2011S0573-1 03/04/11
By: Hinojosa S.B. No. 1318
A BILL TO BE ENTITLED
AN ACT
relating to design, construction, and renovation standards for
state buildings and facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The purpose of this Act is to implement
high-performance building standards in the design and construction
or renovation of state buildings in order to realize utility cost
savings and operating cost savings to the state.
SECTION 2. Subchapter I, Chapter 2166, Government Code, is
amended by adding Section 2166.407 to read as follows:
Sec. 2166.407. 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 meets 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 an 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) six 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; and
(F) a list of registered interior designers
submitted by the president of the Texas Association for 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
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 3. 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 order
to realize savings to the institution in utility costs and other
operating costs. In approving high-performance building
standards, a board of regents shall consider the standards approved
by the Texas Facilities Commission under Section 2166.407,
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 4. Section 55.115, Education Code, and Section
2166.407, 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 5. This Act takes effect September 1, 2011.