Senate
Study
Bill
1091
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
creating
a
high
performance
certification
program
1
applicable
to
certain
public
buildings.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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,
2011.
34
4.
“State
agency”
means
an
agency,
department,
authority,
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_____
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,
2011,
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
rating
32
system,
the
green
building
initiative’s
green
globes
rating
33
system,
or
standards
developed
by
an
alternative
third-party
34
organization
designated
by
the
department.
35
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_____
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,
23
or
substantial
renovation
of
a
public
building,
preference
24
shall
be
given
to
companies
employing
at
least
one
individual
25
accredited
in
green
design
rating
systems.
The
department
26
shall
identify
and
seek
to
have
public
buildings
receiving
high
27
performance
certification
designated
as
an
energy
star
building
28
pursuant
to
the
energy
star
program
developed
and
jointly
29
administered
by
the
United
States
environmental
agency
and
the
30
United
States
department
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
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_____
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,
2011.
33
The
bill
provides
that
a
state
agency,
as
defined
in
the
34
bill,
which
is
designing,
constructing,
or
controlling
the
35
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_____
substantial
renovation
of
a
public
building
on
or
after
1
July
1,
2011,
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
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_____
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
individual
accredited
in
green
design
6
rating
systems.
The
bill
directs
the
department
to
identify
7
and
seek
to
have
public
buildings
receiving
high
performance
8
certification
designated
as
an
energy
star
building
pursuant
to
9
the
energy
star
program
developed
and
jointly
administered
by
10
the
United
States
environmental
agency
and
the
United
States
11
department
of
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.
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