All-of-the-Above Federal Building Energy Conservation Act of 2019

II 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 Nat- ural 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘All-of-the-Above Fed- 4 eral Building Energy Conservation Act of 2019’’. 5 VerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1245.RS S1245 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1245 RS SEC. 2. ENERGY PERFORMANCE REQUIREMENT FOR FED- 1 ERAL BUILDINGS. 2 Section 543 of the National Energy Conservation 3 Policy Act (42 U.S.C. 8253) is amended— 4 (1) by striking subsections (a) and (b) sub- 5 section (a) and inserting the following: 6 ‘‘(a) ENERGY PERFORMANCE REQUIREMENT FOR 7 FEDERAL BUILDINGS.— 8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 9 to the maximum extent life cycle cost-effective, each 10 agency shall apply energy conservation measures to, 11 and shall improve the design for the construction of, 12 the Federal buildings of the agency (including each 13 industrial or laboratory facility) so that the energy 14 consumption per gross square foot of the Federal 15 buildings of the agency in fiscal years 2020 through 16 2027 is reduced, as compared with the energy con- 17 sumption per gross square foot of the Federal build- 18 ings of the agency in fiscal year 2018, by the per- 19 centage specified in the following table: 20 ‘‘Fiscal Year Percentage Reduction 2020 ................................................................................... 2.5 2021 ................................................................................... 5 2022 ................................................................................... 7.5 2023 ................................................................................... 10 VerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1245.RS S1245 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1245 RS ‘‘Fiscal Year Percentage Reduction 2024 ................................................................................... 12.5 2025 ................................................................................... 15 2026 ................................................................................... 17.5 2027 ................................................................................... 20. ‘‘(2) EXCLUSION FOR BUILDINGS WITH ENERGY 1 INTENSIVE ACTIVITIES.— 2 ‘‘(A) IN GENERAL.—An agency may ex- 3 clude from the requirements of paragraph (1) 4 any building (including the associated energy 5 consumption and gross square footage of the 6 building) in which energy intensive activities are 7 carried out. 8 ‘‘(B) REPORTS.—Each agency shall iden- 9 tify and include in each report under section 10 548(a) each building designated by the agency 11 for exclusion under subparagraph (A) during 12 the period covered by the report. 13 ‘‘(3) RECOMMENDATIONS.—Not later than De- 14 cember 31, 2026, the Secretary shall— 15 ‘‘(A) review the results of the implementa- 16 tion of the energy performance requirement es- 17 tablished under paragraph (1); and 18 VerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1245.RS S1245 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1245 RS ‘‘(B) submit to Congress recommendations 1 concerning energy performance requirements 2 for fiscal years 2028 through 2037.’’; 3 (2) in subsection (b), by striking paragraphs (1) 4 and (2) and inserting the following: 5 ‘‘(b) ENERGY MANAGEMENT REQUIREMENT FOR 6 FEDERAL AGENCIES.— 7 ‘‘(1) IN GENERAL.—Each agency shall— 8 ‘‘(A) not later than October 1, 2019, begin 9 installing in Federal buildings owned by the 10 United States all energy and water conservation 11 measures determined by the Secretary to be 12 life-cycle cost-effective; and 13 ‘‘(B) complete the installation described in 14 subparagraph (A) as soon as practicable after 15 the date referred to in that subparagraph. 16 ‘‘(2) EXPLANATION OF NONCOMPLIANCE.— 17 ‘‘(A) IN GENERAL.—If an agency fails to 18 comply with paragraph (1), the agency shall 19 submit to the Secretary, using guidelines devel- 20 oped by the Secretary, an explanation of the 21 reasons for the failure. 22 ‘‘(B) REPORT TO CONGRESS.—Not later 23 than October 1, 2021, and every 2 years there- 24 after, the Secretary shall submit to Congress a 25 VerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1245.RS S1245 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1245 RS report describing any noncompliance with the 1 requirements of paragraph (1).’’; and 2 (2)(3) in subsection (f)— 3 (A) in paragraph (1)— 4 (i) by redesignating subparagraphs 5 (E), (F), and (G) as subparagraphs (F), 6 (G), and (H), respectively; and 7 (ii) by inserting after subparagraph 8 (D) the following: 9 ‘‘(E) ONGOING COMMISSIONING.—The 10 term ‘ongoing commissioning’ means an ongo- 11 ing process of commissioning using monitored 12 data, the primary goal of which is to ensure 13 continuous optimum performance of a facility, 14 in accordance with design or operating needs, 15 over the useful life of the facility, while meeting 16 facility occupancy requirements.’’; 17 (B) in paragraph (2), by adding at the end 18 the following: 19 ‘‘(C) ENERGY MANAGEMENT SYSTEM.—An 20 energy manager designated for a facility under 21 subparagraph (A) shall take into consider- 22 ation— 23 ‘‘(i) the use of a system to manage 24 energy use at the facility; and 25 VerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1245.RS S1245 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1245 RS ‘‘(ii) the applicability of certification 1 of the facility in accordance with the Inter- 2 national Organization for Standardization 3 standard numbered 50001 and entitled 4 ‘Energy Management Systems’.’’; and 5 (C) by striking paragraphs (3) and (4) and 6 inserting the following: 7 ‘‘(3) ENERGY AND WATER EVALUATIONS AND 8 COMMISSIONING.— 9 ‘‘(A) EVALUATIONS.—Except as provided 10 in subparagraph (B), not later than the date 11 that is 180 days after the date of enactment of 12 the All-of-the-Above Federal Building Energy 13 Conservation Act of 2019, and annually there- 14 after, each energy manager shall complete, for 15 the preceding calendar year, a comprehensive 16 energy and water evaluation and recommis- 17 sioning or retrocommissioning for approxi- 18 mately 25 percent of the facilities of the appli- 19 cable agency that meet the criteria under para- 20 graph (2)(B) in a manner that ensures that an 21 evaluation of each such facility is completed not 22 less frequently than once every 4 years. 23 ‘‘(B) EXCEPTIONS.—An evaluation and re- 24 commissioning or retrocommissioning shall not 25 VerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1245.RS S1245 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1245 RS be required under subparagraph (A) with re- 1 spect to a facility that, as of the date on which 2 the evaluation and recommissioning or retro- 3 commissioning would otherwise occur— 4 ‘‘(i) has had a comprehensive energy 5 and water evaluation during the preceding 6 8-year period; 7 ‘‘(ii)(I) has been commissioned, re- 8 commissioned, or retrocommissioned dur- 9 ing the preceding 10-year period; or 10 ‘‘(II) is under ongoing commissioning; 11 ‘‘(iii) has not had a major change in 12 function or use since the previous evalua- 13 tion and recommissioning; 14 ‘‘(iv) has been benchmarked with pub- 15 lic disclosure under paragraph (8) during 16 the preceding calendar year; and 17 ‘‘(v)(I) based on the benchmarking de- 18 scribed in clause (iv), has achieved at a fa- 19 cility level the most-recent cumulative en- 20 ergy savings target under subsection (a), 21 as compared to the earlier of— 22 ‘‘(aa) the date of the most recent 23 evaluation; and 24 ‘‘(bb) the date— 25 VerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1245.RS S1245 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1245 RS ‘‘(AA) of the most recent 1 commissioning, recommissioning, 2 or retrocommissioning; or 3 ‘‘(BB) on which ongoing 4 commissioning began; or 5 ‘‘(II) has a long-term contract in 6 place guaranteeing energy savings at least 7 as great as the energy savings target under 8 subclause (I). 9 ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY 10 AND WATER EFFICIENCY MEASURES.—Not later 11 than 2 years after the completion of each evaluation 12 under paragraph (3), each energy manager shall— 13 ‘‘(A) implement any energy- or water-sav- 14 ing measure that the Federal agency identified 15 in the evaluation conducted that is life cycle 16 cost-effective; and 17 ‘‘(B) bundle individual measures of varying 18 paybacks together into combined projects.’’. 19 SEC. 3. FEDERAL BUILDING ENERGY EFFICIENCY PER- 20 FORMANCE STANDARDS; CERTIFICATION 21 SYSTEM AND LEVEL FOR GREEN BUILDINGS. 22 (a) DEFINITIONS.—Section 303 of the Energy Con- 23 servation and Production Act (42 U.S.C. 6832) is amend- 24 ed— 25 VerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1245.RS S1245 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1245 RS (1) in each of paragraphs (1) through (16), by 1 inserting a paragraph heading, the text of which is 2 comprised of the term defined in that paragraph; 3 (2) by redesignating paragraphs (2) through 4 (16) (as so amended) as paragraphs (3), (4), (6), 5 (7), (8), (10), (12), (13), (14), (15), (16), (9), (17), 6 (5), and (2), respectively, and moving the para- 7 graphs so as to appear in numerical order; and 8 (3) by inserting after paragraph (10) (as so re- 9 designated) the following: 10 ‘‘(11) MAJOR RENOVATION.