137 
sumption and gross square footage) in which en-
ergy intensive activities are carried out. 
‘‘(B) REPORTS.—Each agency shall identify 
and list in each report made under section 
548(a) the buildings designated by the agency for 
exclusion under subparagraph (A). 
‘‘(3) REVIEW.—Not later than December 31, 
2017, the Secretary shall— 
‘‘(A) review the results of the implementa-
tion of the energy performance requirements es-
tablished under paragraph (1); and 
‘‘(B) based on the review conducted under 
subparagraph (A), submit to Congress a report 
that addresses the feasibility of requiring each 
agency to apply energy conservation measures to, 
and 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 each of fiscal 
years 2018 through 2030 is reduced, as compared 
with the energy consumption per gross square 
foot of the Federal buildings of the agency in the 
prior fiscal year, by 3 percent.’’; and 
(2) in subsection (f)— 
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(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 ongoing proc-
ess of commissioning using monitored data, the 
primary goal of which is to ensure continuous 
optimum performance of a facility, in accord-
ance 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 under subparagraph 
(A) shall consider use of a system to manage en-
ergy use at the facility and certification of the 
facility in accordance with the International Or-
ganization for Standardization standard num-
bered 50001 and entitled ‘Energy Management 
Systems’.’’; 
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(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), effective beginning on the 
date that is 180 days after the date of enactment 
of the North American Energy Security and In-
frastructure Act of 2015, and annually there-
after, each energy manager shall complete, for 
each calendar year, a comprehensive energy and 
water 
evaluation 
and 
recommissioning 
or 
retrocommissioning for approximately 25 percent 
of the facilities of that energy manager’s agency 
that meet the criteria under paragraph (2)(B) in 
a manner that ensures that an evaluation of 
each facility is completed at least once every 4 
years. 
‘‘(B) EXCEPTIONS.—An evaluation and re-
commissioning or recommissioning shall not be 
required under subparagraph (A) with respect to 
a facility that— 
‘‘(i) has had a comprehensive energy 
and water evaluation during the 8-year pe-
riod preceding the date of the evaluation; 
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‘‘(ii)(I) has been commissioned, re-
commissioned, or retrocommissioned during 
the 10-year period preceding the date of the 
evaluation; or 
‘‘(II) is under ongoing commissioning, 
recommissioning, or retrocommissioning; 
‘‘(iii) has not had a major change in 
function or use since the previous evalua-
tion and commissioning, recommissioning, 
or retrocommissioning; 
‘‘(iv) has been benchmarked with pub-
lic disclosure under paragraph (8) within 
the year preceding the evaluation; and 
‘‘(v)(I) based on the benchmarking, has 
achieved at a facility level the most recent 
cumulative energy savings target under sub-
section (a) compared to the earlier of— 
‘‘(aa) the date of the most recent 
evaluation; or 
‘‘(bb) the date— 
‘‘(AA) of the most recent 
commissioning, recommissioning, 
or retrocommissioning; or 
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‘‘(BB) on which ongoing 
commissioning, recommissioning, 
or retrocommissioning 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.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of completion of each evaluation 
under paragraph (3), each energy manager 
may— 
‘‘(i) implement any energy- or water- 
saving measure that the Federal agency 
identified in the evaluation conducted under 
paragraph (3) that is life-cycle cost effective; 
and 
‘‘(ii) bundle individual measures of 
varying paybacks together into combined 
projects. 
‘‘(B) MEASURES NOT IMPLEMENTED.—Each 
energy manager, as part of the certification sys-
tem under paragraph (7) and using guidelines 
developed by the Secretary, shall provide an ex-
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planation regarding any life-cycle cost-effective 
measures described in subparagraph (A)(i) that 
have not been implemented.’’; and 
(D) in paragraph (7)(C), by adding at the 
end the following: 
‘‘(iii) SUMMARY
REPORT.—The Sec-
retary shall make publicly available a re-
port that summarizes the information 
tracked under subparagraph (B)(i) by each 
agency and, as applicable, by each type of 
measure.’’. 
SEC. 4116. FEDERAL BUILDING ENERGY EFFICIENCY PER-
FORMANCE STANDARDS; CERTIFICATION SYS-
TEM AND LEVEL FOR FEDERAL BUILDINGS. 
