I 

112TH CONGRESS 

2D SESSION H. R. 4017 

To promote efficient energy use in the Federal and private sectors, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2012 

Mr. BASS of New Hampshire (for himself, Mr. MATHESON, Mr. DOLD, Mr. 

WELCH, Mr. BARROW, and Mr. FITZPATRICK) introduced the following 

bill; which was referred to the Committee on Energy and Commerce, and 

in addition to the Committees on Oversight and Government Reform and 

Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To promote efficient energy use in the Federal and private 

sectors, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Smart Energy Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—FEDERAL ENERGY USE AND GENERATION 

Sec. 101. Utilizing energy savings performance contracts. 

Sec. 102. Demand response programs. 

Sec. 103. Federal data center consolidation. 

Sec. 104. Adoption of personal computer power savings techniques by Federal 

agencies. 

Sec. 105. Best practices for advanced metering. 

Sec. 106. Federal energy management and data collection standard. 

TITLE II—PROVIDING OPPORTUNITIES FOR ENERGY EFFICIENCY 

IN BUSINESS AND INDUSTRY 

Sec. 201. Loan program for energy efficiency upgrades to existing buildings. 

Sec. 202. Coordination of research and development of energy efficient technologies for industry. 

Sec. 203. Combined heat and power and waste heat recovery. 

1 TITLE I—FEDERAL ENERGY USE 

2 AND GENERATION 

3 SEC. 101. UTILIZING ENERGY SAVINGS PERFORMANCE 

4 CONTRACTS AND UTILITY ENERGY SERVICE 

5 CONTRACTS. 

6 (a) IMPLEMENTATION OF ENERGY MANAGEMENT

7 REQUIREMENTS.—Section 543(f)(10) of the National En8 ergy Conservation Policy Act (42 U.S.C. 8253(f)(10)) is 

9 amended— 

10 (1) in subparagraph (B)(i), by striking ‘‘To 

11 carry’’ and inserting ‘‘To the extent consistent with 

12 subparagraph (C), to carry’’; 

13 (2) in subparagraph (B)(ii), by striking ‘‘A 

14 Federal’’ and inserting ‘‘To the extent consistent 

15 with subparagraph (C), a Federal’’; and 

16 (3) by amending subparagraph (C) to read as 

17 follows: 

18 ‘‘(C) IMPLEMENTATION.— 


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1 ‘‘(i) GENERAL RULE.—Except as pro2 vided in clause (i) or (ii) of this subpara3 graph, each Federal agency shall imple4 ment the requirements under this sub5 section through private financing described 

6 in subparagraph (B)(i)(II). 

7 ‘‘(ii) EXCEPTION.—A Federal agency 

8 may implement the requirements under 

9 this subsection using appropriated funds 

10 described in subparagraph (B)(i)(I) if im11 plementation pursuant to clause (i) of this 

12 subparagraph conflicts with the primary 

13 mission of the agency or facility, or if 

14 greater cost savings can be generated 

15 under a different program. A Federal 

16 agency shall provide a written justification 

17 for any decision to implement such require18 ments under this clause, including an anal19 ysis of the impact of such decision on the 

20 taxpayer. 

21 ‘‘(iii) FEDERAL ADMINISTRATIVE

22 COSTS.—A Federal agency may implement 

23 the requirements under this subsection 

24 using appropriated funds described in sub25 paragraph (B)(i)(I) to the extent necessary 


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1 to cover Federal administrative costs with 

2 respect to implementation pursuant to 

3 clause (i) of this subparagraph.’’. 

4 (b) TERMINATION CLAUSES.—Section 801(b)(2) of 

5 the National Energy Conservation Policy Act (42 U.S.C. 

6 8287(b)(2)) is amended— 

7 (1) by striking ‘‘and’’ at the end of subpara8 graph (B); 

9 (2) by striking the period at the end of sub10 paragraph (C)(iv) and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new sub12 paragraph: 

13 ‘‘(D) require each agency to include in con14 tracts appropriate termination clauses for facili15 ties that will or may close before the end of the 

16 term of the contract.’’. 

17 (c) ESPCS FOR ELECTRIC VEHICLES AND FUELING

18 INFRASTRUCTURE.—Section 804 of the National Energy 

19 Conservation Policy Act (42 U.S.C. 8287c) is amended— 

20 (1) by striking ‘‘or’’ at the end of subparagraph 

21 (A); 

22 (2) by striking the period at the end of sub23 paragraph (B) and inserting ‘‘; or’’; and 

24 (3) by adding at the end the following new sub25 paragraph: 


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1 ‘‘(C) a measure to support the use of elec2 tric vehicles or the fueling or charging infra3 structure necessary for electric vehicles.’’. 

