Subject to certain exclusions, each Federal agency must reduce the energy consumption per gross square foot of its Federal buildings relative to a fiscal year (FY) 2003 baseline by 27% by 2014 and by 30% by FY 2015.
(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 FY 2006 through FY 2015 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in FY 2003, by the percentages listed below.
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 FY 2016 through FY 2025.
. . .
(A) An agency may exclude, from the energy performance requirement for a fiscal year established under subsection (a) of this section and the energy management requirement established under subsection (b) of this section, 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 management reports;
(iii) 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
(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 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) of this section 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).