NBSIR 75-747

Building Energy Authority and

Regulations Survey: State Activity

Robert M. Eisenhard

Office of Building Standards and Codes Services

Center for Building Technology

Institute for Applied Technology

National Bureau of Standards

Washington, D. C. 20234

June 1975

Preliminary Report

In cooperation with:

The Federal Energy Administration

Frank Zarb, Administrator

Roger W. Sant, Assistant Administrator

Energy Conservation and Environment

Building Research Development and

Demonstration Program

NBSIR 75-747

BUILDING ENERGY AUTHORITY AND

REGULATIONS SURVEY: STATE ACTIVITY

Robert M. Eisenhard

Office of Building Standards and Codes Services

Center for Building Technology

Institute for Applied Technology

National Bureau of Standards

Washington, D. C. 20234

June 1975

Preliminary Report

In cooperation with:

The Federal Energy Administration

Frank Zarb, Administrator

Roger W. Sant, Assistant Administrator

Energy Conservation and Environment

Building Research Development and

Demonstration Program

U.S. DEPARTMENT OF COMMERCE. Rogers C.B. Morton. Secretary

NATIONAL BUREAU OF STANDARDS. Ernest Ambler. Acting Director

TABLE OF CONTENTS

Page

Abstract ii

1. Introduction 1

2. Overview 1

3. Acknowlegments 2

4. Updating for Future Reports 2

Figure 1: State Authority to Regulate Building Energy Conservation 3

Table 1: Summary of State Building Energy Authority and Regulatory Status 4

5. Survey Results 5

1
Abstract

Information describing the status of State regulations and authority to regulate energy

use in new and existing buildings is presented in tabular form. The tables reference

available information on pending bills, acts, or general authority which is embodied in a State Building Code Act. Programs relating to solar energy, insulation, and other building

energy items are also listed.

Keywords: authority; building; energy; legislation; regulations; State.

ii
BUILDING ENERGY AUTHORITY AND REGULATIONS SURVEY: STATE ACTIVITY

Robert M. Eisenhard

1. Introduction

The 1975 State legislative sessions evidence considerable activity and interest in

providing for legislation that would insure energy conserving buildings. A voluntary

consensus standard for building energy conservation titled "Energy Conservation in New

Building Design" is under development by the American Society of Heating, Refrigerating,

and Air-Conditioning Engineers, Inc. (ASHRAE) . A great deal of interest has been shown in

following the actions that States are taking in regulating energy use in new and existing

buildings. The status of enabling legislation and technical regulations has been surveyed

by telephone contacts with State building officials, energy officers. Governor's offices,

and legislative reference services. The tables contained herein summarize the status of

available information on building energy regulatory authority and regulations as of the

period February 15 - April 15, 1975, during which this survey was taken. Because of rapid

changes taking place in the building energy regulatory field at the State level, the actual

status of some data presented in this report may be changed by the time of this publication.

2 . Overview

Interest in State regulation of building energy utilization varies from State to State.

Twenty-four States comprising those with sixty-five percent of the United States' population,

report a high interest in building energy regulation; the remainder were about evenly split

between moderate interest and little apparent interest. Of those most interested, fourteen

(Connecticut, Florida, Massachusetts, Michigan, Minnesota, Montana, New Mexico, North

Carolina, Ohio, Oregon, Rhode Island, Virginia, Washington, and Wisconsin) had statewide

building code authority and therefore a vehicle for energy regulations. Indiana also has a statewide code, but legislation adding energy conservation authority died in the Senate.

Forty-one percent of the population of the country is located in States with authority to regulate energy use in buildings. Seven States (Alabama, Idaho, Iowa, Kansas, New Jersey,

Pennsylvania, and Texas) have study groups or legislatures considering statewide building

code laws. Ten States (Arizona, California, Colorado, Illinois, Nevada, New Hampshire,

New York, Vermont, West Virginia, and Wyoming) have authority or were considering legislation

dealing with building energy regulations separate from a statewide building code. Most

States without statewide building codes find it difficult to envision effective State

regulation in the building energy area. To them, establishment of an administrative

organization to regulate this single facet of building design and construction seems difficult to justify.

As shown in figure 1, five States (California, North Carolina, Ohio, Oregon, and

Wisconsin) have adopted building energy regulations. Colorado and Washington also have

regulations of a limited nature. Colorado's regulations apply to multi-family dwellings

in jurisdictions that do not have their own building code enforcement and Washington's

regulations apply to buildings using electric heat. Three States (Connecticut, Michigan,

and Minnesota) are in the process of developing regulations. Even though some States are adopting their own regulations (as required by legislation or administrative authority)

,

most States appear to desire the anticipated ASHRAE Standard or a subsequent American

National Standard as the basis for their regulations in the future. The remainder of the

States with existing authority indicate that they plan to wait for a national consensus

standard. Officials from several States without present statewide authority to regulate

building energy use also express interest in the ASHRAE Standard as a basis for seeking

authority or for recommending to local governments for their use.

A large number of solar energy and thermal insulation bills have been introduced in

State legislatures. Most call for sales or property tax exemption or lower assessments for

1
fossil fuel saving improvements. The data of introduction and committees to which the bills

have been assigned are noted in the following tables where known.

In the data presented. States are listed by alphabetical order with population rank

noted in parentheses following the State name.

3. Acknowledgments

The author wishes to thank the State Delegate members of the National Conference of

States on Building Codes and Standards, the State Energy Officers, and Legislative Reference

Services personnel who provided information and documentation. A special thanks is extended

to Michael J. Greene of the Council of State Governments Energy Project for the use of

material from his listings of legislative activity.

4. Updating for Future Reports

It is planned that updating will be prepared in late 1975 when remaining legislative

action will have been completed. Any new data or updating information as well as suggestions

on format, content, or utility of this summary will be welcome and should be sent to:

Office of Building Standards and Codes Services

Center for Building Technology, lAT

National Bureau of Standards

Washington, DC 20234

2
3
TABLE 1 Summary of State Building Energy Authority and Regulatory Status

State Building Energy Regulatory Authority Regulations Authority Being Consideredin Statewide

Code

in Separate Law PromulgatedUnder

Development

by

Legislature

'by Staff or Study Group ALABAMA X ALASKA

ARIZONA X ARKANSAS

CALIFORNIA X x(t) XCe)

COLORADO X(k) X CONNECTICUT X X DELAWARE FLORIDA X GEORGIA X(n) HAWAII

IDAHO X ILLINOIS X

INDIANA

IOWA X KANSAS X KENTUCKY

LOUISIANA

MAINE MARYLAND XCn)

MASSACHUSETTS X(e)

MICHIGAN X X MINNESOTA X(d) X MISSISSIPPI

MISSOURI

MONTANA X(a)

NEBRASKA

NEVADA X

NEW HAMPSHIRE X NEW JERSEY X NEW MEXICO X NEW YORK X(b) X(c)

NORTH CAROLINA X X(h)

NORTH DAKOTA

OHIO x(±)

OKLAHOMA

OREGON X X(h)

PENNSYLVANIA X RHODE ISLAND Y SOUTH CAROLINA X SOUTH DAKOTA

TENNESSEE

TEXAS UTAH

VERMONT X VIRGINIA X WASHINGTON X X(l)

WEST VIRGINIA X WISCONSIN X X(j) X(m)

WYOMING X

(a) authority has been clarified by amendment

(b) authority to draft an energy conserving code

(c) authority to promulgate an energy conserving

code

(d) authority in separate law but regulations

become a part of the state building code

(e) as amended

(f) residential buildings - (g) commercial buildings

(h) single family and multi-family residential,

3 stories and under

(i) excluding 1, 2, & 3 family residential

(j) excluding 1 & 2 family residential

(k) multi-family and manufactured buildings

(1) electric heat only

(m) pending legislation would extend building regu- latory authority to '1 & 2 family residential

and manufactured buildings

(n) voluntary

4
5. Survey Results

ALABAMA (21)*

Legislative session begins in May. Administration proposes to introduce, with the American Institute of Architects, a statewide

building code bill; proposed in earlier legislative sessions but

not passed.

ALASKA (50)

No reported proposed or existing legislation related to building energy.

ARIZONA (33)

SB 1231 (Chapter 165 of 1974 Laws)

Passed in 1974

SB 1321

Introduced 2/19/75

Committees: Rules; Agriculture;

Commerce and Labor

S 1011

Prefiled

SB 1231 allows any taxpayer who acquires a solar energy device for the production of heat

or electricity to amortize its cost over 60

months as a deduction in computing his net

taxable income.

SB 1321 authorizes the adoption of standards

and regulations for the use of thermal products

and devices in new industrial, commercial, and

residential construction. It also provides

that costs of thermal improvements may be

deducted from gross income and provides that

such improvements not increase assessed

evaluation of buildings for taxation purposes.

S 1011 relates to tax exemption for solar energy

devices

.

ARKANSAS (32)

No reported proposed or existing legislation related to building energy.

CALIFORNIA (1)

SB 277

Passed in 1974

SB 144

Passed in 1974

Energy regulations for residential construction

authorized by SB 277 (Title 25, Article 5,

New Section 1094) were effective February 22,

1975. Some proposed changes are scheduled for

hearing April 4, 1975. An Energy Design Manual

for Residential Buildings is under development.

Energy regulations for nonresidential buildings

authorized by SB 144 are under development.

* Number in parentheses indicates population ranking.

t Bills that were reported to have become law are enclosed in a box.

5
SB 510

Passed in 1974

SB 753

Passed in 1974

AB 1575

Passed in 1974

Energy regulations for mobile homes ( SB 510 ) are authorized. SB 277 , SB 144 , and SB 510 are

the responsibility of the Department of Housinj;

and Community Development.

Energy regulations for State building and school

construction ( SB 753 ) are to be implemented by

the Office of the State Architect.

AB 1575 establishes a State Energy Resources

Conservation and Development Commission which

will ultimately have power to regulate and

adopt standards for residential and nonresidential construction.

SB 119

Prefiled

SB 214

Introduced 1/14/75

AB 724

Introduced 2/6/75

Committee: Housing and Community

Development

Hearings were held March 19, 1975, on SB 119

which transfers authority to develop nonresidential building energy standards and regulations

to the Department of Housing and Community

Development. (This authority was transferred

to the State Energy Resources Conservation and

Development Commission as of January 1, 1975,

by AB 1575.)

