text of h.r. 4447 - docs.house.gov€¦ · 21/09/2020 · 9 and on-the-job training for the...

SEPTEMBER 15, 2020

RULES COMMITTEE PRINT 116–63

TEXT OF H.R. 4447

[Showing the text of the Clean Economy Jobs and Innovation Act.]

SECTION 1. SHORT TITLE. 1

(a) SHORT TITLE.—This Act may be cited as the 2

‘‘Clean Economy Jobs and Innovation Act’’. 3

(b) TABLE OF CONTENTS.—The table of contents for 4

this Act is as follows: 5

Sec. 1. Short title.

TITLE I—ENERGY EFFICIENCY

Subtitle A—Buildings

PART 1—BUILDING ENERGY CODES

Sec. 1101. Greater energy efficiency in building codes. Sec. 1102. Cost-effective codes implementation for efficiency and resilience. Sec. 1103. Commercial building energy consumption information sharing.

PART 2—WORKER TRAINING AND CAPACITY BUILDING

Sec. 1111. Building training and assessment centers. Sec. 1112. Career skills training.

PART 3—SCHOOL BUILDINGS

Sec. 1121. Coordination of energy retrofitting assistance for schools.

Subtitle B—Industrial Efficiency and Competitiveness

PART 1—MANUFACTURING ENERGY EFFICIENCY

Sec. 1201. Purposes. Sec. 1202. Future of Industry program and industrial research and assessment

centers. Sec. 1203. Sustainable manufacturing initiative. Sec. 1204. Conforming amendments.

PART 2—EXTENDED PRODUCT SYSTEM REBATE PROGRAM

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2 Sec. 1211. Extended Product System Rebate Program.

PART 3—TRANSFORMER REBATE PROGRAM

Sec. 1221. Energy Efficient Transformer Rebate Program.

Subtitle C—Federal Agency Energy Efficiency

Sec. 1301. Energy-efficient and energy-saving information technologies. Sec. 1302. Energy efficient data centers.

Subtitle D—Regulatory Provisions

PART 1—FEDERAL GREEN BUILDINGS

Sec. 1401. High-performance green Federal buildings.

PART 2—ENERGY AND WATER PERFORMANCE REQUIREMENTS FOR FEDERAL BUILDINGS

Sec. 1411. Federal Energy Management Program. Sec. 1412. Federal building energy efficiency performance standards; certifi-

cation system and level for green buildings.

Subtitle E—HOPE for HOMES

Sec. 1501. Definitions.

PART 1—HOPE TRAINING

Sec. 1511. Notice for HOPE Qualification training and grants. Sec. 1512. Course criteria. Sec. 1513. HOPE Qualification. Sec. 1514. Grants. Sec. 1515. Authorization of appropriations.

PART 2—HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM

Sec. 1521. Establishment of Home Energy Savings Retrofit Rebate Program. Sec. 1522. Partial system rebates. Sec. 1523. State administered rebates. Sec. 1524. Special provisions for moderate income households. Sec. 1525. Evaluation reports to Congress. Sec. 1526. Administration. Sec. 1527. Authorization of appropriations.

PART 3—GENERAL PROVISIONS

Sec. 1531. Appointment of personnel. Sec. 1532. Maintenance of funding.

Subtitle F—Weatherization

Sec. 1601. Weatherization assistance program. Sec. 1602. Report on waivers.

Subtitle G—Energy and Water Research Integration

Sec. 1701. Integrating energy and water research. Sec. 1702. Energy-water oversight and coordination.



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3 Sec. 1703. Rule of construction. Sec. 1704. Coordination and nonduplication. Sec. 1705. Definitions.

Subtitle H—Other Matters

Sec. 1801. Modifications to the ceiling fan energy conservation standard. Sec. 1802. Smart energy and water efficiency program. Sec. 1803. Energy Efficiency and Conservation Block Grant Program. Sec. 1804. Energy efficient public buildings. Sec. 1805. Smart buildings.

TITLE II—RENEWABLE ENERGY

Subtitle A—Energy Storage

PART 1—CONSIDERATION OF ENERGY STORAGE SYSTEMS

Sec. 2101. Consideration of energy storage systems. Sec. 2102. Coordination of programs.

PART 2—ENERGY STORAGE AND MICROGRID PROJECTS

Sec. 2121. Definitions. Sec. 2122. Energy storage and microgrid assistance program. Sec. 2123. Authorization of appropriations.

Subtitle B—Dam Safety

Sec. 2201. Hydroelectric production incentives and efficiency improvements. Sec. 2202. FERC briefing on Edenville Dam and Sanford Dam failures. Sec. 2203. Dam safety conditions. Sec. 2204. Dam safety requirements. Sec. 2205. Viability procedures. Sec. 2206. FERC dam safety technical conference with States. Sec. 2207. Required dam safety communications between FERC and States.

Subtitle C—Distributed Renewable Energy

Sec. 2301. Definitions. Sec. 2302. Establishment or designation of the Distributed Energy Opportunity

Board. Sec. 2303. Distributed Energy Opportunity Communities. Sec. 2304. Authorization of appropriations.

Subtitle D—Low-income Solar

Sec. 2401. Grant program for solar installations located in, or that serve, low- income and underserved areas.

Subtitle E—Research and Development

PART 1—SOLAR ENERGY RESEARCH AND DEVELOPMENT

Sec. 2501. Definitions. Sec. 2502. Solar energy research and development. Sec. 2503. Solar energy demonstration projects. Sec. 2504. Next generation solar energy manufacturing initiative. Sec. 2505. Photovoltaic device recycling research and development.



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4 Sec. 2506. Authorization of appropriations.

PART 2—WIND ENERGY RESEARCH AND DEVELOPMENT

Sec. 2521. Definitions. Sec. 2522. Wind energy research and development. Sec. 2523. Wind energy technology validation and market transformation pro-

gram. Sec. 2524. Wind energy incubator funding. Sec. 2525. Mitigating regulatory and market barriers. Sec. 2526. Authorization of appropriations.

PART 3—ADVANCED GEOTHERMAL RESEARCH AND DEVELOPMENT

Sec. 2541. Definitions. Sec. 2542. Hydrothermal research and development. Sec. 2543. General geothermal systems research and development. Sec. 2544. Enhanced geothermal systems research and development. Sec. 2545. Geothermal heat pumps and direct use. Sec. 2546. Cost sharing and proposal evaluation. Sec. 2547. Advanced geothermal computing and data science research and de-

velopment. Sec. 2548. Geothermal workforce development. Sec. 2549. Organization and administration of programs. Sec. 2550. Repeals. Sec. 2551. Authorization of appropriations. Sec. 2552. International geothermal energy development. Sec. 2553. Reauthorization of High Cost Region Geothermal Energy Grant

Program.

PART 4—WATER POWER RESEARCH AND DEVELOPMENT ACT

Sec. 2561. Water power research and development. Sec. 2562. Conforming amendments.

Subtitle F—Public Lands Renewable Energy Development

Sec. 2601. Definitions. Sec. 2602. Land use planning; supplements to programmatic environmental im-

pact statements. Sec. 2603. Environmental review on covered land. Sec. 2604. Program to improve renewable energy project permit coordination. Sec. 2605. Increasing economic certainty. Sec. 2606. Limited grandfathering. Sec. 2607. Renewable energy goal. Sec. 2608. Disposition of revenues. Sec. 2609. Promoting and enhancing development of geothermal energy. Sec. 2610. Facilitation of coproduction of geothermal energy on oil and gas

leases. Sec. 2611. Noncompetitive leasing of adjoining areas for development of geo-

thermal resources. Sec. 2612. Savings clause.

TITLE III—CARBON POLLUTION REDUCTION TECHNOLOGIES

Subtitle A—Fossil Energy Research and Development




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5 Sec. 3102. Fossil energy objectives. Sec. 3103. Carbon capture technologies. Sec. 3104. Natural gas carbon capture research, development, and demonstra-

tion program. Sec. 3105. Carbon storage validation and testing. Sec. 3106. Carbon utilization. Sec. 3107. Advanced energy systems. Sec. 3108. Rare earth elements. Sec. 3109. Methane hydrate research amendments. Sec. 3110. Carbon removal. Sec. 3111. Methane leak detection and mitigation. Sec. 3112. Waste gas utilization. Sec. 3113. National energy technology laboratory reforms. Sec. 3114. Climate Solutions Challenges.

