
(E) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``this paragraph''
and inserting ``the Energy Savings and
Industrial Competitiveness Act of
2019''; and
(II) by inserting ``and water''
before ``use in''; and
(ii) in subparagraph (B)(ii), in the matter
preceding clause (I), by inserting ``and
water'' after ``energy''; and
(7) in subsection (f)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (E),
(F), and (G) as subparagraphs (F), (G), and
(H), respectively; and
(ii) by inserting after subparagraph (D)
the following:
``(E) Ongoing commissioning.--The term `ongoing
commissioning' means an ongoing process of
commissioning using monitored data, the primary goal of
which is to ensure continuous optimum performance of a
facility, in accordance with design or operating needs,
over the useful life of the facility, while meeting
facility occupancy requirements.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
water'' before ``use'';
(ii) in subparagraph (B)--
(I) by striking ``energy'' before
``efficiency''; and
(II) by inserting ``or water''
before ``use''; and
(iii) by adding at the end the following:
``(C) Energy management system.--An energy manager
designated for a facility under subparagraph (A) shall
take into consideration--
``(i) the use of a system to manage energy
and water use at the facility; and
``(ii) the applicability of the
certification of the facility in accordance
with the International Organization for
Standardization standard numbered 50001 and
entitled `Energy Management Systems'.'';
(C) by striking paragraphs (3) and (4) and
inserting the following:
``(3) Energy and water evaluations and commissioning.--
``(A) Evaluations.--Except as provided in
subparagraph (B), not later than the date that is 180
days after the date of enactment of the Energy Savings
and Industrial Competitiveness Act of 2019, and
annually thereafter, each energy manager shall
complete, for the preceding calendar year, a
comprehensive energy and water evaluation and
recommissioning or retrocommissioning for approximately
25 percent of the facilities of the applicable agency
that meet the criteria under paragraph (2)(B) in a
manner that ensures that an evaluation of each facility
is completed not less frequently than once every 4
years.
``(B) Exceptions.--An evaluation and
recommissioning or retrocommissioning shall not be
required under subparagraph (A) with respect to a
facility that, as of the date on which the evaluation
and recommissioning or retrocommissioning would occur--
``(i) has had a comprehensive energy and
water evaluation during the preceding 8-year
period;
``(ii)(I) has been commissioned,
recommissioned, or retrocommissioned during the
preceding 10-year period; or
``(II) is under ongoing commissioning,
recommissioning, or retrocomissioning;
``(iii) has not had a major change in
function or use since the previous evaluation
and recommissioning or retrocommissioning;
``(iv) has been benchmarked with public
disclosure under paragraph (8) during the
preceding calendar year; and
``(v)(I) based on the benchmarking
described in clause (iv), has achieved at a
facility level the most recent cumulative
energy savings target under subsection (a)
compared to the earlier of--
``(aa) the date of the most recent
evaluation; or
``(bb) the date--
``(AA) of the most recent
commissioning, recommissioning,
or retrocommissioning; or
``(BB) on which ongoing
commissioning began; or
``(II) has a long-term contract in place
guaranteeing energy savings at least as great
as the energy savings target under subclause
(I).
``(4) Implementation of identified energy and water
efficiency measures.--Not later than 2 years after the date of
completion of each evaluation under paragraph (3), each energy
manager shall--
``(A) implement any energy- or water-saving measure
that the Federal agency identified in the evaluation
that is life cycle cost-effective; and
``(B) bundle individual measures of varying
paybacks together into combined projects.'';
(D) in paragraph (7)(B)(ii)(II), by inserting ``and
water'' after ``energy''; and
(E) in paragraph (9)(A), in the matter preceding
clause (i), by inserting ``and water'' after
``energy''.
(b) Conforming Amendment.--The table of contents for the National
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is
amended by striking the item relating to section 543 and inserting the
following:
``Sec. 543. Energy and water management requirements.''.
SEC. 422. FEDERAL ENERGY MANAGEMENT PROGRAM.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253) (as amended by section 301) is amended by adding at the
end the following:
``(hi) Federal Energy Management Program.--
``(1) In general.--The Secretary shall establish a program,
to be known as the `Federal Energy Management Program'
(referred to in this subsection as the `Program'), to
facilitate the implementation by the Federal Government of
cost-effective energy and water management and energy-related
investment practices--
``(A) to coordinate and strengthen Federal energy
and water resilience; and
``(B) to promote environmental stewardship.
``(2) Program activities.--
``(A) Strategic planning and technical
assistance.--Under the Program, the Federal Director
appointed under paragraph (3)(A) (referred to in this
subsection as the `Federal Director') shall--
``(i) provide technical assistance and
project implementation support and guidance to
Federal agencies to identify, implement,
procure, and track energy and water
conservation measures required under this Act
and under other provisions of law (including
regulations);
``(ii) in coordination with the
Administrator of the General Services
Administration, establish appropriate
procedures, methods, and best practices for use
by Federal agencies to select, monitor, and
terminate contracts entered into under section
546 with utilities;
``(iii) in coordination with the Federal
Acquisition Regulatory Council, establish
appropriate procedures, methods, and best
practices for use by Federal agencies to
select, monitor, and terminate contracts
entered into under section 801 with energy
service contractors and utilities;
``(iv) establish and maintain internet-
based information resources and project
tracking systems and tools for energy and water
management;
``(v) coordinate comprehensive and
strategic approaches to energy and water
resilience planning for Federal agencies; and
``(vi) establish a recognition program for
Federal achievement in energy and water
management, energy-related investment
practices, environmental stewardship, and other
relevant areas, through events such as
individual recognition award ceremonies and
public announcements.
``(B) Energy and water management and reporting.--
Under the Program, the Federal Director shall--
``(i) track and report on the progress of
Federal agencies in meeting the requirements of
the agency under this section;
``(ii) make publicly available annual
Federal agency performance data required
under--
``(I) this section and sections 544
through 548; and
``(II) section 203 of the Energy
Policy Act of 2005 (42 U.S.C. 15852);
``(iii)(I) collect energy and water use and
consumption data from each Federal agency; and
``(II) based on that data, submit to each
Federal agency a report that will facilitate
the energy and water management, energy-related
investment practices, and environmental
stewardship of the agency in support of Federal
goals under this Act and under other provisions
of law (including regulations);
``(iv)(I) establish new Federal building
energy efficiency standards; and
``(II) in consultation with the
Administrator of the General Services
Administration, acting through the head of the
Office of High-Performance Green Buildings,
establish and implement Federal building
sustainable design principles for Federal
facilities;
``(v) manage the implementation of Federal
building energy efficiency standards
established under section 305 of the Energy
Conservation and Production Act (42 U.S.C.
6834); and
``(vi) designate products that meet the
highest energy conservation standards for
categories not covered under the Energy Star
program established under section 324A of the
Energy Policy and Conservation Act (42 U.S.C.
6294a).
``(C) Federal policy coordination.--Under the
Program, the Federal Director shall--
``(i) develop and implement accredited
training consistent with existing Federal
programs and activities--
``(I) relating to energy and water
use, management, and resilience in
Federal buildings, energy-related
investment practices, and environmental
stewardship; and
``(II) that includes in-person
training, internet-based programs, and
national in-person training events;
``(ii) coordinate and facilitate energy and
water management, energy-related investment
practices, and environmental stewardship
through the Interagency Energy Management Task
Force established under section 547; and
``(iii) report on the implementation of the
priorities of the President, including
Executive orders, relating to energy and water
use in Federal buildings, in coordination
with--
``(I) the Office of Management and
Budget;
``(II) the Council on Environmental
Quality; and
``(III) any other entity, as
considered necessary by the Federal
Director.
``(D) Facility and fleet optimization.--Under the
Program, the Federal Director shall develop guidance,
supply assistance to, and track the progress of Federal
agencies--
``(i) in conducting portfolio-wide facility
energy and water resilience planning and
project integration;
``(ii) in building new construction and
major renovations to meet the sustainable
design and energy and water performance
standards required under this section;
``(iii) in developing guidelines for--
``(I) building commissioning; and
``(II) facility operations and
maintenance; and
``(iv) in coordination with the
Administrator of the General Services
Administration, in meeting statutory and agency
goals for Federal fleet vehicles.
``(3) Federal director.--
``(A) Appointment.--The Secretary shall appoint an
individual to serve as Federal Director of the Program,
which shall be a career position in the Senior
Executive service, to manage the Program and carry out
the activities of the Program described in paragraph
(2).
``(B) Duties.--The Federal Director shall--
``(i) oversee, manage, and administer the
Program;
``(ii) provide leadership in energy and
water management, energy-related investment
practices, and environmental stewardship
through coordination with Federal agencies and
other appropriate entities; and
``(iii) establish a management council to
advise the Federal Director that shall--
``(I) convene not less frequently
than once every quarter; and
``(II) consist of representatives
from--
``(aa) the Council on
Environmental Quality;
``(bb) the Office of
Management and Budget; and
``(cc) the Office of
Federal High-Performance Green
Buildings in the General
Services Administration.
