42 U.S.C. § 17121 — Demonstration project

Page 8984 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17121 1 See References in Text note below. 2 So in original. A comma probably should appear. (j) Authorization of appropriations There are authorized to be appropriated to the Secretary for the period of fiscal years 2022 through 2026— (1) $150,000,000 to carry out subsections (a) through (h); and (2) $400,000,000 to carry out subsection (i). (Pub. L. 110–140, title IV, § 457, as added Pub. L. 117–58, div. D, title V, § 40521(b), Nov. 15, 2021, 135 Stat. 1062.) Editorial Notes REFERENCES IN TEXT The Small Business Act, referred to in subsec. (h), is Pub. L. 85–536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For 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 au- thority of Secretary of Labor, see section 18851 of this title. PART E—GENERAL PROVISIONS § 17121. Demonstration project (a) In general The Federal Director and the Commercial Di- rector shall establish guidelines to implement a demonstration project to contribute to the re- search goals of the Office of Commercial High- Performance Green Buildings and the Office of Federal High-Performance Green Buildings. (b) Projects In accordance with guidelines established by the Federal Director and the Commercial Direc- tor under subsection (a) and the duties of the Federal Director and the Commercial Director described in this title,1 the Federal Director or the Commercial Director shall carry out— (1) for each of fiscal years 2009 through 2014, 1 demonstration project per year of green fea- tures in a Federal building selected by the Federal Director in accordance with relevant agencies and described in subsection (c)(1), that— (A) provides for instrumentation, moni- toring, and data collection related to the green features, for study of the impact of the features on overall energy use and oper- ational costs, and for the evaluation of the information obtained through the conduct of projects and activities under this title; 1 and (B) achieves the highest rating offered by the high performance green building system identified pursuant to section 17092(h) of this title; (2) no fewer than 4 demonstration projects at 4 universities, that, as competitively selected by the Commercial Director in accordance with subsection (c)(2), have— (A) appropriate research resources and rel- evant projects to meet the goals of the dem- onstration project established by the Office of Commercial High-Performance Green Buildings; and (B) the ability— (i) to serve as a model for high-perform- ance green building initiatives, including research and education 2 by achieving the highest rating offered by the high perform- ance green building system identified pur- suant to section 17092(h) of this title; (ii) to identify the most effective ways to use high-performance green building and landscape technologies to engage and edu- cate undergraduate and graduate students; (iii) to effectively implement a high-per- formance green building education pro- gram for students and occupants; (iv) to demonstrate the effectiveness of various high-performance technologies, in- cluding their impacts on energy use and operational costs, in each of the 4 climatic regions of the United States described in subsection (c)(2)(B); and (v) to explore quantifiable and nonquan- tifiable beneficial impacts on public health and employee and student performance; (3) demonstration projects to evaluate replicable approaches of achieving high per- formance in actual building operation in var- ious types of commercial buildings in various climates; and (4) deployment activities to disseminate in- formation on and encourage widespread adop- tion of technologies, practices, and policies to achieve zero-net-energy commercial buildings or low energy use and effective monitoring of energy use in commercial buildings. (c) Criteria (1) Federal facilities With respect to the existing or proposed Federal facility at which a demonstration project under this section is conducted, the Federal facility shall— (A) be an appropriate model for a project relating to— (i) the effectiveness of high-performance technologies; (ii) analysis of materials, components, systems, and emergency operations in the building, and the impact of those mate- rials, components, and systems, including the impact on the health of building occu- pants; (iii) life-cycle costing and life-cycle as- sessment of building materials and sys- tems; and (iv) location and design that promote ac- cess to the Federal facility through walk- ing, biking, and mass transit; and (B) possess sufficient technological and or- ganizational adaptability. (2) Universities With respect to the 4 universities at which a demonstration project under this section is conducted— Page 8985 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17122 3 So in original. Probably should be ‘‘subsection’’. (A) the universities should be selected, after careful review of all applications re- ceived containing the required information, as determined by the Commercial Director, based on— (i) successful and established public-pri- vate research and development partner- ships; (ii) demonstrated capabilities to con- struct or renovate buildings that meet high indoor environmental quality stand- ards; (iii) organizational flexibility; (iv) technological adaptability; (v) the demonstrated capacity of at least 1 university to replicate lessons learned among nearby or sister universities, pref- erably by participation in groups or con- sortia that promote sustainability; (vi) the demonstrated capacity of at least 1 university to have officially-adopt- ed, institution-wide ‘‘high-performance green building’’ guidelines for all campus building projects; and (vii) the demonstrated capacity of at least 1 university to have been recognized by similar institutions as a national leader in sustainability education and curriculum for students of the university; and (B) each university shall be located in a different climatic region of the United States, each of which regions shall have, as determined by the Office of Commercial High-Performance Green Buildings— (i) a hot, dry climate; (ii) a hot, humid climate; (iii) a cold climate; or (iv) a temperate climate (including a cli- mate with cold winters and humid sum- mers). (d) Applications To receive a grant under subsection (b), an eli- gible applicant shall submit to the Federal Di- rector or the Commercial Director an applica- tion at such time, in such manner, and con- taining such information as the Director may require, including a written assurance that all laborers and mechanics employed by contractors or subcontractors during construction, alter- ation, or repair that is financed, in whole or in part, by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as deter- mined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40. The Secretary of Labor shall, with re- spect to the labor standards described in this subsection, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40. (e) Report Not later than 1 year after December 19, 2007, and annually thereafter through September 30, 2014— (1) the Federal Director and the Commercial Director shall submit to the Secretary a re- port that describes the status of the dem- onstration projects; and (2) each University at which a demonstra- tion project under this section is conducted shall submit to the Secretary a report that de- scribes the status of the demonstration projects under this section. (f) Authorization of appropriations There is authorized to be appropriated to carry out the demonstration project described in section 3 (b)(1), $10,000,000 for the period of fiscal years 2008 through 2012, and to carry out the demonstration project described in section 3 (b)(2), $10,000,000 for the period of fiscal years 2008 through 2012, to remain available until ex- pended. (Pub. L. 110–140, title IV, § 491, Dec. 19, 2007, 121 Stat. 1649.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsec. (b), is title IV of Pub. L. 110–140, Dec. 19, 2007, 121 Stat. 1596, which enacted this subchapter, part C (§ 6341 et seq.) of subchapter III of chapter 77 of this title, sections 6371h–1 and 7628 of this title, and subchapter V (§ 2695 et seq.) of chapter 53 of Title 15, Commerce and Trade, amended sections 6832, 6834, 6862, 6872, 8253, 8254, and 12709 of this title, and enacted provisions set out as notes under sections 6834 and 6872 of this title. For complete classification of title IV to the Code, see Tables. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (d), is set out in the Appendix to Title 5, Gov- ernment Organization and Employees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 17122. Research and development (a) Establishment The Federal Director and the Commercial Di- rector, jointly and in coordination with the Ad- visory Committee, shall— (1)(A) survey existing research and studies relating to high-performance green buildings; and (B) coordinate activities of common inter- est; (2) develop and recommend a high-perform- ance green building research plan that— (A) identifies information and research needs, including the relationships between human health, occupant productivity, safe- ty, security, and accessibility and each of— (i) emissions from materials and prod- ucts in the building; (ii) natural day lighting; (iii) ventilation choices and tech- nologies; (iv) heating, cooling, and system control choices and technologies; (v) moisture control and mold; (vi) maintenance, cleaning, and pest con- trol activities; (vii) acoustics; (viii) access to public transportation; and (ix) other issues relating to the health, comfort, productivity, and performance of occupants of the building;