One-size-fits-all Missouri construction law puts all the control in Jefferson City | Opinion

I remember when Republicans favored small government and local control. Then MAGA came along, and “pluralism” became a dirty word.

Now before the Missouri Senate comes House Bill 939, “relating to building codes.” The majority being mostly Republican, the bill passed 104 to 47. Five voted “present.” The bill is sponsored by state Rep. Mike Jones, a Republican from Platte County. It’s worth quoting fully the perfected summary from the Missouri House website:

“This bill prohibits any county or municipality from enacting or maintaining any ordinance, regulation, or other policy that requires an owner, builder, or developer to implement green building design and construction practices for one- or two-family dwellings, condominiums, multiunit townhouses, multiunit apartment buildings, or commercial or industrial buildings, with the intent to improve sustainability, energy efficiency, high-performance energy standards, environmental responsiveness and other standards specified in the bill, that threatens the affordability of the construction, maintenance, repair or renovation.”

Originally the bill was limited to “one- or two-family dwellings, condominiums, or multiunit townhouses.” Upon its last appearance before the Missouri House, it was amended to include “multiunit apartment buildings, or commercial or industrial buildings.”

So why is that bad? Six reasons. Or rather six reasons and a suspicion.

First, H.B. 939 removes local control. It’s the sort of legislative overreach that Republicans are supposed to hate. The bill prohibits a county or municipality from implementing virtually anything that requires green building design and construction. A town couldn’t update, say, an energy code even when that update reflects local housing conditions and energy infrastructure. Missouri’s current system already ensures public input, transparency and thoughtful local adoption of energy codes. H.B. 939 would undermine that process. It imposes a one-size-fits-all law.

Second, Missouri does not have a statewide building or energy code. For this reason, more than 80 local jurisdictions have adopted such codes. This includes Kansas City, St. Louis and St. Louis County. This legislation would prohibit communities from adopting updated energy codes even when those updates are necessary.

Third, it’s just bad for business. Companies that produce high-quality construction materials, high-performance windows, building enclosures, roofing, insulation and air-sealing products — these producers would lose business. Also losing business would be local energy consultants, architects, engineers, as well as heating and cooling companies.

Fourth, it would increase energy bills. For example, stronger energy codes improve insulation, air sealing and mechanical systems, and reduce energy bills. Energy codes play a vital role in helping homeowners and renters save money.

Five, the bill would lead to increased strain on Missouri’s electrical grid. All energy codes need to be updated sooner or later. New homes built under outdated energy codes consume more energy and require upgrades. Upgrades are as inevitable as they are necessary.

Six, it’s bad for health. These very updated measures, which the bill would eliminate, actually improve indoor air quality by reducing mold, moisture and pollutants contributing to, among other things, asthma and respiratory distress.

Last, however, I just have to wonder whether muddled thinking is all there is to this bill. Or is there more? Here’s my suspicion: The terms the bill uses — “green,” “sustainability, energy efficiency, high-performance energy standards, environmental responsiveness” — that’s the vocabulary of environmentalists. The bill seeks to thwart local government, yes. But it also seeks to control any local government that chooses to address climate change by enacting its own measures. If a town wishes to enact “environmental responsiveness,” or if a village wishes to go “green,” isn’t that their prerogative? Since when did Republicans hate local government?

Missouri House Bill 939 imposes a one-size-fits-all law. Like many measures on the far right, it seeks to preclude pluralism. So here’s my suspicion. It’s not just bad law. Nor is it just climate change denial. It’s authoritarian policy.