Sec. 3. Energy and water efficiency, net-zero, and zero emission vehicle infrastructure goals

2,973 words·~14 min read·/bill/117/hr/2060/ih/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Part 3 of Title V of the National Energy Conservation Policy Act ( Public Law 96–619 ; 92 Stat. 3277; 42 U.S.C. 8251 et seq.) is amended by adding after section 543 the following: Subject to subsections (b), (c), and (d), the head of each agency shall, for each of fiscal years 2021 through 2030— reduce average building energy intensity (as measured in British thermal units per gross square foot) at the Federal facilities of the agency by 2.5 percent each fiscal year so that the average building energy intensity of such facilities is reduced by 25 percent or greater by 2030, relative to the average building energy intensity of the Federal facilities of the agency in fiscal year 2018; improve water use efficiency and management at Federal facilities of the agency by reducing average potable water consumption intensity (as measured in gallons per gross square foot)— by 54 percent by fiscal year 2030, relative to the average water consumption of the Federal facilities of the agency in fiscal year 2007; and through reductions of 2 percent each fiscal year; reduce industrial, landscaping, and agricultural water consumption at Federal facilities of the agency (as measured in gallons)— by 20 percent by fiscal year 2030, relative to the industrial, landscaping, and agricultural water consumption of Federal facilities of the agency in fiscal year 2018; and through reductions of 2 percent each fiscal year; and to the maximum extent practicable, carry out paragraphs

(1)through

(3)in a manner that is lifecycle cost effective. An agency may exclude from the requirements under paragraph

(1)or

(2)of subsection (a), as applicable, any Federal facility of the agency in which energy- or water-intensive activities are carried out. Each agency shall include in each report submitted to the Secretary of Energy under section 548(a) of the National Energy Conservation Policy Act ( 42 U.S.C. 8258(a) ) a list identifying each Federal facility of the agency excluded under paragraph

(1)and a statement of whether the exclusion is on the basis of energy-intensive activities, water-intensive activities, or both energy- and water-intensive activities. The Administrator of General Services, in consultation with the Secretary of Energy and the Secretary of Defense, may develop for use by agencies an alternative metric for measuring potable water consumption intensity under subsection (a)(2), including by using occupancy, building use type, or other attributes relevant to potable water use and potential for efficiency. If the Administrator develops an alternative metric under paragraph (1), agencies shall not cease tracking and reporting potable water consumption intensity in gallons per gross square foot. The term facility shall have the meaning established in section 543(f)(1)(C) of this title. Agencies shall meet these goals with any combination of appropriated funding, including operations and maintenance funding, and non-federal sources of financing such as public-private partnerships including through energy savings performance contracts and other performance guaranteed mechanisms. In this section: The term allowed carbon offset means an allowed carbon offset as defined by the Federal Director of the Office of Federal High-Performance Green Buildings, in consultation with the Administrator of the Environmental Protection Agency. The term allowed offsite renewable energy source means an allowed offsite renewable energy source as defined by the Federal Director of the Office of Federal High-Performance Green Buildings, in consultation with the Administrator of the Environmental Protection Agency— including requirements for district energy systems, community sources, and purchase options; and taking into consideration an efficiency-first strategy, optimization of carbon impact, and ensuring accountability. The term net-zero carbon means, with respect to a highly energy-efficient building (as determined by the Federal Director of the Office of Federal High-Performance Green Buildings in consultation with the Administrator of the Environmental Protection Agency) or group of highly energy-efficient buildings, a building or group of buildings of which, for not less than 1 year, the carbon emissions resulting from building operations, as described in subparagraph (B), are equal to or less than the carbon emissions reduced through renewable energy or project offsets, as described in subparagraph (C). Carbon emissions resulting from building operations— shall include carbon related to energy consumption from onsite and offsite sources; and may include other sources of emissions, such as occupant transportation, water, waste, refrigerants, and embodied carbon of materials. Carbon emissions reduced or offset— shall include carbon associated with exports of renewable energy generated on site and substantiated with ownership of renewable energy certificates; and may include allowed offsite renewable energy sources substantiated with renewable energy certificates and allowed carbon offsets. The term net-zero energy means, with respect to a highly energy-efficient building (as determined by the Federal Director of the Office of Federal High-Performance Green Buildings), a building for which, on a source energy basis, the annual delivered energy is less than or equal to the sum obtained by adding the onsite renewable exported energy and the allowed offsite renewable energy sources, which shall be substantiated with renewable energy certificates. A highly energy-efficient building is net-zero energy if it is located within a group of buildings for which, when treated as a unit, on a source energy basis, the annual delivered energy is less than or equal to the sum obtained by adding the onsite renewable exported energy and the allowed offsite renewable energy sources, which shall be substantiated with renewable energy certificates. Unless otherwise defined by the Federal Director of the Office of Federal High-Performance Green Buildings, the term net-zero waste building means a building operated to reduce, reuse, recycle, compost, or recover solid waste streams that result in zero waste disposal to landfills or incinerators (except for hazardous and medical waste). Unless otherwise defined by the Federal Director of the Office of Federal High-Performance Green Buildings, the term net-zero water building means a building that— maximizes alternative water sources; minimizes wastewater discharge; and returns water to the original water source such that, for a 1-year period, the water consumption volume is equivalent to the sum obtained by adding the volume of alternative water use and the water returned to the original source during that 1-year period. A building is a net-zero water building if it is located within a group of buildings that, when treated as a unit, meet the requirements described in clauses

