To encourage greater energy efficiency in building codes.

Summary: Amends the Energy Conservation and Production Act to revise provisions that require states to update their building energy efficient codes. Modifies the duties of the Secretary of Energy under such Act relating to: (1) updating the national model building energy codes and standards for residential and commercial buildings; (2) reporting requirements; (3) providing technical assistance to model code-setting and standard development organizations; and (4) incentive funding to states for implementing updates of building energy efficiency codes.

Requires states to certify to the Secretary that they have reviewed and updated the provisions of their residential and commercial building energy efficiency codes and to certify compliance with such codes. Imposes additional requirements on states that fail to meet compliance deadlines.

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.''.