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Calendar No. 272
116th Congress } { Report
SENATE
1st Session } { 116-151
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SMART BUILDING ACCELERATION ACT OF 2019
_______
October 24, 2019.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 2335]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2335) to accelerate smart building
development, and for other purposes, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.
PURPOSE
The purpose of S. 2335 is to accelerate smart building
development.
BACKGROUND AND NEED
The building sector uses more than 40 percent of the energy
of the nation, but it has been challenging to reduce energy use
in this sector for two reasons. First, buildings are designed
to stand for decades, and individual owners have little
incentive to make energy efficiency improvements that yield
benefits beyond their period of ownership. Second, builders and
building owners often pass on the energy costs to the buyer or
tenants, so owners have little incentive to make energy
efficiency improvements to reduce energy costs.
However, emerging energy monitoring and control
technologies are enabling a transition of the building sector
to ``smart'' buildings that have dramatically reduced energy
use and improved quality of service to occupants. S. 2335 seeks
to accelerate the transition to smart buildings by supporting
research and by documenting the costs and benefits of emerging
technologies in private-sector and Federal government
buildings. By expanding the use of smart technology, this
legislation aims to lower energy use and lower energy bills for
taxpayer-funded buildings around the country.
LEGISLATIVE HISTORY
S. 2335 was introduced by Senators Cantwell and Smith on
July 30, 2019.
Companion legislation, H.R. 2044, was introduced in the
House of Representatives by Representatives Welch (D-VT) and
Kinzinger (R-IL) on April 3, 2019, and referred to the Energy
and Commerce Committee, which reported the measure by voice
vote on July 17, 2019.
In the 115th Congress, a similar bill, S. 2447, was
introduced by Senators Cantwell and Smith on February 15, 2018.
The measure was also included as section 1113 in S. 1460, the
Energy and Natural Resources Act of 2017. S. 1460 was
introduced by Senators Murkowski and Cantwell on June 28, 2017,
and placed directly on the Legislative Calendar (Cal. 162).
Companion legislation, H.R. 5069, was introduced in the
House of Representatives by Representatives Welch and Kinzinger
on February 16, 2018.
In the 114th Congress, a similar bill, S. 1046, was
introduced by Senator Cantwell on April 22, 2015. Senator
Murkowski was later added as a cosponsor. The Energy and
Natural Resources Committee held a hearing on S. 1046 on April
30, 2015 (S. Hrg. 114-166). The measure was also included as
section 1014 in S. 2012, the Energy Policy Modernization Act of
2016. An original bill, S. 2012 was reported by the Committee
on Energy and Natural Resources on July 30, 2015, and passed by
the Senate, as amended, on April 26, 2016, by a vote of 85-12.
Companion legislation, H.R. 2654, was introduced in the
House of Representatives by Representatives Welch and Kinzinger
on May 21, 2015.
The Senate Committee on Energy and Natural Resources met in
open business session on September 25, 2019, and ordered S.
2335 favorably reported.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on September 25, 2019, by a majority
voice vote of a quorum present, recommends that the Senate pass
S. 2335.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides a short title.
Sec. 2. Findings
Section 2 provides findings.
Sec. 3. Definitions
Section 3 defines key terms.
Sec. 4. Federal smart building program
Section 4(a) directs the Secretary of Energy (Secretary),
within one year of enactment, to establish the ``Federal Smart
Building Program'' to implement smart building technology and
demonstrate the costs and benefits of smart buildings.
Subsection (b) requires the Secretary to select at least
one building from among each of several key Federal agencies
(including the Departments of the Army, Navy, Air Force,
Energy, Interior, Veterans Affairs, and General Services
Administration) for the implementation of smart building
technologies in order to ensure a diverse selection of
buildings based on size, type, and geographic location.
Buildings that are Federally owned and commercially operated
may be included.
Subsection (c) directs the Secretary, within 18 months of
enactment, to establish targets for the number of smart
buildings to be commissioned and evaluated by key Federal
agencies by three years and six years after enactment.
Subsection (d) specifies the Federal agencies from which
the Secretary is to select buildings pursuant to subsection
(b).
Subsection (e) requires the Secretary to leverage existing
financing mechanisms to implement the program.
Subsection (f) requires the Secretary to use Federal Energy
Management Program (FEMP) guidelines relating to whole-building
evaluation to evaluate the costs and benefits of each building
selected under subsection (b), including an identification of
which advanced building technologies are more cost-effective,
and those that show the most promise for increasing energy
savings; increasing service performance; reducing environmental
impacts; and establishing cybersecurity.
Subsection (g) authorizes the Secretary to expand awards
made under FEMP and the Better Building Challenge to recognize
agency achievements in accelerating smart building technology
adoption.
Sec. 5. Survey of private sector smart buildings
Section 5(a) directs the Secretary to conduct a survey of
privately owned smart buildings throughout the country.
Subsection (b) requires the Secretary to select at least
one building each from the smart buildings surveyed in
subsection (a) in order to ensure an appropriate range of
building sizes, types, and geographic locations.
Subsection (c) requires the Secretary to use FEMP
guidelines relating to whole-building evaluation to evaluate
costs and benefits of each building selected under subsection
(b), including an identification of which advanced building
technologies are more cost-effective, and those that show the
most promise for increasing energy savings; increasing service
performance; reducing environmental impacts; and establishing
cybersecurity.
Sec. 6. Leveraging existing programs
Section 6 (a) requires the Secretary, as a part of the
Better Building Challenge, to develop smart building
accelerators to demonstrate innovative policies and approaches
that will accelerate the transition to smart buildings in the
public, institutional, and commercial building sectors.
Subsection (b) directs the Secretary to conduct research
and development (R&D) to address key barriers to the
integration of advance building technologies and to accelerate
the transition to smart buildings. The subsection further
specifies the areas the R&D must include, such as achieving
whole-building, systems-level efficiency through smart system
and component integration; reducing costs of key components;
data management; cybersecurity protection; consumer and utility
protections; and other areas the Secretary determines
appropriate.
Sec. 7. Report
Section 7 requires the Secretary to submit a report to
Congress on the establishment of the Federal Smart Building
Program and the evaluation of Federal smart buildings under
section 4, the survey and evaluation of private sector smart
building under section 5, and any recommendation of the
Secretary to further accelerate the transition to smart
buildings. The report is due within two years of enactment, and
every two years thereafter until a total of three reports have
been submitted to Congress.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2335. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2335, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2335, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
Executive views on S. 2335 were not requested by the
Committee.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 2335 as ordered
reported.
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