II 

113TH CONGRESS 

1ST SESSION S. 1199 

To improve energy performance in Federal buildings, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 20, 2013 

Mr. HOEVEN (for himself and Mr. MANCHIN) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘All-Of-The-Above Fed5 eral Building Energy Conservation Act of 2013’’. 

6 SEC. 2. ENERGY PERFORMANCE REQUIREMENT FOR FED7 ERAL BUILDINGS. 

8 Section 543 of the National Energy Conservation 

9 Policy Act (42 U.S.C. 8253(a)) is amended— 


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1 (1) by striking subsection (a) and inserting the 

2 following: 

3 ‘‘(a) ENERGY PERFORMANCE REQUIREMENT FOR

4 FEDERAL BUILDINGS.— 

5 ‘‘(1) REQUIREMENT.—Subject to paragraph 

6 (2), each agency shall apply energy conservation 

7 measures to, and shall improve the design for the 

8 construction of, the Federal buildings of the agency 

9 (including each industrial or laboratory facility) so 

10 that the energy consumption per gross square foot 

11 of the Federal buildings of the agency in fiscal years 

12 2006 through 2020 is reduced, as compared with the 

13 energy consumption per gross square foot of the 

14 Federal buildings of the agency in fiscal year 2003, 

15 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

2018 ............................................................................................. 39

2019 ............................................................................................. 42

2020 ............................................................................................. 45. 

16 ‘‘(2) EXCLUSION FOR BUILDINGS WITH ENERGY

17 INTENSIVE ACTIVITIES.— 


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1 ‘‘(A) IN GENERAL.—An agency may ex2 clude from the requirements of paragraph (1) 

3 any building (including the associated energy 

4 consumption and gross square footage) in which 

5 energy intensive activities are carried out. 

6 ‘‘(B) REPORTS.—Each agency shall iden7 tify and list in each report made under section 

8 548(a) the buildings designated by the agency 

9 for exclusion under subparagraph (A). 

10 ‘‘(3) REVIEW.—Not later than December 31, 

11 2016, the Secretary shall review the results of the 

12 implementation of the energy performance require13 ments established under paragraph (1). 

14 ‘‘(4) SUBSEQUENT FISCAL YEARS.—The Sec15 retary may amend or set energy performance re16 quirements for Federal buildings for each of fiscal 

17 years 2018 through 2025 by a rule that— 

18 ‘‘(A) includes cost-benefit analysis and an 

19 opportunity for public comment; 

20 ‘‘(B) establishes levels that are technically 

21 feasible and economically justifiable; and 

22 ‘‘(C) considers any energy- and water-sav23 ing measures identified in evaluations con24 ducted under subsection (f)(3).’’; and 

25 (2) in subsection (f)— 


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1 (A) in paragraph (1)— 

2 (i) by redesignating subparagraphs 

3 (E), (F), and (G) as subparagraphs (F), 

4 (G), and (H), respectively; and 

5 (ii) by inserting after subparagraph 

6 (D) the following: 

7 ‘‘(E) ONGOING COMMISSIONING.—The 

8 term ‘ongoing commissioning’ means an ongo9 ing process of commissioning using monitored 

10 data, the primary goal of which is to ensure 

11 continuous optimum performance of a facility, 

12 in accordance with design or operating needs, 

13 over the useful life of the facility, while meeting 

14 facility occupancy requirements.’’; 

15 (B) in paragraph (2), by adding at the end 

16 the following: 

17 ‘‘(C) ENERGY MANAGEMENT SYSTEM.—An 

18 energy manager designated under subparagraph 

19 (A) shall consider use of a system to manage 

20 energy use at the facility and certification of 

21 the facility in accordance with the International 

22 Organization for Standardization standard 

23 numbered 50001 and entitled ‘Energy Manage24 ment Systems’.’’; 


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1 (C) by striking paragraphs (3) and (4) and 

2 inserting the following: 

3 ‘‘(3) ENERGY AND WATER EVALUATIONS AND

4 COMMISSIONING.— 

5 ‘‘(A) EVALUATIONS.—Except as provided 

6 in subparagraph (B), effective beginning on the 

7 date that is 180 days after the date of enact8 ment of the All-Of-The-Above Federal Building 

9 Energy Conservation Act of 2013, and annually 

10 thereafter, each energy manager shall complete, 

11 for each calendar year, a comprehensive energy 

12 and water evaluation and recommissioning or 

13 retrocommissioning for approximately 25 per14 cent of the facilities of each agency that meet 

15 the criteria under paragraph (2)(B) in a man16 ner that ensures that an evaluation of each fa17 cility is completed at least once every 4 years. 

