Federal Energy and Water Management Performance Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 5650 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 HOUSE OF REPRESENTATIVES JANUARY 16, 2020 Mr. WELCH (for himself, Mr. KINZINGER, and Mr. MOULTON) introduced the following bill; which was referred to the Committee on Energy and Commerce 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Federal Energy and 4 Water Management Performance Act of 2020’’. 5 VerDate Sep 11 2014 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650 2 •HR 5650 IH SEC. 2. ENERGY AND WATER PERFORMANCE REQUIRE- 1 MENT FOR FEDERAL BUILDINGS. 2 (a) IN GENERAL.—Section 543 of the National En- 3 ergy Conservation Policy Act (42 U.S.C. 8253) is amend- 4 ed— 5 (1) in the section heading, by inserting ‘‘AND 6 WATER’’ after ‘‘ENERGY’’; 7 (2) in subsection (a)— 8 (A) in the subsection heading, by inserting 9 ‘‘AND WATER’’ after ‘‘ENERGY’’; 10 (B) by striking paragraph (1) and insert- 11 ing the following: 12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 13 the head of each Federal agency shall— 14 ‘‘(A) for each of fiscal years 2020 through 15 2030, reduce average building energy intensity 16 (as measured in British thermal units per gross 17 square foot) at facilities of the agency by 2.5 18 percent each fiscal year relative to the average 19 building energy intensity of the facilities of the 20 agency in fiscal year 2018; 21 ‘‘(B) for each of fiscal years 2020 through 22 2030, improve water use efficiency and manage- 23 ment, including stormwater management, at fa- 24 cilities of the agency by reducing agency water 25 consumption intensity— 26 VerDate Sep 11 2014 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650 3 •HR 5650 IH ‘‘(i) by reducing the potable water 1 consumption by 54 percent by fiscal year 2 2030, relative to the potable water con- 3 sumption of the agency in fiscal year 2007, 4 through reductions of 2 percent each fiscal 5 year (as measured in gallons per gross 6 square foot); 7 ‘‘(ii) by reducing the industrial, land- 8 scaping, and agricultural water consump- 9 tion of the agency, as compared to a base- 10 line of that consumption by the agency in 11 fiscal year 2010, through reductions of 2 12 percent each fiscal year (as measured in 13 gallons); and 14 ‘‘(iii) by installing appropriate infra- 15 structure features on federally owned prop- 16 erty to improve stormwater and waste- 17 water management; and 18 ‘‘(C) to the maximum extent practicable, in 19 carrying out subparagraphs (A) and (B), take 20 measures that are life cycle cost effective (as 21 defined in subsection (f)(1)).’’; 22 (C) in paragraph (2)— 23 (i) by striking ‘‘(2) An agency’’ and 24 inserting the following: 25 VerDate Sep 11 2014 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650 4 •HR 5650 IH ‘‘(2) ENERGY AND WATER INTENSIVE BUILDING 1 EXCLUSION.—An agency’’; and 2 (ii) in the first sentence, by inserting 3 ‘‘and water’’ after ‘‘energy’’ each place it 4 appears; and 5 (D) by striking paragraph (3) and insert- 6 ing the following: 7 ‘‘(3) RECOMMENDATIONS.—Not later than De- 8 cember 31, 2029, the Secretary shall— 9 ‘‘(A) review the results of the implementa- 10 tion of the energy and water performance re- 11 quirements established under paragraph (1); 12 and 13 ‘‘(B) submit to Congress recommendations 14 concerning energy and water performance re- 15 quirements for fiscal years 2031 through 16 2040.’’; 17 (3) in subsection (b)— 18 (A) in the subsection heading, by inserting 19 ‘‘AND WATER’’ after ‘‘ENERGY’’; and 20 (B) by striking paragraph (1) and insert- 21 ing the following: 22 ‘‘(1) IN GENERAL.—Each agency shall— 23 ‘‘(A) not later than October 1, 2020, to 24 the maximum extent practicable, begin install- 25 VerDate Sep 11 2014 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650 5 •HR 5650 IH ing in Federal buildings owned by the United 1 States all energy and water conservation meas- 2 ures determined by the Secretary to be life cycle 3 cost effective (as defined in subsection (f)(1)); 4 and 5 ‘‘(B) complete the installation described in 6 subparagraph (A) as soon as practicable after 7 the date referred to in that subparagraph.’’; 8 (4) in subsection (c)(1)— 9 (A) in subparagraph (A)— 10 (i) in the matter preceding clause (i), 11 by striking ‘‘An agency’’ and inserting 12 ‘‘The head of each agency’’; and 13 (ii) by inserting ‘‘or water’’ after ‘‘en- 14 ergy’’ each place it appears; and 15 (B) in subparagraph (B)(i), by inserting 16 ‘‘or water’’ after ‘‘energy’’; 17 (5) in subsection (d)(2), by inserting ‘‘and 18 water’’ after ‘‘energy’’; 19 (6) in subsection (e)— 20 (A) in the subsection heading, by inserting 21 ‘‘AND WATER’’ after ‘‘ENERGY’’; 22 (B) in paragraph (1)— 23 (i) in the first sentence— 24 VerDate Sep 11 2014 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650 6 •HR 5650 IH (I) by striking ‘‘October 1, 2012’’ 1 and inserting ‘‘October 1, 2020’’; 2 (II) by inserting ‘‘and water’’ 3 after ‘‘energy’’; and 4 (III) by inserting ‘‘and water’’ 5 after ‘‘electricity’’; 6 (ii) in the second sentence, by insert- 7 ing ‘‘and water’’ after ‘‘electricity’’; and 8 (iii) in the fourth sentence, by insert- 9 ing ‘‘and water’’ after ‘‘energy’’; 10 (C) in paragraph (2)— 11 (i) in subparagraph (A)— 12 (I) by striking ‘‘and’’ before 13 ‘‘Federal’’; and 14 (II) by inserting ‘‘and any other 15 person the Secretary deems nec- 16 essary,’’ before ‘‘shall’’; 17 (ii) in subparagraph (B)— 18 (I) by amending clause (i)(II) to 19 read as follows: 20 ‘‘(II) the extent to which meter- 21 ing is expected to result in increased 22 potential for energy and water man- 23 agement, increased potential for en- 24 ergy and water savings, energy and 25 VerDate Sep 11 2014 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650 7 •HR 5650 IH water efficiency improvements, and 1 cost, energy, and water savings due to 2 utility contract aggregation; and’’. 