2007 Legislation
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HOUSE BILL NO. 169 – Buildings, public, high performance

HOUSE BILL NO. 169

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H0169.................................by ENVIRONMENT, ENERGY AND TECHNOLOGY
HIGH-PERFORMANCE PUBLIC BUILDINGS - Adds to existing law relating to
high-performance public buildings to provide a short title; to state
legislative findings and intent; to define terms; to require major facility
projects of public agencies receiving specified funding or financing to
meet certain standards; to provide minimum efficiency increases for major
facility projects; to require enhanced building commissioning to be
considered in all projects; to provide when certain standards must be
applied; to provide the Permanent Building Fund Advisory Council authority
regarding the practicality of meeting certain standards; to require public
agencies to monitor, document and annually report to the council; to
require the council to annually submit a report; and to provide that the
Idaho Department of Water Resources shall provide technical assistance to
the council.
                                                                        
02/09    House intro - 1st rdg - to printing
02/12    Rpt prt - to Env

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 169
                                                                        
                      BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HIGH-PERFORMANCE PUBLIC BUILDINGS; AMENDING TITLE 39, IDAHO  CODE,
  3        BY  THE  ADDITION  OF A NEW CHAPTER 32, TITLE 39, IDAHO CODE, TO PROVIDE A
  4        SHORT TITLE, TO STATE LEGISLATIVE FINDINGS AND INTENT, TO DEFINE TERMS, TO
  5        REQUIRE ALL MAJOR FACILITY PROJECTS OF PUBLIC AGENCIES RECEIVING SPECIFIED
  6        FUNDING OR FINANCING TO MEET  CERTAIN  STANDARDS,  TO  REQUIRE  ALL  MAJOR
  7        FACILITY PROJECTS OF ANY ENTITY OTHER THAN A PUBLIC AGENCY RECEIVING SPEC-
  8        IFIED  FUNDING  TO  MEET  CERTAIN STANDARDS, TO PROVIDE MINIMUM EFFICIENCY
  9        INCREASES FOR MAJOR FACILITY PROJECTS CONSTRUCTED AND CERTIFIED TO CERTAIN
 10        STANDARDS AS NEW CONSTRUCTION OR RENOVATION, TO REQUIRE ENHANCED  BUILDING
 11        COMMISSIONING  TO  BE  CONSIDERED IN ALL PROJECTS, TO PROVIDE WHEN CERTAIN
 12        STANDARDS MUST BE APPLIED, TO PROVIDE THE PERMANENT BUILDING FUND ADVISORY
 13        COUNCIL AUTHORITY REGARDING THE PRACTICALITY OF MEETING CERTAIN STANDARDS,
 14        TO REQUIRE PUBLIC AGENCIES TO MONITOR, DOCUMENT AND ANNUALLY REPORT TO THE
 15        COUNCIL, TO REQUIRE THE COUNCIL TO ANNUALLY SUBMIT A  CONSOLIDATED  REPORT
 16        TO THE GOVERNOR AND THE LEGISLATURE, TO PROVIDE THE CONTENTS OF THE REPORT
 17        AND  TO  PROVIDE  FOR  THE  IDAHO DEPARTMENT OF WATER RESOURCES TO PROVIDE
 18        TECHNICAL ASSISTANCE TO THE COUNCIL.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION 1.  That Title 39, Idaho Code, be, and the same is hereby  amended
 21    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 22    ter 32, Title 39, Idaho Code, and to read as follows:
                                                                        
 23                                      CHAPTER 32
 24                          HIGH-PERFORMANCE PUBLIC BUILDINGS
                                                                        
 25        39-3201.  SHORT TITLE. This chapter shall be known and cited as the "Idaho
 26    High-Performance Public Buildings Act."
                                                                        
 27        39-3202.  LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds  that
 28    state-funded buildings can be built and renovated using high-performance meth-
 29    ods that save money and make workers more productive.
 30        (2)  It  is  the  intent of the legislature that state-funded buildings be
 31    improved by adopting recognized standards for high-performance  public  build-
 32    ings and allowing flexible methods and choices in achieving those standards.
 33        (3)  The  legislature  intends that public agencies document both the cost
 34    and the savings of building and renovating state-funded  buildings  to  ensure
 35    that  economic, community and environmental goals are monitored each year, and
 36    that an annual consolidated report be presented to the governor and the legis-
 37    lature to monitor this program.
 38        (4)  The intent and established goal of the Leadership in Energy and Envi-
 39    ronmental Design (LEED) program as authored by the U.S. Green Building Council
 40    is to increase demand for building materials and products that  are  extracted
 41    and  manufactured  locally,  to reduce the environmental impact and to support
                                                                        
                                       2
                                                                        
  1    local economies. Therefore, it is the intent of the legislature  to  emphasize
  2    this  defined  goal  and  establish  a  priority to use Idaho-based resources,
  3    building materials, products, industries, manufacturers and  other  businesses
  4    to  provide  economic  development to this state and to meet the objectives of
  5    this chapter.
                                                                        
