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finding that advanced meters or advanced meter-
1
ing devices, as defined in paragraph (1), are not
2
practicable.’’.
3
SEC. 913. FEDERAL BUILDING PERFORMANCE STANDARDS.
4
(a) R
EVISED
S
TANDARDS
.—Section 305(a) of the En-
5
ergy Conservation and Production Act (42 U.S.C. 6834(a))
6
is amended—
7
(1) in paragraph (2)(A), by striking ‘‘CABO
8
Model Energy Code, 1992’’ and inserting ‘‘the 2000
9
International Energy Conservation Code’’; and
10
(2) by adding at the end the following:
11
‘‘(3) R
EVISED FEDERAL BUILDING ENERGY EFFI
-
12
CIENCY PERFORMANCE STANDARDS
.—
13
‘‘(A) I
N GENERAL
.—Not later than 1 year
14
after the date of enactment of this paragraph, the
15
Secretary of Energy shall establish, by rule, re-
16
vised Federal building energy efficiency perform-
17
ance standards that require that, if cost-
18
effective—
19
‘‘(i) new commercial buildings and
20
multifamily high rise residential buildings
21
be constructed so as to achieve the applica-
22
ble Energy Star building energy perform-
23
ance ratings or energy consumption levels
24
at least 30 percent below those of the most
25
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recent ASHRAE Standard 90.1, whichever
1
results in the greater increase in energy effi-
2
ciency;
3
‘‘(ii) new residential buildings (other
4
than those described in clause (i)) be con-
5
structed so as to achieve the applicable En-
6
ergy Star building energy performance rat-
7
ings or achieve energy consumption levels at
8
least 30 percent below the requirements of
9
the most recent version of the International
10
Energy Conservation Code, whichever re-
11
sults in the greater increase in energy effi-
12
ciency; and
13
‘‘(iii) sustainable design principles are
14
applied to the siting, design, and construc-
15
tion of all new and replacement buildings.
16
‘‘(B) A
DDITIONAL
REVISIONS
.—Not later
17
than 1 year after the date of approval of amend-
18
ments to ASHRAE Standard 90.1 or the 2000
19
International Energy Conservation Code, the
20
Secretary of Energy shall determine, based on
21
the cost-effectiveness of the requirements under
22
the amendments, whether the revised standards
23
established under this paragraph should be up-
24
dated to reflect the amendments.
25
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‘‘(C) S
TATEMENT ON COMPLIANCE OF NEW
1
BUILDINGS
.—In the budget request of the Federal
2
agency for each fiscal year and each report sub-
3
mitted by the Federal agency under section
4
548(a) of the National Energy Conservation Pol-
5
icy Act (42 U.S.C. 8258(a)), the head of each
6
Federal agency shall include—
7
‘‘(i) a list of all new Federal buildings
8
of the Federal agency; and
9
‘‘(ii) a statement concerning whether
10
the Federal buildings meet or exceed the re-
11
vised standards established under this para-
12
graph, including a monitoring and commis-
13
sioning report that is in compliance with
14
the measurement and verification protocols
15
of the Department of Energy.
16
‘‘(D)
A
UTHORIZATION
OF
APPROPRIA
-
17
TIONS
.—There are authorized to be appropriated
18
such sums as are necessary to carry out this
19
paragraph and to implement the revised stand-
20
ards established under this paragraph.’’.
21
(b) E
NERGY
L
ABELING
P
ROGRAM
.—Section 305(a) of
22
the Energy Conservation and Production Act (42 U.S.C.
23
6834(a)) is further amended by adding at the end the fol-
24
lowing:
25
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HR 6 EAS1S/PP
‘‘(e) E
NERGY
L
ABELING
P
ROGRAM
.—The Secretary of
1
Energy, in cooperation with the Administrator of the Envi-
2
ronmental Protection Agency, shall develop an energy label-
3
ing program for new Federal buildings that exceed the re-
4
vised standards established under subsection (a)(3) by 15
5
percent or more.’’.
6
SEC. 914. PROCUREMENT OF ENERGY EFFICIENT PROD-
7
UCTS.
8
(a) R
EQUIREMENTS
.—Part 3 of title V of the National
9
Energy Conservation Policy Act is amended by adding at
10
the end the following:
11
‘‘SEC. 552. FEDERAL PROCUREMENT OF ENERGY EFFICIENT
12
PRODUCTS.
13
‘‘(a) D
EFINITIONS
.—In this section:
14
‘‘(1) E
NERGY STAR PRODUCT
.—The term ‘En-
15
ergy Star product’ means a product that is rated for
16
energy efficiency under an Energy Star program.
17
‘‘(2) E
NERGY STAR PROGRAM
.—The term ‘En-
18
ergy Star program’ means the program established by
19
section 324A of the Energy Policy and Conservation
20
Act.
21
‘‘(3) E
XECUTIVE AGENCY
.—The term ‘executive
22
agency’ has the meaning given the term in section 4
23
of the Office of Federal Procurement Policy Act (41
24
U.S.C. 403).
25
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‘‘(4) FEMP
DESIGNATED PRODUCT
.—The term
1
‘FEMP designated product’ means a product that is
2
designated under the Federal Energy Management
3
Program of the Department of Energy as being
4
among the highest 25 percent of equivalent products
5
for energy efficiency.
6
‘‘(b) P
ROCUREMENT OF
E
NERGY
E
FFICIENT
P
ROD
-
7
UCTS
.—
8
‘‘(1) R
EQUIREMENT
.—To meet the requirements
9
of an executive agency for an energy consuming prod-
10
uct, the head of the executive agency shall, except as
11
provided in paragraph (2), procure—
12
‘‘(A) an Energy Star product; or
13
‘‘(B) a FEMP designated product.
14
‘‘(2) E
XCEPTIONS
.—The head of an executive
15
agency is not required to procure an Energy Star
16
product or FEMP designated product under para-
17
graph (1) if—
18
‘‘(A) an Energy Star product or FEMP des-
19
ignated product is not cost effective over the life
20
cycle of the product; or
21
‘‘(B) no Energy Star product or FEMP des-
22
ignated product is reasonably available that
23
meets the requirements of the executive agency.
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‘‘(3) P
ROCUREMENT PLANNING
.—The head of an
1
executive agency shall incorporate into the specifica-
2
tions for all procurements involving energy con-
3
suming products and systems, and into the factors for
4
the evaluation of offers received for the procurement,
5
criteria for energy efficiency that are consistent with
6
the criteria used for rating Energy Star products and
7
for rating FEMP designated products.
8
‘‘(c) L
ISTING OF
E
NERGY
E
FFICIENT
P
RODUCTS IN
9
F
EDERAL
C
ATALOGS
.—Energy Star and FEMP designated
10
products shall be clearly identified and prominently dis-
11
played in any inventory or listing of products by the Gen-
12
eral Services Administration or the Defense Logistics Agen-
13
cy.
14
(b) C
ONFORMING
A
MENDMENT
.—The table of contents
15
in section 1(b) of the National Energy Conservation Policy
16
Act (42 U.S.C. 8201 note) is amended by inserting after
17
the item relating to section 551 the following:
18
‘‘Sec. 552. Federal Government procurement of energy efficient products.’’
(c) R
EGULATIONS
.—Not later than 180 days after the
19
effective date specified in subsection (f), the Secretary of En-
20
ergy shall issue guidelines to carry out section 552 of the
21
National Energy Conservation Policy Act (as added by sub-
22
section (a)).
23
(d) D
ESIGNATION OF
E
NERGY
S
TAR
P
RODUCTS
.—The
24
Administrator of the Environmental Protection Agency and
25
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the Secretary of Energy shall expedite the process of desig-
1
nating products as Energy Star products (as defined in sec-
2
tion 552 of the National Energy Conservation Policy Act
3
(as added by subsection (a)).
4
(e) D
ESIGNATION OF
E
LECTRIC
M
OTORS
.—In the case
5
of electric motors of 1 to 500 horsepower, agencies shall se-
6
lect only premium efficient motors that meet a standard
7
designated by the Secretary. The Secretary shall designate
8
such a standard within 120 days of the enactment of this
9
paragraph, after considering the recommendations of asso-
10
ciated electric motor manufacturers and energy efficiency
11
groups.
12
(f) E
FFECTIVE
D
ATE
.—Subsection (a) and the amend-
13
ment made by that subsection take effect on the date that
14
is 180 days after the date of enactment of this Act.
15
SEC. 915. REPEAL OF ENERGY SAVINGS PERFORMANCE
16
CONTRACT SUNSET.
17
Section 801(c) of the National Energy Conservation
18
Policy Act (42 U.S.C. 8287(c)) is repealed.
19
SEC. 916. ENERGY SAVINGS PERFORMANCE CONTRACT
20
DEFINITIONS.
21
(a) E
NERGY
S
AVINGS
.—Section 804(2) of the National
22
Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is
23
amended to read as follows:
24
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HR 6 EAS1S/PP
‘‘(2) The term ‘energy savings’ means a reduc-
1
tion in the cost of energy or water, from a base cost
2
established through a methodology set forth in the con-
3
tract, used in an existing federally owned building or
4
buildings or other federally owned facilities as a re-
5
sult of—
6
‘‘(A) the lease or purchase of operating
7
equipment, improvements, altered operation and
8
maintenance, or technical services;
9
‘‘(B) the increased efficient use of existing
10
energy sources by cogeneration or heat recovery,
11
excluding any cogeneration process for other
12
than a federally owned building or buildings or
13
other federally owned facilities; or
14
‘‘(C) the increased efficient use of existing
15
water sources.’’.
