[Congressional Record Volume 166, Number 44 (Thursday, March 5, 2020)]
[Senate]
[Pages S1604-S1606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1514. Mr. PORTMAN (for himself and Mrs. Shaheen) proposed an
amendment to amendment SA 1407 proposed by Ms. Murkowski to the bill S.
2657, to support innovation in advanced geothermal research and
development, and for other purposes; as follows:
At the end of chapter 1 of subpart A of part I of subtitle
A of title I, add the following:
SEC. 10__. GREATER ENERGY EFFICIENCY IN BUILDING CODES.
(a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) (as amended by section
1034(a)) is amended--
(1) by striking paragraph (17) (as redesignated by that
section) and inserting the following:
``(17) Model building energy code.--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--
``(A) the Council of American Building Officials, or its
legal successor, International Code Council, Inc.;
``(B) the American Society of Heating, Refrigerating, and
Air-Conditioning Engineers; or
``(C) other appropriate organizations.'';
(2) by redesignating paragraphs (11) through (17) (as
amended by that section) as paragraphs (13) through (19),
respectively; and
(3) by inserting after paragraph (10) (as redesignated by
that section) the following:
``(11) IECC.--The term `IECC' means the International
Energy Conservation Code.
``(12) 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).''.
(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) Action by Secretary.--The Secretary shall--
``(1) 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
``(2) support 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 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.
``(B) Demonstration.--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.
``(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)(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).
``(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); and
``(B) if the determination is positive, validate the
certification.
``(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 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) independent 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 the American Energy Innovation Act
of 2020, 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; and
``(B) if the determination is positive, validate the
certification.
``(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
describing--
``(A) the status of the State or Indian tribe with respect
to meeting the requirements and submitting the certification;
and
``(B) a plan for meeting the requirements and submitting
the certification.
``(2) Federal support.--For any State or Indian tribe for
which the Secretary has not validated a certification by a
deadline under subsection (b) or (c), the lack of the
certification may be a consideration for Federal support
authorized under this section for code adoption and
compliance activities.
``(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 under subsections (e) and (f) by meeting the
certification requirements of subsections (b) and (c).
``(4) Reports by secretary.--
``(A) In general.--Not later than December 31, 2021, and
not less frequently than once every 3 years thereafter, the
Secretary shall
[[Page S1605]]
submit to Congress and publish a report describing--
``(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 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 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 improve and implement State residential and
commercial building energy codes;
``(2) 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;
``(3) to document the rate of compliance with a building
energy code; and
``(4) to otherwise promote the design and construction of
energy- and water-efficient buildings.
``(f) Availability of Incentive Funding.--
``(1) In general.--The Secretary shall provide incentive
funding to States and Indian tribes--
``(A) to implement the requirements of this section;
``(B) 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
``(C) to promote building energy and water efficiency
through the use of the codes and standards.
``(2) Additional funding.--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)--
``(A) to a State or Indian tribe for which the Secretary
has validated a certification under subsection (b) or (c);
and
``(B) in a State or Indian tribe that is not eligible under
subparagraph (A), to a local government that is eligible
under this section.
``(3) Training.--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).
``(4) Local governments.--States may share grants under
this subsection with local governments that implement and
enforce the codes.
``(g) Stretch Codes and Advanced Standards.--
``(1) In general.--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--
``(A) an option for adoption as a building energy code by
local, tribal, or State governments; and
``(B) guidelines for energy-efficient building design.
``(2) Targets.--The stretch codes and advanced standards
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,
at least 3 to 6 years in advance of the target years.
``(h) Studies.--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--
``(1) 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;
``(2) code procedures to incorporate measured lifetimes,
not just first-year energy use, in trade-offs and performance
calculations;
``(3) 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
``(4) 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.
``(i) 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.).
``(j) Voluntary Provisions.--Nothing in this section shall
be binding on a State, local government, or Indian tribe as a
matter of Federal law.
``(k) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section and section 307
$200,000,000, to remain available until expended.''.
(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 support the updating
of model building energy codes.
``(b) Targets.--
``(1) In general.--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).
``(2) Targets.--
``(A) In general.--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.
``(B) Separate targets.--The Secretary shall establish
separate targets 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) Code cycles.--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).
``(E) Specific years.--
``(i) In general.--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--
``(I) 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);
``(II) is higher than the preceding target;
``(III) 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
``(IV) takes into consideration the variations in climate
zones used in model building energy codes.
``(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.
``(iv) 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).
``(3) Appliance standards and other factors affecting
building energy use.--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--
``(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, and
ventilation systems;
``(D) building management systems and smart technologies to
reduce energy use; and
``(E) other technologies, practices, and building systems
that the Secretary considers appropriate regarding building
plug load and other energy uses.
``(4) Economic considerations.--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.
``(c) Technical Assistance to Model Building Energy Code-
Setting and Standards Development Organizations.--
``(1) In general.--The Secretary shall, on a timely basis,
provide technical assistance to model building energy code-
setting and
[[Page S1606]]
standards development organizations consistent with the goals
of this section.
