23 June 2009
Dewey & LeBouef (Washington, D.C.)—What is often overlooked in the American Clean Energy and Security Act legislation that is moving through Congress are the new rules for energy efficiency in building construction and renovation which, according to Dewey & LeBouef, “…may have a profound effect on the real estate market for years to come.”
“The bill mandates new federal, state, and local building codes to achieve energy reduction for construction of new buildings. It also provides national standards and unspecified financial incentives for energy-efficient retrofitting of existing buildings. The new building rules are requirements, whereas the retrofit program is at the owner’s election – a combination of financial “carrots” and “sticks” for the nation’s building owners.”
According to Dewey & LeBeouf, Aces will require that these targets be part of a national energy efficiency building code which local and state governments must adopt, or create their own which meets or exceeds the energy efficiency of the national code.
“There are additional awards for potable water savings, enhanced
awards for buildings in or eligible for listing in the National Register of Historic Places, and, for commercial buildings, additional awards for ‘other environmental attributes’ of retrofits, such as use of recycled materials.”
The legislation creates national energy efficiency targets:
- 30% reduction in energy use 2009-2013 (new residential and commercial)
- 50% reduction by 2014 (new residential) and 2015 (new commercial)
- Additional reductions after 2014
Aces also outlines incentives for retrofits to commercial and residential structures. Aces requires the development of a national energy efficiency building code. State and local governments must adopt this code, or create their own code which meets or exceeds the outlined targets.
Dewey & LeBeouf outline issues with the ACES legislation that must be addressed including,
- Penalties For Non-Compliance,
- Professional and Contractor Liability Issues; Insurance Issues
- Appeals, Variances, Rulings, Interpretations
- Incentives for Retrofit; Enforcement Issues
- Increase the Retrofit Awards for Large Residential Building
Source: http://www.deweyleboeuf.com/ (Reliability 7 )
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