[House Report 113-371]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-371
======================================================================
BETTER BUILDINGS ACT OF 2014
_______
February 28, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 2126]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 2126) to facilitate better alignment,
cooperation, and best practices between commercial real estate
landlords and tenants regarding energy efficiency in buildings,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 4
Background and Need for Legislation.............................. 5
Hearings......................................................... 7
Committee Consideration.......................................... 7
Committee Votes.................................................. 7
Committee Oversight Findings..................................... 7
Statement of General Performance Goals and Objectives............ 7
New Budget Authority, Entitlement Authority, and Tax Expenditures 7
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 7
Committee Cost Estimate.......................................... 8
Congressional Budget Office Estimate............................. 8
Federal Mandates Statement....................................... 9
Duplication of Federal Programs.................................. 9
Disclosure of Directed Rule Makings.............................. 9
Advisory Committee Statement..................................... 9
Applicability to Legislative Branch.............................. 9
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill, as Reported............ 11
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Better Buildings Act of 2014''.
SEC. 2. ENERGY EFFICIENCY IN FEDERAL AND OTHER BUILDINGS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Cost-effective energy efficiency measure.--The term
``cost-effective energy efficiency measure'' means any building
product, material, equipment, or service, and the installing,
implementing, or operating thereof, that provides energy
savings in an amount that is not less than the cost of such
installing, implementing, or operating.
(3) Cost-effective water efficiency measure.--The term
``cost-effective water efficiency measure'' means any building
product, material, equipment, or service, and the installing,
implementing, or operating thereof, that provides water savings
in an amount that is not less than the cost of such installing,
implementing, or operating.
(b) Model Provisions, Policies, and Best Practices.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in consultation with
the Secretary of Energy and after providing the public with an
opportunity for notice and comment, shall develop model leasing
provisions and best practices in accordance with this
subsection.
(2) Commercial leasing.--
(A) In general.--The model commercial leasing
provisions developed under this subsection shall, at a
minimum, align the interests of building owners and
tenants with regard to investments in cost-effective
energy efficiency measures and cost-effective water
efficiency measures to encourage building owners and
tenants to collaborate to invest in such measures.
(B) Use of model provisions.--The Administrator may
use the model provisions developed under this
subsection in any standard leasing document that
designates a Federal agency (or other client of the
Administrator) as a landlord or tenant.
(C) Publication.--The Administrator shall
periodically publish the model leasing provisions
developed under this subsection, along with explanatory
materials, to encourage building owners and tenants in
the private sector to use such provisions and
materials.
(3) Realty services.--The Administrator shall develop
policies and practices to implement cost-effective energy
efficiency measures and cost-effective water efficiency
measures for the realty services provided by the Administrator
to Federal agencies (or other clients of the Administrator),
including periodic training of appropriate Federal employees
and contractors on how to identify and evaluate those measures.
(4) State and local assistance.--The Administrator, in
consultation with the Secretary of Energy, shall make available
model leasing provisions and best practices developed under
this subsection to State, county, and municipal governments to
manage owned and leased building space in accordance with the
goal of encouraging investment in all cost-effective energy
efficiency measures and cost-effective water efficiency
measures.
SEC. 3. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY
MEASURES.
(a) In General.--Subtitle B of title IV of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17081 et seq.) is amended by adding
at the end the following:
``SEC. 424. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY
MEASURES.
``(a) Definitions.--In this section:
``(1) High-performance energy efficiency measure.--The term
`high-performance energy efficiency measure' means a
technology, product, or practice that will result in
substantial operational cost savings by reducing energy
consumption and utility costs.
``(2) Separate spaces.--The term `separate spaces' means
areas within a commercial building that are leased or otherwise
occupied by a tenant or other occupant for a period of time
pursuant to the terms of a written agreement.
``(b) Study.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary, acting through the
Assistant Secretary of Energy Efficiency and Renewable Energy,
shall complete a study on the feasibility of--
``(A) significantly improving energy efficiency in
commercial buildings through the design and
construction, by owners and tenants, of separate spaces
with high-performance energy efficiency measures; and
``(B) encouraging owners and tenants to implement
high-performance energy efficiency measures in separate
spaces.
``(2) Scope.--The study shall, at a minimum, include--
``(A) descriptions of--
``(i) high-performance energy efficiency
measures that should be considered as part of
the initial design and construction of separate
spaces;
``(ii) processes that owners, tenants,
architects, and engineers may replicate when
designing and constructing separate spaces with
high-performance energy efficiency measures;
``(iii) policies and best practices to
achieve reductions in energy intensities for
lighting, plug loads, heating, cooling,
cooking, laundry, and other systems to satisfy
the needs of the commercial building tenant;
``(iv) return on investment and payback
analyses of the incremental cost and projected
energy savings of the proposed set of high-
performance energy efficiency measures,
including consideration of available
incentives;
``(v) models and simulation methods that
predict the quantity of energy used by separate
spaces with high-performance energy efficiency
measures and that compare that predicted
quantity to the quantity of energy used by
separate spaces without high-performance energy
efficiency measures but that otherwise comply
with applicable building code requirements;
``(vi) measurement and verification platforms
demonstrating actual energy use of high-
performance energy efficiency measures
installed in separate spaces, and whether such
measures generate the savings intended in the
initial design and construction of the separate
spaces;
``(vii) best practices that encourage an
integrated approach to designing and
constructing separate spaces to perform at
optimum energy efficiency in conjunction with
the central systems of a commercial building;
and
``(viii) any impact on employment resulting
from the design and construction of separate
spaces with high-performance energy efficiency
measures; and
``(B) case studies reporting economic and energy
savings returns in the design and construction of
separate spaces with high-performance energy efficiency
measures.
``(3) Public participation.--Not later than 90 days after the
date of the enactment of this section, the Secretary shall
publish a notice in the Federal Register requesting public
comments regarding effective methods, measures, and practices
for the design and construction of separate spaces with high-
performance energy efficiency measures.
``(4) Publication.--The Secretary shall publish the study on
the website of the Department of Energy.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Energy Independence and Security Act of 2007 is amended by inserting
after the item relating to section 423 the following new item:
``Sec. 424. Separate spaces with high-performance energy efficiency
measures.''.
SEC. 4. TENANT STAR PROGRAM.
(a) In General.--Subtitle B of title IV of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17081 et seq.) (as amended by
section 3) is amended by adding at the end the following:
``SEC. 425. TENANT STAR PROGRAM.
``(a) Definitions.--In this section:
``(1) High-performance energy efficiency measure.--The term
`high-performance energy efficiency measure' has the meaning
given the term in section 424.
``(2) Separate spaces.--The term `separate spaces' has the
meaning given the term in section 424.
``(b) Tenant Star.--The Administrator of the Environmental Protection
Agency, in consultation with the Secretary of Energy, shall develop a
voluntary program within the Energy Star program established by section
324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), which
may be known as Tenant Star, to promote energy efficiency in separate
spaces leased by tenants or otherwise occupied within commercial
buildings.
``(c) Expanding Survey Data.--The Secretary of Energy, acting through
the Administrator of the Energy Information Administration, shall--
``(1) collect, through each Commercial Buildings Energy
Consumption Survey of the Energy Information Administration
that is conducted after the date of enactment of this section,
data on--
``(A) categories of building occupancy that are known
to consume significant quantities of energy, such as
occupancy by data centers, trading floors, and
restaurants; and
``(B) other aspects of the property, building
operation, or building occupancy determined by the
Administrator of the Energy Information Administration,
in consultation with the Administrator of the
Environmental Protection Agency, to be relevant in
lowering energy consumption;
``(2) with respect to the first Commercial Buildings Energy
Consumption Survey conducted after the date of enactment of
this section, to the extent full compliance with the
requirements of paragraph (1) is not feasible, conduct
activities to develop the capability to collect such data and
begin to collect such data; and
``(3) make data collected under paragraphs (1) and (2)
available to the public in aggregated form and provide such
data, and any associated results, to the Administrator of the
Environmental Protection Agency for use in accordance with
subsection (d).
``(d) Recognition of Owners and Tenants.--
``(1) Occupancy-based recognition.--Not later than 1 year
after the date on which sufficient data is received pursuant to
subsection (c), the Administrator of the Environmental
Protection Agency shall, following an opportunity for public
notice and comment--
``(A) in a manner similar to the Energy Star rating
system for commercial buildings, develop policies and
procedures to recognize tenants in commercial buildings
that voluntarily achieve high levels of energy
efficiency in separate spaces;
``(B) establish building occupancy categories
eligible for Tenant Star recognition based on the data
collected under subsection (c) and any other
appropriate data sources; and
``(C) consider other forms of recognition for
commercial building tenants or other occupants that
lower energy consumption in separate spaces.
