Bulb Replacement Improving Government with High-Efficiency Technology Act

II Calendar No. 292 116TH CONGRESS 1ST SESSION S. 1874 [Report No. 116–157] To amend title 40, United States Code, to require the Administrator of General Services to procure the most life-cycle cost effective and energy efficient lighting products and to issue guidance on the efficiency, effec- tiveness, and economy of those products, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 13, 2019 Mr. PETERS (for himself, Mr. JOHNSON, and Ms. HASSAN) introduced the fol- lowing bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs NOVEMBER 6, 2019 Reported by Mr. JOHNSON, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To amend title 40, United States Code, to require the Ad- ministrator of General Services to procure the most life- cycle cost effective and energy efficient lighting products and to issue guidance on the efficiency, effectiveness, and economy of those products, and for other purposes. 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 21:59 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1874.RS S1874 kjohnson on DSK79L0C42 with BILLS 2 •S 1874 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Bulb Replacement Im- 2 proving Government with High-efficiency Technology Act’’ 3 or the ‘‘BRIGHT Act’’. 4 SEC. 2. GUIDANCE. 5 (a) IN GENERAL.—Not later than 1 year after the 6 date of enactment of this Act, the Administrator of Gen- 7 eral Services shall— 8 (1) issue guidance to Federal agencies for the 9 procurement and use of the most life-cycle cost ef- 10 fective and energy efficient lighting systems (as de- 11 termined in accordance with section 3313 of title 40, 12 United States Code) to increase the efficiency, effec- 13 tiveness, and economy of the Federal Government; 14 and 15 (2) publish on the internet or otherwise make 16 available to State, local, and Tribal entities informa- 17 tion on ways to improve efficiency, effectiveness, and 18 economy by procuring and using the most life-cycle 19 cost effective and energy efficient lighting systems 20 (as determined in accordance with section 3313 of 21 title 40, United States Code). 22 (b) REPORT.—Not later than 5 years after the date 23 of enactment of this Act, the Administrator of General 24 Services shall submit to the Committee on Homeland Se- 25 curity and Governmental Affairs of the Senate and the 26 VerDate Sep 11 2014 21:59 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1874.RS S1874 kjohnson on DSK79L0C42 with BILLS 3 •S 1874 RS Committee on Oversight and Reform of the House of Rep- 1 resentatives a report on the implementation of this Act 2 and the amendments made by this Act, including the effi- 3 ciency, effectiveness, and economy of the transition to the 4 most life-cycle cost effective and energy efficient lighting 5 systems (as determined in accordance with section 3313 6 of title 40, United States Code). 7 SEC. 3. PROCUREMENT OF LIFE-CYCLE COST EFFECTIVE 8 AND ENERGY EFFICIENT LIGHTING SYSTEMS. 9 (a) IN GENERAL.—Section 3313 of title 40, United 10 States Code, is amended— 11 (1) by striking subsection (h); 12 (2) by redesignating subsections (d) through (g) 13 as subsections (f) through (i), respectively; 14 (3) by striking the section designation and 15 heading and all that follows through the end of sub- 16 section (c) and inserting the following: 17 ‘‘§ 3313. Procurement of life-cycle cost effective and 18 energy efficient lighting systems 19 ‘‘(a) DEFINITIONS.—In this section: 20 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- 21 trator’ means the Administrator of General Services. 22 ‘‘(2) LIGHTING SYSTEM.—The term ‘lighting 23 system’ means the elements required to maintain a 24 desired light level, including lamps, light fixtures, 25 VerDate Sep 11 2014 21:59 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1874.RS S1874 kjohnson on DSK79L0C42 with BILLS 4 •S 1874 RS fixture distribution, sensors and control technologies, 1 interior design elements, and daylighting sources. 2 ‘‘(b) PROCUREMENT.— 3 ‘‘(1) IN GENERAL.—To the maximum extent 4 practicable, the Administrator shall— 5 ‘‘(A) procure the most life-cycle cost effec- 6 tive and energy efficient lighting systems; and 7 ‘‘(B) ensure that procurements after the 8 date of enactment of the BRIGHT Act of light- 9 ing systems or the individual components of 10 lighting systems maximize life-cycle cost effec- 11 tiveness and energy efficiency. 12 ‘‘(2) USE.—Each public building constructed, 13 altered, acquired, or leased by the Administrator 14 shall be equipped, to the maximum extent prac- 15 ticable as determined by the Administrator, with the 16 most life-cycle cost effective and energy efficient 17 lighting systems for each application. 