Federal Energy and Water Management Performance Act of 2019

II Calendar No. 222 116TH CONGRESS 1ST SESSION S. 1857 [Report No. 116–119] To amend the National Energy Conservation Policy Act to improve Federal energy and water performance requirements for Federal buildings and establish a Federal Energy Management Program. IN THE SENATE OF THE UNITED STATES JUNE 13, 2019 Ms. MURKOWSKI (for herself, Mr. MANCHIN, Mr. PORTMAN, Mrs. SHAHEEN, Mr. GARDNER, and Ms. HIRONO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Re- sources SEPTEMBER 25, 2019 Reported by Ms. MURKOWSKI, with amendments [Omit the part struck through and insert the part printed in italic] A BILL To amend the National Energy Conservation Policy Act to improve Federal energy and water performance require- ments for Federal buildings and establish a Federal En- ergy Management Program. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:14 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.RS S1857 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1857 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Federal Energy and 2 Water Management Performance Act of 2019’’. 3 SEC. 2. ENERGY AND WATER PERFORMANCE REQUIRE- 4 MENT FOR FEDERAL BUILDINGS. 5 (a) IN GENERAL.—Section 543 of the National En- 6 ergy Conservation Policy Act (42 U.S.C. 8253) is amend- 7 ed— 8 (1) in the section heading, by inserting ‘‘AND 9 WATER’’ after ‘‘ENERGY’’; 10 (2) in subsection (a)— 11 (A) in the subsection heading, by inserting 12 ‘‘AND WATER’’ after ‘‘ENERGY’’; 13 (B) by striking paragraph (1) and insert- 14 ing the following: 15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 16 the head of each Federal agency shall— 17 ‘‘(A) for each of fiscal years 2020 through 18 2030, reduce average building energy intensity 19 (as measured in British thermal units per gross 20 square foot) at facilities of the agency by 2.5 21 percent each fiscal year relative to the average 22 building energy intensity of the facilities of the 23 agency in fiscal year 2018; 24 ‘‘(B) for each of fiscal years 2020 through 25 2030, improve water use efficiency and manage- 26 VerDate Sep 11 2014 00:14 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.RS S1857 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1857 RS ment, including stormwater management, at fa- 1 cilities of the agency by reducing agency potable 2 water consumption intensity— 3 ‘‘(i) by 54 percent by fiscal year 2030, 4 relative to the water consumption of the 5 agency in fiscal year 2007, through reduc- 6 tions of 2 percent each fiscal year (as meas- 7 ured in gallons per gross square foot); 8 ‘‘(ii) by reducing the industrial, land- 9 scaping, and agricultural water consump- 10 tion of the agency, as compared to a base- 11 line of that consumption by the agency in 12 fiscal year 2010, through reductions of 2 13 percent each fiscal year (as measured in 14 gallons); and 15 ‘‘(iii) by installing appropriate infra- 16 structure features on federally owned prop- 17 erty to improve stormwater and wastewater 18 management; and water consumption in- 19 tensity (as measured in gallons per gross 20 square foot)— 21 ‘‘(i) by 54 percent by fiscal year 2030, 22 relative to the water consumption of the 23 agency in fiscal year 2007; and 24 VerDate Sep 11 2014 00:14 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1857.RS S1857 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1857 RS ‘‘(ii) through reductions of 2 percent 1 each fiscal year; and 2 ‘‘(C) to the maximum extent practicable, in 3 carrying out subparagraphs (A) and (B), take 4 measures that are life cycle cost effective (as 5 defined in subsection (f)(1)).’’; 6 (C) in paragraph (2)— 7 (i) by striking ‘‘(2) An agency’’ and 8 inserting the following: 9 ‘‘(2) ENERGY AND WATER INTENSIVE BUILDING 10 EXCLUSION.—An agency’’; and 11 (ii) in the first sentence, by inserting 12 ‘‘and water’’ after ‘‘energy’’ each place it 13 appears; and 14 (D) by striking paragraph (3) and insert- 15 ing the following: 16 ‘‘(3) RECOMMENDATIONS.—Not later than De- 17 cember 31, 2029, the Secretary shall— 18 ‘‘(A) review the results of the implementa- 19 tion of the energy and water performance re- 20 quirements established under paragraph (1); 21 and 22 ‘‘(B) submit to Congress recommendations 23 concerning energy and water performance re- 24 VerDate Sep 11 2014 00:14 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.RS S1857 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1857 RS quirements for fiscal years 2031 through 1 2040.’’; 2 (3) in subsection (b)— 3 (A) in the subsection heading, by inserting 4 ‘‘AND WATER’’ after ‘‘ENERGY’’; and 5 (B) by striking paragraph (1) and insert- 6 ing the following: 7 ‘‘(1) IN GENERAL.—Each agency shall— 8 ‘‘(A) not later than October 1, 2019, to 9 the maximum extent practicable, begin install- 10 ing in Federal buildings owned by the United 11 States all energy and water conservation meas- 12 ures determined by the Secretary to be life cycle 13 cost effective (as defined in subsection (f)(1)); 14 and 15 ‘‘(B) complete the installation described in 16 subparagraph (A) as soon as practicable after 17 the date referred to in that subparagraph.’’; 18 (4) in subsection (c)(1)— 19 (A) in subparagraph (A)— 20 (i) in the matter preceding clause (i), 21 by striking ‘‘An agency’’ and inserting 22 ‘‘The head of each agency’’; and 23 (ii) by inserting ‘‘or water’’ after ‘‘en- 24 ergy’’ each place it appears; and 25 VerDate Sep 11 2014 00:14 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.RS S1857 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1857 RS (B) in subparagraph (B)(i), by inserting 1 ‘‘or water’’ after ‘‘energy’’; 2 (5) in subsection (d)(2), by inserting ‘‘and 3 water’’ after ‘‘energy’’; 4 (6) in subsection (e)— 5 (A) in the subsection heading, by inserting 6 ‘‘AND WATER’’ after ‘‘ENERGY’’; 7 (B) in paragraph (1)— 8 (i) in the first sentence— 9 (I) by striking ‘‘October 1, 2012’’ 10 and inserting ‘‘October 1, 2020’’; 11 (II) by inserting ‘‘and water’’ 12 after ‘‘energy’’; and 13 (III) by inserting ‘‘and water’’ 14 after ‘‘electricity’’; 15 (ii) in the second sentence, by insert- 16 ing ‘‘and water’’ after ‘‘electricity’’; and 17 (iii) in the fourth sentence, by insert- 18 ing ‘‘and water’’ after ‘‘energy’’; 19 (C) in paragraph (2)— 20 (i) in subparagraph (A)— 21 (I) by striking ‘‘and’’ before 22 ‘‘Federal’’; and 23 VerDate Sep 11 2014 00:14 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.RS S1857 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1857 RS (II) by inserting ‘‘and any other 1 person the Secretary deems nec- 2 essary,’’ before ‘‘shall’’; 3 (ii) in subparagraph (B)— 4 (I) in clause (i)(II), by inserting 5 ‘‘and water’’ after ‘‘energy’’ each 6 place it appears; 7 (II) in clause (ii), by inserting 8 ‘‘and water’’ after ‘‘energy’’; and 9 (III) in clause (iv), by inserting 10 ‘‘and water’’ after ‘‘energy’’; and 11 (iii) by adding at the end the fol- 12 lowing: 13 ‘‘(C) UPDATE.—Not later than 180 days 14 after the date of enactment of this subpara- 15 graph, the Secretary shall update the guidelines 16 established under subparagraph (A) to take into 17 account water efficiency requirements under 18 this section.’’; 19 (D) in paragraph (3), in the matter pre- 20 ceding subparagraph (A), by striking ‘‘estab- 21 lished under paragraph (2)’’ and inserting ‘‘up- 22 dated under paragraph (2)(C)’’; and 23 (E) in paragraph (4)— 24 (i) in subparagraph (A)— 25 VerDate Sep 11 2014 00:14 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.RS S1857 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1857 RS (I) by striking ‘‘this paragraph’’ 1 and inserting ‘‘the Federal Energy 2 and Water Management Performance 3 Act of 2019’’; and 4 (II) by inserting ‘‘and water’’ be- 5 fore ‘‘use in’’; and 6 (ii) in subparagraph (B)(ii), in the 7 matter preceding clause (I), by inserting 8 ‘‘and water’’ after ‘‘energy’’; and 9 (7) in subsection (f)— 10 (A) in paragraph (2)— 11 (i) in subparagraph (A), by inserting 12 ‘‘and water’’ before ‘‘use’’; and 13 (ii) in subparagraph (B)— 14 (I) by striking ‘‘energy’’ before 15 ‘‘efficiency’’; and 16 (II) by inserting ‘‘or water’’ be- 17 fore ‘‘use’’; 18 (B) in paragraph (7)(B)(ii)(II), by insert- 19 ing ‘‘and water’’ after ‘‘energy’’; and 20 (C) in paragraph (9)(A), in the matter 21 preceding clause (i), by inserting ‘‘and water’’ 22 after ‘‘energy’’. 23 (b) CONFORMING AMENDMENT.—The table of con- 24 tents for the National Energy Conservation Policy Act 25 VerDate Sep 11 2014 00:14 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.RS S1857 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1857 RS (Public Law 95–619; 92 Stat. 3206) is amended by strik- 1 ing the item relating to section 543 and inserting the fol- 2 lowing: 3 ‘‘Sec. 543. Energy and water management requirements.’’. SEC. 3. FEDERAL ENERGY MANAGEMENT PROGRAM. 4 Section 543 of the National Energy Conservation 5 Policy Act (42 U.S.C. 8253) is amended by adding at the 6 end the following: 7 ‘‘(h) FEDERAL ENERGY MANAGEMENT PROGRAM.— 8 ‘‘(1) IN GENERAL.—The Secretary shall estab- 9 lish a program, to be known as the ‘Federal Energy 10 Management Program’ (referred to in this sub- 11 section as the ‘Program’), to facilitate the implemen- 12 tation by the Federal Government of cost-effective 13 energy and water management and energy-related 14 investment practices— 15 ‘‘(A) to coordinate and strengthen Federal 16 energy and water resilience; and 17 ‘‘(B) to promote environmental steward- 18 ship. 19 ‘‘(2) PROGRAM ACTIVITIES.— 20 ‘‘(A) STRATEGIC PLANNING AND TECH- 21 NICAL ASSISTANCE.