
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12709]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 130--NATIONAL AFFORDABLE HOUSING
 
              SUBCHAPTER I--GENERAL PROVISIONS AND POLICIES
 
Sec. 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 1 year after October 24, 1992, 
    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.]; and
            (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.].

                            (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 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, within 1 year after October 24, 1992, 
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.

(c) Revisions of Model Energy Code

    If the requirements of CABO Model Energy Code, 1992, or, in the case 
of multifamily high rises, ASHRAE Standard 90.1-1989, 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.

(Pub. L. 101-625, title I, Sec. 109, Nov. 28, 1990, 104 Stat. 4093; Pub. 
L. 102-486, title I, Sec. 101(c)(1), Oct. 24, 1992, 106 Stat. 2786.)

                       References in Text

    The National Housing Act, referred to in subsec. (a)(1)(A), is act 
June 27, 1934, ch. 847, 48 Stat. 1246, as amended. which is classified 
principally to chapter 13 (Sec. 1701 et seq.) of Title 12, Banks and 
Banking. For complete classification of this Act to the Code, see 
section 1701 of Title 12 and Tables.
    The Housing Act of 1949, referred to in subsec. (a)(1)(B), is act 
July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the Act is 
classified generally to subchapter III (Sec. 1471 et seq.) of chapter 8A 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 1441 of this title and Tables.


                               Amendments

    1992--Pub. L. 102-486 amended section generally. Prior to amendment, 
section read as follows: ``The Secretary of Housing and Urban 
Development shall, not later than one year after November 28, 1990, 
promulgate energy efficiency standards for new construction of public 
and assisted housing and single-family and multifamily residential 
housing (other than manufactured homes) subject to mortgages under the 
National Housing Act. Such standards shall meet or exceed the provisions 
of the most recent edition of the Model Energy Code of the Council of 
American Building Officials and shall be cost-effective with respect to 
construction and operating costs. In developing such standards the 
Secretary shall consult with an advisory task force composed of 
homebuilders, national, State, and local housing agencies (including 
public housing agencies), energy agencies and building code 
organizations and agencies, energy efficiency organizations, utility 
organizations, low-income housing organizations, and other parties 
designated by the Secretary.''

                  Section Referred to in Other Sections

    This section is referred to in sections 8013, 12745 of this title; 
title 12 section 1701q; title 38 section 3704.
