WEEK

OF

MARCH 14 18, 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 *

Illinois Bill to Exempt Residential Renovations Removed by Sponsor Maryland Bill Would Allow State, Jurisdictions to Adopt IGCC New Mexico CID Announces Free Energy Code Training Schedule Pennsylvania Bill to Alter Code Update Process Goes Before Panel on March 23 South Dakota Voluntary 2009 IECC Residential Code Bill Signed into Law West Virginia State Building, Tax Credit Bills Die in Committee

* ONGOING STATE ALERTS *

Alabama Subcommittee Meeting to Update Residential Code Cancelled California San Francisco Mandates Commercial Building Energy Benchmarking, Audits Connecticut DPS Issues Final Draft Amendment to Adopt 2009 IECC Idaho Energy Code Ambassadors Project Takes Hold in State Code Infrastructure Indiana Updated Residential Energy Code Moves to Administrative Review Process Maine Energy Code Repeal Legislation Introduced Michigan 2009 Michigan Uniform Energy Code Effective March 9 Montana Senate Sends 5-Year Energy Code Payback Bill to House

Nebraska 2009 IECC Adoption Bill to Go Before Full Chamber Nevada REEEA Announces Rulemaking Schedule to Adopt 2009 IECC North Carolina Energy Code Update Stalled by Rule Review Process Ohio JCARR Approves Commercial Model Code, Update Expected in September

* GENERAL ALERTS *
2012 IECC Publication April 30; ICC Posts Next Code Development Cycle Schedule ICC May 2011 is Building Safety Month | Week One: Energy/Sustainability Energy Rating IMT and NRDC Launch BuildingRating.org MEEA Open Position: Senior Building Policy Associate

* CALENDAR * ***** ILLINOIS

Alert Status: On February 15, a bill (HB 1612) was introduced in the Illinois General Assembly that would exempt residential alterations, renovations, and additions from needing to comply with the Illinois Energy Conservation Code (based on the 2009 IECC), significantly reducing the energy savings potential of the code. It would also add confusion to enforcement of the code by identifying the undefined term of energy inspectors as responsible for enforcing the energy efficiency provisions. In early March, the bills sponsor chose to hold the bill, and it will not advance beyond the House Executive Committee. More Information: BCAP Illinois Code News | HB 1612: Home & Text | Capital Development Board Action: If interested in getting involved, please contact Isaac Elnecave with MEEA [ielnecave@mwalliance.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

MARYLAND
Alert Status: A bill (HB 972) was introduced on February 11 in the Maryland General Assembly that would authorizing the Department of Housing and Community Development (DHCD) to adopt by regulation the International Green Construction Code (IGCC). It would also allow local jurisdictions to adopt the IGCC as an alternative to the Maryland Building Performance Standards (MBPS) and amend the definition of "high performance building" to include a building that complies with the requirements of the IGCC. The bill would take effect October 1, 2011. The bill was amended slightly and passed by the House Committee on Environmental Matters on March 15 and now goes to the full House floor. More Information: BCAP Maryland Code News | HB 972: Home & Text | 2010 MBPS | 2012 IGCC Action: If interested in getting involved, please contact Carolyn Sarno with NEEP [csarno@neep.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

NEW MEXICO
Alert Status: The Regulation and Licensing Department of the Construction Industries Division has released a schedule of free trainings for construction professionals on the 2009 New Mexico Building and Energy Conservation Codes. There are six opportunities for two-

day sessions throughout the state in April and May. The energy code contains amendments that would make it approximately 20% more stringent than the 2006 IECC. It will take full effect on July 1. More Information: BCAP New Mexico Code News | Training Schedule | CID | 2009 NMECC News Archive Action: If interested in getting involved, please contact Jim Meyers with SWEEP [jmeyers@swenergy.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. The bill will go before the House Labor and Industry Committee on March 23. 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

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. The House approved SB 94 on February 28. Gov. Dennis Daugaard signed the bill into law March 15. More Information: BCAP South Dakota Code News | SB 94: Home & Text (enrolled) | 2006 IECC Voluntary Standard Action: If interested in getting involved, please contact Paul Karrer with BCAP [pkarrer@ase.org] Top

WEST VIRGINIA
Alert Status: Two bills introduced in the West Virginia Legislature concerning building energy efficiency have failed to move beyond committee by a March 11 deadline.

