The following is a summary of the Enabling Energy Saving Innovations Act of 2012 (H.R. 4850) as it passed the Senate by unanimous consent on September 22, 2012. The original bill, which consisted only of Section 2 below, was introduced on April 26, 2012 by Representative Robert Aderholt (R-AL) and passed the House on June 26, 2012 by a voice vote.

The highlighted yellow sections were passed in both the House and Senate versions of H.R.4850. The non-highlighted sections were added in an amendment by Sen. Jeff Bingaman (D-NM). These include provisions related to appliance efficiency standards from the Implementation of National Consensus Appliance Agreements Act of 2011 (INCAAA), S.398. Highlighted blue sections were added in an amendment by Sens. Jeanne Shaheen (D-NH) and Rob Portman (R-OH). These include industrial efficiency and federal agency energy efficiency provisions from the Energy Savings and Industrial Competitiveness Act (ESICA), S.1000.

Section 1: Short Title

This section gives the short title.

Section 2: Innovative Component Technologies

This section would amend the Energy Policy and Conservation Act to allow an exemption from the current standard for walk-in coolers and walk-in freezers if a component manufacturer demonstrates to the Department of Energy (DOE) that the component reduces energy consumption at least as much as if the standard were to apply.

Section 3: Uniform Efficiency Descriptor for Covered Water Heaters

This section would amend the Energy Policy and Conservation Act to direct DOE to establish a single efficiency descriptor and accompanying test methods for all covered water heaters, including both storage and instantaneous water heaters. The final rule may exclude specific categories of commercial water heaters.

Section 4: Service Over the Counter, Self-Contained, Medium Temperature Commercial Refrigerators

This section would amend the Energy Policy and Conservation Act to define and set a separate weaker standard for service over the counter, self-contained, medium temperature commercial refrigerator, the type with glass displays typically used in deli counters and bakeries.

Section 5: Small Duct High Velocity Systems and Administrative Changes

This section would amend the Energy Policy and Conservation Act to define and set a separate standard for small duct high velocity central air-conditioner and heat pump systems, which are sometimes used to install air conditioning in existing homes. The standards would be updated when DOE reviews other air conditioner and heat pump standards.

This section would also clarify that the requirement that DOE review commercial equipment standards every 6 years applies to standards issued before the requirement was enacted in 2007, with review due before the end of 2013. And it would set deadlines for DOE to respond to petitions from interested persons to amend any existing standard, with a decision on whether to conduct a rulemaking due within 180 days, and the final standard due three years later.

Section 6: Technical Corrections

This section includes 17 technical corrections for appliance and lighting standards enacted in the Energy Independence and Security Act of 2007 (EISA) and the Energy Policy Act of 2005.

Title II: Industrial Energy Efficiency

Section 201: Coordination of Research and Development of Energy Efficient Technologies for Industry

This section would establish collaborative research and development partnerships between the DOE Industrial Technologies Program and other offices within the Department to promote early stage energy efficiency technology development; support applied research and development, demonstration and commercialization of innovative manufacturing processes for improving efficiency (including improvements in efficient use of water), reducing emissions and waste, and improving industrial cost-competitiveness; and apply the knowledge and expertise of the Industrial Technologies Program to help achieve program goals of other offices.

Section 202: Reducing Barriers to the Deployment of Industrial Energy Efficiency

This section would require DOE to conduct a study examining the legal, regulatory, and economic barriers to the deployment of industrial energy efficiency in all electricity markets, including identifying regulatory barriers, and analyzing examples of successful state, federal, and international policies and private initiatives that resulted in greater use of industrial energy efficiency. The study should also estimate economic benefits of providing the industrial sector with Federal energy efficiency matching grants of $5,000,000,000 for 5 and 10 year periods. DOE would then develop policy recommendations regarding the deployment of industrial energy efficiency. (S. 1000 did not include this section but included a related revolving loan program.)

Section 203: Study of Advanced Energy Technology Manufacturing Capabilities in the United States

This section would task the National Academy of Sciences to conduct a study of the development of advanced manufacturing capabilities for various energy technologies. The study would analyze the history, current trends, and opportunities for improvements in supply chains. The study would analyze for each technology or manufacturing sector which parts of the supply chain are most critical for U.S. manufacturing competitiveness, assess emerging energy technologies, and provide recommendations on leveraging energy efficiency and renewable energy user facilities.

Section 307: Industrial Technologies Steering Committee

This section would establish an advisory steering committee that includes national trade associations who represent energy-intensive industries or energy service providers to provide recommendations on the DOE Industrial Technologies Program.

Title III: Federal Agency Energy Efficiency

Section 301: Availability of Funds for Design Updates

This section would allow the General Services Administration (GSA), for any project for which congressional approval has been received and the design has been completed but for which construction has not begun, to use appropriated funding to update the building’s design to meet energy efficiency and other standards for new federal buildings. Funds used for this purpose could not exceed 125 percent of the estimated energy or other cost savings resulting from the design changes.

Section 302: Best Practices for Advanced Metering

This section would require federal agencies to create implementation plans, updated annually, for how they will achieve metering requirements under the National Energy Conservation Policy Act (NECPA), including designating responsible personnel and demonstrating when the use of advanced metering devices is not practicable. It would also require DOE to develop and issue an annual best-practices report on advanced metering of energy use in federal facilities in collaboration with the Department of Defense and the General Services Administration. The report would include summaries and analysis of agency reporting and recommendations on standard requirements or guidelines for automated energy management systems, including standards for communications and security and means for facilitating continuous commissioning and evidence-based maintenance of buildings and building systems.

Section 303:Federal Energy Management and Data Collection Standard

This section would, for facilities covered under section 543(f) of NECPA, direct energy managers to use a web-based tracking system to publish energy and water consumption data on an individual facility basis, in addition to existing requirements for tracking compliance with energy and water audit requirements, cost and savings of implemented measures, and benchmarking of energy use.

Section 304: Federal Purchase Requirement

This section would amend the federal renewable energy consumption requirements in the Energy Policy Act of 2005 to include thermal and direct as well as electric renewable energy consumed. Further, the section would require calculation of renewable energy production at federal facilities, on federal land, and on Indian lands and allow such production to count toward compliance with the federal renewable energy consumption requirements. (S. 1000 did not include direct renewable energy.)

Section 305: Study on Federal Data Center Consolidation

This section would require DOE to coordinate with program and facility managers to conduct a feasibility study on data centers government-wide with the intention of closing a minimum of 800 federal data centers by 2015, and would require DOE to provide a report to Congress on the results of the study.