†
HR 6 EAS
provement, and cost and energy savings because
of utility contract aggregation; and
‘‘(III) the measurement and verification
protocols of the Department of Energy;
‘‘(ii) include recommendations concerning the
amount of funds and the number of trained personnel
necessary to gather and use the metering information
to track and reduce energy use;
‘‘(iii) establish priorities for types and locations
of buildings to be metered and submetered based on
cost-effectiveness and a schedule of 1 or more dates,
not later than 1 year after the date of issuance of the
guidelines, on which paragraph (1) takes effect; and
‘‘(iv) establish exclusions from the requirements
of paragraph (1) based on the de minimis quantity
of energy use of a Federal building, industrial proc-
ess, or structure.
‘‘(3) Not later than 180 days after the date on which
guidelines are established under paragraph (2), in a report
submitted by an agency under section 548(a), the agency
shall submit to the Secretary a plan describing the manner
in which the agency will implement paragraph (1),
including—
†
HR 6 EAS
‘‘(A) the manner in which the agency will des-
ignate personnel primarily responsible for carrying
out that implementation; and
‘‘(B) demonstration by the agency, complete with
documentation, of any finding that the use of ad-
vanced meters or advanced metering devices described
in paragraph (1) is not practicable.’’.
SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS.
(a) REQUIREMENTS.—Part 3 of title V of the National
Energy Conservation Policy Act (42 U.S.C. 8251 et seq.)
(as amended by section 101(a)) is amended by inserting
after section 551 the following:
‘‘SEC. 552. FEDERAL PROCUREMENT OF ENERGY EFFICIENT
PRODUCTS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) The term ‘Energy Star product’ means a
product that is rated for energy efficiency under an
Energy Star program.
‘‘(2) The term ‘Energy Star program’ means the
program established by section 324A of the Energy
Policy and Conservation Act.
‘‘(3) The term ‘executive agency’ has the mean-
ing given the term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
†
HR 6 EAS
‘‘(4) The term ‘FEMP designated product’ means
a product that is designated under the Federal En-
ergy Management Program of the Department of En-
ergy as being among the highest 25 percent of equiva-
lent products for energy efficiency.
‘‘(b) PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS.—(1) Except as provided in paragraph (2), to meet
the requirements of an executive agency for an energy con-
suming product, the head of the executive agency shall
procure—
‘‘(A) an Energy Star product; or
‘‘(B) a FEMP designated product.
‘‘(2) The head of an executive agency shall not be re-
quired to comply with paragraph (1) if the head of the exec-
utive agency specifies in writing that—
‘‘(A) taking into account energy cost savings, an
Energy Star product or FEMP designated product is
not cost-effective over the life of the product; or
‘‘(B) no Energy Star product or FEMP des-
ignated product is reasonably available that meets the
functional requirements of the executive agency.
‘‘(3) The head of an executive agency shall incorporate
criteria for energy efficiency that are consistent with the
criteria used for rating Energy Star products and FEMP
designated products into—
†
HR 6 EAS
‘‘(A) the specifications for any procurements in-
volving energy consuming products and systems,
including—
‘‘(i) guide specifications;
‘‘(ii) project specifications; and
‘‘(iii) construction, renovation, and services
contracts that include the provision of energy
consuming products and systems; and
‘‘(B) the factors for the evaluation of offers re-
ceived for the procurement.
‘‘(c) LISTING OF ENERGY EFFICIENT PRODUCTS IN
FEDERAL CATALOGS.—(1) Any inventory or listing of
products by the General Services Administration or the De-
fense Logistics Agency shall clearly identify and promi-
nently display Energy Star products and FEMP designated
products.
‘‘(2)(A) Except as provided in subparagraph (B), the
General Services Administration or the Defense Logistics
Agency shall supply only Energy Star products or FEMP
designated products for all product categories covered by the
Energy Star program or the Federal Energy Management
Program.
‘‘(B) Subparagraph (A) shall not apply if an agency
ordering a product specifies in writing that—
†
HR 6 EAS
‘‘(i) taking into account energy cost savings, no
Energy Star product or FEMP designated product is
cost-effective for the intended application over the life
of the product; or
‘‘(ii) no Energy Star product or FEMP des-
ignated product is available to meet the functional re-
quirements of the ordering agency.
