A growing number of cities and states are eager to make meaningful progress on decarbonizing buildings to achieve climate targets, enhance quality of life for all residents and businesses, and improve energy efficiency. New construction poses an irreplaceable opportunity to build smart from the start: it is the most cost-effective time to improve efficiency and helps prepare the workforce to decarbonize existing homes and businesses. To do this, leaders need policies that make zero-emission new construction the norm and comply with the federal Energy Policy and Conservation Act (EPCA).
In 2023 a federal court decision introduced a new interpretation of EPCA and halted Berkeley’s all-electric new construction ordinance. As a result, in Berkeley and throughout all eight states in the Ninth Circuit, governments are now limited in how they can require all-electric new construction. While many tools to advance building decarbonization remain for Ninth Circuit jurisdictions, and the decision does not limit city or state action in other circuits, the risk of similar legal challenges has caused concern in some jurisdictions.
To help cities and states successfully advance zero-emission new construction for commercial and residential properties with confidence, RMI and the Public Health Law Center have collaborated to release the Energy Code Safe Harbor Toolkit (the Toolkit).
What is the Toolkit? The Toolkit comes in two parts:
- Zero Fuel Bias Code Overlays for commercial and residential new construction codes (the Code Overlays): Adoptable code language designed to add fair, objective, low- and zero-emission compliance options to the 2024 International Energy Conservation Code and ASHRAE 90.1-2022.
- An issue report that describes how energy codes work, why EPCA matters, how today’s model codes fall short of what’s possible, and how the Code Overlays take steps toward a climate-friendly code (the Report).
Who is the Toolkit for? The Toolkit was designed for jurisdiction staff and advocates across the nation who want to remove penalties for high efficiency heating appliances, like heat pumps, from the energy code. Anyone who participates in building energy code development or adoption can use the Toolkit by submitting the Code Overlays as code proposals.
How do the Code Overlays reduce climate pollution? Surprisingly, model codes often require all-electric buildings to achieve higher energy efficiency than mixed fuel buildings. This disadvantages heat pumps, increases climate pollution, and often increases energy bills. The Code Overlays remove bias in the model codes, ensuring that builders can earn due credit toward compliance when they choose high-efficiency types of equipment like heat pumps. The Code Overlays do not require all-electric new construction.
Where can I learn more? For assistance applying the Code Overlays or adjusting them for your jurisdiction’s situation, reach out to Jonny Kocher (jkocher@rmi.org) and Erin Sherman (esherman@rmi.org) at RMI. For assistance understanding the Berkeley federal circuit court decision and building electrification policy options in the context of that decision, reach out to Jamie Long (jamie.long@mitchellhamline.edu) and Daniel Carpenter-Gold (daniel.carpentergold@mitchellhamline.edu) at Public Health Law Center.
