Committee on the Environment

By Gina Bocra, AIA

Zero Code, released in April, is Architecture 2030’s proposal to guide jurisdictions to a different model building energy standard for new commercial, institutional, and mid- to high-rise residential buildings, one that is intended to achieve zero-net-carbon (ZNC) buildings. It’s based on ASHRAE 90.1-2016, which leading jurisdictions will be adopting over the next year or two. If you also read that as many jurisdictions will not be adopting it anytime soon, you would be correct; despite law that requires states to maintain an energy code that is consistent with the national standard, many states are one or two cycles behind, and some are even farther. But, one beautiful aspect of the new Zero Code is that it could actually be based on any energy standard; it’s not exclusive.  A handy calculator has been created to assist the building team predicting their renewable energy needs based on a number of codes, so maybe it’s a matter of adjusting the math.

Many jurisdictions have set zero-net-energy or zero-net-carbon goals.  New York City has not; zero-net-carbon is presented with many challenges in dense urban environments.  Under the leadership of Mayor de Blasio and the City Council, Local Law 32 of 2018 went into effect in January, requiring that the City mandate an energy code by 2019 that is about 12 percent more stringent than ASHRAE 90.1-2016.  It also requires that later adoption cycles continue to ratchet up stringency, so that by 2025, the New York City Energy Conservation Code may target a Passive-House-like level of performance for new, large buildings (perhaps close to zero-net ready, but at least 30 percent below ASHRAE 90.1-2013). NYC’s next code will include specific metrics, such as EUI limits, focused on reducing consumption of various building types.  Zero Code, rather than a direct mandate for increased energy stringency or limits on consumption, instead requires the owner to engage in procurement of renewables, either on-site or off, to offset the energy consumption of the building. There are other factors that must be addressed before it “results in ZNC buildings,” as is stated on the Zero Code website.  We must get there, but there is other work to be done.

First, regardless of what zero-net-energy, zero-net-carbon, or energy efficiency standards have been adopted by a State or local jurisdiction, they are relatively fruitless if there is little to no enforcement of such standards. Unfortunately, this is the case in many jurisdictions. These activities require funding and expertise that many municipalities simply do not have, and as such, communities continue to operate on the honor system of energy code compliance. Along with consideration for more stringent energy efficiency standards or zero-net-carbon mandates, serious consideration must be given to how communities are going to enforce the standards through plan examinations and inspections to arrive at an energy efficiency outcome.

Second, the industry is constantly catching up on how to comply with a moving target.  We know that energy codes must change to result in better performing buildings. In NYC, buildings account for about 75 percent of our carbon emissions. We would only be fooling ourselves if we thought that this was not absolutely necessary. But, the reality is that the industry of stakeholders is not prepared for this transition. Current energy codes are not well-understood, especially when it comes to the fact that the devil is in the details. Just one example- thermal bridging abounds, and the model energy codes still don’t address it very well.  It doesn’t matter if we are talking prescriptive path or performance. Buildings are not perfectly constructed in the field, either; and many builders are unfamiliar with the impacts of their decisions when it comes to post-approval modifications of insulation or equipment, and how seemingly incidental changes impact whole-building compliance. And, too many owners do not value energy efficiency. A jurisdiction cannot adopt a regulation such as Zero Code without a campaign to help educate the designers, builders, and owners about the many decisions they make that can impact the outcome on building energy performance. While it is improving, we see the evidence every day that the industry has a ways to go first. And, then you tackle renewables.

Zero Code is not a building energy code, at least, not in the traditional sense. It is a mechanism to make building owners responsible for transforming the energy industry.  It begs the question- who should be responsible for reducing carbon and cleaning up the grid, the utility companies that produce and deliver energy, or the consumers who buy it and use it, or some combination of both. Zero Code provides a jurisdiction with a useful tool to consider that question, but it remains to be seen how a municipality will effectively mandate a renewable energy requirement as a condition for a building permit.