Notice of Public Hearing

The Construction Industries Commission will convene a public hearing for the repeal and replacement of 14.7.6 NMAC – 2018 New Mexico Residential Energy Conservation Code and 14.7.9 NMAC – 2018 New Mexico Commercial Energy Conservation Code. The hearing will be held before a hearing officer, at which time any interested person is invited to submit data, views, or arguments on the proposed changes, either orally or in writing, and to examine witnesses testifying at the hearing. The hearing is scheduled for Wednesday, January 3, 2024.

The purpose of this public rule hearing is to receive public comments regarding the repeal the 2018 New Mexico Energy Conservation Codes and replaced with the 2021 Energy Conservation Codes. The Energy Conservation Codes establish minimum standards for energy conservation for residential and commercial construction in New Mexico.

The statutory authority for this rulemaking is found in the New Mexico Construction Industries Licensing Act, Subsections F and K of Section 60-13-9 and Section 60-13-44 NMSA 1978.

The hearing is scheduled as follows:

An in-person hearing shall be held on Wednesday, January 3, 2024, at the Regulation and Licensing Department, 5500 San Antonio Drive NE, Albuquerque, NM, Sandia Conference room, starting at 9:30 a.m. The hearing will remain open until 10:00 a.m. or until participants have an opportunity to make public comments, whichever is longer.

Interested persons may obtain copies of the proposed rule changes by logging onto the Construction Industries Division website (www.rld.nm.gov/construction-industries) to download the proposed rules or by written request to the Albuquerque CID Office – Regulation and Licensing Department, 5500 San Antonio Drive NE, Suite F, Albuquerque, NM 87109, attention: Quindi Otero-Robertson.

You may send written comments to: Construction Industries Division, – Regulation and Licensing Department, 5500 San Antonio Drive NE, Suite F, Albuquerque, NM 87109, Attention: Public Comments. Written comments may also be faxed to (505) 765-5670 or submitted to Quindi Otero-Robertson at her email address: Quindi.Otero@rld.nm.gov.

All written comments must be received no later than 5:00 p.m., on Tuesday, January 2, 2024. You may also review submitted comments by requesting copies from Quindi Otero-Robertson at her email address above. Public comments will be posted on the division’s website (www.rld.nm.gov/construction-industries). Written comments may also be received by the Commission at the in-person hearing until the hearing is closed. All public comments received shall be admitted into the record during the public hearing.

If you require special accommodation to attend the hearing, please notify CID by phone, email, or fax, of such needs as soon as possible to ensure adequate accommodation. Telephone: (505) 546-2195. Email: Quindi.Otero@rld.nm.gov; Fax No. (505) 765-5670.

Notice of Proposed Hearing

CLICK HERE TO VIEW

Proposed Rules

14.7.9 Commercial
14.7.6 Residential

170 Comments

  1. Dear Construction Industries Division,

    Electrification is going to be the norm if we are going to win against climate change. Why not be a leading state rather than address it later when we have no choice.

    I am writing to express my strong support for New Mexico?s adoption of the 2021 Energy Conservation Codes for buildings along with EV-ready requirements.

    In addition to keeping up with the latest code updates to improve the energy efficiency of buildings, I support the additional proposal to require all new buildings be EV-ready, making it easier for homeowners, residents of multifamily units and users of commercial parking lots to charge their electric vehicles.

    The codes call for most new construction to include EV chargers at 5% of parking spaces, and another 5 to 15%, depending on the building type, must have the electrical infrastructure to accommodate future chargers.

    Modern energy codes are critical for creating a safe climate and energy savings through weatherization and more efficient heating and cooling equipment. Considering the passage of Clean Cars and Trucks standards and the commercial shift to EVs announced by major automakers, these are common-sense, forward-thinking steps.

    I care deeply about the climate crisis and my children?s future. Stronger energy codes reduce climate pollution and other air pollutants, improving our families? health, all while lowering utility bills, so I have more money to contribute to our local economy.

    Sincerely,

    Glenn Schiffbauer
    519 Vera Dr.
    Santa Fe, NM 87501
    glennschiffbauer@gmail.com
    (505) 501-0222

  2. Dear Construction Industries Division,

    I am writing to express my strong support for New Mexico?s adoption of the 2021 Energy Conservation Codes for buildings along with EV-ready requirements.

