II 

Calendar No. 263 

116TH CONGRESS 

1ST SESSION S. 2137 

[Report No. 116–143] 

To promote energy savings in residential buildings and industry, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 17, 2019 

Mr. PORTMAN (for himself, Mrs. SHAHEEN, Ms. COLLINS, Mr. COONS, Ms. 

HASSAN, Mr. MANCHIN, Mr. WICKER, Mr. BENNET, Mr. WARNER, Ms. 

WARREN, and Mr. KING) introduced the following bill; which was read 

twice and referred to the Committee on Energy and Natural Resources 

OCTOBER 23, 2019 

Reported by Ms. MURKOWSKI, with amendments 

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

A BILL 

To promote energy savings in residential 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Energy Savings and Industrial Competitiveness Act of 

4 2019’’. 

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

6 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. 

Sec. 102. Cost-effective codes implementation for efficiency and resilience. 

Sec. 103. Commercial building energy consumption information sharing. 

Subtitle B—Worker Training and Capacity Building 

Sec. 111. Building training and assessment centers. 

Sec. 112. Career skills training. 

Subtitle C—School Buildings 

Sec. 121. Coordination of energy retrofitting assistance for schools. 

TITLE II—INDUSTRIAL EFFICIENCY AND COMPETITIVENESS 

Subtitle A—Manufacturing Energy Efficiency 

Sec. 201. Purposes. 

Sec. 202. Future of Industry program and industrial research and assessment 

centers. 

Sec. 203. Sustainable manufacturing initiative. 

Sec. 204. Conforming amendments. 

Subtitle B—Extended Product System Rebate Program 

Sec. 211. Extended Product System Rebate Program. 

Subtitle C—Transformer Rebate Program 

Sec. 221. Energy Efficient Transformer Rebate Program. 

TITLE III—FEDERAL AGENCY ENERGY EFFICIENCY 

Sec. 301. Energy-efficient and energy-saving information technologies. 

Sec. 302. Energy efficient data centers. 

TITLE IV—REGULATORY PROVISIONS 

Subtitle A—Third-Party Certification Under Energy Star Program 


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Sec. 401. Third-Party Certification Under Energy Star Program. 

Subtitle B—Federal Green Buildings 

Sec. 411. High-performance green Federal buildings. 

Subtitle C—Energy and Water Performance Requirements for Federal 

Buildings 

Sec. 421. Energy and water performance requirements for Federal buildings. 

Sec. 422. Federal Energy Management Program. 

Sec. 423. Federal building energy efficiency performance standards; certification system and level for green buildings. 

Sec. 424. Enhanced energy efficiency underwriting. 

TITLE V—MISCELLANEOUS 

Sec. 501. Budgetary effects. 

Sec. 502. Advance appropriations required. 

1 SEC. 2. DEFINITION OF SECRETARY. 

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

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 or standard developed and up16 dated by interested persons, such as the code or 

17 standard developed by— 


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1 ‘‘(A) the Council of American Building Of2 ficials, or its legal successor, International Code 

3 Council, Inc.; 

4 ‘‘(B) the American Society of Heating, Re5 frigerating, and Air-Conditioning Engineers; or 

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

7 and 

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

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

10 International Energy Conservation Code. 

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

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

13 Native American Housing Assistance and Self-De14 termination Act of 1996 (25 U.S.C. 4103).’’. 

15 (b) STATE BUILDING ENERGY EFFICIENCY

16 CODES.—Section 304 of the Energy Conservation and 

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

18 follows: 

19 ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI20 CIENCY CODES. 

21 ‘‘(a) VOLUNTARY CODES AND STANDARDS.—Not22 withstanding any other provision of this section, any 

23 model building code or standard established under section 

24 304 shall not be binding on a State, local government, or 

25 Indian tribe as a matter of Federal law. 


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1 ‘‘(b) ACTION BY SECRETARY.—The Secretary shall— 

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

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

4 as appropriate, by local governments that meet or 

5 exceed the model building energy codes, or achieve 

6 equivalent or greater energy savings; and 

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

8 local codes. 

9 ‘‘(c) STATE AND INDIAN TRIBE CERTIFICATION OF

10 BUILDING ENERGY CODE UPDATES.— 

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

12 EACH STATE AND INDIAN TRIBE.— 

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

14 after the date of publication of a revision to a 

15 model building energy code, each State or In16 dian tribe shall certify whether the State or In17 dian tribe, respectively, has reviewed and up18 dated the energy provisions of the building code 

19 of the State or Indian tribe, respectively. 

20 ‘‘(B) DEMONSTRATION.—The certification 

21 shall include a demonstration of whether the 

22 energy savings for the code provisions that are 

23 in effect throughout the territory of the State 

24 or Indian tribe meet or exceed the energy sav25 ings of the updated model building energy code. 


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1 ‘‘(C) NO MODEL BUILDING ENERGY CODE

2 UPDATE.—If a model building energy code is 

3 not updated by a target date established under 

4 section 307(b)(2)(E), each State or Indian tribe 

5 shall, not later than 2 years after the specified 

6 date, certify whether the State or Indian tribe, 

7 respectively, has reviewed and updated the en8 ergy provisions of the building code of the State 

9 or Indian tribe, respectively, to meet or exceed 

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

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

12 than 90 days after a State or Indian tribe certifi13 cation under paragraph (1), the Secretary shall— 

14 ‘‘(A) determine whether the code provi15 sions of the State or Indian tribe, respectively, 

16 meet the criteria specified in paragraph (1); 

17 and 

18 ‘‘(B) if the determination is positive, vali19 date the certification. 

20 ‘‘(d) IMPROVEMENTS IN COMPLIANCE WITH BUILD21 ING ENERGY CODES.— 

22 ‘‘(1) REQUIREMENT.— 

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

24 after the date of a certification under sub25 section (c), each State and Indian tribe shall 


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1 certify whether the State and Indian tribe, re2 spectively, has— 

3 ‘‘(i) achieved full compliance under 

4 paragraph (3) with the applicable certified 

5 State and Indian tribe building energy 

6 code or with the associated model building 

7 energy code; or 

8 ‘‘(ii) made significant progress under 

9 paragraph (4) toward achieving compliance 

10 with the applicable certified State and In11 dian tribe building energy code or with the 

12 associated model building energy code. 

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

14 State or Indian tribe certifies progress toward 

15 achieving compliance, the State or Indian tribe 

16 shall repeat the certification until the State or 

17 Indian tribe certifies that the State or Indian 

18 tribe has achieved full compliance, respectively. 

19 ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer20 tification under paragraph (1) shall include docu21 mentation of the rate of compliance based on— 

22 ‘‘(A) independent inspections of a random 

23 sample of the buildings covered by the code in 

24 the preceding year; or 


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

2 accurate measure of compliance. 

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

4 or Indian tribe shall be considered to achieve full 

5 compliance under paragraph (1) if— 

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

7 covered by the code in the preceding year sub8 stantially meets all the requirements of the ap9 plicable code specified in paragraph (1), or 

10 achieves equivalent or greater energy savings 

11 level; or 

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

13 buildings that did not meet the applicable code 

14 specified in paragraph (1) in the preceding 

15 year, compared to a baseline of comparable 

16 buildings that meet this code, is not more than 

17 5 percent of the estimated energy use of all 

18 buildings covered by this code during the pre19 ceding year. 

20 ‘‘(4) SIGNIFICANT PROGRESS TOWARD

21 ACHIEVEMENT OF COMPLIANCE.—A State or Indian 

22 tribe shall be considered to have made significant 

23 progress toward achieving compliance for purposes 

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


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

2 plan for achieving compliance during the 8- 

3 year-period beginning on the date of enactment 

4 of the Energy Savings and Industrial Competi5 tiveness Act of 2019, including annual targets 

6 for compliance and active training and enforce7 ment programs; and 

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

9 subparagraph (A). 

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

11 than 90 days after a State or Indian tribe certifi12 cation under paragraph (1), the Secretary shall— 

13 ‘‘(A) determine whether the State or In14 dian tribe has demonstrated meeting the cri15 teria of this subsection, including accurate 

16 measurement of compliance; and 

17 ‘‘(B) if the determination is positive, vali18 date the certification. 

19 ‘‘(e) STATES OR INDIAN TRIBES THAT DO NOT

20 ACHIEVE COMPLIANCE.— 

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

22 has not made a certification required under sub23 section (c) or (d) by the applicable deadline shall 

24 submit to the Secretary a report describing— 


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

2 with respect to meeting the requirements and 

3 submitting the certification; and 

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

5 and submitting the certification. 

6 ‘‘(2) FEDERAL SUPPORT.—For any State or In7 dian tribe for which the Secretary has not validated 

8 a certification by a deadline under subsection (c) or 

9 (d), the lack of the certification may be a consider10 ation for Federal support authorized under this sec11 tion for code adoption and compliance activities. 

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

13 Indian tribe for which the Secretary has not vali14 dated a certification under subsection (c) or (d), a 

15 local government may be eligible for Federal support 

16 under subsections (f) and (g) by meeting the certifi17 cation requirements of subsections (c) and (d). 

18 ‘‘(4) REPORTS BY SECRETARY.— 

19 ‘‘(A) IN GENERAL.—Not later than De20 cember 31, 2020, and not less frequently than 

21 once every 3 years thereafter, the Secretary 

22 shall submit to Congress and publish a report 

23 describing— 

24 ‘‘(i) the status of model building en25 ergy codes; 


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

2 compliance in the States and Indian tribes; 

3 ‘‘(iii) implementation of this section; 

4 and 

5 ‘‘(iv) improvements in energy savings 

6 over time as result of the targets estab7 lished under section 307(b)(2). 

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

9 estimates of impacts of past action under this 

10 section, and potential impacts of further action, 

11 on— 

12 ‘‘(i) upfront financial and construction 

13 costs, cost benefits and returns (using in14 vestment analysis), and lifetime energy use 

15 for buildings; 

16 ‘‘(ii) resulting energy costs to individ17 uals and businesses; and 

18 ‘‘(iii) resulting overall annual building 

19 ownership and operating costs. 

20 ‘‘(f) TECHNICAL ASSISTANCE TO STATES AND IN21 DIAN TRIBES.—The Secretary shall provide technical as22 sistance to States and Indian tribes to implement the goals 

23 and requirements of this section, including procedures and 

24 technical analysis for States and Indian tribes— 


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

2 and commercial building energy codes; 

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

4 the States and Indian tribes achieve equivalent or 

5 greater energy savings than the model building en6 ergy codes and targets; 

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

8 building energy code; and 

9 ‘‘(4) to otherwise promote the design and con10 struction of energy- and water-efficient buildings. 

11 ‘‘(g) AVAILABILITY OF INCENTIVE FUNDING.— 

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

13 incentive funding to States and Indian tribes— 

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

15 section; 

16 ‘‘(B) to improve and implement residential 

17 and commercial building energy codes, including 

18 increasing and verifying compliance with the 

19 codes and training of State, tribal, and local 

20 building code officials to implement and enforce 

21 the codes; and 

22 ‘‘(C) to promote building energy and water 

23 efficiency through the use of the codes and 

24 standards. 


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1 ‘‘(2) ADDITIONAL FUNDING.—Additional fund2 ing shall be provided under this subsection for im3 plementation of a plan to achieve and document full 

4 compliance with residential and commercial building 

5 energy codes under subsection (d)— 

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

7 the Secretary has validated a certification under 

8 subsection (c) or (d); and 

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

10 eligible under subparagraph (A), to a local gov11 ernment that is eligible under this section. 

12 ‘‘(3) TRAINING.—Of the amounts made avail13 able under this subsection, the State or Indian tribe 

14 may use amounts required, but not to exceed 

15 $750,000 for a State, to train State and local build16 ing code officials to implement and enforce codes de17 scribed in paragraph (2). 

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

19 grants under this subsection with local governments 

20 that implement and enforce the codes. 

21 ‘‘(h) STRETCH CODES AND ADVANCED STAND22 ARDS.— 

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

24 technical and financial support for the development 


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1 of stretch codes and advanced standards for residen2 tial and commercial buildings for use as— 

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

4 energy code by local, tribal, or State govern5 ments; and 

6 ‘‘(B) guidelines for energy-efficient build7 ing design. 

8 ‘‘(2) TARGETS.—The stretch codes and ad9 vanced standards shall be designed— 

10 ‘‘(A) to achieve substantial energy savings 

11 compared to the model building energy codes; 

12 and 

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

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

15 the target years. 

16 ‘‘(i) STUDIES.—The Secretary, in consultation with 

17 building science experts from the National Laboratories 

18 and institutions of higher education, designers and build19 ers of energy-efficient residential and commercial build20 ings, code officials, code and standards developers, and 

21 other stakeholders, shall undertake a study of the feasi22 bility, impact, economics, and merit of— 

23 ‘‘(1) code and standards improvements that 

24 would require that buildings be designed, sited, and 

25 constructed in a manner that makes the buildings 


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1 more adaptable in the future to become zero-net-en2 ergy after initial construction, as advances are 

3 achieved in energy-saving technologies; 

4 ‘‘(2) code procedures to incorporate measured 

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

6 and performance calculations; 

7 ‘‘(3) legislative options for increasing energy 

8 savings from building energy codes and standards, 

9 including additional incentives for effective State 

10 and local action, and verification of compliance with 

11 and enforcement of a code or standard other than by 

12 a State or local government; and 

13 ‘‘(4) code and standards improvements that 

14 consider energy efficiency and water efficiency and, 

15 to the maximum extent practicable, consider energy 

16 efficiency and water efficiency in an integrated man17 ner. 

18 ‘‘(j) EFFECT ON OTHER LAWS.—Nothing in this sec19 tion or section 307 supersedes or modifies the application 

20 of sections 321 through 346 of the Energy Policy and 

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

22 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

23 is authorized to be appropriated to carry out this section 

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

25 expended.’’. 


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1 (c) FEDERAL BUILDING ENERGY EFFICIENCY

2 STANDARDS.—Section 305 of the Energy Conservation 

3 and Production Act (42 U.S.C. 6834) is amended by strik4 ing ‘‘voluntary building energy code’’ each place it appears 

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

6 building energy code’’. 

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

8 of the Energy Conservation and Production Act (42 

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

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

11 CODES. 

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

13 updating of model building energy codes. 

14 ‘‘(b) TARGETS.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall sup16 port the updating of the model building energy codes 

17 to enable the achievement of aggregate energy sav18 ings targets established under paragraph (2). 

19 ‘‘(2) TARGETS.— 

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

21 work with State, Indian tribes, local govern22 ments, code and standards developers (such as 

23 the entities described in section 303(14)), and 

24 other interested parties to support the updating 

25 of model building energy codes by establishing 


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1 one or more national aggregate energy savings 

2 targets to achieve the purposes of this section. 

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

4 shall establish separate targets for commercial 

5 and residential buildings. 

6 ‘‘(C) BASELINES.—The baseline for updat7 ing model building energy codes shall be the 

8 2009 IECC for residential buildings and 

9 ASHRAE Standard 90.1–2010 for commercial 

10 buildings. 

11 ‘‘(D) CODE CYCLES.—The targets estab12 lished under subparagraph (A) shall align with 

13 the respective code development cycles deter14 mined by the model building energy code-setting 

15 and standards development organizations de16 scribed in section 303(14). 

17 ‘‘(E) SPECIFIC YEARS.— 

18 ‘‘(i) IN GENERAL.—Targets for spe19 cific years shall be established and revised 

20 by the Secretary through rulemaking and 

21 coordinated with code and standards devel22 opers (such as the entities described in sec23 tion 303(14)) at a level that— 

24 ‘‘(I) is at the maximum level of 

25 energy efficiency that is technoVerDate Sep 11 2014 22:00 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2137.RS S2137

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1 logically feasible and lifecycle cost ef2 fective, while accounting for the eco3 nomic considerations under paragraph 

4 (4); 

5 ‘‘(II) is higher than the preceding 

6 target; 

7 ‘‘(III) promotes the achievement 

8 of commercial and residential high9 performance buildings (as defined in 

10 section 401 of the Energy Independ11 ence and Security Act of 2007 (42 

12 U.S.C. 17061)) through high perform13 ance energy efficiency; and 

14 ‘‘(IV) takes into consideration 

15 the variations in climate zones used in 

16 model building energy codes. 

17 ‘‘(ii) INITIAL TARGETS.—Not later 

18 than 1 year after the date of enactment of 

19 this clause, the Secretary shall establish 

20 initial targets under this subparagraph. 

