Developing sound energy codes and even going beyond them to achieve sustainability goals are growing trends in the US. Advanced energy codes are important to maintain the grid during high-demand periods and to help in resiliency after a disaster. A 2022 FEMA study rated various states and municipalities when it comes to developing and enforcing effective energy codes. 39 states were in its lowest category and 19 received a score of ‘0’, including a number of disaster-prone states. Many state governments are reluctant to develop more stringent energy codes, as they wish to spur development, even at the cost of energy efficiency and resiliency. On the other hand, 10 states received a score of 99.
Thus, it is at the municipal government level that many energy codes are written and enforced. Municipal building departments used to regulate basic building functions: make sure they are built properly and will not collapse or catch fire easily. But momentum is growing to have municipal building departments develop and enforce energy codes, too, which are becoming more stringent due to concerns about Climate Change. Inherent design features have a strong influence on the energy usage of a building over time, independent of weather and operations. And with the growing concern for Climate Change and energy’s role in it, some codes and requirements are getting very aggressive.
Boston recently modified their energy “stretch” code to require new multifamily buildings to meet Passive House building requirements, making it the first major US city to require passive building standards. Boston is the 8th Massachusetts municipality to adopt the “opt-in” building code, which includes meeting sustainability standards that go beyond standard energy codes. Starting on January 1, 2024, all new multifamily buildings in Boston must meet passive building requirements. Phius certification of passive housing standards is the surest path to meet these requirements. According to Phius, buildings that meet the Phius Certification standard use 40%-60% less energy than code-built buildings with no upfront cost premium.
Chicago recently modified its building code to include cooling requirements for landlords beginning this cooling season. The change states that if the heat index exceeds 80 degrees, certain residential buildings must provide functioning air conditioning in all apartments or have an air-conditioned indoor common area where people can gather. Affected buildings include those that house older people under the Federal Fair Housing Act and buildings that are more than 80 feet tall or have 100 or more units. Needless to say, as the cooling season is beginning, landlords are scrambling to repair or replace AC units and prepare them for reliable cooling.
New York City has promulgated a law that will have great impacts on energy efficiency and usage. Local Law 97, promulgated in 2019, goes into effect in 2024. It is not an energy code, but a greenhouse gas emission rule. Subject buildings must develop their own GHG emission limit, tied to energy usage and demonstrate compliance or non-compliance with the specific standard. While GHGs are what is being measured, it is tied to energy, either energy efficiency or using “cleaner” sources of energy. The fines are projected to be very high for wasteful or “dirty” energy usage.
CCES has the experts to provide technical assistance to help you assess and develop strategies to comply with various energy codes and GHG regulations, including the ones listed here. Contact us today at karell@CCESworld.com or 914-584-6720.