II 

112TH CONGRESS 

1ST SESSION S. 963 

To reduce energy costs, improve energy efficiency, and expand the use of 

renewable energy by Federal agencies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2011 

Mr. CARPER introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To reduce energy costs, improve energy efficiency, and expand the use of renewable energy by 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; TABLE OF CONTENTS. 

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

5 ‘‘Reducing Federal Energy Dollars Act of 2011’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Transparency and accountability of energy use by Federal facilities. 

Sec. 4. Modernizing Federal building energy efficiency performance standards. 

Sec. 5. Surveying renewable energy potential of Federal facilities. 

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Sec. 6. Smart metering of Federal facilities. 

Sec. 7. Improving computer energy management at Federal agencies. 

Sec. 8. Broadening definition of renewable energy to include thermal. 

Sec. 9. Expanding use of energy savings performance contracts. 

Sec. 10. Modernizing outdated, inefficient Federal building designs. 

Sec. 11. Ongoing commissioning of Federal facilities. 

Sec. 12. Audit and report on Federal energy management. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) EXECUTIVE AGENCY.—The term ‘‘Executive 

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

5 105 of title 5, United States Code. 

6 (2) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Energy. 

8 SEC. 3. TRANSPARENCY AND ACCOUNTABILITY OF ENERGY 

9 USE BY FEDERAL FACILITIES. 

10 Section 543 of the National Energy Conservation 

11 Policy Act (42 U.S.C. 8253) is amended— 

12 (1) by redesignating the second subsection (f) 

13 (as added by section 434(a) of the Energy Independ14 ence and Security Act of 2007 (Public Law 110– 

15 140; 121 Stat. 1614)) as subsection (g); and 

16 (2) in subsection (f), by adding at the end the 

17 following: 

18 ‘‘(12) REPORTING ON COMMISSIONING AND EN19 ERGY AND WATER SAVINGS MEASURES.— 

20 ‘‘(A) IN GENERAL.—Each energy manager 

21 shall submit the evaluations, commissioning re22 ports, plans, measurements, and verifications 

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1 obtained under paragraphs (3) and (5) to the 

2 web-based system established under paragraph 

3 (7) or to another publicly available web-based 

4 system established by the Secretary. 

5 ‘‘(B) STANDARDIZING REPORTING FOR6 MATS.—Not later than 1 year after the date of 

7 enactment of this paragraph, the Secretary, in 

8 consultation with the Administrator of General 

9 Services, representatives of relevant professional 

10 societies and industry associations, and other 

11 relevant individuals, shall recognize or develop a 

12 standardized format for obtaining and reporting 

13 the information described in subparagraph (A). 

14 ‘‘(13) ANNUAL REPORT ON FEDERAL BUILDING

15 ENERGY AND WATER CHARACTERISTICS.—Not later 

16 than 1 year after the date of enactment of this para17 graph and annually thereafter, the Secretary shall 

18 make available on a publicly available website a re19 port summarizing the energy and water use and 

20 high-performance attributes of Federal buildings, in21 cluding— 

22 ‘‘(A) data on energy use, water use, and 

23 greenhouse gas emissions data by Department 

24 of Energy climate zone, building type, primary 

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1 building use, department or agency, and build2 ing vintage; 

3 ‘‘(B) data on total energy usage and en4 ergy usage by heating, ventilation, and air con5 ditioning, lighting, plug-loads, and other sub6 systems; 

7 ‘‘(C) data on the energy, water, and green8 house gas emissions savings attributable to 

9 compliance with relevant Federal law and the 

10 baseline used for a determination of the sav11 ings; 

12 ‘‘(D) a description of the requirements and 

13 programs relating to energy use, water use, or 

14 greenhouse gas emissions applicable to the de15 sign and operation of Federal buildings and the 

16 outcomes of the requirements and programs, in17 cluding— 

18 ‘‘(i) requirements and programs such 

19 as green building and energy rating sys20 tems and energy codes and standards; and 

21 ‘‘(ii) outcomes such as energy, water, 

22 and greenhouse gas emissions savings; 

23 ‘‘(E) a description of the use of design or 

24 technological features that contribute to reducmstockstill on DSK4VPTVN1PROD with BILLS

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1 tions in energy and water use, including fea2 tures relating to— 

