II 

Calendar No. 70 

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, Mr. PORTMAN, Mr. COONS, and Ms. COLLINS) 

introduced the following bill; which was read twice and referred to the 

Committee on Energy and Natural Resources 

MAY 13, 2013 

Reported by Mr. WYDEN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 

TITLE I—BUILDINGS 

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. 

TITLE V—MISCELLANEOUS 

Sec. 501. Offset. 


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Sec. 502. Budgetary effects. 

Sec. 503. Advance appropriations required. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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

4 TITLE I—BUILDINGS 

5 Subtitle A—Building Energy Codes 

6 SEC. 101. GREATER ENERGY EFFICIENCY IN BUILDING 

7 CODES. 

8 (a) DEFINITIONS.—Section 303 of the Energy Con9 servation and Production Act (42 U.S.C. 6832) is amend10 ed— 

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

12 the following: 

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

14 term ‘model building energy code’ means a voluntary 

15 building energy code and standards developed and 

16 updated through a consensus process among inter17 ested persons, such as the IECC or the code used 

18 by— 

19 ‘‘(A) the Council of American Building Of20 ficials; 

21 ‘‘(B) the American Society of Heating, Re22 frigerating, and Air-Conditioning Engineers; or 

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

24 and 


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

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

3 International Energy Conservation Code. 

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

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

6 Native American Housing Assistance and Self-De7 termination Act of 1996 (25 U.S.C. 4103).’’. 

8 (b) STATE BUILDING ENERGY EFFICIENCY

9 CODES.—Section 304 of the Energy Conservation and 

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

11 follows: 

12 ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI13 CIENCY CODES. 

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

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

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

17 as appropriate, by local governments that meet or 

18 exceed the model building energy codes, or achieve 

19 equivalent or greater energy savings; and 

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

21 local codes. 

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

23 BUILDING ENERGY CODE UPDATES.— 

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

25 EACH STATE AND INDIAN TRIBE.— 


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

2 after the date on which a model building energy 

3 code is updated, each State or Indian tribe shall 

4 certify whether or not the State or Indian tribe, 

5 respectively, has reviewed and updated the en6 ergy provisions of the building code of the State 

7 or Indian tribe, respectively. 

8 ‘‘(B) DEMONSTRATION.—The certification 

9 shall include a demonstration of whether or not 

10 the energy savings for the code provisions that 

11 are in effect throughout the State or Indian 

12 tribal territory meet or exceed— 

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

14 model building energy code; or 

15 ‘‘(ii) the targets established under sec16 tion 307(b)(2). 

17 ‘‘(C) NO MODEL BUILDING ENERGY CODE

18 UPDATE.—If a model building energy code is 

19 not updated by a target date established under 

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

21 shall, not later than 2 years after the specified 

22 date, certify whether or not the State or Indian 

23 tribe, respectively, has reviewed and updated 

24 the energy provisions of the building code of the 


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1 State or Indian tribe, respectively, to meet or 

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

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

4 than 90 days after a State or Indian tribe certifi5 cation under paragraph (1), the Secretary shall— 

6 ‘‘(A) determine whether the code provi7 sions of the State or Indian tribe, respectively, 

8 meet the criteria specified in paragraph (1); 

9 and 

10 ‘‘(B) if the determination is positive, vali11 date the certification. 

12 ‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH BUILD13 ING ENERGY CODES.— 

14 ‘‘(1) REQUIREMENT.— 

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

16 after the date of a certification under sub17 section (b), each State and Indian tribe shall 

18 certify whether or not the State and Indian 

19 tribe, respectively, has— 

20 ‘‘(i) achieved full compliance under 

21 paragraph (3) with the applicable certified 

22 State and Indian tribe building energy 

23 code or with the associated model building 

24 energy code; or 


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1 ‘‘(ii) made significant progress under 

2 paragraph (4) toward achieving compliance 

3 with the applicable certified State and In4 dian tribe building energy code or with the 

5 associated model building energy code. 

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

7 State or Indian tribe certifies progress toward 

8 achieving compliance, the State or Indian tribe 

9 shall repeat the certification until the State or 

10 Indian tribe certifies that the State or Indian 

11 tribe has achieved full compliance, respectively. 

12 ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer13 tification under paragraph (1) shall include docu14 mentation of the rate of compliance based on— 

15 ‘‘(A) independent inspections of a random 

16 sample of the buildings covered by the code in 

17 the preceding year; or 

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

19 accurate measure of compliance. 

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

21 or Indian tribe shall be considered to achieve full 

22 compliance under paragraph (1) if— 

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

24 covered by the code in the preceding year sub25 stantially meets all the requirements of the apVerDate Mar 15 2010 22:41 May 13, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S761.RS S761

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1 plicable code specified in paragraph (1), or 

2 achieves equivalent or greater energy savings 

3 level; or 

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

5 buildings that did not meet the applicable code 

6 specified in paragraph (1) in the preceding 

7 year, compared to a baseline of comparable 

8 buildings that meet this code, is not more than 

9 5 percent of the estimated energy use of all 

10 buildings covered by this code during the pre11 ceding year. 

12 ‘‘(4) SIGNIFICANT PROGRESS TOWARD

13 ACHIEVEMENT OF COMPLIANCE.—A State or Indian 

14 tribe shall be considered to have made significant 

15 progress toward achieving compliance for purposes 

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

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

18 plan for achieving compliance during the 8- 

19 year-period beginning on the date of enactment 

20 of this paragraph, including annual targets for 

21 compliance and active training and enforcement 

22 programs; and 

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

24 subparagraph (A). 


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1 ‘‘(5) 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 State or In5 dian tribe has demonstrated meeting the cri6 teria of this subsection, including accurate 

7 measurement of compliance; and 

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

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

11 ACHIEVE COMPLIANCE.— 

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

13 has not made a certification required under sub14 section (b) or (c) by the applicable deadline shall 

15 submit to the Secretary a report on— 

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

17 with respect to meeting the requirements and 

18 submitting the certification; and 

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

20 and submitting the certification. 

21 ‘‘(2) FEDERAL SUPPORT.—For any State or In22 dian tribe for which the Secretary has not validated 

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

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1 ation for Federal support authorized under this sec2 tion for code adoption and compliance activities. 

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

4 Indian tribe for which the Secretary has not vali5 dated a certification under subsection (b) or (c), a 

6 local government may be eligible for Federal support 

7 by meeting the certification requirements of sub8 sections (b) and (c). 

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

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

11 annually submit to Congress, and publish in the 

12 Federal Register, a report on— 

13 ‘‘(i) the status of model building en14 ergy codes; 

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

16 compliance in the States and Indian tribes; 

17 ‘‘(iii) implementation of this section; 

18 and 

19 ‘‘(iv) improvements in energy savings 

20 over time as result of the targets estab21 lished under section 307(b)(2). 

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

23 estimates of impacts of past action under this 

24 section, and potential impacts of further action, 

25 on— 


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1 ‘‘(i) upfront financial and construction 

2 costs, cost benefits and returns (using in3 vestment analysis), and lifetime energy use 

4 for buildings; 

5 ‘‘(ii) resulting energy costs to individ6 uals and businesses; and 

7 ‘‘(iii) resulting overall annual building 

8 ownership and operating costs. 

9 ‘‘(e) TECHNICAL ASSISTANCE TO STATES AND IN10 DIAN TRIBES.—The Secretary shall provide technical as11 sistance to States and Indian tribes to implement the goals 

12 and requirements of this section, including procedures and 

13 technical analysis for States and Indian tribes— 

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

15 and commercial building energy codes; 

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

17 the States and Indian tribes achieve equivalent or 

18 greater energy savings than the model building en19 ergy codes and targets; 

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

21 building energy code; and 

22 ‘‘(4) to otherwise promote the design and con23 struction of energy efficient buildings. 

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


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

2 incentive funding to States and Indian tribes— 

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

4 section; 

5 ‘‘(B) to improve and implement residential 

6 and commercial building energy codes, including 

7 increasing and verifying compliance with the 

8 codes and training of State, tribal, and local 

9 building code officials to implement and enforce 

10 the codes; and 

11 ‘‘(C) to promote building energy efficiency 

12 through the use of the codes. 

13 ‘‘(2) ADDITIONAL FUNDING.—Additional fund14 ing shall be provided under this subsection for im15 plementation of a plan to achieve and document full 

16 compliance with residential and commercial building 

17 energy codes under subsection (c)— 

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

19 the Secretary has validated a certification under 

20 subsection (b) or (c); and 

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

22 eligible under subparagraph (A), to a local gov23 ernment that is eligible under this section. 

24 ‘‘(3) TRAINING.—Of the amounts made avail25 able under this subsection, the State may use 


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

2 State, to train State and local building code officials 

3 to implement and enforce codes described in para4 graph (2). 

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

6 grants under this subsection with local governments 

7 that implement and enforce the codes. 

8 ‘‘(g) STRETCH CODES AND ADVANCED STAND9 ARDS.— 

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

11 technical and financial support for the development 

12 of stretch codes and advanced standards for residen13 tial and commercial buildings for use as— 

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

15 energy code by local, tribal, or State govern16 ments; and 

17 ‘‘(B) guidelines for energy-efficient build18 ing design. 

19 ‘‘(2) TARGETS.—The stretch codes and ad20 vanced standards shall be designed— 

21 ‘‘(A) to achieve substantial energy savings 

22 compared to the model building energy codes; 

23 and 


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

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

3 the target years. 

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

5 building science experts from the National Laboratories 

6 and institutions of higher education, designers and build7 ers of energy-efficient residential and commercial build8 ings, code officials, and other stakeholders, shall under9 take a study of the feasibility, impact, economics, and 

10 merit of— 

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

12 buildings be designed, sited, and constructed in a 

13 manner that makes the buildings more adaptable in 

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

15 construction, as advances are achieved in energy-sav16 ing technologies; 

17 ‘‘(2) code procedures to incorporate measured 

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

19 and performance calculations; and 

20 ‘‘(3) legislative options for increasing energy 

21 savings from building energy codes, including addi22 tional incentives for effective State and local action, 

23 and verification of compliance with and enforcement 

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


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1 ‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this sec2 tion or section 307 supersedes or modifies the application 

3 of sections 321 through 346 of the Energy Policy and 

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

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

6 are authorized to be appropriated to carry out this section 

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

8 expended.’’. 

9 (c) FEDERAL BUILDING ENERGY EFFICIENCY

10 STANDARDS.—Section 305 of the Energy Conservation 

11 and Production Act (42 U.S.C. 6834) is amended by strik12 ing ‘‘voluntary building energy code’’ each place it appears 

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

14 building energy code’’. 

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

16 of the Energy Conservation and Production Act (42 

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

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

19 CODES. 

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

21 updating of model building energy codes. 

22 ‘‘(b) TARGETS.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall sup24 port the updating of the model building energy codes 


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1 to enable the achievement of aggregate energy sav2 ings targets established under paragraph (2). 

3 ‘‘(2) TARGETS.— 

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

5 work with State, Indian tribes, local govern6 ments, nationally recognized code and stand7 ards developers, and other interested parties to 

8 support the updating of model building energy 

9 codes by establishing one or more aggregate en10 ergy savings targets to achieve the purposes of 

11 this section. 

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

13 may establish separate targets for commercial 

14 and residential buildings. 

15 ‘‘(C) BASELINES.—The baseline for updat16 ing model building energy codes shall be the 

17 2009 IECC for residential buildings and 

18 ASHRAE Standard 90.1–2010 for commercial 

19 buildings. 

20 ‘‘(D) SPECIFIC YEARS.— 

21 ‘‘(i) IN GENERAL.—Targets for spe22 cific years shall be established and revised 

23 by the Secretary through rulemaking and 

24 coordinated with nationally recognized code 

25 and standards developers at a level that— 


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1 ‘‘(I) is at the maximum level of 

2 energy efficiency that is techno3 logically feasible and life-cycle cost ef4 fective, while accounting for the eco5 nomic considerations under paragraph 

6 (4); 

7 ‘‘(II) is higher than the preceding 

8 target; and 

9 ‘‘(III) promotes the achievement 

10 of commercial and residential high11 performance buildings through high 

12 performance energy efficiency (within 

13 the meaning of section 401 of the En14 ergy Independence and Security Act 

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

16 ‘‘(ii) INITIAL TARGETS.—Not later 

17 than 1 year after the date of enactment of 

18 this clause, the Secretary shall establish 

19 initial targets under this subparagraph. 

