[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9586 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9586

 To require the establishment of a national model building performance 
             standards initiative, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2022

     Mr. Levin of Michigan (for himself and Ms. Castor of Florida) 
 introduced the following bill; which was referred to the Committee on 
Energy and Commerce, and in addition to the Committee on Transportation 
 and Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To require the establishment of a national model building performance 
             standards initiative, 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 ``Creating Low-cost, 
Efficient And Net-zero Emissions Resilient Buildings Act'' or the 
``CLEANER Buildings Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. National model building performance standards initiative.
Sec. 3. National model building performance standards.
Sec. 4. Federal technical assistance and support.
Sec. 5. Progress reports.
Sec. 6. Performance standard application to existing Federal buildings.
Sec. 7. Authorization of appropriations.
Sec. 8. Definitions.

SEC. 2. NATIONAL MODEL BUILDING PERFORMANCE STANDARDS INITIATIVE.

    (a) Establishment.--The Administrator, in coordination with the 
Secretary, shall establish a national model building performance 
standards initiative, to--
            (1) assist State and local governments in the development 
        and implementation of building performance standards;
            (2) advance knowledge about building energy and water 
        performance and greenhouse gas emissions;
            (3) inform efforts to reduce energy and water consumption 
        in, and greenhouse gas emissions from, buildings nationwide; 
        and
            (4) achieve progress toward a 50 percent to 52 percent 
        reduction from 2005 levels in economy-wide net greenhouse gas 
        emissions by 2030.
    (b) Initiative Elements.--In carrying out the national model 
building performance standards initiative under subsection (a), the 
Administrator shall--
            (1) develop national model building performance standards 
        in accordance with section 3;
            (2) provide assistance to State and local governments under 
        section 4; and
            (3) provide related information to relevant entities, 
        including recommendations on incentives that could be provided 
        by State and local governments to building owners and occupants 
        for early compliance with building performance standards.
    (c) Coordination and Collaboration.--In carrying out subsection 
(a), the Administrator may--
            (1) coordinate with all relevant program offices across 
        Federal Government agencies; and
            (2) collaborate with relevant stakeholders, including--
                    (A) State and local governments, including State 
                air quality and utility regulators;
                    (B) metropolitan and rural planning organizations;
                    (C) labor union organizations;
                    (D) environmental and environmental justice 
                organizations;
                    (E) building developers;
                    (F) building manufacturers;
                    (G) utilities;
                    (H) infrastructure providers;
                    (I) technology providers;
                    (J) infrastructure construction and component parts 
                suppliers;
                    (K) multi-State and regional entities;
                    (L) experts from academia and nonprofits;
                    (M) affordable housing providers; and
                    (N) any other entities determined appropriate by 
                the Secretary.
    (d) Existing Programs.--In carrying out subsection (a), the 
Administrator shall make appropriate use of existing programs and 
resources relevant to building performance standards.

SEC. 3. NATIONAL MODEL BUILDING PERFORMANCE STANDARDS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Administrator, in coordination with the Secretary, 
shall develop national model building performance standards.
    (b) Development.--In developing national model building performance 
standards under subsection (a), the Administrator shall--
            (1) address data access, collection, transparency, and 
        reporting requirements needed to implement the national model 
        building performance standards while maintaining the protection 
        of personal privacy through the use of anonymized data;
            (2) identify commercial building and multi-family building 
        property types, sizes, and occupancy rates covered by the 
        national model building performance standards;
            (3) establish metrics and calculations to determine near-
        term and long-term building performance standards for 
        properties covered by the national model building performance 
        standards that--
                    (A) ensure properties can meet initial performance 
                targets; and
                    (B) may be scaled up to achieve long-term energy 
                and water consumption targets with deep greenhouse gas 
                emissions reductions;
            (4) develop guidelines for the development of effective 
        dates for compliance with building performance standards, 
        including--
                    (A) consideration of effective dates that phase in 
                based on the size of the relevant property; and
                    (B) recommendations for adequate lead time before 
                compliance is required, to ensure that property owners 
                can make investments to meet near-term and long-term 
                building performance standard targets;
            (5) include recommendations on exemptions or compliance 
        period extensions for properties that--
                    (A) demonstrate financial hardship;
                    (B) are vacant;
                    (C) are receiving a major renovation that exceeds 
                relevant building performance standards;
                    (D) are pending demolition; or
                    (E) meet other criteria established by the 
                Administrator;
            (6) develop recommendations on non-Federal enforcement 
        mechanisms for implementing building performance standards; and
            (7) consider any other matters necessary to develop and 
        implement national model building performance standards, as 
        determined by the Administrator.
    (c) Periodic Review.--The Administrator, in coordination with the 
Secretary, may--
            (1) periodically review the national model building 
        performance standards developed under this section; and
            (2) on completion of a review under paragraph (1), if the 
        Administrator determines that significant energy and water 
        savings and greenhouse gas emissions reductions could result, 
        revise the national model building performance standards.

