Nebraska

Current Codes

2011 Nebraska Energy Code

Code Type: Residential, Commercial, Public Buildings

Based on: 2009 IECC, ASHRAE 90.1-2007 Mandatory

Date Effective: Saturday, August 27, 2011

Date Passed: Thursday, April 14, 2011

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Additional Code Information

Code Adoption & Change Process

Code Change Process:

Legislative: In Nebraska, the authority to update the state’s energy code lies with the Unicamerial Legislature. Before a bill is introduced, NEO staff consult with the Governor’s office and community stakeholders as they develop legislative language. When the language is deemed satisfactory, the Governor’s office selects a legislator to introduce the bill, which is assigned to a committee by the Speaker of the Legislature. Successful legislation would be approved by the committee and the full chamber, ultimately being signed into law by the Governor. In general, non-emergency laws become effective 90 days after the Legislature adjourns sine die.

Code Change Cycle:

No set schedule. The Nebraska Energy Office reviews every model code edition as it is published, though it is up to t he Legislature whether or not to update the state code. The latest update became effective August 27, 2011.

Next Code Update:

NEO will analyze the latest editions of the model energy codes – the 2012 IECC and ASHRAE Standard 90.1-2010 – for possible future state codes some time after the 2012 IECC is published in July 2011. While the state is not likely to update the Nebraska Energy Code to the 2012 IECC, NEO expects most of the leading permit-issuing jurisdictions – Omaha, Lincoln, and Douglas, Sarpy, and Lancaster Counties – to at least investigate the costs and benefits of above-code adoptions. One jurisdiction, Douglas County, has already requested more information about the 2012 IECC from NEO.

History

Over the past three decades, the Unicameral has periodically, but infrequently, updated N.A.C. Title 107. In 1980, LB 954 was passed by the Legislature and signed into law by the Governor to promote the conservation of energy resources and to provide for public health, safety and welfare. It directed the State Energy Office to enforce the Lighting and Thermal Standards portion of the law based on the ASHRAE/IES Standard 90-1975, the first building energy efficiency standards in the state.

The original legislation has since been modified by LB 2 (1981), LB 799 (1982), LB 124 (1983), LB 315 (1985), LB 622, (1997), LB 1135 (2000), and LB 888 (2004). The 1985 update referenced the 1983 MEC, and the 2000 update referenced the 1998 IECC. In 2004, LB 888 made significant changes in the state’s Thermal and Lighting Standards (renamed the Nebraska Energy Code), spurring a complete revision of the Rules and Regulations which govern the Nebraska Energy Code. This bill updated the code to the 2003 IECC.

2011 Update: In April 2011, the state's Unicameral Legislature approved LB 329, adopting the 2011 Nebraska Energy Code and updating the code’s references to the 2009 IECC and ASHRAE 90.1-2007. The changes became effective August 27, 2011.

In 2004, LB 888 modified the Nebraska Energy Code to include new and renovated state buildings with the code’s purview. This reference will be updated to the 2009 IECC when LB 329 takes effect on August 27, 2011.

NEO will analyze the latest editions of the model energy codes – the 2012 IECC and ASHRAE Standard 90.1-2010 – for possible future codes for state construction some time after the 2012 IECC is published in July 2011.

Local Adoption Spotlight: Some key jurisdictions have chosen to go beyond the state code. When the state energy code was based on the 2003 IECC before the 2011 udpate, the city of Omaha adopted the 2006 IECC for nonresidential buildings and the energy efficiency section (Chapter 11) of the 2006 IRC for residential buildings in 2008. The city of Lincoln has adopted Chapter 11 of the 2006 IRC with local amendments for residential buildings. It has also adopted the 2006 IBC for commercial buildings, but the energy efficiency section (Chapter 13) has been deleted and will be covered by the state’s regulations. Both updates were adopted in 2008 (they have since been superceded by the 2011 Nebraska Energy Code based on the 2009 IECC).

While the state is not likely to update the Nebraska Energy Code to the 2012 IECC, NEO expects most of the leading permit-issuing jurisdictions – Omaha, Lincoln, and Douglas, Sarpy, and Lancaster Counties – to at least investigate the costs and benefits of above-code adoptions. One jurisdiction, Douglas County, has already requested more information about the 2012 IECC from NEO.

Basic Facts

Climate Zone:

5A (zones based on DOE's most recent zoning: zone numbers based on a spectrum, zone 1 represents very hot weather and zone 8 represents subarctic weather. Letters indicate climate type, A-Humid, B-Dry, C-Marine)

Population:

1,796,619 (2009, U.S. Census Bureau)

Construction Activity:

New Housing Units Authorized by Permit:
Total units: 6,346
Number of Housing Units by Structure Type:
1 unit: 4,690
2 units: 142
3 and 4 units: 36
5 or more units: 1,478
(2008, Real Estate Center)

Projected Construction Rate:

Single family dwelling:4,799 (-20% less than previous year), and with an avarage value of $155,000 per unit.
(2008, Real Estate Center)

CO2 Emissions:

43.87 MMT CO₂ (2007)

Energy Data

Primary Energy Source:

Petroleum: 35.1% (2007, EIA)

Energy Consumption:

Total Annual Energy Consumption of 692.9 trillion Btu (2007, EIA)

Energy Expenditures:

7,876.6 Million Nominal Dollars (2007, EIA)

Energy Snapshot:

8% of the state’s natural gas supply is used for heating the home.

