USC Subchapter III

USC Subchapter III
in effect

42 U.S.C. § 17071 Energy Code improvements applicable to manufactured housing

(a) Establishment of standards(1) In generalNot later than 4 years after December 19, 2007, the Secretary shall by regulation establish standards for energy efficiency in manufactured housing. (2) Notice, comment, and consultationStandards described in paragraph (1) shall be established after—(A) notice and an opportunity for comment by manufacturers of manufactured housing and other interested parties; and (B) consultation with the Secretary of Housing and Urban Development, who may seek further counsel from the Manufactured Housing Consensus Committee. (b) Requirements(1) International Energy Conservation CodeThe energy conservation standards established under this section shall be based on the most recent version of the International Energy Conservation Code (including supplements), except in cases in which the Secretary finds that the code 11 So in original. Probably should be “Code”. is not cost-effective, or a more stringent standard would be more cost-effective, based on the impact of the code 1 on the purchase price of manufactured housing and on total life-cycle construction and operating costs. (2) ConsiderationsThe energy conservation standards established under this section may—(A) take into consideration the design and factory construction techniques of manufactured homes; (B) be based on the climate zones established by the Department of Housing and Urban Development rather than the climate zones under the International Energy Conservation Code; and (C) provide for alternative practices that result in net estimated energy consumption equal to or less than the specified standards. (3) UpdatingThe energy conservation standards established under this section shall be updated not later than—(A) 1 year after December 19, 2007; and (B) 1 year after any revision to the International Energy Conservation Code. (c) EnforcementAny manufacturer of manufactured housing that violates a provision of the regulations under subsection (a) is liable to the United States for a civil penalty in an amount not exceeding 1 percent of the manufacturer’s retail list price of the manufactured housing.

42 U.S.C. § 17081 Commercial high-performance green buildings

(a) Director of Commercial High-Performance Green BuildingsNotwithstanding any other provision of law, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall appoint a Director of Commercial High-Performance Green Buildings to a position in the career-reserved Senior Executive service, with the principal responsibility to—(1) establish and manage the Office of Commercial High-Performance Green Buildings; and (2) carry out other duties as required under this part. (b) QualificationsThe Commercial Director shall be an individual, who by reason of professional background and experience, is specifically qualified to carry out the duties required under this part. (c) DutiesThe Commercial Director shall, with respect to development of high-performance green buildings and zero-energy commercial buildings nationwide—(1) coordinate the activities of the Office of Commercial High-Performance Green Buildings with the activities of the Office of Federal High-Performance Green Buildings; (2) develop the legal predicates and agreements for, negotiate, and establish one or more public-private partnerships with the Consortium, members of the Consortium, and other capable parties meeting the qualifications of the Consortium, to further such development; (3) represent the public and the Department in negotiating and performing in accord with such public-private partnerships; (4) use appropriated funds in an effective manner to encourage the maximum investment of private funds to achieve such development; (5) promote research and development of high-performance green buildings, consistent with section 17083 of this title; and (6) jointly establish with the Federal Director a national high-performance green building clearinghouse in accordance with section 17083(1) of this title, which shall provide high-performance green building information and disseminate research results through—(A) outreach; (B) education; and (C) the provision of technical assistance. (d) ReportingThe Commercial Director shall report directly to the Assistant Secretary for Energy Efficiency and Renewable Energy, or to other senior officials in a way that facilitates the integrated program of this part for both energy efficiency and renewable energy and both technology development and technology deployment. (e) CoordinationThe Commercial Director shall ensure full coordination of high-performance green building information and activities, including activities under this part, within the Federal Government by working with the General Services Administration and all relevant agencies, including, at a minimum—(1) the Environmental Protection Agency; (2) the Office of the Federal Environmental Executive; (3) the Office of Federal Procurement Policy; (4) the Department of Energy, particularly the Federal Energy Management Program; (5) the Department of Health and Human Services; (6) the Department of Housing and Urban Development; (7) the Department of Defense; (8) the National Institute of Standards and Technology; (9) the Department of Transportation; (10) the Office of Science Technology and Policy; and (11) such nonprofit high-performance green building rating and analysis entities as the Commercial Director determines can offer support, expertise, and review services. (f) High-Performance Green Building Partnership Consortium(1) RecognitionNot later than 90 days after December 19, 2007, the Commercial Director shall formally recognize one or more groups that qualify as a high-performance green building partnership consortium. (2) Representation to qualifyTo qualify under this section, any consortium shall include representation from—(A) the design professions, including national associations of architects and of professional engineers; (B) the development, construction, financial, and real estate industries; (C) building owners and operators from the public and private sectors; (D) academic and research organizations, including at least one national laboratory with extensive commercial building energy expertise; (E) building code agencies and organizations, including a model energy code-setting organization; (F) independent high-performance green building associations or councils; (G) experts in indoor air quality and environmental factors; (H) experts in intelligent buildings and integrated building information systems; (I) utility energy efficiency programs; (J) manufacturers and providers of equipment and techniques used in high-performance green buildings; (K) public transportation industry experts; and (L) nongovernmental energy efficiency organizations. (3) FundingThe Secretary may make payments to the Consortium pursuant to the terms of a public-private partnership for such activities of the Consortium undertaken under such a partnership as described in this part directly to the Consortium or through one or more of its members. (g) ReportNot later than 2 years after December 19, 2007, and biennially thereafter, the Commercial Director, in consultation with the Consortium, shall submit to Congress a report that—(1) describes the status of the high-performance green building initiatives under this part and other Federal programs affecting commercial high-performance green buildings in effect as of the date of the report, including—(A) the extent to which the programs are being carried out in accordance with this part; and (B) the status of funding requests and appropriations for those programs; and (2) summarizes and highlights development, at the State and local level, of high-performance green building initiatives, including executive orders, policies, or laws adopted promoting high-performance green building (including the status of implementation of those initiatives).

42 U.S.C. § 17082 Zero Net Energy Commercial Buildings Initiative

(a) DefinitionsIn this section:(1) ConsortiumThe term “consortium” means a High-Performance Green Building Consortium selected by the Commercial Director. (2) InitiativeThe term “initiative” means the Zero-Net-Energy Commercial Buildings Initiative established under subsection (b)(1). (3) Zero-net-energy commercial buildingThe term “zero-net-energy commercial building” means a high-performance commercial building that is designed, constructed, and operated—(A) to require a greatly reduced quantity of energy to operate; (B) to meet the balance of energy needs from sources of energy that do not produce greenhouse gases; (C) in a manner that will result in no net emissions of greenhouse gases; and (D) to be economically viable. (b) Establishment(1) In generalThe Commercial Director shall establish an initiative, to be known as the “Zero-Net-Energy Commercial Buildings Initiative”—(A) to reduce the quantity of energy consumed by commercial buildings located in the United States; and (B) to achieve the development of zero net energy commercial buildings in the United States. (2) Consortium(A) In generalNot later than 180 days after December 19, 2007, the Commercial Director shall competitively select, and enter into an agreement with, a consortium to develop and carry out the initiative. (B) AgreementsIn entering into an agreement with a consortium under subparagraph (A), the Commercial Director shall use the authority described in section 7256(g) of this title, to the maximum extent practicable. (c) Goal of initiativeThe goal of the initiative shall be to develop and disseminate technologies, practices, and policies for the development and establishment of zero net energy commercial buildings for—(1) any commercial building newly constructed in the United States by 2030; (2) 50 percent of the commercial building stock of the United States by 2040; and (3) all commercial buildings in the United States by 2050. (d) ComponentsIn carrying out the initiative, the Commercial Director, in consultation with the consortium, may—(1) conduct research and development on building science, design, materials, components, equipment and controls, operation and other practices, integration, energy use measurement, and benchmarking; (2) conduct pilot programs and demonstration projects to evaluate replicable approaches to achieving energy efficient commercial buildings for a variety of building types in a variety of climate zones; (3) conduct deployment, dissemination, and technical assistance activities to encourage widespread adoption of technologies, practices, and policies (including demand-response technologies, practices, and policies) to achieve energy efficient commercial buildings; (4) conduct other research, development, demonstration, and deployment activities necessary to achieve each goal of the initiative, as determined by the Commercial Director, in consultation with the consortium; (5) develop training materials and courses for building professionals and trades on achieving cost-effective high-performance energy efficient buildings; (6) develop and disseminate public education materials to share information on the benefits and cost-effectiveness of high-performance energy efficient buildings; (7) support code-setting organizations and State and local governments in developing minimum performance standards in building codes that recognize the ready availability of many technologies utilized in high-performance energy efficient buildings; (8) develop strategies for overcoming the split incentives between builders and purchasers, and landlords and tenants, to ensure that energy efficiency and high-performance investments are made that are cost-effective on a lifecycle basis; and (9) develop improved means of measurement and verification of energy savings and performance for public dissemination. (e) Cost sharingIn carrying out this section, the Commercial Director shall require cost sharing in accordance with section 16352 of this title. (f) Authorization of appropriationsThere are authorized to be appropriated to carry out this section—(1) $20,000,000 for fiscal year 2008; (2) $50,000,000 for each of fiscal years 2009 and 2010; (3) $100,000,000 for each of fiscal years 2011 and 2012; and (4) $200,000,000 for each of fiscal years 2013 through 2018.

42 U.S.C. § 17083 Public outreach

The Commercial Director and Federal Director, in coordination with the Consortium, shall carry out public outreach to inform individuals and entities of the information and services available governmentwide by— (1) establishing and maintaining a national high-performance green building clearinghouse, including on the Internet, that—(A) identifies existing similar efforts and coordinates activities of common interest; and (B) provides information relating to high-performance green buildings, including hyperlinks to Internet sites that describe the activities, information, and resources of—(i) the Federal Government; (ii) State and local governments; (iii) the private sector (including nongovernmental and nonprofit entities and organizations); and (iv) international organizations; (2) identifying and recommending educational resources for implementing high-performance green building practices, including security and emergency benefits and practices; (3) providing access to technical assistance, tools, and resources for constructing high-performance green buildings, particularly tools to conduct life-cycle costing and life-cycle assessment; (4) providing information on application processes for certifying a high-performance green building, including certification and commissioning; (5) providing to the public, through the Commercial Director, technical and research information or other forms of assistance or advice that would be useful in planning and constructing high-performance green buildings; (6) using such additional methods as are determined by the Commercial Director to be appropriate to conduct public outreach; (7) surveying existing research and studies relating to high-performance green buildings; and (8) coordinating activities of common interest.

42 U.S.C. § 17084 Separate spaces with high-performance energy efficiency measures

(a) DefinitionsIn this section:(1) High-performance energy efficiency measureThe term “high-performance energy efficiency measure” means a technology, product, or practice that will result in substantial operational cost savings by reducing energy consumption and utility costs. (2) Separate spacesThe term “separate spaces” means areas within a commercial building that are leased or otherwise occupied by a tenant or other occupant for a period of time pursuant to the terms of a written agreement. (b) Study(1) In generalNot later than 1 year after April 30, 2015, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall complete a study on the feasibility of—(A) significantly improving energy efficiency in commercial buildings through the design and construction, by owners and tenants, of separate spaces with high-performance energy efficiency measures; and (B) encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces. (2) ScopeThe study shall, at a minimum, include—(A) descriptions of—(i) high-performance energy efficiency measures that should be considered as part of the initial design and construction of separate spaces; (ii) processes that owners, tenants, architects, and engineers may replicate when designing and constructing separate spaces with high-performance energy efficiency measures; (iii) policies and best practices to achieve reductions in energy intensities for lighting, plug loads, heating, cooling, cooking, laundry, and other systems to satisfy the needs of the commercial building tenant; (iv) return on investment and payback analyses of the incremental cost and projected energy savings of the proposed set of high-performance energy efficiency measures, including consideration of available incentives; (v) models and simulation methods that predict the quantity of energy used by separate spaces with high-performance energy efficiency measures and that compare that predicted quantity to the quantity of energy used by separate spaces without high-performance energy efficiency measures but that otherwise comply with applicable building code requirements; (vi) measurement and verification platforms demonstrating actual energy use of high-performance energy efficiency measures installed in separate spaces, and whether such measures generate the savings intended in the initial design and construction of the separate spaces; (vii) best practices that encourage an integrated approach to designing and constructing separate spaces to perform at optimum energy efficiency in conjunction with the central systems of a commercial building; and (viii) any impact on employment resulting from the design and construction of separate spaces with high-performance energy efficiency measures; and (B) case studies reporting economic and energy savings returns in the design and construction of separate spaces with high-performance energy efficiency measures. (3) Public participationNot later than 90 days after April 30, 2015, the Secretary shall publish a notice in the Federal Register requesting public comments regarding effective methods, measures, and practices for the design and construction of separate spaces with high-performance energy efficiency measures. (4) PublicationThe Secretary shall publish the study on the website of the Department of Energy.

