IIB 
113TH CONGRESS 
2D SESSION 
H. R. 2126 
IN THE SENATE OF THE UNITED STATES 
MARCH 6, 2014 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
To promote energy efficiency, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Energy Efficiency Im-
provement Act of 2014’’. 
TITLE I—BETTER BUILDINGS 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Better Buildings Act 
of 2014’’. 
SEC. 102. ENERGY EFFICIENCY IN FEDERAL AND OTHER 
BUILDINGS. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of General Serv-
ices. 
(2) 
COST-EFFECTIVE
ENERGY
EFFICIENCY 
MEASURE.—The term ‘‘cost-effective energy effi-
ciency measure’’ means any building product, mate-
rial, equipment, or service, and the installing, imple-
menting, or operating thereof, that provides energy 
savings in an amount that is not less than the cost 
of such installing, implementing, or operating. 
(3) 
COST-EFFECTIVE
WATER
EFFICIENCY 
MEASURE.—The term ‘‘cost-effective water efficiency 
measure’’ means any building product, material, 
equipment, or service, and the installing, imple-
menting, or operating thereof, that provides water 
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savings in an amount that is not less than the cost 
of such installing, implementing, or operating. 
(b) MODEL PROVISIONS, POLICIES, AND BEST PRAC-
TICES.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Adminis-
trator, in consultation with the Secretary of Energy 
and after providing the public with an opportunity 
for notice and comment, shall develop model com-
mercial leasing provisions and best practices in ac-
cordance with this subsection. 
(2) COMMERCIAL LEASING.— 
(A) IN GENERAL.—The model commercial 
leasing provisions developed under this sub-
section shall, at a minimum, align the interests 
of building owners and tenants with regard to 
investments in cost-effective energy efficiency 
measures and cost-effective water efficiency 
measures to encourage building owners and ten-
ants to collaborate to invest in such measures. 
(B) USE
OF
MODEL
PROVISIONS.—The 
Administrator may use the model commercial 
leasing provisions developed under this sub-
section in any standard leasing document that 
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designates a Federal agency (or other client of 
the Administrator) as a landlord or tenant. 
(C) 
PUBLICATION.—The 
Administrator 
shall periodically publish the model commercial 
leasing provisions developed under this sub-
section, along with explanatory materials, to en-
courage building owners and tenants in the pri-
vate sector to use such provisions and mate-
rials. 
(3) REALTY
SERVICES.—The Administrator 
shall develop policies and practices to implement 
cost-effective energy efficiency measures and cost-ef-
fective water efficiency measures for the realty serv-
ices provided by the Administrator to Federal agen-
cies (or other clients of the Administrator), including 
periodic training of appropriate Federal employees 
and contractors on how to identify and evaluate 
those measures. 
(4) STATE AND LOCAL ASSISTANCE.—The Ad-
ministrator, in consultation with the Secretary of 
Energy, shall make available model commercial leas-
ing provisions and best practices developed under 
this subsection to State, county, and municipal gov-
ernments for use in managing owned and leased 
building space in accordance with the goal of encour-
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aging investment in all cost-effective energy effi-
ciency measures and cost-effective water efficiency 
measures. 
SEC. 103. SEPARATE SPACES WITH HIGH-PERFORMANCE 
ENERGY EFFICIENCY MEASURES. 
(a) IN GENERAL.—Subtitle B of title IV of the En-
ergy Independence and Security Act of 2007 (42 U.S.C. 
17081 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 424. SEPARATE SPACES WITH HIGH-PERFORMANCE 
ENERGY EFFICIENCY MEASURES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) HIGH-PERFORMANCE ENERGY EFFICIENCY 
MEASURE.—The term ‘high-performance energy effi-
ciency measure’ means a technology, product, or 
practice that will result in substantial operational 
cost savings by reducing energy consumption and 
utility costs. 
‘‘(2) SEPARATE SPACES.—The term ‘separate 
spaces’ means areas within a commercial building 
that are leased or otherwise occupied by a tenant or 
other occupant for a period of time pursuant to the 
terms of a written agreement. 
‘‘(b) STUDY.— 
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‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Secretary, 
acting through the Assistant Secretary of Energy 
Efficiency and Renewable Energy, shall complete a 
study on the feasibility of— 
‘‘(A) significantly improving energy effi-
ciency in commercial buildings through the de-
sign and construction, by owners and tenants, 
of separate spaces with high-performance en-
ergy efficiency measures; and 
‘‘(B) encouraging owners and tenants to 
implement high-performance energy efficiency 
measures in separate spaces. 
‘‘(2) SCOPE.—The study shall, at a minimum, 
include— 
‘‘(A) descriptions of— 
‘‘(i) high-performance energy effi-
ciency measures that should be considered 
as part of the initial design and construc-
tion of separate spaces; 
‘‘(ii) processes that owners, tenants, 
architects, and engineers may replicate 
when designing and constructing separate 
spaces with high-performance energy effi-
ciency measures; 
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‘‘(iii) policies and best practices to 
achieve reductions in energy intensities for 
lighting, plug loads, heating, cooling, cook-
ing, laundry, and other systems to satisfy 
the needs of the commercial building ten-
ant; 
‘‘(iv) return on investment and pay-
back analyses of the incremental cost and 
projected energy savings of the proposed 
set of high-performance energy efficiency 
measures, including consideration of avail-
able incentives; 
‘‘(v) models and simulation methods 
that predict the quantity of energy used by 
separate spaces with high-performance en-
ergy efficiency measures and that compare 
that predicted quantity to the quantity of 
energy used by separate spaces without 
high-performance energy efficiency meas-
ures but that otherwise comply with appli-
cable building code requirements; 
‘‘(vi) measurement and verification 
platforms demonstrating actual energy use 
of 
high-performance 
energy 
efficiency 
measures installed in separate spaces, and 
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whether such measures generate the sav-
ings intended in the initial design and con-
struction of the separate spaces; 
‘‘(vii) best practices that encourage an 
integrated approach to designing and con-
structing separate spaces to perform at op-
timum energy efficiency in conjunction 
with the central systems of a commercial 
building; and 
‘‘(viii) any impact on employment re-
sulting from the design and construction of 
separate spaces with high-performance en-
ergy efficiency measures; and 
‘‘(B) case studies reporting economic and 
energy savings returns in the design and con-
struction of separate spaces with high-perform-
ance energy efficiency measures. 
‘‘(3) PUBLIC PARTICIPATION.—Not later than 
90 days after the date of the enactment of this sec-
tion, the Secretary shall publish a notice in the Fed-
eral Register requesting public comments regarding 
effective methods, measures, and practices for the 
design and construction of separate spaces with 
high-performance energy efficiency measures. 
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‘‘(4) PUBLICATION.—The Secretary shall pub-
lish the study on the website of the Department of 
Energy.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Energy Independence and Security 
Act of 2007 is amended by inserting after the item relat-
ing to section 423 the following new item: 
‘‘Sec. 424. Separate spaces with high-performance energy efficiency measures.’’. 
SEC. 104. TENANT STAR PROGRAM. 
(a) IN GENERAL.—Subtitle B of title IV of the En-
ergy Independence and Security Act of 2007 (42 U.S.C. 
17081 et seq.) (as amended by section 3) is amended by 
adding at the end the following: 
‘‘SEC. 425. TENANT STAR PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) HIGH-PERFORMANCE ENERGY EFFICIENCY 
MEASURE.—The term ‘high-performance energy effi-
ciency measure’ has the meaning given the term in 
section 424. 
‘‘(2) SEPARATE SPACES.—The term ‘separate 
spaces’ has the meaning given the term in section 
424. 
‘‘(b) TENANT STAR.—The Administrator of the Envi-
ronmental Protection Agency, in consultation with the 
Secretary of Energy, shall develop a voluntary program 
within the Energy Star program established by section 
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324A of the Energy Policy and Conservation Act (42 
U.S.C. 6294a), which may be known as Tenant Star, to 
promote energy efficiency in separate spaces leased by ten-
ants or otherwise occupied within commercial buildings. 
‘‘(c) EXPANDING SURVEY DATA.—The Secretary of 
Energy, acting through the Administrator of the Energy 
Information Administration, shall— 
‘‘(1) collect, through each Commercial Build-
ings Energy Consumption Survey of the Energy In-
formation Administration that is conducted after the 
date of enactment of this section, data on— 
‘‘(A) categories of building occupancy that 
are known to consume significant quantities of 
energy, such as occupancy by data centers, 
trading floors, and restaurants; and 
‘‘(B) other aspects of the property, build-
ing operation, or building occupancy determined 
by the Administrator of the Energy Information 
Administration, in consultation with the Admin-
istrator of the Environmental Protection Agen-
cy, to be relevant in lowering energy consump-
tion; 
‘‘(2) with respect to the first Commercial Build-
ings Energy Consumption Survey conducted after 
the date of enactment of this section, to the extent 
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full compliance with the requirements of paragraph 
(1) is not feasible, conduct activities to develop the 
capability to collect such data and begin to collect 
such data; and 
‘‘(3) make data collected under paragraphs (1) 
and (2) available to the public in aggregated form 
and provide such data, and any associated results, to 
the Administrator of the Environmental Protection 
Agency for use in accordance with subsection (d). 
‘‘(d) RECOGNITION OF OWNERS AND TENANTS.— 
‘‘(1) OCCUPANCY-BASED
RECOGNITION.—Not 
later than 1 year after the date on which sufficient 
data is received pursuant to subsection (c), the Ad-
ministrator of the Environmental Protection Agency 
shall, following an opportunity for public notice and 
comment— 
‘‘(A) in a manner similar to the Energy 
Star rating system for commercial buildings, 
develop policies and procedures to recognize 
tenants in commercial buildings that voluntarily 
achieve high levels of energy efficiency in sepa-
rate spaces; 
‘‘(B) establish building occupancy cat-
egories eligible for Tenant Star recognition 
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based on the data collected under subsection (c) 
and any other appropriate data sources; and 
‘‘(C) consider other forms of recognition 
for commercial building tenants or other occu-
pants that lower energy consumption in sepa-
rate spaces. 
‘‘(2) DESIGN- AND CONSTRUCTION-BASED REC-
OGNITION.—After the study required by section 
424(b) is completed, the Administrator of the Envi-
ronmental Protection Agency, in consultation with 
the Secretary and following an opportunity for pub-
lic notice and comment, may develop a voluntary 
program to recognize commercial building owners 
and tenants that use high-performance energy effi-
ciency measures in the design and construction of 
separate spaces.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Energy Independence and Security 
Act of 2007 is amended by inserting after the item relat-
ing to section 424 (as added by section 3(b)) the following 
new item: 
‘‘Sec. 425. Tenant Star program.’’. 
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TITLE II—GRID-ENABLED WATER 
HEATERS 
SEC. 201. GRID-ENABLED WATER HEATERS. 
Part B of title III of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6291 et seq.) is amended— 
(1) in section 325(e) (42 U.S.C. 6295(e)), by 
adding at the end the following: 
‘‘(6) ADDITIONAL
STANDARDS
FOR
GRID-EN-
ABLED WATER HEATERS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) ACTIVATION
LOCK.—The term 
‘activation lock’ means a control mecha-
nism (either a physical device directly on 
the water heater or a control system inte-
grated into the water heater) that is locked 
by default and contains a physical, soft-
ware, or digital communication that must 
be activated with an activation key to en-
able the product to operate at its designed 
specifications and capabilities and without 
which activation the product will provide 
not greater than 50 percent of the rated 
first hour delivery of hot water certified by 
the manufacturer. 
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‘‘(ii) GRID-ENABLED
WATER
HEAT-
ER.—The term ‘grid-enabled water heater’ 
means an electric resistance water heater 
that— 
‘‘(I) has a rated storage tank vol-
ume of more than 75 gallons; 
‘‘(II) is manufactured on or after 
April 16, 2015; 
‘‘(III) has— 
‘‘(aa) an energy factor of 
not less than 1.061 minus the 
product 
obtained 
by 
multi-
plying— 
‘‘(AA) the rated storage 
volume of the tank, ex-
pressed in gallons; and 
‘‘(BB) 0.00168; or 
‘‘(bb) an equivalent alter-
native standard prescribed by the 
Secretary and developed pursu-
ant to paragraph (5)(E); 
‘‘(IV) is equipped at the point of 
manufacture with an activation lock; 
and 
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‘‘(V) bears a permanent label ap-
plied by the manufacturer that— 
‘‘(aa) is made of material 
not adversely affected by water; 
‘‘(bb) is attached by means 
of 
non-water-soluble 
adhesive; 
and 
‘‘(cc) advises purchasers and 
end-users of the intended and ap-
propriate use of the product with 
the following notice printed in 
16.5 point Arial Narrow Bold 
font: 
‘‘ ‘IMPORTANT INFORMATION: This water heater is 
intended only for use as part of an electric thermal storage 
or demand response program. It will not provide adequate 
hot water unless enrolled in such a program and activated 
by your utility company or another program operator. 
