H. R. 6—113 
(F) independent high-performance green building 
associations or councils; 
(G) experts in indoor air quality and environmental 
factors; 
(H) experts in intelligent buildings and integrated 
building information systems; 
(I) utility energy efficiency programs; 
(J) manufacturers and providers of equipment and 
techniques used in high-performance green buildings; 
(K) public transportation industry experts; and 
(L) nongovernmental energy efficiency organizations. 
(3) FUNDING.—The Secretary may make payments to the 
Consortium pursuant to the terms of a public-private partner-
ship for such activities of the Consortium undertaken under 
such a partnership as described in this subtitle directly to 
the Consortium or through one or more of its members. 
(g) REPORT.—Not later than 2 years after the date of enactment 
of this Act, and biennially thereafter, the Commercial Director, 
in consultation with the Consortium, shall submit to Congress 
a report that— 
(1) describes the status of the high-performance green 
building initiatives under this subtitle and other Federal pro-
grams affecting commercial high-performance green buildings 
in effect as of the date of the report, including— 
(A) the extent to which the programs are being carried 
out in accordance with this subtitle; and 
(B) the status of funding requests and appropriations 
for those programs; and 
(2) summarizes and highlights development, at the State 
and local level, of high-performance green building initiatives, 
including executive orders, policies, or laws adopted promoting 
high-performance green building (including the status of 
implementation of those initiatives). 
SEC. 422. ZERO NET ENERGY COMMERCIAL BUILDINGS INITIATIVE. 
(a) DEFINITIONS.—In this section: 
(1) CONSORTIUM.—The term ‘‘consortium’’ means a High- 
Performance Green Building Consortium selected by the 
Commercial Director. 
(2) INITIATIVE.—The term ‘‘initiative’’ means the Zero-Net- 
Energy Commercial Buildings Initiative established under sub-
section (b)(1). 
(3) ZERO-NET-ENERGY
COMMERCIAL
BUILDING.—The term 
‘‘zero-net-energy commercial building’’ means a high-perform-
ance commercial building that is designed, constructed, and 
operated— 
(A) to require a greatly reduced quantity of energy 
to operate; 
(B) to meet the balance of energy needs from sources 
of energy that do not produce greenhouse gases; 
(C) in a manner that will result in no net emissions 
of greenhouse gases; and 
(D) to be economically viable. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Commercial Director shall establish 
an initiative, to be known as the ‘‘Zero-Net-Energy Commercial 
Buildings Initiative’’—
H. R. 6—114 
(A) to reduce the quantity of energy consumed by 
commercial buildings located in the United States; and 
(B) to achieve the development of zero net energy 
commercial buildings in the United States. 
(2) CONSORTIUM.— 
(A) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Commercial Director 
shall competitively select, and enter into an agreement 
with, a consortium to develop and carry out the initiative. 
(B) AGREEMENTS.—In entering into an agreement with 
a consortium under subparagraph (A), the Commercial 
Director shall use the authority described in section 646(g) 
of the Department of Energy Organization Act (42 U.S.C. 
7256(g)), to the maximum extent practicable. 
(c) GOAL OF INITIATIVE.—The goal of the initiative shall be 
to develop and disseminate technologies, practices, and policies 
for the development and establishment of zero net energy commer-
cial buildings for— 
(1) any commercial building newly constructed in the 
United States by 2030; 
(2) 50 percent of the commercial building stock of the 
United States by 2040; and 
(3) all commercial buildings in the United States by 2050. 
(d) COMPONENTS.—In carrying out the initiative, the Commer-
cial Director, in consultation with the consortium, may— 
(1) conduct research and development on building science, 
design, materials, components, equipment and controls, oper-
ation and other practices, integration, energy use measurement, 
and benchmarking; 
(2) conduct pilot programs and demonstration projects to 
evaluate replicable approaches to achieving energy efficient 
commercial buildings for a variety of building types in a variety 
of climate zones; 
(3) conduct deployment, dissemination, and technical assist-
ance activities to encourage widespread adoption of tech-
nologies, practices, and policies to achieve energy efficient 
commercial buildings; 
(4) conduct other research, development, demonstration, 
and deployment activities necessary to achieve each goal of 
the initiative, as determined by the Commercial Director, in 
consultation with the consortium; 
(5) develop training materials and courses for building 
professionals and trades on achieving cost-effective high- 
performance energy efficient buildings; 
(6) develop and disseminate public education materials to 
share information on the benefits and cost-effectiveness of high- 
performance energy efficient buildings; 
(7) support code-setting organizations and State and local 
governments in developing minimum performance standards 
in building codes that recognize the ready availability of many 
technologies utilized in high-performance energy efficient 
buildings; 
(8) develop strategies for overcoming the split incentives 
between builders and purchasers, and landlords and tenants, 
to ensure that energy efficiency and high-performance invest-
ments are made that are cost-effective on a lifecycle basis; 
and
H. R. 6—115 
(9) 
develop 
improved 
means 
of 
measurement 
and 
verification of energy savings and performance for public 
dissemination. 
(e) COST SHARING.—In carrying out this section, the Commer-
cial Director shall require cost sharing in accordance with section 
988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(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 2018. 
SEC. 423. PUBLIC OUTREACH. 
The Commercial Director and Federal Director, in coordination 
with the Consortium, shall carry out public outreach to inform 
individuals and entities of the information and services available 
governmentwide by— 
(1) establishing and maintaining a national high-perform-
ance green building clearinghouse, including 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 hyperlinks to Internet sites that 
describe the activities, information, and resources of— 
(i) the Federal Government; 
(ii) State and local governments; 
(iii) the private sector (including nongovernmental 
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, tools, and 
resources for constructing high-performance green buildings, 
particularly tools to conduct life-cycle costing and life-cycle 
assessment; 
(4) providing information on application processes for certi-
fying a high-performance green building, including certification 
and commissioning; 
(5) providing to the public, through the Commercial 
Director, technical and research information or other forms 
of assistance or advice that would be useful in planning and 
constructing high-performance green buildings; 
(6) using such additional methods as are determined by 
the Commercial Director to be appropriate to conduct public 
outreach; 
(7) surveying existing research and studies relating to high- 
performance green buildings; and 
(8) coordinating activities of common interest.
H. R. 6—116 
Subtitle C—High-Performance Federal 
Buildings 
SEC. 431. ENERGY REDUCTION GOALS FOR FEDERAL BUILDINGS. 
Section 543(a)(1) of the National Energy Conservation Policy 
Act (42 U.S.C. 8253(a)(1)) is amended by striking the table and 
inserting the following: 
‘‘Fiscal Year 
Percentage 
Reduction 
2006 ...................................................................................................
2007 ...................................................................................................
2008 ...................................................................................................
2009 ...................................................................................................
2010 ...................................................................................................
2011 ...................................................................................................
2012 ...................................................................................................
2013 ...................................................................................................
2014 ...................................................................................................
2015 ...................................................................................................
30.’’. 
SEC. 432. MANAGEMENT OF ENERGY AND WATER EFFICIENCY IN FED-
ERAL BUILDINGS. 
Section 543 of the National Energy Conservation Policy Act 
(42 U.S.C. 8253) is amended by adding at the end the following: 
‘‘(f) USE
OF ENERGY
AND WATER EFFICIENCY MEASURES
IN 
FEDERAL BUILDINGS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COMMISSIONING.—The term ‘commissioning’, with 
respect to a facility, means a systematic process— 
‘‘(i) of ensuring, using appropriate verification and 
documentation, during the period beginning on the 
initial day of the design phase of the facility and ending 
not earlier than 1 year after the date of completion 
of construction of the facility, that all facility systems 
perform interactively in accordance with— 
‘‘(I) the design documentation and intent of 
the facility; and 
‘‘(II) the operational needs of the owner of 
the facility, including preparation of operation per-
sonnel; and 
‘‘(ii) the primary goal of which is to ensure fully 
functional systems that can be properly operated and 
maintained during the useful life of the facility. 
‘‘(B) ENERGY MANAGER.— 
‘‘(i) IN GENERAL.—The term ‘energy manager’, with 
respect to a facility, means the individual who is 
responsible for— 
‘‘(I) ensuring compliance with this subsection 
by the facility; and 
‘‘(II) reducing energy use at the facility. 
‘‘(ii) INCLUSIONS.—The term ‘energy manager’ may 
include— 
‘‘(I) a contractor of a facility; 
‘‘(II) a part-time employee of a facility; and 
‘‘(III) an individual who is responsible for mul-
tiple facilities. 
‘‘(C) FACILITY.—
H. R. 6—117 
‘‘(i) IN GENERAL.—The term ‘facility’ means any 
building, installation, structure, or other property 
(including any applicable fixtures) owned or operated 
by, or constructed or manufactured and leased to, the 
Federal Government. 
‘‘(ii) INCLUSIONS.—The term ‘facility’ includes— 
‘‘(I) a group of facilities at a single location 
or multiple locations managed as an integrated 
operation; and 
‘‘(II) contractor-operated facilities owned by 
the Federal Government. 
‘‘(iii) EXCLUSIONS.—The term ‘facility’ does not 
include any land or site for which the cost of utilities 
is not paid by the Federal Government. 
‘‘(D) LIFE CYCLE COST-EFFECTIVE.—The term ‘life cycle 
cost-effective’, with respect to a measure, means a measure, 
the estimated savings of which exceed the estimated costs 
over the lifespan of the measure, as determined in accord-
ance with section 544. 
‘‘(E) PAYBACK PERIOD.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), the term 
‘payback period’, with respect to a measure, means 
a value equal to the quotient obtained by dividing— 
‘‘(I) the estimated initial implementation cost 
of the measure (other than financing costs); by 
‘‘(II) the annual cost savings resulting from 
the measure, including— 
‘‘(aa) net savings in estimated energy and 
water costs; and 
‘‘(bb) operations, maintenance, repair, 
replacement, and other direct costs. 
‘‘(ii) MODIFICATIONS
AND
EXCEPTIONS.—The Sec-
retary, in guidelines issued pursuant to paragraph (6), 
may make such modifications and provide such excep-
tions to the calculation of the payback period of a 
measure as the Secretary determines to be appropriate 
to achieve the purposes of this Act. 
‘‘(F) RECOMMISSIONING.—The term ‘recommissioning’ 
means a process— 
‘‘(i) of commissioning a facility or system beyond 
the project development and warranty phases of the 
facility or system; and 
‘‘(ii) the primary goal of which is to ensure 
optimum performance of a facility, in accordance with 
design or current operating needs, over the useful life 
of the facility, while meeting building occupancy 
requirements. 
‘‘(G) RETROCOMMISSIONING.—The term ‘retrocommis- 
sioning’ means a process of commissioning a facility or 
system that was not commissioned at the time of construc-
tion of the facility or system. 
‘‘(2) FACILITY ENERGY MANAGERS.— 
‘‘(A) IN GENERAL.—Each Federal agency shall designate 
an energy manager responsible for implementing this sub-
section and reducing energy use at each facility that meets 
criteria under subparagraph (B).
H. R. 6—118 
‘‘(B) COVERED FACILITIES.—The Secretary shall develop 
criteria, after consultation with affected agencies, energy 
efficiency advocates, and energy and utility service pro-
viders, that cover, at a minimum, Federal facilities, 
including central utility plants and distribution systems 
and other energy intensive operations, that constitute at 
least 75 percent of facility energy use at each agency. 
‘‘(3) ENERGY AND WATER EVALUATIONS.— 
‘‘(A) EVALUATIONS.—Effective beginning on the date 
that is 180 days after the date of enactment of this sub-
section and annually thereafter, energy managers shall 
complete, for each calendar year, a comprehensive energy 
and water evaluation for approximately 25 percent of the 
facilities of each agency that meet the criteria under para-
graph (2)(B) in a manner that ensures that an evaluation 
of each such facility is completed at least once every 4 
years. 
‘‘(B) RECOMMISSIONING AND RETROCOMMISSIONING.—As 
part of the evaluation under subparagraph (A), the energy 
manager shall identify and assess recommissioning meas-
ures (or, if the facility has never been commissioned, 
retrocommissioning measures) for each such facility. 
‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY AND WATER 
EFFICIENCY
MEASURES.—Not later than 2 years after the 
completion of each evaluation under paragraph (3), each energy 
manager may— 
‘‘(A) implement any energy- or water-saving measure 
that the Federal agency identified in the evaluation con-
ducted under paragraph (3) that is life cycle cost-effective; 
and 
‘‘(B) bundle individual measures of varying paybacks 
together into combined projects. 
‘‘(5) FOLLOW-UP
ON
IMPLEMENTED
MEASURES.—For each 
measure implemented under paragraph (4), each energy man-
ager shall ensure that— 
‘‘(A) equipment, including building and equipment con-
trols, is fully commissioned at acceptance to be operating 
at design specifications; 
‘‘(B) a plan for appropriate operations, maintenance, 
and repair of the equipment is in place at acceptance 
and is followed; 
‘‘(C) equipment and system performance is measured 
during its entire life to ensure proper operations, mainte-
nance, and repair; and 
‘‘(D) energy and water savings are measured and 
verified. 
‘‘(6) GUIDELINES.— 
‘‘(A) IN GENERAL.—The Secretary shall issue guidelines 
and necessary criteria that each Federal agency shall follow 
for implementation of— 
‘‘(i) paragraphs (2) and (3) not later than 180 days 
after the date of enactment of this subsection; and 
‘‘(ii) paragraphs (4) and (5) not later than 1 year 
after the date of enactment of this subsection. 
‘‘(B) RELATIONSHIP TO FUNDING SOURCE.—The guide-
lines issued by the Secretary under subparagraph (A) shall 
be appropriate and uniform for measures funded with each
H. R. 6—119 
type of funding made available under paragraph (10), but 
may distinguish between different types of measures 
project size, and other criteria the Secretary determines 
are relevant. 
