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42 U.S.C. § 8236 — Voluntary rating guidelines
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 18 months after October 24, 1992, the Secretary, in consultation with the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, representatives of existing home energy rating programs, and other appropriate persons, shall, by rule, issue voluntary guidelines that may be used by State and local governments, utilities, builders, real estate agents, lenders, agencies in mortgage markets, and others, to enable and encourage the assignment of energy efficiency ratings to residential buildings.
**(b) Contents of guidelines** The voluntary guidelines issued under subsection (a) shall—
(1) encourage uniformity with regard to systems for rating the annual energy efficiency of residential buildings;
(2) establish protocols and procedures for—
(A) certification of the technical accuracy of building energy analysis tools used to determine energy efficiency ratings;
(B) training of personnel conducting energy efficiency ratings;
(C) data collection and reporting;
(D) quality control; and
(E) monitoring and evaluation;
(3) encourage consistency with, and support for, the uniform plan for Federal energy efficient mortgages, including that developed under section 946 of the Cranston-Gonzalez National Affordable Housing Act ([42 U.S.C. 12712](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12712&num=0&edition=prelim) note) and pursuant to sections 105 and 106 of the Energy Policy Act of 1992;
(4) provide that rating systems take into account local climate conditions and construction practices, solar energy collected on-site, and the benefits of peak load shifting construction practices, and not discriminate among fuel types; and
(5) establish procedures to ensure that residential
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Source location: Title 42, Chapter 91, § 8236; chapter-091-national-energy-conservation-policy.md
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**(a) In general** Not later than 18 months after October 24, 1992, the Secretary, in consultation with the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, representatives of existing home energy rating programs, and other appropriate persons, shall, by rule, issue voluntary guidelines that may be used by State and local governments, utilities, builders, real estate agents, lenders, agencies in mortgage markets, and others, to enable and encourage the assignment of energy efficiency ratings to residential buildings.
**(b) Contents of guidelines** The voluntary guidelines issued under subsection (a) shall—
(1) encourage uniformity with regard to systems for rating the annual energy efficiency of residential buildings;
(2) establish protocols and procedures for—
(A) certification of the technical accuracy of building energy analysis tools used to determine energy efficiency ratings;
(B) training of personnel conducting energy efficiency ratings;
(C) data collection and reporting;
(D) quality control; and
(E) monitoring and evaluation;
(3) encourage consistency with, and support for, the uniform plan for Federal energy efficient mortgages, including that developed under section 946 of the Cranston-Gonzalez National Affordable Housing Act ([42 U.S.C. 12712](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12712&num=0&edition=prelim) note) and pursuant to sections 105 and 106 of the Energy Policy Act of 1992;
(4) provide that rating systems take into account local climate conditions and construction practices, solar energy collected on-site, and the benefits of peak load shifting construction practices, and not discriminate among fuel types; and
(5) establish procedures to ensure that residential buildings can receive an energy efficiency rating at the time of sale and that such rating is communicated to potential buyers.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization** In addition to mortgages insured under [section 1750b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1750b&num=0&edition=prelim), the Secretary is authorized to insure mortgages as defined in [section 1750 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1750&num=0&edition=prelim) (including advances on such mortgages during construction) which are eligible for insurance as hereinafter provided.
**(b) Eligibility requirements; release of part of property** To be eligible for insurance under this section a mortgage shall meet the following conditions:
(1) The mortgaged property shall be held by a mortgagor approved by the Secretary. The Secretary may, in his discretion, require such mortgagor to be regulated or restricted as to rents or sales, charges, capital structure, rate of return, and methods of operation. The Secretary may make such contracts with, and acquire for not to exceed $100 stock or interest in any such mortgagor, as the Secretary may deem necessary to render effective such restriction or regulation. Such stock or interest shall be paid for out of the General Insurance Fund, and shall be redeemed by the mortgagor at par upon the termination of all obligations of the Secretary under the insurance.
(2) The mortgage shall involve a principal obligation in an amount—
(A) not to exceed $5,000,000; and
(B) not to exceed 90 per centum of the amount which the Secretary estimates will be the value of the property or project when the proposed improvements are completed: Provided, That such mortgage shall not in any event exceed the amount which the Secretary estimates will be the cost of the completed physical improvements on the property or project
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1701z–16
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary of Housing and Urban Development shall establish a plan for activities to be undertaken and policies to be adopted by the Secretary within the 5-year period beginning upon the submission of the plan to the Congress under subsection (d) to provide for, encourage, and improve energy efficiency in newly constructed, rehabilitated, and existing housing. In developing the plan, the Secretary shall consider, as appropriate, any energy assessments under section 944.
**(b) Initial plan** The Secretary of Housing and Urban Development shall establish the first plan under this section not later than the expiration of the 1-year period beginning on November 28, 1990.
**(c) Updates** The Secretary of Housing and Urban Development shall revise and update the plan under this section not less than once for each 2-year period, the first such 2-year period beginning on the date of the submission of the initial plan under subsection (b) to the Congress (as provided in subsection (d)). Each such update shall revise the plan for the 5-year period beginning upon the submission of the updated plan to the Congress.
