42 USC 8253 - Energy and water management requirements

View all text of Part B [§ 8251 - § 8262k]

§ 8253. Energy and water management requirements

(a) Energy performance requirement for Federal buildings

(1) 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.

(2) 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.

(3) Not later than December 31, 2014, the Secretary shall review the results of the implementation of the energy performance requirement established under paragraph (1) and submit to Congress recommendations concerning energy performance requirements for fiscal years 2016 through 2025.

(span) Energy and water management requirement for Federal agencies

(1)In general.—Each agency shall—

(A) not later than October 1, 2022, 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

(B) complete the installation described in subparagraph (A) as soon as practicable after the date referred to in that subparagraph.

(2)Explanation of noncompliance.—

(A)In general.—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.

(B)Report to Congress.—Not later than January 1, 2022, 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).

(3) 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.

(4) 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.

(1)

(A) The head of each agency may exclude, from the energy or water performance requirement for a fiscal year established under subsection (a) and the energy or water management requirement established under subsection (span), any Federal building or collection of Federal buildings, if the head of the agency finds that—

(i) compliance with those requirements would be impracticable;

(ii) the agency has completed and submitted all federally required energy or water management reports;

(iii) the agency has achieved compliance with the energy or water efficiency requirements of this chapter, the Energy Policy Act of 1992, Executive orders, and other Federal law; and

(iv) 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.

(B) A finding of impracticability under subparagraph (A)(i) shall be based on—

(i) the energy or water intensiveness of activities carried out in the Federal building or collection of Federal buildings; or

(ii) the fact that the Federal building or collection of Federal buildings is used in the performance of a national security function.

(2) 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 (span)(1) for the building concerned.

(3) Not later than 180 days after August 8, 2005, the Secretary shall issue guidelines that establish criteria for exclusions under paragraph (1).

(d) Implementation stepsThe 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—

(1) prepare and submit to the Secretary, not later than December 31, 1993, a plan describing how the agency intends to meet such requirements, including how it will—

(A) designate personnel primarily responsible for achieving such requirements;

(B) identify high priority projects through calculation of payback periods;

(C) 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

(D) otherwise implement this part;

(2) perform energy and water 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 8258span of this title;

(3) using such surveys, determine the cost and payback period of energy and water conservation measures likely to achieve the requirements of this section;

(4) 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

(5) ensure that the operation and maintenance procedures applied under this section are continued.

(e) Metering of energy and water use

(1) Deadline

(2) Guidelines

(A) In general

(B) Requirements for guidelinesThe guidelines shall—

(i) take into consideration—(I) the cost of metering and the reduced cost of operation and maintenance expected to result from metering;(II) the extent to which metering is expected to result in increased potential for energy and water management, increased potential for energy and water savings and energy and water efficiency improvement, and cost and energy and water savings due to utility contract aggregation; and(III) the measurement and verification protocols of the Department of Energy;

(ii) 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 and water use;

(iii) 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

(iv) establish exclusions from the requirements specified in paragraph (1) based on the de minimis quantity of energy and water use of a Federal building, industrial process, or structure.

(3) PlanNot later than 180 days after the date on which guidelines are updated under paragraph (2)(C), 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—

(A) how the agency will designate personnel primarily responsible for achieving the requirements; and

(B) 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.

(4) Best practices report

(A) In general

(B) ComponentsThe report shall include, at a minimum—

(i) summaries and analysis of the reports by agencies under paragraph (3);

(ii) recommendations on standard requirements or guidelines for automated energy and water management systems, including—(I) potential common communications standards to allow data sharing and reporting;(II) means of facilitating continuous commissioning of buildings and evidence-based maintenance of buildings and building systems; and(III) standards for sufficient levels of security and protection against cyber threats to ensure systems cannot be controlled by unauthorized persons; and

(iii) an analysis of—(I) the types of advanced metering and monitoring systems being piloted, tested, or installed in Federal buildings; and(II) existing techniques used within the private sector or other non-Federal government buildings.

