Print Friendly SENATE BILL NO. 1412
– 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
02/08 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to St Aff
]]]] 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.
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-
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
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-
35 (b) Any qualifying bond that has been paid off;
36 (c) Other information as may be required by the state department of edu-
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
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
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
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
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.
Name: Senator Elliot Werk Representative George Eskridge
Senator Curt McKenzie Representative Sue Chew
Senator Stan Bastian Representative Eric Anderson
STATEMENT OF PURPOSE/FISCAL NOTE S 1412