[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 832 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 832
To amend the Energy Independence and Security Act of 2007 to fund job-
creating improvements in energy and resiliency for Federal buildings
managed by the General Services Administration, to enable a portfolio
of clean buildings by 2030, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 18, 2021
Mr. Cardin introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Energy Independence and Security Act of 2007 to fund job-
creating improvements in energy and resiliency for Federal buildings
managed by the General Services Administration, 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 ``GSA Resilient, Energy Efficient, and
Net-Zero Building Jobs Act of 2021'' or the ``GREEN Building 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.--
``(1) In general.--Except as provided in subsection (c),
effective beginning on the date that is 1 year after the date
of enactment of the GREEN Building Jobs Act of 2021, no Federal
agency shall enter into a contract to lease space unless--
``(A) the space is for a building or space in a
building that--
``(i) 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
``(ii) has obtained or will obtain as a
required performance specification a green
building certification consistent with
recommendations of the Administrator based on
the review of high-performance building
certification systems carried out by the
Administrator pursuant to section 436(h); and
``(B) the contract includes--
``(i) 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
``(ii) 1 or more mechanisms to ensure that
the lessor of the building takes reasonable
steps to maintain the requirements of the
building described in subparagraph (A).
``(2) Location.--In determining the geographic location of
a space to lease under paragraph (1), the Administrator shall
not use as a criterion the presence or absence of buildings in
that location that have an Energy Star label described in
paragraph (1)(A)(i) or a green building certification described
in paragraph (1)(A)(ii).
``(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 clause (i) or (ii) of
subsection (b)(1)(A) 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)(i); 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 optional and reasonably
anticipated 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 GREEN Building 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 GREEN Building 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 the pilot program
established under 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.--As part of the pilot program
established under paragraph (1), the Administrator may provide
technical assistance, directly or through contracts, to lessors
receiving financial assistance under that pilot program.
``(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 90 days after the date of
enactment of the GREEN Building 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.--Subtitle C of title IV of the Energy Independence
and Security Act of 2007 (Public Law 110-140; 121 Stat. 1607) is
amended by adding at the end the following:
``SEC. 442. ENERGY AND WATER EFFICIENCY GOALS.
``(a) Establishment.--Subject to subsections (b), (c), and (d), the
Administrator 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 GSA
facilities by 2.5 percent each fiscal year so that the average
building energy intensity of GSA facilities is reduced by 25
percent or greater by 2030, relative to the average building
energy intensity of GSA facilities in fiscal year 2018;
``(2) improve water use efficiency and management at GSA
facilities 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 GSA facilities in
fiscal year 2007; and
``(B) through reductions of 2 percent each fiscal
year;
``(3) reduce industrial, landscaping, and agricultural
water consumption at GSA facilities (as measured in gallons)--
``(A) by 20 percent by fiscal year 2030, relative
to the industrial, landscaping, and agricultural water
consumption of GSA facilities 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.--The Administrator may exclude from the
requirements under paragraph (1) or (2) of subsection (a), as
applicable, any GSA facility in which energy- or water-
intensive activities are carried out.
``(2) Report.--The Administrator shall include in the
report submitted to the Secretary under section 548(a) of the
National Energy Conservation Policy Act (42 U.S.C. 8258(a)) a
list identifying each GSA facility 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 may develop 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), the Administrator shall
not cease tracking and reporting potable water consumption
intensity in gallons per gross square foot.
``(d) Stringent Goals.--In the case of a conflict between a goal
established under subsection (a) and a Federal energy or water
intensity goal established pursuant to any other Federal law with
respect to GSA facilities, the Administrator shall apply the more
stringent goal.
``(e) Private Sector Financing Priority.--
``(1) In general.--In carrying out this section, the
Administrator shall prioritize projects in which Federal funds
will be used to leverage private sector financing using public-
private partnerships, including through energy savings
performance contracts and other mechanisms.
``(2) Analysis.--The Administrator shall select priority
projects under paragraph (1) on the basis of analysis that
ensures a maximum beneficial use of private finance for the
project.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $500,000,000 to carry out this
section and section 443, to remain available until expended,
including--
``(1) to supplement project budgets beyond cost-effective
and minimum efficiency requirements;
``(2) for onsite or community renewable energy and energy
storage and other approaches to reduce total carbon footprints
of GSA facilities;
``(3) to achieve embodied carbon reductions on new
construction and major renovation projects; and
``(4) for pilot testing of new construction and retrofit
technologies that may help achieve net-zero energy and net-zero
carbon (as those terms are defined in section 443(a)).
