“Outcome-based Pathway” – The New Mandate for Energy Compliance?

The following addition is being proposed to the International Green Construction Code (IgCC).


“The building community needs a better baseline of actual building performance against which to measure progress. More importantly, the application and use of prescriptive criteria must be eliminated in favor of stated performance goals or expected outcomes (although, after setting those goals or outcomes, prescriptive guidance to achieve them can be developed).”  – NIBS


60X.1 Outcome‐based requirements. Compliance for buildings and their sites to be designed on an outcome
basis shall be determined by actual measurement of all the energy being used once the building and the
energy using elements associated with the building site are in full operation in accordance with Equation 6‐3.
Where a building has multiple occupancy types, the maximum allowable energy use shall be based on total
gross floor area of each occupancy type in relation to the total gross floor area of all occupancy types within
the building. All buildings and their sites utilizing these Outcome‐Based Pathway Requirements shall comply
with the International Energy Conservation Code. Compliance shall be determined based on a determination
of actual energy use in accordance with this section.
Exception: Buildings having one or more uses or occupancies not listed in Table 60X.1 or where a mixed use
building per the International Building Code includes any occupancies not shown in Table 60X.1, shall not be
eligible to demonstrate compliance with this code in accordance with Section 60X.
60X.1.1 zEPI. All outcome‐based designs shall demonstrate a zEPI of not more than 51 as determined in
accordance with Equation 6‐3.
zEPI = 100 (EUIa / EUIr) (Equation 6‐3)
EUIa = the Actual Annual Energy Use Index for the building and building site expressed
in accordance with Section 60X.1.2 and Equation 6‐4.
EUIr = the Reference Annual Energy Use Index for the building use and occupancy in
Table 60X.1 as adjusted by Section 60X.1.3 where applicable
Climate Zonea 1A 2A 2B 3A 3B 3B 3C 4A 4B 4C 5A 5B 6A 6B 7 8
Use and Occupancyb Reference EUIr skBtu/sf/yr
Business (B)
Office 154 159 154 151 124 140 137 167 144 152 179 155 190 176 208 282
Bank 154 159 154 151 124 140 137 167 144 152 179 155 190 176 208 282
Medical Office (non
115 119 115 113 93 104 102 125 108 114 134 116 148 131 156 210
Storage (S‐2)
105 67 69 66 52 64 55 75 70 66 87 81 104 95 119 186
Mercantile (M)
Grocery/Food Store 448 476 452 484 434 450 473 522 479 514 554 511 592 561 633 758
Assembly (A)
Library (A‐3) 234 232 224 230 193 217 209 254 228 235 275 246 304 277 327 434
Educational (E)
140 139 134 134 111 128 124 149 132 132 160 141 182 161 193 274
Institutional (I‐2)
417 422 397 408 394 388 407 425 366 398 425 374 439 394 446 532
a. Climate zones as determined in accordance with by Section C301 of the International Energy Conservation Code.
b. Use and occupancy as determined by Chapter 3 of the International Building Code.
60X.1.2 Actual energy use intensity (EUIa). The actual energy use intensity (EUIa) of the building and
building site shall be expressed in accordance with this section of the code. On‐site renewable energy
generation in excess of the generation requirements of Section 610 may be included in the calculation of
the EUIa.
The EUIa shall be determined in accordance with Equation 6‐4 and Sections 60X.1.2.1.
EUIa = AEUconsumption – AEUrenewable
TCFA (Equation 6‐4)
EUIa = the energy use intensity of the building and building site
AEU consumption = the annual energy consumed by the building and building site from all forms of
energy defined in Sections 603.3.1 through 603.3.6 and converted to source Btus in accordance
with Sections 602.1.2.2 and 602.1.2.3.
AEU renewable = the annual energy produced by onsite renewable energy systems in excess of the
production required by Section 610 and converted to source Btus by multiplying onsite Btu
production by a factor of 1.
TCFA = the total conditioned floor area of the building as defined in Section C202 of the
International Energy Conservation Code.
60X.1.2.1 Measurement of AEUs. The AEUs shall be determined from metering, utility billing or
other form of measurement in accordance with Section 603.
60X.1.3 Reference energy use intensity (EUIr). The reference energy use intensity shall be determined
utilizing Table 60X.1. The EUIr value from Table 60X.1 shall be adjusted based on the monthly weighted
average percentage of occupied floor area during the 12‐month compliance period as documented in
accordance with 60X.3.2. For buildings with multiple use or occupancy designations in Table 60X.1, the
EUIr shall be adjusted based on the weighted area average of the use or occupancy.
60X.2 Annual direct and indirect CO2e emissions. The emissions associated with the EUIa shall be less than or
equal to the CO2e emissions associated with the CO2e emissions in accordance with the EUIr determined in
Section 60X.1.3. The CO2e emissions calculations for the building and building site shall be determined in
accordance with Sections 60X.2.1 and 60X.2.2 and Equation 6‐5.
CO2ea ≤ (CO2er x zEPI) / 100 (Equation 6‐5)
zEPI = the minimum score as prescribed by Section 60X.1.1
CO2ea = emissions associated with the EUIa of the building as determined in accordance with Section
CO2er = emissions associated with the EUIr as determined in accordance with Section 60X.1.3
60X.2.1 Onsite electricity. For the purpose of determining compliance with the provisions of Section
60X.2, the CO2e emissions associated with onsite electricity use shall be calculated in accordance with
Section 602.2.1.
60X.2.2 Onsite nonrenewable energy. For the purpose of determining compliance with the provisions of
Section 60X.2, the CO2e emissions associated with onsite non‐renewable energy use shall be calculated in
accordance with Section 602.2.2.
60X.3 Compliance
60X.3.1 Issuance of Temporary Certificate of Occupancy. Upon the satisfaction of the code official of
compliance with all code provision other than those covered in Section 60X, the official shall issue a
Temporary Certificate of Occupancy as authorized in Section 111.3 of the International Building Code.
60X.3.2 Reporting of Energy Use and CO2e Emissions. Within 36 months of issuance of the temporary
certificate of occupancy, the building owner shall provide the AHJ with documentation, in a form
acceptable to the code official and certified by a registered design professional, of a continuous 12‐month
period where the building meets requirements of Sections 60X.1 and 60X.2. The occupancy or use type for
the occupied period utilized in Section 60X.1.3 shall be indicated in the documentation and include, at a
minimum, the time periods and square footage of the building occupied by all building tenants.
60X.3.3 Certificate of Occupancy. Upon compliance with Section 60X.3.2, the building shall be issued a
Certificate of Occupancy.
60X.3.4 Non‐Compliance. Should the building owner fail to comply with Section 60X.3.2, the owner shall
be deemed non‐compliant and be issued a violation.

