The American Clean Energy and Security Act of 2009 (“ACES”), an overview of which is available here, recently passed the House and is currently on the Senate calendar for this fall. This Newsletter will continue to discuss portions of the current bill that may impact our clients and colleagues. This Newsletter discusses the proposed authorization of the establishment of a National Energy Efficiency Building Code (“National Building Code”), mandating certain reductions in energy use for new buildings.
Currently, many cities have adopted, or are in the process of adopting, energy efficiency building codes. Although, under ACES, states or local governments would be permitted to adopt or keep their own energy efficiency building codes, this new legislation may force some states or local governments to revise their ordinances if they do not meet the current energy reduction requirements under ACES and it will require that states take affirmative action to show that they are in compliance in order to receive certain sources of funding.