(a) DEFINITIONS.—Section 303 of the Energy Con-
servation and Production Act (42 U.S.C. 6832) is amend-
ed— 
(1) in paragraph (6), by striking ‘‘to be con-
structed’’ and inserting ‘‘constructed or altered’’; and 
(2) by adding at the end the following: 
‘‘(17) MAJOR
RENOVATION.—The term ‘major 
renovation’ means a modification of building energy 
systems sufficiently extensive that the whole building 
can meet energy standards for new buildings, based 
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on criteria to be established by the Secretary through 
notice and comment rulemaking.’’. 
(b) FEDERAL BUILDING EFFICIENCY STANDARDS.— 
Section 305 of the Energy Conservation and Production Act 
(42 U.S.C. 6834) is amended— 
(1) in subsection (a)(3)— 
(A) by striking ‘‘(3)(A) Not later than’’ and 
all that follows through the end of subparagraph 
(B) and inserting the following: 
‘‘(3) REVISED FEDERAL BUILDING ENERGY EFFI-
CIENCY
PERFORMANCE
STANDARDS; CERTIFICATION 
FOR GREEN BUILDINGS.— 
‘‘(A) REVISED FEDERAL BUILDING ENERGY 
EFFICIENCY PERFORMANCE STANDARDS.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the 
North American Energy Security and In-
frastructure Act of 2015, the Secretary shall 
establish, by rule, revised Federal building 
energy efficiency performance standards 
that require that— 
‘‘(I) new Federal buildings and 
alterations and additions to existing 
Federal buildings— 
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‘‘(aa) meet or exceed the most 
recent revision of the IECC (in 
the case of residential buildings) 
or ASHRAE Standard 90.1 (in 
the case of commercial buildings) 
as of the date of enactment of the 
North American Energy Security 
and Infrastructure Act of 2015; 
and 
‘‘(bb) meet or exceed the en-
ergy provisions of State and local 
building codes applicable to the 
building, if the codes are more 
stringent 
than 
the 
IECC 
or 
ASHRAE Standard 90.1, as ap-
plicable; 
‘‘(II) unless demonstrated not to 
be life-cycle cost effective for new Fed-
eral buildings and Federal buildings 
with major renovations— 
‘‘(aa) the buildings be de-
signed to achieve energy consump-
tion levels that are at least 30 
percent below the levels established 
in the version of the ASHRAE 
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145 
Standard or the IECC, as appro-
priate, that is applied under sub-
clause (I)(aa), including updates 
under subparagraph (B); 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; 
‘‘(III) 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 
‘‘(IV) if life-cycle cost effective, as 
compared to other reasonably available 
technologies, not less than 30 percent of 
the hot water demand for each new 
Federal building or Federal building 
undergoing a major renovation be met 
through the installation and use of 
solar hot water heaters. 
‘‘(ii) LIMITATION.—Clause (i)(I) shall 
not apply to unaltered portions of existing 
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146 
Federal buildings and systems that have 
been added to or altered. 
