Appendix A1
States With LEED® and/or Sustainable Design Laws (2014)
[NOTE: click on State name to link to the applicable law]
Red Letter Edition for each use of “LEED”
1.
Alaska. ALASKA STAT. § 44.42.067.
The Department of Transportation and
Public Facilities shall work to get at least 25% of all public facilities to an ASHRAE/IESNA
standard 90.1. All newly constructed public facilities must meet the most recently published
edition of the ASHRAE/IESNA standard 90.1.
Web-link: Ariz. Rev. Stat. § 34-451 et seq.
2.
Arizona. ARIZ. REV. STAT. §§ 34-451 et seq.
Encourages energy conservation
standards for new capital projects and directs the governor’s energy office to develop and
implement a program to enter into performance contracts solely for the purpose of achieving
energy savings.
Web-link: Ariz. Rev. Stat. § 34-451 et seq.
ARIZ. REV. STAT. § 41-111. Establishes a solar energy advisory council to assist, advise
and encourage on matters relating to the development and use of solar energy and other
renewable resources.
Web-link: Ariz. Rev. Stat. § 41-111
ARIZ. REV. STAT. § 41,1510.01. Establishes procedures for identifying commercial solar
energy projects that qualify for the purposes of the commercial solar energy income tax credits
under sections 43-1085 and 43-1164.
Web-link: Ariz. Rev. Stat. § 41-1510.01
1
To the best of the author’s knowledge, Appendix A is complete as of May 2014. The scope of Appendix
A covers State statutes related to sustainable design and LEED requirements. Appendix A does not cover all state
laws and regulations pertaining to energy savings. While this Appendix A focuses only on State-level statutes,
Federal laws may also apply. Readers should note that the information in this Appendix A was compiled from
individual State sources that are created by each State and which are maintained and updated with varying
frequencies. Readers should consult the source information provided for each Sate directly in order to check for
updates to that State’s laws and regulations or conduct further research.
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ARIZ. REV. STAT. § 43-1083. Provides a credit against taxes for the installation of a solar
energy device on the taxpayer's residence.
Web-link: Ariz. Rev. Stat. § 43-1083
ARIZ. REV. STAT. § 43-1083.01. Provides a credit against taxes for investing in renewable
energy manufacturing.
Web-link: Ariz. Rev. Stat. § 43-1083.01
ARIZ. REV. STAT. § 43-1083.02. Definitions for renewable energy production tax credit.
Web-link: Ariz. Rev. Stat. § 43-1083.02
ARIZ. REV. STAT. § 43-1085. Provides a credit against taxes for the installation of a solar
energy device in a commercial or industrial application.
Web-link: Ariz. Rev. Stat. § 43-1085
ARIZ. REV. STAT. § 43-1085.01. Provides a credit against taxes solar liquid fuel research
and development, production and delivery.
Web-link: Ariz. Rev. Stat. § 43-1085.01
ARIZ. REV. STAT. § 43-1090. Provides a credit against taxes for costs incurred in the
installation of solar hot water heating stub outs and electric vehicle recharge outlets in the
construction of residences.
Web-link: Ariz. Rev. Stat. § 43-1090
ARIZ. REV. STAT. § 43-1164. Provides a credit against taxes for the installation of a solar
energy device in a commercial or industrial application.
Web-link: Ariz. Rev. Stat. § 43-1164
ARIZ. REV. STAT. § 43-1176. Provides a credit against taxes for costs incurred in the
installation of solar hot water heating stub outs and electric vehicle recharge outlets in the
construction of residences.
Web-link: Ariz. Rev. Stat. § 43-1176
Arkansas. ARK. CODE ANN. § 22-3-1801, et. seq.
Entitled, “Arkansas
Energy and Natural Resource Conservation Act,” under this Statute State agencies conducting or
funding a public building project are encouraged to utilize LEED® or Green Globes rating
3.
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systems. The Statute also establishes a Legislative Task Force on Sustainable Building Design
and Practices.
Web-link: ARK. CODE ANN. § 22-3-1801, et. seq.
ARK. CODE ANN. § 22-3-2001, et. seq. Entitled, “Sustainable Energy- Efficient Buildings
Program”. This statute is to promote energy conservation in buildings owned by public agencies
and buildings owned by institutions of higher education.
Web-link: ARK. CODE ANN. § 22-3-2001, et. seq.
California. CAL. GOV'T CODE §§ 15814.30, et. seq. Entitled “Energy
Efficiency in Public Buildings”, the statutes apply to buildings that exceed 10,000 dollars per
year in energy costs. Existing buildings will be renovated and new buildings will be models of
energy efficiency.
4.
Web-link: CAL. GOV’T CODE §§ 15814.30, et. seq.
CAL. EDUC. CODE §§ 81620-24. Entitled the, "Statewide Energy Management Program,"
the California Board of Governors shall support the goal of moving California Community
Colleges toward energy independence.
Web-link: CAL. EDUC. CODE §§ 81620-24.
Executive Order S-20-04. On December 14, 2004, Governor Schwarzenegger singed
Executive Order S-20-04 requiring the design, construction and operation of all new and
renovated state-owned facilities to be LEED® Silver.
Web-link: Executive Order S-20-04.
5.
Colorado. COLO. REV. STAT. §§ 24-30-1301, 24-30-1304, 24-30-1305.
Directs state agencies to insure life-cycle cost analyses and energy conservation practices are
considered in the design and construction of state facilities.
Web-link: COLO. REV. STAT. §§ 24-30-1301, 24-30-1304, 24-30-1305
COLO. REV. STAT. §§ 24-38.5-201, et. seq. Entitled “Green Building Incentive Pilot
Program”. A program to provide incentive for new residential construction that meets energy
efficiency standards.
Web-link: COLO. REV. STAT. §§ 24-38.5-201, et seq.
COLO. REV. STAT. § 30-28-211. Legislative intent to have energy efficient buildings
codes.
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Web-link: COLO. REV. STAT. § 30-28-211.
Executive Order D005 05. Governor Owens signed Executive Order # D005 05 adopting
LEED® for Existing Buildings and incorporating LEED® for New Construction practices for
all state buildings. The order also creates a Colorado Greening Government Coordinating
Council to develop and implement conservation policies.
Web-link: Executive Order D 005 05
Connecticut. CONN. GEN. STAT. § 16a-38k. Under this Statute any new
construction of a State facility over five million dollars shall exceed the LEED® silver building
rating system for new commercial construction and major renovation projects or equivalent
standard.
6.
Web-link: CONN. GEN. STAT. § 16a-38k.
CONN. GEN. STAT. § 12-217mm. This statute gives a tax credit for a real estate
development project that is designed to meet LEED® gold building rating system.
Web-link: CONN. GEN. STAT. § 12-217mm.
7.
Delaware. DEL. CODE ANN. tit. 29 § 8057.
Provides for the State Energy
Office to administer moneys in the Green Energy Fund through a program of environmental
incentive grants and loans for the development, promotion and support of energy efficiency
programs and renewable or alternative energy technology in the State.
Web-link: DEL. CODE ANN. tit. 29 § 8057
Executive Order 10-18. On February 17th, 2010, Governor Markell signed Executive Order
18 adopting LEED® for Existing Buildings and incorporating LEED® for New Construction
practices for all state buildings. The order requires all state agencies to work with architects and
engineers on meeting or exceeding LEED® Silver standards.
Web-link: Executive Order 10-18
District of Columbia. D.C. CODE ANN. §§ 6-1412. The Mayor shall revise
the construction codes to incorporate as may significant green building practices as practicable
for the District of Columbia area. The mayor will provide a written report on the progress.
8.
Web-link: D.C. CODE ANN. § 6-1412.
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D.C. CODE ANN. §§ 2-1226.32, 2-1226.34, 2-1226.35 Environmental building
regulations for any development around the Anacostia Waterfront. All projects must meet a
LEED® Gold Standard.
Web-link: D.C. CODE ANN. § 2-1226.32.
Web-link: D.C. CODE ANN. § 2-1226.34.
Web-link: D.C. CODE ANN. § 2-1226.35.
D.C. CODE ANN. §§ 6-1451.01 et. seq. All city-owned or funded projects, including
public housing, over 10,000 square feet must meet LEED® Gold Level and/or must be designed
to achieve certain energy efficiency targets. Beginning in 2009 new private commercial projects
of 50,000 square feet must submit a "green building checklist" as part of a building permit
application. Finally, beginning in 2012 applications for permits of new commercial construction
or substantial improvements over 50,000 square feet must exceed or fulfill certain LEED®
standards and post a performance bond.
Web-link: D.C. CODE ANN. §§ 6-1451.01 et. seq.
D.C. CODE ANN. § 1-1601.05. The National's new baseball stadium shall be designed and
constructed in a manner to promote the minimization of waste production taking into account
applicable criteria of LEED-NC.
Web-link: D.C. CODE ANN. § 1-1601.05
9.
Florida. Executive Order 07-126.
Governor Crist issued Executive Order #07126 adopting LEED-NC for any new building constructed for or by the State. New construction
projects must strive for Platinum certification, the highest level possible. The Executive Order
also required the Department of Management Services to implement LEED-EB across all
buildings currently owned and operated by the department on behalf of client agencies. In
addition, agencies and departments were instructed to only enter into new leasing agreements for
office space that meets Energy Star building standards, unless no other viable alternative exists.
Web-link: Executive Order 07-126
Executive Order 07-127. Governor Crist issued Executive Order 07-127 directing the
adoption of maximum emission levels of greenhouse gases for electric utilities. The standard will
require a reduction of emissions to 2000 levels by 2017, to 1990 levels by 2025, and by 80
percent of 1990 levels by 2050. Florida will also adopt the California motor vehicle emission
standards, pending approval of the U.S. Environmental Protection Agency waiver. The standard
is a 22-percent reduction in vehicle emissions by 2012 and a 30-percent reduction by 2016.
Additionally, Florida will require energy-efficient consumer appliances to increase efficiency by
15 percent of current standards. Finally, Governor Crist requested that the Public Service
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Commission adopt a 20 percent Renewable Portfolio Standard by 2020, with a strong focus on
solar and wind energy.
Web-link: Executive Order 07-127
Executive Order 07-128. Governor Crist signed Executive Order 07-128 which will allow
for the appointment of diverse stakeholders to a Governor’s Action Team on Energy and Climate
Change. Team members will create a Florida Climate Change Action Plan that will include
strategies beyond today’s Executive Orders to reduce emissions, including recommendations for
proposed legislation for consideration during the 2008 Legislative Session and beyond.
Web-link: Executive Order 07-128
10.
Georgia. GA. CODE ANN. § 50-8-18
All major state funded projects must be
performed by a professional engineer, design professional, or commissioning agent using
methodology approved by the Department of Energy, current ASHRAE standards, or other
similar methodology. To achieve sustainable building standards, construction projects may
utilize nationally recognized high performance energy rating system however it cannot be to the
detriment of materials manufactured in Georgia.
Web-link: GA. CODE ANN. § 50-8-18
11.
Hawaii. HAW. REV. STAT. § 46-19.6.
Under this Statute any county agency that
issues a building related permit shall establish a priority processing procedure for permit
applications of private entities for a construction project that incorporate energy and
environmental design building standards (LEED® Silver) into its project design.
Web-link: HAW. REV. STAT. § 46-19.6
HAW. REV. STAT. §§ 196-1 et seq. Directs state agencies to: design and construct
buildings meeting LEED® Silver standard; incorporate energy-efficiency measures to prevent
heat gain in residential facilities; install solar water heating systems; and other energy efficiency
and environmental standards for state facilities, motor vehicles and transportation fuel.
Web-link: HAW. REV. STAT. § 196-1 et seq.
HAW. REV. STAT. §§ 196-61 et seq. These statutes titled “Green Infrastructure Loans”
establish a loan program for private entities that provide green infrastructure equipment to utility
customers.
Web-link: HAW. REV. STAT. § 196-61 et seq.
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12.
Idaho. IDAHO CODE ANN. § 33-356.
A new school buildings must use an
integrated design practice, which entails making sure the project team and owner stick to the
planned energy goals.
Web-link: IDAHO CODE ANN. § 33-356.
Illinois. ILL. COMP. STAT. §§ 20 ILCS 3105/10.04. Under 20 ILCS
3105/10/04 a series of training workshops shall be created to increase awareness and
understanding of green building techniques and green building rating systems. Additionally, no
less than 3 construction projects shall be identified to serve as case studies for achieving
certification using nationally recognized and accepted green building guidelines with findings
reported to the Generally Assembly no later than December 31, 2008.
13.
Web-link: ILL. COMP. STAT. §§ 20 ILCS 3105/10.04.
ILL. COMP. STAT. § 20 ILCS 3130/15. Under 20 ILCS 3130/15 All new state funded
buildings must seek LEED®, Green Globes, or equivalent certification. New buildings under
10,000 square feet must meet the highest standard. New buildings greater than 10,000 square feet
must establish a silver LEED® rating.
Web-link: ILL. COMP. STAT. §§ 20 ILCS 3130/15
ILL. COMP. STAT. § 20 ILCS 605/605-981. Under 20 ILCS 605 green cities grant
programs are established for municipalities and private developments which meet certain
LEED® certification standards.
Web-link: ILL. COMP. STAT. §§ 20 ILCS 605/605-981
ILL. COMP. STAT. §§ 30 ILCS 737/1 et seq. Entitled the "Green Neighborhood Grant
Act" this provides for the establishment of grants to private developments who achieve
certification under LEED-ND standard.
Web-link: ILL. COMP. STAT. §§ 30 ILCS 737/1 et seq.
ILL. COMP. STAT. § 105 ILCS 230/5-40. With respect to school construction projects for
which a school district applies for a grant after July 1, 2007, the project must receive LEED®
certification or an equivalent standard.
Web-link: ILL. COMP. STAT. §§ 105 ILCS 230/5-40
Executive Order 09-07. Governor Quinn signed an executive order on Apr. 1, 2009,
ordering the Department of Central Management Services to instate a program to increase energy
efficiency and track the progress for all state owned and leased buildings.
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Web-link: Executive Order 09-07
14.
Indiana. Executive Order 08-14. New state buildings must meet LEED® Silver
certification standard, a two-globe rating under the Green Globe rating system, Energy Star
certification, or another nationally recognized rating system.
Web-link: Executive Order 08-14
15.
Kansas. KAN. STAT. ANN. § 75-37,129a. The Secretary of Administration shall
adopt energy efficiency performance standards required of all newly built and newly renovated
state buildings.
Web-link: KAN. STAT. ANN. § 75-37,129a
KAN. STAT. ANN. § 66-1227. The statute adopts the International Energy Conservation code
for state buildings but the state corporation commission has no authority to adopt or enforce
energy efficiency standards for residential, commercial or industrial structures.
Web-link: KAN. STAT. ANN. § 66-1227.
16.
Kentucky. KY. REV. STAT. ANN. §§ 56.770 - .784 et seq.
Instructs the
Finance and Administration Cabinet to administer an energy efficiency program known as the
Energy Efficiency Program for State Government Buildings. The Program provides for the
implementation of low cost/no cost energy conservation measures, energy efficiency measures,
building improvements and monitoring of results for state-owned buildings.
Web-link: KY. REV. STAT. ANN. §§ 56.770 - .784 et seq.
KY. REV. STAT. ANN. §§ 141.435 et. seq. The following statutes are tax credits for
energy efficiency products and homes. There is an $800 tax credit for building a new ENERGY
STAR home, as well as a tax credit for installing energy efficient products in residential and
commercial property.
Web-link: KY. REV. STAT. ANN. §§ 141.435 et. seq.
Louisiana. LA. REV. STAT. ANN. § 40:1730.49. Under this Statute state
funded new construction building projects and renovation projects meeting specific criteria as
defined by Statute must be designed, constructed and certified to exceed the requirements of the
Louisiana state energy code by at least 30 percent.
17.
Web-link: LA. REV. STAT. ANN. § 40:1730.49
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18.
Maine. ME. RE. STAT. ANN. tit 5, § 1764.
Under the "Energy Conservation in
Buildings Act" the Bureau of General Services shall adopt rules and guidelines for conducting an
energy-related life-cycle costs analysis of alternative architectural or engineering designs and
shall evaluate the efficiency of energy utilization for designs in the construction and lease of
public improvements and public school facilities.
Web-link: ME. RE. STAT. ANN. tit 5, § 1764
ME. RE. STAT. ANN. tit 20-A, § 1764-A. The state board shall require, as a condition for
state funding for construction, that all planning and design for new or substantially renovated
state owned or state leased buildings take into consideration life-cycle cost analysis and include
an energy-use target that exceeds at least 20% energy efficiency.
Web-link: ME. RE. STAT. ANN. tit 5. § 1764-A
ME. RE. STAT. ANN. tit 20-A, § 15908-A. The state board shall require, as a condition
for state funding for construction, that all planning and design for new or substantially renovated
school buildings take into consideration life-cycle cost analysis and include an energy-use target
that exceeds at least 20% energy efficiency.
Web-link: ME. RE. STAT. ANN. tit 20-A, § 15908-A
Executive Order 07-128. Governor LePage superseded 2003 Executive Order 07-128
which incorporated LEED® guidelines and now directed state buildings to use materials
certified under the Sustainable Forestry Initiative, Forest Stewardship Council, American Tree
Farm System and Programme for the Endorsement of Forest Certification systems.
Web-link: Executive Order 27 FY 11/12
19.
Maryland. MD. CODE ANN. STATE FIN. & PROC. § 4-809.
Establishes the
Maryland Green Building Council and the Task Force on Green Building to evaluate and make
recommendations regarding methods of facilitating public demand for environmentally sensitive
communities and improving low-impact sustainable developments.
Web-link: MD. CODE ANN. State Fin. & Proc. § 4-809
MD. CODE ANN. TAX-GEN. § 10-722. Allows for individuals and corporations to claim
state tax credits for green buildings, green building components and high-performance buildings
as defined by Statute.
Web-link: MD. CODE ANN. TAX-GEN. § 10-722
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MD. PUB. SAFETY § 12-509. Encourages the construction of new residential structures that
meet or exceed silver LEED® standard.
Web-link: MD. PUB. SAFETY § 12-509.
MD. CODE ANN. TAX-PROP. § 9-242.
Awards a tax credit against the county or
municipal corporation property tax imposed on a high-performance building.
Web-link: MD. CODE ANN. TAX-PROP. § 9-242
MD. PUB. UTIL. COS. § 21-104.
Any capital project should use green building
technologies in order to build a high performance building. Any building over 7,500 square feet
should meet an LEED® silver standard.
Web-link: MD. PUB. UTIL. COS. § 21-104
20.
Massachusetts. MASS. GEN. LAWS ch. 7C, §§ 30, 31.
Allows for an
evaluation of the energy consumption of each building through energy audits. The director of
facilities management shall recommend standards and guidelines governing energy conservation.
The division of capital asset management and maintenance shall evaluate the potential for
increasing the energy efficiency in each building owned or leased by the state.
Web-link: MASS. GEN. LAWS ch. 7C, §§ 30-31.
Executive Order 484. In 2007 Governor Patrick issued Executive Order 484 entitled
“Leading by Example - Clean Energy and Efficient Buildings.” The Order instructed all agencies
involved in the construction and major renovation projects of over 20,000 square feet to meet
LEED® certification as well as energy performance 20% better than the Massachusetts Energy
Code.
Web-link: Executive Order 484
Executive Order 515. In 2009 Governor Patrick issued Executive Order 484 entitled
“Establishing an Environmental Purchasing Policy.” The Order instructed that the
Environmentally Preferable Products program shall, when appropriate, utilize independent, third
party standards and certifications, including but not limited to Green Seal, EcoLogo, ENERGY
STAR, BioPreferredSM, Leadership in Energy and Environmental Design (LEED),
GREENGUARD, Forest Stewardship Council (FSC) and others, to verify the environmental
claims of products or services.
Web-link: Executive Order 515
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21.
Michigan. MICH. COMP. LAWS § 207.821 et. seq.
Establishes the Michigan
next energy authority to promote alternative energy technology and economic growth in the
state.
Web-link: MICH. COMP. LAWS § 207.821 et seq.
MICH. COMP. LAWS § 460.1133. Directs the department of management and budget to
establish a program for energy analyses of each state building. The analysis must be conducted
every 5 years.
Web-link: MICH. COMP. LAWS § 460.1133.
Executive Directive 2007-22.
On November 14, 2007 Governor Granholm signed
Executive Directive 2007-22 requiring that life-cycle cost and energy efficiency be included in
the consideration of the purchase of goods or services for the state and requiring that all statefunded new construction and major renovation projects over $1,000,000 be built in accordance
with LEED® guidelines.
Web-link: Executive Directive 2007-22
Minnesota. MINN. STAT. ANN. § 16B.32. Plans prepared for a new public
building or for a renovation of 50 percent or more of an existing building or its energy systems
must include designs which use active and passive solar energy systems, earth sheltered
construction, and other alternative energy sources where feasible.
22.
Web-link: MINN. STAT. ANN. §§ 16B.32 et seq.
MINN. STAT. ANN. § 473.759. If the Minnesota ballpark authority obtains grants sufficient
to cover the increased costs, the authority must ensure that the design of the new Minnesota
Twins stadium receives LEED® certification and shall, to the extent possible, follow sustainable
building guidelines.
Web-link: MINN. STAT. ANN. § 473.759
MINN. STAT. ANN. § 469.1655.
Establishes the criteria for a municipality or
redevelopment agency issuing revenue bonds to a qualified green building. At least 75% of the
square footage must be registered with a recognized green building rating.
Web-link: MINN. STAT. ANN. § 469.1655
MINN. STAT. ANN. §§ 216C.414, 216C.416. Allows the commissioner of commerce to
set a solar energy production incentive for “Made in Minnesota” modules. Outlines the criteria
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for determining the incentive amount. Also requires the commissioner to operate a program that
provides rebates for the installation of a “Made in Minnesota” solar thermal system.
Web-link: MINN. STAT. ANN. §§ 216C.414, 216C.416
23.
Mississippi. MISS. CODE ANN. § 31-11-35. Each qualifying state building must
be designed and constructed to achieve sustainable building standards which may be based on a
nationally recognized high performance environmental building rating system.
Web-link: MISS. CODE ANN. § 31-11-35
24.
Missouri. MO. ANN. STAT. § 8.800 et. seq.
Missouri requires life-cycle cost
analysis for all new construction of state buildings and substantial renovations of existing state
buildings when major energy systems are involved. Substantial renovations involve projects that
will affect at least 50% of the building's square footage or cost at least 50% of its market value.
Web-link: MO. ANN. STAT §§ 8.800 et. seq.
Executive Order 09-18. Governor Nixon in April 2009 issued an executive order requiring
the reduction in energy consumption by 2% each year for the next 10 years.
Web-link: Executive Order 09-18
25.
Montana. MONT. CODE ANN. § 17-7-213. New buildings and major renovations
must be built as high-performance buildings and exceed the International Energy Conservation
Code by 20%.