‘‘(7) WEB-BASED CERTIFICATION.— 
‘‘(A) IN
GENERAL.—For each facility that meets the 
criteria established by the Secretary under paragraph 
(2)(B), the energy manager shall use the web-based 
tracking system under subparagraph (B) to certify compli-
ance with the requirements for— 
‘‘(i) energy and water evaluations under paragraph 
(3); 
‘‘(ii) implementation of identified energy and water 
measures under paragraph (4); and 
‘‘(iii) follow-up on implemented measures under 
paragraph (5). 
‘‘(B) DEPLOYMENT.— 
‘‘(i) IN GENERAL.—Not later than 1 year after the 
date of enactment of this subsection, the Secretary 
shall develop and deploy a web-based tracking system 
required under this paragraph in a manner that tracks, 
at a minimum— 
‘‘(I) the covered facilities; 
‘‘(II) the status of meeting the requirements 
specified in subparagraph (A); 
‘‘(III) the estimated cost and savings for meas-
ures required to be implemented in a facility; 
‘‘(IV) the measured savings and persistence 
of savings for implemented measures; and 
‘‘(V) the benchmarking information disclosed 
under paragraph (8)(C). 
‘‘(ii) EASE OF COMPLIANCE.—The Secretary shall 
ensure that energy manager compliance with the 
requirements in this paragraph, to the maximum 
extent practicable— 
‘‘(I) can be accomplished with the use of 
streamlined procedures and templates that mini-
mize the time demands on Federal employees; and 
‘‘(II) is coordinated with other applicable 
energy reporting requirements. 
‘‘(C) AVAILABILITY.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), the Sec-
retary shall make the web-based tracking system 
required under this paragraph available to Congress, 
other Federal agencies, and the public through the 
Internet. 
‘‘(ii) EXEMPTIONS.—At the request of a Federal 
agency, the Secretary may exempt specific data for 
specific facilities from disclosure under clause (i) for 
national security purposes. 
‘‘(8) BENCHMARKING OF FEDERAL FACILITIES.— 
‘‘(A) IN
GENERAL.—The energy manager shall enter 
energy use data for each metered building that is (or is 
a part of) a facility that meets the criteria established 
by the Secretary under paragraph (2)(B) into a building 
energy use benchmarking system, such as the Energy Star 
Portfolio Manager.
H. R. 6—120 
‘‘(B) SYSTEM AND GUIDANCE.—Not later than 1 year 
after the date of enactment of this subsection, the Secretary 
shall— 
‘‘(i) select or develop the building energy use 
benchmarking system required under this paragraph 
for each type of building; and 
‘‘(ii) issue guidance for use of the system. 
‘‘(C) PUBLIC DISCLOSURE.—Each energy manager shall 
post the information entered into, or generated by, a 
benchmarking system under this subsection, on the web- 
based tracking system under paragraph (7)(B). The energy 
manager shall update such information each year, and 
shall include in such reporting previous years’ information 
to allow changes in building performance to be tracked 
over time. 
‘‘(9) FEDERAL AGENCY SCORECARDS.— 
‘‘(A) IN
GENERAL.—The Director of the Office of 
Management and Budget shall issue semiannual scorecards 
for energy management activities carried out by each Fed-
eral agency that includes— 
‘‘(i) summaries of the status of implementing the 
various requirements of the agency and its energy 
managers under this subsection; and 
‘‘(ii) any other means of measuring performance 
that the Director considers appropriate. 
‘‘(B) AVAILABILITY.—The Director shall make the score-
cards required under this paragraph available to Congress, 
other Federal agencies, and the public through the Internet. 
‘‘(10) FUNDING AND IMPLEMENTATION.— 
‘‘(A) AUTHORIZATION
OF
APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this subsection. 
‘‘(B) FUNDING OPTIONS.— 
‘‘(i) IN
GENERAL.—To carry out this subsection, 
a Federal agency may use any combination of— 
‘‘(I) appropriated funds made available under 
subparagraph (A); and 
‘‘(II) private financing otherwise authorized 
under Federal law, including financing available 
through energy savings performance contracts or 
utility energy service contracts. 
‘‘(ii) COMBINED FUNDING FOR SAME MEASURE.—A 
Federal agency may use any combination of appro-
priated funds and private financing described in clause 
(i) to carry out the same measure under this subsection. 
‘‘(C) IMPLEMENTATION.—Each Federal agency may 
implement the requirements under this subsection itself 
or may contract out performance of some or all of the 
requirements. 
‘‘(11) RULE OF CONSTRUCTION.—This subsection shall not 
be construed to require or to obviate any contractor savings 
guarantees.’’.
H. R. 6—121 
SEC. 433. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE 
STANDARDS. 
(a) STANDARDS.—Section 305(a)(3) of the Energy Conservation 
and Production Act (42 U.S.C. 6834(a)(3)) is amended by adding 
at the end the following new subparagraph: 
‘‘(D) Not later than 1 year after the date of enactment of 
the Energy Independence and Security Act of 2007, the Secretary 
shall establish, by rule, revised Federal building energy efficiency 
performance standards that require that: 
‘‘(i) For new Federal buildings and Federal buildings under-
going major renovations, with respect to which the Adminis-
trator of General Services is required to transmit a prospectus 
to Congress under section 3307 of title 40, United States Code, 
in the case of public buildings (as defined in section 3301 
of title 40, United States Code), or of at least $2,500,000 in 
costs adjusted annually for inflation for other buildings: 
‘‘(I) The buildings shall be designed so that the fossil 
fuel-generated energy consumption of the buildings is 
reduced, as compared with such energy consumption by 
a similar building in fiscal year 2003 (as measured by 
Commercial Buildings Energy Consumption Survey or Resi-
dential Energy Consumption Survey data from the Energy 
Information Agency), by the percentage specified in the 
following table: 
‘‘Fiscal Year 
Percentage Reduction
2010 ..............................................................
2015 ..............................................................
2020 ..............................................................
2025 ..............................................................
2030 ..............................................................
100. 
‘‘(II) Upon petition by an agency subject to this 
subparagraph, the Secretary may adjust the applicable 
numeric requirement under subclause (I) downward with 
respect to a specific building, if the head of the agency 
designing the building certifies in writing that meeting 
such requirement would be technically impracticable in 
light of the agency’s specified functional needs for that 
building and the Secretary concurs with the agency’s 
conclusion. This subclause shall not apply to the General 
Services Administration. 
‘‘(III) Sustainable design principles shall be applied 
to the siting, design, and construction of such buildings. 
Not later than 90 days after the date of enactment of 
the Energy Independence and Security Act of 2007, the 
Secretary, after reviewing the findings of the Federal 
Director under section 436(h) of that Act, in consultation 
with the Administrator of General Services, and in con-
sultation with the Secretary of Defense for considerations 
relating to those facilities under the custody and control 
of the Department of Defense, shall identify a certification 
system and level for green buildings that the Secretary 
determines to be the most likely to encourage a comprehen-
sive and environmentally-sound approach to certification 
of green buildings. The identification of the certification 
system and level shall be based on a review of the Federal
H. R. 6—122 
Director’s findings under section 436(h) of the Energy 
Independence and Security Act of 2007 and the criteria 
specified in clause (iii), shall identify the highest level 
the Secretary determines is appropriate above the min-
imum level required for certification under the system 
selected, and shall achieve results at least comparable to 
the system used by and highest level referenced by the 
General Services Administration as of the date of enact-
ment of the Energy Independence and Security Act of 2007. 
Within 90 days of the completion of each study required 
by clause (iv), the Secretary, in consultation with the 
Administrator of General Services, and in consultation with 
the Secretary of Defense for considerations relating to those 
facilities under the custody and control of the Department 
of Defense, shall review and update the certification system 
and level, taking into account the conclusions of such study. 
‘‘(ii) In establishing criteria for identifying major renova-
tions that are subject to the requirements of this subparagraph, 
the Secretary shall take into account the scope, degree, and 
types of renovations that are likely to provide significant 
opportunities for substantial improvements in energy efficiency. 
‘‘(iii) In identifying the green building certification system 
and level, the Secretary shall take into consideration— 
‘‘(I) the ability and availability of assessors and audi-
tors to independently verify the criteria and measurement 
of metrics at the scale necessary to implement this subpara-
graph; 
‘‘(II) the ability of the applicable certification organiza-
tion to collect and reflect public comment; 
‘‘(III) the ability of the standard to be developed and 
revised through a consensus-based process; 
‘‘(IV) an evaluation of the robustness of the criteria 
for a high-performance green building, which shall give 
credit for promoting— 
‘‘(aa) efficient and sustainable use of water, energy, 
and other natural resources; 
‘‘(bb) use of renewable energy sources; 
‘‘(cc) 
improved 
indoor 
environmental 
quality 
through enhanced indoor air quality, thermal comfort, 
acoustics, day lighting, pollutant source control, and 
use of low-emission materials and building system con-
trols; and 
‘‘(dd) such other criteria as the Secretary deter-
mines to be appropriate; and 
‘‘(V) national recognition within the building industry. 
‘‘(iv) At least once every 5 years, and in accordance with 
section 436 of the Energy Independence and Security Act of 
2007, the Administrator of General Services shall conduct a 
study to evaluate and compare available third-party green 
building certification systems and levels, taking into account 
the criteria listed in clause (iii). 
‘‘(v) The Secretary may by rule allow Federal agencies 
to develop internal certification processes, using certified profes-
sionals, in lieu of certification by the certification entity identi-
fied under clause (i)(III). The Secretary shall include in any 
such rule guidelines to ensure that the certification process 
results in buildings meeting the applicable certification system
H. R. 6—123 
and level identified under clause (i)(III). An agency employing 
an internal certification process must continue to obtain 
external certification by the certification entity identified under 
clause (i)(III) for at least 5 percent of the total number of 
buildings certified annually by the agency. 
‘‘(vi) With respect to privatized military housing, the Sec-
retary of Defense, after consultation with the Secretary may, 
through rulemaking, develop alternative criteria to those estab-
lished by subclauses (I) and (III) of clause (i) that achieve 
an equivalent result in terms of energy savings, sustainable 
design, and green building performance. 
‘‘(vii) In addition to any use of water conservation tech-
nologies otherwise required by this section, water conservation 
technologies shall be applied to the extent that the technologies 
are life-cycle cost-effective.’’. 
(b) DEFINITIONS.—Section 303(6) of the Energy Conservation 
and Production Act (42 U.S.C. 6832(6)) is amended by striking 
‘‘which is not legally subject to State or local building codes or 
similar requirements.’’ and inserting ‘‘. Such term shall include 
buildings built for the purpose of being leased by a Federal agency, 
and privatized military housing.’’. 
(c) REVISION OF FEDERAL ACQUISITION REGULATION.—Not later 
than 2 years after the date of the enactment of this Act, the 
Federal Acquisition Regulation shall be revised to require Federal 
officers and employees to comply with this section and the amend-
ments made by this section in the acquisition, construction, or 
major renovation of any facility. The members of the Federal 
Acquisition Regulatory Council (established under section 25 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 421)) shall 
consult with the Federal Director and the Commercial Director 
before promulgating regulations to carry out this subsection. 
(d) GUIDANCE.—Not later than 90 days after the date of 
promulgation of the revised regulations under subsection (c), the 
Administrator for Federal Procurement Policy shall issue guidance 
to all Federal procurement executives providing direction and 
instructions to renegotiate the design of proposed facilities and 
major renovations for existing facilities to incorporate improvements 
that are consistent with this section. 
SEC. 434. MANAGEMENT OF FEDERAL BUILDING EFFICIENCY. 
(a) LARGE CAPITAL ENERGY INVESTMENTS.—Section 543 of the 
National Energy Conservation Policy Act (42 U.S.C. 8253) is 
amended by adding at the end the following: 
‘‘(f) LARGE CAPITAL ENERGY INVESTMENTS.— 
‘‘(1) IN GENERAL.—Each Federal agency shall ensure that 
any large capital energy investment in an existing building 
that is not a major renovation but involves replacement of 
installed equipment (such as heating and cooling systems), 
or involves renovation, rehabilitation, expansion, or remodeling 
of existing space, employs the most energy efficient designs, 
systems, equipment, and controls that are life-cycle cost effec-
tive. 
‘‘(2) PROCESS FOR REVIEW OF INVESTMENT DECISIONS.—Not 
later than 180 days after the date of enactment of this sub-
section, each Federal agency shall—
H. R. 6—124 
‘‘(A) develop a process for reviewing each decision made 
on a large capital energy investment described in para-
graph (1) to ensure that the requirements of this subsection 
are met; and 
‘‘(B) report to the Director of the Office of Management 
and Budget on the process established. 
‘‘(3) COMPLIANCE REPORT.—Not later than 1 year after the 
date of enactment of this subsection, the Director of the Office 
of Management and Budget shall evaluate and report to Con-
gress on the compliance of each agency with this subsection.’’. 
(b) METERING.—Section 543(e)(1) of the National Energy Con-
servation Policy Act (42 U.S.C. 8253(e)(1)) is amended by inserting 
after the second sentence the following: ‘‘Not later than October 
1, 2016, each agency shall provide for equivalent metering of natural 
gas and steam, in accordance with guidelines established by the 
Secretary under paragraph (2).’’. 
SEC. 435. LEASING. 
(a) IN GENERAL.—Except as provided in subsection (b), effective 
beginning on the date that is 3 years after the date of enactment 
of this Act, no Federal agency shall enter into a contract to lease 
space in a building that has not earned the Energy Star label 
in the most recent year. 
