Sec. 2. Federal building leasing
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Section 435 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17091 ) is amended to read as follows: In this section, the term lessor means any individual, firm, partnership, limited liability company, trust, association, State, unit of local government, or legal entity that is the rightful owner of a property leased to the Federal Government. Except as provided in subsection (c), effective beginning on the date that is 1 year after the date of enactment of the GREEN Building Jobs Act of 2021 , no Federal agency shall enter into a contract to lease space unless— the space is for a building or space in a building that— in the most recent year, has earned the Energy Star label under the Energy Star program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ); and has obtained or will obtain as a required performance specification a green building certification consistent with recommendations of the Administrator based on the review of high-performance building certification systems carried out by the Administrator pursuant to section 436(h); and the contract includes— a requirement for the lessor of the building to disclose data on consumption of utilities (energy and water)— for the portion of the building occupied by the agency; and that is provided by the lessor through submetering or an alternative method identified by the Administrator for buildings lacking submeters; and 1 or more mechanisms to ensure that the lessor of the building takes reasonable steps to maintain the requirements of the building described in subparagraph (A).
In determining the geographic location of a space to lease under paragraph (1), the Administrator shall not use as a criterion the presence or absence of buildings in that location that have an Energy Star label described in paragraph (1)(A)(i) or a green building certification described in paragraph (1)(A)(ii). Subject to paragraph (2), a Federal agency may enter into a contract to lease space that does not meet a requirement described in clause
(i)or
(ii)of subsection (b)(1)(A) if— no other space is available that can meet that requirement within a reasonable period and meet the functional requirements of the agency, including locational needs; the agency proposes to remain in a building or a space in a building— that the agency has occupied previously; and less than 50 percent of the leasable space of which is leased by the Federal Government; the agency proposes to lease a building or space in a building of historical, architectural, or cultural significance (as defined in section 3306(a) of title 40, United States Code); or the lease is for not more than 10,000 gross square feet of space in a building less than 50 percent of the leasable space of which is leased by the Federal Government. A Federal agency may enter into a contract under paragraph
(1)if— the agency submits a request to the Federal Director of the Office of Federal High-Performance Green Buildings indicating the basis for the request under paragraph (1); and the Federal Director of that Office approves the request; and in the case of a waiver under subparagraph (A), (B), or
(C)of paragraph (1), the contract includes the requirements described in subparagraph (B)(ii), which— in the case of a waiver under subparagraph
(A)of that paragraph, shall be required to be implemented prior to occupancy of the building or space in the building by the Federal agency; and in the case of a waiver under subparagraph
(B)or
(C)of that paragraph, shall be required to be implemented not later than 1 year after the Federal agency signs the contract. In this subparagraph, the term nonbenchmarked space means a building or space in a building for which owners cannot access whole building utility consumption data, including buildings— that are located in States that do not require utilities to provide, and utilities do not provide, such aggregated information to multitenant building owners; and the tenants of which do not provide energy consumption information to the commercial building owner in response to a request from that owner. The requirements referred to in subparagraph (A)(ii) are the following: The building or space in a building— meets the requirement described in subsection (b)(1)(A)(i); or is renovated for all feasible energy efficiency and conservation improvements that will be cost effective over the life of the lease (including any optional and reasonably anticipated extensions or renewals of the lease), including improvements in lighting, windows, heating, ventilation, and air conditioning systems and controls. The building or space in a building is— benchmarked under a nationally recognized, online, and free benchmarking program, and the benchmark is publicly disclosed; or a nonbenchmarked space. In the case of a building or space in a building that is a nonbenchmarked space, the Federal agency provides to the building owner, or authorizes the owner to obtain from the utility, the energy consumption data of the space to enable benchmarking of the building. In the case of a contract to lease space that receives a waiver under paragraph (1)(A), the Administrator may— include in the relevant lease procurement documents a statement about the availability of financial incentives and technical assistance under the pilot program established under subsection (g); or incorporate into the terms of the lease with the lessor any financial incentive or technical assistance provided to that lessor under that pilot program; and if subclause
(I)is carried out, extend the deadline required under subparagraph (A)(ii)(I). Not later than 1 year after the date of enactment of the GREEN Building Jobs Act of 2021 , the Administrator shall revise Part 102–73(c) of the Federal Management Regulation and Part 570 of the General Services Administration Acquisition Manual, as appropriate, to reflect the requirements of this section. The Administrator shall annually publish on the website of the General Services Administration a report on the aggregate compliance of all leased buildings and spaces in buildings held by the General Services Administration with the most recent version of the Guiding Principles for Sustainable Federal Buildings. Not later than 180 days after the date of enactment of the GREEN Building Jobs Act of 2021 , the Administrator shall develop and implement a policy to improve lessor compliance with energy efficiency provisions of leases, including by considering a variety of approaches. The Administrator shall establish a pilot program to provide financial incentives for lessors to achieve an Energy Star label under the Energy Star program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ) in a building— in which space is leased to a Federal agency; and in which the total space leased by the Federal Government is less than 50 percent of the leasable space of the building; that is of historical, architectural, or cultural significance (as defined in section 3306(a) of title 40, United States Code); or for which a waiver is granted under subsection (c)(1)(A). In carrying out the pilot program established under paragraph (1), the Administrator shall ensure— a diversity in the buildings and spaces owned by lessors provided financial assistance under that paragraph, including buildings with multiple, separate leases that individually do not trigger requirements under this Act; and geographical diversity, including the representation of rural areas. As part of the pilot program established under paragraph (1), the Administrator may provide technical assistance, directly or through contracts, to lessors receiving financial assistance under that pilot program. There is authorized to be appropriated to the Administrator $50,000,000 to carry out this subsection, to remain available until expended. . Section 102(b) of the Better Buildings Act of 2015 ( 42 U.S.C. 17062(b) ) is amended by adding at the end the following: Not later than 90 days after the date of enactment of the GREEN Building Jobs Act of 2021 , the Administrator shall submit to Congress, and make publicly available on the website of the General Services Administration, a report on the implementation of paragraph (3), including— the results of the policies and practices described in that paragraph, including the number of leases implementing the measures described in that paragraph; a description of any barriers to achieving greater energy and water efficiency; and recommendations to address those barriers. .
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