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HomeMy WebLinkAboutAgenda - Energy Committee - 02/07/2024ENERGY COMMITTEE MEETING AGENDA February 7, 2024 Participation Options In Person: 180 Market Street, Main Floor, Auditorium Assistive Listening Service Devices available upon request Electronically: https://us06web.zoom.us/j/87696112485 Via phone: +1 (312) 626-6799 | Access Code: 876-9611-2485 1. Agenda Review: Additions, deletions or changes in order of agenda items (6:30–6:32 p.m.) 2. Comments and questions from the public not related to the agenda (6:32–6:35 p.m.) 3. *** (Con’t) Review staff memo and attached documents on State of VT EV charging standards and provide input to staff–Nick Atherton, City Planner (6:35 -7:15 p.m.) 4. Events, future and ongoing (7:15–7:45 p.m.) a. Book club update (Fred Kosnitsky) b. Workshop series update (Rob Meader) c. Future events 5. Logo endorsement (7:45–8:00 p.m.) 6. *** Review and approve the minutes of the January 10, 2024 meeting (8:00–8:15 p.m.) 7. Adjourn Respectfully submitted: Nick Atherton City Planner ***Attachments included MEMORANDUM To: South Burlington Planning Commission From: Nick Atherton, City Planner Paul Conner, Director of Planning & Zoning CC: Lou Bresee, Energy Program Manager Date: January 17, 2024 Re: EV charging updates in 2024 RBES & CBES code update What are RBES & CBES? In late 2023, the State of Vermont announced updates to its energy efficiency codes. The Residential and Commercial Building Energy Standards (known, respectively, as RBES or CBES) dictate materials, performance, and design standards for all new construction in Vermont. The codes also apply to many projects involving alterations, repairs, and renovations of existing buildings. The newly updated codes will be enforced starting in July 2024. This memo discusses one area in which this update will impact policymaking and municipal action in South Burlington: electric vehicle charging. EV charging is now included in energy code standards. One new addition in the 2024 RBES and CBES is a requirement to install some type of electric vehicle (EV) charging infrastructure at certain parking spaces serving new buildings. These standards are expressed in minimum numbers of charging-equipped parking spaces and vary according to building type. Why should South Burlington policymakers know this? Increasing use of EVs is a crucial part of South Burlington’s Climate Action Plan. The CAP calls for EVs to replace 75% of existing internal combustion engine (ICE) vehicles in the City by 2030. The accompanying Transportation Implementation Plan identifies the availability and convenience of EV charging as one barrier to greater adoption of EVs in South Burlington, particularly for residents of multi-family housing. The Planning Commission’s FY24 Work Plan calls for the Commission to update LDRs to implement CAP priorities. The Energy Committee received a version of this memo and began a robust discussion of policy implications during their January 10, 2024 meeting. Due to low attendance, however, that discussion and any resulting recommendations have not yet been concluded. The Energy Committee intends to finish this discussion and issue any recommendations at their February 7, 2024 meeting. 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV Staff recommendations It is the opinion of staff that the RBES/CBES updates will be generally sufficient to make progress towards several important CAP goals for the short-term, though periodic monitoring will be necessary to ensure that performance matches goals. Given that the Energy Committee has not yet concluded their discussion, Staff recommend that the Planning Commission take no action at this time and be prepared to revisit the topic in the near future, after the Energy Committee has offered their feedback. Overall 2024 Code Updates (RBES & CBES) Highlights •New definitions for EV charging-enable parking space types •New EV parking quantity standards •Updated exceptions for surface parking •Updated exceptions for underground and garage parking at multifamily buildings New Definitions for parking spaces: •Electric Vehicle Supply Equipment (EVSE): all site-specific, static equipment required to charge an EV. Includes breakers, circuit to junction box, charging stations, and any vehicle- specific adaptors. •EV fast charger: commonly referred to as a Level 3 EV charger. •EVSE space: A parking space that includes a dedicated EVSE connection. •EV ready space: a parking space that is provided with wiring and connection to power that terminates in an outlet or junction box located at the parking space. Allows an EV-specific charger to be installed or plugged in. •EV capable space: a parking space that is provided with infrastructure that allows future installation of EVSE (i.e., conduit and sufficient space on indoor control panels). •Multifamily building garage or covered parking: compliant with EV-capable requirements without installing conduit if physical space and wiring diagrams are sufficient for future upgrades to Level 2 ESVE in required number of spaces. 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV Residential Building Energy Standards (RBES) New parking quantity standards: •At least one (1) EV-capable space or EVSE space is required for each newly constructed housing unit with automobile parking. Table R404.3 has complete details. Calculations are rounded up to the nearest whole number. Quantity table (Table R404.3) Exceptions •Parking spaces for auto sales or service. •Metered parking on public ROW •Short-term parking (<1 hour) •EV Capable Spaces are not required where no parking spaces are provided. Examples Scenario 1: A developer wants to build a 10-unit apartment building. They propose 14 parking spaces: 1 for each unit, and 4 for visitors. To achieve RBES compliance, this developer must provide 11 EV-capable parking spaces. Scenario 2: A developer wants to build a 180-unit apartment building. They propose 260 parking spaces: 1 for each unit, and 80 for visitors. To achieve RBES compliance, this developer must provide at least 200 EV-capable parking spaces. Scenario 3: A developer wants to build 35 single-family homes in a PUD. Each home will have a garage. The developer wants to let future homeowners decide whether and which EVSE to install. To achieve RBES compliance, the developer must build houses with unused space on their electrical panels and garages large enough to accommodate future plug-in charging equipment. 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV Commercial Building Energy Standards (CBES) New parking quantity standards: Quantity table (based on CBES Table C405.13.1) Notes and details •Multiple parking facilities on one site: calculated separately. •Single parking facility shared between multiple building tenants: proportional based on floor area of each tenant. •Level 3 “fast chargers” count for 4 EVSE spaces. •EVSE spaces beyond minimum number required count towards EV-ready and EV-capable minimums. •EV-ready spaces beyond minimum number required count towards EV-capable minimums. •The quantity shall never exceed the number of automobile parking spaces or require more automobile parking spaces to be constructed. Exceptions •Parking facilities, serving occupancies other than R-2 with fewer than 10 automobile parking spaces. •Stand-alone retail stores with fewer than 50 spaces are exempt from the requirement to provide EVSE spaces but are still required to provide EV Ready and EV Capable spaces in Table C405.13.1 if there are 10 or more automobile parking spaces. •Motor liquid fuel-dispensing facilities including gas stations. Building Code Group Example types EVSE spaces EV-ready spaces EV-capable spaces Group A (large and/or frequent gatherings) •Movie theater •House of worship •Courthouse •Sports venue •Bar or restaurant 2%0%20% Group B •General & medical office 6%0%30% Group E •K-12 education 4%0%20% Group F •Light industry 2%0%10% Group H •Heavy industry 2%0%10% Group I •Institutional or carceral facility 2%0%10% Group M •Grocery store •Pharmacy •General retail 2% 0% 20% Group R-1 •Hotel •Single-room occupancy 8%7%50% Group R-2 •Apartment building •Dormitory 0%0%Same as RBES Groups R-3 & R-4 •Assisted living facility (various sizes)3%0%10% Group S •Storage facility 2%0%10% 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV Interaction of RBES/CBES EV charging standards with City policies Document Action Effectiveness Adopt a policy to require all new buildings have the appropriate amount of electric vehicle charging equipment and 200-amp electrical service. HighClimate Action Plan EVs replace 75% of ICE vehicles by 2030 Medium T.1.1: Accelerate Installation of EV Charging at Existing Multifamily Buildings Low T.1.2: New Building EV Charging High Transportation Sector Implementation Plan T.1.3: Closing Gaps in Publicly Accessible EV Charging Network Low Planning Commission FY24 Work Plan Update LDRS to implement CAP targets High Administrative Procedures Adopted Filing - Coversheet ADOPTED RULE # ____________ RECEIVED BY: ________  Coversheet  Adopting Page  Clean text of the rule (Amended text without annotation)  Letter regarding changes to the final proposed Revised January 10, 2023 page 1 Adopted Filing – Coversheet Instructions: In accordance with Title 3 Chapter 25 of the Vermont Statutes Annotated and the “Rule on Rulemaking” adopted by the Office of the Secretary of State, this filing will be considered complete upon filing and acceptance of these forms with the Office of the Secretary of State, and the Legislative Committee on Administrative Rules. All forms shall be submitted at the Office of the Secretary of State, no later than 3:30 pm on the last scheduled day of the work week. The data provided in text areas of these forms will be used to generate a notice of rulemaking in the portal of “Proposed Rule Postings” online, and the newspapers of record if the rule is marked for publication. Publication of notices will be charged back to the promulgating agency. PLEASE REMOVE ANY COVERSHEET OR FORM NOT REQUIRED WITH THE CURRENT FILING BEFORE DELIVERY! Certification Statement: As the adopting Authority of this rule (see 3 V.S.A. § 801 (b) (11) for a definition), I approve the contents of this filing entitled: Vermont Residential Building Energy Standards (RBES) Amendments /s/ June E. Tierney , on 6/21/23 (signature) (date) Printed Name and Title: June E. Tierney, Commissioner, Vermont Department of Public Service Administrative Procedures Adopted Filing – Coversheet Revised January 10, 2023 page 2 1. TITLE OF RULE FILING: Vermont Residential Building Energy Standards (RBES) Amendments 2. PROPOSED NUMBER ASSIGNED BY THE SECRETARY OF STATE 22P 028 3. ADOPTING AGENCY: Department of Public Service 4. RECORDS EXEMPTION INCLUDED WITHIN RULE: (DOES THE RULE CONTAIN ANY PROVISION DESIGNATING INFORMATION AS CONFIDENTIAL; LIMITING ITS PUBLIC RELEASE; OR OTHERWISE, EXEMPTING IT FROM INSPECTION AND COPYING?) No IF YES, CITE THE STATUTORY AUTHORITY FOR THE EXEMPTION: PLEASE SUMMARIZE THE REASON FOR THE EXEMPTION: 5. LEGAL AUTHORITY / ENABLING LEGISLATION: (THE SPECIFIC STATUTORY OR LEGAL CITATION FROM SESSION LAW INDICATING WHO THE ADOPTING ENTITY IS AND THUS WHO THE SIGNATORY SHOULD BE. THIS SHOULD BE A SPECIFIC CITATION NOT A CHAPTER CITATION). 