3 ‘‘(i) building controls; 

4 ‘‘(ii) heating and cooling; 

5 ‘‘(iii) ventilation; 

6 ‘‘(iv) efficient lighting; 

7 ‘‘(v) lighting controls; 

8 ‘‘(vi) daylighting; 

9 ‘‘(vii) plumbing fixtures; 

10 ‘‘(viii) building envelopes; 

11 ‘‘(ix) orientation; 

12 ‘‘(x) site selection; 

13 ‘‘(xi) integrated design; 

14 ‘‘(xii) building information modeling; 

15 ‘‘(xiii) commissioning; and 

16 ‘‘(xiv) other matters determined ap17 propriate for inclusion by the Secretary; 

18 ‘‘(F) a description of any lessons learned 

19 from and case studies included in the informa20 tion submitted under paragraph (12); and 

21 ‘‘(G) a description of the characteristics of 

22 high-performance buildings and high-perform23 ance green buildings (as defined in section 401 

24 of the Energy Independence and Security Act 

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1 of 2007 (42 U.S.C. 17061)), including with re2 spect to— 

3 ‘‘(i) indoor environmental quality; 

4 ‘‘(ii) air and water pollution; 

5 ‘‘(iii) waste generation; 

6 ‘‘(iv) impacts on transportation due to 

7 building location and site design; 

8 ‘‘(v) safety, security, and resiliency at9 tributes; 

10 ‘‘(vi) historic preservation; 

11 ‘‘(vii) operation and functionality 

12 characteristics; and 

13 ‘‘(viii) additional information deter14 mined appropriate for inclusion by the Sec15 retary.’’. 

16 SEC. 4. MODERNIZING FEDERAL BUILDING ENERGY EFFI17 CIENCY PERFORMANCE STANDARDS. 

18 Section 305 of the Energy Conservation and Produc19 tion Act (42 U.S.C. 6834) is amended— 

20 (1) by striking subsection (b) and inserting the 

21 following: 

22 ‘‘(b) REVISED FEDERAL BUILDING ENERGY STAND23 ARDS.— 

24 ‘‘(1) AFFIRMATIVE DETERMINATION THAT RE25 VISION WILL IMPROVE ENERGY EFFICIENCY.— 

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1 ‘‘(A) IN GENERAL.—If the Secretary elects 

2 not to update the Federal building energy effi3 ciency performance standard under subsection 

4 (a)(3)(B) and an affirmative determination has 

5 been published under section 304(b)(2)(A), the 

6 appropriate Federal building energy efficiency 

7 performance standard for all projects receiving 

8 congressional approval following the affirmative 

9 determination shall be the standard or code re10 ceiving the affirmative determination and any 

11 additional criteria necessary to achieve energy 

12 consumption levels described in subsection 

13 (a)(3)(A)(i)(I). 

14 ‘‘(B) SAVINGS.—To determine the nec15 essary savings required under the revised Fed16 eral building energy performance standard, an 

17 Executive agency (as defined in section 105 of 

18 title 5, United States Code) (referred to in this 

19 subsection as an ‘Executive agency’) shall use 

20 the savings identified in the affirmative deter21 mination over ASHRAE Standard 90.1–2004 

22 or the 2004 International Conservation Code. 

23 ‘‘(C) CRITERIA.—Absent additional criteria 

24 from the Secretary to achieve the energy con25 sumption levels described in subsection 

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1 (a)(3)(A)(i)(I), an Executive agency shall con2 sult with ASHRAE, the International Code 

3 Council, the project design team, and others as 

4 necessary to incorporate the criteria necessary 

5 to achieve the required energy consumption lev6 els into contracts and designs. 

7 ‘‘(2) NO AFFIRMATIVE DETERMINATION THAT

8 REVISION WILL IMPROVE ENERGY EFFICIENCY.— 

9 ‘‘(A) IN GENERAL.—If the Secretary elects 

10 not to update the Federal building energy effi11 ciency performance standard under subsection 

12 (a)(3)(B) and no affirmative determination has 

13 been published under section 304(b)(2)(A), the 

14 appropriate Federal building energy efficiency 

15 performance standard for all projects receiving 

16 congressional approval following the election by 

17 the Secretary not to update the standard shall 

18 be the standard or code that triggered a deter19 mination under subsection (a)(3)(B) and any 

20 additional criteria necessary to achieve energy 

21 consumption levels that are at least 30 percent 

22 below the revised standard. 