SEC. 4. FEDERAL TECHNICAL ASSISTANCE AND SUPPORT.

    (a) Technical Assistance.--In carrying out the national model 
building performance standards initiative established under section 2, 
the Administrator shall provide relevant technical assistance to any 
State or local government that intends to establish building 
performance standards that are at least as stringent as the national 
model building performance standards developed under section 3, 
including--
            (1) assistance in the development, modification, or 
        implementation of such building performance standards;
            (2) training for using relevant Federal tools or databases 
        for the purposes of building performance standard 
        implementation and enforcement, including the Energy Star 
        Portfolio Manager;
            (3) education and outreach materials on building 
        performance standards for property owners;
            (4) internet-based information resources and project 
        tracking systems and tools established and maintained by the 
        Administrator for energy and water consumption and greenhouse 
        gas emissions reduction management; and
            (5) education and outreach on existing applicable Federal 
        programs that can help property owners meet such building 
        performance standards that are established by the State or 
        local government.
    (b) Financial Assistance.--
            (1) In general.--In carrying out the national model 
        building performance standards initiative established under 
        section 2, the Administrator shall provide financial assistance 
        to States and local governments to establish building 
        performance standards that are at least as stringent as the 
        national model building performance standards developed under 
        section 3.
            (2) Administration.--Not later than 1 year after the date 
        of enactment of this Act, the Administrator shall establish 
        funding award limits and application requirements for financial 
        assistance under this subsection.
            (3) Priority.--In providing financial assistance under this 
        subsection, the Administrator shall give priority to States and 
        local governments submitting applications that--
                    (A) identify environmental justice communities 
                served or represented by the State or local government 
                that will benefit from the development, implementation, 
                and enforcement of the building performance standards;
                    (B) include plans to ensure that environmental 
                justice communities are included in the development, 
                implementation, and enforcement of the building 
                performance standards; and
                    (C) outline the use of labor standards, such as 
                prevailing wage standards, project labor agreements, 
                and local hiring and target hiring provisions, that 
                will be applicable to the implementation and 
                enforcement of the building performance standards.

SEC. 5. PROGRESS REPORTS.

    (a) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Administrator shall submit to Congress a 
report containing--
            (1) the results of an assessment of the assistance provided 
        to State and local governments under section 4; and
            (2) any recommendations for modifications to the national 
        model building performance standards initiative established 
        under section 2 to improve the impact of such assistance on 
        achieving full compliance with building performance standards 
        in jurisdictions receiving such assistance.
    (b) Public Report.--The Administrator shall make available on a 
publicly accessible website a report on State and local governments 
that have received assistance under section 4, including--
            (1) a summary of energy and water consumption and 
        greenhouse gas emissions reduction statistics; and
            (2) an assessment of compliance rates with building 
        performance standards, and other trends observed.

SEC. 6. PERFORMANCE STANDARD APPLICATION TO EXISTING FEDERAL BUILDINGS.

    (a) In General.--Not later than 1 year after the establishment of 
the national model building performance standards under section 3, the 
Secretary shall prescribe regulations and requirements applying such 
standards to existing Federal buildings, including the Capitol and 
congressional buildings and facilities, taking into consideration 
existing requirements related to Federal buildings.
    (b) Federal Compliance.--The Administrator, in coordination with 
the Secretary, shall adopt procedures necessary to ensure that existing 
Federal buildings meet or exceed the building performance standards 
required pursuant to subsection (a).
    (c) Labor Standards.--
            (1) Davis-bacon.--The Administrator, in coordination with 
        the Secretary of Labor and the General Services Administration, 
        shall ensure that all laborers and mechanics employed by a 
        covered contractor or subcontractor are paid wages at rates not 
        less than those prevailing on projects of a similar character 
        in the locality, as determined by the Secretary of Labor in 
        accordance with subchapter IV of chapter 31 of title 40, United 
        States Code (commonly referred to as ``Davis-Bacon Act''). With 
        respect to the labor standards specified in this paragraph, the 
        Secretary of Labor shall have the authority and functions set 
        forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 
        1267; 5 U.S.C. App.) and section 3145 of title 40, United 
        States Code.
            (2) Neutrality toward organized labor.--The Administrator, 
        in coordination with the Secretary of Labor and the General 
        Services Administration, shall ensure that all covered 
        contractors and subcontractors have--
                    (A) an explicit policy of neutrality with regard 
                to--
                            (i) labor organizing for the employees; and
                            (ii) such employees' choice to form and 
                        join labor organizations; and
                    (B) policies that require--
                            (i) the posting and maintenance of notices 
                        in the workplace to such employees of their 
                        rights under the National Labor Relations Act 
                        (29 U.S.C. 151 et seq.); and
                            (ii) that such employees are, at the 
                        beginning of their employment, provided notice 
                        and information regarding the employees' rights 
                        under such Act.
            (3) Preference for local hiring.--The Administrator, in 
        coordination with the Secretary of Labor and the General 
        Services Administration, shall ensure that all covered 
        contractors and subcontractors have explicit policies that 
        provide a preference for local hiring, consistent with 
        applicable Federal law and subject to rules issues by the 
        Secretary of Labor.
            (4) Employee classification.--The Administrator, in 
        coordination with the Secretary of Labor and the General 
        Services Administration, shall ensure that a covered contractor 
        or subcontractor considers an individual performing any service 
        as an employee (and not an independent contractor) of the 
        covered contractor or subcontractor, unless--
                    (A) the individual is free from control and 
                direction in connection with the performance of the 
                service, both under the contract for the performance of 
                the service and in fact;
                    (B) the service is performed outside the usual 
                course of the business of the covered contractor or 
                subcontractor; and
                    (C) the individual is customarily engaged in an 
                independently established trade, occupation, 
                profession, or business of the same nature as that 
                involved in such service.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Initial Development and Administration.--For each of fiscal 
years 2023 through 2027, there is authorized to be appropriated 
$11,000,000 to carry out sections 2 and 3.
    (b) Implementation.--For each of fiscal years 2023 through 2032, 
there are authorized to be appropriated--
            (1) $5,000,000 to carry out section 4(a), to remain 
        available until expended;
            (2) $50,000,000 to carry out section 4(b); and
            (3) $5,000,000 to carry out section 6.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Anonymized data.--The term ``anonymized data'' means 
        data that does not reveal names, addresses, or any other 
        information that would identify an individual or business.
            (3) Building performance standard.--The term ``building 
        performance standard'' means a performance standard applicable 
        to aggregated energy or water usage for an entire building 
        (including as measured by any separate meters for the 
        building).
            (4) Covered contractor or subcontractor.--The term 
        ``covered contractor or subcontractor'' means a contractor or 
        subcontractor on a project for the construction, alteration, or 
        repair of a Federal building to comply with the national 
        building performance standards as required under section 6.
            (5) Energy star portfolio manager.--The term ``Energy Star 
        Portfolio Manager'' means the tool developed and maintained by 
        the Administrator to track and assess the relative energy 
        performance of buildings.
            (6) Greenhouse gas.--The term ``greenhouse gas'' means--
                    (A) carbon dioxide;
                    (B) methane;
                    (C) nitrous oxide;
                    (D) perfluorocarbons;
                    (E) sulfur hexafluoride;
                    (F) nitrogen trifluoride;
                    (G) chlorofluorocarbons; and
                    (H) any other anthropogenically emitted gas or 
                particulate that the Administrator determines, after 
                notice and comment, to contribute to climate change.
            (7) Greenhouse gas emissions.--The term ``greenhouse gas 
        emissions'' means emissions of greenhouse gas, expressed in 
        terms of metric tons of carbon dioxide equivalent.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (9) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) each territory and possession of the United 
                States; and
                    (D) the governing body of each federally recognized 
                Indian Tribe, band, nation, pueblo, or other organized 
                group or community that is recognized as eligible for 
                special programs and services provided by the United 
                States to Indians because of their status as Indians.
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