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DOE launches effort to help states upgrade, enforce building energy codes

The U.S. Department of Energy is seeking input on a new program that will dole out $225 million to help states better implement new energy codes for buildings.

The DOE on April 12 launched a request for information, or RFI, as it develops the program, which will award competitive grants to state agencies seeking to improve their capacity to implement updated building codes. DOE especially encouraged state agencies and their partners, who qualify for the funding under the 2021 Infrastructure Investment and Jobs Act, to respond to the RFI.

"We're seeking public feedback on how to optimize every step of the building code adoption process, from education to implementation, to lower energy bills and create cleaner and healthier communities for every American," Energy Sec. Jennifer Granholm said in a press release.

Building energy codes establish minimum efficiency standards for buildings. A handful of states have developed their own building energy codes and standards, though most states adopt model codes developed by two private organizations. Those organizations update their model codes every three years, though states incorporate the updates on their own schedule. Many states have not incorporated the updates for several cycles, so they do not reflect the latest efforts to improve energy efficiency.

The bipartisan infrastructure law funding would help states upgrade building energy codes and achieve compliance with new standards. State agencies and partnerships could use the grants to train building officials and design and construction professionals, research code implementation, develop an implementation plan, and support other efforts.

According to DOE research, building energy codes can cut energy costs and building emissions when paired with innovative approaches. Those approaches include stretch energy codes — voluntary codes that are more stringent than the base code and building performance standards, which require building owners to modify their properties to achieve energy efficiency improvements or emissions reductions, DOE said. Both approaches can be pathways for electrification.

DOE also cited findings from field studies to show that code compliance and enforcement is critical to ensuring that updated codes actually produce energy efficiency, cost savings, resiliency and health benefits for consumers. According to agency research, non-compliance with codes can result in substantial lost savings. Education and training programs have proven effective at boosting compliance rates, DOE said.

In recent years, a small but growing number of cities have incorporated building electrification mandates into building code updates, and some states have considered restricting natural gas use in state-level codes. The DOE program does not explicitly support electrification, but it could help stakeholders move in that direction. Building electrification advocates argue for electrification mandates in code updates on the basis that electric heat pumps are more efficient than standard gas furnaces.

The Biden administration has partnered with industrial companies to develop the market for cold weather heat pumps, part of its broader plan to slash greenhouse gas emissions from buildings, including through electrification. More explicit federal support for building electrification is bogged down in negotiations over President Joe Biden's Build Back Better agenda.

The department gave stakeholders until May 20 to submit their responses to the RFI.

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