Delaware’s Department of Natural Resources & Environmental Control Declines Proposal to the States Current Energy Code Requirements.
In the August 8th Update on End Use Codes and Standards, we reported on the Delaware Department of Natural Resources & Environmental Control (DDNR&EC) proposed regulatory action that included the adoption of the 2024 International Energy Conservation Code (IECC) with zero net energy capable amendments for residential buildings. AGA submitted comments (attached) that provided information and data on the importance to Delaware consumers of maintaining the availability of the efficient direct use of natural gas for homes and businesses in Delaware. The comments detailed the fact that natural gas providers have a proven track record of reducing Green House Gas (GHG) emissions, that building energy codes and standards must be fuel neutral and based on total energy ( source or full fuel cycle metrics) use and that the Department’s proposal should fully embrace the use of renewable gases and hydrogen/hydrogen blends for their benefits. Absent these considerations in the Department’s proposal, we requested that the Department not implement the proposed “Regulations for State Energy Conservation Code”. This past Monday October 27th, the Secretary of the Delaware Department of Natural Resources and Environmental Control (DNREC), announced (attached) that he was declining to approve it as proposed, and directing the departments staff to re-propose modified regulations. Of particular interest is that he also stated that “there are also significant concerns about the cost of the net zero requirements. Comments from both builders and from housing advocates suggested that the zero net energy capable standards would increase the cost of new homes – an increase calculated at $14,000 to $26,000 by the Home Builders Association of Delaware. DNREC energy staff question this figure but agree that there would be some significant cost of compliance.” He went on to state that “When the zero net energy capable requirement was enacted in 2009, elected officials also could not have known that the state would be in a housing affordability crisis at the time this requirement came due.” Therefore, the energy staff re-proposed modified form of these regulations will not include a requirement of zero net energy capable construction. We will provide updates on the DNREC staffs re-proposed modified form response when available.
State Codes Activity Update.
Attached is a weekly feature of the “Friday Update” covering state code calendar activities as presented by the online utility “Fiscal Note,” which is sponsored by APGA and AGA Code and Standards. Please review the update and determine if there are state code activities that impact your service territory or organization.