Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?
                                                      Calendar No. 222
116th Congress      }                                   {       Report
                                 SENATE
 1st Session        }                                   {      116-119

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



 
      FEDERAL ENERGY AND WATER MANAGEMENT PERFORMANCE ACT OF 2019

                                _______
                                

               September 25, 2019.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1857]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1857) to amend the National Energy 
Conservation Policy Act to improve Federal energy and water 
performance requirements for Federal buildings and establish a 
Federal Energy Management Program, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill, as amended, do pass.
    The amendments are as follows:
    On page 3, strike lines 1 through 7 and insert the 
following:

    water consumption intensity--
                          ``(i) by 54 percent by fiscal year 
                        2030, relative to the water consumption 
                        of the agency in fiscal year 2007, 
                        through reductions of 2 percent each 
                        fiscal year (as measured in gallons per 
                        gross square foot);
                          ``(ii) by reducing the industrial, 
                        landscaping, and agricultural water 
                        consumption of the agency, as compared 
                        to a baseline of that consumption by 
                        the agency in fiscal year 2010, through 
                        reductions of 2 percent each fiscal 
                        year (as measured in gallons); and
                          ``(iii) by installing appropriate 
                        infrastructure features on federally 
                        owned property to improve stormwater 
                        and waste-water management; and''.

    On page 12, line 1, strike ``implement new'' and insert 
``establish and implement''.
    On page 12, line 2, strike ``new''.
    On page 12, line 6, strike ``and sustainable design 
principles''.
    On page 12, line 10, insert ``that meet the highest energy 
conservation standards'' after ``products''.

                                Purpose

    The purpose of S. 1857, as ordered reported, is to amend 
the National Energy Conservation Policy Act (NECPA, Public Law 
95-619) to improve Federal energy and water performance 
requirements for Federal buildings and establish a Federal 
Energy Management Program (FEMP).

                          Background and Need

    Forty percent of the nation's energy is consumed in 
buildings--far more than either the transportation or industry 
sectors. The Federal Government is the nation's largest energy 
consumer and one of the largest energy consumers in the world. 
FEMP leverages Department of Energy expertise to help the 
Department and other Federal agencies reduce their energy and 
water consumption.
    FEMP provides training, guidance, and technical assistance 
to enable Federal agencies to meet energy-related goals, works 
with agencies and stakeholders to identify affordable 
solutions, facilitates energy and water savings through public-
private partnerships, and provides energy leadership to the 
country by identifying government best practices. These efforts 
have resulted in the Federal Government achieving a 49 percent 
reduction in energy intensity since 1975 and cost savings of 
approximately $50 billion.
    FEMP is an existing program that has never been authorized, 
although many energy management functions were specified in the 
NECPA. S. 1857, the Federal Energy and Water Management 
Performance Act of 2019, formally authorizes and details FEMP's 
duties and sets energy and water reduction goals for 10 years 
for Federal buildings.

                          Legislative History

    S. 1857 was introduced by Senators Murkowski, Manchin, 
Portman, Shaheen, Gardner, and Hirono on June 13, 2019. The 
Subcommittee on Energy held a legislative hearing on S. 1857 on 
July 9, 2019.
    The Senate Committee on Energy and Natural Resources met in 
open business session on July 16, 2019, and ordered S. 1857 
favorably reported, as amended.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 16, 2019, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
1857, if amended as described herein.

                          Committee Amendments

    During its consideration of S. 1857, the Committee adopted 
amendments to clarify and expand section 2 to ensure that 
industrial, landscaping, and agricultural water consumption are 
included in Federal water use reduction goals, and that 
stormwater and wastewater management infrastructure 
improvements are also considered. The amendments also make 
technical corrections relating to the duties outlined for FEMP.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 sets forth the short title of the bill.

Sec. 2. Energy and water performance requirement for federal buildings

    Subsection (a) amends section 543 of NECPA by adding water 
efficiency and establishing goals to reduce energy and water 
use in Federal buildings. The head of each Federal agency is 
required to reduce energy use by 2.5 percent per year for each 
of the fiscal years (FYs) 2020 through 2030 (relative to FY 
2018), and to reduce water use by 54 percent by FY 2030 
(relative to FY 2007). That total water use reduction is to be 
achieved by reducing water consumption by two percent each FY 
(relative to FY 2007), and by two percent each FY (relative to 
FY 2010) for industrial, landscaping, and agricultural water 
consumption. The Secretary is required by December 31, 2029, to 
review the results of the implementation of energy and water 
performance requirements, and to submit a report to Congress 
with recommendations concerning such requirements for FYs 2031 
through 2040. Each Federal agency is required by October 1, 
2019, to begin installing energy and water conservation 
measures that the Secretary has deemed life-cycle cost-
effective. Finally, within 180 days of enactment, this section 
requires the Secretary to update guidelines for water metering.
    Subsection (b) updates the table of contents for NECPA 
accordingly.

