Page:United States Statutes at Large Volume 106 Part 4.djvu/47

 PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 2783 sus process among interested persons, such as that used by the Council of American Building Officials; the American Society of Heating, Refrigerating, and Air-Conditioning Engineers; or other appropriate organizations. "(15) The term 'CABO' means the Council of American Building Officials. "(16) The term 'ASHRAE' means the American Society of Heating, Refrigerating, and Air-Conditioning Engineers.; and (2) by striking sections 304, 306, 308, 309, 310, and 311 42 USC 6833, and inserting the following: ^^^^' 6837-6840. "SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES. 42 USC 6833. "(a) CONSIDERATION AND DETERMINATION RESPECTING RESIDEN- TIAL BUILDING ENERGY CODES.— (1) Not later than 2 years after the date of the enactment of the Energy Policy Act of 1992, each State shall certify to the Secretary 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 such residential building code provisions to meet or exceed CABO Model Energy Code, 1992. "(2) The determination referred to in paragraph (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 may, to the extent consistent with otherwise applicable State law, revise the provisions of its residential building code regarding energy efficiency to meet or exceed CABO Model Energy Code, 1992, or may decline to make such revisions. "(4) If a State makes a determination under paragraph (1) 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 c^ available to the public. "(5)(A) Whenever CABO Model Energy Code, 1992, (or any successor of such code) is revised, the Secretary shall, not later than 12 months after such revision, determine whether such revision would improve energy efficiencv in residential buildings. The Secretary shall publish notice of such determination in the Federal Register. "(B) If the Secretary makes an affirmative determination tinder subparagraph (A), each State 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 to revise such residential building code provisions to meet or exceed the revised code for which the Secretary made such determination. "(C) Paragraphs (2), (3), and (4) shall apply to any detem^nation made under subparagraph (B). "(b) CERTIFICATION OF COMMERCIAL BUILDING ENERGY CODE UPDATES.—(1) Not later than 2 years after the date of the enactitient of the Energy Policy Act of 1992, each State shall certify to the Secretary that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency. Such certifi-