‘‘(d) SPECIFIC PRODUCTS.—(1) In the case of an elec-
tric motor of 1 to 500 horsepower, an executive agency shall
select only a premium efficient motor that meets the stand-
ard established by the Secretary under paragraph (2).
‘‘(2) Not later than 120 days after the date of enact-
ment of this subsection and after considering the rec-
ommendations of associated electric motor manufacturers
and energy efficiency groups, the Secretary shall establish
a standard for premium efficient motors.
‘‘(3)(A) Each Federal agency is encouraged to take ac-
tions (such as appropriate cleaning and maintenance) to
maximize the efficiency of air conditioning and refrigera-
tion equipment, including the use of a system treatment or
additive that—
‘‘(i) would reduce the electricity consumed by air
conditioning and refrigeration equipment; and
‘‘(ii) meets the criteria specified in subparagraph
(B).
†
HR 6 EAS
‘‘(B) A system treatment or additive referred to in sub-
paragraph (A) shall be—
‘‘(i) determined by the Secretary to be effective
in increasing the efficiency of air conditioning and
refrigeration equipment without having an adverse
impact on—
‘‘(I) air conditioning and refrigeration per-
formance (including cooling capacity); or
‘‘(II) the useful life of the equipment;
‘‘(ii) determined by the Administrator of the En-
vironmental Protection Agency to be environmentally
safe; and
‘‘(iii) shown, in tests conducted by the National
Institute of Standards and Technology, in accordance
with Department of Energy test procedures, to in-
crease the seasonal energy efficiency ratio (SEER) or
energy efficiency ratio (EER) without having any ad-
verse impact on the system, system components, the
refrigerant or lubricant, or other materials in the sys-
tem.
‘‘(4) The results of the tests described in paragraph
(3)(B)(iii) shall be published in the Federal Register for
public review and comment.
‘‘(5) For purposes of this subsection, a hardware device
or primary refrigerant shall not be considered an additive.
†
HR 6 EAS
‘‘(e) REGULATIONS.—Not later than 180 days after the
date of enactment of this section, the Secretary shall issue
guidelines to carry out this section.’’.
(b) CONFORMING AMENDMENT.—The table of contents
of the National Energy Conservation Policy Act (as amend-
ed by section 101(b)) is amended by inserting after the item
relating to section 551 the following:
‘‘Sec. 552. Federal procurement of energy efficient products.’’.
SEC. 105. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) PERMANENT EXTENSION.—Section 801(c) of the
National Energy Conservation Policy Act (42 U.S.C.
8287(c)) is amended by striking ‘‘2006’’ and inserting
‘‘2016’’.
(b) EXTENSION OF AUTHORITY.—Any energy savings
performance contract entered into under section 801 of the
National Energy Conservation Policy Act (42 U.S.C. 8287)
after October 1, 2003, and before the date of enactment of
this Act, shall be considered to have been entered into under
that section.
SEC. 106. VOLUNTARY COMMITMENTS TO REDUCE INDUS-
TRIAL ENERGY INTENSITY.
(a) DEFINITION OF ENERGY INTENSITY.—In this sec-
tion, the term ‘‘energy intensity’’ means the primary energy
consumed for each unit of physical output in an industrial
process.
†
HR 6 EAS
(b) VOLUNTARY AGREEMENTS.—The Secretary may
enter into voluntary agreements with 1 or more persons in
industrial sectors that consume significant quantities of
primary energy for each unit of physical output to reduce
the energy intensity of the production activities of the per-
sons.
(c) GOAL.—Voluntary agreements under this section
shall have as a goal the reduction of energy intensity by
not less than 2.5 percent each year during the period of
calendar years 2007 through 2016.
(d) RECOGNITION.—The Secretary, in cooperation
with other appropriate Federal agencies, shall develop
mechanisms to recognize and publicize the achievements of
participants in voluntary agreements under this section.
(e) TECHNICAL ASSISTANCE.—A person that enters
into an agreement under this section and continues to make
a good faith effort to achieve the energy efficiency goals
specified in the agreement shall be eligible to receive from
the Secretary a grant or technical assistance, as appro-
priate, to assist in the achievement of those goals.
(f) REPORT.—Not later than each of June 30, 2012,
and June 30, 2017, the Secretary shall submit to Congress
a report that—
(1) evaluates the success of the voluntary agree-
ments under this section; and
†
HR 6 EAS
(2) provides independent verification of a sample
of the energy savings estimates provided by partici-
pating firms.
SEC. 107. FEDERAL BUILDING PERFORMANCE STANDARDS.
Section 305(a) of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6834(a)) is amended—
(1) in paragraph (2)(A), by striking ‘‘CABO
Model Energy Code, 1992 (in the case of residential
buildings) or ASHRAE Standard 90.1–1989’’ and in-
serting ‘‘the 2004 International Energy Conservation
Code (in the case of residential buildings) or
ASHRAE Standard 90.1–2004’’; and
(2) by adding at the end the following:
‘‘(3)(A) Not later than 1 year after the date of enact-
ment of this paragraph, the Secretary shall establish, by
rule, revised Federal building energy efficiency performance
standards that require that—
‘‘(i) if life-cycle cost-effective for new Federal
buildings—
‘‘(I) the buildings be designed to achieve en-
ergy consumption levels that are at least 30 per-
cent below the levels established in the version of
the ASHRAE Standard or the International En-
ergy Conservation Code, as appropriate, that is
†
HR 6 EAS
in effect as of the date of enactment of this para-
graph; and
‘‘(II) sustainable design principles are ap-
plied to the siting, design, and construction of
all new and replacement buildings; and
‘‘(ii) if water is used to achieve energy efficiency,
water conservation technologies shall be applied to the
extent that the technologies are life-cycle cost-effective.
‘‘(B) Not later than 1 year after the date of approval
of each subsequent revision of the ASHRAE Standard or
the International Energy Conservation Code, as appro-
priate, the Secretary shall determine, based on the cost-effec-
tiveness of the requirements under the amendment, whether
the revised standards established under this paragraph
should be updated to reflect the amendment.
‘‘(C) In the budget request of the Federal agency for
each fiscal year and each report submitted by the Federal
agency under section 548(a) of the National Energy Con-
servation Policy Act (42 U.S.C. 8258(a)), the head of each
Federal agency shall include—
‘‘(i) a list of all new Federal buildings owned,
operated, or controlled by the Federal agency; and
‘‘(ii) a statement specifying whether the Federal
buildings meet or exceed the revised standards estab-
lished under this paragraph.’’.
†
HR 6 EAS
SEC. 108. INCREASED USE OF RECOVERED MINERAL COM-
PONENT IN FEDERALLY FUNDED PROJECTS
INVOLVING PROCUREMENT OF CEMENT OR
CONCRETE.
(a) AMENDMENT.—Subtitle F of the Solid Waste Dis-
posal Act (42 U.S.C. 6961 et seq.) is amended by adding
at the end the following:
‘‘INCREASED USE OF RECOVERED MINERAL COMPONENT IN
FEDERALLY FUNDED PROJECTS INVOLVING PROCURE-
MENT OF CEMENT OR CONCRETE
‘‘SEC. 6005. (a) DEFINITIONS.—In this section:
‘‘(1) AGENCY
HEAD.—The term ‘agency head’
means—
‘‘(A) the Secretary of Transportation; and
‘‘(B) the head of any other Federal agency
that, on a regular basis, procures, or provides
Federal funds to pay or assist in paying the cost
of procuring, material for cement or concrete
projects.
‘‘(2) CEMENT
OR
CONCRETE
PROJECT.—The
term ‘cement or concrete project’ means a project for
the construction or maintenance of a highway or
other transportation facility or a Federal, State, or
local government building or other public facility
that—
†
HR 6 EAS
‘‘(A) involves the procurement of cement or
concrete; and
‘‘(B) is carried out, in whole or in part,
using Federal funds.
‘‘(3) RECOVERED
MINERAL
COMPONENT.—The
term ‘recovered mineral component’ means—
‘‘(A) ground granulated blast furnace slag;
‘‘(B) coal combustion fly ash; and
‘‘(C) any other waste material or byproduct
recovered or diverted from solid waste that the
Administrator, in consultation with an agency
head, determines should be treated as recovered
mineral component under this section for use in
cement or concrete projects paid for, in whole or
in part, by the agency head.
‘‘(b) IMPLEMENTATION OF REQUIREMENTS.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this section, the Adminis-
trator and each agency head shall take such actions
as are necessary to implement fully all procurement
requirements and incentives in effect as of the date of
enactment of this section (including guidelines under
section 6002) that provide for the use of cement and
concrete incorporating recovered mineral component
in cement or concrete projects.
