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42 U.S.C. § 17081Commercial high-performance green buildings

submitted 19 years ago by Pub. L. 110-140 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 805 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Energy Secretary must appoint a Commercial Director to run an office that builds public-private partnerships promoting green commercial buildings. The Director coordinates with other federal agencies, recognizes an industry consortium meeting listed requirements, and can pay the consortium for partnership work. The Director must report to Congress every two years on the program's progress.

(a) Director of Commercial High-Performance Green Buildings. Despite any other law, the Secretary — acting through the Assistant Secretary of Energy Efficiency and Renewable Energy — must appoint a Director of Commercial High-Performance Green Buildings to a career-reserved Senior Executive Service position. This Director's main responsibility is to (1) establish and manage the Office of Commercial High-Performance Green Buildings, and (2) carry out the other duties this part requires. (b) Qualifications. The Commercial Director must be an individual who, by professional background and experience, is specifically qualified to carry out this part's duties. (c) Duties. For developing high-performance green buildings and zero-energy commercial buildings nationwide, the Commercial Director must: (1) coordinate the Office of Commercial High-Performance Green Buildings' activities with the Office of Federal High-Performance Green Buildings; (2) develop the legal groundwork for, negotiate, and establish one or more public-private partnerships with the Consortium, its members, or other qualified parties, to further that development; (3) represent the public and the Department in negotiating and carrying out those partnerships; (4) use appropriated funds effectively to encourage the maximum private investment toward that development; (5) promote research and development of high-performance green buildings, consistent with section 17083 of this title; and (6) jointly establish, with the Federal Director, a national high-performance green building clearinghouse under section 17083(1) of this title, providing information and sharing research results through outreach, education, and technical assistance. (d) Reporting. The Commercial Director reports directly to the Assistant Secretary for Energy Efficiency and Renewable Energy, or to other senior officials in a way that integrates this part's energy-efficiency and renewable-energy work, and its technology development and deployment work. (e) Coordination. The Commercial Director must ensure high-performance green building information and activities are fully coordinated across the federal government, working with the General Services Administration and all relevant agencies, at 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 and Technology Policy; and (11) nonprofit high-performance green building rating and analysis groups the Commercial Director thinks can offer support, expertise, and review. (f) High-Performance Green Building Partnership Consortium. (1) By March 18, 2008, the Commercial Director must formally recognize one or more groups that qualify as a high-performance green building partnership consortium. (2) To qualify, a consortium must include representation from: (A) the design professions, including national associations of architects and professional engineers; (B) the development, construction, financial, and real estate industries; (C) public- and private-sector building owners and operators; (D) academic and research organizations, including at least one national laboratory with deep commercial building energy expertise; (E) building code agencies and organizations, including a model energy code-setting organization; (F) independent high-performance green building associations or councils; (G) indoor air quality and environmental-factor experts; (H) intelligent-buildings and integrated building-information-system experts; (I) utility energy efficiency programs; (J) manufacturers and providers of high-performance green building equipment and techniques; (K) public transportation industry experts; and (L) nongovernmental energy efficiency organizations. (3) The Secretary may pay the Consortium — directly, or through one or more of its members — for its activities under a public-private partnership described in this part. (g) Report. By December 19, 2009, and every two years after that, the Commercial Director — working with the Consortium — must submit a report to Congress that (1) describes the status of high-performance green building initiatives under this part and other federal programs affecting commercial high-performance green buildings as of the report date, including how well they follow this part and the status of their funding requests and appropriations, and (2) summarizes and highlights state and local high-performance green building initiatives, including executive orders, policies, or laws promoting high-performance green building and how well they have been put into practice.
the actual law source: uscode.house.gov ↗public domain
(a) Director of Commercial High-Performance Green Buildings

Notwithstanding any other provision of law, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, 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 Commercial High-Performance Green Buildings; and

(2)

carry out other duties as required under this part.

(b) Qualifications

The Commercial Director shall be an individual, who by reason of professional background 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 buildings and zero-energy commercial buildings nationwide—

(1)

coordinate the activities of the Office of Commercial High-Performance Green Buildings with the activities of the Office of Federal High-Performance Green Buildings;

(2)

develop the legal predicates and agreements for, negotiate, and establish one or more public-private partnerships with the Consortium, members of the Consortium, and other capable parties meeting the qualifications of the Consortium, to further such development;

(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 investment of private funds to achieve such development;

(5)

promote research and development of high-performance green buildings, consistent with section 17083 of this title; and

(6)

jointly establish with the Federal Director a national high-performance green building 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 officials in a way that facilitates the integrated program of this part for both energy efficiency and renewable energy and both technology development and technology deployment.

(e) Coordination

The Commercial Director shall ensure full coordination of high-performance green building information and activities, including activities under this part, within the Federal Government by working with the General Services Administration 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 Partnership 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 consortium shall include representation from—

(A)

the design professions, including national associations of architects and of professional engineers;

(B)

the development, construction, financial, 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 organizations, including a model energy code-setting organization;

(F)

independent high-performance green building associations or councils;

(G)

experts in indoor air quality and environmental factors;

(H)

experts in intelligent buildings and integrated building information systems;

(I)

utility energy efficiency programs;

(J)

manufacturers and providers of equipment and techniques used in high-performance green buildings;

(K)

public transportation industry experts; and

(L)

nongovernmental energy efficiency organizations.

(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 partnership 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 Director, in consultation with the Consortium, shall submit to Congress a report that—

(1)

describes the status of the high-performance green building initiatives under this part and other Federal programs affecting commercial 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 appropriations for those programs; and

(2)

summarizes and highlights development, at the State and local level, of high-performance green building initiatives, including executive orders, policies, or laws adopted promoting high-performance green building (including the status of implementation of those initiatives).

Source credit: (Pub. L. 110–140, title IV, § 421, Dec. 19, 2007, 121 Stat. 1602.)

history & why it existsrecord from the source credit
  • 2007Enacted · Pub. L. 110-140 · 121 Stat. 1602

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-140 on 2007-12-19.

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