82R426 MCK-D
 
  By: Lucio III 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.