‘‘(B) UPDATES.—Not later than 1 year 
after the date of approval of each subsequent re-
vision of ASHRAE Standard 90.1 or the IECC, 
as appropriate, the Secretary shall determine 
whether the revised standards established under 
subparagraph (A) should be updated to reflect 
the revisions, based on the energy savings and 
life-cycle cost effectiveness of the revisions.’’; 
(B) in subparagraph (C), by striking ‘‘(C) 
In the budget request’’ and inserting the fol-
lowing: 
‘‘(C) BUDGET REQUEST.—In the budget re-
quest’’; and 
(C) in subparagraph (D)— 
(i) by striking ‘‘(D) Not later than’’ 
and all that follows through the end of the 
first sentence of clause (i)(III) and inserting 
the following: 
‘‘(D) CERTIFICATION
FOR
GREEN
BUILD-
INGS.— 
‘‘(i) IN GENERAL.—’’; 
(ii) by striking clause (ii); 
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(iii) in clause (iii), by striking ‘‘(iii) 
In identifying’’ and inserting the following: 
‘‘(ii) 
CONSIDERATIONS.—In 
identi-
fying’’; 
(iv) in clause (iv)— 
(I) by striking ‘‘(iv) At least 
once’’ and inserting the following: 
‘‘(iii) STUDY.—At least once’’; and 
(II) by striking ‘‘clause (iii)’’ and 
inserting ‘‘clause (ii)’’; 
(v) in clause (v)— 
(I) by striking ‘‘(v) The Secretary 
may’’ and inserting the following: 
‘‘(iv) INTERNAL CERTIFICATION PROC-
ESSES.—The Secretary may’’; and 
(II) by striking ‘‘clause (i)(III)’’ 
each place it appears and inserting 
‘‘clause (i)’’; 
(vi) in clause (vi)— 
(I) by striking ‘‘(vi) With respect’’ 
and inserting the following: 
‘‘(v) 
PRIVATIZED
MILITARY
HOUS-
ING.—With respect’’; and 
(II) by striking ‘‘develop alter-
native criteria to those established by 
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subclauses (I) and (III) of clause (i) 
that achieve an equivalent result in 
terms of energy savings, sustainable de-
sign, and’’ and inserting ‘‘develop al-
ternative certification systems and lev-
els than the systems and levels identi-
fied under clause (i) that achieve an 
equivalent result in terms of’’; and 
(vii) in clause (vii), by striking ‘‘(vii) 
In addition to’’ and inserting the following: 
‘‘(vi) WATER
CONSERVATION
TECH-
NOLOGIES.—In addition to’’; and 
(2) by striking subsections (c) and (d) and in-
serting the following: 
‘‘(c) PERIODIC REVIEW.—The Secretary shall— 
‘‘(1) every 5 years, review the Federal building 
energy standards established under this section; and 
‘‘(2) on completion of a review under paragraph 
(1), if the Secretary determines that significant en-
ergy savings would result, upgrade the standards to 
include all new energy efficiency and renewable en-
ergy measures that are technologically feasible and 
economically justified.’’. 
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149 
SEC. 4117. OPERATION OF BATTERY RECHARGING STA-
TIONS IN PARKING AREAS USED BY FEDERAL 
EMPLOYEES. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—The head of any office of the 
Federal Government which owns or operates a park-
ing area for the use of its employees (either directly 
or indirectly through a contractor) may install, con-
struct, operate, and maintain on a reimbursable basis 
a battery recharging station in such area for the use 
of privately owned vehicles of employees of the office 
and others who are authorized to park in such area. 
(2) USE OF VENDORS.—The head of an office 
may carry out paragraph (1) through a contract with 
a vendor, under such terms and conditions (including 
terms relating to the allocation between the office and 
the vendor of the costs of carrying out the contract) 
as the head of the office and the vendor may agree to. 
(b) IMPOSITION OF FEES TO COVER COSTS.— 
(1) FEES.—The head of an office of the Federal 
Government which operates and maintains a battery 
recharging station under this section shall charge fees 
to the individuals who use the station in such amount 
as is necessary to ensure that office recovers all of the 
costs it incurs in installing, constructing, operating, 
and maintaining the station. 
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(2) DEPOSIT AND AVAILABILITY OF FEES.—Any 
fees collected by the head of an office under this sub-
section shall be— 
(A) deposited monthly in the Treasury to 
the credit of the appropriations account for sala-
ries and expenses of the office; and 
(B) available for obligation without further 
appropriation during— 
(i) the fiscal year collected; and 
(ii) the fiscal year following the fiscal 
year collected. 
(c) NO EFFECT ON EXISTING PROGRAMS FOR HOUSE 
AND SENATE.—Nothing in this section may be construed 
to affect the installation, construction, operation, or main-
tenance of battery recharging stations by the Architect of 
the Capitol— 
(1) under Public Law 112–170 (2 U.S.C. 2171), 
relating to employees of the House of Representatives 
and individuals authorized to park in any parking 
area under the jurisdiction of the House of Represent-
atives on the Capitol Grounds; or 
(2) under Public Law 112–167 (2 U.S.C. 2170), 
relating to employees of the Senate and individuals 
authorized to park in any parking area under the ju-
risdiction of the Senate on the Capitol Grounds. 
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151 
(d) EFFECTIVE DATE.—This section shall apply with 
respect to fiscal year 2016 and each succeeding fiscal year. 
CHAPTER 2—ENERGY EFFICIENT 
TECHNOLOGY AND MANUFACTURING 
SEC. 4121. INCLUSION OF SMART GRID CAPABILITY ON EN-
ERGY GUIDE LABELS. 
Section 324(a)(2) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6294(a)(2)) is amended by adding the 
following at the end: 
‘‘(J) SMART GRID CAPABILITY ON ENERGY 
GUIDE LABELS.— 
‘‘(i) RULE.—Not later than 1 year 
after the date of enactment of this subpara-
graph, the Commission shall initiate a rule-
making to consider making a special note 
in a prominent manner on any Energy 
Guide label for any product that includes 
Smart Grid capability that— 
‘‘(I) Smart Grid capability is a 
feature of that product; 
‘‘(II) the use and value of that 
feature depend on the Smart Grid ca-
pability of the utility system in which 
the product is installed and the active 
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152 
utilization of that feature by the cus-
tomer; and 
‘‘(III) on a utility system with 
Smart Grid capability, the use of the 
product’s Smart Grid capability could 
reduce the customer’s cost of the prod-
uct’s annual operation as a result of 
the incremental energy and electricity 
cost savings that would result from the 
customer taking full advantage of such 
Smart Grid capability. 
‘‘(ii) DEADLINE.—Not later than 3 
years after the date of enactment of this 
subparagraph, the Commission shall com-
plete the rulemaking initiated under clause 
(i).’’. 
SEC. 4122. VOLUNTARY VERIFICATION PROGRAMS FOR AIR 
CONDITIONING, 
FURNACE, 
BOILER, 
HEAT 
PUMP, AND WATER HEATER PRODUCTS. 
Section 326(b) of the Energy Policy and Conservation 
Act (42 U.S.C. 6296(b)) is amended by adding at the end 
the following: 
‘‘(6) VOLUNTARY VERIFICATION PROGRAMS FOR 
AIR CONDITIONING, FURNACE, BOILER, HEAT PUMP, 
AND WATER HEATER PRODUCTS.— 
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‘‘(A) 
RELIANCE
ON
VOLUNTARY
PRO-
GRAMS.—For the purpose of verifying compli-
ance with energy conservation standards estab-
lished under sections 325 and 342 for covered 
products described in paragraphs (3), (4), (5), 
(9), and (11) of section 322(a) and covered 
equipment described in subparagraphs (B), (C), 
(D), (F), (I), (J), and (K) of section 340(1), the 
Secretary shall rely on testing conducted by rec-
ognized voluntary verification programs that are 
recognized by the Secretary in accordance with 
subparagraph (B). 
‘‘(B) 
RECOGNITION
OF
VOLUNTARY 
VERIFICATION PROGRAMS.— 
‘‘(i) IN GENERAL.—Not later than 180 
days after the date of enactment of this 
paragraph, the Secretary shall initiate a 
negotiated rulemaking in accordance with 
subchapter III of chapter 5 of title 5, 
United States Code (commonly known as 
the ‘Negotiated Rulemaking Act of 1990’) to 
develop criteria that have consensus support 
for achieving recognition by the Secretary 
as an approved voluntary verification pro-
gram. Any subsequent amendment to such 
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154 
criteria may be made only pursuant to a 
subsequent negotiated rulemaking in accord-
ance with subchapter III of chapter 5 of 
title 5, United States Code. 