``(2) Assistance.--The assistance shall include, as
requested by the organizations, technical assistance in--
``(A) evaluating code or standards proposals or revisions;
``(B) building energy and water analysis and design tools;
``(C) building demonstrations;
``(D) 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;
``(E) performance-based standards;
``(F) evaluating economic considerations under subsection
(b)(4); and
``(G) developing model building energy codes by Indian
tribes in accordance with tribal law.
``(3) Amendment proposals.--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).
``(4) 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.
``(d) Determination.--
``(1) Revision of model building energy codes.--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--
``(A) improve energy efficiency in buildings, as compared
to the existing model building energy code; and
``(B) meet the applicable targets under subsection (b)(2).
``(2) Codes or standards not meeting targets.--
``(A) Preliminary determination by secretary.--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--
``(i) whether the modified code is technically feasible and
lifecycle cost effective;
``(ii) available appliances, technologies, materials, and
construction practices; and
``(iii) the economic considerations under subsection
(b)(4).
``(B) Determination or election by developer.--Not later
than 270 days after the date of receipt of proposed changes
of the Secretary under subparagraph (A), a developer shall--
``(i) determine whether--
``(I) to publish a new revised code accepting the proposed
changes; or
``(II) to reject the proposed changes; or
``(ii) if the developer elects not to make a determination
under clause (i), publish a notice of that election, together
with the proposed changes.
``(C) Final determination by secretary.--
``(i) In general.--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).
``(ii) Additional determinations.--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:
``(I) A final determination regarding whether the code or
standard of the developer, absent any changes proposed by the
Secretary under subparagraph (A), will--
``(aa) improve energy efficiency in buildings, as compared
to the existing model building energy code; and
``(bb) meet the applicable targets under subsection (b)(2).
``(II) 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--
``(aa) improve energy efficiency in buildings, as compared
to the existing model building energy code; and
``(bb) meet the applicable targets under subsection (b)(2).
``(e) Administration.--In carrying out this section, the
Secretary shall--
``(1) 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
``(2) provide an opportunity for public comment on targets
and supporting analysis and determinations under this
section.''.
SEC. 10__. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY
AND RESILIENCE.
(a) In General.--Title III of the Energy Conservation and
Production Act (42 U.S.C. 6831 et seq.) is amended by adding
at the end the following:
``SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR
EFFICIENCY AND RESILIENCE.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a relevant State agency, as determined by the
Secretary, such as a State building code agency or State
energy office; and
``(B) a partnership.
``(2) Partnership.--The term `partnership' means a
partnership between an eligible entity described in paragraph
(1)(A) and one or more of the following entities:
``(A) Local building code agencies.
``(B) Codes and standards developers.
``(C) Associations of builders and design and construction
professionals.
``(D) Local and utility energy efficiency programs.
``(E) Consumer, energy efficiency, and environmental
advocates.
``(F) Other entities, as determined by the Secretary.
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish within the
Building Technologies Office of the Department of Energy a
program under which the Secretary shall award grants on a
competitive basis to eligible entities to enable sustained
cost-effective implementation of updated building energy
codes.
``(2) Updated building energy code.--An update to a
building energy code under this section shall include any
update made available after the existing building energy
code, even if it is not the most recent updated code
available.
``(c) Criteria; Priority.--In awarding grants under
subsection (b), the Secretary shall--
``(1) consider--
``(A) prospective energy savings and plans to measure the
savings;
``(B) the long-term sustainability of those measures and
savings;
``(C) prospective benefits, and plans to assess the
benefits, including benefits relating to--
``(i) resilience and peak load reduction;
``(ii) occupant safety and health; and
``(iii) environmental performance;
``(D) the demonstrated capacity of the eligible entity to
carry out the proposed project; and
``(E) the need of the eligible entity for assistance; and
``(2) give priority to applications from partnerships.
``(d) Eligible Activities.--
``(1) In general.--An eligible entity awarded a grant under
this section may use the grant funds--
``(A) to create or enable State or regional partnerships to
provide training and materials to--
``(i) builders, contractors and subcontractors, architects,
and other design and construction professionals, relating to
meeting updated building energy codes in a cost-effective
manner; and
``(ii) building code officials, relating to improving
implementation of and compliance with building energy codes;
``(B) to collect and disseminate quantitative data on
construction and codes implementation, including code
pathways, performance metrics, and technologies used;
``(C) to develop and implement a plan for highly effective
codes implementation, including measuring compliance;
``(D) to address various implementation needs in rural,
suburban, and urban areas; and
``(E) to implement updates in energy codes for--
``(i) new residential and commercial buildings (including
multifamily buildings); and
``(ii) additions and alterations to existing residential
and commercial buildings (including multifamily buildings).
``(2) Related topics.--Training and materials provided
using a grant under this section may include information on
the relationship between energy codes and--
``(A) cost-effective, high-performance, and zero-net-energy
buildings;
``(B) improving resilience, health, and safety;
``(C) water savings and other environmental impacts; and
``(D) the economic impacts of energy codes.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section--
``(1) $25,000,000 for each of fiscal years 2021 through
2030; and
``(2) for fiscal year 2030 and each fiscal year thereafter,
such sums as are necessary.''.
(b) Conforming Amendment.--Section 303 of the Energy
Conservation and Production Act (42 U.S.C. 6832) is amended,
in the matter preceding paragraph (1), by striking ``As used
in'' and inserting ``Except as otherwise provided, in''.
______