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113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-479

======================================================================



 
         STREAMLINING ENERGY EFFICIENCY FOR SCHOOLS ACT OF 2014

                                _______
                                

 June 19, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Upton, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4092]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 4092) to amend the Energy Policy and 
Conservation Act to establish the Office of Energy Efficiency 
and Renewable Energy as the lead Federal agency for 
coordinating Federal, State, and local assistance provided to 
promote the energy retrofitting of schools, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
Statement of General Performance Goals and Objectives............     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     4
Committee Cost Estimate..........................................     4
Congressional Budget Office Estimate.............................     4
Federal Mandates Statement.......................................     5
Duplication of Federal Programs..................................     5
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     6

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Streamlining Energy Efficiency for 
Schools Act of 2014''.

SEC. 2. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS.

  Section 392 of the Energy Policy and Conservation Act (42 U.S.C. 
6371a) is amended by adding at the end the following:
  ``(e) Coordination of Energy Retrofitting Assistance for Schools.--
          ``(1) Definition of school.--Notwithstanding section 391(6), 
        for the purposes of this subsection, the term `school' means--
                  ``(A) an elementary school or secondary school (as 
                defined in section 9101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801));
                  ``(B) an institution of higher education (as defined 
                in section 102(a) of the Higher Education Act of 1965 
                (20 U.S.C. 1002(a));
                  ``(C) a school of the defense dependents' education 
                system under the Defense Dependents' Education Act of 
                1978 (20 U.S.C. 921 et seq.) or established under 
                section 2164 of title 10, United States Code;
                  ``(D) a school operated by the Bureau of Indian 
                Affairs;
                  ``(E) a tribally controlled school (as defined in 
                section 5212 of the Tribally Controlled Schools Act of 
                1988 (25 U.S.C. 2511)); and
                  ``(F) a Tribal College or University (as defined in 
                section 316(b) of the Higher Education Act of 1965 (20 
                U.S.C. 1059c(b))).
          ``(2) Establishment of clearinghouse.--The Secretary, acting 
        through the Office of Energy Efficiency and Renewable Energy, 
        shall establish a clearinghouse to disseminate information 
        regarding available Federal programs and financing mechanisms 
        that may be used to help initiate, develop, and finance energy 
        efficiency, distributed generation, and energy retrofitting 
        projects for schools.
          ``(3) Requirements.--In carrying out paragraph (2), the 
        Secretary shall--
                  ``(A) consult with appropriate Federal agencies to 
                develop a list of Federal programs and financing 
                mechanisms that are, or may be, used for the purposes 
                described in paragraph (2); and
                  ``(B) coordinate with appropriate Federal agencies to 
                develop a collaborative education and outreach effort 
                to streamline communications and promote available 
                Federal programs and financing mechanisms described in 
                subparagraph (A), which may include the development and 
                maintenance of a single online resource that includes 
                contact information for relevant technical assistance 
                in the Office of Energy Efficiency and Renewable Energy 
                that States, local education agencies, and schools may 
                use to effectively access and use such Federal programs 
                and financing mechanisms.''.

                          Purpose and Summary

    H.R. 4092, the ``Streamlining Energy Efficiency for Schools 
Act of 2014,'' was introduced by Representative Cartwright (D-
PA) on February 26, 2014. The legislation establishes a 
clearinghouse within the Department of Energy (DOE) to 
consolidate and maintain information regarding available 
federal programs and financing mechanisms that may be used by 
schools to develop and implement energy efficiency, distributed 
generation, and energy retrofitting projects.