16
(b) E
NERGY
S
AVINGS
C
ONTRACT
.—Section 804(3) of
17
the National Energy Conservation Policy Act (42 U.S.C.
18
8287c(3)) is amended to read as follows:
19
‘‘(3) The terms ‘energy savings contract’ and ‘en-
20
ergy savings performance contract’ mean a contract
21
which provides for the performance of services for the
22
design, acquisition, installation, testing, operation,
23
and, where appropriate, maintenance and repair, of
24
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HR 6 EAS1S/PP
an identified energy or water conservation measure or
1
series of measures at one or more locations.’’.
2
(c) E
NERGY OR
W
ATER
C
ONSERVATION
M
EASURE
.—
3
Section 804(4) of the National Energy Conservation Policy
4
Act (42 U.S.C. 8287c(4)) is amended to read as follows:
5
‘‘(4) The term ‘energy or water conservation
6
measure’ means—
7
‘‘(A) an energy conservation measure, as de-
8
fined in section 551(4) (42 U.S.C. 8259(4)); or
9
‘‘(B) a water conservation measure that im-
10
proves water efficiency, is life cycle cost effective,
11
and involves water conservation, water recycling
12
or reuse, more efficient treatment of wastewater
13
or stormwater, improvements in operation or
14
maintenance efficiencies, retrofit activities or
15
other related activities, not at a Federal hydro-
16
electric facility.’’.
17
SEC. 917. REVIEW OF ENERGY SAVINGS PERFORMANCE
18
CONTRACT PROGRAM.
19
Within 180 days after the date of the enactment of this
20
Act, the Secretary of Energy shall complete a review of the
21
Energy Savings Performance Contract program to identify
22
statutory, regulatory, and administrative obstacles that
23
prevent Federal agencies from fully utilizing the program.
24
In addition, this review shall identify all areas for increas-
25
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HR 6 EAS1S/PP
ing program flexibility and effectiveness, including audit
1
and measurement verification requirements, accounting for
2
energy use in determining savings, contracting require-
3
ments, and energy efficiency services covered. The Secretary
4
shall report these findings to the Committee on Energy and
5
Commerce of the House of Representatives and the Com-
6
mittee on Energy and Natural Resources of the Senate, and
7
shall implement identified administrative and regulatory
8
changes to increase program flexibility and effectiveness to
9
the extent that such changes are consistent with statutory
10
authority.
11
SEC. 918. FEDERAL ENERGY BANK.
12
Part 3 of title V of the National Energy Conservation
13
Policy Act is amended by adding at the end the following:
14
‘‘SEC. 553. FEDERAL ENERGY BANK.
15
‘‘(a) D
EFINITIONS
.—In this section:
16
‘‘(1) B
ANK
.—The term ‘Bank’ means the Federal
17
Energy Bank established by subsection (b).
18
‘‘(2) E
NERGY OR WATER EFFICIENCY PROJECT
.—
19
The term ‘energy or water efficiency project’ means a
20
project that assists a Federal agency in meeting or ex-
21
ceeding the energy or water efficiency requirements
22
of—
23
‘‘(A) this part;
24
‘‘(B) title VIII;
25
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HR 6 EAS1S/PP
‘‘(C) subtitle F of title I of the Energy Pol-
1
icy Act of 1992 (42 U.S.C. 8262 et seq.); or
2
‘‘(D) any applicable Executive order, in-
3
cluding Executive Order No. 13123.
4
‘‘(3) F
EDERAL
AGENCY
.—The term ‘Federal
5
agency’ means—
6
‘‘(A) an Executive agency (as defined in
7
section 105 of title 5, United States Code);
8
‘‘(B) the United States Postal Service;
9
‘‘(C) Congress and any other entity in the
10
legislative branch; and
11
‘‘(D) a Federal court and any other entity
12
in the judicial branch.
13
‘‘(b) E
STABLISHMENT OF
B
ANK
.—
14
‘‘(1) I
N GENERAL
.—There is established in the
15
Treasury of the United States a fund to be known as
16
the ‘Federal Energy Bank’, consisting of—
17
‘‘(A) such amounts as are deposited in the
18
Bank under paragraph (2);
19
‘‘(B) such amounts as are repaid to the
20
Bank under subsection (c)(2)(D); and
21
‘‘(C) any interest earned on investment of
22
amounts in the Bank under paragraph (3).
23
‘‘(2) D
EPOSITS IN BANK
.—
24
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