National Security Resiliency and Sustainability Act of 2020
This bill, for FY2021 and any subsequent fiscal year, directs the Department of Defense (DOD) to improve its energy efficiency, including by reducing energy intensity in DOD buildings by 2.5% annually through the end of FY2027. It also adds requirements relating to clean energy including that electric energy and thermal energy in DOD buildings are comprised of clean energy.
DOD must develop, implement, and annually update an integrated Strategic Sustainability Performance Plan for each of FY2021-FY2040.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7417 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7417
To direct the Secretary of Defense to set sustainability goals for the
Department of Defense, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2020
Mr. Casten of Illinois introduced the following bill; which was
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To direct the Secretary of Defense to set sustainability goals for the
Department of Defense, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security Resiliency and
Sustainability Act of 2020''.
SEC. 2. RESILIENCY AND SUSTAINABILITY GOALS FOR THE DEPARTMENT OF
DEFENSE.
(a) In General.--For fiscal year 2021 and any subsequent fiscal
year, the Secretary of Defense shall--
(1) reduce energy intensity (measured in British thermal
units per gross square foot) in buildings of the Department by
2.5 percent annually through the end of fiscal year 2027,
relative to the baseline energy use in buildings of the
Department in 2008 by implementing efficiency measures.
(2) improve data center energy efficiency at Department
facilities by--
(A) ensuring the chief information officer of the
Department promotes energy optimization, efficiency,
and performance in data centers;
(B) installing and monitoring advanced energy
meters in all data centers by 2023; and
(C) establishing a power usage effectiveness target
of 1.2 to 1.4 for new data centers and less than 1.5
for existing data centers;
(3) ensure that electric energy and thermal energy in
Department buildings are comprised of clean energy, in
amounts--
(A) not less than 28 percent for fiscal years 2028
and 2029;
(B) not less than 33 percent for fiscal years 2030
and 2031;
(C) not less than 37 percent for fiscal years 2032
and 2033;
(D) not less than 39 percent for fiscal years 2034
and 2035;
(E) not less than 42 percent for fiscal years 2036
and 2037; and
(F) not less than 45 percent for fiscal year 2038
and each year thereafter;
(4) ensure that the percentage of the total amount of
electric energy consumed by the Department that is clean energy
is--
(A) not less than 28 percent for fiscal year 2025;
(B) not less than 30 percent for fiscal years 2026
and 2027;
(C) not less than 33 percent for fiscal years 2028
and 2029;
(D) not less than 37 percent for fiscal years 2030
and 2031;
(E) not less than 40 percent for fiscal years 2032
and 2033;
(F) not less than 43 percent for fiscal years 2034
and 2035;
(G) not less than 46 percent for fiscal years 2036
and 2037; and
(H) not less than 50 percent for fiscal year 2038
and each year thereafter;
(5) ensure that all clean energy capacity added between
2021 and 2040 comes from sources based on projects that are not
in operation as of the date of the installation or signing of
any financial agreement for the purchase of the clean electric
or thermal energy;
(6) include in the electric energy portion of the clean
energy requirements established in paragraphs (3) and (4), and
retain all renewable energy certificates and clean energy
attributes for, clean electric energy associated with--
(A) installing clean energy on site at Department
facilities;
(B) contracting for the purchase of energy, which
includes--
(i) the installation of renewable energy on
site at a Department facility or off site from
a Department facility; and
(ii) the installation of clean energy
operating or owned by a third party on site of
a Department facility that is directly serving
local loads, and for which the facility has a
commitment to procure, for a contract period of
not less than 10 years and up to a period of 40
years, the lesser of--
(I) 100 percent of clean energy
asset output; or
(II) 100 percent of facility energy
needs; and
(iii) a contract for differences with a
minimum off-take period of 10 years, and up to
a period of 40 years, for the installation of
clean energy not physically located on site at
a Department facility nor electrically
connected to the facility, for which the
department agrees to procure the energy (in
MWh), as well as corresponding renewable energy
certificates, and clean energy attributes, at a
defined price for the period of the contract;
(7) include, in the thermal electric energy portion of the
clean energy requirement established in paragraph (3), clean
energy associated with--
(A) installing thermal clean energy on site at
Department facilities and retaining corresponding
renewable and clean attributes; and
(B) fulfilling the requirements of the energy
policy of the Department as provided in section 2911 of
title 10, United States Code;
(8) improve water use efficiency and management, including
stormwater management, by--
(A) reducing potable water consumption intensity,
measured in gallons per gross square foot, by 36
percent by fiscal year 2025 through reductions of 2
percent annually through fiscal year 2025 relative to a
baseline of the water consumption of the Department in
fiscal year 2007;
(B) installing water meters and collecting and
