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DOE/EE RIN: 1904-AF52 Publication ID: Fall 2023 
Title: Determination of Energy Savings for Commercial Buildings based on ANSI/ASHRAE/IES Standard 90.1-2022 

Section 304(b) of the Energy Conservation and Production Act (ECPA), as amended, directs the Department of Energy (DOE) to review updated editions of the national model energy code for commercial buildings, ANSI/ASHRAE/IES Standard 90.1, and issue a determination as to whether the updated code will increase energy efficiency in commercial buildings. Upon publication of an updated edition of Standard 90.1, the Secretary must make a determination, not later than 12 months after such revision, whether the revised code would improve energy efficiency in commercial buildings, and must publish notice of such in the Federal Register. (42 U.S.C. 6833(b)(2)(A)) If the Secretary determines that revision to the commercial code would improve energy efficiency then, not later than two years after the date of the publication of the affirmative determination, ECPA then requires each state to certify that it has reviewed and updated its commercial building code regarding energy efficiency in accordance with the revised standard for which the Secretary has made a positive determination. (42 U.S.C. 6833(b)(2)(B)(i)) Such certification must include a demonstration that the provisions of such State's commercial building code regarding energy efficiency meet or exceed such revised standard.

Agency: Department of Energy(DOE)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: None     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 U.S.C. 6833   
Legal Deadline:
Action Source Description Date
Final  Statutory  DOE must issue its determination within 12 months of the publication of the latest version of ASHRAE 90.1. ASHRAE 90.1-2022 published in January of 2023  01/01/2024 
Action Date FR Cite
Final Action  01/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jeremy Williams
Building Technologies Office
Department of Energy
1000 Independence Avenue SW,
Washington, DC 20585
Phone:202 287-1941