The Green Buildings Act (SB 510) would have required facilities constructed after July 1, 2011 using state funds to meet the 2009 IECC or ASHRAE Standard 90.1-2007. The bill was approved by the Senate on February 28, but was not heard by the House Finance Committee. The Energy Efficient Building Act (HB 2890) would have created an incentive for residential and commercial buildings that meet ENERGY STAR requirements. The bill would allocate up to $1 million per year beginning in 2012 for tax credits up to 1.5% of eligible expenditures or one dollar per square foot of the building constructed. The bill passed the House on March 2, but was not heard by the Senate Finance Committee. More Information: BCAP West Virginia Code News | SB 510: Home & Text (amended) | HB 2890: Home & Text (amended) Action: If interested in getting involved, please contact Brian Sernulka with BCAP [bsernulka@ase.org] Top

***** ALABAMA
Alert Status: The scheduled March 9 meeting of the residential subcommittee of the Alabama Residential and Energy Codes Board has been cancelled. It has not yet been rescheduled. Another committee approved a commercial code based on the 2009 IECC on January 25. The subcommittee recommendations will later be considered by the full Board, which is tasked with developing a mandatory statewide energy code, a first for Alabama. This direction comes from legislation passed in March 2010, requiring the code be at least as stringent as the 2006 IECC, but permitting the Board to pursue a stronger code. The state has previously adopted the Residential Energy Code for Alabama (RECA 2004) based on the 2000 IECC as a voluntary code for residential construction. Since December 2008, the 2006 IECC has been encouraged for private commercial construction. The Alabama Building Commission enforces ASHRAE Standard 90.1-2007 for all state building construction. More Information: BCAP Alabama Code News | SB 315 | ADECA Building Energy Efficiency | ADECA Building Energy Codes Action: If interested in getting involved, please contact Brian Sernulka with BCAP [bsernulka@ase.org] or Maria Leonardi with SEEA [maria@seealliance.org] Top

CALIFORNIA
Alert Status: In February, San Francisco approved ground-breaking building standards that will improve energy efficiency in existing buildings. The Board of Supervisors passed an ordinance codifying the recommendations of the Existing Commercial Building Task Force. Under the ordinance, non-residential building owners would be required to benchmark the energy use of their buildings and disclose the results annually to the city and, thereby, the public. The next phase of the ordinance requires building owners to conduct energy audits, starting with commercial properties larger than 50,000 square feet in October 2011. By 2013, the rules would apply to all commercial properties 10,000 square feet or larger. The state of California already enforces some the nations most stringent building energy efficiency and green building standards. More Information: BCAP SF Code News | News Article | Title 24, Part 6 (BEES) | CALGreen Top

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

IDAHO
Alert Status: The Energy Codes Ambassadors Project (ECAP) is becoming a part of the regular infrastructure in Idaho. The Idaho Ambassadors hold sessions at regional energy conferences and code meetings in the state. The Idaho ECAP members will be holding their next meeting on March 15 to discuss their plans for the upcoming year. The ECAP members have also secured funding for an outreach program, training, and providing scholarships for 20 more ICC Ambassadors to be trained and certified across the state. They are also planning on creating an energy code forum on Idahos website to provide state wide code interpretations. This funding could help extend the ECAP program throughout the state and even help spur other states to adopt the program. ECAP aims to train ICC chapter members in states to act as peer-to-peer mentors to assist in spreading greater knowledge of the energy codes and their enforcement. This is a partnership program between BCAP and the ICC to help better enforcement the model energy codes in order to meet 90% compliance by 2017 and will take place in multiple states. More Information: Energy Code Ambassadors Project | ECAP Update Action: If interested in getting involved, please contact Mike DeWein with BCAP [mdewein@ase.org] and Dave Karmol with ICC [dkarmol@iccsafe.org] Top

INDIANA
Alert Status: The Indiana Office of Management and Budget (OMB) has approved the adoption of a proposed residential energy code in Indiana consisting of the 2009 IRC with amendments to make it equivalent to the 2009 IECC. Developed by the Residential Code Review Committee in 2010, the code will now proceed through the states administrative rule review process. Observers estimate the code could be effective in September or October 2011. The state previously updated its commercial code incorporating ASHRAE Standard 90.12007, effective May 6, 2010. More Information: BCAP Indiana Code News | Indiana Fire Prevention and Building Safety Commission | 2010 Residential Code Review Committee | Summary of Proposed Code Changes | DOE IRC Ch. 11 Amendments Action: If interested in getting involved, please contact Isaac Elnecave of MEEA [ielnecave@mwalliance.org] or Paul Karrer with BCAP [pkarrer@ase.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 Carolyn Sarno with NEEP [csarno@neep.org] Top

MICHIGAN
Alert Status: Rules to update the 2009 Michigan Uniform Energy Code (MUEC), Part 10 (Residential) and Part 10a (Commercial) were filed with the Secretary of State on November 8 and will be effective March 9, 2011. The rules will adopt the 2009 IECC with Michigan amendments and ASHRAE Standard 90.1-2007 (the MUEC is currently based on the 2003 IRC and ASHRAE 90.1-1999). The new codes were originally approved on July 20 by the Department of Energy, Labor & Economic Growth (DELEG) Bureau of Construction Codes. A web link will be added to the Bureaus web site at www.michigan.gov/bcc, via the Codes and Standards Order Form to allow customers to purchase the code book directly from the International Code Council (ICC) for $38.00. Books are now available. More Information: BCAP Michigan Code News | MUEC: Residential & Commercial | Bureau of Construction Codes Action: If interested in getting involved, please contact Isaac Elnecave of MEEA [ielnecave@mwalliance.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. A hearing was held 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

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 energyefficient 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

