II 

116TH CONGRESS 

2D SESSION S. 5001 

To amend the Energy Independence and Security Act of 2007 to fund 

job-creating improvements in energy and resiliency for Federal buildings 

managed by the General Services Administration, to enable a portfolio 

of clean buildings by 2030, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 10, 2020 

Mr. CARDIN introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To amend the Energy Independence and Security Act of 

2007 to fund job-creating improvements in energy and 

resiliency for Federal buildings managed by the General 

Services Administration, to enable a portfolio of clean 

buildings by 2030, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘GSA Resilient, Energy 

5 Efficient, and Net-Zero Building Jobs Act of 2020’’ or 

6 the ‘‘GREEN Building Jobs Act of 2020’’. 


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1 SEC. 2. FEDERAL BUILDING LEASING. 

2 (a) IN GENERAL.—Section 435 of the Energy Inde3 pendence and Security Act of 2007 (42 U.S.C. 17091) is 

4 amended to read as follows: 

5 ‘‘SEC. 435. LEASING. 

6 ‘‘(a) DEFINITION OF LESSOR.—In this section, the 

7 term ‘lessor’ means any individual, firm, partnership, lim8 ited liability company, trust, association, State, unit of 

9 local government, or legal entity that is the rightful owner 

10 of a property leased to the Federal Government. 

11 ‘‘(b) LEASING REQUIREMENTS.— 

12 ‘‘(1) IN GENERAL.—Except as provided in sub13 section (c), effective beginning on the date that is 1 

14 year after the date of enactment of the GREEN 

15 Building Jobs Act of 2020, no Federal agency shall 

16 enter into a contract to lease space unless— 

17 ‘‘(A) the space is for a building or space 

18 in a building that— 

19 ‘‘(i) in the most recent year, has 

20 earned the Energy Star label under the 

21 Energy Star program established by sec22 tion 324A of the Energy Policy and Con23 servation Act (42 U.S.C. 6294a); and 

24 ‘‘(ii) has obtained or will obtain as a 

25 required performance specification a green 

26 building certification consistent with recVerDate Sep 11 2014 23:24 Dec 17, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5001.IS S5001

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1 ommendations of the Administrator based 

2 on the review of high-performance building 

3 certification systems carried out by the Ad4 ministrator pursuant to section 436(h); 

5 and 

6 ‘‘(B) the contract includes— 

7 ‘‘(i) a requirement for the lessor of 

8 the building to disclose data on consump9 tion of utilities (energy and water)— 

10 ‘‘(I) for the portion of the build11 ing occupied by the agency; and 

12 ‘‘(II) that is provided by the les13 sor through submetering or an alter14 native method identified by the Ad15 ministrator for buildings lacking sub16 meters; and 

17 ‘‘(ii) 1 or more mechanisms to ensure 

18 that the lessor of the building takes rea19 sonable steps to maintain the requirements 

20 of the building described in subparagraph 

21 (A). 

22 ‘‘(2) LOCATION.—In determining the geo23 graphic location of a space to lease under paragraph 

24 (1), the Administrator shall not use as a criterion 

25 the presence or absence of buildings in that location 


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1 that have an Energy Star label described in para2 graph (1)(A)(i) or a green building certification de3 scribed in paragraph (1)(A)(ii). 

4 ‘‘(c) WAIVER.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

6 Federal agency may enter into a contract to lease 

7 space that does not meet a requirement described in 

8 clause (i) or (ii) of subsection (b)(1)(A) if— 

9 ‘‘(A) no other space is available that can 

10 meet that requirement within a reasonable pe11 riod and meet the functional requirements of 

12 the agency, including locational needs; 

13 ‘‘(B) the agency proposes to remain in a 

14 building or a space in a building— 

15 ‘‘(i) that the agency has occupied pre16 viously; and 

17 ‘‘(ii) less than 50 percent of the 

18 leasable space of which is leased by the 

19 Federal Government; 

20 ‘‘(C) the agency proposes to lease a build21 ing or space in a building of historical, architec22 tural, or cultural significance (as defined in sec23 tion 3306(a) of title 40, United States Code); 

24 or 


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1 ‘‘(D) the lease is for not more than 10,000 

2 gross square feet of space in a building less 

3 than 50 percent of the leasable space of which 

4 is leased by the Federal Government. 

5 ‘‘(2) WAIVER APPROVAL.— 

6 ‘‘(A) IN GENERAL.—A Federal agency may 

7 enter into a contract under paragraph (1) if— 

8 ‘‘(i)(I) the agency submits a request 

9 to the Federal Director of the Office of 

10 Federal High-Performance Green Build11 ings indicating the basis for the request 

12 under paragraph (1); and 

13 ‘‘(II) the Federal Director of that Of14 fice approves the request; and 

15 ‘‘(ii) in the case of a waiver under 

16 subparagraph (A), (B), or (C) of para17 graph (1), the contract includes the re18 quirements described in subparagraph 

19 (B)(ii), which— 

20 ‘‘(I) in the case of a waiver under 

21 subparagraph (A) of that paragraph, 

22 shall be required to be implemented 

23 prior to occupancy of the building or 

24 space in the building by the Federal 

25 agency; and 


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1 ‘‘(II) in the case of a waiver 

2 under subparagraph (B) or (C) of 

3 that paragraph, shall be required to 

4 be implemented not later than 1 year 

5 after the Federal agency signs the 

6 contract. 

7 ‘‘(B) CONTRACT REQUIREMENTS.— 

8 ‘‘(i) DEFINITION OF

9 NONBENCHMARKED SPACE.—In this sub10 paragraph, the term ‘nonbenchmarked 

11 space’ means a building or space in a 

12 building for which owners cannot access 

13 whole building utility consumption data, 

14 including buildings— 

15 ‘‘(I) that are located in States 

16 that do not require utilities to provide, 

17 and utilities do not provide, such ag18 gregated information to multitenant 

19 building owners; and 

20 ‘‘(II) the tenants of which do not 

21 provide energy consumption informa22 tion to the commercial building owner 

23 in response to a request from that 

24 owner. 


