160 
idential nonweatherized gas furnaces and mobile 
home furnaces, natural gas utilities, home build-
ers, multifamily property owners, and energy ef-
ficiency, environmental, and consumer advocates 
have begun negotiations in an attempt to agree 
on a consensus recommendation to the Secretary 
on levels for such standards that will meet the 
statutory criteria; and 
(C) the stakeholders believe these negotia-
tions are likely to result in a consensus rec-
ommendation, but several of the stakeholders do 
not support suspending the current rulemaking. 
(2) PURPOSE.—It is the purpose of this section 
to provide the stakeholders described in paragraph (1) 
with an opportunity to continue negotiations for a 
limited time period to facilitate the proposal for 
adoption of standards that enjoy consensus support, 
while not delaying the current rulemaking except to 
the extent necessary to provide such opportunity. 
(b) OPPORTUNITY
FOR
A
NEGOTIATED
FURNACE 
STANDARD.—Section 325(f)(4) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(f)(4)) is amended by 
adding after subparagraph (D) the following: 
‘‘(E)(i) Unless the Secretary has published such a no-
tice prior to the date of enactment of this Act, the Secretary 
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161 
shall publish, not later than October 31, 2015, a supple-
mental notice of proposed rulemaking or a notice of data 
availability updating the proposed rule entitled ‘Energy 
Conservation Program for Consumer Products: Energy 
Conservation Standards for Residential Furnaces’ and pub-
lished in the Federal Register on March 12, 2015 (80 Fed. 
Reg. 13119), to provide notice and an opportunity for com-
ment on— 
‘‘(I) dividing nonweatherized gas furnaces into 
two or more product classes with separate energy con-
servation standards based on capacity; and 
‘‘(II) any other matters the Secretary determines 
appropriate. 
‘‘(ii) On receipt of a statement that is submitted on 
or before January 1, 2016, jointly by interested persons that 
are fairly representative of relevant points of view, that con-
tains recommended standards for nonweatherized gas fur-
naces and mobile home gas furnaces that are consistent with 
the requirements of this part (except that the date on which 
such standards will apply may be earlier or later than the 
date required under this part), the Secretary shall evaluate 
the standards proposed in the joint statement for consist-
ency with the requirements of subsection (o), and shall pub-
lish notice of the potential adoption of the standards pro-
posed in the joint statement, modified as necessary to ensure 
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162 
consistency with subsection (o). The Secretary shall solicit 
public comment for a period of at least 30 days with respect 
to such notice. 
‘‘(iii) Not later than July 31, 2016, but not before July 
1, 2016, the Secretary shall publish a final rule containing 
a determination of whether the standards for nonweather-
ized gas furnaces and mobile home gas furnaces should be 
amended. Such rule shall contain any such amendments to 
the standards.’’. 
SEC. 4124. FUTURE OF INDUSTRY PROGRAM. 
(a) IN GENERAL.—Section 452 of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 17111) is 
amended by striking the section heading and inserting the 
following: ‘‘FUTURE OF INDUSTRY PROGRAM’’. 
(b) DEFINITION OF ENERGY SERVICE PROVIDER.— 
Section 452(a) of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17111(a)) is amended— 
(1) by redesignating paragraphs (3) through (5) 
as paragraphs (4) through (6), respectively; and 
(2) by inserting after paragraph (2): 
‘‘(3) ENERGY
SERVICE
PROVIDER.—The term 
‘energy service provider’ means any business pro-
viding technology or services to improve the energy ef-
ficiency, water efficiency, power factor, or load man-
agement of a manufacturing site or other industrial 
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163 
process in an energy-intensive industry, or any util-
ity operating under a utility energy service project.’’. 
(c) INDUSTRIAL RESEARCH AND ASSESSMENT CEN-
TERS.—Section 452(e) of the Energy Independence and Se-
curity Act of 2007 (42 U.S.C. 17111(e)) is amended— 
(1) by redesignating paragraphs (1) through (5) 
as subparagraphs (A) through (E), respectively, and 
indenting appropriately; 
(2) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The Secretary’’; 
(3) in subparagraph (A) (as redesignated by 
paragraph (1)), by inserting before the semicolon at 
the end the following: ‘‘, including assessments of sus-
tainable manufacturing goals and the implementation 
of information technology advancements for supply 
chain analysis, logistics, system monitoring, indus-
trial and manufacturing processes, and other pur-
poses’’; and 
(4) by adding at the end the following: 
‘‘(2) COORDINATION.—To increase the value and 
capabilities of the industrial research and assessment 
centers, the centers shall— 
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164 
‘‘(A) coordinate with Manufacturing Exten-
sion Partnership Centers of the National Insti-
tute of Standards and Technology; 
‘‘(B) coordinate with the Building Tech-
nologies Office of the Department of Energy to 
provide building assessment services to manufac-
turers; 
‘‘(C) increase partnerships with the Na-
tional Laboratories of the Department of Energy 
to leverage the expertise and technologies of the 
National Laboratories for national industrial 
and manufacturing needs; and 
‘‘(D) increase partnerships with energy 
service providers and technology providers to le-
verage private sector expertise and accelerate de-
ployment of new and existing technologies and 
processes for energy efficiency, power factor, and 
load management. 
‘‘(3) OUTREACH.—The Secretary shall provide 
funding for— 
‘‘(A) outreach activities by the industrial 
research and assessment centers to inform small- 
and medium-sized manufacturers of the informa-
tion, technologies, and services available; and 
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‘‘(B) coordination activities by each indus-
trial research and assessment center to leverage 
efforts with— 
‘‘(i) Federal and State efforts; 
‘‘(ii) the efforts of utilities and energy 
service providers; 
‘‘(iii) the efforts of regional energy effi-
ciency organizations; and 
‘‘(iv) the efforts of other industrial re-
search and assessment centers. 
‘‘(4) SMALL
BUSINESS
LOANS.—The Adminis-
trator of the Small Business Administration shall, to 
the maximum extent practicable, expedite consider-
ation of applications from eligible small business con-
cerns for loans under the Small Business Act (15 
U.S.C. 631 et seq.) to implement recommendations of 
industrial research and assessment centers established 
under paragraph (1).’’. 
(d) CONFORMING AMENDMENT.—The item relating to 
section 452 in the table of contents for the Energy Independ-
ence and Security Act of 2007 is amended to read as fol-
lows: 
‘‘Sec. 452. Future of Industry program.’’. 
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166 
SEC. 4125. NO WARRANTY FOR CERTAIN CERTIFIED ENERGY 
STAR PRODUCTS. 
Section 324A of the Energy Policy and Conservation 
Act (42 U.S.C. 6294a) is amended by adding at the end 
the following new subsection: 
‘‘(e) NO WARRANTY.— 
‘‘(1) IN GENERAL.—Any disclosure relating to 
participation of a product in the Energy Star pro-
gram shall not create an express or implied warranty 
or give rise to any private claims or rights of action 
under State or Federal law relating to the disquali-
fication of that product from Energy Star if— 
‘‘(A) the product has been certified by a cer-
tification body recognized by the Energy Star 
program; 
‘‘(B) the Administrator has approved cor-
rective measures, including a determination of 
whether or not consumer compensation is appro-
priate; and 
‘‘(C) the responsible party has fully com-
plied with all approved corrective measures. 
‘‘(2) CONSTRUAL.—Nothing in this subsection 
shall be construed to require the Administrator to 
modify any procedure or take any other action.’’. 
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167 
SEC. 4126. CLARIFICATION TO EFFECTIVE DATE FOR RE-
GIONAL STANDARDS. 
Section 325(o)(6)(E)(ii) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(o)(6)(E)(ii)) is amended 
by striking ‘‘installed’’ and inserting ‘‘manufactured or im-
ported into the United States’’. 
SEC. 4127. INTERNET OF THINGS REPORT. 
The Secretary of Energy shall, not later than 18 
months after the date of enactment of this Act, report to 
the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate on the efforts made to take advan-
tage of, and promote, the utilization of advanced tech-
nologies such as Internet of Things end-to-end platform so-
lutions to provide real-time actionable analytics and enable 
predictive maintenance and asset management to improve 
energy efficiency wherever feasible. In doing so, the Sec-
retary shall look to encourage and utilize Internet of Things 
energy management solutions that have security tightly in-
tegrated into the hardware and software from the outset. 
The Secretary shall also encourage the use of Internet of 
Things solutions that enable seamless connectivity and that 
are interoperable, open standards-based, and built on a re-
peatable foundation for ease of scalability. 
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168 
CHAPTER 3—ENERGY PERFORMANCE 
CONTRACTING 
SEC. 4131. USE OF ENERGY AND WATER EFFICIENCY MEAS-
URES IN FEDERAL BUILDINGS. 
(a) REPORTS.—Section 548(b) of the National Energy 
Conservation Policy Act (42 U.S.C. 8258(b)) is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(5) the status of each agency’s energy savings 
performance contracts and utility energy service con-
tracts, the investment value of such contracts, the 
guaranteed energy savings for the previous year as 
compared to the actual energy savings for the pre-
vious year, the plan for entering into such contracts 
in the coming year, and information explaining why 
any previously submitted plans for such contracts 
were not implemented.’’. 
(b) FEDERAL ENERGY MANAGEMENT DEFINITIONS.— 
Section 551(4) of the National Energy Conservation Policy 
Act (42 U.S.C. 8259(4)) is amended by striking ‘‘or retrofit 
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169 
activities’’ and inserting ‘‘retrofit activities, or energy con-
suming devices and required support structures’’. 
(c) AUTHORITY TO ENTER INTO CONTRACTS.—Section 
801(a)(2)(F) of the National Energy Conservation Policy 
Act (42 U.S.C. 8287(a)(2)(F)) is amended— 
(1) in clause (i), by striking ‘‘or’’ at the end; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(iii) limit the recognition of operation 
and maintenance savings associated with 
systems modernized or replaced with the 
implementation 
of 
energy 
conservation 
measures, water conservation measures, or 
any series of energy conservation measures 
and water conservation measures.’’. 
(d) MISCELLANEOUS AUTHORITY.—Section 801(a)(2) 
of the National Energy Conservation Policy Act (42 U.S.C. 
8287(a)) is amended by adding at the end the following: 
‘‘(H) MISCELLANEOUS
AUTHORITY.—Not-
withstanding any other provision of law, a Fed-
eral agency may sell or transfer energy savings 
and apply the proceeds of such sale or transfer 
to fund a contract under this title.’’. 
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170 
(e) PAYMENT OF COSTS.—Section 802 of the National 
Energy Conservation Policy Act (42 U.S.C. 8287a) is 
amended by striking ‘‘(and related operation and mainte-
nance expenses)’’ and inserting ‘‘, including related oper-
ations and maintenance expenses’’. 
(f) ENERGY
SAVINGS
PERFORMANCE
CONTRACTS 
DEFINITIONS.—Section 804(2) of the National Energy Con-
servation Policy Act (42 U.S.C. 8287c(2)) is amended— 
(1) in subparagraph (A), by striking ‘‘federally 
owned building or buildings or other federally owned 
facilities’’ and inserting ‘‘Federal building (as defined 
in section 551 (42 U.S.C. 8259))’’ each place it ap-
pears; 
(2) in subparagraph (C), by striking ‘‘; and’’ 
and inserting a semicolon; 
(3) in subparagraph (D), by striking the period 
at the end and inserting a semicolon; and 
(4) by adding at the end the following new sub-
paragraphs: 
‘‘(E) the use, sale, or transfer of energy in-
centives, rebates, or credits (including renewable 
energy credits) from Federal, State, or local gov-
ernments or utilities; and 
‘‘(F) any revenue generated from a reduc-
tion in energy or water use, more efficient waste 
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171 
recycling, or additional energy generated from 
more efficient equipment.’’. 
CHAPTER 4—SCHOOL BUILDINGS 
SEC. 4141. COORDINATION OF ENERGY RETROFITTING AS-
SISTANCE FOR SCHOOLS. 
Section 392 of the Energy Policy and Conservation Act 
(42 U.S.C. 6371a) is amended by adding at the end the 
following: 
‘‘(e) COORDINATION OF ENERGY RETROFITTING AS-
SISTANCE FOR SCHOOLS.— 
‘‘(1) DEFINITION OF SCHOOL.—Notwithstanding 
section 391(6), for the purposes of this subsection, the 
term ‘school’ means— 
‘‘(A) an elementary school or secondary 
school (as defined in section 9101 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801)); 
‘‘(B) an institution of higher education (as 
defined in section 102(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1002(a))); 
‘‘(C) a school of the defense dependents’ edu-
cation system under the Defense Dependents’ 
Education Act of 1978 (20 U.S.C. 921 et seq.) or 
established under section 2164 of title 10, United 
States Code; 
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‘‘(D) a school operated by the Bureau of In-
dian Affairs; 
‘‘(E) a tribally controlled school (as defined 
in section 5212 of the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2511)); and 
‘‘(F) a Tribal College or University (as de-
fined in section 316(b) of the Higher Education 
Act of 1965 (20 U.S.C. 1059c(b))). 
‘‘(2) ESTABLISHMENT OF CLEARINGHOUSE.—The 
Secretary, acting through the Office of Energy Effi-
ciency and Renewable Energy, shall establish a clear-
inghouse to disseminate information regarding avail-
able Federal programs and financing mechanisms 
that may be used to help initiate, develop, and fi-
nance energy efficiency, distributed generation, and 
energy retrofitting projects for schools. 
‘‘(3) REQUIREMENTS.—In carrying out para-
graph (2), the Secretary shall— 
‘‘(A) consult with appropriate Federal 
agencies to develop a list of Federal programs 
and financing mechanisms that are, or may be, 
used for the purposes described in paragraph (2); 
and 
‘‘(B) coordinate with appropriate Federal 
agencies to develop a collaborative education and 
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173 
outreach effort to streamline communications 
and promote available Federal programs and fi-
nancing mechanisms described in subparagraph 
(A), which may include the development and 
maintenance of a single online resource that in-
cludes contact information for relevant technical 
assistance in the Office of Energy Efficiency and 
Renewable Energy that States, local education 
agencies, and schools may use to effectively access 
and use such Federal programs and financing 
mechanisms.’’. 
CHAPTER 5—BUILDING ENERGY CODES 
SEC. 4151. GREATER ENERGY EFFICIENCY IN BUILDING 
CODES. 
(a) DEFINITIONS.—Section 303 of the Energy Con-
servation and Production Act (42 U.S.C. 6832), as amended 
by section 4116, is further amended— 
(1) by striking paragraph (14) and inserting the 
following: 
‘‘(14) MODEL
BUILDING
ENERGY
CODE.—The 
term ‘model building energy code’ means a voluntary 
building energy code or standard developed and up-
dated through a consensus process among interested 
persons, such as the IECC or ASHRAE Standard 
90.1 or a code used by other appropriate organiza-
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174 
tions regarding which the Secretary has issued a de-
termination that buildings subject to it would achieve 
greater energy efficiency than under a previously de-
veloped code.’’; and 
(2) by adding at the end the following: 
‘‘(18) ASHRAE 
STANDARD
90.1.—The term 
‘ASHRAE Standard 90.1’ means the American Soci-
ety of Heating, Refrigerating and Air-Conditioning 
Engineers ANSI/ASHRAE/IES Standard 90/1 En-
ergy Standard for Buildings Except Low-Rise Resi-
dential Buildings. 
‘‘(19) COST-EFFECTIVE.—The term ‘cost-effective’ 
means having a simple payback of 10 years or less. 
‘‘(20) IECC.—The term ‘IECC’ means the Inter-
national Energy Conservation Code as published by 
the International Code Council. 
‘‘(21) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the 
Native American Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 4103). 
‘‘(22) SIMPLE PAYBACK.—The term ‘simple pay-
back’ means the time in years that is required for en-
ergy savings to exceed the incremental first cost of a 
new requirement or code. 
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175 
‘‘(23) TECHNICALLY FEASIBLE.—The term ‘tech-
nically feasible’ means capable of being achieved, 
based on widely available appliances, equipment, 
technologies, materials, and construction practices.’’. 
(b) STATE BUILDING ENERGY EFFICIENCY CODES.— 
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 EFFI-
CIENCY CODES. 
‘‘(a) IN GENERAL.—The Secretary shall provide tech-
nical assistance, as described in subsection (e), for the pur-
poses of— 
‘‘(1) implementation of building energy codes by 
States, Indian tribes, and, as appropriate, by local 
governments, that are technically feasible and cost-ef-
fective; and 
‘‘(2) supporting full compliance with the State, 
tribal, and local codes. 
‘‘(b) STATE AND INDIAN TRIBE CERTIFICATION OF 
BUILDING ENERGY CODE UPDATES.— 
‘‘(1) REVIEW AND UPDATING OF CODES BY EACH 
STATE AND INDIAN TRIBE.— 
‘‘(A) IN GENERAL.—Not later than 3 years 
after the date on which a model building energy 
code is published, each State or Indian tribe 
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shall certify whether or not the State or Indian 
tribe, respectively, has reviewed and updated the 
energy provisions of the building code of the 
State or Indian tribe, respectively. 
‘‘(B) DEMONSTRATION.—The certification 
shall include a statement of whether or not the 
energy savings for the code provisions that are in 
effect throughout the State or Indian tribal terri-
tory meet or exceed— 
‘‘(i) the energy savings of the most re-
cently published model building energy 
code; or 
‘‘(ii) the targets established under sec-
tion 307(b)(2). 
‘‘(C) NO MODEL BUILDING ENERGY CODE 
UPDATE.—If a model building energy code is not 
updated by a target date established under sec-
tion 307(b)(2)(D), each State or Indian tribe 
shall, not later than 3 years after the specified 
date, certify whether or not the State or Indian 
tribe, respectively, has reviewed and updated the 
energy provisions of the building code of the 
State or Indian tribe, respectively, to meet or ex-
ceed the target in section 307(b)(2). 
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or with the associated model building en-
ergy code; or 
‘‘(ii) made significant progress under 
paragraph (4) toward achieving compliance 
with the applicable certified State or Indian 
tribe building energy code or with the asso-
ciated model building energy code. 
‘‘(B) 
REPEAT
CERTIFICATIONS.—If 
the 
State or Indian tribe certifies progress toward 
achieving compliance, the State or Indian tribe 
shall repeat the certification until the State or 
Indian tribe certifies that the State or Indian 
tribe has achieved full compliance. 
‘‘(2) MEASUREMENT OF COMPLIANCE.—A certifi-
cation under paragraph (1) shall include documenta-
tion of the rate of compliance based on— 
‘‘(A) inspections of a random sample of the 
buildings covered by the code in the preceding 
year; or 
‘‘(B) an alternative method that yields an 
accurate measure of compliance. 
‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State or 
Indian tribe shall be considered to achieve full com-
pliance under paragraph (1) if— 
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‘‘(A) at least 90 percent of building space 
covered by the code in the preceding year sub-
stantially meets all the requirements of the ap-
plicable code specified in paragraph (1), or 
achieves equivalent or greater energy savings 
level; or 
‘‘(B) the estimated excess energy use of 
buildings that did not meet the applicable code 
specified in paragraph (1) in the preceding year, 
compared to a baseline of comparable buildings 
that meet this code, is not more than 5 percent 
of the estimated energy use of all buildings cov-
ered by this code during the preceding year. 
‘‘(4) SIGNIFICANT PROGRESS TOWARD ACHIEVE-
MENT OF COMPLIANCE.—A State or Indian tribe shall 
be considered to have made significant progress to-
ward achieving compliance for purposes of paragraph 
(1) if the State or Indian tribe— 
‘‘(A) has developed and is implementing a 
plan for achieving compliance during the 8-year 
period beginning on the date of enactment of this 
paragraph, including annual targets for compli-
ance and active training and enforcement pro-
grams; and 
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180 
‘‘(B) has met the most recent target under 
subparagraph (A). 
‘‘(5) VALIDATION
BY
SECRETARY.—Not later 
than 90 days after a State or Indian tribe certifi-
cation under paragraph (1), the Secretary shall— 
‘‘(A) determine whether the State or Indian 
tribe has demonstrated meeting the criteria of 
this subsection, including accurate measurement 
of compliance; 
‘‘(B) determine whether the certification 
submitted by the State or Indian tribe is com-
plete; and 
‘‘(C) if the requirements of subparagraph 
(B) are satisfied, validate the certification. 
‘‘(6) LIMITATION.—Nothing in this section shall 
be interpreted to require a State or Indian tribe to 
adopt any building code or provision within a code. 
‘‘(d) STATES
OR INDIAN TRIBES THAT DO NOT 
ACHIEVE COMPLIANCE.— 
‘‘(1) REPORTING.—A State or Indian tribe that 
has not made a certification required under sub-
section (b) or (c) by the applicable deadline shall sub-
mit to the Secretary a report on the status of the 
State or Indian tribe with respect to meeting the re-
quirements and submitting the certification. 
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181 
‘‘(2) STATE SOVEREIGNTY.—Nothing in this sec-
tion shall be interpreted to require a State or Indian 
tribe to adopt any building code or provision within 
a code. 
‘‘(3) LOCAL GOVERNMENT.—In any State or In-
dian tribe for which the Secretary has not validated 
a certification under subsection (b) or (c), a local gov-
ernment may be eligible for Federal support by meet-
ing the certification requirements of subsections (b) 
and (c). 
‘‘(4) ANNUAL REPORTS BY SECRETARY.— 
‘‘(A) IN GENERAL.—The Secretary shall an-
nually submit to Congress, and publish in the 
Federal Register, a report on— 
‘‘(i) the status of model building energy 
codes; 
‘‘(ii) the status of code adoption and 
compliance in the States and Indian tribes; 
‘‘(iii) implementation of this section; 
and 
‘‘(iv) improvements in energy savings 
over time as a result of the targets estab-
lished under section 307(b)(2). 
‘‘(B) IMPACTS.—The report shall include es-
timates of impacts of past action under this sec-
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tion, and potential impacts of further action, 
on— 
‘‘(i) upfront financial and construction 
costs, cost benefits and returns (using a re-
turn on investment analysis), and lifetime 
energy use for buildings; 
‘‘(ii) resulting energy costs to individ-
uals and businesses; and 
‘‘(iii) resulting overall annual building 
ownership and operating costs. 
‘‘(e) TECHNICAL ASSISTANCE TO STATES AND INDIAN 
TRIBES.— 
‘‘(1) IN GENERAL.—The Secretary shall, upon re-
quest, provide technical assistance to States and In-
dian tribes to implement the goals and requirements 
of this section— 
‘‘(A) to implement State residential and 
commercial building energy codes; and 
‘‘(B) to document the rate of compliance 
with a building energy code. 
‘‘(2) TECHNICAL
ASSISTANCE.—The assistance 
shall include, as requested by the State or Indian 
tribe, technical assistance in— 
‘‘(A) evaluating the energy savings of build-
ing energy codes; 
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‘‘(B) assessing the economic considerations, 
referenced in section 307(b)(4), of implementing 
building energy codes; 
‘‘(C) building energy analysis and design 
tools; 
‘‘(D) energy simulation models; 
‘‘(E) building demonstrations; 
‘‘(F) developing the definitions of energy use 
intensity and building types for use in model 
building energy codes to evaluate the efficiency 
impacts of the model building energy codes; and 
‘‘(G) complying with a performance-based 
pathway referenced in the model code. 
‘‘(3) EXCLUSION.—For purposes of this section, 
‘technical assistance’ shall not include actions that 
promote or discourage the adoption of a particular 
building energy code, code provision, or energy sav-
ings target to a State or Indian tribe. 
‘‘(4) 
INFORMATION
QUALITY
AND
TRANS-
PARENCY.—For purposes of this section, information 
provided by the Secretary, attendant to any technical 
assistance provided to a State or Indian tribe, is ‘in-
fluential information’ and shall satisfy the guidelines 
established by the Office of Management and Budget 
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and published at 67 Federal Register 8,452 (Feb. 22, 
2002). 
‘‘(f) FEDERAL SUPPORT.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
support to States and Indian tribes— 
‘‘(A) to implement the reporting require-
ments of this section; and 
‘‘(B) to implement residential and commer-
cial building energy codes, including increasing 
and verifying compliance with the codes and 
training of State, tribal, and local building code 
officials to implement and enforce the codes. 
‘‘(2) EXCLUSION.—Support shall not be given to 
support adoption and implementation of model build-
ing energy codes for which the Secretary has made a 
determination under section 307(g)(1)(C) that the 
code is not cost-effective. 
‘‘(3) TRAINING.—Support shall be offered to 
States to train State and local building code officials 
to implement and enforce codes described in para-
graph (1)(B). 
‘‘(4) LOCAL GOVERNMENTS.—States may work 
under this subsection with local governments that im-
plement and enforce codes described in paragraph 
(1)(B). 
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‘‘(g) VOLUNTARY PROGRAMS TO EXCEED MODEL 
BUILDING ENERGY CODE.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
technical assistance, as described in subsection (e), for 
the development of voluntary programs that exceed the 
model building energy codes for residential and com-
mercial buildings for use as— 
‘‘(A) voluntary incentive programs adopted 
by local, tribal, or State governments; and 
‘‘(B) nonbinding guidelines for energy-effi-
cient building design. 
‘‘(2) TARGETS.—The voluntary programs de-
scribed in paragraph (1) shall be designed— 
‘‘(A) to achieve substantial energy savings 
compared to the model building energy codes; 
and 
‘‘(B) to meet targets under section 307(b), if 
available, up to 3 to 6 years in advance of the 
target years. 
‘‘(h) STUDIES.— 
‘‘(1) GAO STUDY.— 
‘‘(A) IN GENERAL.—The Comptroller Gen-
eral of the United States shall conduct a study 
of the impacts of updating the national model 
building energy codes for residential and com-
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186 
mercial buildings. In conducting the study, the 
Comptroller General shall consider and report, 
at a minimum— 
‘‘(i) the actual energy consumption 
savings stemming from updated energy 
codes compared to the energy consumption 
savings predicted during code development; 
‘‘(ii) the actual consumer cost savings 
stemming from updated energy codes com-
pared to predicted consumer cost savings; 
and 
‘‘(iii) an accounting of expenditures of 
the Federal funds under each program au-
thorized by this title. 
‘‘(B) REPORT
TO
CONGRESS.—Not later 
than 3 years after the date of enactment of the 
North American Energy Security and Infra-
structure Act of 2015, the Comptroller General of 
the United States shall submit a report to the 
Committee on Energy and Natural Resources of 
the Senate and the Committee on Energy and 
Commerce of the House of Representatives in-
cluding the study findings and conclusions. 
‘‘(2) FEASIBILITY
STUDY.—The Secretary, in 
consultation with building science experts from the 
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National Laboratories and institutions of higher edu-
cation, designers and builders of energy-efficient resi-
dential and commercial buildings, code officials, and 
other stakeholders, shall undertake a study of the fea-
sibility, impact, economics, and merit of— 
‘‘(A) code improvements that would require 
that buildings be designed, sited, and constructed 
in a manner that makes the buildings more 
adaptable in the future to become zero-net-energy 
after initial construction, as advances are 
achieved in energy-saving technologies; 
‘‘(B) code procedures to incorporate a ten- 
year payback, not just first-year energy use, in 
trade-offs and performance calculations; and 
‘‘(C) legislative options for increasing en-
ergy savings from building energy codes, includ-
ing additional incentives for effective State and 
local verification of compliance with and enforce-
ment of a code. 
‘‘(3) ENERGY
DATA
IN
MULTITENANT
BUILD-
INGS.—The Secretary, in consultation with appro-
priate representatives of the utility, utility regulatory, 
building ownership, and other stakeholders, shall— 
‘‘(A) undertake a study of best practices re-
garding delivery of aggregated energy consump-
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tion information to owners and managers of res-
idential and commercial buildings with multiple 
tenants and uses; and 
‘‘(B) consider the development of a memo-
randum of understanding between and among 
affected stakeholders to reduce barriers to the de-
livery of aggregated energy consumption infor-
mation to such owners and managers. 
‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this sec-
tion or section 307 supersedes or modifies the application 
of sections 321 through 346 of the Energy Policy and Con-
servation Act (42 U.S.C. 6291 et seq.). 
‘‘(j) FUNDING LIMITATIONS.—No Federal funds shall 
be— 
‘‘(1) used to support actions by the Secretary, or 
States, to promote or discourage the adoption of a 
particular building energy code, code provision, or 
energy saving target to a State or Indian tribe; or 
‘‘(2) provided to private third parties or non- 
governmental organizations to engage in such activi-
ties.’’. 
(c) FEDERAL BUILDING ENERGY EFFICIENCY STAND-
ARDS.—Section 305 of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6834) is amended by striking ‘‘vol-
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untary building energy code’’ in subsections (a)(2)(B) and 
(b) and inserting ‘‘model building energy code’’. 
(d) MODEL BUILDING ENERGY CODES.— 
(1) AMENDMENT.—Section 307 of the Energy 
Conservation and Production Act (42 U.S.C. 6836) is 
amended to read as follows: 
‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES. 
‘‘(a) IN GENERAL.—The Secretary shall provide tech-
nical assistance, as described in subsection (c), for updating 
of model building energy codes. 
‘‘(b) TARGETS.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
technical assistance, for updating the model building 
energy codes. 
‘‘(2) TARGETS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide technical assistance to States, Indian 
tribes, local governments, nationally recognized 
code and standards developers, and other inter-
ested parties for updating of model building en-
ergy codes by establishing one or more aggregate 
energy savings targets through rulemaking in ac-
cordance with section 553 of title 5, United 
States Code, to achieve the purposes of this sec-
tion. 
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‘‘(B) SEPARATE
TARGETS.—Separate tar-
gets may be established for commercial and resi-
dential buildings. 
‘‘(C) BASELINES.—The baseline for updat-
ing model building energy codes shall be the 
2009 
IECC 
for 
residential 
buildings 
and 
ASHRAE Standard 90.1–2010 for commercial 
buildings. 
‘‘(D) SPECIFIC YEARS.— 
‘‘(i) IN GENERAL.—Targets for specific 
years shall be established and revised by the 
Secretary through rulemaking in accordance 
with section 553 of title 5, United States 
Code, and coordinated with nationally rec-
ognized code and standards developers at a 
level that— 
‘‘(I) is at the maximum level of 
energy efficiency that is technically 
feasible and cost effective, while ac-
counting for the economic consider-
ations under paragraph (4); and 
‘‘(II) promotes the achievement of 
commercial and residential high per-
formance buildings through high per-
formance energy efficiency (within the 
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meaning of section 401 of the Energy 
Independence and Security Act of 2007 
(42 U.S.C. 17061)). 
‘‘(ii) INITIAL
TARGETS.—Not later 
than 1 year after the date of enactment of 
this clause, the Secretary shall establish ini-
tial targets under this subparagraph. 
‘‘(iii) DIFFERENT
TARGET
YEARS.— 
Subject to clause (i), prior to the applicable 
year, the Secretary may set a later target 
year for any of the model building energy 
codes described in subparagraph (A) if the 
Secretary determines that a target cannot 
be met. 
‘‘(E) SMALL BUSINESS.—When establishing 
targets under this paragraph through rule-
making, the Secretary shall ensure compliance 
with the Small Business Regulatory Enforcement 
Fairness Act of 1996 (5 U.S.C. 601 note; Public 
Law 104–121) for any indirect economic effect 
on small entities that is reasonably foreseeable 
and a result of such rule. 
‘‘(3) APPLIANCE STANDARDS AND OTHER FAC-
TORS AFFECTING BUILDING ENERGY USE.—In estab-
lishing energy savings targets under paragraph (2), 
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192 
the Secretary shall develop and adjust the targets in 
recognition of potential savings and costs relating 
to— 
‘‘(A) efficiency gains made in appliances, 
lighting, windows, insulation, and building enve-
lope sealing; 
‘‘(B) advancement of distributed generation 
and on-site renewable power generation tech-
nologies; 
‘‘(C) equipment improvements for heating, 
cooling, and ventilation systems and water heat-
ing systems; 
‘‘(D) building management systems and 
smart grid technologies to reduce energy use; and 
‘‘(E) other technologies, practices, and 
building systems regarding building plug load 
and other energy uses. 
In developing and adjusting the targets, the Secretary 
shall use climate zone weighted averages for equip-
ment efficiency for heating, cooling, ventilation, and 
water heating systems, using equipment that is actu-
ally installed. 
‘‘(4) ECONOMIC
CONSIDERATIONS.—In estab-
lishing and revising energy savings targets under 
paragraph (2), the Secretary shall consider the eco-
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193 
nomic feasibility of achieving the proposed targets es-
tablished under this section and the potential costs 
and savings for consumers and building owners, by 
conducting a return on investment analysis, using a 
simple payback methodology over a 3-, 5-, and 7-year 
period. The Secretary shall not propose or provide 
technical or financial assistance for any code, provi-
sion in the code, or energy target, or amendment 
thereto, that has a payback greater than 10 years. 
‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING 
ENERGY CODE-SETTING
AND STANDARD DEVELOPMENT 
ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall, on a 
timely basis, provide technical assistance to model 
building energy code-setting and standard develop-
ment organizations consistent with the goals of this 
section. 
‘‘(2) TECHNICAL
ASSISTANCE.—The assistance 
shall include, as requested by the organizations, tech-
nical assistance in— 
‘‘(A) evaluating the energy savings of build-
ing energy codes; 
‘‘(B) assessing the economic considerations, 
under subsection (b)(4), of code or standards pro-
posals or revisions; 
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‘‘(C) building energy analysis and design 
tools; 
‘‘(D) energy simulation models; 
‘‘(E) building demonstrations; 
‘‘(F) developing definitions of energy use in-
tensity and building types for use in model 
building energy codes to evaluate the efficiency 
impacts of the model building energy codes; 
‘‘(G) developing a performance-based path-
way for compliance; 
‘‘(H) developing model building energy 
codes by Indian tribes in accordance with tribal 
law; and 
‘‘(I) code development meetings, including 
through direct Federal employee participation in 
committee meetings, hearings and online commu-
nication, voting, and presenting research and 
technical or economic analyses during such meet-
ings. 
‘‘(3) EXCLUSION.—Except as provided in para-
graph (2)(I), for purposes of this section, ‘technical 
assistance’ shall not include actions that promote or 
discourage the adoption of a particular building en-
ergy code, code provision, or energy savings target. 
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195 
‘‘(4) 
INFORMATION
QUALITY
AND
TRANS-
PARENCY.—For purposes of this section, information 
provided by the Secretary, attendant to development 
of any energy savings targets, is influential informa-
tion and shall satisfy the guidelines established by the 
Office of Management and Budget and published at 
67 Federal Register 8,452 (Feb. 22, 2002). 
‘‘(d) AMENDMENT PROPOSALS.— 
‘‘(1) IN GENERAL.—The Secretary may submit 
timely model building energy code amendment pro-
posals that are technically feasible, cost-effective, and 
technology-neutral to the model building energy code- 
setting and standard development organizations, with 
supporting evidence, sufficient to enable the model 
building energy codes to meet the targets established 
under subsection (b)(2). 
‘‘(2) PROCESS AND FACTORS.—All amendment 
proposals submitted by the Secretary shall be pub-
lished in the Federal Register and made available on 
the Department of Energy website 90 days prior to 
any submittal to a code development body, and shall 
be subject to a public comment period of not less than 
60 days. Information provided by the Secretary, at-
tendant to submission of any amendment proposals, 
is influential information and shall satisfy the guide-
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196 
lines established by the Office of Management and 
Budget and published at 67 Federal Register 8,452 
(Feb. 22, 2002). When calculating the costs and bene-
fits of an amendment, the Secretary shall use climate 
zone weighted averages for equipment efficiency for 
heating, cooling, ventilation, and water heating sys-
tems, using equipment that is actually installed. 
‘‘(e) ANALYSIS METHODOLOGY.—The Secretary shall 
make publicly available the entire calculation methodology 
(including input assumptions and data) used by the Sec-
retary to estimate the energy savings of code or standard 
proposals and revisions. 
‘‘(f) METHODOLOGY DEVELOPMENT.—The Secretary 
shall establish a methodology for evaluating cost effective-
ness of energy code changes in multifamily buildings that 
incorporates economic parameters representative of typical 
multifamily buildings. 
‘‘(g) DETERMINATION.— 
‘‘(1) REVISION
OF
MODEL
BUILDING
ENERGY 
CODES.—If the provisions of the IECC or ASHRAE 
Standard 90.1 regarding building energy use are re-
vised, the Secretary shall make a preliminary deter-
mination not later than 90 days after the date of the 
revision, and a final determination not later than 15 
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months after the date of the revision, on whether or 
not the revision— 
‘‘(A) improves energy efficiency in buildings 
compared to the existing IECC or ASHRAE 
Standard 90.1, as applicable; 
‘‘(B) meets the applicable targets under sub-
section (b)(2); and 
‘‘(C) is technically feasible and cost-effec-
tive. 
‘‘(2) CODES OR STANDARDS NOT MEETING CRI-
TERIA.— 
‘‘(A) IN GENERAL.—If the Secretary makes 
a preliminary determination under paragraph 
(1)(B) that a revised IECC or ASHRAE Stand-
ard 90.1 does not meet the targets established 
under subsection (b)(2), is not technically fea-
sible, or is not cost-effective, the Secretary may 
at the same time provide technical assistance, as 
described in subsection (c), to the International 
Code Council or ASHRAE, as applicable, with 
proposed changes that would result in a model 
building energy code or standard that meets the 
criteria, and with supporting evidence. Proposed 
changes submitted by the Secretary shall be pub-
lished in the Federal Register and made avail-
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able on the Department of Energy website 90 
days prior to any submittal to a code develop-
ment body, and shall be subject to a public com-
ment period of not less than 60 days. Informa-
tion provided by the Secretary, attendant to sub-
mission of any amendment proposals, is influen-
tial information and shall satisfy the guidelines 
established by the Office of Management and 
Budget and published at 67 Federal Register 
8,452 (Feb. 22, 2002). 
‘‘(B) INCORPORATION OF CHANGES.— 
‘‘(i) IN GENERAL.—On receipt of the 
technical assistance, as described in sub-
section (c), the International Code Council 
or ASHRAE, as applicable, shall, prior to 
the Secretary making a final determination 
under paragraph (1), have an additional 
270 days to accept or reject the proposed 
changes made by the Secretary to the model 
building energy code or standard. 
‘‘(ii) FINAL DETERMINATION.—A final 
determination under paragraph (1) shall be 
on the final revised model building energy 
code or standard. 
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199 
‘‘(h) ADMINISTRATION.—In carrying out this section, 
the Secretary shall— 
‘‘(1) publish notice of targets, amendment pro-
posals and supporting analysis and determinations 
under this section in the Federal Register to provide 
an explanation of and the basis for such actions, in-
cluding any supporting modeling, data, assumptions, 
protocols, and cost-benefit analysis, including return 
on investment; 
‘‘(2) provide an opportunity for public comment 
on targets and supporting analysis and determina-
tions under this section, in accordance with section 
553 of title 5, United States Code; and 
‘‘(3) provide an opportunity for public comment 
on amendment proposals. 
‘‘(i) VOLUNTARY CODES AND STANDARDS.—Not with-
standing any other provision of this section, any model 
building code or standard established under this section 
shall not be binding on a State, local government, or Indian 
tribe as a matter of Federal law.’’. 
(2) CONFORMING AMENDMENT.—The item relat-
ing to section 307 in the table of contents for the En-
ergy Conservation and Production Act is amended to 
read as follows: 
‘‘Sec. 307. Support for model building energy codes.’’. 
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200 
SEC. 4152. VOLUNTARY NATURE OF BUILDING ASSET RAT-
ING PROGRAM. 
(a) IN GENERAL.—Any program of the Secretary of 
Energy that may enable the owner of a commercial building 
or a residential building to obtain a rating, score, or label 
regarding the actual or anticipated energy usage or per-
formance of a building shall be made available on a vol-
untary, optional, and market-driven basis. 
(b) DISCLAIMER AS TO REGULATORY INTENT.—Infor-
mation disseminated by the Secretary of Energy regarding 
the program described in subsection (a), including any in-
formation made available by the Secretary on a website, 
shall include language plainly stating that such program 
is not developed or intended to be the basis for a regulatory 
program by a Federal, State, local, or municipal govern-
ment body. 
CHAPTER 6—EPCA TECHNICAL 
CORRECTIONS AND CLARIFICATIONS 
SEC. 4161. MODIFYING PRODUCT DEFINITIONS. 
(a) AUTHORITY TO MODIFY DEFINITIONS.— 
(1) COVERED
PRODUCTS.—Section 322 of the 
Energy Policy and Conservation Act (42 U.S.C. 
6292) is amended by adding at the end the following: 
‘‘(c) MODIFYING DEFINITIONS
OF COVERED PROD-
UCTS.— 
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201 
‘‘(1) IN GENERAL.—For any covered product for 
which a definition is provided in section 321, the Sec-
retary may, by rule, unless prohibited herein, modify 
such definition in order to— 
‘‘(A) address significant changes in the 
product or the market occurring since the defini-
tion was established; and 
‘‘(B) better enable improvements in the en-
ergy efficiency of the product as part of an en-
ergy using system. 
‘‘(2) 
ANTIBACKSLIDING
EXEMPTION.—Section 
325(o)(1) shall not apply to adjustments to covered 
product definitions made pursuant to this subsection. 
‘‘(3) PROCEDURE FOR MODIFYING DEFINITION.— 
‘‘(A) IN GENERAL.—Notice of any adjust-
ment to the definition of a covered product and 
an explanation of the reasons therefor shall be 
published in the Federal Register and oppor-
tunity provided for public comment. 
‘‘(B) CONSENSUS REQUIRED.—Any amend-
ment to the definition of a covered product under 
this subsection must have consensus support, as 
reflected in— 
‘‘(i) the outcome of negotiations con-
ducted in accordance with the subchapter 
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