[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2078 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2078

   To require updating of State building energy efficiency codes and 
                               standards.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2007

  Mr. Schumer introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To require updating of State building energy efficiency codes and 
                               standards.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES AND 
              STANDARDS.

    (a) Updating National Model Building Energy Codes and Standards.--
            (1) Updating.--
                    (A) In general.--The Secretary shall facilitate the 
                updating of national model building energy codes and 
                standards at least every 3 years to achieve overall 
                energy savings, compared to the 2006 International 
                Energy Conservation Code (referred to in this section 
                as the ``IECC'') for residential buildings and ASHRAE/
                IES Standard 90.1 (2004) for commercial buildings, of 
                at least--
                            (i) 30 percent by 2015; and
                            (ii) 50 percent by 2022.
                    (B) Modification of goal.--If the Secretary 
                determines that the goal referred to in subparagraph 
                (A)(ii) cannot be achieved using existing technology, 
                or would not be lifecycle cost effective, the Secretary 
                shall establish, after providing notice and an 
                opportunity for public comment, a revised goal that 
                ensures the maximum level of energy efficiency that is 
                technologically feasible and lifecycle cost effective.
            (2) Revision of codes and standards.--
                    (A) In general.--If the IECC or ASHRAE/IES Standard 
                90.1 regarding building energy use is revised, not 
                later than 1 year after the date of the revision, the 
                Secretary shall determine whether the revision will--
                            (i) improve energy efficiency in buildings; 
                        and
                            (ii) meets the targets established under 
                        paragraph (1).
                    (B) Revision by secretary.--
                            (i) In general.--If the Secretary makes a 
                        determination under subparagraph (A)(ii) that a 
                        code or standard does not meet the targets 
                        established under paragraph (1), or if a 
                        national model code or standard is not updated 
                        for more than 3 years, not later than 2 years 
                        after the determination or the expiration of 
                        the 3-year period, the Secretary shall amend 
                        the IECC or ASHRAE/IES Standard 90.1 (as in 
                        effect on the date on which the determination 
                        is made) to establish a modified code or 
                        standard that meets the targets established 
                        under paragraph (1).
                            (ii) Baseline.--The modified code or 
                        standard shall serve as the baseline for the 
                        next determination under subparagraph (A)(i).
                    (C) Notice and comment.--The Secretary shall--
                            (i) publish in the Federal Register notice 
                        of targets, determinations, and modified codes 
                        and standards under this subsection; and
                            (ii) provide the opportunity for public 
                        comment on targets, determinations, and 
                        modified codes and standards under this 
                        subsection.
    (b) State Certification of Building Energy Code Updates.--
            (1) State certification.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, each State shall certify 
                to the Secretary that the State has reviewed and 
                updated the residential and commercial building code of 
                the State regarding energy efficiency.
                    (B) Energy savings.--The certification shall 
                include a demonstration that the code of the State--
                            (i) meets or exceeds the 2006 IECC for 
                        residential buildings and the ASHRAE/IES 
                        Standard 90.1-2004 for commercial buildings; or
                            (ii) achieves equivalent or greater energy 
                        savings.
            (2) Revision of codes and standards.--
                    (A) In general.--If the Secretary makes an 
                affirmative determination under subsection (a)(2)(A)(i) 
                or establishes a modified code or standard under 
                subsection (a)(2)(B), not later than 2 years after the 
                determination or proposal, each State shall certify 
                that the State has reviewed and updated the building 
                code of the State regarding energy efficiency.
                    (B) Energy savings.--The certification shall 
                include a demonstration that the code of the State--
                            (i) meets or exceeds the revised code or 
                        standard; or
                            (ii) achieves equivalent or greater energy 
                        savings.
                    (C) Review and updating by states.--If the 
                Secretary fails to make a determination under 
                subsection (a)(2)(A)(i) by the date specified in 
                subsection (a)(2) or makes a negative determination 
                under subsection (a)(2)(A), not later 3 years after the 
                specified date or the date of the determination, each 
                State shall certify that the State has--
                            (i) reviewed the revised code or standard; 
                        and
                            (ii) updated the building code of the State 
                        regarding energy efficiency to--
                                    (I) meet or exceed any provisions 
                                found to improve energy efficiency in 
                                buildings; or
                                    (II) achieve equivalent or greater 
                                energy savings in other ways.
    (c) State Certification of Compliance With Building Codes.--
            (1) In general.--Not later than 3 years after a 
        certification of a State under subsection (b), the State shall 
        certify that the State has achieved compliance with the 
        certified building energy code.
            (2) Rate of compliance.--The certification shall include 
        documentation of the rate of compliance based on independent 
        inspections of a random sample of the new and renovated 
