82R426 MCK-D

By: Lucio III, Cook, et al. H.B. No. 51

A BILL TO BE ENTITLED

AN ACT

relating to energy efficiency standards for certain buildings and

to high-performance design, construction, and renovation standards

for certain government buildings and facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter I, Chapter 2166, Government Code, is

amended by adding Section 2166.409 to read as follows:

Sec. 2166.409. HIGH-PERFORMANCE, SUSTAINABLE DESIGN,

CONSTRUCTION, AND RENOVATION STANDARDS FOR STATE BUILDINGS. (a)

This section applies to the construction of a state building, or the

renovation of a state building the cost of which is more than 50

percent of the value of the building, including a building for

education, assembly, or office occupancy under the charge and

control of the Texas Department of Transportation, the Parks and

Wildlife Department, the Texas Department of Housing and Community

Affairs, the Texas State Affordable Housing Corporation, or the

Veterans' Land Board that is otherwise exempt from this chapter

under Section 2166.003. This section does not apply to a facility

under the charge and control of the Texas Department of Criminal

Justice or the Texas Youth Commission.

(b) A building to which this section applies must be

designed and constructed or renovated so that the building achieves

certification under a high-performance building standard approved

by the commission that:

(1) is developed and revised through a nationally

recognized consensus-based process or by a municipally owned

utility in this state;

(2) provides minimum requirements for energy use,

natural resources use, and indoor air quality;

(3) requires substantiating documentation for

certification;

(4) requires on-site, third-party, post-construction

review and verification for certification, or a third-party,

post-construction, rigorous review of documentation and

verification for certification; and

(5) encourages the use of materials or products

manufactured or produced in this state.

(c) The commission shall appoint an advisory committee to

advise the commission in determining which high-performance

building standards to approve for use under Subsection (b). At

least once each year the advisory committee shall review available

high-performance building standards and make recommendations to

the commission. The advisory committee consists of:

(1) the director of facilities construction and space

management appointed under Section 2152.104, who serves as the

presiding officer of the committee;

(2) seven individuals with experience and expertise in

high-performance buildings or related products, including

experience and expertise in energy efficiency, water efficiency, or

low-impact site development, with one individual selected from each

of the following lists of nominees:

(A) a list submitted by the president of the

Texas Society of Architects;

(B) a list submitted by the presidents of the

Texas Council of Engineering Companies and Texas Society of

Professional Engineers;

(C) a list submitted by the president of the

Associated Builders and Contractors of Texas and the presiding

officer of the executive committee of the Associated General

Contractors, Texas Building Branch;

(D) a list submitted by the president of the

Texas chapter of the Urban Land Institute;

(E) a list submitted by the president of the

Texas chapter of the American Society of Landscape Architects;

(F) a list submitted by the president of the

Texas Chemical Council; and

(G) a list of registered interior designers

submitted by the president of the Texas Association of Interior

Design;

(3) one individual appointed by the comptroller who

represents the State Energy Conservation Office;

(4) one individual representing a state agency that

has a substantial ongoing construction program; and

(5) one individual representing the interests of

historically underutilized businesses.

(d) In addition to meeting the requirements of Subsection

(b), a building to which this section applies must be designed and

constructed or renovated so that the building:

(1) meets the American Society of Heating,

Refrigerating and Air-Conditioning Engineers energy standards in

effect on September 1, 2011, or the International Energy

Conservation Code in effect on September 1, 2011, or an updated

version of those standards or that code adopted by the State Energy

Conservation Office under Subsection (e), if applicable; and

(2) achieves a 15 percent reduction in water use when

compared to water use based on plumbing fixtures selected in

accordance with the Energy Policy Act of 1992 (Pub. L. No. 102-486).

(e) If the State Energy Conservation Office determines,

based on written recommendations from the Energy Systems Laboratory

at the Texas Engineering Experiment Station of The Texas A&M

University System, that the latest published edition of the

American Society of Heating, Refrigerating and Air-Conditioning

Engineers energy standards or the International Energy

Conservation Code will result in energy efficiency and air quality

that is equivalent to or better than the energy efficiency and air

quality achievable under the editions described by Subsection

(d)(1), the office by rule shall adopt the equivalent or more

stringent editions and substitute them for the standards or code

described by Subsection (d)(1). The rule, if adopted, must

establish an effective date for the new standards or code but not

earlier than nine months after the date of adoption. The laboratory

shall make its recommendations not later than six months after the

date of publication of the new editions.

(f) A contract between the commission and a private design

professional relating to services in connection with the

construction or renovation of a building to which this section

applies must provide that, for billing purposes, any service

provided by the private design professional that is necessary to

satisfy the requirements of Subsection (b) or (d) is considered an

additional service rather than a basic service.

SECTION 2. The heading to Chapter 46, Education Code, is

amended to read as follows:

CHAPTER 46. [ASSISTANCE WITH] INSTRUCTIONAL FACILITIES AND

ASSISTANCE WITH PAYMENT OF EXISTING DEBT

SECTION 3. Chapter 46, Education Code, is amended by adding

Subchapter D to read as follows:

SUBCHAPTER D. STANDARDS FOR INSTRUCTIONAL FACILITIES

Sec. 46.101. DEFINITION. In this subchapter,

"instructional facility" has the meaning assigned by Section

46.001.

Sec. 46.102. ENERGY EFFICIENCY AND CONSERVATION STANDARDS

FOR INSTRUCTIONAL FACILITIES. (a) In this section, "energy

office" means the State Energy Conservation Office.

(b) The energy office shall adopt energy efficiency and

conservation standards for the design, construction, and major

renovation of instructional facilities that school districts may

adopt or use to achieve long-term savings in energy and water costs

through innovative building techniques.

(c) The standards adopted under Subsection (b) must match

high-performance building certification standards that:

(1) are developed and revised through a

consensus-based process or by a municipally owned utility in this

state;

(2) provide minimum requirements for energy use,

natural resources use, and indoor air quality;

(3) require substantiating documentation for

certification;

(4) employ third-party, post-construction review and

verification for certification; and

(5) the energy office determines are nationally

recognized in the building industry, such as:

(A) the Texas Collaborative for High Performance

Schools (TX-CHPS) Criteria;

(B) the Green Building Initiative's Green Globes

program;

(C) the Leadership in Energy and Environmental

Design (LEED) Green Building Rating System; or

(D) the Austin Energy Green Building Program.

(d) The energy office may update the standards adopted under

this section not more frequently than once every three years.

(e) The energy office shall prepare an analysis of the

typical initial building costs and projected energy and other

savings associated with the implementation of the standards adopted

by the energy office under this section. The office shall publish

the analysis and make copies available to all school districts in

this state.

(f) The energy office shall adopt rules necessary to

administer this section.

Sec. 46.103. STATE AND FEDERAL FUNDS. The energy office

shall, to the extent possible, assist school districts to obtain

state and federal funding for implementing the standards adopted

under this subchapter.

SECTION 4. Subchapter B, Chapter 55, Education Code, is

amended by adding Section 55.115 to read as follows:

Sec. 55.115. HIGH-PERFORMANCE, SUSTAINABLE DESIGN,

CONSTRUCTION, AND RENOVATION STANDARDS FOR CERTAIN FACILITIES. (a)

This section applies to the construction of an institution of

higher education building, structure, or other facility, or the

renovation of a building, structure, or other facility the cost of

which is more than 50 percent of the value of the building,

structure, or other facility, any part of the construction or

renovation of which is financed by revenue bonds issued under this

subchapter.

(b) A building, structure, or other facility to which this

section applies must be designed and constructed or renovated so

that the building, structure, or other facility complies with

high-performance building standards, approved by the board of

regents of the institution, that provide minimum requirements for

energy use, natural resources use, and indoor air quality. In

approving high-performance building standards, a board of regents

shall consider the standards approved by the Texas Facilities

Commission under Section 2166.409, Government Code, and may solicit

and consider recommendations from the advisory committee appointed

under that section.

(c) In addition to meeting the requirements of Subsection

(b), a building, structure, or other facility to which this section

applies must be designed and constructed or renovated to comply

with the applicable energy and water conservation design standards

established by the State Energy Conservation Office under Section

447.004, Government Code.

SECTION 5. Chapter 2311, Government Code, as added by

Chapter 1408 (H.B. 4409), Acts of the 81st Legislature, Regular

Session, 2009, is repealed.

SECTION 6. Not later than July 1, 2012, the State Energy

Conservation Office shall adopt rules establishing energy

efficiency, conservation, and indoor air quality standards for the

design, construction, and renovation of public school

instructional facilities as required by Section 46.102, Education

Code, as added by this Act.

SECTION 7. Section 55.115, Education Code, and Section

2166.409, Government Code, as added by this Act, apply only to an

institution of higher education building, structure, or other

facility or a state building for which the contract for design

services is entered into on or after September 1, 2013.

SECTION 8. This Act takes effect September 1, 2011.