#aadth ,,congress #ast ,session ,s4 #a ,,an ,,act ,to approve the ,keystone ,,xl ,pipeline4 #a4 ,short title ,this ,act may be cited as the ,keystone ,,xl ,pipeline ,approval ,act4 #b4 ,keystone ,,xl approval 7a7 ,in general ,trans,canada ,keystone ,pipeline1 ,l4,p4 may construct1 connect1 operate1 and maintain the pipeline and cross-border facilities described in the application filed on ,may #d1 #bjab1 by ,trans,canada ,corporation to the ,department of ,state 7including any subsequent revision to the pipeline route within the ,state of ,nebraska required or authorized by the ,state of ,nebraska74 7b7 ,environmental impact statement ,the ,final ,supplemental ,environmental ,impact ,statement issued by the ,secretary of ,state in ,january #bjad1 regarding the pipeline referred to in subsection 7a71 and the environmental analysis1 consultation1 and review described in that document 7including appendices7 shall be considered to fully satisfy-- 7#a7 all requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7#b7 any other provision of law that requires ,federal agency consultation or review 7including the consultation or review required under section #g7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a777 with respect to the pipeline and facilities referred to in subsection 7a74 7c7 ,permits ,any ,federal permit or authorization issued before the date of enactment of this ,act for the pipeline and cross-border facilities referred to in subsection 7a7 shall remain in effect4 7d7 ,judicial review ,except for review in the ,supreme ,court of the ,united ,states1 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have original and exclusive jurisdiction over any civil action for the review of an order or action of a ,federal agency regarding the pipeline and cross-border facilities described in subsection 7a71 and the related facilities in the ,united ,states1 that are approved by this ,act 7including any order granting a permit or right-of-way1 or any other agency action taken to construct or complete the project pursuant to ,federal law74 7e7 ,private property savings clause ,nothing in this ,act alters any ,federal1 ,state1 or local process or condition in effect on the date of enactment of this ,act that is necessary to secure access from an owner of private property to construct the pipeline and cross-border facilities described in subsection 7a74 7f7 ,private property protection ,land or an interest in land for the pipeline and cross-border facilities described in subsection 7a7 may only be acquired consistently with the ,constitution4 #c4 ,coordination of energy retrofitting assistance for schools 7a7 ,definitions ,in this section3 7#a7 ,school ,the term school means-- 7,a7 an elementary school or secondary school 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7,b7 an institution of higher education 7as defined in section #ajb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;a772 7,c7 a school of the defense dependents' education system under the ,defense ,dependents' ,education ,act of #aigh 7#bj ,u4,s4,c4 #iba et seq47 or established under section #bafd of title #aj1 ,united ,states ,code2 7,d7 a school operated by the ,bureau of ,indian ,affairs2 7,e7 a tribally controlled school 7as defined in section #ebab of the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beaa772 and 7,f7 a ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b7774 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,designation of lead agency ,the ,secretary1 acting through the ,office of ,energy ,efficiency and ,renewable ,energy1 shall act as the lead ,federal agency for coordinating and disseminating information on existing ,federal programs and assistance that may be used to help initiate1 develop1 and finance energy efficiency1 renewable energy1 and energy retrofitting projects for schools4 7c7 ,requirements ,in carrying out coordination and outreach under subsection 7b71 the ,secretary shall-- 7#a7 in consultation and coordination with the appropriate ,federal agencies1 carry out a review of existing programs and financing mechanisms 7including revolving loan funds and loan guarantees7 available in or from the ,department of ,agriculture1 the ,department of ,energy1 the ,department of ,education1 the ,department of the ,treasury1 the ,internal ,revenue ,service1 the ,environmental ,protection ,agency1 and other appropriate ,federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used to help initiate1 develop1 and finance energy efficiency1 renewable energy1 and energy retrofitting projects for schools2 7#b7 establish a ,federal cross-departmental collaborative coordination1 education1 and outreach effort to streamline communication and promote available ,federal opportunities and assistance described in paragraph 7#a7 for energy efficiency1 renewable energy1 and energy retrofitting projects that enables ,states1 local educational agencies1 and schools-- 7,a7 to use existing ,federal opportunities more effectively2 and 7,b7 to form partnerships with ,governors1 ,state energy programs1 local educational1 financial1 and energy officials1 ,state and local government officials1 nonprofit organizations1 and other appropriate entities to support the initiation of the projects2 7#c7 provide technical assistance for ,states1 local educational agencies1 and schools to help develop and finance energy efficiency1 renewable energy1 and energy retrofitting projects-- 7,a7 to increase the energy efficiency of buildings or facilities2 7,b7 to install systems that individually generate energy from renewable energy resources2 7,c7 to establish partnerships to leverage economies of scale and additional financing mechanisms available to larger clean energy initiatives2 or 7,d7 to promote-- 7i7 the maintenance of health1 environmental quality1 and safety in schools1 including the ambient air quality1 through energy efficiency1 renewable energy1 and energy retrofit projects2 and 7ii7 the achievement of expected energy savings and renewable energy production through proper operations and maintenance practices2 7#d7 develop and maintain a single online resource website with contact information for relevant technical assistance and support staff in the ,office of ,energy ,efficiency and ,renewable ,energy for ,states1 local educational agencies1 and schools to effectively access and use ,federal opportunities and assistance described in paragraph 7#a7 to develop energy efficiency1 renewable energy1 and energy retrofitting projects2 and 7#e7 establish a process for recognition of schools that-- 7,a7 have successfully implemented energy efficiency1 renewable energy1 and energy retrofitting projects2 and 7,b7 are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts4 7d7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the implementation of this section4 #d4 ,consultation with ,indian ,tribes ,nothing in this ,act relieves the ,united ,states of its responsibility to consult with ,indian nations as required under executive order #acage 7#fg ,fed4 ,reg4 #fgbdi7 7,november #f1 #bjjj74 #e4 ,sense of the ,senate regarding climate change ,it is the sense of the ,senate that climate change is real and not a hoax4 #f4 ,sense of ,senate regarding the oil spill liability trust fund ,it is the sense of the ,senate that-- 7#a7 ,congress should approve a bill to ensure that all forms of bitumen or synthetic crude oil derived from bitumen are subject to the per-barrel excise tax associated with the ,oil ,spill ,liability ,trust ,fund established by section #ieji of the ,internal ,revenue ,code of #aihf2 7#b7 it is necessary for ,congress to approve a bill described in paragraph 7#a7 because the ,internal ,revenue ,service determined in #bjaa that certain forms of petroleum are not subject to the per-barrel excise tax2 7#c7 under article ,i1 section #g1 clause #a of the ,constitution1 the ,senate may not originate a bill to raise new revenue1 and thus may not originate a bill to close the legitimate and unintended loophole described in paragraph 7#b72 7#d7 if the ,senate attempts to originate a bill described in paragraph 7#a71 it would provide a substantive basis for a blue slip from the ,house of ,representatives1 which would prevent advancement of the bill2 and 7#e7 the ,house of ,representatives1 consistent with article ,i1 section #g1 clause #a of the ,constitution1 should consider and refer to the ,senate a bill to ensure that all forms of bitumen or synthetic crude oil derived from bitumen are subject to the per-barrel excise tax associated with the ,oil ,spill ,liability ,trust ,fund established by section #ieji of the ,internal ,revenue ,code of #aihf4 ,b ,energy efficiency improvement #a4 ,short title ,this division may be cited as the ,energy ,efficiency ,improvement ,act of #bjae4 ,i ,better buildings #aja4 ,short title ,this title may be cited as the ,better ,buildings ,act of #bjae4 #ajb4 ,energy efficiency in ,federal and other buildings 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,cost-effective energy efficiency measure ,the term cost-effective energy efficiency measure means any building product1 material1 equipment1 or service1 and the installing1 implementing1 or operating thereof1 that provides energy savings in an amount that is not less than the cost of such installing1 implementing1 or operating4 7#c7 ,cost-effective water efficiency measure ,the term cost-effective water efficiency measure means any building product1 material1 equipment1 or service1 and the installing1 implementing1 or operating thereof1 that provides water savings in an amount that is not less than the cost of such installing1 implementing1 or operating4 7b7 ,model provisions1 policies1 and best practices 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,secretary of ,energy and after providing the public with an opportunity for notice and comment1 shall develop model commercial leasing provisions and best practices in accordance with this subsection4 7#b7 ,commercial leasing 7,a7 ,in general ,the model