[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5027 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5027

 To promote energy savings in residential and commercial buildings and 
                   industry, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 8, 2014

Mrs. Blackburn (for herself and Mr. Schrader) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To promote energy savings in residential and commercial buildings and 
                   industry, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Energy Savings and 
Building Efficiency Act of 2014''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
                           TITLE I--BUILDINGS

                   Subtitle A--Building Energy Codes

Sec. 101. Greater energy efficiency in building codes.
           Subtitle B--Worker Training and Capacity Building

Sec. 111. Building training and assessment centers.
                        TITLE II--MISCELLANEOUS

Sec. 201. Voluntary nature of building asset rating program.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of Energy.

                           TITLE I--BUILDINGS

                   Subtitle A--Building Energy Codes

SEC. 101. GREATER ENERGY EFFICIENCY IN BUILDING CODES.

    (a) Definitions.--Section 303 of the Energy Conservation and 
Production Act (42 U.S.C. 6832) is amended--
            (1) by striking paragraph (14) and inserting the following:
            ``(14) Model building energy code.--The term `model 
        building energy code' means a voluntary building energy code or 
        standard developed and updated through a consensus process 
        among interested persons, such as the IECC or ASHRAE Standard 
        90.1 or the code used by other appropriate organizations.''; 
        and
            (2) by adding at the end the following:
            ``(17) IECC.--The term `IECC' means the International 
        Energy Conservation Code as published by the International Code 
        Council.
            ``(18) ASHRAE standard 90.1.--The term `ASHRAE Standard 
        90.1' means the American Society of Heating, Refrigerating and 
        Air Conditioning Engineers ANSI/ASHRAE/IESNA Standard 90/1 
        Energy Standard for Buildings Except Low-Rise Residential 
        Buildings.
            ``(19) Indian tribe.--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).
            ``(20) Simple payback.--The term `simple payback' means the 
        time in years that is required for energy savings to exceed the 
        incremental first cost of a new requirement or code.
            ``(21) Technically feasible.--The term `technically 
        feasible' means capable of being achieved, based on widely 
        available appliances/equipment, technologies, materials, and 
        construction practices.''.
    (b) State Building Energy Efficiency Codes.--Section 304 of the 
Energy Conservation and Production Act (42 U.S.C. 6833) is amended to 
read as follows:

