[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2971 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2971
To promote energy efficiency, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 3, 2014
Mrs. Shaheen (for herself and Mr. Portman) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources, and the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To promote energy efficiency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficiency Improvement Act of
2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--BETTER BUILDINGS
Sec. 101. Short title.
Sec. 102. Energy efficiency in Federal and other buildings.
Sec. 103. Separate spaces with high-performance energy efficiency
measures.
Sec. 104. Tenant star program.
TITLE II--GRID-ENABLED WATER HEATERS
Sec. 201. Grid-enabled water heaters.
TITLE III--ENERGY EFFICIENT GOVERNMENT TECHNOLOGY
Sec. 301. Short title.
Sec. 302. Energy-efficient and energy-saving information technologies.
Sec. 303. Energy efficient data centers.
TITLE IV--ENERGY INFORMATION FOR COMMERCIAL BUILDINGS
Sec. 401. Energy information for commercial buildings.
TITLE I--BETTER BUILDINGS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Better Buildings Act of 2014''.
SEC. 102. ENERGY EFFICIENCY IN FEDERAL AND OTHER BUILDINGS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Cost-effective energy efficiency measure.--The term
``cost-effective energy efficiency measure'' means any building
product, material, equipment, or service, and the installing,
implementing, or operating of that building product, material,
equipment, or service, that provides energy savings in an
amount that is not less than the cost of the installing,
implementing, or operating.
(3) Cost-effective water efficiency measure.--The term
``cost-effective water efficiency measure'' means any building
product, material, equipment, or service, and the installing,
implementing, or operating of that building product, material,
equipment, or service, that provides water savings in an amount
that is not less than the cost of the installing, implementing,
or operating.
(b) Model Provisions, Policies, and Best Practices.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in consultation with
the Secretary of Energy and after providing the public with an
opportunity for notice and comment, shall develop model
commercial leasing provisions and best practices in accordance
with this subsection.
(2) Commercial leasing.--
(A) In general.--The model commercial leasing
provisions developed under this subsection shall align
the interests of building owners and tenants with
regard to investments in cost-effective energy
efficiency measures and cost-effective water efficiency
measures to encourage building owners and tenants to
collaborate to invest in cost-effective energy
efficiency measures and cost-effective water efficiency
measures.
(B) Use of model provisions.--The Administrator may
use the model commercial leasing provisions developed
under this subsection in any standard leasing document
that designates a Federal agency (or other client of
the Administrator) as a landlord or tenant.
(C) Publication.--The Administrator shall
periodically publish the model commercial leasing
provisions developed under this subsection, including
explanatory materials, to encourage building owners and
tenants in the private sector to use the provisions and
materials.
(3) Realty services.--The Administrator shall develop
policies and practices to implement cost-effective energy
efficiency measures and cost-effective water efficiency
measures for the realty services provided by the Administrator
to Federal agencies (or other clients of the Administrator),
including periodic training of appropriate Federal employees
and contractors on how to identify and evaluate those measures.
(4) State and local assistance.--The Administrator, in
consultation with the Secretary of Energy, shall make available
model commercial leasing provisions and best practices
developed under this subsection to State, county, and municipal
governments for use in managing owned and leased building space
in accordance with the goal of encouraging investment in all
cost-effective energy efficiency measures and cost-effective
water efficiency measures.
SEC. 103. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY
MEASURES.
(a) In General.--Subtitle B of title IV of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17081 et seq.) is amended by adding
at the end the following:
``SEC. 424. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY
MEASURES.
``(a) Definitions.--In this section:
``(1) High-performance energy efficiency measure.--The term
`high-performance energy efficiency measure' means a
technology, product, or practice that will result in
substantial operational cost savings by reducing energy
consumption and utility costs.
``(2) Separate spaces.--The term `separate spaces' means
areas within a commercial building that are leased or otherwise
occupied by a tenant or other occupant for a period of time
pursuant to the terms of a written agreement.
``(b) Study.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary, acting through the
Assistant Secretary of Energy Efficiency and Renewable Energy,
shall complete a study on the feasibility of--
``(A) significantly improving energy efficiency in
commercial buildings through the design and
construction, by owners and tenants, of separate spaces
with high-performance energy efficiency measures; and
``(B) encouraging owners and tenants to implement
high-performance energy efficiency measures in separate
spaces.
``(2) Scope.--The study shall include--
``(A) descriptions of--
``(i) high-performance energy efficiency
measures that should be considered as part of
the initial design and construction of separate
spaces;
``(ii) processes that owners, tenants,
architects, and engineers may replicate when
designing and constructing separate spaces with
high-performance energy efficiency measures;
``(iii) policies and best practices to
achieve reductions in energy intensities for
lighting, plug loads, heating, cooling,
cooking, laundry, and other systems to satisfy
the needs of the commercial building tenant;
``(iv) return on investment and payback
analyses of the incremental cost and projected
energy savings of the proposed set of high-
performance energy efficiency measures,
including consideration of available
incentives;
``(v) models and simulation methods that
predict the quantity of energy used by separate
spaces with high-performance energy efficiency
measures and that compare that predicted
quantity to the quantity of energy used by
separate spaces without high-performance energy
efficiency measures but that otherwise comply
with applicable building code requirements;
``(vi) measurement and verification
platforms demonstrating actual energy use of
high-performance energy efficiency measures
installed in separate spaces, and whether such
measures generate the savings intended in the
initial design and construction of the separate
spaces;
``(vii) best practices that encourage an
integrated approach to designing and
constructing separate spaces to perform at
optimum energy efficiency in conjunction with
the central systems of a commercial building;
and
``(viii) any impact on employment resulting
from the design and construction of separate
spaces with high-performance energy efficiency
measures; and
``(B) case studies reporting economic and energy
savings returns in the design and construction of
separate spaces with high-performance energy efficiency
measures.
``(3) Public participation.--Not later than 90 days after
the date of enactment of this section, the Secretary shall
publish a notice in the Federal Register requesting public
comments regarding effective methods, measures, and practices
for the design and construction of separate spaces with high-
performance energy efficiency measures.
``(4) Publication.--The Secretary shall publish the study
on the website of the Department of Energy.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Energy Independence and Security Act of 2007 (42 U.S.C. 17001) is
amended by inserting after the item relating to section 423 the
following:
``Sec. 424. Separate spaces with high-performance energy efficiency
measures.''.
SEC. 104. TENANT STAR PROGRAM.
(a) In General.--Subtitle B of title IV of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17081 et seq.) (as amended by
section 103) is amended by adding at the end the following:
``SEC. 425. TENANT STAR PROGRAM.
``(a) Definitions.--In this section:
``(1) High-performance energy efficiency measure.--The term
`high-performance energy efficiency measure' has the meaning
given the term in section 424.
``(2) Separate spaces.--The term `separate spaces' has the
meaning given the term in section 424.
``(b) Tenant Star.--The Administrator of the Environmental
Protection Agency, in consultation with the Secretary, shall develop a
voluntary program within the Energy Star program established by section
324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), which
may be known as `Tenant Star', to promote energy efficiency in separate
spaces leased by tenants or otherwise occupied within commercial
buildings.
``(c) Expanding Survey Data.--The Secretary, acting through the
Administrator of the Energy Information Administration, shall--
``(1) collect, through each Commercial Buildings Energy
Consumption Survey of the Energy Information Administration
that is conducted after the date of enactment of this section,
data on--
``(A) categories of building occupancy that are
known to consume significant quantities of energy, such
as occupancy by data centers, trading floors, and
restaurants; and
``(B) other aspects of the property, building
operation, or building occupancy determined by the
Administrator of the Energy Information Administration,
in consultation with the Administrator of the
Environmental Protection Agency, to be relevant in
lowering energy consumption;
``(2) with respect to the first Commercial Buildings Energy
Consumption Survey conducted after the date of enactment of
this section, to the extent full compliance with the
requirements of paragraph (1) is not feasible, conduct
activities to develop the capability to collect the data and
begin to collect the data; and
``(3) make data collected under paragraphs (1) and (2)
available to the public in aggregated form and provide the
data, and any associated results, to the Administrator of the
Environmental Protection Agency for use in accordance with
subsection (d).
``(d) Recognition of Owners and Tenants.--
``(1) Occupancy-based recognition.--Not later than 1 year
after the date on which sufficient data is received pursuant to
subsection (c), the Administrator of the Environmental
Protection Agency shall, following an opportunity for public
notice and comment--
``(A) in a manner similar to the Energy Star rating
system for commercial buildings, develop policies and
procedures to recognize tenants in commercial buildings
that voluntarily achieve high levels of energy
efficiency in separate spaces;
``(B) establish building occupancy categories
eligible for Tenant Star recognition based on the data
collected under subsection (c) and any other
appropriate data sources; and
``(C) consider other forms of recognition for
commercial building tenants or other occupants that
lower energy consumption in separate spaces.
``(2) Design- and construction-based recognition.--After
the study required by section 424(b) is completed, the
Administrator of the Environmental Protection Agency, in
consultation with the Secretary and following an opportunity
for public notice and comment, may develop a voluntary program
to recognize commercial building owners and tenants that use
high-performance energy efficiency measures in the design and
construction of separate spaces.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Energy Independence and Security Act of 2007 (42 U.S.C. 17001) is
amended by inserting after the item relating to section 424 (as added
by section 103(b)) the following:
``Sec. 425. Tenant Star program.''.
TITLE II--GRID-ENABLED WATER HEATERS
SEC. 201. GRID-ENABLED WATER HEATERS.
(a) Energy Conservation Standards.--Section 325(e) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(e)) is amended by adding at
the end the following:
``(6) Additional standards for grid-enabled water
heaters.--
``(A) Definitions.--In this paragraph:
``(i) Activation lock.--The term
`activation lock' means a control mechanism
that is either a physical device directly on
the water heater or a control system integrated
into the water heater that is locked by default
and contains a physical, software, or digital
communication that must be activated with an
activation key to enable the product to operate
at its designed specifications and capabilities
and without which activation the product would
provide not greater than 50 percent of the
rated first hour delivery of hot water
certified by the manufacturer.
``(ii) Grid-enabled water heater.--The term
`grid-enabled water heater' means an electric
resistance water heater that--
``(I) has a rated storage tank
volume of more than 75 gallons;
``(II) is manufactured on or after
April 16, 2015;
``(III) has--
``(aa) an energy factor of
not less than 1.061 minus the
product obtained by
multiplying--
``(AA) the rated
storage volume of the
tank, expressed in
gallons; and
``(BB) 0.00168; or
``(bb) an equivalent
alternative standard prescribed
by the Secretary and developed
pursuant to paragraph (5)(E);
``(IV) is equipped at the point of
manufacture with an activation lock;
and
``(V) bears a permanent label
applied by the manufacturer that--
``(aa) is made of material
not adversely affected by
water;
``(bb) is attached by means
of non-water-soluble adhesive;
and
``(cc) advises purchasers
and end-users of the intended
and appropriate use of the
product with the following
notice printed in 16.5 point
Arial Narrow Bold font:
```IMPORTANT INFORMATION: This water heater is intended only for use as
part of an electric thermal storage or demand response program. It will
not provide adequate hot water unless enrolled in such a program and
activated by your utility company or another program operator. Confirm
the availability of a program in your local area before purchasing or
installing this product.'.
``(B) Requirement.--The manufacturer or private
labeler shall provide the activation key for a grid-
enabled water heater only to a utility or other company
that operates an electric thermal storage or demand
response program that uses such a grid-enabled water
heater.
``(C) Reports.--
``(i) Manufacturers.--The Secretary shall
require each manufacturer of grid-enabled water
heaters to report to the Secretary annually the
quantity of grid-enabled water heaters that the
manufacturer ships each year.
``(ii) Operators.--The Secretary shall
require utilities and other demand response and
thermal storage program operators to report
annually the quantity of grid-enabled water
heaters activated for their programs using
forms of the Energy Information Agency or using
such other mechanism that the Secretary
determines appropriate after an opportunity for
notice and comment.
``(iii) Confidentiality requirements.--The
Secretary shall treat shipment data reported by
manufacturers as confidential business
information.
``(D) Publication of information.--
``(i) In general.--In 2017 and 2019, the
Secretary shall publish an analysis of the data
collected under subparagraph (C) to assess the
extent to which shipped products are put into
use in demand response and thermal storage
programs.
``(ii) Prevention of product diversion.--If
the Secretary determines that sales of grid-
enabled water heaters exceed by 15 percent or
greater the quantity of grid-enabled water
heaters activated for use in demand response
and thermal storage programs annually, the
Secretary shall, after opportunity for notice
and comment, establish procedures to prevent
product diversion for nonprogram purposes.
