State and Federal Policy

State Policy

State-level policies on building energy codes vary widely across the 50 states, the District of Columbia, and the five U.S. territories and can sometimes vary within states. In most cases codes are adopted through a legislative process (i.e. the code is updated by a bill that is passed by the state legislature and signed by the governor), a regulatory process (i.e. the legislature has granted a state agency the power to issue a code), or—most commonly—through a process that combines elements of both. Some of the codes in place are state-developed and take into account state-specific concerns, such as climate, the state's economy and history, and the anticipated impact on the local building industry. Many other states adopt state-specific amendments to the national model building energy codes: the 2009 International Energy Conservation Code (IECC) and ASHRAE Standard 90.1-2007.

Given the wide variation in state-level policies, BCAP has developed individual pages on OCEAN for each of the 50 U.S. states, the District of Columbia, and the five U.S. territories. Each page contains detailed information on the state’s current energy code policy, its energy code history, the process for changing and updating the state’s energy codes, local jurisdiction code adoption within the state, relevant links and contact information, and discussion on other energy code topics. You may also compare state energy codes across the nation by viewing BCAP’s national commercial and residential energy code status maps.

Federal Policy

While there is currently no mandatory national energy code for residential or commercial buildings, the US Department of Energy (DOE) provides support for states and local jurisdictions to adopt and implement the two model energy codes. This support includes outreach, training, compliance software tools, and financial assistance. BCAP conducts some of these activities on behalf of the DOE.

DOE works closely with the two nationally recognized member-based organizations that develop the model energy codes—the International Code Council (ICC) and the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE)—as well as other energy code organizations, to develop more stringent and easier-to-understand building energy codes. These groups identify innovative energy-efficient technologies and practices and work to remove barriers to these technologies in the national model energy codes. With each new edition of the IECC and ASHRAE Standard 90.1 every three years, DOE issues a determination about whether the new edition will improve energy efficiency in new buildings. If DOE finds that the newest version of the model energy code is more energy efficient than the previous version, the Energy Policy Act of 1992 requires states to certify that their building energy codes meet the requirements of the new code within two years.