---
kind: "section"
citation: "42 U.S.C. § 6833"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6833"
heading: "Updating State building energy efficiency codes"
release: "119-102"
url: "https://uscodex.org/usc/42/6833"
units:
  - "Chapter 81 — Energy Conservation and Resource Renewal"
  - "Subchapter II — Energy Conservation Standards for New Buildings"
---

# §6833. Updating State building energy efficiency codes

- (a) **Consideration and determination respecting residential building energy codes—**
  - (1) Not later than 2 years after October 24, 1992, each [State](/usc/42/6832.md?p=11) shall certify to the [Secretary](/usc/42/6832.md?p=10) that it has reviewed the provisions of its residential building code regarding [energy efficiency](/usc/42/6291.md?p=5) and made a determination as to whether it is appropriate for such [State](/usc/42/6832.md?p=11) to revise such residential building code provisions to meet or exceed [CABO](/usc/42/6832.md?p=15) Model Energy Code, 1992.
  - (2) The determination referred to in [paragraph (1)](#a-1) shall be—
    - (A) made after public notice and hearing;
    - (B) in writing;
    - (C) based upon findings included in such determination and upon the evidence presented at the hearing; and
    - (D) available to the public.
  - (3) Each [State](/usc/42/6832.md?p=11) may, to the extent consistent with otherwise applicable [State](/usc/42/6832.md?p=11) law, revise the provisions of its residential building code regarding [energy efficiency](/usc/42/6291.md?p=5) to meet or exceed [CABO](/usc/42/6832.md?p=15) Model Energy Code, 1992, or may decline to make such revisions.
  - (4) If a [State](/usc/42/6832.md?p=11) makes a determination under [paragraph (1)](#a-1) that it is not appropriate for such [State](/usc/42/6832.md?p=11) to revise its residential building code, such [State](/usc/42/6832.md?p=11) shall submit to the [Secretary](/usc/42/6832.md?p=10), in writing, the reasons for such determination, and such statement shall be available to the public.
  - (5)
    - (A) Whenever [CABO](/usc/42/6832.md?p=15) Model Energy Code, 1992,[^1] (or any successor of such code) is revised, the [Secretary](/usc/42/6832.md?p=10) shall, not later than 12 months after such revision, determine whether such revision would improve [energy efficiency](/usc/42/6291.md?p=5) in [residential buildings](/usc/42/6832.md?p=9). The [Secretary](/usc/42/6832.md?p=10) shall publish notice of such determination in the Federal Register.
    - (B) If the [Secretary](/usc/42/6832.md?p=10) makes an affirmative determination under [subparagraph (A)](#a-5-A), each [State](/usc/42/6832.md?p=11) shall, not later than 2 years after the date of the publication of such determination, certify that it has reviewed the provisions of its residential building code regarding [energy efficiency](/usc/42/6291.md?p=5) and made a determination as to whether it is appropriate for such [State](/usc/42/6832.md?p=11) to revise such residential building code provisions to meet or exceed the revised code for which the [Secretary](/usc/42/6832.md?p=10) made such determination.
    - (C) Paragraphs [(2)](#a-2), [(3)](#a-3), and [(4)](#a-4) shall apply to any determination made under [subparagraph (B)](#a-5-B).
- (b) **Certification of commercial building energy code updates—**
  - (1) Not later than 2 years after October 24, 1992, each [State](/usc/42/6832.md?p=11) shall certify to the [Secretary](/usc/42/6832.md?p=10) that it has reviewed and updated the provisions of its commercial building code regarding [energy efficiency](/usc/42/6291.md?p=5). Such certification shall include a demonstration that such [State](/usc/42/6832.md?p=11)’s code provisions meet or exceed the requirements of [ASHRAE](/usc/42/6832.md?p=16) [Standard](/usc/42/1320d.md?p=7) 90.1–1989.
  - (2)
    - (A) Whenever the provisions of [ASHRAE](/usc/42/6832.md?p=16) [Standard](/usc/42/1320d.md?p=7) 90.1–1989 (or any successor [standard](/usc/42/1320d.md?p=7)) regarding [energy efficiency](/usc/42/6291.md?p=5) in [commercial buildings](/usc/42/6832.md?p=4) are revised, the [Secretary](/usc/42/6832.md?p=10) shall, not later than 12 months after the date of such revision, determine whether such revision will improve [energy efficiency](/usc/42/6291.md?p=5) in [commercial buildings](/usc/42/6832.md?p=4). The [Secretary](/usc/42/6832.md?p=10) shall publish a notice of such determination in the Federal Register.
    - (B)
      - (i) If the [Secretary](/usc/42/6832.md?p=10) makes an affirmative determination under [subparagraph (A)](#b-2-A), each [State](/usc/42/6832.md?p=11) shall, not later than 2 years after the date of the publication of such determination, certify that it has reviewed and updated the provisions of its commercial building code regarding [energy efficiency](/usc/42/6291.md?p=5) in accordance with the revised [standard](/usc/42/1320d.md?p=7) for which such determination was made. Such certification shall include a demonstration that the provisions of such [State](/usc/42/6832.md?p=11)’s commercial building code regarding [energy efficiency](/usc/42/6291.md?p=5) meet or exceed such revised [standard](/usc/42/1320d.md?p=7).
      - (ii) If the [Secretary](/usc/42/6832.md?p=10) makes a determination under [subparagraph (A)](#b-2-A) that such revised [standard](/usc/42/1320d.md?p=7) will not improve [energy efficiency](/usc/42/6291.md?p=5) in [commercial buildings](/usc/42/6832.md?p=4), [State](/usc/42/6832.md?p=11) commercial building code provisions regarding [energy efficiency](/usc/42/6291.md?p=5) shall meet or exceed [ASHRAE](/usc/42/6832.md?p=16) [Standard](/usc/42/1320d.md?p=7) 90.1–1989, or if such [standard](/usc/42/1320d.md?p=7) has been revised, the last revised [standard](/usc/42/1320d.md?p=7) for which the [Secretary](/usc/42/6832.md?p=10) has made an affirmative determination under [subparagraph (A)](#b-2-A).
- (c) **Extensions—** The [Secretary](/usc/42/6832.md?p=10) shall permit extensions of the deadlines for the certification requirements under subsections [(a)](#a) and [(b)](#b) if a [State](/usc/42/6832.md?p=11) can demonstrate that it has made a good faith effort to comply with such requirements and that it has made significant progress in doing so.
- (d) **Technical assistance—** The [Secretary](/usc/42/6832.md?p=10) shall provide technical assistance to [States](/usc/42/6832.md?p=11) to implement the requirements of this section, and to improve and implement [State](/usc/42/6832.md?p=11) residential and [commercial building](/usc/42/6832.md?p=4) [energy efficiency](/usc/42/6291.md?p=5) codes or to otherwise promote the design and [construction](/usc/42/7479.md?p=2-C) of [energy](/usc/42/6311.md?p=7) efficient [buildings](/usc/42/6832.md?p=2).
- (e) **Availability of incentive funding—**
  - (1) The [Secretary](/usc/42/6832.md?p=10) shall provide incentive funding to [States](/usc/42/6832.md?p=11) to implement the requirements of this section, and to improve and implement [State](/usc/42/6832.md?p=11) residential and [commercial building](/usc/42/6832.md?p=4) [energy efficiency](/usc/42/6291.md?p=5) 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](/usc/42/6832.md?p=10) shall consider the actions proposed by the [State](/usc/42/6832.md?p=11) to implement the requirements of this section, to improve and implement residential and [commercial building](/usc/42/6832.md?p=4) [energy efficiency](/usc/42/6291.md?p=5) codes, and to promote [building](/usc/42/6832.md?p=2) [energy efficiency](/usc/42/6291.md?p=5) through the use of such codes.
  - (2) Additional funding shall be provided under this subsection for implementation of a plan to achieve and document at least a 90 percent rate of compliance with residential and [commercial building](/usc/42/6832.md?p=4) [energy efficiency](/usc/42/6291.md?p=5) codes, based on [energy](/usc/42/6311.md?p=7) performance—
    - (A) to a [State](/usc/42/6832.md?p=11) that has adopted and is implementing, on a statewide basis—
      - (i) a [residential building](/usc/42/6832.md?p=9) energy efficiency code that meets or exceeds the requirements of the 2004 International [Energy](/usc/42/6311.md?p=7) Conservation Code, or any succeeding version of that code that has received an affirmative determination from the [Secretary](/usc/42/6832.md?p=10) under [subsection (a)(5)(A)](#a-5-A); and
      - (ii) a [commercial building](/usc/42/6832.md?p=4) energy efficiency code that meets or exceeds the requirements of the [ASHRAE](/usc/42/6832.md?p=16) [Standard](/usc/42/1320d.md?p=7) 90.1–2004, or any succeeding version of that [standard](/usc/42/1320d.md?p=7) that has received an affirmative determination from the [Secretary](/usc/42/6832.md?p=10) under [subsection (b)(2)(A)](#b-2-A); or
    - (B) in a [State](/usc/42/6832.md?p=11) in which there is no statewide energy code either for [residential buildings](/usc/42/6832.md?p=9) or for [commercial buildings](/usc/42/6832.md?p=4), to a [local government](/usc/42/8401a.md) that has adopted and is implementing residential and [commercial building](/usc/42/6832.md?p=4) [energy efficiency](/usc/42/6291.md?p=5) codes, as described in [subparagraph (A)](#e-2-A).
  - (3) Of the amounts made available under this subsection, the [Secretary](/usc/42/6832.md?p=10) may use $500,000 for each fiscal year to train [State](/usc/42/6832.md?p=11) and local officials to implement codes described in [paragraph (2)](#e-2).
  - (4)
    - (A) There are authorized to be appropriated to carry out this subsection—
      - (i) $25,000,000 for each of fiscal years 2006 through 2010; and
      - (ii) such sums as are necessary for fiscal year 2011 and each fiscal year thereafter.
    - (B) Funding provided to [States](/usc/42/6832.md?p=11) under [paragraph (2)](#e-2) for each fiscal year shall not exceed one-half of the excess of funding under this subsection over $5,000,000 for the fiscal year.

## Footnotes

[^1]: So in original. The comma probably should not appear.

## Source credit

(Pub. L. 94–385, title III, § 304, as added Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2783; amended Pub. L. 109–58, title I, § 128, Aug. 8, 2005, 119 Stat. 619.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 6833, Pub. L. 94–385, title III, § 304, Aug. 14, 1976, 90 Stat. 1146; Pub. L. 95–91, title III, §§ 301(a), 304(a), title VII, §§ 703, 707, 709(e)(1), Aug. 4, 1977, 91 Stat. 577, 580, 606, 608; Pub. L. 96–399, title III, § 326(a)–(c), Oct. 8, 1980, 94 Stat. 1649; Pub. L. 97–35, title X, § 1041(a), (c), Aug. 13, 1981, 95 Stat. 621; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433, related to development and promulgation of energy conservation voluntary performance standards for new commercial and residential buildings, prior to repeal by Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2783.

### Amendments

2005—Subsec. (e)(1). Pub. L. 109–58, § 128(1), inserted “, including increasing and verifying compliance with such codes” before period at end of first sentence.

Subsec. (e)(2) to (4). Pub. L. 109–58, § 128(2), added pars. (2) to (4) and struck out former par. (2) which read as follows: “There are authorized to be appropriated such sums as may be necessary to carry out this subsection.”