Subtitle B—Controlling Methane Leaks

Sec. 3201. Improving the natural gas distribution system.

Subtitle C—Eminent Domain Reform

Sec. 3301. Modifications to exercise of the right of eminent domain by holder of a certificate of public convenience and necessity.

TITLE IV—NUCLEAR ENERGY

Subtitle A—Advanced Nuclear Fuel Availability

Sec. 4101. Program. Sec. 4102. Reports to Congress. Sec. 4103. Authorization of appropriations. Sec. 4104. Definitions.

Subtitle B—Nuclear Energy Leadership Act

Sec. 4201. Definitions. Sec. 4202. Nuclear energy research, development, demonstration, and commer-

cial application programs. Sec. 4203. Nuclear energy budget plan. Sec. 4204. Organization and administration of programs.

TITLE V—ELECTRIC GRID AND CYBERSECURITY

Subtitle A—Electric Grid

PART 1—21ST CENTURY POWER GRID

Sec. 5101. 21st Century Power Grid.

PART 2—TRANSMISSION PLANNING

Sec. 5111. Interregional transmission planning report. Sec. 5112. Interregional transmission planning rulemaking.

Subtitle B—State Energy Security Plans

Sec. 5201. State energy security plans.

Subtitle C—Research and Development



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6 PART 1—BETTER ENERGY STORAGE TECHNOLOGY

Sec. 5301. Energy storage. Sec. 5302. Critical mineral recycling and reuse research, development, and

demonstration program.

PART 2—GRID MODERNIZATION RESEARCH AND DEVELOPMENT

Sec. 5321. Smart grid regional demonstration initiative. Sec. 5322. Smart grid modeling, visualization, architecture, and controls. Sec. 5323. Hybrid energy systems. Sec. 5324. Grid integration research and development. Sec. 5325. Industry alliance. Sec. 5326. Coordination of efforts. Sec. 5327. Technical amendments; authorization of appropriations.

PART 3—GRID SECURITY RESEARCH AND DEVELOPMENT

Sec. 5341. Amendment to Energy Independence and Security Act of 2007. Sec. 5342. Critical infrastructure research and construction. Sec. 5343. Conforming amendment.

Subtitle D—Tribal Energy

Sec. 5401. Indian energy. Sec. 5402. Report on electricity access and reliability.

TITLE VI—TRANSPORTATION

Subtitle A—Diesel Emissions Reduction

Sec. 6101. Reauthorization of diesel emissions reduction program.

Subtitle B—Clean School Bus Program

Sec. 6201. Reauthorization of Clean School Bus Program.

Subtitle C—Clean Cities Coalition Program

Sec. 6301. Clean Cities Coalition Program.

Subtitle D—Renewable Fuel Standard Integrity

Sec. 6401. Annual deadline for petitions by small refineries for exemptions from renewable fuel requirements.

Sec. 6402. Information in petition subject to public disclosure.

Subtitle E—EV Infrastructure

Sec. 6501. Definitions. Sec. 6502. Electric vehicle supply equipment rebate program. Sec. 6503. Expanding access to electric vehicles in underserved communities. Sec. 6504. Ensuring program benefits for underserved and disadvantaged com-

munities. Sec. 6505. Model building code for electric vehicle supply equipment. Sec. 6506. Electric vehicle supply equipment coordination. Sec. 6507. State consideration of electric vehicle charging. Sec. 6508. State energy plans. Sec. 6509. Transportation electrification.



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7 Sec. 6510. Federal fleets. Sec. 6511. Domestic Manufacturing Conversion Grant Program. Sec. 6512. Advanced technology vehicles manufacturing incentive program.

Subtitle F—Vehicles Used for Competition

Sec. 6601. Treatment of vehicles not registered and used solely for competition.

TITLE VII—ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

Sec. 7001. ARPA–E amendments.

TITLE VIII—TECHNOLOGY TRANSFER


Subtitle A—National Clean Energy Technology Transfer Programs

Sec. 8101. Regional clean energy innovation program. Sec. 8102. National clean energy incubator program. Sec. 8103. Clean energy technology university prize competition. Sec. 8104. Energy I-Corps. Sec. 8104. Clean energy technology transfer coordination.

Subtitle B—Supporting Technology Development At the National Laboratories

Sec. 8201. Lab partnering service pilot program. Sec. 8202. Lab-embedded entrepreneurship program. Sec. 8203. Small business voucher program. Sec. 8204. Entrepreneurial leave program. Sec. 8205. National laboratory employee outside employment authority. Sec. 8206. Technology commercialization fund. Sec. 8207. Signature authority.

Subtitle C—Department of Energy Modernization

Sec. 8301. Technology Transfer Program. Sec. 8302. Management of demonstration projects. Sec. 8303. Streamlining prize competitions. Sec. 8304. Milestone-based demonstration projects. Sec. 8305. Cost-share waiver extension. Sec. 8306. Special hiring authority for scientific, engineering, and project man-

agement personnel. Sec. 8307. Technology transfer reports and evaluation. Sec. 8308. Other transaction authority extension.

TITLE IX—INDUSTRIAL INNOVATION AND COMPETITIVENESS

Subtitle A—Smart Manufacturing

Sec. 9101. Definitions. Sec. 9102. Development of national smart manufacturing plan. Sec. 9103. Leveraging existing agency programs to assist small and medium

manufacturers. Sec. 9104. Leveraging smart manufacturing infrastructure at National Labora-

tories. Sec. 9105. State leadership grants. Sec. 9106. Report.



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8 Subtitle B—American Innovation and Manufacturing Leadership

Sec. 9201. Definitions. Sec. 9202. Listing of regulated substances. Sec. 9203. Monitoring and reporting requirements. Sec. 9204. Phasedown of regulated substances. Sec. 9205. Management of regulated substances. Sec. 9206. Technology transitions. Sec. 9207. Rulemaking authority. Sec. 9208. Relationship to other laws.

Subtitle C—Clean Industrial Technology

Sec. 9301. Purpose. Sec. 9302. Industrial emissions reduction technology development program. Sec. 9303. Industrial Technology Innovation Advisory Committee. Sec. 9304. Technical assistance program to implement industrial emissions re-

duction. Sec. 9305. Coordination of research and development of energy efficient tech-

nologies for industry.

Subtitle D—Combined Heat and Power Support

Sec. 9401. CHP Technical Assistance Partnership Program.

TITLE X—CRITICAL MATERIALS


Subtitle A—Energy Critical Materials

Sec. 10121. Energy critical materials program. Sec. 10122. Critical materials research database and information center. Sec. 10123. Critical materials interagency subcommittee.

Subtitle B—National Materials and Minerals Policy, Research, and Development

Sec. 10141. Amendments to National Materials and Minerals Policy, Research and Development Act of 1980.

Sec. 10142. Conforming repeal.

TITLE XI—ENVIRONMENTAL JUSTICE

Sec. 11001. Definitions. Sec. 11002. Environmental justice community technical assistance grants. Sec. 11003. Interagency Federal working group on environmental justice. Sec. 11004. Federal agency actions to address environmental justice. Sec. 11005. Training of employees of Federal agencies. Sec. 11006. Environmental justice basic training program. Sec. 11007. Justice clearinghouse. Sec. 11008. Public meetings. Sec. 11009. National environmental justice advisory council. Sec. 11010. Environmental justice grant programs. Sec. 11011. Environmental justice community solid waste disposal technical as-

sistance grants. Sec. 11012. Environmental justice community, State, and Tribal grant pro-

grams.



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9 Sec. 11013. Protections for environmental justice communities against harmful

federal actions. Sec. 11014. Prohibited discrimination. Sec. 11015. Right of action. Sec. 11016. Rights of recovery.

TITLE XII—OTHER MATTERS

Subtitle A—Blue Collar to Green Collar Jobs Development

PART 1—OFFICE OF ECONOMIC IMPACT, DIVERSITY, AND EMPLOYMENT

Sec. 12101. Name of office. Sec. 12102. Energy workforce development programs. Sec. 12103. Authorization.

PART 2—ENERGY WORKFORCE DEVELOPMENT

Sec. 12111. Energy workforce development. Sec. 12112. Energy workforce grant program. Sec. 12113. Definitions.