``(4) Savings clause.--Nothing in this subsection impedes,
supersedes, or alters the authority of the Secretary to carry
out the remainder of this section or section 305 of the Energy
Conservation and Production Act (42 U.S.C. 6834).
``(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $36,000,000 for each of fiscal years 2020 through
2030.''.
SEC. 423. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS;
CERTIFICATION SYSTEM AND LEVEL FOR GREEN BUILDINGS.
<DELETED> (a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended--</DELETED>
<DELETED> (1) in each of paragraphs (1) through (16), by
inserting a paragraph heading, the text of which is comprised
of the term defined in that paragraph;</DELETED>
<DELETED> (2) by redesignating paragraphs (2) through (16)
as paragraphs (3), (4), (6), (7), (8), (10), (12), (13), (14),
(15), (16), (9), (17), (5), and (2), respectively, and moving
the paragraphs so as to appear in numerical order;
and</DELETED>
<DELETED> (3) by inserting after paragraph (10) (as so
redesignated) the following:</DELETED>
<DELETED> ``(11) Major renovation.--The term `major
renovation' means a modification of the energy systems of a
building that is sufficiently extensive to ensure that the
entire building can achieve compliance with applicable energy
standards for new buildings, as established by the
Secretary.''.</DELETED>
(a) Definitions.--Section 303 of the Energy Conservation and
Production Act (42 U.S.C. 6832) (as amended by section 101(a)) is
amended--
(1) in each of paragraphs (1) through (13), (15), and (16),
by inserting a paragraph heading, the text of which is
comprised of the term defined in that paragraph;
(2) by redesignating paragraphs (2) through (13) and (15)
through (18) as paragraphs (3), (4), (6), (7), (8), (10), (15),
(16), (17), (18), (19), (9), (5), (2), (11), and (12),
respectively, and moving the paragraphs so as to appear in
numerical order; and
(3) by inserting after paragraph (12) (as so redesignated)
the following:
``(13) Major renovation.--The term `major renovation' means
a modification of the energy systems of a building that is
sufficiently extensive to ensure that the entire building can
achieve compliance with applicable energy standards for new
buildings, as established by the Secretary.''.
(b) Federal Building Efficiency Standards.--Section 305 of the
Energy Conservation and Production Act (42 U.S.C. 6834) is amended--
(1) in subsection (a)(3)--
(A) by striking ``(3)(A) Not later than'' and all
that follows through subparagraph (B) and inserting the
following:
``(3) Revised federal building energy efficiency
performance standards; certification for green buildings.--
``(A) Revised federal building energy efficiency
performance standards.--
``(i) In general.--Not later than 1 year
after the date of enactment of the Energy
Savings and Industrial Competitiveness Act of
2019, the Secretary shall establish, by
regulation, revised Federal building energy
efficiency performance standards that require
that--
``(I) subject to clause (ii), new
Federal buildings and Federal buildings
with major renovations--
``(aa) meet or exceed the
most recently published version
of the International Energy
Conservation Code (in the case
of residential buildings) or
ASHRAE Standard 90.1 (in the
case of commercial buildings)
as of the date of enactment of
the Energy Savings and
Industrial Competitiveness Act
of 2019; and
``(bb) meet or exceed the
energy provisions of the State
and local building codes
applicable to the building if
the codes are more stringent
than the most recently
published version of the
International Energy
Conservation Code or ASHRAE
Standard 90.1 as of the date of
enactment of the Energy Savings
and Industrial Competitiveness
Act of 2019, as applicable;
``(II) unless demonstrated not to
be life cycle cost-effective for new
Federal buildings and Federal buildings
with major renovations--
``(aa) the buildings shall
be designed to achieve energy
consumption levels that are not
less than 30 percent below the
levels established in the most
recently published version of
the International Energy
Conservation Code or the ASHRAE
Standard, as of the date of
enactment of the Energy Savings
and Industrial Competitiveness
Act of 2019, as appropriate;
and
``(bb) sustainable design
principles are applied to the
location, siting, design, and
construction of all new Federal
buildings and replacement
Federal buildings;
``(III) if water is used to achieve
energy efficiency, water conservation
technologies shall be applied to the
extent that the technologies are life-
cycle cost effective; and
``(IV) if life-cycle cost
effective, as compared to other
reasonably available technologies, not
less than 30 percent of the hot water
demand for each new Federal building or
Federal building undergoing a major
renovation be met through the
installation and use of solar hot water
heaters.
``(ii) Exception.--Clause (i)(I) shall not
apply to the unaltered portions of Federal
buildings and systems that have undergone major
renovations.
