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ciency, identify and develop alternative renewable and dis-
1
tributed energy supplies, and increase energy conservation
2
in low income rural and urban communities.
3
(b) P
URPOSE OF
G
RANTS
.—The Secretary may make
4
grants on a competitive basis for—
5
(1) investments that develop alternative renew-
6
able and distributed energy supplies;
7
(2) energy efficiency projects and energy con-
8
servation programs;
9
(3) studies and other activities that improve en-
10
ergy efficiency in low income rural and urban com-
11
munities;
12
(4) planning and development assistance for in-
13
creasing the energy efficiency of buildings and facili-
14
ties; and
15
(5) technical and financial assistance to local
16
government and private entities on developing new
17
renewable and distributed sources of power or com-
18
bined heat and power generation.
19
(c) D
EFINITION
.—For purposes of this section, the
20
term ‘‘Indian tribe’’ means any Indian tribe, band, nation,
21
or other organized group or community, including any
22
Alaskan Native village or regional or village corporation
23
as defined in or established pursuant to the Alaska Native
24
Claims Settlement Act (43 U.S.C. 1601 et seq.), which is
25
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recognized as eligible for the special programs and services
1
provided by the United States to Indians because of their
2
status as Indians.
3
(d) A
UTHORIZATION OF
A
PPROPRIATIONS
.—For the
4
purposes of this section there are authorized to be appro-
5
priated to the Secretary of Energy an amount not to exceed
6
$20,000,000 for fiscal year 2003 and each fiscal year there-
7
after through fiscal year 2005.
8
SEC. 905. ENERGY EFFICIENT APPLIANCE REBATE PRO-
9
GRAMS.
10
(a) D
EFINITIONS
.—In this section:
11
(1) E
LIGIBLE STATE
.—The term ‘‘eligible State’’
12
means a State that meets the requirements of sub-
13
section (b).
14
(2) E
NERGY STAR PROGRAM
.—The term ‘‘Energy
15
Star program’’ means the program established by sec-
16
tion 324A of the Energy Policy and Conservation Act.
17
(3) R
ESIDENTIAL ENERGY STAR PRODUCT
.—The
18
term ‘‘residential Energy Star product’’ means a
19
product for a residence that is rated for energy effi-
20
ciency under the Energy Star program.
21
(4) S
TATE ENERGY OFFICE
.—The term ‘‘State
22
energy office’’ means the State agency responsible for
23
developing State energy conservation plans under sec-
24
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tion 362 of the Energy Policy and Conservation Act
1
(42 U.S.C. 6322).
2
(5) S
TATE
PROGRAM
.—The term ‘‘State pro-
3
gram’’ means a State energy efficient appliance re-
4
bate program described in subsection (b)(1).
5
(b) E
LIGIBLE
S
TATES
.—A State shall be eligible to re-
6
ceive an allocation under subsection (c) if the State—
7
(1) establishes (or has established) a State energy
8
efficient appliance rebate program to provide rebates
9
to residential consumers for the purchase of residen-
10
tial Energy Star products to replace used appliances
11
of the same type;
12
(2) submits an application for the allocation at
13
such time, in such form, and containing such infor-
14
mation as the Secretary may require; and
15
(3) provides assurances satisfactory to the Sec-
16
retary that the State will use the allocation to supple-
17
ment, but not supplant, funds made available to
18
carry out the State program.
19
(c) A
MOUNT OF
A
LLOCATIONS
.—
20
(1) I
N GENERAL
.—Subject to paragraph (2), for
21
each fiscal year, the Secretary shall allocate to the
22
State energy office of each eligible State to carry out
23
subsection (d) an amount equal to the product ob-
24
tained by multiplying the amount made available
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under subsection (e) for the fiscal year by the ratio
1
that the population of the State in the most recent
2
calendar year for which data are available bears to
3
the total population of all eligible States in that cal-
4
endar year.
5
(2) M
INIMUM
ALLOCATIONS
.—For each fiscal
6
year, the amounts allocated under this subsection
7
shall be adjusted proportionately so that no eligible
8
State is allocated a sum that is less than an amount
9
determined by the Secretary.
10
(d) U
SE OF
A
LLOCATED
F
UNDS
.—The allocation to a
11
State energy office under subsection (c) may be used to pay
12
up to 50 percent of the cost of establishing and carrying
13
out a State program.
14
(e) I
SSUANCE OF
R
EBATES
.—Rebates may be provided
15
to residential consumers that meet the requirements of the
16
State program. The amount of a rebate shall be determined
17
by the State energy office, taking into consideration—
18
(1) the amount of the allocation to the State en-
19
ergy office under subsection (c);
20
(2) the amount of any Federal or State tax in-
21
centive available for the purchase of the residential
22
Energy Star product; and
23
(3) the difference between the cost of the residen-
24
tial Energy Star product and the cost of an appliance
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that is not a residential Energy Star product, but is
1
of the same type as, and is the nearest capacity, per-
2
formance, and other relevant characteristics (as deter-
3
mined by the State energy office) to the residential
4
Energy Star product.
5
(f) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There are
6
authorized to be appropriated to carry out this section such
7
sums as are necessary for fiscal year 2003 through fiscal
8
year 2012.
9
Subtitle B—Federal Energy
10
Efficiency
11
SEC. 911. ENERGY MANAGEMENT REQUIREMENTS.
12
(a) E
NERGY
R
EDUCTION
G
OALS
.—Section 543(a)(1) of
13
the National Energy Conservation Policy Act (42 U.S.C.
14
8253(a)(1)) is amended to read as follows:
15
‘‘(1) Subject to paragraph (2), each agency shall
16
apply energy conservation measures to, and shall im-
17
prove the design for the construction of, the Federal
18
buildings of the agency (including each industrial or
19
laboratory facility) so that the energy consumption
20
per gross square foot of the Federal buildings of the
21
agency in fiscal years 2002 through 2011 is reduced,
22
as compared with the energy consumption per gross
23
square foot of the Federal buildings of the agency in
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fiscal year 2000, by the percentage specified in the
1
following table:
2
‘‘Fiscal Year
Percentage reduction
2002 ............................................................................................
2
2003 ............................................................................................
4
2004 ............................................................................................
6
2005 ............................................................................................
8
2006 ............................................................................................
10
2007 ............................................................................................
12
2008 ............................................................................................
14
2009 ............................................................................................
16
2010 ............................................................................................
18
2011 ............................................................................................
20.’’.
(b) R
EVIEW AND
R
EVISION OF
E
NERGY
P
ERFORMANCE
3
R
EQUIREMENT
.—Section 543(a) of the National Energy
4
Conservation Policy Act (42 U.S.C. 8253(a)) is further
5
amended by adding at the end the following:
6
‘‘(3) Not later than December 31, 2010, the Sec-
7
retary shall review the results of the implementation
8
of the energy performance requirement established
9
under paragraph (1) and submit to Congress rec-
10
ommendations concerning energy performance re-
11
quirements for calendar years 2012 through 2021.’’.
12
(c) E
XCLUSIONS
.—Section 543(c)(1) of the National
13
Energy Conservation Policy Act (42 U.S.C. 8253(c)(1)) is
14
amended to read as follows:
15
‘‘(1)(A) An agency may exclude, from the energy
16
performance requirement for a calendar year estab-
17
lished under subsection (a) and the energy manage-
18
ment requirement established under subsection (b),
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any Federal building or collection of Federal build-
1
ings, if the head of the agency finds that—
2
‘‘(i) compliance with those requirements
3
would be impracticable;
4
‘‘(ii) the agency has completed and sub-
5
mitted all federally required energy management
6
reports;
7
‘‘(iii) the agency has achieved compliance
8
with the energy efficiency requirements of this
9
Act, the Energy Policy Act of 1992, Executives
10
Orders, and other Federal law; and
11
‘‘(iv) the agency has implemented all prac-
12
ticable, life-cycle cost-effective projects with re-
13
spect to the Federal building or collection of Fed-
14
eral buildings to be excluded.
15
‘‘(B) A finding of impracticability under sub-
16
paragraph (A)(i) shall be based on—
17
‘‘(i) the energy intensiveness of activities
18
carried out in the Federal building or collection
19
of Federal buildings; or
20
‘‘(ii) the fact that the Federal building or
21
collection of Federal buildings is used in the per-
22
formance of a national security function.’’.
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(d) R
EVIEW BY
S
ECRETARY
.—Section 543(c)(2) of the
1
National Energy Conservation Policy Act (42 U.S.C.
2
8253(c)(2)) is amended—
3
(1) by striking ‘‘impracticability standards’’ and
4
inserting ‘‘standards for exclusion’’; and
5
(2) by striking ‘‘a finding of impracticability’’
6
and inserting ‘‘the exclusion’’.
