Position Paper - HB22-1362

Author: Meghan Dollar

April 18, 2022


HB22-1362 mandates that municipalities adopt and enforce minimum building codes relating to energy. The content and adoption of a building code and the enforcement of that code are within the purview of local governments and local building departments. HB22-1362 removes that authority from local governments by creating a vague statewide mandate and broadly oversteps into matters of municipal concern. The bill mandates the specific details of local legislation and undermines the legislative authority of city councils and town boards. The bill ignores the needs and unique capabilities of each local community in the state and co-opts the resources of local governments to achieve an uncertain state goal.

Why CML opposes HB22-1362:

CML consistently opposes legislation that mandate the adoption of certain building codes. Local governments are best equipped to discern which codes meet their communities’ needs and to determine how to allocate their resources. Local legislators contemplate all needs of their community when considering building codes, including energy codes. In addition to climate concerns, they must consider safety, housing affordability, economic development, and planning concerns. Building codes are a local and municipal concern and a local decision.  

Related Document

HB 1362 Position Paper