commercial leasing provisions developed under this subsection shall1 at a minimum1 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 measures4 7,b7 ,use of model provisions ,the ,administrator may use the model commercial leasing provisions developed under this subsection in any standard leasing document that designates a ,federal agency 7or other client of the ,administrator7 as a landlord or tenant4 7,c7 ,publication ,the ,administrator shall periodically publish the model commercial leasing provisions developed under this subsection1 along with explanatory materials1 to encourage building owners and tenants in the private sector to use such provisions and materials4 7#c7 ,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 7or other clients of the ,administrator71 including periodic training of appropriate ,federal employees and contractors on how to identify and evaluate those measures4 7#d7 ,state and local assistance ,the ,administrator1 in consultation with the ,secretary of ,energy1 shall make available model commercial leasing provisions and best practices developed under this subsection to ,state1 county1 and municipal governments for use in managing 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 measures4 #ajc4 ,separate spaces with high-performance energy efficiency measures 7a7 ,in general ,subtitle ,b of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjha et seq47 is amended by adding at the end the following3 #dbd4 ,separate spaces with high-performance energy efficiency measures 7a7 ,definitions ,in this section3 7#a7 ,high-performance energy efficiency measure ,the term high-performance energy efficiency measure means a technology1 product1 or practice that will result in substantial operational cost savings by reducing energy consumption and utility costs4 7#b7 ,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 agreement4 7b7 ,study 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary1 acting through the ,assistant ,secretary of ,energy ,efficiency and ,renewable ,energy1 shall complete a study on the feasibility of-- 7,a7 significantly improving energy efficiency in commercial buildings through the design and construction1 by owners and tenants1 of separate spaces with high-performance energy efficiency measures2 and 7,b7 encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces4 7#b7 ,scope ,the study shall1 at a minimum1 include-- 7,a7 descriptions of-- 7i7 high-performance energy efficiency measures that should be considered as part of the initial design and construction of separate spaces2 7ii7 processes that owners1 tenants1 architects1 and engineers may replicate when designing and constructing separate spaces with high-performance energy efficiency measures2 7iii7 policies and best practices to achieve reductions in energy intensities for lighting1 plug loads1 heating1 cooling1 cooking1 laundry1 and other systems to satisfy the needs of the commercial building tenant2 7iv7 return on investment and payback analyses of the incremental cost and projected energy savings of the proposed set of high-performance energy efficiency measures1 including consideration of available incentives2 7v7 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 requirements2 7vi7 measurement and verification platforms demonstrating actual energy use of high-performance energy efficiency measures installed in separate spaces1 and whether such measures generate the savings intended in the initial design and construction of the separate spaces2 7vii7 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 building2 and 7viii7 any impact on employment resulting from the design and construction of separate spaces with high-performance energy efficiency measures2 and 7,b7 case studies reporting economic and energy savings returns in the design and construction of separate spaces with high-performance energy efficiency measures4 7#c7 ,public participation ,not later than #ij days after the date of the enactment of this section1 the ,secretary shall publish a notice in the ,federal ,register requesting public comments regarding effective methods1 measures1 and practices for the design and construction of separate spaces with high-performance energy efficiency measures4 7#d7 ,publication ,the ,secretary shall publish the study on the website of the ,department of ,energy4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg is amended by inserting after the item relating to section #dbc the following new item3 ,sec4 #dbd4 ,separate spaces with high-performance energy efficiency measures4 4 #ajd4 ,tenant ,star program 7a7 ,in general ,subtitle ,b of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjha et seq47 7as amended by section #ajc7 is amended by adding at the end the following3 #dbe4 ,tenant ,star program 7a7 ,definitions ,in this section3 7#a7 ,high-performance energy efficiency measure ,the term high-performance energy efficiency measure has the meaning given the term in section #dbd4 7#b7 ,separate spaces ,the term separate spaces has the meaning given the term in section #dbd4 7b7 ,tenant ,star ,the ,administrator of the ,environmental ,protection ,agency1 in consultation with the ,secretary of ,energy1 shall develop a voluntary program within the ,energy ,star program established by section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a71 which may be known as ,tenant ,star1 to promote energy efficiency in separate spaces leased by tenants or otherwise occupied within commercial buildings4 7c7 ,expanding survey data ,the ,secretary of ,energy1 acting through the ,administrator of the ,energy ,information ,administration1 shall-- 7#a7 collect1 through each ,commercial ,buildings ,energy ,consumption ,survey of the ,energy ,information ,administration that is conducted after the date of enactment of this section1 data on-- 7,a7 categories of building occupancy that are known to consume significant quantities of energy1 such as occupancy by data centers1 trading floors1 and restaurants2 and 7,b7 other aspects of the property1 building operation1 or building occupancy determined by the ,administrator of the ,energy ,information ,administration1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 to be relevant in lowering energy consumption2 7#b7 with respect to the first ,commercial ,buildings ,energy ,consumption ,survey conducted after the date of enactment of this section1 to the extent full compliance with the requirements of paragraph 7#a7 is not feasible1 conduct activities to develop the capability to collect such data and begin to collect such data2 and 7#c7 make data collected under paragraphs 7#a7 and 7#b7 available to the public in aggregated form and provide such data1 and any associated results1 to the ,administrator of the ,environmental ,protection ,agency for use in accordance with subsection 7d74 7d7 ,recognition of owners and tenants 7#a7 ,occupancy-based recognition ,not later than #a year after the date on which sufficient data is received pursuant to subsection 7c71 the ,administrator of the ,environmental ,protection ,agency shall1 following an opportunity for public notice and comment-- 7,a7 in a manner similar to the ,energy ,star rating system for commercial buildings1 develop policies and procedures to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces2 7,b7 establish building occupancy categories eligible for ,tenant ,star recognition based on the data collected under subsection 7c7 and any other appropriate data sources2 and 7,c7 consider other forms of recognition for commercial building tenants or other occupants that lower energy consumption in separate spaces4 7#b7 ,design- and construction-based recognition ,after the study required by section #dbd7;b7 is completed1 the ,administrator of the ,environmental ,protection ,agency1 in consultation with the ,secretary and following an opportunity for public notice and comment1 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 spaces4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,energy ,independence and ,security ,act of #bjjg is amended by inserting after the item relating to section #dbd 7as added by section #ajc7;b77 the following new item3 ,sec4 #dbe4 ,tenant ,star program4 4 ,,ii ,grid-enabled water heaters #bja4 ,grid-enabled water heaters ,part ,b of title ,,iii of the ,energy ,policy and ,conservation ,act is amended-- 7#a7 in section #cbe7;e7 7#db ,u4,s4,c4 #fbie7;e771 by adding at the end the following3 7#f7 ,additional standards for grid-enabled water heaters 7,a7 ,definitions ,in this paragraph3 7i7 ,activation lock ,the term activation lock means a control mechanism 7either a physical device directly on the water heater or a control system integrated into the water heater7 that is locked by default and contains a physical1 software1 or digital communication that must be activated with an activation key to enable the product to operate at its designed specifications and capabilities and without which activation the product will provide not greater than #ej percent of the rated first hour delivery of hot water certified by the manufacturer4 7ii7 ,grid-enabled water heater ,the term grid-enabled water heater means an electric resistance water heater that-- 7,i7 has a rated storage tank volume of more than #ge gallons2 7,,ii7 is manufactured on or after ,april #af1 #bjae2 7,,iii7 has-- 7aa7 an energy factor of not less than #a4jfa minus the product obtained by multiplying-- 7,,aa7 the rated storage volume of the tank1 expressed in gallons2 and 7,,bb7 #j4jjafh2 or 7bb7 an equivalent alternative standard prescribed by the ,secretary and developed pursuant to paragraph 7#e77;,e72 7,,iv7 is equipped at the point of manufacture with an activation lock2 and 7,v7 bears a permanent label applied by the manufacturer that-- 7aa7 is made of material not adversely affected by water2 7bb7 is attached by means of non-water-soluble adhesive2 and 7cc7 advises purchasers and end-users of the intended and appropriate use of the product with the following notice printed in #af4e point ,arial ,narrow ,bold font3 ,,important ,,information3 ,this water heater is intended only for use as part of an electric thermal storage or demand response program4 ,it will not provide adequate hot water unless enrolled in such a program and activated by your utility company or another program operator4 ,confirm the availability of a program in your local area before purchasing or installing this product44 7,b7 ,requirement ,the manufacturer or private labeler shall provide the activation key for a grid-enabled water heater only to a utility or other company that operates an electric thermal storage or demand response program that uses such a grid-enabled water heater4 7,c7 ,reports 7i7 ,manufacturers ,the ,secretary shall require each manufacturer of grid-enabled water heaters to report to the ,secretary annually the quantity of grid-enabled water heaters that the manufacturer ships each year4 7ii7 ,operators ,the ,secretary shall require utilities and other demand response and thermal storage program operators to report annually the quantity of grid-enabled water heaters activated for their programs using forms of the ,energy ,information ,agency or using such other mechanism that the ,secretary determines appropriate after an opportunity for notice and comment4 7iii7 ,confidentiality requirements ,the ,secretary shall treat shipment data reported by manufacturers as confidential business information4 7,d7 ,publication of information 7i7 ,in general ,in #bjag and #bjai1 the ,secretary shall publish an analysis of the data collected under subparagraph 7,c7 to assess the extent to which shipped products are put into use in demand response and thermal storage programs4 7ii7 ,prevention of product diversion ,if the ,secretary determines that sales of grid-enabled water heaters exceed by #ae percent or greater the quantity of such products activated for use in demand response and thermal storage programs annually1 the ,secretary shall1 after opportunity for notice and comment1 establish procedures to prevent product diversion for non-program purposes4 7,e7 ,compliance 7i7 ,in general ,subparagraphs 7,a7 through 7,d7 shall remain in effect until the ,secretary determines under this section that-- 7,i7 grid-enabled water heaters do not require a separate efficiency requirement2 or 7,,ii7 sales of grid-enabled water heaters exceed by #ae percent or greater the quantity of such products activated for use in demand response and thermal storage programs annually and procedures to prevent product diversion for non-program purposes would not be adequate to prevent such product diversion4 7ii7 ,effective date ,if the ,secretary exercises the authority described in clause 7i7 or amends the efficiency requirement for grid-enabled water heaters1 that action will take effect on the date described in subsection 7m77#d77;,a77ii74 7iii7 ,consideration ,in carrying out this section with respect to electric water heaters1 the ,secretary shall consider the impact on thermal storage and demand response programs1 including any impact on energy savings1 electric bills1 peak load reduction1 electric reliability1 integration of renewable resources1 and the environment4 7iv7 ,requirements ,in carrying out this paragraph1 the ,secretary shall require that grid-enabled water heaters be equipped with communication capability to enable the grid-enabled water heaters to participate in ancillary services programs if the ,secretary determines that the technology is available1 practical1 and cost-effective4 2 7#b7 in section #ccb7;a7 7#db ,u4,s4,c4 #fcjb7;a77-- 7,a7 in paragraph 7#e71 by striking or at the end2 7,b7 in the first paragraph 7#f71 by striking the period at the end and inserting a semicolon2 7,c7 by redesignating the second paragraph 7#f7 as paragraph 7#g72 7,d7 in subparagraph 7,b7 of paragraph 7#g7 7as so redesignated71 by striking the period at the end and inserting 2 or2 and 7,e7 by adding at the end the following3 7#h7 for any person-- 7,a7 to activate an activation lock for a grid-enabled water heater with knowledge that such water heater is not used as part of an electric thermal storage or demand response program2 7,b7 to distribute an activation key for a grid-enabled water heater with knowledge that such activation key will be used to activate a grid-enabled water heater that is not used as part of an electric thermal storage or demand response program2 7,c7 to otherwise enable a grid-enabled water heater to operate at its designed specification and capabilities with knowledge that such water heater is not used as part of an electric thermal storage or demand response program2 or 7,d7 to knowingly remove or render illegible the label of a grid-enabled water heater described in section #cbe7;e77#f77;,a77ii77,v74 2 7#c7 in section #ccc7;a7 7#db ,u4,s4,c4 #fcjc7;a77-- 7,a7 by striking section #ccb7;a77#e7 and inserting paragraph 7#e71 7#f71 7#g71 or 7#h7 of section #ccb7;a72 and 7,b7 by striking paragraph 7#a71 7#b71 or 7#e7 of section #ccb7;a7 