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Code · BILL · 116th Congress · S. 2137 (Introduced in Senate) — To promote energy savings in residential buildings and industry, and for other purposes. · Sec. 421

Sec. 421. Energy and water performance requirements for Federal buildings

1,433 words·~7 min read·/bill/116/s/2137/is/section-421

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Section 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253 ) is amended— in the section heading, by inserting after and water ; Energy by striking subsection
(a)and inserting the following: Subject to paragraph (3), to the maximum extent life cycle cost-effective (as defined in subsection (f)(1)), 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 consumption per gross square foot of the Federal buildings of the agency in fiscal year 2018, by the percentage specified in the following table: Percentage Fiscal Year Reduction 2020 2.5 2021 5 2022 7.5 2023 10 2024 12.5 2025 15 2026 17.5 2027 20. Subject to paragraph (3), the head of each Federal agency shall, for each of fiscal years 2020 through 2030, improve water use efficiency and management, including stormwater management, at facilities of the agency by reducing agency potable water consumption intensity— by 54 percent by fiscal year 2030, relative to the water consumption of the agency in fiscal year 2007, through reductions of 2 percent each fiscal year (as measured in gallons per gross square foot); by reducing the industrial, landscaping, and agricultural water consumption of the agency, as compared to a baseline of that consumption by the agency in fiscal year 2010, through reductions of 2 percent each fiscal year (as measured in gallons); and by installing appropriate infrastructure features on federally owned property to improve stormwater and wastewater management. An agency may exclude from the requirements of paragraphs
(1)and
(2)any building (including the associated energy consumption and gross square footage of the building) in which energy and water intensive activities are carried out. Each agency shall identify 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. Not later than December 31, 2026, the Secretary shall— review the results of the implementation of the energy and water performance requirements established under paragraph (1); submit to Congress recommendations concerning energy performance requirements for fiscal years 2028 through 2037; and submit to Congress recommendations concerning water performance requirements for fiscal years 2031 through 2040. ; in subsection (b)— in the subsection heading, by inserting after and water ; Energy by redesignating paragraphs
(2)through
(4)as paragraphs
(3)through (5), respectively; and by striking paragraph
(1)and inserting the following: Each agency shall— not later than October 1, 2019, to the maximum extent practicable, 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 (as defined in subsection (f)(1)); and complete the installation described in subparagraph
(A)as soon as practicable after the date referred to in that subparagraph. If an agency fails to comply with paragraph (1), the agency shall submit to the Secretary, using guidelines developed by the Secretary, an explanation of the reasons for the failure. Not later than October 1, 2021, and every 2 years thereafter, the Secretary shall submit to Congress a report that describes any noncompliance by an agency with the requirements of paragraph (1). ; in subsection (c)(1)— in subparagraph (A)— in the matter preceding clause (i), by striking An agency and inserting The head of each agency ; and by inserting or water after energy each place it appears; and in subparagraph (B)(i), by inserting or water after energy ; in subsection (d)(2), by inserting and water after energy ; in subsection (e)— in the subsection heading, by inserting and Water after Energy ; in paragraph (1)— in the first sentence— by striking October 1, 2012 and inserting October 1, 2020 ; by inserting and water after energy ; and by inserting and water after electricity ; in the second sentence, by inserting and water after electricity ; and in the fourth sentence, by inserting and water after energy ; in paragraph (2)— in subparagraph (A)— by striking and before Federal ; and by inserting and any other person the Secretary deems necessary, before shall ; in subparagraph (B)— in clause (i)(II), by inserting and water after energy each place it appears; in clause (ii), by inserting and water after energy ; and in clause (iv), by inserting and water after energy ; and by adding at the end the following: Not later than 180 days after the date of enactment of this subparagraph, the Secretary shall update the guidelines established under subparagraph
(A)to take into account water efficiency requirements under this section. ; in paragraph (3), in the matter preceding subparagraph (A), by striking established under paragraph
(2)and inserting updated under paragraph (2)(C) ; and in paragraph (4)— in subparagraph (A)— by striking this paragraph and inserting the Energy Savings and Industrial Competitiveness Act of 2019 ; and by inserting and water before use in ; and in subparagraph (B)(ii), in the matter preceding clause (I), by inserting and water after energy ; and in subsection (f)— in paragraph (1)— by redesignating subparagraphs (E), (F), and
(G)as subparagraphs (F), (G), and (H), respectively; and by inserting after subparagraph
(D)the following: 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. ; in paragraph (2)— in subparagraph (A), by inserting and water before use ; in subparagraph (B)— by striking energy before efficiency ; and by inserting or water before use ; and by adding at the end the following: An energy manager designated for a facility under subparagraph
(A)shall take into consideration— the use of a system to manage energy and water use at the facility; and the applicability of the certification of the facility in accordance with the International Organization for Standardization standard numbered 50001 and entitled Energy Management Systems . ; by striking paragraphs
(3)and
(4)and inserting the following: Except as provided in subparagraph (B), not later than the date that is 180 days after the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2019 , and annually thereafter, each energy manager shall complete, for the preceding calendar year, a comprehensive energy and water evaluation and recommissioning or retrocommissioning for approximately 25 percent of the facilities of the applicable agency that meet the criteria under paragraph (2)(B) in a manner that ensures that an evaluation of each facility is completed not less frequently than once every 4 years. An evaluation and recommissioning or retrocommissioning shall not be required under subparagraph
(A)with respect to a facility that, as of the date on which the evaluation and recommissioning or re­tro­com­mis­sion­ing would occur— has had a comprehensive energy and water evaluation during the preceding 8-year period; has been commissioned, recommissioned, or retrocommissioned during the preceding 10-year period; or is under ongoing commissioning, recommissioning, or retrocomissioning; has not had a major change in function or use since the previous evaluation and recommissioning or re­tro­com­mis­sion­ing; has been benchmarked with public disclosure under paragraph
(8)during the preceding calendar year; and based on the benchmarking described in clause (iv), has achieved at a facility level the most recent cumulative energy savings target under subsection
(a)compared to the earlier of— the date of the most recent evaluation; or the date— of the most recent commissioning, recommissioning, or retrocommissioning; or on which ongoing commissioning began; or has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause (I). Not later than 2 years after the date of completion of each evaluation under paragraph (3), each energy manager shall— implement any energy- or water-saving measure that the Federal agency identified in the evaluation that is life cycle cost-effective; and bundle individual measures of varying paybacks together into combined projects. ; in paragraph (7)(B)(ii)(II), by inserting and water after energy ; and in paragraph (9)(A), in the matter preceding clause (i), by inserting and water after energy . The table of contents for the National Energy Conservation Policy Act ( Public Law 95–619 ; 92 Stat. 3206) is amended by striking the item relating to section 543 and inserting the following: Sec. 543. Energy and water management requirements. .
Connectionstraces to 1
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  • Pub. L. 95-619
  • 92 Stat. 3206
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cites case law
Sec. 421
Energy and water performance requirements for Federal buildings
Pub. L.Pub. L. 95-619
Stat.92 Stat. 3206
Cites 3Cited by 0 across 0 sources
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