—Under the Program, the 22 Federal Director appointed under paragraph 23 (3)(A) (referred to in this subsection as the 24 ‘Federal Director’) shall— 25 VerDate Sep 11 2014 00:14 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.RS S1857 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1857 RS ‘‘(i) provide technical assistance and 1 project implementation support and guid- 2 ance to Federal agencies to identify, imple- 3 ment, procure, and track energy and water 4 conservation measures required under this 5 Act and under other provisions of law (in- 6 cluding regulations); 7 ‘‘(ii) in coordination with the Admin- 8 istrator of the General Services Adminis- 9 tration, establish appropriate procedures, 10 methods, and best practices for use by 11 Federal agencies to select, monitor, and 12 terminate contracts entered into under sec- 13 tion 546 with utilities; 14 ‘‘(iii) in coordination with the Federal 15 Acquisition Regulatory Council, establish 16 appropriate procedures, methods, and best 17 practices for use by Federal agencies to se- 18 lect, monitor, and terminate contracts en- 19 tered into under section 801 with energy 20 service contractors and utilities; 21 ‘‘(iv) establish and maintain internet- 22 based information resources and project 23 tracking systems and tools for energy and 24 water management; 25 VerDate Sep 11 2014 00:14 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.RS S1857 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1857 RS ‘‘(v) coordinate comprehensive and 1 strategic approaches to energy and water 2 resilience planning for Federal agencies; 3 and 4 ‘‘(vi) establish a recognition program 5 for Federal achievement in energy and 6 water management, energy-related invest- 7 ment practices, environmental stewardship, 8 and other relevant areas, through events 9 such as individual recognition award cere- 10 monies and public announcements. 11 ‘‘(B) ENERGY AND WATER MANAGEMENT 12 AND REPORTING.—Under the Program, the 13 Federal Director shall— 14 ‘‘(i) track and report on the progress 15 of Federal agencies in meeting the require- 16 ments of the agency under this section; 17 ‘‘(ii) make publicly available annual 18 Federal agency performance data required 19 under— 20 ‘‘(I) this section and sections 544 21 through 548; and 22 ‘‘(II) section 203 of the Energy 23 Policy Act of 2005 (42 U.S.C. 24 15852); 25 VerDate Sep 11 2014 00:14 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.RS S1857 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 1857 RS ‘‘(iii)(I) collect energy and water use 1 and consumption data from each Federal 2 agency; and 3 ‘‘(II) based on that data, submit to 4 each Federal agency a report that will fa- 5 cilitate the energy and water management, 6 energy-related investment practices, and 7 environmental stewardship of the agency in 8 support of Federal goals under this Act 9 and under other provisions of law (includ- 10 ing regulations); 11 ‘‘(iv)(I) establish new Federal building 12 energy efficiency standards; and 13 ‘‘(II) in consultation with the Admin- 14 istrator of the General Services Adminis- 15 tration, acting through the head of the Of- 16 fice of High-Performance Green Buildings, 17 implement new establish and implement 18 Federal building sustainable design prin- 19 ciples for new Federal facilities; 20 ‘‘(v) manage the implementation of 21 Federal building energy efficiency stand- 22 ards and sustainable design principles es- 23 tablished under section 305 of the Energy 24 VerDate Sep 11 2014 00:14 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.RS S1857 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 1857 RS Conservation and Production Act (42 1 U.S.C. 6834); and 2 ‘‘(vi) designate products that meet the 3 highest energy conservation standards for 4 categories not covered under the Energy 5 Star program established under section 6 324A of the Energy Policy and Conserva- 7 tion Act (42 U.S.C. 6294a). 8 ‘‘(C) FEDERAL POLICY COORDINATION.— 9 Under the Program, the Federal Director 10 shall— 11 ‘‘(i) develop and implement accredited 12 training consistent with existing Federal 13 programs and activities— 14 ‘‘(I) relating to energy and water 15 use, management, and resilience in 16 Federal buildings, energy-related in- 17 vestment practices, and environmental 18 stewardship; and 19 ‘‘(II) that includes in-person 20 training, internet-based programs, 21 and national in-person training 22 events; 23 ‘‘(ii) coordinate and facilitate energy 24 and water management, energy-related in- 25 VerDate Sep 11 2014 00:14 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.RS S1857 pamtmann on DSKBC07HB2PROD with BILLS 14 •S 1857 RS vestment practices, and environmental 1 stewardship through the Interagency En- 2 ergy Management Task Force estab [Text truncated for display. Full text available on Congress.gov.]