[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1857 Reported in Senate (RS)]
<DOC>
Calendar No. 222
116th CONGRESS
1st Session
S. 1857
[Report No. 116-119]
To amend the National Energy Conservation Policy Act to improve Federal
energy and water performance requirements for Federal buildings and
establish a Federal Energy Management Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 2019
Ms. Murkowski (for herself, Mr. Manchin, Mr. Portman, Mrs. Shaheen, Mr.
Gardner, and Ms. Hirono) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
September 25, 2019
Reported by Ms. Murkowski, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To amend the National Energy Conservation Policy Act to improve Federal
energy and water performance requirements for Federal buildings and
establish a Federal Energy Management Program.
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 ``Federal Energy and Water Management
Performance Act of 2019''.
SEC. 2. ENERGY AND WATER PERFORMANCE REQUIREMENT FOR FEDERAL BUILDINGS.
(a) In General.--Section 543 of the National Energy Conservation
Policy Act (42 U.S.C. 8253) is amended--
(1) in the section heading, by inserting ``and water''
after ``energy'';
(2) in subsection (a)--
(A) in the subsection heading, by inserting ``and
Water'' after ``Energy'';
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.--Subject to paragraph (2), the head of
each Federal agency shall--
``(A) for each of fiscal years 2020 through 2030,
reduce average building energy intensity (as measured
in British thermal units per gross square foot) at
facilities of the agency by 2.5 percent each fiscal
year relative to the average building energy intensity
of the facilities of the agency in fiscal year 2018;
``(B) for each of fiscal years 2020 through 2030,
improve water use efficiency and management, including
stormwater management, at facilities of the agency by
reducing agency potable water consumption intensity--
``(i) by 54 percent by fiscal year 2030,
relative to the water consumption of the agency
in fiscal year 2007, through reductions of 2
percent each fiscal year (as measured in
gallons per gross square foot);
``(ii) by reducing the industrial,
landscaping, and agricultural water consumption
of the agency, as compared to a baseline of
that consumption by the agency in fiscal year
2010, through reductions of 2 percent each
fiscal year (as measured in gallons); and
``(iii) by installing appropriate
infrastructure features on federally owned
property to improve stormwater and wastewater
management; and water consumption intensity (as
measured in gallons per gross square foot)--
<DELETED> ``(i) by 54 percent by fiscal year
2030, relative to the water consumption of the
agency in fiscal year 2007; and</DELETED>
<DELETED> ``(ii) through reductions of 2
percent each fiscal year; and</DELETED>
``(C) to the maximum extent practicable, in
carrying out subparagraphs (A) and (B), take measures
that are life cycle cost effective (as defined in
subsection (f)(1)).'';
(C) in paragraph (2)--
(i) by striking ``(2) An agency'' and
inserting the following:
``(2) Energy and water intensive building exclusion.--An
agency''; and
(ii) in the first sentence, by inserting
``and water'' after ``energy'' each place it
appears; and
(D) by striking paragraph (3) and inserting the
following:
``(3) Recommendations.--Not later than December 31, 2029,
the Secretary shall--
``(A) review the results of the implementation of
the energy and water performance requirements
established under paragraph (1); and
``(B) submit to Congress recommendations concerning
energy and water performance requirements for fiscal
years 2031 through 2040.'';
(3) in subsection (b)--
(A) in the subsection heading, by inserting ``and
Water'' after ``Energy''; and
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.--Each agency shall--
``(A) not later than October 1, 2019, to the
maximum extent practicable, begin installing in Federal
buildings owned by the United States all energy and
water conservation measures determined by the Secretary
to be life cycle cost effective (as defined in
subsection (f)(1)); and
``(B) complete the installation described in
subparagraph (A) as soon as practicable after the date
referred to in that subparagraph.'';
(4) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``An agency'' and inserting ``The head
of each agency''; and
(ii) by inserting ``or water'' after
``energy'' each place it appears; and
(B) in subparagraph (B)(i), by inserting ``or
water'' after ``energy'';
(5) in subsection (d)(2), by inserting ``and water'' after
``energy'';
(6) in subsection (e)--
(A) in the subsection heading, by inserting ``and
Water'' after ``Energy'';
(B) in paragraph (1)--
(i) in the first sentence--
(I) by striking ``October 1, 2012''
and inserting ``October 1, 2020'';
(II) by inserting ``and water''
after ``energy''; and
(III) by inserting ``and water''
after ``electricity'';
(ii) in the second sentence, by inserting
``and water'' after ``electricity''; and
(iii) in the fourth sentence, by inserting
``and water'' after ``energy'';
(C) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``and'' before
``Federal''; and
(II) by inserting ``and any other
person the Secretary deems necessary,''
before ``shall'';
(ii) in subparagraph (B)--
(I) in clause (i)(II), by inserting
``and water'' after ``energy'' each
place it appears;
(II) in clause (ii), by inserting
``and water'' after ``energy''; and
(III) in clause (iv), by inserting
``and water'' after ``energy''; and
(iii) by adding at the end the following:
``(C) Update.--Not later than 180 days after the
date of enactment of this subparagraph, the Secretary
shall update the guidelines established under
subparagraph (A) to take into account water efficiency
requirements under this section.'';
(D) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``established under
paragraph (2)'' and inserting ``updated under paragraph
(2)(C)''; and
(E) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``this paragraph''
and inserting ``the Federal Energy and
Water Management Performance Act of
2019''; and
(II) by inserting ``and water''
before ``use in''; and
(ii) in subparagraph (B)(ii), in the matter
preceding clause (I), by inserting ``and
water'' after ``energy''; and
(7) in subsection (f)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
water'' before ``use''; and
(ii) in subparagraph (B)--
(I) by striking ``energy'' before
``efficiency''; and
(II) by inserting ``or water''
before ``use'';
(B) in paragraph (7)(B)(ii)(II), by inserting ``and
water'' after ``energy''; and
(C) in paragraph (9)(A), in the matter preceding
clause (i), by inserting ``and water'' after
``energy''.
(b) Conforming Amendment.--The table of contents for the National
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is
amended by striking the item relating to section 543 and inserting the
following:
``Sec. 543. Energy and water management requirements.''.
SEC. 3. FEDERAL ENERGY MANAGEMENT PROGRAM.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253) is amended by adding at the end the following:
``(h) Federal Energy Management Program.--
``(1) In general.--The Secretary shall establish a program,
to be known as the `Federal Energy Management Program'
(referred to in this subsection as the `Program'), to
facilitate the implementation by the Federal Government of
cost-effective energy and water management and energy-related
investment practices--
``(A) to coordinate and strengthen Federal energy
and water resilience; and
``(B) to promote environmental stewardship.
``(2) Program activities.--
``(A) Strategic planning and technical
assistance.--Under the Program, the Federal Director
appointed under paragraph (3)(A) (referred to in this
subsection as the `Federal Director') shall--
``(i) provide technical assistance and
project implementation support and guidance to
Federal agencies to identify, implement,
procure, and track energy and water
conservation measures required under this Act
and under other provisions of law (including
regulations);
``(ii) in coordination with the
Administrator of the General Services
Administration, establish appropriate
procedures, methods, and best practices for use
by Federal agencies to select, monitor, and
terminate contracts entered into under section
546 with utilities;
``(iii) in coordination with the Federal
Acquisition Regulatory Council, establish
appropriate procedures, methods, and best
practices for use by Federal agencies to
select, monitor, and terminate contracts
entered into under section 801 with energy
service contractors and utilities;
``(iv) establish and maintain internet-
based information resources and project
tracking systems and tools for energy and water
management;
``(v) coordinate comprehensive and
strategic approaches to energy and water
resilience planning for Federal agencies; and
``(vi) establish a recognition program for
Federal achievement in energy and water
management, energy-related investment
practices, environmental stewardship, and other
relevant areas, through events such as
individual recognition award ceremonies and
public announcements.
