Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Politics

Marco Rubio vs. the Unsung Hero of Climate Policy

It’s time to care about building codes.

•
Marco Rubio.
Heatmap Illustration/Getty Images

I apologize in advance for what I’m about to say, but if you care about the transition to clean energy, it’s high time to pay attention to building energy codes.

The Senate will soon debate an amendment to a must-pass federal budget bill submitted by Marco Rubio, the Republican senator from Florida, that would allow the developers of hundreds of thousands of new homes to eschew modern building standards and instead follow an energy code over a decade old.

I get it. Words like “standards” and “codes” might not excite you the way a new climate policy or techno fix might. But they should, because building energy codes are climate policy and techno fixes wrapped into one.

Building lifespans often exceed 50 years. Requiring new buildings to adopt the most effective energy-saving designs would keep us from digging ourselves into a deeper emissions hole with long-lived, energy-intensive infrastructure. Anything built to weak standards today would make it harder to generate enough clean energy to get the country off fossil fuels, and saddle residents with higher utility bills far into the future. Plus, it’s much more expensive to make a building more efficient later than it is to integrate energy-saving measures from the start.

“We all win with new energy standards,” said Jonathan Horowitz, director of policy for the Housing Assistance Council, a nonprofit that advocates for affordable housing in rural America, during a press call on Monday.

The world of building codes is quite confusing — another reason they tend to go overlooked. But here’s what’s happening.

In 2021, a nonprofit aptly named the International Code Council adopted a new “model” building energy and conservation code. The group was formed in the 1990s to consolidate disparate regional efforts to develop building codes around the United States. Now, many states and local governments simply pay a fee to adopt the ICC’s model code, which is updated every three years, rather than spending time and resources writing and amending their own. (Governments in several other countries have also adopted the ICC’s codes, hence the name.)

The ICC’s energy and conservation code incorporates some of the most up-to-date information on how to ensure that a building’s design — including its walls, floors, ceilings, lighting, windows, doors, and ducts — minimize the building’s energy use.

There are no nationwide minimum building energy standards in the United States. The closest thing we have is the Department of Housing and Urban Development’s rules for federally-backed mortgages, which require newly-built homes to adhere to certain standards in order for buyers to qualify for loans. But the agency is still using the ICC’s 2009 energy code.

The rules don’t let all new construction off the hook. For example, many states and local governments require builders to adhere to more recent iterations of the ICC model code. But a number of states have yet to adopt the latest version — and others have fallen very behind. Arkansas and Kentucky, for example, also use the ICC energy code from 2009. Some states, like Arizona and Kansas, don’t have any state-level building code, leaving it entirely up to municipalities whether or not to instate one.

Since developers have an incentive to make sure their customers have access to federal loans, updating the HUD code could have a big impact.

Earlier this year, HUD proposed adopting the ICC’s new 2021 code. The agency estimated that the change would affect some 168,000 housing units per year, and reduce carbon emissions by 2.2 million metric tons compared to the existing rules. Though it would slightly increase the cost of development, it would yield net average savings to consumers of about $500 per year for single family homes. Buyers of new apartment units could save $6,000 over the course of their mortgage.

But Rubio’s amendment would strip the agency’s funding to implement the higher efficiency standards. “Housing affordability is at a 40 year low,” a Rubio spokesperson told me by email. “The Biden administration’s new rules will cost Americans tens of thousands of dollars, especially at today’s interest rates. No one should be surprised Senator Rubio is fighting for lower housing costs.”

The Huffington Post reported last week that as representative of the second most valuable real estate market in the country, Rubio has received more donations from the homebuilding industry’s political action committees than any other senator over the past two election cycles. The National Association of Home Builders also wrote the senator a letter in September stating that “now is not the time to create or support additional regulations that add more uncertainty, delays, or costs to the home building process.”

The amendment will be considered by the Senate in the coming weeks as the temporary budget deal Congress passed to avert a government shutdown winds down and the body moves to finalize a 2024 budget. The bill that the amendment has been tacked onto currently has bipartisan support, but that’s likely to change now, meaning it could contribute to the risk of another government shutdown.

Get ready for more energy code fun ahead.

Editor's note: A previous version of this article included Louisiana in a list of states that use an older building energy code. It switched to a newer version earlier this year. The article has been corrected. We regret the error.

Yellow

You’re out of free articles.

Subscribe to access Heatmap's exclusive climate and energy polling, award-winning journalism, and subscriber-only events. Save $57 on an annual subscription, just $156 $99/year.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Energy

The Last-Minute Changes to the Senate Permitting Deal, Explained

A new version of the bill strives to address environmental and tribal concerns while strengthening some of its transmission provisions.

Power lines and data center construction.
Heatmap Illustration/Getty Images

We now have the updated final text of the bipartisan Senate permitting deal. Will it be enough to get the bill across the finish line?

On Saturday morning, senators released a reworked version of the Bipartisan Affordability and American Jobs Act. This version, known as a “manager’s amendment” under parliamentary procedure, aims to address many of the concerns and criticisms raised about the bill and will become the official legislative text that ultimately gets a vote in the Senate. There’s something in these changes for everyone – environmentalists, tribes, utilities – but it remains to be seen if they put the bill into a Goldilocks zone.

Keep reading...Show less
Climate

What to Know About COP31

The “35x35” electrification pledge and an AI pledge are on the table.

Antalya, Turkey.
Heatmap Illustration/Getty Images

World leaders are flocking to the Mediterranean resort town of Antalya, Turkey, this weekend for the 31st United Nations Climate Change Conference, also known as COP31. The U.S., of course, will once again not attend, as President Trump not only withdrew the country from the Paris Agreement but also from the United Nations Framework Convention on Climate Change, the umbrella group that organizes the annual conferences. Still, 194 other governments will be there, putting their heads together on how to move another few inches toward a safer future.

This year, as with the last several convenings, the meeting arrives against a backdrop of geopolitical instability, worsening climate impacts, and growing concern about energy security and affordability. While conflicts like the Iran war in some ways bolster the case for the energy transition by surfacing the risks of fossil fuel dependence, prioritizing energy security can manifest as countries turning inward and showing less willingness to work for the global good.

Keep reading...Show less
Green
Politics

California Just Voted for Single-Payer Wildfire Insurance

Progressive candidate Jane Kim declared victory in the race for California Insurance Commissioner.

Jane Kim and Ben Allen.
Heatmap Illustration/Getty Images, Jane Kim, Ben Allen

Few political wonks outside of California were likely paying much attention to the Golden State on Tuesday night, as Democrats’ anticipated blue wave crested. But the state did have one close, consequential race on the ballot: insurance commissioner. On Friday, Bernie Sanders-endorsed progressive Jane Kim won the race to lead the California Department of Insurance, which oversees the state’s $452 billion insurance market.

Kim declared victory over the more moderate State Senator Ben Allen, who was backed by the California Democratic Party, after reaching a nearly six-point lead on Friday. In a brief speech before supporters, Kim said Allen called to congratulate her that morning. (A spokesman for the Allen campaign confirmed the call to The Orange County Register.) Kim ran on a proposal for a state-run, single-payer insurance program that would cover homeowners against wildfire damage — though the plan would ultimately need approval from both the California legislature and Governor-elect Xavier Becerra.

Keep reading...Show less
Yellow