4 (d) UESCS FOR ELECTRIC VEHICLES AND FUELING

5 INFRASTRUCTURE.—Section 546 of the National Energy 

6 Conservation Policy Act (42 U.S.C. 8256) is amended in 

7 subsection (c)(1) by inserting ‘‘, including measures taken 

8 to finance the acquisition or use of electric-powered vehi9 cles or their fueling infrastructure,’’ after ‘‘demand’’. 

10 SEC. 102. DEMAND RESPONSE PROGRAMS. 

11 Section 543 of the National Energy Conservation 

12 Policy Act (42 U.S.C. 8253) is amended— 

13 (1) by redesignating the second subsection (f) 

14 as subsection (g); and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(h) DEMAND RESPONSE PROGRAMS.—To carry out 

18 this section, a Federal agency shall participate in demand 

19 response programs offered by electric utilities, Inde20 pendent System Operators, Regional Transmission Orga21 nizations, and demand response aggregators, where such 

22 programs are available, if such participation does not con23 flict with the primary mission of the agency or facility, 

24 in order to support electric grid reliability and security 

25 and reduce energy bills for the agency or facility.’’. 


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1 SEC. 103. FEDERAL DATA CENTER CONSOLIDATION. 

2 (a) DEFINITION.—In this section, the term ‘‘Federal 

3 data center’’ means a room or space in a Federal building 

4 that is used for housing computer servers, data storage 

5 devices, or network equipment, including server closets. 

6 (b) OMB REQUIREMENTS.—The Director of the Of7 fice of Management and Budget shall direct the Federal 

8 Chief Information Officer to— 

9 (1) require that agencies, when updating their 

10 Federal data center inventories in the third quarter 

11 of each fiscal year, state what actions have been 

12 taken to verify the inventories and to identify any 

13 limitations of this information; 

14 (2) require that agencies complete the missing 

15 elements in their respective plans and submit com16 plete Federal data center consolidation plans, or pro17 vide a schedule for when they will do so, not later 

18 than 180 days after the date of enactment of this 

19 Act; 

20 (3) require agencies to consider consolidation 

21 challenges and lessons learned when updating their 

22 consolidation plans; and 

23 (4) utilize the existing accountability infrastruc24 ture by requiring the Data Center Consolidation 

25 Task Force to assess agency consolidation plans to 


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1 ensure they are complete and to monitor the agen2 cies’ implementation of their plans. 

3 (c) DEPARTMENT AND AGENCY REQUIREMENTS.— 

4 Each of the department secretaries and agency heads of 

5 the 23 departments and agencies participating in the Of6 fice of Management and Budget’s Federal data center con7 solidation initiative shall— 

8 (1) direct their component agencies and their 

9 Federal data center consolidation program managers 

10 to complete the missing elements in their respective 

11 Federal data center consolidation inventories and 

12 plans; and 

13 (2) require their Federal data center consolida14 tion program managers to consider consolidation 

15 challenges and lessons learned when updating their 

16 consolidation plans. 

17 SEC. 104. ADOPTION OF PERSONAL COMPUTER POWER 

18 SAVINGS TECHNIQUES BY FEDERAL AGEN19 CIES. 

20 (a) IN GENERAL.—Not later than 360 days after the 

21 date of enactment of this Act, the Secretary of Energy, 

22 in consultation with the Secretary of Defense, the Sec23 retary of Veterans Affairs, and the Administrator of Gen24 eral Services, shall issue guidance for Federal agencies to 

25 employ advanced tools allowing energy savings through 


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1 the use of computer hardware, energy efficiency software, 

2 and power management tools. 

3 (b) REPORTS ON PLANS AND SAVINGS.—Not later 

4 than 180 days after the date of the issuance of the guid5 ance under subsection (a), each Federal agency shall sub6 mit to the Secretary of Energy a report that describes— 

7 (1) the plan of the agency for implementing the 

8 guidance within the agency; and 

9 (2) estimated energy and financial savings from 

10 employing the tools described in subsection (a). 

