DOE Proposes New Energy Efficiency and Sustainable Design Standards For Federal Buildings
Introduction
The green and sustainability landscape is constantly changing, and to prove it, the U.S. Department of Energy (DOE) recently proposed new energy efficiency and sustainable design standards for new federal buildings and federal buildings with major renovations. The newly proposed rule was published in the Federal Register on May 28, 2010.
The proposed rule is intended to implement provisions of the Energy Conservation and Production Act, as amended by the Energy Policy Act of 2005 and the Energy Independence and Security Act of 2007, which require DOE to establish revised performance standards for the construction of new federal buildings and major renovations of federal buildings. The proposed rule specifically addresses the use of sustainable design principles for siting, design, and construction, and the use of water conservation technologies and solar water heating. The proposed rule also provides criteria for identifying a certification system and level for rating green buildings.
The DOE notes in the proposed rule that it is required to review and revise energy efficiency requirements for federal buildings as the voluntary industry codes (such as ASHRAE Standard 90.1 and the International Code Council International Energy Conservation Code) are updated. DOE will address this and other energy efficiency standards in separate rulemakings.
The DOE has already addressed energy efficiency in new federal buildings in a final rule published on December 21, 2007 (72 Fed. Reg. 72565). That rule mandated that new federal buildings must be designed to achieve certain specified minimum energy consumption levels, if life-cycle cost-effective.
Scope of Proposed Rulemaking, Major Renovations, and Life-Cycle Costs
The newly proposed rule would apply to new federal buildings and major renovations to federal buildings, such as office buildings, post offices, courthouses, border inspection facilities, record centers, and similar facilities throughout the country. "Major renovations" are defined in the proposed rule as changes to a building that provide significant opportunities for substantial improvement in the sustainable design elements covered in this rule, including energy efficiency. DOE also included in the definition of "major renovation" the statement that any renovation that exceeds 25 percent of the replacement value of the building would be considered a major renovation.
The proposed rule would require 30 percent of hot water demand in new federal buildings or federal buildings undergoing major renovations to be met by solar water heaters, if life-cycle cost-effective. This would include all the water usage in the building, including hot water used for restrooms, janitorial closets, food handling facilities, and laundry facilities. Agencies would calculate the total hot water load for the building and then determine if it is life-cycle cost-effective to use solar hot water systems to meet 30 percent of the annual demand.
Federal Leadership in High Performance and Sustainable Building -- Guiding Principles
The proposed rule incorporates the requirements of the Guiding Principles originally adopted in the Federal Leadership in High Performance and Sustainable Building Memorandum of Understanding signed by most federal agencies. Those guiding principles are aimed at helping federal agencies and organizations to (1) reduce the total ownership cost of facilities; (2) improve energy efficiency and water conservation; (3) provide safe, healthy, and productive building environments; and (4) promote sustainable environmental stewardship.
Under Executive Order 13514, "Federal Leadership in Environmental, Energy and Economic Performance" (October 5, 2009), federal agencies are already required to ensure that new construction and major renovations of agency buildings comply with the Guiding Principles. The Guiding Principles do not address the issue of site selection. As a result, provisions related to site selection have been added to the proposal.
DOE states in the proposal that it is aware that several voluntary industry standards that would address sustainable design are currently under development, specifically:
- ASHRAE 189.1P -- Standard for the Design of High-Performance, Green Buildings Except Low-Rise Residential Buildings;
- The International Green Construction Code under development by the International Code Council (ICC) (click here for May 26, 2010 Whiteford, Taylor & Preston article on the International Green Construction Code); and
- The National Green Building Standard for residential buildings jointly developed by the National Association of Home Builders and the ICC.
DOE may consider incorporating some or all of the provisions of these voluntary industry standards to the extent that these standards are finalized prior to the issuance of a final rule under this rulemaking.
The major sustainable design elements of the proposed rule are as follows:
- Integrated design principles;
- Optimize energy performance;
- Protect and conserve water;
- Enhance indoor environmental quality;
- Reduce environmental impact of materials; and
- Building siting.
Green Building Certification Systems
DOE states in the proposed rule that it recognizes that there are various green building rating systems currently available and that additional systems may be developed. DOE observes that the General Services Administration (GSA) and the Department of Defense have identified the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) rating system as the preferred rating system and have identified LEED Silver as the minimum level to be achieved. GSA informed DOE in a letter dated April 25, 2008, that, in determining that LEED was the preferred rating system, it evaluated the following 5 rating systems:
- Building Research Establishment's Environmental Assessment Method (BREEAM);
- Comprehensive Assessment System for Building Environmental Efficiency (CASBEE);
- BGTool;
- Green Globes U.S.; and
- Leadership in Energy and Environmental Design.
As part of the green rating of federal buildings, DOE is considering the development of requirements to apply the continued certification of a building as a certified green building. The federal agency would be required to demonstrate, at a minimum, in the first year of a building's green building certification that the energy use of the certified green building is consistent with the energy use targets identified under the green building certification program.
DOE has proposed criteria for agencies to identify green rating systems in order to green rate a building. Under the proposed regulations, if an agency were to choose to green rate a building, the green rating system must perform as follows:
(1) Enable assessors and auditors to independently verify the criteria and measurement metrics of the system;
(2) Be developed by a certification organization that
- Provides an opportunity for public comment on the system; and
- Provides an opportunity for development and revision of the system through a consensus-based process; and
(3) Be nationally recognized within the building industry.
In addition, DOE is considering the requirement that green rating systems used by federal agencies have two additional characteristics:
(1) Are subject to periodic evaluation and assessment of the environmental and energy benefits that result under the rating system; and
(2) Include a verification system for post-occupancy assessment of the rated building to periodically demonstrate continued environmental benefits and energy savings.
The DOE wants to give the agencies the flexibility to choose the green building rating system that best fits their needs, as long as the system meets the criteria set forth in this rulemaking.
Public Comments on the Proposed Rule
Public comments on this proposed rule will be accepted until July 27, 2010. Instructions for submitting comments can be found in the Federal Register proposed rule. (Click on the link in the first paragraph for those instructions.)