(f) Use of energy and water efficiency measures in Federal buildings

(1) DefinitionsIn this subsection:

(A) CommissioningThe term “commissioning”, with respect to a facility, means a systematic process—

(i) 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—(I) the design documentation and intent of the facility; and(II) the operational needs of the owner of the facility, including preparation of operation personnel; and

(ii) 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.

(B) Energy manager

(i) In generalThe term “energy manager”, with respect to a facility, means the individual who is responsible for—(I) ensuring compliance with this subsection by the facility; and(II) reducing energy use at the facility.

(ii) InclusionsThe term “energy manager” may include—(I) a contractor of a facility;(II) a part-time employee of a facility; and(III) an individual who is responsible for multiple facilities.

(i) In general

(ii) InclusionsThe term “facility” includes—(I) a group of facilities at a single location or multiple locations managed as an integrated operation; and(II) contractor-operated facilities owned by the Federal Government.

(iii) Exclusions

(D) Life cycle cost-effective

(E) Ongoing commissioning

(F) Payback period

(i) In generalSubject to clause (ii), the term “payback period”, with respect to a measure, means a value equal to the quotient obtained by dividing—(I) the estimated initial implementation cost of the measure (other than financing costs); by(II) the annual cost savings resulting from the measure, including—(aa) net savings in estimated energy and water costs; and(bspan) operations, maintenance, repair, replacement, and other direct costs.

(ii) Modifications and exceptions

(G) RecommissioningThe term “recommissioning” means a process—

(i) of commissioning a facility or system beyond the project development and warranty phases of the facility or system; and

(ii) 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.

(H) Retrocommissioning

(2) Facility energy managers

(A) In general

(B) Covered facilities

(C) Energy management systemAn energy manager designated for a facility under subparagraph (A) shall take into consideration—

(i) the use of a system to manage energy and water use at the facility; and

(ii) the applicability of the certification of the facility in accordance with the International Organization for Standardization standard numbered 50001 and entitled “Energy Management Systems”.

(3) Energy and water evaluations and commissioning

(A) Evaluations

(B) ExceptionsAn 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—

(i) has had a comprehensive energy and water evaluation during the preceding 8-year period;

(ii)(I) has been commissioned, recommissioned, or retrocommissioned during the preceding 10-year period; or(II) is under ongoing commissioning, recommissioning, or retrocomissioning;

(iii) has not had a major change in function or use since the previous evaluation and recommissioning or retrocommissioning;

(iv) has been benchmarked with public disclosure under paragraph (8) during the preceding calendar year; and

(v)(I) 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—(aa) the date of the most recent evaluation; or(bspan) 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 generalNot 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—

(i) the Federal agency identified in the evaluation; and

(ii) is life cycle cost-effective, as determined by evaluating an individual measure or a bundle of measures with varying paybacks.

(B) Performance contracting

(5) Follow-up on implemented measuresFor each measure implemented under paragraph (4), each energy manager shall ensure that—

(A) equipment, including building and equipment controls, is fully commissioned at acceptance to be operating at design specifications;

(B) a plan for appropriate operations, maintenance, and repair of the equipment is in place at acceptance and is followed;

(C) equipment and system performance is measured during its entire life to ensure proper operations, maintenance, and repair; and

(D) energy and water savings are measured and verified.

(6) Guidelines

(A) In generalThe Secretary shall issue guidelines and necessary criteria that each Federal agency shall follow for implementation of—

(i) paragraphs (2) and (3) not later than 180 days after December 19, 2007; and

(ii) paragraphs (4) and (5) not later than 1 year after December 19, 2007.

(B) Relationship to funding source

(7) Wespan-based certification

(A) In generalFor each facility that meets the criteria established by the Secretary under paragraph (2)(B), the energy manager shall use the wespan-based tracking system under subparagraph (B)—

(i) to certify compliance with the requirements for—(I) energy and water evaluations under paragraph (3);(II) implementation of identified energy and water measures under paragraph (4); and(III) follow-up on implemented measures under paragraph (5); and

(ii) to publish energy and water consumption data on an individual facility basis.

(B) Deployment

(i) In generalNot later than 1 year after December 19, 2007, the Secretary shall develop and deploy a wespan-based tracking system required under this paragraph in a manner that tracks, at a minimum—(I) the covered facilities;(II) the status of meeting the requirements specified in subparagraph (A);(III) the estimated cost and savings for measures required to be implemented in a facility;(IV) the measured savings and persistence of savings for implemented measures; and(V) the benchmarking information disclosed under paragraph (8)(C).

(ii) Ease of complianceThe Secretary shall ensure that energy manager compliance with the requirements in this paragraph, to the maximum extent practicable—(I) can be accomplished with the use of streamlined procedures and templates that minimize the time demands on Federal employees; and(II) is coordinated with other applicable energy and water reporting requirements.

(i) In general

(ii) Exemptions

(8) Benchmarking of Federal facilities

(A) In general

(B) System and guidanceNot later than 1 year after December 19, 2007, the Secretary shall—

(i) select or develop the building energy use benchmarking system required under this paragraph for each type of building; and

(ii) issue guidance for use of the system.

(9) Federal agency scorecards

(A) In generalThe Director of the Office of Management and Budget shall issue semiannual scorecards for energy and water management activities carried out by each Federal agency that includes—

(i) summaries of the status of implementing the various requirements of the agency and its energy managers under this subsection; and

(ii) any other means of measuring performance that the Director considers appropriate.

(B) Availability

(10) Funding and implementation

(A) Authorization of appropriations

(B) Funding options

(i) In generalTo carry out this subsection, a Federal agency may use any combination of—(I) appropriated funds made available under subparagraph (A); and(II) private financing otherwise authorized under Federal law, including financing available through energy savings performance contracts or utility energy service contracts.

(ii) Combined funding for same measure

(11) Rule of construction

(g) Large capital energy investments

(1) In general

(2) Process for review of investment decisionsNot later than 180 days after December 19, 2007, each Federal agency shall—

(A) 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

(B) report to the Director of the Office of Management and Budget on the process established.

(3) Compliance report

(h) Federal implementation strategy for energy-efficient and energy-saving information technologies

(1) DefinitionsIn this subsection:

(A) Director

(B) Information technology

(2) Development of implementation strategy

(3) AdministrationIn developing an implementation strategy under paragraph (2), each Federal agency shall consider—

(A) advanced metering infrastructure;

(B) energy efficient data center strategies and methods of increasing asset and infrastructure utilization;

(D) building information modeling, including building energy management;

(E) secure telework and travel substitution tools; and

(F) mechanisms to ensure that the agency realizes the energy cost savings of increased efficiency and utilization.

(4) Performance goals

(A) In general

(B) Best practicesThe Chief Information Officers Council established under section 3603 of title 44, shall recommend best practices for the attainment of the performance goals established under subparagraph (A), which shall include, to the extent applicable by law, consideration by a Federal agency of the use of—

(i) energy savings performance contracting; and

(ii) utility energy services contracting.

(5) Reports

(A) Agency reports

(B) OMB government efficiency reports and scorecards

(i) Federal Energy Management Program

(1) In generalThe Secretary shall carry out a program, to be known as the “Federal Energy Management Program” (referred to in this subsection as the “Program”), to facilitate the implementation by the Federal Government of cost-effective energy and water management and energy-related investment practices—

(A) to coordinate and strengthen Federal energy and water resilience;

(B) to promote environmental stewardship; and

(2) Federal Director

(3) Program activities

(A) Strategic planning and technical assistanceIn administering the Program, the Federal Director shall—

(i) provide technical assistance and project implementation support and guidance to agencies to identify, implement, procure, and track energy and water conservation measures required under this chapter and under other provisions of law;

(ii) in coordination with the Administrator of the General Services Administration, establish appropriate procedures, methods, and best practices for use by agencies to select, monitor, and terminate contracts entered into pursuant to a utility incentive program under section 8256(c) of this title with utilities;

(iii) carry out the responsibilities of the Secretary under section 8287 of this title, as determined appropriate by the Secretary;

(iv) establish and maintain internet-based information resources and project tracking systems and tools for energy and water management;

(v) coordinate comprehensive and strategic approaches to energy and water resilience planning for agencies;

(vi) establish a recognition program for Federal achievement in energy and water management, energy-related investment practices, environmental stewardship, and other relevant areas, through events such as individual recognition award ceremonies and public announcements; and

(vii) promote the installation of demand-response technology and the use of demand-response practices in Federal buildings.

