Federal Energy Management Program | Federal Laws and Requirements Search

These laws and requirements are related to high performance sustainable buildings.

Definitions
Title	Legal Authority	Originating Legislation	Summary
Definition of Data Center	42 U.S.C. § 17112(b)	EISA 2007 § 453	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.)

Existing Buildings
Title	Legal Authority	Originating Legislation	Summary
Non-Major Renovations	42 U.S.C. § 8253(g)	EISA 2007 § 434	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.
Real Property Portfolio Management	Federal Assets Sale and Transfer Act of 2016	40 U.S.C. § 524	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.

Leased Buildings
Title	Legal Authority	Originating Legislation	Summary
ENERGY STAR Requirement for Leases	42 U.S.C. § 17091	EISA 2007 § 435	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.
Efficiency of Space	42 U.S.C. § 8254(b)(2)	EPAct 1992 § 152(d)(2)	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.

New Construction or Modernization
Title	Legal Authority	Originating Legislation	Summary
Agency Procedures	42 U.S.C. § 6835(a)(1)	EPAct 1992 § 101(a)(2)	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.
Contractor-Operated Facilities	42 U.S.C. § 8262k(a)	EPAct 1992 § 167	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.
Energy Efficiency	42 U.S.C. § 6834(a)(3)(A)	EPAct 2005 § 109	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.
Expenditure of Federal Funds	42 U.S.C. § 6835(b)	EPAct 1992 § 101(a)(2)	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.
Fossil Fuel Reduction	42 U.S.C. § 6834(a)(3)(D)(i)(I)-(II)	EISA 2007 § 433	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.
High Performance Sustainable Design	E.O. 13834 § 2(e)	N/A	Ensure that new construction and major renovations conform to applicable building energy efficiency requirements and sustainable design principles, consider building efficiency when renewing or entering into leases, implement space utilization and optimization practices, and annually assess and report on building conformance to sustainability metrics.
Life Cycle Cost Methods and Procedures	42 U.S.C. § 8254(b)(1)	Public Law No. 100-615	The design of new Federal buildings shall be made using life cycle cost methods and procedures established under 42 U.S.C. § 8254(a).
Metering Requirements	42 U.S.C. § 8253(e)	EISA 2007 § 434; EPAct 2005 § 103	Agencies are required to install metering and advanced metering devices in Federal buildings in accordance with U.S. Department of Energy metering guidelines.
Predevelopment Hydrology	42 U.S.C. § 17094	EISA 2007 § 438	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.
Solar Hot Water	42 U.S.C. § 6834(a)(3)(A)(iii)	EISA 2007 § 523	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.
Sustainable Design Principles	42 U.S.C. § 6834(a)(3)(D)(i)(III)	EISA 2007 § 433	New Federal buildings and major renovations of existing buildings are to apply sustainable design principles to the siting, design, and construction of such buildings.

Site Planning
Title	Legal Authority	Originating Legislation	Summary
Predevelopment Hydrology of a Facility	42 U.S.C. § 17094	N/A	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.