42 U.S.C. § 6833 — Updating State building energy efficiency

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. 97–35, set out as a note under section 6240 of this title. TRANSFER OF FUNCTIONS Federal Savings and Loan Insurance Corporation and Federal Home Loan Bank Board abolished and func- tions transferred, see sections 401 to 406 of Pub. L. 101–73, set out as a note under section 1437 of Title 12, Banks and Banking. WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. § 6833. Updating State building energy efficiency codes (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 resi- dential building code regarding energy effi- ciency 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 de- termination 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 re- garding 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, 1992,1 (or any successor of such code) is revised, the Secretary shall, not later than 12 months after such revision, determine whether such re- vision would improve energy efficiency in resi- dential buildings. The Secretary shall publish notice of such determination in the Federal Reg- ister. (B) If the Secretary makes an affirmative de- termination 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 appro- priate 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 en- ergy efficiency. Such certification shall include a demonstration that such State’s code provi- sions 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 build- ings 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 deter- mination 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 en- ergy efficiency in accordance with the revised standard for which such determination was made. Such certification shall include a dem- onstration that the provisions of such State’s commercial building code regarding energy effi- ciency meet or exceed such revised standard. (ii) If the Secretary makes a determination under subparagraph (A) that such revised stand- Page 6895 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6834 ard will not improve energy efficiency in com- mercial 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 dem- onstrate 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 assist- ance to States to implement the requirements of this section, and to improve and implement State residential and commercial building en- ergy 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 fund- ing to States to implement the requirements of this section, and to improve and implement State residential and commercial building en- ergy efficiency codes, including increasing and verifying compliance with such codes. In deter- mining 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 en- ergy performance— (A) to a State that has adopted and is imple- menting, on a statewide basis— (i) a residential building energy efficiency code that meets or exceeds the requirements of the 2004 International Energy Conserva- tion Code, or any succeeding version of that code that has received an affirmative deter- mination from the Secretary under sub- section (a)(5)(A); and (ii) a commercial building energy effi- ciency code that meets or exceeds the re- quirements 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 govern- ment that has adopted and is implementing residential and commercial building energy ef- ficiency 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 para- graph (2) for each fiscal year shall not exceed one-half of the excess of funding under this sub- section over $5,000,000 for the fiscal year. (Pub. L. 94–385, title III, § 304, as added Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2783; amended Pub. L. 109–58, title I, § 128, Aug. 8, 2005, 119 Stat. 619.) Editorial Notes PRIOR PROVISIONS A prior section 6833, Pub. L. 94–385, title III, § 304, Aug. 14, 1976, 90 Stat. 1146; Pub. L. 95–91, title III, §§ 301(a), 304(a), title VII, §§ 703, 707, 709(e)(1), Aug. 4, 1977, 91 Stat. 577, 580, 606, 608; Pub. L. 96–399, title III, § 326(a)–(c), Oct. 8, 1980, 94 Stat. 1649; Pub. L. 97–35, title X, § 1041(a), (c), Aug. 13, 1981, 95 Stat. 621; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433, re- lated to development and promulgation of energy con- servation voluntary performance standards for new commercial and residential buildings, prior to repeal by Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2783. AMENDMENTS 2005—Subsec. (e)(1). Pub. L. 109–58, § 128(1), inserted ‘‘, including increasing and verifying compliance with such codes’’ before period at end of first sentence. Subsec. (e)(2) to (4). Pub. L. 109–58, § 128(2), added pars. (2) to (4) and struck out former par. (2) which read as follows: ‘‘There are authorized to be appropriated such sums as may be necessary to carry out this sub- section.’’ § 6834. Federal building energy efficiency stand- ards (a) In general (1) Not later than 2 years after October 24, 1992, the Secretary, after consulting with appro- priate Federal agencies, CABO, ASHRAE, the National Association of Home Builders, the Illu- minating Engineering Society, the American In- stitute of Architects, the National Conference of the States on Building Codes and Standards, and other appropriate persons, shall establish, by rule, Federal building energy standards that re- quire in new Federal buildings those energy effi- ciency measures that are technologically fea- sible and economically justified. Such standards shall become effective no later than 1 year after such rule is issued. (2) The standards established under paragraph (1) shall— (A) contain energy saving and renewable en- ergy specifications that meet or exceed the en- ergy saving and renewable energy specifica- tions of the 2004 International Energy Con- servation Code (in the case of residential buildings) or ASHRAE Standard 90.1–2004 (in the case of commercial buildings); (B) to the extent practicable, use the same format as the appropriate voluntary building energy code; and