ICC Appeals Panel Sets Date to Hear APGA-AGA Appeal on IECC Provisions

By Renée Lani posted 07-30-2020 12:15 PM


As previously reported, APGA and the American Gas Association (AGA) jointly filed an appeal of four International Code Council (ICC) actions related to provisions in the International Energy Conservation Code (IECC). APGA, through the appeal, contended that these provisions should have been prevented from moving forward by ICC staff during the code development process because they either raised potential federal preemption concerns or were outside of IECC's defined scope/intent and, consequently, should not be included in the next edition of the IECC. APGA members would be directly and materially affected by state or local adoption of the requirements of these proposals, as the proposals would disadvantage the competitiveness of natural gas direct use applications.

Our federal preemption appeal has been combined with similar appeals from the Air-Conditioning, Heating, & Refrigeration Institute (AHRI) and the National Association of Home Builders (NAHB). The virtual hearing is scheduled for August 31 at 9 AM CST, and the deadline for written comments or to request participation in the hearing is due to ICC by August 17. Additionally, our scope/intent appeal has to be combined with similar appeals from NAHB and Leading Builders of America (LBA), with the hearing scheduled for September 3 at 9 AM CST. Written comments or requests to participate in the scope/intent appeal hearing are due to ICC by August 19. All appeals filed for the ICC’s 2019 Group B cycle can be found here

A copy of ICC's notice of appeal hearings can be found online here.  For questions on this article or APGA’s engagement with ICC, please contact Renée Lani of APGA staff by phone at 202-464-0836 or by email at rlani@apga.org.