Text: S.1392 — 113th Congress (2013-2014)All Bill Information (Except Text)

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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 1392 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 154
113th CONGRESS
  1st Session
                                S. 1392

 To promote energy savings in residential buildings and industry, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2013

  Mrs. Shaheen (for herself and Mr. Portman) introduced the following 
                  bill; which was read the first time

                             July 31, 2013

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To promote energy savings in residential buildings and industry, 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 ``Energy Savings and 
Industrial Competitiveness Act of 2013''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
                           TITLE I--BUILDINGS

                   Subtitle A--Building Energy Codes

Sec. 101. Greater energy efficiency in building codes.
           Subtitle B--Worker Training and Capacity Building

Sec. 111. Building training and assessment centers.
Sec. 112. Career skills training.
          TITLE II--INDUSTRIAL EFFICIENCY AND COMPETITIVENESS

              Subtitle A--Manufacturing Energy Efficiency

Sec. 201. Purposes.
Sec. 202. Future of Industry program.
Sec. 203. Sustainable manufacturing initiative.
Sec. 204. Conforming amendments.
                        Subtitle B--Supply Star

Sec. 211. Supply Star.
               Subtitle C--Electric Motor Rebate Program

Sec. 221. Energy saving motor control, electric motor, and advanced 
                            motor systems rebate program.
                 Subtitle D--Transformer Rebate Program

Sec. 231. Energy efficient transformer rebate program.
              TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY

Sec. 301. Adoption of information and communications technology power 
                            savings techniques by Federal agencies.
Sec. 302. Availability of funds for design updates.
Sec. 303. Federal data center consolidation.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Offset.
Sec. 402. Budgetary effects.
Sec. 403. Advance appropriations required.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of Energy.

                           TITLE I--BUILDINGS

                   Subtitle A--Building Energy Codes

SEC. 101. GREATER ENERGY EFFICIENCY IN BUILDING CODES.

    (a) Definitions.--Section 303 of the Energy Conservation and 
Production Act (42 U.S.C. 6832) is amended--
            (1) by striking paragraph (14) and inserting the following:
            ``(14) Model building energy code.--The term `model 
        building energy code' means a voluntary building energy code 
        and standards developed and updated through a consensus process 
        among interested persons, such as the IECC or the code used 
        by--
                    ``(A) the Council of American Building Officials, 
                or its legal successor, International Code Council, 
                Inc.;
                    ``(B) the American Society of Heating, 
                Refrigerating, and Air-Conditioning Engineers; or
                    ``(C) other appropriate organizations.''; and
            (2) by adding at the end the following:
            ``(17) IECC.--The term `IECC' means the International 
        Energy Conservation Code.
            ``(18) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4103).''.
    (b) State Building Energy Efficiency Codes.--Section 304 of the 
Energy Conservation and Production Act (42 U.S.C. 6833) is amended to 
read as follows:

``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

    ``(a) In General.--The Secretary shall--
            ``(1) encourage and support the adoption of building energy 
        codes by States, Indian tribes, and, as appropriate, by local 
        governments that meet or exceed the model building energy 
        codes, or achieve equivalent or greater energy savings; and
            ``(2) support full compliance with the State and local 
        codes.
    ``(b) State and Indian Tribe Certification of Building Energy Code 
Updates.--
            ``(1) Review and updating of codes by each state and indian 
        tribe.--
                    ``(A) In general.--Not later than 2 years after the 
                date on which a model building energy code is updated, 
                each State or Indian tribe shall certify whether or not 
                the State or Indian tribe, respectively, has reviewed 
                and updated the energy provisions of the building code 
                of the State or Indian tribe, respectively.
                    ``(B) Demonstration.--The certification shall 
                include a demonstration of whether or not the energy 
                savings for the code provisions that are in effect 
                throughout the State or Indian tribal territory meet or 
                exceed--
                            ``(i) the energy savings of the updated 
                        model building energy code; or
                            ``(ii) the targets established under 
                        section 307(b)(2).
                    ``(C) No model building energy code update.--If a 
                model building energy code is not updated by a target 
                date established under section 307(b)(2)(D), each State 
                or Indian tribe shall, not later than 2 years after the 
                specified date, certify whether or not the State or 
                Indian tribe, respectively, has reviewed and updated 
                the energy provisions of the building code of the State 
                or Indian tribe, respectively, to meet or exceed the 
                target in section 307(b)(2).
            ``(2) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under paragraph 
        (1), the Secretary shall--
                    ``(A) determine whether the code provisions of the 
                State or Indian tribe, respectively, meet the criteria 
                specified in paragraph (1); and
                    ``(B) if the determination is positive, validate 
                the certification.
    ``(c) Improvements in Compliance With Building Energy Codes.--
            ``(1) Requirement.--
                    ``(A) In general.--Not later than 3 years after the 
                date of a certification under subsection (b), each 
                State and Indian tribe shall certify whether or not the 
                State and Indian tribe, respectively, has--
                            ``(i) achieved full compliance under 
                        paragraph (3) with the applicable certified 
                        State and Indian tribe building energy code or 
                        with the associated model building energy code; 
                        or
                            ``(ii) made significant progress under 
                        paragraph (4) toward achieving compliance with 
                        the applicable certified State and Indian tribe 
                        building energy code or with the associated 
                        model building energy code.
                    ``(B) Repeat certifications.--If the State or 
                Indian tribe certifies progress toward achieving 
                compliance, the State or Indian tribe shall repeat the 
                certification until the State or Indian tribe certifies 
                that the State or Indian tribe has achieved full 
                compliance, respectively.
            ``(2) Measurement of compliance.--A certification under 
        paragraph (1) shall include documentation of the rate of 
        compliance based on--
                    ``(A) independent inspections of a random sample of 
                the buildings covered by the code in the preceding 
                year; or
                    ``(B) an alternative method that yields an accurate 
                measure of compliance.
            ``(3) Achievement of compliance.--A State or Indian tribe 
        shall be considered to achieve full compliance under paragraph 
        (1) if--
                    ``(A) at least 90 percent of building space covered 
                by the code in the preceding year substantially meets 
                all the requirements of the applicable code specified 
                in paragraph (1), or achieves equivalent or greater 
                energy savings level; or
                    ``(B) the estimated excess energy use of buildings 
                that did not meet the applicable code specified in 
                paragraph (1) in the preceding year, compared to a 
                baseline of comparable buildings that meet this code, 
                is not more than 5 percent of the estimated energy use 
                of all buildings covered by this code during the 
                preceding year.
            ``(4) Significant progress toward achievement of 
        compliance.--A State or Indian tribe shall be considered to 
        have made significant progress toward achieving compliance for 
        purposes of paragraph (1) if the State or Indian tribe--
                    ``(A) has developed and is implementing a plan for 
                achieving compliance during the 8-year-period beginning 
                on the date of enactment of this paragraph, including 
                annual targets for compliance and active training and 
                enforcement programs; and
                    ``(B) has met the most recent target under 
                subparagraph (A).
            ``(5) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under paragraph 
        (1), the Secretary shall--
                    ``(A) determine whether the State or Indian tribe 
                has demonstrated meeting the criteria of this 
                subsection, including accurate measurement of 
                compliance; and
                    ``(B) if the determination is positive, validate 
                the certification.
    ``(d) States or Indian Tribes That Do Not Achieve Compliance.--
            ``(1) Reporting.--A State or Indian tribe that has not made 
        a certification required under subsection (b) or (c) by the 
        applicable deadline shall submit to the Secretary a report on--
                    ``(A) the status of the State or Indian tribe with 
                respect to meeting the requirements and submitting the 
                certification; and
                    ``(B) a plan for meeting the requirements and 
                submitting the certification.
            ``(2) Federal support.--For any State or Indian tribe for 
        which the Secretary has not validated a certification by a 
        deadline under subsection (b) or (c), the lack of the 
        certification may be a consideration for Federal support 
        authorized under this section for code adoption and compliance 
        activities.
            ``(3) Local government.--In any State or Indian tribe for 
        which the Secretary has not validated a certification under 
        subsection (b) or (c), a local government may be eligible for 
        Federal support by meeting the certification requirements of 
        subsections (b) and (c).
            ``(4) Annual reports by secretary.--
                    ``(A) In general.--The Secretary shall annually 
                submit to Congress, and publish in the Federal 
                Register, a report on--
                            ``(i) the status of model building energy 
                        codes;
                            ``(ii) the status of code adoption and 
                        compliance in the States and Indian tribes;
                            ``(iii) implementation of this section; and
                            ``(iv) improvements in energy savings over 
                        time as result of the targets established under 
                        section 307(b)(2).
                    ``(B) Impacts.--The report shall include estimates 
                of impacts of past action under this section, and 
                potential impacts of further action, on--
                            ``(i) upfront financial and construction 
                        costs, cost benefits and returns (using 
                        investment analysis), and lifetime energy use 
                        for buildings;
                            ``(ii) resulting energy costs to 
                        individuals and businesses; and
                            ``(iii) resulting overall annual building 
                        ownership and operating costs.
    ``(e) Technical Assistance to States and Indian Tribes.--The 
Secretary shall provide technical assistance to States and Indian 
tribes to implement the goals and requirements of this section, 
including procedures and technical analysis for States and Indian 
tribes--
            ``(1) to improve and implement State residential and 
        commercial building energy codes;
            ``(2) to demonstrate that the code provisions of the States 
        and Indian tribes achieve equivalent or greater energy savings 
        than the model building energy codes and targets;
            ``(3) to document the rate of compliance with a building 
        energy code; and
            ``(4) to otherwise promote the design and construction of 
        energy efficient buildings.
    ``(f) Availability of Incentive Funding.--
            ``(1) In general.--The Secretary shall provide incentive 
        funding to States and Indian tribes--
                    ``(A) to implement the requirements of this 
                section;
                    ``(B) to improve and implement residential and 
                commercial building energy codes, including increasing 
                and verifying compliance with the codes and training of 
                State, tribal, and local building code officials to 
                implement and enforce the codes; and
                    ``(C) to promote building energy efficiency through 
                the use of the codes.
            ``(2) Additional funding.--Additional funding shall be 
        provided under this subsection for implementation of a plan to 
        achieve and document full compliance with residential and 
        commercial building energy codes under subsection (c)--
                    ``(A) to a State or Indian tribe for which the 
                Secretary has validated a certification under 
                subsection (b) or (c); and
                    ``(B) in a State or Indian tribe that is not 
                eligible under subparagraph (A), to a local government 
                that is eligible under this section.
            ``(3) Training.--Of the amounts made available under this 
        subsection, the State or Indian tribe may use amounts required, 
        but not to exceed $750,000 for a State, to train State and 
        local building code officials to implement and enforce codes 
        described in paragraph (2).
            ``(4) Local governments.--States may share grants under 
        this subsection with local governments that implement and 
        enforce the codes.
    ``(g) Stretch Codes and Advanced Standards.--
            ``(1) In general.--The Secretary shall provide technical 
        and financial support for the development of stretch codes and 
        advanced standards for residential and commercial buildings for 
        use as--
                    ``(A) an option for adoption as a building energy 
                code by local, tribal, or State governments; and
                    ``(B) guidelines for energy-efficient building 
                design.
            ``(2) Targets.--The stretch codes and advanced standards 
        shall be designed--
                    ``(A) to achieve substantial energy savings 
                compared to the model building energy codes; and
                    ``(B) to meet targets under section 307(b), if 
                available, at least 3 to 6 years in advance of the 
                target years.
    ``(h) Studies.--The Secretary, in consultation with building 
science experts from the National Laboratories and institutions of 
higher education, designers and builders of energy-efficient 
residential and commercial buildings, code officials, and other 
stakeholders, shall undertake a study of the feasibility, impact, 
economics, and merit of--
            ``(1) code improvements that would require that buildings 
        be designed, sited, and constructed in a manner that makes the 
        buildings more adaptable in the future to become zero-net-
        energy after initial construction, as advances are achieved in 
        energy-saving technologies;
            ``(2) code procedures to incorporate measured lifetimes, 
        not just first-year energy use, in trade-offs and performance 
        calculations; and
            ``(3) legislative options for increasing energy savings 
        from building energy codes, including additional incentives for 
        effective State and local action, and verification of 
        compliance with and enforcement of a code other than by a State 
        or local government.
    ``(i) Effect on Other Laws.--Nothing in this section or section 307 
supersedes or modifies the application of sections 321 through 346 of 
the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.).
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section and section 307 $200,000,000, to 
remain available until expended.''.
    (c) Federal Building Energy Efficiency Standards.--Section 305 of 
the Energy Conservation and Production Act (42 U.S.C. 6834) is amended 
by striking ``voluntary building energy code'' each place it appears in 
subsections (a)(2)(B) and (b) and inserting ``model building energy 
code''.
    (d) Model Building Energy Codes.--Section 307 of the Energy 
Conservation and Production Act (42 U.S.C. 6836) is amended to read as 
follows:

``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.

    ``(a) In General.--The Secretary shall support the updating of 
model building energy codes.
    ``(b) Targets.--
            ``(1) In general.--The Secretary shall support the updating 
        of the model building energy codes to enable the achievement of 
        aggregate energy savings targets established under paragraph 
        (2).
            ``(2) Targets.--
                    ``(A) In general.--The Secretary shall work with 
                State, Indian tribes, local governments, nationally 
                recognized code and standards developers, and other 
                interested parties to support the updating of model 
                building energy codes by establishing one or more 
                aggregate energy savings targets to achieve the 
                purposes of this section.
                    ``(B) Separate targets.--The Secretary may 
                establish separate targets for commercial and 
                residential buildings.
                    ``(C) Baselines.--The baseline for updating model 
                building energy codes shall be the 2009 IECC for 
                residential buildings and ASHRAE Standard 90.1-2010 for 
                commercial buildings.
                    ``(D) Specific years.--
                            ``(i) In general.--Targets for specific 
                        years shall be established and revised by the 
                        Secretary through rulemaking and coordinated 
                        with nationally recognized code and standards 
                        developers at a level that--
                                    ``(I) is at the maximum level of 
                                energy efficiency that is 
                                technologically feasible and life-cycle 
                                cost effective, while accounting for 
                                the economic considerations under 
                                paragraph (4);
                                    ``(II) is higher than the preceding 
                                target; and
                                    ``(III) promotes the achievement of 
                                commercial and residential high-
                                performance buildings through high 
                                performance energy efficiency (within 
                                the meaning of section 401 of the 
                                Energy Independence and Security Act of 
                                2007 (42 U.S.C. 17061)).
                            ``(ii) Initial targets.--Not later than 1 
                        year after the date of enactment of this 
                        clause, the Secretary shall establish initial 
                        targets under this subparagraph.
                            ``(iii) Different target years.--Subject to 
                        clause (i), prior to the applicable year, the 
                        Secretary may set a later target year for any 
                        of the model building energy codes described in 
                        subparagraph (A) if the Secretary determines 
                        that a target cannot be met.
                            ``(iv) Small business.--When establishing 
                        targets under this paragraph through 
                        rulemaking, the Secretary shall ensure 
                        compliance with the Small Business Regulatory 
                        Enforcement Fairness Act of 1996 (5 U.S.C. 601 
                        note; Public Law 104-121).
            ``(3) Appliance standards and other factors affecting 
        building energy use.--In establishing building code targets 
        under paragraph (2), the Secretary shall develop and adjust the 
        targets in recognition of potential savings and costs relating 
        to--
                    ``(A) efficiency gains made in appliances, 
                lighting, windows, insulation, and building envelope 
                sealing;
                    ``(B) advancement of distributed generation and on-
                site renewable power generation technologies;
                    ``(C) equipment improvements for heating, cooling, 
                and ventilation systems;
                    ``(D) building management systems and SmartGrid 
                technologies to reduce energy use; and
                    ``(E) other technologies, practices, and building 
                systems that the Secretary considers appropriate 
                regarding building plug load and other energy uses.
            ``(4) Economic considerations.--In establishing and 
        revising building code targets under paragraph (2), the 
        Secretary shall consider the economic feasibility of achieving 
        the proposed targets established under this section and the 
        potential costs and savings for consumers and building owners, 
        including a return on investment analysis.
    ``(c) Technical Assistance to Model Building Energy Code-Setting 
and Standard Development Organizations.--
            ``(1) In general.--The Secretary shall, on a timely basis, 
        provide technical assistance to model building energy code-
        setting and standard development organizations consistent with 
        the goals of this section.
            ``(2) Assistance.--The assistance shall include, as 
        requested by the organizations, technical assistance in--
                    ``(A) evaluating code or standards proposals or 
                revisions;
                    ``(B) building energy analysis and design tools;
                    ``(C) building demonstrations;
                    ``(D) developing definitions of energy use 
                intensity and building types for use in model building 
                energy codes to evaluate the efficiency impacts of the 
                model building energy codes;
                    ``(E) performance-based standards;
                    ``(F) evaluating economic considerations under 
                subsection (b)(4); and
                    ``(G) developing model building energy codes by 
                Indian tribes in accordance with tribal law.
            ``(3) Amendment proposals.--The Secretary may submit timely 
        model building energy code amendment proposals to the model 
        building energy code-setting and standard development 
        organizations, with supporting evidence, sufficient to enable 
        the model building energy codes to meet the targets established 
        under subsection (b)(2).
            ``(4) Analysis methodology.--The Secretary shall make 
        publicly available the entire calculation methodology 
        (including input assumptions and data) used by the Secretary to 
        estimate the energy savings of code or standard proposals and 
        revisions.
    ``(d) Determination.--
            ``(1) Revision of model building energy codes.--If the 
        provisions of the IECC or ASHRAE Standard 90.1 regarding 
        building energy use are revised, the Secretary shall make a 
        preliminary determination not later than 90 days after the date 
        of the revision, and a final determination not later than 15 
        months after the date of the revision, on whether or not the 
        revision will--
                    ``(A) improve energy efficiency in buildings 
                compared to the existing model building energy code; 
                and
                    ``(B) meet the applicable targets under subsection 
                (b)(2).
            ``(2) Codes or standards not meeting targets.--
                    ``(A) In general.--If the Secretary makes a 
                preliminary determination under paragraph (1)(B) that a 
                code or standard does not meet the targets established 
                under subsection (b)(2), the Secretary may at the same 
                time provide the model building energy code or standard 
                developer with proposed changes that would result in a 
                model building energy code that meets the targets and 
                with supporting evidence, taking into consideration--
                            ``(i) whether the modified code is 
                        technically feasible and life-cycle cost 
                        effective;
                            ``(ii) available appliances, technologies, 
                        materials, and construction practices; and
                            ``(iii) the economic considerations under 
                        subsection (b)(4).
                    ``(B) Incorporation of changes.--
                            ``(i) In general.--On receipt of the 
                        proposed changes, the model building energy 
                        code or standard developer shall have an 
                        additional 270 days to accept or reject the 
                        proposed changes of the Secretary to the model 
                        building energy code or standard for the 
                        Secretary to make a final determination.
                            ``(ii) Final determination.--A final 
                        determination under paragraph (1) shall be on 
                        the modified model building energy code or 
                        standard.
    ``(e) Administration.--In carrying out this section, the Secretary 
shall--
            ``(1) publish notice of targets and supporting analysis and 
        determinations under this section in the Federal Register to 
        provide an explanation of and the basis for such actions, 
        including any supporting modeling, data, assumptions, 
        protocols, and cost-benefit analysis, including return on 
        investment; and
            ``(2) provide an opportunity for public comment on targets 
        and supporting analysis and determinations under this section.
    ``(f) Voluntary Codes and Standards.--Notwithstanding any other 
provision of this section, any model building code or standard 
established under section 304 shall not be binding on a State, local 
government, or Indian tribe as a matter of Federal law.''.

           Subtitle B--Worker Training and Capacity Building

SEC. 111. BUILDING TRAINING AND ASSESSMENT CENTERS.

    (a) In General.--The Secretary shall provide grants to institutions 
of higher education (as defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as 
defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to 
establish building training and assessment centers--
            (1) to identify opportunities for optimizing energy 
        efficiency and environmental performance in buildings;
            (2) to promote the application of emerging concepts and 
        technologies in commercial and institutional buildings;
            (3) to train engineers, architects, building scientists, 
        building energy permitting and enforcement officials, and 
        building technicians in energy-efficient design and operation;
            (4) to assist institutions of higher education and Tribal 
        Colleges or Universities in training building technicians;
            (5) to promote research and development for the use of 
        alternative energy sources and distributed generation to supply 
        heat and power for buildings, particularly energy-intensive 
        buildings; and
            (6) to coordinate with and assist State-accredited 
        technical training centers, community colleges, Tribal Colleges 
        or Universities, and local offices of the National Institute of 
        Food and Agriculture and ensure appropriate services are 
        provided under this section to each region of the United 
        States.
    (b) Coordination and Nonduplication.--
            (1) In general.--The Secretary shall coordinate the program 
        with the industrial research and assessment centers program and 
        with other Federal programs to avoid duplication of effort.
            (2) Collocation.--To the maximum extent practicable, 
        building, training, and assessment centers established under 
        this section shall be collocated with Industrial Assessment 
        Centers.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000, to remain available 
until expended.

SEC. 112. CAREER SKILLS TRAINING.

