§17091 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Federal agencies must not sign leases for space in a building that did not earn the Energy Star label in the most recent year, starting 3 years after December 19, 2007. There are four exceptions: no Energy Star space is available that meets the agency’s needs (including location), the agency wants to stay in a building it already occupied, the building is historically/architecturally/culturally significant, or the lease is for 10,000 gross square feet or less. If an exception applies, the lease must require that, before occupancy or (for staying-in-place cases) no later than 1 year after signing, the space is upgraded with all energy-saving improvements that are cost effective over the lease term (for example, lighting, windows, and HVAC). The lease must also require public energy-use benchmarking through a free national online program, unless whole-building utility data can’t be obtained. The tenant agency must give or allow the owner to get the space’s energy data. The Federal Acquisition Regulation had to be updated not later than 3 years after December 19, 2007 so officers and employees follow these rules, and the FAR Council must consult the Federal Director and the Commercial Director before issuing those regulations.

Title 42, §17091

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

(a)Except as provided in subsection (b), effective beginning on the date that is 3 years after December 19, 2007, no Federal agency shall enter into a contract to lease space in a building that has not earned the Energy Star label in the most recent year.

(b)(1)This subsection applies if—

(A)no space is available in a building described in subsection (a) that meets the functional requirements of an agency, including locational needs;

(B)the agency proposes to remain in a building that the agency has occupied previously;

(C)the agency proposes to lease a building of historical, architectural, or cultural significance (as defined in section 3306(a)(4) of title 40) or space in such a building; or

(D)the lease is for not more than 10,000 gross square feet of space.

(2)If one of the conditions described in paragraph (1) is met, the agency may enter into a contract to lease space in a building that has not earned the Energy Star label in the most recent year if the lease contract includes provisions requiring that, prior to occupancy or, in the case of a contract described in paragraph (1)(B), not later than 1 year after signing the contract, the following requirements are met:

(A)The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems.

(B)(i)Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces—

(I)that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and

(II)for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner.

(ii)A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph.

(c)(1)Not later than 3 years after December 19, 2007, the Federal Acquisition Regulation described in section 1121(b) and (c)(1) of title 41 shall be revised to require Federal officers and employees to comply with this section in leasing buildings.

(2)The members of the Federal Acquisition Regulatory Council established under section 1302(a) of title 41 shall consult with the Federal Director and the Commercial Director before promulgating regulations to carry out this subsection.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (c)(1), “section 1121(b) and (c)(1) of title 41” substituted for “section 6(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(a))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(2), “section 1302(a) of title 41” substituted for “section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2015—Subsec. (b)(2). Pub. L. 114–11 substituted “paragraph (1) is met” for “paragraph (2) is met” and “signing the contract, the following requirements are met:” for “signing the contract, the space will be renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems.” and added subpars. (A) and (B).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

§17091 Leasing