Sec. 101. Greater energy efficiency in building codes

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 303 of the Energy Conservation and Production Act ( 42 U.S.C. 6832 ) is amended— by striking paragraph

(14)and inserting the following: The term model building energy code means a voluntary building energy code or standard developed and updated by interested persons, such as the code or standard developed by— the Council of American Building Officials, or its legal successor, International Code Council, Inc.; the American Society of Heating, Refrigerating, and Air-Conditioning Engineers; or other appropriate organizations. ; and by adding at the end the following: The term IECC means the International Energy Conservation Code. The term Indian tribe has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). . Section 304 of the Energy Conservation and Production Act ( 42 U.S.C. 6833 ) is amended to read as follows: Notwithstanding any other provision of this section, any model building code or standard established under section 304 shall not be binding on a State, local government, or Indian tribe as a matter of Federal law. The Secretary shall— encourage and support the adoption of building energy codes by States, Indian tribes, and, as appropriate, by local governments that meet or exceed the model building energy codes, or achieve equivalent or greater energy savings; and support full compliance with the State and local codes. Not later than 2 years after the date of publication of a revision to a model building energy code, each State or Indian tribe shall certify whether the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively. The certification shall include a demonstration of whether the energy savings for the code provisions that are in effect throughout the territory of the State or Indian tribe meet or exceed the energy savings of the updated model building energy code. If a model building energy code is not updated by a target date established under section 307(b)(2)(E), each State or Indian tribe shall, not later than 2 years after the specified date, certify whether the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively, to meet or exceed the target in section 307(b)(2). Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall— determine whether the code provisions of the State or Indian tribe, respectively, meet the criteria specified in paragraph (1); and if the determination is positive, validate the certification. Not later than 3 years after the date of a certification under subsection (c), each State and Indian tribe shall certify whether the State and Indian tribe, respectively, has— achieved full compliance under paragraph

(3)with the applicable certified State and Indian tribe building energy code or with the associated model building energy code; or made significant progress under paragraph

(4)toward achieving compliance with the applicable certified State and Indian tribe building energy code or with the associated model building energy code. If the State or Indian tribe certifies progress toward achieving compliance, the State or Indian tribe shall repeat the certification until the State or Indian tribe certifies that the State or Indian tribe has achieved full compliance, respectively. A certification under paragraph

(1)shall include documentation of the rate of compliance based on— independent inspections of a random sample of the buildings covered by the code in the preceding year; or an alternative method that yields an accurate measure of compliance. A State or Indian tribe shall be considered to achieve full compliance under paragraph

(1)if— at least 90 percent of building space covered by the code in the preceding year substantially meets all the requirements of the applicable code specified in paragraph (1), or achieves equivalent or greater energy savings level; or the estimated excess energy use of buildings that did not meet the applicable code specified in paragraph

(1)in the preceding year, compared to a baseline of comparable buildings that meet this code, is not more than 5 percent of the estimated energy use of all buildings covered by this code during the preceding year. A State or Indian tribe shall be considered to have made significant progress toward achieving compliance for purposes of paragraph

(1)if the State or Indian tribe— has developed and is implementing a plan for achieving compliance during the 8-year-period beginning on the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2019 , including annual targets for compliance and active training and enforcement programs; and has met the most recent target under subparagraph (A). Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall— determine whether the State or Indian tribe has demonstrated meeting the criteria of this subsection, including accurate measurement of compliance; and if the determination is positive, validate the certification. A State or Indian tribe that has not made a certification required under subsection

(c)or

(d)by the applicable deadline shall submit to the Secretary a report describing— the status of the State or Indian tribe with respect to meeting the requirements and submitting the certification; and a plan for meeting the requirements and submitting the certification. For any State or Indian tribe for which the Secretary has not validated a certification by a deadline under subsection

(c)or (d), the lack of the certification may be a consideration for Federal support authorized under this section for code adoption and compliance activities. In any State or Indian tribe for which the Secretary has not validated a certification under subsection

(c)or (d), a local government may be eligible for Federal support under subsections