30 V.S.A. § 51 RESIDENTIAL BUILDING ENERGY STANDARDS 6. THE FILING HAS CHANGED SINCE THE FILING OF THE FINAL PROPOSED RULE. 7. THE AGENCY HAS INCLUDED WITH THIS FILING A LETTER EXPLAINING IN DETAIL WHAT CHANGES WERE MADE, CITING CHAPTER AND SECTION WHERE APPLICABLE, INCLUDING CHANGES IN ECONOMIC IMPACT. 8. THE LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES DID NOT OBJECT TO THE FINAL PROPOSAL. 9. PROCEDURAL HISTORY OF ADOPTION: ICAR Filing: 9/23/2022 Proposal Filed with Office of the Secretary of State: 10/27/2022 Notices Posted Online: 11/2/2022 Notices Published in the Newspapers of Record: 11/10/2022 A Hearing WAS Held. Administrative Procedures Adopted Filing – Coversheet Revised January 10, 2023 page 3 Hearings Held (PLEASE USE ADDITIONAL SHEETS TO PROVIDE THE DATE, TIME, AND LOCATION OF ALL HEARINGS, IF THIS FORM IS INSUFFICIENT TO LIST ALL HEARINGS HELD): Date: 12/2/2022 Time: 02:00 PM Street Address: VIRTUAL HEARING, MICROSOFT TEAMS Zip Code: URL for Virtual: https://teams.microsoft.com/l/meetup- join/19%3ameeting_NWMxYjYzOTktNGU4YS00NjEyLThmZmMtYjU5Z mUxYTVlOWFi%40thread.v2/0?context=%7b%22Tid%22%3a%22f824a265-cbc1-4afc-accc-7191c2525f6d%22%2c%22Oid%22%3a%22d26bc85b-e562-4bc5-81ea-2a3b3911df03%22%7d. Date: Time: AM Street Address: Zip Code: URL for Virtual: Date: Time: AM Street Address: Zip Code: URL for Virtual: Date: Time: AM Street Address: Zip Code: URL for Virtual: Deadline for Public Comment: 12/9/2022 Administrative Procedures Adopted Filing – Coversheet Revised January 10, 2023 page 4 Final Proposal — Filed with Secretary of State: 04/25/2023 Filed with LCAR: 04/25/2023 Dates of LCAR Review: 05/25/2023, 06/08/2023, , , Adopted Rule — Filed with Secretary of State: 06/21/2023 Filed with LCAR: 06/21/2023 10. EFFECTIVE DATE: 07/01/2024 (A RULE MAY TAKE EFFECT 15 DAYS AFTER ADOPTION IS COMPLETE OR AT A LATER TIME PROVIDED IN THE TEXT OF THE RULE SEE 3 V.S.A. §845(d) FOR DETAILS). Administrative Procedures Adopting Page Revised January 10, 2023 page 1 Adopting Page Instructions: This form must accompany each filing made during the rulemaking process: Note: To satisfy the requirement for an annotated text, an agency must submit the entire rule in annotated form with proposed and final proposed filings. Filing an annotated paragraph or page of a larger rule is not sufficient. Annotation must clearly show the changes to the rule. When possible, the agency shall file the annotated text, using the appropriate page or pages from the Code of Vermont Rules as a basis for the annotated version. New rules need not be accompanied by an annotated text. 1. TITLE OF RULE FILING: Vermont Residential Building Energy Standards (RBES) Amendments 2. ADOPTING AGENCY: Department of Public Service 3. TYPE OF FILING (PLEASE CHOOSE THE TYPE OF FILING FROM THE DROPDOWN MENU BASED ON THE DEFINITIONS PROVIDED BELOW): • AMENDMENT - Any change to an already existing rule, even if it is a complete rewrite of the rule, it is considered an amendment if the rule is replaced with other text. • NEW RULE - A rule that did not previously exist even under a different name. • REPEAL - The removal of a rule in its entirety, without replacing it with other text. This filing is AN AMENDMENT OF AN EXISTING RULE . 4. LAST ADOPTED (PLEASE PROVIDE THE SOS LOG#, TITLE AND EFFECTIVE DATE OF THE LAST ADOPTION FOR THE EXISTING RULE): SOS LOG #:19—072 Title: Residential Building Energy Standards (RBES) Effective Date: 09/01/2020 State of Vermont Department of Public Service 112 State Street [phone] 802-828-2811 Montpelier, VT 05620-2601 [fax] 802-828-2342 www.publicservice.vermont.gov Louise Corliss June 21, 2023 Office of the Secretary of State 1078 Route 2, Middlesex Montpelier, Vt. 05633-7701 Legislative Committee on Administrative Rules c/o, Legislative Counsel Vermont State House Montpelier, VT 05633-5301 Re: Adopted Rule Filing for Final Proposed Rule 22-P28, Residential Building Energy Standards Amendments Dear Ms. Corliss, The Department of Public Service (“Department”) hereby files its adopted rule, the Residential Building Energy Standards Amendments (“RBES”). The RBES final proposed rule was approved by the Legislative Committee on Administrative Rules (“LCAR”) at its meeting on June 8, 2023, with the Department’s proposal that the effective date for the rule be no earlier than July 1, 2024. While the Department did not specify an effective date in its final proposed rule filing, it had anticipated setting a date of December 1, 2023, in its adopted rule filing. The Department explained this planned effective date to LCAR in a letter on June 2, 2023. Following discussions with LCAR at its meeting on June 8, the Department chose to move the planned effective date to July 1, 2024. LCAR approved the rule with that understanding. The Department has made one change to the rule text since the final proposed filing: all relevant dates throughout the rule have been changed from 2023 to 2024 to reflect the fact that the rule will be effective in 2024. The Department appreciates the assistance and support of the Secretary of State’s Office in implementing the RBES. Please feel free to contact me with any questions or concerns about this letter. Sincerely, /s/ Ben Civiletti Ben Civiletti, Special Counsel Vermont Department of Public Service 112 State Street Montpelier VT 05620 802-622-4388 benjamin.civiletti@vermont.gov 1 2024 Vermont Residential Building Energy Standard AMENDMENTS 112 State Street Montpelier, VT 05620 802-828-2811 https://publicservice.vermont.gov/ 2 These rules are adopted under 30 V.S.A. § 51. This document shall be known and cited as the 2024 Vermont Residential Building Energy Standard Amendments. The 2020 Vermont Residential Building Energy Standards (First Printing: July 2020) published by International Code Council (ICC), Inc., as amended herein, are incorporated by reference and are available on the ICC website at: www.iccsafe.org PREFACE delete and replace Preface as follows: Introduction The 2024 Vermont Residential Building Energy Standards (RBES) is based on the 2020 Vermont Residential Building Energy Standards, which are based on the 2018 and 2015 International Energy Conservation Code® (IECC®). The 2024 RBES also includes 2021 and 2018 IECC energy efficiency requirements as well as select language updates and additional, more stringent Vermont energy efficiency requirements. This comprehensive energy conservation code establishes minimum regulations for energy efficient buildings using prescriptive and performance-related provisions. It is founded on broad- based principles that make possible the use of new materials and new energy efficient designs. The International Energy Conservation Code provisions provide many benefits, among which is the model code development process that offers an international forum for energy professionals to discuss performance and prescriptive code requirements. This model code also encourages international consistency in the application of provisions. Development This 2024 RBES is founded on principles intended to establish provisions consistent with the scope of an energy conservation code that adequately conserves energy; provisions that do not unnecessarily increase construction costs; provisions that do not restrict the use of new materials, products or methods of construction; and provisions that do not give preferential treatment to particular types or classes of materials, products or methods of construction. Background The Vermont Residential Building Energy Standards (RBES) was adopted by statute (30 V.S.A. § 51) in 1997. Act 89 of 2013 established a Stretch Code defined as a building energy code for residential buildings that achieves greater energy savings than the RBES. The stretch code shall be available for adoption by municipalities under 24 V.S.A. §117 and shall apply in proceedings under 10 V.S.A. §151 (Act 250). Update Process 3 The Residential Building Energy Standards statute requires that revisions to the RBES are made promptly after the issuance of updated standards under the International Energy Conservation Code (IECC). The Department of Public Service (PSD) is required to convene stakeholders that include mortgage lenders, builders, building designers, utility representatives, and other persons with experience and expertise prior to the adoption of a revised RBES to provide recommendations. The 2024 RBES is based on the language in the 2015 edition of the IECC and includes efficiency improvements included in the 2018 and 2021 IECC to ensure continued progression in efficiency in the Vermont RBES. The 2024 RBES builds on the “Package Plus Points” approach to code compliance, initiated in 2020. (Previous code compliance was achieved through a “prescriptive package” approach). The addition of “points” provides builders and designers greater flexibility in complying with the RBES. The 2024 RBES also simplified the Packages and makes them applicable to both the Base Code and the Stretch Code, with the only difference being the number of Points needing to be achieved. The 2024 RBES also attempts to better address multifamily construction by aligning the standards between RBES and the Commercial Building Energy Standards (CBES) so that regardless of whether the multifamily building falls under RBES (up to three stories in height) or CBES (buildings four stories or higher), the energy standards should be consistent. The Code Collaborative Process undertaken in 2021 allowed for more in-depth discussions with stakeholders on topics and many of the suggestions are reflected in the 2024 RBES. The Vermont PSD also held a series of stakeholder meetings in 2022 to gather feedback on proposed changes to the RBES. The revisions presented in this document were modified based on input received from these meetings. EFFECTIVE USE OF THE 2024 VERMONT RESIDENTIAL BUILDING ENERGY STANDARDS The 2024 Vermont Residential Building Energy Standards (RBES) is a code that regulates minimum energy conservation requirements for new buildings as well as additions, alterations, renovations, and repairs to existing buildings. The 2024 RBES addresses energy conservation requirements for all aspects of energy uses in residential construction, including heating and ventilating, lighting, water heating, and power usage for appliances and building systems. The 2024 RBES is a design document. For example, before constructing a building, the designer must determine the minimum insulation R-values and fenestration U-factors for the building exterior envelope. The RBES sets forth minimum requirements for exterior envelope insulation, window and door U-factors and SHGC ratings, duct insulation, lighting and power efficiency, mechanical ventilation, and water distribution insulation. Arrangement and Format of the 2024 RBES The 2024 RBES, like other codes published by the International Code Council® (the ICC®), is arranged and organized to follow sequential steps that generally occur during a plan review or inspection. The 2024 RBES is divided into six different parts: 4 Chapters Subjects 1-2 Scope, administration and definitions 3 General requirements 4 Residential