H.F. 2359 Section 1. NEW SECTION . 473B.1 High performance public 1 building certification —— program established —— legislative 2 intent. 3 The intent of the general assembly is to promote 4 effective energy and environmental standards for the design, 5 construction, renovation, and maintenance of public buildings. 6 These standards shall improve the capacity of the state to 7 operate high performance buildings and thereby increasing 8 energy independence, increasing demand for environmentally 9 preferable building materials, finishes, and furnishings, 10 reducing waste generation and manage waste through recycling 11 and diversion from landfill disposal, and establishing life 12 cycle cost analysis as the appropriate and most efficient 13 analysis to determine the optimal performance level of a 14 building project. 15 Sec. 2. NEW SECTION . 473B.2 Definitions. 16 As used in this section, unless the context otherwise 17 requires: 18 1. “Department” means the department of administrative 19 services. 20 2. “High performance certification” means a public building 21 design, construction, and renovation standard that is certified 22 by an independent third-party organization pursuant to section 23 473B.3 as having been achieved. 24 3. “Public building” means a facility that meets all of the 25 following conditions: 26 a. Is constructed or renovated in whole or in part with 27 state funds or with funds guaranteed or insured by a state 28 agency, with the state or guaranteed funding constituting at 29 least fifty percent of the project cost. 30 b. Contains ten thousand or more square feet. 31 c. Includes a heating, ventilation, or air conditioning 32 system. 33 d. Has not entered the design phase prior to July 1, 2010. 34 4. “State agency” means an agency, department, authority, 35 -1- LSB 6109YH (1) 83 rn/sc 1/ 6

H.F. 2359 board, commission, council, court, office, bureau, institution, 1 unit, or division of the executive or judicial branches of 2 state government, whether elected or appointed, including 3 institutions under the control of the state board of regents. 4 5. “Substantial renovation” means any renovation of a 5 public building the cost of which exceeds fifty percent of the 6 replacement value of the facility. 7 Sec. 3. NEW SECTION . 473B.3 Program established. 8 1. The department shall adopt rules establishing a high 9 performance certification program. The objectives of the 10 program shall include the following: 11 a. Reducing operating costs of public buildings by 12 decreasing the consumption of energy, water, and other 13 resources. 14 b. Recovering the increased initial capital costs 15 attributable to compliance with the program by reducing 16 long-term energy, maintenance, and operating expenses. 17 c. Improving the indoor environmental quality of public 18 buildings for a healthier work environment. 19 2. A state agency designing, constructing, or controlling 20 the substantial renovation of a public building on or after 21 July 1, 2010, shall be required to submit design plans and 22 specifications to the department for approval before contracts 23 for the construction or substantial renovation are let. A 24 proposal shall not be approved unless high performance 25 certification is achieved, subject to the provisions of 26 subsection 3. The department shall adopt rules establishing a 27 certification process by an independent third party that the 28 design, construction, or substantial renovation, based upon a 29 life cycle cost analysis conducted pursuant to chapter 470, 30 meets the minimum standards of the United States green building 31 council’s leadership in energy and environmental design 32 rating system (LEED), the green building initiative’s green 33 globes rating system, or standards developed by an alternative 34 third-party organization designated by the department. 35 -2- LSB 6109YH (1) 83 rn/sc 2/ 6

H.F. 2359 3. Notwithstanding subsection 2, the department may waive 1 the high performance certification requirement if a state 2 agency submits an estimate indicating that the increased 3 initial costs of achieving certification are projected to 4 exceed five percent of the total design and construction or 5 substantial renovation costs, and the department determines 6 that the public building is not anticipated to recoup these 7 costs through decreased operational and maintenance expenses 8 within five years. In the event a waiver is granted, an 9 accredited construction, engineering, or architectural 10 professional associated with the proposed public building 11 project shall submit to the department a written declaration 12 that to the extent possible the construction or substantial 13 renovation shall be executed in a manner which is consistent 14 with the program’s high performance certification standards. 15 A waiver pursuant to this subsection shall not be granted if 16 the department determines that the public building can be 17 anticipated to recoup the increased costs within five years. 18 4. A public building of less than ten thousand square feet, 19 nonsubstantial renovations of public buildings, and public 20 building maintenance programs shall, to the extent possible, 21 conform to high performance certification standards. 22 5. When awarding contracts for the design, construction, or 23 substantial renovation of a public building, preference shall 24 be given to companies employing at least one LEED-accredited 25 individual. The department shall identify and seek to have 26 public buildings receiving high performance certification 27 designated as an energy star building pursuant to the energy 28 star program developed and jointly administered by the United 29 States environmental agency and the United States department 30 of energy. 31 6. The department shall develop and implement a process 32 to monitor and evaluate the program, and shall, by January 1 33 annually, submit a report regarding compliance with program 34 guidelines, indicating the number of public buildings receiving 35 -3- LSB 6109YH (1) 83 rn/sc 3/ 6

H.F. 2359 high performance certification, and describing any resulting 1 energy and environmental benefits observed. 2 EXPLANATION 3 This bill establishes a high performance certification 4 program administered by the department of administrative 5 services and applicable to public buildings. 6 The bill states that the intent of the general assembly is to 7 promote effective energy and environmental standards for the 8 design, construction, renovation, and maintenance of public 9 buildings. The bill further states that these standards will 10 improve the capacity of the state to operate high performance 11 buildings to increase energy independence, increase demand for 12 environmentally preferable building materials, finishes, and 13 furnishings, reduce waste generation and manage waste through 14 recycling and diversion from landfill disposal, and establish 15 life cycle cost analysis as the appropriate and most efficient 16 analysis to determine the optimal performance level of a 17 building project. 18 The bill provides that the department shall adopt rules 19 establishing the program, with objectives which include 20 reducing operating costs of public buildings by decreasing the 21 consumption of energy, water, and other resources; recovering 22 the increased initial capital costs attributable to compliance 23 with the program over time by reducing long-term energy, 24 maintenance, and operating expenses; and improving the indoor 25 environmental quality of public buildings for a healthier work 26 environment. The bill defines a public building as a facility 27 that is constructed or renovated in whole or in part with state 28 funds or with funds guaranteed or insured by a state agency, 29 with state or guaranteed funds constituting at least 50 percent 30 of the project cost; that contains 10,000 or more square feet; 31 includes a heating, ventilation, or air conditioning system; 32 and has not entered the design phase prior to July 1, 2010. 33 The bill provides that a state agency, as defined in the 34 bill, which is designing, constructing, or controlling the 35 -4- LSB 6109YH (1) 83 rn/sc 4/ 6

H.F. 2359 substantial renovation of a public building on or after 1 July 1, 2010, shall be required to submit design plans and 2 specifications to the department for approval before contracts 3 for the construction or substantial renovation are let. The 4 bill defines “substantial renovation” to mean any renovation 5 of a public building the cost of which exceeds 50 percent 6 of the replacement value of the facility. The bill provides 7 that a proposal shall not be approved unless high performance 8 certification is achieved pursuant to a process conducted 9 by an independent third party certifying that the design, 10 construction, or substantial renovation meets the minimum 11 standards of the United States green building council’s 12 leadership in energy and environmental design rating system 13 (LEED), the green building initiative’s green globes rating 14 system, or standards developed by an alternative third-party 15 organization designated by the department. 16 The bill provides for a waiver from these requirements if a 17 state agency submits an estimate indicating that the increased 18 initial costs of achieving certification are projected to 19 exceed 5 percent of the total design and construction or 20 substantial renovation costs, and the department determines 21 that the public building is not anticipated to recoup these 22 costs through decreased operational and maintenance expenses 23 within five years. In this event, the bill requires an 24 accredited construction, engineering, or architectural 25 professional associated with the proposed public building 26 project to submit a written declaration that to the extent 27 possible the construction or substantial renovation shall be 28 executed in a manner which is consistent with the program’s 29 high performance certification standards. The bill states that 30 a waiver shall not be granted if the department determines that 31 the public building can be anticipated to recoup the costs 32 within a five-year period. 33 The bill provides that public buildings of less than 10,000 34 square feet, nonsubstantial public building renovations, and 35 -5- LSB 6109YH (1) 83 rn/sc 5/ 6

H.F. 2359 public building maintenance programs shall, to the extent 1 possible, conform to high performance certification standards. 2 Additionally, the bill states that when awarding contracts 3 for the design, construction, or substantial renovation of 4 a public building, preference shall be given to companies 5 employing at least one LEED-accredited individual. The bill 6 directs the department to identify and seek to have public 7 buildings receiving high performance certification designated 8 as an energy star building pursuant to the energy star program 9 developed and jointly administered by the United States 10 environmental agency and the United States department of 11 energy. 12 The bill requires the department to develop and implement 13 a process to monitor and evaluate the program and to submit a 14 report regarding compliance with program guidelines, the number 15 of public buildings receiving high performance certification, 16 and resulting energy and environmental benefits observed, by 17 January 1 annually. 18 -6- LSB 6109YH (1) 83 rn/sc 6/ 6