``(B) Energy and water management and reporting.--
Under the Program, the Federal Director shall--
``(i) track and report on the progress of
Federal agencies in meeting the requirements of
the agency under this section;
``(ii) make publicly available annual
Federal agency performance data required
under--
``(I) this section and sections 544
through 548; and
``(II) section 203 of the Energy
Policy Act of 2005 (42 U.S.C. 15852);
``(iii)(I) collect energy and water use and
consumption data from each Federal agency; and
``(II) based on that data, submit to each
Federal agency a report that will facilitate
the energy and water management, energy-related
investment practices, and environmental
stewardship of the agency in support of Federal
goals under this Act and under other provisions
of law (including regulations);
``(iv)(I) establish new Federal building
energy efficiency standards; and
``(II) in consultation with the
Administrator of the General Services
Administration, acting through the head of the
Office of High-Performance Green Buildings,
implement new establish and implement Federal
building sustainable design principles for new
Federal facilities;
``(v) manage the implementation of Federal
building energy efficiency standards and
sustainable design principles established under
section 305 of the Energy Conservation and
Production Act (42 U.S.C. 6834); and
``(vi) designate products that meet the
highest energy conservation standards for
categories not covered under the Energy Star
program established under section 324A of the
Energy Policy and Conservation Act (42 U.S.C.
6294a).
``(C) Federal policy coordination.--Under the
Program, the Federal Director shall--
``(i) develop and implement accredited
training consistent with existing Federal
programs and activities--
``(I) relating to energy and water
use, management, and resilience in
Federal buildings, energy-related
investment practices, and environmental
stewardship; and
``(II) that includes in-person
training, internet-based programs, and
national in-person training events;
``(ii) coordinate and facilitate energy and
water management, energy-related investment
practices, and environmental stewardship
through the Interagency Energy Management Task
Force established under section 547; and
``(iii) report on the implementation of the
priorities of the President, including
Executive orders, relating to energy and water
use in Federal buildings, in coordination
with--
``(I) the Office of Management and
Budget;
``(II) the Council on Environmental
Quality; and
``(III) any other entity, as
considered necessary by the Federal
Director.
``(D) Facility and fleet optimization.--Under the
Program, the Federal Director shall develop guidance,
supply assistance to, and track the progress of Federal
agencies--
``(i) in conducting portfolio-wide facility
energy and water resilience planning and
project integration;
``(ii) in building new construction and
major renovations to meet the sustainable
design and energy and water performance
standards required under this section;
``(iii) in developing guidelines for--
``(I) building commissioning; and
``(II) facility operations and
maintenance; and
``(iv) in coordination with the
Administrator of the General Services
Administration, in meeting statutory and agency
goals for Federal fleet vehicles.
``(3) Federal director.--
``(A) Appointment.--The Secretary shall appoint an
individual to serve as Federal Director of the Program,
which shall be a career position in the Senior
Executive service, to manage the Program and carry out
the activities of the Program described in paragraph
(2).
``(B) Duties.--The Federal Director shall--
``(i) oversee, manage, and administer the
Program;
``(ii) provide leadership in energy and
water management, energy-related investment
practices, and environmental stewardship
through coordination with Federal agencies and
other appropriate entities; and
``(iii) establish a management council to
advise the Federal Director that shall--
``(I) convene not less frequently
than once every quarter; and
``(II) consist of representatives
from--
``(aa) the Council on
Environmental Quality;
``(bb) the Office of
Management and Budget; and
``(cc) the Office of
Federal High-Performance Green
Buildings in the General
Services Administration.
``(4) Savings clause.--Nothing in this subsection impedes,
supersedes, or alters the authority of the Secretary to carry
out the remainder of this section or section 305 of the Energy
Conservation and Production Act (42 U.S.C. 6834).
``(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $36,000,000 for each of fiscal years 2020 through
2030.''.
Calendar No. 222
116th CONGRESS
1st Session
S. 1857
[Report No. 116-119]
_______________________________________________________________________
A BILL
To amend the National Energy Conservation Policy Act to improve Federal
energy and water performance requirements for Federal buildings and
establish a Federal Energy Management Program.
_______________________________________________________________________
September 25, 2019
Reported with amendments