S. 385: The Energy Savings and Industrial Competitiveness Act of 2017 (Portman-Shaheen Bill)

S. 385 Provisions

Also known as the Portman-Shaheen bill, S. 385 has four energy efficiency titles (buildings, industry, federal agencies, and regulatory measures) and one title on budget matters.

Title I would update model building energy codes and encourage adoption by state and local governments and American Indian Tribes (§101); authorize grants to universities to establish building training and assessment centers (§111); authorize matching grants to nonprofit organizations to train industry-certified installers of energy-efficient technologies (§112); and provide technical assistance to help schools improve energy efficiency and install renewable energy equipment (§121).

Title II would improve information outreach to small- and medium-sized manufacturers and provide a 50% match to support energy efficiency internship programs (§202); provide energy efficiency assessments for manufacturers and conduct a "sustainable manufacturing" program (§203); establish a "Supply Star" program that publicly recognizes companies and products that use highly efficient equipment supply chains (§211); and establish rebate programs to spur replacement of energy inefficient electric motors (§221) and energy inefficient electricity transformers (§231).

Title III would direct federal agencies to purchase and maintain energy-efficient information technologies (§301); establish a federal data center energy metric, energy practitioner program, and open data initiative (§302); and establish a pilot project for energy or water conservation in multifamily housing (§303).

Title IV would revise certification requirements for Energy Star program partners (§401); require an ongoing review of private sector green building certification systems (§411); extend existing federal building energy efficiency targets (§421); expand existing efficiency standards for new federal buildings to cover major renovations (§422); and require federally issued home mortgages to consider efficiency (§423).

Title V prescribes how pay-as-you-go compliance would be achieved (§501); and specifies that authorized funding amounts would require appropriations (§502).

Provisions Are Derived from Previous Bills

The provisions in S. 385 trace back to congressional action on a sequence of bills that were considered in the 113th and 114^th Congresses. Table 1 shows the evolution of those provisions. Prior bipartisan action to modify or otherwise perfect the provisions peaked in the 113^th Congress. Thirteen provisions proposed as amendments to S. 1392 were added as new provisions in S. 2262. The American Council for an Energy-Efficient Economy (ACEEE)—which has stated support for S. 385 and its predecessors—estimated an energy-saving potential for S. 2262 of 1.8 quadrillion Btu (quads) annually by 2030,with an associated annual cost-saving potential of $16.2 billion. More details about S. 2262 are available in CRS Report R43524, S. 2262, Shaheen-Portman Bill 2014: Energy Savings and Industrial Competitiveness Act.

Early in the 114^th Congress, the provisions of S. 2262 (113^th Congress) were split into two bills, S. 535 and S. 720. S. 535 contained five of the thirteen "new" provisions in S. 2262, and it was enacted as P.L. 114-11. S. 720 was introduced with virtually all of the other provisions in S. 2262. The provisions of S. 720 (S.Rept. 114-130) were later incorporated into S. 2012, a much broader bill. The Senate passed its version of S. 2012 in April 2016 and the House approved its version in May 2016. Table 1 shows some key differences between the two versions. Progress on reconciling the differences stalled due to a lack of conference committee action on S. 2012. More details about S. 2012 appear in CRS Reports R44291 and R44569. The provisions of S. 385 are nearly identical to those in S. 720.

Support and Opposition

The elements of support and opposition over S. 385 may parallel those for S. 720 (114th Congress) and its predecessor, S. 2262 (113th Congress). Thus, S. 385 may enjoy support from many groups that supported S. 2262, including a variety of businesses, industry associations, and trade groups. The bill may also face opposition from conservative groups like the Heritage Foundation and its affiliated advocacy group, Heritage Action, which opposed S. 2262.