To improve the bill.

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

SA 2862. Mr. PRYOR (for Mrs. Shaheen) proposed an amendment to the
bill H.R. 4850, to allow for innovations and alternative technologies
that meet or exceed desired energy efficiency goals.

       At the end of the bill, add the following:

                 TITLE II--INDUSTRIAL ENERGY EFFICIENCY

     SEC. 201. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY
                   EFFICIENT TECHNOLOGIES FOR INDUSTRY.

       (a) In General.--As part of the research and development
     activities of the Industrial Technologies Program of the
     Department of Energy, the Secretary of Energy (referred to in
     this title as 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--
       (1) leverage the research and development expertise of
     those programs to promote early stage energy efficiency
     technology development;
       (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
       (3) apply the knowledge and expertise of the Industrial
     Technologies Program to help achieve the program goals of the
     other programs.
       (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.

     SEC. 202. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL
                   ENERGY EFFICIENCY.

       (a) Definitions.--In this section:
       (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.
       (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.
       (b) Report on the Deployment of Industrial Energy
     Efficiency.--
       (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--
       (A) the results of the study conducted under paragraph (2);
     and
       (B) recommendations and guidance developed under paragraph
     (3).
       (2) Study.--The Secretary, in coordination with the
     industrial sector, shall conduct a study of the following:
       (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:
       (i) Transmission and distribution interconnection
     requirements.
       (ii) Standby, back-up, and maintenance fees (including
     demand ratchets).
       (iii) Exit fees.
       (iv) Life of contract demand ratchets.
       (v) Net metering.
       (vi) Calculation of avoided cost rates.
       (vii) Power purchase agreements.
       (viii) Energy market structures.
       (ix) Capacity market structures.
       (x) Other barriers as may be identified by the Secretary,
     in coordination with the industrial sector.
       (B) Examples of --
       (i) successful State and Federal policies that resulted in
     greater use of industrial energy efficiency;
       (ii) successful private initiatives that resulted in
     greater use of industrial energy efficiency; and
       (iii) cost-effective policies used by foreign countries to
     foster industrial energy efficiency.
       (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--
       (i) estimated energy and emission reductions;
       (ii) direct and indirect jobs saved or created;
       (iii) direct and indirect capital investment;
       (iv) the gross domestic product; and
       (v) trade balance impacts.
       (D) The estimated energy savings available from increased
     use of recycled material in energy-intensive manufacturing
     processes.
       (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.

     SEC. 203. STUDY OF ADVANCED ENERGY TECHNOLOGY MANUFACTURING
                   CAPABILITIES IN THE UNITED STATES.

       (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--
       (1) an assessment of the manufacturing supply chains of
     established and emerging industries;
       (2) an analysis of--
       (A) the manner in which supply chains have changed over the
     25-year period ending on the date of enactment of this Act;
       (B) current trends in supply chains; and
       (C) the energy intensity of each part of the supply chain
     and opportunities for improvement;
       (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;
       (4) an assessment of which emerging energy technologies the
     United States should focus on to create or enhance
     manufacturing capabilities; and
       (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.
       (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.

     SEC. 204. INDUSTRIAL TECHNOLOGIES STEERING COMMITTEE.

       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.

              TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY

     SEC. 301. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.

       Section 3307 of title 40, United States Code, is amended--
       (1) by redesignating subsections (d) through (h) as
     subsections (e) through (i), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Availability of Funds for Design Updates.--
       ``(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.
       ``(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).''.

     SEC. 302. BEST PRACTICES FOR ADVANCED METERING.

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

[[Page S6652]]

     amended by striking paragraph (3) and inserting the
     following:
       ``(3) Plan.--
       ``(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--
       ``(i) how the agency will designate personnel primarily
     responsible for achieving the requirements; and
       ``(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.
       ``(B) Updates.--Reports submitted under subparagraph (A)
     shall be updated annually.
       ``(4) Best practices report.--
       ``(A) In general.--Not later than 180 days after the date
     of enactment of this paragraph, 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.
       ``(B) Updating.--The report described under subparagraph
     (A) shall be updated annually.
       ``(C) Components.--The report shall include, at a minimum--
       ``(i) summaries and analysis of the reports by agencies
     under paragraph (3);
       ``(ii) recommendations on standard requirements or
     guidelines for automated energy management systems,
     including--

       ``(I) potential common communications standards to allow
     data sharing and reporting;
       ``(II) means of facilitating continuous commissioning of
     buildings and evidence-based maintenance of buildings and
     building systems; and
       ``(III) standards for sufficient levels of security and
     protection against cyber threats to ensure systems cannot be
     controlled by unauthorized persons; and

       ``(iii) an analysis of--

       ``(I) the types of advanced metering and monitoring systems
     being piloted, tested, or installed in Federal buildings; and
       ``(II) existing techniques used within the private sector
     or other non-Federal government buildings.''.

     SEC. 303. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION
                   STANDARD.

       Section 543 of the National Energy Conservation Policy Act
     (42 U.S.C. 8253) is amended--
       (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
       (2) in subsection (f)(7), by striking subparagraph (A) and
     inserting the following:
       ``(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)--
       ``(i) to certify compliance with the requirements for--

       ``(I) energy and water evaluations under paragraph (3);
       ``(II) implementation of identified energy and water
     measures under paragraph (4); and
       ``(III) follow-up on implemented measures under paragraph
     (5); and

       ``(ii) to publish energy and water consumption data on an
     individual facility basis.''.

     SEC. 304. FEDERAL PURCHASE REQUIREMENT.

       Section 203 of the Energy Policy Act of 2005 (42 U.S.C.
     15852) is amended--
       (1) in subsections (a) and (b)(2), by striking ``electric
     energy'' each place it appears and inserting ``electric,
     direct, and thermal energy'';
       (2) in subsection (b)(2)--
       (A) by inserting ``, or avoided by,'' after ``generated
     from''; and
       (B) by inserting ``(including ground-source, reclaimed, and
     ground water)''after ``geothermal'';
       (3) by redesignating subsection (d) as subsection (e); and
       (4) by inserting after subsection (c) the following:
       ``(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))--
       ``(1) shall be calculated (on a BTU-equivalent basis)
     separately from renewable energy used; and
       ``(2) may be used individually or in combination to comply
     with subsection (a).''.

     SEC. 305. STUDY ON FEDERAL DATA CENTER CONSOLIDATION.

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