BOMA is strongly opposed to the building codes language in HR 2454, the Waxman-Markey Bill.
The measure sets arbitrary efficiency targets that will be costly, if not impossible, to meet (30% by 2010; 50% by 2016; and, and an additional 5% every 3 years thereafter, reaching 75% by 2030). If not accomplished through the consensus code development process, the Department of Energy (DOE) will step in and write a national energy code, which puts the DOE in the role of code developer and enforcer--not the best way to archive the goals of improving energy efficiency.
In addition, the House version of HR 2454 includes onerous enforcement language that would essentially allow anyone to sue a building owner, developer, architect, etc. if the building falls short of the energy efficiency target. Thus, the bill has the potential for 'drive-by' energy lawsuits against building owners.
BOMA's conversations with Members of Congress and staff have shown that the perceived problem centers on enforcement of existing codes, as well as concern over the states that are lagging way behind in adopting energy codes. BOMA supports addressing those issues through increased incentives for the states to hire and train building codes inspectors.
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