II 

114TH CONGRESS 

1ST SESSION S. 869 

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

IN THE SENATE OF THE UNITED STATES 

MARCH 26, 2015 

Mr. HOEVEN (for himself, Mr. MANCHIN, and Mr. DONNELLY) 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 2015’’. 

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 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 2017 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. 

16 ‘‘(2) EXCLUSION FOR BUILDINGS WITH ENERGY

17 INTENSIVE ACTIVITIES.— 

18 ‘‘(A) IN GENERAL.—An agency may ex19 clude from the requirements of paragraph (1) 


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1 any building (including the associated energy 

2 consumption and gross square footage) in which 

3 energy intensive activities are carried out. 

4 ‘‘(B) REPORTS.—Each agency shall iden5 tify and list in each report made under section 

6 548(a) the buildings designated by the agency 

7 for exclusion under subparagraph (A). 

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

9 2017, the Secretary shall— 

10 ‘‘(A) review the results of the implementa11 tion of the energy performance requirements es12 tablished under paragraph (1); and 

13 ‘‘(B) based on the review conducted under 

14 subparagraph (A), submit to Congress a report 

15 that addresses the feasibility of requiring each 

16 agency to apply energy conservation measures 

17 to, and improve the design for the construction 

18 of, the Federal buildings of the agency (includ19 ing each industrial or laboratory facility) so 

20 that the energy consumption per gross square 

21 foot of the Federal buildings of the agency in 

22 each of fiscal years 2018 through 2030 is re23 duced, as compared with the energy consump24 tion per gross square foot of the Federal buildVerDate Sep 11 2014 22:08 Apr 09, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S869.IS S869

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1 ings of the agency in the prior fiscal year, by 

2 3 percent.’’; and 

3 (2) 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 under subparagraph 

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

23 energy use at the facility and certification of 

24 the facility in accordance with the International 

25 Organization for Standardization standard 


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1 numbered 50001 and entitled ‘Energy Manage2 ment Systems’.’’; 

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

4 inserting the following: 

5 ‘‘(3) ENERGY AND WATER EVALUATIONS AND

6 COMMISSIONING.— 

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

8 in subparagraph (B), effective beginning on the 

9 date that is 180 days after the date of enact10 ment of the All-of-the-Above Federal Building 

11 Energy Conservation Act of 2015, and annually 

12 thereafter, each energy manager shall complete, 

13 for each calendar year, a comprehensive energy 

14 and water evaluation and recommissioning or 

15 retrocommissioning for approximately 25 per16 cent of the facilities of each agency that meet 

17 the criteria under paragraph (2)(B) in a man18 ner that ensures that an evaluation of each fa19 cility is completed at least once every 4 years. 

20 ‘‘(B) EXCEPTIONS.—An evaluation and re21 commissioning shall not be required under sub22 paragraph (A) with respect to a facility that— 

23 ‘‘(i) has had a comprehensive energy 

24 and water evaluation during the 8-year pe25 riod preceding the date of the evaluation; 


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

4 of the evaluation; or 

5 ‘‘(II) is under ongoing commissioning; 

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

7 function or use since the previous evalua8 tion and commissioning; 

9 ‘‘(iv) has been benchmarked with pub10 lic disclosure under paragraph (8) within 

11 the year preceding the evaluation; and 

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

13 has achieved at a facility level the most re14 cent cumulative energy savings target 

15 under subsection (a) compared to the ear16 lier of— 

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

18 evaluation; or 

19 ‘‘(bb) the date— 

20 ‘‘(AA) of the most recent 

21 commissioning, recommissioning, 

22 or retrocommissioning; or 

23 ‘‘(BB) on which ongoing 

24 commissioning began; or 


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1 ‘‘(II) has a long-term contract in 

2 place guaranteeing energy savings at least 

3 as great as the energy savings target under 

4 subclause (I). 

5 ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY

6 AND WATER EFFICIENCY MEASURES.— 

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

8 after the date of completion of each evaluation 

9 under paragraph (3), each energy manager 

10 may— 

11 ‘‘(i) implement any energy- or water12 saving measure that the Federal agency 

13 identified in the evaluation conducted 

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

15 effective; and 

16 ‘‘(ii) bundle individual measures of 

17 varying paybacks together into combined 

18 projects. 

19 ‘‘(B) MEASURES NOT IMPLEMENTED.— 

20 The energy manager shall, as part of the cer21 tification system under paragraph (7), explain 

22 the reasons why any life-cycle cost effective 

23 measures were not implemented under subpara24 graph (A) using guidelines developed by the 

25 Secretary.’’; and 


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

2 end the following: 

3 ‘‘(iii) SUMMARY REPORT.—The Sec4 retary shall make available a report that 

5 summarizes the information tracked under 

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

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

8 SEC. 3. FEDERAL BUILDING ENERGY EFFICIENCY PER9 FORMANCE STANDARDS; CERTIFICATION 

10 SYSTEM AND LEVEL FOR GREEN BUILDINGS. 

11 (a) DEFINITIONS.—Section 303 of the Energy Con12 servation and Production Act (42 U.S.C. 6832) is amend13 ed— 

14 (1) in paragraph (6), by striking ‘‘to be con15 structed’’ and inserting ‘‘constructed or altered’’; 

16 and 

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

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

19 renovation’ means a modification of building energy 

20 systems sufficiently extensive that the whole building 

21 can meet energy standards for new buildings, based 

22 on criteria to be established by the Secretary 

23 through notice and comment rulemaking.’’. 


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1 (b) FEDERAL BUILDING EFFICIENCY STANDARDS.— 

2 Section 305 of the Energy Conservation and Production 

3 Act (42 U.S.C. 6834) is amended— 

4 (1) in subsection (a)(3)— 

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

6 and all that follows through subparagraph (B) 

7 and inserting the following: 

8 ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF9 FICIENCY PERFORMANCE STANDARDS; CERTIFI10 CATION FOR GREEN BUILDINGS.— 

11 ‘‘(A) REVISED FEDERAL BUILDING EN12 ERGY EFFICIENCY PERFORMANCE STAND13 ARDS.— 

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

15 year after the date of enactment of the All16 of-the-Above Federal Building Energy 

17 Conservation Act of 2015, the Secretary 

18 shall establish, by rule, revised Federal 

19 building energy efficiency performance 

20 standards that require that— 

21 ‘‘(I) new Federal buildings and 

22 alterations and additions to existing 

23 Federal buildings— 

24 ‘‘(aa) meet or exceed the 

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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) as of the date of en6 actment of the All-of-the-Above 

7 Federal Building Energy Con8 servation Act of 2015; 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 subclause (I)(aa), in5 cluding updates under subpara6 graph (B); and 

7 ‘‘(bb) sustainable design 

8 principles are applied to the loca9 tion, siting, design, and construc10 tion of all new Federal buildings 

11 and replacement Federal build12 ings; 

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

14 energy efficiency, water conservation 

15 technologies shall be applied to the ex16 tent that the technologies are life17 cycle cost effective; and 

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

19 as compared to other reasonably avail20 able technologies, not less than 30 

21 percent of the hot water demand for 

22 each new Federal building or Federal 

23 building undergoing a major renova24 tion be met through the installation 

25 and use of solar hot water heaters. 


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

2 not apply to unaltered portions of existing 

3 Federal buildings and systems that have 

4 been added to or altered. 

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

6 after the date of approval of each subsequent 

7 revision of the ASHRAE Standard or the Inter8 national Energy Conservation Code, as appro9 priate, the Secretary shall determine whether 

10 the revised standards established under sub11 paragraph (A) should be updated to reflect the 

12 revisions, based on the energy savings and life13 cycle cost-effectiveness of the revisions.’’; 

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

15 In the budget request’’ and inserting the fol16 lowing: 

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

18 request’’; and 

19 (C) by striking subparagraph (D) and in20 serting the following: 

21 ‘‘(D) CERTIFICATION FOR GREEN BUILD22 INGS.— 

23 ‘‘(i) SUSTAINABLE DESIGN PRIN24 CIPLES.—Sustainable design principles 

25 shall be applied to the siting, design, and 


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1 construction of buildings covered by this 

2 subparagraph. 

3 ‘‘(ii) SELECTION OF CERTIFICATION

4 SYSTEMS.—The Secretary, after reviewing 

5 the findings of the Federal Director under 

6 section 436(h) of the Energy Independence 

7 and Security Act of 2007 (42 U.S.C. 

8 17092(h)), in consultation with the Admin9 istrator of General Services, and in con10 sultation with the Secretary of Defense re11 lating to those facilities under the custody 

12 and control of the Department of Defense, 

13 shall determine those certification systems 

14 for green commercial and residential build15 ings that the Secretary determines to be 

16 the most likely to encourage a comprehen17 sive and environmentally sound approach 

18 to certification of green buildings. 

19 ‘‘(iii) BASIS FOR SELECTION.—The 

20 determination of the certification systems 

21 under clause (ii) shall be based on ongoing 

22 review of the findings of the Federal Direc23 tor under section 436(h) of the Energy 

24 Independence and Security Act of 2007 


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1 (42 U.S.C. 17092(h)) and the criteria de2 scribed in clause (v). 

3 ‘‘(iv) ADMINISTRATION.—In deter4 mining certification systems under this 

5 subparagraph, the Secretary shall— 

6 ‘‘(I) make a separate determina7 tion for all or part of each system; 

8 ‘‘(II) confirm that the criteria 

9 used to support the selection of build10 ing products, materials, brands, and 

11 technologies— 

12 ‘‘(aa) are fair and neutral 

13 (meaning that the criteria are 

14 based on an objective assessment 

15 of relevant technical data); 

16 ‘‘(bb) do not prohibit, dis17 favor, or discriminate against se18 lection based on technically inad19 equate information to inform 

20 human or environmental risk; 

21 and 

22 ‘‘(cc) are expressed to prefer 

23 performance measures whenever 

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1 sonably be used in lieu of pre2 scriptive measures; and 

3 ‘‘(III) use environmental and 

4 health criteria that are based on risk 

5 assessment methodology that is gen6 erally accepted by the applicable sci7 entific disciplines. 

