,,ii #aadth ,,congress #ast ,session ,s4 #hic ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bf1 #bjae ,mr4 ,warner 7for himself and ,mr4 ,manchin7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to establish an ,energy ,productivity ,innovation ,challenge 7,,epic7 to assist energy policy innovation in the ,states to promote the goal of doubling electric and thermal energy productivity by ,january #a1 #bjcj4 #a4 ,short title ,this ,act may be cited as the ,energy ,productivity ,innovation ,challenge ,act of #bjae or the ,,epic ,act of #bjae4 #b4 ,purpose ,the purpose of this ,act is to assist energy policy innovation in the ,states to promote the goal of doubling electric and thermal energy productivity by ,january #a1 #bjcj4 #c4 ,definitions ,in this ,act3 7#a7 ,energy productivity ,the term energy productivity means1 in the case of a ,state or ,indian tribe1 the gross ,state or tribal product per ,british thermal unit of energy consumed in the ,state or tribal land of the ,indian tribe1 respectively4 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#c7 ,state ,the term ,state has the meaning given the term in section #c of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbjb74 #d4 ,phase #a3 ,initial allocation of grants to ,states 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall issue an invitation to ,states to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section4 7b7 ,grants 7#a7 ,in general ,subject to section #g1 the ,secretary shall use funds made available under section #h7;b77#a7 to provide an initial allocation of grants to not more than #be ,states4 7#b7 ,amount ,the amount of a grant provided to a ,state under this section shall be not less than #ejj1jjj nor more than #a1gej1jjj4 7c7 ,submission of plans ,to receive a grant under this section1 not later than #ij days after the date of issuance of the invitation under subsection 7a71 a ,state 7in consultation with energy utilities1 regulatory bodies1 and others7 shall submit to the ,secretary an application to receive the grant by submitting a revised ,state energy conservation plan under section #cfb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb74 7d7 ,decision by ,secretary 7#a7 ,basis ,the ,secretary shall base the decision of the ,secretary on an application submitted under this section on-- 7,a7 plans for improvement in electric and thermal energy productivity consistent with this ,act2 and 7,b7 other factors determined appropriate by the ,secretary1 including geographic diversity4 7#b7 ,ranking ,the ,secretary shall-- 7,a7 rank revised plans submitted under this section in order of the greatest to least likely contribution to improving energy productivity in the ,state2 and 7,b7 provide grants under this section in accordance with the ranking and the scale and scope of a plan4 7e7 ,plan requirements ,a plan submitted under subsection 7c7 shall provide-- 7#a7 a description of the manner in which-- 7,a7 energy savings will be monitored and verified and energy productivity improvements will be calculated using inflation-adjusted dollars2 7,b7 a statewide baseline of energy use and potential resources for calendar year #bjaj will be established to measure improvements2 7,c7 the plan will promote achievement of energy savings and demand reduction goals2 7,d7 public and private sector investments in energy efficiency will be leveraged with available ,federal funding2 and 7,e7 the plan will not cause cost-shifting among utility customer classes or negatively impact low-income populations2 and 7#b7 an assurance that-- 7,a7 the ,state energy office required to submit the plan1 the energy utilities in the ,state participating in the plan1 and the ,state public service commission are cooperating and coordinating programs and activities under this ,act2 7,b7 the ,state is cooperating with local units of government1 ,indian tribes1 and energy utilities to expand programs as appropriate2 and 7,c7 grants provided under this ,act will be used to supplement and not supplant ,federal1 ,state1 or ratepayer-funded programs or activities in existence on the date of enactment of this ,act4 7f7 ,uses ,a ,state may use grants provided under this section to promote-- 7#a7 the expansion of policies and programs that will advance industrial energy efficiency1 waste heat recovery1 combined heat and power1 and waste heat-to-power utilization2 7#b7 the expansion of policies and programs that will advance energy efficiency construction and retrofits for public and private commercial buildings 7including schools1 hospitals1 and residential buildings1 including multifamily buildings7 such as through expanded energy service performance contracts1 equivalent utility energy service contracts1 zero net-energy buildings1 and improved building energy efficiency codes2 7#c7 the expansion of residential policies and programs designed to implement best practice policies and tools for residential retrofit programs that-- 7,a7 reduce administrative and delivery costs for energy efficiency projects2 7,b7 encourage streamlining and automation to support contractor engagement2 and 7,c7 implement systems that encourage private investment and market innovation2 7#d7 the establishment or expansion of incentives in the electric utility sector to enhance demand response and energy efficiency1 including consideration of additional incentives to promote the purposes of section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d771 such as appropriate1 cost-effective policies regarding rate structures1 grid improvements1 behavior change1 combined heat and power and waste heat-to-power incentives1 financing of energy efficiency programs1 data use incentives1 district heating1 and regular energy audits2 and 7#e7 leadership by example1 in which ,state activities involving both facilities and vehicle fleets can be a model for other action to promote energy efficiency and can be expanded with ,federal grants provided under this ,act4 #e4 ,phase #b3 ,subsequent allocation of grants to ,states 7a7 ,reports ,not later than #ah months after the receipt of grants under section #d1 each ,state 7in consultation with other parties described in subsection 7b77#c77;,f77 that received grants under section #d may submit to the ,secretary a report that describes-- 7#a7 the performance of the programs and activities carried out with the grants2 and 7#b7 in consultation with other parties described in subsection 7b77#c77;,f71 the manner in which additional funds would be used to carry out programs and activities to promote the purposes of this ,act4 7b7 ,grants 7#a7 ,in general ,not later than #ahj days after the date of the receipt of the reports required under subsection 7a71 subject to section #g1 the ,secretary shall use amounts made available under section #h7;b77#b7 to provide grants to not more than #f ,states to carry out the programs and activities described in subsection 7a77#b74 7#b7 ,amount ,the amount of a grant provided to a ,state under this section shall be not more than #ae1jjj1jjj4 7#c7 ,basis ,the ,secretary shall base the decision of the ,secretary to provide grants under this section on-- 7,a7 the performance of the ,state in the programs and activities carried out with grants provided under section #d2 7,b7 the potential of the programs and activities described in subsection 7a77#b7 to achieve the purposes of this ,act2 7,c7 the desirability of maintaining a total project portfolio that is geographically and functionally diverse2 7,d7 the amount of non-,federal funds that are leveraged as a result of the grants to ensure that ,federal dollars are leveraged effectively2 7,e7 plans for continuation of the improvements after the receipt of grants under this ,act2 and 7,f7 demonstrated effort by the ,state to involve diverse groups1 including-- 7i7 investor-owned1 cooperative1 and public power utilities2 7ii7 local governments2 and 7iii7 nonprofit organizations4 #f4 ,allocation of grants to ,indian tribes 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall invite ,indian tribes to submit plans to participate in an electric and thermal energy productivity challenge in accordance with this section4 7b7 ,submission of plans ,to receive a grant under this section1 not later than #ij days after the date of issuance of the invitation under subsection 7a71 an ,indian tribe shall submit to the ,secretary a plan to increase electric and thermal energy productivity by the ,indian tribe4 7c7 ,decision by ,secretary 7#a7 ,in general ,not later than #ij days after the submission of plans under subsection 7b71 the ,secretary shall make a final decision on the allocation of grants under this section4 7#b7 ,basis ,the ,secretary shall base the decision of the ,secretary under paragraph 7#a7 on-- 7,a7 plans for improvement in electric and thermal energy productivity consistent with this ,act2 7,b7 plans for continuation of the improvements after the receipt of grants under this ,act2 and 7,c7 other factors determined appropriate by the ,secretary1 including-- 7i7 geographic diversity2 and 7ii7 size differences among ,indian tribes4 7#c7 ,limitation ,an individual ,indian tribe shall not receive more than #bj percent of the total amount available to carry out this section4 #g4 ,administration 7a7 ,independent evaluation ,to evaluate program performance and effectiveness under this ,act1 the ,secretary shall consult with the ,national ,research ,council regarding requirements for data and evaluation for recipients of grants under this ,act4 7b7 ,coordination with ,state energy conservation programs 7#a7 ,in general ,grants to ,states under this ,act shall be provided through additional funding to carry out ,state energy conservation programs under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq474 7#b7 ,relationship to ,state energy conservation programs 7,a7 ,in general ,a grant provided to a ,state under this ,act shall be used to supplement 7and not supplant7 funds provided to the ,state under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq474 7,b7 ,minimum funding ,a grant shall not be provided to a ,state for a fiscal year under this ,act if the amount of funding provided to all ,state grantees under the base formula for the fiscal year under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq47 is less than #ej1jjj1jjj4 7c7 ,voluntary participation ,the participation of a ,state in a challenge established under this ,act shall be voluntary4 #h4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to carry out this ,act #ajj1jjj1jjj for the period of fiscal years #bjaf and #bjag4 7b7 ,allocation ,of the total amount of funds made available under subsection 7a7-- 7#a7 #cj percent shall be used to provide an initial allocation of grants to ,states under section #d2 7#b7 #fa percent shall be used to provide a subsequent allocation of grants to ,states under section #e2 7#c7 #d percent shall be used to make grants to ,indian tribes under section #f2 and 7#d7 #e percent shall be available to the ,secretary for the cost of administration and technical support to carry out this ,act4 #i4 ,offset ,section #dbb7;f7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjhb7;f77 is amended-- 7#a7 in paragraph 7#c71 by striking and after the semicolon at the end2 and 7#b7 by striking paragraph 7#d7 and inserting the following3 7#d7 #bjj1jjj1jjj for each of fiscal years #bjac through #bjae2 7#e7 #aej1jjj1jjj for each of fiscal years #bjaf and #bjag2 and 7#f7 #bjj1jjj1jjj for fiscal year #bjah4 4