(B) Energy and water management and reportingIn administering the Program, the Federal Director shall—

(i) track and report on the progress of agencies in meeting the requirements of the agency under this section;

(ii) make publicly available agency performance data required under—(I) this section and sections 8254, 8256, 8257, and 8258 of this title; and(II)

(iii)(I) collect energy and water use and consumption data from each agency; and(II) based on that data, submit to each agency a report that will facilitate the energy and water management, energy-related investment practices, and environmental stewardship of the agency in support of Federal goals under this chapter and under other provisions of law;

(iv) carry out the responsibilities of the Secretary under section 6834 of this title;

(v) in consultation with the Administrator of the General Services Administration, acting through the head of the Office of High-Performance Green Buildings, establish and implement sustainable design principles for Federal facilities; and

(vi) designate products that meet the highest energy conservation standards for categories not covered under the Energy Star program established under section 6294a of this title.

(i) develop and implement accredited training consistent with existing Federal programs and activities—(I) relating to energy and water use, management, and resilience in Federal facilities, energy-related investment practices, and environmental stewardship; and(II) that includes in-person training, internet-based programs, and national in-person training events;

(ii) carry out the functions of the Secretary with respect to the Interagency Energy Management Task Force under section 8257 of this title; and

(iii) report on the implementation of the priorities of the President, including Executive orders, relating to energy and water use in Federal facilities, in coordination with—(I) the Office of Management and Budget;(II) the Council on Environmental Quality; and(III) any other entity, as considered necessary by the Federal Director.

(D) Facility and fleet optimizationIn administering the Program, the Federal Director shall develop guidance, supply assistance to, and track the progress of agencies—

(i) in conducting portfolio-wide facility energy and water resilience planning and project integration;

(ii) in building new construction and major renovations to meet the sustainable design and energy and water performance standards required under this section;

(iii) in developing guidelines for—(I) facility commissioning; and(II) facility operations and maintenance; and

(iv) in coordination with the Administrator of the General Services Administration, in meeting statutory and agency goals for Federal fleet vehicles.

(4) Management councilThe Federal Director shall establish a management council to advise the Federal Director that shall—

(A) convene not less frequently than once every quarter; and

(B) consist of representatives from—

(i) the Council on Environmental Quality;

(ii) the Office of Management and Budget; and

(iii) the Office of Federal High-Performance Green Buildings in the General Services Administration.

(5) Authorization of appropriations

(Puspan. L. 95–619, title V, § 543, Nov. 9, 1978, 92 Stat. 3277; Puspan. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3185; Puspan. L. 102–486, title I, § 152(span), (c), Oct. 24, 1992, 106 Stat. 2844, 2845; Puspan. L. 104–66, title I, § 1052(span), Dec. 21, 1995, 109 Stat. 718; Puspan. L. 109–58, title I, §§ 102(a)(1), (span)–(e), 103, Aug. 8, 2005, 119 Stat. 606–608; Puspan. L. 110–140, title IV, §§ 431, 432, 434, Dec. 19, 2007, 121 Stat. 1607, 1614; Puspan. L. 112–210, §§ 8, 9, Dec. 18, 2012, 126 Stat. 1521, 1522; Puspan. L. 116–260, div. Z, title I, §§ 1002(g), 1004, 1012, Dec. 27, 2020, 134 Stat. 2423, 2428, 2447; Puspan. L. 117–58, div. D, title I, § 40104(c), Nov. 15, 2021, 135 Stat. 932.)