FLORIDA BUILDING COMMISSION

2010 FLORIDA ENERGY CODE WORKGROUP

February 3, 2009

Crown Plaza Melbourne; 2605 North A1A Highway, Melbourne Florida; 800.980.6429

 

Meeting Objectives

ü      To Approve Regular Procedural Topics (Agenda)

ü      To Review Workgroup Procedures, Guidelines, and Decision-Making Requirements

ü      To Hear an Overview of the Workgroup’s Scope, Charge, and Task Development Strategy

ü      To Discuss Subtasks and Identify Information Development Needs

ü      To Consider Public Comment

ü      To Identify Needed Next Steps and Agenda Items for Next Meeting

All Agenda Times—Including Public Comment and Adjournment—Are Subject to Change

Meeting Agenda

 1:00           Welcome and Opening

                  Agenda Review and Approval

                  Review of Commission’s Workgroup Meeting Guidelines, Consensus-Building and

                  Decision-Making Process, and Sunshine Requirements

                  Review of Commission’s Energy Related Workplan Tasks and Workgroup Scope

                  Review of Workgroup’s Task Development Strategy

                  Discussion of Project Subtasks and Identification of Information Development Needs

                  General Public Comment

                  Review of Workgroup Delivery and Meeting Schedule

                  Next Steps

                  Adjourn               

 

Contact Information and Project Webpage

Jeff Blair: jblair@fsu.edu ; http://consensus.fsu.edu/FBC/2010-Florida-Energy-Code.html

 

2010 Florida Energy Code Workgroup

Steve Bassett, Rusty Carrol, Bob Cochell, Phillip Fairey, Dale Greiner, Jeff Gross, Jeff Householder,

Larry Maxwell, Donny Pittman, Paul Savage, Drew Smith, Jeff Stone, and Rob Vickers.


 

OVERVIEW AND PROJECT SCOPE

 

Governor Crist directed the Commission to increase building energy efficiency requirements by 15% in his July 2007 Executive Order 127. In addition, the 2008 Legislature through passage of The Energy Act of 2008 created a suite of energy related assignments for the Building Commission. The Energy Code provisions were a major focus of the Commission during 2008, and the Commission increased the thermal efficiency requirements for the Florida Energy Code by 15% and integrated the enhanced requirements into the 2007 Florida Building Code. The Commission reviewed energy related code amendments adopted in the 2007 Florida Building Code Update to determine their cumulative level of increased efficiency, and adopted additional amendments required to achieve Governor Crist’s directive of 15% increased efficiency. During 2008 the Energy Code was amended by administrative rule and then the revised Energy Code was adopted into the 2007 Florida Building Code during the 2008 “glitch” cycle concurrently with the March 1, 2009 effective date for the 2007 Florida Building Code. Working with stakeholders using consensus-building workgroups, the Commission was able to achieve the 15% increase in efficiency in buildings and implement code amendments that are efficient, consistent, understandable and enforceable for the full spectrum of Energy Code users.

The Commission’s Energy Code Workgroup will develop recommendations regarding energy conservation measures for increasing efficiency requirements in the 2010 FBC by 20% as required by law.

 

Study Energy Conservation Measures and Develop a Plan for 20% Increased Efficiency Requirement for 2010 FBC

Section 109, HB 7153 establishes a schedule for increases in building energy efficiency requirements. This task expands the study of energy conservation measures for residential buildings to investigation of efficiency options for commercial buildings and the development of a plan to implement the requirements of the new law. Section 553.9061 “Scheduled increases in thermal efficiency standards.” was created to establish percent increases in efficiency to be implemented in the 2010, 2013, 2016 and 2019 Code.

 

With the adoption of the Glitch Amendments to the 2007 Edition of the Florida Building Code and the revisions to Rule 9B-13 Thermal Efficiency Standards, the Commission implemented a strategy for increasing the energy efficiency provisions of the Code by 15%. The Commission’s Energy Code Workgroup and Energy TAC are working with stakeholder to evaluate options for achieving an additional 5% increase for the 2010 Edition of the Code, and for achieving the progressive increases in efficiency required for subsequent editions of the code.

 

Develop Rule for Energy Code Cost Effectiveness Test

Section 109, HB 7153 directs the Commission develop a rule for determining cost effectiveness of energy conservation measures to be considered for inclusion in the Florida Energy Code. The rule must be completed and applied to the update of the energy provisions of the for the 2010 Florida Building Code.

“(3) The Florida Building Commission shall, prior to implementing the goals established in subsection (1), adopt by rule and implement a cost-effectiveness test for proposed increases in energy efficiency. The cost-effectiveness test shall measure cost-effectiveness and shall ensure that energy efficiency increases result in a positive net financial impact.”

The Commission will be working with stakeholders during 2009 to develop cost effectiveness test criteria to be applied to justification for increased residential building energy efficiency requirements. The Commission will conclude rule making in time for the adopted rule to be effective prior to the 2010 Code adoption process.

 

Identify Specific Building Options to Achieve the Energy Efficiency Improvements

The Energy Act of 2008 (HB 7135) directs the Commission to include, as a minimum, certain

technologies for achieving enhanced building efficiency targets established by the Act in the Florida Energy Code. The Building Code Act of 2008 (HB 697) directs the Commission to facilitate and promote the use of certain renewable energy technologies.

The Commission’s Energy Code Workgroup will work with stakeholders beginning in early 2009 on a comprehensive evaluation of options for achieving energy efficiency initiatives for the Florida Building Code including: mandated increases in energy efficiencies for subsequent editions of the Code, criteria for cost effectiveness test for increases in energy efficiency, studying energy conservation measures for replacement of air conditioning equipment, investigating humidity and moisture control problems for hot and humid climates, and evaluating rainwater collection and reuse and waste water recycling techniques.

 

Develop Design Criteria for Energy Efficient Pool Systems

The Energy act of 2008 (HB 7135) directs adoption of pool pump efficiencies in the 2010 Code. During discussions with the Florida Spa and Pool Association regarding energy efficiency requirements for pool pumps members suggested improved efficiency could be achieved through criteria for pool hydronic system design. This initiative would be conducted in coordination with the national industry and other state’s initiatives currently underway.

 

Investigate Humidity Control Problems for Hot and Humid Climates

At the recommendation of the Energy TAC, the Commission convened a Regional AC Efficiency Workgroup since the USDOE now has authority to develop and adopt regional AC efficiency standards. The Workgroup was charged with developing recommendations on whether the Commission and DCA should recommend to the United States Department of Energy (USDOE) regional AC efficiency standards for the hot and humid climate, and if determined a regional standard is a good strategy, then to develop recommendations for the technical requirements. The Workgroup investigated the feasibility of a hot-and-humid climate regional efficiency rating for air-conditioner and heat-pump systems, and recommended that the Commission should develop recommendations regarding AC equipments’ role in controlling humidity and moisture in buildings.

 

Following the first meeting, the scope of the Workgroup was changed to develop recommendations regarding AC equipments’ role in controlling humidity and moisture in buildings in a hot and humid climate. The Workgroup is tasked with considering a range of issues and options regarding the manufacturing, design and installation of AC equipment in controlling moisture and preventing mold and mildew in the hot and humid Florida climate.

 

In addition, air conditioning contractors raised the concern that building energy efficiency optimization, commodity grade air conditioning systems and mechanical systems construction practices are combining to cause indoor humidity control problems.

 

Study Energy Conservation Measures for Replacement of Air Conditioning Equipment

This task is a recommendation of the Commission’s Energy TAC resulting from consideration of Energy Code amendment proposals regarding replacement air-conditioning systems at the October 2008 meeting.

 FLORIDA ENERGY CODE WORKGROUP PROCEDURAL GUIDELINES

 

PARTICIPANTS’ ROLE

ü      The Workgroup process is an opportunity to explore possibilities. Offering or exploring an idea does not necessarily imply support for it.

ü      Listen to understand. Seek a shared understanding even if you don’t agree.

ü      Be focused and concise—balance participation & minimize repetition. Share the airtime.

ü      Look to the facilitator(s) to be recognized. Please raise your hand to speak.

ü      Speak one person at a time. Please don’t interrupt each other.

ü      Focus on issues, not personalities. Avoid stereotyping or personal attacks.

ü      To the extent possible, offer options to address other’s concerns, as well as your own.

ü      Participate fully in discussions, and complete meeting assignments as requested.

ü      Serve as an accessible liaison, and represent and communicate with member’s constituent group(s).

 

FACILITATORS’ ROLE (FCRC Consensus Center @ FSU)

ü      Design and facilitate a participatory workgroup process.

ü      Assist the Workgroup to build consensus on a package of recommendations for delivery to the Florida Building Commission.

ü      Provide process design and procedural recommendations to staff and the Workgroup.

ü      Assist participants to stay focused and on task.

ü      Assure that participants follow ground rules.

ü      Prepare and post agenda packets, worksheets and meeting summary reports.

 

GUIDELINES FOR BRAINSTORMING

ü      Speak when recognized by the Facilitator(s).

ü      Offer one idea per person without explanation.

ü      No comments, criticism, or discussion of other's ideas.

ü      Listen respectively to other's ideas and opinions.

ü      Seek understanding and not agreement at this point in the discussion.

 

THE NAME STACKING PROCESS

ü      Determines the speaking order.

ü      Participant raises hand to speak. Facilitator(s) will call on participants in turn.

ü      Facilitator(s) may interrupt the stack (change the speaking order) in order to promote discussion on a specific issue or, to balance participation and allow those who have not spoken on an issue an opportunity to do so before others on the list who have already spoken on the issue.

