2008 Legislation
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SENATE BILL NO. 1412<br /> – School bldgs, design/construction

SENATE BILL NO. 1412

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S1412......................................................by STATE AFFAIRS
SCHOOL BUILDING DESIGN - Adds to and amends existing law relating to school
building design and energy efficiency to provide legislative intent; to
require use of integrated design practices and fundamental commissioning
for design and construction of new school buildings; to provide for payment
of fundamental commissioning costs; to provide duties, responsibilities and
rulemaking authority for the administrator of the Division of Building
Safety; to define terms; to provide payments to qualifying school districts
for fundamental commissioning costs from bond levy equalization support
program funds; to provide for adjustment of apportionments made from bond
levy equalization support program funds; to require school building plans
submitted for review by the Division of Building Safety to include
provisions for incorporating integrated design and fundamental
commissioning; and to provide that new school building plans shall be
reviewed for compliance with rules promulgated by the administrator of the
Division of Building Safety relating to school building design and energy
efficiency.

02/08    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to St Aff

Bill Text




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

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1412

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO SCHOOL BUILDING DESIGN AND ENERGY EFFICIENCY;  PROVIDING  LEGISLA-
  3        TIVE  INTENT; AMENDING CHAPTER 3, TITLE 33, IDAHO CODE, BY THE ADDITION OF
  4        A NEW SECTION 33-356, IDAHO CODE, TO  REQUIRE  USE  OF  INTEGRATED  DESIGN
  5        PRACTICES AND FUNDAMENTAL COMMISSIONING FOR DESIGN AND CONSTRUCTION OF NEW
  6        SCHOOL  BUILDINGS,  TO  PROVIDE  FOR  PAYMENT OF FUNDAMENTAL COMMISSIONING
  7        COSTS, TO PROVIDE DUTIES, RESPONSIBILITIES AND  RULEMAKING  AUTHORITY  FOR
  8        THE  ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY AND TO DEFINE TERMS;
  9        AMENDING SECTION 33-906, IDAHO CODE, TO  PROVIDE  PAYMENTS  TO  QUALIFYING
 10        SCHOOL DISTRICTS FOR FUNDAMENTAL COMMISSIONING COSTS FROM BOND LEVY EQUAL-
 11        IZATION  SUPPORT PROGRAM FUNDS AND TO PROVIDE FOR ADJUSTMENT OF APPORTION-
 12        MENTS MADE PURSUANT TO THE SECTION; AND AMENDING  SECTION  39-4113,  IDAHO
 13        CODE,  TO  REQUIRE SCHOOL BUILDING PLANS SUBMITTED FOR REVIEW BY THE DIVI-
 14        SION OF BUILDING SAFETY TO INCLUDE PROVISIONS FOR INCORPORATING INTEGRATED
 15        DESIGN AND FUNDAMENTAL COMMISSIONING,  TO  PROVIDE  THAT  PLANS  SHALL  BE
 16        REVIEWED FOR COMPLIANCE WITH RULES PROMULGATED BY THE ADMINISTRATOR OF THE
 17        DIVISION  OF BUILDING SAFETY RELATING TO SCHOOL BUILDING DESIGN AND ENERGY
 18        EFFICIENCY AND TO MAKE TECHNICAL CORRECTIONS.

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

 20        SECTION 1.  LEGISLATIVE INTENT. (1) Every dollar spent on energy costs  in
 21    an  Idaho school is a dollar that is not spent in the direct education of stu-
 22    dents in the classroom. As energy costs increase,  the  diversion  of  funding
 23    away  from  the classroom will accelerate. The state has a primary interest in
 24    minimizing K-12 school building energy costs since funding  for  energy  comes
 25    directly from the state General Fund.
 26        (2)  School  districts  recognize  that funding will always be limited and
 27    that efficient use of every dollar is vital to providing the highest  possible
 28    level  of educational services. It is apparent that designing and constructing
 29    more energy efficient buildings accrues cumulative benefits to both the  state
 30    and to the school district. This is because any energy efficiency built into a
 31    new  school  will  save money each and every year of operation for the life of
 32    that school building. Small gains in energy efficiency result in large payoffs
 33    over the life of operations of a building.
 34        (3)  This act provides a consistent statewide process  for  building  high
 35    quality school buildings. Using two processes, integrated design and fundamen-
 36    tal  commissioning, will result in efficient design and construction implemen-
 37    tation of higher-performance new school buildings. Using this design and  con-
 38    struction  process,  it  is the intent of this act to make energy efficiency a
 39    priority for our school districts in the design and construction of new school
 40    buildings. Funding required to comply with this legislation is provided by the
 41    state through the bond levy equalization support program.
 42        (4)  It is the intent of this act that the  Division  of  Building  Safety
 43    provide expertise, education and resources for the school districts to use the
 44    integrated design and fundamental commissioning processes.

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  1        SECTION  2.  That  Chapter  3,  Title  33, Idaho Code, be, and the same is
  2    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  3    ignated as Section 33-356, Idaho Code, and to read as follows:

  4        33-356.  SCHOOL  BUILDING  DESIGN AND ENERGY EFFICIENCY. (1)  It is hereby
  5    required that each school district that passes a bond levy on or after January
  6    1, 2009, for the purpose of constructing a new school building shall use inte-
  7    grated design practices and fundamental commissioning in the design  and  con-
  8    struction of the new school building.
  9        (2)  The practice of integrated design is a collaborative process to guide
 10    all  affected  parties  through  the design and construction of a building; no
 11    additional costs are associated with the integrated design process. There  are
 12    additional  costs  associated  with  fundamental commissioning and those costs
 13    shall be paid by the state according to  the  provisions  of  section  33-906,
 14    Idaho Code.
 15        (3)  It  shall  be the responsibility and duty of the administrator of the
 16    division of building safety to  provide  assistance  to  school  districts  to
 17    ensure  school  districts  can  access  the  technical and educational support
 18    needed to implement the processes of integrated design and fundamental commis-
 19    sioning in fulfillment of the  school  districts'  statutory  requirements  as
 20    specified in subsection (2) of this section.
 21        (4)  The administrator of the division of building safety is hereby autho-
 22    rized  and  directed  to promulgate rules in accordance with the provisions of
 23    chapter 52, title 67, Idaho Code, that provide  the  guidance,  education  and
 24    technical information necessary for school districts to implement the process-
 25    es  of  integrated  design and fundamental commissioning. The administrator is
 26    authorized to expand upon the terms defined in subsection (5) of this section,
 27    and to provide additional definitions as needed.
 28        (5)  For the purposes of this section, these terms shall have the  follow-
 29    ing meanings:
 30        (a)  "Integrated  design"  means  a process to develop consensus among the
 31        project team and owner as to the energy savings and  building  performance
 32        goals  of  the  project and to identify design strategies to achieve those
 33        goals, including documentation strategies for design decisions  to  ensure
 34        accurate implementation of design through construction.
 35        (b)  "Fundamental  commissioning" means the use of a third party to review
 36        building design, building system specifications and to specify and monitor
 37        preoccupancy system testing to ensure functional integration of  specified
 38        systems  and  functional operation of systems at the completion of a proj-
 39        ect.

 40        SECTION 3.  That Section 33-906, Idaho Code, be, and the  same  is  hereby
 41    amended to read as follows:

 42        33-906.  BOND  LEVY  EQUALIZATION SUPPORT PROGRAM. (1) Pursuant to section
 43    33-906B, Idaho Code, school districts with a value index below one  (1)  shall
 44    be  eligible  to receive additional state financial assistance for the cost of
 45    annual bond interest and redemption payments made on bonds passed on or  after
 46    September  15,  2002.  However, any school district with a value index of less
 47    than one and one-half (1.5), shall receive no less than ten percent  (10%)  of
 48    the  interest  cost portion of the annual bond interest and redemption payment
 49    for bonds passed on or after September 15, 2002. The state department of  edu-
 50    cation  shall disburse such funds to school districts from moneys appropriated
 51    from the bond levy equalization fund. The department shall disburse the  funds
 52    by no later than September 1 of each year for school districts in which voters

