HR 6 EAS1S/PP
‘‘(A) I
N GENERAL
.—Subject to the avail-
1
ability of appropriations and to subparagraph
2
(B), the Secretary of the Treasury shall deposit
3
in the Bank an amount equal to $250,000,000 in
4
fiscal year 2003 and in each fiscal year there-
5
after.
6
‘‘(B) M
AXIMUM AMOUNT IN BANK
.—Depos-
7
its under subparagraph (A) shall cease beginning
8
with the fiscal year following the fiscal year in
9
which the amounts in the Bank (including
10
amounts on loan from the Bank) become equal to
11
or exceed $1,000,000,000.
12
‘‘(3) I
NVESTMENT OF AMOUNTS
.—The Secretary
13
of the Treasury shall invest such portion of the Bank
14
as is not, in the judgment of the Secretary, required
15
to meet current withdrawals. Investments may be
16
made only in interest-bearing obligations of the
17
United States.
18
‘‘(c) L
OANS
F
ROM THE
B
ANK
.—
19
‘‘(1) I
N GENERAL
.—The Secretary of the Treas-
20
ury shall transfer from the Bank to the Secretary
21
such amounts as are appropriated to carry out the
22
loan program under paragraph (2).
23
‘‘(2) L
OAN PROGRAM
.—
24
‘‘(A) E
STABLISHMENT
.—
25
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HR 6 EAS1S/PP
‘‘(i) I
N GENERAL
.—In accordance with
1
subsection (d), the Secretary, in consulta-
2
tion with the Secretary of Defense, the Ad-
3
ministrator of General Services, and the Di-
4
rector of the Office of Management and
5
Budget, shall establish a program to make
6
loans of amounts in the Bank to any Fed-
7
eral agency that submits an application
8
satisfactory to the Secretary in order to pay
9
the costs of a project described in subpara-
10
graph (C).
11
‘‘(ii)
C
OMMENCEMENT
OF
OPER
-
12
ATIONS
.—The Secretary may begin—
13
‘‘(I) accepting applications for
14
loans from the Bank in fiscal year
15
2002; and
16
‘‘(II) making loans from the Bank
17
in fiscal year 2003.
18
‘‘(B) E
NERGY SAVINGS PERFORMANCE CON
-
19
TRACTING FUNDING
.—To the extent practicable,
20
an agency shall not submit a project for which
21
energy performance contracting funding is avail-
22
able and is acceptable to the Federal agency
23
under title VIII.
24
‘‘(C) P
URPOSES OF LOAN
.—
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HR 6 EAS1S/PP
‘‘(i) I
N GENERAL
.—A loan from the
1
Bank may be used to pay—
2
‘‘(I) the costs of an energy or
3
water efficiency project, or a renewable
4
or alternative energy project, for a new
5
or existing Federal building (including
6
selection and design of the project);
7
‘‘(II) the costs of an energy meter-
8
ing plan and metering equipment in-
9
stalled pursuant to section 543(e) or
10
for the purpose of verification of the
11
energy savings under an energy sav-
12
ings performance contract under title
13
VIII; or
14
‘‘(III) at the time of contracting,
15
the costs of cofunding of an energy sav-
16
ings performance contract (including a
17
utility energy service agreement) in
18
order to shorten the payback period of
19
the project that is the subject of the en-
20
ergy savings performance contract.
21
‘‘(ii) L
IMITATION
.—A Federal agency
22
may use not more than 10 percent of the
23
amount of a loan under subclause (I) or
24
(II) of clause (i) to pay the costs of admin-
25
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HR 6 EAS1S/PP
istration and proposal development (includ-
1
ing data collection and energy surveys).
2
‘‘(iii) R
ENEWABLE AND ALTERNATIVE
3
ENERGY PROJECTS
.—Not more than 25 per-
4
cent of the amount on loan from the Bank
5
at any time may be loaned for renewable
6
energy and alternative energy projects (as
7
defined by the Secretary in accordance with
8
applicable law (including Executive Or-
9
ders)).
10
‘‘(D) R
EPAYMENTS
.—
11
‘‘(i) I
N GENERAL
.—Subject to clauses
12
(ii) through (iv), a Federal agency shall
13
repay to the Bank the principal amount of
14
a loan plus interest at a rate determined by
15
the President, in consultation with the Sec-
16
retary and the Secretary of the Treasury.
17
‘‘(ii) W
AIVER OR REDUCTION OF IN
-
18
TEREST
.—The Secretary may waive or re-
19
duce the rate of interest required to be paid
20
under clause (i) if the Secretary determines
21
that payment of interest by a Federal agen-
22
cy at the rate determined under that clause
23
is not required to fund the operations of the
24
Bank.
25
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HR 6 EAS1S/PP
‘‘(iii) D
ETERMINATION
OF
INTEREST
1
RATE
.—The interest rate determined under
2
clause (i) shall be at a rate that is sufficient
3
to ensure that, beginning not later than Oc-
4
tober 1, 2007, interest payments will be suf-
5
ficient to fully fund the operations of the
6
Bank.
7
‘‘(iv) I
NSUFFICIENCY
OF
APPROPRIA
-
8
TIONS
.—
9
‘‘(I) R
EQUEST
FOR
APPROPRIA
-
10
TIONS
.—As part of the budget request
11
of the Federal agency for each fiscal
12
year, the head of each Federal agency
13
shall submit to the President a request
14
for such amounts as are necessary to
15
make such repayments as are expected
16
to become due in the fiscal year under
17
this subparagraph.
18
‘‘(II) S
USPENSION OF REPAYMENT
19
REQUIREMENT
.—If, for any fiscal
20
year, sufficient appropriations are not
21
made available to a Federal agency to
22
make repayments under this subpara-
23
graph, the Bank shall suspend the re-
24
quirement of repayment under this
25
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HR 6 EAS1S/PP
subparagraph until such appropria-
1
tions are made available.
2
‘‘(E) F
EDERAL
AGENCY
ENERGY
BUDG
-
3
ETS
.—Until a loan is repaid, a Federal agency
4
budget submitted by the President to Congress
5
for a fiscal year shall not be reduced by the value
6
of energy savings accrued as a result of any en-
7
ergy conservation measure implemented using
8
amounts from the Bank.
9
‘‘(F) N
O
RESCISSION
OR
REPROGRAM
-
10
MING
.—A Federal agency shall not rescind or re-
11
program loan amounts made available from the
12
Bank except as permitted under guidelines issued
13
under subparagraph (G).
14
‘‘(G) G
UIDELINES
.—The Secretary shall
15
issue guidelines for implementation of the loan
16
program under this paragraph, including selec-
17
tion criteria, maximum loan amounts, and loan
18
repayment terms.
19
‘‘(d) S
ELECTION
C
RITERIA
.—
20
‘‘(1) I
N GENERAL
.—The Secretary shall establish
21
criteria for the selection of projects to be awarded
22
loans in accordance with paragraph (2).
23
‘‘(2) S
ELECTION CRITERIA
.—
24
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‘‘(A) I
N
GENERAL
.—The Secretary may
1
make loans from the Bank only for a project
2
that—
3
‘‘(i) is technically feasible;
4
‘‘(ii) is determined to be cost-effective
5
using life cycle cost methods established by
6
the Secretary;
7
‘‘(iii) includes a measurement and
8
management component, based on the meas-
9
urement and verification protocols of the
10
Department of Energy, to—
11
‘‘(I) commission energy savings
12
for new and existing Federal facilities;
13
‘‘(II) monitor and improve energy
14
efficiency management at existing Fed-
15
eral facilities; and
16
‘‘(III) verify the energy savings
17
under an energy savings performance
18
contract under title VIII; and
19
‘‘(iv)(I) in the case of a renewable en-
20
ergy or alternative energy project, has a
21
simple payback period of not more than 15
22
years; and
23
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HR 6 EAS1S/PP
‘‘(II) in the case of any other project,
1
has a simple payback period of not more
2
than 10 years.
3
‘‘(B) P
RIORITY
.—In selecting projects, the
4
Secretary shall give priority to projects that—
5
‘‘(i) are a component of a comprehen-
6
sive energy management project for a Fed-
7
eral facility; and
8
‘‘(ii) are designed to significantly re-
9
duce the energy use of the Federal facility.
10
‘‘(e) R
EPORTS AND
A
UDITS
.—
11
‘‘(1) R
EPORTS TO THE SECRETARY
.—Not later
12
than 1 year after the completion of installation of a
13
project that has a cost of more than $1,000,000, and
14
annually thereafter, a Federal agency shall submit to
15
the Secretary a report that—
16
‘‘(A) states whether the project meets or fails
17
to meet the energy savings projections for the
18
project; and
19
‘‘(B) for each project that fails to meet the
20
energy savings projections, states the reasons for
21
the failure and describes proposed remedies.
22
‘‘(2) A
UDITS
.—The Secretary may audit, or re-
23
quire a Federal agency that receives a loan from the
24
Bank to audit, any project financed with amounts
25
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HR 6 EAS1S/PP
from the Bank to assess the performance of the
1
project.
2
‘‘(3) R
EPORTS TO CONGRESS
.—At the end of
3
each fiscal year, the Secretary shall submit to Con-
4
gress a report on the operations of the Bank, includ-
5
ing a statement of—
6
‘‘(A) the total receipts by the Bank;
7
‘‘(B) the total amount of loans from
8
the Bank to each Federal agency; and
9
‘‘(C) the estimated cost and energy sav-
10
ings resulting from projects funded with
11
loans from the Bank.
