Inflation Reduction Act
Implementation Tracker
The Inflation Reduction Act provides nearly $370 billion in funding for clean energy and climate initiatives, provisions its backers say will reduce emissions by 40 percent compared with 2005 levels by 2030.
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What's in the Inflation Reduction Act for Buildings?
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Now that the bill has been signed into law, federal agencies are rushing to implement it. The decisions they make will have a massive impact on whether the bill meets its energy goals.
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BuildingAction is launching this Implementation Tracker to help the building community stay up to date with how the IRA is being turned from legislation to reality.
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If you have questions about the Tracker, please contact us.
White House
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White House Announces Net-Zero Game Changers Initiative
The Biden administration released a new report Nov. 4 that identifies five initial priorities that will help enable the United States to meet the President’s goal of cutting greenhouse gases (GHGs) by 50-52% in 2030 and get to net-zero emissions by no later than 2050. To drive innovation of these technologies, the Administration is also launching the Net-Zero Game Changers Initiative.
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The Net-Zero Game Changers Initiative accelerates game-changing climate innovations helping the United States meet the President’s goal to reach net-zero emissions by no later than 2050. To launch the initiative, the White House Climate Policy Office, Office of Science and Technology Policy, and Office of Management and Budget are jointly releasing a new report, U.S. Innovation to Meet 2050 Climate Goals, which describes 37 game-changing R&D opportunities identified across Federal agencies. The priorities include opportunities for near-term wins, investments in underserved communities through the Justice40 initiative, and long-term transformation of the energy system.
The Administration will jump-start clean energy innovation with five near-term priorities:
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Efficient Building Heating and Cooling: Building heating, ventilation, and air conditioning (HVAC) is responsible for more than half of residential building energy use and nearly a fifth of commercial building energy use. While buildings in the United States have become more efficient in recent years, most existing heating and cooling equipment is still inefficient and uses climate-warming refrigerants, which hurts consumers and contributes to climate change. Innovative technologies such as highly efficient heat pumps and advanced refrigerants could address many issues simultaneously. In addition to GHG reductions, the benefits of successful innovation for efficient heating and cooling include significantly reducing indoor air pollution, tripling or quadrupling energy efficiency, bolstering domestic manufacturing, supporting good paying jobs in our communities, promoting national and energy security, and lowering household energy bills. Further innovation — paired with the financial incentives in President Biden’s Inflation Reduction Act — will help reduce upfront costs of these appliances and make the clean option the easiest option.
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Net-Zero Power Grid and Electrification: The original U.S. electricity grid was not designed for today’s requirements, including supporting widespread electrification of vehicles, new appliances, and industrial processes; deploying widespread renewables; and withstanding the impacts of climate-induced extreme weather. To ensure the availability of clean, affordable, and reliable electricity while rapidly electrifying new parts of the economy to reduce our dependence on fossil fuels, we need to fundamentally transform the planning and operations of distribution and transmission grids by 2050. The grid of the future must be able to sense and adapt to changing electricity demand and external factors in real time, all while we decarbonize and expand the grid’s total capacity. Besides enabling electrification and integration of clean power sources, these innovations will also reduce the total cost of reaching net-zero emissions across the economy and increase grid resilience.
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Among other provisions, the EO establishes the White House Office on Clean Energy Innovation and Implementation within the Executive Office of the President, which shall coordinate the policymaking process with respect to implementing the energy and infrastructure provisions of the Act and other essential initiatives. The White House Office on Clean Energy Innovation and Implementation shall have a staff headed by the Senior Advisor for Clean Energy Innovation and Implementation; shall have such staff and other assistance as may be necessary to carry out the provisions of this order, subject to the availability of appropriations; and may work with established or ad hoc committees and interagency groups.
White House Announces New Buy Clean Actions
The White House announced new actions Sept. 15 under its Federal Buy Clean Initiative to spur the development of low-carbon construction materials made in America. Transportation Secretary Pete Buttigieg, U.S. General Services Administration Administrator Robin Carnahan, and Deputy National Climate Advisor Ali Zaidi announced the Federal Government will prioritize the purchase of key low carbon construction materials, covering 98% of materials purchased by the Federal Government.
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White House Clean Energy IRA Site
The White House has also launched a new consumer-focused IRA website to provide updates on the implementation of the law. The new website provides consumers with information on how to avail themselves of several of those tax incentives either “right now” or “next year,” with a focus on incentives for installing rooftop solar on a home, making homes and appliances more energy efficient, replacing furnaces or air conditioners with more efficient products, and buying an electric vehicle.
Department of Energy
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Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings
The Department of Energy (“DOE”) is publishing a supplemental notice of proposed rulemaking (“SNOPR”) to establish revised energy performance standards for the construction of new Federal buildings, including commercial buildings, multi-family high-rise residential buildings, and low-rise residential buildings per the Energy Conservation and Production Act (“ECPA”), as amended by the Energy Independence and Security Act (“EISA”) of 2007. This document presents an updated proposal with a new focus that accounts for the needs of Federal agencies and the goals of President Biden's Administration and responds to comments received on prior notice of proposed rulemaking (“NOPR”) and SNOPR documents. Consistent with the requirements of ECPA and EISA, this document presents revised Federal building energy performance standards that would require reductions in Federal agencies' on-site use of fossil fuels (which include coal, petroleum, natural gas, oil shales, bitumens, tar sands, and heavy oils) consistent with the targets of ECPA and EISA and provides processes by which agencies can petition DOE for the downward adjustment of said targets for buildings.
