SENATE MEMORIAL 86

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Pete Campos

A MEMORIAL

ENCOURAGING STATE AGENCIES TO SUPPORT UPDATING THE NEW MEXICO ENERGY CONSERVATION CODE.

     WHEREAS, the federal Energy Conservation and Production Act requires that states review new building codes for possible adoption after the United States department of energy has certified the energy savings benefits; and

     WHEREAS, New Mexico's current energy conservation code, enacted in 2009, does not meet the current national standard and is not in compliance with this requirement, since the United States department of energy certified that the 2012 edition of the international energy conservation code achieved greater energy savings when it published a notice of determination on May 17, 2012; and

     WHEREAS, the energy conservation and management division of the energy, minerals and natural resources department provides technical assistance and training under the United States department of energy state energy conservation program to the construction industries division of the regulation and licensing department for inspectors, builders, architects, engineers and new homeowners on compliance with new building codes; and

     WHEREAS, the United States department of energy no longer supports the 2009 energy conservation code with compliance software tools like REScheck and COMcheck and no longer provides training; and

     WHEREAS, Governor Michelle Lujan Grisham's Executive Order 2019-003, addressing climate change and energy waste prevention, directs the evaluation of regulatory strategies, including the adoption of building codes to achieve reduction in greenhouse gas pollution; and

     WHEREAS, new energy codes incorporate modern technologies and construction techniques to create safer, healthier and more sustainable building structures; and

     WHEREAS, Pacific Northwest national laboratory conducted a study that demonstrated that New Mexico homebuyers would realize significant utility cost savings benefits with the implementation of the 2015 international energy conservation code; and

     WHEREAS, in 2018, the New Mexico regulation and licensing department adopted the 2015 uniform plumbing and uniform mechanical codes without updating the state energy conservation code; and

     WHEREAS, the energy, minerals and natural resources department, in February 2019, was not selected to receive a grant from the United States department of energy to measure the effectiveness of energy conservation building practices, in part due to the state having outdated energy conservation codes for residential and commercial buildings; and

     WHEREAS, New Mexico energy roadmap meetings conducted by the energy, minerals and natural resources department, which included more than fifty diverse New Mexico energy stakeholders, concluded that it is important to upgrade all New Mexico building codes to at least meet national standards and to develop a process for maintaining current codes;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the energy, minerals and natural resources department be requested to partner with the regulation and licensing department and the construction industries commission in the development of an updated New Mexico energy conservation code; and

     BE IT FURTHER RESOLVED that the energy, minerals and natural resources department provide information and assistance to the regulation and licensing department in the development of the updated New Mexico energy conservation code; and

     BE IT FURTHER RESOLVED that all affected stakeholders be invited to participate in the review and adopting process; and

     BE IT FURTHER RESOLVED that the regulation and licensing department and the energy, minerals and natural resources department be requested to develop a way for all building codes to be updated in a timely manner in the future; and

     BE IT FURTHER RESOLVED that the energy, minerals and natural resources department and stakeholders present to the appropriate interim legislative committee by November 1, 2019 an update on the development and progress of the updated energy conservation code; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the superintendent of regulation and licensing, the director of the construction industries division of the regulation and licensing department, the chair of the construction industries commission, the secretary of energy, minerals and natural resources, the director of the energy conservation and management division of the energy, minerals and natural resources department and the governor.

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