If the technological path is clear, the legal path is anything but. Ownership of buildings is fragmented, and any public policy designed to speed up the transition of buildings must grapple with this complexity. To cite a simple example, the owner of an apartment building has the right to decide what kind of appliances it will have and what efficiency standards they will meet, but it is the tenants who must pay the energy bills. This gives the owner no incentive to fix up the building or install efficient appliances, while the tenant with a direct financial stake in those decisions has little or no ability to influence them — a problem known as the “split incentive”. Similar problems apply in commercial buildings, but they are afflicted by another difficulty: serious expertise may be required to run the complex air-handling systems in larger buildings, and it is often lost as buildings age and change hands. Research has found that many commercial buildings operate far below their maximum potential efficiency.
Decades of work on these problems has led to limited progress. As a result, many experts have recently concluded that the only way to achieve society’s goals will be to impose legally enforceable mandates on building-energy use. In the past few years, such mandates have begun moving onto the statute books, but there is a long way to go to achieve universal coverage of the building stock.
An obvious and immediate task is stop constructing new buildings that are going to need fixing in a few years — that is, to adjust the building codes and related requirements now, so that newly constructed buildings are fit for purpose in 2050. Dozens of towns in California, and a handful elsewhere in the United States, have banned the installation of new gas hook-ups in buildings, requiring that they be all-electric when constructed. California also requires solar panels on all new homes, to offset as much of the electricity use as possible. In many jurisdictions around the world, however, building codes are woefully out of date, and need to be revised to incorporate the latest standards in energy efficiency.