Sec. 3. Federal Energy Management Program

    Section 3 amends section 543 of NECPA to codify the Federal 
Energy Management Program in order to facilitate the 
implementation of cost-effective energy and water management 
and energy-related investment practices by the Federal 
government, to coordinate and strengthen Federal energy and 
water resilience, and promote environmental stewardship. This 
section also lists program activities related to strategic 
planning and technical assistance; energy and water management 
and reporting, which requires FEMP to submit to each Federal 
agency a report that facilitates the energy and water 
management, energy-related investment practices, and 
environmental stewardship of the agency in support of Federal 
goals, and to establish new Federal building energy efficiency 
standards; Federal policy coordination, which requires FEMP to 
report on the implementation of the President's priorities, 
including Executive Orders, relating to energy and water use in 
Federal buildings; and facility and fleet optimization. It 
further directs the Secretary to appoint a Federal Director of 
the program within the Senior Executive Service to provide 
leadership and coordinate the program's activities. In addition 
to overseeing FEMP, the Federal Director is required to 
establish an advisory management council to consist of 
representatives from the Council on Environmental Quality, the 
Office of Management and Budget, and the Office of Federal 
High-Performance Green Buildings in the General Services 
Administration. Finally, this section authorizes $36 million 
for each of FYs 2020 through 2030.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1857. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1857, as ordered reported.

                   Congressionally Directed Spending

    S. 1857, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of Energy at the 
July 9, 2019, hearing on S. 1857 follows:

Testimony of the Honorable Bruce J. Walker, Assistant Secretary, Office 
                of Electricity U.S. Department of Energy


                              introduction


    Chairman Cassidy, Ranking Member Heinrich, and Members of 
the Subcommittee, it is an honor and a privilege to serve at 
the Department of Energy (DOE or the Department), as Assistant 
Secretary for the Office of Electricity. DOE is charged with, 
among other important responsibilities, providing our Nation 
with premier energy research and development (R&D) activities. 
The work being conducted by DOE is setting the course for 
various advancements in the energy field and beyond. Issues 
like energy storage, improving energy efficiency, creating 
breakthroughs in how we extract and utilize our Nation's fossil 
fuels, and Artificial Intelligence are just some of the 
important areas of DOE research. These are also the topics 
being covered at today's hearing.


                           energy efficiency


    EERE is, among other strategic goals, aiming to improve the 
energy efficiency of our nation's homes, buildings, and 
industries. EERE has set milestones for providing energy 
savings of 25 percent--50 percent by 2020-2030. By developing 
new materials, technologies, and processes for American homes, 
buildings, and industry, EERE will implement threshold energy 
performance standards, improve building energy codes, and 
support home weatherization.
S. 1857--Federal Energy and Water Management Performance Act of 2019
    The Federal Energy and Water Management Performance Act of 
2019 is structured into two key areas: establishing energy and 
water performance requirements for Federal buildings, with an 
increased emphasis on water management activities; and 
codifying the Federal Energy Management Program (FEMP) and its 
activities and authorities which are currently directed to the 
Secretary by statute and delegated to FEMP by the Secretary. 
Given its complexity, the Department continues to review this 
bill and believes that the Secretary should retain authority 
over the program.


                               conclusion


    Thank you again for the opportunity to testify today on 
behalf of DOE. The Department appreciates the ongoing 
bipartisan efforts to address our nation's energy challenges, 
and looks forward to working with the Committee on the 
legislation on today's agenda and any future legislation.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the changes in existing law made 
by the original bill, as reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                NATIONAL ENERGY CONSERVATION POLICY ACT

Public Law 95-619, as amended

           *       *       *       *       *       *       *



                      TITLE I--GENERAL PROVISIONS

SEC. 101. SHORT TITLE AND TABLE OF CONTENTS.

           *       *       *       *       *       *       *


    (b) Table of Contents.--

           *       *       *       *       *       *       *


TITLE V--FEDERAL ENERGY INITIATIVES

           *       *       *       *       *       *       *


                   PART 3--FEDERAL ENERGY MANAGEMENT

Sec. 541. Findings.
Sec. 542. Policy.
[Sec. 543. Purpose.]
Sec. 543. Energy and water management requirements.
Sec. 544. Definitions.
Sec. 545. Establishment and use of life cycle cost methods.
Sec. 546. Energy performance targets for Federal buildings.
Sec. 547. Energy audits and retrofitting of existing Federal buildings.
Sec. 548. Leased Federal buildings.
Sec. 549. Budget treatment of energy conserving improvements by Federal 
          agencies.
Sec. 550. Reports.
Sec. 551. Authorization of appropriations.

           *       *       *       *       *       *       *


TITLE V--FEDERAL ENERGY INITIATIVES

           *       *       *       *       *       *       *


PART 3--FEDERAL ENERGY MANAGEMENT

           *       *       *       *       *       *       *



SECTION 543. ENERGY AND WATER MANAGEMENT REQUIREMENTS.

