Creating Low-cost, Efficient And Net-zero Emissions Resilient Buildings Act or the CLEANER Buildings Act
This bill requires the Environmental Protection Agency (EPA) to establish a national model building performance standards initiative for specified purposes, including to assist state and local governments in the development and implementation of building performance standards. Not later than 2 years after the enactment of this bill, the EPA must develop national model building performance standards.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9586 Introduced in House (IH)]
<DOC>
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 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.
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 ``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.
SEC. 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.
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 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.
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 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.
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 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.
SEC. 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.
SEC. 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.
SEC. 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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
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