Sec. 2. Revised Federal building energy efficiency performance standards
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Section 305(a)(3)(D)(i) of the Energy Conservation and Production Act ( 42 U.S.C. 6834(a)(3)(D)(i) ) is amended— by striking subclauses
(I)and (II); and in subclause (III), by inserting after the third sentence the following: The certification system and level may not prohibit a building from obtaining a certification as a green building or high-performance green building solely based on direct or indirect consumption of fossil fuels. . Subpart B of part 435, and subpart B of part 433, of title 10, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act, shall have no force or effect. Until such time as the Secretary of Energy issues new or revised regulations pursuant to subsection
(d)relating to the revised Federal building energy efficiency performance standards under section 305(a)(3)(D) of the Energy Conservation and Production Act ( 42 U.S.C. 6834(a)(3)(D) ) to carry out the amendments made by subsection (a)(1) of this section, such section 305(a)(3)(D) shall be implemented as though the requirements of subclauses
(I)and
(II)of clause
(i)of such section 305(a)(3)(D) (as in effect on the day before the date of enactment of this Act) had never taken effect. Section 436(h) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17092(h) ) is amended by adding at the end the following: The system identified under paragraph
(1)may not prohibit a building from obtaining a certification as a green building or high-performance green building solely based on direct or indirect consumption of fossil fuels. . Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall issue such new or revised regulations as the Secretary determines necessary to carry out the amendments made by this Act.
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