42 U.S.C. § 12709 — Energy efficiency standards

Page 8447 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12709 (3) Failure to report If a jurisdiction fails to submit a report sat- isfactory to the Secretary in a timely manner, assistance to the jurisdiction under sub- chapter II of this chapter or the other pro- grams referred to in section 12706 of this title may be— (A) suspended until a report satisfactory to the Secretary is submitted; or (B) withdrawn and reallocated if the Sec- retary finds, after notice and opportunity for a hearing, that the jurisdiction will not sub- mit a satisfactory report. (b) Performance review by Secretary (1) In general The Secretary shall ensure that activities of each jurisdiction required to submit a housing strategy under section 12705 of this title are reviewed not less frequently than annually. Such review shall include, insofar as prac- ticable, on-site visits by employees of the De- partment of Housing and Urban Development and shall include an assessment of the juris- diction’s— (A) management of funds made available under programs administered by the Sec- retary; (B) compliance with its housing strategy; (C) accuracy in the preparation of perform- ance reports under subsection (a); and (D) efforts to ensure that housing assisted under programs administered by the Sec- retary are in compliance with contractual agreements and the requirements of law. (2) Report by Secretary The Secretary shall report on the perform- ance review in writing. The Secretary shall give the jurisdiction not less than 30 days to review and comment on the report. After tak- ing into consideration the comments of the ju- risdiction, the Secretary may revise the report and shall make the jurisdiction’s comments and the report, with any revisions, readily available to the public within 30 days after re- ceipt of the jurisdiction’s comments. (c) Review by courts The adequacy of information submitted under section 12705(b)(4) of this title shall not be re- viewable by any Federal, State, or other court. Review of a housing strategy by any Federal, State, or other court shall be limited to deter- mining whether the process of development and the content of the strategy are in substantial compliance with the requirements of this Act. During the pendency of any action challenging the adequacy of a housing strategy or the action of the Secretary in approving a strategy, the court shall not have the authority to enjoin ac- tivities taken by the jurisdiction to implement an approved housing strategy. Any housing as- sisted during the pendency of such action shall not be subject to any order of the court result- ing from such action. (Pub. L. 101–625, title I, § 108, Nov. 28, 1990, 104 Stat. 4092.) Editorial Notes REFERENCES IN TEXT Section 12705(b)(15) of this title, referred to in subsec. (a)(1), was redesignated section 12705(b)(16) of this title by Pub. L. 102–550, title II, § 220(c)(1), Oct. 28, 1992, 106 Stat. 3762, and was subsequently redesignated section 12705(b)(18) of this title by Pub. L. 105–276, title V, § 583(4)(A), Oct. 21, 1998, 112 Stat. 2644. This Act, referred to in subsecs. (a)(2) and (c), is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gonzalez National Affordable Housing Act. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables. § 12709. Energy efficiency standards (a) Establishment (1) In general The Secretary of Housing and Urban Devel- opment and the Secretary of Agriculture shall, not later than September 30, 2006, joint- ly establish, by rule, energy efficiency stand- ards for— (A) new construction of public and assisted housing and single family and multifamily residential housing (other than manufac- tured homes) subject to mortgages insured under the National Housing Act [12 U.S.C. 1701 et seq.]; (B) new construction of single family hous- ing (other than manufactured homes) sub- ject to mortgages insured, guaranteed, or made by the Secretary of Agriculture under title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.]; and (C) rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title. (2) Contents Such standards shall meet or exceed the re- quirements of the 2006 International Energy Conservation Code (hereafter in this section referred to as ‘‘the 2006 IECC’’), or, in the case of multifamily high rises, the requirements of the American Society of Heating, Refrig- erating, and Air-Conditioning Engineers Standard 90.1–2004 (hereafter in this section re- ferred to as ‘‘ASHRAE Standard 90.1–2004’’), and shall be cost-effective with respect to con- struction and operating costs on a life-cycle cost basis. In developing such standards, the Secretaries shall consult with an advisory task force composed of homebuilders, na- tional, State, and local housing agencies (in- cluding public housing agencies), energy agen- cies, building code organizations and agencies, energy efficiency organizations, utility orga- nizations, low-income housing organizations, and other parties designated by the Secre- taries. (b) International Energy Conservation Code If the Secretaries have not, by September 30, 2006, established energy efficiency standards under subsection (a), all new construction and rehabilitation of housing specified in such sub- section shall meet the requirements of the 2006 IECC, or, in the case of multifamily high rises, the requirements of ASHRAE Standard 90.1–2004. Page 8448 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12709 (c) Revisions of the International Energy Con- servation Code If the requirements of the 2006 IECC, or, in the case of multifamily high rises, ASHRAE Stand- ard 90.1–2004, are revised at any time, the Secre- taries shall, not later than 1 year after such re- vision, amend the standards established under subsection (a) to meet or exceed the require- ments of such revised code or standard unless the Secretaries determine that compliance with such revised code or standard would not result in a significant increase in energy efficiency or would not be technologically feasible or eco- nomically justified. (d) Failure to amend the standards If the Secretary of Housing and Urban Devel- opment and the Secretary of Agriculture have not, within 1 year after the requirements of the 2006 IECC or the ASHRAE Standard 90.1–2004 are revised, amended the standards or made a deter- mination under subsection (c), all new construc- tion and rehabilitation of housing specified in subsection (a) shall meet the requirements of the revised code or standard if— (1) the Secretary of Housing and Urban De- velopment or the Secretary of Agriculture make a determination that the revised codes do not negatively affect the availability or af- fordability of new construction of assisted housing and single family and multifamily residential housing (other than manufactured homes) subject to mortgages insured under the National Housing Act (12 U.S.C. 1701 et seq.) or insured, guaranteed, or made by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), respectively; and (2) the Secretary of Energy has made a de- termination under section 6833 of this title that the revised code or standard would im- prove energy efficiency. (Pub. L. 101–625, title I, § 109, Nov. 28, 1990, 104 Stat. 4093; Pub. L. 102–486, title I, § 101(c)(1), Oct. 24, 1992, 106 Stat. 2786; Pub. L. 109–58, title I, § 153, Aug. 8, 2005, 119 Stat. 649; Pub. L. 110–140, title IV, § 481, Dec. 19, 2007, 121 Stat. 1648.) Editorial Notes REFERENCES IN TEXT The National Housing Act, referred to in subsecs. (a)(1)(A) and (d)(1), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables. The Housing Act of 1949, referred to in subsecs. (a)(1)(B) and (d)(1), is act July 15, 1949, ch. 338, 63 Stat. 413. Title V of the Act is classified generally to sub- chapter III (§ 1471 et seq.) of chapter 8A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables. AMENDMENTS 2007—Pub. L. 110–140, § 481(6), substituted ‘‘2004’’ for ‘‘1989’’ wherever appearing in subsecs. (a) to (c). Subsec. (a)(1)(C). Pub. L. 110–140, § 481(1)(A), struck out ‘‘, where such standards are determined to be cost effective by the Secretary of Housing and Urban Devel- opment’’ before period at end. Subsec. (a)(2). Pub. L. 110–140, § 481(1)(B), (5), in first sentence, substituted ‘‘2006 International Energy Con- servation Code’’ for ‘‘Council of American Building Of- ficials Model Energy Code, 1992’’ and ‘‘the 2006 IECC’’ for ‘‘CABO Model Energy Code, 1992’’ and struck out ‘‘, and, with respect to rehabilitation and new con- struction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title, the 2003 International Energy Conservation Code’’ before ‘‘, and shall be’’. Subsec. (b). Pub. L. 110–140, § 481(2), (5), in heading, substituted ‘‘International Energy Conservation’’ for ‘‘Model Energy’’ and, in text, inserted ‘‘and rehabilita- tion’’ after ‘‘all new construction’’, substituted ‘‘the 2006 IECC’’ for ‘‘CABO Model Energy Code, 1992’’, and struck out ‘‘, and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title, the 2003 International Energy Conservation Code’’ before period at end. Subsec. (c). Pub. L. 110–140, § 481(3), (5), in heading, struck out ‘‘Model Energy Code and’’ after ‘‘Revisions of’’ and, in text, substituted ‘‘the 2006 IECC’’ for ‘‘CABO Model Energy Code, 1992’’, and struck out ‘‘, or, with respect to rehabilitation and new construction of pub- lic and assisted housing funded by HOPE VI revitaliza- tion grants under section 1437v of this title, the 2003 International Energy Conservation Code’’ before ‘‘, are revised’’. Subsec. (d). Pub. L. 110–140, § 481(4), added subsec. (d). 2005—Subsec. (a)(1). Pub. L. 109–58, § 153(1)(A)(i), sub- stituted ‘‘September 30, 2006’’ for ‘‘1 year after October 24, 1992’’ in introductory provisions. Subsec. (a)(1)(C). Pub. L. 109–58, § 153(1)(A)(ii)–(iv), added subpar. (C). Subsec. (a)(2). Pub. L. 109–58, § 153(1)(B), inserted ‘‘, and, with respect to rehabilitation and new con- struction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title, the 2003 International Energy Conservation Code’’ after ‘‘90.1–1989’)’’. Subsec. (b). Pub. L. 109–58, § 153(2), substituted ‘‘by September 30, 2006’’ for ‘‘within 1 year after October 24, 1992’’ and inserted ‘‘, and, with respect to rehabilita- tion and new construction of public and assisted hous- ing funded by HOPE VI revitalization grants under sec- tion 1437v of this title, the 2003 International Energy Conservation Code’’ before period at end. Subsec. (c). Pub. L. 109–58, § 153(3), inserted ‘‘and the International Energy Conservation Code’’ after ‘‘Model Energy Code’’ in heading and ‘‘, or, with respect to re- habilitation and new construction of public and as- sisted housing funded by HOPE VI revitalization grants under section 1437v of this title, the 2003 International Energy Conservation Code’’ after ‘‘90.1–1989’’ in text. 1992—Pub. L. 102–486 amended section generally. Prior to amendment, section read as follows: ‘‘The Secretary of Housing and Urban Development shall, not later than one year after November 28, 1990, promulgate en- ergy efficiency standards for new construction of public and assisted housing and single-family and multifamily residential housing (other than manufactured homes) subject to mortgages under the National Housing Act. Such standards shall meet or exceed the provisions of the most recent edition of the Model Energy Code of the Council of American Building Officials and shall be cost-effective with respect to construction and oper- ating costs. In developing such standards the Secretary shall consult with an advisory task force composed of homebuilders, national, State, and local housing agen- cies (including public housing agencies), energy agen- cies and building code organizations and agencies, en- ergy efficiency organizations, utility organizations, low-income housing organizations, and other parties designated by the Secretary.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. Page 8449 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12712 L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 12710. Capacity study (a) In general The Secretary shall ensure that the Depart- ment of Housing and Urban Development has adequate capacity and resources, including staff and training programs, to carry out its mission and responsibilities to implement the provisions of this Act, including the ability of the Depart- ment to carry out the multifamily mortgage in- surance program, and the ability to respond to areas identified as ‘‘material weaknesses’’ by the Office of the Inspector General in financial audits or other reports. (b) Report Not later than 60 days after November 28, 1990, and annually thereafter, the Secretary shall pre- pare and submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives a study detailing the Department’s plan to maintain such capacity, together with any recommenda- tions for legislative and administrative action as the Secretary determines to be appropriate. (Pub. L. 101–625, title I, § 110, Nov. 28, 1990, 104 Stat. 4093; Pub. L. 102–550, title IV, § 407, Oct. 28, 1992, 106 Stat. 3778.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gon- zalez National Affordable Housing Act. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–550 struck out ‘‘, and’’ after ‘‘responsibilities’’ and substituted for period at end ‘‘and the ability to respond to areas identified as ‘material weaknesses’ by the Office of the Inspector General in financial audits or other reports.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Com- mittee on Banking and Financial Services of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Rep- resentatives, and jurisdiction over matters relating to securities and exchanges and insurance generally trans- ferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 12711. Protection of State and local authority Notwithstanding any other provision of this subchapter or subchapter II, the Secretary shall not establish any criteria for allocating or deny- ing funds made available under programs admin- istered by the Secretary based on the adoption, continuation, or discontinuation by a jurisdic- tion of any public policy, regulation, or law that is (1) adopted, continued, or discontinued in ac- cordance with the jurisdiction’s duly established authority, and (2) not in violation of any Fed- eral law. (Pub. L. 101–625, title I, § 111, Nov. 28, 1990, 104 Stat. 4093.) § 12712. 5-year energy efficiency plan (a) Establishment The Secretary of Housing and Urban Develop- ment shall establish a plan for activities to be undertaken and policies to be adopted by the Secretary within the 5-year period beginning upon the submission of the plan to the Congress under subsection (d) to provide for, encourage, and improve energy efficiency in newly con- structed, rehabilitated, and existing housing. In developing the plan, the Secretary shall con- sider, as appropriate, any energy assessments under section 944. (b) Initial plan The Secretary of Housing and Urban Develop- ment shall establish the first plan under this section not later than the expiration of the 1- year period beginning on November 28, 1990. (c) Updates The Secretary of Housing and Urban Develop- ment shall revise and update the plan under this section not less than once for each 2-year period, the first such 2-year period beginning on the date of the submission of the initial plan under subsection (b) to the Congress (as provided in subsection (d)). Each such update shall revise the plan for the 5-year period beginning upon the submission of the updated plan to the Con- gress. (d) Submission to Congress The Secretary of Housing and Urban Develop- ment shall submit the initial plan established under subsection (b) and any updated plans under subsection (c) to the Congress not later than the date by which such plans are to be es- tablished or updated under such paragraphs. (Pub. L. 101–625, title IX, § 945, Nov. 28, 1990, 104 Stat. 4416.) Editorial Notes REFERENCES IN TEXT Section 944, referred to in subsec. (a), is section 944 of Pub. L. 101–625, which is set out below. CODIFICATION Section was enacted as part of title IX of the Cran- ston-Gonzalez National Affordable Housing Act, and not as part of title I of such Act which comprises this subchapter. Statutory Notes and Related Subsidiaries BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR EN- ERGY AND WATER CONSERVATION IMPROVEMENTS AT MULTIFAMILY RESIDENTIAL UNITS Pub. L. 114–94, div. G, title LXXXI, § 81001, Dec. 4, 2015, 129 Stat. 1792, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary of Housing and Urban Development (in this section referred to as the ‘Secretary’) shall establish a demonstration program under which the Secretary may execute budget-neutral,