S.Amdt. 1886

1. Adds SEC. 304. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS at the end of title III

   Adds a section

   In S. 1392 · Placed on Calendar Senate

   (b) Administration.--Nothing in this section applies to the High Performance Computing Modernization Program (HPCMP) of the Department of Defense.

   Inserted: SEC. 304. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS.

   Inserted: Section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)) is amended--

   Inserted: (1) in clause (i), by striking subclause (III) and inserting the following:

   Inserted: "(III) Sustainable design principles.--

   Inserted: "(aa) In general.--Sustainable design principles shall be applied to the siting, design, and construction of buildings covered by this clause.

   Inserted: "(bb) Selection of certification systems.--The Secretary, after reviewing the findings of the Federal Director under section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)), in consultation with the Administrator of General Services, and in consultation with the Secretary of Defense relating to those facilities under the custody and control of the Department of Defense, shall determine those certification systems for green commercial and residential buildings that the Secretary determines to be the most likely to encourage a comprehensive and environmentally sound approach to certification of green buildings.

   Inserted: "(cc) Basis for selection.--The determination of the certification systems shall be based on ongoing review of the findings of the Federal Director under section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)) and the criteria described in clause (iii).

   Inserted: "(dd) Administration.--In determining certification systems under this subclause, the Secretary shall--

   Inserted: "(AA) make a separate determination for all or part of each system;

   Inserted: "(BB) confirm that the criteria used to support the selection of building products, materials, brands, and technologies are fair and neutral (meaning that such criteria are based on an objective assessment of relevant technical data), do not prohibit, disfavor, or discriminate against selection based on technically inadequate information to inform human or environmental risk, and are expressed to prefer performance measures whenever performance measures may reasonably be used in lieu of prescriptive measures; and

   Inserted: "(CC) use environmental and health criteria that are based on risk assessment methodology that is generally accepted by the applicable scientific disciplines.";

   Inserted: (2) in clause (iii), by striking "identifying the green building certification system and level" and inserting "determining the green building certification systems";

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   Inserted: (3) by redesignating clauses (vi) and (vii) as clauses (vii) and (viii), respectively;

   Inserted: (4) by striking clauses (iv) and (v) and inserting the following:

   Inserted: "(iv) Review.--The Secretary, in consultation with the Administrator of General Services and the Secretary of Defense, shall conduct an ongoing review to evaluate and compare private sector green building certification systems, taking into account--

   Inserted: "(I) the criteria described in clause (iii); and

   Inserted: "(II) the identification made by the Federal Director under section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)).

   Inserted: "(v) Exclusions.--

   Inserted: "(I) In general.--Subject to subclause (II), if a certification system fails to meet the review requirements of clause (i)(III), the Secretary shall--

   Inserted: "(aa) identify the portions of the system, whether prerequisites, credits, points, or otherwise, that meet the review criteria of clause (i)(III);

   Inserted: "(bb) determine the portions of the system that are suitable for use; and

   Inserted: "(cc) exclude all other portions of the system from identification and use.

   Inserted: "(II) Entire systems.--The Secretary shall exclude an entire system from use if an exclusion under subclause (I)--

   Inserted: "(aa) impedes the integrated use of the system;

   Inserted: "(bb) creates disparate review criteria or unequal point access for competing materials; or

   Inserted: "(cc) increases agency costs of the use.

   Inserted: "(vi) Internal certification processes.--The Secretary may by rule allow Federal agencies to develop internal certification processes, using certified professionals, in lieu of certification by certification entities identified under clause (i)(III)."; and

   Inserted: (5) by adding at the end the following:

   Inserted: "(ix) Effective date.--

   Inserted: "(I) Determinations made after december 31, 2015.--The amendments made by section 405 of the Energy Savings and Industrial Competitiveness Act of 2013 shall apply to any determination made by a Federal agency after December 31, 2015.

   Inserted: "(II) Determinations made on or before december 31, 2015.--This subparagraph (as in effect on the day before the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2013) shall apply to any use of a certification system for green commercial and residential buildings by a Federal agency on or before December 31, 2015.".

   Inserted: SEC. 305. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.

   Inserted: Section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)) is amended--

   Inserted: (1) in the subsection heading, by striking "System" and inserting "Systems";

   Inserted: (2) by striking paragraph (1) and inserting the following:

   Inserted: "(1) In general.--Based on an ongoing review, the Federal Director shall identify and shall provide to the Secretary pursuant to section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), a list of those certification systems that the Director identifies as the most likely to encourage a comprehensive and environmentally sound approach to certification of green buildings."; and

   Inserted: (3) in paragraph (2)--

   Inserted: (A) in the matter preceding subparagraph (A), by striking "system" and inserting "systems";

   Inserted: (B) by striking subparagraph (A) and inserting the following:

   Inserted: "(A) an ongoing review provided to the Secretary pursuant to section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), which shall--

   Inserted: "(i) be carried out by the Federal Director to compare and evaluate standards; and

   Inserted: "(ii) allow any developer or administrator of a rating system or certification system to be included in the review;";

   Inserted: (C) in subparagraph (E)(v), by striking "and" after the semicolon at the end;

   Inserted: (D) in subparagraph (F), by striking the period at the end and inserting a semicolon; and

   Inserted: (E) by adding at the end the following:

   Inserted: "(G) a finding that, for all credits addressing grown, harvested, or mined materials, the system does not discriminate against the use of domestic products that have obtained certifications of responsible sourcing; and

   Inserted: "(H) a finding that the system incorporates life-cycle assessment as a credit pathway.".

   Original wording

   At the end of title III, add following:

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As printed