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H.R.4017 - Smart Energy Act
To promote efficient energy use in the Federal and private sectors, and for other purposes.
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Mr. BASS of New Hampshire (for himself, Mr. MATHESON, Mr. DOLD, Mr. WELCH, Mr. BARROW, and Mr. FITZPATRICK) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Government Reform and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
TITLE I--FEDERAL ENERGY USE AND GENERATION
TITLE II--PROVIDING OPPORTUNITIES FOR ENERGY EFFICIENCY IN BUSINESS AND INDUSTRY
SEC. 101. UTILIZING ENERGY SAVINGS PERFORMANCE CONTRACTS AND UTILITY ENERGY SERVICE CONTRACTS.
‘(i) GENERAL RULE- Except as provided in clause (i) or (ii) of this subparagraph, each Federal agency shall implement the requirements under this subsection through private financing described in subparagraph (B)(i)(II).CommentsClose CommentsPermalink
‘(ii) EXCEPTION- A Federal agency may implement the requirements under this subsection using appropriated funds described in subparagraph (B)(i)(I) if implementation pursuant to clause (i) of this subparagraph conflicts with the primary mission of the agency or facility, or if greater cost savings can be generated under a different program. A Federal agency shall provide a written justification for any decision to implement such requirements under this clause, including an analysis of the impact of such decision on the taxpayer.CommentsClose CommentsPermalink
‘(iii) FEDERAL ADMINISTRATIVE COSTS- A Federal agency may implement the requirements under this subsection using appropriated funds described in subparagraph (B)(i)(I) to the extent necessary to cover Federal administrative costs with respect to implementation pursuant to clause (i) of this subparagraph.’.CommentsClose CommentsPermalink
(d) UESCs for Electric Vehicles and Fueling Infrastructure- Section 546 of the National Energy Conservation Policy Act (
SEC. 102. DEMAND RESPONSE PROGRAMS.
‘(h) Demand Response Programs- To carry out this section, a Federal agency shall participate in demand response programs offered by electric utilities, Independent System Operators, Regional Transmission Organizations, and demand response aggregators, where such programs are available, if such participation does not conflict with the primary mission of the agency or facility, in order to support electric grid reliability and security and reduce energy bills for the agency or facility.’.CommentsClose CommentsPermalink
SEC. 103. FEDERAL DATA CENTER CONSOLIDATION.
(a) Definition- In this section, the term ‘Federal data center’ means a room or space in a Federal building that is used for housing computer servers, data storage devices, or network equipment, including server closets.CommentsClose CommentsPermalink
(1) require that agencies, when updating their Federal data center inventories in the third quarter of each fiscal year, state what actions have been taken to verify the inventories and to identify any limitations of this information;CommentsClose CommentsPermalink
(2) require that agencies complete the missing elements in their respective plans and submit complete Federal data center consolidation plans, or provide a schedule for when they will do so, not later than 180 days after the date of enactment of this Act;CommentsClose CommentsPermalink
(4) utilize the existing accountability infrastructure by requiring the Data Center Consolidation Task Force to assess agency consolidation plans to ensure they are complete and to monitor the agencies’ implementation of their plans.CommentsClose CommentsPermalink
(c) Department and Agency Requirements- Each of the department secretaries and agency heads of the 23 departments and agencies participating in the Office of Management and Budget’s Federal data center consolidation initiative shall--CommentsClose CommentsPermalink
(1) direct their component agencies and their Federal data center consolidation program managers to complete the missing elements in their respective Federal data center consolidation inventories and plans; andCommentsClose CommentsPermalink
SEC. 104. ADOPTION OF PERSONAL COMPUTER POWER SAVINGS TECHNIQUES BY FEDERAL AGENCIES.
(a) In General- Not later than 360 days after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the Administrator of General Services, shall issue guidance for Federal agencies to employ advanced tools allowing energy savings through the use of computer hardware, energy efficiency software, and power management tools.CommentsClose CommentsPermalink
(b) Reports on Plans and Savings- Not later than 180 days after the date of the issuance of the guidance under subsection (a), each Federal agency shall submit to the Secretary of Energy a report that describes--CommentsClose CommentsPermalink
SEC. 105. BEST PRACTICES FOR ADVANCED METERING.
‘(A) IN GENERAL- Not later than 180 days after the date on which guidelines are established under paragraph (2), in a report submitted by the agency under section 548(a), each agency shall submit to the Secretary a plan describing the manner in which the agency will implement the requirements of paragraph (1), including--CommentsClose CommentsPermalink
‘(ii) a demonstration by the agency, complete with documentation, of any finding that advanced meters or advanced metering devices (as those terms are used in paragraph (1)), are not practicable.CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 180 days after the date of enactment of the Smart Energy Act, the Secretary of Energy, in consultation with the Secretary of Defense and the Administrator of General Services, shall develop, and issue a report on, best practices for the use of advanced metering of energy use in Federal facilities, buildings, and equipment by Federal agencies.CommentsClose CommentsPermalink
SEC. 106. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION STANDARD.
‘(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)--CommentsClose CommentsPermalink
SEC. 201. LOAN PROGRAM FOR ENERGY EFFICIENCY UPGRADES TO EXISTING BUILDINGS.