21 ‘‘(iii) DIFFERENT TARGET YEARS.— 

22 Subject to clause (i), prior to the applica23 ble year, the Secretary may set a later tar24 get year for any of the model building en25 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; 

24 ‘‘(D) building management systems and 

25 smart technologies to reduce energy use; and 


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

2 building systems that the Secretary considers 

3 appropriate regarding building plug load and 

4 other energy uses. 

5 ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab6 lishing and revising building code targets under 

7 paragraph (2), the Secretary shall consider the eco8 nomic feasibility of achieving the proposed targets 

9 established under this section and the potential costs 

10 and savings for consumers and building owners, in11 cluding a return on investment analysis. 

12 ‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING

13 ENERGY CODE-SETTING AND STANDARDS DEVELOPMENT

14 ORGANIZATIONS.— 

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

16 timely basis, provide technical assistance to model 

17 building energy code-setting and standards develop18 ment organizations consistent with the goals of this 

19 section. 

20 ‘‘(2) ASSISTANCE.—The assistance shall in21 clude, as requested by the organizations, technical 

22 assistance in— 

23 ‘‘(A) evaluating code or standards pro24 posals or revisions; 


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1 ‘‘(B) building energy and water analysis 

2 and design tools; 

3 ‘‘(C) building demonstrations; 

4 ‘‘(D) developing definitions of energy use 

5 intensity and building types for use in model 

6 building energy codes to evaluate the efficiency 

7 impacts of the model building energy codes; 

8 ‘‘(E) performance-based standards; 

9 ‘‘(F) evaluating economic considerations 

10 under subsection (b)(4); and 

11 ‘‘(G) developing model building energy 

12 codes by Indian tribes in accordance with tribal 

13 law. 

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

15 may submit timely model building energy code 

16 amendment proposals to the model building energy 

17 code-setting and standards development organiza18 tions, with supporting evidence, sufficient to enable 

19 the model building energy codes to meet the targets 

20 established under subsection (b)(2). 

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

22 shall make publicly available the entire calculation 

23 methodology (including input assumptions and data) 

24 used by the Secretary to estimate the energy savings 

25 of code or standard proposals and revisions. 


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1 ‘‘(d) DETERMINATION.— 

2 ‘‘(1) REVISION OF MODEL BUILDING ENERGY

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

4 Standard 90.1 regarding building energy use are 

5 proposed to be revised, the Secretary shall make a 

6 preliminary determination, by not later than 90 days 

7 after the date of receipt of the proposed revision, 

8 and a final determination by not later than 15 

9 months after the date of publication of the revision, 

10 regarding whether the revision will— 

11 ‘‘(A) improve energy efficiency in build12 ings, as compared to the existing model build13 ing energy code; and 

14 ‘‘(B) meet the applicable targets under 

15 subsection (b)(2). 

16 ‘‘(2) CODES OR STANDARDS NOT MEETING TAR17 GETS.— 

18 ‘‘(A) PRELIMINARY DETERMINATION BY

19 SECRETARY.—If the Secretary makes a prelimi20 nary determination under paragraph (1)(B) 

21 that a code or standard does not meet an appli22 cable target under subsection (b)(2), the Sec23 retary shall contemporaneously provide to the 

24 developer of the model building energy code or 

25 standard not fewer than 2 proposed changes 


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1 that would result in a model building energy 

2 code that meets the applicable target, together 

3 with supporting evidence, taking into consider4 ation— 

5 ‘‘(i) whether the modified code is tech6 nically feasible and lifecycle cost effective; 

7 ‘‘(ii) available appliances, technologies, 

8 materials, and construction practices; and 

9 ‘‘(iii) the economic considerations 

10 under subsection (b)(4). 

11 ‘‘(B) DETERMINATION OR ELECTION BY

12 DEVELOPER.—Not later than 270 days after 

13 the date of receipt of proposed changes of the 

14 Secretary under subparagraph (A), a developer 

15 shall— 

16 ‘‘(i) determine whether— 

17 ‘‘(I) to publish a new revised 

18 code accepting the proposed changes; 

19 or 

20 ‘‘(II) to reject the proposed 

21 changes; or 

22 ‘‘(ii) if the developer elects not to 

23 make a determination under clause (i), 

24 publish a notice of that election, together 

25 with the proposed changes. 


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1 ‘‘(C) FINAL DETERMINATION BY SEC2 RETARY.— 

3 ‘‘(i) IN GENERAL.—A final determina4 tion by the Secretary shall be made on the 

5 model building energy code or standard, as 

6 modified by the changes proposed by the 

7 Secretary under subparagraph (A). 

8 ‘‘(ii) ADDITIONAL DETERMINA9 TIONS.—If a model building energy code or 

10 standards developer makes an election pur11 suant to subparagraph (B)(ii), the Sec12 retary shall make the following final deter13 minations for purposes of this subsection: 

14 ‘‘(I) A final determination re15 garding whether the code or standard 

16 of the developer, absent any changes 

17 proposed by the Secretary under sub18 paragraph (A), will— 

19 ‘‘(aa) improve energy effi20 ciency in buildings, as compared 

21 to the existing model building en22 ergy code; and 

23 ‘‘(bb) meet the applicable 

24 targets under subsection (b)(2). 


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1 ‘‘(II) A final determination re2 garding whether the code or standard 

3 of the developer, as modified by the 

4 changes proposed by the Secretary 

5 under subparagraph (A), would— 

6 ‘‘(aa) improve energy effi7 ciency in buildings, as compared 

8 to the existing model building en9 ergy code; and 

10 ‘‘(bb) meet the applicable 

11 targets under subsection (b)(2). 

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

13 the Secretary shall— 

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

15 analysis and determinations under this section in the 

16 Federal Register to provide an explanation of and 

17 the basis for such actions, including any supporting 

18 modeling, data, assumptions, protocols, and cost19 benefit analysis, including return on investment; and 

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

21 on targets and supporting analysis and determina22 tions under this section.’’. 


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1 SEC. 102. COST-EFFECTIVE CODES IMPLEMENTATION FOR 

2 EFFICIENCY AND RESILIENCE. 

3 (a) IN GENERAL.—Title III of the Energy Conserva4 tion and Production Act (42 U.S.C. 6831 et seq.) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR 

7 EFFICIENCY AND RESILIENCE. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en10 tity’ means— 

11 ‘‘(A) a relevant State agency, as deter12 mined by the Secretary, such as a State build13 ing code agency or State energy office; and 

14 ‘‘(B) a partnership. 

15 ‘‘(2) PARTNERSHIP.—The term ‘partnership’ 

16 means a partnership between an eligible entity de17 scribed in paragraph (1)(A) and one or more of the 

18 following entities: 

19 ‘‘(A) Local building code agencies. 

20 ‘‘(B) Codes and standards developers. 

21 ‘‘(C) Associations of builders and design 

22 and construction professionals. 

23 ‘‘(D) Local and utility energy efficiency 

24 programs. 

25 ‘‘(E) Consumer, energy efficiency, and en26 vironmental advocates. 


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1 ‘‘(F) Other entities, as determined by the 

2 Secretary. 

3 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

4 the Secretary of Energy. 

5 ‘‘(b) ESTABLISHMENT.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall estab7 lish within the Building Technologies Office of the 

8 Department of Energy a program under which the 

9 Secretary shall award grants on a competitive basis 

10 to eligible entities to enable sustained cost-effective 

11 implementation of updated building energy codes. 

12 ‘‘(2) UPDATED BUILDING ENERGY CODE.—An 

13 update to a building energy code under this section 

14 shall include any update made available after the ex15 isting building energy code, even if it is not the most 

16 recent updated code available. 

17 ‘‘(c) CRITERIA; PRIORITY.—In awarding grants 

18 under subsection (b), the Secretary shall— 

19 ‘‘(1) consider— 

20 ‘‘(A) prospective energy savings and plans 

21 to measure the savings; 

22 ‘‘(B) the long-term sustainability of those 

23 measures and savings; 


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1 ‘‘(C) prospective benefits, and plans to as2 sess the benefits, including benefits relating 

3 to— 

4 ‘‘(i) resilience and peak load reduc5 tion; 

6 ‘‘(ii) occupant safety and health; and 

7 ‘‘(iii) environmental performance; 

8 ‘‘(D) the demonstrated capacity of the eli9 gible entity to carry out the proposed project; 

10 and 

11 ‘‘(E) the need of the eligible entity for as12 sistance; and 

13 ‘‘(2) give priority to applications from partner14 ships. 

15 ‘‘(d) ELIGIBLE ACTIVITIES.— 

16 ‘‘(1) IN GENERAL.—An eligible entity awarded 

17 a grant under this section may use the grant 

18 funds— 

19 ‘‘(A) to create or enable State or regional 

20 partnerships to provide training and materials 

21 to— 

22 ‘‘(i) builders, contractors and sub23 contractors, architects, and other design 

24 and construction professionals, relating to 


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1 meeting updated building energy codes in a 

2 cost-effective manner; and 

3 ‘‘(ii) building code officials, relating to 

4 improving implementation of and compli5 ance with building energy codes; 

6 ‘‘(B) to collect and disseminate quan7 titative data on construction and codes imple8 mentation, including code pathways, perform9 ance metrics, and technologies used; 

10 ‘‘(C) to develop and implement a plan for 

11 highly effective codes implementation, including 

12 measuring compliance; 

13 ‘‘(D) to address various implementation 

14 needs in rural, suburban, and urban areas; and 

15 ‘‘(E) to implement updates in energy codes 

16 for— 

17 ‘‘(i) new residential and commercial 

18 buildings (including multifamily buildings); 

19 and 

20 ‘‘(ii) additions and alterations to ex21 isting residential and commercial buildings 

22 (including multifamily buildings). 

23 ‘‘(2) RELATED TOPICS.—Training and mate24 rials provided using a grant under this section may 


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1 include information on the relationship between en2 ergy codes and— 

3 ‘‘(A) cost-effective, high-performance, and 

4 zero-net-energy buildings; 

5 ‘‘(B) improving resilience, health, and safe6 ty; 

7 ‘‘(C) water savings and other environ8 mental impacts; and 

9 ‘‘(D) the economic impacts of energy 

10 codes. 

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary to carry 

13 out this section— 

14 ‘‘(1) $25,000,000 for each of fiscal years 2020 

15 through 2029; and 

16 ‘‘(2) for fiscal year 2030 and each fiscal year 

17 thereafter, such sums as are necessary.’’. 

18 (b) CONFORMING AMENDMENT.—Section 303 of the 

19 Energy Conservation and Production Act (42 U.S.C. 

20 6832) is amended, in the matter preceding paragraph (1), 

21 by striking ‘‘As used in’’ and inserting ‘‘Except as other22 wise provided, in’’. 


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1 SEC. 103. COMMERCIAL BUILDING ENERGY CONSUMPTION 

2 INFORMATION SHARING. 

3 (a) IN GENERAL.—Not later than 120 days after the 

4 date of enactment of this Act, the Administrator of the 

5 Energy Information Administration (referred to in this 

6 section as the ‘‘Administrator’’) and the Administrator of 

7 the Environmental Protection Agency shall sign, and sub8 mit to Congress, an information sharing agreement (re9 ferred to in this section as the ‘‘agreement’’) relating to 

10 commercial building energy consumption data. 

11 (b) CONTENT OF AGREEMENT.—The agreement 

12 shall— 

13 (1) provide that the Administrator shall have 

14 access to building-specific data in the Portfolio Man15 ager database of the Environmental Protection 

16 Agency; 

17 (2) describe the manner in which the Adminis18 trator shall incorporate appropriate data (including 

19 the data described in subsection (c)) into any Com20 mercial Buildings Energy Consumption Survey (re21 ferred to in this section as ‘‘CBECS’’) published 

22 after the date of enactment of this Act for the pur23 pose of analyzing and estimating building popu24 lation, size, location, activity, energy usage, and any 

25 other relevant building characteristic; and 

26 (3) describe and compare— 


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1 (A) the methodologies that the Energy In2 formation Administration, the Environmental 

3 Protection Agency, and State and local govern4 ment managers use to maximize the quality, re5 liability, and integrity of data collected through 

6 CBECS, the Portfolio Manager database of the 

7 Environmental Protection Agency, and State 

8 and local building energy disclosure laws (in9 cluding regulations), respectively, and the man10 ner in which those methodologies can be im11 proved; and 

12 (B) consistencies and variations in data for 

13 buildings that were captured in the 2012 

14 CBECS cycle and in the Portfolio Manager 

15 database of the Environmental Protection 

16 Agency. 

17 (c) DATA.—The data referred in subsection (b)(2) in18 cludes data that— 

19 (1) is collected through the Portfolio Manager 

20 database of the Environmental Protection Agency; 

21 (2) is required to be publicly available on the 

22 internet under State and local government building 

23 energy disclosure laws (including regulations); and 

24 (3) includes information on private sector build25 ings that are not less than 250,000 square feet. 


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1 (d) PROTECTION OF INFORMATION.—In carrying out 

2 the agreement, the Administrator and the Administrator 

3 of the Environmental Protection Agency shall protect in4 formation in accordance with— 

5 (1) section 552(b)(4) of title 5, United States 

6 Code (commonly known as the ‘Freedom of Informa7 tion Act’); 

8 (2) subchapter III of chapter 35 of title 44, 

9 United States Code; and 

10 (3) any other applicable law (including regula11 tions). 

12 Subtitle B—Worker Training and 

13 Capacity Building 

14 SEC. 111. BUILDING TRAINING AND ASSESSMENT CENTERS. 

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

16 grants to institutions of higher education (as defined in 

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

18 U.S.C. 1001)) and Tribal Colleges or Universities (as de19 fined in section 316(b) of that Act (20 U.S.C. 1059c(b))) 

20 to establish building training and assessment centers— 

21 (1) to identify opportunities for optimizing en22 ergy efficiency and environmental performance in 

23 buildings; 


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1 (2) to promote the application of emerging con2 cepts and technologies in commercial and institu3 tional buildings; 

4 (3) to train engineers, architects, building sci5 entists, building energy permitting and enforcement 

6 officials, and building technicians in energy-efficient 

7 design and operation; 

8 (4) to assist institutions of higher education 

9 and Tribal Colleges or Universities in training build10 ing technicians; 

11 (5) to promote research and development for 

12 the use of alternative energy sources and distributed 

13 generation to supply heat and power for buildings, 

14 particularly energy-intensive buildings; and 

15 (6) to coordinate with and assist State-accred16 ited technical training centers, community colleges, 

17 Tribal Colleges or Universities, and local offices of 

18 the National Institute of Food and Agriculture and 

19 ensure appropriate services are provided under this 

20 section to each region of the United States. 

21 (b) COORDINATION AND NONDUPLICATION.— 

22 (1) IN GENERAL.—The Secretary shall coordi23 nate the program with the industrial research and 

24 assessment centers program and with other Federal 

25 programs to avoid duplication of effort. 


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1 (2) COLLOCATION.—To the maximum extent 

2 practicable, building, training, and assessment cen3 ters established under this section shall be collocated 

4 with Industrial Assessment Centers. 

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out this section 

7 $10,000,000, to remain available until expended. 

8 SEC. 112. CAREER SKILLS TRAINING. 

9 (a) DEFINITION OF ELIGIBLE ENTITY.—In this sec10 tion, the term ‘‘eligible entity’’ means a nonprofit partner11 ship that— 

12 (1) includes the equal participation of industry, 

13 including public or private employers, and labor or14 ganizations, including joint labor-management train15 ing programs; 

16 (2) may include workforce investment boards, 

17 community-based organizations, qualified service and 

18 conservation corps, educational institutions, small 

19 businesses, cooperatives, State and local veterans 

20 agencies, and veterans service organizations; and 

21 (3) demonstrates— 

22 (A) experience in implementing and oper23 ating worker skills training and education pro24 grams; 


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1 (B) the ability to identify and involve in 

2 training programs carried out under this sec3 tion, target populations of individuals who 

4 would benefit from training and be actively in5 volved in activities relating to energy efficiency 

6 and renewable energy industries; and 

7 (C) the ability to help individuals achieve 

8 economic self-sufficiency. 

9 (b) ESTABLISHMENT.—The Secretary shall award 

10 grants to eligible entities to pay the Federal share of asso11 ciated career skills training programs under which stu12 dents concurrently receive classroom instruction and on13 the-job training for the purpose of obtaining an industry14 related certification to install energy efficient buildings 

15 technologies, including technologies described in sub16 section (b)(3) of section 307 of the Energy Conservation 

17 and Production Act (42 U.S.C. 6836). 

