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January 2007
Newsletter Contents:
Guest Highlight Building Codes Assistance Project Executive Director Aleisha Khan looks at the future of building codes.
Alliance to Save Energy Column The Alliance looks at California Governor Arnold Schwarzenegger's proposals on energy efficiency and climate change from his recent "State of the State" address.
State Updates Legislative updates from Alaska, Arizona, California, Colorado, Connecticut, District of Columbia, Florida, Illinois, Indiana, Michigan, Missouri, Montana, New Jersey, Ohio, South Carolina, Tennessee, Texas, Virginia, and Washington.

BCAP: Furthering Building Code Adoption in 2007 and Beyond
by Aleisha Khan, Executive Director, Building Codes Assistance Project (BCAP)
Launched in 1994, the Building Codes Assistance Project (BCAP) is a non-profit organization and a joint initiative of the Alliance to Save Energy (ASE), the American Council for an Energy-Efficient Economy (ACEEE), and the Natural Resources Defense Council (NRDC). In the twelve years since it began, BCAP has worked throughout the United States, at the national, regional, state, and local levels, to advocate for stronger and more effective building energy codes. BCAP collaborates with state energy and building code offices, builder associations, and other local and national organizations – seeking partnerships which achieve energy efficiency through collaboration. Joint activities, including strategic planning, technical support, and training, are pursued to support better code adoption and improved implementation.
The time of construction is a unique, one-time opportunity for energy savings. Efforts to retrofit existing buildings can reduce energy use but these activities face major, often cost prohibitive, limitations. New construction, even though representing just over one percent of the total building stock, is the most cost-effective point in time to build important, minimum energy-efficiency elements into buildings because these improvements can save energy throughout the life of those buildings.
Buildings consume one-third of total US energy use and two-thirds of our electricity – electricity often produced by coal-burning power plants. Atmospheric emissions from the use of energy lead to acid rain, ground-level ozone, smog, and global climate change. These critical environmental issues make it imperative to consider building energy codes when seeking to improve air quality. If the 2006 International Energy Conservation Code (IECC) were to be adopted and implemented nationally, almost 50 MMT (million metric tons) of carbon equivalent could be saved over the next 20 years. Additional benefits would occur by way of reduced consumer energy bills – making the adoption and implementation of energy-efficient building codes a necessary part of sound public policy in any state effort to reduce greenhouse gases.
In addition, it is the effective adoption, implementation, and utilization of building energy codes and standards that will reduce the nation’s energy consumption and create the foundation for high-profile efforts to build beyond code. Rather than widening the gap between the majority of buildings built to code and the highest performance buildings, energy-efficiency efforts should raise the baseline and incorporate energy codes as a mechanism to enable the development of necessary market-driven, above-code activities.
BCAP has started 2007 with an eye toward these opportunities and the critical and supporting role of energy codes. To advance the implementation and adoption of building energy codes, BCAP conducts the following efforts:
- Provides assistance to states and local governments in the adoption and implementation of energy codes through education, technical support and advocacy.
- Helps states and local jurisdictions adopt or upgrade energy codes through education, technical support, advocacy and consensus-building efforts.
- Provides and facilitates education and training for building code officials, builders and the design community.
- Produces and distributes a bi-monthly newsletter that highlights the status of each state’s energy codes – providing key information to stakeholders on energy codes in the country.
Web resources available for those interested in building codes include:
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Schwarzenegger Continues Push on Energy Policy in January Address to California Legislature
By Sean Garcia Policy Associate, Alliance to Save Energy
In his January State of the State address, California Governor Arnold Schwarzenegger (R) outlined a plan to help further reduce greenhouse gas (GHG) emissions, as well as help reduce California’s dependence on foreign oil. Following quickly on the heels of the passage of Assembly Bill 32, Schwarzenegger announced plans to develop a low carbon fuel standard that would reduce emissions from motor vehicles, in addition to moving the state away from the use of fossil fuels.
Addressing the state legislature, Schwarzenegger called for California to lead the way in energy legislation, saying, “Let us blaze the way, for the U.S. and for China and for the rest of the world. Our cars have been running on dirty fuel for too long. Our country has been dependent on foreign oil for too long.”
Having the state lead the way in energy and climate legislation was a theme throughout the address, as Schwarzenegger emphasized the importance of California both as an economic power and as standard bearer for energy legislation. “One area where we definitely need the climate to change is the national government's attitude about global warming. It would not act so California did. California has taken the leadership in moving the entire country beyond debate and denial... to action. As California goes, so goes the rest of the nation.”
