I 
112TH CONGRESS 
2D SESSION 
H. R. 4017 
To promote efficient energy use in the Federal and private sectors, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2012 
Mr. BASS of New Hampshire (for himself, Mr. MATHESON, Mr. DOLD, Mr. 
WELCH, Mr. BARROW, and Mr. FITZPATRICK) introduced the following 
bill; which was referred to the Committee on Energy and Commerce, and 
in addition to the Committees on Oversight and Government Reform and 
Science, Space, and Technology, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To promote efficient energy use in the Federal and private 
sectors, 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. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Smart Energy Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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TITLE I—FEDERAL ENERGY USE AND GENERATION 
Sec. 101. Utilizing energy savings performance contracts. 
Sec. 102. Demand response programs. 
Sec. 103. Federal data center consolidation. 
Sec. 104. Adoption of personal computer power savings techniques by Federal 
agencies. 
Sec. 105. Best practices for advanced metering. 
Sec. 106. Federal energy management and data collection standard. 
TITLE II—PROVIDING OPPORTUNITIES FOR ENERGY EFFICIENCY 
IN BUSINESS AND INDUSTRY 
Sec. 201. Loan program for energy efficiency upgrades to existing buildings. 
Sec. 202. Coordination of research and development of energy efficient tech-
nologies for industry. 
Sec. 203. Combined heat and power and waste heat recovery. 
TITLE I—FEDERAL ENERGY USE 
AND GENERATION 
SEC. 101. UTILIZING ENERGY SAVINGS PERFORMANCE 
CONTRACTS AND UTILITY ENERGY SERVICE 
CONTRACTS. 
(a) IMPLEMENTATION
OF ENERGY MANAGEMENT 
REQUIREMENTS.—Section 543(f)(10) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8253(f)(10)) is 
amended— 
(1) in subparagraph (B)(i), by striking ‘‘To 
carry’’ and inserting ‘‘To the extent consistent with 
subparagraph (C), to carry’’; 
(2) in subparagraph (B)(ii), by striking ‘‘A 
Federal’’ and inserting ‘‘To the extent consistent 
with subparagraph (C), a Federal’’; and 
(3) by amending subparagraph (C) to read as 
follows: 
‘‘(C) IMPLEMENTATION.— 
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‘‘(i) GENERAL RULE.—Except as pro-
vided in clause (i) or (ii) of this subpara-
graph, each Federal agency shall imple-
ment the requirements under this sub-
section through private financing described 
in subparagraph (B)(i)(II). 
‘‘(ii) EXCEPTION.—A Federal agency 
may implement the requirements under 
this subsection using appropriated funds 
described in subparagraph (B)(i)(I) if im-
plementation pursuant to clause (i) of this 
subparagraph conflicts with the primary 
mission of the agency or facility, or if 
greater cost savings can be generated 
under a different program. A Federal 
agency shall provide a written justification 
for any decision to implement such require-
ments under this clause, including an anal-
ysis of the impact of such decision on the 
taxpayer. 
‘‘(iii) 
FEDERAL
ADMINISTRATIVE 
COSTS.—A Federal agency may implement 
the requirements under this subsection 
using appropriated funds described in sub-
paragraph (B)(i)(I) to the extent necessary 
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to cover Federal administrative costs with 
respect to implementation pursuant to 
clause (i) of this subparagraph.’’. 
(b) TERMINATION CLAUSES.—Section 801(b)(2) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8287(b)(2)) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (B); 
(2) by striking the period at the end of sub-
paragraph (C)(iv) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) require each agency to include in con-
tracts appropriate termination clauses for facili-
ties that will or may close before the end of the 
term of the contract.’’. 
(c) ESPCS FOR ELECTRIC VEHICLES AND FUELING 
INFRASTRUCTURE.—Section 804 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287c) is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(A); 
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
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‘‘(C) a measure to support the use of elec-
tric vehicles or the fueling or charging infra-
structure necessary for electric vehicles.’’. 
(d) UESCS FOR ELECTRIC VEHICLES AND FUELING 
INFRASTRUCTURE.—Section 546 of the National Energy 
Conservation Policy Act (42 U.S.C. 8256) is amended in 
subsection (c)(1) by inserting ‘‘, including measures taken 
to finance the acquisition or use of electric-powered vehi-
cles or their fueling infrastructure,’’ after ‘‘demand’’. 
SEC. 102. DEMAND RESPONSE PROGRAMS. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended— 
(1) by redesignating the second subsection (f) 
as subsection (g); and 
(2) by adding at the end the following new sub-
section: 
‘‘(h) DEMAND RESPONSE PROGRAMS.—To carry out 
this section, a Federal agency shall participate in demand 
response programs offered by electric utilities, Inde-
pendent System Operators, Regional Transmission Orga-
nizations, and demand response aggregators, where such 
programs are available, if such participation does not con-
flict with the primary mission of the agency or facility, 
in order to support electric grid reliability and security 
and reduce energy bills for the agency or facility.’’. 
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SEC. 103. FEDERAL DATA CENTER CONSOLIDATION. 
(a) DEFINITION.—In this section, the term ‘‘Federal 
data center’’ means a room or space in a Federal building 
that is used for housing computer servers, data storage 
devices, or network equipment, including server closets. 
(b) OMB REQUIREMENTS.—The Director of the Of-
fice of Management and Budget shall direct the Federal 
Chief Information Officer to— 
(1) require that agencies, when updating their 
Federal data center inventories in the third quarter 
of each fiscal year, state what actions have been 
taken to verify the inventories and to identify any 
limitations of this information; 
(2) require that agencies complete the missing 
elements in their respective plans and submit com-
plete Federal data center consolidation plans, or pro-
vide a schedule for when they will do so, not later 
than 180 days after the date of enactment of this 
Act; 
(3) require agencies to consider consolidation 
challenges and lessons learned when updating their 
consolidation plans; and 
(4) utilize the existing accountability infrastruc-
ture by requiring the Data Center Consolidation 
Task Force to assess agency consolidation plans to 
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ensure they are complete and to monitor the agen-
cies’ implementation of their plans. 
(c) DEPARTMENT AND AGENCY REQUIREMENTS.— 
Each of the department secretaries and agency heads of 
the 23 departments and agencies participating in the Of-
fice of Management and Budget’s Federal data center con-
solidation initiative shall— 
(1) direct their component agencies and their 
Federal data center consolidation program managers 
to complete the missing elements in their respective 
Federal data center consolidation inventories and 
plans; and 
(2) require their Federal data center consolida-
tion program managers to consider consolidation 
challenges and lessons learned when updating their 
consolidation plans. 
SEC. 104. ADOPTION OF PERSONAL COMPUTER POWER 
SAVINGS TECHNIQUES BY FEDERAL AGEN-
CIES. 
(a) IN GENERAL.—Not later than 360 days after the 
date of enactment of this Act, the Secretary of Energy, 
in consultation with the Secretary of Defense, the Sec-
retary of Veterans Affairs, and the Administrator of Gen-
eral Services, shall issue guidance for Federal agencies to 
employ advanced tools allowing energy savings through 
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the use of computer hardware, energy efficiency software, 
and power management tools. 
(b) REPORTS ON PLANS AND SAVINGS.—Not later 
than 180 days after the date of the issuance of the guid-
ance under subsection (a), each Federal agency shall sub-
mit to the Secretary of Energy a report that describes— 
(1) the plan of the agency for implementing the 
guidance within the agency; and 
(2) estimated energy and financial savings from 
employing the tools described in subsection (a). 
SEC. 105. BEST PRACTICES FOR ADVANCED METERING. 
Section 543(e) of the National Energy Conservation 
Policy Act (42 U.S.C. 8253(e)) is amended by striking 
paragraph (3) and inserting the following: 
‘‘(3) PLAN.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date on which guidelines are es-
tablished under paragraph (2), in a report sub-
mitted by the agency under section 548(a), each 
agency shall submit to the Secretary a plan de-
scribing the manner in which the agency will 
implement the requirements of paragraph (1), 
including— 
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‘‘(i) how the agency will designate 
personnel primarily responsible for achiev-
ing the requirements; and 
‘‘(ii) a demonstration by the agency, 
complete with documentation, of any find-
ing that advanced meters or advanced me-
tering devices (as those terms are used in 
paragraph (1)), are not practicable. 
‘‘(B) UPDATES.—Reports submitted under 
subparagraph (A) shall be updated annually. 
‘‘(4) BEST PRACTICES REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of the Smart 
Energy Act, the Secretary of Energy, in con-
sultation with the Secretary of Defense and the 
Administrator of General Services, shall de-
velop, and issue a report on, best practices for 
the use of advanced metering of energy use in 
Federal facilities, buildings, and equipment by 
Federal agencies. 
‘‘(B) UPDATING.—The report described 
under subparagraph (A) shall be updated annu-
ally. 
