ENGROSSED SUBSTITUTE HOUSE BILL 1770

ByHouse 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)

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:

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 in annual net energy consumption, using the adopted 2006 Washington state energy code as a baseline))the following:

(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 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.

(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:

(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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