§ 6834. Federal building energy efficiency standards

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   Energy Conservation Standards for New Buildings Act of 1976

   Pub. L. 94–385 title III § 305 · 90 Stat. 1125

   Enacted · 42 U.S.C. § 6834

   Pub. L. 94–385, title III, § 305, as added Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2784

   Source evidence

   Code source credit
   Pub. L. 94–385, title III, § 305, as added Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2784

   Enacted provision · exact public law section
   Sec. 305. application of energy conservation performance standards for new buildings (a) Subject to the provisions of subsection (c) and after 42 USC 6834. the effective date of final performance standards for new commercial and residential buildings pursuant to section 304(a), no Federal financial assistance shall be made available or approved with respect to the construction of any new commercial or residential building in any area of any State, unless— (1) such State has certified, in accordance with regulations Certification. of the Secretary, that— (A) the unit of general purpose local government which has jurisdiction over such area has adopted and is implementing a building code, or other construction control mechanism, which meets or exceeds the requirements of such final performance standards, or (B) such State has adopted and is implementing, on a statewide basis or with respect to such area, a building code or other laws or regulations which provide for the effective application of such final performance standards; (2) such new building has been determined, pursuant to any applicable approval process described in subsection (b), to be in compliance with such final performance standards; or (3) such new building is to be located in any area in which the construction of new buildings is not of a magnitude to warrant the costs of implementing final performance standards, as determined by the Secretary after receiving a request for such a determination (and material justifying such request) from the State in which the area is located; except that the Secretary may rescind such a determination whenever the Secretary finds that the amount of construction of new buildings has increased in such urea to an extent that such costs are warranted. The Secretary shall review and conduct such investigations as are Investigations. deemed necessary to determine the accuracy of such certifications and shall provide for the periodic updating thereof. The Secretary may Notice and hearing. reject, disapprove, or require the withdrawal of any such certification after notice to such State and an opportunity for a hearing. (b) (1) The provisions of this subsection shall not apply to any area subject to the jurisdiction of a unit of general purpose local government or of a State described in subsection (a)(1), and the provisions of this subsection and the approval process applicable under this subsection shall cease to apply to any area at such time as the Secretary receives a certification under subsection (a)(1) with respect to such area. (2) The Secretary shall have overall responsibility for the effective application of the applicable approval process described in this subsection in any area not exempted therefrom pursuant to paragraph (1). (3) As used in tills section, the term “approval process” means a mechanism and procedure for the consideration and approval of an application to construct a new building and which involves (A) determining whether such proposed building would be in compliance with the final performance standards for new buildings promulgated under section 304, and (B) administration by the level and agency of government specified by the Secretary pursuant to paragraph (4). (4) The level and agency of government which shall administer the approval process described in this subsection is— (A) first, the agency which grants building permits on behalf of the unit of general purpose local government which has jurisdiction over the area in which new construction is proposed, if such agency is willing and able to administer such approval process; (B) second, if the agency described in subparagraph (A) is not willing and able to administer such approval process, any other agency of the unit of general purpose local government described in such paragraph which has authority to administer such approval process, if such agency is willing and able to administer such approval process; and (C) third, if no agency described in subparagraphs (A) and (B) is willing and able to administer such approval process, any agency of the State in which new construction is proposed which has authority to administer such approval process, if such agency is willing and able to administer such approval process. (c) The President shall transmit the final performance standards for new buildings to both Houses of Congress upon the date of promulgation of such standards pursuant to section 304(a), for review by the Congress under this subsection to determine whether the sanction set forth in the introductory clause to subsection (a) is necessary and appropriate to assure that such standards are in fact applied to all new buildings, Such sanction shall be deemed approved as necessary for such purpose (and shall thereafter be enforced, directly and indirectly, by each applicable person and governmental entity) if the use of such sanction is approved by a resolution of each House of Congress in accordance with the procedures specified in section 552 of the Energy 42 USC 6422. Policy and Conservation Act; except that for purposes of this section the 60 calendar days described in section 552(b) and (c) (2) of such Act shall be lengthened to 90 calendar days.

2. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 109(1) · 119 Stat. 594

   Substituted · 42 U.S.C. § 6834(a)(2)(A)

   Pub. L. 109–58, § 109(1), substituted “the 2004 International Energy Conservation Code (in the case of residential buildings) or ASHRAE Standard 90.1–2004” for “CABO Model Energy Code, 1992 (in the case of residential buildings) or ASHRAE Standard 90.1–1989”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 109–58, § 109(1), substituted “the 2004 International Energy Conservation Code (in the case of residential buildings) or ASHRAE Standard 90.1–2004” for “CABO Model Energy Code, 1992 (in the case of residential buildings) or ASHRAE Standard 90.1–1989”.

   Enacted provision · exact public law section
   (1) in paragraph (2)(A), by striking “CABO Model Energy Code, 1992 (in the case of residential buildings) or ASHRAE Standard 90.1–1989” and inserting “the 2004 International Energy Conservation Code (in the case of residential buildings) or ASHRAE Standard 90.1–2004”; and

3. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 109(2) · 119 Stat. 594

   Added · 42 U.S.C. § 6834(a)(3)

   Pub. L. 109–58, § 109(2), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 109–58, § 109(2), added par. (3).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(3) (A) Deadline. Regulations. Not later than 1 year after the date of enactment of this paragraph, the Secretary shall establish, by rule, revised Federal building energy efficiency performance standards that require that— “(i) if life-cycle cost-effective for new Federal buildings— “(I) the buildings be designed to achieve energy consumption levels that are at least 30 percent below the levels established in the version of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, that is in effect as of the date of enactment of this paragraph; and “(II) sustainable design principles are applied to the siting, design, and construction of all new and replacement buildings; and “(ii) if water is used to achieve energy efficiency, water conservation technologies shall be applied to the extent that the technologies are life-cycle cost-effective. “(B) Deadline. Not later than 1 year after the date of approval of each subsequent revision of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, the Secretary shall determine, based on the cost-effectiveness of the requirements under the amendment, whether the revised standards established under this paragraph should be updated to reflect the amendment. “(C) In the budget request of the Federal agency for each fiscal year and each report submitted by the Federal agency under section 548(a) of the National Energy Conservation Policy Act (42 U.S.C. 8258(a)), the head of each Federal agency shall include— “(i) a list of all new Federal buildings owned, operated, or controlled by the Federal agency; and “(ii) a statement specifying whether the Federal buildings meet or exceed the revised standards established under this paragraph.” .

4. 2007

   Energy Independence and Security Act of 2007

   Pub. L. 110–140 § 523 · 121 Stat. 1492

   Added · 42 U.S.C. § 6834(a)(3)(A)(iii)

   Pub. L. 110–140, § 523, added cl. (iii)

   Source evidence

   Code amendment note
   Subsec. (a)(3)(A)(iii). Pub. L. 110–140, § 523, added cl. (iii).

   Enacted provision · exact public law section
   SEC. 523. STANDARD RELATING TO SOLAR HOT WATER HEATERS.   Section 305(a)(3)(A) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(A)) is amended— (1) in clause (i)(II), by striking “and” at the end; (2) in clause (ii), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(iii) if lifecycle cost-effective, as compared to other reasonably available technologies, not less than 30 percent of the hot water demand for each new Federal building or Federal building undergoing a major renovation be met through the installation and use of solar hot water heaters.” .

   Effective date note
   Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

5. 2007

   Energy Independence and Security Act of 2007

   Pub. L. 110–140 § 433(a) · 121 Stat. 1492

   Added · 42 U.S.C. § 6834(a)(3)(D)

   Pub. L. 110–140, § 433(a), added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (a)(3)(D). Pub. L. 110–140, § 433(a), added subpar. (D).

