WEEK

OF

FEBRUARY 21-25, 2011

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CODE ALERT BULLETIN

Brought to you by the Building Codes Assistance Project (BCAP) and its 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 and implementation of building energy codes. This bulletin highlights immediate opportunities to influence state and local policy outcomes, indicates code status, and recommends contact for action. By promoting these opportunities among energy efficiency supporters, advocates can collectively increase their impact at legislative and regulatory proceedings at the state and local level. Feel free to forward this bulletin to others who support the advancement of building energy efficiency. If you are aware of activity should be on this bulletin, or would like to provide feedback, please contact Paul Karrer at (202) 530-4347 or pkarrer@ase.org. *And for the latest energy code news and BCAP activity,* follow us on Twitter, Facebook, and LinkedIn.

* NEWEST STATE ALERTS *

Connecticut DPS Issues Final Draft Amendment to Adopt 2009 IECC Nebraska Committee Approves 2009 IECC Adoption Bill New Mexico 2009 NMECC Effective: Training Begins, Enforcement Starts July 1 Pennsylvania Bill Introduced Would Significantly Alter Code Update Process Puerto Rico Adopts 2009 IECC and Eight Other Model Codes Utah Legislature Declines Amendment to Update Residential Energy Code Washington Energy Code Rollback Bills Left in Committee

* ONGOING STATE ALERTS *

Maine Energy Code Repeal Legislation Introduced Montana Senate Sends 5-Year Energy Code Payback Bill to House South Dakota Voluntary Residential Code Bill Passes Senate, House Committee

* GENERAL ALERTS *
ASHRAE Standard 90.1-2010 Achieves More Than 30 Percent Savings Over 2004 ICC Board Re-engineers Code Councils, Expands Code Action Committees MEEA Open Position: Senior Building Policy Associate

* CALENDAR * ***** CONNECTICUT

Alert Status: The Department of Public Safety has released its final draft of the 2011 Amendment to the 2005 State Building Code to adopt the 2009 IECC, along with the Summary of Comments-Responses received at a December 2010 hearing. The Draft 2011 Amendment must be submitted to the Office of the Attorney General for approval followed by the Legislative Regulation Review Committee. A tentative effective date is early summer 2011. The state had previously updated its energy code through the 2009 Amendment which adopted the 2006 IECC on August 1, 2009. More Information: BCAP Connecticut Code News | 2011 Amendment Final Draft | Summary of Comments-Responses Public Act 09-192 Action: If interested in getting involved, please contact Carolyn Sarno with NEEP [csarno@neep.org] Top

NEBRASKA
Alert Status: A bill (LB 329) has been introduced in the Nebraska Unicameral that would update the Nebraska Energy Code from the 2003 IECC to the 2009 IECC and contains technical cleanup language. The bill came before the Urban Affairs Committee February 15 and was approved unanimously on February 25. It will now go before the entire chamber. 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 329: Home & Text | NEO Training Info Action: If interested in getting involved, please contact Paul Karrer with BCAP [pkarrer@ase.org] Top

NEW MEXICO
Alert Status: Per its publication in the February 14 New Mexico Public Register, the 2009 New Mexico Energy Conservation Code (NMECC) became effective January 28, though the Construction Industries Division (CID) will not enforce the code until July 1, as part of its original intent for a six-month transition period where either the new code or the previous code could be used through June 30. The code was previously the subject of a regulatory freeze by Gov. Susana Martinez and a lawsuit by Sierra Club. On February 1, the Sierra Club agreed to drop its lawsuit against the administration in exchange for her agreeing to publish rules updating 13 state building codes, including the 2009 NMECC. The NMECC contains amendments that would make it approximately 20% more stringent than the 2006 IECC. A statewide training contract for the NMECC has been awarded to the

Building and Fire Code Academy (BFCA), which is offering an extensive training course schedule. More Information: BCAP New Mexico Code News | CID | BFCA | NMECC Course Schedule Action: If interested in getting involved, please contact Jim Meyers with SWEEP [jmeyers@swenergy.org] or Monica Schneider with BCAP [mschneider@ase.org] Top

PENNSYLVANIA
Alert Status: On February 16, a bill (HB 725, based on a previous memorandum and with the support of the Pennsylvania Builders Association) was introduced in the Pennsylvania General Assembly that would significantly alter and rollback the states energy code update process. As of February 24, the bill was assigned to the House Labor and Industry Committee. Specifically, the 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: BCAP Pennsylvania Code News | HB 725: Home & Text | Oberlander Memo | PBA Challenge Court Decision Action: If interested in getting involved, please contact Josh Young with American Chemistry Council [josh_young@americanchemistry.com] Top

PUERTO RICO
Alert Status: In February, the U.S. territory of Puerto Rico adopted the 2011 Puerto Rico Building Code (PRBC), which references nine 2009 International Code Council model codes, including the 2009 IECC. The 2011 PRBC also includes the 2009 International Building, Residential, Fire, Energy Conservation, Plumbing, Private Sewage Disposal, Mechanical, Fuel Gas and Existing Building Codes with local amendments. As an ICC code user, Puerto Rico will benefit from the ICC code development process, which offers a forum for building professionals to discuss performance and prescriptive code requirements. The Code Council will work with Puerto Ricos recently created Office of Permit Management (OGPE) and its partners to provide building code programs for design and construction professionals. ICC also will assist the PRBC. More Information: BCAP Puerto Rico Code News | FEMA Press Release Top

UTAH
Alert Status: On February 3, the Utah House declined to amend a construction codes bill (HB 203) to adopt the 2009 IECC for residential dwellings. On February 10, the Utah Senate Business and Labor Committee also chose not to amend the bill. The panel did, however,

resolve to study the issue more closely during the upcoming interim legislative session from April to October. During the previous interim session, the Legislature chose not to follow the October 2010 recommendation of the Utah Uniform Building Code Commission to adopt a modified version of the 2009 IECC for new homes and major residential renovations, keeping Utahs energy conservation code for one- and two-family dwellings at the 2006 IECC. The state updated its non-residential code to the 2009 IECC after the passage of the State Construction Code Adoption Act, effective July 1, 2010. More Information: BCAP Utah Code News | Recent Media Coverage: SL Tribune Editorial | SL Tribune LTE | KSLTV Action: If interested in getting involved, please contact Kevin Emerson with Utah Clean Energy [Kevin@utahcleanenergy.org] or Jim Meyers with SWEEP [jmeyers@swenergy.org] Top

WASHINGTON
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. A companion bill (SB 5751) was introduced February 9. The bills failed to move out of committee by a February 21 deadline. More Information: BCAP Washington Code News | HB 1388: Home & Text | SB 5751: Home & Text | 2009 WSEC Action: If interested in getting involved, please contact David Cohan with NEEA [dcohan@neea.org] Top

***** 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). As of February 10, a hearing on the bill had not been scheduled before 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 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] Top

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 fiveyear 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 on February 1 and was transmitted to the House. It is scheduled for a hearing on March 3 before the House Business and Labor Committee. 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

SOUTH DAKOTA
Alert Status: On January 24, a bill (SB 94) was introduced in the South Dakota Legislature that would adopt the 2009 IECC as a voluntary energy standard for new residential construction (the current 2006 IECC voluntary standard was passed in 2009). The bill would also accordingly update the states required disclosure form for prospective homebuyers regarding information about the energy efficiency of the new residential building. On January 31, the bill passed the Senate unanimously. On February 23, the House Committee on Commerce and Energy, passed the bill 11-2. More Information: BCAP South Dakota Code News | SB 94: Home & Text | 2006 IECC Voluntary Standard Action: If interested in getting involved, please contact Paul Karrer with BCAP [pkarrer@ase.org] Top

***** ASHRAE 90.1-2010

Alert Status: Published in November, the 2010 version of ASHRAE Standard 90.1 can achieve more than 30 percent energy savings compared to the2004 standard, according to an announcement made today by ASHRAE at its 2011 Winter Conference. The determination was the results of an analysis by Pacific Northwest National Laboratories in support of the DOE Building Energy Codes Program. Without plug loads, site energy savings are 32.6 percent and energy cost savings 30.1 percent. Including plug loads, the site energy savings are estimated at 25.5 percent and energy cost savings 24 percent. For more details, view the ASHRAE press release on Standard 90.1-2010. More Information: BCAP News Article | ASHRAE Press Release Top

INTERNATIONAL CODE COUNCIL

Alert Status: The International Code Council Board has revised Council Policy #31 to expand its Code Action Committee (CAC) structure to establish a comprehensive approach to

single-discipline commentary regarding changes to the I-Codes. The ICC Board expects this change to increase the quality of code change proposals, resulting in a more comprehensive approach to improving a code. CACs will deal with complex, technical issues ahead of the code development process to identify emerging issues or draft proposed code changes of importance to the ICC Membership. A Call for Committees has been issued by the Code Council, and some deadlines are approaching. Interested applicants can view more details and access the application form at www.iccsafe.org/cc. Among the most pertinent changes: Set up a new super committee known as the Codes and Standards Council; Set up four Code Action Committees (that will develop proposals), one of which will be called the Sustainability, Energy & High Performance Building Code Action Committee (SEHPCAC), which will focus on IECC, IRC Energy Chapter 11, and IGCC; and

All current Code Development Committee members will need to reapply. More Information: BCAP ICC Code News | ICC Codes and Councils Homepage Action: If interested in getting involved, please contact Bill Fay with EECC [bfay@ase.org] Top

MEEA OPEN POSITION

Alert Status: An open position has been posted by the Midwest Energy Efficiency Alliance (MEEA), a regional non-profit organization based in Chicago with a mission to advance energy efficiency in the Midwest. The Senior Building Policy Associate will assist the Senior Policy Manager in advancing all of MEEAs building policy activities at the local, state and regional levels. View the job description here. Submit cover letter, resume, and salary requirements to jobs@mwalliance.org (Attn: Senior Building Policy Associate). Applications due by COB on Friday, February 25. More Information: BCAP News Article | MEEA Job Description and Contact Info Top

EVENTS, HEARINGS,

AND

***** COMMENT DEADLINES

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

*****
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