ACCA & HARDI Continue Efforts to Address Flawed City Energy Codes

June 1, 2008
The Air Conditioning Contractors of America (ACCA) hosted a second town hall meeting for Albuquerque HVACR contractors and distributors in as many months

The Air Conditioning Contractors of America (ACCA) hosted a second town hall meeting for Albuquerque HVACR contractors and distributors in as many months on March 26, 2008, to discuss the latest news and industry efforts to work with the city to rectify its controversial Energy Conservation Codes signed into law in January.

Eight wholesale distributor members of the Heating, Airconditioning, and Refrigeration Distributors International (HARDI) that supply the Albuquerque market — Doc Savage Supply, Contractors Heating & Supply, Albuquerque Winair, Hercules Industries, Burke Engineering, Johnstone Supply, Perry Supply and Gorman Industries — sponsored the meeting and have been prime drivers of the industry's efforts to address the troublesome codes.

The Albuquerque Energy Codes attempt to raise HVACR equipment standards within the city limits on all new and retrofit commercial and residential applications to 15 SEER air-conditioning and 90 percent AFUE equipment. This violates the preemption doctrine that restricts states and local governments from setting energy efficiency standards in excess of the federal standard. Unless the City of Albuquerque obtains a waiver of preemption from the United States Department of Energy, it cannot enforce the Energy Codes. The current federal minimum standards are 13 SEER and 78 percent AFUE, respectively.

The federally noncompliant new codes were originally set to go into effect on April 1, 2008, but thanks to overwhelming pressure from the local HVACR community, their residential and commercial customers and the industry's manufacturing, distribution and contractor national associations, the city pushed back the effective date to July 1, 2008 to provide time to potentially amend the codes.

Representatives of the Air-Conditioning, Heating, and Refrigeration Institute (AHRI), ACCA and HARDI, along with local contractors and distributors, met with city leaders and the Mayor's office earlier in the week to discuss the problems with the Energy Codes. Along with the federal preemption issues, contractors and distributors are concerned that the new Energy Code will have the unintended consequence of pricing new heating and cooling equipment beyond the reach of most consumers due to higher installation costs. At the same time, contractors are unsure that enforcement will stop illegal installations of cheaper, less-efficient equipment by unlicensed contractors.

Visit www.hardinet.org for additional information.