Natural gas is the largest consumed source of energy for the state’s residential sector.

Residential use of natural gas in Nebraska costs up to $8.86/thousand cu ft.

Source: United States Global Change Research Program

Climate Concerns

Regional Issues & State Action:

According to the United States Global Change Research Program, the Midwest has experienced rising average temperatures with the largest warming seen in the winter months. The growing season has been extended by one week because of earlier last spring frosts and precipitation has become more frequent including increased instances of heavy downpours. Since the 1980s, large heat waves have become more frequent than any time in the last century. These effects of climate change are predicted to continue, threatening the region’s economy, landscape, character, and quality of life.

Although Nebraska does not have an official climate action plan, the Department of Environmental Quality conducts emissions inventories each year collecting data from 700 facilities that are required to report emissions and consumption data. In addition, the State Energy Office has been accepting ideas from Nebraskan residents for the State Energy Plan. After comments were received, the state analyzed the ideas and created an interim Nebraska Energy Plan. This draft plan includes recommendations to improve the building energy code as well as compliance and enforcement of the code and creating incentives for efficient buildings.

BCAP Estimated Energy Savings

Contact Paul Karrer for savings information for your state Pkarrer@ase.org.

Resources

Nebraska Strategic Energy Codes Plan

posted by Paul Karrer
Energy Code Training Best Practices: Nebraska

posted by Paul Karrer
Homeowners Energy Code Checklist: Nebraska

posted by Paul Karrer
Homeowners Energy Code Guide: Nebraska

posted by Paul Karrer
Incremental Cost Analysis Justification: Nebraska

posted by Paul Karrer

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Advocacy Opportunities	Status	Explanations
Adopt Mandatory Codes		Residential Nebraska has a mandatory statewide residential code based on the 2003 IECC. The code applies to all new buildings and renovations or additions. However, only those renovations that will cost more than 50 percent of the replacement cost of the building must comply with the code. Commercial Nebraska has a mandatory statewide commercial code based on the 2003 IECC. Cities and counties may adopt codes that differ from the Nebraska Energy Code; however, state law requires the adopted code to be equivalent.
Adopt an Automatic Review & Update Process		Nebraska does not observe a set schedule for reviewing and updating Nebraska’s energy codes. The last update took place on July 1, 2005
Create a Regulatory Process		Nebraska uses a legislative process for changes to the statewide energy code.
Improve Compliance		Residential If a town or county has not adopted an energy code or does not wish to adopt an energy code, the Nebraska Energy Office will enforce the Code in that jurisdiction. Local jurisdictions are not required to adopt or enforce the code. Commercial If a town or county has not adopted an energy code or does not wish to adopt an energy code, the Nebraska Energy Office will enforce the Code in that jurisdiction. Local jurisdictions are not required to adopt or enforce the code.
Eliminate Weakening Amendments
Add Strengthening Amendments
Allow Innovation at the Local Level		Cities and counties may adopt codes that differ from the Nebraska Energy Code; however, state law requires the adopted code to be equivalent to the Nebraska Energy Code. The City of Omaha is guiding the way for other cities to take the initiative in adopting updated codes by mandating the 2006 IECC in October 2007.
Set Milestones		In September of 2008, Nebraska won an award of $303,065 from the federal government to increase the state's economic and energy independence and become a national leader in energy efficiency and energy building code initiatives. The funding will provide necessary support for adoption and implementation of a commercial building energy code that is 30 percent beyond the building and lighting requirements set forth in ASHRAE 90.1-2004 and 2006 IECC.
Adopt Green Codes

August 2009

Resources:

ICLEI - international association of local governments and their associations
www.iclei.org
Nebraska has one local government member:
Hastings

Mayors Climate Protection Center
www.usmayors.org
Three Nebraska Mayors have signed The U.S. Conference of Mayors’ Climate Protection Agreement:
(City)
Bellevue, Lincoln, and Omaha.

Western Governors’ Association
www.westgov.org
Governor Dave Heineman is an active participant.

International Codes Council (ICC) Regional Support and State Offices:
Ms. Janice Moy
ICC Chicago District Office
4051 West Flossmoor Road
Country Club Hills, IL 60478
Phone: 1-888-422-7233, Ext. 4525
JMoy@iccsafe.org

Mr. Patrick Coughlin
Regional Manager
4719 Black Swan Drive
Shawnee Mission, KS 66216-1234
Phone: 1-888-422-7233, Ext. 6273
PCoughlin@iccsafe.org

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