Text of H.R. 873 (114th): To promote energy efficiency, and for other purposes. (Introduced version)

114th CONGRESS

1st Session

H. R. 873

IN THE HOUSE OF REPRESENTATIVES

February 11, 2015

Mr. McKinley (for himself and Mr. Welch) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To promote energy efficiency, and for other purposes.

101.

This title may be cited as the Better Buildings Act of 2015.

102.

(a)

In this section:

(1)

The term Administrator means the Administrator of General Services.

(2)

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)

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)

(1)

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)

(A)

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)

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)

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)

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)

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.

103.

(a)

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:

424.

(a)

In this section:

(1)

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)

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)

(1)

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)

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)

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)

The Secretary shall publish the study on the website of the Department of Energy.

(b)

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.

104.

(a)

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:

425.

(a)

In this section:

(1)

The term high-performance energy efficiency measure has the meaning given the term in section 424.

(2)

The term separate spaces has the meaning given the term in section 424.

(b)

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)

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)

(1)

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)

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)

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) of this Act) the following new item:

Sec. 425. Tenant Star program.

201.

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

202.

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:

530.

(a)

In this section:

(1)

The term Director means the Director of the Office of Management and Budget.

(2)

The term information technology has the meaning given that term in section 11101 of title 40, United States Code.

(b)

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)

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)

(1)

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)

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)

(1)

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)

Effective beginning not later than October 1, 2016, 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.

203.

Section 453 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112) is amended—

(1)

by striking subsection (b)(3); and

(2)

by striking subsections (c) through (g) and inserting the following:

(c)

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)

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)

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 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 2008 through 2015;

(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)

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)

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)

The Secretary, in collaboration with key stakeholders, shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency.

(i)

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)

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.

III

301.

(a)

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)

(1)

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)

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)

(1)

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)

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)

The Secretary of Energy shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section.

(e)

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.

H.R. 873 (114^th): To promote energy efficiency, and for other purposes.

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