U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 111th Congress 

2d Session 

REPORT

2010

111–167 

Calendar No. 335 

FEDERAL AGENCY ENERGY EFFICIENCY 

IMPROVEMENT ACT OF 2009 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 1830 

TO ESTABLISH THE CHIEF CONSERVATION OFFICERS COUNCIL TO 

IMPROVE THE ENERGY EFFICIENCY OF FEDERAL AGENCIES, 

AND FOR OTHER PURPOSES 

APRIL 12, 2010.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

ROLAND W. BURRIS, Illinois 

EDWARD E. KAUFMAN, Delaware 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

SCOTT P. BROWN, Massachusetts 

JOHN MCCAIN, Arizona 

GEORGE V. VOINOVICH, Ohio 

JOHN ENSIGN, Nevada 

LINDSEY GRAHAM, South Carolina 

MICHAEL L. ALEXANDER, Staff Director 

KEVIN J. LANDY, Chief Counsel 

TROY H. CRIBB, Counsel 

BRANDON L. MILHORN, Minority Staff Director and Chief Counsel 

LISA M. NIEMAN, Minority Counsel 

TRINA DRIESSNACK TYRER, Chief Clerk 


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Calendar No. 335 

111th Congress SENATE REPORT " ! 2d Session 111–167 

FEDERAL AGENCY ENERGY EFFICIENCY IMPROVEMENT 

ACT OF 2009 

APRIL 12, 2010.—Ordered to be printed 

Mr. LIEBERMAN, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 1830] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 1830) to establish the Chief Conservation Officers Council to improve the energy efficiency of Federal agencies, and for other purposes, having considered the same, 

reports favorably thereon with an amendment and recommends 

that the bill do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 2 

III. Legislative History ......................................................................................... 4 

IV. Section by Section Analysis .......................................................................... 5 

V. Regulatory Impact and Evaluation .............................................................. 7 

VI. Congressional Budget Office Cost Estimate ................................................ 7 

VII. Changes in Existing Law Made by the Bill, as Reported ........................... 8 

I. PURPOSE AND SUMMARY

S. 1830, the Federal Agency Energy Efficiency Improvement Act 

of 2009, seeks to make the federal government more energy efficient in its operations and to ensure accountability within executive branch agencies for meeting energy efficiency goals. The bill 

would require the head of each major federal agency to designate 

a Chief Conservation Officer and charge that officer with helping 


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1 Information on federal energy usage may be found on the FEMP web site at http:// 

www1.eere.energy.gov/femp/. See also Cutting the Federal Government’s Energy Bill: An Examination of the Sustainable Federal Government Executive Order Before the Subcommittee on Federal Financial Management, Government Information, Federal Services and International Security of the Senate Committee on Homeland Security and Governmental Affairs, 111th Cong. 

(2010) (statement of Richard Kidd, Program Manager, Federal Energy Management Program, 

Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy). 2 Id. 

3 Exec. Order No. 13423, 72 FR 3919 (2007). 

4Pub. L. 110–140, Sec. 431. 

5 U.S. Department of Energy. 2008 Federal Energy Management Program (FEMP) Market Report. Washington: GPO, 2009. 

ensure agency compliance with government energy policies, as well 

a number of other tasks aimed at making the agency more energy 

efficient. The Chief Conservation Officer would serve in the Senior 

Executive Service and would participate in the Chief Conservation 

Officers Council, a new interagency body created by the legislation. 

The legislation also includes two provisions that change government procurement policies in order to encourage the purchase of 

energy-efficient technologies. 

II. BACKGROUND AND NEED FOR THE LEGISLATION

As the largest consumer of energy in the world, the U.S. government has both the incentive and the opportunity to implement 

broad energy efficiency policies and make great use of energy-saving technologies. According to the U.S. Department of Energy’s 

Federal Energy Management Program (FEMP), the federal government consumed about 1.5 percent of the nation’s total energy in 

Fiscal Year 2008, at a cost of approximately $24.5 billion.1 Nearly 

one-third of that cost went just for the energy needed to operate 

Federal buildings.2 Reducing the Federal government’s energy 

usage thus would not only prove environmentally sound, but also 

would yield great cost savings. 

Over the last few decades, more than a dozen laws, regulations, 

and Executive Orders have sought to encourage energy efficiency 

and reduce the environmental impact of government operations. 

Unfortunately, agencies have been inconsistent in meeting their 

environmental goals. The lack of a unified effort and clear accountability has undermined the good intentions of these policies. 

