H.R. 8 — what changed

added “(8) Improving the conversion, use, and storage of carbon dioxide produced from fossil fuels.”

added Part II of the Federal Power Act (16 U.S.C. 824 et seq.), as amended by section 1104, is further amended by adding after section 215A the following new section:

added “215B. Reliability and performance assurance in Regional Transmission Organizations

added “(a) Existing capacity markets

added “(1) Analysis concerning capacity market design—Not later than 180 days after the date of enactment of this section, each Regional Transmission Organization, and each Independent System Operator, that operates a capacity market, or a comparable market intended to ensure the procurement and availability of sufficient future electric energy resources, that is subject to the jurisdiction of the Commission, shall provide to the Commission an analysis of how the structure of such market meets the following criteria:

added “(A) The structure of such market utilizes competitive market forces to the extent practicable in procuring capacity resources.

added “(B) Consistent with subparagraph (A), the structure of such market includes resource-neutral performance criteria that ensure the procurement of sufficient capacity from physical generation facilities that have reliability attributes that include—

added “(i)

added “(I) possession of adequate fuel on-site to enable operation for an extended period of time;

added “(II) the operational ability to generate electric energy from more than one fuel source; or

added “(III) fuel certainty, through firm contractual obligations, that ensures adequate fuel supply to enable operation, for an extended period of time, for the duration of an emergency or severe weather conditions;

added “(ii) operational characteristics that enable the generation of electric energy for the duration of an emergency or severe weather conditions; and

added “(iii) unless procured through other markets or procurement mechanisms, essential reliability services, including frequency support and regulation services.

added “(2) Commission evaluation and report—Not later than 1 year after the date of enactment of this section, the Commission shall make publicly available, and submit to the Committee on Energy and Commerce in the House of Representatives and the Committee on Energy and Natural Resources in the Senate, a report containing—

added “(A) evaluation of whether the structure of each market addressed in an analysis submitted pursuant to paragraph (1) meets the criteria under such paragraph, based on the analysis; and

added “(B) to the extent a market so addressed does not meet such criteria, any recommendations with respect to the procurement of sufficient capacity, as described in paragraph (1)(B).

added “(b) Commission evaluation and report for new schedules

added “(1) Inclusion of analysis in filing—Except as provided in subsection (a)(2), whenever a Regional Transmission Organization or Independent System Operator files a new schedule under section 205 to establish a market described in subsection (a)(1), or that substantially modifies the capacity market design of a market described in subsection (a)(1), the Regional Transmission Organization or Independent System Operator shall include in any such filing the analysis required by subsection (a)(1).

added “(2) Evaluation and report—Not later than 180 days of receiving an analysis under paragraph (1), the Commission shall make publicly available, and submit to the Committee on Energy and Commerce in the House of Representatives and the Committee on Energy and Natural Resources in the Senate, a report containing—

added “(A) an evaluation of whether the structure of the market addressed in the analysis meets the criteria under subsection (a)(1), based on the analysis; and

added “(B) to the extent the market does not meet such criteria, any recommendations with respect to the procurement of sufficient capacity, as described in subsection (a)(1)(B).

added “(c) Effect on existing approvals—Nothing in this section shall be considered to—

added “(1) require a modification of the Commission’s approval of the capacity market design approved pursuant to docket numbers ER15–623–000, EL15–29–000, EL14–52–000, and ER14–2419–000; or

added “(2) provide grounds for the Commission to grant rehearing or otherwise modify orders issued in those dockets.”

added “(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—

added “(1) private investment; and

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

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

added “34. Hydropower licensing and process improvements

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

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

added “(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.

added “(b) Designation as lead agency

added “(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.).

added “(2) Other agencies and Indian tribes

added “(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).

added “(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.

added “(C) Notification

added “(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.

added “(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.

added “(D) Issue Identification and Resolution

added “(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).

added “(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.

added “(c) Schedule

added “(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.

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

added “(A) includes deadlines for actions by—

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

added “(ii) the applicant;

added “(iii) the Commission; and

added “(iv) other participants in a proceeding;

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

added “(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);

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

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

added “(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.).

added “(d) Transmission of Final Schedule

added “(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).

added “(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.

added “(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).

added “(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).

added “(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.

added “(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).

added “(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).”

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

added “(b) Judicial review

added “(1) In general—Any party”

added “(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.”

added 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:

added “35. Licensing study improvements

added “(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—

added “(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;

added “(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

added “(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.

added “(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.

added “(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.”

added 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:

added “36. Closed-loop pumped storage projects

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

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

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

added “(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.

added “(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).

added “(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—

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

added “(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.

added “(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—

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

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

added 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:

added “37. License amendment improvements

added “(a) Qualifying project upgrades

added “(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.

added “(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.

added “(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.

added “(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—

added “(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

added “(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).

added “(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.

added “(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—

added “(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

added “(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—

added “(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;

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

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

added “(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.

added “(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.

added “(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—

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

added “(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.

added “(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.

added “(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.

