Section 421 of the Energy Independence and Security Act of 2007

§ 17071

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Page 7452

acted this chapter and enacted and amended numerous
other sections and notes in the Code. For complete
classification of this Act to the Code, see Short Title
note set out under section 17001 of this title and Tables.
Title III, referred to in par. (5)(A)(ii)(III), is title III
of Pub. L. 110–140, Dec. 19, 2007, 121 Stat. 1549, which enacted section 3313 of Title 40, Public Buildings, Property, and Works, amended sections 6291 to 6295, 6297,
6302, 6304, 6311, 6313 to 6316, 15821, and 16191 of this title
and sections 3307, 3310, and 3314 to 3316 of Title 40, and
enacted provisions set out as notes under sections 6291,
6294, 6295, and 6313 of this title. For complete classification of title III to the Code, see Tables.
Sections 431 through 435, referred to in pars. (6)(C)
and 9(A), are sections 431 to 435 of Pub. L. 110–140. Sections 431 to 434 amended sections 6832, 6834, and 8253 of
this title and enacted provisions set out as a note under
section 6834 of this title. Section 435 enacted section
17091 of this title.
Title V, referred to in par. (6)(C), is title V of Pub. L.
110–140, Dec. 19, 2007, 121 Stat. 1655, which enacted subchapter IV (§ 17131 et seq.) of this chapter, part D (§ 8279)
of subchapter III of chapter 91 of this title, and sections
1824, 2162a, and 2169 of Title 2, The Congress, amended
sections 6325, 6834, 8256, 8258, 8259b, 8287, and 8287c of
this title, section 2162 of Title 2, section 2913 of Title 10,
Armed Forces, section 3203 of Title 15, Commerce and
Trade, and section 2621 of Title 16, Conservation, and
enacted provisions set out as a note under section 8259b
of this title. For complete classification of title V to
the Code, see Tables.
Sections 511 through 525, referred to in par. (6)(C), are
sections 511 to 525 of Pub. L. 110–140, which enacted part
A (§ 17131) of subchapter IV of this chapter and section
17141 of this title, amended sections 6834, 8256, 8258,
8259b, 8287, and 8287c of this title and section 2913 of
Title 10, Armed Forces, and enacted provisions set out
as a note under section 8259b of this title.

and on total life-cycle construction and operating costs.
(2) Considerations
The energy conservation standards established under this section may—
(A) take into consideration the design and
factory construction techniques of manufactured homes;
(B) be based on the climate zones established by the Department of Housing and
Urban Development rather than the climate
zones under the International Energy Conservation 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 established 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 International 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 exceeding 1 percent of the manufacturer’s retail
list price of the manufactured housing.

PART A—RESIDENTIAL BUILDING EFFICIENCY

PART B—HIGH-PERFORMANCE COMMERCIAL
BUILDINGS

§ 17071. Energy Code improvements applicable to
manufactured housing
(a) Establishment of standards
(1) In general
Not later than 4 years after December 19,
2007, the Secretary shall by regulation establish standards for energy efficiency in manufactured 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 established under this section shall be based on the
most recent version of the International Energy Conservation Code (including supplements), except in cases in which the Secretary
finds that the code 1 is not cost-effective, or a
more stringent standard would be more costeffective, based on the impact of the code 1 on
the purchase price of manufactured housing
1 So

in original. Probably should be ‘‘Code’’.

(Pub. L. 110–140, title IV, § 413, Dec. 19, 2007, 121
Stat. 1601.)

§ 17081. Commercial
buildings

high-performance

green

(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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 highperformance 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—

§ 17082

(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 publicprivate 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).
(Pub. L. 110–140, title IV, § 421, Dec. 19, 2007, 121
Stat. 1602.)
§ 17082. Zero Net Energy Commercial Buildings
Initiative
(a) Definitions
In this section:
(1) Consortium
The term ‘‘consortium’’ means a High-Performance Green Building Consortium selected
by the Commercial Director.