    (a) Energy and Water Performance Requirement for Federal 
Buildings.--[(1) Subject to paragraph (2), each agency shall 
apply energy conservation measures to, and shall improve the 
design for the construction of, the Federal buildings of the 
agency (including each industrial or laboratory facility) so 
that the energy consumption per gross square foot of the 
Federal buildings of the agency in fiscal years 2006 through 
2015 is reduced, as compared with the energy consumption per 
gross square foot of the Federal buildings of the agency in 
fiscal year 2003, by the percentage specified in the following 
table:

Fiscal Year                                         Percentage Reduction
    2006......................................................         2
    2007......................................................         4
    2008......................................................         9
    2009......................................................        12
    2010......................................................        15
    2011......................................................        18
    2012......................................................        21
    2013......................................................        24
    2014......................................................        27
    2015......................................................       30]

          (1) In general.--Subject to paragraph (2), the head 
        of each Federal agency shall--
                  (A) for each of fiscal years 2020 through 
                2030, reduce average building energy intensity 
                (as measured in British thermal units per gross 
                square foot) at facilities of the agency by 2.5 
                percent each fiscal year relative to the 
                average building energy intensity of the 
                facilities of the agency in fiscal year 2018;
                  (B) for each of fiscal years 2020 through 
                2030, improve water use efficiency and 
                management, including stormwater management, at 
                facilities of the agency by reducing agency 
                potable water consumption intensity--
                          (i) by 54 percent by fiscal year 
                        2030, relative to the water consumption 
                        of the agency in fiscal year 2007, 
                        through reductions of 2 percent each 
                        fiscal year (as measured in gallons per 
                        gross square foot);
                          (ii) by reducing the industrial, 
                        landscaping, and agricultural water 
                        consumption of the agency, as compared 
                        to a baseline of that consumption by 
                        the agency in fiscal year 2010, through 
                        reductions of 2 percent each fiscal 
                        year (as measured in gallons); and
                          (iii) by installing appropriate 
                        infrastructure features on federally 
                        owned property to improve stormwater 
                        and waste-water management; and
                  (C) to the maximum extent practicable, in 
                carrying out subparagraphs (A) and (B), take 
                measures that are life cycle cost effective (as 
                defined in subsection (f)(1)).
          [(2) An agency] (2) Energy and water intensive 
        building exclusion._An agency may exclude from the 
        requirements of paragraph (1) any building, and the 
        associated energy and water consumption and gross 
        square footage, in which energy and water intensive 
        activities are carried out. Each agency shall identify 
        and list in each report made under section 548(a) the 
        buildings designated by it for such exclusion.
          [(3) Not later than December 31, 2014, the Secretary 
        shall review the results of the implementation of the 
        energy performance requirement established under 
        paragraph (1) and submit to Congress recommendations 
        concerning energy performance requirements for fiscal 
        years 2016 through 2025.]
          (3) Recommendations.--Not later than December 31, 
        2029, the Secretary shall--
                  (A) review the results of the implementation 
                of the energy and water performance 
                requirements established under paragraph (1); 
                and
                  (B) submit to Congress recommendations 
                concerning energy and water performance 
                requirements for fiscal years 2031 through 
                2040.
    (b) Energy and Water Management Requirement for Federal 
Agencies.--[(1) Not later than January 1, 2005, each agency 
shall, to the maximum extent practicable, install in Federal 
buildings owned by the United States all energy and water 
conservation measures with payback periods of less than 10 
years, as determined by using the methods and procedures 
developed pursuant to section 544.]
          (1) In general.--Each agency shall--
                  (A) not later than October 1, 2019, to the 
                maximum extent practicable, begin installing in 
                Federal buildings owned by the United States 
                all energy and water conservation measures 
                determined by the Secretary to be life cycle 
                cost effective (as defined in subsection 
                (f)(1)); and
                  (B) complete the installation described in 
                subparagraph (A) as soon as practicable after 
                the date referred to in that subparagraph.
          (2) The Secretary may waive the requirements of this 
        subsection for any agency for such periods as the 
        Secretary may determine if the Secretary finds that the 
        agency is taking all practicable steps to meet the 
        requirements and that the requirements of this 
        subsection will pose an unacceptable burden upon the 
        agency. If the Secretary waives the requirements of 
        this subsection, the Secretary shall, as part of the 
        report required under section 548(b), notify the 
        Congress in writing with an explanation and a 
        justification of the reasons for such waiver.
          (3) This subsection shall not apply to an agency's 
        facilities that generate or transmit electric energy or 
        to the uranium enrichment facilities operated by the 
        Department of Energy.
          (4) An agency may participate in the Environmental 
        Protection Agency's ``Green Lights'' program for 
        purposes of receiving technical assistance in complying 
        with the requirements of this section.
    (c) Exclusions.--(1)(A) [An agency] The head of each agency 
may exclude, from the energy or water performance requirement 
for a fiscal year established under subsection (a) of this 
section and the energy or water management requirement 
established under subsection (b) of this section, any Federal 
building or collection of Federal buildings, if the head of the 
agency finds that--
          (i) compliance with those requirements would be 
        impracticable;
          (ii) the agency has completed and submitted all 
        federally required energy management reports;
          (iii) the agency has achieved compliance with the 
        energy efficiency requirements of this chapter, the 
        Energy Policy Act of 1992, Executive orders, and other 
        Federal law; and
          (iv) the agency has implemented all practicable, life 
        cycle cost-effective projects with respect to the 
        Federal building or collection of Federal buildings to 
        be excluded.
    (B) A finding of impracticability under subparagraph (A)(i) 
shall be based on--
          (i) the energy or water intensiveness of activities 
        carried out in the Federal building or collection of 
        Federal buildings; or
          (ii) the fact that the Federal building or collection 
        of Federal buildings is used in the performance of a 
        national security function.
    (2) Each agency shall identify and list, in each report 
made under section 548(a), the Federal buildings designated by 
it for such exclusion. The Secretary shall review such findings 
for consistency with the standards for exclusion set forth in 
paragraph (1), and may within 90 days after receipt of the 
findings, reverse the exclusion. In the case of any such 
reversal, the agency shall comply with the requirements of 
subsections (a) and (b)(1) of this section for the building 
concerned.
    (3) Not later than 180 days after the date of enactment of 
this paragraph, the Secretary shall issue guidelines that 
establish criteria for exclusions under paragraph (1).
    (d) Implementation Steps.--The Secretary shall consult with 
the Secretary of Defense and the Administrator of General 
Services in developing guidelines for the implementation of 
this part. To meet the requirements of this section, each 
agency shall--
          (1) prepare and submit to the Secretary, not later 
        than December 31, 1993, a plan describing how the 
        agency intends to meet such requirements, including how 
        it will--
                  (A) designate personnel primarily responsible 
                for achieving such requirements;
                  (B) identify high priority projects through 
                calculation of payback periods;
                  (C) take maximum advantage of contracts 
                authorized under subchapter VII of this 
                chapter, of financial incentives and other 
                services provided by utilities for efficiency 
                investment, and of other forms of financing to 
                reduce the direct costs to the Government; and
                  (D) otherwise implement this part;
          (2) perform energy and water surveys of its Federal 
        buildings to the extent necessary and update such 
        surveys as needed, incorporating any relevant 
        information obtained from the survey conducted pursuant 
        to section 550;
          (3) using such surveys, determine the cost and 
        payback period of energy and water conservation 
        measures likely to achieve the requirements of this 
        section;
          (4) install energy and water conservation measures 
        that will achieve the requirements of this section 
        through the methods and procedures established pursuant 
        to section 544; and
          (5) ensure that the operation and maintenance 
        procedures applied under this section are continued.
    (e) Metering of Energy and Water Use.--
          (1) Deadline.--By [October 1, 2012] October 1, 2020, 
        in accordance with guidelines established by the 
        Secretary under paragraph (2), all Federal buildings 
        shall, for the purposes of efficient use of energy and 
        water and reduction in the cost of electricity and 
        water used in such buildings, be metered. Each agency 
        shall use, to the maximum extent practicable, advanced 
        meters or advanced metering devices that provide data 
        at least daily and that measure at least hourly 
        consumption of electricity and water in the Federal 
        buildings of the agency. Not later than October 1, 
        2016, each agency shall provide for equivalent metering 
        of natural gas and steam, in accordance with guidelines 
        established by the Secretary under paragraph (2). Such 
        data shall be incorporated into existing Federal energy 
        and water tracking systems and made available to 
        Federal facility managers.
          (2) Guidelines.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of this subsection, 
                the Secretary, in consultation with the 
                Department of Defense, the General Services 
                Administration, representatives from the 
                metering industry, utility industry, energy 
                services industry, energy efficiency industry, 
                energy efficiency advocacy organizations, 
                national laboratories, universities, [and] 
                Federal facility managers, and any other person 
                the Secretary deems necessary, shall establish 
                guidelines for agencies to carry out paragraph 
                (1).
                  (B) Requirements for guidelines.--The 
                guidelines shall--
                          (i) take into consideration--
                                  (I) the cost of metering and 
                                the reduced cost of operation 
                                and maintenance expected to 
                                result from metering;
                                  (II) the extent to which 
                                metering is expected to result 
                                in increased potential for 
                                energy and water management, 
                                increased potential for energy 
                                and water savings and energy 
                                and water efficiency 
                                improvement, and cost and 
                                energy and water savings due to 
                                utility contract aggregation; 
                                and
                                  (III) the measurement and 
                                verification protocols of the 
                                Department of Energy;
                          (ii) include recommendations 
                        concerning the amount of funds and the 
                        number of trained personnel necessary 
                        to gather and use the metering 
                        information to track and reduce energy 
                        and water use;
                          (iii) establish priorities for types 
                        and locations of buildings to be 
                        metered based on cost-effectiveness and 
                        a schedule of one or more dates, not 
                        later than 1 year after the date of 
                        issuance of the guidelines, on which 
                        the requirements specified in paragraph 
                        (1) shall take effect; and
                          (iv) establish exclusions from the 
                        requirements specified in paragraph (1) 
                        based on the de minimis quantity of 
                        energy and water use of a Federal 
                        building, industrial process, or 
                        structure.
                  (C) Update.--Not later than 180 days after 
                the date of enactment of this subparagraph, the 
                Secretary shall update the guidelines 
                established under subparagraph (A) to take into 
                account water efficiency requirements under 
                this section.
          (3) Plan.--Not later than 180 days after the date on 
        which guidelines are [established under paragraph (2)] 
        updated under paragraph (2)(C), in a report submitted 
        by the agency under section 548(a), each agency shall 
        submit to the Secretary a plan describing the manner in 
        which the agency will implement the requirements of 
        paragraph (1), including
                  (A) how the agency will designate personnel 
                primarily responsible for achieving the 
                requirements; and
                  (B) a demonstration by the agency, complete 
                with documentation, of any finding that 
                advanced meters or advanced metering devices 
                (as those terms are used in paragraph (1)), are 
                not practicable.
          (4) Best practices report.--
                  (A) In general.--Not later than 180 days 
                after the enactment of [this paragraph] the 
                Federal Energy and Water Management Performance 
                Act of 2019, the Secretary of Energy, in 
                consultation with the Secretary of Defense and 
                the Administrator of General Services, shall 
                develop, and issue a report on, best practices 
