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reflect the revisions, based on the energy sav-
ings and life-cycle cost effectiveness of the revi-
sions.’’; 
(B) in subparagraph (C), by striking ‘‘(C) 
In the budget request’’ and inserting the fol-
lowing: 
‘‘(C) BUDGET
REQUEST.—In the budget 
request’’; and 
(C) in subparagraph (D)— 
(i) by striking ‘‘(D) Not later than’’ 
and all that follows through the end of the 
first sentence of clause (i)(III) and insert-
ing the following: 
‘‘(D) CERTIFICATION FOR GREEN BUILD-
INGS.— 
‘‘(i) IN GENERAL.—’’; 
(ii) by striking clause (ii); 
(iii) in clause (iii), by striking ‘‘(iii) In 
identifying’’ and inserting the following: 
‘‘(ii) 
CONSIDERATIONS.—In 
identi-
fying’’; 
(iv) in clause (iv)— 
(I) by striking ‘‘(iv) At least 
once’’ and inserting the following: 
‘‘(iii) STUDY.—At least once’’; and 
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(II) by striking ‘‘clause (iii)’’ and 
inserting ‘‘clause (ii)’’; 
(v) in clause (v)— 
(I) by striking ‘‘(v) The Sec-
retary may’’ and inserting the fol-
lowing: 
‘‘(iv) INTERNAL CERTIFICATION PROC-
ESSES.—The Secretary may’’; and 
(II) by striking ‘‘clause (i)(III)’’ 
each place it appears and inserting 
‘‘clause (i)’’; 
(vi) in clause (vi)— 
(I) by striking ‘‘(vi) With re-
spect’’ and inserting the following: 
‘‘(v) PRIVATIZED
MILITARY
HOUS-
ING.—With respect’’; and 
(II) by striking ‘‘develop alter-
native criteria to those established by 
subclauses (I) and (III) of clause (i) 
that achieve an equivalent result in 
terms of energy savings, sustainable 
design, and’’ and inserting ‘‘develop 
alternative certification systems and 
levels than the systems and levels 
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identified under clause (i) that achieve 
an equivalent result in terms of’’; and 
(vii) in clause (vii), by striking ‘‘(vii) 
In addition to’’ and inserting the following: 
‘‘(vi) WATER
CONSERVATION
TECH-
NOLOGIES.—In addition to’’; and 
(2) by striking subsections (c) and (d) and in-
serting the following: 
‘‘(c) PERIODIC REVIEW.—The Secretary shall— 
‘‘(1) every 5 years, review the Federal building 
energy standards established under this section; and 
‘‘(2) on completion of a review under paragraph 
(1), if the Secretary determines that significant en-
ergy savings would result, upgrade the standards to 
include all new energy efficiency and renewable en-
ergy measures that are technologically feasible and 
economically justified.’’. 
SEC. 3118. OPERATION OF BATTERY RECHARGING STA-
TIONS IN PARKING AREAS USED BY FEDERAL 
EMPLOYEES. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—The head of any office of 
the Federal Government which owns or operates a 
parking area for the use of its employees (either di-
rectly or indirectly through a contractor) may in-
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stall, construct, operate, and maintain on a reim-
bursable basis a battery recharging station in such 
area for the use of privately owned vehicles of em-
ployees of the office and others who are authorized 
to park in such area. 
(2) USE OF VENDORS.—The head of an office 
may carry out paragraph (1) through a contract 
with a vendor, under such terms and conditions (in-
cluding terms relating to the allocation between the 
office and the vendor of the costs of carrying out the 
contract) as the head of the office and the vendor 
may agree to. 
(b) IMPOSITION OF FEES TO COVER COSTS.— 
(1) FEES.—The head of an office of the Fed-
eral Government which operates and maintains a 
battery recharging station under this section shall 
charge fees to the individuals who use the station in 
such amount as is necessary to ensure that office re-
covers all of the costs it incurs in installing, con-
structing, operating, and maintaining the station. 
(2) DEPOSIT
AND
AVAILABILITY
OF
FEES.— 
Any fees collected by the head of an office under this 
subsection shall be— 
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(A) deposited monthly in the Treasury to 
the credit of the appropriations account for sal-
aries and expenses of the office; and 
(B) available for obligation without further 
appropriation during— 
(i) the fiscal year collected; and 
(ii) the fiscal year following the fiscal 
year collected. 
(c) NO
EFFECT
ON
EXISTING
PROGRAMS
FOR 
HOUSE AND SENATE.—Nothing in this section may be 
construed to affect the installation, construction, oper-
ation, or maintenance of battery recharging stations by 
the Architect of the Capitol— 
(1) under Public Law 112–170 (2 U.S.C. 
2171), relating to employees of the House of Rep-
resentatives and individuals authorized to park in 
any parking area under the jurisdiction of the House 
of Representatives on the Capitol Grounds; or 
(2) under Public Law 112–167 (2 U.S.C. 
2170), relating to employees of the Senate and indi-
viduals authorized to park in any parking area 
under the jurisdiction of the Senate on the Capitol 
Grounds. 
(d) EFFECTIVE DATE.—This section shall apply with 
respect to fiscal year 2016 and each succeeding fiscal year. 
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SEC. 3119. REPORT ON ENERGY SAVINGS AND GREEN-
HOUSE GAS EMISSIONS REDUCTION FROM 
CONVERSION OF CAPTURED METHANE TO 
ENERGY. 
(a) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Energy, in con-
sultation with appropriate Federal agencies and relevant 
stakeholders, shall submit to the Committee on Energy 
and Natural Resources of the Senate and the Committee 
on Energy and Commerce of the House of Representatives 
a report on the impact of captured methane converted for 
energy and power generation on Federal lands, Federal 
buildings, and relevant municipalities that use such gen-
eration, and the return on investment and reduction in 
greenhouse gas emissions of utilizing such power genera-
tion. 
(b) CONTENTS.—The report shall include— 
(1) a summary of energy performance and sav-
ings resulting from the utilization of such power 
generation, including short-term and long-term (20 
years) projections of such savings; and 
(2) an analysis of the reduction in greenhouse 
emissions resulting from the utilization of such 
power generation. 
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CHAPTER 2—ENERGY EFFICIENT 
TECHNOLOGY AND MANUFACTURING 
SEC. 3121. INCLUSION OF SMART GRID CAPABILITY ON EN-
ERGY GUIDE LABELS. 
Section 324(a)(2) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6294(a)(2)) is amended by adding the 
following at the end: 
‘‘(J) SMART GRID CAPABILITY ON ENERGY 
GUIDE LABELS.— 
‘‘(i) RULE.—Not later than 1 year 
after the date of enactment of this sub-
paragraph, the Commission shall initiate a 
rulemaking to consider making a special 
note in a prominent manner on any En-
ergy Guide label for any product that in-
cludes Smart Grid capability that— 
‘‘(I) Smart Grid capability is a 
feature of that product; 
‘‘(II) the use and value of that 
feature depend on the Smart Grid ca-
pability of the utility system in which 
the product is installed and the active 
utilization of that feature by the cus-
tomer; and 
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‘‘(III) on a utility system with 
Smart Grid capability, the use of the 
product’s Smart Grid capability could 
reduce the customer’s cost of the 
product’s annual operation as a result 
of the incremental energy and elec-
tricity cost savings that would result 
from the customer taking full advan-
tage of such Smart Grid capability. 
‘‘(ii) DEADLINE.—Not later than 3 
years after the date of enactment of this 
subparagraph, the Commission shall com-
plete the rulemaking initiated under clause 
(i).’’. 
SEC. 3122. VOLUNTARY VERIFICATION PROGRAMS FOR AIR 
CONDITIONING, 
FURNACE, 
BOILER, 
HEAT 
PUMP, AND WATER HEATER PRODUCTS. 
Section 326(b) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6296(b)) is amended by adding at 
the end the following: 
‘‘(6) VOLUNTARY VERIFICATION PROGRAMS FOR 
AIR CONDITIONING, FURNACE, BOILER, HEAT PUMP, 
AND WATER HEATER PRODUCTS.— 
‘‘(A) RELIANCE
ON
VOLUNTARY
PRO-
GRAMS.—For the purpose of verifying compli-
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ance with energy conservation standards estab-
lished under sections 325 and 342 for covered 
products described in paragraphs (3), (4), (5), 
(9), and (11) of section 322(a) and covered 
equipment described in subparagraphs (B), (C), 
(D), (F), (I), (J), and (K) of section 340(1), 
the Secretary shall rely on testing conducted by 
recognized voluntary verification programs that 
are recognized by the Secretary in accordance 
with subparagraph (B). 
‘‘(B) 
RECOGNITION
OF
VOLUNTARY 
VERIFICATION PROGRAMS.— 
‘‘(i) IN
GENERAL.—Not later than 
180 days after the date of enactment of 
this paragraph, the Secretary shall initiate 
a negotiated rulemaking in accordance 
with subchapter III of chapter 5 of title 5, 
United States Code (commonly known as 
the ‘Negotiated Rulemaking Act of 1990’) 
to develop criteria that have consensus 
support for achieving recognition by the 
Secretary 
as 
an 
approved 
voluntary 
verification 
program. 
Any 
subsequent 
amendment to such criteria may be made 
only pursuant to a subsequent negotiated 
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rulemaking in accordance with subchapter 
III of chapter 5 of title 5, United States 
Code. 
‘‘(ii) MINIMUM REQUIREMENTS.—The 
criteria developed under clause (i) shall, at 
a minimum, ensure that a voluntary 
verification program— 
‘‘(I) is nationally recognized; 
‘‘(II) is operated by a third party 
and not directly operated by a pro-
gram participant; 
‘‘(III) satisfies any applicable ele-
ments of— 
‘‘(aa) International Organi-
zation for Standardization stand-
ard numbered 17025; and 
‘‘(bb) any other relevant 
International Organization for 
Standardization standards identi-
fied and agreed to through the 
negotiated 
rulemaking 
under 
clause (i); 
‘‘(IV) at least annually tests 
independently obtained products fol-
lowing the test procedures established 
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under this title to verify the certified 
rating of a representative sample of 
products and equipment within the 
scope of the program; 
‘‘(V) maintains a publicly avail-
able list of all ratings of products sub-
ject to verification; 
‘‘(VI) requires the changing of 
the performance rating or removal of 
the product or equipment from the 
program if testing determines that the 
performance rating does not meet the 
levels the manufacturer has certified 
to the Secretary; 
‘‘(VII) requires new program 
participants to substantiate ratings 
through test data generated in accord-
ance with Department of Energy reg-
ulations; 
‘‘(VIII) allows for challenge test-
ing of products and equipment within 
the scope of the program; 
‘‘(IX) requires program partici-
pants to disclose the performance rat-
ing of all covered products and equip-
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ment within the scope of the program 
for the covered product or equipment; 
‘‘(X) provides to the Secretary— 
‘‘(aa) an annual report of all 
test results, the contents of which 
shall be determined through the 
negotiated 
rulemaking 
process 
under clause (i); and 
‘‘(bb) test reports, on the re-
quest of the Secretary, that note 
any instructions specified by the 
manufacturer or the representa-
tive of the manufacturer for the 
purpose 
of 
conducting 
the 
verification testing; and 
‘‘(XI) satisfies any additional re-
quirements or standards that the Sec-
retary shall establish consistent with 
this subparagraph. 
‘‘(iii) CESSATION OF RECOGNITION.— 
The Secretary may only cease recognition 
of a voluntary verification program as an 
approved program described in subpara-
graph (A) upon a finding that the program 
is not meeting its obligations for compli-
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ance through program review criteria de-
veloped during the negotiated rulemaking 
conducted under subparagraph (B). 
‘‘(C) ADMINISTRATION.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall not require— 
‘‘(I) manufacturers to participate 
in a recognized voluntary verification 
program described in subparagraph 
(A); or 
‘‘(II) participating manufacturers 
to provide information that has al-
ready been provided to the Secretary. 
‘‘(ii) LIST OF COVERED PRODUCTS.— 
The Secretary may maintain a publicly 
available list of covered products and 
equipment 
that 
distinguishes 
between 
products that are and are not covered 
products and equipment verified through a 
recognized voluntary verification program 
described in subparagraph (A). 
‘‘(iii) PERIODIC VERIFICATION TEST-
ING.—The Secretary— 
‘‘(I) shall not subject products or 
equipment that have been verification 
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tested under a recognized voluntary 
verification program described in sub-
paragraph (A) to periodic verification 
testing to verify the accuracy of the 
certified performance rating of the 
products or equipment; but 
‘‘(II) may require testing of prod-
ucts or equipment described in sub-
clause (I)— 
‘‘(aa) if the testing is nec-
essary— 
‘‘(AA) to assess the 
overall performance of a vol-
untary verification program; 
‘‘(BB) to address spe-
cific performance issues; 
‘‘(CC) for use in updat-
ing 
test 
procedures 
and 
standards; or 
‘‘(DD) for other pur-
poses consistent with this 
title; or 
‘‘(bb) if such testing is 
agreed to during the negotiated 
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rulemaking conducted under sub-
paragraph (B). 
‘‘(D) EFFECT
ON
OTHER
AUTHORITY.— 
Nothing in this paragraph limits the authority 
of the Secretary to enforce compliance with any 
law.’’. 
SEC. 3123. FACILITATING CONSENSUS FURNACE STAND-
ARDS. 
(a) CONGRESSIONAL FINDINGS AND DECLARATION 
OF PURPOSE.— 
(1) FINDINGS.—Congress finds that— 
(A) acting pursuant to the requirements of 
section 325 of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6295), the Secretary of En-
ergy is considering amending the energy con-
servation standards applicable to residential 
nonweatherized gas furnaces and mobile home 
gas furnaces; 
(B) numerous stakeholders, representing 
manufacturers, distributors, and installers of 
residential nonweatherized gas furnaces and 
mobile home furnaces, natural gas utilities, 
home builders, multifamily property owners, 
and energy efficiency, environmental, and con-
sumer advocates have begun negotiations in an 
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attempt to agree on a consensus recommenda-
tion to the Secretary on levels for such stand-
ards that will meet the statutory criteria; and 
(C) the stakeholders believe these negotia-
tions are likely to result in a consensus rec-
ommendation, but several of the stakeholders 
do not support suspending the current rule-
making. 
