PART 433—ENERGY EFFICIENCY STANDARDS FOR THE DESIGN AND CONSTRUCTION OF NEW FEDERAL COMMERCIAL AND MULTI-FAMILY HIGH-RISE RESIDENTIAL BUILDINGS Authority: 42 U.S.C. 6831-6832, 6834-6835; 42 U.S.C. 7101 et seq. Source: 71 FR 70281, Dec. 4, 2006, unless otherwise noted. § 433.1 Purpose and scope. (a) This part establishes an energy efficiency performance standard for the new Federal commercial and multi-family high-rise buildings, for which design for construction began on or after January 3, 2007, as required by section 305(a) of the Energy Conservation and Production Act, as amended (42 U.S.C. 6834(a)). (b) This part also establishes a maximum allowable fossil fuel-generated energy consumption standard for new Federal buildings that are commercial or multi-family high-rise residential buildings and major renovations to Federal buildings that are commercial or multi-family high-rise residential buildings, for which design for construction began on or after May 1, 2025. (c) This part also establishes green building certification requirements for new Federal buildings that are commercial and multi-family high-rise residential buildings and major renovations to Federal buildings that are commercial and multi-family high-rise residential buildings, for which design for construction began on or after October 14, 2015. [71 FR 70281, Dec. 4, 2006, as amended at 79 FR 61569, Oct. 14, 2014; 89 FR 35415, May 1, 2024] § 433.2 Definitions. For purposes of this part, the following terms, phrases and words are defined as follows: ANSI ASHRAE ASHRAE Baseline Building 2004 ASHRAE Baseline Building 2007 ASHRAE Baseline Building 2010 ASHRAE Baseline Building 2013 ASHRAE Baseline Building 2019 Commercial and multi-family high-rise residential building Construction cost Design for construction Design for renovation DOE EISA-subject building or project Federal agency Federal building Fiscal year (FY) Fossil fuel-generated energy consumption e.g., IESNA Life-cycle cost Life-cycle cost-effective Low-rise residential building Major renovation Major renovation cost Major renovation of all Scope 1 fossil fuel-using systems in a building Major renovation of a Scope 1 fossil fuel-using building system or Scope 1 fossil fuel-using component Multi-family high-rise residential building New Federal building Process load Proposed building Receptacle load Shift adjustment multiplier Technical impracticability (1) Not be feasible from an engineering design or execution standpoint due to existing physical or site constraints that prohibit modification or addition of elements or spaces; (2) Significantly obstruct building operations and the functional needs of a building, specifically for industrial process loads, critical national security functions, mission critical information systems as defined in NIST SP 800-60 Vol. 2 Rev. 1, and research operations; or (3) Significantly degrade energy resiliency and energy security of building operations as defined in 10 U.S.C. 101(e)(6) and 10 U.S.C. 101(e)(7) respectively. [71 FR 70281, Dec. 4, 2006, as amended at 72 FR 72570, Dec. 21, 2007; 76 FR 49284, Aug. 10, 2011; 78 FR 40953, July 9, 2013; 80 FR 68757, Nov. 6, 2015; 87 FR 20293, Apr. 7, 2022; 89 FR 35415, May 1, 2024] Editorial Note: At 87 FR 20293, Apr. 7, 2022, § 433.2 was amended; however, a portion of the amendment could not be incorporated due to inaccurate amendatory instruction. § 433.3 Materials incorporated by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, DOE must publish a document in the Federal Register [email protected] https://www.energy.gov/eere/buildings/building-technologies-office [email protected] www.archives.gov/federal-register/cfr/ibr-locations.html (b) ASHRAE. www.ashrae.org (1) ANSI/ASHRAE/IESNA 90.1-2004, (“ASHRAE 90.1-2004”), Energy Standard for Buildings Except Low-Rise Residential Buildings, January 2004, ISSN 1041-2336, IBR approved for §§ 433.2, 433.100, and 433.101; (2) ANSI/ASHRAE/IESNA Standard 90.1-2007, (“ASHRAE 90.1-2007”), Energy Standard for Buildings Except Low-Rise Residential Buildings, 2007, ISSN 1041-2336, IBR approved for §§ 433.2, 433.100, and 433.101. (3) ANSI/ASHRAE/IESNA 90.1-2010, (“ASHRAE 90.1-2010”), Energy Standard for Buildings Except Low-Rise Residential Buildings, I-P Edition, Copyright 2010, IBR approved for §§ 433.2, 433.100, and 433.101. (4) ANSI/ASHRAE/IES 90.1-2013, (“ASHRAE 90.1-2013”), Energy Standard for Buildings Except Low-Rise Residential Buildings, I-P