12
‘‘(f) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There are
13
authorized to be appropriated such sums as are necessary
14
to carry out this section.’’.
15
SEC. 919. ENERGY AND WATER SAVING MEASURES IN CON-
16
GRESSIONAL BUILDINGS.
17
(a) I
N
G
ENERAL
.—Part 3 of title V of the National
18
Energy Conservation Policy Act is amended by adding at
19
the end:
20
‘‘SEC. 554. ENERGY AND WATER SAVINGS MEASURES IN
21
CONGRESSIONAL BUILDINGS.
22
‘‘(a) I
N
G
ENERAL
.—The Architect of the Capitol—
23
‘‘(1) shall develop, update, and implement a cost-
24
effective energy conservation and management plan
25
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HR 6 EAS1S/PP
(referred to in this section as the ‘‘plan’’) for all fa-
1
cilities administered by the Congress (referred to in
2
this section as ‘congressional buildings’) to meet the
3
energy performance requirements for Federal build-
4
ings established under section 543(a)(1); and
5
‘‘(2) shall submit the plan to Congress, not later
6
than 180 days after the date of enactment of this sec-
7
tion.
8
‘‘(b) P
LAN
R
EQUIREMENTS
.—The plan shall include—
9
‘‘(1) a description of the life-cycle cost analysis
10
used to determine the cost-effectiveness of proposed en-
11
ergy efficiency projects;
12
‘‘(2) a schedule of energy surveys to ensure com-
13
plete surveys of all congressional buildings every 5
14
years to determine the cost and payback period of en-
15
ergy and water conservation measures;
16
‘‘(3) a strategy for installation of life cycle cost
17
effective energy and water conservation measures;
18
‘‘(4) the results of a study of the costs and bene-
19
fits of installation of submetering in congressional
20
buildings; and
21
‘‘(5) information packages and ‘how-to’ guides
22
for each Member and employing authority of Congress
23
that detail simple, cost-effective methods to save en-
24
ergy and taxpayer dollars in the workplace.
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HR 6 EAS1S/PP
‘‘(c) C
ONTRACTING
A
UTHORITY
.—The Architect—
1
‘‘(1) may contract with nongovernmental entities
2
and use private sector capital to finance energy con-
3
servation projects and meet energy performance re-
4
quirements; and
5
‘‘(2) may use innovative contracting methods
6
that will attract private sector funding for the instal-
7
lation of energy efficient and renewable energy tech-
8
nology, such as energy savings performance contracts
9
described in title VIII.
10
‘‘(d) C
APITOL
V
ISITOR
C
ENTER
.—The Architect—
11
‘‘(1) shall ensure that state-of-the-art energy effi-
12
ciency and renewable energy technologies are used in
13
the construction and design of the Visitor Center; and
14
‘‘(2) shall include in the Visitor Center an ex-
15
hibit on the energy efficiency and renewable energy
16
measures used in congressional buildings.
17
‘‘(e) A
NNUAL
R
EPORT
.—The Architect shall submit to
18
Congress annually a report on congressional energy man-
19
agement and conservation programs required under this
20
section that describes in detail—
21
‘‘(1) energy expenditures and savings estimates
22
for each facility;
23
‘‘(2) energy management and conservation
24
projects; and
25
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HR 6 EAS1S/PP
‘‘(3) future priorities to ensure compliance with
1
this section.’’.
2
(b) R
EPEAL
.—Section 310 of the Legislative Branch
3
Appropriations Act, 1999 (40 U.S.C. 166i), is repealed.
4
SEC. 920. INCREASED USE OF RECOVERED MATERIAL IN
5
FEDERALLY FUNDED PROJECTS INVOLVING
6
PROCUREMENT OF CEMENT OR CONCRETE.
7
(a) D
EFINITIONS
.—In this section:
8
(1)
A
DMINISTRATOR
.—The
term
‘‘Adminis-
9
trator’’ means the Administrator of the Environ-
10
mental Protection Agency.
11
(2) A
GENCY HEAD
.—The term ‘‘agency head’’
12
means—
13
(A) the Secretary of Transportation; and
14
(B) the head of each other Federal agency
15
that on a regular basis procures, or provides
16
Federal funds to pay or assist in paying the cost
17
of procuring, material for cement or concrete
18
projects.
19
(3) C
EMENT OR CONCRETE PROJECT
.—The term
20
‘‘cement or concrete project’’ means a project for the
21
construction or maintenance of a highway or other
22
transportation facility or a Federal, State, or local
23
government building or other public facility that—
24
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