``(B) Updates.--Not later than 1 year after the
date of approval of each subsequent revision of the
ASHRAE Standard or the International Energy
Conservation Code, as appropriate, the Secretary shall
determine whether the revised standards established
under subclauses (I) and (II) of subparagraph (A)(i)
should be updated to reflect the revisions, based on
the energy savings and life cycle cost-effectiveness of
the revisions.'';
(B) in subparagraph (C), by striking ``(C) In the
budget request'' and inserting the following:
``(C) Budget request.--In the budget request''; and
(C) by striking subparagraph (D) and inserting the
following:
``(D) Certification for green buildings.--
``(i) Sustainable design principles.--
Sustainable design principles shall be applied
to the siting, design, and construction of
buildings covered by this subparagraph.
``(ii) Selection of certification
systems.--The Secretary, after reviewing the
findings of the Federal Director under section
436(h) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17092(h)), in
consultation with the Administrator of General
Services, and in consultation with the
Secretary of Defense relating to those
facilities under the custody and control of the
Department of Defense, shall determine those
certification systems for green commercial and
residential buildings that the Secretary
determines to be the most likely to encourage a
comprehensive and environmentally sound
approach to certification of green buildings.
``(iii) Basis for selection.--The
determination of the certification systems
under clause (ii) shall be based on ongoing
review of the findings of the Federal Director
under section 436(h) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17092(h))
and the criteria described in clause (v).
``(iv) Administration.--In determining
certification systems under this subparagraph,
the Secretary shall--
``(I) make a separate determination
for all or part of each system; and
``(II) confirm that the criteria
used to support the selection of
building products, materials, brands,
and technologies--
``(aa) are based on
relevant technical data;
``(bb) use and reward
evaluation of health, safety,
and environmental risks and
impacts across the lifecycle of
the building product, material,
brand, or technology, including
methodologies generally
accepted by the applicable
scientific disciplines;
``(cc) as practicable, give
preference to performance
standards instead of
prescriptive measures; and
``(dd) reward continual
improvements in the lifecycle
management of health, safety,
and environmental risks and
impacts.
``(v) Considerations.--In determining the
green building certification systems under this
subparagraph, the Secretary shall take into
consideration--
``(I) the ability and availability
of assessors and auditors to
independently verify the criteria and
measurement of metrics at the scale
necessary to implement this
subparagraph;
``(II) the ability of the
applicable certification organization
to collect and reflect public comment;
``(III) the ability of the standard
to be developed and revised through a
consensus-based process;
``(IV) an evaluation of the
robustness of the criteria for a high-
performance green building, which shall
give credit for promoting--
``(aa) efficient and
sustainable use of water,
energy, and other natural
resources;
``(bb) use of renewable
energy sources;
``(cc) improved indoor
environmental quality through
enhanced indoor air quality,
thermal comfort, acoustics, day
lighting, pollutant source
control, and use of low-
emission materials and building
system controls;
``(dd)(AA) the sourcing of
grown, harvested, or mined
materials; and
``(BB) certifications of
responsible sourcing, such as
certifications provided by the
Forest Stewardship Council, the
Sustainable Forestry
Initiative, the American Tree
Farm System, or the Programme
for the Endorsement of Forest
Certification; and
``(ee) such other criteria
as the Secretary determines to
be appropriate; and
``(V) national recognition within
the building industry.
``(vi) Review.--The Secretary, in
consultation with the Administrator of General
Services and the Secretary of Defense, shall
conduct an ongoing review to evaluate and
compare private sector green building
certification systems, taking into account--
``(I) the criteria described in
clause (v); and
``(II) the identification made by
the Federal Director under section
436(h) of the Energy Independence and
Security Act of 2007 (42 U.S.C.
17092(h)).
``(vii) Exclusions.--
``(I) In general.--Subject to
subclause (II), if a certification
system fails to meet the review
requirements of clause (v), the
Secretary shall--
``(aa) identify the
portions of the system, whether
prerequisites, credits, points,
or otherwise, that meet the
review criteria of clause (v);
``(bb) determine the
portions of the system that are
suitable for use; and
``(cc) exclude all other
portions of the system from
identification and use.
``(II) Entire systems.--The
Secretary shall exclude an entire
system from use if an exclusion under
subclause (I)--
``(aa) impedes the
integrated use of the system;
``(bb) creates disparate
review criteria or unequal
point access for competing
materials; or
``(cc) increases agency
costs of the use.
``(viii) Internal certification
processes.--The Secretary may by rule allow
Federal agencies to develop internal
certification processes, using certified
professionals, in lieu of certification by
certification entities identified under clause
(ii).