(i)through

(iii)of subparagraph (A). The term scope 1 greenhouse gas emissions means direct emissions from sources that are owned or controlled by the Federal agency, that cover the following activities: Generation of electricity. Cooling or steam. Mobile sources. Fugitive emissions. Process emissions. The term scope 2 greenhouse gas emissions means indirect emissions resulting from the generation of electricity, heat, or steam purchased by a Federal agency. Subject to subsection (c), the head of each agency shall— for each of fiscal years 2021 through 2030, reduce aggregate portfolio-wide scope 1 greenhouse gas emissions and scope 2 greenhouse gas emissions (as measured in MTCO2-equivalents) at Federal facilities of the agency by at least 4 percent each fiscal year, so that the aggregate portfolio-wide scope 1 greenhouse gas emissions and scope 2 greenhouse gas emissions are reduced by not less than 40 percent by fiscal year 2030 relative to the aggregate portfolio-wide scope 1 greenhouse gas emissions and scope 2 greenhouse gas emissions at Federal facilities of the agency in fiscal year 2018; and ensure that, in the case of the construction of a new Federal facility with more than 10,000 gross square feet and with an estimated total expenditure in excess of $1,500,000— which is included, in part or in whole, in an appropriation for fiscal years 2021 through 2025, not less than 50 percent of cumulative gross floor area and not less than 25 percent of cumulative building projects are designed to perform as net-zero energy buildings in operation, and, if feasible, net-zero carbon buildings, net-zero water buildings, and net-zero waste buildings; which is included, in part or in whole, in an appropriation for fiscal years 2026 through 2030, not less than 90 percent of cumulative gross floor area and not less than 45 percent of cumulative building projects are designed to perform as net-zero energy buildings in operation and, if feasible, net-zero carbon buildings, net-zero water buildings, and net-zero waste buildings; and which is included, in part or in whole, in an appropriation for fiscal year 2031 or any fiscal year thereafter, not less than 100 percent of cumulative gross floor area and not less than 100 percent of cumulative building projects are designed to perform as net-zero energy buildings in operation and, if feasible, net-zero carbon buildings, net-zero water buildings, and net-zero waste buildings. An agency may exclude from the requirements of subsection (b)(2) any new Federal facility of the agency for which net-zero energy is technically infeasible. The agency shall include in the report submitted to the Secretary of Energy under section 548(a) of the National Energy Conservation Policy Act ( 42 U.S.C. 8258(a) ) a list identifying each Federal facility of the agency excluded under paragraph (1). In carrying out subsection (b), each agency may use lifecycle cost effective (including the cost of carbon) innovative building technologies, including onsite energy storage, all-electric buildings, building-grid integration technologies, electric construction vehicles, and other technologies, including demonstration testing of technologies to achieve net-zero energy and net-zero carbon buildings in new construction and retrofit projects. In implementing projects to meet greenhouse gas emissions reductions under this section, agencies are encouraged to pursue comprehensive projects that address the energy and water efficiency goals established in section 543a in order to maximize results and decrease redundancy. In this section, the term deep energy retrofit project means a project that— reduces the energy consumption of a Federal facility by not less than 35 percent as compared to the energy consumption of the facility before the project; moves a Federal facility toward