,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ejbg ,,in ,,the ,,house ,,of ,,representatives ,july #h1 #bjad ,mrs4 ,blackburn 7for herself and ,mr4 ,schrader7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to promote energy savings in residential and commercial buildings and industry1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,energy ,savings and ,building ,efficiency ,act of #bjad4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definition of ,secretary4 ,title ,i--,buildings ,subtitle ,a--,building energy codes ,sec4 #aja4 ,greater energy efficiency in building codes4 ,subtitle ,b--,worker training and capacity building ,sec4 #aaa4 ,building training and assessment centers4 ,title ,,ii--,miscellaneous ,sec4 #bja4 ,voluntary nature of building asset rating program4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,energy4 ,i ,buildings ,a ,building energy codes #aja4 ,greater energy efficiency in building codes 7a7 ,definitions ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb7 is amended-- 7#a7 by striking paragraph 7#ad7 and inserting the following3 7#ad7 ,model building energy code ,the term model building energy code means a voluntary building energy code or standard developed and updated through a consensus process among interested persons1 such as the ,,iecc or ,,ashrae ,standard #ij4a or the code used by other appropriate organizations4 2 and 7#b7 by adding at the end the following3 7#ag7 ,,iecc ,the term ,,iecc means the ,international ,energy ,conservation ,code as published by the ,international ,code ,council4 7#ah7 ,,ashrae standard #ij4a ,the term ,,ashrae ,standard #ij4a means the ,american ,society of ,heating1 ,refrigerating and ,air ,conditioning ,engineers ,,ansi_/,,ashrae_/,,iesna ,standard #ij_/a ,energy ,standard for ,buildings ,except ,low-,rise ,residential ,buildings4 7#ai7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 7#bj7 ,simple payback ,the term simple payback means the time in years that is required for energy savings to exceed the incremental first cost of a new requirement or code4 7#ba7 ,technically feasible ,the term technically feasible means capable of being achieved1 based on widely available appliances_/equipment1 technologies1 materials1 and construction practices4 4 7b7 ,state building energy efficiency codes ,section #cjd of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcc7 is amended to read as follows3 #cjd4 ,updating ,state building energy efficiency codes 7a7 ,in general ,the ,secretary shall provide technical assistance1 as described in subsection 7f71 for the purposes of-- 7#a7 implementation of building energy codes by ,states1 ,indian tribes1 and1 as appropriate1 by local governments that are technically feasible and cost-effective2 and 7#b7 supporting full compliance with the ,state and local codes4 7b7 ,state and ,indian tribe certification of building energy code updates 7#a7 ,review and updating of codes by each ,state and ,indian tribe 7,a7 ,in general ,not later than #c years after the date on which a model building energy code is published1 each ,state or ,indian tribe shall certify whether or not the ,state or ,indian tribe1 respectively1 has reviewed and updated the energy provisions of the building code of the ,state or ,indian tribe1 respectively4 7,b7 ,demonstration ,the certification shall include a statement of whether or not the energy savings for the code provisions that are in effect throughout the ,state or ,indian tribal territory meet or exceed-- 7i7 the energy savings of the most recently published model building energy code2 or 7ii7 the targets established under section #cjg7;b77#b74 7,c7 ,no model building energy code update ,if a model building energy code is not updated by a target date established under section #cjg7;b77#b77;,d71 each ,state or ,indian tribe shall1 not later than #c years after the specified date1 certify whether or not the ,state or ,indian tribe1 respectively1 has reviewed and updated the energy provisions of the building code of the ,state or ,indian tribe1 respectively1 to meet or exceed the target in section #cjg7;b77#b74 7#b7 ,validation by ,secretary ,not later than #ij days after a ,state or ,indian tribe certification under paragraph 7#a71 the ,secretary shall-- 7,a7 determine whether the code provisions of the ,state or ,indian tribe1 respectively1 meet the criteria specified in paragraph 7#a72 7,b7 determine whether the certification submitted by the ,state or ,indian tribe1 respectively is complete2 and 7,c7 if the requirements of subparagraph 7,b7 are satisfied1 validate the certification4 7#c7 ,limitation ,nothing in this section shall be interpreted to require a ,state or ,indian tribe to adopt any building