Subtitle B—Buy American and Wage Rate Requirements

Sec. 12201. Use of American iron, steel, and manufactured goods. Sec. 12202. Wage rate requirements.

Subtitle C—Natural Resources

Sec. 12301. Offshore Wind Career Training Grant Program. Sec. 12302. Data preservation.

Subtitle D—Clean Energy and Sustainability Accelerator

Sec. 12401. Clean Energy and Sustainability Accelerator.

Subtitle E—Scientific Integrity

Sec. 12501. Sense of Congress. Sec. 12502. Amendment to America COMPETES Act. Sec. 12503. Existing policies; clarification.

Subtitle F—Other Matters

Sec. 12601. Authorization. Sec. 12602. Addressing insufficient compensation of employees and other per-

sonnel of the Federal Energy Regulatory Commission. Sec. 12603. Office of Public Participation. Sec. 12604. Background ozone research. Sec. 12605. Smoke planning and research. Sec. 12606. Budgetary effects.



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10

TITLE I—ENERGY EFFICIENCY 1Subtitle A—Buildings 2

PART 1—BUILDING ENERGY CODES 3

SEC. 1101. GREATER ENERGY EFFICIENCY IN BUILDING 4

CODES. 5

(a) DEFINITIONS.—Section 303 of the Energy Con-6

servation and Production Act (42 U.S.C. 6832) is amend-7

ed— 8

(1) by striking paragraph (14) and inserting 9

the following: 10

‘‘(14) MODEL BUILDING ENERGY CODE.—The 11

term ‘model building energy code’ means a voluntary 12

building energy code or standard developed and up-13

dated by interested persons, such as the code or 14

standard developed by— 15

‘‘(A) the Council of American Building Of-16

ficials, or its legal successor, International Code 17

Council, Inc.; 18

‘‘(B) the American Society of Heating, Re-19

frigerating, and Air-Conditioning Engineers; or 20

‘‘(C) other appropriate organizations.’’; 21

and 22

(2) by adding at the end the following: 23

‘‘(17) IECC.—The term ‘IECC’ means the 24

International Energy Conservation Code. 25



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‘‘(18) INDIAN TRIBE.—The term ‘Indian tribe’ 1

has the meaning given the term in section 4 of the 2

Native American Housing Assistance and Self-De-3

termination Act of 1996 (25 U.S.C. 4103).’’. 4

(b) STATE BUILDING ENERGY EFFICIENCY 5

CODES.—Section 304 of the Energy Conservation and 6

Production Act (42 U.S.C. 6833) is amended to read as 7

follows: 8

‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI-9

CIENCY CODES. 10

‘‘(a) VOLUNTARY CODES AND STANDARDS.—Not-11

withstanding any other provision of this section, any 12

model building code or standard established under section 13

304 shall not be binding on a State, local government, or 14

Indian tribe as a matter of Federal law. 15

‘‘(b) ACTION BY SECRETARY.—The Secretary shall— 16

‘‘(1) encourage and support the adoption of 17

building energy codes by States, Indian tribes, and, 18

as appropriate, by local governments that meet or 19

exceed the model building energy codes, or achieve 20

equivalent or greater energy savings; and 21

‘‘(2) support full compliance with the State and 22

local codes. 23

‘‘(c) STATE AND INDIAN TRIBE CERTIFICATION OF 24

BUILDING ENERGY CODE UPDATES.— 25



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‘‘(1) REVIEW AND UPDATING OF CODES BY 1

EACH STATE AND INDIAN TRIBE.— 2

‘‘(A) IN GENERAL.—Not later than 2 years 3

after the date of publication of a revision to a 4

model building energy code, each State or In-5

dian tribe shall certify whether the State or In-6

dian tribe, respectively, has reviewed and up-7

dated the energy provisions of the building code 8

of the State or Indian tribe, respectively. 9

‘‘(B) DEMONSTRATION.—The certification 10

shall include a demonstration of whether the 11

energy savings for the code provisions that are 12

in effect throughout the territory of the State 13

or Indian tribe meet or exceed the energy sav-14

ings of the updated model building energy code. 15

‘‘(C) NO MODEL BUILDING ENERGY CODE 16

UPDATE.—If a model building energy code is 17

not updated by a target date established under 18

section 307(b)(2)(E), each State or Indian tribe 19

shall, not later than 2 years after the specified 20

date, certify whether the State or Indian tribe, 21

respectively, has reviewed and updated the en-22

ergy provisions of the building code of the State 23

or Indian tribe, respectively, to meet or exceed 24

the target in section 307(b)(2). 25



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‘‘(2) VALIDATION BY SECRETARY.—Not later 1