SB 214 and companion AB 724 would require

insulation of residential attic spaces to meet

or exceed energy standards before a change in

title can be recorded.

S 218

Introduced 1/14/75

A 13

Introduced 1/14/75

S 218 provides for a personal income tax deduction for solar energy devices.

A 13 exempts from property taxation all or any

portion of property which is used as a solar

energy system.

S 215

Introduced 1/9/75

S 215 exempts from property taxation any equipment which is part of a solar energy system.

S 774 -

- Introduced 2/11/75

Committee: Energy and Diminishing

Materials

S 774 requires Energy Resources Conservation

and Development Commission to submit recommendations for standards covering equipment

utilizing solar energy for heating and cooling.

S 428

Introduced 2/17/75

S 429

Introduced 2/17/75

S 428 establishes authority to develop standards

and designs for experimental housing utilizing

solar energy for heating and cooling.

S 429 relates to a solar energy demonstration

project.

COLORADO (29)

Colorado has existing regulations covering energy which apply

to iDultifamily dwellings (2 family and over), hotels, and motels

in all jurisdlctioHS without building code departments.

6
HB 1002

Introduced

Committees: Transportation and Energy;

Appropriations

HB 1002 provides that the Senate Housing Board

adopt thermal insulation regulations for

residential buildings and provides for local

adoption and enforcement of regulations no less

stringent than State regulations.

HB 1009

Introduced 1/9/75

Committees: Transportation and Energy;

Appropriations

HB 1009 provides that the State Industrial

Commission adopt thermal insulation regulations

for industrial and commercial structures and

that local governments adopt and enforce no less

stringent regulations.

HB 1010

Introduced 1/9/75

Committees: Transportation and Energy;

Finance

HB 1010 provides a tax credit against property

tax for a percentage of the cost of improvements

to a residence when improvements reduce the

amount of energy required to heat or cool such

residence

.

Both HB 1002 and HB 1009 have been passed by

their reference committee.

CONNECTICUT (24)

Connecticut has a statewide building code. Hearings were

scheduled for March 7, 1975, on energy regulations but

officials report that the State will consider a national

consensus standard when available.

HB 7488

Committee: Regulated Activities

HB 7504

CoiDmittee: Environment

S 491

Introduced 1/29/75

Committee: Regulated Activities

H 6146

Introduced 1/29/75

Committee: Finance

HB 7488 requires energy impact statements to be

submitted to the building official for new

commercial or industrial buildings.

HB 7504 requires the State Building Code

Standards Committee to amend the State Building

Code to incorporate energy conservation

standards

.

S 491 requires that life cycle cost analysis be

provided for proposed State funded building

projects and that these cost analyses be

approved by the Commissioner of Public Works.

H 6146 provides that home insulation materials

will be exempt from sales tax.

S 351

Introduced 1/29/75

Committee: Regulated Activities

S 794

Committee: General Law

S 1096

Introduced 2/11/75

Committee: State and Urban Development

S 351 requires the State Building Code Standards

Committee to report to the General Assembly on

the inclusion of solar energy systems in the

State Building Code; on standards for solar

energy systems; and, the review of State and

municipal buildings in regard to utilization

of solar energy.

S 794 provides for the State to pay the building owner two hundred dollars for each dwelling

unit equipped with a heat pump.

S 1096 requires the State Building Code Standards

Committee to adopt stronger provisions for

insulation of new homes and buildings.
HB 5042

Introduced 1/10/75

Committee: Environment

HB 5042 directs that the State Building Code

Standards Committee investigate the feasibility

of establishing standards for incorporating into

the State Building Code to achieve climate

control with minimum consumption of energy for new buildings and for alterations to existing

buildings

.

HB 6451

Introduced 2/4/75

Committee: Regulated Activities

HB 6451 requires that no new mobile home may

be sold in the State unless it meets minimum

heat transmission standards.

HB 6444

Introduced 2/7/75

Committee: Regulated Activities

HB 6444 requires that each building permit

application for a new structure include a Certificate of Compliance by a registered

architect or registered engineer that the

design of the structure does not exceed the

maximum energy consumption standards.

S 488

Introduced 1/29/75

Committee: Regulated Activities

S 488 provides financial assistance to producers

of solar energy devices.

S 412

Introduced 1/29/75

Committee: Finance

S 412 provides for local property tax exemption

for solar heating and solar electric generation

equipment

.

S 414

Introduced 1/29/75

Committee: Finance

S 414 concerns sales tax exemption for solar

heating and solar electric generation equipment.

S 348

Introduced 1/29/75

Committee: Regulated Activities

S 348 provides for sales and property tax

exemption for solar energy systems used in

buildings

.

S 441

Introduced 1/29/75

Committee: Finance

S 441 concerns tax exemptions for solar energy

devices

.

S 445

Introduced 1/29/75

Committee: Finance

S 445 eliminates sales tax on insulation

material

.

H 7208

Introduced 2/5/75

Committee: General Laws

H 7208 requires improvement of the quality and

quantity of insulation used in buildings to conserve energy.

H 5048

Introduced 1/8/75

Committee: Environment

H 5048 concerns deductions in property tax assessment for installation of solar energy

systems

.

H 5236

Introduced 1/10/75

Committee: Finance

H 5873

Introduced 1/27/75

Committee: Regulated Activities

H 5236 encourages installation of solar energy

systems by allowing a deduction from assessed

value equal to the increase in value due to the

installation of such systems.

H 5873 concerns the making of solar energy and

wind electrical generating devices tax exempt.

8
H 7653

Introduced 2/6/75

Connnittee: Regulated Activities

H 7666

Introduced 216/15

S 1079

Introduced 2/1/15

Committee: Regulated Activities

H 7563 concerns solar energy as an innovative

alternative for heating.

H 7666 allows an exemption in property tax

assessment for buildings using solar energy

systems

.

S 1079 concerns development of alternative

methods of energy production.

DELAWARE (46)

No reported proposed or existing legislation related to building energy.

FLORIDA (9)

The Florida Building Codes Act of 1974 includes energy conservation

authority. Code and regulations must be prepared for the 1976

legislative session opening in April of 1976. Effective date of the

building code will be January 1, 1977. ASHRAE 90P is being actively

considered by an Energy Conservation Committee.

H 763 H 763 directs the Department of General Services

Prefiled to establish regulations for the implementation

of energy conservation programs in public

buildings

.

GEORGIA (15)

Georgia has voluntary statewide code authority. No action has

been taken to adopt regulations related to building energy use.

HAWAII (40)

SB 61

Introduced 1/21/75

SB 61 allows a tax deduction with respect

to the amortization of the amortizable basis of

any certified new energy saving facility.

SB 62

Introduced 1/21/75

SB 62 proposes to exempt any new energy saving

facility from gross proceeds and tangible

personal property taxes.

IDAHO (42)

S 1013 S 1013 is a statewide building code bill approved

March 27, 19 75. Energy regulations, although

not specifically mentioned in the law,

could be promulgated under this act.

9
ILLINOIS (5)

HB 164

Introduced 1/14/75

SB 602

Introduced 4/8/75

Committees: Agriculture, Conservation & Energy

SB 1449

Introduced 4/16/75

Committees: Public Welfare and

Corrections

HB 2863 , Introduced 4/12/75

Committee: Environment & Energy

HB 1515 (companion to SB 602)

Introduced 4/9/75

Committee: Environment & Energy

HB 164 provides for an exemption of up to $2,000 from the valuation of real property for

installation of solar heating or cooling

systems

.

SB 602 requires the Illinois Commerce

Commission to establish minimum standards and

specify procedures for enforcement concerning

the insulation of all classes of new buildings

to be heated or cooled. Also requires the

Commission to explore, and if feasible,

establish voluntary guidelines for all classes

of existing buildings which are heated or

cooled. SB 602 has been passed by Committee.

SB 1449 creates a State Building Code Council

in the Department of Local Government Affairs

and requires the Council to promulgate a State

Building Construction Code.

HB 2863 creates in the Division of Energy,

Department of Business and Economic Development,

the authority to establish energy conservation

requirements applicable to new construction

throughout the State.

HB 1515 requires the Illinois Commerce

Commission to adopt rules establishing minimum

insulation standards for new buildings and

requires compliance with these standards

before the connection of natural gas or electric

service. HB 1515 has been passed by Committee.

INDIANA (11)

Indiana has a statewide building code law but building energy

authority is not specifically identified.

S 223 (Public Law 15)

Passed in 1974

S 223 allows for an annual deduction from

assessed valuation of real property the lesser

of: (1) the difference between the assessed

valuation with solar system and the assessed

valuation without the system; or (2) two thousand dollars.

HB 1140

Introduced 1/9/75

Committee: Public Policy and

Veterans Affairs

HB 1140 expands the authority of the Administrative Building Council, under the statewide

building code law, to public buildings and would

permit issuance of regulations regarding

conservation of energy. Passed the House, but

died in the Senate.

HB 1874

IntrodAiced 1/31/75

Committee: Ways and Means

HB 1874 allows income tax deduction equal to the cost of insulation plus installation

charges, to an individual who insulates his

home.

10
S 260

Introduced 1/15/75

Committee: Finance

S 260 extends a tax deduction for property

equipped with a solar heating or cooling

system, to property equipped with a system

powered by any non-fossil fuel.

IOWA (25)

SF 292

Introduced 3/10/75

SF 292 is a statewide building code bill

including energy conservation.

A bill has been proposed but not yet introduced

to provide statewide mandatory building energy

requirements, if the statewide code bill fails.

KANSAS (28)

Kansas officials hope to have an existing Building Code Study

Committee extended past July 1, 1975.

Senate Concurrent Resolution No. 2 (SCR 2)

Introduced 1/14/75

Committee: Conservation and Natural

Resources

H 2375

Introduced 2/17/75

SCR 2 requests the Director of Architectural

Services to study and report to the legislative

coordinating council recommendations concerning

standards for energy use and insulation of

buildings within the State.

H 2375 provides ad valorem tax credits to homeowners whose homes meet minimum insulation

standards

.

KENTUCKY (23)

Kentucky does not have a legislative session in 1975.

LOUISIANA (20)

Legislative session convenes in April 1975.

MAINE (38)

Bureau of Public Improvements has responsibility for State

buildings, including schools, and is issuing a directive on Energy Conservation Measures.

S 56

Introduced 1/7/75

(L.D. 125) Taxation

S 56 exempts solar or wind power facilities

from sales tax.

11
MARYLAND (17)

HB 539

Passed in 1974

HB 1604

Signed 4/22/75

HB 539 authorized the expansion of the Model

Performance Building Code to include promotion

of efficient utilization of energy resources. Maryland has established an ad hoc committee

to review ASHRAE 90?

.

HB 1604 provides that the property assessment

for commercial and residential buildings that

have conventional heating and cooling systems

will not be raised if solar heating and cooling

systems are added.

HB 506

Introduced 1/30/75

Committee: Ways and Means

HB 506 encourages the use of solar energy

systems, and excludes certain costs from taxes.

S 520

Introduced 2/13/75

Committee: Budget and Taxation

S 520 encourages use of solar energy by

providing tax exemptions.

HB 1007

Introduced 2/24/75

Committee: Environmental Matters

HB 1007 provides that all new structures

deriving energy from fossil fuels must comply

with ASHRAE 90P and be so certified by a registered professional engineer or a registered

architect. The bill was unfavorably reported

out of committee on 3/24/75.

MASSACHUSETTS (10)

Massachusetts has building energy conservation authority in its

statewide code law as amended. Recently the Energy Standards

Committee recommended to the Governor, that if immediate action

was necessary, ASHRAE 90P (Jan. 14, 1975) should be adopted for

State owned or financed buildings. The committee further

recommended that ASHRAE 90P (Jan. 14, 1975) should be adopted

for all buildings, effective Jan. 1, 1976.

H 3585

Introduced 1/2/75

Committee: Taxation

H 3585 provides for an income tax exemption

with respect to repairs and improvements of

residences where the purpose is to reduce the

consumption of energy. H 3585 died in the

House

.

H 3586

Introduced 2/2/75

Committee: Taxation

H 3586 provided for a sales tax reimbursement

with respect to repairs and improvements of

residences where the purpose is to reduce the

consumption of energy. H 3586 died in the

House.

S 1366

Prefiled

Committee

;

Taxation

S 1366 provides exemption of property from

taxation where solar energy is used.

S 1385

Pref jled

Committee

:

Taxation

S 1385 provides economic incentives for

installation of solar and wind powered devices

for climate control.

12
MICHIGAN (7)

Michigan has building energy conservation authority in its

statewide code law and has started the development of

regulations.

H 4137

Introduced 1/28/75

Committee: Taxation

H 4137 provides that tangible property, used in new construction or for converting residential

or commercial property from conventional systems

for heating and cooling to a solar energy

system, be exempt from sales tax.

H 4138

Introduced 1/28/75

Committee: Taxation

H 4138 is similar to H 4137 but applies to exemption from use tax.

H 4597

Introduced 3/13/75

Committee: Taxation

H 4597 grants tax credits against State income

tax for insulation and other energy conserving

home improvements.

MINNESOTA (19)

The Building Code Division is authorized by Laws of 1974, Chapter

307, to establish rules for the design, evaluation, construction

or reconstruction of new buildings, and remodeling. The Division

is seeking a 90 day extension of the April 1, 1975, promulgation

date for energy conservation standards and rules. Final hearings

are scheduled for May 6.

H 923

Introduced 3/13/75

Committee: Environment

S 1042

Introduced 3/20/75

Committee: Government Operations

H 923 and the companion bill S 1042 provide an extension for the promulgation of building

energy design standards to August 1, 1975.

H 85

Introduced 1/20/75

H 85 provides for the deduction from property

assessment of the value of a solar heating or cooling system, or the assessment with the

addition of the system minus the assessment

without the system, whichever is less.

S 281

Introduced 2/6/75

Committee: Taxes and Tax Laws

S 281 provides a property tax deduction for

solar energy heating or cooling systems.

MISSISSIPPI (30)

No reported proposed or existing legislation related to building energy.

MISSOURI (13)

No reported proposed or existing legislation related to building energy.

13
MONTANA (43)

Montana has a statewide building code law and is reported to be

waiting for a national consensus standard.

HB 473

Introduced 2/17/75

Committee: Natural Resources

HB 473 requiring adoption of rules in the

State Building Code to promote efficient use

of energy, was passed and signed by the

Governor 3/24/75.

NEBRASKA (35)

No reported proposed or existing legislation related to building energy.

NEVADA (47)

The Public Works Board has energy design criteria for State

buildings. These criteria were effective for all designs

started April 1, 1974.

A 716 A 716 requires adoption of minimum insulation

Introduced 4/23/75 standards for all public and private buildings.

Committee: Commerce

NEW HAMPSHIRE (41)

HB 479

Committee: Ways and Means

HB 479 allows towns and cities to adopt by local

referendum property tax exemptions for persons

owning realty equipped with solar heating or cooling systems.

SB 269

Introduced 4/23/75

Committee: Energy and Consumer Affairs

SB 269 establishes standards for maximum

consumption of depletable energy in new buildings. It requires certification by an architect

or professional engineer that the building meets

the standards.

NEW JERSEY (8)

A 1299 A 1299 , New Jersey's State Uniform Construction

Code Act, has passed the Assembly and is being

considered by the Senate. Prior to passage it was amended to specifically reference energy

conservation. Senate passage is expected.

Officials report plans to use a national

consensus standard.

A 1274

Introduced 3/18/74

Committee: Taxation

A 1274 exempts sales of all materials used in

conservation of heat within a building from

the Sales and Use Tax Act.

A 1275

Carried over

Committee: Taxation

A 1275 exempts energy conservation improvements,

certified by the tax assessor as such, from

real property taxation.

14
A 2303

Carried over

Committee: Taxation

A 2303 exempts solar energy heating and cooling

systems from real estate tax.

NEW MEXICO (37)

New Mexico has building energy authority under a Statewide Building

Code and the Senate has previously passed Memorial Z/? requesting the

Construction Industries Commission to review and revise the Uniform

Building Code to establish construction methods to promote conservation of energy resources. New Mexico officials are waiting for a national consensus standard.

S 19 S 19 requires a certificate from the Mechanical

Introduced 1/21/75 Board that new construction meets energy

construction standards.

S 106 S 106 provides for a gross receipts tax

Introduced 1/27/75 deduction for energy-saving materials.

NEW YORK (2)

New York has authority to prepare an energy efficient construction

code for all new buildings (SB 9451, AB 11519, Chapter 824, 1974 Laws)

Also drafted and sent to the Governor is an act to allow the State

Building Code Council to promulgate an energy code.

The Public Service Commission has issued energy regulations covering

all buildings using new gas service.

S 239

Prefiled

A 2512

Introduced 2/4/75

S 239 and the companion bill A 2512 exempts

from sales and use tax, insulation, weatherstripping, storm windows and doors, and

caulking compound.

S 2882

Introduced 2/18/75

Committee: Local Government

S 2882 grants partial exemption from assessment

of real property to owner who uses solar energy

for cooling or heating said real property.

A 3342

Introduced 2/12/75

Committee: Environment

A 3342 establishes program for development of

prototype, solar powered heating system for

residential and commercial building structures.

A 659

Prefiled

Committee:

S 896

Prefiled

Committee:

Local Governments

Finance

A 659 permits owner of property equipped with

solar energy heating or cooling system to have

deducted annually from assessed valuation thereof the lesser of (1) the assessed value with

the solar system minus the value of the system

or (2) the value of the system.

S 896 requires that the Office of General

Services develop standards for solar energy

systems

.

15
NORTH CAROLINA (12)

North Carolina has a Statewide Building Code. Energy regulations

for all one and two family dwellings and all new multiple family

dwellings, three stories in height or less, were adopted

September 10, 1974, effective January 1, 1975. Officials report

plans to use a national consensus standard.

NORTH DAKOTA (45)

HB 1520 HB 1520 provided for an excise tax on coal

consumed in the State to provide funds for

solar energy research. The bill was indefinitely postponed in the House.

HB 1527

Introduced 1/28/75

Committee: Industry, Business, and

Labor

SB 2439

Introduced 1/28/75

Signed 4/8/75

Committee: Finance and Taxation

HB 1527 authorized the State-owned Bank of

North Dakota to provide low interest loans for

persons who convert their existing housing or construct new housing with heating systems

utilizing solar, waste products, or electricwind systems. The bill passed the House, was

amended in the Senate to allow the Bank to guarantee loans and eliminated the low interest

provision. The bill failed in the Senate.

SB 2439 provided that systems utilizing solar

energy for heating or cooling of buildings

would be exempt from property tax in the State

and also exempt from sales arid use tax of the

State. The bill was approved by the Senate, but

prior to approval the House deleted the sales

and use tax exemption. Effective date is

July 1, 1975.

Senate Concurrent

Resolution No. 4042

SCR 4042 calls for a Legislative Council Study

of alternate energy sources. This has been

passed by the Senate and passage by the House

is expected.

OHIO (6)

Ohio has a Statewide Building Code which covers all buildings except

one, two, and three family dwellings. Regulations have been promulgated

as Chapter BB 48, an amendment to the 1970 Edition of the "Ohio Building

Code." These regulations with the exception of BB 48-02.01 will be

effective June 1, 1976. BB 48-02.01 which was effective March 1, 1975,

provides for interim energy data collection and analysis.

H 626

Introduced 3/27/75

H 626 establishes a revolving fund to make

loans for home improvements for energy

conservation purposes.

OKLAHOMA (27)

No reported proposed or existing legislation related to building energy.

16
OREGON (31)

Oregon has statewide building code authority. Regulations for

residential construction three stories or less were effective

July 1, 1974. Officials will consider a national consensus

standard when available.

HB 2036

Introduced 1/17/75

Committee: Environment, Agriculture,

and Natural Resources

HB 2036 amends the comprehensive planning laws

to allow county planning commissions to recom- mend ordinances governing height and set-back

of buildings, the utilization of incident

solar energy and includes public incentives for

overall energy conservation.

SB 230 SB 230 establishes standards for maximum

consumption of certain types of energy for new non-industrial structures. Prior to issuance of a permit the bill requires that a certificate of compliance be issued by an architect or registered professional engineer

stating that such structure has been designed

so as not to exceed maximum standards.

HB 2037 HB 2037 allows a State personal income tax

deduction, not to exceed $500, for thermal

insulation of not more than one existing

residence.

SB 483 SB 483 creates Department of Energy. It provides a wide role for the Department,

including promotion of efficient use of energy.

SB 209

Introduced 1/23/75

SB 209 provides tax exemption on increased

value of property as a result of solar heating

or cooling.

HB 2201

Introduced 1/24/75

HB 2200

Introduced 1/23/75

HB 2202

Introduced 1/23/75

HB 2201 allows eligible veterans to obtain a loan from the Oregon War Veteran's Fund for the

purpose of installing solar energy collection,

storage, and delivery systems to a home.

HB 2200 calls for solar heating and cooling

demonstrations at the University of Oregon.

HB 2202 provides a tax exemption on increased

value of property as a result of solar energy

heating and cooling systems.

HB 2203

Introduced 1/23/75

HB 2203 provides a tax credit for costs involved

in installation of solar heating and cooling

systems

.

HB 2204

Introduced 1/23/75

HB 2204 authorizes the Housing Division to make

loans for solar heating and cooling of buildings.

H 2046

Introduced 1/17/75

Committee: Environment, Agriculture,

and Natural Resources

H 2046 exempts from personal income tax the

first $500 expended for a solar energy system

for a single residence.

17
PENNSYLVANIA (3)

Pennsylvania has a House subcommittee considering legislation for a statewide building code, including energy conservation.

HB 421

Introduced 2/11/75

Committee: Finance

HB 421 provides for sales tax exemption for

equipment used to construct or convert certain

buildings for the use of solar energy systems

for heating and cooling.

HB 262

Introduced 2/5/75

Committee: Finance

HB 262 excludes the material and installation

costs for solar energy systems for heating and

cooling from sales and use taxes.

HB 239

Introduced 2/4/75

Committee: Finance

HB 239 exempts storm windows and doors and

insulation materials for use in residences

from retail sales tax.

RHODE ISLAND (39)

Rhode Island has a Statewide Building Code Law with the building

code to be effective August 1, 1975. Officials report plans to use a national consensus standard when available.

S 286

Introduced 2/18/75

Committee: Special Legislation

S 286 requests the Rhode Island Building Code

Standards Committee to include in the proposed

statewide building code, standards requiring new buildings to be constructed and insulated so

as to conserve energy.

SOUTH CAROLINA (26)

South Carolina officials are considering an act to allow a statewide building code with energy conservation.

H 2774 H 2774 creates a committee to study revision

Introduced 4/8/75 of building codes to achieve conservation of

Committee: Ways and Means energy.

SOUTH DAKOTA (44)

SB 283

Introduced 2/18/75

Signed 3/26/75

H 569

Introduced 1/28/75

Committee: Taxation

SB 283 allows a property assessment deduction

for the utilization of solar energy systems.

Effective date is July 1, 1975.

H 569 provides property tax deduction for the

utilization of solar energy systems.

TENNESSEE (18)

No reported proposed or existing legislation related to building energy.

18
TEXAS (4)

Texas has no existing building energy authority. Dean Raymond D. Reed

of Texas A & M University and Chairman of a Task Force on Building Code

for Texas has prepared a report for the Governor's Energy Advisory

Council recommending the adopting of a State building code including

conservation of energy in buildings.

H 429

Introduced 2/3/75

Committee: Revenue and Taxation

H 1158

Introduced 3/3/75

Committee: Natural Resources

S 516

Introduced 3/3/75

Committee

:

Natural Resources

H 429 relates to tax exemptions and deductions

for solar energy devices.

H 1158 and the companion bill S 516 requires the

State Building Commission to write an energy

conserving building code for all State buildings

including University buildings. The code is to be made available to Texas cities as a model.

UTAH (36)

SB 117

Introduced 1/20/75

SB 117 provides for the adoption of code

provisions dealing with energy conservation in

the design, construction, and use of State

buildings. It also provides for studies of

energy use in buildings and encourages voluntary

adoption of the code provisions developed for

State buildings, by political subdivisions and

industry.

SB 209

Introduced 2/7/75

SB 209 provides authority in the State building

Board to initiate and supervise an energy

conservation project designed to construct

dwelling units utilizing a minimum of fuel.

VERMONT (48)

H 69

Introduced 1/8/75

S 29

H 69 provides for the appointment of energy

conservation officers, the adoption of

regulations governing the insulation of buildings, and prohibiting the sale of gas, electricity, coal, or oil to owners of buildings

which do not comply.

S 29 provides that a town may exempt from

taxation real and personal property used for

the production, but not the sale, of energy.

Introduced 2/7/75

provides for State standards for solar

energy systems which are manufactured or sold

in the State.

H 206

Introduced 1/23/75

Committee: Taxation

H 206 permits municipalities to exempt from

real estate and personal property taxes,

equipment and facilities used in the production

of alternate sources of energy.

19
VIRGINIA (14)

House Document No. 7 notes that the State Board of Housing which

promulgates the Statewide Building Code, is relying on anticipated

national building energy standards.

HB 1381

Introduced 1/17/75

Committee: General Laws

HB 1465

Introduced 1/20/75

Committee: General Laws

HB 1811

Introduced 1/21/75

Committee: General Laws

HB 1808

HJR 268

Introduced 1/21/75

Committee: Conservation and Natural

Resources

HB 1381 proposed to add to the State Building

Code certain insulation standards. HB 1381

did not pass the General Assembly.

HB 1465 proposed to add to the State Building

Code requirements for storm doors and windows.

HB 1465 did not pass.

HB 1811 provided that the State Building Code

shall include requirements that all single

family dwelling plumbing would be constructed

to facilitate future installation of solar

water heating equipment. HB 1811 did not pass.

HB 1808 allowed deductions from gross income,

for tax purposes, the cost of thermal design

improvements; including improvements of

insulation, solar collectors, and storm windows

and doors. The bill included upper costs

limits. HB 1808 did not pass.

HJR 268 called for the examination of the

feasibility of using solar energy for heating

and cooling of State facilities.

HB 1820

Introduced 1/21/75

Committee: Finance

HB 1820 provides tax savings relating to income

tax and amortization of solar energy systems.

HB 1820 did not pass.

WASHINGTON (22)

Washington has a statewide building code law and also has electric

heating regulations.

HB 664

Introduced 2/19/75

Committee: Transportation and

Utilities

HB 664 establishes minimum thermal insulation

standards for all three-story or less frame

buildings for human occupancy, which are heated

or mechanically cooled. A substitute for HB 664 has been offered which establishes

thermal insulation and design standards for

residential occupancy as an addition to present

statewide codes.

SB 2106

Introduced 1/16/75

Committee: Transportation and

Utilities

SB 2106 requires the analysis of energy

consumption and life cycle cost of all major

publicly owned or leased facilities.

SB 2375

Introduced 2/3/75

Committee: Transportation and

Utilities

SB 2375 exempts residential solar heating

equipment and installation from sales and use

taxes

.

All three (3) bills above are scheduled for hearing March 21, 1975.

20
WEST VIRGINIA (34)

H 1344

Introduced 1/20/15

H 1344 authorizes the establishment of energy

standards for the purposes of minimizing fuel

consumption for heating in new residential,

commercial, and public buildings. H 1344 was

not reported out of committee.

H 1138

Introduced 2/6/75

Committee: Finance

H 1138 exempts solar heating and cooling

systems from taxation.

WISCONSIN (16)

Wisconsin has a State Building Code covering all buildings

except one and two family dwellings. Rules pertaining to building energy conservation were adopted November 18, 1974,

and were effective January 1, 1975.

A 268

Introduced 2/5/75

Committee: Tax Exempt

A 268 provides tax exemption for solar heat or light sources.

SB 105

Introduced 1/30/75

Committee: Governmental and Veteran

Affairs

SB 105 calls for creation of a one and two family dwelling code and include energy con- servation regulations.

SB 106

Introduced 1/30/75

Committee: Governmental and Veteran

Affairs

SB 106 calls for creation of a manufactured

building code including energy conservation.

WYOMING (49)

H 54 H 54 creates a Council within the Department of

Prefiled Environmental Quality. It requires electric

utilities t_fl. submit energy forecasts to the

Council and—iiiposes a tax on generation of

electricity to fund council activities. The

Council is directed to regulate the lighting

and insulation of new buildings and prescribe

operating efficiency standards for appliances,

etc.

21
NBS-114A (REV. 7-73)

U .S. DEPT. OF COMM. BIBLIOGRAPHIC DATA

SHEET

1. PUBLICATION OR REPORT NO. NBS IR 75 - 7472. Gov't Accession

No.

3. Recipient's Accession No.

BUILDING ENERGY AUTHORITY AND REGULATIONS SURVEY: STATE

ACTIVITY

5. Publication Date June 1975

6» Performing Orgsmzstion Code

7. AUTHOR(S)

Robert M. Eisenhard

8. Performing Organ. Report No. NBSIR 75-747

9. PERFORMING ORGANIZATION NAME AND ADDRESS

NATIONAL BUREAU OF STANDARDS

DEPARTMENT OF COMMERCE

10. Project/Task/Work Unit No.

11. Contract/Grant No.

12. Sponsoring Organization Name and Complete Address (Street, City, State, ZIP)

Energy Conservation and Environment

Building Research Development and Demonstration Program

The Federal Energy Administration

Washington, D.C.

13. Type of Report & Period Covered Preliminary

14, Sponsoring Agency Code

IS. SUPPLEMENTARY NOTES

16. ABSTRACT (A 200-word or less (actual summary of most significant information. If document includes a significant

bibliography or literature survey, mention it here.) Information describing the status of State regulations and authority to regulate

energy use in new and existing buildings is presented in tabular form. The tables

reference available information on pending bills, acts, or general authority which

is embodied in a State Building Code Act. Programs relating to solar energy,

insulation, and other building energy items are also listed.

17. KEY WORDS (six to twelve entries; alphabetical order; capitalize only the first letter of the first key word unless a proper name; separated by semicolons

)

Authority; building; energy; legislation; regulations; state

18. AVAILABILITY jcx] Unlimited

1 ! For Official Distribution. Do Not Release to NTIS

1 1 Order From Sup. of Doc, U.S. Government Printing Office

J'ashington. D.C. 20402. SD Cat. No. CI 3

PC 1 Order From National Technical Information Service (NTIS)

Springfield, Virginia 22151

19. SECURITY CLASS

(THIS REPORT)

UNCL ASSIFIED

21. NO. OF PAGES

23

20. SECURITY CLASS

(THIS PAGE)

UNCLASSIFIED

22. Price

$3.25

USCOMM-DC 29042-P74