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  1    have  approved  the issuance of qualifying bonds by no later than January 1 of
  2    that calendar year, and which are certifying a qualifying  bond  interest  and
  3    redemption  payment for the fiscal year in which the disbursement is made. For
  4    districts with a value index below one (1), the percentage of each annual bond
  5    interest and redemption payment that is paid by the state shall be  determined
  6    by  dividing  the  difference  between one (1) and the school district's value
  7    index by one (1).
  8        (2)  For the purposes of  this  section,  the  annual  bond  interest  and
  9    redemption  payment  shall be determined by dividing the total payment amounts
 10    by the number of fiscal years in which payments are to be made.  The  interest
 11    cost  portion  of  the  annual  bond  interest and redemption payment shall be
 12    determined by dividing the total interest paid by the number of  fiscal  years
 13    in  which  payments  are to be made. For school districts not qualifying for a
 14    state payment in the first year of the bond interest  and  redemption  payment
 15    schedule,  due solely to the January 1 eligibility deadline, the state depart-
 16    ment of education shall distribute an additional payment in  the  next  fiscal
 17    year,  in  the amount of such funds that the school district would have other-
 18    wise qualified for in the current fiscal year.
 19        (3)  The provisions of this section  may  not  be  utilized  to  refinance
 20    existing  debt  or  subsidize  projects previously subsidized by state grants,
 21    unless the existing debt being refinanced is a bond passed on or after Septem-
 22    ber 15, 2002; provided however, that any school district that has issued qual-
 23    ifying bonds prior to June 30, 2004, in conformance with  this  section  shall
 24    not  be  deemed  to be refinancing existing debt when the qualifying bonds are
 25    utilized to finance the acquisition of  public  school  facilities  previously
 26    leased or financed through means other than the issuance of general obligation
 27    bonds  approved by a two-thirds (2/3) vote at an election called for that pur-
 28    pose subject to subsection (5) of this section.
 29        (4)  School districts shall annually report the status of  all  qualifying
 30    bonds  to the state department of education by January 1 of each year, includ-
 31    ing bonds approved by the voters, but not yet  issued.  Information  submitted
 32    shall include the following:
 33        (a)  The  actual  or estimated bond interest and redemption payment sched-
 34        ule;
 35        (b)  Any qualifying bond that has been paid off;
 36        (c)  Other information as may be required by the state department of  edu-
 37        cation.
 38        (5)  No school district eligible for participation in the bond levy equal-
 39    ization  support  program  shall be deemed ineligible for participation due to
 40    that school district's eligibility and prior participation in the safe  school
 41    facilities loan and grant program or the Idaho safe schools facilities program
 42    under section 33-804A, 33-1017 or 33-1613, Idaho Code, provided that:
 43        (a)  Such  school  district  notifies the state department of education of
 44        its desire and eligibility to participate in the  bond  levy  equalization
 45        support program; and
 46        (b)  Such  school  district  shall  receive  no state financial assistance
 47        under the bond levy equalization support program until the amount to which
 48        it would otherwise have been entitled to receive shall equal  the  amounts
 49        received  by the school district under the safe school facilities loan and
 50        grant program or the Idaho safe schools facilities program  under  section
 51        33-804A, 33-1017 or 33-1613, Idaho Code.
 52        (6)  Any  school  district  formed as a result of the consolidation of two
 53    (2) or more school districts that passes an eligible  bond  within  three  (3)
 54    years  of  the successful consolidation election shall participate in the bond
 55    levy equalization support program at the district's actual value  index  minus

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  1    twenty-five  hundredths (.25). This adjustment shall apply for the duration of
  2    the bond interest and  redemption  payment  schedule.  If  a  school  district
  3    advantaged  by this subsection (6) deconsolidates either during the applicable
  4    bond interest and redemption payment schedule, or  within  a  three  (3)  year
  5    period  thereafter,  each deconsolidated district shall, upon deconsolidation,
  6    repay to the bond levy equalization fund  all  additional  subsidies  received
  7    pursuant  to  this subsection (6). The proportions owed by each deconsolidated
  8    district shall be determined by the proportion  that  each  district's  market
  9    value for assessment purposes bears to the whole.
 10        (7)  Payment for costs of fundamental commissioning.
 11        (a)  For  any  school  district  passing  a bond after January 1, 2009, in
 12        which the projects funded are subject  to  the  fundamental  commissioning
 13        requirements of section 33-356, Idaho Code, in addition to any other state
 14        payments  made pursuant to this section, the state department of education
 15        shall disburse bond levy equalization support program funds to such school
 16        district in an amount equal to one percent  (1%)  of  eighty-five  percent
 17        (85%)  of the bond interest and redemption payment costs for building con-
 18        struction. If a bond is passed in which only a  portion  of  the  projects
 19        funded  by  the bond are subject to the fundamental commissioning require-
 20        ments of section 33-356, Idaho Code, the provisions of this subsection (7)
 21        shall only apply to the portion of the bond subject to those requirements.
 22        (b)  For the purposes of this subsection (7), the bond  levy  equalization
 23        support program funds shall be paid to the school district in equal annual
 24        installments determined by dividing the total amount calculated in subsec-
 25        tion  (7)(a)  of this section by the total number of fiscal years in which
 26        bond interest and redemption payments are to be made.
 27        (8)  Any apportionments in any year, made to any  school  district,  which
 28    may within the succeeding three (3) year period be found to have been in error
 29    either of computation or transmittal or not used for the purposes specified in
 30    this  section,  may be corrected during the three (3) year period by reduction
 31    of apportionments to any school district to which over-apportionments may have
 32    been made or received, and corresponding additions to  apportionments  to  any
 33    school district to which under-apportionments may have been made or received.

 34        SECTION  4.  That  Section 39-4113, Idaho Code, be, and the same is hereby
 35    amended to read as follows:

 36        39-4113.  PLAN REVIEWS -- MAXIMUM FEES AND  SCHOOL  INSPECTIONS.  (1)  The
 37    administrator  shall  establish  a program for plan review and permit issuance
 38    entirely within the division of building safety. Plan review shall be for  the
 39    provisions  of  this chapter and chapter 10, title 54, Idaho Code, chapter 26,
 40    title 54, Idaho Code, and chapter 2, title 41, Idaho Code, pertaining to  con-
 41    struction, alteration or repair of buildings or structures within the scope of
 42    the  division's  jurisdiction  pursuant  to  this  chapter.  Plans for schools
 43    reviewed by the division shall not include a review for  compliance  with  the
 44    provisions of chapter 2, title 41, Idaho Code.
 45        (2)  Plan  review  fees  shall  be established by rules promulgated by the
 46    board. Until such rules are effective, plan review fees shall not exceed those
 47    specified by section 304(c), Uniform Building Code, 1985 edition.
 48        (3)  Each manufacturer of commercial coaches and modular  buildings  shall
 49    submit the building plans for every model of such structure to the administra-
 50    tor for the purpose of review.
 51        (4)  Each  school district shall submit to the division of building safety
 52    three (3) sets of working drawings and specifications for new school buildings
 53    or facilities and additions or alterations to existing buildings or facilities

                                       5

  1    wherein the proposed work is valued in excess of twenty-five thousand  dollars
  2    ($25,000).  On  and  after January 1, 2009, plans shall include provisions for
  3    incorporating integrated design and fundamental commissioning as  required  by
  4    the provisions of section 33-356, Idaho Code.
  5        (a)  The  division  will  review the plans for compliance with the current
  6        editions of the codes specified in this chapter or  within  rules  promul-
  7        gated  pursuant  to  this  chapter by the board and as required by section
  8        39-8006, Idaho Code, and by rules promulgated by the administrator of  the
  9        division of building safety in accordance with section 33-356, Idaho Code,
 10        relating to school building design and energy efficiency.
 11        (b)  These plans must be approved before the school district may advertise
 12        for bids.
 13        (c)  Once  plans  are  reviewed  and  approved by the division of building
 14        safety pursuant to this section, no material change can be  made  to  such
 15        plans without review and approval of such change by the division of build-
 16        ing safety.
 17        (d)  All  school construction or remodeling governed by this chapter shall
 18        be inspected by building inspectors certified in accordance  with  section
 19        39-4108,  Idaho  Code,  or  by  Idaho  licensed architects or engineers to
 20        determine compliance with this chapter and the Idaho uniform school build-
 21        ing safety act, chapter 80, title 39, Idaho Code.
 22    Nothing in this subsection (4) shall limit the authority of local  governments
 23    to  issue  permits,  review  plans  and  provide a full range of building code
 24    enforcement activities as they relate to school buildings or facilities within
 25    their jurisdiction.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17758

The state has a compelling interest in minimizing energy costs in
public schools since these costs are covered by the General Fund. 
This legislation requires school districts to use two processes in
the design and construction of new school buildings - integrated
design and fundamental commissioning.  Together these processes
will result in higher performing, more energy efficient school
buildings and more effective use of education funds.
The process of integrated design does not add to the cost of a new
school building. Fundamental commissioning adds approximately 0.85%
to project cost and will be financed through the Bond Levy
Equalization Fund.



                           FISCAL NOTE

Based on new school construction projected by the State Department
of Education, the annual financed cost for fundamental
commissioning will be approximately $90,000 (plus inflation) each
year beginning in Fiscal Year 2010.





Contact
Name: Senator Elliot Werk          Representative George Eskridge
      Senator Curt McKenzie        Representative Sue Chew
      Senator Stan Bastian         Representative Eric Anderson
Phone: 332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                        S 1412