Overview

Title

To require the Secretary of Defense to enhance the readiness of the Department of Defense to challenges relating to climate change and to improve the energy and resource efficiency of the Department, and for other purposes.

ELI5 AI

H.R. 10360 is a plan to help the military use less energy and be ready for changes in the weather by 2034, like creating a special fund to save money and using greener ways to make things.

Summary AI

H.R. 10360 aims to strengthen the Department of Defense's readiness for climate change challenges by improving energy efficiency and resource use. The bill proposes that the Department achieve net zero energy usage by non-operational sources by 2034, involves the creation of a Climate Resilience Fund, and requires annual reports on climate change impacts on military installations. Additionally, it sets out new climate-conscious requirements for Defense contracts and promotes the use of green manufacturing technology in military operations.

Published

2024-12-11
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-12-11
Package ID: BILLS-118hr10360ih

Bill Statistics

Size

Sections:
10
Words:
6,442
Pages:
33
Sentences:
128

Language

Nouns: 1,995
Verbs: 413
Adjectives: 387
Adverbs: 55
Numbers: 281
Entities: 462

Complexity

Average Token Length:
4.48
Average Sentence Length:
50.33
Token Entropy:
5.43
Readability (ARI):
28.32

AnalysisAI

The proposed legislation, titled the "Department of Defense Climate Resilience and Readiness Act," is a detailed response to the way climate change and energy consumption impact national security. The bill outlines multiple strategies for enhancing the Department of Defense's (DoD) preparedness and efficiency in facing climate-related challenges. At its core, the bill mandates the DoD to aim for net-zero energy consumption from non-operational sources by 2034. It also emphasizes energy-efficient contracting, demanding that contractors comply with renewable energy standards. Further, the legislation mandates reporting on climate vulnerabilities and aims to integrate climate resilience into military strategies.

Summary of Significant Issues

One of the primary challenges with the bill is its potential administrative complexity. The legislation involves numerous requirements and stipulations, which could result in increased costs and bureaucratic oversight. For instance, the bill requires a biennial strategy update on net-zero energy progress, which may overall increase administrative expenses without clear cost-efficiency outcomes. Furthermore, the waiver provisions allowing the Secretary of Defense to suspend specific mandates could be seen as overly flexible, potentially undermining the bill's objectives if overutilized.

The budget allocated for research and development on energy resilience, outlined to reach $250 million annually by 2032, raises accountability questions. The bill does not provide explicit justification for this fiscal escalation, inviting concerns about effective fund utilization. Furthermore, the bill imposes substantial requirements on contractors, which could disadvantage smaller firms with fewer resources or experience in renewable energy. This stipulation could unintentionally favor larger, established companies and thus, restrict competition.

Broader Public Impact

The bill holds considerable potential for positive impacts, especially in terms of sustainability and energy efficiency, which can have long-term benefits in reducing military carbon emissions. By pushing for net-zero energy goals, it sets strong precedents that could potentially influence broader governmental and private-sector practices.

However, the financial implications could affect taxpayers if not managed efficiently, particularly concerning the increase in expenditures for energy-related research and development. Also, the extensive collaboration with multiple agencies could complicate policy implementation due to potential bureaucratic slowdowns.

Specific Stakeholder Impact

For companies, especially those in the renewable energy and manufacturing sectors, the bill's contracting stipulations could offer opportunities by prioritizing green technology implementation. Nonetheless, smaller businesses might face challenges due to stringent compliance requirements, which could limit their competitiveness in securing defense contracts.

For federal and state agencies, the integration mandates might result in an increased workload and collaborative pressures, as effective strategies will require significant inter-agency coordination.

The military might experience operational benefits through increased base resilience and energy independence. However, implementing these strategies will likely necessitate significant investment and adaptation to new technologies and frameworks.

In conclusion, while the "Department of Defense Climate Resilience and Readiness Act" is ambitious in its climate and energy objectives, it presents challenges around administrative complexity, budget justification, and potential impacts on smaller businesses. Its success will depend largely on how effectively its requirements are implemented and managed across various levels of government and the private sector.

Financial Assessment

One of the primary financial elements in the bill is the authorization of specific appropriations for advancing energy storage, hybrid microgrid systems, and overall energy resilience. Section 8 of the bill outlines these financial commitments, starting with $10 million in 2026, increasing incrementally over the years, and reaching $250 million annually by 2032. This substantial escalation in funding is intended to support the Department of Defense (DoD) in enhancing its energy infrastructure and mitigating climate-related risks.

However, this notable increase in spending also aligns with one of the issues identified, which is the lack of a clear justification for the financial escalation. Steadily increasing appropriations without transparent reasoning or defined goals could lead to financial accountability issues. It poses questions about whether this level of funding is necessary and how effectively it will be managed.

The bill also touches on the establishment of an "Energy and Climate Resilience Fund"—a pivotal financial mechanism meant to be funded by fees from contractors who do not meet certain renewable energy use criteria as stated in Section 5. This section mandates a 1% fee of the contract value for non-compliant contractors, ideally encouraging them to shift towards greener practices. However, the leniency in waiver provisions could undermine this goal by allowing companies to defer fee payments, potentially reducing the funds available for critical climate-related improvements.

Another financial aspect related to Section 5 is the requirement for defense contracts to consider a contractor's energy consumption and climate-change actions. This includes potential financial penalties or incentives depending on their renewable energy production and any regulatory violations they might have. Complex contract requirements could, however, disadvantage smaller businesses which may struggle with compliance costs, thus impacting the balance and diversity of contract awards.

Finally, the bill’s requirement for annual reports in Section 6 on climate change impacts doesn't include a specified budget allocation for these activities. The absence of designated funding could lead to challenges in executing thorough and comprehensive assessments, as mentioned in one of the raised issues. Unfunded mandates create risks of underperforming assessments and gaps in crucial climate vulnerability data, vital for informed decision-making.

In summary, while the bill sets ambitious financial targets and mechanisms for encouraging green practices within the DoD, its successful implementation heavily depends on justified appropriations, rigorous management of funds, and an equitable environment for small and large contractors alike. Without these, there is a risk of inefficient resource use and unmet climate resilience objectives.

Issues

  • The requirement for the Department of Defense to achieve net zero energy by non-operational sources by 2034 (Section 3) lacks specific details on funding and procurement processes, which raises concerns about potential wasteful spending and favoritism.

  • The waiver provisions in Sections 3 and 5 regarding achieving net zero energy and climate-conscious contracting may be too lenient, allowing repeated renewals and potential abuse that could undermine climate objectives.

  • Significant increase in spending outlined in Section 8, reaching $250 million annually by 2032, lacks clear justification for escalation, posing financial accountability concerns.

  • The involvement of multiple federal agencies and the intelligence community in climate resilience strategies (Section 7) could lead to bureaucratic inefficiencies and challenges in coordination.

  • The criteria and methodology for determining and quantifying a 'climate vulnerability score' (Section 6) are not clearly outlined, impacting accountability and transparency.

  • Complex requirements for contractors regarding renewable energy production and climate-related risk disclosures (Section 5) could disadvantage smaller businesses and lead to increased contract costs.

  • The definition and requirements of 'qualified contractor' and 'qualified small business' in Section 5 may be too simplistic, potentially compromising the rigor and intent of the contract awards.

  • The biennial update requirement in Section 3 could lead to higher administrative costs and resource allocation issues without clear justification.

  • The broad language regarding climate-related improvements in Section 5 may lead to subjective interpretations and inconsistent application of funds.

  • Potential financial strain from conducting annual climate change reports without a specified budget or funding source (Section 6) could lead to inadequately funded assessments.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill gives it a short title, which is the “Department of Defense Climate Resilience and Readiness Act”.

2. Definitions Read Opens in new tab

Summary AI

The section provides definitions for key terms used in the Act, such as "climate change," which refers to changes in climate due to human activities, and "green manufacturing technology," which involves manufacturing processes that are environmentally friendly. It also defines energy-related terms like "net zero energy" and explains other terms like "non-operational sources," which pertain to certain Department of Defense installations.

3. Net zero energy by non-operational sources of the Department of Defense Read Opens in new tab

Summary AI

The Department of Defense aims to reach net zero energy use from non-operational sources by December 31, 2034, supported by a detailed strategy report to Congress, periodic updates, and consultation with scientific bodies. The Secretary of Defense may temporarily waive this requirement if it harms safety or national security, with each waiver lasting no more than 30 days and subject to renewal.

4. Inclusion in Annual Energy Management and Resilience Report of Department of Defense of list of military installations that emit the most carbon and estimate of energy consumption by Department Read Opens in new tab

Summary AI

The section requires the Secretary of Defense to include additional information in the Annual Energy Management and Resilience Report each year, listing the top ten military installations with the highest carbon emissions, estimating total energy consumption and greenhouse gas emissions by the Department of Defense, and evaluating emissions from all installations, using specified metrics.

5. Climate-conscious contracting of Department of Defense Read Opens in new tab

Summary AI

The section outlines requirements for Department of Defense contracts to prioritize energy efficiency and climate considerations. It mandates that contracts involve estimates of energy use, potential climate risks, and imposes fees on contractors not using renewable energy, with preferences for green technology and small businesses committed to sustainable practices.

8756. Requirements relating to energy consumption and climate change Read Opens in new tab

Summary AI

The section outlines rules for Department of Defense contracts starting October 1, 2025, which require estimates of energy use and assessments of renewable energy investment, consideration of contractors' renewable energy production, and compliance with environmental laws. Contractors must disclose climate risks and greenhouse gas emissions; a fee is imposed if they fall short on renewable energy production. Waivers are possible if these requirements compromise safety or national security.

6. Annual report on effects of climate change on Department of Defense Read Opens in new tab

Summary AI

The law requires the Secretary of Defense to annually report to Congress on how climate change affects military bases and preparedness. This report must include details on the most vulnerable bases, efforts to adapt to climate risks, collaboration with other countries, and the impact on military readiness, and it should be available to the public online.

7. Incorporation of climate resilience into existing strategies of the Department of Defense Read Opens in new tab

Summary AI

The bill section requires the Department of Defense to integrate climate change into its strategies, keeping an existing directive on climate change adaptation in effect. It also mandates the creation of a special team to ensure these climate-related strategies are implemented effectively, and this team must work closely with various federal agencies and environmental leaders.

8. Research, development, and demonstration program on energy storage, hybrid microgrid, and energy resilience Read Opens in new tab

Summary AI

The bill directs the Secretary of Defense, in collaboration with the Secretary of Energy, to lead a research and demonstration program focused on hybrid microgrid systems and energy storage for improving energy resilience. The program will involve multidisciplinary teams and collaboration with various stakeholders, including state and local governments, educational institutions, and the private sector, and will address a wide range of areas such as integrating renewable energy, enhancing grid security, and developing standards and safety measures for energy storage devices.

Money References

  • (g) Authorization of appropriations.—There is authorized to be appropriated to the Secretary of Defense to carry out this section the following: (1) For fiscal year 2026, $10,000,000.
  • (2) For fiscal year 2027, $25,000,000. (3) For fiscal year 2028, $50,000,000. (4) For fiscal year 2029, $75,000,000. (5) For fiscal year 2030, $125,000,000.
  • For fiscal year 2031, $200,000,000. (7) For each of fiscal years 2032 through 2034, $250,000,000. (h) No effect on other provisions of law.—Nothing in this section authorizes regulatory actions that would duplicate or conflict with regulatory requirements, mandatory standards, or related processes under section 215 of the Federal Power Act (16 U.S.C. 824o).

9. Conditions on base realignment and closure activities funded through base closure account of Department of Defense Read Opens in new tab

Summary AI

The section mandates that the Department of Defense must account for climate change impacts and the resilience of its installations in any new round of Base Realignment and Closure activities. It also clarifies that such activities involve actions like acquiring real estate and military construction, as authorized by relevant laws and funded through a specific defense account.