Web-link: MONT. CODE ANN. § 17-7-213
26.
Nevada. NEV. REV. STAT. § 278.02521.
Encourages local and regional
governmental entities to construct public facilities in accordance with the LEED® Green
Building System or its equivalent.
Web-link: NEV. REV. STAT. § 278.02521
NEV. REV. STAT. § 396.514. Instruction within the Nevada System of Higher Education
must be given in the essentials of green building construction and design to assist students in
preparing for the LEED® Professional Accreditation Exam or its equivalent.
Web-link: NEV. REV. STAT. § 396.514
NEV. REV. STAT. §§ 701.010 et. seq. Nevada’s chapter on energy policy including
definitions, the organization and powers of the Office of Energy, and the organization and
powers of the Energy Efficiency Authority.
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Web-link: NEV. REV. STAT. §§ 701.010 et. seq
NEV. REV. STAT. §§ 701A.100 et. seq. Nevada’s statutes on energy related tax
incentives. The director of the Office of Energy must adopt a green building rating system for
purposes of determining tax abatement. Depending on what green building rating received,
partial abatement of 25% to 35% is available.
Web-link: NEV. REV. STAT. §§ 701A.100 et. seq
27.
New Jersey. N.J. STAT. ANN. § 52:27D-130.6.
The Commissioner of
Community Affairs is authorized to prepare and make available to the public, a green building
manual for the purpose of ensuring that standards are available for those owners and builders
who participate in any program that encourages or requires the construction of green buildings.
Web-link: N.J. STAT. ANN. § 52:27D-130.6
N.J. STAT. ANN. § 52:32-5.3, 5.4. Any new State building over 15,000 square feet must
be a high performance green building, which is defined as a LEED® silver rating.
Web-link: N.J. STAT. ANN. § 52:32-5.3, 5.4
Executive Order 24-2002. Governor McGreevey signed Executive Order No. 24 in July
2002 requiring all new school designs to incorporate LEED® guidelines. The New Jersey
Economic Schools Construction Corporation is encouraging the use of LEED® but not requiring
certification of new projects built under its $12 billion public school construction program.
Web-link: Executive Order 24-2002
28.
New Mexico. N.M. STAT. ANN. § 7-2-18.19.
Provides a "sustainable building
tax credit" for the construction of a sustainable building or the renovation of an exiting building
into a sustainable building.
Web-link: N.M. STAT. ANN. § 7-2-18.19
N.M. STAT. ANN. § 7-2A-21.
Provides a "sustainable building tax credit" for the
construction of a sustainable building or the renovation of an exiting building into a sustainable
building.
Web-link: N.M. STAT. ANN. § 7-2A-21
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N.M. STAT. ANN. § 15-3-36. Provides that any new building or renovation that is financed
with legislative appropriations must be designed and constructed to attain the energy star
qualification of the EPA or equivalent specified rule of the department.
Web-link: N.M. STAT. ANN. § 15-3-36
Executive Order 06-001. On January 16, 2006, Governor Bill Richardson signed Executive
Order #06-001 requiring all public buildings over 15,000 sq. ft. to be LEED® Silver certified.
Web-link: Executive Order 06-001
New York. N.Y. EDUC. LAW § 6509. Provides for the revocation of an
architect's or engineer's license, upon a hearing and a finding of willful misconduct, in the
making of a certification under the green building tax credit.
29.
Web-link: N.Y. EDUC. LAW § 6509
N.Y. TAX LAW § 19. Entitled "Green building tax credit," this program provides an income
tax incentive to commercial developments incorporating specific green strategies informed by
LEED®.
Web-link: N.Y. TAX LAW § 19
N.Y. TAX LAW § 187-d. Entitled "Green building credit," this program provides an income
tax incentive to corporations incorporating specific green strategies informed by LEED®.
Web-link: N.Y. EDUC. LAW § 187-d
N.Y. PUB. BLDGS. LAW § 83. Entitled "Agency greed building construction requirements”,
the statute calls for the construction of new buildings and the renovation of existing buildings to
comply with green standards.
Web-link: N.Y. PUB BLDGS. LAW § 83
N.Y. REAL PROP. TAX LAW § 470. This statute provides for a range of tax exemptions
depending on the LEED® certification.
Web-link: N.Y. REAL PROP. TAX LAW § 470
Executive Order 111.
Governor Pataki issued Executive Order #111 in June 2001
encouraging, but not requiring, state projects to incorporate LEED® Criteria and seek LEED®
Certification where possible. New York State Energy Research and Development Authority
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(NYSERDA) awards incentives and technical assistance to help state agencies achieve the
Executive Order objective.
Web-link: Executive Order 111
30.
North Carolina. N.C. GEN. STAT. § 153A-340.
To encourage construction
utilizing sustainable design principles and to improve energy efficiency in buildings, a county
may charge reduced building permit fees or provide partial rebates of building permit fees for
buildings that are constructed or renovated using design principles that conform to or exceed
LEED® certification.
Web-link: N.C. GEN. STAT. § 153A-340
N.C. GEN. STAT. § 160A-381. To encourage construction utilizing sustainable design
principles and to improve energy efficiency in buildings, a city may charge reduced building
permit fees or provide partial rebates of building permit fees for buildings that are constructed or
renovated using design principles that conform to or exceed LEED® certification.
Web-link: N.C. GEN. STAT. § 160A-381
Enacted under the “Performance Standards for
Sustainable, Energy-Efficient Public Buildings”, the statute calls for any new public building to
be designed so that energy consumption is 30% less. Any public building renovation must be at
20% less energy consumption.
N.C. GEN. STAT. § 143-153.37.
Web-link: N.C. GEN. STAT. § 143-153.37
31. Ohio.
OHIO REV. CODE ANN. § 125.15. Provides that all state agencies required to secure
equipment, materials, supplies or services from the department of administrative services shall
reimburse the department a reasonable sum to cover the department's costs relating to energy
efficiency and conservation programs.
Web-link: OHIO REV. CODE ANN. § 125.15
OHIO REV. CODE ANN. § 3345.69. Establishes a committee within the interuniversity
council of Ohio to develop guidelines for the board of trustees of each state institution of higher
education to use in ensuring energy efficiency and conservation in on and off campus buildings.
Web-link: OHIO REV. CODE ANN. § 3345.69
OHIO REV. CODE ANN. §§ 4928.61-.63. Establishes the advanced energy, into which
shall be deposited all advanced energy revenues for the exclusive purposes of funding the
advanced energy program.
12096859.2
Web-link: OHIO REV. CODE ANN. § 4928.61
Web-link: OHIO REV. CODE ANN. § 4928.62
Web-link: OHIO REV. CODE ANN. § 4928.63
Oklahoma. OKLA. STAT. TIT. 61, § 213. The statute seeks to promote highperformance buildings by pursuing an ENERGY STAR designation.
32.
Web-link: OKLA. STAT. TIT. 61, § 213
33.
Oregon. OR. REV. STAT. § 315.331.
Creates a tax credit for new construction
projects or total renovations that achieve a LEED® Platinum certification, a four globes rating
from Green Globes, or equivalent.
Web-link: OR. REV. STAT. § 315.331
Rhode Island. R.I. GEN. LAWS § 37-24-1 et. seq.
Entitled “The Green
Buildings Act” requires all public projects to be designed and constructed to at least LEED®
certified.
34.
Web-link: R.I. GEN. LAWS § 37-24-1 et. seq.
Executive Order 05-14. On August 22, 2005, Governor Donald Carcieri signed Executive
Order #05-14 requiring all new constructions and renovations of public buildings to meet
LEED® Silver certification or higher.
Web-link: Executive Order 05-14
35.
South Carolina. S.C. CODE ANN. § 48-52-800 et seq.
Requires all stateowned and state-funded construction greater than 10,000 square feet and any major renovation
projects of greater than 50% of the total building space or value achieve LEED-NC Silver
certification or comparable standard.
Web-link: S.C. CODE ANN. §§ 48-52-800 et seq.
South Dakota. S.D. CODIFIED LAWS § 5-14-32 et. seq.
Entitled “Public
Building and Improvement” the following statutes require any state building project to meet or
exceed a LEED® Silver standard, a two glob rating, or a comparable result.
36.
Web-link: S.D. CODIFIED LAWS §§ 5-14-32 et seq.
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37.
Tennessee. TENN. CODE ANN. § 13-20-202.
The statute allows the housing
authority to pay for additional investments into green building, such as certification fees for
LEED® and Green Globes.
Web-link: TENN. CODE ANN. § 13-20-202.
Vermont. VT. STAT. ANN. TIT. 30, § 53. Any local building permit application
must be in compliance with the standards contained in the 2005 Vermont Guidelines for Energy
Efficient Commercial Construction. The revision of these standards must comply with
ANSI/ASHRAE/IESNA standard 90.1.
38.
Web-link: VT. STAT. ANN. TIT. 30, § 53.
39.
Virginia. VA. CODE ANN. § 58.1-3221.2.
Declared that energy efficient
buildings are a separate class of property for tax purposes. Among other possible qualifying
factors, an energy efficient building is one that meets or exceeds meets or exceeds the standards
of LEED® Green Building Rating System.
Web-link: VA. CODE ANN. §58.1-3221.2.
VA. CODE ANN. § 2.2-1182 et seq. Entitled the “High Performance Buildings Act”, the act
declaring that any new building over 5,000 square feet or renovation where the cost exceeds 50%
of the building’s value shall conform to VEES (Virgina’s high performance building certification
program the considers LEED® standards and Green Globes).
Web-link: VA. CODE ANN. §2.2-1182 et seq.
Washington. WASH. REV. CODE §§ 39.35D.010 et seq. State funded
projects over 5,000 square feet, including school district buildings, must be designed, constructed
and certified to at least the LEED® Silver Standard. Additionally, all K-12 schools shall be
certified to the LEED® Silver standard or built to comply with the Washington Sustainable
Schools Protocol as of July 1, 2007. In addition, the code required all affordable homes
receiving money from the state's Housing Trust Fund after July 1, 2008, to be built in
compliance with the Evergreen Standard for Affordable Housing. By 2009, all new construction
projects and major renovations receiving Washington State funds will be built to a green
standard.
40.
Web-link: WASH. REV. CODE §§ 39.35D.010 et seq.
WASH. REV. CODE § 47.01.078. Provides for the Department of Transportation to
consider engineers and architects to design environmentally sustainable transportation systems.
Web-link: WASH. REV. CODE § 47.01.078
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41.
West Virginia. W. VA. CODE § 22-29-1 et. seq. All public buildings will be
designed and constructed to comply with the ICC International Energy Conservation Code vand
the ANSI/ASHRAE/IESNA Standard 90.1.
Web-link: W. VA. CODE § 22-29-1 et. seq.
Wisconsin. Executive Order 145. On April 11, 2006, Governor Jim Doyle
signed Executive Order 145 Relating to Conserve Wisconsin and the Creation of High
Performance Green Building Standards and Energy Conservation for State Facilities and
Operations. The Executive Order directs the Department of Administration to establish and
adopt guidelines based on LEED® for New Construction and LEED® for Existing Buildings
within 6 months. Any project that requests LEED® certification as part of the initial project
request will be supported by Department of Administration.
42.
Web-link: Executive Order 145
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Alaska (back to top)
§ 44.42.067. Retrofits and new construction for energy efficiency; energy efficiency report
(a) Not later than January 1, 2020, the department shall work with other state agencies to retrofit
at least 25 percent of all public facilities, starting with those it determines are the least energy
efficient, if the department determines that retrofitting the public facilities will result in a net
savings in energy costs to the state within 15 years after completion of the retrofits for a public
facility and if funding for the retrofits is available.
(b) A retrofit or deferred maintenance of a public facility performed under this section, to the
extent feasible, shall meet or exceed the most recently published edition of the ASHRAE/IESNA
Standard 90.1, Energy Standard for Buildings Except for Low-Rise Residential Buildings, as
published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers.
(c) New construction of a public facility under this section shall meet or exceed the most recently
published edition of the ASHRAE/IESNA Standard 90.1, Energy Standard for Buildings Except
for Low-Rise Residential Buildings, as published by the American Society of Heating,
Refrigerating and Air-Conditioning Engineers.
(d) Not later than January 1 of each year, the department, in consultation with the Department of
Administration, shall submit a report to the legislature detailing the department's progress in
meeting the requirements of this section to reduce state energy consumption and costs and
carrying out the duties listed in AS 44.42.020 as they relate to energy use. The department shall
include in the report an analysis of the consumption and expense data recorded by the office of
management and budget under AS 37.07.040, comparing energy consumption levels in each year
with past years to determine if reductions are being achieved.
(e) In this section, “public facility” means a facility owned and controlled by the state for
government or public use that is 10,000 square feet or more and is not a legislative building or
court building.
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Arizona (back to top)
34-451. Energy conservation standards for public buildings
A.
The governor's energy office in consultation with persons responsible for building
systems shall adopt and publish energy conservation standards for construction of all new capital
projects as defined in § 41-790, including buildings designed and constructed by school districts,
community college districts and universities. These standards shall be consistent with the
recommended energy conservation standards of the American society of heating, refrigerating
and air conditioning engineers and the international energy conservation code.
B.
The standards shall be adopted to achieve energy conservation and shall allow for
design flexibility.
C.
The following state agencies shall reduce energy use in public buildings that they
administer by ten percent per square foot of floor area on or before July 1, 2008 and by fifteen
per cent per square foot of floor area on or before July 1, 2011, using July 1, 2001 through June
30, 2002 as the baseline year:
1.
The department of administration for its building systems.
2.
The Arizona board of regents for its building systems.
3.
The department of transportation for its building systems.
D.
The governor's energy office shall provide technical assistance to the state
agencies prescribed in subsection C of this section. On or before July 1 of each year, the energy
office shall measure compliance with subsection C of this section, compile the results of that
monitoring and report to the speaker of the house of representatives and the president of the
senate as to the progress of attaining the goals prescribed in subsection C of this section. The
energy office shall include in its report an explanation of the reasons for any failure to achieve
energy reductions in specific building systems as prescribed in subsection C of this section.
E.
All state agencies shall procure energy efficient products that are certified by the
United States department of energy or the United States environmental protection agency as
energy star or that are certified under the federal energy management program in all categories
that are available unless the products are shown not to be cost-effective on a life cycle cost basis.
34-452. Solar design standards for state buildings; energy life cycle costing
A.
Capital projects as defined in § 41-790 including buildings designed and
constructed by the department of administration, school districts and universities and containing
over six thousand square feet shall include a written evaluation of the following solar energy
features:
1.
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Proper site orientation.
2.
Utilization of active and passive solar energy systems for space heating.
3.
Utilization of solar water heating.
4.
Utilization of solar daylighting devices as defined in section 44-1761.
B.
Energy life cycle costing shall be used to evaluate all solar energy and energy
conservation design, equipment and materials that are considered for constructing new state
buildings and in the scheduled remodeling of existing state buildings.
34-453. Energy performance goals for state buildings
A.
The department of administration shall apply energy conservation measures to
and shall improve the design for the construction of capital projects so that the energy
consumption per gross square foot in use during fiscal year 1992-1993 is at least ten per cent less
than the energy consumption per gross square foot in use during fiscal year 1985-1986.
B.
The department of administration may exclude from the requirements of
subsection A any capital project or portion of a capital project in which energy intensive
activities are carried out. The department of administration shall identify and list those
exclusions.
C.
The department of administration shall report on energy conservation related
activities in the annual state capital improvement plan.
34-454. Establishment and use of life cycle cost methods and procedures; definition
A.
The director of the department of administration, in consultation with the Arizona
commerce authority, shall establish practical and effective present value methods for estimating
and comparing life cycle costs for state capital projects, using the sum of all capital and
operating expenses associated with the energy system of the building involved over the expected
life of the system or during a period of twenty-five years, whichever is shorter, and using average
fuel costs and a discount rate determined by the director. The director shall develop and prescribe
the procedures to be followed in applying and implementing the methods and procedures
established by this subsection.
B.
The design of new capital projects and the application of energy conservation
measures to existing capital projects shall be made using life cycle cost methods and procedures
established pursuant to subsection A.
C.
cycle costs.
In leasing buildings preference shall be given to buildings which minimize life
D.
For the purposes of this section, “life cycle cost” means the total cost of owning,
operating and maintaining a building over its useful life, including such costs as fuel, energy,
12096859.2
labor and replacement components determined on the basis of a systematic evaluation and
comparison of alternative building systems, except that in the case of leased buildings, the life
cycle costs shall be calculated over the effective remaining term of the lease.
34-455. Performance contracting; definitions
A.
The department of administration shall develop and implement a program to enter
into performance contracts solely for the purpose of achieving energy savings as measured in
dollars and benefits ancillary to that purpose. Each contract may be for a period of not more than
the expected life of the energy savings measures implemented or twenty-five years, whichever is
shorter. The contract shall provide that the energy and operational savings generated cover all
costs, after accounting for any financial incentives or assistance provided by utilities, associated
with implementation of energy conservation measures to include audits, design equipment,
purchase and installation, metering, interest on monies borrowed and training, and the contract
shall include contractor profit. The contractor shall recover an amount not to exceed the
summation of these costs and the agreed upon profit. Energy dollar savings realized as a result of
a performance contract under this section shall be shared at a negotiated rate between the state
and the contractor, until such time as the contractor has recovered the amount specified in the
contract, at which time all savings shall accrue to the state. Interest rates charged on each
contract shall be mutually agreed upon by the department of administration and the contractor.
Contracts shall contain contingency provisions agreed upon by the department and the contractor
for cases where measured energy dollar savings do not meet predicted energy dollar savings.
B.
For the purposes of this section:
1.
"Combined heat and power" means any system that simultaneously or
sequentially generates both electric or mechanical energy and useful
thermal energy using the same unit of fuel.
2.
"Energy dollar savings" means a reduction in the cost of energy, from a
base energy cost established through a methodology set forth in the
contract, utilized in an existing or new state owned or leased building as a
result of either:
(a)
The lease or purchase of operating equipment by the state or
contractor, improvements made, altered operation and
maintenance, technical services provided or renewable energy
sources utilized.
(b)
The increased efficient use of existing energy sources by
cogeneration or combined heat and power.
34-456. Use of energy savings; definitions
A.
Fifty per cent of the amount of after-contract cost savings realized by the
department of administration for that year from contracts entered into pursuant to section 34-455
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shall remain available without further appropriation to undertake additional energy conservation
measures. Funds generated as a result of these contracts shall be known as "energy conservation
funds". The department shall use the energy conservation funds to implement additional energy
conservation measures in state facilities. The department shall keep a separate accounting of
these after-contract cost savings and provide an annual report to the speaker of the house of
representatives, the president of the senate and the governor detailing account balances, amounts
spent on additional conservation measures, energy and dollar savings accrued as a result of
expenditures from the fund and projected utilization of the funds. These funds shall not be
subject to the provisions of section 35-190.
B.
For the purposes of this section:
1.
"After-contract cost savings" means the portion of energy dollar savings
for that year that remains after all performance contract costs are paid for
that year.
2.
"combined heat and power" has the same meaning prescribed in section
34-455.
3.
"Energy conservation measures" means measures that are applied to a
state building that improve energy efficiency and are life cycle cost
effective and involve energy conservation, cogeneration, renewable
energy sources, improvements in operations, combined heat and power
and maintenance efficiencies or retrofit activities.
41-111. Solar energy advisory council; definition
A.
members:
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There is established a solar energy advisory council consisting of the following
1.
The chairman of the Arizona power authority.
2.
A member of the faculty at Arizona state university, who shall be
appointed by the governor.
3.
A member of the faculty at the university of Arizona, who shall be
appointed by the governor.
4.
A member of the faculty at northern Arizona university, who shall be
appointed by the governor.
5.
Eleven additional persons who are appointed by the governor and who
shall either be knowledgeable of specific solar energy technologies or
representatives of private industry involved in the application of solar
energy to commercial, industrial or residential use.
6.
The president of the senate and the speaker of the house of representatives
or their representatives shall be advisory members.
B.
Appointments shall be made for terms of three years. Members appointed
pursuant to subsection A, paragraphs 2 through 5 of this section shall serve at the pleasure of the
governor.
C.
Members of the council serving by virtue of their office shall serve without
compensation. Appointed members are eligible to receive compensation as determined pursuant
to section 38-611 for each day of attendance at meetings.
D.
members.
The chairman of the council shall be selected by the governor from among the
E.
The council shall meet upon call of the chairman.
F.
The council shall:
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1.
Assist and advise the governor's energy office on matters relating to the
development and use of solar energy and other renewable energy
resources including recommendations for the utilization or disbursement
of federal and state funds for solar purposes.
2.
Encourage efforts by research institutions, local government institutions
and home builders in obtaining technical and financial support from the
federal government for their activities in solar and advanced alternate
energy systems.
3.
Identify and describe the solar energy technologies that are feasible and
practical in terms of short-term application of retrofit, new construction
and conservation projects within five years.
4.
Identify and describe long-range programs that are feasible and require
significant technological development. Programs having similar
technological gradients shall be formulated to encompass the period of
time through the year 2020.
5.
Encourage the cooperation and direct involvement of academic, business,
professional and industrial sectors that are determined to have special
expertise or knowledge of solar energy technology.
6.
Make recommendations to the governor's energy office on standards,
codes, certifications and other programs necessary for the orderly and
rapid commercialization and growth of solar energy use in this state for
consideration by the appropriate jurisdictional bodies.
G.
No member of the council shall obtain any pecuniary or proprietary interest from
any decision of the council, either direct or indirect, except a remote interest as defined in § 38502, paragraph 10.
H.
For the purposes of this section, “advisory member” means a member who gives
advice to the other members of the council at meetings of the council but who is not eligible to
vote and is not a member for purposes of determining whether a quorum is present.
41-1510.01. Solar energy tax incentives; qualification
A.
The authority shall establish a procedure for identifying commercial solar energy
projects that qualify for the purposes of the commercial solar energy income tax credits under §§
43-1085 and 43-1164.
B.
To qualify for the tax credits, a business must apply in a form prescribed by the
authority, including:
1.
The name, address and telephone number of the business purchasing the
solar energy device or system.
2.
The name, address and telephone number of a contact person with the
business.
3.
The projected date that the installation of the solar energy device or
system will begin and the projected finish date.
4.
The location where the solar energy device or system will be installed.
5.
The type of solar energy device or system, its total cost, excluding
financing costs, and the estimated annual performance level.
6.
The projected amount of the credit against state income taxes.
C.
Applications to the department under this section are confidential and are not
subject to disclosure under title 39 for eighteen months after the date of application.
D.
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The authority shall:
1.
Establish a preapproval process for the certification of applications.
2.
Review and evaluate each submitted application.
3.
Determine within thirty days after receiving the application whether the
application meets the criteria for the purposes of the commercial solar
energy income tax credits.
4.
E.
Provide its initial certification of a project to the applicant and to the
department of revenue. The initial certification shall include a unique
identifying number for each certified installation.
