I 

114TH CONGRESS 

1ST SESSION H. R. 1802 

To promote energy efficiency. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2015 

Mr. MCKINLEY (for himself and Mr. WELCH) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To promote energy efficiency. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Energy Efficiency Improvement Act of 2015’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—BETTER BUILDINGS 

Sec. 101. Short title. 

Sec. 102. Energy efficiency in Federal and other buildings. 

Sec. 103. Separate spaces with high-performance energy efficiency measures. 

Sec. 104. Tenant Star program. 

TITLE II—GRID-ENABLED WATER HEATERS 


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Sec. 201. Grid-enabled water heaters. 

TITLE III—ENERGY INFORMATION FOR COMMERCIAL BUILDINGS 

Sec. 301. Energy information for commercial buildings. 

1 TITLE I—BETTER BUILDINGS 

2 SEC. 101. SHORT TITLE. 

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

4 of 2015’’. 

5 SEC. 102. ENERGY EFFICIENCY IN FEDERAL AND OTHER 

6 BUILDINGS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of General Serv10 ices. 

11 (2) COST-EFFECTIVE ENERGY EFFICIENCY

12 MEASURE.—The term ‘‘cost-effective energy effi13 ciency measure’’ means any building product, mate14 rial, equipment, or service, and the installing, imple15 menting, or operating thereof, that provides energy 

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

17 of such installing, implementing, or operating. 

18 (3) COST-EFFECTIVE WATER EFFICIENCY

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

20 measure’’ means any building product, material, 

21 equipment, or service, and the installing, imple22 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 

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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 103) is amended 

12 by 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 103(b)) the fol21 lowing 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 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— 

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

21 grid-enabled water heater with knowledge that 

22 such water heater is not used as part of an 

23 electric thermal storage or demand response 

24 program; 


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

2 grid-enabled water heater with knowledge that 

3 such activation key will be used to activate a 

4 grid-enabled water heater that is not used as 

5 part of an electric thermal storage or demand 

6 response program; 

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

8 water heater to operate at its designed speci9 fication and capabilities with knowledge that 

10 such water heater is not used as part of an 

11 electric thermal storage or demand response 

12 program; or 

13 ‘‘(D) to knowingly remove or render illegi14 ble the label of a grid-enabled water heater de15 scribed in section 325(e)(6)(A)(ii)(V).’’; 

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

17 (A) by striking ‘‘section 332(a)(5)’’ and in18 serting ‘‘paragraph (5), (6), (7), or (8) of sec19 tion 332(a)’’; and 

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

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

22 (1), (2), (5), (6), (7), or (8) of section 332(a)’’; 

23 and 

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


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1 (A) by striking ‘‘section 332(a)(5)’’ and in2 serting ‘‘paragraph (5), (6), (7), or (8) of sec3 tion 332(a)’’; and 

4 (B) by striking ‘‘section 332(a)(6)’’ and in5 serting ‘‘section 332(a)(7)’’. 

6 TITLE III—ENERGY INFORMA7 TION FOR COMMERCIAL 

8 BUILDINGS 

9 SEC. 301. ENERGY INFORMATION FOR COMMERCIAL BUILD10 INGS. 

11 (a) REQUIREMENT OF BENCHMARKING AND DISCLO12 SURE FOR LEASING BUILDINGS WITHOUT ENERGY STAR

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

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

15 amended— 

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

17 ‘‘paragraph (1)’’; and 

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

19 that follows through the period at the end and in20 serting the following: ‘‘signing the contract, the fol21 lowing requirements are met: 

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

23 efficiency and conservation improvements that 

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

25 including improvements in lighting, windows, 


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1 and heating, ventilation, and air conditioning 

2 systems. 

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

4 benchmarked under a nationally recognized, on5 line, free benchmarking program, with public 

6 disclosure, unless the space is a space for which 

7 owners cannot access whole building utility con8 sumption data, including spaces— 

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

10 privacy laws that provide that utilities shall 

11 not provide such aggregated information to 

12 multitenant building owners; and 

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

14 energy consumption information to the 

15 commercial building owner in response to a 

16 request from the building owner. 

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

18 the space shall provide to the building owner, or 

19 authorize the owner to obtain from the utility, 

20 the energy consumption information of the 

21 space for the benchmarking and disclosure re22 quired by this subparagraph.’’. 

23 (b) STUDY.— 

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

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


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1 Energy, in collaboration with the Administrator of 

2 the Environmental Protection Agency, shall complete 

3 a study— 

4 (A) on the impact of— 

5 (i) State and local performance 

6 benchmarking and disclosure policies, and 

7 any associated building efficiency policies, 

8 for commercial and multifamily buildings; 

9 and 

10 (ii) programs and systems in which 

11 utilities provide aggregated information re12 garding whole building energy consumption 

13 and usage information to owners of multi14 tenant commercial, residential, and mixed15 use buildings; 

16 (B) that identifies best practice policy ap17 proaches studied under subparagraph (A) that 

18 have resulted in the greatest improvements in 

19 building energy efficiency; and 

20 (C) that considers— 

21 (i) compliance rates and the benefits 

22 and costs of the policies and programs on 

23 building owners, utilities, tenants, and 

24 other parties; 


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1 (ii) utility practices, programs, and 

2 systems that provide aggregated energy 

3 consumption information to multitenant 

4 building owners, and the impact of public 

5 utility commissions and State privacy laws 

6 on those practices, programs, and systems; 

7 (iii) exceptions to compliance in exist8 ing laws where building owners are not 

9 able to gather or access whole building en10 ergy information from tenants or utilities; 

11 (iv) the treatment of buildings with— 

12 (I) multiple uses; 

13 (II) uses for which baseline infor14 mation is not available; and 

15 (III) uses that require high levels 

16 of energy intensities, such as data 

17 centers, trading floors, and television 

18 studios; 

19 (v) implementation practices, includ20 ing disclosure methods and phase-in of 

21 compliance; 

22 (vi) the safety and security of 

23 benchmarking tools offered by government 

24 agencies, and the resiliency of those tools 

25 against cyber attacks; and 


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1 (vii) international experiences with re2 gard to building benchmarking and disclo3 sure laws and data aggregation for multi4 tenant buildings. 

5 (2) SUBMISSION TO CONGRESS.—At the conclu6 sion of the study, the Secretary shall submit to the 

7 Committee on Energy and Commerce of the House 

8 of Representatives and the Committee on Energy 

9 and Natural Resources of the Senate a report on the 

10 results of the study. 

11 (c) CREATION AND MAINTENANCE OF DATABASE.— 

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

13 after the date of enactment of this Act and following 

14 opportunity for public notice and comment, the Sec15 retary of Energy, in coordination with other relevant 

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

17 database for the purpose of storing and making 

18 available public energy-related information on com19 mercial and multifamily buildings, including— 

20 (A) data provided under Federal, State, 

21 local, and other laws or programs regarding 

22 building benchmarking and energy information 

23 disclosure; 

24 (B) information on buildings that have dis25 closed energy ratings and certifications; and 


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1 (C) energy-related information on buildings 

2 provided voluntarily by the owners of the build3 ings, only in an anonymous form unless the 

4 owner provides otherwise. 

5 (2) COMPLEMENTARY PROGRAMS.—The data6 base maintained pursuant to paragraph (1) shall 

7 complement and not duplicate the functions of the 

8 Environmental Protection Agency’s Energy Star 

9 Portfolio Manager tool. 

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

11 Energy shall seek input from stakeholders to maximize the 

12 effectiveness of the actions taken under this section. 

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

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

15 the Secretary of Energy shall submit to the Committee 

16 on Energy and Commerce of the House of Representatives 

17 and the Committee on Energy and Natural Resources of 

18 the Senate a report on the progress made in complying 

19 with this section. 

Æ 


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