ADVANCE NOTICE: The Department of Energy (DOE) filed a notice to stay the May 1, 2025 Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings (CER) compliance date until May 1, 2026.
Though it is not intended or expected, should any discrepancy occur between the document shared here and the document published in the Federal Register, the Federal Register publication controls. This document is being made available through the Internet solely as a means to facilitate the public's access to this information.
Questions? Send an email to Clean Energy Rule Info.
The Federal Energy Management Program (FEMP) plays a key role in helping agencies understand and meet the federal building energy efficiency standards for agencies' new construction and major renovation projects. These standards include base building efficiency as defined in the CFR by subpart A of 10 CFR 433 and 10 CFR 435, commonly referred to as the "residential" and "commercial" rules, respectively. This also includes the Clean Energy Rule for qualifying projects as defined by subpart B of 10 CFR 433 and 10 CFR 435. The Clean Energy Rule supplements both the base commercial and residential rules, transitioning new buildings and major renovations away from on-site fossil fuel derived energy consumption.
Federal Building Energy Efficiency Standards
Every new federal building must be designed to meet the energy efficiency standards set forth in either 10 CFR 433 or 10 CFR 435.
| New Federal Commercial and Multi-Family High-Rise Residential Buildings | New Federal Low-Rise (Less than Three Stories) Residential Buildings |
|---|---|
| 10 CFR 433 | 10 CFR 435 |
Legislative Mandate
Per Section 305 of the Energy Conservation and Production Act (ECPA), as amended, the U.S. Department of Energy (DOE) is required to determine whether energy efficiency standards for new federal buildings should be updated to reflect revisions to voluntary industry standards (ASHRAE 90.1 for commercial and multi-family high-rise residential buildings, and the International Energy Conservation Code (IECC) for low-rise residential buildings). Section 305 of ECPA additionally requires that federal buildings be designed to achieve energy consumption levels that are at least 30% beyond the codified federal standards, where life cycle cost-effective. These requirements are detailed in 10 CFR 433 (Commercial Rule) and 10 CFR 435 (Residential Rule). Further, Section 109 of the Energy Policy Act of 2005, 42 USC 6834 directed DOE to establish revised federal building energy efficiency performance standards.
Commercial Rule
The current version of Standard 90.1 required for federal buildings is Standard 90.1-2019.
Formal Rulemaking Docket: EERE-2022-BT-STD-0012
Residential Rule
The current version of IECC required for federal buildings is IECC 2021.
Formal Rulemaking Docket: EERE-2022-BT-STD-0013
Federal Clean Energy Rule
Certain federal new construction and major renovations must reduce or eliminate on-site consumption of fossil fuels, in addition to meeting the baseline energy efficiency requirements.
Read the final Clean Energy Rule and the Technical Support Document.
Legislative Mandate
Section 433 of Energy Independence and Security Act (EISA) 2007 directs DOE to establish, by rule, revised federal building energy efficiency performance standards for new buildings and major renovations such that certain federal buildings shall be designed to reduce on-site fossil fuel-generated energy consumption, as compared to a similar building in Fiscal Year (FY) 2003:
- By 90% for new construction or major renovation in FY 2025–FY 2029.
- By 100% for new construction or major renovation in FY 2030 or later.
This rule applies to new construction and major renovations that exceed certain cost thresholds:
- For federally owned public buildings (as defined in statute), the threshold is approximately $3.6 million in 2024 dollars.
- For federally owned non-public federal buildings, the threshold is approximately $3.8 million in 2024 dollars.
- For leased federal buildings (both public and non-public buildings), the threshold is approximately $1.8 million in 2024 dollars.
The Clean Energy Rule focuses on on-site combustion of fossil fuels only (scope 1 emissions):
- Applies to fossil fuel use in building operational end-uses only.
- Does not allow renewable electricity to offset on-site fossil fuel use.
- Excludes industrial and manufacturing process loads.
Implementation Guidance and Petition Process
ADVANCE NOTICE: The Department of Energy (DOE) filed a notice to stay the May 1, 2025 Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings (CER) compliance date until May 1, 2026.
Though it is not intended or expected, should any discrepancy occur between the document shared here and the document published in the Federal Register, the Federal Register publication controls. This document is being made available through the Internet solely as a means to facilitate the public's access to this information.
Questions? Send an email to Clean Energy Rule Info.