WEEK

OF

JANUARY 31 FEBRUARY 4, 2011

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CODE ALERT BULLETIN

Brought to you by the Building Codes Assistance Project (BCAP) and its new website the Online Code Environment & Advocacy Network (OCEAN)
Welcome to the weekly Code Alert Bulletin designed to share information and support timely participation in state and local activities related to the adoption of building energy codes. Each bulletin will highlight immediate opportunities to influence the outcome of state and local policy, indicate code status, and recommend action. We believe that by broad dissemination of these opportunities among energy efficiency supporters, we will collectively increase our impact at the state and local level and improve the outcome of policy debates and legislative and regulatory proceedings. We invite you to pass this email along to others who support energy efficiency improvements at the state and local level and would like to receive this information. If you are aware of activity that needs to be on this list, or would like to provide feedback on this bulletin, please contact Paul Karrer at (202) 530-4347 or pkarrer@ase.org.

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* STATE ALERTS *
Maine Energy Code Repeal Legislation Introduced Montana Bill Would Require 5-Year Payback Demonstration for Future Energy Codes Nebraska 2009 IECC Bill Hearing Scheduled for Feb. 15 New Mexico Governor Agrees to Publish Building Codes, Sierra Club Drops Suit Oregon Reach Code Draft Updated; Amendment Proposals Deadline Feb. 22 Pennsylvania Legislator Intends to Introduce Energy Code Rollback Bill South Carolina Energy Advisory Council to Discuss Energy Code Statutes Feb. 4 Vermont Comments on Updated Commercial Code Due Feb. 4

Washington1 Builders Lawsuit to Rollback Energy Code Heads to Court Washington2 Legislation Introduced to Halt Energy Code Implementation

* GENERAL ALERTS *

IECC Free Downloads for 2009 IECC Running Out Fast

OCEAN Resource of the Week Compliance Planning Assistance Program Update

* CALENDAR *

***** MAINE
Alert Status: On January 11, a bill (HP 36 LD 43) was introduced in the Maine Legislature that would repeal the Maine Uniform Building and Energy Code (MUBEC). The bill was referred to the House Committee on Labor, Commerce, Research and Economic Development on January 25. Other legislation has been introduced to delay, modify, or alter the application of the MUBEC. After the legislative establishment of the MUBEC in April 2008 by LD 2257 (enacted as P.L. 699), the Bureau of Building Codes and Standards (within the Department of Public Safety) issued regulations setting the 2009 IECC and ASHRAE 90.1-2007 as the mandatory energy standards for residential, commercial, and public buildings statewide. The MUBEC became effective June 1, 2010, although there was a six-month transition period during which towns may could still enforce their previous codes. Among the new rules: Towns with a population of 2,000 that had a building code on August 1, 2008 were required to begin enforcing the code December 1, 2010.

Towns with a population of 2,000 that did not have a building code on August 1, 2008 will be required to begin enforcing the code December 1, 2012. Towns with a population under 2,000 are not required to enforce the code. The MUBEC replaces all local municipal building codes. Cities and towns may not amend any MUBEC provisions, even to make it more stringent. Enforcement is the responsibility of local jurisdictions. Municipalities without a CEO certified by the State Planning Office may authorize a Third-party Inspector to conduct compliance inspections and prepare a report to be given to the municipal CEO as an application for the Certificate of Occupancy. More Information: BCAP Maine Code News | HP 36 LD 43: Home & Text | Bureau of Building Codes and Standards | MUBEC FAQs | SPO Code Enforcement & Training | P.L. 699 Action: If interested in getting involved, please contact Monica Schneider with BCAP [mschneider@ase.org] or Paul Karrer with BCAP [pkarrer@ase.org]

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MONTANA
Alert Status: On January 12, a bill (SB 159) was introduced in the Montana Legislature that would affect future updates to the state energy code (currently based on the 2009 IECC). The bill would require the Department of Labor and Industry (DLI) to demonstrate a five-year payback period for the added incremental costs (relative to the 2009 IECC) of constructing a home to proposed code updates in the future. The bill passed the state Senate 27-22 on February 1 and will be referred to the state House. More Information: BCAP Montana Code News | SB 159: Home & Text | ARM Title 24 Action: If interested in getting involved, please contact David Cohan with NEEA [dcohan@neea.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

NEBRASKA
Alert Status: Two bills, LB 55 and LB 329, have been introduced in the Nebraska Unicameral that would update the Nebraska Energy Code from the 2003 IECC to the 2009 IECC. LB 329 also contains technical cleanup language. The bills have been referred to the Urban Affairs Committee, which will hold a hearing on the bills February 15. The Nebraska Energy Office (NEO) announced a schedule of free training opportunities for the building community. Some sessions are now full, so sign up today to reserve a spot and/or be placed on a waiting list. Four free training opportunities scheduled for February 22-23 and March 16-17. The workshops will be presented by the International Code Council and will focus on critical concepts of the 2009 IECC highlighting essential code components for designing energy-efficient structures for all members of Nebraskas construction industry.

