Title 42The Public Health and WelfareRelease 119-73

§6838 Cost-effective codes implementation for efficiency and resilience

Title 42 › Chapter CHAPTER 81— - ENERGY CONSERVATION AND RESOURCE RENEWAL › Subchapter SUBCHAPTER II— - ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS › § 6838

Last updated Apr 6, 2026|Official source

Summary

Creates a competitive grant program in the Department of Energy’s Building Technologies Office to help put updated building energy codes into practice in a cost-effective way. Definitions: “eligible entity” = a State agency (for example, a State building code agency, State energy office, or Tribal energy office) or a partnership; “partnership” = a team that includes such a State agency plus one or more partners (like local building code agencies, codes developers, builder/designer groups, local or utility energy efficiency programs, consumer or environmental advocates, or others the Secretary allows); “Secretary” = the Secretary of Energy. Grants will support any update made after the current code, even if it is not the very latest update. Grants are awarded competitively. The Secretary will look at projected energy savings and how those savings will be measured (using tools like EPA Portfolio Manager, the DOE Home Energy Score, EPA Energy Star Building ratings, or other approved methods), whether savings will last, expected benefits and how they will be checked (including resilience and peak load reduction, occupant safety and health, and environmental performance), the applicant’s ability to do the work, and the applicant’s need. Partnerships get priority. Grant money can be used to form state or regional partnerships to train builders and code officials, collect and share data, create plans to measure compliance, help rural and urban areas, and put updated codes into practice for new buildings and for additions and renovations. Training can cover links to high-performance or zero-net-energy buildings, resilience, health and safety, water and environmental impacts, and economic effects. The law authorizes $225,000,000 for fiscal years 2022 through 2026.

Full Legal Text

Title 42, §6838

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:
(1)The term “eligible entity” means—
(A)a relevant State agency, as determined by the Secretary, such as a State building code agency, State energy office, or Tribal energy office; and
(B)a partnership.
(2)The term “partnership” means a partnership between an eligible entity described in paragraph (1)(A) and 1 or more of the following entities:
(A)Local building code agencies.
(B)Codes and standards developers.
(C)Associations of builders and design and construction professionals.
(D)Local and utility energy efficiency programs.
(E)Consumer, energy efficiency, and environmental advocates.
(F)Other entities, as determined by the Secretary.
(3)The term “Secretary” means the Secretary of Energy.
(b)(1)The Secretary shall establish within the Building Technologies Office of the Department of Energy a program under which the Secretary shall award grants on a competitive basis to eligible entities to enable sustained cost-effective implementation of updated building energy codes.
(2)An update to a building energy code under this section, including an amendment that results in increased efficiency compared to the previously adopted building energy code, shall include any update made available after the existing building energy code, even if it is not the most recent updated code available.
(c)In awarding grants under subsection (b), the Secretary shall—
(1)consider—
(A)prospective energy savings and plans to measure the savings, including utilizing the Environmental Protection Agency Portfolio Manager, the Home Energy Score rating of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Energy Star Building rating methodologies of the Environmental Protection Agency, and other methodologies determined appropriate by the Secretary;
(B)the long-term sustainability of those measures and savings;
(C)prospective benefits, and plans to assess the benefits, including benefits relating to—
(i)resilience and peak load reduction;
(ii)occupant safety and health; and
(iii)environmental performance;
(D)the demonstrated capacity of the eligible entity to carry out the proposed project; and
(E)the need of the eligible entity for assistance; and
(2)give priority to applications from partnerships.
(d)(1)An eligible entity awarded a grant under this section may use the grant funds—
(A)to create or enable State or regional partnerships to provide training and materials to—
(i)builders, contractors and subcontractors, architects, and other design and construction professionals, relating to meeting updated building energy codes in a cost-effective manner; and
(ii)building code officials, relating to improving implementation of and compliance with building energy codes;
(B)to collect and disseminate quantitative data on construction and codes implementation, including code pathways, performance metrics, and technologies used;
(C)to develop and implement a plan for highly effective codes implementation, including measuring compliance;
(D)to address various implementation needs in rural, suburban, and urban areas; and
(E)to implement updates in energy codes for—
(i)new residential and commercial buildings (including multifamily buildings); and
(ii)additions and alterations to existing residential and commercial buildings (including multifamily buildings).
(2)Training and materials provided using a grant under this section may include information on the relationship between energy codes and—
(A)cost-effective, high-performance, and zero-net-energy buildings;
(B)improving resilience, health, and safety;
(C)water savings and other environmental impacts; and
(D)the economic impacts of energy codes.
(e)There is authorized to be appropriated to the Secretary to carry out this section $225,000,000 for the period of fiscal years 2022 through 2026.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6838, Pub. L. 94–385, title III, § 309, Aug. 14, 1976, 90 Stat. 1149; Pub. L. 97–35, title X, § 1041(a), Aug. 13, 1981, 95 Stat. 621, related to consultations by Secretary with interested and affected groups in developing and promulgating voluntary performance standards and establishment of advisory committees, prior to repeal by Pub. L. 102–486, title I, § 101(a)(2), Oct. 24, 1992, 106 Stat. 2783.

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6838

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73