Oklahoma 2024 Regular Session

Oklahoma House Bill HB3819 Compare Versions

Version 1 (Old)

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3		-	SENATE FLOOR VERSION - HB3819 SFLR Page 1
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	3	+	ENGR. H. B. NO. 3819 Page 1 1
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30		-	April 1, 2024
31		-	AS AMENDED
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 3819 By: Sims of the House
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36	31		and
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38	33		Newhouse of the Senate
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43	38		An Act relating to professions and occupations;
44	39		defining term; amending 59 O.S. 2021, Sections
45	40		1000.22, 1000.23, and 1000.24, as amended by Section
46	41		1, Chapter 56, O.S.L. 2023 (59 O.S. Supp. 2023,
47	42		Section 1000.24), which relate to the Oklahoma
48	43		Uniform Building Code Commission Act; adding vice-
49	44		chair duties; modifying Commission powers and duties;
50	45		clarifying who may attend training provided by the
51	46		Commission; and creating energy payback requirements ;
52	47		and providing for codification .
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57	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	53		SECTION 1. NEW LAW A new section of law to be codified
59	54		in the Oklahoma Statutes as Section 1000.20a of Title 59, unless
60	55		there is created a duplication in numbering, reads as follows:
61	56		The term "payback period", when used in this act, shall mean the
62	57		amount of time a system, design, or project takes to generate the
63	58		amount of energy used to produce said system, design, or project.
64	59		SECTION 2. AMENDATORY 59 O.S. 2021, Section 1000.22, is
65	60		amended to read as follows:
	61	+	Section 1000.22 1. The Oklahoma Uniform Building Code
	62	+	Commission shall organize immediately after July 1, 2009, and
	63	+	annually thereafter, by electing from among its members a chair and
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67		-	SENATE FLOOR VERSION - HB3819 SFLR Page 2
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	65	+	ENGR. H. B. NO. 3819 Page 2 1
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93		-	Section 1000.22 1. The Oklahoma Uniform Building Code
94		-	Commission shall organize immed iately after July 1, 2009, and
95		-	annually thereafter, by electing from among its members a chair and
96	90		a vice-chair. The Commission shall hold regularly scheduled
97	91		meetings at least on ce each quarter at a time and place determined
98	92		by the Commission and may hold such special meetings, em ergency
99	93		meetings or continued or reconvened meetings as found by the
100	94		Commission to be necessary. A majority of the members of the
101	95		Commission shall const itute a quorum for the transaction of
102	96		business.
103	97		2. The chair shall preside at meetings of the Commissi on, set
104	98		the agenda, including any agenda items provided by the vice -chair,
105	99		sign orders and other required do cuments, coordinate Commission
106	100		activities and perform such other duties as may be prescribed by the
107	101		Commission.
108	102		3. The vice-chair shall perform the duties of the chair during
109	103		the absence or disability of the chair , may set items on the agenda,
110	104		and shall perform such other duties as may be prescribed by the
111	105		Commission.
112	106		4. The Oklahoma Uniform Building Code Commission Chief
113	107		Executive Officer, at the d iscretion of the Commission, shall:
114	108		a. keep a record of all proceedings of the Commission and
115	109		certify to actions of the Commission,
	110	+	b. oversee the receipt and deposit of all monies received
	111	+	by the Commission in the appropriate revolving funds,
	112	+	c. submit, at the first regular meeting of the Commission
	113	+	after the end of each fiscal year, a fully itemized
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	115	+	ENGR. H. B. NO. 3819 Page 3 1
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143		-	b. oversee the receipt and deposit of all monies received
144		-	by the Commission in the appropriate re volving funds,
145		-	c. submit, at the first regular meeting of the Commission
146		-	after the end of each fiscal year, a fully itemized
147	140		report of the receipts and disbursements for the prior
148	141		fiscal year, showing the amount of funds on hand, and
149	142		d. perform such other duties as are prescribed in this
150	143		act or as may be prescribed by the Commission.
151	144		5. The Commission shall comply with the provisions of the
152	145		Oklahoma Open Meeting Act, the Oklahoma O pen Records Act and the
153	146		Administrative Procedures Act.
154	147		6. All members of the Commission and such emplo yees as
155	148		determined by the Commission shall be bonded as required by Sections
156	149		85.26 85.58Q through 85.31 85.58V of Title 74 of the Oklahoma
157	150		Statutes.
158	151		7. The liability of any member or employee of the Commission
159	152		acting within the scope of Commission duties or employment shall be
160	153		governed by The Governmental Tort Claims Act.
