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42 U.S.C. § 6833 — Updating State building energy efficiency codes
Federal law — U.S. Code and appendices · legal_authorities
**(a) Consideration and determination respecting residential building energy codes**
(1) Not later than 2 years after October 24, 1992, each State shall certify to the Secretary that it has reviewed the provisions of its residential building code regarding energy efficiency and made a determination as to whether it is appropriate for such State to revise such residential building code provisions to meet or exceed CABO Model Energy Code, 1992.
(2) The determination referred to in paragraph (1) shall be—
(A) made after public notice and hearing;
(B) in writing;
(C) based upon findings included in such determination and upon the evidence presented at the hearing; and
(D) available to the public.
(3) Each State may, to the extent consistent with otherwise applicable State law, revise the provisions of its residential building code regarding energy efficiency to meet or exceed CABO Model Energy Code, 1992, or may decline to make such revisions.
(4) If a State makes a determination under paragraph (1) that it is not appropriate for such State to revise its residential building code, such State shall submit to the Secretary, in writing, the reasons for such determination, and such statement shall be available to the public.
(5)
(A) Whenever CABO Model Energy Code, 1992,11 So in original. The comma probably should not appear. (or any successor of such code) is revised, the Secretary shall, not later than 12 months after such revision, determine whether such revision would improve energy efficiency in residential buildings. The Secretary shall publish notice of such determination in the Federal Register.
(B) If the Secretary makes an affirmative determination under subparagraph (A), each State shall, not later than 2 years after the date of the publication
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Source location: Title 42, Chapter 81, § 6833; chapter-081-energy-conservation-and-resource-renewal.md
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**(a) Consideration and determination respecting residential building energy codes**
(1) Not later than 2 years after October 24, 1992, each State shall certify to the Secretary that it has reviewed the provisions of its residential building code regarding energy efficiency and made a determination as to whether it is appropriate for such State to revise such residential building code provisions to meet or exceed CABO Model Energy Code, 1992.
(2) The determination referred to in paragraph (1) shall be—
(A) made after public notice and hearing;
(B) in writing;
(C) based upon findings included in such determination and upon the evidence presented at the hearing; and
(D) available to the public.
(3) Each State may, to the extent consistent with otherwise applicable State law, revise the provisions of its residential building code regarding energy efficiency to meet or exceed CABO Model Energy Code, 1992, or may decline to make such revisions.
(4) If a State makes a determination under paragraph (1) that it is not appropriate for such State to revise its residential building code, such State shall submit to the Secretary, in writing, the reasons for such determination, and such statement shall be available to the public.
(5)
(A) Whenever CABO Model Energy Code, 1992,11 So in original. The comma probably should not appear. (or any successor of such code) is revised, the Secretary shall, not later than 12 months after such revision, determine whether such revision would improve energy efficiency in residential buildings. The Secretary shall publish notice of such determination in the Federal Register.
(B) If the Secretary makes an affirmative determination under subparagraph (A), each State shall, not later than 2 years after the date of the publication of such determination, certify that it has reviewed the provisions of its residential building code regarding energy efficiency and made a determination as to whether it is appropriate for such State to revise such residential building code provisions to meet or exceed the revised code for which the Secretary made such determination.
(C) Paragraphs (2), (3), and (4) shall apply to any determination made under subparagraph (B).
**(b) Certification of commercial building energy code updates**
(1) Not later than 2 years after October 24, 1992, each State shall certify to the Secretary that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency. Such certification shall include a demonstration that such State’s code provisions meet or exceed the requirements of ASHRAE Standard 90.1–1989.
(2)
(A) Whenever the provisions of ASHRAE Standard 90.1–1989 (or any successor standard) regarding energy efficiency in commercial buildings are revised, the Secretary shall, not later than 12 months after the date of such revision, determine whether such revision will improve energy efficiency in commercial buildings. The Secretary shall publish a notice of such determination in the Federal Register.
(B)
(i) If the Secretary makes an affirmative determination under subparagraph (A), each State shall, not later than 2 years after the date of the publication of such determination, certify that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency in accordance with the revised standard for which such determination was made. Such certification shall include a demonstration that the provisions of such State’s commercial building code regarding energy efficiency meet or exceed such revised standard.
(ii) If the Secretary makes a determination under subparagraph (A) that such revised standard will not improve energy efficiency in commercial buildings, State commercial building code provisions regarding energy efficiency shall meet or exceed ASHRAE Standard 90.1–1989, or if such standard has been revised, the last revised standard for which the Secretary has made an affirmative determination under subparagraph (A).
**(c) Extensions** The Secretary shall permit extensions of the deadlines for the certification requirements under subsections (a) and (b) if a State can demonstrate that it has made a good faith effort to comply with such requirements and that it has made significant progress in doing so.
**(d) Technical assistance** The Secretary shall provide technical assistance to States to implement the requirements of this section, and to improve and implement State residential and commercial building energy efficiency codes or to otherwise promote the design and construction of energy efficient buildings.
**(e) Availability of incentive funding**
(1) The Secretary shall provide incentive funding to States to implement the requirements of this section, and to improve and implement State residential and commercial building energy efficiency codes, including increasing and verifying compliance with such codes. In determining whether, and in what amount, to provide incentive funding under this subsection, the Secretary shall consider the actions proposed by the State to implement the requirements of this section, to improve and implement residential and commercial building energy efficiency codes, and to promote building energy efficiency through the use of such codes.
(2) Additional funding shall be provided under this subsection for implementation of a plan to achieve and document at least a 90 percent rate of compliance with residential and commercial building energy efficiency codes, based on energy performance—
(A) to a State that has adopted and is implementing, on a statewide basis—
(i) a residential building energy efficiency code that meets or exceeds the requirements of the 2004 International Energy Conservation Code, or any succeeding version of that code that has received an affirmative determination from the Secretary under subsection (a)(5)(A); and
(ii) a commercial building energy efficiency code that meets or exceeds the requirements of the ASHRAE Standard 90.1–2004, or any succeeding version of that standard that has received an affirmative determination from the Secretary under subsection (b)(2)(A); or
(B) in a State in which there is no statewide energy code either for residential buildings or for commercial buildings, to a local government that has adopted and is implementing residential and commercial building energy efficiency codes, as described in subparagraph (A).
(3) Of the amounts made available under this subsection, the Secretary may use $500,000 for each fiscal year to train State and local officials to implement codes described in paragraph (2).
(4)
(A) There are authorized to be appropriated to carry out this subsection—
(i) $25,000,000 for each of fiscal years 2006 through 2010; and
(ii) such sums as are necessary for fiscal year 2011 and each fiscal year thereafter.
(B) Funding provided to States under paragraph (2) for each fiscal year shall not exceed one-half of the excess of funding under this subsection over $5,000,000 for the fiscal year.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment**
(1) **In general** — The Secretary of Housing and Urban Development and the Secretary of Agriculture shall, not later than September 30, 2006, jointly establish, by rule, energy efficiency standards for—
(A) new construction of public and assisted housing and single family and multifamily residential housing (other than manufactured homes) subject to mortgages insured under the National Housing Act [[12 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701&num=0&edition=prelim) et seq.];
(B) new construction of single family housing (other than manufactured homes) subject to mortgages insured, guaranteed, or made by the Secretary of Agriculture under title V of the Housing Act of 1949 [[42 U.S.C. 1471](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1471&num=0&edition=prelim) et seq.]; and
(C) rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under [section 1437v of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437v&num=0&edition=prelim).
(2) **Contents** — Such standards shall meet or exceed the requirements of the 2006 International Energy Conservation Code (hereafter in this section referred to as “the 2006 IECC”), or, in the case of multifamily high rises, the requirements of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1–2004 (hereafter in this section referred to as “ASHRAE Standard 90.1–2004”), and shall be cost-effective with respect to construction and operating costs on a life-cycle cost basis. In developing such standards, the Secretaries shall consult with an advisory task force composed of homebuilders, national, S
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12709
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is transferred to, and vested in, the Secretary the functions vested in the Secretary of Housing and Urban Development pursuant to section 304 of the Energy Conservation Standards for New Buildings Act of 1976 [[42 U.S.C. 6833](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6833&num=0&edition=prelim)], to develop and promulgate energy conservation standards for new buildings. The Secretary of Housing and Urban Development shall provide the Secretary with any necessary technical assistance in the development of such standards. All other responsibilities, pursuant to title III of the Energy Conservation and Production Act [[42 U.S.C. 6831](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6831&num=0&edition=prelim) et seq.], shall remain with the Secretary of Housing and Urban Development, except that the Secretary shall be kept fully and currently informed of the implementation of the promulgated standards.
**(b)** There is hereby transferred to, and vested in, the Secretary the functions vested in the Secretary of Housing and Urban Development pursuant to [section 1701z–8 of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701z–8&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7155
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Federal law — U.S. Code and appendices · legal_authorities
Page 6894
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6833
1 So in original. The comma probably should not appear.
subchapter, ‘‘Secretary of Energy’’ has been sub-
stituted for ‘‘Administrator’’ wherever appearing.
AMENDMENTS
2021—Pub. L. 117–58 substituted ‘‘Except as otherwise
provided, in’’ for ‘‘As used in’’ in introductory provi-
sions.
2007—Par. (6). Pub. L. 110–140 struck out ‘‘which is not
legally subject to State or local building codes or simi-
lar requirements’’ after ‘‘any Federal agency’’ and in-
serted at end ‘‘Such term shall include buildings built
for the purpose of being leased by a Federal agency, and
privatized military housing.’’
1992—Pars. (9) to (16). Pub. L. 102–486 redesignated
pars. (10) to (13) as (9) to (12), respectively, added pars.
(13) to (16), and struck out former par. (9) which read as
follows: ‘‘The term ‘voluntary performance standards’
means an energy consumption goal or goals to be met
without specification of the methods, materials, and
processes to be employed in achieving that goal or
goals, but including statements of the requirements,
criteria and evaluation methods to be used, and any
necessary commentary.’’
1988—Par. (11). Pub. L. 100–242 substituted ‘‘Secretary
of Energy’’ for ‘‘Secretary of Housing and Urban Devel-
opment’’.
1981—Par. (9). Pub. L. 97–35 inserted ‘‘voluntary’’ be-
fore ‘‘performance standards’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2007 AMENDMENT
Amendment by Pub. L. 110–140 effective on the date
that is 1 day after Dec. 19, 2007, see section 1601 of Pub.
L. 110–140, set out as an Effective Date note under sec-
tion 1824 of Title 2, The Congress.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–35 effective Aug. 13, 1981,
see section 1038 of Pub. L. 97–3
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