Notice2026-08646

Updating and Improving the Methodology for Assessing Affordability and Cost-Effectiveness of Building Energy Codes

Primary source

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Published
May 4, 2026

Issuing agencies

Energy Department

Abstract

Building energy codes have significantly increased the costs of building a home and extended average consumer payback periods. The U.S. Department of Energy (DOE) has prioritized affordability in housing and new construction across the U.S., including taking swift action via building codes to lower construction costs and deliver greater value to American households and businesses. As part of this effort, DOE is seeking input on its methodology for assessing consumer impacts associated with residential and commercial building energy codes, toward the objective of ensuring transparency in building energy code evaluations. As directed by statute, DOE conducts technical analysis to quantify consumer cost increases associated with building energy codes, as well as the related savings. DOE requests feedback on its analysis methodology, data sources, and assumptions. In addition, DOE welcomes a critical examination of how to broadly reduce the cost of new construction and reduce regulatory burden to improve housing affordability and consumer choice.

Full Text

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<title>Federal Register, Volume 91 Issue 85 (Monday, May 4, 2026)</title>
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[Federal Register Volume 91, Number 85 (Monday, May 4, 2026)]
[Notices]
[Pages 23982-23987]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08646]


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DEPARTMENT OF ENERGY

[EERE-2026-BT-BC-0034]


Updating and Improving the Methodology for Assessing 
Affordability and Cost-Effectiveness of Building Energy Codes

AGENCY: Office of Critical Minerals and Energy Innovation, Department 
of Energy.

ACTION: Request for information.

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SUMMARY: Building energy codes have significantly increased the costs 
of building a home and extended average consumer payback periods. The 
U.S. Department of Energy (DOE) has prioritized affordability in 
housing and new construction across the U.S., including taking swift 
action via building codes to lower construction costs and deliver 
greater value to American households and businesses. As part of this 
effort, DOE is seeking input on its methodology for assessing consumer 
impacts associated with residential and commercial building energy 
codes, toward the objective of ensuring transparency in building energy 
code evaluations. As directed by statute, DOE conducts technical 
analysis to quantify consumer cost increases associated with building 
energy codes, as well as the related savings. DOE requests feedback on 
its analysis methodology, data sources, and assumptions. In addition, 
DOE welcomes a critical examination of how to broadly reduce the cost 
of new construction and reduce regulatory burden to improve housing 
affordability and consumer choice.

DATES: 
    Meeting: DOE may hold stakeholder workshop(s) associated with this 
request for information. See section IV, ``Public Participation,'' for 
registration information and participant instructions.
    Comments: Written comments and information are requested by August 
3, 2026.

ADDRESSES: Interested persons may submit comments, identified by docket 
number EERE-2026-BT-BC-0034, by any of the following methods:
    1. Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the 
instructions for submitting comments.
    2. Email: <a href="/cdn-cgi/l/email-protection#0c4e60686b4962697e6b754f6368697f4169786463686360636b753e3c3e3a4e4f3c3c3f384c696922686369226b637a"><span class="__cf_email__" data-cfemail="5a18363e3d1f343f283d2319353e3f29173f2e32353e3536353d23686a686c18196a6a696e1a3f3f743e353f743d352c">[email&#160;protected]</span></a>. Include 
EERE-2026-BT-BC-0034 in the subject line of the message.
    3. Postal Mail: U.S. Department of Energy, Building Technologies 
Office, Mailstop EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. If possible, please submit all items on a compact disc 
(CD), in which case it is not necessary to include printed copies.
    4. Hand Delivery/Courier: U.S. Department of Energy, Building 
Technologies Office, 1000 Independence Avenue SW, Washington, DC 20585-
0121. Telephone: (202) 287-1445. If possible, please submit all items 
on a CD, in which case it is not necessary to include printed copies.
    No telefacsimiles (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on the 
rulemaking process, see section IV of this document.
    Public Docket: The docket, which includes notices published in the 
Federal Register and public comments received, is available for review 
at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the docket are listed in the 
<a href="http://www.regulations.gov">www.regulations.gov</a> index. However, some documents listed in the index, 
such as those containing information exempt from public disclosure, may 
not be publicly available.
    The docket web page can be found at <a href="https://www.regulations.gov/docket/EERE-2026-BT-BC-0034">https://www.regulations.gov/docket/EERE-2026-BT-BC-0034</a>. The docket web page contains simple 
instructions on how to access all documents, including public comments, 
in the docket.