‘‘(C) COMPONENTS.—The report shall in-
clude, at a minimum— 
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‘‘(i) summaries and analysis of the re-
ports by agencies under paragraph (3); 
‘‘(ii) recommendations on standard re-
quirements or guidelines for automated en-
ergy management systems, including— 
‘‘(I) potential common commu-
nications standards to allow data 
sharing and reporting; 
‘‘(II) means of facilitating contin-
uous commissioning of buildings and 
evidence-based maintenance of build-
ings and building systems; and 
‘‘(III) standards for sufficient 
levels of security and protection 
against cyber threats to ensure sys-
tems cannot be controlled by unau-
thorized persons; and 
‘‘(iii) an analysis of— 
‘‘(I) the types of advanced meter-
ing and monitoring systems being pi-
loted, tested, or installed in Federal 
buildings; and 
‘‘(II) existing techniques used 
within the private sector or other non- 
Federal government buildings.’’. 
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SEC. 106. FEDERAL ENERGY MANAGEMENT AND DATA COL-
LECTION STANDARD. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended— 
(1) by redesignating the second subsection (f) 
(as added by section 434(a) of Public Law 110–140 
(121 Stat. 1614)) as subsection (g); and 
(2) in subsection (f)(7), by striking subpara-
graph (A) and inserting the following: 
‘‘(A) IN GENERAL.—For each facility that 
meets the criteria established by the Secretary 
under paragraph (2)(B), the energy manager 
shall use the web-based tracking system under 
subparagraph (B)— 
‘‘(i) to certify compliance with the re-
quirements for— 
‘‘(I) energy and water evalua-
tions under paragraph (3); 
‘‘(II) implementation of identified 
energy and water measures under 
paragraph (4); and 
‘‘(III) follow-up on implemented 
measures under paragraph (5); and 
‘‘(ii) to publish energy and water con-
sumption data on an individual facility 
basis.’’. 
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TITLE II—PROVIDING OPPORTU-
NITIES FOR ENERGY EFFI-
CIENCY IN BUSINESS AND IN-
DUSTRY 
SEC. 201. LOAN PROGRAM FOR ENERGY EFFICIENCY UP-
GRADES TO EXISTING BUILDINGS. 
Title XVII of the Energy Policy Act of 2005 (42 
U.S.C. 16511 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 1706. BUILDING RETROFIT FINANCING PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CREDIT SUPPORT.—The term ‘credit sup-
port’ means a guarantee or commitment to issue a 
guarantee or other forms of credit enhancement to 
ameliorate risks for efficiency obligations. 
‘‘(2) EFFICIENCY OBLIGATION.—The term ‘effi-
ciency obligation’ means a debt or repayment obliga-
tion incurred in connection with financing a project, 
or a portfolio of such debt or payment obligations. 
‘‘(3) PROJECT.—The term ‘project’ means the 
installation and implementation of efficiency, ad-
vanced metering, distributed generation, or renew-
able energy technologies and measures in a building 
(or in multiple buildings on a given property) that 
are expected to increase the energy efficiency of the 
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building (including fixtures) in accordance with cri-
teria established by the Secretary. 
‘‘(b) ELIGIBLE PROJECTS.— 
‘‘(1) IN
GENERAL.—Notwithstanding sections 
1703 and 1705, the Secretary may provide credit 
support under this section, in accordance with sec-
tion 1702. 
‘‘(2) INCLUSIONS.—Buildings eligible for credit 
support under this section include commercial, mul-
tifamily residential, industrial, municipal, govern-
ment, institution of higher education, school, and 
hospital facilities that satisfy criteria established by 
the Secretary. 
‘‘(c) GUIDELINES.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this section, the Sec-
retary shall— 
‘‘(A) establish guidelines for credit support 
provided under this section; and 
‘‘(B) publish the guidelines in the Federal 
Register; and 
‘‘(C) provide for an opportunity for public 
comment on the guidelines. 
