New federal buildings would no longer have to adhere to strict limitations on their use of fossil fuels under an amendment House appropriators attached yesterday to the energy and water spending bill.

The amendment -- offered by Rep. Rodney Alexander (R-La.) -- would prohibit the Department of Energy from using federal funds to enforce a rule based on Section 433 in the 2007 Energy Independence and Security Act. The House Appropriations Committee adopted it on a voice vote.

That provision requires new federal buildings -- as well as those with certain renovations -- to sharply decrease their use of fossil fuels. By 2030, fossil fuel-generated energy would be eliminated in such buildings.

Government contractors say that the law could discourage agencies from undertaking "deep retrofits" that curb energy use. Agencies, they say, will bypass energy upgrades because it could trigger the law, which calls for tough requirements on fossil fuel use in buildings that undergo renovations costing more than $2.5 million (E&E Daily, April 25).

DOE proposed a rule in 2010, following the law's directive. The final rule is now being reviewed by the White House Office of Information and Regulatory Affairs.

In a statement today, Alexander said agencies "are not financially capable" of adhering to the 2007 law and resulting rule. Natural gas, he argued, is one way agencies are improving their energy use -- and is precluded by the provision.

"In turn, this rule will end up costing the American taxpayer as the energy bills for federal buildings will continue to increase, and the pursuit of natural gas alternatives will diminish, leading to a bleak energy future," Alexander said.

Rep. Peter Visclosky (D-Ind.) spoke out against the amendment at yesterday's markup, pointing out that buildings account for almost 40 percent of total energy consumption in the United States. Alexander's amendment, he said, "introduces uncertainty."

The American Institute of Architects also pushed back against the effort, arguing that the federal government is leading by example by requiring such significant reduction targets.

"Weakening or repealing Sec. 433 with no deliberation or discussion will dramatically harm the federal government's ability to design and build facilities that use less energy and protect the environment," AIA Executive Vice President Robert Ivy said in a statement. The provision, he said, has already spurred the development of new materials and technologies.

But Republicans on the House Energy and Commerce Committee "are supportive," said spokesman Charlotte Baker. Baker said the committee currently does not have legislation, but in his statement, Alexander said the panel's members "are supportive of having legislation passed this year that addresses this issue."

Democrats, however, strongly oppose such efforts. The provision originated in the 2007 Carbon Neutral Government Act, which was introduced by Rep. Henry Waxman, who is now the top Democrat on the Energy and Commerce panel. Spokeswoman Karen Lightfoot said yesterday that the California Democrat "strongly opposes the amendment and believes it is unnecessary and misguided."