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-
ergy codes described in subparagraph (A) 
if the Secretary determines that a target 
cannot be met. 
VerDate Mar 15 2010 
04:21 Jul 09, 2014
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5027.IH
H5027
tjames@gpo.gov on DSK5VPTVN1PROD with BILLS
‘‘(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; 
‘‘(C) equipment improvements for heating, 
cooling, ventilation systems and water heating 
systems; 
VerDate Mar 15 2010 
04:21 Jul 09, 2014
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5027.IH
H5027
tjames@gpo.gov on DSK5VPTVN1PROD with BILLS
‘‘(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-
ment thereto that has a payback greater than 10 
years. 
VerDate Mar 15 2010 
02:57 Jul 10, 2014
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5027.IH
H5027
tjames@gpo.gov on DSK5VPTVN1PROD with BILLS
‘‘(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-
ment 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; 
‘‘(G) developing a performance-based path-
way for compliance; and 
VerDate Mar 15 2010 
04:21 Jul 09, 2014
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5027.IH
H5027
tjames@gpo.gov on DSK5VPTVN1PROD with BILLS
‘‘(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). 
‘‘(2) PROCESS
AND
FACTORS.—Amendment 
proposals submitted by the Secretary shall follow 
VerDate Mar 15 2010 
04:21 Jul 09, 2014
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5027.IH
H5027
tjames@gpo.gov on DSK5VPTVN1PROD with BILLS