18 ‘‘(c) MAINTENANCE OF PUBLIC BUILDINGS.—Each 19 individual component of a lighting system, including a 20 lamp or fixture, that is replaced by the Administrator in 21 the normal course of maintenance of public buildings shall 22 be replaced, to the maximum extent practicable, with the 23 most life-cycle cost effective and energy efficient lighting 24 system possible for the application. 25 VerDate Sep 11 2014 21:59 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1874.RS S1874 kjohnson on DSK79L0C42 with BILLS 5 •S 1874 RS ‘‘(d) CONSIDERATIONS.— 1 ‘‘(1) CONTRACTING OPTIONS.—In carrying out 2 this section, the Administrator shall consider appro- 3 priate contracting options for the procurement of the 4 most life-cycle cost effective and energy efficient 5 lighting systems. 6 ‘‘(2) PROCUREMENT AND USE.—In making a 7 determination under this section concerning the 8 practicability of procuring and installing the most 9 life-cycle cost effective and energy efficient lighting 10 system, the Administrator shall consider— 11 ‘‘(A) the compatibility of the lighting sys- 12 tem with existing equipment, including consid- 13 eration of a cost effective retrofit; 14 ‘‘(B) whether procurement and use of the 15 lighting system could result in interference with 16 productivity; 17 ‘‘(C) the aesthetics relating to the use of 18 the lighting system; and 19 ‘‘(D) such other factors as the Adminis- 20 trator determines to be appropriate. 21 ‘‘(e) LIFE-CYCLE COST EFFECTIVE.—The Adminis- 22 trator shall use the procedures and methods established 23 under section 544(a) of the National Energy Conservation 24 VerDate Sep 11 2014 21:59 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1874.RS S1874 kjohnson on DSK79L0C42 with BILLS 6 •S 1874 RS Policy Act (42 U.S.C. 8254(a)) in determining whether 1 a lighting system is life-cycle cost effective.’’; 2 (4) in subsection (f) (as so redesignated)— 3 (A) in the matter preceding paragraph (1), 4 by striking ‘‘lighting fixture or bulb’’ and in- 5 serting ‘‘lighting system’’; 6 (B) in paragraph (1), by striking ‘‘the fix- 7 ture or bulb is’’ and inserting ‘‘the lighting sys- 8 tem or the individual components of the lighting 9 system are’’; and 10 (C) in paragraph (3), by striking ‘‘fixture 11 or bulb’’ and inserting ‘‘lighting system’’; 12 (5) in subsection (g) (as so redesignated), by 13 inserting ‘‘procurement and’’ before ‘‘use in public 14 buildings’’; and 15 (6) in subsection (h) (as so redesignated), by 16 inserting ‘‘procurement and’’ before ‘‘use of energy 17 efficient’’. 18 (b) CLERICAL AMENDMENT.—The analysis for chap- 19 ter 33 of title 40, United States Code, is amended by 20 striking the item relating to section 3313 and inserting 21 the following: 22 ‘‘3313. Procurement of life-cycle cost effective and energy efficient lighting sys- tems.’’. VerDate Sep 11 2014 21:59 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6411 E:\BILLS\S1874.RS S1874 kjohnson on DSK79L0C42 with BILLS 7 •S 1874 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Bulb Replacement Im- 2 proving Government with High-Efficiency Technology Act’’ 3 or the ‘‘BRIGHT Act’’. 4 SEC. 2. GUIDANCE. 5 Not later than 1 year after the date of enactment of 6 this Act, the Administrator of General Services shall— 7 (1) issue guidance to Federal agencies for the 8 procurement and use of the most life-cycle cost effec- 9 tive and energy efficient lighting systems (as deter- 10 mined in accordance with section 3313 of title 40, 11 United States Code) to increase the efficiency, effec- 12 tiveness, and economy of the Federal Government; 13 and 14 (2) publish on the internet or otherwise make 15 available to State, local, and Tribal entities informa- 16 tion on ways to improve efficiency, effectiveness, and 17 economy by procuring and using the most life-cycle 18 cost effective and energy efficient lighting systems (as 19 determined in accordance with section 3313 of title 20 40, United States Code). 21 SEC. 3. PROCUREMENT OF LIFE-CYCLE COST EFFECTIVE 22 AND ENERGY EFFICIENT LIGHTING SYSTEMS. 23 (a) IN GENERAL.—Section 3313 of title 40, United 24 States Code, is amended— 25 (1) by striking subsection (h); 26 VerDate Sep 11 2014 21:59 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S1874.RS S1874 kjohnson on DSK79L0C42 with BILLS 8 •S 1874 RS (2) by redesignating subsections (d) through (g) 1 as subsections (f) through (i), respectively; 2 (3) by striking the section designation and head- 3 ing and all that follows through the end of subsection 4 (c) and inserting the following: 5 ‘‘§ 3313. Procurement of life-cycle cost effective and en- 6 ergy efficient lighting systems 7 ‘‘(a) DEFINITIONS.