[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2060 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2060
To amend the Energy Independence and Security Act of 2007 to fund job-
creating improvements in energy and resiliency for Federal buildings,
to enable a portfolio of clean buildings by 2030, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2021
Mr. Sarbanes (for himself, Mr. Welch, Ms. Norton, Ms. DeGette, Mr.
McNerney, Mrs. Hayes, Ms. Blunt Rochester, Mr. Raskin, Mr. Cardenas,
Ms. Matsui, and Mr. Nadler) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committees on Transportation and Infrastructure, Oversight and
Reform, Armed Services, Veterans' Affairs, and Homeland Security, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Energy Independence and Security Act of 2007 to fund job-
creating improvements in energy and resiliency for Federal buildings,
to enable a portfolio of clean buildings by 2030, 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.
This Act may be cited as the ``Federal Building Clean Jobs Act of
2021''.
SEC. 2. FEDERAL BUILDING LEASING.
(a) In General.--Section 435 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17091) is amended to read as follows:
``SEC. 435. LEASING.
``(a) Definition of Lessor.--In this section, the term `lessor'
means any individual, firm, partnership, limited liability company,
trust, association, State, unit of local government, or legal entity
that is the rightful owner of a property leased to the Federal
Government.
``(b) Leasing Requirements.--Except as provided in subsection (c),
effective beginning on the date that is 1 year after the date of
enactment of the Federal Building Clean Jobs Act of 2021, no Federal
agency shall enter into a contract to lease space unless--
``(1) the space is for a building or space in a building
that--
``(A) in the most recent year, has earned the
Energy Star label under the Energy Star program
established by section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a); and
``(B) has obtained or will obtain as a required
performance specification a green building
certification consistent with recommendations of the
Administrator of General Services based on the review
of high-performance building certification systems
carried out by the Administrator pursuant to section
436(h) (42 U.S.C. 17092(h)); and
``(2) the contract includes--
``(A) a requirement for the lessor of the building
to disclose data on consumption of utilities (energy
and water)--
``(i) for the portion of the building
occupied by the agency; and
``(ii) that is provided by the lessor
through submetering or an alternative method
identified by the Administrator for buildings
lacking submeters; and
``(B) 1 or more mechanisms to ensure that the
lessor of the building reasonably maintains the
requirements of the building described in paragraph
(1).
``(c) Waiver.--
``(1) In general.--Subject to paragraph (2), a Federal
agency may enter into a contract to lease space that does not
meet a requirement described in subparagraph (A) or (B) of
subsection (b)(1) if--
``(A) no other space is available that can meet
that requirement within a reasonable period and meet
the functional requirements of the agency, including
locational needs;
``(B) the agency proposes to remain in a building
or a space in a building--
``(i) that the agency has occupied
previously; and
``(ii) less than 50 percent of the leasable
space of which is leased by the Federal
Government;
``(C) the agency proposes to lease a building or
space in a building of historical, architectural, or
cultural significance (as defined in section 3306(a) of
title 40, United States Code); or
``(D) the lease is for not more than 10,000 gross
square feet of space in a building less than 50 percent
of the leasable space of which is leased by the Federal
Government.
``(2) Waiver approval.--
``(A) In general.--A Federal agency may enter into
a contract under paragraph (1) if--
``(i)(I) the agency submits a request to
the Federal Director of the Office of Federal
High-Performance Green Buildings indicating the
basis for the request under paragraph (1); and
``(II) the Federal Director of that
Office approves the request; and
``(ii) in the case of a waiver under
subparagraph (A), (B), or (C) of paragraph (1),
the contract includes the requirements
described in subparagraph (B)(ii), which--
``(I) in the case of a waiver under
subparagraph (A) of that paragraph,
shall be required to be implemented
prior to occupancy of the building or
space in the building by the Federal
agency; and
``(II) in the case of a waiver
under subparagraph (B) or (C) of that
paragraph, shall be required to be
implemented not later than 1 year after
the Federal agency signs the contract.
``(B) Contract requirements.--
``(i) Definition of nonbenchmarked space.--
In this subparagraph, the term `nonbenchmarked
space' means a building or space in a building
for which owners cannot access whole building
utility consumption data, including buildings--
``(I) that are located in States
that do not require utilities to
provide, and utilities do not provide,
such aggregated information to
multitenant building owners; and
``(II) the tenants of which do not
provide energy consumption information
to the commercial building owner in
response to a request from that owner.
``(ii) Requirements.--The requirements
referred to in subparagraph (A)(ii) are the
following:
``(I) The building or space in a
building--
``(aa) meets the
requirement described in
subsection (b)(1)(A); or
``(bb) is renovated for all
feasible energy efficiency and
conservation improvements that
will be cost effective over the
life of the lease (including
any negotiated optional
extensions or renewals of the
lease), including improvements
in lighting, windows, heating,
ventilation, and air
conditioning systems and
controls.
