1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3819 By: Sims
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6 AS INTRODUCED
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7 An Act relating to professions and occupations;
7 amending 59 O.S. 2021, Sections 1000.22, 1000.23, and
8 1000.24, as amended by Section 1, Chapter 56, O.S.L.
8 2023 (59 O.S. Supp. 2023, Section 1000.24), which
9 relate to the Oklahoma Uniform Building Code
9 Commission Act; creating definitions; adding vice-
10 chair duties; modifying Commission powers and duties;
10 requiring a workforce development process; creating
11 energy payback requirements.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 1000.20a of Title 59, unless
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17 there is created a duplication in numbering, reads as follows:
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18 The words "payback period", when used in this act, shall mean
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19 the amount of time a system, design, or project takes to generate
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20 the amount of energy used to produce the said system, design, or
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21 project.
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22 SECTION 2. AMENDATORY 59 O.S. 2021, Section 1000.22, is
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23 amended to read as follows:
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 1 Section 1000.22 1. The Oklahoma Uniform Building Code
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2 Commission shall organize immediately after July 1, 2009, and
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3 annually thereafter, by electing from among its members a chair and
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4 a vice-chair. The Commission shall hold regularly scheduled
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5 meetings at least once each quarter at a time and place determined
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6 by the Commission and may hold such special meetings, emergency
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7 meetings or continued or reconvened meetings as found by the
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8 Commission to be necessary. A majority of the members of the
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9 Commission shall constitute a quorum for the transaction of
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10 business.
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11 2. The chair shall preside at meetings of the Commission, set
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12 the agenda, including any agenda items provided by the vice-chair,
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13 sign orders and other required documents, coordinate Commission
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14 activities and perform such other duties as may be prescribed by the
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15 Commission.
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16 3. The vice-chair shall perform the duties of the chair during
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17 the absence or disability of the chair, may set items on the agenda,
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18 and shall perform such other duties as may be prescribed by the
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19 Commission.
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20 4. The Oklahoma Uniform Building Code Commission Chief
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21 Executive Officer, at the discretion of the Commission, shall:
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22 a. keep a record of all proceedings of the Commission and
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23 certify to actions of the Commission,
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 1 b. oversee the receipt and deposit of all monies received
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2 by the Commission in the appropriate revolving funds,
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3 c. submit, at the first regular meeting of the Commission
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4 after the end of each fiscal year, a fully itemized
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5 report of the receipts and disbursements for the prior
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6 fiscal year, showing the amount of funds on hand, and
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7 d. perform such other duties as are prescribed in this
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8 act or as may be prescribed by the Commission.
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9 5. The Commission shall comply with the provisions of the
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10 Oklahoma Open Meeting Act, the Oklahoma Open Records Act and the
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11 Administrative Procedures Act.
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12 6. All members of the Commission and such employees as
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13 determined by the Commission shall be bonded as required by Sections
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14 85.26 85.58Q through 85.31 85.58V of Title 74 of the Oklahoma
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15 Statutes.
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16 7. The liability of any member or employee of the Commission
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17 acting within the scope of Commission duties or employment shall be
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18 governed by The Governmental Tort Claims Act.
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19 8. Members of the Oklahoma Uniform Building Code Commission and
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20 members of all technical committees shall serve without
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21 compensation, but shall be reimbursed for all actual and necessary
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22 expenses incurred in the performance of their duties in accordance
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23 with the State Travel Reimbursement Act.
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 1 SECTION 3. AMENDATORY 59 O.S. 2021, Section 1000.23, is
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2 amended to read as follows:
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3 Section 1000.23 A. The Oklahoma Uniform Building Code
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4 Commission shall have the power and the duty to review and adopt all
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5 building codes for residential and commercial construction to be
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6 used by all entities within this state. Codes and standards adopted
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7 by the Commission shall be the minimum standards for residential and
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8 commercial construction in this state.
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9 B. All public projects shall abide by such minimum standards
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10 and requirements; provided, nothing in the Oklahoma Uniform Building
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11 Code Commission Act shall prevent or take away from state agencies
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12 the authority to enact and enforce requirements containing higher
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13 standards and requirements than such minimum standards and
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14 requirements.
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15 C. Municipalities and other political subdivisions shall abide
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16 by such minimum standards and requirements; provided, nothing in the
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17 Oklahoma Uniform Building Code Commission Act shall prevent or take
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18 away from such municipalities and other political subdivisions the
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19 authority to enact and enforce requirements containing higher
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20 standards and requirements than such minimum standards and
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21 requirements.
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22 D. The Oklahoma Uniform Building Code Commission shall have the
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23 power and duty to establish a continuing education training and
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24 certification process for all residential and commercial
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 1 construction industry personnel affected by the codes adopted by the
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2 Commission, building code inspectors code officials, design
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3 professionals, and building trades workers. The Commission shall
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4 establish regional training for the purpose of training the county
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5 and municipal inspectors in the Uniform Building Code this training
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6 regionally. The regional training shall be offered at no cost to
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7 the participant and shall be funded from the funds received pursuant
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8 to Section 1000.25 of this title. Each inspector operating in this
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9 state on behalf of any state agency or any municipal or county
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10 office may complete regional training and be issued a certification
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11 for inspections by the Uniform Building Code Commission on and after
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12 January 1, 2015. The training and certification applications,
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13 qualifications and procedures shall be promulgated by rules of the
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14 Commission. The Commission may establish forms and procedures to
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15 implement and administer the provisions of this section A fee,
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16 limited to any cost directly associated with the class, may be
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17 assessed to all participants other than state licensed code
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18 officials.
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19 E. The Commission shall establish a workforce development
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20 process with the purpose of increasing the number of available code
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21 officials in Oklahoma. Individuals may complete regional training
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22 and be issued a certification for inspections by the Uniform
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23 Building Code Commission. The training and certification
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24 applications, qualifications and procedures shall be promulgated by
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 1 rules of the Commission. The Commission may establish forms and
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2 procedures to implement and administer the provisions of this
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3 section.
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4 SECTION 4. AMENDATORY 59 O.S. 2021, Section 1000.24, as
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5 amended by Section 1, Chapter 56, O.S.L. 2023 (59 O.S. Supp. 2023,
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6 Section 1000.24), is amended to read as follows:
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7 Section 1000.24 A. 1. Beginning July 1, 2009, pursuant to and
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8 in compliance with Article I of the Administrative Procedures Act,
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9 the Oklahoma Uniform Building Code Commission shall have the power
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10 to adopt, amend, repeal and promulgate rules as may be necessary to
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11 perform the duties required under the Oklahoma Uniform Building Code
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12 Commission Act. Rules authorized under this section shall not
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13 become effective prior to October 1, 2009.
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14 2. Beginning October 1, 2009, the Commission shall have the
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15 power to enforce the provisions of the Oklahoma Uniform Building
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16 Code Commission Act.
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17 3. Any codes adopted by state agencies, municipalities or other
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18 political subdivisions of the state prior to uniform codes being
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19 adopted by the Oklahoma Uniform Building Code Commission, pursuant
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20 to the provisions of, or rules promulgated pursuant to, the Oklahoma
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21 Uniform Building Code Commission Act, shall be considered valid and
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22 in effect until uniform codes are adopted by the Oklahoma Uniform
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23 Building Code Commission.
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 1 B. The Oklahoma Uniform Building Code Commission shall have the
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2 following powers:
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3 1. Exercise all incidental powers and duties which are
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4 necessary to effectuate the provisions of the Oklahoma Uniform
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5 Building Code Commission Act;
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6 2. Adopt and have an official seal;
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7 3. Maintain an administrative staff, including, but not limited
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8 to, an Oklahoma Uniform Building Code Commission Chief Executive
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9 Officer;
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10 4. Direct such other expenditures as may be necessary in the
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11 performance of its duties, including, but not limited to,
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12 expenditures for office space, equipment, furnishings and contracts
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13 for services. All expenditures shall be made pursuant to the
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14 Oklahoma Central Purchasing Act;
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15 5. Appoint technical committees to review and recommend for
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16 adoption all building codes. The technical committees shall review
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17 and recommend building codes with any amendments for adoption by the
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18 Commission; and
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19 6. Create a website listing all building codes adopted by the
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20 Commission. The website shall provide a method for listing all
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21 codes adopted by a state agency, city or any other political
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22 subdivision of the state containing higher standards and
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23 requirements than the codes adopted pursuant to the Oklahoma Uniform
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 1 Building Code Commission Act as required in Section 14-107 of Title
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2 11 of the Oklahoma Statutes.
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3 C. After October 1, 2009, the Commission shall account for all
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4 receipts and expenditures of the monies of the Commission, including
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5 annually preparing and publishing a statement of receipts and
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6 expenditures of the Commission for each fiscal year. The
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7 Commission's annual statement of receipts and expenditures shall be
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8 audited by the State Auditor and Inspector or an independent
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9 accounting firm, and the audit report shall be certified to the
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10 Governor of this state to be true and correct, under oath, by the
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11 chair and vice-chair of the Commission.
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12 D. Any amendments or modifications to the currently adopted
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13 state codes shall be forwarded to the Oklahoma Uniform Building Code
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14 Commission for consideration.
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15 E. 1. The Commission shall promulgate rules requiring all
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16 proposed energy building codes or amendments to include:
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17 a. A payback period analysis, or
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18 b. A statement explaining why a payback period is not
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19 applicable to the proposed energy code or amendment.
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20 2. The Commission shall not adopt any proposed energy code or
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21 amendment that does not have a payback period of seven (7) years or
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 1 less unless a payback period does not apply to the proposed code
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2 or amendment.
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4 59-2-8938 SW 01/10/24
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Statutes affected:
Introduced: 59-1000.24
House Committee Substitute: 59-1000.24
Floor (House): 59-1000.24
Floor (Senate): 59-1000.24
Engrossed: 59-1000.24