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  H.B. No. 51
 
 
 
 
AN ACT
  relating to energy efficiency standards for certain buildings and
  to high-performance design, construction, and renovation standards
  for certain buildings and facilities of institutions of higher
  education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 $2 million, or, if less than $2 million, more
  than 50 percent of the value of the building, structure, or other
  facility, if any part of the construction or renovation 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, but is not subject to, the high-performance
  building evaluation system approved by the state energy
  conservation office under Section 447.004, Government Code, and may
  solicit and consider recommendations from the advisory committee
  appointed under that section.
         (c)  Except as provided by this section, 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, unless the institution constructing the building determines
  that compliance with those standards is impractical and notifies
  the state energy conservation office of the determination and
  provides to the office documentation supporting the determination.
         SECTION 2.  Section 447.004, Government Code, is amended by
  amending Subsection (b) and adding Subsections (b-1), (b-2), and
  (b-3) to read as follows:
         (b)  The standards established under Subsection (a) must:
               (1)  include performance and procedural standards for
  the maximum energy and water conservation allowed by the latest and
  most cost-effective technology that is consistent with the
  requirements of public health, safety, and economic resources;
               (2)  be stated in terms of energy and water consumption
  levels that meet energy standards adopted by the state energy
  conservation office and that:
                     (A)  achieve 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);
  or
                     (B)  comply with water conservation standards
  published by the state energy conservation office;
               (3)  consider the various types of building uses; and
               (4)  allow for design flexibility, including allowing
  for certification under any high-performance design evaluation
  system approved by the state energy conservation office.
         (b-1)  A building to which this section applies must be
  designed and constructed or renovated so that the building achieves
  certification under any high-performance design evaluation system
  approved by the state energy conservation office 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.
         (b-2)  The state energy conservation office shall appoint an
  advisory committee to advise the office in selecting one or more
  high-performance building design evaluation systems to approve for
  use under Subsection (b-1).  At least once every two years, the
  advisory committee shall review available high-performance
  building standards and make recommendations to the office.  The
  advisory committee consists of:
               (1)  one individual appointed by the comptroller who
  represents the state energy conservation office and who serves as
  the presiding officer of the committee;
               (2)  eight 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 American Society of Landscape Architects;
                     (E)  a list submitted by the president of the
  Texas Chemical Council;
                     (F)  a list submitted by the Texas State Building
  and Construction Trades Council;
                     (G)  a list submitted by the president of the
  Texas chapter of the Urban Land Institute; and
                     (H)  a list submitted by the chair of the Brick
  Industry Association;
               (3)  the director of facilities construction and space
  management appointed under Section 2152.104;
               (4)  one individual representing the Energy Systems
  Laboratory of the Texas Engineering Experiment Station of The Texas
  A&M University System;
               (5)  one individual representing a state agency that
  has a substantial ongoing construction program; and
               (6)  one individual representing the interests of
  historically underutilized businesses.
         (b-3)  A contract between a state agency 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 certification requirements of Subsection (b-1) is
  considered an additional service rather than a basic service.  A
  governmental entity may not disallow the allocation of federal
  deductions to eligible design professionals authorized by the
  Energy Policy Act of 2005 (Pub. L. No. 109-58).
         SECTION 3.  Sections 388.003(c) and (e), Health and Safety
  Code, are amended to read as follows:
         (c)  A municipality shall establish procedures:
               (1)  for the administration and enforcement of the
  codes; [and]
               (2)  to ensure that code-certified inspectors shall
  perform inspections and enforce the code in the inspectors'
  jurisdictions; and
               (3)  to track and report to the state energy
  conservation office on implementation of the codes.
         (e)  Local amendments may not result in less stringent energy
  efficiency requirements in nonattainment areas and in affected
  counties than the energy efficiency chapter of the International
  Residential Code or International Energy Conservation Code.  Local
  amendments must comply with the National Appliance Energy
  Conservation Act of 1987 (42 U.S.C. Sections 6291-6309), as
  amended.  The laboratory, at the request of a municipality or
  county, shall determine the relative impact of proposed local
  amendments to an energy code, including whether proposed amendments
  are substantially equal to or less stringent than the unamended
  code.  For the purpose of establishing uniform requirements
  throughout a region, and on request of a council of governments, a
  county, or a municipality, the laboratory may recommend a
  climatically appropriate modification or a climate zone
  designation for a county or group of counties that is different from
  the climate zone designation in the unamended code.  The laboratory
  shall:
               (1)  report its findings to the council, county, or
  municipality, including an estimate of any energy savings potential
  above the unamended [base] code from local amendments; and
               (2)  annually submit a report to the commission:
                     (A)  identifying the municipalities and counties
  whose codes are more stringent than the unamended code, and whose
  codes are equally stringent or less stringent than the unamended
  code; and
                     (B)  quantifying energy savings and emissions
  reductions from this program for consideration in the state
  implementation plan for emissions reduction credit.
         SECTION 4.  Section 388.007, Health and Safety Code, is
  amended by amending Subsection (c) and adding Subsection (d) to
  read as follows:
         (c)  The laboratory may provide local jurisdictions with
  technical assistance concerning implementation and enforcement of
  the International Energy Conservation Code and the energy
  efficiency chapter of the International Residential Code,
  including local amendments to those codes.
         (d)  The laboratory may conduct outreach to the real estate
  industry, including real estate agents, home builders, remodelers,
  appraisers, and financial institutions, on the value of energy code
  compliance and verified, above-code, high-performance
  construction.
         SECTION 5.  Section 55.115, Education Code, as added by this
  Act, and Section 447.004, Government Code, as amended 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 6.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 51 was passed by the House on May 13,
  2011, by the following vote:  Yeas 97, Nays 33, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 51 on May 27, 2011, by the following vote:  Yeas 86, Nays 53, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 51 was passed by the Senate, with
  amendments, on May 25, 2011, by the following vote:  Yeas 27, Nays
  4.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor