By: Lucio III, Cook, et al. H.B. No. 51
(Senate Sponsor - Hinojosa)
(In the Senate - Received from the House May 16, 2011;
May 17, 2011, read first time and referred to Committee on Natural
Resources; May 24, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 1;
May 24, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 51 By: Seliger
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 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) 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.
(d) This section does not apply to an institution of higher
education that constructs or renovates a building, structure, or
other facility if the institution:
(1) determines that compliance with the standards
described by Subsection (b) is impractical;
(2) notifies the state energy conservation office of
the determination; and
(3) provides documentation supporting the
determination under Subdivision (1) to the state energy
conservation office.
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.
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