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DOE will accept comments, data, and information regarding this SNOPR no later than February 21, 2023.
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The U.S. Department of Energy's (DOE) Office of State and Community Energy Programs (SCEP) invites public input for its Request for Information (RFI) number DE-FOA-0002885 regarding the solicitation process and structure of future DOE Funding Opportunity Announcements (FOA) to fund the Energy Auditor and Career Skills Training (EAT and CST) grant programs, in accordance with the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL). This RFI also seeks public input on the State-Based Home Energy Efficiency Contractor Training program (Contractor Training Program), as set forth in the Inflation Reduction Act (IRA). The information collected from this RFI will be used by DOE for planning purposes to develop one or multiple potential FOAs related to these programs.
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Responses to the RFI must be received no later than 5:00 p.m. EDT on January 26, 2023.
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DOE has announced nearly $9 billion will be available to states and Tribes from the Inflation Reduction Act for consumer home energy rebate programs, enabling communities to make homes more energy efficient, upgrade to electric appliances, and cut energy costs.
From November through January, DOE will hold a series of listening sessions to engage a wide array of stakeholders, including direct engagement with states and Tribes, labor, industry, and others, on these consumer rebate programs. Following the listening sessions, DOE will issue a Request for Information for public input in early 2023. DOE anticipates that the funding to states and Tribes will be available by Spring 2023, and the rebates will be available to the public later in the year.
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The U.S. Department of Energy (DOE) and the Office of Manufacturing and Energy Supply Chains (MESC) is issuing this NOI to notify interested parties of its intent to support domestic manufacturing of electric heat pumps using Title III of the Defense Production Act (DPA) and to describe the proposed funding approach for participation by eligible entities in the electric heat pumps industry. DOE also seeks comment from all stakeholders through this RFI regarding the application process, examples of eligible projects, potential funding sizes required, and criteria for qualification and selection of eligible projects to participate in the electric heat pumps DPA program. The Inflation Reduction Act (IRA) appropriated $500 million to carry out DPA activities, which will remain available until September 2024. DOE will use $250 million of the appropriated DPA funds to support manufacturing and deployment of electric heat pumps. Electric heat pumps are one of the technologies for which the President issued a determination under the DPA on June 6, 2022.
Responses were due no later than 5:00 p.m. (ET) on December 2, 2022
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Request for Information: Defense Production Act
The U.S. Department of Energy (DOE) announces the notice of availability (NOA) and invites public comment on its request for information on the Defense Production Act (DPA), which will inform how the DPA authority provided to DOE through Presidential Determinations could best be used as a tool to accelerate manufacturing and deployment of clean energy technologies to bolster national defense, tackle climate change and environmental justice, and improve employment opportunities and broader economic prosperity for Americans. This RFI invites public comment on general use of DPA authority as well as potential program activities and/or designs addressing four of the five technology areas announced by the President on June 6, 2022: transformers and critical electric grid components; solar photovoltaics; insulation materials; and electrolyzers, platinum group metals, and fuel cells for clean hydrogen. Consistent with the intent of Congress, DOE plans to use $250 million of funds appropriated by the Inflation Reduction Act (IRA) to support the fifth and final technology area for which the President issued a determination under the Defense Production Act on June 6, 2022, electric heat pumps. Thus, use of DPA Title III for heat pumps will be addressed in a separate, forthcoming DOE announcement for which public input will be sought.
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Responses were due no later than 5:00 p.m. (ET) on November 30, 2022.
GSA, DOE Issue RFI for Technologies for Net-Zero Carbon Buildings
The U.S. General Services Administration (GSA), in collaboration with the U.S. Department of Energy (DOE), announced a new request for information (RFI) about technologies that will help achieve net-zero carbon buildings. Specifically, the RFI seeks input from industry on technologies that help reduce greenhouse gas (GHG) emissions of commercial buildings, improve grid resiliency, and have significant potential for equitable and broad adoption in the U.S. marketplace.
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The RFI was open for submissions until Friday, December 9, 2022.
Environmental Protection Agency
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The EPA is expanding the Recommendations of Specifications, Standards and Ecolabels for Federal Purchasing (Recommendations) and is seeking managers of standards development organizations, ecolabel programs, and associated conformity assessment bodies to apply for potential assessment and inclusion in the Recommendations. Interested applicants should electronically submit responses to the scoping questions. Those considering applying are invited to attend a webinar hosted by the EPA's Environmentally Preferable Purchasing (EPP) Program to learn more and ask questions about the assessment process. Once all applications are received, EPA will issue an estimated timeline for full assessments against Sections I through IV of the Framework for the Assessment of Environmental Performance Standards and Ecolabels for Federal Purchasing (Framework). The number of full assessments that EPA can perform will depend on the number of applicants and available resources.