   Enacted provision · exact public law section
   (a) Standards.— Section 305(a)(3) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)) is amended by adding at the end the following new subparagraph: “(D) Deadline. Regulations. Not later than 1 year after the date of enactment of the Energy Independence and Security Act of 2007, the Secretary shall establish, by rule, revised Federal building energy efficiency performance standards that require that: “(i) For new Federal buildings and Federal buildings undergoing major renovations, with respect to which the Administrator of General Services is required to transmit a prospectus to Congress under section 3307 of title 40, United States Code, in the case of public buildings (as defined in section 3301 of title 40, United States Code), or of at least $2,500,000 in costs adjusted annually for inflation for other buildings: “(I) The buildings shall be designed so that the fossil fuel-generated energy consumption of the buildings is reduced, as compared with such energy consumption by a similar building in fiscal year 2003 (as measured by Commercial Buildings Energy Consumption Survey or Residential Energy Consumption Survey data from the Energy Information Agency), by the percentage specified in the following table:      “Fiscal YearPercentage Reduction      201055      201565      202080      202590      2030100. “(II) Upon petition by an agency subject to this subparagraph, the Secretary may adjust the applicable numeric requirement under subclause (I) downward with respect to a specific building, if the head of the agency designing the building certifies in writing that meeting such requirement would be technically impracticable in light of the agency’s specified functional needs for that building and the Secretary concurs with the agency’s conclusion. This subclause shall not apply to the General Services Administration. “(III) Applicability. Deadline. Sustainable design principles shall be applied to the siting, design, and construction of such buildings. Not later than 90 days after the date of enactment of the Energy Independence and Security Act of 2007, the Secretary, after reviewing the findings of the Federal Director under section 436(h) of that Act, in consultation with the Administrator of General Services, and in consultation with the Secretary of Defense for considerations relating to those facilities under the custody and control of the Department of Defense, shall identify a certification system and level for green buildings that the Secretary determines to be the most likely to encourage a comprehensive and environmentally-sound approach to certification of green buildings. The identification of the certification system and level shall be based on a review of the Federal Director’s findings under section 436(h) of the Energy Independence and Security Act of 2007 and the criteria specified in clause (iii), shall identify the highest level the Secretary determines is appropriate above the minimum level required for certification under the system selected, and shall achieve results at least comparable to the system used by and highest level referenced by the General Services Administration as of the date of enactment of the Energy Independence and Security Act of 2007. Within Deadline. 90 days of the completion of each study required by clause (iv), the Secretary, in consultation with the Administrator of General Services, and in consultation with the Secretary of Defense for considerations relating to those facilities under the custody and control of the Department of Defense, shall review and update the certification system and level, taking into account the conclusions of such study. “(ii) In establishing criteria for identifying major renovations that are subject to the requirements of this subparagraph, the Secretary shall take into account the scope, degree, and types of renovations that are likely to provide significant opportunities for substantial improvements in energy efficiency. “(iii) In identifying the green building certification system and level, the Secretary shall take into consideration— “(I) the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph; “(II) the ability of the applicable certification organization to collect and reflect public comment; “(III) the ability of the standard to be developed and revised through a consensus-based process; “(IV) an evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting— “(aa) efficient and sustainable use of water, energy, and other natural resources; “(bb) use of renewable energy sources; “(cc) improved indoor environmental quality through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls; and “(dd) such other criteria as the Secretary determines to be appropriate; and “(V) national recognition within the building industry. “(iv) Study. At least once every 5 years, and in accordance with section 436 of the Energy Independence and Security Act of 2007, the Administrator of General Services shall conduct a study to evaluate and compare available third-party green building certification systems and levels, taking into account the criteria listed in clause (iii). “(v) The Secretary may by rule allow Federal agencies to develop internal certification processes, using certified professionals, in lieu of certification by the certification entity identified under clause (i)(III). Guidelines. The Secretary shall include in any such rule guidelines to ensure that the certification process results in buildings meeting the applicable certification system and level identified under clause (i)(III). An agency employing an internal certification process must continue to obtain external certification by the certification entity identified under clause (i)(III) for at least 5 percent of the total number of buildings certified annually by the agency. “(vi) With respect to privatized military housing, the Secretary of Defense, after consultation with the Secretary may, through rulemaking, develop alternative criteria to those established by subclauses (I) and (III) of clause (i) that achieve an equivalent result in terms of energy savings, sustainable design, and green building performance. “(vii) In addition to any use of water conservation technologies otherwise required by this section, water conservation technologies shall be applied to the extent that the technologies are life-cycle cost-effective.” .

   Effective date note
   Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

5 of 5 references resolved to an enrolled provision