National Security Resiliency and Sustainability Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7417 To direct the Secretary of Defense to set sustainability goals for the Department of Defense, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 30, 2020 Mr. CASTEN of Illinois introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to set sustainability goals for the Department of Defense, 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Security Re- 4 siliency and Sustainability Act of 2020’’. 5 SEC. 2. RESILIENCY AND SUSTAINABILITY GOALS FOR THE 6 DEPARTMENT OF DEFENSE. 7 (a) IN GENERAL.—For fiscal year 2021 and any sub- 8 sequent fiscal year, the Secretary of Defense shall— 9 VerDate Sep 11 2014 23:32 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7417.IH H7417 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7417 IH (1) reduce energy intensity (measured in Brit- 1 ish thermal units per gross square foot) in buildings 2 of the Department by 2.5 percent annually through 3 the end of fiscal year 2027, relative to the baseline 4 energy use in buildings of the Department in 2008 5 by implementing efficiency measures. 6 (2) improve data center energy efficiency at De- 7 partment facilities by— 8 (A) ensuring the chief information officer 9 of the Department promotes energy optimiza- 10 tion, efficiency, and performance in data cen- 11 ters; 12 (B) installing and monitoring advanced en- 13 ergy meters in all data centers by 2023; and 14 (C) establishing a power usage effective- 15 ness target of 1.2 to 1.4 for new data centers 16 and less than 1.5 for existing data centers; 17 (3) ensure that electric energy and thermal en- 18 ergy in Department buildings are comprised of clean 19 energy, in amounts— 20 (A) not less than 28 percent for fiscal 21 years 2028 and 2029; 22 (B) not less than 33 percent for fiscal 23 years 2030 and 2031; 24 VerDate Sep 11 2014 23:32 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7417.IH H7417 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7417 IH (C) not less than 37 percent for fiscal 1 years 2032 and 2033; 2 (D) not less than 39 percent for fiscal 3 years 2034 and 2035; 4 (E) not less than 42 percent for fiscal 5 years 2036 and 2037; and 6 (F) not less than 45 percent for fiscal year 7 2038 and each year thereafter; 8 (4) ensure that the percentage of the total 9 amount of electric energy consumed by the Depart- 10 ment that is clean energy is— 11 (A) not less than 28 percent for fiscal year 12 2025; 13 (B) not less than 30 percent for fiscal 14 years 2026 and 2027; 15 (C) not less than 33 percent for fiscal 16 years 2028 and 2029; 17 (D) not less than 37 percent for fiscal 18 years 2030 and 2031; 19 (E) not less than 40 percent for fiscal 20 years 2032 and 2033; 21 (F) not less than 43 percent for fiscal 22 years 2034 and 2035; 23 (G) not less than 46 percent for fiscal 24 years 2036 and 2037; and 25 VerDate Sep 11 2014 23:32 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7417.IH H7417 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7417 IH (H) not less than 50 percent for fiscal year 1 2038 and each year thereafter; 2 (5) ensure that all clean energy capacity added 3 between 2021 and 2040 comes from sources based 4 on projects that are not in operation as of the date 5 of the installation or signing of any financial agree- 6 ment for the purchase of the clean electric or ther- 7 mal energy; 8 (6) include in the electric energy portion of the 9 clean energy requirements established in paragraphs 10 (3) and (4), and retain all renewable energy certifi- 11 cates and clean energy attributes for, clean electric 12 energy associated with— 13 (A) installing clean energy on site at De- 14 partment facilities; 15 (B) contracting for the purchase of energy, 16 which includes— 17 (i) the installation of renewable en- 18 ergy on site at a Department facility or off 19 site from a Department facility; and 20 (ii) the installation of clean energy op- 21 erating or owned by a third party on site 22 of a Department facility that is directly 23 serving local loads, and for which the facil- 24 ity has a commitment to procure, for a 25 VerDate Sep 11 2014 23:32 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7417.IH H7417 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7417 IH contract period of not less than 10 years 1 and up to a period of 40 years, the lesser 2 of— 3 (I) 100 percent of clean energy 4 asset output; or 5 (II) 100 percent of facility energy 6 needs; and 7 (iii) a contract for differences with a 8 minimum off-take period of 10 years, and 9 up to a period of 40 years, for the installa- 10 tion of clean energy not physically located 11 on site at a Department facility nor elec- 12 trically connected to the facility, for which 13 the department agrees to procure the en- 14 ergy (in