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‘‘(2) REQUIREMENTS.—The guidelines estab-
lished by the Secretary under this subsection shall 
include— 
‘‘(A) standards for assessing the energy 
savings that could reasonably be expected to re-
sult from a project; 
‘‘(B) examples of financing mechanisms 
(and portfolios of such financing mechanisms) 
that qualify as efficiency obligations; 
‘‘(C) the threshold levels of energy savings 
that a project, at the time of issuance of credit 
support, shall be reasonably expected to achieve 
to be eligible for credit support; 
‘‘(D) the eligibility criteria the Secretary 
determines to be necessary for making credit 
support available under this section; and 
‘‘(E) notwithstanding subsections (d)(3) 
and (g)(2)(B) of section 1702, lien priority and 
credit risk protections established by the Sec-
retary, in consultation with the Director of the 
Office of Management and Budget, which shall 
include— 
‘‘(i) requirements to preserve priority 
lien status of secured lenders and creditors 
in buildings eligible for credit support; 
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‘‘(ii) remedies available to the Sec-
retary under chapter 176 of title 28, 
United States Code, in the event of default 
on the efficiency obligation by the bor-
rower; and 
‘‘(iii) measures to limit the exposure 
of the Secretary to financial risk in the 
event of default, such as— 
‘‘(I) the collection of a credit sub-
sidy fee from the borrower as a loan 
loss reserve, taking into account the 
limitation on credit support under 
subsection (d); 
‘‘(II) minimum debt-to-income 
levels of the borrower; 
‘‘(III) minimum levels of value 
relative to outstanding mortgage or 
other debt on a building eligible for 
credit support; 
‘‘(IV) allowable thresholds for the 
percent of the efficiency obligation rel-
ative to the amount of any mortgage 
or other debt on an eligible building; 
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‘‘(V) analysis of historic and an-
ticipated occupancy levels and rental 
income of an eligible building; 
‘‘(VI) requirements of third-party 
contractors to guarantee energy sav-
ings that will result from a retrofit 
project, and whether financing on the 
efficiency 
obligation 
will 
amortize 
from the energy savings; 
‘‘(VII) requirements that the ret-
rofit project incorporate protocols to 
measure and verify energy savings; 
and 
‘‘(VIII) recovery of payments 
equally by the Secretary and the ret-
rofit. 
‘‘(3) EFFICIENCY OBLIGATIONS.—The financing 
mechanisms qualified by the Secretary under para-
graph (2)(B) may include— 
‘‘(A) loans, including loans made by the 
Federal Financing Bank; 
‘‘(B) power purchase agreements, including 
energy efficiency power purchase agreements; 
‘‘(C) energy services agreements, including 
energy performance contracts; 
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‘‘(D) property assessed clean energy bonds 
and other tax assessment-based financing mech-
anisms; 
‘‘(E) aggregate on-meter agreements that 
finance retrofit projects; and 
‘‘(F) any other efficiency obligations the 
Secretary determines to be appropriate. 
‘‘(4) PRIORITIES.—In carrying out this section, 
the Secretary shall prioritize— 
‘‘(A) the maximization of energy savings 
with the available credit support funding; 
‘‘(B) the establishment of a clear applica-
tion and approval process that allows private 
building owners, lenders, and investors to rea-
sonably expect to receive credit support for 
projects that conform to guidelines; 
‘‘(C) the distribution of projects receiving 
credit support under this section across States 
or geographical regions of the United States; 
and 
‘‘(D) projects designed to achieve whole- 
building retrofits. 
‘‘(d) LIMITATION.—Notwithstanding section 1702(c), 
the Secretary shall not issue credit support under this sec-
tion in an amount that exceeds— 
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‘‘(1) 90 percent of the principal amount of the 
efficiency obligation that is the subject of the credit 
support; or 
‘‘(2) $10,000,000 for any single project. 
‘‘(e) AGGREGATION OF PROJECTS.—To the extent 
provided in the guidelines developed in accordance with 
subsection (c), the Secretary may issue credit support on 
a portfolio, or pool of projects, that are not required to 
be geographically contiguous, if each efficiency obligation 
in the pool fulfills the requirements described in this sec-
tion. 
‘‘(f) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive 
credit support under this section, the applicant shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary determines to be necessary. 
‘‘(2) CONTENTS.—An application submitted 
under this section shall include assurances by the 
applicant that— 
‘‘(A) each contractor carrying out the 
project meets minimum experience level criteria, 
including local retrofit experience, as deter-
mined by the Secretary; 
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‘‘(B) the project is reasonably expected to 
achieve energy savings, as set forth in the appli-
cation using any methodology that meets the 
standards described in the program guidelines; 
‘‘(C) the project meets any technical cri-
teria described in the program guidelines; 
‘‘(D) the recipient of the credit support 
and the parties to the efficiency obligation will 
provide the Secretary with— 
‘‘(i) any information the Secretary re-
quests to assess the energy savings that re-
sult from the project, including historical 
energy usage data, a simulation-based 
benchmark, and detailed descriptions of 
the building work, as described in the pro-
gram guidelines; and 
‘‘(ii) permission to access information 
relating to building operations and usage 
for the period described in the program 
guidelines; and 
‘‘(E) any other assurances that the Sec-
retary determines to be necessary. 
‘‘(3) DETERMINATION.—Not later than 90 days 
after receiving an application, the Secretary shall 
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make a final determination on the application, which 
may include requests for additional information. 
