II 

111TH CONGRESS 

2D SESSION S. 3251 

To improve energy efficiency and the use of renewable energy by Federal 

agencies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 22, 2010 

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

to the Committee on Energy and Natural Resources 

A BILL 

To improve energy efficiency and the use of renewable energy 

by Federal agencies, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Energy Ef5 ficiency and Renewable Energy Use By Federal Agencies 

6 Act of 2010’’. 

7 SEC. 2. POWER PURCHASE AGREEMENT PROGRAM. 

8 (a) DEFINITIONS.—In this section: 

9 (1) COST-EFFECTIVE.—The term ‘‘cost-effec10 tive’’ means, with respect to a power purchase agreeVerDate Nov 24 2008 03:20 Apr 23, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3251.IS S3251

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1 ment entered into by the head of an executive agen2 cy for a Federal facility that is owned or controlled 

3 by the executive agency, that the 30-year average 

4 cost for the purchase of electricity under the power 

5 purchase agreement from 1 or more renewable en6 ergy generating systems is not greater than an 

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

8 quantity of electricity from the current electricity 

9 supplier of the Federal facility, taking into consider10 ation each— 

11 (A) applicable cost, including any cost re12 sulting from— 

13 (i) a demand charge; 

14 (ii) an applicable rider; 

15 (iii) a fuel adjustment charge; or 

16 (iv) any other surcharge; and 

17 (B) reasonably anticipated increase in the 

18 cost of the electricity resulting from— 

19 (i) inflation; 

20 (ii) increased regulatory requirements; 

21 (iii) decreased availability of fossil 

22 fuels; and 

23 (iv) any other factor that may in24 crease the cost of electricity. 


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

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

3 4 of the Office of Federal Procurement Policy Act 

4 (41 U.S.C. 403). 

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

6 facility’’ has the meaning given the term in section 

7 543(f)(C) of the National Energy Conservation Pol8 icy Act (42 U.S.C. 8253(f)(C)). 

9 (4) GOVERNMENT CORPORATION.—The term 

10 ‘‘Government corporation’’ has the meaning given 

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

12 Code. 

13 (5) RENEWABLE ENERGY SOURCE.—The term 

14 ‘‘renewable energy source’’ has the meaning given 

15 the term in section 551 of the National Energy Con16 servation Policy Act (42 U.S.C. 8259). 

17 (b) POWER PURCHASE AGREEMENT PROJECTS.— 

18 (1) AUTHORIZATION OF HEADS OF EXECUTIVE

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

20 (3), the head of each executive agency or a designee 

21 may establish 1 or more projects under which the 

22 head of the executive agency may offer to enter into 

23 power purchase agreements during the 10-year pe24 riod beginning on the date of enactment of this Act 

25 for the purchase of electricity from 1 or more FedVerDate Nov 24 2008 03:20 Apr 23, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3251.IS S3251

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1 eral facilities that are owned or controlled by the ex2 ecutive agency from renewable energy sources lo3 cated at the Federal facility. 

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

5 of an executive agency described in paragraph (1) 

6 may offer to enter into a power purchase agreement 

7 described in that paragraph only if the power pur8 chase agreement is cost-effective. 

9 (3) TERM OF POWER PURCHASE AGREE10 MENT.—Notwithstanding any other provision of law 

11 (including regulations), the term of a power pur12 chase agreement described in paragraph (1) may not 

13 be longer than a period of 30 years. 

14 (4) ALLOCATION OF INCREMENTAL COSTS.— 

15 Each head of an executive agency (including the Ad16 ministrator of General Services) who enters into a 

17 power purchase agreement under paragraph (1) for 

18 the purchase of electricity at a Federal facility that 

19 is owned or controlled by the executive agency for 

20 distribution to 1 or more other executive agencies 

21 shall allocate, on an annual basis for the period cov22 ered by the power purchase agreement, the incre23 mental cost or incremental savings of the power pur24 chase agreement for the purchase of electricity at a 

25 Federal facility from renewable energy sources (as 


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1 compared to the cost of electricity from the elec2 tricity supplier of the Federal facility) among each 

3 user of the Federal facility based on the proportion 

4 that— 

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

6 Federal facility; bears to 

7 (B) the aggregate electricity usage of all 

8 users of the Federal facility. 

9 (c) POWER PURCHASE AGREEMENTS WITH MUL10 TIPLE FEDERAL FACILITIES.—An executive agency may 

11 enter into an interagency agreement as part of a power 

12 purchase agreement that involves more than 1 Federal fa13 cility. 

