Are new green building codes hurting KC’s housing stock? Controversy brews over proposal

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Less than a year after Kansas City adopted new sustainable building codes, the city council is considering a developer-backed ordinance that critics say would weaken the city’s energy efficiency standards for newly built homes.

Sponsored by Councilman Wes Rogers, Ordinance 240434 creates a new path for developers to comply with the green building codes instituted last year as part of the city’s Climate Protection and Resiliency Plan . The new compliance option would be less stringent than the requirements in place now, drawing opposition from environmental groups.

Proponents of the measure say that it will encourage developers to build new homes in Kansas City amid an ongoing affordable housing crisis and what they describe as a steep decline in new residential construction. Opponents say the ordinance prioritizes developer profits over the climate resilience goals the city has committed to supporting.

“We’re trying to strike a balance between building new homes and also being good stewards of our environment,” Rogers told The Star. “Because our code is so much more restrictive than any other jurisdiction in the metro, including other progressive jurisdictions, builders are simply not going into Kansas City.”

But environmental groups like the Sierra Club , which opposes the ordinance, say that the lull in new construction is temporary — and that developers are using the city’s affordable housing shortage as an excuse to skirt their environmental responsibilities.

“This will not benefit customers because buildings will still be sold for maximum price,” the organization wrote in a sample message for supporters to send to the city council. “To further equitable climate action, public health, and affordable housing, cities must adopt strong building energy codes.”

After numerous delays, the Kansas City Council’s Neighborhood Planning and Development Committee are currently set to hold a hearing on the legislation on Tuesday, July 16.

Here’s what to know about this controversial measure .

What does the proposed ordinance change about Kansas City’s green building codes?

Kansas City’s new sustainable building codes went into effect last September. They require newly built homes and renovations on existing homes to meet certain energy efficiency requirements, including automatic lights, leakage testing, and effective insulation in the walls, attic and foundation.

Many of these standards come from the 2021 International Energy Conservation Code , which has been adopted in 14 states, two counties and 38 cities, as well as federal government buildings.

There are currently three ways developers in Kansas City can prove their newly built homes meet these green standards. The specifics are a little complicated, but all three involve verifying that new homes are up to code through specific features they must have and tests they must undergo.

Ordinance 240434 proposes a fourth, easier way to prove that buildings are in compliance. It uses a metric called a Home Energy Rating System score , commonly called a HERS score. This score-based system allows developers to look at a home’s energy efficiency holistically, rather than requiring it to meet multiple specific criteria in order to comply.

That means that builders could choose to leave out some energy-efficient measures required by the current codes, like automatic lights, and use other features elsewhere in the home to get its overall HERS score down. The lower the score, the more energy efficient a building is.

Under the ordinance, builders would need to prove that new homes have a HERS score of 68 or lower (out of 150 possible points) in order to be given certificates of occupancy. The city could then slowly lower this threshold in subsequent years, forcing buildings to become more and more energy efficient.

Why do proponents of this ordinance support it?

Councilman Rogers is the first to admit that he’s an unusual choice to sponsor this ordinance.

“My normal allies are pretty ticked off at me right now,” he told The Star. “I agree almost completely when people are skeptical of this proposal. But this fourth path to compliance is going to have a net positive effect on the climate at our local level.”

Rogers believes that the strict requirements of current building codes aren’t forcing builders to create greener homes in Kansas City — instead, they’re just pushing construction to other nearby cities where requirements are less stringent.

“Right now, our code has no effect on the climate whatsoever; all it does is have an effect on where new housing is getting built,” he said.

The ordinance was drafted by a local developer group called the Home Builders Association of Greater Kansas City . The industry group has a lobbying arm it calls “the eyes, ears and voice of the housing industry at the local, state and national levels.”

The Home Builders Association notes in a press release that the new compliance path would “give builders more flexibility in construction techniques and methods,” “significantly streamline the plan review and permitting process” and “reduce the cost of construction.”

Will Ruder, the group’s executive vice president, says these perks for developers will ultimately benefit homebuyers.

“At the end of the day, the costs that are incurred in home-building are felt mostly by the buyer,” he said. “We can’t build things that people won’t buy, or can’t afford to buy.”

Is development really slowing down in Kansas City?

Compass KC , the city’s online permitting system, shows that construction permits for new single-family houses are indeed down since last year. In the first five months of 2024 the city issued 127 of these permits, compared to 415 during the same period in 2023, before the new building codes went into effect.

Not all of the 127 permits issued this year have been subject to the new building codes, Ruder and Rogers told The Star — some of them were first applied for last year under the old code.

Ruder said that KCHBA is aware of only 32 permits issued to build new single-family homes under the green codes. But Jeffrey Williams, the director of the city’s planning and development department, says the number is closer to double that: His office tallied 62 permits that have been issued so far to build single-family homes under the new code, and three more to build duplexes. One more permit for a single-family home is set to be issued as soon as payment comes through.

That may not sound like a lot— but environmental groups say those 66 permits reflect a temporary lull in new construction that’s commonly seen when new codes go into effect.

“City council’s own staff have shown that building permits are still being issued and increasing as more builders take the time to learn the new code, just as intended,” said Billy Davies, a senior organizer with the Sierra Club’s Missouri chapter.

The number of residential certificates of occupancy issued by the city, which verify a building is safe to live in, has remained stable between the first five months of last year and the same period this year.

Why do critics of this ordinance oppose it?

Environmental advocates, like the local chapters of the Sierra Club and the youth-led Sunrise Movement , oppose Ordinance 240434 on the grounds that it weakens environmental protections in the name of developer profits.

“We need local governments around the metro area to elevate their codes to the Kansas City standard, not the other way around,” Davies said.

He called the ordinance “the latest attempt by a minority of area developers to weaken KC’s energy efficiency standards.”

Sunrise Movement added that building less-efficient homes will ultimately increase the heating and cooling burden on low-income residents.

“This particular decision (puts) thousands of poor and working-class people at risk of rising utility bills and buildings that cannot withstand extreme weather,” the group wrote in a letter to the city council reviewed by The Star.

“Housing prices are unaffordable because out-of-state investors are buying homes in cash and raising prices, NOT because Council has made our buildings safe.”

The Star has reported on an influx of real estate speculators from all 50 states and abroad buying homes for cash in recent years, particularly on the city’s historic East Side. Kansas City’s home prices have risen by nearly 7% in just the past year .

According to Rogers, the new compliance route using HERS scores would keep Kansas City’s green requirements among the strictest in the metro. He also expects the proposed score limit of 68 to decrease during legislative negotiations.

“This fourth path that I am offering, it would still be the most climate-sensitive path to compliance in the entire region,” he said.

But critics say that the proposed path unravels years of hard-won progress toward sustainability.

“Protecting this policy will help ensure that our children and future generations can thrive in a community that has clean air and healthy homes,” the Sierra Club wrote in its sample email for supporters to send to the city council.

What’s next for green building ordinance?

Discussion of this ordinance by committee members has already been postponed multiple times — something Davies says is a sign that council members are listening to public feedback.

It’s now scheduled to be discussed by the Neighborhood Planning and Development Committee at its weekly meeting on Tuesday, July 16, at 1:30 p.m. in council chambers on the 26th floor of City Hall, 414 E. 12th St.

We don’t know yet how negotiations will go, or what changes may be made to the proposal. If it’s approved by the committee — likely with some adjustments — the ordinance will go up for a vote before the full city council at a future meeting.

To give feedback on this bill, you can contact your city council representative directly via phone or email. You can also enter your comments into city council records by emailing public.testimony@kcmo.org .

Do you have more questions about sustainability in Kansas City? Ask the Service Journalism team at kcq@kcstar.com .