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Improving Building Energy Efficiency: Adoption, Enforcement, and Compliance with Energy Standards and Codes Minjoo Lee Bucknell University, 2012 ASHRAE August 4, 2011

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Improving Building Energy Efficiency: Adoption, Enforcement, and Compliance with

Energy Standards and Codes

Minjoo Lee

Bucknell University, 2012

ASHRAE

August 4, 2011

2

About WISE

Since 1980, Washington Internship for Students of Engineering, a nine week program in

Washington, D.C., has been providing college engineering students with a great opportunity to

learn about public policy issues that are related to technology and science. Each intern is

sponsored by a professional engineering society and writes a policy report related to their

corresponding society after independent research. Interns meet with influential figures in

Congress, committees, industries, and non-governmental organizations in an effort to write a

thorough policy report. As policy research associates, they get a chance to explore a different

path that engineering can take them.

About ASHRAE

The American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE),

was founded in 1894. It is an international organization of more than 52,000 members in more

than 128 countries. ASHRAE develops standards for ventilation systems, energy efficiency, air

quality, accidents on site, etc. Their research program was developed in 1912 and has been

involved in more than 800 projects that were worth a net cost of $60 million. Its headquarters is

in Atlanta, Georgia, and the office in Washington, D.C. is involved in helping members of

Congress and the Executive Branch understand the importance of standards, codes, energy

efficiency, climate change, and education in science and engineering.

About the Author

Minjoo Lee is from Clarkston, Michigan. She is a rising senior at Bucknell University in the

process of earning a Bachelor of Science degree in Mechanical Engineering with a minor in

Mathematics. She was a resident assistant for 2010-2011 and will continue for 2011-2012. She

has been on the Bucknell Women’s Varsity Golf Team since 2008 and will be co-captain for

2011-2012. In 2010 and 2011, she made the Big South All Academic Team and was the Scholar

Athlete of the Year. She was also the recipient of the Charles F. White Memorial Prize for

Scholar-Athletes in 2010. She is a member of ASHRAE and ASME. At Bucknell, she is a member

of the Student-Athlete Advisory Committee, the Athletics Diversity Issues Committee, Tau Beta

Pi, and serves as the class representative for the Society of Women Engineers.

3

Acknowledgments

I would like to thank Doug Read, Mark Ames, and Pat Ryan of ASHRAE for always lending out a

helping hand. Doug and Mark were great mentors who always made sure that I was staying on

the right track with my research and gave me great insight into policy making. Sandy Yeigh, our

Faculty Member in Residence of WISE, did a wonderful job introducing us to how public policy

and technology can merge, and what our roles as engineers are. Thank you to Leanne Tobias,

Dru Crawley, Cliff Majersik, Dave Karmol, Robin Snyder, Jeremy Sigmon, Bryan Howard, Joelle

Michaels, and Steve Ferguson for personally taking the time to meet with me during my

research. I want to thank my colleagues – friends – in WISE that made my summer in DC an

unforgettable one. And finally, I want to thank my parents, and Misook and Billy Dodds for

always supporting me and encouraging me to chase after my dreams.

4

Executive Summary

Energy consumption has increasingly outgrown its domestic production in the U.S. since the

1950’s, requiring more imports. Over the past year, the price of imported energy has increased

by 37%. The dependence on imported energy will grow if demand continues to outgrow supply.

If people want to continue having a comfortable standard of living, they should be more aware of

how they consume energy. There is a limited source of natural gas and coal, the primary sources

of energy for buildings. Yet, there is not enough emphasis on energy conservation and efficiency.

Energy efficiency should be the second necessary attribute of buildings, next to safety. Designing

energy efficient buildings can reduce environmental degradation, reduce utility bills, create

more jobs, and stimulate the economy – a much needed assistance in this current state of high

unemployment rates. Retrofitting just 40% of the building sector can create 625,000 new jobs.

Furthermore, if higher standards were required, the benchmark for the market would be raised.

Following standards and codes is the most cost-effective way to increase building energy

efficiency because it requires implementation of existing minimum benchmarks. There is a

strong linkage between adoption, enforcement, and compliance that makes each process equally

important. Unfortunately, there are barriers to each process. There is not enough urgency in

adoption of energy codes, not enough regulation on measuring compliance, inconsistent

structure of training for code officials, misconception that all energy efficient buildings demand

high upfront costs, a lack of awareness and interest of the public, and a lack of cooperation from

building owners themselves.

Standards are voluntary until state or local jurisdictions take action to adopt them into codes

and enforce them. The American Society of Heating, Refrigerating, and Air-Conditioning

Engineers (ASHRAE) sets standards that state and local jurisdictions are advised to use. The

International Code Council (ICC) writes codes that are intended for the sole purpose of being

adopted into law. However, these standards are not always properly adopted and enforced. It is

up to the jurisdictions to realize the importance of abiding by them.

In this report, seven recommendations are proposed to promote and encourage the usage of

standards and codes to increase building energy efficiency: targeting commercial buildings, up-

to-date data collection, standards focused on simpler methods, national building code, energy

disclosure laws, revising Property Assessed Clean Energy (PACE) programs, and consistent

structure of training for code officials.

5

Table of Contents

About WISE .................................................................................................................................... 2

About ASHRAE ............................................................................................................................... 2

About the Author ............................................................................................................................ 2

Acknowledgments ........................................................................................................................... 3

Executive Summary ........................................................................................................................ 4

Table of Figures .............................................................................................................................. 6

Abbreviations ...................................................................................................................................7

Introduction to Energy Efficient Buildings .................................................................................... 8

Why is energy efficiency important? Why standards and codes? ..............................................10

Background Information ............................................................................................................... 13

Lack of Interest in Buildings and Awareness of Standards ....................................................... 13

Voluntary Standards and Code Development Process .............................................................. 14

Past Policies ................................................................................................................................ 16

Proponents of Energy Efficiency ................................................................................................ 19

Key Conflicts and Concerns ........................................................................................................... 21

Out-of-Date Energy Data ........................................................................................................... 21

Inconsistent Training for Code Officials .................................................................................... 21

Building Rating Systems ........................................................................................................... 22

Initial Cost ................................................................................................................................. 25

No Statewide Energy Policy & Misinformed Legislators .......................................................... 27

Possible Solutions ......................................................................................................................... 30

Energy Disclosure Laws ............................................................................................................ 30

Reauthorization of PACE .......................................................................................................... 33

Structure of Training for Code Officials .................................................................................... 36

More Regulatory Authority ....................................................................................................... 37

Educational Outreach ............................................................................................................... 38

Recommendations ........................................................................................................................ 39

Bibliography .................................................................................................................................. 47

6

Table of Figures

Figure 1: Jobs created for new construction projects and renovations .......................................... 8

Figure 2: Benefits of raising energy efficiency of buildings ........................................................... 11

Figure 3: Barriers in adoption, enforcement, and compliance with energy codes ........................ 12

Figure 4: Requirements that states must meet in order to receive ARRA funds .......................... 18

Figure 5: Moderately high-performance buildings vs. Conventional buildings ........................... 26

Figure 6: Nationwide map of status of codes................................................................................ 28

Figure 7: Issues that ASTM had to address when developing BEPA ............................................. 31

Figure 8: Reasons why FHFA did not support PACE ................................................................... 34

Figure 9: Outline of policy recommendations in this report for implementing energy standards

and codes to raise energy efficiency .............................................................................................. 40

Figure 10: Sales of environmentally certified vs. non-certified homes ........................................ 45

Figure 11: Recommended structure of training for code officials................................................. 46

7

Abbreviations

AIA: American Institute of Architects

ARRA: American Recovery and Reinvestment Act

ASHRAE: American Society of Heating, Refrigerating, and Air-Conditioning Engineers

ASTM: American Society for Testing and Materials

BBI: Better Building Initiative

BCAP: Building Code Assistance Program

BEPA: Building Energy Performance Assessment

CABO: Council of American Building Officials

CBECS: Commercial Building Energy Consumption Survey

CBI: Commercial Building Initiative

DOE: Department of Energy

EERE: Energy Efficiency and Renewable Energy

EIA: Energy Information Administration

EU: European Union

FHFA: Federal Housing Finance Agency

GBCI: Green Building Certification Institute

GBI: Green Building Initiative

HVAC: Heating, Ventilation, and Air-Conditioning

ICC: International Code Council

IECC: International Energy Conservation Code

IGCC: International Green Construction Code

IMT: Institute for Market Transformation

LEED: Leadership in Energy and Environmental Design

LTV: Loan-to-Value

NECPA: National Energy Conservation Policy Act

PACE: Property Assessed Clean Energy

PSC: Public Service Commission

RECA: Responsible Energy Codes Alliance

SPLS: Standards Project Liaison Subcommittee

USGBC: United States Green Building Council

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Introduction to Energy Efficient Buildings

President Obama announced the Better Building Initiative (BBI) earlier this year to

address the national need to improve the energy efficiency of commercial buildings by 20% by

2020. The BBI will create more than 114,000 jobs with better tax incentives and competitive

grants. Why did he choose to focus on the building sector? Commercial buildings utilize 68% of

the nation’s electricity, 39% of total energy consumption, and 12% of water usage. Furthermore,

38% of carbon dioxide emissions are from buildings.1 Thus, designing efficient buildings lessens

environmental damage in addition to reducing utility bills, creating more jobs, and stimulating

the economy – a much needed assistance in the current state of high unemployment rates.2 Over

the past four months alone, the number of unemployed Americans increased by 545,000 – over

half a million people lost their jobs. About 20% of those people can be reemployed with the

initiation of programs like the BBI. Retrofitting just 40% of the building sector can create

625,000 new jobs.3 Figure 1 displays the number of jobs that are created in the building sector

for every $1 billion spent.