                  Background and Need for Legislation

    The 17,450 K-12 school districts in the United States spend 
approximately $6 billion each year on energy bills, second only 
to personnel costs while exceeding the costs of textbooks and 
supplies.\1\ In fact, ``as much as 30 percent of a school 
district's total energy is used inefficiently or 
unnecessarily.''\2\ Yet, an estimated 14 million American 
children attend deteriorating public schools and, according to 
a Department of Education survey, ``53 percent of public 
schools needed to spend money on repairs, renovations, and 
modernizations to put the school's onsite buildings in good 
overall condition.''\3\
---------------------------------------------------------------------------
    \1\ENERGY STAR, ``Schools: An Overview of Energy Use and Energy 
Efficiency Opportunities.''
    \2\Id.
    \3\U.S. Department of Education, National Center for Education 
Statistics, ``Condition of America's Public School Facilities: 2012-
2013,'' at p. 3 (Mar. 2014).
---------------------------------------------------------------------------
    Energy expenses are one of the few costs that can be 
reduced while also improving classroom instruction. Cost-
savings realized from improved energy efficiency can be used to 
help pay for building improvements and classroom upgrades. 
Examples of cost-effective energy efficiency measures available 
to schools include:
           Install energy-efficient lighting systems 
        and controls that improve light quality and reduce heat 
        gain.
           Upgrade and maintain heating and cooling 
        equipment.
           Use a performance contract to guarantee 
        energy savings from upgrades.
           Work with an energy services provider to 
        help manage and improve energy performance.
           Install window films and add insulation or 
        reflective roof coating to reduce energy consumption.
    There are numerous federal initiatives already available to 
schools to help them become more energy efficient. However, 
these programs are spread across the federal government, making 
it challenging, time consuming, and costly for schools to 
identify and take full advantage of these programs.
    The ``Streamlining Energy Efficiency for Schools Act'' 
would provide a consolidated structure to help schools better 
navigate available federal programs, such as DOE's EnergySmart 
Schools program and EPA's Energy Star for K-12 School Districts 
program, and financing options to develop certain energy 
projects. Specifically, the bill establishes a clearinghouse to 
disseminate information regarding available Federal programs 
and financing mechanisms that may be used by schools to 
initiate, develop, and finance energy efficiency, distributed 
generation, and energy retrofitting projects.
    The bill also directs DOE's Office of Energy Efficiency and 
Renewable Energy to coordinate with Federal agencies to develop 
a collaborative education and outreach effort to streamline 
communications and promote available Federal programs and 
financing mechanisms. This may include the development and 
maintenance of a single online resource that provides a ``one-
stop-shop'' that States, local education agencies, and schools 
may use to effectively access and use such Federal programs and 
financing mechanisms.

Supporters of the Legislation

    Supporters of the bill include ASHRAE and U.S. Green 
Building Council.

                                Hearings

    The Committee on Energy and Commerce has not held hearings 
on the legislation.

                        Committee Consideration

    On April 29 and 30, 2014, the Committee on Energy and 
Commerce met in open markup session. During the markup, an 
amendment in the nature of a substitute was offered and adopted 
by a voice vote. The Committee ordered H.R. 4092 favorably 
reported, by a voice vote, to the House of Representatives, as 
amended.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 4092 reported. A motion by Mr. Upton to order H.R. 4092 
reported to the House, as amended, was agreed to by a voice 
vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee made findings that are 
reflected in this report.

         Statement of General Performance Goals and Objectives

    H.R. 4092 establishes a clearinghouse within DOE to 
consolidate and maintain information regarding available 
federal programs and financing mechanisms that may be used by 
schools to develop and implement energy efficiency, distributed 
generation, and energy retrofitting projects.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4092, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    In compliance with clause 9(e), 9(f), and 9(g) of rule XXI 
of the Rules of the House of Representatives, the Committee 
finds that H.R. 4092 contains no earmarks, limited tax 
benefits, or limited tariff benefits.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 20, 2014.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4092, the 
Streamlining Energy Efficiency for Schools Act of 2014.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 4092--Streamlining Energy Efficiency for Schools Act of 2014

    H.R. 4092 would require the Secretary of Energy to 
establish a centralized clearinghouse to disseminate 
information on federal programs, incentives, and mechanisms for 
financing energy-efficient retrofits and upgrades at schools. 
The bill would direct the Secretary to work with other federal 
agencies to develop a comprehensive list of such federal 
programs and to streamline efforts to publicize them through 
education and outreach.
    Based on information from the Department of Energy (DOE) 
about current levels of spending for similar efforts, CBO 
estimates that enacting H.R. 4092 would not significantly 
affect the federal budget. We estimate that any additional 
costs incurred by DOE to expand existing efforts to promote 
opportunities to boost energy efficiency of schools under H.R. 
4092 would total less than $500,000 annually, assuming the 
availability of appropriated funds. H.R. 4092 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    H.R. 4092 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                    Duplication of Federal Programs

    No provision of H.R. 4092 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting H.R. 4092 
specifically directs no rule makings within the meaning of 5 
U.S.C. 551 to be completed.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides the short title of the ``Streamlining 
Energy Efficiency for Schools Act of 2014.''