20 ‘‘(iii) DIFFERENT TARGET YEARS.— 

21 Subject to clause (i), prior to the applica22 ble year, the Secretary may set a later tar23 get year for any of the model building en24 ergy codes described in subparagraph (A) 


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1 if the Secretary determines that a target 

2 cannot be met. 

3 ‘‘(iv) SMALL BUSINESS.—When estab4 lishing targets under this paragraph 

5 through rulemaking, the Secretary shall 

6 ensure compliance with the Small Business 

7 Regulatory Enforcement Fairness Act of 

8 1996 (5 U.S.C. 601 note; Public Law 104– 

9 121). 

10 ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC11 TORS AFFECTING BUILDING ENERGY USE.—In es12 tablishing building code targets under paragraph 

13 (2), the Secretary shall develop and adjust the tar14 gets in recognition of potential savings and costs re15 lating to— 

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

17 lighting, windows, insulation, and building enve18 lope sealing; 

19 ‘‘(B) advancement of distributed genera20 tion and on-site renewable power generation 

21 technologies; 

22 ‘‘(C) equipment improvements for heating, 

23 cooling, and ventilation systems; 


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1 ‘‘(D) building management systems and 

2 SmartGrid technologies to reduce energy use; 

3 and 

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

5 building systems that the Secretary considers 

6 appropriate regarding building plug load and 

7 other energy uses. 

8 ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab9 lishing and revising building code targets under 

10 paragraph (2), the Secretary shall consider the eco11 nomic feasibility of achieving the proposed targets 

12 established under this section and the potential costs 

13 and savings for consumers and building owners, in14 cluding a return on investment analysis. 

15 ‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING

16 ENERGY CODE-SETTING AND STANDARD DEVELOPMENT

17 ORGANIZATIONS.— 

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

19 timely basis, provide technical assistance to model 

20 building energy code-setting and standard develop21 ment organizations consistent with the goals of this 

22 section. 

23 ‘‘(2) ASSISTANCE.—The assistance shall in24 clude, as requested by the organizations, technical 

25 assistance in— 


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1 ‘‘(A) evaluating code or standards pro2 posals or revisions; 

3 ‘‘(B) building energy analysis and design 

4 tools; 

5 ‘‘(C) building demonstrations; 

6 ‘‘(D) developing definitions of energy use 

7 intensity and building types for use in model 

8 building energy codes to evaluate the efficiency 

9 impacts of the model building energy codes; 

10 ‘‘(E) performance-based standards; 

11 ‘‘(F) evaluating economic considerations 

12 under subsection (b)(4); and 

13 ‘‘(G) developing model building energy 

14 codes by Indian tribes in accordance with tribal 

15 law. 

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

17 may submit timely model building energy code 

18 amendment proposals to the model building energy 

19 code-setting and standard development organiza20 tions, with supporting evidence, sufficient to enable 

21 the model building energy codes to meet the targets 

22 established under subsection (b)(2). 

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

24 shall make publicly available the entire calculation 

25 methodology (including input assumptions and data) 


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1 used by the Secretary to estimate the energy savings 

2 of code or standard proposals and revisions. 

3 ‘‘(d) DETERMINATION.— 

4 ‘‘(1) REVISION OF MODEL BUILDING ENERGY

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

6 Standard 90.1 regarding building energy use are re7 vised, the Secretary shall make a preliminary deter8 mination not later than 90 days after the date of the 

9 revision, and a final determination not later than 15 

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

11 not the revision will— 

12 ‘‘(A) improve energy efficiency in buildings 

13 compared to the existing model building energy 

14 code; and 

15 ‘‘(B) meet the applicable targets under 

16 subsection (b)(2). 

17 ‘‘(2) CODES OR STANDARDS NOT MEETING TAR18 GETS.— 

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

20 makes a preliminary determination under para21 graph (1)(B) that a code or standard does not 

22 meet the targets established under subsection 

23 (b)(2), the Secretary may at the same time pro24 vide the model building energy code or standard 

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1 sult in a model building energy code that meets 

2 the targets and with supporting evidence, tak3 ing into consideration— 

4 ‘‘(i) whether the modified code is tech5 nically feasible and life-cycle cost effective; 

6 ‘‘(ii) available appliances, technologies, 

7 materials, and construction practices; and 

8 ‘‘(iii) the economic considerations 

9 under subsection (b)(4). 

10 ‘‘(B) INCORPORATION OF CHANGES.— 

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

12 proposed changes, the model building en13 ergy code or standard developer shall have 

14 an additional 270 days to accept or reject 

15 the proposed changes of the Secretary to 

16 the model building energy code or standard 

17 for the Secretary to make a final deter18 mination. 

19 ‘‘(ii) FINAL DETERMINATION.—A 

20 final determination under paragraph (1) 

21 shall be on the modified model building en22 ergy code or standard. 

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

24 the Secretary shall— 


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

2 analysis and determinations under this section in the 

3 Federal Register to provide an explanation of and 

4 the basis for such actions, including any supporting 

5 modeling, data, assumptions, protocols, and cost6 benefit analysis, including return on investment; and 

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

8 on targets and supporting analysis and determina9 tions under this section. 

10 ‘‘(f) VOLUNTARY CODES AND STANDARDS.—Not11 withstanding any other provision of this section, any 

12 model building code or standard established under this 

13 section section 304 shall not be binding on a State, local 

14 government, or Indian tribe as a matter of Federal law.’’. 

15 Subtitle B—Worker Training and 

16 Capacity Building 

17 SEC. 111. BUILDING TRAINING AND ASSESSMENT CENTERS. 

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

19 grants to institutions of higher education (as defined in 

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

21 U.S.C. 1001)) and Tribal Colleges or Universities (as de22 fined in section 316(b) of that Act (20 U.S.C. 1059c(b))) 

23 to establish building training and assessment centers— 


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1 (1) to identify opportunities for optimizing en2 ergy efficiency and environmental performance in 

3 buildings; 

4 (2) to promote the application of emerging con5 cepts and technologies in commercial and institu6 tional buildings; 

7 (3) to train engineers, architects, building sci8 entists, building energy permitting and enforcement 

9 officials, and building technicians in energy-efficient 

10 design and operation; 

11 (4) to assist institutions of higher education 

12 and Tribal Colleges or Universities in training build13 ing technicians; 

14 (5) to promote research and development for 

15 the use of alternative energy sources and distributed 

16 generation to supply heat and power for buildings, 

17 particularly energy-intensive buildings; and 

18 (6) to coordinate with and assist State-accred19 ited technical training centers, community colleges, 

20 Tribal Colleges or Universities, and local offices of 

21 the National Institute of Food and Agriculture and 

22 ensure appropriate services are provided under this 

23 section to each region of the United States. 