42 U.S.C. § 17085 Tenant Star program

(a) DefinitionsIn this section:(1) High-performance energy efficiency measureThe term “high-performance energy efficiency measure” has the meaning given the term in section 17084 of this title. (2) Separate spacesThe term “separate spaces” has the meaning given the term in section 17084 of this title. (b) Tenant StarThe Administrator of the Environmental Protection Agency, in consultation with the Secretary of Energy, shall develop a voluntary program within the Energy Star program established by section 6294a of this title, which may be known as “Tenant Star”, to promote energy efficiency in separate spaces leased by tenants or otherwise occupied within commercial buildings. (c) Expanding survey dataThe Secretary of Energy, acting through the Administrator of the Energy Information Administration, shall—(1) collect, through each Commercial Buildings Energy Consumption Survey of the Energy Information Administration that is conducted after April 30, 2015, data on—(A) categories of building occupancy that are known to consume significant quantities of energy, such as occupancy by data centers, trading floors, and restaurants; and (B) other aspects of the property, building operation, or building occupancy determined by the Administrator of the Energy Information Administration, in consultation with the Administrator of the Environmental Protection Agency, to be relevant in lowering energy consumption; (2) with respect to the first Commercial Buildings Energy Consumption Survey conducted after April 30, 2015, to the extent full compliance with the requirements of paragraph (1) is not feasible, conduct activities to develop the capability to collect such data and begin to collect such data; and (3) make data collected under paragraphs (1) and (2) available to the public in aggregated form and provide such data, and any associated results, to the Administrator of the Environmental Protection Agency for use in accordance with subsection (d). (d) Recognition of owners and tenants(1) Occupancy-based recognitionNot later than 1 year after the date on which sufficient data is received pursuant to subsection (c), the Administrator of the Environmental Protection Agency shall, following an opportunity for public notice and comment—(A) in a manner similar to the Energy Star rating system for commercial buildings, develop policies and procedures to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces; (B) establish building occupancy categories eligible for Tenant Star recognition based on the data collected under subsection (c) and any other appropriate data sources; and (C) consider other forms of recognition for commercial building tenants or other occupants that lower energy consumption in separate spaces. (2) Design- and construction-based recognitionAfter the study required by section 17084(b) of this title is completed, the Administrator of the Environmental Protection Agency, in consultation with the Secretary and following an opportunity for public notice and comment, may develop a voluntary program to recognize commercial building owners and tenants that use high-performance energy efficiency measures in the design and construction of separate spaces.

42 U.S.C. § 17086 Advanced integration of buildings onto the electric grid

(a) In generalThe Secretary shall establish a program of research, development, and demonstration to enable components of commercial and residential buildings to serve as dynamic energy loads on and resources for the electric grid. The program shall focus on—(1) developing low-cost, low power, wireless sensors to—(A) monitor building energy load; (B) forecast building energy need; and (C) enable building-level energy control; (2) developing data management capabilities and standard communication protocols to further interoperability at the building and grid-level; (3) developing advanced building-level energy management of components through integration of smart technologies, control systems, and data processing, to enable energy efficiency and savings; (4) optimizing energy consumption at the building level to enable grid stability and resilience; (5) improving visualization of behind the meter equipment and technologies to provide better insight into the energy needs and energy forecasts of individual buildings; (6) reducing the cost of key components to accelerate the adoption of smart building technologies; (7) protecting against cybersecurity threats and addressing security vulnerabilities of building systems or equipment; and (8) other areas determined appropriate by the Secretary. (b) ConsiderationsIn carrying out the program under subsection (a), the Secretary shall—(1) work with utility partners, building owners, technology vendors, and building developers to test and validate technologies and encourage the commercial application of these technologies by building owners; and (2) consider the specific challenges of enabling greater interaction between components of—(A) small- and medium-sized buildings and the electric grid; and (B) residential and commercial buildings and the electric grid. (c) Buildings-to-grid integration reportNot later than 1 year after December 27, 2020, the Secretary shall submit to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the results of a study that examines the research, development, and demonstration opportunities, challenges, and standards needed to enable components of commercial and residential buildings to serve as dynamic energy loads on and resources for the electric grid.(1) Report requirementsThe report shall include—(A) an assessment of the technologies needed to enable building components as dynamic loads on and resources for the electric grid, including how such technologies can be—(i) incorporated into new commercial and residential buildings; and (ii) retrofitted in older buildings; (B) guidelines for the design of new buildings and building components to enable modern grid interactivity and improve energy efficiency; (C) an assessment of barriers to the adoption by building owners of advanced technologies enabling greater integration of building components onto the electric grid; and (D) an assessment of the feasibility of adopting technologies developed under subsection (a) at Department facilities. (2) RecommendationsAs part of the report, the Secretary shall develop a 10-year roadmap to guide the research, development, and demonstration program to enable components of commercial and residential buildings to serve as dynamic energy loads on and resources for the electric grid. (3) UpdatesThe Secretary shall update the report required under this section every 3 years for the duration of the program under subsection (a) and shall submit the updated report to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (d) Program implementationIn carrying out this section, the Secretary shall—(1) implement the recommendations from the report in subsection (c); and (2) coordinate across all relevant program offices at the Department to achieve the goals established in this section, including the Office of Electricity.

42 U.S.C. § 17091 Leasing

(a) In generalExcept as provided in subsection (b), effective beginning on the date that is 3 years after December 19, 2007, no Federal agency shall enter into a contract to lease space in a building that has not earned the Energy Star label in the most recent year. (b) Exception(1) ApplicationThis subsection applies if—(A) no space is available in a building described in subsection (a) that meets the functional requirements of an agency, including locational needs; (B) the agency proposes to remain in a building that the agency has occupied previously; (C) the agency proposes to lease a building of historical, architectural, or cultural significance (as defined in section 3306(a)(4) of title 40) or space in such a building; or (D) the lease is for not more than 10,000 gross square feet of space. (2) Buildings without Energy Star labelIf one of the conditions described in paragraph (1) is met, the agency may enter into a contract to lease space in a building that has not earned the Energy Star label in the most recent year if the lease contract includes provisions requiring that, prior to occupancy or, in the case of a contract described in paragraph (1)(B), not later than 1 year after signing the contract, the following requirements are met:(A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems. (B)(i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces—(I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and (II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. (ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph. (c) Revision of Federal Acquisition Regulation(1) In generalNot later than 3 years after December 19, 2007, the Federal Acquisition Regulation described in section 1121(b) and (c)(1) of title 41 shall be revised to require Federal officers and employees to comply with this section in leasing buildings. (2) ConsultationThe members of the Federal Acquisition Regulatory Council established under section 1302(a) of title 41 shall consult with the Federal Director and the Commercial Director before promulgating regulations to carry out this subsection.

42 U.S.C. § 17092 High-performance green Federal buildings

(a) Establishment of OfficeNot later than 60 days after December 19, 2007, the Administrator shall establish within the General Services Administration an Office of Federal High-Performance Green Buildings, and appoint an individual to serve as Federal Director in, a position in the career-reserved Senior Executive service, to—(1) establish and manage the Office of Federal High-Performance Green Buildings; and (2) carry out other duties as required under this part. (b) CompensationThe compensation of the Federal Director shall not exceed the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. (c) DutiesThe Federal Director shall—(1) coordinate the activities of the Office of Federal High-Performance Green Buildings with the activities of the Office of Commercial High-Performance Green Buildings, and the Secretary, in accordance with section 6834(a)(3)(D) of this title; (2) ensure full coordination of high-performance green building information and activities within the General Services Administration and all relevant agencies, including, at a minimum—(A) the Environmental Protection Agency; (B) the Office of the Federal Environmental Executive; (C) the Office of Federal Procurement Policy; (D) the Department of Energy; (E) the Department of Health and Human Services; (F) the Department of Defense; (G) the Department of Transportation; (H) the National Institute of Standards and Technology; and (I) the Office of Science and Technology Policy; (3) establish a senior-level Federal Green Building Advisory Committee under section 474,11 See References in Text note below. which shall provide advice and recommendations in accordance with that section and subsection (d); (4) identify and every 5 years reassess improved or higher rating standards recommended by the Advisory Committee; (5) ensure full coordination, dissemination of information regarding, and promotion of the results of research and development information relating to Federal high-performance green building initiatives; (6) identify and develop Federal high-performance green building standards for all types of Federal facilities, consistent with the requirements of this part and section 6834(a)(3)(D) of this title; (7) establish green practices that can be used throughout the life of a Federal facility; (8) review and analyze current Federal budget practices and life-cycle costing issues, and make recommendations to Congress, in accordance with subsection (d); and (9) identify opportunities to demonstrate innovative and emerging green building technologies and concepts. (d) Additional dutiesThe Federal Director, in consultation with the Commercial Director and the Advisory Committee, and consistent with the requirements of section 6834(a)(3)(D) of this title shall—(1) identify, review, and analyze current budget and contracting practices that affect achievement of high-performance green buildings, including the identification of barriers to high-performance green building life-cycle costing and budgetary issues; (2) develop guidance and conduct training sessions with budget specialists and contracting personnel from Federal agencies and budget examiners to apply life-cycle cost criteria to actual projects; (3) identify tools to aid life-cycle cost decisionmaking; and (4) explore the feasibility of incorporating the benefits of high-performance green buildings, such as security benefits, into a cost-budget analysis to aid in life-cycle costing for budget and decisionmaking processes. (e) IncentivesWithin 90 days after December 19, 2007, the Federal Director shall identify incentives to encourage the expedited use of high-performance green buildings and related technology in the operations of the Federal Government, in accordance with the requirements of section 6834(a)(3)(D) of this title, including through—(1) the provision of recognition awards; and (2) the maximum feasible retention of financial savings in the annual budgets of Federal agencies for use in reinvesting in future high-performance green building initiatives. (f) ReportNot later than 2 years after December 19, 2007, and biennially thereafter, the Federal Director, in consultation with the Secretary, shall submit to Congress a report that—(1) describes the status of compliance with this part, the requirements of section 6834(a)(3)(D) of this title, and other Federal high-performance green building initiatives in effect as of the date of the report, including—(A) the extent to which the programs are being carried out in accordance with this part and the requirements of section 6834(a)(3)(D) of this title; and (B) the status of funding requests and appropriations for those programs; (2) identifies within the planning, budgeting, and construction process all types of Federal facility procedures that may affect the certification of new and existing Federal facilities as high-performance green buildings under the provisions of section 6834(a)(3)(D) of this title and the criteria established in subsection (h); (3) identifies inconsistencies, as reported to the Advisory Committee, in Federal law with respect to product acquisition guidelines and high-performance product guidelines; (4) recommends language for uniform standards for use by Federal agencies in environmentally responsible acquisition; (5) in coordination with the Office of Management and Budget, reviews the budget process for capital programs with respect to alternatives for—(A) restructuring of budgets to require the use of complete energy and environmental cost accounting; (B) using operations expenditures in budget-related decisions while simultaneously incorporating productivity and health measures (as those measures can be quantified by the Office of Federal High-Performance Green Buildings, with the assistance of universities and national laboratories); (C) streamlining measures for permitting Federal agencies to retain all identified savings accrued as a result of the use of life-cycle costing for future high-performance green building initiatives; and (D) identifying short-term and long-term cost savings that accrue from high-performance green buildings, including those relating to health and productivity; (6) identifies green, self-sustaining technologies to address the operational needs of Federal facilities in times of national security emergencies, natural disasters, or other dire emergencies; (7) summarizes and highlights development, at the State and local level, of high-performance green building initiatives, including executive orders, policies, or laws adopted promoting high-performance green building (including the status of implementation of those initiatives); and (8) includes, for the 2-year period covered by the report, recommendations to address each of the matters, and a plan for implementation of each recommendation, described in paragraphs (1) through (7). (g) ImplementationThe Office of Federal High-Performance Green Buildings shall carry out each plan for implementation of recommendations under subsection (f)(8). (h) Identification of certification system(1) In generalFor the purpose of this section, not later than 60 days after December 19, 2007, the Federal Director shall identify and shall provide to the Secretary pursuant to section 6834(a)(3)(D) of this title, a certification system that the Director determines to be the most likely to encourage a comprehensive and environmentally-sound approach to certification of green buildings. (2) BasisThe system identified under paragraph (1) shall be based on—(A) a study completed every 5 years and provided to the Secretary pursuant to section 6834(a)(3)(D) of this title, which shall be carried out by the Federal Director to compare and evaluate standards; (B) the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this part; (C) the ability of the applicable standard-setting organization to collect and reflect public comment; (D) the ability of the standard to be developed and revised through a consensus-based process; (E) an evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting—(i) efficient and sustainable use of water, energy, and other natural resources; (ii) use of renewable energy sources; (iii) improved indoor environmental quality through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls; (iv) reduced impacts from transportation through building location and site design that promote access by public transportation; and (v) such other criteria as the Federal Director determines to be appropriate; and (F) national recognition within the building industry.

