II 

111TH CONGRESS 

1ST SESSION S. 1830 

To establish the Chief Conservation Officers Council to improve the energy 

efficiency of Federal agencies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21, 2009 

Ms. COLLINS (for herself, Mr. LIEBERMAN, and Mr. CARPER) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To establish the Chief Conservation Officers Council to improve the energy efficiency of Federal agencies, 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. 

4 This Act may be cited as the ‘‘Federal Agency En5 ergy Efficiency Improvement Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) CHIEF CONSERVATION OFFICER.—The term 

9 ‘‘Chief Conservation Officer’’ means an individual 


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1 designated as a Chief Conservation Officer under 

2 section 3(a)(1). 

3 (2) COUNCIL.—The term ‘‘Council’’ means the 

4 Chief Conservation Officers Council established by 

5 section 4(a). 

6 (3) FEDERAL AGENCY.—The term ‘‘Federal 

7 agency’’ means an agency of the Federal Govern8 ment described in section 901(b) of title 31, United 

9 States Code. 

10 SEC. 3. CHIEF CONSERVATION OFFICERS. 

11 (a) DESIGNATION.— 

12 (1) IN GENERAL.—As soon as practicable after 

13 the date of enactment of this Act, each head of a 

14 Federal agency shall designate a Chief Conservation 

15 Officer. 

16 (2) REQUIREMENTS.— 

17 (A) EMPLOYMENT STATUS.—An individual 

18 designated as a Chief Conservation Officer 

19 under paragraph (1) shall serve in a Senior Ex20 ecutive Service position. 

21 (B) PRIMARY RESPONSIBILITY.— 

22 (i) IN GENERAL.—The primary re23 sponsibility of an individual designated as 

24 a Chief Conservation Officer for a Federal 

25 agency under paragraph (1) shall be to 


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1 serve as Chief Conservation Officer for the 

2 Federal agency. 

3 (ii) OTHER CAPACITIES.—Subject to 

4 clause (i), an individual described in clause 

5 (i) may serve in another capacity in the 

6 Federal Government. 

7 (3) AGENCY ENVIRONMENTAL EXECUTIVES.—If 

8 the head of a Federal agency has designated an 

9 Agency Environmental Executive in accordance with 

10 Executive Order 13101 (63 Fed. Reg. 49643), the 

11 head of the Federal agency may designate the Agen12 cy Environmental Executive as a Chief Conservation 

13 Officer. 

14 (b) GENERAL RESPONSIBILITIES.—A Chief Con15 servation Officer of a Federal agency shall— 

16 (1) ensure that the Federal agency— 

17 (A) complies with each energy policy of the 

18 Federal Government; and 

19 (B) takes steps to ensure the compliance of 

20 the Federal agency with each energy policy of 

21 the Federal Government; 

22 (2) provide advice and other assistance to the 

23 head of the Federal agency (including other applica24 ble senior executive management personnel of the 

25 Federal agency) to enhance the conservation efforts 


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1 of the Federal agency (including the review of acqui2 sition plans and requirements developments at the 

3 earliest practicable stage in a contracting process); 

4 (3) collect data to determine— 

5 (A) the energy consumption of each build6 ing owned or operated by the Federal agency; 

7 and 

8 (B) the energy consumption of major 

9 equipment located within each building de10 scribed in subparagraph (A); 

11 (4) provide to the Council the results of the 

12 data collected under paragraph (3); 

13 (5) develop and implement policies for the Fed14 eral agency to minimize the quantities of energy con15 sumed by the Federal agency; 

16 (6) collect additional data as requested by the 

17 Council; 

18 (7) take actions— 

19 (A) to increase the energy efficiency of the 

20 Federal agency; and 

21 (B) to maintain or increase the energy se22 curity and cost savings of the Federal agency; 

23 (8) develop, facilitate, and maintain the imple24 mentation of a sound energy efficiency information 

25 technology architecture for the Federal agency; 


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1 (9) promote the effective and efficient design 

2 and operation of all major information resources 

3 management processes of the Federal agency; and 

4 (10) participate in each activity carried out by 

5 the Council. 

