datamatters24/research-document-archive huggingface dataset:
‘‘(ii) implementation of identified en-
ergy and water measures under paragraph 
(2); and 
‘‘(iii) follow-up on implemented meas-
ures under paragraph (3). 
‘‘(B) DEPLOYMENT.—Not later than 1 
year after the date of enactment of this sub-
section, the Secretary shall deploy the web- 
based tracking system required under this para-
graph in a manner that tracks, at a min-
imum— 
‘‘(i) the covered buildings and other 
facilities; 
‘‘(ii) the status of evaluations; 
‘‘(iii) the identified measures, with es-
timated costs and savings; 
‘‘(iv) the status of implementing the 
measures; 
‘‘(v) the measured savings; and 
‘‘(vi) the persistence of savings. 
‘‘(C) AVAILABILITY.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the Secretary shall make the web- 
based tracking system required under this 
paragraph available to Congress, other 
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Federal agencies, and the public through 
the Internet. 
‘‘(ii) EXEMPTIONS.—At the request of 
a Federal agency, the Secretary may ex-
empt specific data for specific buildings 
from disclosure under clause (i) for na-
tional security purposes. 
‘‘(6) BENCHMARKING
OF
FEDERAL
FACILI-
TIES.— 
‘‘(A) IN GENERAL.—Each Federal agency 
shall enter energy use data for each building 
and other facility of the Federal agency into a 
building energy use benchmarking system, such 
as the Energy Star Portfolio Manager. 
‘‘(B) SYSTEM AND GUIDANCE.—Not later 
than 1 year after the date of enactment of this 
subsection, the Secretary shall— 
‘‘(i) select or develop the building en-
ergy use benchmarking system required 
under this paragraph for each type of 
building; and 
‘‘(ii) issue guidance for use of the sys-
tem. 
‘‘(7) FEDERAL AGENCY SCORECARDS.— 
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‘‘(A) IN GENERAL.—The Director of the 
Office of Management and Budget shall issue 
quarterly scorecards for energy management ac-
tivities carried out by each Federal agency that 
includes— 
‘‘(i) summaries of the status of— 
‘‘(I) energy and water evalua-
tions under paragraph (1); 
‘‘(II) implementation of identified 
energy and water measures under 
paragraph (2); and 
‘‘(III) follow-up on implemented 
measures under paragraph (3); and 
‘‘(ii) any other means of measuring 
performance that the Director considers 
appropriate. 
‘‘(B) AVAILABILITY.—The Director shall 
make the scorecards required under this para-
graph available to Congress, other Federal 
agencies, and the public through the Internet. 
‘‘(8) FUNDING.— 
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated such sums as are necessary to carry out 
this subsection. 
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‘‘(B) FUNDING OPTIONS.— 
‘‘(i) IN GENERAL.—To carry out para-
graphs (1) through (3), a Federal agency 
may use any combination of— 
‘‘(I) appropriated funds made 
available under subparagraph (A); 
and 
‘‘(II) private financing, including 
financing available through energy 
savings performance contracts or util-
ity energy savings contracts. 
‘‘(ii) COMBINED FUNDING FOR SAME 
MEASURE.—A Federal agency may use any 
combination of appropriated funds and pri-
vate financing described in clause (i) to 
carry out the same measure under this 
subsection, with proportional allocation for 
any energy and water savings. 
‘‘(iii) 
LACK
OF
APPROPRIATED 
FUNDS.—Since measures may be carried 
out using private financing described in 
clause (i), a lack of available appropria-
tions shall not be considered a sufficient 
reason for the failure of a Federal agency 
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108TH CONGRESS
1ST SESSION
H. CON. RES. 85
CONCURRENT RESOLUTION
Expressing the sense of the Congress with regard
to the need for improved fire safety in nonresi-
dential buildings in the aftermath of the tragic
fire on February 20, 2003, at a nightclub in
West Warwick, Rhode Island.
to comply with paragraphs (1) through 
(3).’’. 