18 (c) FEDERAL SHARE.—The Federal share of the cost 

19 of carrying out a career skills training program described 

20 in subsection (a) shall be 50 percent. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $10,000,000, to remain available until expended. 


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1 Subtitle C—School Buildings 

2 SEC. 121. COORDINATION OF ENERGY RETROFITTING AS3 SISTANCE FOR SCHOOLS. 

4 (a) DEFINITION OF SCHOOL.—In this section, the 

5 term ‘‘school’’ means— 

6 (1) an elementary school or secondary school 

7 (as defined in section 8101 of the Elementary and 

8 Secondary Education Act of 1965 (20 U.S.C. 

9 7801)); 

10 (2) an institution of higher education (as de11 fined in section 102(a) of the Higher Education Act 

12 of 1965 (20 U.S.C. 1002(a))); 

13 (3) a school of the defense dependents’ edu14 cation system under the Defense Dependents’ Edu15 cation Act of 1978 (20 U.S.C. 921 et seq.) or estab16 lished under section 2164 of title 10, United States 

17 Code; 

18 (4) a school operated by the Bureau of Indian 

19 Affairs; 

20 (5) a tribally controlled school (as defined in 

21 section 5212 of the Tribally Controlled Schools Act 

22 of 1988 (25 U.S.C. 2511)); and 

23 (6) a Tribal College or University (as defined in 

24 section 316(b) of the Higher Education Act of 1965 

25 (20 U.S.C. 1059c(b))). 


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1 (b) DESIGNATION OF LEAD AGENCY.—The Sec2 retary, acting through the Office of Energy Efficiency and 

3 Renewable Energy, shall act as the lead Federal agency 

4 for coordinating and disseminating information on exist5 ing Federal programs and assistance that may be used 

6 to help initiate, develop, and finance energy efficiency, re7 newable energy, and energy retrofitting projects for 

8 schools. 

9 (c) REQUIREMENTS.—In carrying out coordination 

10 and outreach under subsection (b), the Secretary shall— 

11 (1) in consultation and coordination with the 

12 appropriate Federal agencies, carry out a review of 

13 existing programs and financing mechanisms (in14 cluding revolving loan funds and loan guarantees) 

15 available in or from the Department of Agriculture, 

16 the Department of Energy, the Department of Edu17 cation, the Department of the Treasury, the Internal 

18 Revenue Service, the Environmental Protection 

19 Agency, and other appropriate Federal agencies with 

20 jurisdiction over energy financing and facilitation 

21 that are currently used or may be used to help ini22 tiate, develop, and finance energy efficiency, renew23 able energy, and energy retrofitting projects for 

24 schools; 


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1 (2) establish a Federal cross-departmental col2 laborative coordination, education, and outreach ef3 fort to streamline communication and promote avail4 able Federal opportunities and assistance described 

5 in paragraph (1), for energy efficiency, renewable 

6 energy, and energy retrofitting projects that enables 

7 States, local educational agencies, and schools— 

8 (A) to use existing Federal opportunities 

9 more effectively; and 

10 (B) to form partnerships with Governors, 

11 State energy programs, local educational, finan12 cial, and energy officials, State and local gov13 ernment officials, nonprofit organizations, and 

14 other appropriate entities, to support the initi15 ation of the projects; 

16 (3) provide technical assistance for States, local 

17 educational agencies, and schools to help develop 

18 and finance energy efficiency, renewable energy, and 

19 energy retrofitting projects— 

20 (A) to increase the energy efficiency of 

21 buildings or facilities; 

22 (B) to install systems that individually 

23 generate energy from renewable energy re24 sources; 


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1 (C) to establish partnerships to leverage 

2 economies of scale and additional financing 

3 mechanisms available to larger clean energy ini4 tiatives; or 

5 (D) to promote— 

6 (i) the maintenance of health, environ7 mental quality, and safety in schools, in8 cluding the ambient air quality, through 

9 energy efficiency, renewable energy, and 

10 energy retrofit projects; and 

11 (ii) the achievement of expected en12 ergy savings and renewable energy produc13 tion through proper operations and main14 tenance practices; 

15 (4) develop and maintain a single online re16 source website with contact information for relevant 

17 technical assistance and support staff in the Office 

18 of Energy Efficiency and Renewable Energy for 

19 States, local educational agencies, and schools to ef20 fectively access and use Federal opportunities and 

21 assistance described in paragraph (1) to develop en22 ergy efficiency, renewable energy, and energy retro23 fitting projects; and 

24 (5) establish a process for recognition of schools 

25 that— 


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1 (A) have successfully implemented energy 

2 efficiency, renewable energy, and energy retro3 fitting projects; and 

4 (B) are willing to serve as resources for 

5 other local educational agencies and schools to 

6 assist initiation of similar efforts. 

7 (d) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, the Secretary shall submit to 

9 Congress a report describing the implementation of this 

10 section. 

11 TITLE II—INDUSTRIAL EFFI12 CIENCY AND COMPETITIVE13 NESS 

14 Subtitle A—Manufacturing Energy 

15 Efficiency 

16 SEC. 201. PURPOSES. 

17 The purposes of this subtitle are— 

18 (1) to establish a clear and consistent authority 

19 for industrial efficiency programs of the Department 

20 of Energy; 

21 (2) to accelerate the deployment of technologies 

22 and practices that will increase industrial energy ef23 ficiency and improve productivity; 

24 (3) to accelerate the development and dem25 onstration of technologies that will assist the deployVerDate Sep 11 2014 22:00 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S2137.RS S2137

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1 ment goals of the industrial efficiency programs of 

2 the Department of Energy and increase manufac3 turing efficiency; 

4 (4) to stimulate domestic economic growth and 

5 improve industrial productivity and competitiveness; 

6 (5) to meet the future workforce needs of in7 dustry; and 

8 (6) to strengthen partnerships between Federal 

9 and State governmental agencies and the private 

10 and academic sectors. 

11 SEC. 202. FUTURE OF INDUSTRY PROGRAM AND INDUS12 TRIAL RESEARCH AND ASSESSMENT CEN13 TERS. 

14 (a) FUTURE OF INDUSTRY PROGRAM.—Section 452 

15 of the Energy Independence and Security Act of 2007 (42 

16 U.S.C. 17111) is amended— 

17 (1) by striking the section heading and insert18 ing the following: ‘‘FUTURE OF INDUSTRY PRO19 GRAM’’; 

20 (2) in subsection (a)(2)— 

21 (A) by redesignating subparagraph (E) as 

22 subparagraph (F); and 

23 (B) by inserting after subparagraph (D) 

24 the following: 


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1 ‘‘(E) water and wastewater treatment fa2 cilities, including systems that treat municipal, 

3 industrial, and agricultural waste; and’’; 

4 (3) by striking subsection (e); and 

5 (4) by redesignating subsection (f) as sub6 section (e). 

7 (b) INDUSTRIAL RESEARCH AND ASSESSMENT CEN8 TERS.—Subtitle D of title IV of the Energy Independence 

9 and Security Act of 2007 (42 U.S.C. 17111 et seq.) is 

10 amended by adding at the end the following: 

11 ‘‘SEC. 454. INDUSTRIAL RESEARCH AND ASSESSMENT CEN12 TERS. 

13 ‘‘(a) DEFINITIONS.—In this section: 

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

15 ‘energy service provider’ means— 

16 ‘‘(A) any business providing technology or 

17 services to improve the energy efficiency, water 

18 efficiency, power factor, or load management of 

19 a manufacturing site or other industrial process 

20 in an energy-intensive industry (as defined in 

21 section 452(a)); and 

22 ‘‘(B) any utility operating under a utility 

23 energy service project. 


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1 ‘‘(2) INDUSTRIAL RESEARCH AND ASSESSMENT

2 CENTER.—The term ‘industrial research and assess3 ment center’ means— 

4 ‘‘(A) an institution of higher education5 based industrial research and assessment center 

6 that is funded by the Secretary under sub7 section (b); and 

8 ‘‘(B) an industrial research and assess9 ment center at a trade school, community col10 lege, or union training program that is funded 

11 by the Secretary under subsection (f). 

12 ‘‘(b) INSTITUTION OF HIGHER EDUCATION-BASED

13 INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.— 

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

15 funding to institution of higher education-based in16 dustrial research and assessment centers. 

17 ‘‘(2) PURPOSE.—The purpose of each institu18 tion of higher education-based industrial research 

19 and assessment center shall be— 

20 ‘‘(A) to identify opportunities for opti21 mizing energy efficiency and environmental per22 formance, including implementation of— 

23 ‘‘(i) smart manufacturing; 

24 ‘‘(ii) energy management systems; 

25 ‘‘(iii) sustainable manufacturing; and 


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1 ‘‘(iv) information technology advance2 ments for supply chain analysis, logistics, 

3 system monitoring, industrial and manu4 facturing processes, and other purposes; 

5 ‘‘(B) to promote applications of emerging 

6 concepts and technologies in small- and me7 dium-sized manufacturers (including water and 

8 wastewater treatment facilities and federally 

9 owned manufacturing facilities); 

10 ‘‘(C) to promote research and development 

11 for the use of alternative energy sources to sup12 ply heat, power, and new feedstocks for energy13 intensive industries; 

14 ‘‘(D) to coordinate with appropriate Fed15 eral and State research offices; 

16 ‘‘(E) to provide a clearinghouse for indus17 trial process and energy efficiency technical as18 sistance resources; and 

19 ‘‘(F) to coordinate with State-accredited 

20 technical training centers and community col21 leges, while ensuring appropriate services to all 

22 regions of the United States. 

23 ‘‘(c) COORDINATION.—To increase the value and ca24 pabilities of the industrial research and assessment cen25 ters, the centers shall— 


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1 ‘‘(1) coordinate with Manufacturing Extension 

2 Partnership Centers of the National Institute of 

3 Standards and Technology; 

4 ‘‘(2) coordinate with the Federal Energy Man5 agement Program and the Building Technologies 

6 Program of the Department of Energy to provide 

7 building assessment services to manufacturers; 

8 ‘‘(3) increase partnerships with the National 

9 Laboratories of the Department of Energy to lever10 age the expertise, technologies, and research and de11 velopment capabilities of the National Laboratories 

12 for national industrial and manufacturing needs; 

13 ‘‘(4) increase partnerships with energy service 

14 providers and technology providers to leverage pri15 vate sector expertise and accelerate deployment of 

16 new and existing technologies and processes for en17 ergy efficiency, power factor, and load management; 

18 ‘‘(5) identify opportunities for reducing green19 house gas emissions and other air emissions; and 

20 ‘‘(6) promote sustainable manufacturing prac21 tices for small- and medium-sized manufacturers. 

22 ‘‘(d) OUTREACH.—The Secretary shall provide fund23 ing for— 

24 ‘‘(1) outreach activities by the industrial re25 search and assessment centers to inform small- and 


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1 medium-sized manufacturers of the information, 

2 technologies, and services available; and 

3 ‘‘(2) coordination activities by each industrial 

4 research and assessment center to leverage efforts 

5 with— 

6 ‘‘(A) Federal and State efforts; 

7 ‘‘(B) the efforts of utilities and energy 

8 service providers; 

9 ‘‘(C) the efforts of regional energy effi10 ciency organizations; and 

11 ‘‘(D) the efforts of other industrial re12 search and assessment centers. 

13 ‘‘(e) CENTERS OF EXCELLENCE.— 

14 ‘‘(1) ESTABLISHMENT.—The Secretary shall es15 tablish a Center of Excellence at not more than 5 

16 of the highest-performing industrial research and as17 sessment centers, as determined by the Secretary. 

18 ‘‘(2) DUTIES.—A Center of Excellence shall co19 ordinate with and advise the industrial research and 

20 assessment centers located in the region of the Cen21 ter of Excellence, including— 

22 ‘‘(A) by mentoring new directors and staff 

23 of the industrial research and assessment cen24 ters with respect to— 

25 ‘‘(i) the availability of resources; and 


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1 ‘‘(ii) best practices for carrying out 

2 assessments, including through the partici3 pation of the staff of the Center of Excel4 lence in assessments carried out by new in5 dustrial research and assessment centers; 

6 ‘‘(B) by providing training to staff and 

7 students at the industrial research and assess8 ment centers on new technologies, practices, 

9 and tools to expand the scope and impact of the 

10 assessments carried out by the centers; 

11 ‘‘(C) by assisting the industrial research 

12 and assessment centers with specialized tech13 nical opportunities, including by providing a 

14 clearinghouse of available expertise and tools to 

15 assist the centers and clients of the centers in 

16 assessing and implementing those opportunities; 

17 ‘‘(D) by identifying and coordinating with 

18 regional, State, local, and utility energy effi19 ciency programs for the purpose of facilitating 

20 efforts by industrial research and assessment 

21 centers to connect industrial facilities receiving 

22 assessments from those centers with regional, 

23 State, local, and utility energy efficiency pro24 grams that could aid the industrial facilities in 


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1 implementing any recommendations resulting 

2 from the assessments; 

3 ‘‘(E) by facilitating coordination between 

4 the industrial research and assessment centers 

5 and other Federal programs described in para6 graphs (1) through (3) of subsection (c); and 

7 ‘‘(F) by coordinating the outreach activi8 ties of the industrial research and assessment 

9 centers under subsection (d)(1). 

10 ‘‘(3) FUNDING.—Subject to the availability of 

11 appropriations, for each fiscal year, out of any 

12 amounts made available to carry out this section 

13 under subsection (i), the Secretary shall use not less 

14 than $500,000 to support each Center of Excellence. 

15 ‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH AND AS16 SESSMENT CENTERS.— 

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

18 funding to establish additional industrial research 

19 and assessment centers at trade schools, community 

20 colleges, and union training programs. 

21 ‘‘(2) PURPOSE.— 

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (B), to the maximum extent practicable, 

24 an industrial research and assessment center 

25 established under paragraph (1) shall have the 


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1 same purpose as an institution of higher edu2 cation-based industrial research center that is 

3 funded by the Secretary under subsection 

4 (b)(1). 

5 ‘‘(B) CONSIDERATION OF CAPABILITIES.— 

6 In evaluating or establishing the purpose of an 

7 industrial research and assessment center es8 tablished under paragraph (1), the Secretary 

9 shall take into consideration the varying capa10 bilities of trade schools, community colleges, 

11 and union training programs. 

12 ‘‘(g) WORKFORCE TRAINING.— 

13 ‘‘(1) INTERNSHIPS.—The Secretary shall pay 

14 the Federal share of associated internship programs 

15 under which students work with or for industries, 

16 manufacturers, and energy service providers to im17 plement the recommendations of industrial research 

18 and assessment centers. 

19 ‘‘(2) APPRENTICESHIPS.—The Secretary shall 

20 pay the Federal share of associated apprenticeship 

21 programs under which— 

22 ‘‘(A) students work with or for industries, 

23 manufacturers, and energy service providers to 

24 implement the recommendations of industrial 

25 research and assessment centers; and 


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1 ‘‘(B) employees of facilities that have re2 ceived an assessment from an industrial re3 search and assessment center work with or for 

4 an industrial research and assessment center to 

5 gain knowledge on engineering practices and 

6 processes to improve productivity and energy 

7 savings. 

8 ‘‘(3) FEDERAL SHARE.—The Federal share of 

9 the cost of carrying out internship programs de10 scribed in paragraph (1) and apprenticeship pro11 grams described in paragraph (2) shall be 50 per12 cent. 

13 ‘‘(h) SMALL BUSINESS LOANS.—The Administrator 

14 of the Small Business Administration shall, to the max15 imum extent practicable, expedite consideration of applica16 tions from eligible small business concerns for loans under 

17 the Small Business Act (15 U.S.C. 631 et seq.) to imple18 ment recommendations developed by the industrial re19 search and assessment centers. 

20 ‘‘(i) FUNDING.—There is authorized to be appro21 priated to the Secretary to carry out this section 

22 $30,000,000 for each fiscal year, to remain available until 

23 expended.’’. 

24 (c) CLERICAL AMENDMENT.—The table of contents 

25 of the Energy Independence and Security Act of 2007 (42 


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1 U.S.C. prec. 17001) is amended by adding at the end of 

2 the items relating to subtitle D of title IV the following: 

‘‘Sec. 454. Industrial research and assessment centers.’’. 

