INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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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.]
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No
equivalent provision. (But see SECTION 1 and SECTION 2 below.)
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No
equivalent provision. (But see SECTION 1 above.)
No
equivalent provision. (But see SECTION 1 above.)
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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.
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No
equivalent provision.
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(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.
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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.
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(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).
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(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.
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No
equivalent provision.
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No
equivalent provision.
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(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.
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(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.
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(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.
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No
equivalent provision.
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(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.
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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.
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No
equivalent provision.
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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.
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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.
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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.
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No
equivalent provision.
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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.
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SECTION 3. Same as introduced
version.
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