    In addition to keeping up with the latest code updates to improve the energy efficiency of buildings, I support the additional proposal to require all new buildings be EV-ready, making it easier for homeowners, residents of multifamily units and users of commercial parking lots to charge their electric vehicles.

    The codes call for most new construction to include EV chargers at 5% of parking spaces, and another 5 to 15%, depending on the building type, must have the electrical infrastructure to accommodate future chargers.

    Modern energy codes are critical for creating a safe climate and energy savings through weatherization and more efficient heating and cooling equipment. Considering the passage of Clean Cars and Trucks standards and the commercial shift to EVs announced by major automakers, these are common-sense, forward-thinking steps.

    I care deeply about the climate crisis and my children?s future. Stronger energy codes reduce climate pollution and other air pollutants, improving our families? health, all while lowering utility bills, so I have more money to contribute to our local economy.

    Sincerely,

    Maresa Pryor-Luzier
    30 Yucca Circle, #191
    Datil, NM 87821
    mpluzier@gmail.com
    (505) 401-4881

  3. Hello,

    Please accept these supporting comments from the American Lung Association.

    Thank you.

    JoAnna Strother
    Senior Director | Advocacy
    American Lung Association in New Mexico
    C: 812-205-1505
    Lung HelpLine: 1-800-LUNGUSA
    Lung.org | JoAnna.Strother@Lung.org

    NMIECC.Support

  4. Dear New Mexico Construction Industries Commission,
    This letter is to express support for the repeal and replacement of 14.7.6 NMAC—2018 New Mexico Residential Energy Conservation Code and 14.7.9 NMAC—2018 New Mexico Commercial Energy Conservation Code on behalf of the New Mexico Health Professionals for Climate Action. NMHPCA’s mission is to mobilize New Mexico healthcare and public health professionals to advocate for climate solutions that protect health and promote equity. The adoption of the proposed 2021 Energy Conservation Codes aligns closely with NMHPCA’s mission and will have a significant impact on public health in addition to addressing climate change.
    The burden of respiratory disease linked to poor air quality in New Mexico can be eased with the adoption of the proposed 2021 Energy Conservation Codes. Traffic-related air pollution caused by personal and commercial gasoline or diesel vehicles contributes to poor air quality. It has the potential to exacerbate pre-existing respiratory conditions such as asthma and increase the lifetime risk of developing cancer. Children and pregnant people are particularly vulnerable.
    Investing in electric vehicle infrastructure and committing to making it accessible for all New Mexicans will have the dual impact of reducing automobile air pollution and, therefore, promoting New Mexicans’ health, and will play a significant role in moving the energy sector into a sustainable future for the next generation of New Mexicans.
    NMHPCA urges the Commission to view the health impacts their vote today will have. Your vote is critical to advancing society’s fight for equity, health, and its future.
    Thank you,
    Shelley Mann-Lev, MPH
    Executive Director
    New Mexico Health Professionals for Climate Action
    505-946-8676

  5. Dear Construction Industries Division,

    Let’s lead the nation from New Mexico. It’s going to get hotter and drier and we can do something about it here using our incredible solar resources and some new wiring, while creating good jobs for young electricians (my son is 10)!!

    I am writing to express my strong support for New Mexico?s adoption of the 2021 Energy Conservation Codes for buildings along with EV-ready requirements.

    In addition to keeping up with the latest code updates to improve the energy efficiency of buildings, I support the additional proposal to require all new buildings be EV-ready, making it easier for homeowners, residents of multifamily units and users of commercial parking lots to charge their electric vehicles.

    The codes call for most new construction to include EV chargers at 5% of parking spaces, and another 5 to 15%, depending on the building type, must have the electrical infrastructure to accommodate future chargers.

    Modern energy codes are critical for creating a safe climate and energy savings through weatherization and more efficient heating and cooling equipment. Considering the passage of Clean Cars and Trucks standards and the commercial shift to EVs announced by major automakers, these are common-sense, forward-thinking steps.

    I care deeply about the climate crisis and my children?s future. Stronger energy codes reduce climate pollution and other air pollutants, improving our families? health, all while lowering utility bills, so I have more money to contribute to our local economy.

