ASHRAE Journal - November 2010 - 78

washington report

energy Legislation stalled C
By Mark ames

Action Delayed, Desire Remains

ongress was at one time poised to pass comprehensive energy

legislation that had the potential to impact building standards and

performance in significant ways. However, in light of recent develop-

ments, advocates of comprehensive legislation will likely have to wait until next year or later.
Energy legislation was halted in the aftermath of an intense, multimillion dollar push by supporters and opponents of far-reaching energy legislation that included a barrage of television, radio, print, and online ads, rallies, and meetings on Capitol Hill, interparty disagreements and intraparty regional splits that often stemmed from concerns about the economy and the impact of energy legislation on jobs There was a time, not long ago, when sweeping energy legislation seemed to have a high probability of passage. Both Democrats and Republicans had introduced legislative proposals on this issue, and in some areas, that was bipartisan agreement. Of particular note, many of the major bills would have required ANSI/ASHRAE/IESNA Standard 90.1, Energy Standard for Buildings Except Low-Rise Residential Buildings to achieve an overall energy savings of at least 30%, followed by a 50% savings, with both targets using Standard 90.12004 as the baseline. Subsequent versions of 90.1 that met these targets would be established by the U.S. Department of Energy (DOE) as one of the national model building energy codes and standards. If DOE determined that these targets were not met, they would propose changes that would result in the standards meeting the targets. In the unlikely event
78 ASHRAE Journal

that these proposals are not incorporated into 90.1, DOE would write its own model code or standard that would meet these targets. DOE’s standard would then become the baseline against which future energy efficiency targets are compared. It is unclear what impact such legislation would have on ASHRAE’s consensusbased standards-making process. In efforts to pass energy legislation, the greatest obstacle that, as of late, has proven insurmountable, has been the Senate. The way the 100-member Senate is set up requires support from 60 senators to pass most legislation, and overcome the endless debate delay tactic called a “filibuster.” In addition, any senator can issue a “hold” on legislation that effectively keeps it from being considered. The rules and traditions of the Senate place considerable power in the hands of individual members. Small groups of senators can also band together to exact preferred concessions on legislation, or block bills from being considered. Therefore, without unanimous or near unanimous consent in the Senate, legislation is often not passed. It was this lack of agreement that effectively killed the major legislative proposals in Congress, despite some legislation being passed in the House of Representatives. While many factors are still in play, many sources predict that the chances of
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wide-ranging energy legislation passing will not increase after the November election. The future remains uncertain for energy legislation. Despite this lack of clarity, there is considerable pent-up demand for action at the federal level, and policymakers from both sides of the aisle continue to introduce legislation designed to incentivize energy efficiency retrofits through tax incentives and rebates. Several groups in the building community— ASHRAE included—continue to actively work with members of Congress on these proposals, as well as other bills that pull some of the less controversial provisions from the more controversial and comprehensive energy bills that are being blocked from passage in the Senate. The hope is that tax incentive, rebates, and other proposals will have an easier time passing as stand-alone legislation than as part of a larger legislative package. Congress is drafting several pieces of significant legislation, and while waiting for Congress to act can seem tedious, it is important to keep in mind that considerable action is occurring in the federal agencies and the White House executive offices, and that ASHRAE is engaged in these efforts. Some of the areas of recent focus in Congress and the administration include the smart grid, building performance metrics and databases, zero net energy commercial buildings, certification and training for building personnel, and research and development to help accelerate advances in energy efficiency. Mark Ames is ASHRAE’s manager of government affairs in Washington, D.C. Up-to-date information on ASHRAE’s Government Affairs activities is available at www.ashrae. org/advocacy.
November 2010

ASHRAE Journal - November 2010

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