3 SEC. 203. SUSTAINABLE MANUFACTURING INITIATIVE. 

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

5 Policy and Conservation Act (42 U.S.C. 6341 et seq.) is 

6 amended by adding at the end the following: 

7 ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. 

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

9 Efficiency and Renewable Energy of the Department of 

10 Energy, the Secretary, on the request of a manufacturer, 

11 shall carry out onsite technical assessments to identify op12 portunities for— 

13 ‘‘(1) maximizing the energy efficiency of indus14 trial processes and cross-cutting systems; 

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

16 ‘‘(3) improving efficient use of water in manu17 facturing processes; 

18 ‘‘(4) conserving natural resources; and 

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

20 determines to be appropriate. 

21 ‘‘(b) COORDINATION.—To implement any rec22 ommendations resulting from an onsite technical assess23 ment carried out under subsection (a) and to accelerate 

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1 esses that improve energy efficiency, the Secretary shall 

2 coordinate with— 

3 ‘‘(1) the Advanced Manufacturing Office of the 

4 Department of Energy; 

5 ‘‘(2) the Building Technologies Office of the 

6 Department of Energy; 

7 ‘‘(3) the Federal Energy Management Program 

8 of the Department of Energy; and 

9 ‘‘(4) the private sector and other appropriate 

10 agencies, including the National Institute of Stand11 ards and Technology. 

12 ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM FOR

13 SUSTAINABLE MANUFACTURING AND INDUSTRIAL TECH14 NOLOGIES AND PROCESSES.—As part of the industrial ef15 ficiency programs of the Department of Energy, the Sec16 retary shall carry out a joint industry-government partner17 ship program to research, develop, and demonstrate new 

18 sustainable manufacturing and industrial technologies and 

19 processes that maximize the energy efficiency of industrial 

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

21 (b) CLERICAL AMENDMENT.—The table of contents 

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

23 prec. 6201) is amended by adding at the end of the items 

24 relating to part E of title III the following: 

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


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1 SEC. 204. CONFORMING AMENDMENTS. 

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

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

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

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

6 13453, 13456) are repealed. 

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

8 (42 U.S.C. 13451(a)) is amended in the third sentence 

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

10 2107, and 2108’’ and inserting ‘‘sections 2102, 2104, 

11 2105, 2106, and 2108 of this Act and section 376 of the 

12 Energy Policy and Conservation Act,’’. 

13 Subtitle B—Extended Product 

14 System Rebate Program 

15 SEC. 211. EXTENDED PRODUCT SYSTEM REBATE PROGRAM. 

16 (a) DEFINITIONS.—In this section: 

17 (1) ELECTRIC MOTOR.—The term ‘‘electric 

18 motor’’ has the meaning given the term in section 

19 431.12 of title 10, Code of Federal Regulations (as 

20 in effect on the date of enactment of this Act). 

21 (2) ELECTRONIC CONTROL.—The term ‘‘elec22 tronic control’’ means— 

23 (A) a power converter; or 

24 (B) a combination of a power circuit and 

25 control circuit included on 1 chassis. 


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1 (3) EXTENDED PRODUCT SYSTEM.—The term 

2 ‘‘extended product system’’ means an electric motor 

3 and any required associated electronic control and 

4 driven load that— 

5 (A) offers variable speed or multispeed op6 eration; 

7 (B) offers partial load control that reduces 

8 input energy requirements (as measured in kilo9 watt-hours) as compared to identified base lev10 els set by the Secretary; and 

11 (C)(i) has greater than 1 horsepower; and 

12 (ii) uses an extended product system tech13 nology, as determined by the Secretary. 

14 (4) QUALIFIED EXTENDED PRODUCT SYS15 TEM.— 

16 (A) IN GENERAL.—The term ‘‘qualified ex17 tended product system’’ means an extended 

18 product system that— 

19 (i) includes an electric motor and an 

20 electronic control; and 

21 (ii) reduces the input energy (as 

22 measured in kilowatt-hours) required to 

23 operate the extended product system by 

24 not less than 5 percent, as compared to 

25 identified base levels set by the Secretary. 


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1 (B) INCLUSIONS.—The term ‘‘qualified ex2 tended product system’’ includes commercial or 

3 industrial machinery or equipment that— 

4 (i)(I) did not previously make use of 

5 the extended product system prior to the 

6 redesign described in subclause (II); and 

7 (II) incorporates an extended product 

8 system that has greater than 1 horsepower 

9 into redesigned machinery or equipment; 

10 and 

11 (ii) was previously used prior to, and 

12 was placed back into service during, cal13 endar year 2020 or 2021. 

14 (b) ESTABLISHMENT.—Not later than 180 days after 

15 the date of enactment of this Act, the Secretary shall es16 tablish a program to provide rebates for expenditures 

17 made by qualified entities for the purchase or installation 

18 of a qualified extended product system. 

19 (c) QUALIFIED ENTITIES.— 

20 (1) ELIGIBILITY REQUIREMENTS.—A qualified 

21 entity under this section shall be— 

22 (A) in the case of a qualified extended 

23 product system described in subsection 

24 (a)(4)(A), the purchaser of the qualified ex25 tended product that is installed; and 


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1 (B) in the case of a qualified extended 

2 product system described in subsection 

3 (a)(4)(B), the manufacturer of the commercial 

4 or industrial machinery or equipment that in5 corporated the extended product system into 

6 that machinery or equipment. 

7 (2) APPLICATION.—To be eligible to receive a 

8 rebate under this section, a qualified entity shall 

9 submit to the Secretary— 

10 (A) an application in such form, at such 

11 time, and containing such information as the 

12 Secretary may require; and 

13 (B) a certification that includes dem14 onstrated evidence— 

15 (i) that the entity is a qualified entity; 

16 and 

17 (ii)(I) in the case of a qualified entity 

18 described in paragraph (1)(A)— 

19 (aa) that the qualified entity in20 stalled the qualified extended product 

21 system during the 2 fiscal years fol22 lowing the date of enactment of this 

23 Act; 


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1 (bb) that the qualified extended 

2 product system meets the require3 ments of subsection (a)(4)(A); and 

4 (cc) showing the serial number, 

5 manufacturer, and model number 

6 from the nameplate of the installed 

7 motor of the qualified entity on which 

8 the qualified extended product system 

9 was installed; or 

10 (II) in the case of a qualified entity 

11 described in paragraph (1)(B), dem12 onstrated evidence— 

13 (aa) that the qualified extended 

14 product system meets the require15 ments of subsection (a)(4)(B); and 

16 (bb) showing the serial number, 

17 manufacturer, and model number 

18 from the nameplate of the installed 

19 motor of the qualified entity with 

20 which the extended product system is 

21 integrated. 

22 (d) AUTHORIZED AMOUNT OF REBATE.— 

23 (1) IN GENERAL.—The Secretary may provide 

24 to a qualified entity a rebate in an amount equal to 

25 the product obtained by multiplying— 


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1 (A) an amount equal to the sum of the 

2 nameplate rated horsepower of— 

3 (i) the electric motor to which the 

4 qualified extended product system is at5 tached; and 

6 (ii) the electronic control; and 

7 (B) $25. 

8 (2) MAXIMUM AGGREGATE AMOUNT.—A quali9 fied entity shall not be entitled to aggregate rebates 

10 under this section in excess of $25,000 per calendar 

11 year. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $5,000,000 for each of the first 2 full fiscal years following 

15 the date of enactment of this Act, to remain available until 

16 expended. 

17 Subtitle C—Transformer Rebate 

18 Program 

19 SEC. 221. ENERGY EFFICIENT TRANSFORMER REBATE PRO20 GRAM. 

21 (a) DEFINITIONS.—In this section: 

22 (1) QUALIFIED ENERGY EFFICIENT TRANS23 FORMER.—The term ‘‘qualified energy efficient 

24 transformer’’ means a transformer that meets or ex25 ceeds the applicable energy conservation standards 


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1 described in the tables in subsection (b)(2) and 

2 paragraphs (1) and (2) of subsection (c) of section 

3 431.196 of title 10, Code of Federal Regulations (as 

4 in effect on the date of enactment of this Act). 

5 (2) QUALIFIED ENERGY INEFFICIENT TRANS6 FORMER.—The term ‘‘qualified energy inefficient 

7 transformer’’ means a transformer with an equal 

8 number of phases and capacity to a transformer de9 scribed in any of the tables in subsection (b)(2) and 

10 paragraphs (1) and (2) of subsection (c) of section 

11 431.196 of title 10, Code of Federal Regulations (as 

12 in effect on the date of enactment of this Act) 

13 that— 

14 (A) does not meet or exceed the applicable 

15 energy conservation standards described in 

16 paragraph (1); and 

17 (B)(i) was manufactured between January 

18 1, 1987, and December 31, 2008, for a trans19 former with an equal number of phases and ca20 pacity as a transformer described in the table 

21 in subsection (b)(2) of section 431.196 of title 

22 10, Code of Federal Regulations (as in effect on 

23 the date of enactment of this Act); or 

24 (ii) was manufactured between January 1, 

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1 former with an equal number of phases and ca2 pacity as a transformer described in the table 

3 in paragraph (1) or (2) of subsection (c) of that 

4 section (as in effect on the date of enactment 

5 of this Act). 

6 (3) QUALIFIED ENTITY.—The term ‘‘qualified 

7 entity’’ means an owner of industrial or manufac8 turing facilities, commercial buildings, or multifamily 

9 residential buildings, a utility, or an energy service 

10 company that fulfills the requirements of subsection 

11 (d). 

12 (b) ESTABLISHMENT.—Not later than 90 days after 

13 the date of enactment of this Act, the Secretary shall es14 tablish a program to provide rebates to qualified entities 

15 for expenditures made by the qualified entity for the re16 placement of a qualified energy inefficient transformer 

17 with a qualified energy efficient transformer. 

18 (c) REQUIREMENTS.—To be eligible to receive a re19 bate under this section, an entity shall submit to the Sec20 retary an application in such form, at such time, and con21 taining such information as the Secretary may require, in22 cluding demonstrated evidence— 

23 (1) that the entity purchased a qualified energy 

24 efficient transformer; 


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1 (2) of the core loss value of the qualified energy 

2 efficient transformer; 

3 (3) of the age of the qualified energy inefficient 

4 transformer being replaced; 

5 (4) of the core loss value of the qualified energy 

6 inefficient transformer being replaced— 

7 (A) as measured by a qualified professional 

8 or verified by the equipment manufacturer, as 

9 applicable; or 

10 (B) for transformers described in sub11 section (a)(2)(B)(i), as selected from a table of 

12 default values as determined by the Secretary 

13 in consultation with applicable industry; and 

14 (5) that the qualified energy inefficient trans15 former has been permanently decommissioned and 

16 scrapped. 

17 (d) AUTHORIZED AMOUNT OF REBATE.—The 

18 amount of a rebate provided under this section shall be— 

19 (1) for a 3-phase or single-phase transformer 

20 with a capacity of not less than 10 and not greater 

21 than 2,500 kilovolt-amperes, twice the amount equal 

22 to the difference in Watts between the core loss 

23 value (as measured in accordance with paragraphs 

24 (2) and (4) of subsection (c)) of— 


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1 (A) the qualified energy inefficient trans2 former; and 

3 (B) the qualified energy efficient trans4 former; or 

5 (2) for a transformer described in subsection 

6 (a)(2)(B)(i), the amount determined using a table of 

7 default rebate values by rated transformer output, 

8 as measured in kilovolt-amperes, as determined by 

9 the Secretary in consultation with applicable indus10 try. 

11 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $5,000,000 for each of fiscal years 2020 and 2021, to re14 main available until expended. 

15 (f) TERMINATION OF EFFECTIVENESS.—The author16 ity provided by this section terminates on December 31, 

17 2021. 

18 TITLE III—FEDERAL AGENCY 

19 ENERGY EFFICIENCY 

20 SEC. 301. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR21 MATION TECHNOLOGIES. 

22 Section 543 of the National Energy Conservation 

23 Policy Act (42 U.S.C. 8253) is amended by adding at the 

24 end the following: 


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1 ‘‘(h) FEDERAL IMPLEMENTATION STRATEGY FOR

2 ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION

3 TECHNOLOGIES.— 

4 ‘‘(1) DEFINITIONS.—In this subsection: 

5 ‘‘(A) DIRECTOR.—The term ‘Director’ 

6 means the Director of the Office of Manage7 ment and Budget. 

8 ‘‘(B) INFORMATION TECHNOLOGY.—The 

9 term ‘information technology’ has the meaning 

10 given that term in section 11101 of title 40, 

11 United States Code. 

12 ‘‘(2) DEVELOPMENT OF IMPLEMENTATION

13 STRATEGY.—Not later than 1 year after the date of 

14 enactment of the Energy Savings and Industrial 

15 Competitiveness Act of 2019, each Federal agency 

16 shall coordinate with the Director, the Secretary, 

17 and the Administrator of the Environmental Protec18 tion Agency to develop an implementation strategy 

19 (including best-practices and measurement and 

20 verification techniques) for the maintenance, pur21 chase, and use by the Federal agency of energy-effi22 cient and energy-saving information technologies at 

23 or for facilities owned and operated by the Federal 

24 agency, taking into consideration the performance 

25 goals established under paragraph (4). 


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1 ‘‘(3) ADMINISTRATION.—In developing an im2 plementation strategy under paragraph (2), each 

3 Federal agency shall consider— 

4 ‘‘(A) advanced metering infrastructure; 

5 ‘‘(B) energy efficient data center strategies 

6 and methods of increasing asset and infrastruc7 ture utilization; 

8 ‘‘(C) advanced power management tools; 

9 ‘‘(D) building information modeling, in10 cluding building energy management; 

11 ‘‘(E) secure telework and travel substi12 tution tools; and 

13 ‘‘(F) mechanisms to ensure that the agen14 cy realizes the energy cost savings of increased 

15 efficiency and utilization. 

16 ‘‘(4) PERFORMANCE GOALS.— 

17 ‘‘(A) IN GENERAL.—Not later than 180 

18 days after the date of enactment of the Energy 

19 Savings and Industrial Competitiveness Act of 

20 2019, the Director, in consultation with the 

21 Secretary, shall establish performance goals for 

22 evaluating the efforts of Federal agencies in im23 proving the maintenance, purchase, and use of 

24 energy-efficient and energy-saving information 


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1 technology at or for facilities owned and oper2 ated by the Federal agencies. 

3 ‘‘(B) BEST PRACTICES.—The Chief Infor4 mation Officers Council established under sec5 tion 3603 of title 44, United States Code, shall 

6 recommend best practices for the attainment of 

7 the performance goals established under sub8 paragraph (A), which shall include, to the ex9 tent applicable by law, consideration by a Fed10 eral agency of the use of— 

11 ‘‘(i) energy savings performance con12 tracting; and 

13 ‘‘(ii) utility energy services con14 tracting. 

15 ‘‘(5) REPORTS.— 

16 ‘‘(A) AGENCY REPORTS.—Each Federal 

17 agency shall include in the report of the agency 

18 under section 527 of the Energy Independence 

19 and Security Act of 2007 (42 U.S.C. 17143) a 

20 description of the efforts and results of the 

21 agency under this subsection. 

22 ‘‘(B) OMB GOVERNMENT EFFICIENCY RE23 PORTS AND SCORECARDS.—Effective beginning 

24 not later than October 1, 2019, the Director 

25 shall include in the annual report and scorecard 


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1 of the Director required under section 528 of 

2 the Energy Independence and Security Act of 

3 2007 (42 U.S.C. 17144) a description of the ef4 forts and results of Federal agencies under this 

5 subsection. 

6 ‘‘(C) USE OF EXISTING REPORTING STRUC7 TURES.—The Director may require Federal 

8 agencies to submit any information required to 

9 be submitted under this subsection though re10 porting structures in use as of the date of en11 actment of the Energy Savings and Industrial 

12 Competitiveness Act of 2019.’’. 

13 SEC. 302. ENERGY EFFICIENT DATA CENTERS. 

14 Section 453 of the Energy Independence and Security 

15 Act of 2007 (42 U.S.C. 17112) is amended— 

16 (1) in subsection (b)— 

17 (A) in paragraph (2)(D)(iv), by striking 

18 ‘‘determined by the organization’’ and inserting 

19 ‘‘proposed by the stakeholders’’; and 

20 (B) by striking paragraph (3); and 

21 (2) by striking subsections (c) through (g) and 

22 inserting the following: 

23 ‘‘(c) STAKEHOLDER INVOLVEMENT.— 

24 ‘‘(1) IN GENERAL.—The Secretary and the Ad25 ministrator shall carry out subsection (b) in collaboVerDate Sep 11 2014 22:00 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S2137.RS S2137

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1 ration with the information technology industry and 

2 other key stakeholders, with the goal of producing 

3 results that accurately reflect the most relevant and 

4 useful information. 