1 “Why Build Green?|Green Building |US EPA.” US Environmental Protection Agency. Web. 19 July. 2011 <http://www.epa.gov/greenbuilding/pubs/whybuild.htm>. 2 According to the Bureau of National Statistics of US Department of Labor, the number of construction jobs have shown little to no change since early 2010. For more information, see http://www.bls.gov/news.release/pdf/empsit.pdf 3 Cliff Majersik of IMT spoke about the positive impact energy efficient buildings can have on the nation’s economy at the High-Performance Building Congressional Caucus Coalition luncheon briefing in May 2011. For the rest of the slides, see www.hpbccc.org/hpbweek/HPBCCC_Briefing_Invite_May_24_2011.pdf

Figure 1: Jobs created for new construction projects and renovations

9

There is a limited source of natural gas and coal, the primary sources of energy for

buildings. Energy conservation should be a major concern if people want to continue living as

comfortably as they are accustomed: watching TV, using computers, charging cell phones,

taking showers, doing laundry, cooking, etc. Thus, energy efficiency should be the second

consideration of building construction and maintenance, next to safety. Otherwise, much of the

consumed energy will be wasted and accelerate the unnecessary depletion of fossil fuel. To give

an idea of how much energy production will increase in the future, data from 1996 to 2006 can

be observed. Dry natural gas was the third primary source of energy in the world in 2006,

increasing in production from 81.1 trillion cubic feet in 1996 to 104.0 trillion cubic feet in 2006.4

Higher efficiency would lead to less fuel consumption, decreasing dependence on fossil fuel, and

maximizing building performance.

So what can be done to construct high performance buildings with higher energy

efficiency? Industries and organizations have been researching ways to address this issue. While

it is important to continue to focus on innovating new technologies and expanding research and

development, the most cost-effective solution would be the adoption, enforcement, and

compliance of existing energy standards. This approach cannot be stressed enough. Building

codes address not only safety and proper designs for construction and renovations but can also

set standards for energy efficiency. Raising the code compliance would save Americans billions

of dollars every year in energy expenditures. Standards are voluntary until state or local

jurisdictions take action to adopt them into codes and enforce them. If higher standards were

required, the benchmark for the market would be raised. There would be a healthy competition

between industries to make buildings more efficient. As each contractor tries to surpass the

other, the average energy efficiency of buildings will most likely rise. Furthermore, such high

4 “International Energy Annual 2006.” US Energy Information Administration. Web. 19 July. 2011 <http://www.eia.gov/iea/overview.html>.

10

energy standards would increase the likelihood of buildings performing as originally intended.

This in turn would increase the satisfaction of the client.5

As local jurisdictions adopt more standards that involve energy efficiency, more detailed

inspections would have to focus on energy savings. In addition, the collaboration of code

officials with different expertise would expand as more knowledge of lighting, insulation, HVAC,

plumbing, etc. would be needed. The American Society of Heating, Refrigerating, and Air-

Conditioning Engineers (ASHRAE), sets standards that state and local jurisdictions are advised

to use. These standards are called model codes by the federal government. However, these

standards are not always properly adopted and enforced. Some jurisdictions do not have the

proper resources, such as training for code officials, to increase the level of compliance.

Standards are voluntary so it is up to the jurisdictions to realize the importance of abiding by

them. If buildings met the existing standards, the annual energy savings would increase

significantly. Taking action to fully commit to adopting codes and complying could result in

energy savings as high as $10.2 billion for American consumers every year as well as reducing

CO2 emissions by 30 million tons.6 If jurisdictions realized the importance of adopting these

standards, it would make a significant difference in the building sector. However,

inattentiveness continues and there is still a lack of compliance.

Why is energy efficiency important? Why standards and codes?

The current economic state of the country has taken a toll on everyone. The price of

energy is still relatively low compared to those of other countries. Energy bills have not quite

reached the price that would otherwise compel average Americans to be more concerned with

their level of energy consumption, thus lowering the issue in terms of perceived urgency and

importance. For instance, American drivers will be more conscious of investing in fuel-efficient

5 Tobias, Leanne. Personal Interview by Minjoo Lee. 14 June 2011. 6 "Policy Maker Fact Sheet |Building Energy Code Compliance: A Low-Cost Tool to Boost Jobs, Cut Pollution, and Advance Energy Independence; Every Dollar Spent Yields $6 in Energy Savings."Building Energy Code Compliance. Institute for Market Transformation, Oct 2010. Web. 19 Jul 2011. <http://www.imt.org/codecompliance.html>.

11

Reduce emissions and have less harmful impact on the environment

Help air quality control and provide a better working environment for employees

Raise the value of property

Create more jobs

Increase energy savings

or hybrid cars only when the price of gas exceeds $4 per gallon, which was noticeable in 2008

when the average price did reach $4.7 Hence, the expectation of people to change their lifestyles

is low until there is a dramatic rise in utility bills. For this reason, it is difficult today to persuade

building owners to strive for higher energy efficiency and make them see the benefits of energy

savings. However, this makes it even more important to continue to raise awareness.

Following standards and codes is one of the cheapest ways to increase building energy

efficiency because it requires implementation of existing minimum benchmarks. Figure 2 shows

that raising efficiency can:

The current problem is that the standards developed by qualified professionals and public

commentaries are pushed aside by state and local governments from adoption or the codes are

powerless because the follow-up process after adoption is executed poorly and without strong

regulation. Persuading states to adopt building energy codes is not as big of a barrier as

7 Sternal, John. "LeaseTrader.com Says Consumer Behavior May Not Change Until $4 per Gallon."Reuters (2011): n. pag. Web. 24 Jul 2011. <http://www.reuters.com/article/2011/03/01/idUS255255+01-Mar-2011+MW20110301>.

Figure 2: Benefits of raising energy efficiency of buildings

12

enforcing the codes and measuring the level of compliance. However, this should not give the

false impression that adoption, enforcement, and compliance do not possess an equal degree of

importance or urgency. One does not have precedence over the other. There are barriers to every

stage as shown in Figure 3:

Figure 3: Barriers in adoption, enforcement, and compliance with energy codes

There is a strong linkage between adoption, enforcement, and compliance that makes

each process equally important. More creative approaches should be taken by federal, state, and

local governments to make sure that the adopted codes are being followed as intended. The

states must be more aware about the need to raise energy efficiency of buildings by legally

adopting standards to be codes and take serious action to confirm that people are complying.

The efforts to adopt and enforce these standards will be a waste if there is no teamwork or

commitment from all the players of the building industry and the government. Each stakeholder

has a different part and need to contribute in order to come to an agreement of what is best for

the country as a whole.

Adoption

•Not enough state and local jurisdictions are aware of how cost-effective energy codes can be

•Energy efficiency of buildings usually does not take precedence over other issues

Enforcement

•Variations in training code officials between jurisdictions

•Difficult to regulate how closely the building owners are following standards and codes

Compliance

•Tendency to think energy efficient buildings will always require more money upfront

•Lack of interest and awareness among the general public

•Lack of incentives for building owners to retrofit

13

Background Information

Lack of Interest in Buildings and Awareness of Standards

Technology has grown tremendously over the past few decades, and people have become

accustomed to expecting everything they use to be efficient. For instance, cars receive a great

deal of attention, and the automobile industry has expanded research and development for more

speed, less fuel, and less emissions. The media does a good job of advertising the newest car or

the greenest car, however, there is not enough of a spotlight on buildings. People spend 90% of

their time inside buildings,8 not cars. While it is true that interest in building efficiency has

grown over the past few years, it is still not as well advertised or promoted to the public. For

instance, when “green cars” are searched on Lexis Nexis – an information provider of legal

documents, news, and business sources – it has about 70% more results than “green buildings.”

Architects and engineers pay close attention to energy efficiency of buildings than

consumers, partially due to lack of general public education and awareness. If more standards

are adopted into codes, and information on energy efficiency is disclosed to consumers, there

will be more assurance for consumers or investors, who will have the comfort of knowing that

the building will perform to its full potential while saving money. An additional benefit to

complying with standards is the reduction of greenhouse gas emissions. In fact, the

International Code Council (ICC) proposed the International Green Construction Code (IGCC),

which addresses the issue of harmful impacts of buildings on the environment. IGCC specifically

targets the need for protecting the environment but following other energy standards can also

assist.

8 Environmental Protection Agency. Buildings and their Impact on the Environment: A Statistical Summary. , 2009. Web. 24 Jul 2011. <http://www.epa.gov/greenbuilding/pubs/gbstats.pdf>.

