---
kind: "section"
citation: "42 U.S.C. § 12709"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12709"
heading: "Energy efficiency standards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12709"
units:
  - "Chapter 130 — National Affordable Housing"
  - "Subchapter I — General Provisions and Policies"
---

# §12709. Energy efficiency standards

- (a) **Establishment—**
  - (1) **In general—** The [Secretary](/usc/42/12704.md?p=16) of [Housing](/usc/42/12704.md?p=8) and Urban Development and the [Secretary](/usc/42/12704.md?p=16) of Agriculture shall, not later than September 30, 2006, jointly establish, by rule, energy efficiency standards for—
    - (A) new [construction](/usc/42/300s–3.md?p=7) of public and assisted [housing](/usc/42/12704.md?p=8) and single family and multifamily residential [housing](/usc/42/12704.md?p=8) (other than manufactured homes) subject to mortgages insured under the National Housing Act [[12 U.S.C. 1701](/usc/12/1701.md) et seq.];
    - (B) new [construction](/usc/42/300s–3.md?p=7) of single family [housing](/usc/42/12704.md?p=8) (other than manufactured homes) subject to mortgages insured, guaranteed, or made by the [Secretary](/usc/42/12704.md?p=16) of Agriculture under title V of the Housing Act of 1949 [[42 U.S.C. 1471](/usc/42/1471.md) et seq.]; and
    - (C) rehabilitation and new [construction](/usc/42/300s–3.md?p=7) of public and assisted [housing](/usc/42/12704.md?p=8) funded by HOPE VI revitalization grants under [section 1437v of this title](/usc/42/1437v.md).
  - (2) **Contents—** Such standards shall meet or exceed the requirements of the 2006 International Energy Conservation Code (hereafter in this section referred to as “the 2006 IECC”), or, in the case of multifamily high rises, the requirements of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1–2004 (hereafter in this section referred to as “ASHRAE Standard 90.1–2004”), and shall be cost-effective with respect to [construction](/usc/42/300s–3.md?p=7) and operating costs on a [life-cycle](/usc/42/17061.md?p=14) cost basis. In developing such standards, the [Secretaries](/usc/42/12704.md?p=16) shall consult with an advisory [task force](/usc/42/242q–4.md?p=3) composed of homebuilders, national, [State](/usc/42/12704.md?p=2), and local [housing](/usc/42/12704.md?p=8) [agencies](/usc/42/8262.md?p=1) (including [public housing agencies](/usc/42/12704.md?p=18)), energy [agencies](/usc/42/8262.md?p=1), building code organizations and [agencies](/usc/42/8262.md?p=1), energy efficiency organizations, utility organizations, low-income [housing](/usc/42/12704.md?p=8) organizations, and other parties designated by the [Secretaries](/usc/42/12704.md?p=16).
- (b) **International Energy Conservation Code—** If the [Secretaries](/usc/42/12704.md?p=16) have not, by September 30, 2006, established energy efficiency standards under [subsection (a)](#a), all new [construction](/usc/42/300s–3.md?p=7) and rehabilitation of [housing](/usc/42/12704.md?p=8) specified in such subsection shall meet the requirements of the 2006 IECC, or, in the case of multifamily high rises, the requirements of ASHRAE Standard 90.1–2004.
- (c) **Revisions of the International Energy Conservation Code—** If the requirements of the 2006 IECC, or, in the case of multifamily high rises, ASHRAE Standard 90.1–2004, are revised at any time, the [Secretaries](/usc/42/12704.md?p=16) shall, not later than 1 year after such revision, amend the standards established under [subsection (a)](#a) to meet or exceed the requirements of such revised code or standard unless the [Secretaries](/usc/42/12704.md?p=16) determine that compliance with such revised code or standard would not result in a significant increase in energy efficiency or would not be technologically feasible or economically justified.
- (d) **Failure to amend the standards—** If the [Secretary](/usc/42/12704.md?p=16) of [Housing](/usc/42/12704.md?p=8) and Urban Development and the [Secretary](/usc/42/12704.md?p=16) of Agriculture have not, within 1 year after the requirements of the 2006 IECC or the ASHRAE Standard 90.1–2004 are revised, amended the standards or made a determination under [subsection (c)](#c), all new [construction](/usc/42/300s–3.md?p=7) and rehabilitation of [housing](/usc/42/12704.md?p=8) specified in [subsection (a)](#a) shall meet the requirements of the revised code or standard if—
  - (1) the [Secretary](/usc/42/12704.md?p=16) of [Housing](/usc/42/12704.md?p=8) and Urban Development or the [Secretary](/usc/42/12704.md?p=16) of Agriculture make a determination that the revised codes do not negatively affect the availability or affordability of new [construction](/usc/42/300s–3.md?p=7) of assisted [housing](/usc/42/12704.md?p=8) and single family and multifamily residential [housing](/usc/42/12704.md?p=8) (other than manufactured homes) subject to mortgages insured under the National Housing Act ([12 U.S.C. 1701](/usc/12/1701.md) et seq.) or insured, guaranteed, or made by the [Secretary](/usc/42/12704.md?p=16) of Agriculture under title V of the Housing Act of 1949 ([42 U.S.C. 1471](/usc/42/1471.md) et seq.), respectively; and
  - (2) the [Secretary](/usc/42/12704.md?p=16) of Energy has made a determination under [section 6833 of this title](/usc/42/6833.md) that the revised code or standard would improve energy efficiency.

## Source credit

(Pub. L. 101–625, title I, § 109, Nov. 28, 1990, 104 Stat. 4093; Pub. L. 102–486, title I, § 101(c)(1), Oct. 24, 1992, 106 Stat. 2786; Pub. L. 109–58, title I, § 153, Aug. 8, 2005, 119 Stat. 649; Pub. L. 110–140, title IV, § 481, Dec. 19, 2007, 121 Stat. 1648.)

## Notes

### Editorial Notes

### References in Text

The National Housing Act, referred to in subsecs. (a)(1)(A) and (d)(1), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.

The Housing Act of 1949, referred to in subsecs. (a)(1)(B) and (d)(1), is act July 15, 1949, ch. 338, 63 Stat. 413. Title V of the Act is classified generally to subchapter III (§ 1471 et seq.) of chapter 8A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables.

### Amendments

2007—Pub. L. 110–140, § 481(6), substituted “2004” for “1989” wherever appearing in subsecs. (a) to (c).

Subsec. (a)(1)(C). Pub. L. 110–140, § 481(1)(A), struck out “, where such standards are determined to be cost effective by the Secretary of Housing and Urban Development” before period at end.

Subsec. (a)(2). Pub. L. 110–140, § 481(1)(B), (5), in first sentence, substituted “2006 International Energy Conservation Code” for “Council of American Building Officials Model Energy Code, 1992” and “the 2006 IECC” for “CABO Model Energy Code, 1992” and struck out “, and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title, the 2003 International Energy Conservation Code” before “, and shall be”.

Subsec. (b). Pub. L. 110–140, § 481(2), (5), in heading, substituted “International Energy Conservation” for “Model Energy” and, in text, inserted “and rehabilitation” after “all new construction”, substituted “the 2006 IECC” for “CABO Model Energy Code, 1992”, and struck out “, and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title, the 2003 International Energy Conservation Code” before period at end.

Subsec. (c). Pub. L. 110–140, § 481(3), (5), in heading, struck out “Model Energy Code and” after “Revisions of” and, in text, substituted “the 2006 IECC” for “CABO Model Energy Code, 1992”, and struck out “, or, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title, the 2003 International Energy Conservation Code” before “, are revised”.

Subsec. (d). Pub. L. 110–140, § 481(4), added subsec. (d).

2005—Subsec. (a)(1). Pub. L. 109–58, § 153(1)(A)(i), substituted “September 30, 2006” for “1 year after October 24, 1992” in introductory provisions.

Subsec. (a)(1)(C). Pub. L. 109–58, § 153(1)(A)(ii)–(iv), added subpar. (C).

Subsec. (a)(2). Pub. L. 109–58, § 153(1)(B), inserted “, and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title, the 2003 International Energy Conservation Code” after “90.1–1989’)”.

Subsec. (b). Pub. L. 109–58, § 153(2), substituted “by September 30, 2006” for “within 1 year after October 24, 1992” and inserted “, and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title, the 2003 International Energy Conservation Code” before period at end.

Subsec. (c). Pub. L. 109–58, § 153(3), inserted “and the International Energy Conservation Code” after “Model Energy Code” in heading and “, or, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 1437v of this title, the 2003 International Energy Conservation Code” after “90.1–1989” in text.

1992—Pub. L. 102–486 amended section generally. Prior to amendment, section read as follows: “The Secretary of Housing and Urban Development shall, not later than one year after November 28, 1990, promulgate energy efficiency standards for new construction of public and assisted housing and single-family and multifamily residential housing (other than manufactured homes) subject to mortgages under the National Housing Act. Such standards shall meet or exceed the provisions of the most recent edition of the Model Energy Code of the Council of American Building Officials and shall be cost-effective with respect to construction and operating costs. In developing such standards the Secretary shall consult with an advisory task force composed of homebuilders, national, State, and local housing agencies (including public housing agencies), energy agencies and building code organizations and agencies, energy efficiency organizations, utility organizations, low-income housing organizations, and other parties designated by the Secretary.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.