Energy Savings and Building Efficiency Act of 2019
This bill revises provisions related to building energy codes, including by directing the Department of Energy to provide technical assistance to states, Indian tribes, and local governments to implement technically feasible and cost-effective building energy codes.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3586 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3586
To promote energy savings in residential and commercial buildings and
industry, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2019
Mr. Schrader (for himself, Mr. Flores, Mr. Correa, Mr. Peterson, and
Mr. O'Halleran) introduced the following bill; which was referred to
the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To promote energy savings in residential and commercial buildings and
industry, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 ``Energy Savings and
Building Efficiency Act of 2019''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--BUILDINGS
Subtitle A--Building Energy Codes
Sec. 101. Greater energy efficiency in building codes.
Subtitle B--Worker Training and Capacity Building
Sec. 111. Building training and assessment centers.
TITLE II--MISCELLANEOUS
Sec. 201. Voluntary nature of building asset rating program.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of Energy.
TITLE I--BUILDINGS
Subtitle A--Building Energy Codes
SEC. 101. GREATER ENERGY EFFICIENCY IN BUILDING CODES.
(a) Definitions.--Section 303 of the Energy Conservation and
Production Act (42 U.S.C. 6832) is amended--
(1) by striking paragraph (14) and inserting the following:
``(14) Model building energy code.--The term `model
building energy code' means a voluntary building energy code or
standard developed and updated through a consensus process
among interested persons, such as the IECC or ASHRAE Standard
90.1 or a code used by other appropriate organizations.''; and
(2) by adding at the end the following:
``(17) IECC.--The term `IECC' means the International
Energy Conservation Code as published by the International Code
Council.
``(18) ASHRAE standard 90.1.--The term `ASHRAE Standard
90.1' means the American Society of Heating, Refrigerating and
Air Conditioning Engineers ANSI/ASHRAE/IESNA Standard 90.1
Energy Standard for Buildings Except Low-Rise Residential
Buildings.
``(19) Cost-effective.--The term `cost-effective' means
having a simple payback of 10 years or less.
``(20) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).
``(21) 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.
``(22) 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 EFFICIENCY CODES.
``(a) In General.--The Secretary shall provide technical
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 and local
codes.
``(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
recently published model building energy code;
or
``(ii) the energy savings of the existing
Energy code previously in effect.
``(C) No model building energy code update.--If a
model building energy code is not updated, each State
or Indian tribe shall not be subject to any
certification requirements.
``(2) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the code provisions 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, respectively 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 Building Energy Codes.--
``(1) Requirement.--
``(A) In general.--Not later than 3 years after the
date of a certification under subsection (b), each
State and Indian tribe shall certify whether or not the
State and Indian tribe, respectively, has--
``(i) achieved full compliance under
paragraph (3) with the applicable certified
State and Indian tribe building energy code or
with the associated model building energy code;
or
``(ii) made significant progress under
paragraph (4) toward achieving compliance with
the applicable certified State and Indian 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, respectively.
``(2) Measurement of compliance.--A certification under
paragraph (1) shall include documentation of the rate of
compliance based on--
``(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 substantially meets
all the requirements of the applicable 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
preceding year.
``(4) Significant progress toward achievement of
compliance.--A State or Indian tribe shall be considered to
have made significant progress toward achieving compliance for
purposes of paragraph (1) if the State or Indian tribe 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.
``(5) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the State or Indian tribe
has demonstrated meeting the criteria of this
subsection, including accurate measurement of
compliance;
``(B) determine whether the certification submitted
by the State or Indian tribe is complete; 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 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 subsection (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 requirements and submitting the certification.
``(2) State sovereignty.--Nothing in this section shall be
interpreted to require a State or Indian 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 validated a certification under
subsection (b) or (c), a local government may be eligible for
Federal support by meeting the certification requirements of
subsections (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--
``(i) the status of model building energy
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.
``(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
simple payback analysis);
``(ii) resulting energy costs to
individuals and businesses; and
``(iii) resulting overall annual building
ownership and operating costs.
``(e) Technical Assistance to States and Indian Tribes.--
``(1) In general.--The Secretary shall, upon request,
provide technical assistance to States and Indian tribes to
implement the goals and requirements of this section, including
procedures and technical analysis for States and Indian
tribes--
``(A) to implement State residential and commercial
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; 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 considerations,
referenced in section 307(c)(5), of implementing
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 efficiency impacts of the
model building energy codes; and
``(G) complying with a performance-based pathway
referenced in the model code.
``(3) Exclusion.--Technical assistance under this section--
``(A) shall not include actions that promote or
discourage the adoption of a particular building energy
code or code provision to a State or Indian tribe; and
``(B) shall not be provided for adoption and
implementation of model building energy codes for which
the Secretary has made a determination under section
307(f)(2)(C) that the code is not cost-effective.
``(4) Information quality and transparency.--For purposes
of this section, information provided by the Secretary,
attendant to any technical 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 in the Federal Register on February 22,
2002 (67 Fed. Reg. 8452).
``(5) Training.--Support shall be offered to States to
train State and local building code officials to implement and
enforce model building energy codes.
``(6) Local governments.--States may work under this
subsection with local governments that implement and enforce
the codes.
``(7) States adopting other codes.--Upon a State's written
request, technical assistance may be provided to States
adopting an energy code other than a model building energy
code.
``(f) 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 exceed 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) non-binding guidelines for energy-efficient
building design.
``(2) Targets.--The voluntary programs described in
paragraph (1) shall be designed--
``(A) to achieve substantial energy savings
compared to the model building energy codes; and
``(B) to achieve these savings up to 3 to 6 years
in advance.
``(g) Studies.--
``(1) GAO study.--
``(A) The Comptroller General of the United States
shall conduct a study of the impacts of updating the
national model building energy codes for residential
and commercial 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 compared to
predicted consumer cost savings; and
``(iii) an accounting of expenditures of
the Federal funds under each program authorized
by the title or by amendments made by this
title.
``(B) Report to congress.--Not later than 3 years
after the date of enactment of the Energy Savings and
Building Efficiency Act of 2019, the Comptroller
General of the United States shall submit a report to
the Committee on Energy and Natural Resources of the
Senate and the Committee on Energy and Commerce of the
House of Representatives 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 constructed in a
manner that makes the buildings more adaptable in the
future to become zero-net-energy after initial
construction, as advances are achieved in energy-saving
technologies;
``(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 energy
savings from building energy codes, including
additional incentives for effective State and local
verification of compliance with and enforcement of a
code.
``(3) Energy data in multi-tenant buildings.--The
Secretary, in consultation with appropriate representatives of
the utility, utility regulatory, building ownership, and other
stakeholders, shall--
``(A) undertake a study of best practices regarding
delivery of aggregated energy consumption information
to owners and managers of residential and commercial
buildings with multiple tenants and uses; and
``(B) consider the development of a memorandum of
understanding between and among affected stakeholders
to reduce barriers to the delivery of aggregated energy
consumption information to such owners and managers.
``(h) Effect on Other Laws.--Nothing in this section 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.).
``(i) Funding Limitations.--No Federal funds shall be used to
support actions by the Secretary, or States, to promote or discourage
the adoption of a particular building energy code or code provision to
a State or Indian tribe; or be provided to private third parties or
non-governmental organizations to engage in this type of advocacy.''.
(c) Model Building Energy Codes.--Section 307 of the Energy
Conservation and Production Act (42 U.S.C. 6836) is amended to read as
follows:
``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.
``(a) In General.--The Secretary shall provide technical
assistance, as described in subsection (b), for updating of model
building energy codes.
``(b) 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 development organizations consistent with
the goals of this section.
``(2) Technical assistance.--The technical assistance shall
include, as requested by the organizations, technical
assistance in--
``(A) evaluating the energy savings of building
energy codes;
``(B) assessing the economic considerations, under
subsection (c)(5), of code or standards proposals or
revisions;
``(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 pathway 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.--For purposes of this section, `technical
assistance' shall not include actions that promote or
discourage the adoption of a particular building energy code or
code provision. Notwithstanding this exclusion, the Secretary
shall be permitted to participate fully in code development
activities consistent with the paragraph (2)(I).
``(4) Information quality and transparency.--For purposes
of this section, information provided by the Secretary is
`influential information' and shall satisfy the guidelines
established by the Office of Management and Budget and
published in the Federal Register on February 22, 2002 (67 Fed.
Reg. 8452).
``(c) Amendment Proposals.--
``(1) In general.--The Secretary may submit to the model
building energy code-setting and standard development
organizations timely model building energy code amendment
proposals, with supporting evidence, that--
``(A) are at the maximum level of energy efficiency
that is technically feasible, technology-neutral, and
cost effective, while accounting for the economic
considerations under paragraph (5);
``(B) promote the achievement of commercial and
residential high-performance buildings through high-
performance energy efficiency (within the meaning of
section 401 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17061)); and
``(C) increase adoptability and compliance
according to section 304 and paragraph (3).
``(2) Process and factors.--All amendment proposals
submitted by the Secretary, along with the entire calculation
methodology (including input assumptions and data), shall be
published in the Federal Register and made available on the
Department of Energy website 90 days prior to any submittal to
a code development body. Additionally, the Secretary shall
accept public comments for a period of not less than 60 days.
Information provided by the Secretary, attendant to submission
of any amendment proposals, is `influential information', and
shall satisfy the guidelines established by the Office of
Management and Budget and published in the Federal Register on
February 22, 2002 (67 Fed. Reg. 8452). When calculating the
costs and benefits of an amendment, the Secretary shall use
climate zone weighted averages for equipment efficiency for
heating, cooling, ventilation systems and water heating
systems, using equipment that is actually installed.
``(3) Small business.--When establishing amendments under
paragraph (1), the Secretary shall ensure compliance with the
Small Business Regulatory Enforcement Fairness Act of 1996 (5
U.S.C. 601 note; Public Law 104-121) for any indirect economic
effect on small entities that is reasonably foreseeable and a
result of such amendment rule.
``(4) Appliance standards and other factors affecting
building energy use.--
``(A) In general.--In establishing amendments under
paragraph (1), the Secretary shall develop and adjust
the amendments in recognition of potential savings and
costs relating to--
``(i) efficiency gains made in appliances,
lighting, windows, insulation, and building
envelope sealing;
``(ii) advancement of distributed
generation and on-site renewable power
generation technologies;
``(iii) equipment improvements for heating,
cooling, ventilation systems and water heating
systems;
``(iv) building management systems and
SmartGrid technologies to reduce energy use;
and
``(v) other technologies, practices, and
building systems regarding building plug load
and other energy uses.
``(B) Requirement.--In developing and adjusting the
amendments, the Secretary shall use climate zone
weighted averages for equipment efficiency for heating,
cooling, ventilation systems and water heating systems,
using equipment that is actually installed.
``(5) Economic considerations.--In establishing and
revising amendments under paragraph (1), the Secretary shall
consider the economic feasibility of achieving the proposed
amendments established under this section and the potential
costs 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 provide technical or financial
assistance for, any provision in the code or amendment that has
a simple payback greater than 10 years.
``(d) Analysis Methodology.--The Secretary shall make publicly
available the entire calculation methodology (including input
assumptions and data) used by the Secretary to estimate the energy
savings of code or standard proposals and revisions.
``(e) Methodology Development.--The Secretary shall establish a
methodology for evaluating cost-effectiveness of energy code changes in
multifamily buildings that incorporates economic parameters
representative of typical multifamily buildings.
``(f) Determination.--
``(1) Analysis.--If the provisions of the IECC or ASHRAE
Standard 90.1 regarding building energy use are revised, not
later than 90 days after the date of the publication of the
revised code, the Secretary shall conduct a return on
investment analysis of the entire code, by climate zone, using
a simple payback methodology over a 3-, 5-, and 7-year period.
``(2) Determination.--If the provisions of the IECC or
ASHRAE Standard 90.1 regarding building energy use are revised,
the Secretary shall make a determination not later than 15
months after the date of the publication of the revised code,
on whether or not the revised code--
``(A) improves energy efficiency in buildings
compared to the previously existing model building
energy code;
``(B) is technically feasible; and
``(C) is cost-effective.
``(g) Administration.--In carrying out this section, the Secretary
shall--
``(1) publish notice of amendment proposals and supporting
analysis and determinations under this section in the Federal
Register to provide an explanation of and the basis for such
actions, including any supporting modeling, data, assumptions,
protocols, and cost benefit analysis, including return on
investment; and
``(2) provide an opportunity for public comment on
amendment proposals and supporting analysis and determinations
under this section.
``(h) 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.''.
Subtitle B--Worker Training and Capacity Building
SEC. 111. BUILDING TRAINING AND ASSESSMENT CENTERS.
The Secretary shall provide grants to institutions of higher
education (as defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as defined
in section 316(b) of that Act (20 U.S.C. 1059c(b))) to establish
building training and assessment centers--
(1) to identify opportunities for optimizing energy
efficiency and environmental performance in buildings;
(2) to promote the application of emerging concepts and
technologies in commercial and institutional buildings; and
(3) to train engineers, architects, building scientists,
building energy permitting and enforcement officials, and
building technicians in energy-efficient design and operation.
TITLE II--MISCELLANEOUS
SEC. 201. VOLUNTARY NATURE OF BUILDING ASSET RATING PROGRAM.
(a) In General.--Any program of the Secretary that may enable the
owner of a commercial building 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.--Information disseminated
by the Secretary regarding 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 municipal government body.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy.
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