``(II) The building or space in a
building is--
``(aa) benchmarked under a
nationally recognized, online,
and free benchmarking program,
and the benchmark is publicly
disclosed; or
``(bb) a nonbenchmarked
space.
``(III) In the case of a building
or space in a building that is a
nonbenchmarked space, the Federal
agency provides to the building owner,
or authorizes the owner to obtain from
the utility, the energy consumption
data of the space to enable
benchmarking of the building.
``(C) Incorporation of assistance into lease.--In
the case of a contract to lease space that receives a
waiver under paragraph (1)(A), the Administrator may--
``(i) include in the relevant lease
procurement documents a statement about the
availability of financial incentives and
technical assistance under the pilot program
established under subsection (g); or
``(ii)(I) incorporate into the terms of the
lease with the lessor any financial incentive
or technical assistance provided to that lessor
under that pilot program; and
``(II) if subclause (I) is carried
out, extend the deadline required under
subparagraph (A)(ii)(I).
``(d) Revision of Federal Regulations.--Not later than 1 year after
the date of enactment of the Federal Building Clean Jobs Act of 2021,
the Administrator shall revise Part 102-73(c) of the Federal Management
Regulation and Part 570 of the General Services Administration
Acquisition Manual, as appropriate, to reflect the requirements of this
section.
``(e) Report.--The Administrator shall annually publish on the
website of the General Services Administration a report on the
aggregate compliance of all leased buildings and spaces in buildings
held by the General Services Administration with the most recent
version of the Guiding Principles for Sustainable Federal Buildings.
``(f) Compliance Improvement.--Not later than 180 days after the
date of enactment of the Federal Building Clean Jobs Act of 2021, the
Administrator shall develop and implement a policy to improve lessor
compliance with energy efficiency provisions of leases, including by
considering a variety of approaches.
``(g) Incentive Pilot Program.--
``(1) In general.--The Administrator shall establish a
pilot program to provide financial incentives for lessors to
achieve an Energy Star label under the Energy Star program
established by section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a) in a building--
``(A) in which space is leased to a Federal agency;
and
``(B)(i) in which the total space leased by the
Federal Government is less than 50 percent of the
leasable space of the building;
``(ii) that is of historical,
architectural, or cultural significance (as
defined in section 3306(a) of title 40, United
States Code); or
``(iii) for which a waiver is granted under
subsection (c)(1)(A).
``(2) Diversity.--In carrying out paragraph (1), the
Administrator shall ensure--
``(A) a diversity in the buildings and spaces owned
by lessors provided financial assistance under that
paragraph, including buildings with multiple, separate
leases that individually do not trigger requirements
under this Act; and
``(B) geographical diversity, including the
representation of rural areas.
``(3) Technical assistance.--The Administrator may provide
technical assistance, directly or through contracts, to lessors
receiving financial assistance under paragraph (1).
``(4) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator $50,000,000 to carry
out this subsection, to remain available until expended.''.
(b) Report on Realty Services.--Section 102(b) of the Better
Buildings Act of 2015 (42 U.S.C. 17062(b)) is amended by adding at the
end the following:
``(5) Report.--Not later than 180 days after the date of
enactment of the Federal Building Clean Jobs Act of 2021, the
Administrator shall submit to Congress, and make publicly
available on the website of the General Services
Administration, a report on the implementation of paragraph
(3), including--
``(A) the results of the policies and practices
described in that paragraph, including the number of
leases implementing the measures described in that
paragraph;
``(B) a description of any barriers to achieving
greater energy and water efficiency; and
``(C) recommendations to address those barriers.''.
SEC. 3. ENERGY AND WATER EFFICIENCY, NET-ZERO, AND ZERO EMISSION
VEHICLE INFRASTRUCTURE GOALS.
(a) In General.--Part 3 of Title V of the National Energy
Conservation Policy Act (Public Law 96-619; 92 Stat. 3277; 42 U.S.C.
8251 et seq.) is amended by adding after section 543 the following:
``SEC. 543A. 2030 ENERGY AND WATER EFFICIENCY GOALS.
``(a) Establishment.--Subject to subsections (b), (c), and (d), the
head of each agency shall, for each of fiscal years 2021 through 2030--
``(1) reduce average building energy intensity (as measured
in British thermal units per gross square foot) at the Federal
facilities of the agency by 2.5 percent each fiscal year so
that the average building energy intensity of such facilities
is reduced by 25 percent or greater by 2030, relative to the
average building energy intensity of the Federal facilities of
the agency in fiscal year 2018;
``(2) improve water use efficiency and management at
Federal facilities of the agency by reducing average potable
water consumption intensity (as measured in gallons per gross
square foot)--
``(A) by 54 percent by fiscal year 2030, relative
to the average water consumption of the Federal
facilities of the agency in fiscal year 2007; and
``(B) through reductions of 2 percent each fiscal
year;
``(3) reduce industrial, landscaping, and agricultural
water consumption at Federal facilities of the agency (as
measured in gallons)--
``(A) by 20 percent by fiscal year 2030, relative
to the industrial, landscaping, and agricultural water
consumption of Federal facilities of the agency in
fiscal year 2018; and
``(B) through reductions of 2 percent each fiscal
year; and
``(4) to the maximum extent practicable, carry out
paragraphs (1) through (3) in a manner that is lifecycle cost
effective.