5 ‘‘(2) CONSIDERATIONS.—In carrying out the 

6 collaboration described in paragraph (1), the Sec7 retary and the Administrator shall pay particular at8 tention to organizations that— 

9 ‘‘(A) have members with expertise in en10 ergy efficiency and in the development, oper11 ation, and functionality of data centers, infor12 mation technology equipment, and software, in13 cluding representatives of hardware manufac14 turers, data center operators, and facility man15 agers; 

16 ‘‘(B) obtain and address input from the 

17 National Laboratories (as that term is defined 

18 in section 2 of the Energy Policy Act of 2005 

19 (42 U.S.C. 15801)) or any institution of higher 

20 education, research institution, industry asso21 ciation, company, or public interest group with 

22 applicable expertise; 

23 ‘‘(C) follow— 

24 ‘‘(i) commonly accepted procedures 

25 for the development of specifications; and 


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1 ‘‘(ii) accredited standards development 

2 processes; or 

3 ‘‘(D) have a mission to promote energy ef4 ficiency for data centers and information tech5 nology. 

6 ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—The 

7 Secretary and the Administrator shall consider and assess 

8 the adequacy of the specifications, measurements, best 

9 practices, and benchmarks described in subsection (b) for 

10 use by the Federal Energy Management Program, the En11 ergy Star Program, and other efficiency programs of the 

12 Department of Energy or the Environmental Protection 

13 Agency. 

14 ‘‘(e) STUDY.— 

15 ‘‘(1) DEFINITION OF REPORT.—In this sub16 section, the term ‘report’ means the report of the 

17 Lawrence Berkeley National Laboratory entitled 

18 ‘United States Data Center Energy Usage Report’ 

19 and dated June 2016, which was prepared as an up20 date to the ‘Report to Congress on Server and Data 

21 Center Energy Efficiency’, published on August 2, 

22 2007, pursuant to section 1 of Public Law 109–431 

23 (120 Stat. 2920). 

24 ‘‘(2) STUDY.—Not later than 4 years after the 

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1 trial Competitiveness Act of 2019, the Secretary, in 

2 collaboration with the Administrator, shall make 

3 available to the public an update to the report that 

4 provides— 

5 ‘‘(A) a comparison and gap analysis of the 

6 estimates and projections contained in the re7 port with new data regarding the period from 

8 2015 through 2019; 

9 ‘‘(B) an analysis considering the impact of 

10 information technologies, including virtualiza11 tion and cloud computing, in the public and pri12 vate sectors; 

13 ‘‘(C) an evaluation of the impact of the 

14 combination of cloud platforms, mobile devices, 

15 social media, and big data on data center en16 ergy usage; 

17 ‘‘(D) an evaluation of water usage in data 

18 centers and recommendations for reductions in 

19 that water usage; and 

20 ‘‘(E) updated projections and recommenda21 tions for best practices through fiscal year 

22 2025. 

23 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO24 GRAM.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, in collabo2 ration with key stakeholders and the Director of the 

3 Office of Management and Budget, shall maintain a 

4 data center energy practitioner program that pro5 vides for the certification of energy practitioners 

6 qualified to evaluate the energy usage and efficiency 

7 opportunities in federally owned and operated data 

8 centers. 

9 ‘‘(2) EVALUATIONS.—Each Federal agency 

10 shall consider having the data centers of the agency 

11 evaluated once every 4 years by energy practitioners 

12 certified pursuant to the program, whenever prac13 ticable using certified practitioners employed by the 

14 agency. 

15 ‘‘(g) OPEN DATA INITIATIVE.— 

16 ‘‘(1) IN GENERAL.—The Secretary, in collabo17 ration with key stakeholders and the Director of the 

18 Office of Management and Budget, shall establish 

19 an open data initiative relating to energy usage at 

20 federally owned and operated data centers, with the 

21 purpose of making the data available and accessible 

22 in a manner that encourages further data center in23 novation, optimization, and consolidation. 


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1 ‘‘(2) CONSIDERATION.—In establishing the ini2 tiative under paragraph (1), the Secretary shall con3 sider using the online Data Center Maturity Model. 

4 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND

5 METRICS.—The Secretary, in collaboration with key 

6 stakeholders, shall actively participate in efforts to har7 monize global specifications and metrics for data center 

8 energy and water efficiency. 

9 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec10 retary, in collaboration with key stakeholders, shall facili11 tate in the development of an efficiency metric that meas12 ures the energy efficiency of a data center (including 

13 equipment and facilities). 

14 ‘‘(j) PROTECTION OF PROPRIETARY INFORMATION.— 

15 The Secretary and the Administrator shall not disclose 

16 any proprietary information or trade secrets provided by 

17 any individual or company for the purposes of carrying 

18 out this section or the programs and initiatives established 

19 under this section.’’. 


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1 TITLE IV—REGULATORY 

2 PROVISIONS 

3 Subtitle A—Third-Party Certifi4 cation Under Energy Star Pro5 gram 

6 SEC. 401. THIRD-PARTY CERTIFICATION UNDER ENERGY 

7 STAR PROGRAM. 

8 Section 324A of the Energy Policy and Conservation 

9 Act (42 U.S.C. 6294a) is amended by adding at the end 

10 the following: 

11 ‘‘(e) THIRD-PARTY CERTIFICATION.— 

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

13 not later than 180 days after the date of enactment 

14 of this subsection, the Administrator shall revise the 

15 certification requirements for the labeling of con16 sumer, home, and office electronic products for pro17 gram partners that have complied with all require18 ments of the Energy Star program for a period of 

19 at least 18 months. 

20 ‘‘(2) ADMINISTRATION.—In the case of a pro21 gram partner described in paragraph (1), the new 

22 requirements under paragraph (1)— 

23 ‘‘(A) shall not require third-party certifi24 cation for a product to be listed; but 


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1 ‘‘(B) may require that test data and other 

2 product information be submitted to facilitate 

3 product listing and performance verification for 

4 a sample of products. 

5 ‘‘(3) THIRD PARTIES.—Nothing in this sub6 section prevents the Administrator from using third 

7 parties in the course of the administration of the 

8 Energy Star program. 

9 ‘‘(4) TERMINATION.— 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), an exemption from third-party cer12 tification provided to a program partner under 

13 paragraph (1) shall terminate if the program 

14 partner is found to have violated program re15 quirements with respect to at least 2 separate 

16 models during a 2-year period. 

17 ‘‘(B) RESUMPTION.—A termination for a 

18 program partner under subparagraph (A) shall 

19 cease if the program partner complies with all 

20 Energy Star program requirements for a period 

21 of at least 3 years.’’. 


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1 Subtitle B—Federal Green 

2 Buildings 

3 SEC. 411. HIGH-PERFORMANCE GREEN FEDERAL BUILD4 INGS. 

5 Section 436(h) of the Energy Independence and Se6 curity Act of 2007 (42 U.S.C. 17092(h)) is amended— 

7 (1) in the subsection heading, by striking ‘‘SYS8 TEM’’ and inserting ‘‘SYSTEMS’’; 

9 (2) by striking paragraph (1) and inserting the 

10 following: 

11 ‘‘(1) IN GENERAL.—Based on an ongoing re12 view, the Federal Director shall identify and shall 

13 provide to the Secretary pursuant to section 

14 305(a)(3)(D) of the Energy Conservation and Pro15 duction Act (42 U.S.C. 6834(a)(3)(D)) a list of 

16 those certification systems that the Director identi17 fies as the most likely to encourage a comprehensive 

18 and environmentally sound approach to certification 

19 of green buildings.’’; and 

20 (3) in paragraph (2)— 

21 (A) in the matter preceding subparagraph 

22 (A), by striking ‘‘system’’ and inserting ‘‘sys23 tems’’; 

24 (B) by striking subparagraph (A) and in25 serting the following: 


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1 ‘‘(A) an ongoing review provided to the 

2 Secretary pursuant to section 305(a)(3)(D) of 

3 the Energy Conservation and Production Act 

4 (42 U.S.C. 6834(a)(3)(D)), which shall— 

5 ‘‘(i) be carried out by the Federal Di6 rector to compare and evaluate standards; 

7 and 

8 ‘‘(ii) allow any developer or adminis9 trator of a rating system or certification 

10 system to be included in the review;’’; 

11 (C) in subparagraph (E)(v), by striking 

12 ‘‘and’’ after the semicolon at the end; 

13 (D) in subparagraph (F), by striking the 

14 period at the end and inserting a semicolon; 

15 and 

16 (E) by adding at the end the following: 

17 ‘‘(G) a finding that, for all credits address18 ing the sourcing of grown, harvested, or mined 

19 materials, the system rewards the use of prod20 ucts that have obtained certifications of respon21 sible sourcing, such as certifications provided by 

22 the Sustainable Forestry Initiative, the Forest 

23 Stewardship Council, the American Tree Farm 

24 System, or the Programme for the Endorse25 ment of Forest Certification; and 


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1 ‘‘(H) a finding that the system incor2 porates life-cycle assessment as a credit path3 way.’’. 

4 Subtitle C—Energy and Water Per5 formance Requirements for Fed6 eral Buildings 

7 SEC. 421. ENERGY AND WATER PERFORMANCE REQUIRE8 MENTS FOR FEDERAL BUILDINGS. 

9 (a) IN GENERAL.—Section 543 of the National En10 ergy Conservation Policy Act (42 U.S.C. 8253) is amend11 ed— 

12 (1) in the section heading, by inserting ‘‘AND

13 WATER’’ after ‘‘ENERGY’’; 

14 (2) by striking subsection (a) and inserting the 

15 following: 

16 ‘‘(a) ENERGY AND WATER PERFORMANCE REQUIRE17 MENTS FOR FEDERAL BUILDINGS.— 

18 ‘‘(1) ENERGY REQUIREMENTS.—Subject to 

19 paragraph (3), to the maximum extent life cycle 

20 cost-effective (as defined in subsection (f)(1)), each 

21 agency shall apply energy conservation measures to, 

22 and shall improve the design for the construction of, 

23 the Federal buildings of the agency (including each 

24 industrial or laboratory facility) so that the energy 

25 consumption per gross square foot of the Federal 


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1 buildings of the agency in fiscal years 2020 through 

2 2027 is reduced, as compared with the energy con3 sumption per gross square foot of the Federal build4 ings of the agency in fiscal year 2018, by the per5 centage specified in the following table: 

Percentage 

‘‘Fiscal Year Reduction 

2020 ............................................................................................. 2.5

2021 ............................................................................................. 5

2022 ............................................................................................. 7.5

2023 ............................................................................................. 10

2024 ............................................................................................. 12.5

2025 ............................................................................................. 15

2026 ............................................................................................. 17.5

2027 ............................................................................................. 20. 

6 ‘‘(2) WATER REQUIREMENTS.—Subject to para7 graph (3), the head of each Federal agency shall, for 

8 each of fiscal years 2020 through 2030, improve 

9 water use efficiency and management, including 

10 stormwater management, at facilities of the agency 

11 by reducing agency potable water consumption in12 tensity— 

13 ‘‘(A) by 54 percent by fiscal year 2030, 

14 relative to the water consumption of the agency 

15 in fiscal year 2007, through reductions of 2 

16 percent each fiscal year (as measured in gallons 

17 per gross square foot); 

18 ‘‘(B) by reducing the industrial, land19 scaping, and agricultural water consumption of 

20 the agency, as compared to a baseline of that 


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1 consumption by the agency in fiscal year 2010, 

2 through reductions of 2 percent each fiscal year 

3 (as measured in gallons); and 

4 ‘‘(C) by installing appropriate infrastruc5 ture features on federally owned property to im6 prove stormwater and wastewater management. 

7 ‘‘(3) ENERGY AND WATER INTENSIVE BUILDING

8 EXCLUSION.— 

9 ‘‘(A) IN GENERAL.—An agency may ex10 clude from the requirements of paragraphs (1) 

11 and (2) any building (including the associated 

12 energy consumption and gross square footage of 

13 the building) in which energy and water inten14 sive activities are carried out. 

15 ‘‘(B) REPORTS.—Each agency shall iden16 tify and include in each report under section 

17 548(a) each building designated by the agency 

18 for exclusion under subparagraph (A) during 

19 the period covered by the report. 

20 ‘‘(4) RECOMMENDATIONS.—Not later than De21 cember 31, 2026, the Secretary shall— 

22 ‘‘(A) review the results of the implementa23 tion of the energy and water performance re24 quirements established under paragraph (1); 


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1 ‘‘(B) submit to Congress recommendations 

2 concerning energy performance requirements 

3 for fiscal years 2028 through 2037; and 

4 ‘‘(C) submit to Congress recommendations 

5 concerning water performance requirements for 

6 fiscal years 2031 through 2040.’’; 

7 (3) in subsection (b)— 

8 (A) in the subsection heading, by inserting 

9 ‘‘AND WATER’’ after ‘‘ENERGY’’; 

10 (B) by redesignating paragraphs (2) 

11 through (4) as paragraphs (3) through (5), re12 spectively; and 

13 (C) by striking paragraph (1) and insert14 ing the following: 

15 ‘‘(1) IN GENERAL.—Each agency shall— 

16 ‘‘(A) not later than October 1, 2019, to 

17 the maximum extent practicable, begin install18 ing in Federal buildings owned by the United 

19 States all energy and water conservation meas20 ures determined by the Secretary to be life cycle 

21 cost-effective (as defined in subsection (f)(1)); 

22 and 

23 ‘‘(B) complete the installation described in 

24 subparagraph (A) as soon as practicable after 

25 the date referred to in that subparagraph. 


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1 ‘‘(2) EXPLANATION OF NONCOMPLIANCE.— 

2 ‘‘(A) IN GENERAL.—If an agency fails to 

3 comply with paragraph (1), the agency shall 

4 submit to the Secretary, using guidelines devel5 oped by the Secretary, an explanation of the 

6 reasons for the failure. 

