Energy code, preempt, retroactive
ENERGY CODE – Amends existing law to provide for preemption, retroactive application, and future application.

RS30564 / H0287

This legislation amends the retroactivity clause of the Idaho Energy Conservation Code provisions contained in Idaho code 39-9701 to make it retroactive to the date of implementation. H660, passed into law in the 2022 legislative session put the 2018 Energy Conservation Code into statute and prohibits local jurisdictions from adopting energy conservation codes or requirements that differ from or are more extensive than those provided for in 39-9701. The retroactivity language contained in that chapter has resulted in misinterpretation or abuse of the legislative intent of H660 by some jurisdictions. This legislation intends to clarify that provisions of 39-9701 are in effect.

This legislation has no impact on the state general fund. Idaho homebuyers will realize savings as additional, expensive energy conservation provisions beyond those required by statute will be voluntary and not mandated by local jurisdictions.

Bill Events
Date Description
03/08 Introduced, read first time, referred to JRA for Printing
03/09 Reported Printed and Referred to Business
03/13 Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
03/14 Read second time; Filed for Third Reading
Rules Suspended: Ayes 68 Nays 1 Abs/Excd 1, read in full as required – PASSED - 59-10-1
AYES – Alfieri, Allgood, Andrus, Barbieri, Blanksma, Boyle, Bundy, Cannon, Cheatum, Clow, Cornilles, Crane(12), Crane(13), Dixon(1), Dixon(24), Durrant, Ehardt, Ehlers, Erickson, Furniss, Gallagher, Garner, Handy, Hawkins, Healey, Hill, Holtzclaw, Horman, Kingsley, Lambert, Lanting, Manwaring, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nelsen, Palmer, Petzke, Pickett, Price, Raybould, Raymond, Redman, Sauter, Scott, Shepherd, Skaug, Tanner, Vander Woude, Weber, Wheeler, Wisniewski, Wroten, Yamamoto, Young, Mr. Speaker
NAYS – Berch, Burns, Chew, Gannon, Green, Mathias, Nash, Necochea, Roberts, Rubel
Absent – Galaviz
Floor Sponsor - Palmer
Title apvd - to Senate
03/15 Received from the House passed; filed for first reading
Introduced, read first time; referred to: Commerce & Human Resources
03/21 Reported out of Committee with Do Pass Recommendation; Filed for second reading
03/22 Read second time; filed for Third Reading
03/28 Retained on calendar
03/29 Read third time in full – PASSED - 29-6-0
AYES – Adams, Anthon, Bernt, Bjerke, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Geddes(Harris), Grow, Guthrie, Hart, Hartgen, Herndon, Lakey, Lee, Lenney, Lent, Nichols, Okuniewicz, Ricks, Ruchti, Schroeder, Toews, Trakel, VanOrden, Winder, Zuiderveld
NAYS – Just, Rabe, Semmelroth, Taylor, Ward-Engelking, Wintrow
Absent and excused – None
Floor Sponsor - Lakey
Title apvd - to House
Returned from Senate Passed; to JRA for Enrolling
Reported Enrolled; Signed by Speaker; Transmitted to Senate
Received from the House enrolled/signed by Speaker
Signed by President; returned to House
03/30 Returned Signed by the President; Ordered Transmitted to Governor
Delivered to Governor at 10:35 a.m. on March 30, 2023
04/06 Reported Signed by Governor on March 31, 2023
Session Law Chapter 236
Effective: 03/31/2023