II 

113TH CONGRESS 

1ST SESSION S. 761 

To promote energy savings in residential and commercial buildings and 

industry, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 18, 2013 

Mrs. SHAHEEN (for herself and Mr. PORTMAN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To promote energy savings in residential and commercial 

buildings and industry, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Energy Savings and Industrial Competitiveness Act of 

6 2013’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—BUILDINGS 


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Subtitle A—Building Energy Codes 

Sec. 101. Greater energy efficiency in building codes. 

Subtitle B—Worker Training and Capacity Building 

Sec. 111. Building training and assessment centers. 

TITLE II—PRIVATE COMMERCIAL BUILDING EFFICIENCY 

FINANCING 

Sec. 201. Private commercial building efficiency financing. 

TITLE III—INDUSTRIAL EFFICIENCY AND COMPETITIVENESS 

Subtitle A—Manufacturing Energy Efficiency 

Sec. 301. Purposes. 

Sec. 302. Future of Industry program. 

Sec. 303. Sustainable manufacturing initiative. 

Sec. 304. Conforming amendments. 

Subtitle B—Supply Star 

Sec. 311. Supply Star. 

Subtitle C—Electric Motor Rebate Program 

Sec. 321. Energy saving motor control rebate program. 

Subtitle D—Transformer Rebate Program 

Sec. 331. Energy efficient transformer rebate program. 

TITLE IV—FEDERAL AGENCY ENERGY EFFICIENCY 

Sec. 401. Adoption of information and communications technology power savings techniques by Federal agencies. 

Sec. 402. Availability of funds for design updates. 

Sec. 403. Natural gas and electric vehicle infrastructure. 

Sec. 404. Federal data center consolidation. 

TITLE V—MISCELLANEOUS 

Sec. 501. Budgetary effects. 

Sec. 502. Advance appropriations required. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Energy. 


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1 TITLE I—BUILDINGS 

2 Subtitle A—Building Energy Codes 

3 SEC. 101. GREATER ENERGY EFFICIENCY IN BUILDING 

4 CODES. 

5 (a) DEFINITIONS.—Section 303 of the Energy Con6 servation and Production Act (42 U.S.C. 6832) is amend7 ed— 

8 (1) by striking paragraph (14) and inserting 

9 the following: 

10 ‘‘(14) MODEL BUILDING ENERGY CODE.—The 

11 term ‘model building energy code’ means a voluntary 

12 building energy code and standards developed and 

13 updated through a consensus process among inter14 ested persons, such as the IECC or the code used 

15 by— 

16 ‘‘(A) the Council of American Building Of17 ficials; 

18 ‘‘(B) the American Society of Heating, Re19 frigerating, and Air-Conditioning Engineers; or 

20 ‘‘(C) other appropriate organizations.’’; 

21 and 

22 (2) by adding at the end the following: 

23 ‘‘(17) IECC.—The term ‘IECC’ means the 

24 International Energy Conservation Code. 


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1 ‘‘(18) INDIAN TRIBE.—The term ‘Indian tribe’ 

2 has the meaning given the term in section 4 of the 

3 Native American Housing Assistance and Self-De4 termination Act of 1996 (25 U.S.C. 4103).’’. 

5 (b) STATE BUILDING ENERGY EFFICIENCY

6 CODES.—Section 304 of the Energy Conservation and 

7 Production Act (42 U.S.C. 6833) is amended to read as 

8 follows: 

9 ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI10 CIENCY CODES. 

11 ‘‘(a) IN GENERAL.—The Secretary shall— 

12 ‘‘(1) encourage and support the adoption of 

13 building energy codes by States, Indian tribes, and, 

14 as appropriate, by local governments that meet or 

15 exceed the model building energy codes, or achieve 

16 equivalent or greater energy savings; and 

17 ‘‘(2) support full compliance with the State and 

18 local codes. 

19 ‘‘(b) STATE AND INDIAN TRIBE CERTIFICATION OF

20 BUILDING ENERGY CODE UPDATES.— 

21 ‘‘(1) REVIEW AND UPDATING OF CODES BY

22 EACH STATE AND INDIAN TRIBE.— 

23 ‘‘(A) IN GENERAL.—Not later than 2 years 

24 after the date on which a model building energy 

25 code is updated, each State or Indian tribe shall 


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1 certify whether or not the State or Indian tribe, 

2 respectively, has reviewed and updated the en3 ergy provisions of the building code of the State 

4 or Indian tribe, respectively. 

5 ‘‘(B) DEMONSTRATION.—The certification 

6 shall include a demonstration of whether or not 

7 the energy savings for the code provisions that 

8 are in effect throughout the State or Indian 

9 tribal territory meet or exceed— 

10 ‘‘(i) the energy savings of the updated 

11 model building energy code; or 

12 ‘‘(ii) the targets established under sec13 tion 307(b)(2). 

14 ‘‘(C) NO MODEL BUILDING ENERGY CODE

15 UPDATE.—If a model building energy code is 

16 not updated by a target date established under 

17 section 307(b)(2)(D), each State or Indian tribe 

18 shall, not later than 2 years after the specified 

19 date, certify whether or not the State or Indian 

20 tribe, respectively, has reviewed and updated 

21 the energy provisions of the building code of the 

22 State or Indian tribe, respectively, to meet or 

23 exceed the target in section 307(b)(2). 


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1 ‘‘(2) VALIDATION BY SECRETARY.—Not later 

2 than 90 days after a State or Indian tribe certifi3 cation under paragraph (1), the Secretary shall— 

4 ‘‘(A) determine whether the code provi5 sions of the State or Indian tribe, respectively, 

6 meet the criteria specified in paragraph (1); 

7 and 

8 ‘‘(B) if the determination is positive, vali9 date the certification. 

10 ‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH BUILD11 ING ENERGY CODES.— 

12 ‘‘(1) REQUIREMENT.— 

13 ‘‘(A) IN GENERAL.—Not later than 3 years 

14 after the date of a certification under sub15 section (b), each State and Indian tribe shall 

16 certify whether or not the State and Indian 

17 tribe, respectively, has— 

18 ‘‘(i) achieved full compliance under 

19 paragraph (3) with the applicable certified 

20 State and Indian tribe building energy 

21 code or with the associated model building 

22 energy code; or 

23 ‘‘(ii) made significant progress under 

24 paragraph (4) toward achieving compliance 

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1 dian tribe building energy code or with the 

2 associated model building energy code. 

