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§ 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—
(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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