measuring and documenting non-energy finan-
cial and other benefits of such buildings; 
(7) in cooperation with the Energy Information 
Administration and with utility, State, and private 
sector organizations, development and application of 
improved methods for assessing trends in the energy 
performance of the commercial buildings stock, new 
construction, and building renovations, by building 
type and region, in order to track progress toward 
the goals adopted under subsection (a); and 
(8) such otherwise authorized activities that the 
Secretary and the Director determine are necessary 
to the success of the initiative. 
SEC. 144. PUBLIC OUTREACH. 
The Director, in coordination with the Consortium, 
shall carry out public outreach to inform individuals and 
entities of the information and services available Govern-
mentwide by— 
(1) establishing and maintaining a national 
high-performance green building clearinghouse, in-
cluding on the internet, that— 
(A) identifies existing similar efforts and 
coordinates activities of common interest; and 
(B) provides information relating to high- 
performance 
green 
buildings, 
including 
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hyperlinks to internet sites that describe the ac-
tivities, information, and resources of— 
(i) the Federal Government; 
(ii) State and local governments; 
(iii) the private sector (including non-
governmental and nonprofit entities and 
organizations); and 
(iv) international organizations; 
(2) identifying and recommending educational 
resources for implementing high-performance green 
building practices, including security and emergency 
benefits and practices; 
(3) providing access to technical assistance on 
using tools and resources to make more cost-effec-
tive, energy-efficient, health-protective, and environ-
mentally beneficial decisions for constructing high- 
performance green buildings, particularly tools avail-
able to conduct life-cycle costing and life-cycle as-
sessment; 
(4) providing information on application proc-
esses for certifying a high-performance green build-
ing, including certification and commissioning; 
(5) providing technical information, market re-
search, or other forms of assistance or advice that 
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would be useful in planning and constructing high- 
performance green buildings; 
(6) using such other methods as are determined 
by the Director to be appropriate; 
(7) surveying existing research and studies re-
lating to high-performance green buildings; 
(8) coordinating activities of common interest; 
(9) developing and recommending a high-per-
formance green building practices that— 
(A) identify information and research 
needs, including the relationships between 
health, occupant productivity, and each of— 
(i) pollutant emissions from materials 
and products in the building; 
(ii) natural day lighting; 
(iii) ventilation choices and tech-
nologies; 
(iv) heating, cooling, and system con-
trol choices and technologies; 
(v) moisture control and mold; 
(vi) maintenance, cleaning, and pest 
control activities; 
(vii) acoustics; and 
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(viii) other issues relating to the 
health, comfort, productivity, and perform-
ance of occupants of the building; and 
(B) promote the development and dissemi-
nation of high-performance green building 
measurement tools that, at a minimum, may be 
used— 
(i) to monitor and assess the life-cycle 
performance of facilities (including dem-
onstration projects) built as high-perform-
ance green buildings; and 
(ii) to perform life-cycle assessments; 
(10) assisting the budget and life-cycle costing 
functions of the Office under section 145; 
(11) studying and identifying potential benefits 
of green buildings relating to security, natural dis-
aster, and emergency needs of the Federal Govern-
ment; and 
(12) supporting other research initiatives deter-
mined by the Office. 
SEC. 145. BUDGET AND LIFE-CYCLE COSTING AND CON-
TRACTING. 
The Director, in coordination with the Consortium, 
shall— 
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(1) identify, review, and analyze current budget 
and contracting practices that affect achievement of 
high-performance green buildings, including the 
identification of barriers to green building life-cycle 
costing and budgetary issues; 
(2) develop guidance and conduct training ses-
sions with budget specialists and contracting per-
sonnel from Federal agencies and budget examiners 
to apply life-cycle cost criteria to actual projects; 
(3) identify tools to aid life-cycle cost decision- 
making; and 
(4) explore the feasibility of incorporating the 
benefits of green buildings, such as security benefits, 
into a cost-budget analysis to aid in life-cycle costing 
for budget and decision making processes. 
SEC. 146. INCENTIVES. 