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Reducing the Federal Government Real Property Footprint 2012 – Civilian Property Realignment Act – CPRA – H.R. 1734

The  “Civilian Property Realignment Act,” (CPRA) H.R. 1734, a bill  to reduce the size of the federal government’s footprint and save taxpayers billions of dollars through realignment and consolidation of the federal real estate portfolio was just passed (February 7, 2012) by the U.S. House of Representatives and is headed for the U.S. Senate.

The bill was introduced by Representative Jeff Denham, R-A, chair of the Subcommittee on Economic Development, Public Buildings and Emergency Management, and had thirty-one (31) House member co-sponsors.

Federal Real Property Bill

The White House Office of Management and Budget estimates that the benefit to taxpayers from passage of the proposed legislation will be at least US$15 billion.  A one-time appropriation of US$88 million is called for, after which proceeds from the sale of excess federal properties would be used to repay the treasury and provide taxpayers a 60% windfall on any property sold.

“I believe the potential to save billions of dollars is real,” said Denham. “Given our trillion dollar deficit and skyrocketing debt, we must examine every area of government and look for ways to cut spending. My bill establishes a nine person Civilian Property Realignment Commission to take politics out of the process, increase transparency and save billions of taxpayer dollars.”

Life-cycle costs are also a component of the legislation via arequirement that  federal agencies conduct a full life cycle cost analysis of any building design, construction, or operations and maintenance projects.

The federal government is the largest single property owner in the United States and has the opportunity and resources to lead the way in  the development and implementation of integrated building operation, maintenance, and space utilization practices.


Why Focus on High-Performance Buildings?

From the materials produced to construct buildings and the energy used to operate them, buildings consume vast amounts of resources and are responsible for nearly half of all greenhouse gas emissions. High-performance buildings, which address human, environmental, economic and total societal impact, are the result of the application of the highest level design, construction, operation and maintenance principles—a paradigm change for the built environment.

