Federal Building Clean Jobs Act of 2021
This bill establishes additional energy-efficiency requirements and programs for federal buildings, with a particular focus on reducing energy and water consumption and greenhouse gas emissions by FY2030 through partnerships with the private sector.
Specifically, the bill requires federal agencies to reduce the following for their facilities by FY2030:
Federal agencies must also implement retrofit projects that reduce the energy consumption of their facilities by at least 35%. Additionally, the General Services Administration, the Department of Defense, the Department of Homeland Security, and the Department of Veterans Affairs must develop plans that ensure that at least 50% of certain facilities offer zero-emission vehicle charging or fueling by December 31, 2030.
The bill directs agencies to work with the private sector through partnerships and financing opportunities in order to implement the bill's requirements.
The bill also makes several other changes relating to federal building standards and related authorities, including (1) requiring lessors (i.e., property owners) to disclose data on the utility consumption of leased spaces; (2) requiring federal agencies to assess and mitigate area flood risks, based on climate science; and (3) authorizing long-term contracts for federal purchases of renewable energy.
To amend the Energy Independence and Security Act of 2007 to fund job-
 creating improvements in energy and resiliency for Federal buildings, 
    to enable a portfolio of clean buildings by 2030, 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 ``Federal Building Clean Jobs Act of 
2021''.

SEC. 2. FEDERAL BUILDING LEASING.

    (a) In General.--Section 435 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17091) is amended to read as follows:

``SEC. 435. LEASING.

    ``(a) Definition of Lessor.--In this section, the term `lessor' 
means any individual, firm, partnership, limited liability company, 
trust, association, State, unit of local government, or legal entity 
that is the rightful owner of a property leased to the Federal 
Government.
    ``(b) Leasing Requirements.--Except as provided in subsection (c), 
effective beginning on the date that is 1 year after the date of 
enactment of the Federal Building Clean Jobs Act of 2021, no Federal 
agency shall enter into a contract to lease space unless--
            ``(1) the space is for a building or space in a building 
        that--
                    ``(A) in the most recent year, has earned the 
                Energy Star label under the Energy Star program 
                established by section 324A of the Energy Policy and 
                Conservation Act (42 U.S.C. 6294a); and
                    ``(B) has obtained or will obtain as a required 
                performance specification a green building 
                certification consistent with recommendations of the 
                Administrator of General Services based on the review 
                of high-performance building certification systems 
                carried out by the Administrator pursuant to section 
                436(h) (42 U.S.C. 17092(h)); and
            ``(2) the contract includes--
                    ``(A) a requirement for the lessor of the building 
                to disclose data on consumption of utilities (energy 
                and water)--
                            ``(i) for the portion of the building 
                        occupied by the agency; and
                            ``(ii) that is provided by the lessor 
                        through submetering or an alternative method 
                        identified by the Administrator for buildings 
                        lacking submeters; and
                    ``(B) 1 or more mechanisms to ensure that the 
                lessor of the building reasonably maintains the 
                requirements of the building described in paragraph 
                (1).
    ``(c) Waiver.--
            ``(1) In general.--Subject to paragraph (2), a Federal 
        agency may enter into a contract to lease space that does not 
        meet a requirement described in subparagraph (A) or (B) of 
        subsection (b)(1) if--
                    ``(A) no other space is available that can meet 
                that requirement within a reasonable period and meet 
                the functional requirements of the agency, including 
                locational needs;
                    ``(B) the agency proposes to remain in a building 
                or a space in a building--
                            ``(i) that the agency has occupied 
                        previously; and
                            ``(ii) less than 50 percent of the leasable 
                        space of which is leased by the Federal 
                        Government;
                    ``(C) the agency proposes to lease a building or 
                space in a building of historical, architectural, or 
                cultural significance (as defined in section 3306(a) of 
                title 40, United States Code); or
                    ``(D) the lease is for not more than 10,000 gross 
                square feet of space in a building less than 50 percent 
                of the leasable space of which is leased by the Federal 
                Government.
            ``(2) Waiver approval.--
                    ``(A) In general.--A Federal agency may enter into 
                a contract under paragraph (1) if--
                            ``(i)(I) the agency submits a request to 
                        the Federal Director of the Office of Federal 
                        High-Performance Green Buildings indicating the 
                        basis for the request under paragraph (1); and
                                    ``(II) the Federal Director of that 
                                Office approves the request; and
                            ``(ii) in the case of a waiver under 
                        subparagraph (A), (B), or (C) of paragraph (1), 
                        the contract includes the requirements 
                        described in subparagraph (B)(ii), which--
                                    ``(I) in the case of a waiver under 
                                subparagraph (A) of that paragraph, 
                                shall be required to be implemented 
                                prior to occupancy of the building or 
                                space in the building by the Federal 
                                agency; and
                                    ``(II) in the case of a waiver 
                                under subparagraph (B) or (C) of that 
                                paragraph, shall be required to be 
                                implemented not later than 1 year after 
                                the Federal agency signs the contract.
                    ``(B) Contract requirements.--
                            ``(i) Definition of nonbenchmarked space.--
                        In this subparagraph, the term `nonbenchmarked 
                        space' means a building or space in a building 
                        for which owners cannot access whole building 
                        utility consumption data, including buildings--
                                    ``(I) that are located in States 
                                that do not require utilities to 
                                provide, and utilities do not provide, 
                                such aggregated information to 
                                multitenant building owners; and
                                    ``(II) the tenants of which do not 
                                provide energy consumption information 
                                to the commercial building owner in 
                                response to a request from that owner.
                            ``(ii) Requirements.--The requirements 
                        referred to in subparagraph (A)(ii) are the 
                        following:
                                    ``(I) The building or space in a 
                                building--
                                            ``(aa) meets the 
                                        requirement described in 
                                        subsection (b)(1)(A); or
                                            ``(bb) is renovated for all 
                                        feasible energy efficiency and 
                                        conservation improvements that 
                                        will be cost effective over the 
                                        life of the lease (including 
                                        any negotiated optional 
                                        extensions or renewals of the 
                                        lease), including improvements 
                                        in lighting, windows, heating, 
                                        ventilation, and air 
                                        conditioning systems and 
                                        controls.
                                    ``(II) The building or space in a 
                                building is--
                                            ``(aa) benchmarked under a 
                                        nationally recognized, online, 
                                        and free benchmarking program, 
                                        and the benchmark is publicly 
                                        disclosed; or
                                            ``(bb) a nonbenchmarked 
                                        space.
                                    ``(III) In the case of a building 
                                or space in a building that is a 
                                nonbenchmarked space, the Federal 
                                agency provides to the building owner, 
                                or authorizes the owner to obtain from 
                                the utility, the energy consumption 
                                data of the space to enable 
                                benchmarking of the building.
                    ``(C) Incorporation of assistance into lease.--In 
                the case of a contract to lease space that receives a 
                waiver under paragraph (1)(A), the Administrator may--
                            ``(i) include in the relevant lease 
                        procurement documents a statement about the 
                        availability of financial incentives and 
                        technical assistance under the pilot program 
                        established under subsection (g); or
                            ``(ii)(I) incorporate into the terms of the 
                        lease with the lessor any financial incentive 
                        or technical assistance provided to that lessor 
                        under that pilot program; and
                                    ``(II) if subclause (I) is carried 
                                out, extend the deadline required under 
                                subparagraph (A)(ii)(I).
    ``(d) Revision of Federal Regulations.--Not later than 1 year after 
the date of enactment of the Federal Building Clean Jobs Act of 2021, 
the Administrator shall revise Part 102-73(c) of the Federal Management 
Regulation and Part 570 of the General Services Administration 
Acquisition Manual, as appropriate, to reflect the requirements of this 
section.
    ``(e) Report.--The Administrator shall annually publish on the 
website of the General Services Administration a report on the 
aggregate compliance of all leased buildings and spaces in buildings 
held by the General Services Administration with the most recent 
version of the Guiding Principles for Sustainable Federal Buildings.
    ``(f) Compliance Improvement.--Not later than 180 days after the 
date of enactment of the Federal Building Clean Jobs Act of 2021, the 
Administrator shall develop and implement a policy to improve lessor 
compliance with energy efficiency provisions of leases, including by 
considering a variety of approaches.
    ``(g) Incentive Pilot Program.--
            ``(1) In general.--The Administrator shall establish a 
        pilot program to provide financial incentives for lessors to 
        achieve an Energy Star label under the Energy Star program 
        established by section 324A of the Energy Policy and 
        Conservation Act (42 U.S.C. 6294a) in a building--
                    ``(A) in which space is leased to a Federal agency; 
                and
                    ``(B)(i) in which the total space leased by the 
                Federal Government is less than 50 percent of the 
                leasable space of the building;
                            ``(ii) that is of historical, 
                        architectural, or cultural significance (as 
                        defined in section 3306(a) of title 40, United 
                        States Code); or
                            ``(iii) for which a waiver is granted under 
                        subsection (c)(1)(A).
            ``(2) Diversity.--In carrying out paragraph (1), the 
        Administrator shall ensure--
                    ``(A) a diversity in the buildings and spaces owned 
                by lessors provided financial assistance under that 
                paragraph, including buildings with multiple, separate 
                leases that individually do not trigger requirements 
                under this Act; and
                    ``(B) geographical diversity, including the 
                representation of rural areas.
            ``(3) Technical assistance.--The Administrator may provide 
        technical assistance, directly or through contracts, to lessors 
        receiving financial assistance under paragraph (1).
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Administrator $50,000,000 to carry 
        out this subsection, to remain available until expended.''.
    (b) Report on Realty Services.--Section 102(b) of the Better 
Buildings Act of 2015 (42 U.S.C. 17062(b)) is amended by adding at the 
end the following:
            ``(5) Report.--Not later than 180 days after the date of 
        enactment of the Federal Building Clean Jobs Act of 2021, the 
        Administrator shall submit to Congress, and make publicly 
        available on the website of the General Services 
        Administration, a report on the implementation of paragraph 
        (3), including--
                    ``(A) the results of the policies and practices 
                described in that paragraph, including the number of 
                leases implementing the measures described in that 
                paragraph;
                    ``(B) a description of any barriers to achieving 
                greater energy and water efficiency; and
                    ``(C) recommendations to address those barriers.''.

SEC. 3. ENERGY AND WATER EFFICIENCY, NET-ZERO, AND ZERO EMISSION 
              VEHICLE INFRASTRUCTURE GOALS.

    (a) In General.--Part 3 of Title V of the National Energy 
Conservation Policy Act (Public Law 96-619; 92 Stat. 3277; 42 U.S.C. 
8251 et seq.) is amended by adding after section 543 the following:

``SEC. 543A. 2030 ENERGY AND WATER EFFICIENCY GOALS.