(f)and

(g)by meeting the certification requirements of subsections

(c)and (d). Not later than December 31, 2020, and not less frequently than once every 3 years thereafter, the Secretary shall submit to Congress and publish a report describing— the status of model building energy codes; the status of code adoption and compliance in the States and Indian tribes; implementation of this section; and improvements in energy savings over time as result of the targets established under section 307(b)(2). The report shall include estimates of impacts of past action under this section, and potential impacts of further action, on— upfront financial and construction costs, cost benefits and returns (using investment analysis), and lifetime energy use for buildings; resulting energy costs to individuals and businesses; and resulting overall annual building ownership and operating costs. The Secretary shall provide technical assistance to States and Indian tribes to implement the goals and requirements of this section, including procedures and technical analysis for States and Indian tribes— to improve and implement State residential and commercial building energy codes; to demonstrate that the code provisions of the States and Indian tribes achieve equivalent or greater energy savings than the model building energy codes and targets; to document the rate of compliance with a building energy code; and to otherwise promote the design and construction of energy- and water-efficient buildings. The Secretary shall provide incentive funding to States and Indian tribes— to implement the requirements of this section; to improve and implement residential and commercial building energy codes, including increasing and verifying compliance with the codes and training of State, tribal, and local building code officials to implement and enforce the codes; and to promote building energy and water efficiency through the use of the codes and standards. Additional funding shall be provided under this subsection for implementation of a plan to achieve and document full compliance with residential and commercial building energy codes under subsection (d)— to a State or Indian tribe for which the Secretary has validated a certification under subsection

(c)or (d); and in a State or Indian tribe that is not eligible under subparagraph (A), to a local government that is eligible under this section. Of the amounts made available under this subsection, the State or Indian tribe may use amounts required, but not to exceed $750,000 for a State, to train State and local building code officials to implement and enforce codes described in paragraph (2). States may share grants under this subsection with local governments that implement and enforce the codes. The Secretary shall provide technical and financial support for the development of stretch codes and advanced standards for residential and commercial buildings for use as— an option for adoption as a building energy code by local, tribal, or State governments; and guidelines for energy-efficient building design. The stretch codes and advanced standards shall be designed— to achieve substantial energy savings compared to the model building energy codes; and to meet targets under section 307(b), if available, at least 3 to 6 years in advance of the target years. The Secretary, in consultation with building science experts from the National Laboratories and institutions of higher education, designers and builders of energy-efficient residential and commercial buildings, code officials, code and standards developers, and other stakeholders, shall undertake a study of the feasibility, impact, economics, and merit of— code and standards improvements that would require that buildings be designed, sited, and constructed in a manner that makes the buildings more adaptable in the future to become zero-net-energy after initial construction, as advances are achieved in energy-saving technologies; code procedures to incorporate measured lifetimes, not just first-year energy use, in trade-offs and performance calculations; legislative options for increasing energy savings from building energy codes and standards, including additional incentives for effective State and local action, and verification of compliance with and enforcement of a code or standard other than by a State or local government; and code and standards improvements that consider energy efficiency and water efficiency and, to the maximum extent practicable, consider energy efficiency and water efficiency in an integrated manner. Nothing in this section or section 307 supersedes or modifies the application of sections 321 through 346 of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 et seq.). There is authorized to be appropriated to carry out this section and section 307 $200,000,000, to remain available until expended. . Section 305 of the Energy Conservation and Production Act ( 42 U.S.C. 6834 ) is amended by striking voluntary building energy code each place it appears in subsections (a)(2)(B) and

(b)and inserting model building energy code . Section 307 of the Energy Conservation and Production Act ( 42 U.S.C. 6836 ) is amended to read as follows: The Secretary shall support the updating of model building energy codes. The Secretary shall support the updating of the model building energy codes to enable the achievement of aggregate energy savings targets established under paragraph (2). The Secretary shall work with State, Indian tribes, local governments, code and standards developers (such as the entities described in section 303(14)), and other interested parties to support the updating of model building energy codes by establishing one or more national aggregate energy savings targets to achieve the purposes of this section. The Secretary shall establish separate targets for commercial and residential buildings. The baseline for updating model building energy codes shall be the 2009 IECC for residential buildings and ASHRAE Standard 90.1–2010 for commercial buildings. The targets established under subparagraph

