H-0374.1

HOUSE BILL 1193

ByRepresentatives Dye, Goehner, and Corry

AN ACT Relating to affirming that the legislature has not provided authority for the state building code council to use greenhouse gas emissions as a consideration in residential building codes or energy codes; amending RCW 19.27.020, 19.27A.020, and 19.27A.160; reenacting and amending RCW 70A.45.020; adding a new section to chapter 19.27A RCW; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 2. RCW 19.27.020 and 1985 c 360 s 6 are each amended to read as follows:

(1) The purpose of this chapter is to promote the health, safety, and welfare of the occupants or users of buildings and structures and the general public by the provision of building codes throughout the state.

(2) Accordingly, this chapter is designed to effectuate the following purposes, objectives, and standards:

(((1)))(a) To require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire, and life safety.

(((2)))(b) To require standards and requirements in terms of performance and nationally accepted standards.

(((3)))(c) To permit the use of modern technical methods, devices, and improvements.

(((4)))(d) To eliminate restrictive, obsolete, conflicting, duplicating, and unnecessary regulations and requirements which could unnecessarily increase construction costs or ((retard))impede the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction.

(((5)))(e) To provide for standards and specifications for making buildings and facilities accessible to and usable by ((physically disabled persons))individuals with physical disabilities.

(((6)))(f) To consolidate within each authorized enforcement jurisdiction((,)) the administration and enforcement of building codes.

Sec. 3. 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;

(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.

(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.

Sec. 4. 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))70 percent reduction in annual net energy consumption, using the adopted 2006 Washington state energy code as a baseline. This requirement does not authorize the council to consider greenhouse gas emissions in any decisions in accordance with RCW 19.27.020(2).

(2) The council shall adopt state energy codes from 2013 through 2031 that incrementally move towards achieving the ((seventy))70 percent reduction in annual net energy consumption 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. 5. RCW 70A.45.020 and 2020 c 79 s 2, 2020 c 32 s 4, and 2020 c 20 s 1398 are each reenacted and amended to read as follows:

(1)(a) The state shall limit anthropogenic emissions of greenhouse gases to achieve the following emission reductions for Washington state:

(i) By 2020, reduce overall emissions of greenhouse gases in the state to 1990 levels, or ((ninety million five hundred thousand))90,500,000 metric tons;

(ii) By 2030, reduce overall emissions of greenhouse gases in the state to ((fifty million))50,000,000 metric tons, or ((forty-five))45 percent below 1990 levels;

(iii) By 2040, reduce overall emissions of greenhouse gases in the state to ((twenty-seven million))27,000,000 metric tons, or ((seventy))70 percent below 1990 levels;

(iv) By 2050, reduce overall emissions of greenhouse gases in the state to ((five million))5,000,000 metric tons, or ((ninety-five))95 percent below 1990 levels.

(b) By December 1, 2008, the department shall submit a greenhouse gas reduction plan for review and approval to the legislature, describing those actions necessary to achieve the emission reductions in (a) of this subsection by using existing statutory authority and any additional authority granted by the legislature. Actions taken using existing statutory authority may proceed prior to approval of the greenhouse gas reduction plan.

(c) In addition to the emissions limits specified in (a) of this subsection, the state shall also achieve net zero greenhouse gas emissions by 2050. Except where explicitly stated otherwise, nothing in chapter 14, Laws of 2008 limits any state agency authorities as they existed prior to June 12, 2008.

(d) Consistent with this directive, the department shall take the following actions:

(i) Develop and implement a system for monitoring and reporting emissions of greenhouse gases as required under RCW 70A.15.2200; and

(ii) Track progress toward meeting the emission reductions established in this subsection, including the results from policies currently in effect that have been previously adopted by the state and policies adopted in the future, and report on that progress. Progress reporting should include statewide emissions as well as emissions from key sectors of the economy including, but not limited to, electricity, transportation, buildings, manufacturing, and agriculture.

(e) Nothing in this section creates any new or additional regulatory authority for any state agency as they existed prior to January 1, 2019. Nothing in this section creates authority for the state building code council to rely upon or consider the limits established in (a) of this subsection for purposes of actions taken under chapter 19.27 RCW or 19.27A RCW.

(2) By December 31st of each even-numbered year beginning in 2010, the department and the department of commerce shall report to the governor and the appropriate committees of the senate and house of representatives the total emissions of greenhouse gases for the preceding two years, and totals in each major source sector, including emissions associated with leaked gas identified by the utilities and transportation commission under RCW 81.88.160. The report must include greenhouse gas emissions from wildfires, developed in consultation with the department of natural resources. The department shall ensure the reporting rules adopted under RCW 70A.15.2200 allow it to develop a comprehensive inventory of emissions of greenhouse gases from all significant sectors of the Washington economy.

(3) Except for purposes of reporting, emissions of carbon dioxide from industrial combustion of biomass in the form of fuel wood, wood waste, wood by-products, and wood residuals shall not be considered a greenhouse gas as long as the region's silvicultural sequestration capacity is maintained or increased.

NEW SECTION.  Sec. 6. A new section is added to chapter 19.27A RCW to read as follows:

The state building code council may not adopt any rules to implement the 2021 Washington state codes that limit the use of natural gas in buildings or that favor the use of electric appliances over natural gas appliances in buildings. The state building code council may only proceed with adopting rules that are consistent with RCW 19.27.020 (3) and (4).

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