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Title 42 — The Public Health and Welfare

Chapter 81 — Energy Conservation and Resource Renewal

§ 6838. Cost-effective codes implementation for efficiency and resilience

Statutory text

(a)

Definitions

In this section:

(1)

Eligible entity

The term “eligible entity” means—

(A)

a relevant State agency, as determined by the Secretary, such as a State building code agency, State energy office, or Tribal energy office; and

(B)

a partnership.

(2)

Partnership

The term “partnership” means a partnership between an eligible entity described in paragraph (1)(A) and 1 or more of the following entities:

(A)

Local building code agencies.

(B)

Codes and standards developers.

(C)

Associations of builders and design and construction professionals.

(D)

Local and utility energy efficiency programs.

(E)

Consumer, energy efficiency, and environmental advocates.

(F)

Other entities, as determined by the Secretary.

(3)

Secretary

The term “Secretary” means the Secretary of Energy.

(b)

Establishment

(1)

In general

The Secretary shall establish within the Building Technologies Office of the Department of Energy a program under which the Secretary shall award grants on a competitive basis to eligible entities to enable sustained cost-effective implementation of updated building energy codes.

(2)

Updated building energy code

An update to a building energy code under this section, including an amendment that results in increased efficiency compared to the previously adopted building energy code, shall include any update made available after the existing building energy code, even if it is not the most recent updated code available.

(c)

Criteria; priority

In awarding grants under subsection (b), the Secretary shall—

(1)

consider—

(A)

prospective energy savings and plans to measure the savings, including utilizing the Environmental Protection Agency Portfolio Manager, the Home Energy Score rating of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Energy Star Building rating methodologies of the Environmental Protection Agency, and other methodologies determined appropriate by the Secretary;

(B)

the long-term sustainability of those measures and savings;

(C)

prospective benefits, and plans to assess the benefits, including benefits relating to—

(i)

resilience and peak load reduction;

(ii)

occupant safety and health; and

(iii)

environmental performance;

(D)

the demonstrated capacity of the eligible entity to carry out the proposed project; and

(E)

the need of the eligible entity for assistance; and

(2)

give priority to applications from partnerships.

(d)

Eligible activities

(1)

In general

An eligible entity awarded a grant under this section may use the grant funds—

(A)

to create or enable State or regional partnerships to provide training and materials to—

(i)

builders, contractors and subcontractors, architects, and other design and construction professionals, relating to meeting updated building energy codes in a cost-effective manner; and

(ii)

building code officials, relating to improving implementation of and compliance with building energy codes;

(B)

to collect and disseminate quantitative data on construction and codes implementation, including code pathways, performance metrics, and technologies used;

(C)

to develop and implement a plan for highly effective codes implementation, including measuring compliance;

(D)

to address various implementation needs in rural, suburban, and urban areas; and

(E)

to implement updates in energy codes for—

(i)

new residential and commercial buildings (including multifamily buildings); and

(ii)

additions and alterations to existing residential and commercial buildings (including multifamily buildings).

(2)

Related topics

Training and materials provided using a grant under this section may include information on the relationship between energy codes and—

(A)

cost-effective, high-performance, and zero-net-energy buildings;

(B)

improving resilience, health, and safety;

(C)

water savings and other environmental impacts; and

(D)

the economic impacts of energy codes.

(e)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $225,000,000 for the period of fiscal years 2022 through 2026.

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.

  1. Energy Conservation Standards for New Buildings Act of 1976

    Pub. L. 94–385 title III § 309 · 90 Stat. 1125

    Enacted · 42 U.S.C. § 6838

    (Pub. L. 94–385, title III, § 309, as added Pub. L. 117–58, div. D, title V, § 40511(a), Nov. 15, 2021, 135 Stat. 1058.)

    Source evidence

    Code source credit
    (Pub. L. 94–385, title III, § 309, as added Pub. L. 117–58, div. D, title V, § 40511(a), Nov. 15, 2021, 135 Stat. 1058.)

    Enacted provision · exact public law section
    Sec. 309. consultation with interested and affected groups In developing and promulgating performance standards 42 USC 6838. and carrying out other functions under this title, the Secretary shall consult with appropriate representatives of the building community (including representatives of labor and the construction industry, engineers, and architects), with appropriate public officials and organizations of public officials, and with representatives of consumer groups. For purposes of such consultation, the Secretary shall, to the extent practicable, make use of the National Institute of Building Sciences. The Secretary may also establish one or more, advisory committees as may be appropriate. Any advisory committee or committees Advisory committees, establishment. 5 USC app. 1. established pursuant to this section shall be subject to the provisions of the Federal Advisory Committee Act.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 6838, Pub. L. 94–385, title III, § 309, , 90 Stat. 1149; Pub. L. 97–35, title X, § 1041(a), , 95 Stat. 621, related to consultations by Secretary with interested and affected groups in developing and promulgating voluntary performance standards and establishment of advisory committees, prior to repeal by Pub. L. 102–486, title I, § 101(a)(2), , 106 Stat. 2783.

Statutory Notes and Related Subsidiaries

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 authority of Secretary of Labor, see section 18851 of this title.

Credits

(Pub. L. 94–385, title III, § 309, as added Pub. L. 117–58, div. D, title V, § 40511(a), , 135 Stat. 1058.)

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USLM identifier /us/usc/t42/s6838