18 ‘‘(B) EXCEPTIONS.—An evaluation and re19 commissioning shall not be required under sub20 paragraph (A) with respect to a facility that— 

21 ‘‘(i) has had a comprehensive energy 

22 and water evaluation during the 8-year pe23 riod preceding the date of the evaluation; 

24 ‘‘(ii)(I) has been commissioned, re25 commissioned, or retrocommissioned durVerDate Mar 15 2010 23:57 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1199.IS S1199

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1 ing the 10-year period preceding the date 

2 of the evaluation; or 

3 ‘‘(II) is under ongoing commissioning; 

4 ‘‘(iii) has not had a major change in 

5 function or use since the previous evalua6 tion and commissioning; 

7 ‘‘(iv) has been benchmarked with pub8 lic disclosure under paragraph (8) within 

9 the year preceding the evaluation; and 

10 ‘‘(v)(I) based on the benchmarking, 

11 has achieved at a facility level the most re12 cent cumulative energy savings target 

13 under subsection (a) compared to the ear14 lier of— 

15 ‘‘(aa) the date of the most recent 

16 evaluation; or 

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 


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1 as great as the energy savings target under 

2 subclause (I). 

3 ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY

4 AND WATER EFFICIENCY MEASURES.— 

5 ‘‘(A) IN GENERAL.—Not later than 2 years 

6 after the date of completion of each evaluation 

7 under paragraph (3), each energy manager 

8 may— 

9 ‘‘(i) implement any energy- or water10 saving measure that the Federal agency 

11 identified in the evaluation conducted 

12 under paragraph (3) that is life-cycle cost 

13 effective; and 

14 ‘‘(ii) bundle individual measures of 

15 varying paybacks together into combined 

16 projects. 

17 ‘‘(B) MEASURES NOT IMPLEMENTED.— 

18 The energy manager shall, as part of the cer19 tification system under paragraph (7), explain 

20 the reasons why any life-cycle cost effective 

21 measures were not implemented under subpara22 graph (A) using guidelines developed by the 

23 Secretary.’’; and 

24 (D) in paragraph (7)(C), by adding at the 

25 end the following: 


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1 ‘‘(iii) SUMMARY REPORT.—The Sec2 retary shall make available a report that 

3 summarizes the information tracked under 

4 subparagraph (B)(i) by each agency and, 

5 as applicable, by each type of measure.’’. 

6 SEC. 3. FEDERAL BUILDING ENERGY EFFICIENCY PER7 FORMANCE STANDARDS; CERTIFICATION 

8 SYSTEM AND LEVEL FOR GREEN BUILDINGS. 

9 (a) DEFINITIONS.—Section 303 of the Energy Con10 servation and Production Act (42 U.S.C. 6832) is amend11 ed— 

12 (1) in paragraph (6), by striking ‘‘to be con13 structed’’ and inserting ‘‘constructed or altered’’; 

14 and 

15 (2) by adding at the end the following: 

16 ‘‘(17) MAJOR RENOVATION.—The term ‘major 

17 renovation’ means a modification of building energy 

18 systems sufficiently extensive that the whole building 

19 can meet energy standards for new buildings, based 

20 on criteria to be established by the Secretary 

21 through notice and comment rulemaking.’’. 

22 (b) FEDERAL BUILDING EFFICIENCY STANDARDS.— 

23 Section 305 of the Energy Conservation and Production 

24 Act (42 U.S.C. 6834) is amended— 

25 (1) in subsection (a)(3)— 


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1 (A) by striking ‘‘(3)(A) Not later than’’ 

2 and all that follows through subparagraph (B) 

3 and inserting the following: 

4 ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF5 FICIENCY PERFORMANCE STANDARDS; CERTIFI6 CATION FOR GREEN BUILDINGS.— 

7 ‘‘(A) REVISED FEDERAL BUILDING EN8 ERGY EFFICIENCY PERFORMANCE STAND9 ARDS.— 

10 ‘‘(i) IN GENERAL.—Not later than 1 

11 year after the date of enactment of the All12 Of-The-Above Federal Building Energy 

13 Conservation Act of 2013 and after the 

14 date of approval of each subsequent revi15 sion of ASHRAE Standard 90.1 or the 

16 International Energy Conservation Code, 

17 as appropriate, the Secretary shall estab18 lish, by rule, revised Federal building en19 ergy efficiency performance standards that 

20 require that— 

21 ‘‘(I) new Federal buildings and 

22 alterations and additions to existing 

23 Federal buildings— 

24 ‘‘(aa) meet or exceed the 

25 most recent revision of the InterVerDate Mar 15 2010 23:57 Jun 26, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1199.IS S1199

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1 national Energy Conservation 