‘‘(ii) MINIMUM
REQUIREMENTS.—The 
criteria developed under clause (i) shall, at 
a minimum, ensure that a voluntary 
verification program— 
‘‘(I) is nationally recognized; 
‘‘(II) is operated by a third party 
and not directly operated by a pro-
gram participant; 
‘‘(III) satisfies any applicable ele-
ments of— 
‘‘(aa) International Organi-
zation for Standardization stand-
ard numbered 17025; and 
‘‘(bb) 
any 
other 
relevant 
International 
Organization 
for 
Standardization standards identi-
fied and agreed to through the ne-
gotiated rulemaking under clause 
(i); 
‘‘(IV) at least annually tests inde-
pendently obtained products following 
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the test procedures established under 
this title to verify the certified rating 
of a representative sample of products 
and equipment within the scope of the 
program; 
‘‘(V) maintains a publicly avail-
able list of all ratings of products sub-
ject to verification; 
‘‘(VI) requires the changing of the 
performance rating or removal of the 
product or equipment from the pro-
gram if testing determines that the 
performance rating does not meet the 
levels the manufacturer has certified to 
the Secretary; 
‘‘(VII) requires new program par-
ticipants 
to 
substantiate 
ratings 
through test data generated in accord-
ance with Department of Energy regu-
lations; 
‘‘(VIII) allows for challenge test-
ing of products and equipment within 
the scope of the program; 
‘‘(IX) requires program partici-
pants to disclose the performance rat-
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ing of all covered products and equip-
ment within the scope of the program 
for the covered product or equipment; 
‘‘(X) provides to the Secretary— 
‘‘(aa) an annual report of all 
test results, the contents of which 
shall be determined through the 
negotiated 
rulemaking 
process 
under clause (i); and 
‘‘(bb) test reports, on the re-
quest of the Secretary, that note 
any instructions specified by the 
manufacturer or the representa-
tive of the manufacturer for the 
purpose 
of 
conducting 
the 
verification testing, to be exempt-
ed from disclosure under section 
552(b)(4) of title 5, United States 
Code; and 
‘‘(XI) satisfies any additional re-
quirements or standards that the Sec-
retary shall establish consistent with 
this subparagraph. 
‘‘(iii) CESSATION OF RECOGNITION.— 
The Secretary may only cease recognition of 
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a voluntary verification program as an ap-
proved program described in subparagraph 
(A) upon a finding that the program is not 
meeting its obligations for compliance 
through program review criteria developed 
during the negotiated rulemaking conducted 
under subparagraph (B). 
‘‘(C) ADMINISTRATION.— 
‘‘(i) IN GENERAL.—The Secretary shall 
not require— 
‘‘(I) manufacturers to participate 
in a recognized voluntary verification 
program described in subparagraph 
(A); or 
‘‘(II) participating manufacturers 
to provide information that has al-
ready been provided to the Secretary. 
‘‘(ii) LIST OF COVERED PRODUCTS.— 
The Secretary may maintain a publicly 
available list of covered products and equip-
ment that distinguishes between products 
that are and are not covered products and 
equipment verified through a recognized vol-
untary verification program described in 
subparagraph (A). 
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158 
‘‘(iii) PERIODIC
VERIFICATION
TEST-
ING.—The Secretary— 
‘‘(I) shall not subject products or 
equipment that have been verification 
tested under a recognized voluntary 
verification program described in sub-
paragraph (A) to periodic verification 
testing to verify the accuracy of the 
certified performance rating of the 
products or equipment; but 
‘‘(II) may require testing of prod-
ucts or equipment described in sub-
clause (I)— 
‘‘(aa) if the testing is nec-
essary— 
‘‘(AA) to assess the over-
all performance of a vol-
untary verification program; 
‘‘(BB) to address spe-
cific performance issues; 
‘‘(CC) for use in updat-
ing 
test 
procedures 
and 
standards; or 
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177 
‘‘(2) VALIDATION
BY
SECRETARY.—Not later 
than 90 days after a State or Indian tribe certifi-
cation under paragraph (1), the Secretary shall— 
‘‘(A) determine whether the code provisions 
of the State or Indian tribe, respectively, meet 
the criteria specified in paragraph (1); 
‘‘(B) determine whether the certification 
submitted by the State or Indian tribe, respec-
tively, is complete; and 
‘‘(C) if the requirements of subparagraph 
(B) are satisfied, validate the certification. 
‘‘(3) LIMITATION.—Nothing in this section shall 
be interpreted to require a State or Indian tribe to 
adopt any building code or provision within a code. 
‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH BUILDING 
ENERGY CODES.— 
‘‘(1) REQUIREMENT.— 
‘‘(A) IN GENERAL.—Not later than 3 years 
after the date of a certification under subsection 
(b), each State and Indian tribe shall certify 
whether or not the State or Indian tribe, respec-
tively, has— 
‘‘(i) achieved full compliance under 
paragraph (3) with the applicable certified 
State or Indian tribe building energy code 
VerDate Sep 11 2014 
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