H.R. 4447 (116th Congress) — To establish an energy storage and microgrid grant and technical assistance program
Summary
H. R. 4447, an Act to establish an energy storage and microgrid grant and technical assistance program, was received in the Senate on October 19, 2020, read twice and referred to the Committee on Energy and Natural Resources. Section 1 provides that it may be cited as the Clean Economy Jobs and Innovation Act. The table of contents lists Title I, Energy Efficiency, and Title II, Renewable Energy, whose Subtitle A is Energy Storage. It also lists Title III, Carbon Pollution Reduction Technologies, Title IV, Nuclear Energy, and Title V, Electric Grid and Cybersecurity.
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“H.R. 4447 (116th Congress) — To establish an energy storage and microgrid grant and technical assistance program.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr4447rfs-bills-116hr4447rfs/
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IIB
116TH CONGRESS
2D SESSION
H. R. 4447
IN THE SENATE OF THE UNITED STATES
OCTOBER 19, 2020
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To establish an energy storage and microgrid grant and
technical assistance program.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.
2 (a) SHORT TITLE.—This Act may be cited as the
3 ‘‘Clean Economy Jobs and Innovation Act’’.
4 (b) TABLE OF CONTENTS.—The table of contents for
5 this Act is as follows:
Sec. 1. Short title.
TITLE I—ENERGY EFFICIENCY
Subtitle A—Buildings
PART 1—BUILDING ENERGY CODES
Sec. 1101. Greater energy efficiency in building codes.
Sec. 1102. Cost-effective codes implementation for efficiency and resilience.
Sec. 1103. Commercial building energy consumption information sharing.
PART 2—WORKER TRAINING AND CAPACITY BUILDING
Sec. 1111. Building training and assessment centers.
Sec. 1112. Career skills training.
PART 3—SCHOOL BUILDINGS
Sec. 1121. Coordination of energy retrofitting assistance for schools.
Sec. 1122. Grants for energy efficiency improvements and renewable energy im-
provements at public school facilities.
PART 4—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Sec. 1132. Research for effectiveness and standards.
Subtitle B—Industrial Efficiency and Competitiveness
PART 1—MANUFACTURING ENERGY EFFICIENCY
Sec. 1201. Purposes.
Sec. 1202. Future of Industry program and industrial research and assessment
centers.
Sec. 1203. Sustainable manufacturing initiative.
Sec. 1204. Conforming amendments.
PART 2—EXTENDED PRODUCT SYSTEM REBATE PROGRAM
Sec. 1211. Extended Product System Rebate Program.
PART 3—TRANSFORMER REBATE PROGRAM
Sec. 1221. Energy Efficient Transformer Rebate Program.
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Subtitle C—Federal Agency Energy Efficiency
Sec. 1301. Energy-efficient and energy-saving information technologies.
Sec. 1302. Energy efficient data centers.
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Subtitle D—Regulatory Provisions
PART 1—FEDERAL GREEN BUILDINGS
Sec. 1401. High-performance green Federal buildings.
PART 2—ENERGY AND WATER PERFORMANCE REQUIREMENTS FOR
FEDERAL BUILDINGS
Sec. 1411. Federal Energy Management Program.
Sec. 1412. Federal building energy efficiency performance standards; certifi-
cation system and level for green buildings.
Sec. 1413. Use of energy and water efficiency measures in Federal buildings.
Subtitle E—HOPE for HOMES
Sec. 1501. Definitions.
PART 1—HOPE TRAINING
Sec. 1511. Notice for HOPE Qualification training and grants.
Sec. 1512. Course criteria.
Sec. 1513. HOPE Qualification.
Sec. 1514. Grants.
Sec. 1515. Authorization of appropriations.
PART 2—HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM
Sec. 1521. Establishment of Home Energy Savings Retrofit Rebate Program.
Sec. 1522. Partial system rebates.
Sec. 1523. State administered rebates.
Sec. 1524. Special provisions for moderate income households.
Sec. 1525. Evaluation reports to Congress.
Sec. 1526. Administration.
Sec. 1527. Authorization of appropriations.
PART 3—GENERAL PROVISIONS
Sec. 1531. Appointment of personnel.
Sec. 1532. Maintenance of funding.
Subtitle F—Weatherization
Sec. 1601. Weatherization assistance program.
Sec. 1602. Report on waivers.
Sec. 1603. Application of wage rate requirements to Weatherization Assistance
Program.
Sec. 1604. Prohibition on category 1 respiratory sensitizers.
Subtitle G—Energy and Water Research Integration
Sec. 1701. Integrating energy and water research.
Sec. 1702. Energy-water oversight and coordination.
Sec. 1703. Rule of construction.
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Sec. 1704. Coordination and nonduplication.
Sec. 1705. Definitions.
Subtitle H—Other Matters
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Sec. 1801. Modifications to the ceiling fan energy conservation standard.
Sec. 1802. Smart energy and water efficiency program.
Sec. 1803. Energy Efficiency and Conservation Block Grant Program.
Sec. 1804. Energy efficient public buildings.
Sec. 1805. Smart buildings.
Sec. 1806. Water heaters.
Sec. 1807. Rebate program for energy efficient electrotechnologies.
Sec. 1808. Removing barriers to efficiency.
Sec. 1809. Home Wildfire Risk Reduction Rebate Program.
TITLE II—RENEWABLE ENERGY
Subtitle A—Energy Storage
PART 1—CONSIDERATION OF ENERGY STORAGE SYSTEMS
Sec. 2101. Consideration of energy storage systems.
Sec. 2102. Coordination of programs.
PART 2—ENERGY STORAGE AND MICROGRID PROJECTS
Sec. 2121. Definitions.
Sec. 2122. Energy storage and microgrid assistance program.
Sec. 2123. Authorization of appropriations.
Subtitle B—Dam Safety
Sec. 2201. Hydroelectric production incentives and efficiency improvements.
Sec. 2202. FERC briefing on Edenville Dam and Sanford Dam failures.
Sec. 2203. Dam safety conditions.
Sec. 2204. Dam safety requirements.
Sec. 2205. Viability procedures.
Sec. 2206. FERC dam safety technical conference with States.
Sec. 2207. Required dam safety communications between FERC and States.
Sec. 2208. Klamath Hydroelectric Settlement Agreement Tribal fairness.
Subtitle C—Distributed Renewable Energy
Sec. 2301. Definitions.
Sec. 2302. Establishment of program to facilitate voluntary streamlined process
for local permitting of qualifying distributed energy systems.
Sec. 2303. Distributed energy opportunity communities.
Sec. 2304. Authorization of appropriations.
Subtitle D—Low-Income Solar
Sec. 2401. Grant program for solar installations located in, or that serve, low-
income and underserved areas.
Sec. 2402. Establishment of community solar programs.
Subtitle E—Research and Development
PART 1—SOLAR ENERGY RESEARCH AND DEVELOPMENT
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Sec. 2501. Definitions.
Sec. 2502. Solar energy research and development.
Sec. 2503. Solar energy demonstration projects.
Sec. 2504. Next generation solar energy manufacturing initiative.
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Sec. 2505. Photovoltaic device recycling research and development.
Sec. 2506. Authorization of appropriations.
PART 2—WIND ENERGY RESEARCH AND DEVELOPMENT
Sec. 2521. Definitions.
Sec. 2522. Wind energy research and development.
Sec. 2523. Wind energy demonstration and validation projects.
Sec. 2524. Wind energy incubator funding.
Sec. 2525. Mitigating regulatory and market barriers.
Sec. 2526. Authorization of appropriations.
PART 3—ADVANCED GEOTHERMAL RESEARCH AND DEVELOPMENT
Sec. 2541. Definitions.
Sec. 2542. Hydrothermal research and development.
Sec. 2543. General geothermal systems research and development.
Sec. 2544. Enhanced geothermal systems research and development.
Sec. 2545. Geothermal heat pumps and direct use.
Sec. 2546. Cost sharing and proposal evaluation.
Sec. 2547. Advanced geothermal computing and data science research and de-
velopment.
Sec. 2548. Geothermal workforce development.
Sec. 2549. Organization and administration of programs.
Sec. 2550. Repeals.
Sec. 2551. Authorization of appropriations.
Sec. 2552. International geothermal energy development.
Sec. 2553. Reauthorization of High Cost Region Geothermal Energy Grant
Program.
PART 4—WATER POWER RESEARCH AND DEVELOPMENT
Sec. 2561. Water power research and development.
Sec. 2562. Conforming amendments.
Sec. 2563. Produced water research and development program.
Sec. 2564. Produced water demonstration program.
PART 5—ENERGY EFFICIENCY AND RENEWABLE ENERGY RESEARCH AND
DEVELOPMENT
Sec. 2571. Authorization of appropriations.
Subtitle F—Public Lands Renewable Energy Development
Sec. 2601. Definitions.
Sec. 2602. Land use planning; supplements to programmatic environmental im-
pact statements.
Sec. 2603. Environmental review on covered land.
Sec. 2604. Program to improve renewable energy project permit coordination.
Sec. 2605. Increasing economic certainty.
Sec. 2606. Renewable energy goal.
Sec. 2607. Facilitation of coproduction of geothermal energy on oil and gas
leases.
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Sec. 2608. Noncompetitive leasing of adjoining areas for development of geo-
thermal resources.
Sec. 2609. Savings clause.
Subtitle G—Renewable Energy Grant Program
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Sec. 2701. Renewable energy grant program.
Subtitle H—Other
Sec. 2801. Amendment to Energy Policy Act of 2005 definition of renewable
energy.
TITLE III—CARBON POLLUTION REDUCTION TECHNOLOGIES
Subtitle A—Fossil Energy Research and Development
Sec. 3101. Definitions.
Sec. 3102. Fossil energy objectives.
Sec. 3103. Carbon capture technologies.
Sec. 3104. Natural gas carbon capture research, development, and demonstra-
tion program.
Sec. 3105. Carbon storage validation and testing.
Sec. 3106. Carbon utilization.
Sec. 3107. Advanced energy systems.
Sec. 3108. Rare earth elements.
Sec. 3109. Methane hydrate research amendments.
Sec. 3110. Carbon removal.
Sec. 3111. Methane leak detection and mitigation.
Sec. 3112. Waste gas utilization.
Sec. 3113. National energy technology laboratory reforms.
Sec. 3114. Climate Solutions Challenges.
Sec. 3115. Carbon dioxide removal task force and report.
Sec. 3116. National Academy of Sciences study on carbon capture technology.
Sec. 3117. Study on Blue Hydrogen Technology.
Subtitle B—Controlling Methane Leaks
Sec. 3201. Improving the natural gas distribution system.
Subtitle C—Eminent Domain Reform
Sec. 3301. Modifications to exercise of the right of eminent domain by holder
of a certificate of public convenience and necessity.
Subtitle D—Climate Smart Ports
Sec. 3401. Climate smart ports grant program.
Subtitle E—Interagency Task Force on Short-Lived Climate Pollutant
Mitigation
Sec. 3501. Interagency task force on short-lived climate pollutant mitigation.
Subtitle F—Black Carbon
Sec. 3601. Reduction of black carbon emissions.
TITLE IV—NUCLEAR ENERGY
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Subtitle A—Advanced Nuclear Fuel Availability
Sec. 4101. Program.
Sec. 4102. Reports to Congress.
Sec. 4103. Authorization of appropriations.
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Sec. 4104. Definitions.
Subtitle B—Nuclear Energy Leadership Act
Sec. 4201. Definitions.
Sec. 4202. Nuclear energy research, development, demonstration, and commer-
cial application programs.
Sec. 4203. Nuclear energy budget plan.
Sec. 4204. Organization and administration of programs.
Subtitle C—Defending Against Rosatom Exports
Sec. 4301. Extension and expansion of limitations on importation of uranium
from Russian Federation.
Subtitle D—FUSION ENERGY RESEARCH
Sec. 4401. Fusion energy research.
TITLE V—ELECTRIC GRID AND CYBERSECURITY
Subtitle A—Electric Grid
PART 1—21ST CENTURY POWER GRID
Sec. 5101. 21st Century Power Grid.
Sec. 5102. Definitions.
Sec. 5103. Power System modeling reform and updates to grid services and
grid operator software.
Sec. 5104. Advanced energy and grid efficiency studies and report.
PART 2—TRANSMISSION PLANNING
Sec. 5111. Interregional transmission planning report.
Sec. 5112. Interregional transmission planning rulemaking.
Subtitle B—State Energy Security Plans
Sec. 5201. State energy security plans.
Subtitle C—Research and Development
PART 1—BETTER ENERGY STORAGE TECHNOLOGY
Sec. 5301. Energy storage.
Sec. 5302. Critical mineral recycling and reuse research, development, and
demonstration program.
PART 2—GRID MODERNIZATION RESEARCH AND DEVELOPMENT
Sec. 5321. Smart grid regional demonstration initiative.
Sec. 5322. Smart grid modeling, visualization, architecture, and controls.
Sec. 5323. Hybrid energy systems.
Sec. 5324. Grid integration research and development.
Sec. 5325. Industry alliance.
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Sec. 5326. Coordination of efforts.
Sec. 5327. Technical amendments; authorization of appropriations.
PART 3—GRID SECURITY RESEARCH AND DEVELOPMENT
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Sec. 5341. Amendment to Energy Independence and Security Act of 2007.
Sec. 5342. Critical infrastructure research and construction.
Sec. 5343. Conforming amendment.
Subtitle D—Tribal Energy
Sec. 5401. Indian energy.
Sec. 5402. Report on electricity access and reliability.
Subtitle E—Utility Resilience and Reliability
Sec. 5501. Reliability of bulk-power system in changing conditions.
Sec. 5502. Electric grid resilience education program.
Sec. 5503. Report on planned electric power outages due to extreme weather
conditions.
TITLE VI—TRANSPORTATION
Subtitle A—Diesel Emissions Reduction
Sec. 6101. Reauthorization of diesel emissions reduction program.
Subtitle B—Clean School Bus Program
Sec. 6201. Reauthorization of Clean School Bus Program.
Subtitle C—Clean Cities Coalition Program
Sec. 6301. Clean Cities Coalition Program.
Subtitle D—Renewable Fuel Standard Integrity
Sec. 6401. Annual deadline for petitions by small refineries for exemptions
from renewable fuel requirements.
Sec. 6402. Information in petition subject to public disclosure.
Subtitle E—EV Infrastructure
Sec. 6501. Definitions.
Sec. 6502. Electric vehicle supply equipment rebate program.
Sec. 6503. Expanding access to electric vehicles in underserved communities.
Sec. 6504. Ensuring program benefits for underserved and disadvantaged com-
munities.
Sec. 6505. Model building code for electric vehicle supply equipment.
Sec. 6506. Electric vehicle supply equipment coordination.
Sec. 6507. State consideration of electric vehicle charging.
Sec. 6508. State energy plans.
Sec. 6509. Transportation electrification.
Sec. 6510. Federal fleets.
Sec. 6511. Domestic Manufacturing Conversion Grant Program.
Sec. 6512. Advanced technology vehicles manufacturing incentive program.
Subtitle F—Vehicles Used for Competition
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Sec. 6601. Treatment of vehicles not legal for operation on a street or highway
and used solely for competition.
Subtitle G—Clean Refrigerated Vehicles Program
Sec. 6701. Pilot program for the electrification of certain refrigerated vehicles.
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Subtitle H—Low-Carbon Fuels
Sec. 6801. Study by National Academy of Sciences.
Subtitle I—Climate Action Planning for Ports
Sec. 6901. Grants To reduce greenhouse gas emissions at ports.
Subtitle J—Research and Development
Sec. 6911. Definitions.
Sec. 6912. Vehicle research and development.
Sec. 6913. Research and development program for advanced vehicle manufac-
turing technologies.
Sec. 6914. Authorization of appropriations.
TITLE VII—ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
Sec. 7001. ARPA–E amendments.
TITLE VIII—TECHNOLOGY TRANSFER
Sec. 8001. Definitions.
Subtitle A—National Clean Energy Technology Transfer Programs
Sec. 8101. Regional clean energy innovation program.
Sec. 8102. National clean energy incubator program.
Sec. 8103. Clean energy technology university prize competition.
Sec. 8104. Energy I-Corps.
Sec. 8105. Clean energy technology transfer coordination.
Subtitle B—Supporting Technology Development At the National Laboratories
Sec. 8201. Lab partnering service pilot program.
Sec. 8202. Lab-embedded entrepreneurship program.
Sec. 8203. Small business voucher program.
Sec. 8204. Entrepreneurial leave program.
Sec. 8205. National laboratory employee outside employment authority.
Sec. 8206. Technology commercialization fund.
Sec. 8207. Signature authority.
Subtitle C—Department of Energy Modernization
Sec. 8301. Technology Transfer Program.
Sec. 8302. Management of demonstration projects.
Sec. 8303. Streamlining prize competitions.
Sec. 8304. Milestone-based demonstration projects.
Sec. 8305. Cost-share waiver extension.
Sec. 8306. Special hiring authority for scientific, engineering, and project man-
agement personnel.
Sec. 8307. Technology transfer reports and evaluation.
Sec. 8308. Other transaction authority extension.
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Subtitle D—Increasing and Mobilizing Partnerships to Achieve
Commercialization of Technologies for Energy
Sec. 8401. Short title.
Sec. 8402. Definitions.
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Sec. 8403. Energy Technology Commercialization Foundation.
TITLE IX—INDUSTRIAL INNOVATION AND COMPETITIVENESS
Subtitle A—Smart Manufacturing
Sec. 9101. Definitions.
Sec. 9102. Development of national smart manufacturing plan.
Sec. 9103. Leveraging existing agency programs to assist small and medium
manufacturers.
Sec. 9104. Leveraging smart manufacturing infrastructure at National Labora-
tories.
Sec. 9105. State leadership grants.
Sec. 9106. Report.
Subtitle B—American Innovation and Manufacturing Leadership
Sec. 9201. Definitions.
Sec. 9202. Listing of regulated substances.
Sec. 9203. Monitoring and reporting requirements.
Sec. 9204. Phasedown of regulated substances.
Sec. 9205. Management of regulated substances.
Sec. 9206. Technology transitions.
Sec. 9207. Rulemaking authority.
Sec. 9208. Relationship to other laws.
Subtitle C—Clean Industrial Technology
Sec. 9301. Purpose.
Sec. 9302. Industrial emissions reduction technology development program.
Sec. 9303. Industrial Technology Innovation Advisory Committee.
Sec. 9304. Technical assistance program to implement industrial emissions re-
duction.
Sec. 9305. Coordination of research and development of energy efficient tech-
nologies for industry.
Subtitle D—Combined Heat and Power Support
Sec. 9401. CHP Technical Assistance Partnership Program.
Subtitle E—Title XVII Loan Program Reform
Sec. 9501. Loan program office title XVII reform.
Sec. 9502. Authorization of appropriations.
TITLE X—CRITICAL MATERIALS
Sec. 10101. Definitions.
Subtitle A—Energy Critical Materials
Sec. 10121. Energy critical materials program.
Sec. 10122. Critical materials research database and information center.
Sec. 10123. Critical materials interagency subcommittee.
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Subtitle B—National Materials and Minerals Policy, Research, and
Development
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Sec. 10141. Amendments to National Materials and Minerals Policy, Research
and Development Act of 1980.
Sec. 10142. Conforming repeal.
TITLE XI—ENVIRONMENTAL JUSTICE
Sec. 11001. Definitions.
Sec. 11002. Environmental justice community technical assistance grants.
Sec. 11003. Interagency Federal working group on environmental justice.
Sec. 11004. Federal agency actions to address environmental justice.
Sec. 11005. Training of employees of Federal agencies.
Sec. 11006. Environmental justice basic training program.
Sec. 11007. Environmental justice clearinghouse.
Sec. 11008. Public meetings.
Sec. 11009. National environmental justice advisory council.
Sec. 11010. Environmental justice grant programs.
Sec. 11011. Environmental justice community solid waste disposal technical as-
sistance grants.
Sec. 11012. Environmental justice community, State, and Tribal grant pro-
grams.
Sec. 11013. Protections for environmental justice communities against harmful
federal actions.
Sec. 11014. Prohibited discrimination.
Sec. 11015. Right of action.
Sec. 11016. Rights of recovery.
Sec. 11017. Public health risks associated with cumulative environmental
stressors.
Sec. 11018. Climate Justice Grant Program.
Sec. 11019. Environmental justice for communities overburdened by environ-
mental violations.
TITLE XII—OTHER MATTERS
Subtitle A—Blue Collar to Green Collar Jobs Development
PART 1—OFFICE OF ECONOMIC IMPACT, DIVERSITY, AND EMPLOYMENT
Sec. 12101. Name of office.
Sec. 12102. Energy workforce development programs.
Sec. 12103. Authorization.
PART 2—ENERGY WORKFORCE DEVELOPMENT
Sec. 12111. Energy workforce development.
Sec. 12112. Energy workforce grant program.
Sec. 12113. Definitions.
Sec. 12114. Renewable energy transition grant program.
Sec. 12115. Energy Jobs Council and annual energy employment report.
PART 3—MEASURING GREEN COLLAR JOB DEVELOPMENT
Sec. 12121. Measuring green jobs.
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PART 4—CLEAN ENERGY ECONOMY WORKFORCE
Sec. 12131. Clean Energy Economy Workforce Program.
Subtitle B—Buy American and Wage Rate Requirements
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Sec. 12201. Use of American iron, steel, and manufactured goods.
Sec. 12202. Wage rate requirements.
Sec. 12203. Apprenticeships.
Subtitle C—Natural Resources
Sec. 12301. Offshore Wind Career Training Grant Program.
Sec. 12302. Data preservation.
Sec. 12303. Extension of authority for non-oil and gas operations on the Outer
Continental Shelf.
Subtitle D—Clean Energy and Sustainability Accelerator
Sec. 12401. Clean Energy and Sustainability Accelerator.
Subtitle E—Scientific Integrity
Sec. 12501. Sense of Congress.
Sec. 12502. Amendment to America COMPETES Act.
Sec. 12503. Existing policies; clarification.
Subtitle F—Other Matters
Sec. 12601. Authorization.
Sec. 12602. Addressing insufficient compensation of employees and other per-
sonnel of the Federal Energy Regulatory Commission.
Sec. 12603. Office of Public Participation.
Sec. 12604. Background ozone research.
Sec. 12605. Smoke planning and research.
Sec. 12606. Report on effects of emissions from fossil fuel facilities.
Sec. 12607. Wildfire hazard severity mapping for electric transmission and dis-
tribution infrastructure.
Sec. 12608. Wildfire smoke emissions modeling and forecasting improvement
program.
Sec. 12609. Exposure to wildfire smoke and air pollution.
Sec. 12610. Budgetary effects.
Sec. 12611. Effective date.
Sec. 12612. Effective date.
Sec. 12613. Report on mining of critical minerals using forced labor in foreign
countries.
Sec. 12614. Tree planting grant program.
Sec. 12615 Labor Standards.
Sec. 12616. Affirming Protections for Children and Workers.
Sec. 12617. Rural and remote communities electrification grants.
Sec. 12618. Coal community resource clearinghouse.
Sec. 12619. Report on fossil fuel subsidies.
Sec. 12620. Publication of Interconnections Seams Study.
Sec. 12621. Department of energy research mission on climate change and
emissions reduction.
Sec. 12622. Study on equitable distribution of benefits of clean energy.
Sec. 12623. Study on certain climate change mitigation efforts.
Sec. 12624. Low-Dose-Radiation Research.
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Sec. 12625. Online publication of greenhouse gas emissions.
Sec. 12626. Sense of Congress.
Sec. 12627. Use of bird-safe features, practices, and strategies in public build-
ings.
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Sec. 12628. Gas waste reduction and enhancement of gas measuring and re-
porting.
Subtitle G—Open Back Better
Sec. 12701. Facilities energy resiliency.
Sec. 12702. Personnel.
Subtitle H—Zeroing Excess, Reducing Organic Waste, and Sustaining
Technical Expertise
Sec. 12801. Grant program.
Sec. 12802. Grant awards.
Sec. 12803. Reporting.
Sec. 12804. Annual conference.
Sec. 12805. Definitions.
Sec. 12806. Authorization of appropriations.
Subtitle I—Radon Abatement Reauthorization
Sec. 12901. Technical assistance to States for radon programs reauthorized.
Sec. 12902. Grant assistance to States for radon programs reauthorized.
Sec. 12903. Regional radon training centers reauthorized.
1 TITLE I—ENERGY EFFICIENCY
2 Subtitle A—Buildings
3 PART 1—BUILDING ENERGY CODES
4 SEC. 1101. GREATER ENERGY EFFICIENCY IN BUILDING
5 CODES.
6 (a) DEFINITIONS.—Section 303 of the Energy Con-
7 servation and Production Act (42 U.S.C. 6832) is amend-
8 ed—
9 (1) by striking paragraph (14) and inserting
10 the following:
11 ‘‘(14) MODEL BUILDING ENERGY CODE.—The
12 term ‘model building energy code’ means a voluntary
13 building energy code or standard developed and up-
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14 dated by interested persons, such as the code or
15 standard developed by—
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1 ‘‘(A) the Council of American Building Of-
2 ficials, or its legal successor, International Code
3 Council, Inc.;
4 ‘‘(B) the American Society of Heating, Re-
5 frigerating, and Air-Conditioning Engineers; or
6 ‘‘(C) other appropriate organizations.’’;
7 and
8 (2) by adding at the end the following:
9 ‘‘(17) IECC.—The term ‘IECC’ means the
10 International Energy Conservation Code.
11 ‘‘(18) INDIAN TRIBE.—The term ‘Indian tribe’
12 has the meaning given the term in section 4 of the
13 Native American Housing Assistance and Self-De-
14 termination Act of 1996 (25 U.S.C. 4103).’’.
15 (b) STATE BUILDING ENERGY EFFICIENCY
16 CODES.—Section 304 of the Energy Conservation and
17 Production Act (42 U.S.C. 6833) is amended to read as
18 follows:
19 ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI-
20 CIENCY CODES.
21 ‘‘(a) VOLUNTARY CODES AND STANDARDS.—Not-
22 withstanding any other provision of this section, any
23 model building code or standard established under section
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24 304 shall not be binding on a State, local government, or
25 Indian tribe as a matter of Federal law.
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1 ‘‘(b) ACTION BY SECRETARY.—The Secretary shall—
2 ‘‘(1) encourage and support the adoption of
3 building energy codes by States, Indian tribes, and,
4 as appropriate, by local governments that meet or
5 exceed the model building energy codes, or achieve
6 equivalent or greater energy savings; and
7 ‘‘(2) support full compliance with the State and
8 local codes.
9 ‘‘(c) STATE AND INDIAN TRIBE CERTIFICATION OF
10 BUILDING ENERGY CODE UPDATES.—
11 ‘‘(1) REVIEW AND UPDATING OF CODES BY
12 EACH STATE AND INDIAN TRIBE.—
13 ‘‘(A) IN GENERAL.—Not later than 2 years
14 after the date of publication of a revision to a
15 model building energy code, each State or In-
16 dian tribe shall certify whether the State or In-
17 dian tribe, respectively, has reviewed and up-
18 dated the energy provisions of the building code
19 of the State or Indian tribe, respectively.
20 ‘‘(B) DEMONSTRATION.—The certification
21 shall include a demonstration of whether the
22 energy savings for the code provisions that are
23 in effect throughout the territory of the State
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24 or Indian tribe meet or exceed the energy sav-
25 ings of the updated model building energy code.
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1 ‘‘(C) NO MODEL BUILDING ENERGY CODE
2 UPDATE.—If a model building energy code is
3 not updated by a target date established under
4 section 307(b)(2)(E), each State or Indian tribe
5 shall, not later than 2 years after the specified
6 date, certify whether the State or Indian tribe,
7 respectively, has reviewed and updated the en-
8 ergy provisions of the building code of the State
9 or Indian tribe, respectively, to meet or exceed
10 the target in section 307(b)(2).
11 ‘‘(2) VALIDATION BY SECRETARY.—Not later
12 than 90 days after a State or Indian tribe certifi-
13 cation under paragraph (1), the Secretary shall—
14 ‘‘(A) determine whether the code provi-
15 sions of the State or Indian tribe, respectively,
16 meet the criteria specified in paragraph (1);
17 and
18 ‘‘(B) if the determination is positive, vali-
19 date the certification.
20 ‘‘(d) IMPROVEMENTS IN COMPLIANCE WITH BUILD-
21 ING ENERGY CODES.—
22 ‘‘(1) REQUIREMENT.—
23 ‘‘(A) IN GENERAL.—Not later than 3 years
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24 after the date of a certification under sub-
25 section (c), each State and Indian tribe shall
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1 certify whether the State and Indian tribe, re-
2 spectively, has—
3 ‘‘(i) achieved full compliance under
4 paragraph (3) with the applicable certified
5 State and Indian tribe building energy
6 code or with the associated model building
7 energy code; or
8 ‘‘(ii) made significant progress under
9 paragraph (4) toward achieving compliance
10 with the applicable certified State and In-
11 dian tribe building energy code or with the
12 associated model building energy code.
13 ‘‘(B) REPEAT CERTIFICATIONS.—If the
14 State or Indian tribe certifies progress toward
15 achieving compliance, the State or Indian tribe
16 shall repeat the certification until the State or
17 Indian tribe certifies that the State or Indian
18 tribe has achieved full compliance, respectively.
19 ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer-
20 tification under paragraph (1) shall include docu-
21 mentation of the rate of compliance based on—
22 ‘‘(A) independent inspections of a random
23 sample of the buildings covered by the code in
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24 the preceding year; or
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1 ‘‘(B) an alternative method that yields an
2 accurate measure of compliance.
3 ‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State
4 or Indian tribe shall be considered to achieve full
5 compliance under paragraph (1) if—
6 ‘‘(A) at least 90 percent of building space
7 covered by the code in the preceding year sub-
8 stantially meets all the requirements of the ap-
9 plicable code specified in paragraph (1), or
10 achieves equivalent or greater energy savings
11 level; or
12 ‘‘(B) the estimated excess energy use of
13 buildings that did not meet the applicable code
14 specified in paragraph (1) in the preceding
15 year, compared to a baseline of comparable
16 buildings that meet this code, is not more than
17 5 percent of the estimated energy use of all
18 buildings covered by this code during the pre-
19 ceding year.
20 ‘‘(4) SIGNIFICANT PROGRESS TOWARD
21 ACHIEVEMENT OF COMPLIANCE.—A State or Indian
22 tribe shall be considered to have made significant
23 progress toward achieving compliance for purposes
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24 of paragraph (1) if the State or Indian tribe—
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1 ‘‘(A) has developed and is implementing a
2 plan for achieving compliance during the 8-
3 year-period beginning on the date of enactment
4 of the Clean Economy Jobs and Innovation Act,
5 including annual targets for compliance and ac-
6 tive training and enforcement programs; and
7 ‘‘(B) has met the most recent target under
8 subparagraph (A).
9 ‘‘(5) VALIDATION BY SECRETARY.—Not later
10 than 90 days after a State or Indian tribe certifi-
11 cation under paragraph (1), the Secretary shall—
12 ‘‘(A) determine whether the State or In-
13 dian tribe has demonstrated meeting the cri-
14 teria of this subsection, including accurate
15 measurement of compliance; and
16 ‘‘(B) if the determination is positive, vali-
17 date the certification.
18 ‘‘(e) STATES OR INDIAN TRIBES THAT DO NOT
19 ACHIEVE COMPLIANCE.—
20 ‘‘(1) REPORTING.—A State or Indian tribe that
21 has not made a certification required under sub-
22 section (c) or (d) by the applicable deadline shall
23 submit to the Secretary a report describing—
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1 ‘‘(A) the status of the State or Indian tribe
2 with respect to meeting the requirements and
3 submitting the certification; and
4 ‘‘(B) a plan for meeting the requirements
5 and submitting the certification.
6 ‘‘(2) FEDERAL SUPPORT.—For any State or In-
7 dian tribe for which the Secretary has not validated
8 a certification by a deadline under subsection (c) or
9 (d), the lack of the certification may be a consider-
10 ation for Federal support authorized under this sec-
11 tion for code adoption and compliance activities.
12 ‘‘(3) LOCAL GOVERNMENT.—In any State or
13 Indian tribe for which the Secretary has not vali-
14 dated a certification under subsection (c) or (d), a
15 local government may be eligible for Federal support
16 under subsections (f) and (g) by meeting the certifi-
17 cation requirements of subsections (c) and (d).
18 ‘‘(4) REPORTS BY SECRETARY.—
19 ‘‘(A) IN GENERAL.—Not later than De-
20 cember 31, 2021, and not less frequently than
21 once every 3 years thereafter, the Secretary
22 shall submit to Congress and publish a report
23 describing—
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24 ‘‘(i) the status of model building en-
25 ergy codes;
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1 ‘‘(ii) the status of code adoption and
2 compliance in the States and Indian tribes;
3 ‘‘(iii) implementation of this section;
4 and
5 ‘‘(iv) improvements in energy savings
6 over time as result of the targets estab-
7 lished under section 307(b)(2).
8 ‘‘(B) IMPACTS.—The report shall include
9 estimates of impacts of past action under this
10 section, and potential impacts of further action,
11 on—
12 ‘‘(i) upfront financial and construction
13 costs, cost benefits and returns (using in-
14 vestment analysis), and lifetime energy use
15 for buildings;
16 ‘‘(ii) resulting energy costs to individ-
17 uals and businesses; and
18 ‘‘(iii) resulting overall annual building
19 ownership and operating costs.
20 ‘‘(f) TECHNICAL ASSISTANCE TO STATES AND IN-
21 DIAN TRIBES.—The Secretary shall provide technical as-
22 sistance to States and Indian tribes to implement the goals
23 and requirements of this section, including procedures and
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24 technical analysis for States and Indian tribes—
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1 ‘‘(1) to improve and implement State residential
2 and commercial building energy codes;
3 ‘‘(2) to demonstrate that the code provisions of
4 the States and Indian tribes achieve equivalent or
5 greater energy savings than the model building en-
6 ergy codes and targets;
7 ‘‘(3) to document the rate of compliance with a
8 building energy code; and
9 ‘‘(4) to otherwise promote the design and con-
10 struction of energy- and water-efficient buildings.
