WEEK OF DECEMBER 19-23, 2011 CODE ALERT BULLETIN

Brought to you by the Building Codes Assistance Project (BCAP) and its website The Online Code Environment & Advocacy Network (OCEAN) Welcome to the weekly Code Alert Bulletin designed to share information and support timely participation in state and local activities related to the adoption and implementation of building energy codes. This bulletin highlights immediate opportunities to influence state and local policy outcomes, indicates code status, and recommends contact for action. By promoting these opportunities among energy efficiency supporters, advocates can collectively increase their impact at legislative and regulatory proceedings at the state and local levels. Please forward this bulletin to others who support the advancement of building energy efficiency. If you are aware of activity that should be on this bulletin, or would like to provide feedback, please contact Paul Karrer at (202) 530-4347 or pkarrer@ase.org. For the latest energy code news and BCAP activity, follow us on Twitter, Facebook, and LinkedIn.

* 2011 YEAR IN REVIEW *

USA State and Local Adoptions Abound in 2011, More Expected in 2012

* CODE RESOURCES & EVENTS *

ECAP Alabama Energy Code Ambassadors Program to Expand in 2012

* NEW STATE ALERTS *

Arkansas Energy Office Proposes 90.1-2007 Commercial Code Update District of Columbia Codes Board Advances 2012 IECC; Update Expected In 2013 Illinois Code Council Advances 2012 IECC Update; Training Sessions Scheduled Pennsylvania Comments and Code Change Proposals Due to RAC Dec. 31 South Carolina Council to Recommend 2009 IECC Adoption to Legislative Committee Texas SECO Begins 2012 IECC Update Process

* ONGOING STATE ALERTS *

Alabama Jan. 12 Hearing and Vote on States First Mandatory Energy Code Michigan House Passes Bill to Lengthen Code Update Cycle

* LOCAL ALERTS *
Albuquerque, NM City Council Votes to Roll Back Local Energy Code

Houston, TX City Adopts Three-Tiered Energy Efficiency Boost in Residential Code

* CALENDAR * ***** 2011 ADOPTION & IMPLEMENTATION REVIEW

Alert Status: Several U.S. states, territories, and cities updated building energy codes and green construction codes in 2011. BCAP offers you a brief look back at the policy successes of the year, along with a look forward to more updates finalized this year that will become effective in 2012. Several other states are expected to complete code update processes in the new year, so follow the BCAP Code Alert Bulletin throughout 2012 for news from across the building energy codes community. More Information: OCEAN Homepage | BCAP Code Status Maps | OCEAN Code News Action: If you know of an energy code update not listed here, please contact Paul Karrer with BCAP [pkarrer@ase.org] Top

2011
Alaska AHFC Updates Residential Energy Standard for Home Financing on March 9 California CALgreen Becomes Nations First Mandatory Green Building Code Jan.1 Connecticut DPS Adopts 2009 IECC Effective Oct. 7 Georgia Strengthened 2009 IECC and Green Building Standard Take Effect Jan. 1 Idaho 2009 IECC Effective Statewide Jan. 1 Kentucky Commercial Code Updated to 2009 IECC on June 1 Louisiana Non-Residential Code Updated July 20 to ASHRAE 90.1-2007, 2009 IECC Maryland Governor Signs Law Allowing State, Jurisdictions to Adopt IGCC Michigan 2009 Michigan Uniform Energy Code Effective March 9 Nebraska Updated Statewide 2009 IECC Energy Code Effective Aug.24 Ohio 2009 IECC Commercial Code Effective Nov. 1 1 Oregon 2011 Residential Code Update Effective July 1; 90 Day Grace Period Follows Oregon2 Reach Code Available: Commercial July 1, Residential October 1 Puerto Rico Adopts 2009 IECC and Eight Other Model Codes South Dakota Voluntary 2009 IECC Residential Code Bill Signed into Law Tennessee Fire Marshals Office Announces 2006 IECC Enforcement Starting June 1 Texas 2009 IECC Effective April 1 for Nonresidential Construction Vermont 2009 IECC Residential Update Effective Oct. 1 Virginia 2009 IECC and IRC Effective March 1 with One-Year Phase-In Period Washington 2009 Washington State Energy Code Takes Effect Jan. 1 Wisconsin Commercial Code Update to 2009 IECC Effective Sept. 1 Denver, CO City Council Adopts 2009 IECC Effective Oct. 17 Durham, NH Town Becomes One of First to Adopt 2012 IECC Houston, TX City Updates Commercial Energy Code to 2009 IECC Las Vegas, NV Adopts 2009 IECC Energy Code for Southern Nevada Effective July 5 Mesa, AZ City Adopts 2009 IECC, Effective January 2012