6 (c) DUTIES.— 

7 (1) PRIMARY DUTY.—A Chief Conservation Of8 ficer shall be responsible for the management of the 

9 energy efficiency of the Federal agency under the ju10 risdiction of the Chief Conservation Officer. 

11 (2) GENERAL DUTIES.—In carrying out the pri12 mary duty of the Chief Conservation Officer under 

13 paragraph (1), the Chief Conservation Officer 

14 shall— 

15 (A) monitor the performance of each en16 ergy efficiency program of the Federal agency; 

17 (B) evaluate the performance of each pro18 gram described in subparagraph (A) on the 

19 basis of applicable performance measurements, 

20 as determined by the Chief Conservation Offi21 cer; 

22 (C) advise the head of the Federal agency 

23 regarding whether to continue, modify, or ter24 minate any program or project carried out by 

25 the Federal agency; and 


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1 (D) in conjunction with the Chief Informa2 tion Officer of the Federal agency, prepare an 

3 energy usage report, which shall— 

4 (i) include data regarding the infor5 mation technology energy usage of the 

6 Federal agency; and 

7 (ii) be included in the first budget 

8 submitted to Congress under section 

9 1105(a) of title 31, United States Code, 

10 after the report is prepared. 

11 SEC. 4. CHIEF CONSERVATION OFFICERS COUNCIL. 

12 (a) ESTABLISHMENT.—There is established in the ex13 ecutive branch a council to be known as the ‘‘Chief Con14 servation Officers Council’’. 

15 (b) COMPOSITION.—The Council shall be composed 

16 of— 

17 (1) the Secretary of Energy; 

18 (2) the Administrator of the Environmental 

19 Protection Agency; 

20 (3) the Deputy Director for Management of the 

21 Office of Management and Budget; 

22 (4) the Program Manager for the Federal En23 ergy Management Program of the Department of 

24 Energy; 


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1 (5) the Chief Information Officer of each Fed2 eral agency; 

3 (6) each Chief Conservation Officer; 

4 (7) the Federal Environmental Executive; and 

5 (8) any other officer or employee of the Federal 

6 Government, as designated by the Chairperson or 

7 Vice Chairperson. 

8 (c) CHAIRPERSON; VICE CHAIRPERSON.— 

9 (1) CHAIRPERSON.—The Deputy Director for 

10 Management of the Office of Management and 

11 Budget shall serve as the Chairperson of the Coun12 cil. 

13 (2) VICE CHAIRPERSON.—The Program Man14 ager for the Federal Energy Management Program 

15 of the Department of Energy shall serve as the Vice 

16 Chairperson of the Council. 

17 (d) DUTIES OF CERTAIN HEADS OF FEDERAL AGEN18 CIES.— 

19 (1) SECRETARY OF ENERGY.—The Secretary of 

20 Energy shall carry out each activity of the Council 

21 on behalf of the Chairperson of the Council. 

22 (2) ADMINISTRATOR OF GENERAL SERVICES.— 

23 The Administrator of General Services shall provide 

24 administrative and other related support to the 

25 Council. 


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1 (e) FUNCTION.—The Council shall function as the 

2 principal interagency forum for improving the practices of 

3 Federal agencies relating to the design, acquisition, devel4 opment, modernization, use, operation, sharing, and per5 formance of energy efficiency efforts of the Federal Gov6 ernment. 

7 (f) DUTIES OF COUNCIL.— 

8 (1) IN GENERAL.—The Council shall carry out 

9 appropriate actions, including the collection of infor10 mation from each Chief Conservation Officer regard11 ing the energy usage of the Federal agency of the 

12 Chief Conservation Officer, including the ratio 

13 that— 

14 (A) the equipment energy usage of the 

15 Federal agency; bears to 

16 (B) the building energy usage of the Fed17 eral agency. 