24 (b) COORDINATION AND NONDUPLICATION.— 


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1 (1) IN GENERAL.—The Secretary shall coordi2 nate the program with the industrial research and 

3 assessment centers program and with other Federal 

4 programs to avoid duplication of effort. 

5 (2) COLLOCATION.—To the maximum extent 

6 practicable, building, training, and assessment cen7 ters established under this section shall be collocated 

8 with Industrial Assessment Centers. 

9 TITLE II—PRIVATE COMMER10 CIAL BUILDING EFFICIENCY 

11 FINANCING 

12 SEC. 201. PRIVATE COMMERCIAL BUILDING EFFICIENCY FI13 NANCING. 

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

15 program to be known as the ‘‘Commercial Building En16 ergy Efficiency Financing Initiative’’ under which the Sec17 retary shall provide grants to States (as defined in section 

18 3 of the Energy Policy and Conservation Act (42 U.S.C. 

19 6202)) to establish or expand programs to promote the 

20 financing of energy efficiency retrofit projects for private 

21 sector and commercial buildings. 

22 (b) APPLICATIONS.—A State may apply to the Sec23 retary for a grant under this section to establish or expand 

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


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1 (1) a commercial Property Assessed Clean En2 ergy (PACE) financing program; 

3 (2) a credit enhancement structure that is de4 signed to mitigate the effects of default, including a 

5 loan guarantee program, loan loss reserve program, 

6 collateral or subordinated capital program, or other 

7 program; 

8 (3) a revolving loan fund; 

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

10 savings performance contracts or utility energy serv11 ice contracts, or both; 

12 (5) a utility on-bill financing or repayment pro13 gram; 

14 (6) an interest buy-down program; 

15 (7) a secondary market financing program; 

16 (8) a leasing structure that recognizes energy 

17 costs and addresses split-incentives; 

18 (9) an educational program involving commer19 cial lenders, energy service companies, commercial 

20 building owners, and other stakeholders estab21 lished— 

22 (A) to provide information to the commu23 nity regarding program and project options and 

24 outcomes; and 


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1 (B) to build consensus on approaches to 

2 greater energy efficiency investments; and 

3 (10) any other activity that will significantly in4 crease the total investment in, and energy savings 

5 from, building retrofit projects and programs. 

6 (c) ADMINISTRATION.— 

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

8 under this section shall give a higher priority to pro9 grams and projects that— 

10 (A) leverage private sources of funding; 

11 and 

12 (B) aim explicitly to expand the use of en13 ergy efficiency project financing using private 

14 sources of funding, including philanthropic and 

15 other institutional investment. 

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

17 grant under this section is encouraged to consider 

18 establishing such other appropriate policies, incen19 tives, or actions that will advance the purposes of 

20 this section. 

21 (d) EVALUATION OF PROGRAMS.—The Secretary 

22 shall evaluate applications from States under this section 

23 on the basis of— 

24 (1) the likelihood that a proposed program or 

25 activity will— 


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1 (A) be established or expanded; 

2 (B) increase the total investment and en3 ergy savings of the retrofit projects to be sup4 ported; and 

5 (C) increase the total investment and en6 ergy savings in a State or region in which in7 vestments and energy savings have the greatest 

8 potential for growth as compared to other 

9 States or regions; and 

10 (2) other factors that will advance the purposes 

11 of this section, as determined by the Secretary. 

12 (e) REPORTS.— 

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

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

15 a State shall submit to the Secretary, the Committee 

16 on Energy and Natural Resources of the Senate, 

17 and the Committee on Energy and Commerce of the 

18 House of Representatives a report on the perform19 ance of programs and activities carried out with the 

20 grant. 

21 (2) DATA.— 

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

23 grant under this section and the Secretary shall 

24 cooperate to collect and share data resulting 


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1 from programs and activities carried out under 

2 this section. 

3 (B) DEPARTMENT DATABASES.—The Sec4 retary shall incorporate data described in sub5 paragraph (A) into appropriate databases of the 

6 Department of Energy, with provisions for the 

7 protection of confidential business data. 

8 (f) FUNDING.— 

9 (1) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to carry out 

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

12 years 2015 through 2020, to remain available until 

13 expended. 

14 (2) ALLOCATION.—Of the amount made avail15 able for a fiscal year under paragraph (1)— 

16 (A) 75 percent of the amount shall be allo17 cated on a formula-basis that is consistent with 

18 the formula used to allocate funds for State en19 ergy conservation programs established under 

20 part D of title III of the Energy Policy and 

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

22 determined by the Secretary; and 

23 (B) 25 percent of the amount shall be dis24 tributed by the Secretary consistent with the 


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1 evaluation criteria established under subsection 

2 (d). 

3 (3) STATE ENERGY OFFICES.—Funds provided 

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

5 office within the State that is responsible for devel6 oping the State energy plan for the State under part 

7 D of title III of the Energy Policy and Conservation 

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

9 SEC. 201. PRIVATE COMMERCIAL BUILDING EFFICIENCY FI10 NANCING. 

11 (a) IN GENERAL.—The Secretary shall establish a pro12 gram to be known as the ‘‘Commercial Building Energy 

13 Efficiency Financing Initiative’’ under which the Secretary 

14 shall provide grants to States (as defined in section 3 of 

15 the Energy Policy and Conservation Act (42 U.S.C. 6202)) 

16 to establish or expand programs to promote the financing 

17 of energy efficiency retrofit projects for private sector and 

18 commercial buildings. 

19 (b) APPLICATIONS.—A State may apply to the Sec20 retary for a grant under subsection (a) to establish or ex21 pand a program described in subsection (a), including— 

22 (1) a commercial Property Assessed Clean En23 ergy (PACE) financing program; 

24 (2) a credit enhancement structure that is de25 signed to mitigate the effects of default, including a 


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1 loan guarantee program, loan loss reserve program, 

2 collateral or subordinated capital program, or other 

3 program; 

4 (3) a revolving loan fund; 

5 (4) a program to promote the use of energy sav6 ings performance contracts or utility energy service 

7 contracts, or both; 

8 (5) a utility on-bill financing or repayment pro9 gram; 

10 (6) utility energy efficiency programs for all seg11 ments of the utility industry; 

12 (7) an interest buy-down program; 

13 (8) a secondary market financing program; 

14 (9) a leasing structure that recognizes energy 

15 costs and addresses split-incentives; 

16 (10) an educational program involving commer17 cial lenders, energy service companies, commercial 

18 building owners, and other stakeholders established— 

19 (A) to provide information to the commu20 nity regarding program and project options and 

21 outcomes; and 

22 (B) to build consensus on approaches to 

23 greater energy efficiency investments; and 


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1 (11) any other activity that will significantly in2 crease the total investment in, and energy savings 

3 from, building retrofit projects and programs. 

4 (c) ADMINISTRATION.— 

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

6 under subsection (a) shall give a higher priority to 

7 programs and projects that— 

8 (A) leverage private and non-Federal 

9 sources of funding; and 

10 (B) aim explicitly to expand the use of en11 ergy efficiency project financing using private 

12 sources of funding, including philanthropic and 

13 other institutional investment. 

14 (2) OTHER ACTIONS.—A State receiving a grant 

15 under this section is encouraged— 

16 (A) to consider establishing such other ap17 propriate policies, incentives, or actions that will 

18 advance the purposes of this section; and 

19 (B) to coordinate the activities described in 

20 subsections (a) and (d). 

21 (d) LARGE COMMERCIAL BUILDING EFFICIENCY FI22 NANCING INITIATIVES.— 

23 (1) IN GENERAL.—As part of this section, the 

24 Secretary shall conduct large commercial building ef25 ficiency financing initiatives to encourage States to 


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1 promote the financing of energy efficiency retrofit 

2 projects for larger private sector commercial, multi3 family, and mixed use buildings. 

4 (2) APPLICATIONS.—A State or a group of States 

5 may apply to the Secretary for a grant under this 

6 subsection to establish or expand programs to promote 

7 the purposes described in paragraph (1) through— 

8 (A) the facilitation of energy performance 

9 contracts in commercial, multifamily, and mixed 

10 use buildings by providing guarantees that cover 

11 owner default risk, but do not cover technology 

12 and other risks that are borne by the contractor; 

13 (B) actions by States to work together and 

14 with real estate owners, financiers, and other 

15 stakeholders to ensure multistate consistency, in16 cluding common underwriting standards; 

17 (C) minimum loan-to-value ratios; 

18 (D) minimum debt-to-income coverage ra19 tios; 

20 (E) a green leasing program; 

21 (F) a commercial Property Assessed Clean 

22 Energy (PACE) financing program; and 

23 (G) any other activity that will signifi24 cantly increase the total investment in, and enVerDate Mar 15 2010 22:41 May 13, 2013 Jkt 029200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\S761.RS S761

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1 ergy savings from, building retrofit projects and 

2 programs. 

3 (3) LEVERAGING PRIVATE SECTOR FINANCING.— 

4 A State receiving a grant under this subsection shall 

5 focus on leveraging private sources of funds and work6 ing with real estate lenders, financiers, and building 

7 owners to assist in expanding the reach of the pro8 gram established under this subsection. 

9 (4) MULTISTATE FACILITATION.—The Secretary 

10 shall consult with States and relevant stakeholders 

11 with applicable expertise to establish a process to 

12 identify eligible lenders, financiers, and building 

13 owners with real estate asset portfolios across multiple 

14 States that may be eligible for the efficiency financing 

15 initiatives conducted under this subsection. 

16 (e) EVALUATION OF PROGRAMS.—The Secretary shall 

17 evaluate applications from States under this section on the 

18 basis of— 

19 (1) the likelihood that a proposed program or ac20 tivity will— 

21 (A) be established or expanded; 

22 (B) increase the total investment and en23 ergy savings of the retrofit projects to be sup24 ported; and 


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1 (C) increase the total investment and energy 

2 savings in a State or region in which invest3 ments and energy savings have the greatest po4 tential for growth as compared to other States or 

5 regions; 

6 (2) in the case of large commercial building effi7 ciency financing initiatives conducted under sub8 section (d), evidence of multistate cooperation and co9 ordination with real estate lenders, financiers, and 

10 owners; and 

11 (3) other factors that will advance the purposes 

12 of this section, as determined by the Secretary. 

13 (f) REPORTS.— 

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

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

16 a State shall submit to the Secretary, the Committee 

17 on Energy and Natural Resources of the Senate, and 

18 the Committee on Energy and Commerce of the House 

19 of Representatives a report on the performance of pro20 grams and activities carried out with the grant. 

21 (2) DATA.— 

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

23 grant under this section and the Secretary shall 

24 cooperate to collect and share data resulting from 


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1 programs and activities carried out under this 

2 section. 

3 (B) DEPARTMENT DATABASES.—The Sec4 retary shall incorporate data described in sub5 paragraph (A) into appropriate databases of the 

6 Department of Energy, with provisions for the 

7 protection of confidential business data. 

8 (g) FUNDING.— 

9 (1) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to carry out 

11 this section $250,000,000, to remain available until 

12 expended. 

13 (2) ALLOCATION.—Of the amount made avail14 able for a fiscal year under paragraph (1)— 

15 (A) 50 percent of the amount shall be allo16 cated on a formula-basis that is consistent with 

17 the formula used to allocate funds for State en18 ergy conservation programs established under 

19 part D of title III of the Energy Policy and Con20 servation Act (42 U.S.C. 6321 et seq.), as deter21 mined by the Secretary; and 

22 (B) 50 percent of the amount shall be allo23 cated to large commercial building financing 

24 initiatives conducted under subsection (d), with 

25 no individual State receiving more than 10 perVerDate Mar 15 2010 22:41 May 13, 2013 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\S761.RS S761

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1 cent of the amount made available for a fiscal 

2 year under this subparagraph. 

3 (3) STATE ENERGY OFFICES.—Funds provided to 

4 a State under this section shall be provided to the of5 fice within the State that is responsible for developing 

6 the State energy plan for the State under part D of 

7 title III of the Energy Policy and Conservation Act 

8 (42 U.S.C. 6321 et seq.). 

9 (4) LOANS.—No funds made available under this 

10 section may be used to provide direct Federal loans 

11 for purposes of any of the programs or activities de12 scribed in subsection (b). 

13 TITLE III—INDUSTRIAL EFFI14 CIENCY AND COMPETITIVE15 NESS 

16 Subtitle A—Manufacturing Energy 

17 Efficiency 

18 SEC. 301. PURPOSES. 

19 The purposes of this subtitle are— 

20 (1) to reform and reorient the industrial effi21 ciency programs of the Department of Energy; 

22 (2) to establish a clear and consistent authority 

23 for industrial efficiency programs of the Depart24 ment; 


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1 (3) to accelerate the deployment of technologies 

2 and practices that will increase industrial energy ef3 ficiency and improve productivity; 

4 (4) to accelerate the development and dem5 onstration of technologies that will assist the deploy6 ment goals of the industrial efficiency programs of 

7 the Department and increase manufacturing effi8 ciency; 

9 (5) to stimulate domestic economic growth and 

10 improve industrial productivity and competitiveness; 

11 and 

12 (6) to strengthen partnerships between Federal 

13 and State governmental agencies and the private 

14 and academic sectors. 

15 SEC. 302. FUTURE OF INDUSTRY PROGRAM. 

16 (a) IN GENERAL.—Section 452 of the Energy Inde17 pendence and Security Act of 2007 (42 U.S.C. 17111) is 

18 amended by striking the section heading and inserting the 

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

20 (b) DEFINITION OF ENERGY SERVICE PROVIDER.— 

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

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

23 (1) by redesignating paragraphs (3) through 

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

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


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

2 ‘energy service provider’ means any business pro3 viding technology or services to improve the energy 

4 efficiency, power factor, or load management of a 

5 manufacturing site or other industrial process in an 

6 energy-intensive industry, or any utility operating 

7 under a utility energy service project.’’. 

8 (c) INDUSTRIAL RESEARCH AND ASSESSMENT CEN9 TERS.— 

10 (1) IN GENERAL.—Section CENTERS.—Section 

11 452(e) of the Energy Independence and Security Act 

12 of 2007 (42 U.S.C. 17111(e)) is amended— 

13 (A) (1) by redesignating paragraphs (1) 

14 through (5) as subparagraphs (A) through (E), re15 spectively, and indenting appropriately; 

16 (B) (2) by striking ‘‘The Secretary’’ and insert17 ing the following: 

18 ‘‘(1) IN GENERAL.—The Secretary’’; 

19 (C) (3) in subparagraph (A) (as redesignated by 

20 subparagraph (A) paragraph (1)), by inserting be21 fore the semicolon at the end the following: ‘‘, in22 cluding assessments of sustainable manufacturing 

23 goals and the implementation of information tech24 nology advancements for supply chain analysis, loVerDate Mar 15 2010 22:41 May 13, 2013 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S761.RS S761

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1 gistics, system monitoring, industrial and manufac2 turing processes, and other purposes’’; and 

3 (D) (4) by adding at the end the following: 

4 ‘‘(2) COORDINATION.— 

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

6 and capabilities of the industrial research and 

7 assessment centers, the centers shall— 

8 ‘‘(i) coordinate with Manufacturing 

9 Extension Partnership Centers of the Na10 tional Institute of Standards and Tech11 nology; 

12 ‘‘(ii) coordinate with the Building 

13 Technologies Program of the Department 

14 of Energy to provide building assessment 

15 services to manufacturers; 

16 ‘‘(iii) increase partnerships with the 

17 National Laboratories of the Department 

18 of Energy to leverage the expertise and 

19 technologies of the National Laboratories 

20 for national industrial and manufacturing 

21 needs; 

22 ‘‘(iv) increase partnerships with en23 ergy service providers and technology pro24 viders to leverage private sector expertise 

25 and accelerate deployment of new and exVerDate Mar 15 2010 22:41 May 13, 2013 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S761.RS S761

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1 isting technologies and processes for en2 ergy efficiency, power factor, and load 

3 management; 

4 ‘‘(v) identify opportunities for reduc5 ing greenhouse gas emissions; and 

6 ‘‘(vi) promote sustainable manufac7 turing practices for small- and medium8 sized manufacturers. 

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

10 funding for— 

11 ‘‘(A) outreach activities by the industrial 

12 research and assessment centers to inform 

13 small- and medium-sized manufacturers of the 

14 information, technologies, and services avail15 able; and 

16 ‘‘(B) coordination activities by each indus17 trial research and assessment center to leverage 

18 efforts with— 

19 ‘‘(i) Federal and State efforts; 

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

21 service providers; 

22 ‘‘(iii) the efforts of regional energy ef23 ficiency organizations; and 

24 ‘‘(iv) the efforts of other industrial re25 search and assessment centers. 


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1 ‘‘(4) WORKFORCE TRAINING.— 

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

3 pay the Federal share of associated internship 

4 programs under which students work with or 

5 for industries, manufacturers, and energy serv6 ice providers to implement the recommendations 

7 of industrial research and assessment centers. 

8 ‘‘(B) FEDERAL SHARE.—The Federal 

9 share of the cost of carrying out internship pro10 grams described in subparagraph (A) shall be 

11 50 percent. 

12 ‘‘(5) SMALL BUSINESS LOANS.—The Adminis13 trator of the Small Business Administration shall, to 

14 the maximum extent practicable, expedite consider15 ation of applications from eligible small business 

16 concerns for loans under the Small Business Act (15 

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

18 of industrial research and assessment centers estab19 lished under paragraph (1). 

20 ‘‘(6) ADVANCED MANUFACTURING STEERING

21 COMMITTEE.—The Secretary shall establish an advi22 sory steering committee to provide recommendations 

23 to the Secretary on planning and implementation of 

24 the Advanced Manufacturing Office of the Depart25 ment of Energy.’’. 


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1 SEC. 303. SUSTAINABLE MANUFACTURING INITIATIVE. 

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

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

4 by adding at the end the following: 

5 ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. 

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

7 Efficiency and Renewable Energy, the Secretary, on the 

8 request of a manufacturer, shall conduct onsite technical 

9 assessments to identify opportunities for— 

10 ‘‘(1) maximizing the energy efficiency of indus11 trial processes and cross-cutting systems; 

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

13 ‘‘(3) improving efficient use of water in manu14 facturing processes; 

15 ‘‘(4) conserving natural resources; and 

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

17 determines to be appropriate. 

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

19 the initiative in coordination with the private sector and 

20 appropriate agencies, including the National Institute of 

21 Standards and Technology, to accelerate adoption of new 

22 and existing technologies and processes that improve en23 ergy efficiency. 