(b) EXCEPTION.— 
(1) APPLICATION.—This subsection applies if— 
(A) no space is available in a building described in 
subsection (a) that meets the functional requirements of 
an agency, including locational needs; 
(B) the agency proposes to remain in a building that 
the agency has occupied previously; 
(C) the agency proposes to lease a building of historical, 
architectural, or cultural significance (as defined in section 
3306(a)(4) of title 40, United States Code) or space in 
such a building; or 
(D) the lease is for not more than 10,000 gross square 
feet of space. 
(2) BUILDINGS
WITHOUT
ENERGY
STAR
LABEL.—If one of 
the conditions described in paragraph (2) is met, the agency 
may enter into a contract to lease space in a building that 
has not earned the Energy Star label in the most recent year 
if the lease contract includes provisions requiring that, prior 
to occupancy or, in the case of a contract described in paragraph 
(1)(B), not later than 1 year after signing the contract, the 
space will be renovated for all energy efficiency and conserva-
tion improvements that would be cost effective over the life 
of the lease, including improvements in lighting, windows, and 
heating, ventilation, and air conditioning systems. 
(c) REVISION OF FEDERAL ACQUISITION REGULATION.— 
(1) IN GENERAL.—Not later than 3 years after the date 
of the enactment of this Act, the Federal Acquisition Regulation 
described in section 6(a) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 405(a)) shall be revised to require Federal 
officers and employees to comply with this section in leasing 
buildings. 
(2) CONSULTATION.—The members of the Federal Acquisi-
tion Regulatory Council established under section 25 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 421) shall
H. R. 6—125 
consult with the Federal Director and the Commercial Director 
before promulgating regulations to carry out this subsection. 
SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS. 
(a) ESTABLISHMENT OF OFFICE.—Not later than 60 days after 
the date of enactment of this Act, the Administrator shall establish 
within the General Services Administration an Office of Federal 
High-Performance Green Buildings, and appoint an individual to 
serve as Federal Director in, a position in the career-reserved 
Senior Executive service, to— 
(1) establish and manage the Office of Federal High- 
Performance Green Buildings; and 
(2) carry out other duties as required under this subtitle. 
(b) COMPENSATION.—The compensation of the Federal Director 
shall not exceed the maximum rate of basic pay for the Senior 
Executive Service under section 5382 of title 5, United States Code, 
including any applicable locality-based comparability payment that 
may be authorized under section 5304(h)(2)(C) of that title. 
(c) DUTIES.—The Federal Director shall— 
(1) coordinate the activities of the Office of Federal High- 
Performance Green Buildings with the activities of the Office 
of Commercial High-Performance Green Buildings, and the Sec-
retary, in accordance with section 305(a)(3)(D) of the Energy 
Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)); 
(2) ensure full coordination of high-performance green 
building information and activities within the General Services 
Administration and all relevant agencies, including, at a min-
imum— 
(A) the Environmental Protection Agency; 
(B) the Office of the Federal Environmental Executive; 
(C) the Office of Federal Procurement Policy; 
(D) the Department of Energy; 
(E) the Department of Health and Human Services; 
(F) the Department of Defense; 
(G) the Department of Transportation; 
(H) the National Institute of Standards and Tech-
nology; and 
(I) the Office of Science and Technology Policy; 
(3) establish a senior-level Federal Green Building Advisory 
Committee under section 474, which shall provide advice and 
recommendations in accordance with that section and sub-
section (d); 
(4) identify and every 5 years reassess improved or higher 
rating standards recommended by the Advisory Committee; 
(5) ensure full coordination, dissemination of information 
regarding, and promotion of the results of research and develop-
ment information relating to Federal high-performance green 
building initiatives; 
(6) identify and develop Federal high-performance green 
building standards for all types of Federal facilities, consistent 
with the requirements of this subtitle and section 305(a)(3)(D) 
of the Energy Conservation and Production Act (42 U.S.C. 
6834(a)(3)(D)); 
(7) establish green practices that can be used throughout 
the life of a Federal facility;
H. R. 6—126 
(8) review and analyze current Federal budget practices 
and life-cycle costing issues, and make recommendations to 
Congress, in accordance with subsection (d); and 
(9) identify opportunities to demonstrate innovative and 
emerging green building technologies and concepts. 
(d) ADDITIONAL DUTIES.—The Federal Director, in consultation 
with the Commercial Director and the Advisory Committee, and 
consistent with the requirements of section 305(a)(3)(D) of the 
Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)) 
shall— 
(1) identify, review, and analyze current budget and con-
tracting practices that affect achievement of high-performance 
green buildings, including the identification of barriers to high- 
performance green building life-cycle costing and budgetary 
issues; 
(2) develop guidance and conduct training sessions with 
budget specialists and contracting personnel from Federal agen-
cies and budget examiners to apply life-cycle cost criteria to 
actual projects; 
(3) identify tools to aid life-cycle cost decisionmaking; and 
(4) explore the feasibility of incorporating the benefits of 
high-performance green buildings, such as security benefits, 
into a cost-budget analysis to aid in life-cycle costing for budget 
and decisionmaking processes. 
(e) INCENTIVES.—Within 90 days after the date of enactment 
of this Act, the Federal Director shall identify incentives to encour-
age the expedited use of high-performance green buildings and 
related technology in the operations of the Federal Government, 
in accordance with the requirements of section 305(a)(3)(D) of the 
Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), 
including through— 
(1) the provision of recognition awards; and 
(2) the maximum feasible retention of financial savings 
in the annual budgets of Federal agencies for use in reinvesting 
in future high-performance green building initiatives. 
(f) REPORT.—Not later than 2 years after the date of enactment 
of this Act, and biennially thereafter, the Federal Director, in con-
sultation with the Secretary, shall submit to Congress a report 
that— 
(1) describes the status of compliance with this subtitle, 
the requirements of section 305(a)(3)(D) of the Energy Con-
servation and Production Act (42 U.S.C. 6834(a)(3)(D)), and 
other Federal high-performance green building initiatives in 
effect as of the date of the report, including— 
(A) the extent to which the programs are being carried 
out in accordance with this subtitle and the requirements 
of section 305(a)(3)(D) of that Act; and 
(B) the status of funding requests and appropriations 
for those programs; 
(2) identifies within the planning, budgeting, and construc-
tion process all types of Federal facility procedures that may 
affect the certification of new and existing Federal facilities 
as high-performance green buildings under the provisions of 
section 305(a)(3)(D) of that Act and the criteria established 
in subsection (h);
H. R. 6—127 
(3) identifies inconsistencies, as reported to the Advisory 
Committee, in Federal law with respect to product acquisition 
guidelines and high-performance product guidelines; 
(4) recommends language for uniform standards for use 
by Federal agencies in environmentally responsible acquisition; 
(5) in coordination with the Office of Management and 
Budget, reviews the budget process for capital programs with 
respect to alternatives for— 
(A) restructuring of budgets to require the use of com-
plete energy and environmental cost accounting; 
(B) using operations expenditures in budget-related 
decisions while simultaneously incorporating productivity 
and health measures (as those measures can be quantified 
by the Office of Federal High-Performance Green Buildings, 
with the assistance of universities and national labora-
tories); 
(C) streamlining measures for permitting Federal agen-
cies to retain all identified savings accrued as a result 
of the use of life-cycle costing for future high-performance 
green building initiatives; and 
(D) identifying short-term and long-term cost savings 
that accrue from high-performance green buildings, 
including those relating to health and productivity; 
(6) identifies green, self-sustaining technologies to address 
the operational needs of Federal facilities in times of national 
security emergencies, natural disasters, or other dire emer-
gencies; 
(7) summarizes and highlights development, at the State 
and local level, of high-performance green building initiatives, 
including executive orders, policies, or laws adopted promoting 
high-performance green building (including the status of 
implementation of those initiatives); and 
(8) includes, for the 2-year period covered by the report, 
recommendations to address each of the matters, and a plan 
for implementation of each recommendation, described in para-
graphs (1) through (7). 
(g) IMPLEMENTATION.—The Office of Federal High-Performance 
Green Buildings shall carry out each plan for implementation of 
recommendations under subsection (f)(8). 
(h) IDENTIFICATION OF CERTIFICATION SYSTEM.— 
(1) IN GENERAL.—For the purpose of this section, not later 
than 60 days after the date of enactment of this Act, the 
Federal Director shall identify and shall provide to the Sec-
retary pursuant to section 305(a)(3)(D) of the Energy Conserva-
tion and Production Act (42 U.S.C. 6834(a)(3)(D)), a certification 
system that the Director determines to be the most likely 
to encourage a comprehensive and environmentally-sound 
approach to certification of green buildings. 
(2) BASIS.—The system identified under paragraph (1) shall 
be based on— 
(A) a study completed every 5 years and provided 
to the Secretary pursuant to section 305(a)(3)(D) of that 
Act, which shall be carried out by the Federal Director 
to compare and evaluate standards; 
(B) the ability and availability of assessors and audi-
tors to independently verify the criteria and measurement 
of metrics at the scale necessary to implement this subtitle;
H. R. 6—128 
(C) the ability of the applicable standard-setting 
organization to collect and reflect public comment; 
(D) the ability of the standard to be developed and 
revised through a consensus-based process; 
(E) an evaluation of the robustness of the criteria for 
a high-performance green building, which shall give credit 
for promoting— 
(i) efficient and sustainable use of water, energy, 
and other natural resources; 
(ii) use of renewable energy sources; 
(iii) 
improved 
indoor 
environmental 
quality 
through enhanced indoor air quality, thermal comfort, 
acoustics, day lighting, pollutant source control, and 
use of low-emission materials and building system con-
trols; 
(iv) reduced impacts from transportation through 
building location and site design that promote access 
by public transportation; and 
(v) such other criteria as the Federal Director 
determines to be appropriate; and 
(F) national recognition within the building industry. 
SEC. 437. FEDERAL GREEN BUILDING PERFORMANCE. 
(a) IN GENERAL.—Not later than October 31 of each of the 
2 fiscal years following the fiscal year in which this Act is enacted, 
and at such times thereafter as the Comptroller General of the 
United States determines to be appropriate, the Comptroller Gen-
eral of the United States shall, with respect to the fiscal years 
that have passed since the preceding report— 
(1) conduct an audit of the implementation of this subtitle, 
section 305(a)(3)(D) of the Energy Conservation and Production 
Act (42 U.S.C. 6834(a)(3)(D)), and section 435; and 
(2) submit to the Federal Director, the Advisory Committee, 
the Administrator, and Congress a report describing the results 
of the audit. 
(b) CONTENTS.—An audit under subsection (a) shall include 
a review, with respect to the period covered by the report under 
subsection (a)(2), of— 
(1) budget, life-cycle costing, and contracting issues, using 
best practices identified by the Comptroller General of the 
United States and heads of other agencies in accordance with 
section 436(d); 
(2) the level of coordination among the Federal Director, 
the Office of Management and Budget, the Department of 
Energy, and relevant agencies; 
(3) the performance of the Federal Director and other agen-
cies in carrying out the implementation plan; 
(4) the design stage of high-performance green building 
measures; 
(5) high-performance building data that were collected and 
reported to the Office; and 
(6) such other matters as the Comptroller General of the 
United States determines to be appropriate. 
(c) ENVIRONMENTAL STEWARDSHIP SCORECARD.—The Federal 
Director shall consult with the Advisory Committee to enhance, 
and assist in the implementation of, the Office of Management 
and Budget government efficiency reports and scorecards under
H. R. 6—129 
section 528 and the Environmental Stewardship Scorecard 
announced at the White House summit on Federal sustainable 
buildings in January 2006, to measure the implementation by each 
Federal agency of sustainable design and green building initiatives. 
SEC. 438. STORM WATER RUNOFF REQUIREMENTS FOR FEDERAL 
DEVELOPMENT PROJECTS. 
The sponsor of any development or redevelopment project 
involving a Federal facility with a footprint that exceeds 5,000 
square feet shall use site planning, design, construction, and 
maintenance strategies for the property to maintain or restore, 
to the maximum extent technically feasible, the predevelopment 
hydrology of the property with regard to the temperature, rate, 
volume, and duration of flow. 
SEC. 439. COST-EFFECTIVE TECHNOLOGY ACCELERATION PROGRAM. 
(a) DEFINITION OF ADMINISTRATOR.—In this section, the term 
‘‘Administrator’’ means the Administrator of General Services. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Administrator shall establish a pro-
gram to accelerate the use of more cost-effective technologies 
and practices at GSA facilities. 
(2) REQUIREMENTS.—The program established under this 
subsection shall— 
(A) ensure centralized responsibility for the coordina-
tion of cost reduction-related recommendations, practices, 
and activities of all relevant Federal agencies; 
(B) provide technical assistance and operational guid-
ance to applicable tenants to achieve the goal identified 
in subsection (c)(2)(B)(ii); 
(C) establish methods to track the success of Federal 
departments and agencies with respect to that goal; and 
(D) be fully coordinated with and no less stringent 
nor less energy-conserving or water-conserving than 
required by other provisions of this Act and other applicable 
law, including sections 321 through 324, 431 through 438, 
461, 511 through 518, and 523 through 525 and amend-
ments made by those sections. 
(c) ACCELERATED USE OF TECHNOLOGIES.— 
(1) REVIEW.— 
(A) IN GENERAL.—As part of the program under this 
section, not later than 90 days after the date of enactment 
of this Act, the Administrator shall conduct a review of— 
(i) current use of cost-effective lighting technologies 
and geothermal heat pumps in GSA facilities; and 
(ii) the availability to managers of GSA facilities 
of cost-effective lighting technologies and geothermal 
heat pumps. 
(B) REQUIREMENTS.—The review under subparagraph 
(A) shall— 
(i) examine the use of cost-effective lighting tech-
nologies, geothermal heat pumps, and other cost-effec-
tive technologies and practices by Federal agencies 
in GSA facilities; and 
(ii) as prepared in consultation with the Adminis-
trator of the Environmental Protection Agency, identify 
cost-effective lighting technology and geothermal heat
H. R. 6—130 
pump technology standards that could be used for all 
types of GSA facilities. 