Several Executive Orders, including one President Obama recently issued in October 2009, set energy reduction targets for 

agencies. In 2007, President Bush issued Executive Order 13423, 

requiring agencies to reduce their energy use.3 Specifically, the Executive Order required agencies to lower their energy consumption 

by 3 percent each year, with the goal of a 30 percent reduction 

from 2003 levels by the end of fiscal year 2015. Congress enacted 

this requirement into law in the Energy Independence and Security 

Act of 2007 (EISA).4

FEMP reported inconsistent progress by 2008, however. In fiscal 

year 2007, for example, the Environmental Protection Agency and 

the Department of the Interior were on-target to meet their reduction goals, but other agencies, including the Department of Transportation and the General Services Administration, were not.5 ‘‘Energy Management Scorecards’’ compiled annually by the Office of 

Management and Budget (OMB) reached similar conclusions, showing great variance across the Federal government, both in terms of 


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6 U.S. Office of Management and Budget. July 2009 OMB Scorecard for Energy, Transportation and Environment. Washington: OMB, 2009. http://www.fedcenter.gov/Documents/ 

index.cfm?id=13191&pge_prg_id=27544&pge_id=3286 (accessed on February 25, 2010) 7 Exec. Order No. 13514, 74 FR 52117 (2009). 

8 Exec. Order No. 13423, 72 FR 3919 (2007). 

compliance with energy efficiency laws and regulations and initiatives individual agencies have developed to reduce energy usage.6

On October 5, 2009, President Obama issued Executive Order 

13514, which seeks to establish a more integrated strategy for energy efficiency.7 The Executive Order directs each agency head to 

designate an ‘‘Agency Senior Sustainability Officer’’ from among 

the agency’s senior management officials. This provision builds on 

the 2007 Executive Order 13423, which required agencies to designate senior officers responsible for environmental, energy, and 

transportation management; the functions of these officers will now 

be performed by Agency Senior Sustainability Officers.8

The Committee believes that these positions could be strengthened and that establishing the duties of agency conservation officers in statute will foster long-term leadership on energy efficiency 

issues and create greater accountability for meeting energy reduction targets. S. 1830 therefore would require the head of each 

major federal agency to designate a Chief Conservation Officer, 

who would be a member of the career Senior Executive Service. 

The bill would require that energy efficiency and sustainability 

policies would be the primary responsibility of these officers. Dedicating a senior-level career official to energy efficiency policy at 

each agency would improve the government’s focus on implementation of existing laws and policies, enhance innovation, and help 

identify future initiatives. The Chief Conservation Officer would 

also be responsible for incorporating environmental considerations 

into agency procurement practices. This involvement would encourage efficiency improvements in agencies’ procurement of goods and 

services. 

S. 1830, like Executive Order 13514, also creates an interagency 

council of senior environmental officials, which will include each 

Chief Conservation Officer. The legislation goes further than the 

Executive Order in spelling out the duties of the council, which will 

be called the Chief Conservation Officers Council. These duties will 

include assisting agencies in developing energy baselines and goals, 

providing guidance and recommendations to agencies, and preparing annual reports. 

By requiring the head of each major federal agency to designate 

a Chief Conservation Officer, and by giving statutory backing to 

the interagency council, S. 1830 provides a mechanism to ensure 

accountability in meeting agency energy reduction targets and to 

spur long-term leadership on the issue. 

The legislation also includes two provisions that change government procurement policies in order to encourage the purchase of 

energy-efficient technologies. Specifically, the bill would allow state 

and local governments to purchase ‘‘green’’ commodities and services from the Schedules program of the General Services Administration (GSA), including building materials, office supplies, facilities maintenance and management services, and environmental 


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9 Under the GSA Federal Supply Schedules (FSS) program, also known as the GSA Schedules 

or Multiple Award Schedules program, federal agencies are able to purchase goods and services 

under contracts that are pre-negotiated by GSA. These contracts cover more than 11 million 

commercial goods and services and are listed in broad categories known as schedules. GSA prenegotiates the terms and conditions of the contract, including discounted prices. 10Federal purchase requirements that govern the procurement of energy-efficient products include the Federal Procurement of Energy Efficiency Products, Final Rule, 74 Fed. Reg. 10830 

(March 13, 2009) (to be codified at 10 CFR pt. 436). Print.; Energy Independence and Security 

Act of 2007, Pub. L. no. 110–140, 121 Stat. 1492 (2007). Print.; Energy Policy Act of 2005, Pub. 

L. no. 109–58, 119 Stat. 594 (2005). Print.; Exec. Order No. 13423, 72 FR 3919 (2007).; Exec. 

Order No. 13221, 66 FR 40571 (2001); and Energy Policy Act of 1992, Pub. L. no. 102–486, 106 

Stat. 2776 (1992). Print. 11 Under a power purchase agreement, a developer installs, owns, operates, and maintains a 

renewable energy system on agency property while the agency agrees to purchase the power 

generated by the system. The agency simply purchases the power generated by the system at 

a set price over the length of the contract. This price is typically less than what would have 

been paid to the utility without a power purchase agreement. See also Cutting the Federal Govservices.9 This procurement authority would help state and local 

governments reduce the administrative costs of negotiating their 

own contracts and will encourage greater use of green products. 

The bill would also expand the definition of renewable energy in 

Federal purchase requirements to include renewable energies other 

than electric energies. Federal purchase requirements are those 

Federal laws and regulations that govern the purchase and use of 

energy-using products.10 While Federal agencies are required to 

procure energy-efficient products, the current definition of that 

term includes only electric-based energy products, precluding agencies from taking advantage of other green energies like geo-thermal 

energy. 

The Committee has received letters of support for the legislation 

from the Professional Services Council, Coalition for Government 

Procurement, Environment Northeast (ENE), and the Environmental Defense Fund. 

III. LEGISLATIVE HISTORY

On October 21, 2009, Senators Collins, Lieberman and Carper introduced S. 1830, which was referred to the Senate Committee on 

Homeland Security and Governmental Affairs. The Committee considered the bill on December 16, 2009. The Committee adopted by 

voice vote a substitute amendment offered by Senator Collins, and 

then ordered the bill favorably reported, also by voice vote. Members present for the vote on the bill were Senators Lieberman, 

Akaka, Carper, Pryor, McCaskill, Tester, Burris, Kirk, Collins, and 

Bennett. 

The substitute amendment makes three primary changes to the 

original bill. First, the amendment adds a provision to the bill requiring the Chief Conservation Officer to consider the short- and 

long-term cost-effectiveness of each initiative before taking actions 

to increase energy efficiency. Second, the amendment clarifies information to be contained in annual reports the Chief Conservation 

Officers Council would submit to Congress and the Office of Management and Budget. Specifically, it directs the reports to include 

information about agency-by-agency energy usage and reductions, 

agency and government-wide trends in energy usage, agency and 

government-wide cost savings, and best practices and recommendations. Finally, the amendment deletes a provision of the original 

bill, which would have allowed agencies to enter into power purchase agreements for electricity produced by renewable energy 

sources under a pilot program.11 According to the Congressional 


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ernment’s Energy Bill: An Examination of the Sustainable Federal Government Executive Order 

Before the Subcomm. on Federal Financial Management, Government Information, Federal Services and International Security of the Senate Comm. on Homeland Security and Governmental 

Affairs, 111th Cong. (2010) (statement of Richard Kidd, Program Manager, Federal Energy Management Program, Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy). 12 31 U.S. Code, Sec. 901(b) (2003). 

Budget Office, this pilot program would have had significant budget implications. 

IV. SECTION-BY-SECTION SUMMARY OF THE BILL

Section 1. Short title 

The short title of the bill is the ‘‘Federal Agency Energy Efficiency Improvement Act of 2009.’’ 

Section 2. Definitions 

Section 2 defines the terms Chief Conservation Officer, Council, 

and federal agency. The term ‘‘federal agency’’ means an agency of 

the federal government, as defined by the Chief Financial Officers 

Act.12

Section 3. Chief Conservation Officers 

This section requires each agency head to designate a Chief Conservation Officer and outlines the roles and responsibilities of the 

position. The designated individual must serve in the Senior Executive Service. While the duties outlined in the legislation must be 

the individual’s primary role, the individual may serve in other capacities in the federal government and may serve as the Senior 

Sustainability Officer created in Executive Order 13514. 

The general responsibilities of the Chief Conservation Officer are 

to ensure the agency complies with each federal energy efficiency 

policy and to provide advice and other assistance to the agency 

head, as well as other applicable senior executive management personnel within the agency, to enhance the conservation efforts at the 

agency. The Chief Conservation Officer would be responsible for ensuring compliance by assessing agency performance, promoting 

best practices, providing advice and recommendations to senior 

agency officials, and exercising the other specific responsibilities 

described in this section. The bill does not give the Chief Conservation Officer statutory authority to overrule decisions of more senior 

agency officials. The bill also does not statutorily mandate energy 

efficiency policies promulgated by the Executive Branch or which 

otherwise have not been enacted into law. 

Additionally, the Chief Conservation Officer is responsible for collecting data about the energy consumption of buildings and major 

equipment owned or operated by the agency, and providing that information to the Chief Conservation Officers Council. The Chief 

Conservation Officer is responsible for developing and implementing policies that minimize the agency’s energy consumption 

and taking any additional actions to increase energy efficiency and 

maintain or increase the agency’s energy security and cost savings. 

The Chief Conservation Officer is required to coordinate with the 

agency’s Chief Information Officer in developing, facilitating, and 

maintaining the implementation of a sound energy efficiency information technology architecture, and in ensuring energy consumpVerDate Nov 24 2008 05:49 Apr 13, 2010 Jkt 089010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR167.XXX SR167

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13Pub. L. 110–140 Sec. 431 

tion is considered in the design and operation of all major information resources management processes of the agency. Before implementing any of these initiatives or policies, the Chief Conservation 

is also to consider the cost-effectiveness of doing so. 

The Chief Conservation Officer shall be responsible for the management of the energy efficiency of his or her agency. In this capacity, the Chief Conservation Officer shall monitor and evaluate the 

effectiveness of each energy efficiency program of the agency and 

advise the head of the agency on whether to continue, modify or 

terminate such programs. In addition, the Chief Conservation Officer, in conjunction with the Chief Information Officer, shall prepare 

an energy usage report that will be included in the agency’s budget 

submissions to Congress. 

Section 4. Chief Conservation Officers Council 

This section establishes a Chief Conservation Officers Council, 

which is to serve as the principal interagency forum for improving 

agencies’ practices relating to the design, acquisition, development, 

modernization, use, operation, sharing, and performance of federal 

energy efficiency efforts. The Deputy Director for Management of 

the Office of Management and Budget will serve as chairperson of 

the Council and the Program Manager will serve as Vice Chairperson. Other members of the Council will be the Chief Conservation Officers, the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Chief Information Officer of 

each agency, the Federal Environmental Executive, and any other 

officer or employee of the federal government as designated by the 

Chairperson or Vice Chairperson. The Council is to oversee the collection and reporting of any necessary energy usage data by Chief 

Conservation Officers and assist in developing agency energy baselines and goals. Additionally, the Council is to provide guidance 

and develop recommendations for agency Chief Conservation Officers to help meet their agencies’ energy efficiency goals. 

This section also requires the Council to submit to Congress and 

the Office of Management and Budget an annual report that includes information about agency-by-agency energy usage and reductions, agency and government-wide trends in energy usage, 

agency and government-wide cost savings, and best practices and 

recommendations. 

This section also requires the Director of the Office of Management and Budget to include in the annual report and scorecard, as 

required by EISA,13 a description of agencies’ efforts under this legislation. This means that the annual report and scorecard must include information about agencies’ equipment and building energy 

usage. Information about energy usage should include energy usage 

baselines, actual usage, and usage goals. 

Section 5. Authorization for acquisitions 

This section allows state and local governments to purchase 

goods and services using contracts under certain GSA Schedules. 

The Schedules identified in the legislation contain environmentally 

preferable ‘‘green’’ products and services. While the legislation does 

not specifically require that the GSA provide training to state and 


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local governments on use of these Schedules, the Committee presumes that GSA will provide access to training, as appropriate. The 

legislation expressly states that non-federal users of these Schedules—meaning state and local governments—must comply with the 

ordering guidance GSA provides. This is necessary to ensure nonfederal users conduct proper order-level competition to obtain the 

best value from GSA Schedule contractors. 

Section 6. Clarification of renewable energy 

This section amends the definition of ‘‘renewable energy’’ under 

the Energy Policy Act of 2005 to extend federal purchase requirements beyond electricity. Under the current definition, agencies 

cannot take advantage of certain ‘‘green’’ technologies like geo-thermal energy because they are not considered electric. This provision 

expands the definition to include other non-electric technologies, 

such as geo-thermal energy. 

V. REGULATORY IMPACT AND EVALUATION

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill. The Congressional Budget Office 

states that the bill contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandate Reform Act and 

would not affect the budgets of state, local, or tribal governments. 

The enactment of this legislation will not have significant regulatory impact. 

VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

FEBRUARY 2, 2010. 

Hon. JOSEPH I. LIEBERMAN, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1830, the Federal Agency 

Energy Efficiency Improvement Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 1830—Federal Agency Energy Efficiency Improvement Act of 

2009 

S. 1830 would require each federal agency to appoint a Chief 

Conservation Officer to implement energy-efficiency policies. The 

legislation also would establish the Chief Conservation Officers 

Council as an interagency forum to provide guidance and recommendations to agencies on energy efficiency. Finally, S. 1830 

would allow state and local governments to purchase certain energy-efficient products and services through the federal supply 

schedules. 

Most of the provisions of S. 1830 would codify and expand the 

current energy-efficiency practices at federal agencies. Executive 

Order 13514, which expands upon Executive Order 13423, requires 


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each federal agency to designate a Senior Sustainability Officer 

from among senior management officials to promote, monitor, and 

report on energy efficiency; it also established an interagency steering committee to promote energy efficiency. 

Any purchases of energy-efficient supplies and services would be 

an exchange between state, local, and tribal governments and commercial suppliers. The General Services Administration (GSA) 

charges a 0.75 percent fee on all sales to recover its procurement 

and administrative costs. Based on information from GSA regarding the anticipated demand from state and local governments, CBO 

estimates that implementing the bill would increase offsetting collections by a few million dollars a year. Because GSA is authorized 

to spend such collections without further appropriation, the net 

budgetary impact of this provision would be negligible. 

Based on information from GSA, the Department of Energy, and 

the Office of Management and Budget, CBO expects that implementing other provisions of S. 1830 would not significantly add to 

governmentwide costs. 

S. 1830 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. The bill 

would benefit state, local, and tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. The 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

VII. CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the following changes in existing law made by 

the bill, as reported, are shown as follows (existing law proposed 

to be omitted is enclosed in black brackets, new matter is printed 

in italic, existing law in which no change is proposed is shown in 

roman). 

TITLE 40—PUBLIC BUILDINGS, PROPERTY, 

AND WORKS 

Subtitle I—Federal Property and Administrative 

Services 

CHAPTER 5—PROPERTY MANAGEMENT 

Subchapter I—Procurement and Warehousing 

SEC. 502. SERVICES FOR OTHER ENTITIES. 

* * * * * * * 

(c) USE OF CERTAIN SUPPLY SCHEDULES.— 

(1) IN GENERAL.—The Administrator may provide for the use 

by State or local governments of Federal supply schedules of 

the General Services Administration for the following: 

(A) Automated data processing equipment (including 

firmware), software, supplies, support equipment, and 

services (as contained in Federal supply classification code 

group 70). 


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(B) Alarm and signal systems, facility management systems, firefighting and rescue equipment, law enforcement 

and security equipment, marine craft and related equipment, special purpose clothing, and related services (as 

contained in Federal supply classification code group 84 or 

any amended or subsequent version of that Federal supply 

classification group). 

(C) Environmentally preferable ‘green’ products and services (as contained in Federal supply classification code 

groups 03FAC, 51V, 56, 72IA, 73, and 899), including any 

amended or subsequent version of the Federal supply classification code groups). 

(2) VOLUNTARY USE.—In any case of the use by a State or 

local government of a Federal supply schedule pursuant to 

paragraph (1), participation by a firm that sells to the Federal 

Government through the supply schedule shall be voluntary 

with respect to a sale to the State or local government through 

such supply schedule. 

(3) DUTY OF NON-FEDERAL USERS REGARDING USE OF FEDERAL

SUPPLY SCHEDULES.—During the Use of a Federal supply schedule, an authorized non-Federal user shall act in accordance 

with the ordering guidance provided by the Administrator of 

General Services. 

* * * * * * * 

Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594) 

* * * * * * * 

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 øelectric¿ 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: 

(1) BIOMASS.—The term ‘‘biomass’’ means any lignin waste 

material that is segregated from other waste materials and is 

determined to be nonhazardous by the Administrator of the 

Environmental Protection Agency and any solid, nonhazardous, 

cellulosic material that is derived from— 

(A) any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, or nonmerchantable material; 

(B) solid wood waste materials, including waste pallets, 

crates, dunnage, manufacturing and construction wood 

wastes (other than pressure-treated, chemically-treated, or 

painted wood wastes), and landscape or right-of-way tree 

trimmings, but not including municipal solid waste (garVerDate Nov 24 2008 05:49 Apr 13, 2010 Jkt 089010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR167.XXX SR167

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bage), gas derived from the biodegradation of solid waste, 

or paper that is commonly recycled; 

(C) agriculture wastes, including orchard tree crops, 

vineyard, grain, legumes, sugar, and other crop by-products or residues, and livestock waste nutrients; or 

(D) a plant that is grown exclusively as a fuel øfor the 

production of electricity¿. (2) RENEWABLE ENERGY.—The term ‘‘renewable energy’’ 

means øelectric¿ energy generated from solar, wind, biomass, 

landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric 

generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. 

* * * * * * * 

Æ 


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