161	154		8. Members of the Oklahoma Uniform Building Code Commission and
162	155		members of all technical committees shall serve without
163	156		compensation, but shall be reimbursed for all actual and necessary
164	157		expenses incurred in the performance of their duties in accordance
165	158		with the State Travel Reimbursement Act.
	159	+	SECTION 3. AMENDATORY 59 O.S. 2021, Section 1000.23, is
	160	+	amended to read as follows:
	161	+	Section 1000.23 A. The Oklahoma Unifor m Building Code
	162	+	Commission shall have the power and the duty to review and adopt all
	163	+	building codes for residentia l and commercial construction t o be
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167		-	SENATE FLOOR VERSION - HB3819 SFLR Page 4
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	165	+	ENGR. H. B. NO. 3819 Page 4 1
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193		-	SECTION 3. AMENDATORY 59 O.S. 2021, Section 1000.23, is
194		-	amended to read as follows:
195		-	Section 1000.23 A. The Oklahoma Uniform Building Code
196		-	Commission shall have the power and the duty to review and adopt all
197		-	building codes for residential and commercial construction to be
198	190		used by all entities within this state. Codes and standards adopted
199	191		by the Commission shall be the minimu m standards for residential and
200	192		commercial construction in this state.
201	193		B. All public projects shall abide by such minimum standards
202	194		and requirements; provided, nothing in the Oklahoma Uniform Building
203	195		Code Commission Act shall prevent or take away from st ate agencies
204	196		the authority to enact and enforce requirements containing higher
205	197		standards and requirements than suc h minimum standards and
206	198		requirements.
207	199		C. Municipalities and other political subdivisions shall abide
208	200		by such minimum standards and req uirements; provided, nothing in the
209	201		Oklahoma Uniform Building Code Commission Act shall prevent or take
210	202		away from such municipalities and other politica l subdivisions the
211	203		authority to enact and enforce requirements containing hig her
212	204		standards and requirements tha n such minimum standards and
213	205		requirements.
214	206		D. The Oklahoma Uniform Building Code Commission shall have the
215	207		power and duty to establish a continuing education training and
216	208		certification process for, but not limited to, all residential and
	209	+	commercial construction industry personnel affected by the codes
	210	+	adopted by the Commission, building code inspectors officials, and
	211	+	design professionals. Building trades professi onals may attend
	212	+	training provided by the Oklahoma Uniform Building Code Commission .
	213	+	The Commission shall establish regional training for the purpose of
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	215	+	ENGR. H. B. NO. 3819 Page 5 1
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244		-	commercial construction industry personnel affected by the codes
245		-	adopted by the Commission, building code inspectors officials, and
246		-	design professionals. Building trades professionals may attend
247		-	training provided by the Oklahoma Uniform Build ing Code Commission.
248		-	The Commission shall establish regional training for the purpose of
249	240		training the county and municipal inspectors in the Uniform Building
250	241		Code this training regionally . The regional training shall be
251	242		offered at no cost to t he participant and shall be funded f rom the
252	243		funds received pursuant to Section 1000.25 of this title. Each
253	244		inspector operating in this state on behalf of any state agency or
254	245		any municipal or county offi ce may complete regional training and be
255	246		issued a certification for inspections by the Un iform Building Code
256	247		Commission on and after January 1, 2015. The traini ng and
257	248		certification applications, qualifications and procedures shall be
258	249		promulgated by rules of the Commission. The Commission may
259	250		establish forms and procedures to implement and ad minister the
260	251		provisions of this section.
261	252		SECTION 4. AMENDATORY 59 O.S. 2021, Section 1000.24, as
262	253		amended by Section 1, Chapter 56, O.S.L. 202 3 (59 O.S. Supp. 2023,
263	254		Section 1000.24), is amended to read as follows:
264	255		Section 1000.24 A. 1. Beginning July 1, 2009, pursuant to and
265	256		in compliance with Article I of the Administrative Procedures Act,
266	257		the Oklahoma Uniform Building Code Commis sion shall have the power
267	258		to adopt, amend, repeal and promulgate rules as may be necessary to
	259	+	perform the duties required under the Oklahoma Uniform Building Code
	260	+	Commission Act. Rules authorized under this section shall not
	261	+	become effective prior to Octo ber 1, 2009.
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	263	+	ENGR. H. B. NO. 3819 Page 6 1
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295		-	perform the duties required under the Oklahoma Uniform Building Code
296		-	Commission Act. Rul es authorized under this section shall not
297		-	become effective prior to October 1, 2009.
