,,ii #aadth ,,congress #ast ,session ,s4 #hfi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bf1 #bjae ,mr4 ,hoeven 7for himself1 ,mr4 ,manchin1 and ,mr4 ,donnelly7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to improve energy performance in ,federal buildings1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,all-of-the-,above ,federal ,building ,energy ,conservation ,act of #bjae4 #b4 ,energy performance requirement for ,federal buildings ,section #edc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,energy performance requirement for ,federal buildings 7#a7 ,requirement ,subject to paragraph 7#b71 each agency shall apply energy conservation measures to1 and shall improve the design for the construction of1 the ,federal buildings of the agency 7including each industrial or laboratory facility7 so that the energy consumption per gross square foot of the ,federal buildings of the agency in fiscal years #bjjf through #bjag is reduced1 as compared with the energy consumption per gross square foot of the ,federal buildings of the agency in fiscal year #bjjc1 by the percentage specified in the following table3 ,percentage ,fiscal ,year ,reduction #bjjf #b #bjjg #d #bjjh #i #bjji #ab #bjaj #ae #bjaa #ah #bjab #ba #bjac #bd #bjad #bg #bjae #cj #bjaf #cc #bjag #cf4 7#b7 ,exclusion for buildings with energy intensive activities 7,a7 ,in general ,an agency may exclude from the requirements of paragraph 7#a7 any building 7including the associated energy consumption and gross square footage7 in which energy intensive activities are carried out4 7,b7 ,reports ,each agency shall identify and list in each report made under section #edh7;a7 the buildings designated by the agency for exclusion under subparagraph 7,a74 7#c7 ,review ,not later than ,december #ca1 #bjag1 the ,secretary shall-- 7,a7 review the results of the implementation of the energy performance requirements established under paragraph 7#a72 and 7,b7 based on the review conducted under subparagraph 7,a71 submit to ,congress a report that addresses the feasibility of requiring each agency to apply energy conservation measures to1 and improve the design for the construction of1 the ,federal buildings of the agency 7including each industrial or laboratory facility7 so that the energy consumption per gross square foot of the ,federal buildings of the agency in each of fiscal years #bjah through #bjcj is reduced1 as compared with the energy consumption per gross square foot of the ,federal buildings of the agency in the prior fiscal year1 by #c percent4 2 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,e71 7,f71 and 7,g7 as subparagraphs 7,f71 7,g71 and 7,h71 respectively2 and 7ii7 by inserting after subparagraph 7,d7 the following3 7,e7 ,ongoing commissioning ,the term ongoing commissioning means an ongoing process of commissioning using monitored data1 the primary goal of which is to ensure continuous optimum performance of a facility1 in accordance with design or operating needs1 over the useful life of the facility1 while meeting facility occupancy requirements4 2 7,b7 in paragraph 7#b71 by adding at the end the following3 7,c7 ,energy management system ,an energy manager designated under subparagraph 7,a7 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 #ejjja and entitled ,energy ,management ,systems4 2 7,c7 by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,energy and water evaluations and commissioning 7,a7 ,evaluations ,except as provided in subparagraph 7,b71 effective beginning on the date that is #ahj days after the date of enactment of the ,all-of-the-,above ,federal ,building ,energy ,conservation ,act of #bjae1 and annually thereafter1 each energy manager shall complete1 for each calendar year1 a comprehensive energy and water evaluation and recommissioning or retrocommissioning for approximately #be percent of the facilities of each agency that meet the criteria under paragraph 7#b77;,b7 in a manner that ensures that an evaluation of each facility is completed at least once every #d years4 7,b7 ,exceptions ,an evaluation and recommissioning shall not be required under subparagraph 7,a7 with respect to a facility that-- 7i7 has had a comprehensive energy and water evaluation during the #h-year period preceding the date of the evaluation2 7ii7 7,i7 has been commissioned1 recommissioned1 or retrocommissioned during the #aj-year period preceding the date of the evaluation2 or 7,,ii7 is under ongoing commissioning2 7iii7 has not had a major change in function or use since the previous evaluation and commissioning2 7iv7 has been benchmarked with public disclosure under paragraph 7#h7 within the year preceding the evaluation2 and 7v7 7,i7 based on the benchmarking1 has achieved at a facility level the most recent cumulative energy savings target under subsection 7a7 compared to the earlier of-- 7aa7 the date of the most recent evaluation2 or 7bb7 the date-- 7,,aa7 of the most recent commissioning1 recommissioning1 or retrocommissioning2 or 7,,bb7 on which ongoing commissioning began2 or 7,,ii7 has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause 7,i74 7#d7 ,implementation of identified energy and water efficiency measures 7,a7 ,in general ,not later than #b years after the date of completion of each evaluation under paragraph 7#c71 each energy manager may-- 7i7 implement any energy- or water-saving measure that the ,federal agency identified in the evaluation conducted under paragraph 7#c7 that is life-cycle cost effective2 and 7ii7 bundle individual measures of varying paybacks together into combined projects4 7,b7 ,measures not implemented ,the energy manager shall1 as part of the certification system under paragraph 7#g71 explain the reasons why any life-cycle cost effective measures were not implemented under subparagraph 7,a7 using guidelines developed by the ,secretary4 2 and 7,d7 in paragraph 7#g77;,c71 by adding at the end the following3 7iii7 ,summary report ,the ,secretary shall make available a report that summarizes the information tracked under subparagraph 7,b77i7 by each agency and1 as applicable1 by each type of measure4 4 #c4 ,federal building energy efficiency performance standards2 certification system and level for green buildings 7a7 ,definitions ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb7 is amended-- 7#a7 in paragraph 7#f71 by striking to be constructed and inserting constructed or altered2 and 7#b7 by adding at the end the following3 7#ag7 ,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 buildings1 based on criteria to be established by the ,secretary through notice and comment rulemaking4 4 7b7 ,federal ,building ,efficiency ,standards ,section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 by striking 7#c77;,a7 ,not later than and all that follows through subparagraph 7,b7 and inserting the following3 7#c7 ,revised ,federal building energy efficiency performance standards2 certification for green buildings 7,a7 ,revised federal building energy efficiency performance standards 7i7 ,in general ,not later than #a year after the date of enactment of the ,all-of-the-,above ,federal ,building ,energy ,conservation ,act of #bjae1 the ,secretary shall establish1 by rule1 revised ,federal building energy efficiency performance standards that require that-- 7,i7 new ,federal buildings and alterations and additions to existing ,federal buildings-- 7aa7 meet or exceed the most recent revision of the ,international ,energy ,conservation ,code 7in the case of residential buildings7 or ,,ashrae ,standard #ij4a 7in the case of commercial buildings7 as of the date of enactment of the ,all-of-the-,above ,federal ,building ,energy ,conservation ,act of #bjae2 and 7bb7 meet or exceed the energy provisions of ,state and local building codes applicable to the building1 if the codes are more stringent than the ,international ,energy ,conservation ,code or ,,ashrae ,standard #ij4a1 as applicable2 7,,ii7 unless demonstrated not to be life-cycle cost effective for new ,federal buildings and ,federal buildings with major renovations-- 7aa7 the buildings be designed to achieve energy consumption levels that are at least #cj percent below the levels established in the version of the ,,ashrae ,standard or the ,international ,energy ,conservation ,code1 as appropriate1 that is applied under subclause 7,i77aa71 including updates under subparagraph 7,b72 and 7bb7 sustainable design principles are applied to the location1 siting1 design1 and construction of all new ,federal buildings and replacement ,federal buildings2 7,,iii7 if water is used to achieve energy efficiency1 water conservation technologies shall be applied to the extent that the technologies are life-cycle cost effective2 and 7,,iv7 if life-cycle cost effective1 as compared to other reasonably available technologies1 not less than #cj 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 heaters4 7ii7 ,limitation ,clause 7i77,i7 shall not apply to unaltered portions of existing ,federal buildings and systems that have been added to or altered4 7,b7 ,updates ,not later than #a year after the date of approval of each subsequent revision of the ,,ashrae ,standard or the ,international ,energy ,conservation ,code1 as appropriate1 the ,secretary shall determine whether the revised standards established under subparagraph 7,a7 should be updated to reflect the revisions1 based on the energy savings and life-cycle cost-effectiveness of the revisions4 2 7,b7 in subparagraph 7,c71 by striking 7,c7 ,in the budget request and inserting the following3 7,c7 ,budget request ,in the budget request 2 and 7,c7 by striking subparagraph 7,d7 and inserting the following3 7,d7 ,certification for green buildings 7i7 ,sustainable design principles ,sustainable design principles shall be applied to the siting1 design1 and construction of buildings covered by this subparagraph4 7ii7 ,selection of certification systems ,the ,secretary1 after reviewing the findings of the ,federal ,director under section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h771 in consultation with the ,administrator of ,general ,services1 and in consultation with the ,secretary of ,defense relating to those facilities under the custody and control of the ,department of ,defense1 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 buildings4 7iii7 ,basis for selection ,the determination of the certification systems under clause 7ii7 shall be based on ongoing review of the findings of the ,federal ,director under section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h77 and the criteria described in clause 7v74 7iv7 ,administration ,in determining certification systems under this subparagraph1 the ,secretary shall-- 7,i7 make a separate determination for all or part of each system2 7,,ii7 confirm that the criteria used to support the selection of building products1 materials1 brands1 and technologies-- 7aa7 are fair and neutral 7meaning that the criteria are based on an objective assessment of relevant technical data72 7bb7 do not prohibit1 disfavor1 or discriminate against selection based on technically inadequate information to inform human or environmental risk2 and 7cc7 are expressed to prefer performance measures whenever performance measures may reasonably be used in lieu of prescriptive measures2 and 7,,iii7 use environmental and health criteria that are based on risk assessment methodology that is generally accepted by the applicable scientific disciplines4 7v7 ,considerations ,in determining the green building certification systems under this subparagraph1 the ,secretary shall take into consideration-- 7,i7 the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph2 7,,ii7 the ability of the applicable certification organization to collect and reflect public comment2 7,,iii7 the ability of the standard to be developed and revised through a consensus-based process2 7,,iv7 an evaluation of the robustness of the criteria for a high-performance green building1 which shall give credit for promoting-- 7aa7 efficient and sustainable use of water1 energy1 and other natural resources2 7bb7 use of renewable energy sources2 7cc7 improved indoor environmental quality through enhanced indoor air quality1 thermal comfort1 acoustics1 day lighting1 pollutant source control1 and use of low-emission materials and building system controls2 and 7dd7 such other criteria as the ,secretary determines to be appropriate2 and 7,v7 national recognition within the building industry4 7vi7 ,review ,the ,secretary1 in consultation with the ,administrator of ,general ,services and the ,secretary of ,defense1 shall conduct an ongoing review to evaluate and compare private sector green building certification systems1 taking into account-- 7,i7 the criteria described in clause 7v72 and 7,,ii7 the identification made by the ,federal ,director under section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h774 7vii7 ,exclusions 7,i7 ,in general ,subject to subclause 7,,ii71 if a certification system fails to meet the review requirements of clause 7v71 the ,secretary shall-- 7aa7 identify the portions of the system1 whether prerequisites1 credits1 points1 or otherwise1 that meet the review criteria of clause 7v72 7bb7 determine the portions of the system that are suitable for use2 and 7cc7 exclude all other portions of the system from identification and use4 7,,ii7 ,entire systems ,the ,secretary shall exclude an entire system from use if an exclusion under subclause 7,i7-- 7aa7 impedes the integrated use of the system2 7bb7 creates disparate review criteria or unequal point access for competing materials2 or 7cc7 increases agency costs of the use4 7viii7 ,internal certification processes ,the ,secretary may by rule allow ,federal agencies to develop internal certification processes1 using certified professionals1 in lieu of certification by certification entities identified under clause 7ii74 7ix7 ,privatized military housing ,with respect to privatized military housing1 the ,secretary of ,defense1 after consultation with the ,secretary may1 through rulemaking1 develop alternative certification systems and levels than the systems and levels identified under clause 7ii7 that achieve an equivalent result in terms of energy savings1 sustainable design1 and green building performance4 7x7 ,water conservation technologies ,in addition to any use of water conservation technologies otherwise required by this section1 water conservation technologies shall be applied to the extent that the technologies are life-cycle cost-effective4 7xi7 ,effective date 7,i7 ,determinations made after ,december #ca1 #bjae ,this subparagraph shall apply to any determination made by a ,federal agency after ,december #ca1 #bjae4 7,,ii7 ,determinations made on or before ,december #ca1 #bjae ,this subparagraph 7as in effect on the day before the date of enactment of the ,all-of-the-,above ,federal ,building ,energy ,conservation ,act of #bjae7 shall apply to any use of a certification system for green commercial and residential buildings by a ,federal agency on or before ,december #ca1 #bjae4 2 and 7#b7 by striking subsections 7c7 and 7d7 and inserting the following3 7c7 ,periodic review ,the ,secretary shall-- 7#a7 once every #e years1 review the ,federal building energy standards established under this section2 and 7#b7 on completion of a review under paragraph 7#a71 if the ,secretary determines that significant energy savings would result1 upgrade the standards to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified4 4