and inserting paragraph 7#a71 7#b71 7#e71 7#f71 7#g71 or 7#h7 of section #ccb7;a72 and 7#d7 in section #ccd 7#db ,u4,s4,c4 #fcjd7-- 7,a7 by striking section #ccb7;a77#e7 and inserting paragraph 7#e71 7#f71 7#g71 or 7#h7 of section #ccb7;a72 and 7,b7 by striking section #ccb7;a77#f7 and inserting section #ccb7;a77#g74 ,,iii ,energy information for commercial buildings #cja4 ,energy information for commercial buildings 7a7 ,requirement of benchmarking and disclosure for leasing buildings without ,energy ,star labels ,section #dce7;b77#b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjia7;b77#b77 is amended-- 7#a7 by striking paragraph 7#b7 and inserting paragraph 7#a72 and 7#b7 by striking signing the contract1 and all that follows through the period at the end and inserting the following3 signing the contract1 the following requirements are met3 7,a7 ,the space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease1 including improvements in lighting1 windows1 and heating1 ventilation1 and air conditioning systems4 7,b7 7i7 ,subject to clause 7ii71 the space is benchmarked under a nationally recognized1 online1 free benchmarking program1 with public disclosure1 unless the space is a space for which owners cannot access whole building utility consumption data1 including spaces-- 7,i7 that are located in ,states with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners2 and 7,,ii7 for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner4 7ii7 ,a ,federal agency that is a tenant of the space shall provide to the building owner1 or authorize the owner to obtain from the utility1 the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph4 4 7b7 ,study 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,energy1 in collaboration with the ,administrator of the ,environmental ,protection ,agency1 shall complete a study-- 7,a7 on the impact of-- 7i7 ,state and local performance benchmarking and disclosure policies1 and any associated building efficiency policies1 for commercial and multifamily buildings2 and 7ii7 programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial1 residential1 and mixed-use buildings2 7,b7 that identifies best practice policy approaches studied under subparagraph 7,a7 that have resulted in the greatest improvements in building energy efficiency2 and 7,c7 that considers-- 7i7 compliance rates and the benefits and costs of the policies and programs on building owners1 utilities1 tenants1 and other parties2 7ii7 utility practices1 programs1 and systems that provide aggregated energy consumption information to multitenant building owners1 and the impact of public utility commissions and ,state privacy laws on those practices1 programs1 and systems2 7iii7 exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities2 7iv7 the treatment of buildings with-- 7,i7 multiple uses2 7,,ii7 uses for which baseline information is not available2 and 7,,iii7 uses that require high levels of energy intensities1 such as data centers1 trading floors1 and televisions studios2 7v7 implementation practices1 including disclosure methods and phase-in of compliance2 7vi7 the safety and security of benchmarking tools offered by government agencies1 and the resiliency of those tools against cyber attacks2 and 7vii7 international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings4 7#b7 ,submission to ,congress ,at the conclusion of the study1 the ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and ,committee on ,energy and ,natural ,resources of the ,senate a report on the results of the study4 7c7 ,creation and maintenance of database 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act and following opportunity for public notice and comment1 the ,secretary of ,energy1 in coordination with other relevant agencies1 shall maintain1 and if necessary create1 a database for the purpose of storing and making available public energy-related information on commercial and multifamily buildings1 including-- 7,a7 data provided under ,federal1 ,state1 local1 and other laws or programs regarding building benchmarking and energy information disclosure2 7,b7 information on buildings that have disclosed energy ratings and certifications2 and 7,c7 energy-related information on buildings provided voluntarily by the owners of the buildings1 only in an anonymous form unless the owner provides otherwise4 7#b7 ,complementary programs ,the database maintained pursuant to paragraph 7#a7 shall complement and not duplicate the functions of the ,environmental ,protection ,agency's ,energy ,star ,portfolio ,manager tool4 7d7 ,input from stakeholders ,the ,secretary of ,energy shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section4 7e7 ,report ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,secretary of ,energy shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and ,committee on ,energy and ,natural ,resources of the ,senate a report on the progress made in complying with this section4 ,passed the ,senate ,january #bi1 #bjae4,secretary