(2) PURPOSE.—It is the purpose of this section 
to provide the stakeholders described in paragraph 
(1) with an opportunity to continue negotiations for 
a limited time period to facilitate the proposal for 
adoption of standards that enjoy consensus support, 
while not delaying the current rulemaking except to 
the extent necessary to provide such opportunity. 
(b) OPPORTUNITY
FOR
A NEGOTIATED FURNACE 
STANDARD.—Section 325(f)(4) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(f)(4)) is amended by 
adding after subparagraph (D) the following: 
‘‘(E)(i) Unless the Secretary has published such a no-
tice prior to the date of enactment of this Act, the Sec-
retary shall publish, not later than October 31, 2015, a 
supplemental notice of proposed rulemaking or a notice 
of data availability updating the proposed rule entitled 
‘Energy Conservation Program for Consumer Products: 
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Energy Conservation Standards for Residential Furnaces’ 
and published in the Federal Register on March 12, 2015 
(80 Fed. Reg. 13119), to provide notice and an oppor-
tunity for comment on— 
‘‘(I) dividing nonweatherized gas furnaces into 
two or more product classes with separate energy 
conservation standards based on capacity; and 
‘‘(II) any other matters the Secretary deter-
mines appropriate. 
‘‘(ii) On receipt of a statement that is submitted on 
or before January 1, 2016, jointly by interested persons 
that are fairly representative of relevant points of view, 
that contains recommended standards for nonweatherized 
gas furnaces and mobile home gas furnaces that are con-
sistent with the requirements of this part (except that the 
date on which such standards will apply may be earlier 
or later than the date required under this part), the Sec-
retary shall evaluate the standards proposed in the joint 
statement for consistency with the requirements of sub-
section (o), and shall publish notice of the potential adop-
tion of the standards proposed in the joint statement, 
modified as necessary to ensure consistency with sub-
section (o). The Secretary shall solicit public comment for 
a period of at least 30 days with respect to such notice. 
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‘‘(iii) Not later than July 31, 2016, but not before 
July 1, 2016, the Secretary shall publish a final rule con-
taining a determination of whether the standards for non-
weatherized gas furnaces and mobile home gas furnaces 
should be amended. Such rule shall contain any such 
amendments to the standards.’’. 
SEC. 3124. NO WARRANTY FOR CERTAIN CERTIFIED EN-
ERGY STAR PRODUCTS. 
Section 324A of the Energy Policy and Conservation 
Act (42 U.S.C. 6294a) is amended by adding at the end 
the following new subsection: 
‘‘(e) NO WARRANTY.— 
‘‘(1) IN GENERAL.—Any disclosure relating to 
participation of a product in the Energy Star pro-
gram shall not create an express or implied warranty 
or give rise to any private claims or rights of action 
under State or Federal law relating to the disquali-
fication of that product from Energy Star if— 
‘‘(A) the product has been certified by a 
certification body recognized by the Energy 
Star program; 
‘‘(B) the Administrator has approved cor-
rective measures, including a determination of 
whether or not consumer compensation is ap-
propriate; and 
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‘‘(C) the responsible party has fully com-
plied with all approved corrective measures. 
‘‘(2) CONSTRUAL.—Nothing in this subsection 
shall be construed to require the Administrator to 
modify any procedure or take any other action.’’. 
SEC. 3125. CLARIFICATION TO EFFECTIVE DATE FOR RE-
GIONAL STANDARDS. 
Section 325(o)(6)(E)(ii) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(o)(6)(E)(ii)) is amend-
ed by striking ‘‘installed’’ and inserting ‘‘manufactured or 
imported into the United States’’. 
SEC. 3126. INTERNET OF THINGS REPORT. 
The Secretary of Energy shall, not later than 18 
months after the date of enactment of this Act, report to 
the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Energy and 
Natural Resources of the Senate on the efforts made to 
take advantage of, and promote, the utilization of ad-
vanced technologies such as Internet of Things end-to-end 
platform solutions to provide real-time actionable analytics 
and enable predictive maintenance and asset management 
to improve energy efficiency wherever feasible. In doing 
so, the Secretary shall look to encourage and utilize Inter-
net of Things energy management solutions that have se-
curity tightly integrated into the hardware and software 
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from the outset. The Secretary shall also encourage the 
use of Internet of Things solutions that enable seamless 
connectivity and that are interoperable, open standards- 
based, and built on a repeatable foundation for ease of 
scalability. 
SEC. 3127. ENERGY SAVINGS FROM LUBRICATING OIL. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy, in cooperation with 
the Administrator of the Environmental Protection Agen-
cy and the Director of Management and Budget, shall— 
(1) review and update the report prepared pur-
suant to section 1838 of the Energy Policy Act of 
2005; 
(2) after consultation with relevant Federal, 
State, and local agencies and affected industry and 
stakeholder groups, update data that was used in 
preparing that report; and 
(3) prepare and submit to Congress a coordi-
nated Federal strategy to increase the beneficial 
reuse of used lubricating oil, that— 
(A) is consistent with national policy as es-
tablished pursuant to section 2 of the Used Oil 
Recycling Act of 1980 (Public Law 96–463); 
and 
(B) addresses measures needed to— 
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(i) increase the responsible collection 
of used oil; 
(ii) disseminate public information 
concerning sustainable reuse options for 
used oil; and 
(iii) promote sustainable reuse of used 
oil by Federal agencies, recipients of Fed-
eral grant funds, entities contracting with 
the Federal Government, and the general 
public. 
SEC. 3128. DEFINITION OF EXTERNAL POWER SUPPLY. 
Section 321(36)(A) of the Energy Policy and Con-
servation Act (42 U.S.C. 6291(36)(A)) is amended— 
(1) by striking the subparagraph designation 
and all that follows through ‘‘The term’’ and insert-
ing the following: 
‘‘(A) EXTERNAL POWER SUPPLY.— 
‘‘(i) IN GENERAL.—The term’’; and 
(2) by adding at the end the following: 
‘‘(ii) EXCLUSION.—The term ‘external 
power supply’ does not include a power 
supply circuit, driver, or device that is de-
signed exclusively to be connected to, and 
power— 
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‘‘(I) light-emitting diodes pro-
viding illumination; or 
‘‘(II) organic light-emitting di-
odes providing illumination.’’. 
SEC. 3129. STANDARDS FOR POWER SUPPLY CIRCUITS CON-
NECTED TO LEDS OR OLEDS. 
(a) IN GENERAL.—Section 325(u) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6295(u)) is amended 
by adding at the end the following: 
‘‘(6) POWER SUPPLY CIRCUITS CONNECTED TO 
LEDS OR OLEDS.—Notwithstanding the exclusion de-
scribed in section 321(36)(A)(ii), the Secretary may 
prescribe, in accordance with subsections (o) and (p) 
and section 322(b), an energy conservation standard 
for a power supply circuit, driver, or device that is 
designed primarily to be connected to, and power, 
light-emitting diodes or organic light-emitting diodes 
providing illumination.’’. 
(b) ENERGY CONSERVATION STANDARDS.—Section 
346 of the Energy Policy and Conservation Act (42 U.S.C. 
6317) is amended by adding at the end the following: 
‘‘(g) 
ENERGY
CONSERVATION
STANDARD
FOR 
POWER SUPPLY CIRCUITS CONNECTED
TO LEDS OR 
OLEDS.—Not earlier than 1 year after applicable testing 
requirements are prescribed under section 343, the Sec-
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retary may prescribe an energy conservation standard for 
a power supply circuit, driver, or device that is designed 
primarily to be connected to, and power, light-emitting di-
odes or organic light-emitting diodes providing illumina-
tion.’’. 
CHAPTER 3—SCHOOL BUILDINGS 
SEC. 3131. COORDINATION OF ENERGY RETROFITTING AS-
SISTANCE FOR SCHOOLS. 
Section 392 of the Energy Policy and Conservation 
Act (42 U.S.C. 6371a) is amended by adding at the end 
the following: 
‘‘(e) COORDINATION OF ENERGY RETROFITTING AS-
SISTANCE FOR SCHOOLS.— 
‘‘(1) 
DEFINITION
OF
SCHOOL.—Notwith-
standing section 391(6), for the purposes of this 
subsection, the term ‘school’ means— 
‘‘(A) an elementary school or secondary 
school (as defined in section 9101 of the Ele-
mentary and Secondary Education Act of 1965 
(20 U.S.C. 7801)); 
‘‘(B) an institution of higher education (as 
defined in section 102(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1002(a))); 
‘‘(C) a school of the defense dependents’ 
education system under the Defense Depend-
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ents’ Education Act of 1978 (20 U.S.C. 921 et 
seq.) or established under section 2164 of title 
10, United States Code; 
‘‘(D) a school operated by the Bureau of 
Indian Affairs; 
‘‘(E) a tribally controlled school (as de-
fined in section 5212 of the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2511)); and 
‘‘(F) a Tribal College or University (as de-
fined in section 316(b) of the Higher Education 
Act of 1965 (20 U.S.C. 1059c(b))). 
‘‘(2) ESTABLISHMENT
OF
CLEARINGHOUSE.— 
The Secretary, acting through the Office of Energy 
Efficiency and Renewable Energy, shall establish a 
clearinghouse to disseminate information regarding 
available Federal programs and financing mecha-
nisms that may be used to help initiate, develop, and 
finance energy efficiency, distributed generation, and 
energy retrofitting projects for schools. 
‘‘(3) REQUIREMENTS.—In carrying out para-
graph (2), the Secretary shall— 
‘‘(A) consult with appropriate Federal 
agencies to develop a list of Federal programs 
and financing mechanisms that are, or may be, 
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used for the purposes described in paragraph 
(2); and 
‘‘(B) coordinate with appropriate Federal 
agencies to develop a collaborative education 
and outreach effort to streamline communica-
tions and promote available Federal programs 
and financing mechanisms described in sub-
paragraph (A), which may include the develop-
ment and maintenance of a single online re-
source that includes contact information for rel-
evant technical assistance in the Office of En-
ergy Efficiency and Renewable Energy that 
States, local education agencies, and schools 
may use to effectively access and use such Fed-
eral programs and financing mechanisms.’’. 
CHAPTER 4—BUILDING ENERGY CODES 
SEC. 3141. GREATER ENERGY EFFICIENCY IN BUILDING 
CODES. 
(a) DEFINITIONS.—Section 303 of the Energy Con-
servation and Production Act (42 U.S.C. 6832), as 
amended by section 3116, is further amended— 
(1) by striking paragraph (14) and inserting 
the following: 
‘‘(14) MODEL BUILDING ENERGY CODE.—The 
term ‘model building energy code’ means a voluntary 
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building energy code or standard developed and up-
dated through a consensus process among interested 
persons, such as the IECC or ASHRAE Standard 
90.1 or a code used by other appropriate organiza-
tions regarding which the Secretary has issued a de-
termination that buildings subject to it would 
achieve greater energy efficiency than under a pre-
viously developed code.’’; and 
(2) by adding at the end the following: 
‘‘(18) ASHRAE STANDARD
90.1.—The term 
‘ASHRAE Standard 90.1’ means the American So-
ciety of Heating, Refrigerating and Air-Conditioning 
Engineers ANSI/ASHRAE/IES Standard 90/1 En-
ergy Standard for Buildings Except Low-Rise Resi-
dential Buildings. 
‘‘(19) COST-EFFECTIVE.—The term ‘cost-effec-
tive’ means having a simple payback of 10 years or 
less. 
‘‘(20) IECC.—The term ‘IECC’ means the 
International Energy Conservation Code as pub-
lished by the International Code Council. 
‘‘(21) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the 
Native American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4103). 
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‘‘(22) SIMPLE
PAYBACK.—The term ‘simple 
payback’ means the time in years that is required 
for energy savings to exceed the incremental first 
cost of a new requirement or code. 
‘‘(23) TECHNICALLY
FEASIBLE.—The term 
‘technically 
feasible’ 
means 
capable 
of 
being 
achieved, based on widely available appliances, 
equipment, technologies, materials, and construction 
practices.’’. 
(b) 
STATE
BUILDING
ENERGY
EFFICIENCY 
CODES.—Section 304 of the Energy Conservation and 
Production Act (42 U.S.C. 6833) is amended to read as 
follows: 
‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI-
CIENCY CODES. 
‘‘(a) IN GENERAL.—The Secretary shall provide tech-
nical assistance, as described in subsection (e), for the 
purposes of— 
‘‘(1) implementation of building energy codes 
by States, Indian tribes, and, as appropriate, by 
local governments, that are technically feasible and 
cost-effective; and 
‘‘(2) supporting full compliance with the State, 
tribal, and local codes. 
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‘‘(b) STATE AND INDIAN TRIBE CERTIFICATION OF 
BUILDING ENERGY CODE UPDATES.— 
‘‘(1) REVIEW
AND
UPDATING
OF
CODES
BY 
EACH STATE AND INDIAN TRIBE.— 
‘‘(A) IN GENERAL.—Not later than 3 years 
after the date on which a model building energy 
code is published, each State or Indian tribe 
shall certify whether or not the State or Indian 
tribe, respectively, has reviewed and updated 
the energy provisions of the building code of the 
State or Indian tribe, respectively. 
‘‘(B) DEMONSTRATION.—The certification 
shall include a statement of whether or not the 
energy savings for the code provisions that are 
in effect throughout the State or Indian tribal 
territory meet or exceed— 
‘‘(i) the energy savings of the most re-
cently published model building energy 
code; or 
‘‘(ii) the targets established under sec-
tion 307(b)(2). 
‘‘(C) NO MODEL BUILDING ENERGY CODE 
UPDATE.—If a model building energy code is 
not updated by a target date established under 
section 307(b)(2)(D), each State or Indian tribe 
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shall, not later than 3 years after the specified 
date, certify whether or not the State or Indian 
tribe, respectively, has reviewed and updated 
the energy provisions of the building code of the 
State or Indian tribe, respectively, to meet or 
exceed the target in section 307(b)(2). 
‘‘(2) VALIDATION
BY
SECRETARY.—Not later 
than 90 days after a State or Indian tribe certifi-
cation under paragraph (1), the Secretary shall— 
‘‘(A) determine whether the code provi-
sions of the State or Indian tribe, respectively, 
meet the criteria specified in paragraph (1); 
‘‘(B) determine whether the certification 
submitted by the State or Indian tribe, respec-
tively, is complete; and 
‘‘(C) if the requirements of subparagraph 
(B) are satisfied, validate the certification. 
