ASHRAE Journal - April 2012 - 70

washington report

Members speak out
A
By Mark ames and Mark wills

TAB Test Restrictions

SHRAE has 3,200 members in California, so when just a handful of them speak out to policymakers, it carries a great weight be-

hind it. To wit, many a member made their voices known to the California Energy Commission (CEC) in late February.
The California Energy Commission called an “emergency” hearing, held February 27, on a proposed state rule that, if adopted, would prohibit engineers, commissioning agents, and other licensed professionals from performing acceptance tests, while allowing only testing, adjusting, and balancing (TAB) agents and electrical contractors to perform such tests. This measure runs counter to existing regulations, which allow a much greater field—including engineers and commissioning agents—of individuals to perform the test. Licensed engineers, commissioning agents, control contractors, general contractors, and other parties uniquely qualified to analyze test results relative to the building envelope would be prohibited from conducting these assessments. As a result, the number of individuals permitted to perform these tests would be restricted dramatically, which, consequently, might raise the costs of compliance, while, coincidentally, diminishing the effectiveness of these tests. Moreover, the proposal would unreasonably prohibit engineers and other individuals from performing duties that they are indeed wellqualified to do. In short, adopting the provisions outlined by this proposal would impose a restraint-of-trade restriction upon engineers and commissioning agents to the benefit of TAB contractors, air balance agents, and electrical contractors—the
70 ASHRAE Journal

very individuals installing the equipment the effectiveness of which they would be sanctioned to guarantee. As initially drafted in 2005, mechanical testing requirements were collaboratively drafted by a broad group of stakeholders. At that time, TAB contractors and balancing agents declined to participate in the process, but now, have jumped in to aggressively pursue revisions solely to their constituencies’ narrow commercial advantage. Conversely, engineers and commissioning agents who were actively involved in the development of these standards and consistently reached out to the aforementioned industries were met with little interest or expertise. In the days leading up to the hearing, and shortly thereafter, several ASHRAE members and their firms submitted comments to the CEC—far outnumbering proponents of the measure. In addition, ASHRAE Fellow Mark Hydeman testified in person before the CEC to express his and his firm’s opposition to the measure. Two chapters of the Sheet Metal and Air Conditioning Technical Services (SMACNA) noted their opposition to the proposal, as they shared the belief that testing responsibilities should not be limited to TAB technicians. The measure’s supporting organizations also offered their collective rationale for moving the regulation forward by emphasizing the number of certified individuals and firms that are
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available to do acceptance tests and asserting their intention to certify design professionals. According to ASHRAE members in attendance, it seemed clear that CEC members supported quality control of some kind, including minimum experience and, possibly, certification, and that they collectively oppose narrowing the field to TAB technicians. This is all to say that ASHRAE members can—and should—get involved in public policymaking to protect the profession and, on a broader scale, to promote the ASHRAE advocacy agenda. To learn how you or your chapter can be more engaged in grassroots government relations at the state, provincial, or local levels, please contact ASHRAE’s Government Relations Office. Clinton Announces Climate & Clean Air Initiative. HFCs, black carbon, and methane are all on the list of short-lived climate pollutants to be addressed by a new partnership coalition between the U.S., Bangladesh, Canada, Ghana, Mexico, Sweden, and the United Nations Environment Programme. The creation of the new Climate and Clean Air Coalition to Reduce Short-Lived Climate Pollutants was announced in February by U.S. Secretary of State Hillary Rodham Clinton. The activities of the new Coalition will include public awareness campaigns designed to increased understanding of pollutants and how to reduce their climatic impact, as well as capacity building among developing countries. For more information on the Coalition, visit http://ow.ly/9gzyr. Mark Ames (mames@ashrae.org) is ASHRAE manager of federal government affairs. Mark Wills (mwills@ashrae.org) is ASHRAE manager of state and local government affairs.
April 2012

ASHRAE Journal - April 2012

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