``SEC. 443. 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 Administrator 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 or offset, 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--
``(I) associated with exports of
renewable energy generated on site; and
``(II) substantiated with ownership
of renewable energy certificates; and
``(ii) may include--
``(I) allowed offsite renewable
energy sources substantiated with
renewable energy certificates; and
``(II) 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 Administrator in
consultation with the Administrator of the
Environmental Protection Agency), 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, as 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, as 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 a Federal agency, including--
``(A) emissions from generation of electricity;
``(B) emissions from combustion of fuel for
heating, cooling, or steam;
``(C) emissions from mobile sources;
``(D) fugitive emissions; and
``(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 Administrator
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 GSA facilities 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 GSA
facilities in fiscal year 2018; and
``(2) ensure that, in the case of the construction of a new
GSA facility with more than 10,000 gross square feet--
``(A) for which a prospectus is submitted during
the period of 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) for which a prospectus is submitted during
the period of 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) for which a prospectus is submitted in 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.--The Administrator may exclude from the
requirements of subsection (b)(1) any new GSA facility for
which net-zero energy is technically infeasible.
``(2) Report.--The Administrator shall include in the
report submitted to the Secretary under section 548(a) of the
National Energy Conservation Policy Act (42 U.S.C. 8258(a)) a
list identifying each GSA facility excluded under paragraph
(1).
``(d) Innovative Building Technologies.--In carrying out subsection
(b), the Administrator 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.
``(e) Private Sector Financing Priority.--In carrying out
renovation projects under this section, the Administrator shall
prioritize projects in which Federal funds will be used to leverage
private sector financing using public-private partnerships, including
through energy savings performance contracts and other mechanisms.
``(f) Funds.--The Administrator shall use a portion of the funds
made available under section 442(f) to carry out this section.
``SEC. 444. ZERO EMISSION VEHICLE INFRASTRUCTURE GOALS.
``(a) Annual Goals.--The Administrator shall--
``(1) develop annual goals for deployment of zero emission
vehicle infrastructure, including electric vehicle supply
equipment, at GSA facilities such that by December 31, 2030, at
least 50 percent of GSA facilities 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.
``(b) Plan.--The Administrator shall prepare a detailed plan--
``(1) to achieve the goals described in subsection (a)(1);
and
``(2) that--
``(A) identifies particular GSA facilities or
campuses 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 of the General Services Administration
and tenant Federal agencies, 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
``(B) includes a requirement that all applicable
electric vehicle supply equipment is certified under
the Energy Star program established by section 324A of
the Energy Policy and Conservation Act (42 U.S.C.
6294a).
``(c) Inclusion in Projects.--The Administrator 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 GSA
facility--
``(1) any prospectus for a construction, alteration, or
lease project;
``(2) any prospectus for an alteration of a leased
building;
``(3) any contract for parking lot paving or repaving; and
``(4) any other appropriate project.
``(d) Private Sector Financing.--In carrying out this section, the
Administrator is encouraged to use funds to leverage private sector
financing if doing so is advantageous to the General Services
Administration.
``(e) Report.--Not later than 2 years after the date of enactment
of this section, the Administrator shall submit to Congress a report
describing the progress made in meeting the goals described in
subsection (a)(1).
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $50,000,000--
``(1) to achieve the zero emission vehicle infrastructure
goals developed under subsection (a)(1), including through
projects in support of those goals; and
``(2) for the cost of any additional employees,
contractors, and training needed to support those goals.
``SEC. 445. 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 GSA facility by
not less than 35 percent as compared to the energy consumption
of the GSA facility before the project;
``(2) moves a facility toward net-zero energy (as defined
in section 443(a)); and
``(3) may include water efficiency and distributed energy
resources.
``(b) Establishment.--Subject to the availability of appropriated
funds, the Administrator 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 GSA facilities, which
shall represent not less than 5 percent of the total square footage of
all GSA facilities.
``(c) Renovations.--The Administrator 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.
``(d) Private Sector Financing Priority.--
``(1) In general.--In carrying out this section, the
Administrator shall prioritize projects in which Federal funds
will be used to leverage private sector financing using public-
private partnerships, including through energy savings
performance contracts and other mechanisms.
``(2) Analysis.--The Administrator shall select priority
projects under paragraph (1) on the basis of analysis that
ensures a maximum beneficial use of private finance for the
project.''.
(b) Clerical Amendment.--The table of contents for the Energy
Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
1494) is amended by adding after the item relating to section 441 the
following:
``Sec. 442. Energy and water efficiency goals.
``Sec. 443. Net-zero goals.
``Sec. 444. Zero emission vehicle infrastructure goals.
``Sec. 445. Deep energy retrofit goals.''.
SEC. 4. RESILIENT AND HEALTHY BUILDINGS.
(a) In General.--Subtitle C of title IV of the Energy Independence
and Security Act of 2007 (Public Law 110-140; 121 Stat. 1607) (as
amended by section 3(a)) is amended by adding at the end the following:
``SEC. 446. 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 Administrator 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 construction or rehabilitation
project administered by the Administrator, the Administrator 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 Administrator shall--
``(1) pilot test metrics to measure and improve the
resilience of GSA facilities, 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.--The Administrator shall prioritize the
use of appropriate green infrastructure features on federally owned
property--
``(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 GSA
facilities and proximate communities.
