
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6833]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 81--ENERGY CONSERVATION AND RESOURCE RENEWAL
 
     SUBCHAPTER II--ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS
 
Sec. 6833. Updating State building energy efficiency codes


(a) Consideration and determination respecting residential building 
        energy codes

    (1) Not later than 2 years after October 24, 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,\1\ (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.
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    \1\ So in original. The comma probably should not appear.
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    (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 October 24, 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 
certification 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) of this section 
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.

(Pub. L. 94-385, title III, Sec. 304, as added Pub. L. 102-486, title I, 
Sec. 101(a)(2), Oct. 24, 1992, 106 Stat. 2783.)


                            Prior Provisions

    A prior section 6833, Pub. L. 94-385, title III, Sec. 304, Aug. 14, 
1976, 90 Stat. 1146; Pub. L. 95-91, title III, Secs. 301(a), 304(a), 
title VII, Secs. 703, 707, 709(e)(1), Aug. 4, 1977, 91 Stat. 577, 580, 
606, 608; Pub. L. 96-399, title III, Sec. 326(a)-(c), Oct. 8, 1980, 94 
Stat. 1649; Pub. L. 97-35, title X, Sec. 1041(a), (c), Aug. 13, 1981, 95 
Stat. 621; Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 
Stat. 1433, related to development and promulgation of energy 
conservation voluntary performance standards for new commercial and 
residential buildings, prior to repeal by Pub. L. 102-486, title I, 
Sec. 101(a)(2), Oct. 24, 1992, 106 Stat. 2783.

                  Section Referred to in Other Sections

    This section is referred to in sections 7154, 8235 of this title.