MWh), as well as corresponding 15 renewable energy certificates, and clean en- 16 ergy attributes, at a defined price for the 17 period of the contract; 18 (7) include, in the thermal electric energy por- 19 tion of the clean energy requirement established in 20 paragraph (3), clean energy associated with— 21 (A) installing thermal clean energy on site 22 at Department facilities and retaining cor- 23 responding renewable and clean attributes; and 24 VerDate Sep 11 2014 23:32 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7417.IH H7417 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7417 IH (B) fulfilling the requirements of the en- 1 ergy policy of the Department as provided in 2 section 2911 of title 10, United States Code; 3 (8) improve water use efficiency and manage- 4 ment, including stormwater management, by— 5 (A) reducing potable water consumption 6 intensity, measured in gallons per gross square 7 foot, by 36 percent by fiscal year 2025 through 8 reductions of 2 percent annually through fiscal 9 year 2025 relative to a baseline of the water 10 consumption of the Department in fiscal year 11 2007; 12 (B) installing water meters and collecting 13 and using building and facility water balance 14 data to improve water conservation and man- 15 agement; 16 (C) reducing the industrial, landscaping, 17 and agricultural water consumption, measured 18 in gallons, by 2 percent annually through fiscal 19 year 2025 relative to a baseline of the indus- 20 trial, landscaping, and agricultural water con- 21 sumption of the Department during fiscal year 22 2010; and 23 VerDate Sep 11 2014 23:32 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7417.IH H7417 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 7417 IH (D) installing appropriate green infrastruc- 1 ture features on Department property to help 2 with stormwater and wastewater management; 3 (9) improve building efficiency, performance, 4 and management by— 5 (A) ensuring, for fiscal year 2021 and each 6 subsequent fiscal year, that the new construc- 7 tion of any Department building larger than 8 5,000 gross square feet that enters the plan- 9 ning process is designed to achieve energy net- 10 zero and, water or waste net-zero by fiscal year 11 2035; 12 (B) identifying, beginning in fiscal year 13 2021, as part of the planning requirements of 14 section 3, a percentage of at least 15 percent, 15 measured by number or total square footage, of 16 the existing Department buildings larger than 17 5,000 gross square feet that will, by fiscal year 18 2030, comply with the revised Guiding Prin- 19 ciples for Federal Leadership in High Perform- 20 ance and Sustainable Buildings (Guiding Prin- 21 ciples), and will reach 100 percent conformance 22 with the Guiding Principles for building inven- 23 tory by 2050; 24 VerDate Sep 11 2014 23:32 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7417.IH H7417 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 7417 IH (C) identifying, as part of the planning re- 1 quirements of this section, a percentage of the 2 existing buildings of the Department that are 3 larger than 5,000 gross square feet and in- 4 tended to be energy, waste, or water net-zero 5 buildings by fiscal year 2030, and implementing 6 actions that will allow those buildings to meet 7 that target; 8 (D) including in all new Department lease 9 solicitations for buildings or facilities larger 10 than 10,000 rentable square feet— 11 (i) criteria for energy efficiency either 12 as a required performance specification or 13 as a source selection evaluation factor in 14 best-value tradeoff procurements; and 15 (ii) requirements for building lessor 16 disclosure of carbon emission or energy 17 consumption data for any portion of the 18 building occupied by the Department that 19 may be provided by the lessor through sub- 20 metering or estimation from prorated occu- 21 pancy data, whichever is more cost-effec- 22 tive; 23 (E) including in the planning for new 24 buildings or leases cost-effective strategies to 25 VerDate Sep 11 2014 23:32 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7417.IH H7417 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 7417 IH optimize sustainable space usage and consider- 1 ation of existing community transportation 2 planning and infrastructure, including access to 3 public transit; and 4 (F) including the incorporation of climate- 5 resilient design and management elements into 6 the operation, repair, and renovation of existing 7 Department buildings and the design of new 8 Department buildings; 9 (10) promote sustainable acquisition and pro- 10 curement by ensuring that environmental perform- 11 ance and sustainability factors are included for all 12 applicable procurements in the planning, award, and 13 execution phases of the acquisition by— 