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42 U.S.C. § 17091 — Commercial high-performance green buildings

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17091 — Commercial high-performance green buildings

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Stable record: federal_law:legal_authorities:record_usc_b3800cef592a01c8bdc20d47
Source file: Laws/federal/codes/united-states-code/title-42/section-17091-commercial-high-performance-green-buildings--ea00bc4b26.md
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Source location: Title 42, Chapter 152, § 17091; chapter-152-energy-independence-and-security.md

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**(a) Director of Commercial High-Performance Green Buildings** Notwithstanding any other provision of law, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall appoint a Director of Commercial High-Performance Green Buildings to a position in the career-reserved Senior Executive service, with the principal responsibility to— (1) establish and manage the Office of Commercial High-Performance Green Buildings; and (2) carry out other duties as required under this part. **(b) Qualifications** The Commercial Director shall be an individual, who by reason of professional background and experience, is specifically qualified to carry out the duties required under this part. **(c) Duties** The Commercial Director shall, with respect to development of high-performance green buildings and zero-energy commercial buildings nationwide— (1) coordinate the activities of the Office of Commercial High-Performance Green Buildings with the activities of the Office of Federal High-Performance Green Buildings; (2) develop the legal predicates and agreements for, negotiate, and establish one or more public-private partnerships with the Consortium, members of the Consortium, and other capable parties meeting the qualifications of the Consortium, to further such development; (3) represent the public and the Department in negotiating and performing in accord with such public-private partnerships; (4) use appropriated funds in an effective manner to encourage the maximum investment of private funds to achieve such development; (5) promote research and development of high-performance green buildings, consistent with [section 17083 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17083&num=0&edition=prelim); and (6) jointly establish with the Federal Director a national high-performance green building clearinghouse in accordance with [section 17083(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17083/1&num=0&edition=prelim), which shall provide high-performance green building information and disseminate research results through— (A) outreach; (B) education; and (C) the provision of technical assistance. **(d) Reporting** The Commercial Director shall report directly to the Assistant Secretary for Energy Efficiency and Renewable Energy, or to other senior officials in a way that facilitates the integrated program of this part for both energy efficiency and renewable energy and both technology development and technology deployment. **(e) Coordination** The Commercial Director shall ensure full coordination of high-performance green building information and activities, including activities under this part, within the Federal Government by working with the General Services Administration and all relevant agencies, including, at a minimum— (1) the Environmental Protection Agency; (2) the Office of the Federal Environmental Executive; (3) the Office of Federal Procurement Policy; (4) the Department of Energy, particularly the Federal Energy Management Program; (5) the Department of Health and Human Services; (6) the Department of Housing and Urban Development; (7) the Department of Defense; (8) the National Institute of Standards and Technology; (9) the Department of Transportation; (10) the Office of Science Technology and Policy; and (11) such nonprofit high-performance green building rating and analysis entities as the Commercial Director determines can offer support, expertise, and review services. **(f) High-Performance Green Building Partnership Consortium** (1) **Recognition** — Not later than 90 days after December 19, 2007, the Commercial Director shall formally recognize one or more groups that qualify as a high-performance green building partnership consortium. (2) **Representation to qualify** — To qualify under this section, any consortium shall include representation from— (A) the design professions, including national associations of architects and of professional engineers; (B) the development, construction, financial, and real estate industries; (C) building owners and operators from the public and private sectors; (D) academic and research organizations, including at least one national laboratory with extensive commercial building energy expertise; (E) building code agencies and organizations, including a model energy code-setting organization; (F) independent high-performance green building associations or councils; (G) experts in indoor air quality and environmental factors; (H) experts in intelligent buildings and integrated building information systems; (I) utility energy efficiency programs; (J) manufacturers and providers of equipment and techniques used in high-performance green buildings; (K) public transportation industry experts; and (L) nongovernmental energy efficiency organizations. (3) **Funding** — The Secretary may make payments to the Consortium pursuant to the terms of a public-private partnership for such activities of the Consortium undertaken under such a partnership as described in this part directly to the Consortium or through one or more of its members. **(g) Report** Not later than 2 years after December 19, 2007, and biennially thereafter, the Commercial Director, in consultation with the Consortium, shall submit to Congress a report that— (1) describes the status of the high-performance green building initiatives under this part and other Federal programs affecting commercial high-performance green buildings in effect as of the date of the report, including— (A) the extent to which the programs are being carried out in accordance with this part; and (B) the status of funding requests and appropriations for those programs; and (2) summarizes and highlights development, at the State and local level, of high-performance green building initiatives, including executive orders, policies, or laws adopted promoting high-performance green building (including the status of implementation of those initiatives).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17083 — Energy efficiency in Federal and other buildings

