II 

114TH CONGRESS 

1ST SESSION S. 128 

To promote energy efficiency, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 8, 2015 

Mr. PORTMAN (for himself and Mrs. SHAHEEN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy Efficiency Im5 provement Act of 2015’’. 

6 TITLE I—BETTER BUILDINGS 

7 SEC. 101. SHORT TITLE. 

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

9 of 2015’’. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 128 IS

1 SEC. 102. ENERGY EFFICIENCY IN FEDERAL AND OTHER 

2 BUILDINGS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of General Serv6 ices. 

7 (2) COST-EFFECTIVE ENERGY EFFICIENCY

8 MEASURE.—The term ‘‘cost-effective energy effi9 ciency measure’’ means any building product, mate10 rial, equipment, or service, and the installing, imple11 menting, or operating thereof, that provides energy 

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

13 of such installing, implementing, or operating. 

14 (3) COST-EFFECTIVE WATER EFFICIENCY

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

16 measure’’ means any building product, material, 

17 equipment, or service, and the installing, imple18 menting, or operating thereof, that provides water 

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

20 of such installing, implementing, or operating. 

21 (b) MODEL PROVISIONS, POLICIES, AND BEST PRAC22 TICES.— 

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

24 after the date of enactment of this Act, the Adminis25 trator, in consultation with the Secretary of Energy 

26 and after providing the public with an opportunity 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•S 128 IS

1 for notice and comment, shall develop model com2 mercial leasing provisions and best practices in ac3 cordance with this subsection. 

4 (2) COMMERCIAL LEASING.— 

5 (A) IN GENERAL.—The model commercial 

6 leasing provisions developed under this sub7 section shall, at a minimum, align the interests 

8 of building owners and tenants with regard to 

9 investments in cost-effective energy efficiency 

10 measures and cost-effective water efficiency 

11 measures to encourage building owners and ten12 ants to collaborate to invest in such measures. 

13 (B) USE OF MODEL PROVISIONS.—The 

14 Administrator may use the model commercial 

15 leasing provisions developed under this sub16 section in any standard leasing document that 

17 designates a Federal agency (or other client of 

18 the Administrator) as a landlord or tenant. 

19 (C) PUBLICATION.—The Administrator 

20 shall periodically publish the model commercial 

21 leasing provisions developed under this sub22 section, along with explanatory materials, to en23 courage building owners and tenants in the pri24 vate sector to use such provisions and mate25 rials. 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•S 128 IS

1 (3) REALTY SERVICES.—The Administrator 

2 shall develop policies and practices to implement 

3 cost-effective energy efficiency measures and cost-ef4 fective water efficiency measures for the realty serv5 ices provided by the Administrator to Federal agen6 cies (or other clients of the Administrator), including 

7 periodic training of appropriate Federal employees 

8 and contractors on how to identify and evaluate 

9 those measures. 

10 (4) STATE AND LOCAL ASSISTANCE.—The Ad11 ministrator, in consultation with the Secretary of 

12 Energy, shall make available model commercial leas13 ing provisions and best practices developed under 

14 this subsection to State, county, and municipal gov15 ernments for use in managing owned and leased 

16 building space in accordance with the goal of encour17 aging investment in all cost-effective energy effi18 ciency measures and cost-effective water efficiency 

19 measures. 

20 SEC. 103. SEPARATE SPACES WITH HIGH-PERFORMANCE 

21 ENERGY EFFICIENCY MEASURES. 

22 (a) IN GENERAL.—Subtitle B of title IV of the En23 ergy Independence and Security Act of 2007 (42 U.S.C. 

24 17081 et seq.) is amended by adding at the end the fol25 lowing: 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•S 128 IS

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

2 ENERGY EFFICIENCY MEASURES. 

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

4 ‘‘(1) HIGH-PERFORMANCE ENERGY EFFICIENCY

5 MEASURE.—The term ‘high-performance energy effi6 ciency measure’ means a technology, product, or 

7 practice that will result in substantial operational 

8 cost savings by reducing energy consumption and 

9 utility costs. 

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

11 spaces’ means areas within a commercial building 

12 that are leased or otherwise occupied by a tenant or 

13 other occupant for a period of time pursuant to the 

14 terms of a written agreement. 

15 ‘‘(b) STUDY.— 

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

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

18 acting through the Assistant Secretary of Energy 

19 Efficiency and Renewable Energy, shall complete a 

20 study on the feasibility of— 

21 ‘‘(A) significantly improving energy effi22 ciency in commercial buildings through the de23 sign and construction, by owners and tenants, 

24 of separate spaces with high-performance en25 ergy efficiency measures; and 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•S 128 IS

1 ‘‘(B) encouraging owners and tenants to 

2 implement high-performance energy efficiency 

3 measures in separate spaces. 

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

5 include— 

6 ‘‘(A) descriptions of— 

7 ‘‘(i) high-performance energy effi8 ciency measures that should be considered 

9 as part of the initial design and construc10 tion of separate spaces; 

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

12 architects, and engineers may replicate 

13 when designing and constructing separate 

14 spaces with high-performance energy effi15 ciency measures; 

16 ‘‘(iii) policies and best practices to 

17 achieve reductions in energy intensities for 

18 lighting, plug loads, heating, cooling, cook19 ing, laundry, and other systems to satisfy 

20 the needs of the commercial building ten21 ant; 

22 ‘‘(iv) return on investment and pay23 back analyses of the incremental cost and 

24 projected energy savings of the proposed 

25 set of high-performance energy efficiency 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•S 128 IS

1 measures, including consideration of avail2 able incentives; 

3 ‘‘(v) models and simulation methods 

4 that predict the quantity of energy used by 

5 separate spaces with high-performance en6 ergy efficiency measures and that compare 

7 that predicted quantity to the quantity of 

8 energy used by separate spaces without 

9 high-performance energy efficiency meas10 ures but that otherwise comply with appli11 cable building code requirements; 

12 ‘‘(vi) measurement and verification 

13 platforms demonstrating actual energy use 

14 of high-performance energy efficiency 

15 measures installed in separate spaces, and 

16 whether such measures generate the sav17 ings intended in the initial design and con18 struction of the separate spaces; 

19 ‘‘(vii) best practices that encourage an 

20 integrated approach to designing and con21 structing separate spaces to perform at op22 timum energy efficiency in conjunction 

23 with the central systems of a commercial 

24 building; and 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•S 128 IS

1 ‘‘(viii) any impact on employment re2 sulting from the design and construction of 

3 separate spaces with high-performance en4 ergy efficiency measures; and 

5 ‘‘(B) case studies reporting economic and 

6 energy savings returns in the design and con7 struction of separate spaces with high-perform8 ance energy efficiency measures. 

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

10 90 days after the date of the enactment of this sec11 tion, the Secretary shall publish a notice in the Fed12 eral Register requesting public comments regarding 

13 effective methods, measures, and practices for the 

14 design and construction of separate spaces with 

15 high-performance energy efficiency measures. 

16 ‘‘(4) PUBLICATION.—The Secretary shall pub17 lish the study on the website of the Department of 

18 Energy.’’. 

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

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

21 Act of 2007 is amended by inserting after the item relat22 ing to section 423 the following new item: 

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

23 SEC. 104. TENANT STAR PROGRAM. 

24 (a) IN GENERAL.—Subtitle B of title IV of the En25 ergy Independence and Security Act of 2007 (42 U.S.C. 


smartinez on DSK4TPTVN1PROD with BILLS
9 

•S 128 IS

1 17081 et seq.) (as amended by section 103) is amended 

2 by adding at the end the following: 

3 ‘‘SEC. 425. TENANT STAR PROGRAM. 

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

5 ‘‘(1) HIGH-PERFORMANCE ENERGY EFFICIENCY

6 MEASURE.—The term ‘high-performance energy effi7 ciency measure’ has the meaning given the term in 

8 section 424. 

