Building Codes Assistance Project

On January 14, a bill (HB 264) was introduced in the Alabama State Legislature that would provide a process for adoption and compliance with codes required under federal law (Recovery Act). On January 26, the House passed the bill unanimously. The bill would:

• Replace the Alabama Energy Code Board with the Alabama Energy and Residential Codes Board, giving the new board sole authority over adoption and implementation of the state’s energy codes

On January 28, a companion bills (HB 3215 and SB 3192) were introduced in the Tennessee House and Senate that would establish ASHRAE Standard 90.1-2007 as the minimum energy standard for all new buildings that are not 1- and 2-family dwellings. The bills, however, also allow jurisdictions to adopt Standard 90.1-2001, its equivalent, or a more stringent code. The state currently does not have a mandatory energy code for this construction. If it became law, the legislation would be effective July 1, 2010.

On February 11, 2009, a bill (SB 232) was introduced in the Rhode Island General Assembly that would mandate at least a USGBC LEED "Certified" rating (or equivalent green certification) for public buildings and schools that enter the design phase after January 1, 2010. This would include all new facilities in excess of 5,000 square feet and all renovations in excess of 10,000 square feet.

On February 17, a bill (HB 7) was introduced in the Ohio House of Representatives that would establish green building labeling and energy use standards for any building or structure constructed using any state capital budget money, including money from the education facilities trust fund.  These buildings would be required to:

On August 7, 2009, Senators Olympia Snowe (R-ME), Diane Feinstein (D-CA) and Jeff Bingaman (D-NM) co-sponsored bi-partisan legislation (S. 1637) in the U.S. Senate to extend the $2,000 tax credit for energy efficient homes (which is set to expire on January 1, 2010 unless extended by Congress) to December 31, 2012 and create a $5,000 credit for homes that use 50% less whole house energy than the 2004 IECC (50 HERS Index).

On February 26, 2009, a bill (AB 758) was introduced in the California General Assembly that would require the California Energy Commission, by March 1, 2010, to establish a regulatory proceeding to develop a comprehensive program to achieve greater energy savings in the state's existing residential and nonresidential building stock. The Energy Commission would be required to consult with specified entities and to hold at least three public hearings.

On August 6, Gov. John Corzine signed S. 702 into law, authorizing the state Department of Community Affairs (DCA) to amend the State Uniform Construction Code's energy subcode (the 2006 IECC and ASHRAE 90.1-2004 have been effective since February 20, 2007). Normally, any efforts to upgrade or amend the codes must proceed through the codes office at DCA, a codes advisory board, the DCA itself, and finally through the state legislature.

On August 10, during a special session, the Alaska Legislature voted to override former Gov. Sarah Palin's veto of roughly $28 million in federal stimulus funds intended for energy projects. A three-fourths majority in each chamber was needed to override the veto. The House voted 30-9 to accept the stimulus funds, while the Senate voted 15-5. The additional funds may smooth the passage of a bill (SB 167) to adopt the 2009 IECC that stalled this year, but which state legislators had already planned to reintroduce when the legislature reconvenes in January (the state currently observes a strictly residential energy code based on the 2006 IECC).

[Updated August 5, 2009]

On January 12, a bill (SB 79) was introduced in the Oregon State Legislature that provides for updates to the state building code to increase building energy efficiency to the level of the national model codes.  The bill also mandates the adoption of an optional alternative to the state building code which provides even more stringent energy-efficient construction standards and methods.

On July 13, Missouri Gov. Jay Nixon signed into law the Energy Efficient Investment Act (Senate Bill 376), which aims to meet increased demand for electric power while protecting the environment and holding costs down for consumers.