Energy management requirements
Energy performance requirement for Federal buildings
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 2015 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:
Fiscal Year | Percentage Reduction |
|---|---|
2006 | 2 |
2007 | 4 |
2008 | 9 |
2009 | 12 |
2010 | 15 |
2011 | 18 |
2012 | 21 |
2013 | 24 |
2014 | 27 |
2015 | 30. |
An agency may exclude from the requirements of paragraph (1) any building, and the associated energy consumption and gross square footage, in which energy intensive activities are carried out. Each agency shall identify and list in each report made under section 8258(a) of this title the buildings designated by it for such exclusion.
Not later than
Energy management requirement for Federal agencies
Not later than
The Secretary may waive the requirements of this subsection for any agency for such periods as the Secretary may determine if the Secretary finds that the agency is taking all practicable steps to meet the requirements and that the requirements of this subsection will pose an unacceptable burden upon the agency. If the Secretary waives the requirements of this subsection, the Secretary shall, as part of the report required under section 8258(b) of this title, notify the Congress in writing with an explanation and a justification of the reasons for such waiver.
This subsection shall not apply to an agency’s facilities that generate or transmit electric energy or to the uranium enrichment facilities operated by the Department of Energy.
An agency may participate in the Environmental Protection Agency’s “Green Lights” program for purposes of receiving technical assistance in complying with the requirements of this section.
Exclusions
An agency may exclude, from the energy performance requirement for a fiscal year established under subsection (a) and the energy management requirement established under subsection (b), any Federal building or collection of Federal buildings, if the head of the agency finds that—
compliance with those requirements would be impracticable;
the agency has completed and submitted all federally required energy management reports;
the agency has achieved compliance with the energy efficiency requirements of this chapter, the Energy Policy Act of 1992, Executive orders, and other Federal law; and
the agency has implemented all practicable, life cycle cost-effective projects with respect to the Federal building or collection of Federal buildings to be excluded.
A finding of impracticability under subparagraph (A)(i) shall be based on—
the energy intensiveness of activities carried out in the Federal building or collection of Federal buildings; or
the fact that the Federal building or collection of Federal buildings is used in the performance of a national security function.
Each agency shall identify and list, in each report made under section 8258(a) of this title, the Federal buildings designated by it for such exclusion. The Secretary shall review such findings for consistency with the standards for exclusion set forth in paragraph (1), and may within 90 days after receipt of the findings, reverse the exclusion. In the case of any such reversal, the agency shall comply with the requirements of subsections (a) and (b)(1) for the building concerned.
Not later than 180 days after
Implementation steps
The Secretary shall consult with the Secretary of Defense and the Administrator of General Services in developing guidelines for the implementation of this part. To meet the requirements of this section, each agency shall—
prepare and submit to the Secretary, not later than
designate personnel primarily responsible for achieving such requirements;
identify high priority projects through calculation of payback periods;
take maximum advantage of contracts authorized under subchapter VII of this chapter, of financial incentives and other services provided by utilities for efficiency investment, and of other forms of financing to reduce the direct costs to the Government; and
otherwise implement this part;
perform energy surveys of its Federal buildings to the extent necessary and update such surveys as needed, incorporating any relevant information obtained from the survey conducted pursuant to section 8258b of this title;
using such surveys, determine the cost and payback period of energy and water conservation measures likely to achieve the requirements of this section;
install energy and water conservation measures that will achieve the requirements of this section through the methods and procedures established pursuant to section 8254 of this title; and
ensure that the operation and maintenance procedures applied under this section are continued.
Metering of energy use
Deadline
Guidelines
In general
Requirements for guidelines
The guidelines shall—
take into consideration—
the cost of metering and the reduced cost of operation and maintenance expected to result from metering;
the extent to which metering is expected to result in increased potential for energy management, increased potential for energy savings and energy efficiency improvement, and cost and energy savings due to utility contract aggregation; and
the measurement and verification protocols of the Department of Energy;
include recommendations concerning the amount of funds and the number of trained personnel necessary to gather and use the metering information to track and reduce energy use;
establish priorities for types and locations of buildings to be metered based on cost-effectiveness and a schedule of one or more dates, not later than 1 year after the date of issuance of the guidelines, on which the requirements specified in paragraph (1) shall take effect; and
establish exclusions from the requirements specified in paragraph (1) based on the de minimis quantity of energy use of a Federal building, industrial process, or structure.
Plan
Not later than 180 days after the date on which guidelines are established under paragraph (2), in a report submitted by the agency under section 8258(a) of this title, each agency shall submit to the Secretary a plan describing the manner in which the agency will implement the requirements of paragraph (1), including—
how the agency will designate personnel primarily responsible for achieving the requirements; and
a demonstration by the agency, complete with documentation, of any finding that advanced meters or advanced metering devices (as those terms are used in paragraph (1)), are not practicable.
Best practices report
In general
Components
The report shall include, at a minimum—
summaries and analysis of the reports by agencies under paragraph (3);
recommendations on standard requirements or guidelines for automated energy management systems, including—
potential common communications standards to allow data sharing and reporting;
means of facilitating continuous commissioning of buildings and evidence-based maintenance of buildings and building systems; and
standards for sufficient levels of security and protection against cyber threats to ensure systems cannot be controlled by unauthorized persons; and
an analysis of—
the types of advanced metering and monitoring systems being piloted, tested, or installed in Federal buildings; and
existing techniques used within the private sector or other non-Federal government buildings.
Use of energy and water efficiency measures in Federal buildings
Definitions
In this subsection:
Commissioning
The term “commissioning”, with respect to a facility, means a systematic process—
of ensuring, using appropriate verification and documentation, during the period beginning on the initial day of the design phase of the facility and ending not earlier than 1 year after the date of completion of construction of the facility, that all facility systems perform interactively in accordance with—
the design documentation and intent of the facility; and
the operational needs of the owner of the facility, including preparation of operation personnel; and
the primary goal of which is to ensure fully functional systems that can be properly operated and maintained during the useful life of the facility.
Energy manager
In general
The term “energy manager”, with respect to a facility, means the individual who is responsible for—
ensuring compliance with this subsection by the facility; and
reducing energy use at the facility.
Inclusions
The term “energy manager” may include—
a contractor of a facility;
a part-time employee of a facility; and
an individual who is responsible for multiple facilities.
Facility
In general
Inclusions
The term “facility” includes—
a group of facilities at a single location or multiple locations managed as an integrated operation; and
contractor-operated facilities owned by the Federal Government.
Exclusions
Life cycle cost-effective
Payback period
In general
Subject to clause (ii), the term “payback period”, with respect to a measure, means a value equal to the quotient obtained by dividing—
the estimated initial implementation cost of the measure (other than financing costs); by
the annual cost savings resulting from the measure, including—
net savings in estimated energy and water costs; and
operations, maintenance, repair, replacement, and other direct costs.
Modifications and exceptions
Recommissioning
The term “recommissioning” means a process—
of commissioning a facility or system beyond the project development and warranty phases of the facility or system; and
the primary goal of which is to ensure optimum performance of a facility, in accordance with design or current operating needs, over the useful life of the facility, while meeting building occupancy requirements.
Retrocommissioning
Facility energy managers
In general
Covered facilities
Energy and water evaluations
Evaluations
Recommissioning and retrocommissioning
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 may—
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
bundle individual measures of varying paybacks together into combined projects.
Follow-up on implemented measures
For each measure implemented under paragraph (4), each energy manager shall ensure that—
equipment, including building and equipment controls, is fully commissioned at acceptance to be operating at design specifications;
a plan for appropriate operations, maintenance, and repair of the equipment is in place at acceptance and is followed;
equipment and system performance is measured during its entire life to ensure proper operations, maintenance, and repair; and
energy and water savings are measured and verified.
Guidelines
In general
The Secretary shall issue guidelines and necessary criteria that each Federal agency shall follow for implementation of—
paragraphs (2) and (3) not later than 180 days after
paragraphs (4) and (5) not later than 1 year after
Relationship to funding source
Web-based certification
In general
For each facility that meets the criteria established by the Secretary under paragraph (2)(B), the energy manager shall use the web-based tracking system under subparagraph (B)—
to certify compliance with the requirements for—
energy and water evaluations under paragraph (3);
implementation of identified energy and water measures under paragraph (4); and
follow-up on implemented measures under paragraph (5); and
to publish energy and water consumption data on an individual facility basis.
Deployment
In general
Not later than 1 year after
the covered facilities;
the status of meeting the requirements specified in subparagraph (A);
the estimated cost and savings for measures required to be implemented in a facility;
the measured savings and persistence of savings for implemented measures; and
the benchmarking information disclosed under paragraph (8)(C).
Ease of compliance
The Secretary shall ensure that energy manager compliance with the requirements in this paragraph, to the maximum extent practicable—
can be accomplished with the use of streamlined procedures and templates that minimize the time demands on Federal employees; and
is coordinated with other applicable energy reporting requirements.
Availability
In general
Exemptions
Benchmarking of Federal facilities
In general
System and guidance
Not later than 1 year after
select or develop the building energy use benchmarking system required under this paragraph for each type of building; and
issue guidance for use of the system.
Public disclosure
Federal agency scorecards
In general
The Director of the Office of Management and Budget shall issue semiannual scorecards for energy management activities carried out by each Federal agency that includes—
summaries of the status of implementing the various requirements of the agency and its energy managers under this subsection; and
any other means of measuring performance that the Director considers appropriate.
Availability
Funding and implementation
Authorization of appropriations
Funding options
In general
To carry out this subsection, a Federal agency may use any combination of—
appropriated funds made available under subparagraph (A); and
private financing otherwise authorized under Federal law, including financing available through energy savings performance contracts or utility energy service contracts.
Combined funding for same measure
Implementation
Rule of construction
Large capital energy investments
In general
Process for review of investment decisions
Not later than 180 days after
develop a process for reviewing each decision made on a large capital energy investment described in paragraph (1) to ensure that the requirements of this subsection are met; and
report to the Director of the Office of Management and Budget on the process established.