Joe Hagerman DOE Representative Manufactured Housing WG 

# Manufactured Housing Working Group Working Group Responsibilities and Interactions with DOE and the ASRAC August 4

- 5, 20142 

## Agenda
Welcome , Introductions, and Ethics Description of Negotiated Rulemakings Establishment of Ground Rules Analysis Summary Scheduling Future WG Meetings Non - Member Public Comment Session Introduction of Key Issues by Members Prioritization and Mapping of Key Issues Establish Needs for Next Meeting Non - Member Public Comment Session 

### Day 1

Day 23 

## Agenda

Welcome , Introductions, and Ethics Description of Negotiated Rulemakings Establishment of Ground Rules Analysis Summary Scheduling Future WG Meetings Non - Member Public Comment Session 

### Day 14 

## Welcome

• Introductory remarks from DOE

• Housekeeping details

• Role of the facilitator

• Working group (WG) member introductions5 

## Ethics Discussion

• Discussing the individual interest of an organization

• Interaction of Appliance Standards and Rulemaking Federal Advisory Committee (ASRAC) and the manufactured housing (MH) WG

• Process for asking procedural and ethical questions

1. Discussion of any questions relating to ethics.6 

## Agenda

Welcome, Introductions, and Ethics Description of Negotiated Rulemakings Establishment of Ground Rules Analysis Summary Scheduling Future WG Meetings Non - Member Public Comment Session 

### Day 17 

## DOE and ASRAC

• DOE formed ASRAC in 2012 to further improve the DOE process of establishing efficiency standards

• ASRAC is an advisory committee chartered by DOE

• ASRAC is solely advisory in nature, with focus on rulemaking issues and solutions

• Committee tasks originate from discussion between DOE and ASRAC members, defining clear goals, timeframe for task completion, and target date for presenting the Committee’s formal recommendations to DOE8 

## DOE and ASRAC

• As needed , ASRAC votes to form WGs to investigate each task in detail and gather additional input from stakeholders

• DOE may withdraw a task from ASRAC at any time

• In the event a consensus recommendation is not reached for a particular task within a given timeframe, ASRAC will let DOE know that no recommendations will be made and it is determined to withdraw the task or give the WG more time

– Without a consensus recommendation from the WG and affirmation from ASRAC, DOE will proceed with its “normal” rulemaking activities9 

## Benefits of Negotiated Rulemaking ASRAC efforts are expected to expedite rulemaking activities and yield better decisions by moving to a consensus model .

• Permits expert dialog in real

- time during development of the proposed rule

• Can be less adversarial

• Provides more time for an iterative process to resolve issues

• Potential for a more pragmatic and easier to implement regulation

• Potential for reduction of modifications following the proposed rule10 

## ASRAC’s Process Flow

ASRAC

ASRAC/ DOE form Working Groups

WG “Task Brief Meeting” WG Presents Update/ Consensus to ASRAC 

### ASRAC Deliberation Update/ Consensus Task Discussion

Recommendation

WG Update/ Consensus WG Deliberations As Decided

- Additional Work from WG As Decided

– Dissolve WG 1

2

3

4 5 6 7 8 8a 8

b11 

## ASRAC Process: Tasking Discussion

• At a public meeting, ASRAC discusses identified tasks and may identify additional tasks (with input/discussion from DOE and the public) and votes on whether to accept or reject a task

• For accepted tasks, DOE and ASRAC establish clear goals, timeframe for task completion/ deliverables, and target date for presenting ASRAC’s formal recommendations to DOE

• ASRAC members will be asked to volunteer to serve on WGs based on expertise and interest

– In instances where there are no volunteers, ASRAC members will be asked to nominate a fellow member and bring to a vote12 

## ASRAC Process: WG Formation

• After tasking is finalized, DOE publishes a Federal Register notice that:

1. Announces the task taken on by ASRAC, 2. Solicits nominations for the WG, and 3. Establishes expected time commitment requirements for WG members
• Depending on established task deadlines, nominations may be accepted for up to one month

• ASRAC conducts the initial screening to select members for the working group

• Membership for WGs is limited to 25 members , this includes the required seats for at least one full Committee representative and one for DOE’s representative
• Once the recommendations are finalized, DOE has the opportunity to review and amend WG membership, as necessary

• Once formed, the DOE and ASRAC representatives for the WG select a WG chair13 

## ASRAC Process: WG “Task Brief Meeting”

• Once a working group is finalized, DOE publishes a notice of open meeting in the Federal Register that announces the first meeting (“Task Brief Meeting”)

• At the task brief meeting: 1. DOE and the ASRAC representative outline the expectations of the WG as a negotiated rulemaking effort (if applicable) 2. DOE and the ASRAC representative clearly outline the task at hand 3. WG members reaffirm their commitment to the task and develop a work plan
• Work plan is emailed to ASRAC members as courtesy and chance to comment

– ASRAC members will have a finite amount of time to comment

– Comments will be considered at the WG next meeting and the work plan will be finalized14 

## ASRAC Process: WG Deliberations

• After establishing a work plan, WGs meet as necessary to accomplish set goals

– Meetings will be announced in the Federal Register and are open to the public

– The outcome of the negotiation must be in full compliance with statutory mandates

– All participants will need to provide DOE with data and an analytic framework to support deliberations

– Good faith negotiation required

– DOE will perform analysis to support the negotiations

– Specifics of WG end goals and deadlines are established in ground rules15 

## ASRAC Process: WG Deliberations

• Working groups operate by consensus

– The WG defines the meaning of consensus

– Once the WG has reached a consensus (or decided the inability to reach consensus) about its recommendation, it will draft a report for distribution to the full Committee and will notify the ASRAC chair(s)

– The WG chair will present the recommendations and efforts of the working group at the next full Committee meeting

– In instances there is a ASRAC meeting before consensus can be reached, WG will be asked to provide an update to ASRAC regarding their efforts16 

## ASRAC Process: ASRAC Deliberation on WG Efforts

• WG chair will present any updates or their final consensus determination to ASRAC

– For updates (or instances a determination has been made that the working group cannot achieve consensus), the WG chair will present current majority and minority views towards the working group’s efforts to ASRAC

• Based on the WG’s update, ASRAC will deliberate and: 1. Give additional time allowance for a given task, decide to have the WG give the task further consideration or focus on specific issue raised by the Committee 2. Vote to accept the WG’s recommendation without change and form a recommendation to DOE with majority and minority views 3. Notify DOE that no recommendation can be made on particular task and give associated rationale:

a. WG cannot achieve consensus or b. ASRAC is not able to reach majority consensus to submit WG’s recommendation without change17 

## ASRAC Discussion

Issue 2. Discussion of the general ASRAC and WG negotiation process.18 

## Manufactured Housing WG “Charter ” from ASRAC

• The purpose of the working group will be to discuss and, if possible, reach consensus on a proposed rule for the energy efficiency of manufactured homes, as authorized by section 413 of the Energy Independence and Security Act of 2007 (EISA). The working group shall complete work on the term sheet for a proposed rule by September 30, 2014, or either cease activities of the working group or request and extension, with date certain, from ASRAC.

Issue 3. Discussion of the manufactured housing WG charter.19 

## Agenda

Welcome, Introductions, and Ethics Description of Negotiated Rulemakings Establishment of Ground Rules Analysis Summary Scheduling Future WG Meetings Non - Member Public Comment Session 

### Day 120 

## Negotiation Ground Rules

• Negotiations will be conducted under the Federal Advisory Working Group Act (FACA), the Negotiated Rulemaking Act of 1990 (NRA), and DOE’s Negotiated Rulemaking Policy

• Recordkeeping

– A written transcript will be generated

– Unofficial summaries of WG meetings will be prepared by the facilitator


### • WG Members may discuss amendments to the ground rules21 

## Negotiation Ground Rules – Participants

• Membership. The WG consists of those individuals whom DOE appoints , as nominated by the affected interests

• Alternates. Alternates may substitute for Members

– Only WG Members may vote on any consensus recommendation, and any alternate casting a vote shall do so on behalf of the Member


### • Attendance. Members agree to make a good faith effort to attend every WG session. Attendance and voting may be by telephone or other electronic means
• Participation. Only Members/alternates, with exceptions

Issue 4 . Discussion of amendments to ground rules for participants.22 

## Negotiation Ground Rules – Decision Making

• The WG will operate and make decisions by consensus

• Consensus is defined by the Members

• Subgroups

– Subgroups can be formed to address specific issues

– Subgroups make a recommendation to the WG

– The WG ultimately must reach consensus on the subgroup issue


### • WG may discontinue negotiation at any time if not productive

• Negotiations will terminate by September 30, 2014, unless DOE and ASRAC decide to extend the deadline

Issue 5 . Discussion of amendments to ground rules for decision making.23 

## Negotiation Ground Rules - Agreement

• WG agreements take the form of a written document, including a term sheet and supporting analysis

• DOE translates the term sheet into the NOPR documents, consistent with legal obligations

• Members must not oppose the agreement publically

– No negative comments

– No adverse action and support

– No challenges


### • In the absence of consensus, parties shall not be bound by positions taken or accepted

Issue 6. Discussion of amendments to ground rules for agreement.24 

## Agenda

Welcome, Introductions, and Ethics Description of Negotiated Rulemakings Establishment of Ground Rules Analysis Summary Scheduling Future WG Meetings Non - Member Public Comment Session 

### Day 125 

## DOE Rulemaking Process

Advanced notice of proposed Rulemaking

(ANOPR) Notice of Proposed Rulemaking (NOPR) Final Rule



### • If the WG reaches agreement on proposed standards, it is presented to ASRAC and, if accepted, published in a NOPR Rulemaking Process26 

## Statutory Authority (42 U.S.C. § 17071)

• DOE must establish energy efficiency standards for MH

– Must provide notice and an opportunity for public comment

– In consultation with the Secretary of Housing and Urban Development, who may seek further counsel from the Manufactured Housing Consensus Committee
• Standards must be based on the most recent International Energy Conservation Code (IECC), which is the 2015 IECC, unless:

– T he IECC is not cost effective

– A more stringent standard is more cost effective

– Cost

- effectiveness is based on the impact of the IECC on the purchase price of MH and on total lifecycle construction and operating costs.
• Standards may consider the following:

– The design and factory construction techniques of MH

– The use of HUD climate zones rather than IECC climate zones

– Alternative practices that yield equal or lesser energy use27 

## Analysis DOE may conduct multiple analyses to develop the NOPR.

Technology Assessment Price Efficiency Analysis

Shipments Analysis National Impact Analysis Life - Cycle Cost and Payback Period Analysis

Regulatory Flexibility Analysis Environmental Assessment

Monetization of Emissions
Regulatory Impact Analysis28 

## Analysis DOE’s NOPR analyses may include the following:

• Technology Assessment

– Review of the available energy efficiency measure options


### • Price

- efficiency Analysis

– Price and energy use associated with an energy efficiency measure option


### • Life

- Cycle Cost & National Impact Analysis

– Economic impact on individual consumers and consumers as a whole


### • Environmental Assessment & Monetization

– Impact on reduced pollutant emissions and its monetary value


### • Regulatory Impact Analysis

– Alternative means for achieving cost

- effective energy savings Issue 7. Discussion of potential analyses.29 

## Current MH Analysis

• DOE is currently preparing an energy analysis of the 2015 IECC

– Compares current MH energy use to the energy use expected with MH constructed to 2015 IECC requirements as well as 2006, 2009, 2012 codes.

– Some 2015 IECC requirements may be modified based on applicability to MH

– Using building energy analysis software

- EnergyPlus (v8.0 )


### • DOE is receptive to receiving information for preparing this analysis or relevant information that the WG may want analyzed alongside the 2015 IECC

Issue 8 . Discussion of the current MH analysis.30 

## Agenda

Welcome, Introductions, and Ethics Description of Negotiated Rulemakings Establishment of Ground Rules Rulemaking Analysis Summary Scheduling Future WG Meetings Non - Member Public Comment Session 

### Day 131 

## WG Meeting Scheduling

• Tentatively estimate the number of meetings needed

• Determine an interval for the meetings ( e.g., 2 per month)

• Determine the time, date, and place of scheduled meetings

Issue 9 . Discussion of WG meeting schedule.32 

## Agenda

Welcome, Introductions, and Ethics Description of Negotiated Rulemakings Establishment of Ground Rules Rulemaking Analysis Summary Scheduling Future WG Meetings Non - Member Public Comment Session 

### Day 133 

## Non - Member Public Comment Session

• Non

- members may make statements, provide information, or raise questions and issues to the WG

Issue 10. Non - Member public comments.Joe Hagerman DOE Representative Manufactured Housing WG 

# Manufactured Housing Working Group Working Group Responsibilities and Interactions with DOE and the ASRAC August 4

- 5, 201435 

## Agenda
Welcome , Introductions, and Ethics Description of Negotiated Rulemakings Establishment of Ground Rules Analysis Summary Scheduling Future WG Meetings Non - Member Public Comment Session Introduction of Key Issues by Members Prioritization and Mapping of Key Issues Establish Needs for Next Meeting Non - Member Public Comment Session 

### Day 1

Day 236 

## Agenda

Introduction of Key Issues by Members Prioritization and Mapping of Key Issues Establish Needs for Next Meeting Non - Member Public Comment Session 

### Day 237 

## Introduction of Key Issues by Members

• Each Member can speak to key areas of concern and interest.

• Future meetings will provide a venue for discussion of these issues and others, and for providing more detail.

Issue 1. Introduction and identification of key issues and data.38 

## Agenda

Introduction of Key Issues by Members Prioritization and Mapping of Key Issues Establish Needs for Next Meeting Non - Member Public Comment Session 

### Day 239 

## Prioritization and Mapping

• How should the issues identified be prioritized by the WG?

• What information or analysis is needed for issue resolution?

Issue 2. Discussion of prioritization and mapping.40 

## Needs for Next WG Meeting & Schedule

• What topics should be discussed at the next WG meeting?

• What is needed from Members and DOE in preparation?

• Confirm the schedule of future WG meetings.

Issue 3. Discussion of needs and schedule for upcoming WG meetings.41 

## Agenda

Introduction of Key Issues by Members Prioritization and Mapping of Key Issues Establish Needs for Next Meeting Non - Member Public Comment Session 

### Day 242 

## Non - Member Public Comment Session

• Non

- members may make statements, provide information, or raise questions and issues to the WG.

Issue 4. Non - Member public comments.