``(ix) Privatized military housing.--With
respect to privatized military housing, the
Secretary of Defense, after consultation with
the Secretary may, through rulemaking, develop
alternative certification systems and levels
than the systems and levels identified under
clause (ii) that achieve an equivalent result
in terms of energy savings, sustainable design,
and green building performance.
``(x) Water conservation technologies.--In
addition to any use of water conservation
technologies otherwise required by this
section, water conservation technologies shall
be applied to the extent that the technologies
are life-cycle cost-effective.
``(xi) Effective date.--
``(I) Determinations made after
december 31, 2019.--The amendments made
by section 422(b)(1)(C) of the Energy
Savings and Industrial Competitiveness
Act of 2019 shall apply to any
determination made by a Federal agency
after December 31, 2019.
``(II) Determinations made on or
before december 31, 2019.--This
subparagraph (as in effect on the day
before the date of enactment of the
Energy Savings and Industrial
Competitiveness Act of 2019) shall
apply to any use of a certification
system for green commercial and
residential buildings by a Federal
agency on or before December 31,
2019.''; and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Periodic Review.--The Secretary shall--
``(1) once every 5 years, review the Federal building
energy standards established under this section; and
``(2) on completion of a review under paragraph (1), if the
Secretary determines that significant energy savings would
result, upgrade the standards to include all new energy
efficiency and renewable energy measures that are
technologically feasible and economically justified.''.
(c) Federal Compliance.--Section 306 of the Energy Conservation and
Production Act (42 U.S.C. 6835) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(1) The head'' and
inserting the following:
``(1) In general.--The head''; and
(ii) by striking ``assure that new Federal
buildings'' and inserting ``ensure that new
Federal buildings and Federal buildings with
major renovations''; and
(B) in paragraph (2)--
(i) by striking the second sentence and
inserting the following:
``(B) Procedures.--The Architect of the Capitol
shall adopt procedures necessary to ensure that the
buildings referred to in subparagraph (A) meet or
exceed the standards described in that subparagraph.'';
and
(ii) in the first sentence--
(I) by inserting ``and Federal
buildings with major renovations''
after ``new buildings''; and
(II) by striking ``(2) The
Federal'' and inserting the following:
``(2) Applicability.--
``(A) In general.--The Federal''; and
(2) in subsection (b)--
(A) by striking the subsection heading and
inserting ``Expenditures''; and
(B) by inserting ``or a Federal building with major
renovations'' after ``new Federal building''.
SEC. 424. ENHANCED ENERGY EFFICIENCY UNDERWRITING.
(a) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency''--
(A) means--
(i) an executive agency, as that term is
defined in section 102 of title 31, United
States Code; and
(ii) any other agency of the Federal
Government; and
(B) includes any enterprise, as that term is
defined under section 1303 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992
(12 U.S.C. 4502).
(2) Covered loan.--The term ``covered loan'' means a loan
secured by a home that is issued, insured, purchased, or
securitized by a covered agency.
(3) Homeowner.--The term ``homeowner'' means the mortgagor
under a covered loan.
(4) Mortgagee.--The term ``mortgagee'' means--
(A) an original lender under a covered loan or the
holder of a covered loan at the time at which that
mortgage transaction is consummated;
(B) any affiliate, agent, subsidiary, successor, or
assignee of an original lender under a covered loan or
the holder of a covered loan at the time at which that
mortgage transaction is consummated;
(C) any servicer of a covered loan; and
(D) any subsequent purchaser, trustee, or
transferee of any covered loan issued by an original
lender.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(6) Servicer.--The term ``servicer'' means the person or
entity responsible for the servicing of a covered loan,
including the person or entity who makes or holds a covered
loan if that person or entity also services the covered loan.
(7) Servicing.--The term ``servicing'' has the meaning
given the term in section 6(i) of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2605(i)).
(b) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) energy costs for homeowners are a significant
and increasing portion of their household budgets;
(B) household energy use can vary substantially
depending on the efficiency and characteristics of the
house;
(C) expected energy cost savings are important to
the value of the house;
(D) the current test for loan affordability used by
most covered agencies, commonly known as the ``debt-to-
income'' test, is inadequate because it does not take
into account the expected energy cost savings for the
homeowner of an energy efficient home; and
(E) another loan limitation, commonly known as the
``loan-to-value'' test, is tied to the appraisal, which
often does not adjust for efficiency features of
houses.