On the completion of each certified installation:
1.
The business must:
(a)
Certify that the installed solar energy device or system is
operational.
(b)
Provide the total amount of income tax credits to be claimed.
2.
The authority shall review the installation expenses and issue a credit
certificate to the business. The credit certificate shall include the assigned
identifying number.
3.
The authority shall transmit the credit information and certificate number
to the department of revenue.
F.
The authority shall not certify tax credits under this section in any calendar year
that exceed a total of one million dollars. The total allowed under this section shall be reserved
for the taxpayer based on preapproval under subsection D of this section. The final credit
certificate issued under subsection E of this section shall not exceed the amount reserved. A
taxpayer whose taxable year overlaps two calendar years may request approval from the second
calendar year's cap if the first year's cap is exhausted and the application under subsection B of
this section is submitted before the end of the taxpayer's taxable year. Nothing in this section
shall be construed as allowing the taxpayer to claim credits under §§ 43-1085 and 43-1164 in any
taxable year other than the taxable year the solar energy device was installed..
G.
The authority and the department of revenue shall collaborate in adopting rules
that are necessary to accomplish the intent and purpose of this section.
43-1083. Credit for solar energy devices
A.
A credit is allowed against the taxes imposed by this title for each resident who is
not a dependent of another taxpayer for installing a solar energy device, as defined in section 425001, during the taxable year in the taxpayer's residence located in this state. The credit is equal
to twenty-five per cent of the cost of the device.
B.
The maximum credit in a taxable year may not exceed one thousand dollars. The
person who provides the solar energy device shall furnish the taxpayer with an accounting of the
cost to the taxpayer. A taxpayer may claim the credit under this section only once in a tax year
and may not cumulate over different tax years tax credits under this section exceeding, in the
aggregate, one thousand dollars for the same residence.
12096859.2
C.
If the allowable tax credit exceeds the taxes otherwise due under this title on the
claimant's income, or if there are no taxes due under this title, the amount of the claim not used
to offset taxes under this title may be carried forward for not more than five consecutive taxable
years as a credit against subsequent years' income tax liability.
D.
A husband and wife who file separate returns for a taxable year in which they
could have filed a joint return may each claim only one-half of the tax credit that would have
been allowed for a joint return.
E.
The credit allowed under this section is in lieu of any allowance for state tax
purposes for exhaustion, wear and tear of the solar energy device under section 167 of the
internal revenue code.
F.
To qualify for the credit under this section the solar energy device and its
installation shall meet the requirements of title 44, chapter 11, article 11.
G.
A solar hot water heater plumbing stub out that was installed by the builder of a
house or dwelling unit before title was conveyed to the taxpayer does not qualify for a credit
under this section, but the taxpayer may claim a credit for the device under section 43-1090 or
43-1176 under the circumstances, conditions and limitations prescribed by section 43-1090,
subsection C or 43-1176, subsection C, as applicable.
43-1083.01 Credit for renewable energy industry
A. For taxable years beginning from and after December 31, 2009 through December 31,
2019, a credit is allowed against the taxes imposed by this title for qualified investment
and employment in expanding or locating qualified renewable energy operations in this
state. To qualify for the credit, the taxpayer must invest in renewable energy
manufacturing, or in new regional, national or global renewable energy business
headquarters, in this state and produce new full-time employment positions where the job
duties are performed at the location of the qualifying investment. The taxpayer must meet
the employee compensation and employee health benefit requirements prescribed by §
41-1511.
B. The amount of the credit is computed as follows:
1. Ten per cent of the taxpayer's total capital investment in projects meeting the
following minimum employment requirements:
(a) For qualifying renewable energy manufacturing operations, at least one
and one-half new full-time employment positions for each five hundred
thousand dollar increment of capital investment.
(b) For qualifying renewable energy business headquarters, at least one new
full-time employment position for each two hundred thousand dollar
increment of capital investment.
12096859.2
2. For other qualifying renewable energy investment, ten per cent of the amount
computed as follows:
(a) Five hundred thousand dollars for each one and one-half new full-time
employment positions in new renewable energy manufacturing
operations.
(b) Two hundred thousand dollars for each new full-time employment
position at a new renewable energy business headquarters.
(c) The amount of credit under this paragraph shall not exceed ten per cent
of the amount of the taxpayer's total capital investment.
3. The amount of the credit shall not exceed the postapproval amount determined by
the Arizona commerce authority under § 41-1511, subsection P.
4. The credit amount computed under paragraph 1 or 2 of this subsection is
apportioned, and the taxpayer shall claim the credit in five equal annual
installments in each of five consecutive taxable years.
C. To claim the credit the taxpayer must:
1. Conduct a business that qualifies under § 41-1511.
2. Receive preapproval and postapproval from the Arizona commerce authority
pursuant to § 41-1511.
3. Submit a copy of a current and valid certification of qualification issued to the
taxpayer by the Arizona commerce authority.
D. To be counted for the purposes of the credit, an employee must have been employed at
the qualifying facility for at least ninety days during the taxable year in a permanent fulltime employment position of at least one thousand seven hundred fifty hours per year. An
employee who is hired during the last ninety days of the taxable year shall be considered
a new employee during the next taxable year. To be counted for the purposes of the credit
during the first taxable year of employment, the employee must not have been previously
employed by the taxpayer within twelve months before the current date of hire. The terms
of employment must comply in all cases with the requirements of § 41-1511 and
certification by the Arizona commerce authority.
E. Co-owners of a business, including partners in a partnership, members of a limited
liability company and shareholders of an S corporation, as defined in § 1361 of the
internal revenue code, may each claim only the pro rata share of the credit allowed under
this section based on the ownership interest. The total of the credits allowed all owners of
12096859.2
the business may not exceed the amount that would have been allowed for a sole owner
of the business.
F. If the allowable tax credit for a taxable year exceeds the income taxes otherwise due on
the claimant's income, or if there are no state income taxes due on the claimant's income,
the amount of the claim not used as an offset against income taxes shall be paid to the
taxpayer in the same manner as a refund under § 42-1118. Refunds made pursuant to this
subsection are subject to setoff under § 42-1122. If the department determines that a
refund is incorrect or invalid, the excess refund may be treated as a tax deficiency
pursuant to § 42-1108.
G. Except as provided by subsection H of this section, if, within five taxable years after first
receiving a credit pursuant to this section, the certification of qualification of a business is
terminated or revoked under § 41-1511, other than for reasons beyond the control of the
business as determined by the Arizona commerce authority, the taxpayer is disqualified
from credits under this section in subsequent taxable years. On a determination that the
taxpayer has committed fraud or relocated outside of this state within five taxable years
of first receiving a credit pursuant to this section, the credits allowed the taxpayer in all
taxable years pursuant to this section are subject to recapture pursuant to this subsection.
This subsection applies only in the case of the termination or revocation of a certification
of qualification under § 41-1511. This subsection does not apply if, in any taxable year, a
taxpayer otherwise does not qualify for or fails to claim the credit under this section. The
recapture of credits is computed by increasing the amount of taxes imposed in the year
following the year of termination or revocation by the full amount of all credits
previously allowed under this section.
H. A taxpayer who claims a credit under § 43-1074 or 43-1079 may not claim a credit under
this section with respect to the same full-time employment positions.
I. The department of revenue shall adopt rules and prescribe forms and procedures as
necessary for the purposes of this section. The department of revenue and the Arizona
commerce authority shall collaborate in adopting rules as necessary to avoid duplication
and contradictory requirements while accomplishing the intent and purposes of this
section.
J. For the purposes of this section, renewable energy operations are limited to
manufacturers of, and headquarters for, systems and components that are used or useful
in manufacturing renewable energy equipment for the generation, storage, testing and
research and development, transmission or distribution of electricity from renewable
resources, including specialized crates necessary to package the renewable energy
equipment manufactured at the facility.
§ 43-1083.02. Renewable energy production tax credit; definitions
A. A credit is allowed against the taxes imposed by this title for the production of
electricity using renewable energy resources.
12096859.2
B. The taxpayer is eligible for the credit:
1. If the taxpayer holds title to a qualified energy generator that first produces
electricity from and after December 31, 2010 and before January 1, 2021.
2. For ten consecutive calendar years beginning with the calendar year in which the
qualified energy generator begins producing electricity that is transmitted through
a transmission facility to a grid connection with a public or private electric
transmission or distribution utility system. That same date applies with respect to
that generator until the expiration of the ten-year period regardless of whether the
generator is sold to another taxpayer or goes out of production before the
expiration of the ten-year period.
C. The credit authorized by this section is based on the electricity that is generated by a
qualified energy generator during a calendar year. For a taxpayer that files on a fiscal
year basis, the credit shall be claimed on the return for the taxable year in which the
calendar year ends.
D. Subject to subsection G of this section, the amount of the credit is:
1. One cent per kilowatt-hour of the first two hundred thousand megawatt-hours
of electricity produced by a qualified energy generator in the calendar year
using a wind or biomass derived qualified energy resource.
2. The following amounts for electricity produced by a qualified energy
generator using a solar light derived or solar heat derived qualified energy
resource:
(a) Four cents per kilowatt-hour in the first calendar year in which the
qualified energy generator produces electricity.
(b) Four cents per kilowatt-hour in the second calendar year in which the
qualified energy generator produces electricity.
(c) Three and one-half cents per kilowatt-hour in the third calendar year in
which the qualified energy generator produces electricity.
(d) Three and one-half cents per kilowatt-hour in the fourth calendar year in
which the qualified energy generator produces electricity.
(e) Three cents per kilowatt-hour in the fifth calendar year in which the
qualified energy generator produces electricity.
(f) Three cents per kilowatt-hour in the sixth calendar year in which the
qualified energy generator produces electricity.
12096859.2
(g) Two cents per kilowatt-hour in the seventh calendar year in which the
qualified energy generator produces electricity.
(h) Two cents per kilowatt-hour in the eighth calendar year in which the
qualified energy generator produces electricity.
(i) One and one-half cents per kilowatt-hour in the ninth calendar year in
which the qualified energy generator produces electricity.
(j) One cent per kilowatt-hour in the tenth calendar year in which the
qualified energy generator produces electricity.
E. To qualify for the purposes of this section, an energy generator may be located within
one mile of an existing qualified energy generator only if the owner of the energy
generator or the owner's corporate affiliates are not the owner of or the corporate
affiliate of the owner of the existing qualified energy generator.
F. To be eligible for the credit under this section, the taxpayer must apply to the
department, on a form prescribed by the department, for certification of the credit.
The department shall only accept applications beginning January 2 through January
31 of the year following the calendar year for which the credit is being requested. The
application shall include:
1. The name, address and social security number or federal employer
identification number of the applicant.
2. The location of the taxpayer's facility that produces electricity using
renewable energy resources for which the credit is claimed.
3. The amount of the credit that is claimed.
4. The date the qualified energy generator began producing commercially
marketable amounts of electricity.
5. Any additional information that the department requires.
G. The department shall review each application under subsection F of this section and
certify to the taxpayer the amount of the credit that is authorized. The amount of the
credit for any calendar year shall not exceed two million dollars per facility that
produces electricity using renewable energy resources. Credits are allowed under this
section and § 43-1164.03 on a first come, first served basis. The department shall not
authorize tax credits under this section and § 43-1164.03 that exceed in the aggregate
a total of twenty million dollars for any calendar year. The first time that a taxpayer
submits a qualified application for a qualified energy generator under subsection F of
this section, the department shall add the taxpayer's name to a credit authorization list
12096859.2
that is maintained in the order in which qualified applications are first received by the
department on behalf of the qualified energy generator. A taxpayer's position on the
credit authorization list shall be determined in the first year the taxpayer submits an
application under subsection F of this section for the qualified energy generator. The
taxpayer's position on the credit authorization list for a particular qualified energy
generator shall remain unchanged for the ten years that are specified in subsection B,
paragraph 2 of this section or until a year in which the taxpayer fails to submit a
timely application under subsection F of this section or otherwise fails to comply with
this section. If a taxpayer is removed from the credit authorization list for a qualified
energy generator, the taxpayer may establish a new position on the credit
authorization list in a subsequent year by filing a timely application for a qualified
energy generator that qualifies for the credit. If an application is received that, if
authorized, would require the department to exceed the twenty million dollar limit,
the department shall grant the applicant only the remaining credit amount that would
not exceed the twenty million dollar limit. After the department authorizes twenty
million dollars in tax credits, the department shall deny any subsequent applications
that are received for that calendar year. The department shall not authorize any
additional tax credits that exceed the twenty million dollar limit even if the amounts
that have been certified to any taxpayer were not claimed or a taxpayer otherwise fails
to meet the requirements to claim the additional credit.
H. Co-owners of a qualified energy generator, including partners in a partnership,
members of a limited liability company and shareholders of an S corporation as
defined in section 1361 of the internal revenue code,1 may each claim the pro rata
share of the credit allowed under this section based on ownership interest. The total of
the credits allowed all such owners of the qualified energy generator may not exceed
the amount that would have been allowed for a sole owner of the generator.
I. If the allowable tax credit for a taxpayer exceeds the taxes otherwise due under this
title on the claimant's income, or if there are no taxes due under this title, the amount
of the claim not used to offset taxes under this title may be carried forward for not
more than five consecutive taxable years as a credit against subsequent years' income
tax liability.
J. The department shall adopt rules and publish and prescribe forms and procedures as
necessary to effectuate the purposes of this section.
K. For the purposes of this section:
1. “Biomass” means organic material that is available on a renewable or
recurring basis, including:
(a) Forest-related materials, including mill residues, logging residues,
forest thinnings, slash, brush, low-commercial value materials or
undesirable species, salt cedar and other phreatophyte or woody
vegetation removed from river basins or watersheds and woody
12096859.2
material harvested for the purpose of forest fire fuel reduction or
forest health and watershed improvement.
(b) Agricultural-related materials, including orchard trees, vineyard,
grain or crop residues, including straws and stover, aquatic plants
and agricultural processed coproducts and waste products, including
fats, oils, greases, whey and lactose.
(c) Animal waste, including manure and slaughterhouse and other
processing waste.
(d) Solid woody waste materials, including landscape or right-of-way
tree trimmings, rangeland maintenance residues, waste pallets, crates
and manufacturing, construction and demolition wood wastes,
excluding pressure-treated, chemically-treated or painted wood
wastes and wood contaminated with plastic.
(e) Crops and trees planted for the purpose of being used to produce
energy.
(f) Landfill gas, wastewater treatment gas and biosolids, including
organic waste byproducts generated during the wastewater treatment
process.
2. “Qualified energy generator” means a facility that has at least five megawatts
generating capacity, that is located on land in this state owned or leased by the
taxpayer, that produces electricity using a qualified energy resource and that
sells that electricity to an unrelated entity, unless the electricity is sold to a
public service corporation.
3. “Qualified energy resource” means a resource that generates electricity
through the use of only the following energy sources:
(a) Solar light.
(b) Solar heat.
(c) Wind.
(d) Biomass.
43-1085. Credit for solar energy devices; commercial and industrial applications
A.
For taxable years beginning from and after December 31, 2005 through December
31, 2018, a credit is allowed against the taxes imposed by this title for a taxpayer who is either:
12096859.2
B.
1.
Installing one or more solar energy devices, as defined in § 42-5001 and
certified pursuant to § 41-1510.01, during the taxable year for commercial,
industrial or any other nonresidential application in the taxpayer's facility
located in this state.
2.
The third party organization that financed, installed or manufactured the
solar energy device that qualifies for the credit under paragraph 1 of this
subsection if the taxpayer or an entity exempt from taxation under chapter
12 of this title who otherwise would qualify for this credit transfers the
credit on a form prescribed by the department to the third party
organization.
The amount of the credit is equal to ten per cent of the installed cost of the device.
C.
The person who provides or installs the device shall furnish the taxpayer with an
accounting of the cost to the taxpayer.
D.
The taxpayer may not cumulate total tax credits under this section exceeding
twenty-five thousand dollars with respect to the same building in the same year or fifty thousand
dollars in total credits in any year..
E.
If the allowable credit exceeds the taxes otherwise due under this title on the
claimant's income, or if there are no taxes due under this title, the amount of the claim not used
to offset taxes under this title may be carried forward for not more than five consecutive taxable
years as a credit against subsequent years' income tax liability.
F.
Co-owners of a business, including partners in a partnership and shareholders of
an S corporation, as defined in section 1361 of the internal revenue code, may each claim only
the pro rata share of the credit allowed under this section based on the ownership interest or
financial investment in the system. The total of the credits allowed all such owners may not
exceed the amount that would have been allowed a sole owner.
§ 43-1085.01. Credit for solar liquid fuel; research and development; production; delivery
systems; definitions
A. Credits are allowed against the taxes imposed by this title for research and development,
production and delivery system costs associated with solar liquid fuel as provided by this
section.
B. For taxable years beginning from and after December 31, 2010 through December 31,
2021, a credit is allowed for increased research and development activity related to solar
liquid fuel as provided by section 41 of the internal revenue code,1 except that the
amount of the credit is equal to forty per cent of the amount exceeding the excess, if any,
of the qualified research expenses for the taxable year over the base amount as defined in
section 41(c) of the internal revenue code. Qualified research includes only research
12096859.2
conducted in this state, including research conducted at a university in this state and paid
for by the taxpayer.
C. For taxable years beginning from and after December 31, 2015 through December 31,
2026, a credit is allowed for the production of solar liquid fuel in this state in commercial
quantities. The amount of the credit is equal to eleven cents per one hundred thousand
British thermal units of fuel produced in this state during the taxable year.
D. For taxable years beginning from and after December 31, 2015 through December 31,
2026, a credit is allowed for costs incurred during the taxable year to convert or modify
existing motor vehicle fuel service stations for the retail sale of solar liquid fuel to
customers. The amount of the credit is equal to thirty per cent of the cost of conversion or
modification, but not more than twenty thousand dollars per taxable year per service
station.
E. Co-owners of a business, including partners in a partnership and shareholders of an S
corporation, as defined in section 1361 of the internal revenue code, may each claim only
the pro rata share of the credit allowed under this section based on the ownership interest.
The total of the credits allowed all such owners may not exceed the amount that would
have been allowed for the sole owner of the business.
F. A taxpayer that claims a credit for increased research and development activity under
subsection B of this section shall not claim a credit under § 43-1074.01 for the same
expenses.
G. For the purposes of this section:
1. “Commercial quantities” means an amount of fuel that can be produced and sold
by an incorporated entity in the wholesale or retail trade.
2. “Production” means the production of infrastructure compatible fuels derived
from sunlight, carbon dioxide and water that are converted into intermediary
chemicals and gases that are used to produce hydrocarbon fuels.
3. “Solar liquid fuel” means liquid fuel that is generated through processes that use
sunlight, carbon dioxide and water to produce infrastructure compatible liquid
hydrocarbon fuels.
43-1090. Credit for solar hot water heater plumbing stub outs and electric vehicle recharge
outlets installed in houses constructed by taxpayer
A.
A credit is allowed against the taxes imposed by this title for costs incurred during
the taxable year of installing or including in one or more houses or dwelling units located in this
state and constructed by the taxpayer one or more:
12096859.2
1.
2.
Solar hot water plumbing stub outs. To qualify for the credit, the stub out
must:
(a)
Include two insulated three-fourths inch copper pipes and at least
two pairs of wires for monitoring and control purposes that project
from the dwelling roof or other suitable location and that are
connected to the domestic hot water transport and storage system.
(b)
Be located and configured to allow sufficient solar access and
exposure and to allow ready installation of solar water heating
devices without further expense or effort to reach, use or serve the
domestic hot water system of the house or dwelling.
Electric vehicle recharge outlets. To qualify for the credit, the outlet must
be connected to the utility system by a dedicated line that:
(a)
Is capable of operating at normal secondary voltages.
(b)
Meets applicable local building safety codes.
(c)
Is commensurate and consistent with electric vehicle recharging
needs and methods.
B.
The credit shall not exceed seventy-five dollars for each installation for each
separate house or dwelling unit.
C.
The taxpayer may elect to transfer a credit under this section to a purchaser or
transferee of the house or dwelling unit. If the taxpayer elects to transfer the credit, the taxpayer
shall deliver to the purchaser or transferee a written statement that the taxpayer has elected not to
claim the credit and that the purchaser or transferee may claim the credit, subject to the
conditions and limitations prescribed by this section.
D.
If the allowable credit exceeds the taxes otherwise due under this title on the
claimant's income, or if there are no taxes due under this title, the amount of the credit not used
to offset taxes under this title may be carried forward to the next five consecutive taxable years
as a credit against subsequent years' income tax liability.
E.
Co-owners of a business, including partners in a partnership and shareholders of
an S corporation, as defined in section 1361 of the internal revenue code, may each claim only
the pro rata share of the credit allowed under this section based on the ownership interest. The
total of the credits allowed all such owners may not exceed the amount that would have been
allowed a sole owner.
F.
The credit allowed under this section is in lieu of any expenses taken for installing
solar stub outs or electric vehicle recharge outlets to reach Arizona taxable income.
12096859.2
43-1164. Credit for solar energy devices; commercial and industrial applications
A.
For taxable years beginning from and after December 31, 2005 through December
31, 2018, a credit is allowed against the taxes imposed by this title for a taxpayer that is either:
B.
1.
Installing one or more solar energy devices, as defined in § 42-5001 and
certified pursuant to § 41-1510.01, during the taxable year for commercial,
industrial or any other nonresidential application in the taxpayer's facility
located in this state.
2.
The third party organization that financed, installed or manufactured the
solar energy device that qualifies for the credit under paragraph 1 of this
subsection if the taxpayer or an entity exempt from taxation under chapter
12 of this title who otherwise would qualify for this credit transfers the
credit on a form prescribed by the department to the third party
organization.
The amount of the credit is equal to ten per cent of the installed cost of the device.
C.
The person who provides or installs the device shall furnish the taxpayer with an
accounting of the cost to the taxpayer.
D.
The taxpayer may not cumulate total tax credits under this section exceeding
twenty-five thousand dollars with respect to the same building in the same year or fifty thousand
dollars in total credits in any year.
E.
If the allowable credit exceeds the taxes otherwise due under this title on the
claimant's income, or if there are no taxes due under this title, the amount of the claim not used
to offset taxes under this title may be carried forward for not more than five consecutive taxable
years as a credit against subsequent years' income tax liability.
F.
Co-owners of a business, including corporate partners in a partnership, may each
claim only the pro rata share of the credit allowed under this section based on the ownership
interest or financial investment in the system. The total of the credits allowed all such owners
may not exceed the amount that would have been allowed a sole owner.
43-1176. Credit for solar hot water heater plumbing stub outs and electric vehicle recharge
outlets installed in houses constructed by taxpayer
A.
A credit is allowed against the taxes imposed by this title for costs incurred during
the taxable year of installing or including in one or more houses or dwelling units located in this
state and constructed by the taxpayer one or more:
1.