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

10 spaces’ has the meaning given the term in section 

11 424. 

12 ‘‘(b) TENANT STAR.—The Administrator of the Envi13 ronmental Protection Agency, in consultation with the 

14 Secretary of Energy, shall develop a voluntary program 

15 within the Energy Star program established by section 

16 324A of the Energy Policy and Conservation Act (42 

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

18 promote energy efficiency in separate spaces leased by ten19 ants or otherwise occupied within commercial buildings. 

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

21 Energy, acting through the Administrator of the Energy 

22 Information Administration, shall— 

23 ‘‘(1) collect, through each Commercial Build24 ings Energy Consumption Survey of the Energy InVerDate Sep 11 2014 07:08 Jan 15, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128

smartinez on DSK4TPTVN1PROD with BILLS
10 

•S 128 IS

1 formation Administration that is conducted after the 

2 date of enactment of this section, data on— 

3 ‘‘(A) categories of building occupancy that 

4 are known to consume significant quantities of 

5 energy, such as occupancy by data centers, 

6 trading floors, and restaurants; and 

7 ‘‘(B) other aspects of the property, build8 ing operation, or building occupancy determined 

9 by the Administrator of the Energy Information 

10 Administration, in consultation with the Admin11 istrator of the Environmental Protection Agen12 cy, to be relevant in lowering energy consump13 tion; 

14 ‘‘(2) with respect to the first Commercial Build15 ings Energy Consumption Survey conducted after 

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

17 full compliance with the requirements of paragraph 

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

19 capability to collect such data and begin to collect 

20 such data; and 

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

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

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

24 the Administrator of the Environmental Protection 

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


smartinez on DSK4TPTVN1PROD with BILLS
11 

•S 128 IS

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

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

3 later than 1 year after the date on which sufficient 

4 data is received pursuant to subsection (c), the Ad5 ministrator of the Environmental Protection Agency 

6 shall, following an opportunity for public notice and 

7 comment— 

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

9 Star rating system for commercial buildings, 

10 develop policies and procedures to recognize 

11 tenants in commercial buildings that voluntarily 

12 achieve high levels of energy efficiency in sepa13 rate spaces; 

14 ‘‘(B) establish building occupancy cat15 egories eligible for Tenant Star recognition 

16 based on the data collected under subsection (c) 

17 and any other appropriate data sources; and 

18 ‘‘(C) consider other forms of recognition 

19 for commercial building tenants or other occu20 pants that lower energy consumption in sepa21 rate spaces. 

22 ‘‘(2) DESIGN- AND CONSTRUCTION-BASED REC23 OGNITION.—After the study required by section 

24 424(b) is completed, the Administrator of the Envi25 ronmental Protection Agency, in consultation with 


smartinez on DSK4TPTVN1PROD with BILLS
12 

•S 128 IS

1 the Secretary and following an opportunity for pub2 lic notice and comment, may develop a voluntary 

3 program to recognize commercial building owners 

4 and tenants that use high-performance energy effi5 ciency measures in the design and construction of 

6 separate spaces.’’. 

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

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

9 Act of 2007 is amended by inserting after the item relat10 ing to section 424 (as added by section 103(b)) the fol11 lowing new item: 

‘‘Sec. 425. Tenant Star program.’’. 

12 TITLE II—GRID-ENABLED WATER 

13 HEATERS 

14 SEC. 201. GRID-ENABLED WATER HEATERS. 

15 Part B of title III of the Energy Policy and Conserva16 tion Act is amended— 

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

18 adding at the end the following: 

19 ‘‘(6) ADDITIONAL STANDARDS FOR GRID-EN20 ABLED WATER HEATERS.— 

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

22 ‘‘(i) ACTIVATION LOCK.—The term 

23 ‘activation lock’ means a control mecha24 nism (either a physical device directly on 

25 the water heater or a control system inteVerDate Sep 11 2014 07:08 Jan 15, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128

smartinez on DSK4TPTVN1PROD with BILLS
13 

•S 128 IS

1 grated into the water heater) that is locked 

2 by default and contains a physical, soft3 ware, or digital communication that must 

4 be activated with an activation key to en5 able the product to operate at its designed 

6 specifications and capabilities and without 

7 which activation the product will provide 

8 not greater than 50 percent of the rated 

9 first hour delivery of hot water certified by 

10 the manufacturer. 

11 ‘‘(ii) GRID-ENABLED WATER HEAT12 ER.—The term ‘grid-enabled water heater’ 

13 means an electric resistance water heater 

14 that— 

15 ‘‘(I) has a rated storage tank vol16 ume of more than 75 gallons; 

17 ‘‘(II) is manufactured on or after 

18 April 16, 2015; 

19 ‘‘(III) has— 

20 ‘‘(aa) an energy factor of 

21 not less than 1.061 minus the 

22 product obtained by multi23 plying— 


smartinez on DSK4TPTVN1PROD with BILLS
14 

•S 128 IS

1 ‘‘(AA) the rated storage 

2 volume of the tank, ex3 pressed in gallons; and 

4 ‘‘(BB) 0.00168; or 

5 ‘‘(bb) an equivalent alter6 native standard prescribed by the 

7 Secretary and developed pursu8 ant to paragraph (5)(E); 

9 ‘‘(IV) is equipped at the point of 

10 manufacture with an activation lock; 

11 and 

12 ‘‘(V) bears a permanent label ap13 plied by the manufacturer that— 

14 ‘‘(aa) is made of material 

15 not adversely affected by water; 

16 ‘‘(bb) is attached by means 

17 of non-water-soluble adhesive; 

18 and 

19 ‘‘(cc) advises purchasers and 

20 end-users of the intended and ap21 propriate use of the product with 

22 the following notice printed in 

23 16.5 point Arial Narrow Bold 

24 font: 


smartinez on DSK4TPTVN1PROD with BILLS
15 

•S 128 IS

1 ‘‘ ‘IMPORTANT INFORMATION: This water heater is 

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

3 or demand response program. It will not provide adequate 

4 hot water unless enrolled in such a program and activated 

5 by your utility company or another program operator. 

6 Confirm the availability of a program in your local area 

7 before purchasing or installing this product.’. 

8 ‘‘(B) REQUIREMENT.—The manufacturer 

9 or private labeler shall provide the activation 

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

11 utility or other company that operates an elec12 tric thermal storage or demand response pro13 gram that uses such a grid-enabled water heat14 er. 

15 ‘‘(C) REPORTS.— 

16 ‘‘(i) MANUFACTURERS.—The Sec17 retary shall require each manufacturer of 

18 grid-enabled water heaters to report to the 

19 Secretary annually the quantity of grid-en20 abled water heaters that the manufacturer 

21 ships each year. 

22 ‘‘(ii) OPERATORS.—The Secretary 

23 shall require utilities and other demand re24 sponse and thermal storage program oper25 ators to report annually the quantity of 


smartinez on DSK4TPTVN1PROD with BILLS
16 

•S 128 IS

1 grid-enabled water heaters activated for 

2 their programs using forms of the Energy 

3 Information Agency or using such other 

4 mechanism that the Secretary determines 

5 appropriate after an opportunity for notice 

6 and comment. 

7 ‘‘(iii) CONFIDENTIALITY REQUIRE8 MENTS.—The Secretary shall treat ship9 ment data reported by manufacturers as 

10 confidential business information. 

11 ‘‘(D) PUBLICATION OF INFORMATION.— 

12 ‘‘(i) IN GENERAL.—In 2017 and 

13 2019, the Secretary shall publish an anal14 ysis of the data collected under subpara15 graph (C) to assess the extent to which 

16 shipped products are put into use in de17 mand response and thermal storage pro18 grams. 

19 ‘‘(ii) PREVENTION OF PRODUCT DI20 VERSION.—If the Secretary determines 

21 that sales of grid-enabled water heaters ex22 ceed by 15 percent or greater the quantity 

23 of such products activated for use in de24 mand response and thermal storage pro25 grams annually, the Secretary shall, after 


smartinez on DSK4TPTVN1PROD with BILLS
17 

•S 128 IS

1 opportunity for notice and comment, estab2 lish procedures to prevent product diver3 sion for non-program purposes. 

4 ‘‘(E) COMPLIANCE.— 

5 ‘‘(i) IN GENERAL.—Subparagraphs 

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

7 until the Secretary determines under this 

8 section that— 

9 ‘‘(I) grid-enabled water heaters 

10 do not require a separate efficiency 

11 requirement; or 

12 ‘‘(II) sales of grid-enabled water 

13 heaters exceed by 15 percent or great14 er the quantity of such products acti15 vated for use in demand response and 

16 thermal storage programs annually 

17 and procedures to prevent product di18 version for non-program purposes 

19 would not be adequate to prevent such 

20 product diversion. 

21 ‘‘(ii) EFFECTIVE DATE.—If the Sec22 retary exercises the authority described in 

23 clause (i) or amends the efficiency require24 ment for grid-enabled water heaters, that 


smartinez on DSK4TPTVN1PROD with BILLS
18 

•S 128 IS

1 action will take effect on the date de2 scribed in subsection (m)(4)(A)(ii). 

3 ‘‘(iii) CONSIDERATION.—In carrying 

4 out this section with respect to electric 

5 water heaters, the Secretary shall consider 

6 the impact on thermal storage and demand 

7 response programs, including any impact 

8 on energy savings, electric bills, peak load 

9 reduction, electric reliability, integration of 

10 renewable resources, and the environment. 

11 ‘‘(iv) REQUIREMENTS.—In carrying 

12 out this paragraph, the Secretary shall re13 quire that grid-enabled water heaters be 

14 equipped with communication capability to 

15 enable the grid-enabled water heaters to 

16 participate in ancillary services programs if 

17 the Secretary determines that the tech18 nology is available, practical, and cost-ef19 fective.’’; 

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

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

22 the end; 

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

24 the period at the end and inserting a semicolon; 


smartinez on DSK4TPTVN1PROD with BILLS
19 

•S 128 IS

1 (C) by redesignating the second paragraph 

2 (6) as paragraph (7); 

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

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

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

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

7 ‘‘(8) for any person— 

8 ‘‘(A) to activate an activation lock for a 

9 grid-enabled water heater with knowledge that 

10 such water heater is not used as part of an 

11 electric thermal storage or demand response 

12 program; 

13 ‘‘(B) to distribute an activation key for a 

14 grid-enabled water heater with knowledge that 

15 such activation key will be used to activate a 

16 grid-enabled water heater that is not used as 

17 part of an electric thermal storage or demand 

18 response program; 

19 ‘‘(C) to otherwise enable a grid-enabled 

20 water heater to operate at its designed speci21 fication and capabilities with knowledge that 

22 such water heater is not used as part of an 

23 electric thermal storage or demand response 

24 program; or 


smartinez on DSK4TPTVN1PROD with BILLS
20 

•S 128 IS

1 ‘‘(D) to knowingly remove or render illegi2 ble the label of a grid-enabled water heater de3 scribed in section 325(e)(6)(A)(ii)(V).’’; 

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

5 (A) by striking ‘‘section 332(a)(5)’’ and in6 serting ‘‘paragraph (5), (6), (7), or (8) of sec7 tion 332(a)’’; and 

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

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

10 (1), (2), (5), (6), (7), or (8) of section 332(a)’’; 

11 and 

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

13 (A) by striking ‘‘section 332(a)(5)’’ and in14 serting ‘‘paragraph (5), (6), (7), or (8) of sec15 tion 332(a)’’; and 

16 (B) by striking ‘‘section 332(a)(6)’’ and in17 serting ‘‘section 332(a)(7)’’. 

18 TITLE III—ENERGY EFFICIENT 

19 GOVERNMENT TECHNOLOGY 

20 SEC. 301. SHORT TITLE. 

21 This title may be cited as the ‘‘Energy Efficient Gov22 ernment Technology Act’’. 


smartinez on DSK4TPTVN1PROD with BILLS
21 

•S 128 IS

1 SEC. 302. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR2 MATION TECHNOLOGIES. 

3 Subtitle C of title V of the Energy Independence and 

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

5 1661) is amended by adding at the end the following: 

6 ‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR7 MATION TECHNOLOGIES. 

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

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

10 the Director of the Office of Management and Budg11 et. 

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

13 ‘information technology’ has the meaning given that 

14 term in section 11101 of title 40, United States 

15 Code. 

16 ‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT17 EGY.—Not later than 1 year after the date of enactment 

18 of this section, each Federal agency shall coordinate with 

19 the Director, the Secretary, and the Administrator of the 

20 Environmental Protection Agency to develop an implemen21 tation strategy (that includes best practices and measure22 ment and verification techniques) for the maintenance, 

23 purchase, and use by the Federal agency of energy-effi24 cient and energy-saving information technologies, taking 

25 into consideration the performance goals established under 

26 subsection (d). 


smartinez on DSK4TPTVN1PROD with BILLS
22 

•S 128 IS

1 ‘‘(c) ADMINISTRATION.—In developing an implemen2 tation strategy under subsection (b), each Federal agency 

3 shall consider— 

4 ‘‘(1) advanced metering infrastructure; 

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

6 methods of increasing asset and infrastructure utili7 zation; 

8 ‘‘(3) advanced power management tools; 

9 ‘‘(4) building information modeling, including 

10 building energy management; 

11 ‘‘(5) secure telework and travel substitution 

12 tools; and 

13 ‘‘(6) mechanisms to ensure that the agency re14 alizes the energy cost savings brought about through 

15 increased efficiency and utilization. 

16 ‘‘(d) PERFORMANCE GOALS.— 

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

18 after the date of enactment of this section, the Di19 rector, in consultation with the Secretary, shall es20 tablish performance goals for evaluating the efforts 

21 of Federal agencies in improving the maintenance, 

22 purchase, and use of energy-efficient and energy-sav23 ing information technology. 

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

25 Officers Council established under section 3603 of 


smartinez on DSK4TPTVN1PROD with BILLS
23 

•S 128 IS

1 title 44, United States Code, shall recommend best 

2 practices for the attainment of the performance 

3 goals, which shall include Federal agency consider4 ation of the use of— 

5 ‘‘(A) energy savings performance con6 tracting; and 

7 ‘‘(B) utility energy services contracting. 

8 ‘‘(e) REPORTS.— 

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

10 shall include in the report of the agency under sec11 tion 527 a description of the efforts and results of 

12 the agency under this section. 

13 ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS

14 AND SCORECARDS.—Effective beginning not later 

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

16 the annual report and scorecard of the Director re17 quired under section 528 a description of the efforts 

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

19 SEC. 303. ENERGY EFFICIENT DATA CENTERS. 

20 Section 453 of the Energy Independence and Security 

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

22 (1) in subsection (b)— 

23 (A) in paragraph (2)(D)(iv), by striking 

24 ‘‘the organization’’ and inserting ‘‘an organiza25 tion’’; and 


smartinez on DSK4TPTVN1PROD with BILLS
24 

•S 128 IS

1 (B) by striking paragraph (3); and 

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

3 inserting the following: 

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

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

6 collaboration with the information technology industry and 

7 other key stakeholders, with the goal of producing results 

8 that accurately reflect the best knowledge in the most per9 tinent domains. In such collaboration, the Secretary and 

10 the Administrator shall pay particular attention to organi11 zations that— 

12 ‘‘(1) have members with expertise in energy ef13 ficiency and in the development, operation, and 