3 ‘‘(B) REPEAT CERTIFICATIONS.—If the 

4 State or Indian tribe certifies progress toward 

5 achieving compliance, the State or Indian tribe 

6 shall repeat the certification until the State or 

7 Indian tribe certifies that the State or Indian 

8 tribe has achieved full compliance, respectively. 

9 ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer10 tification under paragraph (1) shall include docu11 mentation of the rate of compliance based on— 

12 ‘‘(A) independent inspections of a random 

13 sample of the buildings covered by the code in 

14 the preceding year; or 

15 ‘‘(B) an alternative method that yields an 

16 accurate measure of compliance. 

17 ‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State 

18 or Indian tribe shall be considered to achieve full 

19 compliance under paragraph (1) if— 

20 ‘‘(A) at least 90 percent of building space 

21 covered by the code in the preceding year sub22 stantially meets all the requirements of the ap23 plicable code specified in paragraph (1), or 

24 achieves equivalent or greater energy savings 

25 level; or 


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1 ‘‘(B) the estimated excess energy use of 

2 buildings that did not meet the applicable code 

3 specified in paragraph (1) in the preceding 

4 year, compared to a baseline of comparable 

5 buildings that meet this code, is not more than 

6 5 percent of the estimated energy use of all 

7 buildings covered by this code during the pre8 ceding year. 

9 ‘‘(4) SIGNIFICANT PROGRESS TOWARD

10 ACHIEVEMENT OF COMPLIANCE.—A State or Indian 

11 tribe shall be considered to have made significant 

12 progress toward achieving compliance for purposes 

13 of paragraph (1) if the State or Indian tribe— 

14 ‘‘(A) has developed and is implementing a 

15 plan for achieving compliance during the 8- 

16 year-period beginning on the date of enactment 

17 of this paragraph, including annual targets for 

18 compliance and active training and enforcement 

19 programs; and 

20 ‘‘(B) has met the most recent target under 

21 subparagraph (A). 

22 ‘‘(5) VALIDATION BY SECRETARY.—Not later 

23 than 90 days after a State or Indian tribe certifi24 cation under paragraph (1), the Secretary shall— 


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1 ‘‘(A) determine whether the State or In2 dian tribe has demonstrated meeting the cri3 teria of this subsection, including accurate 

4 measurement of compliance; and 

5 ‘‘(B) if the determination is positive, vali6 date the certification. 

7 ‘‘(d) STATES OR INDIAN TRIBES THAT DO NOT

8 ACHIEVE COMPLIANCE.— 

9 ‘‘(1) REPORTING.—A State or Indian tribe that 

10 has not made a certification required under sub11 section (b) or (c) by the applicable deadline shall 

12 submit to the Secretary a report on— 

13 ‘‘(A) the status of the State or Indian tribe 

14 with respect to meeting the requirements and 

15 submitting the certification; and 

16 ‘‘(B) a plan for meeting the requirements 

17 and submitting the certification. 

18 ‘‘(2) FEDERAL SUPPORT.—For any State or In19 dian tribe for which the Secretary has not validated 

20 a certification by a deadline under subsection (b) or 

21 (c), the lack of the certification may be a consider22 ation for Federal support authorized under this sec23 tion for code adoption and compliance activities. 

24 ‘‘(3) LOCAL GOVERNMENT.—In any State or 

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1 dated a certification under subsection (b) or (c), a 

2 local government may be eligible for Federal support 

3 by meeting the certification requirements of sub4 sections (b) and (c). 

5 ‘‘(4) ANNUAL REPORTS BY SECRETARY.— 

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 annually submit to Congress, and publish in the 

8 Federal Register, a report on— 

9 ‘‘(i) the status of model building en10 ergy codes; 

11 ‘‘(ii) the status of code adoption and 

12 compliance in the States and Indian tribes; 

13 ‘‘(iii) implementation of this section; 

14 and 

15 ‘‘(iv) improvements in energy savings 

16 over time as result of the targets estab17 lished under section 307(b)(2). 

18 ‘‘(B) IMPACTS.—The report shall include 

19 estimates of impacts of past action under this 

20 section, and potential impacts of further action, 

21 on— 

22 ‘‘(i) upfront financial and construction 

23 costs, cost benefits and returns (using in24 vestment analysis), and lifetime energy use 

25 for buildings; 


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1 ‘‘(ii) resulting energy costs to individ2 uals and businesses; and 

3 ‘‘(iii) resulting overall annual building 

4 ownership and operating costs. 

5 ‘‘(e) TECHNICAL ASSISTANCE TO STATES AND IN6 DIAN TRIBES.—The Secretary shall provide technical as7 sistance to States and Indian tribes to implement the goals 

8 and requirements of this section, including procedures and 

9 technical analysis for States and Indian tribes— 

10 ‘‘(1) to improve and implement State residential 

11 and commercial building energy codes; 

12 ‘‘(2) to demonstrate that the code provisions of 

13 the States and Indian tribes achieve equivalent or 

14 greater energy savings than the model building en15 ergy codes and targets; 

16 ‘‘(3) to document the rate of compliance with a 

17 building energy code; and 

18 ‘‘(4) to otherwise promote the design and con19 struction of energy efficient buildings. 

20 ‘‘(f) AVAILABILITY OF INCENTIVE FUNDING.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall provide 

22 incentive funding to States and Indian tribes— 

23 ‘‘(A) to implement the requirements of this 

24 section; 


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1 ‘‘(B) to improve and implement residential 

2 and commercial building energy codes, including 

3 increasing and verifying compliance with the 

4 codes and training of State, tribal, and local 

5 building code officials to implement and enforce 

6 the codes; and 

7 ‘‘(C) to promote building energy efficiency 

8 through the use of the codes. 

9 ‘‘(2) ADDITIONAL FUNDING.—Additional fund10 ing shall be provided under this subsection for im11 plementation of a plan to achieve and document full 

12 compliance with residential and commercial building 

13 energy codes under subsection (c)— 

14 ‘‘(A) to a State or Indian tribe for which 

15 the Secretary has validated a certification under 

16 subsection (b) or (c); and 

17 ‘‘(B) in a State or Indian tribe that is not 

18 eligible under subparagraph (A), to a local gov19 ernment that is eligible under this section. 

20 ‘‘(3) TRAINING.—Of the amounts made avail21 able under this subsection, the State may use 

22 amounts required, but not to exceed $750,000 for a 

23 State, to train State and local building code officials 

24 to implement and enforce codes described in para25 graph (2). 