than 90 days after a State or Indian tribe certifi-2

cation under paragraph (1), the Secretary shall— 3

‘‘(A) determine whether the code provi-4

sions of the State or Indian tribe, respectively, 5

meet the criteria specified in paragraph (1); 6

and 7

‘‘(B) if the determination is positive, vali-8

date the certification. 9

‘‘(d) IMPROVEMENTS IN COMPLIANCE WITH BUILD-10

ING ENERGY CODES.— 11

‘‘(1) REQUIREMENT.— 12

‘‘(A) IN GENERAL.—Not later than 3 years 13

after the date of a certification under sub-14

section (c), each State and Indian tribe shall 15

certify whether the State and Indian tribe, re-16

spectively, has— 17

‘‘(i) achieved full compliance under 18

paragraph (3) with the applicable certified 19

State and Indian tribe building energy 20

code or with the associated model building 21

energy code; or 22

‘‘(ii) made significant progress under 23

paragraph (4) toward achieving compliance 24

with the applicable certified State and In-25



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14

dian tribe building energy code or with the 1

associated model building energy code. 2

‘‘(B) REPEAT CERTIFICATIONS.—If the 3

State or Indian tribe certifies progress toward 4

achieving compliance, the State or Indian tribe 5

shall repeat the certification until the State or 6

Indian tribe certifies that the State or Indian 7

tribe has achieved full compliance, respectively. 8

‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer-9

tification under paragraph (1) shall include docu-10

mentation of the rate of compliance based on— 11

‘‘(A) independent inspections of a random 12

sample of the buildings covered by the code in 13

the preceding year; or 14

‘‘(B) an alternative method that yields an 15

accurate measure of compliance. 16

‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State 17

or Indian tribe shall be considered to achieve full 18

compliance under paragraph (1) if— 19

‘‘(A) at least 90 percent of building space 20

covered by the code in the preceding year sub-21

stantially meets all the requirements of the ap-22

plicable code specified in paragraph (1), or 23

achieves equivalent or greater energy savings 24

level; or 25



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15

‘‘(B) the estimated excess energy use of 1

buildings that did not meet the applicable code 2

specified in paragraph (1) in the preceding 3

year, compared to a baseline of comparable 4

buildings that meet this code, is not more than 5

5 percent of the estimated energy use of all 6

buildings covered by this code during the pre-7

ceding year. 8

‘‘(4) SIGNIFICANT PROGRESS TOWARD 9

ACHIEVEMENT OF COMPLIANCE.—A State or Indian 10

tribe shall be considered to have made significant 11

progress toward achieving compliance for purposes 12

of paragraph (1) if the State or Indian tribe— 13

‘‘(A) has developed and is implementing a 14

plan for achieving compliance during the 8- 15

year-period beginning on the date of enactment 16

of the Clean Economy Jobs and Innovation Act, 17

including annual targets for compliance and ac-18

tive training and enforcement programs; and 19

‘‘(B) has met the most recent target under 20

subparagraph (A). 21

‘‘(5) VALIDATION BY SECRETARY.—Not later 22

than 90 days after a State or Indian tribe certifi-23

cation under paragraph (1), the Secretary shall— 24



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16

‘‘(A) determine whether the State or In-1

dian tribe has demonstrated meeting the cri-2

teria of this subsection, including accurate 3

measurement of compliance; and 4

‘‘(B) if the determination is positive, vali-5

date the certification. 6

‘‘(e) STATES OR INDIAN TRIBES THAT DO NOT 7

ACHIEVE COMPLIANCE.— 8

‘‘(1) REPORTING.—A State or Indian tribe that 9

has not made a certification required under sub-10

section (c) or (d) by the applicable deadline shall 11

submit to the Secretary a report describing— 12

‘‘(A) the status of the State or Indian tribe 13

with respect to meeting the requirements and 14

submitting the certification; and 15

‘‘(B) a plan for meeting the requirements 16

and submitting the certification. 17

‘‘(2) FEDERAL SUPPORT.—For any State or In-18

dian tribe for which the Secretary has not validated 19

a certification by a deadline under subsection (c) or 20

(d), the lack of the certification may be a consider-21

ation for Federal support authorized under this sec-22

tion for code adoption and compliance activities. 23

‘‘(3) LOCAL GOVERNMENT.—In any State or 24

Indian tribe for which the Secretary has not vali-25



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17

dated a certification under subsection (c) or (d), a 1

local government may be eligible for Federal support 2

under subsections (f) and (g) by meeting the certifi-3

cation requirements of subsections (c) and (d). 4

‘‘(4) REPORTS BY SECRETARY.— 5

‘‘(A) IN GENERAL.—Not later than De-6

cember 31, 2021, and not less frequently than 7

once every 3 years thereafter, the Secretary 8

shall submit to Congress and publish a report 9

describing— 10

‘‘(i) the status of model building en-11

ergy codes; 12

‘‘(ii) the status of code adoption and 13

compliance in the States and Indian tribes; 14

‘‘(iii) implementation of this section; 15

and 16

‘‘(iv) improvements in energy savings 17

over time as result of the targets estab-18

lished under section 307(b)(2). 19

‘‘(B) IMPACTS.—The report shall include 20

estimates of impacts of past action under this 21

section, and potential impacts of further action, 22

on— 23

‘‘(i) upfront financial and construction 24

costs, cost benefits and returns (using in-25



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18

vestment analysis), and lifetime energy use 1

for buildings; 2

‘‘(ii) resulting energy costs to individ-3

uals and businesses; and 4

‘‘(iii) resulting overall annual building 5

ownership and operating costs. 6

‘‘(f) TECHNICAL ASSISTANCE TO STATES AND IN-7

DIAN TRIBES.—The Secretary shall provide technical as-8

sistance to States and Indian tribes to implement the goals 9

and requirements of this section, including procedures and 10

technical analysis for States and Indian tribes— 11

‘‘(1) to improve and implement State residential 12

and commercial building energy codes; 13

‘‘(2) to demonstrate that the code provisions of 14

the States and Indian tribes achieve equivalent or 15

greater energy savings than the model building en-16

ergy codes and targets; 17

‘‘(3) to document the rate of compliance with a 18

building energy code; and 19

‘‘(4) to otherwise promote the design and con-20

struction of energy- and water-efficient buildings. 21

‘‘(g) AVAILABILITY OF INCENTIVE FUNDING.— 22

‘‘(1) IN GENERAL.—The Secretary shall provide 23

incentive funding to States and Indian tribes— 24



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19

‘‘(A) to implement the requirements of this 1

section; 2

‘‘(B) to improve and implement residential 3

and commercial building energy codes, including 4

increasing and verifying compliance with the 5

codes and training of State, tribal, and local 6

building code officials to implement and enforce 7

the codes; and 8

‘‘(C) to promote building energy and water 9

efficiency through the use of the codes and 10

standards. 11

‘‘(2) ADDITIONAL FUNDING.—Additional fund-12

ing shall be provided under this subsection for im-13

plementation of a plan to achieve and document full 14

compliance with residential and commercial building 15

energy codes under subsection (d)— 16

‘‘(A) to a State or Indian tribe for which 17

the Secretary has validated a certification under 18

subsection (c) or (d); and 19

‘‘(B) in a State or Indian tribe that is not 20

eligible under subparagraph (A), to a local gov-21

ernment that is eligible under this section. 22

‘‘(3) TRAINING.—Of the amounts made avail-23

able under this subsection, the State or Indian tribe 24

may use amounts required, but not to exceed 25



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20

$750,000 for a State, to train State and local build-1

ing code officials to implement and enforce codes de-2

scribed in paragraph (2). 3

‘‘(4) LOCAL GOVERNMENTS.—States may share 4

grants under this subsection with local governments 5

that implement and enforce the codes. 6

‘‘(h) STRETCH CODES AND ADVANCED STAND-7

ARDS.— 8


technical and financial support for the development 10

of stretch codes and advanced standards for residen-11

tial and commercial buildings for use as— 12

‘‘(A) an option for adoption as a building 13

energy code by local, tribal, or State govern-14

ments; and 15

‘‘(B) guidelines for energy-efficient build-16

ing design. 17

‘‘(2) TARGETS.—The stretch codes and ad-18

vanced standards shall be designed— 19

‘‘(A) to achieve substantial energy savings 20

compared to the model building energy codes; 21

and 22

‘‘(B) to meet targets under section 307(b), 23

if available, at least 3 to 6 years in advance of 24

the target years. 25



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21

‘‘(i) STUDIES.—The Secretary, in consultation with 1

building science experts from the National Laboratories 2

and institutions of higher education, designers and build-3

ers of energy-efficient residential and commercial build-4

ings, code officials, code and standards developers, and 5

other stakeholders, shall undertake a study of the feasi-6

bility, impact, economics, and merit of— 7

‘‘(1) code and standards improvements that 8

would require that buildings be designed, sited, and 9

constructed in a manner that makes the buildings 10

more adaptable in the future to become zero-net-en-11

ergy after initial construction, as advances are 12

achieved in energy-saving technologies; 13

‘‘(2) code procedures to incorporate measured 14

lifetimes, not just first-year energy use, in trade-offs 15

and performance calculations; 16

‘‘(3) legislative options for increasing energy 17

savings from building energy codes and standards, 18

including additional incentives for effective State 19

and local action, and verification of compliance with 20

and enforcement of a code or standard other than by 21

a State or local government; and 22

‘‘(4) code and standards improvements that 23

consider energy efficiency and water efficiency and, 24

to the maximum extent practicable, consider energy 25



g:\VHLC\091520\091520.010.xml (777168|2)

