High Performance Sustainable Buildings

For the purpose of this statutory requirement, a data center means any facility that primarily contains electronic equipment used to process, store, and transmit digital information, which may be a free-standing structure or a facility within a larger structure that uses environmental control equipment to maintain proper conditions for the operation of electronic equipment. (Disclaimer: This is not a general definition of data centers nor is it applicable outside of this specific statutory context.) 

All renovation projects of existing Federal buildings must use, to the greatest extent technically feasible and practicable, Federal sustainable design and operations principles for existing buildings in accordance with the Guiding Principles.

Agencies must ensure that capital planning and retrofit projects consider and prioritize building electrification and replacement of fossil-fuel consuming equipment with technologies that use carbon pollution-free energy; incorporation of on-site generation of carbon pollution-free energy and energy storage; use of technologies that meet performance needs while reducing greenhouse gas emissions from building, campus, or installation operations; and where practical, use of ongoing data analytics for system diagnostics and persistence of savings.

Agencies must complete deep energy retrofits, prioritizing reductions of on-site emissions to achieve net-zero or near net-zero emissions at the building level where technically practicable, in at least 30 percent of covered facilities, as defined in section 432 of the Energy Independence and Security Act of 2007, by 2030.

Federal Building Performance Standards. Performance standards are a powerful tool to drive efficiency and emissions reductions in buildings. Pursuant to section 510(b)(ii) of the E.O., CEQ will issue Federal building performance standards to accelerate on-site emissions reductions and achieve building emissions goals. Agencies must use the standards in accordance with the guidance issued by CEQ.

Large capital energy investments that are not classified as “major renovations” but involve the replacement of installed equipment (or involves renovation, rehabilitation, expansion, or remodeling) should employ the most energy-efficient designs, systems, equipment and controls that are life cycle cost-effective.

The head of each Federal agency shall annually submit to the administrator and director of the U.S. Office of Management and Budget (OMB) data related to the age and condition of the federal property, operating costs, history of capital expenditures, sustainability metrics, number of Federal employees and functions in the respective property, and square footage.

With certain exceptions, Federal agencies are not to enter into a contract to lease space in a building that has not earned the ENERGY STAR label in the most recent year.

In leasing buildings for its own use or that of another agency, each agency is required to fully consider the efficiency of all potential building space at the time of renewing or entering into a new lease.

The Federal Government also will leverage its footprint of leased space to drive greater sustainability in the building sector. All new and renewed leases over 25,000 RSF, where the Federal Government occupies at least 75 percent of the building, and that are entered into after September 30, 2023, will be green leases, as defined by GSA. They will require the lessor to report to the agency lessee annual data on facility GHG emissions, energy and water consumption, and waste generation. By 2030, all leases greater than 25,000 RSF will be net-zero emissions buildings.

The head of each Federal agency is required to adopt procedures necessary to assure that new Federal buildings meet or exceed the Federal building energy standards established under 42 U.S.C. § 6834.

Each agency, in consultation with the Federal Acquisition Regulatory Council, is to establish criteria for the improvement of energy efficiency in Federal facilities operated by Federal government contractors or subcontractors.

If life cycle cost-effective, new Federal buildings must be designed to achieve ASHRAE 90.1 energy consumption levels and 30% below such levels. The version of ASHRAE 90.1 that Federal agencies must use depends on when design for construction begins.

The head of a Federal agency may expend Federal funds for the construction of a new Federal building only if the building meets or exceeds the Federal building energy standards established under 42 U.S.C. § 6834.

New Federal buildings and major renovations of existing buildings are to reduce fossil fuel-generated energy consumption by 55% in fiscal year (FY) 2010, 65% in FY 2015, 80% in FY 2020, 90% in FY 2025, and 100% in FY 2030, compared to a FY 2003 baseline.

The design of new Federal buildings shall be made using life cycle cost methods and procedures established under 42 U.S.C. § 8254(a). 

All new construction and major modernization projects larger than 25,000 GSF entering the planning stage will be designed, constructed, and operated to be net-zero emissions by 2030, and where feasible, net-zero water and waste.

The sponsor of any development or redevelopment project involving a Federal facility with a footprint that exceeds 5,000 square feet is required to use site planning, design, construction, and maintenance strategies for the property to maintain or restore, to the maximum amount technically feasible, the predevelopment hydrology of the property with regard to the temperature, rate, volume, and duration of flow.

If life cycle cost-effective, 30% of of hot water demand in new Federal buildings undergoing major renovations must be met with solar hot water.

New Federal buildings and major renovations of existing buildings are to apply sustainable design principles to the siting, design, and construction of such buildings.

New construction and major modernization projects larger than 25,000 GSF entering the planning stage after September 30, 2021, will be designed and constructed to leading sustainable design standards. At a minimum, these construction projects must meet the sustainable design requirements as defined by CEQ's Guiding Principles for Sustainable Federal Buildings wherever technically feasible and practicable.

The sponsor of any development project involving a Federal facility with a footprint exceeding 5,000 square feet must use planning, design, construction, and maintenance strategies to maintain or restore the predevelopment hydrology of the property in terms of temperature, rate, volume, and duration of flow.

CEQ will issue guidance to promote sustainable locations for Federal facilities and strengthen the vitality and livability of the communities in which Federal facilities are located. The guidance may address topics such as strategically locating Federal workplaces to promote efficient use of local infrastructure; expanding public transportation use and access; and aligning Federal real estate investment with local or regional planning, sustainability, and equitable economic development goals. Agencies must consider this guidance in their siting of Federal facilities.