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42 U.S.C. § 17121Demonstration project

submitted 19 years ago by Pub. L. 110-140 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,033 words · no verdicts yet

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This law sets up green-building demonstration projects for federal buildings and universities. Each year from 2009 to 2014, one federal building must showcase top-rated green features. At least four universities in different climates also run projects, funded by $10 million each.

(a) In general: The Federal Director and the Commercial Director must write guidelines for a demonstration project program. The purpose is to advance the research goals of both the Office of Commercial High-Performance Green Buildings and the Office of Federal High-Performance Green Buildings. (b) Projects: Following those guidelines, the Directors must carry out four kinds of projects. First, for each fiscal year from 2009 through 2014, one demonstration project per year showcasing green features in a Federal building chosen by the Federal Director. Each of these projects must include instrumentation, monitoring, and data collection so the impact of the green features on energy use and operating costs can be studied and evaluated, and the building must achieve the highest rating offered by the green building certification system chosen under section 17092(h). Second, at least four demonstration projects at four universities, chosen competitively by the Commercial Director. Each university must have the right research resources and relevant projects to meet the demonstration goals, and must be able to serve as a model for green-building research and education by achieving the top rating under section 17092(h); find the best ways to use green building and landscape technology to engage and teach undergraduate and graduate students; run an effective green-building education program for students and building occupants; show how well various high-performance technologies work, including their effect on energy use and costs, in each of four different U.S. climate regions; and explore both measurable and immeasurable benefits to public health and to employee and student performance. Third, demonstration projects that test replicable ways to achieve high performance in the actual, everyday operation of different kinds of commercial buildings in different climates. Fourth, outreach activities that spread information about, and encourage wide adoption of, technologies, practices, and policies that lead to zero-net-energy commercial buildings, or to low energy use with effective energy monitoring. (c) Criteria: A Federal facility chosen for a demonstration project must be a good model for testing high-performance technologies; analyzing materials, components, systems, and emergency operations, including their effect on occupant health; applying life-cycle costing and life-cycle assessment to building materials and systems; and choosing a location and design that make it easy to get to by walking, biking, or mass transit. The facility must also be flexible enough, technologically and organizationally, to support this kind of project. The four participating universities must be chosen by the Commercial Director, after carefully reviewing all applications, based on their track record of public-private research partnerships, their demonstrated ability to build or renovate buildings that meet high indoor environmental quality standards, their organizational and technological flexibility, and — for at least one of the four — their capacity to share lessons with nearby or sister universities, to have institution-wide green building guidelines for every campus project, and to be recognized nationally as a leader in sustainability education. The four universities must also be spread across four different U.S. climate regions: hot and dry, hot and humid, cold, and temperate (including places with cold winters and humid summers). (d) Applications: To receive a grant, an applicant must submit an application the way the relevant Director requires. The application must include a written promise that every laborer and mechanic working for a contractor or subcontractor on any construction, alteration, or repair paid for even partly by the grant will be paid no less than the prevailing local wage for similar work, as determined by the Secretary of Labor under specific wage-standard laws. The Secretary of Labor keeps the same authority over these labor standards that a 1950 government reorganization plan and a related wage law give. (e) Report: Within one year of December 19, 2007, and every year after that through September 30, 2014, the Federal Director and Commercial Director must report to the Secretary on the status of the demonstration projects, and each participating university must separately report on the status of its own project. (f) Authorization of appropriations: Congress authorized $10,000,000 for fiscal years 2008 through 2012 to carry out the Federal building demonstration projects in subsection (b)(1), and a separate $10,000,000 for the same years to carry out the university demonstration projects in subsection (b)(2). Both amounts remain available until spent.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Federal Director and the Commercial Director shall establish guidelines to implement a demonstration project to contribute to the research goals of the Office of Commercial High-Performance Green Buildings and the Office of Federal High-Performance Green Buildings.

