Bill Summary – FastDemocracy

ENGROSSED SUBSTITUTE HOUSE BILL 1770
     State of Washington         67th Legislature     2022 Regular Session
     By House Local Government (originally sponsored by Representatives
     Duerr, Ramel, Berry, Dolan, Fitzgibbon, Ryu, Wylie, Berg, Davis,
     Goodman, Macri, Peterson, Slatter, Valdez, Pollet, Hackney, Kloba,
     and Frame; by request of Office of the Governor)
     READ FIRST TIME 01/24/22.
      AN ACT Relating to strengthening energy codes; amending RCW
  19.27A.160, 19.27A.015, and 19.27A.020; adding a new section to
  chapter 19.27A RCW; and creating a new section.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION. Sec. 1. In order to meet the statewide greenhouse
 gas emissions limits in RCW 70A.45.020, the state must require
 construction of increasingly low-emission energy efficient homes and
 buildings and achieve construction of zero fossil-fuel greenhouse gas
 emission homes and buildings by 2030. Top categories of clean energy
 jobs in the buildings sector include: High-efficiency heating,
 ventilation, and air conditioning; energy efficiency technologies;
 and renewable heating and cooling. As the fastest growing clean
 energy industries in our state, work in these areas also supports job
 creation in other construction trades, which is a critical component
 of a clean energy economic recovery strategy.
     Sec. 2.   RCW 19.27A.160 and 2009 c 423 s 5 are each amended to
 read as follows:
     (1) Except as provided in subsection (2) of this section,
 residential and nonresidential construction ((permitted under the
 2031 state energy code)) must achieve ((a seventy percent reduction
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 in annual net energy consumption, using the adopted 2006 Washington
 state energy code as a baseline)) the following:
     (a) A reduction of at least 70 percent in annual net energy
 consumption under the residential and nonresidential energy codes
 that are adopted by the council by December 1, 2031, using the
 adopted 2006 Washington state energy code as a baseline; and
     (b) New buildings must be net-zero ready, including a reduction
 of at least 80 percent in annual net energy consumption using the
 adopted 2006 Washington state energy code as a baseline and must
 include wiring for electrical raceways and designated space for solar
 equipment for photovoltaic panel installation under the residential
 and nonresidential state energy codes that are adopted by the council
 by December 1, 2034. The state building code council shall further
 define and include net-zero ready measures in the code adoption
 process, including exemptions for either construction sites or
 buildings, or both, that do not have adequate solar exposure to
 justify the installation of solar ready measures. The 80 percent
 reduction requirement does not apply to the increased load for
 electronic vehicle charging.
     (2) The council shall adopt state energy codes from 2013 through
 2031 that incrementally move towards achieving the seventy percent
 reduction in annual net energy consumption requirements as specified
 in subsection (1) of this section. The council shall report its
 progress by December 31, 2012, and every three years thereafter. If
 the council determines that economic, technological, or process
 factors would significantly impede adoption of or compliance with
 this subsection, the council may defer the implementation of the
 proposed energy code update and shall report its findings to the
 legislature by December 31st of the year prior to the year in which
 those codes would otherwise be enacted.
     Sec. 3. RCW 19.27A.015 and 1990 c 2 s 2 are each amended to read
 as follows:
     ((Except as provided in RCW 19.27A.020(7), the Washington state
 energy code for residential buildings shall be the maximum and
 minimum energy code for residential buildings in each city, town, and
 county and shall be enforced by each city, town, and county no later
 than July 1, 1991.)) (1) Each city, town, and county must enforce the
 Washington state energy code for residential buildings or adopt the
 statewide residential reach code established pursuant to RCW
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 19.27A.020(6). Any local residential energy code other than the
 Washington state energy code for residential buildings and the
 statewide residential reach code is preempted. The reach code may not
 require more annual renewable production than a residential building
 is predicted to use.
     (2) The Washington state energy code for nonresidential buildings
 shall be the minimum energy code for nonresidential buildings
 enforced by each city, town, and county.
     Sec. 4.   RCW 19.27A.020 and 2018 c 207 s 7 are each amended to
 read as follows:
     (1) The state building code council in the department of
 enterprise services shall adopt rules to be known as the Washington
 state energy code as part of the state building code.
     (2) The council shall follow the legislature's standards set
 forth in this section to adopt rules to be known as the Washington
 state energy code. The Washington state energy code shall be designed
 to:
     (a) Construct increasingly energy efficient homes and buildings
 that help achieve the broader goal of building zero fossil-fuel
 greenhouse gas emission homes and buildings by the year 2031; and
     (b) Require new buildings to meet a certain level of energy
 efficiency, but allow flexibility in building design, construction,
 and heating equipment efficiencies within that framework((; and
     (c) Allow space heating equipment efficiency to offset or
 substitute for building envelope thermal performance)).
     (3) The Washington state energy code shall take into account
 regional climatic conditions. One climate zone includes: Adams,
 Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield,
 Grant,   Kittitas,  Klickitat,   Lincoln,   Okanogan,   Pend  Oreille,
 Skamania, Spokane, Stevens, Walla Walla, Whitman, and Yakima
 counties. The other climate zone includes all other counties not
 listed in this subsection (3). The assignment of a county to a
 climate zone may not be changed by adoption of a model code or rule.
 Nothing in this section prohibits the council from adopting the same
 rules or standards for each climate zone.
     (4) The Washington state energy code for residential buildings
 shall be the 2006 edition of the Washington state energy code, or as
 amended by rule by the council.
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     (5) The minimum state energy code for new nonresidential
 buildings shall be the Washington state energy code, 2006 edition, or
 as amended by the council by rule.
     (6)(((a) Except as provided in (b) of this subsection, the
 Washington state energy code for residential structures shall preempt
 the residential energy code of each city, town, and county in the
 state of Washington.
     (b) The state energy code for residential structures does not
 preempt a city, town, or county's energy code for residential
 structures which exceeds the requirements of the state energy code
 and which was adopted by the city, town, or county prior to March 1,
 1990. Such cities, towns, or counties may not subsequently amend
 their energy code for residential structures to exceed the
 requirements adopted prior to March 1, 1990)) The state building code
 council must adopt by rule a statewide residential reach code for
 optional adoption and enforcement by any city, town, or county. The
 statewide residential reach code must achieve the 70 percent
 reduction in energy consumption and greenhouse gas emissions required
 in the 2030 energy code for residential buildings under RCW
 19.27A.160 in incremental steps by the 2027 energy code. The
 department of commerce shall develop a proposal covering the
 technical provisions of the reach code and the rule-making documents
 required by RCW 34.05.328. The state building code council must adopt
 the statewide residential reach code as an appendix to the 2021
 residential energy code to be effective by July 1, 2024.
     (7) The state building code council shall consult with the
 department of enterprise services as provided in RCW 34.05.310 prior
 to publication of proposed rules. The director of the department of
 enterprise services shall recommend to the state building code
 council any changes necessary to conform the proposed rules to the
 requirements of this section.
     (8) ((The state building code council shall evaluate and consider
 adoption of the international energy conservation code in Washington
 state in place of the existing state energy code.
     (9))) The definitions in RCW 19.27A.140 apply throughout this
 section.
     NEW SECTION. Sec. 5.   A new section is added to chapter 19.27A
 RCW to read as follows:
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     (1) Any changes to the Washington state energy code for
 residential buildings shall require a home affordability cost
 analysis provided by the state building code council to determine
 whether the changes increase or decrease the cost of accessing
 housing.
     (2) The state building code council may contract with a public or
 private organization to conduct the home affordability cost analysis
 required in subsection (1) of this section.
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Statutes affected: 
Original Bill: 19.27A.160, 19.27A.015, 19.27A.020
Substitute Bill: 19.27A.160, 19.27A.015, 19.27A.020
Engrossed Substitute: 19.27A.160, 19.27A.015, 19.27A.020