Under the guise of cutting regulation, Idaho seeks to gut energy efficiency code
Idaho Gov. Brad Little’s efforts to reduce regulations has led to Idaho being called the “least-regulated state” in the country.
But an effort to gut Idaho’s adherence to the 2018 International Energy Conservation Code goes too far in the state’s quest.
The Idaho Building Code Board is scheduled to meet at 9 a.m. Tuesday to discuss changes to the code and possibly approve any changes.
In a nutshell, the conservation code establishes minimum requirements for energy-efficient buildings. It prescribes energy efficiency standards for a building’s walls, floors, ceilings, lighting, windows, doors, heating, ventilation and air conditioning system, electrical, insulation and plumbing.
Some say the changes could gut the code.
The Idaho Legislature in March passed a bill, signed by the governor, recognizing Idaho’s adoption of the 2018 International Energy Conservation Code.
“Idaho just adopted the 2018 version (of the conservation code) that just kicked in on July 1,” William Fay, director of the Energy-Efficient Codes Coalition in Washington, D.C., told me in a phone interview. “Then, all of a sudden, we heard that the staff of (the Department of Occupational and Professional Licensing) is trying to undermine the whole thing, and everybody has come out of the woodwork against them – except for the builders.”
Of course the builders don’t want codes that make them construct buildings that are more efficient, save energy and save residents money in the long run. They’d rather make cheaper housing and let residents learn much later that the insulation is substandard, or the windows are drafty, the HVAC system inefficient. Those residents find those things out every month when they get their utility bills.
But not all builders want to gut the code.
“Removing energy codes may make building nominally less expensive in the short term but long term will increase utility costs, which homeowners and residents will bear the brunt of,” Patrick Boel, vice president of development for developer Roundhouse, wrote in a letter to the board. “We believe removing the current energy codes is a step backwards and not in the best interest of Idaho residents. We should instead be seeking to enhance these codes to ensure Idaho’s residents are living in resilient communities that are protected from rising energy costs.”
Utilities, like Idaho Power, are desperate to become more energy efficient. It’s a key way to continue providing low-cost power to a growing number of Idaho residents.
That’s why Idaho Power has opposed any changes.
“Idaho Power supports keeping the current code process in place and keeping the currently adopted 2018 IECC,” according to a letter from Theresa Drake, senior manager of customer relations and energy efficiency for Idaho Power. “Idaho Power believes that these building codes play an important role in reducing the need for more expensive electric system investments to serve our customers.”
Interestingly, the bill passed by the Legislature in March also forbade local government agencies to pass any sort of code that goes beyond what the Building Codes Board approves.
That means that if the board approves gutting the Conservation Code on Tuesday, cities like Boise couldn’t turn around and require builders to follow the 2018 code.
That’s why the city of Boise is also opposed, joining a long list of opponents. The Building Code Board received dozens of letters of opposition to the changes, including from local architects, the Idaho Conservation League, the city of Nampa, Conservation Voters for Idaho, Blaine County, Idaho Sierra Club, Idaho Organization of Resource Councils, Intermountain Fair Housing Council, even the American Chemistry Council.
Plus, the National Association of the Remodeling Industry wrote a letter asking the board to slow the process before making any changes to the code.
“These changes are huge, mainly involving removing most provisions of the energy codes,” NARI of Idaho President Peggy Behrens wrote.
My favorite letter is from John Zellmer, an engineer who spent more than 35 years working with developers in the home-building industry. His sentiments embody The Idaho Way.
“While a majority of developers are intent on building a good quality product, there are still a significant number of home builders who will always look to cut corners in the interest of profitability and cost savings,” he wrote. “Although I am a solid advocate of minimum government regulation, our discussion regarding the elimination of standards for HVAC was quite concerning. … (M)inimum standards, enforced through independent inspection, are CRITICAL for the end users’ protection. This ensures ‘checks and balances’ which is key to quality construction. For the good of all involved, I sincerely hope the state maintains these minimum standards.”
The governor deserves to be applauded for streamlining some regulations in the state, particularly outdated wording and ineffective rules.
But gutting the energy efficiency code in the name of cutting red tape is short-sighted and misguided.
