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Groups to take Martinez administration to court over building code rollback

By Matthew Reichbach

The New Mexico Environmental Law Center announced Monday that a group including small businesses and energy efficiency groups are challenging the rollback of energy conservation building codes.

The action comes a month after the State Construction Industries Commission voted 7-1 to roll back the energy efficiency building codes.

Clearly New Mexico reported on the June 10 vote to roll back the energy efficiency building codes to the levels that they were at in 2009, the lowest possible to still receive funding from the Department of Energy.

“The Construction Industries Commission and the Construction Industries Division appear to have taken this action despite the absence of evidence supporting repeal of the energy conservation codes” said NMELC attorney and Executive Director Douglas Meiklejohn in a statement Monday. “We hope that the Court of Appeals will determine that decisions such as these must be supported by evidence in the record.”

One bone of contention is the process used to vote on the building codes.

Shrayas Jatkar of the Sierra Club New Mexico said in the public comment portion of the Construction Industries Commission meeting last month that there was a “stark difference” between the process used to roll back the building codes and the process that led to the building codes changes in December of 2010.

“It took 14 months to develop the code last time around and there were open meetings,” Jatkar told Clearly New Mexico in a short interview. The decision to roll back the energy efficiency building codes happened six months after Susana Martinez took office and replaced members of the commission.

The appeals were, according to a press release by NMELC, filed by NMELC “for Environment New Mexico, Southwest Energy Efficiency Project, Sundancer Creations Custom Builders, LLC, eSolved, Inc., and several individuals who supported the adoption of the codes promulgated in 2010.”

The codes would reduce energy use by about 20 percent.

Martinez’s administration said the codes were too costly for builders to implement and that would be passed on to property owners. The lawsuit says there is no evidence supporting the action that the Construction Industries Commission took.

“The Construction Industries Commission and the Construction Industries Division appear to have taken this action despite the absence of evidence supporting repeal of the energy conservation codes” said Douglas Meiklejohn, NMELC attorney and Executive Director, in a statement. “We hope that the Court of Appeals will determine that decisions such as these must be supported by evidence in the record.”



One thought on “Groups to take Martinez administration to court over building code rollback

  1. Things are very wrong in the Construction Industries Division, and the Commission is following suit. The real culprit is J. Dee Dennis, the Superintendent of the Regulation and Licensing Department. For example, this past session, he pushed legislation to eliminate the powers of the CIC, and to change the CID Bureau Chiefs from CID employees to being appointed by the RLD Superintendent. And by the way, CID has rolled back to the 2006 codes, not the 2009.