‘‘(3) LIMITATION.—Nothing in this section 
shall be interpreted to require a State or Indian 
tribe to adopt any building code or provision within 
a code. 
‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH BUILD-
ING ENERGY CODES.— 
‘‘(1) REQUIREMENT.— 
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‘‘(A) IN GENERAL.—Not later than 3 years 
after the date of a certification under sub-
section (b), each State and Indian tribe shall 
certify whether or not the State or Indian tribe, 
respectively, has— 
‘‘(i) achieved full compliance under 
paragraph (3) with the applicable certified 
State or Indian tribe building energy code 
or with the associated model building en-
ergy code; or 
‘‘(ii) made significant progress under 
paragraph (4) toward achieving compliance 
with the applicable certified State or In-
dian tribe building energy code or with the 
associated model building energy code. 
‘‘(B) REPEAT
CERTIFICATIONS.—If the 
State or Indian tribe certifies progress toward 
achieving compliance, the State or Indian tribe 
shall repeat the certification until the State or 
Indian tribe certifies that the State or Indian 
tribe has achieved full compliance. 
‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer-
tification under paragraph (1) shall include docu-
mentation of the rate of compliance based on— 
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‘‘(A) inspections of a random sample of the 
buildings covered by the code in the preceding 
year; or 
‘‘(B) an alternative method that yields an 
accurate measure of compliance. 
‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State 
or Indian tribe shall be considered to achieve full 
compliance under paragraph (1) if— 
‘‘(A) at least 90 percent of building space 
covered by the code in the preceding year sub-
stantially meets all the requirements of the ap-
plicable code specified in paragraph (1), or 
achieves equivalent or greater energy savings 
level; or 
‘‘(B) the estimated excess energy use of 
buildings that did not meet the applicable code 
specified in paragraph (1) in the preceding 
year, compared to a baseline of comparable 
buildings that meet this code, is not more than 
5 percent of the estimated energy use of all 
buildings covered by this code during the pre-
ceding year. 
‘‘(4) 
SIGNIFICANT
PROGRESS
TOWARD 
ACHIEVEMENT OF COMPLIANCE.—A State or Indian 
tribe shall be considered to have made significant 
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progress toward achieving compliance for purposes 
of paragraph (1) if the State or Indian tribe— 
‘‘(A) has developed and is implementing a 
plan for achieving compliance during the 8-year 
period beginning on the date of enactment of 
this paragraph, including annual targets for 
compliance and active training and enforcement 
programs; and 
‘‘(B) has met the most recent target under 
subparagraph (A). 
‘‘(5) VALIDATION
BY
SECRETARY.—Not later 
than 90 days after a State or Indian tribe certifi-
cation under paragraph (1), the Secretary shall— 
‘‘(A) determine whether the State or In-
dian tribe has demonstrated meeting the cri-
teria of this subsection, including accurate 
measurement of compliance; 
‘‘(B) determine whether the certification 
submitted by the State or Indian tribe is com-
plete; and 
‘‘(C) if the requirements of subparagraph 
(B) are satisfied, validate the certification. 
‘‘(6) LIMITATION.—Nothing in this section 
shall be interpreted to require a State or Indian 
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tribe to adopt any building code or provision within 
a code. 
‘‘(d) STATES
OR INDIAN TRIBES THAT DO NOT 
ACHIEVE COMPLIANCE.— 
‘‘(1) REPORTING.—A State or Indian tribe that 
has not made a certification required under sub-
section (b) or (c) by the applicable deadline shall 
submit to the Secretary a report on the status of the 
State or Indian tribe with respect to meeting the re-
quirements and submitting the certification. 
‘‘(2) STATE
SOVEREIGNTY.—Nothing in this 
section shall be interpreted to require a State or In-
dian tribe to adopt any building code or provision 
within a code. 
‘‘(3) LOCAL
GOVERNMENT.—In any State or 
Indian tribe for which the Secretary has not vali-
dated a certification under subsection (b) or (c), a 
local government may be eligible for Federal support 
by meeting the certification requirements of sub-
sections (b) and (c). 
‘‘(4) ANNUAL REPORTS BY SECRETARY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
annually submit to Congress, and publish in the 
Federal Register, a report on— 
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‘‘(i) the status of model building en-
ergy codes; 
‘‘(ii) the status of code adoption and 
compliance in the States and Indian tribes; 
‘‘(iii) implementation of this section; 
and 
‘‘(iv) improvements in energy savings 
over time as a result of the targets estab-
lished under section 307(b)(2). 
‘‘(B) IMPACTS.—The report shall include 
estimates of impacts of past action under this 
section, and potential impacts of further action, 
on— 
‘‘(i) upfront financial and construction 
costs, cost benefits and returns (using a 
return on investment analysis), and life-
time energy use for buildings; 
‘‘(ii) resulting energy costs to individ-
uals and businesses; and 
‘‘(iii) resulting overall annual building 
ownership and operating costs. 
‘‘(e) TECHNICAL ASSISTANCE TO STATES AND IN-
DIAN TRIBES.— 
‘‘(1) IN GENERAL.—The Secretary shall, upon 
request, provide technical assistance to States and 
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Indian tribes to implement the goals and require-
ments of this section— 
‘‘(A) to implement State residential and 
commercial building energy codes; and 
‘‘(B) to document the rate of compliance 
with a building energy code. 
‘‘(2) TECHNICAL ASSISTANCE.—The assistance 
shall include, as requested by the State or Indian 
tribe, technical assistance in— 
‘‘(A) evaluating the energy savings of 
building energy codes; 
‘‘(B) assessing the economic consider-
ations, referenced in section 307(b)(4), of im-
plementing building energy codes; 
‘‘(C) building energy analysis and design 
tools; 
‘‘(D) energy simulation models; 
‘‘(E) building demonstrations; 
‘‘(F) developing the definitions of energy 
use intensity and building types for use in 
model building energy codes to evaluate the effi-
ciency impacts of the model building energy 
codes; and 
‘‘(G) complying with a performance-based 
pathway referenced in the model code. 
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‘‘(3) EXCLUSION.—For purposes of this section, 
‘technical assistance’ shall not include actions that 
promote or discourage the adoption of a particular 
building energy code, code provision, or energy sav-
ings target to a State or Indian tribe. 
‘‘(4) INFORMATION
QUALITY
AND
TRANS-
PARENCY.—For purposes of this section, information 
provided by the Secretary, attendant to any tech-
nical assistance provided to a State or Indian tribe, 
is ‘influential information’ and shall satisfy the 
guidelines established by the Office of Management 
and Budget and published at 67 Federal Register 
8,452 (February 22, 2002). 
‘‘(f) FEDERAL SUPPORT.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
support to States and Indian tribes— 
‘‘(A) to implement the reporting require-
ments of this section; and 
‘‘(B) to implement residential and commer-
cial building energy codes, including increasing 
and verifying compliance with the codes and 
training of State, tribal, and local building code 
officials to implement and enforce the codes. 
‘‘(2) EXCLUSION.—Support shall not be given 
to support adoption and implementation of model 
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building energy codes for which the Secretary has 
made a determination under section 307(g)(1)(C) 
that the code is not cost-effective. 
‘‘(3) TRAINING.—Support shall be offered to 
States to train State and local building code officials 
to implement and enforce codes described in para-
graph (1)(B). 
‘‘(4) LOCAL GOVERNMENTS.—States may work 
under this subsection with local governments that 
implement and enforce codes described in paragraph 
(1)(B). 
‘‘(g) VOLUNTARY PROGRAMS TO EXCEED MODEL 
BUILDING ENERGY CODE.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
technical assistance, as described in subsection (e), 
for the development of voluntary programs that ex-
ceed the model building energy codes for residential 
and commercial buildings for use as— 
‘‘(A) voluntary incentive programs adopted 
by local, tribal, or State governments; and 
‘‘(B) nonbinding guidelines for energy-effi-
cient building design. 
‘‘(2) TARGETS.—The voluntary programs de-
scribed in paragraph (1) shall be designed— 
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‘‘(A) to achieve substantial energy savings 
compared to the model building energy codes; 
and 
‘‘(B) to meet targets under section 307(b), 
if available, up to 3 to 6 years in advance of the 
target years. 
‘‘(h) STUDIES.— 
‘‘(1) GAO STUDY.— 
‘‘(A) IN GENERAL.—The Comptroller Gen-
eral of the United States shall conduct a study 
of the impacts of updating the national model 
building energy codes for residential and com-
mercial buildings. In conducting the study, the 
Comptroller General shall consider and report, 
at a minimum— 
‘‘(i) the actual energy consumption 
savings stemming from updated energy 
codes compared to the energy consumption 
savings predicted during code development; 
‘‘(ii) the actual consumer cost savings 
stemming from updated energy codes com-
pared to predicted consumer cost savings; 
and 
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‘‘(iii) an accounting of expenditures of 
the Federal funds under each program au-
thorized by this title. 
‘‘(B) REPORT
TO
CONGRESS.—Not later 
than 3 years after the date of enactment of the 
North American Energy Security and Infra-
structure Act of 2015, the Comptroller General 
of the United States shall submit a report to 
the Committee on Energy and Natural Re-
sources of the Senate and the Committee on 
Energy and Commerce of the House of Rep-
resentatives including the study findings and 
conclusions. 
‘‘(2) FEASIBILITY STUDY.—The Secretary, in 
consultation with building science experts from the 
National Laboratories and institutions of higher 
education, designers and builders of energy-efficient 
residential and commercial buildings, code officials, 
and other stakeholders, shall undertake a study of 
the feasibility, impact, economics, and merit of— 
‘‘(A) code improvements that would require 
that buildings be designed, sited, and con-
structed in a manner that makes the buildings 
more adaptable in the future to become zero- 
net-energy after initial construction, as ad-
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vances are achieved in energy-saving tech-
nologies; 
‘‘(B) code procedures to incorporate a ten- 
year payback, not just first-year energy use, in 
trade-offs and performance calculations; and 
‘‘(C) legislative options for increasing en-
ergy savings from building energy codes, includ-
ing additional incentives for effective State and 
local verification of compliance with and en-
forcement of a code. 
‘‘(3) ENERGY DATA IN MULTITENANT BUILD-
INGS.—The Secretary, in consultation with appro-
priate representatives of the utility, utility regu-
latory, building ownership, and other stakeholders, 
shall— 
‘‘(A) undertake a study of best practices 
regarding delivery of aggregated energy con-
sumption information to owners and managers 
of residential and commercial buildings with 
multiple tenants and uses; and 
‘‘(B) consider the development of a memo-
randum of understanding between and among 
affected stakeholders to reduce barriers to the 
delivery of aggregated energy consumption in-
formation to such owners and managers. 
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‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this sec-
tion or section 307 supersedes or modifies the application 
of sections 321 through 346 of the Energy Policy and 
Conservation Act (42 U.S.C. 6291 et seq.). 
‘‘(j) FUNDING
LIMITATIONS.—No Federal funds 
shall be— 
‘‘(1) used to support actions by the Secretary, 
or States, to promote or discourage the adoption of 
a particular building energy code, code provision, or 
energy saving target to a State or Indian tribe; or 
‘‘(2) provided to private third parties or non- 
governmental organizations to engage in such activi-
ties.’’. 
(c) FEDERAL
BUILDING
ENERGY
EFFICIENCY 
STANDARDS.—Section 305 of the Energy Conservation 
and Production Act (42 U.S.C. 6834) is amended by strik-
ing ‘‘voluntary building energy code’’ in subsections 
(a)(2)(B) and (b) and inserting ‘‘model building energy 
code’’. 
(d) MODEL BUILDING ENERGY CODES.— 
(1) AMENDMENT.—Section 307 of the Energy 
Conservation and Production Act (42 U.S.C. 6836) 
is amended to read as follows: 
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‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY 
CODES. 
‘‘(a) IN GENERAL.—The Secretary shall provide tech-
nical assistance, as described in subsection (c), for updat-
ing of model building energy codes. 
‘‘(b) TARGETS.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
technical assistance, for updating the model building 
energy codes. 
‘‘(2) TARGETS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide technical assistance to States, Indian 
tribes, local governments, nationally recognized 
code and standards developers, and other inter-
ested parties for updating of model building en-
ergy codes by establishing one or more aggre-
gate energy savings targets through rulemaking 
in accordance with section 553 of title 5, 
United States Code, to achieve the purposes of 
this section. 
‘‘(B) SEPARATE TARGETS.—Separate tar-
gets may be established for commercial and res-
idential buildings. 
‘‘(C) BASELINES.—The baseline for updat-
ing model building energy codes shall be the 
2009 IECC for residential buildings and 
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ASHRAE Standard 90.1–2010 for commercial 
buildings. 
‘‘(D) SPECIFIC YEARS.— 
‘‘(i) IN GENERAL.—Targets for spe-
cific years shall be established and revised 
by the Secretary through rulemaking in ac-
cordance with section 553 of title 5, 
United States Code, and coordinated with 
nationally recognized code and standards 
developers at a level that— 
‘‘(I) is at the maximum level of 
energy efficiency that is technically 
feasible and cost effective, while ac-
counting for the economic consider-
ations under paragraph (4); and 
‘‘(II) promotes the achievement 
of commercial and residential high 
performance buildings through high 
performance energy efficiency (within 
the meaning of section 401 of the En-
ergy Independence and Security Act 
of 2007 (42 U.S.C. 17061)). 
‘‘(ii) INITIAL
TARGETS.—Not later 
than 1 year after the date of enactment of 
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this clause, the Secretary shall establish 
initial targets under this subparagraph. 
‘‘(iii) DIFFERENT
TARGET
YEARS.— 
Subject to clause (i), prior to the applica-
ble year, the Secretary may set a later tar-
get year for any of the model building en-
ergy codes described in subparagraph (A) 
if the Secretary determines that a target 
cannot be met. 
‘‘(E) 
SMALL
BUSINESS.—When 
estab-
lishing targets under this paragraph through 
rulemaking, the Secretary shall ensure compli-
ance with the Small Business Regulatory En-
forcement Fairness Act of 1996 (5 U.S.C. 601 
note; Public Law 104–121) for any indirect eco-
nomic effect on small entities that is reasonably 
foreseeable and a result of such rule. 
‘‘(3) APPLIANCE STANDARDS AND OTHER FAC-
TORS AFFECTING BUILDING ENERGY USE.—In es-
tablishing energy savings targets under paragraph 
(2), the Secretary shall develop and adjust the tar-
gets in recognition of potential savings and costs re-
lating to— 
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‘‘(A) efficiency gains made in appliances, 
lighting, windows, insulation, and building enve-
lope sealing; 
‘‘(B) advancement of distributed genera-
tion and on-site renewable power generation 
technologies; 
‘‘(C) equipment improvements for heating, 
cooling, and ventilation systems and water heat-
ing systems; 
‘‘(D) building management systems and 
smart grid technologies to reduce energy use; 
and 
‘‘(E) other technologies, practices, and 
building systems regarding building plug load 
and other energy uses. 
In developing and adjusting the targets, the Sec-
retary shall use climate zone weighted averages for 
equipment efficiency for heating, cooling, ventilation, 
and water heating systems, using equipment that is 
actually installed. 
‘‘(4) ECONOMIC
CONSIDERATIONS.—In estab-
lishing and revising energy savings targets under 
paragraph (2), the Secretary shall consider the eco-
nomic feasibility of achieving the proposed targets 
established under this section and the potential costs 
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and savings for consumers and building owners, by 
conducting a return on investment analysis, using a 
simple payback methodology over a 3-, 5-, and 7- 
year period. The Secretary shall not propose or pro-
vide technical or financial assistance for any code, 
provision in the code, or energy target, or amend-
ment thereto, that has a payback greater than 10 
years. 
‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING 
ENERGY CODE-SETTING AND STANDARD DEVELOPMENT 
ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall, on a 
timely basis, provide technical assistance to model 
building energy code-setting and standard develop-
ment organizations consistent with the goals of this 
section. 
‘‘(2) TECHNICAL ASSISTANCE.—The assistance 
shall include, as requested by the organizations, 
technical assistance in— 
‘‘(A) evaluating the energy savings of 
building energy codes; 
‘‘(B) assessing the economic consider-
ations, under subsection (b)(4), of code or 
standards proposals or revisions; 
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‘‘(C) building energy analysis and design 
tools; 
‘‘(D) energy simulation models; 
‘‘(E) building demonstrations; 
‘‘(F) developing definitions of energy use 
intensity and building types for use in model 
building energy codes to evaluate the efficiency 
impacts of the model building energy codes; 
‘‘(G) developing a performance-based path-
way for compliance; 
‘‘(H) developing model building energy 
codes by Indian tribes in accordance with tribal 
law; and 
‘‘(I) code development meetings, including 
through direct Federal employee participation 
in committee meetings, hearings and online 
communication, voting, and presenting research 
and technical or economic analyses during such 
meetings. 
‘‘(3) EXCLUSION.—Except as provided in para-
graph (2)(I), for purposes of this section, ‘technical 
assistance’ shall not include actions that promote or 
discourage the adoption of a particular building en-
ergy code, code provision, or energy savings target. 
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‘‘(4) INFORMATION
QUALITY
AND
TRANS-
PARENCY.—For purposes of this section, information 
provided by the Secretary, attendant to development 
of any energy savings targets, is influential informa-
tion and shall satisfy the guidelines established by 
the Office of Management and Budget and published 
at 67 Federal Register 8,452 (February 22, 2002). 
‘‘(d) AMENDMENT PROPOSALS.— 
‘‘(1) IN GENERAL.—The Secretary may submit 
timely model building energy code amendment pro-
posals that are technically feasible, cost-effective, 
and technology-neutral to the model building energy 
code-setting and standard development organiza-
tions, with supporting evidence, sufficient to enable 
the model building energy codes to meet the targets 
established under subsection (b)(2). 
‘‘(2) PROCESS AND FACTORS.—All amendment 
proposals submitted by the Secretary shall be pub-
lished in the Federal Register and made available on 
the Department of Energy website 90 days prior to 
any submittal to a code development body, and shall 
be subject to a public comment period of not less 
than 60 days. Information provided by the Sec-
retary, attendant to submission of any amendment 
proposals, is influential information and shall satisfy 
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the guidelines established by the Office of Manage-
ment and Budget and published at 67 Federal Reg-
ister 8,452 (February 22, 2002). When calculating 
the costs and benefits of an amendment, the Sec-
retary shall use climate zone weighted averages for 
equipment efficiency for heating, cooling, ventilation, 
and water heating systems, using equipment that is 
actually installed. 
‘‘(e) ANALYSIS METHODOLOGY.—The Secretary shall 
make publicly available the entire calculation methodology 
(including input assumptions and data) used by the Sec-
retary to estimate the energy savings of code or standard 
proposals and revisions. 
‘‘(f) METHODOLOGY DEVELOPMENT.—The Secretary 
shall establish a methodology for evaluating cost effective-
ness of energy code changes in multifamily buildings that 
incorporates economic parameters representative of typical 
multifamily buildings. 
‘‘(g) DETERMINATION.— 
‘‘(1) REVISION OF MODEL BUILDING ENERGY 
CODES.—If the provisions of the IECC or ASHRAE 
Standard 90.1 regarding building energy use are re-
vised, the Secretary shall make a preliminary deter-
mination not later than 90 days after the date of the 
revision, and a final determination not later than 15 
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months after the date of the revision, on whether or 
not the revision— 
‘‘(A) improves energy efficiency in build-
ings compared to the existing IECC or 
ASHRAE Standard 90.1, as applicable; 
‘‘(B) meets the applicable targets under 
subsection (b)(2); and 
‘‘(C) is technically feasible and cost-effec-
tive. 
‘‘(2) CODES OR STANDARDS NOT MEETING CRI-
TERIA.— 
‘‘(A) IN
GENERAL.—If the Secretary 
makes a preliminary determination under para-
graph (1)(B) that a revised IECC or ASHRAE 
Standard 90.1 does not meet the targets estab-
lished under subsection (b)(2), is not technically 
feasible, or is not cost-effective, the Secretary 
may at the same time provide technical assist-
ance, as described in subsection (c), to the 
International Code Council or ASHRAE, as ap-
plicable, with proposed changes that would re-
sult in a model building energy code or stand-
ard that meets the criteria, and with supporting 
evidence. Proposed changes submitted by the 
Secretary shall be published in the Federal 
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Register and made available on the Department 
of Energy website 90 days prior to any sub-
mittal to a code development body, and shall be 
subject to a public comment period of not less 
than 60 days. Information provided by the Sec-
retary, attendant to submission of any amend-
ment proposals, is influential information and 
shall satisfy the guidelines established by the 
Office of Management and Budget and pub-
lished at 67 Federal Register 8,452 (February 
22, 2002). 
‘‘(B) INCORPORATION OF CHANGES.— 
‘‘(i) IN GENERAL.—On receipt of the 
technical assistance, as described in sub-
section (c), the International Code Council 
or ASHRAE, as applicable, shall, prior to 
the Secretary making a final determination 
under paragraph (1), have an additional 
270 days to accept or reject the proposed 
changes made by the Secretary to the 
model building energy code or standard. 
‘‘(ii) 
FINAL
DETERMINATION.—A 
final determination under paragraph (1) 
shall be on the final revised model building 
energy code or standard. 
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‘‘(h) ADMINISTRATION.—In carrying out this section, 
the Secretary shall— 
‘‘(1) publish notice of targets, amendment pro-
posals and supporting analysis and determinations 
under this section in the Federal Register to provide 
an explanation of and the basis for such actions, in-
cluding any supporting modeling, data, assumptions, 
protocols, and cost-benefit analysis, including return 
on investment; 
‘‘(2) provide an opportunity for public comment 
on targets and supporting analysis and determina-
tions under this section, in accordance with section 
553 of title 5, United States Code; and 
‘‘(3) provide an opportunity for public comment 
on amendment proposals. 
‘‘(i) VOLUNTARY CODES
AND STANDARDS.—Not 
withstanding any other provision of this section, any 
model building code or standard established under this 
section shall not be binding on a State, local government, 
or Indian tribe as a matter of Federal law.’’. 
(2) CONFORMING AMENDMENT.—The item re-
lating to section 307 in the table of contents for the 
Energy Conservation and Production Act is amend-
ed to read as follows: 
‘‘Sec. 307. Support for model building energy codes.’’. 
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SEC. 3142. VOLUNTARY NATURE OF BUILDING ASSET RAT-
ING PROGRAM. 
(a) IN GENERAL.—Any program of the Secretary of 
Energy that may enable the owner of a commercial build-
ing or a residential building to obtain a rating, score, or 
label regarding the actual or anticipated energy usage or 
performance of a building shall be made available on a 
voluntary, optional, and market-driven basis. 
(b) DISCLAIMER AS TO REGULATORY INTENT.—In-
formation disseminated by the Secretary of Energy re-
garding the program described in subsection (a), including 
any information made available by the Secretary on a 
website, shall include language plainly stating that such 
program is not developed or intended to be the basis for 
a regulatory program by a Federal, State, local, or munic-
ipal government body. 
CHAPTER 5—EPCA TECHNICAL 
CORRECTIONS AND CLARIFICATIONS 
SEC. 3151. MODIFYING PRODUCT DEFINITIONS. 
(a) AUTHORITY TO MODIFY DEFINITIONS.— 
(1) COVERED PRODUCTS.—Section 322 of the 
Energy Policy and Conservation Act (42 U.S.C. 
6292) is amended by adding at the end the fol-
lowing: 
‘‘(c) MODIFYING DEFINITIONS OF COVERED PROD-
UCTS.— 
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‘‘(1) IN GENERAL.—For any covered product 
for which a definition is provided in section 321, the 
Secretary may, by rule, unless prohibited herein, 
modify such definition in order to— 
‘‘(A) address significant changes in the 
product or the market occurring since the defi-
nition was established; and 
‘‘(B) better enable improvements in the en-
ergy efficiency of the product as part of an en-
ergy using system. 
‘‘(2) ANTIBACKSLIDING
EXEMPTION.—Section 
325(o)(1) shall not apply to adjustments to covered 
product definitions made pursuant to this sub-
section. 
‘‘(3) PROCEDURE
FOR
MODIFYING
DEFINI-
TION.— 
‘‘(A) IN GENERAL.—Notice of any adjust-
ment to the definition of a covered product and 
an explanation of the reasons therefor shall be 
published in the Federal Register and oppor-
tunity provided for public comment. 
‘‘(B) 
CONSENSUS
REQUIRED.—Any 
amendment to the definition of a covered prod-
uct under this subsection must have consensus 
support, as reflected in— 
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‘‘(i) the outcome of negotiations con-
ducted in accordance with the subchapter 
III of chapter 5 of title 5, United States 
Code (commonly known as the ‘Negotiated 
Rulemaking Act of 1990’); or 
‘‘(ii) the Secretary’s receipt of a state-
ment that is submitted jointly by inter-
ested persons that are fairly representative 
of relevant points of view (including rep-
resentatives of manufacturers of covered 
products, States, and efficiency advocates), 
as determined by the Secretary, which con-
tains a recommended modified definition 
for a covered product. 
‘‘(4) EFFECT OF A MODIFIED DEFINITION.— 
‘‘(A) IN GENERAL.—For any type or class 
of consumer product which becomes a covered 
product pursuant to this subsection— 
‘‘(i) the Secretary may establish test 
procedures for such type or class of cov-
ered product pursuant to section 323 and 
energy conservation standards pursuant to 
section 325(l); 
‘‘(ii) the Commission may prescribe 
labeling rules pursuant to section 324 if 
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the Commission determines that labeling in 
accordance with that section is techno-
logically and economically feasible and like-
ly to assist consumers in making pur-
chasing decisions; 
‘‘(iii) section 327 shall begin to apply 
to such type or class of covered product in 
accordance with section 325(ii)(1); and 
‘‘(iv) standards previously promul-
gated under section 325 shall not apply to 
such type or class of product. 
‘‘(B) APPLICABILITY.—For any type or 
class of consumer product which ceases to be a 
covered product pursuant to this subsection, the 
provisions of this part shall no longer apply to 
the type or class of consumer product.’’. 
(2) COVERED EQUIPMENT.—Section 341 of the 
Energy Policy and Conservation Act (42 U.S.C. 
6312) is amended by adding at the end the fol-
lowing: 
‘‘(d) MODIFYING DEFINITIONS OF COVERED EQUIP-
MENT.— 
‘‘(1) IN GENERAL.—For any covered equipment 
for which a definition is provided in section 340, the 
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Secretary may, by rule, unless prohibited herein, 
modify such definition in order to— 
‘‘(A) address significant changes in the 
product or the market occurring since the defi-
nition was established; and 
‘‘(B) better enable improvements in the en-
ergy efficiency of the equipment as part of an 
energy using system. 
‘‘(2) ANTIBACKSLIDING
EXEMPTION.—Section 
325(o)(1) shall not apply to adjustments to covered 
equipment definitions made pursuant to this sub-
section. 
‘‘(3) PROCEDURE
FOR
MODIFYING
DEFINI-
TION.— 
‘‘(A) IN GENERAL.—Notice of any adjust-
ment to the definition of a type of covered 
equipment and an explanation of the reasons 
therefor shall be published in the Federal Reg-
ister and opportunity provided for public com-
ment. 
‘‘(B) 
CONSENSUS
REQUIRED.—Any 
amendment to the definition of a type of cov-
ered equipment under this subsection must have 
consensus support, as reflected in— 
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‘‘(i) the outcome of negotiations con-
ducted in accordance with the subchapter 
III of chapter 5 of title 5, United States 
Code (commonly known as the ‘Negotiated 
Rulemaking Act of 1990’); or 
‘‘(ii) the Secretary’s receipt of a state-
ment that is submitted jointly by inter-
ested persons that are fairly representative 
of relevant points of view (including rep-
resentatives of manufacturers of covered 
equipment, States, and efficiency advo-
cates), as determined by the Secretary, 
which contains a recommended modified 
definition for a type of covered equipment. 
‘‘(4) EFFECT OF A MODIFIED DEFINITION.— 
‘‘(A) For any type or class of equipment 
which becomes covered equipment pursuant to 
this subsection— 
‘‘(i) the Secretary may establish test 
procedures for such type or class of cov-
ered equipment pursuant to section 343 
and energy conservation standards pursu-
ant to section 325(l); 
‘‘(ii) the Secretary may prescribe la-
beling rules pursuant to section 344 if the 
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Secretary determines that labeling in ac-
cordance with that section is techno-
logically and economically feasible and like-
ly to assist purchasers in making pur-
chasing decisions; 
‘‘(iii) section 327 shall begin to apply 
to such type or class of covered equipment 
in accordance with section 325(ii)(1); and 
‘‘(iv) standards previously promul-
gated under section 325, 342, or 346 shall 
not apply to such type or class of covered 
equipment. 
‘‘(B) For any type or class of equipment 
which ceases to be covered equipment pursuant 
to this subsection the provisions of this part 
shall no longer apply to the type or class of 
equipment.’’. 
(b) CONFORMING AMENDMENTS PROVIDING FOR JU-
DICIAL REVIEW.— 
(1) Section 336 of the Energy Policy and Con-
servation Act (42 U.S.C. 6306) is amended by strik-
ing ‘‘section 323,’’ each place it appears and insert-
ing ‘‘section 322, 323,’’; and 
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(2) Section 345(a)(1) of the Energy Policy and 
Conservation Act (42 U.S.C. 6316(a)(1)) is amend-
ed to read as follows: 
‘‘(1) the references to sections 322, 323, 324, 
and 325 of this Act shall be considered as references 
to sections 341, 343, 344, and 342 of this Act, re-
spectively;’’. 
SEC. 3152. CLARIFYING RULEMAKING PROCEDURES. 
(a) COVERED PRODUCTS.—Section 325(p) of the En-
ergy Policy and Conservation Act (42 U.S.C. 6295(p)) is 
amended— 
(1) by redesignating paragraphs (1), (2), (3), 
and (4) as paragraphs (2), (3), (5), and (6), respec-
tively; 
(2) by inserting before paragraph (2) (as so re-
designated by paragraph (1) of this subsection) the 
following: 
‘‘(1) The Secretary shall provide an opportunity 
for public input prior to the issuance of a proposed 
rule, seeking information— 
‘‘(A) identifying and commenting on design 
options; 
‘‘(B) on the existence of and opportunities 
for voluntary nonregulatory actions; and 
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‘‘(C) identifying significant subgroups of 
consumers and manufacturers that merit anal-
ysis.’’; 
(3) in paragraph (3) (as so redesignated by 
paragraph (1) of this subsection)— 
(A) in subparagraph (C), by striking 
‘‘and’’ after ‘‘adequate;’’; 
(B) in subparagraph (D), by striking 
‘‘standard.’’ and inserting ‘‘standard;’’; and 
(C) by adding at the end the following new 
subparagraphs: 
‘‘(E) whether the technical and economic 
analytical assumptions, methods, and models 
used to justify the standard to be prescribed 
are— 
‘‘(i) justified; and 
‘‘(ii) available and accessible for pub-
lic review, analysis, and use; and 
‘‘(F) the cumulative regulatory impacts on 
the manufacturers of the product, taking into 
account— 
‘‘(i) other government standards af-
fecting energy use; and 
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‘‘(ii) other energy conservation stand-
ards affecting the same manufacturers.’’; 
and 
(4) by inserting after paragraph (3) (as so re-
designated by paragraph (1) of this subsection) the 
following: 
‘‘(4) 
RESTRICTION
ON
TEST
PROCEDURE 
AMENDMENTS.— 
‘‘(A) IN GENERAL.—Any proposed energy 
conservation standards rule shall be based on 
the final test procedure which shall be used to 
determine compliance, and the public comment 
period on the proposed standards shall conclude 
no sooner than 180 days after the date of publi-
cation of a final rule revising the test proce-
dure. 
‘‘(B) EXCEPTION.—The Secretary may 
propose or prescribe an amendment to the test 
procedures issued pursuant to section 323 for 
any type or class of covered product after the 
issuance of a notice of proposed rulemaking to 
prescribe an amended or new energy conserva-
tion standard for that type or class of covered 
product, but before the issuance of a final rule 
prescribing any such standard, if— 
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‘‘(i) the amendments to the test pro-
cedure have consensus support achieved 
through a rulemaking conducted in accord-
ance with the subchapter III of chapter 5 
of title 5, United States Code (commonly 
known as the ‘Negotiated Rulemaking Act 
of 1990’); or 
‘‘(ii) the Secretary receives a state-
ment that is submitted jointly by inter-
ested persons that are fairly representative 
of relevant points of view (including rep-
resentatives of manufacturers of the type 
or class of covered product, States, and ef-
ficiency advocates), as determined by the 
Secretary, which contains a recommenda-
tion that a supplemental notice of proposed 
rulemaking is not necessary for the type or 
class of covered product.’’. 
(b) CONFORMING AMENDMENT.—Section 345(b)(1) 
of the Energy Policy and Conservation Act (42 U.S.C. 
6316(b)(1)) is amended by striking ‘‘section 325(p)(4),’’ 
and inserting ‘‘section 325(p)(3), (4), and (6),’’. 
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CHAPTER 6—ENERGY AND WATER 
EFFICIENCY 
SEC. 3161. SMART ENERGY AND WATER EFFICIENCY PILOT 
PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a utility; 
(B) a municipality; 
(C) a water district; and 
(D) any other authority that provides 
water, wastewater, or water reuse services. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(3) SMART ENERGY AND WATER EFFICIENCY 
PILOT
PROGRAM.—The term ‘‘smart energy and 
water efficiency pilot program’’ or ‘‘pilot program’’ 
means the pilot program established under sub-
section (b). 
(b) SMART ENERGY AND WATER EFFICIENCY PILOT 
PROGRAM.— 
(1) IN GENERAL.—The Secretary shall establish 
and carry out a smart energy and water efficiency 
management pilot program in accordance with this 
section. 
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(2) PURPOSE.—The purpose of the smart en-
ergy and water efficiency pilot program is to award 
grants to eligible entities to demonstrate advanced 
and innovative technology-based solutions that will— 
(A) increase and improve the energy effi-
ciency of water, wastewater, and water reuse 
systems to help communities across the United 
States make significant progress in conserving 
water, saving energy, and reducing costs; 
(B) support the implementation of innova-
tive processes and the installation of advanced 
automated systems that provide real-time data 
on energy and water; and 
(C) improve energy and water conserva-
tion, water quality, and predictive maintenance 
of energy and water systems, through the use 
of Internet-connected technologies, including 
sensors, intelligent gateways, and security em-
bedded in hardware. 
(3) PROJECT SELECTION.— 
(A) IN
GENERAL.—The Secretary shall 
make competitive, merit-reviewed grants under 
the pilot program to not less than 3, but not 
more than 5, eligible entities. 
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(B) SELECTION CRITERIA.—In selecting an 
eligible entity to receive a grant under the pilot 
program, the Secretary shall consider— 
(i) energy and cost savings anticipated 
to result from the project; 
(ii) the innovative nature, commercial 
viability, and reliability of the technology 
to be used; 
(iii) the degree to which the project 
integrates next-generation sensors, soft-
ware, hardware, analytics, and manage-
ment tools; 
(iv) the anticipated cost effectiveness 
of the pilot project in terms of energy effi-
ciency savings, water savings or reuse, and 
infrastructure costs averted; 
(v) whether the technology can be de-
ployed in a variety of geographic regions 
and the degree to which the technology can 
be implemented on a smaller or larger 
scale, including whether the technology can 
be implemented by each type of eligible en-
tity; 
(vi) whether the technology has been 
successfully deployed elsewhere; 
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(vii) whether the technology is sourced 
from a manufacturer based in the United 
States; and 
(viii) whether the project will be com-
pleted in 5 years or less. 
(C) APPLICATIONS.— 
(i) IN
GENERAL.—Subject to clause 
(ii), an eligible entity seeking a grant 
under the pilot program shall submit to 
the Secretary an application at such time, 
in such manner, and containing such infor-
mation as the Secretary determines to be 
necessary. 
(ii) CONTENTS.—An application under 
clause (i) shall, at a minimum, include— 
(I) a description of the project; 
(II) a description of the tech-
nology to be used in the project; 
(III) the anticipated results, in-
cluding energy and water savings, of 
the project; 
(IV) a comprehensive budget for 
the project; 
(V) the names of the project lead 
organization and any partners; 
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(VI) the number of users to be 
served by the project; and 
(VII) any other information that 
the Secretary determines to be nec-
essary to complete the review and se-
lection of a grant recipient. 
(4) ADMINISTRATION.— 
(A) IN
GENERAL.—Not later than 300 
days after the date of enactment of this Act, 
the Secretary shall select grant recipients under 
this section. 
(B) EVALUATIONS.—The Secretary shall 
annually carry out an evaluation of each project 
for which a grant is provided under this section 
that— 
(i) evaluates the progress and impact 
of the project; and 
(ii) assesses the degree to which the 
project is meeting the goals of the pilot 
program. 
(C) TECHNICAL
AND
POLICY
ASSIST-
ANCE.—On the request of a grant recipient, the 
Secretary shall provide technical and policy as-
sistance to the grant recipient to carry out the 
project. 
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(D) BEST
PRACTICES.—The Secretary 
shall make available to the public— 
(i) a copy of each evaluation carried 
out under subparagraph (B); and 
(ii) a description of any best practices 
identified by the Secretary as a result of 
those evaluations. 
(E) REPORT
TO
CONGRESS.—The Sec-
retary shall submit to Congress a report con-
taining the results of each evaluation carried 
out under subparagraph (B). 
(c) FUNDING.—To carry out this section, the Sec-
retary is authorized to use not more than $15,000,000, 
to the extent provided in advance in appropriation Acts. 
SEC. 3162. WATERSENSE. 
(a) IN GENERAL.—The Energy Policy and Conserva-
tion Act (42 U.S.C. 6201 et seq.) is amended by adding 
after section 324A the following: 
‘‘SEC. 324B. WATERSENSE. 
‘‘(a) WATERSENSE.— 
‘‘(1) IN GENERAL.—There is established within 
the Environmental Protection Agency a voluntary 
program, to be entitled ‘WaterSense’, to identify 
water efficient products, buildings, landscapes, facili-
ties, processes, and services that sensibly— 
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‘‘(A) reduce water use; 
‘‘(B) reduce the strain on public and com-
munity water systems and wastewater and 
stormwater infrastructure; 
‘‘(C) conserve energy used to pump, heat, 
transport, and treat water; and 
‘‘(D) preserve water resources for future 
generations, through voluntary labeling of, or 
other forms of communications about, products, 
buildings, landscapes, facilities, processes, and 
services while still meeting strict performance 
criteria. 
‘‘(2) DUTIES.—The Administrator, coordinating 
as appropriate with the Secretary of Energy, shall— 
‘‘(A) establish— 
‘‘(i) a WaterSense label to be used for 
items meeting the certification criteria es-
tablished in this section; and 
‘‘(ii) the procedure, including the 
methods and means, by which an item may 
be certified to display the WaterSense 
label; 
‘‘(B) conduct a public awareness education 
campaign regarding the WaterSense label; 
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‘‘(C) 
preserve 
the 
integrity 
of 
the 
WaterSense label by— 
‘‘(i) establishing and maintaining fea-
sible performance criteria so that products, 
buildings, landscapes, facilities, processes, 
and services labeled with the WaterSense 
label perform as well or better than less 
water-efficient counterparts; 
‘‘(ii) overseeing WaterSense certifi-
cations made by third parties; 
‘‘(iii) using testing protocols, from the 
appropriate, applicable, and relevant con-
sensus standards, for the purpose of deter-
mining standards compliance; and 
‘‘(iv) 
auditing 
the 
use 
of 
the 
WaterSense label in the marketplace and 
preventing cases of misuse; and 
‘‘(D) not more often than every six years, 
review and, if appropriate, update WaterSense 
criteria for the defined categories of water-effi-
cient product, building, landscape, process, or 
service, including— 
‘‘(i) providing reasonable notice to in-
terested parties and the public of any such 
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changes, including effective dates, and an 
explanation of the changes; 
‘‘(ii) soliciting comments from inter-
ested parties and the public prior to any 
such changes; 
‘‘(iii) as appropriate, responding to 
comments submitted by interested parties 
and the public; and 
‘‘(iv) providing an appropriate transi-
tion time prior to the applicable effective 
date of any such changes, taking into ac-
count the timing necessary for the manu-
facture, marketing, training, and distribu-
tion of the specific water-efficient product, 
building, landscape, process, or service cat-
egory being addressed. 
‘‘(b) USE OF SCIENCE.—In carrying out this section, 
and, to the degree that an agency action is based on 
science, the Administrator shall use— 
‘‘(1) the best available peer-reviewed science 
and supporting studies conducted in accordance with 
sound and objective scientific practices; and 
‘‘(2) data collected by accepted methods or best 
available methods (if the reliability of the method 
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and the nature of the decision justify use of the 
data). 
‘‘(c) DISTINCTION OF AUTHORITIES.—In setting or 
maintaining standards for Energy Star pursuant to sec-
tion 324A, and WaterSense under this section, the Sec-
retary and Administrator shall coordinate to prevent du-
plicative or conflicting requirements among the respective 
programs. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) FEASIBLE.—The term ‘feasible’ means 
feasible with the use of the best technology, treat-
ment techniques, and other means that the Adminis-
trator finds, after examination for efficacy under 
field conditions and not solely under laboratory con-
ditions, are available (taking cost into consider-
ation). 
‘‘(3) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Energy. 
‘‘(4) WATER-EFFICIENT
PRODUCT, BUILDING, 
LANDSCAPE, 
PROCESS, 
OR
SERVICE.—The term 
‘water-efficient product, building, landscape, process, 
or service’ means a product, building, landscape, 
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process, or service for a residence or a commercial 
or institutional building, or its landscape, that is 
rated for water efficiency and performance, the cov-
ered categories of which are— 
‘‘(A) irrigation technologies and services; 
‘‘(B) point-of-use water treatment devices; 
‘‘(C) plumbing products; 
‘‘(D) reuse and recycling technologies; 
‘‘(E) landscaping and gardening products, 
including moisture control or water enhancing 
technologies; 
‘‘(F) xeriscaping and other landscape con-
versions that reduce water use; and 
‘‘(G) new water efficient homes certified 
under the WaterSense program.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Policy and Conservation Act (Public 
Law 94–163; 42 U.S.C. 6201 et seq.) is amended by in-
serting after the item relating to section 324A the fol-
lowing new item: 
‘‘Sec. 324B. WaterSense.’’. 
