84R8073 JXC-F
By: Fraser S.B. No. 929
A BILL TO BE ENTITLED
AN ACT
relating to building energy efficiency performance standards;
establishing the Building Energy Efficiency Advisory Committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 388.003(b-1), Health and Safety Code, as
added by Chapter 939 (H.B. 3693), Acts of the 80th Legislature,
Regular Session, 2007, is amended to read as follows:
(b-1) The [If the] State Energy Conservation Office may
adopt and substitute for the energy codes described by Subsection
(a) or (b) [determines, based on written recommendations from the
laboratory, that the energy efficiency provisions of] the latest
published edition [editions] of the International Residential Code
energy efficiency provisions or the latest published edition of the
International Energy Conservation Code, based on written findings
from the laboratory on the stringency of the editions and comments
and recommendations from the Building Energy Efficiency Advisory
Committee [for residential or commercial energy efficiency and air
quality are equivalent to or more stringent than the provisions of
editions adopted under Subsection (a) or (b), the office by rule may
adopt and substitute in the energy code the equivalent or more
stringent editions for of the initial editions described by
Subsection (a) or (b)]. The [If the State Energy Conservation
Office adopts the latest published editions of the International
Residential Code or the International Energy Conservation Code into
the energy code, the] office:
(1) may not adopt an edition under this subsection
more often than once every six years; and
(2) shall establish by rule an effective date for an
adopted edition [the new editions] that is not earlier than nine
months after the date of adoption. [The laboratory shall submit
recommendations concerning the latest published editions of the
International Residential Code or the International Energy
Conservation Code not later than six months after publication of
new editions.]
SECTION 2. Section 388.003, Health and Safety Code, is
amended by amending Subsections (b-3) and (i) and adding Subsection
(b-4) to read as follows:
(b-3) The [In developing written recommendations under
Subsection (b-1), the] laboratory shall:
(1) submit findings on the stringency of the latest
published edition of the International Residential Code energy
efficiency provisions and of the International Energy Conservation
Code to the State Energy Conservation Office not later than six
months after publication of a new edition; and
(2) in developing the findings, consider the comments
submitted under Subsection (b-2) and the comments and
recommendations of the Building Energy Efficiency Advisory
Committee on the latest published editions.
(b-4) The State Energy Conservation Office may amend or
establish an energy rating index that is used to measure compliance
in a voluntary compliance path of an energy code edition before
adopting the edition under Subsection (b-1). The office may adopt
an energy rating index for each climate zone in this state.
(i) A local amendment adopted under Subsection (d) may not
conflict with the compliance paths described by this subsection. 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
shall [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 a voluntary
compliance path of an energy code adopted by the State Energy
Conservation Office under Subsection (b-1) shall be considered in
compliance.
SECTION 3. Chapter 388, Health and Safety Code, is amended
by adding Section 388.0035 to read as follows:
Sec. 388.0035. BUILDING ENERGY EFFICIENCY ADVISORY
COMMITTEE. (a) The State Energy Conservation Office shall
establish the Building Energy Efficiency Advisory Committee.
(b) The advisory committee is appointed by the State Energy
Conservation Office and composed of 13 members who have an interest
in the adoption of energy codes.
(c) The advisory committee must include:
(1) two commercial builders who are members of a
statewide trade association;
(2) two residential builders who are members of a
statewide trade association;
(3) two building code officials;
(4) two members who represent environmental groups;
(5) two members who are certified as energy raters by
the Residential Energy Services Network or a comparable
organization or certified as code inspectors by the International
Code Council;
(6) one member who is an architect registered under
Chapter 1051, Occupations Code, or engineer licensed under Chapter
1001, Occupations Code;
(7) one member who represents the electric utility
industry; and
(8) one public member.
(d) Chapter 2110, Government Code, applies to the
committee, except for Sections 2110.002 and 2110.008.
(e) The committee may submit to the laboratory and the State
Energy Conservation Office:
(1) comments on energy codes under consideration for
adoption under Section 388.003(b-1); and
(2) recommended energy rating indexes for each climate
zone in this state that may be used to measure compliance in a
voluntary compliance path recognized by the International
Residential Code energy efficiency provisions or the International
Energy Conservation Code.
SECTION 4. Section 388.003(b-1), Health and Safety Code, as
added by Chapter 262 (S.B. 12), Acts of the 80th Legislature,
Regular Session, 2007, is repealed.
SECTION 5. Not later than January 1, 2016, the State Energy
Conservation Office shall appoint the members of the Building
Energy Efficiency Advisory Committee as provided by Section
388.0035, Health and Safety Code, as added by this Act.
SECTION 6. 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.