24 ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM FOR

25 SUSTAINABLE MANUFACTURING AND INDUSTRIAL TECH26 NOLOGIES AND PROCESSES.—As part of the industrial efVerDate Mar 15 2010 22:41 May 13, 2013 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S761.RS S761

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1 ficiency programs of the Department of Energy, the Sec2 retary shall carry out a joint industry-government partner3 ship program to research, develop, and demonstrate new 

4 sustainable manufacturing and industrial technologies and 

5 processes that maximize the energy efficiency of industrial 

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

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

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

9 6201) is amended by adding at the end of the items relat10 ing to part E of title III the following: 

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

11 SEC. 304. CONFORMING AMENDMENTS. 

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

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

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

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

16 13453, 13456) are repealed. 

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

18 (42 U.S.C. 13451(a)) is amended in the third sentence 

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

20 2107, and 2108’’ and inserting ‘‘sections 2102, 2104, 

21 2105, 2106, and 2108, 2108 of this Act and section 376 

22 of the Energy Policy and Conservation Act,’’. 


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1 Subtitle B—Supply Star 

2 SEC. 311. SUPPLY STAR. 

3 The Energy Policy and Conservation Act is amended 

4 by inserting after section 324A (42 U.S.C. 6294a) the fol5 lowing: 

6 ‘‘SEC. 324B. SUPPLY STAR PROGRAM. 

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

8 Department of Energy a Supply Star program to identify 

9 and promote practices, recognize companies, and, as ap10 propriate, recognize products that use highly efficient sup11 ply chains in a manner that conserves energy, water, and 

12 other resources. 

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

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

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

16 and 

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

18 program established under section 324A. 

19 ‘‘(c) DUTIES.—In carrying out the Supply Star pro20 gram described in subsection (a), the Secretary shall— 

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

22 and, as appropriate, recognize products that comply 

23 with the Supply Star program as the preferred prac24 tices, companies, and products in the marketplace 

25 for maximizing supply chain efficiency; 


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

2 awareness of the Supply Star program; 

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

4 chain energy resource consumption; 

5 ‘‘(4) develop and disseminate metrics, proc6 esses, and analytical tools (including software) for 

7 evaluating supply chain energy resource use; 

8 ‘‘(5) develop guidance at the sector level for im9 proving supply chain efficiency; 

10 ‘‘(6) work with domestic and international orga11 nizations to harmonize approaches to analyzing sup12 ply chain efficiency, including the development of a 

13 consistent set of tools, templates, calculators, and 

14 databases; and 

15 ‘‘(7) work with industry, including small busi16 nesses, to improve supply chain efficiency through 

17 activities that include— 

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

19 and 

20 ‘‘(B) providing opportunities to benchmark 

21 supply chain efficiency. 

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

23 chain efficiency carried out by the Secretary with respect 

24 to a specific product, the Secretary shall consider energy 

25 consumption and resource use throughout the entire 


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1 lifecycle of a product, including production, transport, 

2 packaging, use, and disposal. 

3 ‘‘(e) GRANTS AND INCENTIVES.— 

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

5 grants or other forms of incentives on a competitive 

6 basis to eligible entities, as determined by the Sec7 retary, for the purposes of— 

8 ‘‘(A) studying supply chain energy resource 

9 efficiency; and 

10 ‘‘(B) demonstrating and achieving reduc11 tions in the energy resource consumption of 

12 commercial products through changes and im13 provements to the production supply and dis14 tribution chain of the products. 

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

16 or data generated as a result of the grants or incen17 tives described in paragraph (1) shall be used to in18 form the development of the Supply Star Program. 

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

20 support professional training programs to develop and 

21 communicate methods, practices, and tools for improving 

22 supply chain efficiency. 

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

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


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1 shall not be a factor in determining supply chain effi2 ciency. 

3 ‘‘(h) EFFECT OF OUTSOURCING OF AMERICAN

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

5 American jobs in the production of a product shall not 

6 count as a positive factor in determining supply chain effi7 ciency. 

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

9 authorized to be appropriated to carry out this section 

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

11 2023.’’. 

12 Subtitle C—Electric Motor Rebate 

13 Program 

14 SEC. 321. ENERGY SAVING MOTOR CONTROL REBATE PRO15 GRAM. 

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

17 2014, the Secretary shall establish a program to provide 

18 rebates for expenditures made by entities for the purchase 

19 and installation of a new constant speed electric motor 

20 control that reduces motor energy use by not less than 

21 5 percent. 

22 (b) REQUIREMENTS.— 

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

24 rebate under this section, an entity shall submit to 

25 the Secretary an application in such form, at such 


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1 time, and containing such information as the Sec2 retary may require, including— 

3 (A) demonstrated evidence that the entity 

4 purchased a constant speed electric motor con5 trol that reduces motor energy use by not less 

6 than 5 percent; and 

7 (B) the physical nameplate of the installed 

8 motor of the entity to which the energy saving 

9 motor control is attached. 

10 (2) AUTHORIZED AMOUNT OF REBATE.—The 

11 Secretary may provide to an entity that meets the 

12 requirements of paragraph (1) a rebate the amount 

13 of which shall be equal to the product obtained by 

14 multiplying— 

15 (A) the nameplate horsepower of the elec16 tric motor to which the energy saving motor 

17 control is attached; and 

18 (B) $25. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $5,000,000 for each of fiscal years 2014 and 2015, to re22 main available until expended. 


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1 Subtitle D—Transformer Rebate 

2 Program 

3 SEC. 331. ENERGY EFFICIENT TRANSFORMER REBATE PRO4 GRAM. 

5 (a) DEFINITION OF QUALIFIED TRANSFORMER.—In 

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

7 transformer that meets or exceeds the National Electrical 

8 Manufacturers Association (NEMA) Premium Efficiency 

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

10 percent fewer losses than the NEMA TP–1–2002 effi11 ciency standard for a transformer of the same number of 

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

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

14 2014, the Secretary shall establish a program under which 

15 rebates are provided for expenditures made by owners of 

16 industrial or manufacturing facilities, commercial build17 ings, and multifamily residential buildings for the pur18 chase and installation of a new energy efficient trans19 formers. 

20 (c) REQUIREMENTS.— 

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

22 rebate under this section, an owner shall submit to 

23 the Secretary an application in such form, at such 

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1 retary may require, including demonstrated evidence 

2 that the owner purchased a qualified transformer. 

