I 
115TH CONGRESS 
2D SESSION 
H. R. 6584 
To improve energy performance in Federal buildings, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2018 
Mr. CARTER of Georgia (for himself and Mr. GENE GREEN of Texas) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce, and in addition to the Committee on Transportation and 
Infrastructure, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To improve energy performance in Federal buildings, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘All-of-the-Above Fed-
eral Building Energy Conservation Act of 2018’’. 
SEC. 2. ENERGY PERFORMANCE REQUIREMENT FOR FED-
ERAL BUILDINGS. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended— 
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(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘to the maximum ex-
tent life cycle cost-effective,’’ after ‘‘para-
graph (2),’’; 
(ii) by striking ‘‘2015’’ and inserting 
‘‘2017’’; and 
(iii) in the table at the end— 
(I) by striking the period at the 
end; and 
(II) by adding at the end the fol-
lowing: 
‘‘2016 ..............................................................................................
32.5
2017 ................................................................................................
35.0.’’; 
and 
(B) by striking paragraphs (2) and (3) and 
inserting the following: 
‘‘(2) EXCLUSION FOR BUILDINGS WITH ENERGY IN-
TENSIVE ACTIVITIES.— 
‘‘(A) IN
GENERAL.—An agency may exclude 
from the requirements of paragraph (1) any building 
(including the associated energy consumption and 
gross square footage of the building) in which en-
ergy intensive activities are carried out. 
‘‘(B) REPORTS.—Each agency shall identify 
and include in each report under section 548(a) each 
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building designated by the agency for exclusion 
under subparagraph (A) during the period covered 
by the report.’’; and 
(2) in subsection (f)— 
(A) in paragraph (1)— 
(i) by redesignating subparagraphs 
(E), (F), and (G) as subparagraphs (F), 
(G), and (H), respectively; and 
(ii) by inserting after subparagraph 
(D) the following: 
‘‘(E) 
ONGOING
COMMISSIONING.—The 
term ‘ongoing commissioning’ means an ongo-
ing process of commissioning using monitored 
data, the primary goal of which is to ensure 
continuous optimum performance of a facility, 
in accordance with design or operating needs, 
over the useful life of the facility, while meeting 
facility occupancy requirements.’’; 
(B) in paragraph (2), by adding at the end 
the following: 
‘‘(C) ENERGY MANAGEMENT SYSTEM.—An 
energy manager designated for a facility under 
subparagraph (A) shall take into consider-
ation— 
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‘‘(i) the use of a system to manage 
energy use at the facility; and 
‘‘(ii) applicability of certification of 
the facility in accordance with the Inter-
national Organization for Standardization 
standard numbered 50001 and entitled 
‘Energy Management Systems’.’’; and 
(C) by striking paragraphs (3) and (4) and 
inserting the following: 
‘‘(3) ENERGY AND WATER EVALUATIONS AND 
COMMISSIONING.— 
‘‘(A) EVALUATIONS.—Except as provided 
in subparagraph (B), not later than the date 
that is 180 days after the date of enactment of 
the All-of-the-Above Federal Building Energy 
Conservation Act of 2018, and annually there-
after, each energy manager shall complete, for 
the preceding calendar year, a comprehensive 
energy and water evaluation and recommis-
sioning or retrocommissioning for approxi-
mately 25 percent of the facilities of the appli-
cable agency that meet the criteria under para-
graph (2)(B) in a manner that ensures that an 
evaluation of each such facility is completed not 
less frequently than once every 4 years. 
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‘‘(B) EXCEPTIONS.—An evaluation and re-
commissioning shall not be required under sub-
paragraph (A) with respect to a facility that, as 
of the date on which the evaluation and re-
commissioning or retrocommissioning would 
otherwise occur— 
‘‘(i) has had a comprehensive energy 
and water evaluation during the preceding 
8-year period; 
‘‘(ii)(I) has been commissioned, re-
commissioned, or retrocommissioned dur-
ing the preceding 10-year period; or 
‘‘(II) is under ongoing commissioning; 
‘‘(iii) has not had a major change in 
function or use since the previous evalua-
tion and recommissioning; 
‘‘(iv) has been benchmarked with pub-
lic disclosure under paragraph (8) during 
the preceding calendar year; and 
‘‘(v)(I) based on the benchmarking de-
scribed in clause (iv), has achieved at a fa-
cility level the most-recent cumulative en-
ergy savings target under subsection (a), 
as compared to the earlier of— 
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‘‘(aa) the date of the most recent 
evaluation; and 
‘‘(bb) the date— 
‘‘(AA) of the most recent 
commissioning, recommissioning, 
or retrocommissioning; or 
‘‘(BB) on which ongoing 
commissioning began; or 
‘‘(II) has a long-term contract in 
place guaranteeing energy savings at least 
as great as the energy savings target under 
subclause (I). 
‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY 
AND
WATER
EFFICIENCY
MEASURES.—Not later 
than 2 years after the completion of each evaluation 
under paragraph (3), each energy manager shall— 
‘‘(A) implement any energy- or water-sav-
ing measure that the Federal agency identified 
in the evaluation conducted that is life cycle 
cost-effective; and 
‘‘(B) bundle individual measures of varying 
paybacks together into combined projects.’’. 
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SEC. 3. FEDERAL BUILDING ENERGY EFFICIENCY PER-
FORMANCE 
STANDARDS; 
CERTIFICATION 
SYSTEM AND LEVEL FOR GREEN BUILDINGS. 
