I 
116TH CONGRESS 
1ST SESSION H. R. 2664 
To improve energy performance in Federal buildings, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 10, 2019 
Mr. CARTER of Georgia (for himself and Mr. VEASEY) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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 2019’’. 
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) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) ENERGY PERFORMANCE REQUIREMENT
FOR 
FEDERAL BUILDINGS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
to the maximum extent life cycle cost-effective, each 
agency shall apply energy conservation measures to, 
and shall improve the design for the construction of, 
the Federal buildings of the agency (including each 
industrial or laboratory facility) so that the energy 
consumption per gross square foot of the Federal 
buildings of the agency in fiscal years 2020 through 
2027 is reduced, as compared with the energy con-
sumption per gross square foot of the Federal build-
ings of the agency in fiscal year 2018, by the per-
centage specified in the following table: 
‘‘Fiscal Year 
Percentage 
Reduction 
2020 ..............................................................
2.5
2021 ..............................................................
2022 ..............................................................
7.5
2023 ..............................................................
2024 ..............................................................
12.5
2025 ..............................................................
2026 ..............................................................
17.5
2027 ..............................................................
20. 
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‘‘(2) EXCLUSION FOR BUILDINGS WITH ENERGY 
INTENSIVE ACTIVITIES.— 
‘‘(A) IN
GENERAL.—An agency may ex-
clude from the requirements of paragraph (1) 
any building (including the associated energy 
consumption and gross square footage of the 
building) in which energy intensive activities are 
carried out. 
‘‘(B) REPORTS.—Each agency shall iden-
tify and include in each report under section 
548(a) each building designated by the agency 
for exclusion under subparagraph (A) during 
the period covered by the report. 
‘‘(3) RECOMMENDATIONS.—Not later than De-
cember 31, 2026, the Secretary shall— 
‘‘(A) review the results of the implementa-
tion of the energy performance requirement es-
tablished under paragraph (1); and 
‘‘(B) submit to Congress recommendations 
concerning energy performance requirements 
for fiscal years 2028 through 2037. 
‘‘(b) ENERGY MANAGEMENT REQUIREMENT
FOR 
FEDERAL AGENCIES.— 
‘‘(1) IN GENERAL.—Each agency shall— 
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‘‘(A) not later than October 1, 2019, begin 
installing in Federal buildings owned by the 
United States all energy and water conservation 
measures determined by the Secretary to be 
life-cycle cost-effective; and 
‘‘(B) complete the installation described in 
subparagraph (A) as soon as practicable after 
the date referred to in that subparagraph. 
‘‘(2) EXPLANATION OF NONCOMPLIANCE.— 
‘‘(A) IN GENERAL.—If an agency fails to 
comply with paragraph (1), the agency shall 
submit to the Secretary, using guidelines devel-
oped by the Secretary, an explanation of the 
reasons for the failure. 
‘‘(B) REPORT
TO
CONGRESS.—Not later 
than October 1, 2021, and every 2 years there-
after, the Secretary shall submit to Congress a 
report describing any noncompliance with the 
requirements of paragraph (1).’’; 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 
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(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— 
‘‘(i) the use of a system to manage 
energy use at the facility; and 
‘‘(ii) the 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: 
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‘‘(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 2019, 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. 
‘‘(B) EXCEPTIONS.—An evaluation and re-
commissioning or retrocommissioning shall not 
be required under subparagraph (A) with re-
spect to a facility that, as of the date on which 
the 
evaluation 
and 
recommissioning 
or 
retrocommissioning would otherwise occur— 
‘‘(i) has had a comprehensive energy 
and water evaluation during the preceding 
8-year period; 
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‘‘(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— 
‘‘(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 
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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.’’. 
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), 
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(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
ENERGY
EFFICIENCY 
STANDARDS.—Section 305(a)(2)(A) of the Energy Con-
servation and Production Act (42 U.S.C. 6834(a)(2)(A)) 
is amended by striking ‘‘the 2004 International Energy 
Conservation Code (in the case of residential buildings) 
or ASHRAE Standard 90.1–2004 (in the case of commer-
cial buildings)’’ and inserting ‘‘the most recently published 
edition of the International Energy Conservation Code (in 
the case of residential buildings) or ASHRAE Standard 
90.1 (in the case of commercial buildings) on the date of 
enactment of the All-of-the-Above Federal Building En-
ergy Conservation Act of 2019’’. 
(c) REVISED
FEDERAL
BUILDING
EFFICIENCY 
STANDARDS.—Section 305(a)(3) of the Energy Conserva-
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tion and Production Act (42 U.S.C. 6834(a)(3)) is amend-
ed— 
(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 2019, 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 
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‘‘(III) if life-cycle cost-effective, 
as compared to other reasonably avail-
able technologies, not less than 30 
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) and the Federal building energy 
standards established under paragraph (1) 
should be updated to reflect the revisions, based 
on the energy savings and life-cycle cost-effec-
tiveness 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 
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(B) by indenting clauses (i) and (ii) appro-
priately; and 
(3) in subparagraph (D)— 
(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’’. 
(d) FEDERAL COMPLIANCE.—Section 306 of the En-
ergy Conservation and Production Act (42 U.S.C. 6835) 
is amended— 
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(1) in subsection (a)— 
(A) in paragraph (1)— 
(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 subsection 
designation 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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