[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1392 Placed on Calendar Senate (PCS)]
Calendar No. 154
113th CONGRESS
1st Session
S. 1392
To promote energy savings in residential buildings and industry, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2013
Mrs. Shaheen (for herself and Mr. Portman) introduced the following
bill; which was read the first time
July 31, 2013
Read the second time and placed on the calendar
_______________________________________________________________________
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 2013''.
(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.
Subtitle B--Worker Training and Capacity Building
Sec. 111. Building training and assessment centers.
Sec. 112. Career skills training.
TITLE II--INDUSTRIAL EFFICIENCY AND COMPETITIVENESS
Subtitle A--Manufacturing Energy Efficiency
Sec. 201. Purposes.
Sec. 202. Future of Industry program.
Sec. 203. Sustainable manufacturing initiative.
Sec. 204. Conforming amendments.
Subtitle B--Supply Star
Sec. 211. Supply Star.
Subtitle C--Electric Motor Rebate Program
Sec. 221. Energy saving motor control, electric motor, and advanced
motor systems rebate program.
Subtitle D--Transformer Rebate Program
Sec. 231. Energy efficient transformer rebate program.
TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY
Sec. 301. Adoption of information and communications technology power
savings techniques by Federal agencies.
Sec. 302. Availability of funds for design updates.
Sec. 303. Federal data center consolidation.
TITLE IV--MISCELLANEOUS
Sec. 401. Offset.
Sec. 402. Budgetary effects.
Sec. 403. 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
and standards developed and updated through a consensus process
among interested persons, such as the IECC or the code used
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) In General.--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.
``(b) 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 on which a model building energy code is updated,
each State or Indian tribe shall certify whether or not
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 or not the energy
savings for the code provisions that are in effect
throughout the State or Indian tribal territory meet or
exceed--
``(i) the energy savings of the updated
model building energy code; or
``(ii) the targets established under
section 307(b)(2).
``(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)(D), each State
or Indian tribe shall, not later than 2 years after the
specified date, certify whether or not 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.
``(c) 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 (b), each
State and Indian tribe shall certify whether or not 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 this paragraph, 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.
``(d) 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 (b) or (c) by the
applicable deadline shall submit to the Secretary a report on--
``(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 (b) or (c), 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 (b) or (c), a local government may be eligible for
Federal support by meeting the certification requirements of
subsections (b) and (c).
``(4) Annual reports by secretary.--
``(A) In general.--The Secretary shall annually
submit to Congress, and publish in the Federal
Register, a report on--
``(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.
``(e) 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 efficient buildings.
``(f) 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 efficiency through
the use of the codes.
``(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 (c)--
``(A) to a State or Indian tribe for which the
Secretary has validated a certification under
subsection (b) or (c); 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.
``(g) 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.
``(h) 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, and other
stakeholders, shall undertake a study of the feasibility, impact,
economics, and merit of--
``(1) code 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; and
``(3) legislative options for increasing energy savings
from building energy codes, including additional incentives for
effective State and local action, and verification of
compliance with and enforcement of a code other than by a State
or local government.
``(i) 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.).
``(j) Authorization of Appropriations.--There are 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, nationally
recognized code and standards developers, and other
interested parties to support the updating of model
building energy codes by establishing one or more
aggregate energy savings targets to achieve the
purposes of this section.
``(B) Separate targets.--The Secretary may
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) Specific years.--
``(i) In general.--Targets for specific
years shall be established and revised by the
Secretary through rulemaking and coordinated
with nationally recognized code and standards
developers at a level that--
``(I) is at the maximum level of
energy efficiency that is
technologically feasible and life-cycle
cost effective, while accounting for
the economic considerations under
paragraph (4);
``(II) is higher than the preceding
target; and
``(III) promotes the achievement of
commercial and residential high-
performance buildings through high
performance energy efficiency (within
the meaning of section 401 of the
Energy Independence and Security Act of
2007 (42 U.S.C. 17061)).
``(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 SmartGrid
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 Standard Development Organizations.--
``(1) In general.--The Secretary shall, on a timely basis,
provide technical assistance to model building energy code-
setting and standard 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 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 standard 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 revised, the Secretary shall make a
preliminary determination not later than 90 days after the date
of the revision, and a final determination not later than 15
months after the date of the revision, on whether or not the
revision will--
``(A) improve energy efficiency in buildings
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) In general.--If the Secretary makes a
preliminary determination under paragraph (1)(B) that a
code or standard does not meet the targets established
under subsection (b)(2), the Secretary may at the same
time provide the model building energy code or standard
developer with proposed changes that would result in a
model building energy code that meets the targets and
with supporting evidence, taking into consideration--
``(i) whether the modified code is
technically feasible and life-cycle cost
effective;
``(ii) available appliances, technologies,
materials, and construction practices; and
``(iii) the economic considerations under
subsection (b)(4).
``(B) Incorporation of changes.--
``(i) In general.--On receipt of the
proposed changes, the model building energy
code or standard developer shall have an
additional 270 days to accept or reject the
proposed changes of the Secretary to the model
building energy code or standard for the
Secretary to make a final determination.
``(ii) Final determination.--A final
determination under paragraph (1) shall be on
the modified model building energy code or
standard.
``(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.
``(f) 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.''.
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) In General.--The Secretary shall pay grants to eligible
entities described in subsection (b) 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 section 307(b)(3) of the Energy Conservation and
Production Act (42 U.S.C. 6836(b)(3)).
(b) Eligibility.--To be eligible to obtain a grant under subsection
(a), an entity shall be a nonprofit partnership described in section
171(e)(2)(B)(ii) of the Workforce Investment Act of 1998 (29 U.S.C.
2916(e)(2)(B)(ii)).
(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.
TITLE II--INDUSTRIAL EFFICIENCY AND COMPETITIVENESS
Subtitle A--Manufacturing Energy Efficiency
SEC. 201. PURPOSES.
The purposes of this subtitle are--
(1) to reform and reorient the industrial efficiency
programs of the Department of Energy;
(2) to establish a clear and consistent authority for
industrial efficiency programs of the Department;
(3) to accelerate the deployment of technologies and
practices that will increase industrial energy efficiency and
improve productivity;
(4) to accelerate the development and demonstration of
technologies that will assist the deployment goals of the
industrial efficiency programs of the Department and increase
manufacturing efficiency;
(5) to stimulate domestic economic growth and improve
industrial productivity and competitiveness; and
(6) to strengthen partnerships between Federal and State
governmental agencies and the private and academic sectors.
SEC. 202. FUTURE OF INDUSTRY PROGRAM.
(a) In General.--Section 452 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17111) is amended by striking the
section heading and inserting the following: ``future of industry
program''.
(b) Definition of Energy Service Provider.--Section 452(a) of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17111(a)) is
amended--
(1) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(2) by inserting after paragraph (2):
``(3) Energy service provider.--The term `energy service
provider' means any business providing technology or services
to improve the energy efficiency, power factor, or load
management of a manufacturing site or other industrial process
in an energy-intensive industry, or any utility operating under
a utility energy service project.''.
(c) Industrial Research and Assessment Centers.--Section 452(e) of
the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(e))
is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
appropriately;
(2) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(3) in subparagraph (A) (as redesignated by paragraph (1)),
by inserting before the semicolon at the end the following: ``,
including assessments of sustainable manufacturing goals and
the implementation of information technology advancements for
supply chain analysis, logistics, system monitoring, industrial
and manufacturing processes, and other purposes''; and
(4) by adding at the end the following:
``(2) Coordination.--
``(A) In general.--To increase the value and
capabilities of the industrial research and assessment
centers, the centers shall--
``(i) coordinate with Manufacturing
Extension Partnership Centers of the National
Institute of Standards and Technology;
``(ii) coordinate with the Building
Technologies Program of the Department of
Energy to provide building assessment services
to manufacturers;
``(iii) increase partnerships with the
National Laboratories of the Department of
Energy to leverage the expertise and
technologies of the National Laboratories for
national industrial and manufacturing needs;
``(iv) 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;
``(v) identify opportunities for reducing
greenhouse gas emissions; and
``(vi) promote sustainable manufacturing
practices for small- and medium-sized
manufacturers.
``(3) Outreach.--The Secretary shall provide funding for--
``(A) outreach activities by the industrial
research and assessment centers to inform small- and
medium-sized manufacturers of the information,
technologies, and services available; and
``(B) coordination activities by each industrial
research and assessment center to leverage efforts
with--
``(i) Federal and State efforts;
``(ii) the efforts of utilities and energy
service providers;
``(iii) the efforts of regional energy
efficiency organizations; and
``(iv) the efforts of other industrial
research and assessment centers.
``(4) Workforce training.--
``(A) In general.--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.
``(B) Federal share.--The Federal share of the cost
of carrying out internship programs described in
subparagraph (A) shall be 50 percent.
``(5) 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 of industrial research and assessment centers
established under paragraph (1).
``(6) Advanced manufacturing steering committee.--The
Secretary shall establish an advisory steering committee to
provide recommendations to the Secretary on planning and
implementation of the Advanced Manufacturing Office of the
Department of Energy.''.
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) 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, the Secretary, on the request of a manufacturer,
shall conduct 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.--The Secretary shall carry out the initiative
in coordination with the private sector and appropriate agencies,
including the National Institute of Standards and Technology, to
accelerate adoption of new and existing technologies and processes that
improve energy efficiency.
``(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) Table of Contents.--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--Supply Star
SEC. 211. SUPPLY STAR.
The Energy Policy and Conservation Act is amended by inserting
after section 324A (42 U.S.C. 6294a) the following:
``SEC. 324B. SUPPLY STAR PROGRAM.
``(a) In General.--There is established within the Department of
Energy a Supply Star program to identify and promote practices,
recognize companies, and, as appropriate, recognize products that use
highly efficient supply chains in a manner that conserves energy,
water, and other resources.
``(b) Coordination.--In carrying out the program described in
subsection (a), the Secretary shall--
``(1) consult with other appropriate agencies; and
``(2) coordinate efforts with the Energy Star program
established under section 324A.
``(c) Duties.--In carrying out the Supply Star program described in
subsection (a), the Secretary shall--
``(1) promote practices, recognize companies, and, as
appropriate, recognize products that comply with the Supply
Star program as the preferred practices, companies, and
products in the marketplace for maximizing supply chain
efficiency;
``(2) work to enhance industry and public awareness of the
Supply Star program;
``(3) collect and disseminate data on supply chain energy
resource consumption;
``(4) develop and disseminate metrics, processes, and
analytical tools (including software) for evaluating supply
chain energy resource use;
``(5) develop guidance at the sector level for improving
supply chain efficiency;
``(6) work with domestic and international organizations to
harmonize approaches to analyzing supply chain efficiency,
including the development of a consistent set of tools,
templates, calculators, and databases; and
``(7) work with industry, including small businesses, to
improve supply chain efficiency through activities that
include--
``(A) developing and sharing best practices; and
``(B) providing opportunities to benchmark supply
chain efficiency.
``(d) Evaluation.--In any evaluation of supply chain efficiency
carried out by the Secretary with respect to a specific product, the
Secretary shall consider energy consumption and resource use throughout
the entire lifecycle of a product, including production, transport,
packaging, use, and disposal.
``(e) Grants and Incentives.--
``(1) In general.--The Secretary may award grants or other
forms of incentives on a competitive basis to eligible
entities, as determined by the Secretary, for the purposes of--
``(A) studying supply chain energy resource
efficiency; and
``(B) demonstrating and achieving reductions in the
energy resource consumption of commercial products
through changes and improvements to the production
supply and distribution chain of the products.
``(2) Use of information.--Any information or data
generated as a result of the grants or incentives described in
paragraph (1) shall be used to inform the development of the
Supply Star Program.
``(f) Training.--The Secretary shall use funds to support
professional training programs to develop and communicate methods,
practices, and tools for improving supply chain efficiency.
``(g) Effect of Impact on Climate Change.--For purposes of this
section, the impact on climate change shall not be a factor in
determining supply chain efficiency.
``(h) Effect of Outsourcing of American Jobs.--For purposes of this
section, the outsourcing of American jobs in the production of a
product shall not count as a positive factor in determining supply
chain efficiency.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for the period of
fiscal years 2014 through 2023.''.
