‘‘(2) INDUSTRIAL RESEARCH AND ASSESSMENT 
CENTER.—The term ‘industrial research and assess-
ment center’ means— 
‘‘(A) an institution of higher education- 
based industrial research and assessment center 
that is funded by the Secretary under sub-
section (b); and 
‘‘(B) an industrial research and assess-
ment center at a trade school, community col-
lege, or union training program that is funded 
by the Secretary under subsection (f). 
‘‘(b) INSTITUTION OF HIGHER EDUCATION-BASED 
INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
funding to institution of higher education-based in-
dustrial research and assessment centers. 
‘‘(2) PURPOSE.—The purpose of each institu-
tion of higher education-based industrial research 
and assessment center shall be— 
‘‘(A) to identify opportunities for opti-
mizing energy efficiency and environmental per-
formance, including implementation of— 
‘‘(i) smart manufacturing; 
‘‘(ii) energy management systems; 
‘‘(iii) sustainable manufacturing; and
‘‘(iv) information technology advance-
ments for supply chain analysis, logistics, 
system monitoring, industrial and manu-
facturing processes, and other purposes; 
‘‘(B) to promote applications of emerging 
concepts and technologies in small- and me-
dium-sized manufacturers (including water and 
wastewater treatment facilities and federally 
owned manufacturing facilities); 
‘‘(C) to promote research and development 
for the use of alternative energy sources to sup-
ply heat, power, and new feedstocks for energy- 
intensive industries; 
‘‘(D) to coordinate with appropriate Fed-
eral and State research offices; 
‘‘(E) to provide a clearinghouse for indus-
trial process and energy efficiency technical as-
sistance resources; and 
‘‘(F) to coordinate with State-accredited 
technical training centers and community col-
leges, while ensuring appropriate services to all 
regions of the United States. 
‘‘(c) COORDINATION.—To increase the value and ca-
pabilities of the industrial research and assessment cen-
ters, the centers shall—
‘‘(1) coordinate with Manufacturing Extension 
Partnership Centers of the National Institute of 
Standards and Technology; 
‘‘(2) coordinate with the Federal Energy Man-
agement Program and the Building Technologies 
Program of the Department of Energy to provide 
building assessment services to manufacturers; 
‘‘(3) increase partnerships with the National 
Laboratories of the Department of Energy to lever-
age the expertise, technologies, and research and de-
velopment capabilities of the National Laboratories 
for national industrial and manufacturing needs; 
‘‘(4) increase partnerships with energy service 
providers and technology providers to leverage pri-
vate sector expertise and accelerate deployment of 
new and existing technologies and processes for en-
ergy efficiency, power factor, and load management; 
‘‘(5) identify opportunities for reducing green-
house gas emissions and other air emissions; and 
‘‘(6) promote sustainable manufacturing prac-
tices for small- and medium-sized manufacturers. 
‘‘(d) OUTREACH.—The Secretary shall provide fund-
ing for— 
‘‘(1) outreach activities by the industrial re-
search and assessment centers to inform small- and
medium-sized manufacturers of the information, 
technologies, and services available; and 
‘‘(2) coordination activities by each industrial 
research and assessment center to leverage efforts 
with— 
‘‘(A) Federal and State efforts; 
‘‘(B) the efforts of utilities and energy 
service providers; 
‘‘(C) the efforts of regional energy effi-
ciency organizations; and 
‘‘(D) the efforts of other industrial re-
search and assessment centers. 
‘‘(e) CENTERS OF EXCELLENCE.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a Center of Excellence at not more than 5 
of the highest-performing industrial research and as-
sessment centers, as determined by the Secretary. 
‘‘(2) DUTIES.—A Center of Excellence shall co-
ordinate with and advise the industrial research and 
assessment centers located in the region of the Cen-
ter of Excellence, including— 
‘‘(A) by mentoring new directors and staff 
of the industrial research and assessment cen-
ters with respect to— 
‘‘(i) the availability of resources; and
‘‘(ii) best practices for carrying out 
assessments, including through the partici-
pation of the staff of the Center of Excel-
lence in assessments carried out by new in-
dustrial research and assessment centers; 
‘‘(B) by providing training to staff and 
students at the industrial research and assess-
ment centers on new technologies, practices, 
and tools to expand the scope and impact of the 
assessments carried out by the centers; 
‘‘(C) by assisting the industrial research 
and assessment centers with specialized tech-
nical opportunities, including by providing a 
clearinghouse of available expertise and tools to 
assist the centers and clients of the centers in 
assessing and implementing those opportunities; 
‘‘(D) by identifying and coordinating with 
regional, State, local, and utility energy effi-
ciency programs for the purpose of facilitating 
efforts by industrial research and assessment 
centers to connect industrial facilities receiving 
assessments from those centers with regional, 
State, local, and utility energy efficiency pro-
grams that could aid the industrial facilities in
implementing any recommendations resulting 
from the assessments; 
‘‘(E) by facilitating coordination between 
the industrial research and assessment centers 
and other Federal programs described in para-
graphs (1) through (3) of subsection (c); and 
‘‘(F) by coordinating the outreach activi-
ties of the industrial research and assessment 
centers under subsection (d)(1). 
‘‘(3) FUNDING.—Subject to the availability of 
appropriations, for each fiscal year, out of any 
amounts made available to carry out this section 
under subsection (i), the Secretary shall use not less 
than $500,000 to support each Center of Excellence. 
‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH AND AS-
SESSMENT CENTERS.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
funding to establish additional industrial research 
and assessment centers at trade schools, community 
colleges, and union training programs. 
‘‘(2) PURPOSE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), to the maximum extent practicable, 
an industrial research and assessment center 
established under paragraph (1) shall have the
same purpose as an institution of higher edu-
cation-based industrial research center that is 
funded by the Secretary under subsection 
(b)(1). 
‘‘(B) CONSIDERATION OF CAPABILITIES.— 
In evaluating or establishing the purpose of an 
industrial research and assessment center es-
tablished under paragraph (1), the Secretary 
shall take into consideration the varying capa-
bilities of trade schools, community colleges, 
and union training programs. 
‘‘(g) WORKFORCE TRAINING.— 
‘‘(1) INTERNSHIPS.—The Secretary shall pay 
the Federal share of associated internship programs 
under which students work with or for industries, 
manufacturers, and energy service providers to im-
plement the recommendations of industrial research 
and assessment centers. 
‘‘(2) APPRENTICESHIPS.—The Secretary shall 
pay the Federal share of associated apprenticeship 
programs under which— 
‘‘(A) students work with or for industries, 
manufacturers, and energy service providers to 
implement the recommendations of industrial 
research and assessment centers; and
‘‘(B) employees of facilities that have re-
ceived an assessment from an industrial re-
search and assessment center work with or for 
an industrial research and assessment center to 
gain knowledge on engineering practices and 
processes to improve productivity and energy 
savings. 
‘‘(3) FEDERAL SHARE.—The Federal share of 
the cost of carrying out internship programs de-
scribed in paragraph (1) and apprenticeship pro-
grams described in paragraph (2) shall be 50 per-
cent. 
‘‘(h) SMALL BUSINESS LOANS.—The Administrator 
of the Small Business Administration shall, to the max-
imum extent practicable, expedite consideration of applica-
tions from eligible small business concerns for loans under 
the Small Business Act (15 U.S.C. 631 et seq.) to imple-
ment recommendations developed by the industrial re-
search and assessment centers. 
‘‘(i) FUNDING.—There is authorized to be appro-
priated to the Secretary to carry out this section 
$30,000,000 for each fiscal year, to remain available until 
expended.’’.
(c) CLERICAL AMENDMENTS.—The table of contents 
of the Energy Independence and Security Act of 2007 (42 
U.S.C. prec. 17001) is amended— 
(1) in the item relating to section 452, by strik-
ing ‘‘Energy-intensive industries program’’ and in-
serting ‘‘Future of industry program’’; and 
(2) by adding at the end of the items relating 
to subtitle D of title IV the following: 
‘‘Sec. 454. Industrial research and assessment centers.’’. 
SEC. 1203. SUSTAINABLE MANUFACTURING INITIATIVE. 
(a) IN GENERAL.—Part E of title III of the Energy 
Policy and Conservation Act (42 U.S.C. 6341 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. 
‘‘(a) IN GENERAL.—As part of the Office of Energy 
Efficiency and Renewable Energy of the Department of 
Energy, the Secretary, on the request of a manufacturer, 
shall carry out onsite technical assessments to identify op-
portunities for— 
‘‘(1) maximizing the energy efficiency of indus-
trial processes and cross-cutting systems; 
‘‘(2) preventing pollution and minimizing waste; 
‘‘(3) improving efficient use of water in manu-
facturing processes; 
‘‘(4) conserving natural resources; and
‘‘(5) achieving such other goals as the Secretary 
determines to be appropriate. 
‘‘(b) 
COORDINATION.—To 
implement 
any 
rec-
ommendations resulting from an onsite technical assess-
ment carried out under subsection (a) and to accelerate 
the adoption of new and existing technologies and proc-
esses that improve energy efficiency, the Secretary shall 
coordinate with— 
‘‘(1) the Advanced Manufacturing Office of the 
Department of Energy; 
‘‘(2) the Building Technologies Office of the 
Department of Energy; 
‘‘(3) the Federal Energy Management Program 
of the Department of Energy; and 
‘‘(4) the private sector and other appropriate 
agencies, including the National Institute of Stand-
ards and Technology. 
‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM FOR 
SUSTAINABLE MANUFACTURING AND INDUSTRIAL TECH-
NOLOGIES AND PROCESSES.—As part of the industrial ef-
ficiency programs of the Department of Energy, the Sec-
retary shall carry out a joint industry-government partner-
ship program to research, develop, and demonstrate new 
sustainable manufacturing and industrial technologies and
processes that maximize the energy efficiency of industrial 
plants, reduce pollution, and conserve natural resources.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Energy Policy and Conservation Act (42 U.S.C. 
prec. 6201) is amended by adding at the end of the items 
relating to part E of title III the following: 
‘‘Sec. 376. Sustainable manufacturing initiative.’’. 
SEC. 1204. CONFORMING AMENDMENTS. 
(a) Section 106 of the Energy Policy Act of 2005 (42 
U.S.C. 15811) and the item relating to such section in 
the table of contents of such Act are repealed. 
(b) Sections 131, 132, 133, 2103, and 2107 of the 
Energy Policy Act of 1992 (42 U.S.C. 6348, 6349, 6350, 
13453, 13456) and the items relating to such section in 
the table of contents of such Act are repealed. 
(c) Section 2101(a) of the Energy Policy Act of 1992 
(42 U.S.C. 13451(a)) is amended in the third sentence 
by striking ‘‘sections 2102, 2103, 2104, 2105, 2106, 
2107, and 2108’’ and inserting ‘‘sections 2102, 2104, 
2105, 2106, and 2108 of this Act and section 376 of the 
Energy Policy and Conservation Act,’’. 
PART 2—EXTENDED PRODUCT SYSTEM REBATE 
PROGRAM 
SEC. 1211. EXTENDED PRODUCT SYSTEM REBATE PRO-
GRAM. 
(a) DEFINITIONS.—In this section:
(1) ELECTRIC
MOTOR.—The term ‘‘electric 
motor’’ has the meaning given the term in section 
431.12 of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this Act). 
(2) ELECTRONIC CONTROL.—The term ‘‘elec-
tronic control’’ means— 
(A) a power converter; or 
(B) a combination of a power circuit and 
control circuit included on 1 chassis. 
(3) EXTENDED PRODUCT SYSTEM.—The term 
‘‘extended product system’’ means an electric motor 
and any required associated electronic control and 
driven load that— 
(A) offers variable speed or multispeed op-
eration; 
(B) offers partial load control that reduces 
input energy requirements (as measured in kilo-
watt-hours) as compared to identified base lev-
els set by the Secretary of Energy; and 
(C)(i) has greater than 1 horsepower; and 
(ii) uses an extended product system tech-
nology, as determined by the Secretary of En-
ergy. 
(4) QUALIFIED
EXTENDED
PRODUCT
SYS-
TEM.—
(b) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Energy 
shall establish a program to provide rebates for expendi-
tures made by qualified entities for the purchase or instal-
lation of a qualified extended product system. 
(c) QUALIFIED ENTITIES.— 
(1) ELIGIBILITY REQUIREMENTS.—A qualified 
entity under this section shall be— 
(A) in the case of a qualified extended 
product 
system 
described 
in 
subsection 
(a)(4)(A), the purchaser of the qualified ex-
tended product that is installed; and 
(B) in the case of a qualified extended 
product 
system 
described 
in 
subsection 
(a)(4)(B), the manufacturer of the commercial 
or industrial machinery or equipment that in-
corporated the extended product system into 
that machinery or equipment. 
(2) APPLICATION.—To be eligible to receive a 
rebate under this section, a qualified entity shall 
submit to the Secretary of Energy— 
(A) an application in such form, at such 
time, and containing such information as the 
Secretary of Energy may require; and
(B) a certification that includes dem-
onstrated evidence— 
(i) that the entity is a qualified entity; 
and 
(ii)(I) in the case of a qualified entity 
described in paragraph (1)(A)— 
(aa) that the qualified entity in-
stalled the qualified extended product 
system during the 2 fiscal years fol-
lowing the date of enactment of this 
Act; 
(bb) that the qualified extended 
product system meets the require-
ments of subsection (a)(4)(A); and 
(cc) showing the serial number, 
manufacturer, and model number 
from the nameplate of the installed 
motor of the qualified entity on which 
the qualified extended product system 
was installed; or 
(II) in the case of a qualified entity 
described 
in 
paragraph 
(1)(B), 
dem-
onstrated evidence—
(aa) that the qualified extended 
product system meets the require-
ments of subsection (a)(4)(B); and 
(bb) showing the serial number, 
manufacturer, and model number 
from the nameplate of the installed 
motor of the qualified entity with 
which the extended product system is 
integrated. 
(d) AUTHORIZED AMOUNT OF REBATE.— 
(1) IN
GENERAL.—The Secretary of Energy 
may provide to a qualified entity a rebate in an 
amount equal to the product obtained by multi-
plying— 
(A) an amount equal to the sum of the 
nameplate rated horsepower of— 
(i) the electric motor to which the 
qualified extended product system is at-
tached; and 
(ii) the electronic control; and 
(B) $25. 
(2) MAXIMUM AGGREGATE AMOUNT.—A quali-
fied entity shall not be entitled to aggregate rebates 
under this section in excess of $25,000 per calendar 
year.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000 for each of the first 2 full fiscal years following 
the date of enactment of this Act, to remain available until 
expended. 
PART 3—TRANSFORMER REBATE PROGRAM 
SEC. 1221. ENERGY EFFICIENT TRANSFORMER REBATE 
PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) QUALIFIED
ENERGY
EFFICIENT
TRANS-
FORMER.—The term ‘‘qualified energy efficient 
transformer’’ means a transformer that meets or ex-
ceeds the applicable energy conservation standards 
described in the tables in subsection (b)(2) and 
paragraphs (1) and (2) of subsection (c) of section 
431.196 of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this Act). 
(2) QUALIFIED ENERGY INEFFICIENT TRANS-
FORMER.—The term ‘‘qualified energy inefficient 
transformer’’ means a transformer with an equal 
number of phases and capacity to a transformer de-
scribed in any of the tables in subsection (b)(2) and 
paragraphs (1) and (2) of subsection (c) of section 
431.196 of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this Act) 
that— 
(A) does not meet or exceed the applicable 
energy conservation standards described in 
paragraph (1); and 
(B)(i) was manufactured between January 
1, 1987, and December 31, 2008, for a trans-
former with an equal number of phases and ca-
pacity as a transformer described in the table 
in subsection (b)(2) of section 431.196 of title 
10, Code of Federal Regulations (as in effect on 
the date of enactment of this Act); or 
(ii) was manufactured between January 1, 
1992, and December 31, 2011, for a trans-
former with an equal number of phases and ca-
pacity as a transformer described in the table 
in paragraph (1) or (2) of subsection (c) of that 
section (as in effect on the date of enactment 
of this Act). 
(3) QUALIFIED ENTITY.—The term ‘‘qualified 
entity’’ means an owner of industrial or manufac-
turing facilities, commercial buildings, or multifamily 
residential buildings, a utility, or an energy service 
company that fulfills the requirements of subsection 
(d).
(b) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of Energy 
shall establish a program to provide rebates to qualified 
entities for expenditures made by the qualified entity for 
the replacement of a qualified energy inefficient trans-
former with a qualified energy efficient transformer. 
(c) REQUIREMENTS.—To be eligible to receive a re-
bate under this section, an entity shall submit to the Sec-
retary of Energy an application in such form, at such 
time, and containing such information as the Secretary 
of Energy may require, including demonstrated evidence— 
(1) that the entity purchased a qualified energy 
efficient transformer; 
(2) of the core loss value of the qualified energy 
efficient transformer; 
(3) of the age of the qualified energy inefficient 
transformer being replaced; 
(4) of the core loss value of the qualified energy 
inefficient transformer being replaced— 
(A) as measured by a qualified professional 
or verified by the equipment manufacturer, as 
applicable; or 
(B) for transformers described in sub-
section (a)(2)(B)(i), as selected from a table of 
default values as determined by the Secretary
$5,000,000 for each of fiscal years 2021 and 2022, to re-
main available until expended. 
(f) TERMINATION OF EFFECTIVENESS.—The author-
ity provided by this section terminates on December 31, 
2022. 
Subtitle C—Federal Agency Energy 
Efficiency 
SEC. 1301. ENERGY-EFFICIENT AND ENERGY-SAVING IN-
FORMATION TECHNOLOGIES. 
(a) IN GENERAL.—Subtitle C of title V of the Energy 
Independence and Security Act of 2007 (Public Law 110– 
140; 121 Stat. 1661) is amended by adding at the end 
the following: 
‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR-
MATION TECHNOLOGIES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Management and Budg-
et. 
‘‘(2) INFORMATION
TECHNOLOGY.—The term 
‘information technology’ has the meaning given that 
term in section 11101 of title 40, United States 
Code. 
‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT-
EGY.—Not later than 1 year after the date of enactment
of this section, each Federal agency shall coordinate with 
the Director, the Secretary, and the Administrator of the 
Environmental Protection Agency to develop an implemen-
tation strategy (that includes best practices and measure-
ment and verification techniques) for the maintenance, 
purchase, and use by the Federal agency of energy-effi-
cient and energy-saving information technologies at or for 
federally owned and operated facilities, taking into consid-
eration the performance goals established under sub-
section (d). 
‘‘(c) ADMINISTRATION.—In developing an implemen-
tation strategy under subsection (b), each Federal agency 
shall consider— 
‘‘(1) advanced metering infrastructure; 
‘‘(2) energy-efficient data center strategies and 
methods of increasing asset and infrastructure utili-
zation; 
‘‘(3) advanced power management tools; 
‘‘(4) building information modeling, including 
building energy management; 
‘‘(5) secure telework and travel substitution 
tools; and 
‘‘(6) mechanisms to ensure that the agency re-
alizes the energy cost savings brought about through 
increased efficiency and utilization.
‘‘(d) PERFORMANCE GOALS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this section, the Di-
rector, in consultation with the Secretary, shall es-
tablish performance goals for evaluating the efforts 
of Federal agencies in improving the maintenance, 
purchase, and use of energy-efficient and energy-sav-
ing information technology at or for federally owned 
and operated facilities. 
‘‘(2) BEST PRACTICES.—The Chief Information 
Officers Council established under section 3603 of 
title 44, United States Code, shall recommend best 
practices for the attainment of the performance 
goals, which shall include Federal agency consider-
ation of, to the extent applicable by law, the use 
of— 
‘‘(A) energy savings performance con-
tracting; and 
‘‘(B) utility energy services contracting. 
‘‘(e) REPORTS.— 
‘‘(1) AGENCY REPORTS.—Each Federal agency 
shall include in the report of the agency under sec-
tion 527 a description of the efforts and results of 
the agency under this section.
‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS 
AND
SCORECARDS.—Effective beginning not later 
than October 1, 2021, the Director shall include in 
the annual report and scorecard of the Director re-
quired under section 528 a description of the efforts 
and results of Federal agencies under this section.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Independence and Security Act of 
2007 is amended by adding after the item relating to sec-
tion 529 the following: 
‘‘Sec. 530. Energy-efficient and energy-saving information technologies.’’. 
SEC. 1302. ENERGY EFFICIENT DATA CENTERS. 
Section 453 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17112) is amended— 
(1) in subsection (b)— 
(A) in paragraph (2)(D)(iv), by striking 
‘‘determined by the organization’’ and inserting 
‘‘proposed by the stakeholders’’; and 
(B) by striking paragraph (3); and 
(2) by striking subsections (c) through (g) and 
inserting the following: 
‘‘(c) STAKEHOLDER INVOLVEMENT.—The Secretary 
and the Administrator shall carry out subsection (b) in 
collaboration with information technology industry and 
other key stakeholders, with the goal of producing results 
that accurately reflect the most relevant and useful infor-
mation. In such collaboration, the Secretary and the Ad-
ministrator shall pay particular attention to organizations 
that— 
‘‘(1) have members with expertise in energy ef-
ficiency and in the development, operation, and 
functionality of data centers, information technology 
equipment, and software, such as representatives of 
hardware manufacturers, data center operators, and 
facility managers; 
‘‘(2) obtain and address input from Department 
of Energy National Laboratories or any college, uni-
versity, research institution, industry association, 
company, or public interest group with applicable ex-
pertise; 
‘‘(3) follow— 
‘‘(A) commonly accepted procedures for 
the development of specifications; and 
‘‘(B) accredited standards development 
processes; and 
‘‘(4) have a mission to promote energy effi-
ciency for data centers and information technology. 
‘‘(d) MEASUREMENTS
AND SPECIFICATIONS.—The 
Secretary and the Administrator shall consider and assess 
the adequacy of the specifications, measurements, best 
practices, and benchmarks described in subsection (b) for
use by the Federal Energy Management Program, the En-
ergy Star Program, and other efficiency programs of the 
Department of Energy or the Environmental Protection 
Agency. 
‘‘(e) STUDY.—The Secretary, in collaboration with 
the Administrator, shall, not later than 4 years after the 
date of enactment of the Clean Economy Jobs and Innova-
tion Act, make available to the public an update to the 
report of the Lawrence Berkeley National Laboratory en-
titled ‘United States Data Center Energy Usage Report’ 
and dated June, 2016 (prepared as an update to the Re-
port to Congress on Server and Data Center Energy Effi-
ciency, published on August 2, 2007, under section 1 of 
Public Law 109–431 (120 Stat. 2920)), that includes— 
‘‘(1) a comparison and gap analysis of the esti-
mates and projections contained in the report with 
new data regarding the period from 2015 through 
2020; 
‘‘(2) an analysis considering the impact of in-
formation technologies, including virtualization and 
cloud computing, in the public and private sectors; 
‘‘(3) an evaluation of the impact of the com-
bination of cloud platforms, mobile devices, social 
media, and big data on data center energy usage;
‘‘(4) an evaluation of water usage in data cen-
ters and recommendations for reductions in such 
water usage; and 
‘‘(5) updated projections and recommendations 
for best practices through fiscal year 2025. 
‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO-
GRAM.—The Secretary, in collaboration with key stake-
holders and the Director of the Office of Management and 
Budget, shall maintain a data center energy practitioner 
program that leads to the certification of energy practi-
tioners qualified to evaluate the energy usage and effi-
ciency opportunities in federally owned and operated data 
centers. Each Federal agency shall consider having the 
data centers of the agency evaluated every 4 years, in ac-
cordance with section 543(f) of the National Energy Con-
servation Policy Act, by energy practitioners certified pur-
suant to such program. 
‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col-
laboration with key stakeholders and the Office of Man-
agement and Budget, shall establish an open data initia-
tive relating to energy usage at federally owned and oper-
ated data centers, with the purpose of making such data 
available and accessible in a manner that encourages fur-
ther data center innovation, optimization, and consolida-
tion. In establishing the initiative, the Secretary shall con-
sider the use of the online Data Center Maturity Model. 
‘‘(h) 
INTERNATIONAL
SPECIFICATIONS
AND 
METRICS.—The Secretary, in collaboration with key 
stakeholders, shall actively participate in efforts to har-
monize global specifications and metrics for data center 
energy and water efficiency. 
‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec-
retary, in collaboration with key stakeholders, shall facili-
tate in the development of an efficiency metric that meas-
ures the energy efficiency of a data center (including 
equipment and facilities). 
‘‘(j) PROTECTION OF PROPRIETARY INFORMATION.— 
The Secretary and the Administrator shall not disclose 
any proprietary information or trade secrets provided by 
any individual or company for the purposes of carrying 
out this section or the programs and initiatives established 
under this section.’’. 
Subtitle D—Regulatory Provisions 
PART 1—FEDERAL GREEN BUILDINGS 
SEC. 1401. HIGH-PERFORMANCE GREEN FEDERAL BUILD-
INGS. 
Section 436(h) of the Energy Independence and Se-
curity Act of 2007 (42 U.S.C. 17092(h)) is amended—
(1) in the subsection heading, by striking ‘‘SYS-
TEM’’ and inserting ‘‘SYSTEMS’’; 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) IN GENERAL.—Based on an ongoing re-
view, the Federal Director shall identify and shall 
provide to the Secretary pursuant to section 
305(a)(3)(D) of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6834(a)(3)(D)) a list of 
those certification systems that the Director identi-
fies as the most likely to encourage a comprehensive 
and environmentally sound approach to certification 
of green buildings.’’; and 
(3) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘system’’ and inserting ‘‘sys-
tems’’; 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) an ongoing review provided to the 
Secretary pursuant to section 305(a)(3)(D) of 
the Energy Conservation and Production Act 
(42 U.S.C. 6834(a)(3)(D)), which shall—
‘‘(i) be carried out by the Federal Di-
rector to compare and evaluate standards; 
and 
‘‘(ii) allow any developer or adminis-
trator of a rating system or certification 
system to be included in the review;’’; 
(C) in subparagraph (E)(v), by striking 
‘‘and’’ after the semicolon at the end; 
(D) in subparagraph (F), by striking the 
period at the end and inserting a semicolon; 
and 
(E) by adding at the end the following: 
‘‘(G) a finding that, for all credits address-
ing the sourcing of grown, harvested, or mined 
materials, the system rewards the use of prod-
ucts that have obtained certifications of respon-
sible sourcing, such as certifications provided by 
the Sustainable Forestry Initiative, the Forest 
Stewardship Council, the American Tree Farm 
System, or the Programme for the Endorse-
ment of Forest Certification; and 
‘‘(H) a finding that the system incor-
porates life-cycle assessment as a credit path-
way.’’.
PART 2—ENERGY AND WATER PERFORMANCE 
REQUIREMENTS FOR FEDERAL BUILDINGS 
SEC. 1411. FEDERAL ENERGY MANAGEMENT PROGRAM. 
(a) FINDINGS.—Congress finds the following: 
(1) The Federal Government is the largest en-
ergy user in the United States. 
(2) Reducing energy and water use in Federal 
facilities— 
(A) saves taxpayer dollars; 
(B) reduces greenhouse gas emissions from 
the Federal sector; and 
(C) increases employee comfort and pro-
ductivity. 
(3) It is important for the Federal Government 
to— 
(A) develop goals for energy and water use 
reduction in Federal facilities; and 
(B) to the maximum extent practicable, 
take measures that are life cycle cost effective. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that Federal agencies should— 
(1) for each of fiscal years 2020 through 2030, 
reduce average building energy intensity (as meas-
ured in British thermal units per gross square foot) 
at facilities of the agency by 2.5 percent each fiscal 
year, relative to the average building energy inten-
sity of the facilities of the agency in fiscal year 
2018; and 
(2) for each of fiscal years 2020 through 2030, 
improve water use efficiency and management, in-
cluding stormwater management, at facilities of the 
agency by reducing agency water consumption inten-
sity— 
(A) by reducing the potable water con-
sumption by 54 percent by fiscal year 2030, rel-
ative to the potable water consumption of the 
agency in fiscal year 2007, through reductions 
of 2 percent each fiscal year (as measured in 
gallons per gross square foot); 
(B) by reducing the industrial, land-
scaping, and agricultural water consumption of 
the agency, as compared to a baseline of that 
consumption by the agency in fiscal year 2010, 
through reductions of 2 percent each fiscal year 
(as measured in gallons); and 
(C) by installing appropriate infrastructure 
features on federally owned property to improve 
stormwater and wastewater management. 
(c) ENERGY MANAGEMENT REQUIREMENTS.—Sec-
tion 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended by adding at the end the 
following: 
‘‘(h) FEDERAL ENERGY MANAGEMENT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out a program, to be known as the ‘Federal Energy 
Management Program’ (referred to in this sub-
section as the ‘Program’), to facilitate the implemen-
tation by the Federal Government of cost-effective 
energy and water management and energy-related 
investment practices— 
‘‘(A) to coordinate and strengthen Federal 
energy and water resilience; and 
‘‘(B) to promote environmental steward-
ship. 
‘‘(2) FEDERAL DIRECTOR.—The Secretary shall 
appoint an individual to serve as the director of the 
Program (referred to in this subsection as the ‘Fed-
eral Director’), which shall be a career position in 
the Senior Executive service, to administer the Pro-
gram. 
‘‘(3) PROGRAM ACTIVITIES.— 
‘‘(A) STRATEGIC
PLANNING
AND
TECH-
NICAL ASSISTANCE.—In administering the Pro-
gram, the Federal Director shall—
‘‘(i) provide technical assistance and 
project implementation support and guid-
ance to agencies to identify, implement, 
procure, and track energy and water con-
servation measures required under this Act 
and under other provisions of law; 
‘‘(ii) in coordination with the Admin-
istrator of the General Services Adminis-
tration, establish appropriate procedures, 
methods, and best practices for use by 
agencies to select, monitor, and terminate 
contracts entered into pursuant to a utility 
incentive program under section 546(c) 
with utilities; 
‘‘(iii) carry out the responsibilities of 
the Secretary under section 801, as deter-
mined appropriate by the Secretary; 
‘‘(iv) establish and maintain internet- 
based information resources and project 
tracking systems and tools for energy and 
water management; 
‘‘(v) coordinate comprehensive and 
strategic approaches to energy and water 
resilience planning for agencies; and
‘‘(vi) establish a recognition program 
for Federal achievement in energy and 
water management, energy-related invest-
ment practices, environmental stewardship, 
and other relevant areas, through events 
such as individual recognition award cere-
monies and public announcements. 
‘‘(B) ENERGY AND WATER MANAGEMENT 
AND
REPORTING.—In administering the Pro-
gram, the Federal Director shall— 
‘‘(i) track and report on the progress 
of agencies in meeting the requirements of 
the agency under this section; 
‘‘(ii) make publicly available agency 
performance data required under— 
‘‘(I) this section and sections 
544, 546, 547, and 548; and 
‘‘(II) section 203 of the Energy 
Policy Act of 2005 (42 U.S.C. 
15852); 
‘‘(iii)(I) collect energy and water use 
and consumption data from each agency; 
and 
‘‘(II) based on that data, submit to 
each agency a report that will facilitate the
energy and water management, energy-re-
lated investment practices, and environ-
mental stewardship of the agency in sup-
port of Federal goals under this Act and 
under other provisions of law; 
‘‘(iv) carry out the responsibilities of 
the Secretary under section 305 of the En-
ergy Conservation and Production Act (42 
U.S.C. 6834); 
‘‘(v) in consultation with the Adminis-
trator of the General Services Administra-
tion, acting through the head of the Office 
of High-Performance Green Buildings, es-
tablish and implement sustainable design 
principles for Federal facilities; and 
‘‘(vi) designate products that meet the 
highest energy conservation standards for 
categories not covered under the Energy 
Star program established under section 
324A of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6294a). 
‘‘(C) FEDERAL INTERAGENCY COORDINA-
TION.—In administering the Program, the Fed-
eral Director shall—
‘‘(i) develop and implement accredited 
training consistent with existing Federal 
programs and activities— 
‘‘(I) relating to energy and water 
use, management, and resilience in 
Federal facilities, energy-related in-
vestment practices, and environmental 
stewardship; and 
‘‘(II) 
that 
includes 
in-person 
training, 
internet-based 
programs, 
and 
national 
in-person 
training 
events; 
‘‘(ii) carry out the functions of the 
Secretary with respect to the Interagency 
Energy Management Task Force under 
section 547; and 
‘‘(iii) report on the implementation of 
the priorities of the President, including 
Executive orders, relating to energy and 
water use in Federal facilities, in coordina-
tion with— 
‘‘(I) the Office of Management 
and Budget; 
‘‘(II) the Council on Environ-
mental Quality; and
‘‘(III) any other entity, as consid-
ered necessary by the Federal Direc-
tor. 
‘‘(D) FACILITY
AND
FLEET
OPTIMIZA-
TION.—In administering the Program, the Fed-
eral Director shall develop guidance, supply as-
sistance to, and track the progress of agen-
cies— 
‘‘(i) in conducting portfolio-wide facil-
ity energy and water resilience planning 
and project integration; 
‘‘(ii) in building new construction and 
major renovations to meet the sustainable 
design and energy and water performance 
standards required under this section; 
‘‘(iii) in developing guidelines for— 
‘‘(I) facility commissioning; and 
‘‘(II) 
facility 
operations 
and 
maintenance; and 
‘‘(iv) in coordination with the Admin-
istrator of the General Services Adminis-
tration, in meeting statutory and agency 
goals for Federal fleet vehicles.
‘‘(4) MANAGEMENT COUNCIL.—The Federal Di-
rector shall establish a management council to ad-
vise the Federal Director that shall— 
‘‘(A) convene not less frequently than once 
every quarter; and 
‘‘(B) consist of representatives from— 
‘‘(i) the Council on Environmental 
Quality; 
‘‘(ii) the Office of Management and 
Budget; and 
‘‘(iii) the Office of Federal High-Per-
formance Green Buildings in the General 
Services Administration. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out this subsection $36,000,000 for 
each of fiscal years 2021 through 2025.’’. 
SEC. 1412. FEDERAL BUILDING ENERGY EFFICIENCY PER-
FORMANCE 
STANDARDS; 
CERTIFICATION 
SYSTEM AND LEVEL FOR GREEN BUILDINGS. 
(a) DEFINITIONS.—Section 303 of the Energy Con-
servation and Production Act (42 U.S.C. 6832) is further 
amended by adding at the end the following: 
‘‘(19) MAJOR RENOVATION.—The term ‘major 
renovation’ means a modification of the energy sys-
tems of a building that is sufficiently extensive to 
ensure that the entire building can achieve compli-
ance with applicable energy standards for new build-
ings, as established by the Secretary.’’. 
(b) FEDERAL BUILDING EFFICIENCY STANDARDS.— 
Section 305 of the Energy Conservation and Production 
Act (42 U.S.C. 6834) is amended— 
(1) in subsection (a)(3)— 
(A) by striking ‘‘(3)(A) Not later than’’ 
and all that follows through subparagraph (B) 
and inserting the following: 
‘‘(3) REVISED FEDERAL BUILDING ENERGY EF-
FICIENCY
PERFORMANCE
STANDARDS; 
CERTIFI-
CATION FOR GREEN BUILDINGS.— 
‘‘(A) REVISED
FEDERAL
BUILDING
EN-
ERGY
EFFICIENCY
PERFORMANCE
STAND-
ARDS.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the 
Clean Economy Jobs and Innovation Act, 
the Secretary shall establish, by regulation, 
revised Federal building energy efficiency 
performance standards that require that—
100 
‘‘(I) subject to clause (ii), new 
Federal buildings and Federal build-
ings with major renovations— 
‘‘(aa) meet or exceed the 
most recently published version 
of the International Energy Con-
servation Code (in the case of 
residential 
buildings) 
or 
ASHRAE Standard 90.1 (in the 
case of commercial buildings) as 
of the date of enactment of the 
Clean Economy Jobs and Innova-
tion Act; and 
‘‘(bb) meet or exceed the en-
ergy provisions of the State and 
local building codes applicable to 
the building if the codes are more 
stringent than the most recently 
published version of the Inter-
national 
Energy 
Conservation 
Code or ASHRAE Standard 90.1 
as of the date of enactment of 
the Clean Economy Jobs and In-
novation Act, as applicable;
101 
‘‘(II) unless demonstrated not to 
be life cycle cost-effective for new 
Federal buildings and Federal build-
ings with major renovations— 
‘‘(aa) the buildings shall be 
designed to achieve energy con-
sumption levels that are not less 
than 30 percent below the levels 
established in the most recently 
published version of the Inter-
national 
Energy 
Conservation 
Code or the ASHRAE Standard, 
as of the date of enactment of 
the Clean Economy Jobs and In-
novation Act, as appropriate; and 
‘‘(bb) 
sustainable 
design 
principles are applied to the loca-
tion, siting, design, and construc-
tion of all new Federal buildings 
and replacement Federal build-
ings; 
‘‘(III) if water is used to achieve 
energy efficiency, water conservation 
technologies shall be applied to the ex-
102 
tent that the technologies are life- 
cycle cost effective; and 
‘‘(IV) if life-cycle cost effective, 
as compared to other reasonably avail-
able technologies, not less than 30 
percent of the hot water demand for 
each new Federal building or Federal 
building undergoing a major renova-
tion be met through the installation 
and use of solar hot water heaters. 
‘‘(ii) EXCEPTION.—Clause (i)(I) shall 
not apply to the unaltered portions of Fed-
eral buildings and systems that have un-
dergone major renovations. 
‘‘(B) UPDATES.—Not later than 1 year 
after the date of approval of each subsequent 
revision of the ASHRAE Standard or the Inter-
national Energy Conservation Code, as appro-
priate, the Secretary shall determine whether 
the revised standards established under sub-
clauses (I) and (II) of subparagraph (A)(i) 
should be updated to reflect the revisions, based 
on the energy savings and life cycle cost-effec-
tiveness of the revisions.’’;
103 
(B) in subparagraph (C), by striking ‘‘(C) 
In the budget request’’ and inserting the fol-
lowing: 
‘‘(C) BUDGET
REQUEST.—In the budget 
request’’; and 
(C) in subparagraph (D)— 
(i) by striking subclause (III) of 
clause (i); 
(ii) by striking ‘‘(D) Not later than’’ 
and inserting the following: 
‘‘(D) STANDARDS; 
CERTIFICATION
FOR 
GREEN BUILDINGS.— 
‘‘(i) STANDARDS.—Not later than’’; 
(iii) by striking ‘‘standards that re-
quire that:’’ and all that follows through 
‘‘For new Federal buildings’’ and inserting 
‘‘standards that require that, for new 
buildings’’; and 
(iv) by striking clauses (ii) through 
(vii) and inserting the following: 
‘‘(ii) SUSTAINABLE
DESIGN
PRIN-
CIPLES.—Sustainable 
design 
principles 
shall be applied to the siting, design, and 
construction of buildings covered by this 
subparagraph.
104 
‘‘(iii) SELECTION OF CERTIFICATION 
SYSTEMS.—The Secretary, after reviewing 
the findings of the Federal Director under 
section 436(h) of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 
17092(h)), in consultation with the Admin-
istrator of General Services, and in con-
sultation with the Secretary of Defense re-
lating to those facilities under the custody 
and control of the Department of Defense, 
shall determine those certification systems 
for green commercial and residential build-
ings that the Secretary determines to be 
the most likely to encourage a comprehen-
sive and environmentally sound approach 
to certification of green buildings. 
‘‘(iv) BASIS
FOR
SELECTION.—The 
determination of the certification systems 
under clause (iii) shall be based on ongoing 
review of the findings of the Federal Direc-
tor under section 436(h) of the Energy 
Independence and Security Act of 2007 
(42 U.S.C. 17092(h)) and the criteria de-
scribed in clause (vi).
107 
‘‘(aa) efficient and sustain-
able use of water, energy, and 
other natural resources; 
‘‘(bb) use of renewable en-
ergy sources; 
‘‘(cc) improved indoor envi-
ronmental quality through en-
hanced indoor air quality, ther-
mal comfort, acoustics, day light-
ing, pollutant source control, and 
use of low-emission materials and 
building system controls; 
‘‘(dd) 
the 
responsible 
sourcing of grown, harvested, or 
mined 
materials, 
including 
through certifications of respon-
sible sourcing, such as certifi-
cations provided by the Forest 
Stewardship Council, the Sus-
tainable Forestry Initiative, the 
American Tree Farm System, or 
the Programme for the Endorse-
ment of Forest Certification; and
108 
‘‘(ee) such other criteria as 
the Secretary determines to be 
appropriate; and 
‘‘(V) national recognition within 
the building industry. 
‘‘(vii) REVIEW.—The Secretary, in 
consultation with the Administrator of 
General Services and the Secretary of De-
fense, shall conduct an ongoing review to 
evaluate and compare private sector green 
building certification systems, taking into 
account— 
‘‘(I) the criteria described in 
clause (vi); and 
‘‘(II) the identification made by 
the Federal Director under section 
436(h) of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 
17092(h)). 
‘‘(viii) EXCLUSIONS.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), if a certification sys-
tem fails to meet the review require-
ments of clause (vi), the Secretary 
shall—
109 
‘‘(aa) identify the portions 
of the system, whether pre-
requisites, credits, points, or oth-
erwise, that meet the review cri-
teria of clause (vi); 
‘‘(bb) determine the portions 
of the system that are suitable 
for use; and 
‘‘(cc) exclude all other por-
tions of the system from identi-
fication and use. 
‘‘(II) 
ENTIRE
SYSTEMS.—The 
Secretary shall exclude an entire sys-
tem from use if an exclusion under 
subclause (I)— 
‘‘(aa) impedes the integrated 
use of the system; 
‘‘(bb) creates disparate re-
view criteria or unequal point ac-
cess for competing materials; or 
‘‘(cc) increases agency costs 
of the use. 
‘‘(ix) INTERNAL CERTIFICATION PROC-
ESSES.—The Secretary may by rule allow 
Federal agencies to develop internal certifi-
110 
cation processes, using certified profes-
sionals, in lieu of certification by certifi-
cation entities identified under clause (iii). 
‘‘(x) PRIVATIZED
MILITARY
HOUS-
ING.—With respect to privatized military 
housing, the Secretary of Defense, after 
consultation with the Secretary may, 
through rulemaking, develop alternative 
certification systems and levels than the 
systems and levels identified under clause 
(iii) that achieve an equivalent result in 
terms of energy savings, sustainable de-
sign, and green building performance. 
‘‘(xi) WATER
CONSERVATION
TECH-
NOLOGIES.—In addition to any use of 
water conservation technologies otherwise 
required by this section, water conservation 
technologies shall be applied to the extent 
that the technologies are life-cycle cost-ef-
fective. 
‘‘(xii) EFFECTIVE DATE.— 
‘‘(I) 
DETERMINATIONS
MADE 
AFTER
DECEMBER
31, 
2020.—The 
amendments 
made 
by 
section 
1422(b)(1)(C) of the Clean Economy
111 
Jobs and Innovation Act shall apply 
to any determination made by a Fed-
eral agency after December 31, 2020. 
‘‘(II) DETERMINATIONS MADE ON 
OR
BEFORE
DECEMBER
31, 2020.— 
This subparagraph (as in effect on the 
day before the date of enactment of 
the Clean Economy Jobs and Innova-
tion Act) shall apply to any use of a 
certification system for green commer-
cial and residential buildings by a 
Federal agency on or before December 
31, 2020.’’; and 
(2) by striking subsections (c) and (d) and in-
serting the following: 
‘‘(c) PERIODIC REVIEW.—The Secretary shall— 
‘‘(1) once every 5 years, review the Federal 
building energy standards established under this sec-
tion; and 
‘‘(2) on completion of a review under paragraph 
(1), if the Secretary determines that significant en-
ergy savings would result, upgrade the standards to 
include all new energy efficiency and renewable en-
ergy measures that are technologically feasible and 
economically justified.’’.
112 
(c) FEDERAL COMPLIANCE.—Section 306 of the En-
ergy Conservation and Production Act (42 U.S.C. 6835) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘(1) The head’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—The head’’; and 
(ii) by striking ‘‘assure that new Fed-
eral buildings’’ and inserting ‘‘ensure that 
new Federal buildings and Federal build-
ings with major renovations’’; and 
(B) in paragraph (2)— 
(i) by striking the second sentence 
and inserting the following: 
‘‘(B) PROCEDURES.—The Architect of the 
Capitol shall adopt procedures necessary to en-
sure that the buildings referred to in subpara-
graph (A) meet or exceed the standards de-
scribed in that subparagraph.’’; and 
(ii) in the first sentence— 
(I) by inserting ‘‘and Federal 
buildings with major renovations’’ 
after ‘‘new buildings’’; and
113 
(II) by striking ‘‘(2) The Fed-
eral’’ and inserting the following: 
‘‘(2) APPLICABILITY.— 
‘‘(A) IN GENERAL.—The Federal’’; and 
(2) in subsection (b)— 
(A) by striking the subsection heading and 
inserting ‘‘EXPENDITURES’’; and 
(B) by inserting ‘‘or a Federal building 
with major renovations’’ after ‘‘new Federal 
building’’. 
SEC. 1413. USE OF ENERGY AND WATER EFFICIENCY MEAS-
URES IN FEDERAL BUILDINGS. 
(a) FINDINGS.—Congress finds the following: 
(1) Performance contracting is a private financ-
ing tool with guaranteed energy savings and has 
been used by the Federal Government for nearly 30 
years. 
(2) Energy savings performance contracts and 
utility energy service contacts allow the Government 
to invest in infrastructure using private sector fi-
nancing and expertise, with a guarantee of results. 
