II 

116TH CONGRESS 

1ST SESSION S. 1245 

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 

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’’. 

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) is amended— 


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1 (1) by striking subsections (a) and (b) and in2 serting the following: 

3 ‘‘(a) ENERGY PERFORMANCE REQUIREMENT FOR

4 FEDERAL BUILDINGS.— 

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

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

7 agency shall apply energy conservation measures to, 

8 and shall improve the design for the construction of, 

9 the Federal buildings of the agency (including each 

10 industrial or laboratory facility) so that the energy 

11 consumption per gross square foot of the Federal 

12 buildings of the agency in fiscal years 2020 through 

13 2027 is reduced, as compared with the energy con14 sumption per gross square foot of the Federal build15 ings of the agency in fiscal year 2018, by the per16 centage specified in the following table: 

‘‘Fiscal Year Percentage 

Reduction 

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

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

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

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

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

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

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

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


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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 

19 ‘‘(B) submit to Congress recommendations 

20 concerning energy performance requirements 

21 for fiscal years 2028 through 2037. 

22 ‘‘(b) ENERGY MANAGEMENT REQUIREMENT FOR

23 FEDERAL AGENCIES.— 

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


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

2 installing in Federal buildings owned by the 

3 United States all energy and water conservation 

4 measures determined by the Secretary to be 

5 life-cycle cost-effective; and 

6 ‘‘(B) complete the installation described in 

7 subparagraph (A) as soon as practicable after 

8 the date referred to in that subparagraph. 

9 ‘‘(2) EXPLANATION OF NONCOMPLIANCE.— 

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

11 comply with paragraph (1), the agency shall 

12 submit to the Secretary, using guidelines devel13 oped by the Secretary, an explanation of the 

14 reasons for the failure. 

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

16 than October 1, 2021, and every 2 years there17 after, the Secretary shall submit to Congress a 

18 report describing any noncompliance with the 

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

20 (2) in subsection (f)— 

21 (A) in paragraph (1)— 

22 (i) by redesignating subparagraphs 

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

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


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1 (ii) by inserting after subparagraph 

2 (D) the following: 

3 ‘‘(E) ONGOING COMMISSIONING.—The 

4 term ‘ongoing commissioning’ means an ongo5 ing process of commissioning using monitored 

6 data, the primary goal of which is to ensure 

7 continuous optimum performance of a facility, 

8 in accordance with design or operating needs, 

9 over the useful life of the facility, while meeting 

10 facility occupancy requirements.’’; 

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

12 the following: 

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

14 energy manager designated for a facility under 

15 subparagraph (A) shall take into consider16 ation— 

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

18 energy use at the facility; and 

19 ‘‘(ii) the applicability of certification 

20 of the facility in accordance with the Inter21 national Organization for Standardization 

22 standard numbered 50001 and entitled 

23 ‘Energy Management Systems’.’’; and 

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

25 inserting the following: 


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1 ‘‘(3) ENERGY AND WATER EVALUATIONS AND

2 COMMISSIONING.— 

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

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

5 that is 180 days after the date of enactment of 

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

7 Conservation Act of 2019, and annually there8 after, each energy manager shall complete, for 

9 the preceding calendar year, a comprehensive 

10 energy and water evaluation and recommis11 sioning or retrocommissioning for approxi12 mately 25 percent of the facilities of the appli13 cable agency that meet the criteria under para14 graph (2)(B) in a manner that ensures that an 

15 evaluation of each such facility is completed not 

16 less frequently than once every 4 years. 

17 ‘‘(B) EXCEPTIONS.—An evaluation and re18 commissioning or retrocommissioning shall not 

19 be required under subparagraph (A) with re20 spect to a facility that, as of the date on which 

21 the evaluation and recommissioning or retro22 commissioning would otherwise occur— 

23 ‘‘(i) has had a comprehensive energy 

24 and water evaluation during the preceding 

25 8-year period; 


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1 ‘‘(ii)(I) has been commissioned, re2 commissioned, or retrocommissioned dur3 ing the preceding 10-year period; or 

4 ‘‘(II) is under ongoing commissioning; 

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

6 function or use since the previous evalua7 tion and recommissioning; 

8 ‘‘(iv) has been benchmarked with pub9 lic disclosure under paragraph (8) during 

10 the preceding calendar year; and 

11 ‘‘(v)(I) based on the benchmarking de12 scribed in clause (iv), has achieved at a fa13 cility level the most-recent cumulative en14 ergy savings target under subsection (a), 

15 as compared to the earlier of— 

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

17 evaluation; and 

18 ‘‘(bb) the date— 

19 ‘‘(AA) of the most recent 

20 commissioning, recommissioning, 

21 or retrocommissioning; or 

22 ‘‘(BB) on which ongoing 

23 commissioning began; or 

24 ‘‘(II) has a long-term contract in 

25 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.—Not later 

5 than 2 years after the completion of each evaluation 

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

7 ‘‘(A) implement any energy- or water-sav8 ing measure that the Federal agency identified 

9 in the evaluation conducted that is life cycle 

10 cost-effective; and 

11 ‘‘(B) bundle individual measures of varying 

12 paybacks together into combined projects.’’. 

13 SEC. 3. FEDERAL BUILDING ENERGY EFFICIENCY PER14 FORMANCE STANDARDS; CERTIFICATION 

15 SYSTEM AND LEVEL FOR GREEN BUILDINGS. 

16 (a) DEFINITIONS.—Section 303 of the Energy Con17 servation and Production Act (42 U.S.C. 6832) is amend18 ed— 

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

20 inserting a paragraph heading, the text of which is 

21 comprised of the term defined in that paragraph; 

22 (2) by redesignating paragraphs (2) through 

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

24 (7), (8), (10), (12), (13), (14), (15), (16), (9), (17), 


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1 (5), and (2), respectively, and moving the para2 graphs so as to appear in numerical order; and 

3 (3) by inserting after paragraph (10) (as so re4 designated) the following: 

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

6 renovation’ means a modification of the energy sys7 tems of a building that is sufficiently extensive to 

8 ensure that the entire building can achieve compli9 ance with applicable energy standards for new build10 ings, based on such criteria as the Secretary shall 

11 establish, by regulation.’’. 

12 (b) FEDERAL BUILDING ENERGY EFFICIENCY

13 STANDARDS.—Section 305(a)(2)(A) of the Energy Con14 servation and Production Act (42 U.S.C. 6834(a)(2)(A)) 

15 is amended by striking ‘‘the 2004 International Energy 

16 Conservation Code (in the case of residential buildings) 

17 or ASHRAE Standard 90.1–2004 (in the case of commer18 cial buildings)’’ and inserting ‘‘the most recently published 

19 edition of the International Energy Conservation Code (in 

20 the case of residential buildings) or ASHRAE Standard 

21 90.1 (in the case of commercial buildings) on the date of 

22 enactment of the All-of-the-Above Federal Building En23 ergy Conservation Act of 2019’’. 

24 (c) REVISED FEDERAL BUILDING EFFICIENCY

25 STANDARDS.—Section 305(a)(3) of the Energy ConservaVerDate Sep 11 2014 02:24 May 03, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1245.IS S1245

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1 tion and Production Act (42 U.S.C. 6834(a)(3)) is amend2 ed— 

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

4 that follows through subparagraph (B) and inserting 

5 the following: 

6 ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF7 FICIENCY PERFORMANCE STANDARDS; CERTIFI8 CATION FOR GREEN BUILDINGS.— 

9 ‘‘(A) REVISED FEDERAL BUILDING EN10 ERGY EFFICIENCY PERFORMANCE STAND11 ARDS.— 

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

13 year after the date of enactment of the All14 of-the-Above Federal Building Energy 

15 Conservation Act of 2019, the Secretary 

16 shall establish, by regulation, revised Fed17 eral building energy efficiency performance 

