42 U.S.C. § 8236a — Technical assistance

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 appropriations (a) Authorization of appropriations There is authorized to be appropriated to carry out this part— (1) the sum of $10,000,000 for the fiscal year ending on September 30, 1981; and (2) the sum equal to $10,000,000 minus the amount appropriated for the fiscal year ending on September 30, 1981, under the authorization contained in this section, for the fiscal year ending on September 30, 1982. (b) Availability Any funds appropriated under the authoriza- tion contained in this section shall remain available until expended. (Pub. L. 95–619, title II, § 270, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 751.) PART D—RESIDENTIAL ENERGY EFFICIENCY RATING GUIDELINES § 8236. Voluntary rating guidelines (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, representa- tives 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 sub- section (a) shall— (1) encourage uniformity with regard to sys- tems 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 de- termine energy efficiency ratings; (B) training of personnel conducting en- ergy 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 effi- cient mortgages, including that developed under section 946 of the Cranston-Gonzalez Na- tional Affordable Housing Act (42 U.S.C. 12712 note) and pursuant to sections 105 and 106 of the Energy Policy Act of 1992; (4) provide that rating systems take into ac- count local climate conditions and construc- tion practices, solar energy collected on-site, and the benefits of peak load shifting con- struction practices, and not discriminate among fuel types; and (5) establish procedures to ensure that resi- dential buildings can receive an energy effi- ciency rating at the time of sale and that such rating is communicated to potential buyers. (Pub. L. 95–619, title II, § 271, as added Pub. L. 102–486, title I, § 102(a), Oct. 24, 1992, 106 Stat. 2787.) Editorial Notes REFERENCES IN TEXT Section 946 of the Cranston-Gonzalez National Afford- able Housing Act, referred to in subsec. (b)(3), is section 946 of Pub. L. 101–625, which is set out as a note under section 12712 of this title. Sections 105 and 106 of the Energy Policy Act of 1992, referred to in subsec. (b)(3), are sections 105 and 106 of Pub. L. 102–486. Section 105 amended section 12704 of this title and provisions set out as a note under section 12712 of this title. Section 106 is classified to section 1701z–16 of Title 12, Banks and Banking. § 8236a. Technical assistance Not later than 2 years after October 24, 1992, the Secretary shall establish a program to pro- vide technical assistance to State and local or- ganizations to encourage the adoption of and use of residential energy efficiency rating sys- tems consistent with the voluntary guidelines issued under section 8236 of this title. (Pub. L. 95–619, title II, § 272, as added Pub. L. 102–486, title I, § 102(a), Oct. 24, 1992, 106 Stat. 2788.) Page 7548 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8236b § 8236b. Report 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 Sec- retary and other Federal agencies to imple- ment this part; (2) a description of the action taken by States, local governments, and other organiza- tions to implement the voluntary guidelines issued under section 8236 of this title and any problems encountered in implementing such guidelines; and (3) recommendations on the feasibility of re- quiring, as a prerequisite to receiving feder- ally assisted, guaranteed, or insured mort- gages, the achievement of a minimum energy efficiency rating. (Pub. L. 95–619, title II, § 273, as added Pub. L. 102–486, title I, § 102(a), Oct. 24, 1992, 106 Stat. 2788.) SUBCHAPTER III—FEDERAL ENERGY INITIATIVE PART A—DEMONSTRATION OF SOLAR HEATING AND COOLING IN FEDERAL BUILDINGS § 8241. Definitions As used in the part— (1) The term ‘‘Federal agency’’ means— (A) an Executive agency as defined in sec- tion 105 of title 5; and (B) each entity specified in subparagraphs (B) through (I) of subsection (1) of section 5721 of title 5. (2) The term ‘‘Federal building’’ means any building or other structure owned in whole or part by the United States or any Federal agen- cy, including any such structure occupied by a Federal agency under a lease-acquisition agreement under which the United States or a Federal agency will receive fee simple title under the terms of such agreement without further negotiation. (3) The term ‘‘solar heating’’ means, with re- spect to any Federal building, the use of solar energy to meet all or part of the heating needs of such building (including hot water), or all or part of the needs of such building for hot water. (4) The term ‘‘solar heating and cooling’’ means the use of solar energy to provide all or part of the heating needs of a Federal building (including hot water) and all or part of the cooling needs of such building, or all or part of the needs of such building for hot water. (5) The term ‘‘solar energy equipment’’ means equipment for solar heating or solar heating and cooling. (6) The term ‘‘Secretary’’ means the Sec- retary of Energy. (Pub. L. 95–619, title V, § 521, Nov. 9, 1978, 92 Stat. 3275; Pub. L. 110–161, div. H, title I, § 1303(b), Dec. 26, 2007, 121 Stat. 2242.) Editorial Notes AMENDMENTS 2007—Par. (1)(B). Pub. L. 110–161 substituted ‘‘sub- paragraphs (B) through (I)’’ for ‘‘paragraphs (B) through (H)’’. § 8242. Federal solar program The Secretary, in consultation with the Ad- ministrator of the General Services Administra- tion, shall develop and carry out a program to demonstrate the application to buildings of solar heating and solar heating and cooling technology in Federal buildings. (Pub. L. 95–619, title V, § 522, Nov. 9, 1978, 92 Stat. 3276.) § 8243. Duties of Secretary (a) Duties In exercising the authority provided by sec- tion 8242 of this title, the Secretary, in consulta- tion with the Administrator of the General Services Administration, shall— (1) promulgate, by rule— (A) requirements under which Federal agencies shall submit proposals for the in- stallation of solar energy equipment in Fed- eral buildings which are under their control and which are selected in accordance with procedures set forth in such rule, and (B) criteria by which proposals under sub- paragraph (A) will be evaluated, which cri- teria shall provide for the inclusion in each proposal of a complete analysis of the present value, as determined by the Sec- retary, of the costs and benefits of the pro- posal to the Federal agency, and for the demonstration, to the maximum extent practicable, of innovative and diverse appli- cations to a variety of types of Federal buildings of solar heating and solar heating and cooling technology, and for location of demonstration projects in areas where a pri- vate sector market for solar energy equip- ment is likely to develop; (2) evaluate in writing each such proposal pursuant to the criteria promulgated pursuant to paragraph (1)(B), and make such evaluation available to the agency and, upon request, to any person; (3) provide technical and financial assistance by interagency agreement for implementing a proposal evaluated under paragraph (2) and ap- proved by the Secretary; except that such as- sistance shall be limited to the design, acqui- sition, construction, and installation of solar energy equipment; (4) provide, by rule, that Federal agencies re- port to the Secretary periodically such infor- mation as they acquire respecting mainte- nance and operation of solar energy equipment for which assistance is provided under para- graph (3); (5) require that a life cycle cost analysis in accordance with part B be done for any Fed- eral building for which a proposal is submitted under this section and the results of such anal- ysis be included in such proposal; and (6) if solar energy equipment for which as- sistance is to be provided under paragraph (3) is not the minimum life-cycle cost alternative, require the Federal agency involved to submit a report to the Secretary stating the amount by which the life-cycle cost of such equipment exceeds the minimum life-cycle cost.