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 Natural 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. 

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 2019’’. 


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1 SEC. 2. ENERGY PERFORMANCE REQUIREMENT FOR FED2 ERAL BUILDINGS. 

3 Section 543 of the National Energy Conservation 

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

5 (1) by striking subsections (a) and (b) sub6 section (a) and inserting the following: 

7 ‘‘(a) ENERGY PERFORMANCE REQUIREMENT FOR

8 FEDERAL BUILDINGS.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 to the maximum extent life cycle cost-effective, each 

11 agency shall apply energy conservation measures to, 

12 and shall improve the design for the construction of, 

13 the Federal buildings of the agency (including each 

14 industrial or laboratory facility) so that the energy 

15 consumption per gross square foot of the Federal 

16 buildings of the agency in fiscal years 2020 through 

17 2027 is reduced, as compared with the energy con18 sumption per gross square foot of the Federal build19 ings of the agency in fiscal year 2018, by the per20 centage specified in the following table: 

‘‘Fiscal Year Percentage 

Reduction 

2020 ................................................................................... 2.5

2021 ................................................................................... 5

2022 ................................................................................... 7.5

2023 ................................................................................... 10


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‘‘Fiscal Year Percentage 

Reduction 

2024 ................................................................................... 12.5

2025 ................................................................................... 15

2026 ................................................................................... 17.5

2027 ................................................................................... 20. 

1 ‘‘(2) EXCLUSION FOR BUILDINGS WITH ENERGY

2 INTENSIVE ACTIVITIES.— 

3 ‘‘(A) IN GENERAL.—An agency may ex4 clude from the requirements of paragraph (1) 

5 any building (including the associated energy 

6 consumption and gross square footage of the 

7 building) in which energy intensive activities are 

8 carried out. 

9 ‘‘(B) REPORTS.—Each agency shall iden10 tify and include in each report under section 

11 548(a) each building designated by the agency 

12 for exclusion under subparagraph (A) during 

13 the period covered by the report. 

14 ‘‘(3) RECOMMENDATIONS.—Not later than De15 cember 31, 2026, the Secretary shall— 

16 ‘‘(A) review the results of the implementa17 tion of the energy performance requirement es18 tablished under paragraph (1); and 


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1 ‘‘(B) submit to Congress recommendations 

2 concerning energy performance requirements 

3 for fiscal years 2028 through 2037.’’; 

4 (2) in subsection (b), by striking paragraphs (1) 

5 and (2) and inserting the following: 

6 ‘‘(b) ENERGY MANAGEMENT REQUIREMENT FOR

7 FEDERAL AGENCIES.— 

8 ‘‘(1) IN GENERAL.—Each agency shall— 

9 ‘‘(A) not later than October 1, 2019, begin 

10 installing in Federal buildings owned by the 

11 United States all energy and water conservation 

12 measures determined by the Secretary to be 

13 life-cycle cost-effective; and 

14 ‘‘(B) complete the installation described in 

15 subparagraph (A) as soon as practicable after 

16 the date referred to in that subparagraph. 

17 ‘‘(2) EXPLANATION OF NONCOMPLIANCE.— 

18 ‘‘(A) IN GENERAL.—If an agency fails to 

19 comply with paragraph (1), the agency shall 

20 submit to the Secretary, using guidelines devel21 oped by the Secretary, an explanation of the 

22 reasons for the failure. 

23 ‘‘(B) REPORT TO CONGRESS.—Not later 

24 than October 1, 2021, and every 2 years there25 after, the Secretary shall submit to Congress a 


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1 report describing any noncompliance with the 

2 requirements of paragraph (1).’’; and 

3 (2)(3) in subsection (f)— 

4 (A) in paragraph (1)— 

5 (i) by redesignating subparagraphs 

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

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

8 (ii) by inserting after subparagraph 

9 (D) the following: 

10 ‘‘(E) ONGOING COMMISSIONING.—The 

11 term ‘ongoing commissioning’ means an ongo12 ing process of commissioning using monitored 

13 data, the primary goal of which is to ensure 

14 continuous optimum performance of a facility, 

15 in accordance with design or operating needs, 

16 over the useful life of the facility, while meeting 

17 facility occupancy requirements.’’; 

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

19 the following: 

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

21 energy manager designated for a facility under 

22 subparagraph (A) shall take into consider23 ation— 

24 ‘‘(i) the use of a system to manage 

25 energy use at the facility; and 


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1 ‘‘(ii) the applicability of certification 

2 of the facility in accordance with the Inter3 national Organization for Standardization 

4 standard numbered 50001 and entitled 

5 ‘Energy Management Systems’.’’; and 

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

7 inserting the following: 

8 ‘‘(3) ENERGY AND WATER EVALUATIONS AND

9 COMMISSIONING.— 

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

11 in subparagraph (B), not later than the date 

12 that is 180 days after the date of enactment of 

13 the All-of-the-Above Federal Building Energy 

14 Conservation Act of 2019, and annually there15 after, each energy manager shall complete, for 

16 the preceding calendar year, a comprehensive 

17 energy and water evaluation and recommis18 sioning or retrocommissioning for approxi19 mately 25 percent of the facilities of the appli20 cable agency that meet the criteria under para21 graph (2)(B) in a manner that ensures that an 

22 evaluation of each such facility is completed not 

23 less frequently than once every 4 years. 