23 ‘‘(B) CRITERIA.—Absent additional cri24 teria from the Secretary to achieve energy con25 sumption levels 30 percent lower than the remstockstill on DSK4VPTVN1PROD with BILLS

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1 vised standard, an Executive agency shall con2 sult with ASHRAE, the International Code 

3 Council, the project design team, and others as 

4 necessary to incorporate the criteria necessary 

5 to achieve the required energy consumption lev6 els into contracts and designs. 

7 ‘‘(C) COMPLIANCE.—If a revised Federal 

8 building energy performance standard is estab9 lished under this paragraph, the requirements 

10 of subsection (a)(3)(A)(i)(I) shall be considered 

11 to be satisfied. 

12 ‘‘(3) APPROVAL PRIOR TO REVISION.—If a 

13 project receives congressional approval prior to a re14 vision of the Federal building energy efficiency per15 formance standard, an Executive agency may use 

16 the most current Federal building energy efficiency 

17 performance standard.’’; and 

18 (2) by striking subsection (d). 

19 SEC. 5. SURVEYING RENEWABLE ENERGY POTENTIAL OF 

20 FEDERAL FACILITIES. 

21 (a) IN GENERAL.—Not later than 1 year after the 

22 date of enactment of this Act, the Secretary, in consulta23 tion with the Secretary of Defense and the Administrator 

24 of General Services, shall promulgate regulations that es25 tablish appropriate methods and procedures for use by Exmstockstill on DSK4VPTVN1PROD with BILLS

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1 ecutive agencies to implement (unless inconsistent with 

2 the mission of the Executive agencies or impracticable due 

3 to environmental constraints) the identification of all po4 tential locations at Federal facilities of the Executive 

5 agencies for renewable energy projects (including available 

6 land, building roofs, and parking structures). 

7 (b) IDENTIFICATION OF POTENTIAL LOCATIONS.— 

8 Not later than 2 years after the date of the promulgation 

9 of regulations under subsection (a), each Executive agency 

10 shall complete the report of the Executive agency that 

11 identifies potential locations described in subsection (a). 

12 SEC. 6. SMART METERING OF FEDERAL FACILITIES. 

13 Section 543(e) of the National Energy Conservation 

14 Policy Act (42 U.S.C. 8253(e)) is amended— 

15 (1) in paragraph (1)— 

16 (A) by designating the first, second, third, 

17 and fourth sentences as subparagraphs (A), 

18 (B), (C), and (E), respectively; and 

19 (B) by inserting after subparagraph (C) 

20 (as so designated) the following: 

21 ‘‘(D) WHOLE BUILDING SMART METERS

22 AND SMART SUBMETERS.— 

23 ‘‘(i) IN GENERAL.—Each agency shall 

24 use— 

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1 ‘‘(I) whole building smart meters 

2 for all Federal buildings, owned or 

3 leased, with a gross square footage of 

4 30,000 square feet or more; and 

5 ‘‘(II) smart submeters for sub6 systems that use 30 percent or more 

7 of whole building energy. 

8 ‘‘(ii) FREQUENCY.—The advanced me9 ters and advanced metering devices shall, 

10 to the maximum extent practicable, provide 

11 data at least daily and measure at least 

12 hourly consumption of electricity in the 

13 Federal buildings of the agency.’’; and 

14 (2) in paragraph (3), by inserting ‘‘and updated 

15 annually thereafter,’’ after ‘‘paragraph (2)’’. 

16 SEC. 7. IMPROVING COMPUTER ENERGY MANAGEMENT AT 

17 FEDERAL AGENCIES. 

18 (a) IN GENERAL.—Not later than 1 year after the 

19 date of enactment of this Act, the Secretary, in consulta20 tion with the Secretary of Defense, the Secretary of Vet21 erans Affairs, and the Administrator of General Services, 

22 shall issue guidance for Executive agencies to employ ad23 vanced tools allowing energy savings through the use of 

24 computer hardware, energy efficiency software, and power 

25 management tools. 