(3) Use of performance contracting has saved 
the 
Government 
and 
taxpayers 
more 
than 
$18,000,000,000.
114 
(4) By law, performance contracts are guaran-
teed to provide savings to Federal agencies. 
(5) On average, performance contracts achieve 
savings in excess of the contractual and statutory 
guarantee. 
(6) In a fiscally constrained environment, per-
formance contracting helps to address the Federal 
Government’s backlog of maintenance and supple-
ment scarce operations and maintenance dollars. 
(7) The House of Representatives, the Senate, 
and the Office of Management and Budget have all 
acted to recognize the value of performance con-
tracts by providing distinct budgetary consideration 
of them; in the 115th Congress, the House of Rep-
resentatives included section 5109 in H. Con. Res. 
71 to enable the greater use of performance con-
tracting and to recognize their full cost savings ben-
efits. 
(8) Federal agencies are not taking full advan-
tage of the cost-effective energy efficiency measures 
that are available and documented. 
(9) Using performance contracts to carry out 
such energy efficiency measures would benefit tax-
payers, the economy, and the environment.
115 
(b) REPORTS.—Section 548(b) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 
amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(5)(A) the status of the energy savings per-
formance contracts and utility energy service con-
tracts of each agency, to the extent that the infor-
mation is not duplicative of information provided to 
the Secretary under a separate authority; 
‘‘(B) the quantity and investment value of the 
contracts for the previous year; 
‘‘(C) the guaranteed energy savings, or for con-
tracts without a guarantee, the estimated energy 
savings, for the previous year, as compared to the 
measured energy savings for the previous year; 
‘‘(D) a forecast of the estimated quantity and 
investment value of contracts anticipated in the fol-
lowing year for each agency; and 
‘‘(E)(i) a comparison of the information de-
scribed in subparagraph (B) and the forecast de-
116 
scribed in subparagraph (D) in the report of the 
previous year; and 
‘‘(ii) if applicable, the reasons for any dif-
ferences in the data compared under clause (i).’’. 
Subtitle E—HOPE for HOMES 
SEC. 1501. DEFINITIONS. 
In this subtitle: 
(1) CONTRACTOR
CERTIFICATION.—The term 
‘‘contractor certification’’ means an industry recog-
nized certification that may be obtained by a resi-
dential contractor to advance the expertise and edu-
cation of the contractor in energy efficiency retrofits 
of residential buildings, including— 
(A) a certification provided by— 
(i) the Building Performance Insti-
tute; 
(ii) the Air Conditioning Contractors 
of America; 
(iii) the National Comfort Institute; 
(iv) the North American Technician 
Excellence; 
(v) RESNET; 
(vi) the United States Green Building 
Council; or
117 
(vii) Home Innovation Research Labs; 
and 
(B) any other certification the Secretary 
determines appropriate for purposes of the 
Home Energy Savings Retrofit Rebate Pro-
gram. 
(2) CONTRACTOR COMPANY.—The term ‘‘con-
tractor company’’ means a company— 
(A) the business of which is to provide 
services to residential building owners with re-
spect to HVAC systems, insulation, air sealing, 
or other services that are approved by the Sec-
retary; 
(B) that holds the licenses and insurance 
required by the State in which the company 
provides services; and 
(C) that provides services for which a par-
tial system rebate, measured performance re-
bate, or modeled performance rebate may be 
provided pursuant to the Home Energy Savings 
Retrofit Rebate Program. 
(3) ENERGY AUDIT.—The term ‘‘energy audit’’ 
means an inspection, survey, and analysis of the en-
ergy use of a building, including the building enve-
lope and HVAC system.
118 
(4) HOME.—The term ‘‘home’’ means a manu-
factured home (as such term is defined in section 
603 of the National Manufactured Housing Con-
struction and Safety Standards Act of 1974 (42 
U.S.C. 5402)), or a residential dwelling unit in a 
building with no more than 4 dwelling units that— 
(A) is located in the United States; 
(B) was constructed before the date of en-
actment of this Act; and 
(C) is occupied at least 6 months out of 
the year. 
(5) HOME ENERGY SAVINGS RETROFIT REBATE 
PROGRAM.—The term ‘‘Home Energy Savings Ret-
rofit Rebate Program’’ means the Home Energy 
Savings Retrofit Rebate Program established under 
section 1521. 
(6) HOMEOWNER.—The term ‘‘homeowner’’ 
means the owner of an owner-occupied home or a 
tenant-occupied home. 
(7) HOME
VALUATION
CERTIFICATION.—The 
term ‘‘home valuation certification’’ means the fol-
lowing home assessments: 
(A) Home Energy Score. 
(B) PEARL Certification. 
(C) National Green Building Standard.
119 
(D) LEED. 
(E) Any other assessment the Secretary 
determines to be appropriate. 
(8) HOPE QUALIFICATION.—The term ‘‘HOPE 
Qualification’’ means the qualification described in 
section 1513. 
(9) HOPE 
TRAINING
CREDIT.—The term 
‘‘HOPE training credit’’ means a HOPE training 
task credit or a HOPE training supplemental credit. 
(10) HOPE TRAINING
TASK
CREDIT.—The 
term ‘‘HOPE training task credit’’ means a credit 
described in section 1512(a). 
(11) HOPE TRAINING SUPPLEMENTAL CRED-
IT.—The term ‘‘HOPE training supplemental cred-
it’’ means a credit described in section 1512(b). 
(12) HVAC SYSTEM.—The term ‘‘HVAC sys-
tem’’ means a system— 
(A) consisting of a heating component, a 
ventilation component, and an air-conditioning 
component; and 
(B) which components may include central 
air conditioning, a heat pump, a furnace, a boil-
er, a rooftop unit, and a window unit. 
(13) MEASURED PERFORMANCE REBATE.—The 
term ‘‘measured performance rebate’’ means a re-
120 
bate provided in accordance with section 1523 and 
described in subsection (e) of that section. 
(14) MODELED PERFORMANCE REBATE.—The 
term ‘‘modeled performance rebate’’ means a rebate 
provided in accordance with section 1523 and de-
scribed in subsection (d) of that section. 
(15) MODERATE
INCOME.—The term ‘‘mod-
erate income’’ means, with respect to a household, a 
household with an annual income that is less than 
80 percent of the area median income, as deter-
mined annually by the Department of Housing and 
Urban Development. 
(16) 
MULTIFAMILY
BUILDING.—The 
term 
‘‘multifamily building’’ means a structure with 5 or 
more tenant-occupied residential dwelling units 
that— 
(A) is located in the United States; 
(B) was constructed before the date of en-
actment of this Act; and 
(C) is occupied at least 6 months out of 
the year. 
(17) MULTIFAMILY
BUILDING
OWNER.—The 
term ‘‘multifamily building owner’’ means the owner 
of a tenant-occupied multifamily building.
121 
(18) PARTIAL
SYSTEM
REBATE.—The term 
‘‘partial system rebate’’ means a rebate provided in 
accordance with section 1522. 
(19) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
(20) STATE.—The term ‘‘State’’ includes— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa; 
(F) the Commonwealth of the Northern 
Mariana Islands; 
(G) the United States Virgin Islands; and 
(H) any other territory or possession of the 
United States. 
(21) STATE ENERGY OFFICE.—The term ‘‘State 
energy office’’ means the office or agency of a State 
responsible for developing the State energy conserva-
tion plan for the State under section 362 of the En-
ergy Policy and Conservation Act (42 U.S.C. 6322).
122 
PART 1—HOPE TRAINING 
SEC. 1511. NOTICE FOR HOPE QUALIFICATION TRAINING 
AND GRANTS. 
Not later than 30 days after the date of enactment 
of this Act, the Secretary, acting through the Director of 
the Building Technologies Office of the Department of 
Energy, shall issue a notice that includes— 
(1) criteria established under section 1512 for 
approval by the Secretary of courses for which cred-
its may be issued for purposes of a HOPE Qualifica-
tion; 
(2) a list of courses that meet such criteria and 
are so approved; and 
(3) information on how individuals and entities 
may apply for grants under this part. 
SEC. 1512. COURSE CRITERIA. 
(a) HOPE TRAINING TASK CREDIT.— 
(1) CRITERIA.—The Secretary shall establish 
criteria for approval of a course for which a credit, 
to be known as a HOPE training task credit, may 
be issued, including that such course— 
(A) is equivalent to at least 30 hours in 
total course time; 
(B) is accredited by the Interstate Renew-
able Energy Council or is determined to be 
equivalent by the Secretary;
123 
(C) is, with respect to a particular job, 
aligned with the relevant National Renewable 
Energy Laboratory Job Task Analysis, or other 
credentialing program foundation that helps 
identify the necessary core knowledge areas, 
critical work functions, or skills, as approved by 
the Secretary; 
(D) has established learning objectives; 
and 
(E) includes, as the Secretary determines 
appropriate, an appropriate assessment of such 
learning objectives that may include a final 
exam, to be proctored on-site or through remote 
proctoring, or an in-person field exam. 
(2) INCLUDED COURSES.—The Secretary shall 
approve one or more courses that meet the criteria 
described in paragraph (1) for training related to— 
(A) contractor certification; 
(B) energy auditing or assessment, includ-
ing energy audits and assessments relevant to 
multifamily buildings; 
(C) home and multifamily building energy 
systems (including HVAC systems); 
(D) insulation installation and air leakage 
control;
124 
(E) health and safety regarding the instal-
lation of energy efficiency measures or health 
and safety impacts associated with energy effi-
ciency retrofits; and 
(F) indoor air quality. 
(b) HOPE TRAINING SUPPLEMENTAL CREDIT CRI-
TERIA.—The Secretary shall establish criteria for approval 
of a course for which a credit, to be known as a HOPE 
training supplemental credit, may be issued, including 
that such course provides— 
(1) training related to— 
(A) small business success, including man-
agement, home energy efficiency software, or 
general accounting principles; 
(B) the issuance of a home valuation cer-
tification; 
(C) the use of wifi-enabled technology in 
an energy efficiency upgrade; or 
(D) understanding and being able to par-
ticipate in the Home Energy Savings Retrofit 
Rebate Program; and 
(2) as the Secretary determines appropriate, an 
appropriate assessment of such training that may in-
clude a final exam, to be proctored on-site or
125 
through remote proctoring, or an in-person field 
exam. 
(c) EXISTING APPROVED COURSES.—The Secretary 
may approve a course that meets the applicable criteria 
established under this section that is approved by the ap-
plicable State energy office or relevant State agency with 
oversight authority for residential energy efficiency pro-
grams. 
(d) IN-PERSON AND ONLINE TRAINING.—An online 
course approved pursuant to this section may be con-
ducted in-person, but may not be offered exclusively in- 
person. 
SEC. 1513. HOPE QUALIFICATION. 
(a) ISSUANCE OF CREDITS.— 
(1) IN GENERAL.—The Secretary, or an entity 
authorized by the Secretary pursuant to paragraph 
(2), may issue— 
(A) a HOPE training task credit to any 
individual that completes a course that meets 
applicable criteria under section 1512; and 
(B) a HOPE training supplemental credit 
to any individual that completes a course that 
meets the applicable criteria under section 
1512.
126 
(2) OTHER ENTITIES.—The Secretary may au-
thorize a State energy office implementing an au-
thorized program under subsection (b)(2), an organi-
zation described in section 1514(b), and any other 
entity the Secretary determines appropriate, to issue 
HOPE training credits in accordance with para-
graph (1). 
(b) HOPE QUALIFICATION.— 
(1) IN GENERAL.—The Secretary may certify 
that an individual has achieved a qualification, to be 
known as a HOPE Qualification, that indicates that 
the individual has received at least 3 HOPE training 
credits, of which at least 2 shall be HOPE training 
task credits. 
(2) STATE PROGRAMS.—The Secretary may au-
thorize a State energy office to implement a pro-
gram to provide HOPE Qualifications in accordance 
with this part. 
SEC. 1514. GRANTS. 
(a) IN GENERAL.—The Secretary shall, to the extent 
amounts are made available in appropriations Acts for 
such purposes, provide grants to support the training of 
individuals toward the completion of a HOPE Qualifica-
tion. 
(b) PROVIDER ORGANIZATIONS.—
127 
(1) IN GENERAL.—The Secretary may provide a 
grant of up to $20,000 under this section to an or-
ganization to provide training online, including es-
tablishing, modifying, or maintaining the online sys-
tems, staff time, and software and online program 
management, through a course that meets the appli-
cable criteria established under section 1512. 
(2) CRITERIA.—In order to receive a grant 
under this subsection, an organization shall be— 
(A) a nonprofit organization; 
(B) an educational institution; or 
(C) an organization that has experience 
providing training to contractors that work with 
the weatherization assistance program imple-
mented under part A of title IV of the Energy 
Conservation and Production Act (42 U.S.C. 
6861 et seq.) or equivalent experience, as deter-
mined by the Secretary. 
(3) ADDITIONAL CERTIFICATIONS.—In addition 
to any grant provided under paragraph (1), the Sec-
retary may provide an organization up to $5,000 for 
each additional course for which a HOPE training 
credit may be issued that is offered by the organiza-
tion.
128 
(c) CONTRACTOR COMPANY.—The Secretary may 
provide a grant under this section of $1,000 per employee 
to a contractor company, up to a maximum of $10,000, 
to reimburse the contractor company for training costs for 
employees, and any home technology support needed for 
an employee to receive training pursuant to this section. 
Grant funds provided under this subsection may be used 
to support wages of employees during training. 
(d) TRAINEES.—The Secretary may provide a grant 
of up to $1,000 under this section to an individual who 
receives a HOPE Qualification. 
(e) STATE ENERGY OFFICE.—The Secretary may 
provide a grant under this section to a State energy office 
of up to $25,000 to implement an authorized program 
under section 1513(b). 
SEC. 1515. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this part $500,000,000 for the period of fiscal years 2021 
through 2025, to remain available until expended.
129 
PART 2—HOME ENERGY SAVINGS RETROFIT 
REBATE PROGRAM 
SEC. 1521. ESTABLISHMENT OF HOME ENERGY SAVINGS 
RETROFIT REBATE PROGRAM. 
The Secretary shall establish a program, to be known 
as the Home Energy Savings Retrofit Rebate Program, 
to— 
(1) provide rebates in accordance with section 
1522; and 
(2) provide grants to States to carry out pro-
grams to provide rebates in accordance with section 
1523. 
SEC. 1522. PARTIAL SYSTEM REBATES. 
(a) AMOUNT OF REBATE.—In carrying out the Home 
Energy Savings Retrofit Rebate Program, and subject to 
the availability of appropriations for such purpose, the 
Secretary shall provide a homeowner or multifamily build-
ing owner a rebate, to be known as a partial system re-
bate, of, except as provided in section 1524, up to— 
(1) $800 for the purchase and installation of 
insulation and air sealing within a home of the 
homeowner or the household living in a multifamily 
building; and 
(2) $1,500 for the purchase and installation of 
insulation and air sealing within a home of the 
homeowner or the household living in a multifamily
130 
building and replacement of an HVAC system, the 
heating component of an HVAC system, or the cool-
ing component of an HVAC system, of such home. 
(b) SPECIFICATIONS.— 
(1) COST.—The amount of a partial system re-
bate provided under this section shall, except as pro-
vided in section 1524, not exceed 30 percent of cost 
of the purchase and installation of insulation and air 
sealing under subsection (a)(1), or the purchase and 
installation of insulation and air sealing and replace-
ment of an HVAC system, the heating component of 
an HVAC system, or the cooling component of an 
HVAC system, under subsection (a)(2). Labor may 
be included in such cost but may not exceed— 
(A) in the case of a rebate under sub-
section (a)(1), 50 percent of such cost; and 
(B) in the case of a rebate under sub-
section (a)(2), 25 percent of such cost. 
(2) REPLACEMENT OF AN HVAC SYSTEM, THE 
HEATING COMPONENT OF AN HVAC SYSTEM, OR THE 
COOLING
COMPONENT
OF
AN
HVAC
SYSTEM.—In 
order to qualify for a partial system rebate described 
in subsection (a)(2)— 
(A) any HVAC system, heating component 
of an HVAC system, or cooling component of
131 
an HVAC system installed shall be Energy Star 
Most Efficient certified; 
(B) installation of such an HVAC system, 
the heating component of an HVAC system, or 
the cooling component of an HVAC system, 
shall be completed in accordance with standards 
specified by the Secretary that are at least as 
stringent as the applicable guidelines of the Air 
Conditioning Contractors of America that are in 
effect on the date of enactment of this Act; 
(C) if ducts are present, replacement of an 
HVAC system, the heating component of an 
HVAC system, or the cooling component of an 
HVAC system shall include duct sealing; and 
(D) the installation of insulation and air 
sealing shall occur within 6 months of the re-
placement of the HVAC system, the heating 
component of an HVAC system, or the cooling 
component of an HVAC system. 
(c) ADDITIONAL INCENTIVES FOR CONTRACTORS.— 
In carrying out the Home Energy Savings Retrofit Rebate 
Program, the Secretary may provide a $250 payment to 
a contractor per home of a homeowner or household living 
in a multifamily building for which—
132 
(1) a partial system rebate is provided under 
this section for the installation of insulation and air 
sealing, or installation of insulation and air sealing 
and replacement of an HVAC system, the heating 
component of an HVAC system, or the cooling com-
ponent of an HVAC system, by the contractor; 
(2) the applicable homeowner has signed and 
submitted to the Secretary a release form made 
available pursuant to section 1526(b) authorizing 
the contractor access to information in the utility 
bills of the homeowner or the applicable multifamily 
building owner has signed and submitted an agree-
ment with the contractor to provide whole-building 
aggregate information about the building’s energy 
use; and 
(3) the contractor inputs, into the Department 
of Energy’s Building Performance Database— 
(A) the energy usage for the home of a 
homeowner or for the household living in a mul-
tifamily building for the 12 months preceding, 
and the 24 months following, the installation of 
insulation and air sealing or installation of in-
sulation and air sealing and replacement of an 
HVAC system, the heating component of an
133 
HVAC system, or the cooling component of an 
HVAC system; 
(B) a description of such installation or in-
stallation and replacement; and 
(C) the total cost to the homeowner or 
multifamily building owner for such installation 
or installation and replacement. 
(d) PROCESS.— 
(1) FORMS; REBATE
PROCESSING
SYSTEM.— 
Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with the 
Secretary of the Treasury, shall— 
(A) develop and make available rebate 
forms required to receive a partial system re-
bate under this section; 
(B) establish a Federal rebate processing 
system which shall serve as a database and in-
formation technology system that will allow 
homeowners and multifamily building owners to 
submit required rebate forms; and 
(C) establish a website that provides infor-
mation on partial system rebates provided 
under this section, including how to determine 
whether particular measures qualify for a re-
134 
bate under this section and how to receive such 
a rebate. 
(2) SUBMISSION OF FORMS.—In order to re-
ceive a partial system rebate under this section, a 
homeowner or multifamily building owner shall sub-
mit the required rebate forms, and any other infor-
mation the Secretary determines appropriate, to the 
Federal rebate processing system established pursu-
ant to paragraph (1). 
(e) FUNDING.— 
(1) LIMITATION.—For each fiscal year, the Sec-
retary may not use more than 50 percent of the 
amounts made available to carry out this part to 
carry out this section. 
(2) ALLOCATION.—The Secretary shall allocate 
amounts made available to carry out this section for 
partial system rebates among the States using the 
same formula as is used to allocate funds for States 
under part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.). 
SEC. 1523. STATE ADMINISTERED REBATES. 
(a) FUNDING.—In carrying out the Home Energy 
Savings Retrofit Rebate Program, and subject to the 
availability of appropriations for such purpose, the Sec-
136 
tification requirements set forth by the Sec-
retary; 
(B) includes installation of one or more 
home energy efficiency retrofit measures for a 
home that together are modeled to achieve, or 
are shown to achieve, a reduction in home en-
ergy use of 20 percent or more from the base-
line energy use of the home; 
(C) does not include installation of any 
measure that the Secretary determines does not 
improve the thermal energy performance of the 
home, such as a pool pump, pool heater, spa, or 
EV charger; and 
(D) includes, after installation of the appli-
cable home energy efficiency retrofit measures, 
a test-out procedure conducted in accordance 
with guidelines issued by the Secretary of such 
measures to ensure— 
(i) the safe operation of all systems 
post retrofit; and 
(ii) that all improvements are included 
in, and have been installed according to— 
(I) 
manufacturers 
installation 
specifications; and
137 
(II) all applicable State and local 
codes or equivalent standards ap-
proved by the Secretary; 
(3) that the State program utilize— 
(A) for purposes of modeled performance 
rebates, modeling software approved by the Sec-
retary for determining and documenting the 
baseline energy use of a home and the reduc-
tions in home energy use resulting from the im-
plementation of a home energy efficiency ret-
rofit; and 
(B) for purposes of measured performance 
rebates, methods and procedures approved by 
the Secretary for determining and documenting 
the baseline energy use of a home and the re-
ductions in home energy use resulting from the 
implementation of a home energy efficiency ret-
rofit, including methods and procedures for use 
of advanced metering infrastructure, weather- 
normalized data, and open source standards, to 
measure such baseline energy use and such re-
ductions in home energy use; 
(4) that the State program include implementa-
tion of a quality assurance program—
138 
(A) to ensure that home energy efficiency 
retrofits are achieving the stated level of energy 
savings, that efficiency measures were installed 
correctly, and that work is performed in accord-
ance with procedures developed by the Sec-
retary, including through quality-control inspec-
tions for a portion of home energy efficiency 
retrofits completed by each applicable con-
tractor; and 
(B) under which a quality-control inspec-
tion of a home energy efficiency retrofit is per-
formed by a quality assurance provider who— 
(i) is independent of the contractor 
for such retrofit; and 
(ii) will confirm that such contractor 
is a contractor who meets minimum train-
ing requirements and certification require-
ments set forth by the Secretary; 
(5) that the State program include require-
ments for a homeowner, contractor, or rebate 
aggregator to claim a rebate, including that the 
homeowner, contractor, or rebate aggregator submit 
any applicable forms approved by the Secretary to 
the State, including a copy of the certificate pro-
139 
vided by the applicable contractor certifying pro-
jected or measured reduction of home energy use; 
(6) that the State program may include require-
ments for an entity to be eligible to serve as a rebate 
aggregator to facilitate the delivery of rebates to 
homeowners or contractors; 
(7) that the State program include procedures 
for a homeowner to transfer the right to claim a re-
bate to the contractor performing the applicable 
home energy efficiency retrofit or to a rebate 
aggregator that works with the contractor; and 
(8) that the State program provide that a 
homeowner, contractor, or rebate aggregator may 
claim more than one rebate under the State pro-
gram, and may claim a rebate under the State pro-
gram after receiving a partial system rebate under 
section 1522, provided that no 2 rebates may be 
provided with respect to a home using the same 
baseline energy use of such home. 
