Lost the formatting, but it is SEC. 204
H.R.2454
American Clean Energy and Security Act of 2009 (Engrossed as Agreed to or Passed by House)
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SEC. 204. BUILDING ENERGY PERFORMANCE LABELING PROGRAM.
(a) Establishment-
(1) PURPOSE- The Administrator shall establish a building energy performance labeling program with broad applicability to the residential and commercial markets to enable and encourage knowledge about building energy performance by owners and occupants and to inform efforts to reduce energy consumption nationwide.
(2) COMPONENTS- In developing such program, the Administrator shall--
(A) consider existing programs, such as Environmental Protection Agency's Energy Star program, the Home Energy Rating System (HERS) Index, and programs at the Department of Energy;
(B) support the development of model performance labels for residential and commercial buildings; and
(C) utilize incentives and other means to spur use of energy performance labeling of public and private sector buildings nationwide.
(b) Data Assessment for Building Energy Performance-
(1) INITIAL REPORT- Not later than 90 days after the date of enactment of this Act, the Administrator shall provide to Congress, as well as to the Secretary of Energy and the Office of Management and Budget, a report identifying--
(A) all principal building types for which statistically significant energy performance data exists to serve as the basis of measurement protocols and labeling requirements for achieved building energy performance; and
(B) those building types for which additional data are required to enable the development of such protocols and requirements.
(2) ADDITIONAL REPORTS- Additional updated reports shall be provided under this subsection as often as The Administrator considers practicable, but not less than every 2 years.
(c) Building Data Acquisition-
(1) RESOURCE REQUIREMENTS- For all principal building types identified under subsection (b), the Secretary of Energy, not later than 90 days after a report by the Administrator under subsection (b), shall provide to Congress, the Administrator, and the Office of Management and Budget a statement of additional resources needed, if any, to fully develop the relevant data, as well as the anticipated timeline for data development.
(2) CONSULTATION- The Secretary of Energy shall consult with the Administrator concerning the Administrator's ability to use data series for these additional building types to support the achieved performance component in the labeling program.
(3) IMPROVEMENTS TO BUILDING ENERGY CONSUMPTION DATABASES-
(A) COMMERCIAL DATABASE- The Secretary of Energy shall support improvements to the Commercial Buildings Energy Consumption Survey (CBECS) as authorized by section 205(k) of the Department of Energy Organization Act (42 U.S.C. 7135(k))--
(i) to enable complete and robust data for the actual energy performance of principal building types currently covered by survey;
(ii) to cover additional building types as identified by the Administrator under subsection (b)(1)(B), to enable the development of achieved performance measurement protocols are developed for at least 90 percent of all major commercial building types within 5 years after the date of enactment of this Act; and
(iii) to include third-party audits of random data samplings to ensure the quality and accuracy of survey information.
(B) RESIDENTIAL DATABASES- The Administrator, in consultation with the Energy Information Administration and the Secretary of Energy, shall support improvements to the Residential Energy Consumption Survey (RECS) as authorized by section 205(k) of the Department of Energy Organization Act (42 U.S.C. 7135(k)), or such other residential energy performance databases as the Administrator considers appropriate, to aid the development of achieved performance measurement protocols for residential building energy use for at least 90 percent of the residential market within 5 years after the date of enactment of this Act.
(C) CONSULTATION- The Secretary of Energy and the Administrator shall consult with public, private, and nonprofit sector representatives from the building industry and real estate industry to assist in the evaluation and improvement of building energy performance databases and labeling programs.
(d) Identification of Measurement Protocols for Achieved Performance-
(1) PROPOSED PROTOCOLS AND REQUIREMENTS- At the earliest practicable date, but not later than 1 year after identifying a building type under subsection (b)(1)(A), the Administrator shall propose a measurement protocol for that building type and a requirement detailing how to use that protocol in completing applicable commercial or residential performance labels created pursuant to this section.
(2) FINAL RULE- After providing for notice and comment, the Administrator shall publish a final rule containing a measurement protocol and the corresponding requirements for applying that protocol. Such a rule--
(A) shall define the minimum period for measurement of energy use by buildings of that type and other details for determining achieved performance, to include leased buildings or parts thereof;
(B) shall identify necessary data collection and record retention requirements; and
(C) may specify transition rules and exemptions for classes of buildings within the building type.
(e) Procedures for Evaluating Designed Performance- The Administrator shall develop protocols for evaluating the designed performance of individual building types. The Administrator may conduct such feasibility studies and demonstration projects as are necessary to evaluate the sufficiency of proposed protocols for designed performance.
(f) Creation of Building Energy Performance Labeling Program-
(1) MODEL LABEL- Not later than 1 year after the date of enactment of this Act, the Administrator shall propose a model building energy label that provides a format--
(A) to display achieved performance and designed performance data;
(B) that may be tailored for residential and commercial buildings, and for single-occupancy and multitenanted buildings; and
(C) to display other appropriate elements identified during the development of measurement protocols under subsections (d) and (e).
(2) INCLUSIONS- Nothing in this section shall require the inclusion on such a label of designed performance data where impracticable or not cost effective, or to preclude the display of both achieved performance and designed performance data for a particular building where both such measures are available, practicable, and cost effective.
(3) EXISTING PROGRAMS- In developing the model label, the Administrator shall consider existing programs, including--
(A) the Environmental Protection Agency's Energy Star Portfolio Manager program and the California HERS II Program Custom Approach for the achieved performance component of the label;
(B) the Home Energy Rating System (HERS) Index system for the designed performance component of the label; and
(C) other Federal and State programs, including the Department of Energy's related programs on building technologies and those of the Federal Energy Management Program.
(4) FINAL RULE- After providing for notice and comment, the Administrator shall publish a final rule containing the label applicable to covered building types.
(g) Demonstration Projects for Labeling Program-
(1) IN GENERAL- The Administrator shall conduct building energy performance labeling demonstration projects for different building types--
(A) to ensure the sufficiency of the current Commercial Buildings Energy Consumption Survey and other data to serve as the basis for new measurement protocols for the achieved performance component of the building energy performance labeling program;
(B) to inform the development of measurement protocols for building types not currently covered by the Commercial Buildings Energy Consumption Survey; and
(C) to identify any additional information that needs to be developed to ensure effective use of the model label.
(2) PARTICIPATION- Such demonstration projects shall include participation of--
(A) buildings from diverse geographical and climate regions;
(B) buildings in both urban and rural areas;
(C) single-family residential buildings;
(D) multihousing residential buildings with more than 50 units, including at least one project that provides affordable housing to individuals of diverse incomes;
(E) single-occupant commercial buildings larger than 30,000 square feet;
(F) multitenanted commercial buildings larger than 50,000 square feet; and
(G) buildings from both the public and private sectors.
(3) PRIORITY- Priority in the selection of demonstration projects shall be given to projects that facilitate large-scale implementation of the labeling program for samples of buildings across neighborhoods, geographic regions, cities, or States.
(4) FINDINGS- The Administrator shall report any findings from demonstration projects under this subsection, including an identification of any areas of needed data improvement, to the Department of Energy's Energy Information Administration and Building Technologies Program.
(5) COORDINATION- The Administrator and the Secretary of Energy shall coordinate demonstration projects undertaken pursuant to this subsection with those undertaken as part of the Zero-Net-Energy Commercial Buildings Initiative adopted under section 422 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082).
(h) Implementation of Labeling Program-
(1) IN GENERAL- The Administrator, in consultation with the Secretary of Energy, shall work with all State Energy Offices established pursuant to part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) or other State authorities as necessary for the purpose of implementing the labeling program established under this section for commercial and residential buildings.
(2) OUTREACH TO LOCAL AUTHORITIES- The Administrator shall, acting in consultation and coordination with the respective States, encourage use of the labeling program by counties and other localities to broaden access to information about building energy use, for example, through disclosure of building label contents in tax, title, and other records those localities maintain. For this purpose, the Administrator shall develop an electronic version of the label and information that can be readily transmitted and read in widely-available computer programs but is protected from unauthorized manipulation.
(3) MEANS OF IMPLEMENTATION- In adopting the model labeling program established under this section, a State shall seek to ensure that labeled information be made accessible to the public in a manner so that owners, lenders, tenants, occupants, or other relevant parties can utilize it. Such accessibility may be accomplished through--
(A) preparation, and public disclosure of the label through filing with tax and title records at the time of--
(i) a building audit conducted with support from Federal or State funds;
(ii) a building energy-efficiency retrofit conducted in response to such an audit;
(iii) a final inspection of major renovations or additions made to a building in accordance with a building permit issued by a local government entity;
(iv) a sale that is recorded for title and tax purposes consistent with paragraph (8);
(v) a new lien recorded on the property for more than a set percentage of the assessed value of the property, if that lien reflects public financial assistance for energy-related improvements to that building; or
(vi) a change in ownership or operation of the building for purposes of utility billing; or
(B) other appropriate means.
