---
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"
date: "2026-07-12"
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/42/6802.md?p=6) shall certify to the [Secretary](/usc/42/6802.md?p=1) that it has reviewed the provisions of its residential building code regarding energy efficiency and made a determination as to whether it is appropriate for such [State](/usc/42/6802.md?p=6) 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/42/6802.md?p=6) may, to the extent consistent with otherwise applicable [State](/usc/42/6802.md?p=6) law, revise the provisions of its residential building code regarding energy efficiency 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/42/6802.md?p=6) makes a determination under [paragraph (1)](#a-1) that it is not appropriate for such [State](/usc/42/6802.md?p=6) to revise its residential building code, such [State](/usc/42/6802.md?p=6) shall submit to the [Secretary](/usc/42/6802.md?p=1), 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/42/6802.md?p=1) shall, not later than 12 months after such revision, determine whether such revision would improve energy efficiency in [residential buildings](/usc/42/6832.md?p=9). The [Secretary](/usc/42/6802.md?p=1) shall publish notice of such determination in the Federal Register.
    - (B) If the [Secretary](/usc/42/6802.md?p=1) makes an affirmative determination under [subparagraph (A)](#a-5-A), each [State](/usc/42/6802.md?p=6) 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 and made a determination as to whether it is appropriate for such [State](/usc/42/6802.md?p=6) to revise such residential building code provisions to meet or exceed the revised code for which the [Secretary](/usc/42/6802.md?p=1) 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/42/6802.md?p=6) shall certify to the [Secretary](/usc/42/6802.md?p=1) that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency. Such certification shall include a demonstration that such [State](/usc/42/6802.md?p=6)’s code provisions meet or exceed the requirements of [ASHRAE](/usc/42/6832.md?p=16) Standard 90.1–1989.
  - (2)
    - (A) Whenever the provisions of [ASHRAE](/usc/42/6832.md?p=16) Standard 90.1–1989 (or any successor standard) regarding energy efficiency in [commercial buildings](/usc/42/6832.md?p=4) are revised, the [Secretary](/usc/42/6802.md?p=1) shall, not later than 12 months after the date of such revision, determine whether such revision will improve energy efficiency in [commercial buildings](/usc/42/6832.md?p=4). The [Secretary](/usc/42/6802.md?p=1) shall publish a notice of such determination in the Federal Register.
    - (B)
      - (i) If the [Secretary](/usc/42/6802.md?p=1) makes an affirmative determination under [subparagraph (A)](#b-2-A), each [State](/usc/42/6802.md?p=6) 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 in accordance with the revised standard for which such determination was made. Such certification shall include a demonstration that the provisions of such [State](/usc/42/6802.md?p=6)’s commercial building code regarding energy efficiency meet or exceed such revised standard.
      - (ii) If the [Secretary](/usc/42/6802.md?p=1) makes a determination under [subparagraph (A)](#b-2-A) that such revised standard will not improve energy efficiency in [commercial buildings](/usc/42/6832.md?p=4), [State](/usc/42/6802.md?p=6) commercial building code provisions regarding energy efficiency shall meet or exceed [ASHRAE](/usc/42/6832.md?p=16) Standard 90.1–1989, or if such standard has been revised, the last revised standard for which the [Secretary](/usc/42/6802.md?p=1) has made an affirmative determination under [subparagraph (A)](#b-2-A).
- (c) **Extensions—** The [Secretary](/usc/42/6802.md?p=1) shall permit extensions of the deadlines for the certification requirements under subsections [(a)](#a) and [(b)](#b) if a [State](/usc/42/6802.md?p=6) 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/42/6802.md?p=1) shall provide technical assistance to [States](/usc/42/6802.md?p=6) to implement the requirements of this section, and to improve and implement [State](/usc/42/6802.md?p=6) residential and [commercial building](/usc/42/6832.md?p=4) energy efficiency codes or to otherwise promote the design and [construction](/usc/42/300s–3.md?p=7) of energy efficient [buildings](/usc/42/6832.md?p=2).
- (e) **Availability of incentive funding—**
  - (1) The [Secretary](/usc/42/6802.md?p=1) shall provide incentive funding to [States](/usc/42/6802.md?p=6) to implement the requirements of this section, and to improve and implement [State](/usc/42/6802.md?p=6) residential and [commercial building](/usc/42/6832.md?p=4) 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](/usc/42/6802.md?p=1) shall consider the actions proposed by the [State](/usc/42/6802.md?p=6) to implement the requirements of this section, to improve and implement residential and [commercial building](/usc/42/6832.md?p=4) energy efficiency codes, and to promote [building](/usc/42/6832.md?p=2) energy efficiency 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 codes, based on energy performance—
    - (A) to a [State](/usc/42/6802.md?p=6) 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 Conservation Code, or any succeeding version of that code that has received an affirmative determination from the [Secretary](/usc/42/6802.md?p=1) 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 90.1–2004, or any succeeding version of that standard that has received an affirmative determination from the [Secretary](/usc/42/6802.md?p=1) under [subsection (b)(2)(A)](#b-2-A); or
    - (B) in a [State](/usc/42/6802.md?p=6) 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 that has adopted and is implementing residential and [commercial building](/usc/42/6832.md?p=4) energy efficiency codes, as described in [subparagraph (A)](#e-2-A).
  - (3) Of the amounts made available under this subsection, the [Secretary](/usc/42/6802.md?p=1) may use $500,000 for each fiscal year to train [State](/usc/42/6802.md?p=6) 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/42/6802.md?p=6) 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.”