Marketplace Today Blog

The Wisconsin Builders Association and the Brown County Home Builders Association have announced concerns about the cost implications of Senate Bill 450 and Assembly Bill 649, known as the Global Warming Bill or the Wisconsin Clean Energy Jobs Bill.

Specific elements of the bill have negative implications that reach beyond benefits to energy conservation, according to a BCHBA news release.

Under the climate change bills, the state Department of Commerce would be required to adopt an energy conservation code containing design standards for “construction and equipment” that conforms to the International Energy Conservation Code. The department would have greatly restricted ability to consider costs and benefits of determining to adopt a provision of the IECC, according to the WBA and BCHBA.

“It’s hard to understand why Wisconsin would want to tie its hands in regard to the energy code requirements in this state,” said Scott Puyleart, president of the Brown County Home Builders Association. “You would think legislators would care about the cost of housing. Wisconsin should not abrogate its ability to adopt an energy code, or other building codes that it believes is in the best interest of its citizens, given consideration of all relevant factors including costs.

“Adopting an international code with only extremely limited opportunities to change the code is haphazard and unnecessary. If there is a perceived inadequacy, it should be addressed through the existing UDC process which also includes a requirement to consider costs and benefits associated with energy code conservation.”

The WBA and BCHBA assert the bills include “a significant expansion” of the Department of Commerce’s duties from standards of construction and inspection to “standards for construction and equipment for the purpose of energy conservation in one- and 2-family dwellings.”

“Does the DOC now get to dictate standards for appliances, televisions, light bulbs and toasters?” said Puyleart.

WBA is requesting a provision be added to this section that prohibits local governments from mandating the use of this voluntary code. While this code is “voluntary,” WBA is concerned that local governments will mandate the use of the code.

The bill’s impact on development is another important consideration. The bills require the Department of Transportation, in consultation with the Department of Natural Resources and other state agencies, to identify strategies for reducing greenhouse gases.

The WBA and BCHBA believe zoning and land use policies and decisions should be formulated at the local level, not at the state level. The organizations also believe decisions regarding development need to be considered in light of other considerations, such as the needs of the community and economic development opportunities and not simply based on theoretical greenhouse gas reductions.

“When you look at it carefully, the ‘extent practicable’ standard is so unclear it simply provides fodder for litigation to attempt to block needed projects that are supported by local communities,” said Puyleart.