(2) Purposes.--The purposes of this section are to--
(A) improve the accuracy of mortgage underwriting
by Federal mortgage agencies by ensuring that energy
cost savings are included in the underwriting process
as described below, and thus to reduce the amount of
energy consumed by homes and to facilitate the creation
of energy efficiency retrofit and construction jobs;
(B) require a covered agency to include the
expected energy cost savings of a homeowner as a
regular expense in the tests, such as the debt-to-
income test, used to determine the ability of the loan
applicant to afford the cost of homeownership for all
loan programs; and
(C) require a covered agency to include the value
home buyers place on the energy efficiency of a house
in tests used to compare the mortgage amount to home
value, taking precautions to avoid double-counting and
to support safe and sound lending.
(c) Enhanced Energy Efficiency Underwriting Criteria.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall, in consultation
with the advisory group established in subsection (f)(2),
develop and issue guidelines for a covered agency to implement
enhanced loan eligibility requirements, for use when testing
the ability of a loan applicant to repay a covered loan, that
account for the expected energy cost savings for a loan
applicant at a subject property, in the manner set forth in
paragraphs (2) and (3).
(2) Requirements to account for energy cost savings.--
(A) In general.--The enhanced loan eligibility
requirements under paragraph (1) shall require that,
for all covered loans for which an energy efficiency
report is voluntarily provided to the mortgagee by the
mortgagor, the covered agency and the mortgagee shall
take into consideration the estimated energy cost
savings expected for the owner of the subject property
in determining whether the loan applicant has
sufficient income to service the mortgage debt plus
other regular expenses.
(B) Expenses as offsets.--To the extent that a
covered agency uses a test such as a debt-to-income
test that includes certain regular expenses, such as
hazard insurance and property taxes, the expected
energy cost savings shall be included as an offset to
these expenses.
(C) Assessed energy costs.--Energy costs to be
assessed include the cost of electricity, natural gas,
oil, and any other fuel regularly used to supply energy
to the subject property.
(3) Determination of estimated energy cost savings.--
(A) In general.--The guidelines to be issued under
paragraph (1) shall include instructions for the
covered agency to calculate estimated energy cost
savings using--
(i) the energy efficiency report;
(ii) an estimate of baseline average energy
costs; and
(iii) additional sources of information as
determined by the Secretary.
(B) Report requirements.--For the purposes of
subparagraph (A), an energy efficiency report shall--
(i) estimate the expected energy cost
savings specific to the subject property, based
on specific information about the property;
(ii) be prepared in accordance with the
guidelines to be issued under paragraph (1);
and
(iii) be prepared--
(I) in accordance with the
Residential Energy Service Network's
Home Energy Rating System (commonly
known as ``HERS'') by an individual
certified by the Residential Energy
Service Network, unless the Secretary
finds that the use of HERS does not
further the purposes of this section;
or
(II) by other methods approved by
the Secretary, in consultation with the
Secretary of Energy and the advisory
group established in subsection (f)(2),
for use under this section, which shall
include a third-party quality assurance
procedure.
(C) Use by appraiser.--If an energy efficiency
report is used under paragraph (2), the energy
efficiency report shall be provided to the appraiser to
estimate the energy efficiency of the subject property
and for potential adjustments for energy efficiency.
(4) Required disclosure to consumer for a home with an
energy efficiency report.--If an energy efficiency report is
used under paragraph (2), the guidelines to be issued under
paragraph (1) shall require the mortgagee to--
(A) inform the loan applicant of the expected
energy costs as estimated in the energy efficiency
report, in a manner and at a time as prescribed by the
Secretary, and if practicable, in the documents
delivered at the time of loan application; and
(B) include the energy efficiency report in the
documentation for the loan provided to the borrower.
(5) Required disclosure to consumer for a home without an
energy efficiency report.--If an energy efficiency report is
not used under paragraph (2), the guidelines to be issued under
paragraph (1) shall require the mortgagee to inform the loan
applicant in a manner and at a time as prescribed by the
Secretary, and if practicable, in the documents delivered at
the time of loan application of--
(A) typical energy cost savings that would be
possible from a cost-effective energy upgrade of a home
of the size and in the region of the subject property;
(B) the impact the typical energy cost savings
would have on monthly ownership costs of a typical
home;
(C) the impact on the size of a mortgage that could
be obtained if the typical energy cost savings were
reflected in an energy efficiency report; and
(D) resources for improving the energy efficiency
of a home.
(6) Pricing of loans.--
(A) In general.--A covered agency may price covered
loans originated under the enhanced loan eligibility
requirements required under this section in accordance
with the estimated risk of the loans.
(B) Imposition of certain material costs,
impediments, or penalties.--In the absence of a
publicly disclosed analysis that demonstrates
significant additional default risk or prepayment risk
associated with the loans, a covered agency shall not
impose material costs, impediments, or penalties on
covered loans merely because the loan uses an energy
efficiency report or the enhanced loan eligibility
requirements required under this section.
(7) Limitations.--
(A) In general.--A covered agency may price covered
loans originated under the enhanced loan eligibility
requirements required under this section in accordance
with the estimated risk of those loans.
(B) Prohibited actions.--A covered agency shall
not--
(i) modify existing underwriting criteria
or adopt new underwriting criteria that
intentionally negate or reduce the impact of
the requirements or resulting benefits that are
set forth or otherwise derived from the
enhanced loan eligibility requirements required
under this subsection; or
(ii) impose greater buy back requirements,
credit overlays, or insurance requirements,
including private mortgage insurance, on
covered loans merely because the loan uses an
energy efficiency report or the enhanced loan
eligibility requirements required under this
subsection.
(8) Applicability and implementation date.--Not later than
3 years after the date of enactment of this Act, and before
December 31, 2023, the enhanced loan eligibility requirements
required under this subsection shall be implemented by each
covered agency to--
(A) apply to any covered loan for the sale, or
refinancing of any loan for the sale, of any home;
(B) be available on any residential real property
(including individual units of condominiums and
cooperatives) that qualifies for a covered loan; and
(C) provide prospective mortgagees with sufficient
guidance and applicable tools to implement the required
underwriting methods.
(d) Enhanced Energy Efficiency Underwriting Valuation Guidelines.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) in consultation with the Federal Financial
Institutions Examination Council and the advisory group
established in subsection (f)(2), develop and issue
guidelines for a covered agency to determine the
maximum permitted loan amount based on the value of the
property for all covered loans made on properties with
an energy efficiency report that meets the requirements
of subsection (c)(3)(B); and
(B) in consultation with the Secretary of Energy,
issue guidelines for a covered agency to determine the
estimated energy savings under paragraph (3) for
properties with an energy efficiency report.
(2) Requirements.--The enhanced energy efficiency
underwriting valuation guidelines required under paragraph (1)
shall include--
(A) a requirement that if an energy efficiency
report that meets the requirements of subsection
(c)(3)(B) is voluntarily provided to the mortgagee,
such report shall be used by the mortgagee or covered
agency to determine the estimated energy savings of the
subject property; and
(B) a requirement that the estimated energy savings
of the subject property be added to the appraised value
of the subject property by a mortgagee or covered
agency for the purpose of determining the loan-to-value
ratio of the subject property, unless the appraisal
includes the value of the overall energy efficiency of
the subject property, using methods to be established
under the guidelines issued under paragraph (1).
(3) Determination of estimated energy savings.--
(A) Amount of energy savings.--The amount of
estimated energy savings shall be determined by
calculating the difference between the estimated energy
costs for the average comparable houses, as determined
in guidelines to be issued under paragraph (1), and the
estimated energy costs for the subject property based
upon the energy efficiency report.
(B) Duration of energy savings.--The duration of
the estimated energy savings shall be based upon the
estimated life of the applicable equipment, consistent
with the rating system used to produce the energy
efficiency report.
(C) Present value of energy savings.--The present
value of the future savings shall be discounted using
the average interest rate on conventional 30-year
mortgages, in the manner directed by guidelines issued
under paragraph (1).
(4) Ensuring consideration of energy efficient features.--
Section 1110 of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 3339) is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by inserting after paragraph (3) the following:
``(4) that State certified and licensed appraisers have
timely access, whenever practicable, to information from the
property owner and the lender that may be relevant in
developing an opinion of value regarding the energy- and water-
saving improvements or features of a property, such as--
``(A) labels or ratings of buildings;
``(B) installed appliances, measures, systems or
technologies;
``(C) blueprints;
``(D) construction costs;
``(E) financial or other incentives regarding
energy- and water-efficient components and systems
installed in a property;
``(F) utility bills;
``(G) energy consumption and benchmarking data; and
``(H) third-party verifications or representations
of energy and water efficiency performance of a
property, observing all financial privacy requirements
adhered to by certified and licensed appraisers,
including section 501 of the Gramm-Leach-Bliley Act (15
U.S.C. 6801).
Unless a property owner consents to a lender, an appraiser, in
carrying out the requirements of paragraph (4), shall not have
access to the commercial or financial information of the owner
that is privileged or confidential.''.
(5) Transactions requiring state certified appraisers.--
Section 1113 of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 3342) is amended--
(A) in paragraph (1), by inserting before the
semicolon the following: ``, or any real property on
which the appraiser makes adjustments using an energy
efficiency report''; and
(B) in paragraph (2), by inserting after
``atypical'' the following: ``, or an appraisal on
which the appraiser makes adjustments using an energy
efficiency report.''.
