Title 42, The Public Health and WelfareRelease 119-110

§18803 Commercial Building Energy Consumption Information Sharing

Title 42 › CHAPTER 162 — ENERGY INFRASTRUCTURE › SUBCHAPTER V — ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE › Part B — Buildings › § 18803

Last updated Sep 22, 2026|Official source

Summary

The Administrator of the Energy Information Administration and the Administrator of the Environmental Protection Agency must sign and send to Congress an information‑sharing agreement within 120 days after November 15, 2021. Administrator: the head of the Energy Information Administration. Agreement: the information‑sharing deal they sign. Survey: the Commercial Building Energy Consumption Survey. The agreement must let the EIA access building‑level data in EPA’s Portfolio Manager and let EPA access building‑level Survey data, as allowed by law. It must explain how the EIA will use the data, compare data collection methods and data for the same buildings (including the 2018 Survey and later Survey cycles and Portfolio Manager), and consider whether the EIA can collect and publish new Survey data every 3 years using its own process or with Portfolio Manager data. Covered data includes Portfolio Manager data, data that state and local laws require to be public online, and private buildings of at least 250,000 square feet. The agreement must protect information under 5 U.S.C. 552(b)(4), subchapter III of chapter 35 of title 44, and other applicable laws.

Full Legal Text

Title 42, §18803

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Administrator (2) Agreement
(3)Survey
The term “Survey” means the Commercial Building Energy Consumption Survey.
(b)Authorization of Agreement
Not later than 120 days after November 15, 2021, the Administrator and the Administrator of the Environmental Protection Agency shall sign, and submit to Congress, an information sharing agreement relating to commercial building energy consumption data.
(c)Content of Agreement
The Agreement shall—
(1)provide, to the extent permitted by law, that—
(A)the Administrator shall have access to building-specific data in the Portfolio Manager database of the Environmental Protection Agency; and
(B)the Administrator of the Environmental Protection Agency shall have access to building-specific data collected by the Survey;
(2)describe the manner in which the Administrator shall use the data described in paragraph (1) and subsection (d);
(3)describe and compare—
(A)the methodologies that the Energy Information Administration, the Environmental Protection Agency, and State and local government managers use to maximize the quality, reliability, and integrity of data collected through the Survey, the Portfolio Manager database of the Environmental Protection Agency, and State and local building energy disclosure laws (including regulations), respectively, and the manner in which those methodologies can be improved; and
(B)consistencies and variations in data for the same buildings captured in—
(i)(I)the 2018 Survey cycle; and
(II)each subsequent Survey cycle; and
(ii)the Portfolio Manager database of the Environmental Protection Agency; and
(4)consider whether, and the methods by which, the Administrator may collect and publish new iterations of Survey data every 3 years—
(A)using the Survey processes of the Administrator; or
(B)as supplemented by information in the Portfolio Manager database of the Environmental Protection Agency.
(d)Data
The data referred in subsection (c)(2) includes data that—
(1)is collected through the Portfolio Manager database of the Environmental Protection Agency;
(2)is required to be publicly available on the internet under State and local government building energy disclosure laws (including regulations); and
(3)includes information on private sector buildings that are not less than 250,000 square feet.
(e)Protection of information
In carrying out the agreement, the Administrator and the Administrator of the Environmental Protection Agency shall protect information in accordance with—
(1)section 552(b)(4) of title 5 (commonly known as the “Freedom of Information Act”);
(2)subchapter III of chapter 35 of title 44; and
(3)any other applicable law (including regulations).

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 18803

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110