42 U.S.C. § 17093 Federal green building performance

(a) In generalNot later than October 31 of each of the 2 fiscal years following the fiscal year in which this Act is enacted, and at such times thereafter as the Comptroller General of the United States determines to be appropriate, the Comptroller General of the United States shall, with respect to the fiscal years that have passed since the preceding report—(1) conduct an audit of the implementation of this part, section 6834(a)(3)(D) of this title, and section 17091 of this title; and (2) submit to the Federal Director, the Advisory Committee, the Administrator, and Congress a report describing the results of the audit. (b) ContentsAn audit under subsection (a) shall include a review, with respect to the period covered by the report under subsection (a)(2), of—(1) budget, life-cycle costing, and contracting issues, using best practices identified by the Comptroller General of the United States and heads of other agencies in accordance with section 17092(d) of this title; (2) the level of coordination among the Federal Director, the Office of Management and Budget, the Department of Energy, and relevant agencies; (3) the performance of the Federal Director and other agencies in carrying out the implementation plan; (4) the design stage of high-performance green building measures; (5) high-performance building data that were collected and reported to the Office; and (6) such other matters as the Comptroller General of the United States determines to be appropriate. (c) Environmental Stewardship ScorecardThe Federal Director shall consult with the Advisory Committee to enhance, and assist in the implementation of, the Office of Management and Budget government efficiency reports and scorecards under section 17144 of this title and the Environmental Stewardship Scorecard announced at the White House summit on Federal sustainable buildings in January 2006, to measure the implementation by each Federal agency of sustainable design and green building initiatives.

42 U.S.C. § 17094 Storm water runoff requirements for Federal development projects

The sponsor of any development or redevelopment project involving a Federal facility with a footprint that exceeds 5,000 square feet shall use site planning, design, construction, and maintenance strategies for the property to maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology of the property with regard to the temperature, rate, volume, and duration of flow.

42 U.S.C. § 17095 Cost-effective technology acceleration program

(a) Definition of AdministratorIn this section, the term “Administrator” means the Administrator of General Services. (b) Establishment(1) In generalThe Administrator shall establish a program to accelerate the use of more cost-effective technologies and practices at GSA facilities. (2) RequirementsThe program established under this subsection shall—(A) ensure centralized responsibility for the coordination of cost reduction-related recommendations, practices, and activities of all relevant Federal agencies; (B) provide technical assistance and operational guidance to applicable tenants to achieve the goal identified in subsection (c)(2)(B)(ii); (C) establish methods to track the success of Federal departments and agencies with respect to that goal; and (D) be fully coordinated with and no less stringent nor less energy-conserving or water-conserving than required by other provisions of this Act and other applicable law, including sections 321 through 324, 431 through 438, 461, 511 through 518, and 523 through 525 and amendments made by those sections. (c) Accelerated use of technologies(1) Review(A) In generalAs part of the program under this section, not later than 90 days after December 19, 2007, the Administrator shall conduct a review of—(i) current use of cost-effective lighting technologies and geothermal heat pumps in GSA facilities; and (ii) the availability to managers of GSA facilities of cost-effective lighting technologies and geothermal heat pumps. (B) RequirementsThe review under subparagraph (A) shall—(i) examine the use of cost-effective lighting technologies, geothermal heat pumps, and other cost-effective technologies and practices by Federal agencies in GSA facilities; and (ii) as prepared in consultation with the Administrator of the Environmental Protection Agency, identify cost-effective lighting technology and geothermal heat pump technology standards that could be used for all types of GSA facilities. (2) Replacement(A) In generalAs part of the program under this section, not later than 180 days after December 19, 2007, the Administrator shall establish, using available appropriations and programs implementing sections 432 and 525 11 See References in Text note below. (and amendments made by those sections), a cost-effective lighting technology and geothermal heat pump technology acceleration program to achieve maximum feasible replacement of existing lighting, heating, cooling 22 So in original. Probably should be “and cooling”. technologies with cost-effective lighting technologies and geothermal heat pump technologies in each GSA facility. Such program shall fully comply with the requirements of sections 321 through 324, 431 through 438, 461, 511 through 518, and 523 through 525 1 and amendments made by those sections and any other provisions of law, which shall be applicable to the extent that they are more stringent or would achieve greater energy savings than required by this section. (B) Acceleration plan timetable(i) In generalTo implement the program established under subparagraph (A), not later than 1 year after December 19, 2007, the Administrator shall establish a timetable of actions to comply with the requirements of this section and sections 431 through 435, whichever achieves greater energy savings most expeditiously, including milestones for specific activities needed to replace existing lighting, heating, cooling 2 technologies with cost-effective lighting technologies and geothermal heat pump technologies, to the maximum extent feasible (including at the maximum rate feasible), at each GSA facility. (ii) GoalThe goal of the timetable under clause (i) shall be to complete, using available appropriations and programs implementing sections 431 through 435 1 (and amendments made by those sections), maximum feasible replacement of existing lighting, heating, and cooling technologies with cost-effective lighting technologies and geothermal heat pump technologies consistent with the requirements of this section and sections 431 through 435,1 whichever achieves greater energy savings most expeditiously. Notwithstanding any provision of this section, such program shall fully comply with the requirements of the Act 33 So in original. Probably should be “this Act”. including sections 321 through 324, 431 through 438, 461, 511 through 518, and 523 through 525 and amendments made by those sections and other provisions of law, which shall be applicable to the extent that they are more stringent or would achieve greater energy or water savings than required by this section. (d) GSA facility technologies and practices(1) In generalNot later than 180 days after December 19, 2007, and annually thereafter, the Administrator shall—(A) ensure that a manager responsible for implementing section 432 1 and for accelerating the use of cost-effective technologies and practices is designated for each GSA facility; and (B) submit to Congress a plan to comply with section 432,1 this section, and other applicable provisions of this Act and applicable law with respect to energy and water conservation at GSA facilities. (2) MeasuresThe plan shall implement measures required by such other provisions of law in accordance with those provisions, and shall implement the measures required by this section to the maximum extent feasible (including at the maximum rate feasible) using available appropriations and programs implementing sections 431 through 435 and 525 1 (and amendments made by those sections), by not later than the date that is 5 years after December 19, 2007. (3) Contents of planThe plan shall—(A) with respect to cost-effective technologies and practices—(i) identify the specific activities needed to comply with sections 431 through 435; 1 (ii) identify the specific activities needed to achieve at least a 20-percent reduction in operational costs through the application of cost-effective technologies and practices from 2003 levels at GSA facilities by not later than 5 years after December 19, 2007; (iii) describe activities required and carried out to estimate the funds necessary to achieve the reduction described in clauses (i) and (ii); (B) include an estimate of the funds necessary to carry out this section; (C) describe the status of the implementation of cost-effective technologies and practices at GSA facilities, including—(i) the extent to which programs, including the program established under subsection (b), are being carried out in accordance with this part; and (ii) the status of funding requests and appropriations for those programs; (D) identify within the planning, budgeting, and construction processes, all types of GSA facility-related procedures that inhibit new and existing GSA facilities from implementing cost-effective technologies; (E) recommend language for uniform standards for use by Federal agencies in implementing cost-effective technologies and practices; (F) in coordination with the Office of Management and Budget, review the budget process for capital programs with respect to alternatives for—(i) implementing measures that will assure that Federal agencies retain all identified savings accrued as a result of the use of cost-effective technologies, consistent with section 8253(a)(1) of this title, and other applicable law; and (ii) identifying short- and long-term cost savings that accrue from the use of cost-effective technologies and practices; (G) with respect to cost-effective technologies and practices, achieve substantial operational cost savings through the application of the technologies; and (H) include recommendations to address each of the matters, and a plan for implementation of each recommendation, described in subparagraphs (A) through (G). (4) AdministrationNotwithstanding any provision of this section, the program required under this section shall fully comply with the requirements of sections 321 through 324, 431 through 438, 461, 511 through 518, and 523 through 525 1 and amendments made by those sections, which shall be applicable to the extent that they are more stringent or would achieve greater energy or water savings than required by this section. (e) Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.

42 U.S.C. § 17096 Authorization of appropriations

There is authorized to be appropriated to carry out sections 434 through 439 and 482 11 See References in Text note below. $4,000,000 for each of fiscal years 2008 through 2012, to remain available until expended.

42 U.S.C. § 17111 Future of industry program

(a) DefinitionsIn this section:(1) Eligible entityThe term “eligible entity” means—(A) an energy-intensive industry; (B) a national trade association representing an energy-intensive industry; or (C) a person acting on behalf of 1 or more energy-intensive industries or sectors, as determined by the Secretary. (2) Energy-intensive industryThe term “energy-intensive industry” means an industry that uses significant quantities of energy as part of its primary economic activities, including—(A) information technology, including data centers containing electrical equipment used in processing, storing, and transmitting digital information; (B) consumer product manufacturing; (C) food processing; (D) materials manufacturers, including—(i) aluminum; (ii) chemicals; (iii) forest and paper products; (iv) metal casting; (v) glass; (vi) petroleum refining; (vii) mining; and (viii) steel; (E) water and wastewater treatment facilities, including systems that treat municipal, industrial, and agricultural waste; and (F) other energy-intensive industries, as determined by the Secretary. (3) FeedstockThe term “feedstock” means the raw material supplied for use in manufacturing, chemical, and biological processes. (4) PartnershipThe term “partnership” means an energy efficiency partnership established under subsection (c)(1)(A). (5) ProgramThe term “program” means the energy-intensive industries program established under subsection (b). (b) Establishment of programThe Secretary shall establish a program under which the Secretary, in cooperation with energy-intensive industries and national industry trade associations representing the energy-intensive industries, shall support, research, develop, and promote the use of new materials processes, technologies, and techniques to optimize energy efficiency and the economic competitiveness of the United States’ industrial and commercial sectors. (c) Partnerships(1) In generalAs part of the program, the Secretary shall establish energy efficiency partnerships between the Secretary and eligible entities to conduct research on, develop, and demonstrate new processes, technologies, and operating practices and techniques to significantly improve the energy efficiency of equipment and processes used by energy-intensive industries, including the conduct of activities to—(A) increase the energy efficiency of industrial processes and facilities; (B) research, develop, and demonstrate advanced technologies capable of energy intensity reductions and increased environmental performance; and (C) promote the use of the processes, technologies, and techniques described in subparagraphs (A) and (B). (2) Eligible activitiesPartnership activities eligible for funding under this subsection include—(A) feedstock and recycling research, development, and demonstration activities to identify and promote—(i) opportunities for meeting industry feedstock requirements with more energy efficient and flexible sources of feedstock or energy supply; (ii) strategies to develop and deploy technologies that improve the quality and quantity of feedstocks recovered from process and waste streams; and (iii) other methods using recycling, reuse, and improved industrial materials; (B) research to develop and demonstrate technologies and processes that utilize alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries; (C) research to achieve energy efficiency in steam, power, control system, and process heat technologies, and in other manufacturing processes; and (D) industrial and commercial energy efficiency and sustainability assessments to—(i) assist individual industrial and commercial sectors in developing tools, techniques, and methodologies to assess—(I) the unique processes and facilities of the sectors; (II) the energy utilization requirements of the sectors; and (III) the application of new, more energy efficient technologies; and (ii) conduct energy savings assessments; (E) the incorporation of technologies and innovations that would significantly improve the energy efficiency and utilization of energy-intensive commercial applications; and (F) any other activities that the Secretary determines to be appropriate. (3) Proposals(A) In generalTo be eligible for funding under this subsection, a partnership shall submit to the Secretary a proposal that describes the proposed research, development, or demonstration activity to be conducted by the partnership. (B) ReviewAfter reviewing the scientific, technical, and commercial merit of a proposals 11 So in original. submitted under subparagraph (A), the Secretary shall approve or disapprove the proposal. (C) Competitive awardsThe provision of funding under this subsection shall be on a competitive basis. (4) Cost-sharing requirementIn carrying out this section, the Secretary shall require cost sharing in accordance with section 16352 of this title. (d) GrantsThe Secretary may award competitive grants for innovative technology research, development and demonstrations to universities, individual inventors, and small companies, based on energy savings potential, commercial viability, and technical merit. (e) Authorization of appropriations(1) In generalThere are authorized to be appropriated to the Secretary to carry out this section—(A) $184,000,000 for fiscal year 2008; (B) $190,000,000 for fiscal year 2009; (C) $196,000,000 for fiscal year 2010; (D) $202,000,000 for fiscal year 2011; (E) $208,000,000 for fiscal year 2012; and (F) such sums as are necessary for fiscal year 2013 and each fiscal year thereafter. (2) Partnership activitiesOf the amounts made available under paragraph (1), not less than 50 percent shall be used to pay the Federal share of partnership activities under subsection (c). (3) Coordination and nonduplicationThe Secretary shall coordinate efforts under this section with other programs of the Department and other Federal agencies to avoid duplication of effort.