298	288		2. Beginning October 1, 2009, the Commission shall have the
299	289		power to enforce the provision s of the Oklahoma Uniform Building
300	290		Code Commission Act.
301	291		3. Any codes adopted by state agencies, municipalities or other
302	292		political subdivisions of the s tate prior to uniform codes being
303	293		adopted by the Oklahoma Uniform Building Code Commission , pursuant
304	294		to the provisions of, or rules promulgated pursuant to, the Oklahoma
305	295		Uniform Building Code Commi ssion Act, shall be considered valid and
306	296		in effect until uniform codes are adopted by the Oklahoma Uniform
307	297		Building Code Commission.
308	298		B. The Oklahoma Uniform Build ing Code Commission shall have the
309	299		following powers:
310	300		1. Exercise all incidental powers and duties which are
311	301		necessary to effectuate the provisions of the Oklahoma Uniform
312	302		Building Code Commission Act;
313	303		2. Adopt and have an official seal;
314	304		3. Maintain an administrative staff, including, but not limited
315	305		to, an Oklahoma Uniform Building Code Com mission Chief Executive
316	306		Officer;
317	307		4. Direct such other expendit ures as may be necessary in the
318	308		performance of its duties, including, but not limited to,
	309	+	expenditures for office space, equipment, furnishings and contracts
	310	+	for services. All expenditures shall be made pursuant to the
	311	+	Oklahoma Central Purchasing Act ;
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	313	+	ENGR. H. B. NO. 3819 Page 7 1
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346		-	expenditures for office space, equipment, furnishings and contracts
347		-	for services. All expenditures shall be made pursuant to the
348		-	Oklahoma Central Purchasing Act;
349	338		5. Appoint technical committees to review and recommend for
350	339		adoption all building codes . The technical committees shall review
351	340		and recommend building codes with any amendments for adoption by the
352	341		Commission; and
353	342		6. Create a website listing all building codes adopted by the
354	343		Commission. The website shall provide a method for listing all
355	344		codes adopted by a state agency, city or any other political
356	345		subdivision of the state containing higher standards and
357	346		requirements than the codes adopted pursuant to the Oklahoma Uniform
358	347		Building Code Commission Act as required in Section 14-107 of Title
359	348		11 of the Oklahoma Stat utes.
360	349		C. After October 1, 2009, the Commission shall account for all
361	350		receipts and expenditures of the moni es of the Commission, including
362	351		annually preparing and publishing a statement of receipts and
363	352		expenditures of the Commission for each fiscal year . The
364	353		Commission's annual statement of receipts and expenditures shall be
365	354		audited by the State Auditor and Ins pector or an independent
366	355		accounting firm, and the audit report shall be certified to the
367	356		Governor of this state to be true and correct, under oath, b y the
368	357		chair and vice-chair of the Commission.
	358	+	D. Any amendments or modifications to the currently adopted
	359	+	state codes shall be forwarded to the Ok lahoma Uniform Building Code
	360	+	Commission for considera tion.
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	362	+	ENGR. H. B. NO. 3819 Page 8 1
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396		-	D. Any amendments or modificatio ns to the currently adopted
397		-	state codes shall be forwarded to the Oklahoma Uniform Building Code
398		-	Commission for consideration.
399		-	E. 1. The Commissio n shall promulgate rules for residential
400		-	single-family construction requiring all proposed energy building
401		-	codes or amendments to include:
	387	+	E. 1. The Commission shall promulgate rules requ iring all
	388	+	proposed energy building codes or amendments to include:
402	389		a. a payback period analysis, or
403	390		b. a statement explaining why a payback period is not
404	391		applicable to the proposed energy code o r amendment.
405	392		2. The Commission shall not adopt any proposed energy code or
406		-	amendment for residential single-family construction that does not
407		-	have a payback period of seven (7) years or less unless a payback
408		-	period does not apply to the proposed code or amendment.
409		-	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
410		-	April 1, 2024 - DO PASS AS AMENDED
	393	+	amendment that does not have a payback period of seven (7) years o r
	394	+	less unless a payback period does not apply to the proposed code or
	395	+	amendment.
	396	+	Passed the House of Representatives the 13th day of March, 2024.
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	400	+
	401	+	Presiding Officer of th e House
	402	+	of Representatives
	403	+
	404	+
	405	+
	406	+	Passed the Senate the ___ day of __________, 2024.
	407	+
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	411	+	Presiding Officer of the Senate