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

added “(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.

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

added “(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;

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

added “(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;

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

added “(v) proposes to implement—

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

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

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

added “(b) Amendment approval processes

added “(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.

added “(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.

added “(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.”

added 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:

added “38. Promoting hydropower development at existing nonpowered dams

added “(a) Exemptions for qualifying facilities

added “(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.

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

added “(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;

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

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

added “(3) Exemption conditions

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

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

added “(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.

added “(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.

added “(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.

added “(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.

added “(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.

added “(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.

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

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

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

added “(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;

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

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

added “(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

added “(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.

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

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

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

added “(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;

added “(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

added “(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.”

added Congress finds the following:

added 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—

added “(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.”

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

added “(a) Energy performance requirement for federal buildings

added “(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:

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

added “(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.

added “(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).

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

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

added “(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.”

added “(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.”

added “(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”.”

added “(3) Energy and water evaluations and commissioning

added “(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.

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

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

added “(ii)

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

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

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

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

added “(v)

added “(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—

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

added “(bb) the date—

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

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

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

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

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

added “(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

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

added “(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.”

added “(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.”

added “(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.”

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

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

added “(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—

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

added “(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

added “(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;

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

added “(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

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

added “(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

added “(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.

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

added “(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.”

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

added “(D) Certification for green buildings

added “(i) In general”

added “(ii) Considerations—In identifying”

added “(iii) Study—At least once”

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

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

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

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

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

added “(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.”

added 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:

added “(e) No warranty

added “(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—

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

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

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

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

added 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”.

added 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.

added “(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.”

added “(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.

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

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

added “(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).

added “(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.

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

added “304. Updating State building energy efficiency codes

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

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

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

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

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

added “(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.

added “(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—

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

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

added “(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).

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

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

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

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

added “(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.

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

added “(1) Requirement

added “(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—

added “(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

added “(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.

added “(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.

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

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

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

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

added “(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

added “(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.

added “(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—

added “(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

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

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

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

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

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

added “(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.

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

added “(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.

added “(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.

added “(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).

added “(4) Annual reports by Secretary

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

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

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

added “(iii) implementation of this section; and

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

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

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

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

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

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

added “(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—

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

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

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

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

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

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

added “(D) energy simulation models;

added “(E) building demonstrations;

added “(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

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

added “(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.

added “(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).

added “(f) Federal support

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

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

added “(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.

added “(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.

added “(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).

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

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

added “(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—

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

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

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

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

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

added “(h) Studies

added “(1) GAO study

added “(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—

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

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

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

added “(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.

added “(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—

added “(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;

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

added “(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.

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

added “(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

added “(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.

added “(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.).

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

added “(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

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

added “307. Support for model building energy codes

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

added “(b) Targets

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

added “(2) Targets

added “(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.

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

added “(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.

added “(D) Specific years

added “(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—

added “(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

added “(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)).

added “(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.

added “(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.

added “(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.

added “(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—

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

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

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

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

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

added “(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.

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

added “(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.

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

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

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

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

added “(D) energy simulation models;

added “(E) building demonstrations;

added “(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;

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

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

added “(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.

added “(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.

added “(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).

added “(d) Amendment proposals

added “(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).

added “(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.

added “(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.

added “(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.

added “(g) Determination

added “(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—

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

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

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

added “(2) Codes or standards not meeting criteria

added “(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).

added “(B) Incorporation of changes

added “(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.

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

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

added “(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;

added “(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

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

added “(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.”

added “(c) Modifying definitions of covered products

added “(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—

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

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

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

added “(3) Procedure for modifying definition

added “(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.

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

added “(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

added “(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.

added “(4) Effect of a modified definition

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

added “(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);

added “(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;

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

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

added “(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.”

added “(d) Modifying definitions of covered equipment

added “(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—

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

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

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

added “(3) Procedure for modifying definition

added “(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.

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

added “(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

added “(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.

added “(4) Effect of a modified definition

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

added “(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);

added “(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;

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

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

added “(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.”

added “(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;”

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

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

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

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

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

added “(i) justified; and

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

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

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

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

added “(4) Restriction on test procedure amendments

added “(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.

added “(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—

added “(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

added “(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.”

added “324B. WaterSense

added “(a) WaterSense

added “(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—

added “(A) reduce water use;

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

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

added “(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.

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

added “(A) establish—

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

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

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

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

added “(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;

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

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

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

added “(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—

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

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

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

added “(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.

added “(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—

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

added “(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).

added “(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.

added “(d) Definitions—In this section:

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

added “(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).

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

added “(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—

added “(A) irrigation technologies and services;

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

added “(C) plumbing products;

added “(D) reuse and recycling technologies;

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

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

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

added 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”.

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

added “160. Inspector General review

added “Each Inspector General”

added 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.

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