II 

113TH CONGRESS 

2D SESSION S. 2971 

To promote energy efficiency, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 3, 2014 

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

which was read twice and referred to the Committee on Energy and Natural Resources, and 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 2014’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. 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. 


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TITLE II—GRID-ENABLED WATER HEATERS 

Sec. 201. Grid-enabled water heaters. 

TITLE III—ENERGY EFFICIENT GOVERNMENT TECHNOLOGY 

Sec. 301. Short title. 

Sec. 302. Energy-efficient and energy-saving information technologies. 

Sec. 303. Energy efficient data centers. 

TITLE IV—ENERGY INFORMATION FOR COMMERCIAL BUILDINGS 

Sec. 401. 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 2014’’. 

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 of that building product, ma16 terial, equipment, or service, that provides energy 

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

18 of the installing, implementing, or operating. 

19 (3) COST-EFFECTIVE WATER EFFICIENCY

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


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1 measure’’ means any building product, material, 

2 equipment, or service, and the installing, imple3 menting, or operating of that building product, ma4 terial, equipment, or service, that provides water 

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

6 of the installing, implementing, or operating. 

7 (b) MODEL PROVISIONS, POLICIES, AND BEST PRAC8 TICES.— 

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

10 after the date of enactment of this Act, the Adminis11 trator, in consultation with the Secretary of Energy 

12 and after providing the public with an opportunity 

13 for notice and comment, shall develop model com14 mercial leasing provisions and best practices in ac15 cordance with this subsection. 

16 (2) COMMERCIAL LEASING.— 

17 (A) IN GENERAL.—The model commercial 

18 leasing provisions developed under this sub19 section shall align the interests of building own20 ers and tenants with regard to investments in 

21 cost-effective energy efficiency measures and 

22 cost-effective water efficiency measures to en23 courage building owners and tenants to collabo24 rate to invest in cost-effective energy efficiency 


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1 measures and cost-effective water efficiency 

2 measures. 

3 (B) USE OF MODEL PROVISIONS.—The 

4 Administrator may use the model commercial 

5 leasing provisions developed under this sub6 section in any standard leasing document that 

7 designates a Federal agency (or other client of 

8 the Administrator) as a landlord or tenant. 

9 (C) PUBLICATION.—The Administrator 

10 shall periodically publish the model commercial 

11 leasing provisions developed under this sub12 section, including explanatory materials, to en13 courage building owners and tenants in the pri14 vate sector to use the provisions and materials. 

15 (3) REALTY SERVICES.—The Administrator 

16 shall develop policies and practices to implement 

17 cost-effective energy efficiency measures and cost-ef18 fective water efficiency measures for the realty serv19 ices provided by the Administrator to Federal agen20 cies (or other clients of the Administrator), including 

21 periodic training of appropriate Federal employees 

22 and contractors on how to identify and evaluate 

23 those measures. 

24 (4) STATE AND LOCAL ASSISTANCE.—The Ad25 ministrator, in consultation with the Secretary of 


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1 Energy, shall make available model commercial leas2 ing provisions and best practices developed under 

3 this subsection to State, county, and municipal gov4 ernments for use in managing owned and leased 

5 building space in accordance with the goal of encour6 aging investment in all cost-effective energy effi7 ciency measures and cost-effective water efficiency 

8 measures. 

9 SEC. 103. SEPARATE SPACES WITH HIGH-PERFORMANCE 

10 ENERGY EFFICIENCY MEASURES. 

11 (a) IN GENERAL.—Subtitle B of title IV of the En12 ergy Independence and Security Act of 2007 (42 U.S.C. 

13 17081 et seq.) is amended by adding at the end the fol14 lowing: 

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

16 ENERGY EFFICIENCY MEASURES. 

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

18 ‘‘(1) HIGH-PERFORMANCE ENERGY EFFICIENCY

19 MEASURE.—The term ‘high-performance energy effi20 ciency measure’ means a technology, product, or 

21 practice that will result in substantial operational 

22 cost savings by reducing energy consumption and 

23 utility costs. 

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

25 spaces’ means areas within a commercial building 


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1 that are leased or otherwise occupied by a tenant or 

2 other occupant for a period of time pursuant to the 

3 terms of a written agreement. 

4 ‘‘(b) STUDY.— 

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

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

7 acting through the Assistant Secretary of Energy 

8 Efficiency and Renewable Energy, shall complete a 

9 study on the feasibility of— 

10 ‘‘(A) significantly improving energy effi11 ciency in commercial buildings through the de12 sign and construction, by owners and tenants, 

13 of separate spaces with high-performance en14 ergy efficiency measures; and 

15 ‘‘(B) encouraging owners and tenants to 

16 implement high-performance energy efficiency 

17 measures in separate spaces. 

18 ‘‘(2) SCOPE.—The study shall include— 

19 ‘‘(A) descriptions of— 

20 ‘‘(i) high-performance energy effi21 ciency measures that should be considered 

22 as part of the initial design and construc23 tion of separate spaces; 

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

25 architects, and engineers may replicate 


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1 when designing and constructing separate 

2 spaces with high-performance energy effi3 ciency measures; 

4 ‘‘(iii) policies and best practices to 

5 achieve reductions in energy intensities for 

6 lighting, plug loads, heating, cooling, cook7 ing, laundry, and other systems to satisfy 

8 the needs of the commercial building ten9 ant; 

10 ‘‘(iv) return on investment and pay11 back analyses of the incremental cost and 

12 projected energy savings of the proposed 

13 set of high-performance energy efficiency 

14 measures, including consideration of avail15 able incentives; 

16 ‘‘(v) models and simulation methods 

17 that predict the quantity of energy used by 

18 separate spaces with high-performance en19 ergy efficiency measures and that compare 

20 that predicted quantity to the quantity of 

21 energy used by separate spaces without 

22 high-performance energy efficiency meas23 ures but that otherwise comply with appli24 cable building code requirements; 


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1 ‘‘(vi) measurement and verification 

2 platforms demonstrating actual energy use 

3 of high-performance energy efficiency 

4 measures installed in separate spaces, and 

5 whether such measures generate the sav6 ings intended in the initial design and con7 struction of the separate spaces; 

8 ‘‘(vii) best practices that encourage an 

9 integrated approach to designing and con10 structing separate spaces to perform at op11 timum energy efficiency in conjunction 

12 with the central systems of a commercial 

13 building; and 

14 ‘‘(viii) any impact on employment re15 sulting from the design and construction of 

16 separate spaces with high-performance en17 ergy efficiency measures; and 

18 ‘‘(B) case studies reporting economic and 

19 energy savings returns in the design and con20 struction of separate spaces with high-perform21 ance energy efficiency measures. 

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

23 90 days after the date of enactment of this section, 

24 the Secretary shall publish a notice in the Federal 

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1 fective methods, measures, and practices for the de2 sign and construction of separate spaces with high3 performance energy efficiency measures. 

4 ‘‘(4) PUBLICATION.—The Secretary shall pub5 lish the study on the website of the Department of 

6 Energy.’’. 

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

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

9 Act of 2007 (42 U.S.C. 17001) is amended by inserting 

10 after the item relating to section 423 the following: 

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

11 SEC. 104. TENANT STAR PROGRAM. 

12 (a) IN GENERAL.—Subtitle B of title IV of the En13 ergy Independence and Security Act of 2007 (42 U.S.C. 

14 17081 et seq.) (as amended by section 103) is amended 

15 by adding at the end the following: 

16 ‘‘SEC. 425. TENANT STAR PROGRAM. 

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

18 ‘‘(1) HIGH-PERFORMANCE ENERGY EFFICIENCY

19 MEASURE.—The term ‘high-performance energy effi20 ciency measure’ has the meaning given the term in 

21 section 424. 