using building and facility water balance data to
improve water conservation and management;
(C) reducing the industrial, landscaping, and
agricultural water consumption, measured in gallons, by
2 percent annually through fiscal year 2025 relative to
a baseline of the industrial, landscaping, and
agricultural water consumption of the Department during
fiscal year 2010; and
(D) installing appropriate green infrastructure
features on Department property to help with stormwater
and wastewater management;
(9) improve building efficiency, performance, and
management by--
(A) ensuring, for fiscal year 2021 and each
subsequent fiscal year, that the new construction of
any Department building larger than 5,000 gross square
feet that enters the planning process is designed to
achieve energy net-zero and, water or waste net-zero by
fiscal year 2035;
(B) identifying, beginning in fiscal year 2021, as
part of the planning requirements of section 3, a
percentage of at least 15 percent, measured by number
or total square footage, of the existing Department
buildings larger than 5,000 gross square feet that
will, by fiscal year 2030, comply with the revised
Guiding Principles for Federal Leadership in High
Performance and Sustainable Buildings (Guiding
Principles), and will reach 100 percent conformance
with the Guiding Principles for building inventory by
2050;
(C) identifying, as part of the planning
requirements of this section, a percentage of the
existing buildings of the Department that are larger
than 5,000 gross square feet and intended to be energy,
waste, or water net-zero buildings by fiscal year 2030,
and implementing actions that will allow those
buildings to meet that target;
(D) including in all new Department lease
solicitations for buildings or facilities larger than
10,000 rentable square feet--
(i) criteria for energy efficiency either
as a required performance specification or as a
source selection evaluation factor in best-
value tradeoff procurements; and
(ii) requirements for building lessor
disclosure of carbon emission or energy
consumption data for any portion of the
building occupied by the Department that may be
provided by the lessor through submetering or
estimation from prorated occupancy data,
whichever is more cost-effective;
(E) including in the planning for new buildings or
leases cost-effective strategies to optimize
sustainable space usage and consideration of existing
community transportation planning and infrastructure,
including access to public transit; and
(F) including the incorporation of climate-
resilient design and management elements into the
operation, repair, and renovation of existing
Department buildings and the design of new Department
buildings;
(10) promote sustainable acquisition and procurement by
ensuring that environmental performance and sustainability
factors are included for all applicable procurements in the
planning, award, and execution phases of the acquisition by--
(A) preferentially purchasing--
(i) recycled content products designated by
the Environmental Protection Agency;
(ii) energy and water efficient products
and services identified by the Environmental
Protection Agency and the Department of Energy;
and
(iii) BioPreferred and biobased products,
as designated by the Department of Agriculture;
(B) purchasing sustainable products and services
identified by the Environmental Protection Agency;
(C) purchasing products or services that--
(i) meet or exceed specifications,
standards, or labels recommended by the
Environmental Protection Agency that have been
determined to assist agencies in meeting their
needs and further advance sustainable
procurement goals; or
(ii) meet environmental performance
criteria developed or adopted by voluntary
consensus standards bodies consistent with
section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C.
272 note(d));
(D) acting, as part of the implementation of
planning requirements under section 3, until the
Department achieves at least 95 percent compliance with
the BioPreferred and biobased purchasing requirement in
this paragraph, to--
(i) establish annual targets for the number
of contracts to be awarded with BioPreferred
and biobased criteria and the dollar value of
BioPreferred and biobased products to be
delivered and reported under those contracts in
the following fiscal year, by considering--
(I) the dollar value of designated
BioPreferred and biobased products
reported in previous years;
(II) the specifications reviewed
and revised for inclusion of
BioPreferred and biobased products; and
(III) the number of applicable
product and service contracts to be
awarded, including construction,
operations and maintenance, food
services, vehicle maintenance, and
janitorial services; and
(ii) ensure contractors submit timely
annual reports on BioPreferred and biobased
purchases; and
(E) reducing copier and printing paper use and
acquiring uncoated printing and writing paper
containing at least 30 percent post-consumer recycled
content or greater; and
(11) implement energy savings performance contracts for
Department buildings by--
(A) using energy savings performance contracting as
a tool to help meet energy efficiency and management
goals while implementing life-cycle cost-effective
energy efficiency and clean energy technology and water
conservation measures; and
(B) providing annual Department targets for
performance contracting for energy savings for fiscal
year 2021 and subsequent fiscal years as part of the
planning requirements of section 3.
(b) Strategic Sustainability Performance Plan.--For each of fiscal
years 2021 through 2040, the Secretary of Defense shall develop,
implement, and annually update an integrated Strategic Sustainability
Performance Plan for the Department. Not later than 180 days before the
end of the fiscal year, each year the Secretary shall submit to
Congress the plan for the Department for the subsequent fiscal year.
Each such plan shall be made publicly available on the website of the
Department.
(c) Limitations.--This section shall apply with respect to
activities, personnel, resources, and facilities of the Department that
are located within the United States. The Secretary of Defense may
provide that this section shall apply in whole or in part with respect
to the activities, personnel, resources, and facilities of the
Department that are not located within the United States, if the
Secretary determines that such application is in the interest of the
United States.
(d) Waiver Authority.--
(1) In general.--The Secretary of Defense may waive the
requirements of this section with respect to a particular
activity or facility of the Department if the Secretary
determines such a waiver is in the national security interests
of the United States.
(2) Notice.--Not later than 30 days after the Secretary
issues a waiver under subsection (a), the Secretary shall
submit to the chair and ranking member of the Committees on
Armed Services of the Senate and House of Representatives
notice of the waiver and the reason for the waiver.
(e) Definitions.--In this section:
(1) The term ``advanced energy meters'' means those energy
meters that meet the requirements for certification as defined
by the Leadership in Energy and Environmental Design (LEED)
program as maintained by the U.S. Green Building Council
(USGBC).
(2) The term ``average greenhouse gas intensity of power
generation on the United States electric grid'' means the total
net greenhouse gas emissions from the electricity sector in the
previous fiscal year as measured in carbon dioxide equivalents
and determined by the Energy Information Administration in
consultation with the Environmental Protection Agency, divided
by the national net power generation over the same period as
determined by the Energy Information Administration.
(3) The term ``best-value tradeoff procurements'' means a
process by which the Government considers whether it is in the
best interest of the Government to award a contract to an
entity other than the lowest price offeror or other than the
highest technically rated offeror based on established
evaluation factors.
(4) The term ``clean energy'' means any energy produced by
a generation project that is at least 50 percent less
greenhouse gas intensive on a marginal basis as measured by
carbon dioxide equivalents per megawatt-hour than the average
greenhouse gas intensity of power generation on the United
States electric grid over the previous fiscal year at the time
of contracting.
(5) The term ``clean energy attributes'' means the
technology and non-energy attributes that represent proof that
1 megawatt-hour of electricity was generated from an eligible
clean energy resource, that can be sold separately from the
underlying generic electricity with which they are associated
by sources of clean energy placed into service within 10 years
prior to the start of the fiscal year.
(6) The term ``climate resilient design'' means to design
assets to prepare for, withstand, respond to, or quickly
recover from disruptions due to severe weather events and
climate change for the intended life of the asset.
(7) The term ``Department facility'' means any building or
collection of buildings, grounds, or structures, as well as any
fixture or part thereof, which is owned by the Department of
Defense or that is held by the Department under a lease-
acquisition agreement under which the Department will receive
fee simple title under the terms of such agreement without
further negotiation.
(8) The term ``energy net zero'' means a building where the
total energy used by the building on an annual basis is equal
to the amount of clean energy created in site.
(9) The term ``equal value replacement renewable energy
certificates'' means a quantity of renewable energy
certificates equal to the number of megawatt-hours of clean
electricity generated from an eligible renewable energy
resource.
(10) The term ``greenhouse gas'' means carbon dioxide,
methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons,
nitrogen triflouride, sulfur hexafluoride, and any other
substance so identified by the Administrator of the
Environmental Protection Agency.
(11) The term ``greenhouse gas intensity on a marginal
basis'' means the marginal fossil fuel use multiplied by the
lower heating value of the fossil fuel, as defined by the
Energy Information Administration, multiplied by the carbon
dioxide emissions coefficients of the fossil fuel, as defined
by the Energy Information Administration. If a project uses no
fossil fuel, the marginal greenhouse gas emissions are defined
as zero.
(12) The term ``green infrastructure features'' means
features of infrastructure which use natural hydrologic
features to manage water and provide environmental and
community benefits.
(13) The term ``life-cycle cost-effective'' means the costs
of a product, project, or measure during the life of the
product, project, or measure are estimated to be equal to or
less than the current or standard practice or product.
(14) The term ``marginal greenhouse gas emissions'' means
the marginal fossil fuel use multiplied by the lower heating
value of the fossil fuel, as defined by the Energy Information
Administration, multiplied by the carbon dioxide emissions
coefficients of the fossil fuel, as defined by the Energy
Information Administration. If a project uses no fossil fuel,
the marginal greenhouse gas emissions are defined as zero.
(15) The term ``marginal fossil fuel use'' means the fossil
fuel combusted to produce energy by the project, measured in
metric tons per year, minus any existing fossil combustion,
measured in metric tons per year, within the same system that
is determined by the Administrator of the Environmental
Protection Agency in consultation with the Secretary of Energy
and Administrator of the Energy Information Administration to
be necessary to the production of the contracted energy
generation and would have been consumed regardless of the
addition of the contracted energy generation.
(16) The term ``energy savings performance contract'' means
a contract that--
(A) provides for the performance of services for
the design, acquisition, installation, testing, and,
where appropriate, operation, maintenance, and repair,
of an identified energy conservation measure or series
of measures at 1 or more locations; and
(B) with respect to an agency facility that is a
public building (as such term is defined in section
3301 of title 40, United States Code), is in compliance
with the prospectus requirements and procedures of
section 3307 of title 40, United States Code.
(17) The term ``power usage effectiveness'' means the ratio
obtained by dividing the total amount of electricity and other
power consumed in running a data center by the power consumed
by the information and communications technology in the data
center.
(18) The term ``renewable attributes'' means the
environmental benefits associated with 1 megawatt-hour of
electricity generated from a renewable energy resource.
(19) The term ``renewable energy certificate'' means the
technology and non-energy attributes that represent proof that
1 megawatt-hour of electricity was generated from an eligible
renewable energy resource, that can be sold separately from the
underlying generic electricity with which they are associated
and were produced by sources of renewable energy placed into
service within 10 years prior to the start of the fiscal year.
(20) The term ``resiliency'' means the ability to maintain
or quickly restore functionality or use of applicable
infrastructure following a disruptive external event including,
but not limited to, severe storms, extreme heat, flooding, and
earthquakes.
(21) The term ``source selection evaluation factor'' means
factors an agency uses to determine which of several competing
proposals submitted in response to an request for proposal
would best meet the agency's needs.
(22) The term ``sustainability'' means a measure of the
ability of a development, infrastructure project, or of general
Department operations to meet current operational needs without
compromising the ability of future generations to meet these
needs through the depletion of strategic resources, long-term
environmental harm or pollution, contributing to an unsafe
climate, or any other measures as deemed by the Secretary with
consultation from the Administrator of the Environmental
Protection Agency and Chair of the Council on Environmental
Quality.
(23) The term ``United States'' means the fifty States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the
Northern Mariana Islands, and associated territorial waters and
airspace.
(24) The term ``waste net zero'' refers to any building
which through the reduction, reuse, recycling, composting, or
recovery of solid waste streams (with the exception of any
hazardous materials or medical waste) results in the
elimination of any waste that is sent for disposal to landfills
or incinerators.
(25) The term ``water balance'' means a comparison of the
water supplied to a defined system to the water consumed by
that system in order to identify the proportion of water
consumed for specific end-uses and ensure potential water leaks
in the system are addressed.
(26) The term ``water net zero'' means any building which
returns water to the original water source such that the annual
water consumption is equivalent to the alternative water use
plus water returned to the original source over the course of a
year through practices that minimize total water consumption,
maximize alternative water sources, and minimize wastewater
discharge from the building.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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