#### § 433.200 Scope 1 Fossil fuel-generated energy consumption requirement.

(a) *New EISA-Subject buildings.*

(1) New Federal buildings that are commercial or multi-family high-rise residential buildings, for which design for construction began on or after May 1, 2025 must be designed to meet the requirements of [paragraph (c)](/on/2024-09-17/title-10/section-433.200#p-433.200(c)) of this section if:

(i) For Federally owned public buildings or leased Federal buildings, the construction cost of the new building exceeds GSA's Annual Prospectus Thresholds that are found at *<https://www.gsa.gov/real-estate/design-construction/gsa-annual-prospectus-thresholds>;* or

(ii) For Federally owned non-public buildings, the cost of the building is at least $2,500,000 (in 2007 dollars, adjusted for inflation). For the purposes of calculating this threshold, projects should set the Bureau of Labor and Statistics CPI Inflation calculator to $2,500,000 in October of 2006 (to represent the value of the original cost threshold) and then set for October of the FY during which the design for construction of the project began or is set to begin.

(2) [Reserved]

(b) *Major renovations of EISA-Subject buildings.*

(1) Major renovations to Federal buildings that are commercial or multi-family high-rise residential buildings, for which design for construction began on or after May 1, 2025, must be designed to meet the requirements of [paragraphs (c)](/on/2024-09-17/title-10/section-433.200#p-433.200(c)) or [(d)](/on/2024-09-17/title-10/section-433.200#p-433.200(d)) of this section, as applicable, if:

(i) The renovation is a major renovation to a public building as defined in [40 U.S.C. 3301](https://www.govinfo.gov/link/uscode/40/3301) and for which transmittal of a prospectus to Congress is required under [40 U.S.C. 3307](https://www.govinfo.gov/link/uscode/40/3307); or

(ii) The cost of the major renovation of a Federally owned building is at least $2,500,000 (in 2007 dollars, adjusted for inflation). For the purposes of calculating this threshold, projects should set the Bureau of Labor and Statistics CPI Inflation calculator to $2,500,000 in October of 2006 (to represent the value of the original cost threshold) and then set for October of the FY during which the design for construction of the project began or is set to begin. The cost of a major renovation for a Federally leased building is at least the amount listed for alterations in leased buildings that would need to transmit a prospectus to Congress under section 3307 of title 40. *See* GSA Annual Prospectus Thresholds at *<https://www.gsa.gov/real-estate/design-construction/gsa-annual-prospectus-thresholds>.*

(2) This subpart only applies to major renovations that meet the definition of “major renovation of all Scope 1 fossil fuel-using systems in a federal building” or “major renovation of a Scope 1 fossil fuel-using building system or Scope 1 fossil fuel-using component.”

(3) For leased buildings, this subpart applies to major renovations only if the building was originally built for the use of any Federal agency, including being leased by a Federal agency.

(4) This subpart applies only to the portions of the proposed building or proposed building systems that are being renovated and to the extent that the scope of the renovations permits compliance with the applicable requirements of this subpart. Unaltered portions of the proposed building or proposed building systems are not required to comply with this subpart.

(c) *Federal buildings that are of the type included in appendix A of this subpart.*

(1) *New Construction and Major Renovations of all Scope 1 Fossil Fuel-Using Systems in EISA-Subject Buildings.*

(i) *Design for construction began during FY 2024 through FY 2029.* For new construction or major renovations of all Scope 1 fossil fuel-using systems in a Federal building for which design for construction or renovation, as applicable, began during FY 2024 through 2029, the Scope 1 fossil fuel-generated energy consumption of the proposed building, based on the building design and calculated according to [§ 433.201(a)](/on/2024-09-17/title-10/section-433.201#p-433.201(a)), must not exceed the value identified in Tables A-1a to A-2a (if targets based on emissions are used) or Tables A-1b to A-2b (if targets based on kBtu of fossil fuel usage are used) of appendix A of this subpart for the associated building type, climate zone, and fiscal year in which design for construction begins.

(A) Federal agencies may apply a shift adjustment multiplier to the values in Tables A-1a to A-2a or Tables A-1b to A-2b based on the following baseline hours of operation assumed in Tables A-1a to A-2a or Tables A-1b to A-2b. To calculate the shift adjustment multiplier, agencies shall estimate the number of shifts for their new building and multiply by the appropriate factor shown below in Table 1 of this section for their building type.

(B) The Scope 1 fossil fuel-generated energy consumption target for the building is the applicable value in either Tables A-1a to A-2a or Tables A-1b to A-2b multiplied by the shift adjustment multiplier calculated for that building.

Table 1—Shift Adjustment Multiplier by Hours of Operation and Building Type

| Building activity type | Weekly hours of operation | | |
| --- | --- | --- | --- |
| 50 or less | 51 to 167 | 168 |
| Admin/professional office | 1 | 1 | 1.4 |
| Bank/other financial | 1 | 1 | 1.4 |
| Government office | 1 | 1 | 1.4 |
| Medical office (non-diagnostic) | 1 | 1 | 1.4 |
| Mixed-use office | 1 | 1 | 1.4 |
| Other office | 1 | 1 | 1.4 |
| Laboratory | 1 | 1 | 1.4 |
| Distribution/shipping center | 0.7 | 1.4 | 2.1 |
| Nonrefrigerated warehouse | 0.7 | 1.4 | 2.1 |
| Convenience store | 1 | 1 | 1.4 |
| Convenience store with gas | 1 | 1 | 1.4 |
| Grocery store/food market | 1 | 1 | 1.4 |
| Other food sales | 1 | 1 | 1.4 |
| Fire station/police station | 0.8 | 0.8 | 1.1 |
| Other public order and safety | 0.8 | 0.8 | 1.1 |
| Medical office (diagnostic) | 1 | 1 | 1.5 |
| Clinic/other outpatient health | 1 | 1 | 1.5 |
| Refrigerated warehouse | 1 | 1 | 1 |
| Religious worship | 0.9 | 1.7 | 1.7 |
| Entertainment/culture | 0.8 | 1.5 | 1.5 |
| Library | 0.8 | 1.5 | 1.5 |
| Recreation | 0.8 | 1.5 | 1.5 |
| Social/meeting | 0.8 | 1.5 | 1.5 |
| Other public assembly | 0.8 | 1.5 | 1.5 |
| College/university | 0.8 | 1.3 | 1.3 |
| Elementary/middle school | 0.8 | 1.3 | 1.3 |
| High school | 0.8 | 1.3 | 1.3 |
| Preschool/daycare | 0.8 | 1.3 | 1.3 |
| Other classroom education | 0.8 | 1.3 | 1.3 |
| Fast food | 0.4 | 1.1 | 2.1 |
| Restaurant/cafeteria | 0.4 | 1.1 | 2.1 |
| Other food service | 0.4 | 1.1 | 2.1 |
| Hospital/inpatient health | 1 | 1 | 1 |
| Nursing home/assisted living | 1 | 1 | 1 |
| Dormitory/fraternity/sorority | 1 | 1 | 1 |
| Hotel | 1 | 1 | 1 |
| Motel or inn | 1 | 1 | 1 |
| Other lodging | 1 | 1 | 1 |
| Vehicle dealership/showroom | 0.8 | 1.2 | 1.8 |
| Retail store | 0.8 | 1.2 | 1.8 |
| Other retail | 0.8 | 1.2 | 1.8 |
| Post office/postal center | 0.7 | 1.5 | 1.5 |
| Repair shop | 0.7 | 1.5 | 1.5 |
| Vehicle service/repair shop | 0.7 | 1.5 | 1.5 |
| Vehicle storage/maintenance | 0.7 | 1.5 | 1.5 |
| Other service | 0.7 | 1.5 | 1.5 |
| Strip shopping mall | 1 | 1 | 1 |
| Enclosed mall | 1 | 1 | 1 |
| Bar/Pub/Lounge | 1 | 1 | 1.4 |
| Courthouse/Probation Office | 1 | 1 | 1.4 |

(ii) *Design for construction began during or after FY 2030.* For new construction or major renovations of all fossil fuel-using systems in an EISA-subject building for which design for construction or renovation, as applicable, began during or after FY 2030, the Scope 1 fossil fuel-generated energy consumption of the proposed building, based on building design and calculated according to [§ 433.201(a)](/on/2024-09-17/title-10/section-433.201#p-433.201(a)), must be zero.

(2) *Major Renovations of a Federal Building System or Component within an EISA-Subject Building.* System level renovations shall follow the renovation requirements in [section 4.2.1.3](/on/2024-09-17/title-10/section-4.2.1.3) of the applicable building baseline energy efficiency standards listed in [§ 433.100](/on/2024-09-17/title-10/section-433.100) substituting the “design for construction” with “design for renovation” for the relevant date and shall replace all equipment that is included in the renovation with all electric or non-fossil fuel-using ENERGY STAR or Federal Energy Management Program (FEMP) designated products as defined in [§ 436.42 of this chapter](/on/2024-09-17/title-10/section-436.42). For component level renovations, Agencies shall replace all equipment that is part of the renovation with all electric or non-fossil fuel-using ENERGY STAR or FEMP designated products as defined in [§ 436.42 of this chapter](/on/2024-09-17/title-10/section-436.42).

(3) *Mixed-use buildings.*

(i) For Federal buildings subject to the requirements of [paragraph (c)(1)(i)](/on/2024-09-17/title-10/section-433.200#p-433.200(c)(1)(i)) of this section that combine two or more building types identified in Tables 1a to 2a or Tables 1b to 2b of appendix A of this subpart, the maximum allowable fossil fuel-generated energy consumption of the proposed building is equal to the averaged applicable building type values in Tables A-1a to A-2a or Tables A-1b to A-2b weighted by floor area of the two or more building types. The equation which follows shall be used for mixed use buildings.

Equation 1: Scope 1 Fossil fuel-generated energy consumption for a mixed-use building = the sum across all building uses of (the fraction of total floor building floor area for building use i times the allowable fossil fuel-generated energy consumption for building use i)

Equation 1 may be rewritten as:

[![](https://img.federalregister.gov/ER01MY24.000/ER01MY24.000_large.png)](https://img.federalregister.gov/ER01MY24.000/ER01MY24.000_original_size.png)

(ii) For example, if a proposed building for which design for construction began in FY 2026 that is to be built in climate zone 4a has a total of 200 square feet—100 square feet of which qualifies as College/University and 100 square feet of which qualifies as Laboratory—the maximum allowable Scope 1 fossil fuel-generated energy consumption is equal to:

[(100 sqft. × 3 kBtu/yr.-sqft.) + (100 sqft × 10 kBtu/yr.-sqft.)]/200 sqft. = 6.5 kBtu/yr.-sqft.

(d) *Federal buildings that are of the type not included in Appendix A of this subpart* —

(1) *Process load buildings.* For building types that are not included in any of the building types listed in Tables A-1a to A-2a or A-1b to A-2b of appendix A of this subpart, or for building types in these tables that contain significant process loads that are not likely to be found in the Commercial Buildings Energy Consumption Survey (CBECS) and qualify for exemption per [§ 433.202](/on/2024-09-17/title-10/section-433.202), Federal agencies must select the applicable building type, climate zone, and fiscal year in which design for construction began from Tables 1a to 2a or 1b to 2b of appendix A of this subpart that most closely corresponds to the proposed building without the process load. The estimated Scope 1 fossil fuel-generated energy consumption of the process load must be added to the maximum allowable Scope 1 fossil fuel-generated energy consumption of the applicable building type for the appropriate fiscal year and climate zone to calculate the maximum allowable Scope 1 fossil fuel-generated energy consumption for the building. The same estimated Scope 1 fossil fuel-generated energy consumption of the process load that is added to the maximum allowable Scope 1 fossil fuel-generated energy consumption of the applicable building must also be used in determining the Scope 1 fossil fuel-generated energy consumption of the proposed building.

(2) *Mixed-use buildings.* For buildings that combine two or more building types with process loads or, alternatively, that combine one or more building types with process loads with one or more building types in Tables A-1a to A-2a or A-1b to A-2b of appendix A of this subpart, the maximum allowable Scope 1 fossil fuel-generated energy consumption of the proposed building is equal to the averaged process load building values determined under [paragraph (d)(1)](/on/2024-09-17/title-10/section-433.200#p-433.200(d)(1)) of this section and the applicable building type values in Tables A-1a to A-2a or A-1b to A-2b of appendix A of this subpart, weighted by floor area.

[[89 FR 35416](https://www.federalregister.gov/citation/89-FR-35416), May 1, 2024, as amended at [89 FR 48266](https://www.federalregister.gov/citation/89-FR-48266), June 6, 2024]