2 Code (in the case of residential 

3 buildings) or ASHRAE Standard 

4 90.1 (in the case of commercial 

5 buildings) that the Secretary de6 termines saves energy compared 

7 to previous versions of the Code 

8 or Standard; and 

9 ‘‘(bb) meet or exceed the en10 ergy provisions of state and local 

11 building codes applicable to the 

12 building, if the codes are more 

13 stringent than the International 

14 Energy Conservation Code or 

15 ASHRAE Standard 90.1, as ap16 plicable; 

17 ‘‘(II) unless demonstrated not to 

18 be life-cycle cost effective for new 

19 Federal buildings and Federal build20 ings with major renovations— 

21 ‘‘(aa) the buildings be de22 signed to achieve energy con23 sumption levels that are at least 

24 30 percent below the levels estab25 lished in the version of the 


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1 ASHRAE Standard or the Inter2 national Energy Conservation 

3 Code, as appropriate, that is ap4 plied under clause (i); and 

5 ‘‘(bb) sustainable design 

6 principles are applied to the 

7 siting, design, and construction 

8 of all new Federal buildings and 

9 replacement Federal buildings; 

10 ‘‘(III) if water is used to achieve 

11 energy efficiency, water conservation 

12 technologies shall be applied to the ex13 tent that the technologies are life14 cycle cost effective; and 

15 ‘‘(IV) if life-cycle cost effective, 

16 as compared to other reasonably avail17 able technologies, not less than 30 

18 percent of the hot water demand for 

19 each new Federal building or Federal 

20 building undergoing a major renova21 tion be met through the installation 

22 and use of solar hot water heaters. 

23 ‘‘(ii) LIMITATION.—Clause (i)(I) shall 

24 not apply to unaltered portions of existing 


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1 Federal buildings and systems that have 

2 been added to or altered.’’; 

3 (B) in subparagraph (C), by striking ‘‘(C) 

4 In the budget request’’ and inserting the fol5 lowing: 

6 ‘‘(B) BUDGET REQUEST.—In the budget 

7 request’’; and 

8 (C) in subparagraph (D)— 

9 (i) by striking clause ‘‘(D) Not later 

10 than’’ and all that follows through the first 

11 sentence of subclause (III) and inserting 

12 the following: 

13 ‘‘(C) CERTIFICATION FOR GREEN BUILD14 INGS.— 

15 ‘‘(i) IN GENERAL.—’’; 

16 (ii) by striking clause (ii); 

17 (iii) in clause (iii), by striking ‘‘(iii) In 

18 identifying’’ and inserting the following: 

19 ‘‘(ii) CONSIDERATIONS.—In identi20 fying’’; 

21 (iv) in clause (iv)— 

22 (I) by striking ‘‘(iv) At least 

23 once’’ and inserting the following: 

24 ‘‘(iii) STUDY.—At least once’’; and 


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1 (II) by striking ‘‘clause (iii)’’ and 

2 inserting ‘‘clause (ii)’’; 

3 (v) in clause (v)— 

4 (I) by striking ‘‘(v) The Sec5 retary may’’ and inserting the fol6 lowing: 

7 ‘‘(iv) INTERNAL CERTIFICATION PROC8 ESSES.—The Secretary may’’; and 

9 (II) by striking ‘‘clause (i)(III)’’ 

10 each place it appears and inserting 

11 ‘‘clause (i)’’; 

12 (vi) in clause (vi)— 

13 (I) by striking ‘‘(vi) With re14 spect’’ and inserting the following: 

15 ‘‘(v) PRIVATIZED MILITARY HOUS16 ING.—With respect’’; and 

17 (II) by striking ‘‘develop alter18 native criteria to those established by 

19 subclauses (I) and (III) of clause (i) 

20 that achieve an equivalent result in 

21 terms of energy savings, sustainable 

22 design, and’’ and inserting ‘‘develop 

23 alternative certification systems and 

24 levels than the systems and levels 


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1 identified under clause (i) that achieve 

2 an equivalent result in terms of’’; and 

3 (vii) in clause (vii), by striking ‘‘(vii) 

4 In addition to’’ and inserting the following: 

5 ‘‘(vi) WATER CONSERVATION TECH6 NOLOGIES.—In addition to’’; and 

7 (2) by striking subsections (c) and (d) and in8 serting the following: 

9 ‘‘(c) PERIODIC REVIEW.—The Secretary shall— 

10 ‘‘(1) every 5 years, review the Federal building 

11 energy standards established under this section; and 

12 ‘‘(2) on completion of a review under paragraph 

13 (1), if the Secretary determines that significant en14 ergy savings would result, upgrade the standards to 

15 include all new energy efficiency and renewable en16 ergy measures that are technologically feasible and 

17 economically justified.’’. 

Æ 


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