Section 433 of the Energy and Security Act of 2007

In 2007, the Energy Independence and Security Act of 2007 (EISA) was passed.  Section 433 of that legislation would eliminate all fossil fuel-generated energy from federal buildings by the year 2030. This ban would apply to all new or renovated Federal buildings.  The law does not allow for the direct use of natural gas, combined heat and power (CHP), or distributed generation and eliminates all fossil fuel-generated electricity regardless of emissions.  The fossil-fuel reduction would start at 55% by 2010 and would increase to 65% by 2015, 80% by 2020, 90% by 2025 and 100% by 2030.

Currently, there is bipartisan support in both the House and Senate to replace section 433 with fuel-neutral energy efficiency provisions that achieve real energy efficiency gains in federal buildings.

APGA's Position

Congress should eliminate the ban on fossil fuel generated energy in EISA 2007 Section 433. 

  • The ban restricts adoption of high-efficiency technologies such as CHP. This technology is currently being installed to power the capitol complex.  DOE has acknowledged the challenge of simultaneously using energy efficient CHP and waste heat recovery technology while complying with the mandated reduction in fossil fuel-generated energy.   
  • The ban ultimately works against energy efficiency in federal buildings. Under the legislation, a very inefficient federal building may be built or renovated in an inefficient manner as long as it draws its energy from non-fossil fuel sources.
  • The threshold amount for renovations is very low and would mean almost all renovations to federal buildings would trigger mandatory compliance, resulting in many agencies not undertaking retrofits at all.
  • The ban runs counter to an “all of the above” national energy strategy.

APGA supports bipartisan legislation that would repeal Section 433 of EISA and replace it with policies that improve the efficiency of federal facilities, such as the All-of-the-Above Federal Building Energy Conservation Act of 2019.  


What can you do?

APGA urges locally-owned natural gas utilities to contact their Members of Congress and ask them to pass legislation to reform Section 433. 

Contact your Senator

Contact your Representative