42 U.S.C. § 5503 — Development and demonstration of solar

Page 6572 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5502 heating and cooling technologies can be expe- dited by testing under carefully controlled conditions; and (11) commercial application of solar heating and combined solar heating and cooling tech- nologies can be expedited by early commercial demonstration under practical conditions. (b) It is therefore declared to be the policy of the United States and the purpose of this sub- chapter to provide for the demonstration within a three-year period of the practical use of solar heating technology, and to provide for the devel- opment and demonstration within a five-year period of the practical use of combined heating and cooling technology. (Pub. L. 93–409, § 2, Sept. 3, 1974, 88 Stat. 1069.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–590, § 1, Nov. 4, 1978, 92 Stat. 2513, provided that Pub. L. 95–590 (enacting subchapter III of this chapter) could be cited as the ‘‘Solar Photovoltaic En- ergy Research, Development, and Demonstration Act of 1978’’, prior to repeal by Pub. L. 116–260, div. Z, title III, § 3006(f), Dec. 27, 2020, 134 Stat. 2513. SHORT TITLE Pub. L. 93–473, § 1, Oct. 26, 1974, 88 Stat. 1431, provided that Pub. L. 93–473 (enacting subchapter II of this chap- ter) could be cited as the ‘‘Solar Energy Research, De- velopment, and Demonstration Act of 1974’’, prior to re- peal by Pub. L. 116–260, div. Z, title III, § 3006(e)(1), Dec. 27, 2020, 134 Stat. 2513. Pub. L. 93–409, § 1, Sept. 3, 1974, 88 Stat. 1069, provided: ‘‘That this Act [enacting this subchapter and amending section 2473 of this title] may be cited as the ‘Solar Heating and Cooling Demonstration Act of 1974’.’’ § 5502. Definitions For purposes of this subchapter— (1) the term ‘‘solar heating’’, with respect to any building, means the use of solar energy to meet such portion of the total heating needs of such building (including hot water), or such portion of the needs of such building for hot water (where its remaining heating needs are met by other methods), as may be required under performance criteria prescribed by the Secretary of Housing and Urban Development utilizing the services of the Director of the National Institute of Standards and Tech- nology, and in consultation with the Secretary of Energy, and the Administrator of the Na- tional Aeronautics and Space Administration; (2) the terms ‘‘solar heating and cooling’’ and ‘‘combined solar heating and cooling’’, with respect to any building, mean the use of solar energy to provide both such portion of the total heating needs of such building (in- cluding hot water) and such portion of the total cooling needs of such building, or such portion of the needs of such building for hot water (where its remaining heating needs are met by other methods) and such portion of the total cooling needs of a building, as may be re- quired under performance criteria prescribed by the Secretary of Housing and Urban Devel- opment utilizing the services of the Director of the National Institute of Standards and Technology, and in consultation with the Sec- retary of Energy, and the Administrator of the National Aeronautics and Space Administra- tion, and such term includes cooling by means of nocturnal heat radiation, by evaporation, or by other methods of meeting peakload energy requirements at nonpeakload times; (3) the term ‘‘residential dwellings’’ includes previously occupied and new single family and multifamily dwellings, mobile homes, and publicly assisted housing owned by a private sponsor or a State or local housing authority not covered by section 5515 of this title; (4) the term ‘‘Administrator’’ means the Ad- ministrator of the National Aeronautics and Space Administration; (5) the term ‘‘Secretary’’ means the Sec- retary of Housing and Urban Development; and (6) Omitted. (Pub. L. 93–409, § 3, Sept. 3, 1974, 88 Stat. 1070; Pub. L. 93–438, title I, § 104(f), title III, § 301(h), Oct. 11, 1974, 88 Stat. 1238, 1250; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.) Editorial Notes CODIFICATION Par. (6) of this section, which defined the term ‘‘Di- rector’’ as meaning the Director of the National Science Foundation, was omitted because of the trans- fer of functions from the National Science Foundation to the Secretary of Energy and the substitution of ‘‘Secretary of Energy’’ for ‘‘Director’’ wherever appear- ing in this subchapter. See Transfer of Functions note set out below. AMENDMENTS 1988—Pars. (1), (2). Pub. L. 100–418 substituted ‘‘Na- tional Institute of Standards and Technology’’ for ‘‘Na- tional Bureau of Standards’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Energy’’ substituted for ‘‘Director of the National Science Foundation’’ in pars. (1) and (2) pursuant to sections 104(f) and 301(h) of Pub. L. 93–438, which are classified to sections 5814(f) and 5871(h) of this title and which transferred functions of National Science Foundation relating to or utilized in connec- tion with solar heating and cooling development to Ad- ministrator of Energy Research and Development Ad- ministration, and pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sections 7151(a), 7293, and 7297 of this title and which terminated Energy Research and Development Administration and transferred its functions and functions of Adminis- trator thereof (with certain exceptions) to Secretary of Energy. § 5503. Development and demonstration of solar heating systems for use in residential dwell- ings (a) Functions of Administrator and Secretary The Administrator and the Secretary shall promptly initiate and carry out a program, as provided in this section, for the development and demonstration of solar heating systems (in- cluding collectors, controls, and thermal stor- age) for use in residential dwellings. Page 6573 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5503 (b) Time for determination, prescription and publishing of interim performance criteria; selection of designs for suitable dwellings (1) Within 120 days after September 3, 1974, the Secretary, utilizing the services of the Director of the National Institute of Standards and Tech- nology and in consultation with the Adminis- trator and the Secretary of Energy, shall deter- mine, prescribe, and publish— (A) interim performance criteria for solar heating components and systems to be used in residential dwellings, and (B) interim performance criteria (relating to suitability for solar heating) for such dwell- ings themselves, taking into account in each instance climatic variations existing between different geographic areas. (2) As soon as possible after the publication of the performance criteria prescribed under para- graph (1), the Secretary, in consultation with the Director of the National Institute of Stand- ards and Technology and the Administrator, will select on the basis of open competition a number of designs for various types of residen- tial dwellings suitable for and adapted to the in- stallation of solar heating systems meeting the performance criteria prescribed under paragraph (1)(A). (c) Contracts and grants for development of heating systems for commercial production and residential use; contracts for procure- ment of heating systems and components The Administrator, in accordance with the ap- plicable provisions of subchapter II of chapter 201 of title 51 and under program guidelines es- tablished jointly by the Administrator and the Secretary, shall, after consultation with the Secretary— (1) enter into such contracts and grants as may be necessary or appropriate for the devel- opment (for commercial production and resi- dential use) of solar heating systems meeting the performance criteria prescribed under sub- section (b)(1)(A) (including any further plan- ning and design which may be required to con- form with the specifications set forth in such criteria); and (2) enter into contracts with a number of persons or firms for the procurement of solar heating components and systems meeting such performance criteria (including adequate num- bers of spare and replacement parts for such systems). (d) Installation of heating systems; operation during demonstration period; title and own- ership of dwellings and systems; agreement of owner to observe and monitor system for five years; reports by owner The Secretary shall (1) arrange for the instal- lation of solar heating systems procured by the Administrator under subsection (c)(2) in a sub- stantial number of residential dwellings and (2) provide for the satisfactory operation of such in- stallations during the demonstration period. Title to and ownership of any dwellings con- structed hereunder and of solar heating systems installed hereunder may be conveyed to pur- chasers or owners of such dwellings under terms and conditions prescribed by the Secretary, in- cluding an express agreement that any such pur- chaser or owner shall, in such manner and form and on such terms and conditions as the Sec- retary may prescribe, observe and monitor (or permit the Secretary to observe and monitor) the performance and operation of such system for a period of five years, and that such pur- chaser or owner (including any subsequent owner and occupant of the property who also makes such an agreement) shall regularly fur- nish the Secretary with such reports thereon as the agreement may require. (e) Installation of heating systems by Secretary of Defense in dwellings located on Federal or federally administered property The Secretary of Defense shall arrange for the installation of solar heating systems procured by the Administrator under subsection (c)(2) in a substantial number of residential dwellings which are located on Federal or federally admin- istered property where the performance and op- eration of such systems can be regularly and ef- fectively observed and monitored by designated Federal personnel. (f) Coordination of activities to assure a realistic and effective demonstration The Secretary and the Secretary of Defense, and officials responsible for administering Fed- eral or federally administered property, shall co- ordinate their activities under this section to assure that solar heating systems are installed in a substantial number of residential dwellings and in a sufficient number of different geo- graphic areas under varying climatic conditions to constitute a realistic and effective dem- onstration in support of the objectives of this subchapter. (Pub. L. 93–409, § 5, Sept. 3, 1974, 88 Stat. 1070; Pub. L. 93–438, title I, § 104(f), title III, § 301(h), Oct. 11, 1974, 88 Stat. 1238, 1250; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.) Editorial Notes CODIFICATION In subsec. (c), ‘‘subchapter II of chapter 201 of title 51’’ substituted for ‘‘title II of the National Aeronautics and Space Act of 1958’’ on authority of Pub. L. 111–314, § 5(e), Dec. 18, 2010, 124 Stat. 3443, which Act enacted Title 51, National and Commercial Space Programs. AMENDMENTS 1988—Subsec. (b)(1), (2). Pub. L. 100–418 substituted ‘‘National Institute of Standards and Technology’’ for ‘‘National Bureau of Standards’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Energy’’ substituted for ‘‘Director’’, meaning Director of National Science Foundation, in subsec. (b)(1) pursuant to sections 104(f) and 301(h) of Pub. L. 93–438, which are classified to sections 5814(f) and 5871(h) of this title and which transferred functions of National Science Foundation relating to or utilized in connection with solar heating and cooling develop- ment to Administrator of Energy Research and Devel- opment Administration, and pursuant to sections Page 6574 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5504 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sections 7151(a), 7293, and 7297 of this title and which terminated Energy Research and Development Admin- istration and transferred its functions and functions of Administrator thereof (with certain exceptions) to Sec- retary of Energy. § 5504. Development and demonstration of com- bined solar heating and cooling systems for use in residential dwellings (a) Functions of Administrator and Secretary The Administrator and the Secretary shall promptly initiate and carry out a program, as provided in this section, for the development and demonstration of combined solar heating and cooling systems (including collectors, con- trols, and thermal storage) for use in residential dwellings. (b) Time for determination, prescription and publishing of interim performance criteria; selection of designs for suitable dwellings (1) As soon as possible after September 3, 1974, the Secretary, utilizing the services of the Di- rector of the National Institute of Standards and Technology and in consultation with the Administrator and the Secretary of Energy, shall determine, prescribe, and publish— (A) interim performance criteria for com- bined solar heating and cooling components and systems to be used in residential dwell- ings, and (B) interim performance criteria (relating to suitability for solar heating and cooling) for such dwellings themselves, taking into account in each instance climatic variations existing between different geographic areas. (2) As soon as possible after the publication of the performance criteria prescribed under para- graph (1) (and if possible before the completion of the research and development provided for in subsection (c)), the Secretary, in consultation with the Director of the National Institute of Standards and Technology and the Adminis- trator, will select on the basis of open competi- tion a number of designs for various types of residential dwellings suitable for and adapted to the installation of combined solar heating and cooling systems meeting the performance cri- teria prescribed under paragraph (1)(A). (c) Program of research, development and test- ing to provide additional technological re- sources for development and commercial ap- plication of combined systems During the period immediately following the publication of performance criteria under sub- section (b)(1), the Administrator, in coordina- tion with the Secretary of Energy, shall under- take and conduct with respect to solar heating and cooling a program of research, development, and testing designed to provide the additional technological resources necessary for the devel- opment and commercial application of combined solar heating and cooling systems as con- templated by the program under this section. (d) Contracts and grants for development of com- bined systems for commercial production and residential use; contracts for procure- ment of combined systems The Administrator, in accordance with the ap- plicable provisions of subchapter II of chapter 201 of title 51 and under program guidelines es- tablished jointly by the Administrator and the Secretary, and at the earliest possible time dur- ing or immediately after the period specified in subsection (c), shall, after consultation with the Secretary— (1) enter into such contracts and grants as may be necessary or appropriate for the devel- opment (for commercial production and resi- dential use) of combined solar heating and cooling systems meeting the performance cri- teria prescribed under subsection (b)(1)(A) (in- cluding any further planning and design which may be required to conform with the specifica- tions set forth in such criteria or to reflect the results of the activities conducted under sub- section (c)); and (2) enter into contracts with a number of persons or firms for the procurement of com- bined solar heating and cooling systems meet- ing such performance criteria (including ade- quate numbers of spare and replacement parts for such systems). (e) Installation of combined systems; operation during demonstration period; title and own- ership of dwellings and systems; agreement of owner to observe and monitor system; re- ports by owner The Secretary shall (1) arrange for the instal- lation of combined solar heating and cooling systems procured by the Administrator under subsection (d)(2) in a substantial number of resi- dential dwellings and (2) provide for the satisfac- tory operation of such installations during the demonstration period. Title to and ownership of any dwellings constructed hereunder and of combined solar heating and cooling systems in- stalled hereunder may be conveyed to pur- chasers or owners of such dwellings under terms and conditions prescribed by the Secretary, in- cluding an express agreement that any such pur- chaser or owner shall, in such manner and form and on such terms and conditions as the Sec- retary may prescribe, observe and monitor (or permit the Secretary to observe and monitor) the performance and operation of such system for a period of five years, and that such pur- chaser or owner (including any subsequent owner and occupant of the property who also makes such an agreement) shall regularly fur- nish the Secretary with such reports thereon as the agreement may require. (f) Installation of combined systems by Secretary of Defense in dwellings located on Federal or federally administered property The Secretary of Defense shall arrange for the installation of combined solar heating and cool- ing systems procured by the Administrator under subsection (d)(2) in a substantial number of residential dwellings which are located on Federal or federally administered property where the performance and operation of such systems can be regularly and effectively ob-