[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9576 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9576
To require the Administrator of the Environmental Protection Agency to
develop and carry out a benchmarking and transparency initiative for
commercial and multifamily properties to advance knowledge about
building energy and water use and greenhouse gas emissions and inform
efforts to reduce energy and water consumption and greenhouse gas
emissions nationwide, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 15, 2022
Ms. Castor of Florida (for herself and Mr. Levin of Michigan)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
develop and carry out a benchmarking and transparency initiative for
commercial and multifamily properties to advance knowledge about
building energy and water use and greenhouse gas emissions and inform
efforts to reduce energy and water consumption and greenhouse gas
emissions nationwide, and for other purposes.
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 ``Leveraging Our
Water and Energy data to Reduce Energy Bills Act of 2022'' or the
``LOWER Energy Bills Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Covered property benchmarking and transparency initiative.
Sec. 4. National benchmarking requirement.
Sec. 5. Exemptions and extensions.
Sec. 6. Data transparency and sharing.
Sec. 7. Federal assistance.
Sec. 8. Penalties.
Sec. 9. Report.
Sec. 10. Residential benchmarking study.
Sec. 11. Regulations.
Sec. 12. Definitions.
Sec. 13. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The climate crisis is raging and is already imposing
significant costs on the economy of the United States.
(2) The Biden-Harris Administration has committed to
reducing harmful climate pollution by 50 to 52 percent below
2005 levels economy-wide by 2030.
(3) Increasing energy efficiency will improve energy
security, save money on energy bills, create jobs, and reduce
harmful climate pollution.
(4) Building energy benchmarking and disclosure helps
provide transparency in building energy efficiency and has
provided substantial benefits at affordable costs to State and
local governments who have adopted benchmarking, including
reducing energy use and emissions, helping tenants become
informed about the utility costs associated with properties,
helping tenants experience better health and comfort in
properties, helping building owners experience lower vacancy
and turnover rates, and allowing policymakers to make more
informed decisions about future energy efficiency policies.
(5) A Federal benchmarking requirement will reduce harmful
climate pollution that crosses State boundaries, provide
information for people relocating to other States, and
harmonize building energy efficiency and disclosure
requirements in metropolitan areas that cross State lines.
SEC. 3. COVERED PROPERTY BENCHMARKING AND TRANSPARENCY INITIATIVE.
(a) Purpose.--The Administrator shall develop and carry out a
benchmarking and transparency initiative for covered properties the
purpose of which is to--
(1) advance the knowledge of owners and occupants regarding
building energy and water use and greenhouse gas emissions; and
(2) inform efforts to reduce energy and water use and
greenhouse gas emissions nationwide.
(b) Consultation and Coordination.--In developing the initiative,
the Administrator shall consult with and coordinate with the Secretary,
other relevant agencies, and relevant stakeholders, including State and
local governments with relevant benchmarking programs and experts from
academia, nonprofits, and industry.
(c) Existing Programs.--In developing the initiative, the
Administrator shall make appropriate use of existing Federal programs.
SEC. 4. NATIONAL BENCHMARKING REQUIREMENT.
(a) In General.--In carrying out the initiative, the Administrator
shall require each owner of a covered property to, as applicable,
submit data annually to the Administrator (in this Act referred to as a
``benchmarking submission'') in accordance with this section.
(b) Benchmarking Schedule.--
(1) In general.--The owner of a covered property shall, as
applicable, make a benchmarking submission for the covered
property with respect to the previous calendar year not later
than--
(A) for a covered property that is greater than
200,000 square feet in gross floor area--
(i) May 1, 2025; and
(ii) May 1 of each calendar year
thereafter;
(B) for a covered property that is greater than
100,000 square feet in gross floor area, but equal to
or less than 200,000 square feet in gross floor area--
(i) May 1, 2026; and
(ii) May 1 of each calendar year
thereafter; and
(C) for a covered property that is greater than
50,000 square feet in gross floor area, but equal to or
less than 100,000 square feet in gross floor area--
(i) May 1, 2027; and
(ii) May 1 of each calendar year
thereafter.
(2) Smaller covered properties.--The Administrator may, as
the Administrator determines appropriate, require an owner of a
covered property that is equal to or less than 50,000 square
feet in gross floor area to make a benchmarking submission for
the covered property with respect to the previous calendar
year.
(c) Notification.--
(1) First submissions.--Between January 1 and March 1 of
each year, for at least the first 3 years during which an owner
of a covered property is required to make a benchmarking
submission, the Administrator shall attempt to notify such
owner of such requirement via direct mail, electronically via
email, or through a public posting on a website.
(2) Failure to notify.--Failure of the Administrator to
notify an owner of a covered property under this subsection
shall not affect the obligation of such owner to make a
benchmarking submission.
(d) Benchmarking Data Collection and Reporting.--
(1) Requirements.--
(A) In general.--The Administrator shall develop
requirements for benchmarking submissions.
(B) Failure to develop requirements.--If the
Administrator fails to develop requirements pursuant to
subparagraph (A), the owner of a covered property shall
make a benchmarking submission in accordance with
paragraphs (2) and (3).
(C) Updating requirements.--The Administrator may
periodically update the requirements developed under
this paragraph to increase data transparency for the
purposes of reducing energy and water use and
greenhouse gas emissions of covered properties.
(2) Data requirements.--The requirements developed under
paragraph (1) shall include a requirement that each
benchmarking submission for a covered property include--
(A) descriptive information about the covered
property; and
(B) information about the operational
characteristics of the covered property, including--
(i) aggregated whole-building data
regarding energy and water use for the covered
property compiled or submitted in accordance
with subsection (e); and
(ii) any other information that is required
by the Administrator for purposes of the Energy
Star Portfolio Manager.
(3) Verification requirement.--
(A) In general.--The requirements developed under
paragraph (1) shall include a requirement that each
owner of a covered property verify, not less than once
every 3 years, as applicable, that data submitted in
each benchmarking submission for the covered property,
including data regarding energy and water use for the
covered property, is accurate.
(B) Requirements.--The Administrator shall develop
requirements for verification of data required under
subparagraph (A), including requirements related to
third-party data verification, the use of licensed
professionals for such verification, and any
appropriate waivers for such verification.
(e) Aggregated Whole-Building Data.--
(1) Compilation of data.--For purposes of meeting the
requirements of the initiative, an owner of a covered property
may obtain aggregated whole-building data on the energy and
water use of the covered property--
(A) by obtaining such data from an electric
utility, gas utility, or public water system pursuant
to paragraph (2);
(B) by collecting such data from all tenants
pursuant to paragraph (3); or
(C) by reading a master meter or reading all meters
serving the covered property.
(2) Energy and water data.--
(A) Request.--An owner of a covered property may
request, for purposes of meeting the requirements of
the initiative, that an electric utility, gas utility,
or public water system--
(i) provide the owner aggregated whole-
building data on the energy or water use of the
covered property; and
(ii) directly submit to the Administrator
aggregated whole-building data on the energy or
water use of the covered property.
(B) Fulfillment of request.--
(i) In general.--An electric utility, gas
utility, or public water system shall, not
later than 10 days after receiving a request
from an owner of a covered property under
subparagraph (A), provide the owner aggregated
whole-building data on the energy or water use
of the covered property and submit to the
Administrator aggregated whole-building data on
the energy or water use of the covered
property, provided that--
(I) the number of individually
metered accounts associated with the
covered property is at least 4; or
(II) the electric utility, gas
utility, or public water system
receives consent from tenants, or in
the case of a condominium, receives
consent from an individual unit owner,
for the electric utility, gas utility,
or public water system to provide and
submit the data.
(ii) Exception.--Clause (i) shall not apply
to a public water system, with respect to a
covered property, if such public water system
does not measure and record water usage of such
covered property.
(C) Specifications.--Data provided or submitted
under subparagraph (B) shall--
(i) be provided in an electronic,
automated, machine readable form, without
additional charge;
(ii) include information on at least 24
months of energy or water use; and
(iii) be provided in a manner that provides
adequate protections for the security of the
information and consumer privacy.
(3) Tenant data.--If an electric utility, gas utility, or
public water system does not provide aggregated whole-building
data pursuant to this subsection, the owner of a covered
property shall request any information that cannot otherwise be
acquired by the owner and that is needed by the owner to comply
with the requirements of this section from each tenant or, in
the case of a condominium, an individual unit owner, located on
the covered property.
(4) Use of data.--Nothing in this section shall be
construed to relieve covered property owners from compliance
with State or local laws governing direct access to utility
data by a tenant or, in the case of a condominium, an
individual unit owner, from the responsible electric utility,
gas utility, or public water system.
(5) Unmetered water use.--In making a benchmarking
submission, the owner of a covered property shall not be
required to include aggregated whole-building data regarding
water use if the covered property does not have a meter that
measures and records water usage data.
SEC. 5. EXEMPTIONS AND EXTENSIONS.
(a) State or Local Benchmarking.--
(1) Exemption.--The owner of a covered property shall not
be required to make a benchmarking submission to comply with
the initiative with respect to the covered property for a
calendar year if the owner is required for such calendar year
to comply with a benchmarking requirement of a State or local
government that the Administrator has determined meets or
exceeds the benchmarking submission requirements under section
4.
(2) Listing.--
(A) In general.--For purposes of this section, the
Administrator shall list, and update the list
periodically, the States and local governments that
have benchmarking requirements that meet or exceed the
benchmarking submission requirements under section 4.
(B) Removal.--The Administrator may remove a State
or local government from the list under subparagraph
(A) if the Administrator determines that the
benchmarking requirements of such State or local
government no longer meet or exceed the benchmarking
submission requirements under section 4, including due
to low compliance with the benchmarking requirements of
such State or local government.
(b) Exemptions for Certain Conditions.--
(1) Conditions.--The Administrator may grant an exemption
from making a benchmarking submission or a time extension for
making a benchmarking submission if the request for such
exemption or a time extension establishes that due to special
circumstances not based on a condition caused by actions of the
applicant, compliance with requirements of the initiative would
cause undue hardship or would not be in the public interest.
(2) Determination.--The Administrator shall determine and
describe the circumstances in which the owner of a covered
property may be exempt from making a benchmarking submission or
may be granted a time extension for making a benchmarking
submission in accordance with this subsection.
SEC. 6. DATA TRANSPARENCY AND SHARING.
(a) Data Transparency.--
(1) In general.--In carrying out the initiative, the
Administrator shall, to help inform owners, managers, tenants,
and the market at large about a covered property's energy and
water use, annually make available, on a publicly accessible
website, the subset of data, determined in accordance with
paragraph (3), that is submitted to the Administrator as part
of a benchmarking submission for the previous calendar year for
such covered property.
(2) Mapping and automated data access.--The Administrator
shall seek to make data made available under this subsection
easily accessible and interpretable, including--
(A) through interactive web-based maps, including
by city or region;
(B) by making the data available for download in 1
or more forms to enable analysis and use of the data;
(C) by encouraging real estate listing services to
include the data for all listed properties; and
(D) if the Administrator determines appropriate, by
assigning covered properties letter grades or other
categorical ratings based on such data to improve
understanding of the data.
(3) Shared benchmarking information.--The Administrator
shall determine the subset of data submitted to the
Administrator as part of a benchmarking submission to be made
publicly available under paragraph (1), which shall include
gross floor area and the information described in section
4(d)(2)(B), as the Administrator determines appropriate.
(4) Exclusions.--The Administrator may determine that data
be excluded from publication under this subsection because
publication of such data is not in the public interest.
(b) Sharing of Data.--
(1) Sharing of nonanonymized data.--The Administrator may
provide data regarding a covered property that is not
anonymized data from benchmarking submissions to any electric
utility, gas utility, or public water system serving the
covered property or to any Federal, State, county or city-
managed energy efficiency or management program, provided that
the data will be used only for purposes of offering government
regulated programs, services, and incentives related to energy
and water efficiency and management.
(2) Disclosure of anonymized data.--The Administrator may
disclose any data from benchmarking submissions to a third
party for academic or other non-commercial research purposes
provided that such data is anonymized data.
SEC. 7. FEDERAL ASSISTANCE.
(a) Energy Star Portfolio Manager Support.--In carrying out the
initiative, the Administrator shall improve the Energy Star Portfolio
Manager and enhance implementation of the initiative, including by--
(1) expanding the types of buildings eligible for Energy
Star scores;
(2) considering the most effective use of data gathered
from the initiative and the Commercial Buildings Energy
Consumption Survey in determining timely and accurate Energy
Star scores for covered properties;
(3) considering greenhouse gas emissions in determining
eligibility for Energy Star recognition; and
(4) making any other improvements the Administrator
determines appropriate.
(b) Technical and Financial Assistance.--
(1) Technical assistance.--In carrying out the initiative,
the Administrator may provide technical assistance to any State
or local government that has or intends to establish a building
energy and water benchmarking requirement.
(2) New benchmarking programs.--The Administrator may
provide financial assistance to States and local governments to
help such State and local governments establish building energy
and water benchmarking programs. Not later than 180 days after
the date of enactment of this Act, the Administrator shall
develop application materials for State and local governments
to apply for such assistance and funding award limits for such
assistance.
SEC. 8. PENALTIES.
(a) Penalties Assessed on Owners of Covered Properties.--
(1) Written warning.--The Administrator shall issue a
written warning to an owner of a covered property if the
Administrator determines that the owner of the covered property
has--
(A) failed to submit a benchmarking submission for
the covered property by the applicable deadline under
section 4(b);
(B) misrepresented any material fact in a
benchmarking submission;
(C) submitted incomplete or inaccurate information
in a benchmarking submission; or
(D) failed to verify that data submitted in a
benchmarking submission for the covered property is
accurate in accordance with section 4(d).
(2) Notice of violation and initial penalties.--If an owner
of a covered property does not make or appropriately update a
benchmarking submission, or verify data, as applicable, within
30 days of the date on which a written warning is issued to
such owner under paragraph (1), the Administrator may issue
such owner a notice of violation assessing a penalty of not
more than 1 cent per square foot of the applicable covered
property per month of noncompliance.
(3) Subsequent penalties.--If an owner of a covered
property does not make or appropriately update a benchmarking
submission, or verify data, as applicable, within 90 days of
the date on which a notice of violation is issued to such owner
under paragraph (2), the Administrator may, at that time, and
every three months thereafter, assess an additional penalty
against such owner of not more than 2 cents per square foot of
the applicable covered property per month of noncompliance.
(b) Penalties Assessed on Utilities.--
(1) Written warning.--The Administrator shall issue a
written warning to an electric utility, gas utility, or public
water system that is, with respect to a covered property,
required under section 4(e)(2) to provide the owner of such
covered property aggregated whole-building data on the energy
or water use of the covered property and to submit to the
Administrator such aggregated whole-building data, if the
Administrator determines that the electric utility, gas
utility, or public water system has failed to provide or submit
such aggregated whole-building data in accordance with section
4(e)(2).
(2) Notice of violation and initial penalties.--If an
electric utility, gas utility, or public water system that is
described in paragraph (1) and issued a written warning under
such paragraph does not provide or submit aggregated whole-
building data to the applicable owner or to the Administrator
within 30 days of the date on which such written warning is
issued, the Administrator may issue such electric utility, gas
utility, or public water system a notice of violation assessing
a penalty of not more than $5,000 per violation.
(3) Subsequent penalties.--If an electric utility, gas
utility, or public water system that is described in paragraph
(1) and issued a notice of violation under paragraph (2) does
not provide or submit aggregated whole-building data to the
applicable owner or the Administrator within 90 days of the
date on which such notice of violation is issued, the
Administrator may, at that time, and every three months
thereafter, assess an additional penalty against such electric
utility, gas utility, or public water system, of not more than
$10,000 per violation.
SEC. 9. REPORT.
Not later than December 1, 2027, the Administrator shall conduct an
assessment of the initiative, including an assessment of compliance
rates for the initiative, and submit to Congress a report--
(1) on the findings of the assessment, including--
(A) a summary of energy and water use data
submitted under the initiative;
(B) an evaluation of the accuracy, and issues
affecting the accuracy, of such data; and
(C) changes in the energy and water use and
greenhouse gas emissions of covered properties over
time; and
(2) that includes any recommendations for modifications to
improve the impact of the assistance provided under section
7(b) to help achieve the purpose of the initiative.
SEC. 10. RESIDENTIAL BENCHMARKING STUDY.
(a) In General.--In carrying out the initiative, the Administrator,
in consultation and coordination with the Secretary, shall--
(1) conduct a study on energy rating and assessment
programs for residential buildings, including--
(A) an evaluation of the impacts of State and local
energy benchmarking, energy audit, home energy rating,
and other related energy benchmarking and transparency
policies for residential buildings, including
multifamily units and single-family homes, on energy
use and emissions of greenhouse gases and other air
pollutants;
(B) identification of best practice policy
approaches studied under subparagraph (A), including
approaches for rating systems, that have resulted in
the greatest reductions in residential building energy
use and emissions of greenhouse gases and other air
pollutants; and
(C) consideration of the impacts of a Federal
residential benchmarking and transparency requirement
modeled after best practice policy approaches
identified under subparagraph (B), including on--
(i) the benefits and costs to homeowners,
tenants, landlords, enforcement agencies, and
other parties;
(ii) residential energy use;
(iii) residential emissions of greenhouse
gases and other air pollutants;
(iv) distributional effects, especially for
low-income communities and communities of
color;
(v) housing affordability; and
(vi) energy insecurity; and
(2) based on the study conducted under paragraph (1),
develop recommendations on changes to existing Federal programs
or new Federal policies, programs, or incentives to better
provide information on home energy use and emissions of
greenhouse gases and other air pollutants to homeowners and
tenants for the purposes of reducing residential energy use and
emissions of greenhouse gases and other air pollutants and
alleviating household energy burdens.
(b) Submission to Congress.--Not later than 12 months after the
date of enactment of this Act, the Administrator shall submit to the
Committee on Energy and Commerce of the House of Representatives and
Committees on Environment and Public Works and Energy and Natural
Resources of the Senate a report on the results of the study conducted,
and the recommendations developed under subsection (a).
SEC. 11. REGULATIONS.
(a) In General.--The Administrator shall promulgate and revise such
regulations as are necessary to carry out the initiative.
(b) Initial Regulations.--The Administrator shall promulgate
initial regulations under this section not later than 12 months after
the date of enactment of this Act.
SEC. 12. DEFINITIONS.
For purposes of this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Anonymized data.--The term ``anonymized data'' means
data that does not reveal names, addresses, or any other
information that would identify an individual or business.
(3) Condominium.--The term ``condominium'' means a property
that combines separate ownership of individual units with
common ownership of other elements, such as common areas.
(4) Covered property.--
(A) In general.--The term ``covered property''
means any of the following properties:
(i) A single building.
(ii) One or more buildings held in the
condominium form of ownership.
(iii) A campus of two or more buildings
which are owned and operated by the same party
and are--
(I) behind a common utility meter,
or served by a common mechanical or
electrical system (such as a chilled
water loop), which would prevent the
owner from being able to easily
determine the energy use attributable
to each of the individual buildings; or
(II) used primarily as--
(aa) an elementary or
secondary school;
(bb) a hospital;
(cc) a hotel;
(dd) multifamily housing;
or
(ee) a senior care
community.
(B) Exclusions.--The term ``covered property'' does
not include any of the following:
(i) Single family, duplex, triplex, and
fourplex residential homes and related
accessory structures, or any other residential
building with less than 5 units.
(ii) Properties classified as manufacturing
per designated Standard Industrial
Classification (SIC) codes 20 through 39.
(iii) Other building types not meeting the
purpose of the initiative, as determined by the
Administrator.
(5) Electric utility.--The term ``electric utility'' has
the meaning given such term in section 3 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2602).
(6) Energy star portfolio manager.--The term ``Energy Star
Portfolio Manager'' means the tool developed and maintained by
the Administrator to track and assess the relative energy
performance of buildings.
(7) Energy star score.--The term ``Energy Star score''
means the 1-100 numeric rating generated by the Energy Star
Portfolio Manager as a measurement of a building's energy
efficiency.
(8) Gas utility.--The term ``gas utility'' has the meaning
given such term in section 302 of the Public Utility Regulatory
Policies Act of 1978 (15 U.S.C. 3202).
(9) Greenhouse gas.--The term ``greenhouse gas'' means the
air pollutants carbon dioxide, hydrofluorocarbons, methane,
nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
(10) Gross floor area.--The term ``gross floor area'' has
the meaning given such term in the glossary for the Energy Star
Portfolio Manager.
(11) Initiative.--The term ``initiative'' means the
benchmarking and transparency initiative for commercial and
multifamily properties developed and carried out pursuant to
section 3.
(12) Owner.--The term ``owner'' means any of the following:
(A) An individual or entity possessing title to a
property.
(B) In the case of a condominium, the board of the
owners' association or the master association, as
applicable.
(C) The board of directors, in the case of a
cooperative apartment corporation.
(D) An agent authorized to act on behalf of any
individual or entity described in subparagraph (A),
(B), or (C).
(13) Public water system.--The term ``public water system''
has the meaning given such term in section 1401(4) of the Safe
Drinking Water Act (42 U.S.C. 300f(4)).
(14) State.--The term ``State'' means each of the several
States, the District of Columbia, each territory or possession
of the United States, and the governing body of each federally
recognized Indian Tribe, band, nation, pueblo, or other
organized group or community which is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
(15) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) Initial Development and Regulations.--For each of fiscal years
2023 through 2027, there is authorized to be appropriated to develop
and carry out the initiative, including to promulgate initial
regulations under section 11, $10,000,000, to remain available until
expended.
(b) Implementation of Initiative.--In addition to amounts
authorized to be appropriated under subsection (a), for each of fiscal
years 2023 through 2032, there is authorized to be appropriated--
(1) $5,000,000 to carry out section 7(a), to remain
available until expended;
(2) $50,000,000 to provide technical and financial
assistance under section 7(b), to remain available until
expended; and
(3) $5,000,000 to carry out section 8, to remain available
until expended.
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