42 U.S.C. § 17112 Energy efficiency for data center buildings

(a) DefinitionsIn this section:(1) Data centerThe term “data center” means any facility that primarily contains electronic equipment used to process, store, and transmit digital information, which may be—(A) a free-standing structure; or (B) a facility within a larger structure, that uses environmental control equipment to maintain the proper conditions for the operation of electronic equipment. (2) Data center operatorThe term “data center operator” means any person or government entity that builds or operates a data center or purchases data center services, equipment, and facilities. (b) Voluntary national information program(1) In generalNot later than 90 days after December 19, 2007, the Secretary and the Administrator of the Environmental Protection Agency shall, after consulting with information technology industry and other interested parties, initiate a voluntary national information program for those types of data centers and data center equipment and facilities that are widely used and for which there is a potential for significant data center energy savings as a result of the program. (2) RequirementsThe program described in paragraph (1) shall—(A) address data center efficiency holistically, reflecting the total energy consumption of data centers as whole systems, including both equipment and facilities; (B) consider prior work and studies undertaken in this area, including by the Environmental Protection Agency and the Department of Energy; (C) consistent with the objectives described in paragraph (1), determine the type of data center and data center equipment and facilities to be covered under the program; (D) produce specifications, measurements, best practices, and benchmarks that will enable data center operators to make more informed decisions about the energy efficiency and costs of data centers, and that take into account—(i) the performance and use of servers, data storage devices, and other information technology equipment; (ii) the efficiency of heating, ventilation, and air conditioning, cooling, and power conditioning systems, provided that no modification shall be required of a standard then in effect under the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.) for any covered heating, ventilation, air-conditioning, cooling or power-conditioning product; (iii) energy savings from the adoption of software and data management techniques; and (iv) other factors proposed by the stakeholders described in subsection (c); (E) allow for creation of separate specifications, measurements, and benchmarks based on data center size and function, as well as other appropriate characteristics; (F) advance the design and implementation of efficiency technologies to the maximum extent economically practical; (G) provide to data center operators in the private sector and the Federal Government information about best practices and purchasing decisions that reduce the energy consumption of data centers; and (H) publish the information described in subparagraph (G), which may be disseminated through catalogs, trade publications, the Internet, or other mechanisms, that will allow data center operators to assess the energy consumption and potential cost savings of alternative data centers and data center equipment and facilities. (c) Stakeholder involvement(1) In generalThe Secretary and the Administrator shall carry out subsection (b) in collaboration with the information technology industry and other key stakeholders, with the goal of producing results that accurately reflect the most relevant and useful information. (2) ConsiderationsIn carrying out the collaboration described in paragraph (1), the Secretary and the Administrator shall pay particular attention to organizations that—(A) have members with expertise in energy efficiency and in the development, operation, and functionality of data centers, information technology equipment, and software, including representatives of hardware manufacturers, data center operators, and facility managers; (B) obtain and address input from the National Laboratories (as that term is defined in section 15801) of this title, or any institution of higher education, research institution, industry association, company, or public interest group with applicable expertise; (C) follow—(i) commonly accepted procedures for the development of specifications; and (ii) accredited standards development processes; or (D) have a mission to promote energy efficiency for data centers and information technology. (d) Measurements and specificationsThe Secretary and the Administrator shall consider and assess the adequacy of the specifications, measurements, best practices, and benchmarks described in subsection (b) for use by the Federal Energy Management Program, the Energy Star Program, and other efficiency programs of the Department of Energy or the Environmental Protection Agency. (e) Study(1) Definition of reportIn this subsection, the term “report” means the report of the Lawrence Berkeley National Laboratory entitled “United States Data Center Energy Usage Report” and dated June 2016, which was prepared as an update to the “Report to Congress on Server and Data Center Energy Efficiency”, published on August 2, 2007, pursuant to section 1 of Public Law 109–431 (120 Stat. 2920). (2) StudyNot later than 4 years after December 27, 2020, the Secretary, in collaboration with the Administrator, shall make available to the public an update to the report that provides—(A) a comparison and gap analysis of the estimates and projections contained in the report with new data regarding the period from 2015 through 2019; (B) an analysis considering the impact of information technologies, including virtualization and cloud computing, in the public and private sectors; (C) an evaluation of the impact of the combination of cloud platforms, mobile devices, social media, and big data on data center energy usage; (D) an evaluation of water usage in data centers and recommendations for reductions in that water usage; and (E) updated projections and recommendations for best practices through fiscal year 2025. (f) Data center energy practitioner program(1) In generalThe Secretary, in collaboration with key stakeholders and the Director of the Office of Management and Budget, shall maintain a data center energy practitioner program that provides for the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in federally owned and operated data centers. (2) EvaluationsEach Federal agency shall consider having the data centers of the agency evaluated once every 4 years by energy practitioners certified pursuant to the program, whenever practicable using certified practitioners employed by the agency. (g) Open data initiative(1) In generalThe Secretary, in collaboration with key stakeholders and the Director of the Office of Management and Budget, shall establish an open data initiative relating to energy usage at federally owned and operated data centers, with the purpose of making the data available and accessible in a manner that encourages further data center innovation, optimization, and consolidation. (2) ConsiderationIn establishing the initiative under paragraph (1), the Secretary shall consider using the online Data Center Maturity Model. (h) International specifications and metricsThe Secretary, in collaboration with key stakeholders, shall actively participate in efforts to harmonize global specifications and metrics for data center energy and water efficiency. (i) Data center utilization metricThe Secretary, in collaboration with key stakeholders, shall facilitate in the development of an efficiency metric that measures the energy efficiency of a data center (including equipment and facilities). (j) Protection of proprietary informationThe Secretary and the Administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the programs and initiatives established under this section.

42 U.S.C. § 17113 Industrial emissions reduction technology development program

(a) DefinitionsIn this section:(1) DirectorThe term “Director” means the Director of the Office of Science and Technology Policy. (2) Eligible entityThe term “eligible entity” means—(A) a scientist or other individual with knowledge and expertise in emissions reduction; (B) an institution of higher education; (C) a nongovernmental organization; (D) a National Laboratory; (E) a private entity; and (F) a partnership or consortium of 2 or more entities described in subparagraphs (B) through (E). (3) Emissions reduction(A) In generalThe term “emissions reduction” means the reduction, to the maximum extent practicable, of net nonwater greenhouse gas emissions to the atmosphere by energy services and industrial processes. (B) ExclusionThe term “emissions reduction” does not include the elimination of carbon embodied in the principal products of industrial manufacturing. (4) ProgramThe term “program” means the program established under subsection (b)(1). (5) Critical material or mineralThe term “critical material or mineral” means a material or mineral that serves an essential function in the manufacturing of a product and has a high risk of a supply disruption, such that a shortage of such a material or mineral would have significant consequences for United States economic or national security. (b) Industrial emissions reduction technology development program(1) In generalNot later than 1 year after December 27, 2020, the Secretary, in consultation with the Director, the heads of relevant Federal agencies, National Laboratories, industry, and institutions of higher education, shall establish a crosscutting industrial emissions reduction technology development program of research, development, demonstration, and commercial application to advance innovative technologies that—(A) increase the technological and economic competitiveness of industry and manufacturing in the United States; (B) increase the viability and competitiveness of United States industrial technology exports; and (C) achieve emissions reduction in nonpower industrial sectors. (2) CoordinationIn carrying out the program, the Secretary shall—(A) coordinate with each relevant office in the Department and any other Federal agency; (B) coordinate and collaborate with the Industrial Technology Innovation Advisory Committee established under section 17115 of this title; and (C) coordinate and seek to avoid duplication with the Future of Industry 11 So in original. program established under section 17111 of this title. (3) Leverage of existing resourcesIn carrying out the program, the Secretary shall leverage, to the maximum extent practicable—(A) existing resources and programs of the Department and other relevant Federal agencies; and (B) public-private partnerships. (c) Focus areasThe program shall focus on—(1) industrial production processes, including technologies and processes that—(A) achieve emissions reduction in high emissions industrial materials production processes, including production processes for iron, steel, steel mill products, aluminum, cement, concrete, glass, pulp, paper, and industrial ceramics; (B) achieve emissions reduction in medium- and high-temperature heat generation, including—(i) through electrification of heating processes; (ii) through renewable heat generation technology; (iii) through combined heat and power; and (iv) by switching to alternative fuels, including hydrogen and nuclear energy; (C) achieve emissions reduction in chemical production processes, including by incorporating, if appropriate and practicable, principles, practices, and methodologies of sustainable chemistry and engineering; (D) leverage smart manufacturing technologies and principles, digital manufacturing technologies, and advanced data analytics to develop advanced technologies and practices in information, automation, monitoring, computation, sensing, modeling, and networking to—(i) model and simulate manufacturing production lines; (ii) monitor and communicate production line status; (iii) manage and optimize energy productivity and cost throughout production; and (iv) model, simulate, and optimize the energy efficiency of manufacturing processes; (E) leverage the principles of sustainable manufacturing to minimize the potential negative environmental impacts of manufacturing while conserving energy and resources, including—(i) by designing products that enable reuse, refurbishment, remanufacturing, and recycling; (ii) by minimizing waste from industrial processes, including through the reuse of waste as other resources in other industrial processes for mutual benefit; and (iii) by increasing resource efficiency; and (F) increase the energy efficiency of industrial processes; (2) alternative materials that produce fewer emissions during production and result in fewer emissions during use, including—(A) high-performance lightweight materials; and (B) substitutions for critical materials and minerals; (3) development of net-zero emissions liquid and gaseous fuels; (4) emissions reduction in shipping, aviation, and long distance transportation; (5) carbon capture technologies for industrial processes; (6) other technologies that achieve net-zero emissions in nonpower industrial sectors, as determined by the Secretary, in consultation with the Director; and (7) high-performance computing to develop advanced materials and manufacturing processes contributing to the focus areas described in paragraphs (1) through (6), including—(A) modeling, simulation, and optimization of the design of energy efficient and sustainable products; and (B) the use of digital prototyping and additive manufacturing to enhance product design. (8) incorporation of sustainable chemistry and engineering principles, practices, and methodologies, as the Secretary determines appropriate; and (9) other research or technology areas identified in the Strategic Plan authorized in section 17114 of this title. (d) Grants, contracts, cooperative agreements, and demonstration projects(1) GrantsIn carrying out the program, the Secretary shall award grants on a competitive basis to eligible entities for projects that the Secretary determines would best achieve the goals of the program. (2) Contracts and cooperative agreementsIn carrying out the program, the Secretary may enter into contracts and cooperative agreements with eligible entities and Federal agencies for projects that the Secretary determines would further the purposes of the program. (3) Demonstration projectsIn supporting technologies developed under this section, the Secretary shall fund demonstration projects that test and validate technologies described in subsection (c). (4) ApplicationAn entity seeking funding or a contract or agreement under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (5) Cost sharingIn awarding funds under this section, the Secretary shall require cost sharing in accordance with section 16352 of this title. (e) Authorization of appropriationsThere are authorized to be appropriated to the Secretary to carry out the demonstration projects authorized in subsection (d)(3)—(1) $20,000,000 for fiscal year 2021; (2) $80,000,000 for fiscal year 2022; (3) $100,000,000 for fiscal year 2023; (4) $150,000,000 for fiscal year 2024; and (5) $150,000,000 for fiscal year 2025. (f) CoordinationThe Secretary shall carry out the activities authorized in this section in accordance with section 18631 of this title.

