Title 42 — The Public Health and Welfare
Chapter 81 — Energy Conservation and Resource Renewal
§ 6833. Updating State building energy efficiency codes
Statutory text
Consideration and determination respecting residential building energy codes
Not later than 2 years after , 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.
The determination referred to in paragraph (1) shall be—
made after public notice and hearing;
in writing;
based upon findings included in such determination and upon the evidence presented at the hearing; and
available to the public.
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.
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.
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 revision would improve energy efficiency in residential buildings. The Secretary shall publish notice of such determination in the Federal Register.
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.
Paragraphs (2), (3), and (4) shall apply to any determination made under subparagraph (B).
Certification of commercial building energy code updates
Not later than 2 years after , 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.
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.
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.
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).
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.
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.
Availability of incentive funding
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.
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—
to a State that has adopted and is implementing, on a statewide basis—
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
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
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).
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).
There are authorized to be appropriated to carry out this subsection—
$25,000,000 for each of fiscal years 2006 through 2010; and
such sums as are necessary for fiscal year 2011 and each fiscal year thereafter.
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.
Footnotes
- 1 So in original. The comma probably should not appear.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Energy Conservation Standards for New Buildings Act of 1976
Pub. L. 94–385 title III § 304 · 90 Stat. 1125
Enacted · 42 U.S.C. § 6833
Pub. L. 94–385, title III, § 304, as added Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2783
Source evidence
Code source credit
Pub. L. 94–385, title III, § 304, as added Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2783Enacted provision · exact public law section
Sec. 304. promulgation of energy conservation performance standards for new buildings (a) (1) As soon as practicable, but in no event later than 3 years after the date of enactment of this title, the Secretary, only after consultation with the Administrator, the Secretary of Commerce utilizing the services of the Director of the National Bureau of Standards, and the Administrator of the General Services Administration, shall develop and publish in the Federal Register for public comment proposed performance standards for new commercial Buildings. Final performance standards shall be promulgated within 6 months after the date of publication of the proposed standards, and shall become effective within a reasonable time, not to exceed 1 year after the date of promulgation, as specified by the Secretary. (2) As soon as practicable, but in no event later than 3 years after the date of enactment of this title, the Secretary, only after consultation with the Administrator and the Secretary of Commerce utilizing the services of the Director of the National Bureau of Standards, shall develop and publish in the Federal Register for public comment proposed performance standards for new residential buildings. Final performance standards for such buildings shall be promulgated within 6 months after the date of publication of the proposed standards, and shall become effective within a reasonable time, not to exceed 1 year after the date of promulgation, as specified by the Secretary. (3) In the development of performance standards, the Secretary shall utilize the services of the National Institute of Building Sciences, under appropriate contractual arrangements. (b) All performance standards promulgated pursuant to subsection (a) shall take account of, and make such allowance or particular exception as the Secretary determines appropriate for, climatic variations among the different regions of the country. (c) The Secretary, in consultation with the Administrator, the Consultation. Review. Secretary of Commerce, the Administrator of the General Services Administration, and the heads of other appropriate Federal agencies, and the National Institute of Building Sciences, shall periodically review and provide for the updating of performance standards promulgated pursuant to subsection (a). (d) The Secretary, if he finds that the dates otherwise specified Extension. in this section for publication of proposed, or for promulgation of final, performance standards under subsection (a) (1) or (a) (2) cannot practicably be met, may extend the time for such publication or promulgation, but no such extension shall result in a delay of more than 6 months in promulgation.Energy Policy Act of 2005
Pub. L. 109–58 § 128(1) · 119 Stat. 594
Inserted · 42 U.S.C. § 6833(e)(1)
Pub. L. 109–58, § 128(1), inserted “, including increasing and verifying compliance with such codes” before period at end of first sentence
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(1) in paragraph (1), by inserting before the period at the end of the first sentence the following: “, including increasing and verifying compliance with such codes”; andEnergy Policy Act of 2005
Pub. L. 109–58 § 128(2) · 119 Stat. 594
Added · 42 U.S.C. § 6833(e)(2)(4)
Pub. L. 109–58, § 128(2), added pars. (2) to (4)
Struck · 42 U.S.C. § 6833(e)(2)(4)
Pub. L. 109–58, § 128(2), 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 subsection.”
Source evidence
Code amendment note
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 subsection.”Enacted provision · exact public law section
(2) by striking paragraph (2) and inserting the following: “(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) Appropriation authorization. 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.” .
4 of 4 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 6833, Pub. L. 94–385, title III, § 304, , 90 Stat. 1146; Pub. L. 95–91, title III, §§ 301(a), 304(a), title VII, §§ 703, 707, 709(e)(1), , 91 Stat. 577, 580, 606, 608; Pub. L. 96–399, title III, § 326(a)–(c), , 94 Stat. 1649; Pub. L. 97–35, title X, § 1041(a), (c), , 95 Stat. 621; Pub. L. 100–418, title V, § 5115(c), , 102 Stat. 1433, related to development and promulgation of energy conservation voluntary performance standards for new commercial and residential buildings, prior to repeal by Pub. L. 102–486, title I, § 101(a)(2), , 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 subsection.”
Credits
1992–2005 · 2 acts
- 1992Pub. L. 94–385, title III, § 304, as added Pub. L. 102–486, title I, § 101(a)(2), , 106 Stat. 2783
- 2005amended Pub. L. 109–58, title I, § 128, , 119 Stat. 619.
Show as published
(Pub. L. 94–385, title III, § 304, as added Pub. L. 102–486, title I, § 101(a)(2), , 106 Stat. 2783; amended Pub. L. 109–58, title I, § 128, , 119 Stat. 619.)