FOR FURTHER INFORMATION CONTACT: 
    Jeremy Williams; U.S. Department of Energy, Office of Critical 
Minerals and Energy Innovation (CMEI), Building

[[Page 23983]]

Technologies Office CM-5B, 1000 Independence Avenue SW, Washington, DC 
20585; Phone: (202) 287-1941, Email: <a href="/cdn-cgi/l/email-protection#c5afa0b7a0a8bcebb2aca9a9aca4a8b685a0a0eba1aaa0eba2aab3"><span class="__cf_email__" data-cfemail="4b212e392e2632653c222727222a26380b2e2e652f242e652c243d">[email&#160;protected]</span></a>.
    For legal matters, contact: Laura Zuber; U.S. Department of Energy, 
Office of the General Counsel, GC-33, 1000 Independence Avenue SW, 
Washington, DC 20585; Phone: (240) 306-7651, Email: 
<a href="/cdn-cgi/l/email-protection#3458554146551a4e41565146745c451a505b511a535b42"><span class="__cf_email__" data-cfemail="9df1fce8effcb3e7e8fff8efddf5ecb3f9f2f8b3faf2eb">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
II. DOE Methodology for Evaluating Building Energy Codes Cost 
Savings
III. Issues on Which DOE Is Seeking Feedback
IV. Public Participation
V. Approval of the Office of the Secretary

I. Authority and Background

    Section 307(b) of the Energy Conservation and Production Act 
(ECPA), as amended, directs DOE to periodically review the technical 
and economic basis of the voluntary building energy codes, and to 
participate in industry processes for their review and modification 
(codified at 42 U.S.C. 6836(b)). DOE establishes robust technical 
methods and makes its analysis available to the public to ensure 
transparency to industry consensus bodies--the International Energy 
Conservation Code (IECC) \1\ and ANSI/ASHRAE/IES Standard 90.1,\2\ 
respectively--as well as states and local jurisdictions who are 
ultimately responsible for adopting and implementing building codes.
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    \1\ As administered by the International Code Council (ICC).
    \2\ As administered by the American Society for Heating, 
Refrigerating and Air-conditioning Engineers (ASHRAE) in cooperation 
with the American National Standards Institute (ANSI) and 
Illuminating Engineering Society (IES).
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    This request for information (RFI) seeks public input on DOE's 
methodology for assessing the consumer impacts of building energy 
codes, increasing transparency, and improving affordability of new 
construction. This notice is intended to solicit feedback on the 
overall methodology and on several specific questions outlined later in 
this document.
    This RFI directly supports federal efforts to reduce regulatory 
burden and increase housing affordability for American homes and 
businesses. President Trump recently issued an Executive order aimed at 
making housing more affordable for Americans, stating, ``[l]ayers of 
unnecessary regulatory barriers, slow permitting processes, and onerous 
mandates at all levels of government have delayed construction, 
restricted development, and driven up the costs of new housing.'' 
Executive Order 14394 of March 13, 2026, Removing Regulatory Barriers 
to Affordable Home Construction, 91 FR 13207 (Mar. 18, 2026). In 
addition, the U.S. Office of Management and Budget (OMB) recently 
issued an RFI seeking to identify ideas for deregulation across the 
U.S., including inviting comments on any regulations currently in 
effect. 90 FR 15481 (Apr. 11, 2025). As part of that OMB effort, 
stakeholders identified DOE's cost methodology and analysis as an 
opportunity to improve transparency and foster consumer affordability 
through building codes.\3\
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    \3\ See <a href="https://www.regulations.gov/document/OMB-2025-0003-0001">https://www.regulations.gov/document/OMB-2025-0003-0001</a>.
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    DOE has previously requested similar input on its methodology 
through related RFIs. See 78 FR 47677 (Aug. 6, 2013; 79 FR 27778 (May 
15, 2014); and 80 FR 59757 (Oct. 2, 2015). Since establishing its 
methodology, DOE has continued to update it by collaborating with the 
IECC and Standard 90.1 technical committees, and by seeking continued 
input. DOE intends to continue to use its methodology to evaluate 
updated model building energy codes, particularly the IECC and Standard 
90.1, as well as updated state and local building codes.

II. DOE Methodology for Evaluating Building Energy Codes Costs and 
Savings

    This section provides an overview of DOE methodology and technical 
analysis. DOE defines residential buildings in a manner consistent with 
the IECC \4\--one- and two-family dwellings, townhouses, and low-rise 
(three stories or less above grade) multifamily residential buildings--
and, similarly, DOE defines commercial buildings in a manner consistent 
with both ASHRAE Standard 90.1 \5\ and the commercial provisions of the 
IECC \6\--buildings except one- and two-family dwellings, townhouses, 
and low-rise (three stories or less above grade) multifamily 
residential buildings. DOE's methodology centers on the perspective of 
American households and businesses. DOE relies on key metrics 
including:
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    \4\ International Code Council. 2024 International Energy 
Conservation Code (IECC). Available at: <a href="https://codes.iccsafe.org/content/IECC2024P1/index">https://codes.iccsafe.org/content/IECC2024P1/index</a>.
    \5\ American Society of Heating, Refrigerating and Air-
Conditioning Engineers. ANSI/ASHRAE/IES Standard 90.1-2022: Energy 
Standard for Buildings Except Low-Rise Residential Buildings. 
Available at: <a href="https://www.ashrae.org/technical-resources/bookstore/standard-90-1">https://www.ashrae.org/technical-resources/bookstore/standard-90-1</a>.
    \6\ International Code Council. 2024 International Energy 
Conservation Code (IECC). Available at: <a href="https://codes.iccsafe.org/content/IECC2024P1/index">https://codes.iccsafe.org/content/IECC2024P1/index</a>.
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    <bullet> Incremental consumer costs ($)--net increase in initial 
capital costs associated with energy efficiency, such as equipment 
upgrades or additional energy efficiency measures (e.g., wall 
insulation).\7\
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    \7\ Incremental consumer costs are also often referenced as 
``first costs'' or ``upfront costs.''
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    <bullet> Annual energy cost savings ($)--energy cost savings 
experienced by the consumer on an annual basis, such as through 
increased energy efficiency and an associated reduction in household 
utility bills.
    <bullet> Payback period (years)--a straightforward calculation of 
incremental consumer costs divided by annual energy cost savings.
    <bullet> Life-cycle cost analysis ($)--a more comprehensive 
accounting of net cost savings, typically over a 30-year period,\8\ 
that considers energy savings and capital investments as financed 
through a typical mortgage.\9\
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    \8\ Commensurate with the typical homeowner mortgage period.
    \9\ Life-cycle cost analysis provides a more comprehensive 
accounting of costs experienced by the consumer, such as increased 
mortgage costs, tax impacts, residual values, maintenance and 
replacement costs, and other parameters.
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    DOE also conducts cash flow analysis that evaluates net annual cost 
outlays (e.g., the difference between annual energy cost savings and 
increased annual costs for mortgage payments). This analysis helps 
identify years to positive cash flow, which is of primary interest to 
households and businesses as they consider energy efficiency upgrades 
and related capital investments.
    DOE's approach to evaluating the net costs of energy efficiency 
measures involves discounting future savings and costs to a present 
value. This multistep process entails: (1) estimating the initial 
investments or incremental consumer costs of the changed provision(s); 
\10\ (2) estimating the energy savings of the changed code 
provision(s); and (3) calculating the corresponding economic impacts of 
the changed provision(s), including net consumer cost savings.
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    \10\ Often referenced as the ``upfront costs'' or ``first 
costs.''
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    DOE's current methodology, as applied to residential and commercial 
building energy codes, is available for review at <a href="http://www.energycodes.gov/methodology">www.energycodes.gov/methodology</a>.\11\
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    \11\ See <a href="https://www.energycodes.gov/sites/default/files/2024-10/residential_methodology_2024.pdf">https://www.energycodes.gov/sites/default/files/2024-10/residential_methodology_2024.pdf</a> for residential buildings and 
<a href="https://www.energycodes.gov/sites/default/files/2024-10/Commercial_Cost_Effective_Method_2024.pdf">https://www.energycodes.gov/sites/default/files/2024-10/Commercial_Cost_Effective_Method_2024.pdf</a> for commercial buildings.

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[[Page 23984]]

III. Issues on Which DOE Is Seeking Feedback

    This section outlines several areas of opportunity and specific 
issues on which DOE is seeking input.

A. Issues Related to Estimating Costs of Code Updates

1. Costs to Consumers
    DOE is seeking input to ensure consumer costs are accurately 
reflected in analysis. Historically, to estimate incremental costs, DOE 
has relied on prominent and publicly available sources like RS 
Means,\12\ online catalogues, retail home improvement stores, journal 
articles, ENERGY STAR[supreg] cost summaries, and published research 
studies, as well as data produced by professional cost estimating 
firms. DOE considers different aspects when estimating these costs, 
including unit measurement, quantity, material cost, labor cost, 
overhead and profit, additional engineering and design, and additional 
considerations for unique measures, such as building and systems 
commissioning. However, obtaining costs from disparate sources can lead 
to inconsistencies. For instance, some sources may more closely reflect 
a wholesale cost to a builder rather than the final cost paid by the 
consumer. DOE is seeking suggestions for cost data and other 
considerations to more accurately reflect the real market costs paid by 
consumers (Topic Q01).
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    \12\ RS Means is a prominently relied upon source of cost data 
containing traditional estimates of material, labor, and equipment 
costs, plus regional adjustment factors accounting for volatility of 
pricing in markets across the U.S.
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2. Cost Database
    While DOE develops its own cost estimates, industry stakeholders 
and code development committees typically are limited to publicly 
available data to develop cost estimates for potential code changes. No 
centralized cost estimate database for code measures currently exists; 
however, such a resource could potentially help increase transparency 
of cost data sources, streamline cost analyses throughout the industry, 
and ultimately lead to data that is more reflective of the costs paid 
by consumers. DOE has previously received feedback that such a database 
would benefit the industry and would better capture and create 
uniformity around building energy efficiency expenditures faced by 
households and businesses. DOE is seeking feedback on the need for a 
publicly available database that estimates real market costs to 
consumers from building energy code measures (Topic Q02).
3. Regional Differences
    Regional differences, such as builder construction practices and 
weather conditions, can also create a barrier to developing incremental 
cost data that applies to the entire country. For instance, certain 
materials that may be common and comparatively cheap in the Midwest may 
be rarely used or require additional transportation expenses in the 
Southeast. Further, labor markets differ across the U.S., particularly 
in terms of construction volume and access to skilled labor, which has 
a significant impact on construction cost. DOE is seeking feedback on 
how to better consider and incorporate regional differences when 
evaluating real market costs to consumers, and suggestions for data 
that demonstrate those regional differences (Topic Q03).

B. Issues Related to Estimating Energy Savings of Code Updates

1. Economic Benefits to Consumers
    Estimating energy savings associated with energy efficiency 
measures typically requires the use of energy modeling simulation 
software. This approach is also used when evaluating a combination of 
energy measures, such as an entire code update, because the measures 
may have interactive effects (e.g., increased insulation and more 
efficient lighting reduce heating loads which may reduce overall HVAC 
system size). However, there are some instances where it is not 
possible to model a measure, typically when it is either not a 
technology or material that has been added to the modeling software or 
if the measure does not provide direct energy efficiency cost savings 
but, rather, other benefits, such as energy demand cost savings. In 
addition, stakeholders commonly express the desire to evaluate 
additional benefits to consumers, such as increased durability, 
comfort, productivity, and disaster resistance, and building code 
requirements are often proposed upon an assumption of such benefits. 
However, standardized and uniform methods for evaluating such impacts--
and quantifying related consumer costs--are not well established or 
accepted across the industry. DOE is seeking suggestions for data and 
analysis approaches that more accurately reflect economic benefits to 
consumers (Topic Q04).
2. Utility Costs and Energy Metrics
    When evaluating building codes or individual measures at the 
national level, industry and technical committees typically attempt to 
identify costs that most closely represent the average cost paid by 
consumers across the country or a given region. Historically, for 
national-level analyses DOE used average blended energy costs that are 
based on the most recent full-year, publicly available data from the 
U.S. Energy Information Administration (EIA), whereas state-level 
analysis uses state-specific average blended energy costs from the most 
recent full-year data from EIA. While state-specific analyses can more 
closely reflect regional variability in utility costs, the national-
level analyses do not capture this variation, which could lead to an 
overgeneralization of energy cost savings since utility costs vary 
dramatically across the country. DOE is considering evaluating 
additional metrics beyond energy costs, site energy, and source energy, 
and plans to add full fuel cycle energy. Additionally, DOE is 
particularly interested in better reflecting consumer costs for single-
family homes and plans to more clearly delineate impacts between 
single-family and multifamily buildings in its analysis. DOE is seeking 
suggestions for data and metrics that could more accurately reflect 
energy costs to consumers and the appropriateness of considering 
regional differences in energy costs (Topic Q05).
3. Prototype Models
    DOE develops a set of prototype building models that are used to 
assess the energy- and cost-savings from residential and commercial 
codes and code changes. These prototype models are intended to be 
representative of the U.S. building stock across all U.S. regions based 
on data from the U.S. Census Bureau. The single-family home prototype 
is a two-story 2,376 ft\2\ building based on recent average home size 
for single-family construction. DOE maintains a similar prototype for 
multifamily construction and is considering adding additional options 
to its suite of residential prototypes, such as a smaller single-family 
home that could help better represent the range of housing options. 
Commercial prototypes encompass a larger variety of buildings--from 
small, medium, and large offices to outpatient healthcare to non-
refrigerated warehouses--that cover approximately 75 percent of new 
construction commercial building floor area in the United States. Given 
the plan to rapidly expand data center construction in the U.S.,\13\ 
DOE is considering adding a data center

[[Page 23985]]

prototype, as well as other commercial building types that could aid 
the industry in evaluating construction costs. DOE is seeking 
suggestions for adding new or reconfiguring existing prototype 
buildings to better evaluate affordability and reflect the makeup of 
the residential and commercial buildings market (Topic Q06).
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    \13\ See ``Winning the Race, America's AI Action Plan (July 
2025); available at <a href="https://www.whitehouse.gov/wp-content/uploads/2025/07/Americas-AI-Action-Plan.pdf">https://www.whitehouse.gov/wp-content/uploads/2025/07/Americas-AI-Action-Plan.pdf</a>.
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C. Changes and Issues Related to Estimating Affordability of Code 
Changes

1. Affordability Metrics
    Consumer costs are a primary consideration for DOE to improve 
analyses on consumer affordability, choice, and purchasing power. 
Metrics could focus on upfront affordability, ongoing monthly 
affordability, long-term affordability, affordability relative to 
changing residential energy costs, and the ability to make use of 
abundant available energy sources while safeguarding consumer choice. 
For example, expanded analysis could include affordability impacts on 
first-time homeowners, new businesses, and average household economics, 
or the effect of energy price and utility bill volatility on consumer 
affordability. Similar metrics could be applied to commercial buildings 
to evaluate affordability for business owners. DOE is seeking feedback 
on the appropriateness of considering additional metrics that better 
demonstrate expanded impacts on consumer affordability, consumer 
choice, and purchasing power (Topic Q07).
2. Cost-Effectiveness Approach
    The industry technical committees that develop building energy 
codes rely upon a number of different approaches and metrics for 
calculating consumer costs and evaluating affordability impacts. For 
instance, some approaches for evaluating proposed code updates are 
based on a simple payback period, or establish a payback threshold 
(e.g., 5-year payback). The ASHRAE Standard 90.1 technical committee 
uses the ``scalar ratio'' method,\14\ which is a ratio of savings to 
investment and is typically applied to commercial investment scenarios. 
Life-cycle cost analysis (LCCA) considers the time value of money and 
includes a discount rate (i.e., discounts the value of future energy 
cost savings). Federal cost-analysis principles specify a life-cycle 
costing method, outlined in OMB Circular A-94, which accounts for 
incremental costs and savings and present values, and discounts the 
value of future savings. DOE's cost analyses have historically included 
all the methods listed above and, in addition to discount rate, DOE's 
approach factors in parameters such as energy price escalation rates, 
income tax, and mortgage rates, among others. DOE is seeking input on 
appropriate discount rates and payback periods, including potential 
thresholds for payback periods. While DOE favors including all the 
calculations above to remain responsive to the full range of federal, 
state, and local laws and requirements, the Department seeks feedback 
on this topic and the potential for new approaches (Topic Q08).
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    \14\ McBride, Development of Economic Scalar Ratios for ASHRAE 
Standards 90.1 (year), available at <a href="https://consensus.fsu.edu/FBC/2010-Florida-Energy-Code/901_Scalar_Ratio_Development.pdf">https://consensus.fsu.edu/FBC/2010-Florida-Energy-Code/901_Scalar_Ratio_Development.pdf</a>.
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3. Evaluation Period
    Individual code change proposals are typically evaluated according 
to their expected measure-life, or how long they are expected to last 
before needing to be replaced, and based on the costs and benefits to 
the consumer. For commercial buildings, ASHRAE 90.1's Scalar Ratio 
method considers equipment like rooftop air conditioners on an 18-year 
time horizon,\15\ whereas building envelope upgrades like insulation or 
windows are more likely to be viewed on a 30- or 40-year time horizon 
based on the accepted longevity of the respective measures. When 
conducting life-cycle cost assessments of residential building energy 
codes, DOE has traditionally evaluated the economic impact over 30 
years, which matches the perspective of a typical home buyer, and 
allows for an understanding of cashflows over a traditional 30-year 
mortgage. Similarly, DOE evaluates the economic impact of commercial 
buildings over 30 years, which is consistent with recommendations and 
data from the National Institute of Science and Technology (NIST) and 
OMB. Note that these 30-year timeframes represent the overall period of 
analysis (or ``study period''), with individual measures purchased, 
amortized, and often replaced within that period, with residual values, 
as applicable (as opposed to a 30-year payback period). However, DOE 
also recognizes that homeowners often make investment decisions on 
shorter timeframes, and that typical homeowners own their home for an 
average of 12 years, although tenures vary widely across the U.S.\16\ 
DOE is seeking suggestions for data and studies that demonstrate the 
appropriate length of time that is applicable to energy efficiency 
measures, and better methods of evaluating benefits to consumers (Topic 
Q09).
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    \15\ Sample ASHRAE Equipment Life Expectancy Chart, available at 
<a href="https://www.naturalhandyman.com/iip/infhvac/ASHRAE_Chart_HVAC_Life_Expectancy.pdf">https://www.naturalhandyman.com/iip/infhvac/ASHRAE_Chart_HVAC_Life_Expectancy.pdf</a>.
    \16\ Press Release, Redfin, The Typical U.S. Homeowner Hangs 
Onto Their House for 12 Years. In Los Angeles, It's 20 Years (Mar. 
6, 2026), available at <a href="https://www.redfin.com/news/press-releases/the-typical-u-s-homeowner-hangs-onto-their-house-for-12-years-in-los-angeles-its-20-years/">https://www.redfin.com/news/press-releases/the-typical-u-s-homeowner-hangs-onto-their-house-for-12-years-in-los-angeles-its-20-years/</a>.
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D. Broader Issues Affecting Consumer Costs and Regulatory Burden

1. Transparency in Industry Consensus Processes
    Industry consensus-based processes for reviewing and updating 
building energy codes, including the IECC and Standard 90.1, are open 
to the public and any party may participate and submit code change 
proposals. However, in practice, processes to develop building codes 
and standards are technical and time-intensive in nature, requiring a 
level of effort beyond what would be reasonable for a typical consumer 
or interested member of the public. In addition, codes and standards 
development processes have certain restrictions regarding copyrights, 
proprietary data, competition, and access to information that can be 
prohibitive to consumer representation. Stakeholders have also 
expressed concerns related to procedure, committee composition, and 
access to transparent data and technical information surrounding the 
development of building energy codes. DOE is seeking feedback regarding 
how to enable greater data transparency and consumer representation 
within building energy code review and consensus processes. DOE is 
interested in approaches such as consumer-oriented surveys, consumer 
participation in code development processes, and working groups or 
similar efforts that can better identify and represent consumer 
interests and needs and that can help better inform building energy 
code review and update processes. In addition, DOE is seeking feedback 
on potential alternatives to the IECC and Standard 90.1 that can better 
represent consumer interests and better meet the objectives of 
safeguarding affordability and consumer choice (Topic Q10).
2. Permitting Delays and Localized Regulatory Costs
    Consumers and industry stakeholders are faced with a wide range of 
costs associated with building construction

[[Page 23986]]

regulations beyond meeting the minimum requirements imposed by building 
energy codes. Many municipalities exhibit long permitting and approval 
timelines that lead to excessive delays that increase costs and are 
ultimately paid for by the consumer. Some jurisdictions have 
implemented dashboards or other approaches to increase transparency 
about these delays and costs. Builders and developers also face 
constraints that further increase consumer cost and inhibit the 
widespread affordability and availability of housing (e.g., local 
zoning and land use requirements, and impact fees). DOE is interested 
in feedback on the broader regulatory issues that impede building 
construction and increase costs and potential solutions. (Topic Q11).
3. Cost Drivers of New Construction
    DOE is interested in feedback on broader drivers of increased cost 
in new building construction. These include the ``hard costs'' of 
construction, labor costs, land availability, as well as housing supply 
and other drivers. DOE is interested in data sources, including with 
regional specificity, building types, or building sizes, that can 
inform future analysis of the ``baseline'' costs of new construction, 
and what portions of those costs can be directly attributable to 
materials, equipment, and labor, as well as factors such as financing 
models or other contributors to the purchase price of new homes and 
commercial buildings. DOE is also seeking input on opportunities to 
lower costs through innovative construction methods, both onsite and 
offsite methods such as industrialized construction (e.g., 
prefabricated or modular housing solutions). DOE also seeks information 
and data on any additional cost drivers, including those not explicitly 
mentioned here, that have the potential to significantly reduce 
construction costs and that commenters believe DOE should consider when 
assessing new construction affordability (Topic Q12).
    In addition to the topics outlined above, DOE requests feedback on 
broader issues pertaining to its methodology and related technical 
analysis for residential and commercial buildings.

E. Summary of Issues on Which DOE Seeks Information

    Q01. Suggestions for cost data and other considerations that more 
accurately reflect the real market costs paid by consumers.
    Q02. The appropriateness of developing and maintaining a publicly 
available database that estimates real market costs to consumers from 
building energy codes.
    Q03. The appropriateness of considering regional differences when 
evaluating real market costs to consumers and suggestions for data that 
demonstrate regional differences.
    Q04. Suggestions for data and analysis approaches that more 
accurately reflect economic benefits to consumers.
    Q05. Suggestions for data and metrics on energy costs that more 
accurately reflect costs paid by the consumer and the appropriateness 
of considering regional differences in energy costs for national-level 
analyses.
    Q06. Suggestions for adding new or reconfiguring existing prototype 
buildings to better evaluate affordability and reflect the makeup of 
the housing and buildings market.
    Q07. The appropriateness of considering additional metrics that 
better demonstrate expanded impacts on consumer affordability, consumer 
choice, and purchasing power.
    Q08. Input on appropriate discount rates and potential thresholds 
for payback periods and suggestions for updating existing cost analysis 
approaches or utilizing new approaches.
    Q09. Suggestions for data and studies that demonstrate the 
appropriate length of time that is applicable to energy efficiency 
measures, and better methods of evaluating benefits to consumers.
    Q10. Feedback on transparency and consumer representation in code 
development processes.
    Q11. Input on broader issues of regulatory burden caused by 
permitting delays and localized regulatory costs.
    Q12. Suggestions for drivers and data sources for broader costs of 
new construction for residential and commercial buildings.

IV. Public Participation

A. Stakeholder Workshop

    DOE may hold a stakeholder workshop associated with this request 
for information. The workshop would be open to any interested 
participant and occur during the public comment period (See public 
comment deadline in the DATES section of this document). DOE would use 
the workshop to seek additional public participation and feedback, in 
addition to written comments, and to allow for a more iterative 
discussion of the pertinent issues and questions. More information on 
the stakeholder workshop, including registration information and 
participant instructions, would be available at: <a href="http://www.energycodes.gov">www.energycodes.gov</a>.

B. Submission of Comments

    DOE invites all interested parties to submit in writing by the date 
listed in DATES section of this document, comments and information on 
matters addressed in this notice and on other matters relevant to DOE's 
methodology and related technical analysis for residential and 
commercial building energy codes.
    Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The 
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and 
contact information. Your contact information will not be publicly 
viewable except for your first and last names, organization name (if 
any), and submitter representative name (if any). If your comment is 
not processed properly because of technical difficulties, DOE will use 
this information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. If this instruction is followed, persons viewing comments will 
see only first and last names, organization names, correspondence 
containing comments, and any documents submitted with the comments.
    Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
<a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received through 
the website will waive any CBI claims for the information submitted. 
For information on submitting CBI, see the Confidential Business 
Information section.
    DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a> 
provides after you have successfully uploaded your comment.

[[Page 23987]]

    Submitting comments via email, hand delivery, or postal mail. 
Comments and documents submitted via email, hand delivery, or mail also 
will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comments or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English, and free of any defects or 
viruses. Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential business information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: One copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential 
deleted. Submit these documents via email or on a CD, if feasible. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of the request for 
information.

Signing Authority

    This document of the Department of Energy was signed on April 28, 
2026, by Audrey Robertson, Assistant Secretary (EERE) for Critical 
Minerals and Energy Innovation, U.S. Department of 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 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 April 30, 2026.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2026-08646 Filed 5-1-26; 8:45 am]
BILLING CODE 6450-01-P


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