                for the use of advanced metering of energy and 
                water use in Federal facilities, buildings, and 
                equipment by Federal agencies.
                  (B) Components.--The report shall include, at 
                a minimum--
                          (i) summaries and analysis of the 
                        reports by agencies under paragraph 
                        (3);
                          (ii) recommendations on standard 
                        requirements or guidelines for 
                        automated energy and water management 
                        systems, including--
                                  (I) potential common 
                                communications standards to 
                                allow data sharing and 
                                reporting;
                                  (II) means of facilitating 
                                continuous commissioning of 
                                buildings and evidence-based 
                                maintenance of buildings and 
                                building systems; and
                                  (III) standards for 
                                sufficient levels of security 
                                and protection against cyber 
                                threats to ensure systems 
                                cannot be controlled by 
                                unauthorized persons; and
                          (iii) an analysis of--
                                  (I) the types of advanced 
                                metering and monitoring systems 
                                being piloted, tested, or 
                                installed in Federal buildings; 
                                and
                                  (II) existing techniques used 
                                within the private sector or 
                                other non-Federal government 
                                buildings.
    (f) Use of Energy and Water Efficiency Measures in Federal 
Buildings.--
          (1) Definitions.--In this subsection:
                  (A) Commissioning.--The term 
                ``commissioning'', with respect to a facility, 
                means a systematic process--
                          (i) of ensuring, using appropriate 
                        verification and documentation, during 
                        the period beginning on the initial day 
                        of the design phase of the facility and 
                        ending not earlier than 1 year after 
                        the date of completion of construction 
                        of the facility, that all facility 
                        systems perform interactively in 
                        accordance with--
                                  (I) the design documentation 
                                and intent of the facility; and
                                  (II) the operational needs of 
                                the owner of the facility, 
                                including preparation of 
                                operation personnel; and
                          (ii) the primary goal of which is to 
                        ensure fully functional systems that 
                        can be properly operated and maintained 
                        during the useful life of the facility.
                  (B) Energy manager.--
                          (i) In general.--The term ``energy 
                        manager'', with respect to a facility, 
                        means the individual who is responsible 
                        for--
                                  (I) ensuring compliance with 
                                this subsection by the 
                                facility; and
                                  (II) reducing energy or water 
                                use at the facility.
                          (ii) Inclusions.--The term ``energy 
                        manager'' may include--
                                  (I) a contractor of a 
                                facility;
                                  (II) a part-time employee of 
                                a facility; and
                                  (III) an individual who is 
                                responsible for multiple 
                                facilities.
                  (C) Facility.--
                          (i) In general.--The term 
                        ``facility'' means any building, 
                        installation, structure, or other 
                        property (including any applicable 
                        fixtures) owned or operated by, or 
                        constructed or manufactured and leased 
                        to, the Federal Government.
                          (ii) Inclusions.--The term 
                        ``facility'' includes--
                                  (I) a group of facilities at 
                                a single location or multiple 
                                locations managed as an 
                                integrated operation; and
                                  (II) contractor-operated 
                                facilities owned by the Federal 
                                Government.
                          (iii) Exclusions.--The term 
                        ``facility'' does not include any land 
                        or site for which the cost of utilities 
                        is not paid by the Federal Government.
                  (D) Life cycle cost-effective.--The term 
                ``life cycle cost-effective'', with respect to 
                a measure, means a measure, the estimated 
                savings of which exceed the estimated costs 
                over the lifespan of the measure, as determined 
                in accordance with section 544.
                  (E) Payback period.--
                          (i) In general.--Subject to clause 
                        (ii), the term ``payback period'', with 
                        respect to a measure, means a value 
                        equal to the quotient obtained by 
                        dividing--
                                  (I) the estimated initial 
                                implementation cost of the 
                                measure (other than financing 
                                costs); by
                                  (II) the annual cost savings 
                                resulting from the measure, 
                                including--
                                          (aa) net savings in 
                                        estimated energy and 
                                        water costs; and
                                          (bb) operations, 
                                        maintenance, repair, 
                                        replacement, and other 
                                        direct costs.
                          (ii) Modifications and exceptions.--
                        The Secretary, in guidelines issued 
                        pursuant to paragraph (6), 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.
                  (F) Recommissioning.--The term 
                ``recommissioning'' means a process--
                          (i) of commissioning a facility or 
                        system beyond the project development 
                        and warranty phases of the facility or 
                        system; and
                          (ii) the primary goal of which is to 
                        ensure optimum performance of a 
                        facility, in accordance with design or 
                        current operating needs, over the 
                        useful life of the facility, while 
                        meeting building occupancy 
                        requirements.
                  (G) Retrocommissioning.--The term 
                ``retrocommis-sioning'' means a process of 
                commissioning a facility or system that was not 
                commissioned at the time of construction of the 
