H.R. 8 — what changed

removed “(k) Private landownership—In developing any recreational resource within the project boundary, the licensee shall consider private landownership as a means to encourage and facilitate—

removed “(1) private investment; and

removed “(2) increased tourism and recreational use.”

removed Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended by adding at the end the following:

removed “34. Hydropower licensing and process improvements

removed “(a) Definition—In this section, the term Federal authorization—

removed “(1) means any authorization required under Federal law with respect to an application for a license, license amendment, or exemption under this part; and

removed “(2) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law to approve or implement the license, license amendment, or exemption under this part.

removed “(b) Designation as lead agency

removed “(1) In general—The Commission shall act as the lead agency for the purposes of coordinating all applicable Federal authorizations and for the purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

removed “(2) Other agencies and Indian tribes

removed “(A) In general—Each Federal, State, and local government agency and Indian tribe considering an aspect of an application for Federal authorization shall coordinate with the Commission and comply with the deadline established in the schedule developed for the project in accordance with the rule issued by the Commission under subsection (c).

removed “(B) Identification—The Commission shall identify, as early as practicable after it is notified by the applicant of a project or facility requiring Commission action under this part, any Federal or State agency, local government, or Indian tribe that may consider an aspect of an application for a Federal authorization.

removed “(C) Notification

removed “(i) In general—The Commission shall notify any agency and Indian tribe identified under subparagraph (B) of the opportunity to participate in the process of reviewing an aspect of an application for a Federal authorization.

removed “(ii) Deadline—Each agency and Indian tribe receiving a notice under clause (i) shall submit a response acknowledging receipt of the notice to the Commission within 30 days of receipt of such notice and request.

removed “(D) Issue Identification and Resolution

removed “(i) Identification of issues—Federal, State, and local government agencies and Indian tribes that may consider an aspect of an application for Federal authorization shall identify, as early as possible, and share with the Commission and the applicant, any issues of concern identified during the pendency of the Commission’s action under this part relating to any Federal authorization that may delay or prevent the granting of such authorization, including any issues that may prevent the agency or Indian tribe from meeting the schedule established for the project in accordance with the rule issued by the Commission under subsection (c).

removed “(ii) Issue resolution—The Commission may forward any issue of concern identified under clause (i) to the heads of the relevant State and Federal agencies (including, in the case of scheduling concerns identified by a State or local government agency or Indian tribe, the Federal agency overseeing the delegated authority, or the Secretary of the Interior with regard to scheduling concerns identified by an Indian tribe) for resolution. The Commission and any relevant agency shall enter into a memorandum of understanding to facilitate interagency coordination and resolution of such issues of concern, as appropriate.

removed “(c) Schedule

removed “(1) Commission rulemaking to establish process to set schedule—Within 180 days of the date of enactment of this section the Commission shall, in consultation with the appropriate Federal agencies, issue a rule, after providing for notice and public comment, establishing a process for setting a schedule following the filing of an application under this part for the review and disposition of each Federal authorization.

removed “(2) Elements of scheduling rule—In issuing a rule under this subsection, the Commission shall ensure that the schedule for each Federal authorization—

removed “(A) includes deadlines for actions by—

removed “(i) any Federal or State agency, local government, or Indian tribe that may consider an aspect of an application for the Federal authorization;

removed “(ii) the applicant;

removed “(iii) the Commission; and

removed “(iv) other participants in a proceeding;

removed “(B) is developed in consultation with the applicant and any agency and Indian tribe that submits a response under subsection (b)(2)(C)(ii);

removed “(C) provides an opportunity for any Federal or State agency, local government, or Indian tribe that may consider an aspect of an application for the applicable Federal authorization to identify and resolve issues of concern, as provided in subsection (b)(2)(D);

removed “(D) complies with applicable schedules established under Federal and State law;

removed “(E) ensures expeditious completion of all proceedings required under Federal and State law, to the extent practicable; and

removed “(F) facilitates completion of Federal and State agency studies, reviews, and any other procedures required prior to, or concurrent with, the preparation of the Commission’s environmental document required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

removed “(d) Transmission of Final Schedule

removed “(1) In General—For each application for a license, license amendment, or exemption under this part, the Commission shall establish a schedule in accordance with the rule issued by the Commission under subsection (c). The Commission shall publicly notice and transmit the final schedule to the applicant and each agency and Indian tribe identified under subsection (b)(2)(B).

removed “(2) Response—Each agency and Indian tribe receiving a schedule under this subsection shall acknowledge receipt of such schedule in writing to the Commission within 30 days.

removed “(e) Adherence to schedule—All applicants, other licensing participants, and agencies and tribes considering an aspect of an application for a Federal authorization shall meet the deadlines set forth in the schedule established pursuant to subsection (d)(1).

removed “(f) Application processing—The Commission, Federal, State, and local government agencies, and Indian tribes may allow an applicant seeking a Federal authorization to fund a third-party contractor selected by such agency or tribe to assist in reviewing the application. All costs of an agency or tribe incurred pursuant to direct funding by the applicant, including all costs associated with the third party contractor, shall not be considered costs of the United States for the administration of this part under section 10(e).

removed “(g) Commission recommendation on scope of environmental review—For the purposes of coordinating Federal authorizations for each project, the Commission shall consult with and make a recommendation to agencies and Indian tribes receiving a schedule under subsection (d) on the scope of the environmental review for all Federal authorizations for such project. Each Federal and State agency and Indian tribe shall give due consideration and may give deference to the Commission’s recommendations, to the extent appropriate under Federal law.

removed “(h) Failure To meet schedule—A Federal, State, or local government agency or Indian tribe that anticipates that it will be unable to complete its disposition of a Federal authorization by the deadline set forth in the schedule established under subsection (d)(1) may file for an extension as provided under section 313(b)(2).

removed “(i) Consolidated record—The Commission shall, with the cooperation of Federal, State, and local government agencies and Indian tribes, maintain a complete consolidated record of all decisions made or actions taken by the Commission or by a Federal administrative agency or officer (or State or local government agency or officer or Indian tribe acting under delegated Federal authority) with respect to any Federal authorization. Such record shall constitute the record for judicial review under section 313(b).”

removed Section 313(b) of the Federal Power Act (16 U.S.C. 825l(b)) is amended—

removed “(b) Judicial review

removed “(1) In general—Any party”

removed “(2) Delay of a Federal authorization—Any Federal, State, or local government agency or Indian tribe that will not complete its disposition of a Federal authorization by the deadline set forth in the schedule by the Commission under section 34 may file for an extension in the United States court of appeals for any circuit wherein the project or proposed project is located, or in the United States Court of Appeals for the District of Columbia. Such petition shall be filed not later than 30 days prior to such deadline. The court shall only grant an extension if the agency or tribe demonstrates, based on the record maintained under section 34, that it otherwise complied with the requirements of section 34 and that complying with the schedule set by the Commission would have prevented the agency or tribe from complying with applicable Federal or State law. If the court grants the extension, the court shall set a reasonable schedule and deadline, not to exceed 90 days, for the agency to act on remand. If the court denies the extension, or if an agency or tribe does not file for an extension as provided in this subsection and does not complete its disposition of a Federal authorization by the applicable deadline, the Commission and applicant may move forward with the proposed action.”

removed Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended by section 1304, is further amended by adding at the end the following:

removed “35. Licensing study improvements

removed “(a) In general—To facilitate the timely and efficient completion of the license proceedings under this part, the Commission shall, in consultation with applicable Federal and State agencies and interested members of the public—

removed “(1) compile current and accepted best practices in performing studies required in such license proceedings, including methodologies and the design of studies to assess the full range of environmental impacts of a project that reflect the most recent peer-reviewed science;

removed “(2) compile a comprehensive collection of studies and data accessible to the public that could be used to inform license proceedings under this part; and

removed “(3) encourage license applicants, agencies, and Indian tribes to develop and use, for the purpose of fostering timely and efficient consideration of license applications, a limited number of open-source methodologies and tools applicable across a wide array of projects, including water balance models and streamflow analyses.

removed “(b) Use of studies—To the extent practicable, the Commission and other Federal, State, and local government agencies and Indian tribes considering an aspect of an application for Federal authorization shall use current, accepted science toward studies and data in support of their actions. Any participant in a proceeding with respect to a Federal authorization shall demonstrate a study requested by the party is not duplicative of current, existing studies that are applicable to the project.

removed “(c) Basin-Wide or Regional Review—The Commission shall establish a program to develop comprehensive plans, at the request of project applicants, on a regional or basin-wide scale, in consultation with the applicants, appropriate Federal agencies, and affected States, local governments, and Indian tribes, in basins or regions with respect to which there are more than one project or application for a project. Upon such a request, the Commission, in consultation with the applicants, such Federal agencies, and affected States, local governments, and Indian tribes, may conduct or commission regional or basin-wide environmental studies, with the participation of at least 2 applicants. Any study conducted under this subsection shall apply only to a project with respect to which the applicant participates.”

removed Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended by section 1306, is further amended by adding at the end the following:

removed “36. Closed-loop pumped storage projects

removed “(a) Definition—For purposes of this section, a closed-loop pumped storage project is a project—

removed “(1) in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters; or

removed “(2) that is not continuously connected to a naturally flowing water feature.

removed “(b) In general—As provided in this section, the Commission may issue and amend licenses and preliminary permits, as appropriate, for closed-loop pumped storage projects.

removed “(c) Dam safety—Before issuing any license for a closed-loop pumped storage project, the Commission shall assess the safety of existing dams and other structures related to the project (including possible consequences associated with failure of such structures).

removed “(d) License conditions—With respect to a closed-loop pumped storage project, the authority of the Commission to impose conditions on a license under sections 4(e), 10(a), 10(g), and 10(j) shall not apply, and any condition included in or applicable to a closed-loop pumped storage project licensed under this section, including any condition or other requirement of a Federal authorization, shall be limited to those that are—

removed “(1) necessary to protect public safety; or

removed “(2) reasonable, economically feasible, and essential to prevent loss of or damage to, or to mitigate adverse effects on, fish and wildlife resources directly caused by the construction and operation of the project, as compared to the environmental baseline existing at the time the Commission completes its environmental review.

removed “(e) Transfers—Notwithstanding section 5, and regardless of whether the holder of a preliminary permit for a closed-loop pumped storage project claimed municipal preference under section 7(a) when obtaining the permit, the Commission may, to facilitate development of a closed-loop pumped storage project—

removed “(1) add entities as joint permittees following issuance of a preliminary permit; and

removed “(2) transfer a license in part to one or more nonmunicipal entities as co-licensees with a municipality.”

removed Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended by section 1307, is further amended by adding at the end the following:

removed “37. License amendment improvements

removed “(a) Qualifying project upgrades

removed “(1) In general—As provided in this section, the Commission may approve an application for an amendment to a license issued under this part for a qualifying project upgrade.

removed “(2) Application—A licensee filing an application for an amendment to a project license under this section shall include in such application information sufficient to demonstrate that the proposed change to the project described in the application is a qualifying project upgrade.

removed “(3) Initial determination—Not later than 15 days after receipt of an application under paragraph (2), the Commission shall make an initial determination as to whether the proposed change to the project described in the application for a license amendment is a qualifying project upgrade. The Commission shall publish its initial determination and issue notice of the application filed under paragraph (2). Such notice shall solicit public comment on the initial determination within 45 days.

removed “(4) Public comment on qualifying criteria—The Commission shall accept public comment regarding whether a proposed license amendment is for a qualifying project upgrade for a period of 45 days beginning on the date of publication of a public notice described in paragraph (3), and shall—

removed “(A) if no entity contests whether the proposed license amendment is for a qualifying project upgrade during such comment period, immediately publish a notice stating that the initial determination has not been contested; or

removed “(B) if an entity contests whether the proposed license amendment is for a qualifying project upgrade during the comment period, issue a written determination in accordance with paragraph (5).

removed “(5) Written determination—If an entity contests whether the proposed license amendment is for a qualifying project upgrade during the comment period under paragraph (4), the Commission shall, not later than 30 days after the date of publication of the public notice of the initial determination under paragraph (3), issue a written determination as to whether the proposed license amendment is for a qualifying project upgrade.

removed “(6) Public comment on amendment application—If no entity contests whether the proposed license amendment is for a qualifying project upgrade during the comment period under paragraph (4) or the Commission issues a written determination under paragraph (5) that a proposed license amendment is a qualifying project upgrade, the Commission shall—

removed “(A) during the 60-day period beginning on the date of publication of a notice under paragraph (4)(A) or the date on which the Commission issues the written determination under paragraph (5), as applicable, solicit comments from each Federal, State, and local government agency and Indian tribe considering an aspect of an application for Federal authorization (as defined in section 34) with respect to the proposed license amendment, as well as other interested agencies, Indian tribes, and members of the public; and

removed “(B) during the 90-day period beginning on the date of publication of a notice under paragraph (4)(A) or the date on which the Commission issues the written determination under paragraph (5), as applicable, consult with—

removed “(i) appropriate Federal agencies and the State agency exercising administrative control over the fish and wildlife resources, and water quality and supply, of the State in which the qualifying project upgrade is located;

removed “(ii) any Federal department supervising any public lands or reservations occupied by the qualifying project upgrade; and

removed “(iii) any Indian tribe affected by the qualifying project upgrade.

removed “(7) Federal authorizations—The schedule established by the Commission under section 34 for any project upgrade under this subsection shall require final disposition on all necessary Federal authorizations (as defined in section 34), other than final action by the Commission, by not later than 120 days after the date on which the Commission issues a notice under paragraph (4)(A) or a written determination under paragraph (5), as applicable.

removed “(8) Commission action—Not later than 150 days after the date on which the Commission issues a notice under paragraph (4)(A) or a written determination under paragraph (5), as applicable, the Commission shall take final action on the license amendment application.

removed “(9) License amendment conditions—Any condition included in or applicable to a license amendment approved under this subsection, including any condition or other requirement of a Federal authorization, shall be limited to those that are—

removed “(A) necessary to protect public safety; or

removed “(B) reasonable, economically feasible, and essential to prevent loss of or damage to, or to mitigate adverse effects on, fish and wildlife resources, water supply, and water quality that are directly caused by the construction and operation of the qualifying project upgrade, as compared to the environmental baseline existing at the time the Commission approves the application for the license amendment.

removed “(10) Proposed license amendments that are not qualifying project upgrades—If the Commission determines under paragraph (3) or (5) that a proposed license amendment is not for a qualifying project upgrade, the procedures under paragraphs (6) through (9) shall not apply to the application.

removed “(11) Rulemaking—Not later than 180 days after the date of enactment of this section, the Commission shall, after notice and opportunity for public comment, issue a rule to implement this subsection.

removed “(12) Definitions—For purposes of this subsection:

removed “(A) Qualifying project upgrade—The term qualifying project upgrade means a change to a project licensed under this part that meets the qualifying criteria, as determined by the Commission.

removed “(B) Qualifying criteria—The term qualifying criteria means, with respect to a project license under this part, a change to the project that—

removed “(i) if carried out, would be unlikely to adversely affect any species listed as threatened or endangered under the Endangered Species Act of 1973 or result in the destruction or adverse modification of critical habitat, as determined in consultation with the Secretary of the Interior or Secretary of Commerce, as appropriate, in accordance with section 7 of the Endangered Species Act of 1973;

removed “(ii) is consistent with any applicable comprehensive plan under section 10(a)(2);

removed “(iii) includes only changes to project lands, waters, or operations that, in the judgment of the Commission, would result in only insignificant or minimal cumulative adverse environmental effects;

removed “(iv) would be unlikely to adversely affect water quality and water supply; and

removed “(v) proposes to implement—

removed “(I) capacity increases, efficiency improvements, or other enhancements to hydropower generation at the licensed project;

removed “(II) environmental protection, mitigation, or enhancement measures to benefit fish and wildlife resources or other natural and cultural resources; or

removed “(III) improvements to public recreation at the licensed project.

removed “(b) Amendment approval processes

removed “(1) Rule—Not later than 1 year after the date of enactment of this section, the Commission shall, after notice and opportunity for public comment, issue a rule establishing new standards and procedures for license amendment applications under this part. In issuing such rule, the Commission shall seek to develop the most efficient and expedient process, consultation, and review requirements, commensurate with the scope of different categories of proposed license amendments. Such rule shall account for differences in environmental effects across a wide range of categories of license amendment applications.

removed “(2) Capacity—In issuing a rule under this subsection, the Commission shall take into consideration that a change in generating or hydraulic capacity may indicate the potential environmental effects of a proposed amendment but is not determinative of such effects.

removed “(3) Process options—In issuing a rule under this subsection, the Commission shall take into consideration the range of process options available under the Commission’s regulations for new and original license applications and adapt such options to amendment applications, where appropriate.”

removed Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended by section 1308, is further amended by adding at the end the following:

removed “38. Promoting hydropower development at existing nonpowered dams

removed “(a) Exemptions for qualifying facilities

removed “(1) Exemption qualifications—Subject to the requirements of this subsection, the Commission may grant an exemption in whole or in part from the requirements of this part, including any license requirements contained in this part, to any facility the Commission determines is a qualifying facility.

removed “(2) Consultation with Federal and State agencies—In granting any exemption under this subsection, the Commission shall consult with—

removed “(A) the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the State agency exercising administrative control over the fish and wildlife resources of the State in which the facility will be located, in the manner provided by the Fish and Wildlife Coordination Act;

removed “(B) any Federal department supervising any public lands or reservations occupied by the project; and

removed “(C) any Indian tribe affected by the project.

removed “(3) Exemption conditions

removed “(A) In general—The Commission shall include in any exemption granted under this subsection only such terms and conditions that the Commission determines are—

removed “(i) necessary to protect public safety; or

removed “(ii) reasonable, economically feasible, and essential to prevent loss of or damage to, or to mitigate adverse effects on, fish and wildlife resources directly caused by the construction and operation of the qualifying facility, as compared to the environmental baseline existing at the time the Commission grants the exemption.

removed “(B) No changes to release regime—No Federal authorization required with respect to a qualifying facility described in paragraph (1), including an exemption granted by the Commission under this subsection, may include any condition or other requirement that results in any material change to the storage, control, withdrawal, diversion, release, or flow operations of the associated qualifying nonpowered dam.

removed “(4) Environmental review—The Commission’s environmental review under the National Environmental Policy Act of 1969 of a proposed exemption under this subsection shall consist only of an environmental assessment, unless the Commission determines, by rule or order, that the Commission’s obligations under such Act for granting exemptions under this subsection can be met through a categorical exclusion.

removed “(5) Violation of terms of exemption—Any violation of a term or condition of any exemption granted under this subsection shall be treated as a violation of a rule or order of the Commission under this Act.

removed “(6) Annual charges for enhancement activities—Exemptees under this subsection for any facility located at a non-Federal dam shall pay to the United States reasonable annual charges in an amount to be fixed by the Commission for the purpose of funding environmental enhancement projects in watersheds in which facilities exempted under this subsection are located. Such annual charges shall be equivalent to the annual charges for use of a Government dam under section 10(e), unless the Commission determines, by rule, that a lower charge is appropriate to protect exemptees’ investment in the project or avoid increasing the price to consumers of power due to such charges. The proceeds of charges made by the Commission under this paragraph shall be paid into the Treasury of the United States and credited to miscellaneous receipts. Subject to annual appropriation Acts, such proceeds shall be available to Federal and State fish and wildlife agencies for purposes of carrying out specific environmental enhancement projects in watersheds in which one or more facilities exempted under this subsection are located. Not later than 180 days after the date of enactment of this section, the Commission shall establish rules, after notice and opportunity for public comment, for the collection and administration of annual charges under this paragraph.

