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Senate File 479 - IntroducedA Bill ForAn Act 1repealing energy conservation requirements for new
2construction.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 103A.8A, Code 2023, is amended to read
2as follows:
3103A.8A Energy conservation requirements — rulemaking
4requirements.
51. The state building code commissioner shall adopt as
6a part of the state building code a requirement that new
7single-family or two-family residential construction shall
8comply with energy conservation requirements. The requirements
9adopted by the commissioner shall be based upon a nationally
10recognized standard or code for energy conservation. The
11requirements shall only apply to single-family or two-family
12residential construction commenced after the adoption of the
13requirements. Notwithstanding any other provision of this
14chapter to the contrary, the energy conservation requirements
15adopted by the commissioner and approved by the council
16shall apply to new single-family or two-family residential
17construction commenced on or after July 1, 2008, and shall
18supersede and replace any minimum requirements for energy
19conservation adopted or enacted by a governmental subdivision
20prior to that date applicable to such construction except
21that a governmental subdivision may enact energy conservation
22requirements that are less restrictive than the state building
23code. The state building code commissioner may provide
24training to builders, contractors, and other interested persons
25on the adopted energy conservation requirements.
262. The state building code commissioner shall not amend
27or rescind 661 IAC 303.2 or 661 IAC 303.3, as they existed
28on January 1, 2023, except as required by the adoption of a
29statute by the general assembly. The state building code
30commissioner may submit a proposal to the general assembly for
31the amendment or rescission of 661 IAC 303.2 or 661 IAC 303.3,
32which shall include an estimate of all costs associated with
33the amendment or rescission.
34 Sec. 2. Section 103A.10, subsection 4, paragraph a, Code
352023, is amended to read as follows:
-1- 1a. Provisions of the state building code establishing
2thermal efficiency energy conservation standards shall be
3applicable to all construction in the state which will contain
4enclosed space that is heated or cooled, except where a
5governmental subdivision has enacted energy conservation
6requirements that are less restrictive than the state
7building code. The commissioner shall provide appropriate
8exceptions for construction where the application of an energy
9conservation requirement adopted pursuant to this chapter would
10be impractical.
11 Sec. 3. Section 103A.10, subsection 5, Code 2023, is amended
12to read as follows:
135. Notwithstanding any other provision of this chapter to
14the contrary, the energy conservation requirements adopted
15by the commissioner and approved by the council shall apply
16to all new construction commenced on or after July 1, 2008,
17and shall supersede and replace any minimum requirements for
18energy conservation adopted or enacted by the except that a
19 governmental subdivision prior to that date and applicable to
20such construction may enact energy conservation requirements
21that are less restrictive than the state building code.
22 Sec. 4. Section 103A.22, subsection 1, Code 2023, is amended
23to read as follows:
241. Nothing in this chapter shall be construed as prohibiting
25any governmental subdivision from adopting or enacting any
26building regulations relating to any building or structure
27within its limits, but a governmental subdivision in which
28the state building code has been accepted and is applicable
29shall not have the power to supersede, void, or repeal or
30make more restrictive any of the provisions of this chapter
31or of the rules adopted by the commissioner. This subsection
32 shall not apply to, except that a governmental subdivision
33may adopt or enact energy conservation requirements that are
34less restrictive than energy conservation requirements adopted
35by the commissioner and approved by the council pursuant to
-2-1section 103A.8A or 103A.10.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to state energy conservation requirements.
6The bill allows a governmental subdivision to adopt energy
7conservation requirements that are less restrictive than the
8state building code. The bill prohibits the state building
9code commissioner from amending or rescinding current rules
10creating energy conservation requirements except as required
11by the adoption of a statute by the general assembly. The
12bill allows the state building code commissioner to submit a
13proposal for the amendment or rescission of energy conservation
14requirements to the general assembly, which shall include
15an estimate of all costs associated with the amendment or
16rescission.
-3-ss/rn
2construction.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 103A.8A, Code 2023, is amended to read
2as follows:
3103A.8A Energy conservation requirements — rulemaking
4requirements.
51. The state building code commissioner shall adopt as
6a part of the state building code a requirement that new
7single-family or two-family residential construction shall
8comply with energy conservation requirements. The requirements
9adopted by the commissioner shall be based upon a nationally
10recognized standard or code for energy conservation. The
11requirements shall only apply to single-family or two-family
12residential construction commenced after the adoption of the
13requirements. Notwithstanding any other provision of this
14chapter to the contrary, the energy conservation requirements
15adopted by the commissioner and approved by the council
16shall apply to new single-family or two-family residential
17construction commenced on or after July 1, 2008, and shall
18supersede and replace any minimum requirements for energy
19conservation adopted or enacted by a governmental subdivision
20prior to that date applicable to such construction except
21that a governmental subdivision may enact energy conservation
22requirements that are less restrictive than the state building
23code. The state building code commissioner may provide
24training to builders, contractors, and other interested persons
25on the adopted energy conservation requirements.
262. The state building code commissioner shall not amend
27or rescind 661 IAC 303.2 or 661 IAC 303.3, as they existed
28on January 1, 2023, except as required by the adoption of a
29statute by the general assembly. The state building code
30commissioner may submit a proposal to the general assembly for
31the amendment or rescission of 661 IAC 303.2 or 661 IAC 303.3,
32which shall include an estimate of all costs associated with
33the amendment or rescission.
34 Sec. 2. Section 103A.10, subsection 4, paragraph a, Code
352023, is amended to read as follows:
-1- 1a. Provisions of the state building code establishing
2thermal efficiency energy conservation standards shall be
3applicable to all construction in the state which will contain
4enclosed space that is heated or cooled, except where a
5governmental subdivision has enacted energy conservation
6requirements that are less restrictive than the state
7building code. The commissioner shall provide appropriate
8exceptions for construction where the application of an energy
9conservation requirement adopted pursuant to this chapter would
10be impractical.
11 Sec. 3. Section 103A.10, subsection 5, Code 2023, is amended
12to read as follows:
135. Notwithstanding any other provision of this chapter to
14the contrary, the energy conservation requirements adopted
15by the commissioner and approved by the council shall apply
16to all new construction commenced on or after July 1, 2008,
17and shall supersede and replace any minimum requirements for
18energy conservation adopted or enacted by the except that a
19 governmental subdivision prior to that date and applicable to
20such construction may enact energy conservation requirements
21that are less restrictive than the state building code.
22 Sec. 4. Section 103A.22, subsection 1, Code 2023, is amended
23to read as follows:
241. Nothing in this chapter shall be construed as prohibiting
25any governmental subdivision from adopting or enacting any
26building regulations relating to any building or structure
27within its limits, but a governmental subdivision in which
28the state building code has been accepted and is applicable
29shall not have the power to supersede, void, or repeal or
30make more restrictive any of the provisions of this chapter
31or of the rules adopted by the commissioner. This subsection
32 shall not apply to, except that a governmental subdivision
33may adopt or enact energy conservation requirements that are
34less restrictive than energy conservation requirements adopted
35by the commissioner and approved by the council pursuant to
-2-1section 103A.8A or 103A.10.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to state energy conservation requirements.
6The bill allows a governmental subdivision to adopt energy
7conservation requirements that are less restrictive than the
8state building code. The bill prohibits the state building
9code commissioner from amending or rescinding current rules
10creating energy conservation requirements except as required
11by the adoption of a statute by the general assembly. The
12bill allows the state building code commissioner to submit a
13proposal for the amendment or rescission of energy conservation
14requirements to the general assembly, which shall include
15an estimate of all costs associated with the amendment or
16rescission.
-3-ss/rn