2012
Florida Energy Code Update Now Slated for March 2012

Kentucky 2009 IECC Residential Proposal Approved Maryland State First to Adopt 2012 IECC, Effective Jan. 1 New Mexico After Rollback, 2009 IECC Effective Feb. 1 North Carolina Legislature Approves Long-Awaited Above Code Update in Jan. 2012 Texas 2009 IRC for One/Two Family Homes Effective Jan. 1 Vermont 2009 IECC and ASHRAE 90.1-2007 Commercial Code Effective Jan. 3
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***** CODE AMBASSADORS

Alert Status: As Alabama looks to adopt its first mandatory statewide energy code in 2012, several stakeholder groups also look forward to expanding the Alabama Energy Codes Ambassadors Program (ECAP). Through an additional grant, PNNL has provided funds for travel expenses for ECAP trainees through April 2012. ECAP was established to train code officials who can provide technical assistance and training to code officials in other local jurisdictions. The program aims to train code officials to act as peer-to-peer mentors to assist in spreading greater knowledge of the energy codes and their enforcement. ECAP began as a partnership program between BCAP and the ICC to help better enforcement the model energy codes in order to meet 90% compliance by 2017. It has already been established in multiple states. Southface Energy Institute has developed a presentation specifically based on the Alabama Residential and Energy Code (AERC) and specifically for code officials. With this presentation, as well as the ECAP training, materials, and resources developed in part by Mike DeWein of BCAP, the prospective Code Ambassadors will be well-equipped to guide their fellow code officials through the adoption and implementation of the new code. More Information: Alabama ECAP Update | ECAP Homepage on OCEAN | ECAP News Archive Action: If interested in getting involved, please contact Mike DeWein with BCAP [mdewein@ase.org] or Brian Sernulka with BCAP [bsernulka@ase.org] Top

***** ARKANSAS
Alert Status: The Arkansas Energy Office (AEO) has proposed updating the states commercial energy code. The proposed amendments would rename the 2004 Arkansas Energy Code as the Arkansas Energy Code for New Building Construction and update its commercial provisions to reference ASHRAE Standard 90.1-2007 and Chapter 5 of the 2009 IECC (the current edition is based on the 2003 IECC and ASHRAE 90.1-2001). AEO has also partnered with the state chapter of the USGBC to provide four training sessions on the new commercial code in 2012 ahead of the target implementation date of January 2013. Arkansas has already begun taking several actions to improve the states energy code policies similar to recommendations developed by BCAP in the states Gap Analysis Report. In March 2011, the state legislature created a regulatory update process by authorizing AEO to promulgate rules to update the states energy codes. As directed by the state legislature, AEO began implementing the Rules for Sustainable Energy-Efficient Public Buildings on January 1, 2011. The rules are based on ASHRAE Standard 90.1-2007 with strengthening amendments that achieve energy savings 10% beyond the base code. More Information: BCAP Arkansas Code News | AEO | Proposed Amendment Text | 2004 AR Energy Code | BCAP CPA Report | Rules for Sustainable Energy-Efficient Public Buildings Action: If interested in getting involved, please contact Brian Sernulka with BCAP [bsernulka@ase.org] or Jenah Zweig with SEEA [Jenah@seealliance.org] Top

DISTRICT OF COLUMBIA

Code Update: On December 16, the District of Columbias Construction Codes Coordinating Board (CCCB) voted in favor of adopting the 2012 IECC. The current 2008 D.C. Construction Codes are based on ASHRAE 90.1-2007 and the 2006 IECC with strengthening amendments from the original iteration of the 30% Solution. Implementation is expected in late 2013 pending administrative review and legislative processes to officially enact the code update. More Information: BCAP D.C. Code News | DC CCCB | 2008 DC Construction Codes Action: For more information, please contact Paul Karrer with BCAP [pkarrer@ase.org] or Cliff Majersik with IMT [cliff@imt.org] Top

ILLINOIS
Alert Status: On November 28, the Illinois Energy Code Advisory Council voted to recommend adoption of the 2012 IECC to update the Illinois Energy Conservation Code (currently based on the 2009 IECC). The update proposal amendment included: Air infiltration will be 5 ACH50 instead of 3 ACH50; For additions, alternations etc, a blower door test will not be required. Instead, builders are required to follow the air infiltration checklist only; Section M1507.3 of the IRC will be imported into the residential energy chapter. The proposal now goes before the Illinois Capital Development Board (CDB) and the General Assemblys Joint Committee on Administrative Review (JCAR). It is expected to become effective in April 2012. The Illinois Energy Office has scheduled roughly 30 training sessions throughout the state through May 2012. More Information: BCAP Illinois Code News | IECAC | CDB | JCAR | Training Flyer Action: If interested in getting involved, please contact Isaac Elnecave of MEEA [ielnecave@mwalliance.org] Top

PENNSYLVANIA
Alert Status: The Pennsylvania Uniform Construction Code (UCC) Review and Advisory Council (RAC) has begun the process to review the 2012 ICC Codes, including the 2012 IECC, for potential adoption. The timeline for the code update process and the schedule for the three public hearings have been posted online. Interested parties may submit recommendations that the Council adopt code changes from the 2012 ICC codes by the December 31 deadline. Following public hearings in the fall, the Council will meet in January to debate all noncontroversial code changes. The Council will schedule meetings for early 2012 to consider and vote on controversial changes individually based on the overall number of controversial code changes. Those meetings will be organized by code. These proposed changes must receive 2/3 approval from the Council to be included in its final report recommending changes for adoption. This report must be submitted to the Secretary of the Department of Labor and Industry (DLI) by July 31, 2012. In April 2011, the state legislature passed legislation (HB 377) significantly altering the process to update the states construction codes (the 2009 I-Codes series, including the 2009 IECC, became effective December 31, 2009). Among the changes: A 2/3 majority of the RAC is now required to approve code change proposals to adopt provisions from the next ICC code series; The RAC would be required to submit a report on any proposed changes within 12 months of the official publication of ICCs triennial code updates; and HB 377 also repealed the residential sprinkler provisions of the 2009 IRC and reverted to the 2006 wall bracing requirements. More Information: BCAP Pennsylvania Code News | Hearing Schedule | Process Timeline | RAC | UCC | HB 377 | PA Code News Archive Action: If interested in getting involved, please contact Paul Karrer with BCAP [pkarrer@ase.org] or Carolyn Sarno with NEEP [csarno@neep.org]

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SOUTH CAROLINA
Alert Status: On November 28, the Energy Advisory Council (EAC) of the South Carolina Public Utility Review Committee (PURC) voted unanimously to recommend adoption of the 2009 IECC. Should the full PURC concur, it will recommend that the Public Utility Review Committee of the South Carolina Legislature update the current code (referencing the 2006 IECC) in early 2012 with a planned effective date for January 1, 2013. The South Carolina Home Builders Association has tentatively identified a legislative sponsor. The South Carolina Building Code Council has also begun to review of the 2012 family of I-codes. Recent investigation and analysis by Mathis Consulting Company for the 2012 IECC for South Carolina showed cost effective and significant energy and peak power benefits to the state. BCAP also recently completed its South Carolina Strategic Compliance Plan as part of its Compliance Planning Assistance (CPA) Program. More Information: BCAP South Carolina Code News | PURC | SC Compliance Plan | Mathis 2012 IECC Cost Study Action: If interested in getting involved, please contact Brian Sernulka with BCAP [bsernulka@ase.org] or Jenah Zweig with SEEA [Jenah@seealliance.org] Top

TEXAS
Alert Status: In December, the Texas Energy Systems Laboratory (ESL) sent the State Energy Conservation Office (SECO) an official letter analyzing the 2012 IECC and the 2012 IRC Chapter 11. The ESL found that the 2012 IECC codes were significantly more efficient than the 2009 IECC and IRC Chapter 11 adopted by the State of Texas for both residential and commercial buildings. With this letter, SECO will begin a rulemaking process in 2012 to consider adopting the 2012 IECC. The letter is posted on the Texas Building Energy Code section of the SECO website. A report on building energy codes programs in Texas was featured in an article in the New York Times. More Information: BCAP Texas Code News | SECO | ESL | www.TXBuildingEnergyCode.org | NYT Article Action: If interested in getting involved, please contact Brian Sernulka with BCAP [bsernulka@ase.org] or Eric Lacey with RECA [eric@reca-codes.com] Top

***** ALABAMA
Alert Status: The Alabama Residential and Energy Code (AERC) has been published in the November 30 issue of the state administrative journal. The AERC Board has scheduled a public hearing and vote on January 12 to give final approval for a proposal for Alabamas first mandatory statewide energy code. If approved, the Board has tentatively set a June 1, 2012 effective date for enforcement. As proposed, the commercial code would be based on the 2009 IECC. The residential code would be based on Chapter 11 of the 2009 IRC with amendments that include: - Deleting the section for protection of exposed foundation insulation - Adding a section stating that local jurisdiction above code programs must be approved by the AERC Board - Making the certificate stating the insulation R-values, U-factors and SHGC for fenestration voluntary instead of mandatory - Substituting the insulation and fenestration Requirements from the 2009 IECC, which are slightly more stringent - The section for slab-on-grade floor insulation was deleted. - The requirement for programmable thermostats was deleted.

- The requirement for R-8 duct insulation was delayed until July 1, 2013 - Duct Leakage testing is not required until July 1, 2013 Legislation passed in March 2010 created the AERC Board with the authority to adopt mandatory residential and commercial energy codes for the entire state and residential building codes for jurisdictions that had not implemented a residential building code prior to March 2010. The state has previously adopted the Residential Energy Code for Alabama (RECA 2004) based on the 2000 IECC as a voluntary code for residential construction. Since December 2008, the 2006 IECC has been encouraged for private commercial construction. The Alabama Building Commission enforces ASHRAE Standard 90.1-2007 for all state building construction. The Alabama Energy Code Ambassadors Program (ECAP) will also expand in 2012. More Information: BCAP Alabama Code News | Rule 305-2-4 | SB 315 | ADECA Building Energy Efficiency | ADECA Building Energy Codes Action: If interested in getting involved, please contact Jenah Zweig with SEEA [Jenah@seealliance.org] or Brian Sernulka with BCAP [bsernulka@ase.org] Top

MICHIGAN
Alert Status: On December 1, the Michigan House of Representatives approved legislation that could significantly hinder future updates of the Michigan Uniform Energy Code (MUEC). HB 4561 would replace the regular 3-year code update review cycles with a three to six year cycle, at the discretion of the administrator of the Department of Licensing and Regulatory Affairs (LARA, formerly DELEG). It would also strike a provision in current state law that allows the code to incorporate the provisions of a code, standard or other material by reference and limit referenced standards to only the specific model codes listed in the statute (and the standards contained in those model codes). The bill now goes to the Senate Committee on Regulatory Reform. The 2009 MUEC (based on the 2009 IECC with Michigan amendments and ASHRAE Standard 90.1-2007) became effective March 9, 2011. More Information: BCAP Michigan Code News | HB 4561: Home & Text | 2009 MUEC: Residential & Commercial | LARA Bureau of Construction Codes Action: If interested in getting involved, please contact Isaac Elnecave of MEEA [ielnecave@mwalliance.org] Top

***** ALBUQUERQUE, NM
Alert Status: On December 19, the Albuquerque City Council voted to roll back the city's advanced energy code, which was intended to make the city a leader in energy conservation. This action will abandon the 2009 Interim Albuquerque Energy Conservation Code for the statewide minimum energy code. It was estimated the local code would achieve 5 to 19 percent energy savings beyond the state code through more stringent requirements for insulation, windows, and lighting. The state code, the 2009 New Mexico Energy Conservation Code, has undergone many changes in 2011. Originally updated in December 2010 to achieve significant energy savings beyond the 2009 IECC, the state executive branch rolled back the code to the 2006 IECC in June 2011. It is slated to be updated again to reference the unamended 2009 IECC on February 1, 2012. More Information: BCAP New Mexico Code News | 2009 IAECC | 2009 NMECC News Archive | News Article Action: If interested in getting involved, please contact Tammy Fiebelkorn with SWEEP [tfiebelkorn@swenergy.org] or Paul Karrer with BCAP [pkarrer@ase.org] Top

HOUSTON, TX

Alert Status: On December 7, Houston adopted a 15% boost in residential energy efficiency above their 2009 IECC code in 5% increments, with the first 5% to be effective January 1, 2012, followed by a commitment to go to 10% above in 2013 and 15% in 2014. The 2009 IECC has been effective for nonresidential buildings since September 2011. The citys residential energy code had been based on the 2006 IECC since January 2009. A report on building energy codes programs in Houston was featured in an article in the New York Times. More Information: BCAP Texas Code News| BCAP/ICF Analysis | Houston Chronicle Op-Ed | 2011 Houston Codes | Houston Code Adoption History | NYT Article Action: If interested in getting involved, please contact Bill Fay with EECC [bfay@ase.org] or Brian Sernulka with BCAP [bsernulka@ase.org] Top

***** EVENTS, HEARINGS, AND COMMENT DEADLINES

Sun, Jan 1: North Carolina 2012 NC Energy Conservation Code (meets/exceeds 2009 IECC) effective Sun, Jan 1: Maryland 2012 MD Building Performance Standards (2012 IECC) effective Sun, Jan 1: Texas 2012 TX Building Energy Performance Standards (2009 IRC) effective for singlefamily homes Tues, Jan 3: Vermont 2011 Commercial Building Energy Standards (2009 IECC/90.1-2007+) effective Thur, Jan 12: Alabama AERC Board hearing/ vote on Alabama Energy and Residential Code (2009 IECC/IRC) Wed, Feb 1: New Mexico 2009 NM Energy Conservation Code revision (2009 IECC) effective Mon-Fri, Feb 27-Mar 2: EduCode ICC annual code training conference in Las Vegas, NV Thur, Mar 1: North Carolina 2012 NC Energy Conservation Code mandatory compliance effective Thur, Mar 15: Florida Anticipated effective date of 2010 Florida Building Code (2009 IECC/ statebased) Fri, Jun 1: Alabama Tentative effective date of Alabama Energy and Residential Code (2009 IECC/IRC)
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BCAP EVENTS CALENDAR *****

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