removed “(7) Effect of jurisdiction—The jurisdiction of the Commission over any qualifying facility exempted under this subsection shall extend only to the qualifying facility exempted and any associated primary transmission line, and shall not extend to any conduit, dam, impoundment, shoreline or other land, or any other project work associated with the qualifying facility exempted under this subsection.

removed “(b) Definitions—For purposes of this section—

removed “(1) Federal authorization—The term Federal authorization has the same meaning as provided in section 34.

removed “(2) Qualifying criteria—The term qualifying criteria means, with respect to a facility—

removed “(A) as of the date of enactment of this section, the facility is not licensed under, or exempted from the license requirements contained in, this part;

removed “(B) the facility will be associated with a qualifying nonpowered dam;

removed “(C) the facility will be constructed, operated, and maintained for the generation of electric power;

removed “(D) the facility will use for such generation any withdrawals, diversions, releases, or flows from the associated qualifying nonpowered dam, including its associated impoundment or other infrastructure; and

removed “(E) the operation of the facility will not result in any material change to the storage, control, withdrawal, diversion, release, or flow operations of the associated qualifying nonpowered dam.

removed “(3) Qualifying facility—The term qualifying facility means a facility that is determined under this section to meet the qualifying criteria.

removed “(4) Qualifying nonpowered dam—The term qualifying nonpowered dam means any dam, dike, embankment, or other barrier—

removed “(A) the construction of which was completed on or before the date of enactment of this section;

removed “(B) that is operated for the control, release, or distribution of water for agricultural, municipal, navigational, industrial, commercial, environmental, recreational, aesthetic, or flood control purposes;

removed “(C) that, as of the date of enactment of this section, is not equipped with hydropower generating works that are licensed under, or exempted from the license requirements contained in, this part; and

removed “(D) that, in the case of a non-Federal dam, has been certified by an independent consultant approved by the Commission as complying with the Commission’s dam safety requirements.”

removed Congress finds the following:

removed Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall conduct a long-range strategic review of the Strategic Petroleum Reserve and develop and transmit to Congress a plan that includes an analysis and implementation schedule that—

removed “(g) Public Disclosure of LNG Export Destinations—As a condition for approval of any authorization to export LNG, the Secretary of Energy shall require the applicant to publicly disclose the specific destination or destinations of any such authorized LNG exports.”

removed “530. Energy-efficient and energy-saving information technologies

removed “(a) Definitions—In this section:

removed “(1) Director—The term Director means the Director of the Office of Management and Budget.

removed “(2) Information technology—The term information technology has the meaning given that term in section 11101 of title 40, United States Code.

removed “(b) Development of implementation strategy—Not later than 1 year after the date of enactment of this section, each Federal agency shall coordinate with the Director, the Secretary, and the Administrator of the Environmental Protection Agency to develop an implementation strategy (that includes best practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies, taking into consideration the performance goals established under subsection (d).

removed “(c) Administration—In developing an implementation strategy under subsection (b), each Federal agency shall consider—

removed “(1) advanced metering infrastructure;

removed “(2) energy-efficient data center strategies and methods of increasing asset and infrastructure utilization;

removed “(3) advanced power management tools;

removed “(4) building information modeling, including building energy management;

removed “(5) secure telework and travel substitution tools; and

removed “(6) mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization.

removed “(d) Performance goals

removed “(1) In general—Not later than 180 days after the date of enactment of this section, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information technology.

removed “(2) Best practices—The Chief Information Officers Council established under section 3603 of title 44, United States Code, shall recommend best practices for the attainment of the performance goals, which shall include Federal agency consideration of, to the extent applicable by law, the use of—

removed “(A) energy savings performance contracting; and

removed “(B) utility energy services contracting.

removed “(e) Reports

removed “(1) Agency reports—Each Federal agency shall include in the report of the agency under section 527 a description of the efforts and results of the agency under this section.

removed “(2) OMB government efficiency reports and scorecards—Effective beginning not later than October 1, 2017, the Director shall include in the annual report and scorecard of the Director required under section 528 a description of the efforts and results of Federal agencies under this section.”

removed Section 453 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112) is amended—

removed “(c) Stakeholder involvement—The 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 available. In such collaboration, the Secretary and the Administrator shall pay particular attention to organizations that—

removed “(1) have members with expertise in energy efficiency and in the development, operation, and functionality of data centers, information technology equipment, and software, such as representatives of hardware manufacturers, data center operators, and facility managers;

removed “(2) obtain and address input from Department of Energy National Laboratories or any college, university, research institution, industry association, company, or public interest group with applicable expertise;

removed “(3) follow—

removed “(A) commonly accepted procedures for the development of specifications; and

removed “(B) accredited standards development processes; and

removed “(4) have a mission to promote energy efficiency for data centers and information technology.

removed “(d) Measurements and specifications—The 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.

removed “(e) Study—The Secretary, in collaboration with the Administrator, shall, not later than 18 months after the date of enactment of the North American Energy Security and Infrastructure Act of 2015, make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109–431 (120 Stat. 2920), that provides—

removed “(1) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2008 through 2015;

removed “(2) an analysis considering the impact of information technologies, including virtualization and cloud computing, in the public and private sectors;

removed “(3) an evaluation of the impact of the combination of cloud platforms, mobile devices, social media, and big data on data center energy usage;

removed “(4) an evaluation of water usage in data centers and recommendations for reductions in such water usage; and

removed “(5) updated projections and recommendations for best practices through fiscal year 2020.

removed “(f) Data center energy practitioner program—The 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 leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in Federal data centers. Each Federal agency shall consider having the data centers of the agency evaluated every 4 years, in accordance with section 543(f) of the National Energy Conservation Policy Act (42 U.S.C. 8253), by energy practitioners certified pursuant to such program.

removed “(g) Open data initiative—The Secretary, in collaboration with key stakeholders and the Director of the Office of Management and Budget, shall establish an open data initiative for Federal data center energy usage data, with the purpose of making such data available and accessible in a manner that encourages further data center innovation, optimization, and consolidation. In establishing the initiative, the Secretary shall consider the use of the online Data Center Maturity Model.

removed “(h) International specifications and metrics—The Secretary, in collaboration with key stakeholders, shall actively participate in efforts to harmonize global specifications and metrics for data center energy and water efficiency.

removed “(i) Data center utilization metric—The Secretary, in collaboration with key stakeholders, shall facilitate the development of an efficiency metric that measures the energy efficiency of a data center (including equipment and facilities).

removed “(j) Protection of proprietary information—The 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.”

removed “(2) Renewable energy—The term renewable energy means electric energy, or thermal energy if resulting from a thermal energy project placed in service after December 31, 2014, generated from, or avoided by, solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste (in accordance with subsection (e)), qualified waste heat resource, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project.

removed “(3) Qualified waste heat resource—The term qualified waste heat resource means—

removed “(A) exhaust heat or flared gas from any industrial process;

removed “(B) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented;

removed “(C) a pressure drop in any gas for an industrial or commercial process; or

removed “(D) such other forms of waste heat as the Secretary determines appropriate.”

removed “(e) Paper recycling

removed “(1) Separate collection—For purposes of this section, any Federal agency may consider electric energy generation purchased from a facility to be renewable energy if the municipal solid waste used by the facility to generate the electricity is—

removed “(A) separately collected (within the meaning of section 246.101(z) of title 40, Code of Federal Regulations, as in effect on the date of enactment of the North American Energy Security and Infrastructure Act of 2015) from paper that is commonly recycled; and

removed “(B) processed in a way that keeps paper that is commonly recycled segregated from non-recyclable solid waste.

removed “(2) Incidental inclusion—Municipal solid waste used to generate electric energy that meets the conditions described in paragraph (1) shall be considered renewable energy even if the municipal solid waste contains incidental commonly recycled paper.

removed “(3) No effect on existing processes—Nothing in paragraph (1) shall be interpreted to require a State or political subdivision of a State, directly or indirectly, to change the systems, processes, or equipment it uses to collect, treat, dispose of, or otherwise use municipal solid waste, within the meaning of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), nor require a change to the regulations that implement subtitle D of such Act (42 U.S.C. 6941 et seq.).”

removed Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended—

removed “(a) Energy performance requirement for federal buildings

removed “(1) Requirement—Subject to paragraph (2), each agency shall apply energy conservation measures to, and shall improve the design for the construction of, the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per gross square foot of the Federal buildings of the agency in fiscal years 2006 through 2017 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in fiscal year 2003, by the percentage specified in the following table:

removed “(2) Exclusion for buildings with energy intensive activities

removed “(A) In general—An agency may exclude from the requirements of paragraph (1) any building (including the associated energy consumption and gross square footage) in which energy intensive activities are carried out.

removed “(B) Reports—Each agency shall identify and list in each report made under section 548(a) the buildings designated by the agency for exclusion under subparagraph (A).

removed “(3) Review—Not later than December 31, 2017, the Secretary shall—

removed “(A) review the results of the implementation of the energy performance requirements established under paragraph (1); and

removed “(B) based on the review conducted under subparagraph (A), submit to Congress a report that addresses the feasibility of requiring each agency to apply energy conservation measures to, and improve the design for the construction of, the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per gross square foot of the Federal buildings of the agency in each of fiscal years 2018 through 2030 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in the prior fiscal year, by 3 percent.”

