POLICIES TARGETING NEWLY CONSTRUCTED
BUILDINGS
BUILDING ENERGY CODES
Building codes are jurisdictions' primary tool for regulating the design and
construction of new buildings and renovation projects.
Most states or cities across the country have comprehensive policies in place to
ensure that newly constructed buildings meet certain requirements, mainly in the
form of building energy codes. Thus far, energy codes and BPS policies have been
considered separately by stakeholders —energy codes apply to new construction
(but come into play during specific events such as major retrofits and equipment
updates) whereas BPS laws apply to existing buildings. However, all new
construction becomes "existing" once the certificate of occupancy is issued
subjecting them to BPS requirements, so owners and architects of new buildings
should design them with future building performance standards in mind.
****An assumption may be made that because a building is "new construction", it
will be ready to meet an impending BPS target, but that may not be the case,
especially depending on what energy code is in place. Most jurisdictions have not
adopted the most recent model energy code (the 2021 IECC or ASHRAE 90.1-2019),
which would put buildings in the best position to achieve BPS targets, and many
jurisdictions do not update the code every cycle. Further, given the length of the
design and construction process, a building coming online may not be built to the
code version currently in effect.
