S.Amdt. 2546

1. Adds DIVISION B--ENERGY SAVINGS AND INDUSTRIAL COMPETITIVENESS at the end of the bill

   Adds a section

   In S. 2237 · Placed on Calendar Senate

   (ii) multiplying the limitation under subparagraph (B)(ii) of such paragraph (as so in effect) by a fraction the numerator of which is the number of days in the taxable year after December 31, 2011, and the denominator of which is the number of days in the taxable year.

   Inserted: DIVISION B--ENERGY SAVINGS AND INDUSTRIAL COMPETITIVENESS

   Inserted: SEC. 2001. SHORT TITLE.

   Inserted: This division may be cited as the "Energy Savings and Industrial Competitiveness Act of 2012".

   Inserted: TITLE I--BUILDINGS

   Inserted: Subtitle A--Building Energy Codes SEC. 2101. GREATER ENERGY EFFICIENCY IN BUILDING CODES.

   Inserted: (a) Definitions.--Section 303 of the Energy Conservation and Production Act (42 U.S.C. 6832) is amended--

   Inserted: (1) by striking paragraph (14) and inserting the following:

   Inserted: "(14) Model building energy code.--The term 'model building energy code' means a voluntary building energy code and standards developed and updated through a consensus process among interested persons, such as the IECC or the code used by--

   Inserted: "(A) the Council of American Building Officials;

   Inserted: "(B) the American Society of Heating, Refrigerating, and Air-Conditioning Engineers; or

   Inserted: "(C) other appropriate organizations."; and

   Inserted: (2) by adding at the end the following:

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   Inserted: "(17) IECC.--The term 'IECC' means the International Energy Conservation Code.

   Inserted: "(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).".

   Inserted: (b) State Building Energy Efficiency Codes.--Section 304 of the Energy Conservation and Production Act (42 U.S.C. 6833) is amended to read as follows:

   Inserted: "SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

   Inserted: "(a) In General.--The Secretary shall--

   Inserted: "(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

   Inserted: "(2) support full compliance with the State and local codes.

   Inserted: "(b) State and Indian Tribe Certification of Building Energy Code Updates.--

   Inserted: "(1) Review and updating of codes by each state and indian tribe.--

   Inserted: "(A) In general.--Not later than 2 years after the date on which a model building energy code is updated, each State or Indian tribe shall certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively.

   Inserted: "(B) Demonstration.--The certification shall include a demonstration of whether or not the energy savings for the code provisions that are in effect throughout the State or Indian tribal territory meet or exceed--

   Inserted: "(i) the energy savings of the updated model building energy code; or

   Inserted: "(ii) the targets established under section 307(b)(2).

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

   Inserted: "(2) Validation by secretary.--Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall--

   Inserted: "(A) determine whether the code provisions of the State or Indian tribe, respectively, meet the criteria specified in paragraph (1); and

   Inserted: "(B) if the determination is positive, validate the certification.

   Inserted: "(c) Improvements in Compliance With Building Energy Codes.--

   Inserted: "(1) Requirement.--

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

   Inserted: "(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

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(2) Measurement of compliance.--A certification under paragraph (1) shall include documentation of the rate of compliance based on--

   Inserted: "(A) independent inspections of a random sample of the buildings covered by the code in the preceding year; or

   Inserted: "(B) an alternative method that yields an accurate measure of compliance.

   Inserted: "(3) Achievement of compliance.--A State or Indian tribe shall be considered to achieve full compliance under paragraph (1) if--

   Inserted: "(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

   Inserted: "(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.

   Inserted: "(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--

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

   Inserted: "(B) has met the most recent target under subparagraph (A).

   Inserted: "(5) Validation by secretary.--Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall--

   Inserted: "(A) determine whether the State or Indian tribe has demonstrated meeting the criteria of this subsection, including accurate measurement of compliance; and

   Inserted: "(B) if the determination is positive, validate the certification.

   Inserted: "(d) States or Indian Tribes That Do Not Achieve Compliance.--

   Inserted: "(1) Reporting.--A State or Indian tribe that has not made a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on--

   Inserted: "(A) the status of the State or Indian tribe with respect to meeting the requirements and submitting the certification; and

   Inserted: "(B) a plan for meeting the requirements and submitting the certification.

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

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

   Inserted: "(4) Annual reports by secretary.--

   Inserted: "(A) In general.--The Secretary shall annually submit to Congress, and publish in the Federal Register, a report on--

   Inserted: "(i) the status of model building energy codes;

   Inserted: "(ii) the status of code adoption and compliance in the States and Indian tribes;

   Inserted: "(iii) implementation of this section; and

   Inserted: "(iv) improvements in energy savings over time as result of the targets established under section 307(b)(2).

   Inserted: "(B) Impacts.--The report shall include estimates of impacts of past action under this section, and potential impacts of further action, on--

   Inserted: "(i) upfront financial and construction costs, cost benefits and returns (using investment analysis), and lifetime energy use for buildings;

   Inserted: "(ii) resulting energy costs to individuals and businesses; and

   Inserted: "(iii) resulting overall annual building ownership and operating costs.

   Inserted: "(e) 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--

   Inserted: "(1) to improve and implement State residential and commercial building energy codes;

   Inserted: "(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;

   Inserted: "(3) to document the rate of compliance with a building energy code; and

   Inserted: "(4) to otherwise promote the design and construction of energy efficient buildings.

   Inserted: "(f) Availability of Incentive Funding.--

   Inserted: "(1) In general.--The Secretary shall provide incentive funding to States and Indian tribes--

   Inserted: "(A) to implement the requirements of this section;

   Inserted: "(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

   Inserted: "(C) to promote building energy efficiency through the use of the codes.

   Inserted: "(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 (c)--

   Inserted: "(A) to a State or Indian tribe for which the Secretary has validated a certification under subsection (b) or (c); and

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

   Inserted: "(3) Training.--Of the amounts made available under this subsection, the State 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).

   Inserted: "(4) Local governments.--States may share grants under this subsection with local governments that implement and enforce the codes.

   Inserted: "(g) Stretch Codes and Advanced Standards.--

   Inserted: "(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--

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

   Inserted: "(B) guidelines for energy-efficient building design.

   Inserted: "(2) Targets.--The stretch codes and advanced standards shall be designed--

   Inserted: "(A) to achieve substantial energy savings compared to the model building energy codes; and

   Inserted: "(B) to meet targets under section 307(b), if available, at least 3 to 6 years in advance of the target years.