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

2 than 180 days after the date of the issuance of the guid3 ance under subsection (a), each Executive agency shall 

4 submit to the Secretary a report that describes— 

5 (1) the plan of the Executive agency for imple6 menting the guidance within the Executive agency; 

7 and 

8 (2) estimated energy and financial savings from 

9 employing the tools described in subsection (a). 

10 SEC. 8. BROADENING DEFINITION OF RENEWABLE ENERGY 

11 TO INCLUDE THERMAL. 

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

13 U.S.C. 15852) is amended— 

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

15 paragraph (1), by striking ‘‘electric’’; 

16 (2) by redesignating subsection (d) as sub17 section (e); and 

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

20 ‘‘(d) SEPARATE CALCULATION.—Renewable energy 

21 produced at a Federal facility, on Federal land, or on In22 dian land (as defined in section 2601 of the Energy Policy 

23 Act of 1992 (25 U.S.C. 3501))— 

24 ‘‘(1) shall be calculated separately from renew25 able energy used; and 

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1 ‘‘(2) may be used individually or in combination 

2 to comply with subsection (a).’’. 

3 SEC. 9. EXPANDING USE OF ENERGY SAVINGS PERFORM4 ANCE CONTRACTS. 

5 (a) AUTHORITY TO ENTER INTO CONTRACTS.—Sec6 tion 801(a)(1) of the National Energy Conservation Policy 

7 Act (42 U.S.C. 8287(a)(1)) is amended in the first sen8 tence by inserting before the period at the end the fol9 lowing: ‘‘, including savings and benefits involving non10 building applications’’. 

11 (b) PAYMENT OF COSTS.—Section 802 of the Na12 tional Energy Conservation Policy Act (42 U.S.C. 8287a) 

13 is amended by inserting before the period at the end the 

14 following: ‘‘or the use of fuel purchased with those funds’’. 

15 (c) DEFINITIONS.— 

16 (1) ENERGY SAVINGS.—Section 804(2) of the 

17 National Energy Conservation Policy Act (42 U.S.C. 

18 8287c(2)) is amended— 

19 (A) in subparagraph (A), by striking ‘‘or 

20 other federally owned facilities’’ each place it 

21 appears and inserting ‘‘, other federally owned 

22 facilities, or other buildings or facilities at 

23 which an Executive agency pays for utilities’’; 

24 (B) in subparagraph (C)— 

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1 (i) by inserting ‘‘(including new hy2 droelectric generation at Federal dams 

3 that do not have hydroelectric generation 

4 facilities)’’ after ‘‘cogeneration’’; and 

5 (ii) by striking ‘‘and’’ after the semi6 colon at the end; 

7 (C) in subparagraph (D), by striking the 

8 period at the end and inserting ‘‘; and’’; and 

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

10 ‘‘(E) the increased efficient use of non11 building applications; and 

12 ‘‘(F) the savings realized from reduced fuel 

13 use, including secondary savings.’’. 

14 (2) NONBUILDING APPLICATION; SECONDARY

15 SAVINGS.—Section 804 of the National Energy Con16 servation Policy Act (42 U.S.C. 8287c) is amended 

17 by adding at the end the following: 

18 ‘‘(5) NONBUILDING APPLICATION.—The term 

19 ‘nonbuilding application’ means— 

20 ‘‘(A) any class of vehicles, devices, or 

21 equipment that is transportable under the 

22 power of the applicable vehicle, device, or equip23 ment by land, sea, or air and that consumes en24 ergy from any fuel source for the purpose of— 

25 ‘‘(i) that transportation; or 

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1 ‘‘(ii) maintaining a controlled environ2 ment within the vehicle, device, or equip3 ment; and 

4 ‘‘(B) any federally owned equipment used 

5 to generate electricity or transport water. 

6 ‘‘(6) SECONDARY SAVINGS.—The term ‘sec7 ondary savings’ means additional energy or cost sav8 ings that are a direct consequence of the energy sav9 ings that result from the energy efficiency improve10 ments that are financed and implemented pursuant 

11 to an energy savings performance contract.’’. 

12 (d) GUIDANCE.—Not later than 1 year after the date 

13 of enactment of this Act, the Director of the Office of 

14 Management and Budget, in consultation with the Sec15 retary, the Secretary of Defense, and the Administrator 

16 of General Services, shall issue guidance and rules to Ex17 ecutive agencies to implement the amendments made by 

18 this section. 