(d) MODELED PERFORMANCE REBATES.— 
(1) IN GENERAL.—In carrying out a State pro-
gram under this section, a State may provide a 
homeowner, contractor, or rebate aggregator a re-
bate, to be known as a modeled performance rebate, 
for an energy audit of a home and a home energy
140 
efficiency retrofit that is projected, using modeling 
software approved by the Secretary, to reduce home 
energy use by at least 20 percent. 
(2) AMOUNT.— 
(A) IN GENERAL.—Except as provided in 
section 1524, and subject to subparagraph (B), 
the amount of a modeled performance rebate 
provided under a State program shall be equal 
to 50 percent of the cost of the applicable en-
ergy audit of a home and home energy effi-
ciency retrofit, including the cost of diagnostic 
procedures, labor, reporting, and modeling. 
(B) LIMITATION.—Except as provided in 
section 1524, with respect to an energy audit 
and home energy efficiency retrofit that is pro-
jected to reduce home energy use by— 
(i) at least 20 percent, but less than 
40 percent, the maximum amount of a 
modeled performance rebate shall be 
$2,000; and 
(ii) at least 40 percent, the maximum 
amount of a modeled performance rebate 
shall be $4,000. 
(e) MEASURED PERFORMANCE REBATES.—
141 
(1) IN GENERAL.—In carrying out a State pro-
gram under this section, a State may provide a 
homeowner, contractor, or rebate aggregator a re-
bate, to be known as a measured performance re-
bate, for a home energy efficiency retrofit that re-
duces home energy use by at least 20 percent as 
measured using methods and procedures approved 
by the Secretary. 
(2) AMOUNT.— 
(A) IN GENERAL.—Except as provided in 
section 1524, and subject to subparagraph (B), 
the amount of a measured performance rebate 
provided under a State program shall be equal 
to 50 percent of the cost, including the cost of 
diagnostic procedures, labor, reporting, and en-
ergy measurement, of the applicable home en-
ergy efficiency retrofit. 
(B) LIMITATION.—Except as provided in 
section 1524, with respect to a home energy ef-
ficiency retrofit that is measured as reducing 
home energy use by— 
(i) at least 20 percent, but less than 
40 percent, the maximum amount of a 
measured performance rebate shall be 
$2,000; and
142 
(ii) at least 40 percent, the maximum 
amount of a measured performance rebate 
shall be $4,000. 
(f) COORDINATION
OF
REBATE
AND
EXISTING 
STATE-SPONSORED
OR
UTILITY-SPONSORED
PRO-
GRAMS.—A State that receives a grant under this section 
is encouraged to work with State agencies, energy utilities, 
nonprofits, and other entities— 
(1) to assist in marketing the availability of the 
rebates under the applicable State program; 
(2) to coordinate with utility or State managed 
financing programs; 
(3) to assist in implementation of the applicable 
State program, including installation of home energy 
efficiency retrofits; and 
(4) to coordinate with existing quality assur-
ance programs. 
(g) ADMINISTRATION AND OVERSIGHT.— 
(1) REVIEW
OF
APPROVED
MODELING
SOFT-
WARE.—The Secretary shall, on an annual basis, list 
and review all modeling software approved for use in 
determining and documenting the reductions in 
home energy use for purposes of modeled perform-
ance rebates under subsection (d). In approving such 
modeling software each year, the Secretary shall en-
143 
sure that modeling software approved for a year will 
result in modeling of energy efficiency gains for any 
type of home energy efficiency retrofit that is at 
least as substantial as the modeling of energy effi-
ciency gains for such type of home energy efficiency 
retrofit using the modeling software approved for 
the previous year. 
(2) OVERSIGHT.—If the Secretary determines 
that a State is not implementing a State program 
that was approved pursuant to subsection (b) and 
that meets the minimum criteria under subsection 
(c), the Secretary may, after providing the State a 
period of at least 90 days to meet such criteria, 
withhold grant funds under this section from the 
State. 
SEC. 1524. SPECIAL PROVISIONS FOR MODERATE INCOME 
HOUSEHOLDS. 
(a) CERTIFICATIONS.—The Secretary shall establish 
procedures for certifying that the household of a home-
owner or that, in the case of a multifamily building, the 
majority of households in the building is moderate income 
for purposes of this section. 
(b) PERCENTAGES.—Subject to subsection (c), for 
households that are certified pursuant to the procedures 
established under subsection (a) as moderate income the—
144 
(1) amount of a partial system rebate under 
section 1522 shall not exceed 60 percent of the ap-
plicable purchase and installation costs described in 
section 1522(b)(1); and 
(2) amount of— 
(A) a modeled performance rebate under 
section 1523 provided shall be equal to 80 per-
cent of the applicable costs described in section 
1523(d)(2)(A); and 
(B) a measured performance rebate under 
section 1523 provided shall be equal to 80 per-
cent of the applicable costs described in section 
1523(e)(2)(A). 
(c) MAXIMUM AMOUNTS.—For households that are 
certified pursuant to the procedures established under 
subsection (a) as moderate income the maximum 
amount— 
(1) of a partial system rebate— 
(A) under section 1522(a)(1) for the pur-
chase and installation of insulation and air seal-
ing within a home of the homeowner or the 
household living in a multifamily building shall 
be $1600; and 
(B) under section 1522(a)(2) for the pur-
chase and installation of insulation and air seal-
145 
ing within a home of the homeowner or the 
household living in a multifamily building and 
replacement of an HVAC system, the heating 
component of an HVAC system, or the cooling 
component of an HVAC system, of such home, 
shall be $3,000; 
(2) of a modeled performance rebate under sec-
tion 1523 for an energy audit and home energy effi-
ciency retrofit that is projected to reduce home en-
ergy use as described in— 
(A) section 1523(d)(2)(B)(i) shall be 
$4,000; and 
(B) section 1523(d)(2)(B)(ii) shall be 
$8,000; and 
(3) of a measured performance rebate under 
section 1523 for a home energy efficiency retrofit 
that reduces home energy use as described in— 
(B) section 1523(e)(2)(B)(i) shall be 
$4,000; and 
(C) section 1523(e)(2)(B)(ii) shall be 
$8,000. 
(d) OUTREACH.—The Secretary shall establish proce-
dures to— 
(1) provide information to households of home-
owners or multifamily building owners that are cer-
146 
tified pursuant to the procedures established under 
subsection (a) as moderate income regarding other 
programs and resources relating to assistance for 
energy efficiency upgrades of homes, including the 
weatherization 
assistance 
program 
implemented 
under part A of title IV of the Energy Conservation 
and Production Act (42 U.S.C. 6861 et seq.); and 
(2) refer such households and owners, as appli-
cable, to such other programs and resources. 
SEC. 1525. EVALUATION REPORTS TO CONGRESS. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act and annually thereafter until 
the termination of the Home Energy Savings Retrofit Re-
bate Program, the Secretary shall submit to Congress a 
report on the use of funds made available to carry out 
this part. 
(b) CONTENTS.—Each report submitted under sub-
section (a) shall include— 
(1) how many home energy efficiency retrofits 
have been completed during the previous year under 
the Home Energy Savings Retrofit Rebate Program; 
(2) an estimate of how many jobs have been 
created through the Home Energy Savings Retrofit 
Rebate Program, directly and indirectly;
147 
(3) a description of what steps could be taken 
to promote further deployment of energy efficiency 
and renewable energy retrofits; 
(4) a description of the quantity of verifiable 
energy savings, homeowner energy bill savings, and 
other benefits of the Home Energy Savings Retrofit 
Rebate Program; 
(5) a description of any waste, fraud, or abuse 
with respect to funds made available to carry out 
this part; and 
(6) any other information the Secretary con-
siders appropriate. 
SEC. 1526. ADMINISTRATION. 
(a) IN GENERAL.—The Secretary shall provide such 
administrative and technical support to contractors, rebate 
aggregators, States, and Indian Tribes as is necessary to 
carry out this part. 
(b) INFORMATION
COLLECTION.—The Secretary 
shall establish, and make available to a homeowner, or the 
homeowner’s designated representative, seeking a rebate 
under this part, release forms authorizing access by the 
Secretary, or a designated third-party representative to in-
formation in the utility bills of the homeowner with appro-
priate privacy protections in place.
148 
(c) APPLICATION OF WAGE RATE REQUIREMENTS TO 
PARTIAL
SYSTEM
AND
STATE
ADMINISTERED
RE-
BATES.—Section 12202 of this Act shall not apply to re-
bates under sections 1522 and 1523. 
SEC. 1527. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary to carry out this part 
$1,600,000,000 for each of fiscal years 2021 through 
2025, to remain available until expended. 
(b) TRIBAL ALLOCATION.—Of the amounts made 
available pursuant to subsection (a) for a fiscal year, the 
Secretary shall work with Indian Tribes and use 2 percent 
of such amounts to carry out a program or programs that 
as close as possible reflect the goals, requirements, and 
provisions of this part, taking into account any factors 
that the Secretary determines to be appropriate. 
PART 3—GENERAL PROVISIONS 
SEC. 1531. APPOINTMENT OF PERSONNEL. 
Notwithstanding the provisions of title 5, United 
States Code, regarding appointments in the competitive 
service and General Schedule classifications and pay rates, 
the Secretary may appoint such professional and adminis-
trative personnel as the Secretary considers necessary to 
carry out this subtitle.
149 
SEC. 1532. MAINTENANCE OF FUNDING. 
Each State receiving Federal funds pursuant to this 
subtitle shall provide reasonable assurances to the Sec-
retary that it has established policies and procedures de-
signed to ensure that Federal funds provided under this 
subtitle will be used to supplement, and not to supplant, 
State and local funds. 
Subtitle F—Weatherization 
SEC. 1601. WEATHERIZATION ASSISTANCE PROGRAM. 
(a) REAUTHORIZATION OF WEATHERIZATION AS-
SISTANCE PROGRAM.—Section 422 of the Energy Con-
servation and Production Act (42 U.S.C. 6872) is amend-
ed by striking paragraphs (1) through (5) and inserting 
the following: 
‘‘(1) $410,000,000 for fiscal year 2021; 
‘‘(2) $430,000,000 for fiscal year 2022; 
‘‘(3) $450,000,000 for fiscal year 2023; 
‘‘(4) $450,000,000 for fiscal year 2024; and 
‘‘(5) $450,000,000 for fiscal year 2025.’’. 
(b) MODERNIZING THE DEFINITION OF WEATHER-
IZATION MATERIALS.—Section 412(9)(J) of the Energy 
Conservation and Production Act (42 U.S.C. 6862(9)(J)) 
is amended— 
(1) by inserting ‘‘, including renewable energy 
technologies and other advanced technologies,’’ after 
‘‘devices or technologies’’; and
150 
(2) by striking ‘‘, after consulting with the Sec-
retary of Housing and Urban Development, the Sec-
retary of Agriculture, and the Director of the Com-
munity Services Administration’’. 
(c) CONSIDERATION OF HEALTH BENEFITS.—Sec-
tion 413(b) of the Energy Conservation and Production 
Act (42 U.S.C. 6863(b)) is amended— 
(1) in paragraph (1), by striking ‘‘Health, Edu-
cation, and Welfare’’ and inserting ‘‘Health and 
Human Services’’; 
(2) in paragraph (2)(A), by striking ‘‘Health, 
Education, and Welfare’’ and inserting ‘‘Health and 
Human Services’’; 
(3) in paragraph (3)— 
(A) by striking ‘‘and with the Director of 
the Community Services Administration’’; 
(B) by inserting ‘‘and by’’ after ‘‘in car-
rying out this part,’’; and 
(C) by striking ‘‘, and the Director of the 
Community Services Administration in carrying 
out weatherization programs under section 
222(a)(12) of the Economic Opportunity Act of 
1964’’; 
(4) by redesignating paragraphs (4) through 
(6) as paragraphs (5) through (7), respectively; and
151 
(5) by inserting after paragraph (3), the fol-
lowing: 
‘‘(4) The Secretary may amend the regulations pre-
scribed under paragraph (1) to provide that the standards 
described in paragraph (2)(A) take into consideration im-
provements in the health and safety of occupants of dwell-
ing units, and other non-energy benefits, from weatheriza-
tion.’’. 
(d) CONTRACTOR OPTIMIZATION.— 
(1) IN
GENERAL.—The Energy Conservation 
and Production Act is amended by inserting after 
section 414B (42 U.S.C. 6864b) the following: 
‘‘SEC. 414C. CONTRACTOR OPTIMIZATION. 
‘‘(a) IN GENERAL.—The Secretary may request that 
entities receiving funding from the Federal Government 
or from a State through a weatherization assistance pro-
gram under section 413 or section 414 perform periodic 
reviews of the use of private contractors in the provision 
of weatherization assistance, and encourage expanded use 
of contractors as appropriate. 
‘‘(b) USE OF TRAINING FUNDS.—Entities described 
in subsection (a) may use funding described in such sub-
section to train private, non-Federal entities that are con-
tracted to provide weatherization assistance under a
152 
weatherization program, in accordance with rules deter-
mined by the Secretary.’’. 
(2) TABLE OF CONTENTS AMENDMENT.—The 
table of contents for the Energy Conservation and 
Production Act is amended by inserting after the 
item relating to section 414B the following: 
‘‘Sec. 414C. Contractor optimization.’’. 
(e) FINANCIAL ASSISTANCE FOR WAP ENHANCE-
MENT AND INNOVATION.— 
(1) IN
GENERAL.—The Energy Conservation 
and Production Act is amended by inserting after 
section 414C (as added by subsection (d) of this sec-
tion) the following: 
‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCE-
MENT AND INNOVATION. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to expand the number of dwelling units 
that are occupied by low-income persons that receive 
weatherization assistance by making such dwelling 
units weatherization-ready; 
‘‘(2) to promote the deployment of renewable 
energy in dwelling units that are occupied by low-in-
come persons; 
‘‘(3) to ensure healthy indoor environments by 
enhancing or expanding health and safety measures
153 
and resources available to dwellings that are occu-
pied by low-income persons; 
‘‘(4) to disseminate new methods and best prac-
tices among entities providing weatherization assist-
ance; 
‘‘(5) to encourage entities providing weatheriza-
tion assistance to hire and retain employees who are 
individuals— 
‘‘(A) from the community in which the as-
sistance is provided; and 
‘‘(B) from communities or groups that are 
underrepresented in the home energy perform-
ance workforce, including religious and ethnic 
minorities, women, veterans, individuals with 
disabilities, 
and 
individuals 
who 
are 
socioeconomically disadvantaged; and 
‘‘(6) to enhance or expand the use of materials 
that are resistant to high heat and fire in dwellings 
occupied by low-income persons in areas at risk from 
drought and wildfires. 
‘‘(b) FINANCIAL ASSISTANCE.—The Secretary shall, 
to the extent funds are made available, award financial 
assistance, on an annual basis, through a competitive 
process to entities receiving funding from the Federal Gov-
ernment or from a State, tribal organization, or unit of
154 
general purpose local government through a weatheriza-
tion program under section 413 or section 414, or to non-
profit entities, to be used by such an entity— 
‘‘(1) with respect to dwelling units that are oc-
cupied by low-income persons, to— 
‘‘(A) implement measures to make such 
dwelling units weatherization-ready by address-
ing structural, plumbing, roofing, and electrical 
issues, environmental hazards, or other meas-
ures that the Secretary determines to be appro-
priate; 
‘‘(B) install energy efficiency technologies, 
including home energy management systems, 
smart devices, and other technologies the Sec-
retary determines to be appropriate; 
‘‘(C) install renewable energy systems (as 
defined in section 415(c)(6)(A)); 
‘‘(D) 
implement 
measures 
to 
ensure 
healthy indoor environments by improving in-
door air quality, accessibility, and other healthy 
homes measures as determined by the Sec-
retary; and 
‘‘(E) implement measures to enhance 
health and safety through use of materials that
155 
are resistant to high heat and fire in areas at 
risk from drought and wildfires; 
‘‘(2) to improve the capability of the entity— 
‘‘(A) to significantly increase the number 
of energy retrofits performed by such entity; 
‘‘(B) to replicate best practices for work 
performed pursuant to this section on a larger 
scale; 
‘‘(C) to leverage additional funds to sus-
tain the provision of weatherization assistance 
and other work performed pursuant to this sec-
tion after financial assistance awarded under 
this section is expended; and 
‘‘(D) to hire and retain employees who are 
individuals described subsection (a)(5); 
‘‘(3) for innovative outreach and education re-
garding the benefits and availability of weatheriza-
tion assistance and other assistance available pursu-
ant to this section; 
‘‘(4) for quality control of work performed pur-
suant to this section; 
‘‘(5) for data collection, measurement, and 
verification with respect to such work; 
‘‘(6) for program monitoring, oversight, evalua-
tion, and reporting regarding such work;
156 
‘‘(7) for labor, training, and technical assist-
ance relating to such work; 
‘‘(8) for planning, management, and adminis-
tration (up to a maximum of 15 percent of the as-
sistance provided); and 
‘‘(9) for such other activities as the Secretary 
determines to be appropriate. 
‘‘(c) AWARD FACTORS.—In awarding financial assist-
ance under this section, the Secretary shall consider— 
‘‘(1) the applicant’s record of constructing, ren-
ovating, repairing, or making energy efficient single- 
family, multifamily, or manufactured homes that are 
occupied by low-income persons, either directly or 
through affiliates, chapters, or other partners (using 
the most recent year for which data are available); 
‘‘(2) the number of dwelling units occupied by 
low-income persons that the applicant has built, ren-
ovated, repaired, weatherized, or made more energy 
efficient in the 5 years preceding the date of the ap-
plication; 
‘‘(3) the qualifications, experience, and past 
performance of the applicant, including experience 
successfully managing and administering Federal 
funds;
157 
‘‘(4) the strength of an applicant’s proposal to 
achieve one or more of the purposes under sub-
section (a); 
‘‘(5) the extent to which such applicant will uti-
lize partnerships and regional coordination to 
achieve one or more of the purposes under sub-
section (a); 
‘‘(6) regional and climate zone diversity; 
‘‘(7) urban, suburban, and rural localities; and 
‘‘(8) such other factors as the Secretary deter-
mines to be appropriate. 
‘‘(d) APPLICATIONS.— 
‘‘(1) ADMINISTRATION.—To be eligible for an 
award of financial assistance under this section, an 
applicant shall submit to the Secretary an applica-
tion in such manner and containing such informa-
tion as the Secretary may require. 
‘‘(2) AWARDS.—Subject to the availability of 
appropriations, not later than 270 days after the 
date of enactment of this section, the Secretary shall 
make a first award of financial assistance under this 
section. 
‘‘(e) MAXIMUM AMOUNT AND TERM.—
158 
‘‘(1) IN GENERAL.—The total amount of finan-
cial assistance awarded to an entity under this sec-
tion shall not exceed $2,000,000. 
‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.— 
The total amount of financial assistance awarded to 
an entity under this section shall be reduced by the 
cost of any technical and training assistance pro-
vided by the Secretary that relates to such financial 
assistance. 
‘‘(3) TERM.—The term of an award of financial 
assistance under this section shall not exceed 3 
years. 
‘‘(4) RELATIONSHIP TO FORMULA GRANTS.—An 
entity may use financial assistance awarded to such 
entity under this section in conjunction with other 
financial assistance provided to such entity under 
this part. 
‘‘(f) REQUIREMENTS.—Not later than 90 days after 
the date of enactment of this section, the Secretary shall 
issue requirements to implement this section, including, 
for entities receiving financial assistance under this sec-
tion— 
‘‘(1) standards for allowable expenditures; 
‘‘(2) a minimum saving-to-investment ratio; and 
‘‘(3) standards for—
159 
‘‘(A) training programs; 
‘‘(B) energy audits; 
‘‘(C) the provision of technical assistance; 
‘‘(D) monitoring activities carried out 
using such financial assistance; 
‘‘(E) verification of energy and cost sav-
ings; 
‘‘(F) liability insurance requirements; and 
‘‘(G) recordkeeping and reporting require-
ments, which shall include reporting to the Of-
fice of Weatherization and Intergovernmental 
Programs of the Department of Energy applica-
ble data on each dwelling unit retrofitted or 
otherwise assisted pursuant to this section. 
‘‘(g) COMPLIANCE WITH STATE AND LOCAL LAW.— 
Nothing in this section supersedes or otherwise affects any 
State or local law, to the extent that the State or local 
law contains a requirement that is more stringent than 
the applicable requirement of this section. 
‘‘(h) REVIEW
AND EVALUATION.—The Secretary 
shall review and evaluate the performance of each entity 
that receives an award of financial assistance under this 
section (which may include an audit).
160 
‘‘(i) ANNUAL REPORT.—The Secretary shall submit 
to Congress an annual report that provides a description 
of— 
‘‘(1) actions taken under this section to achieve 
the purposes of this section; and 
‘‘(2) accomplishments as a result of such ac-
tions, including energy and cost savings achieved. 
‘‘(j) FUNDING.— 
‘‘(1) AMOUNTS.— 
‘‘(A) IN
GENERAL.—For each of fiscal 
years 2021 through 2025, of the amount made 
available under section 422 for such fiscal year 
to carry out the weatherization program under 
this part (not including any of such amount 
made available for Department of Energy head-
quarters training or technical assistance), not 
more than— 
‘‘(i) 2 percent of such amount (if such 
amount is $225,000,000 or more but less 
than $260,000,000) may be used to carry 
out this section; 
‘‘(ii) 4 percent of such amount (if 
such amount is $260,000,000 or more but 
less than $300,000,000) may be used to 
carry out this section; and
161 
‘‘(iii) 6 percent of such amount (if 
such amount is $300,000,000 or more) 
may be used to carry out this section. 
‘‘(B) MINIMUM.—For each of fiscal years 
2021 through 2025, if the amount made avail-
able under section 422 (not including any of 
such amount made available for Department of 
Energy headquarters training or technical as-
sistance) for such fiscal year is less than 
$225,000,000, no funds shall be made available 
to carry out this section. 
‘‘(2) LIMITATION.—For any fiscal year, the 
Secretary may not use more than $25,000,000 of 
the amount made available under section 422 to 
carry out this section. 
‘‘(k) TERMINATION.—The Secretary may not award 
financial assistance under this section after September 30, 
2025.’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for the Energy Conservation and Production 
Act is amended by inserting after the item relating 
to section 414C the following: 
‘‘Sec. 414D. Financial assistance for WAP enhancement and innovation.’’. 
(f) HIRING.— 
(1) IN
GENERAL.—The Energy Conservation 
and Production Act is amended by inserting after
162 
section 414D (as added by subsection (e) of this sec-
tion) the following: 
‘‘SEC. 414E. HIRING. 
‘‘The Secretary may, as the Secretary determines ap-
propriate, encourage entities receiving funding from the 
Federal Government or from a State through a weather-
ization program under section 413 or section 414, to 
prioritize the hiring and retention of employees who are 
individuals described in section 414D(a)(5).’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents for the Energy Conservation and Production 
Act is amended by inserting after the item relating 
to section 414D the following: 
‘‘Sec. 414E. Hiring.’’. 
(g) INCREASE IN ADMINISTRATIVE FUNDS.—Section 
415(a)(1) of the Energy Conservation and Production Act 
(42 U.S.C. 6865(a)(1)) is amended by striking ‘‘10 per-
cent’’ and inserting ‘‘15 percent’’. 
(h) AMENDING RE-WEATHERIZATION DATE.—Para-
graph (2) of section 415(c) of the Energy Conservation 
and Production Act (42 U.S.C. 6865(c)) is amended to 
read as follows: 
‘‘(2) Dwelling units weatherized (including dwelling 
units partially weatherized) under this part, or under 
other Federal programs (in this paragraph referred to as 
‘previous weatherization’), may not receive further finan-
163 
cial assistance for weatherization under this part until the 
date that is 15 years after the date such previous weather-
ization was completed. This paragraph does not preclude 
dwelling units that have received previous weatherization 
from receiving assistance and services (including the provi-
sion of information and education to assist with energy 
management and evaluation of the effectiveness of in-
stalled weatherization materials) other than weatheriza-
tion under this part or under other Federal programs, or 
from receiving non-Federal assistance for weatheriza-
tion.’’. 
(i) ANNUAL REPORT.—Section 421 of the Energy 
Conservation and Production Act (42 U.S.C. 6871) is 
amended by inserting ‘‘the number of multifamily build-
ings in which individual dwelling units were weatherized 
during the previous year, the number of individual dwell-
ing units in multifamily buildings weatherized during the 
previous year,’’ after ‘‘the average size of the dwellings 
being weatherized,’’. 
SEC. 1602. REPORT ON WAIVERS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Energy shall submit to Con-
gress a report on the status of any request made after 
September 30, 2010, for a waiver of any requirement 
under section 200.313 of title 2, Code of Federal Regula-
164 
tions, as such requirement applies with respect to the 
weatherization assistance program under part A of title 
IV of the Energy Conservation and Production Act (42 
U.S.C. 6861 et seq.), including a description of any such 
waiver that has been granted and any such request for 
a waiver that has been considered but not granted. 
SEC. 1603. APPLICATION OF WAGE RATE REQUIREMENTS 
TO 
WEATHERIZATION 
ASSISTANCE 
PRO-
GRAM. 
With respect to the Weatherization Assistance Pro-
gram, the requirements of section 12202 shall apply only 
to work performed on multifamily buildings. 
SEC. 1604. PROHIBITION ON CATEGORY 1 RESPIRATORY 
SENSITIZERS. 
Thermal insulating materials for building elements 
including walls, floors, ceilings, attics and roofs insulation, 
used for ‘‘Low Income Home Energy Assistance’’ and 
‘‘Weatherization Assistance Program’’ shall not contain 
any substance that is a Category 1 respiratory sensitizer 
as defined in Appendix A to section 1910.1200 of title 29, 
Code of Federal Regulations, (specifically, Appendix A.4, 
‘‘Respiratory or Skin Sensitization’’), if such substance 
was intentionally added or is present at greater than 0.1 
percent (1000 ppm) by weight in the product.
165 
Subtitle G—Energy and Water 
Research Integration 
SEC. 1701. INTEGRATING ENERGY AND WATER RESEARCH. 
(a) IN GENERAL.—The Secretary of Energy shall in-
tegrate water considerations into energy research, develop-
ment, and demonstration programs and projects of the 
Department of Energy by— 
(1) advancing energy and energy efficiency 
technologies and practices that meet the objectives 
of— 
(A) minimizing freshwater withdrawal and 
consumption; 
(B) increasing water use efficiency; 
(C) utilizing nontraditional water sources 
with efforts to improve the quality of the water 
from those sources; 
(D) minimizing deleterious impacts on 
water bodies, groundwater, and waterways; and 
(E) minimizing seismic impacts; 
(2) considering the effects climate variability 
may have on water supplies and quality for energy 
generation and fuel production; and 
(3) improving understanding of the energy- 
water nexus. 
(b) STRATEGIC PLAN.—
166 
(1) IN GENERAL.—Not later than 12 months 
after the date of enactment of this Act, the Sec-
retary shall develop a strategic plan identifying the 
research, development, and demonstration needs for 
Department programs and projects to carry out sub-
section (a). The strategic plan shall include technical 
milestones for achieving and assessing progress to-
ward the objectives of subsection (a)(1). 
(2) SPECIFIC CONSIDERATIONS.—In developing 
the strategic plan, the Secretary shall consider— 
(A) new advanced cooling technologies for 
energy generation and fuel production tech-
nologies; 
(B) performance improvement of existing 
cooling technologies and cost reductions associ-
ated with using those technologies; 
(C) innovative water reuse, recovery, and 
treatment technologies in energy generation and 
fuel production, including renewable energy; 
(D) technology development for carbon 
capture and storage systems that utilize effi-
cient water use design strategies; 
(E) technologies that are life-cycle cost ef-
fective;
167 
(F) systems analysis and modeling of 
issues relating to the energy-water nexus; 
(G) technologies to treat and utilize waste-
water and produced waters discharged from oil, 
natural gas, coalbed methane, and any other 
substance to be used as an energy source; 
(H) advanced materials for the use of non-
traditional water sources for energy generation 
and fuel production; 
(I) biomass production and utilization and 
the impact on hydrologic systems; 
(J) technologies that reduce impacts on 
water from energy resource development; 
(K) energy efficient technologies for water 
distribution, treatment, supply, and collection 
systems; 
(L) technologies for energy generation 
from water distribution, treatment, supply, and 
collection systems; 
(M) the flexible operation of water infra-
structure to provide essential grid reliability 
services; 
(N) modular or energy-water microgrid 
systems that can provide energy and water re-
sources in remote or disaster recovery areas;
168 
(O) recovering energy in the form of 
biofuels, bioproducts, and biopower from munic-
ipal and industrial wastewaters, and similar or-
ganic streams; and 
(P) any other area of the energy-water 
nexus that the Secretary considers appropriate. 
(3) COLLABORATION AND NONDUPLICATION.— 
In developing the strategic plan, the Secretary shall 
coordinate and avoid duplication— 
(A) with other Federal agencies operating 
related programs, if appropriate; and 
(B) across programs and projects of the 
Department, including with those of the Na-
tional Laboratories. 
(4) 
RELEVANT
INFORMATION
AND
REC-
OMMENDATIONS.—In developing the strategic plan, 
the Secretary shall consider and incorporate, as ap-
propriate, relevant information and recommenda-
tions, including those of the National Water Avail-
ability and Use Assessment Program under section 
9508(d) of the Omnibus Public Land Management 
Act of 2009 (42 U.S.C. 10368(d)). 
(5) ADDITIONAL
PARTICIPATION.—In devel-
oping the strategic plan, the Secretary shall consult 
and coordinate with a diverse group of representa-
169 
tives from research and academic institutions, indus-
try, public utility commissions, and State and local 
governments who have expertise in technologies and 
practices relating to the energy-water nexus. 
(6) SUBMISSION TO CONGRESS.—Not later than 
12 months after the date of enactment of this Act, 
the Secretary shall submit to the Committee on 
Science, Space, and Technology of the House of 
Representatives and the Committee on Energy and 
Natural Resources of the Senate the strategic plan. 
(7) UPDATING
THE
STRATEGIC
PLAN.—Not 
later than 3 years after the date of enactment of 
this Act, and at least once every 5 years thereafter, 
the Secretary shall— 
(A) utilize relevant information produced 
by Federal Government agencies, academia, 
State, local, and tribal governments and indus-
try to update the strategic plan; 
(B) include in the updated strategic plan a 
description of the changes from the previous 
strategic plan and the rationale for such 
changes; 
(C) include a review of progress made to-
wards the milestones outlined in the previous 
strategic plan; and
170 
(D) submit the updated strategic plan to 
the Committee on Science, Space, and Tech-
nology of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate. 
(c) ADDITIONAL ACTIVITIES.—The Secretary may 
provide for such additional research, development, and 
demonstration activities as appropriate to integrate water 
considerations into the research, development, and dem-
onstration activities of the Department as described in 
subsection (a). 
SEC. 1702. ENERGY-WATER OVERSIGHT AND COORDINA-
TION. 
(a) IN GENERAL.—In carrying out the research, de-
velopment, and demonstration activities outlined in section 
1701, the Secretary, in coordination with other relevant 
Federal agencies, shall establish an Energy-Water Com-
mittee to promote and enable improved energy and water 
resource data collection, reporting, and technological inno-
vation. The Committee shall consist of— 
(1) representation from each program within 
the Department and each Federal agency that con-
ducts research related to the energy-water nexus; 
and
171 
(2) non-Federal members, including representa-
tives of research and academic institutions, State, 
local, and tribal governments, public utility commis-
sions, and industry, who have expertise in tech-
nologies, technological innovations, or practices re-
lating to the energy-water nexus. 
(b) FUNCTIONS.—The Committee shall, in carrying 
out section 1701— 
(1) make recommendations on the development 
and integration of data collection and data commu-
nication standards and protocols, including models 
and modeling results, to agencies and entities cur-
rently engaged in collecting the data for the energy- 
water nexus; 
(2) recommend ways to make improvements to 
Federal water use data to increase understanding of 
trends in energy generation and fuel production, in-
cluding non-cooling water uses; 
(3) recommend best practices for utilizing infor-
mation from existing monitoring networks to provide 
nationally uniform water and energy use and infra-
structure data; and 
(4) conduct annual technical workshops, includ-
ing at least one regional workshop annually, to fa-
cilitate information exchange among Federal, re-
172 
gional, State, local, and tribal governments and pri-
vate sector experts on technologies that encourage 
the conservation and efficient use of water and en-
ergy. 
(c) REPORTS.—Not later than 1 year after the date 
of enactment of this Act, and at least once every 2 years 
thereafter, the Committee, through the Secretary, shall 
transmit to Congress a report on its findings and activities 
under this section. 
(d) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—Except as otherwise provided in this sec-
tion, the Federal Advisory Committee Act (5 U.S.C. App.) 
shall apply to the Committee. 
SEC. 1703. RULE OF CONSTRUCTION. 
Notwithstanding any other provision of law, nothing 
in this part shall be construed to require State, tribal, or 
local governments to provide additional data for Federal 
purposes, or to take any action that may result in an in-
creased financial burden to such governments by restrict-
ing the use of water by such governments. 
SEC. 1704. COORDINATION AND NONDUPLICATION. 
To the maximum extent practicable, the Secretary 
shall coordinate activities under this part with other pro-
grams of the Department and other Federal research pro-
grams.
173 
SEC. 1705. DEFINITIONS. 
In this part: 
(1) 
COMMITTEE.—The 
term 
‘‘Committee’’ 
means the Energy-Water Committee established 
under section 1702(a). 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(3) ENERGY-WATER
NEXUS.—The term ‘‘en-
ergy-water nexus’’ means the energy required to pro-
vide reliable water supplies and the water required 
to provide reliable energy supplies throughout the 
United States. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
Subtitle H—Other Matters 
SEC. 1801. MODIFICATIONS TO THE CEILING FAN ENERGY 
CONSERVATION STANDARD. 
(a) IN GENERAL.—Section 325(ff)(6) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(ff)(6)) is 
amended by adding at the end the following: 
‘‘(C)(i) Large-diameter ceiling fans manufactured on 
or after January 21, 2020, shall— 
‘‘(I) not be required to meet minimum ceiling 
fan efficiency in terms of ratio of the total airflow 
to the total power consumption as described in the 
final rule titled ‘Energy Conservation Program: En-
174 
ergy Conservation Standards for Ceiling Fans’ (82 
Fed. Reg. 6826 (January 19, 2017)); and 
‘‘(II) have a CFEI greater than or equal to— 
‘‘(aa) 1.00 at high speed; and 
‘‘(bb) 1.31 at 40 percent speed or the 
nearest speed that is not less than 40 percent 
speed. 
‘‘(ii) For purposes of this subparagraph, the term 
‘CFEI’ means the Fan Energy Index for large-diameter 
ceiling fans, calculated in accordance with ANSI/AMCA 
Standard 208–18 titled ‘Calculation of the Fan Energy 
Index’, with the following modifications: 
‘‘(I) Using an Airflow Constant (Q0) of 26,500 
cubic feet per minute. 
‘‘(II) Using a Pressure Constant (P0) of 0.0027 
inches water gauge. 
‘‘(III) Using a Fan Efficiency Constant (η0) of 
42 percent.’’. 
(b) REVISION.—For purposes of section 325(m) of 
the Energy Policy and Conservation Act (42 U.S.C. 
6295(m)), 
the 
standard 
established 
in 
section 
325(ff)(6)(C) of such Act (as added by subsection (a) of 
this section) shall be treated as if such standard was 
issued on January 19, 2017.
175 
SEC. 1802. SMART ENERGY AND WATER EFFICIENCY PRO-
GRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a municipality; 
(B) a water district; and 
(C) any other entity that provides water, 
wastewater, or water reuse services, including a 
joint water and power authority. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(3) SMART ENERGY AND WATER EFFICIENCY 
PROGRAM.—The term ‘‘smart energy and water effi-
ciency program’’ or ‘‘program’’ means the program 
established under subsection (b). 
(b) SMART ENERGY AND WATER EFFICIENCY PRO-
GRAM.— 
(1) IN GENERAL.—The Secretary shall establish 
and carry out a smart energy and water efficiency 
program in accordance with this section. 
(2) ELIGIBLE PROJECTS.—In carrying out the 
smart energy and water efficiency program, the Sec-
retary shall award grants to eligible entities to carry 
out projects that implement advanced and innovative 
technology-based solutions that will improve the en-
176 
ergy or water efficiency of water, wastewater, or 
water reuse systems to— 
(A) help eligible entities make significant 
progress in conserving water, conserving energy, 
or reducing the operating costs of such systems; 
(B) support the implementation of innova-
tive processes or the installation of advanced 
automated systems that provide real-time data 
on energy and water; or 
(C) improve predictive maintenance of 
water, wastewater, or water reuse systems 
through the use of Internet-connected tech-
nologies, such as sensors, intelligent gateways, 
or security embedded in hardware. 
(3) PROJECT SELECTION.— 
(A) IN
GENERAL.—The Secretary shall 
make competitive, merit-reviewed grants under 
the program to not fewer than 3, but not more 
than 5, eligible entities. 
(B) SELECTION CRITERIA.—In selecting an 
eligible entity to receive a grant under the pro-
gram, the Secretary shall consider— 
(i) energy and cost savings anticipated 
to result from the project;
177 
(ii) the innovative nature, commercial 
viability, and reliability of the technology 
to be used; 
(iii) the degree to which the project 
integrates innovative sensors, software, 
hardware, 
analytics, 
and 
management 
tools; 
(iv) the anticipated cost-effectiveness 
of the project in terms of energy savings, 
water savings or reuse, and infrastructure 
costs averted; 
(v) whether the technology can be de-
ployed in a variety of geographic regions 
and the degree to which the technology can 
be implemented on a smaller or larger 
scale, including whether the technology can 
be implemented by other types of eligible 
entities; and 
(vi) whether implementation of the 
project will be complete within 5 years. 
(C) APPLICATIONS.— 
(i) IN
GENERAL.—Subject to clause 
(ii), an eligible entity seeking a grant 
under the program shall submit to the Sec-
retary an application at such time, in such
178 
manner, and containing such information 
as the Secretary determines to be nec-
essary. 
(ii) CONTENTS.—An application under 
clause (i) shall, at a minimum, include— 
(I) a description of the project; 
(II) a description of the tech-
nology to be used in the project; 
(III) the anticipated results, in-
cluding energy and water savings, of 
the project; 
(IV) a comprehensive budget for 
the project; and 
(V) the number of households or 
customers that are served by the eligi-
ble entity and will benefit from the 
project. 
(4) ADMINISTRATION.— 
(A) IN
GENERAL.—Not later than 300 
days after the date of enactment of this Act, 
the Secretary shall select grant recipients under 
this section. 
(B) EVALUATIONS.—The Secretary shall 
annually for 5 years carry out an evaluation of
179 
each project for which a grant is provided 
under this section that— 
(i) evaluates the progress and effects 
of the project; and 
(ii) assesses the degree to which the 
project can be replicated in other regions, 
systems, and situations. 
(C) TECHNICAL ASSISTANCE.—On the re-
quest of a grant recipient, the Secretary shall 
provide technical assistance to the grant recipi-
ent to carry out the project. 
(D) BEST
PRACTICES.—The Secretary 
shall make available to the public— 
(i) a copy of each evaluation carried 
out under subparagraph (B); and 
(ii) a description of any best practices 
identified by the Secretary as a result of 
those evaluations. 
(E) REPORT
TO
CONGRESS.—Not later 
than the date on which the Secretary completes 
the last evaluation required under subparagraph 
(B), the Secretary shall submit to Congress a 
report containing the results of each evaluation 
carried out under such subparagraph.
180 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $15,000,000 to carry out 
this section, to remain available until expended. 
SEC. 1803. ENERGY EFFICIENCY AND CONSERVATION 
BLOCK GRANT PROGRAM. 
(a) PURPOSE.—Section 542(b)(1) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 
17152(b)(1)) is amended— 
(1) in subparagraph (A), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (B), by striking the semi-
colon and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) diversifies energy supplies, including 
by facilitating and promoting the use of alter-
native fuels;’’. 
(b) USE OF FUNDS.—Section 544(9) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 
17154(9)) is amended to read as follows: 
‘‘(9) deployment of energy distribution tech-
nologies that significantly increase energy efficiency 
or expand access to alternative fuels, including— 
‘‘(A) distributed resources; 
‘‘(B) district heating and cooling systems; 
and
181 
‘‘(C) infrastructure for delivering alter-
native fuels;’’. 
(c) COMPETITIVE GRANTS.—Section 546(c)(2) of the 
Energy Independence and Security Act of 2007 (42 
U.S.C. 17156(c)(2)) is amended by inserting ‘‘, including 
projects to expand the use of alternative fuels’’ before the 
period at the end. 
(d) FUNDING.—Section 548(a) of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 17158(a)) 
is amended to read as follows: 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) GRANTS.—There is authorized to be ap-
propriated to the Secretary for the provision of 
grants under the program $3,500,000,000 for each 
of fiscal years 2021 through 2025. 
‘‘(2) ADMINISTRATIVE
COSTS.—There is au-
thorized to be appropriated to the Secretary for ad-
ministrative expenses of the program $35,000,000 
for each of fiscal years 2021 through 2025.’’. 
(e) TECHNICAL AMENDMENTS.—Section 543 of the 
Energy Independence and Security Act of 2007 (42 
U.S.C. 17153) is amended— 
(1) in subsection (c), by striking ‘‘subsection 
(a)(2)’’ and inserting ‘‘subsection (a)(3)’’; and
182 
(2) in subsection (d), by striking ‘‘subsection 
(a)(3)’’ and inserting ‘‘subsection (a)(4)’’. 
SEC. 1804. ENERGY EFFICIENT PUBLIC BUILDINGS. 
(a) GRANTS.—Section 125(a) of the Energy Policy 
Act of 2005 (42 U.S.C. 15822(a)) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘Standard 90.1 of the 
American Society of Heating, Refrigerating, 
and Air-Conditioning Engineers,’’ after ‘‘the 
International Energy Conservation Code,’’; and 
(B) by striking ‘‘; or’’ and inserting a 
semicolon; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) through benchmarking programs to enable 
use of building performance data to evaluate the 
performance of energy efficiency investments over 
time.’’. 
(b) ASSURANCE OF IMPROVEMENT.—Section 125 of 
the Energy Policy Act of 2005 (42 U.S.C. 15822) is 
amended by redesignating subsections (b) and (c) as sub-
sections (c) and (d), respectively, and inserting after sub-
section (a) the following: 
‘‘(b) ASSURANCE OF IMPROVEMENT.—
183 
‘‘(1) VERIFICATION.—A State agency receiving 
a grant for activities described in paragraph (1) or 
(2) of subsection (a) shall ensure, as a condition of 
eligibility for assistance pursuant to such grant, that 
a unit of local government receiving such assistance 
obtain third-party verification of energy efficiency 
improvements in each public building with respect to 
which such assistance is used. 
‘‘(2) GUIDANCE.—The Secretary may provide 
guidance to State agencies to comply with paragraph 
(1). In developing such guidance, the Secretary shall 
consider available third-party verification tools for 
high-performing buildings and available third-party 
verification tools for energy efficiency retrofits.’’. 
(c) ADMINISTRATION.—Section 125(c) of the Energy 
Policy Act of 2005, as so redesignated, is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘State energy offices receiving grants’’ and 
inserting ‘‘A State agency receiving a grant’’; 
(2) in paragraph (1), by striking ‘‘; and’’ and 
inserting a semicolon; 
(3) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following:
184 
‘‘(3) ensure that all laborers and mechanics em-
ployed by contractors and subcontractors in the per-
formance of construction, alteration, or repair work 
financed in whole or in part with assistance received 
pursuant to this section shall be paid wages at rates 
not less than those prevailing on projects of a simi-
lar character in the locality, as determined by the 
Secretary of Labor in accordance with subchapter 
IV of chapter 31 of title 40, United States Code 
(and with respect to such labor standards, the Sec-
retary of Labor shall have the authority and func-
tions set forth in Reorganization Plan Numbered 14 
of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
3145 of title 40, United States Code).’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
125(d) of the Energy Policy Act of 2005, as so redesig-
nated, is amended by striking ‘‘$30,000,000 for each of 
fiscal 
years 
2006 
through 
2010’’ 
and 
inserting 
‘‘$100,000,000 for each of fiscal years 2021 through 
2025’’. 
SEC. 1805. SMART BUILDINGS. 
(a) DEFINITIONS.—In this section: 
(1) 
FRONTLINE
COMMUNITY.—The 
term 
‘‘frontline community’’ means a community with sig-
nificant representation of communities of color, low-
185 
income communities, or Tribal and indigenous com-
munities, that experiences, or is at risk of experi-
encing, higher or more adverse human health or en-
vironmental effects. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(3) SMART BUILDING.—The term ‘‘smart build-
ing’’ means a building, or collection of buildings, 
with an energy system that— 
(A) is flexible and automated in its energy 
demand and usage in response to changes asso-
ciated with the environment, occupant behav-
iors, building conditions, and other events; 
(B) has monitoring, diagnostics, control, 
and communication connectivity that enables 
analysis and control of energy consumption and 
generation; 
(C) has a systems-based approach to inte-
grating the overall building operations for con-
trol of energy demand, generation, and storage; 
(D) has the ability to share information 
with utilities or other third-party entities, as 
appropriate in order to coordinate building en-
ergy assets to support energy system reliability 
and resilience;
186 
(E) supports the health and safety of occu-
pants; or 
(F) incorporates cybersecurity protections. 
