Proposed Repeal of Idaho Energy Code-Advocacy Opportunity

Douglas and Sara, thanks for taking the time to submit comments.  GGLO has a Boise office and multiple projects in Idaho that are in various stages of design and construction.  We submitted this email and received a follow up to which we need to reply.  It is our understanding that the Idaho DOPL is very focused on the life-safety aspects of whether to maintain the energy code rather than the broader climate change discussion (which those of us in this forum know are all tied together).  If anyone else would like to submit comments, make sure to focus on benefits and hazards to life safety to the provisions that are proposed to be deleted.  No need to include my Building Green posts in your emails to Tim or Michael. Tim/Michael, GGLO recently learned that the Idaho Division of Occupational and Professional Licenses has undertaken the Zero-Based-Rulemaking process this year to eliminate all requirements that are not specifically life-safety related. In particular, International Energy Conservation Code (IECC) 2018 provisions regarding commissioning requirements, mechanical, water heating, and lighting efficiencies are proposed to be deleted as marked on page 7 of this draft. https://dopl.idaho.gov/wp-content/uploads/2022/07/243930_ZBR_mh-edits.pdf   GGLO’s Boise office designs sustainable commercial and multifamily residential buildings & public spaces in the region and the proposed deletion of energy code provisions could significantly impact the long term life-safety of those who live, work and play in our projects. You can find more information about our firm at Home - GGLO We have all witnessed tremendous growth in Idaho the last several years and with this growth comes increased demand on energy and water resources.  Maintaining an emphasis on energy conservation in the building codes is critical to providing an affordable supply of energy to businesses and residents in the state.  Increased power demand is likely to lead to higher utility costs which will impact business’ competitiveness and result in health & life safety impacts for lower income residents that have to choose between running their HVAC systems and paying for necessities such as food, medication, and transportation. We have heard the state’s utility is planning for scheduled brown-outs of the power grid this year to manage extreme wildfire conditions. Brown outs can directly impact businesses’ ability to function and workers and residents health and well-being during extreme temperatures and smoke events from wildfires. If the state removes these provisions from its code, it will be one of the only states to not have an energy code and will fall behind others from a competitive workforce standpoint that is creating jobs in evolving industries related to energy efficiency. Some states are even starting to limit fossil fuel combustion appliances and equipment within buildings due to health impacts documented in these studies.  Rethinking cooking with gas | Stanford News Document Display | NEPIS | US EPA GGLO is excited to have the opportunity to design Idaho’s future communities that positively impact people’s health and wellbeing while also minimizing the impact on resources. We welcome the structure that current energy codes provide and recommend they remain in place ‘as is’ or even be enhanced rather than repealed. Should you have any follow up questions, feel free to reach out to me. Sincerely, David C. Winans  AIA, NCARB, LEED AP BD+C & Homes
Principal
GGLO
SEATTLE / LOS ANGELES / BOISE
WWW.GGLO.COM   Hi David, Thank you for your comments. Please consider providing details on which proposed amendment(s) or deletion(s) of the energy code in our draft will significantly impact the long term life-safety of Idahoans, and the evidence to support keeping the requirement(s). Best regards, Tim Frost Division Deputy Administrator Tim.Frost@dopl.idaho.gov  208-577-2491 11341 W Chinden Blvd.
Building 4 Boise, ID 83714 dopl.idaho.gov

Sorry about the multiple posts on this topic, but for those considering submitting comments, this follow up email from the University of Idaho Integrated Design Lab provides helpful clarifications related to timeline and focus areas for comments.  From: Woods, Damon (dwoods@uidaho.edu) <dwoods@uidaho.edu>
Sent: Tuesday, August 9, 2022 12:37 PM
To: David C. Winans <DWinans@GGLO.com>
Subject: RE: Idaho Energy Code Repeal   David, Michael (from the Idaho Building, Construction & Real Estate Bureay) is putting together a packet for the codes board meeting on August 16^th. Technically comments can be submitted up until then, but if they are not submitted in the next few days, those comments are unlikely to be included with the packet that the board will receive and may have a lower impact. Again and again in the meeting today (related to the Idaho Energy Code), Michael did not see energy more broadly as a life safety issue and instead insisted only on a very narrow definition – i.e. if there’s not a specific example of a provision improving safety, it should be discarded. I fear that they will say that affordable access to energy is not specific enough and therefore there is no evidence that energy codes enhance life and safety.   There are two strategies to respond I think. One is to insist that energy codes provide Idahoans a baseline of affordable energy services (light, heat, cooling) and without this structure, the long-term costs and burdens will be moved onto consumers and onto the electric grid and leave Idahoans in more peril in an unexpected weather event.   The other strategy is to dive into particulars – for example on testing for envelope tightness or commissioning to ensure that occupants are protected from outdoor contaminates and that ventilation is working effectively in the building. The problem is that the energy code is vast and interconnected and to single out one or two provisions and discard the rest seems to miss the point of having the code in the first place.   Thank you so much for engaging on this process. The next step is that the code board will review the proposal next Tuesday and then will have two more hearings (one in September and one later in the fall) before passing the proposal on to the legislature.   Best wishes, Damon

All, below is an update from Damon Woods at the Univ of Idaho IDL regarding the outcome of the 8/16 Idaho building code board meeting regarding proposed deletion of most of the 2018 IECC provisions.   The board narrowly voted to move forward with recommending deletion of the provisions noted below, but there is another meeting on 9/13 to review additional public comments before finalizing this recommendation to the state legislature.  The DOPL staff responsible for administering the Energy Code are only interested in comments that provide specific life safety concerns for each individual code section below rather than broad statements.  Comments need to be submitted to the DOPL staff by 9/8 to be considered on 9/13.  It would really help to have MEP consultants and building owners doing work in Idaho submit comments.   From Damon Woods: On August 16^th, the building code board met with the staff who are tasked with paring down regulation through the zero-based rulemaking process. The board voted to allow the process to move forward. This next quarter will be our last best chance for making an impact. Staff have said that the feedback they've heard has been very broad and general. They want more specific reasons for why to keep each section. They are currently using the attached Prospective Analysis Guide for their process. I’m paraphrasing from some folks from ASHRAE, DOPL, and Idaho Power here: The guide asks the state agencies to compare their degree of regulation to the surrounding states, including South Dakota and Alaska (neither of which has a state energy code) and ask the question, “why should Idaho be more regulated / more restrictive than these states?” However, HB660 last year took away the jurisdictions/cities ability to adopt any energy code above a minimum state level. Most home rule states allow the cities to adopt their own which they’ve done…..that’s not allowed in Idaho.

• September 8th - presumed deadline for submitting comments to the Board and DOPL
• September 13th - DOPL Negotiated Rulemaking Meeting

  Here is a list of major sections that are currently on track for removal (my comments in blue): 2018 IECC: Commercial Provisions • C403.5 Economizers (Prescriptive) – requiring capability to use outdoor air for cooling when conditions merit • C404.5.1 Heated Water Pipe Maximum Lengths  – requiring insulation on hot pipes to minimize heating energy lost in transit • C403 Building Mechanical Systems  – a major section of code including efficiency and size requirements for equipment as well as controls to ensure efficient operation • C404 Service Water Heating (Mandatory) – sets minimum efficiencies for water heating equipment and controls • C405 Electrical Power & Lighting Systems  – another large section of code that encompasses things like lighting efficacies daylighting, and occupancy sensors to limit electrical loads • C406 Additional Efficiency Package Options  – asks that designers choose at least one area of code to go above and beyond minimum requirements • C407 Total Building Performance  – a means of meeting efficiency requirements when other portions of the building fall below the minimum (e.g. a building with a high window to wall ratio). • C408 Maintenance Information & System Commissioning  – requires the monitoring and reporting of building operations to ensure controls and systems are working properly. This builds on the previous sections.   • C502.2.3 Building Mechanical Systems – additions (C403) – the requirements here are the same as above, but apply to additions and alterations • C502.2.4 Service Water Heating – additions (C404) • C502.2.6 Lighting Power & Systems – additions (C405) • C503.4 Heating and Cooling Systems – alterations (C403) • C503.5 Service Hot Water Systems – alterations (C404) • C503.6 Lighting Systems  - alterations (C405)     2018 IECC: Residential Provisions    • R402.4.1.2 Air Leakage Testing (Mandatory) – This has to do with the blower door testing and ensuring homes are meeting a certain ACH. This has a large effect on heating, cooling, and comfort in the home. • R402.6 Log Home Insulation Requirements • R403.3.1 Duct Insulation  – affects how conditioned air is delivered to the space and limits heat or cooling energy lost in transit. • R403.3.6 Ducts buried within Ceiling Insulation • R403.3.7 Ducts located in Conditioned Space • R404.1 Lighting Equipment (Mandatory)   – requiring certain efficacy of lighting fixtures in homes • R403 Systems  – a major section of code including efficiency and size requirements for mechanical equipment as well as controls to ensure efficient operation • R404 Electrical Power & Lighting Systems  – requiring certain efficacy of lighting fixtures in homes • R405 Simulated Performance Alternative (Performance)  – a means of offering flexibility when other portions of the building fall below the minimum (often used with custom projects).     Here is some coverage on the meeting itself: https://boisedev.com/news/2022/08/16/idaho-building-code-board-taking-more-feedback-before-november-vote-on-removing-large-portion-of-energy-code/ Here is the current draft of the revisions to the code: https://dopl.idaho.gov/wp-content/uploads/2022/08/BLD_081622_243930_ZBR_mh-edits_YD.pdf Link to attached guide noted above  https://dfm.idaho.gov/wp-content/uploads/2022/01/Prospective-Analysis-Guide-May-2020.pdf

Advocacy Works!  The Idaho Building Code Board voted yesterday to table action until February, 2023 that would have cut significant portions of the Idaho Energy Code.    The Board received over 200 pages of comments mostly against the cuts.    https://www.boisestatepublicradio.org/news/2022-11-16/idaho-building-code-energy-efficiency-regulations  Here are the comments submitted: https://dbs.idaho.gov/wp-content/uploads/2022/11/bld_11152022-Supportive-Document-Written-Comments-through-10-17-2022.1.pdf    Thanks to everyone that took the time to write in.  We will continue to monitor this action and reach out if more support is needed in 2023