H.R. 4447 — what changed

added “(14) Model building energy code—The term model building energy code means a voluntary building energy code or standard developed and updated by interested persons, such as the code or standard developed by—

added “(A) the Council of American Building Officials, or its legal successor, International Code Council, Inc.;

added “(B) the American Society of Heating, Refrigerating, and Air-Conditioning Engineers; or

added “(C) other appropriate organizations.”

added “(17) IECC—The term IECC means the International Energy Conservation Code.

added “(18) 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 “304. Updating State building energy efficiency codes

added “(a) Voluntary codes and standards—Notwithstanding any other provision of this section, any model building code or standard established under section 304 shall not be binding on a State, local government, or Indian tribe as a matter of Federal law.

added “(b) Action by Secretary—The Secretary shall—

added “(1) encourage and support the adoption of building energy codes by States, Indian tribes, and, as appropriate, by local governments that meet or exceed the model building energy codes, or achieve equivalent or greater energy savings; and

added “(2) support full compliance with the State and local codes.

added “(c) 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 2 years after the date of publication of a revision to a model building energy code, each State or Indian tribe shall certify whether 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 demonstration of whether the energy savings for the code provisions that are in effect throughout the territory of the State or Indian tribe meet or exceed the energy savings of the updated model building energy code.

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)(E), each State or Indian tribe shall, not later than 2 years after the specified date, certify whether 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); and

added “(B) if the determination is positive, validate the certification.

added “(d) 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 (c), each State and Indian tribe shall certify whether the State and Indian tribe, respectively, has—

added “(i) achieved full compliance under paragraph (3) with the applicable certified State and 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 and 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, respectively.

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

added “(A) independent 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 the Clean Economy Jobs and Innovation Act, 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; and

added “(B) if the determination is positive, validate the certification.

added “(e) 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 (c) or (d) by the applicable deadline shall submit to the Secretary a report describing—

added “(A) the status of the State or Indian tribe with respect to meeting the requirements and submitting the certification; and

added “(B) a plan for meeting the requirements and submitting the certification.

added “(2) Federal support—For any State or Indian tribe for which the Secretary has not validated a certification by a deadline under subsection (c) or (d), the lack of the certification may be a consideration for Federal support authorized under this section for code adoption and compliance activities.

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

added “(4) Reports by Secretary

added “(A) In general—Not later than December 31, 2021, and not less frequently than once every 3 years thereafter, the Secretary shall submit to Congress and publish a report describing—

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 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 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 “(f) Technical assistance to States and Indian tribes—The Secretary shall provide technical assistance to States and Indian tribes to implement the goals and requirements of this section, including procedures and technical analysis for States and Indian tribes—

added “(1) to improve and implement State residential and commercial building energy codes;

added “(2) to demonstrate that the code provisions of the States and Indian tribes achieve equivalent or greater energy savings than the model building energy codes and targets;

added “(3) to document the rate of compliance with a building energy code; and

added “(4) to otherwise promote the design and construction of energy- and water-efficient buildings.

added “(g) Availability of incentive funding

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

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

added “(B) to improve and 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; and

added “(C) to promote building energy and water efficiency through the use of the codes and standards.

added “(2) Additional funding—Additional funding shall be provided under this subsection for implementation of a plan to achieve and document full compliance with residential and commercial building energy codes under subsection (d)—

added “(A) to a State or Indian tribe for which the Secretary has validated a certification under subsection (c) or (d); and

added “(B) in a State or Indian tribe that is not eligible under subparagraph (A), to a local government that is eligible under this section.

added “(3) Training—Of the amounts made available under this subsection, the State or Indian tribe may use amounts required, but not to exceed $750,000 for a State, to train State and local building code officials to implement and enforce codes described in paragraph (2).

added “(4) Local governments—States may share grants under this subsection with local governments that implement and enforce the codes.

added “(h) Stretch codes and advanced standards

added “(1) In general—The Secretary shall provide technical and financial support for the development of stretch codes and advanced standards for residential and commercial buildings for use as—

added “(A) an option for adoption as a building energy code by local, tribal, or State governments; and

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

added “(2) Targets—The stretch codes and advanced standards 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, at least 3 to 6 years in advance of the target years.

added “(i) Studies—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, code and standards developers, and other stakeholders, shall undertake a study of the feasibility, impact, economics, and merit of—

added “(1) code and standards 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 “(2) code procedures to incorporate measured lifetimes, not just first-year energy use, in trade-offs and performance calculations;

added “(3) legislative options for increasing energy savings from building energy codes and standards, including additional incentives for effective State and local action, and verification of compliance with and enforcement of a code or standard other than by a State or local government; and

added “(4) code and standards improvements that consider energy efficiency and water efficiency and, to the maximum extent practicable, consider energy efficiency and water efficiency in an integrated manner.

added “(j) 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 “(k) Authorization of appropriations—There is authorized to be appropriated to carry out this section and section 307 $200,000,000, to remain available until expended.”

added “307. Support for model building energy codes

added “(a) In general—The Secretary shall support the updating of model building energy codes.

added “(b) Targets

added “(1) In general—The Secretary shall support the updating of the model building energy codes to enable the achievement of aggregate energy savings targets established under paragraph (2).

added “(2) Targets

added “(A) In general—The Secretary shall work with State, Indian tribes, local governments, code and standards developers (such as the entities described in section 303(14)), and other interested parties to support the updating of model building energy codes by establishing 1 or more national aggregate energy savings targets to achieve the purposes of this section.

added “(B) Separate targets—The Secretary shall establish separate targets 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) Code cycles—The targets established under subparagraph (A) shall align with the respective code development cycles determined by the model building energy code-setting and standards development organizations described in section 303(14).

added “(E) Specific years

added “(i) In general—Targets for specific years shall be established and revised by the Secretary through rulemaking and coordinated with code and standards developers (such as the entities described in section 303(14)) at a level that—

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

added “(II) is higher than the preceding target;

added “(III) promotes the achievement of commercial and residential high-performance buildings (as defined in section 401 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061)) through high performance energy efficiency; and

added “(IV) takes into consideration the variations in climate zones used in model building energy codes.

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 “(iv) 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).

added “(3) Appliance standards and other factors affecting building energy use—In establishing building code 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;

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

added “(E) other technologies, practices, and building systems that the Secretary considers appropriate regarding building plug load and other energy uses.

added “(4) Economic considerations—In establishing and revising building code 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, including a return on investment analysis.

