Text: H.R.5280 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (05/12/2010)


111th CONGRESS
2d Session
H. R. 5280


To amend title 10, United States Code, to reform Department of Defense energy policy, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

May 12, 2010

Ms. Giffords introduced the following bill; which was referred to the Committee on Armed Services


A BILL

To amend title 10, United States Code, to reform Department of Defense energy policy, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title; table of contents.

(a) Short title.—This Act may be cited as the “Department of Defense Energy Security Act of 2010”.

(b) Table of contents.—The table of contents for this Act is as follows:


Sec. 1. Short title; table of contents.

Sec. 2. Consideration of Department of Defense energy performance plan in other Department of Defense planning.

Sec. 3. Procurement preference for goods and services derived using sustainable practices.

Sec. 4. Renewable energy generation sources for Department of Defense energy needs.

Sec. 5. Consideration of environmentally sustainable practices in Department energy performance plan.

Sec. 6. Application of requirements regarding use of renewable forms of energy and energy efficient products to contractors operating Government-owned facilities and tenants and concessionaires.

Sec. 7. Funding for energy conservation projects.

Sec. 8. Improved building efficiency for Department of Defense facilities.

Sec. 9. Conversion of Department of Defense fleet of non-tactical motor vehicles to electric and hybrid motor vehicles.

Sec. 10. Research and development activities to incorporate hybrid-drive technology into current and future tactical fleet of military ground vehicles.

Sec. 11. Development of biofuel derived from materials that do not compete with food stocks and is suitable for use as aviation fuel.

Sec. 12. Implementation.

Sec. 13. Waiver authority.

SEC. 2. Consideration of Department of Defense energy performance plan in other Department of Defense planning.

Section 2911(b) of title 10, United States Code, is amended—

(1) by inserting “(1)” before “The Secretary”; and

(2) by adding at the end the following new paragraph:

“(2) The energy performance plan shall be taken into consideration in the development of the following:

“(A) The National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 404a).

“(B) The annual report of the Secretary of Defense submitted to the President and Congress pursuant to section 113 of this title.

“(C) The Quadrennial Defense Review conducted by the Secretary of Defense pursuant to section 118 of this title and the national defense strategy delineated as part of that review.

“(D) The national military strategy prescribed by the Chairman of the Joint Chiefs of Staff under section 153 of this title.”.

SEC. 3. Procurement preference for goods and services derived using sustainable practices.

(a) Conversion required.—Subchapter II of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2922g. Procurement preference for goods and services derived using sustainable practices

“(a) General preference.—In the acquisition of goods and services, the Secretary of each military department and the head of each defense agency shall give a preference to goods and services produced using, or otherwise utilizing, sustainable environmental practices, including goods and services that are environmentally preferable, energy-efficient, water-efficient, and contain recycled content.

“(b) Preference for post-Consumer content paper.—Except as specifically exempted by the Secretary concerned, all paper used by the Department of Defense shall contain at least 30 percent post-consumer fiber content.”.

(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:


“2922g. Procurement preference for goods and services derived using sustainable practices.”.

SEC. 4. Renewable energy generation sources for Department of Defense energy needs.

(a) Department of defense renewable energy goal.—Section 2911(e) of title 10, United States Code, is amended—

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(2) by inserting “(1)” before “It shall”; and

(3) by adding at the end the following new paragraphs:

“(2) Of the amounts of electric energy produced or procured from renewable energy sources to achieve the goals in section 203(a) of the Energy Policy Act of 2005 (42 U.S.C. 15852(a)) for fiscal year 2011 and each subsequent fiscal year, and in paragraph (1)(A)—

“(A) at least 50 percent shall be produced or procured from renewable energy sources that became fully operational after January 1, 1999; and

“(B) at least 20 percent shall be produced or procured from renewable energy sources that became fully operational after September 30, 2009.

“(3) Not later than 90 days after the date of the enactment of this paragraph, the Secretary shall submit to Congress an implementation plan for meeting the goals described in paragraph (2) in conformance with the requirements of that paragraph.”.

SEC. 5. Consideration of environmentally sustainable practices in Department energy performance plan.

Section 2911(c) of title 10, United States Code, is amended—

(1) in paragraph (4), by inserting “and hybrid-electric drive” after “alternative fuels”;

(2) by redesignating paragraph (9) as paragraph (11) and paragraphs (5) through (8) as paragraphs (6) through (9), respectively;

(3) by inserting after paragraph (4) the following new paragraph:

“(5) Opportunities for the high-performance construction, lease, operation, and maintenance of buildings.”; and

(4) by inserting after paragraph (9) (as redesignated by paragraph (2)) the following new paragraph:

“(10) The value of incorporating electric, hybrid-electric, and high-efficiency vehicles into vehicle fleets.”.

SEC. 6. Application of requirements regarding use of renewable forms of energy and energy efficient products to contractors operating Government-owned facilities and tenants and concessionaires.

Section 2915 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(f) Application to contractors operating government-Owned facilities and tenants and concessionaires.—(1) The Secretary of Defense shall require that any contract described in paragraph (2) entered into by the Secretary of a military department or the head of a defense agency after September 30, 2010, include a provision requiring the non-Federal party to the contract to comply with the requirements of this section regarding use of renewable forms of energy and energy efficient products.

“(2) Paragraph (1) applies to the following contracts:

“(A) A contract providing for contractor operation of a Government-owned facility of the Department of Defense.

“(B) A contract involving a permit, lease, license, or other legally binding obligation between the Department and a tenant or concessionaire.

“(3) The Secretary of Defense may authorize an exception to paragraph (1) on a contract-by-contract basis.”.

SEC. 7. Funding for energy conservation projects.

(a) Authorization To obligate funds.—The Secretary of Defense may obligate, from amounts appropriated pursuant to the authorization of appropriations in section 2403 of the Military Construction Authorization for Fiscal Year 2011 to carry out energy conservation projects, $180,000,000 to carry out energy conservation projects under chapter 173 of title 10, United States Code, to accelerate implementation of the energy performance plan of the Department of Defense and achievement of the energy performance goals established under section 2911 of such title.

(b) Authorization of appropriations To compensate for deficiency.—There is authorized to be appropriated to the Secretary of Defense an amount equal to the difference between—

(1) the amount that may be obligated by the Secretary of Defense under subsection (a); and

(2) the amount appropriated pursuant to the authorization of appropriations in section 2403 of the Military Construction Authorization for Fiscal Year 2011 to carry out energy conservation projects.

SEC. 8. Improved building efficiency for Department of Defense facilities.

(a) Insulation retrofitting assessment.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress an assessment of—

(1) the potential for improving the insulation of Department of Defense facilities; and

(2) the savings that would be generated by retrofitting, to improve insulation, all Department facilities that are not scheduled for replacement under the future-years defense program submitted to Congress during fiscal year 2011 under section 221 of title 10, United States Code.

(b) Energy and water evaluations.—

(1) EVALUATIONS REQUIRED.—Energy managers for Department of Defense facilities shall complete an annual comprehensive energy and water evaluation for at least 25 percent of the Department facilities. Each Department facility shall be evaluated at least once every four years.

(2) ELEMENTS.—An evaluation shall, with respect to each facility—

(A) identify, through means including a recommissioning or retrocommissioning process, measures to improve the energy and water efficiency of the facility, including the efficiency of—

(i) lighting, heating, ventilating, and air-conditioning systems;

(ii) combined heat and power systems; and

(iii) the building envelope (including insulation, roofing, and windows); and

(B) assess the feasibility and life cycle cost-effectiveness of—

(i) implementing the measures identified in subparagraph (A); and

(ii) providing on-site renewable electricity generation.

(3) IMPLEMENTATION OF IDENTIFIED ENERGY AND WATER EFFICIENCY MEASURES.—Not later than two years after the completion of each evaluation under this subsection, the energy manager shall—

(A) implement any measure assessed under clause (i) or (ii) of paragraph (2)(B) to be feasible and life cycle cost-effective; and

(B) in implementing measures under subparagraph (A), bundle individual measures of varying paybacks together into combined projects.