14 (d) NEGOTIATED RATE AS BASIS FOR DETERMINING

15 COST EFFECTIVENESS OF FUTURE ENERGY EFFICIENCY

16 OR RENEWABLE ENERGY PROJECTS.—An executive agen17 cy that enters into a power purchase agreement may not 

18 use the negotiated rate as a basis for determining the busi19 ness case or economic feasibility of future energy efficiency 

20 or renewable energy projects. 

21 (e) REGULATIONS.—The Secretary of Energy shall 

22 promulgate such regulations as are necessary to carry out 

23 this section. 

24 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to carry out this section 


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1 such sums as are necessary for each of fiscal years 2010 

2 through 2019, to remain available until expended. 

3 SEC. 3. FEDERAL FACILITY ENERGY EFFICIENCY AND RE4 NEWABLE ENERGY PROJECTS FUND. 

5 (a) ESTABLISHMENT.—There is established in the 

6 Treasury of the United States a revolving fund, to be 

7 known as the ‘‘Federal Facility Energy Efficiency and Re8 newable Energy Projects Fund’’ (referred to in this sec9 tion as the ‘‘Fund’’), consisting of such amounts as are 

10 appropriated to the Fund under subsection (b). 

11 (b) TRANSFERS TO FUND.— 

12 (1) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to the Fund 

14 $500,000,000, to remain available until expended. 

15 (2) LOAN REPAYMENTS.—There are appro16 priated to the Fund, out of funds of the Treasury 

17 not otherwise appropriated, amounts equivalent to 

18 loan amounts repaid and received in the Treasury 

19 under subsection (e). 

20 (c) EXPENDITURES FROM FUND.— 

21 (1) IN GENERAL.—Subject to paragraph (2), on 

22 request by the Secretary of Energy (referred to in 

23 this section as the ‘‘Secretary’’), the Secretary of the 

24 Treasury shall transfer from the Fund to the Sec25 retary such amounts as the Secretary determines are 


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1 necessary to provide assistance for energy efficiency 

2 and renewable energy projects carried out at Federal 

3 facilities in accordance with subsection (e). 

4 (2) ADMINISTRATIVE EXPENSES.—An amount 

5 not exceeding 10 percent of the amounts in the 

6 Fund shall be available for each fiscal year to pay 

7 the administrative expenses necessary to carry out 

8 this section. 

9 (d) TRANSFERS OF AMOUNTS.— 

10 (1) IN GENERAL.—The amounts required to be 

11 transferred to the Fund under this section shall be 

12 transferred at least monthly from the general fund 

13 of the Treasury to the Fund on the basis of esti14 mates made by the Secretary of the Treasury. 

15 (2) ADJUSTMENTS.—Proper adjustment shall 

16 be made in amounts subsequently transferred to the 

17 extent prior estimates were in excess of or less than 

18 the amounts required to be transferred. 

19 (e) FEDERAL FACILITY ENERGY EFFICIENCY AND

20 RENEWABLE ENERGY PROJECTS FUND PROGRAM.— 

21 (1) IN GENERAL.—The Secretary of Energy 

22 shall establish a Federal facility energy efficiency 

23 and renewable energy projects fund program under 

24 which the Secretary shall make loans to Federal 

25 agencies to assist the agencies in reducing energy 


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1 use and related purposes, as determined by the Sec2 retary. 

3 (2) GUIDELINES FOR APPLICATIONS.—Not later 

4 than 180 days after the date of enactment of this 

5 Act, the Secretary shall issue guidelines for Federal 

6 agencies to submit applications for loans under this 

7 subsection. 

8 (3) ELIGIBILITY.—Each Federal agency shall 

9 be eligible to submit an application for a loan under 

10 this subsection. 

11 (4) LOAN AWARDS.— 

12 (A) IN GENERAL.—The Secretary shall 

13 award loans under this subsection on a competi14 tive basis. 

15 (B) ALLOCATION.—The Secretary shall 

16 convene a committee of Federal agencies to de17 termine allocation from the Fund to carry out 

18 this subsection after a competitive assessment 

19 of the technical and economic effectiveness of 

20 each application for a loan under this sub21 section. 

22 (C) SELECTION.—In determining whether 

23 to provide a loan to a Federal agency for a 

24 project under this subsection, the Secretary 

25 shall consider— 


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1 (i) the cost-effectiveness of the 

2 project; 

3 (ii) the amount of energy and cost 

4 savings anticipated to the Federal Govern5 ment; 

6 (iii) the amount of funding committed 

7 to the project by the agency; 

8 (iv) the extent that a project will le9 verage financing from other non-Federal 

10 sources; and 

11 (v) any other factor that the Secretary 

12 determines will result in the greatest 

13 amount of energy and cost savings to the 

14 Federal Government. 

15 SEC. 4. INCENTIVES FOR FEDERAL AGENCIES FOR UTILITY 

16 ENERGY SAVINGS CONTRACTS. 

17 Not later than 180 days after the date of enactment 

18 of this Act, the Secretary of Energy, in consultation with 

19 the Secretary of Defense and the Administrator of General 

20 Services, shall promulgate regulations that enable Federal 

21 agencies to retain the financial savings that result from 

22 entering into utility energy savings contracts. 


