Memorandum of Ex Parte Communications 

To: Christopher Calamita, Deputy Assistant General Counsel for Energy Efficiency, U.S. 

Department of Energy 

From: Justin Koscher, Center for Environmental Innovation in Roofing, on behalf of the 

American High-Performance Buildings Coalition 

Date: September 16, 2013 

Re: Meeting of American High-Performance Buildings CoalitionlDepartment of Energy, 

Office of Energy Efficiency and Renewable Energy 

Federal Green Building Certification System Review 

Monday, August 19,2013 

This memorandum is intended to provide a summary of a meeting between the American HighPerformance Buildings Coalition (AHBPC), a coalition of industry organizations committed to 

promoting performance-based energy efficiency and sustainable building standards developed 

through true, consensus-bases processes, and the U.S. Department of Energy's Office of Energy 

Efficiency and Renewable Energy (EERE) that took place on Monday, August 19, 2013. The 

meeting was organized at the request of AHPBC to discuss the ongoing federal green building 

certification system review process and rulemaking. A list of meeting attendees is provided 

below. 

AHPBC opened the meeting with an introduction to the coalition, its members, mission and 

objectives. AHPBC noted that it had met with the General Services Administration's Office of 

Federal High Performance Green Buildings (GSA) to discuss the agency's recommendation to 

the Secretary of Energy on the federal government's use of green building certification systems. 

In their comments to EERE, AHPBC representatives discussed the importance of using full 

consensus processes when developing green building certification systems for federal use. Full 

consensus processes, in conformance with full ANSI or ISO-type standards, ensure that rating 

systems are developed with input from all interested stakeholders, require system developers to 

address all stakeholder comments and objections in an open and transparent process, and ensure 

an equitable voting process. To the extent that green building rating systems currently under 

review by EERE are not developed through full consensus process, AHPBC requested EERE 

encourage those system or standards developers to address key deficiencies within their 

development procedures. AHPBC representatives also shared practical, negative consequences 

on the construction or design of federal energy efficient buildings that can be caused by 

deficiencies in the development process of a particular rating system or standard. 

EERE representatives provided a status update on the current rulemaking process related to 

sustainable design principles and green building rating systems for Federal buildings. EERE 

referred AHPBC to the May 28, 2010 proposed rule for Energy Efficiency and Sustainable 

Design Standards/or New Federal Buildings (75 Federal Register 2993). The proposed rule is at 

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the Department of Energy desk at the Office of Management and Budget. EERE indicated that 

AHPBC can contact the Energy desk to schedule a meeting. When asked whether the proposed 

rule will be subject to further public comment, EERE responded that the document currently 

under review is a final rule. EERE further explained that generally, at this stage of the 

rulemaking process further comment would not be sought unless there was consideration of 

provisions outside the scope of the rule as proposed. EERE indicated that as permitted based on 

the timing of issuance, the current rulemaking effort would take recommendation(s) of the GSA 

Administrator into consideration once issued by GSA. EERE did indicate that the rule as 

proposed did not specify a specific green building rating system for use within the federal sector. 

EERE clarified that the recommendation regarding green building rating systems made by 

GSA's Green Building Advisory Committee on May 1, 2013 , was only a recommendation to 

GSA and was not a recommendation to the Department of Energy. 

AHPBC encouraged future reviews of green building rating systems to conduct a more stringent 

review of the development procedures employed by system developers. EERE responded that 

concerns with the manner in which the green building system review is conducted should be 

directed to GSA. EERE and the Department of Energy are not directly involved in the 

contracting for, or the completion of, the green building system review used by GSA. 

AHPBC encouraged EERE to use the coalition as a resource for expert information on consensus 

processes or other matters related to green building certification systems as EERE continues its 

rulemaking process. 

Meeting Participants: 

• Christopher Calamita, Deputy Assistant General Counsel for Energy Efficiency (EERE) 

• Daniel Gore, Federal Energy Management Program (EERE) 

• Sarah Jensen, Federal Energy Management Program (EERE) 

• Steve Harms, Sika-Sarnafil (AHPBC) 

• Melissa Hockstad, SPI: The Plastics Industry Trade Association (AHPBC) 

• Justin Koscher, Center for Environmental Innovation in Roofing (AHPBC) 

• Tim Serie, American Coatings Association (AHPBC) 

nt for Environmental Innovation in Roofing 

On ehalf of the American High-Performance Buildings Coalition 

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