datamatters24/research-document-archive huggingface dataset:
652 
cause district energy systems provide a means of de-
livering thermal energy from CHP to a substantial 
base of end users. 
(8) District energy systems help cut peak power 
demand and reduce power transmission and distribu-
tion system constraints by meeting air conditioning 
demand through delivery of chilled water produced 
with CHP-generated heat or other energy sources, 
shifting power demand through thermal storage, 
and, with CHP, generating power near load centers. 
(9) Evaluation and implementation of sustain-
able energy infrastructure is a complex undertaking 
involving a variety of technical, economic, legal, and 
institutional issues and barriers, and technical as-
sistance is often required to successfully navigate 
these barriers. 
(10) The major constraint to significant expan-
sion of sustainable energy infrastructure by institu-
tional entities is a lack of capital funding for imple-
mentation. 
SEC. 9073. DEFINITIONS. 
For purposes of this part— 
(1) the term ‘‘CHP’’ means combined heat and 
power, or the generation of electric energy and heat 
in a single, integrated system; 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00652
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
653 
(2) the term ‘‘district energy systems’’ means 
systems providing thermal energy to buildings and 
other energy consumers from one or more plants to 
individual buildings to provide space heating, air 
conditioning, domestic hot water, industrial process 
energy, and other end uses; 
(3) the term ‘‘institutional entities’’ means local 
governments, public school districts, municipal utili-
ties, State governments, Federal agencies, and other 
entities established by local, State, or Federal agen-
cies to meet public purposes, and public or private 
colleges, universities, airports, and hospitals; 
(4) the term ‘‘renewable thermal energy 
sources’’ means non-fossil-fuel energy sources, in-
cluding biomass, geothermal, solar, natural sources 
of cooling such as cold lake or ocean water, and 
other sources that can provide heating or cooling en-
ergy; 
(5) the term ‘‘sustainable energy infrastruc-
ture’’ means facilities for production of energy from 
CHP or renewable thermal energy sources and dis-
tribution of thermal energy to users; and 
(6) the term ‘‘thermal energy’’ means heating 
or cooling energy in the form of hot water or steam 
(heating energy) or chilled water (cooling energy). 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00653
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
654 
SEC. 9074. TECHNICAL ASSISTANCE PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Energy 
shall, with funds appropriated for this purpose, implement 
a program of information dissemination and technical as-
sistance to institutional entities to assist them in identi-
fying, evaluating, designing, and implementing sustainable 
energy infrastructure. 
(b) INFORMATION DISSEMINATION.—The Secretary 
shall develop and disseminate information and assessment 
tools addressing— 
(1) identification of opportunities for sustain-
able energy infrastructure; 
(2) technical and economic characteristics of 
sustainable energy infrastructure; 
(3) utility interconnection, and negotiation of 
power and fuel contracts; 
(4) financing alternatives; 
(5) permitting and siting issues; 
(6) case studies of successful sustainable energy 
infrastructure systems; and 
(7) computer software for assessment, design, 
and operation and maintenance of sustainable en-
ergy infrastructure systems. 
(c) ELIGIBLE COSTS.—Upon application by an insti-
tutional entity, the Secretary may make grants to such 
applicant to fund— 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00654
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
655 
(1) 75 percent of the cost of feasibility studies 
to assess the potential for implementation or im-
provement of sustainable energy infrastructure; 
(2) 60 percent of the cost of guidance on over-
coming barriers to project implementation, including 
financial, contracting, siting, and permitting bar-
riers; and 
(3) 45 percent of the cost of detailed engineer-
ing and design of sustainable energy infrastructure. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$15,000,000 for fiscal year 2008, $15,000,000 for fiscal 
year 2009, and $15,000,000 for fiscal year 2010. 
SEC. 9075. REVOLVING FUND. 
(a) ESTABLISHMENT.—The Secretary of Energy 
shall, with funds appropriated for this purpose, create a 
Sustainable Institutions Revolving Fund for the purpose 
of establishing and operating a Sustainable Institutions 
Revolving Fund (in this section referred to as the 
‘‘SIRF’’) for the purpose of providing loans for the con-
struction or improvement of sustainable energy infrastruc-
ture to serve institutional entities. 
