1.Updating State building
energy efficiency codes and standards
(a)Updating
national model building energy codes and standards
(1)
(A)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)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)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)
(i)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)The
modified code or standard shall serve as the baseline for the next
determination under subparagraph (A)(i).
(C)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)
(A)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)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)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)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 StatesIf 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)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)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)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)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)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)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 governmentsIn 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)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)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)
(1)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)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)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)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)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)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)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 (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)Section 303 of the Energy Conservation and Production
Act (42 U.S.C. 6832) is amended by adding at the end the following:
(17)The
term IECC means the International Energy Conservation
Code.
.