2008 Legislation
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HOUSE BILL NO. 422<br /> – Energy efficient state bldgs

HOUSE BILL NO. 422

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H0422aaS..............................by ENVIRONMENT, ENERGY AND TECHNOLOGY
STATE BUILDINGS - Adds to existing law to provide energy efficiency
requirements for state buildings, beginning in 2009.

01/25    House intro - 1st rdg - to printing
01/28    Rpt prt - to Env
01/31    Rpt out - rec d/p - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 55-11-4
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Block, Bock,
      Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Collins,
      Durst, Eskridge, Hagedorn, Harwood, Henbest, Henderson, Jaquet,
      Killen, King, Labrador, Lake, LeFavour, Loertscher, Marriott,
      Mathews, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Snodgrass, Stevenson,
      Thomas, Trail, Vander Woude, Wood(27), Mr. Speaker
      NAYS -- Barrett, Black, Bowers, Clark, Hart, Luker, McGeachin,
      Mortimer, Moyle, Smith(24), Thayn
      Absent and excused -- Crane, Kren, Wills, Wood(35)
    Floor Sponsor - Eskridge
    Title apvd - to Senate
02/08    Senate intro - 1st rdg - to St Aff
03/04    Rpt out - to 14th Ord
03/06    Rpt out amen - to 1st rdg as amen
03/07    1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/12    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsors - McKenzie & Kelly
    Title apvd - to House
03/13    House concurred in Senate amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
03/14    2nd rdg - to 3rd rdg as amen
03/17    3rd rdg as amen - PASSED - 58-10-2
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Crane, Durst, Eskridge, Hagedorn, Hart, Henbest, Henderson, Jaquet,
      Killen, King, Labrador, LeFavour, Marriott, Mathews, Nielsen, Nonini,
      Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts, Ruchti,
      Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley,
      Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Thomas,
      Trail, Vander Woude, Wills, Wood(27), Mr. Speaker
      NAYS -- Barrett, Bowers, Harwood, Kren, Lake, Loertscher, Luker,
      McGeachin, Mortimer, Moyle
      Absent and excused -- Collins, Wood(35)
    Floor Sponsor - Eskridge
    Title apvd - to enrol
03/18    Rpt enrol - Sp signed
03/19    Pres signed
03/20    To Governor
03/25    Governor signed
         Session Law Chapter 274
         Effective: 07/01/08;
         07/01/13 Sunset Clause

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 422

                      BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE

  1                                        AN ACT
  2    RELATING TO ENERGY EFFICIENT STATE BUILDINGS; AMENDING TITLE 39,  IDAHO  CODE,
  3        BY  THE  ADDITION  OF A NEW CHAPTER 29, TITLE 39, IDAHO CODE, TO PROVIDE A
  4        SHORT TITLE, TO PROVIDE LEGISLATIVE FINDINGS AND INTENT, TO  DEFINE  TERMS
  5        AND  TO PROVIDE REQUIREMENTS FOR MAJOR FACILITY PROJECTS.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That Title 39, Idaho Code, be, and the same is hereby amended
  8    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
  9    ter 29, Title 39, Idaho Code, and to read as follows:

 10                                      CHAPTER 29
 11                           ENERGY EFFICIENT STATE BUILDINGS

 12        39-2901.  SHORT TITLE. This chapter shall be known and cited as the "Idaho
 13    Energy Efficient State Buildings Act."

