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 building components onto the electric grid; and (D) an assessment of the feasibility of adopting technologies developed under sub- section (a) at Department facilities. (2) Recommendations As part of the report, the Secretary shall de- velop a 10-year roadmap to guide the research, development, and demonstration program to enable components of commercial and residen- tial buildings to serve as dynamic energy loads on and resources for the electric grid. (3) Updates The Secretary shall update the report re- quired under this section every 3 years for the duration of the program under subsection (a) and shall submit the updated report to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Com- mittee on Energy and Natural Resources of the Senate. (d) Program implementation In carrying out this section, the Secretary shall— (1) implement the recommendations from the report in subsection (c); and (2) coordinate across all relevant program offices at the Department to achieve the goals established in this section, including the Of- fice of Electricity. (Pub. L. 110–140, title IV, § 426, as added Pub. L. 116–260, div. Z, title I, § 1007(e)(1), Dec. 27, 2020, 134 Stat. 2435.) PART C—HIGH-PERFORMANCE FEDERAL BUILDINGS § 17091. Leasing (a) In general Except as provided in subsection (b), effective beginning on the date that is 3 years after De- cember 19, 2007, no Federal agency shall enter into a contract to lease space in a building that has not earned the Energy Star label in the most recent year. (b) Exception (1) Application This subsection applies if— (A) no space is available in a building de- scribed in subsection (a) that meets the functional requirements of an agency, in- cluding locational needs; (B) the agency proposes to remain in a building that the agency has occupied pre- viously; (C) the agency proposes to lease a building of historical, architectural, or cultural sig- nificance (as defined in section 3306(a)(4) of title 40) or space in such a building; or (D) the lease is for not more than 10,000 gross square feet of space. (2) Buildings without Energy Star label If one of the conditions described in para- graph (1) is met, the agency may enter into a contract to lease space in a building that has not earned the Energy Star label in the most recent year if the lease contract includes pro- visions requiring that, prior to occupancy or, in the case of a contract described in para- graph (1)(B), not later than 1 year after sign- ing the contract, the following requirements are met: (A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in light- ing, windows, and heating, ventilation, and air conditioning systems. (B)(i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole build- ing utility consumption data, including spaces— (I) that are located in States with pri- vacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and Page 8965 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17092 1 See References in Text note below. (II) for which tenants do not provide en- ergy consumption information to the com- mercial building owner in response to a re- quest from the building owner. (ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption in- formation of the space for the benchmarking and disclosure required by this subpara- graph. (c) Revision of Federal Acquisition Regulation (1) In general Not later than 3 years after December 19, 2007, the Federal Acquisition Regulation de- scribed in section 1121(b) and (c)(1) of title 41 shall be revised to require Federal officers and employees to comply with this section in leas- ing buildings. (2) Consultation The members of the Federal Acquisition Regulatory Council established under section 1302(a) of title 41 shall consult with the Fed- eral Director and the Commercial Director be- fore promulgating regulations to carry out this subsection. (Pub. L. 110–140, title IV, § 435, Dec. 19, 2007, 121 Stat. 1615; Pub. L. 114–11, title III, § 301(a), Apr. 30, 2015, 129 Stat. 189.) Editorial Notes CODIFICATION In subsec. (c)(1), ‘‘section 1121(b) and (c)(1) of title 41’’ substituted for ‘‘section 6(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(a))’’ on author- ity of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(2), ‘‘section 1302(a) of title 41’’ sub- stituted for ‘‘section 25 of the Office of Federal Pro- curement Policy Act (41 U.S.C. 421)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 2015—Subsec. (b)(2). Pub. L. 114–11 substituted ‘‘para- graph (1) is met’’ for ‘‘paragraph (2) is met’’ and ‘‘sign- ing the contract, the following requirements are met:’’ for ‘‘signing the contract, the space will be renovated for all energy efficiency and conservation improve- ments that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning sys- tems.’’ and added subpars. (A) and (B). 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. § 17092. High-performance green Federal build- ings (a) Establishment of Office Not later than 60 days after December 19, 2007, the Administrator shall establish within the General Services Administration an Office of Federal High-Performance Green Buildings, and appoint an individual to serve as Federal Direc- tor in, a position in the career-reserved Senior Executive service, to— (1) establish and manage the Office of Fed- eral High-Performance Green Buildings; and (2) carry out other duties as required under this part. (b) Compensation The compensation of the Federal Director shall not exceed the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, including any applicable locality- based comparability payment that may be au- thorized under section 5304(h)(2)(C) of that title. (c) Duties The Federal Director shall— (1) coordinate the activities of the Office of Federal High-Performance Green Buildings with the activities of the Office of Commercial High-Performance Green Buildings, and the Secretary, in accordance with section 6834(a)(3)(D) of this title; (2) ensure full coordination of high-perform- ance green building information and activities within the General Services Administration and all relevant agencies, including, at a min- imum— (A) the Environmental Protection Agency; (B) the Office of the Federal Environ- mental Executive; (C) the Office of Federal Procurement Pol- icy; (D) the Department of Energy; (E) the Department of Health and Human Services; (F) the Department of Defense; (G) the Department of Transportation; (H) the National Institute of Standards and Technology; and (I) the Office of Science and Technology Policy; (3) establish a senior-level Federal Green Building Advisory Committee under section 474,1 which shall provide advice and rec- ommendations in accordance with that section and subsection (d); (4) identify and every 5 years reassess im- proved or higher rating standards rec- ommended by the Advisory Committee; (5) ensure full coordination, dissemination of information regarding, and promotion of the results of research and development informa- tion relating to Federal high-performance green building initiatives; (6) identify and develop Federal high-per- formance green building standards for all types of Federal facilities, consistent with the requirements of this part and section 6834(a)(3)(D) of this title; (7) establish green practices that can be used throughout the life of a Federal facility; (8) review and analyze current Federal budg- et practices and life-cycle costing issues, and make recommendations to Congress, in ac- cordance with subsection (d); and (9) identify opportunities to demonstrate in- novative and emerging green building tech- nologies and concepts.