IIB 

113TH CONGRESS 

2D SESSION H. R. 2126 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2014 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To promote energy efficiency, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Energy Efficiency Im3 provement Act of 2014’’. 

4 TITLE I—BETTER BUILDINGS 

5 SEC. 101. SHORT TITLE. 

6 This title may be cited as the ‘‘Better Buildings Act 

7 of 2014’’. 

8 SEC. 102. ENERGY EFFICIENCY IN FEDERAL AND OTHER 

9 BUILDINGS. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of General Serv13 ices. 

14 (2) COST-EFFECTIVE ENERGY EFFICIENCY

15 MEASURE.—The term ‘‘cost-effective energy effi16 ciency measure’’ means any building product, mate17 rial, equipment, or service, and the installing, imple18 menting, or operating thereof, that provides energy 

19 savings in an amount that is not less than the cost 

20 of such installing, implementing, or operating. 

21 (3) COST-EFFECTIVE WATER EFFICIENCY

22 MEASURE.—The term ‘‘cost-effective water efficiency 

23 measure’’ means any building product, material, 

24 equipment, or service, and the installing, imple25 menting, or operating thereof, that provides water 


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1 savings in an amount that is not less than the cost 

2 of such installing, implementing, or operating. 

3 (b) MODEL PROVISIONS, POLICIES, AND BEST PRAC4 TICES.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of enactment of this Act, the Adminis7 trator, in consultation with the Secretary of Energy 

8 and after providing the public with an opportunity 

9 for notice and comment, shall develop model com10 mercial leasing provisions and best practices in ac11 cordance with this subsection. 

12 (2) COMMERCIAL LEASING.— 

13 (A) IN GENERAL.—The model commercial 

14 leasing provisions developed under this sub15 section shall, at a minimum, align the interests 

16 of building owners and tenants with regard to 

17 investments in cost-effective energy efficiency 

18 measures and cost-effective water efficiency 

19 measures to encourage building owners and ten20 ants to collaborate to invest in such measures. 

21 (B) USE OF MODEL PROVISIONS.—The 

22 Administrator may use the model commercial 

23 leasing provisions developed under this sub24 section in any standard leasing document that 


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1 designates a Federal agency (or other client of 

2 the Administrator) as a landlord or tenant. 

3 (C) PUBLICATION.—The Administrator 

4 shall periodically publish the model commercial 

5 leasing provisions developed under this sub6 section, along with explanatory materials, to en7 courage building owners and tenants in the pri8 vate sector to use such provisions and mate9 rials. 

10 (3) REALTY SERVICES.—The Administrator 

11 shall develop policies and practices to implement 

12 cost-effective energy efficiency measures and cost-ef13 fective water efficiency measures for the realty serv14 ices provided by the Administrator to Federal agen15 cies (or other clients of the Administrator), including 

16 periodic training of appropriate Federal employees 

17 and contractors on how to identify and evaluate 

18 those measures. 

19 (4) STATE AND LOCAL ASSISTANCE.—The Ad20 ministrator, in consultation with the Secretary of 

21 Energy, shall make available model commercial leas22 ing provisions and best practices developed under 

23 this subsection to State, county, and municipal gov24 ernments for use in managing owned and leased 

25 building space in accordance with the goal of encourVerDate Mar 15 2010 22:36 Mar 06, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2126.RFS H2126

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1 aging investment in all cost-effective energy effi2 ciency measures and cost-effective water efficiency 

3 measures. 

4 SEC. 103. SEPARATE SPACES WITH HIGH-PERFORMANCE 

5 ENERGY EFFICIENCY MEASURES. 

6 (a) IN GENERAL.—Subtitle B of title IV of the En7 ergy Independence and Security Act of 2007 (42 U.S.C. 

8 17081 et seq.) is amended by adding at the end the fol9 lowing: 

10 ‘‘SEC. 424. SEPARATE SPACES WITH HIGH-PERFORMANCE 

11 ENERGY EFFICIENCY MEASURES. 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) HIGH-PERFORMANCE ENERGY EFFICIENCY

14 MEASURE.—The term ‘high-performance energy effi15 ciency measure’ means a technology, product, or 

16 practice that will result in substantial operational 

17 cost savings by reducing energy consumption and 

18 utility costs. 

19 ‘‘(2) SEPARATE SPACES.—The term ‘separate 

20 spaces’ means areas within a commercial building 

21 that are leased or otherwise occupied by a tenant or 

22 other occupant for a period of time pursuant to the 

23 terms of a written agreement. 

24 ‘‘(b) STUDY.— 


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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this section, the Secretary, 

3 acting through the Assistant Secretary of Energy 

4 Efficiency and Renewable Energy, shall complete a 

5 study on the feasibility of— 

6 ‘‘(A) significantly improving energy effi7 ciency in commercial buildings through the de8 sign and construction, by owners and tenants, 

9 of separate spaces with high-performance en10 ergy efficiency measures; and 

11 ‘‘(B) encouraging owners and tenants to 

12 implement high-performance energy efficiency 

13 measures in separate spaces. 

14 ‘‘(2) SCOPE.—The study shall, at a minimum, 

15 include— 

16 ‘‘(A) descriptions of— 

17 ‘‘(i) high-performance energy effi18 ciency measures that should be considered 

19 as part of the initial design and construc20 tion of separate spaces; 

21 ‘‘(ii) processes that owners, tenants, 

22 architects, and engineers may replicate 

23 when designing and constructing separate 

24 spaces with high-performance energy effi25 ciency measures; 


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1 ‘‘(iii) policies and best practices to 

2 achieve reductions in energy intensities for 

3 lighting, plug loads, heating, cooling, cook4 ing, laundry, and other systems to satisfy 

5 the needs of the commercial building ten6 ant; 

7 ‘‘(iv) return on investment and pay8 back analyses of the incremental cost and 

9 projected energy savings of the proposed 

10 set of high-performance energy efficiency 

11 measures, including consideration of avail12 able incentives; 

13 ‘‘(v) models and simulation methods 

14 that predict the quantity of energy used by 

15 separate spaces with high-performance en16 ergy efficiency measures and that compare 

17 that predicted quantity to the quantity of 

18 energy used by separate spaces without 

19 high-performance energy efficiency meas20 ures but that otherwise comply with appli21 cable building code requirements; 

22 ‘‘(vi) measurement and verification 

23 platforms demonstrating actual energy use 

24 of high-performance energy efficiency 

25 measures installed in separate spaces, and 


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1 whether such measures generate the sav2 ings intended in the initial design and con3 struction of the separate spaces; 

4 ‘‘(vii) best practices that encourage an 

5 integrated approach to designing and con6 structing separate spaces to perform at op7 timum energy efficiency in conjunction 

8 with the central systems of a commercial 

9 building; and 

10 ‘‘(viii) any impact on employment re11 sulting from the design and construction of 

12 separate spaces with high-performance en13 ergy efficiency measures; and 

14 ‘‘(B) case studies reporting economic and 

15 energy savings returns in the design and con16 struction of separate spaces with high-perform17 ance energy efficiency measures. 

18 ‘‘(3) PUBLIC PARTICIPATION.—Not later than 

19 90 days after the date of the enactment of this sec20 tion, the Secretary shall publish a notice in the Fed21 eral Register requesting public comments regarding 

22 effective methods, measures, and practices for the 

23 design and construction of separate spaces with 

24 high-performance energy efficiency measures. 


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1 ‘‘(4) PUBLICATION.—The Secretary shall pub2 lish the study on the website of the Department of 

3 Energy.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 in section 1(b) of the Energy Independence and Security 

6 Act of 2007 is amended by inserting after the item relat7 ing to section 423 the following new item: 

‘‘Sec. 424. Separate spaces with high-performance energy efficiency measures.’’. 

8 SEC. 104. TENANT STAR PROGRAM. 

9 (a) IN GENERAL.—Subtitle B of title IV of the En10 ergy Independence and Security Act of 2007 (42 U.S.C. 

11 17081 et seq.) (as amended by section 3) is amended by 

12 adding at the end the following: 

13 ‘‘SEC. 425. TENANT STAR PROGRAM. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) HIGH-PERFORMANCE ENERGY EFFICIENCY

16 MEASURE.—The term ‘high-performance energy effi17 ciency measure’ has the meaning given the term in 

18 section 424. 

19 ‘‘(2) SEPARATE SPACES.—The term ‘separate 

20 spaces’ has the meaning given the term in section 

21 424. 