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1 ‘‘(ii) REQUIREMENTS.—The require2 ments referred to in subparagraph (A)(ii) 

3 are the following: 

4 ‘‘(I) The building or space in a 

5 building— 

6 ‘‘(aa) meets the requirement 

7 described in subsection 

8 (b)(1)(A)(i); or 

9 ‘‘(bb) is renovated for all 

10 feasible energy efficiency and 

11 conservation improvements that 

12 will be cost effective over the life 

13 of the lease (including any op14 tional and reasonably anticipated 

15 extensions or renewals of the 

16 lease), including improvements in 

17 lighting, windows, heating, ven18 tilation, and air conditioning sys19 tems and controls. 

20 ‘‘(II) The building or space in a 

21 building is— 

22 ‘‘(aa) benchmarked under a 

23 nationally recognized, online, and 

24 free benchmarking program, and 


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1 the benchmark is publicly dis2 closed; or 

3 ‘‘(bb) a nonbenchmarked 

4 space. 

5 ‘‘(III) In the case of a building 

6 or space in a building that is a 

7 nonbenchmarked space, the Federal 

8 agency provides to the building owner, 

9 or authorizes the owner to obtain 

10 from the utility, the energy consump11 tion data of the space to enable 

12 benchmarking of the building. 

13 ‘‘(C) INCORPORATION OF ASSISTANCE INTO

14 LEASE.—In the case of a contract to lease 

15 space that receives a waiver under paragraph 

16 (1)(A), the Administrator may— 

17 ‘‘(i) include in the relevant lease pro18 curement documents a statement about the 

19 availability of financial incentives and tech20 nical assistance under the pilot program 

21 established under subsection (g); or 

22 ‘‘(ii)(I) incorporate into the terms of 

23 the lease with the lessor any financial in24 centive or technical assistance provided to 

25 that lessor under that pilot program; and 


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1 ‘‘(II) if subclause (I) is carried out, 

2 extend the deadline required under sub3 paragraph (A)(ii)(I). 

4 ‘‘(d) REVISION OF FEDERAL REGULATIONS.—Not 

5 later than 1 year after the date of enactment of the 

6 GREEN Building Jobs Act of 2020, the Administrator 

7 shall revise Part 102–73(c) of the Federal Management 

8 Regulation and Part 570 of the General Services Adminis9 tration Acquisition Manual, as appropriate, to reflect the 

10 requirements of this section. 

11 ‘‘(e) REPORT.—The Administrator shall annually 

12 publish on the website of the General Services Administra13 tion a report on the aggregate compliance of all leased 

14 buildings and spaces in buildings held by the General 

15 Services Administration with the most recent version of 

16 the Guiding Principles for Sustainable Federal Buildings. 

17 ‘‘(f) COMPLIANCE IMPROVEMENT.—Not later than 

18 180 days after the date of enactment of the GREEN 

19 Building Jobs Act of 2020, the Administrator shall de20 velop and implement a policy to improve lessor compliance 

21 with energy efficiency provisions of leases, including by 

22 considering a variety of approaches. 

23 ‘‘(g) INCENTIVE PILOT PROGRAM.— 

24 ‘‘(1) IN GENERAL.—The Administrator shall es25 tablish a pilot program to provide financial incenVerDate Sep 11 2014 23:24 Dec 17, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5001.IS S5001

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1 tives for lessors to achieve an Energy Star label 

2 under the Energy Star program established by sec3 tion 324A of the Energy Policy and Conservation 

4 Act (42 U.S.C. 6294a) in a building— 

5 ‘‘(A) in which space is leased to a Federal 

6 agency; and 

7 ‘‘(B)(i) in which the total space leased by 

8 the Federal Government is less than 50 percent 

9 of the leasable space of the building; 

10 ‘‘(ii) that is of historical, architectural, or 

11 cultural significance (as defined in section 

12 3306(a) of title 40, United States Code); or 

13 ‘‘(iii) for which a waiver is granted under 

14 subsection (c)(1)(A). 

15 ‘‘(2) DIVERSITY.—In carrying out the pilot pro16 gram established under paragraph (1), the Adminis17 trator shall ensure— 

18 ‘‘(A) a diversity in the buildings and 

19 spaces owned by lessors provided financial as20 sistance under that paragraph, including build21 ings with multiple, separate leases that individ22 ually do not trigger requirements under this 

23 Act; and 

24 ‘‘(B) geographical diversity, including the 

25 representation of rural areas. 


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1 ‘‘(3) TECHNICAL ASSISTANCE.—As part of the 

2 pilot program established under paragraph (1), the 

3 Administrator may provide technical assistance, di4 rectly or through contracts, to lessors receiving fi5 nancial assistance under that pilot program. 

6 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated to the Ad8 ministrator $50,000,000 to carry out this sub9 section, to remain available until expended.’’. 

10 (b) REPORT ON REALTY SERVICES.—Section 102(b) 

11 of the Better Buildings Act of 2015 (42 U.S.C. 17062(b)) 

12 is amended by adding at the end the following: 

13 ‘‘(5) REPORT.—Not later than 90 days after 

14 the date of enactment of the GREEN Building Jobs 

15 Act of 2020, the Administrator shall submit to Con16 gress, and make publicly available on the website of 

17 the General Services Administration, a report on the 

18 implementation of paragraph (3), including— 

19 ‘‘(A) the results of the policies and prac20 tices described in that paragraph, including the 

21 number of leases implementing the measures 

22 described in that paragraph; 

23 ‘‘(B) a description of any barriers to 

24 achieving greater energy and water efficiency; 

25 and 


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1 ‘‘(C) recommendations to address those 

2 barriers.’’. 

3 SEC. 3. ENERGY AND WATER EFFICIENCY, NET-ZERO, AND 

4 ZERO EMISSION VEHICLE INFRASTRUCTURE 

5 GOALS. 

6 (a) IN GENERAL.—Subtitle C of title IV of the En7 ergy Independence and Security Act of 2007 (Public Law 

8 110–140; 121 Stat. 1607) is amended by adding at the 

9 end the following: 

10 ‘‘SEC. 442. ENERGY AND WATER EFFICIENCY GOALS. 

