Indiana Governor Vetoes Model Commercial Energy Code Bill

[Updated May 15, 2009]

Legislators in the Indiana General Assembly have debated a bill introduced by Rep. Ryan Dvorak that would require the state to adopt the latest edition of either the International Energy Conservation Code (IECC) or ASHRAE Standard 90.1 by July 1, 2010. The standards only apply to Class 1 structures, which are buildings used by the public and those with 3 or more dwelling units (essentially, commercial buildings).

The version passed by the House on February 17 requires the adoption of any subsequent editions within two years of their publication. Amendments to the Senate version that passed April 2 have removed this language.

**On May 12, Gov. Mitch Daniels vetoed the bill adopting the model commercial energy code, citing it as redundant clutter within Indiana law given his command to the state Fire Prevention and Building Safety Commission to update the state's energy codes some months ago.

Though the bill passed both chambers of the legislature by near-unanimous majorities (47-2 in the Senate, 96-0 in the House), the prospects for a legislative override of the veto are uncertain at this time. The regular legislative session ended in late April, but a special session regarding the state budget will begin in on or around June 15.  Given the primary fiscal focus of this session, it will be left to the leadership of both chambers whether potential overrides of non-budgetary vetoes will be addressed.  If not, the Legislature will not likely return to this issue before November.

HB 1348: Bill Home | Text (enrolled) | Governor's Veto Messsage | Rep. Dvorak's response | Special Session info

****

BCAP Indiana Code Status page