Subtitle C--Electric Motor Rebate Program
SEC. 221. ENERGY SAVING MOTOR CONTROL, ELECTRIC MOTOR, AND ADVANCED
MOTOR SYSTEMS REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Advanced motor and drive system.--The term ``advanced
motor and drive system'' means an electric motor and any
required associated electronic control that--
(A) offers variable or multiple speed operation;
(B) offers efficiency at a rated full load that is
greater than the efficiency described for the
equivalent rating in--
(i) table 12-12 of National Electrical
Manufactures Association (NEMA MG 1-2011); or
(ii) section 431.446 of National Electrical
Manufactures Association (2012); and
(C) uses--
(i) permanent magnet alternating current
synchronous motor technology;
(ii) electronically commutated motor
technology;
(iii) switched reluctance motor technology;
(iv) synchronous reluctance motor
technology; or
(v) such other motor that has greater than
1 horsepower and uses a drive systems
technology, as determined by the Secretary.
(2) 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).
(3) Qualified product.--The term ``qualified product''
means--
(A) a new constant speed electric motor control
that--
(i) is attached to an electric motor; and
(ii) reduces the energy use of the electric
motor by not less than 5 percent; and
(B) commercial or industrial machinery or equipment
that--
(i) is manufactured and incorporates an
advanced motor and drive system that has
greater than 1 horsepower into a redesigned
machine or equipment that did not previously
make use of the advanced motor and drive
system; or
(ii) was previously used and placed back
into service in calendar year 2014 or 2015 that
upgrades the existing machine or equipment with
an advanced motor and drive system.
(b) Establishment.--Not later than 90 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 and installation of qualified products.
(c) Qualified Entities.--A qualified entity under this section
shall be--
(1) in the case of a qualified product described in
subsection (a)(3)(A), the purchaser of the qualified product
for whom the qualified product is installed; and
(2) in the case of a qualified product described in
subsection (a)(3)(B)), the manufacturer of the machine or
equipment that incorporated the advanced motor and drive system
into the machine or equipment.
(d) Requirements.--
(1) Application.--To be eligible to receive a rebate under
this section, a qualified entity shall submit to the Secretary
or an entity designated by the Secretary an application and
certification in such form, at such time, and containing such
information as the Secretary may require, including
demonstrated evidence that the qualified entity purchased a
qualified product and--
(A) in the case of a qualified product described in
subsection (a)(3)(A)--
(i) demonstrated evidence that the
qualified entity installed the qualified
product in calendar year 2014 or 2015;
(ii) demonstrated evidence that the
qualified product reduces motor energy use by
not less than 5 percent, in accordance with
procedures approved by the Secretary; and
(iii) the serial number, manufacturer, and
model number from the nameplate of the
installed motor of the qualified entity on
which the qualified product was installed; and
(B) in the case of a qualified product described in
subsection (a)(3)(B)--
(i) demonstrated evidence that the
manufacturer--
(I) redesigned a machine or
equipment of a manufacturer that did
not previously make use of an advanced
motor and drive system; or
(II) upgraded a used machine or
equipment to incorporate an advanced
motor and drive system;
(ii) demonstrated evidence that the
qualified product was sold, installed, or
placed back into service in calendar year 2014
or 2015; and
(iii) the serial number, manufacturer, and
model number from the nameplate of the
installed motor of the qualified entity with
which the advanced motor and drive system is
integrated.
(2) Authorized amount of rebate.--The Secretary may provide
to a qualified entity that has satisfied the requirements of
paragraph (1) a rebate the amount of which shall be equal to
the product obtained by multiplying--
(A) the nameplate rated horsepower of--
(i) the electric motor to which the new
constant speed electric motor control is
attached;
(ii) the new electric motor that replaced a
previously installed electric motor; or
(iii) the advanced electric motor control
system; and
(B) $25.
(3) Maximum aggregate amount.--No entity shall be entitled
to aggregate rebates under this section in excess of $250,000.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2014 and 2015, to remain available until expended.
Subtitle D--Transformer Rebate Program
SEC. 231. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.
(a) Definition of Qualified Transformer.--In this section, the term
``qualified transformer'' means a transformer that meets or exceeds the
National Electrical Manufacturers Association (NEMA) Premium Efficiency
designation, calculated to 2 decimal points, as having 30 percent fewer
losses than the NEMA TP-1-2002 efficiency standard for a transformer of
the same number of phases and capacity, as measured in kilovolt-
amperes.
(b) Establishment.--Not later than January 1, 2014, the Secretary
shall establish a program under which rebates are provided for
expenditures made by owners of industrial or manufacturing facilities,
commercial buildings, and multifamily residential buildings for the
purchase and installation of a new energy efficient transformers.
(c) Requirements.--
(1) Application.--To be eligible to receive a rebate under
this section, an owner 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 that the owner purchased a qualified
transformer.
(2) Authorized amount of rebate.--For qualified
transformers, rebates, in dollars per kilovolt-ampere (referred
to in this paragraph as ``kVA'') shall be--
(A) for 3-phase transformers--
(i) with a capacity of not greater than 10
kVA, 15;
(ii) with a capacity of not less than 10
kVA and not greater than 100 kVA, the
difference between 15 and the quotient obtained
by dividing--
(I) the difference between--
(aa) the capacity of the
transformer in kVA; and
(bb) 10; by
(II) 9; and
(iii) with a capacity greater than or equal
to 100 kVA, 5; and
(B) for single-phase transformers, 75 percent of
the rebate for a 3-phase transformer of the same
capacity.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2014 and 2015, to remain available until expended.
(e) Termination of Effectiveness.--The authority provided by this
section terminates effective December 31, 2015.
TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY
SEC. 301. ADOPTION OF INFORMATION AND COMMUNICATIONS TECHNOLOGY POWER
SAVINGS TECHNIQUES BY FEDERAL AGENCIES.
(a) In General.--Not later than 360 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Defense, the Secretary of Veterans Affairs, and the
Administrator of General Services, shall issue guidance for Federal
agencies to employ advanced tools promoting energy efficiency and
energy savings through the use of information and communications
technologies, including computer hardware, operation and maintenance
processes, energy efficiency software, and power management tools.
(b) Reports on Plans and Savings.--Not later than 180 days after
the date of the issuance of the guidance under subsection (a), each
Federal agency shall submit to the Secretary a report that describes--
(1) the plan of the agency for implementing the guidance
within the agency; and
(2) estimated energy and financial savings from employing
the tools and processes described in subsection (a).
SEC. 302. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.
Section 3307 of title 40, United States Code, is amended--
(1) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Availability of Funds for Design Updates.--
``(1) In general.--Subject to paragraph (2), for any
project for which congressional approval is received under
subsection (a) and for which the design has been substantially
completed but construction has not begun, the Administrator of
General Services may use appropriated funds to update the
project design to meet applicable Federal building energy
efficiency standards established under section 305 of the
Energy Conservation and Production Act (42 U.S.C. 6834) and
other requirements established under section 3312.
``(2) Limitation.--The use of funds under paragraph (1)
shall not exceed 125 percent of the estimated energy or other
cost savings associated with the updates as determined by a
life cycle cost analysis under section 544 of the National
Energy Conservation Policy Act (42 U.S.C. 8254).''.
SEC. 303. FEDERAL DATA CENTER CONSOLIDATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator for the Office of E-Government
and Information Technology within the Office of Management and Budget
shall develop and publish a goal for the total amount of planned energy
and cost savings and increased productivity by the Federal Government
through the consolidation of Federal data centers during the 5-year
period beginning on the date of enactment of this Act, which shall
include a breakdown on a year-by-year basis of the projected savings
and productivity gains.
(b) Administration.--Nothing in this section applies to the High
Performance Computing Modernization Program (HPCMP) of the Department
of Defense.
TITLE IV--MISCELLANEOUS
SEC. 401. OFFSET.
Section 422(f) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17082(f)) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon at the end; and
(2) by striking paragraph (4) and inserting the following:
``(4) $200,000,000 for each of fiscal years 2013 and 2014;
``(5) $150,000,000 for fiscal year 2015; and
``(6) $100,000,000 for each of fiscal years 2016 through
2018.''.
SEC. 402. 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. 403. 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. 154
113th CONGRESS
1st Session
S. 1392
_______________________________________________________________________
A BILL
To promote energy savings in residential buildings and industry, and
for other purposes.
_______________________________________________________________________
July 31, 2013
Read the second time and placed on the calendar