NEVADA
Alert Status: On March 7, the Nevada Renewable Energy and Energy Efficiency Authority (REEEA) announced the schedule for its rulemaking process to adopt the 2009 IECC for the state of Nevada as required under NRS 701.220. Two workshops will be held in the spring, and three regulations hearings are scheduled for the summer around the state. The public is welcome to attend these workshops and hearings to provide comments as the regulations are being developed. REEEA anticipates having the new regulations finalized and adopted by December 30, 2011, and will be proposing an effective date of July 1, 2012. REEEA will also be hosting four free energy code training webinars on March 9 and 10. More Information: BCAP Nevada Code News | Rulemaking Schedule | Training Schedule | REEEA | NRS 701.220 Action: If interested in getting involved, please contact Monica Brett with SWEEP [mbrett@swenergy.org] or Jim Meyers with SWEEP [jmeyers@swenergy.org] Top

NORTH CAROLINA
Alert Status: On February 17, the North Carolina Rules Review Commission objected to three provisions of an energy code update approved by the North Carolina Building Code Council (NCBCC) in December. Along with the Commission receiving 43 petitions appealing the Code Councils actions, the rule will be forwarded to the North Carolina General Assembly for legislative review. The proposed 2012 North Carolina State Building Codes would have achieved significant energy savings beyond the current 2009 North Carolina Energy Conservation Code (NCECC), which is based on the 2006 IECC and has been effective since 2009. More Information: BCAP North Carolina Code News | 2012 North Carolina State Building Codes | NCBCC Home

Action: If interested in getting involved, please contact Maria Leonardi with SEEA [maria@seealliance.org] or Eric Lacey with RECA [eric@reca-codes.com] Top

OHIO
Alert Status: On March 7, the Ohio legislatures Joint Committee on Agency Rule Review (JCARR) approved a January 21 recommendation of the Ohio Board of Building Standards (BBS) to update the states commercial energy code. Part D of Amendments Group LXXXIII (see items 14-21) would update the Ohio Building Code (OBC) to incorporate the 2009 International Building Code (IBC), including its references to the 2009 IECC and ASHRAE 90.1-2007 as compliances paths for energy efficiency for non-residential buildings (see page D-622, rule number 4101:1-13-01). The OBC currently references the 2006 IBC. An effective date is expected in September 2011. More Information: BCAP Ohio Code News | JCARR | March 7 Meeting Agenda | BBS | Amendment Group LXXXIII, Part D Action: If interested in getting involved, please contact Isaac Elnecave with MEEA [ielnecave@mwalliance.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

***** ICC CODE CYCLES

Alert Status: The International Code Council will publish the 2012 editions of its International Codes series, including the 2012 IECC, on April 30, 2011. The publication occurs as ICC looks ahead to its 2012/2013 code development cycle to produce the 2015 versions of the I-Codes. The Group B schedule, which includes the 2015 IECC and the 2015 International Green Construction Code (IGCC), is highlighted by Code Development Hearings in April 2013 and Final Action Hearings in October 2013, with publication occurring in 2014. A separate code cycle for the 2012 IGCC will conclude with Code Development Hearings May 16-22 in Dallas and Final Action Hearings November 2-6 in Phoenix. More Information: BCAP ICC Code News | 2012/13 Schedule | 2012 IGCC Schedule Top

BUILDING SAFETY MONTH

Alert Status: May 2011 marks the 31st year the International Code Council has celebrated safe and sustainable construction practices around the world. The expanded Building Safety Month will highlight gaps in knowledge and education across the U.S. and globally where construction codes are poorly understood or used improperly. Week One (May 1-7) celebrates Energy and Green Building, spotlighting the latest advancements in sustainable design and building practices. Learn more at www.buildingsafetymonth.org. More Information: BCAP News Release | Building Safety Month | Week One: Energy and Green Building Top

ENERGY RATING
Alert Status: On March 8, IMT and NRDC announced the launch of BuildingRating.org, a new project in building energy performance rating. The site allows users to browse rating policies around the world by interactive map or to search a comprehensive library of research, regulatory, and technical documents.

A resource for anyone interested in building energy rating practicesfrom lawmakers to the real estate communityBuildingRating.org covers policies in more than 100 jurisdictions worldwide at the city, state, and country level. This is the only place in the world with such a range of information aggregated together. More Information: BCAP Article | IMT/NRDC Press Statement | BuildingRating.org Top

MEEA OPEN POSITION

Alert Status: A position posted by the Midwest Energy Efficiency Alliance (MEEA) is still open to applications. MEEA is 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). More Information: BCAP News Article | MEEA Job Description and Contact Info Top

EVENTS, HEARINGS,

AND

***** COMMENT DEADLINES

Fri, Apr 1: Texas 2011 Texas BEPS (2009 IECC) for non-residential buildings effective Sun, May 1: ICC May 2011 is Building Safety Month Mon-Sun, May 16-22: ICC 2012 IGCC Code Development Hearings in Dallas, TX Top

BCAP Events Calendar

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