7
(e) C
RITERIA
.—Section 543(c) of the National Energy
8
Conservation Policy Act (42 U.S.C. 8253(c)) is further
9
amended by adding at the end the following:
10
‘‘(3) Not later than 180 days after the date of en-
11
actment of this paragraph, the Secretary shall issue
12
guidelines that establish criteria for exclusions under
13
paragraph (1).’’.
14
(f) R
EPORTS
.—Section 548(b) of the National Energy
15
Conservation Policy Act (42 U.S.C. 8258(b)) is amended—
16
(1) in the subsection heading, by inserting ‘‘T
HE
17
P
RESIDENT AND
’’ before ‘‘C
ONGRESS
’’; and
18
(2) by inserting ‘‘President and’’ before ‘‘Con-
19
gress’’.
20
(g) C
ONFORMING
A
MENDMENT
.—Section 550(d) of the
21
National Energy Conservation Policy Act (42 U.S.C.
22
8258b(d)) is amended in the second sentence by striking
23
‘‘the 20 percent reduction goal established under section
24
543(a) of the National Energy Conservation Policy Act (42
25
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HR 6 EAS1S/PP
U.S.C. 8253(a)).’’ and inserting ‘‘each of the energy reduc-
1
tion goals established under section 543(a).’’.
2
SEC. 912. ENERGY USE MEASUREMENT AND ACCOUNT-
3
ABILITY.
4
Section 543 of the National Energy Conservation Pol-
5
icy Act (42 U.S.C. 8253) is further amended by adding at
6
the end the following:
7
‘‘(e) M
ETERING OF
E
NERGY
U
SE
.—
8
‘‘(1) D
EADLINE
.—By October 1, 2004, all Fed-
9
eral buildings shall, for the purposes of efficient use
10
of energy and reduction in the cost of electricity used
11
in such buildings, be metered or submetered in ac-
12
cordance with guidelines established by the Secretary
13
under paragraph (2). Each agency shall use, to the
14
maximum extent practicable, advanced meters or ad-
15
vanced metering devices that provide data at least
16
daily and that measure at least hourly consumption
17
of electricity in the Federal buildings of the agency.
18
Such data shall be incorporated into existing Federal
19
energy tracking systems and made available to Fed-
20
eral facility energy managers.
21
‘‘(2) G
UIDELINES
.—
22
‘‘(A) I
N
GENERAL
.—Not later than 180
23
days after the date of enactment of this sub-
24
section, the Secretary, in consultation with the
25
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Department of Defense, the General Services Ad-
1
ministration and representatives from the meter-
2
ing industry, utility industry, energy services
3
industry, energy efficiency industry, national
4
laboratories, universities and Federal facility en-
5
ergy managers, shall establish guidelines for
6
agencies to carry out paragraph (1).
7
‘‘(B) R
EQUIREMENTS
FOR
GUIDELINES
.—
8
The guidelines shall—
9
‘‘(i) take into consideration—
10
‘‘(I) the cost of metering and sub-
11
metering and the reduced cost of oper-
12
ation and maintenance expected to re-
13
sult from metering and submetering;
14
‘‘(II) the extent to which metering
15
and submetering are expected to result
16
in increased potential for energy man-
17
agement, increased potential for energy
18
savings and energy efficiency improve-
19
ment, and cost and energy savings due
20
to utility contract aggregation; and
21
‘‘(III)
the
measurement
and
22
verification protocols of the Depart-
23
ment of Energy;
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HR 6 EAS1S/PP
‘‘(ii) include recommendations con-
1
cerning the amount of funds and the num-
2
ber of trained personnel necessary to gather
3
and use the metering information to track
4
and reduce energy use;
5
‘‘(iii) establish one or more dates, not
6
later than 1 year after the date of issuance
7
of the guidelines, on which the requirements
8
specified in paragraph (1) shall take effect;
9
and
10
‘‘(iv) establish exclusions from the re-
11
quirements specified in paragraph (1) based
12
on the de minimus quantity of energy use
13
of a Federal building, industrial process, or
14
structure.
15
‘‘(3) P
LAN
.—No later than 6 months after
16
the date guidelines are established under para-
17
graph (2), in a report submitted by the agency
18
under section 548(a), each agency shall submit to
19
the Secretary a plan describing how the agency
20
will implement the requirements of paragraph
21
(1), including (A) how the agency will designate
22
personnel primarily responsible for achieving the
23
requirements and (B) demonstration by the
24
agency, complete with documentation, of any
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