[Senate Report 111-319] [From the U.S. Government Publishing Office] Calendar No. 605 111th Congress Report SENATE 2d Session 111-319 ====================================================================== SUPPLY STAR ACT _______ September 27, 2010.--Ordered to be printed _______ Mr. Bingaman, from the Committee on Energy and Natural Resources, submitted the following R E P O R T [To accompany S. 3396] The Committee on Energy and Natural Resources, to which was referred the bill (S. 3396) to amend the Energy Policy and Conservation Act to establish within the Department of Energy a Supply Star program to identify and promote practices, companies, and products that use highly efficient supply chains in a manner that conserves energy, water, and other resources, having considered the same, reports favorably thereon with amendments and an amendment to the title and recommends that the bill, as amended, do pass. The amendments are as follows: 1. On page 2, line 8, insert ``recognize'' before ``companies''. 2. On page 2, line 9, insert ``recognize'' before ``products''. 3. On page 2, line 19, insert ``recognize'' before ``companies''. 4. On page 2, line 20, insert ``recognize'' before ``products''. 5. On page 3, lines 21 and 22, strike ``carried out by the Secretary, the Secretary shall consider energy and resource'' and insert ``carried out by the Secretary with respect to a specific product, the Secretary shall consider energy consumption and resource''. 6. On page 4, between lines 19 and 20, insert the following: ``(g) Effect of Impact on Climate Change.--For purposes of this section, the impact on climate change shall not be a factor in determining supply chain efficiency. ``(h) Effect of Outsourcing of American Jobs.--For purposes of this section, the outsourcing of American jobs in the production of a product shall not count as a positive factor in determining supply chain efficiency. 7. On page 4, line 20, strike ``(g)'' and insert ``(i)''. 8. Amend the title so as to read: ``A bill to amend the Energy Policy and Conservation Act to establish within the Department of Energy a Supply Star program to identity and promote practices, recognize companies, and recognize products that use highly efficient supply chains in a manner that conserves energy, water, and other resources.''. Purpose The purpose of S. 3396 is to establish within the Department of Energy a Supply Star program to identify and promote practices, recognize companies, and, as appropriate, recognize products that use highly efficient supply chains in a manner that conserves energy, water, and other resources. Background and Need Up to 90 percent of a company's energy use can come from its product supply chains, encompassing the raw materials, manufacturing, packaging, transport, use, and disposal of goods. Therefore, improvements in supply chain energy efficiency can be of significant importance in the transition to a more energy efficient marketplace. However, efforts to improve supply chain energy efficiency throughout the economy face hurdles--especially in small companies--that may limit their widespread implementation. These hurdles can include a lack of information and analytical tools for parts of supply chains often lying far upstream or downstream (and therefore out of sight). A lack of leverage to drive global suppliers toward more efficient practice is another challenge. Overcoming these issues requires significant resources and access to global information that is often not readily available. There are existing federal programs which have initiatives that touch on elements of the supply chain, however there appears to be little or no coordinated or focused effort amongst them. Legislation is needed to help companies develop the generic tools, information, and assistance they need to analyze and improve the efficiency of their supply chains. Legislative History S. 3396 was introduced by Senator Bingaman on May 24, 2010, and is cosponsored by Senators Lincoln, Pryor, and Bayh. The Committee on Energy and Natural Resources Subcommittee on Energy held a hearing on the bill on June 15, 2010. The Committee on Energy and Natural Resources considered the bill, agreed to amendments, and agreed to the bill as amended on July 21, 2010, but a sufficient quorum was not present to report the bill. The Committee subsequently ordered S. 3396 favorably reported with amendments on August 5, 2010. Committee Recommendation The Committee on Energy and Natural Resources, in an open business session on August 5, 2010, by a voice vote of a quorum present, recommends that the Senate pass S. 3396, if amended as described herein. Committee Amendments During its consideration of S. 3396, the Committee adopted eight amendments. The first four amendments make it clear that the program is to recognize companies and products that use highly efficient supply chains. The fifth amendment clarifies the scope of supply chain efficiency evaluations carried out by the Secretary. In addition, the Committee adopted two amendments offered by Senator Barrasso that require