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A BILL TO BE ENTITLED
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AN ACT
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relating to building energy efficiency performance standards; |
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establishing the Building Energy Efficiency Advisory Committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 388.003(b-1), Health and Safety Code, as |
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added by Chapter 939 (H.B. 3693), Acts of the 80th Legislature, |
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Regular Session, 2007, is amended to read as follows: |
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(b-1) The [If the] State Energy Conservation Office may |
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adopt and substitute for the energy codes described by Subsection |
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(a) or (b) [determines, based on written recommendations from the
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laboratory, that the energy efficiency provisions of] the latest |
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published edition [editions] of the International Residential Code |
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energy efficiency provisions or the latest published edition of the |
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International Energy Conservation Code, based on written findings |
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from the laboratory on the stringency of the editions and comments |
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and recommendations from the Building Energy Efficiency Advisory |
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Committee [for residential or commercial energy efficiency and air
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quality are equivalent to or more stringent than the provisions of
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editions adopted under Subsection (a) or (b), the office by rule may
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adopt and substitute in the energy code the equivalent or more
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stringent editions for of the initial editions described by
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Subsection (a) or (b)]. The [If the State Energy Conservation
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Office adopts the latest published editions of the International
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Residential Code or the International Energy Conservation Code into
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the energy code, the] office: |
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(1) may not adopt an edition under this subsection |
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more often than once every six years; and |
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(2) shall establish by rule an effective date for an |
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adopted edition [the new editions] that is not earlier than nine |
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months after the date of adoption. [The laboratory shall submit
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recommendations concerning the latest published editions of the
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International Residential Code or the International Energy
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Conservation Code not later than six months after publication of
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new editions.] |
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SECTION 2. Section 388.003, Health and Safety Code, is |
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amended by amending Subsections (b-3) and (i) and adding Subsection |
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(b-4) to read as follows: |
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(b-3) The [In developing written recommendations under
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Subsection (b-1), the] laboratory shall: |
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(1) submit findings on the stringency of the latest |
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published edition of the International Residential Code energy |
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efficiency provisions and of the International Energy Conservation |
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Code to the State Energy Conservation Office not later than six |
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months after publication of a new edition; and |
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(2) in developing the findings, consider the comments |
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submitted under Subsection (b-2) and the comments and |
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recommendations of the Building Energy Efficiency Advisory |
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Committee on the latest published editions. |
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(b-4) The State Energy Conservation Office may amend or |
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establish an energy rating index that is used to measure compliance |
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in a voluntary compliance path of an energy code edition before |
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adopting the edition under Subsection (b-1). The office may adopt |
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an energy rating index for each climate zone in this state. |
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(i) A local amendment adopted under Subsection (d) may not |
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conflict with the compliance paths described by this subsection. A |
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building certified by a national, state, or local accredited energy |
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efficiency program and determined by the laboratory to be in |
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compliance with the energy efficiency requirements of this section |
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shall [may, at the option of the municipality,] be considered in |
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compliance. The United States Environmental Protection Agency's |
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Energy Star Program certification of energy code equivalency shall |
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be considered in compliance. An energy rating index in a voluntary |
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compliance path of an energy code adopted by the State Energy |
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Conservation Office under Subsection (b-1) shall be considered in |
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compliance. |
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SECTION 3. Chapter 388, Health and Safety Code, is amended |
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by adding Section 388.0035 to read as follows: |
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Sec. 388.0035. BUILDING ENERGY EFFICIENCY ADVISORY |
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COMMITTEE. (a) The State Energy Conservation Office shall |
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establish the Building Energy Efficiency Advisory Committee. |
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(b) The advisory committee is appointed by the State Energy |
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Conservation Office and composed of 13 members who have an interest |
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in the adoption of energy codes. |
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(c) The advisory committee must include: |
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(1) two commercial builders who are members of a |
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statewide trade association; |
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(2) two residential builders who are members of a |
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statewide trade association; |
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(3) two building code officials; |
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(4) two members who represent environmental groups; |
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(5) two members who are certified as energy raters by |
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the Residential Energy Services Network or a comparable |
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organization or certified as code inspectors by the International |
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Code Council; |
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(6) one member who is an architect registered under |
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Chapter 1051, Occupations Code, or engineer licensed under Chapter |
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1001, Occupations Code; |
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(7) one member who represents the electric utility |
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industry; and |
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(8) one public member. |
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(d) Chapter 2110, Government Code, applies to the |
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committee, except for Sections 2110.002 and 2110.008. |
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(e) The committee may submit to the laboratory and the State |
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Energy Conservation Office: |
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(1) comments on energy codes under consideration for |
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adoption under Section 388.003(b-1); and |
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(2) recommended energy rating indexes for each climate |
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zone in this state that may be used to measure compliance in a |
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voluntary compliance path recognized by the International |
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Residential Code energy efficiency provisions or the International |
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Energy Conservation Code. |
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SECTION 4. Section 388.003(b-1), Health and Safety Code, as |
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added by Chapter 262 (S.B. 12), Acts of the 80th Legislature, |
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Regular Session, 2007, is repealed. |
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SECTION 5. Not later than January 1, 2016, the State Energy |
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Conservation Office shall appoint the members of the Building |
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Energy Efficiency Advisory Committee as provided by Section |
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388.0035, Health and Safety Code, as added by this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |