< Back to S. 992 (110th Congress, 2007–2009)

Text of the Public Buildings Cost Reduction Act of 2007

This bill was introduced on March 29, 2007, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 3, 2007 (Reported by Senate Committee).

Source: GPO

II

Calendar No. 131

110th CONGRESS

1st Session

S. 992

[Report No. 110–60]

IN THE SENATE OF THE UNITED STATES

March 27, 2007

(for herself, Mr. Inhofe, Mr. Lautenberg, Mr. Alexander, Mr. Cardin, Mr. Lieberman, Mrs. Clinton, Ms. Klobuchar, Mr. Craig, Mr. Carper, Mr. Dodd, and Mr. Thomas) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

May 3, 2007

Reported by , with amendments

Insert the part printed in italic

A BILL

To achieve emission reductions and cost savings through accelerated use of cost-effective lighting technologies in public buildings, and for other purposes.

1.

Short title

This Act may be cited as the Public Buildings Cost Reduction Act of 2007.

2.

Cost-effective technology acceleration program

(a)

Establishment

(1)

In general

The Administrator of General Services (referred to in this section as the Administrator) shall establish a program to accelerate the use of more cost-effective technologies and practices at GSA facilities.

(2)

Requirements

The program established under this subsection shall—

(A)

ensure centralized responsibility for the coordination of cost reduction recommendations, practices, and activities of all relevant Federal agencies;

(B)

provide technical assistance and operational guidance to applicable tenants in order to achieve the goals identified in subsection (c)(2)(A); and

(C)

establish methods to track the success of departments and agencies with respect to the goals identified in subsection (c)(2)(A).

(b)

Accelerated use of cost-effective lighting technologies

(1)

Review

(A)

In general

As part of the program under this subsection, not later than 90 days after the date of enactment of this Act, the Administrator shall conduct a review of—

(i)

current use of cost-effective lighting technologies in GSA facilities; and

(ii)

the availability to managers of GSA facilities of cost-effective lighting technologies.

(B)

Requirements

The review under subparagraph (A) shall—

(i)

examine the use of cost-effective lighting technologies and other cost-effective technologies and practices by Federal agencies in GSA facilities; and

(ii)

identify, in consultation with the Environmental Protection Agency, cost-effective lighting technology standards that could be used for all types of GSA facilities.

(2)

Replacement

(A)

In general

As part of the program under this subsection, not later than 180 days after the date of enactment of this Act, the Administrator shall establish a cost-effective lighting technology acceleration program to achieve maximum feasible replacement of existing lighting technologies with more cost-effective lighting technologies in each GSA facility using available appropriations.

(B)

Acceleration plan timetable

(i)

In general

To implement the program established under subparagraph (A), not later than 1 year after the date of enactment of this Act, the Administrator shall establish a timetable including milestones for specific activities needed to replace existing lighting technologies with more cost-effective lighting technologies, to the maximum extent feasible (including at the maximum rate feasible), at each GSA facility.

(ii)

Goal

The goal of the timetable under clause (i) shall be to complete, using available appropriations, maximum feasible replacement of existing lighting technologies with more cost-effective lighting technologies by not later than the date that is 5 years after the date of enactment of this Act.

(c)

GSA facility cost-effective technologies and practices

Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall—

(1)

ensure that a manager responsible for accelerating the use of cost-effective technologies and practices is designated for each GSA facility; and

(2)

submit to Congress a plan, to be implemented to the maximum extent feasible (including at the maximum rate feasible) using available appropriations, by not later than the date that is 5 years after the date of enactment of this Act, that—

(A)

identifies the specific activities needed to achieve a 20-percent reduction in operational costs through the application of cost-effective technologies and practices from 2003 levels at GSA facilities by not later than 5 years after the date of enactment of this Act;

(B)

describes activities required and carried out to estimate the funds necessary to achieve the reduction described in subparagraph (A);

(C)

describes the status of the implementation of cost-effective technologies and practices at GSA facilities, including—

(i)

the extent to which programs, including the program established under subsection (b), are being carried out in accordance with this Act; and

(ii)

the status of funding requests and appropriations for those programs;

(D)

identifies within the planning, budgeting, and construction process all types of GSA facility-related procedures that inhibit new and existing GSA facilities from implementing cost-effective technologies and practices;

(E)

recommends language for uniform standards for use by Federal agencies in implementing cost-effective technologies and practices;

(F)

in coordination with the Office of Management and Budget, reviews the budget process for capital programs with respect to alternatives for—

(i)

permitting Federal agencies to retain all identified savings accrued as a result of the use of cost-effective technologies and practices; and

(ii)

identifying short- and long-term cost savings that accrue from cost-effective technologies and practices;

(G)

achieves cost savings through the application of cost-effective technologies and practices sufficient to pay the incremental additional costs of installing the cost-effective technologies and practices by not later than the date that is 5 years after the date of installation; and

(H)

includes recommendations to address each of the matters, and a plan for implementation of each recommendation, described in subparagraphs (A) through (G).

(d)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.

3.

Environmental Protection Agency demonstration grant program for local governments

(a)

Grant program

(1)

In general

The Administrator of the Environmental Protection Agency (referred to in this section as the Administrator) shall establish a demonstration program under which the Administrator shall provide competitive grants to assist local governments (such as municipalities and counties), with respect to local government buildings—

(A)

to deploy cost-effective technologies and practices; and

(B)

to achieve operational cost savings, through the application of cost-effective technologies and practices, as verified by the Administrator.

(2)

Cost sharing

(A)

In general

The Federal share of the cost of an activity carried out using a grant provided under this section shall be 40 percent.

(B)

Waiver of non-Federal share

The Administrator may waive up to 100 percent of the local share of the cost of any grant under this section should the Administrator determine that the community is economically distressed, pursuant to objective economic criteria established by the Administrator in published guidelines.

(3)

Maximum amount

The amount of a grant provided under this subsection shall not exceed $1,000,000.

(b)

Guidelines

(1)

In general

Not later than 1 year after the date of enactment of this Act, the Administrator shall issue guidelines to implement the grant program established under subsection (a).

(2)

Requirements

The guidelines under paragraph (1) shall establish—

(A)

standards for monitoring and verification of operational cost savings through the application of cost-effective technologies and practices reported by grantees under this section;

(B)

standards for grantees to implement training programs, and to provide technical assistance and education, relating to the retrofit of buildings using cost-effective technologies and practices; and

(C)

a requirement that each local government that receives a grant under this section shall achieve facility-wide cost savings, through renovation of existing local government buildings using cost-effective technologies and practices, of at least 40 percent as compared to the baseline operational costs of the buildings before the renovation (as calculated assuming a 3-year, weather-normalized average).

(c)

Compliance with State and local law

Nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the relevant requirement of this section.

(d)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2007 through 2012.

(e)

Reports

(1)

In general

The Administrator shall provide annual reports to Congress on cost savings achieved and actions taken and recommendations made under this section, and any recommendations for further action.

(2)

Final report

The Administrator shall issue a final report at the conclusion of the program, including findings, a summary of total cost savings achieved, and recommendations for further action.

(f)

Termination

The program under this section shall terminate on September 30, 2012.

4.

Definitions

In this Act:

(1)

Cost-effective lighting technology

(A)

In general

The term cost-effective lighting technology means a lighting technology that—

(i)

will result in substantial operational cost savings by ensuring an installed consumption of not more than 1 watt per square foot; or

(ii)

is contained in a list under—

(I)

section 553 of Public Law 95–619 (42 U.S.C. 8259b); and

(II)

Federal acquisition regulation 23–203.

(B)

Inclusions

The term cost-effective lighting technology includes—

(i)

lamps;

(ii)

ballasts;

(iii)

luminaires;

(iv)

lighting controls;

(v)

daylighting; and

(vi)

early use of other highly cost-effective lighting technologies.

(2)

Cost-effective technologies and practices

The term cost-effective technologies and practices means a technology or practice that—

(A)

will result in substantial operational cost savings by reducing utility costs; and

(B)

complies with the provisions of section 553 of Public Law 95–619 (42 U.S.C. 8259b) and Federal acquisition regulation 23–203.

(3)

Operational cost savings

(A)

In general

The term operational cost savings means a reduction in end-use operational costs through the application of cost-effective technologies and practices, including a reduction in electricity consumption relative to consumption by the same customer or at the same facility in a given year, as defined in guidelines promulgated by the Administrator pursuant to section 3(b), that achieves cost savings sufficient to pay the incremental additional costs of using cost-effective technologies and practices by not later than the date that is 5 years after the date of installation.

(B)

Inclusions

The term operational cost savings includes savings achieved at a facility as a result of—

(i)

the installation or use of cost-effective technologies and practices; or

(ii)

the planting of vegetation that shades the facility and reduces the heating, cooling, or lighting needs of the facility.

(C)

Exclusion

The term operational cost savings does not include savings from measures that would likely be adopted in the absence of cost-effective technology and practices programs, as determined by the Administrator.

(4)

GSA facility

(A)

In general

The term GSA facility means any building, structure, or facility, in whole or in part (including the associated support systems of the building, structure, or facility) that—

(i)

is constructed (including facilities constructed for lease), renovated, or purchased, in whole or in part, by the Administrator for use by the Federal Government; or

(ii)

is leased, in whole or in part, by the Administrator for use by the Federal Government—

(I)

except as provided in subclause (II), for a term of not less than 5 years; or

(II)

for a term of less than 5 years, if the Administrator determines that use of cost-effective technologies and practices would result in the payback of expenses.

(B)

Inclusion

The term GSA facility includes any group of buildings, structures, or facilities described in subparagraph (A) (including the associated energy-consuming support systems of the buildings, structures, and facilities).

(C)

Exemption

The Administrator may exempt from the definition of GSA facility under this paragraph a building, structure, or facility that meets the requirements of section 543(c) of Public Law 95–619 (42 U.S.C. 8253(c)).

May 3, 2007

Reported with amendments