### §6838. 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, State energy office, or Tribal energy office; and

(B) a partnership.

#### (2) Partnership

The term "partnership" means a partnership between an eligible entity described in paragraph (1)(A) and 1 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, including an amendment that results in increased efficiency compared to the previously adopted building energy code, 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, including utilizing the Environmental Protection Agency Portfolio Manager, the Home Energy Score rating of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Energy Star Building rating methodologies of the Environmental Protection Agency, and other methodologies determined appropriate by the Secretary;

(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 is authorized to be appropriated to the Secretary to carry out this section $225,000,000 for the period of fiscal years 2022 through 2026.

(Pub. L. 94–385, title III, §309, as added Pub. L. 117–58, div. D, title V, §40511(a), Nov. 15, 2021, 135 Stat. 1058.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 6838, Pub. L. 94–385, title III, §309, Aug. 14, 1976, 90 Stat. 1149; Pub. L. 97–35, title X, §1041(a), Aug. 13, 1981, 95 Stat. 621, related to consultations by Secretary with interested and affected groups in developing and promulgating voluntary performance standards and establishment of advisory committees, prior to repeal by Pub. L. 102–486, title I, §101(a)(2), Oct. 24, 1992, 106 Stat. 2783.

#### **Statutory Notes and Related Subsidiaries**

#### Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.