I 
117TH CONGRESS 
2D SESSION 
H. R. 9586 
To require the establishment of a national model building performance 
standards initiative, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 15, 2022 
Mr. LEVIN of Michigan (for himself and Ms. CASTOR of Florida) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Transportation and In-
frastructure, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To require the establishment of a national model building 
performance standards initiative, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Creating Low-cost, Efficient And Net-zero Emissions Re-
silient Buildings Act’’ or the ‘‘CLEANER Buildings Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
VerDate Sep 11 2014 
05:15 Dec 28, 2022
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H9586.IH
H9586
pbinns on DSKJLVW7X2PROD with $$_JOB
Sec. 1. Short title; table of contents. 
Sec. 2. National model building performance standards initiative. 
Sec. 3. National model building performance standards. 
Sec. 4. Federal technical assistance and support. 
Sec. 5. Progress reports. 
Sec. 6. Performance standard application to existing Federal buildings. 
Sec. 7. Authorization of appropriations. 
Sec. 8. Definitions. 
SEC. 
2. 
NATIONAL 
MODEL 
BUILDING 
PERFORMANCE 
STANDARDS INITIATIVE. 
(a) ESTABLISHMENT.—The Administrator, in coordi-
nation with the Secretary, shall establish a national model 
building performance standards initiative, to— 
(1) assist State and local governments in the 
development and implementation of building per-
formance standards; 
(2) advance knowledge about building energy 
and water performance and greenhouse gas emis-
sions; 
(3) inform efforts to reduce energy and water 
consumption in, and greenhouse gas emissions from, 
buildings nationwide; and 
(4) achieve progress toward a 50 percent to 52 
percent reduction from 2005 levels in economy-wide 
net greenhouse gas emissions by 2030. 
(b) INITIATIVE ELEMENTS.—In carrying out the na-
tional model building performance standards initiative 
under subsection (a), the Administrator shall— 
VerDate Sep 11 2014 
05:15 Dec 28, 2022
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H9586.IH
H9586
pbinns on DSKJLVW7X2PROD with $$_JOB
(1) develop national model building perform-
ance standards in accordance with section 3; 
(2) provide assistance to State and local govern-
ments under section 4; and 
(3) provide related information to relevant enti-
ties, including recommendations on incentives that 
could be provided by State and local governments to 
building owners and occupants for early compliance 
with building performance standards. 
(c) COORDINATION AND COLLABORATION.—In car-
rying out subsection (a), the Administrator may— 
(1) coordinate with all relevant program offices 
across Federal Government agencies; and 
(2) collaborate with relevant stakeholders, in-
cluding— 
(A) State and local governments, including 
State air quality and utility regulators; 
(B) metropolitan and rural planning orga-
nizations; 
(C) labor union organizations; 
(D) environmental and environmental jus-
tice organizations; 
(E) building developers; 
(F) building manufacturers; 
(G) utilities; 
VerDate Sep 11 2014 
05:15 Dec 28, 2022
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H9586.IH
H9586
pbinns on DSKJLVW7X2PROD with $$_JOB
(H) infrastructure providers; 
(I) technology providers; 
(J) infrastructure construction and compo-
nent parts suppliers; 
(K) multi-State and regional entities; 
(L) experts from academia and nonprofits; 
(M) affordable housing providers; and 
(N) any other entities determined appro-
priate by the Secretary. 
(d) EXISTING PROGRAMS.—In carrying out sub-
section (a), the Administrator shall make appropriate use 
of existing programs and resources relevant to building 
performance standards. 
SEC. 
3. 
NATIONAL 
MODEL 
BUILDING 
PERFORMANCE 
STANDARDS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Administrator, in co-
ordination with the Secretary, shall develop national model 
building performance standards. 
(b) DEVELOPMENT.—In developing national model 
building performance standards under subsection (a), the 
Administrator shall— 
(1) address data access, collection, trans-
parency, and reporting requirements needed to im-
plement the national model building performance 
VerDate Sep 11 2014 
05:15 Dec 28, 2022
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H9586.IH
H9586
pbinns on DSKJLVW7X2PROD with $$_JOB
standards while maintaining the protection of per-
sonal privacy through the use of anonymized data; 
(2) identify commercial building and multi-fam-
ily building property types, sizes, and occupancy 
rates covered by the national model building per-
formance standards; 
(3) establish metrics and calculations to deter-
mine near-term and long-term building performance 
standards for properties covered by the national 
model building performance standards that— 
(A) ensure properties can meet initial per-
formance targets; and 
(B) may be scaled up to achieve long-term 
energy and water consumption targets with 
deep greenhouse gas emissions reductions; 
(4) develop guidelines for the development of ef-
fective dates for compliance with building perform-
ance standards, including— 
(A) consideration of effective dates that 
phase in based on the size of the relevant prop-
erty; and 
(B) recommendations for adequate lead 
time before compliance is required, to ensure 
that property owners can make investments to 
VerDate Sep 11 2014 
05:15 Dec 28, 2022
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H9586.IH
H9586
pbinns on DSKJLVW7X2PROD with $$_JOB
meet near-term and long-term building per-
formance standard targets; 
(5) include recommendations on exemptions or 
compliance period extensions for properties that— 
(A) demonstrate financial hardship; 
(B) are vacant; 
(C) are receiving a major renovation that 
exceeds relevant building performance stand-
ards; 
(D) are pending demolition; or 
(E) meet other criteria established by the 
Administrator; 
(6) develop recommendations on non-Federal 
enforcement mechanisms for implementing building 
performance standards; and 
(7) consider any other matters necessary to de-
velop and implement national model building per-
formance standards, as determined by the Adminis-
trator. 
(c) PERIODIC REVIEW.—The Administrator, in co-
ordination with the Secretary, may— 
(1) periodically review the national model build-
ing performance standards developed under this sec-
tion; and 
VerDate Sep 11 2014 
05:15 Dec 28, 2022
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H9586.IH
H9586
pbinns on DSKJLVW7X2PROD with $$_JOB
(2) on completion of a review under paragraph 
(1), if the Administrator determines that significant 
energy and water savings and greenhouse gas emis-
sions reductions could result, revise the national 
model building performance standards. 
SEC. 4. FEDERAL TECHNICAL ASSISTANCE AND SUPPORT. 
(a) TECHNICAL ASSISTANCE.—In carrying out the 
national model building performance standards initiative 
established under section 2, the Administrator shall pro-
vide relevant technical assistance to any State or local gov-
ernment that intends to establish building performance 
standards that are at least as stringent as the national 
model building performance standards developed under 
section 3, including— 
(1) assistance in the development, modification, 
or implementation of such building performance 
standards; 
(2) training for using relevant Federal tools or 
databases for the purposes of building performance 
standard implementation and enforcement, including 
the Energy Star Portfolio Manager; 
(3) education and outreach materials on build-
ing performance standards for property owners; 
(4) internet-based information resources and 
project tracking systems and tools established and 
VerDate Sep 11 2014 
05:15 Dec 28, 2022
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H9586.IH
H9586
pbinns on DSKJLVW7X2PROD with $$_JOB
maintained by the Administrator for energy and 
water consumption and greenhouse gas emissions re-
duction management; and 
(5) education and outreach on existing applica-
ble Federal programs that can help property owners 
meet such building performance standards that are 
established by the State or local government. 
(b) FINANCIAL ASSISTANCE.— 
(1) IN GENERAL.—In carrying out the national 
model building performance standards initiative es-
tablished under section 2, the Administrator shall 
provide financial assistance to States and local gov-
ernments to establish building performance stand-
ards that are at least as stringent as the national 
model building performance standards developed 
under section 3. 
(2) ADMINISTRATION.—Not later than 1 year 
after the date of enactment of this Act, the Adminis-
trator shall establish funding award limits and appli-
cation requirements for financial assistance under 
this subsection. 
(3) PRIORITY.—In providing financial assist-
ance under this subsection, the Administrator shall 
give priority to States and local governments submit-
ting applications that— 
VerDate Sep 11 2014 
05:15 Dec 28, 2022
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H9586.IH
H9586
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) identify environmental justice commu-
nities served or represented by the State or 
local government that will benefit from the de-
velopment, implementation, and enforcement of 
the building performance standards; 
(B) include plans to ensure that environ-
mental justice communities are included in the 
development, implementation, and enforcement 
of the building performance standards; and 
(C) outline the use of labor standards, 
such as prevailing wage standards, project labor 
agreements, and local hiring and target hiring 
provisions, that will be applicable to the imple-
mentation and enforcement of the building per-
formance standards. 
SEC. 5. PROGRESS REPORTS. 
(a) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this Act, the Administrator 
shall submit to Congress a report containing— 
(1) the results of an assessment of the assist-
ance provided to State and local governments under 
section 4; and 
(2) any recommendations for modifications to 
the national model building performance standards 
initiative established under section 2 to improve the 
VerDate Sep 11 2014 
05:15 Dec 28, 2022
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H9586.IH
H9586
pbinns on DSKJLVW7X2PROD with $$_JOB
impact of such assistance on achieving full compli-
ance with building performance standards in juris-
dictions receiving such assistance. 
