Print Friendly 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
02/09 House intro - 1st rdg - to printing
02/12 Rpt prt - to Env
]]]] 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
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;
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.
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-
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.
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STATEMENT OF PURPOSE
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.
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.
Name: Rep. Donna Boe
Phone: 332 1000
Sen Kate Kelly
Sen Curt McKenzie
STATEMENT OF PURPOSE/FISCAL NOTE H 169