§8232 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary of Housing and Urban Development must lead a study, working with the Secretaries of Agriculture, the Treasury, Veterans Affairs, Energy, and other government reps the Secretary picks. The study must hire the National Institute of Building Sciences. It must decide whether the federal government should require all homes to meet energy-efficiency rules, whether that is possible, and what problems would come up. The study must look at things like telling buyers about efficiency and rules about selling homes that do not meet the standards. The study must consider many factors: whether buyers would be protected by the rule; how it would help national energy goals; how it would affect builders, real estate, and mortgage industries; what punishments and enforcement problems might be needed; effects on sellers and buyers (using past federal experiences such as the Real Estate Settlement Procedures Act of 1974 and the Federal Disaster Protection Act of 1973); the rule’s effect on the overall economy and national security compared to effects on credit and housing markets; how it would affect housing credit; whether it would temporarily cut the number of homes for sale and raise prices; and uncertainty about standards while they are being developed and the effect on major rehab and voluntary conservation. The Secretary must include comments from the Energy Secretary and two Energy Department findings: estimated lifetime energy cost savings for affected homes, and the cost per barrel of oil equivalent to get those savings for each class of existing homes. A report with findings and any recommended laws must be sent to both Houses of Congress no later than one year after November 9, 1978.

Title 42, §8232

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary of Housing and Urban Development (hereinafter in this section referred to as the “Secretary”) shall, in coordination with the Secretary of Agriculture, the Secretary of the Treasury, the Secretary of Veterans Affairs, the Secretary of Energy, and such other representatives of Federal, State, and local governments as the Secretary shall designate, conduct a study, utilizing the services of the National Institute of Building Sciences pursuant to appropriate contractual arrangements, for the purpose of determining the need for, the feasibility of, and the problems of requiring, by mandatory Federal action, that all residential dwelling units meet applicable energy efficient standards. The subjects to be examined shall include, but not be limited to, mandatory notification to purchasers, and policies to prohibit exchange or sale, of properties which do not conform to such standards.

(b)In conducting such study, the Secretary shall consider at least the following factors—

(1)the extent to which such requirement would protect a prospective purchaser from the uncertainty of not knowing the energy efficiency of the property he proposes to purchase;

(2)the extent to which such requirement would contribute to the Nation’s energy conservation goals;

(3)the extent to which such a requirement would affect the real estate, home building, and mortgage banking industries;

(4)the sanctions which might be necessary to make such a requirement effective and the administrative impediments there might be to enforcement of such sanctions;

(5)the possible impact on sellers and purchasers as a result of the implementation of mandatory Federal actions, taking into account the experience of the Federal Government in imposing mandatory requirements concerning the purchase and sale of real property as occurred under the Real Estate Settlement Procedures Act of 1974 [12 U.S.C. 2601 et seq.] and the Federal Disaster Protection Act of 1973;

(6)an analysis of the effect of such a requirement on the economy as a whole and on the Nation’s security as compared to the impact on the credit and housing markets caused by such a requirement;

(7)the effect of such a requirement on availability of credit in the housing industry;

(8)the extent to which the imposition of mandatory Federal requirements would temporarily reduce the number of residential dwellings available for sale and the resulting effect of such mandatory actions on the price of those remaining dwelling units eligible for sale; and

(9)the possible uncertainty, during the period of developing the standards, as to what standards might be imposed and any resulting effect on major housing rehabilitation efforts and voluntary efforts for energy conservation.

(c)The Secretary shall incorporate into such study comments by the Secretary of Energy on the effects on the economy as a whole and on the Nation’s security which may result from the requirement described in subsection (a) as compared to the impact on the credit and housing markets likely to be caused by such a requirement. In addition, the Secretary shall incorporate into such study the following findings by the Secretary of Energy:

(1)the savings in energy costs resulting from the requirement described in subsection (a) throughout the estimated remaining useful life of the existing residential buildings to which such requirement would apply; and

(2)the total cost per barrel of oil equivalent, in obtaining the energy savings likely to result from such requirement, computed for each class of existing residential buildings to which such requirement would apply.

(d)The Secretary shall report, no later than one year after November 9, 1978, to both Houses of the Congress with regard to the findings made as a result of such study along with any recommendations for legislative proposals which the Secretary determines should be enacted with respect to the subject of such study.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Real Estate Settlement Procedures Act of 1974, referred to in subsec. (b)(5), is Pub. L. 93–533, Dec. 22, 1974, 88 Stat. 1724, which is classified principally to chapter 27 (§ 2601 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see

Short Title

note set out under section 2601 of Title 12 and Tables. The Federal Disaster Protection Act of 1973, referred to in subsec. (b)(5), probably means the Flood Disaster Protection Act of 1973, Pub. L. 93–234, Dec. 31, 1973, 87 Stat. 975, which enacted section 4002, 4003, 4012a, 4104 to 4107, and 4128 of this title, amended section 4001, 4013 to 4016, 4026, 4054, 4056, 4101, and 4121 of this title and section 24 and 1709–1 of Title 12, repealed section 4021 of this title, and enacted a provision set out as a note under section 4001 of this title. For complete classification of this Act to the Code, see

Short Title

of 1973 Amendment note set out under section 4001 of this title and Tables.

Amendments

1991—Subsec. (a). Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.

§8232 Residential energy efficiency standards study

Summary

Title 42, §8232

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

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