MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Energy

By: Representative Cockerham

House Bill 1281

(As Sent to Governor)

AN ACT TO AMEND SECTION 57-39-21, MISSISSIPPI CODE OF 1972, TO REVISE THE ENERGY EFFICIENCY STANDARDS FOR COMMERCIAL BUILDINGS; TO PROVIDE THAT THE MISSISSIPPI DEVELOPMENT AUTHORITY SHALL NOT HAVE ENFORCEMENT AUTHORITY OVER THIS SECTION OF LAW; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 57-39-21, Mississippi Code of 1972, is amended as follows:

     57-39-21.  (1)  The board, in consultation with other appropriate professional groups and organizations, and others knowledgeable in the subject, shall * * *develop and promulgate in accordance with Title III of Public Law 94-163 and Title III of Public Law 94-385 of the Ninety-fourth Congress, thermal and lighting efficiency standards review, amend and adopt, in accordance with Standard 90.1-2010 of the American Society of Heating, Refrigeration and Air-Conditioning Engineers, energy code standards for building construction, standards for computer-based energy management systems, standards for systems for cogeneration of heating, cooling and electricity, and standards for design to use passive solar energy concepts, in order to promote the efficient use of energy.  * * * The standards shall apply to all buildings as required by subsections (4) and (5) of this section. For the purposes of this section, "building" shall mean any structure which includes provisions for a heating or cooling system, or both, or for a hot water system, except exempted buildings.  Unless it is an exempted building, each of the following * * *is a are examples of buildings, within the meaning of this section:

          (a)  Any building which provides facilities or shelter for public assembly, or which is used for educational, office or institutional purposes;

          (b)  Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant or other commercial establishment which provides * * *services service or * * *retails retail merchandise;

          (c)  Any portion of an industrial plant building used primarily as office space; and

          (d)  Any building owned by a state or political subdivision or instrumentality thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas and university buildings. 

     (2)  Exempt buildings shall include:

          (a)  Buildings and structures or portions thereof whose peak design rate of energy usage is less than three and four-tenths (3.4) British thermal units per hour per square foot or one (1.0) watt per square foot of floor area for all purposes;

          (b)  Buildings and structures or portions thereof which are neither heated nor cooled by fuel;

          (c)  Any mobile home;

          (d)  Any privately owned, noncommercial building or structure whose construction, heating, cooling or lighting arrangement is not in conflict with federal law;

          (e)  Any building owned or leased, in whole or in part, by the United States Government. 

 * * * (3)  This section shall apply to existing buildings as follows:

  (a)  Additions to existing buildings.  Additions to existing buildings or structures may be made to such buildings or structures without making the entire building or structure comply.  The new addition shall conform to the provisions of this section as they relate to new construction only. 

  (b)  Historic buildings.  Historic buildings are exempt from this section.  This exemption shall apply to those buildings which have been specifically designated as historically significant by the state or local governing body, or listed in "The National Register of Historic Places" or which have been determined to be eligible for listing. 

  (c)  Change of occupancy.  Any change in the occupancy or use of any existing building or structure constructed under this section which would require a substantial increase in demand for either fossil fuel or electrical energy supply shall not be permitted unless such building or structure is made to comply with the requirements of this section. 

(4)  The lighting efficiency standards promulgated pursuant to subsection (1) shall:

  (a)  For all existing buildings throughout the state, be of a uniform stringency to the extent possible, provided that any more stringent local standards existing on July 1, 1979, shall prevail; and

  (b)  For all new buildings in the state, be a standard consistent with the provisions of section 9 of Standard 90-75 of the American Society of Heating, Refrigeration and Air-conditioning Engineers. 

(5)  The thermal efficiency standards promulgated pursuant to subsection (1) shall:

  (a)  For all new buildings in the state, be a standard consistent with the provisions of sections 4 through 9 of Standard 90-75 of the American Society of Heating, Refrigeration and Air-conditioning Engineers; and

  (b)  For all existing buildings which are altered, repaired or renovated in this state and in which the cost of the alteration, repair or renovation exceeds twenty-five percent (25%) of the fair market value of the building be a standard consistent with the provisions of the most stringent local standard existing on the effective date of this chapter as determined by the commission. 

     ( * * *(63)  Beginning July 1, * * *1980 2013, the design, direction, construction and alteration of any building for which the standards promulgated pursuant to subsection (1) of this section * * *shall apply applies shall be accomplished so that the building or applicable portions thereof shall meet or conform to * * *such the standards.  The board shall not have enforcement over this section.  Local governing authorities shall adopt rules and regulations for the administration and enforcement of this section, and to adopt such penalties for violation of this section as they deem appropriate, except in regard to buildings owned by the state.  In state-owned buildings, the building commission shall provide for the compliance with the standards adopted under this chapter.  Local governing authorities are authorized to adopt rules and regulations as developed and promulgated by the commission for the administration and enforcement of these standards and to adopt such penalties for violations of the standards as they deem appropriate.  Local governing authorities are authorized to establish an inspection fee for the inspection of thermal and lighting standards in an amount not to exceed * * *fifty dollars ($50.00) One Hundred Fifty Dollars ($150.00).

(4)  This section shall stand repealed from and after July 1, 2016.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2013.

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