14

Voluntary Standards and Code Development Process

ASHRAE’s Board of Directors is responsible for selecting from volunteering ASHRAE

members to be part of the Standards Committee to collaborate, to propose, and to revise

standards. They are then approved by the Standards Project Liaison Subcommittee (SPLS). The

Standards Committee must be diverse in the members’ knowledge and expertise in the relevant

standards. It is important that the standards are revised in order to be parallel with the

constantly changing technology. Following up-to-date standards would increase the likelihood

of energy efficiency. Once new standards are proposed or modifications are made to previous

proposals, it is reviewed by the public for feedback and comments. This collaboration assures

objectivity as any person or group can participate in the process. The Standards Committee

settles on the final version after considering and taking the public’s comments into account. The

final draft is then reviewed by the ASHRAE Board for approval to be official.9

ASHRAE 90.1 is a well known standard that is intended for new constructions, additions,

and alterations of all commercial buildings, excluding low-rise residential buildings.10 It is used

as a model code by many jurisdictions and is revised every three years. It sets minimum

requirements for lighting, HVAC, insulation, fenestration, equipments, and more. The standard

is written in a broad way that can be applied to a wide range of buildings, which makes

compliance easier, regardless of the climate or site conditions.11

ASHRAE 189.1 is a standard that incorporates energy efficiency but its main goal is to

address the construction and alterations of green buildings. Like 90.1, it was developed for all

buildings except low-rise residential buildings. It is written in code language so that it can be

easily adopted by jurisdictions as their building energy policy. ASHRAE 189.1 covers a range of

9 "How to Join Project Committees." ASHRAE. ASHRAE, n.d. Web. 21 Jul 2011. <http://www.ashrae.org/technology/page/1952>. 10 Low-rise building is a building with three stories or less. Commercial buildings include all building types except residential, manufacturing, industrial, and agricultural. 11 Charles Eley Associates and United States. Dept. of Energy. 90.1 user's manual: ANSI/ASHRAE/IESNA standard 90.1-2004. 90. American Society of Heating, Refrigerating and Air-Conditioning Engineers, 2004, Print.

15

topics: water use efficiency, materials, site sustainability, indoor environmental quality, and

effect on the environment. The standard has mandatory provisions and prescriptive options. It

encourages careful selection of sites and utilizing existing building envelope, better insulation,

sensor controlled lighting systems, use of Energy Star equipment, installation of solar power and

other renewable energy power systems, and more. Standard 189.1 is not a design guide but it is a

model code. If a builder were to use Standard 189.1 for construction or retrofitting, the building

would perform at about the same efficiency as it would have with Standard 90.1 with an

additional 30%.12

There are a few differences between what ASHRAE does and what the ICC does.

ASHRAE writes standards while the ICC develops codes.13 It is a different developmental

process for the ICC because their process is not based on consensus. The final decision is

dependent on members of the ICC that are governmental members, who are people with legal

authority to adopt or enforce codes. All comments and proposals are brought up in public

hearings. These ideas are discussed by the ICC and put back into the Final Action Hearing to

observe the differences in comments and the changes. ASHRAE, on the other hand, takes all

commentaries into consideration, including the private sector. Input from the private sector

raises the possibility of limiting what standards can be developed because they have financial

interests.14 At the same time, it is a good opportunity to hear from the stakeholders that are

involved in the private sector because they are members of the building community that will

have to comply. The ICC published its IGCC and has made ASHRAE 189.1 a compliance option

for jurisdictions that wish to adopt the IGCC. The International Energy Conservation Code

(IECC) was published in 1998 by the ICC and it is intended for both residential and commercial

buildings. In 1992, the federal government released the Energy Policy Act, which required states

12 Majersik, Cliff. "What is ASHRAE/USGBC/IESNA. Standard 189.1P? The Framework and Elements." IMT, May 2009. Web. 21 Jul 2011. <http://www.imt.org/files/FileUpload/files/Codes/ASHRAEoneeightyninepointone.pdf>. 13 Standards are voluntary benchmarks that serve multiple purposes when written; adoption is one of the purposes. Codes are developed with one intention – to be adopted into law. 14 Karmol, Dave. Personal Interview by Minjoo Lee. 14 July 2011.

16

to consider adopting a national model code. New codes were developed in response to the act,

including the publication of the IECC. These codes are model codes that jurisdictions can follow

on a minimum basis.15 Since the first version, the IECC was modified in 2001, 2004, 2007, and

2009.

Past Policies

A general overview of past policies on energy codes is important to consider. Studying

what approaches have already been taken can help develop changes that should be made in the

future for further improvements. Gustave Flaubert, a 19th century French novelist, once said,

“Our ignorance of history causes us to slander our own time.”

In 1978, the National Energy Conservation Policy Act (NECPA) was passed in response

to the energy crisis of the 1970’s.16 In order to reduce the consumption of energy and conserve

non-renewable energy, the act addressed all areas that were the cause of the high demand for

energy, including the building sector. It replaced the Energy Policy Conservation Act of 1975 and

made multiple amends of other acts that included the Energy Conservation in Existing Buildings

Act of 1976, Housing Act of 1949, the Government National Mortgage Association, and the

National Housing Act. The Act appropriated $5 million dollars for the Utility Program every

year from 1979 to 1981. To popularize the idea of saving energy, it allowed loans to be provided

to homeowners if they chose to incorporate solar panels and other methods of energy

conservation.17 The National Energy Conservation Policy Act is an important understructure for

many of the energy requirements today, and set a good precedent for offering incentives for

efforts to increase energy efficiency.

15 "Code Development." Online Code Environment and Advocacy Network. Building Codes Assistance Project, n.d. Web. 21 Jul 2011. <http://bcap-ocean.org/research-topic/code-development#>. 16 Sigmon, Jeremy. "Greening the Codes." USGBC Updates White Paper and Introduces a New Policy Brief. USGBC, June 2010. Web. 21 Jul 2011. <http://www.usgbc.org/ShowFile.aspx?DocumentID=7403>. 17 United States. National Energy Conservation Policy Act. , 1978. Web. 21 Jul 2011. <http://www1.eere.energy.gov/femp/regulations/necpa.html>.

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Congress passed the Energy Policy Act of 1992 in order to increase overall energy

efficiency across the country, including the building sector, and to raise awareness of alternative

or renewable energy sources. There are twenty-seven titles in the act that address the issue of

reducing the amount of imported energy, emphasizing the need to conserve energy in buildings,

and authorizing incentives to increase the use of renewable energy. States had to develop their

own codes that established minimum energy guidelines or adopt model codes such as ASHRAE

90.1. Within two years after the act was passed, every state was required to notify the Secretary

of Energy that it verified its current policies on residential building codes and that they were

already energy efficient or they were modified to meet or surpass the Council of American

Building Officials (CABO) Model Energy Code, 1992. For commercial buildings, the states’ code

had to meet or surpass ASHRAE 90.1 standards. The Secretary was given the authority to assist

states by offering incentive funding in order for states to develop and enforce appropriate energy

efficiency codes.

The act required all Federal buildings to establish Federal building energy standards

within two years of passing the act by consulting pertinent agencies, such as CABO and ASHRAE.

These standards had to be realistically achievable for modern technology as well as be

economical. As it was previously stated for states, residential buildings had to refer to CABO

Model Energy Code 1992 and commercial buildings had to refer to ASHRAE 90.1-1989. These

standards had to be effective within a year of the release of the standards.

Aside from the previous mandatory rules, the Secretary was also given permission to

support the progress of voluntary building energy codes. The Secretary could advocate the

upgrading of codes by assisting the research for better energy efficiency, including collecting

data and developing new technology relevant to the set standards. To ensure compliance, the

Secretary was required to give annual reports to the Congress regarding state-by-state activities,

recommendations for voluntary codes, and advice for Congress to support further opportunities

to make progress in building energy efficiency.

18

Adopt a building energy code for residential buildings that meets or exceeds the 2009 IECC

Adopt a building energy code for commercial buildings and high-rise residential that meets or exceeds ASHRAE 90.1-2007

Develop and implement a plan to achieve 90% compliance by 2017

The Energy Policy Act of 2005 made amends to the NECPA and updated previous energy

standard requirements, along with measuring and reducing energy.18 It essentially revised the

Energy Policy Act of 1992 so that it would match the rising demand for energy and correspond

to the need for better energy efficiency. It addressed how energy consumption should be

metered and reported, establishing building energy code compliance programs, how much

renewable energy should be utilized, the financial support that could be given to state and local

governments that wanted to implement efficient technologies or renewable energy,

requirements for Federal buildings to follow ASHRAE standards, and other topics regarding

energy efficiency.

The American Recovery and Reinvestment Act of 2009 (ARRA) was signed by President

Obama primarily to help the country recover from the economic downturn and create jobs. $3.1

billion were designated to the State Energy Program (SEP). If the state agreed to receive the

funds, it had to agree to the following conditions as presented in Figure 419:

The state or local governments that have the power to adopt the codes should adopt

ASHRAE 90.1 – 2007 or adopt standards of their own to meet or exceed the same energy

18 Energy Policy Act of 2005 - Summary by Senate Committee on Energy and Natural Resources. , 2005. Web. 20 Jul 2011. <http://doi.net/iepa/BillSummary.pdf>. 19 The National Association of State Energy Officials (NASEO) and BCAP wrote “Building Energy Codes 101: Statewide Benefits to Adoption & Compliance” that summarized these requirements from ARRA.

Figure 4: Requirements that states must meet in order to receive ARRA funds

19

savings, expand energy efficiency programs, funnel funds to regulatory authorities to check for

compliance of codes, and distribute appropriate financial assistance to projects that would help

with energy efficiency.

Proponents of Energy Efficiency

There are programs, organizations, and agencies that promote higher energy efficiency of

buildings including non-profit organizations and government agencies. The Building Code

Assistance Program (BCAP) is part of the Alliance to Save Energy, which is made of about eighty

different organizations that are all built on the common ground of the importance of energy

efficiency. It was started in the U.S. in 1977 to lean towards greater energy efficiency – beyond

just buildings – and to refrain from using more energy than necessary. They consist of

professionals and experts from all over the world in all sectors that research, educate, and

politically collaborate to achieve better energy efficiency and protect the environment.20 The

main goal of BCAP is to convince state and local governments to adopt and enforce building

codes, and help them comply. It educates the public about the fundamentals of codes that are

not being met and the consequences of not meeting them.

The Alliance to Save Energy also administers the Responsible Energy Codes Alliance

(RECA), which is an association of professionals of energy efficiency that encourages state and

local governments to adopt the IECC or make little changes to it. RECA members believe that

the nation should be more consistent and adopt a single code to make it easier for all players

involved.

The Institute for Market Transformation (IMT) is a non-profit organization that has

been dedicated to promoting energy efficient and sustainable buildings since 1996. IMT has

helped write codes and plays a consulting role for state and local governments by helping them

strategize effective policies for adoption and enforcement of codes. They often conduct

20 "Our Mission." Alliance to Save Energy. The Alliance to Save Energy, 2011. Web. 21 Jul 2011. <http://ase.org/about-us/our-mission-statement>.

20

educational outreaches by holding presentations and events that raises awareness of energy

efficiency of buildings.21 They believe that following codes helps raise energy efficiency and

stimulate the economy overall by creating more jobs and increasing property values. They help

drive policymakers to push for adoption of codes and help them through the process.

The United States Green Building Council (USGBC) is a non-profit organization that was

developed in 1993. It was started to advocate better building design in terms of sustainability

and created a building rating system called Leadership in Energy and Environmental Design

(LEED) in 2000. The Green Building Initiative (GBI) is a non-profit organization that is

dedicated to promoting better and cost-effective building practices that will increase the energy

efficiency of buildings and reduce negative environmental impact, a very similar mission to that

of the USGBC. It also provides a building rating system, Green Globes, and can give

certifications like LEED. These organizations do not develop standards and codes but they are

building codes advocates.

The DOE has an office of Energy Efficiency and Renewable Energy (EERE) that does

research on all things essentially related to energy. The EERE has numerous programs that

focus on solar, geothermal, wind, biomass, etc. along with building technologies. It launched the

Commercial Building Initiative (CBI) in 2008 that was intended to reduce energy use of new

and existing commercial buildings. The CBI is primarily focused on researching cost-effective

technologies to retrofit existing buildings and their target for the future is to help construct

buildings that will be 50%-70% better in comparison to those that follow ASHRAE 90.1-2004.

The CBI also promotes educating consumers about energy efficiency, collaborates with

organizations that develop standards and codes, and generates ideas on how to incentivize

builders and building owners to support energy efficient buildings.22

21 "About IMT." IMT. Institute for Market Transformation, n.d. Web. 21 Jul 2011. <http://www.imt.org/about.html>. 22 "Commercial Building Initiative." About the Initiative. US Department of Energy |Energy Efficiency and Renewable Energy, n.d. Web. 21 Jul 2011. <http://www1.eere.energy.gov/buildings/commercial_initiative/about.html>.

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Key Conflicts and Concerns

Out-of-Date Energy Data

The Commercial Building Energy Consumption Survey (CBECS) is conducted by the

Energy Information Administration (EIA) of the Department of Energy (DOE). The EIA is an

independent agency whose primary goal is to collect statistical data about energy. CBECS has

been conducted since 1979. The current issue with CBECS is that agencies are using their data

from 2003 because CBECS 2007 was determined to be invalid due to sampling problems and

CBECS 2011 was suspended due to insufficient funding. The EIA hired a new contractor in 2007

that was using an experimental sampling method that was intended to lower the cost of the

survey but after finding numerous errors, the EIA rehired their previous contractor. ASHRAE

and members of the building community are collaborating to raise funds and convince the

Congress the importance of the survey for the building industry. A version that was created

almost a decade ago that is used as a reference for current technology is very ineffective and

hinders the progress of improving energy efficiency. Energy Star, ASHRAE, and other

organizations use CBECS in order to get a grasp on what the minimum benchmark should be for

energy efficiency.

Inconsistent Training for Code Officials

Today, the code officials generally inspect the buildings for safety purposes so it is

possible that their inspections are not carried out adequately – or properly. The code official is

expected to check for safety as well as the overall building performance. There are different code

officials to specialize in different fields, such as fire safety, but it is not always so. Their main

concern is usually focused around the issue of safety, thus increasing the likelihood of

overlooking energy related components of the building.23 For small jurisdictions or states with

smaller populations, there is a shortage of code officials. When there are not enough code

23 Crawley, Dru. Personal Interview by Minjoo Lee. 17 June 2011.

22

officials in the area, the process of inspecting buildings on site can get a lot more difficult and

not as productive. Codes can be quite difficult to interpret and the handbooks that the code

officials use are very lengthy and extensive.24 It is not realistic to rely on just one or two code

officials to understand every code and apply it correctly.

Code officials do not work out of the state office but typically work for the local

jurisdiction with authority or a third party agency. Some jurisdictions have the resources and

can afford to train their code officials thoroughly, while others do not. There are variations in

training between jurisdictions. Georgia’s state policy essentially adopts ASHRAE 90.1 and IECC,

and does a good job with enforcement and compliance. However, when looking at the number of

their code officials and the training that they have had, only 14% have professional credentials

with annual training, 20% receive on-site job training, and 18% have no technical backgrounds

with limited training.25

It is difficult to observe how code officials are trained because it widely varies across the

nation, which makes it difficult to identify problems within the training. While the reason

behind the differences in training is logical due to different standards and codes between

jurisdictions, the variations can hinder finding the best methods to train code officials. Different

training structures prevent consistency in enforcement and compliance.

Building Rating Systems

Some building rating systems have misled people to believe that they serve the same

purpose as standards and codes. LEED is a rating system that was intended to get the building

industry to be more involved in bettering the environment by lowering emissions, using

renewable energy, increasing daylight, and utilizing recyclable or sustainable materials because

buildings have a significant impact on the environment. Its overall intention is ethically sound;

however, it is structured in a way that it is criticized for digressing from lowering energy

24 Sigmon, Jeremy. Personal Interview by Minjoo Lee. 29 June 2011. 25 Ferguson, Steve. Telephone Interview by Minjoo Lee. 08 July 2011.

23

consumption. An uninformed person may be falsely misled to believe that a LEED credited

building will consume less energy and is green. For example, a roof that uses solar panels may

need to consume an excessive amount of water to avoid high temperatures. So while the

building may be green in terms of using less electricity, it would be consuming much more water

than it otherwise would require. Some say that the second letter of the acronym LEED, energy,

is not emphasized enough.

The USGBC hired a third party, Green Building Certification Institute (GBCI), for the

review process. GBCI’s main responsibility is to review the buildings and verify that they meet

the standards set by LEED in order to give them the certification.26 A major flaw in this

verification process is that there are no on-site reviewers for the commercial sector. GBCI takes

photographs and makes assessments from documentations, rather than physically sending out

reviewers to inspect.27 This off-site verification can create room for error in the certification of

the building.

The GBI consists of a board of fifteen directors with diverse backgrounds ranging from

construction companies, academic institutions, non-governmental organizations, and building

industries. Each director is a representative of the group they belong to and they are each

entitled to one vote in order to have a fair system of checks-and-balances. The GBI provides a

rating service, called the Green Globes, which was started towards the end of 2004. Green

Globes gives guidance to builders that include optional certifications. Like LEED, the rating is

based on a point system that addresses energy, indoor environment, water, emissions, site, and

resources. If more than 35% of the point system is achieved, the construction company and the

building owners are qualified to pursue a Green Globes certification. A third party assessor is

26 "About GBCI." GBCI. Green Building Certification Institute, n.d. Web. 21 Jul 2011. <http://www.gbci.org/org-nav/about-gbci/about-gbci.aspx>. 27 Sigmon, Jeremy. Personal Interview by Minjoo Lee. 29 June 2011.

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hired to do an extensive review that includes documentation reviews and on-site assessments, a

slightly different process than that of the USGBC’s LEED.28

It is possible that some people can be confused about what the difference is between a

LEED or Green Globe certification and adoption of codes. Why would a state need to require all

buildings to follow codes if there are those who take the initiative to go above and beyond in

order to be certified by a rating system? Why should they expect everybody to be on board by

legally adopting them into laws? They must understand, however, that those certifications are

given by rating programs and they do not necessarily follow ICC or ASHRAE standards. The

common problem with rating systems is that when builders receive credits for incorporating

certain innovative designs for better sustainability, it does not necessarily mean that the

building emits fewer gases or performs at higher efficiency. They can pick and choose from a list

and claim they have a green building when in actuality, they may have missed other major

building components that need to be altered to reduce energy consumption.

Building rating systems can undermine the importance of standards and put them on the

sideline when it doesn’t have the same credibility as standards. They have created a bit of

confusion in the market and some states have actually used rating systems as a code, which is

not what they were intended to be. Connecticut Public Act 07-242 was adopted in 2007 and

required public and private buildings to meet LEED Silver standards if the cost of construction

exceeds $5 million.29 The USGBC is making an effort to clear up this misinterpretation. LEED

and Green Globes can also give a wrong impression to the public that the process of constructing

or retrofitting a building to be high performance is expensive, when that is not the case at all.

Following standards is not equivalent to unaffordable upfront costs.

28 "About the GBI." Green Building Initiative. GBI, n.d. Web. 21 Jul 2011. <http://www.thegbi.org/about-gbi/>. 29 "Level IV Policy Action - Innovative Legislation." Online Code Environment and Advocacy Network. BCAP, n.d. Web. 21 Jul 2011. <http://bcap-ocean.org/policy-action-tool/Level-IV>.

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Initial Cost

Some building owners do not support code adoption or compliance because they do not

see the direct connection between their choice to retrofit and the potential personal benefits, as

it is not their responsibility to pay the utility bills. The incentive is limited. And those that do pay

the utility bills most likely do not have an extensive knowledge on what makes a building energy

efficient, whether it is increasing daylight or having cost-effective insulation. Energy efficient

standards would decrease the amount of faulty equipment that is manufactured, thereby

increasing the chance of purchasing equipment of good quality to install in buildings.30

There is also a misconception that energy efficient buildings lead to costly projects that

endorse the newest technology. On the contrary, there are low-tech methods and equipment

that can be effective when retrofitting a building. In many countries, the initial cost of

constructing high-performance buildings has actually been lower than constructing

conventional buildings. Those buildings that do cost more due to incorporating more efficient

equipment and methods end up being paid off in only a few years.

A study was done in Vancouver, Canada that compared the cost and energy consumption

of conventional and moderately high-performance buildings. The conventional buildings

utilized double glazed windows that were filled with air in between with conventional heating

and cooling systems while the moderately high-performance buildings used triple glazed

windows that were filled with argon (alternative gases with heavier molecular weight create less

motion between the layers and increases thermal resistance) and radiant-slab heating and

cooling systems. The moderately high-performance building was 9% less expensive to construct

30 Loper, Joe, Lowell Ungar, David Weitz, and Harry Misuriello. Alliance to Save Energy. Building on Success: Policies to Reduce Energy Waste in Buildings. , 2005. Web. 24 Jul 2011. <http://www.cee1.org/eval/db_pdf/964.pdf>.

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Moderately High-Performance Conventional

and consumed less energy compared to the conventional building.31 Figure 5 shows the average

construction cost and energy consumption of both buildings.

Funds would need to be raised to promote awareness and heighten compliance but it

should be noted that every dollar spent in the effort would result in six dollars in energy

savings.32 Enforcing energy codes is effective, affordable, and a necessary step. This method

would mainly demand professionals to follow regulations that already exist. Policies must be

proposed to emphasize that standards are constructed to be followed and are highly

recommended. These policies can include financial incentives, such as tax deduction and utility

rebates, for agreeing to make standards mandatory or for voluntarily meeting them. The initial

cost may seem high but it would be paid off, and jobs would be created in the process.

31 Harvey, L.D. Danny. Energy & the New Reality 1: Energy Efficiency & the Demand for Energy Services. 1. London: Earthscan, 2010. Print. 32 "Policy Maker Fact Sheet |Building Energy Code Compliance: A Low-Cost Tool to Boost Jobs, Cut Pollution, and Advance Energy Independence; Every Dollar Spent Yields $6 in Energy Savings."Building Energy Code Compliance. Institute for Market Transformation, Oct 2010. Web. 19 Jul 2011. <http://www.imt.org/codecompliance.html>.

Figure 5: Moderately high-performance buildings vs. Conventional buildings

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No Statewide Energy Policy & Misinformed Legislators

All states are required to meet the minimum energy requirement as stated by the Energy

Policy Act of 1992 and 2005, whether they adopt ASHRAE standards or implement their own.

However, this does not mean they have a statewide energy policy. This can be due to several

reasons. Some states feel very strongly about local jurisdictions taking precedence and feel that

energy policy should be determined at the local level, which is not unreasonable because smaller

shops and stores may not even be able to afford to make initial payments to raise energy

efficiency. Some city councils are very close with local developers that bring in business and do

not want to create trouble by mandating energy codes for them to follow. Smaller developers

think of codes as a hassle and do not feel the need to submit to them if customers do not vocalize

their feelings and opinions. Following energy codes would make their jobs a little more difficult.

The attitudes of the builders are not always positive towards government mandates. They can

get offended by the government telling them how to do their jobs. There are some states that are

very sensitive on being “commanded” to adopt codes and are offended by the federal

government ordering them to do so. It can be the principle behind the federal government

legally binding them to codes rather than the codes themselves that can disintegrate the support

behind code adoption.33 The building industries and architectural firms usually belong to trade

associations. When there are disagreements within the trade association on the issue of

updating or adopting codes, the trade association will usually protect the status quo and

continue what they have been doing rather than make changes. In order to avoid these

disturbances, they speak to the state and local jurisdictions so there won’t be more stringent

codes or changes to adopting new codes.34 The barrier to making codes mandatory is not always

technical or about expenses, it can be behavioral. Figure 6 visually shows how states implement

33 Snyder, Robin. Personal Interview by Minjoo Lee. 06 July 2011. 34 Majersik, Cliff. Personal Interview by Minjoo Lee. 13 July 2011.

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codes differently and what states have adopted the latest ASHRAE standards while others use

older standards or none at all.

State legislators are misinformed at times about how energy efficiency can be achieved,

which can be the reason why they refuse to adopt IECC of ASHRAE standards. They will hear

that it costs thousands of dollars to meet the standards if they are adopted without concrete

proof. BCAP was concerned that if this was indeed the case, there was a major problem that

needed to be addressed. In response, they calculated the cost benefit analysis. Their results and

Figure 6: Nationwide map of status of codes

29

data showed that a moderately high performance building only needs a thousand dollars for the

initial payment on average. People tend to think about the money that they have to invest only at

the present moment rather than think about the net amount they will end up saving in the long

run. Approximately $2,150 is spent every year per household for utility bills for residential

buildings in America. This can be reduced by 15% or more by meeting energy standards alone,

which is equivalent to saving $300 per year.35 Hence, a moderately high-performance building

that requires an initial cost of a thousand dollars would be paid off in less than four years.

A common misbelief is that standards force the federal, state, and local governments to

adopt them into codes when they are only a reflection of biased opinions of organizations like

ASHRAE. On the contrary, jurisdictions have the option of writing and adopting their own codes

without referring to ASHRAE standards. Kent Peterson, past president of ASHRAE, said that

“these standards do not reflect the state-of-the-art solutions for energy or high-performance

building design. They reflect the minimum benchmarks for performance if jurisdictions choose

to regulate these areas.”36 If a jurisdiction is not comfortable or is unfamiliar with the building

industry, referring to existing standards and adopting them is a smart choice. After all, most

policymakers tend not to have technical backgrounds and will need the assistance of

professionals in understanding what standards would be beneficial for their jurisdiction. It must

also be noted that ASHRAE is nonpartisan.

35 "Policy Maker Fact Sheet |Building Energy Code Compliance: A Low-Cost Tool to Boost Jobs, Cut Pollution, and Advance Energy Independence; Every Dollar Spent Yields $6 in Energy Savings."Building Energy Code Compliance. Institute for Market Transformation, Oct 2010. Web. 19 Jul 2011. <http://www.imt.org/codecompliance.html>. 36 Peterson, Kent. "Code-Enforceable Standards (189.1 Chair Responds)." ASHRAE Journal. August (2010): 15. Print.

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Possible Solutions

Energy Disclosure Laws

The property disclosure of energy usage is a law of the European Union (EU) that has

been adopted and effectively enforced. It was called the European Union Energy Performance of

Buildings Directive 2002/91/EC and required the members of the EU to comply at the latest by

2009. Commercial buildings with a square footage as small as 10,760 were still affected by this

law in England. Australia has also recently adopted the Building Energy Efficiency Disclosure

Act of 2010 that takes the law one step further by requiring advertisements and real estate signs

to disclose energy information. This building energy performance labeling has started in the

United States but it has been a slow process on state and local levels. It has been enacted at local

levels because most real estate laws and policies are the responsibilities of local governments.

The places in the United States that have adopted this disclosure law are Washington, D.C.,

Austin, Texas, New York City, San Francisco, California, and the state of Washington. The

disclosure law has mainly been a tool for the commercial sector but it has also started to be

considered for residential properties.

It is a similar method to labeling appliances with Energy Star. It wouldn’t directly

require state and local governments to adopt building energy codes but it would help the process

along. It can create healthy competition in the building industry as the label can add more value

to the building. The primary factor that determines the worth of the building is how much

energy it consumes so the label can really make the building more attractive. The buildings with

better energy performance would force those with lower performance to make changes to have a

better image in the public eye and to attract more tenants. The excuse of losing money by

retrofitting can be debated because if they fail to make the effort to make changes, they can lose

business and be forced to lower their price or rent as their only option. This is especially true

today because tenants usually find themselves in a triple-net lease that obligates them to pay for

utility costs so they would want a building that consumes the least amount of energy as possible.

31

The duration of tracking

energy consumption

No Major renovations while data is taken and defining what a

renovation is

Whether or not there is a

tenant occupying the space

Which energy metrics

should be used

How to consider building

operation hours

Weather conditions

Figure 7: Issues that ASTM had to address when developing BEPA

Triple net lease is when the tenants are responsible for three types of payments: property tax,

building insurance, and maintenance or repair costs.37 San Francisco has actually made the

decision to fine $100 per day for those who refuse to comply. 38

Energy disclosure has been gaining popularity in the U.S.39 As more and more states

start to adopt energy disclosure laws, it hopefully will trigger other states, like a domino effect,

to follow in their footsteps because today’s marketplace is becoming more concerned with

energy efficiency. Studies from multiple institutions have shown that buildings rated with higher

energy efficiency are more likely to have more occupants, higher lease rates, and higher sales

prices than buildings with lower energy efficiency.40 This is a great incentive for building owners

who want to be able to compete in the marketplace. Energy disclosure will influence the building

owners to retrofit their building to have higher ratings compared to their competitors. An

obstacle that the proponents of the disclosure law face is the way the energy is measured. It is an

issue that is being addressed and the American Society for Testing and Materials (ASTM) has

come up with a standard for Building Energy Performance Assessment (BEPA). BEPA focuses

on the methodology of collecting energy information because there can be discrepancies on

several things, as it is shown in Figure 7:

37 "Triple Net Lease." Investopedia, n.d. Web. 29 Jul 2011. <http://www.investopedia.com/terms/n/netnetnet.asp>. 38 Bennett, Mark J., and Douglas J. Feichtner. "Incorporating Building Energy Performance and Sustainability Into TraditionalEnvironmental Due Diligence: The Advent of Green Building Due Diligence." Bureau of National Affairs, Inc. (2009): n. pag. Web. 21 Jul 2011. <http://www.dinslaw.com/files/Publication/634a81be-1668-4f62-a5f4-00bcf8e64a45/Presentation/PublicationAttachment/6ed0de1c-bd26-4ab0-941c-0212342e3db9/Bennett%20AA%20disclosure.pdf>. 39 Majersik, Cliff. Personal Interview by Minjoo Lee. 13 July 2011. 40 "Energy Efficiency and Property Value." Energy Rating, Labeling & Disclosure. Institute for Market Transformation, n.d. Web. 24 Jul 2011. <http://www.imt.org/rating-value.html>.

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It took more than two years for ASTM to develop BEPA with a staff of more than 220

specialists of architects, bankers, engineers, etc. It has been a challenge to create a

benchmarking database that accurately represents the statistics of the different types of

buildings but it has been improving.41

The building energy disclosure would raise awareness and teach the public about the

current technology of buildings and how much money they can save. As more local jurisdictions

start to adopt this law, complaints may arise from those that live in districts that have not

adopted it, putting pressure on their government to take action. It is in everyone’s best interest

to save money. The problem is that governments sometimes do not go above and beyond their

basic responsibilities until they start to get complaints or demands. For instance, the residents

of Kentucky finally complained about their utility bills in 2009 and 2010 because they were

entirely too high and reached a point where they were unable to make payments. The amount of

complaints made to the Kentucky Power Company as well as to the State Representative Leslie

Comb and other legislators grew. The only help that Representative Comb could provide at the

time was to direct those struggling residents to specific agencies that could possibly provide

them with assistance or contact the Public Service Commission (PSC). Attorneys and local

officials requested that the Kentucky PSC deny the high increase in energy bills, which was

eventually authorized for the Kentucky Power Company. According to the communications

manager of Kentucky Power, the reason behind the high energy bills was simply due to increase

in usage. He said, “You pay only for what you use. You pay for what you have already used, not

what you are going to use. So by that token you can control what you use.”42

41 Bennett, Mark J., and Douglas J. Feichtner. "Incorporating Building Energy Performance and Sustainability Into Traditional Environmental Due Diligence: The Advent of Green Building Due Diligence." Bureau of National Affairs, Inc. (2009): n. pag. Web. 21 Jul 2011. <http://www.dinslaw.com/files/Publication/634a81be-1668-4f62-a5f4-00bcf8e64a45/Presentation/PublicationAttachment/6ed0de1c-bd26-4ab0-941c-0212342e3db9/Bennett%20AA%20disclosure.pdf>. 42 Barto, Sally. "Ky. Power says bills are higher because electricity use is up." Mountain Eagle 12 Jan 2011: n. pag. Web. 29 Jul 2011. <http://www.themountaineagle.com/news/2011-01-12/Front_Page/Ky_Power_says_bills_are_higher_because_electricity.html>.

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Passing the energy disclosure law at the federal level can be difficult to do but a possible

option could be to add it into ARRA. States that receive funds for better energy efficiency are

required to comply with IECC standards or ASHRAE 90.1. Similarly, the Act can require those

that receive funds to also comply with the disclosure law.

Reauthorization of PACE

The Property Assessed Clean Energy (PACE) program was created in 2008 and was a

popular program that was widely accepted across the nation. It was intended to be adopted by

state and local jurisdictions, and encourage building owners – residential and commercial – to

make their buildings more energy efficient and incorporate renewable energy projects. A

jurisdiction that adopted PACE programs would allow the property owners to receive financial

support if they volunteered to retrofit their building using energy efficient equipment or

methods. These methods include but are not limited to better insulation, cool roofs, upgrading

the HVAC system, and installing solar photovoltaic systems.

PACE is unique because it is funded by the jurisdiction in a way that it compensates for

the high upfront cost of retrofitting and the payback is within five to twenty years with a low

interest loan of 3% to 7%. The jurisdiction would lend the money that the property owners

would pay back as a special type of property tax. This debt would not stay with the original

owner that agrees to opt into PACE but it would stay with the property and is passed onto the

next owner. It is a fairly secure method for the lenders because property taxes are always paid

off first as senior liens before other debts and loans, hence PACE debts would be paid off first.43

PACE was adopted by 24 states along with the District of Columbia in the first 24

months. The federal government provided over $150 million in grant money to help state and

local governments with the program. Unfortunately, the program came to a halt when Fannie

43 Frenkil, David John. "After The FHFA Fallout, What Happens Next With PACE Finance?." Solar Industry (2011): 38-39. Web. 24 Jul 2011. <http://issuu.com/zackinpublications/docs/sim1101_online?mode=embed&layout=http://skin.issuu.com/v/light/layout.xml&showFlipBtn=true&pageNumber=38>.

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Mae and Freddie Mac declined to support any mortgages of buildings that were part of the

program.44 The Federal Housing Finance Agency (FHFA) controls Fannie Mae and Freddie

Mac,45 and was skeptical about the retrofitting initiative. Especially after the financial crisis,

FHFA was very hesitant toward anything involving high risk46. In 2010, the FHFA released a

statement concerning a number of reasons for their skepticism of PACE as shown in Figure 8:

Figure 8: Reasons why FHFA did not support PACE

Their lack of support discouraged many states to back out and quickly give up on the

program. States like California, Florida, and New York expressed their dissatisfaction with

44 "Property Assessed Clean Energy (PACE) Financing: Update on Commercial Programs." Lawrence Berkeley National Laboratory, 23 March 2011. Web. 24 Jul 2011. <http://eetd.lbl.gov/ea/ems/reports/pace-pb-032311.pdf>. 45 Federal National Mortgage Association is known as Fannie Mae and the Federal Home Loan Mortgage Corporation is known as Freddie Mac. Both are public government sponsored enterprises (GSE). FHFA had conservatorship over Freddie Mac and Fannie Mae since September 7, 2008. 46 Starting in 2003, the mortgage crisis worsened as more borrowers turned to private-label securitization. The number of borrowers with poor credit increases, who could not pay their own mortgages. FHFA became the conservator over Fannie Mae and Freddie Mac in order to strengthen the GSEs and for them to avoid bankruptcy.

Not all of the states that adopted PACE required the loans to acquire priority lien over other loans

Compared to most local tax programs, PACE loans are larger and takes longer to pay back

Too risky for lenders and second market entities

Can cause alterations in traditional mortgage lending practice

Lending would be based on collateral rather than ability-to-pay

Would not be a big stimulator behind the campaign for energy conservation

35

Fannie Mae and Freddie Mac, resorting to filing lawsuits against them because they were

making it difficult for the state to continue with PACE.47

PACE was created for both residential and commercial sectors, and both were affected by

the unwillingness of FHFA to participate. Even though Fannie Mae and Freddie Mac’s decision

should have technically only affected the residential buildings, it ended up hurting the progress

of commercial buildings as well. This is due to fear in taking risks. If Fannie Mae and Freddie

Mac didn’t want to support PACE, then why should the rest of the commercial sector want PACE?

No one wanted to be the first one to try something that was unprecedented. When asked about

PACE, Robin Snyder of BCAP thought it was a good concept that could have worked and that the

rejection could have been due to the timing of its proposal. However, this is not to say that PACE

came to a complete halt for commercial buildings. 71 commercial projects have already been

authorized and funded. The total financial support for these projects in the future will involve

private capital in addition to the federal grants.

There are currently four active PACE programs and nine other programs in the design

process. The possible approach to reauthorize PACE and increase the amount of PACE programs

nationwide would be to present it to Congress, starting with only addressing commercial

buildings. Commercial buildings can be easier to tackle because FHFA would not be involved

and if the majority of states were originally willing to participate, then it should be easier to pass

in Congress. Congress should note that there is a good amount of support from lenders to

consent to PACE and the loan-to-value (LTV) ratios are low enough to show that PACE is a low

risk. Many local, regional, and national lenders have been providing mortgages and the LTV

ratio has been around 1:10.48 After time, the states and local jurisdictions can report back to

47 Frenkil, David John. "After The FHFA Fallout, What Happens Next With PACE Finance?." Solar Industry (2011): 38-39. Web. 24 Jul 2011. <http://issuu.com/zackinpublications/docs/sim1101_online?mode=embed&layout=http://skin.issuu.com/v/light/layout.xml&showFlipBtn=true&pageNumber=38>. 48 "Property Assessed Clean Energy (PACE) Financing: Update on Commercial Programs." Lawrence Berkeley National Laboratory, 23 March 2011. Web. 24 Jul 2011. <http://eetd.lbl.gov/ea/ems/reports/pace-pb-032311.pdf>.

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Congress and give an assessment of how PACE has – or has not – helped improve the energy

efficiency of buildings that cooperated. If the report shows positive feedback, PACE could be

revised to include residential buildings and FHFA would have a harder time resisting.

It is a relatively safe program that makes it easier for building owners to pay back the

loan that stays with the property. The FHFA does not have the power to order the public what to

do but the reason why it had an impact and disabled many of the PACE programs was because

their lack of willingness to cooperate persuaded people to believe it was unsafe and risky.

Structure of Training for Code Officials

All local jurisdictions should require their code officials to go through similarly

structured training so they can interpret code language and understand how to verify that a

building follows those codes. The training for code officials varies from jurisdiction to

jurisdiction but if they were more similar, it would be easier to observe where some of the

problems lie and what needs to be altered to optimize the training across the nation. The

training can consist of a few steps. Before receiving any certification to work as an official, they

should receive education in a classroom from experienced code officials, engineers, and

architects. After an adequate amount of time, they should have a mentor to show them how they

can use what they have learned in the classroom and apply it on-site. When the mentor thinks

the student is ready and passes multiple tests, certification should be given to the official in

training. While working, the code officials should continue to receive on-line training and some

in class education every year. It is important to have retraining especially during the period

between the updated versions of standards and codes.

The structure of the training itself should depend on the local jurisdiction but a way that

the federal government can help is providing financial assistance to those with less resources. If

the local governments choose to make changes in their training programs, the federal

government can revise ARRA to make sure part of the funding the states receive goes to training.

37

Breaking down the job into multiple areas would create more employment opportunities and

allow each specialized code official to be more meticulous with his or her inspection, avoiding

the issue of neglect. The assessments would be more accurate because more data would be taken

and the total time of the inspection may be reduced because different parts of the building

would be analyzed simultaneously and each official would only have to focus on one thing. Each

jurisdiction should require and confirm it has a sufficient number of code officials.

More Regulatory Authority

As mentioned earlier in the report, states that fail to comply with energy standards are

not reprimanded harshly and there are no real consequences. Part of the problem is that the U.S.

Department of Energy (DOE) does not have the authority to regulate.49 If Congress can give

them the power to do so, this could drastically change. This solution would definitely help the

compliance aspect of standards. Adopting standards into codes is meaningless on paper without

enforcement and compliance. The states that agreed to receive funds to improve energy

efficiency and use renewable energy after ARRA was passed should be checked by a committee

in the DOE to ensure the financial support is being provided for the right purpose. If the cost of

sending on-site committee members is an issue, the DOE can pick random samples across the

nation to perform annual assessments. However, all the states should be notified about the

possibility of committees coming their way in order to give them the incentive to continue to

appropriately use federal funds. If the DOE is not satisfied with what they see, they should be

given the power to suspend the funds. The difficulty with this alternative is that there may not be

enough manpower currently to send the DOE members to the states.

States may not be satisfied with this change by claiming that it is unconstitutional and

that the federal government would be given too much authority, especially with the current

political climate. However, these code officials of DOE would only be responsible for verifying

49 Snyder, Robin. Personal Interview by Minjoo Lee. 6 July 2011.

38

the states that already agreed to adopt ASHRAE 90.1 and receive financial support from the

federal government. If those states are willing to accept the money to be able to adopt and

enforce the energy codes, then the federal government has every right to audit. The DOE should

have a committee that is responsible for physically going to the states. By having the regulation,

the states would be more inclined to use the funds more appropriately.

Educational Outreach

Not all stakeholders are aware of the need to implement building energy codes so a key

step is to raise awareness through education. Stakeholders who can make a difference in

adoption, enforcement, and compliance of energy codes are not restricted to just policymakers

but includes consumers and professionals of the building industries. More educational outreach

at universities and communities in general would help raise awareness, which in turn would

help raise the level of compliance. An approach as simple as holding a brief voluntary meeting

for each community can be effective. Building performance depends on who operates it and how

they operate it. Standards and codes are only as good as how closely they are complied with. The

measure of the ideal performance is carried out by code officials but the actual performance

itself is dependent on the users. Therefore educating the general public on what standards and

codes their jurisdiction adopted and how they can comply is just as important.

39

Recommendations

Even though it may seem like focusing on energy conservation and energy efficiency

should be an important issue to be addressed, it is secondary when it comes down to buildings.

There is no real urgency in promoting building energy codes and the priority is to make sure the

buildings are constructed properly for safety. It is not an issue that the public has really

vocalized. Because it is hard to make preemptive policies for energy efficiency and enact them

currently, the legislators should be ready with policies for when the issue becomes serious in the

future.

Building codes concerning energy efficiency can be considered to be of importance for

only the building industries. However, policymakers can help make progress by stepping in and

encourage making positive changes to the current lack of interest in standards. If the public does

not know the importance of following standards, policies must be updated or developed to bring

the issue to their attention and alert them of one of the most cost-effective ways of improving

energy efficiency of buildings. When it becomes a requirement for all states to have energy

efficiency codes, it not only pushes building owners to be more aware about their energy use and

lower their utility bills but it can also cause the state’s economy to grow. More jobs will be

created for electricians, engineers, energy monitors and auditors, and retro-commissioning

professionals.50 It is true that all buildings will perform differently because the occupants will

use them differently. Even two buildings that are originally designed identically the same will

not consume the same amount of energy. Dru Crawley of Bentley Systems frequently uses this

quote by Stewart Brand at the beginning of his presentations: “Every building is a forecast.

Every forecast is wrong.” But to increase the chances of improving energy efficiency, standards

need to be set to be followed. Standards help make buildings more consistent in terms of energy

efficiency and make it easier for understanding how to meet the minimum energy requirement.

50 Hurley, Amanda Kolson, and Andrew Burr. "Building Energy Disclosure Laws Push Companies to Hire Small Businesses: Staffing Up as Energy Benchmarking and Disclosure Rules Spur Demand for Energy Efficiency." Sustainable Real Estate Solutions, 10 July 2011. Web. 24 Jul 2011.

40

1. Targeting commercial buildings

Development of Standards and Codes

2. Data collection

3. Standards focused on simple methods to reduce energy consumption

Adoption

4. National building code

5. Energy disclosure laws

Enforcement and Compliance

6. Revising PACE for commercial buildings

7. Consistent training for code officials

All of the previously stated alternatives to address the problem of adoption, enforcement,

and compliance of codes should all technically be done to make progress. However, some of

them can be more difficult to achieve at the moment because they can be harder to gain support

from majority of the key stakeholders. Figure 9 presents the seven main areas that will be

recommended in this report:

1. Targeting commercial buildings

Because building energy codes are not at the top of the priorities list for policymakers,

looking at short term goals and solutions that will benefit the general public, regardless of

political stance, should be implemented first. While the ultimate goal is achieving the highest

energy efficiency of all buildings, it cannot be approached in one giant step. Instead of tackling

the whole problem at once, it should be broken down. Targeting commercial buildings would be

easier because it is more leveraged and businesses can afford to be involved. There are more

people in the professional staff working on the projects. Professional architects and engineers of

Figure 9: Outline of policy recommendations in this report for implementing energy standards and codes to raise energy efficiency

41

the commercial sector would be more willing to follow codes given their backgrounds compared

to those of the residential sector.

2. Data collection

In order to have codes that will effectively improve energy efficiency, surveys like CBECS

are needed for data collection to set the minimum benchmarks. The main problem with

resuming CBECS operation is of course the funds. However, CBECS is relatively an inexpensive

program that requires only $4 million and the money can be raised if all of the policymakers

were more aware of its importance and the attention it deserves. Not all legislators are even

familiar with the program but once they are, they will realize that CBECS is necessary to get the

most recent statistics and data to improve energy efficiency. Standards cannot be updated

without information of how all buildings are currently performing across the nation.

3. Standards focused on simple methods to reduce energy consumption

Instead of looking to change every aspect of the building, the focus should be narrowed

down specifically to target the biggest energy hogs and to make a big leap in reducing the energy

consumption. Standards focused on lighting, and heating and cooling systems would be very

effective in conserving energy. Lighting is the culprit of 25%-50% of total energy use of most

commercial buildings and heating is responsible for 33%-50%. A method as simple as

constructing the building in the right orientation to get the maximum amount of light into the

building can be helpful. For instance, the shape of the building can maximize daylighting if it is

long and narrow, which does not involve installation of the newest lighting equipment.

Daylighting can help energy savings of commercial buildings by 30%-80% annually. Using

different kinds of light bulbs such as halogen, and installing automatic light sensors and

dimmable lights can also make a difference and they tend to receive positive feedback from the

users.

Effective heating and cooling systems are good areas for standards to address and be

implemented as codes to make noticeable changes. Better insulation systems in walls, ceilings,

42

basement, and windows will help minimize heat loss from the building, which would reduce the

amount of wasted energy spent on producing heat in the winter. Windows, depending on the

number of layers, gas between the layers, and the glazing, can help reduce energy consumption.

Glass has very low thermal resistance so windows need to be well insulated. Adding another

layer of glass on windows of existing buildings is not too complicated to do because the spacing

between the layers can be as small as 0.15 mm, making it possible to create a small space of

vacuum in between. Creating a vacuum between the layers or using gases with higher molecular

weight, such as argon, can help reduce heat transfer. It would especially be effective to focus on

heating and cooling for commercial buildings because they use both systems simultaneously

throughout the entire year – air conditioning is needed to counteract the overheating from

lighting and office equipments while heating is needed for the amount of heat loss during the

winter.51

It can be overwhelming to fix every element of the building for better energy efficiency so

narrowing the job down to one or two goals is the smarter approach. Of course, there should be

standards to cover all elements for reference but people should be more aware of the major

building components that should be changed. So standards concerning lighting, heating, and

cooling should be emphasized and updated more as well as be more aware to state and local

jurisdictions to adopt them.

4. National building code

While it is difficult to establish building policies at the federal level because building

related activities are regulated locally, developing a national energy model code would help

maintain consistency across the nation. ASHRAE, ICC, CABO, AIA52, DOE, along with other

organizations of the building industry should collaborate with the members of Congress to

develop a national model energy code that states can choose to adopt and follow if they wish.

51 Harvey, L.D. Danny. Energy & the New Reality 1: Energy Efficiency & the Demand for Energy Services. 1. London: Earthscan, 2010. Print. 52 American Institute of Architects

43

The code would have to be flexible enough to match the different climates due to geographic

locations of the states and endorse technologies that are cost-effective, such as daylighting. The

push for a single national building code may not be met with a positive response given the

political climate. There have been efforts made in the 1970’s for a national energy code but it

was ineffective because it was overly ambitious in trying to require all buildings to perform in

the same manner, regardless of the difference in climate and location. A good code should not be

a method of “one size fits all.” The national code should not mandate the methods to achieve

higher energy efficiency but it should set a minimum benchmark and mandate what the final

outcome should be. In other words, the language of the code should be more performance based

rather than prescriptive. Given the huge leap in advancement of technology and energy since the

1970’s, it should also be easier to develop an effective national model energy code that can be

complied with. As more and more states start to be more aware in the importance of raising

energy efficiency by adopting and complying with energy codes, the process of legalizing the

national energy model code should gain support.

The effort behind the national code needs to be bipartisan by design in order to prove

that energy policy involving energy efficiency should be in the best interest of both parties that

would benefit all people. A collaborative, joint effort can really be a catalyst to quicken the

process along. The Waxman-Markey Bill of 2009 included having a national building energy

code. It was unfortunately not passed by the Senate after it was passed by the House of

Representatives. It could have been perceived as overly ambitious because it stated that there

should be a 50% reduction in energy consumption by 2014 relative to 2006 IECC or ASHRAE

90.1-2004. To be realistically achievable and feasible, a single target percentage reduction for all

buildings should not be required. Instead, there should be tax incentives or deductions relative

to how much the building has improved in performance from its previous years. This approach

would be more rewarding and encouraging to continue the efforts in reducing energy because

when a target percentage is not reached, it can be discouraging for building owners to continue

44

retrofitting. This way, each building owner or building industry set a personal goal for

themselves rather than a goal set by someone else. The percentage reduction in energy

consumption from one year to the next should be the focus because every building performs

differently. A building should compare its performance to its own past performance rather than

another building.

5. Energy disclosure laws

Energy disclosure laws have already started to take place in the country and have showed

positive results in increasing the number of jobs in energy efficiency services. In New York City,

their benchmarking and disclosure law that will officially be enacted in August has helped create

more jobs in a sustainability services firm and have attracted more clients by about 400 over a

the last twelve months, a relatively short period of time. Publicly disclosing information about

how much energy the building consumes will make the public more conscious about it and make

changes to do better. It can stimulate the economy, as it is shown in places like New York, by

creating more jobs and adding value to the properties.53 It could be a catalyst for adopting

standards into codes for states.

6. Revising PACE for commercial buildings

PACE should be reauthorized and supported by the federal government in terms of

encouraging states to implement the program. Lawsuits have been filed to require mortgage

lenders to treat PACE loans just like any other loan as well and Congress has been involved to

give support.54 A newer version of PACE should only address commercial until FHFA and

homeowners feel more comfortable after observing the commercial sector. All states that choose

to adopt PACE programs should make the loans priority liens over other mortgages and shorten

53 Hurley, Amanda Kolson, and Andrew Burr. "Building Energy Disclosure Laws Push Companies to Hire Small Businesses: Staffing Up as Energy Benchmarking and Disclosure Rules Spur Demand for Energy Efficiency." Sustainable Real Estate Solutions, 10 July 2011. Web. 24 Jul 2011. 54 "The Fight to Restore PACE." PACENow. PACENow, n.d. Web. 28 Jul 2011. <http://pacenow.org/blog/>.

45

the period of payback. 55 PACE can be revised to be even safer by making sure the assessments

do not exceed 10% of the property value or making sure that the property owners have a good

record of making timely payments.56 Even today, PACE programs for commercial buildings exist

in certain areas like California. PACE avoids high upfront costs, can create local jobs, and

increases the value of the property. Figure 10 shows that the average price of an environmentally

certified building is higher than that of non-certified buildings.

While it is true that environmentally certified does not mean energy efficient, it shows that

people are more willing to pay a higher price for buildings that are nonconventional and utilize

technology – they recognize that the property is worth more. It is up to the state and local

governments to provide support and encourage it. Reauthorizing PACE would raise awareness

in the importance of energy efficiency and help implement energy standards and codes.

7. Consistent structure of training for code officials

It is just as important – if not more so – to check for compliance. Training needs to be

more consistent between jurisdictions. Local jurisdictions should require their code officials to

attend workshops, conferences, and hearings held by organizations like ASHRAE and ICC,

55 These slight adjustments address the concerns that FHFA originally had with PACE. 56 "About PACE." PACENow. PACENow, n.d. Web. 28 Jul 2011. <http://pacenow.org/blog/about-pace/>.

Figure 10: Sales of environmentally certified vs. non-certified homes

46

In-class education by experienced code

official, engineer, and architect

On-site mentorship Written exams

Annual retraining with workshops provided by

organizations like ASHRAE and ICC

especially if they have adopted ASHRAE standards or ICC codes. Local jurisdictions can

implement a similar training process that is presented in Figure 11:

This model is not intended to be followed in exactly the same way. Adjustments can be

made but the overall structure of the training should be similar. When the structure of the

training is similar across the country, it becomes easier for jurisdictions to figure out what

training methods work or what methods do not work. Communication between jurisdictions can

become more widespread in search of better ways to make changes in the training, whether it is

the duration of the training period, the content of what is being taught, or the educators

themselves. When there is consistency, it improves the overall effectiveness of training across

the country.

Figure 11: Recommended structure of training for code officials

47

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