Darby’s bill exempting energy codes from building product limits

The text as introduced · 1,143 words

89R3851 MP-D

By: Darby
H.B. No. 5109

A BILL TO BE ENTITLED

AN ACT

relating to certain regulations adopted by governmental entities

for the construction or alteration of residential or commercial

buildings.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 3000.002(c), Government Code, is amended

to read as follows:

(c) This section does not apply to:

(1) a program established by a state agency that

requires particular standards, incentives, or financing

arrangements in order to comply with requirements of a state or

federal funding source or housing program;

(2) a requirement for a building necessary to consider

the building eligible for windstorm and hail insurance coverage

under Chapter 2210, Insurance Code;

(3) an ordinance or other regulation that regulates

outdoor lighting that is adopted for the purpose of reducing light

pollution and that:

(A) is adopted by a governmental entity that is

certified as a Dark Sky Community by the International Dark-Sky

Association as part of the International Dark Sky Places Program;

(B) is adopted by a governmental entity that has

adopted a resolution stating the entity's intent to become

certified as a Dark Sky Community by the International Dark-Sky

Association as part of the International Dark Sky Places Program

and does not regulate outdoor lighting in a manner that is more

restrictive than the prohibitions or limitations required to become

certified as a Dark Sky Community; or

(C) applies to outdoor lighting within five miles

of the boundary of a military base in which an active training

program is conducted;

(4) an ordinance or order that:

(A) regulates outdoor lighting; and

(B) is adopted under Subchapter B, Chapter 229,

Local Government Code, or Subchapter B, Chapter 240, Local

Government Code;

(5) a building located in a place or area designated

for its historical, cultural, or architectural importance and

significance that a municipality may regulate under Section

211.003(b), Local Government Code, if the municipality:

(A) is a certified local government under the

National Historic Preservation Act (54 U.S.C. Section 300101 et

seq.); or

(B) has an applicable landmark ordinance that

meets the requirements under the certified local government program

as determined by the Texas Historical Commission;

(6) a building located in a place or area designated

for its historical, cultural, or architectural importance and

significance by a governmental entity, if designated before April

1, 2019;

(7) a building located in an area designated as a

historic district on the National Register of Historic Places;

(8) a building designated as a Recorded Texas Historic

Landmark;

(9) a building designated as a State Archeological

Landmark or State Antiquities Landmark;

(10) a building listed on the National Register of

Historic Places or designated as a landmark by a governmental

entity;

(11) a building located in a World Heritage Buffer

Zone;

(12) a building located in an area designated for

development, restoration, or preservation in a main street city

under the main street program established under Section 442.014;

(13) a standard for a plumbing product required by an

ordinance or other regulation implementing a water conservation

plan or program described by Section 11.1271 or 13.146, Water Code;

[ and ]

(14) a standard for a plumbing product imposed by the

Texas Water Development Board as a condition of applying for or

receiving financial assistance under a program administered by the

board ;

(15) an energy code as adopted by the State Energy

Conservation Office under Section 388.003(a) or (b), Health and

Safety Code;

(16) an energy and water conservation design standard

established by the State Energy Conservation Office under Section

447.004; and

(17) a high-performance building standard approved by

a board of regents under Section 55.115, Education Code .

SECTION 2. Section 388.003, Health and Safety Code, is

amended by amending Subsections (a), (b), and (b-2) and adding

Subsections (a-1) and (a-2) 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 amend or 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 ; and

(3) may amend an adopted edition .

(a-1) Before amending or adopting an edition of the energy

efficiency chapter of the International Residential Code under

Subsection (a), the State Energy Conservation Office shall conduct

an analysis that:

(1) measures the impact of the amendment or adoption

on housing attainability in this state; and

(2) quantifies the incremental construction cost and

energy use cost savings associated with construction to evaluate

the cost-effectiveness of the proposed amendment or adoption.

(a-2) The analysis under Subsection (a-1)(2) must calculate

the payback period for any required products or minimum standards

or requirements that are more stringent than the energy code in

effect on the date immediately before the date the amendment or

adoption would take effect.

(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 :

(1) by rule shall establish an effective date for an

adopted edition that is not earlier than nine months after the date

of adoption ; and

(2) may amend an adopted edition .

(b-2) The State Energy Conservation Office by rule shall

establish a procedure for persons who have an interest in the

amendment or adoption of energy codes under Subsection (a) or (b) 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;

(3) environmental groups; and

(4) manufacturers of building materials and products.

SECTION 3. This Act takes effect September 1, 2025.