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State Energy Code Certifications

The Energy Conservation and Production Act (ECPA) directs the U.S. Department of Energy (DOE) to review updated editions of the model energy codes—ANSI/ASHRAE/IES Standard 90.1 (Standard 90.1) for commercial buildings and the International Energy Conservation Code (IECC) for residential buildings—and issue a determination as to whether the updated edition will increase energy efficiency in commercial and residential buildings, respectively. DOE must conduct its technical review and publish its findings in the Federal Register within 12 months following publication of the updated edition of each model energy code.

ECPA also directs states to review and update their building energy codes and submit related certifications. Upon publication of affirmative determinations, states are required to review the provisions of their building codes regarding energy efficiency, and:

  • update their commercial building codes to meet or exceed the latest edition of Standard 90.1; or
  • make a determination as to whether it is appropriate to revise their residential building codes provisions to meet or exceed the latest edition of the IECC.

ECPA requires that states certify that they have reviewed their building codes and the action mandated by ECPA and submit this certification to DOE.

Deadlines

Under ECPA, state energy code certifications are due 2 years following the publication of an affirmative determination in the Federal Register (unless an extension is provided).

Learn more about DOE determinations and review deadlines for previous editions of the model energy codes.

State Code Certification – Statutory Requirements

Whenever commercial or residential building energy codes are revised, section 304 of ECPA requires that the Department of Energy determine whether the revised code would improve energy efficiency of such buildings. If DOE determines that the revised code would improve energy efficiency, then ECPA also requires that each State certify that it completed specific actions. 42 U.S.C. § 6833.

Commercial Buildings – ANSI/ASHRAE/IES Standard 90.1

Within 2 years of a published affirmative determination from DOE, ECPA requires that each State “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.” 42 U.S.C. § 6833(b)(2)(B)(i). ECPA also requires that the certification “include a demonstration that the provisions of such State’s commercial building code regarding energy efficiency meet or exceed such revised standard. 42 U.S.C. § 6833(b)(2)(B)(i).

Residential Buildings – International Energy Conservation Code (IECC)

Within 2 years of a published affirmative determination from DOE, ECPA requires that each State “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 to revise the state residential building code to meet or exceed the revised code for which the Secretary made such determination.” 42 U.S.C. § 6833(a)(5)(B).

ECPA also requires that State residential building energy code determinations be:

  1. “made after public notice and hearing;
  2. “in writing;
  3. “based upon findings included in such determination and upon the evidence presented at the hearing; and
  4. “available to the public.”

42 U.S.C. § 6833(a)(2).

EPCA also provides that “If a State makes a determination…that it is not appropriate for such State to revise its residential building code, such State shall submit to the Secretary, in writing, the reasons for such determination, and such statement shall be available to the public.” 42 U.S.C. § 6833(a)(4).

Note: ECPA also provides that “The Secretary shall permit extensions of the deadlines for the certification requirements…if a State 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.” 42 U.S.C. § 6833(c).

Reference:  42 U.S.C. § 6833; see Statutory Requirements | Building Energy Codes Program.

Certification Letters

Certification Letters may be addressed to:

DOE Building Technologies Office

ATTN: Building Energy Codes Program

1000 Independence Ave SW, EE-5B

Washington, DC 20585

Letters may be mailed to the address above or e-mailed to: BuildingEnergyCodes@ee.doe.gov

State Certification Repository

The DOE Building Energy Codes Program makes all submitted State Certification letters publicly available. To view the latest certification letter submitted by your state, simply select your state in the “State Energy Codes” dropdown menu on the energycodes.gov homepage and scroll down to Certifications or visit the State Portal to find your state.

Learn more about the Building Energy Codes Program