removed “(E) Ongoing commissioning—The term ongoing commissioning means an ongoing process of commissioning using monitored data, the primary goal of which is to ensure continuous optimum performance of a facility, in accordance with design or operating needs, over the useful life of the facility, while meeting facility occupancy requirements.”

removed “(C) Energy management system—An energy manager designated under subparagraph (A) shall consider use of a system to manage energy use at the facility and certification of the facility in accordance with the International Organization for Standardization standard numbered 50001 and entitled “Energy Management Systems”.”

removed “(3) Energy and water evaluations and commissioning

removed “(A) Evaluations—Except as provided in subparagraph (B), effective beginning on the date that is 180 days after the date of enactment of the North American Energy Security and Infrastructure Act of 2015, and annually thereafter, each energy manager shall complete, for each calendar year, a comprehensive energy and water evaluation and recommissioning or retrocommissioning for approximately 25 percent of the facilities of that energy manager’s agency that meet the criteria under paragraph (2)(B) in a manner that ensures that an evaluation of each facility is completed at least once every 4 years.

removed “(B) Exceptions—An evaluation and recommissioning or recommissioning shall not be required under subparagraph (A) with respect to a facility that—

removed “(i) has had a comprehensive energy and water evaluation during the 8-year period preceding the date of the evaluation;

removed “(ii)

removed “(I) has been commissioned, recommissioned, or retrocommissioned during the 10-year period preceding the date of the evaluation; or

removed “(II) is under ongoing commissioning, recommissioning, or retrocommissioning;

removed “(iii) has not had a major change in function or use since the previous evaluation and commissioning, recommissioning, or retrocommissioning;

removed “(iv) has been benchmarked with public disclosure under paragraph (8) within the year preceding the evaluation; and

removed “(v)

removed “(I) based on the benchmarking, has achieved at a facility level the most recent cumulative energy savings target under subsection (a) compared to the earlier of—

removed “(aa) the date of the most recent evaluation; or

removed “(bb) the date—

removed “(AA) of the most recent commissioning, recommissioning, or retrocommissioning; or

removed “(BB) on which ongoing commissioning, recommissioning, or retrocommissioning began; or

removed “(II) has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause (I).

removed “(4) Implementation of identified energy and water efficiency measures

removed “(A) In general—Not later than 2 years after the date of completion of each evaluation under paragraph (3), each energy manager may—

removed “(i) implement any energy- or water-saving measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life-cycle cost effective; and

removed “(ii) bundle individual measures of varying paybacks together into combined projects.

removed “(B) Measures not implemented—Each energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide an explanation regarding any life-cycle cost-effective measures described in subparagraph (A)(i) that have not been implemented.”

removed “(iii) Summary report—The Secretary shall make publicly available a report that summarizes the information tracked under subparagraph (B)(i) by each agency and, as applicable, by each type of measure.”

removed “(17) Major renovation—The term major renovation means a modification of building energy systems sufficiently extensive that the whole building can meet energy standards for new buildings, based on criteria to be established by the Secretary through notice and comment rulemaking.”

removed “(3) Revised Federal building energy efficiency performance standards; certification for green buildings

removed “(A) Revised Federal building energy efficiency performance standards

removed “(i) In general—Not later than 1 year after the date of enactment of the North American Energy Security and Infrastructure Act of 2015, the Secretary shall establish, by rule, revised Federal building energy efficiency performance standards that require that—

removed “(I) new Federal buildings and alterations and additions to existing Federal buildings—

removed “(aa) meet or exceed the most recent revision of the IECC (in the case of residential buildings) or ASHRAE Standard 90.1 (in the case of commercial buildings) as of the date of enactment of the North American Energy Security and Infrastructure Act of 2015; and

removed “(bb) meet or exceed the energy provisions of State and local building codes applicable to the building, if the codes are more stringent than the IECC or ASHRAE Standard 90.1, as applicable;

removed “(II) unless demonstrated not to be life-cycle cost effective for new Federal buildings and Federal buildings with major renovations—

removed “(aa) the buildings be designed to achieve energy consumption levels that are at least 30 percent below the levels established in the version of the ASHRAE Standard or the IECC, as appropriate, that is applied under subclause (I)(aa), including updates under subparagraph (B); and

removed “(bb) sustainable design principles are applied to the location, siting, design, and construction of all new Federal buildings and replacement Federal buildings;

removed “(III) if water is used to achieve energy efficiency, water conservation technologies shall be applied to the extent that the technologies are life-cycle cost effective; and

removed “(IV) if life-cycle cost effective, as compared to other reasonably available technologies, not less than 30 percent of the hot water demand for each new Federal building or Federal building undergoing a major renovation be met through the installation and use of solar hot water heaters.

removed “(ii) Limitation—Clause (i)(I) shall not apply to unaltered portions of existing Federal buildings and systems that have been added to or altered.

removed “(B) Updates—Not later than 1 year after the date of approval of each subsequent revision of ASHRAE Standard 90.1 or the IECC, as appropriate, the Secretary shall determine whether the revised standards established under subparagraph (A) should be updated to reflect the revisions, based on the energy savings and life-cycle cost effectiveness of the revisions.”

removed “(C) Budget request—In the budget request”

removed “(D) Certification for green buildings

removed “(i) In general”

removed “(ii) Considerations—In identifying”

removed “(iii) Study—At least once”

removed “(iv) Internal certification processes—The Secretary may”

removed “(v) Privatized military housing—With respect”

removed “(vi) Water conservation technologies—In addition to”

removed “(c) Periodic review—The Secretary shall—

removed “(1) every 5 years, review the Federal building energy standards established under this section; and

removed “(2) on completion of a review under paragraph (1), if the Secretary determines that significant energy savings would result, upgrade the standards to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified.”

removed Section 324(a)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)) is amended by adding the following at the end:

removed “(J) Smart grid capability on energy guide labels

removed “(i) Rule—Not later than 1 year after the date of enactment of this subparagraph, the Commission shall initiate a rulemaking to consider making a special note in a prominent manner on any Energy Guide label for any product that includes Smart Grid capability that—

removed “(I) Smart Grid capability is a feature of that product;

removed “(II) the use and value of that feature depend on the Smart Grid capability of the utility system in which the product is installed and the active utilization of that feature by the customer; and

removed “(III) on a utility system with Smart Grid capability, the use of the product’s Smart Grid capability could reduce the customer’s cost of the product’s annual operation as a result of the incremental energy and electricity cost savings that would result from the customer taking full advantage of such Smart Grid capability.

removed “(ii) Deadline—Not later than 3 years after the date of enactment of this subparagraph, the Commission shall complete the rulemaking initiated under clause (i).”

removed Section 326(b) of the Energy Policy and Conservation Act (42 U.S.C. 6296(b)) is amended by adding at the end the following:

removed “(6) Voluntary verification programs for air conditioning, furnace, boiler, heat pump, and water heater products

removed “(A) Reliance on voluntary programs—For the purpose of verifying compliance with energy conservation standards established under sections 325 and 342 for covered products described in paragraphs (3), (4), (5), (9), and (11) of section 322(a) and covered equipment described in subparagraphs (B), (C), (D), (F), (I), (J), and (K) of section 340(1), the Secretary shall rely on testing conducted by recognized voluntary verification programs that are recognized by the Secretary in accordance with subparagraph (B).

removed “(B) Recognition of voluntary verification programs

removed “(i) In general—Not later than 180 days after the date of enactment of this paragraph, the Secretary shall initiate a negotiated rulemaking in accordance with subchapter III of chapter 5 of title 5, United States Code (commonly known as the “Negotiated Rulemaking Act of 1990”) to develop criteria that have consensus support for achieving recognition by the Secretary as an approved voluntary verification program. Any subsequent amendment to such criteria may be made only pursuant to a subsequent negotiated rulemaking in accordance with subchapter III of chapter 5 of title 5, United States Code.

removed “(ii) Minimum requirements—The criteria developed under clause (i) shall, at a minimum, ensure that a voluntary verification program—

removed “(I) is nationally recognized;

removed “(II) is operated by a third party and not directly operated by a program participant;

removed “(III) satisfies any applicable elements of—

removed “(aa) International Organization for Standardization standard numbered 17025; and

removed “(bb) any other relevant International Organization for Standardization standards identified and agreed to through the negotiated rulemaking under clause (i);

removed “(IV) at least annually tests independently obtained products following the test procedures established under this title to verify the certified rating of a representative sample of products and equipment within the scope of the program;

removed “(V) maintains a publicly available list of all ratings of products subject to verification;

removed “(VI) requires the changing of the performance rating or removal of the product or equipment from the program if testing determines that the performance rating does not meet the levels the manufacturer has certified to the Secretary;

removed “(VII) requires new program participants to substantiate ratings through test data generated in accordance with Department of Energy regulations;

removed “(VIII) allows for challenge testing of products and equipment within the scope of the program;

removed “(IX) requires program participants to disclose the performance rating of all covered products and equipment within the scope of the program for the covered product or equipment;

removed “(X) provides to the Secretary—

removed “(aa) an annual report of all test results, the contents of which shall be determined through the negotiated rulemaking process under clause (i); and

removed “(bb) test reports, on the request of the Secretary, that note any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing, to be exempted from disclosure under section 552(b)(4) of title 5, United States Code; and

removed “(XI) satisfies any additional requirements or standards that the Secretary shall establish consistent with this subparagraph.

removed “(iii) Cessation of recognition—The Secretary may only cease recognition of a voluntary verification program as an approved program described in subparagraph (A) upon a finding that the program is not meeting its obligations for compliance through program review criteria developed during the negotiated rulemaking conducted under subparagraph (B).

removed “(C) Administration

removed “(i) In general—The Secretary shall not require—

removed “(I) manufacturers to participate in a recognized voluntary verification program described in subparagraph (A); or

removed “(II) participating manufacturers to provide information that has already been provided to the Secretary.

removed “(ii) List of covered products—The Secretary may maintain a publicly available list of covered products and equipment that distinguishes between products that are and are not covered products and equipment verified through a recognized voluntary verification program described in subparagraph (A).

removed “(iii) Periodic verification testing—The Secretary—

removed “(I) shall not subject products or equipment that have been verification tested under a recognized voluntary verification program described in subparagraph (A) to periodic verification testing to verify the accuracy of the certified performance rating of the products or equipment; but

removed “(II) may require testing of products or equipment described in subclause (I)—

removed “(aa) if the testing is necessary—

removed “(AA) to assess the overall performance of a voluntary verification program;

removed “(BB) to address specific performance issues;

removed “(CC) for use in updating test procedures and standards; or

removed “(DD) for other purposes consistent with this title; or

removed “(bb) if such testing is agreed to during the negotiated rulemaking conducted under subparagraph (B).

removed “(D) Effect on other authority—Nothing in this paragraph limits the authority of the Secretary to enforce compliance with any law.”

removed “(E)

removed “(i) Unless the Secretary has published such a notice prior to the date of enactment of this Act, the Secretary shall publish, not later than October 31, 2015, a supplemental notice of proposed rulemaking or a notice of data availability updating the proposed rule entitled “Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Furnaces” and published in the Federal Register on March 12, 2015 (80 Fed. Reg. 13119), to provide notice and an opportunity for comment on—

removed “(I) dividing nonweatherized gas furnaces into two or more product classes with separate energy conservation standards based on capacity; and

removed “(II) any other matters the Secretary determines appropriate.

removed “(ii) On receipt of a statement that is submitted on or before January 1, 2016, jointly by interested persons that are fairly representative of relevant points of view, that contains recommended standards for nonweatherized gas furnaces and mobile home gas furnaces that are consistent with the requirements of this part (except that the date on which such standards will apply may be earlier or later than the date required under this part), the Secretary shall evaluate the standards proposed in the joint statement for consistency with the requirements of subsection (o), and shall publish notice of the potential adoption of the standards proposed in the joint statement, modified as necessary to ensure consistency with subsection (o). The Secretary shall solicit public comment for a period of at least 30 days with respect to such notice.

removed “(iii) Not later than July 31, 2016, but not before July 1, 2016, the Secretary shall publish a final rule containing a determination of whether the standards for nonweatherized gas furnaces and mobile home gas furnaces should be amended. Such rule shall contain any such amendments to the standards.”

removed “(3) Energy service provider—The term energy service provider means 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, or any utility operating under a utility energy service project.”

removed “(1) In general—The Secretary”

removed “(2) Coordination—To increase the value and capabilities of the industrial research and assessment centers, the centers shall—

removed “(A) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology;

removed “(B) coordinate with the Building Technologies Office of the Department of Energy to provide building assessment services to manufacturers;

removed “(C) increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise and technologies of the National Laboratories for national industrial and manufacturing needs; and

removed “(D) 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.

removed “(3) Outreach—The Secretary shall provide funding for—

removed “(A) outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services available; and

removed “(B) coordination activities by each industrial research and assessment center to leverage efforts with—

removed “(i) Federal and State efforts;

removed “(ii) the efforts of utilities and energy service providers;

removed “(iii) the efforts of regional energy efficiency organizations; and

removed “(iv) the efforts of other industrial research and assessment centers.

removed “(4) Small business loans—The 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 of industrial research and assessment centers established under paragraph (1).”

removed Section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) is amended by adding at the end the following new subsection:

removed “(e) No warranty

removed “(1) In General—Any disclosure relating to participation of a product in the Energy Star program shall not create an express or implied warranty or give rise to any private claims or rights of action under State or Federal law relating to the disqualification of that product from Energy Star if—

removed “(A) the product has been certified by a certification body recognized by the Energy Star program;

removed “(B) the Administrator has approved corrective measures, including a determination of whether or not consumer compensation is appropriate; and

removed “(C) the responsible party has fully complied with all approved corrective measures.

removed “(2) Construal—Nothing in this subsection shall be construed to require the Administrator to modify any procedure or take any other action.”

removed Section 325(o)(6)(E)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)(6)(E)(ii)) is amended by striking “installed” and inserting “manufactured or imported into the United States”.

removed The Secretary of Energy shall, not later than 18 months after the date of enactment of this Act, report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the efforts made to take advantage of, and promote, the utilization of advanced technologies such as Internet of Things end-to-end platform solutions to provide real-time actionable analytics and enable predictive maintenance and asset management to improve energy efficiency wherever feasible. In doing so, the Secretary shall look to encourage and utilize Internet of Things energy management solutions that have security tightly integrated into the hardware and software from the outset. The Secretary shall also encourage the use of Internet of Things solutions that enable seamless connectivity and that are interoperable, open standards-based, and built on a repeatable foundation for ease of scalability.

removed “(5) the status of each agency’s energy savings performance contracts and utility energy service contracts, the investment value of such contracts, the guaranteed energy savings for the previous year as compared to the actual energy savings for the previous year, the plan for entering into such contracts in the coming year, and information explaining why any previously submitted plans for such contracts were not implemented.”

removed “(iii) limit the recognition of operation and maintenance savings associated with systems modernized or replaced with the implementation of energy conservation measures, water conservation measures, or any series of energy conservation measures and water conservation measures.”

removed “(H) Miscellaneous Authority—Notwithstanding any other provision of law, a Federal agency may sell or transfer energy savings and apply the proceeds of such sale or transfer to fund a contract under this title.”

removed “(E) the use, sale, or transfer of energy incentives, rebates, or credits (including renewable energy credits) from Federal, State, or local governments or utilities; and

removed “(F) any revenue generated from a reduction in energy or water use, more efficient waste recycling, or additional energy generated from more efficient equipment.”

removed Section 392 of the Energy Policy and Conservation Act (42 U.S.C. 6371a) is amended by adding at the end the following:

removed “(e) Coordination of energy retrofitting assistance for schools

removed “(1) Definition of school—Notwithstanding section 391(6), for the purposes of this subsection, the term school means—

removed “(A) an elementary school or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));

removed “(B) an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)));

removed “(C) a school of the defense dependents’ education system under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.) or established under section 2164 of title 10, United States Code;

removed “(D) a school operated by the Bureau of Indian Affairs;

removed “(E) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)); and

removed “(F) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))).

removed “(2) Establishment of clearinghouse—The Secretary, acting through the Office of Energy Efficiency and Renewable Energy, shall establish a clearinghouse to disseminate information regarding available Federal programs and financing mechanisms that may be used to help initiate, develop, and finance energy efficiency, distributed generation, and energy retrofitting projects for schools.

removed “(3) Requirements—In carrying out paragraph (2), the Secretary shall—

removed “(A) consult with appropriate Federal agencies to develop a list of Federal programs and financing mechanisms that are, or may be, used for the purposes described in paragraph (2); and

removed “(B) coordinate with appropriate Federal agencies to develop a collaborative education and outreach effort to streamline communications and promote available Federal programs and financing mechanisms described in subparagraph (A), which may include the development and maintenance of a single online resource that includes contact information for relevant technical assistance in the Office of Energy Efficiency and Renewable Energy that States, local education agencies, and schools may use to effectively access and use such Federal programs and financing mechanisms.”

removed “(14) Model building energy code—The term model building energy code means a voluntary building energy code or standard developed and updated through a consensus process among interested persons, such as the IECC or ASHRAE Standard 90.1 or a code used by other appropriate organizations regarding which the Secretary has issued a determination that buildings subject to it would achieve greater energy efficiency than under a previously developed code.”

removed “(18) ASHRAE Standard 90.1—The term ASHRAE Standard 90.1 means the American Society of Heating, Refrigerating and Air-Conditioning Engineers ANSI/ASHRAE/IES Standard 90/1 Energy Standard for Buildings Except Low-Rise Residential Buildings.

removed “(19) Cost-effective—The term cost-effective means having a simple payback of 10 years or less.

removed “(20) IECC—The term IECC means the International Energy Conservation Code as published by the International Code Council.

removed “(21) Indian tribe—The term Indian tribe has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).

removed “(22) Simple payback—The term simple payback means the time in years that is required for energy savings to exceed the incremental first cost of a new requirement or code.

removed “(23) Technically feasible—The term technically feasible means capable of being achieved, based on widely available appliances, equipment, technologies, materials, and construction practices.”

removed “304. Updating State building energy efficiency codes

removed “(a) In general—The Secretary shall provide technical assistance, as described in subsection (e), for the purposes of—

removed “(1) implementation of building energy codes by States, Indian tribes, and, as appropriate, by local governments, that are technically feasible and cost-effective; and

removed “(2) supporting full compliance with the State, tribal, and local codes.

removed “(b) State and Indian tribe certification of building energy code updates

removed “(1) Review and updating of codes by each State and Indian tribe

removed “(A) In general—Not later than 3 years after the date on which a model building energy code is published, each State or Indian tribe shall certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively.

removed “(B) Demonstration—The certification shall include a statement of whether or not the energy savings for the code provisions that are in effect throughout the State or Indian tribal territory meet or exceed—

removed “(i) the energy savings of the most recently published model building energy code; or

removed “(ii) the targets established under section 307(b)(2).

removed “(C) No model building energy code update—If a model building energy code is not updated by a target date established under section 307(b)(2)(D), each State or Indian tribe shall, not later than 3 years after the specified date, certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively, to meet or exceed the target in section 307(b)(2).

removed “(2) Validation by Secretary—Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall—

removed “(A) determine whether the code provisions of the State or Indian tribe, respectively, meet the criteria specified in paragraph (1);

removed “(B) determine whether the certification submitted by the State or Indian tribe, respectively, is complete; and

removed “(C) if the requirements of subparagraph (B) are satisfied, validate the certification.

removed “(3) Limitation—Nothing in this section shall be interpreted to require a State or Indian tribe to adopt any building code or provision within a code.

removed “(c) Improvements in compliance with building energy codes

removed “(1) Requirement

removed “(A) In general—Not later than 3 years after the date of a certification under subsection (b), each State and Indian tribe shall certify whether or not the State or Indian tribe, respectively, has—

removed “(i) achieved full compliance under paragraph (3) with the applicable certified State or Indian tribe building energy code or with the associated model building energy code; or

removed “(ii) made significant progress under paragraph (4) toward achieving compliance with the applicable certified State or Indian tribe building energy code or with the associated model building energy code.

removed “(B) Repeat certifications—If the State or Indian tribe certifies progress toward achieving compliance, the State or Indian tribe shall repeat the certification until the State or Indian tribe certifies that the State or Indian tribe has achieved full compliance.

removed “(2) Measurement of compliance—A certification under paragraph (1) shall include documentation of the rate of compliance based on—

removed “(A) inspections of a random sample of the buildings covered by the code in the preceding year; or

removed “(B) an alternative method that yields an accurate measure of compliance.

removed “(3) Achievement of compliance—A State or Indian tribe shall be considered to achieve full compliance under paragraph (1) if—

removed “(A) at least 90 percent of building space covered by the code in the preceding year substantially meets all the requirements of the applicable code specified in paragraph (1), or achieves equivalent or greater energy savings level; or

removed “(B) the estimated excess energy use of buildings that did not meet the applicable code specified in paragraph (1) in the preceding year, compared to a baseline of comparable buildings that meet this code, is not more than 5 percent of the estimated energy use of all buildings covered by this code during the preceding year.

removed “(4) Significant progress toward achievement of compliance—A State or Indian tribe shall be considered to have made significant progress toward achieving compliance for purposes of paragraph (1) if the State or Indian tribe—

removed “(A) has developed and is implementing a plan for achieving compliance during the 8-year period beginning on the date of enactment of this paragraph, including annual targets for compliance and active training and enforcement programs; and

removed “(B) has met the most recent target under subparagraph (A).

removed “(5) Validation by Secretary—Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall—

removed “(A) determine whether the State or Indian tribe has demonstrated meeting the criteria of this subsection, including accurate measurement of compliance;

removed “(B) determine whether the certification submitted by the State or Indian tribe is complete; and

removed “(C) if the requirements of subparagraph (B) are satisfied, validate the certification.

removed “(6) Limitation—Nothing in this section shall be interpreted to require a State or Indian tribe to adopt any building code or provision within a code.

removed “(d) States or Indian tribes that do not achieve compliance

removed “(1) Reporting—A State or Indian tribe that has not made a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on the status of the State or Indian tribe with respect to meeting the requirements and submitting the certification.

removed “(2) State sovereignty—Nothing in this section shall be interpreted to require a State or Indian tribe to adopt any building code or provision within a code.

removed “(3) Local government—In any State or Indian tribe for which the Secretary has not validated a certification under subsection (b) or (c), a local government may be eligible for Federal support by meeting the certification requirements of subsections (b) and (c).

removed “(4) Annual reports by Secretary

removed “(A) In general—The Secretary shall annually submit to Congress, and publish in the Federal Register, a report on—

removed “(i) the status of model building energy codes;

removed “(ii) the status of code adoption and compliance in the States and Indian tribes;

removed “(iii) implementation of this section; and

removed “(iv) improvements in energy savings over time as a result of the targets established under section 307(b)(2).

removed “(B) Impacts—The report shall include estimates of impacts of past action under this section, and potential impacts of further action, on—

removed “(i) upfront financial and construction costs, cost benefits and returns (using a return on investment analysis), and lifetime energy use for buildings;

removed “(ii) resulting energy costs to individuals and businesses; and

removed “(iii) resulting overall annual building ownership and operating costs.

removed “(e) Technical assistance to States and Indian Tribes

removed “(1) In general—The Secretary shall, upon request, provide technical assistance to States and Indian tribes to implement the goals and requirements of this section—

removed “(A) to implement State residential and commercial building energy codes; and

removed “(B) to document the rate of compliance with a building energy code.

removed “(2) Technical assistance—The assistance shall include, as requested by the State or Indian tribe, technical assistance in—

removed “(A) evaluating the energy savings of building energy codes;

removed “(B) assessing the economic considerations, referenced in section 307(b)(4), of implementing building energy codes;

removed “(C) building energy analysis and design tools;

removed “(D) energy simulation models;

removed “(E) building demonstrations;

removed “(F) developing the definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes; and

removed “(G) complying with a performance-based pathway referenced in the model code.

removed “(3) Exclusion—For purposes of this section, “technical assistance” shall not include actions that promote or discourage the adoption of a particular building energy code, code provision, or energy savings target to a State or Indian tribe.

removed “(4) Information quality and transparency—For purposes of this section, information provided by the Secretary, attendant to any technical assistance provided to a State or Indian tribe, is “influential information” and shall satisfy the guidelines established by the Office of Management and Budget and published at 67 Federal Register 8,452 (Feb. 22, 2002).

removed “(f) Federal support

removed “(1) In general—The Secretary shall provide support to States and Indian tribes—

removed “(A) to implement the reporting requirements of this section; and

removed “(B) to implement residential and commercial building energy codes, including increasing and verifying compliance with the codes and training of State, tribal, and local building code officials to implement and enforce the codes.

removed “(2) Exclusion—Support shall not be given to support adoption and implementation of model building energy codes for which the Secretary has made a determination under section 307(g)(1)(C) that the code is not cost-effective.

removed “(3) Training—Support shall be offered to States to train State and local building code officials to implement and enforce codes described in paragraph (1)(B).

removed “(4) Local governments—States may work under this subsection with local governments that implement and enforce codes described in paragraph (1)(B).

removed “(g) Voluntary programs To exceed model building energy code

removed “(1) In general—The Secretary shall provide technical assistance, as described in subsection (e), for the development of voluntary programs that exceed the model building energy codes for residential and commercial buildings for use as—

removed “(A) voluntary incentive programs adopted by local, tribal, or State governments; and

removed “(B) nonbinding guidelines for energy-efficient building design.

removed “(2) Targets—The voluntary programs described in paragraph (1) shall be designed—

removed “(A) to achieve substantial energy savings compared to the model building energy codes; and

removed “(B) to meet targets under section 307(b), if available, up to 3 to 6 years in advance of the target years.

removed “(h) Studies

removed “(1) GAO study

removed “(A) In general—The Comptroller General of the United States shall conduct a study of the impacts of updating the national model building energy codes for residential and commercial buildings. In conducting the study, the Comptroller General shall consider and report, at a minimum—

removed “(i) the actual energy consumption savings stemming from updated energy codes compared to the energy consumption savings predicted during code development;

removed “(ii) the actual consumer cost savings stemming from updated energy codes compared to predicted consumer cost savings; and

removed “(iii) an accounting of expenditures of the Federal funds under each program authorized by this title.

removed “(B) Report to Congress—Not later than 3 years after the date of enactment of the North American Energy Security and Infrastructure Act of 2015, the Comptroller General of the United States shall submit a report to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives including the study findings and conclusions.

removed “(2) Feasibility study—The Secretary, in consultation with building science experts from the National Laboratories and institutions of higher education, designers and builders of energy-efficient residential and commercial buildings, code officials, and other stakeholders, shall undertake a study of the feasibility, impact, economics, and merit of—

removed “(A) code improvements that would require that buildings be designed, sited, and constructed in a manner that makes the buildings more adaptable in the future to become zero-net-energy after initial construction, as advances are achieved in energy-saving technologies;

removed “(B) code procedures to incorporate a ten-year payback, not just first-year energy use, in trade-offs and performance calculations; and

removed “(C) legislative options for increasing energy savings from building energy codes, including additional incentives for effective State and local verification of compliance with and enforcement of a code.

removed “(3) Energy data in multitenant buildings—The Secretary, in consultation with appropriate representatives of the utility, utility regulatory, building ownership, and other stakeholders, shall—

removed “(A) undertake a study of best practices regarding delivery of aggregated energy consumption information to owners and managers of residential and commercial buildings with multiple tenants and uses; and

removed “(B) consider the development of a memorandum of understanding between and among affected stakeholders to reduce barriers to the delivery of aggregated energy consumption information to such owners and managers.

removed “(i) Effect on other laws—Nothing in this section or section 307 supersedes or modifies the application of sections 321 through 346 of the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.).

removed “(j) Funding limitations—No Federal funds shall be—

removed “(1) used to support actions by the Secretary, or States, to promote or discourage the adoption of a particular building energy code, code provision, or energy saving target to a State or Indian tribe; or

removed “(2) provided to private third parties or non-governmental organizations to engage in such activities.”

removed “307. Support for model building energy codes

removed “(a) In general—The Secretary shall provide technical assistance, as described in subsection (c), for updating of model building energy codes.

removed “(b) Targets

removed “(1) In general—The Secretary shall provide technical assistance, for updating the model building energy codes.

removed “(2) Targets

removed “(A) In general—The Secretary shall provide technical assistance to States, Indian tribes, local governments, nationally recognized code and standards developers, and other interested parties for updating of model building energy codes by establishing one or more aggregate energy savings targets through rulemaking in accordance with section 553 of title 5, United States Code, to achieve the purposes of this section.

removed “(B) Separate targets—Separate targets may be established for commercial and residential buildings.

removed “(C) Baselines—The baseline for updating model building energy codes shall be the 2009 IECC for residential buildings and ASHRAE Standard 90.1–2010 for commercial buildings.

removed “(D) Specific years

removed “(i) In general—Targets for specific years shall be established and revised by the Secretary through rulemaking in accordance with section 553 of title 5, United States Code, and coordinated with nationally recognized code and standards developers at a level that—

removed “(I) is at the maximum level of energy efficiency that is technically feasible and cost effective, while accounting for the economic considerations under paragraph (4); and

removed “(II) promotes the achievement of commercial and residential high performance buildings through high performance energy efficiency (within the meaning of section 401 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061)).

removed “(ii) Initial targets—Not later than 1 year after the date of enactment of this clause, the Secretary shall establish initial targets under this subparagraph.

removed “(iii) Different target years—Subject to clause (i), prior to the applicable year, the Secretary may set a later target year for any of the model building energy codes described in subparagraph (A) if the Secretary determines that a target cannot be met.

removed “(E) Small business—When establishing targets under this paragraph through rulemaking, the Secretary shall ensure compliance with the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note; Public Law 104–121) for any indirect economic effect on small entities that is reasonably foreseeable and a result of such rule.

removed “(3) Appliance standards and other factors affecting building energy use—In establishing energy savings targets under paragraph (2), the Secretary shall develop and adjust the targets in recognition of potential savings and costs relating to—

removed “(A) efficiency gains made in appliances, lighting, windows, insulation, and building envelope sealing;

removed “(B) advancement of distributed generation and on-site renewable power generation technologies;

removed “(C) equipment improvements for heating, cooling, and ventilation systems and water heating systems;

removed “(D) building management systems and smart grid technologies to reduce energy use; and

removed “(E) other technologies, practices, and building systems regarding building plug load and other energy uses.

removed “(4) Economic considerations—In establishing and revising energy savings targets under paragraph (2), the Secretary shall consider the economic feasibility of achieving the proposed targets established under this section and the potential costs and savings for consumers and building owners, by conducting a return on investment analysis, using a simple payback methodology over a 3-, 5-, and 7-year period. The Secretary shall not propose or provide technical or financial assistance for any code, provision in the code, or energy target, or amendment thereto, that has a payback greater than 10 years.

removed “(c) Technical assistance to model building energy code-Setting and standard development organizations

removed “(1) In general—The Secretary shall, on a timely basis, provide technical assistance to model building energy code-setting and standard development organizations consistent with the goals of this section.

removed “(2) Technical assistance—The assistance shall include, as requested by the organizations, technical assistance in—

removed “(A) evaluating the energy savings of building energy codes;

removed “(B) assessing the economic considerations, under subsection (b)(4), of code or standards proposals or revisions;

removed “(C) building energy analysis and design tools;

removed “(D) energy simulation models;

removed “(E) building demonstrations;

removed “(F) developing definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes;

removed “(G) developing a performance-based pathway for compliance;

removed “(H) developing model building energy codes by Indian tribes in accordance with tribal law; and

removed “(I) code development meetings, including through direct Federal employee participation in committee meetings, hearings and online communication, voting, and presenting research and technical or economic analyses during such meetings.

removed “(3) Exclusion—Except as provided in paragraph (2)(I), for purposes of this section, “technical assistance” shall not include actions that promote or discourage the adoption of a particular building energy code, code provision, or energy savings target.

removed “(4) Information quality and transparency—For purposes of this section, information provided by the Secretary, attendant to development of any energy savings targets, is influential information and shall satisfy the guidelines established by the Office of Management and Budget and published at 67 Federal Register 8,452 (Feb. 22, 2002).

removed “(d) Amendment proposals

removed “(1) In general—The Secretary may submit timely model building energy code amendment proposals that are technically feasible, cost-effective, and technology-neutral to the model building energy code-setting and standard development organizations, with supporting evidence, sufficient to enable the model building energy codes to meet the targets established under subsection (b)(2).

removed “(2) Process and factors—All amendment proposals submitted by the Secretary shall be published in the Federal Register and made available on the Department of Energy website 90 days prior to any submittal to a code development body, and shall be subject to a public comment period of not less than 60 days. Information provided by the Secretary, attendant to submission of any amendment proposals, is influential information and shall satisfy the guidelines established by the Office of Management and Budget and published at 67 Federal Register 8,452 (Feb. 22, 2002). When calculating the costs and benefits of an amendment, the Secretary shall use climate zone weighted averages for equipment efficiency for heating, cooling, ventilation, and water heating systems, using equipment that is actually installed.

removed “(e) Analysis methodology—The Secretary shall make publicly available the entire calculation methodology (including input assumptions and data) used by the Secretary to estimate the energy savings of code or standard proposals and revisions.

removed “(f) Methodology development—The Secretary shall establish a methodology for evaluating cost effectiveness of energy code changes in multifamily buildings that incorporates economic parameters representative of typical multifamily buildings.

removed “(g) Determination

removed “(1) Revision of model building energy codes—If the provisions of the IECC or ASHRAE Standard 90.1 regarding building energy use are revised, the Secretary shall make a preliminary determination not later than 90 days after the date of the revision, and a final determination not later than 15 months after the date of the revision, on whether or not the revision—

removed “(A) improves energy efficiency in buildings compared to the existing IECC or ASHRAE Standard 90.1, as applicable;

removed “(B) meets the applicable targets under subsection (b)(2); and

removed “(C) is technically feasible and cost-effective.

removed “(2) Codes or standards not meeting criteria

removed “(A) In general—If the Secretary makes a preliminary determination under paragraph (1)(B) that a revised IECC or ASHRAE Standard 90.1 does not meet the targets established under subsection (b)(2), is not technically feasible, or is not cost-effective, the Secretary may at the same time provide technical assistance, as described in subsection (c), to the International Code Council or ASHRAE, as applicable, with proposed changes that would result in a model building energy code or standard that meets the criteria, and with supporting evidence. Proposed changes submitted by the Secretary shall be published in the Federal Register and made available on the Department of Energy website 90 days prior to any submittal to a code development body, and shall be subject to a public comment period of not less than 60 days. Information provided by the Secretary, attendant to submission of any amendment proposals, is influential information and shall satisfy the guidelines established by the Office of Management and Budget and published at 67 Federal Register 8,452 (Feb. 22, 2002).

removed “(B) Incorporation of changes

removed “(i) In general—On receipt of the technical assistance, as described in subsection (c), the International Code Council or ASHRAE, as applicable, shall, prior to the Secretary making a final determination under paragraph (1), have an additional 270 days to accept or reject the proposed changes made by the Secretary to the model building energy code or standard.

removed “(ii) Final determination—A final determination under paragraph (1) shall be on the final revised model building energy code or standard.

removed “(h) Administration—In carrying out this section, the Secretary shall—

removed “(1) publish notice of targets, amendment proposals and supporting analysis and determinations under this section in the Federal Register to provide an explanation of and the basis for such actions, including any supporting modeling, data, assumptions, protocols, and cost-benefit analysis, including return on investment;

removed “(2) provide an opportunity for public comment on targets and supporting analysis and determinations under this section, in accordance with section 553 of title 5, United States Code; and

removed “(3) provide an opportunity for public comment on amendment proposals.

removed “(i) Voluntary codes and standards—Not withstanding any other provision of this section, any model building code or standard established under this section shall not be binding on a State, local government, or Indian tribe as a matter of Federal law.”

removed “(c) Modifying definitions of covered products

removed “(1) In general—For any covered product for which a definition is provided in section 321, the Secretary may, by rule, unless prohibited herein, modify such definition in order to—

removed “(A) address significant changes in the product or the market occurring since the definition was established; and

removed “(B) better enable improvements in the energy efficiency of the product as part of an energy using system.

removed “(2) Antibacksliding exemption—Section 325(o)(1) shall not apply to adjustments to covered product definitions made pursuant to this subsection.

removed “(3) Procedure for modifying definition

removed “(A) In general—Notice of any adjustment to the definition of a covered product and an explanation of the reasons therefor shall be published in the Federal Register and opportunity provided for public comment.

removed “(B) Consensus required—Any amendment to the definition of a covered product under this subsection must have consensus support, as reflected in—

removed “(i) the outcome of negotiations conducted in accordance with the subchapter III of chapter 5 of title 5, United States Code (commonly known as the “Negotiated Rulemaking Act of 1990”); or

removed “(ii) the Secretary’s receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered products, States, and efficiency advocates), as determined by the Secretary, which contains a recommended modified definition for a covered product.

removed “(4) Effect of a modified definition

removed “(A) In general—For any type or class of consumer product which becomes a covered product pursuant to this subsection—

removed “(i) the Secretary may establish test procedures for such type or class of covered product pursuant to section 323 and energy conservation standards pursuant to section 325(l);

removed “(ii) the Commission may prescribe labeling rules pursuant to section 324 if the Commission determines that labeling in accordance with that section is technologically and economically feasible and likely to assist consumers in making purchasing decisions;

removed “(iii) section 327 shall begin to apply to such type or class of covered product in accordance with section 325(ii)(1); and

removed “(iv) standards previously promulgated under section 325 shall not apply to such type or class of product.

removed “(B) Applicability—For any type or class of consumer product which ceases to be a covered product pursuant to this subsection, the provisions of this part shall no longer apply to the type or class of consumer product.”

removed “(d) Modifying definitions of covered equipment

removed “(1) In general—For any covered equipment for which a definition is provided in section 340, the Secretary may, by rule, unless prohibited herein, modify such definition in order to—

removed “(A) address significant changes in the product or the market occurring since the definition was established; and

removed “(B) better enable improvements in the energy efficiency of the equipment as part of an energy using system.