11 ‘‘(g) AVAILABILITY OF INCENTIVE FUNDING.—
12 ‘‘(1) IN GENERAL.—The Secretary shall provide
13 incentive funding to States and Indian tribes—
14 ‘‘(A) to implement the requirements of this
15 section;
16 ‘‘(B) to improve and implement residential
17 and commercial building energy codes, including
18 increasing and verifying compliance with the
19 codes and training of State, tribal, and local
20 building code officials to implement and enforce
21 the codes; and
22 ‘‘(C) to promote building energy and water
23 efficiency through the use of the codes and
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24 standards.
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1 ‘‘(2) ADDITIONAL FUNDING.—Additional fund-
2 ing shall be provided under this subsection for im-
3 plementation of a plan to achieve and document full
4 compliance with residential and commercial building
5 energy codes under subsection (d)—
6 ‘‘(A) to a State or Indian tribe for which
7 the Secretary has validated a certification under
8 subsection (c) or (d); and
9 ‘‘(B) in a State or Indian tribe that is not
10 eligible under subparagraph (A), to a local gov-
11 ernment that is eligible under this section.
12 ‘‘(3) TRAINING.—Of the amounts made avail-
13 able under this subsection, the State or Indian tribe
14 may use amounts required, but not to exceed
15 $750,000 for a State, to train State and local build-
16 ing code officials to implement and enforce codes de-
17 scribed in paragraph (2).
18 ‘‘(4) LOCAL GOVERNMENTS.—States may share
19 grants under this subsection with local governments
20 that implement and enforce the codes.
21 ‘‘(h) STRETCH CODES AND ADVANCED STAND-
22 ARDS.—
23 ‘‘(1) IN GENERAL.—The Secretary shall provide
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24 technical and financial support for the development
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1 of stretch codes and advanced standards for residen-
2 tial and commercial buildings for use as—
3 ‘‘(A) an option for adoption as a building
4 energy code by local, tribal, or State govern-
5 ments; and
6 ‘‘(B) guidelines for energy-efficient build-
7 ing design.
8 ‘‘(2) TARGETS.—The stretch codes and ad-
9 vanced standards shall be designed—
10 ‘‘(A) to achieve substantial energy savings
11 compared to the model building energy codes;
12 and
13 ‘‘(B) to meet targets under section 307(b),
14 if available, at least 3 to 6 years in advance of
15 the target years.
16 ‘‘(i) STUDIES.—The Secretary, in consultation with
17 building science experts from the National Laboratories
18 and institutions of higher education, designers and build-
19 ers of energy-efficient residential and commercial build-
20 ings, code officials, code and standards developers, and
21 other stakeholders, shall undertake a study of the feasi-
22 bility, impact, economics, and merit of—
23 ‘‘(1) code and standards improvements that
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24 would require that buildings be designed, sited, and
25 constructed in a manner that makes the buildings
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1 more adaptable in the future to become zero-net-en-
2 ergy after initial construction, as advances are
3 achieved in energy-saving technologies;
4 ‘‘(2) code procedures to incorporate measured
5 lifetimes, not just first-year energy use, in trade-offs
6 and performance calculations;
7 ‘‘(3) legislative options for increasing energy
8 savings from building energy codes and standards,
9 including additional incentives for effective State
10 and local action, and verification of compliance with
11 and enforcement of a code or standard other than by
12 a State or local government; and
13 ‘‘(4) code and standards improvements that
14 consider energy efficiency and water efficiency and,
15 to the maximum extent practicable, consider energy
16 efficiency and water efficiency in an integrated man-
17 ner.
18 ‘‘(j) EFFECT ON OTHER LAWS.—Nothing in this sec-
19 tion or section 307 supersedes or modifies the application
20 of sections 321 through 346 of the Energy Policy and
21 Conservation Act (42 U.S.C. 6291 et seq.).
22 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There
23 is authorized to be appropriated to carry out this section
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24 and section 307 $200,000,000, to remain available until
25 expended.’’.
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1 (c) FEDERAL BUILDING ENERGY EFFICIENCY
2 STANDARDS.—Section 305 of the Energy Conservation
3 and Production Act (42 U.S.C. 6834) is amended by strik-
4 ing ‘‘voluntary building energy code’’ each place it appears
5 in subsections (a)(2)(B) and (b) and inserting ‘‘model
6 building energy code’’.
7 (d) MODEL BUILDING ENERGY CODES.—
8 (1) IN GENERAL.—Section 307 of the Energy
9 Conservation and Production Act (42 U.S.C. 6836)
10 is amended to read as follows:
11 ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY
12 CODES.
13 ‘‘(a) IN GENERAL.—The Secretary shall support the
14 updating of model building energy codes.
15 ‘‘(b) TARGETS.—
16 ‘‘(1) IN GENERAL.—The Secretary shall sup-
17 port the updating of the model building energy codes
18 to enable the achievement of aggregate energy sav-
19 ings targets established under paragraph (2).
20 ‘‘(2) TARGETS.—
21 ‘‘(A) IN GENERAL.—The Secretary shall
22 work with State, Indian tribes, local govern-
23 ments, code and standards developers (such as
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24 the entities described in section 303(14)), and
25 other interested parties to support the updating
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1 of model building energy codes by establishing
2 1 or more national aggregate energy savings
3 targets to achieve the purposes of this section.
4 ‘‘(B) SEPARATE TARGETS.—The Secretary
5 shall establish separate targets for commercial
6 and residential buildings.
7 ‘‘(C) BASELINES.—The baseline for updat-
8 ing model building energy codes shall be the
9 2009 IECC for residential buildings and
10 ASHRAE Standard 90.1–2010 for commercial
11 buildings.
12 ‘‘(D) CODE CYCLES.—The targets estab-
13 lished under subparagraph (A) shall align with
14 the respective code development cycles deter-
15 mined by the model building energy code-setting
16 and standards development organizations de-
17 scribed in section 303(14).
18 ‘‘(E) SPECIFIC YEARS.—
19 ‘‘(i) IN GENERAL.—Targets for spe-
20 cific years shall be established and revised
21 by the Secretary through rulemaking and
22 coordinated with code and standards devel-
23 opers (such as the entities described in sec-
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24 tion 303(14)) at a level that—
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1 ‘‘(I) is at the maximum level of
2 energy efficiency that is techno-
3 logically feasible and lifecycle cost ef-
4 fective, while accounting for the eco-
5 nomic considerations under paragraph
6 (4);
7 ‘‘(II) is higher than the preceding
8 target;
9 ‘‘(III) promotes the achievement
10 of commercial and residential high-
11 performance buildings (as defined in
12 section 401 of the Energy Independ-
13 ence and Security Act of 2007 (42
14 U.S.C. 17061)) through high perform-
15 ance energy efficiency; and
16 ‘‘(IV) takes into consideration
17 the variations in climate zones used in
18 model building energy codes.
19 ‘‘(ii) INITIAL TARGETS.—Not later
20 than 1 year after the date of enactment of
21 this clause, the Secretary shall establish
22 initial targets under this subparagraph.
23 ‘‘(iii) DIFFERENT TARGET YEARS.—
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24 Subject to clause (i), prior to the applica-
25 ble year, the Secretary may set a later tar-
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1 get year for any of the model building en-
2 ergy codes described in subparagraph (A)
3 if the Secretary determines that a target
4 cannot be met.
5 ‘‘(iv) SMALL BUSINESS.—When estab-
6 lishing targets under this paragraph
7 through rulemaking, the Secretary shall
8 ensure compliance with the Small Business
9 Regulatory Enforcement Fairness Act of
10 1996 (5 U.S.C. 601 note; Public Law 104–
11 121).
12 ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC-
13 TORS AFFECTING BUILDING ENERGY USE.—In es-
14 tablishing building code targets under paragraph
15 (2), the Secretary shall develop and adjust the tar-
16 gets in recognition of potential savings and costs re-
17 lating to—
18 ‘‘(A) efficiency gains made in appliances,
19 lighting, windows, insulation, and building enve-
20 lope sealing;
21 ‘‘(B) advancement of distributed genera-
22 tion and on-site renewable power generation
23 technologies;
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24 ‘‘(C) equipment improvements for heating,
25 cooling, and ventilation systems;
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1 ‘‘(D) building management systems and
2 smart technologies to reduce energy use; and
3 ‘‘(E) other technologies, practices, and
4 building systems that the Secretary considers
5 appropriate regarding building plug load and
6 other energy uses.
7 ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab-
8 lishing and revising building code targets under
9 paragraph (2), the Secretary shall consider the eco-
10 nomic feasibility of achieving the proposed targets
11 established under this section and the potential costs
12 and savings for consumers and building owners, in-
13 cluding a return on investment analysis.
14 ‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING
15 ENERGY CODE-SETTING AND STANDARDS DEVELOPMENT
16 ORGANIZATIONS.—
17 ‘‘(1) IN GENERAL.—The Secretary shall, on a
18 timely basis, provide technical assistance to model
19 building energy code-setting and standards develop-
20 ment organizations consistent with the goals of this
21 section.
22 ‘‘(2) ASSISTANCE.—The assistance shall in-
23 clude, as requested by the organizations, technical
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24 assistance in—
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1 ‘‘(A) evaluating code or standards pro-
2 posals or revisions;
3 ‘‘(B) building energy and water analysis
4 and design tools;
5 ‘‘(C) building demonstrations;
6 ‘‘(D) developing definitions of energy use
7 intensity and building types for use in model
8 building energy codes to evaluate the efficiency
9 impacts of the model building energy codes;
10 ‘‘(E) performance-based standards;
11 ‘‘(F) evaluating economic considerations
12 under subsection (b)(4); and
13 ‘‘(G) developing model building energy
14 codes by Indian tribes in accordance with tribal
15 law.
16 ‘‘(3) AMENDMENT PROPOSALS.—The Secretary
17 may submit timely model building energy code
18 amendment proposals to the model building energy
19 code-setting and standards development organiza-
20 tions, with supporting evidence, sufficient to enable
21 the model building energy codes to meet the targets
22 established under subsection (b)(2).
23 ‘‘(4) ANALYSIS METHODOLOGY.—The Secretary
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24 shall make publicly available the entire calculation
25 methodology (including input assumptions and data)
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1 used by the Secretary to estimate the energy savings
2 of code or standard proposals and revisions.
3 ‘‘(d) DETERMINATION.—
4 ‘‘(1) REVISION OF MODEL BUILDING ENERGY
5 CODES.—If the provisions of the IECC or ASHRAE
6 Standard 90.1 regarding building energy use are
7 proposed to be revised, the Secretary shall make a
8 preliminary determination, by not later than 90 days
9 after the date of receipt of the proposed revision,
10 and a final determination by not later than 15
11 months after the date of publication of the revision,
12 regarding whether the revision will—
13 ‘‘(A) improve energy efficiency in build-
14 ings, as compared to the existing model build-
15 ing energy code; and
16 ‘‘(B) meet the applicable targets under
17 subsection (b)(2).
18 ‘‘(2) CODES OR STANDARDS NOT MEETING TAR-
19 GETS.—
20 ‘‘(A) PRELIMINARY DETERMINATION BY
21 SECRETARY.—If the Secretary makes a prelimi-
22 nary determination under paragraph (1)(B)
23 that a code or standard does not meet an appli-
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24 cable target under subsection (b)(2), the Sec-
25 retary shall contemporaneously provide to the
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1 developer of the model building energy code or
2 standard not fewer than 2 proposed changes
3 that would result in a model building energy
4 code that meets the applicable target, together
5 with supporting evidence, taking into consider-
6 ation—
7 ‘‘(i) whether the modified code is tech-
8 nically feasible and lifecycle cost effective;
9 ‘‘(ii) available appliances, technologies,
10 materials, and construction practices; and
11 ‘‘(iii) the economic considerations
12 under subsection (b)(4).
13 ‘‘(B) DETERMINATION OR ELECTION BY
14 DEVELOPER.—Not later than 270 days after
15 the date of receipt of proposed changes of the
16 Secretary under subparagraph (A), a developer
17 shall—
18 ‘‘(i) determine whether—
19 ‘‘(I) to publish a new revised
20 code accepting the proposed changes;
21 or
22 ‘‘(II) to reject the proposed
23 changes; or
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24 ‘‘(ii) if the developer elects not to
25 make a determination under clause (i),
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1 publish a notice of that election, together
2 with the proposed changes.
3 ‘‘(C) FINAL DETERMINATION BY SEC-
4 RETARY.—
5 ‘‘(i) IN GENERAL.—A final determina-
6 tion by the Secretary shall be made on the
7 model building energy code or standard, as
8 modified by the changes proposed by the
9 Secretary under subparagraph (A).
10 ‘‘(ii) ADDITIONAL DETERMINA-
11 TIONS.—If a model building energy code or
12 standards developer makes an election pur-
13 suant to subparagraph (B)(ii), the Sec-
14 retary shall make the following final deter-
15 minations for purposes of this subsection:
16 ‘‘(I) A final determination re-
17 garding whether the code or standard
18 of the developer, absent any changes
19 proposed by the Secretary under sub-
20 paragraph (A), will—
21 ‘‘(aa) improve energy effi-
22 ciency in buildings, as compared
23 to the existing model building en-
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24 ergy code; and
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1 ‘‘(bb) meet the applicable
2 targets under subsection (b)(2).
3 ‘‘(II) A final determination re-
4 garding whether the code or standard
5 of the developer, as modified by the
6 changes proposed by the Secretary
7 under subparagraph (A), would—
8 ‘‘(aa) improve energy effi-
9 ciency in buildings, as compared
10 to the existing model building en-
11 ergy code; and
12 ‘‘(bb) meet the applicable
13 targets under subsection (b)(2).
14 ‘‘(e) ADMINISTRATION.—In carrying out this section,
15 the Secretary shall—
16 ‘‘(1) publish notice of targets and supporting
17 analysis and determinations under this section in the
18 Federal Register to provide an explanation of and
19 the basis for such actions, including any supporting
20 modeling, data, assumptions, protocols, and cost-
21 benefit analysis, including return on investment; and
22 ‘‘(2) provide an opportunity for public comment
23 on targets and supporting analysis and determina-
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24 tions under this section.’’.
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1 (2) CONFORMING AMENDMENT.—The table of
2 contents for the Energy Conservation and Produc-
3 tion Act is amended by amending the item relating
4 to section 307 to read as follows:
‘‘Sec. 307. Support for model building energy codes.’’.
5 SEC. 1102. COST-EFFECTIVE CODES IMPLEMENTATION FOR
6 EFFICIENCY AND RESILIENCE.
7 (a) IN GENERAL.—Title III of the Energy Conserva-
8 tion and Production Act (42 U.S.C. 6831 et seq.) is
9 amended by adding at the end the following:
10 ‘‘SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR
11 EFFICIENCY AND RESILIENCE.
12 ‘‘(a) DEFINITIONS.—In this section:
13 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
14 tity’ means—
15 ‘‘(A) a relevant State agency, as deter-
16 mined by the Secretary, such as a State build-
17 ing code agency or State energy office; and
18 ‘‘(B) a partnership.
19 ‘‘(2) PARTNERSHIP.—The term ‘partnership’
20 means a partnership between an eligible entity de-
21 scribed in paragraph (1)(A) and 1 or more of the
22 following entities:
23 ‘‘(A) Local building code agencies.
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24 ‘‘(B) Codes and standards developers.
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1 ‘‘(C) Associations of builders and design
2 and construction professionals.
3 ‘‘(D) Local and utility energy efficiency
4 programs.
5 ‘‘(E) Consumer, energy efficiency, and en-
6 vironmental advocates.
7 ‘‘(F) Other entities, as determined by the
8 Secretary.
9 ‘‘(3) SECRETARY.—The term ‘Secretary’ means
10 the Secretary of Energy.
11 ‘‘(b) ESTABLISHMENT.—
12 ‘‘(1) IN GENERAL.—The Secretary shall estab-
13 lish within the Building Technologies Office of the
14 Department of Energy a program under which the
15 Secretary shall award grants on a competitive basis
16 to eligible entities to enable sustained cost-effective
17 implementation of updated building energy codes.
18 ‘‘(2) UPDATED BUILDING ENERGY CODE.—An
19 update to a building energy code under this section
20 shall include any update made available after the ex-
21 isting building energy code, even if it is not the most
22 recent updated code available.
23 ‘‘(c) CRITERIA; PRIORITY.—In awarding grants
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24 under subsection (b), the Secretary shall—
25 ‘‘(1) consider—
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1 ‘‘(A) prospective energy savings and plans
2 to measure the savings;
3 ‘‘(B) the long-term sustainability of those
4 measures and savings;
5 ‘‘(C) prospective benefits, and plans to as-
6 sess the benefits, including benefits relating
7 to—
8 ‘‘(i) resilience and peak load reduc-
9 tion;
10 ‘‘(ii) occupant safety and health; and
11 ‘‘(iii) environmental performance;
12 ‘‘(D) the demonstrated capacity of the eli-
13 gible entity to carry out the proposed project;
14 and
15 ‘‘(E) the need of the eligible entity for as-
16 sistance; and
17 ‘‘(2) give priority to applications from partner-
18 ships.
19 ‘‘(d) ELIGIBLE ACTIVITIES.—
20 ‘‘(1) IN GENERAL.—An eligible entity awarded
21 a grant under this section may use the grant
22 funds—
23 ‘‘(A) to create or enable State or regional
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24 partnerships to provide training and materials
25 to—
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1 ‘‘(i) builders, contractors and sub-
2 contractors, architects, and other design
3 and construction professionals, relating to
4 meeting updated building energy codes in a
5 cost-effective manner; and
6 ‘‘(ii) building code officials, relating to
7 improving implementation of and compli-
8 ance with building energy codes;
9 ‘‘(B) to collect and disseminate quan-
10 titative data on construction and codes imple-
11 mentation, including code pathways, perform-
12 ance metrics, and technologies used;
13 ‘‘(C) to develop and implement a plan for
14 highly effective codes implementation, including
15 measuring compliance;
16 ‘‘(D) to address various implementation
17 needs in rural, suburban, and urban areas;
18 ‘‘(E) to implement updates in energy codes
19 for—
20 ‘‘(i) new residential and commercial
21 buildings (including multifamily buildings);
22 and
23 ‘‘(ii) additions and alterations to ex-
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24 isting residential and commercial buildings
25 (including multifamily buildings); and
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1 ‘‘(F) to make an addition or alteration to,
2 or to install, replace, or provide maintenance to,
3 an air filtration and purification system of an
4 HVAC system to meet exigencies related to the
5 airborne epidemic transmissions of SARS–
6 4CoV–2 or coronavirus disease 2019 (COVID–
7 19).
8 ‘‘(2) RELATED TOPICS.—Training and mate-
9 rials provided using a grant under this section may
10 include information on the relationship between en-
11 ergy codes and—
12 ‘‘(A) cost-effective, high-performance, and
13 zero-net-energy buildings;
14 ‘‘(B) improving resilience, health, and safe-
15 ty;
16 ‘‘(C) water savings and other environ-
17 mental impacts; and
18 ‘‘(D) the economic impacts of energy
19 codes.
20 ‘‘(e) PREVAILING WAGES.—All laborers and mechan-
21 ics employed by contractors or subcontractors in the per-
22 formance of construction, alteration, or repair work as-
23 sisted, in whole or in part, by a grant under this section
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24 shall be paid wages at rates not less than those prevailing
25 on similar construction in the locality as determined by
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1 the Secretary of Labor in accordance with subchapter IV
2 of chapter 31 of title 40. With respect to the labor stand-
3 ards in this subsection, the Secretary of Labor shall have
4 the authority and functions set forth in Reorganization
5 Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C.
6 App.) and section 3145 of title 40.
7 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
8 are authorized to be appropriated to the Secretary to carry
9 out this section—
10 ‘‘(1) $25,000,000 for each of fiscal years 2021
11 through 2030; and
12 ‘‘(2) for fiscal year 2031 and each fiscal year
13 thereafter, such sums as are necessary.’’.
14 (b) CONFORMING AMENDMENTS.—
15 (1) TABLE OF CONTENTS.—The table of con-
16 tents for the Energy Conservation and Production
17 Act is amended by inserting after the item relating
18 to section 308 the following:
‘‘Sec. 309. Cost-effective codes implementation for efficiency and resilience.’’.
19 (2) DEFINITIONS.—Section 303 of the Energy
20 Conservation and Production Act (42 U.S.C. 6832)
21 is amended, in the matter preceding paragraph (1),
22 by striking ‘‘As used in’’ and inserting ‘‘Except as
23 otherwise provided, in’’.
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1 SEC. 1103. COMMERCIAL BUILDING ENERGY CONSUMPTION
2 INFORMATION SHARING.
3 (a) IN GENERAL.—Not later than 120 days after the
4 date of enactment of this Act, the Administrator of the
5 Energy Information Administration (referred to in this
6 section as the ‘‘Administrator’’) and the Administrator of
7 the Environmental Protection Agency shall sign, and sub-
8 mit to Congress, an information sharing agreement (re-
9 ferred to in this section as the ‘‘agreement’’) relating to
10 commercial building energy consumption data.
11 (b) CONTENT OF AGREEMENT.—The agreement
12 shall—
13 (1) provide that the Administrator shall have
14 access to building-specific data in the Portfolio Man-
15 ager database of the Environmental Protection
16 Agency;
17 (2) describe the manner in which the Adminis-
18 trator shall incorporate appropriate data (including
19 the data described in subsection (c)) into any Com-
20 mercial Buildings Energy Consumption Survey (re-
21 ferred to in this section as ‘‘CBECS’’) published
22 after the date of enactment of this Act for the pur-
23 pose of analyzing and estimating building popu-
24 lation, size, location, activity, energy usage, and any
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25 other relevant building characteristic; and
26 (3) describe and compare—
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1 (A) the methodologies that the Energy In-
2 formation Administration, the Environmental
3 Protection Agency, and State and local govern-
4 ment managers use to maximize the quality, re-
5 liability, and integrity of data collected through
6 CBECS, the Portfolio Manager database of the
7 Environmental Protection Agency, and State
8 and local building energy disclosure laws (in-
9 cluding regulations), respectively, and the man-
10 ner in which those methodologies can be im-
11 proved; and
12 (B) consistencies and variations in data for
13 buildings that were captured in the 2012
14 CBECS cycle and in the Portfolio Manager
15 database of the Environmental Protection
16 Agency.
17 (c) DATA.—The data referred in subsection (b)(2) in-
18 cludes data that—
19 (1) is collected through the Portfolio Manager
20 database of the Environmental Protection Agency;
21 (2) is required to be publicly available on the
22 internet under State and local government building
23 energy disclosure laws (including regulations); and
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24 (3) includes information on private sector build-
25 ings that are not less than 250,000 square feet.
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1 (d) PROTECTION OF INFORMATION.—In carrying out
2 the agreement, the Administrator and the Administrator
3 of the Environmental Protection Agency shall protect in-
4 formation in accordance with—
5 (1) section 552(b)(4) of title 5, United States
6 Code (commonly known as the ‘Freedom of Informa-
7 tion Act’);
8 (2) subchapter III of chapter 35 of title 44,
9 United States Code; and
10 (3) any other applicable law (including regula-
11 tions).
12 PART 2—WORKER TRAINING AND CAPACITY
13 BUILDING
14 SEC. 1111. BUILDING TRAINING AND ASSESSMENT CEN-
15 TERS.
16 (a) IN GENERAL.—The Secretary of Energy shall
17 provide grants to institutions of higher education (as de-
18 fined in section 101 of the Higher Education Act of 1965
19 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as
20 defined in section 316(b) of that Act (20 U.S.C.
21 1059c(b))) to establish building training and assessment
22 centers—
23 (1) to identify opportunities for optimizing en-
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24 ergy efficiency and environmental performance in
25 buildings;
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1 (2) to promote the application of emerging con-
2 cepts and technologies in commercial and institu-
3 tional buildings;
4 (3) to train engineers, architects, building sci-
5 entists, building energy permitting and enforcement
6 officials, and building technicians in energy-efficient
7 design and operation;
8 (4) to assist institutions of higher education
9 and Tribal Colleges or Universities in training build-
10 ing technicians;
11 (5) to promote research and development for
12 the use of alternative energy sources and distributed
13 generation to supply heat and power for buildings,
14 particularly energy-intensive buildings;
15 (6) to coordinate with and assist State-accred-
16 ited technical training centers, community colleges,
17 and Tribal Colleges or Universities and ensure ap-
18 propriate services are provided under this section to
19 each region of the United States; and
20 (7) to identify diverse candidates and firms
21 when procuring for the design and construction of
22 training and assessment centers.
23 (b) COORDINATION AND NONDUPLICATION.—
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24 (1) IN GENERAL.—The Secretary of Energy
25 shall coordinate the program with the industrial re-
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1 search and assessment centers program and with
2 other Federal programs to avoid duplication of ef-
3 fort.
4 (2) COLLOCATION.—To the maximum extent
5 practicable, building, training, and assessment cen-
6 ters established under this section shall be collocated
7 with Industrial Assessment Centers.
8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
9 authorized to be appropriated to carry out this section
10 $10,000,000, to remain available until expended.
11 SEC. 1112. CAREER SKILLS TRAINING.
12 (a) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
13 tion, the term ‘‘eligible entity’’ means a nonprofit partner-
14 ship that—
15 (1) includes the equal participation of industry,
16 including public or private employers, and labor or-
17 ganizations, including joint labor-management train-
18 ing programs;
19 (2) may include workforce investment boards,
20 community-based organizations, qualified service and
21 conservation corps, educational institutions, small
22 businesses, cooperatives, State and local veterans
23 agencies, and veterans service organizations; and
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24 (3) demonstrates—
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1 (A) experience in implementing and oper-
2 ating worker skills training and education pro-
3 grams;
4 (B) the ability to identify and involve in
5 training programs carried out under this sec-
6 tion, target populations of individuals who
7 would benefit from training and be actively in-
8 volved in activities relating to energy efficiency
9 and renewable energy industries; and
10 (C) the ability to help individuals achieve
11 economic self-sufficiency.
12 (b) ESTABLISHMENT.—The Secretary of Energy
13 shall award grants to eligible entities to pay the Federal
14 share of associated career skills training programs under
15 which students concurrently receive classroom instruction
16 and on-the-job training for the purpose of obtaining an
17 industry-related certification to install energy efficient
18 buildings technologies, including technologies described in
19 subsection (b)(3) of section 307 of the Energy Conserva-
20 tion and Production Act (42 U.S.C. 6836).
21 (c) FEDERAL SHARE.—The Federal share of the cost
22 of carrying out a career skills training program described
23 in subsection (a) shall be 50 percent.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is
2 authorized to be appropriated to carry out this section
3 $10,000,000, to remain available until expended.
4 PART 3—SCHOOL BUILDINGS
5 SEC. 1121. COORDINATION OF ENERGY RETROFITTING AS-
6 SISTANCE FOR SCHOOLS.
7 Section 392 of the Energy Policy and Conservation
8 Act (42 U.S.C. 6371a) is amended by adding at the end
9 the following:
10 ‘‘(e) COORDINATION OF ENERGY RETROFITTING AS-
11 SISTANCE FOR SCHOOLS.—
12 ‘‘(1) DEFINITION OF SCHOOL.—Notwith-
13 standing section 391(6), for the purposes of this
14 subsection, the term ‘school’ means—
15 ‘‘(A) an elementary school or secondary
16 school (as defined in section 9101 of the Ele-
17 mentary and Secondary Education Act of 1965
18 (20 U.S.C. 7801));
19 ‘‘(B) an institution of higher education (as
20 defined in section 102(a) of the Higher Edu-
21 cation Act of 1965 (20 U.S.C. 1002(a)));
22 ‘‘(C) a school of the defense dependents’
23 education system under the Defense Depend-
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24 ents’ Education Act of 1978 (20 U.S.C. 921 et
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1 seq.) or established under section 2164 of title
2 10, United States Code;
3 ‘‘(D) a school operated by the Bureau of
4 Indian Affairs;
5 ‘‘(E) a tribally controlled school (as de-
6 fined in section 5212 of the Tribally Controlled
7 Schools Act of 1988 (25 U.S.C. 2511)); and
8 ‘‘(F) a Tribal College or University (as de-
9 fined in section 316(b) of the Higher Education
10 Act of 1965 (20 U.S.C. 1059c(b))).
11 ‘‘(2) ESTABLISHMENT OF CLEARINGHOUSE.—
12 The Secretary, acting through the Office of Energy
13 Efficiency and Renewable Energy, shall establish a
14 clearinghouse to disseminate information regarding
15 available Federal programs and financing mecha-
16 nisms that may be used to help initiate, develop, and
17 finance energy efficiency, distributed generation, and
18 energy retrofitting projects for schools.
19 ‘‘(3) REQUIREMENTS.—In carrying out para-
20 graph (2), the Secretary shall—
21 ‘‘(A) consult with appropriate Federal
22 agencies to develop a list of Federal programs
23 and financing mechanisms that are, or may be,
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24 used for the purposes described in paragraph
25 (2); and
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1 ‘‘(B) coordinate with appropriate Federal
2 agencies to develop a collaborative education
3 and outreach effort to streamline communica-
4 tions and promote available Federal programs
5 and financing mechanisms described in sub-
6 paragraph (A), which may include the develop-
7 ment and maintenance of a single online re-
8 source that includes contact information for rel-
9 evant technical assistance in the Office of En-
10 ergy Efficiency and Renewable Energy that
11 States, local education agencies, and schools
12 may use to effectively access and use such Fed-
13 eral programs and financing mechanisms.’’.
14 SEC. 1122. GRANTS FOR ENERGY EFFICIENCY IMPROVE-
15 MENTS AND RENEWABLE ENERGY IMPROVE-
16 MENTS AT PUBLIC SCHOOL FACILITIES.
17 (a) DEFINITIONS.—In this section:
18 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
19 ty’’ means a consortium of—
20 (A) one local educational agency; and
21 (B) one or more—
22 (i) schools;
23 (ii) nonprofit organizations;
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24 (iii) for-profit organizations; or
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1 (iv) community partners that have the
2 knowledge and capacity to partner and as-
3 sist with energy improvements.
4 (2) ENERGY IMPROVEMENTS.—The term ‘‘en-
5 ergy improvements’’ means—
6 (A) any improvement, repair, or renova-
7 tion, to a school that will result in a direct re-
8 duction in school energy costs including but not
9 limited to improvements to building envelope,
10 air conditioning, ventilation, heating system, do-
11 mestic hot water heating, compressed air sys-
12 tems, distribution systems, lighting, power sys-
13 tems and controls;
14 (B) any improvement, repair, renovation,
15 or installation that leads to an improvement in
16 teacher and student health including but not
17 limited to indoor air quality, daylighting, ven-
18 tilation, electrical lighting, and acoustics; and
19 (C) the installation of renewable energy
20 technologies (such as wind power, photovoltaics,
21 solar thermal systems, geothermal energy, hy-
22 drogen-fueled systems, biomass-based systems,
23 biofuels, anaerobic digesters, and hydropower)
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24 involved in the improvement, repair, or renova-
25 tion to a school.
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1 (b) AUTHORITY.—From amounts made available for
2 grants under this section, the Secretary of Energy shall
3 provide competitive grants to eligible entities to make en-
4 ergy improvements authorized by this section.
5 (c) PRIORITY.—In making grants under this section,
6 the Secretary shall give priority to eligible entities that
7 have renovation, repair, and improvement funding needs
8 and are—
9 (1) a high-need local educational agency, as de-
10 fined in section 2102 of the Elementary and Sec-
11 ondary Education Act of 1965 (20 U.S.C. 6602); or
12 (2) a local educational agency designated with
13 a metrocentric locale code of 41, 42, or 43, as deter-
14 mined by the National Center for Education Statis-
15 tics (NCES), in conjunction with the Bureau of the
16 Census, using the NCES system for classifying local
17 educational agencies.
18 (d) COMPETITIVE CRITERIA.—The competitive cri-
19 teria used by the Secretary shall include the following:
20 (1) The fiscal capacity of the eligible entity to
21 meet the needs for improvements of school facilities
22 without assistance under this section, including the
23 ability of the eligible entity to raise funds through
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24 the use of local bonding capacity and otherwise.
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1 (2) The likelihood that the local educational
2 agency or eligible entity will maintain, in good condi-
3 tion, any facility whose improvement is assisted.
4 (3) The potential energy efficiency and safety
5 benefits from the proposed energy improvements.
6 (e) APPLICATIONS.—To be eligible to receive a grant
7 under this section, an applicant must submit to the Sec-
8 retary an application that includes each of the following:
9 (1) A needs assessment of the current condition
10 of the school and facilities that are to receive the en-
11 ergy improvements.
12 (2) A draft work plan of what the applicant
13 hopes to achieve at the school and a description of
14 the energy improvements to be carried out.
15 (3) A description of the applicant’s capacity to
16 provide services and comprehensive support to make
17 the energy improvements.
18 (4) An assessment of the applicant’s expected
19 needs for operation and maintenance training funds,
20 and a plan for use of those funds, if any.
21 (5) An assessment of the expected energy effi-
22 ciency and safety benefits of the energy improve-
23 ments.
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24 (6) A cost estimate of the proposed energy im-
25 provements.
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1 (7) An identification of other resources that are
2 available to carry out the activities for which funds
3 are requested under this section, including the avail-
4 ability of utility programs and public benefit funds.
5 (f) USE OF GRANT AMOUNTS.—
6 (1) IN GENERAL.—The recipient of a grant
7 under this section shall use the grant amounts only
8 to make the energy improvements contemplated in
9 the application, subject to the other provisions of
10 this subsection.
11 (2) OPERATION AND MAINTENANCE TRAIN-
12 ING.—The recipient may use up to 5 percent for op-
13 eration and maintenance training for energy effi-
14 ciency and renewable energy improvements (such as
15 maintenance staff and teacher training, education,
16 and preventative maintenance training).
17 (3) AUDIT.—The recipient may use funds for a
18 third-party investigation and analysis for energy im-
19 provements (such as energy audits and existing
20 building commissioning).
21 (4) CONTINUING EDUCATION.—The recipient
22 may use up to 1 percent of the grant amounts to de-
23 velop a continuing education curriculum relating to
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24 energy improvements.
25 (g) CONTRACTING REQUIREMENTS.—
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1 (1) DAVIS-BACON.—Any laborer or mechanic
2 employed by any contractor or subcontractor in the
3 performance of work on any energy improvements
4 funded by a grant under this section shall be paid
5 wages at rates not less than those prevailing on
6 similar construction in the locality as determined by
7 the Secretary of Labor under subchapter IV of chap-
8 ter 31 of title 40, United States Code (commonly re-
9 ferred to as the Davis-Bacon Act).