42 U.S.C. § 17113a Low-emissions steel manufacturing research program

(a) PurposeThe purpose of this section is to encourage the research and development of innovative technologies aimed at—(1) increasing the technological and economic competitiveness of industry and manufacturing in the United States; and (2) achieving significant net nonwater greenhouse emissions reductions in the production processes for iron, steel, and steel mill products. (b) DefinitionsIn this section:(1) Commercially available steelmakingThe term “commercially available steelmaking” means the current production method of iron, steel, and steel mill products. (2) Critical materialThe term “critical material” has the meaning given such term in section 1606 of title 30. (3) Critical mineralThe term “critical mineral” has the meaning given such term in section 1606 of title 30. (4) Eligible entityThe term “eligible entity” means—(A) an institution of higher education; (B) an appropriate State or Federal entity, including a federally funded research and development center of the Department; (C) a nonprofit research institution; (D) a private entity; (E) any other relevant entity the Secretary determines appropriate; and (F) a partnership or consortium of two or more entities described in subparagraphs (A) through (E). (5) Institution of higher educationThe term “institution of higher education” has the meaning given the term in section 1001 of title 20. (6) Low-emissions steel manufacturingThe term “low-emissions steel manufacturing” means advanced or commercially available steelmaking with the reduction, to the maximum extent practicable, of net nonwater greenhouse gas emissions to the atmosphere from the production of iron, steel, and steel mill products. (c) In generalNot later than 180 days after August 9, 2022, the Secretary shall establish a program of research, development, demonstration, and commercial application of advanced tools, technologies, and methods for low-emissions steel manufacturing. (d) RequirementsIn carrying out the program under subsection (c), the Secretary shall—(1) coordinate this program with the programs and activities authorized in title VI of division Z of the Consolidated Appropriations Act, 2021; (2) coordinate across all relevant program offices of the Department, including the Office of Science, Office of Energy Efficiency and Renewable Energy, the Office of Fossil Energy, and the Office of Nuclear Energy; (3) leverage, to the extent practicable, the research infrastructure of the Department, including scientific computing user facilities, x-ray light sources, neutron scattering facilities, and nanoscale science research centers; and (4) conduct research, development, and demonstration of low-emissions steel manufacturing technologies that have the potential to increase domestic production and employment in advanced and commercially available steelmaking. (e) Strategic plan(1) In generalNot later than 180 days after August 9, 2022, the Secretary shall develop a 5-year strategic plan identifying research, development, demonstration, and commercial application goals for the program established in subsection (c). The Secretary shall submit this plan to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) ContentsThe strategic plan submitted under paragraph (1) shall—(A) identify programs at the Department related to low-emissions steel manufacturing that support the research, development, demonstration, and commercial application activities described in this section, and the demonstration projects under subsection (h); (B) establish technological and programmatic goals to achieve the requirements of subsection (d); and (C) include timelines for the accomplishment of goals developed under the plan. (3) Updates to planNot less than once every two years, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an updated version of the plan under paragraph (1). (f) Focus areasIn carrying out the program established in subsection (c), the Secretary shall focus on—(1) medium- and high-temperature heat generation technologies used for low-emissions steel manufacturing, which may include—(A) alternative fuels, including hydrogen and biomass; (B) alternative reducing agents, including hydrogen; (C) renewable heat generation technology, including solar and geothermal; (D) electrification of heating processes, including through electrolysis; and (E) other heat generation sources; (2) carbon capture technologies for advanced and commercially available steelmaking processes, which may include—(A) combustion and chemical looping technologies; (B) use of slag to reduce carbon dioxide emissions; (C) pre-combustion technologies; and (D) post-combustion technologies; (3) smart manufacturing technologies and principles, digital manufacturing technologies, and advanced data analytics to develop advanced technologies and practices in information, automation, monitoring, computation, sensing, modeling, and networking to—(A) model and simulate manufacturing production lines; (B) monitor and communicate production line status; and (C) model, simulate, and optimize the energy efficiency of manufacturing processes; (4) technologies and practices that minimize energy and natural resource consumption, which may include—(A) designing products that enable reuse, refurbishment, remanufacturing, and recycling; (B) minimizing waste from advanced and commercially available steelmaking processes, including through the reuse of waste as resources in other industrial processes for mutual benefit; (C) increasing resource efficiency; and (D) increasing the energy efficiency of advanced and commercially available steelmaking processes; (5) alternative materials and technologies that produce fewer emissions during production and result in fewer emissions during use, which may include—(A) innovative raw materials; (B) high-performance lightweight materials; (C) substitutions for critical materials and critical minerals; and (D) other technologies that achieve significant carbon emission reductions in low-emissions steel manufacturing, as determined by the Secretary; and (6) high-performance computing to develop advanced materials and manufacturing processes contributing to the focus areas described in paragraphs (1) through (5), including—(A) modeling, simulation, and optimization of the design of energy efficient and sustainable products; and (B) the use of digital prototyping and additive manufacturing to enhance product design. (g) Testing and validationThe Secretary, in consultation with the Director of the National Institute of Standards and Technology, shall support the development of standardized testing and technical validation of advanced and commercially available steelmaking and low-emissions steel manufacturing through collaboration with one or more National Laboratories, and one or more eligible entities. (h) Demonstration(1) EstablishmentNot later than 180 days after August 9, 2022, the Secretary, in carrying out the program established in subsection (c), and in collaboration with industry partners, institutions of higher education, and the National Laboratories, shall support an initiative for the demonstration of low-emissions steel manufacturing, as identified by the Secretary, that uses either—(A) a single technology; or (B) a combination of multiple technologies. (2) Selection requirementsUnder the initiative established under paragraph (1), the Secretary shall select eligible entities to carry out demonstration projects and to the maximum extent practicable—(A) encourage regional diversity among eligible entities, including participation by rural States; (B) encourage technological diversity among eligible entities; and (C) ensure that specific projects selected—(i) expand on the existing technology demonstration programs of the Department; and (ii) prioritize projects that leverage matching funds from non-Federal sources. (3) ReportsThe Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate—(A) not less frequently than once every two years for the duration of the demonstration initiative under this subsection, a report describing the performance of the initiative; and (B) if the initiative established under this subsection is terminated, an assessment of the success of, and education provided by, the measures carried out by recipients of financial assistance under the initiative. (i) Additional coordination(1) Manufacturing U.S.A.In carrying out this section the Secretary shall consider—(A) leveraging the resources of relevant existing Manufacturing USA Institutes described in section 278s(d) of title 15; (B) integrating program activities into a relevant existing Manufacturing USA Institute; or (C) establishing a new institute focused on low-emissions steel manufacturing. (2) Other Federal agenciesIn carrying out this section, the Secretary shall coordinate with other Federal agencies that are carrying out research and development initiatives to increase industrial competitiveness and achieve significant net nonwater greenhouse emissions reductions through low-emissions steel manufacturing, including the Department of Defense, Department of Transportation, and the National Institute of Standards and Technology.

42 U.S.C. § 17113b Advanced industrial facilities deployment program

(a) Office of Clean Energy DemonstrationsIn addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Office of Clean Energy Demonstrations, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,812,000,000, to remain available through September 30, 2026, to carry out this section. (b) Financial assistanceThe Secretary shall use funds appropriated by subsection (a) to provide financial assistance, on a competitive basis, to eligible entities to carry out projects for—(1) the purchase and installation, or implementation, of advanced industrial technology at an eligible facility; (2) retrofits, upgrades to, or operational improvements at an eligible facility to install or implement advanced industrial technology; or (3) engineering studies and other work needed to prepare an eligible facility for activities described in paragraph (1) or (2). (c) ApplicationTo be eligible to receive financial assistance under subsection (b), an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the expected greenhouse gas emissions reductions to be achieved by carrying out the project. (d) PriorityIn providing financial assistance under subsection (b), the Secretary shall give priority consideration to projects on the basis of, as determined by the Secretary—(1) the expected greenhouse gas emissions reductions to be achieved by carrying out the project; (2) the extent to which the project would provide the greatest benefit for the greatest number of people within the area in which the eligible facility is located; and (3) whether the eligible entity participates or would participate in a partnership with purchasers of the output of the eligible facility. (e) Cost shareThe Secretary shall require an eligible entity to provide not less than 50 percent of the cost of a project carried out pursuant to this section. (f) Administrative costsThe Secretary shall reserve not more than $300,000,000 of amounts made available under subsection (a) for administrative costs of carrying out this section. (g) DefinitionsIn this section:(1) Advanced industrial technologyThe term “advanced industrial technology” means a technology directly involved in an industrial process, as described in any of paragraphs (1) through (6) of section 17113(c) of this title, and designed to accelerate greenhouse gas emissions reduction progress to net-zero at an eligible facility, as determined by the Secretary. (2) Eligible entityThe term “eligible entity” means the owner or operator of an eligible facility. (3) Eligible facilityThe term “eligible facility” means a domestic, non-Federal, nonpower industrial or manufacturing facility engaged in energy-intensive industrial processes, including production processes for iron, steel, steel mill products, aluminum, cement, concrete, glass, pulp, paper, industrial ceramics, chemicals, and other energy intensive industrial processes, as determined by the Secretary. (4) Financial assistanceThe term “financial assistance” means a grant, rebate, direct loan, or cooperative agreement.

42 U.S.C. § 17114 Industrial Technology Innovation Advisory Committee

(a) DefinitionsIn this section:(1) CommitteeThe term “Committee” means the Industrial Technology Innovation Advisory Committee established under subsection (b). (2) DirectorThe term “Director” means the Director of the Office of Science and Technology Policy. (3) Emissions reductionThe term “emissions reduction” has the meaning given the term in section 17113(a) of this title. (4) ProgramThe term “program” means the industrial emissions reduction technology development program established under section 17113(b)(1) of this title. (b) EstablishmentNot later than 180 days after December 27, 2020, the Secretary, in consultation with the Director, shall establish an advisory committee, to be known as the “Industrial Technology Innovation Advisory Committee”. (c) Membership(1) AppointmentThe Committee shall be comprised of not fewer than 16 members and not more than 20 members, who shall be appointed by the Secretary, in consultation with the Director. (2) RepresentationMembers appointed pursuant to paragraph (1) shall include—(A) not less than 1 representative of each relevant Federal agency, as determined by the Secretary; (B) the Chair of the Secretary of Energy Advisory Board, if that position is filled; (C) not less than 2 representatives of labor groups; (D) not less than 3 representatives of the research community, which shall include academia and National Laboratories; (E) not less than 2 representatives of nongovernmental organizations; (F) 11 So in original. There are two subpars. (F). not less than 6 representatives of small- and large-scale industry, the collective expertise of which shall cover every focus area described in section 17113(c) of this title; and 22 So in original. The word “and” probably should not appear. (F) 1 not less than 1 representative of a State government; and (G) any other individuals the Secretary, in coordination with the Director, determines to be necessary to ensure that the Committee is comprised of a diverse group of representatives of industry, academia, independent researchers, and public and private entities. (3) ChairThe Secretary shall designate a member of the Committee to serve as Chair. (d) Duties(1) In generalThe Committee shall—(A) in consultation with the Secretary and the Director, propose missions and goals for the program, which shall be consistent with the purposes of the program described in section 17113(b)(1) of this title; and (B) advise the Secretary with respect to the program—(i) by identifying and evaluating any technologies being developed by the private sector relating to the focus areas described in section 17113(c) of this title; (ii) by identifying technology gaps in the private sector or other Federal agencies in those focus areas, and making recommendations to address those gaps; (iii) by surveying and analyzing factors that prevent the adoption of emissions reduction technologies by the private sector; and (iv) by recommending technology screening criteria for technology developed under the program to encourage adoption of the technology by the private sector; and (C) develop the strategic plan described in paragraph (2). (2) Strategic plan(A) PurposeThe purpose of the strategic plan developed under paragraph (1)(C) is to set forth a plan for achieving the goals of the program established in section 17113(b)(1) of this title, including for the focus areas described in section 17113(c) of this title. (B) ContentsThe strategic plan developed under paragraph (1)(C) shall—(i) specify near-term and long-term qualitative and quantitative objectives relating to each focus area described in section 17113(c) of this title, including research, development, demonstration, and commercial application objectives; (ii) leverage existing roadmaps relevant to the program in section 17113(b)(1) of this title and the focus areas in section 17113(c) of this title; (iii) specify the anticipated timeframe for achieving the objectives specified under clause (i); (iv) include plans for developing emissions reduction technologies that are globally cost-competitive, including, as applicable, in developing economies; (v) identify the appropriate role for investment by the Federal Government, in coordination with the private sector, to achieve the objectives specified under clause (i); (vi) identify the public and private costs of achieving the objectives specified under clause (i); and (vii) estimate the economic and employment impact in the United States of achieving those objectives. (e) Meetings(1) FrequencyThe Committee shall meet not less frequently than 2 times per year, at the call of the Chair. (2) Initial meetingNot later than 30 days after the date on which the members are appointed under subsection (b), the Committee shall hold its first meeting. (f) Committee report(1) In generalNot later than 2 years after December 27, 2020, and not less frequently than once every 3 years thereafter, the Committee shall submit to the Secretary a report on the progress of achieving the purposes of the program. (2) ContentsThe report under paragraph (1) shall include—(A) a description of any technology innovation opportunities identified by the Committee; (B) a description of any technology gaps identified by the Committee under subsection (d)(1)(B)(ii); (C) recommendations for improving technology screening criteria and management of the program; (D) an evaluation of the progress of the program and the research, development, and demonstration activities funded under the program; (E) any recommended changes to the focus areas of the program described in section 17113(c) of this title; (F) a description of the manner in which the Committee has carried out the duties described in subsection (d)(1) and any relevant findings as a result of carrying out those duties; (G) if necessary, an update to the strategic plan developed by the Committee under subsection (d)(1)(C); (H) the progress made in achieving the goals set out in that strategic plan; (I) a review of the management, coordination, and industry utility of the program; (J) an assessment of the extent to which progress has been made under the program in developing commercial, cost-competitive technologies in each focus area described in section 17113(c) of this title; and (K) an assessment of the effectiveness of the program in coordinating efforts within the Department and with other Federal agencies to achieve the purposes of the program. (g) Report to CongressNot later than 60 days after receiving a report from the Committee under subsection (f), the Secretary shall submit a copy of that report to the Committees on Appropriations and Science, Space, and Technology of the House of Representatives, the Committees on Appropriations and Energy and Natural Resources of the Senate, and any other relevant Committee of Congress. (h) Applicability of Federal Advisory Committee ActExcept as otherwise provided in this section, the Federal Advisory Committee Act (5 U.S.C. App.) 33 See References in Text note below. shall apply to the Committee.

