NMELC Appeals Roll Back of Energy Efficient Building Codes
FOR IMMEDIATE RELEASE
Tuesday, January 24, 2012
SANTA FE, N.M.— On January 19th, the New Mexico Environmental Law Center (NMELC) filed its Brief in Chief for its clients in an appeal arguing that the New Mexico Construction Industry Commission violated numerous laws when it rolled back the Energy Efficient Building Codes adopted in 2010. The Commission did not meet requirements that give the public the right to effectively participate in the making of laws and that require decision-makers to explain their actions.
In April 2011, the Commission decided that it would consider changes proposed by the New Mexico Construction Industry Division to the New Mexico Electrical Code, the New Mexico Energy Conservation Code, the New Mexico Mechanical Code, and the New Mexico Plumbing Code. After holding simultaneous public hearings around the state and accepting public comments, the Commission accepted the proposed changes in June 2011.
“The original Energy Efficient 2010 codes were adopted after over a year of weekly meetings and extensive review of technical, energy, and economic feasibility studies,” says Tammy Fiebelkorn, President of eSolved, Inc. “After all of this, consensus was achieved. The Commission did none of these things when it rolled back the codes. If the rollback wasn’t based on technical feasibility, energy use analysis or financial impacts, what was it based on?”
Representing Southwest Energy Efficiency Project, Environment New Mexico, Sundancer Creations Custom Builder, LLC., eSolved, Inc., the Sierra Club, and individuals, the NMELC asks the Court of Appeals to reverse the Commission’s roll back of the 2010 Codes and rule that changes made in June 2011 have no force or effect.
The filed brief argues that the Commission must meet the requirements of the Uniform Licensing Act, the Open Meetings Act, and the Solar Collectors Act when adopting or amending its regulations. The comments that the Commission received in public meetings and in written submissions show the Commission had no substantial evidence to support the rollback of the 2010 codes. The records also show that the Commissioners made their decisions before their meeting on the codes, thereby violating the Open Meetings Act. Because of these and other violations, the Court of Appeals should reverse the Commission’s decisions.
“The Energy Efficient 2010 codes would have resulted in a $14 per month net savings for homeowners. That means utility bill savings would have outweighed increased mortgage costs from day one of ownership,” says Shrayas Jatkar, Organizing Representative of the Sierra Club. “It’s too bad that the Commissioners decided to take away that savings from New Mexicans without any analysis or process.”
“It seems that these commissioners do not understand how New Mexico law handles rulemakings,” says Douglas Meiklejohn, NMELC Executive Director and lead counsel on the case. “They do not have the power to change regulations that have been adopted simply to suit the current political climate. Agencies must follow the basic laws governing substantial evidence and public processes. Otherwise, regulations could drastically change with every election.”
Responses by those mentioned in the appeal are due in 48 days.
INTERVIEWS AND IMAGES ARE AVAILABLE UPON REQUEST
Contacts:
Juana Colón
Communications and Public Education
New Mexico Environmental Law Center
505-989-9022, ext 21
###