Public Buildings Will Have to Meet Stricter Energy Efficiency Standards, Possible Restrictions on Fossil Fuel Use

Next year, design for the construction of new federal buildings will have to meet stricter energy efficiency standards.  The Department of Energy (DOE) also is reworking a rule that phases out the use of power from fossil fuel sources for new and renovated federal buildings.  This phase-out provision has sparked some controversy in Congress, where some would like to strike-out the phase-out while retaining energy performance goals.  A bill of that nature may be attached to a more comprehensive energy efficiency bill that is making its way through the Senate in time for debate this fall. Looking forward to July 2014, federal buildings will have to meet the requirements in ASHRAE Standard 90.1-2010 instead of ASHRAE 90.1-2007.  The Department of Energy completed this action as part of a standard process for reviewing and adopting updated standards; and published the new rule on July 9, 2013, in the Federal Register.  During its review, DOE found that using the 90.1-2010 would save 18.2 percent more source energy than current use of the 2007 version.  Click here to read the rule online. The DOE also is continuing to work on modifying the fossil fuel phase-out rule to implement provisions in the Energy Independence and Security Act of 2007.  The agency has reportedly struggled with the requirement to phase-out the use of fossil fuels to power new and majorly renovated federal buildings by 2030 —not advancing beyond a notice of proposed rulemaking since 2010.  A supplemental notice of proposed rulemaking is expected in October of this year. The fossil fuel phase out has garnered some interest in Congress, where a bill to neutralize the requirement was introduced in June and may be attached to a larger bill focused on improving the energy efficiency of buildings.  The All-of-the-Above Federal Building Energy Conservation Act of 2013 (S. 1199), sponsored by Sen. John Hoeven (R-N.D.), would promote improved energy performance without restricting the use of fossil fuels.  S. 1199 may be attached as an amendment to the larger Energy Savings and Industrial Competitiveness Act of 2013 (S. 1392), which was introduced by Sens. Jeanne Shaheen (D-N.H.) and Rob Portman (R-Ohio).  The Shaheen-Portman bill is shaping up to be the most comprehensive energy efficiency bill debated on the floor of the Senate within the last six years.  Debate on the Shaheen-Portman bill, along with consideration of any proposed amendments, may happen after the August recess, although it will compete with fiscal matters for floor time this fall. More Information on Energy Use and Federal Buildings In its rule to update the efficiency standard, DOE notes that there are a number of statutory provisions, regulations, Executive Orders, and memoranda of understanding that govern energy consumption in new Federal buildings. These include, but are not limited to, Executive Order 13514 (74 FR 52117 - October 8, 2009); sections 323, 433, 434, and 523 of the Energy Independence and Security Act of 2007; Executive Order 13423 (72 FR 3919 -January 26, 2007); the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings originally adopted in the Federal Leadership in High Performance and Sustainable Buildings MOU; section 109 of the Energy Policy Act of 2005 (Pub. L. 109-58); and 10 CFR Parts 433 and 435. The new rule supports and does not supplant these other applicable legal requirements for new Federal buildings. For more information, please contact AGC’s Melinda Tomaino at tomainom@agc.org or (703) 837-5415.