``(2) Design- and construction-based recognition.--After the
study required by section 424(b) is completed, the
Administrator of the Environmental Protection Agency, in
consultation with the Secretary and following an opportunity
for public notice and comment, may develop a voluntary program
to recognize commercial building owners and tenants that use
high-performance energy efficiency measures in the design and
construction of separate spaces.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Energy Independence and Security Act of 2007 is amended by inserting
after the item relating to section 424 (as added by section 3(b)) the
following new item:
``Sec. 425. Tenant Star program.''.
Purpose and Summary
H.R. 2126, the ``Better Buildings Act of 2014,'' was
introduced by Reps. McKinley (R-WV) and Welch (D-VT) on May 23,
2013. H.R. 2126 facilitates the ability of landlords and
tenants to lower energy consumption in commercial buildings
through a market-driven, voluntary, ``best practices''
approach. This bill authorizes the Administrator of the General
Services Administration (GSA) to consult with the Secretary of
Energy to develop model leasing provisions and voluntary best
leasing practices that will align the interests of landlords
and tenants to achieve greater energy and water efficiency in
commercial buildings. The bill also directs the Department of
Energy (DOE) to conduct a study that identifies voluntary best
practices for commercial building owners and tenants to
consider when they design and construct new tenant spaces,
which are rented at the start of a lease and are ``fitted-out''
before the tenant takes occupancy. Finally, H.R. 2126
establishes a ``Tenant Star'' voluntary recognition program
developed by the Administrator of the Environmental Protection
Agency (EPA), in consultation with the Secretary of Energy.
Background and Need for Legislation
Owners and managers of large commercial buildings report
that tenants consume 50 percent or more of their structures'
total energy.\1\ Therefore, Choices made by office tenants in
designing and operating within leased spaces have a significant
impact on U.S. energy consumption. Tenants and building
occupants have an essential role to play within spaces they
control to improve overall building efficiency, particularly
office tenants that use significant amounts of energy, such as
data centers, banks, trading floors, restaurants, and retail
stores.
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\1\See Natural Resources Defense Council, ``High Performance Tenant
Demonstration Project,'' available at http://www.nrdc.org/business/cgi/
process.asp; National Association of Real Estate Investment Trusts,
``Kimco Looks to Lower Retail Tenant Energy Usage,'' (June 2013),
available at http://www.reit.com/Articles/Kimco-Looks-to-Lower-Retail-
Tenant-Energy-Usage.aspx.
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To date, energy efficiency efforts have primarily focused
on how real estate owners and developers may lower energy
consumption at the ``whole-building'' level. For example, the
ENERGY STAR program for commercial ``whole-buildings''
administered by EPA is based on ``whole-building'' recognition
for ``top of the class'' energy performers. The program is a
voluntary, public-private program, which has improved how real
estate owners, utilities, governments, and businesses interact
with their customers to improve energy efficiency in buildings
and lower energy costs.
In 2012, more than 20,000 ENERGY STAR certified buildings
across the United States helped save more than $2.7 billion in
annual utility bills.\2\ Further, the cumulative number of
ENERGY STAR certified buildings increased by more than 24
percent from 2011 to 2012, representing more than 3 billion
square feet of floor space nationwide. In 2012 alone, more than
8,200 buildings earned EPA's Energy Star certification.\3\
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\2\EPA ENERGY STAR, ``Facts and Stats,'' available at http://
www.energystar.gov/buildings/about-us/facts-and-stats.
\3\EPA ENERGY STAR, ``Overview of 2012 Achievements,'' available at
http://www.energystar.gov/ia/partners/publications/pubdocs/ES%20bi-
fold%20031313%20FINAL%20for%20print%20rev.pdf.
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In contrast to energy efficiency programs that focus solely
on the whole building, H.R. 2126 takes into consideration the
energy consumption impacts and behaviors of office tenants, a
focus that presently is lacking under existing Federal
efficiency programs.
Commercial tenants are most likely to make structural
investments in the building areas they occupy when they enter
into new leases, or renew leases. In order to encourage high-
performance design and construction of leased spaces at the
point of new ``fit-outs'' that suit tenants' needs, H.R. 2126
directs DOE to study and learn from private sector ``best
practices'' of how commercially leased spaces are designed ``up
front'' to (1) achieve high performance, (2) implement cost
effective measures with viable pay-back periods given lease
duration, and (3) reduce utility costs for businesses. Based on
DOE's study, EPA then may develop a voluntary program to reward
and recognize tenants that design and construct high
performance leased spaces.
H.R. 2126 also builds upon the existing ENERGY STAR program
for whole buildings by establishing a voluntary, market-based
program by which tenant spaces can be certified as ``Tenant
Star'' spaces within ENERY STAR whole buildings. Establishing
recognition opportunities for leased commercial spaces can
transform how building owners and their tenants think about
energy efficiency.
Given that the Federal government is the largest commercial
office tenant in the United States, the GSA is responsible for
leasing significant amounts of office space from private
building owners. With stakeholder input, H.R. 2126 directs GSA
to develop model leasing provisions to facilitate cooperation
between Federal tenants and private sector building owners to
encourage sensible, cost-effective investments in efficiency to
reduce Federal energy costs. The Committee recognizes the
connection between education and training for building
professionals, improved building performance, and energy
savings.
Supporters of the legislation
Supporters of the legislation include: Air Barrier
Association of America, Air Conditioning Contractors of
America, Alliance to Save Energy, American Chemistry Council,
American Council for an Energy-Efficient Economy, American
Gaming Association, American Hotel & Lodging Association,
American Institute of Architects, American Resort Development
Association, American Society of Interior Designers (ASID),
ASHRAE, Association of Energy Engineers (AEE), Bayer
MaterialScience LLC, Big Ass Fans, Boston Properties,
Brandywine Realty Trust, Building Owners and Managers
Association (BOMA) International, CBRE, Inc., CCIM Institute,
Conservation Services Group, Conservatives for Responsible
Stewardship, Cree, Inc., Danfoss, DESSC, The Dow Chemical
Company, Earth Day Network, Efficiency.org, EIFS Industry
Members Association (EIMA), Empire State Building Company/
Malkin Holdings, Energy Future Coalition, Energy Systems Group,
Environment America, Environmental and Energy Study Institute,
First Potomac Realty Trust, Grundfos, Illuminating Engineering
Society (IES), Interfaith Power & Light, International
Association of Lighting Designers, Institute for Market
Transformation, Institute of Real Estate Management,
International Council of Shopping Centers, International Union
of Painters and Allied Trades (IUPAT), Johnson Controls, Inc.,
Jones Lang LaSalle, Knauf Insulation, Large Public Power
Council, LBA Realty, Legrand, LonMark International, Metrus
Energy, Inc., NAIOP, Commercial Real Estate Development
Association, National Apartment Association, National
Association of Energy Service Companies (NAESCO), National
Association of Home Builders, National Association of Real
Estate Investment Trusts, National Association of REALTORS,
National Association of the Remodeling Industry, National
Association for State Community Services Program, National
Association of State Energy Officials, National Electrical
Manufacturers Association, National Fenestration Rating Council
(NFRC), National Institute of Building Sciences, National
Insulation Association, National Multi Housing Council, Natural
Resources Defense Council, National Restaurant Association,
OpenADR Alliance, Passive House Institute US, Philips,
Plumbing-Heating-Cooling Contractors--National Association,
Polyisocyanurate Insulation Manufacturers Association,
Prologis, Inc., Real Estate Board of New York, Related
Companies, Rising Realty Partners, Rudin Management Company,
Inc., Seattle City Light, Sheet Metal and Air Conditioning
Contractors' National Association, Inc., Shorenstein Properties
LLC, Siemens Building Technologies, Inc., Sierra Club, Southern
Oregon Climate Action Now, Spray Polyurethane Foam Alliance
(SPFA), The Stella Group, Ltd, SUN DAY Campaign, The Real
Estate Roundtable, The Stella Group, Ltd., Tishman Speyer,
Transwestern, U.S. Green Building Council, USAA Real Estate
Co., Vinyl Siding Institute, Vornado Realty Trust, and Window
and Door Manufacturers Association.
Hearings
The Committee on Energy and Commerce has not held hearings
on H.R. 2126.
Committee Consideration
On January 27 and 28, 2014, the Committee on Energy and
Commerce met in open markup session. During the markup, an
amendment in the nature of a substitute was offered and adopted
by a voice vote. Mr. McNerney (D-CA) offered an amendment to
the amendment in the nature of a substitute, which was adopted
by a voice vote. The Committee ordered H.R. 2126 favorably
reported, by a voice vote, to the House of Representatives, as
amended.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 2126 reported. A motion by Mr. Upton to order H.R. 2126
reported to the House, as amended, was agreed to by a voice
vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee made findings that are
reflected in this report.
Statement of General Performance Goals and Objectives
H.R. 2126 facilitates the ability of landlords and tenants
to lower energy consumption in commercial buildings through a
market-driven, voluntary, ``best practices'' approach.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2126, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 2126 contains no earmarks, limited tax
benefits, or limited tariff benefits.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 20, 2014.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2126, the Better
Buildings Act of 2014.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Robert A. Sunshine
(For Douglas W. Elmendorf, Director).
Enclosure.
H.R. 2126--Better Buildings Act of 2014
H.R. 2126 would amend federal law aimed at improving the
energy efficiency of commercial office buildings. The
legislation would require the General Services Administration
(GSA) to develop model leasing provisions to encourage energy
efficiency in privately owned buildings with federal tenants.
The bill also would establish a program similar to the
Environmental Protection Agency's Energy Star program to
promote energy efficiency in buildings leased to the federal
government. Finally, the bill would require the Department of
Energy (DOE) to prepare a report to the Congress on energy
efficiency in commercial buildings.
Since the 1970s, many laws and policies have been enacted
to reduce energy consumption. According to the GSA, most of the
provisions of the bill are broadly consistent with existing law
and practices. As a result, CBO does not expect that enacting
H.R. 2126 would significantly affect agencies' administrative
costs or result in significant additional investments by the
federal government in energy savings initiatives. Optimizing
the use of energy conservation measures in buildings leased by
the government could eventually reduce federal spending by
lowering occupancy costs, but CBO does not expect agencies
would realize any significant savings from such efforts during
the next few years. Enacting the bill would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
H.R. 2126 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Duplication of Federal Programs
No provision of H.R. 2126 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 2126
specifically directs no rule makings within the meaning of 5
U.S.C. 551 to be completed.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides the short title of the ``Better
Buildings Act of 2013.''
Section 2. Energy efficiency in Federal and other buildings
This section directs the U.S. General Services
Administration (GSA) Administrator to consult with the
Secretary of Energy to develop model leasing provisions and
voluntary best leasing practices that align the interests of
landlords and tenants to achieve greater energy and water
efficiency in commercial buildings.
Section 2(a) defines ``cost-effective energy efficiency
measure'' and ``cost-effective water efficiency measure'' as
any building product, material, or equipment that pays for
itself through energy or water savings.
Section 2(b) directs the GSA Administrator to consult with
the Secretary of Energy to develop model leasing provisions and
best leasing practices. These provisions and practices shall be
developed with public input and no later than six months after
enactment of the Act. The purpose of these provisions and
practices is to assist building owners and their tenants in
making decisions about cost effective investments in energy and
water efficiency measures.
Any model provisions may be used by the GSA in
standard Federal leasing documents.
The model leasing provisions shall be published
periodically with explanatory materials to encourage their use
by private sector commercial building owners and tenants.
The realty services provided by GSA to Federal
agency clients shall include periodic training of Federal
employees and contractors to identify and evaluate energy and
water efficiency measures during Federal leasing activities.
The model leasing provisions shall be made
available to State, municipal, and local government entities
that own, manage, and lease buildings, to encourage those
landlords and tenants to invest in cost-effective energy and
water efficiency measures.
Section 3. Separate spaces with high-performance energy efficiency
measures
This section directs the DOE to conduct a study that
identifies voluntary best practices for commercial building
owners and tenants to consider in designing and constructing
new tenant spaces, which are rented at the start of a lease and
are ``fitted-out'' before the tenant takes occupancy.
Section 3(a) contains the following definitions:
``High-performance energy efficiency measure''
means a building technology, product, or practice that results
in substantial savings by reducing energy consumption and
lowering utility bills.
``Separate spaces'' means areas within a
commercial building that are leased or otherwise occupied by a
tenant, pursuant to the terms and conditions of a lease
agreement.
Section 3(b) directs the Secretary of Energy, within one
year after enactment of the section, to complete a study on the
feasibility of improving energy efficiency in commercial
buildings through the design and construction of separate
spaces with high-performance energy efficiency measures. Among
other things, the scope of the study shall include descriptions
of processes that owners, tenants, architects, and engineers
may replicate when designing and constructing high-performance
tenant spaces; policies and best practices to achieve energy
intensities for lighting, plug loads, cooking, and other
systems that satisfy commercial tenants' needs; return on
investment and payback analyses of the costs of high-
performance energy efficiency measures that may be installed in
separate spaces and their projected energy savings; and best
practices that encourage design and construction of separate
spaces at optimum energy efficiency to interact with a
commercial building's central systems. The study also shall
include case studies reporting economic and energy savings
returns in the design and construction phase of high-
performance separate spaces.
Section 4. Tenant Star program
This section establishes a ``Tenant Star'' voluntary
recognition program developed by the EPA Administrator, in
consultation with the Secretary of Energy.
Section 4(a) incorporates the same definitions from section
3(a) for ``high-performance energy efficiency measure'' and
``separate spaces.''
Section 4(b) authorizes the development of the ``Tenant
Star'' program within the existing ``Energy Star'' voluntary
recognition program currently administered by EPA. The purpose
of the ``Tenant Star'' recognition program is to promote energy
efficiency in separate spaces leased by tenants in commercial
buildings.
Section 4(c) directs that the current Commercial Building
Energy Consumption Survey (CBECS), a data-gathering program
administered by DOE's Energy Information Administration (EIA),
collect data on categories of building occupants that are known
to consume significant quantities of energy (e.g., data
centers, trading floors, and restaurants). Such tenant-based
data collected through CBECS shall be used to provide baseline
information for the ``Tenant Star'' recognition program.
Section 4(c)(2) acknowledges that it may not be feasible for
EIA to collect all of the necessary data in the first CBECS
conducted after the date of enactment of this section.
Section 4(d) establishes two voluntary programs, developed
by EPA after sufficient data is available with comments from
the public, to recognize high energy efficiency practices and
performance of commercial building tenants.
The first is ``occupancy'' based, where EPA
provides recognition to tenants that voluntarily achieve high
levels of energy efficiency while they occupy leased spaces.
This occupancy-based recognition for high-performance separate
spaces shall be based on EPA's current ``Energy Star'' rating
for energy efficient whole buildings.
The second is ``design'' based, where EPA (in
consultation with DOE) may recognize commercial building owners
and tenants that use high-performance energy efficiency
measures at the start of lease terms when new spaces are
``fitted-out'' prior to occupancy. This program may be
established after the study on high-performance design and
construction of leased spaces authorized in section 3 is
completed.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY
* * * * * * *
Subtitle B--High-Performance Commercial Buildings
* * * * * * *
Sec. 424. Separate spaces with high-performance energy efficiency
measures.
Sec. 425. Tenant Star program.
* * * * * * *
TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY
* * * * * * *
Subtitle B--High-Performance Commercial Buildings
* * * * * * *
SEC. 424. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY
MEASURES.
(a) Definitions.--In this section:
(1) High-performance energy efficiency measure.--The
term ``high-performance energy efficiency measure''
means a technology, product, or practice that will
result in substantial operational cost savings by
reducing energy consumption and utility costs.
(2) Separate spaces.--The term ``separate spaces''
means areas within a commercial building that are
leased or otherwise occupied by a tenant or other
occupant for a period of time pursuant to the terms of
a written agreement.
(b) Study.--
(1) In general.--Not later than 1 year after the date
of enactment of this section, the Secretary, acting
through the Assistant Secretary of Energy Efficiency
and Renewable Energy, shall complete a study on the
feasibility of--
(A) significantly improving energy efficiency
in commercial buildings through the design and
construction, by owners and tenants, of
separate spaces with high-performance energy
efficiency measures; and
(B) encouraging owners and tenants to
implement high-performance energy efficiency
measures in separate spaces.
(2) Scope.--The study shall, at a minimum, include--
(A) descriptions of--
(i) high-performance energy
efficiency measures that should be
considered as part of the initial
design and construction of separate
spaces;
(ii) processes that owners, tenants,
architects, and engineers may replicate
when designing and constructing
separate spaces with high-performance
energy efficiency measures;
(iii) policies and best practices to
achieve reductions in energy
intensities for lighting, plug loads,
heating, cooling, cooking, laundry, and
other systems to satisfy the needs of
the commercial building tenant;
(iv) return on investment and payback
analyses of the incremental cost and
projected energy savings of the
proposed set of high-performance energy
efficiency measures, including
consideration of available incentives;
(v) models and simulation methods
that predict the quantity of energy
used by separate spaces with high-
performance energy efficiency measures
and that compare that predicted
quantity to the quantity of energy used
by separate spaces without high-
performance energy efficiency measures
but that otherwise comply with
applicable building code requirements;
(vi) measurement and verification
platforms demonstrating actual energy
use of high-performance energy
efficiency measures installed in
separate spaces, and whether such
measures generate the savings intended
in the initial design and construction
of the separate spaces;
(vii) best practices that encourage
an integrated approach to designing and
constructing separate spaces to perform
at optimum energy efficiency in
conjunction with the central systems of
a commercial building; and
(viii) any impact on employment
resulting from the design and
construction of separate spaces with
high-performance energy efficiency
measures; and
(B) case studies reporting economic and
energy savings returns in the design and
construction of separate spaces with high-
performance energy efficiency measures.
(3) Public participation.--Not later than 90 days
after the date of the enactment of this section, the
Secretary shall publish a notice in the Federal
Register requesting public comments regarding effective
methods, measures, and practices for the design and
construction of separate spaces with high-performance
energy efficiency measures.
(4) Publication.--The Secretary shall publish the
study on the website of the Department of Energy.
SEC. 425. TENANT STAR PROGRAM.
(a) Definitions.--In this section:
(1) High-performance energy efficiency measure.--The
term ``high-performance energy efficiency measure'' has
the meaning given the term in section 424.
(2) Separate spaces.--The term ``separate spaces''
has the meaning given the term in section 424.
(b) Tenant Star.--The Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Energy, shall develop a voluntary program within the Energy
Star program established by section 324A of the Energy Policy
and Conservation Act (42 U.S.C. 6294a), which may be known as
Tenant Star, to promote energy efficiency in separate spaces
leased by tenants or otherwise occupied within commercial
buildings.
(c) Expanding Survey Data.--The Secretary of Energy, acting
through the Administrator of the Energy Information
Administration, shall--
(1) collect, through each Commercial Buildings Energy
Consumption Survey of the Energy Information
Administration that is conducted after the date of
enactment of this section, data on--
(A) categories of building occupancy that are
known to consume significant quantities of
energy, such as occupancy by data centers,
trading floors, and restaurants; and
(B) other aspects of the property, building
operation, or building occupancy determined by
the Administrator of the Energy Information
Administration, in consultation with the
Administrator of the Environmental Protection
Agency, to be relevant in lowering energy
consumption;
(2) with respect to the first Commercial Buildings
Energy Consumption Survey conducted after the date of
enactment of this section, to the extent full
compliance with the requirements of paragraph (1) is
not feasible, conduct activities to develop the
capability to collect such data and begin to collect
such data; and
(3) make data collected under paragraphs (1) and (2)
available to the public in aggregated form and provide
such data, and any associated results, to the
Administrator of the Environmental Protection Agency
for use in accordance with subsection (d).
(d) Recognition of Owners and Tenants.--
(1) Occupancy-based recognition.--Not later than 1
year after the date on which sufficient data is
received pursuant to subsection (c), the Administrator
of the Environmental Protection Agency shall, following
an opportunity for public notice and comment--
(A) in a manner similar to the Energy Star
rating system for commercial buildings, develop
policies and procedures to recognize tenants in
commercial buildings that voluntarily achieve
high levels of energy efficiency in separate
spaces;
(B) establish building occupancy categories
eligible for Tenant Star recognition based on
the data collected under subsection (c) and any
other appropriate data sources; and
(C) consider other forms of recognition for
commercial building tenants or other occupants
that lower energy consumption in separate
spaces.
(2) Design- and construction-based recognition.--
After the study required by section 424(b) is
completed, the Administrator of the Environmental
Protection Agency, in consultation with the Secretary
and following an opportunity for public notice and
comment, may develop a voluntary program to recognize
commercial building owners and tenants that use high-
performance energy efficiency measures in the design
and construction of separate spaces.
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