,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gdag ,,in ,,the ,,house ,,of ,,representatives ,june #cj1 #bjbj ,mr4 ,casten of ,illinois introduced the following bill2 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 ,defense1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,security ,resiliency and ,sustainability ,act of #bjbj4 #b4 ,resiliency and ,sustainability ,goals for the ,department of ,defense 7a7 ,in general ,for fiscal year #bjba and any subsequent fiscal year1 the ,secretary of ,defense shall-- 7#a7 reduce energy intensity 7measured in ,british thermal units per gross square foot7 in buildings of the ,department by #b4e percent annually through the end of fiscal year #bjbg1 relative to the baseline energy use in buildings of the ,department in #bjjh by implementing efficiency measures4 7#b7 improve data center energy efficiency at ,department facilities by-- 7,a7 ensuring the chief information officer of the ,department promotes energy optimization1 efficiency1 and performance in data centers2 7,b7 installing and monitoring advanced energy meters in all data centers by #bjbc2 and 7,c7 establishing a power usage effectiveness target of #a4b to #a4d for new data centers and less than #a4e for existing data centers2 7#c7 ensure that electric energy and thermal energy in ,department buildings are comprised of clean energy1 in amounts-- 7,a7 not less than #bh percent for fiscal years #bjbh and #bjbi2 7,b7 not less than #cc percent for fiscal years #bjcj and #bjca2 7,c7 not less than #cg percent for fiscal years #bjcb and #bjcc2 7,d7 not less than #ci percent for fiscal years #bjcd and #bjce2 7,e7 not less than #db percent for fiscal years #bjcf and #bjcg2 and 7,f7 not less than #de percent for fiscal year #bjch and each year thereafter2 7#d7 ensure that the percentage of the total amount of electric energy consumed by the ,department that is clean energy is-- 7,a7 not less than #bh percent for fiscal year #bjbe2 7,b7 not less than #cj percent for fiscal years #bjbf and #bjbg2 7,c7 not less than #cc percent for fiscal years #bjbh and #bjbi2 7,d7 not less than #cg percent for fiscal years #bjcj and #bjca2 7,e7 not less than #dj percent for fiscal years #bjcb and #bjcc2 7,f7 not less than #dc percent for fiscal years #bjcd and #bjce2 7,g7 not less than #df percent for fiscal years #bjcf and #bjcg2 and 7,h7 not less than #ej percent for fiscal year #bjch and each year thereafter2 7#e7 ensure that all clean energy capacity added between #bjba and #bjdj 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 energy2 7#f7 include in the electric energy portion of the clean energy requirements established in paragraphs 7#c7 and 7#d71 and retain all renewable energy certificates and clean energy attributes for1 clean electric energy associated with-- 7,a7 installing clean energy on site at ,department facilities2 7,b7 contracting for the purchase of energy1 which includes-- 7i7 the installation of renewable energy on site at a ,department facility or off site from a ,department facility2 and 7ii7 the installation of clean energy operating or owned by a third party on site of a ,department facility that is directly serving local loads1 and for which the facility has a commitment to procure1 for a contract period of not less than #aj years and up to a period of #dj years1 the lesser of-- 7,i7 #ajj percent of clean energy asset output2 or 7,,ii7 #ajj percent of facility energy needs2 and 7iii7 a contract for differences with a minimum off-take period of #aj years1 and up to a period of #dj years1 for the installation of clean energy not physically located on site at a ,department facility nor electrically connected to the facility1 for which the department agrees to procure the energy 7in ,m,wh71 as well as corresponding renewable energy certificates1 and clean energy attributes1 at a defined price for the period of the contract2 7#g7 include1 in the thermal electric energy portion of the clean energy requirement established in paragraph 7#c71 clean energy associated with-- 7,a7 installing thermal clean energy on site at ,department facilities and retaining corresponding renewable and clean attributes2 and 7,b7 fulfilling the requirements of the energy policy of the ,department as provided in section #biaa of title #aj1 ,united ,states ,code2 7#h7 improve water use efficiency and management1 including stormwater management1 by-- 7,a7 reducing potable water consumption intensity1 measured in gallons per gross square foot1 by #cf percent by fiscal year #bjbe through reductions of #b percent annually through fiscal year #bjbe relative to a baseline of the water consumption of the ,department in fiscal year #bjjg2 7,b7 installing water meters and collecting and using building and facility water balance data to improve water conservation and management2 7,c7 reducing the industrial1 landscaping1 and agricultural water consumption1 measured in gallons1 by #b percent annually through fiscal year #bjbe relative to a baseline of the industrial1 landscaping1 and agricultural water consumption of the ,department during fiscal year #bjaj2 and 7,d7 installing appropriate green infrastructure features on ,department property to help with stormwater and wastewater management2 7#i7 improve building efficiency1 performance1 and management by-- 7,a7 ensuring1 for fiscal year #bjba and each subsequent fiscal year1 that the new construction of any ,department building larger than #e1jjj gross square feet that enters the planning process is designed to achieve energy net-zero and1 water or waste net-zero by fiscal year #bjce2 7,b7 identifying1 beginning in fiscal year #bjba1 as part of the planning