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

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

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

added “(A) evaluating code or standards proposals or revisions;

added “(B) building energy and water analysis and design tools;

added “(C) building demonstrations;

added “(D) 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 “(E) performance-based standards;

added “(F) evaluating economic considerations under subsection (b)(4); and

added “(G) developing model building energy codes by Indian tribes in accordance with tribal law.

added “(3) Amendment proposals—The Secretary may submit timely model building energy code amendment proposals to the model building energy code-setting and standards development organizations, with supporting evidence, sufficient to enable the model building energy codes to meet the targets established under subsection (b)(2).

added “(4) 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 “(d) 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 proposed to be revised, the Secretary shall make a preliminary determination, by not later than 90 days after the date of receipt of the proposed revision, and a final determination by not later than 15 months after the date of publication of the revision, regarding whether the revision will—

added “(A) improve energy efficiency in buildings, as compared to the existing model building energy code; and

added “(B) meet the applicable targets under subsection (b)(2).

added “(2) Codes or standards not meeting targets

added “(A) Preliminary determination by Secretary—If the Secretary makes a preliminary determination under paragraph (1)(B) that a code or standard does not meet an applicable target under subsection (b)(2), the Secretary shall contemporaneously provide to the developer of the model building energy code or standard not fewer than 2 proposed changes that would result in a model building energy code that meets the applicable target, together with supporting evidence, taking into consideration—

added “(i) whether the modified code is technically feasible and lifecycle cost effective;

added “(ii) available appliances, technologies, materials, and construction practices; and

added “(iii) the economic considerations under subsection (b)(4).

added “(B) Determination or election by developer—Not later than 270 days after the date of receipt of proposed changes of the Secretary under subparagraph (A), a developer shall—

added “(i) determine whether—

added “(I) to publish a new revised code accepting the proposed changes; or

added “(II) to reject the proposed changes; or

added “(ii) if the developer elects not to make a determination under clause (i), publish a notice of that election, together with the proposed changes.

added “(C) Final determination by Secretary

added “(i) In general—A final determination by the Secretary shall be made on the model building energy code or standard, as modified by the changes proposed by the Secretary under subparagraph (A).

added “(ii) Additional determinations—If a model building energy code or standards developer makes an election pursuant to subparagraph (B)(ii), the Secretary shall make the following final determinations for purposes of this subsection:

added “(I) A final determination regarding whether the code or standard of the developer, absent any changes proposed by the Secretary under subparagraph (A), will—

added “(aa) improve energy efficiency in buildings, as compared to the existing model building energy code; and

added “(bb) meet the applicable targets under subsection (b)(2).

added “(II) A final determination regarding whether the code or standard of the developer, as modified by the changes proposed by the Secretary under subparagraph (A), would—

added “(aa) improve energy efficiency in buildings, as compared to the existing model building energy code; and

added “(bb) meet the applicable targets under subsection (b)(2).

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

added “(1) publish notice of targets 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; and

added “(2) provide an opportunity for public comment on targets and supporting analysis and determinations under this section.”

added “309. Cost-effective codes implementation for efficiency and resilience

added “(a) Definitions—In this section:

added “(1) Eligible entity—The term eligible entity means—

added “(A) a relevant State agency, as determined by the Secretary, such as a State building code agency or State energy office; and

added “(B) a partnership.

added “(2) Partnership—The term partnership means a partnership between an eligible entity described in paragraph (1)(A) and 1 or more of the following entities:

added “(A) Local building code agencies.

added “(B) Codes and standards developers.

added “(C) Associations of builders and design and construction professionals.

added “(D) Local and utility energy efficiency programs.

added “(E) Consumer, energy efficiency, and environmental advocates.

added “(F) Other entities, as determined by the Secretary.

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

added “(b) Establishment

added “(1) In general—The Secretary shall establish within the Building Technologies Office of the Department of Energy a program under which the Secretary shall award grants on a competitive basis to eligible entities to enable sustained cost-effective implementation of updated building energy codes.

added “(2) Updated building energy code—An update to a building energy code under this section shall include any update made available after the existing building energy code, even if it is not the most recent updated code available.

added “(c) Criteria; priority—In awarding grants under subsection (b), the Secretary shall—

added “(1) consider—

added “(A) prospective energy savings and plans to measure the savings;

added “(B) the long-term sustainability of those measures and savings;

added “(C) prospective benefits, and plans to assess the benefits, including benefits relating to—

added “(i) resilience and peak load reduction;

added “(ii) occupant safety and health; and

added “(iii) environmental performance;

added “(D) the demonstrated capacity of the eligible entity to carry out the proposed project; and

added “(E) the need of the eligible entity for assistance; and

added “(2) give priority to applications from partnerships.

added “(d) Eligible activities

added “(1) In general—An eligible entity awarded a grant under this section may use the grant funds—

added “(A) to create or enable State or regional partnerships to provide training and materials to—

added “(i) builders, contractors and subcontractors, architects, and other design and construction professionals, relating to meeting updated building energy codes in a cost-effective manner; and

added “(ii) building code officials, relating to improving implementation of and compliance with building energy codes;

added “(B) to collect and disseminate quantitative data on construction and codes implementation, including code pathways, performance metrics, and technologies used;

added “(C) to develop and implement a plan for highly effective codes implementation, including measuring compliance;

added “(D) to address various implementation needs in rural, suburban, and urban areas;

added “(E) to implement updates in energy codes for—

added “(i) new residential and commercial buildings (including multifamily buildings); and

added “(ii) additions and alterations to existing residential and commercial buildings (including multifamily buildings); and

added “(F) to make an addition or alteration to, or to install, replace, or provide maintenance to, an air filtration and purification system of an HVAC system to meet exigencies related to the airborne epidemic transmissions of SARS–4CoV–2 or coronavirus disease 2019 (COVID–19).

added “(2) Related topics—Training and materials provided using a grant under this section may include information on the relationship between energy codes and—

added “(A) cost-effective, high-performance, and zero-net-energy buildings;

added “(B) improving resilience, health, and safety;

added “(C) water savings and other environmental impacts; and

added “(D) the economic impacts of energy codes.

added “(e) Prevailing wages—All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40.

added “(f) Authorization of appropriations—There are authorized to be appropriated to the Secretary to carry out this section—

added “(1) $25,000,000 for each of fiscal years 2021 through 2030; and

added “(2) for fiscal year 2031 and each fiscal year thereafter, such sums as are necessary.”

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

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

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

added “(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));

added “(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)));

added “(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;

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

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

added “(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))).

added “(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.

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

added “(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

added “(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.”

added The Director of the National Institute of Standards and Technology shall—

added The purposes of this part are—

added “(E) water and wastewater treatment facilities, including systems that treat municipal, industrial, and agricultural waste; and”

added “454. Industrial research and assessment centers

added “(a) Definitions—In this section:

added “(1) Energy service provider—The term energy service provider means—

added “(A) any business providing technology or services to improve the energy efficiency, water efficiency, power factor, or load management of a manufacturing site or other industrial process in an energy-intensive industry (as defined in section 452(a)); and

added “(B) any utility operating under a utility energy service project.

added “(2) Industrial research and assessment center—The term industrial research and assessment center means—

added “(A) an institution of higher education-based industrial research and assessment center that is funded by the Secretary under subsection (b); and

added “(B) an industrial research and assessment center at a trade school, community college, or union training program that is funded by the Secretary under subsection (f).

added “(b) Institution of higher education-Based industrial research and assessment centers

added “(1) In general—The Secretary shall provide funding to institution of higher education-based industrial research and assessment centers.

added “(2) Purpose—The purpose of each institution of higher education-based industrial research and assessment center shall be—

added “(A) to identify opportunities for optimizing energy efficiency and environmental performance, including implementation of—

added “(i) smart manufacturing;

added “(ii) energy management systems;

added “(iii) sustainable manufacturing; and

added “(iv) information technology advancements for supply chain analysis, logistics, system monitoring, industrial and manufacturing processes, and other purposes;

added “(B) to promote applications of emerging concepts and technologies in small- and medium-sized manufacturers (including water and wastewater treatment facilities and federally owned manufacturing facilities);

added “(C) to promote research and development for the use of alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries;

added “(D) to coordinate with appropriate Federal and State research offices;

added “(E) to provide a clearinghouse for industrial process and energy efficiency technical assistance resources; and

added “(F) to coordinate with State-accredited technical training centers and community colleges, while ensuring appropriate services to all regions of the United States.

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

added “(1) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology;

added “(2) coordinate with the Federal Energy Management Program and the Building Technologies Program of the Department of Energy to provide building assessment services to manufacturers;

added “(3) increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise, technologies, and research and development capabilities of the National Laboratories for national industrial and manufacturing needs;

added “(4) increase partnerships with energy service providers and technology providers to leverage private sector expertise and accelerate deployment of new and existing technologies and processes for energy efficiency, power factor, and load management;

added “(5) identify opportunities for reducing greenhouse gas emissions and other air emissions; and

added “(6) promote sustainable manufacturing practices for small- and medium-sized manufacturers.

added “(d) Outreach—The Secretary shall provide funding for—

added “(1) outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services available; and

added “(2) coordination activities by each industrial research and assessment center to leverage efforts with—

added “(A) Federal and State efforts;

added “(B) the efforts of utilities and energy service providers;

added “(C) the efforts of regional energy efficiency organizations; and

added “(D) the efforts of other industrial research and assessment centers.

added “(e) Centers of Excellence

added “(1) Establishment—The Secretary shall establish a Center of Excellence at not more than 5 of the highest-performing industrial research and assessment centers, as determined by the Secretary.

added “(2) Duties—A Center of Excellence shall coordinate with and advise the industrial research and assessment centers located in the region of the Center of Excellence, including—

added “(A) by mentoring new directors and staff of the industrial research and assessment centers with respect to—

added “(i) the availability of resources; and

added “(ii) best practices for carrying out assessments, including through the participation of the staff of the Center of Excellence in assessments carried out by new industrial research and assessment centers;

added “(B) by providing training to staff and students at the industrial research and assessment centers on new technologies, practices, and tools to expand the scope and impact of the assessments carried out by the centers;

added “(C) by assisting the industrial research and assessment centers with specialized technical opportunities, including by providing a clearinghouse of available expertise and tools to assist the centers and clients of the centers in assessing and implementing those opportunities;

added “(D) by identifying and coordinating with regional, State, local, and utility energy efficiency programs for the purpose of facilitating efforts by industrial research and assessment centers to connect industrial facilities receiving assessments from those centers with regional, State, local, and utility energy efficiency programs that could aid the industrial facilities in implementing any recommendations resulting from the assessments;

added “(E) by facilitating coordination between the industrial research and assessment centers and other Federal programs described in paragraphs (1) through (3) of subsection (c); and

added “(F) by coordinating the outreach activities of the industrial research and assessment centers under subsection (d)(1).

added “(3) Funding—Subject to the availability of appropriations, for each fiscal year, out of any amounts made available to carry out this section under subsection (i), the Secretary shall use not less than $500,000 to support each Center of Excellence.

added “(f) Expansion of industrial research and assessment centers

added “(1) In general—The Secretary shall provide funding to establish additional industrial research and assessment centers at trade schools, community colleges, and union training programs.

added “(2) Purpose

added “(A) In general—Subject to subparagraph (B), to the maximum extent practicable, an industrial research and assessment center established under paragraph (1) shall have the same purpose as an institution of higher education-based industrial research center that is funded by the Secretary under subsection (b)(1).

added “(B) Consideration of capabilities—In evaluating or establishing the purpose of an industrial research and assessment center established under paragraph (1), the Secretary shall take into consideration the varying capabilities of trade schools, community colleges, and union training programs.

added “(g) Workforce training

added “(1) Internships—The Secretary shall pay the Federal share of associated internship programs under which students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers.

added “(2) Apprenticeships—The Secretary shall pay the Federal share of associated apprenticeship programs under which—

added “(A) students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers; and

added “(B) employees of facilities that have received an assessment from an industrial research and assessment center work with or for an industrial research and assessment center to gain knowledge on engineering practices and processes to improve productivity and energy savings.

added “(3) Federal share—The Federal share of the cost of carrying out internship programs described in paragraph (1) and apprenticeship programs described in paragraph (2) shall be 50 percent.

added “(h) 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 developed by the industrial research and assessment centers.

added “(i) Funding—There is authorized to be appropriated to the Secretary to carry out this section $30,000,000 for each fiscal year, to remain available until expended.”

added “376. Sustainable manufacturing initiative

added “(a) In general—As part of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Secretary, on the request of a manufacturer, shall carry out onsite technical assessments to identify opportunities for—

added “(1) maximizing the energy efficiency of industrial processes and cross-cutting systems;

added “(2) preventing pollution and minimizing waste;

added “(3) improving efficient use of water in manufacturing processes;

added “(4) conserving natural resources; and

added “(5) achieving such other goals as the Secretary determines to be appropriate.

added “(b) Coordination—To implement any recommendations resulting from an onsite technical assessment carried out under subsection (a) and to accelerate the adoption of new and existing technologies and processes that improve energy efficiency, the Secretary shall coordinate with—

added “(1) the Advanced Manufacturing Office of the Department of Energy;

added “(2) the Building Technologies Office of the Department of Energy;

added “(3) the Federal Energy Management Program of the Department of Energy; and

added “(4) the private sector and other appropriate agencies, including the National Institute of Standards and Technology.

added “(c) Research and development program for sustainable manufacturing and industrial technologies and processes—As part of the industrial efficiency programs of the Department of Energy, the Secretary shall carry out a joint industry-government partnership program to research, develop, and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants, reduce pollution, and conserve natural resources.”

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

added “(a) Definitions—In this section:

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

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

added “(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 at or for federally owned and operated facilities, taking into consideration the performance goals established under subsection (d).

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

added “(1) advanced metering infrastructure;

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

added “(3) advanced power management tools;

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

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

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

added “(d) Performance goals

added “(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 at or for federally owned and operated facilities.

added “(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—

added “(A) energy savings performance contracting; and

added “(B) utility energy services contracting.

added “(e) Reports

added “(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.

added “(2) OMB government efficiency reports and scorecards—Effective beginning not later than October 1, 2021, 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.”

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

added “(c) Stakeholder involvement—The Secretary and the Administrator shall carry out subsection (b) in collaboration with information technology industry and other key stakeholders, with the goal of producing results that accurately reflect the most relevant and useful information. In such collaboration, the Secretary and the Administrator shall pay particular attention to organizations that—

added “(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;

added “(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;

added “(3) follow—

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

added “(B) accredited standards development processes; and

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

added “(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.

added “(e) Study—The Secretary, in collaboration with the Administrator, shall, not later than 4 years after the date of enactment of the Clean Economy Jobs and Innovation Act, make available to the public an update to the report of the Lawrence Berkeley National Laboratory entitled “United States Data Center Energy Usage Report” and dated June, 2016 (prepared as 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 includes—

added “(1) a comparison and gap analysis of the estimates and projections contained in the report with new data regarding the period from 2015 through 2020;

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

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

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

added “(5) updated projections and recommendations for best practices through fiscal year 2025.

added “(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 federally owned and operated 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, by energy practitioners certified pursuant to such program.

added “(g) Open data initiative—The Secretary, in collaboration with key stakeholders and the Office of Management and Budget, shall establish an open data initiative relating to energy usage at federally owned and operated data centers, with the purpose of making 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.

added “(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.

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

added “(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.”

added Section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)) is amended—

added “(1) In general—Based on an ongoing review, the Federal Director shall identify and shall provide to the Secretary pursuant to section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)) a list of those certification systems that the Director identifies as the most likely to encourage a comprehensive and environmentally sound approach to certification of green buildings.”

added “(A) an ongoing review provided to the Secretary pursuant to section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), which shall—

added “(i) be carried out by the Federal Director to compare and evaluate standards; and

added “(ii) allow any developer or administrator of a rating system or certification system to be included in the review;”

added “(G) a finding that, for all credits addressing the sourcing of grown, harvested, or mined materials, the system rewards the use of products that have obtained certifications of responsible sourcing, such as certifications provided by the Sustainable Forestry Initiative, the Forest Stewardship Council, the American Tree Farm System, or the Programme for the Endorsement of Forest Certification; and

added “(H) a finding that the system incorporates life-cycle assessment as a credit pathway.”

added “(h) Federal energy management program

added “(1) In general—The Secretary shall carry out a program, to be known as the “Federal Energy Management Program” (referred to in this subsection as the “Program”), to facilitate the implementation by the Federal Government of cost-effective energy and water management and energy-related investment practices—

added “(A) to coordinate and strengthen Federal energy and water resilience; and

added “(B) to promote environmental stewardship.

added “(2) Federal Director—The Secretary shall appoint an individual to serve as the director of the Program (referred to in this subsection as the “Federal Director”), which shall be a career position in the Senior Executive service, to administer the Program.

added “(3) Program activities

added “(A) Strategic planning and technical assistance—In administering the Program, the Federal Director shall—

added “(i) provide technical assistance and project implementation support and guidance to agencies to identify, implement, procure, and track energy and water conservation measures required under this Act and under other provisions of law;

added “(ii) in coordination with the Administrator of the General Services Administration, establish appropriate procedures, methods, and best practices for use by agencies to select, monitor, and terminate contracts entered into pursuant to a utility incentive program under section 546(c) with utilities;

added “(iii) carry out the responsibilities of the Secretary under section 801, as determined appropriate by the Secretary;

added “(iv) establish and maintain internet-based information resources and project tracking systems and tools for energy and water management;

added “(v) coordinate comprehensive and strategic approaches to energy and water resilience planning for agencies; and

added “(vi) establish a recognition program for Federal achievement in energy and water management, energy-related investment practices, environmental stewardship, and other relevant areas, through events such as individual recognition award ceremonies and public announcements.

added “(B) Energy and water management and reporting—In administering the Program, the Federal Director shall—

added “(i) track and report on the progress of agencies in meeting the requirements of the agency under this section;

added “(ii) make publicly available agency performance data required under—

added “(I) this section and sections 544, 546, 547, and 548; and

added “(II) section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852);

added “(iii)

added “(I) collect energy and water use and consumption data from each agency; and

added “(II) based on that data, submit to each agency a report that will facilitate the energy and water management, energy-related investment practices, and environmental stewardship of the agency in support of Federal goals under this Act and under other provisions of law;

added “(iv) carry out the responsibilities of the Secretary under section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834);

added “(v) in consultation with the Administrator of the General Services Administration, acting through the head of the Office of High-Performance Green Buildings, establish and implement sustainable design principles for Federal facilities; and

added “(vi) designate products that meet the highest energy conservation standards for categories not covered under the Energy Star program established under section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a).

added “(C) Federal interagency coordination—In administering the Program, the Federal Director shall—

added “(i) develop and implement accredited training consistent with existing Federal programs and activities—

added “(I) relating to energy and water use, management, and resilience in Federal facilities, energy-related investment practices, and environmental stewardship; and

added “(II) that includes in-person training, internet-based programs, and national in-person training events;

added “(ii) carry out the functions of the Secretary with respect to the Interagency Energy Management Task Force under section 547; and

added “(iii) report on the implementation of the priorities of the President, including Executive orders, relating to energy and water use in Federal facilities, in coordination with—

added “(I) the Office of Management and Budget;

added “(II) the Council on Environmental Quality; and

added “(III) any other entity, as considered necessary by the Federal Director.

added “(D) Facility and fleet optimization—In administering the Program, the Federal Director shall develop guidance, supply assistance to, and track the progress of agencies—

added “(i) in conducting portfolio-wide facility energy and water resilience planning and project integration;

added “(ii) in building new construction and major renovations to meet the sustainable design and energy and water performance standards required under this section;

added “(iii) in developing guidelines for—

added “(I) facility commissioning; and

added “(II) facility operations and maintenance; and

added “(iv) in coordination with the Administrator of the General Services Administration, in meeting statutory and agency goals for Federal fleet vehicles.

added “(4) Management council—The Federal Director shall establish a management council to advise the Federal Director that shall—

added “(A) convene not less frequently than once every quarter; and

added “(B) consist of representatives from—

added “(i) the Council on Environmental Quality;

added “(ii) the Office of Management and Budget; and

added “(iii) the Office of Federal High-Performance Green Buildings in the General Services Administration.

added “(5) Authorization of appropriations—There is authorized to be appropriated to the Secretary to carry out this subsection $36,000,000 for each of fiscal years 2021 through 2025.”

added “(19) Major renovation—The term major renovation means a modification of the energy systems of a building that is sufficiently extensive to ensure that the entire building can achieve compliance with applicable energy standards for new buildings, as established by the Secretary.”

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 Clean Economy Jobs and Innovation Act, the Secretary shall establish, by regulation, revised Federal building energy efficiency performance standards that require that—

added “(I) subject to clause (ii), new Federal buildings and Federal buildings with major renovations—

added “(aa) meet or exceed the most recently published version of the International Energy Conservation Code (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 Clean Economy Jobs and Innovation Act; and

added “(bb) meet or exceed the energy provisions of the State and local building codes applicable to the building if the codes are more stringent than the most recently published version of the International Energy Conservation Code or ASHRAE Standard 90.1 as of the date of enactment of the Clean Economy Jobs and Innovation Act, 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 shall be designed to achieve energy consumption levels that are not less than 30 percent below the levels established in the most recently published version of the International Energy Conservation Code or the ASHRAE Standard, as of the date of enactment of the Clean Economy Jobs and Innovation Act, as appropriate; 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) Exception—Clause (i)(I) shall not apply to the unaltered portions of Federal buildings and systems that have undergone major renovations.

added “(B) Updates—Not later than 1 year after the date of approval of each subsequent revision of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, the Secretary shall determine whether the revised standards established under subclauses (I) and (II) of subparagraph (A)(i) 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) Standards; certification for green buildings

added “(i) Standards—Not later than”

added “(ii) Sustainable design principles—Sustainable design principles shall be applied to the siting, design, and construction of buildings covered by this subparagraph.

added “(iii) Selection of certification systems—The Secretary, after reviewing the findings of the Federal Director under section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)), in consultation with the Administrator of General Services, and in consultation with the Secretary of Defense relating to those facilities under the custody and control of the Department of Defense, shall determine those certification systems for green commercial and residential buildings that the Secretary determines to be the most likely to encourage a comprehensive and environmentally sound approach to certification of green buildings.

added “(iv) Basis for selection—The determination of the certification systems under clause (iii) shall be based on ongoing review of the findings of the Federal Director under section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)) and the criteria described in clause (vi).

added “(v) Administration—In determining certification systems under this subparagraph, the Secretary shall—

added “(I) make a separate determination for all or part of each system; and

added “(II) confirm that the criteria used to support the selection of building products, materials, brands, and technologies—

added “(aa) are based on relevant technical data;

added “(bb) use and reward evaluation of health, safety, and environmental risks and impacts across the lifecycle of the building product, material, brand, or technology, including methodologies generally accepted by the applicable scientific disciplines;

added “(cc) as practicable, give preference to performance standards instead of prescriptive measures; and

added “(dd) reward continual improvements in the lifecycle management of health, safety, and environmental risks and impacts.

added “(vi) Considerations—In determining the green building certification systems under this subparagraph, the Secretary shall take into consideration—

added “(I) the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph;

added “(II) the ability of the applicable certification organization to collect and reflect public comment;

added “(III) the ability of the standard to be developed and revised through a consensus-based process;

added “(IV) an evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting—

added “(aa) efficient and sustainable use of water, energy, and other natural resources;

added “(bb) use of renewable energy sources;

added “(cc) improved indoor environmental quality through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls;

added “(dd) the responsible sourcing of grown, harvested, or mined materials, including through certifications of responsible sourcing, such as certifications provided by the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, or the Programme for the Endorsement of Forest Certification; and

added “(ee) such other criteria as the Secretary determines to be appropriate; and

added “(V) national recognition within the building industry.

added “(vii) Review—The Secretary, in consultation with the Administrator of General Services and the Secretary of Defense, shall conduct an ongoing review to evaluate and compare private sector green building certification systems, taking into account—

added “(I) the criteria described in clause (vi); and

added “(II) the identification made by the Federal Director under section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)).

added “(viii) Exclusions

added “(I) In general—Subject to subclause (II), if a certification system fails to meet the review requirements of clause (vi), the Secretary shall—

added “(aa) identify the portions of the system, whether prerequisites, credits, points, or otherwise, that meet the review criteria of clause (vi);

added “(bb) determine the portions of the system that are suitable for use; and

added “(cc) exclude all other portions of the system from identification and use.

added “(II) Entire systems—The Secretary shall exclude an entire system from use if an exclusion under subclause (I)—

added “(aa) impedes the integrated use of the system;

added “(bb) creates disparate review criteria or unequal point access for competing materials; or

added “(cc) increases agency costs of the use.

added “(ix) Internal certification processes—The Secretary may by rule allow Federal agencies to develop internal certification processes, using certified professionals, in lieu of certification by certification entities identified under clause (iii).

added “(x) Privatized military housing—With respect to privatized military housing, the Secretary of Defense, after consultation with the Secretary may, through rulemaking, develop alternative certification systems and levels than the systems and levels identified under clause (iii) that achieve an equivalent result in terms of energy savings, sustainable design, and green building performance.

added “(xi) Water conservation technologies—In addition to any use of water conservation technologies otherwise required by this section, water conservation technologies shall be applied to the extent that the technologies are life-cycle cost-effective.

added “(xii) Effective date

added “(I) Determinations made after December 31, 2020—The amendments made by section 1422(b)(1)(C) of the Clean Economy Jobs and Innovation Act shall apply to any determination made by a Federal agency after December 31, 2020.

added “(II) Determinations made on or before December 31, 2020—This subparagraph (as in effect on the day before the date of enactment of the Clean Economy Jobs and Innovation Act) shall apply to any use of a certification system for green commercial and residential buildings by a Federal agency on or before December 31, 2020.”

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

added “(1) once 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 “(1) In general—The head”

added “(B) Procedures—The Architect of the Capitol shall adopt procedures necessary to ensure that the buildings referred to in subparagraph (A) meet or exceed the standards described in that subparagraph.”

added “(2) Applicability

added “(A) In general—The Federal”

added “(5)

added “(A) the status of the energy savings performance contracts and utility energy service contracts of each agency, to the extent that the information is not duplicative of information provided to the Secretary under a separate authority;

added “(B) the quantity and investment value of the contracts for the previous year;

added “(C) the guaranteed energy savings, or for contracts without a guarantee, the estimated energy savings, for the previous year, as compared to the measured energy savings for the previous year;

added “(D) a forecast of the estimated quantity and investment value of contracts anticipated in the following year for each agency; and

added “(E)

added “(i) a comparison of the information described in subparagraph (B) and the forecast described in subparagraph (D) in the report of the previous year; and

added “(ii) if applicable, the reasons for any differences in the data compared under clause (i).”

added In this subtitle:

added Not later than 30 days after the date of enactment of this Act, the Secretary, acting through the Director of the Building Technologies Office of the Department of Energy, shall issue a notice that includes—

added There is authorized to be appropriated to carry out this part $500,000,000 for the period of fiscal years 2021 through 2025, to remain available until expended.

added The Secretary shall establish a program, to be known as the Home Energy Savings Retrofit Rebate Program, to—

added Notwithstanding the provisions of title 5, United States Code, regarding appointments in the competitive service and General Schedule classifications and pay rates, the Secretary may appoint such professional and administrative personnel as the Secretary considers necessary to carry out this subtitle.

added Each State receiving Federal funds pursuant to this subtitle shall provide reasonable assurances to the Secretary that it has established policies and procedures designed to ensure that Federal funds provided under this subtitle will be used to supplement, and not to supplant, State and local funds.

added “(1) $410,000,000 for fiscal year 2021;

added “(2) $430,000,000 for fiscal year 2022;

added “(3) $450,000,000 for fiscal year 2023;

added “(4) $450,000,000 for fiscal year 2024; and

added “(5) $450,000,000 for fiscal year 2025.”

added “(4) The Secretary may amend the regulations prescribed under paragraph (1) to provide that the standards described in paragraph (2)(A) take into consideration improvements in the health and safety of occupants of dwelling units, and other non-energy benefits, from weatherization.”

added “414C. Contractor optimization

added “(a) In general—The Secretary may request that entities receiving funding from the Federal Government or from a State through a weatherization assistance program under section 413 or section 414 perform periodic reviews of the use of private contractors in the provision of weatherization assistance, and encourage expanded use of contractors as appropriate.

added “(b) Use of training funds—Entities described in subsection (a) may use funding described in such subsection to train private, non-Federal entities that are contracted to provide weatherization assistance under a weatherization program, in accordance with rules determined by the Secretary.”

added “414D. Financial assistance for WAP enhancement and innovation

added “(a) Purposes—The purposes of this section are—

added “(1) to expand the number of dwelling units that are occupied by low-income persons that receive weatherization assistance by making such dwelling units weatherization-ready;

added “(2) to promote the deployment of renewable energy in dwelling units that are occupied by low-income persons;

added “(3) to ensure healthy indoor environments by enhancing or expanding health and safety measures and resources available to dwellings that are occupied by low-income persons;

added “(4) to disseminate new methods and best practices among entities providing weatherization assistance;

added “(5) to encourage entities providing weatherization assistance to hire and retain employees who are individuals—

added “(A) from the community in which the assistance is provided; and

added “(B) from communities or groups that are underrepresented in the home energy performance workforce, including religious and ethnic minorities, women, veterans, individuals with disabilities, and individuals who are socioeconomically disadvantaged; and

added “(6) to enhance or expand the use of materials that are resistant to high heat and fire in dwellings occupied by low-income persons in areas at risk from drought and wildfires.

added “(b) Financial assistance—The Secretary shall, to the extent funds are made available, award financial assistance, on an annual basis, through a competitive process to entities receiving funding from the Federal Government or from a State, tribal organization, or unit of general purpose local government through a weatherization program under section 413 or section 414, or to nonprofit entities, to be used by such an entity—

added “(1) with respect to dwelling units that are occupied by low-income persons, to—

added “(A) implement measures to make such dwelling units weatherization-ready by addressing structural, plumbing, roofing, and electrical issues, environmental hazards, or other measures that the Secretary determines to be appropriate;

added “(B) install energy efficiency technologies, including home energy management systems, smart devices, and other technologies the Secretary determines to be appropriate;

added “(C) install renewable energy systems (as defined in section 415(c)(6)(A));

added “(D) implement measures to ensure healthy indoor environments by improving indoor air quality, accessibility, and other healthy homes measures as determined by the Secretary; and

added “(E) implement measures to enhance health and safety through use of materials that are resistant to high heat and fire in areas at risk from drought and wildfires;

added “(2) to improve the capability of the entity—

added “(A) to significantly increase the number of energy retrofits performed by such entity;

added “(B) to replicate best practices for work performed pursuant to this section on a larger scale;

added “(C) to leverage additional funds to sustain the provision of weatherization assistance and other work performed pursuant to this section after financial assistance awarded under this section is expended; and

added “(D) to hire and retain employees who are individuals described subsection (a)(5);

added “(3) for innovative outreach and education regarding the benefits and availability of weatherization assistance and other assistance available pursuant to this section;

added “(4) for quality control of work performed pursuant to this section;

added “(5) for data collection, measurement, and verification with respect to such work;

added “(6) for program monitoring, oversight, evaluation, and reporting regarding such work;

added “(7) for labor, training, and technical assistance relating to such work;

added “(8) for planning, management, and administration (up to a maximum of 15 percent of the assistance provided); and

added “(9) for such other activities as the Secretary determines to be appropriate.

added “(c) Award factors—In awarding financial assistance under this section, the Secretary shall consider—

added “(1) the applicant’s record of constructing, renovating, repairing, or making energy efficient single-family, multifamily, or manufactured homes that are occupied by low-income persons, either directly or through affiliates, chapters, or other partners (using the most recent year for which data are available);

added “(2) the number of dwelling units occupied by low-income persons that the applicant has built, renovated, repaired, weatherized, or made more energy efficient in the 5 years preceding the date of the application;

added “(3) the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal funds;

added “(4) the strength of an applicant’s proposal to achieve one or more of the purposes under subsection (a);

added “(5) the extent to which such applicant will utilize partnerships and regional coordination to achieve one or more of the purposes under subsection (a);

added “(6) regional and climate zone diversity;

added “(7) urban, suburban, and rural localities; and

added “(8) such other factors as the Secretary determines to be appropriate.

added “(d) Applications

added “(1) Administration—To be eligible for an award of financial assistance under this section, an applicant shall submit to the Secretary an application in such manner and containing such information as the Secretary may require.

added “(2) Awards—Subject to the availability of appropriations, not later than 270 days after the date of enactment of this section, the Secretary shall make a first award of financial assistance under this section.

added “(e) Maximum amount and term

added “(1) In general—The total amount of financial assistance awarded to an entity under this section shall not exceed $2,000,000.

added “(2) Technical and training assistance—The total amount of financial assistance awarded to an entity under this section shall be reduced by the cost of any technical and training assistance provided by the Secretary that relates to such financial assistance.

added “(3) Term—The term of an award of financial assistance under this section shall not exceed 3 years.

added “(4) Relationship to formula grants—An entity may use financial assistance awarded to such entity under this section in conjunction with other financial assistance provided to such entity under this part.

added “(f) Requirements—Not later than 90 days after the date of enactment of this section, the Secretary shall issue requirements to implement this section, including, for entities receiving financial assistance under this section—

added “(1) standards for allowable expenditures;

added “(2) a minimum saving-to-investment ratio; and

added “(3) standards for—

added “(A) training programs;

added “(B) energy audits;

added “(C) the provision of technical assistance;

added “(D) monitoring activities carried out using such financial assistance;

added “(E) verification of energy and cost savings;

added “(F) liability insurance requirements; and

added “(G) recordkeeping and reporting requirements, which shall include reporting to the Office of Weatherization and Intergovernmental Programs of the Department of Energy applicable data on each dwelling unit retrofitted or otherwise assisted pursuant to this section.

added “(g) Compliance with State and local law—Nothing in this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the applicable requirement of this section.

added “(h) Review and evaluation—The Secretary shall review and evaluate the performance of each entity that receives an award of financial assistance under this section (which may include an audit).

added “(i) Annual report—The Secretary shall submit to Congress an annual report that provides a description of—

added “(1) actions taken under this section to achieve the purposes of this section; and

added “(2) accomplishments as a result of such actions, including energy and cost savings achieved.

added “(j) Funding

added “(1) Amounts

added “(A) In general—For each of fiscal years 2021 through 2025, of the amount made available under section 422 for such fiscal year to carry out the weatherization program under this part (not including any of such amount made available for Department of Energy headquarters training or technical assistance), not more than—

added “(i) 2 percent of such amount (if such amount is $225,000,000 or more but less than $260,000,000) may be used to carry out this section;

added “(ii) 4 percent of such amount (if such amount is $260,000,000 or more but less than $300,000,000) may be used to carry out this section; and

added “(iii) 6 percent of such amount (if such amount is $300,000,000 or more) may be used to carry out this section.

added “(B) Minimum—For each of fiscal years 2021 through 2025, if the amount made available under section 422 (not including any of such amount made available for Department of Energy headquarters training or technical assistance) for such fiscal year is less than $225,000,000, no funds shall be made available to carry out this section.

added “(2) Limitation—For any fiscal year, the Secretary may not use more than $25,000,000 of the amount made available under section 422 to carry out this section.

added “(k) Termination—The Secretary may not award financial assistance under this section after September 30, 2025.”

added “414E. Hiring

added “The Secretary may, as the Secretary determines appropriate, encourage entities receiving funding from the Federal Government or from a State through a weatherization program under section 413 or section 414, to prioritize the hiring and retention of employees who are individuals described in section 414D(a)(5).”

added “(2) Dwelling units weatherized (including dwelling units partially weatherized) under this part, or under other Federal programs (in this paragraph referred to as “previous weatherization”), may not receive further financial assistance for weatherization under this part until the date that is 15 years after the date such previous weatherization was completed. This paragraph does not preclude dwelling units that have received previous weatherization from receiving assistance and services (including the provision of information and education to assist with energy management and evaluation of the effectiveness of installed weatherization materials) other than weatherization under this part or under other Federal programs, or from receiving non-Federal assistance for weatherization.”

added Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report on the status of any request made after September 30, 2010, for a waiver of any requirement under section 200.313 of title 2, Code of Federal Regulations, as such requirement applies with respect to the weatherization assistance program under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.), including a description of any such waiver that has been granted and any such request for a waiver that has been considered but not granted.

added With respect to the Weatherization Assistance Program, the requirements of section 12202 shall apply only to work performed on multifamily buildings.

added Thermal insulating materials for building elements including walls, floors, ceilings, attics and roofs insulation, used for “Low Income Home Energy Assistance” and “Weatherization Assistance Program” shall not contain any substance that is a Category 1 respiratory sensitizer as defined in Appendix A to section 1910.1200 of title 29, Code of Federal Regulations, (specifically, Appendix A.4, “Respiratory or Skin Sensitization”), if such substance was intentionally added or is present at greater than 0.1 percent (1000 ppm) by weight in the product.

added Notwithstanding any other provision of law, nothing in this part shall be construed to require State, tribal, or local governments to provide additional data for Federal purposes, or to take any action that may result in an increased financial burden to such governments by restricting the use of water by such governments.

added To the maximum extent practicable, the Secretary shall coordinate activities under this part with other programs of the Department and other Federal research programs.

added In this part:

added “(C)

added “(i) Large-diameter ceiling fans manufactured on or after January 21, 2020, shall—

added “(I) not be required to meet minimum ceiling fan efficiency in terms of ratio of the total airflow to the total power consumption as described in the final rule titled “Energy Conservation Program: Energy Conservation Standards for Ceiling Fans” (82 Fed. Reg. 6826 (January 19, 2017)); and

added “(II) have a CFEI greater than or equal to—

added “(aa) 1.00 at high speed; and

added “(bb) 1.31 at 40 percent speed or the nearest speed that is not less than 40 percent speed.

added “(ii) For purposes of this subparagraph, the term CFEI means the Fan Energy Index for large-diameter ceiling fans, calculated in accordance with ANSI/AMCA Standard 208–18 titled “Calculation of the Fan Energy Index”, with the following modifications:

added “(I) Using an Airflow Constant (Q0) of 26,500 cubic feet per minute.

added “(II) Using a Pressure Constant (P0) of 0.0027 inches water gauge.

added “(III) Using a Fan Efficiency Constant (η0) of 42 percent.”

added “(C) diversifies energy supplies, including by facilitating and promoting the use of alternative fuels;”

added “(9) deployment of energy distribution technologies that significantly increase energy efficiency or expand access to alternative fuels, including—

added “(A) distributed resources;

added “(B) district heating and cooling systems; and

added “(C) infrastructure for delivering alternative fuels;”

added “(a) Authorization of appropriations

added “(1) Grants—There is authorized to be appropriated to the Secretary for the provision of grants under the program $3,500,000,000 for each of fiscal years 2021 through 2025.

added “(2) Administrative costs—There is authorized to be appropriated to the Secretary for administrative expenses of the program $35,000,000 for each of fiscal years 2021 through 2025.”

added “(3) through benchmarking programs to enable use of building performance data to evaluate the performance of energy efficiency investments over time.”

added “(b) Assurance of improvement

added “(1) Verification—A State agency receiving a grant for activities described in paragraph (1) or (2) of subsection (a) shall ensure, as a condition of eligibility for assistance pursuant to such grant, that a unit of local government receiving such assistance obtain third-party verification of energy efficiency improvements in each public building with respect to which such assistance is used.

added “(2) Guidance—The Secretary may provide guidance to State agencies to comply with paragraph (1). In developing such guidance, the Secretary shall consider available third-party verification tools for high-performing buildings and available third-party verification tools for energy efficiency retrofits.”

added “(3) ensure that all laborers and mechanics employed by contractors and subcontractors in the performance of construction, alteration, or repair work financed in whole or in part with assistance received pursuant to this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (and with respect to such labor standards, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code).”

added “(27) Water heater

added “(A) In general—The term water heater means a product that utilizes oil, gas, or electricity to heat potable water for use outside the heater on demand, including—

added “(i) storage type units that heat and store water at a thermostatically controlled temperature, including—

added “(I) gas storage water heaters with an input of 75,000 Btu per hour or less, including heat pump type units that meet the current and voltage limits under clause (iii);

added “(II) oil storage water heaters with an input of 105,000 Btu per hour or less; and

added “(III) electric storage water heaters with an input of 12 kilowatts or less, including heat pump type units that meet the current and voltage limits under clause (iii);

added “(ii)

added “(I) instantaneous type units that heat water but contain not more than 1 gallon of water per 4,000 Btu per hour of input; and

added “(II) in the case of—

added “(aa) gas instantaneous water heaters, have an input of 200,000 Btu per hour or less and are designed and marketed to provide outlet hot water at a thermostatically controlled temperature of less than 180 degrees Fahrenheit;

added “(bb) oil instantaneous water heaters, have an input of 210,000 Btu per hour or less; and

added “(cc) electric instantaneous water heaters, have an input of 12 kilowatts or less;

added “(iii) heat pump type units (including add-on heat pumps, integrated heat pumps with storage, split-system heat pumps that consist of a separate heat pump and storage tank that are designed and marketed to operate together, and all ancillary equipment, such as fans, storage tanks, pumps, electric resistance heating elements, or controls necessary for the device to perform its function) that—

added “(I) have a maximum current rating of 24 amperes at a voltage not greater than 250 volts; and

added “(II) are designed to transfer thermal energy from 1 temperature level to a different temperature level for the purpose of heating water;

added “(iv) solar thermal-assisted electric storage units; and

added “(v) solar thermal-assisted fossil fuel storage units.

added “(B) Exclusions—Unless otherwise determined by the Secretary under section 325(e)(7)(B), the term water heater does not include—

added “(i) electric storage type units described in subparagraph (A)(i)(III) that—

added “(I) are designed and marketed exclusively for commercial building applications; and

added “(II)

added “(aa) are designed, constructed, inspected, tested, and stamped in accordance with Section IV, Part HLW, or Section X of the Boiler and Pressure Vessel Code promulgated by the American Society of Mechanical Engineers;

added “(bb) exclusively use 3-phase electricity, are designed and marketed to provide outlet hot water at a thermostatically controlled temperature of 180 degrees Fahrenheit or greater, and operate only at rated voltages of not less than 208 volts; or

added “(cc) exclusively use single-phase electricity, are designed and marketed to provide outlet hot water at a thermostatically controlled temperature of 180 degrees Fahrenheit or greater, and operate only at a rated voltage of 277 volts; or

added “(ii) gas storage type units described in subparagraph (A)(i)(I) that—

added “(I) are designed and marketed exclusively for commercial building applications; and

added “(II) are designed, constructed, inspected, tested, and stamped in accordance with Section IV, Part HLW, of the Boiler and Pressure Vessel Code promulgated by the American Society of Mechanical Engineers.

added “(C) Multi-input electric storage water heater—The term multi-input electric storage water heater means a product that—

added “(i) is not a heat pump type unit described in subparagraph (A)(iii); and

added “(ii) is designed, marketed, or shipped from the manufacturer with a capability of operating or being configured to operate at inputs greater than, equal to, or below 12 kilowatts.

added “(D) Solar thermal-assisted electric storage unit—The term solar thermal-assisted electric storage unit means a unit that—

added “(i) has an input of 12 kilowatts or less;

added “(ii) has at least 2 dedicated ports in addition to the ports used for introduction and delivery of potable water for the supply and return of water or a heat transfer fluid heated externally by solar panels;

added “(iii) does not have electric resistance heating elements located in the lower half of the storage tank;

added “(iv) has the temperature sensing device that controls the auxiliary electric heat source located in the upper half of the storage tank; and

added “(v) has a ratio of less than 0.70 for the proportion that the certified first hour rating bears to the nominal volume of the storage tank.”

added “(7) Exempted water heaters

added “(A) Definition of exempted water heater—In this paragraph, the term exempted water heater means a water heater described in section 321(27)(B).

added “(B) Monitoring of shipments

added “(i) Submission of data—Not later than 90 days after the date of enactment of this paragraph, and not later than May 1 of each year thereafter, the Secretary shall require each manufacturer of water heaters to report to the Secretary the quantity of exempted water heaters, in each category of exempted water heaters, that the manufacturer shipped in the preceding calendar year.

added “(ii) Confidentiality requirements—The Secretary shall treat shipment data reported by manufacturers under clause (i) as confidential business information subject to appropriate confidential data safeguards.

added “(iii) Publication

added “(I) Baseline shipment data—Not later than 120 days after the date of enactment of this paragraph, the Secretary shall publish an analysis of the data collected under clause (i) for public comment, subject to applicable confidentiality safeguards, which shall serve as the baseline data for the analysis described in subclause (II)(bb).

