I 117th CONGRESS 2d Session H. R. 9586 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 Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the establishment of a national model building performance standards initiative, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Creating Low-cost, Efficient And Net-zero Emissions Resilient Buildings Act or the CLEANER Buildings Act . (b) Table of contents The table of contents for this Act is as follows: 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. 2. National model building performance standards initiative (a) Establishment The Administrator, in coordination 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 performance standards; (2) advance knowledge about building energy and water performance and greenhouse gas emissions; (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 national model building performance standards initiative under subsection (a), the Administrator shall— (1) develop national model building performance standards in accordance with section 3; (2) provide assistance to State and local governments under section 4; and (3) provide related information to relevant entities, 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 carrying out subsection (a), the Administrator may— (1) coordinate with all relevant program offices across Federal Government agencies; and (2) collaborate with relevant stakeholders, including— (A) State and local governments, including State air quality and utility regulators; (B) metropolitan and rural planning organizations; (C) labor union organizations; (D) environmental and environmental justice organizations; (E) building developers; (F) building manufacturers; (G) utilities; (H) infrastructure providers; (I) technology providers; (J) infrastructure construction and component parts suppliers; (K) multi-State and regional entities; (L) experts from academia and nonprofits; (M) affordable housing providers; and (N) any other entities determined appropriate by the Secretary. (d) Existing programs In carrying out subsection (a), the Administrator shall make appropriate use of existing programs and resources relevant to building performance standards. 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 coordination 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, transparency, and reporting requirements needed to implement the national model building performance standards while maintaining the protection of personal privacy through the use of anonymized data; (2) identify commercial building and multi-family building property types, sizes, and occupancy rates covered by the national model building performance standards; (3) establish metrics and calculations to determine 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 performance 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 effective dates for compliance with building performance standards, including— (A) consideration of effective dates that phase in based on the size of the relevant property; and (B) recommendations for adequate lead time before compliance is required, to ensure that property owners can make investments to meet near-term and long-term building performance 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 standards; (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 develop and implement national model building performance standards, as determined by the Administrator. (c) Periodic review The Administrator, in coordination with the Secretary, may— (1) periodically review the national model building performance standards developed under this section; and (2) on completion of a review under paragraph (1), if the Administrator determines that significant energy and water savings and greenhouse gas emissions reductions could result, revise the national model building performance standards. 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 provide relevant technical assistance to any State or local government 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 building performance standards for property owners; (4) internet-based information resources and project tracking systems and tools established and maintained by the Administrator for energy and water consumption and greenhouse gas emissions reduction management; and (5) education and outreach on existing applicable 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 established under section 2, the Administrator shall provide financial assistance to States and local governments to establish building performance standards 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 Administrator shall establish funding award limits and application requirements for financial assistance under this subsection. (3) Priority In providing financial assistance under this subsection, the Administrator shall give priority to States and local governments submitting applications that— (A) identify environmental justice communities served or represented by the State or local government that will benefit from the development, implementation, and enforcement of the building performance standards; (B) include plans to ensure that environmental 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 implementation and enforcement of the building performance standards. 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 assistance 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 impact of such assistance on achieving full compliance with building performance standards in jurisdictions 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 consumption and greenhouse gas emissions reduction statistics; and (2) an assessment of compliance rates with building performance standards, and other trends observed. 6. Performance standard application to existing 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 congressional buildings and facilities, taking into consideration 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 or exceed the building performance standards required pursuant to subsection (a). (c) Labor standards (1) Davis-bacon The Administrator, in coordination with the Secretary of Labor and the General Services Administration, shall ensure that all laborers and mechanics employed by a covered contractor 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 Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as Davis-Bacon Act ). With respect to the labor standards specified in this paragraph, the Secretary of Labor shall have the authority 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 Administration, shall ensure that all covered contractors and subcontractors have— (A) an explicit policy of neutrality with regard 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 notices in the workplace to such employees of their rights under the National Labor Relations 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 employees’ 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 subcontractors have explicit policies that provide a preference for local hiring, consistent with applicable Federal law and subject to rules issues by the Secretary of Labor. (4) Employee classification The Administrator, in coordination with the Secretary of Labor and the General Services Administration, shall ensure that a covered contractor or subcontractor considers 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 performance of the service and in fact; (B) the service is performed outside the usual course of the business of the covered contractor or subcontractor; and (C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. 7. Authorization of appropriations (a) Initial development and administration For each of fiscal years 2023 through 2027, there is authorized to be appropriated $11,000,000 to carry out sections 2 and 3. (b) Implementation For each of fiscal years 2023 through 2032, there are authorized to be appropriated— (1) $5,000,000 to carry out section 4(a), to remain available until expended; (2) $50,000,000 to carry out section 4(b); and (3) $5,000,000 to carry out section 6. 8. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Anonymized data The term anonymized data means data that does not reveal names, addresses, or any other information that would identify an individual or business. (3) Building performance standard The term building performance standard means a performance standard applicable to aggregated energy or water usage for an entire building (including as measured by any separate meters for the building). (4) Covered contractor or subcontractor The term covered contractor or subcontractor means a contractor or subcontractor on a project for the construction, alteration, or repair of a Federal building to comply with the national building performance standards as required under section 6. (5) Energy Star Portfolio Manager The term Energy Star Portfolio Manager means the tool developed and maintained by the Administrator to track and assess the relative energy performance of buildings. (6) Greenhouse gas The term greenhouse gas means— (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) perfluorocarbons; (E) sulfur hexafluoride; (F) nitrogen trifluoride; (G) chlorofluorocarbons; and (H) any other anthropogenically emitted gas or particulate that the Administrator determines, after notice and comment, to contribute to climate change. (7) Greenhouse gas emissions The term greenhouse gas emissions means emissions of greenhouse gas, expressed in terms of metric tons of carbon dioxide equivalent. (8) Secretary The term Secretary means the Secretary of Energy. (9) State The term State means— (A) a State; (B) the District of Columbia; (C) each territory and possession of the United States; and (D) the governing body of each federally recognized Indian Tribe, band, nation, pueblo, or other organized group or community that is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians.