All you ever wanted to know about energy code determinations

What happens when a new energy code is released? What are the U.S. Department of Energy's (DOE's) responsibilities? What are the states' responsibilities? Find answers to these questions and more in this article.

Commercial process

With each new edition of ANSI/ASHRAE/IESNA Standard 90.1, DOE issues a determination about whether the new edition will improve energy efficiency in commercial buildings. The determination is based on analysis by the Building Energy Codes Program and is required by Section 304 of the Energy Conservation and Production Act (ECPA, Public Law 102-486), as modified by the Energy Policy Act of 1992 (EPAct 1992). DOE has one year to publish the determination after the newest edition of the code is approved. Determination results are published in the Federal Register.

If DOE finds that the newest version of Standard 90.1 is more energy efficient than the previous version, states are required by the Energy Policy Act to certify and demonstrate that their building energy codes meet the requirements of the new Standard within two years.

For example, DOE recently issued a determination that Standard 90.1-2004 is more energy efficient than Standard 90.1-1999. States have two years from the time DOE officially notifies them to certify and demonstrate that their energy codes are at least as stringent as 90.1-2004.

Once DOE issues a positive determination, DOE must provide technical assistance and incentive funding to states to:

• Review and update state energy codes
• Implement, enforce, and evaluate compliance with state energy codes
• Permit certification extensions if the state demonstrates good faith to comply and the state has made significant progress toward compliance

DOE must also send a letter to the governor of each state, notifying them of the determination and outlining the state's responsibilities. The letter also advises the governor of the availability for technical assistance and incentive funding from DOE, and provisions for time extensions if needed. Each state's energy offices and the responsible state code office receive letters with same information, but in more detail than the governor's letter.

Residential process

The residential process is similar to the commercial process in that the latest version of the International Energy Conservation Code^® (IECC) is analyzed against the previous version. Results are published in the Federal Register.

If the analysis shows that the revised code is more energy efficient than the earlier code, each state is required to certify that it has reviewed its residential building energy code regarding energy efficiency and made a decision as to whether it is appropriate for that state to revise its residential building code to meet or exceed the revised code.

DOE may provide technical assistance to states to improve and implement state residential building energy codes or to otherwise promote the design and construction of energy efficient residential buildings.

DOE may also provide incentive funding to states to implement stronger residential building energy codes. The amount of funding will be based on the actions proposed by the state to improve and implement residential energy codes and to promote energy efficiency through the use of energy codes.