(4) FOLLOW-UP ON IMPLEMENTED MEASURES.—For each measure implemented under paragraph (3), the energy manager shall ensure that—

(A) equipment, including building and equipment controls, is fully commissioned at acceptance to be operating at design specifications;

(B) a plan for appropriate operations, maintenance, and repair of the equipment is in place at acceptance and is followed;

(C) equipment and system performance is measured during its entire life to ensure proper operations, maintenance, and repair; and

(D) energy and water savings are measured and verified.

(5) CERTAIN FACILITIES EXEMPTED.—This subsection does not apply to facilities that are scheduled for replacement under the future-years defense program submitted to Congress during fiscal year 2011 under section 221 of title 10, United States Code.

(6) LIFE CYCLE COST-EFFECTIVE DEFINED.—In this subsection, the term “life cycle cost-effective”, with respect to a measure, means a measure, the estimated net savings of which (including savings in estimated energy and water costs and operations, maintenance, repair, replacement, and other direct costs) exceed the estimated costs, including the cost of the initial implementation of the measure but not financing costs, over the lifespan of the measure. The Secretary of Defense may make such modifications and provide such exceptions to the calculation of the payback period of a measure as the Secretary determines to be appropriate to achieve the purposes of this Act.

(7) AUTHORIZATION TO OBLIGATE FUNDS.—The Secretary of Defense may obligate, from funds appropriated pursuant to the authorization of appropriations for operation and maintenance in section 301 of the Military Construction Authorization for Fiscal Year 2011, such sums as are necessary to carry out this subsection.

(8) RULE OF CONSTRUCTION.—This subsection shall not be construed to require or to obviate any contractor savings guarantees.

(9) COMMENCEMENT.—The requirement imposed by this subsection shall commence 180 days after the date of enactment of this Act.

(c) Installation of high-Efficiency insulation on facilities at forward operating locations.—The Secretary of each military department shall require the installation of high-efficiency insulation on any climate-controlled structure at a forward operating location of the Armed Forces under the jurisdiction of the Secretary if the Secretary determines that inclusion of high-efficiency insulation will result in a reduction in energy use and will be life cycle cost-effective.

(d) Goal To develop on-Site renewable electricity generation.—In the case of all new construction initiated after September 30, 2020, the Secretary of Defense shall ensure that, with respect to the total estimated energy to be consumed by all new facilities funded in a fiscal year, at least 20 percent of the energy is derived from renewable electricity generation occurring on the parcels on which new facilities will be located.

SEC. 9. Conversion of Department of Defense fleet of non-tactical motor vehicles to electric and hybrid motor vehicles.

(a) Conversion required.—

(1) IN GENERAL.—Subchapter II of chapter 173 of title 10, United States Code, is amended by inserting after section 2922c the following new section:

§ 2922c-1. Conversion of Department of Defense non-tactical motor vehicle fleet to motor vehicles using electric or hybrid propulsion systems

“(a) Deadline for conversion.—Not later than September 30, 2015, the Secretary of each military department and the head of each defense agency shall convert the fleet of non-tactical motor vehicles of the department or defense agency that is powered by petroleum-derived fuel to motor vehicles using—

“(1) electric propulsion;

“(2) hybrid propulsion; or

“(3) an alternative propulsion system with at least a 30 percent net increase in energy efficiency per vehicle over the conventional propulsion system.

“(b) Preference.—To comply with the deadline specified in subsection (a), in procuring motor vehicles for use by a military department or defense agency after the date of the enactment of this section, the Secretary of the military department or the head of the defense agency shall provide a preference for the procurement of non-tactical motor vehicles with a propulsion system described in paragraph (1), (2), or (3) of subsection (a), including plug-in hybrid systems, if the motor vehicles—

“(1) will meet the requirement or the need for the procurement; and

“(2) are commercially available at a cost reasonably comparable, on the basis of life-cycle cost, to motor vehicles containing only an internal combustion or heat engine using combustible fuel.

