The 1992 Energy Policy Act (EPAct) required all states to review and consider adopting national model energy efficiency standards for new and renovated commercial and residential buildings. The Energy Policy Act of 2005 amended EPAct to specify the most current model energy codes: the International Energy Conservation Code (IECC) and ASHRAE Standard 90.1.

With each new edition of the IECC, the U.S. Department of Energy (DOE) issues determinations based on technical analysis on whether the new edition will improve energy efficiency in residential and commercial buildings. DOE has one year to publish the determination after the newest edition of the IECC is published. Determination results are published in the Federal Register.

If DOE determines that the newest version of the IECC is more energy efficient than the previous version, each state is required by EPAct to certify that it has reviewed its residential building energy code regarding energy efficiency and made a decision as to whether it is appropriate for that state to revise its residential building code to meet or exceed the revised code.

DOE may provide technical assistance to states to improve and implement state residential building energy codes or to otherwise promote the design and construction of energy efficient residential buildings.

DOE also may provide incentive funding to states to implement stronger residential building energy codes. The amount of funding will be based on the actions proposed by the state to improve and implement residential energy codes and to promote energy efficiency through the use of energy codes.