Reliable Federal Infrastructure Act
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The bill would repeal federal requirements that new and majorly renovated federal buildings phase out fossil fuel use by 2030, and would bar green-building certifiers from denying certification to federal buildings solely because they use fossil fuels.
It would leave federal buildings free to rely on fossil fuel energy sources indefinitely, until the Department of Energy issues replacement performance standards, marking a reversal of an Obama-era federal building efficiency mandate.
What this bill would do
What it would do
The bill would amend the Energy Conservation and Production Act to strike the subclauses requiring new federal buildings and buildings undergoing major renovations to phase out fossil fuel use, ultimately reaching zero fossil fuel energy consumption by 2030. It would also void the related Department of Energy regulations implementing that phase-out and instruct that, until DOE issues new rules, the underlying statute be treated as if the phase-out requirements never took effect.
The bill would additionally prohibit green-building certification systems used by the government from denying a federal building certification as a "green" or "high-performance green building" solely because the building consumes fossil fuels, directly or indirectly. DOE would have 180 days after enactment to issue new or revised regulations implementing the changes. The bill does not touch other federal building efficiency requirements unrelated to fossil fuel phase-outs.
Key provisions
- 1Would strike the statutory subclauses requiring new and majorly renovated federal buildings to phase out fossil fuel energy use by 2030
- 2Would void the existing Department of Energy regulations implementing the fossil fuel phase-out standards
- 3Would require the phase-out requirements to be treated as if they never took effect until DOE issues replacement regulations
- 4Would prohibit green-building certification systems from denying federal buildings certification solely due to fossil fuel consumption
- 5Would require the Secretary of Energy to issue new or revised implementing regulations within 180 days of enactment
Who would be affected
Federal agencies that build, renovate, or occupy federal buildings, the Department of Energy, and organizations that operate green-building certification systems (such as LEED) used to certify federal facilities.
Why it matters
Federal agencies would no longer face a statutory deadline to eliminate fossil fuel use in new or renovated buildings, potentially allowing continued reliance on natural gas or oil heating systems. Certification bodies would lose the ability to withhold green-building status from federal buildings based purely on fossil fuel consumption, changing how federal facilities can qualify for those labels.
What would change
Changes to existing law
Amends Energy Conservation and Production Act (42 U.S.C. § 6834(a)(3)(D)(i)) (Sec. 2(a))
Strikes subclauses requiring federal buildings to phase out fossil fuel use by 2030 and bars certifiers from denying green certification for fossil fuel use
Amends Energy Independence and Security Act of 2007 (42 U.S.C. § 17092(h)) (Sec. 2(c))
Adds a provision barring the identified certification system from denying green building status solely due to fossil fuel consumption
Repeals Title 10, Code of Federal Regulations, Parts 433 and 435, Subpart B (Sec. 2(b)(1))
Nullifies these DOE regulations implementing the fossil fuel phase-out standards for federal buildings
Agencies directed to act
Effective dates
- Deadline for DOE to issue new or revised regulations implementing the Act's amendments
How implementation would work
The repeal and regulatory nullification would take effect on enactment, immediately voiding the existing DOE fossil-fuel phase-out regulations for federal buildings. In the interim before DOE acts, the statute would be implemented as though the repealed phase-out requirements never existed, meaning agencies face no fossil fuel phase-out deadline. DOE would then have 180 days to draft and issue new or revised regulations reflecting the amended, less restrictive statutory standard, including the new rule barring green-certification systems from penalizing fossil fuel use.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Official CRS summary
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This bill repeals certain energy efficiency performance standards for new federal buildings and federal buildings undergoing major renovations. Specifically, the bill repeals the performance standards that phase out fossil fuel use in such buildings by FY2030.
The bill directs the Department of Energy to implement the standards as though such phase-out requirements had never taken effect until it issues regulations with revised performance standards.
The bill also specifies that certain systems that certify green buildings may not prohibit federal buildings from obtaining a certification as a green building or high-performance green building solely based on direct or indirect consumption of fossil fuels.
Legislative subjects
Building construction; Energy; Energy efficiency and conservation; Government buildings, facilities, and property; Performance measurement
Committee report
H. Rept. 119-483