12096859.2
Solar hot water plumbing stub outs. To qualify for the credit the stub out
must:
2.
(a)
Include two insulated three-fourths inch copper pipes and at least
two pairs of wires for monitoring and control purposes that project
from the dwelling roof or other suitable location and that are
connected to the domestic hot water transport and storage system.
(b)
Be located and configured to allow sufficient solar access and
exposure and to allow ready installation of solar water heating
devices without further expense or effort to reach, use or serve the
domestic hot water system of the house or dwelling.
Electric vehicle recharge outlets. To qualify for the credit, the outlet must
be connected to the utility system by a dedicated line that:
(a)
Is capable of operating at normal secondary voltages.
(b)
Meets applicable local building safety codes.
(c)
Is commensurate and consistent with electric vehicle recharging
needs and methods.
B.
The credit shall not exceed seventy-five dollars for each installation for each
separate house or dwelling unit.
C.
The taxpayer may elect to transfer a credit under this section to a purchaser or
transferee of the house or dwelling unit. If the taxpayer elects to transfer the credit, the taxpayer
shall deliver to the purchaser or transferee a written statement that the taxpayer has elected not to
claim the credit and that the purchaser or transferee may claim the credit, subject to the
conditions and limitations prescribed by this section.
D.
If the allowable credit exceeds the taxes otherwise due under this title on the
claimant's income or if there are no taxes due under this title, the amount of the credit not used to
offset taxes under this title may be carried forward to the next five consecutive taxable years as a
credit against subsequent years' income tax liability.
E.
Co-owners of a business, including corporate partners in a partnership, may each
claim only the pro rata share of the credit allowed under this section based on the ownership
interest. The total of the credits allowed all such owners may not exceed the amount that would
have been allowed a sole owner.
F.
The credit allowed under this section is in lieu of any expenses taken for installing
solar stub outs or electric vehicle recharge outlets to reach Arizona taxable income.
12096859.2
Arkansas (back to top)
22-3-1801. Title.
This subchapter shall be known and may be referred to as the “Arkansas Energy and
Natural Resource Conservation Act”.
22-3-1802. Findings and purpose.
It is found and determined by the General Assembly that:
State-funded building projects have a significant impact on the environment of our
Natural State, the economy, and the health and productivity of building inhabitants;
State government currently spends approximately seventy million dollars ($70,000,000)
annually for electricity and natural gas consumed in state buildings, and energy expenditures
have been increasing at nearly four percent (4%) per year over the last ten (10) years;
It is incumbent upon Arkansas state government to lead by example to minimize energy
use and environmental impact in state buildings;
Innovations in building science, technology, and operations are available to maximize the
economic utility of state-funded building projects and reduce energy costs, while achieving the
best environmental performance and reducing adverse impacts on the environment; and
Incorporating principles of sustainability in building design will enhance efficient
management of material resources and waste, protect health and indoor environmental quality,
reduce the longer-term costs of construction and operation of state-funded buildings, and
promote the use of appropriate Arkansas products in the buildings.
In recognition of the economic, energy conservation, and environmental benefits of
sustainable building design, it is in the best interest of the State of Arkansas to initiate a process
to encourage improved building practices, to provide support and information to assist state
agencies in carrying out the purposes of this subchapter, and to continue development of the best
building practices through a legislative task force to evaluate and report to the General Assembly
the progress being made under this subchapter.
22-3-1803. Definitions.
As used in this subchapter:
“Adaptive reuse” means the modification to accommodate a function other than its
original intent of any building site and existing inhabited structure;
(A)
“Building project” means any inhabited physical structure and project building
site. The phrase includes any structure in which any individual spends more than an hour of time
within the structure such as residences, offices, visitors centers, classrooms, administration
buildings, etc.
12096859.2
“Building project” does not include ancillary structures or buildings with temporary
occupancy such as park restrooms, pavilions, storage facilities, or similar structures;
“Grant applicant” means any individual, institution, governmental jurisdiction, or other
organization recognized by the granting department or agency as qualified to apply for financial
assistance from any state department, agency, or office for the purpose of planning, designing, or
constructing a new or rehabilitated building;
(A)
“Green Globes” means the online environmental assessment tool
developed by the Green Building Initiative as of December 2004.
“Green Globes” allows designers, property owners, and managers to evaluate and rate
buildings against best sustainable building design and practices and integrate principles of
sustainable architecture at every stage of project delivery in order to design and construct
buildings that will be energy-efficient and resource-efficient, achieve operational savings, and
provide healthier environments in which to live and work;
(A)
“Leadership in Energy and Environmental Design” means the
following building rating systems developed by the United States
Green Building Council:
LEED -NC 2.1, as it exists on January 1, 2005;
LEED -EB, as it exists on January 1, 2005; or
LEED -CI, as it exists on January 1, 2005.
“Leadership in Energy and Environmental Design” allows designers, property owners,
and managers to evaluate and rate buildings against best sustainable building design and
practices and to integrate principles of sustainable architecture at every stage of project delivery
in order to design and construct buildings that will be energy-efficient and resource-efficient,
achieve operational savings, and provide healthier environments in which to live and work;
“Newly designed construction project” means any building and its building site for which
a contract has been entered into beginning July 1, 2005, to construct a building and building site
improvements as outlined in Leadership in Energy and Environmental Design or Green Globes
rating systems;
“Project building site” means all property associated with a building, including the
defined legal description of the property or the defined project limits;
(A)
“Project limits” means the physical boundaries of a construction
project within which all construction activity must occur.
“Project limits” includes material and equipment storage space, lay-down or
prefabrication space, clearing, grubbing, and drainage improvements;
12096859.2
“Project team” means the persons or individuals representing the state agency or owner,
professional design consultants, and building contractor, if a contractor is determined prior to
design;
“Proposed construction project” means all building construction projects in the
conceptual planning stages for which a design contract has been executed after July 1, 2005;
“Public and private partnerships” means any private development that uses state money
to assist in the planning, design, or construction of a building project, such as a building project
providing economic incentives for development;
“Public funding” means federal or state funds that are allocated for a state building
project;
“Rehabilitation project” means any building project involving the modification or
adaptive reuse of an existing facility in which twenty-five percent (25%) or more of the physical
structure, facade, or interior space of a facility is being changed or modified;
“State agency” means all departments, offices, boards, commissions, and institutions of
the state, including the state-supported institutions of higher education;
“State building project” means any inhabited physical structure and project building site
in which:
A state agency secures the design or construction contract; and
Public funding is used in whole or in part to design or construct the project; and
“Sustainable” means that:
A building integrates building materials and methods that promote environmental quality,
energy conservation, economic vitality, and social benefit through the design, construction, and
operation of the built environment;
A building merges sound, environmentally responsible practices into one (1) discipline
that looks at the environmental, economic, and social effects of a building or built project as a
whole; and
The design encompasses the following broad topics:
Efficient management of energy and water resources;
Management of material resources and waste;
Protection of environmental quality;
Protection of health and indoor environmental quality;
Reinforcement of natural systems; and
12096859.2
Integrating the design approach.
22-3-1804. Standards for Arkansas.
If a state agency decides to pursue either the Leadership in Energy and Environmental
Design certification or the Green Globes certification, the standards of this section shall apply for
the purpose of state building projects.
(1)
Use of the Leadership in Energy and Environmental Design rating system
shall be with the following supplemental provisions specific to state
building projects:
Under LEED EQ Credit 4.4, one (1) point shall be awarded for the use of composite
wood and agrifiber products if the architect or responsible party provides appropriate
documentation that the products are third-party certified as meeting the American National
Standards Institute standard requirements, ANSI A208.1 for Particleboard Standard, ANSI A
208.2 for MDF, for formaldehyde emissions, or contain no added urea-formaldehyde;
Under LEED MR Credit 4, one (1) point shall be awarded when the sum of
postconsumer recycled content plus one-half (½) of the preconsumer recycled content constitutes
at least ten percent (10%) of the total value of the materials in the project. A second point shall be
awarded if the sum of postconsumer recycled content plus one-half (½) of the preconsumer
content constitutes at least twenty percent (20%) of the total value of the materials in the project.
The valuation is to be determined by using the LEED -NC letter template;
Under LEED MR Credit 6, one (1) point shall also be awarded for the use of renewable,
bio-based materials for five percent (5%) of the total value of all the products used in the project
that are either residuals of or products grown or harvested under a recognized sustainable
management system such as the Forest Stewardship Council, the Sustainable Forestry Initiative
Program, the American Tree Farm System, the Canadian Standards Association, the Organic
Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or
manufacturer's certification documentation must be provided;
Under LEED MR Credit 7, one (1) point shall also be awarded for the use of renewable,
bio-based raw materials certified in accordance with one (1) or more premier certification
programs for environmental management for fifty percent (50%) of the total value of all biobased materials and products used in the project. Certification programs include, but are not
limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree
Farm System, the Canadian Standards Association, the Organic Trade Association, and the
Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification
documentation must be provided;
Under LEED ID Credit 1.1, one (1) point will be awarded if five percent (5%) or more of
the mass of all building materials used are carbon-sequestering bio-based products managed
under a recognized sustainable management plan; and
12096859.2
Under LEED ID Credit 1.2, one (1) point will be awarded for the use of bio-based
materials derived from multiple credible certified sources supported by an environmental
management system certified under the International Organization for Standardization standard
ISO 14001, including the Forest Stewardship Council, the Sustainable Forestry Initiative, the
American Tree Farm System, the Canadian Standards Association, the Organic Trade
Association, and the Association for Bamboo in Construction. The applicable vendor's or
manufacturer's certification documentation must be provided.
Use of the Green Globes rating system shall be with the following supplemental
provision specific to state building projects:
An additional fifteen (15) points shall be awarded if five percent (5%) or more of the
mass of all building materials used are carbon-sequestering wood bio-based products; and
Fifteen (15) points will be awarded for the use of bio-based materials derived from
multiple credible certified sources supported by an environmental management system certified
under the International Organization for Standardization standard ISO 14001, including the
Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System,
the Canadian Standards Association, the Organic Trade Association, and the Association for
Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation
must be provided.
22-3-1805. Application to state building projects.
State agencies conducting or funding a public building project or rehabilitation project are
encouraged to refer to and should utilize, whenever possible and appropriate, the Leadership in
Energy and Environmental Design or Green Globes rating systems referred to in this subchapter.
22-3-1806. Legislative Task Force on Sustainable Building Design and Practices.
The Legislative Task Force on Sustainable Building Design and Practices is established to:
Continue to review, discuss, and advise on issues related to sustainable design and
practices for buildings;
Monitor case-study projects and evaluate performance and outcomes relevant to highperformance building strategies;
Serve as a reference for educational resources;
Ask for a review of sustainable building design and practices performed by state
agencies;
Develop goals and strategies to promote energy efficiency in state buildings; and
Identify and promote new and innovative air conditioning and heating products or
services that conserve energy and reduce energy usage.
12096859.2
(1)
The task force shall be composed of no more than twenty (20) members.
The number of members shall be determined by agreement between the
Chair of the Senate Interim Committee on Public Health, Welfare, and
Labor and the Chair of the House Interim Committee on Public Health,
Welfare, and Labor.
The Chair of the Senate Interim Committee on Public Health, Welfare, and Labor and the
Chair of the House Interim Committee on Public Health, Welfare, and Labor shall appoint the
membership pursuant to procedure agreed upon by the chairs.
The task force shall include members of the General Assembly and members of the
public.
The cochairs of the task force shall be members of the General Assembly. One (1) cochair
shall be a member of the Senate and one (1) cochair shall be a member of the House of
Representatives.
The legislative members of the task force shall be entitled to mileage and per diem at the
same rate as for attending other legislative committees.
The task force shall receive staff support from the Bureau of Legislative Research.
The task force shall expire on July 1, 2009, unless continued by an act of the General
Assembly.
§ 22-3-2001. Legislative findings
The General Assembly finds that:
(1)
(A) Public buildings can be built and renovated using sustainable, energy-efficient
methods that save money, reduce negative environmental impacts, improve
employee and student performance, and make employees and students more
productive.
(B) The main objectives of sustainable, energy-efficient designs are to:
(i)
Avoid resource depletion of energy, water, and raw materials;
(ii)
Prevent environmental degradation caused by facilities and
infrastructure throughout their life cycle; and
(iii)
Create buildings that are livable, comfortable, safe, and productive;
and
(2) State-owned buildings and buildings owned by an institution of higher education can
be improved by establishing specific performance criteria and goals for sustainable,
12096859.2
energy-efficient public buildings that are based on recognized, consensual standards with
a scientifically proven basis and a history of successful performance.
§ 22-3-2002. Definitions
As used in this subchapter:
(1) “Institution of higher education” means a state-supported university or college;
(2) “Life-cycle cost analysis” means an analytical technique that considers the costs of owning,
using, and operating a facility over its economic life including without limitation:
(A) Initial costs;
(B) System repair and replacement costs;
(C) Maintenance costs;
(D) Operating costs, including energy costs; and
(E) Salvage value;
(3)(A) “Major facility” means a construction project larger than twenty thousand (20,000) gross
square feet of occupied or conditioned space.
(B) “Major facility” does not include a transmitter building or a pumping station;
(4) “Major renovation” means a building renovation project that:
(A) Costs more than fifty percent (50%) of its current replacement value;
(B) Is larger than twenty thousand (20,000) gross square feet of occupied or conditioned
space; and
(C) Is funded in whole or in part by the state;
(5) “Public agency” means a state agency, office, officer, board, department, or commission; and
(6) “Sustainable, energy-efficient public building” means a public building that, by complying
with this subchapter, has the most economical energy and water efficiency for that type of
building.
§ 22-3-2003. The Sustainable Energy-Efficient Buildings Program
(a) The Sustainable Energy-Efficient Buildings Program is established to promote energy
conservation in buildings owned by public agencies and buildings owned by institutions of
higher education.
(b) Under the Sustainable Energy-Efficient Buildings Program:
12096859.2
(1) For public agencies, the Arkansas Energy Office shall develop and:
(A) Issue policies and technical guidelines to establish procedures and methods
for compliance with the criteria and the performance standards for a major
facility or a major renovation under § 22-3-2004; and
(B) Administer an energy management program designed to achieve
compliance with the requirements of § 22-3-2006 through the implementation
of energy conservation measures; and
(2) For the institutions of higher education, each institution of higher education:
(A) Shall develop and issue policies and technical guidelines to establish
procedures and methods for compliance with the criteria and the performance
standards for a major facility or a major renovation under § 22-3-2004; and
(B) May administer an energy management program designed to achieve
compliance with the requirements of § 22-3-2006 through the implementation
of energy conservation measures.
§ 22-3-2004. Standards for a major facility or a major renovation
(a) The following minimum standards apply to a major facility:
(1) A major facility of a public agency or an institution of higher education shall be
designed, constructed, and certified to at least ten percent (10%) reduction below the
baseline energy consumption determined in accordance with the Performance Rating
Method of Appendix G of the American Society of Heating, Refrigerating, and AirConditioning Engineers, Standard 90.1-2007, as it existed on January 1, 2009;
(2) Subdivision (a)(1) of this section applies to a major facility project that has not
entered the schematic design phase before July 31, 2009; and
(3) An exception or a special standard for a specific type of building or building facility
that is found in the American Society of Heating, Refrigerating, and Air-Conditioning
Engineers, Standard 90.1-2007, is included in the American Society of Heating,
Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2007, under subdivision
(a)(1) of this section.
(b)(1) A major renovation of a public agency or an institution of higher education shall be
certified to at least ten percent (10%) reduction below the baseline energy consumption
determined in accordance with the Performance Rating Method of Appendix G of the American
Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2007, as it
existed on January 1, 2009.
(2) Subdivision (b)(1) of this section applies to a major renovation that has not entered the
schematic design phase before July 31, 2009.
12096859.2
(c) For new construction under either subsection (a) or (b) of this section:
(1) The indoor water system shall be designed and constructed to use at least twenty percent
(20%) less potable water than the indoor water use baseline calculated for the building after
satisfying the fixture performance requirement, if any, under the Arkansas Plumbing Code;
and
(2) Outdoor potable water or harvested groundwater consumption shall use water-useefficient landscape materials and irrigation strategies, including without limitation water
reuse and recycling, to reduce conventional consumption by at least fifty percent (50%) of
the water that would have been consumed otherwise.
(d) If the Arkansas Energy Office or the institution of higher education determines the American
Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2007 is not
practicable for a major facility or major renovation, the Arkansas Energy Office or the institution
of higher education shall determine a practicable alternative standard for the design and
construction for that major facility or major renovation.
(e) To verify the performance of a building component or system and ensure that design
requirements are met upon completion of construction, building or system commissioning
practices that are tailored to the size and complexity of the building and its system components
shall be employed.
(f) To measure and verify a major facility's performance under this section's standards:
(1) A building level owner's meter for electricity, natural gas, fuel oil, and water shall be
installed in accordance with the guidelines issued by the United States Department of Energy
under § 103 of the Energy Policy Act of 2005, Pub. L. No. 109-58; and
(2)(A) The public agency or institution of higher education and the building designers shall:
(i) Compare metered data from the first twelve (12) months of the building's
operation with the energy design target; and
(ii) Report the performance results of that comparison to the Arkansas Energy
Office or to the governing board of the institution of higher education.
(B) If the report under subdivision (f)(2)(A)(ii) of this section shows that the building's
average energy or water consumption over the one-year period after the date of beneficial
occupancy is more than the baseline consumption determined in accordance with the
Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating,
and Air-Conditioning Engineers, Standard 90.1-2007, as it existed on January 1, 2009, the
designer, the owner public agency or the owner institution of higher education, the contractor, the
contract manager at risk, and the commissioning agent shall:
(i) Investigate;
12096859.2
(ii) Determine the cause for the failure to achieve this section's performance standards;
and
(iii) Recommend corrections or modifications to meet this section's performance
standards.
§ 22-3-2005. Purchase of a constructed or renovated building
(a) A public agency shall not purchase a building that:
(1) Did not meet the design and construction standards that were applicable for a
comparable building at the time of its construction; or
(2) Had a major renovation that did not meet the standard for energy and water efficiency
that was applicable for a comparable building at the time of the major renovation.
(b) This section does not apply to:
(1) The purchase of a building that has historic, architectural, or cultural significance;
(2) A building that is acquired by devise or gift; or
(3) A building that is purchased for demolition.
§ 22-3-2006. Program to manage energy usage of public agencies
(a) The Arkansas Energy Office shall:
(1) Develop an energy program to manage energy, water, and other utility uses for public
agencies that will reduce total energy consumption per gross square foot for all existing state
buildings by twenty percent (20%) by 2014 and thirty percent (30%) by 2017 based on energy
consumption for the 2007-2008 fiscal year if the savings can be justified by a life-cycle cost
analysis; and
(2) Update this program annually.
(b) To implement its plan, the Arkansas Energy Office shall to the extent funds are available:
(1) Develop and implement policies, procedures, and standards to ensure that a public
agency's purchasing practices:
(A) Improve the efficiency of energy, water, and other utility uses; and
(B) Consider the cost of the product over its economic life;
(2)(A) Adopt and implement building energy design guidelines for public agencies that
include without limitation:
(i) Energy-use goals and standards;
12096859.2
(ii) Economic assumptions for life-cycle cost analysis; and
(iii) Other criteria for building systems and technologies.
(B) The Arkansas Energy Office shall modify the design criteria for the construction or
the renovation of the facilities of a public facility to require the conducting of a life-cycle cost
analysis;
(3) Identify and recommend energy conservation maintenance and operating procedures that:
(A) Are designed to reduce energy consumption within the public facility; and
(B) Require no significant expenditure of funds;
(4) Require the maximum interchangeability and compatibility of equipment components
when energy management equipment is proposed for any facility of a public agency; and
(5)(A) Develop an energy audit and a procedure for conducting an energy audit.
(B)(i) Within five (5) years after June 30, 2011, each public agency occupying a stateowned building shall complete an energy audit using American Society of Heating,
Refrigerating and Air-Conditioning Engineers audit procedures and report the findings to
the Arkansas Energy Office.
(ii) The level of the energy audit in subdivision (b)(5)(B)(i) of this section shall be
consistent with the condition of each public facility.
(C) When conducting an energy audit under this subdivision (b)(5), the Arkansas Energy
Office shall identify and recommend any public facility that is suitable for:
(i) Building commissioning to reduce energy consumption within the facility; or
(ii) Installing an energy savings measure under a guaranteed energy savings
contract.
(c) The Arkansas Energy Office may adopt architectural and engineering standards to
implement this section.
(d) A public agency shall:
(1) Develop and implement, to the extent funds are available, an energy management plan
to manage its energy, water, and other utility uses that is consistent with the Arkansas
Energy Office's energy management program developed under this section;
(2) Update its management plan annually, including without limitation strategies for
supporting the energy consumption reduction requirements under subsection (a) of this
section;
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(3) Submit annually by October 31 to the Arkansas Energy Office a written report of the
public agency's utility consumption and costs by fuel;
(4) Carry out the construction and renovation of a facility in a manner that:
(A) Furthers the goals under this section; and
(B) Ensures the use of life-cycle cost analyses and practices to conserve energy,
water, and other utilities; and
(5) Implement the Arkansas Energy Office's recommendations made under subdivision
(b)(1) of this section, to the extent funds are available.
§ 22-3-2007. Application to historic and unique buildings
This subchapter does not apply if the implementation of a measure to conserve energy, water, or
other utility use conflicts with the requirements for:
(1) A property to be eligible for, nominated to, or entered on the National Register of Historic
Places under the National Historic Preservation Act of 1966, Pub. L. No. 89-665;
(2) An historic building located within an historic district;
(3) An historic building listed, owned, or under the jurisdiction of an historic properties
commission; or
(4) A building that the Arkansas Energy Office has exempted from this subchapter because of its
unique architectural characteristics or usage.
§ 22-3-2008. Advisory committee for the Arkansas Energy Office of the Arkansas Economic
Development Commission
(a)(1) The Director of the Arkansas Energy Office shall create a sustainable, energy-efficient
building advisory committee composed of:
(A) Representatives from the design and construction industry who are involved in public
works contracting;
(B) Persons from public agencies who are responsible for overseeing public works
projects or for developing energy efficiency programs and policies; and
(C) Other persons that the director considers to have useful information.
(2) Advisory committee members shall serve at the pleasure of the director.
(b) The committee shall provide advice on the implementation of this subchapter, including
without limitation recommendations regarding:
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(1) An education and training process for persons who are involved in the implementation of
this subchapter;
(2) An ongoing evaluation or feedback process to help the Arkansas Energy Office to
implement this section; and
(3) Water-deficiency requirements and energy-efficiency requirements.
§ 22-3-2009. Rules
(a) The Arkansas Energy Office shall:
(1) Adopt rules for the implementation of operation and maintenance energy conservation
measures in a public building; and
(2) Develop or revise the Arkansas Energy Office's architectural and engineering standards
to provide assistance in determining:
(A) Which energy conservation measures are best suited to the unique characteristics of
each building; and
(B) The specifications for the energy conservation measures under this subchapter; and
(3) Adopt rules for the development of education and training requirements for the various
personnel that may be involved in a major facility or a major renovation under this subchapter.
(b) The Arkansas Energy Office may adopt:
(1) Rules to implement this subchapter; and
(2) Architectural or engineering standards as needed to implement this section.
§ 22-3-2010. Performance review—Report
(a) The Arkansas Energy Office, to the extent funds are available, shall conduct a performance
review of the Sustainable Energy-Efficient Buildings Program that includes at least the
following:
(1) An identification of the costs of implementing energy-efficient and water-efficient
building standards in the design and construction of a major facility or major renovation;
(2) An identification of the operating savings attributable to the implementation of energyefficient and water-efficient building standards, including without limitation savings in energy,
water, utility, and maintenance costs;
(3) An identification of any impact on employee productivity from the application of the
standards under this subchapter; and
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(4) An evaluation of the effectiveness of the application of the standards under this
subchapter.
(b) No later than December 1, 2010, and each year thereafter, the Arkansas Energy Office and
each institution of higher education shall report to the cochairs of the Legislative Council its:
(1) Findings under subsection (a) of this section; and
(2) Recommended changes, if any.
§ 22-3-2011. Applicability
(a) The boards of trustees for the University of Arkansas, Arkansas State University, the
University of Central Arkansas, Henderson State University, Arkansas Tech University, and
Southern Arkansas University are exempt from the provisions of this subchapter if those
institutions develop policies and procedures to meet the specific performance criteria and goals
for a major facility or major renovation.
(b)(1) The board of trustees of any institution of higher education that is not included under
subsection (a) of this section may be exempted from the provisions of this subchapter by the
Department of Higher Education.
(2) Before granting an exemption to a board of trustees of an institution of higher education
under subdivision (b)(1) of this section, the department shall review and approve the policies and
procedures to meet the specific performance criteria and goals for a major facility or major
renovation.
(c) This subchapter does not:
(1) Preclude an institution of higher education from adopting the policies and technical
guidelines for a major facility or a major renovation that are established by the Arkansas Energy
Office under § 22-3-2003(b)(1); or
(2) Affect the processes or exemptions under § 22-6-601.
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California
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§ 15814.30. New buildings; cost-effective energy efficiency measures, materials and devices
(a) All new public buildings for which construction begins after January 1, 1993, shall be
models of energy efficiency and shall be designed, constructed, and equipped with all energy
efficiency measures, materials, and devices that are feasible and cost-effective over the life of the
building or the life of the energy efficiency measure, whichever is less.
(b) In determining which energy efficiency measures, materials, and devices are feasible and
cost-effective over the life of the building, the State Architect and the Department of General
Services shall consult with the State Energy Resources Conservation and Development
Commission.
(c) For purposes of this section, “cost-effective” means that savings generated over the life of the
building or the life of the energy efficiency measure, whichever is less, shall exceed the cost of
purchasing and installing the energy efficiency measures, materials, or devices by not less than
10 percent.
§ 15814.31. Retrofitting to meet minimum standards
All existing public buildings, when renovated or remodeled, shall be retrofitted to meet the
minimum standards, consistent with subdivision (d) of Section 2-5301 of Title 24 of the
California Code of Regulations (California Building Code), established pursuant to Division 15
(commencing with Section 25000) of the Public Resources Code applicable to the building.
§ 15814.32. Meters and technologies to measure energy use
(a) Any new public building for which construction begins after January 1, 1992, shall include
meters or other technologies to measure the energy used at the building.
(b) The Department of General Services shall develop and submit to the Legislature on or before
December 1, 1992, a plan under which energy use at existing individual public buildings can be
identified accurately.
§ 15814.33. Leases; review; report
On or before July 1, 1992, the Department of General Services, in conjunction with the State
Energy Resources Conservation and Development Commission, shall do the following:
(a) Review the standard leases used by the state and shall adopt revisions to the standard leases
which are designed to maximize energy savings in buildings leased by the state.
(b) Submit to the appropriate policy committees of the Legislature a report that identifies ways
to improve energy efficiency in buildings leased by the state. The report shall assess the
12096859.2
prevalence of revisions to state building leases during lease negotiations, which result in reduced
energy savings or increased energy use and shall recommend ways to minimize these revisions.
§ 15814.34. Findings and declarations; duties of department; identification and purchase of
commodities with lowest life-cycle costs
(a) The Legislature finds and declares all of the following:
(1) The state purchases a number of commodities, including, but not limited to, lighting
fixtures, heating, ventilation and air-conditioning units, and copiers, that cumulatively
account for a significant portion of the energy consumed by state operations.
(2) The state can realize significant energy savings and reduced energy costs by purchasing
brands or models of commonly used commodities with low life cycle costs.
(3) Commodities necessary for state operations may be purchased directly by the state
department or agency using the commodity, or may be purchased by the Department of
General Services on behalf of other state departments or agencies.
(4) In order to increase energy efficiency and reduce costs to the taxpayers of the state, the
state should make every reasonable effort to identify and purchase those commodities that
have the lowest life cycle cost and meet the operational requirements of the state.
(b) The Department of General Services shall, on an ongoing basis, do all of the following:
(1) Identify commodities purchased by the department that, individually or on a statewide
basis, consume a significant amount of energy.
(2) For each commodity identified pursuant to paragraph (1), determine the life cycle cost of
the following:
(A) The brand or model of the commodity purchased by the department.
(B) The brand or model of the commodity that has the lowest life cycle cost, provided it
is available for purchase by the state and meets all operational specifications of the state.
(3) Consult with the Energy Resources Conservation and Development Commission in the
development and revision of one or more methods of determining the life cycle costs of
commodities.
(c) In order to assist other agencies and departments in identifying commodities with the lowest
life cycle costs, the Department of General Services shall distribute the following to all state
agencies and departments:
(1) A list of those commodities with the lowest life cycle costs, as determined pursuant to
paragraph (2) of subdivision (b).
12096859.2
(2) The method or methods used by the Department of General Services to determine the
life cycle costs of commodities.
(d) The method or methods used by the Department of General Services to calculate the life
cycle costs of commodities shall be designed to be easily understood and used by purchasing
agents and other personnel in making purchasing decisions.
(e) Notwithstanding any other provision of law, all state agencies and departments shall purchase
those commodities identified pursuant to subdivision (b) that have the lowest life cycle costs and
that meet the applicable specifications, and shall make every reasonable effort to identify and
purchase other commodities with the lowest life cycle costs.
(f) “Life cycle cost” for the purposes of this section, means the total cost of purchasing,
installing, maintaining, and operating a device or system during its reasonably expected life. It
includes, but is not necessarily limited to, capital costs, labor costs, energy costs, and operating
and maintenance costs.
§ 15814.35. Application of chapter; minimum costs
The energy efficiency provisions of this chapter apply only to those public buildings in which
energy costs exceed ten thousand dollars ($10,000) per year.
§ 15814.40. Use of life cycle cost analysis model in evaluating cost-effectiveness of state
building design and construction decisions and impact over a facility's life cycle; financing
and project delivery mechanisms
(a) The Department of General Services shall define a life cycle cost analysis model that shall be
used to evaluate the cost-effectiveness of state building design and construction decisions and
their impact over a facility's life cycle, no later than July 1, 2007.
(b)(1) The State Energy Resources Conservation and Development Commission, in consultation
with the Department of General Services and the Treasurer's office, shall identify and develop
appropriate financing and project delivery mechanisms to facilitate state building energy and
resource efficient projects. These mechanisms shall include the use of the life cycle cost analysis
model as described in subdivision (a), and shall maximize the use of outside financing,
including, but not limited to, loan programs, revenue bonds, municipal tax-exempt leases, and
other financial instruments supported by project savings, and minimize the use of General Fund
moneys for these purposes. In addition, the commission, in consultation with these entities and
with representatives from the commercial building construction industry, shall do both of the
following:
(A) Identify obstacles to private sector commercial building energy and resource efficient
projects.
12096859.2
(B) Identify and recommend financial or other incentives to facilitate private sector
commercial building energy and resource efficient projects.
(2) The commission shall report its findings and recommendations made pursuant to
paragraph (1) to the Green Action Team by January 1, 2008.
(c) For purposes of this section, the “Green Action Team” means the interagency team
established to further the goals of Executive Order S-20-04.
EDUCATION CODE SECTION 81620-81624
81620.
This article shall be known, and may be cited, as the Statewide Energy Management Program.
81621.
The definitions set forth in this section govern the construction of this article:
"Commission" means the State Energy Resources Conservation and Development
Commission.
"Energy independence" means the utilization of existing and developing technologies to meet
energy needs onsite, including, but not necessarily limited to, the utilization of solar, fuel cells,
and other renewable and clean onsite energy sources, the optimization of the use of daylighting,
the use of passive solar orientation, and the use of construction techniques that minimize energy
loss, such as appropriate insulation and lighting fixtures.
"Energy management plans" means the plans that community colleges develop with guidance
from the Statewide Energy Management Program to implement energy efficiency projects such
as sustainable green buildings, renovations, and wind or solar farms that will move the
community colleges toward energy independence.
"Program" means the Statewide Energy Management Program, established under this article,
which is a state program modeledafter the Federal Energy Management Program.
"Renewable or other distributed energy systems" means alternative efficient sources of
energy such as daylighting, photovoltaic panels (rooftops or solar farms), passive solar heating,
fuel cells, and steam. Diesel-fueled electric generating systems are not included in this
definition.
"Sustainable green building" means a building that has been designed to reduce both direct
and indirect environmental consequences associated with construction, occupancy, operation,
maintenance, and eventual decommissioning, and whose design is evaluated for cost, quality of
life, future flexibility, ease of maintenance, energy and resource efficiency, and overall
environmental impact, with an emphasis on life-cycle cost analysis.
12096859.2
81622.
(1)
In Executive Order D-16-00, issued August 2, 2000, Governor Davis
directed state agencies to design and construct buildings that incorporate
energy efficiency, resource conservation, and renewable technologies. In
his State of the State Address delivered on January 8, 2001, Governor
Davis expressed his support for the goal of moving the California
Community Colleges toward energy independence.
The Federal Energy Management Program, upon which the State Energy Management
Program is modeled, has resulted in approximately four dollars ($4) in savings for every one
dollar ($1) spent. The federal investment of two billion dollars ($2,000,000,000) in energy
efficiency has resulted in savings of six billion three hundred million dollars ($6,300,000,000) on
energy bills.
In consultation with the commission, the Board of Governors of the California Community
Colleges shall further develop and refine certain guidelines for a Statewide Energy Management
Program that have been established under an ongoing joint effort of the commission and DeAnza
College. This statewide effort shall allow community college districts to achieve energy
independence through the development of energy management plans, the construction of
sustainable green buildings, the use of renewable or other distributed energy systems, and the
expansion of statewide energy education programs and services.
By 2010, the program shall, at a minimum, facilitate the completion of 20 district energy
management plans, 15 renewable or other distributed energy systems, and three sustainable green
buildings on community college campuses statewide.
In consultation with the commission, the board of governors shall accomplish all of the
following:
Review and comment on academic, occupational, and vocational education materials
developed by the commission, the Electric Power Research Institute, public utilities, and the
community colleges to improve energy education programs and services.
Review and recommend actions regarding successful energy education programs and
services that can be identified for replication, personnel exchanges, or implementation of
successful practices.
Review and recommend actions regarding program resources for use by the community
colleges or state agencies in improving energy education programs and services.
Review exemplary programs and facilities, and recommend activities for adoption,
replication, or policy advice.
Review, comment, and recommend actions regarding services that will effect energy
conservation.
12096859.2
Review and comment on funding requests received to improve or enhance energy
education.
Review and comment on occupational and vocational training programs and services to
meet current employment standards in energy occupations.
81623.
The board of governors shall encourage the construction of community college sustainable green
buildings that implement energy efficiency, sustainable building concepts, and solar electric, fuel
cell, and other technologies. On the effective date of this article, the board of governors shall
immediately seek a prototype sustainable green community college instructional building that
can be a model for all new construction and retrofit projects statewide.
81624.
The Chancellor of the California Community Colleges shall establish an advisory committee for
the Statewide Energy Management Program, and determine the membership of that committee.
The advisory committee, with technical assistance from the commission, shall make
recommendations to the chancellor regarding overall program development, resource
development and deployment, and strategies for implementation and coordination of the
program. A leadership role on this committee shall initially be provided by the staff of the
commission and DeAnza College who have been involved since 1992 in a joint effort to promote
training, energy efficiency, and energy independence in the California Community Colleges.
This leadership role shall rotate to other community colleges as they complete their own district
energy management plans.
EXECUTIVE ORDER EXECUTIVE ORDER S-20-04
by the Governor of the State of California
WHEREAS, the Energy Action Plan adopted by the state’s energy agencies places conservation
and energy efficiency first in the loading order of energy resources because they are the least
expensive and most environmentally protective resources; and
WHEREAS, commercial buildings use 36 percent of the state’s electricity and account for a
large percentage of greenhouse gas emissions, raw materials use and waste; and
WHEREAS, the U.S. Green Building Council’s Leadership in Energy and Environmental Design
(LEED), the nation’s leading green building rating system, promotes “high performance”
building practices; energy, water and materials conservation; environmentally preferred products
and practices; improvements in employee health, comfort and productivity; and reductions in
facility operation costs and environmental impacts; and
WHEREAS, electricity costs for California’s commercial and institutional buildings exceed $12
billion per year, and cost-effective efficiency practices outlined in this Order can save more than
$2 billion per year; and
12096859.2
WHEREAS, the state’s own buildings consume over $500 million of electricity per year, and the
measures outlined in this Order can save California taxpayers $100 million per year; and
WHEREAS, high-performance schools also reduce energy and resource consumption, while
creating safer and healthier learning environments; and
WHEREAS, investments in energy efficiency measures provide high returns on investment and
boost California’s economy, creating more jobs, local spending and tax revenue.
NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California,
by virtue of the power vested in me by the Constitution and statutes of the State of California, do
hereby order effective immediately:
1.
That the state commit to
retrofitting, building and
taking all cost-effective
facilities owned, funded
schools to do the same.
aggressive action to reduce state building electricity usage by
operating the most energy and resource efficient buildings by
measures described in the Green Building Action Plan for
or leased by the state and to encourage cities, counties and
2.
That state agencies, departments, and other entities under the direct executive authority of
the Governor cooperate in taking measures to reduce grid-based energy purchases for
state-owned buildings by 20% by 2015, through cost-effective efficiency measures and
distributed generation technologies; these measures should include but not be limited to:
2.1.
Designing, constructing and operating all new and renovated state-owned
facilities paid for with state funds as “LEED Silver” or higher certified buildings;
and
2.2.
Identifying the most appropriate financing and project delivery mechanisms to
achieve these goals; and
2.3.
Seeking out office space leases in buildings with a U.S. EPA Energy Star rating;
and
2.4.
Purchasing or operating Energy Star electrical equipment whenever costeffective.
3.
The Division of the State Architect in the Department of General Services should adopt
guidelines by December 31, 2005, to enable and encourage schools built with state funds
to be resource and energy efficient.
4.
That the California Public Utilities Commission (CPUC) is urged to apply its energy
efficiency authority to support a campaign to inform building owners and operators about
the compelling economic benefits of energy efficiency measures; improve commercial
building efficiency programs to help achieve the 20% goal; and submit a biennial report
12096859.2
to the Governor commencing in September 2005, on progress toward meeting these
goals.
5.
That the California Energy Commission (CEC) propose by July 2005, a benchmarking
methodology and building commissioning guidelines to increase energy efficiency in
government and private commercial buildings.
6.
That the CEC undertake all actions within its authority to increase efficiency by 20% by
2015, compared to Titles 20 and 24 non-residential standards adopted in 2003;
collaborate with the building and construction industry state licensing boards to ensure
building and contractor compliance; and promptly submit its report as per Assembly Bill
549 (Statutes of 2001) on strategies for greater energy and peak demand savings in
existing buildings.
7.
The California Public Employees Retirement System and State Teachers Retirement
System are requested to target resource efficient buildings for real estate investments and
commit clean technology funds to advanced sustainable and efficiency technologies.
8.
Other entities of state government not under the Governor’s direct executive authority,
including the University of California, California State University, California Community
Colleges, constitutional officers, legislative and judicial branches, and CPUC, are
requested to actively participate in this effort.
9.
Nothing in this Order shall be construed to confer upon any state agency decision-making
authority over substantive matters within another agency’s jurisdiction, including any
informational and public hearing requirements needed to make regulatory and permitting
decisions.
10.
Commercial building owners are also encouraged to take aggressive action to reduce
electricity usage by retrofitting, building and operating the most energy and resource
efficient buildings by taking measures described in the Green Building Action Plan.
11.
This Order is not intended to, and does not create any rights or benefits, substantive or
procedural, enforceable at law or in equity, against the State of California, its
departments, agencies, or other entities, its officers or employees, or any other person.
12.
That as soon as hereafter possible, this Order shall be filed with the Office of the
Secretary of State and that widespread publicity and notice shall be given to this Order.
12096859.2
IN WITNESS WHEREOF I have here unto set my hand and caused the Great Seal of the State of
California to be affixed this the fourteenth day of December 2004.
/s/ Arnold Schwarzenegger
Governor of California
12096859.2
Colorado (back to top)
24-30-1301. Definitions.
As used in this part 13, unless the context otherwise requires:
(1)(a) “Capital asset” means:
(I) Real property;
(II) Fixed equipment;
(III) Movable equipment; or
(IV) Instructional or scientific equipment with a cost that exceeds fifty thousand
dollars; except that “capital asset” does not include instructional or scientific
equipment purchased by a state institution of higher education if the institution
uses moneys other than those appropriated pursuant to section 24-75-303.
Instructional or scientific equipment does not include information technology.
(b) “Capital asset” does not mean information technology. All information technology
budget requests must be presented as set forth in section 2-3-1704(11), C.R.S.
(2) “Capital construction” means:
(a) Acquisition of a capital asset or disposition of real property;
(b) Construction, demolition, remodeling, or renovation of real property necessitated
by changes in the program, to meet standards required by applicable codes, to
correct other conditions hazardous to the health and safety of persons which are
not covered by codes, to effect conservation of energy resources, to effect cost
savings for staffing, operations, or maintenance of the facility, or to improve
appearance;
(c) Site improvement or development of real property;
(d) Installation of the fixed or movable equipment necessary for the operation of new,
remodeled, or renovated real property, if the fixed or movable equipment is
initially housed in or on the real property upon completion of the new
construction, remodeling, or renovation;
(e) Installation of the fixed or movable equipment necessary for the conduct of
programs in or on real property upon completion of the new construction,
remodeling, or renovation;
(f) Contracting for the services of architects, engineers, and other consultants to
prepare plans, program documents, life-cycle cost studies, energy analyses, and
other studies associated with capital construction and to supervise the construction
or execution of such capital construction; or
(g) Deleted by Laws 2014, Ch. 309, § 6, eff. June 6, 2014.
(3) “Capital renewal” means a controlled maintenance project of real property or more
than one integrated controlled maintenance projects of real property with costs
exceeding two million dollars in a fiscal year and that is more cost effective or
better addressed by corrective repairs or replacement to the real property rather
than by limited fixed equipment repair, replacement, or smaller individual
controlled maintenance projects.
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(4) “Controlled maintenance” means:
(a) Corrective repairs or replacement, including improvements for health, life safety,
and code requirements, used for existing real property; and
(b) Corrective repairs or replacement, including improvements for health, life safety,
and code requirements, of the fixed equipment necessary for the operation of real
property, when such work is not funded in a state agency's or state institution of
higher education's operating budget.
(c) “Controlled maintenance” may include contracting for the services of architects,
engineers, and other consultants to investigate conditions and prepare
recommendations for the correction thereof, to prepare plans and specifications,
and to supervise the execution of such controlled maintenance projects as
provided through an appropriation by the general assembly.
(5) “Department” means the department of personnel.
(6) “Economic life” means the projected or anticipated useful life of real property.
(7) “Executive director” means the executive director of the department of personnel.
(8) “Facility” means a state-owned building or utility. “Facility” does not include
highways or publicly assisted housing projects as defined in section 24-32-718.
(9) “Fixed equipment” includes, but is not limited to, mechanical, electrical, or plumbing
components built into real property that are necessary for the operation of the real
property.
(10) Deleted by Laws 2014, Ch. 309, § 6, eff. June 6, 2014.
(11) “Initial cost” means the required cost necessary to construct or renovate a facility.
(12) “Life-cycle cost” means the cost alternatives, over the economic life of a facility,
including its initial cost, replacement costs, and the cost of operation and
maintenance of the facility, such as energy and water.
(13) “Movable equipment” means:
(a) All equipment that is not defined as fixed equipment that is necessary for the
conduct of a program in or on real property;
(b) The rolling stock and fixed stock necessary for running a state-owned railway;
and
(c) Aircraft as defined in section 43-10-102(1), C.R.S., that is used for state
purposes.
(14) “Principal representative” means the governing board of a state agency or state
institution of higher education, or the governing board's designee, or, if there is no
governing board, the executive head of a state agency or state institution of higher
education, as designated by the governor or the general assembly, or such
executive head's designee.
(15)(a) “Real property” means a facility, state-owned grounds around a facility, a campus
of more than one facility and the grounds around such facilities, state-owned
fixtures and improvements on land, and every state-owned estate, interest,
privilege, tenement, easement, right-of-way, and other right in land, legal or
equitable, but not including leasehold interests.
(b) “Real property” does not include:
(I) Land or any interest therein acquired by the department of transportation and
used, or intended to be used, for right-of-way purposes;
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(II) Land or any interest therein held by the division of parks and wildlife and
the parks and wildlife commission in the department of natural resources; and
(III) Public lands of the state or any interest therein that are subject to the
jurisdiction of the state board of land commissioners.
(16) “State” means the government of this state, every state agency, and every state
institution of higher education. “State” does not include a county, municipality,
city and county, school district, special district, or any other kind of local
government organized pursuant to law.
(17) “State agency” means any department, commission, council, board, bureau,
committee, office, agency, or other governmental unit of the state.
(18) “State institution of higher education” means a state institution of higher education
as defined in section 23-18-102(10), C.R.S., and the Auraria higher education
center created in article 70 of title 23, C.R.S.
24-30-1304. Life-cycle cost - legislative findings and declaration.
(1) The general assembly hereby finds:
(a) That state-owned real property has a significant impact on the state's consumption of
energy;
(b) That energy conservation practices adopted for the design, construction, and
utilization of this real property will have a beneficial effect on the state's overall supply of
energy;
(c) That the cost of the energy consumed by this real property over the life of the real
property must be considered, in addition to the initial cost of constructing such real
property; and
(d) That the cost of energy is significant, and facility designs must take into consideration
the total life-cycle cost, including the initial construction cost, the cost, over the economic
life of the real property, of the energy consumed, replacement costs, and the cost of
operation and maintenance of the real property, including energy consumption.