8 ‘‘(v) CONSIDERATIONS.—In deter9 mining the green building certification sys10 tems under this subparagraph, the Sec11 retary shall take into consideration— 

12 ‘‘(I) the ability and availability of 

13 assessors and auditors to independ14 ently verify the criteria and measure15 ment of metrics at the scale necessary 

16 to implement this subparagraph; 

17 ‘‘(II) the ability of the applicable 

18 certification organization to collect 

19 and reflect public comment; 

20 ‘‘(III) the ability of the standard 

21 to be developed and revised through a 

22 consensus-based process; 

23 ‘‘(IV) an evaluation of the 

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1 performance green building, which 

2 shall give credit for promoting— 

3 ‘‘(aa) efficient and sustain4 able use of water, energy, and 

5 other natural resources; 

6 ‘‘(bb) use of renewable en7 ergy sources; 

8 ‘‘(cc) improved indoor envi9 ronmental quality through en10 hanced indoor air quality, ther11 mal comfort, acoustics, day light12 ing, pollutant source control, and 

13 use of low-emission materials and 

14 building system controls; and 

15 ‘‘(dd) such other criteria as 

16 the Secretary determines to be 

17 appropriate; and 

18 ‘‘(V) national recognition within 

19 the building industry. 

20 ‘‘(vi) REVIEW.—The Secretary, in 

21 consultation with the Administrator of 

22 General Services and the Secretary of De23 fense, shall conduct an ongoing review to 

24 evaluate and compare private sector green 


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1 building certification systems, taking into 

2 account— 

3 ‘‘(I) the criteria described in 

4 clause (v); and 

5 ‘‘(II) the identification made by 

6 the Federal Director under section 

7 436(h) of the Energy Independence 

8 and Security Act of 2007 (42 U.S.C. 

9 17092(h)). 

10 ‘‘(vii) EXCLUSIONS.— 

11 ‘‘(I) IN GENERAL.—Subject to 

12 subclause (II), if a certification sys13 tem fails to meet the review require14 ments of clause (v), the Secretary 

15 shall— 

16 ‘‘(aa) identify the portions 

17 of the system, whether pre18 requisites, credits, points, or oth19 erwise, that meet the review cri20 teria of clause (v); 

21 ‘‘(bb) determine the portions 

22 of the system that are suitable 

23 for use; and 


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1 ‘‘(cc) exclude all other por2 tions of the system from identi3 fication and use. 

4 ‘‘(II) ENTIRE SYSTEMS.—The 

5 Secretary shall exclude an entire sys6 tem from use if an exclusion under 

7 subclause (I)— 

8 ‘‘(aa) impedes the integrated 

9 use of the system; 

10 ‘‘(bb) creates disparate re11 view criteria or unequal point ac12 cess for competing materials; or 

13 ‘‘(cc) increases agency costs 

14 of the use. 

15 ‘‘(viii) INTERNAL CERTIFICATION

16 PROCESSES.—The Secretary may by rule 

17 allow Federal agencies to develop internal 

18 certification processes, using certified pro19 fessionals, in lieu of certification by certifi20 cation entities identified under clause (ii). 

21 ‘‘(ix) PRIVATIZED MILITARY HOUS22 ING.—With respect to privatized military 

23 housing, the Secretary of Defense, after 

24 consultation with the Secretary may, 

25 through rulemaking, develop alternative 


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1 certification systems and levels than the 

2 systems and levels identified under clause 

3 (ii) that achieve an equivalent result in 

4 terms of energy savings, sustainable de5 sign, and green building performance. 

6 ‘‘(x) WATER CONSERVATION TECH7 NOLOGIES.—In addition to any use of 

8 water conservation technologies otherwise 

9 required by this section, water conservation 

10 technologies shall be applied to the extent 

11 that the technologies are life-cycle cost-ef12 fective. 

13 ‘‘(xi) EFFECTIVE DATE.— 

14 ‘‘(I) DETERMINATIONS MADE

15 AFTER DECEMBER 31, 2015.—This 

16 subparagraph shall apply to any de17 termination made by a Federal agency 

18 after December 31, 2015. 

19 ‘‘(II) DETERMINATIONS MADE ON

20 OR BEFORE DECEMBER 31, 2015.— 

21 This subparagraph (as in effect on the 

22 day before the date of enactment of 

23 the All-of-the-Above Federal Building 

24 Energy Conservation Act of 2015) 

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1 cation system for green commercial 

2 and residential buildings by a Federal 

3 agency on or before December 31, 

4 2015.’’; and 

5 (2) by striking subsections (c) and (d) and in6 serting the following: 

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

8 ‘‘(1) once every 5 years, review the Federal 

9 building energy standards established under this sec10 tion; and 

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

12 (1), if the Secretary determines that significant en13 ergy savings would result, upgrade the standards to 

14 include all new energy efficiency and renewable en15 ergy measures that are technologically feasible and 

16 economically justified.’’. 

Æ 


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