1. Evaluating Requirements for Standards in Legislation Pamela Androff Washington Internship for Students in Engineering Sponsored by ASHRAE August 6 th, 2008 1

2. Outline Background Information Explanation of Issue Key Conflicts and Concerns Discussion Recommendations Conclusion 2

3. What are standards? Standards are a baseline for a particular science or technology 3 Used as the minimum requirement Easily communicate specifications Common understanding

4. Why do we have standards? CommodificationCompatibilityInteroperability SafetyRepeatabilityQuality 4

5. Standards are not required! Standard = voluntary Code = requirement A standard can become code if it is mentioned in legislation Accreditation = an acceptable practice An accredited body can employ a certain technique 5

6. The Problem Policy makers want a specific target or goal out of industry Requirements for new goal are written directly into legislation Becomes a requirement for the industry Policy makers want a specific target or goal out of industry Policy maker knows that industry generally uses a standard for its work In the legislation, SDOs are given targets to meet SDO is responsible for developing new standard 6 Common Practice New Issue

7. Commercial Energy Usage Energy Information Administration, 20037

8. H.R. 3221, Section 9031 “The Secretary shall support updating the national model building energy codes and standards at least every three years to achieve overall energy savings, compared to the 2006 IECC for residential buildings and ASHRAE Standard 90.1 2004 for commercial buildings, of at least— (A) 30 percent by 2010; (B) 50 percent by 2020; and (C) targets to be set by the Secretary in intermediate and subsequent years, at the maximum level of energy efficiency that is technologically feasible and life-cycle cost effective. …If the Secretary makes a determination…that a code or standard does not meet the targets…then the Secretary shall within 12 months propose a modified code or standard that meets such targets.” The Renewable Energy and Energy Conservation Tax Act of 2007 8

9. Key Conflicts and Concerns Interference in current process Pressure on SDOs Details of a government standard replacing current standard Current government documentation 9

10. Standard Developing Process Standards developed since the late 1800 s American National Standards Balance Openness Consensus 10

11. Standard Developing Organizations Difficulty in meeting the given timeline Voting members must come to a consensus Resources (staffing, funding for meetings, etc.) unavailable to expedite the process Difficulty in meeting the target percentages New technology available to meet the requirements? Voting members must come to a consensus In an extreme situation, current due process may be forgone to meet requirements 11

12. Government Standard No details are given in legislation Who will maintain or ‘own’ the standard? Toth, StandardView Vol. 4, No. 4, December/199612 US Standards 93,000 Federal Government 44,000 Private Sector 49,000

13. Current Government Documents National Technology Transfer and Advancement Act (1996) “ …all Federal agencies and departments shall use technical standards that are developed or adopted by voluntary consensus standards bodies, using such technical standards as a means to carry out policy objectives or activities determined by the agencies and departments." OMB A-119 “All federal agencies must use voluntary consensus standards in lieu of government-unique standards in their procurement and regulatory activities, except where inconsistent with law or otherwise impractical.” 13

14. Discussion Form of organizationCharacteristic AutocracyThe boss decides BureaucracyGuided by formal rules and procedures DiplomacyPersonal processes to determine content and approval DemocracyAll interested parties are welcome in drafting and approval. 14

15. Discussion European Union New Approach (Council Resolution, May 1985) 3 SDOs The EC provides “essential requirements” China Standardization Administration of China (Est. 2001) Manage all standard activities 260 technical committees, 300 subcommittees 15

16. Discussion America is unique ! Over 700 SDOs Dynamic standard developing process Important to preserve our current process Standards are widely accepted due to the current process 16

17. Recommendations 1.Eliminate requirements in legislation Responsible party: policy makers Action needed: lobbyists, constituents 2.Redefine standardization and re-educate stakeholders Responsible party: SDOs Action needed: SDOs, standard developers 3.Increase funding in Research and Development Responsible party: policy makers Action needed: lobbyists, constituents 17

18. Conclusion Standards in legislation is an important issue to the standards-writing community A open, balanced process is used to develop standards that should be preserved Goals and targets should be left as that; not set as requirements Action needs to be taken to resolve the issue 18

19. Questions and Comments? Pamela Androff pamela.androff@gmail.com Acknowledgements Doug Read and Ryan Colker, ASHRAE Dr. Jeff King, Faculty Member in Residence Melissa Carl, ASME and Erica Wissolik, IEEE John Budyos, Library of Congress Fellow interns 19