(b) PUBLIC REPORT.—The Administrator shall make 
available on a publicly accessible website a report on State 
and local governments that have received assistance under 
section 4, including— 
(1) a summary of energy and water consump-
tion and greenhouse gas emissions reduction statis-
tics; and 
(2) an assessment of compliance rates with 
building performance standards, and other trends 
observed. 
SEC. 6. PERFORMANCE STANDARD APPLICATION TO EXIST-
ING FEDERAL BUILDINGS. 
(a) IN GENERAL.—Not later than 1 year after the 
establishment of the national model building performance 
standards under section 3, the Secretary shall prescribe 
regulations and requirements applying such standards to 
existing Federal buildings, including the Capitol and con-
gressional buildings and facilities, taking into consider-
ation existing requirements related to Federal buildings. 
(b) FEDERAL COMPLIANCE.—The Administrator, in 
coordination with the Secretary, shall adopt procedures 
necessary to ensure that existing Federal buildings meet 
VerDate Sep 11 2014 
05:15 Dec 28, 2022
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H9586.IH
H9586
pbinns on DSKJLVW7X2PROD with $$_JOB
or exceed the building performance standards required 
pursuant to subsection (a). 
(c) LABOR STANDARDS.— 
(1) DAVIS-BACON.—The Administrator, in co-
ordination with the Secretary of Labor and the Gen-
eral Services Administration, shall ensure that all la-
borers and mechanics employed by a covered con-
tractor or subcontractor are paid wages at rates not 
less than those prevailing on projects of a similar 
character in the locality, as determined by the Sec-
retary of Labor in accordance with subchapter IV of 
chapter 31 of title 40, United States Code (com-
monly referred to as ‘‘Davis-Bacon Act’’). With re-
spect to the labor standards specified in this para-
graph, the Secretary of Labor shall have the author-
ity and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. 
App.) and section 3145 of title 40, United States 
Code. 
(2) 
NEUTRALITY
TOWARD
ORGANIZED 
LABOR.—The Administrator, in coordination with 
the Secretary of Labor and the General Services Ad-
ministration, shall ensure that all covered contrac-
tors and subcontractors have— 
VerDate Sep 11 2014 
05:15 Dec 28, 2022
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H9586.IH
H9586
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) an explicit policy of neutrality with re-
gard to— 
(i) labor organizing for the employees; 
and 
(ii) such employees’ choice to form 
and join labor organizations; and 
(B) policies that require— 
(i) the posting and maintenance of no-
tices in the workplace to such employees of 
their rights under the National Labor Re-
lations Act (29 U.S.C. 151 et seq.); and 
(ii) that such employees are, at the 
beginning of their employment, provided 
notice and information regarding the em-
ployees’ rights under such Act. 
(3) PREFERENCE
FOR
LOCAL
HIRING.—The 
Administrator, in coordination with the Secretary of 
Labor and the General Services Administration, 
shall ensure that all covered contractors and sub-
contractors have explicit policies that provide a pref-
erence for local hiring, consistent with applicable 
Federal law and subject to rules issues by the Sec-
retary of Labor. 
(4) EMPLOYEE CLASSIFICATION.—The Admin-
istrator, in coordination with the Secretary of Labor 
VerDate Sep 11 2014 
05:15 Dec 28, 2022
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H9586.IH
H9586
pbinns on DSKJLVW7X2PROD with $$_JOB
and the General Services Administration, shall en-
sure that a covered contractor or subcontractor con-
siders an individual performing any service as an 
employee (and not an independent contractor) of the 
covered contractor or subcontractor, unless— 
(A) the individual is free from control and 
direction in connection with the performance of 
the service, both under the contract for the per-
formance of the service and in fact; 
(B) the service is performed outside the 
usual course of the business of the covered con-
tractor or subcontractor; and 
(C) the individual is customarily engaged 
in an independently established trade, occupa-
tion, profession, or business of the same nature 
as that involved in such service. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
(a) INITIAL DEVELOPMENT AND ADMINISTRATION.— 
For each of fiscal years 2023 through 2027, there is au-
thorized to be appropriated $11,000,000 to carry out sec-
tions 2 and 3. 
(b) IMPLEMENTATION.—For each of fiscal years 
2023 through 2032, there are authorized to be appro-
priated— 
VerDate Sep 11 2014 
05:15 Dec 28, 2022
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H9586.IH
H9586
pbinns on DSKJLVW7X2PROD with $$_JOB