[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6937 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6937
To improve energy and water efficiencies and conservation throughout
the Department of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2008
Mr. Buyer (for himself, Mr. Michaud, Mr. Miller of Florida, Mr.
Boozman, Mr. Lamborn, Mr. Salazar, Mr. Walz of Minnesota, Mr.
Bilirakis, Mr. Brown of South Carolina, and Mr. Hare) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs, and in addition to the Committee on Science and Technology,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To improve energy and water efficiencies and conservation throughout
the Department of Veterans Affairs, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Veterans Affairs Energy Sustainability Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Department of Veterans Affairs Sustainability Program.
Sec. 3. Database on energy and water usage and expenditures.
Sec. 4. Annual energy usage audit requirements.
Sec. 5. Office of Energy Management.
Sec. 6. Advisory Committee on Energy Management and Sustainability.
Sec. 7. Compliance with Executive Order 13423 and Department of
Veterans Affairs Directive 0055.
Sec. 8. Installation of fueling stations for alternative fuels.
Sec. 9. Installation of energy efficient and renewable energy systems
in Department buildings.
Sec. 10. Use of electrical sub-metering of buildings of the Department
of Veterans Affairs.
Sec. 11. Energy Star acquisition requirements.
Sec. 12. Grants for adaptive housing to encourage use of high
efficiency systems and products and other
energy reduction items.
Sec. 13. Grants for adaptive vehicles to encourage purchase of
alternative fuel vehicles.
Sec. 14. Study on water and energy consumption by National Cemetery
Administration.
Sec. 15. Use by Department of Veterans Affairs of expertise of the
national laboratories regarding energy and
water efficient technologies.
Sec. 16. Pilot program for the sale of air pollution emission reduction
incentives and retention of proceeds from
sales.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS SUSTAINABILITY PROGRAM.
(a) Sustainability Program.--Not later than two years after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall implement a comprehensive program (to be known as the ``Energy
Sustainability Program'') throughout the Department of Veterans Affairs
for the purpose of using resources in a manner so that the resources
are used in a manner that minimizes consumption and encourages the use
of alternative sources of energy while still meeting the
responsibilities of the Department.
(b) Goals of Program.--The goals of the Sustainability Program
are--
(1) to reduce overall energy consumption by the Department
of Veterans Affairs, per unit of measure determined by the
Secretary of Veterans Affairs;
(2) to reduce overall water usage by each of the Veterans
Health Administration, National Cemetery Administration, and
Veterans Benefits Administration, per unit of measure
determined by the Secretary;
(3) to reduce the non-biohazard and non-toxic waste stream
generated by activities of the Department;
(4) to increase, whenever appropriate, the use of products
that promote and support an integrated approach to
sustainability; and
(5) to cooperate to the maximum extent possible with State
and local jurisdictions in matters of sustainability.
(c) Outreach.--The Secretary of Veterans Affairs shall take
immediate action to inform all personnel of the Department of Veterans
Affairs about the need for the Sustainability Program and its goals and
to encourage feedback from Department personnel.
(d) Management Organization.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
establish a management organization, to be led by the Assistant
Secretary for Management, to develop the Sustainability Program. To
assist the management organization, the Secretary shall appoint an
advisory council, to be comprised of Government employees, private
persons, and industry officials with experience and expertise in
developing sustainability programs.
(e) Strategic Plan.--
(1) Plan required.--As part of the Energy Sustainability
Program, the Secretary of Veterans Affairs shall develop a
strategic plan for energy sustainability for the Department of
Veterans Affairs.
(2) Report to congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to Congress a report on the progress made by the Secretary in
developing the plan required by subsection (a).
SEC. 3. DATABASE ON ENERGY AND WATER USAGE AND EXPENDITURES.
(a) Database Required.--The Secretary of Veterans Affairs shall
establish and maintain a database to track and report on energy and
water expenditures by the Department of Veterans Affairs. The database
will provide a baseline to compare changes in Department energy and
water expenditures.
(b) Database Categories.--At a minimum in maintaining the database,
the Secretary of Veterans Affairs shall maintain summary statistics by
facility type, major census region, size and age of facility, and
energy and water source. In the case of health care facilities, the
Secretary shall use subcategories of inpatient, outpatient, nursing
home, and domiciliary care. Data on energy sources shall include the
percentage of energy supplied by petroleum, natural gas, coal, and
alternative energy.
SEC. 4. ANNUAL ENERGY USAGE AUDIT REQUIREMENTS.
(a) Baseline.--
(1) Establishment.--Not later than September 30, 2009, the
Secretary of Veterans Affairs shall complete an audit of energy
usage by the Department of Veterans Affairs during fiscal year
2009.
(2) Submission.--Not later than March 30, 2010, the
Secretary shall submit to Congress, in electronic form, a
report containing the results of the energy audit.
(3) Use.--The energy audit shall serve as a baseline for
the Sustainability Program required by section 2 and identify
the potential impact of the Sustainability Program on the
budget of the Department of Veterans Affairs.
(b) Annual Energy Audit Update and Report.--As part of the annual
report required to be submitted under section 546(e)(b) of title 38,
United States Code, as added by section 5, the Secretary shall include
a report comparing energy usage by the Department of Veterans Affairs
during the last fiscal year that ended before the submission of the
report to the fiscal year 2009 baseline.
SEC. 5. OFFICE OF ENERGY MANAGEMENT.
(a) Establishment of Office.--Chapter 3 of title 38, United States
Code, is amended by adding at the end the following new section:
``Sec. 321. Office of Energy Management
``(a) Establishment.--There is in the Department an Office of
Energy Management.
``(b) Head.--There is at the head of the Office a Director, who
shall be a Deputy Assistant Secretary. The Director reports directly to
the Assistant Secretary for Management.
``(c) Responsibilities.--The Director is responsible for--
``(1) the formulation of policy and planning related to,
and the implementation of, energy management programs of the
Department; and
``(2) the monitoring of Department compliance with--
``(A) Executive Orders, Department Directives, and
statutory requirements relating to energy management;
``(B) Department energy audits; and
``(C) reporting requirements to Congress relating
to the Department energy policies; and
``(3) serving as the chair of the Advisory Committee on
Energy Management and Sustainability under section 546 of this
title.
``(d) Staff and Support.--The Office shall employ a sufficient
number of personnel as are necessary to carry out the responsibilities
of the Office. The Secretary shall ensure that the Office is furnished
sufficient resources in addition to personnel to enable the Office to
carry out its responsibilities in a timely manner.''.
(b) Increase in Maximum Number of Deputy Assistant Secretaries.--
Section 308(d)(1) of such title is amended by striking ``not exceeding
19'' and inserting ``not exceeding 20''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``321. Office of Energy Management.''.
SEC. 6. ADVISORY COMMITTEE ON ENERGY MANAGEMENT AND SUSTAINABILITY.
(a) Establishment.--Chapter 5 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 546. Advisory Committee on Energy Management and Sustainability
``(a) Establishment.--There is in the Department the Advisory
Committee on Energy Management and Sustainability (hereinafter in this
section referred to as the `Committee'). The chair of the Committee is
the Director of the Office of Energy Management under section 321 of
this title.
``(b) Membership.--(1) The Committee shall consist of members
appointed by the Secretary from the general public, including--
``(A) individuals who are recognized authorities in fields
pertinent to energy management and sustainability; and
``(B) representatives of industries relating to energy
management and sustainability.
``(2) The Committee shall include, as ex officio members, the
following:
``(A) The Under Secretary for Health, or the Under
Secretary's designee.
``(B) The Under Secretary for Benefits, or the Under
Secretary's designee.
``(C) The Under Secretary for Memorial Affairs, or the
Under Secretary's designee
``(D) The Assistant Secretary for Management, or the
Assistant Secretary's designee.
``(E) The Chief Information Officer, or the Chief
Information Officer's designee.
``(F) Such other officers of the Department as the
Secretary considers appropriate.
``(3) The Secretary shall ensure that the members of the Committee
have expertise in the areas covered by the memorandum of understanding
entitled `Federal Leadership in High Performance and Sustainable
Buildings' entered into on March 6, 2006, as in effect on the date of
the enactment of this section, namely--
``(A) employment of integrated design principles;
``(B) optimization of energy performance;
``(C) protection and conservation of water;
``(D) enhancement of indoor environmental quality; and
``(E) reduction of the environmental impact of materials.
``(4) The Secretary shall determine the number, terms of service,
and pay and allowances of members of the Committee appointed by the
Secretary, except that a term of service of any such member may not
exceed three years. The Secretary may reappoint any such member for
additional terms of service.
``(c) Responsibilities.--(1) The Committee shall provide advice,
coordination, and recommendations related to the implementation of the
sustainability construction projects for the Department of Veterans
Affairs.
``(d) Consultation.--(1) The Secretary shall, on a regular basis,
consult with and seek the advice of the Committee with respect to the
implementation of energy and sustainability programs at the Department.
``(2) In providing advice to the Secretary under this subsection,
the Committee shall--
``(A) assemble and review information relating to the needs
of the Department as part of a whole sustainability and energy
savings program;
``(B) provide an assessment of the effectiveness of the
policies, organizational structures, and services of the
Department's sustainability program; and
``(C) provide on-going advice on the most appropriate means
of responding to additional energy and sustainability
requirements as may be imposed upon the Department through
additional Acts of Congress, or through Presidential Executive
Orders for each of the Department's business lines.
``(e) Annual Reports.--(1) Not later than December 31 of each year,
the Committee shall submit to the Secretary an electronic report on the
programs and activities of the Department relating to sustainability
programs and energy efficiency programs developed by the Department.
Each such report shall include--
``(A) an assessment of the needs of each of the
Department's business lines to enhance sustainability programs
within each administration;
``(B) a review of the programs and activities of the
Department designed to meet such needs; and
``(C) such recommendations (including recommendations for
administrative and legislative action) as the Committee
considers appropriate.
``(2) Not later than 90 days after receipt of a report under
paragraph (1), the Secretary shall transmit electronically to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a copy of the report, together with any comments and
recommendations concerning the report that the Secretary considers
appropriate.
``(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers appropriate.
``(4) The Secretary shall submit with each annual report submitted
to the Congress pursuant to section 529 of this title a summary of all
reports and recommendations of the Committee submitted to the Secretary
since the previous annual report of the Secretary submitted pursuant to
that section.
``(f) Applicability of Federal Advisory Committee Act.--(1) Except
as provided in paragraph (2), the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the activities of the
Committee under this section.
``(2) Section 14 of such Act shall not apply to the Committee.''.
(b) Staff Awareness Campaigns To Encourage Support and Adoption of
Energy Savings Practices.--The Secretary of Veterans Affairs shall
conduct a campaign to encourage personnel of the Department of Veterans
Affairs to support and adopt energy savings practices.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``546. Advisory Committee on Energy Management and Sustainability.''.
SEC. 7. COMPLIANCE WITH EXECUTIVE ORDER 13423 AND DEPARTMENT OF
VETERANS AFFAIRS DIRECTIVE 0055.
(a) Executive Order 13423.--The Secretary of Veterans Affairs shall
ensure that the Department of Veterans Affairs complies with Executive
Order 13423. Not later than 30 days after the date of the enactment of
this Act, the Secretary shall notify Congress of the current status of
the Department's compliance.
(b) Department of Veterans Affairs Directive 0055.--The Secretary
of Veterans Affairs shall notify Congress--
(1) of the anticipated completion dates for meeting the
energy objectives contained in Department of Veterans Affairs
Directive 0055 using the management tools specified in that
Directive; and
(2) of the actual completion date for meeting each
objective.
SEC. 8. INSTALLATION OF FUELING STATIONS FOR ALTERNATIVE FUELS.
(a) Installation on Department Property of Fueling Stations for
Alternative Fuels.--To provide fuel sources for alternate fuel vehicles
acquired by the Department of Veterans Affairs, the Secretary of
Veterans Affairs shall install alternative fueling stations on at least
35 Department of Veterans Affairs medical facility campuses.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $7,000,000 to carry out subsection (a).
SEC. 9. INSTALLATION OF ENERGY EFFICIENT AND RENEWABLE ENERGY SYSTEMS
IN DEPARTMENT BUILDINGS.
(a) Plan To Increase Use of Renewable Energy and Energy Efficiency
Technologies in Department Facilities.--Not later than March 30, 2009,
the Secretary of Veterans Affairs shall submit to Congress, in
electronic form, a detailed plan for increasing the use of energy
efficient and renewable energy technologies in Department of Veterans
Affairs facilities and operations, including--
(1) qualified solar technologies such as distributed
amorphous, crystalline and nano-photovoltaic technologies
systems, solar heating systems, solar cooling systems, solar
hot water systems, solar lighting systems, and hybrid
technologies that incorporate one or more of such systems; and
(2) qualified energy efficient roof and building envelope
systems such as systems with high solar reflectance or thermal
emittance, including high albedo systems, systems with high
thermal resistance, including use of enhanced roof insulation,
systems with high thermal inertia, including use of ballasted
or vegetated roof systems.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $150,000,000 to carry out subsection (a).
SEC. 10. USE OF ELECTRICAL SUB-METERING OF BUILDINGS OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) Installation Required.--The Secretary of Veterans Affairs shall
provide for the installation of individual electrical sub-metering
equipment for--
(1) each boiler plant, chiller building, energy center, and
laundry of the Department of Veterans Affairs, whether in
existence as of the date of the enactment of this Act or
constructed after the date of the enactment of this Act; and
(2) all other buildings of the Department of Veterans
Affairs constructed after the date of the enactment of this
Act.
(b) Purpose.--The sub-metering required by this section is intended
to record building electrical energy consumption for economic analysis
and energy conservation measures.
(c) Installation Location.--
(1) In general.--In the case of boiler plants, chiller
buildings, energy centers, and laundry buildings, the sub-
metering equipment shall be installed at the building's low-
voltage switchboard. If high-voltage chillers are used,
additional sub-metering equipment for the chillers shall be
installed. The meters for boiler plants shall be located
separately from the energy center, where feasible.
(2) New separate buildings.--In the case of buildings
described in subsection (a)(2), the sub-metering equipment
shall be installed with the building's utilization voltage
equipment.
(3) Meter functions.--At a minimum, the meter shall monitor
voltage, current, kW, kW demand, kW hours, kVA, kVAR, and power
factor.
SEC. 11. ENERGY STAR ACQUISITION REQUIREMENTS.
The Secretary of Veterans Affairs shall ensure, to the maximum
extent practicable, that energy efficient products meeting the
requirements of the Department of Veterans Affairs are purchased
whenever the Department purchases items that consume electricity. In
determining the energy efficiency of products, the Secretary shall
consider products that--
(1) meet or exceed Energy Star specifications; or
(2) are listed on the Federal Energy Management Program
Product Energy Efficiency Recommendations product list of the
Department of Energy.
SEC. 12. GRANTS FOR ADAPTIVE HOUSING TO ENCOURAGE USE OF HIGH
EFFICIENCY SYSTEMS AND PRODUCTS AND OTHER ENERGY
REDUCTION ITEMS.
Section 2102 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(e) The dollar limitations specified in subsections (b) and (d)
may be increased by the lesser of--
``(1) an amount equal to the actual cost of any high
efficiency systems or products or other energy-use reduction
items incorporated into the housing unit; or
``(2) $10,000.''.
SEC. 13. GRANTS FOR ADAPTIVE VEHICLES TO ENCOURAGE PURCHASE OF
ALTERNATIVE FUEL VEHICLES.
Section 3902(a) of title 38, United States Code, is amended by
adding at the end the following new sentence: ``The amount otherwise
available to an eligible individual under this subsection may be
increased by an amount equal to the difference between the cost of an
alternative fuel vehicle and the cost of a comparable gas or diesel
model of the vehicle if the eligible person elects to purchase an
alternative fuel vehicle.''.
SEC. 14. STUDY ON WATER AND ENERGY CONSUMPTION BY NATIONAL CEMETERY
ADMINISTRATION.
(a) Water Consumption Study.--The Secretary of Veterans Affairs
shall conduct a study on water consumption by activities of the
National Cemetery Administration and ways to reduce water consumption.
The study shall also examine the extent to which the use of grasses and
other vegetation that is not native to the location of a national
cemetery affects water consumption and evaluate the feasibility of
composting grass clippings and other vegetation collected during
cleanup of national cemeteries.
(b) Fuel Consumption Study.--The Secretary of Veterans Affairs
shall conduct a study on fuel consumption by equipment of the National
Cemetery Administration used in maintaining national cemeteries and
ways to improve fuel efficiency at cemeteries and other facilities
under the control of the National Cemetery Administration.
(c) Deadline for Completion of Studies.--The Secretary of Veterans
Affairs shall complete the studies required under subsections (a) and
(b) by not later than September 30, 2009.
(d) Report.--Not later than March 31, 2010, the Secretary of
Veterans Affairs shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives a report on the studies
conducted under this section.
SEC. 15. USE BY DEPARTMENT OF VETERANS AFFAIRS OF EXPERTISE OF THE
NATIONAL LABORATORIES REGARDING ENERGY AND WATER
EFFICIENT TECHNOLOGIES.
(a) Memorandum of Understanding.--The Secretary of Veterans Affairs
and the Secretary of Energy shall enter into a memorandum of
understanding for the purpose of improving and facilitating the use by
the Department of Veterans Affairs of the expertise of the national
laboratories to evaluate energy and water efficient technologies for
use by the Department to implement this Act.
(b) Assistance.--The memorandum of understanding shall provide that
the Secretary of Veterans Affairs shall request assistance from the
national laboratories with respect to energy and water efficient
technologies as the Secretary of Veterans Affairs and the Secretary of
Energy determine can be provided through the technical skills and
experience of the national laboratories, using such financial
arrangements as the Secretaries determine are appropriate.
(c) Activities.--The memorandum of understanding shall provide that
the national laboratories shall carry out those activities necessary to
respond to requests for assistance from the Secretary of Veterans
Affairs referred to in subsection (b).
(d) National Laboratories.--In this section, the term ``national
laboratory'' has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
SEC. 16. PILOT PROGRAM FOR THE SALE OF AIR POLLUTION EMISSION REDUCTION
INCENTIVES AND RETENTION OF PROCEEDS FROM SALES.
(a) Authority.--The Secretary of Veterans Affairs, in consultation
with the Administrator of General Services, may carry out a pilot
program to sell economic incentives for the reduction of emission of
air pollutants attributable to a facility of the Department of Veterans
Affairs.
(b) Incentives Available for Sale.--Under the program, the
Secretary of Veterans Affairs may sell economic incentives for the
reduction of emission of air pollutants attributable to a facility of
the Department only if such incentives are not otherwise required for
the activities or operations of the Department.
(c) Use of Proceeds.--
(1) Credit to department facilities.--The proceeds of sale
of economic incentives attributable to a facility of the
Department shall be credited to the funds available to the
facility for the costs of identifying, quantifying, or valuing
economic incentives for the reduction of emission of air
pollutants. The amount credited shall be equal to the cost
incurred in identifying, quantifying, or valuing the economic
incentives sold.
(2) Allocation to department programs, projects, and
activities.--If after crediting under paragraph (1) a balance
remains, the amount of such balance shall be available to the
Department for allocation by the Secretary of Veterans Affairs
for programs, projects, and activities of the Department
necessary for compliance with Federal environmental laws,
including the purchase of economic incentives for the reduction
of emission of air pollutants. To the extent practicable,
amounts allocated under this paragraph shall be made available
to the facilities that generated the economic incentives
providing the basis for the amounts.
(3) Treatment of proceeds.--Funds credited under paragraph
(1) or allocated under paragraph (2) shall be merged with the
funds to which credited or allocated, as the case may be, and
shall be available for the same purposes and for the same
period as the funds with which merged.
(d) Definition.--In this section, the term ``economic incentives
for the reduction of emission of air pollutants'' means any
transferable economic incentives (including marketable permits and
emission rights) necessary or appropriate to meet air quality
requirements under the Clean Air Act (42 U.S.C. 7401 et seq.).
(e) Termination.--The authority to carry out a pilot program under
this section shall terminate on September 30, 2010.
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