42 U.S.C. § 6833 : US Code - Section 6833: Updating State building energy efficiency codes

Search 42 U.S.C. § 6833 : US Code - Section 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 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,(!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.
(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) of this
section 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) of this section; 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) of this section; 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.