SEC. 3. ENERGY SAVINGS PERFORMANCE CONTRACTS. 
Section 801 of the National Energy Conservation 
Policy Act (42 U.S.C. 8287) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (D), by inserting ‘‘be-
ginning on the date of the delivery order’’ after 
‘‘25 years’’; and 
(B) by adding at the end the following: 
‘‘(E) PROMOTION OF CONTRACTS.—In car-
rying out this section, a Federal agency shall 
not— 
‘‘(i) establish a Federal agency policy 
that limits the maximum contract term 
under subparagraph (D) to a period short-
er than 25 years; or 
‘‘(ii) limit the total amount of obliga-
tions under energy savings performance 
contracts or other private financing of en-
ergy savings measures. 
‘‘(F) MEASUREMENT
AND
VERIFICATION 
REQUIREMENTS FOR PRIVATE FINANCING.— 
‘‘(i) IN
GENERAL.—The evaluations 
and savings measurement and verification 
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required under paragraphs (1) and (3) of 
section 543(f) shall be used by a Federal 
agency to meet the requirements for— 
‘‘(I) in the case of energy savings 
performance contracts, the need for 
energy audits, calculation of energy 
savings, and any other evaluation of 
costs and savings needed to imple-
ment the guarantee of savings under 
this section; and 
‘‘(II) in the case of utility energy 
service contracts, needs that are simi-
lar to the purposes described in sub-
clause (I). 
‘‘(ii) MODIFICATION
OF
EXISTING 
CONTRACTS.—Not later than 180 days 
after the date of enactment of this sub-
paragraph, each Federal agency shall, to 
the maximum extent practicable, modify 
any indefinite delivery and indefinite quan-
tity energy savings performance contracts, 
and other indefinite delivery and indefinite 
quantity contracts using private financing, 
to conform to the amendments made by 
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the Federal Building Renewal and Energy 
Savings Act of 2007.’’; and 
(2) by striking subsection (c); 
Æ 
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I 
110TH CONGRESS 
1ST SESSION H. R. 2529 
To establish efficiency resource standards for retail electricity and natural 
gas distributors, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2007 
Mr. MARKEY introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To establish efficiency resource standards for retail electricity 
and natural gas distributors, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. RETAIL ELECTRIC AND GAS UTILITY EFFI-
CIENCY POLICIES. 
(a) IN GENERAL.—The Public Utility Regulatory 
Policies Act of 1978 is amended by adding the following 
after section 609: 
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‘‘SEC. 610. EFFICIENCY RESOURCE STANDARDS FOR RE-
TAIL ELECTRICITY AND NATURAL GAS DIS-
TRIBUTORS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BASE QUANTITY.—The term ‘base quan-
tity’, with respect to a retail electricity or natural 
gas distributor, means the total quantity of electric 
energy or natural gas delivered by the retail elec-
tricity or natural gas distributor to retail customers 
during the most recent calendar year for which in-
formation is available. 
‘‘(2) COMBINED HEAT AND POWER SYSTEM.— 
The terms ‘combined heat and power system’ and 
‘CHP system’ mean a system that— 
‘‘(A) uses the same energy source for the 
simultaneous or sequential generation of elec-
trical power, mechanical power, or both, in com-
bination with the generation of steam or other 
forms of useful thermal energy (including heat-
ing and cooling applications); 
‘‘(B) produces at least 20 percent of its 
total useful energy in the form of thermal en-
ergy, and at least 15 percent of its total useful 
energy in the form of electrical or mechanical 
power (or a combination thereof); 
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‘‘(C) except for systems designed for oper-
ation on cellulosic biomass fuel, has a marginal 
net heat rate of no more than 7,500 Btu/kWh, 
calculated on a higher heating value basis; 
‘‘(D) is designed for continuous operation; 
and 
‘‘(E) if generating electricity provides such 
electricity primarily for use for a facility or 
group of facilities located near the point where 
the electricity is generated, and from which net 
wholesale sales of electricity are not in excess of 
50 percent of total annual generation. 
