U.S. Code > Title 42 The Public Health and Welfare > CHAPTER 152—ENERGY INDEPENDENCE AND SECURITY > SUBCHAPTER III—ENERGY SAVINGS IN BUILDINGS AND INDUSTRY > Part C—High-Performance Federal Buildings > § 17091. Leasing

§ 17091. Leasing

(a) In general
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) Exception
(1) Application
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) Buildings without Energy Star label
If one of the conditions described in paragraph (2) [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 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.
(c) Revision of Federal Acquisition Regulation
(1) In general
Not later than 3 years after December 19, 2007, the Federal Acquisition Regulation described in section 405 (a) of title 41 shall be revised to require Federal officers and employees to comply with this section in leasing buildings.
(2) Consultation
The members of the Federal Acquisition Regulatory Council established under section 421 of title 41 shall consult with the Federal Director and the Commercial Director before promulgating regulations to carry out this subsection.

[1] So in original. Probably should be “(1)”.