(2) The general assembly declares that it is the policy of this state to insure that energy
conservation practices are employed in the design of state-owned real property. To this end the
general assembly requires all state agencies and state institutions of higher education to analyze
the life-cycle cost of all real property constructed or renovated, over its economic life, in addition
to the initial construction or renovation cost.
24-30-1305. Life-cycle cost - application - high performance standards - report.
(1) The general assembly authorizes and directs that state agencies and state
institutions of higher education shall employ design and construction
methods for real property under their jurisdiction, in such a manner as to
further the policy declared in section 24-30-1304, insuring that life-cycle
cost analyses and energy conservation practices are employed in new or
renovated real property.
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(2) The life-cycle cost analysis must include but not be limited to such elements
as:
(a) The coordination, orientation, and positioning of the facility on its
physical site;
(b) The amount and type of fenestration employed in the facility;
(c) Thermal performance and efficiency characteristics of materials
incorporated into the facility design;
(d) The variable occupancy and operating conditions of the facility, including
illumination levels; and
(e) Architectural features which affect energy consumption.
(3) The life-cycle cost analysis performed for real property with a facility of
twenty thousand or more gross square feet with significant energy
demands must provide but not be limited to the following information:
(a) The initial estimated cost of each energy-consuming system being
compared and evaluated;
(b) The estimated annual operating cost of all utility requirements, including
consideration of possible escalating costs of energy. The department may
rely on any national or locally appropriate fuel escalating methodology
approved by the department in performing life-cycle cost analyses.
(c) The estimated annual cost of maintaining each energy-consuming system;
(d) The average estimated replacement cost for each system expressed in
annual terms for the economic life of the facility;
(e) The use of biofuel to provide supplemental or exclusive heating, power,
or both for the facility. For a renovation of such a facility, the cost analysis
regarding the use of biofuel must consider any stranded utility costs; and
(f) An energy consumption analysis of such real property's heating,
ventilating, and air conditioning system, lighting system, and all other
energy-consuming systems. The energy consumption analysis of the
operation of energy-consuming systems in the real property should include
but not be limited to:
(I) The comparison of two or more system alternatives;
(II) The simulation or engineering evaluation of each system over the
entire range of operation of the real property for a year's operating
period; and
(III) The engineering evaluation of the energy consumption of
component equipment in each system considering the operation of such
components at other than full or rated outputs.
(4) The life-cycle cost analysis shall be certified by a licensed architect or
professional engineer, or by both architect and engineer, particularly
qualified by training and experience for the type of work involved.
(5) In order to protect the integrity of historic buildings, no provision of section
24-30-1304 or this section should be interpreted to require such analysis
with respect to any real property eligible for, nominated to, or entered in
the national register of historic places, designated by statute, or included in
an established list of places compiled by the state historical society.
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(6) Selection of the optimum system or combination of systems to be incorporated
into the design of real property must be based on the life-cycle cost
analysis over the economic life of the real property, unless a request for an
alternative system is made and approved by the department prior to
beginning construction.
(7) The principal representatives of all state agencies and state institutions of
higher education are responsible for implementing the provisions of this
section and the policy established in section 24-30-1304.
(8) The provisions of section 24-30-1304 and this section shall not apply to
municipalities or counties nor to any agency or department of any
municipality or county.
(9) Repealed by Laws 2014, Ch. 378, § 71, eff. June 6, 2014.
(10) As used in this section, unless the context otherwise requires:
(a) “Biofuel” means nontoxic plant matter consisting of agricultural or
silvicultural crops or their byproducts, urban wood waste, mill residue,
slash, or brush.
(b) “Energy consumption analysis” means the evaluation of all energyconsuming systems and components by demand and type of energy,
including the internal energy load imposed on real property by its
occupants, equipment, and components and the external energy load
imposed on the real property by climatic conditions.
§ 24-38.5-201. Legislative declaration
(1) The general assembly hereby finds and declares that:
(a) An incentive-based green building pilot program will strive to reduce electricity, gas,
and water use in older homes while providing an incentive for homebuyers to purchase
new residential construction that meets stringent energy efficiency standards;
(b) Providing incentives for new residential construction that meets stringent energy
efficiency standards and improving energy efficiency in existing residences can
stimulate local and state economies and provide opportunities for job growth in green
jobs and industries that are focused on improving energy efficiency of both new and
existing residences; and
(c) An incentive-based green building pilot program will benefit homebuyers who are
attempting to purchase highly energy efficient new residential construction and retrofit
existing homes in an attempt to reduce energy and water consumption.
§ 24-38.5-202. Definitions
As used in this part 2, unless the context otherwise requires:
(1) “Energy code” means the 2006 international energy conservation code, or any successor
edition, published by the international code council or any state or local energy code that has
more recent or more stringent requirements.
(2) “Energy efficiency improvement” means:
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(a) An upgrade to a structure, appliance, fixture, plumbing, heating or cooling system, or
water heater in any existing residence that is intended to reduce the consumption of
electricity, natural gas, water, or any other fuel or energy source; and
(b) The installation or upgrade of building insulation, air sealing measures, and duct sealing
in any existing residence.
(3) “Existing residence” means a residence, either single-family detached or multi-family, that:
(a) Is located in Colorado;
(b) Is used as the qualified homebuyer's primary residence; and
(c) Has a current home energy rating, as determined by a recognized green building rating
system, that is below minimum standards, as determined by the energy code.
(4) “Green building incentive pilot program” or “pilot program” means the green building
incentive pilot program described in section 24-38.5-203.
(5) “Highly efficient new residential construction” means a new single-family detached
residence or new multi-family residence located in Colorado that is designed and constructed
to be at least twenty-five percent more efficient than the energy code's requirements, as
documented by a recognized green building rating system.
(6) “Home energy audit” means an inspection, survey, and analysis of a home's structure and
systems in order to quantify the building's projected energy consumption.
(7) “Home energy rating” means an objective and standard measurement of a home's energy
efficiency relative to standards contained in an energy code, such as those developed by the
residential energy services network or any successor organization.
(8) “Qualified homebuyer” means a person that has entered into a sales contract to purchase
highly efficient new residential construction and will be selling the person's existing
residence in order to purchase the highly efficient new residential construction as the person's
primary residence.
(9) “Recognized green building rating system” means a system of rules for comparing the
performance of a whole building or building system to the energy code, to a problem, or to a
test case that serves as a basis for evaluation or comparison. “Recognized green building
rating system” includes, but is not limited to:
(a) The federal energy star program, jointly operated by the United States environmental
protection agency and the United States department of energy, or its successor program;
(b) The January 2008 version, or any successor standard, of the “LEED for Homes Rating
System” administered by the United States green building council or its successor
organization;
(c) The national green building standard, commonly cited as ANSI/ICC 700-2008,
established by the national association of home builders and the international council
code, or any successor standard; and
(d) Energy audits that are performed by the electric utility, or its designee, providing
service to the residence.
§ 24-38.5-203. Green building incentive pilot program
(1) Except as provided in paragraph (b) of subsection (9) of this section, the Colorado energy
office shall establish and administer a green building incentive pilot program in accordance
with the requirements established in this part 2.
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(2)(a) A qualified homebuyer may submit an application, provided by the Colorado energy
office, to the Colorado energy office for a grant to make energy efficiency improvements to
the homebuyer's existing residence that the homebuyer is selling in preparation for
purchasing a highly efficient new residential construction.
(b) The Colorado energy office shall award a larger grant to a qualified homebuyer with an
existing residence that has a home energy rating or home energy audit showing greater
inefficiency.
(3) The energy efficiency improvements shall be performed by contractors approved by the
Colorado energy office as specified in subsection (6) of this section.
(4) The Colorado energy office shall require the qualified homebuyer to submit documentation:
(a) That the home energy rating of the qualified homebuyer's existing residence is below
the energy code's requirements;
(b) That the qualified homebuyer has entered into a sales contract to purchase a highly
efficient new residential construction;
(c) Of the estimated completion date of the qualified homebuyer's highly efficient new
residential construction;
(d) Of the name or names of the contractors that will perform the energy efficiency
improvements on the existing residence; and
(e) That the highly efficient new residential construction meets the definition specified in
section 24-38.5-202(5). The qualified homebuyer may seek such documentation from
the home builder, who may then submit the documentation on behalf of the qualified
homebuyer.
(5) Energy efficiency improvements made to an existing residence shall be completed in a
manner that is consistent with a home energy rating or a home energy audit, and shall result
in improved energy efficiency. Retrofits and upgrades to improve the energy efficiency of a
qualified homebuyer's existing residence shall be completed before the closing of the sale of
the residence.
(6) The Colorado energy office shall create a list of contractors eligible to perform energy
efficiency improvements to a qualified homebuyer's existing residence.
(7) In order to confirm that the qualified homebuyer met the requirements of the pilot program,
the qualified homebuyer shall submit to the Colorado energy office copies of closing
documentation for the highly efficient new residential construction no later than thirty days
after the construction is complete. If construction is delayed and not completed by the
estimated completion date, the Colorado energy office may grant a waiver or extension for
submission of this documentation.
(8) If the purchase of the highly efficient new residential construction is not finalized for any
reason, including but not limited to the cancellation of the sale by the qualified homebuyer or
the failure of the qualified homebuyer to secure financing, the qualified homebuyer shall
reimburse the total amount of the grant to the Colorado energy office within thirty days after
such cancellation or failure.
(9)(a) Funding for the pilot program shall be provided from federal funds transferred to the
Colorado energy office that the Colorado energy office has already received prior to August
10, 2011, or may receive after August 10, 2011. The Colorado energy office may require
additional documentation or information from the qualified homebuyer as required to secure
any additional federal funds.
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(b) The Colorado energy office shall not establish the pilot program set forth in this part 2 if
federal funds are not available.
§ 30-28-211. Energy efficient building codes--legislative declaration--definitions
(1) The general assembly hereby finds and declares that there is statewide interest in
requiring an effective energy efficient building code for the following reasons:
(a) Excessive energy consumption creates effects beyond the boundaries of the local
government within which the energy is consumed because the production of power
occurs in centralized locations.
(b) Air pollutant emissions from energy consumption affect the health of the citizens
throughout Colorado.
(c) The strain on the grid from peak electric power demands is not confined to
jurisdictional boundaries.
(d) There is statewide interest in the reliability of the electrical grid and an adequate
supply of heating oil and natural gas.
(e) Controlling energy costs for residents and businesses furthers a statewide interest in a
strong economy and reducing the cost of housing in Colorado.
(2) As used in this section, unless the context otherwise requires:
(a) “Building code” means regulations related to energy performance, electrical systems,
mechanical systems, plumbing systems, or other elements of residential or
commercial buildings.
(b) “Energy code” means, at a minimum, the 2003 international energy conservation
code, or any successor edition, published by the international code council or any
other code determined by the Colorado energy office created in section 24-38.5-101,
C.R.S., to be more appropriate for local conditions.
(c) “Office” means the Colorado energy office created in section 24-38.5-101, C.R.S.
(3) Within one year of July 1, 2007, every board of county commissioners that has enacted a
building code pursuant to section 30-28-201 shall adopt an energy code that shall apply to
the construction of, and renovations and additions to, all commercial and residential
buildings in the county to which the building code applies.
(4) The energy code shall apply to any commercial or residential building in the county for
which a building permit application is received subsequent to the adoption of the energy
code.
(5) The following buildings are exempt from the provisions of subsection (4) of this section:
(a) Any building that is otherwise exempt from the provisions of the building code
adopted by the board of county commissioners of the county in which the building is
located and buildings that do not contain a conditioned space;
(b) Any building that does not use either electricity or fossil fuels for comfort heating. A
building will be presumed to be heated by electricity even in the absence of
equipment used for electric comfort heating if the building is provided with electrical
service in excess of one hundred amps, unless the code enforcement official of the
county determines that the electrical service is necessary for a purpose other than for
providing electric comfort heating.
12096859.2
(c) Historic buildings that are listed on the national register of historic places or Colorado
state register of historic properties and buildings that have been designated as
historically significant or that have been deemed eligible for designation by a local
governing body that is authorized to make such designations; and
(d) Any building that is exempt pursuant to the energy code.
(6) Notwithstanding any other provision of this section, the board of county commissioners
of a county that is required to adopt an energy code may make any amendments to the
energy code that the board deems appropriate for local conditions, so long as the
amendments do not decrease the effectiveness of the energy code.
(7)(a) The office shall ensure that information explaining the requirements of the energy code
and describing acceptable methods of compliance is available to builders, designers,
engineers, and architects.
(b) The office shall provide boards of county commissioners with technical assistance
concerning the implementation and enforcement of the energy code.
D 005 05
EXECUTIVE ORDER
GREENING OF STATE GOVERNMENT
Pursuant to the authority vested in the Office of the Governor of the State of Colorado, I, Bill
Owens, Governor of the State of Colorado, hereby issue this Executive Order concerning
enhancing the efficiency and greening of state government.
1.
Background and Need
State government needs to operate as efficiently as possible, but at the same time it is
important to set an example through efforts to reduce the use of limited resources, increase the
cost effectiveness of state government, and improve Colorado’s environment and the health of
our children and future generations. Accordingly, the State of Colorado is committed to business
practices that contribute to the mutually compatible goals of economic vitality, a healthy
environment and strong communities.
The State has already taken significant steps in this direction, particularly under
Executive Order D 014 03, Energy Performance Contracting to Improve State Facilities. The
Department of Corrections through its Energy Management Program avoids $1.8 million in
annual costs (10 percent of its utility budget) and is planning additional facility improvements
that could result in avoided annual costs exceeding $1 million. The Department of Human
Services through its aggressive program to manage its $5.3 million annual utility budget
achieved a 10 percent level of cost avoidance and is implementing projects through performance
contracts that will avoid an additional $1,000,000 in annual utility costs. The Department of
Personnel and Administration, with the Judicial Department and the Department of Labor &
Employment, is using performance contracting for a large-scale, comprehensive effort that
captures $800,000 in annual reductions to pay for $14 million in facility upgrades. Other state
agencies including the Department of Military Affairs, Colorado School for the Deaf and the
Blind, Department of Public Health and Environment, and Department of Natural Resources are
implementing similar projects.
12096859.2
Within state government, such sustainable practices require decisions based on a
systematic evaluation of the costs and long-term impacts of an activity or product on health and
safety, communities, and the environment and economy of the State of Colorado. State agencies,
through changes in daily operations, ongoing programs, and long-range planning, are able to
simultaneously have a significant positive impact on the environment, economic efficiency of
state government, and the character of our communities. Government can also foster markets for
emerging environmental technologies and products. Finally, state government can be a model for
environmental leadership by implementing pollution prevention and resource conservation
programs that not only enhance environmental protection, but also save taxpayers’ money
through reduced costs, including reduced material costs, waste disposal costs and utility bills.
The most effective manner for state government to implement such programs is through
the establishment of systems and procedures to evaluate costs and manage environmental
impacts. This system should be developed and implemented consistently across state
government with the assistance of the Governor’s Office of Energy Management and
Conservation, Department of Public Health and Environment and Department of Personnel and
Administration.
2.
Directive
A.
B.
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I hereby direct the Executive Directors of all state agencies and departments to
evaluate their current business operations in accordance with the goals of this
Order and develop and implement policies and procedures to promote
environmentally sustainable and economically efficient practices, including, but
not limited to:
i.
Adopting the United States Green Buildings Council’s Leadership in
Energy and Environmental Design Green Building Rating System for
Existing Buildings (LEED -EB) in operating, maintaining and managing
existing buildings, to the extent applicable and practicable.
ii.
Incorporating LEED for New Construction (LEED-NC) practices to
design energy and resource efficient new buildings, to the extent that this
is deemed cost effective.
iii.
Initiating an energy management program to monitor and manage utility
usage and costs, as resources become available.
I hereby direct the Executive Directors of the Governor’s Office of Energy
Management and Conservation, Department of Public Health and Environment,
and Department of Personnel and Administration, to establish a Colorado
Greening Government Coordinating Council (Council) to include representatives
from each state agency and department.
C.
I hereby direct the Council to develop, implement, and augment programs, plans
and policies that save money, prevent pollution and conserve natural resources
throughout state government management and operations, including but not
limited to source and waste reduction, energy efficiency, water conservation,
recycling, fleet operations, environmental preferable purchasing, and establishing
state-wide goals to save taxpayers’ money and reduce environmental impacts.
D.
I hereby direct State agencies and departments to provide all reasonable assistance
and cooperation requested by the Council for the purpose of carrying out this
order.
E.
I hereby direct each State agency or department to annually submit to the Council
a list of all projects implemented in accordance with this Executive Order in the
previous calendar year and the resultant environmental benefits and cost savings.
To assist agencies in this effort, the Governor’s Office of Energy Management and
Conservation offers technical services to all State departments and agencies.
3.
Duration
This Executive Order shall remain in force until further modification or rescission by the
Governor.
GIVEN under my hand and the Executive Seal of the State of Colorado, this 15th day of
July, 2005.
Bill Owens
Governor
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Connecticut (back to top)
Sec. 16a-38k. Building construction standards for new construction of certain state
facilities.
(a) Notwithstanding any provision of the general statutes, any (1) new construction of a state
facility that is projected to cost five million dollars, or more, and for which all budgeted project
bond funds are allocated by the State Bond Commission on or after January 1, 2008, (2)
renovation of a state facility that is projected to cost two million dollars or more, of which two
million dollars or more is state funding, approved and funded on or after January 1, 2008, (3)
new construction of a facility that is projected to cost five million dollars, or more, of which two
million dollars or more is state funding, and is authorized by the General Assembly pursuant to
chapter 1731 on or after January 1, 2009, and (4) renovation of a public school facility as defined
in subdivision (18) of section 10–282 that is projected to cost two million dollars or more, of
which two million dollars or more is state funding, and is authorized by the General Assembly
pursuant to chapter 173 on or after January 1, 2009, shall comply with or exceed compliance
with the silver building rating of the Leadership in Energy and Environmental Design's rating
system for new commercial construction and major renovation projects, as established by the
United States Green Building Council, or an equivalent standard, including, but not limited to, a
two-globe rating in the Green Globes USA design program the regulations described in
subsection (b) of this section until the regulations described in subsection (b) (c) of this section
are adopted. The Commissioner of Energy and Environmental Protection, in consultation with
the Commissioner of Administrative Services and the Institute for Sustainable Energy, shall
exempt any facility from complying with said the regulations adopted pursuant to subsection (b)
or (c) of this section if the Commissioner of Energy and Environmental Protection, in
consultation with the Secretary of the Office of Policy and Management, finds, in a written
analysis, that the cost of such compliance significantly outweighs the benefits the measures
needed to comply with the building construction standards are not cost effective, as defined in
subdivision (8) of subsection (a) of section 16a–38. Nothing in this section shall be construed to
require the redesign of any new construction of a state facility that is designed in accordance
with the silver building rating of the Leadership in Energy and Environmental Design's rating
system for new commercial construction and major renovation projects, as established by the
United States Green Building Council, or an equivalent standard, including, but not limited to, a
two-globe rating in the Green Globes USA design program, provided the design for such facility
was initiated or completed prior to the adoption of the regulations described in subsection (b) of
this section.
(b) Not later than January 1, 2007, the Commissioner of Energy and Environmental Protection,
in consultation with the Commissioner of Administrative Services, shall adopt regulations, in
accordance with the provisions of chapter 54,2 to adopt state building construction standards that
are consistent with or exceed the silver building rating of the Leadership in Energy and
Environmental Design's rating system for new commercial construction and major renovation
projects, as established by the United States Green Building Council, including energy standards
that exceed those set forth in the 2004 edition of the American Society of Heating, Ventilating
and Air Conditioning Engineers (ASHRAE) Standard 90. 1 by no not less than twenty per cent,
or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes
12096859.2
USA design program, and thereafter update such regulations as the Commissioner of Energy and
Environmental Protection deems necessary.
(c) Not later than January 1, 2015, the Commissioner of Energy and Environmental Protection,
in consultation with the Commissioner of Administrative Services, shall adopt regulations, in
accordance with chapter 54, to adopt state building construction standards for facilities described
in subsection (a) of this section that achieve at least seventy-five points on the United States
Environmental Protection Agency's national energy performance rating system, as determined by
said agency's Energy Star Target Finder tool. Such regulations shall include a standard for
inclusion of electric vehicle charging stations. The Commissioner of Energy and Environmental
Protection may update such regulations as the commissioner deems necessary.
(d) The Commissioner of Energy and Environmental Protection, in consultation with the
Commissioner of Administrative Services and the Institute for Sustainable Energy, shall exempt
any facility from complying with the regulations adopted pursuant to subsection (c) of this
section if such facility cannot be defined as an eligible building type, as determined by the
Energy Star Target Finder tool. Any such exempt facility shall exceed the energy building
construction standards set forth in the 2007 edition of the American Society of Heating,
Ventilating and Air Conditioning Engineers (ASHRAE) Standard 90.1 by not less than twenty
per cent, or adhere to the current State Building Code, whichever is more stringent.
§ 12-217mm. Tax credit for green buildings. Regulations.
(a) As used in this section:
(1) “Allowable costs” means the amounts chargeable to a capital account, including, but
not limited to: (A) Construction or rehabilitation costs; (B) commissioning costs; (C)
architectural and engineering fees allocable to construction or rehabilitation, including
energy modeling; (D) site costs, such as temporary electric wiring, scaffolding,
demolition costs and fencing and security facilities; and (E) costs of carpeting,
partitions, walls and wall coverings, ceilings, lighting, plumbing, electrical wiring,
mechanical, heating, cooling and ventilation but “allowable costs” does not include the
purchase of land, any remediation costs or the cost of telephone systems or computers;
(2) “Brownfield” has the same meaning as in section 32-760;
(3) “Eligible project” means a real estate development project that is designed to meet or
exceed the applicable LEED Green Building Rating System gold certification or other
certification determined by the Commissioner of Energy and Environmental Protection
to be equivalent, but if a single project has more than one building, “eligible project”
means only the building or buildings within such project that is designed to meet or
exceed the applicable LEED Green Building Rating System gold certification or other
certification determined by the Commissioner of Energy and Environmental Protection
to be equivalent;
(4) “Energy Star” means the voluntary labeling program administered by the United States
Environmental Protection Agency designed to identify and promote energy-efficient
products, equipment and buildings;
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(5) “Enterprise zone” means an area in a municipality designated by the Commissioner of
Economic and Community Development as an enterprise zone in accordance with the
provisions of section 32-70;
(6) “LEED Accredited Professional Program” means the professional accreditation
program for architects, engineers and other building professionals as administered by
the United States Green Building Council;
(7) “LEED Green Building Rating System” means the Leadership in Energy and
Environmental Design green building rating system developed by the United States
Green Building Council as of the date that the project is registered with the United
States Green Building Council;
(8) “Mixed-use development” means a development consisting of one or more buildings
that includes residential use and in which no more than seventy-five per cent of the
interior square footage has at least one of the following uses: (A) Commercial use; (B)
office use; (C) retail use; or (D) any other nonresidential use that the Secretary of the
Office of Policy and Management determines does not pose a public health threat or
nuisance to nearby residential areas;
(9) “Secretary” means the Secretary of the Office of Policy and Management; and
(10) “Site improvements” means any construction work on, or improvement to, streets,
roads, parking facilities, sidewalks, drainage structures and utilities.
(b) For income years commencing on and after January 1, 2012, there may be allowed a credit
for all taxpayers against any tax due under the provisions of this chapter for the construction or
renovation of an eligible project that meets the requirements of subsection (c) of this section,
and, in the case of a newly constructed building, for which a certificate of occupancy has been
issued not earlier than January 1, 2010.
(c) (1) To be eligible for a tax credit under this section a project shall: (A) Not have energy use
that exceeds (i) seventy per cent of the energy use permitted by the state building code for new
construction, or (ii) eighty per cent of the energy use permitted by the state energy code for
renovation or rehabilitation of a building; and (B) use equipment and appliances that meet
Energy Star standards, if applicable, including, but not limited to, refrigerators, dishwashers and
washing machines.
(2) The credit shall be equivalent to a base credit as follows: (A) For new construction or
major renovation of a building but not other site improvements certified by the LEED
Green Building Rating System or other system determined by the Commissioner of
Energy and Environmental Protection to be equivalent, (i) eight per cent of allowable
costs for a gold rating or other rating determined by the Commissioner of Energy and
Environmental Protection to be equivalent, and (ii) ten and one-half per cent of
allowable costs for a platinum rating or other rating determined by the Commissioner of
Energy and Environmental Protection to be equivalent; and (B) for core and shell or
commercial interior projects, (i) five per cent of allowable costs for a gold rating or
other rating determined by the Commissioner of Energy and Environmental Protection
to be equivalent, and (ii) seven per cent of allowable costs for a platinum rating or other
rating determined by the Commissioner of Energy and Environmental Protection to be
equivalent. There shall be added to the base credit one-half of one per cent of allowable
costs for a development project that is (I) a mixed-use development, (II) located in a
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brownfield or enterprise zone, (III) does not require a sewer extension of more than
one-eighth of a mile, or (IV) located within one-quarter of a mile walking distance of
publicly available bus transit service or within one-half of a mile walking distance of
adequate rail, light rail, streetcar or ferry transit service, provided, if a single project has
more than one building, at least one building shall be located within either such
distance. Allowable costs shall not exceed two hundred fifty dollars per square foot for
new construction or one hundred fifty dollars per square foot for renovation or
rehabilitation of a building.
(d) (1) The Secretary of the Office of Policy and Management may issue an initial credit voucher
upon determination that the applicant is likely, within a reasonable time, to place in service
property qualifying for a credit under this section. Such voucher shall state: (A) The first income
year for which the credit may be claimed, (B) the maximum amount of credit allowable, and (C)
the expiration date by which such property shall be placed in service. The expiration date may be
extended at the discretion of the secretary. Such voucher shall reserve the credit allowable for the
applicant named in the application until the expiration date. If the expiration date is extended, the
reservation of the tax credit may also be extended at the discretion of the secretary.
(2) The aggregate amount of all tax credits in initial credit vouchers issued by the secretary
shall not exceed twenty-five million dollars.
(3) For each income year for which a taxpayer claims a credit under this section, the
taxpayer shall obtain an eligibility certificate from an architect or professional engineer
licensed to practice in this state and accredited through the LEED Accredited
Professional Program or other program determined by the Commissioner of Energy and
Environmental Protection to be equivalent. Such certificate shall consist of a
certification, under the seal of such architect or engineer, that the building, base
building or tenant space with respect to which the credit is claimed, meets or exceeds
the applicable LEED Green Building Rating System gold certification, or other
certification determined by the Commissioner of Energy and Environmental Protection
to be equivalent in effect at the time such certification is made. Such certification shall
set forth the specific findings upon which the certification is based and shall state that
the architect or engineer is accredited through the LEED Accredited Professional
Program or other program determined by the Commissioner of Energy and
Environmental Protection to be equivalent.
(4) To obtain the credit, the taxpayer shall file the initial credit voucher described in
subdivision (1) of this subsection, the eligibility certificate described in subdivision (3)
of this subsection and an application to claim the credit with the Commissioner of
Revenue Services. The commissioner shall approve the claim upon determination that
the taxpayer has submitted the voucher and certification required under this
subdivision. The applicant shall send a copy of all such documents to the secretary.
(e) (1) A taxpayer may claim not more than a total of twenty-five per cent of allowable costs in
any income year, and any percentage of tax credit that the taxpayer would otherwise be entitled
to in accordance with subsection (c) of this section may be carried forward for a period of not
more than five years.
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(2) Tax credits are fully assignable and transferable. A project owner, including, but not
limited to, a nonprofit or institutional project organization, may transfer a tax credit to a
pass-through partner in return for a lump sum cash payment.
(f) Notwithstanding any provision of the general statutes, any subsequent successor in interest to
the property that is eligible for a credit in accordance with subsection (c) of this section may
claim such credit if the deed transferring the property assigns the subsequent successor such
right, unless the deed specifies that the seller shall retain the right to claim such credit. Any
subsequent tenant of a building for which a credit was granted to a taxpayer pursuant to this
section may claim the credit for the period after the termination of the previous tenancy that such
credit would have been allowable to the previous tenant.
(g) The Secretary of the Office of Policy and Management shall establish a uniform application
fee, in an amount not to exceed ten thousand dollars, which shall cover all direct costs of
administering the tax credit program established pursuant to this section. Said secretary may hire
a private consultant or outside firm to administer and review applications for said program.
(h) On or before July 1, 2013, the secretary, in consultation with the Commissioner of Revenue
Services, shall prepare and submit to the Governor and the joint standing committees of the
General Assembly having cognizance of matters relating to planning and development and
finance, revenue and bonding, a written report containing (1) the number of taxpayers applying
for the credits provided in this section; (2) the amount of such credits granted; (3) the
geographical distribution of such credits granted; and (4) any other information the secretary
deems appropriate. A preliminary draft of the report shall be submitted on or before July 1, 2012,
to the Governor and the joint standing committees of the General Assembly having cognizance
of matters relating to planning and development and finance, revenue and bonding. Such reports
shall be submitted in accordance with the provisions of section 11-4a.
(i) Not later than January 1, 2011, the secretary, in consultation with the Commissioner of
Revenue Services, shall adopt regulations, in accordance with the provisions of chapter 541, as
necessary to implement the provisions of this section.
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Delaware (back to top)
TITLE 29, CHAPTER 80., Subchapter II. The Delaware Energy Act § 8057. Green Energy
Fund.
The State Energy Office shall administer moneys in the Green Energy Fund, in consultation
with other offices within Department of Natural Resources and Environmental Control
(DNREC), the Delaware Economic Development Office and the Division of the Public
Advocate, through a program of environmental incentive grants and loans for the development,
promotion and support of energy efficiency programs and renewable or alternative energy
technology in the State.
The State Energy Office shall establish standards, procedures and regulations governing the
administration of the Green Energy Fund which are not inconsistent with this subchapter. Up to
7.5% of the moneys deposited in the Green Energy Fund each year may be used for
administration of the Fund, and an additional 2.5% of the moneys may be used for outreach
activities including marketing, advertising and workshops.
The goals which shall guide use of the Green Energy Fund include:
Fostering use of energy efficient, renewable and environmentally friendly energy
technologies throughout the State in the residential, commercial, industrial, public and
agricultural sectors;
Promoting research, development and demonstration projects in the fields of energy
efficiency and renewable energy technologies;
Advocating green public policy initiatives;
Establishing and supporting education and public awareness programs;
Pursuing community outreach programs;
Supporting the development of green industries and generators in the State;
Encouraging the construction, maintenance and operation of green buildings, schools and
residential developments; and
Creating market incentives for the pursuit of renewable energy resources by energy
providers in the State.
The Green Energy Fund shall be used for programs in Delaware including, but not limited to:
12096859.2
The Green Energy Endowment Program:
The Green Energy Endowment Program shall provide cash grants from the Green Energy
Fund to customers that have constructed, purchased, leased or who have executed a power
purchase agreement for renewable energy technology and have placed such renewable energy
technology in service.
Any 1 cash grant for any 1 project shall be no more than is necessary to promote
deployment of renewable energy technologies. The level of incentive shall be set by the
Secretary, in consultation with the Sustainable Energy Utility Oversight Board, and may be
amended from time to time to respond to market conditions.
Persons eligible for cash grants under the Green Energy Endowment Program shall
include:
Persons in Delaware receiving services from Conectiv, or its successor, after the adoption
of a restructuring plan pursuant to § 1005(a) of Title 26; and
Persons in Delaware receiving services from a nonregulated electric supplier which is
contributing to the Green Energy Fund.
Grants made under the Green Energy Endowment Program shall not exceed 65% of all
expenditures from the Green Energy Fund on an annual basis.
Funds available for grants under the Green Energy Endowment Program will be allocated
into a residential pool and a nonresidential pool on an annual basis. Sixty percent of the funds
available for grants under the Green Energy Incentive Program will be allocated to the residential
pool and 40% of the funds available for grants under the Green Energy Endowment Program will
be allocated to the nonresidential pool.
For all new Green Energy Endowment Program applicants who have not, as of July 28,
2010, received a commitment of funding from DNREC, must first, before applying for a grant
under this program, conduct a home performance with Energy Star audit, using a Building
Performance Institute or equivalent certification program trained professional, and identify costeffective energy efficiency projects. Newly constructed homes and commercial buildings must
receive Energy Star certification or an equivalent third-party green building certification in order
to receive funding under this program.
The Technology Demonstration Program:
The Technology Demonstration Program shall provide cash grants equal to 25% of the
cost of a project which demonstrates the market potential of Renewable Energy Technology in
Delaware, with no 1 grant for any 1 project to exceed $200,000.
Grants made under the Technology Demonstration Program shall not exceed 25% of all
expenditures from the Green Energy Fund on an annual basis.
The Research and Development Programs:
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Under the Research and Development Programs monies will be expended from the Green
Energy Fund:
To support qualifying research and graduate studies in Delaware in energy efficiency and
renewable energy technologies; and
To provide grants equal to no greater than 35% of the cost of project for the development
of a product in Delaware directly related to Renewable Energy Technology, including but not
limited to any product improving the engineering of, adapting or developing Renewable Energy
Technology either as an independent piece of Renewable Energy Technology or as a component
thereof, with no 1 grant for any one project to exceed $250,000.
Grants made under the Research and Development Programs, in the aggregate, shall not
exceed 10% of all expenditures from the Green Energy Fund on an annual basis.
Solar Energy Curriculum Program. --The Solar Energy Curriculum Program shall provide
cash grants from the Green Energy Fund to high schools in Delaware that are Delmarva Power
customers and that create a course, or curriculum, that teaches the science, economics, policy,
and hands-on installation of solar photovoltaic technology. Grants made under this program shall
provide 100% funding for the installation of a solar photovoltaic system to be used as part of the
qualifying school's solar energy curriculum. Total funding may not exceed $10,000 per school
for solar equipment only, and shall not prevent the school from participating in the Green Energy
Endowment Program. Green Energy Fund dollars committed to such installations shall not
exceed $100,000 per year total. The Energy Office shall establish appropriate curriculum
eligibility criteria before awarding any such grants.
Unexpended Funds.- Any amount allocated to the Green Energy Endowment Program,
the Technology Demonstration Program and the Research and Development Programs and not
expended during a particular year shall be considered as part of the Green Energy Fund and
available for allocation and expenditure in subsequent years. Provided the Controller General
approves, annual funds collected and unused during 1 fiscal year that have been apportioned to
the commercial sector in the Green Energy Endowment Program may be moved for use in the
residential sector in following years to allow the Energy Office to satisfy application queues
should they develop.
The Secretary may, in the event the Endowment program described in paragraph (d)(1) of
this section above is unable to keep pace with demand, indefinitely suspend the Technology
Demonstration and Research and Development programs defined in paragraphs (d)(2) and (3) of
this section and direct all available funds to the Green Energy Endowment Program until such
time as any queue is eliminated and all applicants have received their authorized payment.
Upon a finding by the Secretary, in consultation with the Sustainable Energy Utility
Oversight Board, that the incentives provided for renewable energy technologies through the
operation of the Delaware Renewable Energy Portfolio Standard as authorized under subchapter
III-A, of Chapter 1, of Title 26, are substantially equivalent to or exceed those allowed under this
chapter, the Secretary may, providing that all approved applicants receive payments offered
under the Green Energy Endowment Program, suspend in part or in full, the Green Energy
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Endowment Program, the Technology and Demonstration Program and/or the Research and
Development Program under paragraphs (d)(1)-(3) of this section and reallocate revenues
authorized under § 1014(a) of Title 26 to alternative incentive programs to promote energy
efficiency and green building programs, renewable energy loan programs and incentive programs
for nonprofit organizations. In the event the Secretary makes such a finding in consultation with
the Sustainable Energy Utility Oversight Board, the Secretary shall provide to the Chairs of the
House and Senate Energy Committees the Secretary's rationale for such a finding and a full
description of the new program to be implemented.
Incentives provided through the Green Energy Fund shall be exempt from taxation by the
State and by the counties and municipalities of the State.
Executive Order Eighteen - Leading By Example Towards A Clean Energy Economy &
Sustainable Natural Environment
February 17, 2010
TO: HEADS OF ALL STATE DEPARTMENTS AND AGENCIES
RE: LEADING BY EXAMPLE TOWARDS A CLEAN ENERGY ECONOMY &
SUSTAINABLE NATURAL ENVIRONMENT
For more information, please see: Fact Sheet and Press Release
WHEREAS, the transition to a cleaner energy, low-carbon economy and the importance of
addressing climate change present Delaware with unprecedented challenges and opportunities to
strengthen the State's economic competitiveness, create thousands of well-paying jobs, improve
public health, protect the environment, and enhance the quality of life; and
WHEREAS, an important part of the State's economic development strategy is advancing
climate prosperity, through which companies and individuals can become more prosperous by
seizing market opportunities in the State's emerging clean energy economy and using resources
more efficiently; and
WHEREAS, State government must lead by example as it works towards transforming Delaware
into a national model clean energy economy built on economic growth, environmental
protection, energy conservation and efficiency, renewable energy, cleaner transportation options,
and sustainable buildings and operations; and
WHEREAS, the State government faces significant budget challenges that require creative
solutions to reduce and stabilize operating expenses, including reducing the more than $35
million expended annually on energy; and
WHEREAS, the Governor's Energy Advisory Council has made numerous recommendations
worthy of adoption, including the State of Delaware focusing on leading by example; and
12096859.2
WHEREAS, the steps identified in this order have the potential to reduce greenhouse gas
emissions from State government operations and demonstrate that the adoption of responsible
policies to minimize our impact on the environment can simultaneously reduce operating
expenses and create a more efficient government;
NOW, THEREFORE, I, JACK A. MARKELL, by virtue of the authority vested in me as
Governor of the State of Delaware, do hereby DECLARE and ORDER that:
Energy Conservation and Efficiency
1. All State executive branch agencies, departments and offices shall achieve, subject to
funding opportunities and constraints, an overall collective reduction, from fiscal year
2008 levels, in energy consumption of at least 10% by the end of fiscal year 2011, 20%
by the end of fiscal year 2013, and 30% by the end of fiscal year 2015.
(a) All State executive branch agencies, departments and offices shall, as
appropriate in both state-owned and state-leased buildings, reduce operating
expenses through energy conservation practices, including but not limited to:
Energy Conservation from Lighting, Appliances, and Computer Equipment
(i.) Eliminating unnecessary lighting by turning off unused lights,
reducing lighting in common areas, eliminating non-essential outdoor
lighting taking into consideration safety and protection of individuals;
(ii.) Eliminating the use of portable appliances* unless approved by a
Cabinet Secretary or an agency's Sustainability Manager, as defined in
Section 11 of this Order;
(iii.) Following Green Computing Practices as outlined by the Department
of Technology and Information ("DTI"), including but not limited to:
1. Enabling the power management tools on all personal computers
in accordance with DTI guidelines;
2. Enabling, where possible, duplex printing (printing front and
back of all pages) as the default for network printers;
3. Acquiring printers and copiers capable of duplex printing when
appropriate; and
4. Formatting documents to reduce the number of printed pages
when possible.
(iv.) Evaluating additional activities that consume large amounts of energy
and implement conservation measures to reduce consumption.
Thermostat Controls
(i.) Operating heating systems with temperature settings not to exceed 68
— 70 degrees during normal working hours. Lobby, corridor and restroom
areas shall be kept at a temperature setting of 65 — 67 degrees during
working hours if possible. Building entrances and storage areas shall be
kept at a temperature setting of 60 — 62 degrees if possible. Temperature
settings shall also not exceed 55 degrees in those facilities that are
12096859.2
unoccupied during the non-business hours of 6:00 p.m. to 7:00 a.m.
workdays, as well as weekends and holidays.
(ii.) Operating air conditioning no more than is necessary to maintain a
temperature setting of 75 - 78 degrees during normal working hours.
Lobby, corridor and restroom areas shall be kept at a temperature setting
of 78 — 80 degrees during working hours if possible. In facilities that are
unoccupied during non-business hours, weekends and holidays, the air
conditioning temperature should be no less than is required to maintain the
integrity and operation of the system.
(iii.) Agencies can exempt specific facilities from these restrictions if such
temperatures threaten life, health, or safety; however conservation
measures shall be applied wherever systems permit. Additionally, any area
that houses equipment requiring precise climate controlled conditions in
order to operate efficiently shall also be exempt.
(b) All State executive branch agencies, departments and offices shall pursue
opportunities to reduce operating expenses further through energy efficiency or
other measures:
(i.) The Office of Management and Budget ("OMB"), in collaboration
with the Department of Natural Resources and Environmental Control
("DNREC"), is directed to establish a system and procedures to
benchmark, monitor and track the energy use and carbon emissions of all
State-owned and State-leased facilities, and to make such data and tools
available to agencies for their use in promoting energy conservation and
greenhouse gas emission monitoring and reporting. The benchmarking
system shall:
1. Require all State executive branch agencies, departments and
offices that own or operate facilities to enter energy and utility
usage and cost data into a tool or system provided by OMB and
DNREC;
2. Require historic energy usage and cost data for the last two
fiscal years to be compiled for all state-owned and state-leased
facilities. The information will be used to rank each facility's
energy usage and enable benchmarking against facilities of a
similar age, size, construction and function;
3. Target facilities with the highest energy use and identify no or
low-cost operational changes that can reduce consumption without
capital investment;
4. Be used to prioritize energy efficiency and distributed renewable
energy projects based on energy savings, cost savings and
environmental benefit;
5. Quantify, on a facility-by-facility basis, the estimated cost and
work necessary to reduce energy consumption by 10%, 20% and
30%; and
6. Evaluate the feasibility of installing on-site wind, photovoltaic,
co-generation or other cleaner energy systems that can be
12096859.2
implemented using a simple payback period not to exceed 20
years.
(ii.) OMB is further directed to work with DNREC, the Agency
Sustainability Managers designated pursuant to Section 11 below, and in
consultation with the Sustainable Energy Utility ("SEU"), in preparation
of a plan to audit State facilities for energy efficiency opportunities. Said
plan shall include a timetable for such audits and identify appropriate
funding for energy efficiency projects, including resources from the
American Recovery and Reinvestment Act, Regional Greenhouse Gas
Initiative auction proceeds, and tax-exempt financing and other programs
administered by the SEU. A preliminary plan is to be delivered to the
Cabinet Committee on Energy by May 31, 2010.
(iii.) Larger State facilities that utilize 50% or more of the aggregate
energy used in State buildings shall be benchmarked by December 31,
2010, with the remainder completed by December 31, 2011. All
reasonably available efficiency upgrades must be implemented before or
coincident with investment in renewable energy technologies.
Use of Clean, Renewable Energy
2. For buildings owned or operated by State executive branch agencies, the State shall target
at least 20% of its overall annual electric energy demand from clean, renewable sources
by the end of fiscal year 2012, and 30% of its overall annual electric energy demand from
clean, renewable sources by the end of fiscal year 2013.
(a) OMB, through statewide procurement of energy services, shall utilize
procurement strategies that maximize clean and renewable energy purchases and
minimize costs over the long term to achieve the targets within the limits of
appropriations. OMB is further directed to maximize stabilization of energy costs
through utilization of offshore wind energy as the resource is being developed.
(b) All State executive branch agencies, departments and offices, in cooperation
with OMB and DNREC, are further directed to maximize the use of local
distributed renewable energy generation or other clean energy solutions at State
facilities in helping to achieve the targets. OMB shall work with DNREC to
assess State facilities and appropriate public lands for potential distributed
generation sites and evaluate a wide-range of funding sources and mechanisms
that maximize the State's return on investment.
Environmentally Responsible and Energy Conscious Construction
3. The State shall integrate the U.S. Green Building Council's Leadership in Energy and
Environmental Design ("LEED") practices into all new construction, renovation and the
operation of state facilities, with a particular focus on integrating technologies and
design/material/construction elements that generate lower long-term operating expenses.
Throughout the project planning, building design, construction and operation phases of a
project, state agencies, departments and offices shall incorporate best practices to reduce
the environmental effects associated with capital improvements. State agencies,
departments and offices shall work with architects and engineers working on the design
12096859.2
and construction of capital projects to design projects to meet or exceed LEED Silver
standards. All projects will pursue that standard and third party certification unless it is
determined that such certification cannot be done at a reasonable cost. To meet this goal,
architects and engineers working on the design and construction of capital projects shall
consider incorporation of the following goals into each project:
(a) Maximize the incorporation of design elements and technologies to increase
energy efficiency, improve indoor air quality, and reduce potable water usage.
(b) Maximize the integration of renewable resources, as geothermal, solar, and
wind, into new construction.
(c) Manage stormwater on-site through green infrastructure best practices to
prevent flooding, reduce water pollution, and promote aquifer recharge.
(d) Reduce solid waste generation during construction and integrate recycled
content materials.
(e) Protect and enhance biodiversity, restore and preserve natural habitats,
wetlands and agricultural lands, and withstand and adapt to climate change
effects, including sea-level rise.
(f) Integrate best land use practices into project design by modeling smart growth
approaches to development, including supporting walkable and cyclable
communities, prioritizing infill development close to existing infrastructure,
ensuring access to public transit, and reducing urban heat island effects.
Recycling
4. All State executive branch agencies, departments and offices shall reduce, reuse, and
recycle materials to achieve a 50% rate of diverted waste from landfills by the end of
fiscal year 2011, and a 75% rate of diverted waste from landfills by the end of fiscal year
2012, for office, construction and demolition debris and other state activities or wastes.
