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

I 116TH CONGRESS 1ST SESSION H. R. 2664 To improve energy performance in Federal buildings, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 10, 2019 Mr. CARTER of Georgia (for himself and Mr. VEASEY) introduced the fol- lowing bill; which was referred to the Committee on Energy and Com- merce, and in addition to the Committee on Transportation and Infra- structure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned 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 SEC. 2. ENERGY PERFORMANCE REQUIREMENT FOR FED- 6 ERAL BUILDINGS. 7 Section 543 of the National Energy Conservation 8 Policy Act (42 U.S.C. 8253) is amended— 9 VerDate Sep 11 2014 23:04 May 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2664.IH H2664 pbinns on DSK79D2C42PROD with BILLS 2 •HR 2664 IH (1) by striking subsections (a) and (b) and in- 1 serting the following: 2 ‘‘(a) ENERGY PERFORMANCE REQUIREMENT FOR 3 FEDERAL BUILDINGS.— 4 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 5 to the maximum extent life cycle cost-effective, each 6 agency shall apply energy conservation measures to, 7 and shall improve the design for the construction of, 8 the Federal buildings of the agency (including each 9 industrial or laboratory facility) so that the energy 10 consumption per gross square foot of the Federal 11 buildings of the agency in fiscal years 2020 through 12 2027 is reduced, as compared with the energy con- 13 sumption per gross square foot of the Federal build- 14 ings of the agency in fiscal year 2018, by the per- 15 centage specified in the following table: 16 ‘‘Fiscal Year Percentage Reduction 2020 .............................................................. 2.5 2021 .............................................................. 5 2022 .............................................................. 7.5 2023 .............................................................. 10 2024 .............................................................. 12.5 2025 .............................................................. 15 2026 .............................................................. 17.5 2027 .............................................................. 20. VerDate Sep 11 2014 23:04 May 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2664.IH H2664 pbinns on DSK79D2C42PROD with BILLS 3 •HR 2664 IH ‘‘(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 ‘‘(B) submit to Congress recommendations 19 concerning energy performance requirements 20 for fiscal years 2028 through 2037. 21 ‘‘(b) ENERGY MANAGEMENT REQUIREMENT FOR 22 FEDERAL AGENCIES.— 23 ‘‘(1) IN GENERAL.—Each agency shall— 24 VerDate Sep 11 2014 23:04 May 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2664.IH H2664 pbinns on DSK79D2C42PROD with BILLS 4 •HR 2664 IH ‘‘(A) not later than October 1, 2019, begin 1 installing in Federal buildings owned by the 2 United States all energy and water conservation 3 measures determined by the Secretary to be 4 life-cycle cost-effective; and 5 ‘‘(B) complete the installation described in 6 subparagraph (A) as soon as practicable after 7 the date referred to in that subparagraph. 8 ‘‘(2) EXPLANATION OF NONCOMPLIANCE.— 9 ‘‘(A) IN GENERAL.—If an agency fails to 10 comply with paragraph (1), the agency shall 11 submit to the Secretary, using guidelines devel- 12 oped by the Secretary, an explanation of the 13 reasons for the failure. 14 ‘‘(B) REPORT TO CONGRESS.—Not later 15 than October 1, 2021, and every 2 years there- 16 after, the Secretary shall submit to Congress a 17 report describing any noncompliance with the 18 requirements of paragraph (1).’’; and 19 (2) in subsection (f)— 20 (A) in paragraph (1)— 21 (i) by redesignating subparagraphs 22 (E), (F), and (G) as subparagraphs (F), 23 (G), and (H), respectively; and 24 VerDate Sep 11 2014 23:04 May 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2664.IH H2664 pbinns on DSK79D2C42PROD with BILLS 5 •HR 2664 IH (ii) by inserting after subparagraph 1 (D) the following: 2 ‘‘(E) ONGOING COMMISSIONING.—The 3 term ‘ongoing commissioning’ means an ongo- 4 ing process of commissioning using monitored 5 data, the primary goal of which is to ensure 6 continuous optimum performance of a facility, 7 in accordance with design or operating needs, 8 over the useful life of the facility, while meeting 9 facility occupancy requirements.’’; 10 (B) in paragraph (2), by adding at the end 11 the following: 12 ‘‘(C) ENERGY MANAGEMENT SYSTEM.—An 13 energy manager designated for a facility under 14 subparagraph (A) shall take into consider- 15 ation— 16 ‘‘(i) the use of a system to manage 17 energy use at the facility; and 18 ‘‘(ii) the applicability of certification 19 of the facility in accordance with the Inter- 20 national Organization for Standardization 21 standard numbered 50001 and entitled 22 ‘Energy Management Systems’.’’; and 23 (C) by striking paragraphs (3) and (4) and 24 inserting the following: 25 VerDate Sep 11 2014 23:04 May 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2664.IH H2664 pbinns on DSK79D2C42PROD with BILLS 6 •HR 2664 IH ‘‘(3) ENERGY AND WATER EVALUATIONS AND 1 COMMISSIONING.— 2 ‘‘(A) EVALUATIONS.—Except as provided 3 in subparagraph (B), not later than the date 4 that is 180 days after the date of enactment of 5 the All-of-the-Above Federal Building Energy 6 Conservation Act of 2019, and annually there- 7 after, each energy manager shall complete, for 8 the preceding calendar year, a comprehensive 9 energy and water evaluation and recommis- 10 sioning or retrocommissioning for approxi- 11 mately 25 percent of the facilities of the appli- 12 cable agency that meet the criteria under para- 13 graph (2)(B) in a manner that ensures that an 14 evaluation of each such facility is completed not 15 less frequently than once every 4 years. 16 ‘‘(B) EXCEPTIONS.—An evaluation and re- 17 commissioning or retrocommissioning shall not 18 be required under subparagraph (A) with re- 19 spect to a facility that, as of the date on which 20 the evaluation and recommissioning or 21 retrocommissioning would otherwise occur— 22 ‘‘(i) has had a comprehensive energy 23 and water evaluation during the preceding 24 8-year period; 25 VerDate Sep 11 2014 23:04 May 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2664.IH H2664 pbinns on DSK79D2C42PROD with BILLS 7 •HR 2664 IH ‘‘(ii)(I) has been commissioned, re- 1 commissioned, or retrocommissioned dur- 2 ing the preceding 10-year period; or 3 ‘‘(II) is under ongoing commissioning; 4 ‘‘(iii) has not had a major change in 5 function or use since the previous evalua- 6 tion and recommissioning; 7 ‘‘(iv) has been benchmarked with pub- 8 lic disclosure under paragraph (8) during 9 the preceding calendar year; and 10 ‘‘(v)(I) based on the benchmarking de- 11 scribed in clause (iv), has achieved at a fa- 12 cility level the most-recent cumulative en- 13 ergy savings target under subsection (a), 14 as compared to the earlier of— 15 ‘‘(aa) the date of the most recent 16 evaluation; and 17 ‘‘(bb) the date— 18 ‘‘(AA) of the most recent 19 commissioning, recommissioning, 20 or retrocommissioning; or 21 ‘‘(BB) on which ongoing 22 commissioning began; or 23 ‘‘(II) has a long-term contract in 24 place guaranteeing energy savings at least 25 VerDate Sep 11 2014 23:04 May 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2664.IH H2664 pbinns on DSK79D2C42PROD with BILLS 8 •HR 2664 IH as great as the energy savings target under 1 subclause (I). 2 ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY 3 AND WATER EFFICIENCY MEASURES.—Not later 4 than 2 years after the completion of each evaluation 5 under paragraph (3), each energy manager shall— 6 ‘‘(A) implement any energy- or water-sav- 7 ing measure that the Federal agency identified 8 in the evaluation conducted that is life cycle 9 cost-effective; and 10 ‘‘(B) bundle individual measures of varying 11 paybacks together into combined projects.’’. 12 SEC. 3. FEDERAL BUILDING ENERGY EFFICIENCY PER- 13 FORMANCE STANDARDS; CERTIFICATION 14 SYSTEM AND LEVEL FOR GREEN BUILDINGS. 15 (a) DEFINITIONS.—Section 303 of the Energy Con- 16 servation and Production Act (42 U.S.C. 6832) is amend- 17 ed— 18 (1) in each of paragraphs (1) through (16), by 19 inserting a paragraph heading, the text of which is 20 comprised of the term defined in that paragraph; 21 (2) by redesignating paragraphs (2) through 22 (16) (as so amended) as paragraphs (3), (4), (6), 23 (7), (8), (10), (12), (13), (14), (15), (16), (9), (17), 24 VerDate Sep 11 2014 23:04 May 20, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2664.IH H2664 pbinns on DSK79D2C42PROD with BILLS 9 •HR 2664 IH (5), and (2), respectively, and moving the para- 1 graphs so as to appear in numerical order; and 2 (3) by inserting after paragraph (10) (as so re- 3 designated) the following: 4 ‘‘(11) MAJOR RENOVATION.—The term ‘major 5 renovation’ means a modification of the energy sys- 6 tems of a building that is sufficiently extensive to 7 ensure that the entire building can achieve compli- 8 ance with applicable energy standards for new build- 9 ings, based on such criteria as the Secretary shall 10 establish, by regulation.’’. 11 (b) FEDERAL BUILDING ENERGY EFFICIENCY 12 STANDARDS.—Section 305(a)(2)(A) of the Energy Con- 13 servation and Production Act (42 U.S.C. 6834(a)(2)(A)) 14 is amended by striking ‘‘the 2004 International Energy 15 Conservation Code (in the case of residential buildings) 16 or ASHRAE Standard 90.1–2004 (in the case of commer- 17 cial buildings)’’ and inserting ‘‘the most recently published 18 edition of the International Energy Conservation Code (in 19 the case of residential buildings) or ASHRAE Standard 20 90.1 (in the case of commercial buildings) on the date of 21 enactment of the All-of-the-Above Federal Building En- 22 ergy Conservation Act of 2019’’. 23 (c) REVISED FEDERAL BUILDING EFFICIENCY 24 STANDARDS.—Section 305(a)(3) of the Energy Conserva- 25 VerDate Sep 11 2014 23:04 May 20, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2664.IH H2664 pbinns on DSK79D2C42PROD with BILLS 10 •HR 2664 IH tion and Production Act (42 U.S.C. 6834(a)(3)) is amend- 1 ed— 2 (1) by striking ‘‘(3)(A) Not later than’’ and all 3 that follows through subparagraph (B) and inserting 4 the following: 5 ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF- 6 FICIENCY PERFORMANCE STANDARDS; CERTIFI- 7 CATION FOR GREEN BUILDINGS.— 8 ‘‘(A) REVISED FEDERAL BUILDING EN- 9 ERGY EFFICIENCY PERFORMANCE STAND- 10 ARDS.— 11 ‘‘(i) IN GENERAL.—Not later than 1 12 year after the date of enactment of the All- 13 of-the-Above Federal Building Energy 14 Conservation Act of 2019, the Secretary 15 shall establish, by regulation, revised Fed- 16 eral building energy efficiency performance 17 standards that require that— 18 ‘‘(I) unless demonstrated not to 19 be life-cycle cost-effective for new 20 Federal buildings and Federal build- 21 ings with major renovations— 22 ‘‘(aa) the buildings shall be 23 designed to achieve energy con- 24 sumption levels that are not less 25 VerDate Sep 11 2014 23:04 May 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2664.IH H2664 pbinns on DSK79D2C42PROD with BILLS 11 •HR 2664 IH than 30 percent below the levels 1 established in the most recently 2 published version of the 3 ASHRAE Standard or the Inter- 4 national Energy Conservation 5 Code, as appropriate, on the date 6 of enactment of the All-of-the- 7 Above Federal Building Energy 8 Conservation Act of 2019, unless 9 the Secretary determines, pursu- 10 ant to subparagraph (B), that a 11 subsequent version of such a 12 standard or code shall apply; and 13 ‘‘(bb) sustainable design 14 principles are applied to the loca- 15 tion, siting, design, and construc- 16 tion of all new Federal buildings 17 and replacement Federal build- 18 ings; 19 ‘‘(II) if water is used to achieve 20 energy efficiency, water conservation 21 technologies shall be applied to the ex- 22 tent that the technologies are life- 23 cycle cost-effective; and 24 VerDate Sep 11 2014 23:04 May 20, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2664.IH H2664 pbinns on DSK79D2C42PROD with BILLS 12 •HR 2664 IH ‘‘(III) if life-cycle cost-effective, 1 as compared to other reasonably avail- 2 able technologies, not less than 30 3 percent of the hot water demand for 4 each new Federal building or Federal 5 building undergoing a major renova- 6 tion shall be met through the installa- 7 tion and use of solar hot water heat- 8 ers. 9 ‘‘(B) UPDATES.—Not later than 1 year 10 after the date of approval of each subsequent 11 revision of the ASHRAE Standard or the Inter- 12 national Energy Conservation Code, as appro- 13 priate, the Secretary shall determine whether 14 the revised standards established under sub- 15 paragraph (A) and the Federal building energy 16 standards established under paragraph (1) 17 should be updated to reflect the revisions, based 18 on the energy savings and life-cycle cost-effec- 19 tiveness of the revisions.’’; 20 (2) in subparagraph (C)— 21 (A) by striking ‘‘(C) In the budget re- 22 quest’’ and inserting the following: 23 ‘‘(C) BUDGET REQUEST.—In the budget 24 request’’; and 25 VerDate Sep 11 2014 23:04 May 20, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2664.IH H2664 pbinns on DSK79D2C42PROD with BILLS 13 •HR 2664 IH (B) by indenting clauses (i) and (ii) appro- 1 priately; and 2 (3) in subparagraph (D)— 3 (A) in the matter preceding clause (i), by 4 striking ‘‘that require that:’’ and inserting 5 ‘‘tha [Text truncated for display. 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