``(b) Energy and Water Intensive Facility Exclusions.--
``(1) In general.--An agency may exclude from the
requirements under paragraph (1) or (2) of subsection (a), as
applicable, any Federal facility of the agency in which energy-
or water-intensive activities are carried out.
``(2) Report.--Each agency shall include in each report
submitted to the Secretary of Energy under section 548(a) of
the National Energy Conservation Policy Act (42 U.S.C. 8258(a))
a list identifying each Federal facility of the agency excluded
under paragraph (1) and a statement of whether the exclusion is
on the basis of energy-intensive activities, water-intensive
activities, or both energy- and water-intensive activities.
``(c) Alternative Metric for Measuring Potable Water Consumption
Intensity.--
``(1) In general.--The Administrator of General Services,
in consultation with the Secretary of Energy and the Secretary
of Defense, may develop for use by agencies an alternative
metric for measuring potable water consumption intensity under
subsection (a)(2), including by using occupancy, building use
type, or other attributes relevant to potable water use and
potential for efficiency.
``(2) Original metric.--If the Administrator develops an
alternative metric under paragraph (1), agencies shall not
cease tracking and reporting potable water consumption
intensity in gallons per gross square foot.
``(d) Definition.--The term `facility' shall have the meaning
established in section 543(f)(1)(C) of this title.
``(e) Requirements.--Agencies shall meet these goals with any
combination of appropriated funding, including operations and
maintenance funding, and non-federal sources of financing such as
public-private partnerships including through energy savings
performance contracts and other performance guaranteed mechanisms.
``SEC. 543B. NET-ZERO GOALS.
``(a) Definitions.--In this section:
``(1) Allowed carbon offset.--The term `allowed carbon
offset' means an allowed carbon offset as defined by the
Federal Director of the Office of Federal High-Performance
Green Buildings, in consultation with the Administrator of the
Environmental Protection Agency.
``(2) Allowed offsite renewable energy source.--The term
`allowed offsite renewable energy source' means an allowed
offsite renewable energy source as defined by the Federal
Director of the Office of Federal High-Performance Green
Buildings, in consultation with the Administrator of the
Environmental Protection Agency--
``(A) including requirements for district energy
systems, community sources, and purchase options; and
``(B) taking into consideration an efficiency-first
strategy, optimization of carbon impact, and ensuring
accountability.
``(3) Net-zero carbon.--
``(A) In general.--The term `net-zero carbon'
means, with respect to a highly energy-efficient
building (as determined by the Federal Director of the
Office of Federal High-Performance Green Buildings in
consultation with the Administrator of the
Environmental Protection Agency) or group of highly
energy-efficient buildings, a building or group of
buildings of which, for not less than 1 year, the
carbon emissions resulting from building operations, as
described in subparagraph (B), are equal to or less
than the carbon emissions reduced through renewable
energy or project offsets, as described in subparagraph
(C).
``(B) Carbon emissions from building operations.--
Carbon emissions resulting from building operations--
``(i) shall include carbon related to
energy consumption from onsite and offsite
sources; and
``(ii) may include other sources of
emissions, such as occupant transportation,
water, waste, refrigerants, and embodied carbon
of materials.
``(C) Carbon emissions reduced or offset.--Carbon
emissions reduced or offset--
``(i) shall include carbon associated with
exports of renewable energy generated on site
and substantiated with ownership of renewable
energy certificates; and
``(ii) may include allowed offsite
renewable energy sources substantiated with
renewable energy certificates and allowed
carbon offsets.
``(4) Net-zero energy.--
``(A) In general.--The term `net-zero energy'
means, with respect to a highly energy-efficient
building (as determined by the Federal Director of the
Office of Federal High-Performance Green Buildings), a
building for which, on a source energy basis, the
annual delivered energy is less than or equal to the
sum obtained by adding the onsite renewable exported
energy and the allowed offsite renewable energy
sources, which shall be substantiated with renewable
energy certificates.
``(B) Inclusion.--A highly energy-efficient
building is net-zero energy if it is located within a
group of buildings for which, when treated as a unit,
on a source energy basis, the annual delivered energy
is less than or equal to the sum obtained by adding the
onsite renewable exported energy and the allowed
offsite renewable energy sources, which shall be
substantiated with renewable energy certificates.
``(5) Net-zero waste building.--Unless otherwise defined by
the Federal Director of the Office of Federal High-Performance
Green Buildings, the term `net-zero waste building' means a
building operated to reduce, reuse, recycle, compost, or
recover solid waste streams that result in zero waste disposal
to landfills or incinerators (except for hazardous and medical
waste).
``(6) Net-zero water building.--
``(A) In general.--Unless otherwise defined by the
Federal Director of the Office of Federal High-
Performance Green Buildings, the term `net-zero water
building' means a building that--
``(i) maximizes alternative water sources;
``(ii) minimizes wastewater discharge; and
``(iii) returns water to the original water
source such that, for a 1-year period, the
water consumption volume is equivalent to the
sum obtained by adding the volume of
alternative water use and the water returned to
the original source during that 1-year period.
``(B) Inclusion.--A building is a net-zero water
building if it is located within a group of buildings
that, when treated as a unit, meet the requirements
described in clauses (i) through (iii) of subparagraph
(A).
``(7) Scope 1 greenhouse gas emissions.--The term `scope 1
greenhouse gas emissions' means direct emissions from sources
that are owned or controlled by the Federal agency, that cover
the following activities:
``(A) Generation of electricity.
``(B) Cooling or steam.
``(C) Mobile sources.
``(D) Fugitive emissions.
``(E) Process emissions.
``(8) Scope 2 greenhouse gas emissions.--The term `scope 2
greenhouse gas emissions' means indirect emissions resulting
from the generation of electricity, heat, or steam purchased by
a Federal agency.
``(b) Establishment.--Subject to subsection (c), the head of each
agency shall--
``(1) for each of fiscal years 2021 through 2030, reduce
aggregate portfolio-wide scope 1 greenhouse gas emissions and
scope 2 greenhouse gas emissions (as measured in MTCO2-
equivalents) at Federal facilities of the agency by at least 4
percent each fiscal year, so that the aggregate portfolio-wide
scope 1 greenhouse gas emissions and scope 2 greenhouse gas
emissions are reduced by not less than 40 percent by fiscal
year 2030 relative to the aggregate portfolio-wide scope 1
greenhouse gas emissions and scope 2 greenhouse gas emissions
at Federal facilities of the agency in fiscal year 2018; and
``(2) ensure that, in the case of the construction of a new
Federal facility with more than 10,000 gross square feet and
with an estimated total expenditure in excess of $1,500,000--
``(A) which is included, in part or in whole, in an
appropriation for fiscal years 2021 through 2025, not
less than 50 percent of cumulative gross floor area and
not less than 25 percent of cumulative building
projects are designed to perform as net-zero energy
buildings in operation, and, if feasible, net-zero
carbon buildings, net-zero water buildings, and net-
zero waste buildings;
``(B) which is included, in part or in whole, in an
appropriation for fiscal years 2026 through 2030, not
less than 90 percent of cumulative gross floor area and
not less than 45 percent of cumulative building
projects are designed to perform as net-zero energy
buildings in operation and, if feasible, net-zero
carbon buildings, net-zero water buildings, and net-
zero waste buildings; and
``(C) which is included, in part or in whole, in an
appropriation for fiscal year 2031 or any fiscal year
thereafter, not less than 100 percent of cumulative
gross floor area and not less than 100 percent of
cumulative building projects are designed to perform as
net-zero energy buildings in operation and, if
feasible, net-zero carbon buildings, net-zero water
buildings, and net-zero waste buildings.
``(c) Building Exclusion.--
``(1) In general.--An agency may exclude from the
requirements of subsection (b)(2) any new Federal facility of
the agency for which net-zero energy is technically infeasible.
``(2) Report.--The agency shall include in the report
submitted to the Secretary of Energy under section 548(a) of
the National Energy Conservation Policy Act (42 U.S.C. 8258(a))
a list identifying each Federal facility of the agency excluded
under paragraph (1).
``(d) Innovative Building Technologies.--In carrying out subsection
(b), each agency may use lifecycle cost effective (including the cost
of carbon) innovative building technologies, including onsite energy
storage, all-electric buildings, building-grid integration
technologies, electric construction vehicles, and other technologies,
including demonstration testing of technologies to achieve net-zero
energy and net-zero carbon buildings in new construction and retrofit
projects.
``(e) Relationship to Energy and Water Efficiency Goals.--In
implementing projects to meet greenhouse gas emissions reductions under
this section, agencies are encouraged to pursue comprehensive projects
that address the energy and water efficiency goals established in
section 543a in order to maximize results and decrease redundancy.
``SEC. 543C. DEEP ENERGY RETROFIT GOALS.
``(a) Definition of Deep Energy Retrofit Project.--In this section,
the term `deep energy retrofit project' means a project that--
``(1) reduces the energy consumption of a Federal facility
by not less than 35 percent as compared to the energy
consumption of the facility before the project;
``(2) moves a Federal facility toward net-zero energy (as
defined in section 543b); and
``(3) may include water efficiency and distributed energy
resources.
``(b) Establishment.--Subject to the availability of appropriated
funds, the head of each agency shall, for each of fiscal years 2021
through 2030, obligate funds for deep energy retrofit projects that, in
total, are carried out at not less than 3 percent of the Federal
facilities of the agency, which shall represent not less than 5 percent
of the total square footage of all Federal facilities of the agency.