(6) Protections.--
(A) Authority to impose limitations.--The
guidelines to be issued under paragraph (1) shall
include such limitations and conditions as determined
by the Secretary to be necessary to protect against
meaningful under or over valuation of energy cost
savings or duplicative counting of energy efficiency
features or energy cost savings in the valuation of any
subject property that is used to determine a loan
amount.
(B) Additional authority.--At the end of the 7-year
period following the implementation of enhanced
eligibility and underwriting valuation requirements
under this section, the Secretary may modify or apply
additional exceptions to the approach described in
paragraph (2), where the Secretary finds that the
unadjusted appraisal will reflect an accurate market
value of the efficiency of the subject property or that
a modified approach will better reflect an accurate
market value.
(7) Applicability and implementation date.--Not later than
3 years after the date of enactment of this Act, and before
December 31, 2023, each covered agency shall implement the
guidelines required under this subsection, which shall--
(A) apply to any covered loan for the sale, or
refinancing of any loan for the sale, of any home; and
(B) be available on any residential real property,
including individual units of condominiums and
cooperatives, that qualifies for a covered loan.
(e) Monitoring.--Not later than 1 year after the date on which the
enhanced eligibility and underwriting valuation requirements are
implemented under this section, and every year thereafter, each covered
agency with relevant activity shall issue and make available to the
public a report that--
(1) enumerates the number of covered loans of the agency
for which there was an energy efficiency report, and that used
energy efficiency appraisal guidelines and enhanced loan
eligibility requirements;
(2) includes the default rates and rates of foreclosures
for each category of loans; and
(3) describes the risk premium, if any, that the agency has
priced into covered loans for which there was an energy
efficiency report.
(f) Rulemaking.--
(1) In general.--The Secretary shall prescribe regulations
to carry out this section, in consultation with the Secretary
of Energy and the advisory group established in paragraph (2),
which may contain such classifications, differentiations, or
other provisions, and may provide for such proper
implementation and appropriate treatment of different types of
transactions, as the Secretary determines are necessary or
proper to effectuate the purposes of this section, to prevent
circumvention or evasion thereof, or to facilitate compliance
therewith.
(2) Advisory group.--To assist in carrying out this
section, the Secretary shall establish an advisory group,
consisting of individuals representing the interests of--
(A) mortgage lenders;
(B) appraisers;
(C) energy raters and residential energy
consumption experts;
(D) energy efficiency organizations;
(E) real estate agents;
(F) home builders and remodelers;
(G) State energy officials; and
(H) others as determined by the Secretary.
(g) Additional Study.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall reconvene the
advisory group established in subsection (f)(2), in addition to
water and locational efficiency experts, to advise the
Secretary on the implementation of the enhanced energy
efficiency underwriting criteria established in subsections (c)
and (d).
(2) Recommendations.--
(A) In general.--The advisory group established in
subsection (f)(2) shall provide recommendations to the
Secretary on any revisions or additions to the enhanced
energy efficiency underwriting criteria deemed
necessary by the group, which may include alternate
methods to better account for home energy costs and
additional factors to account for substantial and
regular costs of homeownership such as location-based
transportation costs and water costs.
(B) Legislative recommendations.--The Secretary
shall forward any legislative recommendations from the
advisory group to Congress for consideration.
TITLE V--MISCELLANEOUS
SEC. 501. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 502. ADVANCE APPROPRIATIONS REQUIRED.
The authorization of amounts under this Act and the amendments made
by this Act shall be effective for any fiscal year only to the extent
and in the amount provided in advance in appropriations Acts.
Calendar No. 263
116th CONGRESS
1st Session
S. 2137
[Report No. 116-143]
_______________________________________________________________________
A BILL
To promote energy savings in residential buildings and industry, and
for other purposes.
_______________________________________________________________________
October 23, 2019
Reported with amendments
Energy Savings and Industrial Competitiveness Act of 2019
#2137 | S Congress #116
Policy Area: Energy
Subjects: Administrative law and regulatory proceduresAdvisory bodiesAir qualityAlternative and renewable resourcesArchitectureBuilding constructionClimate change and greenhouse gasesComputers and information technologyCongressional oversightDepartment of EnergyEducational facilities and institutionsElementary and secondary educationEmployment and training programsEnergy efficiency and conservationEnergy pricesEnvironmental technologyExecutive agency funding and structureFederal officialsGovernment buildings, facilities, and property
Last Action: Placed on Senate Legislative Calendar under General Orders. Calendar No. 263. (10/23/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text