that the impact of climate change, and the outsourcing of American jobs in the production of a product should not be factors in determining supply chain efficiency. The final amendment is an amendment to the bill's long title. Section-by-Section Analysis Section 1 sets forth the short title. Section 2 amends the Energy Policy and Conservation Act by adding a new Section 324B. Section 324B(a) establishes within the Department of Energy a Supply Star program to identify and promote practices, recognize companies, and, as appropriate, recognize products that use highly efficient supply chains in a manner that conserves energy, water, and other resources. Section 324B(b) directs the Secretary of Energy to coordinate with the Energy Star program and with other appropriate agencies. Section 324B(c) directs the Secretary to: Promote practices and recognize companies and products that comply with the Supply Star Program; work to enhance industry and public awareness of the Supply Star program; collect and disseminate data on supply chain energy resource consumption; develop and disseminate metrics, processes, and analytical tools (including software) for evaluating supply chain energy resource use; develop guidance at the sector level for improving supply chain efficiency; work with domestic and international organizations to harmonize approaches to analyzing supply chain efficiency; and work with industry to improve supply chain efficiency through activities that include developing and sharing best practices and benchmarking. Section 324B(d) directs the Secretary to consider energy consumption and resource use throughout the entire lifecycle of a product in evaluating supply chain efficiency. Section 324B(e) gives the Secretary the authority to award grants or other forms of incentives on a competitive basis for studying supply chain efficiency and demonstrating reductions in the energy consumption of supply chains. Section 324B(f) directs the Secretary to use funds to support professional training programs to develop and communicate methods, practices, and tools for improving supply chain efficiency. Section 324B(g) authorizes appropriation of such sums as are necessary to carry out the program. Cost and Budgetary Considerations The following estimate of costs of this measure has been provided by the Congressional Budget. S. 3396--Supply Star Act of 2010 Summary: S. 3396 would authorize the appropriation of whatever sums are necessary for the Department of Energy (DOE) to expand existing activities related to improving energy efficiency in industrial applications. CBO estimates that implementing the bill would cost $5 million in 2011 and $32 million over the 2011-2015 period, assuming appropriation of the necessary amounts. Enacting S. 3396 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. S. 3396 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would impose no costs on state, local, or tribal governments. Estimated cost to the Federal Government: The estimated budgetary impact of S. 3396 is shown in the following table. The costs of this legislation fall within budget function 270 (energy). ---------------------------------------------------------------------------------------------------------------- By fiscal year, in millions of dollars-- ------------------------------------------------------- 2011 2012 2013 2014 2015 2011-2015 ---------------------------------------------------------------------------------------------------------------- CHANGES IN SPENDING SUBJECT TO APPROPRIATION Estimated Authorization Level........................... 7 8 8 6 6 35 Estimated Outlays....................................... 5 8 8 6 6 32 ---------------------------------------------------------------------------------------------------------------- Basis of estimate: S. 3396 would authorize DOE to establish a program to promote industrial energy efficiency. In particular, the bill would authorize DOE to competitively award grants and other incentives to entities for evaluating and improving the efficiency of processes involved in the production and distribution of products. The bill also would authorize DOE to support professional training programs to develop and communicate means of improving industrial energy efficiency. In 2010, DOE received $140 million for programs related to industrial technologies. Based on information from DOE about the anticipated cost of expanding the agency's level of effort under S. 3396, CBO estimates that meeting the bill's requirements would require an additional $35 million over the 2011-2015 period. Assuming appropriation of those amounts, CBO estimates that resulting outlays would total $32 million over the 2011-2015 period. Pay-as-you-go considerations: None. Intergovernmental and private-sector impact: S. 3396 contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on state, local, or tribal governments. Estimate prepared by: Federal Costs: Megan Carroll; Impact on State, Local, and Tribal Governments: Ryan Miller; Impact on the Private Sector: Amy Petz. Estimate approved by: Theresa Gullo, Deputy Assistant Director for Budget Analysis. Regulatory Impact Evaluation In compliance with paragraph 11(b) of rule XXVI of the Standing Rules of the Senate, the Committee makes the following evaluation of the regulatory impact which would be incurred in carrying out S. 3396. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. No personal information would be collected in administering the program. Therefore, there would be no impact on personal privacy. Some additional paperwork may result from the enactment of S. 3396, as ordered reported, but the Committee does not expect these additional paperwork burdens to be substantial in either time or financial cost. Congressionally Directed Spending S. 3396, as ordered reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. Executive Communications The testimony provided by the Department of Energy at the June 15, 2010 Subcommittee on Energy hearing on S. 3396 follows: Statement of Steven G. Chalk, Chief Operating Officer and Acting Deputy Assistant Secretary for Renewable Energy, Office of Energy Efficiency and Renewable Energy, Department of Energy Madam Chairman, Ranking Member Risch, and Members of the Subcommittee, thank you for the opportunity to appear before you today to discuss proposed clean energy legislation. The Department and the Subcommittee share common goals of strengthening our economy, enhancing our national security, and protecting our environment. As part of the Recovery Act, the Office of Energy Efficiency and Renewable Energy (EERE), oversees a total of $16.8 billion in investments. To date, EERE has obligated 96 percent, or $16.07 billion, of its Recovery Act funds. The funds are putting America to work laying the foundation for our clean energy future. The Department also appreciates the authorities you have provided in recent years in the Energy Policy Act of 2005 (EPAct) (P.L. 109-58) and the Energy Independence and Security Act of 2007 (EISA) (P.L. 110- 140). This year, the Committee has proposed further investment and we thank you for all your hard work in reporting the American Clean Energy Leadership Act (S. 1462). Today, I am pleased to offer the Department's perspective on five pending pieces of legislation related to energy efficiency and renewable energy. Note that many of the authorities outlined in the bills would simply reinforce existing authorities, and may not be necessary for the Department to carry out the activities in question. I will discuss them in the order listed in the hearing invitation letter I received from the Subcommittee. These include the 10 Million Solar Roofs Act of 2010 (S. 3460), the Supply Star Act of 2010 (S. 3396), the Improving Energy Efficiency and Renewable Energy Use By Federal Agencies Act of 2010 (S. 3251), the Heavy Duty Hybrid Vehicle Research, Development, and Demonstration Act (S. 679), the Gas Turbine Efficiency Act of 2009 (S. 2900). s. 3460--10 million solar roofs act of 2010 We thank the subcommittee and the sponsor of this legislation for your strong leadership on solar technologies over the years. The Department's goals for solar electric technologies are to be cost competitive in their respective markets by 2015 and to reach a high penetration of solar installations. The Department is investing $232 million in 2010 to support solar research across the development pipeline, from basic photovoltaic (PV) cell technologies to manufacturing scaleup to total system development. Within the $232 million, DOE is investing up to $50 million in concentrated solar power technology development and deployment related activities and $23 million to understand how solar technologies can be better integrated within existing electricity generation and transmission systems. In solar hot water heating, DOE is investing approximately an additional $6.5 million in 2010. The proposed legislation incorporates several significant features. We believe that rebates, loan programs, and performance based incentives are all effective means of stimulating demand. Allowing states to choose between these incentives will enable the Act to expand existing state programs that have been effective in promoting solar installations. In addition, the states' matching funds requirements will leverage available federal appropriations and increase the resulting deployment of solar technologies, both of which are high priorities for the Department. To maximize the effectiveness of the proposed legislation, we would recommend two changes. First, while we support the state match requirement, we propose that the cost share be set at 50 percent to increase the potential leverage of federal funds. Second, the Secretary should be given the ability to reduce this as necessary to increase the overall effectiveness of the program. We also believe the program could be designed in a creative way such as working with municipalities to promote photovoltaic installations through innovative local programs. We note that by our estimates, the $250 million authorized for FY 2012 would yield roughly 100,000 rooftop solar systems, and may not be sufficient to put us on a trajectory to meet the goal of 10 million solar roofs. With these changes, the legislation could be an effective tool in increasing deployment of solar electricity technologies Nationwide. We note that existing authorities, such as the competitive portion of the state energy program, would allow DOE to undertake such a program already. s. 3396--supply star act of 2010 Supply chain energy efforts can make an important contribution to overall industrial efficiency and the competitive position of domestic suppliers. Analysis suggests that a large part of the carbon footprint for many consumer products can be attributed to the supply chain--from raw materials, transport, and packaging to the energy consumed in manufacturing processes--on the order of 40 to 60 percent\1\. --------------------------------------------------------------------------- \1\Source: Climate Change and Supply Chain Management, McKinsey Quarterly, McKinsey & Company, July 2008. --------------------------------------------------------------------------- The Supply Star legislation seeks to build upon existing best practices in the industrial community by establishing a voluntary recognition program that supports and promotes products and companies with highly energy- and resource- efficient supply chains. DOE and the Environmental Protection Agency (EPA) both have existing initiatives that address supply chain efficiency, such as Save Energy Now at DOE and the Smart Way TransportTM program at EPA. The legislation should coordinate with and leverage these programs as a structure through which Supply Star activities could be conducted. For example, through its national Save Energy Now initiative, DOE encourages manufacturing companies to engage their supply chains in energy and carbon management. Specifically, DOE develops processes and resources to assist companies in promoting energy management to their industrial suppliers and customers. Save Energy Now LEADER Companies make a voluntary commitment to reduce their energy intensity by 25 percent in 10 years. Many of these companies are interested in improving the efficiency of their supply chains as well. The Supply Star bill also builds upon Superior Energy Performance (SEP), a voluntary certification program working to provide industrial facilities with a roadmap for achieving continual improvement in energy efficiency while maintaining competitiveness. A central element of SEP is implementation of the forthcoming International Organization for Standardization (ISO) 50001 energy management standard, with additional requirements to achieve and document energy intensity improvements. DOE is working through SEP to bring ISO 50001 to the U.S. Upon its expected publication in 2011 this American National Standards Institute-accredited program will provide companies with a framework for fostering energy-efficiency at the plant level and a consistent methodology for measuring and validating energy efficiency and intensity improvements. This new framework will be an important tool to integrate into supply chain efforts. s. 3251--improving energy efficiency and renewable energy use by federal agencies act of 2010 On October 5th, President Obama signed Executive Order 13514 requiring Federal agencies to set GHG emission reduction targets, increase energy efficiency, reduce fleet petroleum use, conserve water, reduce waste and promote environmentally- responsible produce purchases by federal agencies. With this action, the President directed agencies to demonstrate the Federal government's commitment, over and above what is already being done, to reducing emissions and saving money. As a whole, the Federal government has made significant progress in meeting the energy requirements of EISA 2007 and EPAct 2005. Further progress on these efforts would be bolstered by S. 3251. The Department is particularly supportive of provisions clarifying the definition of allowable ``renewable'' energy sources, and authorizing the creation of a revolving fund for Federal facility energy efficiency and renewable energy projects. The Department looks forward to working with the Subcommittee on legislation that would provide agencies with the flexibility to purchase renewable energy for appropriate time periods, that do not exceed asset life, create appropriate risk sharing between project developers and taxpayers, and that recognize the importance of fiscal responsibility and Congressional Budget Office scoring of contracts. This authority would provide opportunities for more on-site renewable power at Federal agencies and would provide strong support for growing our domestic clean energy economy. The Department's recommended definition of renewable energy follows the definition in section 203 of EPAct 2005, with an additional recommendation to allow for both electric energy and thermal energy from renewable sources. It is very important to allow thermal energy to count as renewable energy, particularly because renewable thermal energy sources such as ground source heat pumps are