19 SEC. 10. MODERNIZING OUTDATED, INEFFICIENT FEDERAL 

20 BUILDING DESIGNS. 

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

22 amended— 

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

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

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1 (2) by inserting after subsection (c) the fol2 lowing: 

3 ‘‘(d) AVAILABILITY OF FUNDS FOR DESIGN UP4 DATES.— 

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

6 for any project for which congressional approval is 

7 received under subsection (a) and for which the de8 sign has been substantially completed but construc9 tion has not begun, the Administrator of General 

10 Services may use appropriated funds to update the 

11 project design to meet applicable Federal building 

12 energy efficiency standards established under section 

13 305 of the Energy Conservation and Production Act 

14 (42 U.S.C. 6834) and other requirements estab15 lished under section 3312. 

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

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

18 estimated energy or other cost savings associated 

19 with the updates as determined by a life-cycle cost 

20 analysis under section 544 of the National Energy 

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

22 SEC. 11. ONGOING COMMISSIONING OF FEDERAL FACILI23 TIES. 

24 (a) IN GENERAL.—Section 3312 of title 40, United 

25 States Code, is amended— 

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1 (1) by redesignating subsections (c) through (g) 

2 as subsections (d) through (h), respectively; and 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) ONGOING COMMISSIONING WITHIN THE FED6 ERAL BUILDING STOCK.— 

7 ‘‘(1) IN GENERAL.—Not later than 1 year after 

8 the date of enactment of the Reducing Federal En9 ergy Dollars Act of 2011, the Administrator and the 

10 Secretary of Energy shall incorporate commissioning 

11 and recommissioning standards (as those terms are 

12 defined in section 543(f) of the National Energy 

13 Conservation Policy Act (42 U.S.C. 8253(f))), for all 

14 real property that— 

15 ‘‘(A) is more than $10,000,000 in value; 

16 ‘‘(B) has more than 50,000 square feet; or 

17 ‘‘(C) has energy intensity of more than $2 

18 per square foot and an area of more than 

19 10,000 square feet (or energy expenditures 

20 greater than $20,000 per year). 

21 ‘‘(2) REGULATIONS.—Not later than 1 year 

22 after the date of enactment of the Reducing Federal 

23 Energy Dollars Act of 2011, the Administrator and 

24 the Secretary of Energy shall promulgate such regu25 lations as are necessary to carry out this subsection, 

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1 including prospective Federal leases that meets the 

2 requirements of subparagraph (A), (B), or (C) of 

3 paragraph (1).’’. 

4 (b) CONFORMING AMENDMENTS.—Section 3312 of 

5 title 40, United States Code, is amended— 

6 (1) in subsection (e)(1) (as redesignated by 

7 subsection (a)(1)), in the matter preceding subpara8 graph (A), by striking ‘‘and (c)’’ and inserting ‘‘and 

9 (d)’’; 

10 (2) in the first sentence of subsection (f) (as so 

11 redesignated), by striking ‘‘and (c)’’ and inserting 

12 ‘‘and (d)’’; and 

13 (3) in subsection (g) (as so redesignated), by 

14 striking ‘‘subsection (b), (c), or (d) or for failure to 

15 carry out any recommendation under subsection (e)’’ 

16 and inserting ‘‘subsection (b), (d), or (e) or for fail17 ure to carry out any recommendation under sub18 section (f)’’. 

19 SEC. 12. AUDIT AND REPORT ON FEDERAL ENERGY MAN20 AGEMENT. 

21 (a) AUDIT.—Not later than 1 year after the date of 

22 enactment of this Act, the Comptroller General of the 

23 United States shall carry out an audit to determine— 

24 (1) the overall progress and efficacy of Federal 

25 energy management efforts; 

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1 (2) progress made towards energy consumption 

2 reduction and management goals established by law 

3 or Executive order; 

4 (3) financial cost savings associated with Fed5 eral energy consumption and intensity reduction ef6 forts; and 

7 (4) considerations for Congress to streamline 

8 Federal energy management requirements estab9 lished by law or Executive order. 

10 (b) REPORT.—Not later than 90 days after the date 

11 described in subsection (a), the Comptroller General of the 

12 United States shall submit to the appropriate committees 

13 of Congress a report that contains a description of the 

14 results of the audit carried out under subsection (a). 

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