1.Short title; table of
contents
(a)This Act may be cited
as the High-Performance Federal Buildings Act of
2011
.
(b)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.
2.Consideration of
life-cycle cost required
(a)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 requirementA 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)In
this section, the following definitions apply:
(1)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)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.
3.Long-term savings
through life-cycle cost analysisSection 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.
.
4.
(a)Federal building
commissioning standardsNot
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)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)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.
5.Integrated design
processes and building information modeling
(a)Integrated
design processes and building information modeling
(1)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)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 BuildingsNot 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)In
this section, the following definitions apply:
(1)Building
information modelingThe 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)The term commissioning has the
meaning given that term in section 4(c) of this Act.
(3)Integrated
design processThe 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.
6.Reporting of
Federal building performance dataSection 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)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 formatsNot 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 characteristicsNot 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.
.
7.Verification of
compliance with requirements
(a)Postconstruction
reportingNot 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 reportingNot 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)
(1)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)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)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).
8.Availability of
funds for design updates to meet standardsWith 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.
9.Updating Federal
building energy efficiency performance standardsSubparagraph (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.
.
10.Establishing and
updating Federal building water efficiency performance standards
(a)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)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)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)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.