Building code legislation becomes law

(The Center Square) – Lawmakers in North Carolina’s House of Representatives took the final step to immediately make law a proposal on building codes and regulatory reform over the objection of the governor.

Another bill vetoed by Gov. Roy Cooper on court-filed documents was scheduled for the first week of October.

Senate Bill 166, 2024 Building Code Regulatory Reform, passed 70-40 with six Democrats in favor. The chamber passed it 72-34 in May with 11 Democrats on board and passed the conference report needed before it could be sent to the governor by 77-28 with 14 Democrats in favor.

The override in the Senate was 27-17 on Monday.

The new law reorganizes the Building Code Council and appointment authority for the state. It also includes amended regulations related to development, construction contractors, design professionals and environmental health.

Cooper, a Democrat finishing his eighth year in office, wrote in his message , “By limiting options for energy efficiency and electric vehicles, this legislation prevents North Carolina’s building code from adopting innovations in construction and mobility that save consumers money.”

The Building Code Council membership was chief among his objections.

Under the proposal, the 17 members appointed by the governor would be reduced to 13, with seven appointed by the governor and three each by the speaker of the House of Representatives and the president pro tempore of the Senate. Their areas of expertise would also change.

The bill contains language regarding the Electric Vehicle Supply Rule , as it relates to Article 220, Branch-Circuit Feeder, and Service Local Calculations, and Section 220.57, Electric Vehicle Supply Equipment Load, of the 2023 North Carolina Electrical Code.

North Carolina is an emerging home for alternative-fuel vehicle manufacturing .

The bill’s digest says , “Notwithstanding, these provisions, EVSE loads must not be required for the purpose of calculating loads for electrical feeder or service to dwellings subject to the North Carolina Residential Code (Residential Code). Requires the Council to adopt a rule consistent with the above. Defines council and code. Sunsets this provision when the permanent rules become effective.”

Cooper’s record 102 vetoes now include 49 that became law anyway because the General Assembly voted to override. That includes all 26 in this two-year session that began in January 2023.

Passage of a ballot referendum in 1995 enabled the governor to have veto power; North Carolina was the last state in the country to be granted ability to veto. The General Assembly can override with a three-fifths vote, meaning minimums of 30 in the Senate, 72 in the House.