Energy Savings and Building Efficiency Act of 2015

In general

Not later than 3 years after the date on which a model building energy code is published, each State or Indian tribe shall certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively.

Demonstration

The certification shall include a statement of whether or not the energy savings for the code provisions that are in effect throughout the State or Indian tribal territory meet or exceed—

No model building energy code update

If a model building energy code is not updated by a target date established under section 307(b)(2)(D), each State or Indian tribe shall, not later than 3 years after the specified date, certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively, to meet or exceed the target in section 307(b)(2).

determine whether the code provisions of the State or Indian tribe, respectively, meet the criteria specified in paragraph (1);

determine whether the certification submitted by the State or Indian tribe, respectively is complete; and

if the requirements of subparagraph (B) are satisfied, validate the certification.

In general

Not later than 3 years after the date of a certification under subsection (b), each State and Indian tribe shall certify whether or not the State and Indian tribe, respectively, has—

Repeat certifications

If the State or Indian tribe certifies progress toward achieving compliance, the State or Indian tribe shall repeat the certification until the State or Indian tribe certifies that the State or Indian tribe has achieved full compliance, respectively.

inspections of a random sample of the buildings covered by the code in the preceding year; or

an alternative method that yields an accurate measure of compliance.

at least 90 percent of building space covered by the code in the preceding year substantially meets all the requirements of the applicable code specified in paragraph (1), or achieves equivalent or greater energy savings level; or

the estimated excess energy use of buildings that did not meet the applicable code specified in paragraph (1) in the preceding year, compared to a baseline of comparable buildings that meet this code, is not more than 5 percent of the estimated energy use of all buildings covered by this code during the preceding year.

has developed and is implementing a plan for achieving compliance during the 8-year period beginning on the date of enactment of this paragraph, including annual targets for compliance and active training and enforcement programs; and

has met the most recent target under subparagraph (A).

determine whether the State or Indian tribe has demonstrated meeting the criteria of this subsection, including accurate measurement of compliance;

determine whether the certification submitted by the State or Indian tribe is complete; and

if the requirements of subparagraph (B) are satisfied, validate the certification.

In general

The Secretary shall annually submit to Congress, and publish in the Federal Register, a report on—

Impacts

The report shall include estimates of impacts of past action under this section, and potential impacts of further action, on—

to implement State residential and commercial building energy codes; and

to document the rate of compliance with a building energy code.

evaluating the energy savings of building energy codes;

assessing the economic considerations, referenced in section 307(b)(4), of implementing building energy codes;

building energy analysis and design tools;

energy simulation models;

building demonstrations;

developing the 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; and

complying with a performance-based pathway referenced in the model code.

to implement the reporting requirements of this section; and

to implement residential and commercial building energy codes, including increasing and verifying compliance with the codes and training of State, tribal, and local building code officials to implement and enforce the codes.

voluntary incentive programs adopted by local, tribal, or State governments; and

non-binding guidelines for energy-efficient building design.

to achieve substantial energy savings compared to the model building energy codes; and

to meet targets under section 307(b), if available, up to 3 to 6 years in advance of the target years.

The Comptroller General of the United States shall conduct a study of the impacts of updating the national model building energy codes for residential and commercial buildings. In conducting the study, the Comptroller General shall consider and report, at a minimum—

Report to congress

Not later than 3 years after the date of enactment of the Energy Savings and Building Efficiency Act of 2015, the Comptroller General of the United States shall submit a report to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives including the study findings and conclusions.

code improvements that would require that buildings be designed, sited, and constructed in a manner that makes the buildings more adaptable in the future to become zero-net-energy after initial construction, as advances are achieved in energy-saving technologies;

code procedures to incorporate a ten-year payback, not just first-year energy use, in trade-offs and performance calculations; and

legislative options for increasing energy savings from building energy codes, including additional incentives for effective State and local verification of compliance with and enforcement of a code.

undertake a study of best practices regarding delivery of aggregated energy consumption information to owners and managers of residential and commercial buildings with multiple tenants and uses; and

consider the development of a memorandum of understanding between and among affected stakeholders to reduce barriers to the delivery of aggregated energy consumption information to such owners and managers.

In general

The Secretary shall provide technical assistance, to States, Indian tribes, local governments, nationally recognized code and standards developers, and other interested parties for updating of model building energy codes by establishing one or more aggregate energy savings targets through rulemaking in accordance with section 553 of title 5, United States Code, to achieve the purposes of this section.

Separate targets

Separate targets may be established for commercial and residential buildings.

Baselines

The baseline for updating model building energy codes shall be the 2009 IECC for residential buildings and ASHRAE Standard 90.1–2010 for commercial buildings.

Specific years

Small business

When establishing targets under this paragraph through rulemaking, 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 indirect economic effect on small entities that is reasonably foreseeable and a result of such rule.

efficiency gains made in appliances, lighting, windows, insulation, and building envelope sealing;

advancement of distributed generation and on-site renewable power generation technologies;

equipment improvements for heating, cooling, ventilation systems and water heating systems;

building management systems and SmartGrid technologies to reduce energy use; and

other technologies, practices, and building systems regarding building plug load and other energy uses.

evaluating the energy savings of building energy codes;

assessing the economic considerations, under subsection (b)(4), of code or standards proposals or revisions;

building energy analysis and design tools;

energy simulation models;

building demonstrations;

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;

developing a performance-based pathway for compliance; and

developing model building energy codes by Indian tribes in accordance with tribal law.

improves energy efficiency in buildings compared to the existing model building energy code;

meets the applicable targets under subsection (b)(2); and

is technically feasible and cost-effective.

In general

If the Secretary makes a preliminary determination under paragraph (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-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 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 influential information, and shall satisfy the guidelines established by the Office of Management and Budget and published at 67 Federal Register 8,452 (Feb. 22, 2002).

Incorporation of changes