3 (II) in clause (ii), by inserting 4 ‘‘and water’’ after ‘‘energy’’; and 5 (III) in clause (iv), by inserting 6 ‘‘and water’’ after ‘‘energy’’; and 7 (iii) by adding at the end the fol- 8 lowing: 9 ‘‘(C) UPDATE.—Not later than 180 days 10 after the date of enactment of this subpara- 11 graph, the Secretary shall update the guidelines 12 established under subparagraph (A) to take into 13 account water efficiency requirements under 14 this section.’’; 15 (D) in paragraph (3), in the matter pre- 16 ceding subparagraph (A), by striking ‘‘estab- 17 lished under paragraph (2)’’ and inserting ‘‘up- 18 dated under paragraph (2)(C)’’; and 19 (E) in paragraph (4)— 20 (i) in subparagraph (A)— 21 (I) by striking ‘‘this paragraph’’ 22 and inserting ‘‘the Federal Energy 23 and Water Management Performance 24 Act of 2020’’; and 25 VerDate Sep 11 2014 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650 8 •HR 5650 IH (II) by inserting ‘‘and water’’ be- 1 fore ‘‘use in’’; and 2 (ii) in subparagraph (B)(ii), in the 3 matter preceding clause (I), by inserting 4 ‘‘and water’’ after ‘‘energy’’; 5 (7) in subsection (f)— 6 (A) in paragraph (1)(B)(i)(II), by inserting 7 ‘‘and water’’ after ‘‘energy’’; 8 (B) in paragraph (2)— 9 (i) in subparagraph (A), by inserting 10 ‘‘and water’’ before ‘‘use’’; and 11 (ii) in subparagraph (B)— 12 (I) by striking ‘‘energy’’ before 13 ‘‘efficiency’’; and 14 (II) by inserting ‘‘or water’’ be- 15 fore ‘‘use’’; 16 (C) in paragraph (7)(B)(ii)(II), by insert- 17 ing ‘‘and water’’ after ‘‘energy’’; and 18 (D) in paragraph (9)(A), in the matter 19 preceding clause (i), by inserting ‘‘and water’’ 20 after ‘‘energy’’; and 21 (8) in subsection (g)(1), by striking ‘‘energy ef- 22 ficient’’ and inserting ‘‘energy and water efficient’’. 23 (b) CONFORMING AMENDMENT.—The table of con- 24 tents for the National Energy Conservation Policy Act 25 VerDate Sep 11 2014 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650 9 •HR 5650 IH (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 carry 9 out 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 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650 10 •HR 5650 IH ‘‘(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 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650 11 •HR 5650 IH ‘‘(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 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650 12 •HR 5650 IH ‘‘(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 establish and implement Federal building 18 sustainable design principles for Federal 19 facilities; 20 ‘‘(v) manage the implementation of 21 Federal building energy efficiency stand- 22 ards established under section 305 of the 23 Energy Conservation and Production Act 24 (42 U.S.C. 6834); and 25 VerDate Sep 11 2014 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650 13 •HR 5650 IH ‘‘(vi) designate products that meet the 1 highest energy conservation standards for 2 categories not covered under the Energy 3 Star program established under section 4 324A of the Energy Policy and Conserva- 5 tion Act (42 U.S.C. 6294a). 6 ‘‘(C) FEDERAL POLICY COORDINATION.— 7 Under the Program, the Federal Director 8 shall— 9 ‘‘(i) develop and implement accredited 10 training consistent with existing Federal 11 programs and activities— 12 ‘‘(I) relating to energy and water 13 use, management, and resilience in 14 Federal buildings, energy-related in- 15 vestment practices, and environmental 16 stewardship; and 17 ‘‘(II) that includes in-person 18 training, internet-based programs, 19 and national in-person training 20 events; 21 ‘‘(ii) coordinate and facilitate energy 22 and water management, energy-related in- 23 vestment practices, and environmental 24 stewardship through the Interagency En- 25 VerDate Sep 11 2014 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650 14 •HR 5650 IH ergy Management Task Force established 1 under section 547; and 2 ‘‘(iii) report on the implementation of 3 the priorities of the President, including 4 Executive orders, relating to energy and 5 water use in Federal buildings, in coordi- 6 nation with— 7 ‘‘(I) the Office of Management 8 and Budget; 9 ‘‘(II) the Council on Environ- 10 mental Quality; and 11 ‘‘(III) any other entity, as consid- 12 ered necessary by the Federal Direc- 13 tor. 14 ‘‘(D) FACILITY AND FLEET OPTIMIZA- 15 TION.—Under the Program, the Federal Direc- 16 tor shall develop guidan [Text truncated for display. Full text available on Congress.gov.]