Page:United States Statutes at Large Volume 106 Part 4.djvu/48

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106 STAT. 2784 PUBLIC LAW 102-486—OCT. 24, 1992 cation shall include a demonstration that such State's code provisions meet or exceed the requirements of ASHRAE Standard 90 1—1989 "(2)(A) Whenever the provisions of ASHRAE Standard 90.1 - 1989 (or any successor standard) regarding energy efficiencv in commercial Duildings are revised, the Secretary shall, not later than 12 months after the date of such revision, determine whether such revision will improve energy efficiency in commercial buildings. The Secretary shall publish a notice of such determination in the Federal Register. (B)(i) If the Secretary makes an affirmative determination under subparagraph (A), each State 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's commercial building code regarding energy efficiency meet or exceed such revised standard. "(ii) If the Secretary makes a determination under subparagraph (A) that such revised standard will not improve energy efficiency in commercial buildings, State commercial building code Provisions regarding energy efnciency shall meet or exceed ASHRAE tandard 90.1-1989, or if such standard has been revised, the last revised standard for which the Secretary has made an affirmative determination under subparagraph (A). "(c) EXTENSIONS. — The Secretary shall permit extensions of the deadlines for the certification requirements under subsections (a) and (b) if a State can demonstrate that it has made a good faith effort to comply with such requirements and that it nas made significant progress in doing so. "(d) TECHNICAL ASSISTANCE. —The Secretary shall provide technical assistance to States to implement the requirements of this section, and to improve and implement State residential and commercial building energy efficiency codes or to otherwise promote the design and construction of energy efficient buildings. "(e) AVAILABILITY OF INCENTIVE FUNDING.— (1) The Secretary shall provide incentive funding to States to implement the requirements of this section, and to improve and implement State residential and commercial building energy efficiency codes. In determining whether, and in what amount, to provide incentive funding under this subsection, the Secretary shall consider the actions proposed by the State to implement the requirements of this section, to improve and implement residential and commercial building energy efficiency codes, and to promote building energy efficiency through the use of such codes. Appropriation "(2) There are authorized to be appropriated such sums as authorization. ^^^y y^ necessary to carry out this subsection. 42 USC 6834. "SEC. 305. FEDERAL BUILDING ENERGY EFFICIENCY STANDARDS. "(a)(1) IN GENERAL. — Not later than 2 years after the date of the enactment of the Energy Policy Act of 1992, the Secretan^, after consulting with appropriate Federal agencies, CABO, ASHRAE, the National Association of Home Builders, the Illuminating Engineering Society, the American Institute of Architects, the National Conference of the States on Building Codes and Standards, and other appropriate persons, shall establish, by rule. Federal