Bill Text: OR HB2005 | 2013 | Regular Session | Enrolled


Bill Title: Relating to energy efficiency; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-06-04 - Chapter 255, (2013 Laws): Effective date June 4, 2013. [HB2005 Detail]

Download: Oregon-2013-HB2005-Enrolled.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2005

Sponsored by Representative KOTEK

                     CHAPTER ................

                             AN ACT

Relating to energy efficiency; creating new provisions; amending
  ORS 455.140, 455.492 and 455.496; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Section 2 of this 2013 Act and ORS 455.140,
455.492 and 455.496 are added to and made a part of ORS chapter
455. + }
  SECTION 2.  { + The Legislative Assembly finds and declares
that:
  (1) It is in the best interest of the State of Oregon to
encourage energy efficiency and cost savings through effective
mechanical insulation standards; and
  (2) To fulfill the best interest described in subsection (1) of
this section it is beneficial for building owners, operators,
contractors, installers, inspectors and regulators to collaborate
and identify ways to ensure that mechanical systems operate as
efficiently as possible, giving particular attention to
maximizing the energy savings of publicly financed buildings. + }
  SECTION 3. ORS 455.492 is amended to read:
  455.492. (1) There is established a Construction Industry
Energy Board, consisting of   { - seven - }  { +  11 + } members.
The membership shall consist of the following:
  (a) Two members selected by the Electrical and Elevator Board
from the members of the Electrical and Elevator Board who have
practical experience in the electric industry.
  (b) Two members selected by the Residential and Manufactured
Structures Board from the members of the Residential and
Manufactured Structures Board who have practical experience in
the residential structure industry or manufactured structure
industry.
  (c) Two members selected by the Building Codes Structures Board
from the members of the Building Codes Structures Board who have
practical experience in construction.
   { +  (d) Two members selected by the State Plumbing Board from
the members of the State Plumbing Board who have practical
experience in construction.
  (e) Two members selected by the Mechanical Board from the
members of the Mechanical Board who have practical experience in
construction. + }
    { - (d) - }  { +  (f) + } One member who is an employee or
officer of the State Department of Energy appointed by the
Director of the State Department of Energy.

Enrolled House Bill 2005 (HB 2005-B)                       Page 1

  (2) The Construction Industry Energy Board shall select one of
its members as chairperson and another as vice chairperson, for
such terms and with duties and powers necessary for the
performance of the functions of those positions as the board
determines.
  (3) Except as provided in ORS 455.496 (2), a majority of the
members of the board constitutes a quorum for the transaction of
business.
  (4) A member of the board is not entitled to compensation, but
at the discretion of the director may be reimbursed from funds
available to the Department of Consumer and Business Services for
actual and necessary travel and other expenses incurred by the
member in the performance of the member's official duties in the
manner and amount provided in ORS 292.495.
  SECTION 4. ORS 455.496 is amended to read:
  455.496. (1) The Construction Industry Energy Board may
evaluate and approve or disapprove proposed state building code
standards relating to the energy use and energy efficiency
aspects of the electrical, structural, prefabricated structure
and low-rise residential specialty codes. The proposed standards
evaluated by the board may include, but need not be limited to,
standards regarding energy-conserving technology, construction
methods, products and materials. The board shall forward any
proposed standards recommended by the board to the Director of
the Department of Consumer and Business Services for adoption or
rejection by the director.
  (2) Approval by   { - five - }  { +  seven + } or more board
members is required in order to recommend adoption of an energy
construction standard to the director. If the standard relates to
a specialty code that is administered by an advisory board
described in ORS 455.492 (1)(a) to   { - (c) - }  { +  (e) + },
the Construction Industry Energy Board may not recommend the
standard to the director unless all of the Construction Industry
Energy Board members who are members of the advisory board that
administers that specialty code approve of recommending the
standard.
  (3) Notwithstanding any provision of  { + this chapter or + }
ORS chapter 446   { - or 455 - }  or ORS 479.510 to 479.945 or
479.950,  { + or any provision of ORS chapter 447 regulating
fixture installations or regulating plumbing products,  + }the
director may adopt or reject a proposed standard recommended by
the Construction Industry Energy Board without further
consultation of an advisory board. No later than 30 days after
the director receives the proposed standard, the director shall
initiate a process for considering the approval or rejection of
the recommended proposed standard. If the director approves the
standard, the director shall file the standard with the Secretary
of State under ORS 183.335 as a rule amending the state building
code.
  (4) The Construction Industry Energy Board shall identify and
give notice to the director of the specialty codes that are
affected by a recommended proposed standard. If the director
adopts the standard as a rule, the rule shall be enforceable as a
specialty code provision administered by the board and
enforceable by any appropriate advisory board as a provision of
the code administered by that advisory board.
  SECTION 5. ORS 455.140 is amended to read:
  455.140. (1) There is established a Mechanical Board consisting
of   { - nine - }  { +  10 + } members appointed by the Governor.

Enrolled House Bill 2005 (HB 2005-B)                       Page 2

  (2) The members of the board shall assist the Director of the
Department of Consumer and Business Services in administering the
code adopted pursuant to ORS 455.020 for mechanical devices and
equipment.
  (3) The board must consist of:
  (a) One representative of the plumbing industry;
  (b) One sheet metal and air conditioner contractor;
  (c) One municipal mechanical inspector possessing the highest
level of mechanical inspector certification issued by the
Department of Consumer and Business Services;
  (d) One heating, venting and air conditioning contractor;
  (e) One heating, venting and air conditioning installer;
  (f) One sheet metal and air conditioner installer;
  (g) One representative of a natural gas company or other
utility;
  (h) One building official;   { - and - }
   { +  (i) One insulation craftsperson who has experience with
heat and frost insulation; and + }
    { - (i) - }  { +  (j) + } One public member who does not
receive compensation from any interest represented under
paragraphs (a) to   { - (h) - }  { +  (i) + } of this subsection.
  (4) At least one of the board members described in subsection
(3)(b) or (d) of this section must be an owner or operator of a
contracting business employing 10 or fewer persons at the time of
the member's appointment to the term.
  SECTION 6.  { + Section 2 of this 2013 Act is repealed January
2, 2015. + }
  SECTION 7.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
                         ----------

Passed by House April 23, 2013

Repassed by House May 28, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate May 22, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2005 (HB 2005-B)                       Page 3

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2005 (HB 2005-B)                       Page 4
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