81R12075 TRH-D
 
  By: Farrar H.B. No. 4086
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to energy efficiency in newly constructed buildings.
         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) and (b) and adding Subsection
  (b-4) 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 January 1, 2009
  [May 1, 2001], is adopted as the energy code in this state for
  single-family residential construction.
         (b)  To achieve energy conservation in all other
  residential, commercial, and industrial construction, the
  International Energy Conservation Code as it existed on January 1,
  2009 [May 1, 2001], is adopted as the energy code for use in this
  state for all other residential, commercial, and industrial
  construction.
         (b-4)  The State Energy Conservation Office shall:
               (1)  not later than the 180th day before the date a new
  edition of the International Residential Code or International
  Energy Conservation Code is scheduled to be published, and in
  cooperation with the laboratory, the Public Utility Commission of
  Texas, and interested persons under Subsection (b-2), identify a
  list of energy code improvements anticipated to be contained in the
  new edition and develop market transformation programs to train
  builders, architects, and tradesmen to meet the anticipated code
  improvements; and
               (2)  identify additional energy efficiency measures,
  technologies, and practices that have the potential to
  significantly reduce energy use in buildings.
         SECTION 2.  Section 388.003(b-1), Health and Safety Code, as
  added by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted and amended
  to read as follows:
         (b-1)  If the State Energy Conservation Office determines,
  based on written recommendations from the laboratory, that the
  latest published edition of the International Residential Code
  energy efficiency provisions or the latest published edition of the
  International Energy Conservation Code will result in residential
  or commercial energy efficiency and air quality that is equivalent
  to or better than the energy efficiency and air quality achievable
  under the editions adopted under Subsection (a) or (b), the office
  shall [may] by rule adopt the equivalent or more stringent editions
  and substitute them for the energy codes described by Subsection
  (a) or (b).  The rule, if adopted, shall establish an effective
  date for the new energy codes but not earlier than nine months after
  the date of adoption.  The laboratory shall make its
  recommendations not later than six months after publication of new
  editions at the end of each three-year code development cycle of the
  International Residential Code and the International Energy
  Conservation Code.
         SECTION 3.  Section 39.905, Utilities Code, is amended by
  adding Subsection (d-1) to read as follows:
         (d-1)  In addition to the market-transformation programs
  described by Subsection (d), the commission shall establish, and
  each utility shall implement, market-transformation incentive
  programs that:
               (1)  encourage the use of new building technologies and
  construction practices that are anticipated to be included in a new
  edition of the International Residential Code or International
  Energy Conservation Code;
               (2)  offer incentives for a building that exceeds by at
  least 15 percent the energy conservation standards of the most
  current edition of the International Residential Code or
  International Energy Conservation Code;
               (3)  offer increased incentives for a building that
  exceeds by at least 30 percent the energy conservation standards of
  the most current edition of the International Residential Code or
  International Energy Conservation Code; and
               (4)  encourage the testing of new building technologies
  and construction practices that:
                     (A)  have significant potential to reduce
  building energy use by 50 percent or more within 10 years of the
  date the incentive is given; and
                     (B)  integrate renewable energy into building
  designs.
         SECTION 4.  This Act takes effect September 1, 2009.