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

23 spaces’ has the meaning given the term in section 

24 424. 


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1 ‘‘(b) TENANT STAR.—The Administrator of the Envi2 ronmental Protection Agency, in consultation with the 

3 Secretary, shall develop a voluntary program within the 

4 Energy Star program established by section 324A of the 

5 Energy Policy and Conservation Act (42 U.S.C. 6294a), 

6 which may be known as ‘Tenant Star’, to promote energy 

7 efficiency in separate spaces leased by tenants or other8 wise occupied within commercial buildings. 

9 ‘‘(c) EXPANDING SURVEY DATA.—The Secretary, 

10 acting through the Administrator of the Energy Informa11 tion Administration, shall— 

12 ‘‘(1) collect, through each Commercial Build13 ings Energy Consumption Survey of the Energy In14 formation Administration that is conducted after the 

15 date of enactment of this section, data on— 

16 ‘‘(A) categories of building occupancy that 

17 are known to consume significant quantities of 

18 energy, such as occupancy by data centers, 

19 trading floors, and restaurants; and 

20 ‘‘(B) other aspects of the property, build21 ing operation, or building occupancy determined 

22 by the Administrator of the Energy Information 

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1 cy, to be relevant in lowering energy consump2 tion; 

3 ‘‘(2) with respect to the first Commercial Build4 ings Energy Consumption Survey conducted after 

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

6 full compliance with the requirements of paragraph 

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

8 capability to collect the data and begin to collect the 

9 data; and 

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

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

12 and provide the data, and any associated results, to 

13 the Administrator of the Environmental Protection 

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

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

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

17 later than 1 year after the date on which sufficient 

18 data is received pursuant to subsection (c), the Ad19 ministrator of the Environmental Protection Agency 

20 shall, following an opportunity for public notice and 

21 comment— 

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

23 Star rating system for commercial buildings, 

24 develop policies and procedures to recognize 

25 tenants in commercial buildings that voluntarily 


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1 achieve high levels of energy efficiency in sepa2 rate spaces; 

3 ‘‘(B) establish building occupancy cat4 egories eligible for Tenant Star recognition 

5 based on the data collected under subsection (c) 

6 and any other appropriate data sources; and 

7 ‘‘(C) consider other forms of recognition 

8 for commercial building tenants or other occu9 pants that lower energy consumption in sepa10 rate spaces. 

11 ‘‘(2) DESIGN- AND CONSTRUCTION-BASED REC12 OGNITION.—After the study required by section 

13 424(b) is completed, the Administrator of the Envi14 ronmental Protection Agency, in consultation with 

15 the Secretary and following an opportunity for pub16 lic notice and comment, may develop a voluntary 

17 program to recognize commercial building owners 

18 and tenants that use high-performance energy effi19 ciency measures in the design and construction of 

20 separate spaces.’’. 

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

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

23 Act of 2007 (42 U.S.C. 17001) is amended by inserting 

24 after the item relating to section 424 (as added by section 

25 103(b)) the following: 

‘‘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 (a) ENERGY CONSERVATION STANDARDS.—Section 

5 325(e) of the Energy Policy and Conservation Act (42 

6 U.S.C. 6295(e)) is amended by adding at the end the fol7 lowing: 

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 that is either a physical device di14 rectly on the water heater or a control sys15 tem integrated into the water heater that 

16 is locked by default and contains a phys17 ical, software, or digital communication 

18 that must be activated with an activation 

19 key to enable the product to operate at its 

20 designed specifications and capabilities and 

21 without which activation the product would 

22 provide not greater than 50 percent of the 

23 rated first hour delivery of hot water cer24 tified by 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 grid-enabled water heaters activated for 

13 use in demand response and thermal stor14 age programs annually, the Secretary 

15 shall, after opportunity for notice and com16 ment, establish procedures to prevent prod17 uct diversion for nonprogram 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 grid-enabled water 

