Energy Efficiency Ordinances and Codes:

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[edit] Energy Efficiency Ordinances and Codes

US Green Building Council: The USGBC has developed the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. Federal, State, and Municipal governments have used this standard to improve the sustainable design of the building environment. USGBC has developed a policy search tool for users to research the existing green building ordinances and programs that exist across North America.

HI

[edit] Existing Efforts

In 2007, the Rockingham Planning Commission conducted a report for the City of Portsmouth on the experiences municipalities have had with Green Building Ordinances. The focus of the report was to look at the communities’ successes and challenges encountered by implementing higher energy efficiency and sustainability requirements. Out of the 72 communities with Green Building Programs, 8 communities were chosen to be studied more in depth through personal phone interviews and written survey. These communities were chosen based on varying geographic regions, population size, size of green building program and willingness to participate. These communities included:

  • Arlington County, Virginia (pop. 203,000)
  • Austin, Texas (pop. 700,000)
  • Boston, Massachusetts (pop. 590,000)
  • Cambridge, Massachusetts (pop. 101,000)
  • Cranford, New Jersey (pop. 22,000)
  • Town of Epping, New Hampshire (pop. 6,000)
  • Normal, Illinois (pop. 50,000)
  • Pleasanton, California (pop. 66,000)

The goal of this research was to help support efforts already underway by the City of Portsmouth to strengthen their green building requirements, which include density bonuses to the private sector in their Central Business A District. While the report was conducted for Portsmouth, it is applicable to any community that is considering adoption of Green Building Standards. A copy of the Executive Summary and the Full Report are available for you to review.

[edit] New Hampshire Resources

The State of New Hampshire has a state building code, RSA 155-A. The State Building Code was modified in 2007 and now requires all new buildings constructed in the state to adhere to the International Energy Conservation Code (IECC) 2006. The adherence to these codes is done at the municipal level through the building inspector. As a requirement for receipt of funding from the 2009 American Recovery and Reinvestment Act (ARRA), NH Governor John Lynch signed an assurance that the state would reach 90% energy code compliance by 2016. On May 8, 2009, the New Hampshire Building Code Review Board adopted the 2009 IECC in its entirety effective October 1, 2009. Mandatory statewide, the code will include amendments to be considered at a public hearing on June 12, 2009.

For local communities, reaching the 90% compliance with existing energy code will be a challenge, and the NH Office of Energy and Planning will be developing training and other plans to meet the target. Several communities have initiated dramatic progress in education, climate change, and energy efficiency - most of which can be found on this site. In conjunction with this site's overall purpose, it could be imagined that the State of NH will set a new bar for energy efficiency for new construction and local communities can move on to more innovative projects.

There are currently State statutes regarding renewable energy property tax exemptions. 1. RSA 72:62 – Solar exemption 2. RSA:72:66 – Wind-powered exemption and 3. RSA 72:70 – Wood-heating exemption. Under these statutes, a homeowner is given an exemption on the value of their property when they do renewable energy improvements under the above-stated exemptions. This is a yearly exemption. The dollar value of the exemption depends on the dollar value of the improvement. It was explained that the value of the improvement would not be added to the value of the homeowner’s property, i.e. If you made improvements to your property by installing solar heat, and it cost $7,000, the $7,000 improvement would not be added to the value of your property, thereby you get the exemption in that you are not taxed on the $7,000 improvement. Each town comes up with the maximum amount they want for the exemption.

Further info on tax exemptions:

See the NH Sustainable Energy Association wiki site for further information on tax exemptions.

[edit] Other Local Legislation

New York communities, especially in Long Island, have adopted Energy Star for Homes, which has specific standards and elements.

The Case for Energy Star Homes‎

[edit] Drafting the Legislation

[edit] The NH Planning Process

All planning efforts start with the Master Plan. The statutes that provide for the adoption of Master Plans in NH is RSA 674:2. The Master Plan forms the basis of all regulatory action. An interesting change for New Hampshire in 2008 is the proposal that adds an Energy Chapter Master Plan.

[edit] Zoning Ordinances vs. Building Codes

There are several aspects to energy efficiency. Some are found more readily in zoning ordinances and some are part of a building code. The concern over this distinction relate to the fact that New Hampshire has a State Building Code. RSA 155-A. While the state code permits localities to adopt more stringent provisions, there are additional requirements that must be followed. RSA 155-A:2. Any action that relates to building codes must be specified as such to insure it is legally compliant. Additional authority for adoption of local building codes can be found at RSA 674:51. The authority to adopt codes by reference however is limited to those Codes adopted by the International Code Conference. RSA 674:51-a.

Zoning Ordinances can be adopted under a broad grant of authority as found in RSA 674:17. On matters of energy, however, zoning ordinances have specific authority "To encourage the installation and use of solar, wind, or other renewable energy systems ..."

[edit] Incentives vs. Mandates

The first major question for adopters is the issue of mandatory approaches compared to incentives-based approach.

[edit] Promoting the Legislation

Ideas for Outreach:

  • Local Media
  • Schools
  • Business Associations
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