[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1199 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1199

   To improve energy performance in Federal buildings, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2013

Mr. Hoeven (for himself and Mr. Manchin) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To improve energy performance in Federal buildings, 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.

    This Act may be cited as the ``All-Of-The-Above Federal Building 
Energy Conservation Act of 2013''.

SEC. 2. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL BUILDINGS.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253(a)) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Energy Performance Requirement for Federal Buildings.--
            ``(1) Requirement.--Subject to paragraph (2), each agency 
        shall apply energy conservation measures to, and shall improve 
        the design for the construction of, the Federal buildings of 
        the agency (including each industrial or laboratory facility) 
        so that the energy consumption per gross square foot of the 
        Federal buildings of the agency in fiscal years 2006 through 
        2020 is reduced, as compared with the energy consumption per 
        gross square foot of the Federal buildings of the agency in 
        fiscal year 2003, by the percentage specified in the following 
        table:

                                                             Percentage
``Fiscal Year                                                 Reduction
        2006...............................................          2 
        2007...............................................          4 
        2008...............................................          9 
        2009...............................................         12 
        2010...............................................         15 
        2011...............................................         18 
        2012...............................................         21 
        2013...............................................         24 
        2014...............................................         27 
        2015...............................................         30 
        2016...............................................         33 
        2017...............................................         36 
        2018...............................................         39 
        2019...............................................         42 
        2020...............................................         45.
            ``(2) Exclusion for buildings with energy intensive 
        activities.--
                    ``(A) In general.--An agency may exclude from the 
                requirements of paragraph (1) any building (including 
                the associated energy consumption and gross square 
                footage) in which energy intensive activities are 
                carried out.
                    ``(B) Reports.--Each agency shall identify and list 
                in each report made under section 548(a) the buildings 
                designated by the agency for exclusion under 
                subparagraph (A).
            ``(3) Review.--Not later than December 31, 2016, the 
        Secretary shall review the results of the implementation of the 
        energy performance requirements established under paragraph 
        (1).
            ``(4) Subsequent fiscal years.--The Secretary may amend or 
        set energy performance requirements for Federal buildings for 
        each of fiscal years 2018 through 2025 by a rule that--
                    ``(A) includes cost-benefit analysis and an 
                opportunity for public comment;
                    ``(B) establishes levels that are technically 
                feasible and economically justifiable; and
                    ``(C) considers any energy- and water-saving 
                measures identified in evaluations conducted under 
                subsection (f)(3).''; and
            (2) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (E), 
                        (F), and (G) as subparagraphs (F), (G), and 
                        (H), respectively; and
                            (ii) by inserting after subparagraph (D) 
                        the following:
                    ``(E) Ongoing commissioning.--The term `ongoing 
                commissioning' means an ongoing process of 
                commissioning using monitored data, the primary goal of 
                which is to ensure continuous optimum performance of a 
                facility, in accordance with design or operating needs, 
                over the useful life of the facility, while meeting 
                facility occupancy requirements.'';
                    (B) in paragraph (2), by adding at the end the 
                following:
                    ``(C) Energy management system.--An energy manager 
                designated under subparagraph (A) shall consider use of 
                a system to manage energy use at the facility and 
                certification of the facility in accordance with the 
                International Organization for Standardization standard 
                numbered 50001 and entitled `Energy Management 
                Systems'.'';
                    (C) by striking paragraphs (3) and (4) and 
                inserting the following:
            ``(3) Energy and water evaluations and commissioning.--
                    ``(A) Evaluations.--Except as provided in 
                subparagraph (B), effective beginning on the date that 
                is 180 days after the date of enactment of the All-Of-
                The-Above Federal Building Energy Conservation Act of 
                2013, and annually thereafter, each energy manager 
                shall complete, for each calendar year, a comprehensive 
                energy and water evaluation and recommissioning or 
                retrocommissioning for approximately 25 percent of the 
                facilities of each agency that meet the criteria under 
                paragraph (2)(B) in a manner that ensures that an 
                evaluation of each facility is completed at least once 
                every 4 years.
                    ``(B) Exceptions.--An evaluation and 
                recommissioning shall not be required under 
                subparagraph (A) with respect to a facility that--
                            ``(i) has had a comprehensive energy and 
                        water evaluation during the 8-year period 
                        preceding the date of the evaluation;
                            ``(ii)(I) has been commissioned, 
                        recommissioned, or retrocommissioned during the 
                        10-year period preceding the date of the 
                        evaluation; or
                            ``(II) is under ongoing commissioning;
                            ``(iii) has not had a major change in 
                        function or use since the previous evaluation 
                        and commissioning;
                            ``(iv) has been benchmarked with public 
                        disclosure under paragraph (8) within the year 
                        preceding the evaluation; and
                            ``(v)(I) based on the benchmarking, has 
                        achieved at a facility level the most recent 
                        cumulative energy savings target under 
                        subsection (a) compared to the earlier of--
                                    ``(aa) the date of the most recent 
                                evaluation; or
                                    ``(bb) the date--
                                            ``(AA) of the most recent 
                                        commissioning, recommissioning, 
                                        or retrocommissioning; or
                                            ``(BB) on which ongoing 
                                        commissioning began; or
                            ``(II) has a long-term contract in place 
                        guaranteeing energy savings at least as great 
                        as the energy savings target under subclause 
                        (I).
            ``(4) Implementation of identified energy and water 
        efficiency measures.--
                    ``(A) In general.--Not later than 2 years after the 
                date of completion of each evaluation under paragraph 
                (3), each energy manager may--
                            ``(i) implement any energy- or water-saving 
                        measure that the Federal agency identified in 
                        the evaluation conducted under paragraph (3) 
                        that is life-cycle cost effective; and
                            ``(ii) bundle individual measures of 
                        varying paybacks together into combined 
                        projects.
                    ``(B) Measures not implemented.--The energy manager 
                shall, as part of the certification system under 
                paragraph (7), explain the reasons why any life-cycle 
                cost effective measures were not implemented under 
                subparagraph (A) using guidelines developed by the 
                Secretary.''; and
                    (D) in paragraph (7)(C), by adding at the end the 
                following:
                            ``(iii) Summary report.--The Secretary 
                        shall make available a report that summarizes 
                        the information tracked under subparagraph 
                        (B)(i) by each agency and, as applicable, by 
                        each type of measure.''.

SEC. 3. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS; 
              CERTIFICATION SYSTEM AND LEVEL FOR GREEN BUILDINGS.

    (a) Definitions.--Section 303 of the Energy Conservation and 
Production Act (42 U.S.C. 6832) is amended--
            (1) in paragraph (6), by striking ``to be constructed'' and 
        inserting ``constructed or altered''; and
            (2) by adding at the end the following:
            ``(17) Major renovation.--The term `major renovation' means 
        a modification of building energy systems sufficiently 
        extensive that the whole building can meet energy standards for 
        new buildings, based on criteria to be established by the 
        Secretary through notice and comment rulemaking.''.
    (b) Federal Building Efficiency Standards.--Section 305 of the 
Energy Conservation and Production Act (42 U.S.C. 6834) is amended--
            (1) in subsection (a)(3)--
                    (A) by striking ``(3)(A) Not later than'' and all 
                that follows through subparagraph (B) and inserting the 
                following:
            ``(3) Revised federal building energy efficiency 
        performance standards; certification for green buildings.--
                    ``(A) Revised federal building energy efficiency 
                performance standards.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the All-Of-The-
                        Above Federal Building Energy Conservation Act 
                        of 2013 and after the date of approval of each 
                        subsequent revision of ASHRAE Standard 90.1 or 
                        the International Energy Conservation Code, as 
                        appropriate, the Secretary shall establish, by 
                        rule, revised Federal building energy 
                        efficiency performance standards that require 
                        that--
                                    ``(I) new Federal buildings and 
                                alterations and additions to existing 
                                Federal buildings--
                                            ``(aa) meet or exceed the 
                                        most recent revision of the 
                                        International Energy 
                                        Conservation Code (in the case 
                                        of residential buildings) or 
                                        ASHRAE Standard 90.1 (in the 
                                        case of commercial buildings) 
                                        that the Secretary determines 
                                        saves energy compared to 
                                        previous versions of the Code 
                                        or Standard; and
                                            ``(bb) meet or exceed the 
                                        energy provisions of state and 
                                        local building codes applicable 
                                        to the building, if the codes 
                                        are more stringent than the 
                                        International Energy 
                                        Conservation Code or ASHRAE 
                                        Standard 90.1, as applicable;
                                    ``(II) unless demonstrated not to 
                                be life-cycle cost effective for new 
                                Federal buildings and Federal buildings 
                                with major renovations--
                                            ``(aa) the buildings be 
                                        designed to achieve energy 
                                        consumption levels that are at 
                                        least 30 percent below the 
                                        levels established in the 
                                        version of the ASHRAE Standard 
                                        or the International Energy 
                                        Conservation Code, as 
                                        appropriate, that is applied 
                                        under clause (i); and
                                            ``(bb) sustainable design 
                                        principles are applied to the 
                                        siting, design, and 
                                        construction of all new Federal 
                                        buildings and replacement 
                                        Federal buildings;
                                    ``(III) if water is used to achieve 
                                energy efficiency, water conservation 
                                technologies shall be applied to the 
                                extent that the technologies are life-
                                cycle cost effective; and
                                    ``(IV) if life-cycle cost 
                                effective, as compared to other 
                                reasonably available technologies, not 
                                less than 30 percent of the hot water 
                                demand for each new Federal building or 
                                Federal building undergoing a major 
                                renovation be met through the 
                                installation and use of solar hot water 
                                heaters.
                            ``(ii) Limitation.--Clause (i)(I) shall not 
                        apply to unaltered portions of existing Federal 
                        buildings and systems that have been added to 
                        or altered.'';
                    (B) in subparagraph (C), by striking ``(C) In the 
                budget request'' and inserting the following:
                    ``(B) Budget request.--In the budget request''; and
                    (C) in subparagraph (D)--
                            (i) by striking clause ``(D) Not later 
                        than'' and all that follows through the first 
                        sentence of subclause (III) and inserting the 
                        following:
                    ``(C) Certification for green buildings.--
                            ``(i) In general.--'';
                            (ii) by striking clause (ii);
                            (iii) in clause (iii), by striking ``(iii) 
                        In identifying'' and inserting the following:
                            ``(ii) Considerations.--In identifying'';
                            (iv) in clause (iv)--
                                    (I) by striking ``(iv) At least 
                                once'' and inserting the following:
                            ``(iii) Study.--At least once''; and
                                    (II) by striking ``clause (iii)'' 
                                and inserting ``clause (ii)'';
                            (v) in clause (v)--
                                    (I) by striking ``(v) The Secretary 
                                may'' and inserting the following:
                            ``(iv) Internal certification processes.--
                        The Secretary may''; and
                                    (II) by striking ``clause 
                                (i)(III)'' each place it appears and 
                                inserting ``clause (i)'';
                            (vi) in clause (vi)--
                                    (I) by striking ``(vi) With 
                                respect'' and inserting the following:
                            ``(v) Privatized military housing.--With 
                        respect''; and
                                    (II) by striking ``develop 
                                alternative criteria to those 
                                established by subclauses (I) and (III) 
                                of clause (i) that achieve an 
                                equivalent result in terms of energy 
                                savings, sustainable design, and'' and 
                                inserting ``develop alternative 
                                certification systems and levels than 
                                the systems and levels identified under 
                                clause (i) that achieve an equivalent 
                                result in terms of''; and
                            (vii) in clause (vii), by striking ``(vii) 
                        In addition to'' and inserting the following:
                            ``(vi) Water conservation technologies.--In 
                        addition to''; and
            (2) by striking subsections (c) and (d) and inserting the 
        following:
    ``(c) Periodic Review.--The Secretary shall--
            ``(1) every 5 years, review the Federal building energy 
        standards established under this section; and
            ``(2) on completion of a review under paragraph (1), if the 
        Secretary determines that significant energy savings would 
        result, upgrade the standards to include all new energy 
        efficiency and renewable energy measures that are 
        technologically feasible and economically justified.''.
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