7 ‘‘(B) REPORT TO CONGRESS.—Not later 

8 than October 1, 2021, and every 2 years there9 after, the Secretary shall submit to Congress a 

10 report that describes any noncompliance by an 

11 agency with the requirements of paragraph 

12 (1).’’; 

13 (4) in subsection (c)(1)— 

14 (A) in subparagraph (A)— 

15 (i) in the matter preceding clause (i), 

16 by striking ‘‘An agency’’ and inserting 

17 ‘‘The head of each agency’’; and 

18 (ii) by inserting ‘‘or water’’ after ‘‘en19 ergy’’ each place it appears; and 

20 (B) in subparagraph (B)(i), by inserting 

21 ‘‘or water’’ after ‘‘energy’’; 

22 (5) in subsection (d)(2), by inserting ‘‘and 

23 water’’ after ‘‘energy’’; 

24 (6) in subsection (e)— 


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1 (A) in the subsection heading, by inserting 

2 ‘‘and Water’’ after ‘‘Energy’’; 

3 (B) in paragraph (1)— 

4 (i) in the first sentence— 

5 (I) by striking ‘‘October 1, 2012’’ 

6 and inserting ‘‘October 1, 2020’’; 

7 (II) by inserting ‘‘and water’’ 

8 after ‘‘energy’’; and 

9 (III) by inserting ‘‘and water’’ 

10 after ‘‘electricity’’; 

11 (ii) in the second sentence, by insert12 ing ‘‘and water’’ after ‘‘electricity’’; and 

13 (iii) in the fourth sentence, by insert14 ing ‘‘and water’’ after ‘‘energy’’; 

15 (C) in paragraph (2)— 

16 (i) in subparagraph (A)— 

17 (I) by striking ‘‘and’’ before 

18 ‘‘Federal’’; and 

19 (II) by inserting ‘‘and any other 

20 person the Secretary deems nec21 essary,’’ before ‘‘shall’’; 

22 (ii) in subparagraph (B)— 

23 (I) in clause (i)(II), by inserting 

24 ‘‘and water’’ after ‘‘energy’’ each 

25 place it appears; 


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1 (II) in clause (ii), by inserting 

2 ‘‘and water’’ after ‘‘energy’’; and 

3 (III) in clause (iv), by inserting 

4 ‘‘and water’’ after ‘‘energy’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(C) UPDATE.—Not later than 180 days 

8 after the date of enactment of this subpara9 graph, the Secretary shall update the guidelines 

10 established under subparagraph (A) to take into 

11 account water efficiency requirements under 

12 this section.’’; 

13 (D) in paragraph (3), in the matter pre14 ceding subparagraph (A), by striking ‘‘estab15 lished under paragraph (2)’’ and inserting ‘‘up16 dated under paragraph (2)(C)’’; and 

17 (E) in paragraph (4)— 

18 (i) in subparagraph (A)— 

19 (I) by striking ‘‘this paragraph’’ 

20 and inserting ‘‘the Energy Savings 

21 and Industrial Competitiveness Act of 

22 2019’’; and 

23 (II) by inserting ‘‘and water’’ be24 fore ‘‘use in’’; and 


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1 (ii) in subparagraph (B)(ii), in the 

2 matter preceding clause (I), by inserting 

3 ‘‘and water’’ after ‘‘energy’’; and 

4 (7) in subsection (f)— 

5 (A) in paragraph (1)— 

6 (i) by redesignating subparagraphs 

7 (E), (F), and (G) as subparagraphs (F), 

8 (G), and (H), respectively; and 

9 (ii) by inserting after subparagraph 

10 (D) the following: 

11 ‘‘(E) ONGOING COMMISSIONING.—The 

12 term ‘ongoing commissioning’ means an ongo13 ing process of commissioning using monitored 

14 data, the primary goal of which is to ensure 

15 continuous optimum performance of a facility, 

16 in accordance with design or operating needs, 

17 over the useful life of the facility, while meeting 

18 facility occupancy requirements.’’; 

19 (B) in paragraph (2)— 

20 (i) in subparagraph (A), by inserting 

21 ‘‘and water’’ before ‘‘use’’; 

22 (ii) in subparagraph (B)— 

23 (I) by striking ‘‘energy’’ before 

24 ‘‘efficiency’’; and 


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1 (II) by inserting ‘‘or water’’ be2 fore ‘‘use’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(C) ENERGY MANAGEMENT SYSTEM.—An 

6 energy manager designated for a facility under 

7 subparagraph (A) shall take into consider8 ation— 

9 ‘‘(i) the use of a system to manage 

10 energy and water use at the facility; and 

11 ‘‘(ii) the applicability of the certifi12 cation of the facility in accordance with the 

13 International Organization for Standard14 ization standard numbered 50001 and en15 titled ‘Energy Management Systems’.’’; 

16 (C) by striking paragraphs (3) and (4) and 

17 inserting the following: 

18 ‘‘(3) ENERGY AND WATER EVALUATIONS AND

19 COMMISSIONING.— 

20 ‘‘(A) EVALUATIONS.—Except as provided 

21 in subparagraph (B), not later than the date 

22 that is 180 days after the date of enactment of 

23 the Energy Savings and Industrial Competitive24 ness Act of 2019, and annually thereafter, each 

25 energy manager shall complete, for the preVerDate Sep 11 2014 22:00 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S2137.RS S2137

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1 ceding calendar year, a comprehensive energy 

2 and water evaluation and recommissioning or 

3 retrocommissioning for approximately 25 per4 cent of the facilities of the applicable agency 

5 that meet the criteria under paragraph (2)(B) 

6 in a manner that ensures that an evaluation of 

7 each facility is completed not less frequently 

8 than once every 4 years. 

9 ‘‘(B) EXCEPTIONS.—An evaluation and re10 commissioning or retrocommissioning shall not 

11 be required under subparagraph (A) with re12 spect to a facility that, as of the date on which 

13 the evaluation and recommissioning or retro14 commissioning would occur— 

15 ‘‘(i) has had a comprehensive energy 

16 and water evaluation during the preceding 

17 8-year period; 

18 ‘‘(ii)(I) has been commissioned, re19 commissioned, or retrocommissioned dur20 ing the preceding 10-year period; or 

21 ‘‘(II) is under ongoing commissioning, 

22 recommissioning, or retrocomissioning; 

23 ‘‘(iii) has not had a major change in 

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1 tion and recommissioning or retrocommis2 sioning; 

3 ‘‘(iv) has been benchmarked with pub4 lic disclosure under paragraph (8) during 

5 the preceding calendar year; and 

6 ‘‘(v)(I) based on the benchmarking de7 scribed in clause (iv), has achieved at a fa8 cility level the most recent cumulative en9 ergy savings target under subsection (a) 

10 compared to the earlier of— 

11 ‘‘(aa) the date of the most recent 

12 evaluation; or 

13 ‘‘(bb) the date— 

14 ‘‘(AA) of the most recent 

15 commissioning, recommissioning, 

16 or retrocommissioning; or 

17 ‘‘(BB) on which ongoing 

18 commissioning began; or 

19 ‘‘(II) has a long-term contract in 

20 place guaranteeing energy savings at least 

21 as great as the energy savings target under 

22 subclause (I). 

23 ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY

24 AND WATER EFFICIENCY MEASURES.—Not later 

25 than 2 years after the date of completion of each 


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1 evaluation under paragraph (3), each energy man2 ager shall— 

3 ‘‘(A) implement any energy- or water-sav4 ing measure that the Federal agency identified 

5 in the evaluation that is life cycle cost-effective; 

6 and 

7 ‘‘(B) bundle individual measures of varying 

8 paybacks together into combined projects.’’; 

9 (D) in paragraph (7)(B)(ii)(II), by insert10 ing ‘‘and water’’ after ‘‘energy’’; and 

11 (E) in paragraph (9)(A), in the matter 

12 preceding clause (i), by inserting ‘‘and water’’ 

13 after ‘‘energy’’. 

14 (b) CONFORMING AMENDMENT.—The table of con15 tents for the National Energy Conservation Policy Act 

16 (Public Law 95–619; 92 Stat. 3206) is amended by strik17 ing the item relating to section 543 and inserting the fol18 lowing: 

‘‘Sec. 543. Energy and water management requirements.’’. 

19 SEC. 422. FEDERAL ENERGY MANAGEMENT PROGRAM. 

20 Section 543 of the National Energy Conservation 

21 Policy Act (42 U.S.C. 8253) (as amended by section 301) 

22 is amended by adding at the end the following: 

23 ‘‘(hi) FEDERAL ENERGY MANAGEMENT PROGRAM.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall estab25 lish a program, to be known as the ‘Federal Energy 


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1 Management Program’ (referred to in this sub2 section as the ‘Program’), to facilitate the implemen3 tation by the Federal Government of cost-effective 

4 energy and water management and energy-related 

5 investment practices— 

6 ‘‘(A) to coordinate and strengthen Federal 

7 energy and water resilience; and 

8 ‘‘(B) to promote environmental steward9 ship. 

10 ‘‘(2) PROGRAM ACTIVITIES.— 

11 ‘‘(A) STRATEGIC PLANNING AND TECH12 NICAL ASSISTANCE.—Under the Program, the 

13 Federal Director appointed under paragraph 

14 (3)(A) (referred to in this subsection as the 

15 ‘Federal Director’) shall— 

16 ‘‘(i) provide technical assistance and 

17 project implementation support and guid18 ance to Federal agencies to identify, imple19 ment, procure, and track energy and water 

20 conservation measures required under this 

21 Act and under other provisions of law (in22 cluding regulations); 

23 ‘‘(ii) in coordination with the Admin24 istrator of the General Services Adminis25 tration, establish appropriate procedures, 


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1 methods, and best practices for use by 

2 Federal agencies to select, monitor, and 

3 terminate contracts entered into under sec4 tion 546 with utilities; 

5 ‘‘(iii) in coordination with the Federal 

6 Acquisition Regulatory Council, establish 

7 appropriate procedures, methods, and best 

8 practices for use by Federal agencies to se9 lect, monitor, and terminate contracts en10 tered into under section 801 with energy 

11 service contractors and utilities; 

12 ‘‘(iv) establish and maintain internet13 based information resources and project 

14 tracking systems and tools for energy and 

15 water management; 

16 ‘‘(v) coordinate comprehensive and 

17 strategic approaches to energy and water 

18 resilience planning for Federal agencies; 

19 and 

20 ‘‘(vi) establish a recognition program 

21 for Federal achievement in energy and 

22 water management, energy-related invest23 ment practices, environmental stewardship, 

24 and other relevant areas, through events 


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1 such as individual recognition award cere2 monies and public announcements. 

3 ‘‘(B) ENERGY AND WATER MANAGEMENT

4 AND REPORTING.—Under the Program, the 

5 Federal Director shall— 

6 ‘‘(i) track and report on the progress 

7 of Federal agencies in meeting the require8 ments of the agency under this section; 

9 ‘‘(ii) make publicly available annual 

10 Federal agency performance data required 

11 under— 

12 ‘‘(I) this section and sections 544 

13 through 548; and 

14 ‘‘(II) section 203 of the Energy 

15 Policy Act of 2005 (42 U.S.C. 

16 15852); 

17 ‘‘(iii)(I) collect energy and water use 

18 and consumption data from each Federal 

19 agency; and 

20 ‘‘(II) based on that data, submit to 

21 each Federal agency a report that will fa22 cilitate the energy and water management, 

23 energy-related investment practices, and 

24 environmental stewardship of the agency in 

25 support of Federal goals under this Act 


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1 and under other provisions of law (includ2 ing regulations); 

3 ‘‘(iv)(I) establish new Federal building 

4 energy efficiency standards; and 

5 ‘‘(II) in consultation with the Admin6 istrator of the General Services Adminis7 tration, acting through the head of the Of8 fice of High-Performance Green Buildings, 

9 establish and implement Federal building 

10 sustainable design principles for Federal 

11 facilities; 

12 ‘‘(v) manage the implementation of 

13 Federal building energy efficiency stand14 ards established under section 305 of the 

15 Energy Conservation and Production Act 

16 (42 U.S.C. 6834); and 

17 ‘‘(vi) designate products that meet the 

18 highest energy conservation standards for 

19 categories not covered under the Energy 

20 Star program established under section 

21 324A of the Energy Policy and Conserva22 tion Act (42 U.S.C. 6294a). 

23 ‘‘(C) FEDERAL POLICY COORDINATION.— 

24 Under the Program, the Federal Director 

25 shall— 


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1 ‘‘(i) develop and implement accredited 

2 training consistent with existing Federal 

3 programs and activities— 

4 ‘‘(I) relating to energy and water 

5 use, management, and resilience in 

6 Federal buildings, energy-related in7 vestment practices, and environmental 

8 stewardship; and 

9 ‘‘(II) that includes in-person 

10 training, internet-based programs, 

11 and national in-person training 

12 events; 

13 ‘‘(ii) coordinate and facilitate energy 

14 and water management, energy-related in15 vestment practices, and environmental 

16 stewardship through the Interagency En17 ergy Management Task Force established 

18 under section 547; and 

19 ‘‘(iii) report on the implementation of 

20 the priorities of the President, including 

21 Executive orders, relating to energy and 

22 water use in Federal buildings, in coordi23 nation with— 

24 ‘‘(I) the Office of Management 

25 and Budget; 


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1 ‘‘(II) the Council on Environ2 mental Quality; and 

3 ‘‘(III) any other entity, as consid4 ered necessary by the Federal Direc5 tor. 

6 ‘‘(D) FACILITY AND FLEET OPTIMIZA7 TION.—Under the Program, the Federal Direc8 tor shall develop guidance, supply assistance to, 

9 and track the progress of Federal agencies— 

10 ‘‘(i) in conducting portfolio-wide facil11 ity energy and water resilience planning 

12 and project integration; 

13 ‘‘(ii) in building new construction and 

14 major renovations to meet the sustainable 

15 design and energy and water performance 

16 standards required under this section; 

17 ‘‘(iii) in developing guidelines for— 

18 ‘‘(I) building commissioning; and 

19 ‘‘(II) facility operations and 

20 maintenance; and 

21 ‘‘(iv) in coordination with the Admin22 istrator of the General Services Adminis23 tration, in meeting statutory and agency 

24 goals for Federal fleet vehicles. 

25 ‘‘(3) FEDERAL DIRECTOR.— 


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1 ‘‘(A) APPOINTMENT.—The Secretary shall 

2 appoint an individual to serve as Federal Direc3 tor of the Program, which shall be a career po4 sition in the Senior Executive service, to man5 age the Program and carry out the activities of 

6 the Program described in paragraph (2). 

7 ‘‘(B) DUTIES.—The Federal Director 

8 shall— 

9 ‘‘(i) oversee, manage, and administer 

10 the Program; 

11 ‘‘(ii) provide leadership in energy and 

12 water management, energy-related invest13 ment practices, and environmental stew14 ardship through coordination with Federal 

15 agencies and other appropriate entities; 

16 and 

17 ‘‘(iii) establish a management council 

18 to advise the Federal Director that shall— 

19 ‘‘(I) convene not less frequently 

20 than once every quarter; and 

21 ‘‘(II) consist of representatives 

22 from— 

23 ‘‘(aa) the Council on Envi24 ronmental Quality; 


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1 ‘‘(bb) the Office of Manage2 ment and Budget; and 

3 ‘‘(cc) the Office of Federal 

4 High-Performance Green Build5 ings in the General Services Ad6 ministration. 

7 ‘‘(4) SAVINGS CLAUSE.—Nothing in this sub8 section impedes, supersedes, or alters the authority 

9 of the Secretary to carry out the remainder of this 

10 section or section 305 of the Energy Conservation 

11 and Production Act (42 U.S.C. 6834). 

12 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to the Sec14 retary to carry out this subsection $36,000,000 for 

15 each of fiscal years 2020 through 2030.’’. 

16 SEC. 423. FEDERAL BUILDING ENERGY EFFICIENCY PER17 FORMANCE STANDARDS; CERTIFICATION 

18 SYSTEM AND LEVEL FOR GREEN BUILDINGS. 

19 (a) DEFINITIONS.—Section 303 of the Energy Con20 servation and Production Act (42 U.S.C. 6832) is amend21 ed— 

22 (1) in each of paragraphs (1) through (16), by 

23 inserting a paragraph heading, the text of which is 

24 comprised of the term defined in that paragraph; 


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1 (2) by redesignating paragraphs (2) through 

2 (16) as paragraphs (3), (4), (6), (7), (8), (10), (12), 

3 (13), (14), (15), (16), (9), (17), (5), and (2), respec4 tively, and moving the paragraphs so as to appear 

5 in numerical order; and 

6 (3) by inserting after paragraph (10) (as so re7 designated) the following: 

8 ‘‘(11) MAJOR RENOVATION.—The term ‘major 

9 renovation’ means a modification of the energy sys10 tems of a building that is sufficiently extensive to 

11 ensure that the entire building can achieve compli12 ance with applicable energy standards for new build13 ings, as established by the Secretary.’’. 

14 (a) DEFINITIONS.—Section 303 of the Energy Con15 servation and Production Act (42 U.S.C. 6832) (as amend16 ed by section 101(a)) is amended— 

17 (1) in each of paragraphs (1) through (13), (15), 

18 and (16), by inserting a paragraph heading, the text 

19 of which is comprised of the term defined in that 

20 paragraph; 

21 (2) by redesignating paragraphs (2) through (13) 

22 and (15) through (18) as paragraphs (3), (4), (6), (7), 

23 (8), (10), (15), (16), (17), (18), (19), (9), (5), (2), 

24 (11), and (12), respectively, and moving the para25 graphs so as to appear in numerical order; and 


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1 (3) by inserting after paragraph (12) (as so re2 designated) the following: 

3 ‘‘(13) MAJOR RENOVATION.—The term ‘major 

4 renovation’ means a modification of the energy sys5 tems of a building that is sufficiently extensive to en6 sure that the entire building can achieve compliance 

7 with applicable energy standards for new buildings, 

8 as established by the Secretary.’’. 