24 ‘‘(B) EXCEPTIONS.—An evaluation and re25 commissioning or retrocommissioning shall not 


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1 be required under subparagraph (A) with re2 spect to a facility that, as of the date on which 

3 the evaluation and recommissioning or retro4 commissioning would otherwise occur— 

5 ‘‘(i) has had a comprehensive energy 

6 and water evaluation during the preceding 

7 8-year period; 

8 ‘‘(ii)(I) has been commissioned, re9 commissioned, or retrocommissioned dur10 ing the preceding 10-year period; or 

11 ‘‘(II) is under ongoing commissioning; 

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

13 function or use since the previous evalua14 tion and recommissioning; 

15 ‘‘(iv) has been benchmarked with pub16 lic disclosure under paragraph (8) during 

17 the preceding calendar year; and 

18 ‘‘(v)(I) based on the benchmarking de19 scribed in clause (iv), has achieved at a fa20 cility level the most-recent cumulative en21 ergy savings target under subsection (a), 

22 as compared to the earlier of— 

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

24 evaluation; and 

25 ‘‘(bb) the date— 


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1 ‘‘(AA) of the most recent 

2 commissioning, recommissioning, 

3 or retrocommissioning; or 

4 ‘‘(BB) on which ongoing 

5 commissioning began; or 

6 ‘‘(II) has a long-term contract in 

7 place guaranteeing energy savings at least 

8 as great as the energy savings target under 

9 subclause (I). 

10 ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY

11 AND WATER EFFICIENCY MEASURES.—Not later 

12 than 2 years after the completion of each evaluation 

13 under paragraph (3), each energy manager shall— 

14 ‘‘(A) implement any energy- or water-sav15 ing measure that the Federal agency identified 

16 in the evaluation conducted that is life cycle 

17 cost-effective; and 

18 ‘‘(B) bundle individual measures of varying 

19 paybacks together into combined projects.’’. 

20 SEC. 3. FEDERAL BUILDING ENERGY EFFICIENCY PER21 FORMANCE STANDARDS; CERTIFICATION 

22 SYSTEM AND LEVEL FOR GREEN BUILDINGS. 

23 (a) DEFINITIONS.—Section 303 of the Energy Con24 servation and Production Act (42 U.S.C. 6832) is amend25 ed— 


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1 (1) in each of paragraphs (1) through (16), by 

2 inserting a paragraph heading, the text of which is 

3 comprised of the term defined in that paragraph; 

4 (2) by redesignating paragraphs (2) through 

5 (16) (as so amended) as paragraphs (3), (4), (6), 

6 (7), (8), (10), (12), (13), (14), (15), (16), (9), (17), 

7 (5), and (2), respectively, and moving the para8 graphs so as to appear in numerical order; and 

9 (3) by inserting after paragraph (10) (as so re10 designated) the following: 

11 ‘‘(11) MAJOR RENOVATION.—The term ‘major 

12 renovation’ means a modification of the energy sys13 tems of a building that is sufficiently extensive to 

14 ensure that the entire building can achieve compli15 ance with applicable energy standards for new build16 ings, based on such criteria as the Secretary shall 

17 establish, by regulation.’’. 

18 (b) FEDERAL BUILDING ENERGY EFFICIENCY

19 STANDARDS.—Section 305(a)(2)(A) of the Energy Con20 servation and Production Act (42 U.S.C. 6834(a)(2)(A)) 

21 is amended by striking ‘‘the 2004 International Energy 

22 Conservation Code (in the case of residential buildings) 

23 or ASHRAE Standard 90.1–2004 (in the case of commer24 cial buildings)’’ and inserting ‘‘the most recently published 

25 edition of the International Energy Conservation Code (in 


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1 the case of residential buildings) or ASHRAE Standard 

2 90.1 (in the case of commercial buildings) on the date of 

3 enactment of the All-of-the-Above Federal Building En4 ergy Conservation Act of 2019’’. 

5 (c) REVISED FEDERAL BUILDING EFFICIENCY

6 STANDARDS.—Section 305(a)(3) of the Energy Conserva7 tion and Production Act (42 U.S.C. 6834(a)(3)) is amend8 ed— 

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

10 that follows through subparagraph (B) and inserting 

11 the following: 

12 ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF13 FICIENCY PERFORMANCE STANDARDS; CERTIFI14 CATION FOR GREEN BUILDINGS.— 

15 ‘‘(A) REVISED FEDERAL BUILDING EN16 ERGY EFFICIENCY PERFORMANCE STAND17 ARDS.— 

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

19 year after the date of enactment of the All20 of-the-Above Federal Building Energy 

21 Conservation Act of 2019, the Secretary 

22 shall establish, by regulation, revised Fed23 eral building energy efficiency performance 

24 standards that require that— 


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1 ‘‘(I) unless demonstrated not to 

2 be life-cycle cost-effective for new 

3 Federal buildings and Federal build4 ings with major renovations— 

5 ‘‘(aa) the buildings shall be 

6 designed to achieve energy con7 sumption levels that are not less 

8 than 30 percent below the levels 

9 established in the most recently 

10 published version of the 

11 ASHRAE Standard or the Inter12 national Energy Conservation 

13 Code, as appropriate, on the date 

14 of enactment of the All-of-the15 Above Federal Building Energy 

16 Conservation Act of 2019, unless 

17 the Secretary determines, pursu18 ant to subparagraph (B), that a 

19 subsequent version of such a 

20 standard or code shall apply; and 

21 ‘‘(bb) sustainable design 

22 principles are applied to the loca23 tion, siting, design, and construc24 tion of all new Federal buildings 


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1 and replacement Federal build2 ings; 

3 ‘‘(II) if water is used to achieve 

4 energy efficiency, water conservation 

5 technologies shall be applied to the ex6 tent that the technologies are life7 cycle cost-effective; and 

8 ‘‘(III) if life-cycle cost-effective, 

9 as compared to other reasonably avail10 able technologies, not less than 30 

11 percent of the hot water demand for 

12 each new Federal building or Federal 

13 building undergoing a major renova14 tion shall be met through the installa15 tion and use of solar hot water heat16 ers. 

17 ‘‘(B) UPDATES.—Not later than 1 year 

18 after the date of approval of each subsequent 

19 revision of the ASHRAE Standard or the Inter20 national Energy Conservation Code, as appro21 priate, the Secretary shall determine whether 

22 the revised standards established under sub23 paragraph (A) and the Federal building energy 

24 standards established under paragraph (1) 

25 should be updated to reflect the revisions, based 


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1 on the energy savings and life-cycle cost-effec2 tiveness of the revisions.’’; 

3 (2) in subparagraph (C)— 

4 (A) by striking ‘‘(C) In the budget re5 quest’’ and inserting the following: 

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

7 request’’; and 

8 (B) by indenting clauses (i) and (ii) appro9 priately; and 

10 (3) in subparagraph (D)— 

11 (A) in the matter preceding clause (i), by 

12 striking ‘‘that require that:’’ and inserting 

13 ‘‘that require the following:’’; 

14 (B) in clause (i), by striking ‘‘annually for 

15 inflation for other buildings:’’ in the matter pre16 ceding subclause (I) and all that follows 

17 through ‘‘(III) Sustainable design principles’’ 

18 and inserting ‘‘annually for inflation for other 

19 buildings, sustainable design principles’’; 

20 (C) in clause (v), by striking ‘‘clause 

21 (i)(III)’’ each place it appears and inserting 

22 ‘‘clause (i)’’; and 

23 (D) in clause (vi)— 

24 (i) by striking ‘‘subclauses (I) and 

25 (III) of’’; and 


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1 (ii) by striking ‘‘energy savings, sus2 tainable design, and green building per3 formance’’ and inserting ‘‘sustainable de4 sign and green building performance’’. 

5 (d) FEDERAL COMPLIANCE.—Section 306 of the En6 ergy Conservation and Production Act (42 U.S.C. 6835) 

7 is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘(1) The head’’ and in11 serting the following: 

12 ‘‘(1) IN GENERAL.—The head’’; and 

13 (ii) by striking ‘‘assure that new Fed14 eral buildings’’ and inserting ‘‘ensure that 

15 new Federal buildings and Federal build16 ings with major renovations’’; and 

17 (B) in paragraph (2)— 

18 (i) by striking the second sentence 

19 and inserting the following: 

20 ‘‘(B) PROCEDURES.—The Architect of the 

21 Capitol shall adopt procedures necessary to en22 sure that the buildings referred to in subpara23 graph (A) meet or exceed the standards de24 scribed in that subparagraph.’’; and 

25 (ii) in the first sentence— 


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1 (I) by inserting ‘‘and Federal 

2 buildings with major renovations’’ 

3 after ‘‘new buildings’’; and 

4 (II) by striking ‘‘(2) The Fed5 eral’’ and inserting the following: 

6 ‘‘(2) APPLICABILITY.— 

7 ‘‘(A) IN GENERAL.—The Federal’’; and 

8 (2) in subsection (b), by striking the subsection 

9 designation and heading and all that follows through 

10 ‘‘new Federal building’’ and inserting the following: 

11 ‘‘(b) EXPENDITURES.—The head of a Federal agency 

12 may expend Federal funds for the construction of a new 

13 Federal building or a Federal building with major renova14 tions’’. 


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Calendar No. 220 

116TH CONGRESS 

1ST SESSION S. 1245 

[Report No. 116–117] 

A BILL 

To improve energy performance in Federal 

buildings, and for other purposes. 

SEPTEMBER 25, 2019 

Reported with amendments 


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