22

efficiency and water efficiency in an integrated man-1

ner. 2

‘‘(j) EFFECT ON OTHER LAWS.—Nothing in this sec-3

tion or section 307 supersedes or modifies the application 4

of sections 321 through 346 of the Energy Policy and 5

Conservation Act (42 U.S.C. 6291 et seq.). 6

‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 7

is authorized to be appropriated to carry out this section 8

and section 307 $200,000,000, to remain available until 9

expended.’’. 10

(c) FEDERAL BUILDING ENERGY EFFICIENCY 11

STANDARDS.—Section 305 of the Energy Conservation 12

and Production Act (42 U.S.C. 6834) is amended by strik-13

ing ‘‘voluntary building energy code’’ each place it appears 14

in subsections (a)(2)(B) and (b) and inserting ‘‘model 15

building energy code’’. 16

(d) MODEL BUILDING ENERGY CODES.— 17

(1) IN GENERAL.—Section 307 of the Energy 18

Conservation and Production Act (42 U.S.C. 6836) 19

is amended to read as follows: 20

‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY 21

CODES. 22

‘‘(a) IN GENERAL.—The Secretary shall support the 23

updating of model building energy codes. 24

‘‘(b) TARGETS.— 25



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23

‘‘(1) IN GENERAL.—The Secretary shall sup-1

port the updating of the model building energy codes 2

to enable the achievement of aggregate energy sav-3

ings targets established under paragraph (2). 4

‘‘(2) TARGETS.— 5

‘‘(A) IN GENERAL.—The Secretary shall 6

work with State, Indian tribes, local govern-7

ments, code and standards developers (such as 8

the entities described in section 303(14)), and 9

other interested parties to support the updating 10

of model building energy codes by establishing 11

1 or more national aggregate energy savings 12

targets to achieve the purposes of this section. 13

‘‘(B) SEPARATE TARGETS.—The Secretary 14

shall establish separate targets for commercial 15

and residential buildings. 16

‘‘(C) BASELINES.—The baseline for updat-17

ing model building energy codes shall be the 18

2009 IECC for residential buildings and 19

ASHRAE Standard 90.1–2010 for commercial 20

buildings. 21

‘‘(D) CODE CYCLES.—The targets estab-22

lished under subparagraph (A) shall align with 23

the respective code development cycles deter-24

mined by the model building energy code-setting 25



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24

and standards development organizations de-1

scribed in section 303(14). 2

‘‘(E) SPECIFIC YEARS.— 3

‘‘(i) IN GENERAL.—Targets for spe-4

cific years shall be established and revised 5

by the Secretary through rulemaking and 6

coordinated with code and standards devel-7

opers (such as the entities described in sec-8

tion 303(14)) at a level that— 9

‘‘(I) is at the maximum level of 10

energy efficiency that is techno-11

logically feasible and lifecycle cost ef-12

fective, while accounting for the eco-13

nomic considerations under paragraph 14

(4); 15

‘‘(II) is higher than the preceding 16

target; 17

‘‘(III) promotes the achievement 18

of commercial and residential high- 19

performance buildings (as defined in 20

section 401 of the Energy Independ-21

ence and Security Act of 2007 (42 22

U.S.C. 17061)) through high perform-23

ance energy efficiency; and 24



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25

‘‘(IV) takes into consideration 1

the variations in climate zones used in 2

model building energy codes. 3

‘‘(ii) INITIAL TARGETS.—Not later 4

than 1 year after the date of enactment of 5

this clause, the Secretary shall establish 6

initial targets under this subparagraph. 7

‘‘(iii) DIFFERENT TARGET YEARS.— 8

Subject to clause (i), prior to the applica-9

ble year, the Secretary may set a later tar-10

get year for any of the model building en-11

ergy codes described in subparagraph (A) 12

if the Secretary determines that a target 13

cannot be met. 14

‘‘(iv) SMALL BUSINESS.—When estab-15

lishing targets under this paragraph 16

through rulemaking, the Secretary shall 17

ensure compliance with the Small Business 18

Regulatory Enforcement Fairness Act of 19

1996 (5 U.S.C. 601 note; Public Law 104– 20

121). 21

‘‘(3) APPLIANCE STANDARDS AND OTHER FAC-22

TORS AFFECTING BUILDING ENERGY USE.—In es-23

tablishing building code targets under paragraph 24

(2), the Secretary shall develop and adjust the tar-25



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26

gets in recognition of potential savings and costs re-1

lating to— 2

‘‘(A) efficiency gains made in appliances, 3

lighting, windows, insulation, and building enve-4

lope sealing; 5

‘‘(B) advancement of distributed genera-6

tion and on-site renewable power generation 7

technologies; 8

‘‘(C) equipment improvements for heating, 9

cooling, and ventilation systems; 10

‘‘(D) building management systems and 11

smart technologies to reduce energy use; and 12

‘‘(E) other technologies, practices, and 13

building systems that the Secretary considers 14

appropriate regarding building plug load and 15

other energy uses. 16

‘‘(4) ECONOMIC CONSIDERATIONS.—In estab-17

lishing and revising building code targets under 18

paragraph (2), the Secretary shall consider the eco-19

nomic feasibility of achieving the proposed targets 20

established under this section and the potential costs 21

and savings for consumers and building owners, in-22

cluding a return on investment analysis. 23



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27

‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING 1

ENERGY CODE-SETTING AND STANDARDS DEVELOPMENT 2

ORGANIZATIONS.— 3

‘‘(1) IN GENERAL.—The Secretary shall, on a 4

timely basis, provide technical assistance to model 5

building energy code-setting and standards develop-6

ment organizations consistent with the goals of this 7

section. 8

‘‘(2) ASSISTANCE.—The assistance shall in-9

clude, as requested by the organizations, technical 10

assistance in— 11

‘‘(A) evaluating code or standards pro-12

posals or revisions; 13

‘‘(B) building energy and water analysis 14

and design tools; 15

‘‘(C) building demonstrations; 16

‘‘(D) developing definitions of energy use 17

intensity and building types for use in model 18

building energy codes to evaluate the efficiency 19

impacts of the model building energy codes; 20

‘‘(E) performance-based standards; 21

‘‘(F) evaluating economic considerations 22

under subsection (b)(4); and 23



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28

‘‘(G) developing model building energy 1

codes by Indian tribes in accordance with tribal 2

law. 3

‘‘(3) AMENDMENT PROPOSALS.—The Secretary 4

may submit timely model building energy code 5

amendment proposals to the model building energy 6

code-setting and standards development organiza-7

tions, with supporting evidence, sufficient to enable 8

the model building energy codes to meet the targets 9

established under subsection (b)(2). 10

‘‘(4) ANALYSIS METHODOLOGY.—The Secretary 11

shall make publicly available the entire calculation 12

methodology (including input assumptions and data) 13

used by the Secretary to estimate the energy savings 14

of code or standard proposals and revisions. 15

‘‘(d) DETERMINATION.— 16

‘‘(1) REVISION OF MODEL BUILDING ENERGY 17

CODES.—If the provisions of the IECC or ASHRAE 18

Standard 90.1 regarding building energy use are 19

proposed to be revised, the Secretary shall make a 20

preliminary determination, by not later than 90 days 21

after the date of receipt of the proposed revision, 22

and a final determination by not later than 15 23

months after the date of publication of the revision, 24

regarding whether the revision will— 25



g:\VHLC\091520\091520.010.xml (777168|2)

29

‘‘(A) improve energy efficiency in build-1

ings, as compared to the existing model build-2

ing energy code; and 3

‘‘(B) meet the applicable targets under 4

subsection (b)(2). 5

‘‘(2) CODES OR STANDARDS NOT MEETING TAR-6

GETS.— 7

‘‘(A) PRELIMINARY DETERMINATION BY 8

SECRETARY.—If the Secretary makes a prelimi-9

nary determination under paragraph (1)(B) 10

that a code or standard does not meet an appli-11

cable target under subsection (b)(2), the Sec-12

retary shall contemporaneously provide to the 13

developer of the model building energy code or 14

standard not fewer than 2 proposed changes 15

that would result in a model building energy 16

code that meets the applicable target, together 17

with supporting evidence, taking into consider-18

ation— 19

‘‘(i) whether the modified code is tech-20

nically feasible and lifecycle cost effective; 21

‘‘(ii) available appliances, technologies, 22

materials, and construction practices; and 23

‘‘(iii) the economic considerations 24

under subsection (b)(4). 25



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30

‘‘(B) DETERMINATION OR ELECTION BY 1

DEVELOPER.—Not later than 270 days after 2

the date of receipt of proposed changes of the 3

Secretary under subparagraph (A), a developer 4

shall— 5

‘‘(i) determine whether— 6

‘‘(I) to publish a new revised 7

code accepting the proposed changes; 8

or 9

‘‘(II) to reject the proposed 10

changes; or 11

‘‘(ii) if the developer elects not to 12

make a determination under clause (i), 13

publish a notice of that election, together 14

with the proposed changes. 15

‘‘(C) FINAL DETERMINATION BY SEC-16

RETARY.— 17

‘‘(i) IN GENERAL.—A final determina-18

tion by the Secretary shall be made on the 19

model building energy code or standard, as 20

modified by the changes proposed by the 21

Secretary under subparagraph (A). 22

‘‘(ii) ADDITIONAL DETERMINA-23

TIONS.—If a model building energy code or 24

standards developer makes an election pur-25



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31

suant to subparagraph (B)(ii), the Sec-1

retary shall make the following final deter-2

minations for purposes of this subsection: 3

‘‘(I) A final determination re-4

garding whether the code or standard 5

of the developer, absent any changes 6

proposed by the Secretary under sub-7

paragraph (A), will— 8

‘‘(aa) improve energy effi-9

ciency in buildings, as compared 10

to the existing model building en-11

ergy code; and 12

‘‘(bb) meet the applicable 13

targets under subsection (b)(2). 14

‘‘(II) A final determination re-15

garding whether the code or standard 16

of the developer, as modified by the 17

changes proposed by the Secretary 18

under subparagraph (A), would— 19

‘‘(aa) improve energy effi-20

ciency in buildings, as compared 21

to the existing model building en-22

ergy code; and 23

‘‘(bb) meet the applicable 24

targets under subsection (b)(2). 25



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32

‘‘(e) ADMINISTRATION.—In carrying out this section, 1

the Secretary shall— 2

‘‘(1) publish notice of targets and supporting 3

analysis and determinations under this section in the 4

Federal Register to provide an explanation of and 5

the basis for such actions, including any supporting 6

modeling, data, assumptions, protocols, and cost- 7

benefit analysis, including return on investment; and 8

‘‘(2) provide an opportunity for public comment 9

on targets and supporting analysis and determina-10

tions under this section.’’. 11

(2) CONFORMING AMENDMENT.—The table of 12

contents for the Energy Conservation and Produc-13

tion Act is amended by amending the item relating 14

to section 307 to read as follows: 15

‘‘Sec. 307. Support for model building energy codes.’’.