(b) FEDERAL SMART BUILDING PROGRAM.— 
(1) ESTABLISHMENT.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary shall, in consultation with the Administrator 
of General Services, establish a program to be 
known as the ‘‘Federal Smart Building Program’’— 
(A) to implement smart building tech-
nology; and 
(B) to demonstrate the costs and benefits 
of smart buildings. 
(2) SELECTION.— 
(A) IN GENERAL.—The Secretary shall co-
ordinate the selection of not fewer than 1 build-
ing from among each of several key Federal 
agencies, as described in paragraph (4), to com-
pose an appropriately diverse set of smart 
buildings based on size, type, and geographic lo-
cation. 
(B) INCLUSION OF COMMERCIALLY OPER-
ATED BUILDINGS.—In making selections under 
subparagraph (A), the Secretary may include
187 
buildings that are owned by the Federal Gov-
ernment but are commercially operated. 
(3) TARGETS.—Not later than 18 months after 
the date of enactment of this Act, the Secretary 
shall establish targets for the number of smart 
buildings to be commissioned and evaluated by key 
Federal agencies by 3 years and 6 years after the 
date of enactment of this Act. 
(4) FEDERAL
AGENCY
DESCRIBED.—The key 
Federal agencies referred to paragraph (2)(A) shall 
include buildings operated by— 
(A) the Department of the Army; 
(B) the Department of the Navy; 
(C) the Department of the Air Force; 
(D) the Department of Energy; 
(E) the Department of the Interior; 
(F) the Department of Veterans Affairs; 
and 
(G) the General Services Administration. 
(5) REQUIREMENT.—In implementing the pro-
gram established under this subsection, the Sec-
retary shall leverage existing financing mechanisms, 
including energy savings performance contracts, util-
ity energy service contracts, and annual appropria-
tions.
188 
(6) EVALUATION.—Using the guidelines of the 
Federal Energy Management Program relating to 
whole-building 
evaluation, 
measurement, 
and 
verification, the Secretary shall evaluate the costs 
and benefits of the buildings selected under para-
graph (2), including an identification of— 
(A) 
which 
advanced 
building 
tech-
nologies— 
(i) are most cost-effective; and 
(ii) show the most promise for— 
(I) increasing building energy 
savings; 
(II) increasing service perform-
ance to building occupants; 
(III) reducing environmental im-
pacts; and 
(IV) establishing cybersecurity; 
and 
(B) any other information the Secretary 
determines to be appropriate. 
(7) AWARDS.—The Secretary may expand 
awards made under the Federal Energy Manage-
ment Program and the Better Building Challenge to 
recognize specific agency achievements in accel-
erating the adoption of smart building technologies.
189 
(c) SURVEY OF PRIVATE SECTOR SMART BUILD-
INGS.— 
(1) SURVEY.—The Secretary shall conduct a 
survey of privately owned smart buildings through-
out the United States, including commercial build-
ings, laboratory facilities, hospitals, multifamily resi-
dential buildings, and buildings owned by nonprofit 
organizations and institutions of higher education. 
(2) SELECTION.—From among the smart build-
ings surveyed under paragraph (1), the Secretary 
shall select not fewer than 1 building each from an 
appropriate range of building sizes, types, and geo-
graphic locations. 
(3) EVALUATION.—Using the guidelines of the 
Federal Energy Management Program relating to 
whole-building 
evaluation, 
measurement, 
and 
verification, the Secretary shall evaluate the costs 
and benefits of the buildings selected under para-
graph (2), including an identification of— 
(A) which advanced building technologies 
and systems— 
(i) are most cost-effective; and 
(ii) show the most promise for— 
(I) increasing building energy 
savings;
190 
(II) increasing service perform-
ance to building occupants; 
(III) reducing environmental im-
pacts; and 
(IV) establishing cybersecurity; 
and 
(B) any other information the Secretary 
determines to be appropriate. 
(d) LEVERAGING EXISTING PROGRAMS.— 
(1) BETTER BUILDINGS PROGRAM.— 
(A) BETTER
BUILDINGS
CHALLENGE.— 
The Secretary shall carry out a program to pro-
vide technical assistance for entities to set and 
achieve goals to improve energy efficiency, re-
duce greenhouse gas emissions and emissions of 
other pollutants, and reduce embodied carbon 
in commercial and residential buildings through 
the commercial application of relevant tools and 
technologies. In carrying out this program, the 
Secretary shall— 
(i) identify opportunities for opti-
mizing energy efficiency, demand manage-
ment, and increasing emissions reductions 
in buildings to achieve net-zero energy or
191 
energy-generating 
buildings, 
including 
through electrification; 
(ii) promote the commercial applica-
tion of emerging concepts and technologies 
in buildings; 
(iii) share best practices from success-
ful projects; and 
(iv) ensure a diversity of entities re-
ceive technical assistance, including low-in-
come and rural communities. 
(B) BETTER BUILDINGS ACCELERATOR.— 
In carrying out the program under subpara-
graph (A), the Secretary shall develop smart 
building accelerators that will demonstrate in-
novative policies and approaches to accelerate 
the transition to smart buildings in the public, 
institutional, laboratory, industrial, commercial, 
and residential sectors, including in rural, low- 
income, and multi-family housing. 
(C) BUILDING
AMERICA
PROGRAM.—The 
Secretary shall carry out a research, develop-
ment, and demonstration program on tools, 
technologies, and techniques to reduce energy 
use and emissions in new and existing residen-
192 
tial buildings, in partnership with industry enti-
ties. 
(2) RESEARCH AND DEVELOPMENT.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
the Secretary shall establish a program of re-
search, development, demonstration, and com-
mercial application to develop cost-effective 
tools, technologies, and practices that reduce 
greenhouse gas emissions or other pollutants 
from, increase the energy efficiency of, and in-
crease beneficial electrification of new and exist-
ing commercial and residential buildings, in-
cluding retrofits and electrification of existing 
buildings, rural housing, low-income housing, 
multi-family housing, and manufactured hous-
ing. 
(B) ENERGY EQUITY.—The Secretary shall 
carry out research to identify barriers to and 
strategies for expanding the use of low-emis-
sions and energy-efficient building technologies 
and appliances in the buildings where members 
of frontline communities live and work. Re-
search topics covered under this subparagraph 
may include—
193 
(i) barriers to the use of technologies 
developed under this subsection in rural, 
low-income, and multi-family housing; 
(ii) causes of and solutions for inequi-
table energy costs in residential buildings 
based on race or class; and 
(iii) solutions that enable energy-effi-
cient homes while keeping housing afford-
able for low-income communities. 
(C) NON-TECHNICAL BARRIERS.—The Sec-
retary shall support research and analysis to 
identify non-technical barriers, and methods to 
address such barriers, to enable greater use of 
tools and technologies developed under this sub-
section in new and existing commercial and res-
idential buildings, including rural housing, low- 
income housing, and multi-family housing. 
(D) ADVANCED BUILDING CONSTRUCTION, 
DESIGN, AND RETROFITS.—As part of the pro-
gram established under subparagraph (A), the 
Secretary shall support research and develop-
ment on technologies and methodologies to en-
able advanced building design, construction 
techniques, and retrofits. In supporting re-
194 
search and development under subparagraph 
(A), the Secretary shall— 
(i) include considerations of a full 
lifecycle analysis during building design, 
manufacturing, and construction, including 
environmental considerations, embodied en-
ergy and embodied carbon in building ma-
terials, transportation of materials, and 
implications for final disposal and recy-
cling; 
(ii) incorporate principles of resilient 
building design and construction through 
the consideration of regional differences 
in— 
(I) climate, season, temperature, 
and precipitation in consultation with 
the National Oceanic and Atmospheric 
Administration; and 
(II) fuel mix and energy produc-
tion, including through the develop-
ment of vulnerability assessments and 
analysis of building resilience for pro-
posed building designs, building sites, 
or existing buildings;
195 
(iii) support research and development 
on the use of various potential energy 
sources and distributed generation to sup-
ply cooling, heating, and power for build-
ings, including integrated and adaptive 
control solutions that address traditional 
building energy management and emerging 
technologies, such as batteries, thermal 
storage, and combined heat and power, 
compatible with all sizes of buildings; 
(iv) support the development and inte-
gration of technologies that enable low- 
emissions and energy-efficient or advanced 
buildings, such as heating, ventilation, air- 
conditioning, and refrigeration systems and 
other appliances that are cost-competitive 
over the life of the product as compared to 
conventional technologies and that incor-
porate considerations of retrofitting and 
ease of installation, using a whole-systems 
and whole-buildings approach; 
(v) support the development and inte-
gration of cost-effective next-generation 
window and building envelope technologies
196 
that incorporate considerations of retro-
fitting and ease of installation; 
(vi) support development of alter-
native working fluids and refrigerants for 
use in buildings equipment to reduce their 
impact on climate change; and 
(vii) research methods to enhance 
comfort and health of individual occupants 
in buildings that also result in improved 
energy efficiency and emissions reductions, 
including indoor air pollution. 
(E) GRID-INTERACTIVE
BUILDINGS.—As 
part of the program established under subpara-
graph (A), the Secretary shall support research 
and development to enable components of com-
mercial and residential buildings to serve as dy-
namic energy loads and energy resources to en-
able smart building designs. In particular, the 
Secretary shall focus on the development of— 
(i) advanced building energy manage-
ment systems through the integration of 
sensors and advanced control technologies 
and systems that allow whole-building opti-
mization and integration with other energy 
systems, including photovoltaics, electric
197 
vehicles, and energy storage technologies 
such as thermal storage; 
(ii) cost-effective sensors that enable 
monitoring of building conditions and en-
ergy load, including, as appropriate, re-
porting energy use and forecasting energy 
needs; 
(iii) improved analysis of data on the 
energy use of devices connected to build-
ings, including miscellaneous electric loads; 
(iv) advanced control technologies and 
systems that enable flexible operation of 
building components and that are capable 
of coordinating and executing energy con-
trol commands in response to signals from 
the electric grid; 
(v) flexible building components capa-
ble of reporting and modulating energy use 
in response to control commands, as ap-
propriate; 
(vi) data analysis and communication 
protocols to further systems integration, 
interoperability, and automation;
198 
(vii) building energy storage capabili-
ties to modulate peak and off-peak energy 
demand; 
(viii) distributed energy resources at 
the community- and building-level through 
localized electric grids; 
(ix) technologies to reduce energy use 
and emissions in connected communities 
and neighborhoods located in a variety of 
climates, including by enabling transactive 
energy concepts; and 
(x) cybersecurity practices that pro-
tect privacy and personally identifiable in-
formation. 
(F) MODELING AND DATA ANALYSIS.—As 
part of the program established under subpara-
graph (A), the Secretary shall support the de-
velopment of building models, including for the 
design and operation of buildings, and the anal-
ysis of relevant data to enable smart buildings. 
In particular, the Secretary shall focus on the 
development of— 
(i) advanced modeling capabilities that 
include modeling of grid interactivity, resil-
ience, and relevant behavioral, community-
199 
scale, and urban-scale activities in order 
to— 
(I) provide system-level analysis 
of new technologies, including distrib-
uted generation and storage; 
(II) evaluate system benefits such 
as emissions reductions, community 
resilience, distribution grid reliability, 
and service to underserved commu-
nities; 
(III) provide data, derived from 
both simulation and demonstration 
projects established under subpara-
graph (G), to inform decision support 
and new business models; and 
(ii) automated methods to generate 
models of proposed or existing buildings; 
(iii) methods to address barriers, in-
cluding non-technical barriers, to commer-
cial application of building models for 
building operation; 
(iv) methods to analyze data collected 
by technologies in smart buildings and col-
lections of buildings;
200 
(v) artificial intelligence and machine 
learning approaches to building energy 
management; and 
(vi) advanced data collection and mon-
itoring methods for utilities at the building 
level and component level. 
(G) 
DEMONSTRATION
PROGRAM.—The 
Secretary shall establish a competitive grant 
program for the demonstration of advanced 
building technologies and systems developed 
under the program established under subpara-
graph (A) that— 
(i) focuses on a range of new and ex-
isting building types, including low-income 
housing, rural housing and agricultural 
buildings, multi-family residential build-
ings, manufactured housing, and small and 
medium-sized commercial buildings; and 
(ii) includes community-scale dem-
onstration projects. 
(H) TESTING AND VALIDATION.—In car-
rying out the program under subparagraph (A), 
the Secretary shall— 
(i) support testing and validation ac-
tivities to improve the commercial applica-
201 
tion of relevant tools, technologies, and 
methods, including the use of testbeds to 
determine cost savings and performance in 
realistic scenarios; and 
(ii) support analysis, testing, and vali-
dation to accurately determine energy sav-
ings, emissions reductions, cost-savings, 
and other potential impacts of the highest- 
performing appliances that are commer-
cially available. 
(I) PARTNERSHIPS.—In carrying out the 
activities authorized in this subsection, the Sec-
retary shall work with utilities, State and local 
energy offices, building owners, technology de-
velopers, contractors, building developers, and 
other relevant entities to guide the focus areas 
of the activities of the program carried out 
under subparagraph (A) and to encourage the 
commercial application of these technologies by 
building owners, operators, developers, occu-
pants, contractors, or other relevant entities. 
(J) COORDINATION.—In carrying out this 
subsection, the Secretary shall coordinate across 
all relevant program offices at the Department 
of Energy, including the Office of Electricity,
202 
the Advanced Manufacturing Office, the Vehicle 
Technologies Office, the Geothermal Tech-
nologies Office, and the Office of Cybersecurity, 
Energy Security, and Emergency Response. 
(e) REPORT.—Not later than 2 years after the date 
of enactment of this Act, and every 2 years thereafter until 
a total of 3 reports have been made, the Secretary shall 
submit to the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Energy and 
Commerce and the Committee on Science, Space, and 
Technology of the House of Representatives a report on— 
(1) the establishment of the Federal Smart 
Building Program and the evaluation of Federal 
smart buildings under subsection (b); 
(2) the survey and evaluation of private sector 
smart buildings under subsection (c); and 
(3) any recommendations of the Secretary to 
further accelerate the transition to smart buildings. 
SEC. 1806. WATER HEATERS. 
(a) DEFINITION OF WATER HEATER.—Section 321 
of the Energy Policy and Conservation Act (42 U.S.C. 
6291) is amended by striking paragraph (27) and insert-
ing the following: 
‘‘(27) WATER HEATER.—
203 
‘‘(A) IN GENERAL.—The term ‘water heat-
er’ means a product that utilizes oil, gas, or 
electricity to heat potable water for use outside 
the heater on demand, including— 
‘‘(i) storage type units that heat and 
store water at a thermostatically controlled 
temperature, including— 
‘‘(I) gas storage water heaters 
with an input of 75,000 Btu per hour 
or less, including heat pump type 
units that meet the current and volt-
age limits under clause (iii); 
‘‘(II) oil storage water heaters 
with an input of 105,000 Btu per 
hour or less; and 
‘‘(III) electric storage water heat-
ers with an input of 12 kilowatts or 
less, including heat pump type units 
that meet the current and voltage lim-
its under clause (iii); 
‘‘(ii)(I) instantaneous type units that 
heat water but contain not more than 1 
gallon of water per 4,000 Btu per hour of 
input; and 
‘‘(II) in the case of—
204 
‘‘(aa) 
gas 
instantaneous 
water heaters, have an input of 
200,000 Btu per hour or less and 
are designed and marketed to 
provide outlet hot water at a 
thermostatically controlled tem-
perature of less than 180 degrees 
Fahrenheit; 
‘‘(bb) 
oil 
instantaneous 
water heaters, have an input of 
210,000 Btu per hour or less; 
and 
‘‘(cc) electric instantaneous 
water heaters, have an input of 
12 kilowatts or less; 
‘‘(iii) heat pump type units (including 
add-on heat pumps, integrated heat pumps 
with storage, split-system heat pumps that 
consist of a separate heat pump and stor-
age tank that are designed and marketed 
to operate together, and all ancillary equip-
ment, such as fans, storage tanks, pumps, 
electric resistance heating elements, or 
controls necessary for the device to per-
form its function) that—
205 
‘‘(I) have a maximum current 
rating of 24 amperes at a voltage not 
greater than 250 volts; and 
‘‘(II) are designed to transfer 
thermal energy from 1 temperature 
level to a different temperature level 
for the purpose of heating water; 
‘‘(iv) solar thermal-assisted electric 
storage units; and 
‘‘(v) solar thermal-assisted fossil fuel 
storage units. 
‘‘(B) EXCLUSIONS.—Unless otherwise de-
termined by the Secretary under section 
325(e)(7)(B), the term ‘water heater’ does not 
include— 
‘‘(i) electric storage type units de-
scribed in subparagraph (A)(i)(III) that— 
‘‘(I) are designed and marketed 
exclusively for commercial building 
applications; and 
‘‘(II)(aa) 
are 
designed, 
con-
structed, 
inspected, 
tested, 
and 
stamped in accordance with Section 
IV, Part HLW, or Section X of the 
Boiler and Pressure Vessel Code pro-
206 
mulgated by the American Society of 
Mechanical Engineers; 
‘‘(bb) exclusively use 3-phase 
electricity, are designed and mar-
keted to provide outlet hot water 
at a thermostatically controlled 
temperature 
of 
180 
degrees 
Fahrenheit or greater, and oper-
ate only at rated voltages of not 
less than 208 volts; or 
‘‘(cc) exclusively use single- 
phase electricity, are designed 
and marketed to provide outlet 
hot water at a thermostatically 
controlled temperature of 180 de-
grees Fahrenheit or greater, and 
operate only at a rated voltage of 
277 volts; or 
‘‘(ii) gas storage type units described 
in subparagraph (A)(i)(I) that— 
‘‘(I) are designed and marketed 
exclusively for commercial building 
applications; and 
‘‘(II) are designed, constructed, 
inspected, tested, and stamped in ac-
207 
cordance with Section IV, Part HLW, 
of the Boiler and Pressure Vessel 
Code promulgated by the American 
Society of Mechanical Engineers. 
‘‘(C) MULTI-INPUT
ELECTRIC
STORAGE 
WATER HEATER.—The term ‘multi-input elec-
tric storage water heater’ means a product 
that— 
‘‘(i) is not a heat pump type unit de-
scribed in subparagraph (A)(iii); and 
‘‘(ii) is designed, marketed, or shipped 
from the manufacturer with a capability of 
operating or being configured to operate at 
inputs greater than, equal to, or below 12 
kilowatts. 
‘‘(D) SOLAR THERMAL-ASSISTED ELECTRIC 
STORAGE
UNIT.—The term ‘solar thermal-as-
sisted electric storage unit’ means a unit that— 
‘‘(i) has an input of 12 kilowatts or 
less; 
‘‘(ii) has at least 2 dedicated ports in 
addition to the ports used for introduction 
and delivery of potable water for the sup-
ply and return of water or a heat transfer 
fluid heated externally by solar panels;
208 
‘‘(iii) does not have electric resistance 
heating elements located in the lower half 
of the storage tank; 
‘‘(iv) has the temperature sensing de-
vice that controls the auxiliary electric heat 
source located in the upper half of the 
storage tank; and 
‘‘(v) has a ratio of less than 0.70 for 
the proportion that the certified first hour 
rating bears to the nominal volume of the 
storage tank.’’. 
(b) STANDARDS
FOR WATER HEATERS.—Section 
325(e) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(e)) is amended by adding at the end the fol-
lowing: 
‘‘(7) EXEMPTED WATER HEATERS.— 
‘‘(A) DEFINITION
OF
EXEMPTED
WATER 
HEATER.—In this paragraph, the term ‘exempt-
ed water heater’ means a water heater de-
scribed in section 321(27)(B). 
‘‘(B) MONITORING OF SHIPMENTS.— 
‘‘(i) SUBMISSION OF DATA.—Not later 
than 90 days after the date of enactment 
of this paragraph, and not later than May 
1 of each year thereafter, the Secretary
209 
shall require each manufacturer of water 
heaters to report to the Secretary the 
quantity of exempted water heaters, in 
each category of exempted water heaters, 
that the manufacturer shipped in the pre-
ceding calendar year. 
‘‘(ii) 
CONFIDENTIALITY
REQUIRE-
MENTS.—The Secretary shall treat ship-
ment data reported by manufacturers 
under clause (i) as confidential business in-
formation subject to appropriate confiden-
tial data safeguards. 
‘‘(iii) PUBLICATION.— 
‘‘(I) 
BASELINE
SHIPMENT 
DATA.—Not later than 120 days after 
the date of enactment of this para-
graph, the Secretary shall publish an 
analysis of the data collected under 
clause (i) for public comment, subject 
to 
applicable 
confidentiality 
safe-
guards, which shall serve as the base-
line data for the analysis described in 
subclause (II)(bb). 
‘‘(II) 
PERCENTAGE
GROWTH 
FROM
BASELINE.—Not later than
210 
June 1 of each year after the year in 
which the Secretary publishes data 
under subclause (I), the Secretary 
shall publish— 
‘‘(aa) an analysis of the data 
collected under clause (i) for pub-
lic comment, subject to applicable 
confidentiality safeguards; 
‘‘(bb) the percentage growth 
in the number of shipments with-
in each category of exempted 
water heater relative to the base-
line data described in subclause 
(I); and 
‘‘(cc) the determination of 
the Secretary as to whether the 
number of shipments for any cat-
egory of exempted water heater 
have increased by more than 25 
percent compared to the baseline 
data for that category. 
‘‘(C) INCLUSION
OF
EXEMPTED
WATER 
HEATERS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall, by regulation, revise the definition of
211 
water heater under section 321(27) to in-
clude an exempted water heater under sub-
paragraph (A) of that section if the Sec-
retary makes an affirmative determination 
under subparagraph (B)(iii)(II)(cc) for 
that category of exempted water heater. 
‘‘(ii) ENERGY CONSERVATION STAND-
ARDS.—Any category of exempted water 
heater included in the definition of water 
heater under clause (i) shall be required to 
meet the energy conservation standards 
applicable to an electric or gas storage type 
water heater under this part. 
‘‘(iii) EFFECTIVE
DATE.—For any 
category of exempted water heater, the 
Secretary shall carry out clause (i), and re-
quire compliance under clause (ii), not 
later than 1 year after the date on which 
the Secretary makes the affirmative deter-
mination described in clause (i) for that 
category. 
‘‘(8) STANDARDS FOR MULTI-INPUT ELECTRIC 
STORAGE WATER HEATERS.—A multi-input electric 
storage water heater shall be subject to the test pro-
212 
cedures, energy conservation standards, labeling (if 
applicable), and certification requirements— 
‘‘(A) for electric storage water heaters 
under this part; and 
‘‘(B) for storage water heaters under part 
C. 
‘‘(9) TECHNOLOGY-NEUTRAL
ELECTRIC
STOR-
AGE WATER HEATER STANDARDS.—Notwithstanding 
any other provision of this Act, the Secretary may 
not create separate product classes for heat pump 
water heaters and other electric storage water heat-
ers.’’. 
