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

The bill wants the Department of Defense to get better at dealing with climate change by saving energy and using resources wisely, like when you turn off lights to save electricity. It plans to do this by using green technologies and checking how military places are affected by climate changes every year.

Summary AI

The bill, S. 5519, titled the “Department of Defense Climate Resilience and Readiness Act,” aims to enhance the readiness of the Department of Defense by addressing challenges related to climate change. It proposes measures for improving energy and resource efficiency, including achieving net zero energy for non-operational sources by the year 2034. Additionally, the bill sets requirements for energy consumption consideration in contracts, encourages the use of green technology, and establishes an Energy and Climate Resilience Fund to support climate-related improvements. Furthermore, it emphasizes research and development in energy storage and microgrid systems, and mandates annual reports assessing the effects of climate change on military installations.

Published

2024-12-12
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-12-12
Package ID: BILLS-118s5519is

Bill Statistics

Size

Sections:
10
Words:
6,466
Pages:
33
Sentences:
129

Language

Nouns: 2,007
Verbs: 416
Adjectives: 387
Adverbs: 56
Numbers: 282
Entities: 465

Complexity

Average Token Length:
4.50
Average Sentence Length:
50.12
Token Entropy:
5.44
Readability (ARI):
28.28

AnalysisAI

The bill introduced, titled the "Department of Defense Climate Resilience and Readiness Act," seeks to enhance the Department of Defense's readiness against climate change while improving its energy efficiency. The legislation is extensive and involves various strategies, plans, and reporting requirements to meet climate-related challenges and promote sustainable practices within the department.

General Summary of the Bill

The legislation mandates the Department of Defense (DoD) to strive for net zero energy usage across its non-operational sources by 2034, meaning that the energy the DoD generates equals what it consumes. It requires annual reports on military installations vulnerable to climate change and updates energy management reports with detailed carbon emissions data. Additionally, the bill aims to integrate climate change considerations into defense contracting by requiring assessments of energy consumption and renewable energy use. The DoD must also foster research in energy storage and grid resilience, offering financial assistance to states and entities towards these ends. Lastly, the bill stipulates that climate resilience factors must be considered in any base realignment activities.

Summary of Significant Issues

A primary issue with the bill is the ambiguity in sections that allow the Secretary of Defense to waive energy and environmental requirements. The language used to justify these waivers lacks clarity, potentially leading to indefinite extensions and undermining the bill's climate goals. Furthermore, imposing additional financial and administrative burdens on contractors, particularly smaller businesses, might deter participation and increase the overall costs of defense contracts. Another concern revolves around the lack of specified funding and methodology in assessing climate vulnerabilities in the required reports, which may lead to insufficient assessments.

Further issues arise in defining roles for entities like the National Academy of Sciences in research and reporting processes, which could lead to accountability questions. Lastly, by involving multiple federal agencies without clear procedural guidelines, there is a risk of creating bureaucratic inefficiencies and redundancy in coordinating climate strategies.

Impact on the Public

Broadly, the public could see positive outcomes if the Department of Defense successfully integrates and implements climate resilience measures, potentially leading to reduced military carbon footprints and enhanced national security in the face of climate threats. However, the public interest could be negatively affected if the financial burden of compliance, waivers, and other administrative requirements lead to inefficiencies or increased defense spending without clear benefits, indirectly affecting taxpayers.

Impact on Specific Stakeholders

For the Department of Defense, the bill presents an opportunity to lead in climate resilience and energy efficiency; however, it also poses challenges in terms of meeting stringent energy goals with limited guidance on funding and implementation. For contractors, especially small businesses, the mandates could mean higher compliance costs and restricted opportunities if they cannot meet the renewable energy criteria. On a positive note, companies in the renewable energy sector or those specializing in green manufacturing technology may find new business opportunities as the DoD seeks to meet its net zero goals.

Lastly, if the strategic goals are undermined by vague waivers or inefficient implementation due to excessive bureaucracy, stakeholders such as defense department employees, contractors, and environmental groups could experience disadvantages, potentially overshadowing the bill's objectives. Overall, clarity, fair process, and adequate funding are vital to balancing the bill's intentions with its practical impacts on stakeholders.

Financial Assessment

In analyzing the bill S. 5519, titled the "Department of Defense Climate Resilience and Readiness Act," several sections contain financial references and allocations that have noteworthy implications.

Financial Appropriations

The bill authorizes appropriations totaling $735 million over several fiscal years to support research, development, and demonstration activities related to energy storage and microgrid systems. Specifically, the bill allocates:

  • $10 million for fiscal year 2026
  • $25 million for fiscal year 2027
  • $50 million for fiscal year 2028
  • $75 million for fiscal year 2029
  • $125 million for fiscal year 2030
  • $200 million for fiscal year 2031
  • $250 million annually for each fiscal year from 2032 through 2034

Relationship to Identified Issues

Net Zero Energy Target

The bill mandates the Department of Defense (DoD) to achieve net zero energy usage for non-operational sources by 2034. However, there is no direct financial allocation or mechanism outlined in the bill to support this transition. The absence of specified funding could lead to financial burdens, particularly if the costs shift without clear strategy or support, as highlighted in the issues regarding unspecified funding in Section 3. Industries could also potentially be favored if they align with unstated financial incentives or policies, influencing fair market competition.

Impact on Contractors

Section 5 imposes a 1% fee on Defense contracts for contractors not producing renewable energy equivalent to their energy consumption. This financial obligation might deter smaller businesses that cannot afford to transition to renewable energy quickly, exacerbating concerns about increased contract costs and reduced competition. The added administrative and financial requirements might skew the market towards larger contractors who can absorb these costs more readily, impacting budget allocations for other DoD needs.

Waiver Provisions

Sections 3 and 5 allow the Secretary of Defense to waive these financial obligations under certain circumstances. The criteria for these waivers are vague regarding what constitutes an "adverse effect," leaving open-ended possibilities for bypassing financial and environmental commitments. This ambiguity could result in indefinite extensions of waivers, undermining the bill's intent and creating unpredictability in financial planning.

Coordination and Bureaucracy

Incorporating multiple federal agencies in climate strategies through Section 7 could lead to bureaucratic inefficiencies and redundancy. No specific financial allocations are mentioned for this coordination, which may result in overlapping expenditures or unnecessary financial burden without a clear outline of responsibilities.

Evaluation and Reporting

Finally, Section 6 mandates annual reports on climate vulnerabilities but lacks specified funding or methodologies for financial assessments. This absence could lead to varied and potentially costly evaluations, raising concerns about the adequacy of funding to conduct these assessments and the financial burden on the DoD if left unchecked.

In summary, while the bill outlines significant appropriations for certain initiatives, it leaves several financial responsibilities and implications inadequately addressed, potentially affecting fairness, market competition, and overall efficiency in achieving its climate resilience goals.

Issues

  • The bill's requirement for the Department of Defense to achieve net zero energy by non-operational sources by 2034 (Section 3) lacks specifics on funding and could inadvertently promote favoritism toward certain industries, raising concerns about financial burden and fair competition.

  • Section 5 imposes financial and administrative obligations on contractors, such as a one percent fee and climate risk disclosures, which could deter smaller businesses and increase contract costs, potentially impacting budget allocations and market competition.

  • The waiver provisions in Section 3 and Section 5 allow the Secretary of Defense to bypass key environmental and energy requirements under certain conditions, but the language remains ambiguous regarding 'adverse effects' and could lead to indefinite extensions, undermining legislative intent.

  • In Sections 5 and 4, the roles and responsibilities of entities like the National Academy of Sciences and federally funded research centers are not clearly defined, leading to potential accountability and transparency issues.

  • The inclusion of multiple federal agencies in coordinating climate strategies as described in Section 7 could create bureaucratic inefficiencies and redundancy within existing policies and operations.

  • There is no specified funding or clear methodology for assessing climate vulnerability in the annual climate change reports in Section 6, risking inadequate and financially burdensome 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 on energy storage, hybrid microgrid, and energy resilience Read Opens in new tab

Summary AI

The proposed legislation directs the Secretary of Defense to collaborate with the Secretary of Energy to research and develop hybrid microgrid systems and energy storage within the Department of Defense, focusing on integrating renewable energy, improving grid resilience, and exploring various innovative energy technologies. It also requires organizing multidisciplinary teams, consulting with various stakeholders, offering financial assistance to states and other entities, and submitting annual progress reports until 2034, with funding progressively increasing through the years.

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.