Panel told to redo energy rule vote

SANTA FE — A court has tossed out the building codes adopted by Republican Gov. Susana Martinez’s administration in 2011 to replace tougher energy efficiency rules enacted under her predecessor, Democratic Gov. Bill Richardson.

The state Court of Appeals said in a ruling last week the Construction Industries Commission failed to give a reason when it overturned the previous energy standards for new buildings. It sent the matter back to the CIC “for reconsideration, a new vote, and a statement of reasons for the vote, preferably in written form.”

“We’re considering whether to appeal,” according to a statement late Tuesday from Regulation and Licensing , which oversees CIC. It was unclear what impact the ruling would have on projects currently under way.

Douglas Meiklejohn of the Environmental Law Center said, “We’re back to the energy efficiency codes that were adopted by the Richardson administration.”

The Construction Industries Commission revised the building codes in June 2011 as part of the newly elected GOP governor’s agenda to make New Mexico more “business-friendly.” The Martinez-appointed panel voted 7-1 without any debate to scrap the regulations — which supporters had said would reduce energy use in new buildings by 20 percent — and replace them with less stringent national standards.

Chairman Randy Baker said before the vote the CIC was doing what was “best for New Mexico, for the industry, for the public at large,” but the court said that was insufficient.

Developers said the old codes made it too expensive to build in New Mexico.