(b) Projects

In accordance with guidelines established by the Federal Director and the Commercial Director under subsection (a) and the duties of the Federal Director and the Commercial Director described in this title,1 the Federal Director or the Commercial Director shall carry out—

(1)

for each of fiscal years 2009 through 2014, 1 demonstration project per year of green features in a Federal building selected by the Federal Director in accordance with relevant agencies and described in subsection (c)(1), that—

(A)

provides for instrumentation, monitoring, and data collection related to the green features, for study of the impact of the features on overall energy use and operational costs, and for the evaluation of the information obtained through the conduct of projects and activities under this title; 1 and

(B)

achieves the highest rating offered by the high performance green building system identified pursuant to section 17092(h) of this title;

(2)

no fewer than 4 demonstration projects at 4 universities, that, as competitively selected by the Commercial Director in accordance with subsection (c)(2), have—

(A)

appropriate research resources and relevant projects to meet the goals of the demonstration project established by the Office of Commercial High-Performance Green Buildings; and

(B)

the ability—

(i)

to serve as a model for high-performance green building initiatives, including research and education 2 by achieving the highest rating offered by the high performance green building system identified pursuant to section 17092(h) of this title;

(ii)

to identify the most effective ways to use high-performance green building and landscape technologies to engage and educate undergraduate and graduate students;

(iii)

to effectively implement a high-performance green building education program for students and occupants;

(iv)

to demonstrate the effectiveness of various high-performance technologies, including their impacts on energy use and operational costs, in each of the 4 climatic regions of the United States described in subsection (c)(2)(B); and

(v)

to explore quantifiable and nonquantifiable beneficial impacts on public health and employee and student performance;

(3)

demonstration projects to evaluate replicable approaches of achieving high performance in actual building operation in various types of commercial buildings in various climates; and

(4)

deployment activities to disseminate information on and encourage widespread adoption of technologies, practices, and policies to achieve zero-net-energy commercial buildings or low energy use and effective monitoring of energy use in commercial buildings.

(c) Criteria
(1) Federal facilities

With respect to the existing or proposed Federal facility at which a demonstration project under this section is conducted, the Federal facility shall—

(A)

be an appropriate model for a project relating to—

(i)

the effectiveness of high-performance technologies;

(ii)

analysis of materials, components, systems, and emergency operations in the building, and the impact of those materials, components, and systems, including the impact on the health of building occupants;

(iii)

life-cycle costing and life-cycle assessment of building materials and systems; and

(iv)

location and design that promote access to the Federal facility through walking, biking, and mass transit; and

(B)

possess sufficient technological and organizational adaptability.

(2) Universities

With respect to the 4 universities at which a demonstration project under this section is conducted—

(A)

the universities should be selected, after careful review of all applications received containing the required information, as determined by the Commercial Director, based on—

(i)

successful and established public-private research and development partnerships;

(ii)

demonstrated capabilities to construct or renovate buildings that meet high indoor environmental quality standards;

(iii)

organizational flexibility;

(iv)

technological adaptability;

(v)

the demonstrated capacity of at least 1 university to replicate lessons learned among nearby or sister universities, preferably by participation in groups or consortia that promote sustainability;

(vi)

the demonstrated capacity of at least 1 university to have officially-adopted, institution-wide “high-performance green building” guidelines for all campus building projects; and

(vii)

the demonstrated capacity of at least 1 university to have been recognized by similar institutions as a national leader in sustainability education and curriculum for students of the university; and

(B)

each university shall be located in a different climatic region of the United States, each of which regions shall have, as determined by the Office of Commercial High-Performance Green Buildings—

(i)

a hot, dry climate;

(ii)

a hot, humid climate;

(iii)

a cold climate; or

(iv)

a temperate climate (including a climate with cold winters and humid summers).

(d) Applications

To receive a grant under subsection (b), an eligible applicant shall submit to the Federal Director or the Commercial Director an application at such time, in such manner, and containing such information as the Director may require, including a written assurance that all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair that is financed, in whole or in part, by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40. The Secretary of Labor shall, with respect to the labor standards described in this subsection, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40.

(e) Report

Not later than 1 year after December 19, 2007, and annually thereafter through September 30, 2014—

(1)

the Federal Director and the Commercial Director shall submit to the Secretary a report that describes the status of the demonstration projects; and

(2)

each University at which a demonstration project under this section is conducted shall submit to the Secretary a report that describes the status of the demonstration projects under this section.

(f) Authorization of appropriations

There is authorized to be appropriated to carry out the demonstration project described in section 3 (b)(1), $10,000,000 for the period of fiscal years 2008 through 2012, and to carry out the demonstration project described in section 3 (b)(2), $10,000,000 for the period of fiscal years 2008 through 2012, to remain available until expended.

Source credit: (Pub. L. 110–140, title IV, § 491, Dec. 19, 2007, 121 Stat. 1649.)

history & why it existsrecord from the source credit
  • 2007Enacted · Pub. L. 110-140 · 121 Stat. 1649

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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