42 U.S.C. § 6832 — Definitions

Page 6893 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6832 (3) encourage States and local governments to adopt and enforce such standards through their existing building codes and other con- struction control mechanisms, or to apply them through a special approval process. (Pub. L. 94–385, title III, § 302, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 97–35, title X, § 1041(a), Aug. 13, 1981, 95 Stat. 621.) Editorial Notes AMENDMENTS 1981—Subsecs. (a)(2), (b)(2). Pub. L. 97–35 inserted ‘‘voluntary’’ before ‘‘performance standards’’. Statutory Notes and Related Subsidiaries 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. SHORT TITLE For short title of this subchapter as the ‘‘Energy Con- servation Standards for New Buildings Act of 1976’’, see section 301 of Pub. L. 94–385, set out as a note under sec- tion 6801 of this title. § 6832. Definitions Except as otherwise provided, in this sub- chapter: (1) Omitted (2) The term ‘‘building’’ means any structure to be constructed which includes provision for a heating or cooling system, or both, or for a hot water system. (3) The term ‘‘building code’’ means a legal instrument which is in effect in a State or unit of general purpose local government, the provisions of which must be adhered to if a building is to be considered to be in conform- ance with law and suitable for occupancy and use. (4) The term ‘‘commercial building’’ means any building other than a residential building, including any building developed for industrial or public purposes. (5) The term ‘‘Federal agency’’ means any department, agency, corporation, or other en- tity or instrumentality of the executive branch of the Federal Government, including the United States Postal Service, the Federal National Mortgage Association, and the Fed- eral Home Loan Mortgage Corporation. (6) The term ‘‘Federal building’’ means any building to be constructed by, or for the use of, any Federal agency. Such term shall in- clude buildings built for the purpose of being leased by a Federal agency, and privatized military housing. (7) The term ‘‘Federal financial assistance’’ means (A) any form of loan, grant, guarantee, insurance, payment, rebate, subsidy, or any other form of direct or indirect Federal assist- ance (other than general or special revenue sharing or formula grants made to States) ap- proved by any Federal officer or agency; or (B) any loan made or purchased by any bank, sav- ings and loan association, or similar institu- tion subject to regulation by the Board of Gov- ernors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, or the Na- tional Credit Union Administration. (8) The term ‘‘National Institute of Building Sciences’’ means the institute established by section 1701j–2 of title 12. (9) The term ‘‘residential building’’ means any structure which is constructed and devel- oped for residential occupancy. (10) The term ‘‘Secretary’’ means the Sec- retary of Energy. (11) The term ‘‘State’’ includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any terri- tory and possession of the United States. (12) The term ‘‘unit of general purpose local government’’ means any city, county, town, municipality, or other political subdivision of a State (or any combination thereof), which has a building code or similar authority over a particular geographic area. (13) The term ‘‘Federal building energy standards’’ means energy consumption objec- tives to be met without specification of the methods, materials, or equipment to be em- ployed in achieving those objectives, but in- cluding statements of the requirements, cri- teria, and evaluation methods to be used, and any necessary commentary. (14) The term ‘‘voluntary building energy code’’ means a building energy code developed and updated through a consensus process among interested persons, such as that used by the Council of American Building Officials; the American Society of Heating, Refrig- erating, and Air-Conditioning Engineers; or other appropriate organizations. (15) The term ‘‘CABO’’ means the Council of American Building Officials. (16) The term ‘‘ASHRAE’’ means the Amer- ican Society of Heating, Refrigerating, and Air-Conditioning Engineers. (Pub. L. 94–385, title III, § 303, Aug. 14, 1976, 90 Stat. 1145; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 97–35, title X, § 1041(a), Aug. 13, 1981, 95 Stat. 621; Pub. L. 100–242, title V, § 570(c), Feb. 5, 1988, 101 Stat. 1950; Pub. L. 102–486, title I, § 101(a)(1), Oct. 24, 1992, 106 Stat. 2782; Pub. L. 110–140, title IV, § 433(b), Dec. 19, 2007, 121 Stat. 1614; Pub. L. 117–58, div. D, title V, § 40511(b), Nov. 15, 2021, 135 Stat. 1059.) Editorial Notes CODIFICATION Par. (1) of this section which read ‘‘The term ‘Admin- istrator’ means the Administrator of the Federal En- ergy Administration; except that after such Adminis- tration ceases to exist, such term means any officer of the United States designated by the President for pur- poses of this subchapter’’ has been omitted in view of the termination of the Federal Energy Administration and the transfer of its functions and the functions of the Administrator thereof (with certain exceptions) to the Secretary of Energy pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sec- tions 7151(a), 7293, and 7297 of this title and the fact that the term ‘‘Secretary’’ is defined for the purposes of this subchapter by par. (10) of this section. In this 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-