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42 U.S. Code § 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.
(b) 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.
(c) Exclusions
(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 (b), 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 (b)(1) for the building concerned.