[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3371 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3371

   To produce high-performance Federal buildings through an improved 
approach to building utilization, design, construction, and operations 
                and maintenance, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 2011

 Mr. Carnahan (for himself, Mr. Westmoreland, Mr. Welch, Mr. Quigley, 
 Ms. Hirono, Mr. Perlmutter, Ms. McCollum, Ms. Edwards, Mr. Polis, Mr. 
Garamendi, Ms. DeLauro, Mr. Ryan of Ohio, Mr. Honda, Mr. Grijalva, Ms. 
 Schakowsky, and Ms. Tsongas) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
 addition to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To produce high-performance Federal buildings through an improved 
approach to building utilization, design, construction, and operations 
                and maintenance, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``High-Performance 
Federal Buildings Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Consideration of life-cycle cost required.
Sec. 3. Long-term savings through life-cycle cost analysis.
Sec. 4. Building commissioning.
Sec. 5. Integrated design processes and building information modeling.
Sec. 6. Reporting of Federal building performance data.
Sec. 7. Verification of compliance with requirements.
Sec. 8. Availability of funds for design updates to meet standards.
Sec. 9. Updating Federal building energy efficiency performance 
                            standards.
Sec. 10. Establishing and updating Federal building water efficiency 
                            performance standards.

SEC. 2. CONSIDERATION OF LIFE-CYCLE COST REQUIRED.

    (a) Requirement.--The head of a Federal department or agency 
involved in the construction of a building described in subsection (b) 
shall ensure that the life-cycle cost of the building is considered 
during the design of the building.
    (b) Federal Buildings Subject to Requirement.--A building is 
subject to the requirement under subsection (a) if--
            (1) construction of the building begins after the date of 
        enactment of this Act;
            (2) the estimated construction costs of the building exceed 
        $1,000,000; and
            (3) Federal funding comprises more than 50 percent of the 
        funding for the estimated construction costs of the building.
    (c) Definitions.--In this section, the following definitions apply:
            (1) Life-cycle cost.--The term ``life-cycle cost'' means 
        the sum of the following costs, as estimated for the lifetime 
        of a building:
                    (A) Investment costs.
                    (B) Capital costs.
                    (C) Installation costs.
                    (D) Energy costs.
                    (E) Operating costs.
                    (F) Maintenance costs.
                    (G) Replacement costs.
            (2) Lifetime of a building.--The term ``lifetime of a 
        building'' means, with respect to a building, the greater of--
                    (A) the period of time during which the building is 
                projected to be utilized; or
                    (B) 50 years.

SEC. 3. LONG-TERM SAVINGS THROUGH LIFE-CYCLE COST ANALYSIS.

    Section 3307(b) of title 40, United States Code, is amended--
            (1) in paragraph (6) by striking ``and'' at the end;
            (2) in paragraph (7) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) with respect to any prospectus for the construction, 
        alteration, or acquisition of any building or space to be 
        leased, a statement by the Administrator describing the use of 
        life-cycle cost analysis and any increased design, 
        construction, or acquisition costs identified by such analysis 
        that are offset by lower long-term costs.''.

SEC. 4. BUILDING COMMISSIONING.

    (a) Federal Building Commissioning Standards.--Not later than one 
year after the date of enactment of this Act, the Administrator of 
General Services shall issue regulations establishing Federal building 
commissioning standards, modeled on existing private sector standards 
and guidelines, for--
            (1) the commissioning process generally;
            (2) the commissioning of individual building systems, 
        including heating, ventilation, and air-conditioning, building 
        envelope, and fire protection and life safety systems; and
            (3) the use of building automation systems to perform 
        ongoing commissioning of connected building systems.
    (b) Requirement.--With respect to each building constructed or 
altered by the Administrator or the head of any other Federal 
department or agency after the date on which regulations are issued 
under paragraph (1), the Administrator or the head of such department 
or agency shall require commissioning with respect to such building 
that meets or exceeds the standards established under such regulations.
    (c) Commissioning Defined.--In this section, the term 
``commissioning'' means a process for examining and evaluating a 
building or individual building system for the purpose of verifying and 
delivering a building or system that meets the building owner's 
requirements for use.

SEC. 5. INTEGRATED DESIGN PROCESSES AND BUILDING INFORMATION MODELING.

    (a) Integrated Design Processes and Building Information 
Modeling.--
            (1) Study.--The Comptroller General, in consultation with 
        representatives of relevant professional societies and industry 
        associations, shall conduct a study on the use of integrated 
        design processes and building information modeling with respect 
        to the design and construction of Federal buildings.
            (2) Report.--Not later than one year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        Congress a report on the results of the study conducted under 
        paragraph (1), including a description of--
                    (A) the legal, institutional, and other constraints 
                on the use of integrated design processes and building 
                information modeling by the Federal Government;
                    (B) the likely impact of the use of integrated 
                design processes and building information modeling on 
                the procurement and budgeting process over the life of 
                a facility;
                    (C) the potential impact of the use of integrated 
                design processes and building information modeling on 
                private sector firms and an analysis of measures to 
                mitigate any negative impacts on small businesses;
                    (D) an analysis of the amount of product 
                information that has building information modeling 
                profiles and what level of product profiles must be 
                available in order for building information modeling to 
                be effectively used throughout the life of a facility;
                    (E) an analysis of the benefits of the use of 
                integrated design processes and building information 
                modeling during the life cycle of a facility; and
                    (F) recommendations for the development of a 
                streamlined process for the design and construction of 
                Federal buildings using integrated design processes and 
                building information modeling.
    (b) Office of Federal High-Performance Green Buildings.--Not later 
than 90 days after the date of enactment of this Act, the duties of the 
Director of the Office of Federal High-Performance Green Buildings 
shall include--
            (1) providing technical assistance and guidance to Federal 
        departments and agencies with respect to the utilization of 
        building information modeling, commissioning, and integrated 
        design processes;
            (2) identification of best practices with respect to the 
        utilization of building information modeling, commissioning, 
        and integrated design processes, including identifying 
        appropriate case studies from the Federal Government and the 
        private sector;
            (3) disseminating to Federal departments and agencies, 
        State and local governments, and the private sector, through a 
        publically available Web-based system or other means, 
        information on best practices identified under paragraph (2); 
        and
            (4) identifying the research and technologies necessary to 
        understand the interactions of building systems and effectively 
        predict the outcomes of such interactions.
    (c) Definitions.--In this section, the following definitions apply:
            (1) Building information modeling.--The term ``building 
        information modeling'' means the development and use of a 
        computer-based model to document a building design and simulate 
        the construction and operation of a building with respect to 
        which various users can extract and add information to generate 
        feedback on and improve the building's design, construction, 
        operation, and maintenance.
            (2) Commissioning.--The term ``commissioning'' has the 
        meaning given that term in section 4(c) of this Act.
            (3) Integrated design process.--The term ``integrated 
        design process'' means a process for the design and 
        construction of a building or space that involves the 
        collaboration of architects, engineers, contractors, building 
        owners, commissioning agents, occupants, management staff, and 
        other appropriate personnel during all phases of the design and 
        construction of such building or space with the goal of 
        reducing waste and duplication and achieving high-performance 
        building characteristics identified at the beginning of the 
        project.

SEC. 6. REPORTING OF FEDERAL BUILDING PERFORMANCE DATA.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended--
            (1) by redesignating the second subsection (f), as added by 
        section 434(a) of the Energy Independence and Security Act of 
        2007 (Public Law 110-140), as subsection (g); and
            (2) in subsection (f) by adding at the end the following:
            ``(12) Reporting on commissioning and energy and water 
        savings measures.--
                    ``(A) In general.--Each energy manager shall submit 
                the evaluations, commissioning reports, plans, 
                measurements, and verifications under paragraphs (3) 
                and (5) to the Web-based system established under 
                paragraph (7) or to another publicly available Web-
                based system identified by the Secretary.
                    ``(B) Standardizing reporting formats.--Not later 
                than one year after the date of enactment of this 
                paragraph, the Secretary, in consultation with the 
                Administrator of General Services and representatives 
                of relevant professional societies and industry 
                associations, shall recognize or develop a standardized 
                format for obtaining and submitting the information 
                specified in subparagraph (A).
            ``(13) Annual report on federal building energy and water 
        characteristics.--Not later than one year after the date of 
        enactment of this paragraph, and annually thereafter, the 
        Secretary shall submit to Congress and other Federal 
        departments and agencies, and make available to the public, a 
        report summarizing the energy use, water use, and high-
        performance attributes of Federal buildings, which shall 
        include--
                    ``(A) energy use, water use, and greenhouse gas 
                emissions data by Department of Energy climate zone, 
                building type, primary building use, department or 
                agency, and building vintage;
                    ``(B) data on total energy usage and energy usage 
                by heating, ventilation, and air-conditioning, water 
                heating, lighting, plug-loads, and other subsystems;
                    ``(C) data on the energy, water, greenhouse gas 
                emissions, and cost savings attributable to compliance 
                with relevant Federal law and the baseline used for a 
                determination of such savings;
                    ``(D) a description of the requirements and 
                programs relating to energy use, water use, or 
                greenhouse gas emissions applicable to the design and 
                operation of Federal buildings and the outcomes, 
                including energy, water, greenhouse gas emissions, and 
                cost savings, of such requirements and programs (such 
                requirements and programs include green building and 
                energy rating systems and energy codes and standards);
                    ``(E) a description of the use of design or 
                technological features that contribute to reductions in 
                energy and water use, including features relating to 
                building controls, heating and cooling, ventilation, 
                efficient lighting, lighting controls, daylighting, 
                plumbing fixtures, water heating systems, food 
                preparation equipment, building envelopes, orientation, 
                site selection, integrated design, building information 
                modeling, commissioning, and other features determined 
                appropriate for inclusion by the Secretary;
                    ``(F) a description of any lessons learned from and 
                case studies included in the information submitted 
                under paragraph (12);
                    ``(G) a description of the characteristics of high-
                performance buildings and high-performance green 
                buildings, as such terms are defined under section 401 
                of the Energy Independence and Security Act of 2007 (42 
                U.S.C. 17061), including with respect to--
                            ``(i) indoor environmental quality;
                            ``(ii) air and water pollution;
                            ``(iii) waste generation;
                            ``(iv) impacts on transportation due to 
                        building location and site design;
                            ``(v) safety, security, and resiliency 
                        attributes;
                            ``(vi) historic preservation; and
                            ``(vii) operation and functionality 
                        characteristics; and
                    ``(H) additional information determined appropriate 
                for inclusion by the Secretary.''.

SEC. 7. VERIFICATION OF COMPLIANCE WITH REQUIREMENTS.

    (a) Postconstruction Reporting.--Not later than one year after the 
date of substantial completion of the construction or alteration of a 
building, the construction or alteration of which was approved under 
section 3307(a) of title 40, United States Code, and biennially 
thereafter, the Administrator of General Services shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives, the Committee on Environment and Public Works of the 
Senate, and the Director of the Office of Management and Budget a 
report with respect to such building demonstrating compliance with 
requirements under part 3 of title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8251 et seq.), subtitle II of title 
40, United States Code, subtitle F of title I of the Energy Policy Act 
of 1992 (42 U.S.C. 8262 et seq.), sections 305 and 306 of the Energy 
Conservation and Production Act (42 U.S.C. 6834 and 6835), and other 
laws and regulations relating to the design, construction, and 
alteration of public buildings.
    (b) Verification of Postconstruction Reporting.--Not later than one 
year after the date of enactment of this Act, the Director of the 
Office of Management and Budget, in consultation with representatives 
of relevant private sector organizations, shall recognize or develop 
mechanisms for the measurement and verification of compliance with the 
requirements specified under subsection (a).
    (c) Inspector General Review.--
            (1) In general.--Each Inspector General appointed under the 
        Inspector General Act of 1978 (5 U.S.C. App.) shall conduct 
        reviews of the department or agency applicable to such 
        Inspector General with respect to the compliance, and cost 
        savings attributable to the compliance, of such department or 
        agency with requirements under part 3 of title V of the 
        National Energy Conservation Policy Act (42 U.S.C. 8251 et 
        seq.), subtitle II of title 40, United States Code, and other 
        laws and regulations relating to the design, construction, and 
        alteration of public buildings, to the extent that such reviews 
        are not inconsistent with the performance of the required 
        duties of such Inspector General.
            (2) Timing.--Reviews under paragraph (1) shall be conducted 
        at least biennially by each Inspector General, unless the 
        applicable department or agency has not engaged in the design, 
        construction, or alteration of a public building and has not 
        provided for the operation and maintenance of a public building 
        since the last such review of such department or agency.
            (3) Transmission of reports.--Each Inspector General shall 
        submit to the Director of the Office of Management and Budget, 
        the Secretary of Energy, the Committee on Appropriations of the 
        House of Representatives, and the Committee on Appropriations 
        of the Senate a report on each review conducted under paragraph 
        (1) by that Inspector General. The Secretary of Energy shall 
        include reports submitted to the Secretary under this paragraph 
        in the annual report required under section 543(f)(13) of the 
        National Energy Conservation Policy Act (as added by section 6 
        of this Act).

SEC. 8. AVAILABILITY OF FUNDS FOR DESIGN UPDATES TO MEET STANDARDS.

    With respect to a building or space receiving approval under 
section 3307(a) of title 40, United States Code, the design of which 
has been substantially completed but the construction of which has not 
yet begun, the Administrator may use amounts from the Federal Building 
Fund Capital Account to update the design of such building or space to 
meet Federal building energy and water efficiency standards. With 
respect to each such building or space, amounts used under this section 
may not exceed 125 percent of the estimated energy, water, operations 
and maintenance, and other cost savings determined to be associated 
with the applicable design update by a life-cycle cost analysis.

SEC. 9. UPDATING FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE 
              STANDARDS.

    Subparagraph (B) of section 305(a)(3) of the Energy Conservation 
and Production Act (42 U.S.C. 6834(a)(3)) is amended to read as 
follows:
    ``(B) Not later than one year after the date of approval of each 
subsequent revision of the ASHRAE Standard or the International Energy 
Conservation Code, the ASHRAE Standard or the International Energy 
Conservation Code specified in subparagraph (A)(i)(I) shall be treated 
as updated to the revised version unless the Secretary has determined 
that, based on cost effectiveness, the percentage identified in such 
subparagraph should be adjusted.''.

SEC. 10. ESTABLISHING AND UPDATING FEDERAL BUILDING WATER EFFICIENCY 
              PERFORMANCE STANDARDS.

    (a) Establishment.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Energy, in consultation with 
appropriate Federal departments and agencies and relevant codes and 
standards development organizations, shall issue regulations 
establishing Federal building water efficiency standards that require 
Federal buildings constructed after the date on which such regulations 
are issued to incorporate water efficiency measures that are 
technologically feasible and economically justified.
    (b) Contents.--The standards established under subsection (a) 
shall--
            (1) include water efficiency measures that meet or exceed 
        the water efficiency measures of national consensus-based 
        minimum plumbing codes published as of the date of enactment of 
        this Act; and
            (2) to the extent practicable, use the same format as such 
        codes.
    (c) Updates.--At least once every 3 years, the Secretary shall 
review the Federal building water efficiency standards established 
under subsection (a) and, if significant water savings would result, 
shall revise such standards to include additional water efficiency 
measures that are technologically feasible and economically justified.
    (d) Considerations.--In considering revisions under subsection (c), 
the Secretary shall consider any water-related provisions of the most 
recent versions of national consensus-based above-minimum plumbing 
codes.
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