[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