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AN ACT
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relating to building energy efficiency performance standards. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 388.003, Health and Safety Code, is |
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amended by amending Subsections (a), (b), (b-2), (b-3), (d), and |
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(i) and adding Subsections (j) and (k) to read as follows: |
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(a) To achieve energy conservation in single-family |
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residential construction, the energy efficiency chapter of the |
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International Residential Code, as it existed on May 1, 2001, is |
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adopted as the energy code in this state for single-family |
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residential construction. On September 1, 2016, the energy |
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efficiency chapter of the International Residential Code, as it |
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existed on May 1, 2015, is adopted as the energy code in this state |
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for single-family residential construction. On or after September |
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1, 2021, the State Energy Conservation Office may adopt and |
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substitute for that energy code the latest published edition of the |
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energy efficiency chapter of the International Residential Code, |
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based on written findings on the stringency of the chapter |
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submitted by the laboratory under Subsection (b-3). 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) by rule shall establish an effective date for an |
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adopted edition that is not earlier than nine months after the date |
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of adoption. |
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(b) To achieve energy conservation in all other |
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residential, commercial, and industrial construction, the |
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International Energy Conservation Code as it existed on May 1, |
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2001, is adopted as the energy code for use in this state for all |
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other residential, commercial, and industrial construction. The |
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State Energy Conservation Office may adopt and substitute for that |
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energy code the latest published edition of the International |
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Energy Conservation Code, based on written findings on the |
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stringency of the edition submitted by the laboratory under |
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Subsection (b-3). The office by rule shall establish an effective |
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date for an adopted edition that is not earlier than nine months |
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after the date of adoption. |
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(b-2) The State Energy Conservation Office by rule shall |
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establish a procedure for persons who have an interest in the |
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adoption of energy codes under Subsection (a) or (b) [(b-1)] to have |
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an opportunity to comment on the codes under consideration. The |
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office shall consider persons who have an interest in adoption of |
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those codes to include: |
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(1) commercial and residential builders, architects, |
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and engineers; |
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(2) municipal, county, and other local government |
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authorities; [and] |
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(3) environmental groups; and |
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(4) manufacturers of building materials and products. |
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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 to the State Energy Conservation Office |
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written findings on the stringency of the latest published edition |
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of the International Residential Code energy efficiency provisions |
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only if the date of the edition allows the office to adopt the |
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edition under Subsection (a)(1); |
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(2) submit to the State Energy Conservation Office |
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written findings on the stringency of the latest published edition |
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of the International Energy Conservation Code not later than six |
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months after publication of a new edition; and |
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(3) in developing the findings, consider the comments |
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submitted under Subsection (b-2). |
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(d) A municipality [or county] may establish procedures to |
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adopt local amendments to the International Energy Conservation |
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Code and the energy efficiency chapter of the International |
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Residential Code. Notwithstanding the requirements of Subsection |
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(e), a municipality located in an area defined by Section |
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388.002(11) or in an affected county may establish procedures to |
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adopt local amendments to the Energy Rating Index Compliance |
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Alternative or subsequent alternative compliance path as described |
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by Subsection (j). |
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(i) A building certified by a national, state, or local |
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accredited energy efficiency program and determined by the |
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laboratory to be in compliance with the energy efficiency |
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requirements of this section may, at the option of the |
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municipality, be considered in compliance. The United States |
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Environmental Protection Agency's Energy Star Program |
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certification of energy code equivalency shall be considered in |
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compliance. The Energy Rating Index Compliance Alternative or |
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subsequent alternative compliance path as described by Subsection |
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(j) shall be considered in compliance. |
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(j) For the purposes of this chapter, the Energy Rating |
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Index Compliance Alternative or subsequent alternative compliance |
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path used to measure compliance for single-family residential |
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construction in an optional compliance path of |
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the energy |
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efficiency chapter of the International Residential Code that uses |
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an energy rating index is as follows: |
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(1) for climate zone 2, an energy rating index of: |
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(A) 65 or lower from September 1, 2016, to August |
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31, 2019; |
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(B) 63 or lower from September 1, 2019, to August |
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31, 2022; and |
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(C) 59 or lower on or after September 1, 2022; |
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(2) for climate zone 3, an energy rating index of: |
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(A) 65 or lower from September 1, 2016, to August |
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31, 2019; |
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(B) 63 or lower from September 1, 2019, to August |
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31, 2022; and |
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(C) 59 or lower on or after September 1, 2022; and |
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(3) for climate zone 4, an energy rating index of: |
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(A) 69 or lower from September 1, 2016, to August |
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31, 2019; |
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(B) 67 or lower from September 1, 2019, to August |
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31, 2022; and |
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(C) 63 or lower on or after September 1, 2022. |
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(k) This subsection and Subsection (j) expire September 1, |
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2025. |
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SECTION 2. The following provisions of the Health and |
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Safety Code are repealed: |
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(1) Section 388.003(b-1), as added by Chapter 262 |
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(S.B. 12), Acts of the 80th Legislature, Regular Session, 2007; and |
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(2) Section 388.003(b-1), as added by Chapter 939 |
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(H.B. 3693), Acts of the 80th Legislature, Regular Session, 2007. |
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SECTION 3. 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1736 was passed by the House on April |
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30, 2015, by the following vote: Yeas 123, Nays 16, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1736 on May 22, 2015, by the following vote: Yeas 111, Nays 18, |
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3 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1736 was passed by the Senate, with |
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amendments, on May 20, 2015, by the following vote: Yeas 29, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |