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A BILL TO BE ENTITLED
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AN ACT
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relating to energy efficiency standards for certain buildings and |
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to high-performance design, construction, and renovation standards |
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for certain government buildings and facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 2166, Government Code, is |
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amended by adding Section 2166.409 to read as follows: |
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Sec. 2166.409. HIGH-PERFORMANCE, SUSTAINABLE DESIGN, |
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CONSTRUCTION, AND RENOVATION STANDARDS FOR STATE BUILDINGS. (a) |
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This section applies to the construction of a state building, or the |
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renovation of a state building the cost of which is more than 50 |
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percent of the value of the building, including a building for |
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education, assembly, or office occupancy under the charge and |
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control of the Texas Department of Transportation, the Parks and |
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Wildlife Department, the Texas Department of Housing and Community |
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Affairs, the Texas State Affordable Housing Corporation, or the |
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Veterans' Land Board that is otherwise exempt from this chapter |
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under Section 2166.003. This section does not apply to a facility |
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under the charge and control of the Texas Department of Criminal |
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Justice or the Texas Youth Commission. |
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(b) A building to which this section applies must be |
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designed and constructed or renovated so that the building achieves |
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certification under a high-performance building standard approved |
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by the commission that: |
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(1) is developed and revised through a nationally |
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recognized consensus-based process or by a municipally owned |
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utility in this state; |
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(2) provides minimum requirements for energy use, |
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natural resources use, and indoor air quality; |
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(3) requires substantiating documentation for |
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certification; |
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(4) requires on-site, third-party, post-construction |
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review and verification for certification, or a third-party, |
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post-construction, rigorous review of documentation and |
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verification for certification; and |
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(5) encourages the use of materials or products |
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manufactured or produced in this state. |
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(c) The commission shall appoint an advisory committee to |
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advise the commission in determining which high-performance |
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building standards to approve for use under Subsection (b). At |
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least once each year the advisory committee shall review available |
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high-performance building standards and make recommendations to |
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the commission. The advisory committee consists of: |
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(1) the director of facilities construction and space |
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management appointed under Section 2152.104, who serves as the |
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presiding officer of the committee; |
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(2) seven individuals with experience and expertise in |
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high-performance buildings or related products, including |
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experience and expertise in energy efficiency, water efficiency, or |
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low-impact site development, with one individual selected from each |
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of the following lists of nominees: |
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(A) a list submitted by the president of the |
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Texas Society of Architects; |
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(B) a list submitted by the presidents of the |
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Texas Council of Engineering Companies and Texas Society of |
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Professional Engineers; |
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(C) a list submitted by the president of the |
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Associated Builders and Contractors of Texas and the presiding |
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officer of the executive committee of the Associated General |
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Contractors, Texas Building Branch; |
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(D) a list submitted by the president of the |
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Texas chapter of the Urban Land Institute; |
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(E) a list submitted by the president of the |
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Texas chapter of the American Society of Landscape Architects; |
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(F) a list submitted by the president of the |
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Texas Chemical Council; and |
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(G) a list of registered interior designers |
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submitted by the president of the Texas Association of Interior |
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Design; |
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(3) one individual appointed by the comptroller who |
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represents the State Energy Conservation Office; |
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(4) one individual representing a state agency that |
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has a substantial ongoing construction program; and |
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(5) one individual representing the interests of |
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historically underutilized businesses. |
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(d) In addition to meeting the requirements of Subsection |
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(b), a building to which this section applies must be designed and |
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constructed or renovated so that the building: |
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(1) meets the American Society of Heating, |
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Refrigerating and Air-Conditioning Engineers energy standards in |
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effect on September 1, 2011, or the International Energy |
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Conservation Code in effect on September 1, 2011, or an updated |
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version of those standards or that code adopted by the State Energy |
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Conservation Office under Subsection (e), if applicable; and |
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(2) achieves a 15 percent reduction in water use when |
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compared to water use based on plumbing fixtures selected in |
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accordance with the Energy Policy Act of 1992 (Pub. L. No. 102-486). |
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(e) If the State Energy Conservation Office determines, |
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based on written recommendations from the Energy Systems Laboratory |
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at the Texas Engineering Experiment Station of The Texas A&M |
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University System, that the latest published edition of the |
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American Society of Heating, Refrigerating and Air-Conditioning |
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Engineers energy standards or the International Energy |
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Conservation Code will result in energy efficiency and air quality |
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that is equivalent to or better than the energy efficiency and air |
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quality achievable under the editions described by Subsection |
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(d)(1), the office by rule shall adopt the equivalent or more |
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stringent editions and substitute them for the standards or code |
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described by Subsection (d)(1). The rule, if adopted, must |
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establish an effective date for the new standards or code but not |
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earlier than nine months after the date of adoption. The laboratory |
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shall make its recommendations not later than six months after the |
