Ashrae Journal - November 2008 - (Page 50)

Legislative Year in Review By Ryan M. Colker Climate Change T he 110th Congress is coming to an end, and Washington is preparing for a new administration in the White House. This is an opportune time to review legislation from the past year that impacts the building community and forecast possible legislation in the 111th Congress. Energy Concerns about energy independence and rising costs have caused Congress to focus on energy supply and demand. The legislative direction for 2008 was set with the passage of the Energy Independence and Security Act (EISA) in December 2007. EISA included wide-ranging policies from examining regional standards for HVAC equipment to implementing stringent energy use goals for federal facilities. The debates leading up to passage of EISA also focused on the role of building codes and standards in reducing energy use. One provision which passed the House but was not included in the final bill establishes targets for ANSI/ASHRAE/ IESNA Standard 90.1 and the International Energy Conservation Code (IECC) and requires Department of Energy (DOE) involvement if the targets are not met. The provision has been included in several subsequent bills (including the LiebermanWarner Climate Bill discussed later) and its consideration is likely to continue. EISA also included the establishment of the Commercial Building Initiative (CBI) to help plan and implement the development of net-zero energy buildings. ASHRAE and several other organizations continue to work with DOE to establish a framework for research, development, and deployment. The extension of tax incentives for energy efficiency and renewable energy have been a hot topic. Many of the credits for residential property were allowed to expire at the end of 2007, and the commercial building tax deduction was set to expire at the end of this year. Many attempts were made to extend the incentives, but failed due to disagreements regarding a funding mechanism. As Congress took up economic recovery legislation before the recess, extensions of the expiring credits were included and helped lead to the legislation’s passage. Members of the building community have been working on setting more realistic depreciation schedules for HVAC equipment—decreasing from the existing 39 year schedule to a 20 or 25 year schedule. While several bills were introduced, none were passed. The community will continue to pursue passage of this legislation in the next Congress. In the Senate, 2008 was a historic year for climate change legislation—the Lieberman/Warner Climate Bill was presented on the Senate floor. While the bill quickly died, it likely foreshadows the scope and approach for future climate change bills. The bill included several provisions of interest to the building community including the opportunity to obtain credits for actions performed within the building sector. Also, a separate allocation system was proposed for HFCs with some of the proceeds going to fund research for development of the next generation of refrigerants. The House was more deliberate in its approach to climate change legislation. It established the Select Committee on Energy Independence and Global Warming to examine possible approaches—although legislative authority remained with the Energy and Commerce Committee. Kent Peterson, 2007 – 2008 ASHRAE President, testified before the Select Committee on building codes and green buildings. The Select Committee is set to expire at the end of this session, but may be extended depending on the makeup of the next Congress. Additionally, both presidential candidates have expressed support of a cap-and-trade system for control of greenhouse gas emissions. Therefore, it is likely that such legislation would be considered in the next few years. Other Initiatives This past year also saw the establishment of the HighPerformance Building Congressional Caucus. The caucus was established to provide members of Congress with a resource for information on building related issues from energy efficiency to historic preservation. ASHRAE leads a coalition of private sector organizations who provide support to members of the caucus. During the 110th Congress, Representatives Russ Carnahan (D-Mo.) and Judy Biggert (R-Ill.) serve as cochairs. For more information on the caucus, see www.hpbccc.org. In an effort to encourage broader enforcement of building codes, the House passed the Community Building Code Administration Grant Act. The act would provide grants to building code departments for expanded training of staff, increase staffing, or support certification or accreditation. The Senate had companion legislation, but the measure was never brought to committee. Organizations in support of the legislation will continue to pursue its passage in the next Congress. Ryan M. Colker is ASHRAE’s Manager of Government Affairs in W ashington, D.C. Up-to-date information on ASHRAE’ s Government Affairs activities is available at www.ashrae.org/ advocacy. http://www.hpbccc.org http://www.ashrae.org/advocacy http://www.ashrae.org/advocacy

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Ashrae Journal - November 2008 Contents Commentary Industry News Meetings and Shows Feature Articles Reducing Data Center Energy Consumption Building Sciences Feature Articles Sustainable Nature Center Emerging Technologies Special Products Washington Report Special Supplement: BACnet® Today BACnet® Goes Green Seeing the Light with BACnet® BACnet® on Campus BACnet® for Net Zero Analyzing BACnet® BACnet® at Xerox Campus BACnet® in Europe BACnet® for Green Library BACnet® at the University of Minnesota: Flexibility, Interoperability InfoCenter Product Showplace Classified Advertising Advertising Index

Ashrae Journal - November 2008

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