requirements, criteria and evaluation methods to be used, and any necessary commentary. (10) The term "residential building" means any structure which is constructed and developed for residential occupancy. (11) The term "Secretary" means the Secretary of Housing and Urban Development.1 (12) The term "State" includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory and possession of the United States. (13) The term "unit of general purpose local government" means any city, county, town, municipality, or other political subdivision of a State (or any combination thereof), which has a building code or similar authority over a particular geographic area. PROMULGATION OF ENERGY CONSERVATION PERFORMANCE STANDARDS FOR NEW BUILDINGS SEC. 304. (a)(1) As soon as practicable, but in no event later than 3 years after the date of enactment of this title, the Secretary, only after consultation with the Administrator, the Secretary of Commerce utilizing the services of the Director of the National Bureau of Standards, and the Administrator of the General Services Administration, shall develop and publish in the Federal Register for public comment proposed voluntary performance standards for new commercial buildings. Interim voluntary performance standards for new commercial buildings shall be promulgated by August 1, 1981, and, for at least the 12-month period beginning on such date, the Secretary of Energy shall conduct a demonstration project utilizing such standards in at least two geographical areas in different climatic regions of the country. Prior to April 1, 1984, and not later than 180 days after completing such demonstration project, such Secretary shall transmit to both Houses of the Congress a report containing an analysis of the findings and conclusions made as a result of carrying out such project, including at least an analysis of the effect such standards would have on the design, construction costs, and the estimated total energy savings (including the types of energy) to be realized from utilizing such energy standards in commercial buildings. Final voluntary performance standards shall be promulgated by April 1, 1983. (2) As soon as practicable, but in no event later than 3 years after the date of enactment of this title, the Secretary, only after consultation with the Administrator and the Secretary of Commerce utilizing the services of the Director of the National Bureau of Standards, shall develop and publish in the Federal Register for public comment proposed voluntary performance standards for new residential buildings. Interim voluntary performance standards for 1 According to sec. 303(11) of this Act, "Secretary" means the Secretary of Housing and Urban Development. However, the Department of Energy Organization Act, Public Law 95-91, 91 Stat. 565, 42 U.S.C. 7151, approved August 4, 1977, transferred the functions vested by this Act in the Federal Energy Administrator to the Secretary of Energy. Public Law 95-91 also transferred certain responsibilities of the Secretary of Housing and Urban Development to the Secretary of Energy, and amended section 310 to add the HUD Secretary to the list of persons to be consulted regarding review and updating of the performance standards. Accordingly, "Secretary" as used in this subsection, is apparently intended to refer to the Secretary of Energy. new residential buildings shall be promulgated by August 1, 1981, and, for at least the 12-month period beginning on such date, the Secretary of Energy shall conduct a demonstration project utilizing such standards in at least two geographical areas in different climatic regions of the country. Prior to April 1, 1984, and not later than 180 days after completing such demonstration project, such Secretary shall transmit to both Houses of the Congress a report containing an analysis of the findings and conclusions made as a result of carrying out such project, including at least (A) an analysis of the impact of such standards on builders (especially on small builders) and on the cost of constructing such buildings and the impact of such cost on the ability on low- and moderate-income persons to purchase or rent such buildings, and (B) an analysis of the estimated total energy savings (including the types of energy) to be realized from utilizing such standards in residential buildings. Final voluntary performance standards for such buildings shall be promulgated by April 1, 1983. (3) In the development of voluntary performance standards, the Secretary shall utilize the services of the National Institute of Building Sciences, under appropriate contractual arrangements. (4) Except in the case of Federal buildings as required under section 306, voluntary performance standards under this subsection shall be developed solely as guidelines for the purpose of providing technical assistance for the design and construction of energy efficient buildings. (b) All voluntary performance standards promulgated pursuant to subsection (a) shall take account of, and make such allowance or particular exception as the Secretary determines appropriate for, climatic variations among the different regions of the country. (c) The Secretary, in consultation with the Administrator, the Secretary of Housing and Urban Development, the Secretary of Commerce, the Administrator of the General Services Administration, and the heads of other appropriate Federal agencies, and the National Institute of Building Sciences, shall periodically review and provide for the updating of voluntary performance standards promulgated pursuant to subsection (a). (d) The Secretary, if he finds that the dates otherwise specified in this section for publication of proposed, or for promulgation of final, voluntary performance, standards under subsection (a)(1) or (a)(2) cannot practicably be met, may extend the time for such publication or promulgation, but no such extension shall result in a delay of more than 6 months in promulgation. APPLICATION OF ENERGY CONSERVATION PERFORMANCE STANDARDS FOR NEW BUILDINGS SEC. 305. [Repealed.] FEDERAL BUILDINGS SEC. 306. The head of each Federal agency responsible for the construction of any Federal building shall adopt such procedures as may be necessary to assure that any such construction meets or exceeds the applicable interim performance standards promulgated pursuant to section 304(a). Not later than April 1, 1984, the head of each such agency shall adopt such procedures as may be necessary to assure that construction of any Federal building meets or exceeds the applicable final performance standards. GRANTS SEC. 307. [Repealed.] TECHNICAL ASSISTANCE SEC. 308. The Secretary (directly, by contract, or otherwise) may provide technical assistance to States and units of general purpose local government to assist them in furthering the design and construction of energy efficient buildings. CONSULTATION WITH INTERESTED AND AFFECTED GROUPS SEC. 309. In developing and promulgating voluntary performance standards and carrying out other functions under this title, the Secretary shall consult with appropriate representatives of the building community (including representatives of labor and the construction industry, engineers, and architects), with appropriate public officials and organizations of public officials, and with representatives of consumer groups. For purposes of such consultation, the Secretary shall, to the extent practicable, make use of the National Institute of Building Sciences. The Secretary may also establish one or more advisory committees as may be appropriate. Any advisory committee or committees established pursuant to this section shall be subject to the provisions of the Federal Advisory Committee Act. SUPPORT ACTIVITIES SEC. 310. The Secretary, in cooperation with the Administrator, Secretary of Housing and Urban Development, the Secretary of Commerce utilizing the services of the Director of the National Bureau of Standards, and the heads of other appropriate Federal agencies, and the National Institute of Building Sciences, shall carry out any activities which the Secretary determines may be necessary or appropriate to assist in the development of voluntary performance standards under section 304(a) and to facilitate the implementation of such standards by State and local governments. Such activities shall be designed to assure that such standards are adequately analyzed in terms of energy efficiency, stimulation of use of nondepletable sources of energy, institutional resources, habitability, economic cost and benefits, and impact upon affected groups. MONITORING OF STATE AND LOCAL ADOPTION OF ENERGY SEC. 311. The Secretary, with the advice and assistance of the National Institute of Building Sciences, shall (1) monitor the progress made by the States and their political subdivisions in adopting and enforcing energy conservation standards for new buildings; (2) identify any procedural obstacles or technical constraints inhibiting implementation of such standards; (3) evaluate the effectiveness of such prevailing standards; and (4) within 12 months after the date of enactment of this title, and semiannually thereafter, report to the Congress on (A) the progress of the States and units of general purpose local government in adopting and implementing energy conservation standards for new buildings, and (B) the effectiveness of such standards, except that, with respect to reports transmitted to the Congress after August 14, 1981, such reports shall be transmitted biennially. Approved August 14, 1976. EXCERPT FROM THE ENERGY CONSERVATION AND PRODUCTION ACT [Public Law 94-385; 90 Stat. 1125; 42 U.S.C. 6851] TITLE IV-ENERGY CONSERVATION AND RENEWABLERESOURCE ASSISTANCE FOR EXISTING BUILDINGS SHORT TITLE SEC. 401. This title may be cited as the "Energy Conservation in Existing Buildings Act of 1976". FINDINGS AND PURPOSES SEC. 402. (a) The Congress finds that (1) the fastest, most cost-effective, and most environmentally sound way to prevent future energy shortages in the United States, while reducing the Nation's dependence on imported energy supplies, is to encourage and facilitate, through major programs, the implementation of energy conservation and renewable-resource energy measures with respect to dwelling units, non-residential buildings, and industrial plants; (2) current efforts to encourage and facilitate such measures are inadequate as a consequence of— (A) a lack of adequate and available financing for such measures, particularly with respect to individual consumers and owners of small businesses; (B) a shortage of reliable and impartial information and advisory services pertaining to practicable energy conservation measures and renewable-resource energy measures and the cost savings that are likely if they are implemented in such units, buildings, and plants; and (C) the absence of organized programs which, if they existed, would enable consumers, especially individuals and owners of small businesses, to undertake such measures easily and with confidence in their economic value; (3) major programs of financial incentives and assistance for energy conservation measures and renewable-resource energy measures in dwelling units, nonresidential buildings, and industrial plants would (A) significantly reduce the Nation's demand for energy and the need for petroleum imports; (B) cushion the adverse impact of the high price of energy supplies on consumers, particularly elderly and handicapped low-income persons who cannot afford to make the modifications necessary to reduce their residential energy use; and (C) increase, directly and indirectly, job opportunities and national economic output; (4) the primary responsibility for the implementation of such major programs should be lodged with the governments of the States; the diversity of conditions among the various States and regions of the Nation is sufficiently great that a wholly federally administered program would not be as effective as one which is tailored to meet local requirements and to re |