[Federal Register Volume 73, Number 232 (Tuesday, December 2, 2008)]
[Notices]
[Pages 73311-73314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28564]


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DEPARTMENT OF ENERGY


Formal Recognition of High-Performance Green Building Partnership 
Consortia

AGENCY: U.S. Department of Energy (DOE), Office of Energy Efficiency 
and Renewable Energy.

ACTION: Request for submission of qualifications; request for comment.

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SUMMARY: The Building Technologies Program (BTP), within DOE's Office 
of Energy Efficiency and Renewable Energy, is seeking submissions from 
qualified groups for formal recognition as High-Performance Green 
Building Partnership Consortia under section 421 of the Energy 
Independence and Security Act of 2007 (EISA), Public Law No. 110-140. 
Groups seeking recognition will need to satisfy the representation 
qualifications as stated in paragraph (f) of that section. DOE's 
recognition of a group as a consortium will not guarantee any Federal 
funding. Further, DOE is requesting comment on possible factors for 
consideration in future competitive selection of an entity as a 
supporting consortia and potential research, development, and 
deployment partnerships.

DATES: Letters from groups seeking recognition must be received at the 
address below no later than February 2, 2009. Comments on potential 
future competitive selections must be received at the address below no 
later than February 2, 2009.

FOR FURTHER INFORMATION CONTACT: Drury B. Crawley, Commercial Buildings 
Team Lead, U.S. Department of Energy, Office of Building Technologies, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. E-mail: 
[email protected]; telephone: (202) 586-2344.

SUPPLEMENTARY INFORMATION:

Background

    The 4.7 million commercial buildings in the Unites States have a 
collective footprint of about 74 billion square feet. The public and 
private sectors annually spend $286 billion on new capital construction 
and $177 billion for building renovation. Commercial buildings' energy 
demand, including lighting, heating, cooling, water heating, 
ventilation, and electronics, consume 18 percent of the Nation's 
primary energy, and 35 percent of its electricity. Commercial buildings 
in the United States consume 18 quads \1\ annually--a total annual 
``utility bill'' of more than $155 billion.
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    \1\ Quad is a quadrillion BTU and equals 1015 BTU. 
See the 2007 Buildings Energy Data Book, Chapter 6: Quad 
Equivalents, internet link at: http://buildingsdatabook.eren.doe.gov/?id=view_book&c=6.
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    Considering construction, renovation, and energy expenditures, 
Federal, State, and local governments and individuals invest over half 
a trillion dollars per year in the commercial sector of the built 
environment.

Energy Independence and Security Act of 2007

    Sections 421, 422, and 423 of the Energy Independence and Security 
Act of 2007 address the development of commercial high-performance 
green buildings. (42. U.S.C. 17081, 17082 and 17083) Section 421 of 
EISA directs the Secretary of Energy to appoint a Director of 
Commercial High-Performance Green Buildings (Commercial Director). (42

[[Page 73312]]

U.S.C. 17081(a)) One of the duties of the Commercial Director is to 
formally recognize one or more groups that qualify as High-Performance 
Green Building Partnership Consortia (``Partnership Consortia''), which 
then are to be consulted in developing a report to Congress. (42 U.S.C. 
17081(f)(1) and (g)) Section 422 establishes an initiative to develop 
and disseminate technologies, practices, and policies for the 
development and establishment of net-zero energy commercial buildings, 
with the goal of all commercial buildings being net-zero energy 
commercial buildings by 2050. (42 U.S.C. 17082(c)) The section 422 
initiative is to be carried out in conjunction with a competitively 
selected High Performance Green Building Consortium (``Supporting 
Consortium''). (42 U.S.C. 17082(d)) Additionally, the section 422 
initiative may include cost-shared research, development, and 
deployment programs to carry out the objectives of the initiative. (42 
U.S.C. 17082(d)) Section 423 of EISA outlines a public outreach program 
for supporting the Net-Zero Energy Commercial Building Initiative. (42 
U.S.C. 17083)

Commercial Building Initiative

    DOE announced its ``Net-Zero Energy Commercial Building 
Initiative'' (CBI) on August 5, 2008.\2\ The CBI announcement 
designated the Building Technologies Program (BTP) Manager as the 
Director of the High Performance Green Commercial Building Office, and 
indicated that the CBI activities will be carried out by the BTP 
program. The CBI is a multi-faceted effort designed to achieve the 
goals set forth in EISA section 422(c) and the public outreach 
activities in Section 423. Section 422(c) establishes as goals of the 
CBI the development and dissemination of technologies, practices, and 
policies for the development and establishment of net-zero energy 
commercial buildings for:
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    \2\ While section 422 of EISA uses the term ``Zero Net Energy'' 
in describing the initiative, DOE has historically used the term 
``Net-Zero Energy.''
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    (1) Any commercial building constructed in the United States by 
2030;
    (2) 50 percent of the commercial building stock of the United 
States by 2040; and
    (3) All commercial building in the United States by 2050.

(42 U.S.C. 17082(c)(1)-(3))

    The CBI is designed to overcome the technical challenges, market 
barriers and institutional constraints inhibiting rapid and broad 
adoption of technologies, tools, processes and practices required to 
achieve net-zero energy performance levels in commercial buildings. To 
the extent resources are made available, DOE's CBI will engage in cost-
shared research, development, demonstration activities, engaging and 
leveraging the capabilities in the private sector through national 
energy alliances, working with national accounts with significant 
building portfolios, through partnerships with standards and code 
setting bodies, as well as with state and local governments.
    Another component of the CBI is the DOE's National Laboratory 
Collaborative on Building Technologies, a joint project of BTP and five 
National Laboratories. The Collaborative empowers the labs and DOE to 
work closely together to set priorities for research and combine 
capabilities in working towards greater energy efficiency in support of 
CBI. DOE anticipates bringing the strengths of its National 
Laboratories to bear to help solve technical challenges, and to assist 
in accomplishing the broad goals of CBI.
    The CBI will include and align existing DOE programs to advance 
net-zero energy buildings. In February 2008 DOE launched the Retailer 
Energy Alliance, an independent association of retailers that share and 
develop energy-saving ideas and technologies. This Alliance is a 
flagship activity of the CBI. Under the CBI, the Department plans to 
launch several more energy alliances in the commercial real estate and 
institutional sectors over the next year.
    This Federal Register notice requests submissions from groups 
seeking to be formally recognized as Partnership Consortia under 
section 421 of EISA.

Partnership Consortia

    DOE has placed a high priority on reducing the continued upward 
trend in energy use in commercial buildings. To that end, DOE plans to 
formally recognize Partnership Consortia that represent the public and 
private sectors in public-private partnerships to promote high-
performance green buildings and net-zero energy commercial buildings.
    DOE will obtain information on the current status of the industry 
through meetings with the formally recognized Partnership Consortia. 
The information gathered from the Partnership Consortia will be 
considered in developing the biennial report to Congress required under 
section 421(g) of EISA. (42 U.S.C. 17081(g)) The report required under 
section 421(g) of EISA is a summary of the status of the commercial 
building initiative and the status of related State and local level 
activities. The report will not be the basis for DOE action.
    DOE will post the name, contact information, and membership of each 
formally recognized partnership consortium on its website for 
reference. No specific collaborative activities beyond those described 
above between the Commercial Director and the Partnership Consortia are 
planned at this time. DOE's recognition of a group as a Partnership 
Consortium will not guarantee any Federal funding.