22 ‘‘(b) TENANT STAR.—The Administrator of the Envi23 ronmental Protection Agency, in consultation with the 

24 Secretary of Energy, shall develop a voluntary program 

25 within the Energy Star program established by section 


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1 324A of the Energy Policy and Conservation Act (42 

2 U.S.C. 6294a), which may be known as Tenant Star, to 

3 promote energy efficiency in separate spaces leased by ten4 ants or otherwise occupied within commercial buildings. 

5 ‘‘(c) EXPANDING SURVEY DATA.—The Secretary of 

6 Energy, acting through the Administrator of the Energy 

7 Information Administration, shall— 

8 ‘‘(1) collect, through each Commercial Build9 ings Energy Consumption Survey of the Energy In10 formation Administration that is conducted after the 

11 date of enactment of this section, data on— 

12 ‘‘(A) categories of building occupancy that 

13 are known to consume significant quantities of 

14 energy, such as occupancy by data centers, 

15 trading floors, and restaurants; and 

16 ‘‘(B) other aspects of the property, build17 ing operation, or building occupancy determined 

18 by the Administrator of the Energy Information 

19 Administration, in consultation with the Admin20 istrator of the Environmental Protection Agen21 cy, to be relevant in lowering energy consump22 tion; 

23 ‘‘(2) with respect to the first Commercial Build24 ings Energy Consumption Survey conducted after 

25 the date of enactment of this section, to the extent 


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1 full compliance with the requirements of paragraph 

2 (1) is not feasible, conduct activities to develop the 

3 capability to collect such data and begin to collect 

4 such data; and 

5 ‘‘(3) make data collected under paragraphs (1) 

6 and (2) available to the public in aggregated form 

7 and provide such data, and any associated results, to 

8 the Administrator of the Environmental Protection 

9 Agency for use in accordance with subsection (d). 

10 ‘‘(d) RECOGNITION OF OWNERS AND TENANTS.— 

11 ‘‘(1) OCCUPANCY-BASED RECOGNITION.—Not 

12 later than 1 year after the date on which sufficient 

13 data is received pursuant to subsection (c), the Ad14 ministrator of the Environmental Protection Agency 

15 shall, following an opportunity for public notice and 

16 comment— 

17 ‘‘(A) in a manner similar to the Energy 

18 Star rating system for commercial buildings, 

19 develop policies and procedures to recognize 

20 tenants in commercial buildings that voluntarily 

21 achieve high levels of energy efficiency in sepa22 rate spaces; 

23 ‘‘(B) establish building occupancy cat24 egories eligible for Tenant Star recognition 


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1 based on the data collected under subsection (c) 

2 and any other appropriate data sources; and 

3 ‘‘(C) consider other forms of recognition 

4 for commercial building tenants or other occu5 pants that lower energy consumption in sepa6 rate spaces. 

7 ‘‘(2) DESIGN- AND CONSTRUCTION-BASED REC8 OGNITION.—After the study required by section 

9 424(b) is completed, the Administrator of the Envi10 ronmental Protection Agency, in consultation with 

11 the Secretary and following an opportunity for pub12 lic notice and comment, may develop a voluntary 

13 program to recognize commercial building owners 

14 and tenants that use high-performance energy effi15 ciency measures in the design and construction of 

16 separate spaces.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of the Energy Independence and Security 

19 Act of 2007 is amended by inserting after the item relat20 ing to section 424 (as added by section 3(b)) the following 

21 new item: 

‘‘Sec. 425. Tenant Star program.’’. 


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1 TITLE II—GRID-ENABLED WATER 

2 HEATERS 

3 SEC. 201. GRID-ENABLED WATER HEATERS. 

4 Part B of title III of the Energy Policy and Conserva5 tion Act (42 U.S.C. 6291 et seq.) is amended— 

6 (1) in section 325(e) (42 U.S.C. 6295(e)), by 

7 adding at the end the following: 

8 ‘‘(6) ADDITIONAL STANDARDS FOR GRID-EN9 ABLED WATER HEATERS.— 

10 ‘‘(A) DEFINITIONS.—In this paragraph: 

11 ‘‘(i) ACTIVATION LOCK.—The term 

12 ‘activation lock’ means a control mecha13 nism (either a physical device directly on 

14 the water heater or a control system inte15 grated into the water heater) that is locked 

16 by default and contains a physical, soft17 ware, or digital communication that must 

18 be activated with an activation key to en19 able the product to operate at its designed 

20 specifications and capabilities and without 

21 which activation the product will provide 

22 not greater than 50 percent of the rated 

23 first hour delivery of hot water certified by 

24 the manufacturer. 


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1 ‘‘(ii) GRID-ENABLED WATER HEAT2 ER.—The term ‘grid-enabled water heater’ 

3 means an electric resistance water heater 

4 that— 

5 ‘‘(I) has a rated storage tank vol6 ume of more than 75 gallons; 

7 ‘‘(II) is manufactured on or after 

8 April 16, 2015; 

9 ‘‘(III) has— 

10 ‘‘(aa) an energy factor of 

11 not less than 1.061 minus the 

12 product obtained by multi13 plying— 

14 ‘‘(AA) the rated storage 

15 volume of the tank, ex16 pressed in gallons; and 

17 ‘‘(BB) 0.00168; or 

18 ‘‘(bb) an equivalent alter19 native standard prescribed by the 

20 Secretary and developed pursu21 ant to paragraph (5)(E); 

22 ‘‘(IV) is equipped at the point of 

23 manufacture with an activation lock; 

24 and 


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1 ‘‘(V) bears a permanent label ap2 plied by the manufacturer that— 

3 ‘‘(aa) is made of material 

4 not adversely affected by water; 

5 ‘‘(bb) is attached by means 

6 of non-water-soluble adhesive; 

7 and 

8 ‘‘(cc) advises purchasers and 

9 end-users of the intended and ap10 propriate use of the product with 

11 the following notice printed in 

12 16.5 point Arial Narrow Bold 

13 font: 

14 ‘‘ ‘IMPORTANT INFORMATION: This water heater is 

15 intended only for use as part of an electric thermal storage 

16 or demand response program. It will not provide adequate 

17 hot water unless enrolled in such a program and activated 

18 by your utility company or another program operator. 

19 Confirm the availability of a program in your local area 

20 before purchasing or installing this product.’. 

21 ‘‘(B) REQUIREMENT.—The manufacturer 

22 or private labeler shall provide the activation 

23 key for a grid-enabled water heater only to a 

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1 gram that uses such a grid-enabled water heat2 er. 

3 ‘‘(C) REPORTS.— 

4 ‘‘(i) MANUFACTURERS.—The Sec5 retary shall require each manufacturer of 

6 grid-enabled water heaters to report to the 

7 Secretary annually the quantity of grid-en8 abled water heaters that the manufacturer 

9 ships each year. 

10 ‘‘(ii) OPERATORS.—The Secretary 

11 shall require utilities and other demand re12 sponse and thermal storage program oper13 ators to report annually the quantity of 

14 grid-enabled water heaters activated for 

15 their programs using forms of the Energy 

16 Information Agency or using such other 

17 mechanism that the Secretary determines 

18 appropriate after an opportunity for notice 

19 and comment. 

20 ‘‘(iii) CONFIDENTIALITY REQUIRE21 MENTS.—The Secretary shall treat ship22 ment data reported by manufacturers as 

23 confidential business information. 

24 ‘‘(D) PUBLICATION OF INFORMATION.— 


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1 ‘‘(i) IN GENERAL.—In 2017 and 

2 2019, the Secretary shall publish an anal3 ysis of the data collected under subpara4 graph (C) to assess the extent to which 

5 shipped products are put into use in de6 mand response and thermal storage pro7 grams. 

8 ‘‘(ii) PREVENTION OF PRODUCT DI9 VERSION.—If the Secretary determines 

10 that sales of grid-enabled water heaters ex11 ceed by 15 percent or greater the quantity 

12 of such products activated for use in de13 mand response and thermal storage pro14 grams annually, the Secretary shall, after 

15 opportunity for notice and comment, estab16 lish procedures to prevent product diver17 sion for non-program purposes. 

18 ‘‘(E) COMPLIANCE.— 

19 ‘‘(i) IN GENERAL.—Subparagraphs 

20 (A) through (D) shall remain in effect 

21 until the Secretary determines under this 

22 section that— 

23 ‘‘(I) grid-enabled water heaters 

24 do not require a separate efficiency 

25 requirement; or 


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1 ‘‘(II) sales of grid-enabled water 

2 heaters exceed by 15 percent or great3 er the quantity of such products acti4 vated for use in demand response and 

5 thermal storage programs annually 

6 and procedures to prevent product di7 version for non-program purposes 

8 would not be adequate to prevent such 

9 product diversion. 

10 ‘‘(ii) EFFECTIVE DATE.—If the Sec11 retary exercises the authority described in 

12 clause (i) or amends the efficiency require13 ment for grid-enabled water heaters, that 

14 action will take effect on the date de15 scribed in subsection (m)(4)(A)(ii). 

16 ‘‘(iii) CONSIDERATION.—In carrying 

17 out this section with respect to electric 

18 water heaters, the Secretary shall consider 

19 the impact on thermal storage and demand 

20 response programs, including any impact 

21 on energy savings, electric bills, peak load 

22 reduction, electric reliability, integration of 

23 renewable resources, and the environment. 

24 ‘‘(iv) REQUIREMENTS.—In carrying 

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1 quire that grid-enabled water heaters be 

2 equipped with communication capability to 

3 enable the grid-enabled water heaters to 

4 participate in ancillary services programs if 

5 the Secretary determines that the tech6 nology is available, practical, and cost-ef7 fective.’’; 

8 (2) in section 332(a) (42 U.S.C. 6302(a))— 

9 (A) in paragraph (5), by striking ‘‘or’’ at 

10 the end; 

11 (B) in the first paragraph (6), by striking 

12 the period at the end and inserting a semicolon; 

13 (C) by redesignating the second paragraph 

14 (6) as paragraph (7); 

15 (D) in subparagraph (B) of paragraph (7) 

16 (as so redesignated), by striking the period at 

17 the end and inserting ‘‘; or’’; and 

18 (E) by adding at the end the following: 

19 ‘‘(8) for any person to— 

20 ‘‘(A) activate an activation lock for a grid21 enabled water heater with knowledge that such 

22 water heater is not used as part of an electric 

23 thermal storage or demand response program; 

24 ‘‘(B) distribute an activation key for a 

25 grid-enabled water heater with knowledge that 


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1 such activation key will be used to activate a 

2 grid-enabled water heater that is not used as 

3 part of an electric thermal storage or demand 

4 response program; 

5 ‘‘(C) otherwise enable a grid-enabled water 

6 heater to operate at its designed specification 

7 and capabilities with knowledge that such water 

8 heater is not used as part of an electric thermal 

9 storage or demand response program; or 

10 ‘‘(D) knowingly remove or render illegible 

11 the label of a grid-enabled water heater de12 scribed in section 325(e)(6)(A)(ii)(V).’’; 

13 (3) in section 333(a) (42 U.S.C. 6303(a))— 

14 (A) by striking ‘‘section 332(a)(5)’’ and in15 serting ‘‘paragraph (5), (6), (7), or (8) of sec16 tion 332(a)’’; and 

17 (B) by striking ‘‘paragraph (1), (2), or (5) 

18 of section 332(a)’’ and inserting ‘‘paragraph 

19 (1), (2), (5), (6), (7), or (8) of section 332(a)’’; 

20 and 

21 (4) in section 334 (42 U.S.C. 6304)— 

22 (A) by striking ‘‘section 332(a)(5)’’ and in23 serting ‘‘paragraph (5), (6), (7), or (8) of sec24 tion 332(a)’’; and 


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1 (B) by striking ‘‘section 332(a)(6)’’ and in2 serting ‘‘section 332(a)(7)’’. 

3 TITLE III—ENERGY EFFICIENT 

4 GOVERNMENT TECHNOLOGY 

5 SEC. 301. SHORT TITLE. 

6 This title may be cited as the ‘‘Energy Efficient Gov7 ernment Technology Act’’. 

8 SEC. 302. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR9 MATION TECHNOLOGIES. 

10 Subtitle C of title V of the Energy Independence and 

11 Security Act of 2007 (Public Law 110–140; 121 Stat. 

12 1661) is amended by adding at the end the following: 

13 ‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR14 MATION TECHNOLOGIES. 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

17 the Director of the Office of Management and Budg18 et. 

19 ‘‘(2) INFORMATION TECHNOLOGY.—The term 

20 ‘information technology’ has the meaning given that 

21 term in section 11101 of title 40, United States 

22 Code. 

23 ‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT24 EGY.—Not later than 1 year after the date of enactment 

25 of this section, each Federal agency shall coordinate with 


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1 the Director, the Secretary, and the Administrator of the 

2 Environmental Protection Agency to develop an implemen3 tation strategy (that includes best practices and measure4 ment and verification techniques) for the maintenance, 

5 purchase, and use by the Federal agency of energy-effi6 cient and energy-saving information technologies, taking 

7 into consideration the performance goals established under 

8 subsection (d). 

9 ‘‘(c) ADMINISTRATION.—In developing an implemen10 tation strategy under subsection (b), each Federal agency 

11 shall consider— 

12 ‘‘(1) advanced metering infrastructure; 

13 ‘‘(2) energy-efficient data center strategies and 

14 methods of increasing asset and infrastructure utili15 zation; 

16 ‘‘(3) advanced power management tools; 

17 ‘‘(4) building information modeling, including 

18 building energy management; 

19 ‘‘(5) secure telework and travel substitution 

20 tools; and 

21 ‘‘(6) mechanisms to ensure that the agency re22 alizes the energy cost savings brought about through 

23 increased efficiency and utilization. 

24 ‘‘(d) PERFORMANCE GOALS.— 


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1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this section, the Di3 rector, in consultation with the Secretary, shall es4 tablish performance goals for evaluating the efforts 

5 of Federal agencies in improving the maintenance, 

6 purchase, and use of energy-efficient and energy-sav7 ing information technology. 

8 ‘‘(2) BEST PRACTICES.—The Chief Information 

9 Officers Council established under section 3603 of 

10 title 44, United States Code, shall recommend best 

11 practices for the attainment of the performance 

12 goals, which shall include Federal agency consider13 ation of the use of— 

14 ‘‘(A) energy savings performance con15 tracting; and 

16 ‘‘(B) utility energy services contracting. 

17 ‘‘(e) REPORTS.— 

18 ‘‘(1) AGENCY REPORTS.—Each Federal agency 

19 shall include in the report of the agency under sec20 tion 527 a description of the efforts and results of 

21 the agency under this section. 

22 ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS

23 AND SCORECARDS.—Effective beginning not later 

24 than October 1, 2015, the Director shall include in 

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1 quired under section 528 a description of the efforts 

2 and results of Federal agencies under this section.’’. 

3 SEC. 303. ENERGY EFFICIENT DATA CENTERS. 

4 Section 453 of the Energy Independence and Security 

5 Act of 2007 (42 U.S.C. 17112) is amended— 

6 (1) by striking subsection (b)(3); and 

7 (2) by striking subsections (c) through (g) and 

8 inserting the following: 

9 ‘‘(c) STAKEHOLDER INVOLVEMENT.—The Secretary 

10 and the Administrator shall carry out subsection (b) in 

11 collaboration with information technology industry and 

12 other key stakeholders, with the goal of producing results 

13 that accurately reflect the best knowledge in the most per14 tinent domains. In such collaboration, the Secretary and 

15 the Administrator shall pay particular attention to organi16 zations that— 

17 ‘‘(1) have members with expertise in energy ef18 ficiency and in the development, operation, and 

19 functionality of data centers, information technology 

20 equipment, and software, such as representatives of 

21 hardware manufacturers, data center operators, and 

22 facility managers; 

23 ‘‘(2) obtain and address input from Department 

24 of Energy National Laboratories or any college, uni25 versity, research institution, industry association, 


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1 company, or public interest group with applicable ex2 pertise; 

3 ‘‘(3) follow— 

4 ‘‘(A) commonly accepted procedures for 

5 the development of specifications; and 

6 ‘‘(B) accredited standards development 

7 processes; and 

8 ‘‘(4) have a mission to promote energy effi9 ciency for data centers and information technology. 

10 ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—The 

11 Secretary and the Administrator shall consider and assess 

12 the adequacy of the specifications, measurements, and 

13 benchmarks described in subsection (b) for use by the 

14 Federal Energy Management Program, the Energy Star 

15 Program, and other efficiency programs of the Depart16 ment of Energy or the Environmental Protection Agency. 

17 ‘‘(e) STUDY.—The Secretary, in collaboration with 

18 the Administrator, shall, not later than 18 months after 

19 the date of enactment of the Energy Efficient Government 

20 Technology Act, make available to the public an update 

21 to the Report to Congress on Server and Data Center En22 ergy Efficiency published on August 2, 2007, under sec23 tion 1 of Public Law 109–431 (120 Stat. 2920), that pro24 vides— 


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1 ‘‘(1) a comparison and gap analysis of the esti2 mates and projections contained in the original re3 port with new data regarding the period from 2007 

4 through 2014; 

5 ‘‘(2) an analysis considering the impact of in6 formation technologies, to include virtualization and 

7 cloud computing, in the public and private sectors; 

8 ‘‘(3) an evaluation of the impact of the com9 bination of cloud platforms, mobile devices, social 

10 media, and big data on data center energy usage; 

11 and 

12 ‘‘(4) updated projections and recommendations 

13 for best practices through fiscal year 2020. 

14 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO15 GRAM.—The Secretary, in collaboration with key stake16 holders and the Director of the Office of Management and 

17 Budget, shall maintain a data center energy practitioner 

18 program that leads to the certification of energy practi19 tioners qualified to evaluate the energy usage and effi20 ciency opportunities in Federal data centers. Each Federal 

21 agency shall consider having the data centers of the agen22 cy evaluated every 4 years by energy practitioners certified 

23 pursuant to such program, whenever practicable using cer24 tified practitioners employed by the agency. 


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1 ‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col2 laboration with key stakeholders and the Office of Man3 agement and Budget, shall establish an open data initia4 tive for Federal data center energy usage data, with the 

5 purpose of making such data available and accessible in 

6 a manner that encourages further data center innovation, 

7 optimization, and consolidation. In establishing the initia8 tive, the Secretary shall consider the use of the online 

9 Data Center Maturity Model. 

10 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND

11 METRICS.—The Secretary, in collaboration with key 

12 stakeholders, shall actively participate in efforts to har13 monize global specifications and metrics for data center 

14 energy efficiency. 

15 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec16 retary, in collaboration with key stakeholders, shall facili17 tate in the development of an efficiency metric that meas18 ures the energy efficiency of a data center (including 

19 equipment and facilities). 

20 ‘‘(j) PROTECTION OF PROPRIETARY INFORMATION.— 

21 The Secretary and the Administrator shall not disclose 

22 any proprietary information or trade secrets provided by 

23 any individual or company for the purposes of carrying 

24 out this section or the programs and initiatives established 

25 under this section.’’. 


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1 TITLE IV—ENERGY INFORMA2 TION FOR COMMERCIAL 

3 BUILDINGS 

4 SEC. 401. ENERGY INFORMATION FOR COMMERCIAL BUILD5 INGS. 

6 (a) REQUIREMENT OF BENCHMARKING AND DISCLO7 SURE FOR LEASING BUILDINGS WITHOUT ENERGY STAR

8 LABELS.—Section 435(b)(2) of the Energy Independence 

9 and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is 

10 amended— 

11 (1) by striking ‘‘paragraph (2)’’ and inserting 

12 ‘‘paragraph (1)’’; and 

13 (2) by striking ‘‘signing the contract,’’ and all 

14 that follows through the period at the end and in15 serting the following: 

16 ‘‘signing the contract, the following requirements are 

17 met: 

18 ‘‘(A) The space is renovated for all energy 

19 efficiency and conservation improvements that 

20 would be cost effective over the life of the lease, 

21 including improvements in lighting, windows, 

22 and heating, ventilation, and air conditioning 

23 systems. 

24 ‘‘(B)(i) Subject to clause (ii), the space is 

25 benchmarked under a nationally recognized, onVerDate Mar 15 2010 22:36 Mar 06, 2014 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2126.RFS H2126

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1 line, free benchmarking program, with public 

2 disclosure, unless the space is a space for which 

3 owners cannot access whole building utility con4 sumption data, including spaces— 

5 ‘‘(I) that are located in States with 

6 privacy laws that provide that utilities shall 

7 not provide such aggregated information to 

8 multitenant building owners; and 

9 ‘‘(II) for which tenants do not provide 

10 energy consumption information to the 

11 commercial building owner in response to a 

12 request from the building owner. 

