All-Of-The-Above Federal Building Energy Conservation Act of 2015
Amends the National Energy Conservation Policy Act to extend energy performance requirements for federal buildings in FY2016-FY2017 (from a 33% reduction from 2003 energy consumption level for FY2016 to a 36% reduction for FY2017).
Requires the Department of Energy (DOE) to review the results of the implementation of such requirements by December 31, 2017 (currently, December 31, 2014) and, based on such review, report to Congress on the feasibility of requiring each agency to apply energy conservation measures to, and improve the design for the construction of, agency buildings to achieve a reduction in energy consumption.
Requires designated facility energy managers to consider using a system to manage energy use at their facilities in accordance with the International Organization for Standardization standard numbered 50001 and entitled "Energy Management Systems."
Establishes exemptions from energy and water evaluation requirements.
Amends the Energy Conservation and Production Act to revise the definition of "federal building" to include buildings altered by federal agencies, and to define "major renovation," for purposes of such Act. Requires DOE to establish revised federal building energy efficiency performance standards after the approval of revisions of ASHRAE Standard 90.1 or the International Energy Conservation Code (IECC) to meet or exceed such revisions, including requiring, unless new or renovated federal buildings are demonstrated not to be life-cycle cost effective: (1) such buildings to be designed to achieve energy consumption levels that are at least 30% below the levels established in the ASHRAE Standard or the IECC, and (2) no less than 30% of the hot water demand for each new building or building undergoing a major renovation to be met through the installation and use of solar hot water heaters.
Requires DOE to review federal building energy standards once every five years and upgrade to the standards to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified if DOE determines that significant energy savings would result.
[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.''.
<all>
Introduced in Senate
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 114-166.
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