    (a) In General.--The Secretary shall pay grants to eligible 
entities described in subsection (b) to pay the Federal share of 
associated career skills training programs under which students 
concurrently receive classroom instruction and on-the-job training for 
the purpose of obtaining an industry-related certification to install 
energy efficient buildings technologies, including technologies 
described in section 307(b)(3) of the Energy Conservation and 
Production Act (42 U.S.C. 6836(b)(3)).
    (b) Eligibility.--To be eligible to obtain a grant under subsection 
(a), an entity shall be a nonprofit partnership described in section 
171(e)(2)(B)(ii) of the Workforce Investment Act of 1998 (29 U.S.C. 
2916(e)(2)(B)(ii)).
    (c) Federal Share.--The Federal share of the cost of carrying out a 
career skills training program described in subsection (a) shall be 50 
percent.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000, to remain available 
until expended.

          TITLE II--INDUSTRIAL EFFICIENCY AND COMPETITIVENESS

              Subtitle A--Manufacturing Energy Efficiency

SEC. 201. PURPOSES.

    The purposes of this subtitle are--
            (1) to reform and reorient the industrial efficiency 
        programs of the Department of Energy;
            (2) to establish a clear and consistent authority for 
        industrial efficiency programs of the Department;
            (3) to accelerate the deployment of technologies and 
        practices that will increase industrial energy efficiency and 
        improve productivity;
            (4) to accelerate the development and demonstration of 
        technologies that will assist the deployment goals of the 
        industrial efficiency programs of the Department and increase 
        manufacturing efficiency;
            (5) to stimulate domestic economic growth and improve 
        industrial productivity and competitiveness; and
            (6) to strengthen partnerships between Federal and State 
        governmental agencies and the private and academic sectors.

SEC. 202. FUTURE OF INDUSTRY PROGRAM.

    (a) In General.--Section 452 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17111) is amended by striking the 
section heading and inserting the following: ``future of industry 
program''.
    (b) Definition of Energy Service Provider.--Section 452(a) of the 
Energy Independence and Security Act of 2007 (42 U.S.C. 17111(a)) is 
amended--
            (1) by redesignating paragraphs (3) through (5) as 
        paragraphs (4) through (6), respectively; and
            (2) by inserting after paragraph (2):
            ``(3) Energy service provider.--The term `energy service 
        provider' means any business providing technology or services 
        to improve the energy efficiency, power factor, or load 
        management of a manufacturing site or other industrial process 
        in an energy-intensive industry, or any utility operating under 
        a utility energy service project.''.
    (c) Industrial Research and Assessment Centers.--Section 452(e) of 
the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(e)) 
is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        subparagraphs (A) through (E), respectively, and indenting 
        appropriately;
            (2) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary'';
            (3) in subparagraph (A) (as redesignated by paragraph (1)), 
        by inserting before the semicolon at the end the following: ``, 
        including assessments of sustainable manufacturing goals and 
        the implementation of information technology advancements for 
        supply chain analysis, logistics, system monitoring, industrial 
        and manufacturing processes, and other purposes''; and
            (4) by adding at the end the following:
            ``(2) Coordination.--
                    ``(A) In general.--To increase the value and 
                capabilities of the industrial research and assessment 
                centers, the centers shall--
                            ``(i) coordinate with Manufacturing 
                        Extension Partnership Centers of the National 
                        Institute of Standards and Technology;
                            ``(ii) coordinate with the Building 
                        Technologies Program of the Department of 
                        Energy to provide building assessment services 
                        to manufacturers;
                            ``(iii) increase partnerships with the 
                        National Laboratories of the Department of 
                        Energy to leverage the expertise and 
                        technologies of the National Laboratories for 
                        national industrial and manufacturing needs;
                            ``(iv) increase partnerships with energy 
                        service providers and technology providers to 
                        leverage private sector expertise and 
                        accelerate deployment of new and existing 
                        technologies and processes for energy 
                        efficiency, power factor, and load management;
                            ``(v) identify opportunities for reducing 
                        greenhouse gas emissions; and
                            ``(vi) promote sustainable manufacturing 
                        practices for small- and medium-sized 
                        manufacturers.
            ``(3) Outreach.--The Secretary shall provide funding for--
                    ``(A) outreach activities by the industrial 
                research and assessment centers to inform small- and 
                medium-sized manufacturers of the information, 
                technologies, and services available; and
                    ``(B) coordination activities by each industrial 
                research and assessment center to leverage efforts 
                with--
                            ``(i) Federal and State efforts;
                            ``(ii) the efforts of utilities and energy 
                        service providers;
                            ``(iii) the efforts of regional energy 
                        efficiency organizations; and
                            ``(iv) the efforts of other industrial 
                        research and assessment centers.
            ``(4) Workforce training.--
                    ``(A) In general.--The Secretary shall pay the 
                Federal share of associated internship programs under 
                which students work with or for industries, 
                manufacturers, and energy service providers to 
                implement the recommendations of industrial research 
                and assessment centers.
                    ``(B) Federal share.--The Federal share of the cost 
                of carrying out internship programs described in 
                subparagraph (A) shall be 50 percent.
            ``(5) Small business loans.--The Administrator of the Small 
        Business Administration shall, to the maximum extent 
        practicable, expedite consideration of applications from 
        eligible small business concerns for loans under the Small 
        Business Act (15 U.S.C. 631 et seq.) to implement 
        recommendations of industrial research and assessment centers 
        established under paragraph (1).
            ``(6) Advanced manufacturing steering committee.--The 
        Secretary shall establish an advisory steering committee to 
        provide recommendations to the Secretary on planning and 
        implementation of the Advanced Manufacturing Office of the 
        Department of Energy.''.