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Subtitle B—Accountability 
CHAPTER 1—MARKET MANIPULATION, 
ENFORCEMENT, AND COMPLIANCE 
SEC. 3211. FERC OFFICE OF COMPLIANCE ASSISTANCE AND 
PUBLIC PARTICIPATION. 
Section 319 of the Federal Power Act (16 U.S.C. 
825q–1) is amended to read as follows: 
‘‘SEC. 319. OFFICE OF COMPLIANCE ASSISTANCE AND PUB-
LIC PARTICIPATION. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Commission an Office of Compliance Assistance and 
Public Participation (referred to in this section as the ‘Of-
fice’). The Office shall be headed by a Director. 
‘‘(b) DUTIES OF DIRECTOR.— 
‘‘(1) IN GENERAL.—The Director of the Office 
shall promote improved compliance with Commission 
rules and orders by— 
‘‘(A) making recommendations to the Com-
mission regarding— 
‘‘(i) the protection of consumers; 
‘‘(ii) market integrity and support for 
the development of responsible market be-
havior; 
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‘‘(iii) the application of Commission 
rules and orders in a manner that ensures 
that— 
‘‘(I) rates and charges for, or in 
connection with, the transmission or 
sale of electric energy subject to the 
jurisdiction of the Commission shall 
be just and reasonable and not unduly 
discriminatory or preferential; and 
‘‘(II) markets for such trans-
mission and sale of electric energy are 
not impaired and consumers are not 
damaged; and 
‘‘(iv) the impact of existing and pro-
posed Commission rules and orders on 
small entities, as defined in section 601 of 
title 5, United States Code (commonly 
known as the Regulatory Flexibility Act); 
‘‘(B) providing entities subject to regula-
tion by the Commission the opportunity to ob-
tain timely guidance for compliance with Com-
mission rules and orders; and 
‘‘(C) providing information to the Commis-
sion and Congress to inform policy with respect 
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to energy issues under the jurisdiction of the 
Commission. 
‘‘(2) REPORTS AND GUIDANCE.—The Director 
shall, as the Director determines appropriate, issue 
reports and guidance to the Commission and to enti-
ties subject to regulation by the Commission, regard-
ing market practices, proposing improvements in 
Commission monitoring of market practices, and ad-
dressing potential improvements to both industry 
and Commission practices. 
‘‘(3) OUTREACH.—The Director shall promote 
improved compliance with Commission rules and or-
ders through outreach, publications, and, where ap-
propriate, direct communication with entities regu-
lated by the Commission.’’. 
CHAPTER 2—MARKET REFORMS 
SEC. 3221. GAO STUDY ON WHOLESALE ELECTRICITY MAR-
KETS. 
(a) STUDY AND REPORT.—Not later than 1 year 
after the date of enactment of this Act, the Comptroller 
General shall submit to the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate 
a report describing the results of a study of whether and 
how the current market rules, practices, and structures 
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of each regional transmission entity produce rates that are 
just and reasonable by— 
(1) facilitating fuel diversity, the availability of 
generation resources during emergency and severe 
weather conditions, resource adequacy, and reli-
ability, including the cost-effective retention and de-
velopment of needed generation; 
(2) promoting the equitable treatment of busi-
ness models, including different utility types, the in-
tegration of diverse generation resources, and ad-
vanced grid technologies; 
(3) identifying and addressing regulatory bar-
riers to entry, market-distorting incentives, and arti-
ficial constraints on competition; 
(4) providing transparency regarding dispatch 
decisions, including the need for out-of-market ac-
tions and payments, and the accuracy of day-ahead 
unit commitments; 
(5) facilitating the development of necessary 
natural gas pipeline and electric transmission infra-
structure; 
(6) ensuring fairness and transparency in gov-
ernance structures and stakeholder processes, in-
cluding meaningful participation by both voting and 
nonvoting stakeholder representatives; 
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(7) ensuring the proper alignment of the energy 
and transmission markets by including both energy 
and financial transmission rights in the day-ahead 
markets; 
(8) facilitating the ability of load-serving enti-
ties to self-supply their service territory load; 
(9) considering, as appropriate, State and local 
resource planning; and 
(10) mitigating, to the extent practicable, the 
disruptive effects of tariff revisions on the economic 
decisionmaking of market participants. 
(b) DEFINITIONS.—In this section: 
(1) LOAD-SERVING ENTITY.—The term ‘‘load- 
serving entity’’ has the meaning given that term in 
section 217 of the Federal Power Act (16 U.S.C. 
824q). 
(2) REGIONAL
TRANSMISSION
ENTITY.—The 
term ‘‘regional transmission entity’’ means a Re-
gional Transmission Organization or an Independent 
System Operator, as such terms are defined in sec-
tion 3 of the Federal Power Act (16 U.S.C. 796). 
SEC. 3222. CLARIFICATION OF FACILITY MERGER AUTHOR-
IZATION. 
Section 203(a)(1)(B) of the Federal Power Act (16 
U.S.C. 824b(a)(1)(B)) is amended by striking ‘‘such facili-
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ties or any part thereof’’ and inserting ‘‘such facilities, or 
any part thereof, of a value in excess of $10,000,000’’. 
CHAPTER 3—CODE MAINTENANCE 
SEC. 3231. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES 
STUDY. 
(a) REPEAL.—Part I of title III of the Energy Policy 
and Conservation Act (42 U.S.C. 6373) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Policy and Conservation Act (Public 
Law 94–163; 89 Stat. 871) is amended— 
(1) by striking the item relating to part I of 
title III; and 
(2) by striking the item relating to section 385. 
SEC. 3232. REPEAL OF METHANOL STUDY. 
Section 400EE of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6374d) is amended— 
(1) by striking subsection (a); and 
(2) by redesignating subsections (b) and (c) as 
subsections (a) and (b), respectively. 
SEC. 3233. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY 
STANDARDS STUDY. 
(a) REPEAL.—Section 253 of the National Energy 
Conservation Policy Act (42 U.S.C. 8232) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the National Energy Conservation Policy Act 
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(Public Law 95–619; 92 Stat. 3206) is amended by strik-
ing the item relating to section 253. 
SEC. 3234. REPEAL OF WEATHERIZATION STUDY. 
(a) REPEAL.—Section 254 of the National Energy 
Conservation Policy Act (42 U.S.C. 8233) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the National Energy Conservation Policy Act 
(Public Law 95–619; 92 Stat. 3206) is amended by strik-
ing the item relating to section 254. 
SEC. 3235. REPEAL OF REPORT TO CONGRESS. 
(a) REPEAL.—Section 273 of the National Energy 
Conservation Policy Act (42 U.S.C. 8236b) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the National Energy Conservation Policy Act 
(Public Law 95–619; 92 Stat. 3206) is amended by strik-
ing the item relating to section 273. 
SEC. 3236. REPEAL OF REPORT BY GENERAL SERVICES AD-
MINISTRATION. 
(a) REPEAL.—Section 154 of the Energy Policy Act 
of 1992 (42 U.S.C. 8262a) is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) The table of contents for the Energy Policy 
Act of 1992 (Public Law 102–486; 106 Stat. 2776) 
is amended by striking the item relating to section 
154. 
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(2) Section 159 of the Energy Policy Act of 
1992 (42 U.S.C. 8262e) is amended by striking sub-
section (c). 
SEC. 3237. REPEAL OF INTERGOVERNMENTAL ENERGY 
MANAGEMENT PLANNING AND COORDINA-
TION WORKSHOPS. 
(a) REPEAL.—Section 156 of the Energy Policy Act 
of 1992 (42 U.S.C. 8262b) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Policy Act of 1992 (Public Law 102– 
486; 106 Stat. 2776) is amended by striking the item re-
lating to section 156. 
SEC. 3238. REPEAL OF INSPECTOR GENERAL AUDIT SUR-
VEY AND PRESIDENT’S COUNCIL ON INTEG-
RITY AND EFFICIENCY REPORT TO CON-
GRESS. 
(a) REPEAL.—Section 160 of the Energy Policy Act 
of 1992 (42 U.S.C. 8262f) is amended by striking the sec-
tion designation and heading and all that follows through 
‘‘(c) INSPECTOR GENERAL REVIEW.—Each Inspector 
General’’ and inserting the following: 
‘‘SEC. 160. INSPECTOR GENERAL REVIEW. 
‘‘Each Inspector General’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Policy Act of 1992 (Public Law 102– 
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486; 106 Stat. 2776) is amended by striking the item re-
lating to section 160 and inserting the following: 
‘‘Sec. 160. Inspector General review.’’. 
SEC. 3239. REPEAL OF PROCUREMENT AND IDENTIFICA-
TION OF ENERGY EFFICIENT PRODUCTS PRO-
GRAM. 
(a) REPEAL.—Section 161 of the Energy Policy Act 
of 1992 (42 U.S.C. 8262g) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Policy Act of 1992 (Public Law 102– 
486; 106 Stat. 2776) is amended by striking the item re-
lating to section 161. 
SEC. 3240. REPEAL OF NATIONAL ACTION PLAN FOR DE-
MAND RESPONSE. 
(a) REPEAL.—Part 5 of title V of the National En-
ergy Conservation Policy Act (42 U.S.C. 8279) is re-
pealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the National Energy Conservation Policy Act 
(Public Law 95–619; 92 Stat. 3206; 121 Stat. 1665) is 
amended— 
(1) by striking the item relating to part 5 of 
title V; and 
(2) by striking the item relating to section 571. 
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SEC. 3241. REPEAL OF NATIONAL COAL POLICY STUDY. 
(a) REPEAL.—Section 741 of the Powerplant and In-
dustrial Fuel Use Act of 1978 (42 U.S.C. 8451) is re-
pealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Powerplant and Industrial Fuel Use Act of 
1978 (Public Law 95–620; 92 Stat. 3289) is amended by 
striking the item relating to section 741. 
SEC. 3242. REPEAL OF STUDY ON COMPLIANCE PROBLEM 
OF SMALL ELECTRIC UTILITY SYSTEMS. 
(a) REPEAL.—Section 744 of the Powerplant and In-
dustrial Fuel Use Act of 1978 (42 U.S.C. 8454) is re-
pealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Powerplant and Industrial Fuel Use Act of 
1978 (Public Law 95–620; 92 Stat. 3289) is amended by 
striking the item relating to section 744. 
SEC. 3243. REPEAL OF STUDY OF SOCIOECONOMIC IM-
PACTS OF INCREASED COAL PRODUCTION 
AND OTHER ENERGY DEVELOPMENT. 
(a) REPEAL.—Section 746 of the Powerplant and In-
dustrial Fuel Use Act of 1978 (42 U.S.C. 8456) is re-
pealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Powerplant and Industrial Fuel Use Act of 
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SEC. 3250. REPEAL OF SURVEY OF ENERGY SAVING POTEN-
TIAL. 
(a) REPEAL.—Section 550 of the National Energy 
Conservation Policy Act (42 U.S.C. 8258b) is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) The table of contents for the National En-
ergy Conservation Policy Act (Public Law 95–619; 
92 Stat. 3206; 106 Stat. 2851) is amended by strik-
ing the item relating to section 550. 
(2) Section 543(d)(2) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(d)(2)) is 
amended by striking ‘‘, incorporating any relevant 
information obtained from the survey conducted pur-
suant to section 550’’. 
SEC. 3251. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM. 
(a) REPEAL.—Part 4 of title V of the National En-
ergy Conservation Policy Act (42 U.S.C. 8271 et seq.) is 
repealed. 
(b) CONFORMING AMENDMENTS.—The table of con-
tents for the National Energy Conservation Policy Act 
(Public Law 95–619; 92 Stat. 3206) is amended— 
(1) by striking the item relating to part 4 of 
title V; and 
(2) by striking the items relating to sections 
561 through 570. 
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SEC. 3252. REPEAL OF ENERGY AUDITOR TRAINING AND 
CERTIFICATION. 
(a) REPEAL.—Subtitle F of title V of the Energy Se-
curity Act (42 U.S.C. 8285 et seq.) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Security Act (Public Law 96–294; 
94 Stat. 611) is amended by striking the items relating 
to subtitle F of title V. 
CHAPTER 4—AUTHORIZATION 
SEC. 3261 AUTHORIZATION. 
There are authorized to be appropriated, out of funds 
authorized under previously enacted laws, amounts re-
quired for carrying out this Act and the amendments 
made by this Act. 
TITLE IV—CHANGING CRUDE 
OIL MARKET CONDITIONS 
SEC. 4001. FINDINGS. 
The Congress finds the following: 
(1) The United States has enjoyed a renais-
sance in energy production, establishing the United 
States as the world’s leading oil producer. 
(2) By authorizing crude oil exports, the Con-
gress can spur domestic energy production, create 
and preserve jobs, help maintain and strengthen our 
independent shipping fleet that is essential to na-
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tional defense, and generate State and Federal reve-
nues. 
(3) An energy-secure United States that is a 
net exporter of energy has the potential to transform 
the security environment around the world, notably 
in Europe and the Middle East. 
(4) For our European allies and Israel, the 
presence of more United States oil in the market 
will offer more secure supply options, which will 
strengthen United States strategic alliances and help 
curtail the use of energy as a political weapon. 
(5) The 60-ship Maritime Security Fleet is a 
vital element of our military’s strategic sealift and 
global response capability. It assures United States- 
flag ships and United States crews will be available 
to support the United States military when it needs 
to mobilize to protect our allies, and is the most pru-
dent and economical solution to meet current and 
projected sealift requirements for the United States. 
(6) The Maritime Security Fleet program pro-
vides a labor base of skilled American mariners who 
are available to crew the United States Government- 
owned strategic sealift fleet, as well as the United 
States commercial fleet, in both peace and war. 