9 (b) FEDERAL BUILDING EFFICIENCY STANDARDS.— 

10 Section 305 of the Energy Conservation and Production 

11 Act (42 U.S.C. 6834) is amended— 

12 (1) in subsection (a)(3)— 

13 (A) by striking ‘‘(3)(A) Not later than’’ 

14 and all that follows through subparagraph (B) 

15 and inserting the following: 

16 ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF17 FICIENCY PERFORMANCE STANDARDS; CERTIFI18 CATION FOR GREEN BUILDINGS.— 

19 ‘‘(A) REVISED FEDERAL BUILDING EN20 ERGY EFFICIENCY PERFORMANCE STAND21 ARDS.— 

22 ‘‘(i) IN GENERAL.—Not later than 1 

23 year after the date of enactment of the En24 ergy Savings and Industrial Competitive25 ness Act of 2019, the Secretary shall esVerDate Sep 11 2014 22:00 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S2137.RS S2137

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1 tablish, by regulation, revised Federal 

2 building energy efficiency performance 

3 standards that require that— 

4 ‘‘(I) subject to clause (ii), new 

5 Federal buildings and Federal build6 ings with major renovations— 

7 ‘‘(aa) meet or exceed the 

8 most recently published version 

9 of the International Energy Con10 servation Code (in the case of 

11 residential buildings) or 

12 ASHRAE Standard 90.1 (in the 

13 case of commercial buildings) as 

14 of the date of enactment of the 

15 Energy Savings and Industrial 

16 Competitiveness Act of 2019; and 

17 ‘‘(bb) meet or exceed the en18 ergy provisions of the State and 

19 local building codes applicable to 

20 the building if the codes are more 

21 stringent than the most recently 

22 published version of the Inter23 national Energy Conservation 

24 Code or ASHRAE Standard 90.1 

25 as of the date of enactment of 


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1 the Energy Savings and Indus2 trial Competitiveness Act of 

3 2019, as applicable; 

4 ‘‘(II) unless demonstrated not to 

5 be life cycle cost-effective for new 

6 Federal buildings and Federal build7 ings with major renovations— 

8 ‘‘(aa) the buildings shall be 

9 designed to achieve energy con10 sumption levels that are not less 

11 than 30 percent below the levels 

12 established in the most recently 

13 published version of the Inter14 national Energy Conservation 

15 Code or the ASHRAE Standard, 

16 as of the date of enactment of 

17 the Energy Savings and Indus18 trial Competitiveness Act of 

19 2019, as appropriate; and 

20 ‘‘(bb) sustainable design 

21 principles are applied to the loca22 tion, siting, design, and construc23 tion of all new Federal buildings 

24 and replacement Federal build25 ings; 


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1 ‘‘(III) if water is used to achieve 

2 energy efficiency, water conservation 

3 technologies shall be applied to the ex4 tent that the technologies are life5 cycle cost effective; and 

6 ‘‘(IV) if life-cycle cost effective, 

7 as compared to other reasonably avail8 able technologies, not less than 30 

9 percent of the hot water demand for 

10 each new Federal building or Federal 

11 building undergoing a major renova12 tion be met through the installation 

13 and use of solar hot water heaters. 

14 ‘‘(ii) EXCEPTION.—Clause (i)(I) shall 

15 not apply to the unaltered portions of Fed16 eral buildings and systems that have un17 dergone major renovations. 

18 ‘‘(B) UPDATES.—Not later than 1 year 

19 after the date of approval of each subsequent 

20 revision of the ASHRAE Standard or the Inter21 national Energy Conservation Code, as appro22 priate, the Secretary shall determine whether 

23 the revised standards established under sub24 clauses (I) and (II) of subparagraph (A)(i) 

25 should be updated to reflect the revisions, based 


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1 on the energy savings and life cycle cost-effec2 tiveness of the revisions.’’; 

3 (B) in subparagraph (C), by striking ‘‘(C) 

4 In the budget request’’ and inserting the fol5 lowing: 

6 ‘‘(C) BUDGET REQUEST.—In the budget 

7 request’’; and 

8 (C) by striking subparagraph (D) and in9 serting the following: 

10 ‘‘(D) CERTIFICATION FOR GREEN BUILD11 INGS.— 

12 ‘‘(i) SUSTAINABLE DESIGN PRIN13 CIPLES.—Sustainable design principles 

14 shall be applied to the siting, design, and 

15 construction of buildings covered by this 

16 subparagraph. 

17 ‘‘(ii) SELECTION OF CERTIFICATION

18 SYSTEMS.—The Secretary, after reviewing 

19 the findings of the Federal Director under 

20 section 436(h) of the Energy Independence 

21 and Security Act of 2007 (42 U.S.C. 

22 17092(h)), in consultation with the Admin23 istrator of General Services, and in con24 sultation with the Secretary of Defense re25 lating to those facilities under the custody 


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1 and control of the Department of Defense, 

2 shall determine those certification systems 

3 for green commercial and residential build4 ings that the Secretary determines to be 

5 the most likely to encourage a comprehen6 sive and environmentally sound approach 

7 to certification of green buildings. 

8 ‘‘(iii) BASIS FOR SELECTION.—The 

9 determination of the certification systems 

10 under clause (ii) shall be based on ongoing 

11 review of the findings of the Federal Direc12 tor under section 436(h) of the Energy 

13 Independence and Security Act of 2007 

14 (42 U.S.C. 17092(h)) and the criteria de15 scribed in clause (v). 

16 ‘‘(iv) ADMINISTRATION.—In deter17 mining certification systems under this 

18 subparagraph, the Secretary shall— 

19 ‘‘(I) make a separate determina20 tion for all or part of each system; 

21 and 

22 ‘‘(II) confirm that the criteria 

23 used to support the selection of build24 ing products, materials, brands, and 

25 technologies— 


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1 ‘‘(aa) are based on relevant 

2 technical data; 

3 ‘‘(bb) use and reward eval4 uation of health, safety, and envi5 ronmental risks and impacts 

6 across the lifecycle of the build7 ing product, material, brand, or 

8 technology, including methodolo9 gies generally accepted by the ap10 plicable scientific disciplines; 

11 ‘‘(cc) as practicable, give 

12 preference to performance stand13 ards instead of prescriptive meas14 ures; and 

15 ‘‘(dd) reward continual im16 provements in the lifecycle man17 agement of health, safety, and 

18 environmental risks and impacts. 

19 ‘‘(v) CONSIDERATIONS.—In deter20 mining the green building certification sys21 tems under this subparagraph, the Sec22 retary shall take into consideration— 

23 ‘‘(I) the ability and availability of 

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1 ment of metrics at the scale necessary 

2 to implement this subparagraph; 

3 ‘‘(II) the ability of the applicable 

4 certification organization to collect 

5 and reflect public comment; 

6 ‘‘(III) the ability of the standard 

7 to be developed and revised through a 

8 consensus-based process; 

9 ‘‘(IV) an evaluation of the 

10 robustness of the criteria for a high11 performance green building, which 

12 shall give credit for promoting— 

13 ‘‘(aa) efficient and sustain14 able use of water, energy, and 

15 other natural resources; 

16 ‘‘(bb) use of renewable en17 ergy sources; 

18 ‘‘(cc) improved indoor envi19 ronmental quality through en20 hanced indoor air quality, ther21 mal comfort, acoustics, day light22 ing, pollutant source control, and 

23 use of low-emission materials and 

24 building system controls; 


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1 ‘‘(dd)(AA) the sourcing of 

2 grown, harvested, or mined mate3 rials; and 

4 ‘‘(BB) certifications of re5 sponsible sourcing, such as cer6 tifications provided by the Forest 

7 Stewardship Council, the Sus8 tainable Forestry Initiative, the 

9 American Tree Farm System, or 

10 the Programme for the Endorse11 ment of Forest Certification; and 

12 ‘‘(ee) such other criteria as 

13 the Secretary determines to be 

14 appropriate; and 

15 ‘‘(V) national recognition within 

16 the building industry. 

17 ‘‘(vi) REVIEW.—The Secretary, in 

18 consultation with the Administrator of 

19 General Services and the Secretary of De20 fense, shall conduct an ongoing review to 

21 evaluate and compare private sector green 

22 building certification systems, taking into 

23 account— 

24 ‘‘(I) the criteria described in 

25 clause (v); and 


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1 ‘‘(II) the identification made by 

2 the Federal Director under section 

3 436(h) of the Energy Independence 

4 and Security Act of 2007 (42 U.S.C. 

5 17092(h)). 

6 ‘‘(vii) EXCLUSIONS.— 

7 ‘‘(I) IN GENERAL.—Subject to 

8 subclause (II), if a certification sys9 tem fails to meet the review require10 ments of clause (v), the Secretary 

11 shall— 

12 ‘‘(aa) identify the portions 

13 of the system, whether pre14 requisites, credits, points, or oth15 erwise, that meet the review cri16 teria of clause (v); 

17 ‘‘(bb) determine the portions 

18 of the system that are suitable 

19 for use; and 

20 ‘‘(cc) exclude all other por21 tions of the system from identi22 fication and use. 

23 ‘‘(II) ENTIRE SYSTEMS.—The 

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1 tem from use if an exclusion under 

2 subclause (I)— 

3 ‘‘(aa) impedes the integrated 

4 use of the system; 

5 ‘‘(bb) creates disparate re6 view criteria or unequal point ac7 cess for competing materials; or 

8 ‘‘(cc) increases agency costs 

9 of the use. 

10 ‘‘(viii) INTERNAL CERTIFICATION

11 PROCESSES.—The Secretary may by rule 

12 allow Federal agencies to develop internal 

13 certification processes, using certified pro14 fessionals, in lieu of certification by certifi15 cation entities identified under clause (ii). 

16 ‘‘(ix) PRIVATIZED MILITARY HOUS17 ING.—With respect to privatized military 

18 housing, the Secretary of Defense, after 

19 consultation with the Secretary may, 

20 through rulemaking, develop alternative 

21 certification systems and levels than the 

22 systems and levels identified under clause 

23 (ii) that achieve an equivalent result in 

24 terms of energy savings, sustainable de25 sign, and green building performance. 


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1 ‘‘(x) WATER CONSERVATION TECH2 NOLOGIES.—In addition to any use of 

3 water conservation technologies otherwise 

4 required by this section, water conservation 

5 technologies shall be applied to the extent 

6 that the technologies are life-cycle cost-ef7 fective. 

8 ‘‘(xi) EFFECTIVE DATE.— 

9 ‘‘(I) DETERMINATIONS MADE

10 AFTER DECEMBER 31, 2019.—The 

11 amendments made by section 

12 422(b)(1)(C) of the Energy Savings 

13 and Industrial Competitiveness Act of 

14 2019 shall apply to any determination 

15 made by a Federal agency after De16 cember 31, 2019. 

17 ‘‘(II) DETERMINATIONS MADE ON

18 OR BEFORE DECEMBER 31, 2019.— 

19 This subparagraph (as in effect on the 

20 day before the date of enactment of 

21 the Energy Savings and Industrial 

22 Competitiveness Act of 2019) shall 

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1 tial buildings by a Federal agency on 

2 or before December 31, 2019.’’; and 

3 (2) by striking subsections (c) and (d) and in4 serting the following: 

5 ‘‘(c) PERIODIC REVIEW.—The Secretary shall— 

6 ‘‘(1) once every 5 years, review the Federal 

7 building energy standards established under this sec8 tion; and 

9 ‘‘(2) on completion of a review under paragraph 

10 (1), if the Secretary determines that significant en11 ergy savings would result, upgrade the standards to 

12 include all new energy efficiency and renewable en13 ergy measures that are technologically feasible and 

14 economically justified.’’. 

15 (c) FEDERAL COMPLIANCE.—Section 306 of the En16 ergy Conservation and Production Act (42 U.S.C. 6835) 

17 is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1)— 

20 (i) by striking ‘‘(1) The head’’ and in21 serting the following: 

22 ‘‘(1) IN GENERAL.—The head’’; and 

23 (ii) by striking ‘‘assure that new Fed24 eral buildings’’ and inserting ‘‘ensure that 


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1 new Federal buildings and Federal build2 ings with major renovations’’; and 

3 (B) in paragraph (2)— 

4 (i) by striking the second sentence 

5 and inserting the following: 

6 ‘‘(B) PROCEDURES.—The Architect of the 

7 Capitol shall adopt procedures necessary to en8 sure that the buildings referred to in subpara9 graph (A) meet or exceed the standards de10 scribed in that subparagraph.’’; and 

11 (ii) in the first sentence— 

12 (I) by inserting ‘‘and Federal 

13 buildings with major renovations’’ 

14 after ‘‘new buildings’’; and 

15 (II) by striking ‘‘(2) The Fed16 eral’’ and inserting the following: 

17 ‘‘(2) APPLICABILITY.— 

18 ‘‘(A) IN GENERAL.—The Federal’’; and 

19 (2) in subsection (b)— 

20 (A) by striking the subsection heading and 

21 inserting ‘‘EXPENDITURES’’; and 

22 (B) by inserting ‘‘or a Federal building 

23 with major renovations’’ after ‘‘new Federal 

24 building’’. 


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1 SEC. 424. ENHANCED ENERGY EFFICIENCY UNDER2 WRITING. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COVERED AGENCY.—The term ‘‘covered 

5 agency’’— 

6 (A) means— 

7 (i) an executive agency, as that term 

8 is defined in section 102 of title 31, United 

9 States Code; and 

10 (ii) any other agency of the Federal 

11 Government; and 

12 (B) includes any enterprise, as that term is 

13 defined under section 1303 of the Federal 

14 Housing Enterprises Financial Safety and 

15 Soundness Act of 1992 (12 U.S.C. 4502). 

16 (2) COVERED LOAN.—The term ‘‘covered loan’’ 

17 means a loan secured by a home that is issued, in18 sured, purchased, or securitized by a covered agency. 

19 (3) HOMEOWNER.—The term ‘‘homeowner’’ 

20 means the mortgagor under a covered loan. 

21 (4) MORTGAGEE.—The term ‘‘mortgagee’’ 

22 means— 

23 (A) an original lender under a covered loan 

24 or the holder of a covered loan at the time at 

25 which that mortgage transaction is con26 summated; 


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1 (B) any affiliate, agent, subsidiary, suc2 cessor, or assignee of an original lender under 

3 a covered loan or the holder of a covered loan 

4 at the time at which that mortgage transaction 

5 is consummated; 

6 (C) any servicer of a covered loan; and 

7 (D) any subsequent purchaser, trustee, or 

8 transferee of any covered loan issued by an 

9 original lender. 

10 (5) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Housing and Urban Development. 

12 (6) SERVICER.—The term ‘‘servicer’’ means the 

13 person or entity responsible for the servicing of a 

14 covered loan, including the person or entity who 

15 makes or holds a covered loan if that person or enti16 ty also services the covered loan. 

17 (7) SERVICING.—The term ‘‘servicing’’ has the 

18 meaning given the term in section 6(i) of the Real 

19 Estate Settlement Procedures Act of 1974 (12 

20 U.S.C. 2605(i)). 

21 (b) FINDINGS AND PURPOSES.— 

22 (1) FINDINGS.—Congress finds that— 

23 (A) energy costs for homeowners are a sig24 nificant and increasing portion of their house25 hold budgets; 


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1 (B) household energy use can vary sub2 stantially depending on the efficiency and char3 acteristics of the house; 

4 (C) expected energy cost savings are im5 portant to the value of the house; 

6 (D) the current test for loan affordability 

7 used by most covered agencies, commonly 

8 known as the ‘‘debt-to-income’’ test, is inad9 equate because it does not take into account the 

10 expected energy cost savings for the homeowner 

11 of an energy efficient home; and 

12 (E) another loan limitation, commonly 

13 known as the ‘‘loan-to-value’’ test, is tied to the 

14 appraisal, which often does not adjust for effi15 ciency features of houses. 

16 (2) PURPOSES.—The purposes of this section 

17 are to— 

18 (A) improve the accuracy of mortgage un19 derwriting by Federal mortgage agencies by en20 suring that energy cost savings are included in 

21 the underwriting process as described below, 

22 and thus to reduce the amount of energy con23 sumed by homes and to facilitate the creation 

24 of energy efficiency retrofit and construction 

25 jobs; 


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1 (B) require a covered agency to include the 

2 expected energy cost savings of a homeowner as 

3 a regular expense in the tests, such as the debt4 to-income test, used to determine the ability of 

5 the loan applicant to afford the cost of home6 ownership for all loan programs; and 

7 (C) require a covered agency to include the 

8 value home buyers place on the energy effi9 ciency of a house in tests used to compare the 

10 mortgage amount to home value, taking pre11 cautions to avoid double-counting and to sup12 port safe and sound lending. 

13 (c) ENHANCED ENERGY EFFICIENCY UNDER14 WRITING CRITERIA.— 

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

16 the date of enactment of this Act, the Secretary 

17 shall, in consultation with the advisory group estab18 lished in subsection (f)(2), develop and issue guide19 lines for a covered agency to implement enhanced 

20 loan eligibility requirements, for use when testing 

21 the ability of a loan applicant to repay a covered 

22 loan, that account for the expected energy cost sav23 ings for a loan applicant at a subject property, in 

24 the manner set forth in paragraphs (2) and (3). 


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1 (2) REQUIREMENTS TO ACCOUNT FOR ENERGY

2 COST SAVINGS.— 

3 (A) IN GENERAL.—The enhanced loan eli4 gibility requirements under paragraph (1) shall 

5 require that, for all covered loans for which an 

6 energy efficiency report is voluntarily provided 

7 to the mortgagee by the mortgagor, the covered 

8 agency and the mortgagee shall take into con9 sideration the estimated energy cost savings ex10 pected for the owner of the subject property in 

11 determining whether the loan applicant has suf12 ficient income to service the mortgage debt plus 

13 other regular expenses. 

14 (B) EXPENSES AS OFFSETS.—To the ex15 tent that a covered agency uses a test such as 

16 a debt-to-income test that includes certain reg17 ular expenses, such as hazard insurance and 

18 property taxes, the expected energy cost savings 

19 shall be included as an offset to these expenses. 

20 (C) ASSESSED ENERGY COSTS.—Energy 

21 costs to be assessed include the cost of elec22 tricity, natural gas, oil, and any other fuel regu23 larly used to supply energy to the subject prop24 erty. 


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1 (3) DETERMINATION OF ESTIMATED ENERGY

2 COST SAVINGS.— 

3 (A) IN GENERAL.—The guidelines to be 

4 issued under paragraph (1) shall include in5 structions for the covered agency to calculate 

6 estimated energy cost savings using— 

7 (i) the energy efficiency report; 

8 (ii) an estimate of baseline average 

9 energy costs; and 

10 (iii) additional sources of information 

11 as determined by the Secretary. 

12 (B) REPORT REQUIREMENTS.—For the 

13 purposes of subparagraph (A), an energy effi14 ciency report shall— 

15 (i) estimate the expected energy cost 

16 savings specific to the subject property, 

17 based on specific information about the 

18 property; 

19 (ii) be prepared in accordance with 

20 the guidelines to be issued under para21 graph (1); and 

22 (iii) be prepared— 

23 (I) in accordance with the Resi24 dential Energy Service Network’s 

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1 monly known as ‘‘HERS’’) by an indi2 vidual certified by the Residential En3 ergy Service Network, unless the Sec4 retary finds that the use of HERS 

5 does not further the purposes of this 

6 section; or 

7 (II) by other methods approved 

8 by the Secretary, in consultation with 

9 the Secretary of Energy and the advi10 sory group established in subsection 

11 (f)(2), for use under this section, 

12 which shall include a third-party qual13 ity assurance procedure. 

14 (C) USE BY APPRAISER.—If an energy ef15 ficiency report is used under paragraph (2), the 

16 energy efficiency report shall be provided to the 

17 appraiser to estimate the energy efficiency of 

18 the subject property and for potential adjust19 ments for energy efficiency. 

20 (4) REQUIRED DISCLOSURE TO CONSUMER FOR

21 A HOME WITH AN ENERGY EFFICIENCY REPORT.— 

22 If an energy efficiency report is used under para23 graph (2), the guidelines to be issued under para24 graph (1) shall require the mortgagee to— 


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1 (A) inform the loan applicant of the ex2 pected energy costs as estimated in the energy 

3 efficiency report, in a manner and at a time as 

4 prescribed by the Secretary, and if practicable, 

5 in the documents delivered at the time of loan 

6 application; and 

7 (B) include the energy efficiency report in 

8 the documentation for the loan provided to the 

9 borrower. 

10 (5) REQUIRED DISCLOSURE TO CONSUMER FOR

11 A HOME WITHOUT AN ENERGY EFFICIENCY RE12 PORT.—If an energy efficiency report is not used 

13 under paragraph (2), the guidelines to be issued 

14 under paragraph (1) shall require the mortgagee to 

15 inform the loan applicant in a manner and at a time 

16 as prescribed by the Secretary, and if practicable, in 

17 the documents delivered at the time of loan applica18 tion of— 

19 (A) typical energy cost savings that would 

20 be possible from a cost-effective energy upgrade 

21 of a home of the size and in the region of the 

22 subject property; 

23 (B) the impact the typical energy cost sav24 ings would have on monthly ownership costs of 

25 a typical home; 


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1 (C) the impact on the size of a mortgage 

2 that could be obtained if the typical energy cost 

3 savings were reflected in an energy efficiency 

4 report; and 

5 (D) resources for improving the energy ef6 ficiency of a home. 

7 (6) PRICING OF LOANS.— 

8 (A) IN GENERAL.—A covered agency may 

9 price covered loans originated under the en10 hanced loan eligibility requirements required 

11 under this section in accordance with the esti12 mated risk of the loans. 

13 (B) IMPOSITION OF CERTAIN MATERIAL

14 COSTS, IMPEDIMENTS, OR PENALTIES.—In the 

15 absence of a publicly disclosed analysis that 

16 demonstrates significant additional default risk 

17 or prepayment risk associated with the loans, a 

18 covered agency shall not impose material costs, 

19 impediments, or penalties on covered loans 

20 merely because the loan uses an energy effi21 ciency report or the enhanced loan eligibility re22 quirements required under this section. 

23 (7) LIMITATIONS.— 

24 (A) IN GENERAL.—A covered agency may 

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1 hanced loan eligibility requirements required 

2 under this section in accordance with the esti3 mated risk of those loans. 

4 (B) PROHIBITED ACTIONS.—A covered 

5 agency shall not— 

6 (i) modify existing underwriting cri7 teria or adopt new underwriting criteria 

8 that intentionally negate or reduce the im9 pact of the requirements or resulting bene10 fits that are set forth or otherwise derived 

11 from the enhanced loan eligibility require12 ments required under this subsection; or 

13 (ii) impose greater buy back require14 ments, credit overlays, or insurance re15 quirements, including private mortgage in16 surance, on covered loans merely because 

17 the loan uses an energy efficiency report or 

18 the enhanced loan eligibility requirements 

19 required under this subsection. 

20 (8) APPLICABILITY AND IMPLEMENTATION

21 DATE.—Not later than 3 years after the date of en22 actment of this Act, and before December 31, 2023, 

23 the enhanced loan eligibility requirements required 

24 under this subsection shall be implemented by each 

25 covered agency to— 


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1 (A) apply to any covered loan for the sale, 

2 or refinancing of any loan for the sale, of any 

3 home; 

4 (B) be available on any residential real 

5 property (including individual units of con6 dominiums and cooperatives) that qualifies for 

7 a covered loan; and 

8 (C) provide prospective mortgagees with 

9 sufficient guidance and applicable tools to im10 plement the required underwriting methods. 

11 (d) ENHANCED ENERGY EFFICIENCY UNDER12 WRITING VALUATION GUIDELINES.— 

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

14 the date of enactment of this Act, the Secretary 

15 shall— 

16 (A) in consultation with the Federal Fi17 nancial Institutions Examination Council and 

18 the advisory group established in subsection 

19 (f)(2), develop and issue guidelines for a cov20 ered agency to determine the maximum per21 mitted loan amount based on the value of the 

22 property for all covered loans made on prop23 erties with an energy efficiency report that 

24 meets the requirements of subsection (c)(3)(B); 

25 and 


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1 (B) in consultation with the Secretary of 

2 Energy, issue guidelines for a covered agency to 

3 determine the estimated energy savings under 

4 paragraph (3) for properties with an energy ef5 ficiency report. 

6 (2) REQUIREMENTS.—The enhanced energy ef7 ficiency underwriting valuation guidelines required 

8 under paragraph (1) shall include— 

9 (A) a requirement that if an energy effi10 ciency report that meets the requirements of 

11 subsection (c)(3)(B) is voluntarily provided to 

12 the mortgagee, such report shall be used by the 

13 mortgagee or covered agency to determine the 

14 estimated energy savings of the subject prop15 erty; and 

16 (B) a requirement that the estimated en17 ergy savings of the subject property be added to 

18 the appraised value of the subject property by 

19 a mortgagee or covered agency for the purpose 

20 of determining the loan-to-value ratio of the 

21 subject property, unless the appraisal includes 

22 the value of the overall energy efficiency of the 

23 subject property, using methods to be estab24 lished under the guidelines issued under para25 graph (1). 


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1 (3) DETERMINATION OF ESTIMATED ENERGY

2 SAVINGS.— 

3 (A) AMOUNT OF ENERGY SAVINGS.—The 

4 amount of estimated energy savings shall be de5 termined by calculating the difference between 

6 the estimated energy costs for the average com7 parable houses, as determined in guidelines to 

8 be issued under paragraph (1), and the esti9 mated energy costs for the subject property 

10 based upon the energy efficiency report. 

11 (B) DURATION OF ENERGY SAVINGS.—The 

12 duration of the estimated energy savings shall 

13 be based upon the estimated life of the applica14 ble equipment, consistent with the rating sys15 tem used to produce the energy efficiency re16 port. 

17 (C) PRESENT VALUE OF ENERGY SAV18 INGS.—The present value of the future savings 

19 shall be discounted using the average interest 

20 rate on conventional 30-year mortgages, in the 

21 manner directed by guidelines issued under 

22 paragraph (1). 

23 (4) ENSURING CONSIDERATION OF ENERGY EF24 FICIENT FEATURES.—Section 1110 of the Financial 


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1 Institutions Reform, Recovery, and Enforcement Act 

2 of 1989 (12 U.S.C. 3339) is amended— 

3 (A) in paragraph (2), by striking ‘‘and’’ at 

4 the end; 

5 (B) in paragraph (3), by striking the pe6 riod at the end and inserting ‘‘; and’’; and 

7 (C) by inserting after paragraph (3) the 

8 following: 

9 ‘‘(4) that State certified and licensed appraisers 

10 have timely access, whenever practicable, to informa11 tion from the property owner and the lender that 

12 may be relevant in developing an opinion of value re13 garding the energy- and water-saving improvements 

14 or features of a property, such as— 

15 ‘‘(A) labels or ratings of buildings; 

16 ‘‘(B) installed appliances, measures, sys17 tems or technologies; 

18 ‘‘(C) blueprints; 

19 ‘‘(D) construction costs; 

20 ‘‘(E) financial or other incentives regard21 ing energy- and water-efficient components and 

22 systems installed in a property; 

23 ‘‘(F) utility bills; 

24 ‘‘(G) energy consumption and benchmark25 ing data; and 


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1 ‘‘(H) third-party verifications or represen2 tations of energy and water efficiency perform3 ance of a property, observing all financial pri4 vacy requirements adhered to by certified and 

5 licensed appraisers, including section 501 of the 

6 Gramm-Leach-Bliley Act (15 U.S.C. 6801). 

7 Unless a property owner consents to a lender, an ap8 praiser, in carrying out the requirements of para9 graph (4), shall not have access to the commercial 

10 or financial information of the owner that is privi11 leged or confidential.’’. 

12 (5) TRANSACTIONS REQUIRING STATE CER13 TIFIED APPRAISERS.—Section 1113 of the Financial 

14 Institutions Reform, Recovery, and Enforcement Act 

15 of 1989 (12 U.S.C. 3342) is amended— 

16 (A) in paragraph (1), by inserting before 

17 the semicolon the following: ‘‘, or any real prop18 erty on which the appraiser makes adjustments 

19 using an energy efficiency report’’; and 

20 (B) in paragraph (2), by inserting after 

21 ‘‘atypical’’ the following: ‘‘, or an appraisal on 

22 which the appraiser makes adjustments using 

23 an energy efficiency report.’’. 

24 (6) PROTECTIONS.— 


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1 (A) AUTHORITY TO IMPOSE LIMITA2 TIONS.—The guidelines to be issued under 

3 paragraph (1) shall include such limitations and 

4 conditions as determined by the Secretary to be 

5 necessary to protect against meaningful under 

6 or over valuation of energy cost savings or du7 plicative counting of energy efficiency features 

8 or energy cost savings in the valuation of any 

9 subject property that is used to determine a 

10 loan amount. 

11 (B) ADDITIONAL AUTHORITY.—At the end 

12 of the 7-year period following the implementa13 tion of enhanced eligibility and underwriting 

14 valuation requirements under this section, the 

15 Secretary may modify or apply additional ex16 ceptions to the approach described in paragraph 

17 (2), where the Secretary finds that the 

18 unadjusted appraisal will reflect an accurate 

19 market value of the efficiency of the subject 

20 property or that a modified approach will better 

21 reflect an accurate market value. 

22 (7) APPLICABILITY AND IMPLEMENTATION

23 DATE.—Not later than 3 years after the date of en24 actment of this Act, and before December 31, 2023, 


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1 each covered agency shall implement the guidelines 

2 required under this subsection, which shall— 

3 (A) apply to any covered loan for the sale, 

4 or refinancing of any loan for the sale, of any 

5 home; and 

6 (B) be available on any residential real 

7 property, including individual units of con8 dominiums and cooperatives, that qualifies for a 

9 covered loan. 

10 (e) MONITORING.—Not later than 1 year after the 

11 date on which the enhanced eligibility and underwriting 

12 valuation requirements are implemented under this sec13 tion, and every year thereafter, each covered agency with 

14 relevant activity shall issue and make available to the pub15 lic a report that— 

16 (1) enumerates the number of covered loans of 

17 the agency for which there was an energy efficiency 

18 report, and that used energy efficiency appraisal 

19 guidelines and enhanced loan eligibility require20 ments; 

21 (2) includes the default rates and rates of fore22 closures for each category of loans; and 

23 (3) describes the risk premium, if any, that the 

24 agency has priced into covered loans for which there 

25 was an energy efficiency report. 


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1 (f) RULEMAKING.— 

2 (1) IN GENERAL.—The Secretary shall pre3 scribe regulations to carry out this section, in con4 sultation with the Secretary of Energy and the advi5 sory group established in paragraph (2), which may 

6 contain such classifications, differentiations, or other 

7 provisions, and may provide for such proper imple8 mentation and appropriate treatment of different 

9 types of transactions, as the Secretary determines 

10 are necessary or proper to effectuate the purposes of 

11 this section, to prevent circumvention or evasion 

12 thereof, or to facilitate compliance therewith. 

13 (2) ADVISORY GROUP.—To assist in carrying 

14 out this section, the Secretary shall establish an ad15 visory group, consisting of individuals representing 

16 the interests of— 

17 (A) mortgage lenders; 

18 (B) appraisers; 

19 (C) energy raters and residential energy 

20 consumption experts; 

21 (D) energy efficiency organizations; 

22 (E) real estate agents; 

23 (F) home builders and remodelers; 

24 (G) State energy officials; and 

25 (H) others as determined by the Secretary. 


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1 (g) ADDITIONAL STUDY.— 

2 (1) IN GENERAL.—Not later than 18 months 

3 after the date of enactment of this Act, the Sec4 retary shall reconvene the advisory group established 

5 in subsection (f)(2), in addition to water and loca6 tional efficiency experts, to advise the Secretary on 

7 the implementation of the enhanced energy efficiency 

8 underwriting criteria established in subsections (c) 

9 and (d). 

10 (2) RECOMMENDATIONS.— 

11 (A) IN GENERAL.—The advisory group es12 tablished in subsection (f)(2) shall provide rec13 ommendations to the Secretary on any revisions 

14 or additions to the enhanced energy efficiency 

15 underwriting criteria deemed necessary by the 

16 group, which may include alternate methods to 

17 better account for home energy costs and addi18 tional factors to account for substantial and 

19 regular costs of homeownership such as loca20 tion-based transportation costs and water costs. 

21 (B) LEGISLATIVE RECOMMENDATIONS.— 

22 The Secretary shall forward any legislative rec23 ommendations from the advisory group to Con24 gress for consideration. 


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1 TITLE V—MISCELLANEOUS 

2 SEC. 501. BUDGETARY EFFECTS. 

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

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

5 shall be determined by reference to the latest statement 

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

7 Act, submitted for printing in the Congressional Record 

8 by the Chairman of the Senate Budget Committee, pro9 vided that such statement has been submitted prior to the 

10 vote on passage. 

11 SEC. 502. ADVANCE APPROPRIATIONS REQUIRED. 

12 The authorization of amounts under this Act and the 

13 amendments made by this Act shall be effective for any 

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

15 in advance in appropriations Acts. 


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Calendar No. 263 

116TH CONGRESS 

1ST SESSION S. 2137 

[Report No. 116–143] 

A BILL 

To promote energy savings in residential buildings 

and industry, and for other purposes. 

OCTOBER 23, 2019 

Reported with amendments 


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