MANAGEMENT OF ENERGY AND WATER EFFICIENCY IN FEDERAL BUILDINGS.

SEC. 432. MANAGEMENT OF ENERGY AND WATER EFFICIENCY IN FEDERAL BUILDINGS. Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended by adding at the end the following:“(f) Use of Energy and Water Efficiency Measures in Federal Buildings.—“(1) Definitions.—In this subsection:“(A) Commissioning.—The 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 general.—The 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) Inclusions.—The 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.“(C) Facility.—121 STAT. 1608“(i) In general.—The term ‘facility’ means any building, installation, structure, or other property (including any applicable fixtures) owned or operated by, or constructed or manufactured and leased to, the Federal Government.“(ii) Inclusions.—The 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.—The term ‘facility’ does not include any land or site for which the cost of utilities is not paid by the Federal Government.“(D) Life cycle cost-effective.—The term ‘life cycle cost-effective’, with respect to a measure, means a measure, the estimated savings of which exceed the estimated costs over the lifespan of the measure, as determined in accordance with section 544.“(E) Payback period.—“(i) 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—“(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“(bb) operations, maintenance, repair, replacement, and other direct costs.“(ii) Modifications and exceptions.—The Secretary, in guidelines issued pursuant to paragraph (6), may make such modifications and provide such exceptions to the calculation of the payback period of a measure as the Secretary determines to be appropriate to achieve the purposes of this Act.“(F) Recommissioning.—The 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.“(G) Retrocommissioning.—The term ‘retrocommis-sioning’ means a process of commissioning a facility or system that was not commissioned at the time of construction of the facility or system.“(2) Facility energy managers.—“(A) In general.—Each Federal agency shall designate an energy manager responsible for implementing this subsection and reducing energy use at each facility that meets criteria under subparagraph (B).121 STAT. 1609“(B) Covered facilities.—The Secretary shall develop criteria, after consultation with affected agencies, energy efficiency advocates, and energy and utility service providers, that cover, at a minimum, Federal facilities, including central utility plants and distribution systems and other energy intensive operations, that constitute at least 75 percent of facility energy use at each agency.“(3) Energy and water evaluations.—“(A) Evaluations.—Effective beginning on the date that is 180 days after the date of enactment of this subsection and annually thereafter, energy managers shall complete, for each calendar year, a comprehensive energy and water evaluation 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 such facility is completed at least once every 4 years.“(B) Recommissioning and retrocommissioning.—As part of the evaluation under subparagraph (A), the energy manager shall identify and assess recommissioning measures (or, if the facility has never been commissioned, retrocommissioning measures) for each such facility.“(4) 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—“(A) 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“(B) bundle individual measures of varying paybacks together into combined projects.“(5) Follow-up on implemented measures.—For 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 general.—The 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 the date of enactment of this subsection; and“(ii) paragraphs (4) and (5) not later than 1 year after the date of enactment of this subsection.“(B) Relationship to funding source.—The guidelines issued by the Secretary under subparagraph (A) shall be appropriate and uniform for measures funded with each 121 STAT. 1610 type of funding made available under paragraph (10), but may distinguish between different types of measures project size, and other criteria the Secretary determines are relevant.“(7) Web-based certification.—“(A) 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—“(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).“(B) Deployment.—“(i) In general.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop and deploy a web-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 compliance.—The 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 reporting requirements.“(C) Availability.—“(i) In general.—Subject to clause (ii), the Secretary shall make the web-based tracking system required under this paragraph available to Congress, other Federal agencies, and the public through the Internet.“(ii) Exemptions.—At the request of a Federal agency, the Secretary may exempt specific data for specific facilities from disclosure under clause (i) for national security purposes.“(8) Benchmarking of federal facilities.—“(A) In general.—The energy manager shall enter energy use data for each metered building that is (or is a part of) a facility that meets the criteria established by the Secretary under paragraph (2)(B) into a building energy use benchmarking system, such as the Energy Star Portfolio Manager.121 STAT. 1611“(B) System and guidance.—Not later than 1 year after the date of enactment of this subsection, 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.“(C) Public disclosure.—Each energy manager shall post the information entered into, or generated by, a benchmarking system under this subsection, on the web-based tracking system under paragraph (7)(B). The energy manager shall update such information each year, and shall include in such reporting previous years’ information to allow changes in building performance to be tracked over time.“(9) Federal agency scorecards.—“(A) 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—“(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.—The Director shall make the scorecards required under this paragraph available to Congress, other Federal agencies, and the public through the Internet.“(10) Funding and implementation.—“(A) Authorization of appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this subsection.“(B) Funding options.—“(i) In general.—To 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.—A Federal agency may use any combination of appropriated funds and private financing described in clause (i) to carry out the same measure under this subsection.“(C) Implementation.—Each Federal agency may implement the requirements under this subsection itself or may contract out performance of some or all of the requirements.“(11) Rule of construction.—This subsection shall not be construed to require or to obviate any contractor savings guarantees.”.121 STAT. 1612