‘‘(3) CUSTOMER
FACILITY.—The term ‘cus-
tomer facility’ means an end-use consumer of elec-
tricity or natural gas served by a retail electricity or 
natural gas distributor. 
‘‘(4) DEEMED
SAVINGS.—The term ‘deemed 
savings’ means an estimate of the average per unit 
savings from installation of specific common energy 
efficiency measures. Deemed savings estimates shall 
be based on field studies or billing analyses of sav-
ings at a sample of sites where the specific measure 
is installed. 
‘‘(5) ELECTRIC
AND
NATURAL
GAS
SAVINGS 
CORPORATION.—The term ‘Electric and Natural Gas 
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Savings Corporation’ means the corporation certified 
pursuant to subsection (d)(7)(C). 
‘‘(6) ELECTRICITY.—(A) The term ‘electricity 
savings’ means any of the following: 
‘‘(i) Reductions in end-use electricity con-
sumption achieved by a customer facility rel-
ative to— 
‘‘(I) consumption at the same facility 
in a base year, as defined in rules issued 
by the Secretary; 
‘‘(II) in the case of replacement of 
equipment at the end of its life or of new 
equipment that does not replace existing 
equipment, consumption of new equipment 
of average efficiency, as defined in rules 
issued by the Secretary; or 
‘‘(III) in the case of a new facility, 
consumption at a reference facility, as de-
fined in rules issued by the Secretary. 
‘‘(ii) Reductions in distribution system 
losses of electricity achieved by a retail elec-
tricity distributor relative to losses attributable 
to new or replacement distribution system 
equipment of average efficiency, as defined in 
rules issued by the Secretary. 
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‘‘(iii) Any combination of the foregoing. 
‘‘(B) The reductions referred to in subpara-
graph (A) may be due to— 
‘‘(i) energy efficiency measures, including 
demand response measures that result in im-
proved energy efficiency; 
‘‘(ii) combined heat and power systems as 
calculated under subparagraph (D); 
‘‘(iii) recycled energy; or 
‘‘(iv) in the case of distribution system 
losses, upgraded distribution transformers, up-
graded electrical connectors, high temperature 
superconductors, or other measures to reduce 
such losses as specified in rules issued by the 
Secretary. 
‘‘(C) The reductions in end-use electricity con-
sumption at a customer facility shall be reduced on 
a Btu basis by the Btu equivalent of any associated 
increases in fuel consumption at such facility. The 
conversion of any such fuel consumption increase to 
an equivalent amount of electricity on a Btu basis 
shall be determined by the Secretary based on the 
average heat rate of central station generation in the 
region (accounting for average transmission and dis-
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tribution losses in the region), as determined in 
rules issued by the Secretary. 
‘‘(D) For a combined heat and power (CHP) 
system, the electricity savings shall be the electricity 
and mechanical power generated by the CHP system 
net of fuel used by the system, where the fuel used 
is the product of— 
‘‘(i) the electricity and mechanical power 
generated by the CHP system; 
‘‘(ii) the net-effective heat rate for the 
CHP system; and 
‘‘(iii) the inverse of the average heat rate 
of central station generation in the region, tak-
ing into consideration avoided transmission and 
distribution losses resulting from on-site gen-
eration as determined under subparagraph (C). 
‘‘(7) NATURAL
GAS
SAVINGS.—(A) The term 
‘natural gas savings’ means— 
‘‘(i) reductions in end-use natural gas con-
sumption achieved by a customer facility rel-
ative to— 
‘‘(I) consumption at the same facility 
in a base year, as defined in rules issued 
by the Secretary; 
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‘‘(II) in the case of replacement of 
equipment at the end of its life or of new 
equipment that does not replace existing 
equipment, consumption of new equipment 
of average efficiency, as defined in rules 
issued by the Secretary; or 
‘‘(III) in the case of a new facility, 
consumption at a reference facility, as de-
fined in rules issued by the Secretary; 
‘‘(ii) reductions in leakage, operational 
losses, and gas fuel consumption in the oper-
ation of a gas distribution system achieved by 
a retail gas distributor relative to such losses in 
a base year, as defined in rules issued by the 
Secretary; or 
‘‘(iii) any combination of the foregoing. 
