January, 1, 2023, new Federal minimum efficiency standards for air conditioners and heat pumps, known as Seasonal Energy Efficiency Ratio 2 (SEER2), will go into effect across the United States. The new standard has created a number of issues for projects under construction because the new law does not contain a grace period for transition and some local building officials have indicated that approved building permits will not exempt projects from the new requirements.  Florida developers, contractors, and design professionals must be mindful of the fast-approaching deadline to comply with SEER2.  If you are in possession of air-conditioning units that do not comply with the heightened efficiency requirements, all efforts must be undertaken to ensure that such non-compliant systems are “installed” prior to the January 1, 2023 deadline. Developers and contractors who purchased non-compliant cooling units, but will not be able to install them before the January 1, 2023 deadline, must either modify their equipment or obtain compliant equipment. Failure to comply with SEER2 can result in serious fines and penalties. In addition, local building officials have already indicated that they will not issue a Certificate of Occupancy (CO) without demonstrating compliance. 


All air conditioning and heat pump units installed in the United States will be required to meet the updated SEER2 standards by the January 1, 2023 deadline. The following memorandum provides guidance for developers and contractors to ensure their compliance with new laws to avoid fines, penalties, or delays to the completion of construction projects. 


How is SEER2 Different? By replacing SEER with SEER2, the DOE is updating air conditioner and heat pump efficiency standards to reflect improvements in the accuracy of testing, as well advancements in HVAC technology. The main difference between SEER and SEER2 is the testing conditions for each rating system.  Current SEER testing conditions do not properly account for the influence of poorly designed ductwork, which often lead to increased static pressures and energy consumption. Under SEER protocols, the external static test pressure was often not high enough to replicate real-world applications. For SEER2, a new testing procedure, known as M1, raises the static pressure used in the lab. This change more accurately represents real world conditions and leads to efficiency ratings that are more accurate. While these differences may seem like mere tweaks, they produce different data values and warrant a new rating system. As a result of the new testing protocol, SEER2 ratings for cooling equipment will be approximately 5% lower than SEER ratings in most cases. 

SEER 2 Minimum Equipment Efficiency Rating Changes: Critical for Compliance The following are the regional standards set forth by SEER2: 

North Region: Residential air conditioners must have a SEER2 rating of 13.4 (or SEER of 14) 

Southeast Region (including Florida): Residential air conditioners below 45,000 BTUs must have a SEER2 rating of 14.3 (or SEER of 15). Air conditioners 45,000 BTUs - 65,000 BTUs must have a SEER2 rating of 13.8 (or SEER of 14.5). 

Southwest Region: Residential air conditioners below 45,000 BTUs must have a SEER2 rating of 14.3 (or a SEER of 15) and an EER2 of 11.7 (9.8 EER2 if SEER2 = 15.2). Residential air conditioners 45,000 BTUs – 65,000 BTUs must have a SEER2 rating of 13.8 (or a SEER of 14.5) and an EER2 of 11.2 (9.8 EER2 if SEER2 = 15.2).