—In this section: 8 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- 9 trator’ means the Administrator of General Services. 10 ‘‘(2) LIGHTING SYSTEM.—The term ‘lighting sys- 11 tem’ means the elements required to maintain a de- 12 sired light level, including lamps, light fixtures, fix- 13 ture distribution, sensors and control technologies, in- 14 terior design elements, and daylighting sources. 15 ‘‘(b) PROCUREMENT.— 16 ‘‘(1) IN GENERAL.—To the maximum extent 17 practicable, the Administrator shall— 18 ‘‘(A) procure the most life-cycle cost effective 19 and energy efficient lighting systems; and 20 ‘‘(B) ensure that procurements after the 21 date of enactment of the BRIGHT Act of lighting 22 systems or the individual components of lighting 23 systems maximize life-cycle cost effectiveness and 24 energy efficiency. 25 VerDate Sep 11 2014 21:59 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S1874.RS S1874 kjohnson on DSK79L0C42 with BILLS 9 •S 1874 RS ‘‘(2) USE.—Each public building constructed, al- 1 tered, acquired, or leased by the Administrator shall 2 be equipped, to the maximum extent practicable as 3 determined by the Administrator, with the most life- 4 cycle cost effective and energy efficient lighting sys- 5 tems for each application. 6 ‘‘(c) MAINTENANCE OF PUBLIC BUILDINGS.—Each in- 7 dividual component of a lighting system, including a lamp 8 or fixture, that is replaced by the Administrator in the nor- 9 mal course of maintenance of public buildings shall be re- 10 placed, to the maximum extent practicable, with the most 11 life-cycle cost effective and energy efficient lighting system 12 possible for the application. 13 ‘‘(d) CONSIDERATIONS.— 14 ‘‘(1) CONTRACTING OPTIONS.—In carrying out 15 this section, the Administrator shall consider appro- 16 priate contracting options for the procurement of the 17 most life-cycle cost effective and energy efficient light- 18 ing systems. 19 ‘‘(2) PROCUREMENT AND USE.—In making a de- 20 termination under this section concerning the prac- 21 ticability of procuring and installing the most life- 22 cycle cost effective and energy efficient lighting sys- 23 tem, the Administrator shall consider— 24 VerDate Sep 11 2014 21:59 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S1874.RS S1874 kjohnson on DSK79L0C42 with BILLS 10 •S 1874 RS ‘‘(A) the compatibility of the lighting sys- 1 tem with existing equipment, including consider- 2 ation of a cost effective retrofit; 3 ‘‘(B) whether procurement and use of the 4 lighting system could result in interference with 5 productivity; 6 ‘‘(C) the aesthetics relating to the use of the 7 lighting system; and 8 ‘‘(D) such other factors as the Adminis- 9 trator determines to be appropriate. 10 ‘‘(e) LIFE-CYCLE COST EFFECTIVE.—The Adminis- 11 trator shall use the procedures and methods established 12 under section 544(a) of the National Energy Conservation 13 Policy Act (42 U.S.C. 8254(a)) in determining whether a 14 lighting system is life-cycle cost effective.’’; 15 (4) in subsection (f) (as so redesignated)— 16 (A) in the matter preceding paragraph (1), 17 by striking ‘‘lighting fixture or bulb’’ and insert- 18 ing ‘‘lighting system’’; 19 (B) in paragraph (1), by striking ‘‘the fix- 20 ture or bulb is’’ and inserting ‘‘the lighting sys- 21 tem or the individual components of the lighting 22 system are’’; and 23 (C) in paragraph (3), by striking ‘‘fixture 24 or bulb’’ and inserting ‘‘lighting system’’; 25 VerDate Sep 11 2014 21:59 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S1874.RS S1874 kjohnson on DSK79L0C42 with BILLS 11 •S 1874 RS (5) in subsection (g) (as so redesignated), by in- 1 serting ‘‘procurement and’’ before ‘‘use in public 2 buildings’’; and 3 (6) in subsection (h) (as so redesignated), by in- 4 serting ‘‘procurement and’’ before ‘‘use of energy effi- 5 cient’’. 6 (b) CLERICAL AMENDMENT.—The analysis for chapter 7 33 of title 40, United States Code, is amended by striking 8 the item relating to section 3313 and inserting the fol- 9 lowing: 10 ‘‘3313. Procurement of life-cycle cost effective and energy efficient lighting sys- tems.’’. VerDate Sep 11 2014 21:59 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6213 E:\BILLS\S1874.RS S1874 kjohnson on DSK79L0C42 with BILLS Calendar No. 292 116TH CONGRESS 1ST SESSION S. 1874 [Report No. 116–157] A BILL To amend title 40, United States Code, to require the Administrator of General Services to procure the most life-cycle cost effective and energy effi- cient lighting products and to issue guidance on the efficiency, effectiveness, and economy of those products, and for other purposes. NOVEMBER 6, 2019 Reported with an amendment VerDate Sep 11 2014 21:59 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\S1874.RS S1874 kjohnson on DSK79L0C42 with BILLS