SB 456-FN – AS INTRODUCED
2010 SESSION
03/09
SENATE BILL 456-FN
AN ACT relative to energy conservation in new building construction.
SPONSORS: Sen. Merrill, Dist 21; Sen. Fuller Clark, Dist 24; Rep. Harding, Graf 11; Rep. Borden, Rock 18; Rep. R. Read, Rock 16; Rep. S. Harvey, Hills 21
COMMITTEE: Public and Municipal Affairs
This bill modifies and clarifies RSA 155-D, relative to energy conservation in new building construction.
This bill also amends references in the definition of the state building code.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2843
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to energy conservation in new building construction.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Energy Conservation in New Building Construction. RSA 155-D is repealed and reenacted to read as follows:
CHAPTER 155-D
ENERGY CONSERVATION IN NEW BUILDING CONSTRUCTION
155-D:1 Definitions. The definitions in RSA 155-A:1 shall apply to this chapter.
155-D:2 Administration and Enforcement.
I. The local enforcement agency appointed pursuant to RSA 674:51 shall have the authority to enforce the provisions of this chapter. The public utilities commission shall administer the New Hampshire adopted edition of the International Energy Conservation Code or any equivalent successor code, and this chapter.
II. It shall be the responsibility of the building code official or code official designated by the administrative authority of the city or town, to review plans and specifications to determine if all pertinent data and features of the structure and the equipment and systems conform with the energy efficiency provisions of the state building code.
III. Towns and cities may request technical assistance from the public utilities commission.
IV. In towns and cities without a building code official or code official designated by the administrative authority of the city or town, it shall be the responsibility of the general contractor or owner-builder of new building construction subject to the state building code to submit an application with information as required by rules to the public utilities commission for review and approval if such application demonstrates that the new building construction will conform to the energy efficiency standards of the New Hampshire building code, unless certification is submitted pursuant to paragraph VII. In such places the public utilities commission or designee, concurrently and in coordination with the state fire marshal pursuant to RSA 155-A:7, I, shall have the authority to conduct inspections and enforce the energy efficiency standards of the New Hampshire building code.
V. If the public utilities commission does not transmit notification of compliance or noncompliance of a submitted application to the applicant within 15 working days of receipt of a complete application, it shall be considered automatically approved.
VI. It shall be the responsibility of all architects and engineers, registered and practicing in the state of New Hampshire, to certify in writing that all buildings and structures required to comply with RSA 155-A:2, I, which they design, and all blueprints to which they affix their professional seal, meet or exceed the standards as printed and amended in the energy efficiency standards of the New Hampshire building code.
VII. A document certifying compliance with the provisions of the energy efficiency standards of the New Hampshire building code shall be submitted by the architect or engineer to the local building official in whose jurisdiction the building is to be erected or to the public utilities commission.
VIII. Any geographical distinctions established under section 301 of the International Energy Conservation Code or other equivalent sections of successor codes shall not apply in New Hampshire and the climate zone assigned to the state in such code containing the greatest number of heating degree days shall apply to all construction.
155-D:3 Acts Unlawful.
I. It shall be unlawful to erect, construct or alter or reconstruct any building or structure, unless specifically exempt by the energy efficiency standards of the New Hampshire building code, without first obtaining a certificate of compliance with the provisions of the energy efficiency standards of the New Hampshire building code from the local building official or code official designated by the administrative authority or from the public utilities commission.
II. The provisions of this section shall not apply to the erection, construction, alteration, or reconstruction of any building for which the plans or specifications have been certified as complying with this chapter by an architect or engineer pursuant to RSA 155-D:2, VI or for which the plans or specifications are deemed to have been approved by the public utilities commission pursuant to RSA 155-D:2, V.
155-D:4 Permit Not to Issue; Injunction; Penalties.
I. The building inspector or designated official shall not issue a building permit unless the provisions of this chapter have been complied with.
II. A building inspector or other designated official shall not issue either a temporary or permanent occupancy permit unless a signed certificate of compliance form for the energy efficiency standards of the New Hampshire building code has been submitted by the builder. The compliance form shall be an integral part of the occupancy permit. A copy of this occupancy permit/certificate of compliance form shall be filed with the building inspector.
III. Any city or town without a building inspector or designated official shall require builders or contractors to complete a certificate of compliance form for the energy efficiency standards of the New Hampshire building code, which shall be an integral part of the building application approved by the public utilities commission. This form shall be filed with the governing body of the city or town.
IV. Any building erected, constructed, altered, or reconstructed in violation of this chapter shall be deemed an unlawful structure, and the city or town may bring enforcement actions in accordance with RSA 155-A:7.
155-D:5 Training. It shall be the responsibility of the public utilities commission to develop and administer a training program for architects, engineers, and municipal building officials regarding all aspects of the energy efficiency standards of the New Hampshire building code. The training programs shall include classroom lectures and, if requested, technical assistance in the field.
155-D:6 Rulemaking. The public utilities commission shall adopt rules, under RSA 541-A, relative to the administration of New Hampshire adopted edition of the International Energy Conservation Code, or equivalent successor code, and this chapter.
2 Definitions; State Building Code. Amend RSA 155-A:1, IV to read as follows:
IV. “New Hampshire building code” or “state building code” means the adoption by reference of the International Building Code [2006] 2009, the International Plumbing Code [2006] 2009, the International Mechanical Code [2006] 2009, the International Energy Conservation Code [2006] 2009 or the most recently published successor edition of the International Energy Conservation Code, and the International Residential Code [2006] 2009, as published by the International Code Council, and the National Electric Code 2008. The provisions of any other national code or model code referred to within a code listed in this definition shall not be included in the state building code unless specifically included in the codes listed in this definition.
3 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2843
Revised 01/28/10
SB 456 FISCAL NOTE
AN ACT relative to energy conservation in new building construction.
FISCAL IMPACT:
The Public Utilities Commission states this bill may increase state restricted expenditures and revenue and may increase state, county and local expenditures in FY 2011 and each year thereafter. The Judicial Branch, the Judicial Council, and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2011 and each year thereafter. There will be no fiscal impact on county and local revenue.
METHODOLOGY:
The Public Utilities Commission states this bill modifies and clarifies RSA 155-D (relative to energy conservation in new building construction). RSA 155-D:2, IV allows a city or town to rely more heavily on the Commission to conduct inspections and enforcement activities. The Commission states it may incur some incremental cost to conduct inspections and enforce energy efficiency standards of the New Hampshire building code if a town or city, going forward, decided to rely on the Commission to conduct such inspections and enforcement activities. If the Commission does incur additional costs, as a self-funded agency these costs would be assessed to the utility companies regulated by the Commission and reflected in customer utility bills which includes the state, county and local governments. Any such increase in utility bills would be de minimus.
The Judicial Branch states it has determined this bill has the same enforcement provisions of current law which is an injunction action in the superior court. The Branch is not able to determine if this bill will increase or decrease enforcement actions so it is not able to estimate the fiscal impact. The Branch does have information on the cost to process such actions, which are treated as an average complex equity case, in the court. The cost of an average complex equity case is $506.50 in FY 2011 and each year thereafter. This bill also removes the penalty provisions that made violation of RSA 155-D an unspecified misdemeanor. The Branch states from January 1, 1999 through June 30, 2008 no cases for violations of RSA 155-D were brought to the district courts so there is no savings anticipated by removing the penalty provisions. However, the reference to RSA 155-A:7 may result in an unspecified misdemeanor. The Judicial Branch states unspecified misdemeanor charges can be either a class A or class B with the presumption they will be class B in accordance with RSA 625:9,IV. However, the Branch has no information to estimate how many new misdemeanors would be brought as a result of this bill or if they would be a class A or class B misdemeanors. The Branch states the cost of a class A misdemeanor case is $51.14 and the cost of a class B misdemeanor case is $36.89 in FY 2011 and each year thereafter.
The Judicial Council states to the extent an unspecified misdemeanor results in a misdemeanor offense where the right to counsel exists this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $35,342 a year.
The Department of Safety states this bill will have no fiscal impact.
The New Hampshire Municipal Association states this bill will have no fiscal impact on the municipalities.