[United States Statutes at Large, Volume 129, 114th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 114-11
114th Congress

An Act


 
To promote energy efficiency. <>

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.--

[[Page 183]]

(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.

[[Page 184]]

``(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

[[Page 185]]

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,

[[Page 186]]

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

[[Page 187]]

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.

[[Page 188]]

``(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);

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(D) in subparagraph (B) of paragraph (7) (as so
redesignated), by striking the period at the end and
inserting ``; or''; and
(E) by adding at the end the following:
``(8) for any person--
``(A) to activate an activation lock for a grid-
enabled water heater with knowledge that such water
heater is not used as part of an electric thermal
storage or demand response program;
``(B) to distribute an activation key for a grid-
enabled water heater with knowledge that such activation
key will be used to activate a grid-enabled water heater
that is not used as part of an electric thermal storage
or demand response program;
``(C) to otherwise enable a grid-enabled water
heater to operate at its designed specification and
capabilities with knowledge that such water heater is
not used as part of an electric thermal storage or
demand response program; or
``(D) to knowingly remove or render illegible the
label of a grid-enabled water heater described in
section 325(e)(6)(A)(ii)(V).'';
(3) in section 333(a) (42 U.S.C. 6303(a))--
(A) by striking ``section 332(a)(5)'' and inserting
``paragraph (5), (6), (7), or (8) of section 332(a)'';
and
(B) by striking ``paragraph (1), (2), or (5) of
section 332(a)'' and inserting ``paragraph (1), (2),
(5), (6), (7), or (8) of section 332(a)''; and
(4) in section 334 (42 U.S.C. 6304)--
(A) by striking ``section 332(a)(5)'' and inserting
``paragraph (5), (6), (7), or (8) of section 332(a)'';
and
(B) by striking ``section 332(a)(6)'' and inserting
``section 332(a)(7)''.

TITLE III--ENERGY INFORMATION FOR COMMERCIAL BUILDINGS

SEC. 301. <>  ENERGY INFORMATION FOR
COMMERCIAL BUILDINGS.

(a) Requirement of Benchmarking and Disclosure for Leasing Buildings
Without Energy Star Labels.--Section 435(b)(2) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is
amended--
(1) by striking ``paragraph (2)'' and inserting ``paragraph
(1)''; and
(2) by striking ``signing the contract,'' and all that
follows through the period at the end and inserting the
following:
``signing the contract, the following requirements are met:
``(A) The space is renovated for all energy
efficiency and conservation improvements that would be
cost effective over the life of the lease, including
improvements in lighting, windows, and heating,
ventilation, and air conditioning systems.
``(B)(i) Subject to clause (ii), the space is
benchmarked under a nationally recognized, online, free
benchmarking program, with public disclosure, unless the
space is a space

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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

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(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.

Approved April 30, 2015.

LEGISLATIVE HISTORY--S. 535:
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CONGRESSIONAL RECORD, Vol. 161 (2015):
Mar. 26, considered and passed Senate.
Apr. 21, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2015):
Apr. 30, Presidential remarks.