BUILDING ENERGY EFFICIENCY STANDARDS.

SEC. 101. BUILDING ENERGY EFFICIENCY STANDARDS. (a) In General.— Title III of the Energy Conservation and Production Act (42 U.S.C. 6831 et seq.) is amended— (1) in section 303— (A) by striking paragraph (9); (B) by redesignating paragraphs (10), (11), (12), and (13) as paragraphs (9), (10), (11), and (12), respectively; and (C) by adding at the end the following new paragraphs— “(13) The term Federal building energy standards’ means energy consumption objectives to be met without specification of the methods, materials, or equipment to be employed in achieving those objectives, but including statements of the requirements, criteria, and evaluation methods to be used, and any necessary commentary. “(14) The term “voluntary building energy code” means a building energy code developed and updated through a consen-106 STAT. 2783sus process among interested persons, such as that used by the Council of American Building Officials; the American Society of Heating, Refrigerating, and Air-Conditioning Engineers; or other appropriate organizations. “(15) The term ‘CABO’ means the Council of American Building Officials. “(16) The term ‘ASHRAE’ means the American Society of Heating, Refrigerating, and Air-Conditioning Engineers.”; and (2) by striking sections 304, 306, 308, 309, 310, and 311 and inserting the following: “SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES. “(a) Consideration and Determination Respecting Residential Building Energy Codes.— (1) Not later than 2 years after the date of the enactment of the Energy Policy Act of 1992, each State shall certify to the Secretary that it has reviewed the provisions of its residential building code regarding energy efficiency and made a determination as to whether it is appropriate for such State to revise such residential building code provisions to meet or exceed CABO Model Energy Code, 1992. “(2) The determination referred to in paragraph (1) shall be— “(A) made after public notice and hearing; “(B) in writing; “(C) based upon findings included in such determination and upon the evidence presented at the hearing; and “(D) available to the public. “(3) Each State may, to the extent consistent with otherwise applicable State law, revise the provisions of its residential building code regarding energy efficiency to meet or exceed CABO Model Energy Code, 1992, or may decline to make such revisions. “(4) If a State makes a determination under paragraph (1) that it is not appropriate for such State to revise its residential building code, such State shall submit to the Secretary, in writing, the reasons for such determination, and such statement shall be available to the public. “(5) (A) Whenever CABO Model Energy Code, 1992, (or any successor of such code) is revised, the Secretary shall, not later than 12 months after such revision, determine whether such revision would improve energy efficiency in residential buildings. The Secretary shall publish notice of such determination in the Federal Register. “(B) If the Secretary makes an affirmative determination under subparagraph (A), each State shall, not later than 2 years after the date of the publication of such determination, certify that it has reviewed the provisions of its residential building code regarding energy efficiency and made a determination as to whether it is appropriate for such State to revise such residential building code provisions to meet or exceed the revised code for which the Secretary made such determination. “(C) Paragraphs (2), (3), and (4) shall apply to any determination made under subparagraph (B). “(b) Certification of Commercial Building Energy Code Updates.— (1) Not later than 2 years after the date of the enactment of the Energy Policy Act of 1992, each State shall certify to the Secretary that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency. Such certifi-106 STAT. 2784cation shall include a demonstration that such State’s code provisions meet or exceed the requirements of ASHRAE Standard 90.1–1989. “(2) (A) Whenever the provisions of ASHRAE Standard 90.1–1989 (or any successor standard) regarding energy efficiency in commercial buildings are revised, the Secretary shall, not later than 12 months after the date of such revision, determine whether such revision will improve energy efficiency in commercial buildings. The Secretary shall publish a notice of such determination in the Federal Register. “(B) (i) If the Secretary makes an affirmative determination under subparagraph (A), each State shall, not later than 2 years after the date of the publication of such determination, certify that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency in accordance with the revised standard for which such determination was made. Such certification shall include a demonstration that the provisions of such State’s commercial building code regarding energy efficiency meet or exceed such revised standard. “(ii) If the Secretary makes a determination under subparagraph (A) that such revised standard will not improve energy efficiency in commercial buildings, State commercial building code provisions regarding energy efficiency shall meet or exceed ASHRAE Standard 90.1–1989, or if such standard has been revised, the last revised standard for which the Secretary has made an affirmative determination under subparagraph (A). “(c) Extensions.— The Secretary shall permit extensions of the deadlines for the certification requirements under subsections (a) and (b) if a State can demonstrate that it has made a good faith effort to comply with such requirements and that it has made significant progress in doing so. “(d) Technical Assistance.— The Secretary shall provide technical assistance to States to implement the requirements of this section, 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. “(e) 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. 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) There are authorized to be appropriated such sums as may be necessary to carry out this subsection. “SEC. 305. FEDERAL BUILDING ENERGY EFFICIENCY STANDARDS. “(a) (1) In General.— Not later than 2 years after the date of the enactment of the Energy Policy Act of 1992, the Secretary, after consulting with appropriate Federal agencies, CABO, ASHRAE, the National Association of Home Builders, the Illuminating Engineering Society, the American Institute of Architects, the National Conference of the States on Building Codes and Standards, and other appropriate persons, shall establish, by rule, Federal 106 STAT. 2785building energy standards that require in new Federal buildings those energy efficiency measures that are technologically feasible and economically justified. Such standards shall become effective no later than 1 year after such rule is issued. “(2) The standards established under paragraph (1) shall— “(A) contain energy saving and renewable energy specifications that meet or exceed the energy saving and renewable energy specifications of CABO Model Energy Code, 1992 (in the case of residential buildings) or ASHRAE Standard 90.1–1989 (in the case of commercial buildings); “(B) to the extent practicable, use the same format as the appropriate voluntary building energy code; and “(C) consider, in consultation with the Environmental Protection Agency and other Federal agencies, and where appropriate contain, measures with regard to radon and other indoor air pollutants. “(b) Report on Comparative Standards.— The Secretary shall identify and describe, in the report required under section 308, the basis for any substantive difference between the Federal building energy standards established under this section (including differences in treatment of energy efficiency and renewable energy) and the appropriate voluntary building energy code. “(c) Periodic Review.— The Secretary shall periodically, but not less than once every 5 years, review the Federal building energy standards established under this section and shall, if significant energy savings would result, upgrade such standards to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified. “(d) Interim Standards.— Interim energy performance standards for new Federal buildings issued by the Secretary under this title as it existed before the date of the enactment of the Energy Policy Act of 1992 shall remain in effect until the standards established under subsection (a) become effective. “SEC. 306. FEDERAL COMPLIANCE. “(a) Procedures.— (1) The head of each Federal agency shall adopt procedures necessary to assure that new Federal buildings meet or exceed the Federal building energy standards established under section 305. “(2) The Federal building energy standards established under section 305 shall apply to new buildings under the jurisdiction of the Architect of the Capitol. The Architect shall adopt procedures necessary to assure that such buildings meet or exceed such standards. “(b) Construction of New Buildings.— The head of a Federal agency may expend Federal funds for the construction of a new Federal building only if the building meets or exceeds the appropriate Federal building energy standards established under section 305. “SEC. 307. SUPPORT FOR VOLUNTARY BUILDING ENERGY CODES. “(a) In General.— Not later than 1 year after the date of the enactment of the Energy Policy Act of 1992, the Secretary, after consulting with the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, other appropriate Federal agencies, CABO, ASHRAE, the National Conference of States on Building Codes and Standards, and any other appropriate building codes and standards organization, shall support the upgrading of 106 STAT. 2786voluntary building energy codes for new residential and commercial buildings. Such support shall include— “(1) a compilation of data and other information regarding building energy efficiency standards and codes in the possession of the Federal Government, State and local governments, and industry organizations; “(2) assistance in improving the technical basis for such standards and codes; “(3) assistance in determining the cost-effectiveness and the technical feasibility of the energy efficiency measures included in such standards and codes; and “(4) assistance in identifying appropriate measures with regard to radon and other indoor air pollutants. “(b) Review.— The Secretary shall periodically review the technical and economic basis of voluntary building energy codes and, based upon ongoing research activities— “(1) recommend amendments to such codes including measures with regard to radon and other indoor air pollutants; “(2) seek adoption of all technologically feasible and economically justified energy efficiency measures; and “(3) otherwise participate in any industry process for review and modification of such codes. “SEC. 308. REPORTS. “The Secretary, in consultation with the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, and other appropriate Federal agencies, shall report annually to the Congress on activities conducted pursuant to this title. Such report shall include— “(1) recommendations made under section 307(b) regarding the prevailing voluntary building energy codes; “(2) a State-by-State summary of actions taken under this title; and “(3) recommendations to the Congress with respect to opportunities to further promote building energy efficiency and otherwise carry out the purposes of this title.”. (b) Conforming Amendment.— The table of contents of such Act is amended by striking the items relating to sections 304, 306, 308, 309, 310 and 311, and inserting in lieu thereof the following— “Sec. 304. Updating State building energy efficiency codes. “Sec. 305. Federal building energy efficiency standards. “Sec. 306. Federal compliance. “Sec. 307. Support for voluntary building energy codes. “Sec. 308. Reports.”. (c) Federal Mortgage Requirements.— (1) Amendment to Cranston-Gonzalez National Affordable Housing Act.— Section 109 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12709) is amended to read as follows: “SEC. 109. ENERGY EFFICIENCY STANDARDS. “(a) Establishment.— “(1) In general.— The Secretary of Housing and Urban Development and the Secretary of Agriculture shall, not later than 1 year after the date of the enactment of the Energy Policy Act of 1992, jointly establish, by rule, energy efficiency standards for— 106 STAT. 2787 “(A) new construction of public and assisted housing and single family and multifamily residential housing (other than manufactured homes) subject to mortgages insured under the National Housing Act; and “(B) new construction of single family housing (other than manufactured homes) subject to mortgages insured, guaranteed, or made by the Secretary of Agriculture under title V of the Housing Act of 1949. “(2) Contents.— Such standards shall meet or exceed the requirements of the Council of American Building Officials Model Energy Code, 1992 (hereafter in this section referred to as ‘CABO Model Energy Code, 1992’), or, in the case of multifamily high rises, the requirements of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1–1989 (hereafter in this section referred to as ‘ASHRAE Standard 90.1–1989’), and shall be cost-effective with respect to construction and operating costs on a life-cycle cost basis. In developing such standards, the Secretaries shall consult with an advisory task force composed of homebuilders, national, State, and local housing agencies (including public housing agencies), energy agencies, building code organizations and agencies, energy efficiency organizations, utility organizations, low-income housing organizations, and other parties designated by the Secretaries. “(b) Model Energy Code.— If the Secretaries have not, within 1 year after the date of the enactment of the Energy Policy Act of 1992, established energy efficiency standards under subsection (a), all new construction of housing specified in such subsection shall meet the requirements of CABO Model Energy Code, 1992, or, in the case of multifamily high rises, the requirements of ASHRAE Standard 90.1–1989. “(c) Revisions of Model Energy Code.— If the requirements of CABO Model Energy Code, 1992, or, in the case of multifamily high rises, ASHRAE Standard 90.1–1989, are revised at any time, the Secretaries shall, not later than 1 year after such revision, amend the standards established under subsection (a) to meet or exceed the requirements of such revised code or standard unless the Secretaries determine that compliance with such revised code or standard would not result in a significant increase in energy efficiency or would not be technologically feasible or economically justified.”. (2) Amendment to title 38, united states code.— Section 3704 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: “(g) A loan for the purchase or construction of new residential property, the construction of which began after the energy efficiency standards under section 109 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12709), as amended by section 101(c) of the Energy Policy Act of 1992, take effect, may not be financed through the assistance of this chapter unless the new residential property is constructed in compliance with such standards.”.