``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

    ``(a) In General.--The Secretary shall provide technical 
assistance, as described in subsection (f), for the purposes of--
            ``(1) implementation of building energy codes by States, 
        Indian tribes, and, as appropriate, by local governments that 
        are technically feasible and cost-effective; and
            ``(2) supporting full compliance with the State and local 
        codes.
    ``(b) State and Indian Tribe Certification of Building Energy Code 
Updates.--
            ``(1) Review and updating of codes by each state and indian 
        tribe.--
                    ``(A) In general.--Not later than 3 years after the 
                date on which a model building energy code is 
                published, each State or Indian tribe shall certify 
                whether or not the State or Indian tribe, respectively, 
                has reviewed and updated the energy provisions of the 
                building code of the State or Indian tribe, 
                respectively.
                    ``(B) Demonstration.--The certification shall 
                include a statement of whether or not the energy 
                savings for the code provisions that are in effect 
                throughout the State or Indian tribal territory meet or 
                exceed--
                            ``(i) the energy savings of the most 
                        recently published model building energy code; 
                        or
                            ``(ii) the targets established under 
                        section 307(b)(2).
                    ``(C) No model building energy code update.--If a 
                model building energy code is not updated by a target 
                date established under section 307(b)(2)(D), each State 
                or Indian tribe shall, not later than 3 years after the 
                specified date, certify whether or not 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).
            ``(2) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under paragraph 
        (1), the Secretary shall--
                    ``(A) determine whether the code provisions of the 
                State or Indian tribe, respectively, meet the criteria 
                specified in paragraph (1);
                    ``(B) determine whether the certification submitted 
                by the State or Indian tribe, respectively is complete; 
                and
                    ``(C) if the requirements of subparagraph (B) are 
                satisfied, validate the certification.
            ``(3) Limitation.--Nothing in this section shall be 
        interpreted to require a State or Indian tribe to adopt any 
        building code or provision within a code.
    ``(c) Improvements in Compliance With Building Energy Codes.--
            ``(1) Requirement.--
                    ``(A) In general.--Not later than 3 years after the 
                date of a certification under subsection (b), each 
                State and Indian tribe shall certify whether or not the 
                State and Indian tribe, respectively, has--
                            ``(i) 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
                            ``(ii) 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.
                    ``(B) Repeat certifications.--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.
            ``(2) Measurement of compliance.--A certification under 
        paragraph (1) shall include documentation of the rate of 
        compliance based on--
                    ``(A) inspections of a random sample of the 
                buildings covered by the code in the preceding year; or
                    ``(B) an alternative method that yields an accurate 
                measure of compliance.
            ``(3) Achievement of compliance.--A State or Indian tribe 
        shall be considered to achieve full compliance under paragraph 
        (1) if--
                    ``(A) 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
                    ``(B) 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.
            ``(4) Significant progress toward achievement of 
        compliance.--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--
                    ``(A) has developed and is implementing a plan for 
                achieving compliance during the 8-year period beginning 
                on the date of enactment of this paragraph, including 
                annual targets for compliance and active training and 
                enforcement programs; and
                    ``(B) has met the most recent target under 
                subparagraph (A).
            ``(5) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under paragraph 
        (1), the Secretary shall--
                    ``(A) determine whether the State or Indian tribe 
                has demonstrated meeting the criteria of this 
                subsection, including accurate measurement of 
                compliance;
                    ``(B) determine whether the certification submitted 
                by the State or Indian tribe is complete; and
                    ``(C) if the requirements of subparagraph (B) are 
                satisfied, validate the certification.
            ``(6) Limitation.--Nothing in this section shall be 
        interpreted to require a State or Indian tribe to adopt any 
        building code or provision within a code.
    ``(d) States or Indian Tribes That Do Not Achieve Compliance.--
            ``(1) Reporting.--A State or Indian tribe that has not made 
        a certification required under subsection (b) or (c) by the 
        applicable deadline shall submit to the Secretary a report on 
        the status of the State or Indian tribe with respect to meeting 
        the requirements and submitting the certification.
            ``(2) State sovereignty.--Nothing in this section shall be 
        interpreted to require a State or Indian tribe to adopt any 
        building code or provision within a code.
            ``(3) Local government.--In any State or Indian tribe for 
        which the Secretary has not validated a certification under 
        subsection (b) or (c), a local government may be eligible for 
        Federal support by meeting the certification requirements of 
        subsections (b) and (c).
            ``(4) Annual reports by secretary.--
                    ``(A) In general.--The Secretary shall annually 
                submit to Congress, and publish in the Federal 
                Register, a report on--
                            ``(i) the status of model building energy 
                        codes;
                            ``(ii) the status of code adoption and 
                        compliance in the States and Indian tribes;
                            ``(iii) implementation of this section; and
                            ``(iv) improvements in energy savings over 
                        time as a result of the targets established 
                        under section 307(b)(2).
                    ``(B) Impacts.--The report shall include estimates 
                of impacts of past action under this section, and 
                potential impacts of further action, on--
                            ``(i) upfront financial and construction 
                        costs, cost benefits and returns (using a 
                        return on investment analysis), and lifetime 
                        energy use for buildings;
                            ``(ii) resulting energy costs to 
                        individuals and businesses; and
                            ``(iii) resulting overall annual building 
                        ownership and operating costs.
    ``(e) Technical Assistance to States and Indian Tribes.--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--
            ``(1) to implement State residential and commercial 
        building energy codes; and
            ``(2) to document the rate of compliance with a building 
        energy code.
    ``(f) Technical Assistance to States and Indian Tribes.--
            ``(1) In general.--The Secretary shall, upon request, 
        provide technical assistance to States and Indian tribes to 
        implement the goals and requirements of this section--
                    ``(A) to implement State residential and commercial 
                building energy codes; and
                    ``(B) to document the rate of compliance with a 
                building energy code.
            ``(2) Technical assistance.--The assistance shall include, 
        as requested by the State or Indian tribe, technical assistance 
        in--
                    ``(A) evaluating the energy savings of building 
                energy codes;
                    ``(B) assessing the economic considerations, 
                referenced in section 307(b)(4), of implementing 
                building energy codes;
                    ``(C) building energy analysis and design tools;
                    ``(D) energy simulation models;
                    ``(E) building demonstrations;
                    ``(F) developing the 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; and
                    ``(G) complying with a performance-based pathway 
                referenced in the model code.
            ``(3) Exclusion.--For purposes of this section, `technical 
        assistance' shall not include actions that advocate, promote, 
        or discourage the adoption of a particular building energy 
        code, code provision, or energy savings target to a State or 
        Indian tribe.
            ``(4) Information quality and transparency.--For purposes 
        of this section, information provided by the Secretary, 
        attendant to any technical assistance provided to a State or 
        Indian tribe, is `influential information' and shall satisfy 
        the guidelines established by the Office of Management and 
        Budget and published at 67 Federal Register 8,452 (Feb. 22, 
        2002).
    ``(g) Federal Support.--
            ``(1) In general.--The Secretary shall provide support to 
        States and Indian tribes--
                    ``(A) to implement the reporting requirements of 
                this section; and
                    ``(B) to 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.
            ``(2) Exclusion.--Support shall not be given to support 
        adoption and implementation of model building energy codes for 
        which the Secretary has made a determination under section 
        307(d)(1)(C), that the code is not cost-effective.
            ``(3) Training.--Support shall be offered to States, to 
        train State and local building code officials to implement and 
        enforce codes described in paragraph (2).
            ``(4) Local governments.--States may work under this 
        subsection with local governments that implement and enforce 
        the codes.
    ``(h) Voluntary Programs To Exceed Model Building Energy Code.--
            ``(1) In general.--The Secretary shall provide technical 
        assistance, as described in subsection (f), for the development 
        of voluntary programs that exceed the model building energy 
        codes for residential and commercial buildings for use as--
                    ``(A) voluntary incentive programs adopted by 
                local, tribal, or State governments; and
                    ``(B) non-binding guidelines for energy-efficient 
                building design.
            ``(2) Targets.--The voluntary programs described in 
        paragraph (1) shall be designed--
                    ``(A) to achieve substantial energy savings 
                compared to the model building energy codes; and
                    ``(B) to meet targets under section 307(b), if 
                available, up to 3 to 6 years in advance of the target 
                years.
    ``(i) Studies.--
            ``(1) GAO study.--
                    ``(A) The Comptroller General of the United States 
                shall conduct a study of the impacts of updating the 
                national model building energy codes for residential 
                and commercial buildings. In conducting the study, the 
                Comptroller General shall consider and report, at a 
                minimum--
                            ``(i) the actual energy consumption savings 
                        stemming from updated energy codes compared to 
                        the energy consumption savings predicted during 
                        code development;
                            ``(ii) the actual consumer cost savings 
                        stemming from updated energy codes compared to 
                        predicted consumer cost savings; and
                            ``(iii) an accounting of expenditures of 
                        the Federal funds under each program authorized 
                        by the title or by amendments made by this 
                        title.
                    ``(B) Report to congress.--Not later than 3 years 
                after the date of enactment of this Act, the 
                Comptroller General of the United States shall submit a 
                report to the Committee on Energy and Natural Resources 
                of the Senate and the Committee on Energy and Commerce 
                of the House of Representatives including the study 
                findings and conclusions.
            ``(2) Feasibility study.--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, and other stakeholders, shall undertake a study of 
        the feasibility, impact, economics, and merit of--
                    ``(A) code 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;
                    ``(B) code procedures to incorporate a ten-year 
                payback, not just first-year energy use, in trade-offs 
                and performance calculations; and
                    ``(C) legislative options for increasing energy 
                savings from building energy codes, including 
                additional incentives for effective State and local 
                verification of compliance with and enforcement of a 
                code.
            ``(3) Energy data in multi-tenant buildings.--The 
        Secretary, in consultation with appropriate representatives of 
        the utility, utility regulatory, building ownership, and other 
        stakeholders, shall--
                    ``(A) undertake a study of best practices regarding 
                delivery of aggregated energy consumption information 
                to owners and managers of residential and commercial 
                buildings with multiple tenants and uses; and
                    ``(B) consider the development of a memorandum of 
                understanding between and among affected stakeholders 
                to reduce barriers to the delivery of aggregated energy 
                consumption information to such owners and managers.
    ``(j) Effect on Other Laws.--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.).
    ``(k) Funding Limitations.--No Federal funds shall be used to 
support actions by the Secretary, or States, to advocate, promote, or 
discourage the adoption of a particular building energy code, code 
provision, or energy saving target to a State or Indian tribe; or be 
provided to private third parties or non-governmental organizations 
that engage in this type of advocacy.''.
    (c) Federal Building Energy Efficiency Standards.--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''.
    (d) Model Building Energy Codes.--Section 307 of the Energy 
Conservation and Production Act (42 U.S.C. 6836) is amended to read as 
follows:

``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.

    ``(a) In General.--The Secretary shall provide technical 
assistance, as described in subsection (c), for updating of model 
building energy codes.
    ``(b) Targets.--
            ``(1) In general.--The Secretary shall provide technical 
        assistance, for updating the model building energy codes.
            ``(2) Targets.--
                    ``(A) In general.--The Secretary shall provide 
                technical assistance, to States, Indian tribes, local 
                governments, nationally recognized code and standards 
                developers, and other interested parties for updating 
                of model building energy codes by establishing one or 
                more aggregate energy savings targets through 
                rulemaking in accordance with section 553 of title 5, 
                United States Code, to achieve the purposes of this 
                section.
                    ``(B) Separate targets.--Separate targets may be 
                established for commercial and residential buildings.
                    ``(C) Baselines.--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.
                    ``(D) Specific years.--
                            ``(i) In general.--Targets for specific 
                        years shall be established and revised by the 
                        Secretary through rulemaking in accordance with 
                        section 553 of title 5, United States Code, and 
                        coordinated with nationally recognized code and 
                        standards developers at a level that--
                                    ``(I) is at the maximum level of 
                                energy efficiency that is technically 
                                feasible and cost effective, while 
                                accounting for the economic 
                                considerations under paragraph (4); and
                                    ``(II) promotes the achievement of 
                                commercial and residential high 
                                performance buildings through high 
                                performance energy efficiency (within 
                                the meaning of section 401 of the 
                                Energy Independence and Security Act of 
                                2007 (42 U.S.C. 17061)).
                            ``(ii) Initial targets.--Not later than 1 
                        year after the date of enactment of this 
                        clause, the Secretary shall establish initial 
                        targets under this subparagraph.
                            ``(iii) Different target years.--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.
                    ``(E) Small business.--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) for any indirect economic 
                effect on small entities that is reasonably foreseeable 
                and a result of such rule.
            ``(3) Appliance standards and other factors affecting 
        building energy use.--In establishing energy savings targets 
        under paragraph (2), the Secretary shall develop and adjust the 
        targets in recognition of potential savings and costs relating 
        to--
                    ``(A) efficiency gains made in appliances, 
                lighting, windows, insulation, and building envelope 
                sealing;
                    ``(B) advancement of distributed generation and on-
                site renewable power generation technologies;
                    ``(C) equipment improvements for heating, cooling, 
                ventilation systems and water heating systems;
                    ``(D) building management systems and SmartGrid 
                technologies to reduce energy use; and
                    ``(E) other technologies, practices, and building 
                systems regarding building plug load and other energy 
                uses.
        In developing and adjusting the targets, the Secretary shall 
        use climate zone weighted averages for equipment efficiency for 
        heating, cooling, ventilation systems and water heating 
        systems, using equipment that is actually installed.
            ``(4) Economic considerations.--In establishing and 
        revising energy savings 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, 
        by conducting a return on investment analysis, using a simple 
        payback methodology over a 3-, 5-, and 7-year period. The 
        Secretary shall not propose or provide technical or financial 
        assistance for any code, provision in the code, or energy 
        target, or amendment thereto that has a payback greater than 10 
        years.
    ``(c) Technical Assistance to Model Building Energy Code-Setting 
and Standard Development Organizations.--
            ``(1) In general.--The Secretary shall, on a timely basis, 
        provide technical assistance to modelment organizations 
        consistent to implement the goals of this section.
            ``(2) Technical assistance.--The assistance shall include, 
        as requested by the organizations, technical assistance in--
                    ``(A) evaluating the energy savings of building 
                energy codes;
                    ``(B) assessing the economic considerations, under 
                subsection (b)(4), of code or standards proposals or 
                revisions;
                    ``(C) building energy analysis and design tools;
                    ``(D) energy simulation models;
                    ``(E) building demonstrations;
                    ``(F) 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;
                    ``(G) developing a performance-based pathway for 
                compliance; and
                    ``(H) developing model building energy codes by 
                Indian tribes in accordance with tribal law.
            ``(3) Exclusion.--For purposes of this section, `technical 
        assistance' shall not include actions that advocate, promote, 
        or discourage the adoption of a particular building energy 
        code, code provision, or energy savings target.
            ``(4) Information quality and transparency.--For purposes 
        of this section, information provided by the Secretary, 
        attendant to development of any energy savings targets, is 
        `influential information' and shall satisfy the guidelines 
        established by the Office of Management and Budget and 
        published at 67 Federal Register 8,452 (Feb. 22, 2002).
    ``(d) Amendment Proposals.--
            ``(1) In general.--The Secretary may submit timely model 
        building energy code amendment proposals to the model building 
        energy code-setting and standard development organizations, 
        with supporting evidence, sufficient to enable the model 
        building energy codes to meet the targets established under 
        subsection (b)(2).
            ``(2) Process and factors.--Amendment proposals submitted 
        by the Secretary shall follow rulemaking in accordance with 
        section 553 of title 5, United States Code, and the factors and 
        standards set forth in subsections (b)(2)(E), (b)(3), and 
        (b)(4). Information provided by the Secretary, attendant to 
        submission of any amendment proposals, is `influential 
        information', and shall satisfy the guidelines established by 
        the Office of Management and Budget and published at 67 Federal 
        Register 8,452 (Feb. 22, 2002). When calculating the costs and 
        benefits of an amendment, the Secretary shall use climate zone 
        weighted averages for equipment efficiency for heating, 
        cooling, ventilation systems and water heating systems, using 
        equipment that is actually installed.
    ``(e) Analysis Methodology.--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.
    ``(f) Methodology Development.--The Secretary shall establish a 
methodology for evaluating cost-effectiveness of energy code changes in 
multifamily buildings that incorporates economic parameters 
representative of typical multifamily buildings.
    ``(g) Determination.--
            ``(1) Revision of model building energy codes.--If the 
        provisions of the IECC or ASHRAE Standard 90.1 regarding 
        building energy use are revised, the Secretary shall make a 
        preliminary determination not later than 90 days after the date 
        of the revision, and a final determination not later than 15 
        months after the date of the revision, on whether or not the 
        revision--
                    ``(A) improves energy efficiency in buildings 
                compared to the existing model building energy code;
                    ``(B) meets the applicable targets under subsection 
                (b)(2); and
                    ``(C) is technically feasible and cost-effective.
            ``(2) Codes or standards not meeting criteria.--
                    ``(A) In general.--If the Secretary makes a 
                preliminary determination under paragraph (1)(B) that a 
                code or standard does not meet the targets established 
                under subsection (b)(2), is not technically feasible, 
                or is not cost-effective, the Secretary may at the same 
                time provide technical assistance, as described in 
                subsection (c), to the model building energy code or 
                standard developer, with proposed changes that would 
                result in a model building energy code that meets the 
                criteria and with supporting evidence. Proposed changes 
                submitted by the Secretary shall follow rulemaking in 
                accordance with section 553 of title 5, United States 
                Code, and the factors and standards set forth in 
                subsections (b)(2)(E), (b)(3), and (b)(4). Information 
                provided by the Secretary, attendant to submission of 
                any amendment proposals, is `influential information', 
                and shall satisfy the guidelines established by the 
                Office of Management and Budget and published at 67 
                Federal Register 8,452 (Feb. 22, 2002).
                    ``(B) Incorporation of changes.--
                            ``(i) In general.--On receipt of the 
                        technical assistance, as described in 
                        subsection (c), the model building energy code 
                        or standard developer shall have an additional 
                        270 days to accept or reject the proposed 
                        changes of the Secretary the model building 
                        energy code or standard for the Secretary to 
                        make a final determination.
                            ``(ii) Final determination.--A final 
                        determination under paragraph (1) shall be on 
                        the modified model building energy code or 
                        standard.
    ``(h) Administration.--In carrying out this section, the Secretary 
shall--
            ``(1) publish notice of targets, amendment proposals 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
            ``(2) provide an opportunity for public comment on targets, 
        amendment proposals and supporting analysis and determinations 
        under this section, in accordance with section 553 of title 5, 
        United States Code.
    ``(i) Voluntary Codes and Standards.--Not withstanding any other 
provision of this section, any model building code or standard 
established under this section shall not be binding on a State, local 
government, or Indian tribe as a matter of Federal law.''.

           Subtitle B--Worker Training and Capacity Building

SEC. 111. BUILDING TRAINING AND ASSESSMENT CENTERS.

    The Secretary shall provide grants to institutions of higher 
education (as defined in section 101 of the Higher Education Act of 
1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as defined 
in section 316(b) of that Act (20 U.S.C. 1059c(b))) to establish 
building training and assessment centers--
            (1) to identify opportunities for optimizing energy 
        efficiency and environmental performance in buildings;
            (2) to promote the application of emerging concepts and 
        technologies in commercial and institutional buildings; and
            (3) to train engineers, architects, building scientists, 
        building energy permitting and enforcement officials, and 
        building technicians in energy-efficient design and operation.

                        TITLE II--MISCELLANEOUS

SEC. 201. VOLUNTARY NATURE OF BUILDING ASSET RATING PROGRAM.

    (a) In General.--Any program of the Secretary that may enable the 
owner of a commercial building or a residential building to obtain a 
rating, score, or label regarding the actual or anticipated energy 
usage or performance of a building shall be made available on a 
voluntary, optional, and market-driven basis.
    (b) Disclaimer as to Regulatory Intent.--Information disseminated 
by the Secretary regarding the program described in subsection (a), 
including any information made available by the Secretary on a website, 
shall include language plainly stating that such program is not 
developed or intended to be the basis for a regulatory program by a 
Federal, State, local, or municipal government body.
                                 <all>