Energy Policy Act of 2005

The Energy Policy Act of 2005 (EPAct 2005) established a number of energy management goals for Federal facilities and fleets. It also amended portions of the National Energy Conservation Policy Act (NECPA).

EPAct 2005 sets Federal energy management requirements in several areas, including:

• Metering and Reporting
• Energy-Efficient Product Procurement
• Energy Savings Performance Contracts
• Building Performance Standards
• Renewables Energy Requirement
• Alternative Fuel Use

This content is intended as a reference only. You should refer to the full text of EPAct 2005 for more details or other sections relevant to your work (PDF 3.2 MB). Download Acrobat Reader.

Please note, the Energy Independence and Security Act of 2007 (EISA 2007) and Executive Order (E.O.) 13423 have been issued subsequent to the passage of EPAct 2005. These authorities update many of the energy management requirements of EPAct 2005.

Some of the following documents are available as Adobe Acrobat PDFs.

Metering and Reporting

Section 103 of EPAct 2005 includes the following requirements surrounding energy use measurement and accounting:

• Directs that all Federal buildings be metered "...for the purposes of efficient energy use and reduction in the cost of electricity used in such buildings..." by October 1, 2012. Advanced meters or metering devices must provide data at least daily and measure the consumption of electricity at least hourly. These devices must be used to the maximum extent practicable.

• Directs the Secretary of Energy to develop guidelines for implementation. The Guidance for Electric Metering in Federal Buildings (PDF 2.7 MB) was published on February 3, 2006.

• Requires Federal agencies to submit to the Department of Energy (DOE) an implementation plan identifying personnel responsible for achieving the requirements, and any determination by the agency that advanced meters or metering systems are not practicable in their specific situation.

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Energy-Efficient Product Procurement

Section 104 of EPAct 2005 requires that each agency incorporate energy efficiency criteria consistent with ENERGY STAR® and FEMP-designated products for "...all procurements involving energy consuming products and systems, including guides specifications, project specifications, and construction, renovation, and services contracts that include provision of energy consuming products and systems, and into the factors for the evaluation of offers received for the procurement."

For more information, read:

• Proposed Rules (10 CFR Part 436): Federal Procurement of Energy-Efficient Products (PDF 123 KB)
• Rulemaking Comments (RIN Number 1904-AB68): Federal Procurement of Energy-Efficient Products (PDF 2.4 MB)
• Also see the listing of FEMP-designated energy-efficient products

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Energy Savings Performance Contracts

Section 105 extends energy savings performance contracts (ESPCs) from October 1, 2003, through September 30, 2016.

For more information about ESPCs, see Energy Savings Performance Contracts.

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Building Performance Standards

Section 109 of EPAct 2005 includes the following requirements surrounding Federal building performance standards:

• Directs new Federal buildings—commercial or residential—to be designed 30% below ASHRAE (American Society of Heating, Refrigerating, and Air-Conditioning Engineers) standards or the International Energy Code.

• Includes the application of sustainable design principles for new buildings.

• Requires Federal agencies to identify new buildings in their budget requests and those that meet or exceed the standards, which DOE must include in its annual report.

For more information, read:

• Final Rule (10 CFR Parts 433-435): Energy Conservation Standards for New Federal Commercial and Multi-Family High-Rise Residential Buildings and New Federal Low-Rise Residential Buildings
• Environmental Assessment for Final Rule: DOE/EA-1463, 2007 (PDF 515 KB)
• Rulemaking Comments: Docket EE-RM/STD-02-112 (PDF 3 MB)

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Renewable Energy Requirement

Section 203 of EPAct 2005 includes the following requirements surrounding the purchasing and use of renewable energy by Federal agencies:

• Requires that the Federal Government's renewable electricity consumption meet or exceed 3% from fiscal years 2007-2009, with increases to at least 5% in fiscal years 2010-2012 and 7.5% in 2013 and thereafter.

• Establishes a double credit bonus for Federal agencies if renewable electricity is produced on-site at a Federal facility, on Federal lands, or on Native American lands.

• Defines "renewable energy" as electric energy generated from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project.

Section 204 of EPAct 2005 includes the following requirements surrounding photovoltaic (PV) energy use in public buildings:

• Establishes PV energy commercialization program in Federal buildings.

• Requires the installation of 20,000 solar energy systems in Federal buildings by 2010.

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Alternative Fuel Use

Section 701 states that duel-fueled vehicles acquired pursuant to this section must be operated on alternative fuels unless the Secretary of Energy determines that an agency qualifies for a waiver.

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