[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1 Engrossed in Senate (ES)]
114th CONGRESS
1st Session
S. 1
_______________________________________________________________________
AN ACT
To approve the Keystone XL Pipeline.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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).
(f) Private Property Protection.--Land or an interest in land for
the pipeline and cross-border facilities described in subsection (a)
may only be acquired consistently with the Constitution.
SEC. 3. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS.
(a) Definitions.--In this section:
(1) School.--The term ``school'' means--
(A) an elementary school or secondary school (as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
(B) an institution of higher education (as defined
in section 102(a) of the Higher Education Act of 1965
(20 U.S.C. 1002(a));
(C) a school of the defense dependents' education
system under the Defense Dependents' Education Act of
1978 (20 U.S.C. 921 et seq.) or established under
section 2164 of title 10, United States Code;
(D) a school operated by the Bureau of Indian
Affairs;
(E) a tribally controlled school (as defined in
section 5212 of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2511)); and
(F) a Tribal College or University (as defined in
section 316(b) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b))).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Designation of Lead Agency.--The Secretary, acting through the
Office of Energy Efficiency and Renewable Energy, shall act as the lead
Federal agency for coordinating and disseminating information on
existing Federal programs and assistance that may be used to help
initiate, develop, and finance energy efficiency, renewable energy, and
energy retrofitting projects for schools.
(c) Requirements.--In carrying out coordination and outreach under
subsection (b), the Secretary shall--
(1) in consultation and coordination with the appropriate
Federal agencies, carry out a review of existing programs and
financing mechanisms (including revolving loan funds and loan
guarantees) available in or from the Department of Agriculture,
the Department of Energy, the Department of Education, the
Department of the Treasury, the Internal Revenue Service, the
Environmental Protection Agency, and other appropriate Federal
agencies with jurisdiction over energy financing and
facilitation that are currently used or may be used to help
initiate, develop, and finance energy efficiency, renewable
energy, and energy retrofitting projects for schools;
(2) establish a Federal cross-departmental collaborative
coordination, education, and outreach effort to streamline
communication and promote available Federal opportunities and
assistance described in paragraph (1) for energy efficiency,
renewable energy, and energy retrofitting projects that enables
States, local educational agencies, and schools--
(A) to use existing Federal opportunities more
effectively; and
(B) to form partnerships with Governors, State
energy programs, local educational, financial, and
energy officials, State and local government officials,
nonprofit organizations, and other appropriate entities
to support the initiation of the projects;
(3) provide technical assistance for States, local
educational agencies, and schools to help develop and finance
energy efficiency, renewable energy, and energy retrofitting
projects--
(A) to increase the energy efficiency of buildings
or facilities;
(B) to install systems that individually generate
energy from renewable energy resources;
(C) to establish partnerships to leverage economies
of scale and additional financing mechanisms available
to larger clean energy initiatives; or
(D) to promote--
(i) the maintenance of health,
environmental quality, and safety in schools,
including the ambient air quality, through
energy efficiency, renewable energy, and energy
retrofit projects; and
(ii) the achievement of expected energy
savings and renewable energy production through
proper operations and maintenance practices;
(4) develop and maintain a single online resource website
with contact information for relevant technical assistance and
support staff in the Office of Energy Efficiency and Renewable
Energy for States, local educational agencies, and schools to
effectively access and use Federal opportunities and assistance
described in paragraph (1) to develop energy efficiency,
renewable energy, and energy retrofitting projects; and
(5) establish a process for recognition of schools that--
(A) have successfully implemented energy
efficiency, renewable energy, and energy retrofitting
projects; and
(B) are willing to serve as resources for other
local educational agencies and schools to assist
initiation of similar efforts.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report describing
the implementation of this section.
SEC. 4. CONSULTATION WITH INDIAN TRIBES.
Nothing in this Act relieves the United States of its
responsibility to consult with Indian nations as required under
executive order 13175 (67 Fed. Reg. 67249) (November 6, 2000).
SEC. 5. SENSE OF THE SENATE REGARDING CLIMATE CHANGE.
It is the sense of the Senate that climate change is real and not a
hoax.
SEC. 6. SENSE OF SENATE REGARDING THE OIL SPILL LIABILITY TRUST FUND.
It is the sense of the Senate that--
(1) Congress should approve a bill to ensure that all forms
of bitumen or synthetic crude oil derived from bitumen are
subject to the per-barrel excise tax associated with the Oil
Spill Liability Trust Fund established by section 9509 of the
Internal Revenue Code of 1986;
(2) it is necessary for Congress to approve a bill
described in paragraph (1) because the Internal Revenue Service
determined in 2011 that certain forms of petroleum are not
subject to the per-barrel excise tax;
(3) under article I, section 7, clause 1 of the
Constitution, the Senate may not originate a bill to raise new
revenue, and thus may not originate a bill to close the
legitimate and unintended loophole described in paragraph (2);
(4) if the Senate attempts to originate a bill described in
paragraph (1), it would provide a substantive basis for a
``blue slip'' from the House of Representatives, which would
prevent advancement of the bill; and
(5) the House of Representatives, consistent with article
I, section 7, clause 1 of the Constitution, should consider and
refer to the Senate a bill to ensure that all forms of bitumen
or synthetic crude oil derived from bitumen are subject to the
per-barrel excise tax associated with the Oil Spill Liability
Trust Fund established by section 9509 of the Internal Revenue
Code of 1986.
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 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 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 INFORMATION FOR COMMERCIAL BUILDINGS
SEC. 301. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS.
(a) Requirement of Benchmarking and Disclosure for Leasing
Buildings Without Energy Star Labels.--Section 435(b)(2) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is
amended--
(1) by striking ``paragraph (2)'' and inserting ``paragraph
(1)''; and
(2) by striking ``signing the contract,'' and all that
follows through the period at the end and inserting the
following:
``signing the contract, the following requirements are met:
``(A) The space is renovated for all energy
efficiency and conservation improvements that would be
cost effective over the life of the lease, including
improvements in lighting, windows, and heating,
ventilation, and air conditioning systems.
``(B)(i) Subject to clause (ii), the space is
benchmarked under a nationally recognized, online, free
benchmarking program, with public disclosure, unless
the space is a space for which owners cannot access
whole building utility consumption data, including
spaces--
``(I) that are located in States with
privacy laws that provide that utilities shall
not provide such aggregated information to
multitenant building owners; and
``(II) for which tenants do not provide
energy consumption information to the
commercial building owner in response to a
request from the building owner.
``(ii) A Federal agency that is a tenant of the
space shall provide to the building owner, or authorize
the owner to obtain from the utility, the energy
consumption information of the space for the
benchmarking and disclosure required by this
subparagraph.''.
(b) Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Energy, in
collaboration with the Administrator of the Environmental
Protection Agency, shall complete a study--
(A) on the impact of--
(i) State and local performance
benchmarking and disclosure policies, and any
associated building efficiency policies, for
commercial and multifamily buildings; and
(ii) programs and systems in which
utilities provide aggregated information
regarding whole building energy consumption and
usage information to owners of multitenant
commercial, residential, and mixed-use
buildings;
(B) that identifies best practice policy approaches
studied under subparagraph (A) that have resulted in
the greatest improvements in building energy
efficiency; and
(C) that considers--
(i) compliance rates and the benefits and
costs of the policies and programs on building
owners, utilities, tenants, and other parties;
(ii) utility practices, programs, and
systems that provide aggregated energy
consumption information to multitenant building
owners, and the impact of public utility
commissions and State privacy laws on those
practices, programs, and systems;
(iii) exceptions to compliance in existing
laws where building owners are not able to
gather or access whole building energy
information from tenants or utilities;
(iv) the treatment of buildings with--
(I) multiple uses;
(II) uses for which baseline
information is not available; and
(III) uses that require high levels
of energy intensities, such as data
centers, trading floors, and
televisions studios;
(v) implementation practices, including
disclosure methods and phase-in of compliance;
(vi) the safety and security of
benchmarking tools offered by government
agencies, and the resiliency of those tools
against cyber attacks; and
(vii) international experiences with regard
to building benchmarking and disclosure laws
and data aggregation for multitenant buildings.
(2) Submission to congress.--At the conclusion of the
study, the Secretary shall submit to the Committee on Energy
and Commerce of the House of Representatives and Committee on
Energy and Natural Resources of the Senate a report on the
results of the study.
(c) Creation and Maintenance of Database.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act and following opportunity for public
notice and comment, the Secretary of Energy, in coordination
with other relevant agencies, shall maintain, and if necessary
create, a database for the purpose of storing and making
available public energy-related information on commercial and
multifamily buildings, including--
(A) data provided under Federal, State, local, and
other laws or programs regarding building benchmarking
and energy information disclosure;
(B) information on buildings that have disclosed
energy ratings and certifications; and
(C) energy-related information on buildings
provided voluntarily by the owners of the buildings,
only in an anonymous form unless the owner provides
otherwise.
(2) Complementary programs.--The database maintained
pursuant to paragraph (1) shall complement and not duplicate
the functions of the Environmental Protection Agency's Energy
Star Portfolio Manager tool.
(d) Input From Stakeholders.--The Secretary of Energy shall seek
input from stakeholders to maximize the effectiveness of the actions
taken under this section.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, and every 2 years thereafter, the Secretary of Energy shall
submit to the Committee on Energy and Commerce of the House of
Representatives and Committee on Energy and Natural Resources of the
Senate a report on the progress made in complying with this section.
Passed the Senate January 29, 2015.
Attest:
Secretary.
114th CONGRESS
1st Session
S. 1
_______________________________________________________________________
AN ACT
To approve the Keystone XL Pipeline.