(2) REPLACEMENT.— 
(A) IN GENERAL.—As part of the program under this 
section, not later than 180 days after the date of enactment 
of this Act, the Administrator shall establish, using avail-
able appropriations and programs implementing sections 
432 and 525 (and amendments made by those sections), 
a cost-effective lighting technology and geothermal heat 
pump technology acceleration program to achieve maximum 
feasible replacement of existing lighting, heating, cooling 
technologies with cost-effective lighting technologies and 
geothermal heat pump technologies in each GSA facility. 
Such program shall fully comply with the requirements 
of sections 321 through 324, 431 through 438, 461, 511 
through 518, and 523 through 525 and amendments made 
by those sections and any other provisions of law, which 
shall be applicable to the extent that they are more strin-
gent or would achieve greater energy savings than required 
by this section. 
(B) ACCELERATION PLAN TIMETABLE.— 
(i) IN GENERAL.—To implement the program estab-
lished under subparagraph (A), not later than 1 year 
after the date of enactment of this Act, the Adminis-
trator shall establish a timetable of actions to comply 
with the requirements of this section and sections 431 
through 435, whichever achieves greater energy 
savings most expeditiously, including milestones for 
specific activities needed to replace existing lighting, 
heating, cooling technologies with cost-effective lighting 
technologies and geothermal heat pump technologies, 
to the maximum extent feasible (including at the max-
imum rate feasible), at each GSA facility. 
(ii) GOAL.—The goal of the timetable under clause 
(i) shall be to complete, using available appropriations 
and programs implementing sections 431 through 435 
(and amendments made by those sections), maximum 
feasible replacement of existing lighting, heating, and 
cooling technologies with cost-effective lighting tech-
nologies and geothermal heat pump technologies con-
sistent with the requirements of this section and sec-
tions 431 through 435, whichever achieves greater 
energy savings most expeditiously. Notwithstanding 
any provision of this section, such program shall fully 
comply with the requirements of the Act including 
sections 321 through 324, 431 through 438, 461, 511 
through 518, and 523 through 525 and amendments 
made by those sections and other provisions of law, 
which shall be applicable to the extent that they are 
more stringent or would achieve greater energy or 
water savings than required by this section. 
(d) GSA FACILITY TECHNOLOGIES AND PRACTICES.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, and annually thereafter, the Adminis-
trator shall— 
(A) ensure that a manager responsible for imple-
menting section 432 and for accelerating the use of cost-
H. R. 6—131 
effective technologies and practices is designated for each 
GSA facility; and 
(B) submit to Congress a plan to comply with section 
432, this section, and other applicable provisions of this 
Act and applicable law with respect to energy and water 
conservation at GSA facilities. 
(2) MEASURES.—The plan shall implement measures 
required by such other provisions of law in accordance with 
those provisions, and shall implement the measures required 
by this section to the maximum extent feasible (including at 
the maximum rate feasible) using available appropriations and 
programs implementing sections 431 through 435 and 525 (and 
amendments made by those sections), by not later than the 
date that is 5 years after the date of enactment of this Act. 
(3) CONTENTS OF PLAN.—The plan shall— 
(A) with respect to cost-effective technologies and prac-
tices— 
(i) identify the specific activities needed to comply 
with sections 431 through 435; 
(ii) identify the specific activities needed to achieve 
at least a 20-percent reduction in operational costs 
through the application of cost-effective technologies 
and practices from 2003 levels at GSA facilities by 
not later than 5 years after the date of enactment 
of this Act; 
(iii) describe activities required and carried out 
to estimate the funds necessary to achieve the reduc-
tion described in clauses (i) and (ii); 
(B) include an estimate of the funds necessary to carry 
out this section; 
(C) describe the status of the implementation of cost- 
effective technologies and practices at GSA facilities, 
including— 
(i) the extent to which programs, including the 
program established under subsection (b), are being 
carried out in accordance with this subtitle; and 
(ii) the status of funding requests and appropria-
tions for those programs; 
(D) identify within the planning, budgeting, and 
construction processes, all types of GSA facility-related 
procedures that inhibit new and existing GSA facilities 
from implementing cost-effective technologies; 
(E) recommend language for uniform standards for 
use by Federal agencies in implementing cost-effective tech-
nologies and practices; 
(F) in coordination with the Office of Management 
and Budget, review the budget process for capital programs 
with respect to alternatives for— 
(i) implementing measures that will assure that 
Federal agencies retain all identified savings accrued 
as a result of the use of cost-effective technologies, 
consistent with section 543(a)(1) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(a)(1), and 
other applicable law; and 
(ii) identifying short- and long-term cost savings 
that accrue from the use of cost-effective technologies 
and practices;
H. R. 6—132 
(G) with respect to cost-effective technologies and prac-
tices, achieve substantial operational cost savings through 
the application of the technologies; and 
(H) include recommendations to address each of the 
matters, and a plan for implementation of each rec-
ommendation, described in subparagraphs (A) through (G). 
(4) ADMINISTRATION.—Notwithstanding any provision of 
this section, the program required under this section shall 
fully comply with the requirements of sections 321 through 
324, 431 through 438, 461, 511 through 518, and 523 through 
525 and amendments made by those sections, which shall be 
applicable to the extent that they are more stringent or would 
achieve greater energy or water savings than required by this 
section. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section, to remain available until expended. 
SEC. 440. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out sections 
434 through 439 and 482 $4,000,000 for each of fiscal years 2008 
through 2012, to remain available until expended. 
SEC. 441. PUBLIC BUILDING LIFE-CYCLE COSTS. 
Section 544(a)(1) of the National Energy Conservation Policy 
Act (42 U.S.C. 8254(a)(1)) is amended by striking ‘‘25’’ and inserting 
‘‘40’’. 
Subtitle D—Industrial Energy Efficiency 
SEC. 451. INDUSTRIAL ENERGY EFFICIENCY. 
(a) IN GENERAL.—Title III of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6291 et seq.) is amended by inserting after 
part D the following: 
‘‘PART E—INDUSTRIAL ENERGY EFFICIENCY 
‘‘SEC. 371. DEFINITIONS. 
‘‘In this part: 
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 
Administrator of the Environmental Protection Agency. 
‘‘(2) COMBINED HEAT AND POWER.—The term ‘combined heat 
and power system’ means a facility that— 
‘‘(A) simultaneously and efficiently produces useful 
thermal energy and electricity; and 
‘‘(B) recovers not less than 60 percent of the energy 
value in the fuel (on a higher-heating-value basis) in the 
form of useful thermal energy and electricity. 
‘‘(3) NET
EXCESS
POWER.—The term ‘net excess power’ 
means, for any facility, recoverable waste energy recovered 
in the form of electricity in quantities exceeding the total 
consumption of electricity at the specific time of generation 
on the site at which the facility is located. 
‘‘(4) PROJECT.—The term ‘project’ means a recoverable 
waste energy project or a combined heat and power system 
project.
H. R. 6—133 
‘‘(5) RECOVERABLE WASTE ENERGY.—The term ‘recoverable 
waste energy’ means waste energy from which electricity or 
useful thermal energy may be recovered through modification 
of an existing facility or addition of a new facility. 
‘‘(6) REGISTRY.—The term ‘Registry’ means the Registry 
of Recoverable Waste Energy Sources established under section 
372(d). 
‘‘(7) USEFUL THERMAL ENERGY.—The term ‘useful thermal 
energy’ means energy— 
‘‘(A) in the form of direct heat, steam, hot water, or 
other thermal form that is used in production and beneficial 
measures for heating, cooling, humidity control, process 
use, or other valid thermal end-use energy requirements; 
and 
‘‘(B) for which fuel or electricity would otherwise be 
consumed. 
‘‘(8) WASTE
ENERGY.—The term ‘waste energy’ means— 
‘‘(A) exhaust heat or flared gas from any industrial 
process; 
‘‘(B) waste gas or industrial tail gas that would other-
wise be flared, incinerated, or vented; 
‘‘(C) a pressure drop in any gas, excluding any pressure 
drop to a condenser that subsequently vents the resulting 
heat; and 
‘‘(D) such other forms of waste energy as the Adminis-
trator may determine. 
‘‘(9) OTHER TERMS.—The terms ‘electric utility’, ‘nonregu-
lated electric utility’, ‘State regulated electric utility’, and other 
terms have the meanings given those terms in title I of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2611 
et seq.). 
‘‘SEC. 372. SURVEY AND REGISTRY. 
‘‘(a) RECOVERABLE WASTE ENERGY INVENTORY PROGRAM.— 
‘‘(1) IN GENERAL.—The Administrator, in cooperation with 
the Secretary and State energy offices, shall establish a recover-
able waste energy inventory program. 
‘‘(2) SURVEY.—The program shall include— 
‘‘(A) an ongoing survey of all major industrial and 
large commercial combustion sources in the United States 
(as defined by the Administrator) and the sites at which 
the sources are located; and 
‘‘(B) a review of each source for the quantity and 
quality of waste energy produced at the source. 
‘‘(b) CRITERIA.— 
‘‘(1) IN GENERAL.—Not later than 270 days after the date 
of enactment of the Energy Independence and Security Act 
of 2007, the Administrator shall publish a rule for establishing 
criteria for including sites in the Registry. 
‘‘(2) INCLUSIONS.—The criteria shall include— 
‘‘(A) a requirement that, to be included in the Registry, 
a project at the site shall be determined to be economically 
feasible by virtue of offering a payback of invested costs 
not later than 5 years after the date of first full project 
operation (including incentives offered under this part); 
‘‘(B) standards to ensure that projects proposed for 
inclusion in the Registry are not developed or used for
H. R. 6—134 
the primary purpose of making sales of excess electric 
power under the regulatory provisions of this part; and 
‘‘(C) procedures for contesting the listing of any source 
or site on the Registry by any State, utility, or other 
interested person. 
‘‘(c) TECHNICAL SUPPORT.—On the request of the owner or oper-
ator of a source or site included in the Registry, the Secretary 
shall— 
‘‘(1) provide to owners or operators of combustion sources 
technical support; and 
‘‘(2) offer partial funding (in an amount equal to not more 
than 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 a source would offer a payback 
period of 5 years or less. 
‘‘(d) REGISTRY.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN
GENERAL.—Not later than 1 year after the 
date of enactment of the Energy Independence and Security 
Act of 2007, the Administrator shall establish a Registry 
of Recoverable Waste Energy Sources, and sites on which 
the sources are located, that meet the criteria established 
under subsection (b). 
‘‘(B) 
UPDATES; 
AVAILABILITY.—The 
Administrator 
shall— 
‘‘(i) update the Registry on a regular basis; and 
‘‘(ii) make the Registry available to the public on 
the website of the Environmental Protection Agency. 
‘‘(C) CONTESTING LISTING.—Any State, electric utility, 
or other interested person may contest the listing of any 
source or site by submitting a petition to the Administrator. 
‘‘(2) CONTENTS.— 
‘‘(A) IN
GENERAL.—The Administrator shall register 
and include on the Registry all sites meeting the criteria 
established under subsection (b). 
‘‘(B) QUANTITY OF RECOVERABLE WASTE ENERGY.—The 
Administrator shall— 
‘‘(i) calculate the total quantities of potentially 
recoverable waste energy from sources at the sites, 
nationally and by State; and 
‘‘(ii) make public— 
‘‘(I) the total quantities described in clause 
(i); and 
‘‘(II) information on the criteria pollutant and 
greenhouse gas emissions savings that might be 
achieved with recovery of the waste energy from 
all sources and sites listed on the Registry. 
‘‘(3) AVAILABILITY OF INFORMATION.— 
‘‘(A) IN
GENERAL.—The Administrator shall notify 
owners or operators of recoverable waste energy sources 
and sites listed on the Registry prior to publishing the 
listing. 
‘‘(B) DETAILED QUANTITATIVE INFORMATION.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), the owner or operator of a source at a site may
H. R. 6—135 
elect to have detailed quantitative information con-
cerning the site not made public by notifying the 
Administrator of the election. 
‘‘(ii) LIMITED AVAILABILITY.—The information shall 
be made available to— 
‘‘(I) the applicable State energy office; and 
‘‘(II) any utility requested to support recovery 
of waste energy from the source pursuant to the 
incentives provided under section 374. 
‘‘(iii) STATE TOTALS.—Information concerning the 
site shall be included in the total quantity of recover-
able waste energy for a State unless there are fewer 
than 3 sites in the State. 
‘‘(4) REMOVAL OF PROJECTS FROM REGISTRY.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), as a 
project achieves successful recovery of waste energy, the 
Administrator shall— 
‘‘(i) remove the related sites or sources from the 
Registry; and 
‘‘(ii) designate the removed projects as eligible for 
incentives under section 374. 
‘‘(B) LIMITATION.—No project shall be removed from 
the Registry without the consent of the owner or operator 
of the project if— 
‘‘(i) the owner or operator has submitted a petition 
under section 374; and 
‘‘(ii) the petition has not been acted on or denied. 
‘‘(5) INELIGIBILITY
OF
CERTAIN
SOURCES.—The Adminis-
trator shall not list any source constructed after the date of 
the enactment of the Energy Independence and Security Act 
of 2007 on the Registry if the Administrator determines that 
the source— 
‘‘(A) was developed for the primary purpose of making 
sales of excess electric power under the regulatory provi-
sions of this part; or 
‘‘(B) does not capture at least 60 percent of the total 
energy value of the fuels used (on a higher-heating-value 
basis) in the form of useful thermal energy, electricity, 
mechanical energy, chemical output, or any combination 
thereof. 