  6        39-3203.  DEFINITIONS. As used in this chapter:
  7        (1)  "High-performance public  buildings"  means  high-performance  state-
  8    funded  buildings  designed,  constructed and certified to a standard not less
  9    than the LEED silver standard.
 10        (2)  "Idaho state building  authority"  means  the  Idaho  state  building
 11    authority as provided for in chapter 64, title 67, Idaho Code.
 12        (3)  "LEED silver standard" means the most current LEED-NC silver certifi-
 13    cation  level for new construction and major renovations and additions as pub-
 14    lished by the U.S. Green Building Council.
 15        (4)  "Major facility project" means:
 16        (a)  A construction project larger than five thousand (5,000) gross square
 17        feet of occupied or conditioned space as defined in the appropriate build-
 18        ing code adopted by the Idaho building code board for  buildings  pursuant
 19        to the authority vested in said board in chapter 41, title 39, Idaho Code;
 20        or
 21        (b)  A  building  renovation  project  when the cost is greater than fifty
 22        percent (50%) of the assessed value of the building  and  the  project  is
 23        larger  than five thousand (5,000) gross square feet of occupied or condi-
 24        tioned space as defined in the appropriate building code  adopted  by  the
 25        Idaho  building  code board for buildings pursuant to the authority vested
 26        in said board in chapter 41, title 39, Idaho Code;
 27    but does not mean transmitter buildings, pumping  stations  or  other  similar
 28    building types as determined by the permanent building fund advisory council.
 29        (5)  "Permanent building fund advisory council" means the permanent build-
 30    ing fund advisory council created in section 67-5710, Idaho Code.
 31        (6)  "Public agency" means every state office, officer, board, commission,
 32    committee, bureau, department and public postsecondary education institution.
 33        (7)  "State-funded buildings" means buildings constructed with state funds
 34    as described in section 39-3204, Idaho Code.
                                                                        
 35        39-3204.  STATE-FUNDED  BUILDINGS. (1) All major facility projects of pub-
 36    lic agencies receiving funding from the state general fund or the state perma-
 37    nent building account or projects financed through the  Idaho  state  building
 38    authority,  whether  owned by a public agency or constructed or renovated spe-
 39    cifically for use or occupancy by a public agency,  shall  be  designed,  con-
 40    structed and certified to at least the LEED silver standard.
 41        (2)  All  major  facility  projects  of  any  entity,  other than a public
 42    agency, receiving any funding from the state general fund shall  be  designed,
 43    constructed and certified to at least the LEED silver standard.
 44        (3)  Major  facility  projects constructed and certified to LEED standards
 45    as new construction or renovation shall attain points representing at least  a
 46    thirty  percent  (30%)  increase in efficiency above the baseline for new con-
 47    struction and the initial efficiency of the building for renovations. Enhanced
 48    building commissioning shall be considered in all projects.
 49        (4)  Subsections (1) and (2) of this section apply to major facility proj-
 50    ects that have not entered the design phase prior to  the  effective  date  of
 51    this  chapter  and  to  the extent appropriate LEED silver standards exist for
 52    that type of building or facility as determined by the permanent building fund
 53    advisory council.
                                                                        
                                       3
                                                                        
  1        (5)  Notwithstanding subsections (1) and (2) of this section,  the  perma-
  2    nent  building  fund  advisory council shall determine whether the LEED silver
  3    standard is  practicable for the project, and, if not, whether any LEED  stan-
  4    dard is practicable for the project.
  5        (6)  Public  agencies  shall  monitor  and  document the ongoing operating
  6    costs resulting from major facility projects designed, constructed and  certi-
  7    fied  as  required in this section and shall annually report those operational
  8    costs to the permanent building fund advisory council on or before December  1
  9    of  each  year beginning in 2008. The permanent building fund advisory council
 10    shall consolidate these reports into one (1) report and deliver the report  to
 11    the  governor  and  to  the legislature not later than January 15 of each year
 12    beginning in 2009.  This consolidated report shall:
 13        (a)  Compare the operational cost of  major  facility  projects  designed,
 14        constructed  and  certified as required in this section as compared to the
 15        cost of such buildings that have  been  traditionally  designed  and  con-
 16        structed;
 17        (b)  Explain why a LEED standard was not used, in whole or in part, pursu-
 18        ant to subsection (5) of this section;
 19        (c)  Make  recommendations  regarding  the  ongoing implementation of this
 20        chapter, including a discussion of incentives and disincentives related to
 21        implementing this chapter; and
 22    the energy division of the Idaho department of water  resources  will  provide
 23    technical  assistance  to  the permanent building fund advisory council on the
 24    energy analysis required by this section.

Statement of Purpose / Fiscal Impact


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                      STATEMENT OF PURPOSE
                                
                           RS 16884C2
                                
The purpose of this legislation is to require all future state funded
building construction and major renovations to meet recognized high
performance standards. State agencies will monitor and document annual
energy costs and savings for these buildings and, with the assistance
of the Permanent Building Fund Advisory Council, will report to the
governor and the legislature.




                          FISCAL NOTE
                                
Although energy efficient state buildings of the future may in some
cases have higher initial costs, the savings on energy costs is
expected to more than offset any increased construction costs and will
continue to do so throughout the life of the building.

        

Contact
Name:   Rep. Donna Boe
Phone:  332 1000
Sen Kate Kelly
Sen Curt McKenzie

STATEMENT OF PURPOSE/FISCAL NOTE                                 H 169