(c) DEFINITION OF COMMERCIAL WATER HEATER.— 
Section 340 of the Energy Policy and Conservation Act 
(42 U.S.C. 6311) is amended by striking paragraph (12) 
and inserting the following: 
‘‘(12)(A) STORAGE WATER HEATER.— 
‘‘(i) IN GENERAL.—The term ‘storage 
water heater’ means a water heater that— 
‘‘(I) heats and stores water with-
in an appliance at a thermostatically 
controlled temperature for delivery on 
demand; and 
‘‘(II) is not a water heater de-
scribed in section 321(27)(A).
213 
‘‘(ii) EXCLUSION.—The term ‘storage 
water heater’ does not include a unit with 
an input rating of 4,000 Btu per hour or 
more per gallon of stored water. 
‘‘(B) INSTANTANEOUS WATER HEATER.— 
The term ‘instantaneous water heater’ means a 
water heater that— 
‘‘(i) has an input rating of at least 
4,000 Btu per hour per gallon of stored 
water; and 
‘‘(ii) is not a water heater described in 
section 321(27)(A). 
‘‘(C) UNFIRED
HOT
WATER
STORAGE 
TANK.—The term ‘unfired hot water storage 
tank’ means a tank used to store water that is 
heated externally.’’. 
(d) LABELING REQUIREMENTS.—Section 344 of the 
Energy Policy and Conservation Act (42 U.S.C. 6315) is 
amended by adding at the end the following: 
‘‘(l) LABELS
FOR CERTAIN COMMERCIAL WATER 
HEATERS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, water heaters described in 
section 321(27)(B) shall be required to bear a per-
manent label, applied at the point of manufacture,
214 
that, subject to paragraph (3), satisfies the require-
ments described in paragraph (2). 
‘‘(2) REQUIREMENTS.—A label required under 
paragraph (1) shall— 
‘‘(A) be made of material not adversely af-
fected by water; 
‘‘(B) be attached by means of nonwater- 
soluble adhesive; and 
‘‘(C) bear the following notice printed in 
16.5 point Arial Narrow Bold font: ‘IMPOR-
TANT INFORMATION: Exclusively intended 
for commercial installations. This model is not 
certified by the U.S. Department of Energy as 
a residential water heater. This model does not 
have a certified First Hour or UEF rating.’. 
‘‘(3) REVISION UPON PETITION.—On receipt of 
a petition by an interested party, the Secretary may 
conduct a rulemaking to revise the scope and re-
quirements of the label required under paragraph 
(1).’’. 
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect 180 days after 
the date of enactment of this Act.
215 
SEC. 1807. REBATE PROGRAM FOR ENERGY EFFICIENT 
ELECTROTECHNOLOGIES. 
(a) DEFINITIONS.—In this section: 
(1) 
ENERGY
EFFICIENT 
ELECTROTECHNOLOGY.—The term ‘‘energy efficient 
electrotechnology’’ means— 
(A) any electric technology that, when used 
instead of a fossil fuel-fired technology in an in-
dustrial process results in— 
(i) energy efficiency, or production ef-
ficiency, gains; or 
(ii) environmental benefits; or 
(B) any electric technology that, when used 
instead of a fossil fuel-fired technology in an in-
dustrial application results in— 
(i) improvements in on-site logistics or 
material handling; and 
(ii) energy efficiency gains and envi-
ronmental benefits. 
(2) QUALIFIED ENTITY.—The term ‘‘qualified 
entity’’ means an industrial or manufacturing facil-
ity, commercial building, or a utility or energy serv-
ice company. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy.
216 
(b) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this Act, the Secretary shall es-
tablish a program to provide rebates in accordance with 
this section. 
(c) REBATES.—The Secretary may provide a rebate 
under the program established under subsection (b) to the 
owner or operator of a qualified entity for expenditures 
made by the owner or operator of the qualified entity for 
an energy efficient electrotechnology that is used to re-
place a fossil fuel-fired technology. 
(d) REQUIREMENTS.—To be eligible to receive a re-
bate under this section, the owner or operator of a quali-
fied entity shall submit to the Secretary an application 
demonstrating— 
(1) that the owner or operator of the qualified 
entity 
purchased 
an 
energy 
efficient 
electrotechnology; 
(2) the energy efficiency gains, production effi-
ciency gains, and environmental benefits, as applica-
ble, resulting from use of the energy efficient 
electrotechnology— 
(A) as measured by a qualified professional 
or 
verified 
by 
the 
energy 
efficient 
electrotechnology manufacturer, as applicable; 
or
217 
(B) as determined by the Secretary; 
(3) that the fossil fuel-fired technology replaced 
by the energy efficient electrotechnology has been 
permanently decommissioned and scrapped; and 
(4) that all laborers and mechanics who were 
involved in the installation or maintenance, or con-
struction or renovation to support such installation 
or 
maintenance, 
of 
the 
energy 
efficient 
electrotechnology, or the decommissioning and scrap-
ping of the fossil fuel-fired technology replaced by 
the energy efficient electrotechnology, and who were 
employed by the owner or operator of the qualified 
entity, or contractors or subcontractors at any tier 
thereof, were paid wages at rates not less than those 
prevailing on projects of a character similar in the 
locality as determined by the Secretary of Labor in 
accordance with subchapter IV of chapter 31 of title 
40, United States Code (commonly referred to as 
the ‘‘Davis-Bacon Act’’). 
(e) LIMITATION.—The Secretary may not provide a 
rebate under the program established under subsection (b) 
to an owner or operator of a qualified entity for expendi-
tures made by the owner or operator of the qualified entity 
for an energy efficient electrotechnology that is used to 
replace a fossil fuel-fired technology if the Secretary deter-
218 
mines that such expenditures were necessary for the owner 
or operator to comply with Federal or State law. 
(f) AUTHORIZED AMOUNT OF REBATE.—The amount 
of a rebate provided under this section shall be not less 
than 30 percent, and not more than 50 percent, of the 
overall cost of the energy efficient electrotechnology, in-
cluding installation costs. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$100,000,000 for each of fiscal years 2021 through 2025. 
SEC. 1808. REMOVING BARRIERS TO EFFICIENCY. 
(a) IN GENERAL.—Section 327 of the Energy Policy 
and Conservation Act (42 U.S.C. 6297) is amended by 
adding at the end the following: 
‘‘(h) SUSPENSION
OF PREEMPTION.—This section 
shall not apply to a covered product during any period 
that— 
‘‘(1) begins on the date that is 8 years after the 
date on which the energy conservation standard was 
established under section 325 for the covered prod-
uct; and 
‘‘(2) ends on the effective date of an energy 
conservation standard established after the date de-
scribed in paragraph (1) under section 325 for the 
covered product, that is equivalent to, or more strin-
219 
gent than, the standard described in such para-
graph. 
‘‘(i) NO PREEMPTION ABSENT A FEDERAL STAND-
ARD.— 
‘‘(1) APPLICATION.—Notwithstanding any other 
provision of this part, this section does not apply to 
any State regulation insofar as the State regulation 
applies to any product not subject to an energy con-
servation standard established under section 325. 
‘‘(2) COMPLIANCE PERIOD.—Any State regula-
tion prescribed or enacted for a covered product be-
fore the date on which an energy conservation stand-
ard is established under section 325 for the covered 
product shall not be preempted until the effective 
date of an equivalent or more stringent energy con-
servation standard under section 325 for the covered 
product.’’. 
(b) ASHRAE PRODUCTS.—Section 345(b)(2) of the 
Energy Policy and Conservation Act (42 U.S.C. 
6316(b)(2)) is amended by adding at the end the fol-
lowing: 
‘‘(E) Notwithstanding subparagraph (A), a standard 
prescribed or established under section 342(a) shall not 
supersede any State or local regulation concerning the en-
ergy efficiency or energy use of a product for which a
220 
standard is prescribed or established pursuant to such sec-
tion during any period that— 
‘‘(i) begins on the date that is 8 years after the 
date on which such standard was prescribed or es-
tablished; and 
‘‘(ii) ends on the effective date of a standard 
prescribed or established after the date described in 
clause (i) under section 342(a) for the product, that 
is equivalent to, or more stringent than, the stand-
ard described in such clause.’’. 
SEC. 1809. HOME WILDFIRE RISK REDUCTION REBATE PRO-
GRAM. 
(a) IN GENERAL.—The Secretary of Energy shall es-
tablish a program, to be known as the ‘‘Home Wildfire 
Risk Reduction Rebate Program’’, to provide rebates to 
homeowners to defray the costs of retrofitting an existing 
home to be wildfire-resistant. 
(b) AMOUNT OF REBATE.—In carrying out the Home 
Wildfire Risk Reduction Rebate Program, the Secretary 
shall provide a homeowner a rebate of up to— 
(1) $10,000 for the retrofitting of roof features, 
including the roof covering, vents, soffit and fascia, 
and gutters, to be wildfire-resistant;
221 
(2) $20,000 for the retrofitting of exterior wall 
features, including sheathing and siding, doors, and 
windows, to be wildfire-resistant; 
(3) $5,000 for the retrofitting of a deck, includ-
ing the decking, framing, and fascia, to be wildfire- 
resistant; and 
(4) $1,500 for the retrofitting of near-home 
landscaping, including mulch and landscape fabric in 
a 5-foot zone immediately around the home and 
under all attached decks, to be wildfire-resistant. 
(c) INCLUSION.—For purposes of this section, the 
cost of a retrofit shall include all costs associated with the 
retrofit, including the purchase and installation of wild-
fire-resistant products and components. 
(d) LIMITATION.—The amount of the rebate under 
this section shall not exceed 50 percent of the cost of the 
retrofit. 
(e) PROCESS.— 
(1) FORMS; REBATE
PROCESSING
SYSTEM.— 
Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with the 
Secretary of the Treasury, shall— 
(A) develop and make available rebate 
forms required to receive a rebate under this 
section;
222 
(B) establish a Federal rebate processing 
system which shall serve as a database and in-
formation technology system that will allow 
homeowners to submit required rebate forms; 
and 
(C) establish a website that provides infor-
mation on rebates provided under this section, 
including how to determine whether particular 
measures qualify for a rebate under this section 
and how to receive such a rebate. 
(2) SUBMISSION OF FORMS.—In order to re-
ceive a rebate under this section, a homeowner shall 
submit the required rebate forms, and any other in-
formation the Secretary determines appropriate, to 
the Federal rebate processing system established 
under paragraph (1). 
(f) MODERATE-INCOME HOUSEHOLDS.— 
(1) CERTIFICATIONS.—The Secretary shall es-
tablish procedures for certifying that the household 
of a homeowner is moderate-income for purposes of 
this section. 
(2) 
LIMITATION
FOR
MODERATE
INCOME 
HOUSEHOLDS.—Notwithstanding subsection (d), for 
households of homeowners that are certified pursu-
ant to the procedures established under paragraph
223 
(1) as moderate-income, the amount of the rebate 
under this section shall not exceed 80 percent of the 
cost of the retrofit. 
(3) OUTREACH.—The Secretary shall establish 
procedures to— 
(A) provide information to households of 
homeowners that are certified pursuant to the 
procedures established under paragraph (1) as 
moderate-income regarding other programs and 
resources relating to assistance for upgrades of 
homes, including the weatherization assistance 
program implemented under part A of title IV 
of the Energy Conservation and Production Act 
(42 U.S.C. 6861 et seq.); and 
(B) refer such households, as applicable, to 
such other programs and resources. 
(g) DEFINITION.—In this section, the term ‘‘wildfire- 
resistant’’ means meeting or exceeding the specifications 
of the International Code Council’s 2018 International 
Wildland-Urban Interface Code (IWUIC). 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$500,000,000 for each of fiscal years 2021 through 2025.
224 
TITLE II—RENEWABLE ENERGY 
Subtitle A—Energy Storage 
PART 1—CONSIDERATION OF ENERGY STORAGE 
SYSTEMS 
SEC. 2101. CONSIDERATION OF ENERGY STORAGE SYS-
TEMS. 
(a) IN GENERAL.—Section 111(d) of the Public Util-
ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 
is amended by adding at the end the following: 
‘‘(20) CONSIDERATION
OF
ENERGY
STORAGE 
SYSTEMS.—Each State shall consider requiring that, 
as part of a supply side resource planning process, 
an electric utility of the State demonstrate to the 
State that the electric utility considered an invest-
ment in energy storage systems based on appro-
priate factors, including— 
‘‘(A) total costs and normalized life cycle 
costs; 
‘‘(B) cost effectiveness; 
‘‘(C) improved reliability; 
‘‘(D) security; and 
‘‘(E) system performance and efficiency.’’. 
(b) TIME LIMITATIONS.—Section 112(b) of the Pub-
lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 
2622(b)) is amended by adding at the end the following:
225 
‘‘(7)(A) Not later than 1 year after the date of 
enactment of this paragraph, each State regulatory 
authority (with respect to each electric utility for 
which the State regulatory authority has ratemaking 
authority) and each nonregulated electric utility 
shall commence the consideration referred to in sec-
tion 111, or set a hearing date for consideration, 
with respect to the standard established by para-
graph (20) of section 111(d). 
‘‘(B) Not later than 2 years after the date of 
enactment of this paragraph, each State regulatory 
authority (with respect to each electric utility for 
which the State regulatory authority has ratemaking 
authority), and each nonregulated electric utility, 
shall complete the consideration, and shall make the 
determination, referred to in section 111 with re-
spect to the standard established by paragraph (20) 
of section 111(d).’’. 
(c) FAILURE TO COMPLY.—Section 112(c) of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
2622(c)) is amended by adding at the end the following: 
‘‘In the case of the standard established by paragraph (20) 
of section 111(d), the reference contained in this sub-
section to the date of enactment of this Act shall be
226 
deemed to be a reference to the date of enactment of such 
paragraph (20).’’. 
(d) PRIOR STATE ACTIONS.—Section 112 of the Pub-
lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 
2622) is amended by adding at the end the following: 
‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 
(c) of this section shall not apply to the standard estab-
lished by paragraph (20) of section 111(d) in the case of 
any electric utility in a State if, before the enactment of 
this subsection— 
‘‘(1) the State has implemented for such utility 
the standard concerned (or a comparable standard); 
‘‘(2) the State regulatory authority for such 
State or relevant nonregulated electric utility has 
conducted a proceeding to consider implementation 
of the standard concerned (or a comparable stand-
ard) for such utility; or 
‘‘(3) the State legislature has voted on the im-
plementation of such standard (or a comparable 
standard) for such utility.’’. 
(e) PRIOR
AND PENDING PROCEEDINGS.—Section 
124 of the Public Utility Regulatory Policies Act of 1978 
(16 U.S.C. 2634) is amended by adding at the end the 
following: ‘‘In the case of the standard established by 
paragraph (20) of section 111(d), the reference contained
227 
in this section to the date of the enactment of this Act 
shall be deemed to be a reference to the date of enactment 
of such paragraph (20).’’. 
SEC. 2102. COORDINATION OF PROGRAMS. 
To the maximum extent practicable, the Secretary of 
Energy shall ensure that the funding and administration 
of the different offices within the Grid Modernization Ini-
tiative of the Department of Energy and other programs 
conducting energy storage research are coordinated and 
streamlined. 
PART 2—ENERGY STORAGE AND MICROGRID 
PROJECTS 
SEC. 2121. DEFINITIONS. 
(a) DEFINITIONS.—In this part: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a rural electric cooperative; or 
(B) a nonprofit organization working with 
at least 6 rural electric cooperatives. 
(2) ENERGY
STORAGE.—The term ‘‘energy 
storage’’ means the use of equipment or facilities re-
lating to the electric grid that are capable of absorb-
ing and converting energy, as applicable, storing the 
energy for a period of time, and dispatching the en-
ergy, that—
228 
(A) use mechanical, electrochemical, bio-
chemical, or thermal processes, to convert and 
store energy that was generated at an earlier 
time for use at a later time; 
(B) use mechanical, electrochemical, bio-
chemical, or thermal processes to convert and 
store energy generated from mechanical proc-
esses that would otherwise be wasted for deliv-
ery at a later time; or 
(C) convert and store energy in an electric, 
thermal, or gaseous state for consumption at a 
later time in a manner that avoids the need to 
use electricity or other fuel sources at that later 
time, as is offered by grid-enabled water heat-
ers, building heaters or coolers, electric vehicles, 
mini-pumped hydroelectric facilities, electrolysis 
processes that make hydrogen for transpor-
tation or industrial needs, or any other load 
shaping mechanism that includes energy stor-
age. 
(3) ISLAND.—The term ‘‘island mode’’ means a 
mode in which a distributed generator or energy 
storage device continues to power a location in the 
absence of electric power from the primary source.
229 
(4) MICROGRID.—The term ‘‘microgrid’’ means 
an interconnected system of loads and distributed 
energy resources, including generators and energy 
storage devices, within clearly defined electrical 
boundaries that— 
(A) acts as a single controllable entity with 
respect to the electric grid; and 
(B) can connect to, and disconnect from, 
the electric grid to operate in both grid-con-
nected mode and island mode. 
(5) RENEWABLE ENERGY SOURCE.—The term 
‘‘renewable energy source’’ has the meaning given 
the term in section 609(a) of the Public Utility Reg-
ulatory Policies Act of 1978 (7 U.S.C. 918c(a)). 
(6) RURAL ELECTRIC COOPERATIVE.—The term 
‘‘rural electric cooperative’’ means an electric coop-
erative (as defined in section 3 of the Federal Power 
Act (16 U.S.C. 796)) that sells electric energy to 
persons in rural areas. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy.
230 
SEC. 2122. ENERGY STORAGE AND MICROGRID ASSISTANCE 
PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall establish 
a program under which the Secretary shall— 
(1) provide grants to eligible entities under sub-
section (c); 
(2) provide technical assistance to eligible enti-
ties under subsection (d); and 
(3) disseminate information to eligible entities 
on— 
(A) the activities described in subsections 
(c)(1) and (d); and 
(B) potential and existing energy storage 
and microgrid projects. 
(b) COOPERATIVE AGREEMENT.—The Secretary may 
enter into a cooperative agreement with an eligible entity 
to carry out subsection (a). 
(c) GRANTS.— 
(1) IN GENERAL.—The Secretary shall award 
grants to eligible entities for identifying, evaluating, 
designing, and demonstrating energy storage and 
microgrid projects that utilize energy from renewable 
energy sources. 
(2) APPLICATION.—To be eligible to receive a 
grant under paragraph (1), an eligible entity shall
231 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary may require. 
(3) USE OF GRANT.—An eligible entity that re-
ceives a grant under paragraph (1)— 
(A) shall use the grant— 
(i) to conduct feasibility studies to as-
sess the potential for implementation or 
improvement 
of 
energy 
storage 
or 
microgrid projects; 
(ii) to analyze and implement strate-
gies to overcome barriers to energy storage 
or microgrid project implementation, in-
cluding financial, contracting, siting, and 
permitting barriers; 
(iii) to conduct detailed engineering of 
energy storage or microgrid projects; 
(iv) to perform a cost-benefit analysis 
with respect to an energy storage or 
microgrid project; 
(v) to plan for both the short- and 
long-term inclusion of energy storage or 
microgrid projects into the future develop-
ment plans of the eligible entity; or
232 
(vi) to purchase and install necessary 
equipment, materials, and supplies for 
demonstration of emerging technologies; 
and 
(B) may use the grant to obtain technical 
assistance from experts in carrying out the ac-
tivities described in subparagraph (A). 
(4) CONDITION.—As a condition of receiving a 
grant under paragraph (1), an eligible entity shall— 
(A) implement a public awareness cam-
paign, in coordination with the Secretary, about 
the project implemented under the grant in the 
community in which the eligible entity is lo-
cated, which campaign shall include providing 
projected environmental benefits achieved under 
the project, where to find more information 
about the program established under this sec-
tion, and any other information the Secretary 
determines necessary; 
(B) submit to the Secretary, and make 
available to the public, a report that de-
scribes— 
(i) any energy cost savings and envi-
ronmental benefits achieved under the 
project; and
233 
(ii) the results of the project, includ-
ing quantitative assessments to the extent 
practicable, associated with each activity 
described in paragraph (3)(A); and 
(C) create and disseminate tools and re-
sources that will benefit other rural electric co-
operatives, which may include cost calculators, 
guidebooks, handbooks, templates, and training 
courses. 
(5) COST-SHARE.—Activities under this sub-
section shall be subject to the cost-sharing require-
ments of section 988 of the Energy Policy Act of 
2005 (42 U.S.C. 16352). 
(d) TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—In carrying out the program 
established under subsection (a), the Secretary shall 
provide eligible entities with technical assistance re-
lating to— 
(A) identifying opportunities for energy 
storage and microgrid projects; 
(B) understanding the technical and eco-
nomic characteristics of energy storage or 
microgrid projects; 
(C) understanding financing alternatives; 
(D) permitting and siting issues;
234 
(E) obtaining case studies of similar and 
successful energy storage or microgrid projects; 
(F) reviewing and obtaining computer soft-
ware for assessment, design, and operation and 
maintenance of energy storage or microgrid sys-
tems; and 
(G) understanding and utilizing the reli-
ability and resiliency benefits of energy storage 
and microgrid projects. 
(2) EXTERNAL
CONTRACTS.—In carrying out 
paragraph (1), the Secretary may enter into con-
tracts with third-party experts, including engineer-
ing, finance, and insurance experts, to provide tech-
nical assistance to eligible entities relating to the ac-
tivities described in such paragraph, or other rel-
evant activities, as determined by the Secretary. 
SEC. 2123. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this part $5,000,000 for each of fiscal 
years 2021 through 2025. 
(b) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the amount appropriated under subsection (a) for 
each fiscal year shall be used for administrative expenses.
235 
Subtitle B—Dam Safety 
SEC. 2201. HYDROELECTRIC PRODUCTION INCENTIVES 
AND EFFICIENCY IMPROVEMENTS. 
(a) HYDROELECTRIC PRODUCTION INCENTIVES.— 
Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 
15881) is amended— 
(1) in subsection (b), by striking paragraph (1) 
and inserting the following: 
‘‘(1) QUALIFIED HYDROELECTRIC FACILITY.— 
The term ‘qualified hydroelectric facility’ means a 
turbine or other generating device owned or solely 
operated by a non-Federal entity— 
‘‘(A) that generates hydroelectric energy 
for sale; and 
‘‘(B)(i) that is added to an existing dam or 
conduit; or 
‘‘(ii)(I) that has a generating capacity of 
not more than 10 megawatts; 
‘‘(II) for which the non-Federal entity has 
received a construction authorization from the 
Federal Energy Regulatory Commission, if ap-
plicable; and 
‘‘(III) that is constructed in a region in 
which there is inadequate electric service, as de-
termined by the Secretary.’’;
236 
(2) in subsection (c), by striking ‘‘10’’ and in-
serting ‘‘22’’; 
(3) in subsection (e)(2), by striking ‘‘section 
29(d)(2)(B)’’ and inserting ‘‘section 45K(d)(2)(B)’’; 
(4) in subsection (f), by striking ‘‘20’’ and in-
serting ‘‘32’’; and 
(5) in subsection (g), by striking ‘‘each of the 
fiscal years 2006 through 2015’’ and inserting ‘‘each 
of fiscal years 2019 through 2036’’. 
