§ 17081. Commercial high-performance green buildings

• (a) 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) 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) 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 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 high-performance green building information and disseminate research results through—
    • (A) outreach;
    • (B) education; and
    • (C) the provision of technical assistance.
• (d) 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) 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)
  • (1) 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) To qualify under this section, any consortium shall include representation from—
    • (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) The Secretary may make payments to the Consortium pursuant to the terms of a public-private 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) 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).