‘‘(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 aggre-
gate energy savings targets through rulemaking 
in accordance with section 553 of title 5, 
United States Code, to achieve the purposes of 
this section. 
‘‘(B) SEPARATE TARGETS.—Separate tar-
gets may be established for commercial and res-
idential 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 spe-
cific years shall be established and revised 
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by the Secretary through rulemaking in ac-
cordance with section 553 of title 5, 
United States Code, and coordinated with 
nationally recognized 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 
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)). 
‘‘(ii) INITIAL
TARGETS.—Not later 
than 1 year after the date of enactment of 
this clause, the Secretary shall establish 
initial targets under this subparagraph. 
‘‘(iii) DIFFERENT
TARGET
YEARS.— 
Subject to clause (i), prior to the applica-
ble year, the Secretary may set a later tar-
get year for any of the model building en-
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ergy codes described in subparagraph (A) 
if the Secretary determines that a target 
cannot be met. 
‘‘(E) 
SMALL
BUSINESS.—When 
estab-
lishing targets under this paragraph through 
rulemaking, the Secretary shall ensure compli-
ance with the Small Business Regulatory En-
forcement Fairness Act of 1996 (5 U.S.C. 601 
note; Public Law 104–121) for any indirect eco-
nomic 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 es-
tablishing energy savings targets under paragraph 
(2), the Secretary shall develop and adjust the tar-
gets in recognition of potential savings and costs re-
lating to— 
‘‘(A) efficiency gains made in appliances, 
lighting, windows, insulation, and building enve-
lope sealing; 
‘‘(B) advancement of distributed genera-
tion and on-site renewable power generation 
technologies; 
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‘‘(C) equipment improvements for heating, 
cooling, ventilation systems and water heating 
systems; 
‘‘(D) building management systems and 
SmartGrid 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 Sec-
retary shall use climate zone weighted averages for 
equipment efficiency for heating, cooling, ventilation 
systems and water heating systems, using equipment 
that is actually installed. 
‘‘(4) ECONOMIC
CONSIDERATIONS.—In estab-
lishing and revising energy savings targets under 
paragraph (2), the Secretary shall consider the eco-
nomic feasibility of achieving the proposed targets 
established 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 pro-
vide technical or financial assistance for any code, 
provision in the code, or energy target, or amend-
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ment 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 
modelment organizations consistent to implement 
the goals of this section. 
‘‘(2) TECHNICAL ASSISTANCE.—The assistance 
shall include, as requested by the organizations, 
technical assistance in— 
‘‘(A) evaluating the energy savings of 
building energy codes; 
‘‘(B) assessing the economic consider-
ations, under subsection (b)(4), of code or 
standards proposals or revisions; 
‘‘(C) building energy analysis and design 
tools; 
‘‘(D) energy simulation models; 
‘‘(E) building demonstrations; 
‘‘(F) developing 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; 
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‘‘(G) developing a performance-based path-
way for compliance; and 
‘‘(H) developing model building energy 
codes by Indian tribes in accordance with tribal 
law. 
‘‘(3) EXCLUSION.—For purposes of this section, 
‘technical assistance’ shall not include actions that 
advocate, promote, or discourage the adoption of a 
particular building energy code, code provision, or 
energy savings target. 
‘‘(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 to the model building energy code-setting and 
standard development organizations, with supporting 
evidence, sufficient to enable the model building en-
ergy codes to meet the targets established under 
subsection (b)(2). 
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‘‘(2) PROCESS
AND
FACTORS.—Amendment 
proposals submitted by the Secretary shall follow 
rulemaking in accordance with section 553 of title 5, 
United States Code, and the factors and standards 
set forth in subsections (b)(2)(E), (b)(3), and (b)(4). 
Information provided by the Secretary, attendant to 
submission of any amendment proposals, is ‘influen-
tial information’, and shall satisfy the guidelines es-
tablished by the Office of Management and Budget 
and published at 67 Federal Register 8,452 (Feb. 
22, 2002). When calculating the costs and benefits 
of an amendment, the Secretary shall use climate 
zone weighted averages for equipment efficiency for 
heating, cooling, ventilation systems and water heat-
ing systems, using equipment that is actually in-
stalled. 
‘‘(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 
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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 
months after the date of the revision, on whether or 
not the revision— 
‘‘(A) improves energy efficiency in build-
ings compared to the existing model building 
energy code; 
‘‘(B) meets the applicable targets under 
subsection (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 para-
graph (1)(B) that a code or standard does not 
meet the targets established under subsection 
(b)(2), is not technically feasible, or is not cost- 
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effective, the Secretary may at the same time 
provide technical assistance, as described in 
subsection (c), to the model building energy 
code or standard developer, with proposed 
changes that would result in a model building 
energy code that meets the criteria and with 
supporting evidence. Proposed changes sub-
mitted by the Secretary shall follow rulemaking 
in accordance with section 553 of title 5, 
United States Code, and the factors and stand-
ards set forth in subsections (b)(2)(E), (b)(3), 
and (b)(4). Information provided by the Sec-
retary, attendant to submission of any amend-
ment proposals, is ‘influential information’, and 
shall satisfy the guidelines established by the 
Office of Management and Budget and pub-
lished 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 model building energy code 
or standard developer shall have an addi-
tional 270 days to accept or reject the pro-
posed changes of the Secretary the model 
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building energy code or standard for the 
Secretary to make a final determination. 
‘‘(ii) 
FINAL
DETERMINATION.—A 
final determination under paragraph (1) 
shall be on the modified model building en-
ergy code or standard. 
‘‘(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; and 
‘‘(2) provide an opportunity for public comment 
on targets, amendment proposals and supporting 
analysis and determinations under this section, in 
accordance with section 553 of title 5, United States 
Code. 
‘‘(i) VOLUNTARY CODES
AND STANDARDS.—Not 
withstanding 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.’’. 
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Subtitle B—Worker Training and 
Capacity Building 
SEC. 111. BUILDING TRAINING AND ASSESSMENT CENTERS. 
The Secretary shall provide grants to institutions of 
higher education (as defined in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001)) and Tribal Col-
leges or Universities (as defined in section 316(b) of that 
Act (20 U.S.C. 1059c(b))) to establish building training 
and assessment centers— 
(1) to identify opportunities for optimizing en-
ergy efficiency and environmental performance in 
buildings; 
(2) to promote the application of emerging con-
cepts and technologies in commercial and institu-
tional buildings; and 
(3) to train engineers, architects, building sci-
entists, building energy permitting and enforcement 
officials, and building technicians in energy-efficient 
design and operation. 
TITLE II—MISCELLANEOUS 
SEC. 201. VOLUNTARY NATURE OF BUILDING ASSET RAT-
ING PROGRAM. 
(a) IN GENERAL.—Any program of the Secretary 
that may enable the owner of a commercial building or 
a residential building to obtain a rating, score, or label 
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