Building a Green Maryland : Maryland Green Building Lawyer & Attorney : Megan Reuwer : O’Malley, Miles, Nylen & Gilmore Law Firm : MD Green Building, Sustainability

The EPA has recently released new guidelines to accompany ENERGY STAR New Homes Version 3.0 (also known as ENERGY STAR 2011), which will soon go into effect (see the implementation section to follow for more details).  According to the EPA, version 3.0 is designed to address several key areas that were overlooked in previous versions of the ENERGY STAR program. Several ways in which Version 3.0 meets these problem areas are by:

• Requiring third-party inspectors to enforce quality control of installation and commissioning;
• Instituting mandatory requirements for efficient hot water delivery;
• Requiring adoption of the Advanced Lighting Package or use of 80% screw-in ENERGY STAR qualified CFLs; and
• Penalizing "wasteful largeness" by requiring larger-than-average homes to achieve a more stringent HERS index threshold for ENERGY STAR qualification.

To qualify a home under Version 3.0, a home must meet the requirements of four checklists:

1. Thermal Enclosure System Rater Checklist
2. HVAC System Quality Installation Contractor Checklist
3. HVAC System Quality Installation Rater Checklist
4. Water Management System Builder Checklist (or Indoor airPLUS Verification Checklist)

Copies of the checklists are available on EPA’s website via this link.

To be eligible for qualification, a home must also meet the other requirements listed in the national program requirements document, including verification of all requirements by a Rater (the person completeing the third-party inspections required for qualification; this person may be a certified Home Energy Rater, BOP Inspector, or an equivalent designation as determined by a Verification Oversight Organization such as RESNET).

Implementation Schedule for Version 3.0:

Condos and Apartments in Multi-family buildings: Multi-family buildings may take advantage of an extended implementation schedule if they have permits issued before January 1, 2011 and are completed by January 1, 2012. This means that they can be qualified under the older version of ENERGY STAR (2.0: 2006 Guidelines).

Single-family homes: Some single family homes can also be qualified under the older version of ENERGY STAR (2.0: 2006 Guidelines), IF they have permits issued BEFORE January 1, 2011 AND  they are completed by July 1, 2011. If they have permits issued before January 1, 2011, but are not completed until the period between July 2, 2011 and January 1, 2012, then they must meet version 2.5 (this is a transitional version which is composed of the version 3.0 ENERGY STAR Reference Design coupled with the Air Barriers and Air Sealing sections of the Thermal Enclosure Checklist. Under version 2.5, the other inspection checklists shall be completed, but not enforced). If a single family home is not completed before January 1, 2012, then is must adhere to version 3.0.

All homes: If permits are issued AFTER January 1, 2011, and building is completed prior to January 1, 2012, then they must meet version 2.5

All homes: If permits are issued AFTER January 1, 2012, all buildings must adhere to version 3.0.

For more information, be sure to check out the EPA's website on the ENERGY STAR program via this link.

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October 1 was big day in terms of effective dates for new laws impacting the building industry. In addition to the No Net Loss of Forest Policy -Forest Conservation Act (see this prior post for details), October 1 also saw the effective date for SB 625, codified at Md. Code Ann. Public Safety Article §12–501, 12–503, 12–504(a), and 12–505(a)(1). The changes implemented by this law require the Maryland Department of Housing and Community Development to adopt the 2009 International Energy Conservation Code (IECC) as part of the Maryland Building Performance Standards. In turn, local governments must adopt and enforce the most current Maryland Building Performance Standards within six months of the State’s adoption of these Standards.

• According to the U.S. Department of Energy, the 2009 IECC may produce approximately 15% in energy efficiency gains compared to the other most recent edition of the IECC.

These gains may be realized in the form of reduced energy costs to homeowners and commercial building owners, however, these energy savings will also likely come at a cost. As identified in the Fiscal and Policy Note prepared by the Department of Legislative Services, enforcing the 2009 IECC may result in increased construction costs. Specifically, the Note acknowledges that, based on 2005 data from the U.S. Census Bureau, 88.9% of construction firms in Maryland had fewer than 20 employees and 98.1% had fewer than 100 employees. Implementing the requirements of the 2009 IECC may specifically have an impact on these smaller businesses by forcing them to change their commercial and residential construction practices - thereby increasing the cost of doing business. If this increased cost of “doing business” is passed on the residential consumer this will, in turn, impact the affordability of Maryland’s housing stock.

So we're left with several important questions:

1. Are consumers willing to pay more up front for a reduced energy bill in the long run?
2. And, most importantly, how well do energy efficiency gains translate into energy savings, and are these savings really worth the up front cost?

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