‘SEC. 1706. BUILDING RETROFIT FINANCING PROGRAM.
‘(1) CREDIT SUPPORT- The term ‘credit support’ means a guarantee or commitment to issue a guarantee or other forms of credit enhancement to ameliorate risks for efficiency obligations.CommentsClose CommentsPermalink
‘(2) EFFICIENCY OBLIGATION- The term ‘efficiency obligation’ means a debt or repayment obligation incurred in connection with financing a project, or a portfolio of such debt or payment obligations.CommentsClose CommentsPermalink
‘(3) PROJECT- The term ‘project’ means the installation and implementation of efficiency, advanced metering, distributed generation, or renewable energy technologies and measures in a building (or in multiple buildings on a given property) that are expected to increase the energy efficiency of the building (including fixtures) in accordance with criteria established by the Secretary.CommentsClose CommentsPermalink
‘(2) INCLUSIONS- Buildings eligible for credit support under this section include commercial, multifamily residential, industrial, municipal, government, institution of higher education, school, and hospital facilities that satisfy criteria established by the Secretary.CommentsClose CommentsPermalink
‘(C) the threshold levels of energy savings that a project, at the time of issuance of credit support, shall be reasonably expected to achieve to be eligible for credit support;CommentsClose CommentsPermalink
‘(E) notwithstanding subsections (d)(3) and (g)(2)(B) of section 1702, lien priority and credit risk protections established by the Secretary, in consultation with the Director of the Office of Management and Budget, which shall include--CommentsClose CommentsPermalink
‘(VI) requirements of third-party contractors to guarantee energy savings that will result from a retrofit project, and whether financing on the efficiency obligation will amortize from the energy savings;CommentsClose CommentsPermalink
‘(B) the establishment of a clear application and approval process that allows private building owners, lenders, and investors to reasonably expect to receive credit support for projects that conform to guidelines;CommentsClose CommentsPermalink
‘(e) Aggregation of Projects- To the extent provided in the guidelines developed in accordance with subsection (c), the Secretary may issue credit support on a portfolio, or pool of projects, that are not required to be geographically contiguous, if each efficiency obligation in the pool fulfills the requirements described in this section.CommentsClose CommentsPermalink
‘(1) IN GENERAL- To be eligible to receive credit support under this section, the applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary.CommentsClose CommentsPermalink
‘(B) the project is reasonably expected to achieve energy savings, as set forth in the application using any methodology that meets the standards described in the program guidelines;CommentsClose CommentsPermalink
‘(i) any information the Secretary requests to assess the energy savings that result from the project, including historical energy usage data, a simulation-based benchmark, and detailed descriptions of the building work, as described in the program guidelines; andCommentsClose CommentsPermalink
‘(3) DETERMINATION- Not later than 90 days after receiving an application, the Secretary shall make a final determination on the application, which may include requests for additional information.CommentsClose CommentsPermalink
‘(i) Report- Not later than 1 year after commencement of the program, the Secretary shall submit to the appropriate committees of Congress a report that describes in reasonable detail--CommentsClose CommentsPermalink
SEC. 202. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT TECHNOLOGIES FOR INDUSTRY.
(a) In General- As part of the research and development activities of the Advanced Manufacturing Office of the Department of Energy, the Secretary of Energy shall establish, as appropriate, collaborative research and development partnerships with other programs within the Office of Energy Efficiency and Renewable Energy (including the Building Technologies Program), the Office of Electricity Delivery and Energy Reliability, and the Office of Science that--CommentsClose CommentsPermalink
(2) support the use of innovative manufacturing processes and applied research for development, demonstration, and commercialization of new technologies and processes to improve efficiency, reduce emissions, reduce industrial waste, and improve industrial cost-competitiveness; andCommentsClose CommentsPermalink
(b) Reports- Not later than 2 years after the date of enactment of this Act and biennially thereafter, the Secretary of Energy shall submit to Congress a report that describes actions taken to carry out subsection (a) and the results of those actions.CommentsClose CommentsPermalink
SEC. 203. COMBINED HEAT AND POWER AND WASTE HEAT RECOVERY.
(a) Goal- It is the goal of the United States to, not later than December 31, 2020, achieve a doubling of the production of electricity from combined heat and power and waste heat recovery in the United States from the current level of approximately 85 to at least 170 gigawatts by 2020 and thereby improve the energy efficiency of the industrial sector.CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Secretary of Energy (referred to in this section as the ‘Secretary’), in cooperation with the heads of other appropriate Federal agencies, shall transmit to the Congress and make available to the public a strategic plan, or update thereof, to achieve the national goal established under subsection (a).CommentsClose CommentsPermalink
(B) include estimates for achievable increases in combined heat and power and waste heat recovery production and for energy savings that will be achieved by those increases; andCommentsClose CommentsPermalink
(A) INCLUSION IN NATIONAL ENERGY POLICY PLAN- The Secretary shall include each updated strategic plan in the National Energy Policy Plan required by section 801 of the Department of Energy Organization Act (
(i) report on progress made toward implementing combined heat and power and waste heat recovery policies to achieve the national goal established under subsection (a); andCommentsClose CommentsPermalink