18 standards that require that— 

19 ‘‘(I) unless demonstrated not to 

20 be life-cycle cost-effective for new 

21 Federal buildings and Federal build22 ings with major renovations— 

23 ‘‘(aa) the buildings shall be 

24 designed to achieve energy con25 sumption levels that are not less 


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1 than 30 percent below the levels 

2 established in the most recently 

3 published version of the 

4 ASHRAE Standard or the Inter5 national Energy Conservation 

6 Code, as appropriate, on the date 

7 of enactment of the All-of-the8 Above Federal Building Energy 

9 Conservation Act of 2019, unless 

10 the Secretary determines, pursu11 ant to subparagraph (B), that a 

12 subsequent version of such a 

13 standard or code shall apply; and 

14 ‘‘(bb) sustainable design 

15 principles are applied to the loca16 tion, siting, design, and construc17 tion of all new Federal buildings 

18 and replacement Federal build19 ings; 

20 ‘‘(II) if water is used to achieve 

21 energy efficiency, water conservation 

22 technologies shall be applied to the ex23 tent that the technologies are life24 cycle cost-effective; and 


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

2 as compared to other reasonably avail3 able technologies, not less than 30 

4 percent of the hot water demand for 

5 each new Federal building or Federal 

6 building undergoing a major renova7 tion shall be met through the installa8 tion and use of solar hot water heat9 ers. 

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

11 after the date of approval of each subsequent 

12 revision of the ASHRAE Standard or the Inter13 national Energy Conservation Code, as appro14 priate, the Secretary shall determine whether 

15 the revised standards established under sub16 paragraph (A) and the Federal building energy 

17 standards established under paragraph (1) 

18 should be updated to reflect the revisions, based 

19 on the energy savings and life-cycle cost-effec20 tiveness of the revisions.’’; 

21 (2) in subparagraph (C)— 

22 (A) by striking ‘‘(C) In the budget re23 quest’’ and inserting the following: 

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

25 request’’; and 


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1 (B) by indenting clauses (i) and (ii) appro2 priately; and 

3 (3) in subparagraph (D)— 

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

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

6 ‘‘that require the following:’’; 

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

8 inflation for other buildings:’’ in the matter pre9 ceding subclause (I) and all that follows 

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

11 and inserting ‘‘annually for inflation for other 

12 buildings, sustainable design principles’’; 

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

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

15 ‘‘clause (i)’’; and 

16 (D) in clause (vi)— 

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

18 (III) of’’; and 

19 (ii) by striking ‘‘energy savings, sus20 tainable design, and green building per21 formance’’ and inserting ‘‘sustainable de22 sign and green building performance’’. 

23 (d) FEDERAL COMPLIANCE.—Section 306 of the En24 ergy Conservation and Production Act (42 U.S.C. 6835) 

25 is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘(1) The head’’ and in4 serting the following: 

5 ‘‘(1) IN GENERAL.—The head’’; and 

6 (ii) by striking ‘‘assure that new Fed7 eral buildings’’ and inserting ‘‘ensure that 

8 new Federal buildings and Federal build9 ings with major renovations’’; and 

10 (B) in paragraph (2)— 

11 (i) by striking the second sentence 

12 and inserting the following: 

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

14 Capitol shall adopt procedures necessary to en15 sure that the buildings referred to in subpara16 graph (A) meet or exceed the standards de17 scribed in that subparagraph.’’; and 

18 (ii) in the first sentence— 

19 (I) by inserting ‘‘and Federal 

20 buildings with major renovations’’ 

21 after ‘‘new buildings’’; and 

22 (II) by striking ‘‘(2) The Fed23 eral’’ and inserting the following: 

24 ‘‘(2) APPLICABILITY.— 

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


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

2 designation and heading and all that follows through 

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

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

5 may expend Federal funds for the construction of a new 

6 Federal building or a Federal building with major renova7 tions’’. 

Æ 


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