    Sincerely,

    RACHEL COLEMAN
    637 Jefferson NE
    Albuquerque, NM 87110
    racoleman@gmail.com
    (505) 331-2360

  6. Dear Construction Industries Division,

    I am writing to express my strong support for New Mexico?s adoption of the 2021 Energy Conservation Codes for buildings along with EV-ready requirements.

    In addition to keeping up with the latest code updates to improve the energy efficiency of buildings, I support the additional proposal to require all new buildings be EV-ready, making it easier for homeowners, residents of multifamily units and users of commercial parking lots to charge their electric vehicles.

    The codes call for most new construction to include EV chargers at 5% of parking spaces, and another 5 to 15%, depending on the building type, must have the electrical infrastructure to accommodate future chargers.

    Modern energy codes are critical for creating a safe climate and energy savings through weatherization and more efficient heating and cooling equipment. Considering the passage of Clean Cars and Trucks standards and the commercial shift to EVs announced by major automakers, these are common-sense, forward-thinking steps.

    I care deeply about the climate crisis and my children?s future. Stronger energy codes reduce climate pollution and other air pollutants, improving our families? health, all while lowering utility bills, so I have more money to contribute to our local economy.

    Sincerely,

    Miya King-Flaherty
    2946 Madison St NE
    Albuquerque, NM 87110
    miya.king-flaherty@sierraclub.org
    (505) 301-0863

  7. Please see below for a comment for tomorrow’s hearing. Please also send a copy of all the submitted comments back to this email address. Thank you!

    Public Comment for record:
    The 2018 IECC calls for R49 insulation in the residential ceiling cavity for climate zone 4, whereas the 2021 IECC increases that to R60. Has there been a rigorous cost/benefit analysis completed to show that this insulation level increase saves more energy usage than the energy to increase the building height about 4” to accommodate the extra required space (as well as to manufacture the additional insulation)? Has CID considered that for many residential roof replacement projects, there is not enough parapet height to properly flash in the 7”+ of above deck insulation that may be required to comply with the alternate U-Factor table in the 2021 IECC?

  8. To the Regulation and Licensing Department of the Construction Industries Division:

    I urge the adoption of stronger energy codes because I care deeply about climate change and my children’s future. Stronger energy codes reduce greenhouse gas emissions and other pollutants, which is better for the planet and for our health.

    As a renter, I have lived in homes that leak considerable energy. I know the difference good, energy-saving construction can make in keeping utility costs lower and, even more important, reducing greenhouse gas emissions.

    Please be champions for the young people coming behind us. Please support stronger energy codes.

    Respectfully,
    Penelope Mainz

  9. Dear Construction Industries Division,

    I am writing to express my strong support for New Mexico?s adoption of the 2021 Energy Conservation Codes for buildings along with EV-ready requirements.

    In addition to keeping up with the latest code updates to improve the energy efficiency of buildings, I support the additional proposal to require all new buildings be EV-ready, making it easier for homeowners, residents of multifamily units and users of commercial parking lots to charge their electric vehicles.

    The codes call for most new construction to include EV chargers at 5% of parking spaces, and another 5 to 15%, depending on the building type, must have the electrical infrastructure to accommodate future chargers.

    Modern energy codes are critical for creating a safe climate and energy savings through weatherization and more efficient heating and cooling equipment. Considering the passage of Clean Cars and Trucks standards and the commercial shift to EVs announced by major automakers, these are common-sense, forward-thinking steps.

    I care deeply about the climate crisis and my children?s future. Stronger energy codes reduce climate pollution and other air pollutants, improving our families? health, all while lowering utility bills, so I have more money to contribute to our local economy.

    Sincerely,

    Haley Jones
    1914 Mountain Shadow Dr
    Carlsbad, NM 88220
    hayjay@ksu.edu
    (575) 361-7921

  10. Please find attached ChargePoint’s letter of support for provisions related to electric vehicle (EV) charging infrastructure for new residential and commercial construction within the 2021 Energy Conservation Codes under consideration by the Construction Industries Commission. Don’t hesitate to reach out if you have any questions.

    Happy new year,
    Mal

    Mal Skowron
    Regulatory Coordinator
    ChargePoint | chargepoint.com
    +1.908.307.1972 (direct)
     Please consider the environment and drive electric.

  11. Dear Construction Industries Division,

    I am writing to express my strong support for New Mexico?s adoption of the 2021 Energy Conservation Codes for buildings along with EV-ready requirements.

    In addition to keeping up with the latest code updates to improve the energy efficiency of buildings, I support the additional proposal to require all new buildings be EV-ready, making it easier for homeowners, residents of multifamily units and users of commercial parking lots to charge their electric vehicles.

    The codes call for most new construction to include EV chargers at 5% of parking spaces, and another 5 to 15%, depending on the building type, must have the electrical infrastructure to accommodate future chargers.

    Modern energy codes are critical for creating a safe climate and energy savings through weatherization and more efficient heating and cooling equipment. Considering the passage of Clean Cars and Trucks standards and the commercial shift to EVs announced by major automakers, these are common-sense, forward-thinking steps.

    I care deeply about the climate crisis and my children?s future. Stronger energy codes reduce climate pollution and other air pollutants, improving our families? health, all while lowering utility bills, so I have more money to contribute to our local economy.

    Sincerely,

    Catherine Lacey
    802 Spruce St
    Truth Or Consequences, NM 87901
    catherinelcy@yahoo.com
    (575) 894-6689

  12. Hello.
    I urge the Construction Industries Division, Regulation and Licensing Department, to adopt the 2021 Energy Conservation Codes for New Mexico.
    My wife has COPD and asthma. A more-stringent building code will improve indoor air quality, making it easier for her to breathe.
    Further, 2023 is the hottest year on record. As a desert state, we should do as much as we can to mitigate against climate change.
    Sincerely,
    Maurreen Skowran

  13. My name is Elena Agustin.

    I support the adoption of stronger energy codes because I care deeply about climate change and my children’s future. Stronger energy codes reduce greenhouse gas emissions and other pollutants, which is better for the planet and for our health.

    I am happy to provide more details or explanation for support, just let me know if that is helpful.

    All the best,
    Elena

    Elena M. Agustin
    , AIA, NCARB, LEED AP

    She / Her / Hers
    Principal
    Managing Director Albuquerque
    eagustin@pagethink.com

    TEL 505 456 5584
    DIRECT 505 456 5575
    CELL 505 803 3669

    Page Southerland Page, Inc.
    6501 Americas Parkway NE,
    Suite 600
    Albuquerque , NM 87110

    pagethink.com

    ARCHITECTURE / ENGINEERING / INTERIORS / PLANNING / CONSULTING

    Albany / Albuquerque / Atlanta / Austin / Boston / Charleston / Dallas / Denver / Dubai / Houston / Los Angeles / Mexico City / New York City / Orlando / Phoenix / Raleigh / Richmond / San Antonio / San Francisco / Tampa / Washington DC

  14. Dear Construction Industries Division,

    I am writing to express my strong support for New Mexico?s adoption of the 2021 Energy Conservation Codes for buildings along with EV-ready requirements.

    In addition to keeping up with the latest code updates to improve the energy efficiency of buildings, I support the additional proposal to require all new buildings be EV-ready, making it easier for homeowners, residents of multifamily units and users of commercial parking lots to charge their electric vehicles.

    The codes call for most new construction to include EV chargers at 5% of parking spaces, and another 5 to 15%, depending on the building type, must have the electrical infrastructure to accommodate future chargers.

    Modern energy codes are critical for creating a safe climate and energy savings through weatherization and more efficient heating and cooling equipment. Considering the passage of Clean Cars and Trucks standards and the commercial shift to EVs announced by major automakers, these are common-sense, forward-thinking steps.

    I care deeply about the climate crisis and my children?s future. Stronger energy codes reduce climate pollution and other air pollutants, improving our families? health, all while lowering utility bills, so I have more money to contribute to our local economy.

    Sincerely,

    Katrina Hanson
    131 Southland Rd
    Alamogordo, NM 88310
    katrinapie443@gmail.com
    (530) 566-7718

  15. Dear Construction Industries Commission,

    In my role as a credentialed sustainability specialist, former UNM educator, intern architect and board member of the American Institute of Architects Committee on the Environment, I am impassioned to champion the adoption of stronger energy codes and the seamless integration of Electric Vehicle (EV) infrastructure within our community, specifically focusing on their impact in supporting sustainability in New Mexico.

    In particular, I would like to point out the advantages of the following components of the 2021 Energy Conservation Codes:

    • Stronger Energy Codes: The implementation of robust energy codes signifies a pivotal step towards sustainability in our state. These codes not only promise reduced utility bills and economic growth but also contribute significantly to New Mexico’s environmental preservation. By fostering the construction of resilient, energy-efficient homes, we address the unique climate challenges of our region and promote healthier living spaces for our residents.

    • Integration of EV Infrastructure: Embracing EV infrastructure within our community signifies a proactive step toward a more sustainable future for New Mexico. These initiatives not only lay the groundwork for future EV adoption but also position us to embrace technological advancements such as bi-directional charging capabilities. While these innovations are on the horizon, integrating EV infrastructure today demonstrates our commitment to future-forward solutions, enhancing energy efficiency and reducing our environmental footprint.

    Your support for these initiatives will contribute significantly to advancing sustainability in New Mexico, setting a precedent for forward-thinking development practices that prioritize our environment and community well-being.

    Thank you for your consideration and dedication to creating a more sustainable New Mexico.

    Warm regards,

    Huang Banh, Associate
    Director of Design, LEED AP BD+C, GPCP, GGP, Assoc. AIA

    READ ABOUT OUR COMMITMENT
    Tel: 505.242.2852
    http://www.verdacity.us

  16. Good afternoon,

    I have enclosed a public comment from Southwestern Public Service (SPS) regarding CID’s energy code updates to the 2021 IECC, as currently under consideration. Thanks for the opportunity to comment.

    Best,
    Charlotte

    Charlotte Hough
    Xcel Energy
    Pronouns: She/her
    Senior Strategy and Policy Analyst, Clean Transportation
    Customer Energy & Transportation Solutions
    1800 Larimer Street, 14th Floor
    Denver, Colorado 80202-5534
    P: 617.875.9044
    E: charlotte.m.hough@xcelenergy.com

    SPS Public Comment_NM CID Code Updates_Final

  17. To The Hearing Officer

    The rather significant increases in envelope requirements will make this new code very very difficult to work with, much more expensive, and just plain undesirable. I am against this adoption.

    Further, at the last energy seminar I attended, one of the presenters mentioned that the ICC has already proposed for the 2023 IECC to drop the requirements back to the 2018 levels! It would be a mistake to even consider the 2021 code until a better understanding is available of the ICC’s future intentions.

    Absolutely against this.

    Sincerely

    James C Lewis • Architect
    General Design, Inc.
    904 Princeton SE
    Albuquerque NM 87106
    505-247-1529 (work)
    505-238-7721 (mobile)
    gdi@mac.com

  18. Dear Construction Industries Division,

    This is a great start, to helping New Mexicans. I’d like to see solar panel (PV cells) as code for new construction. What a great resource we have here in NM and we are not taking advantage of it.

    I am writing to express my strong support for New Mexico?s adoption of the 2021 Energy Conservation Codes for buildings along with EV-ready requirements.

    In addition to keeping up with the latest code updates to improve the energy efficiency of buildings, I support the additional proposal to require all new buildings be EV-ready, making it easier for homeowners, residents of multifamily units and users of commercial parking lots to charge their electric vehicles.

    The codes call for most new construction to include EV chargers at 5% of parking spaces, and another 5 to 15%, depending on the building type, must have the electrical infrastructure to accommodate future chargers.

    Modern energy codes are critical for creating a safe climate and energy savings through weatherization and more efficient heating and cooling equipment. Considering the passage of Clean Cars and Trucks standards and the commercial shift to EVs announced by major automakers, these are common-sense, forward-thinking steps.

    I care deeply about the climate crisis and my children?s future. Stronger energy codes reduce climate pollution and other air pollutants, improving our families? health, all while lowering utility bills, so I have more money to contribute to our local economy.

    Sincerely,

    Karla Bush
    9127 Lansdowne PL
    Albuquerque, NM 87113
    kmelendezbush@gmail.com
    (505) 314-3343

  19. Please see my testimony (attached) in favor of electric vehicle charging infrastructure for new apartment building construction.

    Thank you.

    John


    John Maddaus
    3136 Indiana St NE
    Albuquerque, NM 87110
    Phone: 207-631-4123
    E-mail: john.maddaus@gmail.com

    Maddaus,John,Building Code testimony, 010224

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