[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3586 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 3586

 To promote energy savings in residential and commercial buildings and 
                   industry, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2019

 Mr. Schrader (for himself, Mr. Flores, Mr. Correa, Mr. Peterson, and 
 Mr. O'Halleran) introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To promote energy savings in residential and commercial buildings and 
                   industry, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Energy Savings and 
Building Efficiency Act of 2019''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
                           TITLE I--BUILDINGS

                   Subtitle A--Building Energy Codes

Sec. 101. Greater energy efficiency in building codes.
           Subtitle B--Worker Training and Capacity Building

Sec. 111. Building training and assessment centers.
                        TITLE II--MISCELLANEOUS

Sec. 201. Voluntary nature of building asset rating program.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of Energy.

                           TITLE I--BUILDINGS

                   Subtitle A--Building Energy Codes

SEC. 101. GREATER ENERGY EFFICIENCY IN BUILDING CODES.

    (a) Definitions.--Section 303 of the Energy Conservation and 
Production Act (42 U.S.C. 6832) is amended--
            (1) by striking paragraph (14) and inserting the following:
            ``(14) Model building energy code.--The term `model 
        building energy code' means a voluntary building energy code or 
        standard developed and updated through a consensus process 
        among interested persons, such as the IECC or ASHRAE Standard 
        90.1 or a code used by other appropriate organizations.''; and
            (2) by adding at the end the following:
            ``(17) IECC.--The term `IECC' means the International 
        Energy Conservation Code as published by the International Code 
        Council.
            ``(18) ASHRAE standard 90.1.--The term `ASHRAE Standard 
        90.1' means the American Society of Heating, Refrigerating and 
        Air Conditioning Engineers ANSI/ASHRAE/IESNA Standard 90.1 
        Energy Standard for Buildings Except Low-Rise Residential 
        Buildings.
            ``(19) Cost-effective.--The term `cost-effective' means 
        having a simple payback of 10 years or less.
            ``(20) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4103).
            ``(21) Simple payback.--The term `simple payback' means the 
        time in years that is required for energy savings to exceed the 
        incremental first cost of a new requirement or code.
            ``(22) Technically feasible.--The term `technically 
        feasible' means capable of being achieved, based on widely 
        available appliances, equipment, technologies, materials, and 
        construction practices.''.
    (b) State Building Energy Efficiency Codes.--Section 304 of the 
Energy Conservation and Production Act (42 U.S.C. 6833) is amended to 
read as follows:

``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

    ``(a) In General.--The Secretary shall provide technical 
assistance, as described in subsection (e), for the purposes of--
            ``(1) implementation of building energy codes by States, 
        Indian tribes, and, as appropriate, by local governments, that 
        are technically feasible and cost-effective; and
            ``(2) supporting full compliance with the State and local 
        codes.
    ``(b) State and Indian Tribe Certification of Building Energy Code 
Updates.--
            ``(1) Review and updating of codes by each state and indian 
        tribe.--
                    ``(A) In general.--Not later than 3 years after the 
                date on which a model building energy code is 
                published, each State or Indian tribe shall certify 
                whether or not the State or Indian tribe, respectively, 
                has reviewed and updated the energy provisions of the 
                building code of the State or Indian tribe, 
                respectively.
                    ``(B) Demonstration.--The certification shall 
                include a statement of whether or not the energy 
                savings for the code provisions that are in effect 
                throughout the State or Indian tribal territory meet or 
                exceed--
                            ``(i) the energy savings of the most 
                        recently published model building energy code; 
                        or
                            ``(ii) the energy savings of the existing 
                        Energy code previously in effect.
                    ``(C) No model building energy code update.--If a 
                model building energy code is not updated, each State 
                or Indian tribe shall not be subject to any 
                certification requirements.
            ``(2) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under paragraph 
        (1), the Secretary shall--
                    ``(A) determine whether the code provisions of the 
                State or Indian tribe, respectively, meet the criteria 
                specified in paragraph (1);
                    ``(B) determine whether the certification submitted 
                by the State or Indian tribe, respectively is complete; 
                and
                    ``(C) if the requirements of subparagraph (B) are 
                satisfied, validate the certification.
            ``(3) Limitation.--Nothing in this section shall be 
        interpreted to require a State or Indian tribe to adopt any 
        building code or provision within a code.
    ``(c) Improvements in Compliance With Building Energy Codes.--
            ``(1) Requirement.--
                    ``(A) In general.--Not later than 3 years after the 
                date of a certification under subsection (b), each 
                State and Indian tribe shall certify whether or not the 
                State and Indian tribe, respectively, has--
                            ``(i) achieved full compliance under 
                        paragraph (3) with the applicable certified 
                        State and Indian tribe building energy code or 
                        with the associated model building energy code; 
                        or
                            ``(ii) made significant progress under 
                        paragraph (4) toward achieving compliance with 
                        the applicable certified State and Indian tribe 
                        building energy code or with the associated 
                        model building energy code.
                    ``(B) Repeat certifications.--If the State or 
                Indian tribe certifies progress toward achieving 
                compliance, the State or Indian tribe shall repeat the 
                certification until the State or Indian tribe certifies 
                that the State or Indian tribe has achieved full 
                compliance, respectively.
            ``(2) Measurement of compliance.--A certification under 
        paragraph (1) shall include documentation of the rate of 
        compliance based on--
                    ``(A) inspections of a random sample of the 
                buildings covered by the code in the preceding year; or
                    ``(B) an alternative method that yields an accurate 
                measure of compliance.
            ``(3) Achievement of compliance.--A State or Indian tribe 
        shall be considered to achieve full compliance under paragraph 
        (1) if--
                    ``(A) at least 90 percent of building space covered 
                by the code in the preceding year substantially meets 
                all the requirements of the applicable code specified 
                in paragraph (1), or achieves equivalent or greater 
                energy savings level; or
                    ``(B) the estimated excess energy use of buildings 
                that did not meet the applicable code specified in 
                paragraph (1) in the preceding year, compared to a 
                baseline of comparable buildings that meet this code, 
                is not more than 5 percent of the estimated energy use 
                of all buildings covered by this code during the 
                preceding year.
            ``(4) Significant progress toward achievement of 
        compliance.--A State or Indian tribe shall be considered to 
        have made significant progress toward achieving compliance for 
        purposes of paragraph (1) if the State or Indian tribe has 
        developed and is implementing a plan for achieving compliance 
        during the 8-year period beginning on the date of enactment of 
        this paragraph, including annual targets for compliance and 
        active training and enforcement programs.
            ``(5) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under paragraph 
        (1), the Secretary shall--
                    ``(A) determine whether the State or Indian tribe 
                has demonstrated meeting the criteria of this 
                subsection, including accurate measurement of 
                compliance;
                    ``(B) determine whether the certification submitted 
                by the State or Indian tribe is complete; and
                    ``(C) if the requirements of subparagraph (B) are 
                satisfied, validate the certification.
            ``(6) Limitation.--Nothing in this section shall be 
        interpreted to require a State or Indian tribe to adopt any 
        building code or provision within a code.
    ``(d) States or Indian Tribes That Do Not Achieve Compliance.--
            ``(1) Reporting.--A State or Indian tribe that has not made 
        a certification required under subsection (b) or (c) by the 
        applicable deadline shall submit to the Secretary a report on 
        the status of the State or Indian tribe with respect to meeting 
        the requirements and submitting the certification.
            ``(2) State sovereignty.--Nothing in this section shall be 
        interpreted to require a State or Indian tribe to adopt any 
        building code or provision within a code.
            ``(3) Local government.--In any State or Indian tribe for 
        which the Secretary has not validated a certification under 
        subsection (b) or (c), a local government may be eligible for 
        Federal support by meeting the certification requirements of 
        subsections (b) and (c).
            ``(4) Annual reports by secretary.--
                    ``(A) In general.--The Secretary shall annually 
                submit to Congress, and publish in the Federal 
                Register, a report on--
                            ``(i) the status of model building energy 
                        codes;
                            ``(ii) the status of code adoption and 
                        compliance in the States and Indian tribes;
                            ``(iii) implementation of this section; and
                            ``(iv) improvements in energy savings over 
                        time.
                    ``(B) Impacts.--The report shall include estimates 
                of impacts of past action under this section, and 
                potential impacts of further action, on--
                            ``(i) upfront financial and construction 
                        costs, cost benefits and returns (using a 
                        simple payback analysis);
                            ``(ii) resulting energy costs to 
                        individuals and businesses; and
                            ``(iii) resulting overall annual building 
                        ownership and operating costs.
    ``(e) Technical Assistance to States and Indian Tribes.--
            ``(1) In general.--The Secretary shall, upon request, 
        provide technical assistance to States and Indian tribes to 
        implement the goals and requirements of this section, including 
        procedures and technical analysis for States and Indian 
        tribes--
                    ``(A) to implement State residential and commercial 
                building energy codes, including increasing and 
                verifying compliance with the codes and training of 
                State, tribal, and local building code officials to 
                implement and enforce the codes; and
                    ``(B) to document the rate of compliance with a 
                building energy code.
            ``(2) Technical assistance.--The assistance shall include, 
        as requested by the State or Indian tribe, technical assistance 
        in--
                    ``(A) evaluating the energy savings of building 
                energy codes;
                    ``(B) assessing the economic considerations, 
                referenced in section 307(c)(5), of implementing 
                building energy codes;
                    ``(C) building energy analysis and design tools;
                    ``(D) energy simulation models;
                    ``(E) building demonstrations;
                    ``(F) developing the definitions of energy use 
                intensity and building types for use in model building 
                energy codes to evaluate the efficiency impacts of the 
                model building energy codes; and
                    ``(G) complying with a performance-based pathway 
                referenced in the model code.
            ``(3) Exclusion.--Technical assistance under this section--
                    ``(A) shall not include actions that promote or 
                discourage the adoption of a particular building energy 
                code or code provision to a State or Indian tribe; and
                    ``(B) shall not be provided for adoption and 
                implementation of model building energy codes for which 
                the Secretary has made a determination under section 
                307(f)(2)(C) that the code is not cost-effective.
            ``(4) Information quality and transparency.--For purposes 
        of this section, information provided by the Secretary, 
        attendant to any technical assistance provided to a State or 
        Indian tribe, is `influential information' and shall satisfy 
        the guidelines established by the Office of Management and 
        Budget and published in the Federal Register on February 22, 
        2002 (67 Fed. Reg. 8452).
            ``(5) Training.--Support shall be offered to States to 
        train State and local building code officials to implement and 
        enforce model building energy codes.
            ``(6) Local governments.--States may work under this 
        subsection with local governments that implement and enforce 
        the codes.
            ``(7) States adopting other codes.--Upon a State's written 
        request, technical assistance may be provided to States 
        adopting an energy code other than a model building energy 
        code.
    ``(f) Voluntary Programs To Exceed Model Building Energy Code.--
            ``(1) In general.--The Secretary shall provide technical 
        assistance, as described in subsection (e), for the development 
        of voluntary programs that exceed the model building energy 
        codes for residential and commercial buildings for use as--
                    ``(A) voluntary incentive programs adopted by 
                local, tribal, or State governments; and
                    ``(B) non-binding guidelines for energy-efficient 
                building design.
            ``(2) Targets.--The voluntary programs described in 
        paragraph (1) shall be designed--
                    ``(A) to achieve substantial energy savings 
                compared to the model building energy codes; and
                    ``(B) to achieve these savings up to 3 to 6 years 
                in advance.
    ``(g) Studies.--
            ``(1) GAO study.--
                    ``(A) The Comptroller General of the United States 
                shall conduct a study of the impacts of updating the 
                national model building energy codes for residential 
                and commercial buildings. In conducting the study, the 
                Comptroller General shall consider and report, at a 
                minimum--
                            ``(i) the actual energy consumption savings 
                        stemming from updated energy codes compared to 
                        the energy consumption savings predicted during 
                        code development;
                            ``(ii) the actual consumer cost savings 
                        stemming from updated energy codes compared to 
                        predicted consumer cost savings; and
                            ``(iii) an accounting of expenditures of 
                        the Federal funds under each program authorized 
                        by the title or by amendments made by this 
                        title.
                    ``(B) Report to congress.--Not later than 3 years 
                after the date of enactment of the Energy Savings and 
                Building Efficiency Act of 2019, the Comptroller 
                General of the United States shall submit a report to 
                the Committee on Energy and Natural Resources of the 
                Senate and the Committee on Energy and Commerce of the 
                House of Representatives including the study findings 
                and conclusions.
            ``(2) Feasibility study.--The Secretary, in consultation 
        with building science experts from the National Laboratories 
        and institutions of higher education, designers and builders of 
        energy-efficient residential and commercial buildings, code 
        officials, and other stakeholders, shall undertake a study of 
        the feasibility, impact, economics, and merit of--
                    ``(A) code improvements that would require that 
                buildings be designed, sited, and constructed in a 
                manner that makes the buildings more adaptable in the 
                future to become zero-net-energy after initial 
                construction, as advances are achieved in energy-saving 
                technologies;
                    ``(B) code procedures to incorporate a ten-year 
                payback, not just first-year energy use, in trade-offs 
                and performance calculations; and
                    ``(C) legislative options for increasing energy 
                savings from building energy codes, including 
                additional incentives for effective State and local 
                verification of compliance with and enforcement of a 
                code.
            ``(3) Energy data in multi-tenant buildings.--The 
        Secretary, in consultation with appropriate representatives of 
        the utility, utility regulatory, building ownership, and other 
        stakeholders, shall--
                    ``(A) undertake a study of best practices regarding 
                delivery of aggregated energy consumption information 
                to owners and managers of residential and commercial 
                buildings with multiple tenants and uses; and
                    ``(B) consider the development of a memorandum of 
                understanding between and among affected stakeholders 
                to reduce barriers to the delivery of aggregated energy 
                consumption information to such owners and managers.
    ``(h) Effect on Other Laws.--Nothing in this section or section 307 
supersedes or modifies the application of sections 321 through 346 of 
the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.).
    ``(i) Funding Limitations.--No Federal funds shall be used to 
support actions by the Secretary, or States, to promote or discourage 
the adoption of a particular building energy code or code provision to 
a State or Indian tribe; or be provided to private third parties or 
non-governmental organizations to engage in this type of advocacy.''.
    (c) Model Building Energy Codes.--Section 307 of the Energy 
Conservation and Production Act (42 U.S.C. 6836) is amended to read as 
follows:

``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.

    ``(a) In General.--The Secretary shall provide technical 
assistance, as described in subsection (b), for updating of model 
building energy codes.
    ``(b) Technical Assistance to Model Building Energy Code-Setting 
and Standard Development Organizations.--
            ``(1) In general.--The Secretary shall, on a timely basis, 
        provide technical assistance to model building energy code-
        setting and standard development organizations consistent with 
        the goals of this section.
            ``(2) Technical assistance.--The technical assistance shall 
        include, as requested by the organizations, technical 
        assistance in--
                    ``(A) evaluating the energy savings of building 
                energy codes;
                    ``(B) assessing the economic considerations, under 
                subsection (c)(5), of code or standards proposals or 
                revisions;
                    ``(C) building energy analysis and design tools;
                    ``(D) energy simulation models;
                    ``(E) building demonstrations;
                    ``(F) developing definitions of energy use 
                intensity and building types for use in model building 
                energy codes to evaluate the efficiency impacts of the 
                model building energy codes;
                    ``(G) developing a performance-based pathway for 
                compliance;
                    ``(H) developing model building energy codes by 
                Indian tribes in accordance with tribal law; and
                    ``(I) code development meetings, including through 
                direct Federal employee participation in committee 
                meetings, hearings and online communication, voting, 
                and presenting research and technical or economic 
                analyses during such meetings.
            ``(3) Exclusion.--For purposes of this section, `technical 
        assistance' shall not include actions that promote or 
        discourage the adoption of a particular building energy code or 
        code provision. Notwithstanding this exclusion, the Secretary 
        shall be permitted to participate fully in code development 
        activities consistent with the paragraph (2)(I).
            ``(4) Information quality and transparency.--For purposes 
        of this section, information provided by the Secretary is 
        `influential information' and shall satisfy the guidelines 
        established by the Office of Management and Budget and 
        published in the Federal Register on February 22, 2002 (67 Fed. 
        Reg. 8452).
    ``(c) Amendment Proposals.--
            ``(1) In general.--The Secretary may submit to the model 
        building energy code-setting and standard development 
        organizations timely model building energy code amendment 
        proposals, with supporting evidence, that--
                    ``(A) are at the maximum level of energy efficiency 
                that is technically feasible, technology-neutral, and 
                cost effective, while accounting for the economic 
                considerations under paragraph (5);
                    ``(B) promote the achievement of commercial and 
                residential high-performance buildings through high-
                performance energy efficiency (within the meaning of 
                section 401 of the Energy Independence and Security Act 
                of 2007 (42 U.S.C. 17061)); and
                    ``(C) increase adoptability and compliance 
                according to section 304 and paragraph (3).
            ``(2) Process and factors.--All amendment proposals 
        submitted by the Secretary, along with the entire calculation 
        methodology (including input assumptions and data), shall be 
        published in the Federal Register and made available on the 
        Department of Energy website 90 days prior to any submittal to 
        a code development body. Additionally, the Secretary shall 
        accept public comments for a period of not less than 60 days. 
        Information provided by the Secretary, attendant to submission 
        of any amendment proposals, is `influential information', and 
        shall satisfy the guidelines established by the Office of 
        Management and Budget and published in the Federal Register on 
        February 22, 2002 (67 Fed. Reg. 8452). When calculating the 
        costs and benefits of an amendment, the Secretary shall use 
        climate zone weighted averages for equipment efficiency for 
        heating, cooling, ventilation systems and water heating 
        systems, using equipment that is actually installed.
            ``(3) Small business.--When establishing amendments under 
        paragraph (1), the Secretary shall ensure compliance with the 
        Small Business Regulatory Enforcement Fairness Act of 1996 (5 
        U.S.C. 601 note; Public Law 104-121) for any indirect economic 
        effect on small entities that is reasonably foreseeable and a 
        result of such amendment rule.
            ``(4) Appliance standards and other factors affecting 
        building energy use.--
                    ``(A) In general.--In establishing amendments under 
                paragraph (1), the Secretary shall develop and adjust 
                the amendments in recognition of potential savings and 
                costs relating to--
                            ``(i) efficiency gains made in appliances, 
                        lighting, windows, insulation, and building 
                        envelope sealing;
                            ``(ii) advancement of distributed 
                        generation and on-site renewable power 
                        generation technologies;
                            ``(iii) equipment improvements for heating, 
                        cooling, ventilation systems and water heating 
                        systems;
                            ``(iv) building management systems and 
                        SmartGrid technologies to reduce energy use; 
                        and
                            ``(v) other technologies, practices, and 
                        building systems regarding building plug load 
                        and other energy uses.
                    ``(B) Requirement.--In developing and adjusting the 
                amendments, the Secretary shall use climate zone 
                weighted averages for equipment efficiency for heating, 
                cooling, ventilation systems and water heating systems, 
                using equipment that is actually installed.
            ``(5) Economic considerations.--In establishing and 
        revising amendments under paragraph (1), the Secretary shall 
        consider the economic feasibility of achieving the proposed 
        amendments established under this section and the potential 
        costs and savings for consumers and building owners, by 
        conducting a return on investment analysis, using a simple 
        payback methodology over a 3-, 5-, and 7- year period. The 
        Secretary shall not propose, or provide technical or financial 
        assistance for, any provision in the code or amendment that has 
        a simple payback greater than 10 years.
    ``(d) Analysis Methodology.--The Secretary shall make publicly 
available the entire calculation methodology (including input 
assumptions and data) used by the Secretary to estimate the energy 
savings of code or standard proposals and revisions.
    ``(e) Methodology Development.--The Secretary shall establish a 
methodology for evaluating cost-effectiveness of energy code changes in 
multifamily buildings that incorporates economic parameters 
representative of typical multifamily buildings.
    ``(f) Determination.--
            ``(1) Analysis.--If the provisions of the IECC or ASHRAE 
        Standard 90.1 regarding building energy use are revised, not 
        later than 90 days after the date of the publication of the 
        revised code, the Secretary shall conduct a return on 
        investment analysis of the entire code, by climate zone, using 
        a simple payback methodology over a 3-, 5-, and 7-year period.
            ``(2) Determination.--If the provisions of the IECC or 
        ASHRAE Standard 90.1 regarding building energy use are revised, 
        the Secretary shall make a determination not later than 15 
        months after the date of the publication of the revised code, 
        on whether or not the revised code--
                    ``(A) improves energy efficiency in buildings 
                compared to the previously existing model building 
                energy code;
                    ``(B) is technically feasible; and
                    ``(C) is cost-effective.
    ``(g) Administration.--In carrying out this section, the Secretary 
shall--
            ``(1) publish notice of amendment proposals and supporting 
        analysis and determinations under this section in the Federal 
        Register to provide an explanation of and the basis for such 
        actions, including any supporting modeling, data, assumptions, 
        protocols, and cost benefit analysis, including return on 
        investment; and
            ``(2) provide an opportunity for public comment on 
        amendment proposals and supporting analysis and determinations 
        under this section.
    ``(h) Voluntary Codes and Standards.--Not withstanding any other 
provision of this section, any model building code or standard 
established under this section shall not be binding on a State, local 
government, or Indian tribe as a matter of Federal law.''.

           Subtitle B--Worker Training and Capacity Building

SEC. 111. BUILDING TRAINING AND ASSESSMENT CENTERS.

    The Secretary shall provide grants to institutions of higher 
education (as defined in section 101 of the Higher Education Act of 
1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as defined 
in section 316(b) of that Act (20 U.S.C. 1059c(b))) to establish 
building training and assessment centers--
            (1) to identify opportunities for optimizing energy 
        efficiency and environmental performance in buildings;
            (2) to promote the application of emerging concepts and 
        technologies in commercial and institutional buildings; and
            (3) to train engineers, architects, building scientists, 
        building energy permitting and enforcement officials, and 
        building technicians in energy-efficient design and operation.

                        TITLE II--MISCELLANEOUS

SEC. 201. VOLUNTARY NATURE OF BUILDING ASSET RATING PROGRAM.

    (a) In General.--Any program of the Secretary that may enable the 
owner of a commercial building or a residential building to obtain a 
rating, score, or label regarding the actual or anticipated energy 
usage or performance of a building shall be made available on a 
voluntary, optional, and market-driven basis.
    (b) Disclaimer as to Regulatory Intent.--Information disseminated 
by the Secretary regarding the program described in subsection (a), 
including any information made available by the Secretary on a website, 
shall include language plainly stating that such program is not 
developed or intended to be the basis for a regulatory program by a 
Federal, State, local, or municipal government body.
                                 <all>