As soon as practicable after the date of enactment 
of this Act, the Director shall identify incentives to encour-
age the use of green buildings and related technology in 
the operations of the Federal Government, including 
through— 
(1) the provision of recognition awards; and 
(2) the maximum feasible retention of financial 
savings in the annual budgets of Federal agencies 
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for use in reinvesting in future green building initia-
tives. 
SEC. 147. FEDERAL PROCUREMENT. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Director of the Office 
of Federal Procurement Policy, in consultation with the 
Director and the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics, shall promulgate revisions 
of the applicable acquisition regulations, to take effect as 
of the date of promulgation of the revisions— 
(1) to direct any Federal procurement execu-
tives involved in the acquisition, construction, or 
major renovation (including contracting for the con-
struction or major renovation) of any facility— 
(A) to employ integrated design principles; 
(B) to improve site selection for environ-
mental and community benefits; 
(C) to optimize building and systems en-
ergy performance; 
(D) to protect and conserve water; 
(E) to enhance indoor environmental qual-
ity; and 
(F) to reduce environmental impacts of 
materials and waste flows; and 
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118 
(C) publish the information described in 
subparagraph (B), which may be disseminated 
through catalogs, trade publications, the Inter-
net, or other mechanisms, that will allow data 
center operators to assess the energy consump-
tion and potential cost savings of alternative 
data centers and data center equipment and fa-
cilities; and 
(D) not later than 1 year after the date of 
enactment of this Act, and thereafter on an on-
going basis, transmit the information described 
in subparagraph (B) to the Secretary and the 
Administrator. 
(3) Such program shall be developed and co-
ordinated by the data center efficiency organization 
described in subsection (b) according to commonly 
accepted procedures for the development of specifica-
tions, measurements, and benchmarks. 
(b) DATA CENTER EFFICIENCY ORGANIZATION.— 
Upon creation of the program under subsection (a), the 
Secretary and the Administrator shall jointly designate an 
information technology industry organization to coordi-
nate the program. Such organization, whether preexisting 
or formed specifically for the purposes of subsection (a), 
shall— 
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119 
(1) consist of interested parties that have exper-
tise in energy efficiency and in the development, op-
eration, and functionality of computer data centers, 
information technology equipment, and software, as 
well 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 in any of the areas listed in paragraph (1) 
of this subsection; 
(3) follow commonly accepted procedures for 
the development of specifications and accredited 
standards development processes; 
(4) have a mission to develop and promote en-
ergy efficiency for data centers and information 
technology; and 
(5) have the primary responsibility to oversee 
the development and publishing of the information, 
measurements, and benchmarks described in sub-
section (a) and transmission of such information to 
the Secretary and the Administrator for their adop-
tion under subsection (c). 
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120 
(c) ADOPTION OF SPECIFICATIONS.—The Secretary 
and the Administrator shall jointly, in accordance with the 
requirements of section 12(d) of the National Technology 
Transfer Advancement Act of 1995, adopt and publish the 
specifications, measurements, and benchmarks described 
in subsection (a) for use by the Federal Energy Manage-
ment Program and the Energy Star program as energy 
efficiency requirements for the purposes of those pro-
grams. 
(d) MONITORING.—The Secretary and the Adminis-
trator shall jointly monitor and evaluate the efforts to de-
velop the program described in subsection (a) and, not 
later than 3 years after the date of enactment of this Act, 
shall make a determination as to whether such program 
is consistent with the objectives of subsection (a). 
(e) ALTERNATIVE SYSTEM.—If the Secretary and the 
Administrator make a determination under subsection (d) 
that a voluntary national information program for data 
centers consistent with the objectives of subsection (a) has 
not been developed, the Secretary and the Administrator 
shall jointly, after consultation with the National Institute 
of Standards and Technology, develop, not later than 2 
years after such determination, and implement the pro-
gram under subsection (a). 
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121 
(f) PROTECTION OF PROPRIETARY INFORMATION.— 
The Secretary, the Administrator, or the data center effi-
ciency organization shall not disclose any proprietary in-
formation or trade secrets provided by any individual or 
company for the purposes of carrying out this program. 
(g) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘data center’’ means any facility 
that primarily contains electronic equipment used to 
process, store, and transmit digital information, 
which may be— 
(A) a free-standing structure; or 
(B) a facility within a larger structure, 
that utilizes environmental control equipment to 
maintain the proper conditions for the oper-
ation of electronic equipment. 
