Photo: ©albradenphoto.com
By Cyrus Reed
December has been a big month for energy efficient buildings in Texas. First, after nearly two years of deliberation, San Antonio is poised to be the first city in Texas to adopt the most up to date building energy codes. Second, the state’s analysis of the 2015 codes resulted in an official recommendation to the new Comptroller (Glenn Hegar) to adopt the 2015 codes for the whole state. Fun fact: the State Energy Conservation Office (SECO) received approximately 1,750 supportive comments from Sierra Club members and supporters. That was 75% of all the comments SECO received. Your effort gave SECO crucial support! Well done and thanks!
On December 5, San Antonio’s building code advisory committee – the Building-Related and Fire Codes Appeals and Advisory Board (BFCAAB) – voted unanimously to approve a city staff recommendation that would make the 2015 International Energy Conservation Code (IECC) apply to new buildings constructed in San Antonio. If approved by the City Council early next year, San Antonio would be the first municipality in Texas to adopt the new code as the base code, meaning new buildings would be some 10-30% more energy efficient than buildings built to the current 2009 IECC, the current state minimum standard.
In addition,, also after a lengthy comment and analysis period, the Energy Systems Laboratory, a division of Texas A&M University, released its technical analysis of both commercial and residential codes, and sent its recommendation to SECO. Their recommendation? Adopt the 2015 IECC as the state minimum code.
SECO is a division of the Comptroller of Public Accounts. With current Commissioner Susan Combs leaving office, it will be up to former State Senator Glenn Hegar to suggest any future rulemaking to increase the statewide standard to the 2015 codes.
The Sierra Club has been one of the leading advocates of adopting the most efficient building energy code in San Antonio as well as statewide, participating in recent stakeholder meetings both with ESL and SECO in Dallas as well as a public meeting in San Antonio on the proposed new code. Let’s go into a little more detail on each effort.
ESL takes action – Now It’s Up to Mr. Hegar
The ESL is required under state statute to analyze any new energy codes adopted by the International Code Council and assess whether they would improve energy savings and air quality (since more efficient buildings would mean power plants would run less) and should therefore be adopted. Because the 2015 codes were published at the end of May, ESL had until November 30 to release its technical analysis, assess any public comments, and make a recommendation.
On November 25, ESL formally made its recommendation. Under the Letter of Recommendation, ESL stated that SECO should adopt the new codes for all new construction, residential and commercial. The letter of recommendation was accompanied by extensive technical analysis supporting its recommendations.
A Huge Thanks to Sierra Club Supporters!
The ESL reported it received 2,314 comments on whether to adopt the new codes. Most of them, as it turned out, were in response to a Sierra Club action alert to its members – about 1,750 in all – all of whom were supportive of raising the minimum code.
While there were 17 comments opposing doing anything new, they were all driven by two associations – the Texas Association of Builders (including its 11 regional offices) and the Coalition for Fair Energy Codes – which is comprised of five wood and forestry trade associations. The Homebuilders did suggest many amendments to the codes, which ESL did analyze. The principle argument of those advocating doing nothing was that Texas was still getting used to and implementing the 2009 codes, and that it would raise the cost of building homes.
The vast majority of commenters – including business groups like the Texas Chemical Council, Myers Verde Company, the Responsible Energy Code Alliance, Frontier Associates, and even Energy Future Holdings (owner of retail energy giant TXU and Luminant coal plants), and many individual architects and green builders – supported them. They correctly pointed out that even a small increase in building costs was more than offset by the reduced cost in gas, electric and water bills that will result as well as the economic and environmental benefits.
The numbers are clear in the ESL analysis. Both the commercial and residential 2015 IECC are significantly more efficient than the 2009 codes. Table 1 demonstrates the conclusion of the ESL analysis for residential homes. The commercial gains are greater between the 2009 IECC and 2015 IECC.
Table. 2015 IRC/IECC Performance Path Savings (from 2009 IECC)
Do the Right Thing, Mr. Hegar
It is up to Comptroller-elect Hegar on whether a rulemaking to adopt the 2015 codes moves forward. While there is nothing in Texas statutes that says the Comptroller must adopt new codes, there are good economic and environmental reasons for doing so.
- New codes would improve energy efficiency, water conservation, and gas conservation since newer more efficient buildings also reduce gas and water use.
- Because EPA has proposed a new ozone standard as well as a Clean Power Plan that will require reductions in carbon dioxide emissions, cleaner more efficient buildings could be part of an affordable compliance strategy to meet the new proposed rules.
- With ERCOT concerned about having enough energy to meet demand, reducing energy use (particularly at peak times) through better buildings will help the state meet its electric demand.
In past legislative sessions, Senator Hegar has been a champion on energy efficiency, and was the main author of SB 700 in the 83rd Legislature, which requires state agencies to come up with plans to reduce energy and water use. The Sierra Club will continue to work with our allies to move the process forward toward adoption of the 2015 IECC in Texas statewide.
San Antonio – A Much Clearer Road
San Antonio will likely become the first city in Texas to adopt the 2015 IECC, potentially as early as January 2015.
The decision is the direct result of advocacy by the Sierra Club Lone Star Chapter, and Alamo Group, as well as many allied businesses, architects, and other organizations. Back in 2013, Sierra Club pointed out that San Antonio had not updated its code since May 2010 when it became the first city to adopt the equivalent of the 2009 IECC, even before the state had made it the law. San Antonio was expected to update its energy codes every three years under an ordinance, but homebuilders and the city were reluctant to move without a clear direction from the state or their city council. Working with San Antonio City Council, Sierra Club and our allies helped get council to instruct the city to adopt a new code on or before April 2015.
Earlier this month, the full BFCAAB took up a staff proposal to adopt the 2015 codes with public input and discussion. The Lone Star Chapter and the Alamo Group generally supported the staff proposal, including many strengthening amendments.
Three Issues Remain
While we will be supporting the adoption of the staff proposal in January when it comes to City Council, three issues with the proposal remain.
- Sierra Club supported, but did not receive support from, the BFCAAB to adopt a mandatory “solar-ready provision” that would require all new single and multi-family units to have adequate roof space and equipment to easily add solar panels. The existing 2015 IECC has ready to adopt solar-ready provisions, but Board members were uncomfortable adding this requirement.
- Both the Alamo Group and the Lone Star Chapter raised concerns with a provision in the proposed codes that would exempt historic buildings from the code. The proposal would automatically exempt these buildings, rather than require a determination that meeting the 2015 codes would degrade the historic nature of a building, which the code suggests.
- The Board accepted a proposal from the homebuilding community to lower the alternate compliance path – known as HERS (Home Energy Rating System) – from a 52 rating in the approved 2015 IECC code to 59, a number homebuilders told the Board was more representative of actual on-the-ground experience of builders who were building 25-30% above the current code. Essentially, the lower the score the more energy efficient the home. While a 59 rating is a large improvement over an initial recommendation from the local homebuilders of 70, it would still weaken the code itself for those builders choosing that particular compliance path.
Stay tuned for more as Sierra Club works with our members and allies to make Texas the leading state for energy efficient new construction. Energy efficiency is the cheapest, cleanest and quickest way to move toward a clean energy future!