|
|
|
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. |