Bill Text: AZ HB2404 | 2013 | Fifty-first Legislature 1st Regular | Engrossed
Bill Title: Building codes; energy efficiency
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-05-02 - House minority caucus: Do pass [HB2404 Detail]
Download: Arizona-2013-HB2404-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HOUSE BILL 2404 |
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AN ACT
amending title 9, chapter 7, article 1, Arizona Revised Statutes, by adding section 9‑808; amending title 11, chapter 6, article 5, Arizona Revised Statutes, by adding section 11‑867; relating to energy efficiency.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 9-808, to read:
9-808. Affordable housing and residential energy conservation or efficiency; state preemption; conformation; definitions
A. Affordable housing and the regulation of residential energy consumption and energy efficiency is of statewide concern. Affordable housing and the regulation of residential energy consumption and energy efficiency pursuant to this section is not subject to further regulation by a county, city, town or other political subdivision of this state.
B. A residential building that achieves a home energy rating system index score of seventy-three or lower in Arizona climate zones two and three, seventy-six or lower in Arizona climate zone four or eighty or lower in Arizona climate zone five that is confirmed in writing by a home energy rating provider shall be deemed to comply with any, or part of any, building energy code, ordinance, stipulation or other legal requirement relating to energy conservation or energy efficiency adopted or enforced by a city or town. The written confirmation of the home energy rating system index score shall be provided to the city or town in which the residential building is located. A home builder may voluntarily design and construct a residential building that achieves a home energy rating system index score lower than the scores prescribed in this section. This subsection does not apply to the 2015 and subsequent editions of a building energy code.
C. The 2015 or subsequent editions of a building energy code adopted or enforced by a city or town shall include or be amended to include a performance-based path to compliance for residential buildings using a home energy rating system index score with no limitations, restrictions or mandates as to how the necessary score is achieved. The home energy rating system index score set by the city or town that a residential building must achieve to be deemed in compliance with the adopted or enforced building energy code shall not require the residential building to be more energy efficient or conserve more energy than a residential building built in compliance with the prescriptive requirements of the adopted or enforced building energy code.
D. Nothing in this section shall preclude, change or impair the authority of a city or town to adopt and enforce building energy codes governing buildings not covered by this section. Nothing in this section shall require a city or town to adopt any, or part of any, building energy code, ordinance, stipulation or other legal requirement relating to energy conservation or energy efficiency.
E. For the purposes of this section:
1. "Arizona climate zone five" includes cities and towns located in apache county, Coconino county and Navajo county.
2. "Arizona climate zone four" includes cities and towns located in Gila county and Yavapai county.
3. "Arizona climate zone three" includes cities and towns located in graham county, Greenlee county and Santa Cruz county.
4. "Arizona climate zone two" includes cities and towns located in Cochise county, La Paz county, Maricopa county, Mohave county, pima county, Pinal county and Yuma county.
5. "Building energy code" means construction codes, including the international energy conservation code and the energy conservation chapter of the international residential code, however denominated.
6. "Home energy rating provider" means an organization that is accredited by the residential energy services network and that develops, manages and operates a home energy rating program according to the procedures, rules and guidelines specified by the residential energy services network.
7. "Home energy rating system index" means a numerical integer value that represents the relative energy use of a rated home as compared with the energy use of the home energy rating system reference home and where an index value of one hundred represents the energy use of the home energy rating system reference home and an index value of zero represents a home that uses zero net purchased energy.
8. "Residential building" means any detached one-family and two-family dwellings and multiple single-family dwellings, including multifamily buildings that are three stories or less in height above grade plane.
Sec. 2. Title 11, chapter 6, article 5, Arizona Revised Statutes, is amended by adding section 11-867, to read:
11-867. Affordable housing and residential energy conservation or efficiency; state preemption; conformation; definitions
A. Affordable housing and the regulation of residential energy consumption and energy efficiency is of statewide concern. Affordable housing and the regulation of residential energy consumption and energy efficiency pursuant to this section is not subject to further regulation by a county, city, town or other political subdivision of this state.
B. A residential building that achieves a home energy rating system index score of seventy-three or lower in Arizona climate zones two and three, seventy-six or lower in Arizona climate zone four or eighty or lower in Arizona climate zone five that is confirmed in writing by a home energy rating provider shall be deemed to comply with any, or part of any, building energy code, ordinance, stipulation or other legal requirement relating to energy conservation or energy efficiency adopted or enforced by a county. The written confirmation of the home energy rating system index score shall be provided to the county in which the residential building is located. A home builder may voluntarily design and construct a residential building that achieves a home energy rating system index score lower than the scores prescribed in this section. This subsection does not apply to the 2015 and subsequent editions of a building energy code.
C. The 2015 or subsequent editions of a building energy code adopted or enforced by a county shall include or be amended to include a performance-based path to compliance for residential buildings using a home energy rating system index score with no limitations, restrictions or mandates as to how the necessary score is achieved. The home energy rating system index score set by the county that a residential building must achieve to be deemed in compliance with the adopted or enforced building energy code shall not require the residential building to be more energy efficient or conserve more energy than a residential building built in compliance with the prescriptive requirements of the adopted or enforced building energy code.
D. Nothing in this section shall preclude, change or impair the authority of a county to adopt and enforce building energy codes governing buildings not covered by this section. Nothing in this section shall require a county to adopt any, or part of any, building energy code, ordinance, stipulation or other legal requirement relating to energy conservation or energy efficiency.
E. For the purposes of this section:
1. "Arizona climate zone five" includes apache county, Coconino county and Navajo county.
2. "Arizona climate zone four" includes Gila county and Yavapai county.
3. "Arizona climate zone three" includes graham county, Greenlee county and Santa Cruz county.
4. "Arizona climate zone two" includes Cochise county, La Paz county, Maricopa county, Mohave county, Pima county, Pinal county and Yuma county.
5. "Building energy code" means construction codes, including the international energy conservation code and the energy conservation chapter of the international residential code, however denominated.
6. "Home energy rating provider" means an organization that is accredited by the residential energy services network and that develops, manages and operates a home energy rating program according to the procedures, rules and guidelines specified by the residential energy services network.
7. "Home energy rating system index" means a numerical integer value that represents the relative energy use of a rated home as compared with the energy use of the home energy rating system reference home and where an index value of one hundred represents the energy use of the home energy rating system reference home and an index value of zero represents a home that uses zero net purchased energy.
8. "Residential building" means any detached one-family and two-family dwellings and multiple single-family dwellings, including multifamily buildings that are three stories or less in height above grade plane.
