[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 869 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 869

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2015

Mr. Hoeven (for himself, Mr. Manchin, and Mr. Donnelly) 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 2015''.

SEC. 2. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL BUILDINGS.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) 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 
        2017 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.
            ``(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, 2017, the 
        Secretary shall--
                    ``(A) review the results of the implementation of 
                the energy performance requirements established under 
                paragraph (1); and
                    ``(B) based on the review conducted under 
                subparagraph (A), submit to Congress a report that 
                addresses the feasibility of requiring each agency to 
                apply energy conservation measures to, and 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 
                each of fiscal years 2018 through 2030 is reduced, as 
                compared with the energy consumption per gross square 
                foot of the Federal buildings of the agency in the 
                prior fiscal year, by 3 percent.''; 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 
                2015, 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 2015, 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) 
                                        as of the date of enactment of 
                                        the All-of-the-Above Federal 
                                        Building Energy Conservation 
                                        Act of 2015; 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 subclause (I)(aa), 
                                        including updates under 
                                        subparagraph (B); and
                                            ``(bb) sustainable design 
                                        principles are applied to the 
                                        location, 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) Updates.--Not later than 1 year after the 
                date of approval of each subsequent revision of the 
                ASHRAE Standard or the International Energy 
                Conservation Code, as appropriate, the Secretary shall 
                determine whether the revised standards established 
                under subparagraph (A) should be updated to reflect the 
                revisions, based on the energy savings and life-cycle 
                cost-effectiveness of the revisions.'';
                    (B) in subparagraph (C), by striking ``(C) In the 
                budget request'' and inserting the following:
                    ``(C) Budget request.--In the budget request''; and
                    (C) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) Certification for green buildings.--
                            ``(i) Sustainable design principles.--
                        Sustainable design principles shall be applied 
                        to the siting, design, and construction of 
                        buildings covered by this subparagraph.
                            ``(ii) Selection of certification 
                        systems.--The Secretary, after reviewing the 
                        findings of the Federal Director under section 
                        436(h) of the Energy Independence and Security 
                        Act of 2007 (42 U.S.C. 17092(h)), in 
                        consultation with the Administrator of General 
                        Services, and in consultation with the 
                        Secretary of Defense relating to those 
                        facilities under the custody and control of the 
                        Department of Defense, shall determine those 
                        certification systems for green commercial and 
                        residential buildings that the Secretary 
                        determines to be the most likely to encourage a 
                        comprehensive and environmentally sound 
                        approach to certification of green buildings.
                            ``(iii) Basis for selection.--The 
                        determination of the certification systems 
                        under clause (ii) shall be based on ongoing 
                        review of the findings of the Federal Director 
                        under section 436(h) of the Energy Independence 
                        and Security Act of 2007 (42 U.S.C. 17092(h)) 
                        and the criteria described in clause (v).
                            ``(iv) Administration.--In determining 
                        certification systems under this subparagraph, 
                        the Secretary shall--
                                    ``(I) make a separate determination 
                                for all or part of each system;
                                    ``(II) confirm that the criteria 
                                used to support the selection of 
                                building products, materials, brands, 
                                and technologies--
                                            ``(aa) are fair and neutral 
                                        (meaning that the criteria are 
                                        based on an objective 
                                        assessment of relevant 
                                        technical data);
                                            ``(bb) do not prohibit, 
                                        disfavor, or discriminate 
                                        against selection based on 
                                        technically inadequate 
                                        information to inform human or 
                                        environmental risk; and
                                            ``(cc) are expressed to 
                                        prefer performance measures 
                                        whenever performance measures 
                                        may reasonably be used in lieu 
                                        of prescriptive measures; and
                                    ``(III) use environmental and 
                                health criteria that are based on risk 
                                assessment methodology that is 
                                generally accepted by the applicable 
                                scientific disciplines.
                            ``(v) Considerations.--In determining the 
                        green building certification systems under this 
                        subparagraph, the Secretary shall take into 
                        consideration--
                                    ``(I) the ability and availability 
                                of assessors and auditors to 
                                independently verify the criteria and 
                                measurement of metrics at the scale 
                                necessary to implement this 