    ``(a) Establishment.--Subject to subsections (b), (c), and (d), the 
head of each agency shall, for each of fiscal years 2021 through 2030--
            ``(1) reduce average building energy intensity (as measured 
        in British thermal units per gross square foot) at the Federal 
        facilities of the agency by 2.5 percent each fiscal year so 
        that the average building energy intensity of such facilities 
        is reduced by 25 percent or greater by 2030, relative to the 
        average building energy intensity of the Federal facilities of 
        the agency in fiscal year 2018;
            ``(2) improve water use efficiency and management at 
        Federal facilities of the agency by reducing average potable 
        water consumption intensity (as measured in gallons per gross 
        square foot)--
                    ``(A) by 54 percent by fiscal year 2030, relative 
                to the average water consumption of the Federal 
                facilities of the agency in fiscal year 2007; and
                    ``(B) through reductions of 2 percent each fiscal 
                year;
            ``(3) reduce industrial, landscaping, and agricultural 
        water consumption at Federal facilities of the agency (as 
        measured in gallons)--
                    ``(A) by 20 percent by fiscal year 2030, relative 
                to the industrial, landscaping, and agricultural water 
                consumption of Federal facilities of the agency in 
                fiscal year 2018; and
                    ``(B) through reductions of 2 percent each fiscal 
                year; and
            ``(4) to the maximum extent practicable, carry out 
        paragraphs (1) through (3) in a manner that is lifecycle cost 
        effective.
    ``(b) Energy and Water Intensive Facility Exclusions.--
            ``(1) In general.--An agency may exclude from the 
        requirements under paragraph (1) or (2) of subsection (a), as 
        applicable, any Federal facility of the agency in which energy- 
        or water-intensive activities are carried out.
            ``(2) Report.--Each agency shall include in each report 
        submitted to the Secretary of Energy under section 548(a) of 
        the National Energy Conservation Policy Act (42 U.S.C. 8258(a)) 
        a list identifying each Federal facility of the agency excluded 
        under paragraph (1) and a statement of whether the exclusion is 
        on the basis of energy-intensive activities, water-intensive 
        activities, or both energy- and water-intensive activities.
    ``(c) Alternative Metric for Measuring Potable Water Consumption 
Intensity.--
            ``(1) In general.--The Administrator of General Services, 
        in consultation with the Secretary of Energy and the Secretary 
        of Defense, may develop for use by agencies an alternative 
        metric for measuring potable water consumption intensity under 
        subsection (a)(2), including by using occupancy, building use 
        type, or other attributes relevant to potable water use and 
        potential for efficiency.
            ``(2) Original metric.--If the Administrator develops an 
        alternative metric under paragraph (1), agencies shall not 
        cease tracking and reporting potable water consumption 
        intensity in gallons per gross square foot.
    ``(d) Definition.--The term `facility' shall have the meaning 
established in section 543(f)(1)(C) of this title.
    ``(e) Requirements.--Agencies shall meet these goals with any 
combination of appropriated funding, including operations and 
maintenance funding, and non-federal sources of financing such as 
public-private partnerships including through energy savings 
performance contracts and other performance guaranteed mechanisms.

``SEC. 543B. NET-ZERO GOALS.