energy efficiency 5 Existing buildings 6 Referenced standards The following is a chapter-by-chapter synopsis of the scope and intent of the provisions of the 2024 Vermont Residential Building Energy Standards: Chapter 1 Scope and Administration. This chapter contains provisions for the application, enforcement and administration of subsequent requirements of the code. In addition to establishing the scope of the code, Chapter 1 identifies which buildings and structures come under its purview. Chapter 1 is largely concerned with maintaining “due process of law” in enforcing the energy conservation criteria contained in the body of this code. Only through careful observation of the administrative provisions can the code official or authority having jurisdiction, where one exists, reasonably expect to demonstrate that “equal protection under the law” has been provided. Chapter 2 Definitions. Chapter 2 is the repository of the definitions of terms used in the body of the code. Codes are technical documents and every word, term and punctuation mark can impact the meaning of the code text and the intended results. The code often uses terms that have a unique meaning in the code and the code meaning can differ substantially from the ordinarily understood meaning of the term as used outside of the code. The terms defined in Chapter 2 are deemed to be of prime importance in establishing the meaning and intent of the code text. The user of the code should be familiar with and consult this chapter because the definitions are essential to the correct interpretation of the code and the user may not be aware that a term is defined. Where understanding of a term’s definition is especially key to or necessary for understanding of a particular code provision, the term is shown in italics wherever it appears in the code. This is true only for those terms that have a meaning that is unique to the code. In other words, the generally understood meaning of a term or phrase might not be sufficient or consistent with the meaning prescribed by the code; therefore, it is essential that the code-defined meaning be known. Guidance regarding tense, gender and plurality of defined terms as well as guidance regarding terms not defined in this code is provided. Chapter 3 General Requirements. Chapter 3 provides interior design conditions that are used as a basis for assumptions in heating and cooling load calculations, and provides basic material requirements for insulation materials and fenestration materials, and provides standards for residential mechanical ventilation and combustion safety. Chapter 4 Residential Energy Efficiency. Chapter 4 contains the energy-efficiency-related requirements for the design and construction of residential buildings regulated under this code. It should be noted that the definition of a residential building in this code is unique for this code. In this code, a residential building is an R-2, R-3 or R-4 building three stories or less in height. All other R-1 buildings, including residential buildings greater than three stories in height, are 5 regulated by the energy conservation requirements in the Vermont Commercial Building Energy Standards (CBES). The applicable portions of a residential building must comply with the provisions within this chapter for energy efficiency. This chapter defines requirements for the portions of the building and building systems that impact energy use in new residential construction and promotes the effective use of energy. The provisions within the chapter promote energy efficiency in the building envelope, the heating and cooling system, lighting and the service water heating system of the building. Vermont has adopted a two-tiered code structure with a “Base Code” that applies statewide, and a “Stretch Code” that is more stringent. The Stretch Code applies to all Act 250 development projects and is also available for municipalities that choose to adopt a higher energy standard. Chapter 5 Existing Buildings. Chapter 5 of each set of provisions contains the technical energy efficiency requirements for existing buildings. Chapter 5 provisions address the maintenance of buildings in compliance with the code as well as how additions, alterations, repairs and changes of occupancy need to be addressed from the standpoint of energy efficiency. Specific provisions are provided for historic buildings. Chapter 6 Referenced Standards. The code contains numerous references to standards that are used to regulate materials and methods of construction. Chapter 6 contains a comprehensive list of all standards that are referenced in the code. The standards are part of the code to the extent of the reference to the standard. Compliance with the referenced standard is necessary for compliance with this code. By providing specifically adopted standards, the construction and installation requirements necessary for compliance with the code can be readily determined. The basis for code compliance is, therefore, established and available on an equal basis to the code official or authority having jurisdiction, where one exists, contractor, designer and owner. Chapter 6 is organized in a manner that makes it easy to locate specific standards. It lists all of the referenced standards, alphabetically, by acronym of the promulgating agency of the standard. Each agency’s standards are then listed in either alphabetical or numeric order based on the standard identification. The list also contains the title of the standard; the edition (date) of the standard referenced; any addenda included as part of the ICC adoption; and the section or sections of this code that reference the standard. Italicized Terms Selected terms set forth in Chapter 2, Definitions, are italicized where they appear in code text. Such terms are not italicized where the definition set forth in Chapter 2 does not impart the intended meaning in the use of the term. The terms selected have definitions that the user should read carefully to facilitate better understanding of the code. Marginal Markings Solid vertical lines in the margins within the body of the code indicate Vermont specific additions and changes from the requirements of the 2015 IECC and the 2018 edition. Deletion indicators in the form of an arrow () are provided in the margin where an entire section, paragraph, exception or table has been deleted or an item in a list of items or a table has been deleted. 6 Abbreviations and Notations The following is a list of common abbreviations and units of measurement used in this code. Some of the abbreviations are for terms defined in Chapter 2. Others are terms used in various tables and text of the code. AFUE Annual fuel utilization efficiency ATWHP Air-to-water heat pump bhp Brake horsepower (fans) Btu British thermal unit Btu/h-ft2 Btu per hour per square foot C-factor See Chapter 2—Definitions CDD Cooling degree days CFA Conditioned floor area cfm Cubic feet per minute cfm/ft2 Cubic feet per minute per square foot ci Continuous insulation COP CO2e Coefficient of performance Carbon dioxide equivalent DCV Demand control ventilation °C Degrees Celsius °F Degrees Fahrenheit DWHR Drain water heat recovery DX Direct expansion Ec Combustion efficiency Ev Ventilation efficiency Et Thermal efficiency ECM Electronically commutated motor EER Energy efficiency ratio EF Energy factor ERI EPD Energy rating index Environmental product declaration F-factor See Chapter 2—Definitions FDD Fault detection and diagnostics FEG Fan efficiency grade FL Full load ft2 Square foot GPF Gallons per flush GPM Gallons per minute GSHP Ground-source heat pump GWP Global warming potential HDD Heating degree days HERS Home Energy Rating System hp Horsepower H/ERV Heat or energy recovery ventilation HSPF Heating seasonal performance factor HVAC Heating, ventilating and air conditioning 7 IEER Integrated energy efficiency ratio IPLV Integrated Part Load Value Kg/m2 Kilograms per square meter kW Kilowatt LPD Light power density (lighting power allowance) L/s Liters per second Ls Liner system m2 Square meters MERV Minimum efficiency reporting value NAECA National Appliance Energy Conservation Act NPLV Nonstandard Part Load Value Pa Pascal PF Projection factor pcf Pounds per cubic foot PSD Department of Public Service (Vermont) psf Pounds per square foot PTAC Packaged terminal air conditioner PTHP Packaged terminal heat pump R-value See Chapter 2—Definitions SCOP Sensible coefficient of performance SEER Seasonal energy efficiency ratio SHGC Solar Heat Gain Coefficient SPVAC Single packaged vertical air conditioner SPVHP Single packaged vertical heat pump SRE System recovery efficiency SRI Solar reflectance index SWHF Service water heat recovery factor U-factor See Chapter 2—Definitions VAV Variable air volume VRF Variable refrigerant flow VT Visible transmittance W Watts w.c. Water column w.g. Water gauge 8 CHAPTER 1 ADMINISTRATION PART 1—SCOPE AND APPLICATION SECTION R101 SCOPE AND GENERAL REQUIREMENTS delete and replace R101.1 Title. This code shall be known as the 2024 Vermont Residential Building Energy Standards (RBES) and shall be cited as such. It is referred to herein as “this code.” delete and replace R101.2 Scope. This code applies to residential buildings and the building sites and associated systems and equipment, including one family dwellings, two family dwellings, and multifamily housing three stories or less in height. For the purpose of determining the building type that must comply with the RBES under Vermont statute, a multifamily building is a residential building or mixed-use building with three or more dwelling units three stories or less in height. Multifamily buildings of four stories or more in height must comply with the CBES (from Vermont 30 V.S.A. § 51.) While many sections of this code (e.g., inspections, review of construction documents, compliance, etc.) do not pertain to most of Vermont that lacks a code official or authority having jurisdiction, these sections are included to provide guidance for those jurisdictions that do have a code official or authority having jurisdiction. delete and replace R101.7 Base and Stretch Code. The “Base Code” is the RBES Energy Code that is applicable throughout Vermont, except for projects subject to 10 V.S.A. Chapter 151 (Act 250), and in any municipalities that have adopted the more stringent “Stretch Code.” All Base Code requirements shall be met in addition to the requirements in the Stretch Code section R407 in order to be in compliance with the Stretch Code. delete and replace R101.8 Compliance options. There are three thermal efficiency compliance options: 1. Package Plus Points: For the Base Code and Strech Code, Table R402.2.1.1 lists the options for insulation and fenestration packages. Table R402.1.2.2 lists the additional points required for compliance based on building square footage for both Base Code and Stretch Code, and Table R402.1.2.3 lists the components and respective point values to be used to meet the point requirement in Table R402.1.2.2. 2. REScheckTM: The U.S. Department of Energy’s REScheckTM software. 