11 ‘‘(a) ESTABLISHMENT.—Subject to subsections (b), 

12 (c), and (d), the Administrator shall, for each of fiscal 

13 years 2021 through 2030— 

14 ‘‘(1) reduce average building energy intensity 

15 (as measured in British thermal units per gross 

16 square foot) at GSA facilities by 2.5 percent each 

17 fiscal year so that the average building energy inten18 sity of GSA facilities is reduced by 25 percent or 

19 greater by 2030, relative to the average building en20 ergy intensity of GSA facilities in fiscal year 2018; 

21 ‘‘(2) improve water use efficiency and manage22 ment at GSA facilities by reducing average potable 

23 water consumption intensity (as measured in gallons 

24 per gross square foot)— 


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1 ‘‘(A) by 54 percent by fiscal year 2030, 

2 relative to the average water consumption of 

3 GSA facilities in fiscal year 2007; and 

4 ‘‘(B) through reductions of 2 percent each 

5 fiscal year; 

6 ‘‘(3) reduce industrial, landscaping, and agricul7 tural water consumption at GSA facilities (as meas8 ured in gallons)— 

9 ‘‘(A) by 20 percent by fiscal year 2030, 

10 relative to the industrial, landscaping, and agri11 cultural water consumption of GSA facilities in 

12 fiscal year 2018; and 

13 ‘‘(B) through reductions of 2 percent each 

14 fiscal year; and 

15 ‘‘(4) to the maximum extent practicable, carry 

16 out paragraphs (1) through (3) in a manner that is 

17 lifecycle cost effective. 

18 ‘‘(b) ENERGY AND WATER INTENSIVE FACILITY EX19 CLUSIONS.— 

20 ‘‘(1) IN GENERAL.—The Administrator may ex21 clude from the requirements under paragraph (1) or 

22 (2) of subsection (a), as applicable, any GSA facility 

23 in which energy- or water-intensive activities are car24 ried out. 


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1 ‘‘(2) REPORT.—The Administrator shall include 

2 in the report submitted to the Secretary of Energy 

3 under section 548(a) of the National Energy Con4 servation Policy Act (42 U.S.C. 8258(a)) a list iden5 tifying each GSA facility excluded under paragraph 

6 (1) and a statement of whether the exclusion is on 

7 the basis of energy-intensive activities, water-inten8 sive activities, or both energy- and water-intensive 

9 activities. 

10 ‘‘(c) ALTERNATIVE METRIC FOR MEASURING POTA11 BLE WATER CONSUMPTION INTENSITY.— 

12 ‘‘(1) IN GENERAL.—The Administrator may de13 velop an alternative metric for measuring potable 

14 water consumption intensity under subsection (a)(2), 

15 including by using occupancy, building use type, or 

16 other attributes relevant to potable water use and 

17 potential for efficiency. 

18 ‘‘(2) ORIGINAL METRIC.—If the Administrator 

19 develops an alternative metric under paragraph (1), 

20 the Administrator shall not cease tracking and re21 porting potable water consumption intensity in gal22 lons per gross square foot. 

23 ‘‘(d) STRINGENT GOALS.—In the case of a conflict 

24 between a goal established under subsection (a) and a 

25 Federal energy or water intensity goal established under 


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1 section 543(a) of the National Energy Conservation Policy 

2 Act (42 U.S.C. 8253(a)) with respect to GSA facilities, 

3 the Administrator shall apply the more stringent goal. 

4 ‘‘(e) PRIVATE SECTOR FINANCING PRIORITY.— 

5 ‘‘(1) IN GENERAL.—In carrying out this sec6 tion, the Administrator shall prioritize projects in 

7 which Federal funds will be used to leverage private 

8 sector financing using public-private partnerships, 

9 including through energy savings performance con10 tracts and other mechanisms. 

11 ‘‘(2) ANALYSIS.—The Administrator shall select 

12 priority projects under paragraph (1) on the basis of 

13 analysis that ensures a maximum beneficial use of 

14 private finance for the project. 

15 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated to the Administrator 

17 $500,000,000 to carry out this section and section 443, 

18 to remain available until expended, including— 

19 ‘‘(1) to supplement project budgets beyond cost20 effective and minimum efficiency requirements; 

21 ‘‘(2) for onsite or community renewable energy 

22 and energy storage and other approaches to reduce 

23 total carbon footprints of GSA facilities; 

24 ‘‘(3) to achieve embodied carbon reductions on 

25 new construction and major renovation projects; and 


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1 ‘‘(4) for pilot testing of new construction and 

2 retrofit technologies that may help achieve net-zero 

3 energy and net-zero carbon (as those terms are de4 fined in section 443(a)). 

5 ‘‘SEC. 443. NET-ZERO GOALS. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) ALLOWED CARBON OFFSET.—The term 

8 ‘allowed carbon offset’ means an allowed carbon off9 set as defined by the Federal Director of the Office 

10 of Federal High-Performance Green Buildings. 

11 ‘‘(2) ALLOWED OFFSITE RENEWABLE ENERGY

12 SOURCE.—The term ‘allowed offsite renewable en13 ergy source’ means an allowed offsite renewable en14 ergy source as defined by the Federal Director of 

15 the Office of Federal High-Performance Green 

16 Buildings— 

17 ‘‘(A) including requirements for district 

18 energy systems, community sources, and pur19 chase options; and 

20 ‘‘(B) taking into consideration an effi21 ciency-first strategy, optimization of carbon im22 pact, and ensuring accountability. 

23 ‘‘(3) NET-ZERO CARBON.— 

24 ‘‘(A) IN GENERAL.—The term ‘net-zero 

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1 efficient building (as determined by the Admin2 istrator) or group of highly energy-efficient 

3 buildings, a building or group of buildings of 

4 which, for not less than 1 year, the carbon 

5 emissions resulting from building operations, as 

6 described in subparagraph (B), are equal to or 

7 less than the carbon emissions avoided or off8 set, as described in subparagraph (C). 

9 ‘‘(B) CARBON EMISSIONS FROM BUILDING

10 OPERATIONS.—Carbon emissions resulting from 

11 building operations— 

12 ‘‘(i) shall include carbon related to en13 ergy consumption from onsite and offsite 

14 sources; and 

15 ‘‘(ii) may include other sources of 

16 emissions, such as occupant transpor17 tation, water, waste, and embodied carbon 

18 of materials. 

19 ‘‘(C) CARBON EMISSIONS AVOIDED OR

20 OFFSET.—Carbon emissions avoided or offset— 

21 ‘‘(i) shall include carbon associated 

22 with exports of renewable energy generated 

23 on site; and 


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1 ‘‘(ii) may include allowed offsite re2 newable energy sources and allowed carbon 

3 offsets. 

4 ‘‘(4) NET-ZERO ENERGY.— 

5 ‘‘(A) IN GENERAL.—The term ‘net-zero en6 ergy’ means, with respect to a highly energy-ef7 ficient building (as determined by the Adminis8 trator), a building for which, on a source energy 

9 basis, the annual delivered energy is less than 

10 or equal to the sum obtained by adding the on11 site renewable exported energy and the allowed 

12 offsite renewable energy sources. 

13 ‘‘(B) INCLUSION.—A highly energy-effi14 cient building is net-zero energy if it is located 

15 within a group of buildings for which, when 

16 treated as a unit, on a source energy basis, the 

17 annual delivered energy is less than or equal to 

18 the sum obtained by adding the onsite renew19 able exported energy and the allowed offsite re20 newable energy sources. 

21 ‘‘(5) NET-ZERO WASTE BUILDING.—Unless oth22 erwise defined by the Federal Director of the Office 

23 of Federal High-Performance Green Buildings, the 

24 term ‘net-zero waste building’ means a building op25 erated to reduce, reuse, recycle, compost, or recover 


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1 solid waste streams that result in zero waste dis2 posal to landfills or incinerators (except for haz3 ardous and medical waste). 

4 ‘‘(6) NET-ZERO WATER BUILDING.— 

5 ‘‘(A) IN GENERAL.—Unless otherwise de6 fined by the Federal Director of the Office of 

7 Federal High-Performance Green Buildings, the 

8 term ‘net-zero water building’ means a building 

9 that— 

10 ‘‘(i) maximizes alternative water 

11 sources; 

12 ‘‘(ii) minimizes wastewater discharge; 

13 and 

14 ‘‘(iii) returns water to the original 

15 water source such that, for a 1-year pe16 riod, the water consumption volume is 

17 equivalent to the sum obtained by adding 

18 the volume of alternative water use and the 

19 water returned to the original source dur20 ing that 1-year period. 

21 ‘‘(B) INCLUSION.—A building is a net-zero 

22 water building if it is located within a group of 

23 buildings that, when treated as a unit, meet the 

24 requirements described in clauses (i) through 

25 (iii) of subparagraph (A). 


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1 ‘‘(7) SCOPE 1 GREENHOUSE GAS EMISSIONS.— 

2 The term ‘scope 1 greenhouse gas emissions’ means 

3 direct emissions from sources that are owned or con4 trolled by the Federal agency, such as vehicles and 

5 equipment, stationary sources, onsite landfills, 

6 wastewater treatment facilities, and fugitive emis7 sions. 

8 ‘‘(8) SCOPE 2 GREENHOUSE GAS EMISSIONS.— 

9 The term ‘scope 2 greenhouse gas emissions’ means 

10 indirect emissions resulting from the generation of 

11 electricity, heat, or steam purchased by a Federal 

12 agency. 

13 ‘‘(b) ESTABLISHMENT.—Subject to subsection (c), 

14 the Administrator shall— 

15 ‘‘(1) for each of fiscal years 2021 through 

16 2030, reduce aggregate portfolio-wide scope 1 green17 house gas emissions and scope 2 greenhouse gas 

18 emissions (as measured in MTCO2-equivalents) at 

19 GSA facilities by at least 4 percent each fiscal year, 

20 so that the aggregate portfolio-wide scope 1 green21 house gas emissions and scope 2 greenhouse gas 

22 emissions are reduced by not less than 40 percent by 

23 fiscal year 2030 relative to the aggregate portfolio24 wide scope 1 greenhouse gas emissions and scope 2 


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1 greenhouse gas emissions at GSA facilities in fiscal 

2 year 2018; and 

3 ‘‘(2) ensure that, in the case of the construction 

4 of a new GSA facility with more than 10,000 gross 

5 square feet— 

6 ‘‘(A) for which a prospectus is submitted 

7 during the period of fiscal years 2021 through 

8 2025, not less than 50 percent of cumulative 

9 gross floor area and not less than 25 percent of 

10 cumulative building projects are designed to 

11 perform as net-zero energy buildings in oper12 ation, and, if feasible, net-zero carbon buildings, 

13 net-zero water buildings, and net-zero waste 

14 buildings; 

15 ‘‘(B) for which a prospectus is submitted 

16 during the period of fiscal years 2026 through 

17 2030, not less than 90 percent of cumulative 

18 gross floor area and not less than 45 percent of 

19 cumulative building projects are designed to 

20 perform as net-zero energy buildings in oper21 ation and, if feasible, net-zero carbon buildings, 

22 net-zero water buildings, and net-zero waste 

23 buildings; and 

24 ‘‘(C) for which a prospectus is submitted 

25 in fiscal year 2031 or any fiscal year thereafter, 


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1 not less than 100 percent of cumulative gross 

2 floor area and not less than 100 percent of cu3 mulative building projects are designed to per4 form as net-zero energy buildings in operation 

5 and, if feasible, net-zero carbon buildings, net6 zero water buildings, and net-zero waste build7 ings. 

8 ‘‘(c) BUILDING EXCLUSION.— 

9 ‘‘(1) IN GENERAL.—The Administrator may ex10 clude from the requirements of subsection (b)(1) any 

11 new GSA facility for which net-zero energy is tech12 nically infeasible. 

