Michigan Office of Administrative Hearings and Rules

MOAHR-Rules@michigan.gov

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Licensing and Regulatory Affairs

Division/Bureau/Office:

Bureau of Construction Codes

Name of person completing this form:

Amanda Johnson

Phone number of person completing this form:

517-582-5519

E-mail of person completing this form:

JohnsonA39@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Elizabeth Arasim

2. Rule Set Information

MOAHR assigned rule set number:

2021-49 LR

Title of proposed rule set:

Construction Code - Part 10a. Michigan Energy Code

3. Purpose for the proposed rules and background:

The Michigan Energy Code Part 10a, which applies to buildings and structures, currently adopts the

2015 edition of the International Energy Conservation Code (IECC). The current Michigan Energy

Code rules for commercial compliance are outdated and require revision to reflect the latest in

accepted technology and materials. The rules currently being applied do not reflect the current

technology or materials available to achieve efficient use of energy.

4. Summary of proposed rules:

The Michigan Energy Code Part 10a, which applies to buildings and structures, currently adopts the

2015 edition of the International Energy Conservation Code (IECC). The current Michigan Energy

Code rules for commercial compliance are outdated and require revision to reflect the latest in

accepted technology and materials. The rules currently being applied do not reflect the current

technology or materials available to achieve efficient use of energy.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

Newberry News- Published on 06/22/2022.

The Morning Sun- Published on 6/16/2022.

Macomb Daily- Published on 6/16/2022.

Oakland Press- Published on 06/16/2022.

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Agency Report to JCAR-Page 2

6. Date of publication of rules and notice of public hearing in Michigan Register:

7/1/2022

7. Date, time, and location of public hearing:

7/5/2022 09:00 AM at Michigan Library & Historical Center, First Floor Forum , 702 W. Kalamazoo

St., Lansing, MI 48915

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1307

9. List of the name and title of agency representative(s) who attended the public hearing:

Amanda Johnson- Departmental Analyst, BCC

Jonathan Paradine- Building Chief, BCC

Lance Ash- Code Inspection Supervisor, BCC

Alesha Gensler- Deputy Director, BCC

Keith Lambert- Bureau Director, BCC

10. Persons submitting comments of support:

Abigail Wallace- Michigan Environmental Council

Amy Schmidt- American Chemistry Council

Justin Koscher- PIMA

Stacey Paradis- Midwest Energy Efficiency Alliance

Michael Alaimo- Michigan Chamber of Commerce

11. Persons submitting comments of opposition:

None

12. Persons submitting other comments:

Andrew Queenan- Pure Architects and AIA Grand Rapids

Don Nelson- D.R. Nelson & Associates

Michigan Energy Innovation Business Council

Jan Culbertson- A3C

Justin James Bialek- AIA, NCARB, BC&RC Chair

Jeffrey Ferweda- AIA

Megan Martin-Campbell & Katie Johnson of AIA Detroit

Lauren Reeg- RMI

Roger Papineau- Self

Zach Waas Smith- City of Ann Arbor

13. Identify any changes made to the proposed rules based on comments received during the

public comment period:

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Agency Report to JCAR-Page 3

Name &

Organization public hearing

Comments made at Written

Agency Rationale Rule number

for Rule Change & citation

and Description changed

of Change(s)

Comments

Made

1

Abigail Wallace

- Michigan

Environmental

Council

Add Back the

Energy

Monitoring

Requirement into but we received a

the Commercial lot of feedback

The bureau was

going to except

this section out,

R 408.31087:

C405.12 to C

405.12.5

Code

regarding keeping

Unfortunately, the the Energy

draft commercial Monitoring section

code released by in the code. In

LARA removed a order for the

key section from companies to

the IECC

commercial

energy

know how much

energy they are

using this section

conservation code must stay in the

– Section

code. With

C405.12 to

businesses being

C405.12.5, which able to monitor

requires energy their energy use

monitoring for

buildings over

25,000 square

feet. The

this could help

with energy

savings.

undersigned

organizations and

communities

strongly oppose

this weakening

amendment. You

can’t manage

what you don’t

measure. The

ability to

understand how

much energy your

building is using

is key to the

operation and

maintenance of

buildings,

particularly for

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large complex

buildings that are

regulated under

the commercial

code. Energy

monitoring also

increases

awareness of, and

engagement with,

energy efficiency

measures and

other energy and

emissions savings

opportunities.

Energy

monitoring has

been shown to

reduce energy

consumption in

buildings b 2 to

8% by giving

building owners

the information

they need to

understand how

much energy is

being used and by

what building

operations. This

is because

building

performance, if

not properly

monitored and

maintained,

erodes over time,

and energy

monitoring

ensures that high

performance

buildings

continue to

perform as

designed over the

building’s

lifetime. In

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addition, a

growing number

of communities

in Michigan are

working to

achieve carbon

neutrality by

2030. For these

communities to

be successful

they must address

the energy use of

existing buildings

which will be

much harder

without energy

monitoring in

place.

Additionally,

energy

monitoring

requirements

provide

tremendous data

sets for energy

management

professionals to

study, allowing

more

improvement in

both the

predictive energy

modeling efforts

in the design

phase and the

retro-commission

process post

building

occupancy, which

can help to

further

Michigan’s

progress toward

the 2030 goal.

Given the

importance of

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energy

monitoring we

recommend

Michigan add

back in the

energy

monitoring

requirement in

the commercial

code and

strengthen it by

requiring end use

monitoring of EV

chargers so

operators can

better manage

both building and

vehicle energy

consumption.

Additionally,

2

Jan Culbertson-

A3C

The bureau was

R 408.31087:

Section 8.4.3

Appendix CC of going to except

the international out this sections, to 8.4.3.2.

energy

however we

conservation

code, 2021

edition, is

included as a

voluntary

received a lot of

feedback about

how important it is

for us to keep it in

the code. By

appendix that

keeping this in the

authorities having code it will give

jurisdictions, at cities and states a

their discretion, flexible

may choose to

adopt by

ordinance as a

framework to use

to help reach their

building

supplement to the decarbonization

international

energy

goals.

conservation

code, 2021

edition, to require

renewable energy

systems of

adequate capacity

to achieve net

zero carbon

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Agency Report to JCAR-Page 7

emissions in

applicable new

buildings as

defined in the

scope of

Appendix CC

within that

jurisdiction.

IECC 2021

Appendix CC

(aka Zero Code)

is a flexible

framework that

cities and states

can use to help

reach their

building

decarbonization

goals. IECC 2021

Appendix CC

combines energy

efficiency and

renewable energy

to support the

construction of

code-compliant,

zero carbon

buildings that use

clean energy. It

applies to new

commercial,

industrial and

mid- to high-rise

residential

buildings—the

dominant

building types

being constructed

in cities today. As

a VOLUNTARY

Appendix, it

gives any

Authorities

Having

Jurisdiction the

option of

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adopting the

appendix.

Keeping the

appendix

voluntary

provides

jurisdictions an

important

framework to

reach their

decarbonization

goals, if they

choose to adopt

the appendix. In

summary we

support Appendix

CC because: o

Voluntary for

jurisdictions to

adopt o

Compliance with

2021 IECC is

required o Sets a

minimum

renewable energy

requirement

based on energy

simulations or

default values o

Provides an

incentive for

buildings to be

designed to be

more energy

efficient than

code requires o

Encourages on-

site renewable

energy when

feasible o

Supports off-site

renewable energy

procurement

when necessary o

2021 IECC

energy efficiency

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requirements

cannot be traded

with renewable

energy o

Establishes a

consistent

framework that

local

governments can

adjust for their

specific needs

and conditions

All three

Michigan 2030

Districts, in

collaboration

with AIA

Michigan, are

prepared to

provide ongoing

education for

developers,

architect,

engineers and

code officials

who choose to

implement

Appendix CC.

We need to bring

on new buildings

with no

additional carbon

emission to give

existing buildings

the time to

increase their

efficiency,

electrify and

procure/install

renewables

14.Date report completed:

1/31/2023

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