added “(II) Percentage growth from baseline—Not later than June 1 of each year after the year in which the Secretary publishes data under subclause (I), the Secretary shall publish—

added “(aa) an analysis of the data collected under clause (i) for public comment, subject to applicable confidentiality safeguards;

added “(bb) the percentage growth in the number of shipments within each category of exempted water heater relative to the baseline data described in subclause (I); and

added “(cc) the determination of the Secretary as to whether the number of shipments for any category of exempted water heater have increased by more than 25 percent compared to the baseline data for that category.

added “(C) Inclusion of exempted water heaters

added “(i) In general—The Secretary shall, by regulation, revise the definition of water heater under section 321(27) to include an exempted water heater under subparagraph (A) of that section if the Secretary makes an affirmative determination under subparagraph (B)(iii)(II)(cc) for that category of exempted water heater.

added “(ii) Energy conservation standards—Any category of exempted water heater included in the definition of water heater under clause (i) shall be required to meet the energy conservation standards applicable to an electric or gas storage type water heater under this part.

added “(iii) Effective date—For any category of exempted water heater, the Secretary shall carry out clause (i), and require compliance under clause (ii), not later than 1 year after the date on which the Secretary makes the affirmative determination described in clause (i) for that category.

added “(8) Standards for multi-input electric storage water heaters—A multi-input electric storage water heater shall be subject to the test procedures, energy conservation standards, labeling (if applicable), and certification requirements—

added “(A) for electric storage water heaters under this part; and

added “(B) for storage water heaters under part C.

added “(9) Technology-neutral electric storage water heater standards—Notwithstanding any other provision of this Act, the Secretary may not create separate product classes for heat pump water heaters and other electric storage water heaters.”

added “(12)

added “(A) Storage water heater

added “(i) In general—The term storage water heater means a water heater that—

added “(I) heats and stores water within an appliance at a thermostatically controlled temperature for delivery on demand; and

added “(II) is not a water heater described in section 321(27)(A).

added “(ii) Exclusion—The term storage water heater does not include a unit with an input rating of 4,000 Btu per hour or more per gallon of stored water.

added “(B) Instantaneous water heater—The term instantaneous water heater means a water heater that—

added “(i) has an input rating of at least 4,000 Btu per hour per gallon of stored water; and

added “(ii) is not a water heater described in section 321(27)(A).

added “(C) Unfired hot water storage tank—The term unfired hot water storage tank means a tank used to store water that is heated externally.”

added “(l) Labels for certain commercial water heaters

added “(1) In general—Notwithstanding any other provision of this section, water heaters described in section 321(27)(B) shall be required to bear a permanent label, applied at the point of manufacture, that, subject to paragraph (3), satisfies the requirements described in paragraph (2).

added “(2) Requirements—A label required under paragraph (1) shall—

added “(A) be made of material not adversely affected by water;

added “(B) be attached by means of nonwater-soluble adhesive; and

added “(C) bear the following notice printed in 16.5 point Arial Narrow Bold font: “IMPORTANT INFORMATION: Exclusively intended for commercial installations. This model is not certified by the U.S. Department of Energy as a residential water heater. This model does not have a certified First Hour or UEF rating.”.

added “(3) Revision upon petition—On receipt of a petition by an interested party, the Secretary may conduct a rulemaking to revise the scope and requirements of the label required under paragraph (1).”

added “(h) Suspension of preemption—This section shall not apply to a covered product during any period that—

added “(1) begins on the date that is 8 years after the date on which the energy conservation standard was established under section 325 for the covered product; and

added “(2) ends on the effective date of an energy conservation standard established after the date described in paragraph (1) under section 325 for the covered product, that is equivalent to, or more stringent than, the standard described in such paragraph.

added “(i) No preemption absent a Federal standard

added “(1) Application—Notwithstanding any other provision of this part, this section does not apply to any State regulation insofar as the State regulation applies to any product not subject to an energy conservation standard established under section 325.

added “(2) Compliance period—Any State regulation prescribed or enacted for a covered product before the date on which an energy conservation standard is established under section 325 for the covered product shall not be preempted until the effective date of an equivalent or more stringent energy conservation standard under section 325 for the covered product.”

added “(E) Notwithstanding subparagraph (A), a standard prescribed or established under section 342(a) shall not supersede any State or local regulation concerning the energy efficiency or energy use of a product for which a standard is prescribed or established pursuant to such section during any period that—

added “(i) begins on the date that is 8 years after the date on which such standard was prescribed or established; and

added “(ii) ends on the effective date of a standard prescribed or established after the date described in clause (i) under section 342(a) for the product, that is equivalent to, or more stringent than, the standard described in such clause.”

added “(20) Consideration of energy storage systems—Each State shall consider requiring that, as part of a supply side resource planning process, an electric utility of the State demonstrate to the State that the electric utility considered an investment in energy storage systems based on appropriate factors, including—

added “(A) total costs and normalized life cycle costs;

added “(B) cost effectiveness;

added “(C) improved reliability;

added “(D) security; and

added “(E) system performance and efficiency.”

added “(7)

added “(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State regulatory authority has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (20) of section 111(d).

added “(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State regulatory authority has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to the standard established by paragraph (20) of section 111(d).”

added “(g) Prior State actions—Subsections (b) and (c) of this section shall not apply to the standard established by paragraph (20) of section 111(d) in the case of any electric utility in a State if, before the enactment of this subsection—

added “(1) the State has implemented for such utility the standard concerned (or a comparable standard);

added “(2) the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility; or

added “(3) the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility.”

added To the maximum extent practicable, the Secretary of Energy shall ensure that the funding and administration of the different offices within the Grid Modernization Initiative of the Department of Energy and other programs conducting energy storage research are coordinated and streamlined.

added “(1) Qualified hydroelectric facility—The term qualified hydroelectric facility means a turbine or other generating device owned or solely operated by a non-Federal entity—

added “(A) that generates hydroelectric energy for sale; and

added “(B)

added “(i) that is added to an existing dam or conduit; or

added “(ii)

added “(I) that has a generating capacity of not more than 10 megawatts;

added “(II) for which the non-Federal entity has received a construction authorization from the Federal Energy Regulatory Commission, if applicable; and

added “(III) that is constructed in a region in which there is inadequate electric service, as determined by the Secretary.”

added Not later than 90 days after the date on which the Forensic Investigation Team submits to the Federal Energy Regulatory Commission the reports on the root causes, and any other contributing causes, of the Edenville Dam and Sanford Dam failures, the Federal Energy Regulatory Commission shall conduct a briefing for, and submit a report summarizing such briefing to, the Committee on Energy and Commerce of the House of Representatives that includes—

added Section 10 of the Federal Power Act (16 U.S.C. 803) is amended by adding at the end the following:

added “(k) That the dam and other project works meet the Commission’s dam safety requirements and that the licensee shall continue to manage, operate, and maintain the dam and other project works in a manner that ensures dam safety and public safety under the operating conditions of the license.”

added Section 15 of the Federal Power Act (16 U.S.C. 808) is amended by adding at the end the following:

added “(g) The Commission may issue a new license under this section only if the Commission determines that the dam and other project works covered by the license meet the Commission’s dam safety requirements and that the licensee can continue to manage, operate, and maintain the dam and other project works in a manner that ensures dam safety and public safety under the operating conditions of the new license.”

added The Federal Energy Regulatory Commission shall establish procedures to assess the financial viability of an applicant for a license under the Federal Power Act to meet applicable dam safety requirements and to operate the dam and project works under the license.

added In this subtitle: