[Senate Report 116-151]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 272
116th Congress  }                                            {   Report
                                 SENATE
 1st Session    }                                            {  116-151

======================================================================



 
                SMART BUILDING ACCELERATION ACT OF 2019

                                _______
                                

                October 24, 2019.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 2335]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2335) to accelerate smart building 
development, and for other purposes, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 2335 is to accelerate smart building 
development.

                          BACKGROUND AND NEED

    The building sector uses more than 40 percent of the energy 
of the nation, but it has been challenging to reduce energy use 
in this sector for two reasons. First, buildings are designed 
to stand for decades, and individual owners have little 
incentive to make energy efficiency improvements that yield 
benefits beyond their period of ownership. Second, builders and 
building owners often pass on the energy costs to the buyer or 
tenants, so owners have little incentive to make energy 
efficiency improvements to reduce energy costs.
    However, emerging energy monitoring and control 
technologies are enabling a transition of the building sector 
to ``smart'' buildings that have dramatically reduced energy 
use and improved quality of service to occupants. S. 2335 seeks 
to accelerate the transition to smart buildings by supporting 
research and by documenting the costs and benefits of emerging 
technologies in private-sector and Federal government 
buildings. By expanding the use of smart technology, this 
legislation aims to lower energy use and lower energy bills for 
taxpayer-funded buildings around the country.

                          LEGISLATIVE HISTORY

    S. 2335 was introduced by Senators Cantwell and Smith on 
July 30, 2019.
    Companion legislation, H.R. 2044, was introduced in the 
House of Representatives by Representatives Welch (D-VT) and 
Kinzinger (R-IL) on April 3, 2019, and referred to the Energy 
and Commerce Committee, which reported the measure by voice 
vote on July 17, 2019.
    In the 115th Congress, a similar bill, S. 2447, was 
introduced by Senators Cantwell and Smith on February 15, 2018. 
The measure was also included as section 1113 in S. 1460, the 
Energy and Natural Resources Act of 2017. S. 1460 was 
introduced by Senators Murkowski and Cantwell on June 28, 2017, 
and placed directly on the Legislative Calendar (Cal. 162).
    Companion legislation, H.R. 5069, was introduced in the 
House of Representatives by Representatives Welch and Kinzinger 
on February 16, 2018.
    In the 114th Congress, a similar bill, S. 1046, was 
introduced by Senator Cantwell on April 22, 2015. Senator 
Murkowski was later added as a cosponsor. The Energy and 
Natural Resources Committee held a hearing on S. 1046 on April 
30, 2015 (S. Hrg. 114-166). The measure was also included as 
section 1014 in S. 2012, the Energy Policy Modernization Act of 
2016. An original bill, S. 2012 was reported by the Committee 
on Energy and Natural Resources on July 30, 2015, and passed by 
the Senate, as amended, on April 26, 2016, by a vote of 85-12.
    Companion legislation, H.R. 2654, was introduced in the 
House of Representatives by Representatives Welch and Kinzinger 
on May 21, 2015.
    The Senate Committee on Energy and Natural Resources met in 
open business session on September 25, 2019, and ordered S. 
2335 favorably reported.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 25, 2019, by a majority 
voice vote of a quorum present, recommends that the Senate pass 
S. 2335.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides a short title.

Sec. 2. Findings

    Section 2 provides findings.

Sec. 3. Definitions

    Section 3 defines key terms.

Sec. 4. Federal smart building program

    Section 4(a) directs the Secretary of Energy (Secretary), 
within one year of enactment, to establish the ``Federal Smart 
Building Program'' to implement smart building technology and 
demonstrate the costs and benefits of smart buildings.
    Subsection (b) requires the Secretary to select at least 
one building from among each of several key Federal agencies 
(including the Departments of the Army, Navy, Air Force, 
Energy, Interior, Veterans Affairs, and General Services 
Administration) for the implementation of smart building 
technologies in order to ensure a diverse selection of 
buildings based on size, type, and geographic location. 
Buildings that are Federally owned and commercially operated 
may be included.
    Subsection (c) directs the Secretary, within 18 months of 
enactment, to establish targets for the number of smart 
buildings to be commissioned and evaluated by key Federal 
agencies by three years and six years after enactment.
    Subsection (d) specifies the Federal agencies from which 
the Secretary is to select buildings pursuant to subsection 
(b).
    Subsection (e) requires the Secretary to leverage existing 
financing mechanisms to implement the program.
    Subsection (f) requires the Secretary to use Federal Energy 
Management Program (FEMP) guidelines relating to whole-building 
evaluation to evaluate the costs and benefits of each building 
selected under subsection (b), including an identification of 
which advanced building technologies are more cost-effective, 
and those that show the most promise for increasing energy 
savings; increasing service performance; reducing environmental 
impacts; and establishing cybersecurity.
    Subsection (g) authorizes the Secretary to expand awards 
made under FEMP and the Better Building Challenge to recognize 
agency achievements in accelerating smart building technology 
adoption.

Sec. 5. Survey of private sector smart buildings

    Section 5(a) directs the Secretary to conduct a survey of 
privately owned smart buildings throughout the country.
    Subsection (b) requires the Secretary to select at least 
one building each from the smart buildings surveyed in 
subsection (a) in order to ensure an appropriate range of 
building sizes, types, and geographic locations.
    Subsection (c) requires the Secretary to use FEMP 
guidelines relating to whole-building evaluation to evaluate 
costs and benefits of each building selected under subsection 
(b), including an identification of which advanced building 
technologies are more cost-effective, and those that show the 
most promise for increasing energy savings; increasing service 
performance; reducing environmental impacts; and establishing 
cybersecurity.

Sec. 6. Leveraging existing programs

    Section 6 (a) requires the Secretary, as a part of the 
Better Building Challenge, to develop smart building 
accelerators to demonstrate innovative policies and approaches 
that will accelerate the transition to smart buildings in the 
public, institutional, and commercial building sectors.
    Subsection (b) directs the Secretary to conduct research 
and development (R&D) to address key barriers to the 
integration of advance building technologies and to accelerate 
the transition to smart buildings. The subsection further 
specifies the areas the R&D must include, such as achieving 
whole-building, systems-level efficiency through smart system 
and component integration; reducing costs of key components; 
data management; cybersecurity protection; consumer and utility 
protections; and other areas the Secretary determines 
appropriate.

Sec. 7. Report

    Section 7 requires the Secretary to submit a report to 
Congress on the establishment of the Federal Smart Building 
Program and the evaluation of Federal smart buildings under 
section 4, the survey and evaluation of private sector smart 
building under section 5, and any recommendation of the 
Secretary to further accelerate the transition to smart 
buildings. The report is due within two years of enactment, and 
every two years thereafter until a total of three reports have 
been submitted to Congress.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the internet 
at www.cbo.gov.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2335. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2335, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 2335, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    Executive views on S. 2335 were not requested by the 
Committee.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 2335 as ordered 
reported.

                                  [all]