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1 SEC. 5. RENEWABLE ENERGY FACILITIES SURVEYS BY FED2 ERAL AGENCIES. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this Act, the Secretary of Energy, 

5 in consultation with the Secretary of Defense and the Ad6 ministrator of General Services, shall promulgate regula7 tions that establish appropriate methods and procedures 

8 for use by Federal agencies to implement, unless incon9 sistent with the mission of the Federal agencies or imprac10 ticable due to environmental constraints, the identification 

11 of all potential locations at Federal facilities of the agen12 cies for renewable energy projects (including available 

13 land, building roofs, and parking structures). 

14 (b) IDENTIFICATION OF POTENTIAL LOCATIONS.— 

15 Not later than 1 year after the date of the promulgation 

16 of regulations under subsection (a), each Federal agency 

17 shall complete the report of the agency that identifies po18 tential locations described in subsection (a). 

19 SEC. 6. ADOPTION OF PERSONAL COMPUTER POWER SAV20 INGS TECHNIQUES BY FEDERAL AGENCIES. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of enactment of this Act, the Secretary of Energy, 

23 in consultation with the Secretary of Defense, the Sec24 retary of Veterans Affairs, and the Administrator of Gen25 eral Services, shall issue guidance for Federal agencies to 

26 employ advanced tools allowing energy savings through 


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1 the use of computer hardware, energy efficiency software, 

2 and power management tools. 

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

4 than 90 days after the date of the issuance of the guidance 

5 under subsection (a), each Federal agency shall submit to 

6 the Secretary of Energy a report that describes— 

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

8 guidance within the agency; and 

9 (2) estimated energy and financial savings from 

10 employing the tools described in subsection (a). 

11 SEC. 7. FEDERAL ENERGY MANAGEMENT AND DATA COL12 LECTION STANDARD. 

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

14 date of enactment of this Act, the Secretary of Energy, 

15 in consultation with the Secretary of Defense, the Admin16 istrator of General Services, and relevant industry and 

17 nonprofit groups, shall develop and issue guidance on a 

18 Federal energy management and data collection standard. 

19 (b) REQUIREMENTS.—Guidance described in sub20 section (a) shall include, at a minimum, a plan for the 

21 General Services Administration to publish energy con22 sumption data for individual Federal facilities on a single, 

23 searchable website, accessible by the public at no cost to 

24 access. 


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1 SEC. 8. ADVANCED METERING BEST PRACTICES FOR AD2 VANCED METERING. 

3 Section 543(e) of the National Energy Conservation 

4 Policy Act (42 U.S.C. 8253(e) is amended by striking 

5 paragraph (3) and inserting the following: 

6 ‘‘(3) PLAN.— 

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

8 days after the date on which guidelines are es9 tablished under paragraph (2), in a report sub10 mitted by the agency under section 548(a), each 

11 agency shall submit to the Secretary a plan de12 scribing the manner in which the agency will 

13 implement the requirements of paragraph (1), 

14 including— 

15 ‘‘(i) how the agency will designate 

16 personnel primarily responsible for achiev17 ing the requirements; and 

18 ‘‘(ii) a demonstration by the agency, 

19 complete with documentation, of any find20 ing that advanced meters or advanced me21 tering devices (as those terms are used in 

22 paragraph (1)), are not practicable. 

23 ‘‘(B) UPDATES.—Reports submitted under 

24 subparagraph (A) shall be updated annually. 

25 ‘‘(4) BEST PRACTICES REPORT.— 


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

2 days after the date of enactment of the Improv3 ing Energy Efficiency and Renewable Energy 

4 Use By Federal Agencies Act of 2010, the Sec5 retary of Energy, in consultation with the Sec6 retary of Defense and the Administrator of 

7 General Services, shall develop, and issue a re8 port on, best practices for the use of advanced 

9 metering of energy use in Federal facilities, 

10 buildings, and equipment by Federal agencies. 

11 ‘‘(B) UPDATING.—The report described 

12 under subparagraph (A) shall be updated annu13 ally. 

