Energy Policy Act (EPAct) Compliance - Commercial
NOTE: This map reflects only mandatory statewide commercial codes currently in effect. States that have adopted new codes that are not yet effective are noted with an asterisk (*).
Determination Status (as of March 6, 2013)
On October 19, 2011, the U.S. Department of Energy (DOE) issued a final determination that ASHRAE Standard 90.1-2010 would achieve greater energy efficiency in buildings subject to the standard than if they were built to ASHRAE Standard 90.1-2007.
State Certification (DUE: October 18, 2013)
This final determination is being published before the two-year deadline for states to file a certification for the ASHRAE Standard 90.1-2007 positive determination; therefore, a state may file just one certification to address both determinations. The certification must include a demonstration that the provisions of the state's commercial building energy code or standard regarding energy efficiency meet or exceed ASHRAE Standard 90.1-2010 and be filed by July 20, 2013.
Certifications or Requests for Extension of Deadlines, solely with regard to ASHRAE Standard 90.1-2010, will be due to DOE by October 18, 2013. All states have two years to adopt ASHRAE Standard 90.1-2010 or upgrade their existing commercial building codes or standards to meet or exceed its requirements.
Information on Commercial Energy Code Determinations (DOE)
The 1992 Energy Policy Act (EPAct) required all states to review and consider adopting national model energy efficiency standards for new and renovated commercial and residential buildings. The Energy Policy Act of 2005 amended EPAct to specify the most current model energy codes: the International Energy Conservation Code (IECC) and ASHRAE Standard 90.1.
With each new edition of ASHRAE Standard 90.1, the U.S. Department of Energy (DOE) issues a determination based on techincal analysis whether the new edition will improve energy efficiency in commercial buildings. DOE has one year to publish the determination after the newest edition of the standard is published. Determination results are published in the Federal Register.
If DOE determines that the newest version of ASHRAE Standard 90.1 is more energy efficient than the previous version, states are required by EPAct to certify that their commercial building energy code or standard meets or exceeds the requirements of the new standard within two years of the publication of the determination.
Once DOE issues an affirmative determination, it must provide technical assistance and incentive funding to states to:
- Review and update state energy codes or standards; and
- Implement, enforce, and evaluate compliance with state energy codes or standards.
DOE also must permit certification extensions if the state demonstrates a good faith effort to comply with its requirements and has made significant progress toward compliance.