Confirm the availability of a program in your local area 
before purchasing or installing this product.’. 
‘‘(B) REQUIREMENT.—The manufacturer 
or private labeler shall provide the activation 
key for a grid-enabled water heater only to a 
utility or other company that operates an elec-
tric thermal storage or demand response pro-
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gram that uses such a grid-enabled water heat-
er. 
‘‘(C) REPORTS.— 
‘‘(i) 
MANUFACTURERS.—The 
Sec-
retary shall require each manufacturer of 
grid-enabled water heaters to report to the 
Secretary annually the quantity of grid-en-
abled water heaters that the manufacturer 
ships each year. 
‘‘(ii) 
OPERATORS.—The 
Secretary 
shall require utilities and other demand re-
sponse and thermal storage program oper-
ators to report annually the quantity of 
grid-enabled water heaters activated for 
their programs using forms of the Energy 
Information Agency or using such other 
mechanism that the Secretary determines 
appropriate after an opportunity for notice 
and comment. 
‘‘(iii) 
CONFIDENTIALITY
REQUIRE-
MENTS.—The Secretary shall treat ship-
ment data reported by manufacturers as 
confidential business information. 
‘‘(D) PUBLICATION OF INFORMATION.— 
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‘‘(i) IN
GENERAL.—In 2017 and 
2019, the Secretary shall publish an anal-
ysis of the data collected under subpara-
graph (C) to assess the extent to which 
shipped products are put into use in de-
mand response and thermal storage pro-
grams. 
‘‘(ii) PREVENTION
OF
PRODUCT
DI-
VERSION.—If the Secretary determines 
that sales of grid-enabled water heaters ex-
ceed by 15 percent or greater the quantity 
of such products activated for use in de-
mand response and thermal storage pro-
grams annually, the Secretary shall, after 
opportunity for notice and comment, estab-
lish procedures to prevent product diver-
sion for non-program purposes. 
‘‘(E) COMPLIANCE.— 
‘‘(i) 
IN
GENERAL.—Subparagraphs 
(A) through (D) shall remain in effect 
until the Secretary determines under this 
section that— 
‘‘(I) grid-enabled water heaters 
do not require a separate efficiency 
requirement; or 
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‘‘(II) sales of grid-enabled water 
heaters exceed by 15 percent or great-
er the quantity of such products acti-
vated for use in demand response and 
thermal storage programs annually 
and procedures to prevent product di-
version for non-program purposes 
would not be adequate to prevent such 
product diversion. 
‘‘(ii) EFFECTIVE DATE.—If the Sec-
retary exercises the authority described in 
clause (i) or amends the efficiency require-
ment for grid-enabled water heaters, that 
action will take effect on the date de-
scribed in subsection (m)(4)(A)(ii). 
‘‘(iii) CONSIDERATION.—In carrying 
out this section with respect to electric 
water heaters, the Secretary shall consider 
the impact on thermal storage and demand 
response programs, including any impact 
on energy savings, electric bills, peak load 
reduction, electric reliability, integration of 
renewable resources, and the environment. 
‘‘(iv) REQUIREMENTS.—In carrying 
out this paragraph, the Secretary shall re-
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quire that grid-enabled water heaters be 
equipped with communication capability to 
enable the grid-enabled water heaters to 
participate in ancillary services programs if 
the Secretary determines that the tech-
nology is available, practical, and cost-ef-
fective.’’; 
(2) in section 332(a) (42 U.S.C. 6302(a))— 
(A) in paragraph (5), by striking ‘‘or’’ at 
the end; 
(B) in the first paragraph (6), by striking 
the period at the end and inserting a semicolon; 
(C) by redesignating the second paragraph 
(6) as paragraph (7); 
(D) in subparagraph (B) of paragraph (7) 
(as so redesignated), by striking the period at 
the end and inserting ‘‘; or’’; and 
(E) by adding at the end the following: 
‘‘(8) for any person to— 
‘‘(A) activate an activation lock for a grid- 
enabled water heater with knowledge that such 
water heater is not used as part of an electric 
thermal storage or demand response program; 
‘‘(B) distribute an activation key for a 
grid-enabled water heater with knowledge that 
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such activation key will be used to activate a 
grid-enabled water heater that is not used as 
part of an electric thermal storage or demand 
response program; 
‘‘(C) otherwise enable a grid-enabled water 
heater to operate at its designed specification 
and capabilities with knowledge that such water 
heater is not used as part of an electric thermal 
storage or demand response program; or 
‘‘(D) knowingly remove or render illegible 
the label of a grid-enabled water heater de-
scribed in section 325(e)(6)(A)(ii)(V).’’; 
(3) in section 333(a) (42 U.S.C. 6303(a))— 
(A) by striking ‘‘section 332(a)(5)’’ and in-
serting ‘‘paragraph (5), (6), (7), or (8) of sec-
tion 332(a)’’; and 
(B) by striking ‘‘paragraph (1), (2), or (5) 
of section 332(a)’’ and inserting ‘‘paragraph 
(1), (2), (5), (6), (7), or (8) of section 332(a)’’; 
and 
(4) in section 334 (42 U.S.C. 6304)— 
(A) by striking ‘‘section 332(a)(5)’’ and in-
serting ‘‘paragraph (5), (6), (7), or (8) of sec-
tion 332(a)’’; and 
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(B) by striking ‘‘section 332(a)(6)’’ and in-
serting ‘‘section 332(a)(7)’’. 
TITLE III—ENERGY EFFICIENT 
GOVERNMENT TECHNOLOGY 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Energy Efficient Gov-
ernment Technology Act’’. 
SEC. 302. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR-
MATION TECHNOLOGIES. 
Subtitle C of title V of the Energy Independence and 
Security Act of 2007 (Public Law 110–140; 121 Stat. 
1661) is amended by adding at the end the following: 
‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR-
MATION TECHNOLOGIES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Management and Budg-
et. 
‘‘(2) INFORMATION
TECHNOLOGY.—The term 
‘information technology’ has the meaning given that 
term in section 11101 of title 40, United States 
Code. 
‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT-
EGY.—Not later than 1 year after the date of enactment 
of this section, each Federal agency shall coordinate with 
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the Director, the Secretary, and the Administrator of the 
Environmental Protection Agency to develop an implemen-
tation strategy (that includes best practices and measure-
ment and verification techniques) for the maintenance, 
purchase, and use by the Federal agency of energy-effi-
cient and energy-saving information technologies, taking 
into consideration the performance goals established under 
subsection (d). 
‘‘(c) ADMINISTRATION.—In developing an implemen-
tation strategy under subsection (b), each Federal agency 
shall consider— 
‘‘(1) advanced metering infrastructure; 
‘‘(2) energy-efficient data center strategies and 
methods of increasing asset and infrastructure utili-
zation; 
‘‘(3) advanced power management tools; 
‘‘(4) building information modeling, including 
building energy management; 
‘‘(5) secure telework and travel substitution 
tools; and 
‘‘(6) mechanisms to ensure that the agency re-
alizes the energy cost savings brought about through 
increased efficiency and utilization. 
‘‘(d) PERFORMANCE GOALS.— 
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‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this section, the Di-
rector, in consultation with the Secretary, shall es-
tablish performance goals for evaluating the efforts 
of Federal agencies in improving the maintenance, 
purchase, and use of energy-efficient and energy-sav-
ing information technology. 
‘‘(2) BEST PRACTICES.—The Chief Information 
Officers Council established under section 3603 of 
title 44, United States Code, shall recommend best 
practices for the attainment of the performance 
goals, which shall include Federal agency consider-
ation of the use of— 
‘‘(A) energy savings performance con-
tracting; and 
‘‘(B) utility energy services contracting. 
‘‘(e) REPORTS.— 
‘‘(1) AGENCY REPORTS.—Each Federal agency 
shall include in the report of the agency under sec-
tion 527 a description of the efforts and results of 
the agency under this section. 
‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS 
AND
SCORECARDS.—Effective beginning not later 
than October 1, 2015, the Director shall include in 
the annual report and scorecard of the Director re-
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quired under section 528 a description of the efforts 
and results of Federal agencies under this section.’’. 
SEC. 303. ENERGY EFFICIENT DATA CENTERS. 
Section 453 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17112) is amended— 
(1) by striking subsection (b)(3); and 
(2) by striking subsections (c) through (g) and 
inserting the following: 
‘‘(c) STAKEHOLDER INVOLVEMENT.—The Secretary 
and the Administrator shall carry out subsection (b) in 
collaboration with information technology industry and 
other key stakeholders, with the goal of producing results 
that accurately reflect the best knowledge in the most per-
tinent domains. In such collaboration, the Secretary and 
the Administrator shall pay particular attention to organi-
zations that— 
‘‘(1) have members with expertise in energy ef-
ficiency and in the development, operation, and 
functionality of data centers, information technology 
equipment, and software, such as representatives of 
hardware manufacturers, data center operators, and 
facility managers; 
‘‘(2) obtain and address input from Department 
of Energy National Laboratories or any college, uni-
versity, research institution, industry association, 
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company, or public interest group with applicable ex-
pertise; 
‘‘(3) follow— 
‘‘(A) commonly accepted procedures for 
the development of specifications; and 
‘‘(B) accredited standards development 
processes; and 
‘‘(4) have a mission to promote energy effi-
ciency for data centers and information technology. 
‘‘(d) MEASUREMENTS
AND SPECIFICATIONS.—The 
Secretary and the Administrator shall consider and assess 
the adequacy of the specifications, measurements, and 
benchmarks described in subsection (b) for use by the 
Federal Energy Management Program, the Energy Star 
Program, and other efficiency programs of the Depart-
ment of Energy or the Environmental Protection Agency. 
‘‘(e) STUDY.—The Secretary, in collaboration with 
the Administrator, shall, not later than 18 months after 
the date of enactment of the Energy Efficient Government 
Technology Act, make available to the public an update 
to the Report to Congress on Server and Data Center En-
ergy Efficiency published on August 2, 2007, under sec-
tion 1 of Public Law 109–431 (120 Stat. 2920), that pro-
vides— 
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‘‘(1) a comparison and gap analysis of the esti-
mates and projections contained in the original re-
port with new data regarding the period from 2007 
through 2014; 
‘‘(2) an analysis considering the impact of in-
formation technologies, to include virtualization and 
cloud computing, in the public and private sectors; 
‘‘(3) an evaluation of the impact of the com-
bination of cloud platforms, mobile devices, social 
media, and big data on data center energy usage; 
and 
‘‘(4) updated projections and recommendations 
for best practices through fiscal year 2020. 
‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO-
GRAM.—The Secretary, in collaboration with key stake-
holders and the Director of the Office of Management and 
Budget, shall maintain a data center energy practitioner 
program that leads to the certification of energy practi-
tioners qualified to evaluate the energy usage and effi-
ciency opportunities in Federal data centers. Each Federal 
agency shall consider having the data centers of the agen-
cy evaluated every 4 years by energy practitioners certified 
pursuant to such program, whenever practicable using cer-
tified practitioners employed by the agency. 
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‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col-
laboration with key stakeholders and the Office of Man-
agement and Budget, shall establish an open data initia-
tive for Federal data center energy usage data, with the 
purpose of making such data available and accessible in 
a manner that encourages further data center innovation, 
optimization, and consolidation. In establishing the initia-
tive, the Secretary shall consider the use of the online 
Data Center Maturity Model. 
‘‘(h) 
INTERNATIONAL
SPECIFICATIONS
AND 
METRICS.—The Secretary, in collaboration with key 
stakeholders, shall actively participate in efforts to har-
monize global specifications and metrics for data center 
energy efficiency. 
‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec-
retary, in collaboration with key stakeholders, shall facili-
tate in the development of an efficiency metric that meas-
ures the energy efficiency of a data center (including 
equipment and facilities). 
‘‘(j) PROTECTION OF PROPRIETARY INFORMATION.— 
The Secretary and the Administrator shall not disclose 
any proprietary information or trade secrets provided by 
any individual or company for the purposes of carrying 
out this section or the programs and initiatives established 
under this section.’’. 
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TITLE 
IV—ENERGY 
INFORMA-
TION 
FOR 
COMMERCIAL 
BUILDINGS 
SEC. 401. ENERGY INFORMATION FOR COMMERCIAL BUILD-
INGS. 
(a) REQUIREMENT OF BENCHMARKING AND DISCLO-
SURE FOR LEASING BUILDINGS WITHOUT ENERGY STAR 
LABELS.—Section 435(b)(2) of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is 
amended— 
(1) by striking ‘‘paragraph (2)’’ and inserting 
‘‘paragraph (1)’’; and 
(2) by striking ‘‘signing the contract,’’ and all 
that follows through the period at the end and in-
serting the following: 
‘‘signing the contract, the following requirements are 
met: 
‘‘(A) The space is renovated for all energy 
efficiency and conservation improvements that 
would be cost effective over the life of the lease, 
including improvements in lighting, windows, 
and heating, ventilation, and air conditioning 
systems. 
