[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6729 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6729
To encourage greater energy efficiency in building codes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2008
Mr. Dingell (for himself and Mr. Boucher) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To encourage greater energy efficiency in building codes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. GREATER ENERGY EFFICIENCY IN BUILDING CODES.
(a) In General.--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) Updating National Model Building Energy Codes.--(1) The
Secretary shall support updating the national model building energy
codes and standards at least every 3 years to achieve overall energy
savings, compared to the 2006 IECC for residential buildings and ASHRAE
Standard 90.1-2007 for commercial buildings, of at least--
``(A) 30 percent in editions of each model code or standard
released in or after 2010; and
``(B) 50 percent in editions of each model code or standard
released in or after 2020.
Targets for specific years shall be set by the Secretary at least 3
years in advance of each target year, coordinated with the IECC and
ASHRAE Standard 90.1 cycles, at the maximum level of energy efficiency
that is technologically feasible and life-cycle cost effective.
``(2)(A) Whenever 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 12 months
after the date of such revision, on--
``(i) whether such revision will improve energy efficiency
in buildings; and
``(ii) whether such revision will meet the targets under
paragraph (1).
``(B) If the Secretary makes a determination under subparagraph
(A)(ii) that a code or standard does not meet the targets under
paragraph (1), or if a national model code or standard is not updated
for more than 3 years, then the Secretary shall, within 12 months after
such determination, establish a modified code or standard that meets
such targets. Any such modified code or standard--
``(i) shall achieve the maximum level of energy savings
that is technologically feasible and life-cycle cost-effective;
``(ii) shall be based on the latest revision of the IECC or
ASHRAE Standard 90.1, including any amendments or additions
thereto, but may also consider other model codes or standards;
and
``(iii) shall serve as the baseline for the next
determination under subparagraph (A)(i).
``(C) The Secretary shall provide the opportunity for public
comment on targets, determinations, and modified codes and standards
under this subsection, and shall publish notice of targets,
determinations, and modified codes and standards under this subsection
in the Federal Register.
``(b) State Certification of Building Energy Code Updates.--(1) Not
later than 2 years after the date of enactment of this subsection, each
State shall certify to the Secretary that it has reviewed and updated
the provisions of its residential and commercial building codes
regarding energy efficiency. Such certification shall include a
demonstration that such State's code provisions meet or exceed the 2006
IECC for residential buildings and the ASHRAE Standard 90.1-2007 for
commercial buildings, or achieve equivalent or greater energy savings.
``(2)(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), each State shall, within 2 years after such
determination or establishment, certify that it has reviewed and
updated the provisions of its building code regarding energy
efficiency. Such certification shall include a demonstration that such
State's code provisions meet or exceed the revised code or standard, or
achieve equivalent or greater energy savings.
``(B) 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, each State shall within 2 years after
the specified date or the date of the determination, certify that it
has reviewed the revised code or standard, and updated the provisions
of its building code regarding energy efficiency to meet or exceed any
provisions found to improve energy efficiency in buildings, or to
achieve equivalent or greater energy savings in other ways.
``(c) State Certification of Compliance With Building Codes.--(1)
Each State shall, not later than 3 years after a certification under
subsection (b), certify that it has--
``(A) achieved compliance under paragraph (3) with the
certified State building energy code or with the associated
model code or standard; or
``(B) made significant progress under paragraph (4) toward
achieving compliance with the certified State building energy
code or with the associated model code or standard.
If the State certifies progress toward achieving compliance, the State
shall repeat the certification each year until it certifies that it has
achieved compliance.
``(2) A certification under paragraph (1) 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 in the preceding year, or based on an alternative
method that yields an accurate measure of compliance.
``(3)(A) A State shall be considered to achieve compliance under
paragraph (1) if--
``(i) at least 90 percent of new and renovated building
space covered by the code in the preceding year substantially
meets all the requirements of the code regarding energy
efficiency, or achieves an equivalent energy savings level; or
``(ii) the estimated excess energy use of new and renovated
buildings that did not meet the code in the preceding year,
compared to a baseline of comparable buildings that meet the
code, is not more than 5 percent of the estimated energy use of
all new and renovated buildings covered by the code in the
preceding year.