The Governor also took time to praise bipartisan efforts going on in the state regarding energy legislation, and promised to look for further opportunities to advance these efforts. He also used the bipartisan theme to implore all members of the legislature to make the energy legislation a reality by appropriating the funds necessary to implement the program.
Assembly Bill 32 was signed into law by the Governor last year. The bill mandates that the state cut its greenhouse gas emissions by 25 percent by the year 2020, and also creates a market-based system of credits that can be purchased by California companies that may not meet reduction requirements. These credits can be purchased from companies that have already met reduction requirements.
Like AB 32, the low carbon fuel standard will use market-based mechanisms that allow providers to choose how they reduce emissions while responding to consumer demand. For example, providers may purchase and blend more low-carbon ethanol into gasoline products, purchase credits from electric utilities supplying low-carbon electrons to electric passenger vehicles, diversify into low-carbon hydrogen as a product, and other new strategies yet to be developed.
For more information, please visit: http://gov.ca.gov/index.php?/press-release/5174/
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Alaska
House Bill 63  Introduced 1/5/07, Referred to Committee on Community and Regional Affairs 1/16/07 HB 63 creates an alternative grant fund, not to exceed $10 million, that can be used to fund new or existing alternative energy projects within the state.
Arizona
House Bill 2228 Introduced 1/11/07, Received Committee assignment 1/18/07 HB 2228 creates, for tax purposes, alternatively fueled vehicles and hybrids as a new separate classification of motor vehicles.
House Bill 2275 Introduced 1/11/07, Received Committee assignment 1/18/07 HB 2275 requires that all cities and towns adopt and annually update a building energy code for residential and commercial construction that conforms to the International Energy Conservation Code adopted by the International Code Council.
House Bill 2417 Introduced 1/11/07, Received Committee assignment 1/23/07 HB 2417 authorizes the Arizona Board of Regents to adopt any energy conservation standards promulgated by the department of administration for the construction of new buildings within the Arizona University System.
House Bill 2492 Introduced and received committee assignment 1/23/07 HB 2492 would give developers a 15% discount in county development fees for homes that qualify for the federal energy- efficient homes tax credit.
House Bill 2494 Introduced and received committee assignment 1/23/07 HB 2494 would expand the term “eligible project” in the Arizona Energy and Water Savings Loan Fund to encompass projects that save electricity, natural gas, other energy fuels or water through energy or water efficiency improvements; on-site production and use of electricity and useful thermal energy; or better operation of buildings and energy-consuming or water-using equipment in buildings.
House Bill 2497 Introduced and received committee assignment 1/23/07 HB 2497 requires the Department of Commerce, in consultation with persons responsible for buildings systems, to adopt and publish energy conservation standards for construction of all new capital projects, including buildings designed and constructed by school districts, community college districts and universities.
House Bill 2530 Introduced 1/11/07 HB 2530 requires the Department of Environmental Quality to establish a method for requiring producers of greenhouse gases to report the amount they produce.
California
Assembly Joint Resolution 3 Introduced and sent to printer 12/04/06 AJR 3 would memorialize the President and Congress to increase the federal budget authorization for the federal Low Income Energy Assistance Program to $7 million for the 2007-2008 fiscal year, and appropriate the entire amount to the states.
Assembly Bill 6 Introduced and sent to printer 12/04/06, To be heard in committee 01/04/07 AB 6 would change existing law to require the State Air Resources Board to adopt market-based compliance mechanisms to limit emissions of air contaminants to control air pollution from both vehicular and non-vehicular sources.
Assembly Bill 35 Introduced and sent to printer 12/04/06, To be heard in committee 01/04/07 AB 35 would enact the Sustainable Building Act of 2007 and would require the California Integrated Waste Management Board to adopt building standards for the construction or renovation of state buildings by July 1, 2009.
Assembly Bill 94 Introduced and sent to printer 12/20/06, Read first time 1/3/07 AB 94 would revise current law so that the amount of electricity generated per year from eligible renewable energy resources is increased to an amount that equals at least 20% of the total electricity sold to customers by December 31, 2010.
Assembly Bill 99 Introduced and sent to printer 12/21/06, Read first time 1/3/07 AB 99 would ensure that, by January 1, 2012, no less than 50% of all new cars available for purchase in California are powered by clean alternative fuels.