4 heaters activated for use in demand 

5 response and thermal storage pro6 grams annually and procedures to 

7 prevent product diversion for nonpro8 gram purposes would not be adequate 

9 to prevent the 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 (b) PROHIBITED ACTS.—Section 332(a) of the En9 ergy Policy and Conservation Act (42 U.S.C. 6302(a)) is 

10 amended— 

11 (1) in paragraph (5), by striking ‘‘or’’ at the 

12 end; 

13 (2) in the first paragraph (6), by striking the 

14 period at the end and inserting a semicolon; 

15 (3) by redesignating the second paragraph (6) 

16 as paragraph (7); 

17 (4) in subparagraph (B) of paragraph (7) (as 

18 so redesignated), by striking the period at the end 

19 and inserting ‘‘; or’’; and 

20 (5) by adding at the end the following: 

21 ‘‘(8) for any person— 

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

23 grid-enabled water heater with knowledge that 

24 the grid-enabled water heater is not used as 


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1 part of an electric thermal storage or demand 

2 response program; 

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

4 grid-enabled water heater with knowledge that 

5 the activation key will be used to activate a 

6 grid-enabled water heater that is not used as 

7 part of an electric thermal storage or demand 

8 response program; 

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

10 water heater to operate at its designed speci11 fication and capabilities with knowledge that 

12 the grid-enabled water heater is not used as 

13 part of an electric thermal storage or demand 

14 response program; or 

15 ‘‘(D) to knowingly remove or render illegi16 ble the label of a grid-enabled water heater de17 scribed in section 325(e)(6)(A)(ii)(V).’’. 

18 (c) ENFORCEMENT.—Section 333(a) of the Energy 

19 Policy and Conservation Act (42 U.S.C. 6303(a)) is 

20 amended— 

21 (1) by striking ‘‘section 332(a)(5)’’ and insert22 ing ‘‘paragraph (5), (6), (7), or (8) of section 

23 332(a)’’; and 


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1 (2) by striking ‘‘paragraph (1), (2), or (5) of 

2 section 332(a)’’ and inserting ‘‘paragraph (1), (2), 

3 (5), (6), (7), or (8) of section 332(a)’’. 

4 (d) INJUNCTIVE ENFORCEMENT.—Section 334 of the 

5 Energy Policy and Conservation Act (42 U.S.C. 6304) is 

6 amended— 

7 (1) in the first sentence, by striking ‘‘section 

8 332(a)(5)’’ and inserting ‘‘paragraph (5), (6), (7), 

9 or (8) of section 332(a)’’; and 

10 (2) in the second sentence, by striking ‘‘section 

11 332(a)(6)’’ and inserting ‘‘section 332(a)(7)’’. 

12 TITLE III—ENERGY EFFICIENT 

13 GOVERNMENT TECHNOLOGY 

14 SEC. 301. SHORT TITLE. 

15 This title may be cited as the ‘‘Energy Efficient Gov16 ernment Technology Act’’. 

17 SEC. 302. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR18 MATION TECHNOLOGIES. 

19 Subtitle C of title V of the Energy Independence and 

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

21 1661) is amended by adding at the end the following: 

22 ‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR23 MATION TECHNOLOGIES. 

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


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

2 the Director of the Office of Management and Budg3 et. 

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

5 ‘information technology’ has the meaning given the 

6 term in section 11101 of title 40, United States 

7 Code. 

8 ‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT9 EGY.—Not later than 1 year after the date of enactment 

10 of this section, each Federal agency shall coordinate with 

11 the Director, the Secretary, and the Administrator of the 

12 Environmental Protection Agency to develop an implemen13 tation strategy (that includes best practices and measure14 ment and verification techniques) for the maintenance, 

15 purchase, and use by the Federal agency of energy-effi16 cient and energy-saving information technologies, taking 

17 into consideration the performance goals established under 

18 subsection (d). 

19 ‘‘(c) ADMINISTRATION.—In developing an implemen20 tation strategy under subsection (b), each Federal agency 

21 shall consider— 

22 ‘‘(1) advanced metering infrastructure; 

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

24 methods of increasing asset and infrastructure utili25 zation; 


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1 ‘‘(3) advanced power management tools; 

2 ‘‘(4) building information modeling, including 

3 building energy management; 

4 ‘‘(5) secure telework and travel substitution 

5 tools; and 

6 ‘‘(6) mechanisms to ensure that the agency re7 alizes the energy cost savings brought about through 

8 increased efficiency and utilization. 

9 ‘‘(d) PERFORMANCE GOALS.— 

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

11 after the date of enactment of this section, the Di12 rector, in consultation with the Secretary, shall es13 tablish performance goals for evaluating the efforts 

14 of Federal agencies in improving the maintenance, 

15 purchase, and use of energy-efficient and energy-sav16 ing information technology. 

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

18 Officers Council established under section 3603 of 

19 title 44, United States Code, shall recommend best 

20 practices for the attainment of the performance 

21 goals, which shall include Federal agency consider22 ation of the use of— 

23 ‘‘(A) energy savings performance con24 tracting; and 

25 ‘‘(B) utility energy services contracting. 


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1 ‘‘(e) REPORTS.— 

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

3 shall include in the report of the agency under sec4 tion 527 a description of the efforts and results of 

5 the agency under this section. 

6 ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS

7 AND SCORECARDS.—Effective beginning not later 

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

9 the annual report and scorecard of the Director re10 quired under section 528 a description of the efforts 

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

12 SEC. 303. ENERGY EFFICIENT DATA CENTERS. 

13 Section 453 of the Energy Independence and Security 

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

15 (1) in subsection (b), by striking paragraph (3); 

16 and 

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

18 inserting the following: 

19 ‘‘(c) STAKEHOLDER INVOLVEMENT.— 

20 ‘‘(1) IN GENERAL.—The Secretary and the Ad21 ministrator shall carry out subsection (b) in con22 sultation with information technology industry and 

23 other key stakeholders, with the goal of producing 

24 results that accurately reflect the best knowledge in 

25 the most pertinent domains. 


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1 ‘‘(2) REQUIREMENTS.—In carrying out para2 graph (1), the Secretary and the Administrator shall 

3 pay particular attention to organizations that— 

4 ‘‘(A) have members with expertise in en5 ergy efficiency and in the development, oper6 ation, and functionality of data centers, infor7 mation technology equipment, and software, 

8 such as representatives of hardware manufac9 turers, data center operators, and facility man10 agers; 

11 ‘‘(B) obtain and address input from Na12 tional Laboratories (as defined in section 3 of 

13 the Energy Policy Act of 2005 (42 U.S.C. 

14 15801)) institution of higher education, re15 search institution, industry association, com16 pany, or public interest group with applicable 

17 expertise; 

18 ‘‘(C) follow— 

19 ‘‘(i) commonly accepted procedures 

20 for the development of specifications; and 

21 ‘‘(ii) accredited standards development 

22 processes; and 

23 ‘‘(D) have a mission to promote energy ef24 ficiency for data centers and information tech25 nology. 


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

2 Secretary and the Administrator shall consider and assess 

3 the adequacy of the specifications, measurements, and 

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

5 Federal Energy Management Program, the Energy Star 

6 Program, and other efficiency programs of the Depart7 ment or the Environmental Protection Agency. 

8 ‘‘(e) STUDY.—The Secretary, in consultation with the 

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

10 date of enactment of the Energy Efficient Government 

11 Technology Act, make available to the public an update 

12 to the Report to Congress on Server and Data Center En13 ergy Efficiency published on August 2, 2007, under sec14 tion 1 of Public Law 109–431 (120 Stat. 2920), that pro15 vides— 

16 ‘‘(1) a comparison and gap analysis of the esti17 mates and projections contained in the original re18 port with new data regarding the period from 2007 

19 through 2014; 

20 ‘‘(2) an analysis considering the impact of in21 formation technologies, including virtualization and 

22 cloud computing, in the public and private sectors; 

23 ‘‘(3) an evaluation of the impact of the com24 bination of cloud platforms, mobile devices, social 


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

2 and 

3 ‘‘(4) updated projections and recommendations 

4 for best practices through fiscal year 2020. 