 

ACCEPTABILITY RANKING SCALE

During the meetings, members will be asked to develop and rank options, and following

discussions and refinements, may be asked to do additional rankings of the options if requested by members and staff. Please be prepared to offer specific refinements or changes to address your reservations. The following scale will be utilized for the ranking exercises:

Acceptability

Ranking

Scale

4 = acceptable,  I agree

3 = acceptable, I agree with minor reservations

2 = not acceptable, I don’t agree unless major reservations addressed

1 = not acceptable

WORKGROUP’S CONSENSUS PROCESS

 

CONSENSUS

 

The Florida Building Commission seeks to develop consensus decisions on its recommendations and policy decisions. The Commission provides a forum for stakeholders representing different interests to participate in a consensus-building process where issues affecting the construction industry are discussed and evaluated on their technical merits and cost-benefits to the citizens of the State of Florida. In order to achieve the best possible decisions, the Commission relies on its workgroups, ad hoc committees, technical advisory committees, and program oversight committees to develop consensus recommendations on project specific issues.

 

Definitions

Consensus is a process, an attitude and an outcome.  Consensus processes have the potential of producing better quality, more informed and better-supported outcomes.

 

As a process, consensus is a problem solving approach in which all members:

o       Jointly share, clarify and distinguish their concerns;

o       Educate each other on substantive issues;

o       Jointly develop alternatives to address concerns; and then

o       Seek to adopt recommendations everyone can embrace or at least live with.

 

In a consensus process, members should be able to honestly say:

o       I believe that other members understand my point of view;

o       I believe I understand other members’ points of view; and

o       Whether or not I prefer this decision, I support it because it was arrived at openly and fairly and because it is the best solution we can achieve at this time.

Consensus as an attitude means that each member commits to work toward agreements that meet their own and other member needs and interests so that all can support the outcome.

 

Consensus as an outcome means that agreement on decisions is reached by all members or by a significant majority of members after a process of active problem solving.  In a consensus outcome, the level of enthusiasm for the agreement may not be the same among all members on any issue, but on balance all should be able to live with the overall package.

 

Levels of consensus on a committee outcome can include a mix of:

o       Participants who strongly support the solution;

o       Participants who can “live with” the solution; and

o       Some participants who do not support the solution but agree not to veto it.


WORKGROUP’S CONSENSUS PROCESS

 

The Workgroup will seek to develop a package of consensus-based recommendations for submittal to the Florida Building Commission.  General consensus is a participatory process whereby, on matters of substance, the members strive for agreements which all of the members can accept, support, live with or agree not to oppose.  In instances where, after vigorously exploring possible ways to enhance the members’ support for the final decision on a recommendation, and the Workgroup finds that 100% acceptance or support is not achievable, final decisions will require at least 75% favorable vote of all members present and voting.  This super majority decision rule underscores the importance of actively developing consensus throughout the process on substantive issues with the participation of all members and which all can live with.  In instances where the Workgroup finds that even 75% acceptance or support is not achievable, publication of recommendations will include documentation of the differences and the options that were considered for which there is more than 50% support from the Workgroup.

 

The Workgroup will develop its recommendations using consensus-building techniques with the assistance of the facilitator.  Techniques such as brainstorming, ranking and prioritizing approaches will be utilized.  Where differences exist that prevent the Workgroup from reaching a final consensus decision (i.e. with support of at least 75% of the members) on a recommendation, the Workgroup will outline the differences in its documentation.

 

The Workgroup’s consensus process will be conducted as an open process consistent with applicable law.  Workgroup members, staff, and facilitator will be the only participants seated at the table. Only Workgroup members may participate in discussions and vote on proposals and recommendations. The facilitator, or a Workgroup member through the facilitator, may request specific clarification from a member of the public in order to assist the Workgroup in understanding an issue. Observers/members of the public are welcome to speak during the public comment period provided at each meeting, and all comments submitted on the public comment forms provided in the agenda packets will be included in the facilitator’ summary reports.

 

Facilitator will work with staff and Workgroup members to design agendas and worksheets that will be both efficient and effective.  The staff will help the Workgroup with information and meeting logistics.

 

To enhance the possibility of constructive discussions as members educate themselves on the issues and engage in consensus-building, members agree to refrain from public statements that may prejudge the outcome of the Workgroup’s consensus process.  In discussing the Workgroup process with the media, members agree to be careful to present only their own views and not the views or statements of other participants. In addition, in order to provide balance to the Workgroup process, members agree to represent and consult with their stakeholder interest groups.


 

SUNSHINE LAW GUIDELINES

(Section 286.011, Florida Statutes)

Applicability of Sunshine Law

1.         Meetings of public groups (workgroups) or commissions must be open to the public;

2.         Reasonable notice of such meetings must be given; and

3.         Minutes of the meetings must be taken.

 

Ø      Equally applicable to elected and appointed members and applies to any gathering of two or more members of the same group (Workgroup) to discuss some matter which will foreseeably come before that group (Workgroup) for action. Applies to advisory groups.

 

Ø      Written reports circulated among group (Workgroup) members for comments.

 

Ø      Telephone conversations and computer communications including e-mails and attachments.