removed “(2) Antibacksliding exemption—Section 325(o)(1) shall not apply to adjustments to covered equipment definitions made pursuant to this subsection.

removed “(3) Procedure for modifying definition

removed “(A) In general—Notice of any adjustment to the definition of a type of covered equipment and an explanation of the reasons therefor shall be published in the Federal Register and opportunity provided for public comment.

removed “(B) Consensus required—Any amendment to the definition of a type of covered equipment under this subsection must have consensus support, as reflected in—

removed “(i) the outcome of negotiations conducted in accordance with the subchapter III of chapter 5 of title 5, United States Code (commonly known as the “Negotiated Rulemaking Act of 1990”); or

removed “(ii) the Secretary’s receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered equipment, States, and efficiency advocates), as determined by the Secretary, which contains a recommended modified definition for a type of covered equipment.

removed “(4) Effect of a modified definition

removed “(A) For any type or class of equipment which becomes covered equipment pursuant to this subsection—

removed “(i) the Secretary may establish test procedures for such type or class of covered equipment pursuant to section 343 and energy conservation standards pursuant to section 325(l);

removed “(ii) the Secretary may prescribe labeling rules pursuant to section 344 if the Secretary determines that labeling in accordance with that section is technologically and economically feasible and likely to assist purchasers in making purchasing decisions;

removed “(iii) section 327 shall begin to apply to such type or class of covered equipment in accordance with section 325(ii)(1); and

removed “(iv) standards previously promulgated under section 325, 342, or 346 shall not apply to such type or class of covered equipment.

removed “(B) For any type or class of equipment which ceases to be covered equipment pursuant to this subsection the provisions of this part shall no longer apply to the type or class of equipment.”

removed “(1) the references to sections 322, 323, 324, and 325 of this Act shall be considered as references to sections 341, 343, 344, and 342 of this Act, respectively;”

removed “(1) The Secretary shall provide an opportunity for public input prior to the issuance of a proposed rule, seeking information—

removed “(A) identifying and commenting on design options;

removed “(B) on the existence of and opportunities for voluntary nonregulatory actions; and

removed “(C) identifying significant subgroups of consumers and manufacturers that merit analysis.”

removed “(E) whether the technical and economic analytical assumptions, methods, and models used to justify the standard to be prescribed are—

removed “(i) justified; and

removed “(ii) available and accessible for public review, analysis, and use; and

removed “(F) the cumulative regulatory impacts on the manufacturers of the product, taking into account—

removed “(i) other government standards affecting energy use; and

removed “(ii) other energy conservation standards affecting the same manufacturers.”

removed “(4) Restriction on test procedure amendments

removed “(A) In general—Any proposed energy conservation standards rule shall be based on the final test procedure which shall be used to determine compliance, and the public comment period on the proposed standards shall conclude no sooner than 180 days after the date of publication of a final rule revising the test procedure.

removed “(B) Exception—The Secretary may propose or prescribe an amendment to the test procedures issued pursuant to section 323 for any type or class of covered product after the issuance of a notice of proposed rulemaking to prescribe an amended or new energy conservation standard for that type or class of covered product, but before the issuance of a final rule prescribing any such standard, if—

removed “(i) the amendments to the test procedure have consensus support achieved through a rulemaking conducted in accordance with the subchapter III of chapter 5 of title 5, United States Code (commonly known as the “Negotiated Rulemaking Act of 1990”); or

removed “(ii) the Secretary receives a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of the type or class of covered product, States, and efficiency advocates), as determined by the Secretary, which contains a recommendation that a supplemental notice of proposed rulemaking is not necessary for the type or class of covered product.”

removed “324B. WaterSense

removed “(a) WaterSense

removed “(1) In general—There is established within the Environmental Protection Agency a voluntary program, to be entitled “WaterSense”, to identify water efficient products, buildings, landscapes, facilities, processes, and services that sensibly—

removed “(A) reduce water use;

removed “(B) reduce the strain on public and community water systems and wastewater and stormwater infrastructure;

removed “(C) conserve energy used to pump, heat, transport, and treat water; and

removed “(D) preserve water resources for future generations, through voluntary labeling of, or other forms of communications about, products, buildings, landscapes, facilities, processes, and services while still meeting strict performance criteria.

removed “(2) Duties—The Administrator, coordinating as appropriate with the Secretary of Energy, shall—

removed “(A) establish—

removed “(i) a WaterSense label to be used for items meeting the certification criteria established in this section; and

removed “(ii) the procedure, including the methods and means, by which an item may be certified to display the WaterSense label;

removed “(B) conduct a public awareness education campaign regarding the WaterSense label;

removed “(C) preserve the integrity of the WaterSense label by—

removed “(i) establishing and maintaining feasible performance criteria so that products, buildings, landscapes, facilities, processes, and services labeled with the WaterSense label perform as well or better than less water-efficient counterparts;

removed “(ii) overseeing WaterSense certifications made by third parties;

removed “(iii) using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the purpose of determining standards compliance; and

removed “(iv) auditing the use of the WaterSense label in the marketplace and preventing cases of misuse; and

removed “(D) not more often than every six years, review and, if appropriate, update WaterSense criteria for the defined categories of water-efficient product, building, landscape, process, or service, including—

removed “(i) providing reasonable notice to interested parties and the public of any such changes, including effective dates, and an explanation of the changes;

removed “(ii) soliciting comments from interested parties and the public prior to any such changes;

removed “(iii) as appropriate, responding to comments submitted by interested parties and the public; and

removed “(iv) providing an appropriate transition time prior to the applicable effective date of any such changes, taking into account the timing necessary for the manufacture, marketing, training, and distribution of the specific water-efficient product, building, landscape, process, or service category being addressed.

removed “(b) Use of science—In carrying out this section, and, to the degree that an agency action is based on science, the Administrator shall use—

removed “(1) the best available peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and

removed “(2) data collected by accepted methods or best available methods (if the reliability of the method and the nature of the decision justify use of the data).

removed “(c) Distinction of authorities—In setting or maintaining standards for Energy Star pursuant to section 324A, and WaterSense under this section, the Secretary and Administrator shall coordinate to prevent duplicative or conflicting requirements among the respective programs.

removed “(d) Definitions—In this section:

removed “(1) Administrator—The term Administrator means the Administrator of the Environmental Protection Agency.

removed “(2) Feasible—The term feasible means feasible with the use of the best technology, treatment techniques, and other means that the Administrator finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration).

removed “(3) Secretary—The term Secretary means the Secretary of Energy.

removed “(4) Water-efficient product, building, landscape, process, or service—The term water-efficient product, building, landscape, process, or service means a product, building, landscape, process, or service for a residence or a commercial or institutional building, or its landscape, that is rated for water efficiency and performance, the covered categories of which are—

removed “(A) irrigation technologies and services;

removed “(B) point-of-use water treatment devices;

removed “(C) plumbing products;

removed “(D) reuse and recycling technologies;

removed “(E) landscaping and gardening products, including moisture control or water enhancing technologies;

removed “(F) xeriscaping and other landscape conversions that reduce water use; and

removed “(G) new water efficient homes certified under the WaterSense program.”

removed Section 319 of the Federal Power Act (16 U.S.C. 825q–1) is amended to read as follows:

removed “319. Office of Compliance Assistance and Public Participation

removed “(a) Establishment—There is established within the Commission an Office of Compliance Assistance and Public Participation (referred to in this section as the “Office”). The Office shall be headed by a Director.

removed “(b) Duties of Director

removed “(1) In general—The Director of the Office shall promote improved compliance with Commission rules and orders by—

removed “(A) making recommendations to the Commission regarding—

removed “(i) the protection of consumers;

removed “(ii) market integrity and support for the development of responsible market behavior;

removed “(iii) the application of Commission rules and orders in a manner that ensures that—

removed “(I) rates and charges for, or in connection with, the transmission or sale of electric energy subject to the jurisdiction of the Commission shall be just and reasonable and not unduly discriminatory or preferential; and

removed “(II) markets for such transmission and sale of electric energy are not impaired and consumers are not damaged; and

removed “(iv) the impact of existing and proposed Commission rules and orders on small entities, as defined in section 601 of title 5, United States Code (commonly known as the Regulatory Flexibility Act);

removed “(B) providing entities subject to regulation by the Commission the opportunity to obtain timely guidance for compliance with Commission rules and orders; and

removed “(C) providing information to the Commission and Congress to inform policy with respect to energy issues under the jurisdiction of the Commission.

removed “(2) Reports and guidance—The Director shall, as the Director determines appropriate, issue reports and guidance to the Commission and to entities subject to regulation by the Commission, regarding market practices, proposing improvements in Commission monitoring of market practices, and addressing potential improvements to both industry and Commission practices.

removed “(3) Outreach—The Director shall promote improved compliance with Commission rules and orders through outreach, publications, and, where appropriate, direct communication with entities regulated by the Commission.”

removed Section 203(a)(1)(B) of the Federal Power Act (16 U.S.C. 824b(a)(1)(B)) is amended by striking “such facilities or any part thereof” and inserting “such facilities, or any part thereof, of a value in excess of $10,000,000”.

removed Section 400EE of the Energy Policy and Conservation Act (42 U.S.C. 6374d) is amended—

removed “160. Inspector General review

removed “Each Inspector General”

removed The table of contents for the Powerplant and Industrial Fuel Use Act of 1978 (Public Law 95–620; 92 Stat. 3289) is amended by striking the item relating to section 742.

removed Amounts required for carrying out this Act, other than section 1201, shall be derived from amounts appropriated under authority provided by previously enacted law.