net-zero energy (as defined in section 543b); and may include water efficiency and distributed energy resources. Subject to the availability of appropriated funds, the head of each agency shall, for each of fiscal years 2021 through 2030, obligate funds for deep energy retrofit projects that, in total, are carried out at not less than 3 percent of the Federal facilities of the agency, which shall represent not less than 5 percent of the total square footage of all Federal facilities of the agency. The head of each agency shall— seek to coordinate deep energy retrofit projects with other building renovations and capital projects; and in conducting preplanning for a prospective capital project, evaluate the appropriateness, and the costs and benefits, of including a deep energy retrofit project. For purposes of this section, covered agencies shall mean the U.S. General Services Administration, the Department of Defense, the Department of Homeland Security, and the Veteran’s Administration. The head of each covered agency shall— develop annual goals for deployment of zero emission vehicle infrastructure, including electric vehicle supply equipment, at Federal facilities of the agency such that by December 31, 2030, at least 50 percent of Federal facilities of the agency with 200 or more daily employees and visitors offer zero emission vehicle charging or fueling; and develop guidance to ensure progress towards those annual goals. Each covered agency shall prepare a detailed plan— to achieve the goals described in subsection (b)(1); that identifies particular facilities or campuses of the agency as priority facilities or campuses, as applicable, at which to achieve those goals, including by considering demand for zero emission vehicle charging and fueling, locations of zero emission vehicle fleets, locations relevant to State zero emission vehicle charging and fueling needs, geographical gaps in zero emission vehicle charging infrastructure, availability of incentives, and other factors; and that includes a specific requirement that all applicable electric vehicle supply equipment saves energy, for which compliance with this requirement can only be met by purchasing electric vehicle supply equipment that is ENERGY STAR certified. Each covered agency shall, to the maximum extent practicable, ensure that appropriate zero emission vehicle infrastructure, including electric vehicle supply equipment and electric vehicle infrastructure, are included in, with respect to a Federal facility of the agency— any prospectus or requested appropriation for a construction, alteration, or lease project; any prospectus or requested appropriation for an alteration of a leased building; any contract for parking lot paving or repaving; and any other appropriate project. Beginning not later than 2 years after the date of enactment of this section, the head of each covered agency shall include in the agency’s annual sustainability report and implementation plan information describing the progress made in meeting the goals described in subsection (b)(1). . Section 546(c)(1) of the National Energy Conservation Policy Act ( 42 U.S.C. 8256(c)(1) ) is amended by inserting (including measures to support the use of zero emission vehicles (as such term is defined section 400AA(g) of the Energy Policy and Conservation Act ( after 42 U.S.C. 6374(g) ) or the fueling or charging infrastructure necessary for such vehicles) demand . Section 801(a)(2)(B) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287(a)(2)(B) ) is amended in the first sentence by inserting or petroleum after utilities . Section 802 of the National Energy Conservation Act ( 42 U.S.C. 8287a ) is amended by inserting petroleum, after water, . Section 804 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c ) is amended— in paragraph (2)— in subparagraph