‘‘(B) The natural gas savings may be due to— 
‘‘(i) energy efficiency measures; 
‘‘(ii) recycled energy; or 
‘‘(iii) in the case of gas distribution system 
losses, technologies and practices as specified in 
rules issued by the Secretary including meas-
ures recommended for gas distribution systems 
by the Natural Gas STAR Program adminis-
tered by the Environmental Protection Agency. 
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H. R. 2419—492 
SEC. 12074. ASSIGNMENT OF EMPLOYEES OF THE OFFICE OF DISASTER 
ASSISTANCE AND DISASTER CADRE. 
(a) IN GENERAL.—Section 7(b) of the Small Business Act (15 
U.S.C. 636(b)) is amended by inserting immediately after paragraph 
(6), as added by this Act, the following: 
‘‘(7) DISASTER ASSISTANCE EMPLOYEES.— 
‘‘(A) IN GENERAL.—In carrying out this section, the 
Administrator may, where practicable, ensure that the 
number of full-time equivalent employees— 
‘‘(i) in the Office of the Disaster Assistance is not 
fewer than 800; and 
‘‘(ii) in the Disaster Cadre of the Administration 
is not fewer than 1,000. 
‘‘(B) REPORT.—In carrying out this subsection, if the 
number of full-time employees for either the Office of Dis-
aster Assistance or the Disaster Cadre of the Administra-
tion is below the level described in subparagraph (A) for 
that office, not later than 21 days after the date on which 
that staffing level decreased below the level described in 
subparagraph (A), the Administrator shall submit to the 
Committee on Appropriations and the Committee on Small 
Business and Entrepreneurship of the Senate and the Com-
mittee on Appropriations and Committee on Small Business 
of the House of Representatives, a report— 
‘‘(i) detailing staffing levels on that date; 
‘‘(ii) requesting, if practicable and determined 
appropriate by the Administrator, additional funds for 
additional employees; and 
‘‘(iii) containing such additional information, as 
determined appropriate by the Administrator.’’. 
SEC. 12075. COMPREHENSIVE DISASTER RESPONSE PLAN. 
The Small Business Act (15 U.S.C. 631 et seq.) is amended 
inserting after section 39, as added by this Act, the following: 
‘‘SEC. 40. COMPREHENSIVE DISASTER RESPONSE PLAN. 
‘‘(a) PLAN REQUIRED.—The Administrator shall develop, imple-
ment, or maintain a comprehensive written disaster response plan. 
The plan shall include the following: 
‘‘(1) For each region of the Administration, a description 
of the disasters most likely to occur in that region. 
‘‘(2) For each disaster described under paragraph (1)— 
‘‘(A) an assessment of the disaster; 
‘‘(B) an assessment of the demand for Administration 
assistance most likely to occur in response to the disaster; 
‘‘(C) an assessment of the needs of the Administration, 
with respect to such resources as information technology, 
telecommunications, human resources, and office space, to 
meet the demand referred to in subparagraph (B); and 
‘‘(D) guidelines pursuant to which the Administration 
will coordinate with other Federal agencies and with State 
and local authorities to best respond to the demand referred 
to in subparagraph (B) and to best use the resources 
referred to in that subparagraph. 
‘‘(b) COMPLETION; REVISION.—The first plan required by sub-
section (a) shall be completed not later than 180 days after the 
date of the enactment of this section. Thereafter, the Administrator
‘‘(C) The reductions in natural gas consump-
tion shall be reduced on a Btu equivalent basis by 
any associated increases in the consumption of elec-
tricity or other substitute fuels by a customer facility 
or a natural gas distributor, as determined under 
rules issued by the Secretary. The conversion of any 
such increase in the consumption of electricity or 
other fuels to an equivalent amount of natural gas 
consumption on a Btu basis shall be determined by 
the Secretary based on the average heat rate of cen-
tral station electric generation in the region and av-
erage transmission and distribution losses in the re-
gion, as determined under rules issued by the Sec-
retary. 