14 ‘‘(C) COMPONENTS.—The report shall in15 clude, at a minimum— 

16 ‘‘(i) summaries and analysis of the re17 ports by agencies under paragraph (3); 

18 ‘‘(ii) recommendations on standard re19 quirements or guidelines for automated en20 ergy management systems, including— 

21 ‘‘(I) potential common commu22 nications standards to allow data 

23 sharing and reporting; 

24 ‘‘(II) means of facilitating contin25 uous commissioning of buildings and 


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1 evidence-based maintenance of build2 ings and building systems; and 

3 ‘‘(III) standards for sufficient 

4 levels of security and protection 

5 against cyber threats to ensure sys6 tems cannot be controlled by unau7 thorized persons; and 

8 ‘‘(iii) an analysis of— 

9 ‘‘(I) the types of advanced meter10 ing and monitoring systems being pi11 loted, tested, or installed in Federal 

12 buildings; and 

13 ‘‘(II) existing techniques used 

14 within the private sector or other non15 Federal government buildings.’’. 

16 SEC. 9. AVAILABILITY OF FUNDS FOR DESIGN UPDATES. 

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

18 amended— 

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

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

21 (2) by inserting after subsection (c) the fol22 lowing: 

23 ‘‘(d) AVAILABILITY OF FUNDS FOR DESIGN UP24 DATES.— 


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

2 for any project for which congressional approval is 

3 received under subsection (a) and for which the de4 sign has been substantially completed but construc5 tion has not begun, the Administrator of General 

6 Services may use appropriated funds to update the 

7 project design to meet applicable Federal building 

8 energy efficiency standards established under section 

9 305 of the Energy Conservation and Production Act 

10 (42 U.S.C. 6834) and other requirements estab11 lished under section 3312. 

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

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

14 estimated energy or other cost savings associated 

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

16 analysis under section 544 of the National Energy 

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

18 SEC. 10. CONTINUOUS COMMISSIONING WITHIN THE FED19 ERAL BUILDING STOCK. 

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

21 States Code, is amended— 

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

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

24 (2) by inserting after subsection (b) the fol25 lowing: 


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1 ‘‘(c) CONTINUOUS COMMISSIONING WITHIN THE

2 FEDERAL BUILDING STOCK.— 

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

4 the date of enactment of the Improving Energy Effi5 ciency and Renewable Energy Use By Federal Agen6 cies Act of 2010, the Administrator and the Sec7 retary of Energy shall incorporate commissioning 

8 and recommissioning standards (as those terms are 

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

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

11 real property that— 

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

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

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

15 per square foot. 

16 ‘‘(2) REGULATIONS.—Not later than 180 days 

17 after the date of enactment of the Improving Energy 

18 Efficiency and Renewable Energy Use By Federal 

19 Agencies Act of 2010, the Administrator and the 

20 Secretary of Energy shall promulgate such regula21 tions as are necessary to carry out this subsection.’’. 

22 (b) CONFORMING AMENDMENTS.—Section 3312 of 

23 title 40, United States Code, is amended— 


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

2 subsection (a)(1)), by striking ‘‘and (c)’’ and insert3 ing ‘‘and (d)’’; 

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

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

6 ‘‘and (d)’’; and 

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

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

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

10 and inserting ‘‘subsection (b), (d), or (e) or for fail11 ure to carry out any recommendation under sub12 section (f)’’. 

13 SEC. 11. ELIMINATION OF STATE MATCHING REQUIRE14 MENT FOR ENERGY EFFICIENCY UPGRADES 

15 AT GUARD AND RESERVE ARMORIES AND 

16 READINESS CENTERS. 

17 Section 18236 of title 10, United States Code, is 

18 amended— 

19 (1) in subsection (b), by striking ‘‘A contribu20 tion’’ and inserting ‘‘Except as provided under sub21 section (e), a contribution’’; and 

22 (2) by adding at the end the following new sub23 section: 


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1 ‘‘(e) A contribution made at an armory or readiness 

2 center under paragraph (4) or (5) of section 18233(a) of 

3 this title for an energy efficiency upgrade shall cover— 

4 ‘‘(1) 100 percent of the cost of architectural, 

5 engineering and design services related to the up6 grade (including advance architectural, engineering 

7 and design services under section 18233(e) of this 

8 title); and 

9 ‘‘(2) 100 percent of the cost of construction re10 lated to the upgrade (exclusive of the cost of archi11 tectural, engineering and design services).’’. 

12 SEC. 12. AUDIT; REPORT. 

13 (a) AUDIT.—Not later than 180 days after the date 

14 of enactment of this Act, the Comptroller General of the 

15 United States shall carry out an audit to determine— 

16 (1) the cost-effectiveness of energy savings per17 formance contracts; and 

18 (2) the ability of Federal agencies to manage 

19 effectively energy savings performance contracts. 

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

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

22 United States shall submit to the appropriate committees 

23 of Congress a report that contains a description of the 

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

Æ 


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