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S1461.......................................by COMMERCE AND HUMAN RESOURCES ENERGY CODE - COMMERCIAL BUILDINGS - Adds to existing law to provide an energy code for commercial buildings; to provide legislative intent; to provide definitions, to provide for the adoption of energy efficient construction standards for commercial buildings; to provide for development, promulgation, review and amendment of the Idaho Commercial Energy Code; to create and provide membership of the Idaho Energy Standards Advisory Board; to provide for enforcement and local option; to provide for independent contract inspectors; to provide for commercial code training and technical assistance; and to provide authorization for enforcement of fees. 02/13 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to Com/HuRes
S1461|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1461 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO ENERGY CONSERVATION STANDARDS FOR COMMERCIAL BUILDINGS; EXPRESSING 3 LEGISLATIVE INTENT; AMENDING TITLE 44, IDAHO CODE, BY THE ADDITION OF A 4 NEW CHAPTER 25, TITLE 44, IDAHO CODE, TO PROVIDE DEFINITIONS, TO PROVIDE 5 FOR THE ADOPTION OF ENERGY EFFICIENT CONSTRUCTION STANDARDS FOR COMMERCIAL 6 BUILDINGS, TO PROVIDE FOR DEVELOPMENT, PROMULGATION, REVIEW AND AMENDMENT 7 OF THE IDAHO COMMERCIAL ENERGY CODE, TO CREATE AND PROVIDE MEMBERSHIP OF 8 THE IDAHO ENERGY STANDARDS ADVISORY BOARD, TO PROVIDE FOR ENFORCEMENT AND 9 LOCAL OPTION, TO PROVIDE FOR INDEPENDENT CONTRACT INSPECTORS, TO PROVIDE 10 FOR COMMERCIAL CODE TRAINING AND TECHNICAL ASSISTANCE AND TO PROVIDE 11 AUTHORIZATION FOR ENFORCEMENT OF FEES. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. Legislative Intent. The legislature of the state of Idaho 14 finds that the state does not have standards for energy efficiency of commer- 15 cial buildings constructed in Idaho; that the adoption of minimum standards 16 for energy efficiency of commercial buildings has been mandated by the federal 17 energy policy act of 1992; that the cost of adoption and initial implementa- 18 tion of this mandate is funded by the federal government; that energy conser- 19 vation measures associated with the design and construction of commercial 20 buildings and their constituent lighting, ventilation and space conditioning 21 systems are among the most efficient methods of providing for the future 22 energy needs of Idaho; and that the Department of Water Resources Energy Divi- 23 sion and the Commercial Code Development Group, assembled by invitation of the 24 governor and consisting of representatives of utilities and professions 25 involved in the construction of commercial buildings, provide the best means 26 for creating such a code. 27 Therefore it is hereby declared that the purposes of this chapter are to: 28 (1) Express the legislature's finding that achieving energy conservation 29 in the construction of commercial buildings requires that the state establish 30 energy efficient construction, HVAC and lighting system standards for commer- 31 cial buildings; 32 (2) Provide for drafting of a Commercial Energy Code by an advisory board 33 called the Idaho Energy Standards Advisory Board using the technical code ini- 34 tially created by the Commercial Code Development group; 35 (3) Provide for promulgation, review and amendment of the Commercial 36 Building Energy Code by rule of the Department of Water Resources in consulta- 37 tion with the Idaho Energy Standards Advisory Board; 38 (4) Provide for enforcement of the standards by the Division of Building 39 Safety in its areas of responsibility under Chapter 41, Title 39, Idaho Code, 40 by local governments that elect to enforce the Commercial Energy Code, or 41 through independent contract inspectors where there is no other enforcement; 42 and 43 (5) Provide for promulgation of rules governing the qualifications, cer- 44 tification, performance, and decertification of independent contract inspec- 2 1 tors by the Department of Water Resources. 2 SECTION 2. That Title 44, Idaho Code, be, and the same is hereby amended 3 by the addition thereto of a NEW CHAPTER , to be known and desig- 4 nated as Chapter 25, Title 44, Idaho Code, and to read as follows: 5 CHAPTER 25 6 ENERGY CODE FOR COMMERCIAL BUILDINGS 7 44-2501. DEFINITIONS. In this chapter: 8 (1) "ASHRAE" means the American society of heating, refrigeration, and 9 air conditioning engineers. 10 (2) "Board" means the Idaho energy standards advisory board. 11 (3) "Commercial building" means any building, which is not covered by the 12 Idaho residential energy standards, chapter 23, title 44, Idaho Code, and is 13 conditioned for use by human occupants including the following: 14 (a) Any building which provides facilities or shelter for public assem- 15 bly, or which is used for educational, office or institutional purposes; 16 (b) Any public building whether owned by the state or political subdivi- 17 sions or other entities, including offices, libraries, museums, schools, 18 hospitals, auditoriums, airports, sports arenas and university buildings; 19 (c) Any inn, hotel, motel, sports arena, supermarket, transportation ter- 20 minal, store, showroom, restaurant, or other commercial establishment 21 which provides services or sells merchandise, equipment, machinery, vehi- 22 cles, or goods of any type; 23 (d) Any portion of an industrial, manufacturing, or agricultural process- 24 ing plant which is conditioned for human comfort; or 25 (e) Any energy using system related to commercial buildings, such as 26 lighting and snow melt systems located in outdoor areas such as parking 27 lots and walkways. 28 (4) "Department" means the Idaho department of water resources. 29 (5) "Director" means the director of the Idaho department of water 30 resources. 31 (6) "Energy division" means the Idaho department of water resources 32 energy division. 33 (7) "Idaho commercial building energy code" means that set of rules pro- 34 mulgated by the director in accordance with this chapter that contains energy 35 efficiency standards and procedures for commercial building design and con- 36 struction which meet the minimum requirement of ASHRAE standard 90.1. 37 44-2502. ADOPTION OF ENERGY-EFFICIENCY STANDARDS FOR COMMERCIAL BUILD- 38 INGS. The Idaho state energy code for commercial buildings shall be the mini- 39 mum energy code for commercial buildings. Construction activity in Idaho 40 started after January 1, 1999, on every new or existing commercial building 41 that affects its energy performance shall meet the requirements of the Idaho 42 commercial building energy code. 43 44-2503. DEVELOPMENT, PROMULGATION, REVIEW AND AMENDMENT OF THE IDAHO 44 COMMERCIAL ENERGY CODE. (1) No later than October 1, 1998, the director of the 45 department of water resources, after consultation with the Idaho energy stan- 46 dards advisory board established by this chapter, shall promulgate rules in 47 accordance with the provisions of chapter 52, title 67, Idaho Code, to be 48 known as the Idaho commercial building energy code. The Idaho commercial 49 building energy code shall meet or exceed the American society of heating, 50 refrigeration, and air conditioning engineers (ASHRAE) standard 90.1 and chap- 3 1 ter 4 of the international mechanical code for air quality, but allow flexi- 2 bility in building design, construction, and heating, ventilation and air-con- 3 ditioning equipment within that framework. 4 (2) The rules shall also provide for the qualifications of independent 5 contract inspectors, certification and decertification of independent contract 6 inspectors, the initial and ongoing training and testing of independent con- 7 tract inspectors, and acceptable standards of performance of independent con- 8 tract inspectors. 9 (3) The rules shall also provide for the training and certification of 10 local government staff who provide plan review and inspection for commercial 11 buildings. 12 (4) Every third year after adoption, the board shall review the Idaho 13 commercial building energy code and may make recommendations to the director 14 for amendment to said code considering such factors as implementation and 15 enforcement needs, new funded federal mandates, new technologies, and cost- 16 effectiveness. The director may promulgate the recommended amendments with or 17 without changes after consulting with the board. 18 (5) Any person may propose amendments to the Idaho commercial building 19 energy code. The director shall respond to proposed amendments received by 20 March 30 of any year after consulting with the board. The response of the 21 director shall contain a determination that a proposed amendment either does, 22 or does not, identify an immediate need to amend the code. If the director 23 finds an immediate need to amend the code, the director shall proceed to make 24 the amendment in the current year. If the director finds no immediate need to 25 amend the code, the director shall submit the proposed amendment to the board 26 for consideration in the regular three-year review process. 27 44-2504. IDAHO ENERGY STANDARDS ADVISORY BOARD. (1) There is hereby 28 established the Idaho energy standards advisory board. The board shall assist 29 the department of water resources energy division and the director in develop- 30 ing the Idaho commercial building energy code provided for in this chapter, 31 and in developing and reviewing proposed amendments to the code. The board 32 shall develop a plan for implementing the Idaho commercial building energy 33 code. The board shall publish recommended fees for services provided by inde- 34 pendent contract inspectors. The board shall also review and approve fees 35 charged by the department for training, testing and certification of indepen- 36 dent contract inspectors. 37 (2) The board shall consist of nine (9) voting members and four (4) ex 38 officio members. 39 (a) The voting members of the board shall be broadly representative of 40 the industries and professions involved in the development and construc- 41 tion of buildings and energy distribution and conservation and shall 42 include: 43 (i) An architect; 44 (ii) A mechanical engineer; 45 (iii) An electrical engineer; 46 (iv) A local government building official; 47 (v) A building or mechanical contractor involved in construction 48 of commercial buildings; 49 (vi) A representative of commercial building owners; 50 (vii) A representative from an investor-owned natural gas utility 51 serving Idaho; 52 (viii) A representative from an investor-owned electric utility serv- 53 ing Idaho; and 54 (ix) A representative of the consumer-owned utilities serving 4 1 Idaho. 2 (b) The board shall also include as ex officio members one (1) represen- 3 tative from each of the following entities: 4 (i) State division of building safety; 5 (ii) Department of water resources energy division; 6 (iii) Public utilities commission; 7 (iv) Northwest power planning council technical staff. 8 (3) The voting members of the board shall be appointed by the governor 9 for four (4) year terms, provided however, that the initial term of office for 10 the members first appointed to the board shall begin on July 1, 1998, and 11 shall be as follows: 12 (a) Three (3) shall serve for terms ending June 30, 2000; 13 (b) Three (3) shall serve for terms ending June 30, 2001; and 14 (c) Three (3) shall serve for terms ending June 30, 2002. 15 (4) Before the expiration of the term of a voting member, the governor 16 shall appoint a successor whose term shall begin on July 1 of the year of 17 appointment. A member is eligible for reappointment. If there is a vacancy for 18 any cause, the governor shall make an appointment to become immediately effec- 19 tive for the unexpired term. 20 (5) The ex officio members shall be appointed by their respective agen- 21 cies and shall serve as full members except they shall not have the right to 22 vote. 23 (6) The board shall select one (1) of its members as chairperson and 24 another as vice chairperson, for such terms and with such duties and powers 25 necessary for the performance of the functions of the office as the board 26 determines. A majority of the voting members of the board shall constitute a 27 quorum for the transaction of business. 28 (7) Members of the board shall serve without compensation and the depart- 29 ment shall not be required to reimburse members for the expenses of participa- 30 tion. 31 44-2505. ENFORCEMENT AND LOCAL OPTION. (1) Upon enactment of this chapter 32 and prior to October 1, 1998, local governments may take affirmative action by 33 resolution or ordinance to enforce the Idaho commercial building energy code 34 as promulgated by the director, beginning on January 1, 1999. Local govern- 35 ments not taking action prior to October 1, 1998, to enforce the code may take 36 such action at any time thereafter with code enforcement to begin not less 37 than ninety (90) days following the date of action. 38 (a) Every local government that elects to enforce the Idaho commercial 39 energy code shall notify the department of water resources energy division 40 in writing within ten (10) days of taking such action. 41 (b) Plan review, inspection, and enforcement shall be provided by the 42 local government; or the local government may contract with the state 43 division of building safety to provide plan review, inspection, and 44 enforcement, if the local government elects to enforce the Idaho commer- 45 cial energy code but not provide plan reviews and inspections. Any enforc- 46 ing local government may allow plan review and inspection through indepen- 47 dent contract inspectors as a supplement to the local government's plan 48 review and inspection. 49 (c) Every local government that elects to provide plan review and inspec- 50 tion shall send staff who perform these services on commercial buildings 51 to the certification training provided by the department of water 52 resources energy division, which will be provided without charge to the 53 local government at the same times and places as the training provided to 54 independent contract inspectors. 5 1 (2) Any local government may elect to establish alternative commercial 2 energy codes and standards by ordinance or building code, provided that the 3 locally adopted code achieves energy use equal to or less than the energy use 4 achieved by constructing commercial buildings to the standards of the Idaho 5 commercial building energy code, and provided that the alternative code is 6 enforced by plan review and inspection by the local government. Any local 7 government that elects to enforce an alternative commercial energy code shall 8 notify the department of water resources energy division in writing within ten 9 (10) days of taking such action. 10 (3) Any local government which does not elect to enforce the Idaho com- 11 mercial energy building code pursuant to subsection (1) of this section, or 12 adopt and enforce an alternative commercial energy code pursuant to subsection 13 (2) of this section, but which issues permits for construction of commercial 14 buildings shall give written notice to every permit applicant at the time of 15 application for permits to construct or remodel a commercial building that: 16 (a) The applicant must comply with the Idaho commercial building energy 17 code; 18 (b) The applicant must notify the Idaho department of water resources 19 energy division which will provide the applicant a list of independent 20 contract inspectors certified by the department; and 21 (c) The applicant shall select and contract with an independent contract 22 inspector certified by the department to conduct plan review and inspec- 23 tion of the permitted project for compliance with the Idaho commercial 24 energy code. 25 (4) The division of building safety shall review for compliance with the 26 Idaho commercial energy code those projects under its jurisdiction pursuant to 27 sections 39-4111 and 39-4113(2) and (4), Idaho Code, including: 28 (a) Commercial coaches and modular buildings whose function falls under 29 this chapter; and 30 (b) Schools. 31 44-2506. INDEPENDENT CONTRACT INSPECTORS. (1) An independent contract 32 inspector shall be used in every case where plan review and inspection for 33 compliance with the Idaho commercial building energy code or an alternative 34 commercial energy code pursuant to section 44-2505, Idaho Code, is not pro- 35 vided by local government or the division of building safety. 36 (2) There shall be two (2) levels of independent contract inspectors. 37 (a) Level one inspectors may inspect buildings where compliance is by 38 prescriptive standards or ComCheck-EZ software. Level one inspectors shall 39 be a state of Idaho or international conference of building official cer- 40 tified building inspector or must have a four (4) year accredited degree 41 in architecture or engineering. 42 (b) Level two inspectors may inspect all buildings for compliance includ- 43 ing prescriptive method, ComCheck-EZ software or whole building perfor- 44 mance approach. Level two inspectors shall be an Idaho registered engineer 45 or licensed architect. 46 (3) Every independent contract inspector shall be certified and may be 47 decertified in accordance with the procedures, qualifications, testing, and 48 training and professional practice criteria required under the rules promul- 49 gated by the director pursuant to section 44-2503, Idaho Code. Certification 50 requirements established by rule shall include training, examination and 51 annual continuing education. 52 (4) The department may charge reasonable fees for training, testing and 53 certifying independent contract inspectors. The amount of these fees shall be 54 reviewed and approved by the Idaho energy standards advisory board. 6 1 (5) Any fees charged by an independent contract inspector for commercial 2 building plan review and inspection shall be established by separate contract 3 between the inspector and the building owner or the owner's authorized agent. 4 The recommended fees adopted by the Idaho energy standards advisory board 5 shall serve as a guide for charging of reasonable fees. 6 (6) The department shall maintain a list of independent contract inspec- 7 tors certified to supply plan review and inspection services. 8 44-2507. COMMERCIAL CODE TRAINING AND TECHNICAL ASSISTANCE. The energy 9 division shall provide training and technical assistance services to state and 10 local agencies and independent contract inspectors which enforce the commer- 11 cial energy code, so long as funding for these services is available from the 12 state, federal agencies, utilities or fees paid for training. 13 44-2508. AUTHORIZATION FOR ENFORCEMENT FEES. Any state agency or local 14 government which enforces the Idaho commercial building energy code or an 15 alternative commercial energy code is authorized to establish and collect rea- 16 sonable additional fees for actual services rendered in enforcement of the 17 Idaho commercial energy code including plan reviews and inspections, provided 18 that such additional fees shall be directly proportional to increased time and 19 costs incurred in enforcing the Idaho commercial building energy code or 20 alternative commercial energy code.
STATEMENT OF PURPOSE
RS08011
The Energy Policy Act of 1992 (EPAct) requires that each state create new or update
existing commercial building energy codes to meet or exceed American Society of Heating
Refrigeration and Airconditioning Engineers (ASHRAE) Standard 90.1, 1989. Many new
buildings in Idaho meet this standard in whole or part due to: 1) utility-based
efficiency programs which have been phased out as a result of industry restructuring;
and 2) federal efficiency standards for equipment and lighting. An energy code would
provide a fair and consistent statewide base for building designers and contractors.
At the request of the Governor's office, the Department of Water Resources through
its Energy Division has facilitated a group of Idaho stockholders in the development of
a commercial energy code, which meets the needs of Idaho constituents. The proposed
legislation would create a statewide energy code that meets the EPAct requirements and
simultaneously serves to facilitate construction of high quality commercial buildings,
which save energy, operate efficiently, and provide healthy environments for occupants.
FISCAL IMPACT
l)Costs for development and implementation of the code have been shared by the
Department of Energy, the Bonneville Power Administration and Idaho private utilities.
The Department procured a $205,000 grant from the DOE for development and first year
implementation of a state-developed code. On-going technical support monies for the code
will be solicited through the Department of Energy State Energy Plan grants and through
regional conservation programs such as the Northwest Energy Efficiency Alliance.
2)Jurisdictions adopting the code will establish a fee for plan checking and
inspections. Certification can also be obtained through private inspection, in which
case, a private plan check and inspection fee will be incurred by the building owner or
builder.
Statement of Purpose/Fiscal Impact
CONTACT
Phone: 327-7910
Name: Karl Dreher/Robert Hoppie
Agency: Department of Water
Resources
S1461