‘‘(e) SELF-CERTIFICATION.— 
‘‘(1) IN GENERAL.—Subject to any procedures that are estab-
lished by the Administrator, an owner, operator, or third-party 
developer of a recoverable waste energy project that qualifies 
under standards established by the Administrator may self- 
certify the sites or sources of the owner, operator, or developer 
to the Administrator for inclusion in the Registry. 
‘‘(2) REVIEW
AND
APPROVAL.—To prevent a fraudulent 
listing, a site or source shall be included on the Registry only 
if the Administrator reviews and approves the self-certification. 
‘‘(f) NEW FACILITIES.—As a new energy-consuming industrial 
facility is developed after the date of enactment of the Energy 
Independence and Security Act of 2007, to the extent the facility 
may constitute a site with recoverable waste energy that may 
qualify for inclusion on the Registry, the Administrator may elect 
to include the facility on the Registry, at the request of the owner, 
operator, or developer of the facility, on a conditional basis with
H. R. 6—136 
the site to be removed from the Registry if the development ceases 
or the site fails to qualify for listing under this part. 
‘‘(g) OPTIMUM MEANS OF RECOVERY.—For each site listed in 
the Registry, at the request of the owner or operator of the site, 
the Administrator shall offer, in cooperation with Clean Energy 
Application Centers operated by the Secretary of Energy, sugges-
tions for optimum means of recovery of value from waste energy 
stream in the form of electricity, useful thermal energy, or other 
energy-related products. 
‘‘(h) REVISION.—Each annual report of a State under section 
548(a) of the National Energy Conservation Policy Act (42 U.S.C. 
8258(a)) shall include the results of the survey for the State under 
this section. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to— 
‘‘(1) the Administrator to create and maintain the Registry 
and services authorized by this section, $1,000,000 for each 
of fiscal years 2008 through 2012; and 
‘‘(2) the Secretary— 
‘‘(A) to assist site or source owners and operators in 
determining the feasibility of projects authorized by this 
section, $2,000,000 for each of fiscal years 2008 through 
2012; and 
‘‘(B) to provide funding for State energy office functions 
under this section, $5,000,000. 
‘‘SEC. 373. WASTE ENERGY RECOVERY INCENTIVE GRANT PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish in the 
Department of Energy a waste energy recovery incentive grant 
program to provide incentive grants to— 
‘‘(1) owners and operators of projects that successfully 
produce electricity or incremental useful thermal energy from 
waste energy recovery; 
‘‘(2) utilities purchasing or distributing the electricity; and 
‘‘(3) States that have achieved 80 percent or more of 
recoverable waste heat recovery opportunities. 
‘‘(b) GRANTS TO PROJECTS AND UTILITIES.— 
‘‘(1) IN GENERAL.—The Secretary shall make grants under 
this section— 
‘‘(A) to the owners or operators of waste energy 
recovery projects; and 
‘‘(B) in the case of excess power purchased or trans-
mitted by a electric utility, to the utility. 
‘‘(2) PROOF.—Grants may only be made under this section 
on receipt of proof of waste energy recovery or excess electricity 
generation, or both, from the project in a form prescribed by 
the Secretary. 
‘‘(3) EXCESS ELECTRIC ENERGY.— 
‘‘(A) IN GENERAL.—In the case of waste energy recovery, 
a grant under this section shall be made at the rate of 
$10 per megawatt hour of documented electricity produced 
from recoverable waste energy (or by prevention of waste 
energy in the case of a new facility) by the project during 
the first 3 calendar years of production, beginning on or 
after the date of enactment of the Energy Independence 
and Security Act of 2007.
H. R. 6—137 
‘‘(B) UTILITIES.—If the project produces net excess 
power and an electric utility purchases or transmits the 
excess power, 50 percent of so much of the grant as is 
attributable to the net excess power shall be paid to the 
electric utility purchasing or transporting the net excess 
power. 
‘‘(4) USEFUL THERMAL ENERGY.—In the case of waste energy 
recovery that produces useful thermal energy that is used for 
a purpose different from that for which the project is principally 
designed, a grant under this section shall be made to the 
owner or operator of the waste energy recovery project at the 
rate of $10 for each 3,412,000 Btus of the excess thermal 
energy used for the different purpose. 
‘‘(c) GRANTS TO STATES.—In the case of any State that has 
achieved 80 percent or more of waste heat recovery opportunities 
identified by the Secretary under this part, the Administrator shall 
make a 1-time grant to the State in an amount of not more than 
$1,000 per megawatt of waste-heat capacity recovered (or a thermal 
equivalent) to support State-level programs to identify and achieve 
additional energy efficiency. 
‘‘(d) ELIGIBILITY.—The Secretary shall— 
‘‘(1) establish rules and guidelines to establish eligibility 
for grants under subsection (b); 
‘‘(2) publicize the availability of the grant program known 
to owners or operators of recoverable waste energy sources 
and sites listed on the Registry; and 
‘‘(3) award grants under the program on the basis of the 
merits of each project in recovering or preventing waste energy 
throughout the United States on an impartial, objective, and 
not unduly discriminatory basis. 
‘‘(e) LIMITATION.—The Secretary shall not award grants to any 
person for a combined heat and power project or a waste heat 
recovery project that qualifies for specific Federal tax incentives 
for combined heat and power or for waste heat recovery. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary— 
‘‘(1) to make grants to projects and utilities under sub-
section (b)— 
‘‘(A) $100,000,000 for fiscal year 2008 and $200,000,000 
for each of fiscal years 2009 through 2012; and 
‘‘(B) such additional amounts for fiscal year 2008 and 
each fiscal year thereafter as may be necessary for adminis-
tration of the waste energy recovery incentive grant pro-
gram; and 
‘‘(2) to make grants to States under subsection (b), 
$10,000,000 for each of fiscal years 2008 through 2012, to 
remain available until expended. 
‘‘SEC. 374. ADDITIONAL INCENTIVES FOR RECOVERY, USE, AND 
PREVENTION OF INDUSTRIAL WASTE ENERGY. 
‘‘(a) CONSIDERATION OF STANDARD.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the receipt 
by a State regulatory authority (with respect to each electric 
utility for which the authority has ratemaking authority), or 
nonregulated electric utility, of a request from a project sponsor 
or owner or operator, the State regulatory authority or nonregu-
lated electric utility shall—
H. R. 6—138 
‘‘(A) provide public notice and conduct a hearing 
respecting the standard established by subsection (b); and 
‘‘(B) on the basis of the hearing, consider and make 
a determination whether or not it is appropriate to imple-
ment the standard to carry out the purposes of this part. 
‘‘(2) RELATIONSHIP TO STATE LAW.—For purposes of any 
determination under paragraph (1) and any review of the deter-
mination in any court, the purposes of this section supplement 
otherwise applicable State law. 
‘‘(3) NONADOPTION OF STANDARD.—Nothing in this part pro-
hibits any State regulatory authority or nonregulated electric 
utility from making any determination that it is not appropriate 
to adopt any standard described in paragraph (1), pursuant 
to authority under otherwise applicable State law. 
‘‘(b) STANDARD FOR SALES OF EXCESS POWER.—For purposes 
of this section, the standard referred to in subsection (a) shall 
provide that an owner or operator of a waste energy recovery 
project identified on the Registry that generates net excess power 
shall be eligible to benefit from at least 1 of the options described 
in subsection (c) for disposal of the net excess power in accordance 
with the rate conditions and limitations described in subsection 
(d). 
‘‘(c) OPTIONS.—The options referred to in subsection (b) are 
as follows: 
‘‘(1) SALE OF NET EXCESS POWER TO UTILITY.—The electric 
utility shall purchase the net excess power from the owner 
or operator of the eligible waste energy recovery project during 
the operation of the project under a contract entered into for 
that purpose. 
‘‘(2) TRANSPORT
BY
UTILITY
FOR
DIRECT
SALE
TO
THIRD 
PARTY.—The electric utility shall transmit the net excess power 
on behalf of the project owner or operator to up to 3 separate 
locations on the system of the utility for direct sale by the 
owner or operator to third parties at those locations. 
‘‘(3) TRANSPORT OVER PRIVATE TRANSMISSION LINES.—The 
State and the electric utility shall permit, and shall waive 
or modify such laws as would otherwise prohibit, the construc-
tion and operation of private electric wires constructed, owned, 
and operated by the project owner or operator, to transport 
the power to up to 3 purchasers within a 3-mile radius of 
the project, allowing the wires to use or cross public rights- 
of-way, without subjecting the project to regulation as a public 
utility, and according the wires the same treatment for safety, 
zoning, land use, and other legal privileges as apply or would 
apply to the wires of the utility, except that— 
‘‘(A) there shall be no grant of any power of eminent 
domain to take or cross private property for the wires; 
and 
‘‘(B) the wires shall be physically segregated and not 
interconnected with any portion of the system of the utility, 
except on the customer side of the revenue meter of the 
utility and in a manner that precludes any possible export 
of the electricity onto the utility system, or disruption 
of the system. 
‘‘(4) AGREED ON ALTERNATIVES.—The utility and the owner 
or operator of the project may reach agreement on any alternate 
arrangement and payments or rates associated with the
H. R. 6—139 
arrangement that is mutually satisfactory and in accord with 
State law. 
‘‘(d) RATE CONDITIONS AND CRITERIA.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) PER UNIT DISTRIBUTION COSTS.—The term ‘per unit 
distribution costs’ means (in kilowatt hours) the quotient 
obtained by dividing— 
‘‘(i) the depreciated book-value distribution system 
costs of a utility; by 
‘‘(ii) the volume of utility electricity sales or trans-
mission during the previous year at the distribution 
level. 
‘‘(B) PER UNIT DISTRIBUTION MARGIN.—The term ‘per 
unit distribution margin’ means— 
‘‘(i) in the case of a State-regulated electric utility, 
a per-unit gross pretax profit equal to the product 
obtained by multiplying— 
‘‘(I) the State-approved percentage rate of 
return for the utility for distribution system assets; 
by 
‘‘(II) the per unit distribution costs; and 
‘‘(ii) in the case of a nonregulated utility, a per 
unit contribution to net revenues determined multi-
plying— 
‘‘(I) the percentage (but not less than 10 per-
cent) obtained by dividing— 
‘‘(aa) the amount of any net revenue pay-
ment or contribution to the owners or sub-
scribers of the nonregulated utility during the 
prior year; by 
‘‘(bb) the gross revenues of the utility 
during the prior year to obtain a percentage; 
by 
‘‘(II) the per unit distribution costs. 
‘‘(C) PER UNIT TRANSMISSION COSTS.—The term ‘per 
unit transmission costs’ means the total cost of those trans-
mission services purchased or provided by a utility on 
a per-kilowatt-hour basis as included in the retail rate 
of the utility. 
‘‘(2) OPTIONS.—The options described in paragraphs (1) and 
(2) in subsection (c) shall be offered under purchase and trans-
port rate conditions that reflect the rate components defined 
under paragraph (1) as applicable under the circumstances 
described in paragraph (3). 
‘‘(3) APPLICABLE RATES.— 
‘‘(A) RATES
APPLICABLE
TO
SALE
OF
NET
EXCESS 
POWER.— 
‘‘(i) IN GENERAL.—Sales made by a project owner 
or operator of a facility under the option described 
in subsection (c)(1) shall be paid for on a per kilowatt 
hour basis that shall equal the full undiscounted retail 
rate paid to the utility for power purchased by the 
facility minus per unit distribution costs, that applies 
to the type of utility purchasing the power. 
‘‘(ii) VOLTAGES EXCEEDING 25 KILOVOLTS.—If the 
net excess power is made available for purchase at 
voltages that must be transformed to or from voltages
H. R. 6—140 
exceeding 25 kilovolts to be available for resale by 
the utility, the purchase price shall further be reduced 
by per unit transmission costs. 
‘‘(B) RATES APPLICABLE TO TRANSPORT BY UTILITY FOR 
DIRECT SALE TO THIRD PARTIES.— 
‘‘(i) IN
GENERAL.—Transportation by utilities of 
power on behalf of the owner or operator of a project 
under the option described in subsection (c)(2) shall 
incur a transportation rate that shall equal the per 
unit distribution costs and per unit distribution 
margin, that applies to the type of utility transporting 
the power. 
‘‘(ii) VOLTAGES EXCEEDING 25 KILOVOLTS.—If the 
net excess power is made available for transportation 
at voltages that must be transformed to or from 
voltages exceeding 25 kilovolts to be transported to 
the designated third-party purchasers, the transport 
rate shall further be increased by per unit transmission 
costs. 
‘‘(iii) STATES WITH COMPETITIVE RETAIL MARKETS 
FOR ELECTRICITY.—In a State with a competitive retail 
market for electricity, the applicable transportation 
rate for similar transportation shall be applied in lieu 
of any rate calculated under this paragraph. 
‘‘(4) LIMITATIONS.— 
‘‘(A) IN
GENERAL.—Any rate established for sale or 
transportation under this section shall— 
‘‘(i) be modified over time with changes in the 
underlying costs or rates of the electric utility; and 
‘‘(ii) reflect the same time-sensitivity and billing 
periods as are established in the retail sales or 
transportation rates offered by the utility. 
‘‘(B) LIMITATION.—No utility shall be required to pur-
chase or transport a quantity of net excess power under 
this section that exceeds the available capacity of the wires, 
meter, or other equipment of the electric utility serving 
the site unless the owner or operator of the project agrees 
to pay necessary and reasonable upgrade costs. 
‘‘(e) PROCEDURAL
REQUIREMENTS
FOR
CONSIDERATION
AND 
DETERMINATION.— 
‘‘(1) PUBLIC NOTICE AND HEARING.— 
‘‘(A) IN GENERAL.—The consideration referred to in sub-
section (a) shall be made after public notice and hearing. 
