84R22015 JXC-F
By: Villalba, Oliveira H.B. No. 1736
Substitute the following for H.B. No. 1736:
By: Simmons C.S.H.B. No. 1736
A BILL TO BE ENTITLED
AN ACT
relating to building energy efficiency performance standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 388.003, Health and Safety Code, is
amended by amending Subsections (a), (b), (b-2), (b-3), (d), and
(i) and adding Subsections (j) and (k) to read as follows:
(a) To achieve energy conservation in single-family
residential construction, the energy efficiency chapter of the
International Residential Code, as it existed on May 1, 2001, is
adopted as the energy code in this state for single-family
residential construction. On September 1, 2016, the energy
efficiency chapter of the International Residential Code, as it
existed on May 1, 2015, is adopted as the energy code in this state
for single-family residential construction. On or after September
1, 2021, the State Energy Conservation Office may adopt and
substitute for that energy code the latest published edition of the
energy efficiency chapter of the International Residential Code,
based on written findings on the stringency of the chapter
submitted by the laboratory under Subsection (b-3). The office:
(1) may not adopt an edition under this subsection
more often than once every six years; and
(2) by rule shall establish an effective date for an
adopted edition that is not earlier than nine months after the date
of adoption.
(b) To achieve energy conservation in all other
residential, commercial, and industrial construction, the
International Energy Conservation Code as it existed on May 1,
2001, is adopted as the energy code for use in this state for all
other residential, commercial, and industrial construction. The
State Energy Conservation Office may adopt and substitute for that
energy code the latest published edition of the International
Energy Conservation Code, based on written findings on the
stringency of the edition submitted by the laboratory under
Subsection (b-3). The office by rule shall establish an effective
date for an adopted edition that is not earlier than nine months
after the date of adoption.
(b-2) The State Energy Conservation Office by rule shall
establish a procedure for persons who have an interest in the
adoption of energy codes under Subsection (a) or (b) [(b-1)] to have
an opportunity to comment on the codes under consideration. The
office shall consider persons who have an interest in adoption of
those codes to include:
(1) commercial and residential builders, architects,
and engineers;
(2) municipal, county, and other local government
authorities; [and]
(3) environmental groups; and
(4) manufacturers of building materials and products.
(b-3) The [In developing written recommendations under
Subsection (b-1), the] laboratory shall:
(1) submit to the State Energy Conservation Office
written findings on the stringency of the latest published edition
of the International Residential Code energy efficiency provisions
only if the date of the edition allows the office to adopt the
edition under Subsection (a)(1);
(2) submit to the State Energy Conservation Office
written findings on the stringency of the latest published edition
of the International Energy Conservation Code not later than six
months after publication of a new edition; and
(3) in developing the findings, consider the comments
submitted under Subsection (b-2).
(d) A municipality [or county] may establish procedures to
adopt local amendments to the International Energy Conservation
Code and the energy efficiency chapter of the International
Residential Code. Notwithstanding the requirements of Subsection
(e), a municipality located in an area defined by Section
388.002(11) or in an affected county may establish procedures to
adopt local amendments to the energy rating index in an optional
compliance path of an energy code adopted under this section.
(i) A building certified by a national, state, or local
accredited energy efficiency program and determined by the
laboratory to be in compliance with the energy efficiency
requirements of this section may, at the option of the
municipality, be considered in compliance. The United States
Environmental Protection Agency's Energy Star Program
certification of energy code equivalency shall be considered in
compliance. An energy rating index in an optional compliance path
of an energy code described by Subsection (j) shall be considered in
compliance.
(j) For the purposes of this chapter, the Energy Rating
Index used to measure compliance for single-family residential
construction in an optional compliance path of an edition of the
energy efficiency chapter of the International Residential Code
that uses an energy rating index is as follows:
(1) for climate zone 2, an energy rating index of:
(A) 65 or lower from September 1, 2016, to August
31, 2019;
(B) 63 or lower from September 1, 2019, to August
31, 2022; and
(C) 59 or lower on or after September 1, 2022;
(2) for climate zone 3, an energy rating index of:
(A) 65 or lower from September 1, 2016, to August
31, 2019;
(B) 63 or lower from September 1, 2019, to August
31, 2022; and
(C) 59 or lower on or after September 1, 2022; and
(3) for climate zone 4, an energy rating index of:
(A) 69 or lower from September 1, 2016, to August
31, 2019;
(B) 67 or lower from September 1, 2019, to August
31, 2022; and
(C) 63 or lower on or after September 1, 2022.
(k) This subsection and Subsection (j) expire September 1,
2025.
SECTION 2. The following provisions of the Health and
Safety Code are repealed:
(1) Section 388.003(b-1), as added by Chapter 262
(S.B. 12), Acts of the 80th Legislature, Regular Session, 2007; and
(2) Section 388.003(b-1), as added by Chapter 939
(H.B. 3693), Acts of the 80th Legislature, Regular Session, 2007.
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, 2015.