‘‘(B)(i) Subject to clause (ii), the space is 
benchmarked under a nationally recognized, on-
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line, free benchmarking program, with public 
disclosure, unless the space is a space for which 
owners cannot access whole building utility con-
sumption data, including spaces— 
‘‘(I) that are located in States with 
privacy laws that provide that utilities shall 
not provide such aggregated information to 
multitenant building owners; and 
‘‘(II) for which tenants do not provide 
energy consumption information to the 
commercial building owner in response to a 
request from the building owner. 
‘‘(ii) A Federal agency that is a tenant of 
the space shall provide to the building owner, or 
authorize the owner to obtain from the utility, 
the energy consumption information of the 
space for the benchmarking and disclosure re-
quired by this subparagraph.’’. 
(b) STUDY.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary of 
Energy, in collaboration with the Administrator of 
the Environmental Protection Agency, shall complete 
a study— 
(A) on the impact of— 
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(i) 
State 
and 
local 
performance 
benchmarking and disclosure policies, and 
any associated building efficiency policies, 
for commercial and multifamily buildings; 
and 
(ii) programs and systems in which 
utilities provide aggregated information re-
garding whole building energy consumption 
and usage information to owners of multi-
tenant commercial, residential, and mixed- 
use buildings; 
(B) that identifies best practice policy ap-
proaches studied under subparagraph (A) that 
have resulted in the greatest improvements in 
building energy efficiency; and 
(C) that considers— 
(i) compliance rates and the benefits 
and costs of the policies and programs on 
building owners, utilities, tenants, and 
other parties; 
(ii) utility practices, programs, and 
systems that provide aggregated energy 
consumption information to multitenant 
building owners, and the impact of public 
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utility commissions and State privacy laws 
on those practices, programs, and systems; 
(iii) exceptions to compliance in exist-
ing laws where building owners are not 
able to gather or access whole building en-
ergy information from tenants or utilities; 
(iv) the treatment of buildings with— 
(I) multiple uses; 
(II) uses for which baseline infor-
mation is not available; and 
(III) uses that require high levels 
of energy intensities, such as data 
centers, trading floors, and televisions 
studios; 
(v) implementation practices, includ-
ing disclosure methods and phase-in of 
compliance; 
(vi) 
the 
safety 
and 
security 
of 
benchmarking tools offered by government 
agencies, and the resiliency of those tools 
against cyber-attacks; and 
(vii) international experiences with re-
gard to building benchmarking and disclo-
sure laws and data aggregation for multi-
tenant buildings. 
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(2) SUBMISSION TO CONGRESS.—At the conclu-
sion of the study, the Secretary shall submit to the 
Committee on Energy and Commerce of the House 
of Representatives and Committee on Energy and 
Natural Resources of the Senate a report on the re-
sults of the study. 
(c) CREATION AND MAINTENANCE OF DATABASE.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act and following 
opportunity for public notice and comment, the Sec-
retary of Energy, in coordination with other relevant 
agencies, shall maintain, and if necessary create, a 
database for the purpose of storing and making 
available public energy-related information on com-
mercial and multifamily buildings, including— 
(A) data provided under Federal, State, 
local, and other laws or programs regarding 
building benchmarking and energy information 
disclosure; 
(B) information on buildings that have dis-
closed energy ratings and certifications; and 
(C) energy-related information on buildings 
provided voluntarily by the owners of the build-
ings, only in an anonymous form unless the 
owner provides otherwise. 
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(2) COMPLEMENTARY
PROGRAMS.—The data-
base maintained pursuant to paragraph (1) shall 
complement and not duplicate the functions of the 
Environmental Protection Agency’s Energy Star 
Portfolio Manager tool. 
(d) INPUT FROM STAKEHOLDERS.—The Secretary of 
Energy shall seek input from stakeholders to maximize the 
effectiveness of the actions taken under this section. 
(e) REPORT.—Not later than 2 years after the date 
of enactment of this Act, and every 2 years thereafter, 
the Secretary of Energy shall submit to the Committee 
on Energy and Commerce of the House of Representatives 
and Committee on Energy and Natural Resources of the 
Senate a report on the progress made in complying with 
this section. 
Passed the House of Representatives March 5, 
2014. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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