14 functionality of data centers, information technology 

15 equipment, and software, such as representatives of 

16 hardware manufacturers, data center operators, and 

17 facility managers; 

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

19 of Energy National Laboratories or any college, uni20 versity, research institution, industry association, 

21 company, or public interest group with applicable ex22 pertise; 

23 ‘‘(3) follow— 

24 ‘‘(A) commonly accepted procedures for 

25 the development of specifications; and 


smartinez on DSK4TPTVN1PROD with BILLS
25 

•S 128 IS

1 ‘‘(B) accredited standards development 

2 processes; and 

3 ‘‘(4) have a mission to promote energy effi4 ciency for data centers and information technology. 

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

6 Secretary and the Administrator shall consider and assess 

7 the adequacy of the specifications, measurements, and 

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

9 Federal Energy Management Program, the Energy Star 

10 Program, and other efficiency programs of the Depart11 ment of Energy or the Environmental Protection Agency. 

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

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

14 the date of enactment of the Energy Efficient Government 

15 Technology Act, make available to the public an update 

16 to the Report to Congress on Server and Data Center En17 ergy Efficiency published on August 2, 2007, under sec18 tion 1 of Public Law 109–431 (120 Stat. 2920), that pro19 vides— 

20 ‘‘(1) a comparison and gap analysis of the esti21 mates and projections contained in the original re22 port with new data regarding the period from 2007 

23 through 2014; 


smartinez on DSK4TPTVN1PROD with BILLS
26 

•S 128 IS

1 ‘‘(2) an analysis considering the impact of in2 formation technologies, to include virtualization and 

3 cloud computing, in the public and private sectors; 

4 ‘‘(3) an evaluation of the impact of the com5 bination of cloud platforms, mobile devices, social 

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

7 and 

8 ‘‘(4) updated projections and recommendations 

9 for best practices through fiscal year 2020. 

10 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO11 GRAM.—The Secretary, in collaboration with key stake12 holders and the Director of the Office of Management and 

13 Budget, shall maintain a data center energy practitioner 

14 program that leads to the certification of energy practi15 tioners qualified to evaluate the energy usage and effi16 ciency opportunities in Federal data centers. Each Federal 

17 agency shall consider having the data centers of the agen18 cy evaluated every 4 years by energy practitioners certified 

19 pursuant to such program, whenever practicable using cer20 tified practitioners employed by the agency. 

21 ‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col22 laboration with key stakeholders and the Office of Man23 agement and Budget, shall establish an open data initia24 tive for Federal data center energy usage data, with the 

25 purpose of making such data available and accessible in 


smartinez on DSK4TPTVN1PROD with BILLS
27 

•S 128 IS

1 a manner that encourages further data center innovation, 

2 optimization, and consolidation. In establishing the initia3 tive, the Secretary shall consider the use of the online 

4 Data Center Maturity Model. 

5 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND

6 METRICS.—The Secretary, in collaboration with key 

7 stakeholders, shall actively participate in efforts to har8 monize global specifications and metrics for data center 

9 energy efficiency. 

10 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec11 retary, in collaboration with key stakeholders, shall facili12 tate in the development of an efficiency metric that meas13 ures the energy efficiency of a data center (including 

14 equipment and facilities). 

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

16 The Secretary and the Administrator shall not disclose 

17 any proprietary information or trade secrets provided by 

18 any individual or company for the purposes of carrying 

19 out this section or the programs and initiatives established 

20 under this section.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
28 

•S 128 IS

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 Sep 11 2014 07:08 Jan 15, 2015 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128

smartinez on DSK4TPTVN1PROD with BILLS
29 

•S 128 IS

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— 


smartinez on DSK4TPTVN1PROD with BILLS
30 

•S 128 IS

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 


smartinez on DSK4TPTVN1PROD with BILLS
31 

•S 128 IS

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. 


smartinez on DSK4TPTVN1PROD with BILLS
32 

•S 128 IS

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. 


smartinez on DSK4TPTVN1PROD with BILLS
33 

•S 128 IS

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. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS