Title 42, The Public Health and WelfareRelease 119-110

§6838 Cost-effective Codes Implementation for Efficiency and Resilience

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Energy must set up a program in the Building Technologies Office to give competitive grants to qualified state or tribal agencies, or to partnerships, so they can pay for long-term, cost-effective use of updated building energy codes. An “eligible entity” is a state or tribal agency (like a building code or energy office) or a partnership. A “partnership” is a team that includes a state or tribal agency plus local code offices, builders’ or design groups, utilities or efficiency programs, consumer or environmental advocates, or other partners. “Secretary” means the Secretary of Energy. Grants must be awarded based on expected energy savings and how those savings will be measured (using tools like EPA Portfolio Manager, DOE Home Energy Score, or Energy Star building ratings), long-term durability of the savings, benefits like resilience, safety, and environmental performance, the applicant’s ability to do the work, and need for help. Priority goes to partnerships. Grants may pay for training and materials for builders and code officials, collecting and sharing data, plans to measure and improve code compliance, work in rural and urban areas, and applying updates to new buildings and to additions and renovations. Training can cover costs, performance, resilience, health, water, and economic impacts. Up to $225,000,000 is authorized for fiscal years 2022 through 2026.

Full Legal Text

Title 42, §6838

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

(a)Definitions
In this section: (1) Eligible entity
(2)Partnership
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)Secretary
The term “Secretary” means the Secretary of Energy.
(b)Establishment
(1)In general
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)Updated building energy code
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)Criteria; priority
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)Eligible activities
(1)In general
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)Related topics
Training and materials provided using a grant under this section may include information on the relationship between energy codes and— (A)
(B)improving resilience, health, and safety;
(C)water savings and other environmental impacts; and
(D)the economic impacts of energy codes.
(e)Authorization of appropriations
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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110