By: Anchia H.B. No. 3149
A BILL TO BE ENTITLED
AN ACT
relating to the adoption and financing of energy efficiency,
conservation, and indoor air quality standards for the design,
construction, and renovation of public school instructional
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 to enable school districts
to achieve long-term savings in energy and water costs through
innovative building techniques.
(c) 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 that:
(1) is developed and revised through a consensus-based
process;
(2) provides minimum requirements for energy use,
natural resources use, and indoor air quality;
(3) requires substantiating documentation for
certification;
(4) employs third-party, post-construction review and
verification for certification; and
(5) is determined by the energy office to be
nationally recognized in the building industry, such as:
(i) the Texas Collaborative for High Performance
Schools (TX-CHPS) Criteria;
(ii) the Green Building Initiative's Green
Globes program; or
(iii) the Leadership in Energy and Environmental
Design (LEED) Green Building Rating System.
(d) A school district that constructs a new instructional
facility or conducts a major renovation of an existing
instructional facility shall ensure that the instructional
facility meets the standards adopted by the energy office under
this section.
(e) The energy office may update the standards adopted under
this section not more frequently than once every three years. A
standard adopted under this section does not become effective until
the first anniversary of the date on which the standard was adopted.
(f) The energy office shall adopt rules necessary to
administer this section. The energy office shall require all rules
to be reviewed and published for comment by an advisory panel prior
to adoption. The advisory panel, to be appointed by the
Commissioner of Education, shall include:
(i) two superintendents or their designee;
(ii) one public school architect;
(iii) one public school engineer; and
(iv) one public school trustee.
SECTION 3. Section 44.902, Education Code, is amended to
read as follows:
Sec. 44.902. GOAL TO REDUCE CONSUMPTION OF ELECTRIC
ENERGY. The board of trustees of a school district may [shall]
establish a goal to reduce the school district's annual electric
consumption by five percent each state fiscal year for six years
beginning September 1, 2007.
SECTION 4. Section 46.003(a), Education Code, is amended to
read as follows:
(a) For each year, except as provided by Sections 46.005 and
46.006, a school district is guaranteed a specified amount per
student in state and local funds for each cent of tax effort, up to
the maximum rate under Subsection (b), to pay the principal of and
interest on eligible bonds issued to construct, acquire, renovate,
or improve an instructional facility. The amount of state support
is determined by the formula:
FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))
where:
"FYA" is the guaranteed facilities yield amount of state
funds allocated to the district for the year;
"FYL" is the dollar amount guaranteed level of state and
local funds per student per cent of tax effort, which is $50 [$35]
or a greater amount for any year provided by appropriation;
"ADA" is the greater of the number of students in average
daily attendance, as determined under Section 42.005, in the
district or 400;
"BTR" is the district's bond tax rate for the current year,
which is determined by dividing the amount budgeted by the district
for payment of eligible bonds by the quotient of the district's
taxable value of property as determined under Subchapter M, Chapter
403, Government Code, or, if applicable, Section 42.2521, divided
by 100; and
"DPV" is the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, Section 42.2521.
SECTION 5. Section 46.032(a), Education Code, is amended to
read as follows:
(a) Each school district is guaranteed a specified amount
per student in state and local funds for each cent of tax effort to
pay the principal of and interest on eligible bonds. The amount of
state support, subject only to the maximum amount under Section
46.034, is determined by the formula:
EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100))
where:
"EDA" is the amount of state funds to be allocated to the
district for assistance with existing debt;
"EDGL" is the dollar amount guaranteed level of state and
local funds per student per cent of tax effort, which is $50 [$35]
or a greater amount for any year provided by appropriation;
"ADA" is the number of students in average daily attendance,
as determined under Section 42.005, in the district;
"EDTR" is the existing debt tax rate of the district, which is
determined by dividing the amount budgeted by the district for
payment of eligible bonds by the quotient of the district's taxable
value of property as determined under Subchapter M, Chapter 403,
Government Code, or, if applicable, under Section 42.2521, divided
by 100; and
"DPV" is the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, under Section 42.2521.
SECTION 6. Not later than July 1, 2010, 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. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.