   Inserted: "(h) 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, and other stakeholders, shall undertake a study of the feasibility, impact, economics, and merit of--

   Inserted: "(1) code improvements that would require that buildings be designed, sited, and constructed in a manner that makes the buildings more adaptable in the future to become zero-net-energy after initial construction, as advances are achieved in energy-saving technologies;

   Inserted: "(2) code procedures to incorporate measured lifetimes, not just first-year energy use, in trade-offs and performance calculations; and

   Inserted: "(3) legislative options for increasing energy savings from building energy codes, including additional incentives for effective State and local action, and verification of compliance with and enforcement of a code other than by a State or local government.

   Inserted: "(i) Effect on Other Laws.--Nothing in this section or section 307 supersedes or modifies the application of sections 321 through 346 of the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.).

   Inserted: "(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section and section 307 $200,000,000, to remain available until expended.".

   Inserted: (c) Federal Building Energy Efficiency Standards.--Section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834) is amended by striking "voluntary building energy code" each place it appears in subsections (a)(2)(B) and (b) and inserting "model building energy code".

   Inserted: (d) Model Building Energy Codes.--Section 307 of the Energy Conservation and Production Act (42 U.S.C. 6836) is amended to read as follows:

   Inserted: "SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.

   Inserted: "(a) In General.--The Secretary shall support the updating of model building energy codes.

   Inserted: "(b) Targets.--

   Inserted: "(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).

   Inserted: "(2) Targets.--

   Inserted: "(A) In general.--The Secretary shall work with State, Indian tribes, local governments, nationally recognized code and standards developers, and other interested parties to support the updating of model building energy codes by establishing 1 or more aggregate energy savings targets to achieve the purposes of this section.

   Inserted: "(B) Separate targets.--The Secretary may establish separate targets for commercial and residential buildings.

   Inserted: "(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.

   Inserted: "(D) Specific years.--

   Inserted: "(i) In general.--Targets for specific years shall be established and revised by the Secretary through rulemaking and coordinated with nationally recognized code and standards developers at a level that--

   Inserted: "(I) is at the maximum level of energy efficiency that is technologically feasible and life-cycle cost effective, while accounting for the economic considerations under paragraph (4);

   Inserted: "(II) is higher than the preceding target; and

   Inserted: "(III) promotes the achievement of commercial and residential high-performance buildings through high performance energy efficiency (within the meaning of section 401 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061)).

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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).

   Inserted: "(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--

   Inserted: "(A) efficiency gains made in appliances, lighting, windows, insulation, and building envelope sealing;

   Inserted: "(B) advancement of distributed generation and on-site renewable power generation technologies;

   Inserted: "(C) equipment improvements for heating, cooling, and ventilation systems;

   Inserted: "(D) building management systems and SmartGrid technologies to reduce energy use; and

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

   Inserted: "(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.

   Inserted: "(c) Technical Assistance to Model Building Energy Code-setting and Standard Development Organizations.--

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

   Inserted: "(2) Assistance.--The assistance shall include, as requested by the organizations, technical assistance in--

   Inserted: "(A) evaluating code or standards proposals or revisions;

   Inserted: "(B) building energy analysis and design tools;

   Inserted: "(C) building demonstrations;

   Inserted: "(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;

   Inserted: "(E) performance-based standards;

   Inserted: "(F) evaluating economic considerations under subsection (b)(4); and

   Inserted: "(G) developing model building energy codes by Indian tribes in accordance with tribal law.

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

   Inserted: "(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.

   Inserted: "(d) Determination.--

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

   Inserted: "(A) improve energy efficiency in buildings compared to the existing model building energy code; and

   Inserted: "(B) meet the applicable targets under subsection (b)(2).

   Inserted: "(2) Codes or standards not meeting targets.--

   Inserted: "(A) In general.--If the Secretary makes a preliminary determination under paragraph (1)(B) that a code or standard does not meet the targets established under subsection (b)(2), the Secretary may at the same time provide the model building energy code or standard developer with proposed changes that would result in a model building energy code that meets the targets and with supporting evidence, taking into consideration--

   Inserted: "(i) whether the modified code is technically feasible and life-cycle cost effective;

   Inserted: "(ii) available appliances, technologies, materials, and construction practices; and

   Inserted: "(iii) the economic considerations under subsection (b)(4).

   Inserted: "(B) Incorporation of changes.--

   Inserted: "(i) In general.--On receipt of the proposed changes, the model building energy code or standard developer shall have an additional 270 days to accept or reject the proposed changes of the Secretary to the model building energy code or standard for the Secretary to make a final determination.

   Inserted: "(ii) Final determination.--A final determination under paragraph (1) shall be on the modified model building energy code or standard.

   Inserted: "(e) Administration.--In carrying out this section, the Secretary shall--

   Inserted: "(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

   Inserted: "(2) provide an opportunity for public comment on targets and supporting analysis and determinations under this section.

   Inserted: "(f) Voluntary Codes and Standards.--Nothwithstanding any other provision of this section, any model building code or standard established under this section shall not be binding on a State, local government, or Indian tribe as a matter of Federal law.".

   Inserted: Subtitle B--Worker Training and Capacity Building SEC. 2111. BUILDING TRAINING AND ASSESSMENT CENTERS.

   Inserted: (a) In General.--The Secretary of Energy shall provide grants to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as defined in section 316(b) of that Act (20 U.S.C. 1059c(b)) to establish building training and assessment centers--

   Inserted: (1) to identify opportunities for optimizing energy efficiency and environmental performance in buildings;

   Inserted: (2) to promote the application of emerging concepts and technologies in commercial and institutional buildings;

   Inserted: (3) to train engineers, architects, building scientists, building energy permitting and enforcement officials, and building technicians in energy-efficient design and operation;

   Inserted: (4) to assist institutions of higher education and Tribal Colleges or Universities in training building technicians;

   Inserted: (5) to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings, particularly energy-intensive buildings; and

   Inserted: (6) to coordinate with and assist State-accredited technical training centers, community colleges, Tribal Colleges or Universities, and local offices of the National Institute of Food and Agriculture and ensure appropriate services are provided under this section to each region of the United States.

   Inserted: (b) Coordination and Nonduplication.--

   Inserted: (1) In general.--The Secretary shall coordinate the program with the Industrial Assessment Centers program and with other Federal programs to avoid duplication of effort.

   Inserted: (2) Collocation.--To the maximum extent practicable, building, training, and assessment centers established under this section shall be collocated with Industrial Assessment Centers.

   Inserted: TITLE II--BUILDING EFFICIENCY FINANCE

   Inserted: SEC. 2201. LOAN PROGRAM FOR ENERGY EFFICIENCY UPGRADES TO EXISTING BUILDINGS.

   Inserted: Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 1706. BUILDING RETROFIT FINANCING PROGRAM.

   Inserted: "(a) Definitions.--In this section:

   Inserted: "(1) Credit support.--The term 'credit support' means a guarantee or commitment to issue a guarantee or other forms of credit enhancement to ameliorate risks for efficiency obligations.

   Inserted: "(2) Efficiency obligation.--The term 'efficiency obligation' means a debt or repayment obligation incurred in connection with financing a project, or a portfolio of such debt or payment obligations.

   Inserted: "(3) Project.--The term 'project' means the installation and implementation of efficiency, advanced metering, distributed generation, or renewable energy technologies and measures in a building (or in multiple buildings on a given property) that are expected to increase the energy efficiency of the building (including fixtures) in accordance with criteria established by the Secretary.

   Inserted: "(b) Eligible Projects.--

   Inserted: "(1) In general.--Notwithstanding sections 1703 and 1705, the Secretary may provide credit support under this section, in accordance with section 1702.

   Inserted: "(2) Inclusions.--Buildings eligible for credit support under this section include commercial, multifamily residential, industrial, municipal, government, institution of higher education, school, and hospital facilities that satisfy criteria established by the Secretary.

   Inserted: "(c) Guidelines.--

   Inserted: "(1) In general.--Not later than 180 days after the date of enactment of this section, the Secretary shall--

   Inserted: "(A) establish guidelines for credit support provided under this section; and

   Inserted: "(B) publish the guidelines in the Federal Register; and

   Inserted: "(C) provide for an opportunity for public comment on the guidelines.

   Inserted: "(2) Requirements.--The guidelines established by the Secretary under this subsection shall include--

   Inserted: "(A) standards for assessing the energy savings that could reasonably be expected to result from a project;

   Inserted: "(B) examples of financing mechanisms (and portfolios of such financing mechanisms) that qualify as efficiency obligations;

   Inserted: "(C) the threshold levels of energy savings that a project, at the time of issuance of credit support, shall be reasonably expected to achieve to be eligible for credit support;

   Inserted: "(D) the eligibility criteria the Secretary determines to be necessary for making credit support available under this section; and

   Inserted: "(E) notwithstanding subsections (d)(3) and (g)(2)(B) of section 1702, any lien priority requirements that the Secretary determines to be necessary, in consultation with the Director of the Office of Management and Budget, which may include--

   Inserted: "(i) requirements to preserve priority lien status of secured lenders and creditors in buildings eligible for credit support;

   Inserted: "(ii) remedies available to the Secretary under chapter 176 of title 28, United States Code, in the event of default on the efficiency obligation by the borrower; and

   Inserted: "(iii) measures to limit the exposure of the Secretary to financial risk in the event of default, such as--

   Inserted: "(I) the collection of a credit subsidy fee from the borrower as a loan loss reserve, taking into account the limitation on credit support under subsection (d);

   Inserted: "(II) minimum debt-to-income levels of the borrower;

   Inserted: "(III) minimum levels of value relative to outstanding mortgage or other debt on a building eligible for credit support;

   Inserted: "(IV) allowable thresholds for the percent of the efficiency obligation relative to the amount of any mortgage or other debt on an eligible building;

   Inserted: "(V) analysis of historic and anticipated occupancy levels and rental income of an eligible building;

   Inserted: "(VI) requirements of third-party contractors to guarantee energy savings that will result from a retrofit project, and whether financing on the efficiency obligation will amortize from the energy savings;

   Inserted: "(VII) requirements that the retrofit project incorporate protocols to measure and verify energy savings; and

   Inserted: "(VIII) recovery of payments equally by the Secretary and the retrofit.

   Inserted: "(3) Efficiency obligations.--The financing mechanisms qualified by the Secretary under paragraph (2)(B) may include--

   Inserted: "(A) loans, including loans made by the Federal Financing Bank;

   Inserted: "(B) power purchase agreements, including energy efficiency power purchase agreements;

   Inserted: "(C) energy services agreements, including energy performance contracts;

   Inserted: "(D) property assessed clean energy bonds and other tax assessment-based financing mechanisms;

   Inserted: "(E) aggregate on-meter agreements that finance retrofit projects; and

   Inserted: "(F) any other efficiency obligations the Secretary determines to be appropriate.

   Inserted: "(4) Priorities.--In carrying out this section, the Secretary shall prioritize--

   Inserted: "(A) the maximization of energy savings with the available credit support funding;

   Inserted: "(B) the establishment of a clear application and approval process that allows private building owners, lenders, and investors to reasonably expect to receive credit support for projects that conform to guidelines;

   Inserted: "(C) the distribution of projects receiving credit support under this section across States or geographical regions of the United States; and

   Inserted: "(D) projects designed to achieve whole-building retrofits.

   Inserted: "(d) Limitation.--Notwithstanding section 1702(c), the Secretary shall not issue credit support under this section in an amount that exceeds--

   Inserted: "(1) 90 percent of the principal amount of the efficiency obligation that is the subject of the credit support; or

   Inserted: "(2) $10,000,000 for any single project.

   Inserted: "(e) Aggregation of Projects.--To the extent provided in the guidelines developed in accordance with subsection (c), the Secretary may issue credit support on a portfolio, or pool of projects, that are not required to be geographically contiguous, if each efficiency obligation in the pool fulfills the requirements described in this section.

   Inserted: "(f) Application.--

   Inserted: "(1) In general.--To be eligible to receive credit support under this section, the applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary.

   Inserted: "(2) Contents.--An application submitted under this section shall include assurances by the applicant that--

   Inserted: "(A) each contractor carrying out the project meets minimum experience level criteria, including local retrofit experience, as determined by the Secretary;

   Inserted: "(B) the project is reasonably expected to achieve energy savings, as set forth in the application using any methodology that meets the standards described in the program guidelines;

   Inserted: "(C) the project meets any technical criteria described in the program guidelines;

   Inserted: "(D) the recipient of the credit support and the parties to the efficiency obligation will provide the Secretary with--

   Inserted: "(i) any information the Secretary requests to assess the energy savings that result from the project, including historical energy usage data, a simulation-based benchmark, and detailed descriptions of the building work, as described in the program guidelines; and

   Inserted: "(ii) permission to access information relating to building operations and usage for the period described in the program guidelines; and

   Inserted: "(E) any other assurances that the Secretary determines to be necessary.

   Inserted: "(3) Determination.--Not later than 90 days after receiving an application, the Secretary shall make a final determination on the application, which may include requests for additional information.

   Inserted: "(g) Fees.--

   Inserted: "(1) In general.--In addition to the fees required by section 1702(h)(1), the Secretary may charge reasonable fees for credit support provided under this section.

   Inserted: "(2) Availability.--Fees collected under this section shall be subject to section 1702(h)(2).

   Inserted: "(h) Underwriting.--The Secretary may delegate the underwriting activities under this section to 1 or more entities that the Secretary determines to be qualified.

   Inserted: "(i) Report.--Not later than 1 year after commencement of the program, the Secretary shall submit to the appropriate committees of Congress a report that describes in reasonable detail--

   Inserted: "(1) the manner in which this section is being carried out;

   Inserted: "(2) the number and type of projects supported;

   Inserted: "(3) the types of funding mechanisms used to provide credit support to projects;

   Inserted: "(4) the energy savings expected to result from projects supported by this section;

   Inserted: "(5) any tracking efforts the Secretary is using to calculate the actual energy savings produced by the projects; and

   Inserted: "(6) any plans to improve the tracking efforts described in paragraph (5).

   Inserted: "(j) Funding.--

   Inserted: "(1) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $400,000,000 for the period of fiscal years 2012 through 2021, to remain available until expended.

   Inserted: "(2) Administrative costs.--Not more than 1 percent of any amounts made available to the Secretary under paragraph (1) may be used by the Secretary for administrative costs incurred in carrying out this section.".

   Inserted: TITLE III--INDUSTRIAL EFFICIENCY AND COMPETITIVENESS

   Inserted: Subtitle A--Manufacturing Energy Efficiency SEC. 2301. STATE PARTNERSHIP INDUSTRIAL ENERGY EFFICIENCY REVOLVING LOAN PROGRAM.

   Inserted: Section 399A of the Energy Policy and Conservation Act (42 U.S.C. 6371h-1) is amended--

   Inserted: (1) in the section heading, by inserting "and industry" before the period at the end;

   Inserted: (2) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and

   Inserted: (3) by inserting after subsection (g) the following:

   Inserted: "(h) State Partnership Industrial Energy Efficiency Revolving Loan Program.--

   Inserted: "(1) In general.--The Secretary shall carry out a program under which the Secretary shall provide grants to eligible lenders to pay the Federal share of creating a revolving loan program under which loans are provided to commercial and industrial manufacturers to implement commercially available technologies or processes that significantly--

   Inserted: "(A) reduce systems energy intensity, including the use of energy-intensive feedstocks; and

   Inserted: "(B) improve the industrial competitiveness of the United States.

   Inserted: "(2) Eligible lenders.--To be eligible to receive cost-matched Federal funds under this subsection, a lender shall--

   Inserted: "(A) be a community and economic development lender that the Secretary certifies meets the requirements of this subsection;

   Inserted: "(B) lead a partnership that includes participation by, at a minimum--

   Inserted: "(i) a State government agency; and

   Inserted: "(ii) a private financial institution or other provider of loan capital;

   Inserted: "(C) submit an application to the Secretary, and receive the approval of the Secretary, for cost-matched Federal funds to carry out a loan program described in paragraph (1); and

   Inserted: "(D) ensure that non-Federal funds are provided to match, on at least a dollar-for-dollar basis, the amount of Federal funds that are provided to carry out a revolving loan program described in paragraph (1).

   Inserted: "(3) Award.--The amount of cost-matched Federal funds provided to an eligible lender shall not exceed $100,000,000 for any fiscal year.

   Inserted: "(4) Recapture of awards.--

   Inserted: "(A) In general.--An eligible lender that receives an award under paragraph (1) shall be required to repay to the Secretary an amount of cost-match Federal funds, as determined by the Secretary under subparagraph (B), if the eligible lender is unable or unwilling to operate a program described in this subsection for a period of not less than 10 years beginning on the date on which the eligible lender first receives funds made available through the award.

   Inserted: "(B) Determination by secretary.--The Secretary shall determine the amount of cost-match Federal funds that an eligible lender shall be required to repay to the Secretary under subparagraph (A) based on the consideration by the Secretary of--

   Inserted: "(i) the amount of non-Federal funds matched by the eligible lender;

   Inserted: "(ii) the amount of loan losses incurred by the revolving loan program described in paragraph (1); and

   Inserted: "(iii) any other appropriate factor, as determined by the Secretary.

   Inserted: "(C) Use of recaptured cost-match federal funds.--The Secretary may distribute to eligible lenders under this subsection each amount received by the Secretary under this paragraph.

   Inserted: "(5) Eligible projects.--A program for which cost-matched Federal funds are provided under this subsection shall be designed to accelerate the implementation of industrial and commercial applications of technologies or processes (including distributed generation, applications or technologies that use sensors, meters, software, and information networks, controls, and drives or that have been installed pursuant to an energy savings performance contract, project, or strategy) that--

   Inserted: "(A) improve energy efficiency, including improvements in efficiency and use of water, power factor, or load management;

   Inserted: "(B) enhance the industrial competitiveness of the United States; and

   Inserted: "(C) achieve such other goals as the Secretary determines to be appropriate.

   Inserted: "(6) Evaluation.--The Secretary shall evaluate applications for cost-matched Federal funds under this subsection on the basis of--

   Inserted: "(A) the description of the program to be carried out with the cost-matched Federal funds;

   Inserted: "(B) the commitment to provide non-Federal funds in accordance with paragraph (2)(D);

   Inserted: "(C) program sustainability over a 10-year period;

   Inserted: "(D) the capability of the applicant;

   Inserted: "(E) the quantity of energy savings or energy feedstock minimization;

   Inserted: "(F) the advancement of the goal under this Act of 25-percent energy avoidance;

   Inserted: "(G) the ability to fund energy efficient projects not later than 120 days after the date of the grant award; and

   Inserted: "(H) such other factors as the Secretary determines appropriate.

   Inserted: "(7) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $400,000,000 for the period of fiscal years 2012 through 2021.".

   Inserted: SEC. 2302. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT TECHNOLOGIES FOR INDUSTRY.

   Inserted: (a) In General.--As part of the research and development activities of the Industrial Technologies Program of the Department of Energy, the Secretary shall establish, as appropriate, collaborative research and development partnerships with other programs within the Office of Energy Efficiency and Renewable Energy (including the Building Technologies Program), the Office of Electricity Delivery and Energy Reliability, and the Office of Science that--

   Inserted: (1) leverage the research and development expertise of those programs to promote early stage energy efficiency technology development;

   Inserted: (2) support the use of innovative manufacturing processes and applied research for development, demonstration, and commercialization of new technologies and processes to improve efficiency (including improvements in efficient use of water), reduce emissions, reduce industrial waste, and improve industrial cost-competitiveness; and

   Inserted: (3) apply the knowledge and expertise of the Industrial Technologies Program to help achieve the program goals of the other programs.

   Inserted: (b) Reports.--Not later than 2 years after the date of enactment of this Act and biennially thereafter, the Secretary shall submit to Congress a report that describes actions taken to carry out subsection (a) and the results of those actions.

   Inserted: SEC. 2303. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL ENERGY EFFICIENCY.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Industrial energy efficiency.--The term "industrial energy efficiency" means the energy efficiency derived from commercial technologies and measures to improve energy efficiency or to generate or transmit electric power and heat, including electric motor efficiency improvements, demand response, direct or indirect combined heat and power, and waste heat recovery.

   Inserted: (2) Industrial sector.--The term "industrial sector" means any subsector of the manufacturing sector (as defined in North American Industry Classification System codes 31-33 (as in effect on the date of enactment of this Act)) establishments of which have, or could have, thermal host facilities with electricity requirements met in whole, or in part, by onsite electricity generation, including direct and indirect combined heat and power or waste recovery.

   Inserted: (3) Secretary.--The term "Secretary" means the Secretary of Energy.

   Inserted: (b) Report on the Deployment of Industrial Energy Efficiency.--

   Inserted: (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing--

   Inserted: (A) the results of the study conducted under paragraph (2); and

   Inserted: (B) recommendations and guidance developed under paragraph (3).

   Inserted: (2) Study.--The Secretary, in coordination with the industrial sector, shall conduct a study of the following:

   Inserted: (A) The legal, regulatory, and economic barriers to the deployment of industrial energy efficiency in all electricity markets (including organized wholesale electricity markets, and regulated electricity markets), including, as applicable, the following:

   Inserted: (i) Transmission and distribution interconnection requirements.

   Inserted: (ii) Standby, back-up, and maintenance fees (including demand ratchets).

   Inserted: (iii) Exit fees.

   Inserted: (iv) Life of contract demand ratchets.

   Inserted: (v) Net metering.

   Inserted: (vi) Calculation of avoided cost rates.

   Inserted: (vii) Power purchase agreements.

   Inserted: (viii) Energy market structures.

   Inserted: (ix) Capacity market structures.

   Inserted: (x) Other barriers as may be identified by the Secretary, in coordination with the industrial sector.

   Inserted: (B) Examples of --

   Inserted: (i) successful State and Federal policies that resulted in greater use of industrial energy efficiency;

   Inserted: (ii) successful private initiatives that resulted in greater use of industrial energy efficiency; and

   Inserted: (iii) cost-effective policies used by foreign countries to foster industrial energy efficiency.

   Inserted: (C) The estimated economic benefits to the national economy of providing the industrial sector with Federal energy efficiency matching grants of $5,000,000,000 for 5- and 10-year periods, including benefits relating to--

   Inserted: (i) estimated energy and emission reductions;

   Inserted: (ii) direct and indirect jobs saved or created;

   Inserted: (iii) direct and indirect capital investment;

   Inserted: (iv) the gross domestic product; and

   Inserted: (v) trade balance impacts.

   Inserted: (D) The estimated energy savings available from increased use of recycled material in energy-intensive manufacturing processes.

   Inserted: (3) Recommendations and guidance.--The Secretary, in coordination with the industrial sector, shall develop policy recommendations regarding the deployment of industrial energy efficiency, including proposed regulatory guidance to States and relevant Federal agencies to address barriers to deployment.

   Inserted: SEC. 2304. FUTURE OF INDUSTRY PROGRAM.

   Inserted: (a) In General.--Section 452 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111) is amended by striking the section heading and inserting the following: "future of industry program".

   Inserted: (b) Definition of Energy Service Provider.--Section 452(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(a)) is amended--

   Inserted: (1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and

   Inserted: (2) by inserting after paragraph (3):

   Inserted: "(5) Energy service provider.--The term 'energy service provider' means any private company or similar entity providing technology or services to improve energy efficiency in an energy-intensive industry.".

   Inserted: (c) Industrial Research and Assessment Centers.--

   Inserted: (1) In general.--Section 452(e) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(e)) is amended--

   Inserted: (A) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately;

   Inserted: (B) by striking "The Secretary" and inserting the following:

   Inserted: "(1) In general.--The Secretary";

   Inserted: (C) in subparagraph (A) (as redesignated by subparagraph (A)), by inserting before the semicolon at the end the following: ", including assessments of sustainable manufacturing goals and the implementation of information technology advancements for supply chain analysis, logistics, system monitoring, industrial and manufacturing processes, and other purposes"; and

   Inserted: (D) by adding at the end the following:

   Inserted: "(2) Centers of excellence.--

   Inserted: "(A) In general.--The Secretary shall establish a Center of Excellence at up to 10 of the highest performing industrial research and assessment centers, as determined by the Secretary.

   Inserted: "(B) 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.

   Inserted: "(C) Funding.--Subject to the availability of appropriations, of the funds made available under subsection (f), the Secretary shall use to support each Center of Excellence not less than $500,000 for fiscal year 2012 and each fiscal year thereafter, as determined by the Secretary.

   Inserted: "(3) Expansion of centers.--The Secretary shall provide funding to establish additional industrial research and assessment centers at institutions of higher education that do not have industrial research and assessment centers established under paragraph (1), taking into account the size of, and potential energy efficiency savings for, the manufacturing base within the region of the proposed center.

   Inserted: "(4) Coordination.--

   Inserted: "(A) In general.--To increase the value and capabilities of the industrial research and assessment centers, the centers shall--

   Inserted: "(i) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology;

   Inserted: "(ii) coordinate with the Building Technologies Program of the Department of Energy to provide building assessment services to manufacturers;

   Inserted: "(iii) increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise and technologies of the National Laboratories for national industrial and manufacturing needs;

   Inserted: "(iv) 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;

   Inserted: "(v) identify opportunities for reducing greenhouse gas emissions; and

   Inserted: "(vi) promote sustainable manufacturing practices for small- and medium-sized manufacturers.

   Inserted: "(5) Outreach.--The Secretary shall provide funding for--

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

   Inserted: "(B) a full-time equivalent employee at each center of excellence whose primary mission shall be to coordinate and leverage the efforts of the center with--

   Inserted: "(i) Federal and State efforts;

   Inserted: "(ii) the efforts of utilities and energy service providers;

   Inserted: "(iii) the efforts of regional energy efficiency organizations; and

   Inserted: "(iv) the efforts of other centers in the region of the center of excellence.

   Inserted: "(6) Workforce training.--

   Inserted: "(A) In general.--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.

   Inserted: "(B) Federal share.--The Federal share of the cost of carrying out internship programs described in subparagraph (A) shall be 50 percent.

   Inserted: "(C) Funding.--Subject to the availability of appropriations, of the funds made available under subsection (f), the Secretary shall use to carry out this paragraph not less than $5,000,000 for fiscal year 2012 and each fiscal year thereafter.

   Inserted: "(7) Small business loans.--The Administrator of the Small Business Administration shall, to the maximum practicable, expedite consideration of applications from eligible small business concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.) to implement recommendations of industrial research and assessment centers established under paragraph (1).".

   Inserted: SEC. 2305. SUSTAINABLE MANUFACTURING INITIATIVE.

   Inserted: (a) In General.--Part E of title III of the Energy Policy and Conservation Act (42 U.S.C. 6341) is amended by adding at the end the following:

   Inserted: "SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.

   Inserted: "(a) In General.--As part of the Industrial Technologies Program of the Department of Energy, the Secretary shall carry out a sustainable manufacturing initiative under which the Secretary, on the request of a manufacturer, shall conduct onsite technical assessments to identify opportunities for--

   Inserted: "(1) maximizing the energy efficiency of industrial processes and cross-cutting systems;

   Inserted: "(2) preventing pollution and minimizing waste;

   Inserted: "(3) improving efficient use of water in manufacturing processes;

   Inserted: "(4) conserving natural resources; and

   Inserted: "(5) achieving such other goals as the Secretary determines to be appropriate.

   Inserted: "(b) Coordination.--The Secretary shall carry out the initiative in coordination with the private sector and appropriate agencies, including the National Institute of Standards and Technology to accelerate adoption of new and existing technologies or processes that improve energy efficiency.

   Inserted: "(c) Research and Development Program for Sustainable Manufacturing and Industrial Technologies and Processes.--As part of the Industrial Technologies Program 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 systems, reduce pollution, and conserve natural resources.

   Inserted: "(d) Authorization of Appropriations.--There is authorized to be to carry out this section $10,000,000 for the period of fiscal years 2012 through 2021.".

   Inserted: (b) Table of Contents.--The table of contents of the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the end of the items relating to part E of title III the following:

   Inserted: "Sec. 376. Sustainable manufacturing initiative.".

   Inserted: SEC. 2306. STUDY OF ADVANCED ENERGY TECHNOLOGY MANUFACTURING CAPABILITIES IN THE UNITED STATES.

   Inserted: (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a study of the development of advanced manufacturing capabilities for various energy technologies, including--

   Inserted: (1) an assessment of the manufacturing supply chains of established and emerging industries;

   Inserted: (2) an analysis of--

   Inserted: (A) the manner in which supply chains have changed over the 25-year period ending on the date of enactment of this Act;

   Inserted: (B) current trends in supply chains; and

   Inserted: (C) the energy intensity of each part of the supply chain and opportunities for improvement;

   Inserted: (3) for each technology or manufacturing sector, an analysis of which sections of the supply chain are critical for the United States to retain or develop to be competitive in the manufacturing of the technology;

   Inserted: (4) an assessment of which emerging energy technologies the United States should focus on to create or enhance manufacturing capabilities; and

   Inserted: (5) recommendations on leveraging the expertise of energy efficiency and renewable energy user facilities so that best materials and manufacturing practices are designed and implemented.

   Inserted: (b) Report.--Not later than 2 years after the date on which the Secretary enters into the agreement with the Academy described in subsection (a), the Academy shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Secretary a report describing the results of the study required under this section, including any findings and recommendations.

   Inserted: SEC. 2307. INDUSTRIAL TECHNOLOGIES STEERING COMMITTEE.

   Inserted: The Secretary shall establish an advisory steering committee that includes national trade associations representing energy-intensive industries or energy service providers to provide recommendations to the Secretary on planning and implementation of the Industrial Technologies Program of the Department of Energy.

   Inserted: Subtitle B--Supply Star SEC. 2311. SUPPLY STAR.

   Inserted: Part B of title III of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended by inserting after section 324A (42 U.S.C. 6294a) the following:

   Inserted: "SEC. 324B. SUPPLY STAR PROGRAM.

   Inserted: "(a) In General.--There is established within the Department of Energy a Supply Star program to identify and promote practices, recognize companies, and, as appropriate, recognize products that use highly efficient supply chains in a manner that conserves energy, water, and other resources.

   Inserted: "(b) Coordination.--In carrying out the program described in subsection (a), the Secretary shall--

   Inserted: "(1) consult with other appropriate agencies; and

   Inserted: "(2) coordinate efforts with the Energy Star program established under section 324A.

   Inserted: "(c) Duties.--In carrying out the Supply Star program described in subsection (a), the Secretary shall--

   Inserted: "(1) promote practices, recognize companies, and, as appropriate, recognize products that comply with the Supply Star program as the preferred practices, companies, and products in the marketplace for maximizing supply chain efficiency;

   Inserted: "(2) work to enhance industry and public awareness of the Supply Star program;

   Inserted: "(3) collect and disseminate data on supply chain energy resource consumption;

   Inserted: "(4) develop and disseminate metrics, processes, and analytical tools (including software) for evaluating supply chain energy resource use;

   Inserted: "(5) develop guidance at the sector level for improving supply chain efficiency;

   Inserted: "(6) work with domestic and international organizations to harmonize approaches to analyzing supply chain efficiency, including the development of a consistent set of tools, templates, calculators, and databases; and

   Inserted: "(7) work with industry, including small businesses, to improve supply chain efficiency through activities that include--

   Inserted: "(A) developing and sharing best practices; and

   Inserted: "(B) providing opportunities to benchmark supply chain efficiency.

   Inserted: "(d) Evaluation.--In any evaluation of supply chain efficiency carried out by the Secretary with respect to a specific product, the Secretary shall consider energy consumption and resource use throughout the entire lifecycle of a product, including production, transport, packaging, use, and disposal.

   Inserted: "(e) Grants and Incentives.--

   Inserted: "(1) In general.--The Secretary may award grants or other forms of incentives on a competitive basis to eligible entities, as determined by the Secretary, for the purposes of--

   Inserted: "(A) studying supply chain energy resource efficiency; and

   Inserted: "(B) demonstrating and achieving reductions in the energy resource consumption of commercial products through changes and improvements to the production supply and distribution chain of the products.

   Inserted: "(2) Use of information.--Any information or data generated as a result of the grants or incentives described in paragraph (1) shall be used to inform the development of the Supply Star Program.

   Inserted: "(f) Training.--The Secretary shall use funds to support professional training programs to develop and communicate methods, practices, and tools for improving supply chain efficiency.

   Inserted: "(g) Effect of Impact on Climate Change.--For purposes of this section, the impact on climate change shall not be a factor in determining supply chain efficiency.

   Inserted: "(h) Effect of Outsourcing of American Jobs.--For purposes of this section, the outsourcing of American jobs in the production of a product shall not count as a positive factor in determining supply chain efficiency.

   Inserted: "(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2012 through 2021.".

   Inserted: Subtitle C--Electric Motor Rebate Program SEC. 2321. ENERGY SAVING MOTOR CONTROL REBATE PROGRAM.

   Inserted: (a) Establishment.--Not later than January 1, 2012, the Secretary of Energy (referred to in this section as the "Secretary") shall establish a program to provide rebates for expenditures made by entities for the purchase and installation of a new constant speed electric motor control that reduces motor energy use by not less than 5 percent.

   Inserted: (b) Requirements.--

   Inserted: (1) Application.--To be eligible to receive a rebate under this section, an entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require, including--

   Inserted: (A) demonstrated evidence that the entity purchased a constant speed electric motor control that reduces motor energy use by not less than 5 percent; and

   Inserted: (B) the physical nameplate of the installed motor of the entity to which the energy saving motor control is attached.

   Inserted: (2) Authorized amount of rebate.--The Secretary may provide to an entity that meets the requirements of paragraph (1) a rebate the amount of which shall be equal to the product obtained by multiplying--

   Inserted: (A) the nameplate horsepower of the electric motor to which the energy saving motor control is attached; and

   Inserted: (B) $25.

   Inserted: (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2012 and 2013, to remain available until expended.

   Inserted: Subtitle D--Transformer Rebate Program SEC. 2331. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.

   Inserted: (a) Definition of Qualified Transformer.--In this section, the term "qualified transformer" means a transformer that meets or exceeds the National Electrical Manufacturers Association (NEMA) Premium Efficiency designation, calculated to 2 decimal points, as having 30 percent fewer losses than the NEMA TP-1-2002 efficiency standard for a transformer of the same number of phases and capacity, as measured in kilovolt-amperes.

   Inserted: (b) Establishment.--Not later than January 1, 2012, the Secretary of Energy (referred to in this section as the "Secretary") shall establish a program to provide rebates for expenditures made by owners of commercial buildings and multifamily residential buildings for the purchase and installation of a new energy efficient transformers.

   Inserted: (c) Requirements.--

   Inserted: (1) Application.--To be eligible to receive a rebate under this section, an owner shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require, including demonstrated evidence that the owner purchased a qualified transformer.

   Inserted: (2) Authorized amount of rebate.--For qualified transformers, rebates, in dollars per kilovolt-ampere (referred to in this paragraph as "kVA") shall be--

   Inserted: (A) for 3-phase transformers--

   Inserted: (i) with a capacity of not greater than 10 kVA, $15;

   Inserted: (ii) with a capacity of not less than 10 kVA and not greater than 100 kVA, the difference between 15 and the quotient obtained by dividing--

   Inserted: (I) the difference between--

   Inserted: (aa) the capacity of the transformer in kVA; and

   Inserted: (bb) 10; by

   Inserted: (II) 9; and

   Inserted: (iii) with a capacity greater than or equal to 100 kVA, $5; and

   Inserted: (B) for single-phase transformers, 75 percent of the rebate for a 3-phase transformer of the same capacity.

   Inserted: (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2012 and 2013, to remain available until expended.

   Inserted: TITLE IV--FEDERAL AGENCY ENERGY EFFICIENCY

   Inserted: SEC. 2401. ADOPTION OF PERSONAL COMPUTER POWER SAVINGS TECHNIQUES BY FEDERAL AGENCIES.

   Inserted: (a) In General.--Not later than 360 days after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the Administrator of General Services, shall issue guidance for Federal agencies to employ advanced tools allowing energy savings through the use of computer hardware, energy efficiency software, and power management tools.

   Inserted: (b) Reports on Plans and Savings.--Not later than 180 days after the date of the issuance of the guidance under subsection (a), each Federal agency shall submit to the Secretary of Energy a report that describes--

   Inserted: (1) the plan of the agency for implementing the guidance within the agency; and

   Inserted: (2) estimated energy and financial savings from employing the tools described in subsection (a).

   Inserted: SEC. 2402. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.

   Inserted: Section 3307 of title 40, United States Code, is amended--

   Inserted: (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and

   Inserted: (2) by inserting after subsection (c) the following:

   Inserted: "(d) Availability of Funds for Design Updates.--

   Inserted: "(1) In general.--Subject to paragraph (2), for any project for which congressional approval is received under subsection (a) and for which the design has been substantially completed but construction has not begun, the Administrator of General Services may use appropriated funds to update the project design to meet applicable Federal building energy efficiency standards established under section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834) and other requirements established under section 3312.

   Inserted: "(2) Limitation.--The use of funds under paragraph (1) shall not exceed 125 percent of the estimated energy or other cost savings associated with the updates as determined by a life-cycle cost analysis under section 544 of the National Energy Conservation Policy Act (42 U.S.C. 8254).".

   Inserted: SEC. 2403. BEST PRACTICES FOR ADVANCED METERING.

   Inserted: Section 543(e) of the National Energy Conservation Policy Act (42 U.S.C. 8253(e) is amended by striking paragraph (3) and inserting the following:

   Inserted: "(3) Plan.--

   Inserted: "(A) In general.--Not later than 180 days after the date on which guidelines are established under paragraph (2), in a report submitted by the agency under section 548(a), each agency shall submit to the Secretary a plan describing the manner in which the agency will implement the requirements of paragraph (1), including--

   Inserted: "(i) how the agency will designate personnel primarily responsible for achieving the requirements; and

   Inserted: "(ii) a demonstration by the agency, complete with documentation, of any finding that advanced meters or advanced metering devices (as those terms are used in paragraph (1)), are not practicable.

   Inserted: "(B) Updates.--Reports submitted under subparagraph (A) shall be updated annually.

   Inserted: "(4) Best practices report.--

   Inserted: "(A) In general.--Not later than 180 days after the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2012, the Secretary of Energy, in consultation with the Secretary of Defense and the Administrator of General Services, shall develop, and issue a report on, best practices for the use of advanced metering of energy use in Federal facilities, buildings, and equipment by Federal agencies.

   Inserted: "(B) Updating.--The report described under subparagraph (A) shall be updated annually.

   Inserted: "(C) Components.--The report shall include, at a minimum--

   Inserted: "(i) summaries and analysis of the reports by agencies under paragraph (3);

   Inserted: "(ii) recommendations on standard requirements or guidelines for automated energy management systems, including--

   Inserted: "(I) potential common communications standards to allow data sharing and reporting;

   Inserted: "(II) means of facilitating continuous commissioning of buildings and evidence-based maintenance of buildings and building systems; and

   Inserted: "(III) standards for sufficient levels of security and protection against cyber threats to ensure systems cannot be controlled by unauthorized persons; and

   Inserted: "(iii) an analysis of--

   Inserted: "(I) the types of advanced metering and monitoring systems being piloted, tested, or installed in Federal buildings; and

   Inserted: "(II) existing techniques used within the private sector or other non-Federal government buildings.".

   Inserted: SEC. 2404. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION STANDARD.

   Inserted: Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended--

   Inserted: (1) by redesignating the second subsection (f) (as added by section 434(a) of Public Law 110-140 (121 Stat. 1614)) as subsection (g); and

   Inserted: (2) in subsection (f)(7), by striking subparagraph (A) and inserting the following:

   Inserted: "(A) In general.--For each facility that meets the criteria established by the Secretary under paragraph (2)(B), the energy manager shall use the web-based tracking system under subparagraph (B)--

   Inserted: "(i) to certify compliance with the requirements for--

   Inserted: "(I) energy and water evaluations under paragraph (3);

   Inserted: "(II) implementation of identified energy and water measures under paragraph (4); and

   Inserted: "(III) follow-up on implemented measures under paragraph (5); and

   Inserted: "(ii) to publish energy and water consumption data on an individual facility basis.".

   Inserted: SEC. 2405. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE.

   Inserted: Section 804(4) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(4)) is amended--

   Inserted: (1) in subparagraph (A), by striking "or" after the semicolon;

   Inserted: (2) in subparagraph (B), by striking the period at the end and inserting "; or"; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(C) a measure to support the use of electric vehicles or the fueling or charging infrastructure necessary for electric vehicles.".

   Inserted: SEC. 2406. FEDERAL PURCHASE REQUIREMENT.

   Inserted: Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is amended--

   Inserted: (1) in subsections (a) and (b)(2), by striking "electric energy" each place it appears and inserting "electric, direct, and thermal energy";

   Inserted: (2) in subsection (b)(2)--

   Inserted: (A) by inserting ", or avoided by," after "generated from"; and

   Inserted: (B) by inserting "(including ground-source, reclaimed, and ground water)"after "geothermal";

   Inserted: (3) by redesignating subsection (d) as subsection (e); and

   Inserted: (4) by inserting after subsection (c) the following:

   Inserted: "(d) Separate Calculation.--Renewable energy produced at a Federal facility, on Federal land, or on Indian land (as defined in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501))--

   Inserted: "(1) shall be calculated (on a BTU-equivalent basis) separately from renewable energy used; and

   Inserted: "(2) may be used individually or in combination to comply with subsection (a).".

   Inserted: SEC. 2407. STUDY ON FEDERAL DATA CENTER CONSOLIDATION.

   Inserted: (a) In General.--The Secretary of Energy shall conduct a study on the feasibility of a government-wide data center consolidation, with an overall Federal target of a minimum of 800 Federal data center closures by October 1, 2015.

   Inserted: (b) Coordination.--In conducting the study, the Secretary shall coordinate with Federal data center program managers, facilities managers, and sustainability officers.

   Inserted: (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the results of the study, including a description of agency best practices in data center consolidation.

   Inserted: TITLE V--MISCELLANEOUS

   Inserted: SEC. 2501. OFFSETS.

   Inserted: (a) Zero-Net Energy Commercial Buildings Initiative.--Section 422(f) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082(f)) is amended by striking paragraphs (2) through (4) and inserting the following:

   Inserted: "(2) $50,000,000 for each of fiscal years 2009 through 2012;

   Inserted: "(3) $100,000,000 for fiscal year 2013; and

   Inserted: "(4) $200,000,000 for each of fiscal years 2014 through 2018.".

   Inserted: (b) Energy Sustainability and Efficiency Grants and Loans for Institutions.--Subsection (j) of section 399A of the Energy Policy and Conservation Act (42 U.S.C. 6371h-1) (as redesignated by section 2301(2)) is amended--

   Inserted: (1) in paragraph (1), by striking "through 2013" and inserting "and 2010, $100,000,000 for each of fiscal years 2011 and 2012, and $250,000,000 for fiscal year 2013"; and

   Inserted: (2) in paragraph (2), by striking "through 2013" and inserting "and 2010, $100,000,000 for each of fiscal years 2011 and 2012, and $425,000,000 for fiscal year 2013".

   Inserted: (c) Waste Energy Recovery Incentive Program.--Section 373(f)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6343(f)(1)) is amended--

   Inserted: (1) by redesignating subparagraph (B) as subparagraph (D); and

   Inserted: (2) by striking subparagraph (A) and inserting the following:

   Inserted: "(A) $100,000,000 for fiscal year 2008;

   Inserted: "(B) $200,000,000 for each of fiscal years 2009 and 2010;

   Inserted: "(C) $100,000,000 for each of fiscal years 2011 and 2012; and".

   Inserted: (d) Energy-intensive Industries Program.--Section 452(f)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(f)(1)) is amended--

   Inserted: (1) in subparagraph (D), by striking "$202,000,000" and inserting "$102,000,000"; and

   Inserted: (2) in subparagraph (E), by striking "$208,000,000" and inserting "$108,000,000".

   Inserted: SEC. 2502. BUDGETARY EFFECTS.

   Inserted: The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

   Inserted: SEC. 2503. ADVANCE APPROPRIATIONS REQUIRED.

   Inserted: The authorization of amounts under this division and the amendments made by this division shall be effective for any fiscal year only to the extent and in the amount provided in advance in appropriations Acts.

   Original wording

   At the end of the bill, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed