Print Friendly SENATE BILL NO. 1461 – Energy code, commercial buildings
SENATE BILL NO. 1461
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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
02/13 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Com/HuRes
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN 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;
43 (5) Provide for promulgation of rules governing the qualifications, cer-
44 tification, performance, and decertification of independent contract inspec-
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
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-
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
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
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
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
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-
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.
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
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.
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
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.
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
Statement of Purpose/Fiscal Impact
Name: Karl Dreher/Robert Hoppie
Agency: Department of Water