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1 ‘‘(4) LOCAL GOVERNMENTS.—States may share 

2 grants under this subsection with local governments 

3 that implement and enforce the codes. 

4 ‘‘(g) STRETCH CODES AND ADVANCED STAND5 ARDS.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall provide 

7 technical and financial support for the development 

8 of stretch codes and advanced standards for residen9 tial and commercial buildings for use as— 

10 ‘‘(A) an option for adoption as a building 

11 energy code by local, tribal, or State govern12 ments; and 

13 ‘‘(B) guidelines for energy-efficient build14 ing design. 

15 ‘‘(2) TARGETS.—The stretch codes and ad16 vanced standards shall be designed— 

17 ‘‘(A) to achieve substantial energy savings 

18 compared to the model building energy codes; 

19 and 

20 ‘‘(B) to meet targets under section 307(b), 

21 if available, at least 3 to 6 years in advance of 

22 the target years. 

23 ‘‘(h) STUDIES.—The Secretary, in consultation with 

24 building science experts from the National Laboratories 

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1 ers of energy-efficient residential and commercial build2 ings, code officials, and other stakeholders, shall under3 take a study of the feasibility, impact, economics, and 

4 merit of— 

5 ‘‘(1) code improvements that would require that 

6 buildings be designed, sited, and constructed in a 

7 manner that makes the buildings more adaptable in 

8 the future to become zero-net-energy after initial 

9 construction, as advances are achieved in energy-sav10 ing technologies; 

11 ‘‘(2) code procedures to incorporate measured 

12 lifetimes, not just first-year energy use, in trade-offs 

13 and performance calculations; and 

14 ‘‘(3) legislative options for increasing energy 

15 savings from building energy codes, including addi16 tional incentives for effective State and local action, 

17 and verification of compliance with and enforcement 

18 of a code other than by a State or local government. 

19 ‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this sec20 tion or section 307 supersedes or modifies the application 

21 of sections 321 through 346 of the Energy Policy and 

22 Conservation Act (42 U.S.C. 6291 et seq.). 

23 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out this section 


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1 and section 307 $200,000,000, to remain available until 

2 expended.’’. 

3 (c) FEDERAL BUILDING ENERGY EFFICIENCY

4 STANDARDS.—Section 305 of the Energy Conservation 

5 and Production Act (42 U.S.C. 6834) is amended by strik6 ing ‘‘voluntary building energy code’’ each place it appears 

7 in subsections (a)(2)(B) and (b) and inserting ‘‘model 

8 building energy code’’. 

9 (d) MODEL BUILDING ENERGY CODES.—Section 307 

10 of the Energy Conservation and Production Act (42 

11 U.S.C. 6836) is amended to read as follows: 

12 ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY 

13 CODES. 

14 ‘‘(a) IN GENERAL.—The Secretary shall support the 

15 updating of model building energy codes. 

16 ‘‘(b) TARGETS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall sup18 port the updating of the model building energy codes 

19 to enable the achievement of aggregate energy sav20 ings targets established under paragraph (2). 

21 ‘‘(2) TARGETS.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 work with State, Indian tribes, local govern24 ments, nationally recognized code and stand25 ards developers, and other interested parties to 


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1 support the updating of model building energy 

2 codes by establishing one or more aggregate en3 ergy savings targets to achieve the purposes of 

4 this section. 

5 ‘‘(B) SEPARATE TARGETS.—The Secretary 

6 may establish separate targets for commercial 

7 and residential buildings. 

8 ‘‘(C) BASELINES.—The baseline for updat9 ing model building energy codes shall be the 

10 2009 IECC for residential buildings and 

11 ASHRAE Standard 90.1–2010 for commercial 

12 buildings. 

13 ‘‘(D) SPECIFIC YEARS.— 

14 ‘‘(i) IN GENERAL.—Targets for spe15 cific years shall be established and revised 

16 by the Secretary through rulemaking and 

17 coordinated with nationally recognized code 

18 and standards developers at a level that— 

19 ‘‘(I) is at the maximum level of 

20 energy efficiency that is techno21 logically feasible and life-cycle cost ef22 fective, while accounting for the eco23 nomic considerations under paragraph 

24 (4); 


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1 ‘‘(II) is higher than the preceding 

2 target; and 

3 ‘‘(III) promotes the achievement 

4 of commercial and residential high5 performance buildings through high 

6 performance energy efficiency (within 

7 the meaning of section 401 of the En8 ergy Independence and Security Act 

9 of 2007 (42 U.S.C. 17061)). 

10 ‘‘(ii) INITIAL TARGETS.—Not later 

11 than 1 year after the date of enactment of 

12 this clause, the Secretary shall establish 

13 initial targets under this subparagraph. 

14 ‘‘(iii) DIFFERENT TARGET YEARS.— 

15 Subject to clause (i), prior to the applica16 ble year, the Secretary may set a later tar17 get year for any of the model building en18 ergy codes described in subparagraph (A) 

19 if the Secretary determines that a target 

20 cannot be met. 

21 ‘‘(iv) SMALL BUSINESS.—When estab22 lishing targets under this paragraph 

23 through rulemaking, the Secretary shall 

24 ensure compliance with the Small Business 

25 Regulatory Enforcement Fairness Act of 


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1 1996 (5 U.S.C. 601 note; Public Law 104– 

2 121). 

3 ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC4 TORS AFFECTING BUILDING ENERGY USE.—In es5 tablishing building code targets under paragraph 

6 (2), the Secretary shall develop and adjust the tar7 gets in recognition of potential savings and costs re8 lating to— 

9 ‘‘(A) efficiency gains made in appliances, 

10 lighting, windows, insulation, and building enve11 lope sealing; 

12 ‘‘(B) advancement of distributed genera13 tion and on-site renewable power generation 

14 technologies; 

15 ‘‘(C) equipment improvements for heating, 

16 cooling, and ventilation systems; 

17 ‘‘(D) building management systems and 

18 SmartGrid technologies to reduce energy use; 

19 and 

20 ‘‘(E) other technologies, practices, and 

21 building systems that the Secretary considers 

22 appropriate regarding building plug load and 

23 other energy uses. 

24 ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab25 lishing and revising building code targets under 


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1 paragraph (2), the Secretary shall consider the eco2 nomic feasibility of achieving the proposed targets 

3 established under this section and the potential costs 

4 and savings for consumers and building owners, in5 cluding a return on investment analysis. 

6 ‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING

7 ENERGY CODE-SETTING AND STANDARD DEVELOPMENT

8 ORGANIZATIONS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall, on a 

10 timely basis, provide technical assistance to model 

11 building energy code-setting and standard develop12 ment organizations consistent with the goals of this 

13 section. 

14 ‘‘(2) ASSISTANCE.—The assistance shall in15 clude, as requested by the organizations, technical 

16 assistance in— 

17 ‘‘(A) evaluating code or standards pro18 posals or revisions; 

19 ‘‘(B) building energy analysis and design 

20 tools; 

21 ‘‘(C) building demonstrations; 

22 ‘‘(D) developing definitions of energy use 

23 intensity and building types for use in model 

24 building energy codes to evaluate the efficiency 

25 impacts of the model building energy codes; 


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1 ‘‘(E) performance-based standards; 

2 ‘‘(F) evaluating economic considerations 

3 under subsection (b)(4); and 

4 ‘‘(G) developing model building energy 

5 codes by Indian tribes in accordance with tribal 

6 law. 

7 ‘‘(3) AMENDMENT PROPOSALS.—The Secretary 

8 may submit timely model building energy code 

9 amendment proposals to the model building energy 

10 code-setting and standard development organiza11 tions, with supporting evidence, sufficient to enable 

12 the model building energy codes to meet the targets 

13 established under subsection (b)(2). 

14 ‘‘(4) ANALYSIS METHODOLOGY.—The Secretary 

15 shall make publicly available the entire calculation 

16 methodology (including input assumptions and data) 

17 used by the Secretary to estimate the energy savings 

18 of code or standard proposals and revisions. 

19 ‘‘(d) DETERMINATION.— 

20 ‘‘(1) REVISION OF MODEL BUILDING ENERGY

21 CODES.—If the provisions of the IECC or ASHRAE 

22 Standard 90.1 regarding building energy use are re23 vised, the Secretary shall make a preliminary deter24 mination not later than 90 days after the date of the 

25 revision, and a final determination not later than 15 


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1 months after the date of the revision, on whether or 

2 not the revision will— 

3 ‘‘(A) improve energy efficiency in buildings 

4 compared to the existing model building energy 

5 code; and 

6 ‘‘(B) meet the applicable targets under 

7 subsection (b)(2). 

8 ‘‘(2) CODES OR STANDARDS NOT MEETING TAR9 GETS.— 

10 ‘‘(A) IN GENERAL.—If the Secretary 

11 makes a preliminary determination under para12 graph (1)(B) that a code or standard does not 

13 meet the targets established under subsection 

14 (b)(2), the Secretary may at the same time pro15 vide the model building energy code or standard 

16 developer with proposed changes that would re17 sult in a model building energy code that meets 

18 the targets and with supporting evidence, tak19 ing into consideration— 

20 ‘‘(i) whether the modified code is tech21 nically feasible and life-cycle cost effective; 

22 ‘‘(ii) available appliances, technologies, 

23 materials, and construction practices; and 

24 ‘‘(iii) the economic considerations 

25 under subsection (b)(4). 


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1 ‘‘(B) INCORPORATION OF CHANGES.— 

2 ‘‘(i) IN GENERAL.—On receipt of the 

3 proposed changes, the model building en4 ergy code or standard developer shall have 

5 an additional 270 days to accept or reject 

6 the proposed changes of the Secretary to 

7 the model building energy code or standard 

8 for the Secretary to make a final deter9 mination. 

10 ‘‘(ii) FINAL DETERMINATION.—A 

11 final determination under paragraph (1) 

12 shall be on the modified model building en13 ergy code or standard. 

14 ‘‘(e) ADMINISTRATION.—In carrying out this section, 

15 the Secretary shall— 

16 ‘‘(1) publish notice of targets and supporting 

17 analysis and determinations under this section in the 

18 Federal Register to provide an explanation of and 

19 the basis for such actions, including any supporting 

20 modeling, data, assumptions, protocols, and cost21 benefit analysis, including return on investment; and 

22 ‘‘(2) provide an opportunity for public comment 

23 on targets and supporting analysis and determina24 tions under this section. 


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1 ‘‘(f) VOLUNTARY CODES AND STANDARDS.—Not2 withstanding any other provision of this section, any 

3 model building code or standard established under this 

4 section shall not be binding on a State, local government, 

5 or Indian tribe as a matter of Federal law.’’. 

6 Subtitle B—Worker Training and 

7 Capacity Building 

8 SEC. 111. BUILDING TRAINING AND ASSESSMENT CENTERS. 

9 (a) IN GENERAL.—The Secretary shall provide 

10 grants to institutions of higher education (as defined in 

11 section 101 of the Higher Education Act of 1965 (20 

12 U.S.C. 1001)) and Tribal Colleges or Universities (as de13 fined in section 316(b) of that Act (20 U.S.C. 1059c(b))) 

14 to establish building training and assessment centers— 

15 (1) to identify opportunities for optimizing en16 ergy efficiency and environmental performance in 

17 buildings; 

18 (2) to promote the application of emerging con19 cepts and technologies in commercial and institu20 tional buildings; 

21 (3) to train engineers, architects, building sci22 entists, building energy permitting and enforcement 

23 officials, and building technicians in energy-efficient 

24 design and operation; 


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1 (4) to assist institutions of higher education 

2 and Tribal Colleges or Universities in training build3 ing technicians; 

4 (5) to promote research and development for 

5 the use of alternative energy sources and distributed 

6 generation to supply heat and power for buildings, 

7 particularly energy-intensive buildings; and 

8 (6) to coordinate with and assist State-accred9 ited technical training centers, community colleges, 

10 Tribal Colleges or Universities, and local offices of 

11 the National Institute of Food and Agriculture and 

12 ensure appropriate services are provided under this 

13 section to each region of the United States. 

14 (b) COORDINATION AND NONDUPLICATION.— 

15 (1) IN GENERAL.—The Secretary shall coordi16 nate the program with the industrial research and 

17 assessment centers program and with other Federal 

18 programs to avoid duplication of effort. 

19 (2) COLLOCATION.—To the maximum extent 

20 practicable, building, training, and assessment cen21 ters established under this section shall be collocated 

22 with Industrial Assessment Centers. 