‘‘(B) ADMINISTRATION.—The determination referred to 
in subsection (a) shall be— 
‘‘(i) in writing; 
‘‘(ii) based on findings included in the determina-
tion and on the evidence presented at the hearing; 
and 
‘‘(iii) available to the public. 
‘‘(2) INTERVENTION BY ADMINISTRATOR.—The Administrator 
may intervene as a matter of right in a proceeding conducted 
under this section— 
‘‘(A) to calculate— 
‘‘(i) the energy and emissions likely to be saved 
by electing to adopt 1 or more of the options; and
H. R. 6—141 
‘‘(ii) the costs and benefits to ratepayers and the 
utility; and 
‘‘(B) to advocate for the waste-energy recovery oppor-
tunity. 
‘‘(3) PROCEDURES.— 
‘‘(A) IN
GENERAL.—Except as otherwise provided in 
paragraphs (1) and (2), the procedures for the consideration 
and determination referred to in subsection (a) shall be 
the procedures established by the State regulatory 
authority or the nonregulated electric utility. 
‘‘(B) MULTIPLE
PROJECTS.—If there is more than 1 
project seeking consideration simultaneously in connection 
with the same utility, the proceeding may encompass all 
such projects, if full attention is paid to individual cir-
cumstances and merits and an individual judgment is 
reached with respect to each project. 
‘‘(f) IMPLEMENTATION.— 
‘‘(1) IN
GENERAL.—The State regulatory authority (with 
respect to each electric utility for which the authority has 
ratemaking authority) or nonregulated electric utility may, to 
the extent consistent with otherwise applicable State law— 
‘‘(A) implement the standard determined under this 
section; or 
‘‘(B) decline to implement any such standard. 
‘‘(2) NONIMPLEMENTATION OF STANDARD.— 
‘‘(A) IN GENERAL.—If a State regulatory authority (with 
respect to each electric utility for which the authority has 
ratemaking authority) or nonregulated electric utility 
declines to implement any standard established by this 
section, the authority or nonregulated electric utility shall 
state in writing the reasons for declining to implement 
the standard. 
‘‘(B) AVAILABILITY TO PUBLIC.—The statement of rea-
sons shall be available to the public. 
‘‘(C) ANNUAL REPORT.—The Administrator shall include 
in an annual report submitted to Congress a description 
of the lost opportunities for waste-heat recovery from the 
project described in subparagraph (A), specifically identi-
fying the utility and stating the quantity of lost energy 
and emissions savings calculated. 
‘‘(D) NEW PETITION.—If a State regulatory authority 
(with respect to each electric utility for which the authority 
has ratemaking authority) or nonregulated electric utility 
declines to implement the standard established by this 
section, the project sponsor may submit a new petition 
under this section with respect to the project at any time 
after the date that is 2 years after the date on which 
the State regulatory authority or nonregulated utility 
declined to implement the standard. 
‘‘SEC. 375. CLEAN ENERGY APPLICATION CENTERS. 
‘‘(a) RENAMING.— 
‘‘(1) IN GENERAL.—The Combined Heat and Power Applica-
tion Centers of the Department of Energy are redesignated 
as Clean Energy Application Centers. 
‘‘(2) REFERENCES.—Any reference in any law, rule, regula-
tion, or publication to a Combined Heat and Power Application
H. R. 6—142 
Center shall be treated as a reference to a Clean Energy 
Application Center. 
‘‘(b) RELOCATION.— 
‘‘(1) IN GENERAL.—In order to better coordinate efforts with 
the separate Industrial Assessment Centers and to ensure that 
the energy efficiency and, when applicable, the renewable 
nature of deploying mature clean energy technology is fully 
accounted for, the Secretary shall relocate the administration 
of the Clean Energy Application Centers to the Office of Energy 
Efficiency and Renewable Energy within the Department of 
Energy. 
‘‘(2) OFFICE OF ELECTRICITY DELIVERY AND ENERGY RELI-
ABILITY.—The Office of Electricity Delivery and Energy Reli-
ability shall— 
‘‘(A) continue to perform work on the role of technology 
described in paragraph (1) in support of the grid and the 
reliability and security of the technology; and 
‘‘(B) shall assist the Clean Energy Application Centers 
in the work of the Centers with regard to the grid and 
with electric utilities. 
‘‘(c) GRANTS.— 
‘‘(1) IN
GENERAL.—The Secretary shall make grants to 
universities, research centers, and other appropriate institu-
tions to ensure the continued operations and effectiveness of 
8 Regional Clean Energy Application Centers in each of the 
following regions (as designated for such purposes as of the 
date of the enactment of the Energy Independence and Security 
Act of 2007): 
‘‘(A) Gulf Coast. 
‘‘(B) Intermountain. 
‘‘(C) Mid-Atlantic. 
‘‘(D) Midwest. 
‘‘(E) Northeast. 
‘‘(F) Northwest. 
‘‘(G) Pacific. 
‘‘(H) Southeast. 
‘‘(2) ESTABLISHMENT
OF
GOALS
AND
COMPLIANCE.—In 
making grants under this subsection, the Secretary shall ensure 
that sufficient goals are established and met by each Center 
throughout the program duration concerning outreach and tech-
nology deployment. 
‘‘(d) ACTIVITIES.— 
‘‘(1) IN GENERAL.—Each Clean Energy Application Center 
shall— 
‘‘(A) operate a program to encourage deployment of 
clean energy technologies through education and outreach 
to building and industrial professionals; and other individ-
uals and organizations with an interest in efficient energy 
use; and 
‘‘(B) provide project specific support to building and 
industrial professionals through assessments and advisory 
activities. 
‘‘(2) TYPES OF ACTIVITIES.—Funds made available under 
this section may be used— 
‘‘(A) to develop and distribute informational materials 
on clean energy technologies, including continuation of the
H. R. 6—143 
8 websites in existence on the date of enactment of the 
Energy Independence and Security Act of 2007; 
‘‘(B) to develop and conduct target market workshops, 
seminars, Internet programs, and other activities to edu-
cate end users, regulators, and stakeholders in a manner 
that leads to the deployment of clean energy technologies; 
‘‘(C) to provide or coordinate onsite assessments for 
sites and enterprises that may consider deployment of clean 
energy technology; 
‘‘(D) to perform market research to identify high profile 
candidates for clean energy deployment; 
‘‘(E) to provide consulting support to sites considering 
deployment of clean energy technologies; 
‘‘(F) to assist organizations developing clean energy 
technologies to overcome barriers to deployment; and 
‘‘(G) to assist companies and organizations with 
performance evaluations of any clean energy technology 
implemented. 
‘‘(e) DURATION.— 
‘‘(1) IN GENERAL.—A grant awarded under this section shall 
be for a period of 5 years 
‘‘(2) ANNUAL EVALUATIONS.—Each grant shall be evaluated 
annually for the continuation of the grant based on the activi-
ties and results of the grant. 
‘‘(f) AUTHORIZATION.—There is authorized to be appropriated 
to carry out this section $10,000,000 for each of fiscal years 2008 
through 2012.’’. 
(b) TABLE OF CONTENTS.—The table of contents of the Energy 
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended 
by inserting after the items relating to part D of title III the 
following: 
‘‘PART E—INDUSTRIAL ENERGY EFFICIENCY 
‘‘Sec. 371. Definitions. 
‘‘Sec. 372. Survey and Registry. 
‘‘Sec. 373. Waste energy recovery incentive grant program. 
‘‘Sec. 374. Additional incentives for recovery, utilization and prevention of indus-
trial waste energy. 
‘‘Sec. 375. Clean Energy Application Centers.’’. 
SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 
(A) an energy-intensive industry; 
(B) a national trade association representing an 
energy-intensive industry; or 
(C) a person acting on behalf of 1 or more energy- 
intensive industries or sectors, as determined by the Sec-
retary. 
(2) ENERGY-INTENSIVE INDUSTRY.—The term ‘‘energy-inten-
sive industry’’ means an industry that uses significant quan-
tities of energy as part of its primary economic activities, 
including— 
(A) information technology, including data centers con-
taining electrical equipment used in processing, storing, 
and transmitting digital information; 
(B) consumer product manufacturing; 
(C) food processing; 
(D) materials manufacturers, including—
H. R. 6—144 
(i) aluminum; 
(ii) chemicals; 
(iii) forest and paper products; 
(iv) metal casting; 
(v) glass; 
(vi) petroleum refining; 
(vii) mining; and 
(viii) steel; 
(E) other energy-intensive industries, as determined 
by the Secretary. 
(3) FEEDSTOCK.—The term ‘‘feedstock’’ means the raw mate-
rial supplied for use in manufacturing, chemical, and biological 
processes. 
(4) PARTNERSHIP.—The term ‘‘partnership’’ means an 
energy efficiency partnership established under subsection 
(c)(1)(A). 
(5) PROGRAM.—The term ‘‘program’’ means the energy- 
intensive industries program established under subsection (b). 
(b) ESTABLISHMENT OF PROGRAM.—The Secretary shall estab-
lish a program under which the Secretary, in cooperation with 
energy-intensive industries and national industry trade associations 
representing 
the 
energy-intensive 
industries, 
shall 
support, 
research, develop, and promote the use of new materials processes, 
technologies, and techniques to optimize energy efficiency and the 
economic competitiveness of the United States’ industrial and 
commercial sectors. 
(c) PARTNERSHIPS.— 
(1) IN GENERAL.—As part of the program, the Secretary 
shall establish energy efficiency partnerships between the Sec-
retary and eligible entities to conduct research on, develop, 
and demonstrate new processes, technologies, and operating 
practices and techniques to significantly improve the energy 
efficiency of equipment and processes used by energy-intensive 
industries, including the conduct of activities to— 
(A) increase the energy efficiency of industrial proc-
esses and facilities; 
(B) research, develop, and demonstrate advanced tech-
nologies capable of energy intensity reductions and 
increased environmental performance; and 
(C) promote the use of the processes, technologies, 
and techniques described in subparagraphs (A) and (B). 
(2) ELIGIBLE ACTIVITIES.—Partnership activities eligible for 
funding under this subsection include— 
(A) feedstock and recycling research, development, and 
demonstration activities to identify and promote— 
(i) opportunities for meeting industry feedstock 
requirements with more energy efficient and flexible 
sources of feedstock or energy supply; 
(ii) strategies to develop and deploy technologies 
that improve the quality and quantity of feedstocks 
recovered from process and waste streams; and 
(iii) other methods using recycling, reuse, and 
improved industrial materials; 
(B) research to develop and demonstrate technologies 
and processes that utilize alternative energy sources to 
supply heat, power, and new feedstocks for energy-intensive 
industries;
H. R. 6—145 
(C) research to achieve energy efficiency in steam, 
power, control system, and process heat technologies, and 
in other manufacturing processes; and 
(D) industrial and commercial energy efficiency and 
sustainability assessments to— 
(i) assist individual industrial and commercial sec-
tors in developing tools, techniques, and methodologies 
to assess— 
(I) the unique processes and facilities of the 
sectors; 
(II) the energy utilization requirements of the 
sectors; and 
(III) the application of new, more energy effi-
cient technologies; and 
(ii) conduct energy savings assessments; 
(E) the incorporation of technologies and innovations 
that would significantly improve the energy efficiency and 
utilization of energy-intensive commercial applications; and 
(F) any other activities that the Secretary determines 
to be appropriate. 
(3) PROPOSALS.— 
(A) IN GENERAL.—To be eligible for funding under this 
subsection, a partnership shall submit to the Secretary 
a proposal that describes the proposed research, develop-
ment, or demonstration activity to be conducted by the 
partnership. 
(B) REVIEW.—After reviewing the scientific, technical, 
and commercial merit of a proposals submitted under 
subparagraph (A), the Secretary shall approve or dis-
approve the proposal. 
(C) COMPETITIVE AWARDS.—The provision of funding 
under this subsection shall be on a competitive basis. 
(4) COST-SHARING REQUIREMENT.—In carrying out this sec-
tion, the Secretary shall require cost sharing in accordance 
with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
16352). 
(d) GRANTS.—The Secretary may award competitive grants for 
innovative technology research, development and demonstrations 
to universities, individual inventors, and small companies, based 
on energy savings potential, commercial viability, and technical 
merit. 
(e) INSTITUTION
OF
HIGHER
EDUCATION-BASED
INDUSTRIAL 
RESEARCH AND ASSESSMENT CENTERS.—The Secretary shall provide 
funding to institution of higher education-based industrial research 
and assessment centers, whose purpose shall be— 
(1) to identify opportunities for optimizing energy efficiency 
and environmental performance; 
(2) to promote applications of emerging concepts and tech-
nologies in small- and medium-sized manufacturers; 
(3) to promote research and development for the use of 
alternative energy sources to supply heat, power, and new 
feedstocks for energy-intensive industries; 
(4) to coordinate with appropriate Federal and State 
research offices, and provide a clearinghouse for industrial 
process and energy efficiency technical assistance resources; 
and
H. R. 6—146 
(5) to coordinate with State-accredited technical training 
centers and community colleges, while ensuring appropriate 
services to all regions of the United States. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Secretary to carry out this section— 
(A) $184,000,000 for fiscal year 2008; 
(B) $190,000,000 for fiscal year 2009; 
(C) $196,000,000 for fiscal year 2010; 
(D) $202,000,000 for fiscal year 2011; 
(E) $208,000,000 for fiscal year 2012; and 
(F) such sums as are necessary for fiscal year 2013 
and each fiscal year thereafter. 
(2) PARTNERSHIP ACTIVITIES.—Of the amounts made avail-
able under paragraph (1), not less than 50 percent shall be 
used to pay the Federal share of partnership activities under 
subsection (c). 
(3) COORDINATION AND NONDUPLICATION.—The Secretary 
shall coordinate efforts under this section with other programs 
of the Department and other Federal agencies to avoid duplica-
tion of effort. 
SEC. 453. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS. 