†
HR 6 EAS
‘‘(2) PRIORITY.—In carrying out paragraph (1),
an agency head shall give priority to achieving great-
er use of recovered mineral component in cement or
concrete projects for which recovered mineral compo-
nents historically have not been used or have been
used only minimally.
‘‘(3) FEDERAL PROCUREMENT REQUIREMENTS.—
The Administrator and each agency head shall carry
out this subsection in accordance with section 6002.
‘‘(c) FULL IMPLEMENTATION STUDY.—
‘‘(1) IN GENERAL.—The Administrator, in co-
operation with the Secretary of Transportation and
the Secretary of Energy, shall conduct a study to de-
termine the extent to which procurement require-
ments, when fully implemented in accordance with
subsection (b), may realize energy savings and envi-
ronmental benefits attainable with substitution of re-
covered mineral component in cement used in cement
or concrete projects.
‘‘(2) MATTERS TO BE ADDRESSED.—The study
shall—
‘‘(A) quantify—
‘‘(i) the extent to which recovered min-
eral components are being substituted for
†
HR 6 EAS
Portland cement, particularly as a result of
procurement requirements; and
‘‘(ii) the energy savings and environ-
mental benefits associated with the substi-
tution;
‘‘(B) identify all barriers in procurement
requirements to greater realization of energy sav-
ings and environmental benefits, including bar-
riers resulting from exceptions from the law; and
‘‘(C)(i) identify potential mechanisms to
achieve greater substitution of recovered mineral
component in types of cement or concrete projects
for which recovered mineral components histori-
cally have not been used or have been used only
minimally;
‘‘(ii) evaluate the feasibility of establishing
guidelines or standards for optimized substi-
tution rates of recovered mineral component in
those cement or concrete projects; and
‘‘(iii) identify any potential environmental
or economic effects that may result from greater
substitution of recovered mineral component in
those cement or concrete projects.
†
HR 6 EAS
‘‘(3) REPORT.—Not later than 30 months after
the date of enactment of this section, the Adminis-
trator shall submit to Congress a report on the study.
‘‘(d) ADDITIONAL PROCUREMENT REQUIREMENTS.—
Unless the study conducted under subsection (c) identifies
any effects or other problems described in subsection
(c)(2)(C)(iii) that warrant further review or delay, the Ad-
ministrator and each agency head shall, not later than 1
year after the date on which the report under subsection
(c)(3) is submitted, take additional actions under this Act
to establish procurement requirements and incentives that
provide for the use of cement and concrete with increased
substitution of recovered mineral component in the con-
struction and maintenance of cement or concrete projects—
‘‘(1) to realize more fully the energy savings and
environmental benefits associated with increased sub-
stitution; and
‘‘(2) to eliminate barriers identified under sub-
section (c)(2)(B).
‘‘(e) EFFECT OF SECTION.—Nothing in this section af-
fects the requirements of section 6002 (including the guide-
lines and specifications for implementing those require-
ments).’’.
†
HR 6 EAS
(b) CONFORMING AMENDMENT.—The table of contents
of the Solid Waste Disposal Act is amended by adding after
the item relating to section 6004 the following:
‘‘Sec. 6005. Increased use of recovered mineral component in federally funded
projects involving procurement of cement or concrete.’’.
Subtitle B—Energy Assistance and
State Programs
SEC. 121. WEATHERIZATION ASSISTANCE.
Section 422 of the Energy Conservation and Produc-
tion Act (42 U.S.C. 6872) is amended by striking ‘‘for fiscal
years 1999 through 2003 such sums as may be necessary’’
and inserting ‘‘$325,000,000 for fiscal year 2006,
$400,000,000 for fiscal year 2007, and $500,000,000 for fis-
cal year 2008’’.
SEC. 122. STATE ENERGY PROGRAMS.
(a) STATE ENERGY CONSERVATION PLANS.—Section
362 of the Energy Policy and Conservation Act (42 U.S.C.
6322) is amended by adding at the end the following:
‘‘(g)(1) The Secretary shall, at least once every 3 years,
invite the Governor of each State to review and, if nec-
essary, revise the energy conservation plan of the State sub-
mitted under subsection (b) or (e).
‘‘(2) A review conducted under paragraph (1) should—
‘‘(A) consider the energy conservation plans of
other States within the region; and
†
HR 6 EAS
‘‘(B) identify opportunities and actions carried
out in pursuit of common energy conservation goals.’’.