14 (A) preferentially purchasing— 15 (i) recycled content products des- 16 ignated by the Environmental Protection 17 Agency; 18 (ii) energy and water efficient prod- 19 ucts and services identified by the Environ- 20 mental Protection Agency and the Depart- 21 ment of Energy; and 22 (iii) BioPreferred and biobased prod- 23 ucts, as designated by the Department of 24 Agriculture; 25 VerDate Sep 11 2014 23:32 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7417.IH H7417 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 7417 IH (B) purchasing sustainable products and 1 services identified by the Environmental Protec- 2 tion Agency; 3 (C) purchasing products or services that— 4 (i) meet or exceed specifications, 5 standards, or labels recommended by the 6 Environmental Protection Agency that 7 have been determined to assist agencies in 8 meeting their needs and further advance 9 sustainable procurement goals; or 10 (ii) meet environmental performance 11 criteria developed or adopted by voluntary 12 consensus standards bodies consistent with 13 section 12(d) of the National Technology 14 Transfer and Advancement Act of 1995 15 (15 U.S.C. 272 note(d)); 16 (D) acting, as part of the implementation 17 of planning requirements under section 3, until 18 the Department achieves at least 95 percent 19 compliance with the BioPreferred and biobased 20 purchasing requirement in this paragraph, to— 21 (i) establish annual targets for the 22 number of contracts to be awarded with 23 BioPreferred and biobased criteria and the 24 dollar value of BioPreferred and biobased 25 VerDate Sep 11 2014 23:32 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7417.IH H7417 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 7417 IH products to be delivered and reported 1 under those contracts in the following fis- 2 cal year, by considering— 3 (I) the dollar value of designated 4 BioPreferred and biobased products 5 reported in previous years; 6 (II) the specifications reviewed 7 and revised for inclusion of BioPre- 8 ferred and biobased products; and 9 (III) the number of applicable 10 product and service contracts to be 11 awarded, including construction, oper- 12 ations and maintenance, food services, 13 vehicle maintenance, and janitorial 14 services; and 15 (ii) ensure contractors submit timely 16 annual reports on BioPreferred and 17 biobased purchases; and 18 (E) reducing copier and printing paper use 19 and acquiring uncoated printing and writing 20 paper containing at least 30 percent post-con- 21 sumer recycled content or greater; and 22 (11) implement energy savings performance 23 contracts for Department buildings by— 24 VerDate Sep 11 2014 23:32 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7417.IH H7417 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 7417 IH (A) using energy savings performance con- 1 tracting as a tool to help meet energy efficiency 2 and management goals while implementing life- 3 cycle cost-effective energy efficiency and clean 4 energy technology and water conservation meas- 5 ures; and 6 (B) providing annual Department targets 7 for performance contracting for energy savings 8 for fiscal year 2021 and subsequent fiscal years 9 as part of the planning requirements of section 10 3. 11 (b) STRATEGIC SUSTAINABILITY PERFORMANCE 12 PLAN.—For each of fiscal years 2021 through 2040, the 13 Secretary of Defense shall develop, implement, and annu- 14 ally update an integrated Strategic Sustainability Per- 15 formance Plan for the Department. Not later than 180 16 days before the end of the fiscal year, each year the Sec- 17 retary shall submit to Congress the plan for the Depart- 18 ment for the subsequent fiscal year. Each such plan shall 19 be made publicly available on the website of the Depart- 20 ment. 21 (c) LIMITATIONS.—This section shall apply with re- 22 spect to activities, personnel, resources, and facilities of 23 the Department that are located within the United States. 24 The Secretary of Defense may provide that this section 25 VerDate Sep 11 2014 23:32 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7417.IH H7417 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 7417 IH shall apply in whole or in part with respect to the activi- 1 ties, personnel, resources, and facilities of the Department 2 that are not located within the United States, if the Sec- 3 retary determines that such application is in the interest 4 of the United States. 5 (d) WAIVER AUTHORITY.— 6 (1) IN GENERAL.—The Secretary of Defense 7 may waive the requirements of this section with re- 8 spect to a particular activity or facility of the De- 9 partment if the Secretary determines such a waiver 10 is in the national security interests of the United 11 States. 12 (2) NOTICE.—Not l [Text truncated for display. Full text available on Congress.gov.]