[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1245 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 220
116th CONGRESS
  1st Session
                                S. 1245

                          [Report No. 116-117]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2019

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

                           September 25, 2019

               Reported by Ms. Murkowski, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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 2019''.

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 subsections (a) and (b)  subsection (a) and 
        inserting the following:
    ``(a) Energy Performance Requirement for Federal Buildings.--
            ``(1) In general.--Subject to paragraph (2), to the maximum 
        extent life cycle cost-effective, 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 2020 through 2027 is 
        reduced, as compared with the energy consumption per gross 
        square foot of the Federal buildings of the agency in fiscal 
        year 2018, by the percentage specified in the following table:


------------------------------------------------------------------------
                                                           Percentage
                     ``Fiscal Year                          Reduction
------------------------------------------------------------------------
2020..................................................               2.5
------------------------------------------------------------------------
2021..................................................                 5
------------------------------------------------------------------------
2022..................................................               7.5
------------------------------------------------------------------------
2023..................................................                10
------------------------------------------------------------------------
2024..................................................              12.5
------------------------------------------------------------------------
2025..................................................                15
------------------------------------------------------------------------
2026..................................................              17.5
------------------------------------------------------------------------
2027..................................................               20.
------------------------------------------------------------------------

            ``(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 of the building) in which energy intensive 
                activities are carried out.
                    ``(B) Reports.--Each agency shall identify and 
                include in each report under section 548(a) each 
                building designated by the agency for exclusion under 
                subparagraph (A) during the period covered by the 
                report.
            ``(3) Recommendations.--Not later than December 31, 2026, 
        the Secretary shall--
                    ``(A) review the results of the implementation of 
                the energy performance requirement established under 
                paragraph (1); and
                    ``(B) submit to Congress recommendations concerning 
                energy performance requirements for fiscal years 2028 
                through 2037.'';
            (2) in subsection (b), by striking paragraphs (1) and (2) 
        and inserting the following:
<DELETED>    ``(b) Energy Management Requirement for Federal 
Agencies.--</DELETED>
            ``(1) In general.--Each agency shall--
                    ``(A) not later than October 1, 2019, begin 
                installing in Federal buildings owned by the United 
                States all energy and water conservation measures 
                determined by the Secretary to be life-cycle cost-
                effective; and
                    ``(B) complete the installation described in 
                subparagraph (A) as soon as practicable after the date 
                referred to in that subparagraph.
            ``(2) Explanation of noncompliance.--
                    ``(A) In general.--If an agency fails to comply 
                with paragraph (1), the agency shall submit to the 
                Secretary, using guidelines developed by the Secretary, 
                an explanation of the reasons for the failure.
                    ``(B) Report to congress.--Not later than October 
                1, 2021, and every 2 years thereafter, the Secretary 
                shall submit to Congress a report describing any 
                noncompliance with the requirements of paragraph 
                (1).''; and
            (2)(3) 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 for a facility under subparagraph (A) shall 
                take into consideration--
                            ``(i) the use of a system to manage energy 
                        use at the facility; and
                            ``(ii) the applicability of certification 
                        of the facility in accordance with the 
                        International Organization for Standardization 
                        standard numbered 50001 and entitled `Energy 
                        Management Systems'.''; and
                    (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), not later than the date that is 180 
                days after the date of enactment of the All-of-the-
                Above Federal Building Energy Conservation Act of 2019, 
                and annually thereafter, each energy manager shall 
                complete, for the preceding calendar year, a 
                comprehensive energy and water evaluation and 
                recommissioning or retrocommissioning for approximately 
                25 percent of the facilities of the applicable agency 
                that meet the criteria under paragraph (2)(B) in a 
                manner that ensures that an evaluation of each such 
                facility is completed not less frequently than once 
                every 4 years.
                    ``(B) Exceptions.--An evaluation and 
                recommissioning or retrocommissioning shall not be 
                required under subparagraph (A) with respect to a 
                facility that, as of the date on which the evaluation 
                and recommissioning or retrocommissioning would 
                otherwise occur--
                            ``(i) has had a comprehensive energy and 
                        water evaluation during the preceding 8-year 
                        period;
                            ``(ii)(I) has been commissioned, 
                        recommissioned, or retrocommissioned during the 
                        preceding 10-year period; or
                            ``(II) is under ongoing commissioning;
                            ``(iii) has not had a major change in 
                        function or use since the previous evaluation 
                        and recommissioning;
                            ``(iv) has been benchmarked with public 
                        disclosure under paragraph (8) during the 
                        preceding calendar year; and
                            ``(v)(I) based on the benchmarking 
                        described in clause (iv), has achieved at a 
                        facility level the most-recent cumulative 
                        energy savings target under subsection (a), as 
                        compared to the earlier of--
                                    ``(aa) the date of the most recent 
                                evaluation; and
                                    ``(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.--Not later than 2 years after the 
        completion of each evaluation under paragraph (3), each energy 
        manager shall--
                    ``(A) implement any energy- or water-saving measure 
                that the Federal agency identified in the evaluation 
                conducted that is life cycle cost-effective; and
                    ``(B) bundle individual measures of varying 
                paybacks together into combined projects.''.

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 each of paragraphs (1) through (16), by inserting a 
        paragraph heading, the text of which is comprised of the term 
        defined in that paragraph;
            (2) by redesignating paragraphs (2) through (16) (as so 
        amended) as paragraphs (3), (4), (6), (7), (8), (10), (12), 
        (13), (14), (15), (16), (9), (17), (5), and (2), respectively, 
        and moving the paragraphs so as to appear in numerical order; 
        and
            (3) by inserting after paragraph (10) (as so redesignated) 
        the following:
            ``(11) Major renovation.--The term `major renovation' means 
        a modification of the energy systems of a building that is 
        sufficiently extensive to ensure that the entire building can 
        achieve compliance with applicable energy standards for new 
        buildings, based on such criteria as the Secretary shall 
        establish, by regulation.''.
    (b) Federal Building Energy Efficiency Standards.--Section 
305(a)(2)(A) of the Energy Conservation and Production Act (42 U.S.C. 
6834(a)(2)(A)) is amended by striking ``the 2004 International Energy 
Conservation Code (in the case of residential buildings) or ASHRAE 
Standard 90.1-2004 (in the case of commercial buildings)'' and 
inserting ``the most recently published edition of the International 
Energy Conservation Code (in the case of residential buildings) or 
ASHRAE Standard 90.1 (in the case of commercial buildings) on the date 
of enactment of the All-of-the-Above Federal Building Energy 
Conservation Act of 2019''.
    (c) Revised Federal Building Efficiency Standards.--Section 
305(a)(3) of the Energy Conservation and Production Act (42 U.S.C. 
6834(a)(3)) is amended--
            (1) 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 2019, the Secretary shall establish, by 
                        regulation, revised Federal building energy 
                        efficiency performance standards that require 
                        that--
                                    ``(I) unless demonstrated not to be 
                                life-cycle cost-effective for new 
                                Federal buildings and Federal buildings 
                                with major renovations--
                                            ``(aa) the buildings shall 
                                        be designed to achieve energy 
                                        consumption levels that are not 
                                        less than 30 percent below the 
                                        levels established in the most 
                                        recently published version of 
                                        the ASHRAE Standard or the 
                                        International Energy 
                                        Conservation Code, as 
                                        appropriate, on the date of 
                                        enactment of the All-of-the-
                                        Above Federal Building Energy 
                                        Conservation Act of 2019, 
                                        unless the Secretary 
                                        determines, pursuant to 
                                        subparagraph (B), that a 
                                        subsequent version of such a 
                                        standard or code shall apply; 
                                        and
                                            ``(bb) sustainable design 
                                        principles are applied to the 
                                        location, siting, design, and 
                                        construction of all new Federal 
                                        buildings and replacement 
                                        Federal buildings;
                                    ``(II) 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
                                    ``(III) 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 shall be met through the 
                                installation and use of solar hot water 
                                heaters.
                    ``(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) and the Federal building energy 
                standards established under paragraph (1) should be 
                updated to reflect the revisions, based on the energy 
                savings and life-cycle cost-effectiveness of the 
                revisions.'';
            (2) in subparagraph (C)--
                    (A) by striking ``(C) In the budget request'' and 
                inserting the following:
                    ``(C) Budget request.--In the budget request''; and
                    (B) by indenting clauses (i) and (ii) 
                appropriately; and
            (3) in subparagraph (D)--
                    (A) in the matter preceding clause (i), by striking 
                ``that require that:'' and inserting ``that require the 
                following:'';
                    (B) in clause (i), by striking ``annually for 
                inflation for other buildings:'' in the matter 
                preceding subclause (I) and all that follows through 
                ``(III) Sustainable design principles'' and inserting 
                ``annually for inflation for other buildings, 
                sustainable design principles'';
                    (C) in clause (v), by striking ``clause (i)(III)'' 
                each place it appears and inserting ``clause (i)''; and
                    (D) in clause (vi)--
                            (i) by striking ``subclauses (I) and (III) 
                        of''; and
                            (ii) by striking ``energy savings, 
                        sustainable design, and green building 
                        performance'' and inserting ``sustainable 
                        design and green building performance''.
    (d) Federal Compliance.--Section 306 of the Energy Conservation and 
Production Act (42 U.S.C. 6835) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``(1) The head'' and 
                        inserting the following:
            ``(1) In general.--The head''; and
                            (ii) by striking ``assure that new Federal 
                        buildings'' and inserting ``ensure that new 
                        Federal buildings and Federal buildings with 
                        major renovations''; and
                    (B) in paragraph (2)--
                            (i) by striking the second sentence and 
                        inserting the following:
                    ``(B) Procedures.--The Architect of the Capitol 
                shall adopt procedures necessary to ensure that the 
                buildings referred to in subparagraph (A) meet or 
                exceed the standards described in that subparagraph.''; 
                and
                            (ii) in the first sentence--
                                    (I) by inserting ``and Federal 
                                buildings with major renovations'' 
                                after ``new buildings''; and
                                    (II) by striking ``(2) The 
                                Federal'' and inserting the following:
            ``(2) Applicability.--
                    ``(A) In general.--The Federal''; and
            (2) in subsection (b), by striking the subsection 
        designation and heading and all that follows through ``new 
        Federal building'' and inserting the following:
    ``(b) Expenditures.--The head of a Federal agency may expend 
Federal funds for the construction of a new Federal building or a 
Federal building with major renovations''.
                                                       Calendar No. 220

116th CONGRESS

  1st Session

                                S. 1245

                          [Report No. 116-117]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 25, 2019

                        Reported with amendments