  • Our homes, offices, schools, and other buildings consume 40% of the primary energy and 70% of the electricity in the U.S. annually.
  • Buildings consume about 12% of the potable water in this country.
  • The construction of buildings and their related infrastructure consume approximately 60% of all raw materials used in the U.S. economy.
  • Buildings account for 39% of U.S. CO2 emissions a year. This approximately equals the combined carbon emissions of Japan, France, and the United Kingdom.
  • Americans spend about 90% of their time indoors.
  • Poor indoor environmental quality is detrimental to the health of all Americans, especially our children and elderly.
  • Residential and commercial building design and construction should effectively guard against natural and human caused events and disasters (fire, water, wind, noise, crime and terrorism).
  • The U.S. should continue to improve the features of new buildings, and adapt and maintain existing buildings, to changing balances in our needs and responsibilities for health, safety, energy efficiency and usability by all segments of society.

H.R.3371 – Legislation Introduced to Save Money, Improve Energy Usage in Federal Buildings

H.R.3371  – To produce high-performance Federal buildings through an improved approach to building utilization, design, construction, and operations and maintenance, and for other purposes.

Sponsor: Rep Carnahan, Russ [MO-3] (introduced 11/4/2011)      Cosponsors (15)  Latest Major Action: 11/4/2011 Referred to House committee.  Status: Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Legislation addresses ways to achieve high-performance buildings:  life-cycle cost analysis, integrated design processes, building information modeling (BIM) and building commissioning.

•Use of  life-cycle cost analysis to assure that overall spending on design, construction and operations and maintenance reflects the best use of agency funds. Consideration of total cost of ownership of their buildings, including operating costs.

•Access to the tools and techniquesto facilitate the development of high-performance buildings:  building information modeling (BIM), commissioning and integrated design processes, to assure that buildings are designed and operate with the greatest levels of efficiency.

•Share results, lessons learned and case studies from federal buildings to improve both public and private sector buildings, thus saving money while improving performance.

•Update regulations for the use of energy and water in federal buildings to reflect the most current codes and standards being used in the private sector.


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H.R.3371  – To produce high-performance Federal buildings through an improved approach to building utilization, design, construction, and operations and maintenance, and for other purposes.

Sponsor: Rep Carnahan, Russ [MO-3] (introduced 11/4/2011)      Cosponsors (15)

Latest Major Action: 11/4/2011 Referred to House committee.

Status: Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

The Top Three Requirements for Sustainability – High Performance Buildings & Green

1. Facility Life-cycle Management – Visibility into accurate building information from concept to design, bidding, procurement, construction, repair, renovation, maintenance, and demolition is a basic requirement for both new and existing buildings in order to impact sustainability on any type of broad scale.  Associated physical and functional conditions, costs, and what-if analysis tools are just an examples of the information needed.

2. Efficient Project Delivery Methods. The best high performance building concepts, for new or existing buildings, are of no value if they can not be implemented in a timely, cost-effective, and quality manner.   The AEC sector is notorious for waste, poor planning, and lack of efficient business processes.   “Newer” construction delivery methods such as IPD – Integrated Project Delivery and JOC – Job Order Contracting must be employed on a widespread basis.

3. Performance-Based Building Codes and Legislation. Existing buildings are responsible for the lion’s share of carbon output and energy consumption.  Current green initiatives in the private and public sector have been mostly “window dressing”, and strong legislation is required, inclusive of ongoing monitoring and associated incentives and penalties.

High Performance Building Legislation – 2010 – Cities and Town

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City and Town Governments continue to push legislation requiring high performance buildings.

-1- Ord. 2010-42Presented by:   The ManagerIntroduced:

Drafted by:

J.W. HartleORDINANCE OF THE CITY AND BOROUGH OF JUNEAU, ALASKASerial No. 2010-42An  Ordinance  Amending  the  Land  Use  Code  To  RequireConstruction and Renovation of Municipal Public Facilities toMeet a Sustainable Building Standard.  WHEREAS, the City and Borough anticipates that it will be facing unprecedentedincreases in fuel and electricity rates in the future; andWHEREAS, in the United States, buildings account for 12.2 percent of freshwateruse, 38 percent of carbon dioxide (CO2) emissions, 40 percent of material use, and 39percent of energy use; andWHEREAS,  the  City  and  Borough  desires  to  reduce  it’s  building  operating  andmaintenance costs, provide a healthy and productive indoor work environment for itsemployees and the public, promote the community’s ongoing economic vitality, andsupport energy efficiency; andWHEREAS, the City and Borough recognizes that the practice of sustainability, asit relates to buildings, is the use of key resources like energy, water, materials and landin a more efficient manner than simply constructing buildings to code; and1234567891011121314151617181920212223242526-2- Ord. 2010-42WHEREAS,  building  sustainability  creates  healthier  work,  learning,  and  livingenvironments  with  more  natural  light  and  cleaner  air,  contributing  to  improvedemployee and student health, comfort, and productivity; andWHEREAS, the LEED (Leadership in Energy and Environmental Design) RatingSystem  is  a  third-party  certification  system  developed  by  the  United  States  GreenBuilding Council.  This system quantifies sustainable design, and awards rankingsbased on achievement; andWHEREAS, these third-party certification systems are not expected to significantlyimpact CBJ staffing; andWHEREAS, government is ultimately responsible for leading by example and settinga community standard for the sustainable planning, design, construction, renovationand   operation   of   buildings   to   support   economic,   social,   and   environmentalsustainability.NOW, THEREFORE, BE IT ENACTED BY THE ASSEMBLY OF THE CITY AND BOROUGH OFJUNEAU, ALASKA:Section 1.   Classification. This ordinance is of a general and permanent natureand shall become a part of the City and Borough Code.//////1234567891011121314151617181920212223242526-3- Ord. 2010-42Section 2.   Amendment  of  Chapter.    CBJ  49.35  Public  Improvements, isamended  to  add  a  new  section,  CBJ  49.35.800  Sustainable  building  standards  forconstruction and renovation of buildings, to read:49.35.800 Sustainable building standards for construction and renovation ofbuildings.(a)  New construction and renovation of existing buildings and facilities  by the Cityand Borough.  The City and Borough shall construct and renovate its public facilitiesand buildings to sustainable building standards through the use of the U.S. GreenBuilding Council’s Leadership in Energy and Environmental Design (LEED) ratingsystem, and shall be responsible for ensuring that public facilities and buildings meetthe requirements as set out in this section and are operated accordingly.(1)  LEED shall be the quantitative measurement for how well standards aremet;(2)  All public facilities and buildings utilizing municipal funds and costingover  $5,000,000  (either  general  or  bonded),  including  new  privateconstruction  for  Municipal  leasing  or  renting,  shall  be  designed  andconstructed in such a fashion as to achieve a minimum level of LEEDCertified;(A)  The City and Borough Engineering Department shall determine ifattainment of specific LEED credits will be required within the creditspursued  for  LEED  Certification.    These  required  credits  shall  bedocumented in CBJ policy and shall be reviewed and updated each1234567891011121314151617181920212223242526-4- Ord. 2010-42time a new version of the LEED standard is issued.  Such update shalloccur within three months of the issuance of a new LEED standard.(b)  Application.  The sustainable building standards for municipal buildings andfacilities,  including  but  not  limited  to,  the  Juneau  School  District,  the  JuneauInternational  Airport,  and  Bartlett  Regional  Hospital,  shall  apply  to  facilities  andbuildings where the principal use is regularly occupied space, including, but not limitedto, buildings occupied for office, retail, classroom, healthcare, or assembly purposes.(1)  As  used  in  this  section,  occupied  means  a  facility  or  building  whoseprimary  purpose  is  for  people  to  work,  assemble,  or  intend  to  remainwithin  to  perform  functions  (other  than  routine  maintenance)  of  theprincipal use of the building.  Industrial facilities, such as maintenance,warehouse, and vehicle storage, are excluded from this section.Section 3.   Exception  Procedure.    If  the  Manager,  with  the  consent  of theAssembly, after consideration of the recommendation of the Sustainability Commission,determines that it would not be economically feasible to satisfy the prerequisites forLEED Certification in the case of a specific project, that project shall be exempt fromthe requirement for LEED Certification.////////////1234567891011121314151617181920212223242526-5- Ord. 2010-42Section 4.   Effective Date.  This ordinance shall become effective on July 1,2011.  Existing projects with fully executed contracts for design services on the effectivedate shall be exempt from this ordinance.Adopted this      day of                2010.____________________________Bruce Botelho, MayorAttest:____________________________Laurie J. Sica, Clerk