Energy efficiency standards for building construction; extend date of repeal., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Energy

By: Senator(s) Carter

Senate Bill 2308

(As Sent to Governor)

AN ACT TO AMEND SECTION 57-39-21, MISSISSIPPI CODE OF 1972,
TO EXTEND THE DATE OF REPEAL ON CERTAIN STANDARDS THAT PROMOTE EFFICIENT ENERGY
USE TO BE IMPLEMENTED DURING THE DESIGN, DIRECTION, CONSTRUCTION AND ALTERATION
OF CERTAIN BUILDINGS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section
57-39-21, Mississippi Code of 1972, is amended as follows:

57-39-21.  (1)  The
Mississippi Development Authority, in consultation with other appropriate professional
groups and organizations, and others knowledgeable in the subject, shall
review, amend and adopt, in accordance with Standard 90.1- 2016 of the American
Society of Heating, Refrigeration and Air-Conditioning Engineers, energy code
standards for building construction, standards for computer-based energy
management systems, standards for systems for cogeneration of heating, cooling
and electricity, and standards for design to use passive solar energy concepts,
in order to promote the efficient use of energy.  For the purposes of
this section, "building" shall mean any structure which includes
provisions for a heating or cooling system, or both, or for a hot water system,
except exempted buildings.  Unless it is an exempted building, each of the following
are examples of buildings, within the meaning of this section:

(a)  Any building which
provides facilities or shelter for public assembly, or which is used for
educational, office or institutional purposes;

(b)  Any inn, hotel,
motel, sports arena, supermarket, transportation terminal, retail store,
restaurant or other commercial establishment which provides service or retail
merchandise;

(c)  Any portion of an
industrial plant building used primarily as office space; and

(d)  Any building owned
by a state or political subdivision or instrumentality thereof, including
libraries, museums, schools, hospitals, auditoriums, sports arenas and
university buildings.

(2)  Exempt buildings shall
include:

(a)  Buildings and
structures or portions thereof whose peak design rate of energy usage is less
than three and four-tenths (3.4) British thermal units per hour per square foot
or one (1.0) watt per square foot of floor area for all purposes;

(b)  Buildings and
structures or portions thereof which are neither heated nor cooled by fuel;

(c)  Any mobile home;

(d)  Any privately
owned, noncommercial building or structure whose construction, heating, cooling
or lighting arrangement is not in conflict with federal law;

(e)  Any building owned
or leased, in whole or in part, by the United States government.

(3)  Beginning July 1, 2013,
the design, direction, construction and alteration of any building for which
the standards promulgated pursuant to subsection (1) of this section applies
shall be accomplished so that the building or applicable portions thereof shall
meet or conform to the standards.  The Mississippi Development Authority shall
not have enforcement over this section.  Local governing authorities shall
adopt rules and regulations for the administration and enforcement of this
section and such penalties for violations of this section as they deem
appropriate, except in regard to buildings owned by the state.  In state-owned
buildings, the Department of Finance and Administration, Bureau of Building,
Grounds and Real Property Management, shall provide for the compliance with the
standards adopted under this chapter.  Local governing authorities are
authorized to adopt rules and regulations as developed and promulgated by the
department for the administration and enforcement of these standards and to
adopt such penalties for violations of the standards as they deem appropriate.
Local governing authorities are authorized to establish an inspection fee for
the inspection of thermal and lighting standards in an amount not to exceed One
Hundred Fifty Dollars ($150.00).

(4)  This section shall
stand repealed from and after July 1, * * * 2026 2029.

SECTION 2.  This act
shall take effect and be in force from and after June 30, 2026.