[Senate Report 116-117]
[From the U.S. Government Publishing Office]
Calendar No. 220
116th Congress } { Report
SENATE
1st Session } { 116-117
======================================================================
ALL-OF-THE-ABOVE FEDERAL BUILDING ENERGY CONSERVATION ACT OF 2019
_______
September 25, 2019.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1245]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1245) to improve energy performance in
Federal buildings, and for other purposes, having considered
the same, reports favorably thereon with amendments and
recommends that the bill, as amended, do pass.
Amendments
The amendments are as follows:
On page 2, line 1, strike ``subsections (a) and (b)'' and
insert ``subsection (a)''.
On page 3, line 21, insert closing quotation marks and a
semicolon after the period.
On page 3, strike lines 22 and 23 and insert the following:
(2) in subsection (b), by striking paragraphs (1) and
(2) and inserting the following:
On page 4, line 20, strike ``(2)'' and insert ``(3)''.
Purpose
The purpose of S. 1245 is to improve energy performance in
Federal buildings.
Background and Need
Since the 1973 oil embargo and every subsequent energy
crisis, studies have shown that the U.S. could save energy and
money by investing in energy efficiency measures. Today,
efficient energy use and the deployment of more efficient
technologies are critical to U.S. economic competitiveness and
job creation. In addition, efficient energy use reduces
pollution that would be associated with energy production.
Nevertheless, many existing energy efficiency technologies
and programs have yet to be installed or implemented. The
National Academies' 2010 study, Real Prospects for Energy
Efficiency in the United States, regarding the potential for
energy efficiency in commercial and residential buildings,
transportation, and manufacturing, found that energy efficiency
could more than offset the Energy Information Administration's
(EIA's) projected increase in U.S. energy consumption through
2030.
Forty percent of the nation's energy is consumed in
buildings. The U.S. industrial sector consumes more energy than
any other sector of the economy and the Federal Government is
the largest single energy consumer in the U.S. This legislation
will positively impact the energy use footprint of Federal
buildings by encouraging the use of energy management systems,
requiring Federal buildings to meet state or local energy codes
when stronger, and applying a standard of 30 percent better
than code for major renovations. The legislation also repeals
the Federal building energy efficiency performance standards
contained in section 305(a)(3)(D) of the Energy Conservation
and Production Act (ECPA, Public Law 94-385).
Legislative History
S. 1245 was introduced by Senators Hoeven and Manchin on
April 30, 2019.
Companion legislation, H.R. 2664, was introduced in the
House of Representatives by Representatives Carter and Veasey
on May 10, 2019, and referred to the Committee on Energy and
Commerce and the Committee on Transportation and
Infrastructure.
In the 115th Congress, Senators Hoeven and Manchin
introduced similar legislation, S. 3295, on July 26, 2018.
Parts of the measure were included as sections 1114, 1115, and
1116 in S. 1460, the Energy and Natural Resources Act of 2017
(Cal. 162).
Companion legislation, H.R. 6584, was introduced in the
House of Representatives by Representatives Carter and Green on
July 26, 2018, and referred to the Committee on Energy and
Commerce and the Committee on Transportation and
Infrastructure.
In the 114th Congress, Senators Hoeven, Manchin, and
Donnelly introduced similar legislation, S. 869, on March 26,
2015. The Committee on Energy and Natural Resources held a
hearing on S. 869 on April 30, 2015 (S. Hrg. 114 166). Parts of
the measure were included as sections 1015, 1016, 1017, and
1018 in S. 2012, the Energy Policy Modernization Act of 2016,
which the Senate passed, as amended, on April 20, 2016.
Identical language was also included as sections 431 and
432 in S. 720, the Energy Savings and Industrial
Competitiveness Act of 2015, introduced by Senators Portman,
Shaheen, Ayotte, Bennet, Cantwell, Collins, Coons, Franken,
Hoeven, Manchin, Murkowski, Warner, and Wicker on March 11,
2015. Senators Heller and Heitkamp were added as cosponsors.
The Committee on Energy and Natural Resources held a hearing on
S. 720 on April 30, 2015 (S. Hrg. 114 166), and met in open
business session on July 30, 2015, and ordered S. 720 favorably
reported, as amended.
In the 113th Congress, Senators Hoeven and Manchin
introduced similar legislation, S. 1199, on June 20, 2013.
Senator Heitkamp was added as a cosponsor on June 25, 2013. The
Subcommittee on Energy held a hearing on S. 1199 on June 25,
2013 (S. Hrg. 113 70).
The Committee on Energy and Natural Resources met in open
business session on July 16, 2019, and ordered S. 1245
favorably reported, as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 16, 2019, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
1245, if amended as described herein. Senator Lee asked to be
recorded as voting no.
Committee Amendments
During its consideration of S. 1245, the Committee adopted
amendments to make technical corrections.
Section-by-Section Analysis
Section. 1. Short title
Section 1 sets forth the short title of the bill.
Sec. 2. Energy performance requirement for Federal buildings
Section 2 amends Section 543 of the National Energy
Conservation Policy Act (Public Law 95 619) by extending the
current annual performance requirements for Federal buildings
of a 2.5 percent reduction in energy use through 2027 and
incrementally increasing the requirement to 20 percent by 2027.
Buildings in which energy intensive activities are carried out
may be excluded from this requirement. This section also
directs the Secretary of Energy (Secretary) to review the
implementation results of the energy performance requirements,
and submit a report to Congress by December 31, 2026, with
recommendations on such requirements for fiscal years 2028
through 2037. This section further requires Federal agencies to
begin installing energy and water conservation measures deemed
to be life-cycle cost-effective by October 1, 2019. If an
agency fails to meet this deadline, it must submit an
explanatory report to the Secretary. The Secretary is required
to submit a report to Congress no later than October 1, 2021,
and every two years thereafter, describing any noncompliance
from agencies. Section 2 also requires each Federal energy
manager to complete a comprehensive energy and water evaluation
for approximately 25 percent of their facilities each year.
Facilities that meet certain criteria receive an exception from
the comprehensive energy and water evaluation requirement.
Finally, within two years of each evaluation, facility energy
managers are required to implement any energy or water-savings
measures that are deemed life-cycle cost effective.
Sec. 3. Federal building energy efficiency performance standards;
certification system and level for green buildings
Section 3(a) amends section 303 of ECPA to define the term
``major renovation.''
Subsection (b) amends section 305(a)(2)(A) of ECPA to
require that Federal buildings be held to the most recently
published standards of the International Energy Conservation
Code and/or ASHRAE Standard 90.1 2004.
Subsection (c) amends section 305(a)(3) of ECPA to require
the Secretary to establish more stringent revised Federal
building energy efficiency performance standards for new
Federal buildings and Federal buildings with major renovations
unless demonstrated not to be lifecycle cost-effective. If
deemed lifecycle cost-effective, new Federal buildings and
major renovations must be designed to achieve energy
consumption levels at least 30 percent below industry
standards; use sustainable design principles; use water
conservation technologies; and provide not less than 30 percent
of hot water demand from solar hot water heaters. The
subsection also removes the requirement that Federal buildings
phase-out fossil fuel use by 2030.
Subsection (d) amends section 306 of ECPA by expanding the
scope of building energy conservation standards for new Federal
buildings to include major renovations.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1245. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1245, as ordered reported.
Congressionally Directed Spending
S. 1245, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The Committee did not request executive views for S. 1245.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the changes in existing law made
by the original bill, as reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
NATIONAL ENERGY CONSERVATION POLICY ACT OF 1978
Public Law 95-619, as Amended
* * * * * * *
TITLE V--FEDERAL ENERGY INITIATIVE
* * * * * * *
PART 3--FEDERAL ENERGY MANAGEMENT
* * * * * * *
SECTION 543. ENERGY MANAGEMENT REQUIREMENTS.
[(a) Energy Performance Requirement for Federal
Buildings.--(1) 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
2015 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:
Fiscal Year Percentage Reduction
2006...................................................... 2
2007...................................................... 4
2008...................................................... 9
2009...................................................... 12
2010...................................................... 15
2011...................................................... 18
2012...................................................... 21
2013...................................................... 24
2014...................................................... 27
2015...................................................... 30
[(2) An agency may exclude from the requirements of
paragraph (1) any building, and the associated energy
consumption and gross square footage, in which energy
intensive activities are carried out. Each agency shall
identify and list in each report made under section
548(a) the buildings designated by it for such
exclusion.
[(3) Not later than December 31, 2014, the Secretary
shall review the results of the implementation of the
energy performance requirement established under
paragraph (1) and submit to Congress recommendations
concerning energy performance requirements for fiscal
years 2016 through 2025.]
(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:
Fiscal Year Percentage Reduction
2020...................................................... 2.5
2021...................................................... 5
2022...................................................... 7.5
2023...................................................... 10
2024...................................................... 12.5
2025...................................................... 15
2026...................................................... 17.5
2027...................................................... 24
(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.
(b) Energy Management Requirement for Federal Agencies.--
[(1) Not later than January 1, 2005, each agency shall, to the
maximum extent practicable, install in Federal buildings owned
by the UnitedStates all energy and water conservation measures
with payback periods of less than 10 years, as determined by
using the methods and procedures developed pursuant to section
544.
[(2) The Secretary may waive the requirements of this
subsection for any agency for such periods as the
Secretary may determine if the Secretary finds that the
agency is taking all practicable steps to meet the
requirements and that the requirements of this
subsection will pose an unacceptable burden upon the
agency. If the Secretary waives the requirements of
this subsection, the Secretary shall, as part of the
report required under section 548(b), notify the
Congress in writing with an explanation and a
justification of the reasons for such waiver.]
(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).
(3) This subsection shall not apply to an agency's
facilities that generate or transmit electric energy or
to the uranium enrichment facilities operated by the
Department of Energy.
(4) An agency may participate in the Environmental
Protection Agency's ``Green Lights'' program for
purposes of receiving technical assistance in complying
with the requirements of this section.
(c) Exclusions.--(1)(A) An agency may exclude, from the
energy performance requirement for a fiscal year established
under subsection (a) of this section and the energy management
requirement established under subsection (b) of this section,
any Federal building or collection of Federal buildings, if the
head of the agency finds that--
(i) compliance with those requirements would be
impracticable;
(ii) the agency has completed and submitted all
federally required energy management reports;
(iii) the agency has achieved compliance with the
energy efficiency requirements of this chapter, the
Energy Policy Act of 1992, Executive orders, and other
Federal law; and
(iv) the agency has implemented all practicable, life
cycle cost-effective projects with respect to the
Federal building or collection of Federal buildings to
be excluded.
(B) A finding of impracticability under subparagraph (A)(i)
shall be based on--
(i) the energy intensiveness of activities carried
out in the Federal building or collection of Federal
buildings; or
(ii) the fact that the Federal building or collection
of Federal buildings is used in the performance of a
national security function.
(2) Each agency shall identify and list, in each report
made under section 548(a), the Federal buildings designated by
it for such exclusion. The Secretary shall review such findings
for consistency with the standards for exclusion set forth in
paragraph (1), and may within 90 days after receipt of the
findings, reverse the exclusion. In the case of any such
reversal, the agency shall comply with the requirements of
subsections (a) and (b)(1) of this section for the building
concerned.
(3) Not later than 180 days after the date of enactment of
this paragraph, the Secretary shall issue guidelines that
establish criteria for exclusions under paragraph (1).
* * * * * * *
(f) Use of Energy and Water Efficiency Measures in Federal
Buildings.--
(1) Definitions.--In this subsection:
(A) Commissioning.--The term
``commissioning'', with respect to a facility,
means a systematic process--
(i) of ensuring, using appropriate
verification and documentation, during
the period beginning on the initial day
of the design phase of the facility and
ending not earlier than 1 year after
the date of completion of construction
of the facility, that all facility
systems perform interactively in
accordance with--
(I) the design documentation
and intent of the facility; and
(II) the operational needs of
the owner of the facility,
including preparation of
operation personnel; and
(ii) the primary goal of which is to
ensure fully functional systems that
can be properly operated and maintained
during the useful life of the facility.
(B) Energy manager.--
(i) In general.--The term ``energy
manager'', with respect to a facility,
means the individual who is responsible
for--
(I) ensuring compliance with
this subsection by the
facility; and
(II) reducing energy use at
the facility.
(ii) Inclusions.--The term ``energy
manager'' may include--
(I) a contractor of a
facility;
(II) a part-time employee of
a facility; and
(III) an individual who is
responsible for multiple
facilities.
(C) Facility.--
(i) In general.--The term
``facility'' means any building,
installation, structure, or other
property (including any applicable
fixtures) owned or operated by, or
constructed or manufactured and leased
to, the Federal Government.
(ii) Inclusions.--The term
``facility'' includes--
(I) a group of facilities at
a single location or multiple
locations managed as an
integrated operation; and
(II) contractor-operated
facilities owned by the Federal
Government.
(iii) Exclusions.--The term
``facility'' does not include any land
or site for which the cost of utilities
is not paid by the Federal Government.
(D) Life cycle cost effective.--The term
``life cycle cost-effective'', with respect to
a measure, means a measure, the estimated
savings of which exceed the estimated costs
over the lifespan of the measure, as determined
in accordance with section 544.
(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.
[(E)] (F) Payback period.--
(i) In general.--Subject to clause
(ii), the term ``payback period'',
with respect to a measure, means a
value equal to the quotient obtained by
dividing--
(I) the estimated initial
implementation cost of the
measure (other than financing
costs); by
(II) the annual cost savings
resulting from the measure,
including--
(aa) net savings in
estimated energy and
water costs; and
(bb) operations,
maintenance, repair,
replacement, and other
direct costs.
(ii) Modifications and exceptions.--
The Secretary, in guidelines issued
pursuant to paragraph (6), may make
such modifications and provide such
exceptions to the calculation of the
payback period of a measure as the
Secretary determines to be appropriate
to achieve the purposes of this
chapter.
[(F)](G) Recommissioning.--The term
``recommissioning'' means a process--
(i) of commissioning a facility or
system beyond the project development
and warranty phases of the facility or
system; and
(ii) the primary goal of which is to
ensure optimum performance of a
facility, in accordance with design or
current operating needs, over the
useful life of the facility, while
meeting building occupancy
requirements.
[(G)] (H) Retrcommissioning.--The term
``retrocommissioning'' means a process of
commissioning a facility or system that was not
commissioned at the time of construction of the
facility or system.
(2) Facility energy managers.--
(A) In general.--Each Federal agency shall
designate an energy manager responsible for
implementing this subsection and reducing
energy use at each facility that meets criteria
under subparagraph (B).
(B) Covered facilities.--The Secretary shall
develop criteria, after consultation with
affected agencies, energy efficiency advocates,
and energy and utility service providers, that
cover, at a minimum, Federal facilities,
including central utility plants and
distribution systems and other energy intensive
operations, that constitute at least 75 percent
of facility energy use at each agency.
(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''.
[(3) Energy and water evaluations.--
[(A) Evaluations.--Effective beginning on the
date that is 180 days after the date of
enactment of this subsection and annually
thereafter, energy managers shall complete, for
each calendar year, a comprehensive energy and
water evaluation 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 such
facility is completed at least once every 4
years.
[(B) Recommissioning and
retrocommissioning.--As part of the evaluation
under subparagraph (A), the energy manager
shall identify and assess recommissioning
measures (or, if the facility has never been
commissioned, retrocommissioning measures) for
each such facility.
[(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 may--
[(A) 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
[(B) bundle individual measures of varying
paybacks together into combined projects.]
(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.
(5) Follow up on implemented measures.--For each
measure implemented under paragraph (4), each energy
manager shall ensure that--
(A) equipment, including building and
equipment controls, is fully commissioned at
acceptance to be operating at design
specifications;
(B) a plan for appropriate operations,
maintenance, and repair of the equipment is in
place at acceptance and is followed;
(C) equipment and system performance is
measured during its entire life to ensure
proper operations, maintenance, and repair; and
(D) energy and water savings are measured and
verified.
* * * * * * *
ENERGY CONSERVATION AND PRODUCTION ACT
Public Law 94-385
* * * * * * *
TITLE III--ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS
* * * * * * *
SEC. 303. DEFINITIONS.
As used in this:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Energy Administration;
except that after such Administration ceases to exist,
such term means any officer of the United States
designated by the President for purposes of this title.
[(16)] (2) ASHRAE.--The term ``ASHRAE'' means the
American Society of Heating, Refrigerating, and Air-
Conditioning Engineers.
[(2)] (3) Building.--The term ``building'' means any
structure to be constructed which includes provision
for a heating or cooling system, or both, or for a hot
water system.
[(3)] (4) Building code.--The term ``building code''
means a legal instrument which is in effect in a State
or unit of general purpose local government, the
provisions of which must be adhered to if a building is
to be considered to be in conformance with law and
suitable for occupancy and use.
[(15)] (5) CABO.--The term ``CABO'' means the Council
of American Building Officials.
[(4)] (6) Commercial building.--The term ``commercial
building'' means any building other than a residential
building, including any building developed for
industrial or public purposes.
[(5)] (7) Federal agency.--The term ``Federal
agency'' means any department, agency, corporation, or
other entity or instrumentality of the executive branch
of the Federal Government, including the United States
Postal Service, the Federal National Mortgage
Association, and the Federal Home Loan Mortgage
Corporation.
[(6)] (8) Federal building.--The term ``Federal
building'' means any building to be constructed by, or
for the use of, any Federal agency. Such term shall
include buildings built for the purpose of being leased
by a Federal agency, and privatized military housing.
[(13)] (9) Federal building energy standards.--The
term ``Federal building energy standards''' means
energy consumption objectives to be met without
specification of the methods, materials, or equipment
to be employed in achieving those objectives, but
including statements of the requirements, criteria, and
evaluation methods to be used, and any necessary
commentary.
[(7)] (10) Federal financial assistance.--The term
``Federal financial assistance'' means (A) any form of
loan, grant, guarantee, insurance, payment, rebate,
subsidy, or any other form of direct or indirect
Federal assistance (other than general or special
revenue sharing or formula grants made to States)
approved by any Federal officer or agency; or (B) any
loan made or purchased by any bank, savings and loan
association, or similar institution subject to
regulation by the Board of Governors of the Federal
Reserve System, the Federal Deposit Insurance
Corporation, the Comptroller of the Currency, the
Federal Home Loan Bank Board, the Federal Savings and
Loan Insurance Corporation, or the National Credit
Union Administration.
(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.
[(8)] (12) National institute of building sciences.--
The term ``National Institute of Building Sciences''
means the institute established by section 1701j-2 of
title 12.
[(9)] (13) Residential building.--The term
``residential building'' means any structure which is
constructed and developed for residential occupancy.
[(10)] (14) Secretary.--The term ``Secretary'' means
the Secretary of Energy.
[(11)] (15) State.--The term ``State'' includes each
of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory and
possession of the United States.
[(12)] (16) Unit of general purpose local
government.--The term ``unit of general purpose local
government'' means any city, county, town,
municipality, or other political subdivision of a State
(or any combination thereof), which has a building code
or similar authority over a particular geographic area.
[(14)] (17) Voluntary building energy code.--The term
``voluntary building energy code'' means a building
energy code developed and updated through a consensus
process among interested persons, such as that used by
the Council of American Building Officials; the
American Society of Heating, Refrigerating, and Air-
Conditioning Engineers; or other appropriate
organizations.
* * * * * * *
SECTION 305. FEDERAL BUILDING ENERGY EFFICIENCY STANDARDS
(a)(1) In general.--Not later than 2 years after October
24, 1992, the Secretary, after consulting with appropriate
Federal agencies, CABO, ASHRAE, the National Association of
Home Builders, the Illuminating Engineering Society, the
American Institute of Architects, the National Conference of
the States on Building Codes and Standards, and other
appropriate persons, shall establish, by rule, Federal building
energy standards that require in new Federal buildings those
energy efficiency measures that are technologically feasible
and economically justified. Such standards shall become
effective no later than 1 year after such rule is issued.
(2) The standards established under paragraph (1) shall--
(A) contain energy saving and renewable energy
specifications that meet or exceed the energy saving
and renewable energy specifications of [the 2004
International Energy Conservation Code (in the case of
residential buildings) or ASHRAE Standard 90.1--2004
(in the case of commercial buildings)] 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;
(B) to the extent practicable, use the same format as
the appropriate voluntary building energy code; and
(C) consider, in consultation with the Environmental
Protection Agency and other Federal agencies, and where
appropriate contain, measures with regard to radon and
other indoor air pollutants.
[(3)(A) Not later than 1 year after the date of enactment
of this paragraph, the Secretary shall establish, by rule,
revised Federal building energy efficiency performance
standards that require that--
[(i) if life-cycle cost-effective for new Federal
buildings--
[(I) 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 in effect as of the date
of enactment of this paragraph; and
[(II) sustainable design principles are
applied to the siting, design, and construction
of all new and replacement 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 lifecycle 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.
[(B) 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, based on
the cost-effectiveness of the requirements under the
amendment, whether the revised standards established
under this paragraph should be updated to reflect the
amendment.]
(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.
[(C) In the budget request] (C) Budget request.--In
the budget request of the Federal agency for each
fiscal year and each report submitted by the Federal
agency under section 548(a) of the National Energy
Conservation Policy Act (42 U.S.C. 8258(a)), the head
of each Federal agency shall include--
(i) a list of all new Federal buildings
owned, operated, or controlled by the Federal
agency; and
(ii) a statement specifying whether the
Federal buildings meet or exceed the revised
standards established under this paragraph.
(D) Not later than 1 year after the date of enactment
of the Energy Independence and Security Act of 2007,
the Secretary shall establish, by rule, revised Federal
building energy efficiency performance standards [that
require that] that require the following:
(i) For new Federal buildings and Federal
buildings undergoing major renovations, with
respect to which the Administrator of General
Services is required to transmit a prospectus
to Congress under section 3307 of title 40, in
the case of public buildings (as defined in
section 3301 of title 40), or of at least
$2,500,000 in costs adjusted [annually for
inflation for other buildings:
(I) The buildings shall be designed
so that the fossil fuel-generated
energy consumption of the buildings is
reduced, as compared with such energy
consumption by a similar building in
fiscal year 2003 (as measured by
Commercial Buildings Energy Consumption
Survey or Residential Energy
Consumption Survey data from the Energy
Information Agency), by the percentage
specified in the following table:
[Fiscal Year Percentage Reduction
2010...................................................... 55
2015...................................................... 65
2020...................................................... 80
2025...................................................... 90
2030...................................................... 100.]
[(II) Upon petition by an agency
subject to this subparagraph, the
Secretary may adjust the applicable
numeric requirement under subclause (I)
downward with respect to a specific
building, if the head of the agency
designing the building certifies in
writing that meeting such requirement
would be technically impracticable in
light of the agency's specified
functional needs for that building and
the Secretary concurs with the agency's
conclusion. This subclause shall not
apply to the General Services
Administration.
[(III) Sustainable design principles]
annually for inflation for other
buildings, sustainable design
principles shall be applied to the
siting, design, and construction of
such buildings. Not later than 90 days
after the date of enactment of the
Energy Independence and Security Act of
2007, the Secretary, after reviewing
the findings of the Federal Director
under section 436(h) of that Act, in
consultation with the Administrator of
General Services, and in consultation
with the Secretary of Defense for
considerations relating to those
facilities under the custody and
control of the Department of
Defense,shall identify a certification
system and level for green buildings
that the Secretary determines to be the
most likely to encourage a
comprehensive and environmentally-sound
approach to certification of green
buildings. The identification of the
certification system and level shall be
based on a review of the Federal
Director's findings under section
17092(h) of this title and the criteria
specified in clause (iii), shall
identify the highest level the
Secretary determines is appropriate
above the minimum level required for
certification under the system
selected, and shall achieve results at
least comparable to the system used by
and highest level referenced by the
General Services Administration as of
the date of enactment of the Energy
Independence and Security Act of 2007.
Within 90 days of the completion of
each study required by clause (iv), the
Secretary, in consultation with the
Administrator of General Services, and
in consultation with the Secretary of
Defense for considerations relating to
those facilities under the custody and
control of the Department of Defense,
shall review and update the
certification system and level, taking
into account the conclusions of such
study.
(ii) In establishing criteria for identifying
major renovations that are subject to the
requirements of this subparagraph, the
Secretary shall take into account the scope,
degree, and types of renovations that are
likely to provide significant opportunities for
substantial improvements in energy efficiency.
(iii) In identifying the green building
certification system and level, 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.
(iv) At least once every 5 years, and in
accordance with section 17092 of this title,
the Administrator of General Services shall
conduct a study to evaluate and compare
available third-party green building
certification systems and levels, taking into
account the criteria listed in clause (iii).
(v) The Secretary may by rule allow Federal
agencies to develop internal certification
processes, using certified professionals, in
lieu of certification by the certification
entity identified under [clause (i)(III)]
clause (i). The Secretary shall include in any
such rule guidelines to ensure that the
certification process results in buildings
meeting the applicable certification system and
level identified under [clause (i)(III)] clause
(i). An agency employing an internal
certification process must continue to obtain
external certification by the certification
entity identified under [clause (i)(III)]
clause (i) for at least 5 percent of the total
number of buildings certified annually by the
agency.
(vi) With respect to privatized military
housing, the Secretary of Defense, after
consultation with the Secretary may, through
rulemaking, 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 green building performance]
sustainable design and green building
performance.
(vii) 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.
* * * * * * *
SECTION 306. FEDERAL COMPLIANCE.
(a) Procedures.--[(1) The head] (1) In general.--The head
of each Federal agency shall adopt procedures necessary to
[assure that new Federal buildings] ensure that new Federal
buildings and Federal buildings with major renovations meet or
exceed the Federal building energy standards established under
section 305.
[(2) The Federal] (2) Applicability.--
(A) In general.--The Federal building energy
standards established under section 6834 of this title
shall apply to new buildings and Federal buildings with
major renovations under the jurisdiction of the
Architect of the Capitol. [The Architect shall adopt
procedures necessary to assure that such buildings meet
or exceed such standards].
(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.
[(b) Construction of New Buildings.--The head of a Federal
agency may expend Federal funds for the construction of a new
Federal building] (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
only if the building meets or exceeds the appropriate Federal
building energy standards established under section 305.
* * * * * * *
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