        buildings covered by the code during the preceding year.
            (3) Compliance.--A State shall be considered to achieve 
        compliance with the certified building energy code under 
        paragraph (1) if--
                    (A) at least 90 percent of new and renovated 
                buildings covered by the code during the preceding year 
                substantially meet all the requirements of the code; or
                    (B) the estimated excess energy use of new and 
                renovated buildings that did not meet the code during 
                the preceding year, compared to a baseline of 
                comparable buildings that meet the code, is not more 
                than 10 percent of the estimated energy use of all new 
                and renovated buildings covered by the code during the 
                preceding year.
    (d) Failure To Meet Deadlines.--
            (1) Reports.--A State that has not made a certification 
        required under subsection (b) or (c) by the applicable deadline 
        shall submit to the Secretary a report on--
                    (A) the status of the State with respect to 
                completing and submitting the certification; and
                    (B) a plan of the State for completing and 
                submitting the certification.
            (2) Extensions.--The Secretary shall permit an extension of 
        an applicable deadline for a certification requirement under 
        subsection (b) or (c) for not more than 1 year if a State 
        demonstrates in the report of the State under paragraph (1) 
        that the State has made--
                    (A) a good faith effort to comply with the 
                requirements; and
                    (B) significant progress in complying with the 
                requirements, including by developing and implementing 
                a plan to achieve that compliance.
            (3) Noncompliance by state.--Any State for which the 
        Secretary has not accepted a certification by a deadline 
        established under subsection (b) or (c), with any extension 
        granted under paragraph (2), shall be considered not in 
        compliance with this section.
            (4) Compliance by local governments.--In any State that is 
        not in compliance with this section, a local government of the 
        State may comply with this section by meeting the certification 
        requirements under subsections (b) and (c).
            (5) Annual compliance reports.--
                    (A) In general.--The Secretary shall annually 
                submit to Congress a report that contains, and publish 
                in the Federal Register, a list of--
                            (i) each State (including local governments 
                        in a State, as applicable) that is in 
                        compliance with the requirements of this 
                        section; and
                            (ii) each State that is not in compliance 
                        with those requirements.
                    (B) Inclusion.--For each State included on a list 
                described in subparagraph (A)(ii), the Secretary shall 
                include an estimate of--
                            (i) the increased energy use by buildings 
                        in that State due to the failure of the State 
                        to comply with this section; and
                            (ii) the resulting increase in energy costs 
                        to individuals and businesses.
    (e) Technical Assistance.--
            (1) In general.--The Secretary shall provide technical 
        assistance (including building energy analysis and design 
        tools, building demonstrations, and design assistance and 
        training) to enable the national model building energy codes 
        and standards to meet the targets established under subsection 
        (a)(1).
            (2) Assistance to states.--The Secretary shall provide 
        technical assistance to States to--
                    (A) implement this section, including procedures 
                for States to demonstrate that the codes of the States 
                achieve equivalent or greater energy savings than the 
                national model codes and standards;
                    (B) improve and implement State residential and 
                commercial building energy efficiency codes; and
                    (C) otherwise promote the design and construction 
                of energy efficient buildings.
    (f) Availability of Incentive Funding.--
            (1) In general.--The Secretary shall provide incentive 
        funding to States to--
                    (A) implement this section; and
                    (B) improve and implement State residential and 
                commercial building energy efficiency codes, including 
                increasing and verifying compliance with the codes.
            (2) Factors.--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--
                    (A) implement this section;
                    (B) improve and implement residential and 
                commercial building energy efficiency codes; and
                    (C) promote building energy efficiency through the 
                use of the codes.
            (3) Additional funding.--The Secretary shall provide 
        additional funding 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 2006 IECC, or any 
                        succeeding version of that code that has 
                        received an affirmative determination from the 
                        Secretary under subsection (a)(2)(A)(i); and
                            (ii) a commercial building energy 
                        efficiency code that meets or exceeds the 
                        requirements of the ASHRAE/IES Standard 90.1-
                        2004, or any succeeding version of that 
                        standard that has received an affirmative 
                        determination from the Secretary under 
                        subsection (a)(2)(A)(i); 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).
            (4) Training.--Of the amounts made available under this 
        subsection, the Secretary may use to train State and local 
        officials to implement codes described in paragraph (3) at 
        least $500,000 for each fiscal year.
            (5) Authorization of appropriations.--
                    (A) In general.--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) Limitation.--Funding provided to States under 
                paragraph (3) for each fiscal year shall not exceed \1/
                2\ of the excess of funding under this subsection over 
                $5,000,000 for the fiscal year.
    (g) Technical Correction.--Section 303 of the Energy Conservation 
and Production Act (42 U.S.C. 6832) is amended by adding at the end the 
following:
            ``(17) IECC.--The term `IECC' means the International 
        Energy Conservation Code.''.
                                 <all>