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Department of the Treasury
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On November 29, 2022, Treasury and IRS, in coordination with the Department of Labor, issued initial guidance on the prevailing wage and apprenticeship requirements of the Credit Enhancements. The issue of guidance on November 29, 2022 starts the 60-day period, meaning the prevailing wage and apprenticeship requirements will be operative after January 30, 2023.
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IRS Asks for Comments on Upcoming Energy Guidance
The Internal Revenue Service has issued six notices asking for comments on different aspects of extensions and enhancements of energy tax benefits in the Inflation Reduction Act. The IRS anticipates that constructive comments from interested parties will aid the agency in drafting the guidance items most reflective of the needs of taxpayers entitled to claim energy credits.
The Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) plan to issue guidance regarding the provisions of §§ 25C, 25D, 45L, and 179D of the Internal Revenue Code (Code), as amended by §§ 13301, 13302, 13304, and 13303, respectively, of Public Law 117-169, 136 Stat. 1818 (August 16, 2022), commonly known as the Inflation Reduction Act of 2022 (IRA). This notice requests general comments on questions arising because of these amendments, as well as specific comments involving questions listed in section 3 of this notice. Comments received in response to this notice will help to inform the development of guidance implementing §§ 25C, 25D, 45L, and 179D.
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The IRS requested that those interested in providing feedback to the questions in the notices follow the instructions in the notices to reply by November 4, 2022.
Request for Comments on Certain Energy Generation Incentives
The Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) plan to issue guidance regarding the provisions of §§ 45, 45U, 45Y, 48, and 48E of the Internal Revenue Code (Code), as amended or added by §§ 13101, 13105, 13701, 13102, and 13702, respectively, of Public Law 117-169, 136 Stat. 1818 (August 16, 2022), commonly known as the Inflation Reduction Act of 2022 (IRA). This notice requests general as well as specific comments on issues arising under §§ 45, 45U, 45Y, 48, and 48E. Comments received in response to this notice will help to inform development of guidance implementing §§ 45, 45U, 45Y, 48, and 48E.
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The IRS requested that those interested in providing feedback to the questions in the notices follow the instructions in the notices to reply by November 4, 2022.
The Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) plan to issue guidance regarding the provisions of §§ 30C, 45, 45L, 45Q, 45U, 45V, 45Y, 45Z, 48, 48C, 48E, and 179D of the Internal Revenue Code (Code), as amended or added by Public Law 117-169, 136 Stat. 1818 (August 16, 2022), commonly known as the Inflation Reduction Act of 2022 (IRA). This notice requests comments on general as well as specific questions pertaining to the prevailing wage, apprenticeship, domestic content, and energy community requirements for increased or bonus credit (or deduction) amounts under those respective provisions of the Code. Comments received in response to this notice will help to inform development of guidance implementing the provisions of the IRA relating to §§ 30C, 45, 45L, 45Q, 45U, 45V, 45Y, 45Z, 48, 48C, 48E, and 179D.
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The IRS requested that those interested in providing feedback to the questions in the notices follow the instructions in the notices to reply by November 4, 2022.
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Department of Housing and Urban Development
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Green and Resilient Retrofit Program: Request for Information
In response to the passage of the Inflation Reduction Act of 2022, HUD is currently designing a new program, the Green and Resilient Retrofit Program (GRRP), and expects to make multiple rounds of funding available to support energy, and water efficiency retrofits and climate resilience of HUD-assisted multifamily properties. Through this Request for Information (RFI), HUD is seeking input on funding rounds as well as on utility benchmarking. Information provided in response to this RFI will inform prioritization of work, treatment of cost-benefit analyses, and key design elements that will help ensure program goals are met.
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Comments were requested on or before October 27, 2022. Late-filed comments will be considered to the extent practicable.
General Services Administration
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GSA, DOE Issue RFI for Technologies for Net-Zero Carbon Buildings
The U.S. General Services Administration (GSA), in collaboration with the U.S. Department of Energy (DOE), announced a new request for information (RFI) about technologies that will help achieve net-zero carbon buildings. Specifically, the RFI seeks input from industry on technologies that help reduce greenhouse gas (GHG) emissions of commercial buildings, improve grid resiliency, and have significant potential for equitable and broad adoption in the U.S. marketplace.
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The RFI was open for submissions until Friday, December 9, 2022.
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Request for Information: Photovoltaic Systems
The General Services Administration (GSA) is seeking information from industry on the availability of domestically manufactured solar photovoltaic (PV) panels and components and feasibility of requiring the use of such PV panels and components for future projects.
GSA seeks to learn more from industry regarding the use of domestically manufactured PV panels and components in contract types including: Power Purchase Agreements (PPA), Energy Savings Performance Contracts (ESPC), Utility Energy Service Contracts (UESC), solar array development contracts, and other acquisition vehicles depending on future need. This RFI is also being issued in anticipation of future projects that may be funded by the Inflation Reduction Act (IRA) (Pub. L. 117-169). GSA is particularly interested in the impacts of this initiative on underserved or disadvantaged communities.
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Comments were accepted until November 18, 2022.