11 SEC. 105. BEST PRACTICES FOR ADVANCED METERING. 

12 Section 543(e) of the National Energy Conservation 

13 Policy Act (42 U.S.C. 8253(e)) is amended by striking 

14 paragraph (3) and inserting the following: 

15 ‘‘(3) PLAN.— 

16 ‘‘(A) IN GENERAL.—Not later than 180 

17 days after the date on which guidelines are es18 tablished under paragraph (2), in a report sub19 mitted by the agency under section 548(a), each 

20 agency shall submit to the Secretary a plan de21 scribing the manner in which the agency will 

22 implement the requirements of paragraph (1), 

23 including— 


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1 ‘‘(i) how the agency will designate 

2 personnel primarily responsible for achiev3 ing the requirements; and 

4 ‘‘(ii) a demonstration by the agency, 

5 complete with documentation, of any find6 ing that advanced meters or advanced me7 tering devices (as those terms are used in 

8 paragraph (1)), are not practicable. 

9 ‘‘(B) UPDATES.—Reports submitted under 

10 subparagraph (A) shall be updated annually. 

11 ‘‘(4) BEST PRACTICES REPORT.— 

12 ‘‘(A) IN GENERAL.—Not later than 180 

13 days after the date of enactment of the Smart 

14 Energy Act, the Secretary of Energy, in con15 sultation with the Secretary of Defense and the 

16 Administrator of General Services, shall de17 velop, and issue a report on, best practices for 

18 the use of advanced metering of energy use in 

19 Federal facilities, buildings, and equipment by 

20 Federal agencies. 

21 ‘‘(B) UPDATING.—The report described 

22 under subparagraph (A) shall be updated annu23 ally. 

24 ‘‘(C) COMPONENTS.—The report shall in25 clude, at a minimum— 


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1 ‘‘(i) summaries and analysis of the re2 ports by agencies under paragraph (3); 

3 ‘‘(ii) recommendations on standard re4 quirements or guidelines for automated en5 ergy management systems, including— 

6 ‘‘(I) potential common commu7 nications standards to allow data 

8 sharing and reporting; 

9 ‘‘(II) means of facilitating contin10 uous commissioning of buildings and 

11 evidence-based maintenance of build12 ings and building systems; and 

13 ‘‘(III) standards for sufficient 

14 levels of security and protection 

15 against cyber threats to ensure sys16 tems cannot be controlled by unau17 thorized persons; and 

18 ‘‘(iii) an analysis of— 

19 ‘‘(I) the types of advanced meter20 ing and monitoring systems being pi21 loted, tested, or installed in Federal 

22 buildings; and 

23 ‘‘(II) existing techniques used 

24 within the private sector or other non25 Federal government buildings.’’. 


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1 SEC. 106. FEDERAL ENERGY MANAGEMENT AND DATA COL2 LECTION STANDARD. 

3 Section 543 of the National Energy Conservation 

4 Policy Act (42 U.S.C. 8253) is amended— 

5 (1) by redesignating the second subsection (f) 

6 (as added by section 434(a) of Public Law 110–140 

7 (121 Stat. 1614)) as subsection (g); and 

8 (2) in subsection (f)(7), by striking subpara9 graph (A) and inserting the following: 

10 ‘‘(A) IN GENERAL.—For each facility that 

11 meets the criteria established by the Secretary 

12 under paragraph (2)(B), the energy manager 

13 shall use the web-based tracking system under 

14 subparagraph (B)— 

15 ‘‘(i) to certify compliance with the re16 quirements for— 

17 ‘‘(I) energy and water evalua18 tions under paragraph (3); 

19 ‘‘(II) implementation of identified 

20 energy and water measures under 

21 paragraph (4); and 

22 ‘‘(III) follow-up on implemented 

23 measures under paragraph (5); and 

24 ‘‘(ii) to publish energy and water con25 sumption data on an individual facility 

26 basis.’’. 


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1 TITLE II—PROVIDING OPPORTU2 NITIES FOR ENERGY EFFI3 CIENCY IN BUSINESS AND IN4 DUSTRY 

5 SEC. 201. LOAN PROGRAM FOR ENERGY EFFICIENCY UP6 GRADES TO EXISTING BUILDINGS. 

7 Title XVII of the Energy Policy Act of 2005 (42 

8 U.S.C. 16511 et seq.) is amended by adding at the end 

9 the following: 

10 ‘‘SEC. 1706. BUILDING RETROFIT FINANCING PROGRAM. 