 14        39-2902.  LEGISLATIVE  FINDINGS AND INTENT. (1) The legislature finds that
 15    serious energy challenges face the state of Idaho and that  the  operation  of
 16    Idaho state buildings consumes significant amounts of energy and electricity.
 17        (2)  The  legislature  finds  that,  with  minimal if any additional cost,
 18    there is considerable potential for energy savings and operational  cost  sav-
 19    ings  in  the  operation of both new and renovated state buildings if they are
 20    designed and constructed to an energy savings target over and above the  state
 21    building code requirements.
 22        (3)  The  legislature  finds that by adopting energy savings measures into
 23    the design and construction of state buildings the state has an opportunity to
 24    demonstrate leadership to the private sector and to local  government  and  to
 25    provide both an environmental and a fiscal benefit for Idaho's citizens.
 26        (4)  It  is the intent and established goal of the legislature to adopt an
 27    energy performance target,  including  operational  cost  savings,  for  state
 28    buildings  and  thereby  reduce consumption of and dollars spent for energy by
 29    the state of Idaho, and to have the state agencies  occupying  such  buildings
 30    document and report the costs of the buildings' design, construction and oper-
 31    ation and the cost savings associated therewith.

 32        39-2903.  DEFINITIONS. As used in this chapter:
 33        (1)  "Full commissioning" means that a third-party commissioning authority
 34    has  validated  and documented that the building and its systems are designed,
 35    installed, tested and capable of being operated and maintained to  perform  in
 36    accordance  with  the  design  intent, including energy performance.  The full
 37    commissioning process extends through all phases of the project, from  concep-
 38    tualization  to  occupancy and operation, with evaluation checks at each phase
 39    to ensure validation of the building's performance.
 40        (2)  "Idaho state building  authority"  means  the  Idaho  state  building

                                       2

  1    authority as established in chapter 64, title 67, Idaho Code.
  2        (3)  "Major facility project" means:
  3        (a)  A  building project constructed by a state agency or for occupancy or
  4        use by a state agency that is larger  than  five  thousand  (5,000)  gross
  5        square feet of occupied or conditioned space as defined in the appropriate
  6        building code adopted by the Idaho building code board pursuant to chapter
  7        41, title 39, Idaho Code; or
  8        (b)  A  building  renovation  project constructed by a state agency or for
  9        occupancy or use by a state agency on an existing building that is  larger
 10        than  five  thousand  (5,000) gross square feet of occupied or conditioned
 11        space as defined in the appropriate building code  adopted  by  the  Idaho
 12        building code board pursuant to chapter 41, title 39, Idaho Code, and with
 13        a  project  cost greater than fifty percent (50%) of the assessed value of
 14        the existing building.
 15        (4)  "Operational cost savings" means that the savings of the  operational
 16    costs  of a major facility project constructed pursuant to section 39-2904(1),
 17    Idaho Code, over a period of ten (10) years, will equal or be  more  than  the
 18    additional  cost  of  construction  of  the  building  as  required in section
 19    39-3904, Idaho Code.
 20        (5)  "Permanent building fund advisory council" means the permanent build-
 21    ing fund advisory council created in section 67-5710, Idaho Code.
 22        (6)  "State agency"  means  every  state  officer,  department,  division,
 23    bureau,  commission  and board, including those in the legislative or judicial
 24    branch and public postsecondary educational institutions. With  the  exception
 25    of  community  college districts, for purposes of this chapter, "state agency"
 26    does not include a political subdivision as  defined  in  section  67-2320(5),
 27    Idaho  Code,  or a public charter school as defined in section 33-5202A, Idaho
 28    Code.

 29        39-2904.  MAJOR FACILITY PROJECTS. (1) All major facility projects receiv-
 30    ing funding from the state general fund or the state permanent  building  fund
 31    or financed through the Idaho state building authority shall be designed, con-
 32    structed and certified to be at least thirty percent (30%) more efficient than
 33    a  building  of equal size, function and orientation built on the same site to
 34    the requirements of the then current state building codes as provided in  sec-
 35    tion  39-4109, Idaho Code. Full commissioning shall be considered on all major
 36    facility projects.
 37        (2)  Subsection (1) of this section shall apply to major facility projects
 38    that have not entered the schematic design phase prior to the  effective  date
 39    of this chapter.
 40        (3)  A major facility project need not be designed, constructed and certi-
 41    fied  according  to  subsection  (1) of this section if the permanent building
 42    fund advisory council determines that such  design  and  construction  is  not
 43    fiscally prudent or is impractical or infeasible given the intended use of the
 44    building.
 45        (4)  Beginning in 2009, on or before December 1 of each year, the division
 46    of public works, in cooperation with each state agency that has constructed or
 47    had constructed a major facility project as provided in subsection (1) of this
 48    section,  shall  submit a report to the permanent building fund advisory coun-
 49    cil. The report shall set forth:
 50        (a)  Any design and construction costs and ongoing operating costs of  any
 51        major  facility  project designed, constructed and certified by or for use
 52        by the state agency pursuant to subsection (1) of  this  section  incurred
 53        during the previous state fiscal year; and
 54        (b)  A  comparison  of  any costs reported under subsection (4)(a) of this

                                       3

  1        section to similar costs for a building of equal size, function and orien-
  2        tation built on the same site to the  requirements  of  the  then  current
  3        state building codes as provided in section 39-4109, Idaho Code.
  4        (5)  Beginning in 2010, the permanent building fund advisory council shall
  5    deliver  a  consolidated  report to the governor and the legislature not later
  6    than January 15 of each year. The consolidated report shall:
  7        (a)  Include the information contained in  the  report  submitted  to  the
  8        council pursuant to subsection (4) of this section; and
  9        (b)  Describe  any  major  facility  projects for which the application of
 10        subsection (1) of this section was determined by the  council  to  be  not
 11        fiscally  prudent  or  impractical or infeasible given the intended use of
 12        the building pursuant to subsection (3) of this section; and
 13        (c)  Advise the governor and the legislature regarding the ongoing  imple-
 14        mentation of this chapter.
 15        (6)  The  governor  shall  designate  a  state office or agency to provide
 16    technical assistance to the state agencies and  the  permanent  building  fund
 17    advisory council on the implementation of this chapter.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by         Little

                                                     Seconded by Kelly 


                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 422

  1                                AMENDMENT TO SECTION 1
  2        On page 2 of the printed bill, delete lines 29 through 54 and on  page  3,
  3    delete lines 1 through 17 and insert:
  4        "39-2904.  MAJOR  FACILITY PROJECTS. (1) To the extent it is fiscally pru-
  5    dent and to the extent it is practical and feasible given the intended use  of
  6    the  building,  all  major  facility projects receiving funding from the state
  7    general fund or the state permanent building  fund  or  financed  through  the
  8    Idaho state building authority shall be designed, constructed and certified to
  9    meet  a  target  of  at least ten percent (10%) to thirty percent (30%) better
 10    efficiency than a building of equal size, function and  orientation  built  on
 11    the same site to the requirements of then current state building codes as pro-
 12    vided  in  section 39-4109, Idaho Code. Full commissioning shall be considered
 13    on all major facility projects.
 14        (2)  The provisions of subsection (1) of this section shall apply to major
 15    facility projects that have not entered the schematic design  phase  prior  to
 16    the effective date of this chapter.
 17        (3)  Beginning in 2009, on or before December 1 of each year, the division
 18    of public works, in cooperation with each appropriate state agency, shall sub-
 19    mit  a report to the permanent building fund advisory council, the legislature
 20    and the governor. The report shall describe the ongoing implementation of this
 21    chapter with achieved energy efficiency data and supporting narrative for each
 22    major facility project designed, constructed or certified as provided in  sub-
 23    section (1) of this section during the previous year.
 24        (4)  The  governor  shall  designate  a  state office or agency to provide
 25    technical assistance to the state agencies and  the  permanent  building  fund
 26    advisory council on the implementation of this chapter.".

 27                                AMENDMENT TO THE BILL
 28        On page 3, following line 17, insert:
 29        "SECTION  2.  The  provisions  of  this  act shall be null, void and of no
 30    force and effect on and after July 1, 2013.".

 31                                 CORRECTION TO TITLE
 32        On page 1, in line 5, following "PROJECTS" insert: "; AND PROVIDING A SUN-
 33    SET CLAUSE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                        HOUSE BILL NO. 422, As Amended in the Senate

                      BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE

  1                                        AN ACT
  2    RELATING TO ENERGY EFFICIENT STATE BUILDINGS; AMENDING TITLE 39,  IDAHO  CODE,
  3        BY  THE  ADDITION  OF A NEW CHAPTER 29, TITLE 39, IDAHO CODE, TO PROVIDE A
  4        SHORT TITLE, TO PROVIDE LEGISLATIVE FINDINGS AND INTENT, TO  DEFINE  TERMS
  5        AND   TO PROVIDE REQUIREMENTS FOR MAJOR FACILITY PROJECTS; AND PROVIDING A
  6        SUNSET CLAUSE.

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION 1.  That Title 39, Idaho Code, be, and the same is hereby  amended
  9    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 10    ter 29, Title 39, Idaho Code, and to read as follows:

 11                                      CHAPTER 29
 12                           ENERGY EFFICIENT STATE BUILDINGS

 13        39-2901.  SHORT TITLE. This chapter shall be known and cited as the "Idaho
 14    Energy Efficient State Buildings Act."

 15        39-2902.  LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds  that
 16    serious  energy  challenges  face the state of Idaho and that the operation of
 17    Idaho state buildings consumes significant amounts of energy and electricity.
 18        (2)  The legislature finds that, with  minimal  if  any  additional  cost,
 19    there  is  considerable potential for energy savings and operational cost sav-
 20    ings in the operation of both new and renovated state buildings  if  they  are
 21    designed  and constructed to an energy savings target over and above the state
 22    building code requirements.
 23        (3)  The legislature finds that by adopting energy savings  measures  into
 24    the design and construction of state buildings the state has an opportunity to
 25    demonstrate  leadership  to  the private sector and to local government and to
 26    provide both an environmental and a fiscal benefit for Idaho's citizens.
 27        (4)  It is the intent and established goal of the legislature to adopt  an
 28    energy  performance  target,  including  operational  cost  savings, for state
 29    buildings and thereby reduce consumption of and dollars spent  for  energy  by
 30    the  state  of  Idaho, and to have the state agencies occupying such buildings
 31    document and report the costs of the buildings' design, construction and oper-
 32    ation and the cost savings associated therewith.

 33        39-2903.  DEFINITIONS. As used in this chapter:
 34        (1)  "Full commissioning" means that a third-party commissioning authority
 35    has validated and documented that the building and its systems  are  designed,
 36    installed,  tested  and capable of being operated and maintained to perform in
 37    accordance with the design intent, including  energy  performance.   The  full
 38    commissioning  process extends through all phases of the project, from concep-
 39    tualization to occupancy and operation, with evaluation checks at  each  phase
 40    to ensure validation of the building's performance.

                                       2

  1        (2)  "Idaho  state  building  authority"  means  the  Idaho state building
  2    authority as established in chapter 64, title 67, Idaho Code.
  3        (3)  "Major facility project" means:
  4        (a)  A building project constructed by a state agency or for occupancy  or
  5        use  by  a  state  agency  that is larger than five thousand (5,000) gross
  6        square feet of occupied or conditioned space as defined in the appropriate
  7        building code adopted by the Idaho building code board pursuant to chapter
  8        41, title 39, Idaho Code; or
  9        (b)  A building renovation project constructed by a state  agency  or  for
 10        occupancy  or use by a state agency on an existing building that is larger
 11        than five thousand (5,000) gross square feet of  occupied  or  conditioned
 12        space  as  defined  in  the appropriate building code adopted by the Idaho
 13        building code board pursuant to chapter 41, title 39, Idaho Code, and with
 14        a project cost greater than fifty percent (50%) of the assessed  value  of
 15        the existing building.
 16        (4)  "Operational  cost savings" means that the savings of the operational
 17    costs of a major facility project constructed pursuant to section  39-2904(1),
 18    Idaho  Code,  over  a period of ten (10) years, will equal or be more than the
 19    additional cost of  construction  of  the  building  as  required  in  section
 20    39-3904, Idaho Code.
 21        (5)  "Permanent building fund advisory council" means the permanent build-
 22    ing fund advisory council created in section 67-5710, Idaho Code.
 23        (6)  "State  agency"  means  every  state  officer,  department, division,
 24    bureau, commission and board, including those in the legislative  or  judicial
 25    branch  and  public postsecondary educational institutions. With the exception
 26    of community college districts, for purposes of this chapter,  "state  agency"
 27    does  not  include  a  political subdivision as defined in section 67-2320(5),
 28    Idaho Code, or a public charter school as defined in section  33-5202A,  Idaho
 29    Code.

 30        39-2904.  MAJOR  FACILITY  PROJECTS. (1) To the extent it is fiscally pru-
 31    dent and to the extent it is practical and feasible given the intended use  of
 32    the  building,  all  major  facility projects receiving funding from the state
 33    general fund or the state permanent building  fund  or  financed  through  the
 34    Idaho state building authority shall be designed, constructed and certified to
 35    meet  a  target  of  at least ten percent (10%) to thirty percent (30%) better
 36    efficiency than a building of equal size, function and  orientation  built  on
 37    the same site to the requirements of then current state building codes as pro-
 38    vided  in  section 39-4109, Idaho Code. Full commissioning shall be considered
 39    on all major facility projects.
 40        (2)  The provisions of subsection (1) of this section shall apply to major
 41    facility projects that have not entered the schematic design  phase  prior  to
 42    the effective date of this chapter.
 43        (3)  Beginning in 2009, on or before December 1 of each year, the division
 44    of public works, in cooperation with each appropriate state agency, shall sub-
 45    mit  a report to the permanent building fund advisory council, the legislature
 46    and the governor. The report shall describe the ongoing implementation of this
 47    chapter with achieved energy efficiency data and supporting narrative for each
 48    major facility project designed, constructed or certified as provided in  sub-
 49    section (1) of this section during the previous year.
 50        (4)  The  governor  shall  designate  a  state office or agency to provide
 51    technical assistance to the state agencies and  the  permanent  building  fund
 52    advisory council on the implementation of this chapter.

 53        SECTION 2.  The provisions of this act shall be null, void and of no force

                                       3

  1    and effect on and after July 1, 2013.

Statement of Purpose / Fiscal Impact


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                       STATEMENT OF PURPOSE

                           RS 17465C2


           Idaho Energy Efficient State Building Act

Upon the unanimous recommendation of the joint Energy,
Environment & Technology Interim Committee, this bill adopts the
Idaho Energy efficient State Building Act, requiring all major
state buildings, and building renovations, to be designed,
constructed and certified to a standard that achieves energy
savings at least 30% greater than the current state legislated
energy code.  The requirement applies if a project: 1.  Receives
funding from the state general fund or the state permanent
building account or is financed through the Idaho State Building
Authority; and 2.  Is constructed by - or for occupancy by - a
state "officer, department, division, bureau, commission and
board, including those in the legislative or judicial branch and
public post secondary educational institutions."  The bill
requires the Idaho Division of Public Works and state agencies to
monitor, document and annually report to the council the cost and
the savings of constructing and operating state buildings using
energy efficient methods, and requires the Council to report the
consolidated information to the Governor and Legislature.

                         Fiscal Impact
                                
Energy efficient buildings often cost little or no more to build
than conventional designs but can reap significant cost savings
over the life of their occupancy.  Based on construction
projected by the Idaho Department of Public Works and the three
state universities, and on current electric rates, the taxpayer's
cost savings to be realized by implementation of this bill during
the first five years is almost $1 million.  Savings will be even
higher if electric rates rise as projected.  Agencies and the
Division of Public Works will incur certain minimal costs in
monitoring and reporting on the implementation of the bill, but
those efforts can be met through existing budgets and staffing.

Contacts: Senators Kelly & Senator McKenzie,       
          Representatives, Eskridge, Anderson, & Boe             
Phone: 322-1315


STATEMENT OF PURPOSE/FISCAL NOTE                             H 422