10 (2) COMPETITION.—Each applicant that re-
11 ceives funds shall ensure that, if the applicant car-
12 ries out repair or renovation through a contract, any
13 such contract process—
14 (A) ensures the maximum number of quali-
15 fied bidders, including small, minority, and
16 women-owned businesses, through full and open
17 competition; and
18 (B) gives priority to businesses located in,
19 or resources common to, the State or the geo-
20 graphical area in which the project is carried
21 out.
22 (h) REPORTING.—Each recipient of a grant under
23 this section shall submit to the Secretary, at such time
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24 as the Secretary may require, a report describing the use
25 of such funds for energy improvements, the estimated cost
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1 savings realized by those energy improvements, the results
2 of any audit, the use of any utility programs and public
3 benefit funds and the use of performance tracking for en-
4 ergy improvements (such as the Department of Energy:
5 Energy Star program or LEED for Existing Buildings).
6 (i) BEST PRACTICES.—The Secretary shall develop
7 and publish guidelines and best practices for activities car-
8 ried out under this section.
9 (j) AUTHORIZATION OF APPROPRIATIONS.—There is
10 authorized to be appropriated to carry out this section
11 $100,000,000 for each of fiscal years 2021 through 2025.
12 PART 4—NATIONAL INSTITUTE OF STANDARDS
13 AND TECHNOLOGY
14 SEC. 1132. RESEARCH FOR EFFECTIVENESS AND STAND-
15 ARDS.
16 The Director of the National Institute of Standards
17 and Technology shall—
18 (1) collect data following wildfires in the
19 wildland-urban interface related to the influence of
20 building materials on structural fires and how wind,
21 terrain, and moisture affect wildland fires; and
22 (2) contribute to the scientific basis for ana-
23 lyzing economic outcomes of wildland-urban inter-
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24 face fire mitigation by conducting research on and
25 developing metrics for the—
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1 (A) relative contribution of moisture,
2 weather, terrain, and infrastructure;
3 (B) losses and erosion of the forest floor
4 resulting from wildfires in the wildland urban
5 interface; and
6 (C) the performance of current designs,
7 materials, and technologies used for—
8 (i) residential structures;
9 (ii) public and Federal government
10 buildings;
11 (iii) electric grid infrastructure; and
12 (iv) other critical infrastructure.
13 Subtitle B—Industrial Efficiency
14 and Competitiveness
15 PART 1—MANUFACTURING ENERGY EFFICIENCY
16 SEC. 1201. PURPOSES.
17 The purposes of this part are—
18 (1) to establish a clear and consistent authority
19 for industrial efficiency programs of the Department
20 of Energy;
21 (2) to accelerate the deployment of technologies
22 and practices that will increase industrial energy ef-
23 ficiency and improve productivity;
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24 (3) to accelerate the development and dem-
25 onstration of technologies that will assist the deploy-
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1 ment goals of the industrial efficiency programs of
2 the Department of Energy and increase manufac-
3 turing efficiency;
4 (4) to stimulate domestic economic growth and
5 improve industrial productivity and competitiveness;
6 (5) to meet the future workforce needs of in-
7 dustry; and
8 (6) to strengthen partnerships between Federal
9 and State governmental agencies and the private
10 and academic sectors.
11 SEC. 1202. FUTURE OF INDUSTRY PROGRAM AND INDUS-
12 TRIAL RESEARCH AND ASSESSMENT CEN-
13 TERS.
14 (a) FUTURE OF INDUSTRY PROGRAM.—Section 452
15 of the Energy Independence and Security Act of 2007 (42
16 U.S.C. 17111) is amended—
17 (1) by striking the section heading and insert-
18 ing the following: ‘‘FUTURE OF INDUSTRY PRO-
19 GRAM’’;
20 (2) in subsection (a)(2)—
21 (A) by redesignating subparagraph (E) as
22 subparagraph (F); and
23 (B) by inserting after subparagraph (D)
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24 the following:
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1 ‘‘(E) water and wastewater treatment fa-
2 cilities, including systems that treat municipal,
3 industrial, and agricultural waste; and’’;
4 (3) by striking subsection (e); and
5 (4) by redesignating subsection (f) as sub-
6 section (e).
7 (b) INDUSTRIAL RESEARCH AND ASSESSMENT CEN-
8 TERS.—Subtitle D of title IV of the Energy Independence
9 and Security Act of 2007 (42 U.S.C. 17111 et seq.) is
10 amended by adding at the end the following:
11 ‘‘SEC. 454. INDUSTRIAL RESEARCH AND ASSESSMENT CEN-
12 TERS.
13 ‘‘(a) DEFINITIONS.—In this section:
14 ‘‘(1) ENERGY SERVICE PROVIDER.—The term
15 ‘energy service provider’ means—
16 ‘‘(A) any business providing technology or
17 services to improve the energy efficiency, water
18 efficiency, power factor, or load management of
19 a manufacturing site or other industrial process
20 in an energy-intensive industry (as defined in
21 section 452(a)); and
22 ‘‘(B) any utility operating under a utility
23 energy service project.
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1 ‘‘(2) INDUSTRIAL RESEARCH AND ASSESSMENT
2 CENTER.—The term ‘industrial research and assess-
3 ment center’ means—
4 ‘‘(A) an institution of higher education-
5 based industrial research and assessment center
6 that is funded by the Secretary under sub-
7 section (b); and
8 ‘‘(B) an industrial research and assess-
9 ment center at a trade school, community col-
10 lege, or union training program that is funded
11 by the Secretary under subsection (f).
12 ‘‘(b) INSTITUTION OF HIGHER EDUCATION-BASED
13 INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.—
14 ‘‘(1) IN GENERAL.—The Secretary shall provide
15 funding to institution of higher education-based in-
16 dustrial research and assessment centers.
17 ‘‘(2) PURPOSE.—The purpose of each institu-
18 tion of higher education-based industrial research
19 and assessment center shall be—
20 ‘‘(A) to identify opportunities for opti-
21 mizing energy efficiency and environmental per-
22 formance, including implementation of—
23 ‘‘(i) smart manufacturing;
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24 ‘‘(ii) energy management systems;
25 ‘‘(iii) sustainable manufacturing; and
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1 ‘‘(iv) information technology advance-
2 ments for supply chain analysis, logistics,
3 system monitoring, industrial and manu-
4 facturing processes, and other purposes;
5 ‘‘(B) to promote applications of emerging
6 concepts and technologies in small- and me-
7 dium-sized manufacturers (including water and
8 wastewater treatment facilities and federally
9 owned manufacturing facilities);
10 ‘‘(C) to promote research and development
11 for the use of alternative energy sources to sup-
12 ply heat, power, and new feedstocks for energy-
13 intensive industries;
14 ‘‘(D) to coordinate with appropriate Fed-
15 eral and State research offices;
16 ‘‘(E) to provide a clearinghouse for indus-
17 trial process and energy efficiency technical as-
18 sistance resources; and
19 ‘‘(F) to coordinate with State-accredited
20 technical training centers and community col-
21 leges, while ensuring appropriate services to all
22 regions of the United States.
23 ‘‘(c) COORDINATION.—To increase the value and ca-
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24 pabilities of the industrial research and assessment cen-
25 ters, the centers shall—
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1 ‘‘(1) coordinate with Manufacturing Extension
2 Partnership Centers of the National Institute of
3 Standards and Technology;
4 ‘‘(2) coordinate with the Federal Energy Man-
5 agement Program and the Building Technologies
6 Program of the Department of Energy to provide
7 building assessment services to manufacturers;
8 ‘‘(3) increase partnerships with the National
9 Laboratories of the Department of Energy to lever-
10 age the expertise, technologies, and research and de-
11 velopment capabilities of the National Laboratories
12 for national industrial and manufacturing needs;
13 ‘‘(4) increase partnerships with energy service
14 providers and technology providers to leverage pri-
15 vate sector expertise and accelerate deployment of
16 new and existing technologies and processes for en-
17 ergy efficiency, power factor, and load management;
18 ‘‘(5) identify opportunities for reducing green-
19 house gas emissions and other air emissions; and
20 ‘‘(6) promote sustainable manufacturing prac-
21 tices for small- and medium-sized manufacturers.
22 ‘‘(d) OUTREACH.—The Secretary shall provide fund-
23 ing for—
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24 ‘‘(1) outreach activities by the industrial re-
25 search and assessment centers to inform small- and
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1 medium-sized manufacturers of the information,
2 technologies, and services available; and
3 ‘‘(2) coordination activities by each industrial
4 research and assessment center to leverage efforts
5 with—
6 ‘‘(A) Federal and State efforts;
7 ‘‘(B) the efforts of utilities and energy
8 service providers;
9 ‘‘(C) the efforts of regional energy effi-
10 ciency organizations; and
11 ‘‘(D) the efforts of other industrial re-
12 search and assessment centers.
13 ‘‘(e) CENTERS OF EXCELLENCE.—
14 ‘‘(1) ESTABLISHMENT.—The Secretary shall es-
15 tablish a Center of Excellence at not more than 5
16 of the highest-performing industrial research and as-
17 sessment centers, as determined by the Secretary.
18 ‘‘(2) DUTIES.—A Center of Excellence shall co-
19 ordinate with and advise the industrial research and
20 assessment centers located in the region of the Cen-
21 ter of Excellence, including—
22 ‘‘(A) by mentoring new directors and staff
23 of the industrial research and assessment cen-
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24 ters with respect to—
25 ‘‘(i) the availability of resources; and
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1 ‘‘(ii) best practices for carrying out
2 assessments, including through the partici-
3 pation of the staff of the Center of Excel-
4 lence in assessments carried out by new in-
5 dustrial research and assessment centers;
6 ‘‘(B) by providing training to staff and
7 students at the industrial research and assess-
8 ment centers on new technologies, practices,
9 and tools to expand the scope and impact of the
10 assessments carried out by the centers;
11 ‘‘(C) by assisting the industrial research
12 and assessment centers with specialized tech-
13 nical opportunities, including by providing a
14 clearinghouse of available expertise and tools to
15 assist the centers and clients of the centers in
16 assessing and implementing those opportunities;
17 ‘‘(D) by identifying and coordinating with
18 regional, State, local, and utility energy effi-
19 ciency programs for the purpose of facilitating
20 efforts by industrial research and assessment
21 centers to connect industrial facilities receiving
22 assessments from those centers with regional,
23 State, local, and utility energy efficiency pro-
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24 grams that could aid the industrial facilities in
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1 implementing any recommendations resulting
2 from the assessments;
3 ‘‘(E) by facilitating coordination between
4 the industrial research and assessment centers
5 and other Federal programs described in para-
6 graphs (1) through (3) of subsection (c); and
7 ‘‘(F) by coordinating the outreach activi-
8 ties of the industrial research and assessment
9 centers under subsection (d)(1).
10 ‘‘(3) FUNDING.—Subject to the availability of
11 appropriations, for each fiscal year, out of any
12 amounts made available to carry out this section
13 under subsection (i), the Secretary shall use not less
14 than $500,000 to support each Center of Excellence.
15 ‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH AND AS-
16 SESSMENT CENTERS.—
17 ‘‘(1) IN GENERAL.—The Secretary shall provide
18 funding to establish additional industrial research
19 and assessment centers at trade schools, community
20 colleges, and union training programs.
21 ‘‘(2) PURPOSE.—
22 ‘‘(A) IN GENERAL.—Subject to subpara-
23 graph (B), to the maximum extent practicable,
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24 an industrial research and assessment center
25 established under paragraph (1) shall have the
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1 same purpose as an institution of higher edu-
2 cation-based industrial research center that is
3 funded by the Secretary under subsection
4 (b)(1).
5 ‘‘(B) CONSIDERATION OF CAPABILITIES.—
6 In evaluating or establishing the purpose of an
7 industrial research and assessment center es-
8 tablished under paragraph (1), the Secretary
9 shall take into consideration the varying capa-
10 bilities of trade schools, community colleges,
11 and union training programs.
12 ‘‘(g) WORKFORCE TRAINING.—
13 ‘‘(1) INTERNSHIPS.—The Secretary shall pay
14 the Federal share of associated internship programs
15 under which students work with or for industries,
16 manufacturers, and energy service providers to im-
17 plement the recommendations of industrial research
18 and assessment centers.
19 ‘‘(2) APPRENTICESHIPS.—The Secretary shall
20 pay the Federal share of associated apprenticeship
21 programs under which—
22 ‘‘(A) students work with or for industries,
23 manufacturers, and energy service providers to
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24 implement the recommendations of industrial
25 research and assessment centers; and
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1 ‘‘(B) employees of facilities that have re-
2 ceived an assessment from an industrial re-
3 search and assessment center work with or for
4 an industrial research and assessment center to
5 gain knowledge on engineering practices and
6 processes to improve productivity and energy
7 savings.
8 ‘‘(3) FEDERAL SHARE.—The Federal share of
9 the cost of carrying out internship programs de-
10 scribed in paragraph (1) and apprenticeship pro-
11 grams described in paragraph (2) shall be 50 per-
12 cent.
13 ‘‘(h) SMALL BUSINESS LOANS.—The Administrator
14 of the Small Business Administration shall, to the max-
15 imum extent practicable, expedite consideration of applica-
16 tions from eligible small business concerns for loans under
17 the Small Business Act (15 U.S.C. 631 et seq.) to imple-
18 ment recommendations developed by the industrial re-
19 search and assessment centers.
20 ‘‘(i) FUNDING.—There is authorized to be appro-
21 priated to the Secretary to carry out this section
22 $30,000,000 for each fiscal year, to remain available until
23 expended.’’.
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1 (c) CLERICAL AMENDMENTS.—The table of contents
2 of the Energy Independence and Security Act of 2007 (42
3 U.S.C. prec. 17001) is amended—
4 (1) in the item relating to section 452, by strik-
5 ing ‘‘Energy-intensive industries program’’ and in-
6 serting ‘‘Future of industry program’’; and
7 (2) by adding at the end of the items relating
8 to subtitle D of title IV the following:
‘‘Sec. 454. Industrial research and assessment centers.’’.
9 SEC. 1203. SUSTAINABLE MANUFACTURING INITIATIVE.
10 (a) IN GENERAL.—Part E of title III of the Energy
11 Policy and Conservation Act (42 U.S.C. 6341 et seq.) is
12 amended by adding at the end the following:
13 ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
14 ‘‘(a) IN GENERAL.—As part of the Office of Energy
15 Efficiency and Renewable Energy of the Department of
16 Energy, the Secretary, on the request of a manufacturer,
17 shall carry out onsite technical assessments to identify op-
18 portunities for—
19 ‘‘(1) maximizing the energy efficiency of indus-
20 trial processes and cross-cutting systems;
21 ‘‘(2) preventing pollution and minimizing waste;
22 ‘‘(3) improving efficient use of water in manu-
23 facturing processes;
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24 ‘‘(4) conserving natural resources; and
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1 ‘‘(5) achieving such other goals as the Secretary
2 determines to be appropriate.
3 ‘‘(b) COORDINATION.—To implement any rec-
4 ommendations resulting from an onsite technical assess-
5 ment carried out under subsection (a) and to accelerate
6 the adoption of new and existing technologies and proc-
7 esses that improve energy efficiency, the Secretary shall
8 coordinate with—
9 ‘‘(1) the Advanced Manufacturing Office of the
10 Department of Energy;
11 ‘‘(2) the Building Technologies Office of the
12 Department of Energy;
13 ‘‘(3) the Federal Energy Management Program
14 of the Department of Energy; and
15 ‘‘(4) the private sector and other appropriate
16 agencies, including the National Institute of Stand-
17 ards and Technology.
18 ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM FOR
19 SUSTAINABLE MANUFACTURING AND INDUSTRIAL TECH-
20 NOLOGIES AND PROCESSES.—As part of the industrial ef-
21 ficiency programs of the Department of Energy, the Sec-
22 retary shall carry out a joint industry-government partner-
23 ship program to research, develop, and demonstrate new
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24 sustainable manufacturing and industrial technologies and
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1 processes that maximize the energy efficiency of industrial
2 plants, reduce pollution, and conserve natural resources.’’.
3 (b) CLERICAL AMENDMENT.—The table of contents
4 of the Energy Policy and Conservation Act (42 U.S.C.
5 prec. 6201) is amended by adding at the end of the items
6 relating to part E of title III the following:
‘‘Sec. 376. Sustainable manufacturing initiative.’’.
7 SEC. 1204. CONFORMING AMENDMENTS.
8 (a) Section 106 of the Energy Policy Act of 2005 (42
9 U.S.C. 15811) and the item relating to such section in
10 the table of contents of such Act are repealed.
11 (b) Sections 131, 132, 133, 2103, and 2107 of the
12 Energy Policy Act of 1992 (42 U.S.C. 6348, 6349, 6350,
13 13453, 13456) and the items relating to such section in
14 the table of contents of such Act are repealed.
15 (c) Section 2101(a) of the Energy Policy Act of 1992
16 (42 U.S.C. 13451(a)) is amended in the third sentence
17 by striking ‘‘sections 2102, 2103, 2104, 2105, 2106,
18 2107, and 2108’’ and inserting ‘‘sections 2102, 2104,
19 2105, 2106, and 2108 of this Act and section 376 of the
20 Energy Policy and Conservation Act,’’.
21 PART 2—EXTENDED PRODUCT SYSTEM REBATE
22 PROGRAM
23
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SEC. 1211. EXTENDED PRODUCT SYSTEM REBATE PRO-
24 GRAM.
25 (a) DEFINITIONS.—In this section:
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1 (1) ELECTRIC MOTOR.—The term ‘‘electric
2 motor’’ has the meaning given the term in section
3 431.12 of title 10, Code of Federal Regulations (as
4 in effect on the date of enactment of this Act).
5 (2) ELECTRONIC CONTROL.—The term ‘‘elec-
6 tronic control’’ means—
7 (A) a power converter; or
8 (B) a combination of a power circuit and
9 control circuit included on 1 chassis.
10 (3) EXTENDED PRODUCT SYSTEM.—The term
11 ‘‘extended product system’’ means an electric motor
12 and any required associated electronic control and
13 driven load that—
14 (A) offers variable speed or multispeed op-
15 eration;
16 (B) offers partial load control that reduces
17 input energy requirements (as measured in kilo-
18 watt-hours) as compared to identified base lev-
19 els set by the Secretary of Energy; and
20 (C)(i) has greater than 1 horsepower; and
21 (ii) uses an extended product system tech-
22 nology, as determined by the Secretary of En-
23 ergy.
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24 (4) QUALIFIED EXTENDED PRODUCT SYS-
25 TEM.—
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1 (A) IN GENERAL.—The term ‘‘qualified ex-
2 tended product system’’ means an extended
3 product system that—
4 (i) includes an electric motor and an
5 electronic control; and
6 (ii) reduces the input energy (as
7 measured in kilowatt-hours) required to
8 operate the extended product system by
9 not less than 5 percent, as compared to
10 identified base levels set by the Secretary
11 of Energy.
12 (B) INCLUSIONS.—The term ‘‘qualified ex-
13 tended product system’’ includes commercial or
14 industrial machinery or equipment that—
15 (i)(I) did not previously make use of
16 the extended product system prior to the
17 redesign described in subclause (II); and
18 (II) incorporates an extended product
19 system that has greater than 1 horsepower
20 into redesigned machinery or equipment;
21 and
22 (ii) was previously used prior to, and
23 was placed back into service during, cal-
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24 endar year 2021 or 2022.
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1 (b) ESTABLISHMENT.—Not later than 180 days after
2 the date of enactment of this Act, the Secretary of Energy
3 shall establish a program to provide rebates for expendi-
4 tures made by qualified entities for the purchase or instal-
5 lation of a qualified extended product system.
6 (c) QUALIFIED ENTITIES.—
7 (1) ELIGIBILITY REQUIREMENTS.—A qualified
8 entity under this section shall be—
9 (A) in the case of a qualified extended
10 product system described in subsection
11 (a)(4)(A), the purchaser of the qualified ex-
12 tended product that is installed; and
13 (B) in the case of a qualified extended
14 product system described in subsection
15 (a)(4)(B), the manufacturer of the commercial
16 or industrial machinery or equipment that in-
17 corporated the extended product system into
18 that machinery or equipment.
19 (2) APPLICATION.—To be eligible to receive a
20 rebate under this section, a qualified entity shall
21 submit to the Secretary of Energy—
22 (A) an application in such form, at such
23 time, and containing such information as the
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24 Secretary of Energy may require; and
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1 (B) a certification that includes dem-
2 onstrated evidence—
3 (i) that the entity is a qualified entity;
4 and
5 (ii)(I) in the case of a qualified entity
6 described in paragraph (1)(A)—
7 (aa) that the qualified entity in-
8 stalled the qualified extended product
9 system during the 2 fiscal years fol-
10 lowing the date of enactment of this
11 Act;
12 (bb) that the qualified extended
13 product system meets the require-
14 ments of subsection (a)(4)(A); and
15 (cc) showing the serial number,
16 manufacturer, and model number
17 from the nameplate of the installed
18 motor of the qualified entity on which
19 the qualified extended product system
20 was installed; or
21 (II) in the case of a qualified entity
22 described in paragraph (1)(B), dem-
23 onstrated evidence—
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1 (aa) that the qualified extended
2 product system meets the require-
3 ments of subsection (a)(4)(B); and
4 (bb) showing the serial number,
5 manufacturer, and model number
6 from the nameplate of the installed
7 motor of the qualified entity with
8 which the extended product system is
9 integrated.
10 (d) AUTHORIZED AMOUNT OF REBATE.—
11 (1) IN GENERAL.—The Secretary of Energy
12 may provide to a qualified entity a rebate in an
13 amount equal to the product obtained by multi-
14 plying—
15 (A) an amount equal to the sum of the
16 nameplate rated horsepower of—
17 (i) the electric motor to which the
18 qualified extended product system is at-
19 tached; and
20 (ii) the electronic control; and
21 (B) $25.
22 (2) MAXIMUM AGGREGATE AMOUNT.—A quali-
23 fied entity shall not be entitled to aggregate rebates
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24 under this section in excess of $25,000 per calendar
25 year.
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is
2 authorized to be appropriated to carry out this section
3 $5,000,000 for each of the first 2 full fiscal years following
4 the date of enactment of this Act, to remain available until
5 expended.
6 PART 3—TRANSFORMER REBATE PROGRAM
7 SEC. 1221. ENERGY EFFICIENT TRANSFORMER REBATE
8 PROGRAM.
9 (a) DEFINITIONS.—In this section:
10 (1) QUALIFIED ENERGY EFFICIENT TRANS-
11 FORMER.—The term ‘‘qualified energy efficient
12 transformer’’ means a transformer that meets or ex-
13 ceeds the applicable energy conservation standards
14 described in the tables in subsection (b)(2) and
15 paragraphs (1) and (2) of subsection (c) of section
16 431.196 of title 10, Code of Federal Regulations (as
17 in effect on the date of enactment of this Act).
18 (2) QUALIFIED ENERGY INEFFICIENT TRANS-
19 FORMER.—The term ‘‘qualified energy inefficient
20 transformer’’ means a transformer with an equal
21 number of phases and capacity to a transformer de-
22 scribed in any of the tables in subsection (b)(2) and
23 paragraphs (1) and (2) of subsection (c) of section
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24 431.196 of title 10, Code of Federal Regulations (as
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1 in effect on the date of enactment of this Act)
2 that—
3 (A) does not meet or exceed the applicable
4 energy conservation standards described in
5 paragraph (1); and
6 (B)(i) was manufactured between January
7 1, 1987, and December 31, 2008, for a trans-
8 former with an equal number of phases and ca-
9 pacity as a transformer described in the table
10 in subsection (b)(2) of section 431.196 of title
11 10, Code of Federal Regulations (as in effect on
12 the date of enactment of this Act); or
13 (ii) was manufactured between January 1,
14 1992, and December 31, 2011, for a trans-
15 former with an equal number of phases and ca-
16 pacity as a transformer described in the table
17 in paragraph (1) or (2) of subsection (c) of that
18 section (as in effect on the date of enactment
19 of this Act).
20 (3) QUALIFIED ENTITY.—The term ‘‘qualified
21 entity’’ means an owner of industrial or manufac-
22 turing facilities, commercial buildings, or multifamily
23 residential buildings, a utility, or an energy service
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24 company that fulfills the requirements of subsection
25 (d).
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1 (b) ESTABLISHMENT.—Not later than 90 days after
2 the date of enactment of this Act, the Secretary of Energy
3 shall establish a program to provide rebates to qualified
4 entities for expenditures made by the qualified entity for
5 the replacement of a qualified energy inefficient trans-
6 former with a qualified energy efficient transformer.
7 (c) REQUIREMENTS.—To be eligible to receive a re-
8 bate under this section, an entity shall submit to the Sec-
9 retary of Energy an application in such form, at such
10 time, and containing such information as the Secretary
11 of Energy may require, including demonstrated evidence—
12 (1) that the entity purchased a qualified energy
13 efficient transformer;
14 (2) of the core loss value of the qualified energy
15 efficient transformer;
16 (3) of the age of the qualified energy inefficient
17 transformer being replaced;
18 (4) of the core loss value of the qualified energy
19 inefficient transformer being replaced—
20 (A) as measured by a qualified professional
21 or verified by the equipment manufacturer, as
22 applicable; or
23 (B) for transformers described in sub-
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24 section (a)(2)(B)(i), as selected from a table of
25 default values as determined by the Secretary
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1 of Energy in consultation with applicable indus-
2 try; and
3 (5) that the qualified energy inefficient trans-
4 former has been permanently decommissioned and
5 scrapped.
6 (d) AUTHORIZED AMOUNT OF REBATE.—The
7 amount of a rebate provided under this section shall be—
8 (1) for a 3-phase or single-phase transformer
9 with a capacity of not less than 10 and not greater
10 than 2,500 kilovolt-amperes, twice the amount equal
11 to the difference in Watts between the core loss
12 value (as measured in accordance with paragraphs
13 (2) and (4) of subsection (c)) of—
14 (A) the qualified energy inefficient trans-
15 former; and
16 (B) the qualified energy efficient trans-
17 former; or
18 (2) for a transformer described in subsection
19 (a)(2)(B)(i), the amount determined using a table of
20 default rebate values by rated transformer output,
21 as measured in kilovolt-amperes, as determined by
22 the Secretary of Energy in consultation with applica-
23 ble industry.
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24 (e) AUTHORIZATION OF APPROPRIATIONS.—There is
25 authorized to be appropriated to carry out this section
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1 $5,000,000 for each of fiscal years 2021 and 2022, to re-
2 main available until expended.
3 (f) TERMINATION OF EFFECTIVENESS.—The author-
4 ity provided by this section terminates on December 31,
5 2022.
6 Subtitle C—Federal Agency Energy
7 Efficiency
8 SEC. 1301. ENERGY-EFFICIENT AND ENERGY-SAVING IN-
9 FORMATION TECHNOLOGIES.
10 (a) IN GENERAL.—Subtitle C of title V of the Energy
11 Independence and Security Act of 2007 (Public Law 110–
12 140; 121 Stat. 1661) is amended by adding at the end
13 the following:
14 ‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR-
15 MATION TECHNOLOGIES.
16 ‘‘(a) DEFINITIONS.—In this section:
17 ‘‘(1) DIRECTOR.—The term ‘Director’ means
18 the Director of the Office of Management and Budg-
19 et.
20 ‘‘(2) INFORMATION TECHNOLOGY.—The term
21 ‘information technology’ has the meaning given that
22 term in section 11101 of title 40, United States
23 Code.
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24 ‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT-
25 EGY.—Not later than 1 year after the date of enactment
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1 of this section, each Federal agency shall coordinate with
2 the Director, the Secretary, and the Administrator of the
3 Environmental Protection Agency to develop an implemen-
4 tation strategy (that includes best practices and measure-
5 ment and verification techniques) for the maintenance,
6 purchase, and use by the Federal agency of energy-effi-
7 cient and energy-saving information technologies at or for
8 federally owned and operated facilities, taking into consid-
9 eration the performance goals established under sub-
10 section (d).
11 ‘‘(c) ADMINISTRATION.—In developing an implemen-
12 tation strategy under subsection (b), each Federal agency
13 shall consider—
14 ‘‘(1) advanced metering infrastructure;
15 ‘‘(2) energy-efficient data center strategies and
16 methods of increasing asset and infrastructure utili-
17 zation;
18 ‘‘(3) advanced power management tools;
19 ‘‘(4) building information modeling, including
20 building energy management;
21 ‘‘(5) secure telework and travel substitution
22 tools; and
23 ‘‘(6) mechanisms to ensure that the agency re-
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24 alizes the energy cost savings brought about through
25 increased efficiency and utilization.
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1 ‘‘(d) PERFORMANCE GOALS.—
2 ‘‘(1) IN GENERAL.—Not later than 180 days
3 after the date of enactment of this section, the Di-
4 rector, in consultation with the Secretary, shall es-
5 tablish performance goals for evaluating the efforts
6 of Federal agencies in improving the maintenance,
7 purchase, and use of energy-efficient and energy-sav-
8 ing information technology at or for federally owned
9 and operated facilities.
10 ‘‘(2) BEST PRACTICES.—The Chief Information
11 Officers Council established under section 3603 of
12 title 44, United States Code, shall recommend best
13 practices for the attainment of the performance
14 goals, which shall include Federal agency consider-
15 ation of, to the extent applicable by law, the use
16 of—
17 ‘‘(A) energy savings performance con-
18 tracting; and
19 ‘‘(B) utility energy services contracting.
20 ‘‘(e) REPORTS.—
21 ‘‘(1) AGENCY REPORTS.—Each Federal agency
22 shall include in the report of the agency under sec-
23 tion 527 a description of the efforts and results of
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24 the agency under this section.
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1 ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS
2 AND SCORECARDS.—Effective beginning not later
3 than October 1, 2021, the Director shall include in
4 the annual report and scorecard of the Director re-
5 quired under section 528 a description of the efforts
6 and results of Federal agencies under this section.’’.
7 (b) CONFORMING AMENDMENT.—The table of con-
8 tents for the Energy Independence and Security Act of
9 2007 is amended by adding after the item relating to sec-
10 tion 529 the following:
‘‘Sec. 530. Energy-efficient and energy-saving information technologies.’’.
11 SEC. 1302. ENERGY EFFICIENT DATA CENTERS.
12 Section 453 of the Energy Independence and Security
13 Act of 2007 (42 U.S.C. 17112) is amended—
14 (1) in subsection (b)—
15 (A) in paragraph (2)(D)(iv), by striking
16 ‘‘determined by the organization’’ and inserting
17 ‘‘proposed by the stakeholders’’; and
18 (B) by striking paragraph (3); and
19 (2) by striking subsections (c) through (g) and
20 inserting the following:
21 ‘‘(c) STAKEHOLDER INVOLVEMENT.—The Secretary
22 and the Administrator shall carry out subsection (b) in
23 collaboration with information technology industry and
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24 other key stakeholders, with the goal of producing results
25 that accurately reflect the most relevant and useful infor-
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1 mation. In such collaboration, the Secretary and the Ad-
2 ministrator shall pay particular attention to organizations
3 that—
4 ‘‘(1) have members with expertise in energy ef-
5 ficiency and in the development, operation, and
6 functionality of data centers, information technology
7 equipment, and software, such as representatives of
8 hardware manufacturers, data center operators, and
9 facility managers;
10 ‘‘(2) obtain and address input from Department
11 of Energy National Laboratories or any college, uni-
12 versity, research institution, industry association,
13 company, or public interest group with applicable ex-
14 pertise;
15 ‘‘(3) follow—
16 ‘‘(A) commonly accepted procedures for
17 the development of specifications; and
18 ‘‘(B) accredited standards development
19 processes; and
20 ‘‘(4) have a mission to promote energy effi-
21 ciency for data centers and information technology.
22 ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—The
23 Secretary and the Administrator shall consider and assess
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24 the adequacy of the specifications, measurements, best
25 practices, and benchmarks described in subsection (b) for
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1 use by the Federal Energy Management Program, the En-
2 ergy Star Program, and other efficiency programs of the
3 Department of Energy or the Environmental Protection
4 Agency.
5 ‘‘(e) STUDY.—The Secretary, in collaboration with
6 the Administrator, shall, not later than 4 years after the
7 date of enactment of the Clean Economy Jobs and Innova-
8 tion Act, make available to the public an update to the
9 report of the Lawrence Berkeley National Laboratory en-
10 titled ‘United States Data Center Energy Usage Report’
11 and dated June, 2016 (prepared as an update to the Re-
12 port to Congress on Server and Data Center Energy Effi-
13 ciency, published on August 2, 2007, under section 1 of
14 Public Law 109–431 (120 Stat. 2920)), that includes—
15 ‘‘(1) a comparison and gap analysis of the esti-
16 mates and projections contained in the report with
17 new data regarding the period from 2015 through
18 2020;
19 ‘‘(2) an analysis considering the impact of in-
20 formation technologies, including virtualization and
21 cloud computing, in the public and private sectors;
22 ‘‘(3) an evaluation of the impact of the com-
23 bination of cloud platforms, mobile devices, social
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24 media, and big data on data center energy usage;
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1 ‘‘(4) an evaluation of water usage in data cen-
2 ters and recommendations for reductions in such
3 water usage; and
4 ‘‘(5) updated projections and recommendations
5 for best practices through fiscal year 2025.
6 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO-
7 GRAM.—The Secretary, in collaboration with key stake-
8 holders and the Director of the Office of Management and
9 Budget, shall maintain a data center energy practitioner
10 program that leads to the certification of energy practi-
11 tioners qualified to evaluate the energy usage and effi-
12 ciency opportunities in federally owned and operated data
13 centers. Each Federal agency shall consider having the
14 data centers of the agency evaluated every 4 years, in ac-
15 cordance with section 543(f) of the National Energy Con-
16 servation Policy Act, by energy practitioners certified pur-
17 suant to such program.
18 ‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col-
19 laboration with key stakeholders and the Office of Man-
20 agement and Budget, shall establish an open data initia-
21 tive relating to energy usage at federally owned and oper-
22 ated data centers, with the purpose of making such data
23 available and accessible in a manner that encourages fur-
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24 ther data center innovation, optimization, and consolida-
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1 tion. In establishing the initiative, the Secretary shall con-
2 sider the use of the online Data Center Maturity Model.
