[Congressional Record Volume 161, Number 51 (Thursday, March 26, 2015)]
[Senate]
[Pages S2082-S2085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENERGY EFFICIENCY IMPROVEMENT ACT OF 2015
Mr. PORTMAN. Mr. President, I ask unanimous consent that the Senate
now proceed to Calendar No. 23, S. 535; that the bill be read a third
time; and that the Senate vote on passage of the bill with no
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 535) to promote energy efficiency.
The PRESIDING OFFICER. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. Under the previous order, the bill having been
read the third time, the question is, shall it pass.
The bill (S. 535) was passed, as follows:
S. 535
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
Efficiency Improvement Act of 2015''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; 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 INFORMATION FOR COMMERCIAL BUILDINGS
Sec. 301. Energy information for commercial buildings.
TITLE I--BETTER BUILDINGS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Better Buildings Act of
2015''.
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.
[[Page S2083]]
(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 thereof, that provides
energy savings in an amount that is not less than the cost of
such 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 thereof, that provides
water savings in an amount that is not less than the cost of
such 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, at a minimum, 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 such
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, along with explanatory materials, to
encourage building owners and tenants in the private sector
to use such 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, at a minimum, 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 the 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 is
amended by inserting after the item relating to section 423
the following new item:
``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 of
Energy, 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 of Energy,
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 such data and
begin to collect such data; and
``(3) make data collected under paragraphs (1) and (2)
available to the public in aggregated form and provide such
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
[[Page S2084]]
``(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 is
amended by inserting after the item relating to section 424
(as added by section 103(b)) the following new item:
``Sec. 425. Tenant Star program.''.
TITLE II--GRID-ENABLED WATER HEATERS
SEC. 201. GRID-ENABLED WATER HEATERS.
Part B of title III of the Energy Policy and Conservation
Act is amended--
(1) in section 325(e) (42 U.S.C. 6295(e)), 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 (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 will 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 such products 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 non-program 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 such products activated
for use in demand response and thermal storage programs
annually and procedures to prevent product diversion for non-
program purposes would not be adequate to prevent such
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.'';
(2) in section 332(a) (42 U.S.C. 6302(a))--
(A) in paragraph (5), by striking ``or'' at the end;
(B) in the first paragraph (6), by striking the period at
the end and inserting a semicolon;
(C) by redesignating the second paragraph (6) as paragraph
(7);
(D) in subparagraph (B) of paragraph (7) (as so
redesignated), by striking the period at the end and
inserting ``; or''; and
(E) 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 such 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 such 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 such 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).'';
(3) in section 333(a) (42 U.S.C. 6303(a))--
(A) by striking ``section 332(a)(5)'' and inserting
``paragraph (5), (6), (7), or (8) of section 332(a)''; and
(B) 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)''; and
(4) in section 334 (42 U.S.C. 6304)--
(A) by striking ``section 332(a)(5)'' and inserting
``paragraph (5), (6), (7), or (8) of section 332(a)''; and
(B) by striking ``section 332(a)(6)'' and inserting
``section 332(a)(7)''.
TITLE III--ENERGY INFORMATION FOR COMMERCIAL BUILDINGS
SEC. 301. 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 the
following:
``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,
[[Page S2085]]
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.--At the conclusion of the
study, the Secretary shall submit to the Committee on Energy
and Commerce of the House of Representatives and Committee on
Energy and Natural Resources of the Senate 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 Environmental Protection Agency's Energy
Star Portfolio Manager tool.
(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 Commerce of the House of Representatives and Committee on
Energy and Natural Resources of the Senate a report on the
progress made in complying with this section.
Mr. PORTMAN. Mr. President, I ask unanimous consent that the motion
to reconsider be made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________