[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 893 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 893
To establish an Energy Productivity Innovation Challenge (EPIC) to
assist energy policy innovation in the States to promote the goal of
doubling electric and thermal energy productivity by January 1, 2030.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 26, 2015
Mr. Warner (for himself and Mr. Manchin) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish an Energy Productivity Innovation Challenge (EPIC) to
assist energy policy innovation in the States to promote the goal of
doubling electric and thermal energy productivity by January 1, 2030.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Productivity Innovation
Challenge Act of 2015'' or the ``EPIC Act of 2015''.
SEC. 2. PURPOSE.
The purpose of this Act is to assist energy policy innovation in
the States to promote the goal of doubling electric and thermal energy
productivity by January 1, 2030.
SEC. 3. DEFINITIONS.
In this Act:
(1) Energy productivity.--The term ``energy productivity''
means, in the case of a State or Indian tribe, the gross State
or tribal product per British thermal unit of energy consumed
in the State or tribal land of the Indian tribe, respectively.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) State.--The term ``State'' has the meaning given the
term in section 3 of the Energy Policy and Conservation Act (42
U.S.C. 6202).
SEC. 4. PHASE 1: INITIAL ALLOCATION OF GRANTS TO STATES.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall issue an invitation to States to
submit plans to participate in an electric and thermal energy
productivity challenge in accordance with this section.
(b) Grants.--
(1) In general.--Subject to section 7, the Secretary shall
use funds made available under section 8(b)(1) to provide an
initial allocation of grants to not more than 25 States.
(2) Amount.--The amount of a grant provided to a State
under this section shall be not less than $500,000 nor more
than $1,750,000.
(c) Submission of Plans.--To receive a grant under this section,
not later than 90 days after the date of issuance of the invitation
under subsection (a), a State (in consultation with energy utilities,
regulatory bodies, and others) shall submit to the Secretary an
application to receive the grant by submitting a revised State energy
conservation plan under section 362 of the Energy Policy and
Conservation Act (42 U.S.C. 6322).
(d) Decision by Secretary.--
(1) Basis.--The Secretary shall base the decision of the
Secretary on an application submitted under this section on--
(A) plans for improvement in electric and thermal
energy productivity consistent with this Act; and
(B) other factors determined appropriate by the
Secretary, including geographic diversity.
(2) Ranking.--The Secretary shall--
(A) rank revised plans submitted under this section
in order of the greatest to least likely contribution
to improving energy productivity in the State; and
(B) provide grants under this section in accordance
with the ranking and the scale and scope of a plan.
(e) Plan Requirements.--A plan submitted under subsection (c) shall
provide--
(1) a description of the manner in which--
(A) energy savings will be monitored and verified
and energy productivity improvements will be calculated
using inflation-adjusted dollars;
(B) a statewide baseline of energy use and
potential resources for calendar year 2010 will be
established to measure improvements;
(C) the plan will promote achievement of energy
savings and demand reduction goals;
(D) public and private sector investments in energy
efficiency will be leveraged with available Federal
funding; and
(E) the plan will not cause cost-shifting among
utility customer classes or negatively impact low-
income populations; and
(2) an assurance that--
(A) the State energy office required to submit the
plan, the energy utilities in the State participating
in the plan, and the State public service commission
are cooperating and coordinating programs and
activities under this Act;
(B) the State is cooperating with local units of
government, Indian tribes, and energy utilities to
expand programs as appropriate; and
(C) grants provided under this Act will be used to
supplement and not supplant Federal, State, or
ratepayer-funded programs or activities in existence on
the date of enactment of this Act.
(f) Uses.--A State may use grants provided under this section to
promote--
(1) the expansion of policies and programs that will
advance industrial energy efficiency, waste heat recovery,
combined heat and power, and waste heat-to-power utilization;
(2) the expansion of policies and programs that will
advance energy efficiency construction and retrofits for public
and private commercial buildings (including schools, hospitals,
and residential buildings, including multifamily buildings)
such as through expanded energy service performance contracts,
equivalent utility energy service contracts, zero net-energy
buildings, and improved building energy efficiency codes;
(3) the expansion of residential policies and programs
designed to implement best practice policies and tools for
residential retrofit programs that--
(A) reduce administrative and delivery costs for
energy efficiency projects;
(B) encourage streamlining and automation to
support contractor engagement; and
(C) implement systems that encourage private
investment and market innovation;
(4) the establishment or expansion of incentives in the
electric utility sector to enhance demand response and energy
efficiency, including consideration of additional incentives to
promote the purposes of section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)), such as
appropriate, cost-effective policies regarding rate structures,
grid improvements, behavior change, combined heat and power and
waste heat-to-power incentives, financing of energy efficiency
programs, data use incentives, district heating, and regular
energy audits; and
(5) leadership by example, in which State activities
involving both facilities and vehicle fleets can be a model for
other action to promote energy efficiency and can be expanded
with Federal grants provided under this Act.
SEC. 5. PHASE 2: SUBSEQUENT ALLOCATION OF GRANTS TO STATES.
(a) Reports.--Not later than 18 months after the receipt of grants
under section 4, each State (in consultation with other parties
described in subsection (b)(3)(F)) that received grants under section 4
may submit to the Secretary a report that describes--
(1) the performance of the programs and activities carried
out with the grants; and
(2) in consultation with other parties described in
subsection (b)(3)(F), the manner in which additional funds
would be used to carry out programs and activities to promote
the purposes of this Act.
(b) Grants.--
(1) In general.--Not later than 180 days after the date of
the receipt of the reports required under subsection (a),
subject to section 7, the Secretary shall use amounts made
available under section 8(b)(2) to provide grants to not more
than 6 States to carry out the programs and activities
described in subsection (a)(2).
(2) Amount.--The amount of a grant provided to a State
under this section shall be not more than $15,000,000.
(3) Basis.--The Secretary shall base the decision of the
Secretary to provide grants under this section on--
(A) the performance of the State in the programs
and activities carried out with grants provided under
section 4;
(B) the potential of the programs and activities
described in subsection (a)(2) to achieve the purposes
of this Act;
(C) the desirability of maintaining a total project
portfolio that is geographically and functionally
diverse;
(D) the amount of non-Federal funds that are
leveraged as a result of the grants to ensure that
Federal dollars are leveraged effectively;
(E) plans for continuation of the improvements
after the receipt of grants under this Act; and
(F) demonstrated effort by the State to involve
diverse groups, including--
(i) investor-owned, cooperative, and public
power utilities;
(ii) local governments; and
(iii) nonprofit organizations.
SEC. 6. ALLOCATION OF GRANTS TO INDIAN TRIBES.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall invite Indian tribes to submit plans
to participate in an electric and thermal energy productivity challenge
in accordance with this section.
(b) Submission of Plans.--To receive a grant under this section,
not later than 90 days after the date of issuance of the invitation
under subsection (a), an Indian tribe shall submit to the Secretary a
plan to increase electric and thermal energy productivity by the Indian
tribe.
(c) Decision by Secretary.--
(1) In general.--Not later than 90 days after the
submission of plans under subsection (b), the Secretary shall
make a final decision on the allocation of grants under this
section.
(2) Basis.--The Secretary shall base the decision of the
Secretary under paragraph (1) on--
(A) plans for improvement in electric and thermal
energy productivity consistent with this Act;
(B) plans for continuation of the improvements
after the receipt of grants under this Act; and
(C) other factors determined appropriate by the
Secretary, including--
(i) geographic diversity; and
(ii) size differences among Indian tribes.
(3) Limitation.--An individual Indian tribe shall not
receive more than 20 percent of the total amount available to
carry out this section.
SEC. 7. ADMINISTRATION.
(a) Independent Evaluation.--To evaluate program performance and
effectiveness under this Act, the Secretary shall consult with the
National Research Council regarding requirements for data and
evaluation for recipients of grants under this Act.
(b) Coordination With State Energy Conservation Programs.--
(1) In general.--Grants to States under this Act shall be
provided through additional funding to carry out State energy
conservation programs under part D of title III of the Energy
Policy and Conservation Act (42 U.S.C. 6321 et seq.).
(2) Relationship to state energy conservation programs.--
(A) In general.--A grant provided to a State under
this Act shall be used to supplement (and not supplant)
funds provided to the State under part D of title III
of the Energy Policy and Conservation Act (42 U.S.C.
6321 et seq.).
(B) Minimum funding.--A grant shall not be provided
to a State for a fiscal year under this Act if the
amount of funding provided to all State grantees under
the base formula for the fiscal year under part D of
title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.) is less than $50,000,000.
(c) Voluntary Participation.--The participation of a State in a
challenge established under this Act shall be voluntary.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $100,000,000 for the period of fiscal years 2016 and 2017.
(b) Allocation.--Of the total amount of funds made available under
subsection (a)--
(1) 30 percent shall be used to provide an initial
allocation of grants to States under section 4;
(2) 61 percent shall be used to provide a subsequent
allocation of grants to States under section 5;
(3) 4 percent shall be used to make grants to Indian tribes
under section 6; and
(4) 5 percent shall be available to the Secretary for the
cost of administration and technical support to carry out this
Act.
SEC. 9. 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 through
2015;
``(5) $150,000,000 for each of fiscal years 2016 and 2017;
and
``(6) $200,000,000 for fiscal year 2018.''.
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