‘‘(8) NET EFFECTIVE HEAT RATE.—The term 
‘net effective heat rate’ means a ratio, the numer-
ator of which is the higher heating value of the in-
crement of fuel required by a CHP system to 
produce electricity and mechanical power, over and 
above the fuel that would be required to produce the 
equivalent thermal output of the CHP system by a 
system without power generation, expressed in Brit-
ish thermal units, and the denominator of which is 
the power output of the CHP system, expressed in 
kilowatt-hours. 
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‘‘(9) PERFORMANCE
STANDARD.—The term 
‘performance standard’ means the performance 
standard for energy savings established under sub-
section (b). 
‘‘(10) RECYCLED ENERGY.—The term ‘recycled 
energy’ means electrical or mechanical power, or 
both, or thermal energy produced by modifying an 
industrial or commercial system that was in place 
prior to January 1, 2007, such that the modified 
system— 
‘‘(A) recaptures energy that would other-
wise be wasted from sources, including— 
‘‘(i) waste heat from industrial proc-
esses, natural gas compressor stations, and 
other sources; 
‘‘(ii) pressure in a fluid or gas system 
including but not limited to steam, natural 
gas, and water; and 
‘‘(iii) blast furnace, coke oven, carbon 
black, and petrochemical process waste 
gas, or pollution control projects, including 
thermal oxidizers and gas flares; and 
‘‘(B) uses equipment and technologies in-
cluding— 
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‘‘(i) back-pressure turbines in parallel 
with existing pressure-reducing valves in 
steam, water and gas systems; 
‘‘(ii) organic Rankine, Stirling, or 
Kalina cycle heat engine systems driven by 
waste heat; or 
‘‘(iii) heat recovery steam generators 
with steam turbine generators that recover 
waste heat. 
‘‘(11) RETAIL ELECTRICITY OR NATURAL GAS 
DISTRIBUTOR.—The term ‘retail electricity or nat-
ural gas distributor’ means a person (including a 
Federal, State, or local entity) that— 
‘‘(A) distributes electric energy or natural 
gas to consumers in the United States for a cal-
endar year, including electricity or natural gas 
supplied by unregulated suppliers, regardless of 
whether such suppliers are affiliated or unaffili-
ated with the distributor; and 
‘‘(B) sold not less than 800,000 megawatt- 
hours of electric energy or 1 billion cubic feet 
of natural gas to consumers in the United 
States for purposes other than resale during the 
preceding calendar year. 
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For purposes of this paragraph, electricity or nat-
ural gas sold at wholesale to large end-use customers 
shall be included but natural gas sold to wholesale 
electric generators to generate electric power for re-
sale shall not be not included. 
‘‘(b) PERFORMANCE STANDARD.— 
‘‘(1) IN GENERAL.—Each retail electricity or 
natural gas distributor shall undertake electricity 
and natural gas savings measures in each calendar 
year beginning with 2009 that produce electricity 
and natural gas savings as a percentage of the dis-
tributor’s base quantity at the applicable rate speci-
fied in paragraph (5). 
‘‘(2) SAVINGS.—The savings described in para-
graph (1) shall represent savings realized in the 
specified year from measures implemented in that 
year and all preceding years beginning with 2007. 
‘‘(3) LIMITS.—Savings from combined heat and 
power systems, recycled energy, and electricity or 
natural gas distribution system measures may be 
used by a distributor to satisfy no more than 50 per-
cent of the applicable savings specified for any year 
in the table contained in paragraph (5). 
‘‘(4) COMPLIANCE.—(A) Each retail electricity 
or natural gas distributor subject to this subsection 
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