``(E) Compliance.--
``(i) In general.--Subparagraphs (A)
through (D) shall remain in effect until the
Secretary determines under this section that--
``(I) grid-enabled water heaters do
not require a separate efficiency
requirement; or
``(II) sales of grid-enabled water
heaters exceed by 15 percent or greater
the quantity of grid-enabled water
heaters activated for use in demand
response and thermal storage programs
annually and procedures to prevent
product diversion for nonprogram
purposes would not be adequate to
prevent the product diversion.
``(ii) Effective date.--If the Secretary
exercises the authority described in clause (i)
or amends the efficiency requirement for grid-
enabled water heaters, that action will take
effect on the date described in subsection
(m)(4)(A)(ii).
``(iii) Consideration.--In carrying out
this section with respect to electric water
heaters, the Secretary shall consider the
impact on thermal storage and demand response
programs, including any impact on energy
savings, electric bills, peak load reduction,
electric reliability, integration of renewable
resources, and the environment.
``(iv) Requirements.--In carrying out this
paragraph, the Secretary shall require that
grid-enabled water heaters be equipped with
communication capability to enable the grid-
enabled water heaters to participate in
ancillary services programs if the Secretary
determines that the technology is available,
practical, and cost-effective.''.
(b) Prohibited Acts.--Section 332(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6302(a)) is amended--
(1) in paragraph (5), by striking ``or'' at the end;
(2) in the first paragraph (6), by striking the period at
the end and inserting a semicolon;
(3) by redesignating the second paragraph (6) as paragraph
(7);
(4) in subparagraph (B) of paragraph (7) (as so
redesignated), by striking the period at the end and inserting
``; or''; and
(5) by adding at the end the following:
``(8) for any person--
``(A) to activate an activation lock for a grid-
enabled water heater with knowledge that the grid-
enabled water heater is not used as part of an electric
thermal storage or demand response program;
``(B) to distribute an activation key for a grid-
enabled water heater with knowledge that the activation
key will be used to activate a grid-enabled water
heater that is not used as part of an electric thermal
storage or demand response program;
``(C) to otherwise enable a grid-enabled water
heater to operate at its designed specification and
capabilities with knowledge that the grid-enabled water
heater is not used as part of an electric thermal
storage or demand response program; or
``(D) to knowingly remove or render illegible the
label of a grid-enabled water heater described in
section 325(e)(6)(A)(ii)(V).''.
(c) Enforcement.--Section 333(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6303(a)) is amended--
(1) by striking ``section 332(a)(5)'' and inserting
``paragraph (5), (6), (7), or (8) of section 332(a)''; and
(2) by striking ``paragraph (1), (2), or (5) of section
332(a)'' and inserting ``paragraph (1), (2), (5), (6), (7), or
(8) of section 332(a)''.
(d) Injunctive Enforcement.--Section 334 of the Energy Policy and
Conservation Act (42 U.S.C. 6304) is amended--
(1) in the first sentence, by striking ``section
332(a)(5)'' and inserting ``paragraph (5), (6), (7), or (8) of
section 332(a)''; and
(2) in the second sentence, by striking ``section
332(a)(6)'' and inserting ``section 332(a)(7)''.
TITLE III--ENERGY EFFICIENT GOVERNMENT TECHNOLOGY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Energy Efficient Government
Technology Act''.
SEC. 302. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES.
Subtitle C of title V of the Energy Independence and Security Act
of 2007 (Public Law 110-140; 121 Stat. 1661) is amended by adding at
the end the following:
``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(2) Information technology.--The term `information
technology' has the meaning given the term in section 11101 of
title 40, United States Code.
``(b) Development of Implementation Strategy.--Not later than 1
year after the date of enactment of this section, each Federal agency
shall coordinate with the Director, the Secretary, and the
Administrator of the Environmental Protection Agency to develop an
implementation strategy (that includes best practices and measurement
and verification techniques) for the maintenance, purchase, and use by
the Federal agency of energy-efficient and energy-saving information
technologies, taking into consideration the performance goals
established under subsection (d).
``(c) Administration.--In developing an implementation strategy
under subsection (b), each Federal agency shall consider--
``(1) advanced metering infrastructure;
``(2) energy-efficient data center strategies and methods
of increasing asset and infrastructure utilization;
``(3) advanced power management tools;
``(4) building information modeling, including building
energy management;
``(5) secure telework and travel substitution tools; and
``(6) mechanisms to ensure that the agency realizes the
energy cost savings brought about through increased efficiency
and utilization.