18 (2) EFFICIENCY DUTIES.—The Council shall— 

19 (A) require each Chief Conservation Offi20 cer to collect and report any necessary addi21 tional energy usage data of the Federal agency 

22 of the Chief Conservation Officer; 

23 (B) assist each Chief Conservation Officer 

24 in developing energy baselines and goals; 


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1 (C) provide guidance and develop rec2 ommendations for each Chief Conservation Offi3 cer to assist each Chief Conservation Officer in 

4 developing policies to enable the Federal agency 

5 of the Chief Conservation Officer to meet the 

6 energy efficiency goals of the Federal agency; 

7 (D) provide guidance and develop rec8 ommendations for each Chief Conservation Offi9 cer to assist each Chief Conservation Officer in 

10 implementing energy policies; 

11 (E) share experiences, ideas, best prac12 tices, and innovative approaches relating to the 

13 development of energy efficiencies; 

14 (F) develop a universal metric to be used 

15 by Federal agencies to measure the effective16 ness of the conservation efforts of the Federal 

17 agencies; and 

18 (G) provide reports (including rec19 ommendations) regarding energy efficiency poli20 cies of Federal agencies covered by the reports 

21 to— 

22 (i) the appropriate committees of Con23 gress; and 

24 (ii) the Office of Management and 

25 Budget. 


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1 (3) CONSULTATION REQUIREMENT.—In car2 rying out each duty of the Council under this sub3 section, the Council shall consult regularly with rep4 resentatives of appropriate State, local, and tribal 

5 governments. 

6 (g) OFFICE OF MANAGEMENT AND BUDGET GOV7 ERNMENT EFFICIENCY REPORTS AND SCORECARDS.— 

8 Not later than 180 days after the date of enactment of 

9 this Act, the Director of the Office of Management and 

10 Budget shall— 

11 (1) include in the annual report and scorecard 

12 of the Director under section 528 of the Energy 

13 Independence and Security Act of 2007 (42 U.S.C. 

14 17144) a description of the efforts of Federal agen15 cies under this section; and 

16 (2) make the description under paragraph (1) 

17 available on the website of the Office of Management 

18 and Budget. 

19 SEC. 5. AUTHORIZATION FOR ACQUISITIONS. 

20 (a) USE OF CERTAIN SUPPLY SCHEDULES.—Section 

21 502(c)(1) of title 40, United States Code, is amended by 

22 adding at the end the following: 

23 ‘‘(C) Environmentally preferable ‘green’ 

24 products and services (as contained in Federal 

25 supply classification code groups 03FAC, 51V, 


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1 56, 72IA, 73, 75, and 899, including any 

2 amended or subsequent version of the Federal 

3 supply classification code groups).’’. 

4 (b) DUTY OF NON-FEDERAL USERS REGARDING

5 USE OF SUPPLY SCHEDULES.—Section 502(c) of title 40, 

6 United States Code, is amended— 

7 (1) by redesignating paragraph (3) as para8 graph (4); and 

9 (2) by inserting after paragraph (2) the fol10 lowing: 

11 ‘‘(3) DUTY OF NON-FEDERAL USERS REGARD12 ING USE OF FEDERAL SUPPLY SCHEDULES.—During 

13 the use of a Federal supply schedule, an authorized 

14 non-Federal user shall act in accordance with the or15 dering guidance provided by the Administrator of 

16 General Services.’’. 

17 SEC. 6. POWER PURCHASE AGREEMENT PILOT PROGRAM. 

18 (a) DEFINITIONS.—In this section: 

19 (1) COST-EFFECTIVE.—The term ‘‘cost-effec20 tive’’ means, with respect to a power purchase agree21 ment entered into by the head of an executive agen22 cy for a Federal facility that is owned or controlled 

23 by the executive agency, that the 20-year average 

24 cost for the purchase of electricity under the power 

25 purchase agreement from 1 or more renewable enVerDate Nov 24 2008 04:45 Oct 22, 2009 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1830.IS S1830

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1 ergy generating systems is not greater than an 

2 amount equal to 110 percent of the cost of an equal 

3 quantity of electricity from the current electricity 

4 supplier of the Federal facility, taking into consider5 ation each— 

6 (A) applicable cost, including any cost re7 sulting from— 

8 (i) a demand charge; 

9 (ii) an applicable rider; 

10 (iii) a fuel adjustment charge; or 

11 (iv) any other surcharge; and 

12 (B) reasonably anticipated increase in the 

13 cost of the electricity resulting from— 

14 (i) inflation; 

15 (ii) increased regulatory requirements; 

16 (iii) decreased availability of fossil 

17 fuels; and 

18 (iv) any other factor that may in19 crease the cost of electricity. 

20 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

21 agency’’ has the meaning given the term in section 

22 4 of the Office of Federal Procurement Policy Act 

23 (41 U.S.C. 403). 

24 (3) FEDERAL FACILITY.—The term ‘‘Federal 

25 facility’’ means any building at which electricity is 


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1 used, owned, operated, obtained through a long-term 

2 lease, or otherwise controlled by, or assigned to— 

3 (A) an executive or military department of 

4 the Federal Government; 

5 (B) a Government corporation; 

6 (C) an independent establishment; 

7 (D) a Federal court; 

8 (E) an executive agency; 

9 (F) Congress; 

10 (G) the United States Postal Service; or 

11 (H) the Executive Office of the President. 

12 (4) GOVERNMENT CORPORATION.—The term 

13 ‘‘Government corporation’’ has the meaning given 

14 the term in section 103 of title 5, United States 

15 Code. 

16 (5) LONG-TERM LEASE.—The term ‘‘long-term 

17 lease’’ means a lease the duration of which is not 

18 less than 20 years. 

19 (6) RENEWABLE ENERGY SOURCE.—The term 

20 ‘‘renewable energy source’’ includes— 

21 (A) a solar photovoltaic system; 

22 (B) a wind turbine; and 

23 (C) any other renewable energy technology. 

24 (b) PILOT PROJECTS.— 


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1 (1) AUTHORIZATION OF HEADS OF EXECUTIVE

2 AGENCIES.—In accordance with paragraphs (2) and 

3 (3), the head of each executive agency may establish 

4 1 or more pilot programs under which the head of 

5 the executive agency may offer to enter into power 

6 purchase agreements during the 5-year period begin7 ning on the date of enactment of this Act for the 

8 purchase of electricity from 1 or more Federal facili9 ties that are owned or controlled by the executive 

10 agency from renewable energy sources located at the 

11 Federal facility. 

12 (2) COST-EFFECTIVE REQUIREMENT.—A head 

13 of an executive agency described in paragraph (1) 

14 may offer to enter into a power purchase agreement 

15 described in that paragraph only if the power pur16 chase agreement is cost-effective. 

17 (3) TERM OF POWER PURCHASE AGREE18 MENT.—Notwithstanding any other provision of law 

19 (including regulations), the term of a power pur20 chase agreement described in paragraph (1) may not 

21 be longer than a period of 20 years. 

22 (4) ALLOCATION OF INCREMENTAL COSTS.— 

23 Each head of an executive agency (including the Ad24 ministrator of General Services) who enters into a 

25 power purchase agreement under paragraph (1) for 


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1 the purchase of electricity at a Federal facility that 

2 is owned or controlled by the executive agency for 

3 distribution to 1 or more other executive agencies 

4 shall allocate, on an annual basis for the period cov5 ered by the power purchase agreement, the incre6 mental cost or incremental savings of the power pur7 chase agreement for the purchase of electricity at a 

8 Federal facility from renewable energy sources (as 

9 compared to the cost of electricity from the elec10 tricity supplier of the Federal facility) among each 

11 user of the Federal facility based on the proportion 

12 that— 

13 (A) the electricity usage of the user of the 

14 Federal facility; bears to 

15 (B) the aggregate electricity usage of all 

16 users of the Federal facility. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out this section for each of fiscal years 

20 2009 through 2019, to remain available until expended. 

21 SEC. 7. CLARIFICATION OF RENEWABLE ENERGY. 

22 Section 203 of the Energy Policy Act of 2005 (42 

23 U.S.C. 15852) is amended— 

24 (1) in subsection (a), in the matter preceding 

25 paragraph (1), by striking ‘‘electric’’; and 


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1 (2) in subsection (b)— 

2 (A) in paragraph (1)(D), by striking ‘‘for 

3 the production of electricity’’; and 

4 (B) in paragraph (2), by striking ‘‘elec5 tric’’. 

Æ 


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