Mississippi HB 1199: Efficiency standards; extend repealer on statute requiring certain buildings to meet.

Bill Text

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To: Energy
MISSISSIPPI LEGISLATURE REGULAR SESSION 2023

By: Representative Busby

HOUSE BILL NO. 1199

AN ACT TO AMEND SECTION 57-39-21, MISSISSIPPI CODE OF 1972, 1
TO EXTEND THE DATE OF THE REPEALER ON THE STATUTE REQUIRING 2
CERTAIN STANDARDS THAT PROMOTE EFFICIENT ENERGY USE TO BE 3
IMPLEMENTED DURING THE DESIGN, DIRECTION, CONSTRUCTION AND 4
ALTERATION OF CERTAIN BUILDINGS; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 57-39-21, Mississippi Code of 1972, is 7
amended as follows: 8
57-39-21. (1) The board, in consultation with other 9
appropriate professional groups and organizations, and others 10
knowledgeable in the subject, shall review, amend and adopt, in 11
accordance with Standard 90.1-2010 of the American Society of 12
Heating, Refrigeration and Air-Conditioning Engineers, energy code 13
standards for building construction, standards for computer-based 14
energy management systems, standards for systems for cogeneration 15
of heating, cooling and electricity, and standards for design to 16
use passive solar energy concepts, in order to promote the 17
efficient use of energy. For the purposes of this section, 18
"building" shall mean any structure which includes provisions for 19

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a heating or cooling system, or both, or for a hot water system, 20
except exempted buildings. Unless it is an exempted building, 21
each of the following are examples of buildings, within the 22
meaning of this section: 23
(a) Any building which provides facilities or shelter 24
for public assembly, or which is used for educational, office or 25
institutional purposes; 26
(b) Any inn, hotel, motel, sports arena, supermarket, 27
transportation terminal, retail store, restaurant or other 28
commercial establishment which provides service or retail 29
merchandise; 30
(c) Any portion of an industrial plant building used 31
primarily as office space; and 32
(d) Any building owned by a state or political 33
subdivision or instrumentality thereof, including libraries, 34
museums, schools, hospitals, auditoriums, sports arenas and 35
university buildings. 36
(2) Exempt buildings shall include: 37
(a) Buildings and structures or portions thereof whose 38
peak design rate of energy usage is less than three and 39
four-tenths (3.4) British thermal units per hour per square foot 40
or one (1.0) watt per square foot of floor area for all purposes; 41
(b) Buildings and structures or portions thereof which 42
are neither heated nor cooled by fuel; 43
(c) Any mobile home; 44

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(d) Any privately owned, noncommercial building or 45
structure whose construction, heating, cooling or lighting 46
arrangement is not in conflict with federal law; 47
(e) Any building owned or leased, in whole or in part, 48
by the United States government. 49
(3) Beginning July 1, 2013, the design, direction, 50
construction and alteration of any building for which the 51
standards promulgated pursuant to subsection (1) of this section 52
applies shall be accomplished so that the building or applicable 53
portions thereof shall meet or conform to the standards. The 54
board shall not have enforcement over this section. Local 55
governing authorities shall adopt rules and regulations for the 56
administration and enforcement of this section, and to adopt such 57
penalties for violation of this section as they deem appropriate, 58
except in regard to buildings owned by the state. In state-owned 59
buildings, the building commission shall provide for the 60
compliance with the standards adopted under this chapter. Local 61
governing authorities are authorized to adopt rules and 62
regulations as developed and promulgated by the commission for the 63
administration and enforcement of these standards and to adopt 64
such penalties for violations of the standards as they deem 65
appropriate. Local governing authorities are authorized to 66
establish an inspection fee for the inspection of thermal and 67
lighting standards in an amount not to exceed One Hundred Fifty 68
Dollars ($150.00). 69

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ST: Efficiency standards; extend repealer on
statute requiring certain buildings to meet.
(4) This section shall stand repealed from and after July 70
1, * * * 2027. 71
SECTION 2. This act shall take effect and be in force from 72
and after July 1, 2023. 73