42 U.S.C. § 17091 — Leasing

(a) In general: Starting three years after December 19, 2007, a Federal agency generally cannot sign a lease for space in a building unless that building earned the Energy Star label in the most recent year. This rule has exceptions, covered in subsection (b). (b) Exception: This exception applies in four situations: no available building that meets the agency's functional and location needs has the Energy Star label; the agency wants to stay in a building it already occupies; the agency wants to lease a building — or space in one — that has historical, architectural, or cultural significance, as defined in a separate law; or the lease covers no more than 10,000 gross square feet. If one of those four situations applies, the agency may still sign a lease in a building without the Energy Star label, but only if the lease requires two things to happen before the agency moves in (or, for an agency staying in a building it already occupies, within one year of signing): First, the space must be renovated with every energy-efficiency and conservation improvement — such as better lighting, windows, and heating and cooling systems — that would pay for itself over the life of the lease. Second, the space generally must be benchmarked using a free, nationally recognized online program that discloses the results publicly. This benchmarking is not required if the building owner cannot get whole-building utility data — for example, because state privacy law bars utilities from sharing combined data with owners of multitenant buildings, and the tenants themselves won't share their own energy data when the owner asks. When a Federal agency is the tenant, though, it must give its energy consumption data to the building owner, or let the owner get it from the utility, so the benchmarking and disclosure can happen. (c) Revision of Federal Acquisition Regulation: Within three years of December 19, 2007, the Federal Acquisition Regulation had to be revised so that Federal officers and employees are required to follow this section when leasing buildings. Before writing those regulations, the members of the Federal Acquisition Regulatory Council had to consult with the Federal Director and the Commercial Director.