(a) DEFINITIONS.—Section 303 of the Energy Con-
servation and Production Act (42 U.S.C. 6832) is amend-
ed— 
(1) in each of paragraphs (1) through (16), by 
inserting a paragraph heading, the text of which is 
comprised of the term defined in that paragraph; 
(2) by redesignating paragraphs (2) through 
(16) (as so amended) as paragraphs (3), (4), (6), 
(7), (8), (10), (12), (13), (14), (15), (16), (9), (17), 
(5), and (2), respectively, and moving the para-
graphs so as to appear in numerical order; and 
(3) by inserting after paragraph (10) (as so re-
designated) the following: 
‘‘(11) MAJOR RENOVATION.—The term ‘major 
renovation’ means a modification of the energy sys-
tems of a building that is sufficiently extensive to 
ensure that the entire building can achieve compli-
ance with applicable energy standards for new build-
ings, based on such criteria as the Secretary shall 
establish, by regulation.’’. 
(b) FEDERAL BUILDING EFFICIENCY STANDARDS.— 
Section 305(a)(3) of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6834(a)(3)) is amended— 
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(1) by striking ‘‘(3)(A) Not later than’’ and all 
that follows through subparagraph (B) and inserting 
the following: 
‘‘(3) REVISED FEDERAL BUILDING ENERGY EF-
FICIENCY
PERFORMANCE
STANDARDS; 
CERTIFI-
CATION FOR GREEN BUILDINGS.— 
‘‘(A) REVISED
FEDERAL
BUILDING
EN-
ERGY
EFFICIENCY
PERFORMANCE
STAND-
ARDS.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the All- 
of-the-Above 
Federal 
Building 
Energy 
Conservation Act of 2018, the Secretary 
shall establish, by regulation, revised Fed-
eral building energy efficiency performance 
standards that require that— 
‘‘(I) unless demonstrated not to 
be life-cycle cost-effective for new 
Federal buildings and Federal build-
ings with major renovations— 
‘‘(aa) the buildings shall be 
designed to achieve energy con-
sumption levels that are not less 
than 30 percent below the levels 
established in the version of the 
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ASHRAE Standard or the Inter-
national 
Energy 
Conservation 
Code, as appropriate, in effect on 
the date of enactment of the All- 
of-the-Above 
Federal 
Building 
Energy 
Conservation 
Act 
of 
2018, unless the Secretary deter-
mines, pursuant to subparagraph 
(B), that a subsequent version of 
such a standard or code shall 
apply; and 
‘‘(bb) 
sustainable 
design 
principles are applied to the loca-
tion, siting, design, and construc-
tion of all new Federal buildings 
and replacement Federal build-
ings; 
‘‘(II) if water is used to achieve 
energy efficiency, water conservation 
technologies shall be applied to the ex-
tent that the technologies are life- 
cycle cost-effective; and 
‘‘(III) if life-cycle cost-effective, 
as compared to other reasonably avail-
able technologies, not less than 30 
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percent of the hot water demand for 
each new Federal building or Federal 
building undergoing a major renova-
tion shall be met through the installa-
tion and use of solar hot water heat-
ers. 
‘‘(B) UPDATES.—Not later than 1 year 
after the date of approval of each subsequent 
revision of the ASHRAE Standard or the Inter-
national Energy Conservation Code, as appro-
priate, the Secretary shall determine whether 
the revised standards established under sub-
paragraph (A) should be updated to reflect the 
revisions, based on the energy savings and life- 
cycle cost-effectiveness of the revisions.’’; 
(2) in subparagraph (C)— 
(A) by striking ‘‘(C) In the budget re-
quest’’ and inserting the following: 
‘‘(C) BUDGET
REQUEST.—In the budget 
request’’; and 
(B) by indenting clauses (i) and (ii) appro-
priately; and 
(3) in subparagraph (D)— 
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(A) in the matter preceding clause (i), by 
striking ‘‘that require that:’’ and inserting 
‘‘that require the following:’’; 
(B) in clause (i), by striking ‘‘annually for 
inflation for other buildings:’’ in the matter pre-
ceding subclause (I) and all that follows 
through ‘‘(III) Sustainable design principles’’ 
and inserting ‘‘annually for inflation for other 
buildings, sustainable design principles’’; 
(C) in clause (v), by striking ‘‘clause 
(i)(III)’’ each place it appears and inserting 
‘‘clause (i)’’; and 
(D) in clause (vi)— 
(i) by striking ‘‘subclauses (I) and 
(III) of’’; and 
(ii) by striking ‘‘energy savings, sus-
tainable design, and green building per-
formance’’ and inserting ‘‘sustainable de-
sign and green building performance’’. 
(c) FEDERAL COMPLIANCE.—Section 306 of the En-
ergy Conservation and Production Act (42 U.S.C. 6835) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
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(i) by striking ‘‘(1) The head’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—The head’’; and 
(ii) by striking ‘‘assure that new Fed-
eral buildings’’ and inserting ‘‘ensure that 
new Federal buildings and Federal build-
ings with major renovations’’; and 
(B) in paragraph (2)— 
(i) by striking the second sentence 
and inserting the following: 
‘‘(B) PROCEDURES.—The Architect of the 
Capitol shall adopt procedures necessary to en-
sure that the buildings referred to in subpara-
graph (A) meet or exceed the standards de-
scribed in that subparagraph.’’; and 
(ii) in the first sentence— 
(I) by inserting ‘‘and Federal 
buildings with major renovations’’ 
after ‘‘new buildings’’; and 
(II) by striking ‘‘(2) The Fed-
eral’’ and inserting the following: 
‘‘(2) APPLICABILITY.— 
‘‘(A) IN GENERAL.—The Federal’’; and 
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(2) in subsection (b), by striking the enu-
merator and heading and all that follows through 
‘‘new Federal building’’ and inserting the following: 
‘‘(b) 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 renova-
tions’’. 
Æ 
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