(a) DEFINITIONS.—In this section: 
(1) DATA
CENTER.—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 uses 
environmental control equipment to maintain the proper 
conditions for the operation of electronic equipment. 
(2) DATA CENTER OPERATOR.—The term ‘‘data center oper-
ator’’ means any person or government entity that builds or 
operates a data center or purchases data center services, equip-
ment, and facilities. 
(b) VOLUNTARY NATIONAL INFORMATION PROGRAM.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Secretary and the Administrator 
of the Environmental Protection Agency shall, after consulting 
with information technology industry and other interested par-
ties, initiate a voluntary national information program for those 
types of data centers and data center equipment and facilities 
that are widely used and for which there is a potential for 
significant data center energy savings as a result of the pro-
gram. 
(2) REQUIREMENTS.—The program described in paragraph 
(1) shall— 
(A) address data center efficiency holistically, reflecting 
the total energy consumption of data centers as whole 
systems, including both equipment and facilities; 
(B) consider prior work and studies undertaken in 
this area, including by the Environmental Protection 
Agency and the Department of Energy; 
(C) consistent with the objectives described in para-
graph (1), determine the type of data center and data
H. R. 6—147 
center equipment and facilities to be covered under the 
program; 
(D) produce specifications, measurements, best prac-
tices, and benchmarks that will enable data center opera-
tors to make more informed decisions about the energy 
efficiency and costs of data centers, and that take into 
account— 
(i) the performance and use of servers, data storage 
devices, and other information technology equipment; 
(ii) the efficiency of heating, ventilation, and air 
conditioning, cooling, and power conditioning systems, 
provided that no modification shall be required of a 
standard then in effect under the Energy Policy and 
Conservation Act (42 U.S.C. 6201 et seq.) for any cov-
ered heating, ventilation, air-conditioning, cooling or 
power-conditioning product; 
(iii) energy savings from the adoption of software 
and data management techniques; and 
(iv) other factors determined by the organization 
described in subsection (c); 
(E) allow for creation of separate specifications, 
measurements, and benchmarks based on data center size 
and function, as well as other appropriate characteristics; 
(F) advance the design and implementation of efficiency 
technologies to the maximum extent economically practical; 
(G) provide to data center operators in the private 
sector and the Federal Government information about best 
practices and purchasing decisions that reduce the energy 
consumption of data centers; and 
(H) publish the information described in subparagraph 
(G), which may be disseminated through catalogs, trade 
publications, the Internet, 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 facilities. 
(3) PROCEDURES.—The program described in paragraph (1) 
shall be developed in consultation with and coordinated by 
the organization described in subsection (c) according to com-
monly accepted procedures for the development of specifications, 
measurements, and benchmarks. 
(c) DATA CENTER EFFICIENCY ORGANIZATION.— 
(1) IN GENERAL.—After the establishment of the program 
described in subsection (b), the Secretary and the Administrator 
shall jointly designate an information technology industry 
organization to consult with and to coordinate the program. 
(2) REQUIREMENTS.—The organization designated under 
paragraph (1), whether preexisting or formed specifically for 
the purposes of subsection (b), shall— 
(A) consist of interested parties that have expertise 
in energy efficiency and in the development, operation, 
and functionality of computer data centers, information 
technology equipment, and software, as well as representa-
tives of hardware manufacturers, data center operators, 
and facility managers; 
(B) obtain and address input from Department of 
Energy National Laboratories or any college, university, 
research institution, industry association, company, or
H. R. 6—148 
public interest group with applicable expertise in any of 
the areas listed in paragraph (1); 
(C) follow commonly accepted procedures for the 
development of specifications and accredited standards 
development processes; 
(D) have a mission to develop and promote energy 
efficiency for data centers and information technology; and 
(E) have the primary responsibility to consult in the 
development and publishing of the information, measure-
ments, and benchmarks described in subsection (b) and 
transmission of the information to the Secretary and the 
Administrator for consideration under subsection (d). 
(d) MEASUREMENTS AND SPECIFICATIONS.— 
(1) IN
GENERAL.—The Secretary and the Administrator 
shall consider the specifications, measurements, and bench-
marks described in subsection (b) for use by the Federal Energy 
Management Program, the Energy Star Program, and other 
efficiency programs of the Department of Energy and Environ-
mental Protection Agency, respectively. 
(2) REJECTIONS.—If the Secretary or the Administrator 
rejects 1 or more specifications, measurements, or benchmarks 
described in subsection (b), the rejection shall be made con-
sistent with section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (15 U.S.C. 272 note; Public 
Law 104–113). 
(3) DETERMINATION OF IMPRACTICABILITY.—A determination 
that a specification, measurement, or benchmark described in 
subsection (b) is impractical may include consideration of the 
maximum efficiency that is technologically feasible and 
economically justified. 
(e) MONITORING.—The Secretary and the Administrator shall— 
(1) monitor and evaluate the efforts to develop the program 
described in subsection (b); and 
(2) not later than 3 years after the date of enactment 
of this Act, make a determination as to whether the program 
is consistent with the objectives of subsection (b). 
(f) ALTERNATIVE SYSTEM.—If the Secretary and the Adminis-
trator make a determination under subsection (e) that a voluntary 
national information program for data centers consistent with the 
objectives of subsection (b) has not been developed, the Secretary 
and the Administrator shall, after consultation with the National 
Institute of Standards and Technology and not later than 2 years 
after the determination, develop and implement the program under 
subsection (b). 
(g) PROTECTION OF PROPRIETARY INFORMATION.—The Secretary, 
the Administrator, or the data center efficiency organization 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 program established under this section.
H. R. 6—149 
Subtitle E—Healthy High-Performance 
Schools 
SEC. 461. HEALTHY HIGH-PERFORMANCE SCHOOLS. 
(a) AMENDMENT.—The Toxic Substances Control Act (15 U.S.C. 
2601 et seq.) is amended by adding at the end the following new 
title: 
‘‘TITLE V—HEALTHY HIGH- 
PERFORMANCE SCHOOLS 
‘‘SEC. 501. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS. 
‘‘(a) IN GENERAL.—The Administrator, in consultation with the 
Secretary of Education, may provide grants to States for use in— 
‘‘(1) providing technical assistance for programs of the 
Environmental Protection Agency (including the Tools for 
Schools Program and the Healthy School Environmental 
Assessment Tool) to schools for use in addressing environmental 
issues; and 
‘‘(2) development and implementation of State school 
environmental health programs that include— 
‘‘(A) standards for school building design, construction, 
and renovation; and 
‘‘(B) identification of ongoing school building environ-
mental problems, including contaminants, hazardous sub-
stances, and pollutant emissions, in the State and rec-
ommended solutions to address those problems, including 
assessment of information on the exposure of children to 
environmental hazards in school facilities. 
‘‘(b) SUNSET.—The authority of the Administrator to carry out 
this section shall expire 5 years after the date of enactment of 
this section. 
‘‘SEC. 502. MODEL GUIDELINES FOR SITING OF SCHOOL FACILITIES. 
‘‘Not later than 18 months after the date of enactment of 
this section, the Administrator, in consultation with the Secretary 
of Education and the Secretary of Health and Human Services, 
shall issue voluntary school site selection guidelines that account 
for— 
‘‘(1) the special vulnerability of children to hazardous sub-
stances or pollution exposures in any case in which the potential 
for contamination at a potential school site exists; 
‘‘(2) modes of transportation available to students and staff; 
‘‘(3) the efficient use of energy; and 
‘‘(4) the potential use of a school at the site as an emergency 
shelter. 
‘‘SEC. 503. PUBLIC OUTREACH. 
‘‘(a) REPORTS.—The Administrator shall publish and submit 
to Congress an annual report on all activities carried out under 
this title, until the expiration of authority described in section 
501(b). 
‘‘(b) PUBLIC OUTREACH.—The Federal Director appointed under 
section 436(a) of the Energy Independence and Security Act of 
2007 (in this title referred to as the ‘Federal Director’) shall ensure,
H. R. 6—150 
to the maximum extent practicable, that the public clearinghouse 
established under section 423(1) of the Energy Independence and 
Security Act of 2007 receives and makes available information 
on the exposure of children to environmental hazards in school 
facilities, as provided by the Administrator. 
‘‘SEC. 504. ENVIRONMENTAL HEALTH PROGRAM. 
‘‘(a) IN GENERAL.—Not later than 2 years after the date of 
enactment of this section, the Administrator, in consultation with 
the Secretary of Education, the Secretary of Health and Human 
Services, and other relevant agencies, shall issue voluntary guide-
lines for use by the State in developing and implementing an 
environmental health program for schools that— 
‘‘(1) takes into account the status and findings of Federal 
initiatives established under this title or subtitle C of title 
IV of the Energy Independence and Security Act of 2007 and 
other relevant Federal law with respect to school facilities, 
including relevant updates on trends in the field, such as the 
impact of school facility environments on student and staff— 
‘‘(A) health, safety, and productivity; and 
‘‘(B) disabilities or special needs; 
‘‘(2) takes into account studies using relevant tools identi-
fied or developed in accordance with section 492 of the Energy 
Independence and Security Act of 2007; 
‘‘(3) takes into account, with respect to school facilities, 
each of— 
‘‘(A) environmental problems, contaminants, hazardous 
substances, and pollutant emissions, including— 
‘‘(i) lead from drinking water; 
‘‘(ii) lead from materials and products; 
‘‘(iii) asbestos; 
‘‘(iv) radon; 
‘‘(v) the presence of elemental mercury releases 
from products and containers; 
‘‘(vi) pollutant emissions from materials and prod-
ucts; and 
‘‘(vii) any other environmental problem, contami-
nant, hazardous substance, or pollutant emission that 
present or may present a risk to the health of occupants 
of the school facilities or environment; 
‘‘(B) natural day lighting; 
‘‘(C) ventilation choices and technologies; 
‘‘(D) heating and cooling choices and technologies; 
‘‘(E) moisture control and mold; 
‘‘(F) maintenance, cleaning, and pest control activities; 
‘‘(G) acoustics; and 
‘‘(H) other issues relating to the health, comfort, 
productivity, and performance of occupants of the school 
facilities; 
‘‘(4) provides technical assistance on siting, design, manage-
ment, and operation of school facilities, including facilities used 
by students with disabilities or special needs; 
‘‘(5) collaborates with federally funded pediatric environ-
mental health centers to assist in on-site school environmental 
investigations; 
‘‘(6) assists States and the public in better understanding 
and improving the environmental health of children; and
H. R. 6—151 
‘‘(7) takes into account the special vulnerability of children 
in low-income and minority communities to exposures from 
contaminants, hazardous substances, and pollutant emissions. 
‘‘(b) PUBLIC OUTREACH.—The Federal Director and Commercial 
Director shall ensure, to the maximum extent practicable, that 
the public clearinghouse established under section 423 of the Energy 
Independence and Security Act of 2007 receives and makes avail-
able— 
‘‘(1) information from the Administrator that is contained 
in the report described in section 503(a); and 
‘‘(2) information on the exposure of children to environ-
mental hazards in school facilities, as provided by the Adminis-
trator. 
‘‘SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
title $1,000,000 for fiscal year 2009, and $1,500,000 for each of 
fiscal years 2010 through 2013, to remain available until 
expended.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents 
for the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is 
amended by adding at the end the following: 
‘‘TITLE V—HEALTHY HIGH-PERFORMANCE SCHOOLS 
‘‘Sec. 501. Grants for healthy school environments. 
‘‘Sec. 502. Model guidelines for siting of school facilities. 
‘‘Sec. 503. Public outreach. 
‘‘Sec. 504. Environmental health program. 
‘‘Sec. 505. Authorization of appropriations.’’. 
SEC. 462. STUDY ON INDOOR ENVIRONMENTAL QUALITY IN SCHOOLS. 
(a) IN GENERAL.—The Administrator of the Environmental 
Protection Agency shall enter into an arrangement with the Sec-
retary of Education and the Secretary of Energy to conduct a 
detailed study of how sustainable building features such as energy 
efficiency affect multiple perceived indoor environmental quality 
stressors on students in K–12 schools. 
(b) CONTENTS.—The study shall— 
(1) investigate the combined effect building stressors such 
as heating, cooling, humidity, lighting, and acoustics have on 
building occupants’ health, productivity, and overall well-being; 
(2) identify how sustainable building features, such as 
energy efficiency, are influencing these human outcomes singly 
and in concert; and 
(3) ensure that the impacts of the indoor environmental 
quality are evaluated as a whole. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for carrying out this section $200,000 for each 
of the fiscal years 2008 through 2012. 
Subtitle F—Institutional Entities 
SEC. 471. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND 
LOANS FOR INSTITUTIONS. 
Part G of title III of the Energy Policy and Conservation Act 
is amended by inserting after section 399 (42 U.S.C. 6371h) the 
following:
H. R. 6—152 
‘‘SEC. 399A. ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS AND 
LOANS FOR INSTITUTIONS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMBINED HEAT AND POWER.—The term ‘combined heat 
and power’ means the generation of electric energy and heat 
in a single, integrated system, with an overall thermal efficiency 
of 60 percent or greater on a higher-heating-value basis. 
‘‘(2) DISTRICT ENERGY SYSTEMS.—The term ‘district energy 
systems’ means systems providing thermal energy from a 
renewable energy source, thermal energy source, or highly effi-
cient technology to more than 1 building or fixed energy-con-
suming use from 1 or more thermal-energy production facilities 
through pipes or other means to provide space heating, space 
conditioning, hot water, steam, compression, process energy, 
or other end uses for that energy. 
‘‘(3) ENERGY SUSTAINABILITY.—The term ‘energy sustain-
ability’ includes using a renewable energy source, thermal 
energy source, or a highly efficient technology for transpor-
tation, electricity generation, heating, cooling, lighting, or other 
energy services in fixed installations. 
‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu-
tion of higher education’ has the meaning given the term in 
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). 
‘‘(5) INSTITUTIONAL ENTITY.—The term ‘institutional entity’ 
means an institution of higher education, a public school dis-
trict, a local government, a municipal utility, or a designee 
of 1 of those entities. 
‘‘(6) RENEWABLE
ENERGY
SOURCE.—The term ‘renewable 
energy source’ has the meaning given the term in section 609 
of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 
918c). 
‘‘(7) SUSTAINABLE
ENERGY
INFRASTRUCTURE.—The term 
‘sustainable energy infrastructure’ means— 
‘‘(A) facilities for production of energy from renewable 
energy sources, thermal energy sources, or highly efficient 
technologies, including combined heat and power or other 
waste heat use; and 
‘‘(B) district energy systems. 
‘‘(8) THERMAL ENERGY SOURCE.—The term ‘thermal energy 
source’ means— 
‘‘(A) a natural source of cooling or heating from lake 
or ocean water; and 
‘‘(B) recovery of useful energy that would otherwise 
be wasted from ongoing energy uses. 
‘‘(b) TECHNICAL ASSISTANCE GRANTS.— 
‘‘(1) IN
GENERAL.—Subject to the availability of appro-
priated funds, the Secretary shall implement a program of 
information dissemination and technical assistance to institu-
tional entities to assist the institutional entities in identifying, 
evaluating, designing, and implementing sustainable energy 
infrastructure projects in energy sustainability. 
‘‘(2) ASSISTANCE.—The Secretary shall support institutional 
entities in— 
‘‘(A) identification of opportunities for sustainable 
energy infrastructure; 
‘‘(B) 
understanding 
the 
technical 
and 
economic 
characteristics of sustainable energy infrastructure;
H. R. 6—167 
‘‘(3) TERMS
AND
CONDITIONS.—A demonstration project 
funded under this section shall be subject to such terms and 
conditions as the Architect of the Capitol may prescribe. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out the feasibility study and demonstra-
tion project $3,000,000. Such sums shall remain available until 
expended.’’. 
Subtitle B—Energy Savings Performance 
Contracting 
SEC. 511. AUTHORITY TO ENTER INTO CONTRACTS; REPORTS. 
(a) IN GENERAL.—Section 801(a)(2)(D) of the National Energy 
Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is amended— 
(1) in clause (ii), by inserting ‘‘and’’ after the semicolon 
at the end; 
(2) by striking clause (iii); and 
(3) by redesignating clause (iv) as clause (iii). 
(b) REPORTS.—Section 548(a)(2) of the National Energy Con-
servation Policy Act (42 U.S.C. 8258(a)(2)) is amended by inserting 
‘‘and any termination penalty exposure’’ after ‘‘the energy and cost 
savings that have resulted from such contracts’’. 
(c) CONFORMING AMENDMENT.—Section 2913 of title 10, United 
States Code, is amended by striking subsection (e). 
SEC. 512. FINANCING FLEXIBILITY. 
Section 801(a)(2) of the National Energy Conservation Policy 
Act (42 U.S.C. 8287(a)(2)) is amended by adding at the end the 
following: 
‘‘(E) FUNDING
OPTIONS.—In carrying out a contract 
under this title, a Federal agency may use any combination 
of— 
‘‘(i) appropriated funds; and 
‘‘(ii) private financing under an energy savings 
performance contract.’’. 
SEC. 513. PROMOTING LONG-TERM ENERGY SAVINGS PERFORMANCE 
CONTRACTS AND VERIFYING SAVINGS. 
Section 801(a)(2) of the National Energy Conservation Policy 
Act (42 U.S.C. 8287(a)(2)) (as amended by section 512) is amended— 
(1) in subparagraph (D), by inserting ‘‘beginning on the 
date of the delivery order’’ after ‘‘25 years’’; and 
(2) by adding at the end the following: 
‘‘(F) PROMOTION OF CONTRACTS.—In carrying out this 
section, a Federal agency shall not— 
‘‘(i) establish a Federal agency policy that limits 
the maximum contract term under subparagraph (D) 
to a period shorter than 25 years; or 
‘‘(ii) limit the total amount of obligations under 
energy savings performance contracts or other private 
financing of energy savings measures. 
‘‘(G) MEASUREMENT AND VERIFICATION REQUIREMENTS 
FOR PRIVATE FINANCING.— 
‘‘(i) IN GENERAL.—In the case of energy savings 
performance contracts, the evaluations and savings
H. R. 6—182 
(3) APPROVAL BY SECRETARY.— 
(A) IN GENERAL.—The Secretary shall approve or dis-
approve a proposed strategy under paragraph (2)(B) by 
not later than 120 days after the date of submission of 
the proposed strategy. 
(B) DISAPPROVAL.—If the Secretary disapproves a pro-
posed strategy under subparagraph (A)— 
(i) the Secretary shall provide to the State the 
reasons for the disapproval; and 
(ii) the State may revise and resubmit the proposed 
strategy as many times as necessary until the Sec-
retary approves a proposed strategy. 
(C) REQUIREMENT.—The Secretary shall not provide 
to a State any grant under the program until a proposed 
strategy of the State is approved by the Secretary under 
this paragraph. 
(4) LIMITATIONS ON USE OF FUNDS.—A State may use not 
more than 10 percent of amounts provided under the program 
for administrative expenses. 
(5) ANNUAL REPORTS.—Each State that receives a grant 
under the program shall submit to the Secretary an annual 
report that describes— 
(A) the status of development and implementation of 
the energy efficiency and conservation strategy of the State 
during the preceding calendar year; 
(B) the status of the subgrant program of the State 
under paragraph (1); 
(C) the energy efficiency gains achieved through the 
energy efficiency and conservation strategy of the State 
during the preceding calendar year; and 
(D) specific energy efficiency and conservation goals 
of the State for subsequent calendar years. 
SEC. 546. COMPETITIVE GRANTS. 
(a) IN GENERAL.—Of the total amount made available for each 
fiscal year to carry out this subtitle, the Secretary shall use not 
less than 2 percent to provide grants under this section, on a 
competitive basis, to— 
(1) units of local government (including Indian tribes) that 
are not eligible entities; and 
(2) consortia of units of local government described in para-
graph (1). 
(b) APPLICATIONS.—To be eligible to receive a grant under this 
section, a unit of local government or consortia shall submit to 
the Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require, including 
a plan of the unit of local government to carry out an activity 
described in section 544. 
(c) PRIORITY.—In providing grants under this section, the Sec-
retary shall give priority to units of local government— 
(1) located in States with populations of less than 2,000,000; 
or 
(2) that plan to carry out projects that would result in 
significant energy efficiency improvements or reductions in 
fossil fuel use.
H. R. 6—183 
SEC. 547. REVIEW AND EVALUATION. 
(a) IN GENERAL.—The Secretary may review and evaluate the 
performance of any eligible entity that receives a grant under 
the program, including by conducting an audit, as the Secretary 
determines to be appropriate. 
(b) WITHHOLDING OF FUNDS.—The Secretary may withhold from 
an eligible entity any portion of a grant to be provided to the 
eligible entity under the program if the Secretary determines that 
the eligible entity has failed to achieve compliance with— 
(1) any applicable guideline or regulation of the Secretary 
relating to the program, including the misuse or misappropria-
tion of funds provided under the program; or 
(2) the energy efficiency and conservation strategy of the 
eligible entity. 
SEC. 548. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) GRANTS.—There is authorized to be appropriated to 
the Secretary for the provision of grants under the program 
$2,000,000,000 for each of fiscal years 2008 through 2012; 
provided that 49 percent of the appropriated funds shall be 
distributed using the definition of eligible unit of local govern-
ment-alternative 1 in section 541(3)(A) and 49 percent of the 
appropriated funds shall be distributed using the definition 
of eligible unit of local government-alternative 2 in section 
541(3)(B). 
(2) ADMINISTRATIVE
COSTS.—There are authorized to be 
appropriated to the Secretary for administrative expenses of 
the program— 
(A) $20,000,000 for each of fiscal years 2008 and 2009; 
(B) $25,000,000 for each of fiscal years 2010 and 2011; 
and 
(C) $30,000,000 for fiscal year 2012. 
(b) MAINTENANCE OF FUNDING.—The funding provided under 
this section shall supplement (and not supplant) other Federal 
funding provided under— 
(1) a State energy conservation plan established under 
part D of title III of the Energy Policy and Conservation Act 
(42 U.S.C. 6321 et seq.); or 
(2) the Weatherization Assistance Program for Low-Income 
Persons established under part A of title IV of the Energy 
Conservation and Production Act (42 U.S.C. 6861 et seq.). 
TITLE VI—ACCELERATED RESEARCH 
AND DEVELOPMENT 
Subtitle A—Solar Energy 
SEC. 601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Solar Energy Research and 
Advancement Act of 2007’’. 
SEC. 602. THERMAL ENERGY STORAGE RESEARCH AND DEVELOPMENT 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish a program 
of research and development to provide lower cost and more viable
H. R. 6—273 
including motorists, pedestrians, cyclists, transit riders, and people 
of all ages and abilities, in order to— 
(1) serve all surface transportation users by creating a 
more interconnected and intermodal system; 
(2) create more viable transportation options; and 
(3) facilitate the use of environmentally friendly options, 
such as public transportation, walking, and bicycling. 
TITLE XII—SMALL BUSINESS ENERGY 
PROGRAMS 
SEC. 1201. EXPRESS LOANS FOR RENEWABLE ENERGY AND ENERGY 
EFFICIENCY. 
Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31)) 
is amended by adding at the end the following: 
‘‘(F) EXPRESS
LOANS
FOR
RENEWABLE
ENERGY
AND 
ENERGY EFFICIENCY.— 
‘‘(i) DEFINITIONS.—In this subparagraph— 
‘‘(I) the term ‘biomass’— 
‘‘(aa) means any organic material that is 
available on a renewable or recurring basis, 
including— 
‘‘(AA) agricultural crops; 
‘‘(BB) trees grown for energy produc-
tion; 
‘‘(CC) wood waste and wood residues; 
‘‘(DD) plants (including aquatic plants 
and grasses); 
‘‘(EE) residues; 
‘‘(FF) fibers; 
‘‘(GG) animal wastes and other waste 
materials; and 
‘‘(HH) 
fats, 
oils, 
and 
greases 
(including recycled fats, oils, and greases); 
and 
‘‘(bb) does not include— 
‘‘(AA) 
paper 
that 
is 
commonly 
recycled; or 
‘‘(BB) unsegregated solid waste; 
‘‘(II) the term ‘energy efficiency project’ means 
the installation or upgrading of equipment that 
results in a significant reduction in energy usage; 
and 
‘‘(III) the term ‘renewable energy system’ 
means a system of energy derived from— 
‘‘(aa) a wind, solar, biomass (including bio-
diesel), or geothermal source; or 
‘‘(bb) hydrogen derived from biomass or 
water using an energy source described in item 
(aa). 
‘‘(ii) LOANS.—The Administrator may make a loan 
under the Express Loan Program for the purpose of— 
‘‘(I) purchasing a renewable energy system; 
or 
‘‘(II) carrying out an energy efficiency project 
for a small business concern.’’.
H. R. 6—274 
SEC. 1202. PILOT PROGRAM FOR REDUCED 7(a) FEES FOR PURCHASE 
OF ENERGY EFFICIENT TECHNOLOGIES. 
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is 
amended by adding at the end the following: 
‘‘(32) LOANS FOR ENERGY EFFICIENT TECHNOLOGIES.— 
‘‘(A) DEFINITIONS.—In this paragraph— 
‘‘(i) the term ‘cost’ has the meaning given that 
term in section 502 of the Federal Credit Reform Act 
of 1990 (2 U.S.C. 661a); 
‘‘(ii) the term ‘covered energy efficiency loan’ means 
a loan— 
‘‘(I) made under this subsection; and 
‘‘(II) the proceeds of which are used to pur-
chase energy efficient designs, equipment, or fix-
tures, or to reduce the energy consumption of the 
borrower by 10 percent or more; and 
‘‘(iii) the term ‘pilot program’ means the pilot pro-
gram established under subparagraph (B) 
‘‘(B) ESTABLISHMENT.—The Administrator shall estab-
lish and carry out a pilot program under which the 
Administrator shall reduce the fees for covered energy effi-
ciency loans. 
‘‘(C) DURATION.—The pilot program shall terminate at 
the end of the second full fiscal year after the date that 
the Administrator establishes the pilot program. 
‘‘(D) MAXIMUM PARTICIPATION.—A covered energy effi-
ciency loan shall include the maximum participation levels 
by the Administrator permitted for loans made under this 
subsection. 
‘‘(E) FEES.— 
‘‘(i) IN
GENERAL.—The fee on a covered energy 
efficiency loan shall be equal to 50 percent of the 
fee otherwise applicable to that loan under paragraph 
(18). 
‘‘(ii) WAIVER.—The Administrator may waive 
clause (i) for a fiscal year if— 
‘‘(I) for the fiscal year before that fiscal year, 
the annual rate of default of covered energy effi-
ciency loans exceeds that of loans made under 
this subsection that are not covered energy effi-
ciency loans; 
‘‘(II) the cost to the Administration of making 
loans under this subsection is greater than zero 
and such cost is directly attributable to the cost 
of making covered energy efficiency loans; and 
‘‘(III) 
no 
additional 
sources 
of 
revenue 
authority are available to reduce the cost of 
making loans under this subsection to zero. 
‘‘(iii) EFFECT
OF
WAIVER.—If the Administrator 
waives the reduction of fees under clause (ii), the 
Administrator— 
‘‘(I) shall not assess or collect fees in an 
amount greater than necessary to ensure that the 
cost of the program under this subsection is not 
greater than zero; and