81R7794 PAM-D By: Farrar H.B. No. 2778 A BILL TO BE ENTITLED AN ACT relating to the revision of building energy efficiency performance standards. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 388, Health and Safety Code, is amended by adding Section 388.0035 to read as follows: Sec. 388.0035. REVISION OF STANDARDS. (a) At least once every five years, the State Energy Conservation Office shall review: (1) revisions made by the International Code Council to the International Energy Conservation Code and the energy efficiency chapter of the International Residential Code after May 1, 2001; and (2) local amendments made to the codes or energy efficiency programs that have strengthened energy efficiency requirements. (b) The review must be conducted in consultation with the laboratory and an advisory committee established by the State Energy Conservation Office. (c) The State Energy Conservation Office by rule shall establish a procedure for persons who have an interest in the adoption of standards for energy efficiency under Sections 388.003(a) and (b) to have an opportunity to comment on the standards under consideration. The office shall consider persons who have an interest in adoption of standards to include: (1) commercial and residential builders, architects, and engineers; (2) municipal, county, and other local governmental authorities; and (3) environmental groups. (d) Following the completion of the review, the State Energy Conservation Office by rule shall adopt revised standards for energy efficiency to replace the standards under Sections 388.003(a) and (b). (e) The revised standards must result in reducing either projected annual or ozone season energy consumption in new buildings by a minimum of 15 percent compared to the standards being used at the time of the review. (f) To achieve the goal of adopting standards by January 1, 2030, that will result in residential construction designed to consume no more energy on a net annual basis than can be produced on-site from renewable energy sources, the State Energy Conservation Office and the advisory committee shall, not later than January 1, 2011: (1) conduct a study on the feasibility of reaching that goal; and (2) make recommendations to the legislature on a schedule for adopting progressive standards to reach that goal. SECTION 2. The following sections are repealed: (1) Sections 388.003(b-1) and (b-2), Health and Safety Code, as added by Section 3.01, Chapter 262 (S.B. 12), and Section 11, Chapter 939 (H.B. 3693), Acts of the 80th Legislature, Regular Session, 2007; and (2) Section 388.003(b-3), Health and Safety Code. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.