PUBLIC LAW 110–140—DEC. 19, 2007
121 STAT. 1613
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Director’s findings under section 436(h) of the Energy Independence and Security Act of 2007 and the criteria specified in clause (iii), shall identify the highest level the Secretary determines is appropriate above the minimum level required for certification under the system selected, and shall achieve results at least comparable to the system used by and highest level referenced by the General Services Administration as of the date of enactment of the Energy Independence and Security Act of 2007. Within 90 days of the completion of each study required by clause (iv), the Secretary, in consultation with the Administrator of General Services, and in consultation with the Secretary of Defense for considerations relating to those facilities under the custody and control of the Department of Defense, shall review and update the certification system and level, taking into account the conclusions of such study. ‘‘(ii) In establishing criteria for identifying major renovations that are subject to the requirements of this subparagraph, the Secretary shall take into account the scope, degree, and types of renovations that are likely to provide significant opportunities for substantial improvements in energy efficiency. ‘‘(iii) In identifying the green building certification system and level, the Secretary shall take into consideration— ‘‘(I) the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph; ‘‘(II) the ability of the applicable certification organization to collect and reflect public comment; ‘‘(III) the ability of the standard to be developed and revised through a consensus-based process; ‘‘(IV) an evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting— ‘‘(aa) efficient and sustainable use of water, energy, and other natural resources; ‘‘(bb) use of renewable energy sources; ‘‘(cc) improved indoor environmental quality through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls; and ‘‘(dd) such other criteria as the Secretary determines to be appropriate; and ‘‘(V) national recognition within the building industry. ‘‘(iv) At least once every 5 years, and in accordance with section 436 of the Energy Independence and Security Act of 2007, the Administrator of General Services shall conduct a study to evaluate and compare available third-party green building certification systems and levels, taking into account the criteria listed in clause (iii). ‘‘(v) The Secretary may by rule allow Federal agencies to develop internal certification processes, using certified professionals, in lieu of certification by the certification entity identified under clause (i)(III). The Secretary shall include in any such rule guidelines to ensure that the certification process results in buildings meeting the applicable certification system
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