Section 2. Coordination of Energy Retrofitting Assistance for Schools

    This section amends Section 392 of the Energy Policy and 
Conservation Act by adding a new subsection (e)--``Coordination 
of Energy Retrofitting Assistance for Schools.''
    Subsection (e)(1) adds a new definition of ``school'' for 
purposes of this subsection.
    Subsection (e)(2) requires the Secretary of Energy to 
establish a clearinghouse to disseminate information regarding 
available Federal programs and financing mechanisms that may be 
used to help initiate, develop, and finance energy efficiency, 
distributed generation, and energy retrofitting projects for 
schools.
    Subsection (e)(3) provides that, in carrying out subsection 
(e)(2), the Secretary of Energy shall: (1) consult with 
appropriate Federal agencies to develop a list of Federal 
programs and financing mechanisms that are, or may be, used to 
implement subsection (e)(2); and (2) coordinate with 
appropriate Federal agencies to develop a collaborative 
education and outreach effort to streamline communications and 
promote available Federal programs and financing mechanisms, 
which may include the development and maintenance of a single 
online resource that includes contact information for relevant 
technical assistance within the Department of Energy that 
States, local education agencies, and schools may use to 
effectively access and use such Federal programs and financing 
mechanisms.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

         SECTION 392 OF THE ENERGY POLICY AND CONSERVATION ACT


                               guidelines

  Sec. 392. (a) * * *

           *       *       *       *       *       *       *

  (e) Coordination of Energy Retrofitting Assistance for 
Schools.--
          (1) Definition of school.--Notwithstanding section 
        391(6), for the purposes of this subsection, the term 
        ``school'' means--
                  (A) an elementary school or secondary school 
                (as defined in section 9101 of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                7801));
                  (B) an institution of higher education (as 
                defined in section 102(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1002(a));
                  (C) a school of the defense dependents' 
                education system under the Defense Dependents' 
                Education Act of 1978 (20 U.S.C. 921 et seq.) 
                or established under section 2164 of title 10, 
                United States Code;
                  (D) a school operated by the Bureau of Indian 
                Affairs;
                  (E) a tribally controlled school (as defined 
                in section 5212 of the Tribally Controlled 
                Schools Act of 1988 (25 U.S.C. 2511)); and
                  (F) a Tribal College or University (as 
                defined in section 316(b) of the Higher 
                Education Act of 1965 (20 U.S.C. 1059c(b))).
          (2) Establishment of clearinghouse.--The Secretary, 
        acting through the Office of Energy Efficiency and 
        Renewable Energy, shall establish a clearinghouse to 
        disseminate information regarding available Federal 
        programs and financing mechanisms that may be used to 
        help initiate, develop, and finance energy efficiency, 
        distributed generation, and energy retrofitting 
        projects for schools.
          (3) Requirements.--In carrying out paragraph (2), the 
        Secretary shall--
                  (A) consult with appropriate Federal agencies 
                to develop a list of Federal programs and 
                financing mechanisms that are, or may be, used 
                for the purposes described in paragraph (2); 
                and
                  (B) coordinate with appropriate Federal 
                agencies to develop a collaborative education 
                and outreach effort to streamline 
                communications and promote available Federal 
                programs and financing mechanisms described in 
                subparagraph (A), which may include the 
                development and maintenance of a single online 
                resource that includes contact information for 
                relevant technical assistance in the Office of 
                Energy Efficiency and Renewable Energy that 
                States, local education agencies, and schools 
                may use to effectively access and use such 
                Federal programs and financing mechanisms.