82R426 MCK-D
By: Lucio III, Cook, et al. 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.