3 (2) AUTHORIZED AMOUNT OF REBATE.—For 

4 qualified transformers, rebates, in dollars per kilo5 volt-ampere (referred to in this paragraph as 

6 ‘‘kVA’’) shall be— 

7 (A) for 3-phase transformers— 

8 (i) with a capacity of not greater than 

9 10 kVA, 15; 

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

11 kVA and not greater than 100 kVA, the 

12 difference between 15 and the quotient ob13 tained by dividing— 

14 (I) the difference between— 

15 (aa) the capacity of the 

16 transformer in kVA; and 

17 (bb) 10; by 

18 (II) 9; and 

19 (iii) with a capacity greater than or 

20 equal to 100 kVA, 5; and 

21 (B) for single-phase transformers, 75 per22 cent of the rebate for a 3-phase transformer of 

23 the same capacity. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section 


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1 $5,000,000 for each of fiscal years 2014 and 2015, to re2 main available until expended. 

3 (e) TERMINATION OF EFFECTIVENESS.—The authority 

4 provided by this section terminates effective December 31, 

5 2015. 

6 TITLE IV—FEDERAL AGENCY 

7 ENERGY EFFICIENCY 

8 SEC. 401. ADOPTION OF INFORMATION AND COMMUNICA9 TIONS TECHNOLOGY POWER SAVINGS TECH10 NIQUES BY FEDERAL AGENCIES. 

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

12 date of enactment of this Act, the Secretary, in consulta13 tion with the Secretary of Defense, the Secretary of Vet14 erans Affairs, and the Administrator of General Services, 

15 shall issue guidance for Federal agencies to employ ad16 vanced tools promoting energy efficiency and energy sav17 ings through the use of information and communications 

18 technologies, including computer hardware, operation and 

19 maintenance processes, energy efficiency software, and 

20 power management tools. 

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

22 than 180 days after the date of the issuance of the guid23 ance under subsection (a), each Federal agency shall sub24 mit to the Secretary a report that describes— 


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

2 guidance within the agency; and 

3 (2) estimated energy and financial savings from 

4 employing the tools and processes described in sub5 section (a). 

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

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

8 amended— 

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

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

11 (2) by inserting after subsection (c) the fol12 lowing: 

13 ‘‘(d) AVAILABILITY OF FUNDS FOR DESIGN UP14 DATES.— 

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

16 for any project for which congressional approval is 

17 received under subsection (a) and for which the de18 sign has been substantially completed but construc19 tion has not begun, the Administrator of General 

20 Services may use appropriated funds to update the 

21 project design to meet applicable Federal building 

22 energy efficiency standards established under section 

23 305 of the Energy Conservation and Production Act 

24 (42 U.S.C. 6834) and other requirements estab25 lished under section 3312. 


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

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

3 estimated energy or other cost savings associated 

4 with the updates as determined by a life cycle cost 

5 analysis under section 544 of the National Energy 

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

7 SEC. 403. NATURAL GAS AND ELECTRIC VEHICLE INFRA8 STRUCTURE. 

9 Section 804(4) of the National Energy Conservation 

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

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

12 the semicolon; 

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

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

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

16 ‘‘(C) a measure to support the use of nat17 ural gas vehicles and electric vehicles or the 

18 fueling or charging infrastructure necessary for 

19 natural gas vehicles and electric vehicles, in20 cluding the use of utility energy service con21 tracts to support those vehicles or infrastruc22 ture.’’. 


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1 SEC. 403. NATURAL GAS AND ELECTRIC VEHICLE INFRA2 STRUCTURE. 

3 (a) UTILITY INCENTIVE PROGRAMS.—Section 

4 546(c)(1) of the National Energy Conservation Policy Act 

5 (42 U.S.C. 8256(c)(1)) is amended by inserting ‘‘(including 

6 measures to support the use of natural gas vehicles and elec7 tric vehicles or the fueling or charging infrastructure nec8 essary for natural gas vehicles and electric vehicles)’’ after 

9 ‘‘demand’’. 

10 (b) ENERGY SAVINGS PERFORMANCE CONTRACTS.— 

11 Section 804(4) of the National Energy Conservation Policy 

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

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

14 the semicolon; 

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

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

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

18 ‘‘(C) a measure to support the use of nat19 ural gas vehicles and electric vehicles or the fuel20 ing or charging infrastructure necessary for nat21 ural gas vehicles and electric vehicles, including 

22 the use of utility energy service contracts to sup23 port those vehicles or infrastructure.’’. 

24 SEC. 404. FEDERAL DATA CENTER CONSOLIDATION. 

25 Not later than 180 days after the date of enactment 

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1 ment and Information Technology within the Office of 

2 Management and Budget shall develop and publish a goal 

3 for the total amount of planned energy and cost savings 

4 and increased productivity by the Federal Government 

5 through the consolidation of Federal data centers during 

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

7 this Act, which shall include a breakdown on a year-by8 year basis of the projected savings and productivity gains. 

9 TITLE V—MISCELLANEOUS 

10 SEC. 501. OFFSET. 

11 Section 422(f) of the Energy Independence and Secu12 rity Act of 2007 (42 U.S.C. 17082(f)) is amended— 

13 (1) in paragraph (3), by striking ‘‘and’’ after the 

14 semicolon at the end; and 

15 (2) by striking paragraph (4) and inserting the 

16 following: 

17 ‘‘(4) $200,000,000 for fiscal year 2013; 

18 ‘‘(5) $130,000,000 for fiscal year 2014; and 

19 ‘‘(6) $100,000,000 for each of fiscal years 2015 

20 through 2017.’’. 

21 SEC. 501.502. BUDGETARY EFFECTS. 

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

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

24 shall be determined by reference to the latest statement 

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


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1 Act, submitted for printing in the Congressional Record 

2 by the Chairman of the Senate Budget Committee, pro3 vided that such statement has been submitted prior to the 

4 vote on passage. 

5 SEC. 502.503. ADVANCE APPROPRIATIONS REQUIRED. 

6 The authorization of amounts under this Act and the 

7 amendments made by this Act shall be effective for any 

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

9 in advance in appropriations Acts. 


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Calendar No. 70 

113TH CONGRESS 

1ST SESSION S. 761 

A BILL 

To promote energy savings in residential and compurposes. mercial buildings and industry, and for other 

MAY 13, 2013 

Reported with amendments 


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