IN THE SENATE OF THE UNITED STATES
May 22, 2013
Mr. Hoeven (for himself and Mr. Manchin) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
To improve energy performance in Federal buildings, and for other purposes.
This Act may be cited as
All-Of-The-Above Federal Building
Energy Conservation Act of 2013
Energy performance requirement for Federal buildings
Section 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(a) ) is amended—
by striking subsection (a) and inserting the following:
Energy performance requirement for Federal buildings
Subject to paragraph (2), each agency shall apply energy conservation measures to, and shall improve the design for the construction of, the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per gross square foot of the Federal buildings of the agency in fiscal years 2006 through 2020 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in fiscal year 2003, by the percentage specified in the following table:
Exclusion for buildings with energy intensive activities
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.
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).
Not later than December 31, 2016, the Secretary shall review the results of the implementation of the energy performance requirements established under paragraph (1).
Subsequent fiscal years
The Secretary may amend or set energy performance requirements for Federal buildings for each of fiscal years 2018 through 2025 by a rule that—
includes cost-benefit analysis and an opportunity for public comment;
establishes levels that are technically feasible and economically justifiable; and
considers any energy- and water-saving measures identified in evaluations conducted under subsection (f)(3).
in subsection (f)—
in paragraph (1)—
by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively; and
by inserting after subparagraph (D) the following:
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.
in paragraph (2), by adding at the end the following:
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
by striking paragraphs (3) and (4) and inserting the following:
Energy and water evaluations and commissioning
Except as provided in subparagraph (B), effective beginning on the date that is 180 days after the date of enactment of the All-Of-The-Above Federal Building Energy Conservation Act of 2013, and annually thereafter, each energy manager shall complete, for each calendar year, a comprehensive energy and water evaluation and recommissioning or retrocommissioning for approximately 25 percent of the facilities of each agency that meet the criteria under paragraph (2)(B) in a manner that ensures that an evaluation of each facility is completed at least once every 4 years.
An evaluation and recommissioning shall not be required under subparagraph (A) with respect to a facility that—
has had a comprehensive energy and water evaluation during the 8-year period preceding the date of the evaluation;
has been commissioned, recommissioned, or retrocommissioned during the 10-year period preceding the date of the evaluation; or
is under ongoing commissioning;
has not had a major change in function or use since the previous evaluation and commissioning;
has been benchmarked with public disclosure under paragraph (8) within the year preceding the evaluation; and
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—
the date of the most recent evaluation; or
of the most recent commissioning, recommissioning, or retrocommissioning; or
on which ongoing commissioning began; or
has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause (I).
Implementation of identified energy and water efficiency measures
Not later than 2 years after the date of completion of each evaluation under paragraph (3), each energy manager may—
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
bundle individual measures of varying paybacks together into combined projects.
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.
in paragraph (7)(C), by adding at the end the following:
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.
Federal building energy efficiency performance standards; certification system and level for green buildings
Section 303 of the Energy Conservation and Production Act (42 U.S.C. 6832) is amended—
in paragraph (6),
to be constructed and inserting
or altered; and
by adding at the end the following:
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.
Federal Building Efficiency Standards
Section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834) is amended—
in subsection (a)(3)—
(3)(A) Not later than and all that follows through subparagraph
Revised Federal building energy efficiency performance standards; certification for green buildings
Revised federal building energy efficiency performance standards
Not later than 1 year after the date of enactment of the All-Of-The-Above Federal Building Energy Conservation Act of 2013 and after the date of approval of each subsequent revision of ASHRAE Standard 90.1 or the International Energy Conservation Code, as appropriate, the Secretary shall establish, by rule, revised Federal building energy efficiency performance standards that require that—
new Federal buildings and alterations and additions to existing Federal buildings—
meet or exceed the most recent revision of the International Energy Conservation Code (in the case of residential buildings) or ASHRAE Standard 90.1 (in the case of commercial buildings) that the Secretary determines saves energy compared to previous versions of the Code or Standard; and
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;
unless demonstrated not to be life-cycle cost effective for new Federal buildings and Federal buildings with major renovations—
the buildings be designed to achieve energy consumption levels that are at least 30 percent below the levels established in the version of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, that is applied under clause (i); and
sustainable design principles are applied to the siting, design, and construction of all new Federal buildings and replacement Federal buildings;
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
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.
Clause (i)(I) shall not apply to unaltered portions of existing Federal buildings and systems that have been added to or altered.
(C), by striking
(C) In the budget request and inserting the
In the budget request
in subparagraph (D)—
(D) Not later than and all that follows through
the first sentence of subclause (III) and insert the following:
Certification for green buildings
by striking clause (ii);
(iii), by striking
(iii) In identifying and insert the
in clause (iv)—
(iv) At least once and inserting the following:
At least once
clause (iii) and inserting
in clause (v)—
(v) The Secretary may and inserting the following:
Internal certification processes
The Secretary may
clause (i)(III) each place it appears and inserting
clause (i) ;
in clause (vi)—
(vi) With respect and inserting the following:
Privatized military housing
develop alternative criteria to those established by subclauses (I) and
(III) of clause (i) that achieve an equivalent result in terms of energy
savings, sustainable design, and and inserting
alternative certification systems and levels than the systems and levels
identified under clause (i) that achieve an equivalent result in terms
(vii), by striking
(vii) In addition to and inserting the
Water conservation technologies
In addition to
by striking subsections (c) and (d).