[Federal Register Volume 89, Number 6 (Tuesday, January 9, 2024)]
[Notices]
[Pages 1086-1088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00203]


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DEPARTMENT OF ENERGY


National Definition for a Zero Emissions Building: Part 1 
Operating Emissions Version 1.00, Draft Criteria

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Request for information (RFI).

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SUMMARY: The White House Office of Domestic Climate Policy (Climate 
Policy Office) seeks to create a standardized, verifiable basis for 
defining a zero emissions building. The U.S. Department of Energy (DOE) 
is issuing this RFI to receive input on Part 1 of the draft National 
Definition for a Zero Emissions Building. DOE intends to publish Part 1 
of the definition in early 2024.

DATES: DOE will accept comments, data, and information regarding this 
request for information no later than 5 p.m. (ET) on February 5, 2024.

ADDRESSES: Responses to this RFI must be submitted electronically at 
https://forms.office.com/g/Y0Ss3UFdL3.

FOR FURTHER INFORMATION CONTACT: Hayes Jones, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy (EERE), 
Building Technologies Office, Commercial Buildings Integration, (202) 
586-8873, [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 1087]]

Background

    President Biden called for net-zero emissions, economy-wide, by 
2050 and a 100% clean energy electricity sector by 2035.\1\ The 
building sector currently contributes more than one-third of U.S. 
greenhouse gases. Within the building sector, the Biden-Harris 
Administration has set the goal to make zero emissions resilient new 
construction and retrofits common practice by 2030. Accomplishing these 
goals will require increasing efficiency and expanding clean energy 
capacity. Zero emissions buildings will plug into a grid that is 
rapidly becoming cleaner. All buildings, both new and existing, have a 
critical role to play in achieving a clean energy economy. A clean 
energy economy advances the goals of tackling the climate crisis, and 
protecting public health and the environment, including local 
communities' health and well-being. Executive Order 14096, 
``Revitalizing Our Nation's Commitment to Environmental Justice for 
All,'' directs every Federal agency to advance environmental justice 
for all, including work to better protect communities with 
environmental justice concerns from the increasing impacts of climate 
change. It is also vital that the Administration is implementing 
Executive Order 14096 and the historic Justice40 Initiative, which set 
the goal that 40 percent of the overall benefits of certain Federal 
investments in climate and other key areas flow to disadvantaged 
communities.
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    \1\ www.whitehouse.gov/climate/.
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    A broadly accepted common minimum definition for a zero emissions 
building, as well as a pathway for verification, is foundational to 
efforts by public and private entities to transition the building 
sector to zero emissions.\2\ The intent of Part 1 of the National 
Definition for a Zero Emissions Building is to create a standardized, 
consistent, measurable basis for zero operating emissions buildings. 
This clear market signal and consistent target is intended to help move 
the building sector to zero emissions. The definition may serve as a 
framework that users can achieve through multiple pathways to influence 
the design and operation of buildings to substantially reduce building 
sector emissions.
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    \2\ www.whitehouse.gov/climate/and www.energy.gov/sites/default/files/2023-03/doe-fy-2024-budget-vol-4-eere-v2.pdf.
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    The minimum criteria included to define a zero operating emissions 
building is a building that is:
     Highly energy efficient,
     Free of on-site emissions from energy use, and
     Powered solely from clean energy.
    Part 1 of the draft National Definition for a Zero Emissions 
Building focuses on operational emissions which have well-established 
measurement protocols. Reducing the whole life cycle emissions of a 
building also requires minimizing the embodied carbon of the building, 
as well as minimizing the impacts of refrigerants. Such emissions are 
not within scope for Part 1 and may be considered in subsequent parts 
to the National Definition for a Zero Emission Building.
    This definition can be applied to existing buildings and new 
construction of non-federally owned buildings. This definition is not 
intended for federally owned buildings, which are governed as a 
portfolio through statutory and executive guidance.
    Part 1 of the draft definition in full, which includes details on 
the criteria above, is available here: https://www.energy.gov/eere/buildings/national-definition-zero-emissions-building. This RFI is 
intended to collect broader technical input on Part 1 of the draft 
definition. DOE will consider responses to this RFI before finalizing 
version 1.00 of Part 1 of the National Definition for a Zero Emissions 
Building.
    DOE issued a RFI in 2015 for zero energy buildings.\3\ While the 
2015 RFI was informative, the National Definition for a Zero Emissions 
Building in this RFI has different parameters.
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    \3\ RFI for Definition for Zero Energy, Buildings 80 FR 499 
(Jan. 6, 2015).
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Purpose

    The purpose of this RFI is to solicit feedback from industry, 
academia, research laboratories, government agencies, and other 
stakeholders on Part 1 of a draft National Definition for a Zero 
Emissions Building.

Disclaimer and Important Notes

    This RFI is not a Funding Opportunity Announcement (FOA); 
therefore, EERE is not accepting applications at this time. EERE may 
issue a FOA in the future based on or related to the content and 
responses to this RFI; however, EERE may also elect not to issue a FOA. 
There is no guarantee that a FOA will be issued as a result of this 
RFI. Responding to this RFI does not provide any advantage or 
disadvantage to potential applicants if EERE chooses to issue a FOA 
regarding the subject matter. Final details, including the anticipated 
award size, quantity, and timing of EERE funded awards, will be subject 
to Congressional appropriations and direction. Any information obtained 
as a result of this RFI is intended to be used by the Government on a 
non-attribution basis for planning and strategy development; this RFI 
does not constitute a formal solicitation for proposals or abstracts. 
Your response to this notice will be treated as information only. EERE 
will review and consider all responses in its formulation of program 
strategies for the identified materials of interest that are the 
subject of this request. EERE will not provide reimbursement for costs 
incurred in responding to this RFI. Respondents are advised that EERE 
is under no obligation to acknowledge receipt of the information 
received or provide feedback to respondents with respect to any 
information submitted under this RFI. Responses to this RFI do not bind 
EERE to any further actions related to this topic.

