Notice2024-04717
Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES Standard 90.1-2022
Primary source
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Published
March 6, 2024
Issuing agencies
Energy Department
Abstract
The U.S. Department of Energy (DOE) has reviewed ANSI/ASHRAE/ IES Standard 90.1-2022: Energy Standard for Buildings, Except Low-Rise Residential Buildings (Standard 90.1-2022) and determined the updated edition would improve energy efficiency in commercial buildings. DOE analysis indicates that buildings meeting Standard 90.1-2022, as compared with buildings meeting the previous 2019 edition, would result in national average site energy savings of 9.8 percent of commercial building energy consumption. Under the Energy Conservation and Production Act, as amended (ECPA), upon publication of an affirmative determination, each State is required to review the provisions of their commercial building code regarding energy efficiency, and, as necessary, update their codes to meet or exceed Standard 90.1-2022. Additionally, this notice provides guidance on state code review processes and associated certifications.
Full Text
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<title>Federal Register, Volume 89 Issue 45 (Wednesday, March 6, 2024)</title>
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[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Notices]
[Pages 15983-15985]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04717]
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DEPARTMENT OF ENERGY
[EERE-2023-BT-DET-0017]
Determination Regarding Energy Efficiency Improvements in ANSI/
ASHRAE/IES Standard 90.1-2022
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of determination.
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SUMMARY: The U.S. Department of Energy (DOE) has reviewed ANSI/ASHRAE/
IES Standard 90.1-2022: Energy Standard for Buildings, Except Low-Rise
Residential Buildings (Standard 90.1-2022) and determined the updated
edition would improve energy efficiency in commercial buildings. DOE
analysis indicates that buildings meeting Standard 90.1-2022, as
compared with buildings meeting the previous 2019 edition, would result
in national average site energy savings of 9.8 percent of commercial
building energy consumption. Under the Energy Conservation and
Production Act, as amended (ECPA), upon publication of an affirmative
determination, each State is required to review the provisions of their
commercial building code regarding energy efficiency, and, as
necessary, update their codes to meet or exceed Standard 90.1-2022.
Additionally, this notice provides guidance on state code review
processes and associated certifications.
DATES: Certification statements provided by States shall be submitted
by March 6, 2026.
ADDRESSES: A copy of the supporting analysis, as well a link to the
Federal docket, is available at: <a href="http://www.energycodes.gov/development/determinations">www.energycodes.gov/development/determinations</a>.
Certification Statements must be addressed to the Building
Technologies Office--Building Energy Codes Program Manager, U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy,
1000 Independence Avenue SW, EE-5B, Washington, DC 20585.
FOR FURTHER INFORMATION CONTACT: Mr. Jeremiah Williams; U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, 1000
Independence Avenue SW, EE-5B, Washington, DC 20585; (202) 441-1288;
<a href="/cdn-cgi/l/email-protection#074d6275626a7e29506e6b6b6e666a744762622963686229606871"><span class="__cf_email__" data-cfemail="773d1205121a0e59201e1b1b1e161a043712125913181259101801">[email protected]</span></a>.
For legal issues, please contact: Ms. Laura Zuber; U.S. Department
of Energy, Office of the General Counsel, 1000 Independence Avenue SW,
GC-33, Washington, DC 20585; (240) 306-7651; <a href="/cdn-cgi/l/email-protection#db97baaea9baf581aeb9bea99bb3aaf5bfb4bef5bcb4ad"><span class="__cf_email__" data-cfemail="460a27333427681c33242334062e376822292368212930">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
II. Determination Statement
III. State Certification
I. Background
Title III of the Energy Conservation and Production Act, as amended
(ECPA), establishes requirements for DOE to review consensus-based
building energy conservation standards. (42 U.S.C. 6831 et seq.)
Section 304(b), as amended, of ECPA provides that whenever the ANSI/
ASHRAE/IESNA \1\ Standard 90.1-1989 (Standard 90.1-1989 or 1989
edition), or any successor to that code, is revised, the Secretary of
Energy (Secretary) must make a determination, not later than 12 months
after such revision, whether the revised code would improve energy
efficiency in commercial buildings, and must publish notice of such
determination in the Federal Register. 42 U.S.C. 6833(b)(2)(A). If the
Secretary makes an affirmative determination, within two years of the
publication of the determination, each State is required to certify
that it has reviewed and updated the provisions of its commercial
building code regarding energy efficiency with respect to the revised
or successor code and include in its certification a demonstration that
the provisions of its commercial building code, regarding energy
efficiency, meet or exceed the revised standard. 42 U.S.C.
6833(b)(2)(B)(i).
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\1\ ANSI--American National Standards Institute; ASHRAE--
American Society of Heating, Refrigerating, and Air-Conditioning
Engineers; IES--Illuminating Engineering Society.
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ANSI/ASHRAE/IES Standard 90.1-2022 (Standard 90.1-2022 or the
``Standard''), the most recent edition, was published in January 2023,
triggering the statutorily required DOE review process. Standard 90.1-
2022 is developed under ANSI-approved procedures,\2\ a public review
and consensus process through which any interested party can
participate, and is under continuous maintenance under the purview of
an ASHRAE Standing Standard Project Committee (commonly referenced as
SSPC 90.1). ASHRAE has an established program for regular publication
of addenda, or revisions, including procedures for timely, documented,
public review and consensus action on requested changes to Standard
90.1-2022. More information on the consensus process and Standard 90.1-
2022 is available at <a href="http://www.ashrae.org/technical-resources/bookstore/standard-90-1">www.ashrae.org/technical-resources/bookstore/standard-90-1</a>.
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\2\ See <a href="http://www.ansi.org/american-national-standards/info-for-standards-developers/standards-developers">www.ansi.org/american-national-standards/info-for-standards-developers/standards-developers</a>.
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In support of its model energy code determinations, DOE conducts a
technical analysis to assess the energy savings impacts associated with
the updated code (Standard 90.1-2022). DOE's review under ECPA is
technical in nature and helps to inform and advise interested industry
stakeholders of the effects of the updated code, as well as states and
local governments who ultimately adopt, implement and enforce building
codes. Although, DOE is an active participant in the review and update
process for Standard 90.1-2022, as directed under ECPA (42 U.S.C.
6836(b)), the Department neither administers nor publishes the model
energy codes. Additionally, the directive for states to update their
energy efficiency codes based on the updated edition of Standard 90.1-
2022 is ultimately rooted in ECPA. DOE's technical analysis serves as
basis for DOE's determination and helps inform adopting states who seek
to update their codes and comply with ECPA.
DOE's full technical analysis, including assumptions and parameters
applied in the analysis, is published as a separate technical support
document (TSD) and available for review at www.energycodes.gov/sites/
default/
[[Page 15984]]
files/2024-02/Standard_90.1-2022_Final_Determination_TSD.pdf.
DOE publishes a wide range of technical assistance resources
supporting building energy codes. This includes additional technical
analyses evaluating the impacts of updated building energy codes, such
as quantifying energy and environmental benefits, as well as additional
resources supporting the adoption and successful implementation of
energy codes across states and local governments. New federal
assistance is also available supporting state and local adoption and
implementation of building energy codes through the Bipartisan
Infrastructure Law (Section 40511) and Inflation Reduction Act (Section
50131). Visit <a href="http://www.energycodes.gov">www.energycodes.gov</a> to learn more about these initiatives
and technical assistance resources.
II. Determination Statement
Commercial buildings meeting Standard 90.1-2022 (compared to the
previous 2019 edition) are expected to experience the following savings
on a weighted national average basis:
<bullet> 9.8 percent site energy savings
<bullet> 9.4 percent source energy savings
<bullet> 8.9 percent energy cost savings
<bullet> 9.3 percent carbon emissions savings
DOE concludes that Standard 90.1-2022 will improve energy
efficiency in commercial buildings, and, therefore, receives an
affirmative determination under Section 304(a) of ECPA.
III. State Certification
Upon publication of this affirmative determination, ECPA requires
each State to review and update, as necessary, the provisions of its
commercial building energy code to meet or exceed the Standard 90.1-
2022 with regard to energy efficiency.\3\ 42 U.S.C. 6833(b)(2)(B)(i).
This must be completed not later than 2 years from the date the Notice
of Determination is published in the Federal Register, unless an
extension is provided.
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\3\ Standard 90.1.-2022 added prescriptive requirements for
onsite energy generation in certain building types and climate zones
which is to be achieved through the use of renewable energy systems.
This determination excludes these provisions relating to renewable
energy systems because they fall outside the scope of DOE's section
6833(2)(B) review. However, related impacts on whole-building energy
savings are reported in DOE's technical analysis developed in
support of this determination.
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State Review & Update
DOE recognizes that some States do not have a State commercial
building energy code or have a State code that does not apply to all
commercial buildings. States may base their certifications on
reasonable actions by units of general-purpose local government. Each
such State must review the information obtained from the local
governments and gather any additional data and testimony in preparing
its own certification.
The applicability of any State revisions to new or existing
buildings would be governed by the State building codes. States should
be aware that the scope of Standard 90.1-2022 includes high-rise
(greater than three stories) multi-family residential buildings, and
hotels, motels, and other transient residential building types of any
height, as commercial buildings for energy code purposes. Consequently,
commercial buildings, for the purposes of certification to DOE, would
include high-rise multi-family residential buildings, hotels, motels,
and other transient residential building types of any height.
State Certification Statements
Section 304(b) of ECPA, as amended, requires each State to certify
to the Secretary of Energy that it has reviewed and updated the
provisions of its commercial building energy code regarding energy
efficiency to meet or exceed the Standard 90.1-2022. 42 U.S.C. 6833(b).
The certification must include a demonstration that the provisions of
the State's commercial building energy code regarding energy efficiency
meets or exceeds Standard 90.1-2022. If a State intends to certify that
its commercial building energy code already meets or exceeds the
requirements of Standard 90.1-2022, the State should provide an
explanation of the basis for this certification (e.g., Standard 90.1-
2022 is incorporated by reference in the State's building code
regulations). The chief executive of the State (e.g., the governor), or
a designated State official (e.g., director of the State energy office,
State code commission, utility commission, or equivalent State agency
having primary responsibility for commercial building energy codes),
would provide the certification to the Secretary. Such a designated
State official would also provide the certifications regarding the
codes of units of general purpose local government based on information
provided by responsible local officials.
The DOE Building Energy Codes Program tracks and reports State code
adoption and certification.\4\ Once a State has adopted an updated
energy code, DOE strives to provide technical assistance supporting the
successful implementation of such codes, including compliance tools,
education and training, and support for the updated code. DOE has
issued previous guidance on how it intends to respond to technical
assistance requests related to implementation resources, such as
building energy code compliance software. 79 FR 15112. The DOE
Secretary is directed to provide incentive funding to States to
implement the requirements of section 304, and to improve and implement
State residential and commercial building energy efficiency codes,
including increasing and verifying compliance with such codes. See 42
U.S.C. 6833(e). The Bipartisan Infrastructure Law (BIL) \5\ and
Inflation Reduction Act (IRA) \6\ also provide substantial assistance--
over $1.2 billion in federal funding--supporting the adoption and
implementation of updated building energy codes. DOE does not prescribe
how each State adopts and enforces its energy codes.
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\4\ Available at <a href="http://www.energycodes.gov/adoption/states">www.energycodes.gov/adoption/states</a>.
\5\ <a href="http://www.energycodes.gov/RECI">www.energycodes.gov/RECI</a>.
\6\ <a href="http://www.energy.gov/scep/technical-assistance-adoption-building-energy-codes">www.energy.gov/scep/technical-assistance-adoption-building-energy-codes</a>.
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Requests for Extensions
Section 304(c) of ECPA requires that the Secretary permit an
extension of the deadline for complying with the certification
requirements described previously, if a State can demonstrate that it
has made a good faith effort to comply with such requirements and that
it has made significant progress toward meeting its certification
obligations. (42 U.S.C. 6833(c)) Such demonstrations could include one
or both of the following: (1) a plan for response to the requirements
stated in Section 304; or (2) a statement that the State has
appropriated or requested funds (within State funding procedures) to
implement a plan that would respond to the requirements of Section 304
of ECPA. This list is not exhaustive. Requests are to be sent to the
address provided in the ADDRESSES section or submitted to
<a href="/cdn-cgi/l/email-protection#f7b5829e9b939e9990b2999285908eb498939284b79292d9939892d9909881"><span class="__cf_email__" data-cfemail="a8eaddc1c4ccc1c6cfedc6cddacfd1ebc7cccddbe8cdcd86ccc7cd86cfc7de">[email protected]</span></a>.
Signing Authority
This document of the Department of Energy was signed on February
26, 2024, by Jeffrey M. Marootian, Principal Deputy Assistant Secretary
for Energy Efficiency and Renewable Energy, pursuant to delegated
authority from the Secretary of Energy. That document with the original
signature and date is maintained by DOE. For administrative purposes
only, and in compliance with requirements of the Office of the Federal
Register, the undersigned DOE Federal Register Liaison Officer has been
[[Page 15985]]
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Energy. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on March 1, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-04717 Filed 3-5-24; 8:45 am]
BILLING CODE 6450-01-P
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