Assembly Bill 118 Introduced 1/9/07 AB 118 declares the legislative intent to provide ongoing funding for alternative fuel research, development, and deployment in order to advance the state’s leadership in clean technologies, meet the state’s clean air and greenhouse gas emission reduction standards, develop public-private partnerships and ensure a reliable fuel supply.
Senate Resolution 3 Introduced 12/4/06, Sent to Committee on Energy, Utilities, and Communications 1/18/06 SR 3 would memorialize the President and Congress to increase the federal budget authorization for the federal Low Income Energy Assistance Program to $7 million for the 2007-2008 fiscal year, and appropriate the entire amount to the states.
Colorado
House Bill 1037 Introduced and referred to Committee on Transportation and Energy 1/10/07 HB 1037 directs the Public Utilities Commission to adopt rules establishing funding and cost-recovery mechanisms for distributors of natural gas to engage in conservation and energy-efficiency programs. Also directs distributors of natural gas to develop and implement cost-effective energy-efficiency programs.
Connecticut
House Bill 5212 Introduced and referred to the Joint Committee on the Environment 1/5/07 HB 5212 exempts from the petroleum products gross earnings tax any blend of fuel containing twenty percent or more of biodiesel fuel.
House Bill 5217 Introduced and referred to the Joint Committee on Finance, Revenue and Bonding 1/5/07 HB 5217 extends the expiration date of the sales tax exemption for residential weatherization and energy-efficiency products from July 1, 2007 to June 30, 2008.
House Bill 5295 Introduced and referred to the Joint Committee on Energy and Technology 1/10/07 HB 5295 amends the current “Project One Hundred” to include an additional 100 megawatts of produced power.
House Bill 5316 Introduced and referred to the Joint Committee on Transportation 1/10/07 HB 5316 extends the sales tax exemption for hybrid vehicles to all motor vehicles that achieve 40 miles per gallon in either highway or city driving.
Senate Bill 18 Introduced and referred to the Joint Committee on Energy and Technology 1/3/07 SB 18 would provide incentives and research grants for developing alternative fuel sources.
Senate Bill 19 Introduced and referred to Joint Committee on Environment SB 19 would require that all new motor vehicles sold in the state after January 11, 2011 be equipped with flexible-fuel technology capable of alternating between different fuel sources.
District of Columbia
Legislature Bill 515 Introduced 11/15/06, Referred to Committee on Consumer and Regulatory Affairs, Final Reading 12/05/06, Received from Mayor 12/29/06, Transmitted to Congress 1/18/07 LB 515 would create the “Green Building Act of 2006”, establishing high-performance building standards that require the planning, design, construction, operation and maintenance of building projects to help mitigate the environmental, economic, and social impacts of built structures in the District of Columbia.
Florida
Senate Bill 200 Filed 12/14/06, Referred to Committee on Transportation 1/9/06 SB 200 would authorize the use of high-occupancy-vehicle lanes by a vehicle fueled by natural gas or biodiesel.
Senate Bill 438 Filed 12/18/06 SB 438 would provide that any person who purchases an alternative motor vehicle is eligible for a sales tax refund.
Illinois
House Bill 172 Introduced 1/3/07, Referred to Committee on Rules 1/19/07 HB 172 exempts hybrid vehicles and related components from the state use tax through June 30, 2013.
Indiana
House Bill 2017 Introduced and referred to Committee on Family, Children and Human Affairs 1/11/07 HB 2017 creates the energy assistance contingency fund to be used for low income home energy assistance and efficiency measures. Funding appropriated from heating energy sales tax revenue.
Michigan
House Bill 5847 Passed House and sent to Senate 11/30/06, Referred to Committee on Commerce and Labor 12/06/06 HB 5847, the “Michigan Renaissance Zone Act”, would create economic development areas known as renaissance zones, which would promote and increase the research, development, and manufacturing of alternative energy technology.
Senate Bill 7 Introduced and referred to Committee on Energy Policy 1/10/07 SB 7 establishes minimum efficiency standards for products sold or installed within the state.
Senate Bill 1148 Received 11/29/06, Passed House 12/13/06, Passed Senate 12/14/06, Ordered Enrolled 12/14/06, Approved by Governor 12/20/06, Filed with Secretary of State 12/21/06 SB 1148, the “Michigan Renaissance Zone Act”, which would create economic development areas known as renaissance zones, would promote and increase the research, development, and manufacturing of alternative energy technology.
Missouri
House Bill 53 Pre-filed 12/04/06, Read first time 1/3/07 HB 53 would provide an income tax deduction for qualified hybrid motor vehicle purchases.
Senate Bill 40 Pre-filed 12/01/06, Referred to Committee on Ways and Means 1/16/07 SB 40 would provide tax incentives for certain energy uses, mainly the use of alternative fuels such as ethanol and biodiesel.
Senate Bill 54 Pre-filed 12/01/06, Referred to Committee on Commerce, Energy, and the Environment 1/16/07 SB 54 would create the Green Power Initiative. Electric companies shall make good-faith efforts to increase the amount of retail electricity sales generated from renewable energy technologies as follows: 3% by 2012; 7% by 2015; and 10% by 2020.
Montana
House Bill 41 Introduced 12/1/06, Passed House 1/12/07, Sent to Senate 1/15/07, Referred to Committee on Natural Resources and Energy 1/16/07 HB 41 would eliminate restrictions on the use of the principal for the Energy Conservation and Energy Assistance account in the federal special revenue fund. The funds may be used by the department of public health and human services to fund its low-income energy assistance and home weatherization programs.
Senate Bill 55 Introduced 12/7/06, Referred to Committee on Finance and Claims 12/20/06 SB 55 requires that royalties from mineral production rights purchased through a loan from the Coal Severance Tax Permanent Fund in excess of the amount required to repay the loan be deposited in a school improvement fund, designated to improve energy efficiency in school facilities.
New Jersey
Assembly Resolution 150 Introduced 3/2/06, Passed Assembly 12/14/06 AR 150 urges municipalities within the state of New Jersey to support the United States Climate Protection Agreement to reduce global warming.
Assembly Bill 2259 Referred to Committee on Appropriations 12/4/06 AB 2259 exempts motor vehicles that have an average miles-per-gallon of 150% or more above the corporate average fuel economy standards from sales and use taxes.
Senate Bill 2418 Introduced and referred to the Committee on Economic Growth 12/14/06 SB 2418 creates a one-for-one matching grant program for local governments to install energy and natural resource saving devices into the public buildings they operate.
Ohio
House Bill 251 Introduced 5/10/05, Passed House 1/17/06, Passed Senate 12/13/06 HB 251 extends the energy efficiency and conservation planning requirements now in place within the state to include all state buildings, including those otherwise excluded from oversight by the Department of Administrative Services.
House Bill 702 Introduced 12/12/06 HB 702 establishes a biodiesel, blended biodiesel, and E85 blend fuel quality testing program. Also establishes renewable fuel usage requirements for fueling facilities owned or operated by the state. Also authorizes tax credits against the corporate franchise and income taxes for the sale of E85 blended fuel, and against the income tax for the sale of renewable fuels.
South Carolina
House Bill 3034 Introduced and referred to the Committee on Labor, Commerce and Industry 12/13/06 HB 3034 amends state law to require the application of “green building” standards to measure energy efficiency and energy conservation in buildings constructed on state property with construction budgets of more than $15 million.
Senate Bill 97 Introduced and referred to the Committee on Finance 11/29/06 SB 97 requires that each state agency require the replacement of all incandescent light bulbs with compact fluorescent light bulbs within three years.
Tennessee
Senate Bill 6 Introduced 12/5/06 SB 6 authorizes the University of Tennessee to construct a Biomass Research Complex and encourages the University to establish a research program to develop switchgrass as an alternative fuel.
Texas
House Bill 375 Introduced 12/11/06 HB 375 requires the State Energy Conservation Office to prepare a report that provides a coherent strategy ard recommendations for increasing the availability of low-emission automotive fuels.
Virginia
House Joint Resolution 575 Introduced 12/8/06 HJR 575 requires that the first week of October of every year be designated “Energy Conservation Awareness Week”.
House Bill 1678 Introduced 12/8/06 HB 1678 exempts from state sales and use taxes energy-efficient products with a sales price of $2,500 or less. The exemption only applies to sales that occur during the first Friday, Saturday, and Sunday of October of each year, commencing with October 5, 2007, through October 7, 2007.
Washington
House Bill 1036 Introduced 12/17/06, Referred to Committee on Technology, Energy, and Communications 1/8/07 HB 1036 requires that a state agency that is served by a public or private utility must purchase twenty percent of its total electricity in the form of qualified alternative energy resources from the local utility.
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