requirements of section #c1 a percentage of at least #ae percent1 measured by number or total square footage1 of the existing ,department buildings larger than #e1jjj gross square feet that will1 by fiscal year #bjcj1 comply with the revised ,guiding ,principles for ,federal ,leadership in ,high ,performance and ,sustainable ,buildings 7,guiding ,principles71 and will reach #ajj percent conformance with the ,guiding ,principles for building inventory by #bjej2 7,c7 identifying1 as part of the planning requirements of this section1 a percentage of the existing buildings of the ,department that are larger than #e1jjj gross square feet and intended to be energy1 waste1 or water net-zero buildings by fiscal year #bjcj1 and implementing actions that will allow those buildings to meet that target2 7,d7 including in all new ,department lease solicitations for buildings or facilities larger than #aj1jjj rentable square feet-- 7i7 criteria for energy efficiency either as a required performance specification or as a source selection evaluation factor in best-value tradeoff procurements2 and 7ii7 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 data1 whichever is more cost-effective2 7,e7 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 infrastructure1 including access to public transit2 and 7,f7 including the incorporation of climate-resilient design and management elements into the operation1 repair1 and renovation of existing ,department buildings and the design of new ,department buildings2 7#aj7 promote sustainable acquisition and procurement by ensuring that environmental performance and sustainability factors are included for all applicable procurements in the planning1 award1 and execution phases of the acquisition by-- 7,a7 preferentially purchasing-- 7i7 recycled content products designated by the ,environmental ,protection ,agency2 7ii7 energy and water efficient products and services identified by the ,environmental ,protection ,agency and the ,department of ,energy2 and 7iii7 ,bio,preferred and biobased products1 as designated by the ,department of ,agriculture2 7,b7 purchasing sustainable products and services identified by the ,environmental ,protection ,agency2 7,c7 purchasing products or services that-- 7i7 meet or exceed specifications1 standards1 or labels recommended by the ,environmental ,protection ,agency that have been determined to assist agencies in meeting their needs and further advance sustainable procurement goals2 or 7ii7 meet environmental performance criteria developed or adopted by voluntary consensus standards bodies consistent with section #ab7;d7 of the ,national ,technology ,transfer and ,advancement ,act of #aiie 7#ae ,u4,s4,c4 #bgb note7d772 7,d7 acting1 as part of the implementation of planning requirements under section #c1 until the ,department achieves at least #ie percent compliance with the ,bio,preferred and biobased purchasing requirement in this paragraph1 to-- 7i7 establish annual targets for the number of contracts to be awarded with ,bio,preferred and biobased criteria and the dollar value of ,bio,preferred and biobased products to be delivered and reported under those contracts in the following fiscal year1 by considering-- 7,i7 the dollar value of designated ,bio,preferred and biobased products reported in previous years2 7,,ii7 the specifications reviewed and revised for inclusion of ,bio,preferred and biobased products2 and 7,,iii7 the number of applicable product and service contracts to be awarded1 including construction1 operations and maintenance1 food services1 vehicle maintenance1 and janitorial services2 and 7ii7 ensure contractors submit timely annual reports on ,bio,preferred and biobased purchases2 and 7,e7 reducing copier and printing paper use and acquiring uncoated printing and writing paper containing at least #cj percent post-consumer recycled content or greater2 and 7#aa7 implement energy savings performance contracts for ,department buildings by-- 7,a7 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 measures2 and 7,b7 providing annual ,department targets for performance contracting for energy savings for fiscal year #bjba and subsequent fiscal years as part of the planning requirements of section #c4 7b7 ,strategic ,sustainability ,performance ,plan ,for each of fiscal years #bjba through #bjdj1 the ,secretary of ,defense shall develop1 implement1 and annually update an integrated ,strategic ,sustainability ,performance ,plan for the ,department4 ,not later than #ahj days before the end of the fiscal year1 each year the ,secretary shall submit to ,congress the plan for the ,department for the subsequent fiscal year4 ,each such plan shall be made publicly available on the website of the ,department4 7c7 ,limitations ,this section shall apply with respect to activities1 personnel1 resources1 and facilities of the ,department that are located within the ,united ,states4 ,the ,secretary of ,defense may provide that this section shall apply in whole or in part with respect to the activities1 personnel1 resources1 and facilities of the ,department that are not located within the ,united ,states1 if the ,secretary determines that such application is in the interest of the ,united ,states4 7d7 ,waiver ,authority 7#a7 ,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 ,states4 7#b7 ,notice ,not later than #cj days after the ,secretary issues a waiver under subsection 7a71 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 waiver4 7e7 ,definitions ,in this section3 7#a7 ,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 7,,leed7 program as maintained by the ,u4,s4 ,green ,building ,council 7,,usgbc74 7#b7 ,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 ,agency1 divided by the national net power generation over the same period as determined by the ,energy ,information ,administration4 7#c7 ,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 factors4 7#d7 ,the term clean energy means any energy produced by a generation project that is at least #ej 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 contracting4 7#e7 ,the term clean energy attributes means the technology and non-energy attributes that represent proof that #a megawatt-hour of electricity was generated from an eligible clean energy resource1 that can be sold separately from the underlying generic electricity with which they are associated by sources of clean energy placed into service within #aj years prior to the start of the fiscal year4 7#f7 ,the term climate resilient design means to design assets to prepare for1 withstand1 respond to1 or quickly recover from disruptions due to severe weather events and climate change for the intended life of the asset4 7#g7 ,the term ,department facility means any building or collection of buildings1 grounds1 or structures1 as well as any fixture or part thereof1 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 negotiation4 7#h7 ,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 site4 7#i7 ,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 resource4 7#aj7 ,the term greenhouse gas means carbon dioxide1 methane1 nitrous oxide1 hydrofluorocarbons1 perfluorocarbons1 nitrogen triflouride1 sulfur hexafluoride1 and any other substance so identified by the ,administrator of the ,environmental ,protection ,agency4 7#aa7 ,the term greenhouse gas intensity on a marginal basis means the marginal fossil fuel use multiplied by the lower heating value of the fossil fuel1 as defined by the ,energy ,information ,administration1 multiplied by the carbon dioxide emissions coefficients of the fossil fuel1 as defined by the ,energy ,information ,administration4 ,if a project uses no fossil fuel1 the marginal greenhouse gas emissions are defined as zero4 7#ab7 ,the term green infrastructure features means features of infrastructure which use natural hydrologic features to manage water and provide environmental and community benefits4 7#ac7 ,the term life-cycle cost-effective means the costs of a product1 project1 or measure during the life of the product1 project1 or measure are estimated to be equal to or less than the current or standard practice or product4 7#ad7 ,the term marginal greenhouse gas emissions means the marginal fossil fuel use multiplied by the lower heating value of the fossil fuel1 as defined by the ,energy ,information ,administration1 multiplied by the carbon dioxide emissions coefficients of the fossil fuel1 as defined by the ,energy ,information ,administration4 ,if a project uses no fossil fuel1 the marginal greenhouse gas emissions are defined as zero4 7#ae7 ,the term marginal fossil fuel use means the fossil fuel combusted to produce energy by the project1 measured in metric tons per year1 minus any existing fossil combustion1 measured in metric tons per year1 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 generation4 7#af7 ,the term energy savings performance contract means a contract that-- 7,a7 provides for the performance of services for the design1 acquisition1 installation1 testing1 and1 where appropriate1 operation1 maintenance1 and repair1 of an identified energy conservation measure or series of measures at #a or more locations2 and 7,b7 with respect to an agency facility that is a public building 7as such term is defined in section #ccja of title #dj1 ,united ,states ,code71 is in compliance with the prospectus requirements and procedures of section #ccjg of title #dj1 ,united ,states ,code4 7#ag7 ,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 center4 7#ah7 ,the term renewable attributes means the environmental benefits associated with #a megawatt-hour of electricity generated from a renewable energy resource4 7#ai7 ,the term renewable energy certificate means the technology and non-energy attributes that represent proof that #a megawatt-hour of electricity was generated from an eligible renewable energy resource1 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 #aj years prior to the start of the fiscal year4 7#bj7 ,the term resiliency means the ability to maintain or quickly restore functionality or use of applicable infrastructure following a disruptive external event including1 but not limited to1 severe storms1 extreme heat1 flooding1 and earthquakes4 7#ba7 ,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 needs4 7#bb7 ,the term sustainability means a measure of the ability of a development1 infrastructure project1 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 resources1 long-term environmental harm or pollution1 contributing to an unsafe climate1 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 ,quality4 7#bc7 ,the term ,united ,states means the fifty ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,northern ,mariana ,islands1 and associated territorial waters and airspace4 7#bd7 ,the term waste net zero refers to any building which through the reduction1 reuse1 recycling1 composting1 or recovery of solid waste streams 7with the exception of any hazardous materials or medical waste7 results in the elimination of any waste that is sent for disposal to landfills or incinerators4 7#be7 ,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 addressed4 7#bf7 ,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 consumption1 maximize alternative water sources1 and minimize wastewater discharge from the building4