(A)shall align with the respective code development cycles determined by the model building energy code-setting and standards development organizations described in section 303(14). Targets for specific years shall be established and revised by the Secretary through rulemaking and coordinated with code and standards developers (such as the entities described in section 303(14)) at a level that— is at the maximum level of energy efficiency that is technologically feasible and lifecycle cost effective, while accounting for the economic considerations under paragraph (4); is higher than the preceding target; promotes the achievement of commercial and residential high-performance buildings (as defined in section 401 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17061 )) through high performance energy efficiency; and takes into consideration the variations in climate zones used in model building energy codes. Not later than 1 year after the date of enactment of this clause, the Secretary shall establish initial targets under this subparagraph. Subject to clause (i), prior to the applicable year, the Secretary may set a later target year for any of the model building energy codes described in subparagraph

(A)if the Secretary determines that a target cannot be met. When establishing targets under this paragraph through rulemaking, the Secretary shall ensure compliance with the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 note; Public Law 104–121 ). In establishing building code targets under paragraph (2), the Secretary shall develop and adjust the targets in recognition of potential savings and costs relating to— efficiency gains made in appliances, lighting, windows, insulation, and building envelope sealing; advancement of distributed generation and on-site renewable power generation technologies; equipment improvements for heating, cooling, and ventilation systems; building management systems and smart technologies to reduce energy use; and other technologies, practices, and building systems that the Secretary considers appropriate regarding building plug load and other energy uses. In establishing and revising building code targets under paragraph (2), the Secretary shall consider the economic feasibility of achieving the proposed targets established under this section and the potential costs and savings for consumers and building owners, including a return on investment analysis. The Secretary shall, on a timely basis, provide technical assistance to model building energy code-setting and standards development organizations consistent with the goals of this section. The assistance shall include, as requested by the organizations, technical assistance in— evaluating code or standards proposals or revisions; building energy and water analysis and design tools; building demonstrations; developing definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes; performance-based standards; evaluating economic considerations under subsection (b)(4); and developing model building energy codes by Indian tribes in accordance with tribal law. The Secretary may submit timely model building energy code amendment proposals to the model building energy code-setting and standards development organizations, with supporting evidence, sufficient to enable the model building energy codes to meet the targets established under subsection (b)(2). The Secretary shall make publicly available the entire calculation methodology (including input assumptions and data) used by the Secretary to estimate the energy savings of code or standard proposals and revisions. If the provisions of the IECC or ASHRAE Standard 90.1 regarding building energy use are proposed to be revised, the Secretary shall make a preliminary determination, by not later than 90 days after the date of receipt of the proposed revision, and a final determination by not later than 15 months after the date of publication of the revision, regarding whether the revision will— improve energy efficiency in buildings, as compared to the existing model building energy code; and meet the applicable targets under subsection (b)(2). If the Secretary makes a preliminary determination under paragraph (1)(B) that a code or standard does not meet an applicable target under subsection (b)(2), the Secretary shall contemporaneously provide to the developer of the model building energy code or standard not fewer than 2 proposed changes that would result in a model building energy code that meets the applicable target, together with supporting evidence, taking into consideration— whether the modified code is technically feasible and lifecycle cost effective; available appliances, technologies, materials, and construction practices; and the economic considerations under subsection (b)(4). Not later than 270 days after the date of receipt of proposed changes of the Secretary under subparagraph (A), a developer shall— determine whether— to publish a new revised code accepting the proposed changes; or to reject the proposed changes; or if the developer elects not to make a determination under clause (i), publish a notice of that election, together with the proposed changes. A final determination by the Secretary shall be made on the model building energy code or standard, as modified by the changes proposed by the Secretary under subparagraph (A). If a model building energy code or standards developer makes an election pursuant to subparagraph (B)(ii), the Secretary shall make the following final determinations for purposes of this subsection: A final determination regarding whether the code or standard of the developer, absent any changes proposed by the Secretary under subparagraph (A), will— improve energy efficiency in buildings, as compared to the existing model building energy code; and meet the applicable targets under subsection (b)(2). A final determination regarding whether the code or standard of the developer, as modified by the changes proposed by the Secretary under subparagraph (A), would— improve energy efficiency in buildings, as compared to the existing model building energy code; and meet the applicable targets under subsection (b)(2). In carrying out this section, the Secretary shall— publish notice of targets and supporting analysis and determinations under this section in the Federal Register to provide an explanation of and the basis for such actions, including any supporting modeling, data, assumptions, protocols, and cost-benefit analysis, including return on investment; and provide an opportunity for public comment on targets and supporting analysis and determinations under this section. .

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