code or provision within a code4 7c7 ,improvements in compliance with building energy codes 7#a7 ,requirement 7,a7 ,in general ,not later than #c years after the date of a certification under subsection 7b71 each ,state and ,indian tribe shall certify whether or not the ,state and ,indian tribe1 respectively1 has-- 7i7 achieved full compliance under paragraph 7#c7 with the applicable certified ,state and ,indian tribe building energy code or with the associated model building energy code2 or 7ii7 made significant progress under paragraph 7#d7 toward achieving compliance with the applicable certified ,state and ,indian tribe building energy code or with the associated model building energy code4 7,b7 ,repeat certifications ,if the ,state or ,indian tribe certifies progress toward achieving compliance1 the ,state or ,indian tribe shall repeat the certification until the ,state or ,indian tribe certifies that the ,state or ,indian tribe has achieved full compliance1 respectively4 7#b7 ,measurement of compliance ,a certification under paragraph 7#a7 shall include documentation of the rate of compliance based on-- 7,a7 inspections of a random sample of the buildings covered by the code in the preceding year2 or 7,b7 an alternative method that yields an accurate measure of compliance4 7#c7 ,achievement of compliance ,a ,state or ,indian tribe shall be considered to achieve full compliance under paragraph 7#a7 if-- 7,a7 at least #ij percent of building space covered by the code in the preceding year substantially meets all the requirements of the applicable code specified in paragraph 7#a71 or achieves equivalent or greater energy savings level2 or 7,b7 the estimated excess energy use of buildings that did not meet the applicable code specified in paragraph 7#a7 in the preceding year1 compared to a baseline of comparable buildings that meet this code1 is not more than #e percent of the estimated energy use of all buildings covered by this code during the preceding year4 7#d7 ,significant progress toward achievement of compliance ,a ,state or ,indian tribe shall be considered to have made significant progress toward achieving compliance for purposes of paragraph 7#a7 if the ,state or ,indian tribe-- 7,a7 has developed and is implementing a plan for achieving compliance during the #h-year period beginning on the date of enactment of this paragraph1 including annual targets for compliance and active training and enforcement programs2 and 7,b7 has met the most recent target under subparagraph 7,a74 7#e7 ,validation by ,secretary ,not later than #ij days after a ,state or ,indian tribe certification under paragraph 7#a71 the ,secretary shall-- 7,a7 determine whether the ,state or ,indian tribe has demonstrated meeting the criteria of this subsection1 including accurate measurement of compliance2 7,b7 determine whether the certification submitted by the ,state or ,indian tribe is complete2 and 7,c7 if the requirements of subparagraph 7,b7 are satisfied1 validate the certification4 7#f7 ,limitation ,nothing in this section shall be interpreted to require a ,state or ,indian tribe to adopt any building code or provision within a code4 7d7 ,states or ,indian tribes that do not achieve compliance 7#a7 ,reporting ,a ,state or ,indian tribe that has not made a certification required under subsection 7b7 or 7c7 by the applicable deadline shall submit to the ,secretary a report on the status of the ,state or ,indian tribe with respect to meeting the requirements and submitting the certification4 7#b7 ,state sovereignty ,nothing in this section shall be interpreted to require a ,state or ,indian tribe to adopt any building code or provision within a code4 7#c7 ,local government ,in any ,state or ,indian tribe for which the ,secretary has not validated a certification under subsection 7b7 or 7c71 a local government may be eligible for ,federal support by meeting the certification requirements of subsections 7b7 and 7c74 7#d7 ,annual reports by ,secretary 7,a7 ,in general ,the ,secretary shall annually submit to ,congress1 and publish in the ,federal ,register1 a report on-- 7i7 the status of model building energy codes2 7ii7 the status of code adoption and compliance in the ,states and ,indian tribes2 7iii7 implementation of this section2 and 7iv7 improvements in energy savings over time as a result of the targets established under section #cjg7;b77#b74 7,b7 ,impacts ,the report shall include estimates of impacts of past action under this section1 and potential impacts of further action1 on-- 7i7 upfront financial and construction costs1 cost benefits and returns 7using a return on investment analysis71 and lifetime energy use for buildings2 7ii7 resulting energy costs to individuals