Sec. 301. Energy saving building codes
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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 periodic revision of model building energy codes to significantly enhance energy and water use efficiency, to enable the achievement of aggregate energy savings targets established under subsection
(b)and, by 2030, to enable adoption of codes that would require zero energy ready buildings. The targets for aggregate national energy savings (not including onsite power production) of buildings under a code compared to buildings under the baseline in paragraph
(2)shall be the percentages specified in the following table: Model codes issued by: Percentage: 2023 20 2026 35 2029 50 The baseline shall be the 2018 IECC for residential buildings and ASHRAE Standard 90.1–2016 for commercial buildings. The Secretary may modify the targets at least 3 years prior to the target dates, provided that the Secretary— may set different targets for residential and commercial buildings; may adopt different metrics or baselines; may set further targets after 2029; and may not weaken the 2029 target or modify earlier targets to be inconsistent with meeting the 2029 target. 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; and developing model building energy codes by Indian tribes in accordance with Tribal law. The Secretary shall 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). The Secretary shall evaluate each proposed and final revision of a nationally recognized model building energy code to determine whether the proposed or final revision will meet the targets under subsection (b). The Secretary shall make an initial determination and communicate that determination to the model codes or standards organization and the public not later than 90 days after the date of receipt of each proposed revision. If the Secretary determines that the proposed revision would not meet the applicable target, the Secretary shall, within an additional 90 days, convey to the model codes or standards organization proposed modifications to the proposed code sufficient to meet the target. The Secretary shall make a final determination and communicate it to the model codes or standards organization and the public by not later than 180 days after the date of publication of the revision. The Secretary may separately make a determination on the code or standard with optional appendices, or on other options published by the model codes or standards organization. If the Secretary makes a final determination that a model building energy code revision does not meet the applicable target, the Secretary shall within 6 months of the date of the determination and after notice and comment— designate a model code (including any appendix or options) that meets the target; issue amendments to the revision with which it meets the target; or issue an alternative model building energy code sufficient to meet the target. If a model building energy code is not revised by the target date, the Secretary shall within 6 months of the target date designate, issue amendments to the last adopted version of the model building energy code, or issue an alternative model building energy code as under paragraph (1). The Secretary shall make any amendments or alternative model building energy code made pursuant to this subsection publicly available without charge. The Secretary shall provide technical and financial support for the development of stretch codes and advanced standards, which may build on the model building energy codes, 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— zero-net-energy residential and commercial buildings; and zero-energy-ready residential and commercial buildings prior to 2029. . 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 304 of the Energy Conservation and Production Act ( 42 U.S.C. 6833 ) is amended to read as follows: 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 most recently adopted model building energy codes, or achieve equivalent or greater energy savings; and support full compliance with the State and local codes. Not later than 1 year after the date of a positive determination under section 307(d)(2)(B) or of issuance of an alternative under section 307(e), each State and Indian tribe shall certify to the Secretary whether the State or Indian tribe, respectively, has adopted the revised model building energy code or alternative issued under section 307(e). Each State or Indian tribe that has not adopted the revised model building energy code may submit a demonstration to the Secretary that 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 revised model building energy code or alternative issued under section 307(e). If the Secretary does not issue a positive determination or an alternative under section 307(e), each State and Indian tribe shall within 3 years of the target date under section 307(b) submit a demonstration to the Secretary that the energy savings for the code provisions that are in effect throughout the territory of the State or Indian tribe meet or exceed the target. 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 adopted the revised building code or alternative issued under section 307(e), or successfully made an alternative demonstration under paragraph (1)(B) or (1)(C), and, upon a positive determination, validate the State code as energy efficient. Not later than December 31, 2024, and every 3 years thereafter, the Secretary shall analyze compliance in each State and Tribal nation with the applicable validated building energy code and shall validate compliance if— the State or Indian tribe has achieved full compliance under paragraph (3); or the State has demonstrated that it is implementing a plan to achieve compliance pursuant to paragraph (4). An analysis 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 a 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; 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 be implementing a plan to achieve compliance for purposes of paragraph
(1)if the State or Indian tribe is implementing and has met the most recent performance targets in a plan that meets the criteria in subparagraph (B). The Secretary shall set criteria for plans under this paragraph. A plan to achieve compliance must— show full compliance by 2030; include annual performance targets for compliance and other metrics; provide for training of code officials and builders, contractors and subcontractors, and design professionals; make compliance data transparent; and provide funding for compliance and enforcement programs. For any State or Indian tribe for which the Secretary has not validated certification or compliance by a deadline under subsection
(b)or (c), the lack of validated certification or compliance may be a basis for withholding Federal financial support related to energy or buildings. In any State or Indian tribe for which the Secretary has not validated certification or compliance under subsection
(b)or (c), a local government shall be eligible for Federal support under subsections
(e)and
(f)by demonstrating compliance under subsections
(b)and (c). 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 (c)— to a State or Indian tribe for which the Secretary has validated a certification or compliance under subsection
(b)or (c); and in a State or Indian tribe that is not eligible under subparagraph (A), to a local government that is eligible under this section. The State or Indian tribe may use a portion of the amounts made available under this subsection 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 assistance to States and Indian tribes to implement the goals and requirements of this section. Not later than 3 years after the date of enactment of the CLEAN Future Act , 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 section 307; and improvements in energy savings over time as result of the targets established under section 307(b). 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; 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 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 building energy code or standard developed and updated for use by State, Tribal, or local governments through a consensus process among interested persons. ; 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 ). The term zero energy ready building means a highly efficient building that could meet the balance of energy needs from onsite or nearby sources of energy that do not produce greenhouse gases. . Section 327(f) of the Energy Policy and Conservation Act ( 42 U.S.C. 6297(f) ) is amended— in paragraph (3)— by striking subparagraphs
(A)through
(F)and inserting the following: The code does not require that the covered product have an energy efficiency exceeding all of the following levels: The applicable energy conservation standard under section 325. The level required by a regulation of the State for which the Secretary has granted a waiver under subsection (d). The level set under a national model building energy code (as defined in section 303 of the Energy Conservation and Production Act) or that is issued by the Secretary (including an alternative or amendment to such code issued by the Secretary under section 307(e) of such Act). If an energy consumption or conservation objective in the code is determined using covered products, including any baseline building designs against which all submitted building designs are to be evaluated, the objective is determined using covered products having efficiencies not exceeding one of the levels specified in subparagraph (A). If the code sets forth multiple options for meeting an energy efficiency requirement, there is at least 1 option for which no covered product has a specified efficiency exceeding all of the levels specified in subparagraph (A). ; and by redesignating subparagraph
(G)as subparagraph (D); and by striking paragraph (4).
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Sec. 301
Energy saving building codes
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