**(a) Definitions** In this section: (1) **Administrator** — The term “Administrator” means the Administrator of General Services. (2) **Cost-effective energy efficiency measure** — The term “cost-effective energy efficiency measure” means any building product, material, equipment, or service, and the installing, implementing, or operating thereof, that provides energy savings in an amount that is not less than the cost of such installing, implementing, or operating. (3) **Cost-effective water efficiency measure** — The term “cost-effective water efficiency measure” means any building product, material, equipment, or service, and the installing, implementing, or operating thereof, that provides water savings in an amount that is not less than the cost of such installing, implementing, or operating. **(b) Model provisions, policies, and best practices** (1) **In general** — Not later than 180 days after April 30, 2015, the Administrator, in consultation with the Secretary of Energy and after providing the public with an opportunity for notice and comment, shall develop model commercial leasing provisions and best practices in accordance with this subsection. (2) **Commercial leasing** (A) *In general* — The model commercial leasing provisions developed under this subsection shall, at a minimum, 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 measures. (B) *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 (or other client of the A

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1824 — Energy and environmental measures in Capitol Complex Master Plan

**(a) In general** To the maximum extent practicable, the Architect of the Capitol shall include energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures in the Capitol Complex Master Plan. **(b) Report** Not later than 6 months after December 19, 2007, the Architect of the Capitol shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Rules and Administration of the Senate, a report on the energy efficiency and conservation measures, greenhouse gas emission reduction measures, and other appropriate environmental measures included in the Capitol Complex Master Plan pursuant to subsection (a).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2695c — Environmental health program

**(a) In general** Not later than 2 years after December 19, 2007, the Administrator, in consultation with the Secretary of Education, the Secretary of Health and Human Services, and other relevant agencies, shall issue voluntary guidelines for use by the State in developing and implementing an environmental health program for schools that— (1) takes into account the status and findings of Federal initiatives established under this subchapter or subtitle C of title IV of the Energy Independence and Security Act of 2007 [[42 U.S.C. 17091](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17091&num=0&edition=prelim) et seq.] and other relevant Federal law with respect to school facilities, including relevant updates on trends in the field, such as the impact of school facility environments on student and staff— (A) health, safety, and productivity; and (B) disabilities or special needs; (2) takes into account studies using relevant tools identified or developed in accordance with section 492 of the Energy Independence and Security Act of 2007 [[42 U.S.C. 17122](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17122&num=0&edition=prelim)]; (3) takes into account, with respect to school facilities, each of— (A) environmental problems, contaminants, hazardous substances, and pollutant emissions, including— (i) lead from drinking water; (ii) lead from materials and products; (iii) asbestos; (iv) radon; (v) the presence of elemental mercury releases from products and containers; (vi) pollutant emissions from materials and products; and (vii) any other environmental problem, contaminant, hazardous substance, or pollutant emission that present or may present a risk to the health o

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17082 — Definitions

In this title: 11 See References in Text note below. (1) **Administrator** — The term “Administrator” means the Administrator of General Services. (2) **Advisory Committee** — The term “Advisory Committee” means the Green Building Advisory Committee established under section 484.1 (3) **Commercial Director** — The term “Commercial Director” means the individual appointed to the position established under [section 17081 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17081&num=0&edition=prelim). (4) **Consortium** — The term “Consortium” means the High-Performance Green Building Partnership Consortium created in response to [section 17092(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17092/c/1&num=0&edition=prelim) to represent the private sector in a public-private partnership to promote high-performance green buildings and zero-net-energy commercial buildings. (5) **Cost-effective lighting technology** (A) *In general* — The term “cost-effective lighting technology” means a lighting technology that— (i) will result in substantial operational cost savings by ensuring an installed consumption of not more than 1 watt per square foot; or (ii) is contained in a list under— (I) [section 8259b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259b&num=0&edition=prelim); (II) Federal acquisition regulation 23–203; and (III) is at least as energy-conserving as required by other provisions of this Act, including the requirements of this title 1 and title III 1 which shall be applicable to the extent that they would achieve greater energy savings than provided under clause (i) or this clause.22 So in origina

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17084 — Energy information for commercial buildings

**(a) Omitted** **(b) Study** (1) **In general** — Not later than 2 years after April 30, 2015, the Secretary of Energy, in collaboration with the Administrator of the Environmental Protection Agency, shall complete a study— (A) on the impact of— (i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers— (i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with— (I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions 11 So in original. Probably should be “television”. studios; (v) implementation practices, including disclosure methods and phase-in of compl

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17113 — Federal green building performance

**(a) In general** Not later than October 31 of each of the 2 fiscal years following the fiscal year in which this Act is enacted, and at such times thereafter as the Comptroller General of the United States determines to be appropriate, the Comptroller General of the United States shall, with respect to the fiscal years that have passed since the preceding report— (1) conduct an audit of the implementation of this part, [section 6834(a)(3)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6834/a/3/D&num=0&edition=prelim), and [section 17091 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17091&num=0&edition=prelim); and (2) submit to the Federal Director, the Advisory Committee, the Administrator, and Congress a report describing the results of the audit. **(b) Contents** An audit under subsection (a) shall include a review, with respect to the period covered by the report under subsection (a)(2), of— (1) budget, life-cycle costing, and contracting issues, using best practices identified by the Comptroller General of the United States and heads of other agencies in accordance with [section 17092(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17092/d&num=0&edition=prelim); (2) the level of coordination among the Federal Director, the Office of Management and Budget, the Department of Energy, and relevant agencies; (3) the performance of the Federal Director and other agencies in carrying out the implementation plan; (4) the design stage of high-performance green building measures; (5) high-performance building data that were collected and reported to the Office; and (6) such other matters as the Comptroller General of the United

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17113b — Cost-effective technology acceleration program

**(a) Definition of Administrator** In this section, the term “Administrator” means the Administrator of General Services. **(b) Establishment** (1) **In general** — The Administrator shall establish a program to accelerate the use of more cost-effective technologies and practices at GSA facilities. (2) **Requirements** — The program established under this subsection shall— (A) ensure centralized responsibility for the coordination of cost reduction-related recommendations, practices, and activities of all relevant Federal agencies; (B) provide technical assistance and operational guidance to applicable tenants to achieve the goal identified in subsection (c)(2)(B)(ii); (C) establish methods to track the success of Federal departments and agencies with respect to that goal; and (D) be fully coordinated with and no less stringent nor less energy-conserving or water-conserving than required by other provisions of this Act and other applicable law, including sections 321 through 324, 431 through 438, 461, 511 through 518, and 523 through 525 and amendments made by those sections. **(c) Accelerated use of technologies** (1) **Review** (A) *In general* — As part of the program under this section, not later than 90 days after December 19, 2007, the Administrator shall conduct a review of— (i) current use of cost-effective lighting technologies and geothermal heat pumps in GSA facilities; and (ii) the availability to managers of GSA facilities of cost-effective lighting technologies and geothermal heat pumps. (B) *Requirements* — The review under subparagraph (A) shall— (i) examine the use of cost-effective lighting technologies, geothermal heat pumps, and other cost-effective technologies and practices by Federal agencies in GSA facilitie

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17091 — Leasing

Page 8964 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17091 (b) Considerations In carrying out the program under subsection (a), the Secretary shall— (1) work with utility partners, building own- ers, technology vendors, and building devel- opers to test and validate technologies and en- courage the commercial application of these technologies by building owners; and (2) consider the specific challenges of ena- bling greater interaction between components of— (A) small- and medium-sized buildings and the electric grid; and (B) residential and commercial buildings and the electric grid. (c) Buildings-to-grid integration report Not later than 1 year after December 27, 2020, the Secretary shall submit to the Committee on Science, Space, and Technology and the Com- mittee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the results of a study that examines the re- search, development, and demonstration oppor- tunities, challenges, and standards needed to en- able components of commercial and residential buildings to serve as dynamic energy loads on and resources for the electric grid. (1) Report requirements The report shall include— (A) an assessment of the technologies needed to enable building components as dy- namic loads on and resources for the electric grid, including how such technologies can be— (i) incorporated into new commercial and residential buildings; and (ii) retrofitted in older buildings; (B) guidelines for the design of new build- ings and building components to enable modern grid interactivity and improve en- ergy efficiency; (C) an assessment of barriers to the adop- tion by building owners of advanced tech- nologies enabling greater integration of

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