(b) STATE ENERGY EFFICIENCY GOALS.—Section 364
of the Energy Policy and Conservation Act (42 U.S.C.
6324) is amended to read as follows:
‘‘STATE ENERGY EFFICIENCY GOALS
‘‘SEC. 364. Each State energy conservation plan with
respect to which assistance is made available under this
part on or after the date of enactment of the Energy Policy
Act of 2005—
‘‘(1) shall contain a goal, consisting of an im-
provement of 25 percent or more in the efficiency of
use of energy in the State concerned in calendar year
2012 as compared to calendar year 1992; and
‘‘(2) may contain interim goals.’’.
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section
365(f) of the Energy Policy and Conservation Act (42
U.S.C. 6325(f)) is amended by striking ‘‘for fiscal years
1999 through 2003 such sums as may be necessary’’ and
inserting ‘‘$100,000,000 for each of fiscal years 2006 and
2007 and $125,000,000 for fiscal year 2008’’.
SEC. 123. ENERGY EFFICIENT APPLIANCE REBATE PRO-
GRAMS.
(a) DEFINITIONS.—In this section:
†
HR 6 EAS
(1) ELIGIBLE STATE.—The term ‘‘eligible State’’
means a State that meets the requirements of sub-
section (b).
(2) ENERGY STAR PROGRAM.—The term ‘‘Energy
Star program’’ means the program established by sec-
tion 324A of the Energy Policy and Conservation Act
(as added by section 131(a)).
(3) RESIDENTIAL ENERGY STAR PRODUCT.—The
term ‘‘residential Energy Star product’’ means a
product for a residence that is rated for energy effi-
ciency under the Energy Star program.
(4) STATE ENERGY OFFICE.—The term ‘‘State
energy office’’ means the State agency responsible for
developing State energy conservation plans under sec-
tion 362 of the Energy Policy and Conservation Act
(42 U.S.C. 6322).
(5) STATE
PROGRAM.—The term ‘‘State pro-
gram’’ means a State energy efficient appliance re-
bate program described in subsection (b)(1).
(b) ELIGIBLE STATES.—A State shall be eligible to re-
ceive an allocation under subsection (c) if the State—
(1) establishes (or has established) a State energy
efficient appliance rebate program to provide rebates
to residential consumers for the purchase of residen-
†
HR 6 EAS
tial Energy Star products to replace used appliances
of the same type;
(2) submits an application for the allocation at
such time, in such form, and containing such infor-
mation as the Secretary may require; and
(3) provides assurances satisfactory to the Sec-
retary that the State will use the allocation to supple-
ment, but not supplant, funds made available to
carry out the State program.
(c) AMOUNT OF ALLOCATIONS.—
(1) IN GENERAL.—Subject to paragraph (2), for
each fiscal year, the Secretary shall allocate to the
State energy office of each eligible State to carry out
subsection (d) an amount equal to the product ob-
tained by multiplying—
(A) the amount made available under sub-
section (f) for the fiscal year; and
(B) by the ratio that—
(i) the population of the State in the
most recent calendar year for which data
are available; bears to
(ii) the total population of all eligible
States in that calendar year.
(2) MINIMUM
ALLOCATIONS.—For each fiscal
year, the amounts allocated under this subsection
†
HR 6 EAS
shall be adjusted proportionately so that no eligible
State is allocated a sum that is less than such min-
imum amount as shall be determined by the Sec-
retary.
(d) USE OF ALLOCATED FUNDS.—The allocation to a
State energy office under subsection (c) may be used to pay
not more than 50 percent of the cost of establishing and
carrying out a State program.
(e) ISSUANCE OF REBATES.—
(1) IN GENERAL.—A rebate may be provided to
a residential consumer that meets the requirements of
the State program.
(2) AMOUNT.—The amount of a rebate shall be
determined by the State energy office, taking into
consideration—
(A) the amount of the allocation to the
State energy office under subsection (c);
(B) the amount of any Federal or State tax
incentive available for the purchase of the resi-
dential Energy Star product; and
(C) the difference between—
(i) the cost of the residential Energy
Star product; and
(ii) the cost of an appliance that is not
a residential Energy Star product, but is of
†
HR 6 EAS
the same type as, and is the nearest capac-
ity, performance, and other relevant charac-
teristics (as determined by the State energy
office) to, the residential Energy Star prod-
uct.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary to carry out
this section $50,000,000 for each of fiscal years 2006
through 2010.
SEC. 124. ENERGY EFFICIENT PUBLIC BUILDINGS.
(a) GRANTS.—The Secretary may make grants to the
State agency responsible for developing State energy con-
servation plans under section 362 of the Energy Policy and
Conservation Act (42 U.S.C. 6322), or a State agency des-
ignated by the Governor of the State, to assist units of local
government in the State in improving the energy efficiency
of public buildings and facilities through—
(1) construction of new energy efficient public
buildings that use at least 30 percent less energy than
a comparable public building constructed in compli-
ance with standards prescribed in—
(A) the most recent version of the Inter-
national Energy Conservation Code; or
(B) a similar State code intended to achieve
substantially equivalent efficiency levels; or
†
HR 6 EAS
(2) renovation of existing public buildings to
achieve reductions in energy use of at least 30 percent
as compared to the baseline energy use in the build-
ings before renovation, assuming a 3-year, weather-
normalized average for calculating the baseline.
(b) ADMINISTRATION.—State energy offices receiving
grants under this section shall—
(1) maintain any records and evidence of com-
pliance that the Secretary may require; and
(2) to encourage planning, financing, and design
of energy efficient public buildings by units of local
government—
(A) develop and distribute information and
materials; and
(B) conduct programs to provide technical
services and assistance.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be ap-
propriated to the Secretary to carry out this section
$30,000,000 for each of fiscal years 2006 through
2010.
(2) ADMINISTRATIVE EXPENSES.—Not more than
10 percent of amounts made available under para-
graph (1) shall be used for administrative expenses.
†
HR 6 EAS
SEC. 125. LOW INCOME COMMUNITY ENERGY EFFICIENCY
PILOT PROGRAM.
(a) DEFINITION OF INDIAN TRIBE.—In this section,
the term ‘‘Indian tribe’’ has the meaning given the term
in section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b).
(b) GRANTS.—
(1) IN GENERAL.—The Secretary may provide
grants, on a competitive basis, to units of local gov-
ernment, private or nonprofit community develop-
ment organizations, and economic development enti-
ties of Indian tribes—
(A) to improve energy efficiency;
(B) to identify and develop alternative, re-
newable, and distributed energy supplies; and
(C) to increase energy conservation in low-
income rural and urban communities.
(2) ELIGIBLE ACTIVITIES.—The following activi-
ties are eligible for grants under paragraph (1):
(A) Investments that develop alternative, re-
newable, and distributed energy supplies.
(B) Energy efficiency projects and energy
conservation programs.
(C) Studies and other activities that im-
prove energy efficiency in low-income rural and
urban communities.
†
HR 6 EAS
(D) Planning and development assistance
for increasing the energy efficiency of buildings
and facilities.
(E) Technical and financial assistance to
units of local government and private entities to
develop new renewable and distributed sources of
power or combined heat and power generation.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary to carry out
this section $20,000,000 for each of fiscal years 2006
through 2010.
SEC. 126. STATE TECHNOLOGIES ADVANCEMENT COLLABO-
RATIVE.
(a) IN GENERAL.—The Secretary, in cooperation with
the States, shall establish a cooperative program for re-
search, development, demonstration, and deployment of
technologies in which there is a common Federal and State
energy efficiency, renewable energy, and fossil energy inter-
est, to be known as the ‘‘State Technologies Advancement
Collaborative’’ (referred to in this section as the ‘‘Collabo-
rative’’).
(b) DUTIES.—The Collaborative shall—
(1) leverage Federal and State funding through
cost-shared activity;
†
HR 6 EAS
(2) reduce redundancies in Federal and State
funding; and
(3) create multistate projects to be awarded
through a competitive process.
(c) ADMINISTRATION.—The Collaborative shall be ad-
ministered through an agreement between the Department
and appropriate State-based organizations.
(d) FUNDING SOURCES.—Funding for the Collabo-
rative may be provided from—
(1) amounts specifically appropriated for the
Collaborative; or
(2) amounts that may be allocated from other
appropriations without changing the purpose for
which the amounts are appropriated.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to carry out this section such sums as are nec-
essary for each of fiscal years 2006 through 2010.
SEC. 127. STATE BUILDING ENERGY EFFICIENCY CODES IN-
CENTIVES.