13 ‘‘(2) REPORT.—The Administrator shall include 

14 in the report submitted to the Secretary of Energy 

15 under section 548(a) of the National Energy Con16 servation Policy Act (42 U.S.C. 8258(a)) a list iden17 tifying each GSA facility excluded under paragraph 

18 (1). 

19 ‘‘(d) INNOVATIVE BUILDING TECHNOLOGIES.—In 

20 carrying out subsection (b), the Administrator may use 

21 lifecycle cost effective (including the cost of carbon) inno22 vative building technologies, including onsite energy stor23 age, all-electric buildings, building-grid integration tech24 nologies, electric construction vehicles, and other tech25 nologies. 


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1 ‘‘(e) PRIVATE SECTOR FINANCING PRIORITY.—In 

2 carrying out renovation projects under this section, the 

3 Administrator shall prioritize projects in which Federal 

4 funds will be used to leverage private sector financing 

5 using public-private partnerships, including through en6 ergy savings performance contracts and other mecha7 nisms. 

8 ‘‘(f) FUNDS.—The Administrator shall use a portion 

9 of the funds made available under section 442(f) to carry 

10 out this section. 

11 ‘‘SEC. 444. ZERO EMISSION VEHICLE INFRASTRUCTURE 

12 GOALS. 

13 ‘‘(a) ANNUAL GOALS.—The Administrator shall— 

14 ‘‘(1) develop annual goals for deployment of 

15 zero emission vehicle infrastructure, including elec16 tric vehicle supply equipment, at GSA facilities such 

17 that by December 31, 2030, at least 50 percent of 

18 GSA facilities with 200 or more daily employees and 

19 visitors offer zero emission vehicle charging or fuel20 ing; and 

21 ‘‘(2) develop guidance to ensure progress to22 wards those annual goals. 

23 ‘‘(b) PLAN.—The Administrator shall prepare a de24 tailed plan— 


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1 ‘‘(1) to achieve the goals described in subsection 

2 (a)(1); and 

3 ‘‘(2) that identifies particular GSA facilities or 

4 campuses as priority facilities or campuses, as appli5 cable, at which to achieve those goals, including by 

6 considering demand for zero emission vehicle charg7 ing and fueling, locations of zero emission vehicle 

8 fleets of the General Services Administration and 

9 tenant Federal agencies, locations relevant to State 

10 zero emission vehicle charging and fueling needs, 

11 geographical gaps in zero emission vehicle charging 

12 infrastructure, availability of incentives, and other 

13 factors. 

14 ‘‘(c) INCLUSION IN PROJECTS.—The Administrator 

15 shall, to the maximum extent practicable, ensure that ap16 propriate zero emission vehicle infrastructure, including 

17 electric vehicle supply equipment and electric vehicle infra18 structure, are included in, with respect to a GSA facility— 

19 ‘‘(1) any prospectus for a construction, alter20 ation, or lease project; 

21 ‘‘(2) any prospectus for an alteration of a 

22 leased building; 

23 ‘‘(3) any contract for parking lot paving or re24 paving; and 

25 ‘‘(4) any other appropriate project. 


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1 ‘‘(d) PRIVATE SECTOR FINANCING.—In carrying out 

2 this section, the Administrator is encouraged to use funds 

3 to leverage private sector financing if doing so is advan4 tageous to the General Services Administration. 

5 ‘‘(e) REPORT.—Not later than 2 years after the date 

6 of enactment of this section, the Administrator shall sub7 mit to Congress a report describing the progress made in 

8 meeting the goals described in subsection (a)(1). 

9 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated to the Administrator 

11 $50,000,000— 

12 ‘‘(1) to achieve the zero emission vehicle infra13 structure goals developed under subsection (a)(1), 

14 including through projects in support of those goals; 

15 and 

16 ‘‘(2) for the cost of any additional employees, 

17 contractors, and training needed to support those 

18 goals. 

19 ‘‘SEC. 445. DEEP ENERGY RETROFIT GOALS. 

20 ‘‘(a) DEFINITION OF DEEP ENERGY RETROFIT

21 PROJECT.—In this section, the term ‘deep energy retrofit 

22 project’ means a project that— 

23 ‘‘(1) reduces the energy consumption of a GSA 

24 facility by not less than 35 percent as compared to 


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1 the energy consumption of the GSA facility before 

2 the project; 

3 ‘‘(2) moves a facility toward net-zero energy (as 

4 defined in section 443(a)); and 

5 ‘‘(3) may include water efficiency and distrib6 uted energy resources. 

7 ‘‘(b) ESTABLISHMENT.—Subject to the availability of 

8 appropriated funds, the Administrator shall, for each of 

9 fiscal years 2021 through 2030, obligate funds for deep 

10 energy retrofit projects that, in total, are carried out at 

11 not less than 3 percent of GSA facilities, which shall rep12 resent not less than 5 percent of the total square footage 

13 of all GSA facilities. 

14 ‘‘(c) RENOVATIONS.—The Administrator shall— 

15 ‘‘(1) seek to coordinate deep energy retrofit 

16 projects with other building renovations and capital 

17 projects; and 

18 ‘‘(2) in conducting preplanning for a prospec19 tive capital project, evaluate the appropriateness, 

20 and the costs and benefits, of including a deep en21 ergy retrofit project. 

22 ‘‘(d) PRIVATE SECTOR FINANCING PRIORITY.— 

23 ‘‘(1) IN GENERAL.—In carrying out this sec24 tion, the Administrator shall prioritize projects in 

25 which Federal funds will be used to leverage private 


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1 sector financing using public-private partnerships, 

2 including through energy savings performance con3 tracts and other mechanisms. 

4 ‘‘(2) ANALYSIS.—The Administrator shall select 

5 priority projects under paragraph (1) on the basis of 

6 analysis that ensures a maximum beneficial use of 

7 private finance for the project.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 for the Energy Independence and Security Act of 2007 

10 (Public Law 110–140; 121 Stat. 1494) is amended by 

11 adding after the item relating to section 441 the following: 

‘‘Sec. 442. Energy and water efficiency goals. 

‘‘Sec. 443. Net-zero goals. 

