II 113th CONGRESS 1st Session S. 1199 IN THE SENATE OF THE UNITED STATES June 20, 2013 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. Short title This Act may be cited as the All-Of-The-Above Federal Building Energy Conservation Act of 2013 . 2. Energy performance requirement for Federal buildings Section 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(a) ) is amended— (1) by striking subsection (a) and inserting the following: (a) Energy performance requirement for Federal buildings (1) Requirement Subject to paragraph (2), 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 2006 through 2020 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in fiscal year 2003, 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 2018 39 2019 42 2020 45. (2) Exclusion for buildings with energy intensive 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) in which energy 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, 2016, the Secretary shall review the results of the implementation of the energy performance requirements established under paragraph (1). (4) Subsequent fiscal years The Secretary may amend or set energy performance requirements for Federal buildings for each of fiscal years 2018 through 2025 by a rule that— (A) includes cost-benefit analysis and an opportunity for public comment; (B) establishes levels that are technically feasible and economically justifiable; and (C) considers any energy- and water-saving measures identified in evaluations conducted under subsection (f)(3). ; 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 ongoing 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 under subparagraph (A) shall consider use of a system to manage energy use at the facility and certification of the facility in accordance with the International Organization for Standardization standard numbered 50001 and entitled Energy Management Systems . ; (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 All-Of-The-Above Federal Building Energy Conservation Act of 2013, and annually thereafter, 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 each 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 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 period preceding the date of the evaluation; (ii) (I) has been commissioned, recommissioned, or retrocommissioned during the 10-year period preceding the date of the evaluation; or (II) is under ongoing commissioning; (iii) has not had a major change in function or use since the previous evaluation and commissioning; (iv) has been benchmarked with public 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 subsection (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 (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 (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 The energy manager shall, as part of the certification system under paragraph (7), explain the reasons why any life-cycle cost effective measures were not implemented under subparagraph (A) using guidelines developed by the Secretary. ; and (D) in paragraph (7)(C), by adding at the end the following: (iii) Summary report The Secretary shall make available a report that summarizes the information tracked under subparagraph (B)(i) by each agency and, as applicable, by each type of measure. . 3. Federal building energy efficiency performance standards; certification system and level for green buildings (a) Definitions Section 303 of the Energy Conservation and Production Act ( 42 U.S.C. 6832 ) is amended— (1) in paragraph (6), by striking to be constructed 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 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 subparagraph (B) and inserting the following: (3) Revised Federal building energy efficiency 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 All-Of-The-Above Federal Building Energy Conservation Act of 2013 and after the date of approval of each subsequent revision of ASHRAE Standard 90.1 or the International Energy Conservation Code, as appropriate, 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— (aa) meet or exceed the most recent revision of the International Energy Conservation Code (in the case of residential buildings) or ASHRAE Standard 90.1 (in the case of commercial buildings) that the Secretary determines saves energy compared to previous versions of the Code or Standard; and (bb) meet or exceed the energy provisions of state and local building codes applicable to the building, if the codes are more stringent than the International Energy Conservation Code or ASHRAE Standard 90.1, as applicable; (II) unless demonstrated not to be life-cycle cost effective for new Federal buildings and Federal buildings with major renovations— (aa) the buildings be designed to achieve energy consumption levels that are at least 30 percent below the levels established in the version of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, that is applied under clause (i); and (bb) sustainable design principles are applied to the siting, design, and construction of all new Federal buildings and replacement Federal buildings; (III) if water is used to achieve energy efficiency, water conservation technologies shall be applied to the extent 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 Federal buildings and systems that have been added to or altered. ; (B) in subparagraph (C), by striking (C) In the budget request and inserting the following: (B) Budget request In the budget request ; and (C) in subparagraph (D)— (i) by striking clause (D) Not later than and all that follows through the first sentence of subclause (III) and inserting the following: (C) Certification for green buildings (i) In general ; (ii) by striking clause (ii); (iii) in clause (iii), by striking (iii) In identifying and inserting the following: (ii) Considerations In identifying ; (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 processes 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 housing With respect ; and (II) by striking develop alternative criteria to those established by subclauses (I) and (III) of clause (i) that achieve an equivalent result in terms of energy savings, sustainable design, and and inserting develop alternative certification systems and levels than the systems and levels identified 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 technologies In addition to ; and (2) by striking subsections (c) and (d) and inserting 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 energy savings would result, upgrade the standards to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified. .