```

[Senate Report 112-71]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 151
112th Congress                                                   Report
                                 SENATE
 1st Session                                                     112-71

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

 
                     ENERGY SAVINGS AND INDUSTRIAL 
                          COMPETITIVENESS ACT

                                _______
                                

               September 6, 2011.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1000]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1000) to promote energy savings in 
residential and commercial buildings and industry, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill, as 
amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

                           TITLE I--BUILDINGS

                   Subtitle A--Building Energy Codes

SEC. 101. GREATER ENERGY EFFICIENCY IN BUILDING CODES.

  (a) In General.--Section 304 of the Energy Conservation and 
Production Act (42 U.S.C. 6833) is amended to read as follows:

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

  ``(a) Updating National Model Building Energy Codes.--
          ``(1) In general.--The Secretary shall--
                  ``(A) support the development of national model 
                building energy codes, including the updating of ASHRAE 
                and IECC model building energy codes and standards;
                  ``(B) encourage and support the adoption of building 
                energy codes by States, Indian tribes, and, as 
                appropriate, by local governments that meet or exceed 
                the national model building energy codes, or achieve 
                equivalent or greater energy savings; and
                  ``(C) support full compliance with the State and 
                local codes.
          ``(2) Targets.--
                  ``(A) In general.--The Secretary shall support the 
                updating of the national model building energy codes 
                for residential buildings and commercial buildings to 
                enable the achievement of energy savings targets 
                established under subparagraph (B).
                  ``(B) Targets.--
                          ``(i) In general.--The Secretary shall work 
                        with State, Indian tribes, local governments, 
                        nationally recognized code and standards 
                        developers, and other interested parties to 
                        support the updating of national model building 
                        energy codes by establishing 1 or more 
                        aggregate energy savings targets to achieve the 
                        purposes of this section.
                          ``(ii) Separate targets.--The Secretary may 
                        establish separate targets for commercial and 
                        residential buildings.
                          ``(iii) Baselines.--The baseline for updating 
                        national model codes shall be the 2009 IECC for 
                        residential buildings and ASHRAE Standard 90.1-
                        2010 for commercial buildings.
                          ``(iv) Specific years.--
                                  ``(I) In general.--Targets for 
                                specific years shall be established and 
                                revised by the Secretary through 
                                rulemaking and coordinated with 
                                nationally recognized code and 
                                standards developers at a level that--
                                          ``(aa) is at the maximum 
                                        level of energy efficiency that 
                                        is technologically feasible and 
                                        life-cycle cost effective, 
                                        while accounting for the 
                                        economic considerations under 
                                        subparagraph (D);
                                          ``(bb) is higher than the 
                                        preceding target; and
                                          ``(cc) promotes the 
                                        achievement of commercial and 
                                        residential high-performance 
                                        buildings through high 
                                        performance energy efficiency 
                                        (within the meaning of section 
                                        401 of the Energy Independence 
                                        and Security Act of 2007 (42 
                                        U.S.C. 17061)).
                                  ``(II) Initial targets.--Not later 
                                than 1 year after the date of enactment 
                                of this clause, the Secretary shall 
                                establish initial targets under this 
                                subparagraph.
                                  ``(III) Different target years.--
                                Subject to subclause (I), prior to the 
                                applicable year, the Secretary may set 
                                a different target year for any of 
                                model codes described in clause (i) if 
                                the Secretary determines that a higher 
                                target cannot be met.
                                  ``(IV) Small business.--When 
                                establishing targets under this 
                                subparagraph through rulemaking, the 
                                Secretary shall ensure compliance with 
                                the Small Business Regulatory 
                                Enforcement Fairness Act of 1996 (5 
                                U.S.C. 601 note; Public Law 104-121).
                  ``(C) Appliance standards and other factors affecting 
                building energy use.--In establishing building code 
                targets under subparagraph (B), the Secretary shall 
                develop and adjust the targets in recognition of 
                potential savings and costs relating to--
                          ``(i) efficiency gains made in appliances, 
                        lighting, windows, insulation, and building 
                        envelope sealing;
                          ``(ii) advancement of distributed generation 
                        and on-site renewable power generation 
                        technologies;
                          ``(iii) equipment improvements for heating, 
                        cooling, and ventilation systems;
                          ``(iv) building management systems and 
                        SmartGrid technologies to reduce energy use; 
                        and
                          ``(v) other technologies, practices, and 
                        building systems that the Secretary considers 
                        appropriate regarding building plug load and 
                        other energy uses.
                  ``(D) Economic considerations.--In establishing and 
                revising building code targets under subparagraph (B), 
                the Secretary shall consider the economic feasibility 
                of achieving the proposed targets established under 
                this section and the potential costs and savings for 
                consumers and building owners, including a return on 
                investment analysis.
          ``(3) Technical assistance to model code-setting and standard 
        development organizations.--
                  ``(A) In general.--The Secretary shall, on a timely 
                basis, provide technical assistance to model code-
                setting and standard development organizations.
                  ``(B) Assistance.--The assistance shall include, as 
                requested by the organizations, technical assistance 
                in--
                          ``(i) evaluating code or standards proposals 
                        or revisions;
                          ``(ii) building energy analysis and design 
                        tools;
                          ``(iii) building demonstrations;
                          ``(iv) developing definitions of energy use 
                        intensity and building types for use in model 
                        codes and standards or in evaluating the 
                        efficiency impacts of the codes and standards;
                          ``(v) performance-based standards;
                          ``(vi) evaluating economic considerations 
                        under paragraph (2)(D); and
                          ``(vii) developing model codes by Indian 
                        tribes in accordance with tribal law.
                  ``(C) Amendment proposals.--The Secretary may submit 
                timely code and standard amendment proposals to the 
                model code-setting and standard development 
                organizations, with supporting evidence, sufficient to 
                enable the model building energy codes and standards to 
                meet the targets established under paragraph (2)(B).
                  ``(D) Analysis methodology.--The Secretary shall make 
                publicly available the entire calculation methodology 
                (including input assumptions and data) used by the 
                Secretary to estimate the energy savings of code or 
                standard proposals and revisions.
          ``(4) Determination and establishment.--
                  ``(A) Revision of model building codes and 
                standards.--If the provisions of the IECC or ASHRAE 
                Standard 90.1 regarding building energy use are 
                revised, the Secretary shall make a preliminary 
                determination not later than 90 days after the date of 
                the revision, and a final determination not later than 
                1 year after the date of the revision, on whether the 
                revision will--
                          ``(i) improve energy efficiency in buildings 
                        compared to the existing national model 
                        building energy code; and
                          ``(ii) meet the applicable targets under 
                        paragraph (2)(B).
                  ``(B) Codes or standards not meeting targets.--
                          ``(i) In general.--If the Secretary makes a 
                        preliminary determination under subparagraph 
                        (A)(ii) that a code or standard does not meet 
                        the targets established under paragraph (2)(B), 
                        the Secretary may at the same time provide the 
                        model code or standard developer with proposed 
                        changes that would result in a model code that 
                        meets the targets and with supporting evidence, 
                        taking into consideration--
                                  ``(I) whether the modified code is 
                                technically feasible and life-cycle 
                                cost effective;
                                  ``(II) available appliances, 
                                technologies, materials, and 
                                construction practices; and
                                  ``(III) the economic considerations 
                                under paragraph (2)(D).
                          ``(ii) Incorporation of changes.--
                                  ``(I) In general.--On receipt of the 
                                proposed changes, the model code or 
                                standard developer shall have an 
                                additional 180 days to incorporate 
                                changes into the model code or 
                                standard.
                                  ``(II) Final determination.--A final 
                                determination under subparagraph (A) 
                                shall be on the modified model code or 
                                standard.
                  ``(C) Positive determinations.--If the Secretary 
                makes positive final determinations under clauses (i) 
                and (ii) of subparagraph (A) or under clause (i) of 
                subparagraph (A) if the applicable target has not been 
                established, the revised IECC or ASHRAE Standard 90.1 
                shall be established as the relevant national model 
                building energy code.
                  ``(D) Establishment by secretary.--
                          ``(i) In general.--If the Secretary makes a 
                        negative final determination under subparagraph 
                        (A)(ii), the Secretary shall at the same time 
                        establish a modified national model building 
                        energy code.
                          ``(ii) Codes or standards not updated.--If 
                        the IECC or ASHRAE Standard 90.1 is not revised 
                        by a target date under paragraph (2), the 
                        Secretary shall, not later than 90 days after 
                        the target date, issue a draft of, and not 
                        later than 1 year after the target date, 
                        establish, a modified national model building 
                        energy code.
                          ``(iii) Requirements.--Any national model 
                        building energy code established under this 
                        subparagraph shall--
                                  ``(I) meet the targets established 
                                under paragraph (2);
                                  ``(II) achieve the maximum level of 
                                energy savings that is technologically 
                                feasible and life-cycle cost-effective, 
                                while accounting for the economic 
                                considerations under paragraph (2)(D);
                                  ``(III) be based on the latest 
                                edition of the IECC or ASHRAE Standard 
                                90.1, including any subsequent 
                                amendments, addenda, or additions, but 
                                may also consider other model codes or 
                                standards; and
                                  ``(IV) observe and protect the 
                                intellectual property rights of 
                                nationally recognized code and 
                                standards developers.
          ``(5) Administration.--In carrying out this section, the 
        Secretary shall--
                  ``(A) publish notice of targets, determinations, and 
                national model building energy codes under this section 
                in the Federal Register to provide an explanation of 
                and the basis for such actions, including any 
                supporting modeling, data, assumptions, protocols, and 
                cost-benefit analysis, including return on investment; 
                and
                  ``(B) provide an opportunity for public comment on 
                targets, determinations, and national model building 
                energy codes under this section.
  ``(b) State and Indian Tribe Certification of Building Energy Code 
Updates.--
          ``(1) Review and updating of codes by each state and indian 
        tribe.--
                  ``(A) In general.--Not later than 2 years after the 
                date on which a national model building energy code is 
                established or revised under subsection (a), each State 
                and Indian tribe shall certify whether or not the State 
                and Indian tribe, respectively, has reviewed and 
                updated the energy provisions of the building code of 
                the State and Indian tribe, respectively.
                  ``(B) Demonstration.--The certification shall include 
                a demonstration of whether or not the code provisions 
                that are in effect throughout the State and Indian 
                tribe--
                          ``(i) meet or exceed the revised model code; 
                        or
                          ``(ii) achieve equivalent or greater energy 
                        savings.
                  ``(C) No model code update.--If the Secretary fails 
                to revise a national model building energy code by the 
                date specified in subsection (a)(4), each State and 
                Indian tribe shall, not later than 2 years after the 
                specified date, certify whether or not the State and 
                Indian tribe, respectively, has reviewed and updated 
                the energy provisions of the building code of the State 
                and Indian tribe, respectively, to meet or exceed the 
                target in subsection (a)(2).
          ``(2) Validation by secretary.--Not later than 90 days after 
        a State or Indian tribe certification under paragraph (1), the 
        Secretary shall--
                  ``(A) determine whether the code provisions of the 
                State or Indian tribe, respectively, meet the criteria 
                specified in paragraph (1); and
                  ``(B) if the determination is positive, validate the 
                certification.
  ``(c) Improvements in Compliance With Building Energy Codes.--
          ``(1) Requirement.--
                  ``(A) In general.--Not later than 3 years after the 
                date of a certification under subsection (b), each 
                State and Indian tribe shall certify whether or not the 
                State and Indian tribe, respectively, has--
                          ``(i) achieved full compliance under 
                        paragraph (3) with the applicable certified 
                        State and Indian tribe building energy code or 
                        with the associated national model building 
                        energy code; or
                          ``(ii) made significant progress under 
                        paragraph (4) toward achieving compliance with 
                        the applicable certified State and Indian tribe 
                        building energy code or with the associated 
                        national model building energy code.
                  ``(B) Repeat certifications.--If the State or Indian 
                tribe certifies progress toward achieving compliance, 
                the State or Indian tribe shall repeat the 
                certification until the State or Indian tribe certifies 
                that the State or Indian tribe has achieved full 
                compliance, respectively.
          ``(2) Measurement of compliance.--A certification under 
        paragraph (1) shall include documentation of the rate of 
        compliance based on--
                  ``(A) independent inspections of a random sample of 
                the buildings covered by the code in the preceding 
                year; or
                  ``(B) an alternative method that yields an accurate 
                measure of compliance.
          ``(3) Achievement of compliance.--A State or Indian tribe 
        shall be considered to achieve full compliance under paragraph 
        (1) if--
                  ``(A) at least 90 percent of building space covered 
                by the code in the preceding year substantially meets 
                all the requirements of the applicable code specified 
                in paragraph (1), or achieves equivalent or greater 
                energy savings level; or
                  ``(B) the estimated excess energy use of buildings 
                that did not meet the applicable code specified in 
                paragraph (1) in the preceding year, compared to a 
                baseline of comparable buildings that meet this code, 
                is not more than 5 percent of the estimated energy use 
                of all buildings covered by this code during the 
                preceding year.
          ``(4) Significant progress toward achievement of 
        compliance.--A State or Indian tribe shall be considered to 
        have made significant progress toward achieving compliance for 
        purposes of paragraph (1) if the State or Indian tribe--
                  ``(A) has developed and is implementing a plan for 
                achieving compliance during the 8-year-period beginning 
                on the date of enactment of this paragraph, including 
                annual targets for compliance and active training and 
                enforcement programs; and
                  ``(B) has met the most recent target under 
                subparagraph (A).
          ``(5) Validation by secretary.--Not later than 90 days after 
        a State or Indian tribe certification under paragraph (1), the 
        Secretary shall--
                  ``(A) determine whether the State or Indian tribe has 
                demonstrated meeting the criteria of this subsection, 
                including accurate measurement of compliance; and
                  ``(B) if the determination is positive, validate the 
                certification.
  ``(d) States or Indian Tribes That Do Not Meet Targets.--
          ``(1) Reporting.--A State or Indian tribe that has not made a 
        certification required under subsection (b) or (c) by the 
        applicable deadline shall submit to the Secretary a report on--
                  ``(A) the status of the State or Indian tribe with 
                respect to meeting the requirements and submitting the 
                certification; and
                  ``(B) a plan for meeting the requirements and 
                submitting the certification.
          ``(2) Federal support.--Any State or Indian tribe for which 
        the Secretary has not accepted a certification by a deadline 
        under subsection (b) or (c) may be ineligible for Federal 
        support authorized under this section for code adoption and 
        compliance activities.
          ``(3) Local government.--In any State or Indian tribe for 
        which the Secretary has not accepted a certification under 
        subsection (b) or (c), a local government may be eligible for 
        Federal support by meeting the certification requirements of 
        subsections (b) and (c).
          ``(4) Annual reports by secretary.--
                  ``(A) In general.--The Secretary shall annually 
                submit to Congress, and publish in the Federal 
                Register, a report on--
                          ``(i) the status of national model building 
                        energy codes;
                          ``(ii) the status of code adoption and 
                        compliance in the States and Indian tribes;
                          ``(iii) implementation of this section; and
                          ``(iv) improvements in energy savings over 
                        time as result of the targets established under 
                        subsection (a)(2)(B).
                  ``(B) Impacts.--The report shall include estimates of 
                impacts of past action under this section, and 
                potential impacts of further action, on--
                          ``(i) upfront financial and construction 
                        costs, cost benefits and returns (using 
                        investment analysis), and lifetime energy use 
                        for buildings;
                          ``(ii) resulting energy costs to individuals 
                        and businesses; and
                          ``(iii) resulting overall annual building 
                        ownership and operating costs.
  ``(e) Technical Assistance to States and Indian Tribes.--The 
Secretary shall provide technical assistance to States and Indian 
tribes to implement the requirements of this section, including 
procedures and technical analysis for States and Indian tribes--
          ``(1) to demonstrate that the code provisions of the States 
        and Indian tribes achieve equivalent or greater energy savings 
        than the national model building energy codes;
          ``(2) to document the rate of compliance with a building 
        energy code; and
          ``(3) to improve and implement State residential and 
        commercial building energy codes or otherwise promote the 
        design and construction of energy efficient buildings.
  ``(f) Availability of Incentive Funding.--
          ``(1) In general.--The Secretary shall provide incentive 
        funding to States and Indian tribes--
                  ``(A) to implement the requirements of this section;
                  ``(B) to improve and implement residential and 
                commercial building energy codes, including increasing 
                and verifying compliance with the codes and training of 
                State, tribal, and local building code officials to 
                implement and enforce the codes; and
                  ``(C) to promote building energy efficiency through 
                the use of the codes.
          ``(2) Additional funding.--Additional funding shall be 
        provided under this subsection for implementation of a plan to 
        achieve and document full compliance with residential and 
        commercial building energy codes under subsection (c)--
                  ``(A) to a State or Indian tribe for which the 
                Secretary has accepted a certification under subsection 
                (b) or (c); and
                  ``(B) in a State or Indian tribe that is not eligible 
                under subparagraph (A), to a local government that is 
                in eligible under this section.
          ``(3) Training.--Of the amounts made available under this 
        subsection, the State may use amounts required, but not to 
        exceed $750,000 for a State, to train State and local building 
        code officials to implement and enforce codes described in 
        paragraph (2).
          ``(4) Local governments.--States may share grants under this 
        subsection with local governments that implement and enforce 
        the codes.
  ``(g) Stretch Codes and Advanced Standards.--
          ``(1) In general.--The Secretary shall provide technical and 
        financial support for the development of stretch codes and 
        advanced standards for residential and commercial buildings for 
        use as--
                  ``(A) an option for adoption as a building energy 
                code by local, tribal, or State governments; and
                  ``(B) guidelines for energy-efficient building 
                design.
          ``(2) Targets.--The stretch codes and advanced standards 
        shall be designed--
                  ``(A) to achieve substantial energy savings compared 
                to the national model building energy codes; and
                  ``(B) to meet targets under subsection (a)(2), if 
                available, at least 3 to 6 years in advance of the 
                target years.
  ``(h) Studies.--The Secretary, in consultation with building science 
experts from the National Laboratories and institutions of higher 
education, designers and builders of energy-efficient residential and 
commercial buildings, code officials, and other stakeholders, shall 
undertake a study of the feasibility, impact, economics, and merit of--
          ``(1) code improvements that would require that buildings be 
        designed, sited, and constructed in a manner that makes the 
        buildings more adaptable in the future to become zero-net-
        energy after initial construction, as advances are achieved in 
        energy-saving technologies;
          ``(2) code procedures to incorporate measured lifetimes, not 
        just first-year energy use, in trade-offs and performance 
        calculations; and
          ``(3) legislative options for increasing energy savings from 
        building energy codes, including additional incentives for 
        effective State and local action, and verification of 
        compliance with and enforcement of a code other than by a State 
        or local government.
  ``(i) Voluntary Codes and Standards.--Nothwithstanding any other 
provision of this section, any model building code or standard 
established under this section shall not be binding on a State, local 
government, or Indian tribe as a matter of Federal law.
  ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $200,000,000, to remain 
available until expended.''.
  (b) Definition of IECC.--Section 303 of the Energy Conservation and 
Production Act (42 U.S.C. 6832) is amended by adding at the end the 
following:
          ``(17) IECC.--The term `IECC' means the International Energy 
        Conservation Code.
          ``(18) Indian tribe.--The term `Indian tribe' has the meaning 
        given the term in section 4 of the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 U.S.C. 
        4103).''.
  (c) Conforming Amendment.--Section 307 of the Energy Conservation and 
Production Act (42 U.S.C. 6836) is repealed.

           Subtitle B--Worker Training and Capacity Building

SEC. 111. BUILDING TRAINING AND ASSESSMENT CENTERS.

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

                 TITLE II--BUILDING EFFICIENCY FINANCE

SEC. 201. LOAN PROGRAM FOR ENERGY EFFICIENCY UPGRADES TO EXISTING 
                    BUILDINGS.

  Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) 
is amended by adding at the end the following:

``SEC. 1706. BUILDING RETROFIT FINANCING PROGRAM.

  ``(a) Definitions.--In this section:
          ``(1) Credit support.--The term `credit support' means a 
        guarantee or commitment to issue a guarantee or other forms of 
        credit enhancement to ameliorate risks for efficiency 
        obligations.