“(c) Exception.—This section shall not apply to motor vehicles that are on a replacement cycle greater than 10 years on the date of the enactment of this section.

“(d) Hybrid defined.—In this section, the term ‘hybrid’, with respect to a motor vehicle, means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both—

“(1) an internal combustion or heat engine using combustible fuel; and

“(2) a rechargeable energy storage system.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2922c the following new item:


“2922c-1. Conversion of Department of Defense non-tactical motor vehicle fleet to motor vehicles using electric or hybrid propulsion systems.”.

(b) Extension to contractor-Operated, Government-Owned vehicles.—The Secretary of Defense shall require that contracts entered into by the Secretary of a military department or the head of a defense agency after the date of the enactment of this Act for contractor operation of Government-owned vehicles include a provision requiring the contractor to comply with section 2922c-1 of title 10, United States Code, as added by subsection (a), to the same extent as the Department is required to comply with such section.

SEC. 10. Research and development activities to incorporate hybrid-drive technology into current and future tactical fleet of military ground vehicles.

(a) Identification of usable hybrid-Drive technology.—Not later than 90 days after the date of enactment of this Act, the Secretary of each military department shall submit to Congress a report identifying hybrid-drive technologies suitable for incorporation into the next reset and recap of motor vehicles of the current tactical fleet of each Armed Force under the jurisdiction of the Secretary. In identifying suitable hybrid-drive technologies, the Secretary shall consider the feasibility and cost of incorporating a hybrid-drive technology into each vehicle and the design changes and amount of time required for incorporation.

(b) Authorization of obligation.—The Secretary of Defense is authorized to obligate, from funds appropriated for research, development, test, and evaluation for fiscal year 2011, $50,000,000 to incorporate hybrid-drive technologies identified under subsection (a) into the current tactical fleets of the Armed Forces.

(c) Hybrid-Drive technology defined.—In this section, the term “hybrid-drive technology” means a propulsion system, including the engine and drive train, that draws energy from onboard sources of stored energy that involve—

(1) an internal combustion or heat engine using combustible fuel; and

(2) a rechargeable energy storage system.

SEC. 11. Development of biofuel derived from materials that do not compete with food stocks and is suitable for use as aviation fuel.

(a) Development plan required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a testing and certification plan to develop and put into operational use by September 30, 2016, a biofuel derived from materials that do not compete with food stocks and is suitable for use as or in an aviation fuel for military purposes.

(b) Notification of operational availability of biofuel.—The Secretary of Defense shall notify Congress as soon as practicable after the Secretary determines that an aviation fuel that consists of at least 50 percent biofuels described under subsection (a) is available for operational use by the Armed Forces for military aviation purposes.

SEC. 12. Implementation.

(a) Responsible officials.—The Deputy Undersecretary of Defense for Installations and Environment and the Director of Operational Energy Plans and Program shall be the officials of the Department of Defense responsible for the implementation of this Act and the amendments made by this Act. The designated officials shall monitor the implementation plans of the military departments and Defense agencies and keep the Secretary of Defense informed of all guidance issued and activities carried out within the Department of Defense that relate to the implementation of this Act and the amendments made by this Act.

(b) Applicability.—This Act and the amendments made by this Act shall apply with respect to the activities, personnel, resources, and facilities of the Department of Defense that are located within the United States as well as those facilities, regardless of whether permanent or temporary, that are located outside the United States.

(c) Reporting requirements.—The Secretary of Defense shall submit to Congress a semiannual progress report on the implementation of this Act and the amendments made by this Act.

SEC. 13. Waiver authority.

(a) In general.—The Secretary of Defense may waive the implementation or operation of provision of this Act or an amendment made by this Act if the Secretary certifies to the Congress that implementation or continued operation of the provision would adversely impact the national security of the United States.

(b) Intelligence activity waiver.—The Director of National Intelligence, in consultation with the Secretary of Defense, may exempt an intelligence activity of the United States, and related personnel, resources, and facilities, from a provision of this Act or an amendment made by this Act to the extent the Director and Secretary determine necessary to protect intelligence sources and methods from unauthorized disclosure.