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.

Evaluation and Administration by Federal and Non-Federal Personnel

    Federal employees are subject to the non-disclosure requirements of 
a criminal statute, the Trade Secrets Act, 18 U.S.C. 1905. The 
Government may seek the advice of qualified non-Federal personnel. The 
Government may also use non-Federal personnel to conduct routine, 
nondiscretionary administrative activities. The respondents, by 
submitting their response, consent to EERE providing their response to 
non-Federal parties. Non-Federal parties given access to responses must 
be subject to an appropriate obligation of confidentiality prior to 
being given access. Submissions may be reviewed by support contractors 
and private consultants.

Request for Information Questions

    Please reference the linked full draft of Part 1 of the National 
Definition for a Zero Emissions Building when responding to these 
questions.

[[Page 1088]]

    A. Are the draft criteria clear and appropriate for the definition 
for a zero emissions building? Should any other criteria be considered 
for Part 1? Please provide specific feedback about this draft 
definition.
    B. Energy efficiency criteria.
    [cir] Should energy efficiency be considered a criteria for the 
definition of a zero emissions building?
    [cir] If the efficiency of an existing building should be 
considered, do you agree that requiring energy performance in the top 
25% of similar buildings is an appropriate measure of energy efficiency 
for this definition? (ENERGY STAR[supreg] score of 75 or above.) Should 
it be higher or lower?
    [ssquf] Are there other benchmarks or approaches that should be 
considered?
    [ssquf] For an existing building, is one year of measured energy 
performance an appropriate requirement for demonstrating efficiency or 
is another approach appropriate?
    [ssquf] Are the draft criteria appropriate for single-family homes? 
Are there other benchmarks that should be considered for single-family 
homes?
    [cir] For new construction, are the draft criteria appropriate? The 
modeled building performance is at least 10% lower than the energy use 
according to the latest version of IECC or ASHRAE 90.1 (e.g., model 
energy code) and the building is designed to achieve an ENERGY STAR 
score of at least 90 (for eligible buildings). Are there other 
benchmarks that should be considered?
    [ssquf] Are the draft criteria appropriate for single family homes? 
Are there other benchmarks that should be considered for single family 
homes?
    C. On-site emissions from energy use.
     Should there be an exemption allowed for emission 
producing emergency generation? Are any other exemptions needed?
     Should biofuels consumed on-site be allowed? If so, how?
    D. Clean energy generation and procurement.
     Are the clean energy criteria provided appropriate for 
this definition? Are there other clean energy criteria that should be 
considered? Should community solar qualify for this requirement? If so, 
how?
     Should there be a proximity requirement for off-site power 
used to meet the clean power criterion? If so, how should a proximity 
requirement be implemented (e.g., regional definition, phase-in, etc.)?
    E. Documentation is important for effective implementation.
     Should organizations leveraging the definition be able to 
determine whether buildings have to meet it annually, one time, or on a 
different frequency?
     If the definition is extended to single-family homes, what 
documentation should be required?
     Are licensed professional and third-party certification 
bodies the appropriate parties to independently verify the 
documentation that a building has met the definition? Beyond existing 
government resources such as EPA's ENERGY STAR Portfolio Manager, are 
there other methods to verify meeting the zero emissions building 
definition?
     What time frame should be used for greenhouse gas (GHG) 
calculations (i.e. hourly, monthly by year, annually)? Explain how this 
would be implemented effectively across the market.
     What other verification criteria are necessary to make 
this definition useful for the marketplace?
     Are there any issues regarding conflict or synergy with 
regional, state or local energy and climate programs that ought to be 
addressed?
    F. Use cases.
     Is it important for a national definition to cover all 
building types, including commercial, multifamily, and single-family?
     Are there any other recommendations that would help 
clarify and improve the definition?
     While Part 1 of the definition focuses on operating 
emissions, what other areas should be considered in future parts of the 
definition, such as embodied carbon, refrigerant, and grid 
interactivity?

Request for Information Response Guidelines

    Responses to this RFI must be submitted electronically at https://forms.office.com/g/Y0Ss3UFdL3. Only responses to this web form will be 
accepted.
    Respondents may answer as many or as few questions as they wish.
    EERE will not respond to individual submissions or publish publicly 
a compendium of responses. A response to this RFI will not be viewed as 
a binding commitment to develop or pursue the project or ideas 
discussed.
    Respondents are requested to provide the following information at 
the start of their response to this RFI:
     Company/institution name;
     Company/institution contact;
     Contact's address, phone number, and email address.
    Virtual Listening Sessions may be held additional information will 
be posted at: https://www.energy.gov/eere/buildings/national-definition-zero-emissions-building.

Signing Authority

    This document of the Department of Energy was signed on December 
28, 2023, by Jeffrey 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 
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 January 4, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-00203 Filed 1-8-24; 8:45 am]
BILLING CODE 6450-01-P