‘‘(g) FEES.— 
‘‘(1) IN GENERAL.—In addition to the fees re-
quired by section 1702(h)(1), the Secretary may 
charge reasonable fees for credit support provided 
under this section. 
‘‘(2) AVAILABILITY.—Fees collected under this 
section shall be subject to section 1702(h)(2). 
‘‘(h) UNDERWRITING.—The Secretary may delegate 
the underwriting activities under this section to 1 or more 
entities that the Secretary determines to be qualified. 
‘‘(i) REPORT.—Not later than 1 year after com-
mencement of the program, the Secretary shall submit to 
the appropriate committees of Congress a report that de-
scribes in reasonable detail— 
‘‘(1) the manner in which this section is being 
carried out; 
‘‘(2) the number and type of projects sup-
ported; 
‘‘(3) the types of funding mechanisms used to 
provide credit support to projects; 
‘‘(4) the energy savings expected to result from 
projects supported by this section; 
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‘‘(5) any tracking efforts the Secretary is using 
to calculate the actual energy savings produced by 
the projects; and 
‘‘(6) any plans to improve the tracking efforts 
described in paragraph (5).’’. 
SEC. 202. COORDINATION OF RESEARCH AND DEVELOP-
MENT 
OF 
ENERGY 
EFFICIENT 
TECH-
NOLOGIES FOR INDUSTRY. 
(a) IN GENERAL.—As part of the research and devel-
opment activities of the Advanced Manufacturing Office 
of the Department of Energy, the Secretary of Energy 
shall establish, as appropriate, collaborative research and 
development partnerships with other programs within the 
Office of Energy Efficiency and Renewable Energy (in-
cluding the Building Technologies Program), the Office of 
Electricity Delivery and Energy Reliability, and the Office 
of Science that— 
(1) leverage the research and development ex-
pertise of those programs to promote early stage en-
ergy efficiency technology development; 
(2) support the use of innovative manufacturing 
processes and applied research for development, 
demonstration, and commercialization of new tech-
nologies and processes to improve efficiency, reduce 
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emissions, reduce industrial waste, and improve in-
dustrial cost-competitiveness; and 
(3) apply the knowledge and expertise of the 
Advanced Manufacturing Office to help achieve the 
program goals of the other programs. 
(b) REPORTS.—Not later than 2 years after the date 
of enactment of this Act and biennially thereafter, the Sec-
retary of Energy shall submit to Congress a report that 
describes actions taken to carry out subsection (a) and the 
results of those actions. 
SEC. 203. COMBINED HEAT AND POWER AND WASTE HEAT 
RECOVERY. 
(a) GOAL.—It is the goal of the United States to, 
not later than December 31, 2020, achieve a doubling of 
the production of electricity from combined heat and 
power and waste heat recovery in the United States from 
the current level of approximately 85 to at least 170 
gigawatts by 2020 and thereby improve the energy effi-
ciency of the industrial sector. 
(b) STRATEGIC PLAN.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and biennially 
thereafter, the Secretary of Energy (referred to in 
this section as the ‘‘Secretary’’), in cooperation with 
the heads of other appropriate Federal agencies, 
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shall transmit to the Congress and make available to 
the public a strategic plan, or update thereof, to 
achieve the national goal established under sub-
section (a). 
(2) PUBLIC INPUT AND COMMENT.—The Sec-
retary shall develop the strategic plan in a manner 
that provides appropriate opportunities for public 
input and comment. 
(3) PLAN
CONTENTS.—The strategic plan 
shall— 
(A) establish policy priorities and identify 
requirements to ensure compliance with the na-
tional goal established under subsection (a); 
(B) include estimates for achievable in-
creases in combined heat and power and waste 
heat recovery production and for energy savings 
that will be achieved by those increases; and 
(C) include data collection and compilation 
methodologies used to establish baselines and 
document energy savings data. 
(4) PLAN UPDATES.— 
(A) INCLUSION IN NATIONAL ENERGY POL-
ICY
PLAN.—The Secretary shall include each 
updated strategic plan in the National Energy 
Policy Plan required by section 801 of the De-
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partment of Energy Organization Act (42 
U.S.C. 7321). 
(B) CONTENTS.—In updating the strategic 
plan, the Secretary shall— 
(i) report on progress made toward 
implementing combined heat and power 
and waste heat recovery policies to achieve 
the national goal established under sub-
section (a); and 
(ii) verify, to the maximum extent 
practicable, energy savings resulting from 
those policies. 
Æ 
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