(b) HYDROELECTRIC EFFICIENCY IMPROVEMENT.— 
Section 243(c) of the Energy Policy Act of 2005 (42 
U.S.C. 15882(c)) is amended by striking ‘‘each of the fis-
cal years 2006 through 2015’’ and inserting ‘‘each of fis-
cal years 2019 through 2036’’. 
SEC. 2202. FERC BRIEFING ON EDENVILLE DAM AND SAN-
FORD DAM FAILURES. 
Not later than 90 days after the date on which the 
Forensic Investigation Team submits to the Federal En-
ergy Regulatory Commission the reports on the root 
causes, and any other contributing causes, of the Edenville 
Dam and Sanford Dam failures, the Federal Energy Reg-
ulatory Commission shall conduct a briefing for, and sub-
mit a report summarizing such briefing to, the Committee 
on Energy and Commerce of the House of Representatives 
that includes—
237 
(1) an explanation of the findings of the Foren-
sic Investigation Team reports on the root causes, 
and any other contributing causes, of the Edenville 
Dam and Sanford Dam failures; 
(2) a determination of whether the dam safety 
procedures of the Federal Energy Regulatory Com-
mission should be revised in light of the lessons 
learned from such reports; 
(3) a determination of whether additional safety 
inspections of dams should be required after large 
storms; 
(4) a determination of whether the safety re-
quirements and testing protocols for dams ade-
quately account for the projected effects of climate 
change and atmospheric rivers on dams; and 
(5) a determination of whether additional ac-
tions should be taken to ensure the safety of dams 
that operate without an emergency spillway. 
SEC. 2203. DAM SAFETY CONDITIONS. 
Section 10 of the Federal Power Act (16 U.S.C. 803) 
is amended by adding at the end the following: 
‘‘(k) That the dam and other project works meet the 
Commission’s dam safety requirements and that the li-
censee shall continue to manage, operate, and maintain 
the dam and other project works in a manner that ensures
238 
dam safety and public safety under the operating condi-
tions of the license.’’. 
SEC. 2204. DAM SAFETY REQUIREMENTS. 
Section 15 of the Federal Power Act (16 U.S.C. 808) 
is amended by adding at the end the following: 
‘‘(g) The Commission may issue a new license under 
this section only if the Commission determines that the 
dam and other project works covered by the license meet 
the Commission’s dam safety requirements and that the 
licensee can continue to manage, operate, and maintain 
the dam and other project works in a manner that ensures 
dam safety and public safety under the operating condi-
tions of the new license.’’. 
SEC. 2205. VIABILITY PROCEDURES. 
The Federal Energy Regulatory Commission shall es-
tablish procedures to assess the financial viability of an 
applicant for a license under the Federal Power Act to 
meet applicable dam safety requirements and to operate 
the dam and project works under the license. 
SEC. 2206. FERC DAM SAFETY TECHNICAL CONFERENCE 
WITH STATES. 
(a) TECHNICAL CONFERENCE.—Not later than April 
1, 2021, the Federal Energy Regulatory Commission, act-
ing through the Office of Energy Projects, shall hold a
239 
technical conference with the States to discuss and provide 
information on— 
(1) dam maintenance and repair; 
(2) Risk Informed Decision Making (RIDM); 
(3) climate and hydrological regional changes 
that may affect the structural integrity of dams; and 
(4) high hazard dams. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$1,000,000 for fiscal year 2021. 
(c) STATE DEFINED.—In this section, the term 
‘‘State’’ has the meaning given such term in section 3 of 
the Federal Power Act (16 U.S.C. 796). 
SEC. 2207. REQUIRED DAM SAFETY COMMUNICATIONS BE-
TWEEN FERC AND STATES. 
(a) IN GENERAL.—The Commission, acting through 
the Office of Energy Projects, shall notify a State within 
which a project is located when— 
(1) the Commission issues a finding, following 
a dam safety inspection, that requires the licensee 
for such project to take actions to repair the dam 
and other project works that are the subject of such 
finding; 
(2) after a period of 5 years starting on the 
date a finding under paragraph (1) is issued, the li-
240 
censee has failed to take actions to repair the dam 
and other project works, as required by such finding; 
and 
(3) the Commission initiates a non-compliance 
proceeding or otherwise takes steps to revoke a li-
cense issued under section 4 of the Federal Power 
Act (16 U.S.C. 797) due to the failure of a licensee 
to take actions to repair a dam and other project 
works. 
(b) NOTICE UPON REVOCATION, SURRENDER, OR IM-
PLIED SURRENDER OF A LICENSE.—If the Commission 
issues an order to revoke a license or approve the sur-
render or implied surrender of a license under the Federal 
Power Act (16 U.S.C. 792 et seq.), the Commission shall 
provide to the State within which the project that relates 
to such license is located— 
(1) all records pertaining to the structure and 
operation of the applicable dam and other project 
works, including, as applicable, any dam safety in-
spection reports by independent consultants, speci-
fications for required repairs or maintenance of such 
dam and other project works that have not been 
completed, and estimates of the costs for such re-
pairs or maintenance;
241 
(2) all records documenting the history of main-
tenance or repair work for the applicable dam and 
other project works; 
(3) information on the age of the dam and 
other project works and the hazard classification of 
the dam and other project works; 
(4) the most recent assessment of the condition 
of the dam and other project works by the Commis-
sion; 
(5) as applicable, the most recent hydrologic in-
formation used to determine the potential maximum 
flood for the dam and other project works; and 
(6) the results of the most recent risk assess-
ment completed on the dam and other project works. 
(c) DEFINITION.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(2) LICENSEE.—The term ‘‘licensee’’ has the 
meaning given such term in section 3 of the Federal 
Power Act (16 U.S.C. 796). 
(3) PROJECT.—The term ‘‘project’’ has the 
meaning given such term in section 3 of the Federal 
Power Act (16 U.S.C. 796).
242 
SEC. 
2208. 
KLAMATH 
HYDROELECTRIC 
SETTLEMENT 
AGREEMENT TRIBAL FAIRNESS. 
(a) DEFINITIONS.—In this section: 
(1) FACILITY.—The term ‘‘facility’’ means 1 or 
more of the following hydropower facilities (includ-
ing appurtenant works licensed to PacifiCorp) within 
the jurisdictional boundary of the Klamath Hydro-
electric Project, FERC Project No. 2082 (as appli-
cable): 
(A) Iron Gate Dam. 
(B) Copco No. 1 Dam. 
(C) Copco No. 2 Dam. 
(D) J.C. Boyle Dam. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Energy Regulatory Commission. 
(3) 
HARMED
INDIAN
TRIBES.—The 
term 
‘‘harmed Indian Tribes’’ means— 
(A) the Klamath Tribes; and 
(B) such other Indian Tribes that are lo-
cated downstream of the Klamath Hydroelectric 
Project. 
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304).
243 
(5) LICENSEE.—The term ‘‘licensee’’ means the 
owner and licensee of the facility (as of the date of 
enactment of this Act). 
(b) IN GENERAL.—In light of the specific facts and 
circumstances of the Klamath Hydroelectric Settlement 
Agreement that anticipated dam removal to commence in 
2020, and to mitigate the historic and ongoing damages 
caused by the facility to aquatic and Tribal trust re-
sources, the Commission shall not issue any annual license 
for the facility under section 15(a)(1) of the Federal 
Power Act (16 U.S.C. 808(a)(1)) unless the Commission 
has provided harmed Indian Tribes and the States of Cali-
fornia and Oregon the opportunity to recommend terms 
and conditions under section 4(e), section 10, and section 
18 of the Federal Power Act (16 U.S.C. 797(e), 803, and 
811), including any conditions providing for fishways or 
fish recovery. 
(c) STUDIES.—Upon approval of an annual license 
pursuant to subsection (b), the Commission shall require 
the licensee to provide to the Commission the following: 
(1) A study describing the impacts of the facil-
ity during the previous year on instream flows, water 
use, water temperature, and water quality. 
(2) A study describing the impacts of the facil-
ity during the previous year on fish and wildlife re-
244 
sources, including river fisheries, reservoir fisheries, 
anadromous fish, and any marine species listed as a 
threatened species or endangered species under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) including Southern Resident killer whales 
(Orcinus orca). 
(3) A study describing the impacts of the facil-
ity during the previous year on sediment transport. 
(4) A study forecasting the impacts of climate 
change to power generation at the facility. 
(5) A certification from the California Depart-
ment of Water Resources, Division of Safety of 
Dams, following one or more comprehensive studies 
of the stability and safety of the facility that are 
funded by the licensee, that each element of the fa-
cility meets all current Federal and State seismic, 
stability, and safety standards and that there will be 
no significant risk of dam failure during the term of 
the license. 
(6) A report, to be made publicly available by 
the Commission, on the financial status of the facil-
ity, including— 
(A) an analysis comparing the cost of 
power generated at the facility to revenue at-
245 
tributable to the facility during the preceding 
year; 
(B) a projection of the cost of power gen-
erated at the facility and the revenue attrib-
utable to the facility during the 5-year period 
beginning on the date of the license; 
(C) an explanation of whether the financial 
terms of the Klamath Hydroelectric Settlement 
Agreement, as amended, have been met; and 
(D) a detailed description of the annual 
costs associated with the facility that are passed 
through to the ratepayers of the licensee. 
(d) EXCEPTION.—The requirements of this section 
shall not apply to any entity filing a surrender application 
as specified in the Commission’s order relating to the facil-
ity dated July 16, 2020 (172 FERC 61,062). 
(e) LEGAL CLAIMS.—Nothing in this section shall be 
construed to adversely affect any legal claims of harmed 
Indian Tribes, including claims for violations of any Exec-
utive Order pertaining to one or more Indian Tribes, any 
treaty between the United States and one or more Indian 
Tribes, or for damages caused by the facility under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
or the Marine Mammal Protection Act of 1972 (16 U.S.C.
246 
1361 et seq.). Such claims shall not be limited by any stat-
ute of limitations. 
Subtitle C—Distributed Renewable 
Energy 
SEC. 2301. DEFINITIONS. 
In this subtitle: 
(1) AUTHORITY
HAVING
JURISDICTION.—The 
term ‘‘authority having jurisdiction’’ means any 
State, county, local, or Tribal office or official with 
jurisdiction— 
(A) to issue permits; 
(B) to conduct inspections to enforce the 
requirements of a relevant code or standard; or 
(C) to approve the installation of, or the 
equipment and materials used in the installa-
tion of, qualifying distributed energy systems. 
(2) 
DISTRIBUTED
ENERGY
SYSTEM
IN-
STALLER.—The term ‘‘distributed energy system in-
staller’’ means an entity or individual— 
(A) with knowledge and skills relating to— 
(i) the construction and operation of 
the equipment used in qualifying distrib-
uted energy systems; and 
(ii) the installation of qualifying dis-
tributed energy systems; and
247 
(B) that has employed safety training to 
recognize and avoid the hazards involved in con-
structing, operating, and installing qualifying 
distributed energy systems. 
(3) QUALIFYING
DISTRIBUTED
ENERGY
SYS-
TEM.—The term ‘‘qualifying distributed energy sys-
tem’’ means any equipment or materials installed in, 
on, or near a residential, commercial, or industrial 
building to support onsite or local energy use, in-
cluding— 
(A) to generate electricity from distributed 
renewable energy sources, including from— 
(i) solar photovoltaic modules or simi-
lar solar energy technologies; 
(ii) wind power systems; and 
(iii) hydrogen electrolysis and fuel cell 
systems; 
(B) to store and discharge electricity from 
batteries with a capacity of at least 2 kilowatt 
hours; 
(C) to charge a plug-in electric drive vehi-
cle at a power rate of at least 2 kilowatts; 
(D) to refuel a fuel cell electric vehicle; or
248 
(E) to generate electricity from fuel cell 
systems with a capacity of at least 2 kilowatt 
hours. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 2302. ESTABLISHMENT OF PROGRAM TO FACILITATE 
VOLUNTARY STREAMLINED PROCESS FOR 
LOCAL PERMITTING OF QUALIFYING DIS-
TRIBUTED ENERGY SYSTEMS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary, in consulta-
tion with trade associations and other entities representing 
distributed energy system installers and organizations rep-
resenting State, local, and Tribal governments engaged in 
permitting, shall establish and carry out a program to es-
tablish a voluntary streamlined permitting process for 
local permitting and inspection of qualifying distributed 
energy systems, in concert with relevant national con-
sensus-based codes and specifications and standards ref-
erenced therein. 
(b) ACTIVITIES OF THE PROGRAM.—In carrying out 
the program established under subsection (a), the Sec-
retary shall— 
(1) facilitate the development and maintenance 
of a streamlined permitting process that includes a
250 
(5) take any other action to expedite, stand-
ardize, streamline, or improve the process for per-
mitting, inspecting, or interconnecting qualifying 
distributed energy systems. 
(c) SUPPORT SERVICES.—The Secretary shall— 
(1) provide technical assistance to authorities 
having jurisdiction, any administrator of a national 
online permitting platform, government software 
providers, and any other entity determined appro-
priate by the Secretary in carrying out the activities 
described in subsection (b); and 
(2) provide such financial assistance as the Sec-
retary determines appropriate from any funds appro-
priated to carry out this subtitle. 
SEC. 2303. DISTRIBUTED ENERGY OPPORTUNITY COMMU-
NITIES. 
(a) IN GENERAL.—The Secretary shall recognize and 
certify certain communities as ‘‘Distributed Energy Op-
portunity Communities’’. 
(b) QUALIFICATIONS.—The Secretary may certify a 
State, local community, or Tribe as a ‘‘Distributed Energy 
Opportunity Community’’ if that State, local community, 
or Tribe has adopted and implemented the model expe-
dited permit-to-build protocol established under the pro-
gram established under section 2302.
251 
(c) PROCESS.—The Secretary may confer a certifi-
cation under subsection (a) through existing programs of 
the Department of Energy. 
(d) GRANTS.—The Secretary may award competitive 
grants, using funds appropriated to the Secretary to carry 
out this subtitle, to encourage communities to adopt the 
model expedited permit-to-build protocol and the stand-
ardized inspection process established under the program 
established under section 2302. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary to carry out this subtitle $20,000,000 for each of 
fiscal years 2021 through 2025. 
Subtitle D—Low-Income Solar 
SEC. 2401. GRANT PROGRAM FOR SOLAR INSTALLATIONS 
LOCATED IN, OR THAT SERVE, LOW-INCOME 
AND UNDERSERVED AREAS. 
(a) DEFINITIONS.—In this section: 
(1) BENEFICIARY.—The term ‘‘beneficiary’’ 
means a low-income household or a low-income 
household in an underserved area. 
(2) COMMUNITY
SOLAR
FACILITY.—The term 
‘‘community solar facility’’ means a solar generating 
facility that—
252 
(A) through a voluntary program, has mul-
tiple subscribers that receive financial benefits 
that are directly attributable to the facility; 
(B) has a nameplate rating of 5 megawatts 
AC or less; and 
(C) is located in the utility distribution 
service territory of subscribers. 
(3) COMMUNITY
SOLAR
SUBSCRIPTION.—The 
term ‘‘community solar subscription’’ means a share 
in the capacity, or a proportional interest in the elec-
tricity generation, of a community solar facility. 
(4) COVERED
FACILITY.—The term ‘‘covered 
facility’’ means— 
(A) a community solar facility— 
(i) that is located in an underserved 
area; or 
(ii) at least 50 percent of the capacity 
of which is reserved for low-income house-
holds; 
(B) a solar generating facility located at a 
residence of a low-income household; or 
(C) a solar generating facility located at a 
multi-family affordable housing complex. 
(5) COVERED
STATE.—The term ‘‘covered 
State’’ means a State with processes in place to en-
253 
sure that covered facilities deliver financial benefits 
to low-income households. 
(6) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a nonprofit organization that provides 
services to low-income households or multi-fam-
ily affordable housing complexes; 
(B) a developer, owner, or operator of a 
community solar facility that reserves a portion 
of the capacity of the facility for subscribers 
who are members of low-income households or 
for low-income households that otherwise finan-
cially benefit from the facility; 
(C) a covered State, or political subdivision 
thereof; 
(D) an Indian Tribe or a tribally owned 
electric utility; 
(E) a Native Hawaiian community-based 
organization; 
(F) any other national or regional entity 
that has experience developing or installing 
solar generating facilities for low-income house-
holds that maximize financial benefits to those 
households; and
254 
(G) an electric cooperative or municipal 
electric utility (as such terms are defined in sec-
tion 3 of the Federal Power Act). 
(7) ELIGIBLE
INSTALLATION
PROJECT.—The 
term ‘‘eligible installation project’’ means a project 
to install a covered facility in a covered State. 
(8) ELIGIBLE PLANNING PROJECT.—The term 
‘‘eligible planning project’’ means a project to carry 
out pre-installation activities for the development of 
a covered facility in a covered State. 
(9) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means— 
(A) an eligible planning project; or 
(B) an eligible installation project. 
(10) FEASIBILITY
STUDY.—The term ‘‘feasi-
bility study’’ means any activity to determine the 
feasibility of a specific solar generating facility, in-
cluding a customer interest assessment and a siting 
assessment, as determined by the Secretary. 
(11) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means any Indian Tribe, band, nation, or other or-
ganized group or community, including any Alaska 
Native village, Regional Corporation, or Village Cor-
poration (as defined in, or established pursuant to, 
the Alaska Native Claims Settlement Act (43 U.S.C.
255 
1601 et seq.)), that is recognized as eligible for the 
special programs and services provided by the 
United States to Indians because of their status as 
Indians. 
(12) INTERCONNECTION
SERVICE.—The term 
‘‘interconnection service’’ has the meaning given 
such term in section 111(d)(15) of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 
2621(d)(15)). 
(13) LOW-INCOME
HOUSEHOLD.—The term 
‘‘low-income household’’ means that income in rela-
tion to family size which— 
(A) is at or below 200 percent of the pov-
erty level determined in accordance with criteria 
established by the Director of the Office of 
Management and Budget, except that the Sec-
retary may establish a higher level if the Sec-
retary determines that such a higher level is 
necessary to carry out the purposes of this sec-
tion; 
(B) is the basis on which cash assistance 
payments have been paid during the preceding 
12-month period under titles IV and XVI of the 
Social Security Act (42 U.S.C. 601 et seq.,
256 
1381 et seq.) or applicable State or local law; 
or 
(C) if a State elects, is the basis for eligi-
bility for assistance under the Low-Income 
Home Energy Assistance Act of 1981 (42 
U.S.C. 8621 et seq.), provided that such basis 
is at least 200 percent of the poverty level de-
termined in accordance with criteria established 
by the Director of the Office of Management 
and Budget. 
(14) MULTI-FAMILY
AFFORDABLE
HOUSING 
COMPLEX.—The term ‘‘multi-family affordable hous-
ing complex’’ means any federally subsidized afford-
able housing complex in which at least 50 percent of 
the units are reserved for low-income households. 
(15) NATIVE HAWAIIAN COMMUNITY-BASED OR-
GANIZATION.—The term ‘‘Native Hawaiian commu-
nity-based organization’’ means any organization 
that is composed primarily of Native Hawaiians 
from a specific community and that assists in the 
social, cultural, and educational development of Na-
tive Hawaiians in that community. 
(16) PROGRAM.—The term ‘‘program’’ means 
the program established under subsection (b).
257 
(17) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
(18) SOLAR GENERATING FACILITY.—The term 
‘‘solar generating facility’’ means— 
(A) a generator that creates electricity 
from light photons; and 
(B) the accompanying hardware enabling 
that electricity to flow— 
(i) onto the electric grid; 
(ii) into a facility or structure; or 
(iii) into an energy storage device. 
(19) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, Guam, the 
Commonwealth of Puerto Rico, the Northern Mar-
iana Islands, the Virgin Islands, and American 
Samoa. 
(20) SUBSCRIBER.—The term ‘‘subscriber’’ 
means a person who— 
(A) owns a community solar subscription, 
or an equivalent unit or share of the capacity 
or generation of a community solar facility; or 
(B) financially benefits from a community 
solar facility, even if the person does not own 
a community solar subscription for the facility.
258 
(21) UNDERSERVED AREA.—The term ‘‘under-
served area’’ means— 
(A) a geographical area with low or no 
photovoltaic solar deployment, as determined by 
the Secretary; 
(B) a geographical area that has low or no 
access to electricity, as determined by the Sec-
retary; 
(C) a geographical area with an average 
annual residential retail electricity price that 
exceeds the national average annual residential 
retail electricity price (as reported by the En-
ergy Information Agency) by 50 percent or 
more; or 
(D) trust land, as defined in section 3765 
of title 38, United States Code. 
(b) ESTABLISHMENT.—The Secretary shall establish 
a program to provide financial assistance to eligible enti-
ties to— 
(1) carry out planning projects that are nec-
essary to establish the feasibility, obtain required 
permits, identify beneficiaries, or secure subscribers 
to install a covered facility; or 
(2) install a covered facility for beneficiaries in 
accordance with this section.
259 
(c) APPLICATIONS.— 
(1) IN GENERAL.—To be eligible to receive as-
sistance under the program, an eligible entity shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary may require. 
(2) INCLUSION
FOR
INSTALLATION
ASSIST-
ANCE.— 
(A) REQUIREMENTS.—For an eligible enti-
ty to receive assistance for a project to install 
a covered facility, the Secretary shall require 
the eligible entity to include— 
(i) information in the application that 
is sufficient to demonstrate that the eligi-
ble entity has obtained, or has the capacity 
to obtain, necessary permits, subscribers, 
access to an installation site, and any other 
items or agreements necessary to comply 
with an agreement under subsection (g)(1) 
and to complete the installation of the ap-
plicable covered facility; 
(ii) a description of the mechanism 
through which financial benefits will be 
distributed to beneficiaries or subscribers; 
and
260 
(iii) an estimate of the anticipated fi-
nancial benefit for beneficiaries or sub-
scribers. 
(B) 
CONSIDERATION
OF
PLANNING 
PROJECTS.—The Secretary shall consider the 
successful completion of an eligible planning 
project pursuant to subsection (b)(1) by the eli-
gible entity to be sufficient to demonstrate the 
ability of the eligible entity to meet the require-
ments of subparagraph (A)(i). 
(d) SELECTION.— 
(1) IN GENERAL.—In selecting eligible projects 
to receive assistance under the program, the Sec-
retary shall— 
(A) prioritize— 
(i) eligible installation projects that 
will result in the most financial benefit for 
subscribers, as determined by the Sec-
retary; 
(ii) eligible installation projects that 
will result in development of covered facili-
ties in underserved areas; and 
(iii) eligible projects that include ap-
prenticeship, job training, or community