Requirements for Formal Recognition of a Partnership Consortium

    Formal recognition of a group as a partnership consortium requires 
that the group satisfy the representation qualifications in section 
421(f)(2) of EISA as listed below. In addition to the representative-
specific criteria listed, each of the entities seeking recognition as a 
Partnership Consortium should demonstrate the availability of funds to 
participate under section 421 of EISA as section 421 does not authorize 
appropriations for recognized Partnership Consortia.
    Section 421(f)(2) requires that a group seeking recognition as a 
Partnership Consortium must include representation from each of the 
areas further described below. Note that representation qualifications 
that deal with ``high-performance green buildings'' should be 
considered in the context of the statutory definition of that term.\3\
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    \3\ The term ''high-performance green building'' means a high-
performance building that, during its life-cycle, as compared with 
similar buildings (as measured by Commercial Buildings Energy 
Consumption Survey or Residential Energy Consumption Survey data 
from the Energy Information Agency)--
    (A) Reduces energy, water, and material resource use;
    (B) Improves indoor environmental quality, including reducing 
indoor pollution, improving thermal comfort, and improving lighting 
and acoustic environments that affect occupant health and 
productivity;
    (C) Reduces negative impacts on the environment throughout the 
life-cycle of the building, including air and water pollution and 
waste generation;
    (D) Increases the use of environmentally preferable products, 
including biobased, recycled content, and nontoxic products with 
lower life-cycle impacts;
    (E) Increases reuse and recycling opportunities;
    (F) Integrates systems in the building;
    (G) Reduces the environmental and energy impacts of 
transportation through building location and site design that 
support a full range of transportation choices for users of the 
building; and
    (H) Considers indoor and outdoor effects of the building on 
human health and the environment, including--
    (i) Improvements in worker productivity;
    (ii) The life-cycle impacts of building materials and 
operations; and
    (iii) Other factors that the Federal Director or the Commercial 
Director consider to be appropriate.
    (42 U.S.C. 17061(13))

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[[Page 73313]]

    (A) Design professions and national associations of architects and 
engineers. At a minimum, the represented design professions should be 
licensed/certified individuals and/or firms, and represented national 
architectural and engineering associations should represent 
architectural and engineering disciplines necessary for the design of 
commercial high-performance green buildings, including architects, 
mechanical engineers (inclusive of heating, ventilation and air-
conditioning specialists), electrical engineers, and civil engineers. 
Compliance with the design professional criterion can be demonstrated 
through licenses and certifications; and resumes highlighting 
experience with commercial high-performance green building projects. 
Compliance with the national association criterion can be demonstrated 
through association leadership and/or participation in the promotion 
and development of commercial high-performance green building design 
inclusive of public position papers, member activities, training course 
offerings, newsletters, etc., covering the last three years; and 
nationwide membership representing architects and engineers.
    (B) The development, construction, financial, and real estate 
industries. Representation should include one or more companies/firms 
with demonstrated experience in development, construction, finance, and 
real estate. Each participating firm should demonstrate its experience 
in providing development, construction, financing, and/or related real 
estate services for commercial high-performance green buildings. 
Participating companies/firms combined should have experience providing 
services on a nationwide basis.
    (C) Building owners and operators from the public and private 
sectors. Represented private sector building owners and operators 
should include one or more companies/firms that own and operate 
commercial high-performance green buildings. The private sector 
building portfolio should consist of buildings that are geographically 
distributed nationwide. Represented public sector building owners and 
operators should include by one or more local/municipal, State, or 
Federal government entities that own and operate commercial high-
performance green buildings. Nationwide geographic distribution of the 
public sector buildings is desired, and may be achieved through the 
participation of multiple public sector entities.
    (D) Academic and research organizations. \4\ A recognized 
consortium will include representation of academic organizations that 
(when combined) offer curricula and perform research in commercial 
high-performance green building design, development, construction, and 
operations fields. Participating research organizations should 
demonstrate research accomplishments and agendas supporting commercial 
high-performance green buildings. Each represented organization should 
demonstrate the research accomplishments for participating faculty and 
staff in the area of commercial high-performance green buildings. 
Consortium representatives should provide resumes, along with a summary 
of topical publications and presentations inclusive of articles, 
journals, and conference proceedings, etc., with an emphasis on 
commercial high-performance green buildings.
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    \4\ Section 421(f)(2)(D) states that representation of academic 
and research organizations must include at least ``one national 
laboratory with extensive commercial building expertise''. (42 
U.S.C. 17081(f)(2)(D)) DOE is not specifying a consortium's 
representation include at least one national laboratory as the 
national laboratories will be involved through DOE.
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    (E) Building code agencies and organizations, including a model 
energy code setting organization. Representation of building code 
agencies and organizations should include organizations that develop 
and are responsible for the American National Standards Institute 
(ANSI) national standards, and national model code writing 
organizations that recognize ANSI standards and write building-related 
ANSI approved standards.
    (F) Independent high-performance green building associations or 
councils. Represented associations/councils should be national 
organizations that address efficient resource use in the areas of 
developing, promoting, and deploying commercial high-performance green 
buildings.
    (G), (H), and (K) Experts in indoor air quality and environmental 
factors, intelligent buildings and integrated building information 
systems, and the public transportation industry. Consortium 
representatives for each of the required expert areas should provide 
resumes, along with a summary of topical publications and presentations 
inclusive of articles, journals, and conference proceedings, etc., with 
an emphasis on commercial high-performance green buildings.
    (I) Utility energy efficiency programs. Consortia representatives 
should demonstrate experience in designing and administering successful 
regional and/or nationwide energy efficiency programs targeting 
commercial buildings, with emphasis on high-performance green 
buildings.
    (J) Manufacturers and providers of equipment and techniques used in 
high-performance green buildings. A partnership consortium should 
represent manufacturers that research, design, and manufacture 
equipment for commercial high-performance green buildings, and 
organizations that optimize building energy performance and address 
building sustainability.
    (L) Non-governmental energy efficiency organizations. Represented 
non-governmental energy-efficiency organizations should demonstrate 
experience with commercial high-performance green building energy 
efficiency initiatives at the regional and national levels inclusive of 
public awareness campaigns, training courses, and recognized 
partnership programs offering technical assistance.

Application Instructions

    Groups seeking recognition as Partnership Consortia must provide a 
letter of identification to the contact provided in the FOR FURTHER 
INFORMATION CONTACT heading section of this notice. The letter should 
include contact information for the group. DOE will then follow-up 
individually with each group that has submitted a letter to confirm, as 
appropriate, that the group meets the representation qualifications in 
section 421(f)(2). Letters must be submitted within 60 days of the date 
of this publication.

Future CBI Activities

    Section 422 (b)(1) of EISA further directs DOE to conduct a ``Zero 
Net Energy Commercial Building Initiative'', and, under section 
422(b)(2), to competitively select a Supporting Consortium to assist 
DOE in developing and carrying out the initiative. (42 U.S.C. 
17082(b)(1) and (2)) The Supporting Consortium is distinct from the 
Partnership Consortia. A future competitive solicitation will be used 
to select the Supporting Consortium and will not restrict eligibility 
for selection to Partnership Consortia that apply for recognition under 
this Federal Register Notice. DOE is considering the use of the 
following factors as part of the competitive selection for the 
Supporting Consortium:
     Breadth of representation of the commercial building 
industry.
     Plan for managing the membership of the consortium.

[[Page 73314]]

     Demonstrated experience of the organization in organizing 
and managing technical meetings and program reviews, and
     Ability of organization to provide technical expertise for 
project and technical reviews.
    Additionally, DOE is considering a solicitation, under section 
422(d) of EISA, for cost-shared RD&D partnerships which may include:
     An agreement to build at least one new commercial building 
prototype at 50 percent energy savings and retrofit at least one 
existing commercial building to achieve 30 percent savings. (New 
commercial building targets will increase to 70 percent for 2015 and 
net-zero for 2018.)
     Cost-shared testing, evaluation, and demonstration of 
technologies and approaches.
     Carrying out pilot programs and demonstration projects to 
evaluate replicable approaches.
    DOE requests comment on the initial criteria being considered for 
the competitive selection of the Supporting Consortium and the cost-
shared RD&D partnerships. Comments should be sent to the contact 
identified in the FOR FURTHER INFORMATION CONTACT section.

    Issued in Washington, DC, on November 14, 2008.
John F. Mizroch,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
 [FR Doc. E8-28564 Filed 12-1-08; 8:45 am]
BILLING CODE 6450-01-P