Edition, Copyright 2013, IBR approved for §§ 433.2, 433.100, and 433.101. (5) ANSI/ASHRAE/IES 90.1-2019, (“ASHRAE 90.1-2019”), Energy Standard for Buildings Except Low-Rise Residential Buildings, I-P Edition, copyright 2019, IBR approved for §§ 433.2, 433.100 and 433.101. [76 FR 49284, Aug. 10, 2011, as amended at 78 FR 40953, July 9, 2013; 79 FR 61569, Oct. 14, 2014; 80 FR 68757, Nov. 6, 2015; 87 FR 20294, Apr. 7, 2022] §§ 433.4-433.7 [Reserved] § 433.8 Life-cycle costing. Each Federal agency shall determine life-cycle cost-effectiveness by using the procedures set out in subpart A of part 436. A Federal agency may choose to use any of four methods, including lower life-cycle costs, positive net savings, savings-to-investment ratio that is estimated to be greater than one, and an adjusted internal rate of return that is estimated to be greater than the discount rate as listed in OMB Circular Number A-94 “Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs.” Subpart A—Energy Efficiency Performance Source: 79 FR 61569, Oct. 14, 2014, unless otherwise noted. § 433.100 Energy efficiency performance standard. (a) (1) All Federal agencies shall design new Federal buildings that are commercial and multi-family high-rise residential buildings, for which design for construction began on or after January 3, 2007, but before August 10, 2012, to: (i) Meet ASHRAE 90.1-2004, (incorporated by reference, see § 433.3); and (ii) If life-cycle cost-effective, achieve energy consumption levels, calculated consistent with paragraph (b) of this section, that are at least 30 percent below the levels of the ASHRAE Baseline Building 2004. (2) All Federal agencies shall design new Federal buildings that are commercial and multi-family high-rise residential buildings, for which design for construction began on or after August 10, 2012, but before July 9, 2014, to: (i) Meet ASHRAE 90.1-2007, (incorporated by reference, see § 433.3); and (ii) If life-cycle cost-effective, achieve energy consumption levels, calculated consistent with paragraph (b) of this section, that are at least 30 percent below the levels of the ASHRAE Baseline Building 2007. (3) All Federal agencies shall design new Federal buildings that are commercial and multi-family high-rise residential buildings, for which design for construction began on or after July 9, 2014, but before November 6, 2016 to: (i) Meet ASHRAE 90.1-2010, (incorporated by reference, see § 433.3); and (ii) If life-cycle cost-effective, achieve energy consumption levels, calculated consistent with paragraph (b) of this section, that are at least 30 percent below the levels of the ASHRAE Baseline Building 2010. (4) All Federal agencies shall design new Federal buildings that are commercial and multi-family high-rise residential buildings, for which design for construction began on or after November 6, 2016, but before April 7, 2023, to: (i) Meet ASHRAE 90.1-2013, (incorporated by reference, see § 433.3); and (ii) If LCC effective, achieve energy consumption levels, calculated consistent with paragraph (b) of this section, that are at least 30 percent below the levels of the ASHRAE Baseline Building 2013. (5) All Federal agencies shall design new Federal buildings that are commercial and multi-family high-rise residential buildings, for which design for construction began on or after April 7, 2023, to: (i) Meet ASHRAE 90.1-2019, (incorporated by reference, see § 433.3); and (ii) If LCC effective, achieve energy consumption levels, calculated consistent with paragraph (b) of this section, that are at least 30 percent below the levels of the ASHRAE Baseline Building 2019. (b) If a 30 percent reduction is not LCC effective, the design of the proposed building shall be modified so as to achieve an energy consumption level at or better than the maximum level of energy efficiency that is LCC effective, but at a minimum complies with paragraph (a) of this section. [79 FR 61569, Oct. 14, 2014, as amended at 80 FR 68757, Nov. 6, 2015; 87 FR 20294, Apr. 7, 2022] § 433.101 Performance level determination. (a)(1) For Federal buildings for which design for construction began on or after January 3, 2007, but before August 10, 2012, each Federal agency shall determine energy consumption levels for both the ASHRAE Baseline Building 2004 and proposed building by using the Performance Rating Method found in Appendix G of ASHRAE 90.1-2004 (incorporated by reference, see § 433.3), except the formula for calculating the Performance Rating in paragraph G1.2 shall read as follows: (i) Percentage improvement = 100 × ((Baseline building consumption—Receptacle and process loads)—(Proposed building consumption—Receptacle and process loads))/(Baseline building consumption—Receptacle and process loads) (which simplifies as follows): (ii) Percentage improvement = 100 × (Baseline building consumption—Proposed building consumption)/(Baseline building consumption—Receptacle and process loads). (2) For Federal buildings for which design for construction began on or after August 10, 2012, but before July 9, 2014, each Federal agency shall determine energy consumption levels for both the ASHRAE Baseline Building 2007 and proposed building by using the Performance Rating Method found in Appendix G of ASHRAE 90.1-2007 (incorporated by reference, see § 433.3), except the formula for calculating the Performance Rating in paragraph G1.2 shall read as follows: (i) Percentage improvement = 100 × ((Baseline building consumption—Receptacle and process loads)—(Proposed building consumption—Receptacle and process loads))/(Baseline building consumption—Receptacle and process loads) (which simplifies as follows): (ii) Percentage improvement = 100 × (Baseline building consumption—Proposed building consumption)/(Baseline building consumption—Receptacle and process loads). (3) For Federal buildings for which design for construction began on or after July 9, 2014, but before November 6, 2016 each Federal agency shall determine energy consumption levels for both the ASHRAE Baseline Building 2010 and proposed building by using the Performance Rating Method found in Appendix G of ASHRAE 90.1-2010 (incorporated by reference, see § 433.3), except the formula for calculating the Performance Rating in paragraph G1.2 shall read as follows: (i) Percentage improvement = 100 × ((Baseline building consumption—Receptacle and process loads)—(Proposed building consumption—Receptacle and process loads))/(Baseline building consumption—Receptacle and process loads) (which simplifies as follows): (ii) Percentage improvement = 100 × (Baseline building consumption—Proposed building consumption)/(Baseline building consumption—Receptacle and process loads). (4) For Federal buildings for which design for construction began on or after November 6, 2016, but before April 7, 2023, each Federal agency shall determine energy consumption levels for both the ASHRAE Baseline Building 2013 and proposed building by using the Performance Rating Method found in Appendix G of ASHRAE 90.1-2013 (incorporated by reference, see § 433.3), except the formula for calculating the Performance Rating in Section G1.2 shall read as follows: (i) Percentage improvement = 100 × ((Baseline building consumption−Receptacle and process loads)−(Proposed building consumption−Receptacle and process loads))/(Baseline building consumption−Receptacle and process loads) (which simplifies as follows): (ii) Percentage improvement = 100 × (Baseline building consumption−Proposed building consumption)/(Baseline building consumption−Receptacle and process loads). (5) For Federal buildings for which design for construction began on or after April 7, 2023, each Federal agency shall determine energy consumption levels for both the ASHRAE Baseline Building 2019 and proposed building by using the Performance Rating Method found in Appendix G of ASHRAE 90.1-2019 (incorporated by reference, see § 433.3). The formula for determining the percentage improvement shall be as follows: Percentage Improvement = 100 × (1−PCI/PCIt) Where PCI = Performance Cost Index calculated in accordance with Section G1.2 of ASHRAE Standard 90.1-2019 PCIt = Performance Cost Index Target calculated by formula in Section 4.2.1.1 of ASHRAE Standard 90.1-2019 (b) Energy consumption for the purposes of calculating the 30 percent savings requirements shall include the building envelope and energy consuming systems normally specified as part of the building design by ASHRAE Standard 90.1 such as space heating, space cooling, ventilation, service water heating, and lighting, and all process and receptacle loads, except for energy-intensive process loads that are driven by mission and operational requirements, not necessarily buildings, and not influenced by conventional building energy conservation measures. [79 FR 61569, Oct. 14, 2014, as amended at 80 FR 68757, Nov. 6, 2015; 87 FR 20294, Apr. 7, 2022] Subpart B—Reduction in Scope 1 Fossil Fuel-Generated Energy Consumption Source: 89 FR 35416, May 1, 2024, unless otherwise noted. § 433.200 Scope 1 Fossil fuel-generated energy consumption requirement. (a) New EISA-Subject buildings. (i) For Federally owned public buildings or leased Federal buildings, the construction cost of the new building exceeds GSA's Annual Prospectus Thresholds that are found at https://www.gsa.gov/real-estate/design-construction/gsa-annual-prospectus-thresholds; (ii) For Federally owned non-public buildings, the cost of the building is at least $2,500,000 (in 2007 dollars, adjusted for inflation). For the purposes of calculating this threshold, projects should set the Bureau of Labor and Statistics CPI Inflation calculator to $2,500,000 in October of 2006 (to represent the value of the original cost threshold) and then set for October of the FY during which the design for construction of the project began or is set to begin. (2) [Reserved] (b) Major renovations of EISA-Subject buildings. (i) The renovation is a major renovation to a public building as defined in 40 U.S.C. 3301 and for which transmittal of a prospectus to Congress is required under 40 U.S.C. 3307; or (ii) The cost of the major renovation of a Federally owned building is at least $2,500,000 (in 2007 dollars, adjusted for inflation). For the purposes of calculating this threshold, projects should set the Bureau of Labor and Statistics CPI Inflation calculator to $2,500,000 in October of 2006 (to represent the value of the original cost threshold) and then set for October of the FY during which the design for construction of the project began or is set to begin. The cost of a major renovation for a Federally leased building is at least the amount listed for alterations in leased buildings that would need to transmit a prospectus to Congress under section 3307 of title 40. See https://www.gsa.gov/real-estate/design-construction/gsa-annual-prospectus-thresholds. (2) This subpart only applies to major renovations that meet the definition of “major renovation of all Scope 1 fossil fuel-using systems in a federal building” or “major renovation of a Scope 1 fossil fuel-using building system or Scope 1 fossil fuel-using component.” (3) For leased buildings, this subpart applies to major renovations only if the building was originally built for the use of any Federal agency, including being leased by a Federal agency. (4) This subpart applies only to the portions of the proposed building or proposed building systems that are being renovated and to the extent that the scope of the renovations permits compliance with the applicable requirements of this subpart. Unaltered portions of the proposed building or proposed building systems are not required to comply with this subpart. (c) Federal buildings that are of the type included in appendix A of this subpart. (1) New Construction and Major Renovations of all Scope 1 Fossil Fuel-Using Systems in EISA-Subject Buildings. (i) Design for construction began during FY 2024 through FY 2029. (A) Federal agencies may apply a shift adjustment multiplier to the values in Tables A-1a to A-2a or Tables A-1b to A-2b based on the following baseline hours of operation assumed in Tables A-1a to A-2a or Tables A-1b to A-2b. To calculate the shift adjustment multiplier, agencies shall estimate the number of shifts for their new building and multiply by the appropriate factor shown below in Table 1 of this section for their building type. (B) The Scope 1 fossil fuel-generated energy consumption target for the building is the applicable value in either Tables A-1a to A-2a or Tables A-1b to A-2b multiplied by the shift adjustment multiplier calculated for that building. Table 1—Shift Adjustment Multiplier by Hours of Operation and Building Type Building activity type Weekly hours of operation 50 or less 51 to 167 168 Admin/professional office 1 1 1.4 Bank/other financial 1 1 1.4 Government office 1 1 1.4 Medical office (non-diagnostic) 1 1 1.4 Mixed-use office 1 1 1.4 Other office 1 1 1.4 Laboratory 1 1 1.4 Distribution/shipping center 0.7 1.4 2.1 Nonrefrigerated warehouse 0.7 1.4 2.1 Convenience store 1 1 1.4 Convenience store with gas 1 1 1.4 Grocery store/food market 1 1 1.4 Other food sales 1 1 1.4 Fire station/police station 0.8 0.8 1.1 Other public order and safety 0.8 0.8 1.1 Medical office (diagnostic) 1 1 1.5 Clinic/other outpatient health 1 1 1.5 Refrigerated warehouse 1 1 1 Religious worship 0.9 1.7 1.7 Entertainment/culture 0.8 1.5 1.5 Library 0.8 1.5 1.5 Recreation 0.8 1.5 1.5 Social/meeting 0.8 1.5 1.5 Other public assembly 0.8 1.5 1.5 College/university 0.8 1.3 1.3 Elementary/middle school 0.8 1.3 1.3 High school 0.8 1.3 1.3 Preschool/daycare 0.8 1.3 1.3 Other classroom education 0.8 1.3 1.3 Fast food 0.4 1.1 2.1 Restaurant/cafeteria 0.4 1.1 2.1 Other food service 0.4 1.1 2.1 Hospital/inpatient health 1 1 1 Nursing home/assisted living 1 1 1 Dormitory/fraternity/sorority 1 1 1 Hotel 1 1 1 Motel or inn 1 1 1 Other lodging 1 1 1 Vehicle dealership/showroom 0.8 1.2 1.8 Retail store 0.8 1.2 1.8 Other retail 0.8 1.2 1.8 Post office/postal center 0.7 1.5 1.5 Repair shop 0.7 1.5 1.5 Vehicle service/repair shop 0.7 1.5 1.5 Vehicle storage/maintenance 0.7 1.5 1.5 Other service 0.7 1.5 1.5 Strip shopping mall 1 1 1 Enclosed mall 1 1 1 Bar/Pub/Lounge 1 1 1.4 Courthouse/Probation Office 1 1 1.4 (ii) Design for construction began during or after FY 2030. (2) Major Renovations of a Federal Building System or Component within an EISA-Subject Building. (3) Mixed-use buildings. (i) For Federal buildings subject to the requirements of paragraph (c)(1)(i) of this section that combine two or more building types identified in Tables 1a to 2a or Tables 1b to 2b of appendix A of this subpart, the maximum allowable fossil fuel-generated energy consumption of the proposed building is equal to the averaged applicable building type values in Tables A-1a to A-2a or Tables A-1b to A-2b weighted by floor area of the two or more building types. The equation which follows shall be used for mixed use buildings. Equation 1: Scope 1 Fossil fuel-generated energy consumption for a mixed-use building = the sum across all building uses of (the fraction of total floor building floor area for building use i times the allowable fossil fuel-generated energy consumption for building use i) Equation 1 may be rewritten as: (ii) For example, if a proposed building for which design for construction began in FY 2026 that is to be built in climate zone 4a has a total of 200 square feet—100 square feet of which qualifies as College/University and 100 square feet of which qualifies as Laboratory—the maximum allowable Scope 1 fossil fuel-generated energy consumption is equal to: [(100 sqft. × 3 kBtu/yr.-sqft.) + (100 sqft × 10 kBtu/yr.-sqft.)]/200 sqft. = 6.5 kBtu/yr.-sqft. (d) Federal buildings that are of the type not included in Appendix A of this subpart (1) Process load buildings. (2) Mixed-use buildings. [89 FR 35416, May 1, 2024, as amended at 89 FR 48266, June 6, 2024] § 433.201 Scope 1 Fossil fuel-generated energy consumption determination. (a) The fossil fuel-generated energy consumption of a proposed building is calculated as follows: Equation 2: Fossil fuel-generated energy consumption = Direct Scope 1 Fossil Fuel-Generated Consumption of Proposed Building/Floor Area Where: Direct Scope 1 Fossil Fuel-Generated Energy Consumption of Proposed Building Floor Area § 433.202 Petition for downward adjustment. (a) New Federal buildings, major renovations of all Scope 1 fossil fuel-using systems, and major renovations of a Scope 1 fossil fuel-using building system or component in an EISA-subject building. (i) A statement from the Head of the Agency or their designee requesting the petition for downward adjustment for the building or renovation, that the building or renovation reduces consumption of Scope 1 fossil fuel energy consumption in accordance with the applicable energy performance standard to the maximum extent practicable and that each fossil fuel using product included in the proposed building that is of a product category covered by the ENERGY STAR program or FEMP for designated products is an ENERGY STAR product or a product meeting the FEMP designation criteria, as applicable; (ii) A description of the systems, technologies, and practices that were evaluated and unable to meet the required fossil fuel reduction, including a justification of why achieving the Scope 1 fossil fuel-based energy consumption targets would be technically impracticable; (iii) Any other information the agency determines would help explain its request; (iv) A general description of the building or major renovation, including but not limited to location, use type, floor area, stories, expected number of occupants and occupant schedule, project type, project cost, and functional needs, mission critical activity, research, and national security operations as applicable; (v) The maximum allowable Scope 1 fossil fuel energy consumption for the building from § 433.200(c) or (d); (vi) The estimated Scope 1 fossil fuel energy consumption of the proposed building; and (vii) A description of the proposed building's energy-related features, such as: (A) HVAC system or component type and configuration; (B) HVAC equipment sizes and efficiencies; (C) Ventilation systems or components (including outdoor air volume, controls technique, heat recovery systems, and economizers, if applicable); (D) Service water heating system or component configuration and equipment (including solar hot water, wastewater heat recovery, and controls for circulating hot water systems, if applicable); (E) Estimated industrial process loads; and (F) Any other on-site fossil fuel using equipment. (2)(i) Agencies may file one petition for a project with multiple buildings if the buildings are (A) Of the same building, building system, or component type and of similar size, location, and functional purpose; (B) Are being designed and constructed to the same set of targets for fossil fuel-generated energy consumption reduction; and (C) would require similar measures to reduce fossil fuel-generated energy consumption and similar adjustment to the numeric reduction requirement. (ii) The bundled petition must include the information in paragraph (a) of this section that pertains to all buildings, building systems, or components included in the petition and an additional description of the differences between each building, building system, or component. The agency is only required to show work for adjustment once. (3) Petitions for downward adjustment should be submitted to [email protected], (4) The Director of FEMP will make a best effort to notify the requesting agency in writing whether the petition for downward adjustment to the numeric reduction requirement is approved or rejected, in 30 calendar days of submittal, provided that the petition is complete. If the Director rejects the petition or establishes a value other than that presented in the petition, the Director will forward its reasons for rejection to the petitioning agency. (b) Exclusions. Appendix A to Subpart B of Part 433—Maximum Allowable Scope 1 Fossil Fuel-Generated Energy Consumption (a) For purposes of the tables in this appendix, the climate zones are the same as those listed in the performance standards required by § 433.100(a)(5)(i). (b) For purpose of appendix A, the following definitions apply: (1) Education (2) Food sales (3) Food service (4) Health care (Inpatient) (5) Health care (Outpatient) (6) Laboratory (7) Lodging (8) Mercantile (Enclosed and Strip Malls) (9) Multi-Family High-Rise Residential Buildings (10) Office (11) Public assembly (12) Public order and safety (13) Religious worship (14) Retail (Other Than Mall) (15) Service (16) Warehouse and storage Subpart C—Green Building Certification for Federal Buildings § 433.300 Green building certification. (a) If a Federal agency chooses to use a green building certification system to certify a new Federal building or a Federal building undergoing a major renovation and such building is also either a public building (as defined in 40 U.S.C. 3301) for which transmittal of a prospectus to Congress is required under 40 U.S.C. 3307, or a Federal building for which estimated new building or major renovation design and construction costs are at least $2,500,000 (in 2007 dollars, adjusted for inflation), and design for construction began on or after October 14, 2015. (b) The system under which the building is certified must: (1) Allow assessors and auditors to independently verify the criteria and measurement metrics of the system; (2) Be developed by a certification organization that: (i) Provides an opportunity for public comment on the system; and (ii) Provides an opportunity for development and revision of the system through a consensus-based process; (3) Be nationally recognized within the building industry; (4) Be subject to periodic evaluation and assessment of the environmental and energy benefits that result under the rating system; and (5) Include a verification system for post-occupancy assessment of the rated buildings to demonstrate continued energy and water savings at least every four years after initial occupancy. (c) Certification level. [79 FR 61570, Oct. 14, 2014]