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

12 ‘‘(1) CREDIT SUPPORT.—The term ‘credit sup13 port’ means a guarantee or commitment to issue a 

14 guarantee or other forms of credit enhancement to 

15 ameliorate risks for efficiency obligations. 

16 ‘‘(2) EFFICIENCY OBLIGATION.—The term ‘effi17 ciency obligation’ means a debt or repayment obliga18 tion incurred in connection with financing a project, 

19 or a portfolio of such debt or payment obligations. 

20 ‘‘(3) PROJECT.—The term ‘project’ means the 

21 installation and implementation of efficiency, ad22 vanced metering, distributed generation, or renew23 able energy technologies and measures in a building 

24 (or in multiple buildings on a given property) that 

25 are expected to increase the energy efficiency of the 


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1 building (including fixtures) in accordance with cri2 teria established by the Secretary. 

3 ‘‘(b) ELIGIBLE PROJECTS.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding sections 

5 1703 and 1705, the Secretary may provide credit 

6 support under this section, in accordance with sec7 tion 1702. 

8 ‘‘(2) INCLUSIONS.—Buildings eligible for credit 

9 support under this section include commercial, mul10 tifamily residential, industrial, municipal, govern11 ment, institution of higher education, school, and 

12 hospital facilities that satisfy criteria established by 

13 the Secretary. 

14 ‘‘(c) GUIDELINES.— 

15 ‘‘(1) IN GENERAL.—Not later than 180 days 

16 after the date of enactment of this section, the Sec17 retary shall— 

18 ‘‘(A) establish guidelines for credit support 

19 provided under this section; and 

20 ‘‘(B) publish the guidelines in the Federal 

21 Register; and 

22 ‘‘(C) provide for an opportunity for public 

23 comment on the guidelines. 


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1 ‘‘(2) REQUIREMENTS.—The guidelines estab2 lished by the Secretary under this subsection shall 

3 include— 

4 ‘‘(A) standards for assessing the energy 

5 savings that could reasonably be expected to re6 sult from a project; 

7 ‘‘(B) examples of financing mechanisms 

8 (and portfolios of such financing mechanisms) 

9 that qualify as efficiency obligations; 

10 ‘‘(C) the threshold levels of energy savings 

11 that a project, at the time of issuance of credit 

12 support, shall be reasonably expected to achieve 

13 to be eligible for credit support; 

14 ‘‘(D) the eligibility criteria the Secretary 

15 determines to be necessary for making credit 

16 support available under this section; and 

17 ‘‘(E) notwithstanding subsections (d)(3) 

18 and (g)(2)(B) of section 1702, lien priority and 

19 credit risk protections established by the Sec20 retary, in consultation with the Director of the 

21 Office of Management and Budget, which shall 

22 include— 

23 ‘‘(i) requirements to preserve priority 

24 lien status of secured lenders and creditors 

25 in buildings eligible for credit support; 


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1 ‘‘(ii) remedies available to the Sec2 retary under chapter 176 of title 28, 

3 United States Code, in the event of default 

4 on the efficiency obligation by the bor5 rower; and 

6 ‘‘(iii) measures to limit the exposure 

7 of the Secretary to financial risk in the 

8 event of default, such as— 

9 ‘‘(I) the collection of a credit sub10 sidy fee from the borrower as a loan 

11 loss reserve, taking into account the 

12 limitation on credit support under 

13 subsection (d); 

14 ‘‘(II) minimum debt-to-income 

15 levels of the borrower; 

16 ‘‘(III) minimum levels of value 

17 relative to outstanding mortgage or 

18 other debt on a building eligible for 

19 credit support; 

20 ‘‘(IV) allowable thresholds for the 

21 percent of the efficiency obligation rel22 ative to the amount of any mortgage 

23 or other debt on an eligible building; 


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1 ‘‘(V) analysis of historic and an2 ticipated occupancy levels and rental 

3 income of an eligible building; 

4 ‘‘(VI) requirements of third-party 

5 contractors to guarantee energy sav6 ings that will result from a retrofit 

7 project, and whether financing on the 

8 efficiency obligation will amortize 

9 from the energy savings; 

10 ‘‘(VII) requirements that the ret11 rofit project incorporate protocols to 

12 measure and verify energy savings; 

13 and 

14 ‘‘(VIII) recovery of payments 

15 equally by the Secretary and the ret16 rofit. 

17 ‘‘(3) EFFICIENCY OBLIGATIONS.—The financing 

18 mechanisms qualified by the Secretary under para19 graph (2)(B) may include— 

20 ‘‘(A) loans, including loans made by the 

21 Federal Financing Bank; 

22 ‘‘(B) power purchase agreements, including 

23 energy efficiency power purchase agreements; 

24 ‘‘(C) energy services agreements, including 

25 energy performance contracts; 


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1 ‘‘(D) property assessed clean energy bonds 

2 and other tax assessment-based financing mech3 anisms; 

4 ‘‘(E) aggregate on-meter agreements that 

5 finance retrofit projects; and 

6 ‘‘(F) any other efficiency obligations the 

7 Secretary determines to be appropriate. 

8 ‘‘(4) PRIORITIES.—In carrying out this section, 

9 the Secretary shall prioritize— 

10 ‘‘(A) the maximization of energy savings 

11 with the available credit support funding; 

12 ‘‘(B) the establishment of a clear applica13 tion and approval process that allows private 

14 building owners, lenders, and investors to rea15 sonably expect to receive credit support for 

16 projects that conform to guidelines; 

17 ‘‘(C) the distribution of projects receiving 

18 credit support under this section across States 

19 or geographical regions of the United States; 

20 and 

21 ‘‘(D) projects designed to achieve whole22 building retrofits. 

23 ‘‘(d) LIMITATION.—Notwithstanding section 1702(c), 

24 the Secretary shall not issue credit support under this sec25 tion in an amount that exceeds— 


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1 ‘‘(1) 90 percent of the principal amount of the 

2 efficiency obligation that is the subject of the credit 

3 support; or 

4 ‘‘(2) $10,000,000 for any single project. 

5 ‘‘(e) AGGREGATION OF PROJECTS.—To the extent 

6 provided in the guidelines developed in accordance with 

7 subsection (c), the Secretary may issue credit support on 

8 a portfolio, or pool of projects, that are not required to 

9 be geographically contiguous, if each efficiency obligation 

10 in the pool fulfills the requirements described in this sec11 tion. 

12 ‘‘(f) APPLICATION.— 

13 ‘‘(1) IN GENERAL.—To be eligible to receive 

14 credit support under this section, the applicant shall 

15 submit to the Secretary an application at such time, 

16 in such manner, and containing such information as 

17 the Secretary determines to be necessary. 

18 ‘‘(2) CONTENTS.—An application submitted 

19 under this section shall include assurances by the 

20 applicant that— 

21 ‘‘(A) each contractor carrying out the 

22 project meets minimum experience level criteria, 

23 including local retrofit experience, as deter24 mined by the Secretary; 


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1 ‘‘(B) the project is reasonably expected to 

2 achieve energy savings, as set forth in the appli3 cation using any methodology that meets the 

4 standards described in the program guidelines; 

5 ‘‘(C) the project meets any technical cri6 teria described in the program guidelines; 

7 ‘‘(D) the recipient of the credit support 

8 and the parties to the efficiency obligation will 

9 provide the Secretary with— 

10 ‘‘(i) any information the Secretary re11 quests to assess the energy savings that re12 sult from the project, including historical 

13 energy usage data, a simulation-based 

14 benchmark, and detailed descriptions of 

15 the building work, as described in the pro16 gram guidelines; and 

17 ‘‘(ii) permission to access information 

18 relating to building operations and usage 

19 for the period described in the program 

20 guidelines; and 

21 ‘‘(E) any other assurances that the Sec22 retary determines to be necessary. 

23 ‘‘(3) DETERMINATION.—Not later than 90 days 

24 after receiving an application, the Secretary shall 


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1 make a final determination on the application, which 

2 may include requests for additional information. 

3 ‘‘(g) FEES.— 

4 ‘‘(1) IN GENERAL.—In addition to the fees re5 quired by section 1702(h)(1), the Secretary may 

6 charge reasonable fees for credit support provided 

7 under this section. 

8 ‘‘(2) AVAILABILITY.—Fees collected under this 

9 section shall be subject to section 1702(h)(2). 

10 ‘‘(h) UNDERWRITING.—The Secretary may delegate 

11 the underwriting activities under this section to 1 or more 

12 entities that the Secretary determines to be qualified. 

13 ‘‘(i) REPORT.—Not later than 1 year after com14 mencement of the program, the Secretary shall submit to 

15 the appropriate committees of Congress a report that de16 scribes in reasonable detail— 

17 ‘‘(1) the manner in which this section is being 

18 carried out; 

19 ‘‘(2) the number and type of projects sup20 ported; 

21 ‘‘(3) the types of funding mechanisms used to 

22 provide credit support to projects; 

23 ‘‘(4) the energy savings expected to result from 

24 projects supported by this section; 


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1 ‘‘(5) any tracking efforts the Secretary is using 

2 to calculate the actual energy savings produced by 

3 the projects; and 

4 ‘‘(6) any plans to improve the tracking efforts 

5 described in paragraph (5).’’. 

6 SEC. 202. COORDINATION OF RESEARCH AND DEVELOP7 MENT OF ENERGY EFFICIENT TECH8 NOLOGIES FOR INDUSTRY. 

9 (a) IN GENERAL.—As part of the research and devel10 opment activities of the Advanced Manufacturing Office 

11 of the Department of Energy, the Secretary of Energy 

12 shall establish, as appropriate, collaborative research and 

13 development partnerships with other programs within the 

14 Office of Energy Efficiency and Renewable Energy (in15 cluding the Building Technologies Program), the Office of 

16 Electricity Delivery and Energy Reliability, and the Office 

17 of Science that— 

18 (1) leverage the research and development ex19 pertise of those programs to promote early stage en20 ergy efficiency technology development; 

21 (2) support the use of innovative manufacturing 

22 processes and applied research for development, 

23 demonstration, and commercialization of new tech24 nologies and processes to improve efficiency, reduce 


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1 emissions, reduce industrial waste, and improve in2 dustrial cost-competitiveness; and 

3 (3) apply the knowledge and expertise of the 

4 Advanced Manufacturing Office to help achieve the 

5 program goals of the other programs. 

6 (b) REPORTS.—Not later than 2 years after the date 

7 of enactment of this Act and biennially thereafter, the Sec8 retary of Energy shall submit to Congress a report that 

9 describes actions taken to carry out subsection (a) and the 

10 results of those actions. 

11 SEC. 203. COMBINED HEAT AND POWER AND WASTE HEAT 

12 RECOVERY. 

13 (a) GOAL.—It is the goal of the United States to, 

14 not later than December 31, 2020, achieve a doubling of 

15 the production of electricity from combined heat and 

16 power and waste heat recovery in the United States from 

17 the current level of approximately 85 to at least 170 

18 gigawatts by 2020 and thereby improve the energy effi19 ciency of the industrial sector. 

20 (b) STRATEGIC PLAN.— 

21 (1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of this Act, and biennially 

23 thereafter, the Secretary of Energy (referred to in 

24 this section as the ‘‘Secretary’’), in cooperation with 

25 the heads of other appropriate Federal agencies, 


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1 shall transmit to the Congress and make available to 

2 the public a strategic plan, or update thereof, to 

3 achieve the national goal established under sub4 section (a). 

5 (2) PUBLIC INPUT AND COMMENT.—The Sec6 retary shall develop the strategic plan in a manner 

7 that provides appropriate opportunities for public 

8 input and comment. 

9 (3) PLAN CONTENTS.—The strategic plan 

10 shall— 

11 (A) establish policy priorities and identify 

12 requirements to ensure compliance with the na13 tional goal established under subsection (a); 

14 (B) include estimates for achievable in15 creases in combined heat and power and waste 

16 heat recovery production and for energy savings 

17 that will be achieved by those increases; and 

18 (C) include data collection and compilation 

19 methodologies used to establish baselines and 

20 document energy savings data. 

21 (4) PLAN UPDATES.— 

22 (A) INCLUSION IN NATIONAL ENERGY POL23 ICY PLAN.—The Secretary shall include each 

24 updated strategic plan in the National Energy 

25 Policy Plan required by section 801 of the DeVerDate Mar 15 2010 04:51 Feb 15, 2012 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4017.IH H4017

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1 partment of Energy Organization Act (42 

2 U.S.C. 7321). 

3 (B) CONTENTS.—In updating the strategic 

4 plan, the Secretary shall— 

5 (i) report on progress made toward 

6 implementing combined heat and power 

7 and waste heat recovery policies to achieve 

8 the national goal established under sub9 section (a); and 

10 (ii) verify, to the maximum extent 

11 practicable, energy savings resulting from 

12 those policies. 

Æ 


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