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date of publication of the new editions. |
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(f) A contract between the commission and a private design |
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professional relating to services in connection with the |
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construction or renovation of a building to which this section |
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applies must provide that, for billing purposes, any service |
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provided by the private design professional that is necessary to |
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satisfy the requirements of Subsection (b) or (d) is considered an |
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additional service rather than a basic service. |
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SECTION 2. The heading to Chapter 46, Education Code, is |
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amended to read as follows: |
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CHAPTER 46. [ASSISTANCE WITH] INSTRUCTIONAL FACILITIES AND |
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ASSISTANCE WITH PAYMENT OF EXISTING DEBT |
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SECTION 3. Chapter 46, Education Code, is amended by adding |
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Subchapter D to read as follows: |
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SUBCHAPTER D. STANDARDS FOR INSTRUCTIONAL FACILITIES |
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Sec. 46.101. DEFINITION. In this subchapter, |
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"instructional facility" has the meaning assigned by Section |
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46.001. |
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Sec. 46.102. ENERGY EFFICIENCY AND CONSERVATION STANDARDS |
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FOR INSTRUCTIONAL FACILITIES. (a) In this section, "energy |
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office" means the State Energy Conservation Office. |
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(b) The energy office shall adopt energy efficiency and |
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conservation standards for the design, construction, and major |
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renovation of instructional facilities that school districts may |
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adopt or use to achieve long-term savings in energy and water costs |
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through innovative building techniques. |
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(c) The standards adopted under Subsection (b) must match |
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high-performance building certification standards that: |
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(1) are developed and revised through a |
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consensus-based process or by a municipally owned utility in this |
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state; |
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(2) provide minimum requirements for energy use, |
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natural resources use, and indoor air quality; |
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(3) require substantiating documentation for |
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certification; |
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(4) employ third-party, post-construction review and |
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verification for certification; and |
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(5) the energy office determines are nationally |
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recognized in the building industry, such as: |
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(A) the Texas Collaborative for High Performance |
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Schools (TX-CHPS) Criteria; |
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(B) the Green Building Initiative's Green Globes |
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program; |
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(C) the Leadership in Energy and Environmental |
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Design (LEED) Green Building Rating System; or |
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(D) the Austin Energy Green Building Program. |
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(d) The energy office may update the standards adopted under |
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this section not more frequently than once every three years. |
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(e) The energy office shall prepare an analysis of the |
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typical initial building costs and projected energy and other |
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savings associated with the implementation of the standards adopted |
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by the energy office under this section. The office shall publish |
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the analysis and make copies available to all school districts in |
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this state. |
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(f) The energy office shall adopt rules necessary to |
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administer this section. |
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Sec. 46.103. STATE AND FEDERAL FUNDS. The energy office |
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shall, to the extent possible, assist school districts to obtain |
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state and federal funding for implementing the standards adopted |
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under this subchapter. |
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SECTION 4. Subchapter B, Chapter 55, Education Code, is |
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amended by adding Section 55.115 to read as follows: |
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Sec. 55.115. HIGH-PERFORMANCE, SUSTAINABLE DESIGN, |
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CONSTRUCTION, AND RENOVATION STANDARDS FOR CERTAIN FACILITIES. (a) |
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This section applies to the construction of an institution of |
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higher education building, structure, or other facility, or the |
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renovation of a building, structure, or other facility the cost of |
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which is more than 50 percent of the value of the building, |
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structure, or other facility, any part of the construction or |
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renovation of which is financed by revenue bonds issued under this |
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subchapter. |
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(b) A building, structure, or other facility to which this |
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section applies must be designed and constructed or renovated so |
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that the building, structure, or other facility complies with |
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high-performance building standards, approved by the board of |
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regents of the institution, that provide minimum requirements for |
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energy use, natural resources use, and indoor air quality. In |
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approving high-performance building standards, a board of regents |
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shall consider the standards approved by the Texas Facilities |
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Commission under Section 2166.409, Government Code, and may solicit |
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and consider recommendations from the advisory committee appointed |
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under that section. |
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(c) In addition to meeting the requirements of Subsection |
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(b), a building, structure, or other facility to which this section |
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applies must be designed and constructed or renovated to comply |
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with the applicable energy and water conservation design standards |
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established by the State Energy Conservation Office under Section |
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447.004, Government Code. |
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SECTION 5. Chapter 2311, Government Code, as added by |
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Chapter 1408 (H.B. 4409), Acts of the 81st Legislature, Regular |
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Session, 2009, is repealed. |
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SECTION 6. Not later than July 1, 2012, the State Energy |
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Conservation Office shall adopt rules establishing energy |
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efficiency, conservation, and indoor air quality standards for the |
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design, construction, and renovation of public school |
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instructional facilities as required by Section 46.102, Education |
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Code, as added by this Act. |
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SECTION 7. Section 55.115, Education Code, and Section |
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2166.409, Government Code, as added by this Act, apply only to an |
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institution of higher education building, structure, or other |
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facility or a state building for which the contract for design |
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services is entered into on or after September 1, 2013. |
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SECTION 8. This Act takes effect September 1, 2011. |