Bill Amendment: MS SB2339 | 2023 | Regular Session
Bill Title: Provision of law establishing energy efficiency standards for building construction; extend repealer on.
Status: 2023-04-20 - Approved by Governor [SB2339 Detail]
Download: Mississippi-2023-SB2339-House_Committee_Amendment_No_1.html
Pending
COMMITTEE AMENDMENT NO 1 PROPOSED TO
Senate Bill No. 2339
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 57-39-21, Mississippi Code of 1972, is amended as follows:
57-39-21. (1) The * * * Mississippi Development Authority,
in consultation with other appropriate professional groups and organizations,
and others knowledgeable in the subject, shall review, amend and adopt, in
accordance with Standard 90.1- * * * 2016 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. 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 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 service or 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) Beginning July 1, 2013,
the design, direction, construction and alteration of any building for which the
standards promulgated pursuant to subsection (1) of this section applies shall
be accomplished so that the building or applicable portions thereof shall meet
or conform to the standards. The * * * Mississippi Development Authority shall
not have enforcement over this section. Local governing authorities shall
adopt rules and regulations for the administration and enforcement of this
section * * *
and * * *
such penalties for violations of this section as they deem appropriate,
except in regard to buildings owned by the state. In state-owned buildings,
the * * *
Department of Finance and Administration, Bureau of Building, Grounds and Real
Property Management, 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 * * * department 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 One Hundred Fifty
Dollars ($150.00).
(4) This section shall
stand repealed from and after July 1, * * * 2026.
SECTION 2. (1) The state and any county board of supervisors or municipal governing authority may not prohibit or otherwise limit in a building code applicable to commercial or residential buildings or construction a refrigerant designated as acceptable for use pursuant to and in accordance with 42 USC 7671k.
(2) The prohibition set out under subsection (1) of this section shall apply only to the use of such refrigerant in equipment that is listed and installed in accordance with safety standards and use conditions imposed pursuant to such designation. SECTION 3. Section 2 of this act shall be codified in Chapter 2, Title 17, Mississippi Code of 1972.
SECTION 4. This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 57-39-21, MISSISSIPPI CODE OF 1972, WHICH REQUIRES CERTAIN STANDARDS THAT PROMOTE EFFICIENT ENERGY USE TO BE IMPLEMENTED DURING THE DESIGN, DIRECTION, CONSTRUCTION AND ALTERATION OF CERTAIN BUILDINGS, TO EXTEND THE DATE OF THE REPEALER ON THAT STATUTE AND TO UPDATE AGENCY NOMENCLATURE; TO CREATE A NEW SECTION TO PROVIDE THAT STATE, COUNTY OR MUNICIPAL BUILDING CODES MAY NOT PROHIBIT OR LIMIT THE USE OF FEDERALLY APPROVED SUBSTITUTE REFRIGERANTS; AND FOR RELATED PURPOSES.