3 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND
4 METRICS.—The Secretary, in collaboration with key
5 stakeholders, shall actively participate in efforts to har-
6 monize global specifications and metrics for data center
7 energy and water efficiency.
8 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec-
9 retary, in collaboration with key stakeholders, shall facili-
10 tate in the development of an efficiency metric that meas-
11 ures the energy efficiency of a data center (including
12 equipment and facilities).
13 ‘‘(j) PROTECTION OF PROPRIETARY INFORMATION.—
14 The Secretary and the Administrator shall not disclose
15 any proprietary information or trade secrets provided by
16 any individual or company for the purposes of carrying
17 out this section or the programs and initiatives established
18 under this section.’’.
19 Subtitle D—Regulatory Provisions
20 PART 1—FEDERAL GREEN BUILDINGS
21 SEC. 1401. HIGH-PERFORMANCE GREEN FEDERAL BUILD-
22 INGS.
23 Section 436(h) of the Energy Independence and Se-
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24 curity Act of 2007 (42 U.S.C. 17092(h)) is amended—
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1 (1) in the subsection heading, by striking ‘‘SYS-
2 TEM’’ and inserting ‘‘SYSTEMS’’;
3 (2) by striking paragraph (1) and inserting the
4 following:
5 ‘‘(1) IN GENERAL.—Based on an ongoing re-
6 view, the Federal Director shall identify and shall
7 provide to the Secretary pursuant to section
8 305(a)(3)(D) of the Energy Conservation and Pro-
9 duction Act (42 U.S.C. 6834(a)(3)(D)) a list of
10 those certification systems that the Director identi-
11 fies as the most likely to encourage a comprehensive
12 and environmentally sound approach to certification
13 of green buildings.’’; and
14 (3) in paragraph (2)—
15 (A) in the matter preceding subparagraph
16 (A), by striking ‘‘system’’ and inserting ‘‘sys-
17 tems’’;
18 (B) by striking subparagraph (A) and in-
19 serting the following:
20 ‘‘(A) an ongoing review provided to the
21 Secretary pursuant to section 305(a)(3)(D) of
22 the Energy Conservation and Production Act
23 (42 U.S.C. 6834(a)(3)(D)), which shall—
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1 ‘‘(i) be carried out by the Federal Di-
2 rector to compare and evaluate standards;
3 and
4 ‘‘(ii) allow any developer or adminis-
5 trator of a rating system or certification
6 system to be included in the review;’’;
7 (C) in subparagraph (E)(v), by striking
8 ‘‘and’’ after the semicolon at the end;
9 (D) in subparagraph (F), by striking the
10 period at the end and inserting a semicolon;
11 and
12 (E) by adding at the end the following:
13 ‘‘(G) a finding that, for all credits address-
14 ing the sourcing of grown, harvested, or mined
15 materials, the system rewards the use of prod-
16 ucts that have obtained certifications of respon-
17 sible sourcing, such as certifications provided by
18 the Sustainable Forestry Initiative, the Forest
19 Stewardship Council, the American Tree Farm
20 System, or the Programme for the Endorse-
21 ment of Forest Certification; and
22 ‘‘(H) a finding that the system incor-
23 porates life-cycle assessment as a credit path-
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24 way.’’.
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1 PART 2—ENERGY AND WATER PERFORMANCE
2 REQUIREMENTS FOR FEDERAL BUILDINGS
3 SEC. 1411. FEDERAL ENERGY MANAGEMENT PROGRAM.
4 (a) FINDINGS.—Congress finds the following:
5 (1) The Federal Government is the largest en-
6 ergy user in the United States.
7 (2) Reducing energy and water use in Federal
8 facilities—
9 (A) saves taxpayer dollars;
10 (B) reduces greenhouse gas emissions from
11 the Federal sector; and
12 (C) increases employee comfort and pro-
13 ductivity.
14 (3) It is important for the Federal Government
15 to—
16 (A) develop goals for energy and water use
17 reduction in Federal facilities; and
18 (B) to the maximum extent practicable,
19 take measures that are life cycle cost effective.
20 (b) SENSE OF CONGRESS.—It is the sense of Con-
21 gress that Federal agencies should—
22 (1) for each of fiscal years 2020 through 2030,
23 reduce average building energy intensity (as meas-
24
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ured in British thermal units per gross square foot)
25 at facilities of the agency by 2.5 percent each fiscal
26 year, relative to the average building energy inten-
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1 sity of the facilities of the agency in fiscal year
2 2018; and
3 (2) for each of fiscal years 2020 through 2030,
4 improve water use efficiency and management, in-
5 cluding stormwater management, at facilities of the
6 agency by reducing agency water consumption inten-
7 sity—
8 (A) by reducing the potable water con-
9 sumption by 54 percent by fiscal year 2030, rel-
10 ative to the potable water consumption of the
11 agency in fiscal year 2007, through reductions
12 of 2 percent each fiscal year (as measured in
13 gallons per gross square foot);
14 (B) by reducing the industrial, land-
15 scaping, and agricultural water consumption of
16 the agency, as compared to a baseline of that
17 consumption by the agency in fiscal year 2010,
18 through reductions of 2 percent each fiscal year
19 (as measured in gallons); and
20 (C) by installing appropriate infrastructure
21 features on federally owned property to improve
22 stormwater and wastewater management.
23 (c) ENERGY MANAGEMENT REQUIREMENTS.—Sec-
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24 tion 543 of the National Energy Conservation Policy Act
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1 (42 U.S.C. 8253) is amended by adding at the end the
2 following:
3 ‘‘(h) FEDERAL ENERGY MANAGEMENT PROGRAM.—
4 ‘‘(1) IN GENERAL.—The Secretary shall carry
5 out a program, to be known as the ‘Federal Energy
6 Management Program’ (referred to in this sub-
7 section as the ‘Program’), to facilitate the implemen-
8 tation by the Federal Government of cost-effective
9 energy and water management and energy-related
10 investment practices—
11 ‘‘(A) to coordinate and strengthen Federal
12 energy and water resilience; and
13 ‘‘(B) to promote environmental steward-
14 ship.
15 ‘‘(2) FEDERAL DIRECTOR.—The Secretary shall
16 appoint an individual to serve as the director of the
17 Program (referred to in this subsection as the ‘Fed-
18 eral Director’), which shall be a career position in
19 the Senior Executive service, to administer the Pro-
20 gram.
21 ‘‘(3) PROGRAM ACTIVITIES.—
22 ‘‘(A) STRATEGIC PLANNING AND TECH-
23 NICAL ASSISTANCE.—In administering the Pro-
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24 gram, the Federal Director shall—
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1 ‘‘(i) provide technical assistance and
2 project implementation support and guid-
3 ance to agencies to identify, implement,
4 procure, and track energy and water con-
5 servation measures required under this Act
6 and under other provisions of law;
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 agencies to select, monitor, and terminate
12 contracts entered into pursuant to a utility
13 incentive program under section 546(c)
14 with utilities;
15 ‘‘(iii) carry out the responsibilities of
16 the Secretary under section 801, as deter-
17 mined appropriate by the Secretary;
18 ‘‘(iv) establish and maintain internet-
19 based information resources and project
20 tracking systems and tools for energy and
21 water management;
22 ‘‘(v) coordinate comprehensive and
23 strategic approaches to energy and water
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24 resilience planning for agencies; and
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1 ‘‘(vi) establish a recognition program
2 for Federal achievement in energy and
3 water management, energy-related invest-
4 ment practices, environmental stewardship,
5 and other relevant areas, through events
6 such as individual recognition award cere-
7 monies and public announcements.
8 ‘‘(B) ENERGY AND WATER MANAGEMENT
9 AND REPORTING.—In administering the Pro-
10 gram, the Federal Director shall—
11 ‘‘(i) track and report on the progress
12 of agencies in meeting the requirements of
13 the agency under this section;
14 ‘‘(ii) make publicly available agency
15 performance data required under—
16 ‘‘(I) this section and sections
17 544, 546, 547, and 548; and
18 ‘‘(II) section 203 of the Energy
19 Policy Act of 2005 (42 U.S.C.
20 15852);
21 ‘‘(iii)(I) collect energy and water use
22 and consumption data from each agency;
23 and
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24 ‘‘(II) based on that data, submit to
25 each agency a report that will facilitate the
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1 energy and water management, energy-re-
2 lated investment practices, and environ-
3 mental stewardship of the agency in sup-
4 port of Federal goals under this Act and
5 under other provisions of law;
6 ‘‘(iv) carry out the responsibilities of
7 the Secretary under section 305 of the En-
8 ergy Conservation and Production Act (42
9 U.S.C. 6834);
10 ‘‘(v) in consultation with the Adminis-
11 trator of the General Services Administra-
12 tion, acting through the head of the Office
13 of High-Performance Green Buildings, es-
14 tablish and implement sustainable design
15 principles for Federal facilities; and
16 ‘‘(vi) designate products that meet the
17 highest energy conservation standards for
18 categories not covered under the Energy
19 Star program established under section
20 324A of the Energy Policy and Conserva-
21 tion Act (42 U.S.C. 6294a).
22 ‘‘(C) FEDERAL INTERAGENCY COORDINA-
23 TION.—In administering the Program, the Fed-
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24 eral Director shall—
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1 ‘‘(i) develop and implement accredited
2 training consistent with existing Federal
3 programs and activities—
4 ‘‘(I) relating to energy and water
5 use, management, and resilience in
6 Federal facilities, energy-related in-
7 vestment practices, and environmental
8 stewardship; and
9 ‘‘(II) that includes in-person
10 training, internet-based programs,
11 and national in-person training
12 events;
13 ‘‘(ii) carry out the functions of the
14 Secretary with respect to the Interagency
15 Energy Management Task Force under
16 section 547; and
17 ‘‘(iii) report on the implementation of
18 the priorities of the President, including
19 Executive orders, relating to energy and
20 water use in Federal facilities, in coordina-
21 tion with—
22 ‘‘(I) the Office of Management
23 and Budget;
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24 ‘‘(II) the Council on Environ-
25 mental Quality; and
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1 ‘‘(III) any other entity, as consid-
2 ered necessary by the Federal Direc-
3 tor.
4 ‘‘(D) FACILITY AND FLEET OPTIMIZA-
5 TION.—In administering the Program, the Fed-
6 eral Director shall develop guidance, supply as-
7 sistance to, and track the progress of agen-
8 cies—
9 ‘‘(i) in conducting portfolio-wide facil-
10 ity energy and water resilience planning
11 and project integration;
12 ‘‘(ii) in building new construction and
13 major renovations to meet the sustainable
14 design and energy and water performance
15 standards required under this section;
16 ‘‘(iii) in developing guidelines for—
17 ‘‘(I) facility commissioning; and
18 ‘‘(II) facility operations and
19 maintenance; and
20 ‘‘(iv) in coordination with the Admin-
21 istrator of the General Services Adminis-
22 tration, in meeting statutory and agency
23 goals for Federal fleet vehicles.
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1 ‘‘(4) MANAGEMENT COUNCIL.—The Federal Di-
2 rector shall establish a management council to ad-
3 vise the Federal Director that shall—
4 ‘‘(A) convene not less frequently than once
5 every quarter; and
6 ‘‘(B) consist of representatives from—
7 ‘‘(i) the Council on Environmental
8 Quality;
9 ‘‘(ii) the Office of Management and
10 Budget; and
11 ‘‘(iii) the Office of Federal High-Per-
12 formance Green Buildings in the General
13 Services Administration.
14 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
15 There is authorized to be appropriated to the Sec-
16 retary to carry out this subsection $36,000,000 for
17 each of fiscal years 2021 through 2025.’’.
18 SEC. 1412. FEDERAL BUILDING ENERGY EFFICIENCY PER-
19 FORMANCE STANDARDS; CERTIFICATION
20 SYSTEM AND LEVEL FOR GREEN BUILDINGS.
21 (a) DEFINITIONS.—Section 303 of the Energy Con-
22 servation and Production Act (42 U.S.C. 6832) is further
23 amended by adding at the end the following:
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24 ‘‘(19) MAJOR RENOVATION.—The term ‘major
25 renovation’ means a modification of the energy sys-
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1 tems of a building that is sufficiently extensive to
2 ensure that the entire building can achieve compli-
3 ance with applicable energy standards for new build-
4 ings, as established by the Secretary.’’.
5 (b) FEDERAL BUILDING EFFICIENCY STANDARDS.—
6 Section 305 of the Energy Conservation and Production
7 Act (42 U.S.C. 6834) is amended—
8 (1) in subsection (a)(3)—
9 (A) by striking ‘‘(3)(A) Not later than’’
10 and all that follows through subparagraph (B)
11 and inserting the following:
12 ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF-
13 FICIENCY PERFORMANCE STANDARDS; CERTIFI-
14 CATION FOR GREEN BUILDINGS.—
15 ‘‘(A) REVISED FEDERAL BUILDING EN-
16 ERGY EFFICIENCY PERFORMANCE STAND-
17 ARDS.—
18 ‘‘(i) IN GENERAL.—Not later than 1
19 year after the date of enactment of the
20 Clean Economy Jobs and Innovation Act,
21 the Secretary shall establish, by regulation,
22 revised Federal building energy efficiency
23 performance standards that require that—
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1 ‘‘(I) subject to clause (ii), new
2 Federal buildings and Federal build-
3 ings with major renovations—
4 ‘‘(aa) meet or exceed the
5 most recently published version
6 of the International Energy Con-
7 servation Code (in the case of
8 residential buildings) or
9 ASHRAE Standard 90.1 (in the
10 case of commercial buildings) as
11 of the date of enactment of the
12 Clean Economy Jobs and Innova-
13 tion Act; and
14 ‘‘(bb) meet or exceed the en-
15 ergy provisions of the State and
16 local building codes applicable to
17 the building if the codes are more
18 stringent than the most recently
19 published version of the Inter-
20 national Energy Conservation
21 Code or ASHRAE Standard 90.1
22 as of the date of enactment of
23 the Clean Economy Jobs and In-
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24 novation Act, as applicable;
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1 ‘‘(II) unless demonstrated not to
2 be life cycle cost-effective for new
3 Federal buildings and Federal build-
4 ings with major renovations—
5 ‘‘(aa) the buildings shall be
6 designed to achieve energy con-
7 sumption levels that are not less
8 than 30 percent below the levels
9 established in the most recently
10 published version of the Inter-
11 national Energy Conservation
12 Code or the ASHRAE Standard,
13 as of the date of enactment of
14 the Clean Economy Jobs and In-
15 novation Act, as appropriate; and
16 ‘‘(bb) sustainable design
17 principles are applied to the loca-
18 tion, siting, design, and construc-
19 tion of all new Federal buildings
20 and replacement Federal build-
21 ings;
22 ‘‘(III) if water is used to achieve
23 energy efficiency, water conservation
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24 technologies shall be applied to the ex-
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1 tent that the technologies are life-
2 cycle cost effective; and
3 ‘‘(IV) if life-cycle cost effective,
4 as compared to other reasonably avail-
5 able technologies, not less than 30
6 percent of the hot water demand for
7 each new Federal building or Federal
8 building undergoing a major renova-
9 tion be met through the installation
10 and use of solar hot water heaters.
11 ‘‘(ii) EXCEPTION.—Clause (i)(I) shall
12 not apply to the unaltered portions of Fed-
13 eral buildings and systems that have un-
14 dergone major renovations.
15 ‘‘(B) UPDATES.—Not later than 1 year
16 after the date of approval of each subsequent
17 revision of the ASHRAE Standard or the Inter-
18 national Energy Conservation Code, as appro-
19 priate, the Secretary shall determine whether
20 the revised standards established under sub-
21 clauses (I) and (II) of subparagraph (A)(i)
22 should be updated to reflect the revisions, based
23 on the energy savings and life cycle cost-effec-
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24 tiveness of the revisions.’’;
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1 (B) in subparagraph (C), by striking ‘‘(C)
2 In the budget request’’ and inserting the fol-
3 lowing:
4 ‘‘(C) BUDGET REQUEST.—In the budget
5 request’’; and
6 (C) in subparagraph (D)—
7 (i) by striking subclause (III) of
8 clause (i);
9 (ii) by striking ‘‘(D) Not later than’’
10 and inserting the following:
11 ‘‘(D) STANDARDS; CERTIFICATION FOR
12 GREEN BUILDINGS.—
13 ‘‘(i) STANDARDS.—Not later than’’;
14 (iii) by striking ‘‘standards that re-
15 quire that:’’ and all that follows through
16 ‘‘For new Federal buildings’’ and inserting
17 ‘‘standards that require that, for new
18 buildings’’; and
19 (iv) by striking clauses (ii) through
20 (vii) and inserting the following:
21 ‘‘(ii) SUSTAINABLE DESIGN PRIN-
22 CIPLES.—Sustainable design principles
23 shall be applied to the siting, design, and
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24 construction of buildings covered by this
25 subparagraph.
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1 ‘‘(iii) SELECTION OF CERTIFICATION
2 SYSTEMS.—The Secretary, after reviewing
3 the findings of the Federal Director under
4 section 436(h) of the Energy Independence
5 and Security Act of 2007 (42 U.S.C.
6 17092(h)), in consultation with the Admin-
7 istrator of General Services, and in con-
8 sultation with the Secretary of Defense re-
9 lating to those facilities under the custody
10 and control of the Department of Defense,
11 shall determine those certification systems
12 for green commercial and residential build-
13 ings that the Secretary determines to be
14 the most likely to encourage a comprehen-
15 sive and environmentally sound approach
16 to certification of green buildings.
17 ‘‘(iv) BASIS FOR SELECTION.—The
18 determination of the certification systems
19 under clause (iii) shall be based on ongoing
20 review of the findings of the Federal Direc-
21 tor under section 436(h) of the Energy
22 Independence and Security Act of 2007
23 (42 U.S.C. 17092(h)) and the criteria de-
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24 scribed in clause (vi).
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1 ‘‘(v) ADMINISTRATION.—In deter-
2 mining certification systems under this
3 subparagraph, the Secretary shall—
4 ‘‘(I) make a separate determina-
5 tion for all or part of each system;
6 and
7 ‘‘(II) confirm that the criteria
8 used to support the selection of build-
9 ing products, materials, brands, and
10 technologies—
11 ‘‘(aa) are based on relevant
12 technical data;
13 ‘‘(bb) use and reward eval-
14 uation of health, safety, and envi-
15 ronmental risks and impacts
16 across the lifecycle of the build-
17 ing product, material, brand, or
18 technology, including methodolo-
19 gies generally accepted by the ap-
20 plicable scientific disciplines;
21 ‘‘(cc) as practicable, give
22 preference to performance stand-
23 ards instead of prescriptive meas-
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24 ures; and
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1 ‘‘(dd) reward continual im-
2 provements in the lifecycle man-
3 agement of health, safety, and
4 environmental risks and impacts.
5 ‘‘(vi) CONSIDERATIONS.—In deter-
6 mining the green building certification sys-
7 tems under this subparagraph, the Sec-
8 retary shall take into consideration—
9 ‘‘(I) the ability and availability of
10 assessors and auditors to independ-
11 ently verify the criteria and measure-
12 ment of metrics at the scale necessary
13 to implement this subparagraph;
14 ‘‘(II) the ability of the applicable
15 certification organization to collect
16 and reflect public comment;
17 ‘‘(III) the ability of the standard
18 to be developed and revised through a
19 consensus-based process;
20 ‘‘(IV) an evaluation of the
21 robustness of the criteria for a high-
22 performance green building, which
23 shall give credit for promoting—
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1 ‘‘(aa) efficient and sustain-
2 able use of water, energy, and
3 other natural resources;
4 ‘‘(bb) use of renewable en-
5 ergy sources;
6 ‘‘(cc) improved indoor envi-
7 ronmental quality through en-
8 hanced indoor air quality, ther-
9 mal comfort, acoustics, day light-
10 ing, pollutant source control, and
11 use of low-emission materials and
12 building system controls;
13 ‘‘(dd) the responsible
14 sourcing of grown, harvested, or
15 mined materials, including
16 through certifications of respon-
17 sible sourcing, such as certifi-
18 cations provided by the Forest
19 Stewardship Council, the Sus-
20 tainable Forestry Initiative, the
21 American Tree Farm System, or
22 the Programme for the Endorse-
23 ment of Forest Certification; and
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1 ‘‘(ee) such other criteria as
2 the Secretary determines to be
3 appropriate; and
4 ‘‘(V) national recognition within
5 the building industry.
6 ‘‘(vii) REVIEW.—The Secretary, in
7 consultation with the Administrator of
8 General Services and the Secretary of De-
9 fense, shall conduct an ongoing review to
10 evaluate and compare private sector green
11 building certification systems, taking into
12 account—
13 ‘‘(I) the criteria described in
14 clause (vi); and
15 ‘‘(II) the identification made by
16 the Federal Director under section
17 436(h) of the Energy Independence
18 and Security Act of 2007 (42 U.S.C.
19 17092(h)).
20 ‘‘(viii) EXCLUSIONS.—
21 ‘‘(I) IN GENERAL.—Subject to
22 subclause (II), if a certification sys-
23 tem fails to meet the review require-
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24 ments of clause (vi), the Secretary
25 shall—
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1 ‘‘(aa) identify the portions
2 of the system, whether pre-
3 requisites, credits, points, or oth-
4 erwise, that meet the review cri-
5 teria of clause (vi);
6 ‘‘(bb) determine the portions
7 of the system that are suitable
8 for use; and
9 ‘‘(cc) exclude all other por-
10 tions of the system from identi-
11 fication and use.
12 ‘‘(II) ENTIRE SYSTEMS.—The
13 Secretary shall exclude an entire sys-
14 tem from use if an exclusion under
15 subclause (I)—
16 ‘‘(aa) impedes the integrated
17 use of the system;
18 ‘‘(bb) creates disparate re-
19 view criteria or unequal point ac-
20 cess for competing materials; or
21 ‘‘(cc) increases agency costs
22 of the use.
23 ‘‘(ix) INTERNAL CERTIFICATION PROC-
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24 ESSES.—The Secretary may by rule allow
25 Federal agencies to develop internal certifi-
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1 cation processes, using certified profes-
2 sionals, in lieu of certification by certifi-
3 cation entities identified under clause (iii).
4 ‘‘(x) PRIVATIZED MILITARY HOUS-
5 ING.—With respect to privatized military
6 housing, the Secretary of Defense, after
7 consultation with the Secretary may,
8 through rulemaking, develop alternative
9 certification systems and levels than the
10 systems and levels identified under clause
11 (iii) that achieve an equivalent result in
12 terms of energy savings, sustainable de-
13 sign, and green building performance.
14 ‘‘(xi) WATER CONSERVATION TECH-
15 NOLOGIES.—In addition to any use of
16 water conservation technologies otherwise
17 required by this section, water conservation
18 technologies shall be applied to the extent
19 that the technologies are life-cycle cost-ef-
20 fective.
21 ‘‘(xii) EFFECTIVE DATE.—
22 ‘‘(I) DETERMINATIONS MADE
23 AFTER DECEMBER 31, 2020.—The
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24 amendments made by section
25 1422(b)(1)(C) of the Clean Economy
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1 Jobs and Innovation Act shall apply
2 to any determination made by a Fed-
3 eral agency after December 31, 2020.
4 ‘‘(II) DETERMINATIONS MADE ON
5 OR BEFORE DECEMBER 31, 2020.—
6 This subparagraph (as in effect on the
7 day before the date of enactment of
8 the Clean Economy Jobs and Innova-
9 tion Act) shall apply to any use of a
10 certification system for green commer-
11 cial and residential buildings by a
12 Federal agency on or before December
13 31, 2020.’’; and
14 (2) by striking subsections (c) and (d) and in-
15 serting the following:
16 ‘‘(c) PERIODIC REVIEW.—The Secretary shall—
17 ‘‘(1) once every 5 years, review the Federal
18 building energy standards established under this sec-
19 tion; and
20 ‘‘(2) on completion of a review under paragraph
21 (1), if the Secretary determines that significant en-
22 ergy savings would result, upgrade the standards to
23 include all new energy efficiency and renewable en-
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24 ergy measures that are technologically feasible and
25 economically justified.’’.
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1 (c) FEDERAL COMPLIANCE.—Section 306 of the En-
2 ergy Conservation and Production Act (42 U.S.C. 6835)
3 is amended—
4 (1) in subsection (a)—
5 (A) in paragraph (1)—
6 (i) by striking ‘‘(1) The head’’ and in-
7 serting the following:
8 ‘‘(1) IN GENERAL.—The head’’; and
9 (ii) by striking ‘‘assure that new Fed-
10 eral buildings’’ and inserting ‘‘ensure that
11 new Federal buildings and Federal build-
12 ings with major renovations’’; and
13 (B) in paragraph (2)—
14 (i) by striking the second sentence
15 and inserting the following:
16 ‘‘(B) PROCEDURES.—The Architect of the
17 Capitol shall adopt procedures necessary to en-
18 sure that the buildings referred to in subpara-
19 graph (A) meet or exceed the standards de-
20 scribed in that subparagraph.’’; and
21 (ii) in the first sentence—
22 (I) by inserting ‘‘and Federal
23 buildings with major renovations’’
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24 after ‘‘new buildings’’; and
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1 (II) by striking ‘‘(2) The Fed-
2 eral’’ and inserting the following:
3 ‘‘(2) APPLICABILITY.—
4 ‘‘(A) IN GENERAL.—The Federal’’; and
5 (2) in subsection (b)—
6 (A) by striking the subsection heading and
7 inserting ‘‘EXPENDITURES’’; and
8 (B) by inserting ‘‘or a Federal building
9 with major renovations’’ after ‘‘new Federal
10 building’’.
11 SEC. 1413. USE OF ENERGY AND WATER EFFICIENCY MEAS-
12 URES IN FEDERAL BUILDINGS.
13 (a) FINDINGS.—Congress finds the following:
14 (1) Performance contracting is a private financ-
15 ing tool with guaranteed energy savings and has
16 been used by the Federal Government for nearly 30
17 years.
18 (2) Energy savings performance contracts and
19 utility energy service contacts allow the Government
20 to invest in infrastructure using private sector fi-
21 nancing and expertise, with a guarantee of results.
22 (3) Use of performance contracting has saved
23 the Government and taxpayers more than
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24 $18,000,000,000.
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1 (4) By law, performance contracts are guaran-
2 teed to provide savings to Federal agencies.
3 (5) On average, performance contracts achieve
4 savings in excess of the contractual and statutory
5 guarantee.
6 (6) In a fiscally constrained environment, per-
7 formance contracting helps to address the Federal
8 Government’s backlog of maintenance and supple-
9 ment scarce operations and maintenance dollars.
10 (7) The House of Representatives, the Senate,
11 and the Office of Management and Budget have all
12 acted to recognize the value of performance con-
13 tracts by providing distinct budgetary consideration
14 of them; in the 115th Congress, the House of Rep-
15 resentatives included section 5109 in H. Con. Res.
16 71 to enable the greater use of performance con-
17 tracting and to recognize their full cost savings ben-
18 efits.
19 (8) Federal agencies are not taking full advan-
20 tage of the cost-effective energy efficiency measures
21 that are available and documented.
22 (9) Using performance contracts to carry out
23 such energy efficiency measures would benefit tax-
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24 payers, the economy, and the environment.
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1 (b) REPORTS.—Section 548(b) of the National En-
2 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is
3 amended—
4 (1) in paragraph (3), by striking ‘‘and’’ at the
5 end;
6 (2) in paragraph (4), by striking the period at
7 the end and inserting ‘‘; and’’; and
8 (3) by adding at the end the following:
9 ‘‘(5)(A) the status of the energy savings per-
10 formance contracts and utility energy service con-
11 tracts of each agency, to the extent that the infor-
12 mation is not duplicative of information provided to
13 the Secretary under a separate authority;
14 ‘‘(B) the quantity and investment value of the
15 contracts for the previous year;
16 ‘‘(C) the guaranteed energy savings, or for con-
17 tracts without a guarantee, the estimated energy
18 savings, for the previous year, as compared to the
19 measured energy savings for the previous year;
20 ‘‘(D) a forecast of the estimated quantity and
21 investment value of contracts anticipated in the fol-
22 lowing year for each agency; and
23 ‘‘(E)(i) a comparison of the information de-
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24 scribed in subparagraph (B) and the forecast de-
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1 scribed in subparagraph (D) in the report of the
2 previous year; and
3 ‘‘(ii) if applicable, the reasons for any dif-
4 ferences in the data compared under clause (i).’’.
5 Subtitle E—HOPE for HOMES
6 SEC. 1501. DEFINITIONS.
7 In this subtitle:
8 (1) CONTRACTOR CERTIFICATION.—The term
9 ‘‘contractor certification’’ means an industry recog-
10 nized certification that may be obtained by a resi-
11 dential contractor to advance the expertise and edu-
12 cation of the contractor in energy efficiency retrofits
13 of residential buildings, including—
14 (A) a certification provided by—
15 (i) the Building Performance Insti-
16 tute;
17 (ii) the Air Conditioning Contractors
18 of America;
19 (iii) the National Comfort Institute;
20 (iv) the North American Technician
21 Excellence;
22 (v) RESNET;
23 (vi) the United States Green Building
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24 Council; or
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1 (vii) Home Innovation Research Labs;
2 and
3 (B) any other certification the Secretary
4 determines appropriate for purposes of the
5 Home Energy Savings Retrofit Rebate Pro-
6 gram.
7 (2) CONTRACTOR COMPANY.—The term ‘‘con-
8 tractor company’’ means a company—
9 (A) the business of which is to provide
10 services to residential building owners with re-
11 spect to HVAC systems, insulation, air sealing,
12 or other services that are approved by the Sec-
13 retary;
14 (B) that holds the licenses and insurance
15 required by the State in which the company
16 provides services; and
17 (C) that provides services for which a par-
18 tial system rebate, measured performance re-
19 bate, or modeled performance rebate may be
20 provided pursuant to the Home Energy Savings
21 Retrofit Rebate Program.
22 (3) ENERGY AUDIT.—The term ‘‘energy audit’’
23 means an inspection, survey, and analysis of the en-
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24 ergy use of a building, including the building enve-
25 lope and HVAC system.
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1 (4) HOME.—The term ‘‘home’’ means a manu-
2 factured home (as such term is defined in section
3 603 of the National Manufactured Housing Con-
4 struction and Safety Standards Act of 1974 (42
5 U.S.C. 5402)), or a residential dwelling unit in a
6 building with no more than 4 dwelling units that—
7 (A) is located in the United States;
8 (B) was constructed before the date of en-
9 actment of this Act; and
10 (C) is occupied at least 6 months out of
11 the year.
12 (5) HOME ENERGY SAVINGS RETROFIT REBATE
13 PROGRAM.—The term ‘‘Home Energy Savings Ret-
14 rofit Rebate Program’’ means the Home Energy
15 Savings Retrofit Rebate Program established under
16 section 1521.
17 (6) HOMEOWNER.—The term ‘‘homeowner’’
18 means the owner of an owner-occupied home or a
19 tenant-occupied home.
20 (7) HOME VALUATION CERTIFICATION.—The
21 term ‘‘home valuation certification’’ means the fol-
22 lowing home assessments:
23 (A) Home Energy Score.
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24 (B) PEARL Certification.
25 (C) National Green Building Standard.
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1 (D) LEED.
2 (E) Any other assessment the Secretary
3 determines to be appropriate.
4 (8) HOPE QUALIFICATION.—The term ‘‘HOPE
5 Qualification’’ means the qualification described in
6 section 1513.
7 (9) HOPE TRAINING CREDIT.—The term
8 ‘‘HOPE training credit’’ means a HOPE training
9 task credit or a HOPE training supplemental credit.
10 (10) HOPE TRAINING TASK CREDIT.—The
11 term ‘‘HOPE training task credit’’ means a credit
12 described in section 1512(a).
13 (11) HOPE TRAINING SUPPLEMENTAL CRED-
14 IT.—The term ‘‘HOPE training supplemental cred-
15 it’’ means a credit described in section 1512(b).
16 (12) HVAC SYSTEM.—The term ‘‘HVAC sys-
17 tem’’ means a system—
18 (A) consisting of a heating component, a
19 ventilation component, and an air-conditioning
20 component; and
21 (B) which components may include central
22 air conditioning, a heat pump, a furnace, a boil-
23 er, a rooftop unit, and a window unit.
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24 (13) MEASURED PERFORMANCE REBATE.—The
25 term ‘‘measured performance rebate’’ means a re-
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1 bate provided in accordance with section 1523 and
2 described in subsection (e) of that section.
3 (14) MODELED PERFORMANCE REBATE.—The
4 term ‘‘modeled performance rebate’’ means a rebate
5 provided in accordance with section 1523 and de-
6 scribed in subsection (d) of that section.
7 (15) MODERATE INCOME.—The term ‘‘mod-
8 erate income’’ means, with respect to a household, a
9 household with an annual income that is less than
10 80 percent of the area median income, as deter-
11 mined annually by the Department of Housing and
12 Urban Development.
13 (16) MULTIFAMILY BUILDING.—The term
14 ‘‘multifamily building’’ means a structure with 5 or
15 more tenant-occupied residential dwelling units
16 that—
17 (A) is located in the United States;
18 (B) was constructed before the date of en-
19 actment of this Act; and
20 (C) is occupied at least 6 months out of
21 the year.
22 (17) MULTIFAMILY BUILDING OWNER.—The
23 term ‘‘multifamily building owner’’ means the owner
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24 of a tenant-occupied multifamily building.
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1 (18) PARTIAL SYSTEM REBATE.—The term
2 ‘‘partial system rebate’’ means a rebate provided in
3 accordance with section 1522.
4 (19) SECRETARY.—The term ‘‘Secretary’’
5 means the Secretary of Energy.
6 (20) STATE.—The term ‘‘State’’ includes—
7 (A) a State;
8 (B) the District of Columbia;
9 (C) the Commonwealth of Puerto Rico;
10 (D) Guam;
11 (E) American Samoa;
12 (F) the Commonwealth of the Northern
13 Mariana Islands;
14 (G) the United States Virgin Islands; and
15 (H) any other territory or possession of the
16 United States.
17 (21) STATE ENERGY OFFICE.—The term ‘‘State
18 energy office’’ means the office or agency of a State
19 responsible for developing the State energy conserva-
20 tion plan for the State under section 362 of the En-
21 ergy Policy and Conservation Act (42 U.S.C. 6322).