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1 TITLE II—PRIVATE COMMER2 CIAL BUILDING EFFICIENCY 

3 FINANCING 

4 SEC. 201. PRIVATE COMMERCIAL BUILDING EFFICIENCY FI5 NANCING. 

6 (a) IN GENERAL.—The Secretary shall establish a 

7 program to be known as the ‘‘Commercial Building En8 ergy Efficiency Financing Initiative’’ under which the Sec9 retary shall provide grants to States (as defined in section 

10 3 of the Energy Policy and Conservation Act (42 U.S.C. 

11 6202)) to establish or expand programs to promote the 

12 financing of energy efficiency retrofit projects for private 

13 sector and commercial buildings. 

14 (b) APPLICATIONS.—A State may apply to the Sec15 retary for a grant under this section to establish or expand 

16 a program described in subsection (a), including— 

17 (1) a commercial Property Assessed Clean En18 ergy (PACE) financing program; 

19 (2) a credit enhancement structure that is de20 signed to mitigate the effects of default, including a 

21 loan guarantee program, loan loss reserve program, 

22 collateral or subordinated capital program, or other 

23 program; 

24 (3) a revolving loan fund; 


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1 (4) a program to promote the use of energy 

2 savings performance contracts or utility energy serv3 ice contracts, or both; 

4 (5) a utility on-bill financing or repayment pro5 gram; 

6 (6) an interest buy-down program; 

7 (7) a secondary market financing program; 

8 (8) a leasing structure that recognizes energy 

9 costs and addresses split-incentives; 

10 (9) an educational program involving commer11 cial lenders, energy service companies, commercial 

12 building owners, and other stakeholders estab13 lished— 

14 (A) to provide information to the commu15 nity regarding program and project options and 

16 outcomes; and 

17 (B) to build consensus on approaches to 

18 greater energy efficiency investments; and 

19 (10) any other activity that will significantly in20 crease the total investment in, and energy savings 

21 from, building retrofit projects and programs. 

22 (c) ADMINISTRATION.— 

23 (1) IN GENERAL.—A State receiving a grant 

24 under this section shall give a higher priority to pro25 grams and projects that— 


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1 (A) leverage private sources of funding; 

2 and 

3 (B) aim explicitly to expand the use of en4 ergy efficiency project financing using private 

5 sources of funding, including philanthropic and 

6 other institutional investment. 

7 (2) OTHER ACTIONS.—A State receiving a 

8 grant under this section is encouraged to consider 

9 establishing such other appropriate policies, incen10 tives, or actions that will advance the purposes of 

11 this section. 

12 (d) EVALUATION OF PROGRAMS.—The Secretary 

13 shall evaluate applications from States under this section 

14 on the basis of— 

15 (1) the likelihood that a proposed program or 

16 activity will— 

17 (A) be established or expanded; 

18 (B) increase the total investment and en19 ergy savings of the retrofit projects to be sup20 ported; and 

21 (C) increase the total investment and en22 ergy savings in a State or region in which in23 vestments and energy savings have the greatest 

24 potential for growth as compared to other 

25 States or regions; and 


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1 (2) other factors that will advance the purposes 

2 of this section, as determined by the Secretary. 

3 (e) REPORTS.— 

4 (1) IN GENERAL.—Not later than 2 years after 

5 the date of the receipt of a grant under this section, 

6 a State shall submit to the Secretary, the Committee 

7 on Energy and Natural Resources of the Senate, 

8 and the Committee on Energy and Commerce of the 

9 House of Representatives a report on the perform10 ance of programs and activities carried out with the 

11 grant. 

12 (2) DATA.— 

13 (A) IN GENERAL.—A State receiving a 

14 grant under this section and the Secretary shall 

15 cooperate to collect and share data resulting 

16 from programs and activities carried out under 

17 this section. 

18 (B) DEPARTMENT DATABASES.—The Sec19 retary shall incorporate data described in sub20 paragraph (A) into appropriate databases of the 

21 Department of Energy, with provisions for the 

22 protection of confidential business data. 

23 (f) FUNDING.— 

24 (1) AUTHORIZATION OF APPROPRIATIONS.— 

25 There is authorized to be appropriated to carry out 


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1 this section $250,000,000 for the period of fiscal 

2 years 2015 through 2020, to remain available until 

3 expended. 

4 (2) ALLOCATION.—Of the amount made avail5 able for a fiscal year under paragraph (1)— 

6 (A) 75 percent of the amount shall be allo7 cated on a formula-basis that is consistent with 

8 the formula used to allocate funds for State en9 ergy conservation programs established under 

10 part D of title III of the Energy Policy and 

11 Conservation Act (42 U.S.C. 6321 et seq.), as 

12 determined by the Secretary; and 

13 (B) 25 percent of the amount shall be dis14 tributed by the Secretary consistent with the 

15 evaluation criteria established under subsection 

16 (d). 

17 (3) STATE ENERGY OFFICES.—Funds provided 

18 to a State under this section shall be provided to the 

19 office within the State that is responsible for devel20 oping the State energy plan for the State under part 

21 D of title III of the Energy Policy and Conservation 

22 Act (42 U.S.C. 6321 et seq.). 


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1 TITLE III—INDUSTRIAL EFFI2 CIENCY AND COMPETITIVE3 NESS 

4 Subtitle A—Manufacturing Energy 

5 Efficiency 

6 SEC. 301. PURPOSES. 

7 The purposes of this subtitle are— 

8 (1) to reform and reorient the industrial effi9 ciency programs of the Department of Energy; 

10 (2) to establish a clear and consistent authority 

11 for industrial efficiency programs of the Depart12 ment; 

13 (3) to accelerate the deployment of technologies 

14 and practices that will increase industrial energy ef15 ficiency and improve productivity; 

16 (4) to accelerate the development and dem17 onstration of technologies that will assist the deploy18 ment goals of the industrial efficiency programs of 

19 the Department and increase manufacturing effi20 ciency; 

21 (5) to stimulate domestic economic growth and 

22 improve industrial productivity and competitiveness; 

23 and 


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1 (6) to strengthen partnerships between Federal 

2 and State governmental agencies and the private 

3 and academic sectors. 

4 SEC. 302. FUTURE OF INDUSTRY PROGRAM. 

5 (a) IN GENERAL.—Section 452 of the Energy Inde6 pendence and Security Act of 2007 (42 U.S.C. 17111) is 

7 amended by striking the section heading and inserting the 

8 following: ‘‘FUTURE OF INDUSTRY PROGRAM’’. 

9 (b) DEFINITION OF ENERGY SERVICE PROVIDER.— 

10 Section 452(a) of the Energy Independence and Security 

11 Act of 2007 (42 U.S.C. 17111(a)) is amended— 

12 (1) by redesignating paragraphs (3) through 

13 (5) as paragraphs (4) through (6), respectively; and 

14 (2) by inserting after paragraph (2): 

15 ‘‘(3) ENERGY SERVICE PROVIDER.—The term 

16 ‘energy service provider’ means any business pro17 viding technology or services to improve the energy 

18 efficiency, power factor, or load management of a 

19 manufacturing site or other industrial process in an 

20 energy-intensive industry, or any utility operating 

21 under a utility energy service project.’’. 

22 (c) INDUSTRIAL RESEARCH AND ASSESSMENT CEN23 TERS.— 


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1 (1) IN GENERAL.—Section 452(e) of the En2 ergy Independence and Security Act of 2007 (42 

3 U.S.C. 17111(e)) is amended— 

4 (A) by redesignating paragraphs (1) 

5 through (5) as subparagraphs (A) through (E), 

6 respectively, and indenting appropriately; 

7 (B) by striking ‘‘The Secretary’’ and in8 serting the following: 

9 ‘‘(1) IN GENERAL.—The Secretary’’; 

10 (C) in subparagraph (A) (as redesignated 

11 by subparagraph (A)), by inserting before the 

12 semicolon at the end the following: ‘‘, including 

13 assessments of sustainable manufacturing goals 

14 and the implementation of information tech15 nology advancements for supply chain analysis, 

16 logistics, system monitoring, industrial and 

17 manufacturing processes, and other purposes’’; 

18 and 

19 (D) by adding at the end the following: 

20 ‘‘(2) COORDINATION.— 

21 ‘‘(A) IN GENERAL.—To increase the value 

22 and capabilities of the industrial research and 

23 assessment centers, the centers shall— 

24 ‘‘(i) coordinate with Manufacturing 

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1 tional Institute of Standards and Tech2 nology; 

3 ‘‘(ii) coordinate with the Building 

4 Technologies Program of the Department 

5 of Energy to provide building assessment 

6 services to manufacturers; 

7 ‘‘(iii) increase partnerships with the 

8 National Laboratories of the Department 

9 of Energy to leverage the expertise and 

10 technologies of the National Laboratories 

11 for national industrial and manufacturing 

12 needs; 

13 ‘‘(iv) increase partnerships with en14 ergy service providers and technology pro15 viders to leverage private sector expertise 

16 and accelerate deployment of new and ex17 isting technologies and processes for en18 ergy efficiency, power factor, and load 

19 management; 

20 ‘‘(v) identify opportunities for reduc21 ing greenhouse gas emissions; and 

22 ‘‘(vi) promote sustainable manufac23 turing practices for small- and medium24 sized manufacturers. 


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1 ‘‘(3) OUTREACH.—The Secretary shall provide 

2 funding for— 

3 ‘‘(A) outreach activities by the industrial 

4 research and assessment centers to inform 

5 small- and medium-sized manufacturers of the 

6 information, technologies, and services avail7 able; and 

8 ‘‘(B) coordination activities by each indus9 trial research and assessment center to leverage 

10 efforts with— 

11 ‘‘(i) Federal and State efforts; 

12 ‘‘(ii) the efforts of utilities and energy 

13 service providers; 

14 ‘‘(iii) the efforts of regional energy ef15 ficiency organizations; and 

16 ‘‘(iv) the efforts of other industrial re17 search and assessment centers. 

18 ‘‘(4) WORKFORCE TRAINING.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall 

20 pay the Federal share of associated internship 

21 programs under which students work with or 

22 for industries, manufacturers, and energy serv23 ice providers to implement the recommendations 

24 of industrial research and assessment centers. 


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1 ‘‘(B) FEDERAL SHARE.—The Federal 

2 share of the cost of carrying out internship pro3 grams described in subparagraph (A) shall be 

4 50 percent. 

5 ‘‘(5) SMALL BUSINESS LOANS.—The Adminis6 trator of the Small Business Administration shall, to 

7 the maximum extent practicable, expedite consider8 ation of applications from eligible small business 

9 concerns for loans under the Small Business Act (15 

10 U.S.C. 631 et seq.) to implement recommendations 

11 of industrial research and assessment centers estab12 lished under paragraph (1). 

13 ‘‘(6) ADVANCED MANUFACTURING STEERING

14 COMMITTEE.—The Secretary shall establish an advi15 sory steering committee to provide recommendations 

16 to the Secretary on planning and implementation of 

17 the Advanced Manufacturing Office of the Depart18 ment of Energy.’’. 

19 SEC. 303. SUSTAINABLE MANUFACTURING INITIATIVE. 

20 (a) IN GENERAL.—Part E of title III of the Energy 

21 Policy and Conservation Act (42 U.S.C. 6341) is amended 

22 by adding at the end the following: 

23 ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. 

24 ‘‘(a) IN GENERAL.—As part of the Office of Energy 

25 Efficiency and Renewable Energy, the Secretary, on the 


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1 request of a manufacturer, shall conduct onsite technical 

2 assessments to identify opportunities for— 

3 ‘‘(1) maximizing the energy efficiency of indus4 trial processes and cross-cutting systems; 

5 ‘‘(2) preventing pollution and minimizing waste; 

6 ‘‘(3) improving efficient use of water in manu7 facturing processes; 

8 ‘‘(4) conserving natural resources; and 

9 ‘‘(5) achieving such other goals as the Secretary 

10 determines to be appropriate. 

11 ‘‘(b) COORDINATION.—The Secretary shall carry out 

12 the initiative in coordination with the private sector and 

13 appropriate agencies, including the National Institute of 

14 Standards and Technology, to accelerate adoption of new 

15 and existing technologies and processes that improve en16 ergy efficiency. 

17 ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM FOR

18 SUSTAINABLE MANUFACTURING AND INDUSTRIAL TECH19 NOLOGIES AND PROCESSES.—As part of the industrial ef20 ficiency programs of the Department of Energy, the Sec21 retary shall carry out a joint industry-government partner22 ship program to research, develop, and demonstrate new 

23 sustainable manufacturing and industrial technologies and 

24 processes that maximize the energy efficiency of industrial 

25 plants, reduce pollution, and conserve natural resources.’’. 


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

2 the Energy Policy and Conservation Act (42 U.S.C. prec. 

3 6201) is amended by adding at the end of the items relat4 ing to part E of title III the following: 

‘‘Sec. 376. Sustainable manufacturing initiative.’’. 

5 SEC. 304. CONFORMING AMENDMENTS. 

6 (a) Section 106 of the Energy Policy Act of 2005 (42 

7 U.S.C. 15811) is repealed. 

8 (b) Sections 131, 132, 133, 2103, and 2107 of the 

9 Energy Policy Act of 1992 (42 U.S.C. 6348, 6349, 6350, 

10 13453, 13456) are repealed. 

11 (c) Section 2101(a) of the Energy Policy Act of 1992 

12 (42 U.S.C. 13451(a)) is amended in the third sentence 

13 by striking ‘‘sections 2102, 2103, 2104, 2105, 2106, 

14 2107, and 2108’’ and inserting ‘‘sections 2102, 2104, 

15 2105, 2106, and 2108, section 376 of the Energy Policy 

16 and Conservation Act,’’. 

17 Subtitle B—Supply Star 

18 SEC. 311. SUPPLY STAR. 

19 The Energy Policy and Conservation Act is amended 

20 by inserting after section 324A (42 U.S.C. 6294a) the fol21 lowing: 

22 ‘‘SEC. 324B. SUPPLY STAR PROGRAM. 

23 ‘‘(a) IN GENERAL.—There is established within the 

24 Department of Energy a Supply Star program to identify 

25 and promote practices, recognize companies, and, as apVerDate Mar 15 2010 03:02 Apr 24, 2013 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S761.IS S761

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1 propriate, recognize products that use highly efficient sup2 ply chains in a manner that conserves energy, water, and 

3 other resources. 

4 ‘‘(b) COORDINATION.—In carrying out the program 

5 described in subsection (a), the Secretary shall— 

6 ‘‘(1) consult with other appropriate agencies; 

7 and 

8 ‘‘(2) coordinate efforts with the Energy Star 

9 program established under section 324A. 

10 ‘‘(c) DUTIES.—In carrying out the Supply Star pro11 gram described in subsection (a), the Secretary shall— 

12 ‘‘(1) promote practices, recognize companies, 

13 and, as appropriate, recognize products that comply 

14 with the Supply Star program as the preferred prac15 tices, companies, and products in the marketplace 

16 for maximizing supply chain efficiency; 

17 ‘‘(2) work to enhance industry and public 

18 awareness of the Supply Star program; 

19 ‘‘(3) collect and disseminate data on supply 

20 chain energy resource consumption; 

21 ‘‘(4) develop and disseminate metrics, proc22 esses, and analytical tools (including software) for 

23 evaluating supply chain energy resource use; 

24 ‘‘(5) develop guidance at the sector level for im25 proving supply chain efficiency; 


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1 ‘‘(6) work with domestic and international orga2 nizations to harmonize approaches to analyzing sup3 ply chain efficiency, including the development of a 

4 consistent set of tools, templates, calculators, and 

5 databases; and 

6 ‘‘(7) work with industry, including small busi7 nesses, to improve supply chain efficiency through 

8 activities that include— 

9 ‘‘(A) developing and sharing best practices; 

10 and 

11 ‘‘(B) providing opportunities to benchmark 

12 supply chain efficiency. 

13 ‘‘(d) EVALUATION.—In any evaluation of supply 

14 chain efficiency carried out by the Secretary with respect 

15 to a specific product, the Secretary shall consider energy 

16 consumption and resource use throughout the entire 

17 lifecycle of a product, including production, transport, 

18 packaging, use, and disposal. 

19 ‘‘(e) GRANTS AND INCENTIVES.— 

20 ‘‘(1) IN GENERAL.—The Secretary may award 

21 grants or other forms of incentives on a competitive 

22 basis to eligible entities, as determined by the Sec23 retary, for the purposes of— 

24 ‘‘(A) studying supply chain energy resource 

25 efficiency; and 


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1 ‘‘(B) demonstrating and achieving reduc2 tions in the energy resource consumption of 

3 commercial products through changes and im4 provements to the production supply and dis5 tribution chain of the products. 

6 ‘‘(2) USE OF INFORMATION.—Any information 

7 or data generated as a result of the grants or incen8 tives described in paragraph (1) shall be used to in9 form the development of the Supply Star Program. 

10 ‘‘(f) TRAINING.—The Secretary shall use funds to 

11 support professional training programs to develop and 

12 communicate methods, practices, and tools for improving 

13 supply chain efficiency. 

14 ‘‘(g) EFFECT OF IMPACT ON CLIMATE CHANGE.— 

15 For purposes of this section, the impact on climate change 

16 shall not be a factor in determining supply chain effi17 ciency. 

18 ‘‘(h) EFFECT OF OUTSOURCING OF AMERICAN

19 JOBS.—For purposes of this section, the outsourcing of 

20 American jobs in the production of a product shall not 

21 count as a positive factor in determining supply chain effi22 ciency. 

23 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 


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1 $10,000,000 for the period of fiscal years 2014 through 

2 2023.’’. 

3 Subtitle C—Electric Motor Rebate 

4 Program 

5 SEC. 321. ENERGY SAVING MOTOR CONTROL REBATE PRO6 GRAM. 

7 (a) ESTABLISHMENT.—Not later than January 1, 

8 2014, the Secretary shall establish a program to provide 

9 rebates for expenditures made by entities for the purchase 

10 and installation of a new constant speed electric motor 

11 control that reduces motor energy use by not less than 

12 5 percent. 

13 (b) REQUIREMENTS.— 

14 (1) APPLICATION.—To be eligible to receive a 

15 rebate under this section, an entity shall submit to 

16 the Secretary an application in such form, at such 

17 time, and containing such information as the Sec18 retary may require, including— 

19 (A) demonstrated evidence that the entity 

20 purchased a constant speed electric motor con21 trol that reduces motor energy use by not less 

22 than 5 percent; and 

23 (B) the physical nameplate of the installed 

24 motor of the entity to which the energy saving 

25 motor control is attached. 


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1 (2) AUTHORIZED AMOUNT OF REBATE.—The 

2 Secretary may provide to an entity that meets the 

3 requirements of paragraph (1) a rebate the amount 

4 of which shall be equal to the product obtained by 

5 multiplying— 

6 (A) the nameplate horsepower of the elec7 tric motor to which the energy saving motor 

8 control is attached; and 

9 (B) $25. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $5,000,000 for each of fiscal years 2014 and 2015, to re13 main available until expended. 