          ``(2) Efficiency obligation.--The term `efficiency 
        obligation' means a debt or repayment obligation incurred in 
        connection with financing a project, or a portfolio of such 
        debt or payment obligations.
          ``(3) Project.--The term `project' means the installation and 
        implementation of efficiency, advanced metering, distributed 
        generation, or renewable energy technologies and measures in a 
        building (or in multiple buildings on a given property) that 
        are expected to increase the energy efficiency of the building 
        (including fixtures) in accordance with criteria established by 
        the Secretary.
  ``(b) Eligible Projects.--
          ``(1) In general.--Notwithstanding sections 1703 and 1705, 
        the Secretary may provide credit support under this section, in 
        accordance with section 1702.
          ``(2) Inclusions.--Buildings eligible for credit support 
        under this section include commercial, multifamily residential, 
        industrial, municipal, government, institution of higher 
        education, school, and hospital facilities that satisfy 
        criteria established by the Secretary.
  ``(c) Guidelines.--
          ``(1) In general.--Not later than 180 days after the date of 
        enactment of this section, the Secretary shall--
                  ``(A) establish guidelines for credit support 
                provided under this section; and
                  ``(B) publish the guidelines in the Federal Register; 
                and
                  ``(C) provide for an opportunity for public comment 
                on the guidelines.
          ``(2) Requirements.--The guidelines established by the 
        Secretary under this subsection shall include--
                  ``(A) standards for assessing the energy savings that 
                could reasonably be expected to result from a project;
                  ``(B) examples of financing mechanisms (and 
                portfolios of such financing mechanisms) that qualify 
                as efficiency obligations;
                  ``(C) the threshold levels of energy savings that a 
                project, at the time of issuance of credit support, 
                shall be reasonably expected to achieve to be eligible 
                for credit support;
                  ``(D) the eligibility criteria the Secretary 
                determines to be necessary for making credit support 
                available under this section; and
                  ``(E) notwithstanding subsections (d)(3) and 
                (g)(2)(B) of section 1702, any lien priority 
                requirements that the Secretary determines to be 
                necessary, in consultation with the Director of the 
                Office of Management and Budget, which may include--
                          ``(i) mechanisms to preserve prior lien 
                        positions of mortgage lenders and other 
                        creditors in buildings eligible for credit 
                        support;
                          ``(ii) remedies available to the Secretary 
                        under chapter 176 of title 28, United States 
                        Code, in the event of default on the efficiency 
                        obligation by the borrower; and
                          ``(iii) measures to limit the exposure of the 
                        Secretary to financial risk in the event of 
                        default, such as--
                                  ``(I) the collection of a credit 
                                subsidy fee from the borrower as a loan 
                                loss reserve, taking into account the 
                                limitation on credit support under 
                                subsection (d);
                                  ``(II) minimum debt-to-income levels 
                                of the borrower;
                                  ``(III) minimum levels of value 
                                relative to outstanding mortgage or 
                                other debt on a building eligible for 
                                credit support;
                                  ``(IV) allowable thresholds for the 
                                percent of the efficiency obligation 
                                relative to the amount of any mortgage 
                                or other debt on an eligible building;
                                  ``(V) analysis of historic and 
                                anticipated occupancy levels and rental 
                                income of an eligible building;
                                  ``(VI) requirements of third-party 
                                contractors to guarantee energy savings 
                                that will result from a retrofit 
                                project, and whether financing on the 
                                efficiency obligation will amortize 
                                from the energy savings;
                                  ``(VII) requirements that the 
                                retrofit project incorporate protocols 
                                to measure and verify energy savings; 
                                and
                                  ``(VIII) recovery of payments equally 
                                by the Secretary and the retrofit.
          ``(3) Efficiency obligations.--The financing mechanisms 
        qualified by the Secretary under paragraph (2)(B) may include--
                  ``(A) loans, including loans made by the Federal 
                Financing Bank;
                  ``(B) power purchase agreements, including energy 
                efficiency power purchase agreements;
                  ``(C) energy services agreements, including energy 
                performance contracts;
                  ``(D) property assessed clean energy bonds and other 
                tax assessment-based financing mechanisms;
                  ``(E) aggregate on-meter agreements that finance 
                retrofit projects; and
                  ``(F) any other efficiency obligations the Secretary 
                determines to be appropriate.
          ``(4) Priorities.--In carrying out this section, the 
        Secretary shall prioritize--
                  ``(A) the maximization of energy savings with the 
                available credit support funding;
                  ``(B) the establishment of a clear application and 
                approval process that allows private building owners, 
                lenders, and investors to reasonably expect to receive 
                credit support for projects that conform to guidelines;
                  ``(C) the distribution of projects receiving credit 
                support under this section across States or 
                geographical regions of the United States; and
                  ``(D) projects designed to achieve whole-building 
                retrofits.
  ``(d) Limitation.--Notwithstanding section 1702(c), the Secretary 
shall not issue credit support under this section in an amount that 
exceeds--
          ``(1) 90 percent of the principal amount of the efficiency 
        obligation that is the subject of the credit support; or
          ``(2) $10,000,000 for any single project.
  ``(e) Aggregation of Projects.--To the extent provided in the 
guidelines developed in accordance with subsection (c), the Secretary 
may issue credit support on a portfolio, or pool of projects, that are 
not required to be geographically contiguous, if each efficiency 
obligation in the pool fulfills the requirements described in this 
section.
  ``(f) Application.--
          ``(1) In general.--To be eligible to receive credit support 
        under this section, the applicant shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary determines to be necessary.
          ``(2) Contents.--An application submitted under this section 
        shall include assurances by the applicant that--
                  ``(A) each contractor carrying out the project meets 
                minimum experience level criteria, including local 
                retrofit experience, as determined by the Secretary;
                  ``(B) the project is reasonably expected to achieve 
                energy savings, as set forth in the application using 
                any methodology that meets the standards described in 
                the program guidelines;
                  ``(C) the project meets any technical criteria 
                described in the program guidelines;
                  ``(D) the recipient of the credit support and the 
                parties to the efficiency obligation will provide the 
                Secretary with--
                          ``(i) any information the Secretary requests 
                        to assess the energy savings that result from 
                        the project, including historical energy usage 
                        data, a simulation-based benchmark, and 
                        detailed descriptions of the building work, as 
                        described in the program guidelines; and
                          ``(ii) permission to access information 
                        relating to building operations and usage for 
                        the period described in the program guidelines; 
                        and
                  ``(E) any other assurances that the Secretary 
                determines to be necessary.
          ``(3) Determination.--Not later than 90 days after receiving 
        an application, the Secretary shall make a final determination 
        on the application, which may include requests for additional 
        information.
  ``(g) Fees.--
          ``(1) In general.--In addition to the fees required by 
        section 1702(h)(1), the Secretary may charge reasonable fees 
        for credit support provided under this section.
          ``(2) Availability.--Fees collected under this section shall 
        be subject to section 1702(h)(2).
  ``(h) Underwriting.--The Secretary may delegate the underwriting 
activities under this section to 1 or more entities that the Secretary 
determines to be qualified.
  ``(i) Report.--Not later than 1 year after commencement of the 
program, the Secretary shall submit to the appropriate committees of 
Congress a report that describes in reasonable detail--
          ``(1) the manner in which this section is being carried out;
          ``(2) the number and type of projects supported;
          ``(3) the types of funding mechanisms used to provide credit 
        support to projects;
          ``(4) the energy savings expected to result from projects 
        supported by this section;
          ``(5) any tracking efforts the Secretary is using to 
        calculate the actual energy savings produced by the projects; 
        and
          ``(6) any plans to improve the tracking efforts described in 
        paragraph (5).
  ``(j) Funding.--
          ``(1) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this section 
        $400,000,000 for the period of fiscal years 2012 through 2021, 
        to remain available until expended.
          ``(2) Administrative costs.--Not more than 1 percent of any 
        amounts made available to the Secretary under paragraph (1) may 
        be used by the Secretary for administrative costs incurred in 
        carrying out this section.''.

          TITLE III--INDUSTRIAL EFFICIENCY AND COMPETITIVENESS

              Subtitle A--Manufacturing Energy Efficiency

SEC. 301. STATE PARTNERSHIP INDUSTRIAL ENERGY EFFICIENCY REVOLVING LOAN 
                    PROGRAM.

  Section 399A of the Energy Policy and Conservation Act (42 U.S.C. 
6371h-1) is amended--
          (1) in the section heading, by inserting ``AND INDUSTRY'' 
        before the period at the end;
          (2) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
          (3) by inserting after subsection (g) the following:
  ``(h) State Partnership Industrial Energy Efficiency Revolving Loan 
Program.--
          ``(1) In general.--The Secretary shall carry out a program 
        under which the Secretary shall provide grants to eligible 
        lenders to pay the Federal share of creating a revolving loan 
        program under which loans are provided to commercial and 
        industrial manufacturers to implement commercially available 
        technologies or processes that significantly--
                  ``(A) reduce systems energy intensity, including the 
                use of energy-intensive feedstocks; and
                  ``(B) improve the industrial competitiveness of the 
                United States.
          ``(2) Eligible lenders.--To be eligible to receive cost-
        matched Federal funds under this subsection, a lender shall--
                  ``(A) be a community and economic development lender 
                that the Secretary certifies meets the requirements of 
                this subsection;
                  ``(B) lead a partnership that includes participation 
                by, at a minimum--
                          ``(i) a State government agency; and
                          ``(ii) a private financial institution or 
                        other provider of loan capital;
                  ``(C) submit an application to the Secretary, and 
                receive the approval of the Secretary, for cost-matched 
                Federal funds to carry out a loan program described in 
                paragraph (1); and
                  ``(D) ensure that non-Federal funds are provided to 
                match, on at least a dollar-for-dollar basis, the 
                amount of Federal funds that are provided to carry out 
                a revolving loan program described in paragraph (1).
          ``(3) Award.--The amount of cost-matched Federal funds 
        provided to an eligible lender shall not exceed $100,000,000 
        for any fiscal year.
          ``(4) Recapture of awards.--
                  ``(A) In general.--An eligible lender that receives 
                an award under paragraph (1) shall be required to repay 
                to the Secretary an amount of cost-match Federal funds, 
                as determined by the Secretary under subparagraph (B), 
                if the eligible lender is unable or unwilling to 
                operate a program described in this subsection for a 
                period of not less than 10 years beginning on the date 
                on which the eligible lender first receives funds made 
                available through the award.
                  ``(B) Determination by secretary.--The Secretary 
                shall determine the amount of cost-match Federal funds 
                that an eligible lender shall be required to repay to 
                the Secretary under subparagraph (A) based on the 
                consideration by the Secretary of--
                          ``(i) the amount of non-Federal funds matched 
                        by the eligible lender;
                          ``(ii) the amount of loan losses incurred by 
                        the revolving loan program described in 
                        paragraph (1); and
                          ``(iii) any other appropriate factor, as 
                        determined by the Secretary.
                  ``(C) Use of recaptured cost-match federal funds.--
                The Secretary may distribute to eligible lenders under 
                this subsection each amount received by the Secretary 
                under this paragraph.
          ``(5) Eligible projects.--A program for which cost-matched 
        Federal funds are provided under this subsection shall be 
        designed to accelerate the implementation of industrial and 
        commercial applications of technologies or processes (including 
        distributed generation, applications or technologies that use 
        sensors, meters, software, and information networks, controls, 
        and drives or that have been installed pursuant to an energy 
        savings performance contract, project, or strategy) that--
                  ``(A) improve energy efficiency, including 
                improvements in efficiency and use of water, power 
                factor, or load management;
                  ``(B) enhance the industrial competitiveness of the 
                United States; and
                  ``(C) achieve such other goals as the Secretary 
                determines to be appropriate.
          ``(6) Evaluation.--The Secretary shall evaluate applications 
        for cost-matched Federal funds under this subsection on the 
        basis of--
                  ``(A) the description of the program to be carried 
                out with the cost-matched Federal funds;
                  ``(B) the commitment to provide non-Federal funds in 
                accordance with paragraph (2)(D);
                  ``(C) program sustainability over a 10-year period;
                  ``(D) the capability of the applicant;
                  ``(E) the quantity of energy savings or energy 
                feedstock minimization;
                  ``(F) the advancement of the goal under this Act of 
                25-percent energy avoidance;
                  ``(G) the ability to fund energy efficient projects 
                not later than 120 days after the date of the grant 
                award; and
                  ``(H) such other factors as the Secretary determines 
                appropriate.
          ``(7) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection, $400,000,000 
        for each of fiscal years 2012 through 2021.''.

SEC. 302. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT 
                    TECHNOLOGIES FOR INDUSTRY.

  (a) In General.--As part of the research and development activities 
of the Industrial Technologies Program of the Department of Energy, the 
Secretary shall establish, as appropriate, collaborative research and 
development partnerships with other programs within the Office of 
Energy Efficiency and Renewable Energy (including the Building 
Technologies Program), the Office of Electricity Delivery and Energy 
Reliability, and the Office of Science that--
          (1) leverage the research and development expertise of those 
        programs to promote early stage energy efficiency technology 
        development;
          (2) support the use of innovative manufacturing processes and 
        applied research for development, demonstration, and 
        commercialization of new technologies and processes to improve 
        efficiency (including improvements in efficient use of water), 
        reduce emissions, reduce industrial waste, and improve 
        industrial cost-competitiveness; and
          (3) apply the knowledge and expertise of the Industrial 
        Technologies Program to help achieve the program goals of the 
        other programs.
  (b) Reports.--Not later than 2 years after the date of enactment of 
this Act and biennially thereafter, the Secretary shall submit to 
Congress a report that describes actions taken to carry out subsection 
(a) and the results of those actions.

SEC. 303. ENERGY EFFICIENT TECHNOLOGIES ASSESSMENT.

  (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall commence an assessment of commercially 
available, cost competitive energy efficiency technologies that are not 
widely implemented within the United States for the energy-intensive 
industries of--
          (1) steel;
          (2) aluminum;
          (3) forest and paper products;
          (4) food processing;
          (5) metal casting;
          (6) glass;
          (7) chemicals;
          (8) petroleum refining;
          (9) cement;
          (10) industrial gases;
          (11) information and communication technologies; and
          (12) other industries that (as determined by the Secretary)--
                  (A) use large quantities of energy;
                  (B) emit large quantities of greenhouse gases; or
                  (C) use a rapidly increasing quantity of energy.
  (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall publish a report, in collaboration with 
affected energy-intensive industries, based on the assessment conducted 
under subsection (a), that contains--
          (1) a detailed inventory describing the cost, energy, and 
        greenhouse gas emission savings of each technology described in 
        subsection (a);
          (2) for each technology, the total cost, energy, water, and 
        greenhouse gas emissions savings if the technology is 
        implemented throughout the industry of the United States;
          (3) for each industry, an assessment of total possible cost, 
        energy, and greenhouse gas emissions savings possible if state-
        of-the art, cost-competitive, commercial energy efficiency 
        technologies were adopted;
          (4) for each industry, a comparison to the European Union, 
        Japan, and other appropriate countries of energy efficiency 
        technology adoption rates, as determined by the Secretary, 
        including an examination of the policy structures in those 
        countries that promote investments in energy efficiency 
        technologies;
          (5) recommendations on how to create and retain jobs in the 
        United States through private sector collaboration of energy 
        service providers and energy-intensive industries; and
          (6) an assessment of energy savings available from increased 
        use of recycled material in energy-intensive manufacturing 
        processes.

SEC. 304. FUTURE OF INDUSTRY PROGRAM.

  (a) In General.--Section 452 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17111) is amended by striking the section 
heading and inserting the following: ``FUTURE OF INDUSTRY PROGRAM''.
  (b) Definition of Energy Service Provider.--Section 452(a) of the 
Energy Independence and Security Act of 2007 (42 U.S.C. 17111(a)) is 
amended--
          (1) by redesignating paragraphs (3) through (5) as paragraphs 
        (4) through (6), respectively; and
          (2) by inserting after paragraph (3):
          ``(5) Energy service provider.--The term `energy service 
        provider' means any private company or similar entity providing 
        technology or services to improve energy efficiency in an 
        energy-intensive industry.''.
  (c) Industry-specific Road Maps.--Section 452(c)(2) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17111(c)(2)) is 
amended--
          (1) in subparagraph (E), by striking ``and'' at the end;
          (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
          (3) by inserting after subparagraph (E) the following:
                  ``(F) research to establish (through the Industrial 
                Technologies Program and in collaboration with energy-
                intensive industries) a road map process under which--
                          ``(i) industry-specific studies are conducted 
                        to determine the intensity of energy use, 
                        greenhouse gas emissions, and waste and 
                        operating costs, by process and subprocess;
                          ``(ii) near-, mid-, and long-term targets of 
                        opportunity are established for synergistic 
                        improvements in efficiency, sustainability, and 
                        resilience; and
                          ``(iii) public-private actionable plans are 
                        created to achieve roadmap goals; and''.
  (d) Industrial Research and Assessment Centers.--
          (1) In general.--Section 452(e) of the Energy Independence 
        and Security Act of 2007 (42 U.S.C. 17111(e)) is amended--
                  (A) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively, and 
                indenting appropriately;
                  (B) by striking ``The Secretary'' and inserting the 
                following:
          ``(1) In general.--The Secretary'';
                  (C) in subparagraph (A) (as redesignated by 
                subparagraph (A)), by inserting before the semicolon at 
                the end the following: ``, including assessments of 
                sustainable manufacturing goals and the implementation 
                of information technology advancements for supply chain 
                analysis, logistics, system monitoring, industrial and 
                manufacturing processes, and other purposes''; and
                  (D) by adding at the end the following:
          ``(2) Centers of excellence.--
                  ``(A) In general.--The Secretary shall establish a 
                Center of Excellence at up to 10 of the highest 
                performing industrial research and assessment centers, 
                as determined by the Secretary.
                  ``(B) Duties.--A Center of Excellence shall 
                coordinate with and advise the industrial research and 
                assessment centers located in the region of the Center 
                of Excellence.
                  ``(C) Funding.--Subject to the availability of 
                appropriations, of the funds made available under 
                subsection (f), the Secretary shall use to support each 
                Center of Excellence not less than $500,000 for fiscal 
                year 2012 and each fiscal year thereafter, as 
                determined by the Secretary.
          ``(3) Expansion of centers.--The Secretary shall provide 
        funding to establish additional industrial research and 
        assessment centers at institutions of higher education that do 
        not have industrial research and assessment centers established 
        under paragraph (1), taking into account the size of, and 
        potential energy efficiency savings for, the manufacturing base 
        within the region of the proposed center.
          ``(4) Coordination.--
                  ``(A) In general.--To increase the value and 
                capabilities of the industrial research and assessment 
                centers, the centers shall--
                          ``(i) coordinate with Manufacturing Extension 
                        Partnership Centers of the National Institute 
                        of Standards and Technology;
                          ``(ii) coordinate with the Building 
                        Technologies Program of the Department of 
                        Energy to provide building assessment services 
                        to manufacturers;
                          ``(iii) increase partnerships with the 
                        National Laboratories of the Department of 
                        Energy to leverage the expertise and 
                        technologies of the National Laboratories for 
                        national industrial and manufacturing needs;
                          ``(iv) increase partnerships with energy 
                        service providers and technology providers to 
                        leverage private sector expertise and 
                        accelerate deployment of new and existing 
                        technologies and processes for energy 
                        efficiency, power factor, and load management;
                          ``(v) identify opportunities for reducing 
                        greenhouse gas emissions; and
                          ``(vi) promote sustainable manufacturing 
                        practices for small- and medium-sized 
                        manufacturers.
          ``(5) Outreach.--The Secretary shall provide funding for--
                  ``(A) outreach activities by the industrial research 
                and assessment centers to inform small- and medium-
                sized manufacturers of the information, technologies, 
                and services available; and
                  ``(B) a full-time equivalent employee at each center 
                of excellence whose primary mission shall be to 
                coordinate and leverage the efforts of the center 
                with--
                          ``(i) Federal and State efforts;
                          ``(ii) the efforts of utilities and energy 
                        service providers;
                          ``(iii) the efforts of regional energy 
                        efficiency organizations; and
                          ``(iv) the efforts of other centers in the 
                        region of the center of excellence.
          ``(6) Workforce training.--
                  ``(A) In general.--The Secretary shall pay the 
                Federal share of associated internship programs under 
                which students work with or for industries, 
                manufacturers, and energy service providers to 
                implement the recommendations of industrial research 
                and assessment centers.
                  ``(B) Federal share.--The Federal share of the cost 
                of carrying out internship programs described in 
                subparagraph (A) shall be 50 percent.
                  ``(C) Funding.--Subject to the availability of 
                appropriations, of the funds made available under 
                subsection (f), the Secretary shall use to carry out 
                this paragraph not less than $5,000,000 for fiscal year 
                2012 and each fiscal year thereafter.
          ``(7) Small business loans.--The Administrator of the Small 
        Business Administration shall, to the maximum practicable, 
        expedite consideration of applications from eligible small 
        business concerns for loans under the Small Business Act (15 
        U.S.C. 631 et seq.) to implement recommendations of industrial 
        research and assessment centers established under paragraph 
        (1).''.

SEC. 305. SUSTAINABLE MANUFACTURING INITIATIVE.

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

``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.

  ``(a) In General.--As part of the Industrial Technologies Program of 
the Department of Energy, the Secretary shall carry out a sustainable 
manufacturing initiative under which the Secretary, on the request of a 
manufacturer, shall conduct onsite technical assessments to identify 
opportunities for--
          ``(1) maximizing the energy efficiency of industrial 
        processes and cross-cutting systems;
          ``(2) preventing pollution and minimizing waste;
          ``(3) improving efficient use of water in manufacturing 
        processes;
          ``(4) conserving natural resources; and
          ``(5) achieving such other goals as the Secretary determines 
        to be appropriate.
  ``(b) Coordination.--The Secretary shall carry out the initiative in 
coordination with the private sector and appropriate agencies, 
including the National Institute of Standards and Technology to 
accelerate adoption of new and existing technologies or processes that 
improve energy efficiency.
  ``(c) Research and Development Program for Sustainable Manufacturing 
and Industrial Technologies and Processes.--As part of the Industrial 
Technologies Program of the Department of Energy, the Secretary shall 
carry out a joint industry-government partnership program to research, 
develop, and demonstrate new sustainable manufacturing and industrial 
technologies and processes that maximize the energy efficiency of 
industrial systems, reduce pollution, and conserve natural resources.
  ``(d) Authorization of Appropriations.--There is authorized to be to 
carry out this section $10,000,000 for the period of fiscal years 2012 
through 2021.''.
  (b) Table of Contents.--The table of contents of the Energy Policy 
and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the 
end of the items relating to part E of title III the following:

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

SEC. 306. STUDY OF ADVANCED ENERGY TECHNOLOGY MANUFACTURING 
                    CAPABILITIES IN THE UNITED STATES.

  (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall enter into an arrangement with the 
National Academy of Sciences under which the Academy shall conduct a 
study of the development of advanced manufacturing capabilities for 
various energy technologies, including--
          (1) an assessment of the manufacturing supply chains of 
        established and emerging industries;
          (2) an analysis of--
                  (A) the manner in which supply chains have changed 
                over the 25-year period ending on the date of enactment 
                of this Act;
                  (B) current trends in supply chains; and
                  (C) the energy intensity of each part of the supply 
                chain and opportunities for improvement;
          (3) for each technology or manufacturing sector, an analysis 
        of which sections of the supply chain are critical for the 
        United States to retain or develop to be competitive in the 
        manufacturing of the technology;
          (4) an assessment of which emerging energy technologies the 
        United States should focus on to create or enhance 
        manufacturing capabilities; and
          (5) recommendations on leveraging the expertise of energy 
        efficiency and renewable energy user facilities so that best 
        materials and manufacturing practices are designed and 
        implemented.
  (b) Report.--Not later than 2 years after the date on which the 
Secretary enters into the agreement with the Academy described in 
subsection (a), the Academy shall submit to the Committee on Energy and 
Natural Resources of the Senate, the Committee on Energy and Commerce 
of the House of Representatives, and the Secretary a report describing 
the results of the study required under this section, including any 
findings and recommendations.

SEC. 307. INDUSTRIAL TECHNOLOGIES STEERING COMMITTEE.

  The Secretary shall establish an advisory steering committee that 
includes national trade associations representing energy-intensive 
industries or energy service providers to provide recommendations to 
the Secretary on planning and implementation of the Industrial 
Technologies Program of the Department of Energy.

                        Subtitle B--Supply Star

SEC. 311. SUPPLY STAR.

  Part B of title III of the Energy Policy and Conservation Act (42 
U.S.C. 6291) is amended by inserting after section 324A (42 U.S.C. 
6294a) the following:

``SEC. 324B. SUPPLY STAR PROGRAM.

  ``(a) In General.--There is established within the Department of 
Energy a Supply Star program to identify and promote practices, 
recognize companies, and, as appropriate, recognize products that use 
highly efficient supply chains in a manner that conserves energy, 
water, and other resources.
  ``(b) Coordination.--In carrying out the program described in 
subsection (a), the Secretary shall--
          ``(1) consult with other appropriate agencies; and
          ``(2) coordinate efforts with the Energy Star program 
        established under section 324A.
  ``(c) Duties.--In carrying out the Supply Star program described in 
subsection (a), the Secretary shall--
          ``(1) promote practices, recognize companies, and, as 
        appropriate, recognize products that comply with the Supply 
        Star program as the preferred practices, companies, and 
        products in the marketplace for maximizing supply chain 
        efficiency;
          ``(2) work to enhance industry and public awareness of the 
        Supply Star program;
          ``(3) collect and disseminate data on supply chain energy 
        resource consumption;
          ``(4) develop and disseminate metrics, processes, and 
        analytical tools (including software) for evaluating supply 
        chain energy resource use;
          ``(5) develop guidance at the sector level for improving 
        supply chain efficiency;
          ``(6) work with domestic and international organizations to 
        harmonize approaches to analyzing supply chain efficiency, 
        including the development of a consistent set of tools, 
        templates, calculators, and databases; and
          ``(7) work with industry, including small businesses, to 
        improve supply chain efficiency through activities that 
        include--
                  ``(A) developing and sharing best practices; and
                  ``(B) providing opportunities to benchmark supply 
                chain efficiency.
  ``(d) Evaluation.--In any evaluation of supply chain efficiency 
carried out by the Secretary with respect to a specific product, the 
Secretary shall consider energy consumption and resource use throughout 
the entire lifecycle of a product, including production, transport, 
packaging, use, and disposal.
  ``(e) Grants and Incentives.--
          ``(1) In general.--The Secretary may award grants or other 
        forms of incentives on a competitive basis to eligible 
        entities, as determined by the Secretary, for the purposes of--
                  ``(A) studying supply chain energy resource 
                efficiency; and
                  ``(B) demonstrating and achieving reductions in the 
                energy resource consumption of commercial products 
                through changes and improvements to the production 
                supply and distribution chain of the products.
          ``(2) Use of information.--Any information or data generated 
        as a result of the grants or incentives described in paragraph 
        (1) shall be used to inform the development of the Supply Star 
        Program.
  ``(f) Training.--The Secretary shall use funds to support 
professional training programs to develop and communicate methods, 
practices, and tools for improving supply chain efficiency.
  ``(g) Effect of Impact on Climate Change.--For purposes of this 
section, the impact on climate change shall not be a factor in 
determining supply chain efficiency.
  ``(h) Effect of Outsourcing of American Jobs.--For purposes of this 
section, the outsourcing of American jobs in the production of a 
product shall not count as a positive factor in determining supply 
chain efficiency.
  ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for the period of 
fiscal years 2012 through 2021.''.

               Subtitle C--Electric Motor Rebate Program

SEC. 321. ENERGY SAVING MOTOR CONTROL REBATE PROGRAM.

  (a) Establishment.--Not later than January 1, 2012, the Secretary of 
Energy (referred to in this section as the ``Secretary'') shall 
establish a program to provide rebates for expenditures made by 
entities for the purchase and installation of a new constant speed 
electric motor control that reduces motor energy use by not less than 5 
percent.
  (b) Requirements.--
          (1) Application.--To be eligible to receive a rebate under 
        this section, an entity shall submit to the Secretary an 
        application in such form, at such time, and containing such 
        information as the Secretary may require, including--
                  (A) demonstrated evidence that the entity purchased a 
                constant speed electric motor control that reduces 
                motor energy use by not less than 5 percent; and
                  (B) the physical nameplate of the installed motor of 
                the entity to which the energy saving motor control is 
                attached.
          (2) Authorized amount of rebate.--The Secretary may provide 
        to an entity that meets the requirements of paragraph (1) a 
        rebate the amount of which shall be equal to the product 
        obtained by multiplying--
                  (A) the nameplate horsepower of the electric motor to 
                which the energy saving motor control is attached; and
                  (B) $25.
  (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2012 and 2013, to remain available until expended.

                 Subtitle D--Transformer Rebate Program

SEC. 331. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.

  (a) Definition of Qualified Transformer.--In this section, the term 
``qualified transformer'' means a transformer that meets or exceeds the 
National Electrical Manufacturers Association (NEMA) Premium Efficiency 
designation, calculated to 2 decimal points, as having 30 percent fewer 
losses than the NEMA TP-1-2002 efficiency standard for a transformer of 
the same number of phases and capacity, as measured in kilovolt-
amperes.
  (b) Establishment.--Not later than January 1, 2012, the Secretary of 
Energy (referred to in this section as the ``Secretary'') shall 
establish a program to provide rebates for expenditures made by owners 
of commercial buildings and multifamily residential buildings for the 
purchase and installation of a new energy efficient transformers.
  (c) Requirements.--
          (1) Application.--To be eligible to receive a rebate under 
        this section, an owner shall submit to the Secretary an 
        application in such form, at such time, and containing such 
        information as the Secretary may require, including 
        demonstrated evidence that the owner purchased a qualified 
        transformer.
          (2) Authorized amount of rebate.--For qualified transformers, 
        rebates, in dollars per kilovolt-ampere (referred to in this 
        paragraph as ``kVA'') shall be--
                  (A) for 3-phase transformers--
                          (i) with a capacity of not greater than 10 
                        kVA, $15;
                          (ii) with a capacity of not less than 10 kVA 
                        and not greater than 100 kVA, the difference 
                        between 15 and the quotient obtained by 
                        dividing--
                                  (I) the difference between--
                                          (aa) the capacity of the 
                                        transformer in kVA; and
                                          (bb) 10; by
                                  (II) 9; and
                          (iii) with a capacity greater than or equal 
                        to 100 kVA, $5; and
                  (B) for single-phase transformers, 75 percent of the 
                rebate for a 3-phase transformer of the same capacity.
  (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2012 and 2013, to remain available until expended.

               TITLE IV--FEDERAL AGENCY ENERGY EFFICIENCY

SEC. 401. ADOPTION OF PERSONAL COMPUTER POWER SAVINGS TECHNIQUES BY 
                    FEDERAL AGENCIES.

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

SEC. 402. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.

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

SEC. 403. BEST PRACTICES FOR ADVANCED METERING.

  Section 543(e) of the National Energy Conservation Policy Act (42 
U.S.C. 8253(e) is amended by striking paragraph (3) and inserting the 
following:
          ``(3) Plan.--
                  ``(A) In general.--Not later than 180 days after the 
                date on which guidelines are established under 
                paragraph (2), 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--
                          ``(i) how the agency will designate personnel 
                        primarily responsible for achieving the 
                        requirements; and
                          ``(ii) 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.
                  ``(B) Updates.--Reports submitted under subparagraph 
                (A) shall be updated annually.
          ``(4) Best practices report.--
                  ``(A) In general.--Not later than 180 days after the 
                date of enactment of the Energy Savings and Industrial 
                Competitiveness Act of 2011, 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 use in Federal facilities, 
                buildings, and equipment by Federal agencies.
                  ``(B) Updating.--The report described under 
                subparagraph (A) shall be updated annually.
                  ``(C) 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 
                        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.''.

SEC. 404. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION STANDARD.

  Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 
8253) is amended--
          (1) by redesignating the second subsection (f) (as added by 
        section 434(a) of Public Law 110-140 (121 Stat. 1614)) as 
        subsection (g); and
          (2) in subsection (f)(7), by striking subparagraph (A) and 
        inserting the following:
                  ``(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.''.

SEC. 405. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE.

  Section 804(4) of the National Energy Conservation Policy Act (42 
U.S.C. 8287c(4)) is amended--
          (1) in subparagraph (A), by striking ``or'' after the 
        semicolon;
          (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
          (3) by adding at the end the following:
                  ``(C) a measure to support the use of electric 
                vehicles or the fueling or charging infrastructure 
                necessary for electric vehicles.''.

SEC. 406. FEDERAL PURCHASE REQUIREMENT.

  Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is 
amended--
          (1) in subsections (a) and (b)(2), by striking ``electric 
        energy'' each place it appears and inserting ``electric and 
        thermal energy'';
          (2) by redesignating subsection (d) as subsection (e); and
          (3) by inserting after subsection (c) the following:
  ``(d) Separate Calculation.--Renewable energy produced at a Federal 
facility, on Federal land, or on Indian land (as defined in section 
2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501))--
          ``(1) shall be calculated separately from renewable energy 
        used; and
          ``(2) may be used individually or in combination to comply 
        with subsection (a).''.

SEC. 407. STUDY ON FEDERAL DATA CENTER CONSOLIDATION.

  (a) In General.--The Secretary of Energy shall conduct a study on the 
feasibility of a government-wide data center consolidation, with an 
overall Federal target of a minimum of 800 Federal data center closures 
by October 1, 2015.
  (b) Coordination.--In conducting the study, the Secretary shall 
coordinate with Federal data center program managers, facilities 
managers, and sustainability officers.
  (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to Congress a report that 
describes the results of the study, including a description of agency 
best practices in data center consolidation.

                         TITLE V--MISCELLANEOUS

SEC. 501. OFFSETS.

  (a) Zero-Net Energy Commercial Buildings Initiative.--Section 422(f) 
of the Energy Independence and Security Act of 2007 (42 U.S.C. 
17082(f)) is amended by striking paragraphs (2) through (4) and 
inserting the following:
          ``(2) $50,000,000 for each of fiscal years 2009 through 2012;
          ``(3) $100,000,000 for fiscal year 2013; and
          ``(4) $200,000,000 for each of fiscal years 2014 through 
        2018.''.
  (b) Energy Sustainability and Efficiency Grants and Loans for 
Institutions.--Subsection (j) of section 399A of the Energy Policy and 
Conservation Act (42 U.S.C. 6371h-1) (as redesignated by section 
301(2)) is amended--
          (1) in paragraph (1), by striking ``through 2013'' and 
        inserting ``and 2010, $100,000,000 for each of fiscal years 
        2011 and 2012, and $250,000,000 for fiscal year 2013''; and
          (2) in paragraph (2), by striking ``through 2013'' and 
        inserting ``and 2010, $100,000,000 for each of fiscal years 
        2011 and 2012, and $425,000,000 for fiscal year 2013''.
  (c) Waste Energy Recovery Incentive Program.--Section 373(f)(1) of 
the Energy Policy and Conservation Act (42 U.S.C. 6343(f)(1)) is 
amended--
          (1) by redesignating subparagraph (B) as subparagraph (D); 
        and
          (2) by striking subparagraph (A) and inserting the following:
                  ``(A) $100,000,000 for fiscal year 2008;
                  ``(B) $200,000,000 for each of fiscal years 2009 and 
                2010;
                  ``(C) $100,000,000 for each of fiscal years 2011 and 
                2012; and''.
  (d) Energy-intensive Industries Program.--Section 452(f)(1) of the 
Energy Independence and Security Act of 2007 (42 U.S.C. 17111(f)(1)) is 
amended--
          (1) in subparagraph (D), by striking ``$202,000,000'' and 
        inserting ``$102,000,000''; and
          (2) in subparagraph (E), by striking ``$208,000,000'' and 
        inserting ``$108,000,000''.

SEC. 502. BUDGETARY EFFECTS.

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

SEC. 503. ADVANCE APPROPRIATIONS REQUIRED.

  The authorization of amounts under this Act and the amendments made 
by this Act shall be effective for any fiscal year only to the extent 
and in the amount provided in advance in appropriations Acts.

                                Purpose

    The purpose of S. 1000 is to promote energy savings in 
residential and commercial buildings and industry, and in 
Federal, local, and Tribal governments.

                          Background and Need

    Since the 1973 oil embargo and every subsequent energy 
crisis, studies have shown that the United States could save 
energy and money by investing in energy efficiency. Today, 
efficient energy use and energy technologies are critical to 
U.S. job creation and competitiveness. In addition, efficient 
energy use reduces CO2 emissions and other 
pollutants. Yet many existing energy efficiency technologies 
and programs have not been installed or implemented.
    The National Academies released a study in 2010 on the 
potential for energy efficiency in commercial and residential 
buildings, transportation, and manufacturing (Real Prospects 
for Energy Efficiency in the United States). The study found 
that the potential for increasing energy efficiency is enormous 
and could more than offset the Energy Information 
Administration's projected increases in U.S. consumption 
through 2030.
    The Energy Savings and Industrial Competitiveness Act of 
2011 sets out a national strategy to increase the use of energy 
efficiency technologies in the residential, commercial, 
federal, and industrial sectors of our economy. The legislation 
uses a variety of low-cost tools to reduce barriers for private 
sector efficiency investments and drive the adoption of off-
the-shelf technologies that will save money for consumers and 
businesses, make America more energy independent, and reduce 
emissions. Efficiency technologies are commercially available 
today, can be deployed in every state in the nation, and 
quickly pay for themselves through energy savings.
    Commercial and residential buildings combined consume 40 
percent of all energy used. The U.S. industrial sector consumes 
more energy than any other sector of our economy and the 
Federal Government is the largest single energy consumer in the 
U.S. S. 1000 targets these three sectors for an energy-
efficiency upgrade that will drive economic growth across all 
regions of the country.

                          Legislative History

    S. 1000 was introduced on May 16, 2011 by Senator Shaheen 
and Senator Portman, and cosponsored by Senator Coons and 
Senator Landrieu. The Committee on Energy and Natural Resources 
held a legislative hearing on S. 1000 on June 9, 2011, and the 
bill was ordered favorably reported with an amendment in the 
nature of a substitute on July 14, 2011.
    Parts of S. 1000 are similar to legislation introduced in 
the 111th Congress. Title I, subtitle A, relating to building 
energy codes, and subtitle B, relating to worker training and 
capacity building, are similar to sections 241 and 243, 
respectively, of S. 1462 in the 111th Congress, the American 
Clean Energy Leadership Act of 2009, an original bill reported 
by the Committee on Energy and Natural Resources on July 16, 
2009.
    S. Rept. 111-48. Title II, relating to building efficiency 
finance, is similar to S. 3780 in the 111th Congress, the 
Recovery Through Building Renovation Act of 2010, introduced by 
Senator Shaheen on September 14, 2010. Title III, subtitle A, 
relating to manufacturing energy efficiency, is similar to 
title II, subtitle A, of S. 1462 in the 111th Congress. Title 
III, subtitle B, relating to Supply Star, is similar to S. 3396 
in the 111th Congress, the Supply Star Act of 2010, introduced 
by Senator Bingaman on May 24, 2010. The Committee on Energy 
and Natural Resources (subcommittee on Energy) held a hearing 
on S. 3396 on June 15, 2010, S. Hrg. 111-699, and reported it 
favorably on September 27, 2010. S. Rept. 111-319.

            Committee Recommendation and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 14, 2011, by majority vote of a 
quorum present recommends that the Senate pass S. 1000, if 
amended as described herein.
    The rollcall vote on reporting the measure was 18 yeas and 
3 nays as follows:
        YEAS                          NAYS
Mr. Bingaman                        Mr. Paul
Mr. Wyden                           Mr. Heller
Mr. Johnson*                        Mr. Corker
Ms. Landrieu
Ms. Cantwell
Mr. Sanders
Ms. Stabenow*
Mr. Udall
Mrs. Shaheen
Mr. Franken*
Mr. Manchin
Mr. Coons
Ms. Murkowski
Mr. Barrasso
Mr. Risch*
Mr. Coats
Mr. Portman
Mr. Hoeven
    *Indicates voting by Proxy. Mr. Lee did not vote.

                          Committee Amendment

    During its consideration of S. 1000, the Committee approved 
an amendment in the nature of a substitute. The substitute 
amendment makes numerous changes in the bill as originally 
introduced, principally, by deleting subtitle B of title I, 
relating to appliance standards (which the Committee separately 
reported as S. 398 on May 18, 2011); deleting section 201, 
relating to the rural energy savings program; adding a new 
subtitle D to title III, establishing an energy efficient 
transformer rebate program; adding authorization offsets; and 
reducing amounts authorized to be appropriated. In addition, 
during the consideration of the substitute, the Committee 
adopted an amendment to section 304 of the Energy Conservation 
and Production Act (as amended by section 1010(a) of the 
substitute), relating to building energy efficiency codes, 
which makes it clear that nothing in section 304 requires a 
State, local government, or Indian tribe to adopt a national 
model building code or standard established under section 304.

                      Section-By-Section Analysis

                           TITLE I--BUILDINGS

Subtitle A--Building energy codes

    Section 101(a) amends section 304 of the Energy 
Conservation and Production Act (ECPA) (42 U.S.C. 6833), 
relating to state building energy efficiency codes.
    ECPA section 304(a)(1), as amended, directs the Secretary 
of Energy to support the development of national model energy 
codes to enable the achievement of energy savings targets. The 
Secretary is directed to work with States, Indian Tribes, 
nationally recognized codes and standards developers, and 
others to establish 1 or more aggregate energy savings targets 
to achieve the purposes of this section, and to encourage state 
and local adoption of the codes and full compliance with the 
State and local codes.
    ECPA section 304(a)(2) directs the Secretary to support 
updating of the model energy codes for residential buildings 
and commercial buildings from the baseline of 2009 IECC for 
residential buildings and ASHRAE standards 90.1-2010. Targets 
for specific years are to be established by the Secretary 
though rulemaking and coordinated with nationally recognized 
codes and standards and are to promote the achievement of high 
performance buildings through high performance efficiency. The 
Secretary may consider factors affecting building energy use 
and economic considerations including a return on investment 
analysis in setting the targets.
    ECPA section 304(a)(3) directs the Secretary to provide 
technical assistance to model codes and standards 
organizations. The assistance is to include evaluating codes or 
standards, proposals, or revisions; building energy analysis 
and design tools; building demonstrations; developing 
definitions of energy use intensity and building types; 
performance-based standards; evaluating economic 
considerations, and developing model codes by Indian tribes. In 
addition, the Secretary may submit amendment proposals to 
enable the code or standard to meet its targets.
    ECPA section 304(a)(4) sets forth the procedures for 
revising model building codes and standards, and for addressing 
codes or standards that do not meet the targets, or codes and 
standards that have not been updated, and if necessary, the 
Secretary may establish a modified national building energy 
code.
    ECPA section 304(a)(5) requires the Secretary to publish 
notice of targets, determinations, and national model building 
energy codes in the Federal Register with the explanation of 
and the basis for such actions. The Secretary shall also 
provide an opportunity for public comment on targets, 
determination, and codes under this section.
    ECPA section 304(b) requires that, within 2 years of the 
establishment of national model building codes, States and 
Indian tribes certify whether they have updated their codes, 
and whether the codes meet the revised model code or achieve 
equivalent of greater energy savings. Within 90 days of the 
State or tribe's certification, the Secretary must determine 
whether the state or tribal code meets the revised model code, 
and if so, validate the certification.
    ECPA section 304(c) provides that 3 years after the date of 
a certification under subsection (b), each State and Indian 
Tribe must certify whether it has achieved full compliance or 
made significant progress toward achieving compliance, and 
shall repeat the certification until the State or Indian tribe 
has achieved full compliance. The section describes measurement 
of compliance and the achievement of compliance, including 
annual targets for compliance and active training and 
enforcement.
    ECPA section 304(d)(1) provides that a State or Indian 
tribe that does not meet its targets shall submit a report to 
the Secretary on the status of meeting the requirements and 
submitting the certification and a plan for meeting the 
requirements and submitting the certification.
    ECPA section 304(d)(2) states that any State or Indian 
tribe for which the Secretary has not acted on a certification 
by a deadline under subsection (b) or (c) may be ineligible for 
Federal support authorized under section 304 for code adoption 
and compliance activities.
    ECPA section 304(d)(3) provides that a local government may 
be eligible for Federal support by meeting the certification 
requirements of subsections (b) and (c).
    ECPA section 304(e) and (f) direct the Secretary to provide 
technical assistance to States and Indian tribes to implement 
the requirements of this section.
    ECPA section 304(g) directs the Secretary to provide 
technical and financial support for Stretch Codes and Advanced 
Standards.
    ECPA section 304(h) authorizes studies of code 
improvements.
    ECPA section 304(i) states that notwithstanding any other 
purpose of this section, any model building code or standard 
established in this section shall not be binding on a state 
established on a State, local government, or Indian tribe as a 
matter of Federal law.
    ECPA section 304(j) authorizes appropriations of 
$200,000,000 to carry out the section.
    Section 101(b) amends section 303 of the Energy 
Conservation and Production Act to add definitions of ``IECC'' 
(the International Energy Conservation Code) and ``Indian 
Tribe,'' which is given the same meaning given the term in 
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996.

Subtitle B--Worker training and capacity building

    Section 111 directs the Secretary to establish Building 
Training and Assessment Centers at institutions of higher 
learning, modeled after the Department of Energy's Industrial 
Assessment Centers. These centers would identify and promote 
opportunities, concepts, and technologies for enhancing 
building energy and environmental performance. They would train 
engineers, architects, building scientists, building permitting 
and enforcement officials, and technicians; assist other 
institutions to train building technicians; promote research 
and development in clean energy technologies for buildings; and 
coordinate services with technical training centers, community 
colleges, and other relevant offices and institutions.

                 TITLE II--BUILDING EFFICIENCY FINANCE

    Section 201 amends Title XVII of the Energy Policy Act of 
2005 by adding a new Building Retrofit Financing Program. This 
program would provide credit guarantees to reduce financing 
risk for commercial and institutional building energy 
efficiency projects. The range of financing mechanisms that 
could be supported by this program would be very broad and 
would include loans, power purchase agreements, energy service 
agreements (e.g., energy service performance contracts), 
property-assessed clean energy bonds or similar tax assessment-
based programs, and aggregate on-meter agreements. $400 million 
would be authorized to be appropriated for the period of fiscal 
years 2012-2021, and would remain available until expended.

          TITLE III--INDUSTRIAL EFFICIENCY AND COMPETITIVENESS

Subtitle A--Manufacturing energy efficiency

    Section 301 directs the Secretary to carry out a revolving 
loan program under which loans are provided to commercial and 
industrial manufacturers to implement commercially available 
technologies or processes that reduce energy intensity and 
improve the industrial competitiveness of the United States. 
The Secretary would provide grants to eligible lenders to pay 
part of the cost of revolving loan programs to enable 
commercial and industrial manufacturers to adopt commercially 
available technologies. Eligible lenders must be community and 
economic development lenders that lead a partnership that 
includes a state government agency and a private provider of 
capital. Federal funds for an eligible lender will be capped at 
$100,000,000 for any fiscal year, and must be cost matched by 
non-Federal funds at least dollar-for-dollar.
    Section 302 directs the Secretary to establish 
collaborative research and development partnerships, as 
appropriate, with other research and development programs in 
the Department. Such research shall support the use of 
innovative manufacturing processes and applied research for new 
technologies and processes to improve efficiency, reduce waste, 
and improve industrial cost-competitiveness.
    Section 303(a) directs the Secretary to begin an assessment 
of commercially available, cost-competitive energy efficiency 
technologies that are not widely implemented within the United 
States for following energy intensive industries: steel, 
aluminum, forest and paper products, food processing, metal 
casting, glass, chemicals, petroleum refining, cement, 
information and communication, and other energy intensive 
industries (as determined by the Secretary).
    Section 303(b) directs the Secretary to publish a report 
based on the assessment in subsection (a) and in collaboration 
with the affected energy-intensive industries, not later than 1 
year after the date of enactment of this Act. The report shall 
include estimates of the benefits of adopting the cost-
competitive technologies, comparisons with other appropriate 
countries, recommendations on creating jobs, and energy 
savings.
    Section 304 amends section 452 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17111). Subsection (a) 
amends the section heading.
    Section 304(b) adds a definition of the term ``Energy 
Service Provider'' to EISA section 452(a).
    Section 304(c) directs the Secretary through the Industrial 
Technologies Program and in collaboration with industry to 
establish a road mapping process for conducting industry 
specific studies on the intensity of energy use, greenhouse gas 
emissions, and operating costs.
    Section 304(d) directs the Secretary to establish Centers 
of Excellence at up to 10 industrial research and assessment 
centers (IACs). The IACs would coordinate and partner with the 
Manufacturing Extension Partnership at NIST, existing IACs, and 
DOE industrial programs. They would perform outreach to small 
and medium-sized manufacturers and identify greenhouse gas 
reduction opportunities. The Secretary shall pay the Federal 
share for internship programs under which students work for 
industries and manufacturers. Subject to availability, each 
Center would receive funding of not less than $500,000 per 
fiscal year.
    Section 305(a) amends part E of title III of the Energy 
Policy and Conservation Act (42 U.S.C. 6341) by adding a new 
section 376, which establishes a sustainable manufacturing 
initiative under the Department of Energy Industrial 
Technologies program to provide onsite technical assessments to 
manufacturers. The assessments would identify opportunities to 
maximize energy efficiency, prevent pollution, minimize waste, 
and conserve water in the manufacturing process.
    Section 306 directs the Secretary to contract with the 
National Academy of Sciences to conduct a study of the 
development of advanced manufacturing capabilities for 
improvements in supply chains. The study would analyze the 
history, current trends, and opportunities for improvements in 
supply chains. It would analyze for each technology or 
manufacturing sector the most critical parts of the supply 
chain for competitiveness, assess emerging energy technologies, 
and provide recommendations on leveraging energy efficiency and 
renewable energy user facilities.
    Section 307 directs the Secretary to establish an advisory 
steering committee including national trade associations 
representing energy-intensive industries to provide 
recommendations to the Secretary on planning and implementation 
of the Industrial Technologies Program.

Subtitle B--Supply Star

    Section 311 amends part B of title III of the Energy Policy 
and Conservation Act is amended to establish a Supply Star 
program within the Department of Energy to identify practices, 
companies, and products that use highly efficient supply 
chains. The program would promote existing efficient supply 
chain practices in a manner that conserves energy, water, and 
other resources. The program would collect and disseminate 
relevant data and metrics. The Department would share best 
practices, provide benchmarking opportunities, and support 
professional training, among other initiatives. The program 
would coordinate efforts with the Energy Star program. The 
final subsection authorizes the appropriation $10,000,000 for 
the period of fiscal years 2012 through 2021 to carry out this 
section.

Subtitle C--Electric motor rebate program

    Section 321 directs the Secretary to establish a rebate 
program to create an incentive for the purchase of new constant 
speed electric motor controls that reduce a motor's energy use 
by at least 5 percent. The rebate would be worth $25 per 
horsepower of the motor. Subsection (c) authorizes 
appropriation of $5 million for this provision for each fiscal 
year 2012 through 2016.

               TITLE IV--FEDERAL AGENCY ENERGY EFFICIENCY

    Section 401 requires Federal Agencies to develop a plan for 
adopting personal computer power savings techniques.
    Section 402 allows the Administrator of General Services to 
use appropriated funding to update plans for any project that 
has been approved by Congress and for which construction has 
not begun. The funds would be used to update the building 
design to meet energy efficiency standards established in the 
Energy Conservation and Production Act. Funds used for this 
purpose could not exceed 125 percent of the estimate energy or 
other cost savings resulting from the design changes.
    Section 403 requires Federal agencies to create an 
implementation plan, updated annually, for how each agency will 
achieve the energy conservation requirement under the National 
Energy Conservation Policy Act, including designating personnel 
responsible for achieving the requirements. The Secretary of 
Energy shall develop and issue an annual best-practices report 
on advanced metering in Federal Facilities in collaboration 
with the Secretary of Defense and the Administrator of General 
Services.
    Section 404 would, for required facilities, direct energy 
managers to use a web-based tracking system to certify 
compliance with energy and water requirements and to provide 
implementation of energy and water measures to reduce 
consumption.
    Section 405 would expand the definition of energy or water 
conservation measure in the National Energy Conservation Policy 
Act to include measures that support the use of electric 
vehicles and their necessary fueling and charging 
infrastructure as part of an energy savings contract.
    Section 406 would amend the Federal renewable purchase 
requirement in the Energy Policy Act of 2005 to include thermal 
as well as electric renewable electricity. Further, the section 
would require calculation of renewable energy production at 
Federal facilities, on Federal land, and on Indian lands and 
allow such production to count toward compliance with the 
Federal renewable purchase requirement.
    Section 407 requires the Secretary to coordinate with 
program and facility managers to conduct a feasibility study on 
government-wide data centers with the intention of closing a 
minimum of 800 Federal data centers. The Secretary shall 
provide a report to Congress on the results of the study.

                         TITLE V--MISCELLANEOUS

    Section 501 provides offsets for the authorizations in the 
bill.
    Section 502 states that the budgetary effects of the bill 
under the Statutory Pay-as-You-Go regulations shall be 
determined by the latest statement on the bill.
    Section 503 specifies that authorizations for 
appropriations shall apply only if such sums are actually 
appropriated.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1000--Energy Savings and Industrial Competitiveness Act of 2011

    Summary: S. 1000 would authorize appropriations to support 
a variety of activities aimed at promoting energy efficiency in 
certain sectors of the economy. Assuming appropriation of the 
authorized amounts, CBO estimates that implementing S. 1000 
would have a net discretionary cost of $1.2 billion over the 
2012-2016 period. S. 1000 could affect direct spending; 
therefore, pay-as-you-go procedures apply. CBO estimates, 
however, that any such effects would be insignificant in any 
given year. Enacting S. 1000 would not affect revenues.
    S. 1000 would impose an intergovernmental mandate, as 
defined in the Unfunded Mandates Reform Act (UMRA), by 
requiring states to certify to the Department of Energy (DOE) 
whether or not they have updated residential and commercial 
building codes to meet standards developed by building 
efficiency organizations. CBO estimates that the cost of that 
mandate would fall well below the annual threshold established 
in UMRA ($71 million in 2011, adjusted annually for inflation). 
The bill contains no private-sector mandates as defined in 
UMRA.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1000 is shown in the following table. 
The costs of this legislation fall within budget function 270 
(energy).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2012      2013      2014      2015      2016    2012-2016
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

New Authorizations:
    Estimated Authorization Level..................     1,080       460       451       452       453      2,896
    Estimated Outlays..............................       313       403       473       513       488      2,190
Reduced Authorizations:
    Authorization Level............................      -800      -175         0         0         0       -975
    Estimated Outlays..............................      -232      -251      -212      -165       -84       -944
    Total Proposed Changes:
        Estimated Authorization Level..............       280       285       451       452       453      1,921
        Estimated Outlays..........................        81       152       261       348       404      1,246
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: S. 1000 would have a net discretionary 
cost of $1.2 billion over the next five years, assuming 
appropriation action consistent with the bill. The bill also 
could affect direct spending, but CBO estimates that any such 
effects would not be significant in any of the next 10 years.

Spending subject to appropriation

    S. 1000 would authorize appropriations for a variety of 
programs and activities aimed at promoting energy efficiency, 
particularly within residential and commercial buildings and 
the industrial sector. The bill also would reduce several 
existing authorizations of appropriations for related 
activities. Taken as a whole, CBO estimates that implementing 
S. 1000 would have a net discretionary cost of $1.2 billion 
over the 2012-2016 period.
    New Authorizations. S. 1000 would specifically authorize 
appropriations totaling $2.7 billion over the 2012-2016 period 
for DOE to carry out a variety of activities directed toward 
improving the energy efficiency of buildings and industrial 
systems. That specified amount includes:
           $2 billion for grants to nonfederal lenders 
        to support efforts by industrial and commercial 
        manufacturers to improve their energy efficiency;
           $400 million to cover the federal 
        government's cost of providing certain types of credit 
        support for projects to upgrade the energy efficiency 
        of existing buildings that are privately owned;
           $200 million to establish national 
        construction codes related to the energy efficiency of 
        residential and commercial buildings and to provide 
        technical assistance related to such codes;
           $20 million to provide rebates to purchasers 
        of certain energy-efficient transformers and devices 
        that reduce energy consumed by motors;
           $20 million for grants and other incentives 
        to improve the efficiency of processes involved in the 
        production and distribution of products; and
           $10 million for onsite assessments of the 
        energy efficiency of manufacturing processes.
    In addition, CBO estimates that implementing other 
provisions of S. 1000 that direct DOE to expand ongoing efforts 
by DOE and the General Services Administration (GSA) related to 
building technologies and industrial energy efficiency would 
require appropriations totaling $256 million over the 2012-2016 
period. Most of that amount would be used by GSA to update 
building designs and implement projects to meet certain energy-
efficiency requirements.
    In total, assuming appropriation of amounts specified and 
estimated to be necessary, CBO estimates that implementing S. 
1000 would have a gross cost of almost $2.2 billion over the 
2012-2016 period, with additional outlays occurring in later 
years. That estimate is based on historical spending patterns 
for activities similar to those authorized under S. 1000.
    Reduced Authorizations. To offset a portion of increased 
discretionary spending, S. 1000 would reduce some existing 
authorizations of appropriations for DOE programs to support a 
variety of grants, incentives, and initiatives related to 
industrial energy efficiency and building technologies. In 
total, S. 1000 would reduce amounts authorized to be 
appropriated by $975 million over the 2012-2013 period. 
Assuming future appropriations are reduced accordingly, CBO 
estimates that implementing S. 1000 would result in $944 
million less in discretionary spending for those programs over 
the 2012-2016 period.

Direct spending

    S. 1000 would amend title 17 of the Energy Policy Act of 
2005 (title 17), which authorizes DOE to guarantee loans for 
certain types of energy projects. Specifically, the bill would 
authorize DOE to provide various forms of credit enhancements 
to support projects to install certain types of energy-
efficient or renewable energy technologies in private and 
public buildings--including federal buildings. (Credit 
enhancements are actions that improve the credit worthiness of 
a project.) The bill does not define the types of credit 
enhancements that DOE could provide. Any transactions related 
to issuing or guaranteeing debt would be subject to provisions 
of the Federal Credit Reform Act (FCRA) that would prohibit DOE 
from making any obligations without an up-front appropriation 
to cover the subsidy cost of such arrangements. For purposes of 
this estimate, CBO assumes that any spending for other forms of 
credit enhancements--for example, grants or payments to project 
sponsors--would also be subject to appropriation.
    CBO also estimates, however, that implementing the proposed 
program could affect direct spending in two ways. First, S. 
1000 would authorize DOE to proceed with loan guarantees in 
cases where borrowers pay upfront fees to cover anticipated 
subsidy costs. Normally, DOE's authority to guarantee such 
loans would be subject to limits specified in annual 
appropriation acts; however, previously enacted appropriation 
laws have already authorized DOE to guarantee loans under title 
17. CBO does not expect all of that authority to be used by 
existing programs over the 10-year period covered by this 
estimate; therefore, a portion of it could be used to guarantee 
loans under S. 1000. Any resulting net change in the timing of 
outlays stemming from existing authority would be considered 
direct spending. However, based on information from DOE about 
the relatively small amount of loan volume remaining--$400 
million--CBO estimates that any change in direct spending 
resulting from the subsidy cost of using that authority would 
be insignificant.
    Finally, CBO expects that authorizing DOE to provide credit 
enhancements could result in a marginal increase in federal 
agencies' use of certain types of contracts and agreements that 
support energy-efficiency projects. Under current law, federal 
agencies have a variety of long-term contracting tools--
including energy savings performance contracts, power purchase 
agreements, and enhanced-use leases--that support projects 
undertaken by nonfederal parties. In some cases, the added 
benefit of federal credit enhancements provided under S. 1000 
could improve the economic viability of marginal projects, 
increasing the probability that they proceed. In those cases, 
CBO expects that credit enhancements provided under S. 1000 
could result in an increased use of agencies' underlying 
contracting authorities, which are considered a form of direct 
spending. CBO estimates, however, that any additional direct 
spending stemming from such marginal changes in agencies' 
behavior would be insignificant in any year.
    Pay-As-You-Go considerations: Enacting S. 1000 could 
increase direct spending; therefore, pay-as-you-go procedures 
apply. CBO estimates, however, that any such effects would be 
insignificant in each year and over the next 10 years.
    Estimated impact on State, local, and tribal governments: 
S. 1000 would impose an intergovernmental mandate, as defined 
in UMRA, by requiring states to certify to DOE whether or not 
they have updated residential and commercial building codes to 
meet standards developed by building efficiency organizations. 
Because the mandate cost would just be the cost to provide that 
certification (regardless of whether building codes are 
updated), CBO estimates that the cost of that mandate would 
fall well below the annual threshold established in UMRA ($71 
million in 2011, adjusted annually for inflation).
    Estimated impact on the private sector: This bill contains 
no private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal costs: Megan Carroll, 
Kathleen Gramp, and Matthew Pickford; Impact on State, local, 
and tribal governments: Ryan Miller; Impact on the private 
sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      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. 1000.
    S. 1000 directs the Secretary of Energy to support the 
development of national model building energy codes and 
encourage and support States and Indian tribes to adopt 
building codes that meet or exceed the national model building 
energy codes. But the measure does not require individuals or 
businesses to comply with the national model codes.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    S. 1000 requires States and Indian tribes to certify their 
compliance or progress toward meeting the national model 
building energy codes, and imposes various reporting and data 
collecting requirements on the Secretary of Energy and federal 
energy managers. The Secretary may also require applicants for 
loans and rebates established under the measure to provide such 
information as the Secretary may require to implement those 
programs, but the Committee does not expect the bill's 
information collecting requirements to impose substantial 
additional paperwork or recordkeeping burdens, in either time 
or financial cost, on private individuals or businesses.

                   Congressionally Directed Spending

    S. 1000, 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 
June 6, 2011 Full Committee hearing on S. 1000 follows:

  Statement of Kathleen Hogan, Deputy Assistant Secretary for Energy 
     Efficiency, Office of Energy Efficiency and Renewable Energy, 
                          Department of Energy

    Chairman Bingaman, Ranking Member Murkowski and Members of 
the Committee, thank you for the opportunity to discuss the 
Department of Energy's (DOE's) energy efficiency and Advanced 
Vehicles Technology Programs. The Administration is still 
reviewing the Reducing Federal Energy Dollars Act of 2011 (S. 
963), the Energy Savings and Industrial Competitiveness Act of 
2011 (S. 1000), and the Alternative Fuel Vehicles 
Competitiveness and Energy Security Act of 2011 (S. 1001). 
While the Administration does not take a position at this time, 
my statement will provide you with information on work DOE is 
already doing to create jobs, build a new clean energy economy, 
and help save consumers and businesses money through improved 
energy efficiency.
    At EERE, we work to remove the barriers to the rapid 
conversion of innovative research into commercial products, 
manufacturing, and jobs. And we work with other federal, state, 
and local governments to speed the adoption of these American 
innovations. The new businesses in clean energy production, 
installation, and operation are playing a key role driving 
economic growth and job creation.
    The market for clean energy technology is growing quickly 
and many countries have mounted aggressive national efforts to 
capture market share. China, for example, has moved quickly to 
dominate the development of next generation clean energy 
products through low-cost production and investments in 
research infrastructure. As the President said, ``this is our 
generation's Sputnik moment.'' To show his clear commitment to 
our future, he has asked for a significant increase in funding 
for energy efficiency and renewable energy in the FY12 budget 
proposal, even in a budget which moves overall domestic 
discretionary spending to the lowest levels in a generation.
    To win the future, we have to be a nation that makes, 
creates, and innovates. Across the country, we are seeing 
strong evidence that the out-build and out-innovate pillars the 
Administration has put forward are paying off. In October of 
last year, for example, manufacturing posted its first twelve-
month gain in more than ten years, and has added close to 
250,000 jobs since the December 2009 low. The Administration 
continues to be optimistic about the prospects for 
manufacturing in the recovery.
    Manufacturing remains one of the most globally competitive 
economic sectors we have. It also is one of the most visible 
economic sectors we have, with middle-class Americans clearly 
understanding the impact that strengthened manufacturing has on 
their lives and their communities.
    The challenges we face mean that we need to move with 
unprecedented speed and scale. Success is measured by private 
innovation and investment but can begin with well-crafted 
federal programs that will help achieve a number of important 
goals:
           A vigorous and profitable residential and 
        commercial building retrofit industry, cost-effectively 
        saving 30-50 percent of the energy used in existing 
        buildings;
           Solar energy, offshore wind energy, and 
        geothermal plants fully competitive with conventional 
        sources of electricity;
           Fuels that can be drop-in replacements for 
        gasoline, diesel fuel, or jet fuel priced competitively 
        with products produced from petroleum;
           Large fleets of electric and hybrid cars 
        supported by a network of charging stations to support 
        them; and
           Trucks with over 50% improvement in fuel 
        economy.
    Small federal investments have led to major breakthroughs 
like the invention of the internet and Global Positioning 
Systems or ``GPS'' found in most cellular devices today. 
Similarly, EERE investments past, present, and future are 
critical to achieving these goals. As one example, in 2009, the 
U.S. had only two, relatively small, factories manufacturing 
advanced vehicle batteries, and produced less than two percent 
of the world's hybrid vehicle batteries.\1\ But over the next 
few years, thanks to investments from the American Recovery and 
Reinvestment Act of 2009 (Recovery Act) in battery and electric 
drive component manufacturing, and electric drive demonstration 
and infrastructure, the U.S. will be able to produce enough 
batteries and components to support 500,000 plug-in and 
electric vehicles per year. High volume manufacturing, coupled 
with battery technology advances, design optimization, and 
material cost reductions, could lead to a drop in battery costs 
of 50 percent by 2013 compared to 2009, which will lower the 
cost of electric vehicles, making them accessible to more 
consumers.
---------------------------------------------------------------------------
    \1\http://www.whitehouse.gov/sites/default/files/
blueprint_secure_energy_future.pdf
---------------------------------------------------------------------------
    These kinds of breakthroughs are especially important in 
the transportation sector, which alone accounts for 
approximately two-thirds of the United States' oil consumption 
and contributes to one-third of the Nation's greenhouse gas 
(GHG) emissions.\2\ After housing, transportation is the second 
biggest monthly expense for most American families.\3\ As the 
President said in his recent energy speech, ``In an economy 
that relies so heavily on oil, rising prices at the pump affect 
everybody.'' Emphasizing that ``there are no quick fixes,'' the 
President outlined a portfolio of actions which, taken 
together, could cut U.S. oil imports by a third by 2025.
---------------------------------------------------------------------------
    \2\http://www1.eere.energy.gov/vehiclesandfuels/pdfs/
vehicles_fs.pdf
    \3\http://www.bls.gov/news.release/cesan.nr0.htm
---------------------------------------------------------------------------
    The draft legislation being addressed today focuses on 
three areas:
           Clean energy in the Federal sector
           Energy efficiency in the industrial sector 
        and building codes
           Alternative fuel vehicles
    General comments are provided on each of these three areas, 
but the Department has no comments on the specific content of 
the legislation, as these bills are currently under review by 
the Administration.

                   clean energy in the federal sector

    Constructing and operating Federal facilities in a 
sustainable manner has numerous well-documented benefits, 
including:
           Saving taxpayer dollars through optimized 
        life-cycle cost-effective actions;
           Enhancing employee productivity through the 
        provision of safe, healthy and environmentally 
        appealing workplaces;
           Reducing environmental impacts through 
        decreased energy, water, and materials use; and
           Moving the overall market conditions toward 
        higher performance, through the Federal demand for 
        sustainable facilities.
    These benefits are sizable, in part, due to the size of the 
Federal Government. The Federal Government is estimated to use 
about 1.6 percent of the Nation's total energy, occupy nearly 
500,000 buildings, operate more than 600,000 vehicles, and 
purchase more than $500 billion per year in goods and services.
    The Federal government is making substantial progress 
toward its sustainability goals mandated in EPAct 2005, EISA 
2007, and Executive Order 13514, signed by President Obama in 
October, 2009. For example, in FY 2010, the Federal Government 
reported a 15 percent decrease in site-delivered Btu per square 
foot compared with baseline year 2003. This meets the EISA 
statutory reduction goal for FY 2010.
    FY 2010 was also the highest level year to date for the use 
of Energy Savings Performance Contracting with these contacts 
totaling more than $560 million in investment in Federal 
facilities. This type of performance-based contracting is 
extremely important to meeting the Federal sustainability goals 
due to the pressures on Federal appropriations and increasing 
goals for reduced energy intensity, energy savings goals that 
increase to 30% by 2015.
    In FY 2010, Federal agencies also reported purchasing or 
producing renewable electric energy representing 5.2 percent of 
the Federal Government's electricity use, achieving the EPAct 
2005 goal of five percent. This more than doubled renewable 
energy use as a percentage of total facility electricity use 
since 2003. The five percent goal remains in place until FY 
2013, when it will increase to 7.5 percent under current 
statute. Not counted in this metric is the significant amount 
of non-electric renewable energy produced and purchased by the 
Government that displaces the need for additional electric 
generation. This includes thermal energy, such as solar hot 
water and space heating, geothermal energy, steam from biomass, 
and landfill methane.
    DOE is also making progress to improve the transparency of 
Federal building energy efficiency, as required under EISA 
2007, Section 432. DOE expects to have a web-based system that 
provides information on the energy efficiency of metered 
buildings and on the cost-effective improvement opportunities 
that exist in Federal facilities publicly available by Fall 
2011.

     energy efficiency in the industrial sector and building codes

    The Energy Savings and Industrial Competitiveness Act (S. 
1000) outlines new provisions for building codes, appliance 
standards, and industrial energy efficiency among other areas.
    Energy-conserving appliance standards are one of the 
significant steps the Administration has taken to save energy 
in homes and businesses nationwide, and pave the way toward a 
clean energy future for our country.\4\ Since January 2009, the 
Department of Energy has finalized new efficiency standards for 
more than twenty household and commercial products, which are 
projected to cumulatively save consumers between $250 billion 
and $300 billion over the next 20 years.\5\ These standards can 
provide an immediate and economically responsible way to 
increase the nation's energy security while protecting the 
environment. Improvements in energy efficiency can be made 
today to yield significant near-term and long-term economic and 
environmental benefits for the nation.\6\
---------------------------------------------------------------------------
    \4\http://www.whitehouse.gov/issues/energy-and-environment
    \5\http://www.energy.gov/news/9582.htm
    \6\See, for example: McKinsey and Company (2007). Reducing U.S. 
Greenhouse Gas Emissions: How Much at What Cost? (http://www.epa.gov/
cleanenergy/documents/suca/cost-effectiveness.pdf) and Lazard 
Associates. Feb. 2009. Levelized Cost of Energy Analysis Version 3.0.
---------------------------------------------------------------------------
    In 2007, Congress recognized the importance of negotiated 
consensus standards, amending the Energy Policy and 
Conservation Act (EPCA) to allow for an expedited rulemaking 
process in the event a representative group of stakeholders 
could reach agreement. Several DOE rules currently under 
development and review overlap with the proposed consensus 
standards. Although the agency cannot presuppose the level of 
the final standards, it is seriously considering these 
consensus recommendations. The agency's preliminary analyses 
accompanying the proposed rules for these standards suggest 
that the potential net benefits from these recommended levels 
could yield tens of billions of dollars in fuel savings and 
lower greenhouse gas emissions.
    U.S. industry accounts for about one-third of U.S. energy 
use while contributing to about 12% of U.S. Gross Domestic 
Product.\7\ Improving industrial energy efficiency will result 
in saving money and enhancing U.S. competitiveness in the 
world's manufacturing sector. By partnering with the private 
sector, DOE has already managed to save more than 9.3 
quadrillion Btu of energy and reduced carbon emissions by over 
206 million metric tons.
---------------------------------------------------------------------------
    \7\http://www1.eere.energy.gov/industry/about/pdfs/
itp_program_fact_sheet.pdf
---------------------------------------------------------------------------
    Supply chain energy efforts can make an important 
contribution to overall industrial efficiency and the 
competitive position of domestic suppliers. Analysis suggests 
that a large part of the carbon footprint for many consumer 
products can be attributed to the supply chain--from raw 
materials, transport, and packaging to the energy consumed in 
manufacturing processes--on the order of 40 to 60 percent. DOE 
and the Environmental Protection Agency (EPA) both have 
existing initiatives that address supply chain efficiency, such 
as Save Energy Now' at DOE and ENERGY STAR. For 
example, through its national Save Energy Now' 
initiative, DOE encourages manufacturing companies to engage 
their supply chains in energy and carbon management, while at 
EPA, ENERGY STAR has engaged whole industries to support their 
customers and supply chains in building effective energy 
management programs. Specifically, DOE and EPA develop 
processes and resources to assist companies in promoting energy 
management to their industrial suppliers and customers. Save 
Energy Now' LEADER Companies make a voluntary 
commitment to reduce their energy intensity by 25 percent in 10 
years. Many of these companies are interested in improving the 
efficiency of their supply chains as well. ENERGY STAR boasts a 
growing group of corporations that have used ENERGY STAR to 
influence key suppliers to effectively manage energy.
    DOE is also working with Superior Energy Performance (SEP), 
a voluntary certification program helping to provide industrial 
facilities with a roadmap for achieving continual improvement 
in energy efficiency while maintaining competitiveness. A 
central element of SEP is implementation of the International 
Organization for Standardization (ISO) 50001 energy management 
standard, with additional requirements to achieve and document 
energy intensity improvements. DOE is working through SEP to 
bring ISO 50001 to the U.S. Upon its publication this American 
National Standards Institute-accredited program is anticipated 
to provide companies with a framework for fostering energy 
efficiency at the plant level and a consistent methodology for 
measuring and validating energy efficiency and intensity 
improvements. This new framework has the opportunity to be an 
important tool to integrate into supply chain efforts.

                       alternative fuel vehicles

    Few technologies hold greater promise for reducing our 
dependence on oil than alternative fuel vehicles. The 
Administration has set a goal to have the United States become 
the first country with a million electric vehicles on the road. 
Meeting this goal will help the United States become a leader 
in the clean energy economy, while capitalizing on the 
ingenuity of American industry. Manufacturing products needed 
for the clean energy economy will generate long term economic 
strength in the U.S., creating jobs across the country while 
reducing air pollution and greenhouse gas emissions. The 
Administration supports the goal of utilizing alternative fuel 
technologies to break our dependence on oil and to move toward 
a clean energy future. The DOE looks forward to working with 
Congress to achieve these objectives.
    DOE's Vehicle Technologies Program is helping the Nation 
lead the way in alternative fuel vehicle innovation. DOE has 
helped reduce the cost of PHEV Lithium Ion batteries to $650 
per kilowatt-hour, a 35% reduction from the 2008 baseline of 
$1,000 per kilowatt-hour. This is making oil alternatives 
competitive in general while specifically increasing U.S. 
competitiveness in the global market.

                               conclusion

    In conclusion, the Department of Energy thanks the 
Subcommittee for the opportunity to comment on these proposed 
initiatives. We look forward to working with Congress to 
develop strong, effective clean energy policy to ensure U.S. 
leadership on these global issues and in the clean energy 
economy. I am happy to answer any questions Committee Members 
may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1000, as ordered 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):

                         TABLE OF LAWS AFFECTED

                        Energy Conservation and Production Act
                        Energy Policy Act of 2005
                        Energy Policy and Conservation Act
                        Energy Independence and Security Act of 
                        2007
                        Title 404--Public Buildings, Property, 
                        and Works
                        National Energy Conservation Policy Act

                 ENERGY CONSERVATION AND PRODUCTION ACT

                     Public Law 94-385, as Amended

AN ACT To amend the Federal Energy Administration Act of 1974 to extend 
the duration of authorities under such Act; to provide an incentive for 
   domestic production; to provide for electric utility rate design 
   initiatives; to provide for energy conservation standards for new 
 buildings; to provide for energy conservation assistance for existing 
buildings and industrial plants; and for other purposes.

           *       *       *       *       *       *       *

       TITLE III--ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS

                              DEFINITIONS

    Sec. 303. As used in this title:
          (1) The term ``Administrator'' means the 
        Administrator of the Federal Energy Administration; 
        except that after such Administration ceases to exist, 
        such term means any officer of the United States 
        designated by the President for purposes of this title.

           *       *       *       *       *       *       *

          (16) The term ``ASHRAE'' means the American Society 
        of Heating, Refrigerating, and Air-Conditioning 
        Engineers.
          (17) IECC.--The term ``IECC'' means the International 
        Energy Conservation Code.
          (18) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Native 
        American Housing Assistance and Self-Determination Act 
        of 1996 (25 U.S.C. 4103).

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

    [(a) Consideration and Determination Respecting Residential 
Building Energy Codes.--(1) Not later than 2 years after the 
date of the enactment o the Energy Policy Act of 1992, each 
State shall certify to the Secretary that it has reviewed the 
provisions of its residential building code regarding energy 
efficiency and made a determination as to whether it is 
appropriate for such State to revise such residential building 
code provisions to meet or exceed CABO Model Energy Code, 1992.
    [(2) The determination referred to in paragraph (1) shall 
be--
          [(A) made after public notice and hearing;
          [(B) in writing;
          [(C) based upon findings included in such 
        determination and upon the evidence presented at the 
        hearing; and
          [(D) available to the public.
    [(3) Each State may, to the extent consistent with 
otherwise applicable State law, revise the provisions of its 
residential building code regarding energy efficiency to meet 
or exceed CABO Model Energy Code, 1992, or may decline to make 
such revisions.
    [(4) If a State makes a determination under paragraph (1) 
that it is not appropriate for such State to revise its 
residential building code, such State shall submit to the 
Secretary, in writing, the reasons for such determination, and 
such statement shall be available to the public.
    [(5)(A) Whenever CABO Model Energy Code, 1992, (or any 
successor of such code) is revised, the Secretary shall, not 
later than 12 months after such revision, determine whether 
such revision would improve energy efficiency in residential 
buildings. The Secretary shall publish notice of such 
determination in the Federal Register.
    [(B) If the Secretary makes an affirmative determination 
under subparagraph (A), each State shall, not later than 2 
years after the date of the publication of such determination, 
certify that it has reviewed the provisions of its residential 
building code regarding energy efficiency and made a 
determination as to whether it is appropriate for such State to 
revise such residential building code provisions to meet or 
exceed the revised code for which the Secretary made such 
determination.
    [(C) Paragraphs (2), (3), and (4) shall apply to any 
determination made under subparagraph (B).
    [(b) Certification of Commercial Building Energy Code 
Updates.--(1) Not later 2 years after the date of the enactment 
of the Energy Policy Act of 1992, each State shall certify to 
the Secretary that it has reviewed and updated the provisions 
of its commercial building code regarding energy efficiency. 
Such certification shall include a demonstration that such 
State's code provisions meet or exceed the requirements of 
ASHRAE Standard 90.1-1989.
    [(2)(A) Whenever the provisions of ASHRAE Standard 90.1-
1989 (or any successor standard) regarding energy efficiency in 
commercial buildings are revised, the Secretary shall, not 
later than 12 months after the date of such revision, determine 
whether such revision will improve energy efficiency in 
commercial buildings. The Secretary shall publish a notice of 
such determination in the Federal Register.
    [(B)(i) If the Secretary makes an affirmative determination 
under subparagraph (A), each State shall, not later than 2 
years after the date of the publication of such determination, 
certify that it has reviewed and updated the provisions of its 
commercial building code regarding energy efficiency in 
accordance with the revised standard for which such 
determination was made. Such certification shall include a 
demonstration that the provisions of such State's commercial 
building code regarding energy efficiency meet or exceed such 
revised standard.
    [(ii) If the Secretary makes a determination under 
subparagraph (A) that such revised standard will not improve 
energy efficiency in commercial buildings, State commercial 
building code provisions regarding energy efficiency shall meet 
or exceed ASHRAE Standard 90.1-1989, or if such standard has 
been revised, the last revised standard for which the Secretary 
has made an affirmative determination under subparagraph (A).
    [(c) Extensions.--The Secretary shall permit extensions of 
the deadlines for the certification requirements under 
subsections (a) and (b) if a State can demonstrate that it has 
made a good faith effort to comply with such requirements and 
that it has made significant progress in doing so.
    [(d) Technical Assistance.--The Secretary shall provide 
technical assistance to States to implement the requirements of 
this section, and to improve and implement State residential 
and commercial building energy efficiency codes or to otherwise 
promote the design and construction of energy efficient 
buildings.
    [(e) Availability of Incentive Funding.--(1) The Secretary 
shall provide incentive funding to States to implement the 
requirements of this section, and to improve and implement 
State residential and commercial building energy efficiency 
codes, including increasing and verifying compliance with such 
codes. In determining whether, and in what amount, to provide 
incentive funding under this subsection, the Secretary shall 
consider the actions proposed by the State to implement the 
requirements of this section, to improve and implement 
residential and commercial building energy efficiency codes, 
and to promote building energy efficiency through the use of 
such codes.
    [(2) Additional funding shall be provided under this 
subsection for implementation of a plan to achieve and document 
at least a 90 percent rate of compliance with residential and 
commercial building energy efficiency codes, based on energy 
performance--
          [(A) to a State that has adopted and is implementing, 
        on a statewide basis--
                  [(i) a residential building energy efficiency 
                code that meets or exceeds the requirements of 
                the 2004 International Energy Conservation 
                Code, or any succeeding version of that code 
                that has received an affirmative determination 
                from the Secretary under subsection (a)(5)(A); 
                and
                  [(ii) a commercial building energy efficiency 
                code that meets or exceeds the requirements of 
                the ASHRAE Standard 90.1-2004, or any 
                succeeding version of that standard that has 
                received an affirmative determination from the 
                Secretary under subsection (b)(2)(A); or
          [(B) in a State in which there is no statewide energy 
        code either for residential buildings or for commercial 
        buildings, to a local government that has adopted and 
        is implementing residential and commercial building 
        energy efficiency codes, as described in subparagraph 
        (A).
    [(3) Of the amounts made available under this subsection, 
the Secretary may use $500,000 for each fiscal year to train 
State and local officials to implement codes described in 
paragraph (2).
    [(4)(A) There are authorized to be appropriated to carry 
out this subsection--
          [(i) $25,000,000 for each of fiscal years 2006 
        through 2010; and
          [(ii) such sums as are necessary for fiscal year 2011 
        and each fiscal year thereafter.
    [(B) Funding provided to States under paragraph (2) for 
each fiscal year shall not exceed one-half of the excess of 
funding under this subsection over $5,000,000 for the fiscal 
year.]

SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

    (a) Updating National Model Building Energy Codes.--
          (1) In general.--The Secretary shall--
                  (A) support the development of national model 
                building energy codes, including the updating 
                of ASHRAE and IECC model building energy codes 
                and standards;
                  (B) encourage and support the adoption of 
                building energy codes by States, Indian tribes, 
                and, as appropriate, by local governments that 
                meet or exceed the national model building 
                energy codes, or achieve equivalent or greater 
                energy savings; and
                  (C) support full compliance with the State 
                and local codes.
          (2) Targets.--
                  (A) In general.--The Secretary shall support 
                the updating of the national model building 
                energy codes for residential buildings and 
                commercial buildings to enable the achievement 
                of energy savings targets established under 
                subparagraph (B).
                  (B) Targets.--
                          (i) In general.--The Secretary shall 
                        work with State, Indian tribes, local 
                        governments, nationally recognized code 
                        and standards developers, and other 
                        interested parties to support the 
                        updating of national model building 
                        energy codes by establishing 1 or more 
                        aggregate energy savings targets to 
                        achieve the purposes of this section.
                          (ii) Separate targets.--The Secretary 
                        may establish separate targets for 
                        commercial and residential buildings.
                          (iii) Baselines.--The baseline for 
                        updating national model codes shall be 
                        the 2009 IECC for residential buildings 
                        and ASHRAE Standard 90.1-2010 for 
                        commercial buildings.
                          (iv) Specific years.--
                                  (I) In general.--Targets for 
                                specific years shall be 
                                established and revised by the 
                                Secretary through rulemaking 
                                and coordinated with nationally 
                                recognized code and standards 
                                developers at a level that--
                                          (aa) is at the 
                                        maximum level of energy 
                                        efficiency that is 
                                        technologically 
                                        feasible and lifecycle 
                                        cost effective, while 
                                        accounting for the 
                                        economic considerations 
                                        under subparagraph (D);
                                          (bb) is higher than 
                                        the preceding target; 
                                        and
                                          (cc) promotes the 
                                        achievement of 
                                        commercial and 
                                        residential high-
                                        performance buildings 
                                        through high 
                                        performance energy 
                                        efficiency (within the 
                                        meaning of section 401 
                                        of the Energy 
                                        Independence and 
                                        Security Act of 2007 
                                        (42 U.S.C. 17061)).
                                  (II) Initial targets.--Not 
                                later than 1 year after the 
                                date of enactment of this 
                                clause, the Secretary shall 
                                establish initial targets under 
                                this subparagraph.
                                  (III) Different target 
                                years.--Subject to subclause 
                                (I), prior to the applicable 
                                year, the Secretary may set a 
                                different target year for any 
                                of model codes described in 
                                clause (i) if the Secretary 
                                determines that a higher target 
                                cannot be met.
                                  (IV) Small business.--When 
                                establishing targets under this 
                                subparagraph through 
                                rulemaking, the Secretary shall 
                                ensure compliance with the 
                                Small Business Regulatory 
                                Enforcement Fairness Act of 
                                1996 (5 U.S.C. 601 note; Public 
                                Law 104-121).
                  (C) Appliance standards and other factors 
                affecting building energy use.--In establishing 
                building code targets under subparagraph (B), 
                the Secretary shall develop and adjust the 
                targets in recognition of potential savings and 
                costs relating to--
                          (i) efficiency gains made in 
                        appliances, lighting, windows, 
                        insulation, and building envelope 
                        sealing;
                          (ii) advancement of distributed 
                        generation and on-site renewable power 
                        generation technologies;
                          (iii) equipment improvements for 
                        heating, cooling, and ventilation 
                        systems;
                          (iv) building management systems and 
                        SmartGrid technologies to reduce energy 
                        use; and
                          (v) other technologies, practices, 
                        and building systems that the Secretary 
                        considers appropriate regarding 
                        building plug load--and other energy 
                        uses.
                  (D) Economic considerations.--In establishing 
                and revising building code targets under 
                subparagraph (B), the Secretary shall consider 
                the economic feasibility of achieving the 
                proposed targets established under this section 
                and the potential costs and savings for 
                consumers and building owners, including a 
                return on investment analysis.
          (3) Technical assistance to model codesetting and 
        standard development organizations.--
                  (A) In general--The Secretary shall, on a 
                timely basis, provide technical assistance to 
                model code-setting and standard development 
                organizations.
                  (B) Assistance.--The assistance shall 
                include, as requested by the organizations, 
                technical assistance in--
                          (i) evaluating code or standards 
                        proposals or revisions;
                          (ii) building energy analysis and 
                        design tools;
                          (iii) building demonstrations;
                          (iv) developing definitions of energy 
                        use intensity and building types for 
                        use in model codes and standards or in 
                        evaluating the efficiency impacts of 
                        the codes and standards;
                          (v) performance-based standards;
                          (vi) evaluating economic 
                        considerations under paragraph (2)(D); 
                        and
                          (vii) developing model codes by 
                        Indian tribes in accordance with tribal 
                        law.
                  (C) Amendment proposals.--The Secretary may 
                submit timely code and standard amendment 
                proposals to the model code-setting and 
                standard development organizations, with 
                supporting evidence, sufficient to enable the 
                model building energy codes and standards to 
                meet the targets established under paragraph 
                (2)(B).
                  (D) Analysis methodology.--The Secretary 
                shall make publicly available the entire 
                calculation methodology (including input 
                assumptions and data) used by the Secretary to 
                estimate the energy savings of code or standard 
                proposals and revisions.
          (4) Determination and establishment.--
                  (A) Revision of model building codes and 
                standards.--If the provisions of the IECC or 
                ASHRAE Standard 90.1 regarding building energy 
                use are revised, the Secretary shall make a 
                preliminary determination not later than 90 
                days after the date of the revision, and a 
                final determination not later than 1 year after 
                the date of the revision, on whether the 
                revision will--
                          (i) improve energy efficiency in 
                        buildings compared to the existing 
                        national model building energy code; 
                        and
                          (ii) meet the applicable targets 
                        under paragraph (2)(B).
                  (B) Codes or standards not meeting targets.--
                          (i) In general.--If the Secretary 
                        makes a preliminary determination under 
                        subparagraph (A)(ii) that a code or 
                        standard does not meet the targets 
                        established under paragraph (2)(B), the 
                        Secretary may at the same time provide 
                        the model code or standard developer 
                        with proposed changes that would result 
                        in a model code that meets the targets 
                        and with supporting evidence, taking 
                        into consideration--
                                  (I) whether the modified code 
                                is technically feasible and 
                                life-cycle cost effective;
                                  (II) available appliances, 
                                technologies, materials, and 
                                construction practices; and
                                  (III) the economic 
                                considerations under paragraph 
                                (2)(D).
                          (ii) Incorporation of changes.--
                                  (I) In general.--On receipt 
                                of the proposed changes, the 
                                model code or standard 
                                developer shall have an 
                                additional 180 days to 
                                incorporate changes into the 
                                model code or standard.
                                  (II) Final determination.--A 
                                final determination under 
                                subparagraph (A) shall be on 
                                the modified model code or 
                                standard.
                  (C) Positive determinations.--If the 
                Secretary makes positive final determinations 
                under clauses (i) and (ii) of subparagraph (A) 
                or under clause (i) of subparagraph (A) if the 
                applicable target has not been established, the 
                revised IECC or ASHRAE Standard 90.1 shall be 
                established as the relevant national model 
                building energy code.
                  (D) Establishment by secretary.--
                          (i) In general.--If the Secretary 
                        makes a negative final determination 
                        under subparagraph (A)(ii), the 
                        Secretary shall at the same time 
                        establish a modified national model 
                        building energy code.
                          (ii) Codes or standards not 
                        updated.--If the IECC or ASHRAE 
                        Standard 90.1 is not revised by a 
                        target date under paragraph (2), the 
                        Secretary shall, not later than 90 days 
                        after the target date, issue a draft 
                        of, and not later than 1 year after the 
                        target date, establish, a modified 
                        national model building energy code.
                          (iii) Requirements.--Any national 
                        model building energy code established 
                        under this subparagraph shall--
                                  (I) meet the targets 
                                established under paragraph 
                                (2);
                                  (II) achieve the maximum 
                                level of energy savings that is 
                                technologically feasible and 
                                life-cycle cost-effective, 
                                while accounting for the 
                                economic considerations under 
                                paragraph (2)(D);
                                  (III) be based on the latest 
                                edition of the IECC or ASHRAE 
                                Standard 90.1, including any 
                                subsequent amendments, addenda, 
                                or additions, but may also 
                                consider other model codes or 
                                standards; and
                                  (IV) observe and protect the 
                                intellectual property rights of 
                                nationally recognized code and 
                                standards developers.
          (5) Administration.--In carrying out this section, 
        the Secretary shall--
                  (A) publish notice of targets, 
                determinations, and national model building 
                energy codes under this section in the Federal 
                Register to provide an explanation of and the 
                basis for such actions, including any 
                supporting modeling, data, assumptions, 
                protocols, and cost-benefit analysis, including 
                return on investment; and
                  (B) provide an opportunity for public comment 
                on targets, determinations, and national model 
                building energy codes under this section.
    (b) State and Indian Tribe Certification of Building Energy 
Code Updates.--
          (1) Review and updating of codes by each state and 
        indian tribe.--
                  (A) In general.--Not later than 2 years after 
                the date on which a national model building 
                energy code is established or revised under 
                subsection (a), each State and Indian tribe 
                shall certify whether or not the State and 
                Indian tribe, respectively, has reviewed and 
                updated the energy provisions of the building 
                code of the State and Indian tribe, 
                respectively.
                  (B) Demonstration.--The certification shall 
                include a demonstration of whether or not the 
                code provisions that are in effect throughout 
                the State and Indian tribe--
                          (i) meet or exceed the revised model 
                        code; or
                          (ii) achieve equivalent or greater 
                        energy savings.
                  (C) No model code update.--If the Secretary 
                fails to revise a national model building 
                energy code by the date specified in subsection 
                (a)(4), each State and Indian tribe shall, not 
                later than 2 years after the specified date, 
                certify whether or not the State and Indian 
                tribe, respectively, has reviewed and updated 
                the energy provisions of the building code of 
                the State and Indian tribe, respectively, to 
                meet or exceed the target in subsection (a)(2).
          (2) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under 
        paragraph (1), the Secretary shall--
                  (A) determine whether the code provisions of 
                the State or Indian tribe, respectively, meet 
                the criteria specified in paragraph (1); and
                  (B) if the determination is positive, 
                validate the certification.
    (c) Improvements in Compliance With Building Energy 
Codes.--
          (1) Requirement.--
                  (A) In general.--Not later than 3 years after 
                the date of a certification under subsection 
                (b), each State and Indian tribe shall certify 
                whether or not the State and Indian tribe, 
                respectively, has--
                          (i) achieved full compliance under 
                        paragraph (3) with the applicable 
                        certified State and Indian tribe 
                        building energy code or with the 
                        associated national model building 
                        energy code; or
                          (ii) made significant progress under 
                        paragraph 4 toward achieving compliance 
                        with the applicable certified State and 
                        Indian tribe building energy code or 
                        with the associated national model 
                        building energy code.
                  (B) Repeat certifications.--If the State or 
                Indian tribe certifies progress toward 
                achieving compliance, the State or Indian tribe 
                shall repeat the certification until the State 
                or Indian tribe certifies that the State or 
                Indian tribe has achieved full compliance, 
                respectively.
          (2) Measurement of compliance.--A certification under 
        paragraph (1) shall include documentation of the rate 
        of compliance based on--
                  (A) independent inspections of a random 
                sample of the buildings covered by the code in 
                the preceding year; or
                  (B) an alternative method that yields an 
                accurate measure of compliance.
          (3) Achievement of compliance.--A state or Indian 
        tribe shall be considered to achieve full compliance 
        under paragraph (1) if--
                  (A) at least 90 percent of building space 
                covered by the code in the preceding year 
                substantially meets all the requirements of the 
                applicable code specified in paragraph (1), or 
                achieves equivalent or greater energy savings 
                level; or
                  (B) the estimated excess energy use of 
                buildings that did not meet the applicable code 
                specified in paragraph (1) in the preceding 
                year, compared to a baseline of comparable 
                buildings that meet this code, is not more than 
                5 percent of the estimated energy use of all 
                buildings covered by this code during the 
                preceding year.
          (4) Significant progress toward achievement of 
        compliance.--A State or Indian tribe shall be 
        considered to have made significant progress toward 
        achieving compliance for purposes of paragraph (1) if 
        the State or Indian tribe--
                  (A) has developed and is implementing a plan 
                for achieving compliance during the 8-year 
                period beginning on the date of enactment of 
                this paragraph, including annual targets for 
                compliance and active training and enforcement 
                programs; and
                  (B) has met the most recent target under 
                subparagraph (A).
          (5) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under 
        paragraph (1), the Secretary shall--
                  (A) determine whether the State or Indian 
                tribe has demonstrated meeting the criteria of 
                this subsection, including accurate measurement 
                of compliance; and
                  (B) if the determination is positive, 
                validate the certification.
    (d) States or Indian Tribes That Do Not Meet Targets.--
           (1) Reporting.--A State or Indian tribe that has not 
        made a certification required under subsection (b) or 
        (c) by the applicable deadline shall submit to the 
        Secretary a report on--
                  (A) the status of the State or Indian tribe 
                with respect to meeting the requirements and 
                submitting the certification; and
                  (B) a plan for meeting the requirements and 
                submitting the certification.
          (2) Federal support.--Any State or Indian tribe for 
        which the Secretary has not accepted a certification by 
        a deadline under subsection (b) or (c) may be 
        ineligible for Federal support authorized under this 
        section for code adoption and compliance activities.
          (3) Local government.--In any State or Indian tribe 
        for which the Secretary has not accepted a 
        certification under subsection (b) or (c), a local 
        government may be eligible for Federal support by 
        meeting the certification requirements of subsections 
        (b) and (c).
          (4) Annual reports by secretary.--
                  (A) In general.--The Secretary shall annually 
                submit to Congress and publish in the Federal 
                Register, a report on--
                          (i) the status of national model 
                        building energy codes;
                          (ii) the status of code adoption and 
                        compliance in the States and Indian 
                        tribes;
                          (iii) implementation of this section; 
                        and
                          (iv) improvements in energy savings 
                        over time as a result of the targets 
                        established under subsection (a)(2)(B).
                  (B) Impacts.--The report shall include 
                estimates of impacts of past action under this 
                section, and potential impacts of further 
                action, on--
                          (i) upfront financial and 
                        construction costs, cost benefits and 
                        returns (using investment analysis), 
                        and lifetime energy use for buildings;
                          (ii) resulting energy costs to 
                        individuals and businesses; and
                          (iii) resulting overall annual 
                        building ownership and operating costs.
    (e) Technical Assistance to States and Indian Tribes.--The 
Secretary shall provide technical assistance to States and 
Indian tribes to implement the requirements of this section, 
including procedures and technical analysis for States and 
Indian tribes--
          (1) to demonstrate that the code provisions of the 
        States and Indian tribes achieve equivalent or greater 
        energy savings than the national model building energy 
        codes;
          (2) to document the rate of compliance with a 
        building energy code; and
          (3) to improve and implement State residential and 
        commercial building energy codes or otherwise promote 
        the design and construction of energy efficient 
        buildings.
    (f) Availability of Incentive Funding.--
          (1) In general.--The Secretary shall provide 
        incentive funding to States and Indian tribes--
                  (A) to implement the requirements of this 
                section;
                  (B) to improve and implement residential and 
                commercial building energy codes, including 
                increasing and verifying compliance with the 
                codes and training of State, tribal, and local 
                building code officials to implement and 
                enforce the codes; and
                  (C) to promote building energy efficiency 
                through the use of the codes.
          (2) Additional funding.--Additional funding shall be 
        provided under this subsection for implementation of a 
        plan to achieve and document full compliance with 
        residential and commercial building energy codes under 
        subsection (c)--
                  (A) to a State or Indian tribe for which the 
                Secretary has accepted a certification under 
                subsection (b) or (c); and
                  (B) in a State or Indian tribe that is not 
                eligible under subparagraph (A), to a local 
                government that is ineligible under this 
                section.
          (3) Training.--Of the amounts made available under 
        this subsection, the State may use amounts required, 
        but not to exceed $750,000 for a State, to train State 
        and local building code officials to implement and 
        enforce codes described in paragraph (2).
          (4) Local governments.--States may share grants under 
        this subsection with local governments that implement 
        and enforce the codes.
    (g) Stretch Codes and Advance Standards--
          (1) In general.--The Secretary shall provide 
        technical and financial support for the development of 
        stretch codes and advanced standards for residential 
        and commercial buildings for use as--
                  (A) an option for adoption as a building 
                energy code by local, tribal, or State 
                governments; and
                  (B) guidelines for energy-efficient building 
                design.
          (2) Targets.--The stretch codes and advanced 
        standards shall be designed--
                  (A) to achieve substantial energy savings 
                compared to the national model building energy 
                codes; and
                  (B) to meet targets under subsection (a)(2), 
                if available, at least 3 to 6 years in advance 
                of the target years.
    (h) Studies.--The Secretary, in consultation with building 
science experts from the National Laboratories and institutions 
of higher education, designers and builders of energy-efficient 
residential and commercial buildings, code officials, and other 
stakeholders, shall undertake a study of the feasibility, 
impact, economics, and merit of--
          (1) code improvements that would require that 
        buildings be designed, sited, and constructed in a 
        manner that makes the buildings more adaptable in the 
        future to become zero-net-energy after initial 
        construction, as advances are achieved in energy-saving 
        technologies;
          (2) code procedures to incorporate measured 
        lifetimes, not just first-year energy use, in trade-
        offs and performance calculations; and
          (3) legislative options for increasing energy savings 
        from building energy codes, including additional 
        incentives for effective State and local action, and 
        verification of compliance with and enforcement of a 
        code other than by a State or local government.
    (i) Voluntary Codes and Standards.--Nothwithstanding any 
other provision of this section, any model building code or 
standard established under this section shall not be binding on 
a State, local government, or Indian tribe.
    (j) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $200,000,000, to 
remain available until expended.

           *       *       *       *       *       *       *

[SEC. 307. SUPPORT FOR VOLUNTARY BUILDING ENERGY CODES.

    [(a) In General.--Not later than 1 year after the date of 
the enactment of the Energy Policy Act of 1992, the Secretary, 
after consulting with the Secretary of Housing and Urban 
Development, the Secretary of Veterans Affairs, other 
appropriate Federal agencies, CABO, ASHRAE, the National 
Conference of States on Building Codes and Standards, and 
another appropriate building codes and standards organization, 
shall support the upgrading of voluntary building energy codes 
for new residential and commercial buildings. Such support 
shall include--
          [(1) a compilation of data and other information 
        regarding building energy efficiency standards and 
        codes in the possession of the Federal Government, 
        State and local governments, and industry 
        organizations:
          [(2) assistance in improving the technical basis for 
        such standards and codes;
          [(3) assistance in determining the cost-effectiveness 
        and the technical feasibility of the energy efficiency 
        measures included in such standards and codes; and
          [(4) assistance in identifying appropriate measures 
        with regard to radon and other indoor air pollutants.
    [(b) Review.--The Secretary shall periodically review the 
technical and economic basis of voluntary building energy codes 
and, based upon ongoing research activities--
          [(1) recommend amendments to such codes including 
        measures with regard to radon and other indoor air 
        pollutants;
          [(2) seek adoption of all technologically feasible 
        and economically justified energy efficiency measures; 
        and
          [(3) otherwise participate in any industry process 
        for review and modification of codes.]

           *       *       *       *       *       *       *

                       ENERGY POLICY ACT OF 2005

   AN ACT To ensure jobs for our future with secure, affordable, and 
reliable energy.

           *       *       *       *       *       *       *

                       TITLE II--RENEWABLE ENERGY

Subtitle A--General Provision

           *       *       *       *       *       *       *

SEC. 203. FEDERAL PURCHASE REQUIREMENT.

    (a) Requirement.--The President, acting through the 
Secretary, shall seek to ensure that, to the extent 
economically feasible and technically practicable, of the total 
amount of [electric energy] electric and thermal energy the 
Federal Government consumes during any fiscal year, the 
following amounts shall be renewable energy:
          (1) Not less than 3 percent in fiscal years 2007 
        through 2009.
          (2) Not less than 5 percent in fiscal years 2010 
        through 2012.
          (3) Not less than 7.5 percent in fiscal year 2013 and 
        each fiscal year thereafter.
    (b) Definitions.--In this section:

           *       *       *       *       *       *       *

          (2) Renewable energy.--The term ``renewable energy'' 
        means [electric energy] electric and thermal energy 
        generated from solar, wind, biomass, landfill gas, 
        ocean (including tidal, wave, current, and thermal), 
        geothermal, municipal solid waste, or new 
        hydreoelectric generation capacity achieved from 
        increased efficiency or additions of new capacity at an 
        existing hydroelectric project.

           *       *       *       *       *       *       *

    (c) Calculation.--For purposes of determining compliance 
with the requirement of this section, the amount of renewable 
energy shall be doubled if--
          (1) the renewable energy is produced and used on-site 
        at a Federal facility;
          (2) the renewable energy is produced on Federal lands 
        and used at a Federal facility; or
          (3) the renewable energy is produced on Indian land 
        as defined in title XXVI or the Energy Policy Act of 
        1992 (25 U.S.C. 3501 et seq.) and used at a Federal 
        facility.
    (d) Separate Calculation.--Renewable energy produced at a 
Federal facility, on Federal land, or on Indian land (as 
defined in section 2601 of the Energy Policy Act of 1992 (25 
U.S.C. 3501))--
          (1) shall be calculated separately from renewable 
        energy used; and
          (2) may be used individually or in combination to 
        comply with subsection (a).
    [(d)] (e) Report.--Not later than April 15, 2007, and every 
2 years thereafter, the Secretary shall provide a report to 
Congress on the progress of the Federal Government in meeting 
the goals established by this section.

           *       *       *       *       *       *       *

TITLE XVII--INCENTIVES FOR INNOVATIVE TECHNOLOGIES

           *       *       *       *       *       *       *

SEC. 1706. BUILDING RETROFIT FINANCING PROGRAM.

    (a) Definitions.--In this section:
          (1) Credit support.--The term ``credit support'' 
        means a guarantee or commitment to issue a guarantee or 
        other forms of credit enhancement to ameliorate risks 
        for efficiency obligations.
          (2) Efficiency obligation.--The term ``efficiency 
        obligation'' means a debt or repayment obligation 
        incurred in connection with financing a project, or a 
        portfolio of such debt or payment obligations.
          (3) Project.--The term ``project'' means the 
        installation and implementation of efficiency, advanced 
        metering, distributed generation, or renewable energy 
        technologies and measures in a building (or in multiple 
        buildings on a given property) that are expected to 
        increase the energy efficiency of the building 
        (including fixtures) in accordance with criteria 
        established by the Secretary.
    (b) Eligible Projects.--
          (1) In general.--Notwithstanding sections 1703 and 
        1705, the Secretary may provide credit support under 
        this section, in accordance with section 1702.
          (2) Inclusions.--Buildings eligible for credit 
        support under this section include commercial, 
        multifamily residential, industrial, municipal, 
        government, institution of higher education, school, 
        and hospital facilities that satisfy criteria 
        established by the Secretary.
    (c) Guidelines.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this section, the Secretary 
        shall--
                  (A) establish guidelines for credit support 
                provided under this section; and
                  (B) publish the guidelines in the Federal 
                Register; and
                  (C) provide for an opportunity for public 
                comment on the guidelines.
          (2) Requirements.--The guidelines established by the 
        Secretary under this subsection shall include--
                  (A) standards for assessing the energy 
                savings that could reasonably be expected to 
                result from a project;
                  (B) examples of financing mechanisms (and 
                portfolios of such financing mechanisms) that 
                qualify as efficiency obligations;
                  (C) the threshold levels of energy savings 
                that a project, at the time of issuance of 
                credit support, shall be reasonably expected to 
                achieve to be eligible for credit support;
                  (D) the eligibility criteria the Secretary 
                determines to be necessary for making credit 
                support available under this section; and
                  (E) notwithstanding subsections (d)(3) and 
                (g)(2)(B) of section 1702, any lien priority 
                requirements that the Secretary determines to 
                be necessary, in consultation with tip Director 
                of the Office of Management and Budget, which 
                may include--
                          (i) mechanisms to preserve prior lien 
                        positions of mortgage lenders and other 
                        creditors in buildings eligible for 
                        credit support;
                          (ii) remedies available to the 
                        Secretary under chapter 176 of title 
                        28, United States Code, in the event of 
                        default on the efficiency obligation by 
                        the borrower; and
                          (iii) measures to limit the exposure 
                        of the Secretary to financial risk in 
                        the event of default, such as--
                                  (I) the collection of a 
                                credit subsidy fee from the 
                                borrower as a loan loss 
                                reserve, taking into account 
                                the limitation on credit 
                                support under subsection (d);
                                  (II) minimum debt-to-income 
                                levels of the borrower;
                                  (III) minimum levels of value 
                                relative to outstanding 
                                mortgage or other debt on a 
                                building eligible for credit 
                                support;
                                  (IV) allowable thresholds for 
                                the percent of the efficiency 
                                obligation relative to the 
                                amount of any mortgage or other 
                                debt on an eligible building;
                                  (V) analysis of historic and 
                                anticipated occupancy levels 
                                and rental income of an 
                                eligible building;
                                  (VI) requirements of third-
                                party contractors to guarantee 
                                energy savings that will result 
                                from a retrofit project, and 
                                whether financing on the 
                                efficiency obligation will 
                                amortize from the energy 
                                savings;
                                  (VII) requirements that the 
                                retrofit project incorporate 
                                protocols to measure and 
                                verify, energy savings; and
                                  (VIII) recovery of payments 
                                equally by the Secretary and 
                                the retrofit.
          (3) Efficiency obligations.--The financing mechanisms 
        qualified by the Secretary under paragraph(2)(B) may 
        include--
                  (A) loans, including loans made by the 
                Federal Financing Bank;
                  (B) power purchase agreements, including 
                energy efficiency power purchase agreements;
                  (C) energy services agreements, including 
                energy performance contracts;
                  (D) property assessed clean energy bonds and 
                other tax assessment-based financing 
                mechanisms;
                  (E) aggregate on-meter agreements that 
                finance retrofit projects; and
                  (F) any other efficiency obligations the 
                Secretary determines to be appropriate.
          (4) Priorities.--In carrying out this section, the 
        Secretary shall prioritize--
                  (A) the maximization of energy savings with 
                the available credit support funding;
                  (B) the establishment of a clear application 
                and approval process that allows private 
                building owners, lenders, and investors to 
                reasonably expect to receive credit support for 
                projects that conform to guidelines;
                  (C) the distribution of projects receiving 
                credit support under this section across States 
                or geographical regions of the United States; 
                and
                  (D) projects designed to achieve whole 
                building retrofits.
    (d) Limitation.--Notwithstanding section 1702(c), the 
Secretary shall not issue credit support under this section in 
an amount that exceeds--
          (1) 90 percent of the principal amount of the 
        efficiency obligation that is the subject of the credit 
        support; or
          (2) $10,000,000 for any single project.
    (e) Aggregation of Projects.--To the extent provided in the 
guidelines developed in accordance with subsection (c), the 
Secretary may issue credit support on a portfolio, or pool of 
projects, that are not required to be geographically 
contiguous, if each efficiency obligation in the pool fulfills 
the requirements described in this section.
    (f) Application.--
          (1) In general.--To be eligible to receive credit 
        support under this section, the applicant shall submit 
        to the Secretary an application at such time, in such 
        manner, and containing such information as the 
        Secretary determines to be necessary.
          (2) Contents.--An application submitted under this 
        section shall include assurances by the applicant 
        that--
                  (A) each contractor carrying out the project 
                meets minimum experience level criteria, 
                including local retrofit experience, as 
                determined by the Secretary;
                  (B) the project is reasonably expected to 
                achieve energy savings, as set forth in the 
                application using any methodology that meets 
                the standards described in the program 
                guidelines;
                  (C) the project meets any technical criteria 
                described in the program guidelines;
                  (D) the recipient of the credit support and 
                the parties to the efficiency obligation will 
                provide the Secretary with--
                          (i) any information the Secretary 
                        requests to assess the energy savings 
                        that result from the project, including 
                        historical energy usage data, a 
                        simulation-based benchmark, and 
                        detailed descriptions of the building 
                        work, as described in the program 
                        guidelines; and
                          (ii) permission to access information 
                        relating to building operations and 
                        usage for the period described in the 
                        program guidelines; and
                  (E) any other assurances that the Secretary 
                determines to be necessary.
          (3) Determination.--Not later than 90 days after 
        receiving an application, the Secretary shall make a 
        final determination on the application, which may 
        include requests for additional information.
    (g) Fees.--
          (1) In general.--In addition to the fees required by 
        section 1702(h)(1), the Secretary may charge reasonable 
        fees for credit support provided under this section.
          (2) Availability.--Fees collected under this section 
        shall be subject to section 170(h)(2).
    (h) Underwriting.--The Secretary may delegate the 
underwriting activities under this section to 1 or more 
entities that the Secretary determines to be qualified.
    (i) Report.--Not later than 1 year after commencement of 
the program, the Secretary shall submit to the appropriate 
committees of Congress a report that describes in reasonable 
detail--
          (1) the manner in which this section is being carried 
        out;
          (2) the number and type of projects supported;
          (3) the types of funding mechanisms used to provide 
        credit support to projects;
          (4) the energy savings expected to result from 
        projects supported by this section;
          (5) any tracking efforts the Secretary is using to 
        calculate the actual energy savings produced by the 
        projects; and
          (6) any plans to improve the tracking efforts 
        described in paragraph (5).
    (j) Funding.--
          (1) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary to carry 
        out this section $400,000,000 for the period of fiscal 
        years 2012 through 2021, to remain available until 
        expended.
          (2) Administrative costs.--Not more than 1 percent of 
        any amounts made available to the Secretary under 
        paragraph (1) may be used by the Secretary for 
        administrative costs incurred in carrying out this 
        section.

           *       *       *       *       *       *       *

                   ENERGY POLICY AND CONSERVATION ACT

                     Public Law 94-163, as amended

   AN ACT TO increase domestic energy supplies and availability; to 
  restrain energy demand; to prepare for energy emergencies; and for 
other purposes.

           *       *       *       *       *       *       *

TABLE OF CONTENTS

           *       *       *       *       *       *       *

                 TITLE III--IMPROVING ENERGY EFFICIENCY

     * * * * * * *

                  PART E--INDUSTRIAL ENERGY EFFICIENCY

Sec. 371. Definitions.
Sec. 372. Survey and Registry.
Sec. 373. Waste energy recovery incentive grant program.
Sec. 374. Additional incentives for recovery, utilization and prevention 
          of industrial waste energy.
Sec. 375. Clean Energy Application Centers.
Sec. 376. Sustainable manufacturing initiative.
     * * * * * * *

TITLE III--IMPROVING ENERGY EFFICIENCY

           *       *       *       *       *       *       *

 PART B--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER THAN 
AUTOMOBILES

           *       *       *       *       *       *       *

SEC. 324A. ENERGY STAR PROGRAM.

    (a) In General.--There is established within the Department 
of Energy and the Environmental Protection Agency a voluntary 
program to identify and promote energy-efficient products and 
buildings in order to reduce energy consumption, improve energy 
security, and reduce pollution through voluntary labeling of, 
or other forms of communication about, products and buildings 
that meet the highest energy conservation standards.

           *       *       *       *       *       *       *

SEC. 324B. SUPPLY STAR PROGRAM.

    (a) In General.--There is established within the Department 
of Energy a Supply Star program to identify and promote 
practices, recognize companies, and, as appropriate, recognize 
products that use highly efficient supply chains in a manner 
that conserves energy, water, and other resources.
    (b) Coordination.--In carrying out the program described in 
subsection (a), the Secretary shall--
          (1) consult with other appropriate agencies; and
          (2) coordinate efforts with the Energy Star program 
        established under section 324A.
    (c) Duties.--In carrying out the Supply Star program 
described in subsection (a), the Secretary shall--
          (1) promote practices, recognize companies, and, as 
        appropriate, recognize products that comply with the 
        Supply Star program as the preferred practices, 
        companies, and products in the marketplace for 
        maximizing supply chain efficiency;
          (2) work to enhance industry and public awareness of 
        the Supply Star program;
          (3) collect and disseminate data on supply chain 
        energy resource consumption;
          (4) develop and disseminate metrics, processes, and 
        analytical tools (including software) for evaluating 
        supply chain energy resource use;
          (5) develop guidance at the sector level for 
        improving supply chain efficiency;
          (6) work with domestic and international 
        organizations to harmonize approaches to analyzing 
        supply chain efficiency, including the development of a 
        consistent set of tools, templates, calculators, and 
        databases; and
          (7) work with industry, including small businesses, 
        to improve supply chain efficiency through activities 
        that include--
                  (A) developing and sharing best practices; 
                and
                  (B) providing opportunities to benchmark 
                supply chain efficiency.
    (d) Evaluation.--In any evaluation of supply chain 
efficiency carried out by the Secretary with respect to a 
specific product, the Secretary shall consider energy 
consumption and resource use throughout the entire lifecycle of 
a product, including production, transport, packaging, use, and 
disposal.
    (e) Grants and Incentives.--
          (1) In general.--The Secretary may award grants or 
        other forms of incentives on a competitive basis to 
        eligible entities, as determined by the Secretary, for 
        the purposes of--
                  (A) studying supply chain energy resource 
                efficiency; and
                  (B) demonstrating and achieving reductions in 
                the energy resource consumption of commercial 
                products through changes and improvements to 
                the production supply and distribution chain of 
                the products.
          (2) Use of information.--Any information or data 
        generated as a result of the grants or incentives 
        described in paragraph (1) shall be used to inform the 
        development of the Supply Star Program.
    (f) Training.--The Secretary shall use funds to support 
professional training programs to develop and communicate 
methods, practices, and tools for improving supply chain 
efficiency.
    (g) Effect of Impact on Climate Change.--For purposes of 
this section, the impact on climate change shall not be a 
factor in determining supply chain efficiency.
    (h) Effect of Outsourcing of American Jobs.--For purposes 
of this section, the outsourcing of American jobs in the 
production of a product shall not count as a positive factor in 
determining supply chain efficiency.
    (i) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $10,000,000 for 
the period of fiscal years 2012 through 2021.

           *       *       *       *       *       *       *

PART E--INDUSTRIAL ENERGY EFFICIENCY

           *       *       *       *       *       *       *

SEC. 373. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM.

           *       *       *       *       *       *       *

    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary--
          (1) to make grants to projects and utilities under 
        subsection (b)--
                  [(A) $100,000,000 for fiscal year 2008 and 
                $200,000,000 for each of fiscal years 2009 
                through 2012; and]
                  (A) $100,000 000 for fiscal year 2008;
                  (B) $200,000,000 for each of fiscal years 
                2009 and 2010;
                  (C) $100,000,000 for each of fiscal years 
                2011 and 2012; and
                  [(B)] (D) such additional amounts for fiscal 
                year 2008 and each fiscal year thereafter as 
                may be necessary for administration of the 
                waste energy recovery incentive grant program; 
                and

           *       *       *       *       *       *       *

SEC. 375. ENERGY APPLICATION CENTERS.

           *       *       *       *       *       *       *

SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.

    (a) In General.--As part of the Industrial Technologies 
Program of the Department of Energy, the Secretary shall carry 
out a sustainable manufacturing initiative under which the 
Secretary, on the request of a manufacturer, shall conduct 
onsite technical assessments to identify opportunities for--
          (1) maximizing the energy efficiency of industrial 
        processes and crosscutting systems;
          (2) preventing pollution and minimizing waste;
          (3) improving efficient use of water in manufacturing 
        processes;
          (4) conserving natural resources; and
          (5) achieving such other goals as the Secretary 
        determines to be appropriate.
    (b) Coordination.--The Secretary shall carry out the 
initiative in coordination with the private sector and 
appropriate agencies, including the National Institute of 
Standards and Technology to accelerate adoption of new and 
existing technologies or processes that improve energy 
efficiency.
    (c) Research and Development Program for Sustainable 
Manufacturing and Industrial Technologies and Processes.--As 
part of the Industrial Technologies Program of the Department 
of Energy, the Secretary shall carry out a joint industry-
government partnership program to research, develop, and 
demonstrate new sustainable manufacturing and industrial 
technologies and processes that maximize the energy efficiency 
of industrial systems, reduce pollution, and conserve natural 
resources.
    (d) Authorization of Appropriations.--There is authorized 
to be to carry out this section $10,000,00 for the period of 
fiscal years 2012 through 2021.

           *       *       *       *       *       *       *

SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND LOANS FOR 
                    INSTITUTIONS AND INDUSTRY.

           *       *       *       *       *       *       *

    (g) Loans for Energy Efficiency Improvement and Energy 
Sustainability.--
          (1) In general.--Subject to the availability of 
        appropriated funds, the Secretary shall provide loans 
        to institutional entities for the purpose of 
        implementing energy efficiency improvements and 
        sustainable energy infrastructure.

           *       *       *       *       *       *       *

    (h) State Partnership Industrial Energy Efficiency 
Revolving Loan Program.--
          (1) In general.--The Secretary shall carry out a 
        program under which the Secretary shall provide grants 
        to eligible lenders to pay the Federal share of 
        creating a revolving loan program under which loans are 
        provided to commercial and industrial manufacturers to 
        implement commercially available technologies or 
        processes that significantly--
                  (A) reduce systems energy intensity, 
                including the use of energy-intensive 
                feedstocks; and
                  (B) improve the industrial competitiveness of 
                the United States.
          (2) Eligible lenders.--To be eligible to receive 
        cost-matched Federal funds under this subsection, a 
        lender shall--
                  (A) be a community and economic development 
                lender that the Secretary certifies meets the 
                requirements of this subsection;
                  (B) lead a partnership that includes 
                participation by, at a minimum--
                          (i) a State government agency; and
                          (ii) a private financial institution 
                        or other provider of loan capital;
                  (C) submit an application to the Secretary, 
                and receive the approval of the Secretary, for 
                cost-matched Federal funds to carry out a loan 
                program described in paragraph (1); and
                  (D) ensure that non-Federal funds are 
                provided to match, on at least a dollar-for-
                dollar basis, the amount of Federal funds that 
                are provided to carry out a revolving loan 
                program described in paragraph (1).
          (3) Award.--The amount of cost-matched Federal funds 
        provided to an eligible lender shall not exceed 
        $100,000,000 for any fiscal year.
          (4) Recapture of awards.--
                  (A) In general.--An eligible lender that 
                receives an award under paragraph (1) shall be 
                required to repay to the Secretary an amount of 
                cost-match Federal funds, as determined by the 
                Secretary under subparagraph (B), if the 
                eligible lender is unable or unwilling to 
                operate a program described in this subsection 
                for a period of not less than 10 years 
                beginning on the date on which the eligible 
                lender first receives funds made available 
                through the award.
                  (B) Determination by secretary.--The 
                Secretary shall determine the amount of cost-
                match Federal funds that an eligible lender 
                shall be required to repay to the Secretary 
                under subparagraph (A) based on the 
                consideration by the Secretary of--
                          (i) the amount of non-Federal funds 
                        matched by the eligible lender;
                          (ii) the amount of loan losses 
                        incurred by the revolving loan program 
                        described in paragraph (1); and
                          (iii) any other appropriate factor, 
                        as determined by the Secretary.
                  (C) Use of recaptured cost-match federal 
                funds.--The Secretary may distribute to 
                eligible lenders under this subsection each 
                amount received by the Secretary under this 
                paragraph.
          (5) Eligible projects.--A program for which cost-
        matched Federal funds are provided under this 
        subsection shall be designed to accelerate the 
        implementation of industrial and commercial 
        applications of technologies or processes (including 
        distributed generation, applications or technologies 
        that use sensors, meters, software, and information 
        networks, controls, and drives or that have been 
        installed pursuant to an energy savings performance 
        contract, project, or strategy) that--
                  (A) improve energy efficiency, including 
                improvements in efficiency and use of water, 
                power factor, or load management;
                  (B) enhance the industrial competitiveness of 
                the United States; and
                  (C) achieve such other goals as the Secretary 
                determines to be appropriate.
          (6) Evaluation.--The Secretary shall evaluate 
        applications for cost-matched Federal funds under this 
        subsection on the basis of--
                  (A) the description of the program to be 
                carried out with the cost-matched Federal 
                funds:
                  (B) the commitment to provide non-Federal 
                funds in accordance with paragraph (2)(D);
                  (C) program sustainability over a 10-year 
                period.
                  (D) the capability of the applicant;
                  (E) the quantity of energy savings or energy 
                feedstock minimization;
                  (F) the advancement of the goal under this 
                Act of 25-percent energy avoidance;
                  (G) the ability to fund energy efficient 
                projects not later than 120 days after the date 
                of the grant award; and
                  (H) such other factors as the Secretary 
                determines appropriate.
          (7) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this 
        subsection, $400,000,000 for each of fiscal years 2012 
        through 2021.
    [(h)] (i) Program Procedures.--Not later than 180 days 
after the date of enactment of this section, the Secretary 
shall establish procedures for the solicitation and evaluation 
of potential projects for grant and loan funding and 
administration of the grant and loan programs.
    [(i)] (j) Authorization.--
          (1) Grants.--There is authorized to be appropriated 
        for the cost of grants authorized in subsections (b), 
        (c), and (d) $250,000,000 for each of fiscal years 2009 
        [through 2013] and 2010, $100,000,000 for each of 
        fiscal years 2011 and 2012, and $250,000,000 for fiscal 
        year 2013, of which not more than 5 percent may be used 
        for administrative expenses.
          (2) Loans.--There is authorized to be appropriated 
        for the initial cost of direct loans authorized in 
        subsection (g) $500,000,000 for each of fiscal years 
        2009 [through 2013], and 2010, $100,000,000 for each of 
        fiscal years 2011 and 2012, and $425,000,000 for fiscal 
        year 2013 of which not more than 5 percent may be used 
        for administrative expenses.

           *       *       *       *       *       *       *

              ENERGY INDEPENDENCE AND SECURITY ACT OF 2007

                           Public Law 110-140

AN ACT To move the United States toward greater energy independence and 
   security, to increase the production of clean renewable fuels, to 
 protect consumers, to increase the efficiency of products, buildings, 
and vehicles, to promote research on and deploy greenhouse gas capture 
   and storage options, and to improve the energy performance of the 
Federal Government, and for other purposes.

           *       *       *       *       *       *       *

                 TITLE IV--ENERGY SAVINGS IN BUILDING 
AND INDUSTRY

           *       *       *       *       *       *       *

Subtitle B--High-Performance Commercial Buildings

           *       *       *       *       *       *       *

SEC. 422. ZERO NET ENERGY COMMERCIAL BUILDINGS INITIATIVE.

           *       *       *       *       *       *       *

    (f) Authorization of Appropriations.--There are authorized 
to be appropriate to carry out this section--
          (1) $20,000,000 for fiscal year 2008;
          [(2) $50,000,000 for each of fiscal years 2009 and 
        2010;
          [(3) $100,000,000 for each of fiscal years 2011 and 
        2012; and
          [(4) $200,000,000 for each of fiscal years 2013 
        through 2018.]
          (2) $50,000,000 for each of fiscal years 2009 through 
        2012;
          (3) $100,000,000 for fiscal 2013; and
          (4) $200,000,000 for each of fiscal years 2014 
        through 2018.

           *       *       *       *       *       *       *

Subtitle D--Industrial Energy Efficiency

           *       *       *       *       *       *       *

SEC. 452. [ENERGY-INTENSIVE INDUSTRIES PROGRAM.] FUTURE OF INDUSTRY 
                    PROGRAM.

    (a) Definitions.--In this section:

           *       *       *       *       *       *       *

          [(3)] (4) Feedstock.--The term ``feedstock'' means 
        the raw material supplied for use in manufacturing, 
        chemical, and biological processes.
          [(4)] (5) Partnership.--The term ``partnership'' 
        means an energy efficiency partnership established 
        under subsection (c)(1)(A).
          (5) Energy service provider.--The term ``energy 
        service provider'' means any private company or similar 
        entity providing technology or services to improve 
        energy efficiency in an energy-intensive industry.
          [(5)] (6) Program.--The term ``program'' means the 
        energy-intensive industries program established under 
        subsection (b).

           *       *       *       *       *       *       *

    (c) Partnerships.--

           *       *       *       *       *       *       *

          (2) Eligible activities.--Partnership activities 
        eligible for funding under this subsection include--

           *       *       *       *       *       *       *

                  (E) the incorporation of technologies and 
                innovations that would significantly improve 
                the energy efficiency and utilization of 
                energy-intensive commercial applications; [and]
                  (F) research to establish (through the 
                Industrial Technologies Program and in 
                collaboration with energy-intensive industries) 
                a roadmap process under which--
                          (i) industry-specific studies are 
                        conducted to determine the intensity of 
                        energy use, greenhouse gas emissions, 
                        and waste and operating costs, by 
                        process and subprocess;
                          (ii) near-, and mid-, and long-term 
                        targets of opportunity are established 
                        for synergistic improvements in 
                        efficiency, sustainability, and 
                        resilience; and
                          (iii) public-private actionable plans 
                        are created to achieve roadmap goals; 
                        and
                  [(F)] (G) any other activities that the 
                Secretary determines to be appropriate.

           *       *       *       *       *       *       *

    (e) Institution of Higher Education-Based Industrial 
Research and Assessment Centers.--[The Secretary]
          (1) In general.--The Secretary shall provide funding 
        to institution of higher education-based industrial 
        research and assessment centers, whose purpose shall 
        be--
          [(1)] (A) to identify opportunities for optimizing 
        energy efficiency and environmental performance 
        including assessments of sustainable manufacturing 
        goals and the implementation of information technology 
        advancements for supply chain analysis, logistics, 
        system monitoring, industrial and manufacturing 
        processes, and other purpose;
          [(2)] (B) to promote applications of emerging 
        concepts and technologies in small- and medium-sized 
        manufacturers;
          [(3)] (C) to promote research and development for the 
        use of alternative energy sources to supply heat, 
        power, and new feedstocks for energy-intensive 
        industries;
          [(4)] (D) to coordinate with appropriate Federal and 
        State research offices, and provide a clearinghouse for 
        industrial process and energy efficiency technical 
        assistance resources; and
          [(5)] (E) to coordinate with State-accredited 
        technical training centers and community colleges, 
        while ensuring appropriate services to all regions of 
        the United States.
          (2) Centers of excellence.--
                  (A) In general.--The Secretary shall 
                establish a Center of Excellence at up to 10 of 
                the highest performing industrial research and 
                assessment centers, as determined by the 
                Secretary.
                  (B) Duties.--A Center of Excellence shall 
                coordinate with and advise the industrial 
                research and assessment centers located in the 
                region of the Center of Excellence.
                  (C) Funding.--Subject to the availability of 
                appropriations, of the funds made available 
                under subsection (f), the Secretary shall use 
                to support each Center of Excellence not less 
                than $500,000 for fiscal year 2012 and each 
                fiscal year thereafter, as determined by the 
                Secretary.
          (3) Expansion of centers.--The Secretary shall 
        provide funding to establish additional industrial 
        research assessment centers at institutions of higher 
        education that do not have industrial research and 
        assessment centers established under paragraph (1), 
        taking into account the size of and potential energy 
        efficiency savings for, the manufacturing base within 
        the region of the proposed center.
          (4) Coordination.--
                  (A) In general--To increase the value and 
                capabilities of the industrial research and 
                assessment centers, the centers shall--
                          (i) coordinate with Manufacturing 
                        Extension Partnership Centers of the 
                        National Institute of Standards and 
                        Technology;
                          (ii) coordinate with the Building 
                        Technologies Program of the Department 
                        of Energy to provide building 
                        assessment services to manufacturers;
                          (iii) increase partnerships with the 
                        National Laboratories of the Department 
                        of Energy to leverage the expertise and 
                        technologies of the National 
                        Laboratories for national industrial 
                        and manufacturing needs;
                          (iv) increase partnerships with 
                        energy service providers and technology 
                        providers to leverage private sector 
                        expertise and accelerate deployment of 
                        new and existing technologies and 
                        processes for energy efficiency, power 
                        factor, and load management;
                          (v) identify opportunities for 
                        reducing greenhouse gas emissions; and
                          (vi) promote sustainable 
                        manufacturing practices for small- and 
                        medium sized manufacturers.
          (5) Outreach.--The Secretary shall provide funding 
        for--
                  (A) outreach activities by the industrial 
                research and assessment centers to inform small 
                and medium-sized manufacturers of the 
                information, technologies, and services 
                available; and
                  (B) a full-time equivalent employee at each 
                center of excellence whose primary mission 
                shall be to coordinate and leverage the efforts 
                of the center with--
                          (i) Federal and State efforts;
                          (ii) the efforts of utilities and 
                        energy service providers;
                          (iii) the efforts of regional energy 
                        efficiency organizations; and
                          (iv) the efforts of other centers in 
                        the region of the center of excellence.
          (6) Workforce training.--
                  (A) In general.--The Secretary shall pay the 
                Federal share of associated internship programs 
                under which students work with or for 
                industries, manufacturers, and energy service 
                providers to implement the recommendations of 
                industrial research and assessment centers.
                  (B) Federal share.-- The Federal share of the 
                cost of carrying out internship programs 
                described in subparagraph (A) shall be 50 
                percent.
                  (C) Funding.--Subject to the availability of 
                appropriations, of the funds made available 
                under subsection (f), the Secretary shall use 
                to carry out this paragraph not less than 
                $5,000,000 for fiscal year 2012 and each fiscal 
                year thereafter.
          (7) Small business loans.--The Administrator of the 
        Small Business Administration shall, to the maximum 
        practicable, expedite consideration of applications 
        from eligible small business concerns for loans under 
        the Small Business Act (15 U.S.C. 631 et seq.) to 
        implement recommendations of industrial research and 
        assessment centers established under paragraph (1).
    (f) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to the Secretary to carry out this 
        section--
                  (A) $184,000,000 for fiscal year 2008;
                  (B) $190,000,000 for fiscal year 2009;
                  (C) $196,000,000 for fiscal year 2010;
                  (D) [$202,000,000] $102,000,000 for fiscal 
                year 2011;
                  (E) [$208,000,000] $108,000,000 for fiscal 
                year 2012; and
                  (F) such sums as are necessary for fiscal 
                year 2013 and each fiscal year thereafter.

           *       *       *       *       *       *       *

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

           *       *       *       *       *       *       *

                Subtitle II--Public Buildings And Works

PART A--GENERAL

           *       *       *       *       *       *       *

CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION

           *       *       *       *       *       *       *

SEC. 3307. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.

           *       *       *       *       *       *       *

    (c) Increase of Estimated Maximum Cost.--The estimated 
maximum cost of any project approved under this section as set 
forth in any prospectus may be increased by an amount equal to 
any percentage increase, as determined by the Administrator, in 
construction or alteration costs from the date the prospectus 
is transmitted to Congress. The increase authorized by this 
subsection may not exceed 10 percent of the estimated maximum 
cost.
    (d) Availability of Funds for Design Updates.--
          (1) In general.--Subject to paragraph (2), for any 
        project for which congressional approval is received 
        under subsection (a) and for which the design has been 
        substantially completed but construction has not begun, 
        the Administrator of General Services may use 
        appropriated funds to update the project design to meet 
        applicable Federal building energy efficiency standards 
        established under section 305 of the Energy 
        Conservation and Production Act (42 U.S.C. 6834) and 
        other requirements established under section 3312.
          (2) Limitation.--The use of funds under paragraph (1) 
        shall not exceed 125 percent of the estimated energy or 
        other cost savings associated with the updates as 
        determined by a life-cycle cost analysis under section 
        544 of the National Energy Conservation Policy Act (42 
        U.S.C. 8254).
    [(d)] (e) Rescission of Approval.--If an appropriation is 
not made within one year after the date a project for 
construction, alteration, or acquisition is approved under 
subsection (a), the Committee on Environment and Public Works 
of the Senate or the Committee on Transportation and 
Infrastructure of the House of Representatives by resolution 
may rescind its approval before an appropriation is made.
    [(e)] (f) Emergency Leases by the Administrator.--This 
section does not prevent the Administrator from entering into 
emergency leases during any period declared by the President to 
require emergency leasing authority. An emergency lease may not 
be for more than 180 days without approval of a prospectus for 
the lease in accordance with subsection (a).
    [(f)] (g) Minimum Performance Requirements for Leased 
Space.-- With respect to space to be leased the Administrator 
shall include, to the maximum extent practicable, minimum 
performance requirements requiring energy efficiency and the 
use of renewable energy.
    [(g)] (h) Limitation on Leasing Certain Space.--
          (1) In general.--The Administrator may not lease 
        space to accommodate any of the following if the 
        average rental cost of leasing the space will exceed 
        $1,500,000:
                  (A) Computer and telecommunications 
                operations.
                  (B) Secure or sensitive activities related to 
                the national defense or security, except when 
                it would be inappropriate to locate those 
                activities in a public building or other 
                facility identified with the Government.
                  (C) A permanent courtroom, judicial chamber, 
                or administrative office for any United States 
                court.
          (2) Exception.--The Administrator may lease space 
        with respect to which paragraph (1) applies if the 
        Administrator--
                  (A) decides, for reasons set forth in 
                writing, that leasing the space is necessary to 
                meet requirements which cannot be met in public 
                buildings; and
                  (B) submits the reasons to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives.
    [(h)] (i) Dollar Amount Adjustment.--The Administrator 
annually may adjust any dollar amount referred to in this 
section to reflect a percentage increase or decrease in 
construction costs during the prior calendar year, as 
determined by the composite index of construction costs of the 
Department of Commerce. Any adjustment shall be expeditiously 
reported to the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives.

           *       *       *       *       *       *       *

                NATIONAL ENERGY CONSERVATION POLICY ACT

                           Public Law 95-619

AN ACT For the relief of Jack R. Misner.

           *       *       *       *       *       *       *

TITLE V--FEDERAL ENERGY INITIATIVES

           *       *       *       *       *       *       *

PART B--FEDERAL ENERGY MANAGEMENT 1-1

           *       *       *       *       *       *       *

SEC. 543. ENERGY MANAGEMENT REQUIREMENTS.

           *       *       *       *       *       *       *

     (e) Metering of Energy Use.--
          (1) Deadline.--By October 1, 2012, in accordance with 
        guidelines established by the Secretary under paragraph 
        (2), all Federal buildings shall, for the purposes of 
        efficient use of energy and reduction in the cost of 
        electricity 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 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 
        tracking systems and made available to Federal facility 
        managers.

           *       *       *       *       *       *       *

          [(3) Plan.--Not later than 6 months after the date 
        guidelines are established under paragraph (2), in a 
        report submitted by the agency under section 548(a), 
        each agency shall submit to the Secretary a plan 
        describing how 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) demonstration by 
        the agency, complete with documentation, of any finding 
        that advanced meters or advanced metering devices, as 
        defined in paragraph (1), are not practicable.]
          (3) Plan.--
                  (A) In general.--Not later than 180 days 
                after the date on which guidelines are 
                established under paragraph (2), 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 requirements of paragraph (1), 
                including--
                          (i) how the agency will designate 
                        personnel primarily responsible for 
                        achieving the requirements; and
                          (ii) 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.
                  (B) Updates.--Reports submitted under 
                subparagraph (A) shall be updated annually.
          (4) Best practices report.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of the Energy 
                Savings and Industrial Competitiveness Act of 
                2011, 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 use 
                in Federal facilities, buildings, and equipment 
                by Federal agencies.
                  (B) Updating.--The report described under 
                subparagraph (A) shall be updated annually.
                  (C) 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 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.--

           *       *       *       *       *       *       *

          (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) 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).]
                  (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.

           *       *       *       *       *       *       *

    [(f)] (g) Large Capital Energy Investments.--

           *       *       *       *       *       *       *

TITLE VII--ENERGY SAVINGS PERFORMANCE CONTRACTS

           *       *       *       *       *       *       *

SEC. 804. DEFINITIONS.

    For purposes of this title, the following definitions 
apply:

           *       *       *       *       *       *       *

          (4) The term ``energy or water conservation measure'' 
        means--
                  (A) an energy conservation measure, as 
                defined in section 551; [or]
                  (B) a water conservation measure that 
                improves the efficiency of water use, is life-
                cycle cost-effective, and involves water 
                conservation, water recycling or reuse, more 
                efficient treatment of wastewater or 
                stormwater, improvements in operation or 
                maintenance efficiencies, retrofit activities, 
                or other related activities, not at a Federal 
                hydroelectric facility[.]; or
                  (C) a measure to support the use of electric 
                vehicles or the fueling or charging 
                infrastructure necessary for electric vehicles.

           *       *       *       *       *       *       *

                                  

```