Two workshops on May 5-6 presented by Joe Lstiburek of the Building Science Corporation that will focus on advanced building science topics. More Information: BCAP Nebraska Code News | LB 55: Home & Text | LB 329: Home & Text | NEO Training Info Action: If interested in getting involved, please contact Paul Karrer with BCAP [pkarrer@ase.org] or Nathan Pepper with MEEA [npepper@mwalliance.org] Top

NEW MEXICO
Alert Status: On February 1, the Sierra Club agreed to drop its lawsuit against the administration of Gov. Susana Martinez in exchange for her agreeing to publish rules updating 13 state building codes, including the 2009 New Mexico Energy Conservation Code (NMECC). The rules had been pending publication until Gov. Martinez issued an executive order on January 1 freezing the implementation of the codes for 90 days pending further review. On January 18, the Sierra Club asked the New Mexico Supreme Court to require the administration to print the rules. The eventual agreement followed two Supreme Court decisions ruling the Governor had exceeded her authority to cancel other sets of new environmental rules (one involving pollution from dairies and the other reducing greenhouse gas emissions from utilities and other major polluters).

The codes were originally adopted by the Construction Industries Division (CID) from July through September 2010. The NMECC contains amendments that would make it approximately 20% more stringent than the 2006 IECC. The codes are expected to be published in the State Register soon, with all provisions in effect by July 1. SWEEP expects training sessions on the new codes using stimulus money will take place this spring throughout the state. More Information: BCAP New Mexico Code News | Public News Service Report | 2009 NMECC Resource Archive Action: If interested in getting involved, please contact Jim Meyers with SWEEP [jmeyers@swenergy.org] or Monica Schneider with BCAP [mschneider@ase.org] Top

OREGON
Alert Status: The Oregon Building Codes Division (BCD) Reach Code Committee has chosen the 2012 International Green Construction Code Version 2.0 as the model document for Oregons first Reach Code. An updated draft of the 2011 Oregon Reach Code has been posted on the committees website. The draft shows committee approved recommendations for chapters 4, 5 and 6 (through section 611). BCD has extended the deadline to submit residential green code amendment proposals to February 22. The anticipated code adoption date is April 1, 2011. More Information: BCAP Oregon Code News | Oregon Reach Code Committee | Amendment Proposal Process | Residential provisions | ODJC News Article | Oregon SB 79 | Oregon BCD Action: If interested in getting involved, please contact David Cohan with NEEA [dcohan@neea.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

PENNSYLVANIA
Alert Status: On January 21, state Rep. Donna Oberlander issued a memorandum about her intent to introduce legislation this session (with the support of the Pennsylvania Builders Association) to significantly alter and rollback the states energy code update process. Specifically, such legislation would amend the Uniform Construction Code Act of 1999 that requires the Department of Labor and Industry (DLI) to adopt the latest triennial International Codes Council (ICC) family of building codes including the IECC by December 31 of the year they are issued (the 2009 ICC codes became effective on December 31, 2009). Expected provisions of this legislation would include: Adding several new homebuilder members to the Uniform Construction Code (UCC) Review and Advisory Council; Eliminating the automatic adoption of new ICC editions every three years; and Stripping the Council of its authority to approve new codes, allowing it only to report to the Secretary of Labor and Industry, who then would determine if changes in the UCC should be proposed as a regulation to be adopted after full regulatory review. The UCC has been subject to rollback attempts before. In 2010, the Commonwealth Court of Pennsylvania dismissed a case in which the Pennsylvania Builders Association challenged the constitutionality of the 2009 UCC and its implementation. More Information: Rep. Oberlander Memorandum | PBA Challenge Court Decision Action: If interested in getting involved, please contact Paul Karrer with BCAP [pkarrer@ase.org]

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SOUTH CAROLINA
Alert Status: The Energy Advisory Council of the State Regulation of Public Utilities Review Committee has been tasked with improving various energy efficiency policies in South Carolina. Among the tasks, Working Group B will meet February 4 to discuss statutory revisions to streamline the adoption and implementation of improved building energy codes (among other issues). The states current energy code is the 2006 IECC and has been effective since July 2009 after legislation removed an alternative residential compliance option that was substantially weaker. The South Carolina Building Codes Council will still promulgate any rules updating the state energy code. The Energy Advisory Council plans to have a meeting on February 18 to receive oral public testimony regarding the building energy code in South Carolina. More Information: BCAP South Carolina Code News | Energy Advisory Council | SCBCC Action: If interested in getting involved, please contact Brian Sernulka with BCAP [bsernulka@ase.org] or Eric Lacey with RECA [eric@reca-codes.com] Top

VERMONT
Alert Status: As directed by Vermont Act 45 of 2009, the Department of Public Service (DPS) is working to update the 2011 Vermont Commercial Building Energy Standards (CBES) to reference the 2009 IECC and ASHRAE Standard 90.1-2007 for commercial buildings (the 2005 RBES currently is based on ASHRAE Standard 90.1-2004). DPS will hold public hearing on the proposed rule on January 27. Written comments must be submitted by February 4. DPS is also currently updating the 2011 Vermont Residential Building Energy Standards (RBES) to reference the 2009 IECC with several strengthening amendments. More Information: BCAP Vermont Code News | Proposed Rules: CBES & RBES | DPS Home | Vermont Act 45 Action: If interested in getting involved, please contact Mike DeWein with BCAP [mdewein@ase.org] or Monica Schneider with BCAP [mschneider@ase.org] Top 1

WASHINGTON

Alert Status: On February 3, a motion hearing will be heard in federal court regarding a lawsuit seeking changes in the 2009 Washington State Energy Code (WSEC). The 2009 WSEC was originally scheduled to take effect July 1, 2010, but the State Building Code Council (SBCC) voted to delay the implementation date to January 1, 2011. While the new code (estimated to be more stringent than the 2009 IECC) took effect, the lawsuit filed by the Building Industry Association of Washington (BIAW) in May 2010 continued through the legal process under the U.S. District Court for the Western District of Washington. Multiple resources on the 2009 WSEC residential provisions are available through the Washington State University Energy Extension Program, including:

Significant changes from the residential provisions of the 2006 WSEC Incremental first cost analyses for residential and non-residential buildings. The residential report shows that in a gas heated house of average size house the cost of applying the 2009 WSEC is about $1.00 per sq. ft. The return on investment to the homeowner occurs around Year 3 of home ownership

 An extensive 2011 training schedule, including courses on energy code compliance, duct testing, ENERGY STAR/PTCS/HERS rater certification, and industrial equipment. More Information: BCAP Washington Code News | 2009 WSEC | BIAW Press Release | State Building Code Council | WSU Energy Extension Program | WSU 2011 Training Schedule | Cost Analyses: Residential & Non-residential Action: If interested in getting involved, please contact David Cohan with NEEA [dcohan@neea.org]
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WASHINGTON2
Alert Status: On January 20, a bill (HB 1388) was introduced in the Washington State Legislature that would halt the current implementation of the 2009 Washington State Energy Code (WSEC) effective since January 1, 2011 and postpone implementation until at least April 1, 2012. As of February 1, the bill had been referred to the House Committee on Technology and Energy & Communications. The 2009 WSEC is currently also subject to litigation to rollback its requirements. More Information: BCAP Washington Code News | SB 159: Home & Text | 2009 WSEC Action: If interested in getting involved, please contact David Cohan with NEEA [dcohan@neea.org] Top *****

FREE MODEL CODES DOWNLOAD

Alert Status: Via funding through a federal grant, the U.S. Department of Energy has partnered with ASHRAE and the International Code Council (ICC) to provide FREE electronic copies of the national model energy codes. To download a free electronic version of the 2009 IECC, you will have to fill out a form in order to receive the link and serial number to unlock and read the protected PDF. The allotment of available free copies is running low, so order today! Free electronic copies of ASHRAE Standard 90.1-2007 (I-P Edition) are no longer available. More Information: BCAP Code News 2009 IECC | 2009 IECC Download Page | ICC Home Page | EnergyCodes.gov Top

COMPLIANCE PLANNING ASSISTANCE PROGRAM

Alert Status: BCAP has completed six of 15 state Gap Analysis reports as part of the initial phase of its Compliance Planning Assistance (CPA) program. The completed state reports include Arkansas, Colorado, Delaware, Michigan, South Carolina, and South Dakota. Check out the reports, along with BCAPs Implementation Status Map for updates on the various energy code implementation projects around the nation, only on OCEAN! More Information: BCAP Implementation Status Map | Compliance Planning Assistance (CPA) Program Action: If you would like to alert BCAP about an implementation project in your state, contact Mark Lessans [mlessans@ase.org]

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EVENTS, HEARINGS,

AND

COMMENT DEADLINES

Fri, Feb 4: Vermont 2011 Commercial Building Energy Standards (ASHRAE 90.12007) public comments due Fri, Feb 4: South Carolina Energy Advisory Council Working Group B meeting in Columbia, SC Fri, Feb 18: South Carolina Energy Advisory Council hearing for public testimony in Columbia, SC Tues, Feb 22: Oregon Reach Code residential amendment proposals due Tues, Mar 1: Virginia Uniform State Building Code (2009 IECC) effective with one year phase-in period Wed, Mar 9: Michigan 2009 Michigan Uniform Energy Code (2009 IECC) effective Fri, Apr 1: Texas 2011 Texas BEPS (2009 IECC) for non-residential buildings effective Top

BCAP Events Calendar Building Codes Assistance Project 1850 M Street NW | Suite 600 | Washington, DC 20036 (202) 530-4347 | Contact BCAP

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