``(B) Only renovations with building permits are covered under this
paragraph. If the Secretary determines the percentage targets under
subparagraph (A) are not reasonably achievable for renovated
residential or commercial buildings, the Secretary may reduce the
targets for such renovated buildings to the highest achievable level.
``(4)(A) A State shall be considered to have made significant
progress toward achieving compliance for purposes of paragraph (1) if
the State--
``(i) has developed and is implementing a plan for
achieving compliance within 8 years, assuming continued
adequate funding, including active training and enforcement
programs;
``(ii) after 1 or more years of adequate funding, has
demonstrated progress, in conformance with the plan described
in clause (i), toward compliance;
``(iii) after 5 or more years of adequate funding, meets
the requirement in paragraph (3) substituting 80 percent for 90
percent or substituting 10 percent for 5 percent; and
``(iv) has not had more than 8 years of adequate funding.
``(B) Funding shall be considered adequate, for purposes of this
paragraph, when the Federal Government provides to the States at least
$50,000,000 in a year in funding and support for development and
implementation of State building energy codes, including for training
and enforcement.
``(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 meeting the
requirements and submitting the certification; and
``(B) a plan for meeting the requirements and submitting
the certification.
``(2) Any State for which the Secretary has not accepted a
certification by a deadline under subsection (b) or (c) of this section
is out of compliance with this section.
``(3) In any State that is out of compliance with this section, a
local government may be in compliance with this section by meeting the
certification requirements under subsections (b) and (c) of this
section.
``(4) The Secretary shall annually submit to Congress, and publish
in the Federal Register, a report on the status of national model
building energy codes and standards, the status of code adoption and
compliance in the States, and implementation of this section. The
report shall include estimates of impacts of past action under this
section and potential impacts of further action on lifetime energy use
by buildings and resulting energy costs to individuals and businesses.
``(e) Technical Assistance.--(1) The Secretary shall on a timely
basis provide technical assistance to model code-setting and standard
development organizations. This assistance shall include technical
assistance as requested by the organizations in evaluating code or
standards proposals or revisions, building energy analysis and design
tools, building demonstrations, and design assistance and training. The
Secretary shall submit code and standard amendment proposals, with
supporting evidence, sufficient to enable the national model building
energy codes and standards to meet the targets in subsection (a)(1).
``(2) The Secretary shall provide technical assistance to States to
implement the requirements of this section, including procedures for
States to demonstrate that their code provisions achieve equivalent or
greater energy savings than the national model codes and standards, and
to improve and implement State residential and commercial building
energy efficiency codes or to 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 implement the requirements of
this section, and to improve and implement State residential and
commercial building energy efficiency codes, including increasing and
verifying compliance with such codes. 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 implement
the requirements of this section, to improve and implement residential
and commercial building energy efficiency codes, and to promote
building energy efficiency through the use of such codes.
``(2) Additional funding shall be provided 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
Standard 90.1-2007, 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
for either residential buildings or commercial buildings, or
where State codes fail to comply with subparagraph (A), to a
local government that has adopted and is implementing
residential and commercial building energy efficiency codes, as
described in subparagraph (A).
``(3) Of the amounts made available under this subsection, the
Secretary may use amounts required, not exceeding $500,000 for each
State, to train State and local officials to implement codes described
in paragraph (2).
``(4) There are authorized to be appropriated to carry out this
subsection--
``(A) $70,000,000 for each of fiscal years 2009 through
2013; and
``(B) such sums as are necessary for fiscal year 2014 and
each fiscal year thereafter.''.
(b) Definition.--Section 303 of the Energy Conservation and
Production Act (42 U.S.C. 6832) is amended by adding at the end the
following new paragraph:
``(17) The term `IECC' means the International Energy
Conservation Code.''.
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