5 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO6 GRAM.— 

7 ‘‘(1) IN GENERAL.—The Secretary, in consulta8 tion with key stakeholders and the Director of the 

9 Office of Management and Budget, shall maintain a 

10 data center energy practitioner program that leads 

11 to the certification of energy practitioners qualified 

12 to evaluate the energy usage and efficiency opportu13 nities in Federal data centers. 

14 ‘‘(2) EVALUATIONS.—Each Federal agency 

15 shall consider having the data centers of the agency 

16 evaluated every 4 years by energy practitioners cer17 tified pursuant to the data center energy practi18 tioner program and whenever practicable using cer19 tified practitioners employed by the agency. 

20 ‘‘(g) OPEN DATA INITIATIVE.— 

21 ‘‘(1) IN GENERAL.—The Secretary, in consulta22 tion with key stakeholders and the Director of the 

23 Office of Management and Budget, shall establish 

24 an open data initiative for Federal data center en25 ergy usage data, with the purpose of making the enVerDate Sep 11 2014 01:53 Dec 05, 2014 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2971.IS S2971

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1 ergy usage data available and accessible in a manner 

2 that encourages further data center innovation, opti3 mization, and consolidation. 

4 ‘‘(2) MODEL.—In establishing the initiative 

5 under paragraph (1), the Secretary shall consider 

6 the use of the online Data Center Maturity Model. 

7 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND

8 METRICS.—The Secretary, in consultation with key stake9 holders, shall actively participate in efforts to harmonize 

10 global specifications and metrics for data center energy 

11 efficiency. 

12 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec13 retary, in consultation with key stakeholders, shall facili14 tate the development of an efficiency metric that measures 

15 the energy efficiency of a data center (including equipment 

16 and facilities). 

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

18 The Secretary and the Administrator shall not disclose 

19 any proprietary information or trade secrets provided by 

20 any individual or company for the purposes of carrying 

21 out this section or the programs and initiatives established 

22 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 ‘‘signing the contract, the following require16 ments are met: 

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

18 efficiency and conservation improvements that 

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

20 including improvements in lighting, windows, 

21 and heating, ventilation, and air conditioning 

22 systems. 

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

24 benchmarked under a nationally recognized, on25 line, free benchmarking program, with public 


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1 disclosure, unless the space is a space for which 

2 owners cannot access whole building utility con3 sumption data, including spaces— 

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

5 privacy laws that provide that utilities shall 

6 not provide such aggregated information to 

7 multitenant building owners; and 

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

9 energy consumption information to the 

10 commercial building owner in response to a 

11 request from the building owner. 

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

13 the space shall provide to the building owner, or 

14 authorize the owner to obtain from the utility, 

15 the energy consumption information of the 

16 space for the benchmarking and disclosure re17 quired by this subparagraph.’’. 

18 (b) STUDY.— 

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

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

21 Energy, in collaboration with the Administrator of 

22 the Environmental Protection Agency, shall complete 

23 a study— 

24 (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.—On completing 

2 the study, the Secretary shall submit to the Com3 mittee on Energy and Natural Resources of the Sen4 ate and the Committee on Energy and Commerce of 

5 the House of Representatives a report on the results 

6 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 Energy Star Portfolio Manager tool of the Environ5 mental Protection Agency. 

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 Natural Resources of the Senate and the 

13 Committee on Energy and Commerce of the House of 

14 Representatives a report on the progress made in com15 plying with this section. 

Æ 


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