Idaho Legislature passes bills targeting Boise’s energy codes. What could change?
The Legislature passed two bills this session limiting the ability of local cities to implement energy conservation and efficiency measures in homes, which could curtail Boise’s efforts to meet its clean energy goals.
Both bills have passed the Legislature, and one has already been signed by Gov. Brad Little. One would remove Boise’s ability to retain some higher building code standards than the state requires, while the other could limit expansion of the city’s downtown geothermal heating system.
House Bill 287 prohibits local governments from adopting energy code or energy requirements “through any code, ordinance, process, policy, or guidance” that differ from state requirements.
How does the law affect Boise?
It would undo an agreement from 2018 that allows Boise to have stricter energy code standards than the state requires, and would continue to limit municipalities from imposing higher standards than the state.
When legislation passed in 2018 limited the ability of cities to make tighter restrictions, lawmakers allowed cities that had already imposed tighter restrictions to keep them. That aspect of the law survived a bill in 2022 that adopted the 2018 International Energy Conservation Codes, which are put together by an international association that updates codes every three years. The new bill would undo the retroactive allowances, forcing Boise to walk back some of its energy conservation measures.
The higher standards that until now have been grandfathered in for Boise include higher attic insulation or more efficient windows and wall insulation, enhanced energy efficiency scores and a blower door test, which determines how much air passes through a closed doorway.
The changes come as the state is considering cutting much of its energy codes as part of Gov. Brad Little’s initiative to have all administrative agencies review their regulations.
During debate in the Senate, Sen. Todd Lakey, R-Nampa, said that contractors in the state have encountered “more restrictive energy-related requirements” than what’s allowed under state code, noting that some jurisdictions require high-efficiency furnace equipment and that electric vehicle charging stations be included in new residential construction. He said these provisions are attempts to evade the law capping energy standards.
“We’ve got jurisdictions adopting more extensive energy-related requirements than our (state energy code),” Lakey said. “This bill says enough is enough. It doesn’t restrict incentives, but it restricts additional requirements.”
Boise says bill based on ‘false pretense’
Kathy Griesmyer, Boise’s director of government affairs, told the Statesman that it is a “false pretense” that local governments have been evading the energy standard caps. For instance, Boise requires new construction to have higher-voltage circuits in garages to allow residents to charge electric vehicles. Griesmyer said that is an electrical code provision, which is “distinct and separate” from energy code requirements.
“At a time when the market is providing more tools and resources both for home builders and for homeowners, it’s unfortunate that the legislature is rolling back those restrictions,” Griesmyer said.
She added that the new law “would really restrict how we as a local government can respond to meet community needs and interests around energy efficiency in our buildings and homes.”
Boise residents often ask city officials questions about the city’s energy efficiency requirements or recommendations for what they could have in their homes, Griesmyer said.
Supporters of the bill and opponents have argued over whether the bill would affect a city’s ability to advise residents about recommended energy conservation measures. Griesmyer said the broad language of the bill, which bars energy code “guidance” that differs from the state’s code, could affect the city’s ability to provide education to the public, she added.
While the city is still reviewing what effects the law would have on its green energy initiatives, Griesmyer said the bills could “muddy the water” on its incentive programs, which reward residents for choosing energy-efficient options. The law could also affect the city’s ability to make internal energy policies for city-owned buildings.
Boise has a goal of becoming carbon neutral by 2050, which the city has concluded would require “virtually every housing unit and business” to “undergo some form of energy efficiency retrofit in the coming decades.”
The city currently supports energy-saving incentive programs operated by Idaho Power and Intermountain Gas, which offer rebates for customers who install energy-efficient products. The city also offers loans to income-qualified residents who want to make efficiency improvements.
The city’s major rewrite of its zoning code — which has hearings scheduled before the Planning and Zoning Commission later this month — also includes incentives for developers to create buildings that use less energy and water than the state would require.
Sponsor says bill won’t affect incentives
In an interview with the Statesman, Lakey said that the bill is meant to target energy-related provisions, whether or not they are in a city’s energy code itself.
He told the Statesman that he doesn’t think the bill would limit energy-related incentives, so long as they are not requirements “couched” as incentives.
He said the rationale behind the law is to give contractors who work across multiple jurisdictions “consistency,” and that energy codes should only relate to health and safety. He said that individuals are free to ask contractors for more energy efficiency if they choose to.
The Idaho Conservation League also opposed the bill. Jonathan Oppenheimer, the group’s external relations director, argued at a Senate hearing in March that consumers rely on building and energy codes to ensure that their homes are built to last in ways that save energy and money. He said that homes in Idaho consume 21% of the state’s energy.
“By improving efficiency we can conserve energy, protect air quality and save homeowners money,” Oppenheimer said at the hearing.
Little has already signed House Bill 106, which bans cities from restricting what kinds of energy utilities buildings can hook up to, or requiring that they use a particular kind of energy. Griesmyer said it could limit Boise’s ability to expand its geothermal heating network downtown.
The Idaho Building Code Board plans to review the energy codes this year and present its revisions to legislative committees during next year’s legislative session, Bob McLaughlin, a spokesperson for the board, told the Statesman by email.
