[Congressional Record (Bound Edition), Volume 161 (2015), Part 1]
[Senate]
[Pages 395-398]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2. Ms. MURKOWSKI (for herself, Mr. Hoeven, Mr. Barrasso, Mr. 
Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. 
Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) submitted an 
amendment intended to be proposed by her to the bill S. 1, to approve 
the Keystone XL Pipeline; which was ordered to lie on the table; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Keystone XL Pipeline 
     Approval Act''.

     SEC. 2. KEYSTONE XL APPROVAL.

       (a) In General.--TransCanada Keystone Pipeline, L.P. may 
     construct, connect, operate, and maintain the pipeline and 
     cross-border facilities described in the application filed on 
     May 4, 2012, by TransCanada Corporation to the Department of 
     State (including any subsequent revision to the pipeline 
     route within the State of Nebraska required or authorized by 
     the State of Nebraska).
       (b) Environmental Impact Statement.--The Final Supplemental 
     Environmental Impact Statement issued by the Secretary of 
     State in January 2014, regarding the pipeline referred to in 
     subsection (a), and the environmental analysis, consultation, 
     and review described in that document (including appendices) 
     shall be considered to fully satisfy--
       (1) all requirements of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.); and
       (2) any other provision of law that requires Federal agency 
     consultation or review (including the consultation or review 
     required under section 7(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1536(a))) with respect to the pipeline and 
     facilities referred to in subsection (a).
       (c) Permits.--Any Federal permit or authorization issued 
     before the date of enactment of this Act for the pipeline and 
     cross-border facilities referred to in subsection (a) shall 
     remain in effect.
       (d) Judicial Review.--Except for review in the Supreme 
     Court of the United States, the United States Court of 
     Appeals for the District of Columbia Circuit shall have 
     original and exclusive jurisdiction over any civil action for 
     the review of an order or action of a Federal agency 
     regarding the pipeline and cross-border facilities described 
     in subsection (a), and the related facilities in the United 
     States, that are approved by this Act (including any order 
     granting a permit or right-of-way, or any other agency action 
     taken to construct or complete the project pursuant to 
     Federal law).
       (e) Private Property Savings Clause.--Nothing in this Act 
     alters any Federal, State, or local process or condition in 
     effect on the date of enactment of this Act that is necessary 
     to secure access from an owner of private property to 
     construct the pipeline and cross-border facilities described 
     in subsection (a).
                                 ______
                                 
  SA 3. Mr. PORTMAN (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed to amendment SA 2 submitted by Ms. 
Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee, 
Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr. 
Portman, Mr. Alexander, and Mrs. Capito) and intended to be proposed to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       After section 2, insert the following:

               DIVISION B--ENERGY EFFICIENCY IMPROVEMENT

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Energy Efficiency 
     Improvement Act of 2015''.

                       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

[[Page 396]]

     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
       ``(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

[[Page 397]]

     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 EFFICIENT GOVERNMENT TECHNOLOGY

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Energy Efficient 
     Government Technology Act''.

     SEC. 302. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION 
                   TECHNOLOGIES.

       Subtitle C of title V of the Energy Independence and 
     Security Act of 2007 (Public Law 110-140; 121 Stat. 1661) is 
     amended by adding at the end the following:

     ``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION 
                   TECHNOLOGIES.

       ``(a) Definitions.--In this section:
       ``(1) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(2) Information technology.--The term `information 
     technology' has the meaning given that term in section 11101 
     of title 40, United States Code.
       ``(b) Development of Implementation Strategy.--Not later 
     than 1 year after the date of enactment of this section, each 
     Federal agency shall coordinate with the Director, the 
     Secretary, and the Administrator of the Environmental 
     Protection Agency to develop an implementation strategy (that 
     includes best practices and measurement and verification 
     techniques) for the maintenance, purchase, and use by the 
     Federal agency of energy-efficient and energy-saving 
     information technologies, taking into consideration the 
     performance goals established under subsection (d).
       ``(c) Administration.--In developing an implementation 
     strategy under subsection (b), each Federal agency shall 
     consider--
       ``(1) advanced metering infrastructure;
       ``(2) energy-efficient data center strategies and methods 
     of increasing asset and infrastructure utilization;
       ``(3) advanced power management tools;
       ``(4) building information modeling, including building 
     energy management;
       ``(5) secure telework and travel substitution tools; and
       ``(6) mechanisms to ensure that the agency realizes the 
     energy cost savings brought about through increased 
     efficiency and utilization.
       ``(d) Performance Goals.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Director, in consultation 
     with the Secretary, shall establish performance goals for 
     evaluating the efforts of Federal agencies in improving the 
     maintenance, purchase, and use of energy-efficient and 
     energy-saving information technology.
       ``(2) Best practices.--The Chief Information Officers 
     Council established under section 3603 of title 44, United 
     States Code, shall recommend best practices for the 
     attainment of the performance goals, which shall include 
     Federal agency consideration of the use of--
       ``(A) energy savings performance contracting; and
       ``(B) utility energy services contracting.
       ``(e) Reports.--
       ``(1) Agency reports.--Each Federal agency shall include in 
     the report of the agency under section 527 a description of 
     the efforts and results of the agency under this section.
       ``(2) OMB government efficiency reports and scorecards.--
     Effective beginning not later than October 1, 2015, the 
     Director shall include in the annual report and scorecard of 
     the Director required under section 528 a description of the 
     efforts and results of Federal agencies under this 
     section.''.

     SEC. 303. ENERGY EFFICIENT DATA CENTERS.

       Section 453 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17112) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)(D)(iv), by striking ``the 
     organization'' and inserting ``an organization''; and
       (B) by striking paragraph (3); and
       (2) by striking subsections (c) through (g) and inserting 
     the following:
       ``(c) Stakeholder Involvement.--The Secretary and the 
     Administrator shall carry out subsection (b) in collaboration 
     with information technology industry and other key 
     stakeholders, with the goal of producing results that 
     accurately reflect the best knowledge in the most pertinent 
     domains. In such collaboration, the Secretary and the 
     Administrator shall pay particular attention to organizations 
     that--
       ``(1) have members with expertise in energy efficiency and 
     in the development, operation, and functionality of data 
     centers, information technology equipment, and software, such 
     as representatives of hardware manufacturers, data center 
     operators, and facility managers;
       ``(2) obtain and address input from Department of Energy 
     National Laboratories or any college, university, research 
     institution, industry association, company, or public 
     interest group with applicable expertise;
       ``(3) follow--
       ``(A) commonly accepted procedures for the development of 
     specifications; and
       ``(B) accredited standards development processes; and
       ``(4) have a mission to promote energy efficiency for data 
     centers and information technology.
       ``(d) Measurements and Specifications.--The Secretary and 
     the Administrator shall consider and assess the adequacy of 
     the specifications, measurements, and benchmarks described in 
     subsection (b) for use by the Federal Energy Management 
     Program, the Energy Star Program, and other efficiency 
     programs of the Department of Energy or the Environmental 
     Protection Agency.
       ``(e) Study.--The Secretary, in collaboration with the 
     Administrator, shall, not later than 18 months after the date 
     of enactment of the Energy Efficient Government Technology 
     Act, make available to the public an update to the Report to 
     Congress on Server

[[Page 398]]

     and Data Center Energy Efficiency published on August 2, 
     2007, under section 1 of Public Law 109-431 (120 Stat. 2920), 
     that provides--
       ``(1) a comparison and gap analysis of the estimates and 
     projections contained in the original report with new data 
     regarding the period from 2007 through 2014;
       ``(2) an analysis considering the impact of information 
     technologies, to include virtualization and cloud computing, 
     in the public and private sectors;
       ``(3) an evaluation of the impact of the combination of 
     cloud platforms, mobile devices, social media, and big data 
     on data center energy usage; and
       ``(4) updated projections and recommendations for best 
     practices through fiscal year 2020.
       ``(f) Data Center Energy Practitioner Program.--The 
     Secretary, in collaboration with key stakeholders and the 
     Director of the Office of Management and Budget, shall 
     maintain a data center energy practitioner program that leads 
     to the certification of energy practitioners qualified to 
     evaluate the energy usage and efficiency opportunities in 
     Federal data centers. Each Federal agency shall consider 
     having the data centers of the agency evaluated every 4 years 
     by energy practitioners certified pursuant to such program, 
     whenever practicable using certified practitioners employed 
     by the agency.
       ``(g) Open Data Initiative.--The Secretary, in 
     collaboration with key stakeholders and the Office of 
     Management and Budget, shall establish an open data 
     initiative for Federal data center energy usage data, with 
     the purpose of making such data available and accessible in a 
     manner that encourages further data center innovation, 
     optimization, and consolidation. In establishing the 
     initiative, the Secretary shall consider the use of the 
     online Data Center Maturity Model.
       ``(h) International Specifications and Metrics.--The 
     Secretary, in collaboration with key stakeholders, shall 
     actively participate in efforts to harmonize global 
     specifications and metrics for data center energy efficiency.
       ``(i) Data Center Utilization Metric.--The Secretary, in 
     collaboration with key stakeholders, shall facilitate in the 
     development of an efficiency metric that measures the energy 
     efficiency of a data center (including equipment and 
     facilities).
       ``(j) Protection of Proprietary Information.--The Secretary 
     and the Administrator shall not disclose any proprietary 
     information or trade secrets provided by any individual or 
     company for the purposes of carrying out this section or the 
     programs and initiatives established under this section.''.

         TITLE IV--ENERGY INFORMATION FOR COMMERCIAL BUILDINGS

     SEC. 401. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS.

       (a) Requirement of Benchmarking and Disclosure for Leasing 
     Buildings Without Energy Star Labels.--Section 435(b)(2) of 
     the Energy Independence and Security Act of 2007 (42 U.S.C. 
     17091(b)(2)) is amended--
       (1) by striking ``paragraph (2)'' and inserting ``paragraph 
     (1)''; and
       (2) by striking ``signing the contract,'' and all that 
     follows through the period at the end and inserting 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.

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