SEC. 203. SUSTAINABLE MANUFACTURING INITIATIVE.

    (a) In General.--Part E of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6341) is amended by adding at the end the 
following:

``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.

    ``(a) In General.--As part of the Office of Energy Efficiency and 
Renewable Energy, the Secretary, on the request of a manufacturer, 
shall conduct onsite technical assessments to identify opportunities 
for--
            ``(1) maximizing the energy efficiency of industrial 
        processes and cross-cutting systems;
            ``(2) preventing pollution and minimizing waste;
            ``(3) improving efficient use of water in manufacturing 
        processes;
            ``(4) conserving natural resources; and
            ``(5) achieving such other goals as the Secretary 
        determines to be appropriate.
    ``(b) Coordination.--The Secretary shall carry out the initiative 
in coordination with the private sector and appropriate agencies, 
including the National Institute of Standards and Technology, to 
accelerate adoption of new and existing technologies and processes that 
improve energy efficiency.
    ``(c) Research and Development Program for Sustainable 
Manufacturing and Industrial Technologies and Processes.--As part of 
the industrial efficiency programs of the Department of Energy, the 
Secretary shall carry out a joint industry-government partnership 
program to research, develop, and demonstrate new sustainable 
manufacturing and industrial technologies and processes that maximize 
the energy efficiency of industrial plants, reduce pollution, and 
conserve natural resources.''.
    (b) Table of Contents.--The table of contents of the Energy Policy 
and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the 
end of the items relating to part E of title III the following:

``Sec. 376. Sustainable manufacturing initiative.''.

SEC. 204. CONFORMING AMENDMENTS.

    (a) Section 106 of the Energy Policy Act of 2005 (42 U.S.C. 15811) 
is repealed.
    (b) Sections 131, 132, 133, 2103, and 2107 of the Energy Policy Act 
of 1992 (42 U.S.C. 6348, 6349, 6350, 13453, 13456) are repealed.
    (c) Section 2101(a) of the Energy Policy Act of 1992 (42 U.S.C. 
13451(a)) is amended in the third sentence by striking ``sections 2102, 
2103, 2104, 2105, 2106, 2107, and 2108'' and inserting ``sections 2102, 
2104, 2105, 2106, and 2108 of this Act and section 376 of the Energy 
Policy and Conservation Act,''.

                        Subtitle B--Supply Star

SEC. 211. SUPPLY STAR.

    The Energy Policy and Conservation Act is amended by inserting 
after section 324A (42 U.S.C. 6294a) the following:

``SEC. 324B. SUPPLY STAR PROGRAM.

    ``(a) In General.--There is established within the Department of 
Energy a Supply Star program to identify and promote practices, 
recognize companies, and, as appropriate, recognize products that use 
highly efficient supply chains in a manner that conserves energy, 
water, and other resources.
    ``(b) Coordination.--In carrying out the program described in 
subsection (a), the Secretary shall--
            ``(1) consult with other appropriate agencies; and
            ``(2) coordinate efforts with the Energy Star program 
        established under section 324A.
    ``(c) Duties.--In carrying out the Supply Star program described in 
subsection (a), the Secretary shall--
            ``(1) promote practices, recognize companies, and, as 
        appropriate, recognize products that comply with the Supply 
        Star program as the preferred practices, companies, and 
        products in the marketplace for maximizing supply chain 
        efficiency;
            ``(2) work to enhance industry and public awareness of the 
        Supply Star program;
            ``(3) collect and disseminate data on supply chain energy 
        resource consumption;
            ``(4) develop and disseminate metrics, processes, and 
        analytical tools (including software) for evaluating supply 
        chain energy resource use;
            ``(5) develop guidance at the sector level for improving 
        supply chain efficiency;
            ``(6) work with domestic and international organizations to 
        harmonize approaches to analyzing supply chain efficiency, 
        including the development of a consistent set of tools, 
        templates, calculators, and databases; and
            ``(7) work with industry, including small businesses, to 
        improve supply chain efficiency through activities that 
        include--
                    ``(A) developing and sharing best practices; and
                    ``(B) providing opportunities to benchmark supply 
                chain efficiency.
    ``(d) Evaluation.--In any evaluation of supply chain efficiency 
carried out by the Secretary with respect to a specific product, the 
Secretary shall consider energy consumption and resource use throughout 
the entire lifecycle of a product, including production, transport, 
packaging, use, and disposal.
    ``(e) Grants and Incentives.--
            ``(1) In general.--The Secretary may award grants or other 
        forms of incentives on a competitive basis to eligible 
        entities, as determined by the Secretary, for the purposes of--
                    ``(A) studying supply chain energy resource 
                efficiency; and
                    ``(B) demonstrating and achieving reductions in the 
                energy resource consumption of commercial products 
                through changes and improvements to the production 
                supply and distribution chain of the products.
            ``(2) Use of information.--Any information or data 
        generated as a result of the grants or incentives described in 
        paragraph (1) shall be used to inform the development of the 
        Supply Star Program.
    ``(f) Training.--The Secretary shall use funds to support 
professional training programs to develop and communicate methods, 
practices, and tools for improving supply chain efficiency.
    ``(g) Effect of Impact on Climate Change.--For purposes of this 
section, the impact on climate change shall not be a factor in 
determining supply chain efficiency.
    ``(h) Effect of Outsourcing of American Jobs.--For purposes of this 
section, the outsourcing of American jobs in the production of a 
product shall not count as a positive factor in determining supply 
chain efficiency.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for the period of 
fiscal years 2014 through 2023.''.

               Subtitle C--Electric Motor Rebate Program

SEC. 221. ENERGY SAVING MOTOR CONTROL, ELECTRIC MOTOR, AND ADVANCED 
              MOTOR SYSTEMS REBATE PROGRAM.

    (a) Definitions.--In this section:
            (1) Advanced motor and drive system.--The term ``advanced 
        motor and drive system'' means an electric motor and any 
        required associated electronic control that--
                    (A) offers variable or multiple speed operation;
                    (B) offers efficiency at a rated full load that is 
                greater than the efficiency described for the 
                equivalent rating in--
                            (i) table 12-12 of National Electrical 
                        Manufactures Association (NEMA MG 1-2011); or
                            (ii) section 431.446 of National Electrical 
                        Manufactures Association (2012); and
                    (C) uses--
                            (i) permanent magnet alternating current 
                        synchronous motor technology;
                            (ii) electronically commutated motor 
                        technology;
                            (iii) switched reluctance motor technology;
                            (iv) synchronous reluctance motor 
                        technology; or
                            (v) such other motor that has greater than 
                        1 horsepower and uses a drive systems 
                        technology, as determined by the Secretary.
            (2) Electric motor.--The term ``electric motor'' has the 
        meaning given the term in section 431.12 of title 10, Code of 
        Federal Regulations (as in effect on the date of enactment of 
        this Act).
            (3) Qualified product.--The term ``qualified product'' 
        means--
                    (A) a new constant speed electric motor control 
                that--
                            (i) is attached to an electric motor; and
                            (ii) reduces the energy use of the electric 
                        motor by not less than 5 percent; and
                    (B) commercial or industrial machinery or equipment 
                that--
                            (i) is manufactured and incorporates an 
                        advanced motor and drive system that has 
                        greater than 1 horsepower into a redesigned 
                        machine or equipment that did not previously 
                        make use of the advanced motor and drive 
                        system; or
                            (ii) was previously used and placed back 
                        into service in calendar year 2014 or 2015 that 
                        upgrades the existing machine or equipment with 
                        an advanced motor and drive system.
    (b) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish a program to 
provide rebates for expenditures made by qualified entities for the 
purchase and installation of qualified products.
    (c) Qualified Entities.--A qualified entity under this section 
shall be--
            (1) in the case of a qualified product described in 
        subsection (a)(3)(A), the purchaser of the qualified product 
        for whom the qualified product is installed; and
            (2) in the case of a qualified product described in 
        subsection (a)(3)(B)), the manufacturer of the machine or 
        equipment that incorporated the advanced motor and drive system 
        into the machine or equipment.
    (d) Requirements.--
            (1) Application.--To be eligible to receive a rebate under 
        this section, a qualified entity shall submit to the Secretary 
        or an entity designated by the Secretary an application and 
        certification in such form, at such time, and containing such 
        information as the Secretary may require, including 
        demonstrated evidence that the qualified entity purchased a 
        qualified product and--
                    (A) in the case of a qualified product described in 
                subsection (a)(3)(A)--
                            (i) demonstrated evidence that the 
                        qualified entity installed the qualified 
                        product in calendar year 2014 or 2015;
                            (ii) demonstrated evidence that the 
                        qualified product reduces motor energy use by 
                        not less than 5 percent, in accordance with 
                        procedures approved by the Secretary; and
                            (iii) the serial number, manufacturer, and 
                        model number from the nameplate of the 
                        installed motor of the qualified entity on 
                        which the qualified product was installed; and
                    (B) in the case of a qualified product described in 
                subsection (a)(3)(B)--
                            (i) demonstrated evidence that the 
                        manufacturer--
                                    (I) redesigned a machine or 
                                equipment of a manufacturer that did 
                                not previously make use of an advanced 
                                motor and drive system; or
                                    (II) upgraded a used machine or 
                                equipment to incorporate an advanced 
                                motor and drive system;
                            (ii) demonstrated evidence that the 
                        qualified product was sold, installed, or 
                        placed back into service in calendar year 2014 
                        or 2015; and
                            (iii) the serial number, manufacturer, and 
                        model number from the nameplate of the 
                        installed motor of the qualified entity with 
                        which the advanced motor and drive system is 
                        integrated.
            (2) Authorized amount of rebate.--The Secretary may provide 
        to a qualified entity that has satisfied the requirements of 
        paragraph (1) a rebate the amount of which shall be equal to 
        the product obtained by multiplying--
                    (A) the nameplate rated horsepower of--
                            (i) the electric motor to which the new 
                        constant speed electric motor control is 
                        attached;
                            (ii) the new electric motor that replaced a 
                        previously installed electric motor; or
                            (iii) the advanced electric motor control 
                        system; and
                    (B) $25.
            (3) Maximum aggregate amount.--No entity shall be entitled 
        to aggregate rebates under this section in excess of $250,000.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2014 and 2015, to remain available until expended.

                 Subtitle D--Transformer Rebate Program

SEC. 231. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.

    (a) Definition of Qualified Transformer.--In this section, the term 
``qualified transformer'' means a transformer that meets or exceeds the 
National Electrical Manufacturers Association (NEMA) Premium Efficiency 
designation, calculated to 2 decimal points, as having 30 percent fewer 
losses than the NEMA TP-1-2002 efficiency standard for a transformer of 
the same number of phases and capacity, as measured in kilovolt-
amperes.
    (b) Establishment.--Not later than January 1, 2014, the Secretary 
shall establish a program under which rebates are provided for 
expenditures made by owners of industrial or manufacturing facilities, 
commercial buildings, and multifamily residential buildings for the 
purchase and installation of a new energy efficient transformers.
    (c) Requirements.--
            (1) Application.--To be eligible to receive a rebate under 
        this section, an owner shall submit to the Secretary an 
        application in such form, at such time, and containing such 
        information as the Secretary may require, including 
        demonstrated evidence that the owner purchased a qualified 
        transformer.
            (2) Authorized amount of rebate.--For qualified 
        transformers, rebates, in dollars per kilovolt-ampere (referred 
        to in this paragraph as ``kVA'') shall be--
                    (A) for 3-phase transformers--
                            (i) with a capacity of not greater than 10 
                        kVA, 15;
                            (ii) with a capacity of not less than 10 
                        kVA and not greater than 100 kVA, the 
                        difference between 15 and the quotient obtained 
                        by dividing--
                                    (I) the difference between--
                                            (aa) the capacity of the 
                                        transformer in kVA; and
                                            (bb) 10; by
                                    (II) 9; and
                            (iii) with a capacity greater than or equal 
                        to 100 kVA, 5; and
                    (B) for single-phase transformers, 75 percent of 
                the rebate for a 3-phase transformer of the same 
                capacity.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2014 and 2015, to remain available until expended.
    (e) Termination of Effectiveness.--The authority provided by this 
section terminates effective December 31, 2015.

              TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY

SEC. 301. ADOPTION OF INFORMATION AND COMMUNICATIONS TECHNOLOGY POWER 
              SAVINGS TECHNIQUES BY FEDERAL AGENCIES.

    (a) In General.--Not later than 360 days after the date of 
enactment of this Act, the Secretary, in consultation with the 
Secretary of Defense, the Secretary of Veterans Affairs, and the 
Administrator of General Services, shall issue guidance for Federal 
agencies to employ advanced tools promoting energy efficiency and 
energy savings through the use of information and communications 
technologies, including computer hardware, operation and maintenance 
processes, energy efficiency software, and power management tools.
    (b) Reports on Plans and Savings.--Not later than 180 days after 
the date of the issuance of the guidance under subsection (a), each 
Federal agency shall submit to the Secretary a report that describes--
            (1) the plan of the agency for implementing the guidance 
        within the agency; and
            (2) estimated energy and financial savings from employing 
        the tools and processes described in subsection (a).

SEC. 302. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.

    Section 3307 of title 40, United States Code, is amended--
            (1) by redesignating subsections (d) through (h) as 
        subsections (e) through (i), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Availability of Funds for Design Updates.--
            ``(1) In general.--Subject to paragraph (2), for any 
        project for which congressional approval is received under 
        subsection (a) and for which the design has been substantially 
        completed but construction has not begun, the Administrator of 
        General Services may use appropriated funds to update the 
        project design to meet applicable Federal building energy 
        efficiency standards established under section 305 of the 
        Energy Conservation and Production Act (42 U.S.C. 6834) and 
        other requirements established under section 3312.
            ``(2) Limitation.--The use of funds under paragraph (1) 
        shall not exceed 125 percent of the estimated energy or other 
        cost savings associated with the updates as determined by a 
        life cycle cost analysis under section 544 of the National 
        Energy Conservation Policy Act (42 U.S.C. 8254).''.

SEC. 303. FEDERAL DATA CENTER CONSOLIDATION.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator for the Office of E-Government 
and Information Technology within the Office of Management and Budget 
shall develop and publish a goal for the total amount of planned energy 
and cost savings and increased productivity by the Federal Government 
through the consolidation of Federal data centers during the 5-year 
period beginning on the date of enactment of this Act, which shall 
include a breakdown on a year-by-year basis of the projected savings 
and productivity gains.
    (b) Administration.--Nothing in this section applies to the High 
Performance Computing Modernization Program (HPCMP) of the Department 
of Defense.

                        TITLE IV--MISCELLANEOUS

SEC. 401. OFFSET.

    Section 422(f) of the Energy Independence and Security Act of 2007 
(42 U.S.C. 17082(f)) is amended--
            (1) in paragraph (3), by striking ``and'' after the 
        semicolon at the end; and
            (2) by striking paragraph (4) and inserting the following:
            ``(4) $200,000,000 for each of fiscal years 2013 and 2014;
            ``(5) $150,000,000 for fiscal year 2015; and
            ``(6) $100,000,000 for each of fiscal years 2016 through 
        2018.''.

SEC. 402. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

SEC. 403. ADVANCE APPROPRIATIONS REQUIRED.

    The authorization of amounts under this Act and the amendments made 
by this Act shall be effective for any fiscal year only to the extent 
and in the amount provided in advance in appropriations Acts.
                                                       Calendar No. 154

113th CONGRESS

  1st Session

                                S. 1392

_______________________________________________________________________

                                 A BILL

 To promote energy savings in residential buildings and industry, and 
                          for other purposes.

_______________________________________________________________________

                             July 31, 2013

            Read the second time and placed on the calendar