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1 PART 1—HOPE TRAINING
2 SEC. 1511. NOTICE FOR HOPE QUALIFICATION TRAINING
3 AND GRANTS.
4 Not later than 30 days after the date of enactment
5 of this Act, the Secretary, acting through the Director of
6 the Building Technologies Office of the Department of
7 Energy, shall issue a notice that includes—
8 (1) criteria established under section 1512 for
9 approval by the Secretary of courses for which cred-
10 its may be issued for purposes of a HOPE Qualifica-
11 tion;
12 (2) a list of courses that meet such criteria and
13 are so approved; and
14 (3) information on how individuals and entities
15 may apply for grants under this part.
16 SEC. 1512. COURSE CRITERIA.
17 (a) HOPE TRAINING TASK CREDIT.—
18 (1) CRITERIA.—The Secretary shall establish
19 criteria for approval of a course for which a credit,
20 to be known as a HOPE training task credit, may
21 be issued, including that such course—
22 (A) is equivalent to at least 30 hours in
23 total course time;
24
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(B) is accredited by the Interstate Renew-
25 able Energy Council or is determined to be
26 equivalent by the Secretary;
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1 (C) is, with respect to a particular job,
2 aligned with the relevant National Renewable
3 Energy Laboratory Job Task Analysis, or other
4 credentialing program foundation that helps
5 identify the necessary core knowledge areas,
6 critical work functions, or skills, as approved by
7 the Secretary;
8 (D) has established learning objectives;
9 and
10 (E) includes, as the Secretary determines
11 appropriate, an appropriate assessment of such
12 learning objectives that may include a final
13 exam, to be proctored on-site or through remote
14 proctoring, or an in-person field exam.
15 (2) INCLUDED COURSES.—The Secretary shall
16 approve one or more courses that meet the criteria
17 described in paragraph (1) for training related to—
18 (A) contractor certification;
19 (B) energy auditing or assessment, includ-
20 ing energy audits and assessments relevant to
21 multifamily buildings;
22 (C) home and multifamily building energy
23 systems (including HVAC systems);
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24 (D) insulation installation and air leakage
25 control;
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1 (E) health and safety regarding the instal-
2 lation of energy efficiency measures or health
3 and safety impacts associated with energy effi-
4 ciency retrofits; and
5 (F) indoor air quality.
6 (b) HOPE TRAINING SUPPLEMENTAL CREDIT CRI-
7 TERIA.—The Secretary shall establish criteria for approval
8 of a course for which a credit, to be known as a HOPE
9 training supplemental credit, may be issued, including
10 that such course provides—
11 (1) training related to—
12 (A) small business success, including man-
13 agement, home energy efficiency software, or
14 general accounting principles;
15 (B) the issuance of a home valuation cer-
16 tification;
17 (C) the use of wifi-enabled technology in
18 an energy efficiency upgrade; or
19 (D) understanding and being able to par-
20 ticipate in the Home Energy Savings Retrofit
21 Rebate Program; and
22 (2) as the Secretary determines appropriate, an
23 appropriate assessment of such training that may in-
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24 clude a final exam, to be proctored on-site or
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1 through remote proctoring, or an in-person field
2 exam.
3 (c) EXISTING APPROVED COURSES.—The Secretary
4 may approve a course that meets the applicable criteria
5 established under this section that is approved by the ap-
6 plicable State energy office or relevant State agency with
7 oversight authority for residential energy efficiency pro-
8 grams.
9 (d) IN-PERSON AND ONLINE TRAINING.—An online
10 course approved pursuant to this section may be con-
11 ducted in-person, but may not be offered exclusively in-
12 person.
13 SEC. 1513. HOPE QUALIFICATION.
14 (a) ISSUANCE OF CREDITS.—
15 (1) IN GENERAL.—The Secretary, or an entity
16 authorized by the Secretary pursuant to paragraph
17 (2), may issue—
18 (A) a HOPE training task credit to any
19 individual that completes a course that meets
20 applicable criteria under section 1512; and
21 (B) a HOPE training supplemental credit
22 to any individual that completes a course that
23 meets the applicable criteria under section
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24 1512.
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1 (2) OTHER ENTITIES.—The Secretary may au-
2 thorize a State energy office implementing an au-
3 thorized program under subsection (b)(2), an organi-
4 zation described in section 1514(b), and any other
5 entity the Secretary determines appropriate, to issue
6 HOPE training credits in accordance with para-
7 graph (1).
8 (b) HOPE QUALIFICATION.—
9 (1) IN GENERAL.—The Secretary may certify
10 that an individual has achieved a qualification, to be
11 known as a HOPE Qualification, that indicates that
12 the individual has received at least 3 HOPE training
13 credits, of which at least 2 shall be HOPE training
14 task credits.
15 (2) STATE PROGRAMS.—The Secretary may au-
16 thorize a State energy office to implement a pro-
17 gram to provide HOPE Qualifications in accordance
18 with this part.
19 SEC. 1514. GRANTS.
20 (a) IN GENERAL.—The Secretary shall, to the extent
21 amounts are made available in appropriations Acts for
22 such purposes, provide grants to support the training of
23 individuals toward the completion of a HOPE Qualifica-
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24 tion.
25 (b) PROVIDER ORGANIZATIONS.—
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1 (1) IN GENERAL.—The Secretary may provide a
2 grant of up to $20,000 under this section to an or-
3 ganization to provide training online, including es-
4 tablishing, modifying, or maintaining the online sys-
5 tems, staff time, and software and online program
6 management, through a course that meets the appli-
7 cable criteria established under section 1512.
8 (2) CRITERIA.—In order to receive a grant
9 under this subsection, an organization shall be—
10 (A) a nonprofit organization;
11 (B) an educational institution; or
12 (C) an organization that has experience
13 providing training to contractors that work with
14 the weatherization assistance program imple-
15 mented under part A of title IV of the Energy
16 Conservation and Production Act (42 U.S.C.
17 6861 et seq.) or equivalent experience, as deter-
18 mined by the Secretary.
19 (3) ADDITIONAL CERTIFICATIONS.—In addition
20 to any grant provided under paragraph (1), the Sec-
21 retary may provide an organization up to $5,000 for
22 each additional course for which a HOPE training
23 credit may be issued that is offered by the organiza-
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24 tion.
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1 (c) CONTRACTOR COMPANY.—The Secretary may
2 provide a grant under this section of $1,000 per employee
3 to a contractor company, up to a maximum of $10,000,
4 to reimburse the contractor company for training costs for
5 employees, and any home technology support needed for
6 an employee to receive training pursuant to this section.
7 Grant funds provided under this subsection may be used
8 to support wages of employees during training.
9 (d) TRAINEES.—The Secretary may provide a grant
10 of up to $1,000 under this section to an individual who
11 receives a HOPE Qualification.
12 (e) STATE ENERGY OFFICE.—The Secretary may
13 provide a grant under this section to a State energy office
14 of up to $25,000 to implement an authorized program
15 under section 1513(b).
16 SEC. 1515. AUTHORIZATION OF APPROPRIATIONS.
17 There is authorized to be appropriated to carry out
18 this part $500,000,000 for the period of fiscal years 2021
19 through 2025, to remain available until expended.
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1 PART 2—HOME ENERGY SAVINGS RETROFIT
2 REBATE PROGRAM
3 SEC. 1521. ESTABLISHMENT OF HOME ENERGY SAVINGS
4 RETROFIT REBATE PROGRAM.
5 The Secretary shall establish a program, to be known
6 as the Home Energy Savings Retrofit Rebate Program,
7 to—
8 (1) provide rebates in accordance with section
9 1522; and
10 (2) provide grants to States to carry out pro-
11 grams to provide rebates in accordance with section
12 1523.
13 SEC. 1522. PARTIAL SYSTEM REBATES.
14 (a) AMOUNT OF REBATE.—In carrying out the Home
15 Energy Savings Retrofit Rebate Program, and subject to
16 the availability of appropriations for such purpose, the
17 Secretary shall provide a homeowner or multifamily build-
18 ing owner a rebate, to be known as a partial system re-
19 bate, of, except as provided in section 1524, up to—
20 (1) $800 for the purchase and installation of
21 insulation and air sealing within a home of the
22 homeowner or the household living in a multifamily
23 building; and
24
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(2) $1,500 for the purchase and installation of
25 insulation and air sealing within a home of the
26 homeowner or the household living in a multifamily
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1 building and replacement of an HVAC system, the
2 heating component of an HVAC system, or the cool-
3 ing component of an HVAC system, of such home.
4 (b) SPECIFICATIONS.—
5 (1) COST.—The amount of a partial system re-
6 bate provided under this section shall, except as pro-
7 vided in section 1524, not exceed 30 percent of cost
8 of the purchase and installation of insulation and air
9 sealing under subsection (a)(1), or the purchase and
10 installation of insulation and air sealing and replace-
11 ment of an HVAC system, the heating component of
12 an HVAC system, or the cooling component of an
13 HVAC system, under subsection (a)(2). Labor may
14 be included in such cost but may not exceed—
15 (A) in the case of a rebate under sub-
16 section (a)(1), 50 percent of such cost; and
17 (B) in the case of a rebate under sub-
18 section (a)(2), 25 percent of such cost.
19 (2) REPLACEMENT OF AN HVAC SYSTEM, THE
20 HEATING COMPONENT OF AN HVAC SYSTEM, OR THE
21 COOLING COMPONENT OF AN HVAC SYSTEM.—In
22 order to qualify for a partial system rebate described
23 in subsection (a)(2)—
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24 (A) any HVAC system, heating component
25 of an HVAC system, or cooling component of
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1 an HVAC system installed shall be Energy Star
2 Most Efficient certified;
3 (B) installation of such an HVAC system,
4 the heating component of an HVAC system, or
5 the cooling component of an HVAC system,
6 shall be completed in accordance with standards
7 specified by the Secretary that are at least as
8 stringent as the applicable guidelines of the Air
9 Conditioning Contractors of America that are in
10 effect on the date of enactment of this Act;
11 (C) if ducts are present, replacement of an
12 HVAC system, the heating component of an
13 HVAC system, or the cooling component of an
14 HVAC system shall include duct sealing; and
15 (D) the installation of insulation and air
16 sealing shall occur within 6 months of the re-
17 placement of the HVAC system, the heating
18 component of an HVAC system, or the cooling
19 component of an HVAC system.
20 (c) ADDITIONAL INCENTIVES FOR CONTRACTORS.—
21 In carrying out the Home Energy Savings Retrofit Rebate
22 Program, the Secretary may provide a $250 payment to
23 a contractor per home of a homeowner or household living
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24 in a multifamily building for which—
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1 (1) a partial system rebate is provided under
2 this section for the installation of insulation and air
3 sealing, or installation of insulation and air sealing
4 and replacement of an HVAC system, the heating
5 component of an HVAC system, or the cooling com-
6 ponent of an HVAC system, by the contractor;
7 (2) the applicable homeowner has signed and
8 submitted to the Secretary a release form made
9 available pursuant to section 1526(b) authorizing
10 the contractor access to information in the utility
11 bills of the homeowner or the applicable multifamily
12 building owner has signed and submitted an agree-
13 ment with the contractor to provide whole-building
14 aggregate information about the building’s energy
15 use; and
16 (3) the contractor inputs, into the Department
17 of Energy’s Building Performance Database—
18 (A) the energy usage for the home of a
19 homeowner or for the household living in a mul-
20 tifamily building for the 12 months preceding,
21 and the 24 months following, the installation of
22 insulation and air sealing or installation of in-
23 sulation and air sealing and replacement of an
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1 HVAC system, or the cooling component of an
2 HVAC system;
3 (B) a description of such installation or in-
4 stallation and replacement; and
5 (C) the total cost to the homeowner or
6 multifamily building owner for such installation
7 or installation and replacement.
8 (d) PROCESS.—
9 (1) FORMS; REBATE PROCESSING SYSTEM.—
10 Not later than 90 days after the date of enactment
11 of this Act, the Secretary, in consultation with the
12 Secretary of the Treasury, shall—
13 (A) develop and make available rebate
14 forms required to receive a partial system re-
15 bate under this section;
16 (B) establish a Federal rebate processing
17 system which shall serve as a database and in-
18 formation technology system that will allow
19 homeowners and multifamily building owners to
20 submit required rebate forms; and
21 (C) establish a website that provides infor-
22 mation on partial system rebates provided
23 under this section, including how to determine
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24 whether particular measures qualify for a re-
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1 bate under this section and how to receive such
2 a rebate.
3 (2) SUBMISSION OF FORMS.—In order to re-
4 ceive a partial system rebate under this section, a
5 homeowner or multifamily building owner shall sub-
6 mit the required rebate forms, and any other infor-
7 mation the Secretary determines appropriate, to the
8 Federal rebate processing system established pursu-
9 ant to paragraph (1).
10 (e) FUNDING.—
11 (1) LIMITATION.—For each fiscal year, the Sec-
12 retary may not use more than 50 percent of the
13 amounts made available to carry out this part to
14 carry out this section.
15 (2) ALLOCATION.—The Secretary shall allocate
16 amounts made available to carry out this section for
17 partial system rebates among the States using the
18 same formula as is used to allocate funds for States
19 under part D of title III of the Energy Policy and
20 Conservation Act (42 U.S.C. 6321 et seq.).
21 SEC. 1523. STATE ADMINISTERED REBATES.
22 (a) FUNDING.—In carrying out the Home Energy
23 Savings Retrofit Rebate Program, and subject to the
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24 availability of appropriations for such purpose, the Sec-
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1 retary shall provide grants to States to carry out programs
2 to provide rebates in accordance with this section.
3 (b) STATE PARTICIPATION.—
4 (1) PLAN.—In order to receive a grant under
5 this section a State shall submit to the Secretary an
6 application that includes a plan to implement a
7 State program that meets the minimum criteria
8 under subsection (c).
9 (2) APPROVAL.—Not later than 60 days after
10 receipt of a completed application for a grant under
11 this section, the Secretary shall either approve the
12 application or provide to the applicant an expla-
13 nation for denying the application.
14 (c) MINIMUM CRITERIA FOR STATE PROGRAMS.—
15 Not later than 6 months after the date of enactment of
16 this Act, the Secretary shall establish and publish min-
17 imum criteria for a State program to meet to qualify for
18 funding under this section, including—
19 (1) that the State program be carried out by
20 the applicable State energy office or its designee;
21 (2) that a rebate be provided under a State pro-
22 gram only for a home energy efficiency retrofit
23 that—
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24 (A) is completed by a contractor who
25 meets minimum training requirements and cer-
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1 tification requirements set forth by the Sec-
2 retary;
3 (B) includes installation of one or more
4 home energy efficiency retrofit measures for a
5 home that together are modeled to achieve, or
6 are shown to achieve, a reduction in home en-
7 ergy use of 20 percent or more from the base-
8 line energy use of the home;
9 (C) does not include installation of any
10 measure that the Secretary determines does not
11 improve the thermal energy performance of the
12 home, such as a pool pump, pool heater, spa, or
13 EV charger; and
14 (D) includes, after installation of the appli-
15 cable home energy efficiency retrofit measures,
16 a test-out procedure conducted in accordance
17 with guidelines issued by the Secretary of such
18 measures to ensure—
19 (i) the safe operation of all systems
20 post retrofit; and
21 (ii) that all improvements are included
22 in, and have been installed according to—
23 (I) manufacturers installation
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24 specifications; and
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1 (II) all applicable State and local
2 codes or equivalent standards ap-
3 proved by the Secretary;
4 (3) that the State program utilize—
5 (A) for purposes of modeled performance
6 rebates, modeling software approved by the Sec-
7 retary for determining and documenting the
8 baseline energy use of a home and the reduc-
9 tions in home energy use resulting from the im-
10 plementation of a home energy efficiency ret-
11 rofit; and
12 (B) for purposes of measured performance
13 rebates, methods and procedures approved by
14 the Secretary for determining and documenting
15 the baseline energy use of a home and the re-
16 ductions in home energy use resulting from the
17 implementation of a home energy efficiency ret-
18 rofit, including methods and procedures for use
19 of advanced metering infrastructure, weather-
20 normalized data, and open source standards, to
21 measure such baseline energy use and such re-
22 ductions in home energy use;
23 (4) that the State program include implementa-
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24 tion of a quality assurance program—
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1 (A) to ensure that home energy efficiency
2 retrofits are achieving the stated level of energy
3 savings, that efficiency measures were installed
4 correctly, and that work is performed in accord-
5 ance with procedures developed by the Sec-
6 retary, including through quality-control inspec-
7 tions for a portion of home energy efficiency
8 retrofits completed by each applicable con-
9 tractor; and
10 (B) under which a quality-control inspec-
11 tion of a home energy efficiency retrofit is per-
12 formed by a quality assurance provider who—
13 (i) is independent of the contractor
14 for such retrofit; and
15 (ii) will confirm that such contractor
16 is a contractor who meets minimum train-
17 ing requirements and certification require-
18 ments set forth by the Secretary;
19 (5) that the State program include require-
20 ments for a homeowner, contractor, or rebate
21 aggregator to claim a rebate, including that the
22 homeowner, contractor, or rebate aggregator submit
23 any applicable forms approved by the Secretary to
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24 the State, including a copy of the certificate pro-
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1 vided by the applicable contractor certifying pro-
2 jected or measured reduction of home energy use;
3 (6) that the State program may include require-
4 ments for an entity to be eligible to serve as a rebate
5 aggregator to facilitate the delivery of rebates to
6 homeowners or contractors;
7 (7) that the State program include procedures
8 for a homeowner to transfer the right to claim a re-
9 bate to the contractor performing the applicable
10 home energy efficiency retrofit or to a rebate
11 aggregator that works with the contractor; and
12 (8) that the State program provide that a
13 homeowner, contractor, or rebate aggregator may
14 claim more than one rebate under the State pro-
15 gram, and may claim a rebate under the State pro-
16 gram after receiving a partial system rebate under
17 section 1522, provided that no 2 rebates may be
18 provided with respect to a home using the same
19 baseline energy use of such home.
20 (d) MODELED PERFORMANCE REBATES.—
21 (1) IN GENERAL.—In carrying out a State pro-
22 gram under this section, a State may provide a
23 homeowner, contractor, or rebate aggregator a re-
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24 bate, to be known as a modeled performance rebate,
25 for an energy audit of a home and a home energy
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1 efficiency retrofit that is projected, using modeling
2 software approved by the Secretary, to reduce home
3 energy use by at least 20 percent.
4 (2) AMOUNT.—
5 (A) IN GENERAL.—Except as provided in
6 section 1524, and subject to subparagraph (B),
7 the amount of a modeled performance rebate
8 provided under a State program shall be equal
9 to 50 percent of the cost of the applicable en-
10 ergy audit of a home and home energy effi-
11 ciency retrofit, including the cost of diagnostic
12 procedures, labor, reporting, and modeling.
13 (B) LIMITATION.—Except as provided in
14 section 1524, with respect to an energy audit
15 and home energy efficiency retrofit that is pro-
16 jected to reduce home energy use by—
17 (i) at least 20 percent, but less than
18 40 percent, the maximum amount of a
19 modeled performance rebate shall be
20 $2,000; and
21 (ii) at least 40 percent, the maximum
22 amount of a modeled performance rebate
23 shall be $4,000.
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24 (e) MEASURED PERFORMANCE REBATES.—
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1 (1) IN GENERAL.—In carrying out a State pro-
2 gram under this section, a State may provide a
3 homeowner, contractor, or rebate aggregator a re-
4 bate, to be known as a measured performance re-
5 bate, for a home energy efficiency retrofit that re-
6 duces home energy use by at least 20 percent as
7 measured using methods and procedures approved
8 by the Secretary.
9 (2) AMOUNT.—
10 (A) IN GENERAL.—Except as provided in
11 section 1524, and subject to subparagraph (B),
12 the amount of a measured performance rebate
13 provided under a State program shall be equal
14 to 50 percent of the cost, including the cost of
15 diagnostic procedures, labor, reporting, and en-
16 ergy measurement, of the applicable home en-
17 ergy efficiency retrofit.
18 (B) LIMITATION.—Except as provided in
19 section 1524, with respect to a home energy ef-
20 ficiency retrofit that is measured as reducing
21 home energy use by—
22 (i) at least 20 percent, but less than
23 40 percent, the maximum amount of a
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24 measured performance rebate shall be
25 $2,000; and
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1 (ii) at least 40 percent, the maximum
2 amount of a measured performance rebate
3 shall be $4,000.
4 (f) COORDINATION OF REBATE AND EXISTING
5 STATE-SPONSORED OR UTILITY-SPONSORED PRO-
6 GRAMS.—A State that receives a grant under this section
7 is encouraged to work with State agencies, energy utilities,
8 nonprofits, and other entities—
9 (1) to assist in marketing the availability of the
10 rebates under the applicable State program;
11 (2) to coordinate with utility or State managed
12 financing programs;
13 (3) to assist in implementation of the applicable
14 State program, including installation of home energy
15 efficiency retrofits; and
16 (4) to coordinate with existing quality assur-
17 ance programs.
18 (g) ADMINISTRATION AND OVERSIGHT.—
19 (1) REVIEW OF APPROVED MODELING SOFT-
20 WARE.—The Secretary shall, on an annual basis, list
21 and review all modeling software approved for use in
22 determining and documenting the reductions in
23 home energy use for purposes of modeled perform-
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24 ance rebates under subsection (d). In approving such
25 modeling software each year, the Secretary shall en-
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1 sure that modeling software approved for a year will
2 result in modeling of energy efficiency gains for any
3 type of home energy efficiency retrofit that is at
4 least as substantial as the modeling of energy effi-
5 ciency gains for such type of home energy efficiency
6 retrofit using the modeling software approved for
7 the previous year.
8 (2) OVERSIGHT.—If the Secretary determines
9 that a State is not implementing a State program
10 that was approved pursuant to subsection (b) and
11 that meets the minimum criteria under subsection
12 (c), the Secretary may, after providing the State a
13 period of at least 90 days to meet such criteria,
14 withhold grant funds under this section from the
15 State.
16 SEC. 1524. SPECIAL PROVISIONS FOR MODERATE INCOME
17 HOUSEHOLDS.
18 (a) CERTIFICATIONS.—The Secretary shall establish
19 procedures for certifying that the household of a home-
20 owner or that, in the case of a multifamily building, the
21 majority of households in the building is moderate income
22 for purposes of this section.
23 (b) PERCENTAGES.—Subject to subsection (c), for
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24 households that are certified pursuant to the procedures
25 established under subsection (a) as moderate income the—
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1 (1) amount of a partial system rebate under
2 section 1522 shall not exceed 60 percent of the ap-
3 plicable purchase and installation costs described in
4 section 1522(b)(1); and
5 (2) amount of—
6 (A) a modeled performance rebate under
7 section 1523 provided shall be equal to 80 per-
8 cent of the applicable costs described in section
9 1523(d)(2)(A); and
10 (B) a measured performance rebate under
11 section 1523 provided shall be equal to 80 per-
12 cent of the applicable costs described in section
13 1523(e)(2)(A).
14 (c) MAXIMUM AMOUNTS.—For households that are
15 certified pursuant to the procedures established under
16 subsection (a) as moderate income the maximum
17 amount—
18 (1) of a partial system rebate—
19 (A) under section 1522(a)(1) for the pur-
20 chase and installation of insulation and air seal-
21 ing within a home of the homeowner or the
22 household living in a multifamily building shall
23 be $1600; and
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24 (B) under section 1522(a)(2) for the pur-
25 chase and installation of insulation and air seal-
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1 ing within a home of the homeowner or the
2 household living in a multifamily building and
3 replacement of an HVAC system, the heating
4 component of an HVAC system, or the cooling
5 component of an HVAC system, of such home,
6 shall be $3,000;
7 (2) of a modeled performance rebate under sec-
8 tion 1523 for an energy audit and home energy effi-
9 ciency retrofit that is projected to reduce home en-
10 ergy use as described in—
11 (A) section 1523(d)(2)(B)(i) shall be
12 $4,000; and
13 (B) section 1523(d)(2)(B)(ii) shall be
14 $8,000; and
15 (3) of a measured performance rebate under
16 section 1523 for a home energy efficiency retrofit
17 that reduces home energy use as described in—
18 (B) section 1523(e)(2)(B)(i) shall be
19 $4,000; and
20 (C) section 1523(e)(2)(B)(ii) shall be
21 $8,000.
22 (d) OUTREACH.—The Secretary shall establish proce-
23 dures to—
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24 (1) provide information to households of home-
25 owners or multifamily building owners that are cer-
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1 tified pursuant to the procedures established under
2 subsection (a) as moderate income regarding other
3 programs and resources relating to assistance for
4 energy efficiency upgrades of homes, including the
5 weatherization assistance program implemented
6 under part A of title IV of the Energy Conservation
7 and Production Act (42 U.S.C. 6861 et seq.); and
8 (2) refer such households and owners, as appli-
9 cable, to such other programs and resources.
10 SEC. 1525. EVALUATION REPORTS TO CONGRESS.
11 (a) IN GENERAL.—Not later than 3 years after the
12 date of enactment of this Act and annually thereafter until
13 the termination of the Home Energy Savings Retrofit Re-
14 bate Program, the Secretary shall submit to Congress a
15 report on the use of funds made available to carry out
16 this part.
17 (b) CONTENTS.—Each report submitted under sub-
18 section (a) shall include—
19 (1) how many home energy efficiency retrofits
20 have been completed during the previous year under
21 the Home Energy Savings Retrofit Rebate Program;
22 (2) an estimate of how many jobs have been
23 created through the Home Energy Savings Retrofit
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24 Rebate Program, directly and indirectly;
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1 (3) a description of what steps could be taken
2 to promote further deployment of energy efficiency
3 and renewable energy retrofits;
4 (4) a description of the quantity of verifiable
5 energy savings, homeowner energy bill savings, and
6 other benefits of the Home Energy Savings Retrofit
7 Rebate Program;
8 (5) a description of any waste, fraud, or abuse
9 with respect to funds made available to carry out
10 this part; and
11 (6) any other information the Secretary con-
12 siders appropriate.
13 SEC. 1526. ADMINISTRATION.
14 (a) IN GENERAL.—The Secretary shall provide such
15 administrative and technical support to contractors, rebate
16 aggregators, States, and Indian Tribes as is necessary to
17 carry out this part.
18 (b) INFORMATION COLLECTION.—The Secretary
19 shall establish, and make available to a homeowner, or the
20 homeowner’s designated representative, seeking a rebate
21 under this part, release forms authorizing access by the
22 Secretary, or a designated third-party representative to in-
23 formation in the utility bills of the homeowner with appro-
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24 priate privacy protections in place.
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1 (c) APPLICATION OF WAGE RATE REQUIREMENTS TO
2 PARTIAL SYSTEM AND STATE ADMINISTERED RE-
3 BATES.—Section 12202 of this Act shall not apply to re-
4 bates under sections 1522 and 1523.
5 SEC. 1527. AUTHORIZATION OF APPROPRIATIONS.
6 (a) IN GENERAL.—There are authorized to be appro-
7 priated to the Secretary to carry out this part
8 $1,600,000,000 for each of fiscal years 2021 through
9 2025, to remain available until expended.
10 (b) TRIBAL ALLOCATION.—Of the amounts made
11 available pursuant to subsection (a) for a fiscal year, the
12 Secretary shall work with Indian Tribes and use 2 percent
13 of such amounts to carry out a program or programs that
14 as close as possible reflect the goals, requirements, and
15 provisions of this part, taking into account any factors
16 that the Secretary determines to be appropriate.
17 PART 3—GENERAL PROVISIONS
18 SEC. 1531. APPOINTMENT OF PERSONNEL.
19 Notwithstanding the provisions of title 5, United
20 States Code, regarding appointments in the competitive
21 service and General Schedule classifications and pay rates,
22 the Secretary may appoint such professional and adminis-
23 trative personnel as the Secretary considers necessary to
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24 carry out this subtitle.
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1 SEC. 1532. MAINTENANCE OF FUNDING.
2 Each State receiving Federal funds pursuant to this
3 subtitle shall provide reasonable assurances to the Sec-
4 retary that it has established policies and procedures de-
5 signed to ensure that Federal funds provided under this
6 subtitle will be used to supplement, and not to supplant,
7 State and local funds.
8 Subtitle F—Weatherization
9 SEC. 1601. WEATHERIZATION ASSISTANCE PROGRAM.
10 (a) REAUTHORIZATION OF WEATHERIZATION AS-
11 SISTANCE PROGRAM.—Section 422 of the Energy Con-
12 servation and Production Act (42 U.S.C. 6872) is amend-
13 ed by striking paragraphs (1) through (5) and inserting
14 the following:
15 ‘‘(1) $410,000,000 for fiscal year 2021;
16 ‘‘(2) $430,000,000 for fiscal year 2022;
17 ‘‘(3) $450,000,000 for fiscal year 2023;
18 ‘‘(4) $450,000,000 for fiscal year 2024; and
19 ‘‘(5) $450,000,000 for fiscal year 2025.’’.
20 (b) MODERNIZING THE DEFINITION OF WEATHER-
21 IZATION MATERIALS.—Section 412(9)(J) of the Energy
22 Conservation and Production Act (42 U.S.C. 6862(9)(J))
23 is amended—
24 (1) by inserting ‘‘, including renewable energy
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25 technologies and other advanced technologies,’’ after
26 ‘‘devices or technologies’’; and
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1 (2) by striking ‘‘, after consulting with the Sec-
2 retary of Housing and Urban Development, the Sec-
3 retary of Agriculture, and the Director of the Com-
4 munity Services Administration’’.
5 (c) CONSIDERATION OF HEALTH BENEFITS.—Sec-
6 tion 413(b) of the Energy Conservation and Production
7 Act (42 U.S.C. 6863(b)) is amended—
8 (1) in paragraph (1), by striking ‘‘Health, Edu-
9 cation, and Welfare’’ and inserting ‘‘Health and
10 Human Services’’;
11 (2) in paragraph (2)(A), by striking ‘‘Health,
12 Education, and Welfare’’ and inserting ‘‘Health and
13 Human Services’’;
14 (3) in paragraph (3)—
15 (A) by striking ‘‘and with the Director of
16 the Community Services Administration’’;
17 (B) by inserting ‘‘and by’’ after ‘‘in car-
18 rying out this part,’’; and
19 (C) by striking ‘‘, and the Director of the
20 Community Services Administration in carrying
21 out weatherization programs under section
22 222(a)(12) of the Economic Opportunity Act of
23 1964’’;
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24 (4) by redesignating paragraphs (4) through
25 (6) as paragraphs (5) through (7), respectively; and
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1 (5) by inserting after paragraph (3), the fol-
2 lowing:
3 ‘‘(4) The Secretary may amend the regulations pre-
4 scribed under paragraph (1) to provide that the standards
5 described in paragraph (2)(A) take into consideration im-
6 provements in the health and safety of occupants of dwell-
7 ing units, and other non-energy benefits, from weatheriza-
8 tion.’’.
9 (d) CONTRACTOR OPTIMIZATION.—
10 (1) IN GENERAL.—The Energy Conservation
11 and Production Act is amended by inserting after
12 section 414B (42 U.S.C. 6864b) the following:
13 ‘‘SEC. 414C. CONTRACTOR OPTIMIZATION.
14 ‘‘(a) IN GENERAL.—The Secretary may request that
15 entities receiving funding from the Federal Government
16 or from a State through a weatherization assistance pro-
17 gram under section 413 or section 414 perform periodic
18 reviews of the use of private contractors in the provision
19 of weatherization assistance, and encourage expanded use
20 of contractors as appropriate.
21 ‘‘(b) USE OF TRAINING FUNDS.—Entities described
22 in subsection (a) may use funding described in such sub-
23 section to train private, non-Federal entities that are con-
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24 tracted to provide weatherization assistance under a
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1 weatherization program, in accordance with rules deter-
2 mined by the Secretary.’’.
3 (2) TABLE OF CONTENTS AMENDMENT.—The
4 table of contents for the Energy Conservation and
5 Production Act is amended by inserting after the
6 item relating to section 414B the following:
‘‘Sec. 414C. Contractor optimization.’’.
7 (e) FINANCIAL ASSISTANCE FOR WAP ENHANCE-
8 MENT AND INNOVATION.—
9 (1) IN GENERAL.—The Energy Conservation
10 and Production Act is amended by inserting after
11 section 414C (as added by subsection (d) of this sec-
12 tion) the following:
13 ‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCE-
14 MENT AND INNOVATION.
15 ‘‘(a) PURPOSES.—The purposes of this section are—
16 ‘‘(1) to expand the number of dwelling units
17 that are occupied by low-income persons that receive
18 weatherization assistance by making such dwelling
19 units weatherization-ready;
20 ‘‘(2) to promote the deployment of renewable
21 energy in dwelling units that are occupied by low-in-
22 come persons;
23 ‘‘(3) to ensure healthy indoor environments by
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24 enhancing or expanding health and safety measures
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1 and resources available to dwellings that are occu-
2 pied by low-income persons;
3 ‘‘(4) to disseminate new methods and best prac-
4 tices among entities providing weatherization assist-
5 ance;
6 ‘‘(5) to encourage entities providing weatheriza-
7 tion assistance to hire and retain employees who are
8 individuals—
9 ‘‘(A) from the community in which the as-
10 sistance is provided; and
11 ‘‘(B) from communities or groups that are
12 underrepresented in the home energy perform-
13 ance workforce, including religious and ethnic
14 minorities, women, veterans, individuals with
15 disabilities, and individuals who are
16 socioeconomically disadvantaged; and
17 ‘‘(6) to enhance or expand the use of materials
18 that are resistant to high heat and fire in dwellings
19 occupied by low-income persons in areas at risk from
20 drought and wildfires.