often the lowest-cost option for displacing purchased energy and are already widely deployed. This approach contrasts with the current definition which is limited only to ``renewable electricity,'' a definition that reduces incentives for this valuable and cost-effective form of renewable power. The Department fully supports the creation of a revolving loan fund based on best practices and subject to appropriate interest rates for Federal facility energy efficiency and renewable energy projects. There is considerable experience and success at the state and local level with using revolving loan funds to assist innovative projects to improve energy efficiency. In addition, there is Federal experience with a similar concept within the General Services Administration (GSA) that funds agency relocations, and agencies reimburse the fund at slightly above costs to gradually increase the amount of funds available for lending. Federal agencies are already responding to the requirements of EISA Section 432 to survey their facilities for potential energy efficiency and renewable energy upgrades, as well as to complete energy audits and to report on measures taken. The Department recommends that the renewable energy facility surveys called for in S. 3251 Section 5 should be included as a modification of EISA Section 432. DOE's Federal Energy Management Program is already at work implementing provisions similar to the Federal energy management and data collection standard called for in S. 3251 Section 7. As required under EISA Section 432, DOE will publish overarching guidance for implementation of all Section 432 requirements in 2010. The Department is also developing a web- based tracking system for facility-level energy data and identified or implemented energy conservation measures per EISA. Tasking the GSA to deploy a similar publicly-available resource with facility-level energy data would create redundancy as the Department's compliance tracking system will be deployed for use by all agencies in July 2010. s. 679--heavy duty hybrid vehicle research, development, and demonstration act The program authorized by S. 679 would complement several of the Department's current activities focused on increasing vehicle energy efficiency. One of those programs is the SuperTruck Program, in which DOE is seeking to improve the freight hauling efficiency of Class 8 trucks by 50 percent. Other complementary efforts underway include: (1) the development of hybrid school bus technology; (2) research, development, and demonstration of medium-duty utility bucket trucks and passenger shuttles using a plug-in hybrid electric system; and (3) other medium and heavy duty truck deployment activities supported by our Clean Cities program. S. 679 has the potential to increase the fuel economy attainable by vehicles in this sector. There are several technical definitions and reporting requirements about which we would like to seek clarification, and the Department looks forward to working with the subcommittee on those provisions. s. 2900--gas turbine efficiency act of 2009 The Gas Turbine Efficiency Act would establish a research, development, and technology demonstration program to improve the efficiency of gas turbines used in combined cycle and simple cycle power generation systems. The Department believes that industry has economic incentives to invest in research, development and demonstration to increase the efficiency of gas turbines. To the extent that the private sector underinvests in basic research, DOE has sufficient authority and existing programs to improve high temperature materials applicable to a range of energy technologies. The bill is similar to an existing successful program within DOE. The Advanced Turbine Systems Program, a research, development and demonstration collaborative between the Department's Offices of Energy Efficiency and Renewable Energy and Fossil Energy, successfully developed and deployed advanced turbine material and coating leading to today's turbine efficiencies. The legislation outlines activities DOE already performs. For example, through its Industries of the Future (crosscutting) investments, DOE's Industrial Technology Program (ITP) aids the development of advanced manufacturing processes for the expanded use of lightweight materials such as titanium. Those breakthroughs help to drive production cost down and market impact up. In other efforts, ITP promoted advanced alloys of steel to support many of the new clean energy products being developed today. Nanocoating technologies are still another group of innovations developed with the assistance of ITP that now extend the life of tooling systems and provide wear resistance to reduce the cost of manufacture and extend the useful life of products. All of these efforts support the overarching objective of reducing the energy intensity of Industry to help advance the Administration's energy security and environmental performance goals. The Department is committed to continuing research of high temperature materials which will help industry develop more efficient energy technologies. Meanwhile, the private sector has economic incentive to invest in the development and demonstration of efficient gas turbines. Therefore, private sector work on later stages of efficient natural gas turbine development and demonstration will likely be conducted without the need for additional funding authorizations beyond that already in place. In conclusion, the Department of Energy thanks the Subcommittee for the opportunity to comment on these proposed initiatives. We look forward to working with Congress to develop strong, effective clean energy policy to ensure U.S. leadership on these global issues and in the clean energy economy. Changes in Existing Law In compliance with paragraph 12 of rule XXVI of the Standing Rules of the Senate, changes in existing law made by the bill S. 3396, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): ENERGY POLICY AND CONSERVATION ACT AN ACT To increase domestic energy supplies and availability; to restrain energy demand; to prepare for energy emergencies; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the ``Energy Policy and Conservation Act''. * * * * * * * TITLE III--IMPROVING ENERGY EFFICIENCY PART A--AUTOMOTIVE FUEL ECONOMY PART B--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER THAN AUTOMOBILES * * * * * * * ENERGY STAR PROGRAM Sec. 324A. (a) In General.--There is established within the Department of Energy and the Environmental Protection Agency a voluntary program to identify and promote energy-efficient products and buildings in order to reduce energy consumption, improve energy security, and reduce pollution through voluntary labeling of, or other forms of communication about, products and buildings that meet the highest energy conservation standards. * * * * * * * SEC. 324B. SUPPLY STAR PROGRAM. (a) In General.--There is established within the Department of Energy a Supply Star program to identify and promote practices, recognize companies, and, as appropriate, recognize products that use highly efficient supply chains in a manner that conserves energy, water, and other resources. (b) Coordination.--In carrying out the program described in subsection (a), the Secretary shall-- (1) consult with other appropriate agencies; and (2) coordinate efforts with the Energy Star program established under section 324A. (c) Duties.--In carrying out the Supply Star program described in subsection (a), the Secretary shall-- (1) promote practices, recognize companies, and, as appropriate, recognize products that comply with the Supply Star program as the preferred practices, companies, and products in the marketplace for maximizing supply chain efficiency; (2) work to enhance industry and public awareness of the Supply Star program; (3) collect and disseminate data on supply chain energy resource consumption; (4) develop and disseminate metrics, processes, and analytical tools (including software) for evaluating supply chain energy resource use; (5) develop guidance at the sector level for improving supply chain efficiency; (6) work with domestic and international organizations to harmonize approaches to analyzing supply chain efficiency, including the development of a consistent set of tools, templates, calculators, and databases; and (7) work with industry, including small businesses, to improve supply chain efficiency through activities that include-- (A) developing and sharing best practices; and (B) providing opportunities to benchmark supply chain efficiency. (d) Evaluation.--In any evaluation of supply chain efficiency carried out by the Secretary with respect to a specific product, the Secretary shall consider energy consumption and resource use throughout the entire lifecycle of a product, including production, transport, packaging, use, and disposal. (e) Grants and Incentives.-- (1) In general.--The Secretary may award grants or other forms of incentives on a competitive basis to eligible entities, as determined by the Secretary, for the purposes of-- (A) studying supply chain energy resource efficiency; and (B) demonstrating and achieving reductions in the energy resource consumption of commercial products through changes and improvements to the production supply and distribution chain of the products. (2) Use of information.--Any information or data generated as a result of the grants or incentives described in paragraph (1) shall be used to inform the development of the Supply Star Program. (f) Training.--The Secretary shall use funds to support professional training programs to develop and communicate methods, practices, and tools for improving supply chain efficiency. (g) Effect of Impact on Climate Change.--For purposes of this section, the impact on climate change shall not be a factor in determining supply chain efficiency. (h) Effect of Outsourcing of American Jobs.--For purposes of this section, the outsourcing of American jobs in the production of a product shall not count as a positive factor in determining supply chain efficiency. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary. * * * * * * *