3. Home Energy Rating System (HERS): A HERS energy rating that demonstrates compliance with Section 406.4 for the Base or Stretch Code based on REM v16.3.3 or later or 9 Ekotrope version 4.0 or later that is accredited by RESNET at https://www.resnet.us/providers/accredited-providers/hers-software-tools/. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION R103 CONSTRUCTION DOCUMENTS delete and replace R103.1 General. Where required, construction documents, technical reports and other supporting data shall be submitted in one or more sets, or in a digital format where allowed by the code official or authority having jurisdiction, where one exists, with each application for a permit. The construction documents and technical reports shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the code official or authority having jurisdiction, where one exists, is authorized to require necessary construction documents to be prepared by a registered design professional. Exception: The code official or authority having jurisdiction, where one exists, is authorized to waive the requirements for construction documents or other supporting data if the code official or authority having jurisdiction, where one exists, determines they are not necessary to confirm compliance with this code. delete and replace R103.2 Information on construction documents. Where required, construction documents shall be drawn to scale upon suitable material. Electronic media documents are permitted to be submitted where approved by the code official or authority having jurisdiction, where one exists. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in sufficient detail pertinent data and features of the building, systems and equipment as herein governed. Details shall include, but are not limited to, the following as applicable: 1. Insulation materials and their R-values. 2. Fenestration U-factors and solar heat gain coefficients (SHGC). 3. Area-weighted U-factor and solar heat gain coefficients (SHGC) calculations. 4. Mechanical system design criteria. 5. Mechanical and service water-heating systems and equipment types, sizes and efficiencies. 6. Equipment and system controls and control strategies. 7. Duct sealing, duct and pipe insulation and location. 8. Air sealing details. 9. Energy code compliance path. 10 SECTION R104 INSPECTIONS delete and replace R104.1 General. Where required, construction or work for which a permit is required shall be subject to inspection by the code official or authority having jurisdiction, where one exists, or his or her designated agent, and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the code official or authority having jurisdiction, where one exists, nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material, product, system or building component required to allow inspection to validate compliance with this code. CHAPTER 2 DEFINITIONS SECTION R202 GENERAL DEFINITIONS add ACCESS (TO). That which enables a device, appliance, or equipment to be reached by ready access or by a means that first requires the removal or movement of a panel or similar obstruction. delete and replace AIR BARRIER. An air barrier is a durable solid (non-porous) assembly that blocks air flow through the building thermal envelope and its assemblies. Air barriers must be continuous, sealed at all joints, penetrations, and interruptions using durable sealants intended for such use and compatible with all adjacent materials, and able to resist pressures without displacement or damage. add BUILDING SHELL AREA. The sum of the area of ceiling, floors, and walls, slab (all “six sides”) separating a dwelling unit’s conditioned space from the exterior or from adjacent conditioned or unconditioned spaces. Wall height shall be measured from the finished floor of the dwelling unit to the underside of the floor above. delete and replace BUILDING SITE. A contiguous area of land that is under the ownership or control of one entity. add CARBON DIOXIDE EQUIVALENT (CO2E). A measure used to compare the impact of various greenhouse gases based on their global warming potential (GWP). CO2e approximates the warming effect of a unit mass of a given greenhouse gas relative to that of carbon dioxide (CO2). add CAVITY INSULATION. Insulating material located between framing members. 11 delete and replace CLIMATE ZONE. A geographical region based on climatic criteria as specified in this code. Vermont is Climate Zone 6. delete DEADBAND. The temperature range in which no heating or cooling is used. add DEMAND RESPONSE SIGNAL. A signal that indicates a price or a request to modify electricity consumption for a limited time period. add DEMAND RESPONSIVE CONTROL. A control capable of receiving and automatically responding to a demand response signal. add DIMMER. A control device that is capable of continuously varying the light output and energy use of light sources. add ELECTRIC VEHICLE CHARGING – LEVEL 2 CAPABLE. Level 2 “capable” includes space in the utility room for panel(s) of at least one minimum 40-ampere branch circuit to be provided to garages and/or the exterior of the building to accommodate a future dedicated Society of Automotive Engineers (SAE) standard J1772-approved Level 2 EVSE with a J1772 connector or NEMA 14-50, or equivalent, within 5 feet of the centerline for each EV charging parking space. A conduit or other unobstructed path to easily run a future wire to the parking spot shall also be provided. add ELECTRIC VEHICLE CAPABLE PARKING SPACE. A parking space with all the requisite infrastructure in place within five feet to allow electrical wiring and connection to power for EVSE. delete and replace ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). Level 2 electric vehicle charging parking that requires one 208/240V 40 amp grounded connection for electric vehicle charging through dedicated EVSE with J1772 connector or AC receptacle, NEMA 14-50, or equivalent, within 5 feet (1524 mm) of the centerline for each EV charging parking space. add GLOBAL WARMING POTENTIAL (GWP). GWP is an index for estimating the relative global warming contribution of atmospheric emissions of 1 kg of a particular greenhouse gas compared to emissions of 1 kg of CO2. The following GWP values are used based on a 100-year time horizon: 1 for CO2, < 10 for pentane (e.g., C5H12), and 1430 for R-134a (CH2FCF3). add GLOBAL WARMING POTENTIAL (GWP) INTENSITY. For the purposes of this document, GWP intensity refers to the GWP impact from materials (kg CO2e) divided by the project’s total conditioned floor area in square feet (ft2). delete HIGH-EFFICACY LAMPS/ LIGHTING. add HIGH-EFFICACY LIGHT SOURCES. Non-linear medium screw- and pin-base lamps with a minimum efficacy of not less than65 lumens per watt; or light fixtures of not less than 65 lumens per watt. In determining the number or percent of lamps, each replaceable lamp (or light string) connected to a permanently installed lighting fixture shall count as one lamp. delete LEVEL 1 ELECTRIC VEHICLE CHARGING. delete LEVEL 2 ELECTRIC VEHICLE CHARGING. 12 delete and replace LIGHTING. See “High-efficacy light sources.” delete and replace MULTIFAMILY DWELLING/BUILDING. A building containing three or more dwelling units where the occupants are primarily permanent in nature and which are adjacent vertically or horizontally. If built side-by-side, at least one of the following is true: (1) they do not have a wall that extends from ground to roof, (2) they share a heating system, or (3) they have interstructural public utilities such as water supply/sewage disposal. add NET ZERO ENERGY READY. A highly efficient and cost-effective building designed and constructed so that renewable energy could offset all or most of its annual energy consumption. add OCCUPANT SENSOR CONTROL. An automatic control device that detects the presence or absence of people within an area and causes lighting, equipment or appliances to be regulated accordingly. add ON-SITE RENEWABLE ENERGY GENERATION. Energy from renewable energy resources that is generated at the building site. add READY ACCESS (TO). That which enables a device, appliance, or equipment to be directly reached without requiring the removal or movement of any panel or similar obstruction. add RENEWABLE ENERGY CERTIFICATE (REC). An instrument that represents the environmental attributes of one megawatt hour of renewable energy; also known as an energy attribute certificate (EAC). delete RENEWABLE ENERGY SOURCES. add RENEWABLE ENERGY RESOURCES. Energy produced using a technology that relies on a resource that is being consumed at a harvest rate at or below its natural regeneration rate including, but not limited to, solar hot water, solar hot air, solar photovoltaics, wind, and hydro. (A) Methane gas and other flammable gases produced by the decay of sewage treatment plant wastes or landfill wastes and anaerobic digestion of agricultural products, byproducts, or wastes shall be considered renewable energy resources, but no form of solid waste, other than agricultural or silvicultural waste, shall be considered renewable. (B) The only portion of electricity produced by a system of generating resources that shall be considered renewable is that portion generated by a technology that utilizes a renewable fuel or energy source. (C) The following fuels shall not be considered renewable energy sources: coal, oil, propane, and fossil natural gas. (D) Biomass is considered renewable. (E) Biodiesel is considered renewable. delete and replace SOLAR ENERGY SOURCE. Source of thermal, chemical, or electrical energy derived directly from conversion of incident solar radiation. 13 delete and replace STRETCH CODE. A building energy code that achieves greater energy savings than the B RBES Base Code. The Stretch Code is required for Act 250 projects and may be adopted by municipalities. add THERMAL DISTRIBUTION EFFICIENCY (TDE). The resistance to changes in air heat as air is conveyed through a distance of air duct. TDE is a heat loss calculation evaluating the difference in the heat of the air between the air duct inlet and outlet caused by differences in temperatures between the air in the duct and the duct material. TDE is expressed as a percent difference between the inlet and outlet heat in the duct. add TINY HOUSE. A detached dwelling unit of less than 400 square feet of floor area excluding lofts. add TYPE III PRODUCT-SPECIFIC ENVIRONMENTAL PRODUCT DECLARATION (EPD). An EPD is a document that describes the results of a life cycle assessment (LCA) for a material or product. While there are industry-specific EPDs, which average results across multiple product manufacturers, product-specific EPDs are the most thorough type of EPD. Type III, product-specific EPDs cover a single product from a manufacturer and are reviewed by a third-party entity. They conform to ISO 14025 and either EN 15804 or ISO 21930. Like all product specific EPDs, the scope must cover the product’s life-cycle from cradle to gate. CHAPTER 3 GENERAL REQUIREMENTS SECTION R302 DESIGN CONDITIONS delete and replace R302.2 Climactic data. The following design parameters in Table R302.2 shall be used for calculations required under this code. Adjustments may be made only in the following cases: 1. Winter heating design temperatures for projects either: i. Located at an elevation of 1,500 feet (457 m) or higher, or ii. Located in Caledonia, Essex or Orleans counties. iii. Adjustments shall be made as listed in the National Climate Data Center for the specific weather station: http://www.ncdc.noaa.gov/cdo-web/. 2. As approved by the code official or authority having jurisdiction, where one exists. 43 4. Multifamily buildings with heating loads less than or equal to 6.0 Btu/h/ft2 at design temperature. Note: Buildings served by the Burlington Electric Department (BED) must also receive approval from BED before installing electric resistance heating equipment. delete and replace R404.3 Electric vehicle charging. One Electric Vehicle Charging - Level 2 Capable parking space or Electric Vehicle Charging - Level 2 EVSE is required for new construction based on Table R404.3. Exception: Electric vehicle parking spaces are not required if one of the following conditions apply: 1. Parking spaces intended exclusively for storage of vehicles for retail sale or vehicle service. 2. Parking spaces are separated from the meter by a public right-of-way 1. Parking spaces which are limited to parking durations of less than one hour. 2. EV Capable Spaces are not required where no parking spaces are provided. Parking spaces with electric vehicle supply equipment (EVSE) shall be marked for EV use only. Exception: The number of parking spaces with EVSE that are marked for “EV use only” need not exceed the number of EV cars driven by occupants of the building. This exception does not reduce the number of EVSE spaces required, just the number that are marked for EV use only. delete and replace TABLE R404.3 REQUIRED LEVEL 2 CAPABLE ELECTRIC VEHICLE CHARGING PARKING SPACES FOR ALL NEW BUILDINGS (BASE CODE and STRETCH CODE) BUILDING/PARKING TYPE MINIMUM REQUIRED NUMBER OF LEVEL 2 CAPABLE EV CHARGING PARKING SPACES Single Family Home or Multifamily Building 1 per dwelling unit or the number of parking spaces provided, whichever is less Additional Parking Spaces 25% of remaining parking spaces not utilized by dwelling units, or 40 spaces, whichever is less For multifamily building garage or covered parking, provide on electrical drawings the appropriate sized pathway to the building electrical room to accommodate a future electrical upgrade for Level 2 EVSE electric vehicle charging; provide adequate wall and floor space in the building electrical room for future EV charging related electrical equipment; provide the appropriate sized pathways to exterior on-grade surface parking spaces for future Level 2 EVSE electric vehicle charging; provide a line diagram on the electrical drawings demonstrating a 44 pathway for future Level 2 EVSE electric vehicle charging. Quantity of future Level 2 EVSE electric vehicle charging stations shall be as required by Table R404.3. add R404.4 200 Amp Electrical Service. Each new building, except for individual multifamily units, shall be supplied with at least 200 amp electrical service in anticipation of increased electrical services that will need to be provided in the future. add R404.5 Dwelling electrical meter. Each residential unit and each dwelling unit located in a Group R-2 building shall have a separate electrical meter. Exception: Buildings where a majority of the living units serve tenants at or below 80 percent of area median income. add R404.6 Electrical transformers. Low-voltage dry-type distribution electric transformers shall meet the minimum efficiency requirements of Table R405.6 as tested and rated in accordance with the test procedure listed in DOE 10 CFR 431. The efficiency shall be verified through certification under an approved certification program or, where a certification program does not exist, the equipment efficiency ratings shall be supported by data furnished by the transformer manufacturer. Exception: The following transformers are exempt: 1. Transformers that meet the Energy Policy Act of 2005 exclusions based on the DOE 10 CFR 431 definition of special purpose applications. 2. Transformers that meet the Energy Policy Act of 2005 exclusions that are not to be used in general purpose applications based on information provided in DOE 10 CFR 431. 3. Transformers that meet the Energy Policy Act of 2005 exclusions with multiple voltage taps where the highest tap is not less than 20 percent more than the lowest tap. 4. Drive transformers. 5. Rectifier transformers. 6. Auto-transformers. 7. Uninterruptible power system transformers. 8. Impedance transformers. 9. Regulating transformers. 10. Sealed and nonventilating transformers. 11. Machine tool transformers. Administrative Procedures Adopted Filing - Coversheet ADOPTED RULE # ____________ RECEIVED BY: ________  Coversheet  Adopting Page  Clean text of the rule (Amended text without annotation)  Letter regarding changes to the final proposed Revised January 10, 2023 page 1 Adopted Filing – Coversheet Instructions: In accordance with Title 3 Chapter 25 of the Vermont Statutes Annotated and the “Rule on Rulemaking” adopted by the Office of the Secretary of State, this filing will be considered complete upon filing and acceptance of these forms with the Office of the Secretary of State, and the Legislative Committee on Administrative Rules. All forms shall be submitted at the Office of the Secretary of State, no later than 3:30 pm on the last scheduled day of the work week. The data provided in text areas of these forms will be used to generate a notice of rulemaking in the portal of “Proposed Rule Postings” online, and the newspapers of record if the rule is marked for publication. Publication of notices will be charged back to the promulgating agency. PLEASE REMOVE ANY COVERSHEET OR FORM NOT REQUIRED WITH THE CURRENT FILING BEFORE DELIVERY! Certification Statement: As the adopting Authority of this rule (see 3 V.S.A. § 801 (b) (11) for a definition), I approve the contents of this filing entitled: Vermont Commercial Building Energy Standards (CBES) Amendments /s/ June E. Tierney , on 7/11/2023 (signature) (date) Printed Name and Title: June E. Tierney, Commissioner, Vermont Department of Public Service Administrative Procedures Adopted Filing – Coversheet Revised January 10, 2023 page 2 1. TITLE OF RULE FILING: Vermont Commercial Building Energy Standards (CBES) Amendments 2. PROPOSED NUMBER ASSIGNED BY THE SECRETARY OF STATE 22P 029 3. ADOPTING AGENCY: Department of Public Service 4. RECORDS EXEMPTION INCLUDED WITHIN RULE: (DOES THE RULE CONTAIN ANY PROVISION DESIGNATING INFORMATION AS CONFIDENTIAL; LIMITING ITS PUBLIC RELEASE; OR OTHERWISE, EXEMPTING IT FROM INSPECTION AND COPYING?) No IF YES, CITE THE STATUTORY AUTHORITY FOR THE EXEMPTION: PLEASE SUMMARIZE THE REASON FOR THE EXEMPTION: 5. LEGAL AUTHORITY / ENABLING LEGISLATION: (THE SPECIFIC STATUTORY OR LEGAL CITATION FROM SESSION LAW INDICATING WHO THE ADOPTING ENTITY IS AND THUS WHO THE SIGNATORY SHOULD BE. THIS SHOULD BE A SPECIFIC CITATION NOT A CHAPTER CITATION). 30 V.S.A. § 53 COMMERCIAL BUILDING ENERGY STANDARDS 6. THE FILING HAS CHANGED SINCE THE FILING OF THE FINAL PROPOSED RULE. 7. THE AGENCY HAS INCLUDED WITH THIS FILING A LETTER EXPLAINING IN DETAIL WHAT CHANGES WERE MADE, CITING CHAPTER AND SECTION WHERE APPLICABLE, INCLUDING CHANGES IN ECONOMIC IMPACT. 8. THE LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES DID NOT OBJECT TO THE FINAL PROPOSAL. 9. PROCEDURAL HISTORY OF ADOPTION: ICAR Filing: 9/23/2022 Proposal Filed with Office of the Secretary of State: 10/27/2022 Notices Posted Online: 11/2/2022 Notices Published in the Newspapers of Record: 11/10/2022 A Hearing WAS Held. Administrative Procedures Adopted Filing – Coversheet Revised January 10, 2023 page 3 Hearings Held (PLEASE USE ADDITIONAL SHEETS TO PROVIDE THE DATE, TIME, AND LOCATION OF ALL HEARINGS, IF THIS FORM IS INSUFFICIENT TO LIST ALL HEARINGS HELD): Date: 12/2/2022 Time: 10:00 AM Street Address: VIRTUAL HEARING, MICROSOFT TEAMS Zip Code: URL for Virtual: https://teams.microsoft.com/l/meetup- join/19%3ameeting_ZTZkYWVhZjktOGFhNy00YjA0LTg2MmYtYTZmN TRhMWFmYzBl%40thread.v2/0?context=%7b%22Tid%22%3a%22f82 4a265-cbc1-4afc-accc- 7191c2525f6d%22%2c%22Oid%22%3a%22d26bc85b-e562-4bc5- 81ea-2a3b3911df03%22%7d. Date: Time: AM Street Address: Zip Code: URL for Virtual: Date: Time: AM Street Address: Zip Code: URL for Virtual: Date: Time: AM Street Address: Zip Code: URL for Virtual: Deadline for Public Comment: 12/9/2022 Administrative Procedures Adopted Filing – Coversheet Revised January 10, 2023 page 4 Final Proposal — Filed with Secretary of State: 05/02/2023 Filed with LCAR: 05/02/2023 Dates of LCAR Review: 06/08/2023, 6/29/2023, , , Adopted Rule — Filed with Secretary of State: 07/11/2023 Filed with LCAR: 07/11/2023 10. EFFECTIVE DATE: 07/01/2024 (A RULE MAY TAKE EFFECT 15 DAYS AFTER ADOPTION IS COMPLETE OR AT A LATER TIME PROVIDED IN THE TEXT OF THE RULE SEE 3 V.S.A. §845(d) FOR DETAILS). Administrative Procedures Adopting Page Revised January 10, 2023 page 1 Adopting Page Instructions: This form must accompany each filing made during the rulemaking process: Note: To satisfy the requirement for an annotated text, an agency must submit the entire rule in annotated form with proposed and final proposed filings. Filing an annotated paragraph or page of a larger rule is not sufficient. Annotation must clearly show the changes to the rule. When possible, the agency shall file the annotated text, using the appropriate page or pages from the Code of Vermont Rules as a basis for the annotated version. New rules need not be accompanied by an annotated text. 1. TITLE OF RULE FILING: Vermont Commercial Building Energy Standards (CBES) Amendments 2. ADOPTING AGENCY: Department of Public Service 3. TYPE OF FILING (PLEASE CHOOSE THE TYPE OF FILING FROM THE DROPDOWN MENU BASED ON THE DEFINITIONS PROVIDED BELOW): • AMENDMENT - Any change to an already existing rule, even if it is a complete rewrite of the rule, it is considered an amendment if the rule is replaced with other text. • NEW RULE - A rule that did not previously exist even under a different name. • REPEAL - The removal of a rule in its entirety, without replacing it with other text. This filing is AN AMENDMENT OF AN EXISTING RULE . 4. LAST ADOPTED (PLEASE PROVIDE THE SOS LOG#, TITLE AND EFFECTIVE DATE OF THE LAST ADOPTION FOR THE EXISTING RULE): SOS LOG #:19-073 Title: Commercial Building Energy Standards (CBES) Effective Date: 09/01/2020 State of Vermont Department of Public Service 112 State Street [phone] 802-828-2811 Montpelier, VT 05620-2601 [fax] 802-828-2342 www.publicservice.vermont.gov Louise Corliss July 11, 2023 Office of the Secretary of State 1078 Route 2, Middlesex Montpelier, Vt. 05633-7701 Legislative Committee on Administrative Rules c/o, Legislative Counsel Vermont State House Montpelier, VT 05633-5301 Re: Adopted Rule Filing for Final Proposed Rule 22-P29, Commercial Building Energy Standards Amendments Dear Ms. Corliss, The Department of Public Service (“Department”) hereby files its adopted rule, the Commercial Building Energy Standards Amendments (“CBES”). Pursuant to 3 V.S.A. § 843(c), the Legislative Committee on Administrative Rules (“LCAR”) granted an extension of the Department’s adoption deadline until July 14, 2023. The CBES final proposed rule was approved by LCAR at its meeting on June 29, 2023. At the meeting on June 29, the Department informed LCAR that the effective date for the rule would be July 1, 2024, to align with the effective date for the Residential Building Energy Standards which were recently adopted. The Department has made one change to the rule text since the final proposed filing: all relevant dates throughout the rule have been changed from 2023 to 2024 to reflect the fact that the effective date for the rule will be July 1, 2024. The Department appreciates the assistance and support of the Secretary of State’s Office in implementing the CBES. Please feel free to contact me with any questions or concerns about this letter. Sincerely, /s/ Ben Civiletti Ben Civiletti, Special Counsel Vermont Department of Public Service 112 State Street Montpelier VT 05620 802-622-4388 benjamin.civiletti@vermont.gov 2024 Vermont Commercial Building Energy Standards 2024 Vermont Commercial Building Energy Standard AMENDMENTS 112 State Street Montpelier, VT 05620 802-828-2811 https://publicservice.vermont.gov/ 2024 Vermont Commercial Building Energy Standards These rules are adopted under 30 V.S.A. § 53. This document shall be known and cited as the 2024 Vermont Commercial Building Energy Standard Amendments. The 2020 Vermont Commercial Building Energy Standards (First Printing: July 2020) published by International Code Council (ICC), Inc., as amended herein, are incorporated by reference and are available on the ICC website at: www.iccsafe.org PREFACE delete and replace Preface as follows: Introduction The 2024 Vermont Commercial Building Energy Standards (CBES) is based on the 2020 Vermont Commercial Building Energy Standards (CBES), which are based upon the International Energy ® ® Conservation Code (IECC ) 2018 edition. The 2024 CBES also includes elements of the 2021 IECC energy efficiency requirements as well as select language updates and additional, more stringent Vermont energy efficiency requirements. The 2024 CBES also incorporates elements of ANSI/ASHRAE/IES Standard 90.1- 2019 Energy Standard for Buildings Except Low-Rise Residential Buildings. This comprehensive energy conservation code establishes minimum regulations for energy efficient buildings using prescriptive and performance-related provisions. It is founded on broad- based principles that make possible the use of new materials and new energy efficient designs. The International Energy Conservation Code provisions provide many benefits, among which is the model code development process that offers an international forum for energy professionals to discuss performance and prescriptive code requirements. This model code also encourages international consistency in the application of provisions. Development This 2024 CBES is founded on principles intended to establish provisions consistent with the scope of an energy conservation code that adequately conserves energy; provisions that do not unnecessarily increase construction costs; provisions that do not restrict the use of new materials, products or methods of construction; and provisions that do not give preferential treatment to particular types or classes of materials, products or methods of construction. Background The Vermont Commercial Building Energy Standards (CBES) was adopted by statute (30 V.S.A. § 53) in 2006. This code applies to all commercial buildings and residential buildings four stories or greater above grade in Vermont and took effect January 1, 2007. Update Process The Commercial Building Energy Standards statute requires that revisions to the CBES are made promptly after the issuance of updated standards under the International Energy Conservation 2024 Vermont Commercial Building Energy Standards Code (IECC). The Department of Public Service (PSD) is required to convene stakeholders that include mortgage lenders, builders, building designers, utility representatives, and other persons with experience and expertise prior to the adoption of a revised CBES to provide recommendations The 2024 CBES is based on the language in the International Energy Conservation Code (IECC) 2018 and 2021 editions and incorporates elements of ANSI/ASHRAE/IES Standard 90.1- 2019 Energy Standard for Buildings Except Low-Rise Residential Buildings. The 2024 CBES includes a new “Additional Efficiency, Renewable, and Load Management Requirements” section based on a points approach to code compliance. The addition of “points” provides builders and designers greater flexibility in complying with the CBES. The Vermont PSD held a series of code collaborative meetings in 2021 and a series of stakeholder and advisory committee meetings in 2022 to gather feedback on proposed changes to the CBES. The revisions presented in this document were modified based on input received from these meetings. EFFECTIVE USE OF THE 2024 VERMONT COMMERCIAL BUILDING ENERGY STANDARDS The 2024 Vermont Commercial Building Energy Standards (CBES) is a code that regulates minimum energy conservation requirements for new buildings as well as additions, alterations, renovations, and repairs to existing buildings. The 2024 CBES addresses energy conservation requirements for all aspects of energy uses in commercial construction, including heating and ventilating, lighting, water heating, and power usage for appliances and building systems. The 2024 CBES is a design document. For example, before constructing a building, the designer must determine the minimum insulation R-values and fenestration U-factors for the building exterior envelope. The CBES sets forth minimum requirements for exterior envelope insulation, window and door U-factors and SHGC ratings, duct insulation, lighting and power efficiency, mechanical ventilation, and water distribution insulation. Arrangement and Format of the 2024 CBES The 2024 CBES, like other codes published by ICC, is arranged and organized to follow sequential steps that generally occur during a plan review or inspection. The 2024 CBES is divided into six different parts: Chapters Subjects 1–2 Scope, Administration and Definitions 3 General Requirements 4 Commercial Energy Efficiency 5 Existing Buildings 6 Referenced standards 2024 Vermont Commercial Building Energy Standards Italicized Terms Selected terms set forth in Chapter 2: Definitions, are italicized where they appear in code text. Such terms are not italicized where the definition set forth in Chapter 2 does not impart the intended meaning in the use of the term. The terms selected have definitions that the user should read carefully to facilitate better understanding of the code. The following is a chapter-by-chapter synopsis of the scope and intent of the provisions of the 2024 Vermont Commercial Building Energy Standards: Chapter 1 Scope and Administration. This chapter contains provisions for the application, enforcement and administration of subsequent requirements of the code. In addition to establishing the scope of the code, Chapter 1 identifies which buildings and structures come under its purview. Chapter 1 is largely concerned with maintaining “due process of law” in enforcing the energy conservation criteria contained in the body of this code. Only through careful observation of the administrative provisions can the code official or other authority having jurisdiction, where one exists, reasonably expect to demonstrate that “equal protection under the law” has been provided. Chapter 2 Definitions. Chapter 2 is the repository of the definitions of terms used in the body of the code. Codes are technical documents and every word, term and punctuation mark can impact the meaning of the code text and the intended results. The code often uses terms that have a unique meaning in the code and the code meaning can differ substantially from the ordinarily understood meaning of the term as used outside of the code. The terms defined in Chapter 2 are deemed to be of prime importance in establishing the meaning and intent of the code text. The user of the code should be familiar with and consult this chapter because the definitions are essential to the correct interpretation of the code and the user may not be aware that a term is defined. Where understanding of a term’s definition is especially key to or necessary for understanding of a particular code provision, the term is shown in italics wherever it appears in the code. This is true only for those terms that have a meaning that is unique to the code. In other words, the generally understood meaning of a term or phrase might not be sufficient or consistent with the meaning prescribed by the code; therefore, it is essential that the code-defined meaning be known. Guidance regarding tense, gender and plurality of defined terms as well as guidance regarding terms not defined in this code is provided. Chapter 3 General Requirements. Chapter 3 provides interior design conditions that are used as a basis for assumptions in heating and cooling load calculations and provides basic material requirements for insulation materials and fenestration materials and provides standards for commercial mechanical ventilation and combustion safety. Chapter 4 Commercial Energy Efficiency. Chapter 4 contains the energy-efficiency-related requirements for the design and construction of most types of commercial buildings, and residential buildings greater than three stories in height above grade. This chapter defines requirements for the portions of the building and building systems that impact energy use in new commercial construction and new residential construction greater than three stories in height and promotes the effective use of energy. The provisions within the chapter promote energy efficiency in the building envelope, the heating and cooling system, and the service water heating system of the building. 2024 Vermont Commercial Building Energy Standards design total ITE equipment power density exceeding 20 watts per square foot (20 watts per 0.092 m2) of conditioned area and a total design ITE equipment load greater than 10 kW. add DATA CENTER SYSTEMS. HVAC systems and equipment, or portions thereof, used to provide cooling or ventilation in a data center. delete and replace DEMAND RECIRCULATION WATER SYSTEM. A water distribution system where one or more pumps prime the service hot water piping with heated water upon a demand for hot water. add DIRECT DIGITAL CONTROL (DDC). A type of control where controlled and monitored analog or binary data, such as temperature and contact closures, are converted to digital format for manipulation and calculations by a digital computer or microprocessor, then converted back to analog or binary form to control physical devices. add ELECTRIC VEHICLE (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, and electric motorcycles, primarily powered by an electric motor that draws current from a building electrical service, EVSE, a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of electric current. add ELECTRIC VEHICLE CAPABLE SPACE (EV CAPABLE SPACE). A designated automobile parking space that is provided with all the requisite infrastructure in place within five feet to allow installation of electrical wiring and connection to power for EVSE add ELECTRIC VEHICLE FAST CHARGER (EV FAST CHARGER). Also referred to as a Level 3 charger. An EV fast charger is an EVSE equipped with a direct-current (DC) plug for electric vehicle charging with either a CHAdeMO or SAE combined charging system (CCS) format connector. Other DC fast charging plug standards may be accepted as they are developed. add ELECTRIC VEHICLE READY SPACE (EV READY SPACE). An automobile parking space that is provided with a branch circuit and either an outlet, junction box or receptacle, that will support an installed EVSE. add ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). Equipment for plug-in power transfer including the ungrounded, grounded and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, personal protection system and all other fittings, devices, power outlets or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle. add ELECTRIC VEHICLE SUPPLY EQUIPMENT INSTALLED SPACE (EVSE space). An automobile parking space that is provided with a dedicated EVSE connection. add ENERGY EFFICIENCY RATIO (EER). Air handling unit measure of efficiency defined as the system output in Btu/h per watt of electrical energy input. add ENTHALPY RECOVERY RATIO. Change in the enthalpy of the outdoor air supply divided by the difference between the outdoor air and entering exhaust air enthalpy, expressed as a percentage. 2024 Vermont Commercial Building Energy Standards add LARGE-DIAMETER CEILING FAN. A ceiling fan that is greater than 7 feet (2134 mm) in diameter. These fans are sometimes referred to as High-Volume, Low-Speed (HVLS) fans. delete and replace METAL BUILDING. A complete integrated set of mutually dependent components and assemblies that form a building, which consists of a steel-framed superstructure and metal exterior cladding. add MIXED-FUEL BUILDING. A building that contains combustion equipment or includes piping for such equipment. delete and replace NETWORKED GUESTROOM CONTROL SYSTEM. A control system, with access from the front desk or other central location associated with a Group R-1 building, that is capable of identifying the rented and unrented status of each guestroom according to a timed schedule, and is capable of controlling HVAC in each hotel and motel guestroom separately. delete and replace OCCUPANCY CLASSIFICATIONS. Building occupancies shall be defined by the 2021 International Building Code, which is summarized here. Discrepancies in the summary or further clarifications shall defer to the International Building Code. Assembly Group A is the occupancy group used for buildings that are for the gathering of persons for purposes such as civic, social or religious functions; recreation, food or drink consumption or awaiting transportation. The first occupancy group is A-1. The group is for the production and viewing of the performing arts, motion pictures, or television and radio studios admitting an audience. The next occupancy group is A-2. The group includes assembly uses intended for food and/or drink consumption, such as: banquet halls, casino gambling areas, night-clubs, restaurants, cafeterias, taverns, and bars. Group A-3 includes assembly uses intended for worship, recreation or amusement and other assembly uses not classified elsewhere in Group A such as: community halls, courtrooms, gymnasiums, and waiting areas in transportation terminals. Group A-4 includes assembly uses intended for viewing of indoor sporting events and activities with spectator seating. Group A-5 includes assembly uses intended for participation in or viewing outdoor activities. Business Group B is the occupancy group used for office, professional or service-type transactions, including storage or records and accounts. Educational Group E is the occupancy group used by six or more persons at any one time for educational purposes through the 12th grade. Factory Industrial Group F is the occupancy group used for disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operation that are not classified as Group H or Group S. 2024 Vermont Commercial Building Energy Standards High-hazard Group H is the occupancy group used for manufacturing, processing, generation or storage of materials that constitute a physical or health hazard. Institutional Group I is the occupancy group used for more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised environment and receive custodial care. Mercantile Group M is the occupancy group used for the display and sale of merchandise, and involves stocks of goods, wares or merchandise. Residential Group R is the occupancy group used for buildings that include sleeping rooms and are not institutional. There are four different occupancy groups within R. The first occupancy group is R-1. This group is for transient uses like hotels, motels and boarding houses. Group R-2 is occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent. This includes apartments, dormitories, fraternities and sororities. It also includes vacation timeshares (with more than two units) and convents and monasteries. Boarding houses or congregate living facilities with 16 or fewer occupants go into Group R-3. Group R-3 is for permanent occupancies that are not R-1, R-2, or R-4. Group R-4 is for occupancies for more than five but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and receive custodial care. Storage Group S is the occupancy group used for storage that is not classified as a hazardous occupancy. delete and replace ON-SITE RENEWABLE ENERGY. Energy from renewable energy resources harvested at the building project site. delete and replace RENEWABLE ENERGY RESOURCES. Energy produced using a technology that relies on a resource that is being consumed at a harvest rate at or below its natural regeneration rate including, but not limited to, solar hot water, solar hot air, solar photovoltaics, wind, and hydro. 1. Methane gas and other flammable gases produced by the decay of sewage treatment plant wastes or landfill wastes and anaerobic digestion of agricultural products, byproducts, or wastes shall be considered renewable energy resources, but no form of solid waste, other than agricultural or silvicultural waste, shall be considered renewable. 2. The only portion of electricity produced by a system of generating resources that shall be considered renewable is that portion generated by a technology that qualifies as renewable. 3. The following fuels shall not be considered renewable energy supplies: coal, oil, propane, and natural gas. 4. Biomass is considered renewable. 2024 Vermont Commercial Building Energy Standards delete and replace RESIDENTIAL BUILDING ENERGY STANDARDS (RBES). The Vermont Residential Energy Code based on the 2015 International Energy Conservation Code with 2018, 2020, and 2024 additions. add SEASONAL ENERGY EFFICIENCY RATIO (SEER). Air conditioner efficiency rating, measured as the ratio of cooling output over a typical cooling season (in Btuh), divided by the provided electrical energy (in watt-hours). delete and replace SEMI-CONDITIONED SPACE. An enclosed space within a building that is not a conditioned space, but is directly or indirectly mechanically heated or cooled. add SOLAR-READY ZONE. A section of sections of the roof or building overhang designated and reserved for the future installation of a solar photovoltaic or solar thermal system. add TESTING UNIT ENCLOSURE AREA. The area sum of all the boundary surfaces that define the dwelling unit, sleeping unit or occupiable conditioned space including top/ceiling, bottom/floor and all side walls. This does not include interior partition walls within the dwelling unit, sleeping unit, or occupiable conditioned space. Wall height shall be measured from the finished floor of the conditioned space to the finished floor or roof/ceiling air barrier above. add THERMAL DISTRIBUTION EFFICIENCY (TDE). The resistance to changes in air heat as air is conveyed through a distance of air duct. TDE is a heat loss calculation evaluating the difference in the heat of the air between the air duct inlet and outlet caused by differences in temperatures between the air in the duct and the duct material. TDE is expressed as a percent difference between the inlet and outlet heat in the duct. add TYPE III PRODUCT-SPECIFIC ENVIRONMENTAL PRODUCT DECLARATION (EPD). See ENVIRONMENTAL PRODUCT DECLARATION, TYPE III PRODUCT-SPECIFIC. add VEGETATIVE ROOF. An assembly of interacting components designed to waterproof a building’s top surface that includes, by design, vegetation and related landscape elements. add VISIBLE TRANSMITTANCE, ANNUAL [VTannual]. The ratio of visible light entering the space through the fenestration product assembly to the incident visible light during the course of a year, which includes the effects of glazing material, frame, and light well or tubular conduit, and is expressed as a number between 0 and 1. delete and replace WALL, ABOVE-GRADE. A wall associated with the building thermal envelope that is more than 15 percent above grade and is on the exterior of the building or any wall that is associated with the building thermal envelope that is not on the exterior of the building. This includes, but is not limited to, between-floor spandrels, peripheral edges of floors, roof knee walls, dormer walls, gable end walls, walls enclosing a mansard roof and skylight shafts. 2024 Vermont Commercial Building Energy Standards add C405.12.4 Data acquisition system. A data acquisition system shall have the capability to store the data from the required meters and other sensing devices for a minimum of 36 months. The data acquisition system shall have the capability to store real-time energy consumption data and provide hourly, daily, monthly and yearly logged data for each end-use category required by Section C405.12.2. add C405.12.5 Graphical energy report. A permanent and readily accessible reporting mechanism shall be provided in the building that is accessible by building operation and management personnel. The reporting mechanism shall have the capability to graphically provide the energy consumption for each end-use category required by Section C405.12.2 at least every hour, day, month and year for the previous 36 months. delete C405.10 Electric vehicle and replace with C405.13 Electric vehicle Power Transfer Infrastructure. New parking facilities shall be provided with electric vehicle power transfer infrastructure in compliance with Sections C405.13.1 through C405.13.7. add C405.13.1 Quantity. The number of required EVSE spaces, EV capable spaces and EV ready spaces shall be determined in accordance with this Section and Table C405.13.1 based on the total number of automobile parking spaces and shall be rounded up to the nearest whole number. 1. Where more than one parking facility is provided on a building site, the number of required automobile parking spaces required to have EV power transfer infrastructure shall be calculated separately for each parking facility. 2. Where one shared parking facility serves multiple building occupancies, the required number of spaces shall be determined proportionally based on the floor area of each building occupancy. 3. Each installed EVSE space with an EV fast charger shall count as four (4) EVSE spaces in Table C405.13.1. 4. Installed EVSE spaces that exceed the minimum requirements of this section may be used to meet minimum requirements for EV ready spaces and EV capable spaces. 5. Installed EV ready spaces that exceed the minimum requirements of this section may be used to meet minimum requirements for EV capable spaces. 6. The quantity shall never exceed the number of automobile parking spaces or require more automobile parking spaces to be constructed. Exceptions: 1. Parking facilities, serving occupancies other than R-2 with fewer than 10 automobile parking spaces. 2024 Vermont Commercial Building Energy Standards 2. Stand-alone retail stores with fewer than 50 spaces are exempt from the requirement to provide EVSE spaces but are still required to provide EV Ready and EV Capable spaces in Table C405.13.1 if there are 10 or more automobile parking spaces. 3. Motor liquid fuel-dispensing facilities including gas stations. 4. Parking spaces are not counted in Table 405.13.1 if one of the following conditions apply: 1. Parking spaces intended exclusively for storage of vehicles for retail sale or vehicle service. 2. Parking spaces that are separated from the meter by a public right-of-way. 3. Parking spaces that are limited to parking durations of less than an hour. delete TABLE C405.11 and replace with TABLE C405.13.1 TABLE C405.13.1 REQUIRED EV POWER TRANSFER INFRASTRUCTURE COMMERCIAL BUILDING a OCCUPANCY EVSE SPACES EV READY SPACES EV CAPABLE SPACES Groups A, M 2% 0% 20% Group B 6% 0% 30% Group E 4% 0% 20% Groups F, H, S 2% 0% 10% Groups I, R-3, R-4 3% 0% 10% Group R-1 8% 7% 50% Group R-2 0% 0% Determined in Equation 4-11 a. See occupancy classification in Section C202. R2EVC = D/SU + 0.25 * (APS – D/SU) (Equation 4-11) where: R2EVC = Total requirement for EV Capable Spaces in R-2 building occupancies. D/SU = Total number of dwelling and sleeping units in the R-2 building. APS = Total number of automobile parking spaces provided. add C405.13.2 EV Capable Spaces. 2024 Vermont Commercial Building Energy Standards Each EV capable space used to meet the requirements of Section C405.13.1 shall comply with all of the following: 1. A continuous raceway or cable assembly shall be installed between an enclosure or outlet located within 3 feet (914 mm) of the EV capable space and a suitable panelboard or other onsite electrical distribution equipment. 2. Installed raceway or cable assembly shall be sized and rated to supply a minimum circuit capacity in accordance with C405.13.5. 3. The electrical distribution equipment to which the raceway or cable assembly connects shall have sufficient dedicated space and spare electrical capacity for a 2-pole circuit breaker or set of fuses. 4. The electrical enclosure or outlet and the electrical distribution equipment directory shall be marked: "For future electric vehicle supply equipment (EVSE)." 5. Reserved capacity shall be no less than 4.1 kVA (20A 208/240V) for each EV capable space. Exceptions: 1. R-2 Occupancies with Multifamily building garage or covered parking, should provide on electrical drawings the appropriate sized pathway to the building electrical room to accommodate a future electrical upgrade for Level 2 EVSE electric vehicle charging; provide adequate wall and floor space in the building electrical room for future EV charging related electrical equipment; provide the appropriate sized pathways to exterior on-grade surface parking spaces for future Level 2 EVSE electric vehicle charging; provide a line diagram on the electrical drawings demonstrating a pathway for future Level 2 EVSE electric vehicle charging add C405.13.3 EV Ready Spaces. Each branch circuit serving EV ready spaces used to meet the requirements of Section C405.13.1 shall comply with all of the following: 1. Terminate at an outlet or enclosure, located within 3 feet (914 mm) of each EV ready space it serves. 2. Have a minimum circuit capacity in accordance with C405.13.5. 3. The panelboard or other electrical distribution equipment directory shall designate the branch circuit as "For electric vehicle supply equipment (EVSE)" and the outlet or enclosure shall be marked "For electric vehicle supply equipment (EVSE)." add C405.13.4 EVSE Spaces. An installed EVSE with multiple output connections shall be permitted to serve multiple EVSE spaces. Each EVSE installed to meet the requirements of Section C405.13.1, serving either a single EVSE space or multiple EVSE spaces, shall comply with all of the following: 2024 Vermont Commercial Building Energy Standards 1. Have a minimum circuit capacity in accordance with C405.13.5. 2. Have a minimum charging rate in accordance with C405.13.4.1. 3. Be located within 3 feet (914 mm) of each EVSE space it serves. 4. Be installed in accordance with Section C405.13.6. add C405.13.4.1 EVSE Minimum Charging Rate. Each installed EVSE shall comply with one of the following: 1. Be capable of charging at a minimum rate of 6.2 kVA (or 30A at 208/240V). 2. When serving multiple EVSE spaces and controlled by an energy management system providing load management, be capable of simultaneously charging each EVSE space at a minimum rate of no less than 3.3 kVA. 3. When serving EVSE spaces allowed to have a minimum circuit capacity of 2.7 kVA in accordance with C405.13.5.1 and controlled by an energy management system providing load management, be capable of simultaneously charging each ESVE space at a minimum rate of no less than 2.1 kVA. add C405.13.5 Circuit Capacity. The capacity of electrical infrastructure serving each EV capable space, EV ready space, and EVSE space shall comply with one of the following: 1. A branch circuit shall have a rated capacity not less than 8.3 kVA (or 40A at 208/240V) for each EV ready space or EVSE space it serves. 2. The requirements of C405.13.5.1. add C405.13.5.1 Circuit Capacity Management. The capacity of each branch circuit serving multiple EVSE spaces, EV ready spaces or EV capable spaces designed to be controlled by an energy management system providing load management in accordance with NFPA 70, shall comply with one of the following: 1. Have a minimum capacity of 4.1 kVA per space. 2. Have a minimum capacity of 2.7 kVA per space when serving EV ready spaces or EVSE space for R-2 occupancies when all (100%) of the automobile parking spaces designated for R-2 occupancies are designed to be EV ready spaces or EVSE spaces. 3. Have a minimum capacity of 2.7 kVA per space when serving EV ready spaces or EVSE spaces for a building site when all (100%) of the automobile parking spaces are designed to be EV ready or EVSE spaces. add C405.13.6 EVSE Installation. EVSE shall be installed in accordance with NFPA 70 and shall be listed and labeled in accordance with UL 2202 or UL 2594. EVSE shall be accessible in accordance with International Building Code Section 1107. add C405.13.7 EVSE Parking Restrictions. 2024 Vermont Commercial Building Energy Standards Automobile parking spaces required by Table C405.13.1 to be equipped with EVSE shall be marked for EV use only. Exceptions: 1. In Group R-2 buildings the number of parking spaces with EVSE that are marked for “EV use only” need not exceed the number of EV cars driven by occupants of the building. This exception does not reduce the number of EVSE spaces, just the number that are marked for EV use only. 2. In structured parking lots 1 / of parking spaces, rounded up, with EVSE shall be 2 marked for “EV use only,” while the remainder need not be marked for “EV use only.” This exception does not reduce the number of EVSE spaces, just the number that are marked for EV use only. add C405.14 Additional electric infrastructure. Buildings that contain combustion equipment and end-uses shall be required to install electric infrastructure in accordance with this section. Exception: Buildings with R-2 occupancy classifications. add C405.14.1 Combustion space heating. Spaces containing combustion equipment for space heating shall comply with either C405.14.1.1 or C405.14.1.2 add C405.14.1.1 Low-capacity heating. Spaces containing warm-air furnaces with a capacity less than 225,000 Btu/h and gas- and oil-fired boilers with a capacity less than 400,000 Btu/h shall be provided with a designated exterior location(s) that complies with the following: 1. Natural drainage for condensate from cooling equipment operation or a condensate drain located within 3 feet (914 mm) of the location of the space heating equipment, and 2. A dedicated branch circuit in compliance with NFPA70 Section 424.4 based on heat pump space heating equipment sized in accordance with the requirements of Section C403.1.1 and terminating within 3 feet (914 mm) of the location of the space heating equipment with no obstructions. Both ends of the branch circuit shall be labeled “For Future Heat Pump Space Heater.” Exception: Where an electrical circuit in compliance with NFPA70 Sections 440.4(B) and 440.35 exists for space cooling equipment. add C405.14.1.2 High-capacity heating. Spaces containing all other space heating equipment shall be provided with conduit only that is continuous between a junction box located within 3 feet (914 mm) of the equipment and an electrical panel. The junction box, conduit and bus bar in the electrical panel shall be rated and sized to accommodate a future branch circuit with sufficient capacity for an equivalent PAGE 1 SOUTH BURLINGTON ENERGY COMMITTEE MEETING Draft Minutes JANUARY 10, 2024 The South Burlington Energy Committee held a regular meeting on Wednesday, 10 January 2024, at 6:30 p.m., in the Board Room, 180 Market Street, and by Zoom remote participation. Members present: Ethan Goldman, Brittany Baldwin, Marley Hauser, Keith Epstein, Rob Meader*, Steve Crowley*, MJ Reale*, Fred Kosnitsky*. Absent: Tim Perrin, Sam Lipschutz, Carrie McLaughlin Also present: N. Atherton, City Planner; Lou Bresee, Energy Programs Manager; Linda Bailey, public. MJ ran the meeting, since Tim was absent. Keith kept minutes. We reviewed the December 13, 2023 minutes. Keith moved to accept them, Fred seconded, and the vote to approve was unanimous. There is a conflict between our meetings and the bike/ped committee meetings. Andrew Chalnick is the city council liaison for both committees, so we will change our meetings to the first wednesday of each month. Our next meeting will be February 7th, 2024. We reviewed and discussed four options for energy committee logos, based on the energy festival logos. Action: Nick will send a survey for us all to vote, and we will discuss and choose one at our next meeting. Nick shared the new RBES and CBES EV parking standards, which will take effect on July 1st, 2024. We discussed the aspects each of us liked and disliked about the new standards. Fred shared an update about the Braiding Sweetgrass book club discussion on January 18th at the library. CITY COUNCIL MEETING MONTH XX, 2023 | PAGE 2 Rob shared an update about winter energy workshop planning. He is organizing an EV workshop and a heat pump workshop, for February and for March. He is also looking into programs that VEEP runs. Lou shared the CAP municipal implementation presentation that he presented to the city council in November. Adjourned at 8:40 pm. _________________________________ Respectfully submitted by Nick Atherton, City Planner January 16th, 2024