OLR Bill Analysis

sHB 6284 (as amended by House “A”)*

AN ACT CONCERNING ADOPTION OF A MODEL ENERGY CODE AND GREEN BUILDING STANDARDS.

SUMMARY:

This bill delays the date when “green building” standards take effect and narrows their scope. It requires the state building inspector and Codes and Standards Committee to establish the threshold size for buildings subject to the standards. Under current law, the standards apply to certain new construction costing $ 5 million or more and renovations costing $ 2 million or more.

The bill delays and modifies the requirement that the state building inspector and Codes and Standards Committee revise the State Building Code with regard to energy efficiency standards.

The bill also increases the membership of the Codes and Standards Committee, from 17 to 18, by adding a member with expertise in matters relating to energy efficiency.

*House Amendment “A” (1) modifies the requirement pertaining to revisions of the state building code and energy efficiency standards, (2) specifies that the bill cannot be construed to impose new requirements on state buildings subject to “green building standards,” (3) adds the Codes and Standards Committee member, (4) excludes a provision that the building code revision include a method for demonstrating compliance at the time of application for a building permit, and (5) makes a technical change.

EFFECTIVE DATE: Upon passage

GREEN BUILDING STANDARDS

Current law requires the inspector and committee to amend the State Building Code to require (1) buildings costing $ 5 million or more and built after January 1, 2009 and (2) renovations started after January 1, 2010, and costing $ 2 million or more to meet green building standards. The standards are (1) a silver rating under the Leadership in Energy and Environmental Design (LEED) rating system for new commercial construction and major renovation projects, (2) a two-globe rating under the Green Globes USA design program, or (3) an equivalent standard. Under LEED and Green Globes, a project's rating is based on the number of points it receives. Buildings can receive points for a wide range of characteristics, including energy efficiency, use of renewable energy, water conservation, indoor air quality, reuse of existing buildings and building materials, and environmentally sensitive site design. Under both systems, current law requires the building to achieve the second lowest rating on a four-point scale. The requirements apply to private and public sector buildings, other than residential buildings with up to four units.

The bill instead requires the building inspector and committee, in consultation with the public safety commissioner, on and after July 1, 2010 to revise the code with regard to green building standards. Specifically, it requires them to amend the code to require certain buildings that qualify as new construction or major alteration of a residential or nonresidential building to meet or exceed optimum building construction standards for the thermal envelope or mechanical systems. The provisions must at least address indoor air quality, water conservation, and the building's lighting and electrical systems. They must reference nationally accepted green building rating systems, which, under the bill, include the National Green Building Standard, as established by the National Association of Home Builders; as well as LEED and Green Globes; or an equivalent rating system approved by the state building inspector and committee.

The bill requires that the revision include a method for demonstrating compliance at the time of application for a certificate of occupancy. These can include, among other things, private third party certification or verification of compliance with the relevant portions of the rating systems, including the energy and environmental portions.

The bill eliminates a requirement that the inspector and the committee waive the current requirements if the Institute for Sustainable Energy finds that the cost of compliance significantly outweighs the benefits.

BUILDING CODE REVISION

Under current law, the state building inspector and Codes and Standards Committee, on and after January 1, 2008, must revise the state building code to require that all building and building elements are designed to meet energy efficiency standards over the building's useful life. The revisions must meet the American Society of Heating, Refrigerating and Air Conditioning Standard 90. 1 for new construction.

The bill, instead, limits the revisions to commercial and residential buildings, instead of all buildings. It also (1) eliminates the required ongoing revision of the code to incorporate energy efficiency standards and (2) delays adoption of the standards by requiring that the code incorporate the 2012 International Energy Conservation Code, not later than 18 months after its publication. These provisions cannot be construed to impose any new requirement for renovation or construction of state buildings subject to “green building standards” under existing law (CGS § 16a-38k), regardless of whether the building has been granted an exemption.

COMMITTEE ACTION

Public Safety and Security Committee

Joint Favorable Substitute

Environment Committee

Joint Favorable

Energy and Technology Committee

Joint Favorable