``(d) Performance Goals.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Director, in consultation
with the Secretary, shall establish performance goals for
evaluating the efforts of Federal agencies in improving the
maintenance, purchase, and use of energy-efficient and energy-
saving information technology.
``(2) Best practices.--The Chief Information Officers
Council established under section 3603 of title 44, United
States Code, shall recommend best practices for the attainment
of the performance goals, which shall include Federal agency
consideration of the use of--
``(A) energy savings performance contracting; and
``(B) utility energy services contracting.
``(e) Reports.--
``(1) Agency reports.--Each Federal agency shall include in
the report of the agency under section 527 a description of the
efforts and results of the agency under this section.
``(2) OMB government efficiency reports and scorecards.--
Effective beginning not later than October 1, 2015, the
Director shall include in the annual report and scorecard of
the Director required under section 528 a description of the
efforts and results of Federal agencies under this section.''.
SEC. 303. ENERGY EFFICIENT DATA CENTERS.
Section 453 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17112) is amended--
(1) in subsection (b), by striking paragraph (3); and
(2) by striking subsections (c) through (g) and inserting
the following:
``(c) Stakeholder Involvement.--
``(1) In general.--The Secretary and the Administrator
shall carry out subsection (b) in consultation with information
technology industry and other key stakeholders, with the goal
of producing results that accurately reflect the best knowledge
in the most pertinent domains.
``(2) Requirements.--In carrying out paragraph (1), the
Secretary and the Administrator shall pay particular attention
to organizations that--
``(A) have members with expertise in energy
efficiency and in the development, operation, and
functionality of data centers, information technology
equipment, and software, such as representatives of
hardware manufacturers, data center operators, and
facility managers;
``(B) obtain and address input from National
Laboratories (as defined in section 3 of the Energy
Policy Act of 2005 (42 U.S.C. 15801)) institution of
higher education, research institution, industry
association, company, or public interest group with
applicable expertise;
``(C) follow--
``(i) commonly accepted procedures for the
development of specifications; and
``(ii) accredited standards development
processes; and
``(D) have a mission to promote energy efficiency
for data centers and information technology.
``(d) Measurements and Specifications.--The Secretary and the
Administrator shall consider and assess the adequacy of the
specifications, measurements, and benchmarks described in subsection
(b) for use by the Federal Energy Management Program, the Energy Star
Program, and other efficiency programs of the Department or the
Environmental Protection Agency.
``(e) Study.--The Secretary, in consultation with the
Administrator, shall, not later than 18 months after the date of
enactment of the Energy Efficient Government Technology Act, make
available to the public an update to the Report to Congress on Server
and Data Center Energy Efficiency published on August 2, 2007, under
section 1 of Public Law 109-431 (120 Stat. 2920), that provides--
``(1) a comparison and gap analysis of the estimates and
projections contained in the original report with new data
regarding the period from 2007 through 2014;
``(2) an analysis considering the impact of information
technologies, including virtualization and cloud computing, in
the public and private sectors;
``(3) an evaluation of the impact of the combination of
cloud platforms, mobile devices, social media, and big data on
data center energy usage; and
``(4) updated projections and recommendations for best
practices through fiscal year 2020.
``(f) Data Center Energy Practitioner Program.--
``(1) In general.--The Secretary, in consultation with key
stakeholders and the Director of the Office of Management and
Budget, shall maintain a data center energy practitioner
program that leads to the certification of energy practitioners
qualified to evaluate the energy usage and efficiency
opportunities in Federal data centers.
``(2) Evaluations.--Each Federal agency shall consider
having the data centers of the agency evaluated every 4 years
by energy practitioners certified pursuant to the data center
energy practitioner program and whenever practicable using
certified practitioners employed by the agency.
``(g) Open Data Initiative.--
``(1) In general.--The Secretary, in consultation with key
stakeholders and the Director of the Office of Management and
Budget, shall establish an open data initiative for Federal
data center energy usage data, with the purpose of making the
energy usage data available and accessible in a manner that
encourages further data center innovation, optimization, and
consolidation.
``(2) Model.--In establishing the initiative under
paragraph (1), the Secretary shall consider the use of the
online Data Center Maturity Model.
``(h) International Specifications and Metrics.--The Secretary, in
consultation with key stakeholders, shall actively participate in
efforts to harmonize global specifications and metrics for data center
energy efficiency.
``(i) Data Center Utilization Metric.--The Secretary, in
consultation with key stakeholders, shall facilitate the development of
an efficiency metric that measures the energy efficiency of a data
center (including equipment and facilities).
``(j) Protection of Proprietary Information.--The Secretary and the
Administrator shall not disclose any proprietary information or trade
secrets provided by any individual or company for the purposes of
carrying out this section or the programs and initiatives established
under this section.''.
TITLE IV--ENERGY INFORMATION FOR COMMERCIAL BUILDINGS
SEC. 401. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS.
(a) Requirement of Benchmarking and Disclosure for Leasing
Buildings Without Energy Star Labels.--Section 435(b)(2) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is
amended--
(1) by striking ``paragraph (2)'' and inserting ``paragraph
(1)''; and
(2) by striking ``signing the contract,'' and all that
follows through the period at the end and inserting ``signing
the contract, the following requirements are met:
``(A) The space is renovated for all energy
efficiency and conservation improvements that would be
cost effective over the life of the lease, including
improvements in lighting, windows, and heating,
ventilation, and air conditioning systems.
``(B)(i) Subject to clause (ii), the space is
benchmarked under a nationally recognized, online, free
benchmarking program, with public disclosure, unless
the space is a space for which owners cannot access
whole building utility consumption data, including
spaces--
``(I) that are located in States with
privacy laws that provide that utilities shall
not provide such aggregated information to
multitenant building owners; and
``(II) for which tenants do not provide
energy consumption information to the
commercial building owner in response to a
request from the building owner.
``(ii) A Federal agency that is a tenant of the
space shall provide to the building owner, or authorize
the owner to obtain from the utility, the energy
consumption information of the space for the
benchmarking and disclosure required by this
subparagraph.''.
(b) Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Energy, in
collaboration with the Administrator of the Environmental
Protection Agency, shall complete a study--
(A) on the impact of--
(i) State and local performance
benchmarking and disclosure policies, and any
associated building efficiency policies, for
commercial and multifamily buildings; and
(ii) programs and systems in which
utilities provide aggregated information
regarding whole building energy consumption and
usage information to owners of multitenant
commercial, residential, and mixed-use
buildings;
(B) that identifies best practice policy approaches
studied under subparagraph (A) that have resulted in
the greatest improvements in building energy
efficiency; and
(C) that considers--
(i) compliance rates and the benefits and
costs of the policies and programs on building
owners, utilities, tenants, and other parties;
(ii) utility practices, programs, and
systems that provide aggregated energy
consumption information to multitenant building
owners, and the impact of public utility
commissions and State privacy laws on those
practices, programs, and systems;
(iii) exceptions to compliance in existing
laws where building owners are not able to
gather or access whole building energy
information from tenants or utilities;
(iv) the treatment of buildings with--
(I) multiple uses;
(II) uses for which baseline
information is not available; and
(III) uses that require high levels
of energy intensities, such as data
centers, trading floors, and
televisions studios;
(v) implementation practices, including
disclosure methods and phase-in of compliance;
(vi) the safety and security of
benchmarking tools offered by government
agencies, and the resiliency of those tools
against cyber-attacks; and
(vii) international experiences with regard
to building benchmarking and disclosure laws
and data aggregation for multitenant buildings.
(2) Submission to congress.--On completing the study, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
results of the study.
(c) Creation and Maintenance of Database.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act and following opportunity for public
notice and comment, the Secretary of Energy, in coordination
with other relevant agencies, shall maintain, and if necessary,
create, a database for the purpose of storing and making
available public energy-related information on commercial and
multifamily buildings, including--
(A) data provided under Federal, State, local, and
other laws or programs regarding building benchmarking
and energy information disclosure;
(B) information on buildings that have disclosed
energy ratings and certifications; and
(C) energy-related information on buildings
provided voluntarily by the owners of the buildings,
only in an anonymous form unless the owner provides
otherwise.
(2) Complementary programs.--The database maintained
pursuant to paragraph (1) shall complement and not duplicate
the functions of the Energy Star Portfolio Manager tool of the
Environmental Protection Agency.
(d) Input From Stakeholders.--The Secretary of Energy shall seek
input from stakeholders to maximize the effectiveness of the actions
taken under this section.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, and every 2 years thereafter, the Secretary of Energy shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report on the progress made in complying with this
section.
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