                facility or system.
          (2) Facility energy managers.--
                  (A) In general.--Each Federal agency shall 
                designate an energy manager responsible for 
                implementing this subsection and reducing 
                energy and water use at each facility that 
                meets criteria under subparagraph (B).
                  (B) Covered facilities.--The Secretary shall 
                develop criteria, after consultation with 
                affected agencies, [energy] efficiency 
                advocates, and energy and utility service 
                providers, that cover, at a minimum, Federal 
                facilities, including central utility plants 
                and distribution systems and other energy 
                intensive operations, that constitute at least 
                75 percent of facility energy or water use at 
                each agency.
          (3) Energy and water evaluations.--
                  (A) Evaluations.--Effective beginning on the 
                date that is 180 days after the date of 
                enactment of this subsection, and annually 
                thereafter, energy managers shall complete, for 
                each calendar year, a comprehensive energy and 
                water evaluation for approximately 25 percent 
                of the facilities of each agency that meet the 
                criteria under paragraph (2)(B) in a manner 
                that ensures that an evaluation of each such 
                facility is completed at least once every 4 
                years.
                  (B) Recommissioning and retrocommissioning.-- 
                As part of the evaluation under subparagraph 
                (A), the energy manager shall identify and 
                assess recommissioning measures (or, if the 
                facility has never been commissioned, 
                retrocommissioning measures) for each such 
                facility.
          (4) Implementation of identified energy and water 
        efficiency measures.--Not later than 2 years after the 
        completion of each evaluation under paragraph (3), each 
        energy manager may--
                  (A) implement any energy- or water-saving 
                measure that the Federal agency identified in 
                the evaluation conducted under paragraph (3) 
                that is life cycle cost-effective; and
                  (B) bundle individual measures of varying 
                paybacks together into combined projects.
          (5) Follow-up on implemented measures.--For each 
        measure implemented under paragraph (4), each 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.
          (6) Guidelines.--
                  (A) In general.--The Secretary shall issue 
                guidelines and necessary criteria that each 
                Federal agency shall follow for implementation 
                of--
                          (i) paragraphs (2) and (3) not later 
                        than 180 days after the date of 
                        enactment of this subsection; and
                          (ii) paragraphs (4) and (5) not later 
                        than 1 year after the date of enactment 
                        of this subsection.
                  (B) Relationship to funding source.--The 
                guidelines issued by the Secretary under 
                subparagraph (A) shall be appropriate and 
                uniform for measures funded with each type of 
                funding made available under paragraph (10), 
                but may distinguish between different types of 
                measures \1\ project size, and other criteria 
                the Secretary determines are relevant.
          (7) Web-based certification.--
                  (A) In general.--For each facility that meets 
                the criteria established by the Secretary under 
                paragraph (2)(B), the energy manager shall use 
                the web-based tracking system under 
                subparagraph (B)--
                          (i) to certify compliance with the 
                        requirements for--
                                  (I) energy and water 
                                evaluations under paragraph 
                                (3);
                                  (II) implementation of 
                                identified energy and water 
                                measures under paragraph (4); 
                                and
                                  (III) follow-up on 
                                implemented measures under 
                                paragraph (5); and
                          (ii) to publish energy and water 
                        consumption data on an individual 
                        facility basis.
                  (B) Deployment.--
                          (i) In general.--Not later than 1 
                        year after the date of enactment of 
                        this subsection, the Secretary shall 
                        develop and deploy a web-based tracking 
                        system required under this paragraph in 
                        a manner that tracks, at a minimum--
                                  (I) the covered facilities;
                                  (II) the status of meeting 
                                the requirements specified in 
                                subparagraph (A);
                                  (III) the estimated cost and 
                                savings for measures required 
                                to be implemented in a 
                                facility;
                                  (IV) the measured savings and 
                                persistence of savings for 
                                implemented measures; and
                                  (V) the benchmarking 
                                information disclosed under 
                                paragraph (8)(C).
                          (ii) Ease of compliance.--The 
                        Secretary shall ensure that energy 
                        manager compliance with the 
                        requirements in this paragraph, to the 
                        maximum extent practicable--
                                  (I) can be accomplished with 
                                the use of streamlined 
                                procedures and templates that 
                                minimize the time demands on 
                                Federal employees; and
                                  (II) is coordinated with 
                                other applicable energy and 
                                water reporting requirements.
                  (C) Availability.--
                          (i) In general.--Subject to clause 
                        (ii), the Secretary shall make the web-
                        based tracking system required under 
                        this paragraph available to Congress, 
                        other Federal agencies, and the public 
                        through the Internet.
                          (ii) Exemptions.--At the request of a 
                        Federal agency, the Secretary may 
                        exempt specific data for specific 
                        facilities from disclosure under clause 
                        (i) for national security purposes.
          (8) Benchmarking of Federal Facilities.--
                  (A) In general.--The energy manager shall 
                enter energy use data for each metered building 
                that is (or is a part of) a facility that meets 
                the criteria established by the Secretary under 
                paragraph (2)(B) into a building energy use 
                benchmarking system, such as the Energy Star 
                Portfolio Manager.
                  (B) System and guidance.--Not later than 1 
                year after December 19, 2007, the Secretary 
                shall--
                          (i) select or develop the building 
                        energy use benchmarking system required 
                        under this paragraph for each type of 
                        building; and
                          (ii) issue guidance for use of the 
                        system.
                  (C) Public disclosure.--Each energy manager 
                shall post the information entered into, or 
                generated by, a benchmarking system under this 
                subsection, on the web-based tracking system 
                under paragraph (7)(B). The energy manager 
                shall update such information each year, and 
                shall include in such reporting previous years' 
                information to allow changes in building 
                performance to be tracked over time.
          (9) Federal agency scorecards.--
                  (A) In general.--The Director of the Office 
                of Management and Budget shall issue semiannual 
                scorecards for energy and water management 
                activities carried out by each Federal agency 
                that includes--
                          (i) summaries of the status of 
                        implementing the various requirements 
                        of the agency and its energy managers 
                        under this subsection; and
                          (ii) any other means of measuring 
                        performance that the Director considers 
                        appropriate.
                  (B) Availability.--The Director shall make 
                the scorecards required under this paragraph 
                available to Congress, other Federal agencies, 
                and the public through the Internet.
          (10) Funding and implementation.--
                  (A) Authorization of appropriations.--There 
                are authorized to be appropriated such sums as 
                are necessary to carry out this subsection.
                  (B) Funding options.--
                          (i) In general.--To carry out this 
                        subsection, a Federal agency may use 
                        any combination of--
                                  (I) appropriated funds made 
                                available under subparagraph 
                                (A); and
                                  (II) private financing 
                                otherwise authorized under 
                                Federal law, including 
                                financing available through 
                                energy savings performance 
                                contracts or utility energy 
                                service contracts.
                          (ii) Combined funding for same 
                        measure.--A Federal agency may use any 
                        combination of appropriated funds and 
                        private financing described in clause 
                        (i) to carry out the same measure under 
                        this subsection.
                  (C) Implementation.--Each Federal agency may 
                implement the requirements under this 
                subsection itself or may contract out 
                performance of some or all of the requirements.
          (11) Rule of construction.--This subsection shall not 
        be construed to require or to obviate any contractor 
        savings guarantees.
    (g) Large Capital Energy Investments.--
          (1) In general.--Each Federal agency shall ensure 
        that any large capital energy investment in an existing 
        building that is not a major renovation but involves 
        replacement of installed equipment (such as heating and 
        cooling systems), or involves renovation, 
        rehabilitation, expansion, or remodeling of existing 
        space, employs the most energy efficient designs, 
        systems, equipment, and controls that are life-cycle 
        cost effective.
          (2) Process for review of investment decisions.--Not 
        later than 180 days after December 19, 2007, each 
        Federal agency shall--
                  (A) develop a process for reviewing each 
                decision made on a large capital energy 
                investment described in paragraph (1) to ensure 
                that the requirements of this subsection are 
                met; and
                  (B) report to the Director of the Office of 
                Management and Budget on the process 
                established.
          (3) Compliance report.--Not later than 1 year after 
        the date of enactment of this subsection, the Director 
        of the Office of Management and Budget shall evaluate 
        and report to Congress on the compliance of each agency 
        with this subsection.
    (h) Federal Energy Management Program.--
          (1) In general.--The Secretary shall establish a 
        program, to be known as the ``Federal Energy Management 
        Program'' (referred to in this subsection as the 
        ``Program''), to facilitate the implementation by the 
        Federal Government of cost-effective energy and water 
        management and energy-related investment practices--
                  (A) to coordinate and strengthen Federal 
                energy and water resilience; and
                  (B) to promote environmental stewardship.
          (2) Program activities.--
                  (A) Strategic planning and technical 
                assistance.--Under the Program, the Federal 
                Director appointed under paragraph (3)(A) 
                (referred to in this subsection as the 
                ``Federal Director'') shall--
                          (i) provide technical assistance and 
                        project implementation support and 
                        guidance to Federal agencies to 
                        identify, implement, procure, and track 
                        energy and water conservation measures 
                        required under this Act and under other 
                        provisions of law (including 
                        regulations);
                          (ii) in coordination with the 
                        Administrator of the General Services 
                        Administration, establish appropriate 
                        procedures, methods, and best practices 
                        for use by Federal agencies to select, 
                        monitor, and terminate contracts 
                        entered into under section 546 with 
                        utilities;
                          (iii) in coordination with the 
                        Federal Acquisition Regulatory Council, 
                        establish appropriate procedures, 
                        methods, and best practices for use by 
                        Federal agencies to select, monitor, 
                        and terminate contracts entered into 
                        under section 801 with energy service 
                        contractors and utilities;
                          (iv) establish and maintain internet-
                        based information resources and project 
                        tracking systems and tools for energy 
                        and water management;
                          (v) coordinate comprehensive and 
                        strategic approaches to energy and 
                        water resilience planning for Federal 
                        agencies; and
                          (vi) establish a recognition program 
                        for Federal achievement in energy and 
                        water management, energy-related 
                        investment practices, environmental 
                        stewardship, and other relevant areas, 
                        through events such as individual 
                        recognition award ceremonies and public 
                        announcements.
                  (B) Energy and water management and 
                reporting.--Under the Program, the Federal 
                Director shall--
                          (i) track and report on the progress 
                        of Federal agencies in meeting the 