                                subparagraph;
                                    ``(II) the ability of the 
                                applicable certification organization 
                                to collect and reflect public comment;
                                    ``(III) the ability of the standard 
                                to be developed and revised through a 
                                consensus-based process;
                                    ``(IV) an evaluation of the 
                                robustness of the criteria for a high-
                                performance green building, which shall 
                                give credit for promoting--
                                            ``(aa) efficient and 
                                        sustainable use of water, 
                                        energy, and other natural 
                                        resources;
                                            ``(bb) use of renewable 
                                        energy sources;
                                            ``(cc) improved indoor 
                                        environmental quality through 
                                        enhanced indoor air quality, 
                                        thermal comfort, acoustics, day 
                                        lighting, pollutant source 
                                        control, and use of low-
                                        emission materials and building 
                                        system controls; and
                                            ``(dd) such other criteria 
                                        as the Secretary determines to 
                                        be appropriate; and
                                    ``(V) national recognition within 
                                the building industry.
                            ``(vi) Review.--The Secretary, in 
                        consultation with the Administrator of General 
                        Services and the Secretary of Defense, shall 
                        conduct an ongoing review to evaluate and 
                        compare private sector green building 
                        certification systems, taking into account--
                                    ``(I) the criteria described in 
                                clause (v); and
                                    ``(II) the identification made by 
                                the Federal Director under section 
                                436(h) of the Energy Independence and 
                                Security Act of 2007 (42 U.S.C. 
                                17092(h)).
                            ``(vii) Exclusions.--
                                    ``(I) In general.--Subject to 
                                subclause (II), if a certification 
                                system fails to meet the review 
                                requirements of clause (v), the 
                                Secretary shall--
                                            ``(aa) identify the 
                                        portions of the system, whether 
                                        prerequisites, credits, points, 
                                        or otherwise, that meet the 
                                        review criteria of clause (v);
                                            ``(bb) determine the 
                                        portions of the system that are 
                                        suitable for use; and
                                            ``(cc) exclude all other 
                                        portions of the system from 
                                        identification and use.
                                    ``(II) Entire systems.--The 
                                Secretary shall exclude an entire 
                                system from use if an exclusion under 
                                subclause (I)--
                                            ``(aa) impedes the 
                                        integrated use of the system;
                                            ``(bb) creates disparate 
                                        review criteria or unequal 
                                        point access for competing 
                                        materials; or
                                            ``(cc) increases agency 
                                        costs of the use.
                            ``(viii) Internal certification 
                        processes.--The Secretary may by rule allow 
                        Federal agencies to develop internal 
                        certification processes, using certified 
                        professionals, in lieu of certification by 
                        certification entities identified under clause 
                        (ii).
                            ``(ix) Privatized military housing.--With 
                        respect to privatized military housing, the 
                        Secretary of Defense, after consultation with 
                        the Secretary may, through rulemaking, develop 
                        alternative certification systems and levels 
                        than the systems and levels identified under 
                        clause (ii) that achieve an equivalent result 
                        in terms of energy savings, sustainable design, 
                        and green building performance.
                            ``(x) Water conservation technologies.--In 
                        addition to any use of water conservation 
                        technologies otherwise required by this 
                        section, water conservation technologies shall 
                        be applied to the extent that the technologies 
                        are life-cycle cost-effective.
                            ``(xi) Effective date.--
                                    ``(I) Determinations made after 
                                december 31, 2015.--This subparagraph 
                                shall apply to any determination made 
                                by a Federal agency after December 31, 
                                2015.
                                    ``(II) Determinations made on or 
                                before december 31, 2015.--This 
                                subparagraph (as in effect on the day 
                                before the date of enactment of the 
                                All-of-the-Above Federal Building 
                                Energy Conservation Act of 2015) shall 
                                apply to any use of a certification 
                                system for green commercial and 
                                residential buildings by a Federal 
                                agency on or before December 31, 
                                2015.''; and
            (2) by striking subsections (c) and (d) and inserting the 
        following:
    ``(c) Periodic Review.--The Secretary shall--
            ``(1) once 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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