Section 304(e) of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6833(e)) is amended—
(1) in paragraph (1), by inserting before the pe-
riod at the end of the first sentence the following: ‘‘,
including increasing and verifying compliance with
such codes’’; and
†
HR 6 EAS
(2) by striking paragraph (2) and inserting the
following:
‘‘(2) Additional funding shall be provided under this
subsection for implementation of a plan to achieve and doc-
ument at least a 90 percent rate of compliance with residen-
tial and commercial building energy efficiency codes, based
on energy performance—
‘‘(A) to a State that has adopted and is imple-
menting, on a statewide basis—
‘‘(i) a residential building energy efficiency
code that meets or exceeds the requirements of the
2004 International Energy Conservation Code,
or any succeeding version of that code that has
received an affirmative determination from the
Secretary under subsection (a)(5)(A); and
‘‘(ii) a commercial building energy effi-
ciency code that meets or exceeds the require-
ments of the ASHRAE Standard 90.1–2004, or
any succeeding version of that standard that has
received an affirmative determination from the
Secretary under subsection (b)(2)(A); or
‘‘(B) in a State in which there is no statewide
energy code either for residential buildings or for
commercial buildings, to a local government that has
adopted and is implementing residential and com-
†
HR 6 EAS
mercial building energy efficiency codes, as described
in subparagraph (A).
‘‘(3) Of the amounts made available under this sub-
section, the Secretary may use $500,000 for each fiscal year
to train State and local officials to implement codes de-
scribed in paragraph (2).
‘‘(4)(A) There are authorized to be appropriated to
carry out this subsection—
‘‘(i) $25,000,000 for each of fiscal years 2006
through 2010; and
‘‘(ii) such sums as are necessary for fiscal year
2011 and each fiscal year thereafter.
‘‘(B) Funding provided to States under paragraph (2)
for each fiscal year shall not exceed 1⁄2 of the excess of fund-
ing under this subsection over $5,000,000 for the fiscal
year.’’.
Subtitle C—Energy Efficient
Products
SEC. 131. ENERGY STAR PROGRAM.
(a) IN GENERAL.—The Energy Policy and Conserva-
tion Act is amended by inserting after section 324 (42
U.S.C. 6294) the following:
‘‘ENERGY STAR PROGRAM
‘‘SEC. 324A. (a) IN GENERAL.—There is established
within the Department of Energy and the Environmental
Protection Agency a voluntary program to identify and
†
HR 6 EAS
promote energy-efficient products and buildings in order to
reduce energy consumption, improve energy security, and
reduce pollution through voluntary labeling of, or other
forms of communication about, products and buildings that
meet the highest energy conservation standards.
‘‘(b) DIVISION
OF RESPONSIBILITIES.—Responsibil-
ities under the program shall be divided between the De-
partment of Energy and the Environmental Protection
Agency in accordance with the terms of applicable agree-
ments between those agencies.
‘‘(c) DUTIES.—The Administrator and the Secretary
shall—
‘‘(1) promote Energy Star compliant technologies
as the preferred technologies in the marketplace for—
‘‘(A) achieving energy efficiency; and
‘‘(B) reducing pollution;
‘‘(2) work to enhance public awareness of the
Energy Star label, including by providing special
outreach to small businesses;
‘‘(3) preserve the integrity of the Energy Star
label;
‘‘(4) regularly update Energy Star product cri-
teria for product categories;
‘‘(5) solicit comments from interested parties
prior to establishing or revising an Energy Star
†
HR 6 EAS
product category, specification, or criterion (or prior
to effective dates for any such product category, speci-
fication, or criterion);
‘‘(6) on adoption of a new or revised product
category, specification, or criterion, provide reason-
able notice to interested parties of any changes (in-
cluding effective dates) in product categories, speci-
fications, or criteria, along with—
‘‘(A) an explanation of the changes; and
‘‘(B) as appropriate, responses to comments
submitted by interested parties; and
‘‘(7) provide appropriate lead time (which shall
be 270 days, unless the Agency or Department speci-
fies otherwise) prior to the applicable effective date for
a new or a significant revision to a product category,
specification, or criterion, taking into account the
timing requirements of the manufacturing, product
marketing, and distribution process for the specific
product addressed.
‘‘(d) DEADLINES.—The Secretary shall establish new
qualifying levels—
‘‘(1) not later than January 1, 2006, for clothes
washers and dishwashers, effective beginning January
1, 2007; and