    ``(a) Definitions.--In this section:
            ``(1) Allowed carbon offset.--The term `allowed carbon 
        offset' means an allowed carbon offset as defined by the 
        Federal Director of the Office of Federal High-Performance 
        Green Buildings, in consultation with the Administrator of the 
        Environmental Protection Agency.
            ``(2) Allowed offsite renewable energy source.--The term 
        `allowed offsite renewable energy source' means an allowed 
        offsite renewable energy source as defined by the Federal 
        Director of the Office of Federal High-Performance Green 
        Buildings, in consultation with the Administrator of the 
        Environmental Protection Agency--
                    ``(A) including requirements for district energy 
                systems, community sources, and purchase options; and
                    ``(B) taking into consideration an efficiency-first 
                strategy, optimization of carbon impact, and ensuring 
                accountability.
            ``(3) Net-zero carbon.--
                    ``(A) In general.--The term `net-zero carbon' 
                means, with respect to a highly energy-efficient 
                building (as determined by the Federal Director of the 
                Office of Federal High-Performance Green Buildings in 
                consultation with the Administrator of the 
                Environmental Protection Agency) or group of highly 
                energy-efficient buildings, a building or group of 
                buildings of which, for not less than 1 year, the 
                carbon emissions resulting from building operations, as 
                described in subparagraph (B), are equal to or less 
                than the carbon emissions reduced through renewable 
                energy or project offsets, as described in subparagraph 
                (C).
                    ``(B) Carbon emissions from building operations.--
                Carbon emissions resulting from building operations--
                            ``(i) shall include carbon related to 
                        energy consumption from onsite and offsite 
                        sources; and
                            ``(ii) may include other sources of 
                        emissions, such as occupant transportation, 
                        water, waste, refrigerants, and embodied carbon 
                        of materials.
                    ``(C) Carbon emissions reduced or offset.--Carbon 
                emissions reduced or offset--
                            ``(i) shall include carbon associated with 
                        exports of renewable energy generated on site 
                        and substantiated with ownership of renewable 
                        energy certificates; and
                            ``(ii) may include allowed offsite 
                        renewable energy sources substantiated with 
                        renewable energy certificates and allowed 
                        carbon offsets.
            ``(4) Net-zero energy.--
                    ``(A) In general.--The term `net-zero energy' 
                means, with respect to a highly energy-efficient 
                building (as determined by the Federal Director of the 
                Office of Federal High-Performance Green Buildings), a 
                building for which, on a source energy basis, the 
                annual delivered energy is less than or equal to the 
                sum obtained by adding the onsite renewable exported 
                energy and the allowed offsite renewable energy 
                sources, which shall be substantiated with renewable 
                energy certificates.
                    ``(B) Inclusion.--A highly energy-efficient 
                building is net-zero energy if it is located within a 
                group of buildings for which, when treated as a unit, 
                on a source energy basis, the annual delivered energy 
                is less than or equal to the sum obtained by adding the 
                onsite renewable exported energy and the allowed 
                offsite renewable energy sources, which shall be 
                substantiated with renewable energy certificates.
            ``(5) Net-zero waste building.--Unless otherwise defined by 
        the Federal Director of the Office of Federal High-Performance 
        Green Buildings, the term `net-zero waste building' means a 
        building operated to reduce, reuse, recycle, compost, or 
        recover solid waste streams that result in zero waste disposal 
        to landfills or incinerators (except for hazardous and medical 
        waste).
            ``(6) Net-zero water building.--
                    ``(A) In general.--Unless otherwise defined by the 
                Federal Director of the Office of Federal High-
                Performance Green Buildings, the term `net-zero water 
                building' means a building that--
                            ``(i) maximizes alternative water sources;
                            ``(ii) minimizes wastewater discharge; and
                            ``(iii) returns water to the original water 
                        source such that, for a 1-year period, the 
                        water consumption volume is equivalent to the 
                        sum obtained by adding the volume of 
                        alternative water use and the water returned to 
                        the original source during that 1-year period.
                    ``(B) Inclusion.--A building is a net-zero water 
                building if it is located within a group of buildings 
                that, when treated as a unit, meet the requirements 
                described in clauses (i) through (iii) of subparagraph 
                (A).
            ``(7) Scope 1 greenhouse gas emissions.--The term `scope 1 
        greenhouse gas emissions' means direct emissions from sources 
        that are owned or controlled by the Federal agency, that cover 
        the following activities:
                    ``(A) Generation of electricity.
                    ``(B) Cooling or steam.
                    ``(C) Mobile sources.
                    ``(D) Fugitive emissions.
                    ``(E) Process emissions.
            ``(8) Scope 2 greenhouse gas emissions.--The term `scope 2 
        greenhouse gas emissions' means indirect emissions resulting 
        from the generation of electricity, heat, or steam purchased by 
        a Federal agency.
    ``(b) Establishment.--Subject to subsection (c), the head of each 
agency shall--
            ``(1) for each of fiscal years 2021 through 2030, reduce 
        aggregate portfolio-wide scope 1 greenhouse gas emissions and 
        scope 2 greenhouse gas emissions (as measured in MTCO2-
        equivalents) at Federal facilities of the agency by at least 4 
        percent each fiscal year, so that the aggregate portfolio-wide 
        scope 1 greenhouse gas emissions and scope 2 greenhouse gas 
        emissions are reduced by not less than 40 percent by fiscal 
        year 2030 relative to the aggregate portfolio-wide scope 1 
        greenhouse gas emissions and scope 2 greenhouse gas emissions 
        at Federal facilities of the agency in fiscal year 2018; and
            ``(2) ensure that, in the case of the construction of a new 
        Federal facility with more than 10,000 gross square feet and 
        with an estimated total expenditure in excess of $1,500,000--
                    ``(A) which is included, in part or in whole, in an 
                appropriation for fiscal years 2021 through 2025, not 
                less than 50 percent of cumulative gross floor area and 
                not less than 25 percent of cumulative building 
                projects are designed to perform as net-zero energy 
                buildings in operation, and, if feasible, net-zero 
                carbon buildings, net-zero water buildings, and net-
                zero waste buildings;
                    ``(B) which is included, in part or in whole, in an 
                appropriation for fiscal years 2026 through 2030, not 
                less than 90 percent of cumulative gross floor area and 
                not less than 45 percent of cumulative building 
                projects are designed to perform as net-zero energy 
                buildings in operation and, if feasible, net-zero 
                carbon buildings, net-zero water buildings, and net-
                zero waste buildings; and
                    ``(C) which is included, in part or in whole, in an 
                appropriation for fiscal year 2031 or any fiscal year 
                thereafter, not less than 100 percent of cumulative 
                gross floor area and not less than 100 percent of 
                cumulative building projects are designed to perform as 
                net-zero energy buildings in operation and, if 
                feasible, net-zero carbon buildings, net-zero water 
                buildings, and net-zero waste buildings.
    ``(c) Building Exclusion.--
            ``(1) In general.--An agency may exclude from the 
        requirements of subsection (b)(2) any new Federal facility of 
        the agency for which net-zero energy is technically infeasible.
            ``(2) Report.--The agency shall include in the report 
        submitted to the Secretary of Energy under section 548(a) of 
        the National Energy Conservation Policy Act (42 U.S.C. 8258(a)) 
        a list identifying each Federal facility of the agency excluded 
        under paragraph (1).
    ``(d) Innovative Building Technologies.--In carrying out subsection 
(b), each agency may use lifecycle cost effective (including the cost 
of carbon) innovative building technologies, including onsite energy 
storage, all-electric buildings, building-grid integration 
technologies, electric construction vehicles, and other technologies, 
including demonstration testing of technologies to achieve net-zero 
energy and net-zero carbon buildings in new construction and retrofit 
projects.
    ``(e) Relationship to Energy and Water Efficiency Goals.--In 
implementing projects to meet greenhouse gas emissions reductions under 
this section, agencies are encouraged to pursue comprehensive projects 
that address the energy and water efficiency goals established in 
section 543a in order to maximize results and decrease redundancy.

``SEC. 543C. DEEP ENERGY RETROFIT GOALS.

    ``(a) Definition of Deep Energy Retrofit Project.--In this section, 
the term `deep energy retrofit project' means a project that--
            ``(1) reduces the energy consumption of a Federal facility 
        by not less than 35 percent as compared to the energy 
        consumption of the facility before the project;
            ``(2) moves a Federal facility toward net-zero energy (as 
        defined in section 543b); and
            ``(3) may include water efficiency and distributed energy 
        resources.
    ``(b) Establishment.--Subject to the availability of appropriated 
funds, the head of each agency shall, for each of fiscal years 2021 
through 2030, obligate funds for deep energy retrofit projects that, in 
total, are carried out at not less than 3 percent of the Federal 
facilities of the agency, which shall represent not less than 5 percent 
of the total square footage of all Federal facilities of the agency.
    ``(c) Renovations.--The head of each agency shall--
            ``(1) seek to coordinate deep energy retrofit projects with 
        other building renovations and capital projects; and
            ``(2) in conducting preplanning for a prospective capital 
        project, evaluate the appropriateness, and the costs and 
        benefits, of including a deep energy retrofit project.

``SEC. 543D. ZERO EMISSION VEHICLE INFRASTRUCTURE GOALS.

    ``(a) Covered Agencies.--For purposes of this section, `covered 
agencies' shall mean the U.S. General Services Administration, the 
Department of Defense, the Department of Homeland Security, and the 
Veteran's Administration.
    ``(b) Annual Goals.--The head of each covered agency shall--
            ``(1) develop annual goals for deployment of zero emission 
        vehicle infrastructure, including electric vehicle supply 
        equipment, at Federal facilities of the agency such that by 
        December 31, 2030, at least 50 percent of Federal facilities of 
        the agency with 200 or more daily employees and visitors offer 
        zero emission vehicle charging or fueling; and
            ``(2) develop guidance to ensure progress towards those 
        annual goals.
    ``(c) Plan.--Each covered agency shall prepare a detailed plan--
            ``(1) to achieve the goals described in subsection (b)(1);
            ``(2) that identifies particular facilities or campuses of 
        the agency as priority facilities or campuses, as applicable, 
        at which to achieve those goals, including by considering 
        demand for zero emission vehicle charging and fueling, 
        locations of zero emission vehicle fleets, locations relevant 
        to State zero emission vehicle charging and fueling needs, 
        geographical gaps in zero emission vehicle charging 
        infrastructure, availability of incentives, and other factors; 
        and
            ``(3) that includes a specific requirement that all 
        applicable electric vehicle supply equipment saves energy, for 
        which compliance with this requirement can only be met by 
        purchasing electric vehicle supply equipment that is ENERGY 
        STAR certified.
    ``(d) Inclusion in Projects.--Each covered agency shall, to the 
maximum extent practicable, ensure that appropriate zero emission 
vehicle infrastructure, including electric vehicle supply equipment and 
electric vehicle infrastructure, are included in, with respect to a 
Federal facility of the agency--
            ``(1) any prospectus or requested appropriation for a 
        construction, alteration, or lease project;
            ``(2) any prospectus or requested appropriation for an 
        alteration of a leased building;
            ``(3) any contract for parking lot paving or repaving; and
            ``(4) any other appropriate project.
    ``(e) Report.--Beginning not later than 2 years after the date of 
enactment of this section, the head of each covered agency shall 
include in the agency's annual sustainability report and implementation 
plan information describing the progress made in meeting the goals 
described in subsection (b)(1).''.
    (b) Utility Incentive Programs.--Section 546(c)(1) of the National 
Energy Conservation Policy Act (42 U.S.C. 8256(c)(1)) is amended by 
inserting ``(including measures to support the use of zero emission 
vehicles (as such term is defined section 400AA(g) of the Energy Policy 
and Conservation Act (42 U.S.C. 6374(g)) or the fueling or charging 
infrastructure necessary for such vehicles)'' after ``demand''.
    (c) Energy Savings Performance Contracts.--
            (1) Authority to enter contracts.--Section 801(a)(2)(B) of 
        the National Energy Conservation Policy Act (42 U.S.C. 
        8287(a)(2)(B)) is amended in the first sentence by inserting 
        ``or petroleum'' after ``utilities''.
            (2) Payment of costs.--Section 802 of the National Energy 
        Conservation Act (42 U.S.C. 8287a) is amended by inserting 
        ``petroleum,'' after ``water,''.
            (3) Definitions.--Section 804 of the National Energy 
        Conservation Policy Act (42 U.S.C. 8287c) is amended--
                    (A) in paragraph (2)--
                            (i) in subparagraph (D) by striking ``; 
                        and'' and inserting a semicolon;
                            (ii) in subparagraph (E) by striking the 
                        period and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(F) a reduction in the use of petroleum through 
                the use of zero emission vehicles or the fueling or 
                charging infrastructure necessary for zero emission 
                vehicles, including the use of contracts to support 
                zero emission vehicles or infrastructure.'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (A) by striking ``; 
                        or'' and inserting a semicolon;
                            (ii) in subparagraph (B) by striking the 
                        period and inserting ``; or'' ; and
                            (iii) by adding at the end the following:
                    ``(C) a measure to support the use of zero emission 
                vehicles or the fueling or charging infrastructure 
                necessary for zero emission vehicles, including the use 
                of contracts to support zero emission vehicles or 
                infrastructure.''; and
                    (C) by adding at the end the following:
            ``(5) Zero emission vehicle.--The term `zero emission 
        vehicle' has the meaning given such term in section 5312(e)(6) 
        of title 49, United States Code.''.
    (d) Authorization of Appropriations and Priority.--
            (1) There is authorized to be appropriated annually to the 
        General Services Administration $205,000,000, to remain 
        available until expended, to carry out sections 543b and 543c 
        of Part 3 of Title V of the National Energy Conservation Policy 
        Act (Public Law 96-619; 92 Stat. 3277; 42 U.S.C. 8251 et seq.).
            (2) There is authorized to be appropriated annually to the 
        Department of Energy $4,098,000,000, to remain available until 
        expended, to provide grants under the authority of 42 U.S.C. 
        8256(b) to agencies to carry out sections 543b and 543c of Part 
        3 of Title V of the National Energy Conservation Policy Act 
        (Public Law 96-619; 92 Stat. 3277; 42 U.S.C. 8251 et seq.).
            (3) Agencies may use such funds as may be appropriated 
        pursuant to paragraphs (1) and (2)--
                    (A) to initiate projects to enable agency progress 
                towards goals established in sections 543b and 543c of 
                Part 3 of Title V of the National Energy Conservation 
                Policy Act;
                    (B) to supplement project funding from other 
                appropriations and private sources to achieve greater 
                energy and water efficiency and greenhouse gas emission 
                reductions beyond those achievable under cost-effective 
                and minimum efficiency requirements;
                    (C) in conjunction with energy efficiency projects 
                or at highly efficient facilities, for onsite, campus, 
                or community renewable energy and energy storage and 
                other approaches to reduce total carbon footprints of 
                Federal facilities, including groups of facilities;
                    (D) to achieve embodied carbon reductions on new 
                construction and major renovation projects; and
                    (E) for the cost of additional employees, 
                contractors, and training needed to support those 
                goals.
            (4) Private sector priority funding.--
                    (A) In general.--In carrying out sections 543a, 
                543b, and 543c of Part 3 of Title V of the National 
                Energy Conservation Policy Act, each agency shall 
                prioritize--
                            (i) projects using performance contracting;
                            (ii) projects using public-private 
                        partnerships which include a performance 
                        component that ensures effective use of funds, 
                        lasting energy and cost savings; and
                            (iii) projects in which Federal funds will 
                        be used to leverage private sector financing,
                on the basis of analysis that ensures a maximum 
                beneficial use of private finance for the project.
                    (B) Goal.--Each agency shall establish annual goals 
                for the investment value of performance contracting and 
                other public-private partnerships, provided that such 
                goal shall be no less than 40 percent of funds 
                appropriated under subsections (1) and (2).
            (5) Authorization of appropriation for zero emission 
        vehicle infrastructure.--
                    (A) There is authorized to be appropriated to the 
                General Services Administration $35,000,000, to remain 
                available until expended to carry out section 543d of 
                Part 3 of Title V of the National Energy Conservation 
                Policy Act (Public Law 96-619; 92 Stat. 3277; 42 U.S.C. 
                8251 et seq.). The Administration is encouraged to use 
                funds to leverage private sector financing if doing so 
                is advantageous to the Federal Government.
                    (B) There is authorized to be appropriated to the 
                Department of Energy $65,000,000, to remain available 
                until expended to provide grants under the authority of 
                section 546(b) of the National Energy Conservation 
                Policy Act (42 U.S.C. 8256(b)) to covered agencies to 
                carry out section 543d of Part 3 of Title V of the 
                National Energy Conservation Policy Act (Public Law 96-
                619; 12 92 Stat. 3277; 42 U.S.C. 8251 et seq.). The 
                Department and covered agencies are encouraged to use 
                funds to leverage private sector financing if doing so 
                is advantageous to the Federal Government.
    (e) Clerical Amendment.--The table of contents for Part 3 of Title 
V of the National Energy Conservation Policy Act (Public Law 96-619; 92 
Stat. 3277; 42 U.S.C. 8251 et seq.) is amended by adding after the item 
relating to section 543 the following:

``Sec. 543a. Energy and water efficiency goals.
``Sec. 543b. Net-zero goals.
``Sec. 543c. Deep energy retrofit goals.
``Sec. 543d. Zero emission vehicle infrastructure goals.''.

SEC. 4. FEDERAL BUILDING IMPROVEMENTS.

    Section 543(f)(4) of title V of the National Energy Conservation 
Policy Act (42 U.S.C. 8253(f)(4)) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C);
            (2) by inserting after subparagraph (A) the following:
                    ``(B) Additional energy efficiency improvements.--
                The head of each agency shall carry out additional 
                energy efficiency improvements to Federal facilities of 
                the agency, including--
                            ``(i) actionable energy projects identified 
                        in an evaluation completed under paragraph (3) 
                        prior to passage of the Energy Act of 2020 and 
                        that are life-cycle cost-effective;
                            ``(ii) additional measures to support the 
                        goals of each of sections 543a through 543d of 
                        the Energy Independence and Security Act of 
                        2007 (Public Law 110-140);
                            ``(iii) additional measures to support 
                        activities under section 543e of the Energy 
                        Independence and Security Act of 2007 (Public 
                        Law 110-140); and
                            ``(iv) combining projects to reduce cost, 
                        administration, or implementation time, or 
                        otherwise add value.''; and
            (3) in subparagraph (C) (as so redesignated) by striking 
        ``under subparagraph (A)(i)'' and inserting ``under 
        subparagraphs (A)(i) and (B)(i)''.

SEC. 5. RESILIENT AND HEALTHY BUILDINGS.

    (a) In General.--Part 3 of Title V of the National Energy 
Conservation Policy Act (Public Law 96-619; 92 Stat. 3277; 42 U.S.C. 
8251 et seq.) (as amended by section 3(a)) is further amended by adding 
at the end the following:

``SEC. 543E. RESILIENT AND HEALTHY BUILDINGS.

    ``(a) Definitions.--In this section:
            ``(1) Flood risk area.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `flood risk area' means--
                            ``(i) an area delineated by an elevation of 
                        2 feet above the 100-year floodplain; and
                            ``(ii) an area delineated by an elevation 
                        equal to the 500-year floodplain.
                    ``(B) Climate science.--In applying the definition 
                of the term `flood risk area' for purposes of carrying 
                out this section, the head of each agency, other than 
                the Department of Defense, shall consider current 
                climate science in identifying the elevation of the 
                100-year and 500-year floodplain.
            ``(2) Resilience.--The term `resilience' means the ability 
        to adapt to changing conditions and withstand and rapidly 
        recover from disruption due to an emergency.
    ``(b) Flood Protection.--For any Federal building construction or 
rehabilitation project administered by an agency other than the 
Department of Defense, the agency shall--
            ``(1) determine whether there is a flood risk area in the 
        location of the project; and
            ``(2) in the case of a positive determination under 
        paragraph (1)--
                    ``(A) to the extent possible, avoid new 
                construction in the flood risk area; and
                    ``(B) if new construction cannot be avoided under 
                subparagraph (A)--
                            ``(i) ensure that the new construction 
                        will--
                                    ``(I) raise all essential services 
                                5 feet above the applicable floodplain; 
                                and
                                    ``(II) include a design for quick 
                                recovery in a flooding event;
                            ``(ii) rehabilitate existing buildings 
                        located in the flood risk area to better 
                        withstand flood risk; and
                            ``(iii) develop a flood vulnerability 
                        assessment and mitigation plan to protect life 
                        and property.
    ``(c) Resilience Metrics.--The head of each agency shall--
            ``(1) pilot test metrics to measure and improve the 
        resilience of Federal facilities of the agency, including the 
        physical aspects of the facilities, the health and wellness of 
        occupants of the facilities, and communities and systems 
        serving or served by the facilities; and
            ``(2) in carrying out paragraph (1), consider emerging 
        resilience tools and rating systems for resilience, including 
        building-grid optimization.
    ``(d) Green Infrastructure.--Each agency shall prioritize the use 
of appropriate green infrastructure features on federally owned 
property of the agency--
            ``(1) to improve stormwater and wastewater management;
            ``(2) to alleviate onsite and offsite flooding and water 
        quality impacts; and
            ``(3) to reduce and mitigate risks of climate change to 
        Federal facilities and proximate communities.
    ``(e) Operating Buildings for Health.--
            ``(1) Metrics and data.--The Federal Director of the Office 
        of Federal High-Performance Green Buildings shall--
                    ``(A) implement human-centric metrics and 
                measurement tools to improve the indoor environmental 
                qualities, including air and water quality, that 
                support improved health and wellness of Federal 
                employees; and
                    ``(B) collect, manage, and analyze the data 
                generated by the metrics and tools implemented under 
                subparagraph (A).
            ``(2) Strategic plan.--Not later than 1 year after the date 
        of enactment of the Federal Building Clean Jobs Act of 2021, 
        the Federal Director of the Office of Federal High-Performance 
        Green Buildings shall develop and make publicly available a 
        strategic plan for the design, construction, and operation of 
        Federal facilities that--
                    ``(A) is based on the data described in paragraph 
                (1)(B);
                    ``(B) provides for implementation of priority 
                practices by the end of fiscal year 2022; and
                    ``(C) may provide for phased implementation of 
                additional effective practices.
            ``(3) Administration.--In carrying out paragraphs (1) and 
        (2), the Federal Director of the Office of Federal High-
        Performance Green Buildings shall--
                    ``(A) consider emerging occupant-centric 
                environmental health monitoring tools and building 
                control systems for improved health and wellness, 
                including approaches such as measurement of accumulated 
                daily circadian light dosage, surveys of occupant 
                satisfaction and perceptions, assessments of physical 
                activity, social interaction, and mobility, and 
                measurement of reduced exposure to contaminants in air 
                and drinking water;
                    ``(B) incorporate strategies to reduce risk of 
                transmission of viruses and other pathogens; and
                    ``(C)(i) benchmark health and well-being management 
                performance to leadership standards; and
                            ``(ii) include in certification activities 
                        the strategies and performance measures 
                        considered and used under this subsection as 
                        tools to monitor and improve outcomes.
    ``(f) Guidance; Training.--The Federal Director of the Office of 
Federal High-Performance Green Buildings, may issue guidance and 
provide training to Federal agencies to implement the metrics and 
priority practices included in the Strategic Plan developed under 
subparagraph (e)(2) of this section.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Federal Office of Federal High-Performance Green 
Buildings $300,000,000 to carry out this section, to remain available 
until expended.''.
    (b) Clerical Amendment.--The table of contents for Part 3 of Title 
V of the National Energy Conservation Policy Act (Public Law 96-619; 92 
Stat. 3277; 42 U.S.C. 8251 et seq.) (as amended by section 3(b)) is 
further amended by adding after the item relating to section 543d the 
following:

``Sec. 543e. Resilient and healthy buildings.''.

SEC. 6. CONTRACTS FOR FEDERAL PURCHASES OF ENERGY.

    (a) In General.--Part 3 of title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8251 et seq.) is amended by adding 
at the end the following new section:

``SEC. 554. LONG-TERM CONTRACTS FOR ENERGY.

