U.S. Government Taking Activist Role In Building Energy Issues

By Scott Kriner, Green Metal Consulting

We are living in exciting and very interesting times. Watching how the three branches of the federal government operate and reading about changes to our laws have always been interesting past times of mine. But now, we are watching legislation being written that has a real impact on our industry. Not just in terms of tax issues or labor issues but on programs that are very specific to products within our industry.

Historically, the construction industry had to deal with the national code and standards bodies to influence their position on issues related to energy or performance. Then that situation got more complicated when states and local municipalities started to adopt their own energy codes and/or standards programs. That made it more difficult to approach the larger number of entities since it was no longer being driven by a national organization like ASHRAE or ICC. And now we face an even greater challenge when the industry has to influence Congress when legislation is being written that impacts on the use of construction materials.

An excellent example of this is the Energy Policy Act of 2005. Yes, that legislation had wide sweeping measures to address the nation’s energy situation. But it also contained tax incentives that were very specific to certain products. The metal roofing industry enjoyed an exclusive tax credit awarded to homeowners who installed a prepainted ENERGY STAR labeled cool metal roof. Metal roofing was the only roofing product singled out in the definition of energy efficient improvements for residential structures. There was a significant effort on the part of the industry to introduce that language into the EPAct 05 but it was the beginning of more specific references to construction products.

The language related to cool metal roofing was then amended somewhat in the American Recovery and Reinvestment Act of 2009 when the tax credits were extended and expanded in scope. Cool granulated asphalt shingle roofing products were added to the cool metal roofing references in the tax incentive extensions from previous legislation.

And now amidst the swirl of legislation in Congress on energy, finances, stimulus, and climate change, we see that the House of Representatives introduced a bill aimed at creating incentives to retrofitting the built community. Congressman Peter Welch (D-VT) just introduced a bill that would provide financial incentives to homeowners and businesses to reduce their energy use. The bill, "The Retrofit for Energy and Environmental Performance (REEP)", would fund state and municipal governments to provide funding for improving the energy performance of existing buildings.

The proposed legislation directs the Department of Energy and the Environmental Protection Agency to develop guidelines and manage financing for the national energy efficiency program. For fiscal years 2010, 2011, 2012 and 2013, $2.5 billion per year is being proposed for the financial incentives. Homeowners and businesses could qualify for direct cash incentives, interest rate subsidies and credit support based on the percentage increase in energy efficiency they achieve:

The legislation is based upon the proposal developed by the Natural Resources Defense Council, Alliance to Save Energy and the American Council for an Energy Efficient Economy.

What is interesting in this proposed legislation is that one of the elements of the bill is a requirement that “the building retrofits conducted pursuant to a REEP program, as appropriate especially in all air-conditioned buildings, shall use roofing materials that demonstrate the following: 

a) on residential single family homes and other buildings with slanted roofs...
     a. for fiberglass asphalt shingle roofing, an initial solar reflectance of 0.30 or higher, or
     b. for all other roofing materials an initial solar reflectance of 0.40 or higher, and

b) on commercial buildings and all buildings with flat roofs, roofing materials with...
     a. an initial solar reflectance of 0.70 or higher
     b. a solar reflectance value 3 years after installation of 0.55 or higher, and
     c. a thermal emittance of 0.80 or higher.”

The REEP bill would provide financial incentives for energy reduction as determined by whole building analyses, and provide financial rewards for reducing potable water usage, and for the use of renewable energy. There are also financial incentives for environmental improvements to existing buildings in the area of indoor air quality, natural lighting, and renewable materials.

Did you ever think that the US Congress would be debating criteria for solar reflectance and thermal emittance of roofing in a spending bill? We are witnessing the morphing of voluntary green building programs such as LEED and Green Globes, with regulatory programs such as energy codes and standards, into legislative mandates that could become the law of the land.

So once again there will be a call to arms within the metal construction industry to address the provisions being proposed in legislation. The challenges get greater and greater, stretching the resources of the various trade associations and organizations that represent the construction market. Who knows - we might someday find ourselves deciding between two candidates running for office in Congress based on their knowledge of the impact of roofing and wall assemblies on building’s energy consumption. The world is truly turned upside down.

Scott Kriner is the president and founder of Green Metal Consulting Inc. He is a LEED Accredited Professional who began his career in the metal construction industry in 1981. His company is a member of the U.S. Green Building Council, the California Association of Building Energy Consultants and the Residential Energy Services Network (RESNET). Scott can be reached by email at skriner1@verizon.net, or by phone at (610) 966-2430. You can also visit him on the web at www.greenmetalconsulting.com.  

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