(2) The term ‘‘data center operator’’ means any 
person or government entity that builds or operates 
a data center or purchases data center services, 
equipment, and facilities. 
SEC. 151. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—In addition to amounts authorized 
under subsections (b), (c), and (d), there are authorized 
to be appropriated to carry out this subtitle— 
(1) $10,000,000 for fiscal year 2008; and 
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122 
(2) $20,000,000 for each of the fiscal years 
2009 through 2014, to remain available until ex-
pended. 
(b) ZERO-ENERGY COMMERCIAL BUILDINGS INITIA-
TIVE.—There are authorized to be appropriated to carry 
out the initiative described in section 143— 
(1) $20,000,000 for fiscal year 2008; 
(2) $50,000,000 for each of fiscal years 2009 
and 2010; 
(3) $100,000,000 for each of fiscal years 2011 
and 2012; and 
(4) $200,000,000 for each of fiscal years 2013 
through 2050. 
(c) DEMONSTRATION PROJECTS.— 
(1) FEDERAL
DEMONSTRATION
PROJECT.— 
There are authorized to be appropriated to carry out 
the Federal demonstration project described in sec-
tion 149(b)(1) $10,000,000 for the period of fiscal 
years 2009 through 2014, to remain available until 
expended. 
(2) UNIVERSITY DEMONSTRATION PROJECTS.— 
There are authorized to be appropriated to carry out 
the university demonstration projects described in 
section 149(b)(2) $10,000,000 for the period of fis-
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123 
cal years 2009 through 2014, to remain available 
until expended. 
(d) ENERGY EFFICIENCY FOR DATA CENTER BUILD-
INGS.—There are authorized to be appropriated to each 
of the Secretary and the Administrator for carrying out 
section 150 $250,000 for each of the fiscal years 2008 
through 2012. 
SEC. 152. STUDY AND REPORT ON USE OF POWER MANAGE-
MENT SOFTWARE. 
(a) STUDY.—The Secretary of Energy, through the 
Federal Energy Management Program, shall conduct a 
study on the use of power management software by the 
Department of Energy and Federal facilities to reduce the 
use of electricity in computer monitors and personal com-
puters. 
(b) REPORT.—Not later than 60 days after the date 
of enactment of the Act, the Secretary shall submit to 
Congress a report containing the results of the study 
under subsection (a), including a description of the rec-
ommendations developed under the study. The Secretary 
and the Federal Energy Management Program are en-
couraged to draw upon similar studies and efforts by other 
Federal entities on power management software. 
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124 
Subtitle E—Industrial Energy 
Efficiency 
SEC. 161. INDUSTRIAL ENERGY EFFICIENCY. 
(a) AMENDMENT.—Title III of the Energy Conserva-
tion and Policy Act (42 U.S.C. 6201 and following) is 
amended by adding the following after part D: 
‘‘PART E—INDUSTRIAL ENERGY EFFICIENCY 
‘‘SEC. 371. SURVEY OF WASTE INDUSTRIAL ENERGY RECOV-
ERY AND POTENTIAL USE. 
‘‘Congress finds that— 
‘‘(1) the Nation should encourage the use of 
otherwise wasted energy and the development of 
combined heat and power and other waste energy re-
covery projects where there is wasted thermal energy 
in large volumes at potentially useful temperatures; 
‘‘(2) such projects would increase energy effi-
ciency and lower pollution by generating power with 
no incremental fossil fuel consumption; 
‘‘(3) because recovered waste energy and com-
bined heat and power projects are associated with 
end-uses of thermal energy and electricity at the 
local level, they help avoid new transmission lines, 
reduce line losses, reduce local air pollutant emis-
sions, and reduce vulnerability to extreme weather 
and terrorism; and 
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125 
‘‘(4) States, localities, electric utilities, and 
other electricity customers may benefit from private 
investments in recovered waste energy and combined 
heat and power projects at industrial and commer-
cial sites by avoiding generation, transmission and 
distribution expenses, and transmission line loss ex-
penses that may otherwise be required to be recov-
ered from ratepayers. 
‘‘SEC. 372. DEFINITIONS. 
