[Congressional Record Volume 161, Number 58 (Tuesday, April 21, 2015)]
[House]
[Pages H2324-H2329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENERGY EFFICIENCY IMPROVEMENT ACT OF 2015
Mr. WHITFIELD. Madam Speaker, I move to suspend the rules and pass
the bill (S. 535) to promote energy efficiency.
The Clerk read the title of the bill.
The text of the bill is 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.
(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
[[Page H2325]]
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
``(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))--
[[Page H2326]]
(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,
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.
Passed the Senate March 26 (legislative day, March 27), 2015.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Whitfield) and the gentleman from Vermont (Mr. Welch)
each will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. WHITFIELD. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and to insert extraneous materials in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. WHITFIELD. Madam Speaker, I yield myself such time as I may
consume.
Today, we are considering S. 535, the Energy Efficiency Improvement
Act of 2015, a bill to address energy efficiency in Federal buildings,
energy conservation through the continued use of grid-enabled water
heaters, and energy information for federally leased commercial
buildings.
I also want to thank the gentleman from Vermont (Mr. Welch) for
working with us on this important legislation. Both sides of the aisle
came together in this legislation, and I want to thank all of them and
their staffs for the work that they have done.
Madam Speaker, the first title in this bill would establish a Tenant
Star program--a voluntary certification and recognition program--within
ENERGY STAR to promote energy efficiency in separate spaces. This
program allows for a voluntary, market-driven approach to aligning the
interests of commercial building owners and their tenants to reduce
energy consumption. The DOE would also be required to complete a study
on feasible approaches to improving the energy efficiency of tenant-
occupied spaces in commercial buildings.
The second title in this bill relates to hot water heaters. There are
approximately 250 electric cooperatives in 34 States that utilize large
electric resistance water heaters in demand response programs to help
with reliability and consumer costs during peak periods of energy use.
In March 2010, the Department of Energy issued new energy efficiency
standards for large electric resistance water heaters that would, in
effect, prohibit the manufacture of these water heaters that are 55
gallons or larger in favor of heat pump technology for water heaters of
55 gallons or larger. These standards took effect last week.
I might say that the American people from whom I frequently hear are
totally frustrated by the micromanagement of the government in almost
every aspect of their lives, and this regulation about water heaters is
just one example.
At the hearing that we held on this regulation, the manufacturers
testified that this regulation would basically double the cost of these
water heaters. We have a situation in which many heat pump water
heaters are not compatible with certain utility thermal energy storage
and demand response programs that allow utilities to reduce or to shift
their loads during certain periods of energy use. Title II would allow
for the continued manufacture of large electric resistant water heaters
above certain gallons specifically for use in these energy savings
programs.
This is very common sense, Congress' responding to concerns by the
general
[[Page H2327]]
public that the Department of Energy is trying to micromanage this
small part of the energy sector in the United States.
I might mention that the third title of this bill requires that
federally leased buildings without ENERGY STAR labels benchmark and
disclose their energy usage data where practicable. Federally owned
buildings are already subject to benchmarking requirements pursuant to
section 432 of the Energy Independence and Security Act of 2007. Title
III simply requires the DOE to complete a study of best practices
regarding State and local performance benchmarking and disclosure
policies for commercial and multi-family buildings in addition to the
impact of utility policies for providing aggregated information to
owners of multi-tenant buildings to assist with benchmarking programs.
This is a commonsense piece of legislation. It has passed the House
and the Senate. The Senate bill was a little bit different than ours,
so we are taking up their bill.
I reserve the balance of my time.
Mr. WELCH. Madam Speaker, I yield myself such time as I may consume.
I thank the gentleman for his excellent work.
Today is a very good day in Congress and in our country as we send to
the President's desk bipartisan legislation that will: one, lower
energy bills for families and businesses; two, create good jobs in
manufacturing American-made energy efficiency products; and, three,
improve our environment by reducing carbon emissions. I am hopeful that
the common ground we have found in this bill sets the stage for further
cooperation by both parties and by both Chambers in addressing many of
the challenges facing our country.
I want to thank Chairman Upton and Chairman Whitfield, and I want to
thank Ranking Member Pallone and Ranking Member Rush for working with
us to advance this important legislation.
Thank you, especially, Representative McKinley, for partnering with
me this term and last on this issue. Your background as an engineer and
as a small business owner has provided much-needed expertise to our
committee, and I am grateful to you for your partnership and leadership
on this issue.
The bill before us today, as Mr. Whitfield said, advanced by Senators
Shaheen and Portman in the Senate, also includes some very good ideas
from many Members of this House, those from Representatives Cramer,
Doyle, Latta, Loebsack, Castor, and Kinzinger.
Thank you all for your contributions to this good, bipartisan bill.
Madam Speaker, I have long believed that energy efficiency is an
issue that lends itself to looking past partisan differences to find
common ground in our Congress. We may disagree on the causes of climate
change and of the best fuel mix to meet America's energy needs, but we
can all agree that using less of whatever energy source is more. We can
all agree that creating demand for American-made, energy-efficient
products will create good jobs, and we can all agree that cutting the
energy bills of homeowners, businesses, and the Federal Government is a
very good thing.
Vermont has been a leader for a long time in energy efficiency. We
were the first in the Nation to establish an ``energy efficiency
utility'' to provide assistance to homeowners and businesses that were
seeking to lower their energy bills. In 2013 alone, the work of
Efficiency Vermont yielded a lifetime customer savings of $206 million
for Vermonters. That is real money.
The bill before us today takes an important step towards making
America more energy efficient. It includes the Better Buildings Act,
also known as Tenant Star, which will drive private sector innovation
in the energy efficiency sector. Homes and buildings consume 40 percent
of our energy in the United States. That is 40 percent. In commercial
buildings, owners report that tenants consume up to 50 percent or more
of the total building energy.
One of the challenges facing commercial buildings has been the issue
of ``split incentives.'' Building owners and tenants are not always on
the same page when it comes to energy performance. Part of the problem
is that only one party is paying the energy bill. The other part of the
problem is that, while we recognize energy-efficient buildings through
our ENERGY STAR program, we have no similar recognition program for
tenant spaces. Our bill creates a voluntary Tenant Star recognition
program for separate spaces in commercial buildings.
When we combine ENERGY STAR buildings with Tenant Star rentals, we
can optimize energy efficiency and shorten payback periods. A good
example of this synergy can be found in the ENERGY STAR-certified
Vermont Innovation Center, located in Burlington, Vermont. The Vermont
Energy Investment Corporation is located in this building as well as my
own district office.
The VEIC took aggressive action to optimize the efficiency of its
tenant space in the building. It converted the overhead fluorescent
lighting to highly efficient LEDs and applied 6 inches of spray foam
insulation to the exterior walls. Making these improvements in an
ENERGY STAR building optimized an already efficient tenant space. The
VEIC expects to save nearly $11,000 a year in energy savings. However,
there is no recognition program for these improvements, and we don't
know what else VEIC could be doing to increase energy savings.
Under this bill, we will study the best ways to optimize commercial
tenant spaces and to recognize such spaces with a new Tenant Star
label. By combining energy-efficient tenant build-outs with ENERGY STAR
buildings, we will double down on a successful program and optimize
energy savings in commercial buildings, all through voluntary action.
In addition to Tenant Star, this legislation includes two other
important efficiency provisions.
First, the bill makes much-needed changes to energy efficiency
standards for large water heaters used in demand response programs.
These water heaters act as residential energy storage devices and allow
utilities to curb energy demand during peak hours.
Mr. Whitfield, thank you again for your leadership on this.
Second, the bill will require the disclosure of the amount of energy
consumed in federally leased buildings and begin benchmarking their
energy use.
In the coming weeks, I look forward to working with my colleagues to
pass additional bipartisan energy efficiency bills, including a more
expansive version of the McKinley-Welch-Shaheen-Portman legislation
before us today. We should also pass legislation to encourage
performance contracting in Federal buildings and streamline the Federal
green schools efforts.
{time} 1545
Madam Speaker, energy efficiency is not a partisan issue. I am
encouraged by the steps we are taking today and look forward to working
with my colleagues on additional initiatives that cut energy bills,
create jobs, and improve the environment. I urge Members to vote for
this bill.
I reserve the balance of my time.
Mr. WHITFIELD. Madam Speaker, I reserve the balance of my time.
Mr. WELCH. I yield such time as he may consume to the gentleman from
Illinois (Mr. Rush).
Mr. RUSH. I thank the gentleman for yielding.
Madam Speaker, I rise in support of S. 535, the Energy Efficiency
Improvement Act of 2015, and I want to join with my colleague, Mr.
Welch, in congratulating all in the leadership: Mr. Whitfield, Mr.
Welch, Mr. Pallone, and the chairman of the full committee.
Mr. Speaker, this is a modest but, most importantly, a bipartisan
piece of legislation that combines three separate energy efficiency
titles. This bill was passed by unanimous consent out of the Senate
just this last month.
The bill before us today is also similar to H.R. 2126, which passed
out of this House in the last session of Congress on an overwhelmingly
bipartisan vote of 375-36.
The first title of this bill, Madam Speaker, is the Better Buildings
Act, which was introduced into the Congress by my friends and
colleagues, the gentleman from West Virginia (Mr. McKinley) and the
gentleman from Vermont (Mr. Welch).
This title simply directs the General Services Administration to
develop model leasing provisions and best practices to encourage
commercial building
[[Page H2328]]
owners and their tenants to invest in cost-effective energy efficiency
measures. These model leasing provisions may then be used in Federal
leases and, along with the best practices, Madam Speaker, shall be made
available to all State and local governments.
Additionally, section 103 directs the Department of Energy to conduct
a study on the feasibility of significantly improving energy efficiency
in commercial buildings through the design and construction of separate
tenant spaces with high-performance energy efficiency measures.
Section 104 directs the EPA to develop a ``Tenant Star'' program
within the ENERGY STAR program to promote energy efficiency in separate
spaces leased by tenants in commercial buildings. This data can then be
used to establish an ENERGY STAR rating system to recognize tenants in
commercial buildings that voluntarily achieve high levels of energy
efficiency in separate spaces.
Madam Speaker, title II of this bill, the Grid-Enabled Water Heaters
bill, was introduced by my colleague and my good friend, Chairman
Whitfield, along with Mr. Welch, Mr. Latta, Mr. Loebsack, Mr. Cramer,
and Mr. Doyle. This section establishes a separate energy efficiency
standard for grid-enabled water heaters, which are used in utility
demand and thermal storage programs.
Finally, Madam Speaker, title III of this bill, the Energy
Information for Commercial Buildings bill, which was introduced into
Congress by my friend and colleague, Ms. Castor of Florida, requires
Federally leased buildings without ENERGY STAR labels to benchmark and
disclose their energy usage data in most cases.
It also requires the Department of Energy to complete a study of best
practices for and impacts of, one, State and local performance
benchmarking and disclosure policies for commercial and multifamily
buildings; and, two, utility policies for providing aggregated
information to owners of multitenant buildings to assist with
benchmarking programs. In addition, Madam Speaker, the DOE is required
to maintain a database to store and make available public energy-
related information on commercial and multifamily buildings.
Madam Speaker, in recent history, we have not been able to pass
bipartisan energy legislation through both Chambers and into law, so it
is important that we move this bill to the President's desk so that we
can demonstrate once again to the American people that this Congress is
still capable of functioning properly and legislating on their behalf.
Madam Speaker, I urge all my colleagues to vote for this bill.
Mr. WHITFIELD. Madam Speaker, I don't believe we have any additional
speakers on our side, and I would like the opportunity to close, so I
will reserve the balance of my time.
Mr. WELCH. Madam Speaker, I yield myself the balance of my time, and
thank the gentleman from Illinois (Mr. Rush) not just for his remarks
on this bill, but for his leadership on this issue and other issues in
the committee over the years.
It is a good day when we can come together to do something
constructive. This legislation finds that spot, energy efficiency,
where we can join in embracing the enormous benefit of creating ways
where homeowners and business owners of commercial buildings can figure
out how to cut down on their bills. Whatever fuel source they use, if
they have got a lower bill, that is a good thing.
To achieve that goal, we have to put Americans to work, a lot of
tradespeople who have got real skills and need a place to use them.
They are the ones who retrofit these buildings, commercial buildings
and homes. There is an incidental benefit: We reduce carbon emissions
since we are using less fuel. This is tremendous.
I want to thank the gentleman from Kentucky (Mr. Whitfield) and the
gentleman from Michigan (Mr. Upton) for all the good work that they
did.
Madam Speaker, seeing no other speakers here, I yield back the
balance of my time.
Mr. WHITFIELD. Madam Speaker, I want to thank my colleagues on both
sides of the aisle once again, specifically Senators Shaheen and
Portman, Congressmen McKinley and Welch, Mr. Upton and Mr. Pallone, and
certainly Mr. Rush of Illinois. All of them worked very diligently on
this, and I know they are committed to efficiency.
I want to just say one more time that I am specifically pleased that
this legislation will stop the Department of Energy's regulation that
would prohibit the manufacture of heat-resistant water heaters above 55
gallons. If that regulation had been allowed to continue, it would have
cost the American public a lot more money going to the heat pump
technology. So this legislation has stopped that. It is going to
improve efficiency. I would urge all of my colleagues to support this
legislation.
I yield back the balance of my time.
Mr. PALLONE. Madam Speaker, I rise in support of S. 535, the Energy
Efficiency Improvement Act of 2015. This is bipartisan legislation to
promote energy efficiency that recently passed the Senate by unanimous
consent.
S. 535--sponsored by Senators Portman and Shaheen--is very similar to
legislation reported last Congress by the Energy and Commerce Committee
which passed the House with an overwhelmingly bipartisan vote. The bill
addresses three main areas: energy efficient buildings, the grid-
enabled water heaters, and energy benchmarking and information
disclosure for federal buildings.
Title one is comprised of the Better Buildings Act, bipartisan
legislation sponsored in the House by Reps. McKinley and Welch. Section
102 of the bill directs the General Services Administration to develop
model leasing provisions and best practices to encourage commercial
building owners and tenants to invest in cost-effective energy
efficiency measures. It also ensures the model leasing provisions are
available for use in federal leases and, along with the best practices,
are available for state and local governments to also use.
Additionally, Section 103 directs the Department of Energy (DOE) to
study improving energy efficiency in commercial buildings through
design and construction of separate tenant spaces with high-performance
energy efficiency measures. And, Section 104 directs EPA to develop a
voluntary ``Tenant Star'' program within the Energy Star program to
promote energy efficiency in separate spaces leased by tenants in
commercial buildings and requires the Agency to establish an Energy
Star rating system to recognize tenants in commercial buildings that
voluntarily achieve high levels of energy efficiency in separate
spaces.
Title two establishes a separate energy efficiency standard for grid-
enabled water heaters, which are used in utility demand-response and
thermal storage programs. This is substantially the same language
included in H.R. 906, legislation sponsored by Chairman Whitfield, Mr.
Loebsack and others that was reported without dissent last week by our
committee. In addition to establishing a separate standard for these
water heaters, the provision requires those units to have a built-in
activation lock to ensure their participation in such a program.
Finally, title three is essentially the same as H.R. 1867,
legislation sponsored by Reps. Castor and Kinzinger regarding energy
information for commercial buildings. Section 301 requires federally-
leased buildings without Energy Star labels to benchmark and disclose
their energy usage data except in certain circumstances. It also
requires DOE to complete a study of best practices regarding the
impacts of state and local performance benchmarking and disclosure
policies for commercial and multifamily buildings, as well as utility
policies for providing aggregated information to owners of multitenant
buildings to assist with benchmarking programs. In addition, it
requires DOE to maintain a database to store and make available public
energy-related information on commercial and multifamily buildings.
S. 535 is a stripped down version of the Shaheen-Portman efficiency
legislation that has taken far too long to pass either chamber.
However, I am disappointed that--unlike the original Shaheen-Portman
bill--the proposal before us does not contain provisions authored by
Rep. Eshoo that would address the efficiency of federal data centers.
This is an area where we can easily see a great gain in efficiency
relatively quickly and easily and her proposal has good bipartisan
support. So, I have to note with concern the fact that something as
useful and bipartisan as that federal data center efficiency language
could not make it into the final package, despite being something that
enjoys support on both sides.
I hope that is an anomaly and not a harbinger of things to come,
because we need to look at both sides of the equation--demand and
supply, consumers and producers--to construct an energy policy for the
future, one that is both economically and environmentally sustainable.
And we need the resources of both sides of the aisle, both chambers of
Congress and all branches of government to get there.
[[Page H2329]]
Today, the Obama Administration released the first installment of its
Quadrennial Energy Review (QER) after a year-long, detailed examination
of our energy needs. The QER is not exactly glamorous, but it is a
serious, thoughtful and necessary look at how best to modernize
America's energy infrastructure to create jobs and grow our economy in
a manner that ensures our energy security and protects our environment.
While I look forward to reviewing the complete report, I know that the
progress updates we have received throughout the year have elicited
positive and hopeful reactions from both sides of the aisle.
That's why I'm particularly pleased that the Administration is
releasing this now while our Committee and our counterparts in the
other body are considering the components of a possible bipartisan
energy bill. We must meet consumers' need for reliable, affordable and,
just as importantly, clean energy--one of the nation's most pressing
issues. The QER looks to the future of our economy to take full
advantage of American innovation and the new sources of domestic energy
supply that are transforming the nation's energy marketplace. Just like
efficiency, energy infrastructure--particularly with regard to size,
scope, volume and siting--is critical to that endeavor. So, too, is the
makeup--not just the volume--of the jobs that are created in
modernizing that infrastructure; they must be jobs that are long-term,
well-paying, and a gateway to the American dream for a diverse range of
women and men.
As Chairman Upton, Chairman Whitfield, Ranking Member Rush and I
continue to explore the potential for developing and moving a
bipartisan energy bill during this Congress, I hope we will take
advantage of the QER, as well as the best consensus ideas on both sides
of the aisle here in Congress. That, to me, is the only successful path
forward and it is the process embodied in the legislation before us
today.
I urge my colleagues to support both the legislation before us and
continuing the effort to build a broad, bipartisan partnership on
energy issues. Only through this kind of cooperation can we enact
energy legislation that truly powers our economy and our future.
Mr. PETERSON. Madam Speaker, I strongly support the Energy Efficiency
Improvement Act, which will create a special category for large volume
water heaters in the Department of Energy's new energy efficiency
standards. Without this bill, manufacturers would no longer be able to
make large volume water heaters, which are commonly used in Minnesota
homes.
This legislation is necessary because the DOE failed to recognize the
many benefits that large-volume water heaters provide, like bringing
more renewable energy onto the grid, and allowing power plants to run
more efficiently. The Department then made a problematic rule even
worse by pulling a waiver for this technology three weeks before the
rule went final this month.
This could have been where the story ended, but a diverse coalition
of stakeholders had been working together to ensure that this
technology can continue to be used.
They know that using electricity in a smarter way not only saves
consumers money, but it is also good for the environment and helps to
stabilize the grid.
That is why industry, environmental and energy efficiency
stakeholders support these hot water heaters when used as part of
demand response systems. I hope that with the passage of this bill, the
Department can get quickly reverse course, and move forward.
This is good, reasonable legislation and I urge my colleagues to vote
yes.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kentucky (Mr. Whitfield) that the House suspend the
rules and pass the bill, S. 535.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________