Vermont 2025-2026 Regular Session

Vermont House Bill H0181 Compare Versions

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11 BILL AS INTRODUCED H.181
22 2025 Page 1 of 9
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55 VT LEG #380156 v.2
66 H.181 1
77 Introduced by Representatives Campbell of St. Johnsbury, Austin of 2
88 Colchester, Bluemle of Burlington, Burke of Brattleboro, 3
99 Dodge of Essex, Goldman of Rockingham, Headrick of 4
1010 Burlington, Kleppner of Burlington, Krasnow of South 5
1111 Burlington, Lalley of Shelburne, Logan of Burlington, Masland 6
1212 of Thetford, Ode of Burlington, Pouech of Hinesburg, and 7
1313 Rachelson of Burlington 8
1414 Referred to Committee on 9
1515 Date: 10
1616 Subject: Public service; building energy; building energy codes; residential 11
1717 building energy standards; commercial building energy standards; 12
1818 climate change; residential builder registry 13
1919 Statement of purpose of bill as introduced: This bill proposes to extend the 14
2020 term of the Building Energy Code Working Group, to direct the Public Service 15
2121 Department to establish a framework to attribute savings to building energy 16
2222 code compliance, to require the Department Public Service to develop 17
2323 methodology for calculating and reporting greenhouse gas savings annually, 18
2424 and to make changes to the Residential Builder Registry. 19
2525 An act relating to Residential and Commercial Building Energy Standards 20 BILL AS INTRODUCED H.181
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2929 VT LEG #380156 v.2
3030 It is hereby enacted by the General Assembly of the State of Vermont: 1
3131 Sec. 1. FINDINGS AND INTENT 2
3232 The General Assembly finds: 3
3333 (1) It is in the public interest to foster standards for buildings fit for 4
3434 occupancy that are safe, healthful, comfortable, durable, energy efficient, 5
3535 sustainable, resilient, and practicable. 6
3636 (2) The five-year Housing Needs Assessment, released by Agency of 7
3737 Commerce and Community Development in June 2024, found that at least 8
3838 24,000 and as many as 36,000 housing units must be brought online by 2029. 9
3939 In addition, the Assessment says about 20,000 existing homes have indications 10
4040 of housing quality concerns according to 2022 census data. 11
4141 (3) The Housing Needs Assessment also found that 32 percent of renters 12
4242 had the income needed to buy a median priced home in 2021; two years later, 13
4343 in 2023, house prices had risen to the extent that only six percent of renters 14
4444 could likewise afford to buy a home. 15
4545 (4) Buildings, whether single family owner-occupied, apartment houses, 16
4646 or commercial occupancies, typically remain in service for many decades 17
4747 without major renovation. 18
4848 (5) As the costs of building increase, the costs of remediating poor or 19
4949 energy inefficient construction exceed the capability or inclination of many 20
5050 owners to undertake. 21 BILL AS INTRODUCED H.181
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5454 VT LEG #380156 v.2
5555 (6) Recent floods have further exacerbated Vermont’s housing crisis and 1
5656 demand for construction workers, and likely brought less experienced builders 2
5757 into the construction market. 3
5858 (7) Vermont established the Residential Building Energy Standards 4
5959 (RBES) in 1997 and the Commercial Building Energy Standards (CBES) in 5
6060 2007, collectively referred to as “energy codes.” Both energy codes are 6
6161 mandatory, but studies in recent years show compliance with the RBES at 7
6262 about 54 percent and CBES at about 87 percent, with both rates declining. 8
6363 Both codes are scheduled to become more stringent with the goal of “net zero 9
6464 ready” by 2030. 10
6565 (8) There is no State agency or office designated to interpret, administer, 11
6666 and enforce energy codes. The Division of Fire Safety in the Department of 12
6767 Public Safety is responsible for fire and building safety code in “public 13
6868 buildings.” The Department of Public Service is responsible for promulgating 14
6969 and updating RBES and CBES. Neither office has the capacity to administer 15
7070 or enforce energy codes. 16
7171 (9) Applicability of energy codes and building codes in Vermont is 17
7272 inconsistent. The RBES apply to residential buildings up to three stories; the 18
7373 CBES apply to all other building types. The Division of Fire Safety 19
7474 jurisdiction encompasses all public buildings, including rented residential 20
7575 buildings covered by the RBES. However, its fire and building safety code is 21 BILL AS INTRODUCED H.181
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7979 VT LEG #380156 v.2
8080 based on commercial codes; in residential buildings, it applies only to 1
8181 apartment buildings four stories and above. While as of late 2024 the Division 2
8282 of Fire Safety is in the process of considering adopting a residential building 3
8383 code, currently Vermont has no building code covering residential construction 4
8484 up to three stories in height. Further, the Department of Public Service has 5
8585 advised the General Assembly that RBES-enabling legislation does not provide 6
8686 clear authority for municipalities to administer and enforce the RBES at the 7
8787 local level. 8
8888 Sec. 2. 2024 Acts and Resolves No. 151, Sec. 2 is amended to read: 9
8989 Sec. 2. ENERGY CODE COMPLIANCE; WORKING GROUP 10
9090 * * * 11
9191 (f) Meetings. 12
9292 * * * 13
9393 (4) The Working Group shall cease to exist on July 1, 2026 30 days after 14
9494 the General Assembly enacts legislation giving authority to a State entity to 15
9595 enforce the building energy codes. 16
9696 * * * 17
9797 Sec. 3. 30 V.S.A. § 209(d) is amended to read: 18
9898 (d) Energy efficiency. 19
9999 * * * 20
100100 (2) Appointment of independent efficiency entities. 21 BILL AS INTRODUCED H.181
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104104 VT LEG #380156 v.2
105105 (A) Electricity and natural gas. In place of utility-specific programs 1
106106 developed pursuant to this section and section 218c of this title, the 2
107107 Commission shall, after notice and opportunity for hearing, provide for the 3
108108 development, implementation, and monitoring of gas and electric energy 4
109109 efficiency and conservation programs and measures, including programs and 5
110110 measures delivered in multiple service territories, by one or more entities 6
111111 appointed by the Commission for these purposes. The Commission may 7
112112 include appropriate combined heat and power systems that result in the 8
113113 conservation and efficient use of energy and meet the applicable air quality 9
114114 standards of the Agency of Natural Resources. Except with regard to a 10
115115 transmission company, the Commission may specify that the appointment of 11
116116 an energy efficiency utility to deliver services within an electric utility’s 12
117117 service territory satisfies that electric utility’s corresponding obligations, in 13
118118 whole or in part, under section 218c of this title and under any prior orders of 14
119119 the Commission. The entities appointed under this subdivision (2) shall 15
120120 attribute energy savings to building energy code compliance. The Department 16
121121 of Public Service shall establish a procedure for calculating those building 17
122122 energy savings. 18
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127127 VT LEG #380156 v.2
128128 Sec. 4. 30 V.S.A. § 51 is amended to read: 1
129129 § 51. RESIDENTIAL BUILDING ENERGY STANDARDS; STRETCH 2
130130 CODE 3
131131 * * * 4
132132 (c) Revision and interpretation of energy standards. The Commissioner of 5
133133 Public Service shall amend and update the RBES by means of administrative 6
134134 rules adopted in accordance with 3 V.S.A. chapter 25. On or before January 1, 7
135135 2011, the Commissioner shall complete rulemaking to amend the energy 8
136136 standards to ensure that, to comply with the standards, residential construction 9
137137 must be designed and constructed in a manner that complies with the 2009 10
138138 edition of the IECC. After January 1, 2011, the Commissioner may direct the 11
139139 timely and appropriate revision of the RBES after the issuance of updated 12
140140 standards for residential construction under the IECC. The Department of 13
141141 Public Service shall provide technical assistance and expert advice to the 14
142142 Commissioner in the interpretation of the RBES and in the formulation of 15
143143 specific proposals for amending the RBES. Prior to final adoption of each 16
144144 required revision of the RBES, the Department of Public Service shall convene 17
145145 an Advisory Committee to include one or more mortgage lenders, builders, 18
146146 building designers, utility representatives, and other persons with experience 19
147147 and expertise, such as consumer advocates and energy conservation experts. 20
148148 The Advisory Committee may provide the Commissioner with additional 21 BILL AS INTRODUCED H.181
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152152 VT LEG #380156 v.2
153153 recommendations for revision of the RBES after they review the associated 1
154154 software and handbook guidance for the update. 2
155155 (1) Any amendments to the RBES shall be: 3
156156 (A) consistent with duly adopted State energy policy, as specified in 4
157157 section 202a of this title, and consistent with duly adopted State housing 5
158158 policy; 6
159159 (B) evaluated relative to their technical applicability and reliability; 7
160160 and 8
161161 (C) cost-effective and affordable from the consumer’s perspective. 9
162162 (2) Each time the RBES are amended by the Commissioner, the 10
163163 amended RBES shall become effective upon a date specified in the adopted 11
164164 rule, a date that shall not be less than three six months after the date of 12
165165 adoption. Persons commencing residential construction before the effective 13
166166 date of the amended RBES shall have the option of complying with the 14
167167 applicable provisions of the earlier or the amended RBES. After the effective 15
168168 date of the original or the amended RBES, any person commencing residential 16
169169 construction shall comply with the most recent version of the RBES. 17
170170 * * * 18
171171 Sec. 5. 10 V.S.A. § 582 is amended to read: 19
172172 § 582. GREENHOUSE GAS INVENTORIES; REGISTRY 20
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177177 VT LEG #380156 v.2
178178 (g) Greenhouse gas accounting. 1
179179 (1) In consultation with the Department of Public Service created under 2
180180 30 V.S.A. § 1, the Secretary shall research and adopt by rule greenhouse gas 3
181181 accounting protocols that achieve transparent and accurate life cycle 4
182182 accounting of greenhouse gas emissions, including emissions of such gases 5
183183 from the use of fossil fuels and from renewable fuels such as biomass. On 6
184184 adoption, such protocols shall be the official protocols to be used by any 7
185185 agency or political subdivision of the State in accounting for greenhouse gas 8
186186 emissions. 9
187187 (2) The Department of Public Service, in consultation with the energy 10
188188 efficiency utilities, the Office of Economic Opportunity’s Home 11
189189 Weatherization Assistance Program, and any other entities claiming energy or 12
190190 emissions savings, shall develop a methodology for calculating and reporting 13
191191 greenhouse gas reductions annually. 14
192192 Sec. 6. 26 V.S.A. § 5501 is amended to read: 15
193193 § 5501. REGISTRATION REQUIRED 16
194194 (a) A person shall register with the Office of Professional Regulation prior 17
195195 to contracting with a homeowner to perform residential construction in 18
196196 exchange for consideration of more than $10,000.00 $2,000.00, including labor 19
197197 and materials. 20
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203203 Sec. 7. 26 V.S.A. § 5509 is amended to read: 1
204204 § 5509. REQUIREMENTS OF REGISTRANTS 2
205205 (a) Insurance. A person registered under this chapter shall maintain 3
206206 minimum liability insurance coverage in the amount of $1,000,000.00 per 4
207207 occurrence and $2,000,000.00 aggregate, evidence of which may be required 5
208208 as a precondition to issuance or renewal of a registration if the estimated value 6
209209 of the labor and materials exceeds $10,000.00. 7
210210 * * * 8
211211 Sec. 8. EFFECTIVE DATE 9
212212 This act shall take effect on July 1, 2025. 10