21 ‘‘(b) FINANCIAL ASSISTANCE.—The Secretary shall,
22 to the extent funds are made available, award financial
23 assistance, on an annual basis, through a competitive
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24 process to entities receiving funding from the Federal Gov-
25 ernment or from a State, tribal organization, or unit of
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1 general purpose local government through a weatheriza-
2 tion program under section 413 or section 414, or to non-
3 profit entities, to be used by such an entity—
4 ‘‘(1) with respect to dwelling units that are oc-
5 cupied by low-income persons, to—
6 ‘‘(A) implement measures to make such
7 dwelling units weatherization-ready by address-
8 ing structural, plumbing, roofing, and electrical
9 issues, environmental hazards, or other meas-
10 ures that the Secretary determines to be appro-
11 priate;
12 ‘‘(B) install energy efficiency technologies,
13 including home energy management systems,
14 smart devices, and other technologies the Sec-
15 retary determines to be appropriate;
16 ‘‘(C) install renewable energy systems (as
17 defined in section 415(c)(6)(A));
18 ‘‘(D) implement measures to ensure
19 healthy indoor environments by improving in-
20 door air quality, accessibility, and other healthy
21 homes measures as determined by the Sec-
22 retary; and
23 ‘‘(E) implement measures to enhance
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24 health and safety through use of materials that
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1 are resistant to high heat and fire in areas at
2 risk from drought and wildfires;
3 ‘‘(2) to improve the capability of the entity—
4 ‘‘(A) to significantly increase the number
5 of energy retrofits performed by such entity;
6 ‘‘(B) to replicate best practices for work
7 performed pursuant to this section on a larger
8 scale;
9 ‘‘(C) to leverage additional funds to sus-
10 tain the provision of weatherization assistance
11 and other work performed pursuant to this sec-
12 tion after financial assistance awarded under
13 this section is expended; and
14 ‘‘(D) to hire and retain employees who are
15 individuals described subsection (a)(5);
16 ‘‘(3) for innovative outreach and education re-
17 garding the benefits and availability of weatheriza-
18 tion assistance and other assistance available pursu-
19 ant to this section;
20 ‘‘(4) for quality control of work performed pur-
21 suant to this section;
22 ‘‘(5) for data collection, measurement, and
23 verification with respect to such work;
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24 ‘‘(6) for program monitoring, oversight, evalua-
25 tion, and reporting regarding such work;
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1 ‘‘(7) for labor, training, and technical assist-
2 ance relating to such work;
3 ‘‘(8) for planning, management, and adminis-
4 tration (up to a maximum of 15 percent of the as-
5 sistance provided); and
6 ‘‘(9) for such other activities as the Secretary
7 determines to be appropriate.
8 ‘‘(c) AWARD FACTORS.—In awarding financial assist-
9 ance under this section, the Secretary shall consider—
10 ‘‘(1) the applicant’s record of constructing, ren-
11 ovating, repairing, or making energy efficient single-
12 family, multifamily, or manufactured homes that are
13 occupied by low-income persons, either directly or
14 through affiliates, chapters, or other partners (using
15 the most recent year for which data are available);
16 ‘‘(2) the number of dwelling units occupied by
17 low-income persons that the applicant has built, ren-
18 ovated, repaired, weatherized, or made more energy
19 efficient in the 5 years preceding the date of the ap-
20 plication;
21 ‘‘(3) the qualifications, experience, and past
22 performance of the applicant, including experience
23 successfully managing and administering Federal
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24 funds;
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1 ‘‘(4) the strength of an applicant’s proposal to
2 achieve one or more of the purposes under sub-
3 section (a);
4 ‘‘(5) the extent to which such applicant will uti-
5 lize partnerships and regional coordination to
6 achieve one or more of the purposes under sub-
7 section (a);
8 ‘‘(6) regional and climate zone diversity;
9 ‘‘(7) urban, suburban, and rural localities; and
10 ‘‘(8) such other factors as the Secretary deter-
11 mines to be appropriate.
12 ‘‘(d) APPLICATIONS.—
13 ‘‘(1) ADMINISTRATION.—To be eligible for an
14 award of financial assistance under this section, an
15 applicant shall submit to the Secretary an applica-
16 tion in such manner and containing such informa-
17 tion as the Secretary may require.
18 ‘‘(2) AWARDS.—Subject to the availability of
19 appropriations, not later than 270 days after the
20 date of enactment of this section, the Secretary shall
21 make a first award of financial assistance under this
22 section.
23 ‘‘(e) MAXIMUM AMOUNT AND TERM.—
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1 ‘‘(1) IN GENERAL.—The total amount of finan-
2 cial assistance awarded to an entity under this sec-
3 tion shall not exceed $2,000,000.
4 ‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.—
5 The total amount of financial assistance awarded to
6 an entity under this section shall be reduced by the
7 cost of any technical and training assistance pro-
8 vided by the Secretary that relates to such financial
9 assistance.
10 ‘‘(3) TERM.—The term of an award of financial
11 assistance under this section shall not exceed 3
12 years.
13 ‘‘(4) RELATIONSHIP TO FORMULA GRANTS.—An
14 entity may use financial assistance awarded to such
15 entity under this section in conjunction with other
16 financial assistance provided to such entity under
17 this part.
18 ‘‘(f) REQUIREMENTS.—Not later than 90 days after
19 the date of enactment of this section, the Secretary shall
20 issue requirements to implement this section, including,
21 for entities receiving financial assistance under this sec-
22 tion—
23 ‘‘(1) standards for allowable expenditures;
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24 ‘‘(2) a minimum saving-to-investment ratio; and
25 ‘‘(3) standards for—
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1 ‘‘(A) training programs;
2 ‘‘(B) energy audits;
3 ‘‘(C) the provision of technical assistance;
4 ‘‘(D) monitoring activities carried out
5 using such financial assistance;
6 ‘‘(E) verification of energy and cost sav-
7 ings;
8 ‘‘(F) liability insurance requirements; and
9 ‘‘(G) recordkeeping and reporting require-
10 ments, which shall include reporting to the Of-
11 fice of Weatherization and Intergovernmental
12 Programs of the Department of Energy applica-
13 ble data on each dwelling unit retrofitted or
14 otherwise assisted pursuant to this section.
15 ‘‘(g) COMPLIANCE WITH STATE AND LOCAL LAW.—
16 Nothing in this section supersedes or otherwise affects any
17 State or local law, to the extent that the State or local
18 law contains a requirement that is more stringent than
19 the applicable requirement of this section.
20 ‘‘(h) REVIEW AND EVALUATION.—The Secretary
21 shall review and evaluate the performance of each entity
22 that receives an award of financial assistance under this
23 section (which may include an audit).
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1 ‘‘(i) ANNUAL REPORT.—The Secretary shall submit
2 to Congress an annual report that provides a description
3 of—
4 ‘‘(1) actions taken under this section to achieve
5 the purposes of this section; and
6 ‘‘(2) accomplishments as a result of such ac-
7 tions, including energy and cost savings achieved.
8 ‘‘(j) FUNDING.—
9 ‘‘(1) AMOUNTS.—
10 ‘‘(A) IN GENERAL.—For each of fiscal
11 years 2021 through 2025, of the amount made
12 available under section 422 for such fiscal year
13 to carry out the weatherization program under
14 this part (not including any of such amount
15 made available for Department of Energy head-
16 quarters training or technical assistance), not
17 more than—
18 ‘‘(i) 2 percent of such amount (if such
19 amount is $225,000,000 or more but less
20 than $260,000,000) may be used to carry
21 out this section;
22 ‘‘(ii) 4 percent of such amount (if
23 such amount is $260,000,000 or more but
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24 less than $300,000,000) may be used to
25 carry out this section; and
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1 ‘‘(iii) 6 percent of such amount (if
2 such amount is $300,000,000 or more)
3 may be used to carry out this section.
4 ‘‘(B) MINIMUM.—For each of fiscal years
5 2021 through 2025, if the amount made avail-
6 able under section 422 (not including any of
7 such amount made available for Department of
8 Energy headquarters training or technical as-
9 sistance) for such fiscal year is less than
10 $225,000,000, no funds shall be made available
11 to carry out this section.
12 ‘‘(2) LIMITATION.—For any fiscal year, the
13 Secretary may not use more than $25,000,000 of
14 the amount made available under section 422 to
15 carry out this section.
16 ‘‘(k) TERMINATION.—The Secretary may not award
17 financial assistance under this section after September 30,
18 2025.’’.
19 (2) TABLE OF CONTENTS.—The table of con-
20 tents for the Energy Conservation and Production
21 Act is amended by inserting after the item relating
22 to section 414C the following:
‘‘Sec. 414D. Financial assistance for WAP enhancement and innovation.’’.
23 (f) HIRING.—
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24 (1) IN GENERAL.—The Energy Conservation
25 and Production Act is amended by inserting after
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1 section 414D (as added by subsection (e) of this sec-
2 tion) the following:
3 ‘‘SEC. 414E. HIRING.
4 ‘‘The Secretary may, as the Secretary determines ap-
5 propriate, encourage entities receiving funding from the
6 Federal Government or from a State through a weather-
7 ization program under section 413 or section 414, to
8 prioritize the hiring and retention of employees who are
9 individuals described in section 414D(a)(5).’’.
10 (2) TABLE OF CONTENTS.—The table of con-
11 tents for the Energy Conservation and Production
12 Act is amended by inserting after the item relating
13 to section 414D the following:
‘‘Sec. 414E. Hiring.’’.
14 (g) INCREASE IN ADMINISTRATIVE FUNDS.—Section
15 415(a)(1) of the Energy Conservation and Production Act
16 (42 U.S.C. 6865(a)(1)) is amended by striking ‘‘10 per-
17 cent’’ and inserting ‘‘15 percent’’.
18 (h) AMENDING RE-WEATHERIZATION DATE.—Para-
19 graph (2) of section 415(c) of the Energy Conservation
20 and Production Act (42 U.S.C. 6865(c)) is amended to
21 read as follows:
22 ‘‘(2) Dwelling units weatherized (including dwelling
23 units partially weatherized) under this part, or under
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24 other Federal programs (in this paragraph referred to as
25 ‘previous weatherization’), may not receive further finan-
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1 cial assistance for weatherization under this part until the
2 date that is 15 years after the date such previous weather-
3 ization was completed. This paragraph does not preclude
4 dwelling units that have received previous weatherization
5 from receiving assistance and services (including the provi-
6 sion of information and education to assist with energy
7 management and evaluation of the effectiveness of in-
8 stalled weatherization materials) other than weatheriza-
9 tion under this part or under other Federal programs, or
10 from receiving non-Federal assistance for weatheriza-
11 tion.’’.
12 (i) ANNUAL REPORT.—Section 421 of the Energy
13 Conservation and Production Act (42 U.S.C. 6871) is
14 amended by inserting ‘‘the number of multifamily build-
15 ings in which individual dwelling units were weatherized
16 during the previous year, the number of individual dwell-
17 ing units in multifamily buildings weatherized during the
18 previous year,’’ after ‘‘the average size of the dwellings
19 being weatherized,’’.
20 SEC. 1602. REPORT ON WAIVERS.
21 Not later than 180 days after the date of enactment
22 of this Act, the Secretary of Energy shall submit to Con-
23 gress a report on the status of any request made after
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24 September 30, 2010, for a waiver of any requirement
25 under section 200.313 of title 2, Code of Federal Regula-
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1 tions, as such requirement applies with respect to the
2 weatherization assistance program under part A of title
3 IV of the Energy Conservation and Production Act (42
4 U.S.C. 6861 et seq.), including a description of any such
5 waiver that has been granted and any such request for
6 a waiver that has been considered but not granted.
7 SEC. 1603. APPLICATION OF WAGE RATE REQUIREMENTS
8 TO WEATHERIZATION ASSISTANCE PRO-
9 GRAM.
10 With respect to the Weatherization Assistance Pro-
11 gram, the requirements of section 12202 shall apply only
12 to work performed on multifamily buildings.
13 SEC. 1604. PROHIBITION ON CATEGORY 1 RESPIRATORY
14 SENSITIZERS.
15 Thermal insulating materials for building elements
16 including walls, floors, ceilings, attics and roofs insulation,
17 used for ‘‘Low Income Home Energy Assistance’’ and
18 ‘‘Weatherization Assistance Program’’ shall not contain
19 any substance that is a Category 1 respiratory sensitizer
20 as defined in Appendix A to section 1910.1200 of title 29,
21 Code of Federal Regulations, (specifically, Appendix A.4,
22 ‘‘Respiratory or Skin Sensitization’’), if such substance
23 was intentionally added or is present at greater than 0.1
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24 percent (1000 ppm) by weight in the product.
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1 Subtitle G—Energy and Water
2 Research Integration
3 SEC. 1701. INTEGRATING ENERGY AND WATER RESEARCH.
4 (a) IN GENERAL.—The Secretary of Energy shall in-
5 tegrate water considerations into energy research, develop-
6 ment, and demonstration programs and projects of the
7 Department of Energy by—
8 (1) advancing energy and energy efficiency
9 technologies and practices that meet the objectives
10 of—
11 (A) minimizing freshwater withdrawal and
12 consumption;
13 (B) increasing water use efficiency;
14 (C) utilizing nontraditional water sources
15 with efforts to improve the quality of the water
16 from those sources;
17 (D) minimizing deleterious impacts on
18 water bodies, groundwater, and waterways; and
19 (E) minimizing seismic impacts;
20 (2) considering the effects climate variability
21 may have on water supplies and quality for energy
22 generation and fuel production; and
23 (3) improving understanding of the energy-
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24 water nexus.
25 (b) STRATEGIC PLAN.—
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1 (1) IN GENERAL.—Not later than 12 months
2 after the date of enactment of this Act, the Sec-
3 retary shall develop a strategic plan identifying the
4 research, development, and demonstration needs for
5 Department programs and projects to carry out sub-
6 section (a). The strategic plan shall include technical
7 milestones for achieving and assessing progress to-
8 ward the objectives of subsection (a)(1).
9 (2) SPECIFIC CONSIDERATIONS.—In developing
10 the strategic plan, the Secretary shall consider—
11 (A) new advanced cooling technologies for
12 energy generation and fuel production tech-
13 nologies;
14 (B) performance improvement of existing
15 cooling technologies and cost reductions associ-
16 ated with using those technologies;
17 (C) innovative water reuse, recovery, and
18 treatment technologies in energy generation and
19 fuel production, including renewable energy;
20 (D) technology development for carbon
21 capture and storage systems that utilize effi-
22 cient water use design strategies;
23 (E) technologies that are life-cycle cost ef-
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24 fective;
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1 (F) systems analysis and modeling of
2 issues relating to the energy-water nexus;
3 (G) technologies to treat and utilize waste-
4 water and produced waters discharged from oil,
5 natural gas, coalbed methane, and any other
6 substance to be used as an energy source;
7 (H) advanced materials for the use of non-
8 traditional water sources for energy generation
9 and fuel production;
10 (I) biomass production and utilization and
11 the impact on hydrologic systems;
12 (J) technologies that reduce impacts on
13 water from energy resource development;
14 (K) energy efficient technologies for water
15 distribution, treatment, supply, and collection
16 systems;
17 (L) technologies for energy generation
18 from water distribution, treatment, supply, and
19 collection systems;
20 (M) the flexible operation of water infra-
21 structure to provide essential grid reliability
22 services;
23 (N) modular or energy-water microgrid
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24 systems that can provide energy and water re-
25 sources in remote or disaster recovery areas;
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1 (O) recovering energy in the form of
2 biofuels, bioproducts, and biopower from munic-
3 ipal and industrial wastewaters, and similar or-
4 ganic streams; and
5 (P) any other area of the energy-water
6 nexus that the Secretary considers appropriate.
7 (3) COLLABORATION AND NONDUPLICATION.—
8 In developing the strategic plan, the Secretary shall
9 coordinate and avoid duplication—
10 (A) with other Federal agencies operating
11 related programs, if appropriate; and
12 (B) across programs and projects of the
13 Department, including with those of the Na-
14 tional Laboratories.
15 (4) RELEVANT INFORMATION AND REC-
16 OMMENDATIONS.—In developing the strategic plan,
17 the Secretary shall consider and incorporate, as ap-
18 propriate, relevant information and recommenda-
19 tions, including those of the National Water Avail-
20 ability and Use Assessment Program under section
21 9508(d) of the Omnibus Public Land Management
22 Act of 2009 (42 U.S.C. 10368(d)).
23 (5) ADDITIONAL PARTICIPATION.—In devel-
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24 oping the strategic plan, the Secretary shall consult
25 and coordinate with a diverse group of representa-
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1 tives from research and academic institutions, indus-
2 try, public utility commissions, and State and local
3 governments who have expertise in technologies and
4 practices relating to the energy-water nexus.
5 (6) SUBMISSION TO CONGRESS.—Not later than
6 12 months after the date of enactment of this Act,
7 the Secretary shall submit to the Committee on
8 Science, Space, and Technology of the House of
9 Representatives and the Committee on Energy and
10 Natural Resources of the Senate the strategic plan.
11 (7) UPDATING THE STRATEGIC PLAN.—Not
12 later than 3 years after the date of enactment of
13 this Act, and at least once every 5 years thereafter,
14 the Secretary shall—
15 (A) utilize relevant information produced
16 by Federal Government agencies, academia,
17 State, local, and tribal governments and indus-
18 try to update the strategic plan;
19 (B) include in the updated strategic plan a
20 description of the changes from the previous
21 strategic plan and the rationale for such
22 changes;
23 (C) include a review of progress made to-
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24 wards the milestones outlined in the previous
25 strategic plan; and
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1 (D) submit the updated strategic plan to
2 the Committee on Science, Space, and Tech-
3 nology of the House of Representatives and the
4 Committee on Energy and Natural Resources of
5 the Senate.
6 (c) ADDITIONAL ACTIVITIES.—The Secretary may
7 provide for such additional research, development, and
8 demonstration activities as appropriate to integrate water
9 considerations into the research, development, and dem-
10 onstration activities of the Department as described in
11 subsection (a).
12 SEC. 1702. ENERGY-WATER OVERSIGHT AND COORDINA-
13 TION.
14 (a) IN GENERAL.—In carrying out the research, de-
15 velopment, and demonstration activities outlined in section
16 1701, the Secretary, in coordination with other relevant
17 Federal agencies, shall establish an Energy-Water Com-
18 mittee to promote and enable improved energy and water
19 resource data collection, reporting, and technological inno-
20 vation. The Committee shall consist of—
21 (1) representation from each program within
22 the Department and each Federal agency that con-
23 ducts research related to the energy-water nexus;
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24 and
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1 (2) non-Federal members, including representa-
2 tives of research and academic institutions, State,
3 local, and tribal governments, public utility commis-
4 sions, and industry, who have expertise in tech-
5 nologies, technological innovations, or practices re-
6 lating to the energy-water nexus.
7 (b) FUNCTIONS.—The Committee shall, in carrying
8 out section 1701—
9 (1) make recommendations on the development
10 and integration of data collection and data commu-
11 nication standards and protocols, including models
12 and modeling results, to agencies and entities cur-
13 rently engaged in collecting the data for the energy-
14 water nexus;
15 (2) recommend ways to make improvements to
16 Federal water use data to increase understanding of
17 trends in energy generation and fuel production, in-
18 cluding non-cooling water uses;
19 (3) recommend best practices for utilizing infor-
20 mation from existing monitoring networks to provide
21 nationally uniform water and energy use and infra-
22 structure data; and
23 (4) conduct annual technical workshops, includ-
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24 ing at least one regional workshop annually, to fa-
25 cilitate information exchange among Federal, re-
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1 gional, State, local, and tribal governments and pri-
2 vate sector experts on technologies that encourage
3 the conservation and efficient use of water and en-
4 ergy.
5 (c) REPORTS.—Not later than 1 year after the date
6 of enactment of this Act, and at least once every 2 years
7 thereafter, the Committee, through the Secretary, shall
8 transmit to Congress a report on its findings and activities
9 under this section.
10 (d) APPLICABILITY OF FEDERAL ADVISORY COM-
11 MITTEE ACT.—Except as otherwise provided in this sec-
12 tion, the Federal Advisory Committee Act (5 U.S.C. App.)
13 shall apply to the Committee.
14 SEC. 1703. RULE OF CONSTRUCTION.
15 Notwithstanding any other provision of law, nothing
16 in this part shall be construed to require State, tribal, or
17 local governments to provide additional data for Federal
18 purposes, or to take any action that may result in an in-
19 creased financial burden to such governments by restrict-
20 ing the use of water by such governments.
21 SEC. 1704. COORDINATION AND NONDUPLICATION.
22 To the maximum extent practicable, the Secretary
23 shall coordinate activities under this part with other pro-
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24 grams of the Department and other Federal research pro-
25 grams.
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1 SEC. 1705. DEFINITIONS.
2 In this part:
3 (1) COMMITTEE.—The term ‘‘Committee’’
4 means the Energy-Water Committee established
5 under section 1702(a).
6 (2) DEPARTMENT.—The term ‘‘Department’’
7 means the Department of Energy.
8 (3) ENERGY-WATER NEXUS.—The term ‘‘en-
9 ergy-water nexus’’ means the energy required to pro-
10 vide reliable water supplies and the water required
11 to provide reliable energy supplies throughout the
12 United States.
13 (4) SECRETARY.—The term ‘‘Secretary’’ means
14 the Secretary of Energy.
15 Subtitle H—Other Matters
16 SEC. 1801. MODIFICATIONS TO THE CEILING FAN ENERGY
17 CONSERVATION STANDARD.
18 (a) IN GENERAL.—Section 325(ff)(6) of the Energy
19 Policy and Conservation Act (42 U.S.C. 6295(ff)(6)) is
20 amended by adding at the end the following:
21 ‘‘(C)(i) Large-diameter ceiling fans manufactured on
22 or after January 21, 2020, shall—
23 ‘‘(I) not be required to meet minimum ceiling
24 fan efficiency in terms of ratio of the total airflow
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25 to the total power consumption as described in the
26 final rule titled ‘Energy Conservation Program: En-
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1 ergy Conservation Standards for Ceiling Fans’ (82
2 Fed. Reg. 6826 (January 19, 2017)); and
3 ‘‘(II) have a CFEI greater than or equal to—
4 ‘‘(aa) 1.00 at high speed; and
5 ‘‘(bb) 1.31 at 40 percent speed or the
6 nearest speed that is not less than 40 percent
7 speed.
8 ‘‘(ii) For purposes of this subparagraph, the term
9 ‘CFEI’ means the Fan Energy Index for large-diameter
10 ceiling fans, calculated in accordance with ANSI/AMCA
11 Standard 208–18 titled ‘Calculation of the Fan Energy
12 Index’, with the following modifications:
13 ‘‘(I) Using an Airflow Constant (Q0) of 26,500
14 cubic feet per minute.
15 ‘‘(II) Using a Pressure Constant (P0) of 0.0027
16 inches water gauge.
17 ‘‘(III) Using a Fan Efficiency Constant (η0) of
18 42 percent.’’.
19 (b) REVISION.—For purposes of section 325(m) of
20 the Energy Policy and Conservation Act (42 U.S.C.
21 6295(m)), the standard established in section
22 325(ff)(6)(C) of such Act (as added by subsection (a) of
23 this section) shall be treated as if such standard was
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24 issued on January 19, 2017.
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1 SEC. 1802. SMART ENERGY AND WATER EFFICIENCY PRO-
2 GRAM.
3 (a) DEFINITIONS.—In this section:
4 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
5 ty’’ means—
6 (A) a municipality;
7 (B) a water district; and
8 (C) any other entity that provides water,
9 wastewater, or water reuse services, including a
10 joint water and power authority.
11 (2) SECRETARY.—The term ‘‘Secretary’’ means
12 the Secretary of Energy.
13 (3) SMART ENERGY AND WATER EFFICIENCY
14 PROGRAM.—The term ‘‘smart energy and water effi-
15 ciency program’’ or ‘‘program’’ means the program
16 established under subsection (b).
17 (b) SMART ENERGY AND WATER EFFICIENCY PRO-
18 GRAM.—
19 (1) IN GENERAL.—The Secretary shall establish
20 and carry out a smart energy and water efficiency
21 program in accordance with this section.
22 (2) ELIGIBLE PROJECTS.—In carrying out the
23 smart energy and water efficiency program, the Sec-
24 retary shall award grants to eligible entities to carry
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25 out projects that implement advanced and innovative
26 technology-based solutions that will improve the en-
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1 ergy or water efficiency of water, wastewater, or
2 water reuse systems to—
3 (A) help eligible entities make significant
4 progress in conserving water, conserving energy,
5 or reducing the operating costs of such systems;
6 (B) support the implementation of innova-
7 tive processes or the installation of advanced
8 automated systems that provide real-time data
9 on energy and water; or
10 (C) improve predictive maintenance of
11 water, wastewater, or water reuse systems
12 through the use of Internet-connected tech-
13 nologies, such as sensors, intelligent gateways,
14 or security embedded in hardware.
15 (3) PROJECT SELECTION.—
16 (A) IN GENERAL.—The Secretary shall
17 make competitive, merit-reviewed grants under
18 the program to not fewer than 3, but not more
19 than 5, eligible entities.
20 (B) SELECTION CRITERIA.—In selecting an
21 eligible entity to receive a grant under the pro-
22 gram, the Secretary shall consider—
23 (i) energy and cost savings anticipated
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24 to result from the project;
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1 (ii) the innovative nature, commercial
2 viability, and reliability of the technology
3 to be used;
4 (iii) the degree to which the project
5 integrates innovative sensors, software,
6 hardware, analytics, and management
7 tools;
8 (iv) the anticipated cost-effectiveness
9 of the project in terms of energy savings,
10 water savings or reuse, and infrastructure
11 costs averted;
12 (v) whether the technology can be de-
13 ployed in a variety of geographic regions
14 and the degree to which the technology can
15 be implemented on a smaller or larger
16 scale, including whether the technology can
17 be implemented by other types of eligible
18 entities; and
19 (vi) whether implementation of the
20 project will be complete within 5 years.
21 (C) APPLICATIONS.—
22 (i) IN GENERAL.—Subject to clause
23 (ii), an eligible entity seeking a grant
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24 under the program shall submit to the Sec-
25 retary an application at such time, in such
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1 manner, and containing such information
2 as the Secretary determines to be nec-
3 essary.
4 (ii) CONTENTS.—An application under
5 clause (i) shall, at a minimum, include—
6 (I) a description of the project;
7 (II) a description of the tech-
8 nology to be used in the project;
9 (III) the anticipated results, in-
10 cluding energy and water savings, of
11 the project;
12 (IV) a comprehensive budget for
13 the project; and
14 (V) the number of households or
15 customers that are served by the eligi-
16 ble entity and will benefit from the
17 project.
18 (4) ADMINISTRATION.—
19 (A) IN GENERAL.—Not later than 300
20 days after the date of enactment of this Act,
21 the Secretary shall select grant recipients under
22 this section.
23 (B) EVALUATIONS.—The Secretary shall
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24 annually for 5 years carry out an evaluation of
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1 each project for which a grant is provided
2 under this section that—
3 (i) evaluates the progress and effects
4 of the project; and
5 (ii) assesses the degree to which the
6 project can be replicated in other regions,
7 systems, and situations.
8 (C) TECHNICAL ASSISTANCE.—On the re-
9 quest of a grant recipient, the Secretary shall
10 provide technical assistance to the grant recipi-
11 ent to carry out the project.
12 (D) BEST PRACTICES.—The Secretary
13 shall make available to the public—
14 (i) a copy of each evaluation carried
15 out under subparagraph (B); and
16 (ii) a description of any best practices
17 identified by the Secretary as a result of
18 those evaluations.
19 (E) REPORT TO CONGRESS.—Not later
20 than the date on which the Secretary completes
21 the last evaluation required under subparagraph
22 (B), the Secretary shall submit to Congress a
23 report containing the results of each evaluation
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24 carried out under such subparagraph.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
2 authorized to be appropriated $15,000,000 to carry out
3 this section, to remain available until expended.
4 SEC. 1803. ENERGY EFFICIENCY AND CONSERVATION
5 BLOCK GRANT PROGRAM.
6 (a) PURPOSE.—Section 542(b)(1) of the Energy
7 Independence and Security Act of 2007 (42 U.S.C.
8 17152(b)(1)) is amended—
9 (1) in subparagraph (A), by striking ‘‘; and’’
10 and inserting a semicolon;
11 (2) in subparagraph (B), by striking the semi-
12 colon and inserting ‘‘; and’’; and
13 (3) by adding at the end the following:
14 ‘‘(C) diversifies energy supplies, including
15 by facilitating and promoting the use of alter-
16 native fuels;’’.
17 (b) USE OF FUNDS.—Section 544(9) of the Energy
18 Independence and Security Act of 2007 (42 U.S.C.
19 17154(9)) is amended to read as follows:
20 ‘‘(9) deployment of energy distribution tech-
21 nologies that significantly increase energy efficiency
22 or expand access to alternative fuels, including—
23 ‘‘(A) distributed resources;
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24 ‘‘(B) district heating and cooling systems;
25 and
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1 ‘‘(C) infrastructure for delivering alter-
2 native fuels;’’.
3 (c) COMPETITIVE GRANTS.—Section 546(c)(2) of the
4 Energy Independence and Security Act of 2007 (42
5 U.S.C. 17156(c)(2)) is amended by inserting ‘‘, including
6 projects to expand the use of alternative fuels’’ before the
7 period at the end.
8 (d) FUNDING.—Section 548(a) of the Energy Inde-
9 pendence and Security Act of 2007 (42 U.S.C. 17158(a))
10 is amended to read as follows:
11 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
12 ‘‘(1) GRANTS.—There is authorized to be ap-
13 propriated to the Secretary for the provision of
14 grants under the program $3,500,000,000 for each
15 of fiscal years 2021 through 2025.
16 ‘‘(2) ADMINISTRATIVE COSTS.—There is au-
17 thorized to be appropriated to the Secretary for ad-
18 ministrative expenses of the program $35,000,000
19 for each of fiscal years 2021 through 2025.’’.
20 (e) TECHNICAL AMENDMENTS.—Section 543 of the
21 Energy Independence and Security Act of 2007 (42
22 U.S.C. 17153) is amended—
23 (1) in subsection (c), by striking ‘‘subsection
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24 (a)(2)’’ and inserting ‘‘subsection (a)(3)’’; and
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1 (2) in subsection (d), by striking ‘‘subsection
2 (a)(3)’’ and inserting ‘‘subsection (a)(4)’’.
3 SEC. 1804. ENERGY EFFICIENT PUBLIC BUILDINGS.
4 (a) GRANTS.—Section 125(a) of the Energy Policy
5 Act of 2005 (42 U.S.C. 15822(a)) is amended—
6 (1) in paragraph (1)—
7 (A) by inserting ‘‘Standard 90.1 of the
8 American Society of Heating, Refrigerating,
9 and Air-Conditioning Engineers,’’ after ‘‘the
10 International Energy Conservation Code,’’; and
11 (B) by striking ‘‘; or’’ and inserting a
12 semicolon;
13 (2) in paragraph (2), by striking the period at
14 the end and inserting ‘‘; or’’; and
15 (3) by adding at the end the following:
16 ‘‘(3) through benchmarking programs to enable
17 use of building performance data to evaluate the
18 performance of energy efficiency investments over
19 time.’’.
20 (b) ASSURANCE OF IMPROVEMENT.—Section 125 of
21 the Energy Policy Act of 2005 (42 U.S.C. 15822) is
22 amended by redesignating subsections (b) and (c) as sub-
23 sections (c) and (d), respectively, and inserting after sub-
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24 section (a) the following:
25 ‘‘(b) ASSURANCE OF IMPROVEMENT.—
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1 ‘‘(1) VERIFICATION.—A State agency receiving
2 a grant for activities described in paragraph (1) or
3 (2) of subsection (a) shall ensure, as a condition of
4 eligibility for assistance pursuant to such grant, that
5 a unit of local government receiving such assistance
6 obtain third-party verification of energy efficiency
7 improvements in each public building with respect to
8 which such assistance is used.
9 ‘‘(2) GUIDANCE.—The Secretary may provide
10 guidance to State agencies to comply with paragraph
11 (1). In developing such guidance, the Secretary shall
12 consider available third-party verification tools for
13 high-performing buildings and available third-party
14 verification tools for energy efficiency retrofits.’’.
15 (c) ADMINISTRATION.—Section 125(c) of the Energy
16 Policy Act of 2005, as so redesignated, is amended—
17 (1) in the matter preceding paragraph (1), by
18 striking ‘‘State energy offices receiving grants’’ and
19 inserting ‘‘A State agency receiving a grant’’;
20 (2) in paragraph (1), by striking ‘‘; and’’ and
21 inserting a semicolon;
22 (3) in paragraph (2), by striking the period at
23 the end and inserting ‘‘; and’’; and
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24 (4) by adding at the end the following:
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1 ‘‘(3) ensure that all laborers and mechanics em-
2 ployed by contractors and subcontractors in the per-
3 formance of construction, alteration, or repair work
4 financed in whole or in part with assistance received
5 pursuant to this section shall be paid wages at rates
6 not less than those prevailing on projects of a simi-
7 lar character in the locality, as determined by the
8 Secretary of Labor in accordance with subchapter
9 IV of chapter 31 of title 40, United States Code
10 (and with respect to such labor standards, the Sec-
11 retary of Labor shall have the authority and func-
12 tions set forth in Reorganization Plan Numbered 14
13 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
14 3145 of title 40, United States Code).’’.
15 (d) AUTHORIZATION OF APPROPRIATIONS.—Section
16 125(d) of the Energy Policy Act of 2005, as so redesig-
17 nated, is amended by striking ‘‘$30,000,000 for each of
18 fiscal years 2006 through 2010’’ and inserting
19 ‘‘$100,000,000 for each of fiscal years 2021 through
20 2025’’.
21 SEC. 1805. SMART BUILDINGS.
22 (a) DEFINITIONS.—In this section:
23 (1) FRONTLINE COMMUNITY.—The term
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24 ‘‘frontline community’’ means a community with sig-
25 nificant representation of communities of color, low-
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1 income communities, or Tribal and indigenous com-
2 munities, that experiences, or is at risk of experi-
3 encing, higher or more adverse human health or en-
4 vironmental effects.
5 (2) SECRETARY.—The term ‘‘Secretary’’ means
6 the Secretary of Energy.
7 (3) SMART BUILDING.—The term ‘‘smart build-
8 ing’’ means a building, or collection of buildings,
9 with an energy system that—
10 (A) is flexible and automated in its energy
11 demand and usage in response to changes asso-
12 ciated with the environment, occupant behav-
13 iors, building conditions, and other events;
14 (B) has monitoring, diagnostics, control,
15 and communication connectivity that enables
16 analysis and control of energy consumption and
17 generation;
18 (C) has a systems-based approach to inte-
19 grating the overall building operations for con-
20 trol of energy demand, generation, and storage;
21 (D) has the ability to share information
22 with utilities or other third-party entities, as
23 appropriate in order to coordinate building en-
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24 ergy assets to support energy system reliability
25 and resilience;
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1 (E) supports the health and safety of occu-
2 pants; or
3 (F) incorporates cybersecurity protections.
4 (b) FEDERAL SMART BUILDING PROGRAM.—
5 (1) ESTABLISHMENT.—Not later than 1 year
6 after the date of enactment of this Act, the Sec-
7 retary shall, in consultation with the Administrator
8 of General Services, establish a program to be
9 known as the ‘‘Federal Smart Building Program’’—
10 (A) to implement smart building tech-
11 nology; and
12 (B) to demonstrate the costs and benefits
13 of smart buildings.
14 (2) SELECTION.—
15 (A) IN GENERAL.—The Secretary shall co-
16 ordinate the selection of not fewer than 1 build-
17 ing from among each of several key Federal
18 agencies, as described in paragraph (4), to com-
19 pose an appropriately diverse set of smart
20 buildings based on size, type, and geographic lo-
21 cation.
22 (B) INCLUSION OF COMMERCIALLY OPER-
23 ATED BUILDINGS.—In making selections under
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24 subparagraph (A), the Secretary may include
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1 buildings that are owned by the Federal Gov-
2 ernment but are commercially operated.
3 (3) TARGETS.—Not later than 18 months after
4 the date of enactment of this Act, the Secretary
5 shall establish targets for the number of smart
6 buildings to be commissioned and evaluated by key
7 Federal agencies by 3 years and 6 years after the
8 date of enactment of this Act.
9 (4) FEDERAL AGENCY DESCRIBED.—The key
10 Federal agencies referred to paragraph (2)(A) shall
11 include buildings operated by—
12 (A) the Department of the Army;
13 (B) the Department of the Navy;
14 (C) the Department of the Air Force;
15 (D) the Department of Energy;
16 (E) the Department of the Interior;
17 (F) the Department of Veterans Affairs;
18 and
19 (G) the General Services Administration.
20 (5) REQUIREMENT.—In implementing the pro-
21 gram established under this subsection, the Sec-
22 retary shall leverage existing financing mechanisms,
23 including energy savings performance contracts, util-
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24 ity energy service contracts, and annual appropria-
25 tions.
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1 (6) EVALUATION.—Using the guidelines of the
2 Federal Energy Management Program relating to
3 whole-building evaluation, measurement, and
4 verification, the Secretary shall evaluate the costs
5 and benefits of the buildings selected under para-
6 graph (2), including an identification of—
7 (A) which advanced building tech-
8 nologies—
9 (i) are most cost-effective; and
10 (ii) show the most promise for—
11 (I) increasing building energy
12 savings;
13 (II) increasing service perform-
14 ance to building occupants;
15 (III) reducing environmental im-
16 pacts; and
17 (IV) establishing cybersecurity;
18 and
19 (B) any other information the Secretary
20 determines to be appropriate.
21 (7) AWARDS.—The Secretary may expand
22 awards made under the Federal Energy Manage-
23 ment Program and the Better Building Challenge to
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24 recognize specific agency achievements in accel-
25 erating the adoption of smart building technologies.
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1 (c) SURVEY OF PRIVATE SECTOR SMART BUILD-
2 INGS.—
3 (1) SURVEY.—The Secretary shall conduct a
4 survey of privately owned smart buildings through-
5 out the United States, including commercial build-
6 ings, laboratory facilities, hospitals, multifamily resi-
7 dential buildings, and buildings owned by nonprofit
8 organizations and institutions of higher education.
9 (2) SELECTION.—From among the smart build-
10 ings surveyed under paragraph (1), the Secretary
11 shall select not fewer than 1 building each from an
12 appropriate range of building sizes, types, and geo-
13 graphic locations.
14 (3) EVALUATION.—Using the guidelines of the
15 Federal Energy Management Program relating to
16 whole-building evaluation, measurement, and
17 verification, the Secretary shall evaluate the costs
18 and benefits of the buildings selected under para-
19 graph (2), including an identification of—
20 (A) which advanced building technologies
21 and systems—
22 (i) are most cost-effective; and
23 (ii) show the most promise for—
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24 (I) increasing building energy
25 savings;
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1 (II) increasing service perform-
2 ance to building occupants;
3 (III) reducing environmental im-
4 pacts; and
5 (IV) establishing cybersecurity;
6 and
7 (B) any other information the Secretary
8 determines to be appropriate.
9 (d) LEVERAGING EXISTING PROGRAMS.—
10 (1) BETTER BUILDINGS PROGRAM.—
11 (A) BETTER BUILDINGS CHALLENGE.—
12 The Secretary shall carry out a program to pro-
13 vide technical assistance for entities to set and
14 achieve goals to improve energy efficiency, re-
15 duce greenhouse gas emissions and emissions of
16 other pollutants, and reduce embodied carbon
17 in commercial and residential buildings through
18 the commercial application of relevant tools and
19 technologies. In carrying out this program, the
20 Secretary shall—
21 (i) identify opportunities for opti-
22 mizing energy efficiency, demand manage-
23 ment, and increasing emissions reductions
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24 in buildings to achieve net-zero energy or
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1 energy-generating buildings, including
2 through electrification;
3 (ii) promote the commercial applica-
4 tion of emerging concepts and technologies
5 in buildings;
6 (iii) share best practices from success-
7 ful projects; and
8 (iv) ensure a diversity of entities re-
9 ceive technical assistance, including low-in-
10 come and rural communities.
11 (B) BETTER BUILDINGS ACCELERATOR.—
12 In carrying out the program under subpara-
13 graph (A), the Secretary shall develop smart
14 building accelerators that will demonstrate in-
15 novative policies and approaches to accelerate
16 the transition to smart buildings in the public,
17 institutional, laboratory, industrial, commercial,
18 and residential sectors, including in rural, low-
19 income, and multi-family housing.
20 (C) BUILDING AMERICA PROGRAM.—The
21 Secretary shall carry out a research, develop-
22 ment, and demonstration program on tools,
23 technologies, and techniques to reduce energy
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24 use and emissions in new and existing residen-
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1 tial buildings, in partnership with industry enti-
2 ties.
3 (2) RESEARCH AND DEVELOPMENT.—
4 (A) IN GENERAL.—Not later than 180
5 days after the date of enactment of this Act,
6 the Secretary shall establish a program of re-
7 search, development, demonstration, and com-
8 mercial application to develop cost-effective
9 tools, technologies, and practices that reduce
10 greenhouse gas emissions or other pollutants
11 from, increase the energy efficiency of, and in-
12 crease beneficial electrification of new and exist-
13 ing commercial and residential buildings, in-
14 cluding retrofits and electrification of existing
15 buildings, rural housing, low-income housing,
16 multi-family housing, and manufactured hous-
17 ing.
18 (B) ENERGY EQUITY.—The Secretary shall
19 carry out research to identify barriers to and
20 strategies for expanding the use of low-emis-
21 sions and energy-efficient building technologies
22 and appliances in the buildings where members
23 of frontline communities live and work. Re-
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24 search topics covered under this subparagraph
25 may include—
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1 (i) barriers to the use of technologies
2 developed under this subsection in rural,
3 low-income, and multi-family housing;
4 (ii) causes of and solutions for inequi-
5 table energy costs in residential buildings
6 based on race or class; and
7 (iii) solutions that enable energy-effi-
8 cient homes while keeping housing afford-
9 able for low-income communities.
10 (C) NON-TECHNICAL BARRIERS.—The Sec-
11 retary shall support research and analysis to
12 identify non-technical barriers, and methods to
13 address such barriers, to enable greater use of
14 tools and technologies developed under this sub-
15 section in new and existing commercial and res-
16 idential buildings, including rural housing, low-
17 income housing, and multi-family housing.
18 (D) ADVANCED BUILDING CONSTRUCTION,
19 DESIGN, AND RETROFITS.—As part of the pro-
20 gram established under subparagraph (A), the
21 Secretary shall support research and develop-
22 ment on technologies and methodologies to en-
23 able advanced building design, construction
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24 techniques, and retrofits. In supporting re-
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1 search and development under subparagraph
2 (A), the Secretary shall—
3 (i) include considerations of a full
4 lifecycle analysis during building design,
5 manufacturing, and construction, including
6 environmental considerations, embodied en-
7 ergy and embodied carbon in building ma-
8 terials, transportation of materials, and
9 implications for final disposal and recy-
10 cling;
11 (ii) incorporate principles of resilient
12 building design and construction through
13 the consideration of regional differences
14 in—
15 (I) climate, season, temperature,
16 and precipitation in consultation with
17 the National Oceanic and Atmospheric
18 Administration; and
19 (II) fuel mix and energy produc-
20 tion, including through the develop-
21 ment of vulnerability assessments and
22 analysis of building resilience for pro-
23 posed building designs, building sites,
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24 or existing buildings;
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1 (iii) support research and development
2 on the use of various potential energy
3 sources and distributed generation to sup-
4 ply cooling, heating, and power for build-
5 ings, including integrated and adaptive
6 control solutions that address traditional
7 building energy management and emerging
8 technologies, such as batteries, thermal
9 storage, and combined heat and power,
10 compatible with all sizes of buildings;
11 (iv) support the development and inte-
12 gration of technologies that enable low-
13 emissions and energy-efficient or advanced
14 buildings, such as heating, ventilation, air-
15 conditioning, and refrigeration systems and
16 other appliances that are cost-competitive
17 over the life of the product as compared to
18 conventional technologies and that incor-
19 porate considerations of retrofitting and
20 ease of installation, using a whole-systems
21 and whole-buildings approach;
22 (v) support the development and inte-
23 gration of cost-effective next-generation
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24 window and building envelope technologies
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1 that incorporate considerations of retro-
2 fitting and ease of installation;
3 (vi) support development of alter-
4 native working fluids and refrigerants for
5 use in buildings equipment to reduce their
6 impact on climate change; and
7 (vii) research methods to enhance
8 comfort and health of individual occupants
9 in buildings that also result in improved
10 energy efficiency and emissions reductions,
11 including indoor air pollution.
12 (E) GRID-INTERACTIVE BUILDINGS.—As
13 part of the program established under subpara-
14 graph (A), the Secretary shall support research
15 and development to enable components of com-
16 mercial and residential buildings to serve as dy-
17 namic energy loads and energy resources to en-
18 able smart building designs. In particular, the
19 Secretary shall focus on the development of—
20 (i) advanced building energy manage-
21 ment systems through the integration of
22 sensors and advanced control technologies
23 and systems that allow whole-building opti-
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24 mization and integration with other energy
25 systems, including photovoltaics, electric
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1 vehicles, and energy storage technologies
2 such as thermal storage;
3 (ii) cost-effective sensors that enable
4 monitoring of building conditions and en-
5 ergy load, including, as appropriate, re-
6 porting energy use and forecasting energy
7 needs;
8 (iii) improved analysis of data on the
9 energy use of devices connected to build-
10 ings, including miscellaneous electric loads;
11 (iv) advanced control technologies and
12 systems that enable flexible operation of
13 building components and that are capable
14 of coordinating and executing energy con-
15 trol commands in response to signals from
16 the electric grid;
17 (v) flexible building components capa-
18 ble of reporting and modulating energy use
19 in response to control commands, as ap-
20 propriate;
21 (vi) data analysis and communication
22 protocols to further systems integration,
23 interoperability, and automation;
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1 (vii) building energy storage capabili-
2 ties to modulate peak and off-peak energy
3 demand;
4 (viii) distributed energy resources at
5 the community- and building-level through
6 localized electric grids;
7 (ix) technologies to reduce energy use
8 and emissions in connected communities
9 and neighborhoods located in a variety of
10 climates, including by enabling transactive
11 energy concepts; and
12 (x) cybersecurity practices that pro-
13 tect privacy and personally identifiable in-
14 formation.
15 (F) MODELING AND DATA ANALYSIS.—As
16 part of the program established under subpara-
17 graph (A), the Secretary shall support the de-
18 velopment of building models, including for the
19 design and operation of buildings, and the anal-
20 ysis of relevant data to enable smart buildings.
21 In particular, the Secretary shall focus on the
22 development of—
23 (i) advanced modeling capabilities that
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24 include modeling of grid interactivity, resil-
25 ience, and relevant behavioral, community-
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1 scale, and urban-scale activities in order
2 to—
3 (I) provide system-level analysis
4 of new technologies, including distrib-
5 uted generation and storage;
6 (II) evaluate system benefits such
7 as emissions reductions, community
8 resilience, distribution grid reliability,
9 and service to underserved commu-
10 nities;
11 (III) provide data, derived from
12 both simulation and demonstration
13 projects established under subpara-
14 graph (G), to inform decision support
15 and new business models; and
16 (ii) automated methods to generate
17 models of proposed or existing buildings;
18 (iii) methods to address barriers, in-
19 cluding non-technical barriers, to commer-
20 cial application of building models for
21 building operation;
22 (iv) methods to analyze data collected
23 by technologies in smart buildings and col-
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24 lections of buildings;
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1 (v) artificial intelligence and machine
2 learning approaches to building energy
3 management; and
4 (vi) advanced data collection and mon-
5 itoring methods for utilities at the building
6 level and component level.
7 (G) DEMONSTRATION PROGRAM.—The
8 Secretary shall establish a competitive grant
9 program for the demonstration of advanced
10 building technologies and systems developed
11 under the program established under subpara-
12 graph (A) that—
13 (i) focuses on a range of new and ex-
14 isting building types, including low-income
15 housing, rural housing and agricultural
16 buildings, multi-family residential build-
17 ings, manufactured housing, and small and
18 medium-sized commercial buildings; and
19 (ii) includes community-scale dem-
20 onstration projects.
21 (H) TESTING AND VALIDATION.—In car-
22 rying out the program under subparagraph (A),
23 the Secretary shall—
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24 (i) support testing and validation ac-
25 tivities to improve the commercial applica-
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1 tion of relevant tools, technologies, and
2 methods, including the use of testbeds to
3 determine cost savings and performance in
4 realistic scenarios; and
5 (ii) support analysis, testing, and vali-
6 dation to accurately determine energy sav-
7 ings, emissions reductions, cost-savings,
8 and other potential impacts of the highest-
9 performing appliances that are commer-
10 cially available.
11 (I) PARTNERSHIPS.—In carrying out the
12 activities authorized in this subsection, the Sec-
13 retary shall work with utilities, State and local
14 energy offices, building owners, technology de-
15 velopers, contractors, building developers, and
16 other relevant entities to guide the focus areas
17 of the activities of the program carried out
18 under subparagraph (A) and to encourage the
19 commercial application of these technologies by
20 building owners, operators, developers, occu-
21 pants, contractors, or other relevant entities.
22 (J) COORDINATION.—In carrying out this
23 subsection, the Secretary shall coordinate across
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24 all relevant program offices at the Department
25 of Energy, including the Office of Electricity,
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1 the Advanced Manufacturing Office, the Vehicle
2 Technologies Office, the Geothermal Tech-
3 nologies Office, and the Office of Cybersecurity,
4 Energy Security, and Emergency Response.
5 (e) REPORT.—Not later than 2 years after the date
6 of enactment of this Act, and every 2 years thereafter until
7 a total of 3 reports have been made, the Secretary shall
8 submit to the Committee on Energy and Natural Re-
9 sources of the Senate and the Committee on Energy and
10 Commerce and the Committee on Science, Space, and
11 Technology of the House of Representatives a report on—
12 (1) the establishment of the Federal Smart
13 Building Program and the evaluation of Federal
14 smart buildings under subsection (b);
15 (2) the survey and evaluation of private sector
16 smart buildings under subsection (c); and
17 (3) any recommendations of the Secretary to
18 further accelerate the transition to smart buildings.
19 SEC. 1806. WATER HEATERS.
20 (a) DEFINITION OF WATER HEATER.—Section 321
21 of the Energy Policy and Conservation Act (42 U.S.C.
22 6291) is amended by striking paragraph (27) and insert-
23 ing the following:
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24 ‘‘(27) WATER HEATER.—
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1 ‘‘(A) IN GENERAL.—The term ‘water heat-
2 er’ means a product that utilizes oil, gas, or
3 electricity to heat potable water for use outside
4 the heater on demand, including—
5 ‘‘(i) storage type units that heat and
6 store water at a thermostatically controlled
7 temperature, including—
8 ‘‘(I) gas storage water heaters
9 with an input of 75,000 Btu per hour
10 or less, including heat pump type
11 units that meet the current and volt-
12 age limits under clause (iii);
13 ‘‘(II) oil storage water heaters
14 with an input of 105,000 Btu per
15 hour or less; and
16 ‘‘(III) electric storage water heat-
17 ers with an input of 12 kilowatts or
18 less, including heat pump type units
19 that meet the current and voltage lim-
20 its under clause (iii);
21 ‘‘(ii)(I) instantaneous type units that
22 heat water but contain not more than 1
23 gallon of water per 4,000 Btu per hour of
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24 input; and
25 ‘‘(II) in the case of—
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1 ‘‘(aa) gas instantaneous
2 water heaters, have an input of
3 200,000 Btu per hour or less and
4 are designed and marketed to
5 provide outlet hot water at a
6 thermostatically controlled tem-
7 perature of less than 180 degrees
8 Fahrenheit;
9 ‘‘(bb) oil instantaneous
10 water heaters, have an input of
11 210,000 Btu per hour or less;
12 and
13 ‘‘(cc) electric instantaneous
14 water heaters, have an input of
15 12 kilowatts or less;
16 ‘‘(iii) heat pump type units (including
17 add-on heat pumps, integrated heat pumps
18 with storage, split-system heat pumps that
19 consist of a separate heat pump and stor-
20 age tank that are designed and marketed
21 to operate together, and all ancillary equip-
22 ment, such as fans, storage tanks, pumps,
23 electric resistance heating elements, or
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24 controls necessary for the device to per-
25 form its function) that—
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1 ‘‘(I) have a maximum current
2 rating of 24 amperes at a voltage not
3 greater than 250 volts; and
4 ‘‘(II) are designed to transfer
5 thermal energy from 1 temperature
6 level to a different temperature level
7 for the purpose of heating water;
8 ‘‘(iv) solar thermal-assisted electric
9 storage units; and
10 ‘‘(v) solar thermal-assisted fossil fuel
11 storage units.
12 ‘‘(B) EXCLUSIONS.—Unless otherwise de-
13 termined by the Secretary under section
14 325(e)(7)(B), the term ‘water heater’ does not
15 include—
16 ‘‘(i) electric storage type units de-
17 scribed in subparagraph (A)(i)(III) that—
18 ‘‘(I) are designed and marketed
19 exclusively for commercial building
20 applications; and
21 ‘‘(II)(aa) are designed, con-
22 structed, inspected, tested, and
23 stamped in accordance with Section
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24 IV, Part HLW, or Section X of the
25 Boiler and Pressure Vessel Code pro-
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1 mulgated by the American Society of
2 Mechanical Engineers;
3 ‘‘(bb) exclusively use 3-phase
4 electricity, are designed and mar-
5 keted to provide outlet hot water
6 at a thermostatically controlled
7 temperature of 180 degrees
8 Fahrenheit or greater, and oper-
9 ate only at rated voltages of not
10 less than 208 volts; or
11 ‘‘(cc) exclusively use single-
12 phase electricity, are designed
13 and marketed to provide outlet
14 hot water at a thermostatically
15 controlled temperature of 180 de-
16 grees Fahrenheit or greater, and
17 operate only at a rated voltage of
18 277 volts; or
19 ‘‘(ii) gas storage type units described
20 in subparagraph (A)(i)(I) that—
21 ‘‘(I) are designed and marketed
22 exclusively for commercial building
23 applications; and
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24 ‘‘(II) are designed, constructed,
25 inspected, tested, and stamped in ac-
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1 cordance with Section IV, Part HLW,
2 of the Boiler and Pressure Vessel
3 Code promulgated by the American
4 Society of Mechanical Engineers.
5 ‘‘(C) MULTI-INPUT ELECTRIC STORAGE
6 WATER HEATER.—The term ‘multi-input elec-
7 tric storage water heater’ means a product
8 that—
9 ‘‘(i) is not a heat pump type unit de-
10 scribed in subparagraph (A)(iii); and
11 ‘‘(ii) is designed, marketed, or shipped
12 from the manufacturer with a capability of
13 operating or being configured to operate at
14 inputs greater than, equal to, or below 12
15 kilowatts.
16 ‘‘(D) SOLAR THERMAL-ASSISTED ELECTRIC
17 STORAGE UNIT.—The term ‘solar thermal-as-
18 sisted electric storage unit’ means a unit that—
19 ‘‘(i) has an input of 12 kilowatts or
20 less;
21 ‘‘(ii) has at least 2 dedicated ports in
22 addition to the ports used for introduction
23 and delivery of potable water for the sup-
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24 ply and return of water or a heat transfer
25 fluid heated externally by solar panels;
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1 ‘‘(iii) does not have electric resistance
2 heating elements located in the lower half
3 of the storage tank;
4 ‘‘(iv) has the temperature sensing de-
5 vice that controls the auxiliary electric heat
6 source located in the upper half of the
7 storage tank; and
8 ‘‘(v) has a ratio of less than 0.70 for
9 the proportion that the certified first hour
10 rating bears to the nominal volume of the
11 storage tank.’’.
12 (b) STANDARDS FOR WATER HEATERS.—Section
13 325(e) of the Energy Policy and Conservation Act (42
14 U.S.C. 6295(e)) is amended by adding at the end the fol-
15 lowing:
16 ‘‘(7) EXEMPTED WATER HEATERS.—
17 ‘‘(A) DEFINITION OF EXEMPTED WATER
18 HEATER.—In this paragraph, the term ‘exempt-
19 ed water heater’ means a water heater de-
20 scribed in section 321(27)(B).
21 ‘‘(B) MONITORING OF SHIPMENTS.—
22 ‘‘(i) SUBMISSION OF DATA.—Not later
23 than 90 days after the date of enactment
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24 of this paragraph, and not later than May
25 1 of each year thereafter, the Secretary
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1 shall require each manufacturer of water
2 heaters to report to the Secretary the
3 quantity of exempted water heaters, in
4 each category of exempted water heaters,
5 that the manufacturer shipped in the pre-
6 ceding calendar year.
7 ‘‘(ii) CONFIDENTIALITY REQUIRE-
8 MENTS.—The Secretary shall treat ship-
9 ment data reported by manufacturers
10 under clause (i) as confidential business in-
11 formation subject to appropriate confiden-
12 tial data safeguards.
13 ‘‘(iii) PUBLICATION.—
14 ‘‘(I) BASELINE SHIPMENT
15 DATA.—Not later than 120 days after
16 the date of enactment of this para-
17 graph, the Secretary shall publish an
18 analysis of the data collected under
19 clause (i) for public comment, subject
20 to applicable confidentiality safe-
21 guards, which shall serve as the base-
22 line data for the analysis described in
23 subclause (II)(bb).
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24 ‘‘(II) PERCENTAGE GROWTH
25 FROM BASELINE.—Not later than
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1 June 1 of each year after the year in
2 which the Secretary publishes data
3 under subclause (I), the Secretary
4 shall publish—
5 ‘‘(aa) an analysis of the data
6 collected under clause (i) for pub-
7 lic comment, subject to applicable
8 confidentiality safeguards;
9 ‘‘(bb) the percentage growth
10 in the number of shipments with-
11 in each category of exempted
12 water heater relative to the base-
13 line data described in subclause
14 (I); and
15 ‘‘(cc) the determination of
16 the Secretary as to whether the
17 number of shipments for any cat-
18 egory of exempted water heater
19 have increased by more than 25
20 percent compared to the baseline
21 data for that category.
22 ‘‘(C) INCLUSION OF EXEMPTED WATER
23 HEATERS.—
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24 ‘‘(i) IN GENERAL.—The Secretary
25 shall, by regulation, revise the definition of
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1 water heater under section 321(27) to in-
2 clude an exempted water heater under sub-
3 paragraph (A) of that section if the Sec-
4 retary makes an affirmative determination
5 under subparagraph (B)(iii)(II)(cc) for
6 that category of exempted water heater.
7 ‘‘(ii) ENERGY CONSERVATION STAND-
8 ARDS.—Any category of exempted water
9 heater included in the definition of water
10 heater under clause (i) shall be required to
11 meet the energy conservation standards
12 applicable to an electric or gas storage type
13 water heater under this part.
14 ‘‘(iii) EFFECTIVE DATE.—For any
15 category of exempted water heater, the
16 Secretary shall carry out clause (i), and re-
17 quire compliance under clause (ii), not
18 later than 1 year after the date on which
19 the Secretary makes the affirmative deter-
20 mination described in clause (i) for that
21 category.
22 ‘‘(8) STANDARDS FOR MULTI-INPUT ELECTRIC
23 STORAGE WATER HEATERS.—A multi-input electric
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24 storage water heater shall be subject to the test pro-
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1 cedures, energy conservation standards, labeling (if
2 applicable), and certification requirements—
3 ‘‘(A) for electric storage water heaters
4 under this part; and
5 ‘‘(B) for storage water heaters under part
6 C.
7 ‘‘(9) TECHNOLOGY-NEUTRAL ELECTRIC STOR-
8 AGE WATER HEATER STANDARDS.—Notwithstanding
9 any other provision of this Act, the Secretary may
10 not create separate product classes for heat pump
11 water heaters and other electric storage water heat-
12 ers.’’.
13 (c) DEFINITION OF COMMERCIAL WATER HEATER.—
14 Section 340 of the Energy Policy and Conservation Act
15 (42 U.S.C. 6311) is amended by striking paragraph (12)
16 and inserting the following:
17 ‘‘(12)(A) STORAGE WATER HEATER.—
18 ‘‘(i) IN GENERAL.—The term ‘storage
19 water heater’ means a water heater that—
20 ‘‘(I) heats and stores water with-
21 in an appliance at a thermostatically
22 controlled temperature for delivery on
23 demand; and
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24 ‘‘(II) is not a water heater de-
25 scribed in section 321(27)(A).
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1 ‘‘(ii) EXCLUSION.—The term ‘storage
2 water heater’ does not include a unit with
3 an input rating of 4,000 Btu per hour or
4 more per gallon of stored water.
5 ‘‘(B) INSTANTANEOUS WATER HEATER.—
6 The term ‘instantaneous water heater’ means a
7 water heater that—
8 ‘‘(i) has an input rating of at least
9 4,000 Btu per hour per gallon of stored
10 water; and
11 ‘‘(ii) is not a water heater described in
12 section 321(27)(A).
13 ‘‘(C) UNFIRED HOT WATER STORAGE
14 TANK.—The term ‘unfired hot water storage
15 tank’ means a tank used to store water that is
16 heated externally.’’.
17 (d) LABELING REQUIREMENTS.—Section 344 of the
18 Energy Policy and Conservation Act (42 U.S.C. 6315) is
19 amended by adding at the end the following:
20 ‘‘(l) LABELS FOR CERTAIN COMMERCIAL WATER
21 HEATERS.—
22 ‘‘(1) IN GENERAL.—Notwithstanding any other
23 provision of this section, water heaters described in
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24 section 321(27)(B) shall be required to bear a per-
25 manent label, applied at the point of manufacture,
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1 that, subject to paragraph (3), satisfies the require-
2 ments described in paragraph (2).
3 ‘‘(2) REQUIREMENTS.—A label required under
4 paragraph (1) shall—
5 ‘‘(A) be made of material not adversely af-
6 fected by water;
7 ‘‘(B) be attached by means of nonwater-
8 soluble adhesive; and
9 ‘‘(C) bear the following notice printed in
10 16.5 point Arial Narrow Bold font: ‘IMPOR-
11 TANT INFORMATION: Exclusively intended
12 for commercial installations. This model is not
13 certified by the U.S. Department of Energy as
14 a residential water heater. This model does not
15 have a certified First Hour or UEF rating.’.
16 ‘‘(3) REVISION UPON PETITION.—On receipt of
17 a petition by an interested party, the Secretary may
18 conduct a rulemaking to revise the scope and re-
19 quirements of the label required under paragraph
20 (1).’’.
21 (e) EFFECTIVE DATE.—This section and the amend-
22 ments made by this section shall take effect 180 days after
23 the date of enactment of this Act.
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1 SEC. 1807. REBATE PROGRAM FOR ENERGY EFFICIENT
2 ELECTROTECHNOLOGIES.
3 (a) DEFINITIONS.—In this section:
4 (1) ENERGY EFFICIENT
5 ELECTROTECHNOLOGY.—The term ‘‘energy efficient
6 electrotechnology’’ means—
7 (A) any electric technology that, when used
8 instead of a fossil fuel-fired technology in an in-
9 dustrial process results in—
10 (i) energy efficiency, or production ef-
11 ficiency, gains; or
12 (ii) environmental benefits; or
13 (B) any electric technology that, when used
14 instead of a fossil fuel-fired technology in an in-
15 dustrial application results in—
16 (i) improvements in on-site logistics or
17 material handling; and
18 (ii) energy efficiency gains and envi-
19 ronmental benefits.
20 (2) QUALIFIED ENTITY.—The term ‘‘qualified
21 entity’’ means an industrial or manufacturing facil-
22 ity, commercial building, or a utility or energy serv-
23 ice company.
24 (3) SECRETARY.—The term ‘‘Secretary’’ means
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25 the Secretary of Energy.
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1 (b) ESTABLISHMENT.—Not later than 90 days after
2 the date of enactment of this Act, the Secretary shall es-
3 tablish a program to provide rebates in accordance with
4 this section.
5 (c) REBATES.—The Secretary may provide a rebate
6 under the program established under subsection (b) to the
7 owner or operator of a qualified entity for expenditures
8 made by the owner or operator of the qualified entity for
9 an energy efficient electrotechnology that is used to re-
10 place a fossil fuel-fired technology.
11 (d) REQUIREMENTS.—To be eligible to receive a re-
12 bate under this section, the owner or operator of a quali-
13 fied entity shall submit to the Secretary an application
14 demonstrating—
15 (1) that the owner or operator of the qualified
16 entity purchased an energy efficient
17 electrotechnology;
18 (2) the energy efficiency gains, production effi-
19 ciency gains, and environmental benefits, as applica-
20 ble, resulting from use of the energy efficient
21 electrotechnology—
22 (A) as measured by a qualified professional
23 or verified by the energy efficient
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24 electrotechnology manufacturer, as applicable;
25 or
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1 (B) as determined by the Secretary;
2 (3) that the fossil fuel-fired technology replaced
3 by the energy efficient electrotechnology has been
4 permanently decommissioned and scrapped; and
5 (4) that all laborers and mechanics who were
6 involved in the installation or maintenance, or con-
7 struction or renovation to support such installation
8 or maintenance, of the energy efficient
9 electrotechnology, or the decommissioning and scrap-
10 ping of the fossil fuel-fired technology replaced by
11 the energy efficient electrotechnology, and who were
12 employed by the owner or operator of the qualified
13 entity, or contractors or subcontractors at any tier
14 thereof, were paid wages at rates not less than those
15 prevailing on projects of a character similar in the
16 locality as determined by the Secretary of Labor in
17 accordance with subchapter IV of chapter 31 of title
18 40, United States Code (commonly referred to as
19 the ‘‘Davis-Bacon Act’’).
20 (e) LIMITATION.—The Secretary may not provide a
21 rebate under the program established under subsection (b)
22 to an owner or operator of a qualified entity for expendi-
23 tures made by the owner or operator of the qualified entity
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24 for an energy efficient electrotechnology that is used to
25 replace a fossil fuel-fired technology if the Secretary deter-
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1 mines that such expenditures were necessary for the owner
2 or operator to comply with Federal or State law.
3 (f) AUTHORIZED AMOUNT OF REBATE.—The amount
4 of a rebate provided under this section shall be not less
5 than 30 percent, and not more than 50 percent, of the
6 overall cost of the energy efficient electrotechnology, in-
7 cluding installation costs.
8 (g) AUTHORIZATION OF APPROPRIATIONS.—There is
9 authorized to be appropriated to carry out this section
10 $100,000,000 for each of fiscal years 2021 through 2025.
11 SEC. 1808. REMOVING BARRIERS TO EFFICIENCY.
12 (a) IN GENERAL.—Section 327 of the Energy Policy
13 and Conservation Act (42 U.S.C. 6297) is amended by
14 adding at the end the following:
15 ‘‘(h) SUSPENSION OF PREEMPTION.—This section
16 shall not apply to a covered product during any period
17 that—
18 ‘‘(1) begins on the date that is 8 years after the
19 date on which the energy conservation standard was
20 established under section 325 for the covered prod-
21 uct; and
22 ‘‘(2) ends on the effective date of an energy
23 conservation standard established after the date de-
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24 scribed in paragraph (1) under section 325 for the
25 covered product, that is equivalent to, or more strin-
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1 gent than, the standard described in such para-
2 graph.
3 ‘‘(i) NO PREEMPTION ABSENT A FEDERAL STAND-
4 ARD.—
5 ‘‘(1) APPLICATION.—Notwithstanding any other
6 provision of this part, this section does not apply to
7 any State regulation insofar as the State regulation
8 applies to any product not subject to an energy con-
9 servation standard established under section 325.
10 ‘‘(2) COMPLIANCE PERIOD.—Any State regula-
11 tion prescribed or enacted for a covered product be-
12 fore the date on which an energy conservation stand-
13 ard is established under section 325 for the covered
14 product shall not be preempted until the effective
15 date of an equivalent or more stringent energy con-
16 servation standard under section 325 for the covered
17 product.’’.
18 (b) ASHRAE PRODUCTS.—Section 345(b)(2) of the
19 Energy Policy and Conservation Act (42 U.S.C.
20 6316(b)(2)) is amended by adding at the end the fol-
21 lowing:
22 ‘‘(E) Notwithstanding subparagraph (A), a standard
23 prescribed or established under section 342(a) shall not
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24 supersede any State or local regulation concerning the en-
25 ergy efficiency or energy use of a product for which a
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1 standard is prescribed or established pursuant to such sec-
2 tion during any period that—
3 ‘‘(i) begins on the date that is 8 years after the
4 date on which such standard was prescribed or es-
5 tablished; and
6 ‘‘(ii) ends on the effective date of a standard
7 prescribed or established after the date described in
8 clause (i) under section 342(a) for the product, that
9 is equivalent to, or more stringent than, the stand-
10 ard described in such clause.’’.
11 SEC. 1809. HOME WILDFIRE RISK REDUCTION REBATE PRO-
12 GRAM.
13 (a) IN GENERAL.—The Secretary of Energy shall es-
14 tablish a program, to be known as the ‘‘Home Wildfire
15 Risk Reduction Rebate Program’’, to provide rebates to
16 homeowners to defray the costs of retrofitting an existing
17 home to be wildfire-resistant.