``(c) Renovations.--The head of each agency shall--
``(1) seek to coordinate deep energy retrofit projects with
other building renovations and capital projects; and
``(2) in conducting preplanning for a prospective capital
project, evaluate the appropriateness, and the costs and
benefits, of including a deep energy retrofit project.
``SEC. 543D. ZERO EMISSION VEHICLE INFRASTRUCTURE GOALS.
``(a) Covered Agencies.--For purposes of this section, `covered
agencies' shall mean the U.S. General Services Administration, the
Department of Defense, the Department of Homeland Security, and the
Veteran's Administration.
``(b) Annual Goals.--The head of each covered agency shall--
``(1) develop annual goals for deployment of zero emission
vehicle infrastructure, including electric vehicle supply
equipment, at Federal facilities of the agency such that by
December 31, 2030, at least 50 percent of Federal facilities of
the agency with 200 or more daily employees and visitors offer
zero emission vehicle charging or fueling; and
``(2) develop guidance to ensure progress towards those
annual goals.
``(c) Plan.--Each covered agency shall prepare a detailed plan--
``(1) to achieve the goals described in subsection (b)(1);
``(2) that identifies particular facilities or campuses of
the agency as priority facilities or campuses, as applicable,
at which to achieve those goals, including by considering
demand for zero emission vehicle charging and fueling,
locations of zero emission vehicle fleets, locations relevant
to State zero emission vehicle charging and fueling needs,
geographical gaps in zero emission vehicle charging
infrastructure, availability of incentives, and other factors;
and
``(3) that includes a specific requirement that all
applicable electric vehicle supply equipment saves energy, for
which compliance with this requirement can only be met by
purchasing electric vehicle supply equipment that is ENERGY
STAR certified.
``(d) Inclusion in Projects.--Each covered agency shall, to the
maximum extent practicable, ensure that appropriate zero emission
vehicle infrastructure, including electric vehicle supply equipment and
electric vehicle infrastructure, are included in, with respect to a
Federal facility of the agency--
``(1) any prospectus or requested appropriation for a
construction, alteration, or lease project;
``(2) any prospectus or requested appropriation for an
alteration of a leased building;
``(3) any contract for parking lot paving or repaving; and
``(4) any other appropriate project.
``(e) Report.--Beginning not later than 2 years after the date of
enactment of this section, the head of each covered agency shall
include in the agency's annual sustainability report and implementation
plan information describing the progress made in meeting the goals
described in subsection (b)(1).''.
(b) Utility Incentive Programs.--Section 546(c)(1) of the National
Energy Conservation Policy Act (42 U.S.C. 8256(c)(1)) is amended by
inserting ``(including measures to support the use of zero emission
vehicles (as such term is defined section 400AA(g) of the Energy Policy
and Conservation Act (42 U.S.C. 6374(g)) or the fueling or charging
infrastructure necessary for such vehicles)'' after ``demand''.
(c) Energy Savings Performance Contracts.--
(1) Authority to enter contracts.--Section 801(a)(2)(B) of
the National Energy Conservation Policy Act (42 U.S.C.
8287(a)(2)(B)) is amended in the first sentence by inserting
``or petroleum'' after ``utilities''.
(2) Payment of costs.--Section 802 of the National Energy
Conservation Act (42 U.S.C. 8287a) is amended by inserting
``petroleum,'' after ``water,''.
(3) Definitions.--Section 804 of the National Energy
Conservation Policy Act (42 U.S.C. 8287c) is amended--
(A) in paragraph (2)--
(i) in subparagraph (D) by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (E) by striking the
period and inserting ``; or''; and
(iii) by adding at the end the following:
``(F) a reduction in the use of petroleum through
the use of zero emission vehicles or the fueling or
charging infrastructure necessary for zero emission
vehicles, including the use of contracts to support
zero emission vehicles or infrastructure.'';
(B) in paragraph (4)--
(i) in subparagraph (A) by striking ``;
or'' and inserting a semicolon;
(ii) in subparagraph (B) by striking the
period and inserting ``; or'' ; and
(iii) by adding at the end the following:
``(C) a measure to support the use of zero emission
vehicles or the fueling or charging infrastructure
necessary for zero emission vehicles, including the use
of contracts to support zero emission vehicles or
infrastructure.''; and
(C) by adding at the end the following:
``(5) Zero emission vehicle.--The term `zero emission
vehicle' has the meaning given such term in section 5312(e)(6)
of title 49, United States Code.''.
(d) Authorization of Appropriations and Priority.--
(1) There is authorized to be appropriated annually to the
General Services Administration $205,000,000, to remain
available until expended, to carry out sections 543b and 543c
of Part 3 of Title V of the National Energy Conservation Policy
Act (Public Law 96-619; 92 Stat. 3277; 42 U.S.C. 8251 et seq.).
(2) There is authorized to be appropriated annually to the
Department of Energy $4,098,000,000, to remain available until
expended, to provide grants under the authority of 42 U.S.C.
8256(b) to agencies to carry out sections 543b and 543c of Part
3 of Title V of the National Energy Conservation Policy Act
(Public Law 96-619; 92 Stat. 3277; 42 U.S.C. 8251 et seq.).
(3) Agencies may use such funds as may be appropriated
pursuant to paragraphs (1) and (2)--
(A) to initiate projects to enable agency progress
towards goals established in sections 543b and 543c of
Part 3 of Title V of the National Energy Conservation
Policy Act;
(B) to supplement project funding from other
appropriations and private sources to achieve greater
energy and water efficiency and greenhouse gas emission
reductions beyond those achievable under cost-effective
and minimum efficiency requirements;
(C) in conjunction with energy efficiency projects
or at highly efficient facilities, for onsite, campus,
or community renewable energy and energy storage and
other approaches to reduce total carbon footprints of
Federal facilities, including groups of facilities;
(D) to achieve embodied carbon reductions on new
construction and major renovation projects; and
(E) for the cost of additional employees,
contractors, and training needed to support those
goals.
(4) Private sector priority funding.--
(A) In general.--In carrying out sections 543a,
543b, and 543c of Part 3 of Title V of the National
Energy Conservation Policy Act, each agency shall
prioritize--
(i) projects using performance contracting;
(ii) projects using public-private
partnerships which include a performance
component that ensures effective use of funds,
lasting energy and cost savings; and
(iii) projects in which Federal funds will
be used to leverage private sector financing,
on the basis of analysis that ensures a maximum
beneficial use of private finance for the project.
(B) Goal.--Each agency shall establish annual goals
for the investment value of performance contracting and
other public-private partnerships, provided that such
goal shall be no less than 40 percent of funds
appropriated under subsections (1) and (2).
(5) Authorization of appropriation for zero emission
vehicle infrastructure.--
(A) There is authorized to be appropriated to the
General Services Administration $35,000,000, to remain
available until expended to carry out section 543d of
Part 3 of Title V of the National Energy Conservation
Policy Act (Public Law 96-619; 92 Stat. 3277; 42 U.S.C.
8251 et seq.). The Administration is encouraged to use
funds to leverage private sector financing if doing so
is advantageous to the Federal Government.
(B) There is authorized to be appropriated to the
Department of Energy $65,000,000, to remain available
until expended to provide grants under the authority of
section 546(b) of the National Energy Conservation
Policy Act (42 U.S.C. 8256(b)) to covered agencies to
carry out section 543d of Part 3 of Title V of the
National Energy Conservation Policy Act (Public Law 96-
619; 12 92 Stat. 3277; 42 U.S.C. 8251 et seq.). The
Department and covered agencies are encouraged to use
funds to leverage private sector financing if doing so
is advantageous to the Federal Government.
(e) Clerical Amendment.--The table of contents for Part 3 of Title
V of the National Energy Conservation Policy Act (Public Law 96-619; 92
Stat. 3277; 42 U.S.C. 8251 et seq.) is amended by adding after the item
relating to section 543 the following:
``Sec. 543a. Energy and water efficiency goals.
``Sec. 543b. Net-zero goals.
``Sec. 543c. Deep energy retrofit goals.
``Sec. 543d. Zero emission vehicle infrastructure goals.''.
SEC. 4. FEDERAL BUILDING IMPROVEMENTS.
Section 543(f)(4) of title V of the National Energy Conservation
Policy Act (42 U.S.C. 8253(f)(4)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
(2) by inserting after subparagraph (A) the following:
``(B) Additional energy efficiency improvements.--
The head of each agency shall carry out additional
energy efficiency improvements to Federal facilities of
the agency, including--
``(i) actionable energy projects identified
in an evaluation completed under paragraph (3)
prior to passage of the Energy Act of 2020 and
that are life-cycle cost-effective;
``(ii) additional measures to support the
goals of each of sections 543a through 543d of
the Energy Independence and Security Act of
2007 (Public Law 110-140);
``(iii) additional measures to support
activities under section 543e of the Energy
Independence and Security Act of 2007 (Public
Law 110-140); and
``(iv) combining projects to reduce cost,
administration, or implementation time, or
otherwise add value.''; and
(3) in subparagraph (C) (as so redesignated) by striking
``under subparagraph (A)(i)'' and inserting ``under
subparagraphs (A)(i) and (B)(i)''.
SEC. 5. RESILIENT AND HEALTHY BUILDINGS.
(a) In General.--Part 3 of Title V of the National Energy
Conservation Policy Act (Public Law 96-619; 92 Stat. 3277; 42 U.S.C.
8251 et seq.) (as amended by section 3(a)) is further amended by adding
at the end the following:
``SEC. 543E. RESILIENT AND HEALTHY BUILDINGS.
``(a) Definitions.--In this section:
``(1) Flood risk area.--
``(A) In general.--Subject to subparagraph (B), the
term `flood risk area' means--
``(i) an area delineated by an elevation of
2 feet above the 100-year floodplain; and
``(ii) an area delineated by an elevation
equal to the 500-year floodplain.
``(B) Climate science.--In applying the definition
of the term `flood risk area' for purposes of carrying
out this section, the head of each agency, other than
the Department of Defense, shall consider current
climate science in identifying the elevation of the
100-year and 500-year floodplain.
``(2) Resilience.--The term `resilience' means the ability
to adapt to changing conditions and withstand and rapidly
recover from disruption due to an emergency.
``(b) Flood Protection.--For any Federal building construction or
rehabilitation project administered by an agency other than the
Department of Defense, the agency shall--
``(1) determine whether there is a flood risk area in the
location of the project; and
``(2) in the case of a positive determination under
paragraph (1)--
``(A) to the extent possible, avoid new
construction in the flood risk area; and
``(B) if new construction cannot be avoided under
subparagraph (A)--
``(i) ensure that the new construction
will--
``(I) raise all essential services
5 feet above the applicable floodplain;
and
``(II) include a design for quick
recovery in a flooding event;
``(ii) rehabilitate existing buildings
located in the flood risk area to better
withstand flood risk; and
``(iii) develop a flood vulnerability
assessment and mitigation plan to protect life
and property.
``(c) Resilience Metrics.--The head of each agency shall--
``(1) pilot test metrics to measure and improve the
resilience of Federal facilities of the agency, including the
physical aspects of the facilities, the health and wellness of
occupants of the facilities, and communities and systems
serving or served by the facilities; and
``(2) in carrying out paragraph (1), consider emerging
resilience tools and rating systems for resilience, including
building-grid optimization.
``(d) Green Infrastructure.--Each agency shall prioritize the use
of appropriate green infrastructure features on federally owned
property of the agency--
``(1) to improve stormwater and wastewater management;
``(2) to alleviate onsite and offsite flooding and water
quality impacts; and
``(3) to reduce and mitigate risks of climate change to
Federal facilities and proximate communities.
``(e) Operating Buildings for Health.--
``(1) Metrics and data.--The Federal Director of the Office
of Federal High-Performance Green Buildings shall--
``(A) implement human-centric metrics and
measurement tools to improve the indoor environmental
qualities, including air and water quality, that
support improved health and wellness of Federal
employees; and
``(B) collect, manage, and analyze the data
generated by the metrics and tools implemented under
subparagraph (A).
``(2) Strategic plan.--Not later than 1 year after the date
of enactment of the Federal Building Clean Jobs Act of 2021,
the Federal Director of the Office of Federal High-Performance
Green Buildings shall develop and make publicly available a
strategic plan for the design, construction, and operation of
Federal facilities that--
``(A) is based on the data described in paragraph
(1)(B);
``(B) provides for implementation of priority
practices by the end of fiscal year 2022; and
``(C) may provide for phased implementation of
additional effective practices.
``(3) Administration.--In carrying out paragraphs (1) and
(2), the Federal Director of the Office of Federal High-
Performance Green Buildings shall--
``(A) consider emerging occupant-centric
environmental health monitoring tools and building
control systems for improved health and wellness,
including approaches such as measurement of accumulated
daily circadian light dosage, surveys of occupant
satisfaction and perceptions, assessments of physical
activity, social interaction, and mobility, and
measurement of reduced exposure to contaminants in air
and drinking water;
``(B) incorporate strategies to reduce risk of
transmission of viruses and other pathogens; and
``(C)(i) benchmark health and well-being management
performance to leadership standards; and
``(ii) include in certification activities
the strategies and performance measures
considered and used under this subsection as
tools to monitor and improve outcomes.
``(f) Guidance; Training.--The Federal Director of the Office of
Federal High-Performance Green Buildings, may issue guidance and
provide training to Federal agencies to implement the metrics and
priority practices included in the Strategic Plan developed under
subparagraph (e)(2) of this section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Federal Office of Federal High-Performance Green
Buildings $300,000,000 to carry out this section, to remain available
until expended.''.
(b) Clerical Amendment.--The table of contents for Part 3 of Title
V of the National Energy Conservation Policy Act (Public Law 96-619; 92
Stat. 3277; 42 U.S.C. 8251 et seq.) (as amended by section 3(b)) is
further amended by adding after the item relating to section 543d the
following:
``Sec. 543e. Resilient and healthy buildings.''.
SEC. 6. CONTRACTS FOR FEDERAL PURCHASES OF ENERGY.
(a) In General.--Part 3 of title V of the National Energy
Conservation Policy Act (42 U.S.C. 8251 et seq.) is amended by adding
at the end the following new section:
``SEC. 554. LONG-TERM CONTRACTS FOR ENERGY.
``(a) In General.--Notwithstanding section 501(b)(1)(B) of title
40, United States Code, an agency may enter into a contract for the
acquisition of energy generated and renewable energy certificates from
renewable energy sources or from cogeneration facilities covering a
period of not more than 30 years. In cases where a contract from a
renewable energy source does not include the associated renewable
energy certificates, the General Services Administration may secure as
part of the original contract the amount of replacement renewable
energy certificates for a period of equal term and quantity to match
the energy procurement contract.
``(b) Standardized Energy Purchase Agreement.--Not later than 90
days after the date of enactment of this section, the Secretary,
through the Federal Energy Management Program, shall publish a
standardized energy purchase agreement, setting forth commercial terms
and conditions, that agencies may use to acquire energy generated from
renewable energy sources or from cogeneration facilities.
``(c) Technical Assistance.--The Secretary shall provide technical
assistance to assist agencies in implementing this section.''.
(b) Table of Contents Amendment.--The table of contents for such
Act is amended by adding at the end of the items relating to such part
3 the following new item:
``Sec. 554. Long-term contracts for energy.''.
SEC. 7. RECOMMENDATIONS.
(a) Definition of Administrator.--In this section, the term
``Administrator'' means the Administrator of General Services, acting
through the Federal Director of the Office of High-Performance Green
Buildings.
(b) Sustainability and Resilience.--The Administrator, in
consultation with the Secretary of Health and Human Services, the
Secretary of Homeland Security, the Administrator of the Federal
Emergency Management Agency, the Secretary of Veterans Affairs, the
Administrator of the Environmental Protection Agency, the Secretary of
Energy, and the Chair of the Council on Environmental Quality, shall
develop recommendations for sustainability and resilience at hospitals
and health care facilities, including by--
(1) incorporating building and health sciences research
related to health and wellness;
(2) identifying relevant metrics;
(3) prioritizing proven strategies;
(4) referencing, as appropriate, criteria in the Guiding
Principles for Sustainable Federal Buildings; and
(5) developing corresponding recommended contract
provisions and other templates for use in procurement.
(c) Compliance With Guiding Principles for Sustainable Federal
Buildings.--The Administrator, in consultation with the Administrator
of the Environmental Protection Agency, the Director of the Federal
Energy Management Program, and the Chair of the Council on
Environmental Quality, shall develop recommendations for systems,
including customized Energy Star Portfolio Manager fields and
dashboards, for use by Federal facilities in tracking compliance and
progress of new and existing buildings with the Guiding Principles for
Sustainable Federal Buildings, including by considering--
(1) campus, installation, and portfolio approaches;
(2) suggested targets; and
(3) relevant metrics.
(d) Study on Federal Buildings Fund Lending Program.--Not later
than 1 year after the date of enactment of this Act, the Administrator
shall make publicly available a report that evaluates and describes the
potential efficacy, costs, and benefits of a program under which the
Administrator would--
(1) borrow funds from the Federal Buildings Fund for
building energy and water efficiency and resilience retrofits,
including through projects that use funds to leverage private
sector financing, including through energy savings performance
contracts; and
(2) repay the Federal Buildings Fund from utility savings.
(e) Annual Reporting on Leveraged Private Financing.--
(1) In general.--Section 548(b)(5) of the National Energy
Conservation Policy Act (42 U.S.C. 8258(b)) is amended--
(A) in subparagraph (A) by striking ``the status
of'' and all that follows through ``authority'' and
inserting the following:
``the status of the energy savings performance contracts, utility
energy service contracts, and other forms of public-private partnership
contracts that leverage private sector financing for energy efficiency
projects, of each agency, to the extent that the information is not
duplicative of information provided to the Secretary under a separate
authority'';
(B) in subparagraph (D) by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (E)(ii) by striking the period
and inserting a semicolon; and
(D) by adding at the end the following:
``(F) information reported pursuant to
subparagraphs (A) through (E) shall distinguish among
contract types;
``(G) the total estimated implementation costs and
estimated lifecycle cost savings of outstanding energy
conservation measures at facilities that meet the
criteria described in section 543(f)(2)(B) of the
National Energy Conservation Policy Act (42 U.S.C.
8253(f)(2)(B)); and
``(H) recommendations to increase the aggregate
benefits and value provided to the agency through
public-private partnerships with respect to energy
efficiency, renewable energy, and energy resilience.''.
(2) Annual plan.--For each of fiscal years 2021 through
2030, the head of each agency shall include a summary of the
information described in Section 548(b)(5) of the National
Energy Conservation Policy Act (42 U.S.C. 8258(b)(5)) in the
annual agency Sustainability Report and Implementation Plan.
(f) Coordination.--The heads of agencies are encouraged to carry
out this Act and the amendments made by this Act in collaboration with
States, including by--
(1) sharing resources and providing technical advice to
States regarding net-zero buildings and carbon reducing
technologies;
(2) coordinating with multistate organizations on charging
infrastructure technology, procurement, and strategic locations
relating to zero-emission vehicles;
(3) allowing State officials to participate in appropriate
training opportunities; and
(4) coordinating with States on renewable energy
procurement benefitting a Federal facility and local
communities.
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