42 U.S.C. § 12709 : US Code - Section 12709: Energy efficiency standards
Search 42 U.S.C. § 12709 : US Code - Section 12709: Energy efficiency standards
(a) Establishment
(1) In general
The Secretary of Housing and Urban Development and the
Secretary of Agriculture shall, not later than September 30,
2006, jointly establish, by rule, energy efficiency standards for
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(A) new construction of public and 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.];
(B) new construction of single family housing (other than
manufactured homes) subject 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, where such standards are
determined to be cost effective by the Secretary of Housing and
Urban Development.
(2) Contents
Such standards shall meet or exceed the requirements of the
Council of American Building Officials Model Energy Code, 1992
(hereafter in this section referred to as "CABO Model Energy
Code, 1992"), or, in the case of multifamily high rises, the
requirements of the American Society of Heating, Refrigerating,
and Air-Conditioning Engineers Standard 90.1-1989 (hereafter in
this section referred to as "ASHRAE Standard 90.1-1989"), 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, and shall be cost-effective with respect to
construction 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, national, State,
and local housing agencies (including public housing agencies),
energy agencies, building code organizations and agencies, energy
efficiency organizations, utility organizations, low-income
housing organizations, and other parties designated by the
Secretaries.
(b) Model Energy Code
If the Secretaries have not, by September 30, 2006, established
energy efficiency standards under subsection (a) of this section,
all new construction of housing specified in such subsection shall
meet the requirements of CABO Model Energy Code, 1992, or, in the
case of multifamily high rises, the requirements of ASHRAE Standard
90.1-1989, 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.
(c) Revisions of Model Energy Code and the International Energy
Conservation Code
If the requirements of CABO Model Energy Code, 1992, or, in the
case of multifamily high rises, ASHRAE Standard 90.1-1989, or, 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, are revised at any time, the Secretaries shall,
not later than 1 year after such revision, amend the standards
established under subsection (a) of this section to meet or exceed
the requirements 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 economically
justified.
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