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(7) The United States has reduced its oil con-
sumption over the past decade, and increasing in-
vestment in clean energy technology and energy effi-
ciency will lower energy prices, reduce greenhouse 
gas emissions, and increase national security. 
SEC. 4002. REPEAL. 
Section 103 of the Energy Policy and Conservation 
Act (42 U.S.C. 6212) and the item relating thereto in the 
table of contents of that Act are repealed. 
SEC. 4003. NATIONAL POLICY ON OIL EXPORT RESTRIC-
TIONS. 
Notwithstanding any other provision of law, to pro-
mote the efficient exploration, production, storage, supply, 
marketing, pricing, and regulation of energy resources, in-
cluding fossil fuels, no official of the Federal Government 
shall impose or enforce any restriction on the export of 
crude oil. 
SEC. 4004. STUDIES. 
(a) GREENHOUSE GAS EMISSIONS.—Not later than 
120 days after the date of enactment of this Act, the Sec-
retary of Energy shall conduct, and transmit to the Com-
mittee on Energy and Commerce of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources of the Senate the results of, a study on the net 
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greenhouse gas emissions that will result from the repeal 
of the crude oil export ban under section 4002. 
(b) CRUDE OIL EXPORT STUDY.— 
(1) IN
GENERAL.—The Department of Com-
merce, in consultation with the Department of En-
ergy, and other departments as appropriate, shall 
conduct a study of the State and national implica-
tions of lifting the crude oil export ban with respect 
to consumers and the economy. 
(2) CONTENTS.—The study conducted under 
paragraph (1) shall include an analysis of— 
(A) the economic impact that exporting 
crude oil will have on the economy of the 
United States; 
(B) the economic impact that exporting 
crude oil will have on consumers, taking into 
account impacts on energy prices; 
(C) the economic impact that exporting 
crude oil will have on domestic manufacturing, 
taking into account impacts on employment; 
and 
(D) the economic impact that exporting 
crude oil will have on the refining sector, taking 
into account impacts on employment. 
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(3) REPORT TO CONGRESS.—Not later than 1 
year after the date of enactment of this Act, the Bu-
reau of Industry and Security shall submit to Con-
gress a report containing the results of the study 
conducted under paragraph (1). 
SEC. 4005. SAVINGS CLAUSE. 
Nothing in this title limits the authority of the Presi-
dent under the Constitution, the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.), the Na-
tional Emergencies Act (50 U.S.C. 1601 et seq.), part B 
of title II of the Energy Policy and Conservation Act (42 
U.S.C. 6271 et seq.), the Trading With the Enemy Act 
(50 U.S.C. App. 1 et seq.), or any other provision of law 
that imposes sanctions on a foreign person or foreign gov-
ernment (including any provision of law that prohibits or 
restricts United States persons from engaging in a trans-
action with a sanctioned person or government), including 
a foreign government that is designated as a state sponsor 
of terrorism, to prohibit exports. 
SEC. 4006. PARTNERSHIPS WITH MINORITY SERVING INSTI-
TUTIONS. 
(a) IN GENERAL.—The Department of Energy shall 
continue to develop and broaden partnerships with minor-
ity serving institutions, including Hispanic Serving Insti-
tutions (HSI) and Historically Black Colleges and Univer-
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sities (HBCUs) in the areas of oil and gas exploration, 
production, midstream, and refining. 
(b) PUBLIC-PRIVATE PARTNERSHIPS.—The Depart-
ment of Energy shall encourage public-private partner-
ships between the energy sector and minority serving insti-
tutions, including Hispanic Serving Institutions and His-
torically Black Colleges and Universities. 
SEC. 4007. REPORT. 
Not later than 10 years after the date of enactment 
of this Act, the Secretary of Energy and the Secretary 
of Commerce shall jointly transmit to Congress a report 
that reviews the impact of lifting the oil export ban under 
this title as it relates to promoting United States energy 
and national security. 
SEC. 4008. REPORT TO CONGRESS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Energy and the Secretary 
of Commerce shall jointly transmit to Congress a report 
analyzing how lifting the ban on crude oil exports will help 
create opportunities for veterans and women in the United 
States, while promoting energy and national security. 
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SEC. 4009. PROHIBITION ON EXPORTS OF CRUDE OIL, RE-
FINED PETROLEUM PRODUCTS, AND PETRO-
CHEMICAL PRODUCTS TO THE ISLAMIC RE-
PUBLIC OF IRAN. 
Nothing in this title shall be construed to authorize 
the export of crude oil, refined petroleum products, and 
petrochemical products by or through any entity or per-
son, wherever located, subject to the jurisdiction of the 
United States to any entity or person located in, subject 
to the jurisdiction of, or sponsored by the Islamic Republic 
of Iran. 
TITLE V—OTHER MATTERS 
SEC. 5001. ASSESSMENT OF REGULATORY REQUIREMENTS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency shall ensure that the re-
quirements described in subsection (b) are satisfied. 
(b) REQUIREMENTS.—The Administrator shall sat-
isfy— 
(1) section 4 of Executive Order No. 12866 (5 
U.S.C. 601 note) (relating to regulatory planning 
and review) and Executive Order No. 13563 (5 
U.S.C. 601 note) (relating to improving regulation 
and regulatory review) (or any successor Executive 
order establishing requirements applicable to the 
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uniform reporting of regulatory and deregulatory 
agendas); 
(2) section 602 of title 5, United States Code; 
(3) section 8 of Executive Order No. 13132 (5 
U.S.C. 601 note) (relating to federalism); and 
(4) section 202(a) of the Unfunded Mandates 
Reform Act of 1995 (2 U.S.C. 1532(a)). 
SEC. 5002. DEFINITIONS. 
In this title: 
(1) COVERED CIVIL ACTION.—The term ‘‘cov-
ered civil action’’ means a civil action containing a 
claim under section 702 of title 5, United States 
Code, regarding agency action (as defined for the 
purposes of that section) affecting a covered energy 
project on Federal land. 
(2) COVERED ENERGY PROJECT.— 
(A) IN GENERAL.—The term ‘‘covered en-
ergy project’’ means— 
(i) the leasing of Federal land for the 
exploration, development, production, proc-
essing, or transmission of oil, natural gas, 
coal, geothermal, hydroelectric, biomass, 
solar, or any other source of energy; and 
(ii) any action under the lease. 
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(B) EXCLUSION.—The term ‘‘covered en-
ergy project’’ does not include any dispute be-
tween the parties to a lease regarding the obli-
gations under the lease, including any alleged 
breach of the lease. 
SEC. 5003. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS 
RELATING TO COVERED ENERGY PROJECTS. 
Venue for any covered civil action shall lie in the 
United States district court in which the covered energy 
project or lease exists or is proposed. 
SEC. 5004. TIMELY FILING. 
To ensure timely redress by the courts, a covered civil 
action shall be filed not later than the end of the 90-day 
period beginning on the date of the final Federal agency 
action to which the covered civil action relates. 
SEC. 5005. EXPEDITION IN HEARING AND DETERMINING 
THE ACTION. 
The court shall endeavor to hear and determine any 
covered civil action as expeditiously as practicable. 
SEC. 5006. LIMITATION ON INJUNCTION AND PROSPECTIVE 
RELIEF. 
(a) IN GENERAL.—In a covered civil action, a court 
shall not grant or approve any prospective relief unless 
the court finds that the relief— 
(1) is narrowly drawn; 
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(2) extends no further than necessary to correct 
the violation of a legal requirement; and 
(3) is the least intrusive means necessary to 
correct the violation. 
(b) DURATION.— 
(1) IN GENERAL.—A court shall limit the dura-
tion of preliminary injunctions to halt covered en-
ergy projects to not more than 60 days, unless the 
court finds clear reasons to extend the injunction. 
(2) ADMINISTRATION.—In the case of an exten-
sion, the extension shall— 
(A) only be in 30-day increments; and 
(B) require action by the court to renew 
the injunction. 
(c) IN GENERAL.—Sections 504 of title 5 and 2412 
of title 28, United States Code (commonly known as the 
‘‘Equal Access to Justice Act’’), shall not apply to a cov-
ered civil action. 
(d) COURT COSTS.—A party to a covered civil action 
shall not receive payment from the Federal Government 
for the attorneys’ fees, expenses, or other court costs in-
curred by the party. 
SEC. 5007. LEGAL STANDING. 
A challenger that files an appeal with the Department 
of the Interior Board of Land Appeals shall meet the same 
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standing requirements as a challenger before a United 
States district court. 
SEC. 5008. STUDY TO IDENTIFY LEGAL AND REGULATORY 
BARRIERS THAT DELAY, PROHIBIT, OR IM-
PEDE THE EXPORT OF NATURAL ENERGY RE-
SOURCES. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy and the Secretary 
of Commerce shall jointly transmit to the Committee on 
Energy and Commerce and the Committee on Natural Re-
sources of the House of Representatives, and the Com-
mittee on Commerce, Science, and Transportation and the 
Committee on Energy and Natural Resources of the Sen-
ate, the results of a study to— 
(1) identify legal and regulatory barriers that 
delay, prohibit, or impede the export of natural en-
ergy resources, including government and technical 
(physical or market) barriers that hinder coal, nat-
ural gas, oil, and other energy exports; and 
(2) estimate the economic impacts of such bar-
riers. 
SEC. 5009. STUDY OF VOLATILITY OF CRUDE OIL. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy shall transmit to Con-
gress the results of a study to determine the maximum 
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level of volatility that is consistent with the safest prac-
ticable shipment of crude oil by rail. 
SEC. 5010. SMART METER PRIVACY RIGHTS. 
(a) ELECTRICAL CORPORATION OR GAS CORPORA-
TIONS.— 
(1) For purposes of this section, ‘‘electrical or 
gas consumption data’’ means data about a cus-
tomer’s electrical or natural gas usage that is made 
available as part of an advanced metering infrastruc-
ture, and includes the name, account number, or 
residence of the customer. 
(2)(A) An electrical corporation or gas corpora-
tion shall not share, disclose, or otherwise make ac-
cessible to any third party a customer’s electrical or 
gas consumption data, except as provided in sub-
section (a)(5) or upon the consent of the customer. 
(B) An electrical corporation or gas corporation 
shall not sell a customer’s electrical or gas consump-
tion data or any other personally identifiable infor-
mation for any purpose. 
(C) The electrical corporation or gas corpora-
tion or its contractors shall not provide an incentive 
or discount to the customer for accessing the cus-
tomer’s electrical or gas consumption data without 
the prior consent of the customer. 
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(D) An electrical or gas corporation that uti-
lizes an advanced metering infrastructure that al-
lows a customer to access the customer’s electrical 
and gas consumption data shall ensure that the cus-
tomer has an option to access that data without 
being required to agree to the sharing of his or her 
personally identifiable information, including elec-
trical or gas consumption data, with a third party. 
(3) If an electrical corporation or gas corpora-
tion contracts with a third party for a service that 
allows a customer to monitor his or her electricity or 
gas usage, and that third party uses the data for a 
secondary commercial purpose, the contract between 
the electrical corporation or gas corporation and the 
third party shall provide that the third party promi-
nently discloses that secondary commercial purpose 
to the customer. 
(4) An electrical corporation or gas corporation 
shall use reasonable security procedures and prac-
tices to protect a customer’s unencrypted electrical 
or gas consumption data from unauthorized access, 
destruction, use, modification, or disclosure. 
(5)(A) Nothing in this section shall preclude an 
electrical corporation or gas corporation from using 
customer aggregate electrical or gas consumption 
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data for analysis, reporting, or program manage-
ment if all information has been removed regarding 
the individual identity of a customer. 
(B) Nothing in this section shall preclude an 
electrical corporation or gas corporation from dis-
closing a customer’s electrical or gas consumption 
data to a third party for system, grid, or operational 
needs, or the implementation of demand response, 
energy management, or energy efficiency programs, 
provided that, for contracts entered into after Janu-
ary 1, 2016, the utility has required by contract that 
the third party implement and maintain reasonable 
security procedures and practices appropriate to the 
nature of the information, to protect the personal in-
formation from unauthorized access, destruction, 
use, modification, or disclosure, and prohibits the 
use of the data for a secondary commercial purpose 
not related to the primary purpose of the contract 
without the customer’s consent. 
(C) Nothing in this section shall preclude an 
electrical corporation or gas corporation from dis-
closing electrical or gas consumption data as re-
quired or permitted under State or Federal law or 
by an order of a State public utility commission. 
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(6) If a customer chooses to disclose his or her 
electrical or gas consumption data to a third party 
that is unaffiliated with, and has no other business 
relationship with, the electrical or gas corporation, 
the electrical or gas corporation shall not be respon-
sible for the security of that data, or its use or mis-
use. 
(b) LOCAL PUBLICLY OWNED ELECTRIC UTILI-
TIES.— 
(1) For purposes of this section, ‘‘electrical con-
sumption data’’ means data about a customer’s elec-
trical usage that is made available as part of an ad-
vanced metering infrastructure, and includes the 
name, account number, or residence of the customer. 
(2)(A) A local publicly owned electric utility 
shall not share, disclose, or otherwise make acces-
sible to any third party a customer’s electrical con-
sumption data, except as provided in subsection (b) 
(5) or upon the consent of the customer. 
(B) A local publicly owned electric utility shall 
not sell a customer’s electrical consumption data or 
any other personally identifiable information for any 
purpose. 
(C) The local publicly owned electric utility or 
its contractors shall not provide an incentive or dis-
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count to the customer for accessing the customer’s 
electrical consumption data without the prior con-
sent of the customer. 
(D) A local publicly owned electric utility that 
utilizes an advanced metering infrastructure that al-
lows a customer to access the customer’s electrical 
consumption data shall ensure that the customer has 
an option to access that data without being required 
to agree to the sharing of his or her personally iden-
tifiable information, including electrical consumption 
data, with a third party. 
(3) If a local publicly owned electric utility con-
tracts with a third party for a service that allows a 
customer to monitor his or her electricity usage, and 
that third party uses the data for a secondary com-
mercial purpose, the contract between the local pub-
licly owned electric utility and the third party shall 
provide that the third party prominently discloses 
that secondary commercial purpose to the customer. 
(4) A local publicly owned electric utility shall 
use reasonable security procedures and practices to 
protect a customer’s unencrypted electrical consump-
tion data from unauthorized access, destruction, use, 
modification, or disclosure, and prohibits the use of 
the data for a secondary commercial purpose not re-
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lated to the primary purpose of the contract without 
the customer’s consent. 
(5)(A) Nothing in this section shall preclude a 
local publicly owned electric utility from using cus-
tomer aggregate electrical consumption data for 
analysis, reporting, or program management if all 
information has been removed regarding the indi-
vidual identity of a customer. 
(B) Nothing in this section shall preclude a 
local publicly owned electric utility from disclosing a 
customer’s electrical consumption data to a third 
party for system, grid, or operational needs, or the 
implementation of demand response, energy manage-
ment, or energy efficiency programs, provided, for 
contracts entered into after January 1, 2016, that 
the utility has required by contract that the third 
party implement and maintain reasonable security 
procedures and practices appropriate to the nature 
of the information, to protect the personal informa-
tion from unauthorized access, destruction, use, 
modification, or disclosure. 
(C) Nothing in this section shall preclude a 
local publicly owned electric utility from disclosing 
electrical consumption data as required under State 
or Federal law. 
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(6) If a customer chooses to disclose his or her 
electrical consumption data to a third party that is 
unaffiliated with, and has no other business relation-
ship with, the local publicly owned electric utility, 
the utility shall not be responsible for the security of 
that data, or its use or misuse. 
SEC. 5011. YOUTH ENERGY ENTERPRISE COMPETITION. 
The Secretaries of Energy and Commerce shall joint-
ly establish an energy enterprise competition to encourage 
youth to propose solutions to the energy challenges of the 
United States and to promote youth interest in careers 
in science, technology, engineering, and math, especially 
as those fields relate to energy. 
SEC. 5012. MODERNIZATION OF TERMS RELATING TO MI-
NORITIES. 
(a) OFFICE OF MINORITY ECONOMIC IMPACT.—Sec-
tion 211(f)(1) of the Department of Energy Organization 
Act (42 U.S.C. 7141(f)(1)) is amended by striking ‘‘a 
Negro, Puerto Rican, American Indian, Eskimo, Oriental, 
or Aleut or is a Spanish speaking individual of Spanish 
descent’’ and inserting ‘‘Asian American, African Amer-
ican, Hispanic, Puerto Rican, Native American, or an 
Alaska Native’’. 
(b) MINORITY BUSINESS ENTERPRISES.—Section 
106(f)(2) of the Local Public Works Capital Development 
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and Investment Act of 1976 (42 U.S.C. 6705(f)(2)) is 
amended by striking ‘‘Negroes, Spanish-speaking, Ori-
entals, Indians, Eskimos, and Aleuts’’ and inserting 
‘‘Asian American, African American, Hispanic, Native 
American, or Alaska Natives’’. 
SEC. 5013. VOLUNTARY VEGETATION MANAGEMENT OUT-
SIDE RIGHTS-OF-WAY. 
(a) AUTHORIZATION.—The Secretary of the Interior 
or the Secretary of Agriculture may authorize an owner 
or operator of an electric transmission or distribution fa-
cility to manage vegetation selectively within 150 feet of 
the exterior boundary of the right-of-way near structures 
for selective thinning and fuel reduction. 
(b) STATUS OF REMOVED VEGETATION.—Any vege-
tation removed pursuant to this section shall be the prop-
erty of the United States and not available for sale by 
the owner or operator. 
(c) LIMITATION ON LIABILITY.—An owner or oper-
ator of an electric transmission or distribution facility 
shall not be held liable for wildlife damage, loss, or injury, 
including the cost of fire suppression, resulting from ac-
tivities carried out pursuant to subsection (a) except in 
the case of harm resulting from the owner or operator’s 
gross negligence or criminal misconduct. 
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SEC. 5014. REPEAL OF RULE FOR NEW RESIDENTIAL WOOD 
HEATERS. 
The final rule entitled ‘‘Standards of Performance for 
New Residential Wood Heaters, New Residential Hydronic 
Heaters and Forced-Air Furnaces’’ published at 80 Fed. 
Reg. 13672 (March 16, 2015) shall have no force or effect 
and shall be treated as if such rule had never been issued. 
TITLE VI—PROMOTING RENEW-
ABLE ENERGY WITH SHARED 
SOLAR 
SEC. 6001. SHORT TITLE. 
This title may be cited as the ‘‘Promoting Renewable 
Energy with Shared Solar Act of 2015’’. 
SEC. 6002. PROVISION OF INTERCONNECTION SERVICE AND 
NET 
BILLING 
SERVICE 
FOR 
COMMUNITY 
SOLAR FACILITIES. 
(a) IN GENERAL.—Section 111(d) of the Public Util-
ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 
is amended by adding at the end the following: 
‘‘(20) COMMUNITY SOLAR FACILITIES.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) COMMUNITY SOLAR FACILITY.— 
The term ‘community solar facility’ means 
a solar photovoltaic system that— 
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‘‘(I) allocates electricity to mul-
tiple individual electric consumers of 
an electric utility; 
‘‘(II) has a nameplate rating of 2 
megawatts or less; and 
‘‘(III) is— 
‘‘(aa) owned by the electric 
utility, jointly owned, or third- 
party-owned; 
‘‘(bb) connected to a local 
distribution facility of the electric 
utility; and 
‘‘(cc) located on or off the 
property of a consumer of the 
electricity. 
‘‘(ii) INTERCONNECTION
SERVICE.— 
The term ‘interconnection service’ means a 
service provided by an electric utility to an 
electric consumer, in accordance with the 
standards described in paragraph (15), 
through which a community solar facility is 
connected to an applicable local distribu-
tion facility. 
‘‘(iii) NET
BILLING
SERVICE.—The 
term ‘net billing service’ means a service 
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provided by an electric utility to an electric 
consumer through which electric energy 
generated for that electric consumer from 
a community solar facility may be used to 
offset electric energy provided by the elec-
tric utility to the electric consumer during 
the applicable billing period. 
‘‘(B) REQUIREMENT.—On receipt of a re-
quest of an electric consumer served by the 
electric utility, each electric utility shall make 
available to the electric consumer interconnec-
tion service and net billing service for a commu-
nity solar facility.’’. 
(b) COMPLIANCE.— 
(1) TIME LIMITATIONS.—Section 112(b) of the 
Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2622(b)) is amended by adding at the end 
the following: 
‘‘(7)(A) Not later than 1 year after the date of 
enactment of this paragraph, each State regulatory 
authority (with respect to each electric utility for 
which the State has ratemaking authority) and each 
nonregulated utility shall commence consideration 
under section 111, or set a hearing date for consid-
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eration, with respect to the standard established by 
paragraph (20) of section 111(d). 
‘‘(B) Not later than 2 years after the date of 
enactment of this paragraph, each State regulatory 
authority (with respect to each electric utility for 
which the State has ratemaking authority), and each 
nonregulated electric utility shall complete the con-
sideration and make the determination under section 
111 with respect to the standard established by 
paragraph (20) of section 111(d).’’. 
(2) FAILURE TO COMPLY.— 
(A) IN GENERAL.—Section 112(c) of the 
Public Utility Regulatory Policies Act of 1978 
(16 U.S.C. 2622(c)) is amended— 
(i) by striking ‘‘such paragraph (14)’’ 
and all that follows through ‘‘paragraphs 
(16)’’ and inserting ‘‘such paragraph (14). 
In the case of the standard established by 
paragraph (15) of section 111(d), the ref-
erence contained in this subsection to the 
date of enactment of this Act shall be 
deemed to be a reference to the date of en-
actment of that paragraph (15). In the 
case of the standards established by para-
graphs (16)’’; and 
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(ii) by adding at the end the fol-
lowing: ‘‘In the case of the standard estab-
lished by paragraph (20) of section 111(d), 
the reference contained in this subsection 
to the date of enactment of this Act shall 
be deemed to be a reference to the date of 
enactment of that paragraph (20).’’. 
(B) TECHNICAL CORRECTION.— 
(i) IN GENERAL.—Section 1254(b) of 
the Energy Policy Act of 2005 (Public 
Law 109–58; 119 Stat. 971) is amended 
by striking paragraph (2). 
(ii) TREATMENT.—The amendment 
made by paragraph (2) of section 1254(b) 
of the Energy Policy Act of 2005 (Public 
Law 109–58; 119 Stat. 971) (as in effect 
on the day before the date of enactment of 
this Act) is void, and section 112(d) of the 
Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2622(d)) shall be in ef-
fect as if those amendments had not been 
enacted. 
(3) PRIOR STATE ACTIONS.— 
(A) IN
GENERAL.—Section 112 of the 
Public Utility Regulatory Policies Act of 1978 
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(16 U.S.C. 2622) is amended by adding at the 
end the following: 
‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 
(c) shall not apply to the standard established by para-
graph (20) of section 111(d) in the case of any electric 
utility in a State if, before the date of enactment of this 
subsection— 
‘‘(1) the State has implemented for the electric 
utility the standard (or a comparable standard); 
‘‘(2) the State regulatory authority for the 
State or the relevant nonregulated electric utility has 
conducted a proceeding to consider implementation 
of the standard (or a comparable standard) for the 
electric utility; or 
‘‘(3) the State legislature has voted on the im-
plementation of the standard (or a comparable 
standard) for the electric utility.’’. 
(B) CROSS-REFERENCE.—Section 124 of 
the Public Utility Regulatory Policy Act of 
1978 (16 U.S.C. 2634) is amended by adding 
at the end the following: ‘‘In the case of the 
standard established by paragraph (20) of sec-
tion 111(d), the reference contained in this sub-
section to the date of enactment of this Act 
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shall be deemed to be a reference to the date 
of enactment of that paragraph (20).’’. 
TITLE VII—MARINE 
HYDROKINETIC 
SEC. 7001. DEFINITION OF MARINE AND HYDROKINETIC RE-
NEWABLE ENERGY. 
Section 632 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17211) is amended in the matter 
preceding paragraph (1) by striking ‘‘electrical’’. 
SEC. 7002. MARINE AND HYDROKINETIC RENEWABLE EN-
ERGY RESEARCH AND DEVELOPMENT. 
Section 633 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17212) is amended to read as 
follows: 
‘‘SEC. 633. MARINE AND HYDROKINETIC RENEWABLE EN-
ERGY RESEARCH AND DEVELOPMENT. 
‘‘The Secretary, in consultation with the Secretary of 
the Interior, the Secretary of Commerce, and the Federal 
Energy Regulatory Commission, shall carry out a program 
of research, development, demonstration, and commercial 
application to accelerate the introduction of marine and 
hydrokinetic renewable energy production into the United 
States energy supply, giving priority to fostering acceler-
ated research, development, and commercialization of 
technology, including— 
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‘‘(1) to assist technology development to im-
prove the components, processes, and systems used 
for power generation from marine and hydrokinetic 
renewable energy resources; 
‘‘(2) to establish critical testing infrastructure 
necessary— 
‘‘(A) to cost effectively and efficiently test 
and 
prove 
the 
efficacy 
of 
marine 
and 
hydrokinetic renewable energy devices; and 
‘‘(B) to accelerate the technological readi-
ness and commercialization of those devices; 
‘‘(3) to support efforts to increase the efficiency 
of energy conversion, lower the cost, increase the 
use, improve the reliability, and demonstrate the ap-
plicability of marine and hydrokinetic renewable en-
ergy technologies by participating in demonstration 
projects; 
‘‘(4) to investigate variability issues and the ef-
ficient and reliable integration of marine and 
hydrokinetic renewable energy with the utility grid; 
‘‘(5) to identify and study critical short- and 
long-term needs to create a sustainable marine and 
hydrokinetic renewable energy supply chain based in 
the United States; 
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‘‘(6) to increase the reliability and survivability 
of marine and hydrokinetic renewable energy tech-
nologies; 
‘‘(7) to verify the performance, reliability, main-
tainability, and cost of new marine and hydrokinetic 
renewable energy device designs and system compo-
nents in an operating environment; 
‘‘(8) to coordinate and avoid duplication of ac-
tivities across programs of the Department and 
other applicable Federal agencies, including National 
Laboratories, and to coordinate public-private col-
laboration in all programs under this section; 
‘‘(9) to identify opportunities for joint research 
and development programs and development of 
economies of scale between— 
‘‘(A) marine and hydrokinetic renewable 
energy technologies; and 
‘‘(B) other renewable energy and fossil en-
ergy programs, offshore oil and gas production 
activities, and activities of the Department of 
Defense; and 
‘‘(10) to support in-water technology develop-
ment with international partners using existing co-
operative procedures (including memoranda of un-
derstanding)— 
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‘‘(A) to allow cooperative funding and 
other support of value to be exchanged and le-
veraged; and 
‘‘(B) to encourage international research 
centers and international companies to partici-
pate in the development of water technology in 
the United States and to encourage United 
States research centers and United States com-
panies to participate in water technology 
projects abroad.’’. 
SEC. 7003. NATIONAL MARINE RENEWABLE ENERGY RE-
SEARCH, DEVELOPMENT, AND DEMONSTRA-
TION CENTERS. 
Section 634(b) of the Energy Independence and Se-
curity Act of 2007 (42 U.S.C. 17213(b)) is amended to 
read as follows: 
‘‘(b) PURPOSES.—A Center (in coordination with the 
Department and National Laboratories) shall— 
‘‘(1) advance research, development, demonstra-
tion, and commercial application of marine and 
hydrokinetic renewable energy technologies; 
‘‘(2) support in-water testing and demonstra-
tion of marine and hydrokinetic renewable energy 
technologies, including facilities capable of testing— 
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‘‘(A) marine and hydrokinetic renewable 
energy systems of various technology readiness 
levels and scales; 
‘‘(B) a variety of technologies in multiple 
test berths at a single location; and 
‘‘(C) arrays of technology devices; and 
‘‘(3) serve as information clearinghouses for the 
marine and hydrokinetic renewable energy industry 
by collecting and disseminating information on best 
practices in all areas relating to developing and 
managing marine and hydrokinetic renewable energy 
resources and energy systems.’’. 
SEC. 7004. AUTHORIZATION OF APPROPRIATIONS. 
Section 636 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17215) is amended by striking 
‘‘2008 through 2012’’ and inserting ‘‘2016 through 
2019’’. 
Passed the House of Representatives December 3, 
2015. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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