14 Subtitle D—Transformer Rebate 

15 Program 

16 SEC. 331. ENERGY EFFICIENT TRANSFORMER REBATE PRO17 GRAM. 

18 (a) DEFINITION OF QUALIFIED TRANSFORMER.—In 

19 this section, the term ‘‘qualified transformer’’ means a 

20 transformer that meets or exceeds the National Electrical 

21 Manufacturers Association (NEMA) Premium Efficiency 

22 designation, calculated to 2 decimal points, as having 30 

23 percent fewer losses than the NEMA TP–1–2002 effi24 ciency standard for a transformer of the same number of 

25 phases and capacity, as measured in kilovolt-amperes. 


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1 (b) ESTABLISHMENT.—Not later than January 1, 

2 2014, the Secretary shall establish a program under which 

3 rebates are provided for expenditures made by owners of 

4 industrial or manufacturing facilities, commercial build5 ings, and multifamily residential buildings for the pur6 chase and installation of a new energy efficient trans7 formers. 

8 (c) REQUIREMENTS.— 

9 (1) APPLICATION.—To be eligible to receive a 

10 rebate under this section, an owner shall submit to 

11 the Secretary an application in such form, at such 

12 time, and containing such information as the Sec13 retary may require, including demonstrated evidence 

14 that the owner purchased a qualified transformer. 

15 (2) AUTHORIZED AMOUNT OF REBATE.—For 

16 qualified transformers, rebates, in dollars per kilo17 volt-ampere (referred to in this paragraph as 

18 ‘‘kVA’’) shall be— 

19 (A) for 3-phase transformers— 

20 (i) with a capacity of not greater than 

21 10 kVA, 15; 

22 (ii) with a capacity of not less than 10 

23 kVA and not greater than 100 kVA, the 

24 difference between 15 and the quotient ob25 tained by dividing— 


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1 (I) the difference between— 

2 (aa) the capacity of the 

3 transformer in kVA; and 

4 (bb) 10; by 

5 (II) 9; and 

6 (iii) with a capacity greater than or 

7 equal to 100 kVA, 5; and 

8 (B) for single-phase transformers, 75 per9 cent of the rebate for a 3-phase transformer of 

10 the same capacity. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $5,000,000 for each of fiscal years 2014 and 2015, to re14 main available until expended. 

15 TITLE IV—FEDERAL AGENCY 

16 ENERGY EFFICIENCY 

17 SEC. 401. ADOPTION OF INFORMATION AND COMMUNICA18 TIONS TECHNOLOGY POWER SAVINGS TECH19 NIQUES BY FEDERAL AGENCIES. 

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

21 date of enactment of this Act, the Secretary, in consulta22 tion with the Secretary of Defense, the Secretary of Vet23 erans Affairs, and the Administrator of General Services, 

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1 ings through the use of information and communications 

2 technologies, including computer hardware, energy effi3 ciency software, and power management tools. 

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

5 than 180 days after the date of the issuance of the guid6 ance under subsection (a), each Federal agency shall sub7 mit to the Secretary a report that describes— 

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

9 guidance within the agency; and 

10 (2) estimated energy and financial savings from 

11 employing the tools and processes described in sub12 section (a). 

13 SEC. 402. AVAILABILITY OF FUNDS FOR DESIGN UPDATES. 

14 Section 3307 of title 40, United States Code, is 

15 amended— 

16 (1) by redesignating subsections (d) through (h) 

17 as subsections (e) through (i), respectively; and 

18 (2) by inserting after subsection (c) the fol19 lowing: 

20 ‘‘(d) AVAILABILITY OF FUNDS FOR DESIGN UP21 DATES.— 

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

23 for any project for which congressional approval is 

24 received under subsection (a) and for which the de25 sign has been substantially completed but construcVerDate Mar 15 2010 03:02 Apr 24, 2013 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S761.IS S761

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1 tion has not begun, the Administrator of General 

2 Services may use appropriated funds to update the 

3 project design to meet applicable Federal building 

4 energy efficiency standards established under section 

5 305 of the Energy Conservation and Production Act 

6 (42 U.S.C. 6834) and other requirements estab7 lished under section 3312. 

8 ‘‘(2) LIMITATION.—The use of funds under 

9 paragraph (1) shall not exceed 125 percent of the 

10 estimated energy or other cost savings associated 

11 with the updates as determined by a life cycle cost 

12 analysis under section 544 of the National Energy 

13 Conservation Policy Act (42 U.S.C. 8254).’’. 

14 SEC. 403. NATURAL GAS AND ELECTRIC VEHICLE INFRA15 STRUCTURE. 

16 Section 804(4) of the National Energy Conservation 

17 Policy Act (42 U.S.C. 8287c(4)) is amended— 

18 (1) in subparagraph (A), by striking ‘‘or’’ after 

19 the semicolon; 

20 (2) in subparagraph (B), by striking the period 

21 at the end and inserting ‘‘; or’’; and 

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

23 ‘‘(C) a measure to support the use of nat24 ural gas vehicles and electric vehicles or the 

25 fueling or charging infrastructure necessary for 


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1 natural gas vehicles and electric vehicles, in2 cluding the use of utility energy service con3 tracts to support those vehicles or infrastruc4 ture.’’. 

5 SEC. 404. FEDERAL DATA CENTER CONSOLIDATION. 

6 Not later than 180 days after the date of enactment 

7 of this Act, the Administrator for the Office of E-Govern8 ment and Information Technology within the Office of 

9 Management and Budget shall develop and publish a goal 

10 for the total amount of planned energy and cost savings 

11 and increased productivity by the Federal Government 

12 through the consolidation of Federal data centers during 

13 the 5-year period beginning on the date of enactment of 

14 this Act, which shall include a breakdown on a year-by15 year basis of the projected savings and productivity gains. 

16 TITLE V—MISCELLANEOUS 

17 SEC. 501. BUDGETARY EFFECTS. 

18 The budgetary effects of this Act, for the purpose of 

19 complying with the Statutory Pay-As-You-Go Act of 2010, 

20 shall be determined by reference to the latest statement 

21 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

22 Act, submitted for printing in the Congressional Record 

23 by the Chairman of the Senate Budget Committee, pro24 vided that such statement has been submitted prior to the 

25 vote on passage. 


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1 SEC. 502. ADVANCE APPROPRIATIONS REQUIRED. 

2 The authorization of amounts under this Act and the 

3 amendments made by this Act shall be effective for any 

4 fiscal year only to the extent and in the amount provided 

5 in advance in appropriations Acts. 

Æ 


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