‘‘For purposes of this Part: 
‘‘(1) The term ‘Administrator’ means the Ad-
ministrator of the Environmental Protection Agency. 
‘‘(2) The term ‘waste energy’ means— 
‘‘(A) exhaust heat and flared gases from 
any industrial process; 
‘‘(B) waste gas or industrial tail gas that 
would otherwise be flared, incinerated or vent-
ed; 
‘‘(C) a pressure drop in any gas, excluding 
any pressure drop to a condenser that subse-
quently vents the resulting heat; and 
‘‘(D) such other forms of waste energy as 
the Administrator may identify. 
‘‘(3) The term ‘recoverable waste energy’ means 
waste energy from which electricity or useful ther-
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126 
mal energy may be recovered through modification 
of existing facilities or addition of new facilities. 
‘‘(4) The term ‘net excess power’ means, for 
any facility, recoverable waste energy recovered in 
the form of electricity in amounts exceeding the total 
consumption of electricity at the specific time of gen-
eration on the site where the facility is located. 
‘‘(5) The term ‘useful thermal energy’ is energy 
in the forms of direct heat, steam, hot water, or 
other thermal forms that is used in production and 
beneficial measures for heating, cooling, humidity 
control, process use, or other valid thermal end-use 
energy requirements, and for which fuel or elec-
tricity would otherwise be consumed. 
‘‘(6) The term ‘combined heat and power sys-
tem’ means a facility— 
‘‘(A) that simultaneously and efficiently 
produces useful thermal energy and electricity; 
and 
‘‘(B) that recovers not less than 60 percent 
of the energy value in the fuel (on a lower-heat-
ing-value basis) in the form of useful thermal 
energy and electricity. 
‘‘(7) The terms ‘electric utility’, ‘State regu-
lated electric utility’, ‘nonregulated electric utility’ 
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127 
and other terms used in this Part have the same 
meanings as when such terms are used in title I of 
the Public Utility Regulatory Policies Act of 1978 
(relating to retail regulatory policies for electric utili-
ties). 
‘‘SEC. 373. SURVEY AND REGISTRY. 
‘‘(a) RECOVERABLE
WASTE-ENERGY
INVENTORY 
PROGRAM.—The Administrator, in cooperation with State 
energy offices, shall establish a Recoverable Waste-Energy 
Inventory Program. The program shall include an ongoing 
survey of all major industrial and large commercial com-
bustion sources in the United States and the sites where 
these are located, together with a review of each for quan-
tity and quality of waste energy. 
‘‘(b) CRITERIA.—The Administrator shall, within 120 
days after the enactment of this section, develop and pub-
lish proposed criteria subject to notice and comment, and 
within 270 days of enactment, establish final criteria, to 
identify and designate those sources and sites in the inven-
tory under subsection (a) where recoverable waste energy 
projects or combined heat and power system projects may 
have economic feasibility with a payback of invested costs 
within 5 years or less from the date of first full project 
operation (including incentives offered under this Part). 
Such criteria will include standards that insure that 
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128 
projects proposed for inclusion in the Registry are not de-
veloped for the primary purpose of making sales of excess 
electric power under the regulatory treatment provided 
under this Part. 
‘‘(c) TECHNICAL SUPPORT.—The Administrator shall 
provide to owners or operators of combustion sources tech-
nical support and offer partial funding (up to one-half of 
total costs) for feasibility studies to confirm whether or 
not investment in recovery of waste energy or combined 
heat and power at that source would offer a payback pe-
riod of 5 years or less. 
‘‘(d) REGISTRY.—(1) The Administrator shall, within 
one year after the enactment of this section, establish a 
Registry of Recoverable Waste-energy Sources, and sites 
on which those sources are located, which meet the criteria 
set forth under subsection (b). The Administrator shall 
update the Registry on not less than a monthly basis, and 
make the Registry accessible to the public on the Environ-
mental Protection Agency web site. Any State or electric 
utility may contest the listing of any source or site by sub-
mitting a petition to the Administrator. 
‘‘(2) The Administrator shall register and include on 
the Registry all sites meeting the criteria of subsection (b). 
The Administrator shall calculate the total amounts of po-
tentially recoverable waste energy from sources at such 
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