                        requirements of the agency under this 
                        section;
                          (ii) make publicly available annual 
                        Federal agency performance data 
                        required under--
                                  (I) this section and sections 
                                544 through 548; and
                                  (II) section 203 of the 
                                Energy Policy Act of 2005 (42 
                                U.S.C. 15852);
                          (iii)(I) collect energy and water use 
                        and consumption data from each Federal 
                        agency; and
                                  (II) based on that data, 
                                submit to each Federal agency a 
                                report that will facilitate the 
                                energy and water management, 
                                energy-related investment 
                                practices, and environmental 
                                stewardship of the agency in 
                                support of Federal goals under 
                                this Act and under other 
                                provisions of law (including 
                                regulations);
                          (iv)(I) establish new Federal 
                        building energy efficiency standards; 
                        and
                                  (II) in consultation with the 
                                Administrator of the General 
                                Services Administration, acting 
                                through the head of the Office 
                                of High-Performance Green 
                                Buildings, establish and 
                                implement Federal building 
                                sustainable design principles 
                                for Federal facilities;
                          (v) manage the implementation of 
                        Federal building energy efficiency 
                        standards established under section 305 
                        of the Energy Conservation and 
                        Production Act (42 U.S.C. 6834); and
                          (vi) designate products that meet the 
                        highest energy conservation standards 
                        for categories not covered under the 
                        Energy Star program established under 
                        section 324A of the Energy Policy and 
                        Conservation Act (42 U.S.C. 6294a).
                  (C) Federal policy coordination.--Under the 
                Program, the Federal Director shall--
                          (i) develop and implement accredited 
                        training consistent with existing 
                        Federal programs and activities--
                                  (I) relating to energy and 
                                water use, management, and 
                                resilience in Federal 
                                buildings, energy-related 
                                investment practices, and 
                                environmental stewardship; and
                                  (II) that includes in-person 
                                training, internet-based 
                                programs, and national in-
                                person training events;
                          (ii) coordinate and facilitate energy 
                        and water management, energy-related 
                        investment practices, and environmental 
                        stewardship through the Interagency 
                        Energy Management Task Force 
                        established under section 547; and
                          (iii) report on the implementation of 
                        the priorities of the President, 
                        including Executive orders, relating to 
                        energy and water use in Federal 
                        buildings, in coordination with--
                                  (I) the Office of Management 
                                and Budget;
                                  (II) the Council on 
                                Environmental Quality; and 
                                (III) any other entity, as 
                                considered necessary by the 
                                Federal Director.
                  (D) Facility and fleet optimization.--Under 
                the Program, the Federal Director shall develop 
                guidance, supply assistance to, and track the 
                progress of Federal agencies--
                          (i) in conducting portfolio-wide 
                        facility energy and water resilience 
                        planning and project integration;
                          (ii) in building new construction and 
                        major renovations to meet the 
                        sustainable design and energy and water 
                        performance standards required under 
                        this section;
                          (iii) in developing guidelines for--
                                  (I) building commissioning; 
                                and
                                  (II) facility operations and 
                                maintenance; and
                          (iv) in coordination with the 
                        Administrator of the General Services 
                        Administration, in meeting statutory 
                        and agency goals for Federal fleet 
                        vehicles.
          (3) Federal director.--
                  (A) Appointment.--The Secretary shall appoint 
                an individual to serve as Federal Director of 
                the Program, which shall be a career position 
                in the Senior Executive service, to manage the 
                Program and carry out the activities of the 
                Program described in paragraph (2).
                  (B) Duties.--The Federal Director shall--
                          (i) oversee, manage, and administer 
                        the Program;
                          (ii) provide leadership in energy and 
                        water management, energy-related 
                        investment practices, and environmental 
                        stewardship through coordination with 
                        Federal agencies and other appropriate 
                        entities; and
                          (iii) establish a management council 
                        to advise the Federal Director that 
                        shall--
                                  (I) convene not less 
                                frequently than once every 
                                quarter; and
                                  (II) consist of 
                                representatives from--
                                          (aa) the Council on 
                                        Environmental Quality;
                                          (bb) the Office of 
                                        Management and Budget; 
                                        and
                                          (cc) the Office of 
                                        Federal High-
                                        Performance Green 
                                        Buildings in the 
                                        General Services 
                                        Administration.
          (4) Savings clause.--Nothing in this subsection 
        impedes, supersedes, or alters the authority of the 
        Secretary to carry out the remainder of this section or 
        section 305 of the Energy Conservation and Production 
        Act (42 U.S.C. 6834).
          (5) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary to carry 
        out this subsection $36,000,000 for each of fiscal 
        years 2020 through 2030.

                                  [all]