‘‘Sec. 444. Zero emission vehicle infrastructure goals. 

‘‘Sec. 445. Deep energy retrofit goals.’’. 

12 SEC. 4. RESILIENT AND HEALTHY BUILDINGS. 

13 (a) IN GENERAL.—Subtitle C of title IV of the En14 ergy Independence and Security Act of 2007 (Public Law 

15 110–140; 121 Stat. 1607) (as amended by section 3(a)) 

16 is amended by adding at the end the following: 

17 ‘‘SEC. 446. RESILIENT AND HEALTHY BUILDINGS. 

18 ‘‘(a) DEFINITIONS.—In this section: 

19 ‘‘(1) FLOOD RISK AREA.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the term ‘flood risk area’ means— 


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1 ‘‘(i) an area delineated by an elevation 

2 of 2 feet above the 100-year floodplain; 

3 and 

4 ‘‘(ii) an area delineated by an ele5 vation equal to the 500-year floodplain. 

6 ‘‘(B) CLIMATE SCIENCE.—In applying the 

7 definition of the term ‘flood risk area’ for pur8 poses of carrying out this section, the Adminis9 trator shall consider current climate science in 

10 identifying the elevation of the 100-year and 

11 500-year floodplain. 

12 ‘‘(2) RESILIENCE.—The term ‘resilience’ means 

13 the ability to adapt to changing conditions and with14 stand and rapidly recover from disruption due to an 

15 emergency. 

16 ‘‘(b) FLOOD PROTECTION.—For any construction or 

17 rehabilitation project administered by the Administrator, 

18 the Administrator shall— 

19 ‘‘(1) determine whether there is a flood risk 

20 area in the location of the project; and 

21 ‘‘(2) in the case of a positive determination 

22 under paragraph (1)— 

23 ‘‘(A) to the extent possible, avoid new con24 struction in the flood risk area; and 


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1 ‘‘(B) if new construction cannot be avoided 

2 under subparagraph (A)— 

3 ‘‘(i) ensure that the new construction 

4 will— 

5 ‘‘(I) raise all essential services 5 

6 feet above the applicable floodplain; 

7 and 

8 ‘‘(II) include a design for quick 

9 recovery in a flooding event; 

10 ‘‘(ii) rehabilitate existing buildings lo11 cated in the flood risk area to better with12 stand flood risk; and 

13 ‘‘(iii) develop a flood vulnerability as14 sessment and mitigation plan to protect 

15 life and property. 

16 ‘‘(c) RESILIENCE METRICS.—The Administrator 

17 shall— 

18 ‘‘(1) pilot test metrics to measure and improve 

19 the resilience of GSA facilities, including the phys20 ical aspects of the facilities, the health and wellness 

21 of occupants of the facilities, and communities and 

22 systems serving or served by the facilities; and 

23 ‘‘(2) in carrying out paragraph (1), consider 

24 emerging resilience tools and rating systems for re25 silience, including building-grid optimization. 


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1 ‘‘(d) GREEN INFRASTRUCTURE.—The Administrator 

2 shall prioritize the use of appropriate green infrastructure 

3 features on federally owned property— 

4 ‘‘(1) to improve stormwater and wastewater 

5 management; 

6 ‘‘(2) to alleviate onsite and offsite flooding and 

7 water quality impacts; and 

8 ‘‘(3) to reduce and mitigate risks of climate 

9 change to GSA facilities and proximate communities. 

10 ‘‘(e) OPERATING BUILDINGS FOR HEALTH.— 

11 ‘‘(1) METRICS AND DATA.—The Administrator 

12 shall— 

13 ‘‘(A) implement human-centric metrics and 

14 measurement tools to improve the indoor envi15 ronmental qualities, including air and water 

16 quality, that support improved health and 

17 wellness of Federal employees; and 

18 ‘‘(B) collect, manage, and analyze the data 

19 generated by the metrics and tools implemented 

20 under subparagraph (A). 

21 ‘‘(2) STRATEGIC PLAN.—Not later than 1 year 

22 after the date of enactment of the GREEN Building 

23 Jobs Act of 2020, the Administrator shall develop 

24 and make publicly available a strategic plan for the 


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1 design, construction, and operation of GSA facilities 

2 that— 

3 ‘‘(A) is based on the data described in 

4 paragraph (1)(B); 

5 ‘‘(B) provides for implementation of pri6 ority practices by the end of fiscal year 2022; 

7 and 

8 ‘‘(C) may provide for phased implementa9 tion of additional effective practices. 

10 ‘‘(3) ADMINISTRATION.—In carrying out para11 graphs (1) and (2), the Administrator shall— 

12 ‘‘(A) consider emerging occupant-centric 

13 environmental health monitoring tools and 

14 building control systems for improved health 

15 and wellness, including approaches such as 

16 measurement of accumulated daily circadian 

17 light dosage, surveys of occupant satisfaction 

18 and perceptions, assessments of physical activ19 ity, social interaction, and mobility, and meas20 urement of reduced exposure to contaminants 

21 in air and drinking water; 

22 ‘‘(B) incorporate strategies to reduce risk 

23 of transmission of viruses and other pathogens; 

24 and 


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1 ‘‘(C)(i) benchmark health and well-being 

2 management performance to leadership stand3 ards; and 

4 ‘‘(ii) include in certification activities the 

5 strategies and performance measures considered 

6 and used under this subsection as tools to mon7 itor and improve outcomes. 

8 ‘‘(f) GUIDANCE; TRAINING.—The Administrator, act9 ing through the Federal Director of the Office of Federal 

10 High-Performance Green Buildings, may issue guidance 

11 and provide training to implement this section. 

12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated to the Administrator 

14 $300,000,000 to carry out this section, to remain available 

15 until expended.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 for the Energy Independence and Security Act of 2007 

18 (Public Law 110–140; 121 Stat. 1494) (as amended by 

19 section 3(b)) is amended by adding after the item relating 

20 to section 445 the following: 

‘‘Sec. 446. Resilient and healthy buildings.’’. 

21 SEC. 5. FEDERAL BUILDING IMPROVEMENTS. 

22 (a) DEFINITIONS.—In this section: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of General Serv25 ices. 


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1 (2) GSA FACILITY.—The term ‘‘GSA facility’’ 

2 has the meaning given the term in section 401 of the 

3 Energy Independence and Security Act of 2007 (42 

4 U.S.C. 17061). 

5 (b) ENERGY EFFICIENCY IMPROVEMENTS.— 

6 (1) IN GENERAL.—The Administrator shall 

7 carry out energy efficiency improvements to GSA fa8 cilities, including— 

9 (A) actionable energy projects identified in 

10 the most recent energy and water evaluation for 

11 a facility conducted under section 543(f)(3) of 

12 the National Energy Conservation Policy Act 

13 (42 U.S.C. 8253(f)(3)) that are life-cycle cost14 effective; 

15 (B) additional measures to support the 

16 goals of each of sections 442 through 444 of 

17 the Energy Independence and Security Act of 

18 2007 (Public Law 110–140); 

19 (C) additional measures to support activi20 ties under section 445 of the Energy Independ21 ence and Security Act of 2007 (Public Law 

22 110–140); and 

23 (D) combining projects to reduce cost, ad24 ministration, or implementation time, or other25 wise add value. 


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1 (2) LEVERAGING PRIVATE SECTOR FUNDS.— 

2 (A) IN GENERAL.—In carrying out im3 provements under paragraph (1) in a fiscal-year 

4 period, the Administrator shall, to the max5 imum extent practicable, use not less than the 

6 amount made available under paragraph (3) for 

7 that fiscal year to leverage private sector fi8 nancing using public-private partnerships, in9 cluding through energy savings performance 

10 contracts and other mechanisms. 

11 (B) PERFORMANCE REQUIREMENT.—Any 

12 public-private partnership entered into pursuant 

13 to subparagraph (A) shall include a perform14 ance component that ensures effective use of 

15 funds, lasting energy and cost savings, and job 

16 creation. 

17 (3) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to the Ad19 ministrator to carry out this subsection 

20 $1,000,000,000, to remain available until expended. 

21 SEC. 6. CLEAN ENERGY CONTRACTING. 

22 (a) LONG-TERM CONTRACTS FOR RENEWABLE EN23 ERGY.— 

24 (1) DEFINITIONS.—In this subsection: 


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1 (A) COGENERATION FACILITY.—The term 

2 ‘‘cogeneration facility’’ has the meaning given 

3 the term in section 3 of the Federal Power Act 

4 (16 U.S.C. 796). 

5 (B) RENEWABLE ENERGY SOURCE.—The 

6 term ‘‘renewable energy source’’ has the mean7 ing given the term ‘‘renewable energy’’ in sec8 tion 203(b) of the Energy Policy Act of 2005 

9 (42 U.S.C. 15852(b)). 

10 (2) CONTRACTS.—The Administrator of Gen11 eral Services may enter into a contract— 

12 (A) for the acquisition of energy generated 

13 from renewable energy sources or from cogen14 eration facilities; and 

15 (B) notwithstanding section 501(b)(1)(B) 

16 of title 40, United States Code, the term of 

17 which is not more than 30 years. 

18 (b) PERFORMANCE CONTRACTING.— 

19 (1) AUTHORITY TO ENTER INTO CONTRACTS.— 

20 Section 801(a)(2) of the National Energy Conserva21 tion Policy Act (42 U.S.C. 8287(a)(2)) is amend22 ed— 

23 (A) in subparagraph (E)— 


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1 (i) by redesignating clauses (i) and 

2 (ii) as subclauses (I) and (II), respectively, 

3 and indenting appropriately; 

4 (ii) in the matter preceding subclause 

5 (I) (as so redesignated), by striking ‘‘In 

6 carrying out’’ and inserting the following: 

7 ‘‘(i) IN GENERAL.—In carrying out’’; 

8 and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(ii) GENERAL SERVICES ADMINIS12 TRATION.—Notwithstanding subtitle I of 

13 title 40, United States Code, the Adminis14 trator of General Services may accept, re15 tain, sell, or transfer, and apply the pro16 ceeds of the sale or transfer of, any energy 

17 and water incentive, rebate, grid service 

18 revenue, or credit (including a renewable 

19 energy certificate) to fund a contract under 

20 this title.’’; and 

21 (B) in subparagraph (F), by striking 

22 clauses (i) and (ii) and inserting the following: 

23 ‘‘(i)(I) establish a Federal agency pol24 icy that limits the maximum contract term 


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1 under subparagraph (D) to a period short2 er than 25 years; or 

3 ‘‘(II) limit the total amount of obliga4 tions under energy savings performance 

5 contracts or other private financing of en6 ergy savings measures; and 

7 ‘‘(ii) in the case of the General Serv8 ices Administration, limit the recognition 

9 of operation and maintenance savings asso10 ciated with systems modernized or replaced 

11 with the implementation of energy con12 servation measures, water conservation 

13 measures, or any combination of energy 

14 conservation measures and water conserva15 tion measures.’’. 

16 (2) PAYMENT OF COSTS.—Section 802 of the 

17 National Energy Conservation Policy Act (42 U.S.C. 

18 8287a) is amended— 

19 (A) by striking ‘‘Any amount paid by a 

20 Federal agency’’ and inserting the following: 

21 ‘‘(a) IN GENERAL.—Any amount paid by a Federal 

22 agency other than the General Services Administration’’; 

23 (B) in subsection (a) (as so designated), by 

24 striking ‘‘(and related operation and mainte25 nance expenses)’’ and inserting ‘‘, including reVerDate Sep 11 2014 23:24 Dec 17, 2020 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S5001.IS S5001

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1 lated operations and maintenance expenses’’; 

2 and 

3 (C) by adding at the end the following: 

4 ‘‘(b) GENERAL SERVICES ADMINISTRATION.—Any 

5 amount paid by the General Services Administration pur6 suant to any contract entered into under this title may 

7 be paid only from funds appropriated or otherwise made 

8 available to the General Services Administration for the 

9 payment of energy, water, or wastewater treatment ex10 penses, including related operations and maintenance ex11 penses.’’. 