``(e) Operating Buildings for Health.--
``(1) Metrics and data.--The Administrator 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 GREEN Building Jobs Act of 2021, the
Administrator shall develop and make publicly available a
strategic plan for the design, construction, and operation of
GSA 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 Administrator 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 Administrator, acting through the
Federal Director of the Office of Federal High-Performance Green
Buildings, may issue guidance and provide training to implement this
section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $300,000,000 to carry out this
section, to remain available until expended.''.
(b) Clerical Amendment.--The table of contents for the Energy
Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
1494) (as amended by section 3(b)) is amended by adding after the item
relating to section 445 the following:
``Sec. 446. Resilient and healthy buildings.''.
SEC. 5. FEDERAL BUILDING IMPROVEMENTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) GSA facility.--The term ``GSA facility'' has the
meaning given the term in section 401 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17061).
(b) Energy Efficiency Improvements.--
(1) In general.--The Administrator shall carry out energy
efficiency improvements to GSA facilities, including--
(A) actionable energy projects--
(i) identified in the most recent energy
and water evaluation for a facility conducted--
(I) under section 543(f)(3) of the
National Energy Conservation Policy Act
(42 U.S.C. 8253(f)(3)); and
(II) prior to 2020; and
(ii) that are life-cycle cost-effective;
(B) additional measures to support the goals of
each of sections 442 through 444 of the Energy
Independence and Security Act of 2007 (Public Law 110-
140);
(C) additional measures to support activities under
section 445 of the Energy Independence and Security Act
of 2007 (Public Law 110-140); and
(D) combining projects to reduce cost,
administration, or implementation time, or otherwise
add value.
(2) Leveraging private sector funds.--
(A) In general.--In carrying out improvements under
paragraph (1) in a fiscal-year period, the
Administrator shall, to the maximum extent practicable,
use not less than the amount made available under
paragraph (3) for that fiscal year to leverage private
sector financing using public-private partnerships,
including through energy savings performance contracts
and other mechanisms.
(B) Performance requirement.--Any public-private
partnership entered into pursuant to subparagraph (A)
shall include a performance component that ensures
effective use of funds, lasting energy and cost
savings, and job creation.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $1,000,000,000, to remain available until expended.
SEC. 6. LONG-TERM CONTRACTS FOR RENEWABLE ENERGY.
(a) Definitions.--In this section:
(1) Cogeneration facility.--The term ``cogeneration
facility'' has the meaning given the term in section 3 of the
Federal Power Act (16 U.S.C. 796).
(2) Renewable energy source.--The term ``renewable energy
source'' has the meaning given the term ``renewable energy'' in
section 203(b) of the Energy Policy Act of 2005 (42 U.S.C.
15852(b)).
(b) Contracts.--
(1) In general.--The Administrator of General Services may
enter into a contract for the acquisition of energy generated
from renewable energy sources or from cogeneration facilities.
(2) Renewable energy certificates.--In entering into a
contract under paragraph (1), the Administrator of General
Services shall--
(A) include in the contract the acquisition of
renewable energy certificates; or
(B) secure by other means renewable energy
certificates of equal term and quantity to the term and
quantity of energy procured under the contract.
(3) Term of contract.--Notwithstanding section 501(b)(1)(B)
of title 40, United States Code, the term of a contract entered
into under this subsection shall be not more than 30 years.
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.
SEC. 8. STUDY ON FEDERAL BUILDINGS FUND LENDING PROGRAM.
Not later than 1 year after the date of enactment of this Act, the
Administrator of General Services, acting through the Federal Director
of the Office of High-Performance Green Buildings (referred to in this
section as 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.
SEC. 9. ANNUAL REPORTING ON LEVERAGED PRIVATE FINANCING.
(a) In General.--For each of fiscal years 2021 through 2030, the
Administrator of General Services, acting through the Federal Director
of the Office of High-Performance Green Buildings (referred to in this
section as the ``Administrator''), shall include the information
described in subsection (b)--
(1) in the annual report submitted to the Secretary of
Energy pursuant to section 548(a) of the National Energy
Conservation Policy Act (42 U.S.C. 8258(a));
(2) as a summary in the annual report prepared by the
Administrator pursuant to section 527 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17143); and
(3) as a summary in the annual General Services
Administration Sustainability Report and Implementation Plan.
(b) Information.--The information referred to in subsection (a) is,
with respect to the fiscal year covered by a report--
(1) the investment value and number of energy savings
performance contracts entered into by the Administrator;
(2) the investment value and number of other forms of
public-private partnerships that leverage private sector
financing entered into by the Administrator for energy
efficiency projects;
(3) for each of the 2 fiscal years following the fiscal
year covered by the report, the projected value and number
described in each of paragraphs (1) and (2);
(4) 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
(5) recommendations to increase the aggregate benefits and
value provided to the General Services Administration through
public-private partnerships with respect to energy efficiency,
renewable energy, and energy resilience.
SEC. 10. COORDINATION WITH STATES.
The Administrator of General Services, acting through the Federal
Director of the Office of High-Performance Green Buildings, is
encouraged to carry out this Act and the amendments made by this Act in
coordination 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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