and businesses2 and 7iii7 resulting overall annual building ownership and operating costs4 7e7 ,technical assistance to ,states and ,indian tribes ,the ,secretary shall provide technical assistance to ,states and ,indian tribes to implement the goals and requirements of this section1 including procedures and technical analysis for ,states and ,indian tribes-- 7#a7 to implement ,state residential and commercial building energy codes2 and 7#b7 to document the rate of compliance with a building energy code4 7f7 ,technical assistance to ,states and ,indian ,tribes 7#a7 ,in general ,the ,secretary shall1 upon request1 provide technical assistance to ,states and ,indian tribes to implement the goals and requirements of this section-- 7,a7 to implement ,state residential and commercial building energy codes2 and 7,b7 to document the rate of compliance with a building energy code4 7#b7 ,technical assistance ,the assistance shall include1 as requested by the ,state or ,indian tribe1 technical assistance in-- 7,a7 evaluating the energy savings of building energy codes2 7,b7 assessing the economic considerations1 referenced in section #cjg7;b77#d71 of implementing building energy codes2 7,c7 building energy analysis and design tools2 7,d7 energy simulation models2 7,e7 building demonstrations2 7,f7 developing the definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes2 and 7,g7 complying with a performance-based pathway referenced in the model code4 7#c7 ,exclusion ,for purposes of this section1 technical assistance shall not include actions that advocate1 promote1 or discourage the adoption of a particular building energy code1 code provision1 or energy savings target to a ,state or ,indian tribe4 7#d7 ,information quality and transparency ,for purposes of this section1 information provided by the ,secretary1 attendant to any technical assistance provided to a ,state or ,indian tribe1 is influential information and shall satisfy the guidelines established by the ,office of ,management and ,budget and published at #fg ,federal ,register #h1deb 7,feb4 #bb1 #bjjb74 7g7 ,federal support 7#a7 ,in general ,the ,secretary shall provide support to ,states and ,indian tribes-- 7,a7 to implement the reporting requirements of this section2 and 7,b7 to implement residential and commercial building energy codes1 including increasing and verifying compliance with the codes and training of ,state1 tribal1 and local building code officials to implement and enforce the codes4 7#b7 ,exclusion ,support shall not be given to support adoption and implementation of model building energy codes for which the ,secretary has made a determination under section #cjg7;d77#a77;,c71 that the code is not cost-effective4 7#c7 ,training ,support shall be offered to ,states1 to train ,state and local building code officials to implement and enforce codes described in paragraph 7#b74 7#d7 ,local governments ,states may work under this subsection with local governments that implement and enforce the codes4 7h7 ,voluntary programs ,to exceed model building energy code 7#a7 ,in general ,the ,secretary shall provide technical assistance1 as described in subsection 7f71 for the development of voluntary programs that exceed the model building energy codes for residential and commercial buildings for use as-- 7,a7 voluntary incentive programs adopted by local1 tribal1 or ,state governments2 and 7,b7 non-binding guidelines for energy-efficient building design4 7#b7 ,targets ,the voluntary programs described in paragraph 7#a7 shall be designed-- 7,a7 to achieve substantial energy savings compared to the model building energy codes2 and 7,b7 to meet targets under section #cjg7;b71 if available1 up to #c to #f years in advance of the target years4 7i7 ,studies 7#a7 ,,gao study 7,a7 ,the ,comptroller ,general of the ,united ,states shall conduct a study of the impacts of updating the national model building energy codes for residential and commercial buildings4 ,in conducting the study1 the ,comptroller ,general shall consider and report1 at a minimum-- 7i7 the actual energy consumption savings stemming from updated energy codes compared to the energy consumption savings predicted during code development2 7ii7 the actual consumer cost savings stemming from updated energy codes compared to predicted consumer cost savings2 and 7iii7 an accounting of expenditures of the ,federal funds under each program authorized by the title or by amendments made by this title4 7,b7 ,report to congress ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives including the study findings and conclusions4 7#b7 ,feasibility study ,the ,secretary1 in consultation with building science experts from the ,national ,laboratories and institutions of higher education1 designers and builders of energy-efficient residential and commercial buildings1 code officials1 and other stakeholders1 shall undertake a study of the feasibility1 impact1 economics1 and merit of-- 7,a7 code improvements that would require that buildings be designed1 sited1 and constructed in a manner that makes the buildings more adaptable in the future to become zero-net-energy after initial construction1 as advances are achieved in energy-saving technologies2 7,b7 code procedures to incorporate a ten-year payback1 not just first-year energy use1 in trade-offs and performance calculations2 and 7,c7 legislative options for increasing energy savings from building energy codes1 including additional incentives for effective ,state and local verification of compliance with and enforcement of a code4 7#c7 ,energy data in multi-tenant buildings ,the ,secretary1 in consultation with appropriate representatives of the utility1 utility regulatory1 building ownership1 and other stakeholders1 shall-- 7,a7 undertake a study of best practices regarding delivery of aggregated energy consumption information to owners and managers of residential and commercial buildings with multiple tenants and uses2 and 7,b7 consider the development of a memorandum of understanding between and among affected stakeholders to reduce barriers to the delivery of aggregated energy consumption information to such owners and managers4 7j7 ,effect on other laws ,nothing in this section or section #cjg supersedes or modifies the application of sections #cba through #cdf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia et seq474 7k7 ,funding limitations ,no ,federal funds shall be used to support actions by the ,secretary1 or ,states1 to advocate1 promote1 or discourage the adoption of a particular building energy code1 code provision1 or energy saving target to a ,state or ,indian tribe2 or be provided to private third parties or non-governmental organizations that engage in this type of advocacy4 4 7c7 ,federal building energy efficiency standards ,section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 is amended by striking voluntary building energy code each place it appears in subsections 7a77#b77;,b7 and 7b7 and inserting model building energy code4 7d7 ,model building energy codes ,section #cjg of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcf7 is amended to read as follows3 #cjg4 ,support for model building energy codes 7a7 ,in general ,the ,secretary shall provide technical assistance1 as described in subsection 7c71 for updating of model building energy codes4 7b7 ,targets 7#a7 ,in general ,the ,secretary shall provide technical assistance1 for updating the model building energy codes4 7#b7 ,targets 7,a7 ,in general ,the ,secretary shall provide technical assistance1 to ,states1 ,indian tribes1 local governments1 nationally recognized code and standards developers1 and other interested parties for updating of model building energy codes by establishing one or more aggregate energy savings targets through rulemaking in accordance with section #eec of title #e1 ,united ,states ,code1 to achieve the purposes of this section4 7,b7 ,separate targets ,separate targets may be established for commercial and residential buildings4 7,c7 ,baselines ,the baseline for updating model building energy codes shall be the #bjji ,,iecc for residential buildings and ,,ashrae ,standard #ij4a-bjaj for commercial buildings4 7,d7 ,specific years 7i7 ,in general ,targets for specific years shall be established and revised by the ,secretary through rulemaking in accordance with section #eec of title #e1 ,united ,states ,code1 and coordinated with nationally recognized code and standards developers at a level that-- 7,i7 is at the maximum level of energy efficiency that is technically feasible and cost effective1 while accounting for the economic considerations under paragraph 7#d72 and 7,,ii7 promotes the achievement of commercial and residential high performance buildings through high performance energy efficiency 7within the meaning of section #dja of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjfa774 7ii7 ,initial targets ,not later than #a year after the date of enactment of this clause1 the ,secretary shall establish initial targets under this subparagraph4 7iii7 ,different target years ,subject to clause 7i71 prior to the applicable year1 the ,secretary may set a later target year for any of the model building energy codes described in subparagraph 7,a7 if the ,secretary determines that a target cannot be met4 7,e7 ,small business ,when establishing targets under this paragraph through rulemaking1 the ,secretary shall ensure compliance with the ,small ,business ,regulatory ,enforcement ,fairness ,act of #aiif 7#e ,u4,s4,c4 #fja note2 ,public ,law #ajd-aba7 for any indirect economic effect on small entities that is reasonably foreseeable and a result of such rule4 7#c7 ,appliance standards and other factors affecting building energy use ,in establishing energy savings targets under paragraph 7#b71 the ,secretary shall develop and adjust the targets in recognition of potential savings and costs relating to-- 7,a7 efficiency gains made in appliances1 lighting1 windows1 insulation1 and building envelope sealing2 7,b7 advancement of distributed generation and on-site renewable power generation technologies2 7,c7 equipment improvements for heating1 cooling1 ventilation systems and water heating systems2 7,d7 building management systems and ,smart,grid technologies to reduce energy use2 and 7,e7 other technologies1 practices1 and building systems regarding building plug load and other energy uses4 ,in developing and adjusting the targets1 the ,secretary shall use climate zone weighted averages for equipment efficiency for heating1 cooling1 ventilation systems and water heating systems1 using equipment that is actually installed4 7#d7 ,economic considerations ,in establishing and revising energy savings targets under paragraph 7#b71 the ,secretary shall consider the economic feasibility of achieving the proposed targets established under this section and the potential costs and savings for consumers and building owners1 by conducting a return on investment analysis1 using a simple payback methodology over a #c-1 #e-1 and #g-year period4 ,the ,secretary shall not propose or provide technical or financial assistance for any code1 provision in the code1 or energy target1 or amendment thereto that has a payback greater than #aj years4 7c7 ,technical assistance to model building energy code-,setting and standard development organizations 7#a7 ,in general ,the ,secretary shall1 on a timely basis1 provide technical assistance to modelment organizations consistent to implement the goals of this section4 7#b7 ,technical assistance ,the assistance shall include1 as requested by the organizations1 technical assistance in-- 7,a7 evaluating the energy savings of building energy codes2 7,b7 assessing the economic considerations1 under subsection 7b77#d71 of code or standards proposals or revisions2 7,c7 building energy analysis and design tools2 7,d7 energy simulation models2 7,e7 building demonstrations2 7,f7 developing definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes2 7,g7 developing a performance-based pathway for compliance2 and 7,h7 developing model building energy codes by ,indian tribes in accordance with tribal law4 7#c7 ,exclusion ,for purposes of this section1 technical assistance shall not include actions that advocate1 promote1 or discourage the adoption of a particular building energy code1 code provision1 or energy savings target4 7#d7 ,information quality and transparency ,for purposes of this section1 information provided by the ,secretary1 attendant to development of any energy savings targets1 is influential information and shall satisfy the guidelines established by the ,office of ,management and ,budget and published at #fg ,federal ,register #h1deb 7,feb4 #bb1 #bjjb74 7d7 ,amendment proposals 7#a7 ,in general ,the ,secretary may submit timely model building energy code amendment proposals to the model building energy code-setting and standard development organizations1 with supporting evidence1 sufficient to enable the model building energy codes to meet the targets established under subsection 7b77#b74 7#b7 ,process and factors ,amendment proposals submitted by the ,secretary shall follow rulemaking in accordance with section #eec of title #e1 ,united ,states ,code1 and the factors and standards set forth in subsections 7b77#b77;,e71 7b77#c71 and 7b77#d74 ,information provided by the ,secretary1 attendant to submission of any amendment proposals1 is influential information1 and shall satisfy the guidelines established by the ,office of ,management and ,budget and published at #fg ,federal ,register #h1deb 7,feb4 #bb1 #bjjb74 ,when calculating the costs and benefits of an amendment1 the ,secretary shall use climate zone weighted averages for equipment efficiency for heating1 cooling1 ventilation systems and water heating systems1 using equipment that is actually installed4 7e7 ,analysis methodology ,the ,secretary shall make publicly available the entire calculation methodology 7including input assumptions and data7 used by the ,secretary to estimate the energy savings of code or standard proposals and revisions4 7f7 ,methodology development ,the ,secretary shall establish a methodology for evaluating cost-effectiveness of energy code changes in multifamily buildings that incorporates economic parameters representative of typical multifamily buildings4 7g7 ,determination 7#a7 ,revision of model building energy codes ,if the provisions of the ,,iecc or ,,ashrae ,standard #ij4a regarding building energy use are revised1 the ,secretary shall make a preliminary determination not later than #ij days after the date of the revision1 and a final determination not later than #ae months after the date of the revision1 on whether or not the revision-- 7,a7 improves energy efficiency in buildings compared to the existing model building energy code2 7,b7 meets the applicable targets under subsection 7b77#b72 and 7,c7 is technically feasible and cost-effective4 7#b7 ,codes or standards not meeting criteria 7,a7 ,in general ,if the ,secretary makes a preliminary determination under paragraph 7#a77;,b7 that a code or standard does not meet the targets established under subsection 7b77#b71 is not technically feasible1 or is not cost-effective1 the ,secretary may at the same time provide technical assistance1 as described in subsection 7c71 to the model building energy code or standard developer1 with proposed changes that would result in a model building energy code that meets the criteria and with supporting evidence4 ,proposed changes submitted by the ,secretary shall follow rulemaking in accordance with section #eec of title #e1 ,united ,states ,code1 and the factors and standards set forth in subsections 7b77#b77;,e71 7b77#c71 and 7b77#d74 ,information provided by the ,secretary1 attendant to submission of any amendment proposals1 is influential information1 and shall satisfy the guidelines established by the ,office of ,management and ,budget and published at #fg ,federal ,register #h1deb 7,feb4 #bb1 #bjjb74 7,b7 ,incorporation of changes 7i7 ,in general ,on receipt of the technical assistance1 as described in subsection 7c71 the model building energy code or standard developer shall have an additional #bgj days to accept or reject the proposed changes of the ,secretary the model building energy code or standard for the ,secretary to make a final determination4 7ii7 ,final determination ,a final determination under paragraph 7#a7 shall be on the modified model building energy code or standard4 7h7 ,administration ,in carrying out this section1 the ,secretary shall-- 7#a7 publish notice of targets1 amendment proposals and supporting analysis and determinations under this section in the ,federal ,register to provide an explanation of and the basis for such actions1 including any supporting modeling1 data1 assumptions1 protocols1 and cost benefit analysis1 including return on investment2 and 7#b7 provide an opportunity for public comment on targets1 amendment proposals and supporting analysis and determinations under this section1 in accordance with section #eec of title #e1 ,united ,states ,code4 7i7 ,voluntary codes and standards ,not withstanding any other provision of this section1 any model building code or standard established under this section shall not be binding on a ,state1 local government1 or ,indian tribe as a matter of ,federal law4 4 ,b ,worker training and capacity building #aaa4 ,building training and assessment centers ,the ,secretary shall provide grants to institutions of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 and ,tribal ,colleges or ,universities 7as defined in section #caf7;b7 of that ,act 7#bj ,u4,s4,c4 #ajei;c7b777 to establish building training and assessment centers-- 7#a7 to identify opportunities for optimizing energy efficiency and environmental performance in buildings2 7#b7 to promote the application of emerging concepts and technologies in commercial and institutional buildings2 and 7#c7 to train engineers1 architects1 building scientists1 building energy permitting and enforcement officials1 and building technicians in energy-efficient design and operation4 ,,ii ,miscellaneous #bja4 ,voluntary nature of building asset rating program 7a7 ,in general ,any program of the ,secretary that may enable the owner of a commercial building or a residential building to obtain a rating1 score1 or label regarding the actual or anticipated energy usage or performance of a building shall be made available on a voluntary1 optional1 and market-driven basis4 7b7 ,disclaimer as to regulatory intent ,information disseminated by the ,secretary regarding the program described in subsection 7a71 including any information made available by the ,secretary on a website1 shall include language plainly stating that such program is not developed or intended to be the basis for a regulatory program by a ,federal1 ,state1 local1 or municipal government body4