12 (3) DEFINITIONS.—Section 804 of the National 

13 Energy Conservation Policy Act (42 U.S.C. 8287c) 

14 is amended— 

15 (A) in paragraph (2)— 

16 (i) in subparagraph (A), by redesig17 nating clauses (i) through (iii) as sub18 clauses (I) through (III), respectively, and 

19 indenting appropriately; 

20 (ii) by redesignating subparagraphs 

21 (A) through (D) as clauses (i) through 

22 (iv), respectively, and indenting appro23 priately; 

24 (iii) by striking the paragraph des25 ignation and all that follows through 


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1 ‘‘means—’’ in the matter preceding clause 

2 (i) (as so redesignated) and inserting the 

3 following: 

4 ‘‘(2) ENERGY SAVINGS.— 

5 ‘‘(A) IN GENERAL.—The term ‘energy sav6 ings’ means—’’; and 

7 (iv) by adding at the end the fol8 lowing: 

9 ‘‘(B) GSA INCLUSIONS.—With respect to 

10 the General Services Administration, the term 

11 ‘energy savings’ includes— 

12 ‘‘(i) the use, sale, or transfer of any 

13 energy and water incentive, rebate, grid 

14 service revenue, or credit (including a re15 newable energy certificate); and 

16 ‘‘(ii) any revenue generated from a re17 duction in energy or water use, more effi18 cient waste recycling, or additional energy 

19 generated from more efficient equipment.’’; 

20 and 

21 (B) in paragraph (4)(A), by striking 

22 ‘‘551’’ and inserting ‘‘551, which includes, in 

23 the case of a measure taken by the Adminis24 trator of General Services, a measure that is 

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1 ergy consuming devices and required support 

2 structures’’. 

3 SEC. 7. RECOMMENDATIONS. 

4 (a) DEFINITION OF ADMINISTRATOR.—In this sec5 tion, the term ‘‘Administrator’’ means the Administrator 

6 of General Services, acting through the Federal Director 

7 of the Office of High-Performance Green Buildings. 

8 (b) SUSTAINABILITY AND RESILIENCE.—The Admin9 istrator, in consultation with the Secretary of Health and 

10 Human Services, the Secretary of Homeland Security, the 

11 Administrator of the Federal Emergency Management 

12 Agency, the Secretary of Veterans Affairs, the Adminis13 trator of the Environmental Protection Agency, the Sec14 retary of Energy, and the Chair of the Council on Envi15 ronmental Quality, shall develop recommendations for sus16 tainability and resilience at hospitals and health care fa17 cilities, including by— 

18 (1) incorporating building and health sciences 

19 research related to health and wellness; 

20 (2) identifying relevant metrics; 

21 (3) prioritizing proven strategies; 

22 (4) referencing, as appropriate, criteria in the 

23 Guiding Principles for Sustainable Federal Build24 ings; and 


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1 (5) developing corresponding recommended con2 tract provisions and other templates for use in pro3 curement. 

4 (c) COMPLIANCE WITH GUIDING PRINCIPLES FOR

5 SUSTAINABLE FEDERAL BUILDINGS.—The Adminis6 trator, in consultation with the Administrator of the Envi7 ronmental Protection Agency, the Director of the Federal 

8 Energy Management Program, and the Chair of the Coun9 cil on Environmental Quality, shall develop recommenda10 tions for systems, including customized Energy Star Port11 folio Manager fields and dashboards, for use by Federal 

12 facilities in tracking compliance and progress of new and 

13 existing buildings with the Guiding Principles for Sustain14 able Federal Buildings, including by considering— 

15 (1) campus, installation, and portfolio ap16 proaches; 

17 (2) suggested targets; and 

18 (3) relevant metrics. 

19 (d) STUDY ON FEDERAL BUILDINGS FUND LENDING

20 PROGRAM.—Not later than 1 year after the date of enact21 ment of this Act, the Administrator shall make publicly 

22 available a report that evaluates and describes the poten23 tial efficacy, costs, and benefits of a program under which 

24 the Administrator would— 


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1 (1) borrow funds from the Federal Buildings 

2 Fund for building energy and water efficiency and 

3 resilience retrofits, including through projects that 

4 use funds to leverage private sector financing, in5 cluding through energy savings performance con6 tracts; and 

7 (2) repay the Federal Buildings Fund from 

8 utility savings. 

9 (e) ANNUAL REPORTING ON LEVERAGED PRIVATE

10 FINANCING.— 

11 (1) IN GENERAL.—For each of fiscal years 

12 2021 through 2030, the Administrator shall include 

13 the information described in paragraph (2)— 

14 (A) in the annual report prepared by the 

15 Administrator pursuant to section 527 of the 

16 Energy Independence and Security Act of 2007 

17 (42 U.S.C. 17143); and 

18 (B) in the annual General Services Admin19 istration Sustainability Report and Implementa20 tion Plan. 

21 (2) INFORMATION.—The information referred 

22 to in paragraph (1) is, with respect to the fiscal year 

23 covered by a report— 


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1 (A) the investment value and number of 

2 energy savings performance contracts entered 

3 into by the Administrator; 

4 (B) the investment value and number of 

5 other forms of public-private partnerships that 

6 leverage private sector financing entered into by 

7 the Administrator for energy efficiency projects; 

8 (C) for each of the 2 fiscal years following 

9 the fiscal year covered by the report, the pro10 jected value and number described in each of 

11 subparagraphs (A) and (B); 

12 (D) the total estimated implementation 

13 costs and estimated lifecycle cost savings of out14 standing energy conservation measures at facili15 ties that meet the criteria described in section 

16 543(f)(2)(B) of the National Energy Conserva17 tion Policy Act (42 U.S.C. 8253(f)(2)(B)); and 

18 (E) recommendations to increase the ag19 gregate benefits and value provided to the Gen20 eral Services Administration through public-pri21 vate partnerships with respect to energy effi22 ciency, renewable energy, and energy resilience. 

Æ 


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