—The term ‘major 11 renovation’ means a modification of the energy sys- 12 tems of a building that is sufficiently extensive to 13 ensure that the entire building can achieve compli- 14 ance with applicable energy standards for new build- 15 ings, based on such criteria as the Secretary shall 16 establish, by regulation.’’. 17 (b) FEDERAL BUILDING ENERGY EFFICIENCY 18 STANDARDS.—Section 305(a)(2)(A) of the Energy Con- 19 servation and Production Act (42 U.S.C. 6834(a)(2)(A)) 20 is amended by striking ‘‘the 2004 International Energy 21 Conservation Code (in the case of residential buildings) 22 or ASHRAE Standard 90.1–2004 (in the case of commer- 23 cial buildings)’’ and inserting ‘‘the most recently published 24 edition of the International Energy Conservation Code (in 25 VerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1245.RS S1245 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1245 RS the case of residential buildings) or ASHRAE Standard 1 90.1 (in the case of commercial buildings) on the date of 2 enactment of the All-of-the-Above Federal Building En- 3 ergy Conservation Act of 2019’’. 4 (c) REVISED FEDERAL BUILDING EFFICIENCY 5 STANDARDS.—Section 305(a)(3) of the Energy Conserva- 6 tion and Production Act (42 U.S.C. 6834(a)(3)) is amend- 7 ed— 8 (1) by striking ‘‘(3)(A) Not later than’’ and all 9 that follows through subparagraph (B) and inserting 10 the following: 11 ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF- 12 FICIENCY PERFORMANCE STANDARDS; CERTIFI- 13 CATION FOR GREEN BUILDINGS.— 14 ‘‘(A) REVISED FEDERAL BUILDING EN- 15 ERGY EFFICIENCY PERFORMANCE STAND- 16 ARDS.— 17 ‘‘(i) IN GENERAL.—Not later than 1 18 year after the date of enactment of the All- 19 of-the-Above Federal Building Energy 20 Conservation Act of 2019, the Secretary 21 shall establish, by regulation, revised Fed- 22 eral building energy efficiency performance 23 standards that require that— 24 VerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1245.RS S1245 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1245 RS ‘‘(I) unless demonstrated not to 1 be life-cycle cost-effective for new 2 Federal buildings and Federal build- 3 ings with major renovations— 4 ‘‘(aa) the buildings shall be 5 designed to achieve energy con- 6 sumption levels that are not less 7 than 30 percent below the levels 8 established in the most recently 9 published version of the 10 ASHRAE Standard or the Inter- 11 national Energy Conservation 12 Code, as appropriate, on the date 13 of enactment of the All-of-the- 14 Above Federal Building Energy 15 Conservation Act of 2019, unless 16 the Secretary determines, pursu- 17 ant to subparagraph (B), that a 18 subsequent version of such a 19 standard or code shall apply; and 20 ‘‘(bb) sustainable design 21 principles are applied to the loca- 22 tion, siting, design, and construc- 23 tion of all new Federal buildings 24 VerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1245.RS S1245 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 1245 RS and replacement Federal build- 1 ings; 2 ‘‘(II) if water is used to achieve 3 energy efficiency, water conservation 4 technologies shall be applied to the ex- 5 tent that the technologies are life- 6 cycle cost-effective; and 7 ‘‘(III) if life-cycle cost-effective, 8 as compared to other reasonably avail- 9 able technologies, not less than 30 10 percent of the hot water demand for 11 each new Federal building or Federal 12 building undergoing a major renova- 13 tion shall be met through the installa- 14 tion and use of solar hot water heat- 15 ers. 16 ‘‘(B) UPDATES.—Not later than 1 year 17 after the date of approval of each subsequent 18 revision of the ASHRAE Standard or the Inter- 19 national Energy Conservation Code, as appro- 20 priate, the Secretary shall determine whether 21 the revised standards established under sub- 22 paragraph (A) and the Federal building energy 23 standards established under paragraph (1) 24 should be updated to reflect the revisions, based 25 VerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1245.RS S1245 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 1245 RS on the energy savings and life-cycle cost-effec- 1 tiveness of the revisions.’’; 2 (2) in subparagraph (C)— 3 (A) by striking ‘‘(C) In the budget re- 4 quest’’ and ins [Text truncated for display. 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