**(d) Submission to Congress** The Secretary of Housing and Urban Development shall submit the initial plan established under subsection (b) and any updated plans under subsection (c) to the Congress not later than the date by which such plans are to be established or updated under such paragraphs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12712
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter and in subchapter II:
(1) The term “unit of general local government” means a city, town, township, county, parish, village, or other general purpose political subdivision of a State; the Federated States of Micronesia and Palau, the Marshall Islands, or a general purpose political subdivision thereof; a consortium of such political subdivisions recognized by the Secretary in accordance with [section 12746(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12746/2&num=0&edition=prelim); and any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this Act.
(2) The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to the provisions of this Act.
(3) The term “jurisdiction” means a State or unit of general local government.
(4) The term “participating jurisdiction” means any State or unit of general local government that has been so designated in accordance with [section 12746 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12746&num=0&edition=prelim).
(5) The term “nonprofit organization” means any private, nonprofit organization (including a State or locally chartered, nonprofit organization) that—
(A) is organized under State or local laws,
(B) has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual,
(C) complies with standards of financial
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12704
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Federal law — U.S. Code and appendices · legal_authorities
Not later than 2 years after October 24, 1992, the Secretary shall establish a program to provide technical assistance to State and local organizations to encourage the adoption of and use of residential energy efficiency rating systems consistent with the voluntary guidelines issued under [section 8236 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8236&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8236a
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Federal law — U.S. Code and appendices · legal_authorities
Not later than 3 years after October 24, 1992, the Secretary shall transmit to the President and the Congress a final report containing—
(1) a description of actions taken by the Secretary and other Federal agencies to implement this part;
(2) a description of the action taken by States, local governments, and other organizations to implement the voluntary guidelines issued under [section 8236 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8236&num=0&edition=prelim) and any problems encountered in implementing such guidelines; and
(3) recommendations on the feasibility of requiring, as a prerequisite to receiving federally assisted, guaranteed, or insured mortgages, the achievement of a minimum energy efficiency rating.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8236b
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Federal law — U.S. Code and appendices · legal_authorities
Page 8449
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12712
L. 110–140, set out as an Effective Date note under sec-
tion 1824 of Title 2, The Congress.
§ 12710. Capacity study
(a) In general
The Secretary shall ensure that the Depart-
ment of Housing and Urban Development has
adequate capacity and resources, including staff
and training programs, to carry out its mission
and responsibilities to implement the provisions
of this Act, including the ability of the Depart-
ment to carry out the multifamily mortgage in-
surance program, and the ability to respond to
areas identified as ‘‘material weaknesses’’ by
the Office of the Inspector General in financial
audits or other reports.
(b) Report
Not later than 60 days after November 28, 1990,
and annually thereafter, the Secretary shall pre-
pare and submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and
the Committee on Banking, Finance and Urban
Affairs of the House of Representatives a study
detailing the Department’s plan to maintain
such capacity, together with any recommenda-
tions for legislative and administrative action
as the Secretary determines to be appropriate.
(Pub. L. 101–625, title I, § 110, Nov. 28, 1990, 104
Stat. 4093; Pub. L. 102–550, title IV, § 407, Oct. 28,
1992, 106 Stat. 3778.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 101–625,
Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gon-
zalez National Affordable Housing Act. For complete
classification of this Act to the Code, see Short Title
note set out under section 12701 of this title and Tables.
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–550 struck out ‘‘, and’’
after ‘‘responsibilities’’ and substituted for period at
end ‘‘and the ability to respond to
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12712
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Federal law — U.S. Code and appendices · legal_authorities
Page 7547
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8236a
approved under section 8235a(a) of this title;
and
(4) if the Secretary determines that it is ap-
propriate, an analysis of the impact of expand-
ing the approval of plans under section
8235a(a) of this title to establish prototype res-
idential energy efficiency programs, and the
provision of financial assistance to such pro-
grams, on a national basis and an assessment
of the alternative methods by which such an
expansion could be accomplished.
(Pub. L. 95–619, title II, § 268, as added Pub. L.
96–294, title V, § 562, June 30, 1980, 94 Stat. 750.)
§ 8235h. Revoking approval of plans and termi-
nating financial assistance
The Secretary shall revoke the approval of
any plan under section 8235a(a) of this title for
the establishment of a prototype residential en-
ergy efficiency program, and shall terminate the
provision of financial assistance under section
8235a(c) of this title to carry out such plan, if
the Secretary determines, in consultation with
the Federal Trade Commission and after notice
and the opportunity for a hearing, that carrying
out such plan—
(1) causes unfair methods of competition;
(2) has a substantial adverse effect on com-
petition in the portion of the service area of
the public utility designated by the contract
entered into under the plan; or
(3) provides a supplier or contractor of en-
ergy conservation measures with an unreason-
ably large share of the contracts for the sup-
ply or installation of such measures under
such plan in the service area of the public util-
ity designated by the contract entered into
under such plan.
(Pub. L. 95–619, title II, § 269, as added Pub. L.
96–294, title V, § 562, June 30, 1980, 94 Stat. 751.)
§ 8235i. Authorization of appr
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8236
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