(D)by striking ; and and inserting a semicolon; in subparagraph

(E)by striking the period and inserting ; or ; and by adding at the end the following: a reduction in the use of petroleum through the use of zero emission vehicles or the fueling or charging infrastructure necessary for zero emission vehicles, including the use of contracts to support zero emission vehicles or infrastructure. ; in paragraph (4)— in subparagraph

(A)by striking ; or and inserting a semicolon; in subparagraph

(B)by striking the period and inserting ; or ; and by adding at the end the following: a measure to support the use of zero emission vehicles or the fueling or charging infrastructure necessary for zero emission vehicles, including the use of contracts to support zero emission vehicles or infrastructure. ; and by adding at the end the following: The term zero emission vehicle has the meaning given such term in section 5312(e)(6) of title 49, United States Code. . There is authorized to be appropriated annually to the General Services Administration $205,000,000, to remain available until expended, to carry out sections 543b and 543c of Part 3 of Title V of the National Energy Conservation Policy Act ( Public Law 96–619 ; 92 Stat. 3277; 42 U.S.C. 8251 et seq.). There is authorized to be appropriated annually to the Department of Energy $4,098,000,000, to remain available until expended, to provide grants under the authority of 42 U.S.C. 8256(b) to agencies to carry out sections 543b and 543c of Part 3 of Title V of the National Energy Conservation Policy Act ( Public Law 96–619 ; 92 Stat. 3277; 42 U.S.C. 8251 et seq.). Agencies may use such funds as may be appropriated pursuant to paragraphs

(1)and (2)— to initiate projects to enable agency progress towards goals established in sections 543b and 543c of Part 3 of Title V of the National Energy Conservation Policy Act; to supplement project funding from other appropriations and private sources to achieve greater energy and water efficiency and greenhouse gas emission reductions beyond those achievable under cost-effective and minimum efficiency requirements; in conjunction with energy efficiency projects or at highly efficient facilities, for onsite, campus, or community renewable energy and energy storage and other approaches to reduce total carbon footprints of Federal facilities, including groups of facilities; to achieve embodied carbon reductions on new construction and major renovation projects; and for the cost of additional employees, contractors, and training needed to support those goals. In carrying out sections 543a, 543b, and 543c of Part 3 of Title V of the National Energy Conservation Policy Act, each agency shall prioritize— projects using performance contracting; projects using public-private partnerships which include a performance component that ensures effective use of funds, lasting energy and cost savings; and projects in which Federal funds will be used to leverage private sector financing, on the basis of analysis that ensures a maximum beneficial use of private finance for the project. Each agency shall establish annual goals for the investment value of performance contracting and other public-private partnerships, provided that such goal shall be no less than 40 percent of funds appropriated under subsections

(1)and (2). There is authorized to be appropriated to the General Services Administration $35,000,000, to remain available until expended to carry out section 543d of Part 3 of Title V of the National Energy Conservation Policy Act ( Public Law 96–619 ; 92 Stat. 3277; 42 U.S.C. 8251 et seq.). The Administration is encouraged to use funds to leverage private sector financing if doing so is advantageous to the Federal Government. There is authorized to be appropriated to the Department of Energy $65,000,000, to remain available until expended to provide grants under the authority of section 546(b) of the National Energy Conservation Policy Act ( 42 U.S.C. 8256(b) ) to covered agencies to carry out section 543d of Part 3 of Title V of the National Energy Conservation Policy Act ( Public Law 96–619 ; 12 92 Stat. 3277; 42 U.S.C. 8251 et seq.). The Department and covered agencies are encouraged to use funds to leverage private sector financing if doing so is advantageous to the Federal Government. The table of contents for Part 3 of Title V of the National Energy Conservation Policy Act ( Public Law 96–619 ; 92 Stat. 3277; 42 U.S.C. 8251 et seq.) is amended by adding after the item relating to section 543 the following: Sec. 543a. Energy and water efficiency goals. Sec. 543b. Net-zero goals. Sec. 543c. Deep energy retrofit goals. Sec. 543d. Zero emission vehicle infrastructure goals. .

Connectionstraces to 7

Traces to 7 documents

U.S. Code