    ``(a) In General.--Notwithstanding section 501(b)(1)(B) of title 
40, United States Code, an agency may enter into a contract for the 
acquisition of energy generated and renewable energy certificates from 
renewable energy sources or from cogeneration facilities covering a 
period of not more than 30 years. In cases where a contract from a 
renewable energy source does not include the associated renewable 
energy certificates, the General Services Administration may secure as 
part of the original contract the amount of replacement renewable 
energy certificates for a period of equal term and quantity to match 
the energy procurement contract.
    ``(b) Standardized Energy Purchase Agreement.--Not later than 90 
days after the date of enactment of this section, the Secretary, 
through the Federal Energy Management Program, shall publish a 
standardized energy purchase agreement, setting forth commercial terms 
and conditions, that agencies may use to acquire energy generated from 
renewable energy sources or from cogeneration facilities.
    ``(c) Technical Assistance.--The Secretary shall provide technical 
assistance to assist agencies in implementing this section.''.
    (b) Table of Contents Amendment.--The table of contents for such 
Act is amended by adding at the end of the items relating to such part 
3 the following new item:

``Sec. 554. Long-term contracts for energy.''.

SEC. 7. RECOMMENDATIONS.

    (a) Definition of Administrator.--In this section, the term 
``Administrator'' means the Administrator of General Services, acting 
through the Federal Director of the Office of High-Performance Green 
Buildings.
    (b) Sustainability and Resilience.--The Administrator, in 
consultation with the Secretary of Health and Human Services, the 
Secretary of Homeland Security, the Administrator of the Federal 
Emergency Management Agency, the Secretary of Veterans Affairs, the 
Administrator of the Environmental Protection Agency, the Secretary of 
Energy, and the Chair of the Council on Environmental Quality, shall 
develop recommendations for sustainability and resilience at hospitals 
and health care facilities, including by--
            (1) incorporating building and health sciences research 
        related to health and wellness;
            (2) identifying relevant metrics;
            (3) prioritizing proven strategies;
            (4) referencing, as appropriate, criteria in the Guiding 
        Principles for Sustainable Federal Buildings; and
            (5) developing corresponding recommended contract 
        provisions and other templates for use in procurement.
    (c) Compliance With Guiding Principles for Sustainable Federal 
Buildings.--The Administrator, in consultation with the Administrator 
of the Environmental Protection Agency, the Director of the Federal 
Energy Management Program, and the Chair of the Council on 
Environmental Quality, shall develop recommendations for systems, 
including customized Energy Star Portfolio Manager fields and 
dashboards, for use by Federal facilities in tracking compliance and 
progress of new and existing buildings with the Guiding Principles for 
Sustainable Federal Buildings, including by considering--
            (1) campus, installation, and portfolio approaches;
            (2) suggested targets; and
            (3) relevant metrics.
    (d) Study on Federal Buildings Fund Lending Program.--Not later 
than 1 year after the date of enactment of this Act, the Administrator 
shall make publicly available a report that evaluates and describes the 
potential efficacy, costs, and benefits of a program under which the 
Administrator would--
            (1) borrow funds from the Federal Buildings Fund for 
        building energy and water efficiency and resilience retrofits, 
        including through projects that use funds to leverage private 
        sector financing, including through energy savings performance 
        contracts; and
            (2) repay the Federal Buildings Fund from utility savings.
    (e) Annual Reporting on Leveraged Private Financing.--
            (1) In general.--Section 548(b)(5) of the National Energy 
        Conservation Policy Act (42 U.S.C. 8258(b)) is amended--
                    (A) in subparagraph (A) by striking ``the status 
                of'' and all that follows through ``authority'' and 
                inserting the following:
``the status of the energy savings performance contracts, utility 
energy service contracts, and other forms of public-private partnership 
contracts that leverage private sector financing for energy efficiency 
projects, of each agency, to the extent that the information is not 
duplicative of information provided to the Secretary under a separate 
authority'';
                    (B) in subparagraph (D) by striking ``; and'' and 
                inserting a semicolon;
                    (C) in subparagraph (E)(ii) by striking the period 
                and inserting a semicolon; and
                    (D) by adding at the end the following:
                    ``(F) information reported pursuant to 
                subparagraphs (A) through (E) shall distinguish among 
                contract types;
                    ``(G) the total estimated implementation costs and 
                estimated lifecycle cost savings of outstanding energy 
                conservation measures at facilities that meet the 
                criteria described in section 543(f)(2)(B) of the 
                National Energy Conservation Policy Act (42 U.S.C. 
                8253(f)(2)(B)); and
                    ``(H) recommendations to increase the aggregate 
                benefits and value provided to the agency through 
                public-private partnerships with respect to energy 
                efficiency, renewable energy, and energy resilience.''.
            (2) Annual plan.--For each of fiscal years 2021 through 
        2030, the head of each agency shall include a summary of the 
        information described in Section 548(b)(5) of the National 
        Energy Conservation Policy Act (42 U.S.C. 8258(b)(5)) in the 
        annual agency Sustainability Report and Implementation Plan.
    (f) Coordination.--The heads of agencies are encouraged to carry 
out this Act and the amendments made by this Act in collaboration with 
States, including by--
            (1) sharing resources and providing technical advice to 
        States regarding net-zero buildings and carbon reducing 
        technologies;
            (2) coordinating with multistate organizations on charging 
        infrastructure technology, procurement, and strategic locations 
        relating to zero-emission vehicles;
            (3) allowing State officials to participate in appropriate 
        training opportunities; and
            (4) coordinating with States on renewable energy 
        procurement benefitting a Federal facility and local 
        communities.
                                 <all>
Federal Building Clean Jobs Act of 2021
To amend the Energy Independence and Security Act of 2007 to fund job-creating improvements in energy and resiliency for Federal buildings, to enable a portfolio of clean buildings by 2030, and for other purposes.
Federal Building Clean Jobs Act of 2021
Rep. Sarbanes, John P.