‘‘(A) are at the maximum level of energy 
efficiency that is technically feasible, tech-
nology-neutral, and cost effective, while ac-
counting for the economic considerations under 
paragraph (5); 
‘‘(B) promote the achievement of commer-
cial and residential high-performance buildings 
through high-performance energy efficiency 
(within the meaning of section 401 of the En-
ergy Independence and Security Act of 2007 
(42 U.S.C. 17061)); and 
‘‘(C) increase adoptability and compliance 
according to section 304 and paragraph (3). 
‘‘(2) PROCESS AND FACTORS.—All amendment 
proposals submitted by the Secretary, along with the 
entire calculation methodology (including input as-
sumptions and data), shall be published in the Fed-
eral Register and made available on the Department 
of Energy website 90 days prior to any submittal to 
a code development body. Additionally, the Secretary 
shall accept public comments for a period of not less 
than 60 days. Information provided by the Sec-
retary, attendant to submission of any amendment 
proposals, is ‘influential information’, and shall sat-
isfy the guidelines established by the Office of Man-
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agement and Budget and published in the Federal 
Register on February 22, 2002 (67 Fed. Reg. 
8452). When calculating the costs and benefits of an 
amendment, the Secretary shall use climate zone 
weighted averages for equipment efficiency for heat-
ing, cooling, ventilation systems and water heating 
systems, using equipment that is actually installed. 
‘‘(3) SMALL
BUSINESS.—When establishing 
amendments under paragraph (1), 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 indi-
rect economic effect on small entities that is reason-
ably foreseeable and a result of such amendment 
rule. 
‘‘(4) APPLIANCE STANDARDS AND OTHER FAC-
TORS AFFECTING BUILDING ENERGY USE.— 
‘‘(A) 
IN
GENERAL.—In 
establishing 
amendments under paragraph (1), the Sec-
retary shall develop and adjust the amendments 
in recognition of potential savings and costs re-
lating to— 
‘‘(i) efficiency gains made in appli-
ances, lighting, windows, insulation, and 
building envelope sealing; 
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‘‘(ii) advancement of distributed gen-
eration and on-site renewable power gen-
eration technologies; 
‘‘(iii) equipment improvements for 
heating, cooling, ventilation systems and 
water heating systems; 
‘‘(iv) building management systems 
and SmartGrid technologies to reduce en-
ergy use; and 
‘‘(v) other technologies, practices, and 
building systems regarding building plug 
load and other energy uses. 
‘‘(B) REQUIREMENT.—In developing and 
adjusting the amendments, the Secretary shall 
use climate zone weighted averages for equip-
ment efficiency for heating, cooling, ventilation 
systems and water heating systems, using 
equipment that is actually installed. 
‘‘(5) ECONOMIC
CONSIDERATIONS.—In estab-
lishing and revising amendments under paragraph 
(1), the Secretary shall consider the economic feasi-
bility of achieving the proposed amendments estab-
lished under this section and the potential costs and 
savings for consumers and building owners, by con-
ducting a return on investment analysis, using a 
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simple payback methodology over a 3-, 5-, and 7- 
year period. The Secretary shall not propose, or pro-
vide technical or financial assistance for, any provi-
sion in the code or amendment that has a simple 
payback greater than 10 years. 
‘‘(d) 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. 
‘‘(e) 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. 
‘‘(f) DETERMINATION.— 
‘‘(1) ANALYSIS.—If the provisions of the IECC 
or ASHRAE Standard 90.1 regarding building en-
ergy use are revised, not later than 90 days after the 
date of the publication of the revised code, the Sec-
retary shall conduct a return on investment analysis 
of the entire code, by climate zone, using a simple 
payback methodology over a 3-, 5-, and 7-year pe-
riod. 
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‘‘(2) DETERMINATION.—If the provisions of the 
IECC or ASHRAE Standard 90.1 regarding build-
ing energy use are revised, the Secretary shall make 
a determination not later than 15 months after the 
date of the publication of the revised code, on wheth-
er or not the revised code— 
‘‘(A) improves energy efficiency in build-
ings compared to the previously existing model 
building energy code; 
‘‘(B) is technically feasible; and 
‘‘(C) is cost-effective. 
‘‘(g) ADMINISTRATION.—In carrying out this section, 
the Secretary shall— 
‘‘(1) publish notice of amendment proposals and 
supporting analysis and determinations under this 
section in the Federal Register to provide an expla-
nation of and the basis for such actions, including 
any supporting modeling, data, assumptions, proto-
cols, and cost benefit analysis, including return on 
investment; and 
‘‘(2) provide an opportunity for public comment 
on amendment proposals and supporting analysis 
and determinations under this section. 
‘‘(h) VOLUNTARY CODES
AND STANDARDS.—Not 
withstanding any other provision of this section, any 
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