Part 1. COMPTROLLER OF PUBLIC ACCOUNTS
Chapter 19. STATE ENERGY CONSERVATION OFFICE
Subchapter E. TEXAS BUILDING ENERGY PERFORMANCE STANDARDS
The Comptroller of Public Accounts adopts new §19.51 and §19.52, concerning establishing a procedure for soliciting public comment on energy codes, without changes to the proposed text as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8296).
The new sections will be under new Subchapter E, Texas Building Energy Performance Standards which implements Senate Bill 12 and House Bill 3693, 80th Legislature, 2007. Senate Bill 12, §3.01, and HB 3693, §11, amend Health and Safety Code, §388.003, to direct the State Energy Conservation Office (SECO) to establish procedures for persons who have an interest in the adoption of energy codes to have an opportunity to comment on newly published editions of the International Energy Conservation Code and the International Residential Code. The new law directs SECO to gather public comments and forward the comments to the Energy Systems Laboratory ("Laboratory") at the Texas Engineering Experiment Station of Texas A&M University System for development of recommendations on the adoption of these energy codes for use in this state.
New §19.51 provides definitions, including definitions of the International Energy Conservation Code and the International Residential Code. New §19.52 outlines a process that SECO will use to solicit comments from the public after publication of new editions of the energy codes.
The Texas Association of Builders (TAB) submitted comments in response to the proposed rulemaking. TAB commented that under Senate Bill 12 and House Bill 3693, SECO is the final arbiter in deciding whether to adopt and substitute as the state energy code the latest published edition of the International Energy Conservation Code or the energy provisions of the latest published edition of the International Residential Code. TAB also commented that only the latest published editions of International Energy Conservation Code or the full energy provisions of the latest published edition of the International Residential Code can be adopted as the state energy codes. In addition, TAB commented that the procedure calls for SECO to consider the written recommendations from the Energy Systems Laboratory at the Texas Engineering Experiment Station of Texas A&M University, and the Laboratory is required to consider comments submitted by stakeholders in developing the Laboratory's recommendations.
While SECO agrees with these comments, no change to the rules are required based on the comments. Senate Bill 12, §3.06, and House Bill 3693, §29, require SECO to adopt rules implementing a procedure for stakeholder participation in the consideration of whether to adopt the latest editions of energy codes, and these rules adequately provide for the required stakeholder participation. Health & Safety Code, §388.003, as amended by Senate Bill 12 and House Bill 3693, provides the authority for SECO to adopt by rule the later editions of the energy codes, if SECO determines that the energy efficiency provisions of the latest published editions of the codes are equivalent to or more stringent than the provisions of the editions that are currently adopted as the energy code in this state. In making its determination, SECO will consider the written recommendations submitted by the Energy Systems Laboratory at the Texas Engineering Experiment Station of Texas A&M University. SECO will also consider any public comments received during the rulemaking process if later published editions of the codes are proposed for adoption by rule as energy codes in this state.
These rules are adopted under Senate Bill 12, §3.06 and House Bill 3693, §29, 80th Legislature, 2007, which require SECO to adopt rules implementing a procedure for stakeholder participation in the review of energy codes.
The new sections implement Health and Safety Code, §388.003.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 15, 2008.
TRD-200800157
Martin Cherry
General Counsel
Comptroller of Public Accounts
Effective date: February 4, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 475-0387