42 U.S.C. § 17081 — Untitled legal text

Page 8959 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17081 1 So in original. Probably should be ‘‘Code’’. lish standards for energy efficiency in manu- factured housing. (2) Notice, comment, and consultation Standards described in paragraph (1) shall be established after— (A) notice and an opportunity for comment by manufacturers of manufactured housing and other interested parties; and (B) consultation with the Secretary of Housing and Urban Development, who may seek further counsel from the Manufactured Housing Consensus Committee. (b) Requirements (1) International Energy Conservation Code The energy conservation standards estab- lished under this section shall be based on the most recent version of the International En- ergy Conservation Code (including supple- ments), except in cases in which the Secretary finds that the code 1 is not cost-effective, or a more stringent standard would be more cost- effective, based on the impact of the code 1 on the purchase price of manufactured housing and on total life-cycle construction and oper- ating costs. (2) Considerations The energy conservation standards estab- lished under this section may— (A) take into consideration the design and factory construction techniques of manufac- tured homes; (B) be based on the climate zones estab- lished by the Department of Housing and Urban Development rather than the climate zones under the International Energy Con- servation Code; and (C) provide for alternative practices that result in net estimated energy consumption equal to or less than the specified standards. (3) Updating The energy conservation standards estab- lished under this section shall be updated not later than— (A) 1 year after December 19, 2007; and (B) 1 year after any revision to the Inter- national Energy Conservation Code. (c) Enforcement Any manufacturer of manufactured housing that violates a provision of the regulations under subsection (a) is liable to the United States for a civil penalty in an amount not ex- ceeding 1 percent of the manufacturer’s retail list price of the manufactured housing. (Pub. L. 110–140, title IV, § 413, Dec. 19, 2007, 121 Stat. 1601.) 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. PART B—HIGH-PERFORMANCE COMMERCIAL BUILDINGS § 17081. Commercial high-performance green buildings (a) Director of Commercial High-Performance Green Buildings Notwithstanding any other provision of law, the Secretary, acting through the Assistant Sec- retary of Energy Efficiency and Renewable En- ergy, shall appoint a Director of Commercial High-Performance Green Buildings to a position in the career-reserved Senior Executive service, with the principal responsibility to— (1) establish and manage the Office of Com- mercial High-Performance Green Buildings; and (2) carry out other duties as required under this part. (b) Qualifications The Commercial Director shall be an indi- vidual, who by reason of professional back- ground and experience, is specifically qualified to carry out the duties required under this part. (c) Duties The Commercial Director shall, with respect to development of high-performance green build- ings and zero-energy commercial buildings na- tionwide— (1) coordinate the activities of the Office of Commercial High-Performance Green Build- ings with the activities of the Office of Federal High-Performance Green Buildings; (2) develop the legal predicates and agree- ments for, negotiate, and establish one or more public-private partnerships with the Consortium, members of the Consortium, and other capable parties meeting the qualifica- tions of the Consortium, to further such devel- opment; (3) represent the public and the Department in negotiating and performing in accord with such public-private partnerships; (4) use appropriated funds in an effective manner to encourage the maximum invest- ment of private funds to achieve such develop- ment; (5) promote research and development of high-performance green buildings, consistent with section 17083 of this title; and (6) jointly establish with the Federal Direc- tor a national high-performance green build- ing clearinghouse in accordance with section 17083(1) of this title, which shall provide high- performance green building information and disseminate research results through— (A) outreach; (B) education; and (C) the provision of technical assistance. (d) Reporting The Commercial Director shall report directly to the Assistant Secretary for Energy Efficiency and Renewable Energy, or to other senior offi- cials in a way that facilitates the integrated program of this part for both energy efficiency and renewable energy and both technology de- velopment and technology deployment. (e) Coordination The Commercial Director shall ensure full co- ordination of high-performance green building Page 8960 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17082 information and activities, including activities under this part, within the Federal Government by working with the General Services Adminis- tration and all relevant agencies, including, at a minimum— (1) the Environmental Protection Agency; (2) the Office of the Federal Environmental Executive; (3) the Office of Federal Procurement Policy; (4) the Department of Energy, particularly the Federal Energy Management Program; (5) the Department of Health and Human Services; (6) the Department of Housing and Urban Development; (7) the Department of Defense; (8) the National Institute of Standards and Technology; (9) the Department of Transportation; (10) the Office of Science Technology and Policy; and (11) such nonprofit high-performance green building rating and analysis entities as the Commercial Director determines can offer support, expertise, and review services. (f) High-Performance Green Building Partner- ship Consortium (1) Recognition Not later than 90 days after December 19, 2007, the Commercial Director shall formally recognize one or more groups that qualify as a high-performance green building partnership consortium. (2) Representation to qualify To qualify under this section, any consor- tium shall include representation from— (A) the design professions, including na- tional associations of architects and of pro- fessional engineers; (B) the development, construction, finan- cial, and real estate industries; (C) building owners and operators from the public and private sectors; (D) academic and research organizations, including at least one national laboratory with extensive commercial building energy expertise; (E) building code agencies and organiza- tions, including a model energy code-setting organization; (F) independent high-performance green building associations or councils; (G) experts in indoor air quality and envi- ronmental factors; (H) experts in intelligent buildings and in- tegrated building information systems; (I) utility energy efficiency programs; (J) manufacturers and providers of equip- ment and techniques used in high-perform- ance green buildings; (K) public transportation industry experts; and (L) nongovernmental energy efficiency or- ganizations. (3) Funding The Secretary may make payments to the Consortium pursuant to the terms of a public- private partnership for such activities of the Consortium undertaken under such a partner- ship as described in this part directly to the Consortium or through one or more of its members. (g) Report Not later than 2 years after December 19, 2007, and biennially thereafter, the Commercial Di- rector, in consultation with the Consortium, shall submit to Congress a report that— (1) describes the status of the high-perform- ance green building initiatives under this part and other Federal programs affecting commer- cial high-performance green buildings in effect as of the date of the report, including— (A) the extent to which the programs are being carried out in accordance with this part; and (B) the status of funding requests and ap- propriations for those programs; and (2) summarizes and highlights development, at the State and local level, of high-perform- ance green building initiatives, including ex- ecutive orders, policies, or laws adopted pro- moting high-performance green building (in- cluding the status of implementation of those initiatives). (Pub. L. 110–140, title IV, § 421, Dec. 19, 2007, 121 Stat. 1602.) 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. Executive Documents CHANGE OF NAME Office of the Federal Environmental Executive rees- tablished as the Office of the Chief Sustainability Offi- cer by Ex. Ord. No. 13693, § 6, Mar. 19, 2015, 80 F.R. 15877, formerly set out in a note under section 4321 of this title. § 17082. Zero Net Energy Commercial Buildings Initiative (a) Definitions In this section: (1) Consortium The term ‘‘consortium’’ means a High-Per- formance Green Building Consortium selected by the Commercial Director. (2) Initiative The term ‘‘initiative’’ means the Zero-Net- Energy Commercial Buildings Initiative estab- lished under subsection (b)(1). (3) Zero-net-energy commercial building The term ‘‘zero-net-energy commercial building’’ means a high-performance commer- cial building that is designed, constructed, and operated— (A) to require a greatly reduced quantity of energy to operate; (B) to meet the balance of energy needs from sources of energy that do not produce greenhouse gases; (C) in a manner that will result in no net emissions of greenhouse gases; and