(b) ELIGIBLE COSTS.—A loan provided from the 
SIRF shall be for no more than 70 percent of the total 
capital costs of a project, and shall not exceed 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00655
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
656 
$15,000,000. Such loans shall be for constructing sustain-
able energy infrastructure, including— 
(1) plant facilities used for producing thermal 
energy, electricity, or both; 
(2) facilities for storing thermal energy; 
(3) facilities for distribution of thermal energy; 
and 
(4) costs for converting buildings to use ther-
mal energy from sustainable energy sources. 
(c) QUALIFICATIONS.—Loans from the SIRF may be 
made to institutional entities for projects meeting the 
qualifications and conditions established by the Secretary, 
including the following minimum qualifications: 
(1) The project shall be technically and eco-
nomically feasible as determined by a detailed feasi-
bility analysis performed or corroborated by an inde-
pendent consultant. 
(2) The borrower shall demonstrate that ade-
quate and comparable financing was not found to be 
reasonably available from other sources, and that 
the project is economically more feasible with the 
availability of the SIRF loan. 
(3) The borrower shall obtain commitments for 
the remaining capital required to implement the 
project, contingent on approval of the SIRF loan. 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00656
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
657 
(4) The borrower shall provide to the Secretary 
reasonable assurance that all laborers and mechanics 
employed by contractors or subcontractors in the 
performance of construction work financed in whole 
or in part with a loan provided under this section 
will be paid wages at rates not less than those pre-
vailing on similar work in the locality as determined 
by the Secretary of Labor in accordance with sub-
chapter IV of chapter 31 of title 40, United States 
Code (commonly referred to as the Davis-Bacon 
Act). 
(d) FINANCING TERMS.—(1) Interest on a loan under 
this section may be a fixed rate or floating rate, and shall 
be equal to the Federal cost of funds consistent with the 
loan type and term, minus 1.5 percent. 
(2) Interest shall accrue from the date of the loan, 
but the first payment of interest shall be deferred, if de-
sired by the borrower, for a period ending not later than 
3 years after the initial date of operation of the system. 
(3) Interest attributable to the period of deferred 
payment shall be amortized over the remainder of the loan 
term. 
(4) Principal shall be repaid on a schedule established 
at the time the loan is made. Such payments shall begin 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00657
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
658 
not later than 3 years after the initial date of operation 
of the system. 
(5) Loans made from the SIRF shall be repayable 
over a period ending not more than 20 years after the 
date the loan is made. 
(6) Loans shall be prepayable at any time without 
penalty. 
(7) SIRF loans shall be subordinate to other loans 
for the project. 
(e) FUNDING CYCLES.—Applications for loans from 
the SIRF shall be received on a periodic basis at least 
semiannually. 
(f) APPLICATION OF REPAYMENTS FOR DEFICIT RE-
DUCTION.—Loans from the SIRF shall be made, with 
funds available for this purpose, during the 10 years start-
ing from the date that the first loan from the fund is 
made. Until this 10-year period ends, funds repaid by bor-
rowers shall be deposited in the SIRF to be made available 
for additional loans. Once loans from the SIRF are no 
longer being made, repayments shall go directly into the 
United States Treasury. 
(g) PRIORITIES.—In evaluating projects for funding, 
priority shall be given to projects which— 
(1) maximize energy efficiency; 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00658
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
659 
(2) minimize environmental impacts, including 
from regulated air pollutants, greenhouse gas emis-
sions, and the use of refrigerants known to cause 
ozone depletion; 
(3) use renewable energy resources; 
(4) maximize oil displacement; and 
(5) benefit economically-depressed areas. 
(h) REGULATIONS.—Not later than one year after 
the date of enactment of this Act, the Secretary of Energy 
shall develop a plan and adopt rules and procedures for 
establishing and operating the SIRF. 
(i) PROGRAM REVIEW.—Every two years the Sec-
retary shall report to the Congress on the status and 
progress of the SIRF. 
(j) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$250,000,000 for fiscal year 2008 and $500,000,000 for 
each of the fiscal years 2009 through 2012. 
SEC. 9076. REAUTHORIZATION OF STATE ENERGY PRO-
GRAMS. 
Section 365(f) of the Energy Policy and Conservation 
Act (42 U.S.C. 6325(f)) is amended by striking 
‘‘$100,000,000 for each of the fiscal years 2006 and 2007 
and $125,000,000 for fiscal year 2008’’ and inserting 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00659
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
660 
‘‘$125,000,000 for each of the fiscal years 2007, 2008, 
2009, 2010, 2011, and 2012’’. 
PART 7—ENERGY SAVINGS PERFORMANCE 
CONTRACTING 
SEC. 9081. DEFINITION OF ENERGY SAVINGS. 
Section 804(2) of the National Energy Conservation 
Policy Act (42 U.S.C. 8287c(2)) is amended— 
(1) by redesignating subparagraphs (A), (B), 
and (C) as clauses (i), (ii), and (iii), respectively, 
and indenting appropriately; 
(2) by striking ‘‘means a reduction’’ and insert-
ing ‘‘means— 
‘‘(A) a reduction’’; 
(3) by striking the period at the end and insert-
ing a semicolon; and 
(4) by adding at the end the following: 
‘‘(B) the increased efficient use of an exist-
ing energy source by cogeneration or heat re-
covery, and installation of renewable energy sys-
tems; 
‘‘(C) if otherwise authorized by Federal or 
State law (including regulations), the sale or 
transfer of electrical or thermal energy gen-
erated onsite but in excess of Federal needs, to 
utilities or non-Federal energy users; and 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00660
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
661 
‘‘(D) the increased efficient use of existing 
water sources in interior or exterior applica-
tions.’’. 
SEC. 9082. FINANCING FLEXIBILITY. 
Section 801(a)(2) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8287(a)(2)) is amended by add-
ing at the end the following: 
‘‘(E) SEPARATE CONTRACTS.—In carrying out a con-
tract under this title, a Federal agency may— 
‘‘(i) enter into a separate contract for energy 
services and conservation measures under the con-
tract; and 
‘‘(ii) provide all or part of the financing nec-
essary to carry out the contract.’’. 
SEC. 9083. AUTHORITY TO ENTER INTO CONTRACTS; RE-
PORTS. 
(a) AUTHORITY TO ENTER INTO CONTRACTS.—Sec-
tion 801(a)(2)(D) of the National Energy Conservation 
Policy Act (42 U.S.C. 8287(a)(2)(D)) is amended— 
(1) in clause (ii), by inserting ‘‘and’’ after the 
semicolon at the end; 
(2) by striking clause (iii); and 
(3) by redesignating clause (iv) as clause (iii). 
(b) REPORTS.—Section 548(a)(2) of the National 
Energy Conservation Policy Act (42 U.S.C. 8258(a)(2)) 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00661
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
662 
is amended by inserting ‘‘and any termination penalty ex-
posure’’ after ‘‘the energy and cost savings that have re-
sulted from such contracts’’. 
(c) CONFORMING AMENDMENT.—Section 2913 of 
title 10, United States Code is amended by striking sub-
section (e). 
SEC. 9084. PERMANENT REAUTHORIZATION. 
Section 801 of the National Energy Conservation 
Policy Act (42 U.S.C. 8287) is amended by striking sub-
section (c). 
SEC. 9085. TRAINING FEDERAL CONTRACTING OFFICERS 
TO NEGOTIATE ENERGY EFFICIENCY CON-
TRACTS. 
(a) PROGRAM.—The Secretary of Energy shall create 
and administer in the Federal Energy Management Pro-
gram a training program to educate Federal contract ne-
gotiation and contract management personnel so that such 
contract officers are prepared to— 
(1) negotiate energy savings performance con-
tracts; 
(2) conclude effective and timely contracts for 
energy efficiency services with all companies offering 
energy efficiency services; and 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00662
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
663 
(3) review Federal contracts for all products 
and services for their potential energy efficiency op-
portunities and implications. 
(b) SCHEDULE.—The Federal Energy Management 
Program shall plan, staff, announce, and begin such train-
ing not later than one year after the date of enactment 
of this Act. 
(c) PERSONNEL TO BE TRAINED.—Personnel appro-
priate to receive such training shall be selected by and sent 
for such training from— 
(1) the Department of Defense; 
(2) the Department of Veterans Affairs; 
(3) the Department of Energy; 
(4) the General Services Administration; 
(5) the Department of Housing and Urban De-
velopment; 
(6) the United States Postal Service; and 
(7) all other Federal agencies and departments 
that enter contracts for buildings, building services, 
electricity and electricity services, natural gas and 
natural gas services, heating and air conditioning 
services, building fuel purchases, and other types of 
procurement or service contracts determined by Fed-
eral Energy Management Program to offer the po-
tential for energy savings and greenhouse gas emis-
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00663
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
664 
sion reductions if negotiated with such goals in 
mind. 
(d) TRAINERS.—Such training may be conducted by 
attorneys or contract officers with experience in negoti-
ating and managing such contracts from any agency, and 
the Department of Energy shall reimburse their related 
salaries and expenses from amounts appropriated for car-
rying out this section to the extent they are not already 
employees of the Department of Energy. Such training 
may also be provided by private experts hired by the De-
partment of Energy for the purposes of this section, except 
that the Department may not hire experts who are simul-
taneously employed by any company under contract to 
provide such energy efficiency services to the Federal Gov-
ernment. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of En-
ergy for carrying out this section $750,000 for each of 
fiscal years 2008 through 2012. 
SEC. 9086. PROMOTING LONG-TERM ENERGY SAVINGS PER-
FORMANCE CONTRACTS AND VERIFYING SAV-
INGS. 
Section 801(a)(2) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8287(a)(2)) is amended— 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00664
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
665 
(1) in subparagraph (D), by inserting ‘‘begin-
ning on the date of the delivery order’’ after ‘‘25 
years’’; and 
(2) by adding at the end the following: 
‘‘(F) PROMOTION OF CONTRACTS.—In carrying out 
this section, a Federal agency shall not— 
‘‘(i) establish a Federal agency policy that lim-
its the maximum contract term under subparagraph 
(D) to a period shorter than 25 years; or 
‘‘(ii) limit the total amount of obligations under 
energy savings performance contracts or other pri-
vate financing of energy savings measures. 
‘‘(G) MEASUREMENT AND VERIFICATION REQUIRE-
MENTS FOR PRIVATE FINANCING.— 
‘‘(i) IN GENERAL.—The evaluations and savings 
measurement and verification required under para-
graphs (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 perform-
ance contracts, the need for energy audits, cal-
culation of energy savings, and any other eval-
uation of costs and savings needed to imple-
ment the guarantee of savings under this sec-
tion; and 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00665
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
666 
‘‘(II) in the case of utility energy service 
contracts, needs that are similar to the pur-
poses described in subclause (I). 
‘‘(ii) 
MODIFICATION
OF
EXISTING
CON-
TRACTS.—Not later than 180 days after the date of 
enactment of this subparagraph, each Federal agen-
cy shall, to the maximum extent practicable, modify 
any indefinite delivery and indefinite quantity energy 
savings performance contracts, and other indefinite 
delivery and indefinite quantity contracts using pri-
vate financing, to conform to the amendments made 
by subtitle G of title I of the Energy Efficiency Im-
provement Act of 2007.’’. 
PART 8—ADVISORY COMMITTEE ON ENERGY 
EFFICIENCY FINANCING 
SEC. 9089. ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—The Assistant Secretary of 
Energy for Energy Efficiency and Renewable Energy shall 
establish an advisory committee to provide advice and rec-
ommendations to the Department of Energy on energy ef-
ficiency finance and investment issues, options, ideas, and 
trends, and to assist the energy community in identifying 
practical ways of lowering costs and increasing invest-
ments in energy efficiency technologies. 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00666
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
667 
(b) MEMBERSHIP.—The advisory committee estab-
lished under this section shall have a balanced membership 
that shall include members representing the following 
communities: 
(1) Providers of seed capital. 
(2) Venture capitalists. 
(3) Private equity sources. 
(4) Investment banking corporate finance. 
(5) Investment banking mergers and acquisi-
tions. 
(6) Equity capital markets. 
(7) Debt capital markets. 
(8) Research analysts. 
(9) Sales and trading. 
(10) Commercial lenders. 
(11) Residential lenders. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to the Secretary of Energy for carrying out this 
section. 
PART 9—ENERGY EFFICIENCY BLOCK GRANT 
PROGRAM 
SEC. 9091. DEFINITIONS. 
For purposes of this part— 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00667
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
668 
(1) the term ‘‘eligible entity’’ means a State or 
an eligible unit of local government within a State; 
(2) the term ‘‘eligible unit of local government’’ 
means— 
(A) a city with a population of at least 
50,000; and 
(B) a county with a population of at least 
200,000; 
(3) the term ‘‘Secretary’’ means the Secretary 
of Energy; and 
(4) the term ‘‘State’’ means one of the 50 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, American Samoa, the United 
States Virgin Islands, the Commonwealth of the 
Northern Mariana Islands, and any other common-
wealth, territory, or possession of the United States. 
SEC. 9092. ESTABLISHMENT OF PROGRAM. 
The Secretary shall establish an Energy Efficiency 
Block Grant Program to make block grants to eligible en-
tities as provided in this part. 
SEC. 9093. ALLOCATIONS. 
(a) IN GENERAL.—Of the funds appropriated for 
making grants under this part for each fiscal year, the 
Secretary shall allocate 70 percent to be provided to eligi-
ble units of local government as provided in subsection (b) 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00668
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
669 
and 30 percent to be provided to States as provided in 
subsection (c). 
(b) ELIGIBLE UNITS OF LOCAL GOVERNMENT.—The 
Secretary shall provide grants to eligible units of local gov-
ernment according to a formula giving equal weight to— 
(1) population, according to the most recent 
available Census data; and 
(2) daytime population, or another similar fac-
tor such as square footage of commercial, office, and 
industrial space, as determined by the Secretary. 
(c) STATES.—The Secretary shall provide grants to 
States according to a formula based on population, accord-
ing to the most recent available Census data. 
(d) PUBLICATION OF ALLOCATION FORMULAS.—Not 
later than 90 days before the beginning of any fiscal year 
in which grants are to made under this part, the Secretary 
shall publish in the Federal Register the formulas for allo-
cation described in subsection (b)(1) and (b)(2). 
SEC. 9094. ELIGIBLE ACTIVITIES. 
Funds provided through a grant under this part may 
be used for the following activities: 
(1) Development and implementation of an En-
ergy Efficiency Strategy under section 9095. 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00669
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS
670 
(2) Retaining technical consultant services to 
assist an eligible entity in the development of such 
Strategy, including— 
(A) formulation of energy efficiency, en-
ergy conservation, and energy usage goals; 
(B) identification of strategies to meet 
such goals through efforts to increase energy ef-
ficiency and reduce energy consumption; 
(C) identification of strategies to encour-
age behavioral changes among the populace 
that will help achieve such goals; 
(D) development of methods to measure 
progress in achieving such goals; 
(E) development and preparation of annual 
reports to the citizenry of the eligible entity’s 
energy efficiency strategies and goals, and 
progress in achieving them; and 
(F) other services to assist in the imple-
mentation of the Energy Efficiency Strategy. 
(3) Conducting energy audits. 
(4) Development and implementation of weath-
erization programs. 
(5) Creation of financial incentive programs for 
energy efficiency retrofits, including zero-interest or 
low-interest revolving loan funds. 
VerDate Aug 31 2005 
04:34 Jul 31, 2007
Jkt 059200
PO 00000
Frm 00670
Fmt 6652
Sfmt 6201
E:\BILLS\H3221.IH
H3221
bajohnson on PROD1PC71 with BILLS