Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES Standard 90.1-2022, 15983-15985 [2024-04717]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / Notices
mile-long offshore export cable corridor
extending from the lease area north into
Rhode Island Sound and Narragansett
Bay, making landfall near Quonset Point
in North Kingstown, Rhode Island.
The USACE’s decision to issue a
permit, and the laws under which the
action was taken, are described in the
Revolution Wind Export Cable Project
Final Environmental Impact Statement
(FEIS) published on July 21, 2023, in the
joint Record of Decision (ROD) issued
on August 21, 2023, and in other project
records. The FEIS, ROD, and other
documents can be viewed and
downloaded from the BOEM project
website at https://www.boem.gov/
renewable-energy/state-activities/
revolution-wind. The USACE permit can
be viewed and downloaded from the
USACE website at https://
www.nae.usace.army.mil/Missions/
Regulatory/Permits-Issued/OrstedRevolution-Wind-LLC-Oct-2023/. By this
notice, USACE is advising the public of
final agency action subject to 42 U.S.C.
4370m–6(a)(1)(A).
Authority: 42 U.S.C. 4370m–
6(a)(1)(A).
John P. Lloyd,
Brigadier General, Commanding.
[FR Doc. 2024–04780 Filed 3–5–24; 8:45 am]
BILLING CODE 3720–58–P
I. Background
II. Determination Statement
III. State Certification
DEPARTMENT OF ENERGY
[EERE–2023–BT–DET–0017]
Determination Regarding Energy
Efficiency Improvements in ANSI/
ASHRAE/IES Standard 90.1–2022
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notification of determination.
AGENCY:
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
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
16:57 Mar 05, 2024
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:
www.energycodes.gov/development/
determinations.
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;
Jeremy.Williams@ee.doe.gov.
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;
Laura.Zuber@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Jkt 262001
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
1 ANSI—American National Standards Institute;
ASHRAE—American Society of Heating,
Refrigerating, and Air-Conditioning Engineers;
IES—Illuminating Engineering Society.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
15983
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).
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
www.ashrae.org/technical-resources/
bookstore/standard-90-1.
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/
2 See www.ansi.org/american-national-standards/
info-for-standards-developers/standardsdevelopers.
E:\FR\FM\06MRN1.SGM
06MRN1
15984
Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / Notices
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 www.energycodes.gov 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:
• 9.8 percent site energy savings
• 9.4 percent source energy savings
• 8.9 percent energy cost savings
• 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.
ddrumheller on DSK120RN23PROD with NOTICES1
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
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.
VerDate Sep<11>2014
16:57 Mar 05, 2024
Jkt 262001
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.
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
BuildingEnergyCodes@ee.doe.gov.
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
5 www.energycodes.gov/RECI.
4 Available
at www.energycodes.gov/adoption/
states.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
6 www.energy.gov/scep/technical-assistanceadoption-building-energy-codes.
E:\FR\FM\06MRN1.SGM
06MRN1
Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / Notices
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
DEPARTMENT OF ENERGY
Proposed Agency Information
Collection Revision; Correction
Office of Energy Efficiency and
Renewable Energy, U.S. Department of
Energy.
ACTION: Notice and request for OMB
review and comment; correction.
AGENCY:
The Department of Energy
(DOE) published in the Federal Register
on February 21, 2024, a notice of a
Proposed Agency Information
Collection Revision. DOE’s Office of
Energy Efficiency and Renewable
Energy (EERE) had submitted to the
Office of Management and Budget
(OMB) for clearance, a proposal for a
three-year extension, with changes, of a
collection of information under the
provisions of the Paperwork Reduction
Act of 1995. This document makes a
correction to that notice.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the EERE Environmental
Questionnaire should be directed to
Andrew M. Montano at:
EEREEQComments@ee.doe.gov. The
EERE Environmental Questionnaire also
is available for reviewing in the Golden
Field Office Public Reading Room at:
www.energy.gov/node/2299401. If you
have difficulty accessing this document,
please contact Casey Strickland at (720)
356–1575.
Environment, Safety and Health Office,
Golden Field Office, Office of 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
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. 2024–04742 Filed 3–5–24; 8:45 am]
BILLING CODE 6450–01–P
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
Correction
In the Federal Register of February
21, 2024, FR Doc. 2024–03470 (89 FR
13060), under the FOR FURTHER
INFORMATION CONTACT section, in the
first sentence, remove the email address
‘‘EREEQComments@ee.doe.gov’’ and
add in its place ‘‘EEREEQComments@
ee.doe.gov’’.
Signing Authority
This document of the Department of
Energy was signed on February 29,
2024, by Matthew Blevins, Director,
VerDate Sep<11>2014
16:57 Mar 05, 2024
Jkt 262001
DEPARTMENT OF ENERGY
Electric Vehicle Working Group
Department of Energy.
Notice of open meeting.
AGENCY:
ACTION:
The Department of Energy
hereby publishes a notice of open
meeting of the Electric Vehicle Working
Group (EVWG). The Federal Advisory
Committee Act requires that public
notice of these meetings be announced
in the Federal Register.
DATES: Tuesday, April 2, 2024; 9:30 a.m.
to 4 p.m. Eastern Time and Wednesday,
April 3, 2024; 8:30 a.m. to 2:30 p.m.
Eastern Time. Start and end times may
change slightly. Please visit https://
driveelectric.gov/ev-working-group for
the most up to date agenda.
ADDRESSES: The meeting will be held for
members of the EVWG at the U.S.
Department of Transportation 1200 New
Jersey Avenue SE, Washington, DC
20590. Members of the public who
would like to participate may do so
virtually and must register at: https://
driveelectric.gov/ev-working-group.
FOR FURTHER INFORMATION CONTACT: Dr.
Rachael Nealer, Designated Federal
Officer, U.S. Department of Energy,
1000 Independence Avenue SW,
Washington, DC 20585; email: evwg@
ee.doe.gov; telephone: (202) 586–3916.
SUPPLEMENTARY INFORMATION:
Background: The Electric Vehicle
Working Group (EVWG) was formed by
the Joint Office of Energy and
Transportation to make
recommendations to the Secretaries of
SUMMARY:
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
15985
Energy and Transportation regarding the
development, adoption, and integration
of light-, medium-, and heavy-duty
electric vehicles (EVs) into the U.S.
transportation and energy systems.
Purpose of the Meeting: This is the
first in-person meeting of the EVWG.
Tentative Agenda: The meeting will
start at 9:30 a.m. Eastern Time on
Tuesday, April 2, 2024. The tentative
meeting agenda includes: a review and
vote of the EVWGs first report, updates
from subcommittees, and a series of
technical presentations. Meeting
materials and a link to registration can
be found here: https://driveelectric.gov/
ev-working-group.
Public Participation: The meeting will
be held in-person for members of the
EVWG. Members of the public who
would like to participate may do so
virtually and must register at: https://
driveelectric.gov/ev-working-group.
Individuals and representatives of
organizations who would like to offer
comments and suggestions may do so
during the public comment portion of
the meeting. Approximately 30 minutes
will be reserved for public comments
near the end of each meeting day. Time
allotted per speaker will depend on the
number who wish to speak but will not
exceed three minutes. The Designated
Federal Officer is empowered to
conduct the meeting in a fashion that
will facilitate the orderly conduct of
business. Those wishing to speak during
the public comment period should
indicate so within their registration.
Those not able to attend the meeting
or who have insufficient time to address
the committee are invited to send a
written statement to Dr. Rachael Nealer,
U.S. Department of Energy, 1000
Independence Avenue SW, Washington,
DC 20585, or email: evwg@ee.doe.gov.
Minutes: The minutes of the meeting
will be available on https://
driveelectric.gov/ev-working-group or by
contacting Dr. Nealer. She may be
reached at the above postal address or
email address.
Signing Authority: This document of
the Department of Energy was signed on
February 29, 2024, by David Borak,
Deputy Committee Management Officer,
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
E:\FR\FM\06MRN1.SGM
06MRN1
]]>Agencies
[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Notices]
[Pages 15983-15985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04717]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: www.energycodes.gov/development/determinations.
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;
[email protected].
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; [email protected].
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).
---------------------------------------------------------------------------
\1\ ANSI--American National Standards Institute; ASHRAE--
American Society of Heating, Refrigerating, and Air-Conditioning
Engineers; IES--Illuminating Engineering Society.
---------------------------------------------------------------------------
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 www.ashrae.org/technical-resources/bookstore/standard-90-1.
---------------------------------------------------------------------------
\2\ See www.ansi.org/american-national-standards/info-for-standards-developers/standards-developers.
---------------------------------------------------------------------------
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 www.energycodes.gov 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:
9.8 percent site energy savings
9.4 percent source energy savings
8.9 percent energy cost savings
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\4\ Available at www.energycodes.gov/adoption/states.
\5\ www.energycodes.gov/RECI.
\6\ www.energy.gov/scep/technical-assistance-adoption-building-energy-codes.
---------------------------------------------------------------------------
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
[email protected].
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
