SF 479 (LSB 2278SV (2) 90)

SENATE FILE 479

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SF 334)

A BILL FOR

An Act repealing energy conservation requirements for new construction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 103A.8A, Code 2023, is amended to read as follows:
   103A.8A  Energy conservation requirements —— rulemaking requirements.
   1.  The state building code commissioner shall adopt as a part of the state building code a requirement that new single-family or two-family residential construction shall comply with energy conservation requirements. The requirements adopted by the commissioner shall be based upon a nationally recognized standard or code for energy conservation. The requirements shall only apply to single-family or two-family residential construction commenced after the adoption of the requirements. Notwithstanding any other provision of this chapter to the contrary, the energy conservation requirements adopted by the commissioner and approved by the council shall apply to new single-family or two-family residential construction commenced on or after July 1, 2008, and shall supersede and replace any minimum requirements for energy conservation adopted or enacted by a governmental subdivision prior to that date applicable to such construction except that a governmental subdivision may enact energy conservation requirements that are less restrictive than the state building code. The state building code commissioner may provide training to builders, contractors, and other interested persons on the adopted energy conservation requirements.
   2.  The state building code commissioner shall not amend or rescind 661 IAC 303.2 or 661 IAC 303.3, as they existed on January 1, 2023, except as required by the adoption of a statute by the general assembly. The state building code commissioner may submit a proposal to the general assembly for the amendment or rescission of 661 IAC 303.2 or 661 IAC 303.3, which shall include an estimate of all costs associated with the amendment or rescission.
    Sec. 2.  Section 103A.10, subsection 4, paragraph a, Code 2023, is amended to read as follows:
   a.  Provisions of the state building code establishing thermal efficiency energy conservation standards shall be applicable to all construction in the state which will contain enclosed space that is heated or cooled, except where a governmental subdivision has enacted energy conservation requirements that are less restrictive than the state building code. The commissioner shall provide appropriate exceptions for construction where the application of an energy conservation requirement adopted pursuant to this chapter would be impractical.
    Sec. 3.  Section 103A.10, subsection 5, Code 2023, is amended to read as follows:
   5.  Notwithstanding any other provision of this chapter to the contrary, the energy conservation requirements adopted by the commissioner and approved by the council shall apply to all new construction commenced on or after July 1, 2008, and shall supersede and replace any minimum requirements for energy conservation adopted or enacted by the except that a governmental subdivision prior to that date and applicable to such construction may enact energy conservation requirements that are less restrictive than the state building code.
    Sec. 4.  Section 103A.22, subsection 1, Code 2023, is amended to read as follows:
   1.  Nothing in this chapter shall be construed as prohibiting any governmental subdivision from adopting or enacting any building regulations relating to any building or structure within its limits, but a governmental subdivision in which the state building code has been accepted and is applicable shall not have the power to supersede, void, or repeal or make more restrictive any of the provisions of this chapter or of the rules adopted by the commissioner. This subsection shall not apply to, except that a governmental subdivision may adopt or enact energy conservation requirements that are less restrictive than energy conservation requirements adopted by the commissioner and approved by the council pursuant to section 103A.8A or 103A.10.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to state energy conservation requirements. The bill allows a governmental subdivision to adopt energy conservation requirements that are less restrictive than the state building code. The bill prohibits the state building code commissioner from amending or rescinding current rules creating energy conservation requirements except as required by the adoption of a statute by the general assembly. The bill allows the state building code commissioner to submit a proposal for the amendment or rescission of energy conservation requirements to the general assembly, which shall include an estimate of all costs associated with the amendment or rescission.