(4) STATE IMPLEMENTATION OF PROGRAM-
(A) ELIGIBILITY- A State may become eligible to utilize allowance value to implement this program by--
(i) adopting by statute or regulation a requirement that buildings be assessed and labeled, consistent with the labeling requirements of the program established under this section; or
(ii) adopting a plan to implement a model labeling program consistent with this section within 1 year of enactment of this Act, including the establishment of that program within 3 years after the date of enactment of this Act, and demonstrating continuous progress under that plan.
(B) USE OF ALLOWANCES- Direct Federal support for the program established in this section is provided through the emission allowances allocated to the States' SEED Accounts pursuant to section 132 of this Act. To the extent that a State provides allowances to local governments within the State to implement this program, that shall be deemed a distribution of such allowances to units of local government pursuant to subsection (c)(1) of that section.
(5) GUIDANCE- The Administrator may create or identify model programs and resources to provide guidance to offer to States and localities for creating labeling programs consistent with the model program established under this section.
(6) PROGRESS REPORT- The Administrator, in consultation with the Secretary of Energy, shall provide a progress report to Congress not later than 3 years after the date of enactment of this Act that--
(A) evaluates the effectiveness of efforts to advance use of the model labeling program by States and localities;
(B) recommends any legislative changes necessary to broaden the use of the model labeling program; and
(C) identifies any changes to broaden the use of the model labeling program that the Administrator has made or intends to make that do not require additional legislative authority.
(7) STATE INFORMATION- The Administrator may require States to report to the Administrator information that the Administrator requires to provide the report required under paragraph (6).
(8) PREVENTION OF DISRUPTION OF SALES TRANSACTIONS- No State shall implement a new labeling program pursuant to this section in a manner that requires the labeling of a building to occur after a contract has been executed for the sale of that building and before the sales transaction is completed.
(i) Implementation of Labeling Program in Federal Buildings-
(1) USE OF LABELING PROGRAM- The Secretary of Energy and the Administrator shall use the labeling program established under this section to evaluate energy performance in the facilities of the Department of Energy and the Environmental Protection Agency, respectively, to the extent practicable, and shall encourage and support implementation efforts in other Federal agencies.
(2) ANNUAL PROGRESS REPORT- The Secretary of Energy and Administrator shall provide an annual progress report to Congress and the Office of Management and Budget detailing efforts to implement this subsection, as well as any best practices or needed resources identified as a result of such efforts.
(j) Public Outreach- The Secretary of Energy and the Administrator, in consultation with nonprofit and industry stakeholders with specialized expertise, and in conjunction with other energy efficiency public awareness efforts, shall establish a business and consumer education program to increase awareness about the importance of building energy efficiency and to facilitate widespread use of the labeling program established under this section.
(k) Definitions- In this section:
(1) BUILDING TYPE- The term `building type' means a grouping of buildings as identified by their principal building activities, or as grouped by their use, including office buildings, laboratories, libraries, data centers, retail establishments, hotels, warehouses, and educational buildings.
(2) MEASUREMENT PROTOCOL- The term `measurement protocol' means the methodology, prescribed by the Administrator, for defining a benchmark for building energy performance for a specific building type and for measuring that performance against the benchmark.
(3) ACHIEVED PERFORMANCE- The term `achieved performance' means the actual energy consumption of a building as compared to a baseline building of the same type and size, determined by actual consumption data normalized for appropriate variables.
(4) DESIGNED PERFORMANCE- The term `designed performance' means the energy consumption performance a building would achieve if operated consistent with its design intent for building energy use, utilizing a standardized set of operational conditions informed by data collected or confirmed during an energy audit.
(l) Authorization of Appropriations- There are authorized to be appropriated--
(1) to the Administrator $50,000,000 for implementation of this section for each fiscal year from 2010 through 2020; and
(2) to the Secretary of Energy $20,000,000 for implementation of this section for fiscal year 2010 and $10,000,000 for fiscal years 2011 through 2020.
(m) New Construction- This section shall apply only to construction beginning after the date of enactment of this Act. |