42 U.S.C. § 17115 Technical assistance program to implement industrial emissions reduction

(a) DefinitionsIn this section:(1) Eligible entityThe term “eligible entity” means—(A) a State; (B) a unit of local government; (C) a territory or possession of the United States; (D) a relevant State or local office, including an energy office; (E) a tribal organization (as defined in section 3765 of title 38); (F) an institution of higher education; and 11 So in original. (G) a private entity; and (H) a trade association or technical society. (2) Emissions reductionThe term “emissions reduction” has the meaning given the term in section 17113(a) of this title. (3) ProgramThe term “program” means the program established under subsection (b). (b) EstablishmentNot later than 1 year after December 27, 2020, the Secretary shall establish a program to provide technical assistance to eligible entities to promote the commercial application of emission reduction technologies developed through the program established in section 17113(b) of this title. (c) Applications(1) In generalAn eligible entity desiring technical assistance under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Application processThe Secretary shall seek applications for technical assistance under the program on a periodic basis, but not less frequently than once every 12 months. (3) Factors for considerationIn selecting eligible entities for technical assistance under the program, the Secretary shall, to the maximum extent practicable—(A) give priority to—(i) activities carried out with technical assistance under the program that have the greatest potential for achieving emissions reduction in nonpower industrial sectors; (ii) activities carried out in a State in which there are active or inactive industrial facilities that may be used or retrofitted to carry out activities under the focus areas described in section 17113(c) of this title; and (iii) activities carried out in an economically distressed area (as described in section 3161(a) of this title); and (B) ensure that—(i) there is geographic diversity among the eligible entities selected; and (ii) the activities carried out with technical assistance under the program reflect a majority of the focus areas described in section 17113(c) of this title.

42 U.S.C. § 17115a Development of national smart manufacturing plan

(a) In generalNot later than 3 years after December 27, 2020, the Secretary of Energy (in this section referred to as the “Secretary”), in consultation with the National Academies, shall develop and complete a national plan for smart manufacturing technology development and deployment to improve the productivity and energy efficiency of the manufacturing sector of the United States. (b) Content(1) In generalThe plan developed under subsection (a) shall identify areas in which agency actions by the Secretary and other heads of relevant Federal agencies would—(A) facilitate quicker development, deployment, and adoption of smart manufacturing technologies and processes; (B) result in greater energy efficiency and lower environmental impacts for all American manufacturers; and (C) enhance competitiveness and strengthen the manufacturing sectors of the United States. (2) InclusionsAgency actions identified under paragraph (1) shall include—(A) an assessment of previous and current actions of the Department relating to smart manufacturing; (B) the establishment of voluntary interconnection protocols and performance standards; (C) the use of smart manufacturing to improve energy efficiency and reduce emissions in supply chains across multiple companies; (D) actions to increase cybersecurity in smart manufacturing infrastructure; (E) deployment of existing research results; (F) the leveraging of existing high-performance computing infrastructure; and (G) consideration of the impact of smart manufacturing on existing manufacturing jobs and future manufacturing jobs. (c) Biennial revisionsNot later than 2 years after the date on which the Secretary completes the plan under subsection (a), and not less frequently than once every 2 years thereafter, the Secretary shall revise the plan to account for advancements in information and communication technology and manufacturing needs. (d) ReportAnnually until the completion of the plan under subsection (a), the Secretary shall submit to Congress a report on the progress made in developing the plan. (e) DefinitionIn this section, the term “smart manufacturing” means advanced technologies in information, automation, monitoring, computation, sensing, modeling, artificial intelligence, analytics, and networking that—(1) digitally—(A) simulate manufacturing production lines; (B) operate computer-controlled manufacturing equipment; (C) monitor and communicate production line status; and (D) manage and optimize energy productivity and cost throughout production; (2) model, simulate, and optimize the energy efficiency of a factory building; (3) monitor and optimize building energy performance; (4) model, simulate, and optimize the design of energy efficient and sustainable products, including the use of digital prototyping and additive manufacturing to enhance product design; (5) connect manufactured products in networks to monitor and optimize the performance of the networks, including automated network operations; and (6) digitally connect the supply chain network.

42 U.S.C. § 17116 Industrial research and assessment centers

(a) DefinitionsIn this section:(1) Covered projectThe term “covered project” means a project—(A) that has been recommended in an energy assessment described in paragraph (2)(A) conducted for an eligible entity; and (B) with respect to which the plant site of that eligible entity—(i) improves—(I) energy efficiency; (II) material efficiency; (III) cybersecurity; or (IV) productivity; or (ii) reduces—(I) waste production; (II) greenhouse gas emissions; or (III) nongreenhouse gas pollution. (2) Eligible entityThe term “eligible entity” means a small- or medium-sized manufacturer that has had an energy assessment completed by—(A) an industrial research and assessment center; (B) a Department of Energy Combined Heat and Power Technical Assistance Partnership jointly with an industrial research and assessment center; or (C) a third-party assessor that provides an assessment equivalent to an assessment described in subparagraph (A) or (B), as determined by the Secretary. (3) Energy service providerThe term “energy service provider” means—(A) any business providing technology or services to improve the energy efficiency, water efficiency, power factor, or load management of a manufacturing site or other industrial process in an energy-intensive industry (as defined in section 17111(a) of this title); and (B) any utility operating under a utility energy service project. (4) Industrial research and assessment centerThe term “industrial research and assessment center” means—(A) an institution of higher education-based industrial research and assessment center that is funded by the Secretary under subsection (b); and (B) an industrial research and assessment center at a trade school, community college, or union training program that is funded by the Secretary under subsection (f). (5) ProgramThe term “Program” means the program for implementation grants established under subsection (i)(1). (6) Small- or medium-sized manufacturerThe term “small- or medium-sized manufacturer” means a manufacturing firm—(A) the gross annual sales of which are less than $100,000,000; (B) that has fewer than 500 employees at the plant site of the manufacturing firm; and (C) the annual energy bills of which total more than $100,000 but less than $3,500,000. (b) Institution of higher education-based industrial research and assessment centers(1) In generalThe Secretary shall provide funding to institution of higher education-based industrial research and assessment centers. (2) PurposeThe purpose of each institution of higher education-based industrial research and assessment center shall be—(A) to provide in-depth assessments of small- and medium-sized manufacturer plant sites to evaluate the facilities, services, and manufacturing operations of the plant sites; (B) to identify opportunities for optimizing energy efficiency and environmental performance, including implementation of—(i) smart manufacturing; (ii) energy management systems; (iii) sustainable manufacturing; (iv) information technology advancements for supply chain analysis, logistics, system monitoring, industrial and manufacturing processes, and other purposes; and (v) waste management systems; (C) to promote applications of emerging concepts and technologies in small- and medium-sized manufacturers (including water and wastewater treatment facilities and federally owned manufacturing facilities); (D) to promote research and development for the use of alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries; (E) to coordinate with appropriate Federal and State research offices; (F) to provide a clearinghouse for industrial process and energy efficiency technical assistance resources; and (G) to coordinate with State-accredited technical training centers and community colleges, while ensuring appropriate services to all regions of the United States. (c) CoordinationTo increase the value and capabilities of the industrial research and assessment centers, the centers shall—(1) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology; (2) coordinate with the Federal Energy Management Program and the Building Technologies Office of the Department of Energy to provide building assessment services to manufacturers; (3) increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise, technologies, and research and development capabilities of the National Laboratories for national industrial and manufacturing needs; (4) increase partnerships with energy service providers and technology providers to leverage private sector expertise and accelerate deployment of new and existing technologies and processes for energy efficiency, power factor, and load management; (5) identify opportunities for reducing greenhouse gas emissions and other air emissions; and (6) promote sustainable manufacturing practices for small- and medium-sized manufacturers. (d) OutreachThe Secretary shall provide funding for—(1) outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services available; and (2) coordination activities by each industrial research and assessment center to leverage efforts with—(A) Federal, State, and Tribal efforts; (B) the efforts of utilities and energy service providers; (C) the efforts of regional energy efficiency organizations; and (D) the efforts of other industrial research and assessment centers. (e) Centers of Excellence(1) EstablishmentThe Secretary shall establish a Center of Excellence at not more than 5 of the highest-performing industrial research and assessment centers, as determined by the Secretary. (2) DutiesA Center of Excellence shall coordinate with and advise the industrial research and assessment centers located in the region of the Center of Excellence, including—(A) by mentoring new directors and staff of the industrial research and assessment centers with respect to—(i) the availability of resources; and (ii) best practices for carrying out assessments, including through the participation of the staff of the Center of Excellence in assessments carried out by new industrial research and assessment centers; (B) by providing training to staff and students at the industrial research and assessment centers on new technologies, practices, and tools to expand the scope and impact of the assessments carried out by the centers; (C) by assisting the industrial research and assessment centers with specialized technical opportunities, including by providing a clearinghouse of available expertise and tools to assist the centers and clients of the centers in assessing and implementing those opportunities; (D) by identifying and coordinating with regional, State, local, Tribal, and utility energy efficiency programs for the purpose of facilitating efforts by industrial research and assessment centers to connect industrial facilities receiving assessments from those centers with regional, State, local, and utility energy efficiency programs that could aid the industrial facilities in implementing any recommendations resulting from the assessments; (E) by facilitating coordination between the industrial research and assessment centers and other Federal programs described in paragraphs (1) through (3) of subsection (c); and (F) by coordinating the outreach activities of the industrial research and assessment centers under subsection (d)(1). (3) FundingFor each fiscal year, out of any amounts made available to carry out this section under subsection (j), the Secretary shall use not less than $500,000 to support each Center of Excellence. (f) Expansion of industrial research and assessment centers(1) In generalThe Secretary shall provide funding to establish additional industrial research and assessment centers at trade schools, community colleges, and union training programs. (2) Purpose(A) In generalSubject to subparagraph (B), to the maximum extent practicable, an industrial research and assessment center established under paragraph (1) shall have the same purpose as an institution of higher education-based industrial research center that is funded by the Secretary under subsection (b)(1). (B) Consideration of capabilitiesIn evaluating or establishing the purpose of an industrial research and assessment center established under paragraph (1), the Secretary shall take into consideration the varying capabilities of trade schools, community colleges, and union training programs. (g) Workforce training(1) InternshipsThe Secretary shall pay the Federal share of associated internship programs under which students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers. (2) ApprenticeshipsThe Secretary shall pay the Federal share of associated apprenticeship programs under which—(A) students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers; and (B) employees of facilities that have received an assessment from an industrial research and assessment center work with or for an industrial research and assessment center to gain knowledge on engineering practices and processes to improve productivity and energy savings. (3) Federal shareThe Federal share of the cost of carrying out internship programs described in paragraph (1) and apprenticeship programs described in paragraph (2) shall be 50 percent. (h) Small business loansThe Administrator of the Small Business Administration shall, to the maximum extent practicable, expedite consideration of applications from eligible small business concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.) to implement recommendations developed by the industrial research and assessment centers. (i) Implementation grants(1) In generalThe Secretary shall establish a program under which the Secretary shall provide grants to eligible entities to implement covered projects. (2) ApplicationAn eligible entity seeking a grant under the Program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a demonstration of need for financial assistance to implement the proposed covered project. (3) PriorityIn awarding grants under the Program, the Secretary shall give priority to eligible entities that—(A) have had an energy assessment completed by an industrial research and assessment center; and (B) propose to carry out a covered project with a greater potential for—(i) energy efficiency gains; or (ii) greenhouse gas emissions reductions. (4) Grant amount(A) Maximum amountThe amount of a grant provided to an eligible entity under the Program shall not exceed $300,000. (B) Federal shareA grant awarded under the Program for a covered project shall be in an amount that is not more than 50 percent of the cost of the covered project. (C) SupplementA grant received by an eligible entity under the Program shall supplement, not supplant, any private or State funds available to the eligible entity to carry out the covered project. (j) Authorization of appropriationsThere are authorized to be appropriated to the Secretary for the period of fiscal years 2022 through 2026—(1) $150,000,000 to carry out subsections (a) through (h); and (2) $400,000,000 to carry out subsection (i).

42 U.S.C. § 17121 Demonstration project

(a) In generalThe Federal Director and the Commercial Director shall establish guidelines to implement a demonstration project to contribute to the research goals of the Office of Commercial High-Performance Green Buildings and the Office of Federal High-Performance Green Buildings. (b) ProjectsIn accordance with guidelines established by the Federal Director and the Commercial Director under subsection (a) and the duties of the Federal Director and the Commercial Director described in this title,11 See References in Text note below. the Federal Director or the Commercial Director shall carry out—(1) for each of fiscal years 2009 through 2014, 1 demonstration project per year of green features in a Federal building selected by the Federal Director in accordance with relevant agencies and described in subsection (c)(1), that—(A) provides for instrumentation, monitoring, and data collection related to the green features, for study of the impact of the features on overall energy use and operational costs, and for the evaluation of the information obtained through the conduct of projects and activities under this title; 1 and (B) achieves the highest rating offered by the high performance green building system identified pursuant to section 17092(h) of this title; (2) no fewer than 4 demonstration projects at 4 universities, that, as competitively selected by the Commercial Director in accordance with subsection (c)(2), have—(A) appropriate research resources and relevant projects to meet the goals of the demonstration project established by the Office of Commercial High-Performance Green Buildings; and (B) the ability—(i) to serve as a model for high-performance green building initiatives, including research and education 22 So in original. A comma probably should appear. by achieving the highest rating offered by the high performance green building system identified pursuant to section 17092(h) of this title; (ii) to identify the most effective ways to use high-performance green building and landscape technologies to engage and educate undergraduate and graduate students; (iii) to effectively implement a high-performance green building education program for students and occupants; (iv) to demonstrate the effectiveness of various high-performance technologies, including their impacts on energy use and operational costs, in each of the 4 climatic regions of the United States described in subsection (c)(2)(B); and (v) to explore quantifiable and nonquantifiable beneficial impacts on public health and employee and student performance; (3) demonstration projects to evaluate replicable approaches of achieving high performance in actual building operation in various types of commercial buildings in various climates; and (4) deployment activities to disseminate information on and encourage widespread adoption of technologies, practices, and policies to achieve zero-net-energy commercial buildings or low energy use and effective monitoring of energy use in commercial buildings. (c) Criteria(1) Federal facilitiesWith respect to the existing or proposed Federal facility at which a demonstration project under this section is conducted, the Federal facility shall—(A) be an appropriate model for a project relating to—(i) the effectiveness of high-performance technologies; (ii) analysis of materials, components, systems, and emergency operations in the building, and the impact of those materials, components, and systems, including the impact on the health of building occupants; (iii) life-cycle costing and life-cycle assessment of building materials and systems; and (iv) location and design that promote access to the Federal facility through walking, biking, and mass transit; and (B) possess sufficient technological and organizational adaptability. (2) UniversitiesWith respect to the 4 universities at which a demonstration project under this section is conducted—(A) the universities should be selected, after careful review of all applications received containing the required information, as determined by the Commercial Director, based on—(i) successful and established public-private research and development partnerships; (ii) demonstrated capabilities to construct or renovate buildings that meet high indoor environmental quality standards; (iii) organizational flexibility; (iv) technological adaptability; (v) the demonstrated capacity of at least 1 university to replicate lessons learned among nearby or sister universities, preferably by participation in groups or consortia that promote sustainability; (vi) the demonstrated capacity of at least 1 university to have officially-adopted, institution-wide “high-performance green building” guidelines for all campus building projects; and (vii) the demonstrated capacity of at least 1 university to have been recognized by similar institutions as a national leader in sustainability education and curriculum for students of the university; and (B) each university shall be located in a different climatic region of the United States, each of which regions shall have, as determined by the Office of Commercial High-Performance Green Buildings—(i) a hot, dry climate; (ii) a hot, humid climate; (iii) a cold climate; or (iv) a temperate climate (including a climate with cold winters and humid summers). (d) ApplicationsTo receive a grant under subsection (b), an eligible applicant shall submit to the Federal Director or the Commercial Director an application at such time, in such manner, and containing such information as the Director may require, including a written assurance that all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair that is financed, in whole or in part, by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40. The Secretary of Labor shall, with respect to the labor standards described in this subsection, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40. (e) ReportNot later than 1 year after December 19, 2007, and annually thereafter through September 30, 2014—(1) the Federal Director and the Commercial Director shall submit to the Secretary a report that describes the status of the demonstration projects; and (2) each University at which a demonstration project under this section is conducted shall submit to the Secretary a report that describes the status of the demonstration projects under this section. (f) Authorization of appropriationsThere is authorized to be appropriated to carry out the demonstration project described in section 33 So in original. Probably should be “subsection”. (b)(1), $10,000,000 for the period of fiscal years 2008 through 2012, and to carry out the demonstration project described in section 3 (b)(2), $10,000,000 for the period of fiscal years 2008 through 2012, to remain available until expended.

42 U.S.C. § 17122 Research and development

(a) EstablishmentThe Federal Director and the Commercial Director, jointly and in coordination with the Advisory Committee, shall—(1)(A) survey existing research and studies relating to high-performance green buildings; and (B) coordinate activities of common interest; (2) develop and recommend a high-performance green building research plan that—(A) identifies information and research needs, including the relationships between human health, occupant productivity, safety, security, and accessibility and each of—(i) emissions from materials and products in the building; (ii) natural day lighting; (iii) ventilation choices and technologies; (iv) heating, cooling, and system control choices and technologies; (v) moisture control and mold; (vi) maintenance, cleaning, and pest control activities; (vii) acoustics; (viii) access to public transportation; and (ix) other issues relating to the health, comfort, productivity, and performance of occupants of the building; (B) promotes the development and dissemination of high-performance green building measurement tools that, at a minimum, may be used—(i) to monitor and assess the life-cycle performance of facilities (including demonstration projects) built as high-performance green buildings; and (ii) to perform life-cycle assessments; and (C) identifies and tests new and emerging technologies for high-performance green buildings; (3) assist the budget and life-cycle costing functions of the Directors’ Offices under section 17092(d) of this title; (4) study and identify potential benefits of green buildings relating to security, natural disaster, and emergency needs of the Federal Government; and (5) support other research initiatives determined by the Directors’ Offices. (b) Indoor air qualityThe Federal Director, in consultation with the Administrator of the Environmental Protection Agency and the Advisory Committee, shall develop and carry out a comprehensive indoor air quality program for all Federal facilities to ensure the safety of Federal workers and facility occupants—(1) during new construction and renovation of facilities; and (2) in existing facilities.

42 U.S.C. § 17123 Green Building Advisory Committee

(a) EstablishmentNot later than 180 days after December 19, 2007, the Federal Director, in coordination with the Commercial Director, shall establish an advisory committee, to be known as the “Green Building Advisory Committee”. (b) Membership(1) In generalThe Committee shall be composed of representatives of, at a minimum—(A) each agency referred to in section 17081(e) of this title; and (B) other relevant agencies and entities, as determined by the Federal Director, including at least 1 representative of each of—(i) State and local governmental green building programs; (ii) independent green building associations or councils; (iii) building experts, including architects, material suppliers, and construction contractors; (iv) security advisors focusing on national security needs, natural disasters, and other dire emergency situations; (v) public transportation industry experts; and (vi) environmental health experts, including those with experience in children’s health. (2) Non-Federal membersThe total number of non-Federal members on the Committee at any time shall not exceed 15. (c) MeetingsThe Federal Director shall establish a regular schedule of meetings for the Committee. (d) DutiesThe Committee shall provide advice and expertise for use by the Federal Director in carrying out the duties under this part, including such recommendations relating to Federal activities carried out under sections 434 through 436 11 See References in Text note below. as are agreed to by a majority of the members of the Committee. (e) Exemption from chapter 10 of title 5The Committee shall not be subject to section 1013 of title 5.

42 U.S.C. § 17124 Advisory Committee on Energy Efficiency Finance

(a) EstablishmentThe Secretary, acting through the Assistant Secretary of Energy for Energy Efficiency and Renewable Energy, shall establish an Advisory Committee on Energy Efficiency Finance to provide advice and recommendations to the Department on energy efficiency finance and investment issues, options, ideas, and trends, and to assist the energy community in identifying practical ways of lowering costs and increasing investments in energy efficiency technologies. (b) MembershipThe advisory committee established under this section shall have a balanced membership that shall include members with expertise in—(1) availability of seed capital; (2) availability of venture capital; (3) availability of other sources of private equity; (4) investment banking with respect to corporate finance; (5) investment banking with respect to mergers and acquisitions; (6) equity capital markets; (7) debt capital markets; (8) research analysis; (9) sales and trading; (10) commercial lending; and (11) residential lending. (c) TerminationThe Advisory Committee on Energy Efficiency Finance shall terminate on the date that is 10 years after December 19, 2007. (d) Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to the Secretary for carrying out this section.

42 U.S.C. § 17061 Definitions

In this title: 11 See References in Text note below. (1) AdministratorThe term “Administrator” means the Administrator of General Services. (2) Advisory CommitteeThe term “Advisory Committee” means the Green Building Advisory Committee established under section 484.1 (3) Commercial DirectorThe term “Commercial Director” means the individual appointed to the position established under section 17081 of this title. (4) ConsortiumThe term “Consortium” means the High-Performance Green Building Partnership Consortium created in response to section 17092(c)(1) of this title to represent the private sector in a public-private partnership to promote high-performance green buildings and zero-net-energy commercial buildings. (5) Cost-effective lighting technology(A) In generalThe term “cost-effective lighting technology” means a lighting technology that—(i) will result in substantial operational cost savings by ensuring an installed consumption of not more than 1 watt per square foot; or (ii) is contained in a list under—(I) section 8259b of this title; (II) Federal acquisition regulation 23–203; and (III) is at least as energy-conserving as required by other provisions of this Act, including the requirements of this title 1 and title III 1 which shall be applicable to the extent that they would achieve greater energy savings than provided under clause (i) or this clause.22 So in original. Does not fit with cl. (ii) introductory provision. (B) InclusionsThe term “cost-effective lighting technology” includes—(i) lamps; (ii) ballasts; (iii) luminaires; (iv) lighting controls; (v) daylighting; and (vi) early use of other highly cost-effective lighting technologies. (6) Cost-effective technologies and practicesThe term “cost-effective technologies and practices” means a technology or practice that—(A) will result in substantial operational cost savings by reducing electricity or fossil fuel consumption, water, or other utility costs, including use of geothermal heat pumps; (B) complies with the provisions of section 8259b of this title and Federal acquisition regulation 23–203; and (C) is at least as energy and water conserving as required under this title,1 including sections 431 through 435, and title V,1 including sections 511 through 525, which shall be applicable to the extent that they are more stringent or require greater energy or water savings than required by this section. (7) Federal DirectorThe term “Federal Director” means the individual appointed to the position established under section 17092(a) of this title. (8) Federal facilityThe term “Federal facility” means any building that is constructed, renovated, leased, or purchased in part or in whole for use by the Federal Government. (9) Operational cost savings(A) In generalThe term “operational cost savings” means a reduction in end-use operational costs through the application of cost-effective technologies and practices or geothermal heat pumps, including a reduction in electricity consumption relative to consumption by the same customer or at the same facility in a given year, as defined in guidelines promulgated by the Administrator pursuant to section 7628(b) of this title, that achieves cost savings sufficient to pay the incremental additional costs of using cost-effective technologies and practices including geothermal heat pumps by not later than the later of the date established under sections 431 through 434,1 or—(i) for cost-effective technologies and practices, the date that is 5 years after the date of installation; and (ii) for geothermal heat pumps, as soon as practical after the date of installation of the applicable geothermal heat pump. (B) InclusionsThe term “operational cost savings” includes savings achieved at a facility as a result of—(i) the installation or use of cost-effective technologies and practices; or (ii) the planting of vegetation that shades the facility and reduces the heating, cooling, or lighting needs of the facility. (C) ExclusionThe term “operational cost savings” does not include savings from measures that would likely be adopted in the absence of cost-effective technology and practices programs, as determined by the Administrator. (10) Geothermal heat pumpThe term “geothermal heat pump” means any heating or air conditioning technology that—(A) uses the ground or ground water as a thermal energy source to heat, or as a thermal energy sink to cool, a building; and (B) meets the requirements of the Energy Star program of the Environmental Protection Agency applicable to geothermal heat pumps on the date of purchase of the technology. (11) GSA facility(A) In generalThe term “GSA facility” means any building, structure, or facility, in whole or in part (including the associated support systems of the building, structure, or facility) that—(i) is constructed (including facilities constructed for lease), renovated, or purchased, in whole or in part, by the Administrator for use by the Federal Government; or (ii) is leased, in whole or in part, by the Administrator for use by the Federal Government—(I) except as provided in subclause (II), for a term of not less than 5 years; or (II) for a term of less than 5 years, if the Administrator determines that use of cost-effective technologies and practices would result in the payback of expenses. (B) InclusionThe term “GSA facility” includes any group of buildings, structures, or facilities described in subparagraph (A) (including the associated energy-consuming support systems of the buildings, structures, and facilities). (C) ExemptionThe Administrator may exempt from the definition of “GSA facility” under this paragraph a building, structure, or facility that meets the requirements of section 8253(c) of this title. (12) High-performance buildingThe term “high-performance building” means a building that integrates and optimizes on a life cycle basis all major high performance attributes, including energy conservation, environment, safety, security, durability, accessibility, cost-benefit, productivity, sustainability, functionality, and operational considerations. (13) High-performance green buildingThe term “high-performance green building” means a high-performance building that, during its life-cycle, as compared with similar buildings (as measured by Commercial Buildings Energy Consumption Survey or Residential Energy Consumption Survey data from the Energy Information Agency)—(A) reduces energy, water, and material resource use; (B) improves indoor environmental quality, including reducing indoor pollution, improving thermal comfort, and improving lighting and acoustic environments that affect occupant health and productivity; (C) reduces negative impacts on the environment throughout the life-cycle of the building, including air and water pollution and waste generation; (D) increases the use of environmentally preferable products, including biobased, recycled content, and nontoxic products with lower life-cycle impacts; (E) increases reuse and recycling opportunities; (F) integrates systems in the building; (G) reduces the environmental and energy impacts of transportation through building location and site design that support a full range of transportation choices for users of the building; and (H) considers indoor and outdoor effects of the building on human health and the environment, including—(i) improvements in worker productivity; (ii) the life-cycle impacts of building materials and operations; and (iii) other factors that the Federal Director or the Commercial Director consider to be appropriate. (14) Life-cycleThe term “life-cycle”, with respect to a high-performance green building, means all stages of the useful life of the building (including components, equipment, systems, and controls of the building) beginning at conception of a high-performance green building project and continuing through site selection, design, construction, landscaping, commissioning, operation, maintenance, renovation, deconstruction or demolition, removal, and recycling of the high-performance green building. (15) Life-cycle assessmentThe term “life-cycle assessment” means a comprehensive system approach for measuring the environmental performance of a product or service over the life of the product or service, beginning at raw materials acquisition and continuing through manufacturing, transportation, installation, use, reuse, and end-of-life waste management. (16) Life-cycle costingThe term “life-cycle costing”, with respect to a high-performance green building, means a technique of economic evaluation that—(A) sums, over a given study period, the costs of initial investment (less resale value), replacements, operations (including energy use), and maintenance and repair of an investment decision; and (B) is expressed—(i) in present value terms, in the case of a study period equivalent to the longest useful life of the building, determined by taking into consideration the typical life of such a building in the area in which the building is to be located; or (ii) in annual value terms, in the case of any other study period. (17) Office of Commercial High-Performance Green BuildingsThe term “Office of Commercial High-Performance Green Buildings” means the Office of Commercial High-Performance Green Buildings established under section 17081(a) of this title. (18) Office of Federal High-Performance Green BuildingsThe term “Office of Federal High-Performance Green Buildings” means the Office of Federal High-Performance Green Buildings established under section 17092(a) of this title. (19) PracticesThe term “practices” means design, financing, permitting, construction, commissioning, operation and maintenance, and other practices that contribute to achieving zero-net-energy buildings or facilities. (20) Zero-net-energy commercial buildingThe term “zero-net-energy commercial building” means a commercial building that is designed, constructed, and operated to—(A) require a greatly reduced quantity of energy to operate; (B) meet the balance of energy needs from sources of energy that do not produce greenhouse gases; (C) therefore result in no net emissions of greenhouse gases; and (D) be economically viable.

42 U.S.C. § 17062 Energy efficiency in Federal and other buildings

(a) DefinitionsIn this section:(1) AdministratorThe term “Administrator” means the Administrator of General Services. (2) Cost-effective energy efficiency measureThe term “cost-effective energy efficiency measure” means any building product, material, equipment, or service, and the installing, implementing, or operating thereof, that provides energy savings in an amount that is not less than the cost of such installing, implementing, or operating. (3) Cost-effective water efficiency measureThe term “cost-effective water efficiency measure” means any building product, material, equipment, or service, and the installing, implementing, or operating thereof, that provides water savings in an amount that is not less than the cost of such installing, implementing, or operating. (b) Model provisions, policies, and best practices(1) In generalNot later than 180 days after April 30, 2015, the Administrator, in consultation with the Secretary of Energy and after providing the public with an opportunity for notice and comment, shall develop model commercial leasing provisions and best practices in accordance with this subsection. (2) Commercial leasing(A) In generalThe model commercial leasing provisions developed under this subsection shall, at a minimum, align the interests of building owners and tenants with regard to investments in cost-effective energy efficiency measures and cost-effective water efficiency measures to encourage building owners and tenants to collaborate to invest in such measures. (B) Use of model provisionsThe Administrator may use the model commercial leasing provisions developed under this subsection in any standard leasing document that designates a Federal agency (or other client of the Administrator) as a landlord or tenant. (C) PublicationThe Administrator shall periodically publish the model commercial leasing provisions developed under this subsection, along with explanatory materials, to encourage building owners and tenants in the private sector to use such provisions and materials. (3) Realty servicesThe Administrator shall develop policies and practices to implement cost-effective energy efficiency measures and cost-effective water efficiency measures for the realty services provided by the Administrator to Federal agencies (or other clients of the Administrator), including periodic training of appropriate Federal employees and contractors on how to identify and evaluate those measures. (4) State and local assistanceThe Administrator, in consultation with the Secretary of Energy, shall make available model commercial leasing provisions and best practices developed under this subsection to State, county, and municipal governments for use in managing owned and leased building space in accordance with the goal of encouraging investment in all cost-effective energy efficiency measures and cost-effective water efficiency measures.

42 U.S.C. § 17063 Energy information for commercial buildings

(a) Omitted (b) Study(1) In generalNot later than 2 years after April 30, 2015, the Secretary of Energy, in collaboration with the Administrator of the Environmental Protection Agency, shall complete a study—(A) on the impact of—(i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers—(i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with—(I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions 11 So in original. Probably should be “television”. studios; (v) implementation practices, including disclosure methods and phase-in of compliance; (vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber attacks; and (vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings. (2) Submission to CongressAt the conclusion of the study, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the results of the study. (c) Creation and maintenance of database(1) In generalNot later than 18 months after April 30, 2015, and following opportunity for public notice and comment, the Secretary of Energy, in coordination with other relevant agencies, shall maintain, and if necessary create, a database for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including—(A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure; (B) information on buildings that have disclosed energy ratings and certifications; and (C) energy-related information on buildings provided voluntarily by the owners of the buildings, only in an anonymous form unless the owner provides otherwise. (2) Complementary programsThe database maintained pursuant to paragraph (1) shall complement and not duplicate the functions of the Environmental Protection Agency’s Energy Star Portfolio Manager tool. (d) Input from stakeholdersThe Secretary of Energy shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section. (e) ReportNot later than 2 years after April 30, 2015, and every 2 years thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the progress made in complying with this section.

42 U.S.C. § 17064 Smart building acceleration

(a) DefinitionsIn this section:(1) DepartmentThe term “Department” means the Department of Energy. (2) ProgramThe term “program” means the Federal Smart Building Program established under subsection (b)(1). (3) SecretaryThe term “Secretary” means the Secretary of Energy. (4) Smart buildingThe term “smart building” means a building, or collection of buildings, with an energy system that—(A) is flexible and automated; (B) has extensive operational monitoring and communication connectivity, allowing remote monitoring and analysis of all building functions; (C) takes a systems-based approach in integrating the overall building operations for control of energy generation, consumption, and storage; (D) communicates with utilities and other third-party commercial entities, if appropriate; (E) protects the health and safety of occupants and workers; and (F) incorporates cybersecurity best practices. (5) Smart building acceleratorThe term “smart building accelerator” means an initiative that is designed to demonstrate specific innovative policies and approaches—(A) with clear goals and a clear timeline; and (B) that, on successful demonstration, would accelerate investment in energy efficiency. (b) Federal Smart Building Program(1) EstablishmentNot later than 1 year after December 27, 2020, the Secretary shall, in consultation with the Administrator of General Services, establish a program to be known as the “Federal Smart Building Program”—(A) to implement smart building technology; and (B) to demonstrate the costs and benefits of smart buildings. (2) Selection(A) In generalThe Secretary shall coordinate the selection of not fewer than 1 building from among each of several key Federal agencies, as described in paragraph (4), to compose an appropriately diverse set of smart buildings based on size, type, and geographic location. (B) Inclusion of commercially operated buildingsIn making selections under subparagraph (A), the Secretary may include buildings that are owned by the Federal Government but are commercially operated. (3) TargetsNot later than 18 months after December 27, 2020, the Secretary shall establish targets for the number of smart buildings to be commissioned and evaluated by key Federal agencies by 3 years and 6 years after December 27, 2020. (4) Federal agency describedThe key Federal agencies referred to paragraph (2)(A) shall include buildings operated by—(A) the Department of the Army; (B) the Department of the Navy; (C) the Department of the Air Force; (D) the Department; (E) the Department of the Interior; (F) the Department of Veterans Affairs; and (G) the General Services Administration. (5) RequirementIn implementing the program, the Secretary shall leverage existing financing mechanisms including energy savings performance contracts, utility energy service contracts, and annual appropriations. (6) EvaluationUsing the guidelines of the Federal Energy Management Program relating to whole-building evaluation, measurement, and verification, the Secretary shall evaluate the costs and benefits of the buildings selected under paragraph (2), including an identification of—(A) which advanced building technologies—(i) are most cost-effective; and (ii) show the most promise for—(I) increasing building energy savings; (II) increasing service performance to building occupants; (III) reducing environmental impacts; and (IV) establishing cybersecurity; and (B) any other information the Secretary determines to be appropriate. (7) AwardsThe Secretary may expand awards made under the Federal Energy Management Program and the Better Building Challenge to recognize specific agency achievements in accelerating the adoption of smart building technologies. (c) Survey of private sector smart buildings(1) SurveyThe Secretary shall conduct a survey of privately owned smart buildings throughout the United States, including commercial buildings, laboratory facilities, hospitals, multifamily residential buildings, and buildings owned by nonprofit organizations and institutions of higher education. (2) SelectionFrom among the smart buildings surveyed under paragraph (1), the Secretary shall select not fewer than 1 building each from an appropriate range of building sizes, types, and geographic locations. (3) EvaluationUsing the guidelines of the Federal Energy Management Program relating to whole-building evaluation, measurement, and verification, the Secretary shall evaluate the costs and benefits of the buildings selected under paragraph (2), including an identification of—(A) which advanced building technologies and systems—(i) are most cost-effective; and (ii) show the most promise for—(I) increasing building energy savings; (II) increasing service performance to building occupants; (III) reducing environmental impacts; and (IV) establishing cybersecurity; and (B) any other information the Secretary determines to be appropriate. (d) Better building challengeAs part of the Better Building Challenge of the Department, the Secretary, in consultation with major private sector property owners, shall develop smart building accelerators to demonstrate innovative policies and approaches that will accelerate the transition to smart buildings in the public, institutional, and commercial buildings sectors. (e) Omitted (f) ReportNot later than 2 years after December 27, 2020, and every 2 years thereafter until a total of 3 reports have been made, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives a report on—(1) the establishment of the Federal Smart Building Program and the evaluation of Federal smart buildings under subsection (b); (2) the survey and evaluation of private sector smart buildings under subsection (c); and (3) any recommendations of the Secretary to further accelerate the transition to smart buildings.

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