An amendment numbered 7 printed in House Report 110-151 to require DOD to use renewable energy to meet at least 25% of its electricity needs by 2025, unless the Secretary determines a waiver is in the best interest of DOD.

1. Adds SEC. 2853. DEPARTMENT OF DEFENSE REQUIREMENTS REGARDING USE OF RENEWABLE ENERGY TO MEET AT LEAST 25 PERCENT OF DEPARTMENT ELECTRICITY NEEDS at the end of subtitle E of title XXVIII

   Adds a section

   Inserted: SEC. 2853. DEPARTMENT OF DEFENSE REQUIREMENTS REGARDING USE OF RENEWABLE ENERGY TO MEET AT LEAST 25 PERCENT OF DEPARTMENT ELECTRICITY NEEDS.

   Inserted: Subsection (e) of section 2911 of title 10, United States Code, is amended to read as follows:

   Inserted: "(e) Use of Renewable Energy to Meet Electricity Needs.--(1) The Secretary of Defense shall ensure that the Department of Defense--

   Inserted: "(A) produces or procures, from renewable energy sources, not less than 25 percent of the total quantity of electric energy it consumes within its facilities and in its activities during fiscal year 2025 and each fiscal year thereafter; and

   Inserted: "(B) produces or procures electric energy from renewable energy sources whenever the use of such renewable energy sources is consistent with the energy performance goals and energy performance plan for the Department and supported by the special considerations specified in subsection (c).

   Inserted: "(2) In order to achieve the 25-percent requirement specified in paragraph (1)(A) by fiscal year 2025, the Secretary of Defense shall establish annual incremental goals for the production or procurement of electric energy from renewable energy sources for the electric energy needs of the Department. The annual reports on the energy management implementation plan and the annual energy management report shall include information regarding the progress made towards meeting the annual incremental goals and 25-percent requirement.

   Inserted: "(3) The Secretary of Defense, the Secretary of a military department, or a Defense agency may not use any means of third-party financing, including energy savings performance contracts, enhanced use leases, utility energy service contracts, utility privatization agreements, or other related contractual mechanisms, to achieve the 25-percent requirement specified in paragraph (1)(A). Renewable energy produced through any means of third-party financing will not count towards the achievement of the 25-percent requirement.

   Inserted: "(4) The Secretary of Defense may waive the requirements of subparagraph (A) or (B) of paragraph (1) if the Secretary--

   Inserted: "(A) determines that the waiver is in the best interests of the Department of Defense; and

   Inserted: "(B) notifies the congressional defense committees of the waiver, including the reasons for the waiver.

   Inserted: "(5) In this subsection:

   Inserted: "(A) The term 'renewable energy sources' has the meaning given that term in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)).

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   Inserted: "(B) The term 'energy savings performance contract' has the meaning given that term in section 804(3) of the National Energy Conservation Policy Act (42 U.S.C. 8287c).

   Inserted: "(C) The term 'enhanced use lease' means a lease under section 2667 of this title.

   Inserted: "(D) The term 'utility energy service contract' means a contract under section 2913 of this title.

   Inserted: "(E) The term 'utility privatization authority' means the authority provided under section 2668 of this title.".

   Original wording

   At the end of subtitle E of title XXVIII, add the following new section:

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As printed