I 
110TH CONGRESS 
2D SESSION 
H. R. 6729 
To encourage greater energy efficiency in building codes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 31, 2008 
Mr. DINGELL (for himself and Mr. BOUCHER) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To encourage greater energy efficiency in building codes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. GREATER ENERGY EFFICIENCY IN BUILDING 
CODES. 
(a) IN GENERAL.—Section 304 of the Energy Con-
servation and Production Act (42 U.S.C. 6833) is amend-
ed to read as follows: 
‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI-
CIENCY CODES. 
‘‘(a) UPDATING NATIONAL MODEL BUILDING EN-
ERGY CODES.—(1) The Secretary shall support updating 
the national model building energy codes and standards 
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at least every 3 years to achieve overall energy savings, 
compared to the 2006 IECC for residential buildings and 
ASHRAE Standard 90.1–2007 for commercial buildings, 
of at least— 
‘‘(A) 30 percent in editions of each model code 
or standard released in or after 2010; and 
‘‘(B) 50 percent in editions of each model code 
or standard released in or after 2020. 
Targets for specific years shall be set by the Secretary 
at least 3 years in advance of each target year, coordinated 
with the IECC and ASHRAE Standard 90.1 cycles, at the 
maximum level of energy efficiency that is technologically 
feasible and life-cycle cost effective. 
‘‘(2)(A) Whenever the provisions of the IECC or 
ASHRAE Standard 90.1 regarding building energy use 
are revised, the Secretary shall make a preliminary deter-
mination not later than 90 days after the date of the revi-
sion, and a final determination not later than 12 months 
after the date of such revision, on— 
‘‘(i) whether such revision will improve energy 
efficiency in buildings; and 
‘‘(ii) whether such revision will meet the targets 
under paragraph (1). 
‘‘(B) If the Secretary makes a determination under 
subparagraph (A)(ii) that a code or standard does not 
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meet the targets under paragraph (1), or if a national 
model code or standard is not updated for more than 3 
years, then the Secretary shall, within 12 months after 
such determination, establish a modified code or standard 
that meets such targets. Any such modified code or stand-
ard— 
‘‘(i) shall achieve the maximum level of energy 
savings that is technologically feasible and life-cycle 
cost-effective; 
‘‘(ii) shall be based on the latest revision of the 
IECC or ASHRAE Standard 90.1, including any 
amendments or additions thereto, but may also con-
sider other model codes or standards; and 
‘‘(iii) shall serve as the baseline for the next de-
termination under subparagraph (A)(i). 
‘‘(C) The Secretary shall provide the opportunity for 
public comment on targets, determinations, and modified 
codes and standards under this subsection, and shall pub-
lish notice of targets, determinations, and modified codes 
and standards under this subsection in the Federal Reg-
ister. 
‘‘(b) STATE CERTIFICATION OF BUILDING ENERGY 
CODE UPDATES.—(1) Not later than 2 years after the 
date of enactment of this subsection, each State shall cer-
tify to the Secretary that it has reviewed and updated the 
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provisions of its residential and commercial building codes 
regarding energy efficiency. Such certification shall in-
clude a demonstration that such State’s code provisions 
meet or exceed the 2006 IECC for residential buildings 
and the ASHRAE Standard 90.1–2007 for commercial 
buildings, or achieve equivalent or greater energy savings. 
‘‘(2)(A) If the Secretary makes an affirmative deter-
mination under subsection (a)(2)(A)(i) or establishes a 
modified code or standard under subsection (a)(2)(B), 
each State shall, within 2 years after such determination 
or establishment, certify that it has reviewed and updated 
the provisions of its building code regarding energy effi-
ciency. Such certification shall include a demonstration 
that such State’s code provisions meet or exceed the re-
vised code or standard, or achieve equivalent or greater 
energy savings. 
‘‘(B) If the Secretary fails to make a determination 
under subsection (a)(2)(A)(i) by the date specified in sub-
section (a)(2), or makes a negative determination, each 
State shall within 2 years after the specified date or the 
date of the determination, certify that it has reviewed the 
revised code or standard, and updated the provisions of 
its building code regarding energy efficiency to meet or 
exceed any provisions found to improve energy efficiency 
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in buildings, or to achieve equivalent or greater energy 
savings in other ways. 
‘‘(c) STATE CERTIFICATION OF COMPLIANCE WITH 
BUILDING CODES.—(1) Each State shall, not later than 
3 years after a certification under subsection (b), certify 
that it has— 
‘‘(A) achieved compliance under paragraph (3) 
with the certified State building energy code or with 
the associated model code or standard; or 
‘‘(B) made significant progress under para-
graph (4) toward achieving compliance with the cer-
tified State building energy code or with the associ-
ated model code or standard. 
If the State certifies progress toward achieving compli-
ance, the State shall repeat the certification each year 
until it certifies that it has achieved compliance. 
‘‘(2) A certification under paragraph (1) shall include 
documentation of the rate of compliance based on inde-
pendent inspections of a random sample of the new and 
renovated buildings covered by the code in the preceding 
year, or based on an alternative method that yields an ac-
curate measure of compliance. 
‘‘(3)(A) A State shall be considered to achieve compli-
ance under paragraph (1) if— 
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‘‘(i) at least 90 percent of new and renovated 
building space covered by the code in the preceding 
year substantially meets all the requirements of the 
code regarding energy efficiency, or achieves an 
equivalent energy savings level; or 
‘‘(ii) the estimated excess energy use of new 
and renovated buildings that did not meet the code 
in the preceding year, compared to a baseline of 
comparable buildings that meet the code, is not more 
than 5 percent of the estimated energy use of all 
new and renovated buildings covered by the code in 
the preceding year. 
‘‘(B) Only renovations with building permits are cov-
ered under this paragraph. If the Secretary determines the 
percentage targets under subparagraph (A) are not rea-
sonably achievable for renovated residential or commercial 
buildings, the Secretary may reduce the targets for such 
renovated buildings to the highest achievable level. 
‘‘(4)(A) A State shall be considered to have made sig-
nificant progress toward achieving compliance for pur-
poses of paragraph (1) if the State— 
‘‘(i) has developed and is implementing a plan 
for achieving compliance within 8 years, assuming 
continued adequate funding, including active train-
ing and enforcement programs; 
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‘‘(ii) after 1 or more years of adequate funding, 
has demonstrated progress, in conformance with the 
plan described in clause (i), toward compliance; 
‘‘(iii) after 5 or more years of adequate fund-
ing, meets the requirement in paragraph (3) sub-
stituting 80 percent for 90 percent or substituting 
10 percent for 5 percent; and 
‘‘(iv) has not had more than 8 years of ade-
quate funding. 
‘‘(B) Funding shall be considered adequate, for pur-
poses of this paragraph, when the Federal Government 
provides to the States at least $50,000,000 in a year in 
funding and support for development and implementation 
of State building energy codes, including for training and 
enforcement. 
‘‘(d) FAILURE TO MEET DEADLINES.—(1) A State 
that has not made a certification required under sub-
section (b) or (c) by the applicable deadline shall submit 
to the Secretary a report on— 
‘‘(A) the status of the State with respect to 
meeting the requirements and submitting the certifi-
cation; and 
‘‘(B) a plan for meeting the requirements and 
submitting the certification. 
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‘‘(2) Any State for which the Secretary has not ac-
cepted a certification by a deadline under subsection (b) 
or (c) of this section is out of compliance with this section. 
‘‘(3) In any State that is out of compliance with this 
section, a local government may be in compliance with this 
section by meeting the certification requirements under 
subsections (b) and (c) of this section. 
‘‘(4) The Secretary shall annually submit to Con-
gress, and publish in the Federal Register, a report on 
the status of national model building energy codes and 
standards, the status of code adoption and compliance in 
the States, and implementation of this section. The report 
shall include estimates of impacts of past action under this 
section and potential impacts of further action on lifetime 
energy use by buildings and resulting energy costs to indi-
viduals and businesses. 
‘‘(e) TECHNICAL ASSISTANCE.—(1) The Secretary 
shall on a timely basis provide technical assistance to 
model code-setting and standard development organiza-
tions. This assistance shall include technical assistance as 
requested by the organizations in evaluating code or 
standards proposals or revisions, building energy analysis 
and design tools, building demonstrations, and design as-
sistance and training. The Secretary shall submit code and 
standard amendment proposals, with supporting evidence, 
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sufficient to enable the national model building energy 
codes and standards to meet the targets in subsection 
(a)(1). 
‘‘(2) The Secretary shall provide technical assistance 
to States to implement the requirements of this section, 
including procedures for States to demonstrate that their 
code provisions achieve equivalent or greater energy sav-
ings than the national model codes and standards, and to 
improve and implement State residential and commercial 
building energy efficiency codes or to otherwise promote 
the design and construction of energy efficient buildings. 
‘‘(f) AVAILABILITY
OF INCENTIVE FUNDING.—(1) 
The Secretary shall provide incentive funding to States to 
implement the requirements of this section, and to im-
prove and implement State residential and commercial 
building energy efficiency codes, including increasing and 
verifying compliance with such codes. In determining 
whether, and in what amount, to provide incentive funding 
under this subsection, the Secretary shall consider the ac-
tions proposed by the State to implement the requirements 
of this section, to improve and implement residential and 
commercial building energy efficiency codes, and to pro-
mote building energy efficiency through the use of such 
codes. 
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and commercial building energy efficiency codes, as 
described in subparagraph (A). 
‘‘(3) Of the amounts made available under this sub-
section, the Secretary may use amounts required, not ex-
ceeding $500,000 for each State, to train State and local 
officials to implement codes described in paragraph (2). 
‘‘(4) There are authorized to be appropriated to carry 
out this subsection— 
‘‘(A) $70,000,000 for each of fiscal years 2009 
through 2013; and 
‘‘(B) such sums as are necessary for fiscal year 
2014 and each fiscal year thereafter.’’. 
(b) DEFINITION.—Section 303 of the Energy Con-
servation and Production Act (42 U.S.C. 6832) is amend-
ed by adding at the end the following new paragraph: 
‘‘(17) The term ‘IECC’ means the International 
Energy Conservation Code.’’. 
Æ 
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