SEC. 1102. COST-EFFECTIVE CODES IMPLEMENTATION FOR 16

EFFICIENCY AND RESILIENCE. 17

(a) IN GENERAL.—Title III of the Energy Conserva-18

tion and Production Act (42 U.S.C. 6831 et seq.) is 19

amended by adding at the end the following: 20

‘‘SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR 21

EFFICIENCY AND RESILIENCE. 22

‘‘(a) DEFINITIONS.—In this section: 23

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-24

tity’ means— 25



g:\VHLC\091520\091520.010.xml (777168|2)

33

‘‘(A) a relevant State agency, as deter-1

mined by the Secretary, such as a State build-2

ing code agency or State energy office; and 3

‘‘(B) a partnership. 4

‘‘(2) PARTNERSHIP.—The term ‘partnership’ 5

means a partnership between an eligible entity de-6

scribed in paragraph (1)(A) and 1 or more of the 7

following entities: 8

‘‘(A) Local building code agencies. 9

‘‘(B) Codes and standards developers. 10

‘‘(C) Associations of builders and design 11

and construction professionals. 12

‘‘(D) Local and utility energy efficiency 13

programs. 14

‘‘(E) Consumer, energy efficiency, and en-15

vironmental advocates. 16

‘‘(F) Other entities, as determined by the 17

Secretary. 18

‘‘(3) SECRETARY.—The term ‘Secretary’ means 19

the Secretary of Energy. 20

‘‘(b) ESTABLISHMENT.— 21

‘‘(1) IN GENERAL.—The Secretary shall estab-22

lish within the Building Technologies Office of the 23

Department of Energy a program under which the 24

Secretary shall award grants on a competitive basis 25



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34

to eligible entities to enable sustained cost-effective 1

implementation of updated building energy codes. 2

‘‘(2) UPDATED BUILDING ENERGY CODE.—An 3

update to a building energy code under this section 4

shall include any update made available after the ex-5

isting building energy code, even if it is not the most 6

recent updated code available. 7

‘‘(c) CRITERIA; PRIORITY.—In awarding grants 8

under subsection (b), the Secretary shall— 9

‘‘(1) consider— 10

‘‘(A) prospective energy savings and plans 11

to measure the savings; 12

‘‘(B) the long-term sustainability of those 13

measures and savings; 14

‘‘(C) prospective benefits, and plans to as-15

sess the benefits, including benefits relating 16

to— 17

‘‘(i) resilience and peak load reduc-18

tion; 19

‘‘(ii) occupant safety and health; and 20

‘‘(iii) environmental performance; 21

‘‘(D) the demonstrated capacity of the eli-22

gible entity to carry out the proposed project; 23

and 24



g:\VHLC\091520\091520.010.xml (777168|2)

35

‘‘(E) the need of the eligible entity for as-1

sistance; and 2

‘‘(2) give priority to applications from partner-3

ships. 4

‘‘(d) ELIGIBLE ACTIVITIES.— 5

‘‘(1) IN GENERAL.—An eligible entity awarded 6

a grant under this section may use the grant 7

funds— 8

‘‘(A) to create or enable State or regional 9

partnerships to provide training and materials 10

to— 11

‘‘(i) builders, contractors and sub-12

contractors, architects, and other design 13

and construction professionals, relating to 14

meeting updated building energy codes in a 15

cost-effective manner; and 16

‘‘(ii) building code officials, relating to 17

improving implementation of and compli-18

ance with building energy codes; 19

‘‘(B) to collect and disseminate quan-20

titative data on construction and codes imple-21

mentation, including code pathways, perform-22

ance metrics, and technologies used; 23



g:\VHLC\091520\091520.010.xml (777168|2)

36

‘‘(C) to develop and implement a plan for 1

highly effective codes implementation, including 2

measuring compliance; 3

‘‘(D) to address various implementation 4

needs in rural, suburban, and urban areas; and 5

‘‘(E) to implement updates in energy codes 6

for— 7

‘‘(i) new residential and commercial 8

buildings (including multifamily buildings); 9

and 10

‘‘(ii) additions and alterations to ex-11

isting residential and commercial buildings 12

(including multifamily buildings). 13

‘‘(2) RELATED TOPICS.—Training and mate-14

rials provided using a grant under this section may 15

include information on the relationship between en-16

ergy codes and— 17

‘‘(A) cost-effective, high-performance, and 18

zero-net-energy buildings; 19

‘‘(B) improving resilience, health, and safe-20

ty; 21

‘‘(C) water savings and other environ-22

mental impacts; and 23

‘‘(D) the economic impacts of energy 24

codes. 25



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37

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 1

are authorized to be appropriated to the Secretary to carry 2

out this section— 3

‘‘(1) $25,000,000 for each of fiscal years 2021 4

through 2030; and 5

‘‘(2) for fiscal year 2031 and each fiscal year 6

thereafter, such sums as are necessary.’’. 7

(b) CONFORMING AMENDMENTS.— 8

(1) TABLE OF CONTENTS.—The table of con-9

tents for the Energy Conservation and Production 10

Act is amended by inserting after the item relating 11

to section 308 the following: 12

‘‘Sec. 309. Cost-effective codes implementation for efficiency and resilience.’’.

(2) DEFINITIONS.—Section 303 of the Energy 13

Conservation and Production Act (42 U.S.C. 6832) 14

is amended, in the matter preceding paragraph (1), 15

by striking ‘‘As used in’’ and inserting ‘‘Except as 16

otherwise provided, in’’. 17

SEC. 1103. COMMERCIAL BUILDING ENERGY CONSUMPTION 18

INFORMATION SHARING. 19

(a) IN GENERAL.—Not later than 120 days after the 20

date of enactment of this Act, the Administrator of the 21

Energy Information Administration (referred to in this 22

section as the ‘‘Administrator’’) and the Administrator of 23

the Environmental Protection Agency shall sign, and sub-24

mit to Congress, an information sharing agreement (re-25



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38

ferred to in this section as the ‘‘agreement’’) relating to 1

commercial building energy consumption data. 2

(b) CONTENT OF AGREEMENT.—The agreement 3

shall— 4

(1) provide that the Administrator shall have 5

access to building-specific data in the Portfolio Man-6

ager database of the Environmental Protection 7

Agency; 8

(2) describe the manner in which the Adminis-9

trator shall incorporate appropriate data (including 10

the data described in subsection (c)) into any Com-11

mercial Buildings Energy Consumption Survey (re-12

ferred to in this section as ‘‘CBECS’’) published 13

after the date of enactment of this Act for the pur-14

pose of analyzing and estimating building popu-15

lation, size, location, activity, energy usage, and any 16

other relevant building characteristic; and 17

(3) describe and compare— 18

(A) the methodologies that the Energy In-19

formation Administration, the Environmental 20

Protection Agency, and State and local govern-21

ment managers use to maximize the quality, re-22

liability, and integrity of data collected through 23

CBECS, the Portfolio Manager database of the 24

Environmental Protection Agency, and State 25



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39

and local building energy disclosure laws (in-1

cluding regulations), respectively, and the man-2

ner in which those methodologies can be im-3

proved; and 4

(B) consistencies and variations in data for 5

buildings that were captured in the 2012 6

CBECS cycle and in the Portfolio Manager 7

database of the Environmental Protection 8

Agency. 9

(c) DATA.—The data referred in subsection (b)(2) in-10

cludes data that— 11

(1) is collected through the Portfolio Manager 12

database of the Environmental Protection Agency; 13

(2) is required to be publicly available on the 14

internet under State and local government building 15

energy disclosure laws (including regulations); and 16

(3) includes information on private sector build-17

ings that are not less than 250,000 square feet. 18

(d) PROTECTION OF INFORMATION.—In carrying out 19

the agreement, the Administrator and the Administrator 20

of the Environmental Protection Agency shall protect in-21

formation in accordance with— 22

(1) section 552(b)(4) of title 5, United States 23

Code (commonly known as the ‘Freedom of Informa-24

tion Act’); 25



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40

(2) subchapter III of chapter 35 of title 44, 1

United States Code; and 2

(3) any other applicable law (including regula-3

tions). 4

PART 2—WORKER TRAINING AND CAPACITY 5

BUILDING 6

SEC. 1111. BUILDING TRAINING AND ASSESSMENT CEN-7

TERS. 8

(a) IN GENERAL.—The Secretary of Energy shall 9

provide grants to institutions of higher education (as de-10

fined in section 101 of the Higher Education Act of 1965 11

(20 U.S.C. 1001)) and Tribal Colleges or Universities (as 12

defined in section 316(b) of that Act (20 U.S.C. 13

1059c(b))) to establish building training and assessment 14

centers— 15

(1) to identify opportunities for optimizing en-16

ergy efficiency and environmental performance in 17

buildings; 18

(2) to promote the application of emerging con-19

cepts and technologies in commercial and institu-20

tional buildings; 21

(3) to train engineers, architects, building sci-22

entists, building energy permitting and enforcement 23

officials, and building technicians in energy-efficient 24

design and operation; 25



g:\VHLC\091520\091520.010.xml (777168|2)

41

(4) to assist institutions of higher education 1

and Tribal Colleges or Universities in training build-2

ing technicians; 3

(5) to promote research and development for 4

the use of alternative energy sources and distributed 5

generation to supply heat and power for buildings, 6

particularly energy-intensive buildings; and 7

(6) to coordinate with and assist State-accred-8

ited technical training centers, community colleges, 9

Tribal Colleges or Universities, and local offices of 10

the National Institute of Food and Agriculture and 11

ensure appropriate services are provided under this 12

section to each region of the United States. 13

(b) COORDINATION AND NONDUPLICATION.— 14

(1) IN GENERAL.—The Secretary of Energy 15

shall coordinate the program with the industrial re-16

search and assessment centers program and with 17

other Federal programs to avoid duplication of ef-18

fort. 19

(2) COLLOCATION.—To the maximum extent 20

practicable, building, training, and assessment cen-21

ters established under this section shall be collocated 22

with Industrial Assessment Centers. 23



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42

(c) AUTHORIZATION OF APPROPRIATIONS.—There is 1

authorized to be appropriated to carry out this section 2

$10,000,000, to remain available until expended. 3

SEC. 1112. CAREER SKILLS TRAINING. 4

(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec-5

tion, the term ‘‘eligible entity’’ means a nonprofit partner-6

ship that— 7

(1) includes the equal participation of industry, 8

including public or private employers, and labor or-9

ganizations, including joint labor-management train-10

ing programs; 11

(2) may include workforce investment boards, 12

community-based organizations, qualified service and 13

conservation corps, educational institutions, small 14

businesses, cooperatives, State and local veterans 15

agencies, and veterans service organizations; and 16

(3) demonstrates— 17

(A) experience in implementing and oper-18

ating worker skills training and education pro-19

grams; 20

(B) the ability to identify and involve in 21

training programs carried out under this sec-22

tion, target populations of individuals who 23

would benefit from training and be actively in-24



g:\VHLC\091520\091520.010.xml (777168|2)

43

volved in activities relating to energy efficiency 1

and renewable energy industries; and 2

(C) the ability to help individuals achieve 3

economic self-sufficiency. 4

(b) ESTABLISHMENT.—The Secretary of Energy 5

shall award grants to eligible entities to pay the Federal 6

share of associated career skills training programs under 7

which students concurrently receive classroom instruction 8

and on-the-job training for the purpose of obtaining an 9

industry-related certification to install energy efficient 10

buildings technologies, including technologies described in 11

subsection (b)(3) of section 307 of the Energy Conserva-12

tion and Production Act (42 U.S.C. 6836). 13

(c) FEDERAL SHARE.—The Federal share of the cost 14

of carrying out a career skills training program described 15

in subsection (a) shall be 50 percent. 16

(d) AUTHORIZATION OF APPROPRIATIONS.—There is 17

authorized to be appropriated to carry out this section 18

$10,000,000, to remain available until expended. 19

PART 3—SCHOOL BUILDINGS 20

SEC. 1121. COORDINATION OF ENERGY RETROFITTING AS-21

SISTANCE FOR SCHOOLS. 22

Section 392 of the Energy Policy and Conservation 23

Act (42 U.S.C. 6371a) is amended by adding at the end 24

the following: 25



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44

‘‘(e) COORDINATION OF ENERGY RETROFITTING AS-1

SISTANCE FOR SCHOOLS.— 2

‘‘(1) DEFINITION OF SCHOOL.—Notwith-3

standing section 391(6), for the purposes of this 4

subsection, the term ‘school’ means— 5

‘‘(A) an elementary school or secondary 6

school (as defined in section 9101 of the Ele-7

mentary and Secondary Education Act of 1965 8

(20 U.S.C. 7801)); 9

‘‘(B) an institution of higher education (as 10

defined in section 102(a) of the Higher Edu-11

cation Act of 1965 (20 U.S.C. 1002(a))); 12

‘‘(C) a school of the defense dependents’ 13

education system under the Defense Depend-14

ents’ Education Act of 1978 (20 U.S.C. 921 et 15

seq.) or established under section 2164 of title 16

10, United States Code; 17

‘‘(D) a school operated by the Bureau of 18

Indian Affairs; 19

‘‘(E) a tribally controlled school (as de-20

fined in section 5212 of the Tribally Controlled 21

Schools Act of 1988 (25 U.S.C. 2511)); and 22

‘‘(F) a Tribal College or University (as de-23

fined in section 316(b) of the Higher Education 24

Act of 1965 (20 U.S.C. 1059c(b))). 25



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45

‘‘(2) ESTABLISHMENT OF CLEARINGHOUSE.— 1

The Secretary, acting through the Office of Energy 2

Efficiency and Renewable Energy, shall establish a 3

clearinghouse to disseminate information regarding 4

available Federal programs and financing mecha-5

nisms that may be used to help initiate, develop, and 6

finance energy efficiency, distributed generation, and 7

energy retrofitting projects for schools. 8

‘‘(3) REQUIREMENTS.—In carrying out para-9

graph (2), the Secretary shall— 10

‘‘(A) consult with appropriate Federal 11

agencies to develop a list of Federal programs 12

and financing mechanisms that are, or may be, 13

used for the purposes described in paragraph 14

(2); and 15

‘‘(B) coordinate with appropriate Federal 16

agencies to develop a collaborative education 17

and outreach effort to streamline communica-18

tions and promote available Federal programs 19

and financing mechanisms described in sub-20

paragraph (A), which may include the develop-21

ment and maintenance of a single online re-22

source that includes contact information for rel-23

evant technical assistance in the Office of En-24

ergy Efficiency and Renewable Energy that 25



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46

States, local education agencies, and schools 1

may use to effectively access and use such Fed-2

eral programs and financing mechanisms.’’. 3

Subtitle B—Industrial Efficiency 4and Competitiveness 5

PART 1—MANUFACTURING ENERGY EFFICIENCY 6

SEC. 1201. PURPOSES. 7

The purposes of this part are— 8

(1) to establish a clear and consistent authority 9

for industrial efficiency programs of the Department 10

of Energy; 11

(2) to accelerate the deployment of technologies 12

and practices that will increase industrial energy ef-13

ficiency and improve productivity; 14

(3) to accelerate the development and dem-15

onstration of technologies that will assist the deploy-16

ment goals of the industrial efficiency programs of 17

the Department of Energy and increase manufac-18

turing efficiency; 19

(4) to stimulate domestic economic growth and 20

improve industrial productivity and competitiveness; 21

(5) to meet the future workforce needs of in-22

dustry; and 23



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47

(6) to strengthen partnerships between Federal 1

and State governmental agencies and the private 2

and academic sectors. 3

SEC. 1202. FUTURE OF INDUSTRY PROGRAM AND INDUS-4

TRIAL RESEARCH AND ASSESSMENT CEN-5

TERS. 6

(a) FUTURE OF INDUSTRY PROGRAM.—Section 452 7

of the Energy Independence and Security Act of 2007 (42 8

U.S.C. 17111) is amended— 9

(1) by striking the section heading and insert-10

ing the following: ‘‘FUTURE OF INDUSTRY PRO-11

GRAM’’; 12

(2) in subsection (a)(2)— 13

(A) by redesignating subparagraph (E) as 14

subparagraph (F); and 15

(B) by inserting after subparagraph (D) 16

the following: 17

‘‘(E) water and wastewater treatment fa-18

cilities, including systems that treat municipal, 19

industrial, and agricultural waste; and’’; 20

(3) by striking subsection (e); and 21

(4) by redesignating subsection (f) as sub-22

section (e). 23

(b) INDUSTRIAL RESEARCH AND ASSESSMENT CEN-24

TERS.—Subtitle D of title IV of the Energy Independence 25



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48

and Security Act of 2007 (42 U.S.C. 17111 et seq.) is 1

amended by adding at the end the following: 2

‘‘SEC. 454. INDUSTRIAL RESEARCH AND ASSESSMENT CEN-3

TERS. 4

‘‘(a) DEFINITIONS.—In this section: 5

‘‘(1) ENERGY SERVICE PROVIDER.—The term 6

‘energy service provider’ means— 7

‘‘(A) any business providing technology or 8

services to improve the energy efficiency, water 9

efficiency, power factor, or load management of 10

a manufacturing site or other industrial process 11

in an energy-intensive industry (as defined in 12

section 452(a)); and 13

‘‘(B) any utility operating under a utility 14

energy service project. 15

‘‘(2) INDUSTRIAL RESEARCH AND ASSESSMENT 16

CENTER.—The term ‘industrial research and assess-17

ment center’ means— 18

‘‘(A) an institution of higher education- 19

based industrial research and assessment center 20

that is funded by the Secretary under sub-21

section (b); and 22

‘‘(B) an industrial research and assess-23

ment center at a trade school, community col-24



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49

lege, or union training program that is funded 1

by the Secretary under subsection (f). 2

‘‘(b) INSTITUTION OF HIGHER EDUCATION-BASED 3

INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.— 4


funding to institution of higher education-based in-6

dustrial research and assessment centers. 7

‘‘(2) PURPOSE.—The purpose of each institu-8

tion of higher education-based industrial research 9

and assessment center shall be— 10

‘‘(A) to identify opportunities for opti-11

mizing energy efficiency and environmental per-12

formance, including implementation of— 13

‘‘(i) smart manufacturing; 14

‘‘(ii) energy management systems; 15

‘‘(iii) sustainable manufacturing; and 16

‘‘(iv) information technology advance-17

ments for supply chain analysis, logistics, 18

system monitoring, industrial and manu-19

facturing processes, and other purposes; 20

‘‘(B) to promote applications of emerging 21

concepts and technologies in small- and me-22

dium-sized manufacturers (including water and 23

wastewater treatment facilities and federally 24

owned manufacturing facilities); 25



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50

‘‘(C) to promote research and development 1

for the use of alternative energy sources to sup-2

ply heat, power, and new feedstocks for energy- 3

intensive industries; 4

‘‘(D) to coordinate with appropriate Fed-5

eral and State research offices; 6

‘‘(E) to provide a clearinghouse for indus-7

trial process and energy efficiency technical as-8

sistance resources; and 9

‘‘(F) to coordinate with State-accredited 10

technical training centers and community col-11

leges, while ensuring appropriate services to all 12

regions of the United States. 13

‘‘(c) COORDINATION.—To increase the value and ca-14

pabilities of the industrial research and assessment cen-15

ters, the centers shall— 16

‘‘(1) coordinate with Manufacturing Extension 17

Partnership Centers of the National Institute of 18

Standards and Technology; 19

‘‘(2) coordinate with the Federal Energy Man-20

agement Program and the Building Technologies 21

Program of the Department of Energy to provide 22

building assessment services to manufacturers; 23

‘‘(3) increase partnerships with the National 24

Laboratories of the Department of Energy to lever-25



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51

age the expertise, technologies, and research and de-1

velopment capabilities of the National Laboratories 2

for national industrial and manufacturing needs; 3

‘‘(4) increase partnerships with energy service 4

providers and technology providers to leverage pri-5

vate sector expertise and accelerate deployment of 6

new and existing technologies and processes for en-7

ergy efficiency, power factor, and load management; 8

‘‘(5) identify opportunities for reducing green-9

house gas emissions and other air emissions; and 10

‘‘(6) promote sustainable manufacturing prac-11

tices for small- and medium-sized manufacturers. 12

‘‘(d) OUTREACH.—The Secretary shall provide fund-13

ing for— 14

‘‘(1) outreach activities by the industrial re-15

search and assessment centers to inform small- and 16

medium-sized manufacturers of the information, 17

technologies, and services available; and 18

‘‘(2) coordination activities by each industrial 19

research and assessment center to leverage efforts 20

with— 21

‘‘(A) Federal and State efforts; 22

‘‘(B) the efforts of utilities and energy 23

service providers; 24



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52

‘‘(C) the efforts of regional energy effi-1

ciency organizations; and 2

‘‘(D) the efforts of other industrial re-3

search and assessment centers. 4

‘‘(e) CENTERS OF EXCELLENCE.— 5

‘‘(1) ESTABLISHMENT.—The Secretary shall es-6

tablish a Center of Excellence at not more than 5 7

of the highest-performing industrial research and as-8

sessment centers, as determined by the Secretary. 9

‘‘(2) DUTIES.—A Center of Excellence shall co-10

ordinate with and advise the industrial research and 11

assessment centers located in the region of the Cen-12

ter of Excellence, including— 13

‘‘(A) by mentoring new directors and staff 14

of the industrial research and assessment cen-15

ters with respect to— 16

‘‘(i) the availability of resources; and 17

‘‘(ii) best practices for carrying out 18

assessments, including through the partici-19

pation of the staff of the Center of Excel-20

lence in assessments carried out by new in-21

dustrial research and assessment centers; 22

‘‘(B) by providing training to staff and 23

students at the industrial research and assess-24

ment centers on new technologies, practices, 25



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53

and tools to expand the scope and impact of the 1

assessments carried out by the centers; 2

‘‘(C) by assisting the industrial research 3

and assessment centers with specialized tech-4

nical opportunities, including by providing a 5

clearinghouse of available expertise and tools to 6

assist the centers and clients of the centers in 7

assessing and implementing those opportunities; 8

‘‘(D) by identifying and coordinating with 9

regional, State, local, and utility energy effi-10

ciency programs for the purpose of facilitating 11

efforts by industrial research and assessment 12

centers to connect industrial facilities receiving 13

assessments from those centers with regional, 14

State, local, and utility energy efficiency pro-15

grams that could aid the industrial facilities in 16

implementing any recommendations resulting 17

from the assessments; 18

‘‘(E) by facilitating coordination between 19

the industrial research and assessment centers 20

and other Federal programs described in para-21

graphs (1) through (3) of subsection (c); and 22

‘‘(F) by coordinating the outreach activi-23

ties of the industrial research and assessment 24

centers under subsection (d)(1). 25



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54

‘‘(3) FUNDING.—Subject to the availability of 1

appropriations, for each fiscal year, out of any 2

amounts made available to carry out this section 3

under subsection (i), the Secretary shall use not less 4

than $500,000 to support each Center of Excellence. 5

‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH AND AS-6

SESSMENT CENTERS.— 7


funding to establish additional industrial research 9

and assessment centers at trade schools, community 10

colleges, and union training programs. 11

‘‘(2) PURPOSE.— 12

‘‘(A) IN GENERAL.—Subject to subpara-13

graph (B), to the maximum extent practicable, 14

an industrial research and assessment center 15

established under paragraph (1) shall have the 16

same purpose as an institution of higher edu-17

cation-based industrial research center that is 18

funded by the Secretary under subsection 19

(b)(1). 20

‘‘(B) CONSIDERATION OF CAPABILITIES.— 21

In evaluating or establishing the purpose of an 22

industrial research and assessment center es-23

tablished under paragraph (1), the Secretary 24

shall take into consideration the varying capa-

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