13 ‘‘(ii) A Federal agency that is a tenant of 

14 the space shall provide to the building owner, or 

15 authorize the owner to obtain from the utility, 

16 the energy consumption information of the 

17 space for the benchmarking and disclosure re18 quired by this subparagraph.’’. 

19 (b) STUDY.— 

20 (1) IN GENERAL.—Not later than 2 years after 

21 the date of enactment of this Act, the Secretary of 

22 Energy, in collaboration with the Administrator of 

23 the Environmental Protection Agency, shall complete 

24 a study— 

25 (A) on the impact of— 


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1 (i) State and local performance 

2 benchmarking and disclosure policies, and 

3 any associated building efficiency policies, 

4 for commercial and multifamily buildings; 

5 and 

6 (ii) programs and systems in which 

7 utilities provide aggregated information re8 garding whole building energy consumption 

9 and usage information to owners of multi10 tenant commercial, residential, and mixed11 use buildings; 

12 (B) that identifies best practice policy ap13 proaches studied under subparagraph (A) that 

14 have resulted in the greatest improvements in 

15 building energy efficiency; and 

16 (C) that considers— 

17 (i) compliance rates and the benefits 

18 and costs of the policies and programs on 

19 building owners, utilities, tenants, and 

20 other parties; 

21 (ii) utility practices, programs, and 

22 systems that provide aggregated energy 

23 consumption information to multitenant 

24 building owners, and the impact of public 


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1 utility commissions and State privacy laws 

2 on those practices, programs, and systems; 

3 (iii) exceptions to compliance in exist4 ing laws where building owners are not 

5 able to gather or access whole building en6 ergy information from tenants or utilities; 

7 (iv) the treatment of buildings with— 

8 (I) multiple uses; 

9 (II) uses for which baseline infor10 mation is not available; and 

11 (III) uses that require high levels 

12 of energy intensities, such as data 

13 centers, trading floors, and televisions 

14 studios; 

15 (v) implementation practices, includ16 ing disclosure methods and phase-in of 

17 compliance; 

18 (vi) the safety and security of 

19 benchmarking tools offered by government 

20 agencies, and the resiliency of those tools 

21 against cyber-attacks; and 

22 (vii) international experiences with re23 gard to building benchmarking and disclo24 sure laws and data aggregation for multi25 tenant buildings. 


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1 (2) SUBMISSION TO CONGRESS.—At the conclu2 sion of the study, the Secretary shall submit to the 

3 Committee on Energy and Commerce of the House 

4 of Representatives and Committee on Energy and 

5 Natural Resources of the Senate a report on the re6 sults of the study. 

7 (c) CREATION AND MAINTENANCE OF DATABASE.— 

8 (1) IN GENERAL.—Not later than 18 months 

9 after the date of enactment of this Act and following 

10 opportunity for public notice and comment, the Sec11 retary of Energy, in coordination with other relevant 

12 agencies, shall maintain, and if necessary create, a 

13 database for the purpose of storing and making 

14 available public energy-related information on com15 mercial and multifamily buildings, including— 

16 (A) data provided under Federal, State, 

17 local, and other laws or programs regarding 

18 building benchmarking and energy information 

19 disclosure; 

20 (B) information on buildings that have dis21 closed energy ratings and certifications; and 

22 (C) energy-related information on buildings 

23 provided voluntarily by the owners of the build24 ings, only in an anonymous form unless the 

25 owner provides otherwise. 


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1 (2) COMPLEMENTARY PROGRAMS.—The data2 base maintained pursuant to paragraph (1) shall 

3 complement and not duplicate the functions of the 

4 Environmental Protection Agency’s Energy Star 

5 Portfolio Manager tool. 

6 (d) INPUT FROM STAKEHOLDERS.—The Secretary of 

7 Energy shall seek input from stakeholders to maximize the 

8 effectiveness of the actions taken under this section. 

9 (e) REPORT.—Not later than 2 years after the date 

10 of enactment of this Act, and every 2 years thereafter, 

11 the Secretary of Energy shall submit to the Committee 

12 on Energy and Commerce of the House of Representatives 

13 and Committee on Energy and Natural Resources of the 

14 Senate a report on the progress made in complying with 

15 this section. 

Passed the House of Representatives March 5, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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