,,ii #aafth ,,congress #ast ,session ,s4 #abde ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #cj1 #bjai,mr4 ,hoeven 7for himself and ,mr4 ,manchin7 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 #bjai4 #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 subsections 7a7 and 7b7 and inserting the following3 7a7 ,energy performance requirement for ,federal buildings 7#a7 ,in general ,subject to paragraph 7#b71 to the maximum extent life cycle cost-effective1 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 #bjbj through #bjbg is reduced1 as compared with the energy consumption per gross square foot of the ,federal buildings of the agency in fiscal year #bjah1 by the percentage specified in the following table3 ,fiscal ,year,percentage ,reduction#bjbjb4ebjbaebjbbg4ebjbcajbjbd ab4ebjbeaebjbfag4ebjbgbj4 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 footage of the building7 in which energy intensive activities are carried out4 7,b7 ,reports ,each agency shall identify and include in each report under section #edh7;a7 each building designated by the agency for exclusion under subparagraph 7,a7 during the period covered by the report4 7#c7 ,recommendations ,not later than ,december #ca1 #bjbf1 the ,secretary shall-- 7,a7 review the results of the implementation of the energy performance requirement established under paragraph 7#a72 and 7,b7 submit to ,congress recommendations concerning energy performance requirements for fiscal years #bjbh through #bjcg4 7b7 ,energy management requirement for ,federal agencies 7#a7 ,in general ,each agency shall-- 7,a7 not later than ,october #a1 #bjai1 begin installing in ,federal buildings owned by the ,united ,states all energy and water conservation measures determined by the ,secretary to be life-cycle cost-effective2 and 7,b7 complete the installation described in subparagraph 7,a7 as soon as practicable after the date referred to in that subparagraph4 7#b7 ,explanation of noncompliance 7,a7 ,in general ,if an agency fails to comply with paragraph 7#a71 the agency shall submit to the ,secretary1 using guidelines developed by the ,secretary1 an explanation of the reasons for the failure4 7,b7 ,report to ,congress ,not later than ,october #a1 #bjba1 and every #b years thereafter1 the ,secretary shall submit to ,congress a report describing any noncompliance with the requirements of paragraph 7#a74 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 for a facility under subparagraph 7,a7 shall take into consideration-- 7i7 the use of a system to manage energy use at the facility2 and 7ii7 the applicability of certification of the facility in accordance with the ,international ,organization for ,standardization standard numbered #ejjja and entitled ,energy ,management ,systems4 2 and 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 not later than the date that is #ahj days after the date of enactment of the ,all-of-the-,above ,federal ,building ,energy ,conservation ,act of #bjai1 and annually thereafter1 each energy manager shall complete1 for the preceding calendar year1 a comprehensive energy and water evaluation and recommissioning or retrocommissioning for approximately #be percent of the facilities of the applicable agency that meet the criteria under paragraph 7#b77;,b7 in a manner that ensures that an evaluation of each such facility is completed not less frequently than once every #d years4 7,b7 ,exceptions ,an evaluation and recommissioning or retrocommissioning shall not be required under subparagraph 7,a7 with respect to a facility that1 as of the date on which the evaluation and recommissioning or retrocommissioning would otherwise occur-- 7i7 has had a comprehensive energy and water evaluation during the preceding #h-year period2 7ii7 7,i7 has been commissioned1 recommissioned1 or retrocommissioned during the preceding #aj-year period2 or 7,,ii7 is under ongoing commissioning2 7iii7 has not had a major change in function or use since the previous evaluation and recommissioning2 7iv7 has been benchmarked with public disclosure under paragraph 7#h7 during the preceding calendar year2 and 7v7 7,i7 based on the benchmarking described in clause 7iv71 has achieved at a facility level the most-recent cumulative energy savings target under subsection 7a71 as compared to the earlier of-- 7aa7 the date of the most recent evaluation2 and 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 ,not later than #b years after the completion of each evaluation under paragraph 7#c71 each energy manager shall-- 7,a7 implement any energy- or water-saving measure that the ,federal agency identified in the evaluation conducted that is life cycle cost-effective2 and 7,b7 bundle individual measures of varying paybacks together into combined projects4 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 each of paragraphs 7#a7 through 7#af71 by inserting a paragraph heading1 the text of which is comprised of the term defined in that paragraph2 7#b7 by redesignating paragraphs 7#b7 through 7#af7 7as so amended7 as paragraphs 7#c71 7#d71 7#f71 7#g71 7#h71 7#aj71 7#ab71 7#ac71 7#ad71 7#ae71 7#af71 7#i71 7#ag71 7#e71 and 7#b71 respectively1 and moving the paragraphs so as to appear in numerical order2 and 7#c7 by inserting after paragraph 7#aj7 7as so redesignated7 the following3 7#aa7 ,major renovation ,the term major renovation means a modification of the energy systems of a building that is sufficiently extensive to ensure that the entire building can achieve compliance with applicable energy standards for new buildings1 based on such criteria as the ,secretary shall establish1 by regulation4 4 7b7 ,federal building energy efficiency standards ,section #cje7;a77#b77;,a7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7;a77#b77;,a77 is amended by striking the #bjjd ,international ,energy ,conservation ,code 7in the case of residential buildings7 or ,,ashrae ,standard #ij4a-bjjd 7in the case of commercial buildings7 and inserting the most recently published edition of the ,international ,energy ,conservation ,code 7in the case of residential buildings7 or ,,ashrae ,standard #ij4a 7in the case of commercial buildings7 on the date of enactment of the ,all-of-the-,above ,federal ,building ,energy ,conservation ,act of #bjai4 7c7 ,revised ,federal building efficiency standards ,section #cje7;a77#c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7;a77#c77 is amended-- 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 #bjai1 the ,secretary shall establish1 by regulation1 revised ,federal building energy efficiency performance standards that require that-- 7,i7 unless demonstrated not to be life-cycle cost-effective for new ,federal buildings and ,federal buildings with major renovations-- 7aa7 the buildings shall be designed to achieve energy consumption levels that are not less than #cj percent below the levels established in the most recently published version of the ,,ashrae ,standard or the ,international ,energy ,conservation ,code1 as appropriate1 on the date of enactment of the ,all-of-the-,above ,federal ,building ,energy ,conservation ,act of #bjai1 unless the ,secretary determines1 pursuant to subparagraph 7,b71 that a subsequent version of such a standard or code shall apply2 and 7bb7 sustainable design principles are applied to the location1 siting1 design1 and construction of all new ,federal buildings and replacement ,federal buildings2 7,,ii7 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,,iii7 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 shall be met through the installation and use of solar hot water heaters4 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 and the ,federal building energy standards established under paragraph 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,c7-- 7,a7 by striking 7,c7 ,in the budget request and inserting the following3 7,c7 ,budget request ,in the budget request 2 and 7,b7 by indenting clauses 7i7 and 7ii7 appropriately2 and 7#c7 in subparagraph 7,d7-- 7,a7 in the matter preceding clause 7i71 by striking that require that3 and inserting that require the following32 7,b7 in clause 7i71 by striking annually for inflation for other buildings3 in the matter preceding subclause 7,i7 and all that follows through 7,,iii7 ,sustainable design principles and inserting annually for inflation for other buildings1 sustainable design principles2 7,c7 in clause 7v71 by striking clause 7i77,,iii7 each place it appears and inserting clause 7i72 and 7,d7 in clause 7vi7-- 7i7 by striking subclauses 7,i7 and 7,,iii7 of2 and 7ii7 by striking energy savings1 sustainable design1 and green building performance and inserting sustainable design and green building performance4 7d7 ,federal compliance ,section #cjf of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhce7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking 7#a7 ,the head and inserting the following3 7#a7 ,in general ,the head 2 and 7ii7 by striking assure that new ,federal buildings and inserting ensure that new ,federal buildings and ,federal buildings with major renovations2 and 7,b7 in paragraph 7#b7-- 7i7 by striking the second sentence and inserting the following3 7,b7 ,procedures ,the ,architect of the ,capitol shall adopt procedures necessary to ensure that the buildings referred to in subparagraph 7,a7 meet or exceed the standards described in that subparagraph4 2 and 7ii7 in the first sentence-- 7,i7 by inserting and ,federal buildings with major renovations after new buildings2 and 7,,ii7 by striking 7#b7 ,the ,federal and inserting the following3 7#b7 ,applicability 7,a7 ,in general ,the ,federal 2 and 7#b7 in subsection 7b71 by striking the subsection designation and heading and all that follows through new ,federal building and inserting the following3 7b7 ,expenditures ,the head of a ,federal agency may expend ,federal funds for the construction of a new ,federal building or a ,federal building with major renovations 4