18 (b) AMOUNT OF REBATE.—In carrying out the Home
19 Wildfire Risk Reduction Rebate Program, the Secretary
20 shall provide a homeowner a rebate of up to—
21 (1) $10,000 for the retrofitting of roof features,
22 including the roof covering, vents, soffit and fascia,
23 and gutters, to be wildfire-resistant;
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1 (2) $20,000 for the retrofitting of exterior wall
2 features, including sheathing and siding, doors, and
3 windows, to be wildfire-resistant;
4 (3) $5,000 for the retrofitting of a deck, includ-
5 ing the decking, framing, and fascia, to be wildfire-
6 resistant; and
7 (4) $1,500 for the retrofitting of near-home
8 landscaping, including mulch and landscape fabric in
9 a 5-foot zone immediately around the home and
10 under all attached decks, to be wildfire-resistant.
11 (c) INCLUSION.—For purposes of this section, the
12 cost of a retrofit shall include all costs associated with the
13 retrofit, including the purchase and installation of wild-
14 fire-resistant products and components.
15 (d) LIMITATION.—The amount of the rebate under
16 this section shall not exceed 50 percent of the cost of the
17 retrofit.
18 (e) PROCESS.—
19 (1) FORMS; REBATE PROCESSING SYSTEM.—
20 Not later than 90 days after the date of enactment
21 of this Act, the Secretary, in consultation with the
22 Secretary of the Treasury, shall—
23 (A) develop and make available rebate
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24 forms required to receive a rebate under this
25 section;
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1 (B) establish a Federal rebate processing
2 system which shall serve as a database and in-
3 formation technology system that will allow
4 homeowners to submit required rebate forms;
5 and
6 (C) establish a website that provides infor-
7 mation on rebates provided under this section,
8 including how to determine whether particular
9 measures qualify for a rebate under this section
10 and how to receive such a rebate.
11 (2) SUBMISSION OF FORMS.—In order to re-
12 ceive a rebate under this section, a homeowner shall
13 submit the required rebate forms, and any other in-
14 formation the Secretary determines appropriate, to
15 the Federal rebate processing system established
16 under paragraph (1).
17 (f) MODERATE-INCOME HOUSEHOLDS.—
18 (1) CERTIFICATIONS.—The Secretary shall es-
19 tablish procedures for certifying that the household
20 of a homeowner is moderate-income for purposes of
21 this section.
22 (2) LIMITATION FOR MODERATE INCOME
23 HOUSEHOLDS.—Notwithstanding subsection (d), for
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24 households of homeowners that are certified pursu-
25 ant to the procedures established under paragraph
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1 (1) as moderate-income, the amount of the rebate
2 under this section shall not exceed 80 percent of the
3 cost of the retrofit.
4 (3) OUTREACH.—The Secretary shall establish
5 procedures to—
6 (A) provide information to households of
7 homeowners that are certified pursuant to the
8 procedures established under paragraph (1) as
9 moderate-income regarding other programs and
10 resources relating to assistance for upgrades of
11 homes, including the weatherization assistance
12 program implemented under part A of title IV
13 of the Energy Conservation and Production Act
14 (42 U.S.C. 6861 et seq.); and
15 (B) refer such households, as applicable, to
16 such other programs and resources.
17 (g) DEFINITION.—In this section, the term ‘‘wildfire-
18 resistant’’ means meeting or exceeding the specifications
19 of the International Code Council’s 2018 International
20 Wildland-Urban Interface Code (IWUIC).
21 (h) AUTHORIZATION OF APPROPRIATIONS.—There is
22 authorized to be appropriated to carry out this section
23 $500,000,000 for each of fiscal years 2021 through 2025.
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1 TITLE II—RENEWABLE ENERGY
2 Subtitle A—Energy Storage
3 PART 1—CONSIDERATION OF ENERGY STORAGE
4 SYSTEMS
5 SEC. 2101. CONSIDERATION OF ENERGY STORAGE SYS-
6 TEMS.
7 (a) IN GENERAL.—Section 111(d) of the Public Util-
8 ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d))
9 is amended by adding at the end the following:
10 ‘‘(20) CONSIDERATION OF ENERGY STORAGE
11 SYSTEMS.—Each State shall consider requiring that,
12 as part of a supply side resource planning process,
13 an electric utility of the State demonstrate to the
14 State that the electric utility considered an invest-
15 ment in energy storage systems based on appro-
16 priate factors, including—
17 ‘‘(A) total costs and normalized life cycle
18 costs;
19 ‘‘(B) cost effectiveness;
20 ‘‘(C) improved reliability;
21 ‘‘(D) security; and
22 ‘‘(E) system performance and efficiency.’’.
23 (b) TIME LIMITATIONS.—Section 112(b) of the Pub-
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24 lic Utility Regulatory Policies Act of 1978 (16 U.S.C.
25 2622(b)) is amended by adding at the end the following:
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1 ‘‘(7)(A) Not later than 1 year after the date of
2 enactment of this paragraph, each State regulatory
3 authority (with respect to each electric utility for
4 which the State regulatory authority has ratemaking
5 authority) and each nonregulated electric utility
6 shall commence the consideration referred to in sec-
7 tion 111, or set a hearing date for consideration,
8 with respect to the standard established by para-
9 graph (20) of section 111(d).
10 ‘‘(B) Not later than 2 years after the date of
11 enactment of this paragraph, each State regulatory
12 authority (with respect to each electric utility for
13 which the State regulatory authority has ratemaking
14 authority), and each nonregulated electric utility,
15 shall complete the consideration, and shall make the
16 determination, referred to in section 111 with re-
17 spect to the standard established by paragraph (20)
18 of section 111(d).’’.
19 (c) FAILURE TO COMPLY.—Section 112(c) of the
20 Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
21 2622(c)) is amended by adding at the end the following:
22 ‘‘In the case of the standard established by paragraph (20)
23 of section 111(d), the reference contained in this sub-
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24 section to the date of enactment of this Act shall be
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1 deemed to be a reference to the date of enactment of such
2 paragraph (20).’’.
3 (d) PRIOR STATE ACTIONS.—Section 112 of the Pub-
4 lic Utility Regulatory Policies Act of 1978 (16 U.S.C.
5 2622) is amended by adding at the end the following:
6 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and
7 (c) of this section shall not apply to the standard estab-
8 lished by paragraph (20) of section 111(d) in the case of
9 any electric utility in a State if, before the enactment of
10 this subsection—
11 ‘‘(1) the State has implemented for such utility
12 the standard concerned (or a comparable standard);
13 ‘‘(2) the State regulatory authority for such
14 State or relevant nonregulated electric utility has
15 conducted a proceeding to consider implementation
16 of the standard concerned (or a comparable stand-
17 ard) for such utility; or
18 ‘‘(3) the State legislature has voted on the im-
19 plementation of such standard (or a comparable
20 standard) for such utility.’’.
21 (e) PRIOR AND PENDING PROCEEDINGS.—Section
22 124 of the Public Utility Regulatory Policies Act of 1978
23 (16 U.S.C. 2634) is amended by adding at the end the
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24 following: ‘‘In the case of the standard established by
25 paragraph (20) of section 111(d), the reference contained
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1 in this section to the date of the enactment of this Act
2 shall be deemed to be a reference to the date of enactment
3 of such paragraph (20).’’.
4 SEC. 2102. COORDINATION OF PROGRAMS.
5 To the maximum extent practicable, the Secretary of
6 Energy shall ensure that the funding and administration
7 of the different offices within the Grid Modernization Ini-
8 tiative of the Department of Energy and other programs
9 conducting energy storage research are coordinated and
10 streamlined.
11 PART 2—ENERGY STORAGE AND MICROGRID
12 PROJECTS
13 SEC. 2121. DEFINITIONS.
14 (a) DEFINITIONS.—In this part:
15 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
16 ty’’ means—
17 (A) a rural electric cooperative; or
18 (B) a nonprofit organization working with
19 at least 6 rural electric cooperatives.
20 (2) ENERGY STORAGE.—The term ‘‘energy
21 storage’’ means the use of equipment or facilities re-
22 lating to the electric grid that are capable of absorb-
23 ing and converting energy, as applicable, storing the
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24 energy for a period of time, and dispatching the en-
25 ergy, that—
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1 (A) use mechanical, electrochemical, bio-
2 chemical, or thermal processes, to convert and
3 store energy that was generated at an earlier
4 time for use at a later time;
5 (B) use mechanical, electrochemical, bio-
6 chemical, or thermal processes to convert and
7 store energy generated from mechanical proc-
8 esses that would otherwise be wasted for deliv-
9 ery at a later time; or
10 (C) convert and store energy in an electric,
11 thermal, or gaseous state for consumption at a
12 later time in a manner that avoids the need to
13 use electricity or other fuel sources at that later
14 time, as is offered by grid-enabled water heat-
15 ers, building heaters or coolers, electric vehicles,
16 mini-pumped hydroelectric facilities, electrolysis
17 processes that make hydrogen for transpor-
18 tation or industrial needs, or any other load
19 shaping mechanism that includes energy stor-
20 age.
21 (3) ISLAND.—The term ‘‘island mode’’ means a
22 mode in which a distributed generator or energy
23 storage device continues to power a location in the
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24 absence of electric power from the primary source.
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1 (4) MICROGRID.—The term ‘‘microgrid’’ means
2 an interconnected system of loads and distributed
3 energy resources, including generators and energy
4 storage devices, within clearly defined electrical
5 boundaries that—
6 (A) acts as a single controllable entity with
7 respect to the electric grid; and
8 (B) can connect to, and disconnect from,
9 the electric grid to operate in both grid-con-
10 nected mode and island mode.
11 (5) RENEWABLE ENERGY SOURCE.—The term
12 ‘‘renewable energy source’’ has the meaning given
13 the term in section 609(a) of the Public Utility Reg-
14 ulatory Policies Act of 1978 (7 U.S.C. 918c(a)).
15 (6) RURAL ELECTRIC COOPERATIVE.—The term
16 ‘‘rural electric cooperative’’ means an electric coop-
17 erative (as defined in section 3 of the Federal Power
18 Act (16 U.S.C. 796)) that sells electric energy to
19 persons in rural areas.
20 (7) SECRETARY.—The term ‘‘Secretary’’ means
21 the Secretary of Energy.
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1 SEC. 2122. ENERGY STORAGE AND MICROGRID ASSISTANCE
2 PROGRAM.
3 (a) IN GENERAL.—Not later than 180 days after the
4 date of enactment of this Act, the Secretary shall establish
5 a program under which the Secretary shall—
6 (1) provide grants to eligible entities under sub-
7 section (c);
8 (2) provide technical assistance to eligible enti-
9 ties under subsection (d); and
10 (3) disseminate information to eligible entities
11 on—
12 (A) the activities described in subsections
13 (c)(1) and (d); and
14 (B) potential and existing energy storage
15 and microgrid projects.
16 (b) COOPERATIVE AGREEMENT.—The Secretary may
17 enter into a cooperative agreement with an eligible entity
18 to carry out subsection (a).
19 (c) GRANTS.—
20 (1) IN GENERAL.—The Secretary shall award
21 grants to eligible entities for identifying, evaluating,
22 designing, and demonstrating energy storage and
23 microgrid projects that utilize energy from renewable
24 energy sources.
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25 (2) APPLICATION.—To be eligible to receive a
26 grant under paragraph (1), an eligible entity shall
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1 submit to the Secretary an application at such time,
2 in such manner, and containing such information as
3 the Secretary may require.
4 (3) USE OF GRANT.—An eligible entity that re-
5 ceives a grant under paragraph (1)—
6 (A) shall use the grant—
7 (i) to conduct feasibility studies to as-
8 sess the potential for implementation or
9 improvement of energy storage or
10 microgrid projects;
11 (ii) to analyze and implement strate-
12 gies to overcome barriers to energy storage
13 or microgrid project implementation, in-
14 cluding financial, contracting, siting, and
15 permitting barriers;
16 (iii) to conduct detailed engineering of
17 energy storage or microgrid projects;
18 (iv) to perform a cost-benefit analysis
19 with respect to an energy storage or
20 microgrid project;
21 (v) to plan for both the short- and
22 long-term inclusion of energy storage or
23 microgrid projects into the future develop-
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24 ment plans of the eligible entity; or
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1 (vi) to purchase and install necessary
2 equipment, materials, and supplies for
3 demonstration of emerging technologies;
4 and
5 (B) may use the grant to obtain technical
6 assistance from experts in carrying out the ac-
7 tivities described in subparagraph (A).
8 (4) CONDITION.—As a condition of receiving a
9 grant under paragraph (1), an eligible entity shall—
10 (A) implement a public awareness cam-
11 paign, in coordination with the Secretary, about
12 the project implemented under the grant in the
13 community in which the eligible entity is lo-
14 cated, which campaign shall include providing
15 projected environmental benefits achieved under
16 the project, where to find more information
17 about the program established under this sec-
18 tion, and any other information the Secretary
19 determines necessary;
20 (B) submit to the Secretary, and make
21 available to the public, a report that de-
22 scribes—
23 (i) any energy cost savings and envi-
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24 ronmental benefits achieved under the
25 project; and
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1 (ii) the results of the project, includ-
2 ing quantitative assessments to the extent
3 practicable, associated with each activity
4 described in paragraph (3)(A); and
5 (C) create and disseminate tools and re-
6 sources that will benefit other rural electric co-
7 operatives, which may include cost calculators,
8 guidebooks, handbooks, templates, and training
9 courses.
10 (5) COST-SHARE.—Activities under this sub-
11 section shall be subject to the cost-sharing require-
12 ments of section 988 of the Energy Policy Act of
13 2005 (42 U.S.C. 16352).
14 (d) TECHNICAL ASSISTANCE.—
15 (1) IN GENERAL.—In carrying out the program
16 established under subsection (a), the Secretary shall
17 provide eligible entities with technical assistance re-
18 lating to—
19 (A) identifying opportunities for energy
20 storage and microgrid projects;
21 (B) understanding the technical and eco-
22 nomic characteristics of energy storage or
23 microgrid projects;
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24 (C) understanding financing alternatives;
25 (D) permitting and siting issues;
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1 (E) obtaining case studies of similar and
2 successful energy storage or microgrid projects;
3 (F) reviewing and obtaining computer soft-
4 ware for assessment, design, and operation and
5 maintenance of energy storage or microgrid sys-
6 tems; and
7 (G) understanding and utilizing the reli-
8 ability and resiliency benefits of energy storage
9 and microgrid projects.
10 (2) EXTERNAL CONTRACTS.—In carrying out
11 paragraph (1), the Secretary may enter into con-
12 tracts with third-party experts, including engineer-
13 ing, finance, and insurance experts, to provide tech-
14 nical assistance to eligible entities relating to the ac-
15 tivities described in such paragraph, or other rel-
16 evant activities, as determined by the Secretary.
17 SEC. 2123. AUTHORIZATION OF APPROPRIATIONS.
18 (a) IN GENERAL.—There is authorized to be appro-
19 priated to carry out this part $5,000,000 for each of fiscal
20 years 2021 through 2025.
21 (b) ADMINISTRATIVE COSTS.—Not more than 5 per-
22 cent of the amount appropriated under subsection (a) for
23 each fiscal year shall be used for administrative expenses.
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1 Subtitle B—Dam Safety
2 SEC. 2201. HYDROELECTRIC PRODUCTION INCENTIVES
3 AND EFFICIENCY IMPROVEMENTS.
4 (a) HYDROELECTRIC PRODUCTION INCENTIVES.—
5 Section 242 of the Energy Policy Act of 2005 (42 U.S.C.
6 15881) is amended—
7 (1) in subsection (b), by striking paragraph (1)
8 and inserting the following:
9 ‘‘(1) QUALIFIED HYDROELECTRIC FACILITY.—
10 The term ‘qualified hydroelectric facility’ means a
11 turbine or other generating device owned or solely
12 operated by a non-Federal entity—
13 ‘‘(A) that generates hydroelectric energy
14 for sale; and
15 ‘‘(B)(i) that is added to an existing dam or
16 conduit; or
17 ‘‘(ii)(I) that has a generating capacity of
18 not more than 10 megawatts;
19 ‘‘(II) for which the non-Federal entity has
20 received a construction authorization from the
21 Federal Energy Regulatory Commission, if ap-
22 plicable; and
23 ‘‘(III) that is constructed in a region in
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24 which there is inadequate electric service, as de-
25 termined by the Secretary.’’;
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1 (2) in subsection (c), by striking ‘‘10’’ and in-
2 serting ‘‘22’’;
3 (3) in subsection (e)(2), by striking ‘‘section
4 29(d)(2)(B)’’ and inserting ‘‘section 45K(d)(2)(B)’’;
5 (4) in subsection (f), by striking ‘‘20’’ and in-
6 serting ‘‘32’’; and
7 (5) in subsection (g), by striking ‘‘each of the
8 fiscal years 2006 through 2015’’ and inserting ‘‘each
9 of fiscal years 2019 through 2036’’.
10 (b) HYDROELECTRIC EFFICIENCY IMPROVEMENT.—
11 Section 243(c) of the Energy Policy Act of 2005 (42
12 U.S.C. 15882(c)) is amended by striking ‘‘each of the fis-
13 cal years 2006 through 2015’’ and inserting ‘‘each of fis-
14 cal years 2019 through 2036’’.
15 SEC. 2202. FERC BRIEFING ON EDENVILLE DAM AND SAN-
16 FORD DAM FAILURES.
17 Not later than 90 days after the date on which the
18 Forensic Investigation Team submits to the Federal En-
19 ergy Regulatory Commission the reports on the root
20 causes, and any other contributing causes, of the Edenville
21 Dam and Sanford Dam failures, the Federal Energy Reg-
22 ulatory Commission shall conduct a briefing for, and sub-
23 mit a report summarizing such briefing to, the Committee
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24 on Energy and Commerce of the House of Representatives
25 that includes—
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1 (1) an explanation of the findings of the Foren-
2 sic Investigation Team reports on the root causes,
3 and any other contributing causes, of the Edenville
4 Dam and Sanford Dam failures;
5 (2) a determination of whether the dam safety
6 procedures of the Federal Energy Regulatory Com-
7 mission should be revised in light of the lessons
8 learned from such reports;
9 (3) a determination of whether additional safety
10 inspections of dams should be required after large
11 storms;
12 (4) a determination of whether the safety re-
13 quirements and testing protocols for dams ade-
14 quately account for the projected effects of climate
15 change and atmospheric rivers on dams; and
16 (5) a determination of whether additional ac-
17 tions should be taken to ensure the safety of dams
18 that operate without an emergency spillway.
19 SEC. 2203. DAM SAFETY CONDITIONS.
20 Section 10 of the Federal Power Act (16 U.S.C. 803)
21 is amended by adding at the end the following:
22 ‘‘(k) That the dam and other project works meet the
23 Commission’s dam safety requirements and that the li-
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24 censee shall continue to manage, operate, and maintain
25 the dam and other project works in a manner that ensures
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1 dam safety and public safety under the operating condi-
2 tions of the license.’’.
3 SEC. 2204. DAM SAFETY REQUIREMENTS.
4 Section 15 of the Federal Power Act (16 U.S.C. 808)
5 is amended by adding at the end the following:
6 ‘‘(g) The Commission may issue a new license under
7 this section only if the Commission determines that the
8 dam and other project works covered by the license meet
9 the Commission’s dam safety requirements and that the
10 licensee can continue to manage, operate, and maintain
11 the dam and other project works in a manner that ensures
12 dam safety and public safety under the operating condi-
13 tions of the new license.’’.
14 SEC. 2205. VIABILITY PROCEDURES.
15 The Federal Energy Regulatory Commission shall es-
16 tablish procedures to assess the financial viability of an
17 applicant for a license under the Federal Power Act to
18 meet applicable dam safety requirements and to operate
19 the dam and project works under the license.
20 SEC. 2206. FERC DAM SAFETY TECHNICAL CONFERENCE
21 WITH STATES.
22 (a) TECHNICAL CONFERENCE.—Not later than April
23 1, 2021, the Federal Energy Regulatory Commission, act-
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24 ing through the Office of Energy Projects, shall hold a
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1 technical conference with the States to discuss and provide
2 information on—
3 (1) dam maintenance and repair;
4 (2) Risk Informed Decision Making (RIDM);
5 (3) climate and hydrological regional changes
6 that may affect the structural integrity of dams; and
7 (4) high hazard dams.
8 (b) AUTHORIZATION OF APPROPRIATIONS.—There is
9 authorized to be appropriated to carry out this section
10 $1,000,000 for fiscal year 2021.
11 (c) STATE DEFINED.—In this section, the term
12 ‘‘State’’ has the meaning given such term in section 3 of
13 the Federal Power Act (16 U.S.C. 796).
14 SEC. 2207. REQUIRED DAM SAFETY COMMUNICATIONS BE-
15 TWEEN FERC AND STATES.
16 (a) IN GENERAL.—The Commission, acting through
17 the Office of Energy Projects, shall notify a State within
18 which a project is located when—
19 (1) the Commission issues a finding, following
20 a dam safety inspection, that requires the licensee
21 for such project to take actions to repair the dam
22 and other project works that are the subject of such
23 finding;
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24 (2) after a period of 5 years starting on the
25 date a finding under paragraph (1) is issued, the li-
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1 censee has failed to take actions to repair the dam
2 and other project works, as required by such finding;
3 and
4 (3) the Commission initiates a non-compliance
5 proceeding or otherwise takes steps to revoke a li-
6 cense issued under section 4 of the Federal Power
7 Act (16 U.S.C. 797) due to the failure of a licensee
8 to take actions to repair a dam and other project
9 works.
10 (b) NOTICE UPON REVOCATION, SURRENDER, OR IM-
11 PLIED SURRENDER OF A LICENSE.—If the Commission
12 issues an order to revoke a license or approve the sur-
13 render or implied surrender of a license under the Federal
14 Power Act (16 U.S.C. 792 et seq.), the Commission shall
15 provide to the State within which the project that relates
16 to such license is located—
17 (1) all records pertaining to the structure and
18 operation of the applicable dam and other project
19 works, including, as applicable, any dam safety in-
20 spection reports by independent consultants, speci-
21 fications for required repairs or maintenance of such
22 dam and other project works that have not been
23 completed, and estimates of the costs for such re-
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24 pairs or maintenance;
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1 (2) all records documenting the history of main-
2 tenance or repair work for the applicable dam and
3 other project works;
4 (3) information on the age of the dam and
5 other project works and the hazard classification of
6 the dam and other project works;
7 (4) the most recent assessment of the condition
8 of the dam and other project works by the Commis-
9 sion;
10 (5) as applicable, the most recent hydrologic in-
11 formation used to determine the potential maximum
12 flood for the dam and other project works; and
13 (6) the results of the most recent risk assess-
14 ment completed on the dam and other project works.
15 (c) DEFINITION.—In this section:
16 (1) COMMISSION.—The term ‘‘Commission’’
17 means the Federal Energy Regulatory Commission.
18 (2) LICENSEE.—The term ‘‘licensee’’ has the
19 meaning given such term in section 3 of the Federal
20 Power Act (16 U.S.C. 796).
21 (3) PROJECT.—The term ‘‘project’’ has the
22 meaning given such term in section 3 of the Federal
23 Power Act (16 U.S.C. 796).
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1 SEC. 2208. KLAMATH HYDROELECTRIC SETTLEMENT
2 AGREEMENT TRIBAL FAIRNESS.
3 (a) DEFINITIONS.—In this section:
4 (1) FACILITY.—The term ‘‘facility’’ means 1 or
5 more of the following hydropower facilities (includ-
6 ing appurtenant works licensed to PacifiCorp) within
7 the jurisdictional boundary of the Klamath Hydro-
8 electric Project, FERC Project No. 2082 (as appli-
9 cable):
10 (A) Iron Gate Dam.
11 (B) Copco No. 1 Dam.
12 (C) Copco No. 2 Dam.
13 (D) J.C. Boyle Dam.
14 (2) COMMISSION.—The term ‘‘Commission’’
15 means the Federal Energy Regulatory Commission.
16 (3) HARMED INDIAN TRIBES.—The term
17 ‘‘harmed Indian Tribes’’ means—
18 (A) the Klamath Tribes; and
19 (B) such other Indian Tribes that are lo-
20 cated downstream of the Klamath Hydroelectric
21 Project.
22 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
23 has the meaning given the term ‘‘Indian tribe’’ in
24 section 4 of the Indian Self-Determination and Edu-
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25 cation Assistance Act (25 U.S.C. 5304).
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1 (5) LICENSEE.—The term ‘‘licensee’’ means the
2 owner and licensee of the facility (as of the date of
3 enactment of this Act).
4 (b) IN GENERAL.—In light of the specific facts and
5 circumstances of the Klamath Hydroelectric Settlement
6 Agreement that anticipated dam removal to commence in
7 2020, and to mitigate the historic and ongoing damages
8 caused by the facility to aquatic and Tribal trust re-
9 sources, the Commission shall not issue any annual license
10 for the facility under section 15(a)(1) of the Federal
11 Power Act (16 U.S.C. 808(a)(1)) unless the Commission
12 has provided harmed Indian Tribes and the States of Cali-
13 fornia and Oregon the opportunity to recommend terms
14 and conditions under section 4(e), section 10, and section
15 18 of the Federal Power Act (16 U.S.C. 797(e), 803, and
16 811), including any conditions providing for fishways or
17 fish recovery.
18 (c) STUDIES.—Upon approval of an annual license
19 pursuant to subsection (b), the Commission shall require
20 the licensee to provide to the Commission the following:
21 (1) A study describing the impacts of the facil-
22 ity during the previous year on instream flows, water
23 use, water temperature, and water quality.
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24 (2) A study describing the impacts of the facil-
25 ity during the previous year on fish and wildlife re-
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1 sources, including river fisheries, reservoir fisheries,
2 anadromous fish, and any marine species listed as a
3 threatened species or endangered species under the
4 Endangered Species Act of 1973 (16 U.S.C. 1531 et
5 seq.) including Southern Resident killer whales
6 (Orcinus orca).
7 (3) A study describing the impacts of the facil-
8 ity during the previous year on sediment transport.
9 (4) A study forecasting the impacts of climate
10 change to power generation at the facility.
11 (5) A certification from the California Depart-
12 ment of Water Resources, Division of Safety of
13 Dams, following one or more comprehensive studies
14 of the stability and safety of the facility that are
15 funded by the licensee, that each element of the fa-
16 cility meets all current Federal and State seismic,
17 stability, and safety standards and that there will be
18 no significant risk of dam failure during the term of
19 the license.
20 (6) A report, to be made publicly available by
21 the Commission, on the financial status of the facil-
22 ity, including—
23 (A) an analysis comparing the cost of
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24 power generated at the facility to revenue at-
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1 tributable to the facility during the preceding
2 year;
3 (B) a projection of the cost of power gen-
4 erated at the facility and the revenue attrib-
5 utable to the facility during the 5-year period
6 beginning on the date of the license;
7 (C) an explanation of whether the financial
8 terms of the Klamath Hydroelectric Settlement
9 Agreement, as amended, have been met; and
10 (D) a detailed description of the annual
11 costs associated with the facility that are passed
12 through to the ratepayers of the licensee.
13 (d) EXCEPTION.—The requirements of this section
14 shall not apply to any entity filing a surrender application
15 as specified in the Commission’s order relating to the facil-
16 ity dated July 16, 2020 (172 FERC 61,062).
17 (e) LEGAL CLAIMS.—Nothing in this section shall be
18 construed to adversely affect any legal claims of harmed
19 Indian Tribes, including claims for violations of any Exec-
20 utive Order pertaining to one or more Indian Tribes, any
21 treaty between the United States and one or more Indian
22 Tribes, or for damages caused by the facility under the
23 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
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24 or the Marine Mammal Protection Act of 1972 (16 U.S.C.
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1 1361 et seq.). Such claims shall not be limited by any stat-
2 ute of limitations.
3 Subtitle C—Distributed Renewable
4 Energy
5 SEC. 2301. DEFINITIONS.
6 In this subtitle:
7 (1) AUTHORITY HAVING JURISDICTION.—The
8 term ‘‘authority having jurisdiction’’ means any
9 State, county, local, or Tribal office or official with
10 jurisdiction—
11 (A) to issue permits;
12 (B) to conduct inspections to enforce the
13 requirements of a relevant code or standard; or
14 (C) to approve the installation of, or the
15 equipment and materials used in the installa-
16 tion of, qualifying distributed energy systems.
17 (2) DISTRIBUTED ENERGY SYSTEM IN-
18 STALLER.—The term ‘‘distributed energy system in-
19 staller’’ means an entity or individual—
20 (A) with knowledge and skills relating to—
21 (i) the construction and operation of
22 the equipment used in qualifying distrib-
23 uted energy systems; and
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24 (ii) the installation of qualifying dis-
25 tributed energy systems; and
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1 (B) that has employed safety training to
2 recognize and avoid the hazards involved in con-
3 structing, operating, and installing qualifying
4 distributed energy systems.
5 (3) QUALIFYING DISTRIBUTED ENERGY SYS-
6 TEM.—The term ‘‘qualifying distributed energy sys-
7 tem’’ means any equipment or materials installed in,
8 on, or near a residential, commercial, or industrial
9 building to support onsite or local energy use, in-
10 cluding—
11 (A) to generate electricity from distributed
12 renewable energy sources, including from—
13 (i) solar photovoltaic modules or simi-
14 lar solar energy technologies;
15 (ii) wind power systems; and
16 (iii) hydrogen electrolysis and fuel cell
17 systems;
18 (B) to store and discharge electricity from
19 batteries with a capacity of at least 2 kilowatt
20 hours;
21 (C) to charge a plug-in electric drive vehi-
22 cle at a power rate of at least 2 kilowatts;
23 (D) to refuel a fuel cell electric vehicle; or
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1 (E) to generate electricity from fuel cell
2 systems with a capacity of at least 2 kilowatt
3 hours.
4 (4) SECRETARY.—The term ‘‘Secretary’’ means
5 the Secretary of Energy.
6 SEC. 2302. ESTABLISHMENT OF PROGRAM TO FACILITATE
7 VOLUNTARY STREAMLINED PROCESS FOR
8 LOCAL PERMITTING OF QUALIFYING DIS-
9 TRIBUTED ENERGY SYSTEMS.
10 (a) IN GENERAL.—Not later than 180 days after the
11 date of enactment of this Act, the Secretary, in consulta-
12 tion with trade associations and other entities representing
13 distributed energy system installers and organizations rep-
14 resenting State, local, and Tribal governments engaged in
15 permitting, shall establish and carry out a program to es-
16 tablish a voluntary streamlined permitting process for
17 local permitting and inspection of qualifying distributed
18 energy systems, in concert with relevant national con-
19 sensus-based codes and specifications and standards ref-
20 erenced therein.
21 (b) ACTIVITIES OF THE PROGRAM.—In carrying out
22 the program established under subsection (a), the Sec-
23 retary shall—
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24 (1) facilitate the development and maintenance
25 of a streamlined permitting process that includes a
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1 national online permitting platform for expediting,
2 standardizing, and streamlining permitting, that au-
3 thorities having jurisdiction may use to receive, re-
4 view, and approve permit applications relating to
5 qualifying distributed energy systems;
6 (2) establish a model expedited permit-to-build
7 protocol for qualifying distributed energy systems;
8 (3) provide technical assistance to authorities
9 having jurisdiction on using and adopting—
10 (A) the streamlined permitting process de-
11 scribed in paragraph (1); and
12 (B) the model expedited permit-to-build
13 protocol described in paragraph (2);
14 (4) develop and maintain a voluntary national
15 inspection protocol integrated with the national on-
16 line permitting system described in paragraphs (1)
17 and (2) and related tools to expedite, standardize,
18 and streamline the inspection of qualifying distrib-
19 uted energy systems, including—
20 (A) by investigating the potential for using
21 remote inspections; and
22 (B) by investigating the potential for sam-
23 ple-based inspection for distributed energy sys-
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24 tem installers with a demonstrated track record
25 of high-quality work; and
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1 (5) take any other action to expedite, stand-
2 ardize, streamline, or improve the process for per-
3 mitting, inspecting, or interconnecting qualifying
4 distributed energy systems.
5 (c) SUPPORT SERVICES.—The Secretary shall—
6 (1) provide technical assistance to authorities
7 having jurisdiction, any administrator of a national
8 online permitting platform, government software
9 providers, and any other entity determined appro-
10 priate by the Secretary in carrying out the activities
11 described in subsection (b); and
12 (2) provide such financial assistance as the Sec-
13 retary determines appropriate from any funds appro-
14 priated to carry out this subtitle.
15 SEC. 2303. DISTRIBUTED ENERGY OPPORTUNITY COMMU-
16 NITIES.
17 (a) IN GENERAL.—The Secretary shall recognize and
18 certify certain communities as ‘‘Distributed Energy Op-
19 portunity Communities’’.
20 (b) QUALIFICATIONS.—The Secretary may certify a
21 State, local community, or Tribe as a ‘‘Distributed Energy
22 Opportunity Community’’ if that State, local community,
23 or Tribe has adopted and implemented the model expe-
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24 dited permit-to-build protocol established under the pro-
25 gram established under section 2302.
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1 (c) PROCESS.—The Secretary may confer a certifi-
2 cation under subsection (a) through existing programs of
3 the Department of Energy.
4 (d) GRANTS.—The Secretary may award competitive
5 grants, using funds appropriated to the Secretary to carry
6 out this subtitle, to encourage communities to adopt the
7 model expedited permit-to-build protocol and the stand-
8 ardized inspection process established under the program
9 established under section 2302.
10 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS.
11 There is authorized to be appropriated to the Sec-
12 retary to carry out this subtitle $20,000,000 for each of
13 fiscal years 2021 through 2025.
14 Subtitle D—Low-Income Solar
15 SEC. 2401. GRANT PROGRAM FOR SOLAR INSTALLATIONS
16 LOCATED IN, OR THAT SERVE, LOW-INCOME
17 AND UNDERSERVED AREAS.
18 (a) DEFINITIONS.—In this section:
19 (1) BENEFICIARY.—The term ‘‘beneficiary’’
20 means a low-income household or a low-income
21 household in an underserved area.
22 (2) COMMUNITY SOLAR FACILITY.—The term
23 ‘‘community solar facility’’ means a solar generating
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24 facility that—
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