Insofar as achievement of this standard is subject to current contractual obligations and
funding constraints, it should be integrated into all future contractual arrangements.
(a) The Agency Sustainability Managers designated pursuant to Section 11 below,
with the aid of other staff as appropriate, shall jointly determine the appropriate
base year and current diversion rates for achievement of these standards and shall
report that information to the Cabinet Committee on Energy on or before May 31,
2010.
Clean Transportation
5. All agencies shall improve air quality and reduce the operating expenses from State
vehicle use with the goal of reducing, from fiscal year 2008 levels, petroleum
consumption by 25%, vehicle emissions by 25%, and vehicle miles traveled by 15% by
the end of fiscal year 2012.
(a) To reduce energy consumption and air pollution, particularly ground-level
ozone, resulting from State fleet vehicle usage, it shall be a priority of the State
that, on and after March 1, 2010, new or replacement light duty cars and trucks
purchased by State executive branch agencies, departments and offices shall be
12096859.2
hybrid vehicles, alternative fuel vehicles, high fuel economy or low-emission
vehicles, except if such goal compromises public health, safety, or law
enforcement needs. OMB shall annually prepare a life cycle cost analysis for fleet
vehicle purchases, and that analysis shall take into consideration the external costs
of fossil-fueled vehicles.
(b) Develop procedures for diesel vehicles in the State fleet to use biodiesel of the
highest percentage content practical.
(c) State executive branch agencies, departments and offices shall implement
measures to reduce the number of vehicle miles traveled and emissions from
idling by State employees, to the extent feasible, in personal and fleet vehicles
resulting from job-related travel.
(d) State executive branch agencies shall also foster a work environment, to the
extent feasible, which enables a voluntary reduction in employee commuting
miles, including the promotion of car-pooling, van-pooling, telecommuting, and
public transportation incentives.
Environmentally Sensitive Procurement
6. OMB shall work with DNREC, DTI and the Department of Health and Social Services to
develop an environmentally sensitive procurement policy for State executive branch
agencies, departments and offices. The policy shall encourage such agencies, to the
extent permitted by relevant law, to give appropriate consideration to use of
environmentally preferable products and services, especially those that will improve the
health and productivity of State employees. These products shall include, but not be
limited to, goods that consist of fewer toxic substances, reduce the amount of toxic
substances disposed or consumed, improve indoor air quality, contain recycled content,
minimize waste, lessen the impact to public health, conserve energy, and/or conserve
water. Examples include Energy Star rated appliances and technology equipment capable
of utilizing recycled paper and duplex printing. OMB shall implement procurement
preference programs favoring the purchase of these products and services. The policy
shall be completed on or before August 30, 2010 and implemented as existing state
contracts expire.
Implementation
7. The Secretary of DNREC shall lead and direct the implementation of the Governor's
energy agenda. In this capacity, the Secretary will lead the efforts of the Cabinet
Committee on Energy as Chair, review, and implement as appropriate, the
recommendations of the Governor's Energy Advisory Council, and oversee the State's
involvement in the SEU. Further, all energy-related programs will be coordinated by
DNREC, including the Weatherization Assistance Program and the Low-Income Home
Energy Assistance Program, unless otherwise required by Delaware law.
8. The Cabinet Committee on Energy, established pursuant to 29 Del. C. § 8054, shall
review the progress towards achieving the six goals and standards in this Order, identify
and address any barriers to achievement of these goals and standards, and recommend
any new goals for future years as may be necessary and desirable.
12096859.2
9. OMB, in coordination with DNREC and the Agency Sustainability Managers designated
pursuant to Section 11 below, shall develop a program to educate State employees about
strategies and tactics to achieve the six goals. The program shall emphasize the benefits
to managing energy consumption in both the workplace and at home and shall be
provided to the Cabinet Committee on Energy.
10. Each Cabinet Secretary shall report on a quarterly basis on the progress his or her agency
has made towards the goals in this executive order.
11. Each Cabinet Secretary shall designate, by February 28, 2010, a sustainability manager
tasked with coordinating with DNREC and OMB on program implementation and
reporting. Agency Sustainability Managers shall coordinate their agency's activities in the
areas described in this Order.
12. The progress of each executive branch agency, department and office shall be measured
and top performers shall be considered for recognition by the Cabinet Committee on
Energy.
13. The Agency Sustainability Managers shall collectively develop implementation
guidelines for review by the Cabinet Committee on Energy, including recommendations
to maximize the financial savings associated with the measures in this order. Said
guidelines shall be developed by May 31, 2010.
14. Executive Order No. Eighty-Four, issued by Governor Michael N. Castle, is hereby
rescinded.
APPROVED this 17th day of February, 2010
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District of Columbia (back to top)
Division I. Government of District.
Title 6. Housing and Building Restrictions and Regulations. (Refs & Annos)
Chapter 14. Construction Codes.
§ 6-1412. Construction codes revisions for green building practices.
By June 1, 2013, and at least once every 3 years thereafter, the Mayor, in consultation with
the Green Building Advisory Council, shall submit to the Council, for approval, revisions to the
Construction Codes that shall incorporate as many significant green building practices as
practicable for the District of Columbia urban environment. The Mayor shall include as many
green building provisions as practicable from the current versions of codes and standards
published by the International Code Council. The Mayor may exclude provisions that are not
practicable for the District of Columbia urban environment but shall provide evidence of cost or
implementation impracticality for the excluded provisions; provided, that the Mayor is not
required to consider codes or standards issued by the International Code Council within one year
of the submittal date.
Every 6 months after March 8, 2007, the Mayor shall provide a written report on the progress
of the current round of Construction Codes revisions to the chairperson of the committee of the
Council that oversees the District agency charged with the building permit function. The report
accompanying the final Construction Codes revisions shall include a listing and description of
each green building practice considered and why each practice was, or was not included, in the
respective Construction Codes revision. By June 1, 2013, and after at least every 3 years by June
1 of the relevant year, the Mayor shall submit to the Council for approval Construction Codes
revisions that are consistent with the requirements of this section, and that incorporate green
building practices developed since the previous Construction Codes revisions.
Division I. Government of District.
Title 2. Government Administration. (Refs & Annos)
Chapter 12. Business and Economic Development.
Subchapter XIV. Economic Development Along the Anacostia Waterfront.
Part B. Anacostia Waterfront Environmental Standards.
§ 2-1226.32. Definitions.
(a) For the purposes of this part, the term:
(1) “Applicant” shall have the same meaning as set forth in § 6-1451.01(2).
(1A) “Complete stormwater management plan” means a plan, with required supporting
documentation, that demonstrates compliance with each applicable stormwater management
requirement, as determined by DDOE.
(1B) “Current edition” shall have the same meaning as provided in § 6-1451.01 (8A) .
(1C) “DDOE” means the District Department of the Environment.
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(1D) “District-financed” or “District instrumentality-financed” shall have the same meaning
as provided in § 6-1451.01(10A).
(1E) “First building permit” shall have the same meaning as provided in § 6-1451.01(14A).
(2) “Green Building Act” means chapter 14A of Title 6.
(3) “LEED” shall have the same meaning as provided in § 6-1451.01 (26).
(3A) “LEED standard for commercial and institutional buildings” shall have the same
meaning as provided in § 6-1451.01 (31A).
(4) “New construction” shall have the same meaning as set forth in § 6-1451.01(33).
(5) “Project” shall have the same meaning as set forth in § 6-1451.01(35).
(6) Repealed.
(7) “Substantial improvement” shall have the same meaning as set forth in § 6-1451.01(40).
Division I. Government of District.
Title 2. Government Administration. (Refs & Annos)
Chapter 12. Business and Economic Development.
Subchapter XIV. Economic Development Along the Anacostia Waterfront.
Part B. Anacostia Waterfront Environmental Standards.
§ 2-1226.34. Integrated environmental design standards.
All projects subject to this part shall comply with the following integrated environmental
design standards:
(1) The applicant for the project shall engage in pre-development and on-going consultation
with appropriate District officials to review the plans of the applicant to ensure compliance with
the standards imposed by this part.
(2) The applicant for the project shall retain a LEED-accredited professional or maintain an
experienced LEED-accredited member on-staff.
(3) The applicant for the project shall prepare and submit to the Mayor a sustainability plan
as a component of the concept design package, which shall identify the project approach and
elements used to satisfy the requirements of this part. The sustainability plan shall include an
analysis of energy use, green building, site planning and preservation, and stormwater
management.
(4) The applicant for the project shall submit to the Mayor any draft or final checklists and
other materials submitted to demonstrate LEED, Green Communities, and ENERGY STAR
compliance.
12096859.2
Division I. Government of District.
Title 2. Government Administration. (Refs & Annos)
Chapter 12. Business and Economic Development.
Subchapter XIV. Economic Development Along the Anacostia Waterfront.
Part B. Anacostia Waterfront Environmental Standards.
§ 2-1226.35. Green building standards.
(a) All projects subject to this section shall comply with the following green building standards:
(1) Non-residential new construction or substantial improvement projects shall:
(A) Fulfill or exceed the current edition of the LEED standard for commercial and
institutional buildings at the gold level;
(B) Fulfill or exceed the current edition of the LEED standard for commercial and
institutional buildings at the gold level for improvements to interiors of new or existing
non-residential buildings;
(C) Comply with the ENERGY STAR requirements of the Green Building Act and, in
addition:
(i) Achieve 85 points on the Environmental Protection Agency national energy
performance rating system; and
(ii) Be designed to be 30% more energy efficient than required by ASHRAE 90.1
2004, or a later standard adopted by the Mayor pursuant to § 2-1226.41; and
(D) Provide ENERGY STAR Benchmark and Target Finder scores and ENERGY STAR
statements to the DDOE and the Department of Consumer and Regulatory Affairs
“(DCRA”) within 60 days after the scores are generated; and
(2)(A) Residential new construction and substantial improvement projects shall:
(i) Fulfill or exceed the current edition of the LEED standard for commercial and
institutional buildings at the silver level; and
(ii) Achieve the ENERGY STAR label and be 30% more energy efficient than
required by ASHRAE 90.1 2004, or such later standard adopted by the Mayor
pursuant to § 2-1226.41; and
(B) Residential new construction and substantial improvement projects may, if the project
is a District-financed project that receives public financing for the purpose of assisting in
the new construction or substantial rehabilitation of affordable housing, apply the Green
Communities standards as an alternative to LEED for the affordable units within the
project; provided, that the project shall achieve the ENERGY STAR label and be 30%
more energy efficient than required by ASHRAE 90.1 2004, or a later standard adopted
by the Mayor pursuant to § 2-1226.41.
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(b) The Mayor shall encourage developers to seek to align the project design with the greenhouse
gas reduction goals in the “2030 Challenge” as adopted by the American Institute of Architects
and United States Conference of Mayors.
(c) The DDOE, in coordination with the DCRA and other appropriate agencies shall, to the
greatest extent practical, coordinate the implementation of the standards established by this
section with implementation of the Green Building Act.
Division I. Government of District.
Title 6. Housing and Building Restrictions and Regulations. (Refs & Annos)
Chapter 14A. Green Building Requirements.
§ 6-1451.01. Definitions.
For the purposes of this chapter, the term:
"Addition" has the same meaning as in § 6-1410(a)(1).
“Applicant" means any individual, firm, limited liability company, association,
partnership, government agency, public or private corporation, or other entity that submits
construction documents for a building construction permit or verification.
(2A)
“Bond” means a financial instrument posted by an applicant, the proceeds
of which shall be paid to the District in its entirety or in part, and
deposited in the Green Building Fund, if the project fails to meet the
standards required by §§ 6-1451.03 and 6-1451.06.
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy.
Repealed.
"Building systems monitoring method" means the specifications for a methodology of
collecting information and providing feedback about installed equipment that provide data for
the comparison, management, and optimization of actual, as compared to estimated, energy
performance.
12096859.2
(5A)
“Certificate of occupancy” means the first certificate of occupancy issued
for a usable, habitable space at grade or above grade.
(5B)
“Common space” means gross floor area within a project shared or
available for common use by various occupancies within a project that
includes both residential and nonresidential occupancies, including
lobbies, corridors, stairways, amenity areas, laundry rooms, boiler rooms,
furnace rooms, generator rooms, elevator hoistways, mechanical duct
shafts, elevator machine rooms, off-street loading facilities, and off-street
parking facilities at or above grade.
"Construction Codes" means the standards and requirements adopted pursuant to Chapter
14 of this title.
"Construction documents" has the same meaning as in § 6-1405.02(a)(1).
"Construction permit application" has the same meaning as in § 6- 1410(a)(4).
(8A)
“Current edition” means the most recent and currently operative edition of
a green building standard approved under § 6-1451.11(b).
“DCRA” means the Department of Consumer and Regulatory Affairs."Director" means
the Director of the Department of Consumer and Regulatory Affairs.
(9A)
“DDOE” means the District Department of the Environment.
“Director” means the Director of the Department of Consumer and Regulatory Affairs.
(10A) “District-financed” or “District instrumentality-financed” means:
(A) Financing of a project or contract where funds or resources to be used
for construction and development costs, excluding ongoing operational
costs, are received from the District, or funds or resources which, in
accordance with a federal grant or otherwise, the District administers,
including a contract, grant, loan, tax abatement or exemption, land
transfer, land disposition and development agreement, or tax increment
financing, or any combination thereof; provided, that federal funds may be
applied to the financing percentage only if permitted by federal law and
grant conditions; or
(B) Financing whose stated purpose is, in whole or in part, to provide for
the new construction or substantial rehabilitation of affordable housing.
"Educational facility" means any building that has the provision of education as its
primary use.
"ENERGY STAR Portfolio Manager" means the tool developed by EPA ENERGY STAR
that rates the performance of a qualifying building, relative to similar buildings nationwide,
accounting for the impacts of year-to-year weather variations, building size, location, and several
operating characteristics, using the Environmental Protection Agency's national energy
performance rating system.
"ENERGY STAR Target Finder" means the tool developed by EPA ENERGY STAR that
helps set performance goals and energy ratings for building projects during their design phase.
"Existing building" has the same meaning as in § 6-1410(a)(8).
(14A) “First building permit” means the first permit intended to cover the
primary scope of work for a project; provided, that this shall not include
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permit applications for raze, sheeting and shoring, foundation, or specialty,
miscellaneous, or supplemental permits.
"Full-building commissioning" means the process of verification that a building's energy
related systems are installed, calibrated, and perform according to project requirements, design
basis, and construction documents. The systems that require commissioning include mechanical
and passive heating, ventilation, air conditioning, and refrigeration systems, and associated
controls such as lighting, domestic hot water systems, and renewable energy systems.
"GBAC" means the Green Building Advisory Council established by § 6- 1451.09.
"Green building" means an integrated, whole-building approach to the planning, design,
construction, operation, and maintenance of buildings and their surrounding landscapes that help
mitigate the environmental, economic, and social impacts of buildings, so that they are energy
efficient, sustainable, safe, cost-effective, accessible, healthy, and productive.
"Green building checklist" means a scorecard developed by the USGBC for the purpose
of calculating a score on the appropriate LEED rating system.
Repealed.
"Green Building Fund" or "Fund" means the Green Building Fund established by § 61451.07.
"Green Communities" means the national green building program designed by Enterprise
Community Partners that provides criteria for the design, development, and operation of
affordable housing.
"Gross floor area" has the same definition as found in section 199.1 of Title 11 of the
District of Columbia Municipal Regulations (11 DCMR § 199.1).
"HVAC&R" means mechanical and passive heating, ventilation, air conditioning, and
refrigeration systems.
"ICC" means the International Code Council, a nonprofit organization.
"IECC" means the International Energy Conservation Code developed by the ICC.
" LEED" means the series of Leadership in Energy and Environmental Design green
building rating systems designed by the USGBC.
Repealed.
Repealed.
" LEED-H" means the LEED for New Homes (LEED-H) green building rating system
being designed by the USGBC.
Repealed.
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Repealed.
(31A) “LEED standard for commercial and institutional buildings” means the
green building rating system designed by the USGBC for Core & Shell,
New Construction, Schools, and Retail: New Construction & Major
Renovations.
“Maintenance accountability method” means a system for maintaining building
performance standards, including annual building performance reporting that publicly compares
actual energy consumption to benchmarks using the ENERGY STAR Portfolio Manager tool for
all building types for which it is available; the description of changes to operations and
maintenance arrangements and procedures for major energy-consuming equipment; the
maintenance of manuals, manufacturer's literature, model numbers, methods of operation, and
maintenance practices for installed building systems; the records of metering systems and
mechanisms for the monitoring and control of energy consumption; and the collection of
complete “as-built” drawing sets and information on best practices for building maintenance,
housekeeping, pest management, and mold prevention.
(32A) “Mixed-use space” means demised space in any residential project that
contains at least 50,000 contiguous square feet of gross floor area,
exclusive of common space, that is or would be occupied for a
nonresidential use.
"New construction" means the construction of any building whether as a stand-alone
building or an addition to an existing building. The term "new construction" includes new
buildings and additions or enlargements of existing buildings, exclusive of any alterations or
repairs to any existing portion of a building.
(33A) “Nonresidential” means any project in which at least 50% of the gross
floor area of the project, subject to allocation of area for common space,
has nonresidential purposes.
Repealed.
"Project" means the construction of single or multiple buildings that are part of one
development scheme, built at one time or in phases.
"Property disposition by lease" means a lease, inclusive of options, of real property, as
defined in § 10-801.01, for a period of greater than 20 years.
"Property disposition by sale" means a sale of real property, as defined in § 10-801.01, in
whole or in part, to the highest bidder for real property 10,000 square feet or more.
Repealed.
“Public school” means schools owned, operated, or maintained by the District of
Columbia Public Schools (“DCPS”), or a public charter school, and those schools' educational
facilities.
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(39A) “Residential” means any project in which more than 50% of the gross
floor area of the project, subject to allocation for common space, is used
for residential purposes.
“Substantial improvement” means any repair, alteration, addition, or improvement of a
building or structure, the cost of which equals or exceeds 50% of the market value of the
structure before the improvement or repair is started.
"Total project cost" means the total of:
Hard construction costs;
Site acquisition costs; provided, that a site was acquired within 2 years of first building
permit application; and
Soft costs; provided, that the soft costs shall not exceed 25% of the hard construction
costs.
"USGBC" means the United States Green Building Council.
"Verification" or "verified" means confirmation by an entity described in § 6-1451.04 that
the green building requirements of this chapter have been fulfilled.
Division I. Government of District.
Title 6. Housing and Building Restrictions and Regulations. (Refs & Annos)
Chapter 14A. Green Building Requirements.
§ 6-1451.02. Publicly-owned, leased, and financed buildings and projects.
(1) This subsection shall apply to all new construction and substantial improvement of:
Projects that are District-owned or District instrumentality-owned; and
Projects where at least 15% of the total cost is District-financed or District
instrumentality-financed.
A nonresidential project shall:
(i)
Within 2 years after the receipt of a certificate of
occupancy, be verified as
having fulfilled or exceeded the
current edition of the LEED standard for commercial and
institutional buildings, at the silver level; provided, that a public school shall be
verified as having fulfilled or exceeded the current edition of the LEED standard for
commercial and institutional buildings, at the certification level;
Notwithstanding sub-subparagraph (i) of this subparagraph, a public school shall be
verified as having fulfilled or exceeded the current edition of the LEED standard for commercial
and institutional buildings at the gold level or higher if sufficient funding for the construction or
renovation is provided.
12096859.2
If the project is new construction of 10,000 square feet or more of gross floor area, and is
a building type for which Energy Star® tools are available:
Be designed to achieve 75 points on the EPA national energy performance rating system,
as determined by the Energy Star® Target Finder Tool;
Be annually benchmarked using the Energy Star® Portfolio Manager benchmarking tool;
and
(I) Make benchmark and Energy Star® statements of energy performance available to
DDOE within 60 days of being generated.
(II) Upon receipt, DDOE shall make the benchmark and
Energy Star® statements available to the public via an
online database accessible through the DDOE website; and
Institute building systems monitoring and maintenance accountability methods upon
receipt of a certificate of occupancy.
If a residential project includes 10,000 square feet of gross floor area or more, the
residential project shall:
Fulfill or exceed the current edition of the Green Communities standard, or a
substantially similar standard; and
Submit to DCRA a copy of the standard's self-certification checklist and a verification of
meeting the standard's requirements for energy efficiency, as part of the application for a
certificate of occupancy.
The requirements of this subsection shall apply:
On or after October 1, 2007, for a District-owned or District instrumentality-owned
project that was initially funded in the Fiscal Year 2008 District budget or later;
On or after October 1, 2008, for a project on District-owned or District instrumentalityowned property, leased by a private entity as a result of a property disposition by lease, in Fiscal
Year 2009 or later; and
On or after October 1, 2008, for a privately-owned project if 15% or more of a project's
total project cost was financed by the District or a District instrumentality in Fiscal Year 2009 or
later.
The Mayor shall, as a condition of the financing of a District-financed or District
instrumentality-financed project governed by this subsection, include a penalty that will be
levied upon an applicant for failure to fulfill the requirements of this chapter. The penalties may
include:
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Prohibiting the applicant from receiving additional District or District instrumentality
financing for a period of up to 5 years;
Assessing a fine as set forth in § 6-1451.05(f); or
Imposing an alternative penalty commensurate with the seriousness of the applicant's
failure to fulfill requirements of this chapter, as determined by the Mayor.
An applicant for new construction or substantial improvement of a mixed-use space shall
fulfill or exceed the current edition of the LEED standard for commercial and institutional
buildings at the certified level for the mixed-use space of the project. Any requirements of § 61451.05 shall apply to the mixed-use space of the project. For the purposes of mixed-use space in
this paragraph, the term:
“LEED” also includes LEED for Commercial Interiors and LEED for Retail:
Commercial Interiors; and
“Certificate of occupancy” refers to the first certificate of occupancy issued for a usable,
habitable space at grade or above grade for the mixed-use space of the project.
(1) This subsection shall apply to all tenant improvements of District-owned or
instrumentality-owned buildings.
District
On or after October 1, 2008, all tenants of District-owned or District instrumentalityowned building space shall obtain verification that the improved building space fulfills or
exceeds the current edition of the LEED standard for commercial and institutional buildings,
LEED for Commercial Interiors, or LEED for Retail: Commercial Interiors, at the certification
level, if:
The tenant improves at least 30,000 square feet gross floor area or more;
The improvements involve a comprehensive construction or alteration of partitions,
electrical systems, HVAC & R, and finishes; and
The building space has a certificate of occupancy for a commercial use.
(1) This subsection shall apply to all District, and District instrumentality,
operated buildings.
owned
or
Beginning January 20, 2009, the District shall benchmark 10 buildings owned or operated
by the District using the Energy Star® Portfolio Manager benchmarking tool.
Beginning October 22, 2009, the District shall annually benchmark all District, and
District instrumentality, owned or operated buildings, using the Energy Star® Portfolio Manager
benchmarking tool, if the building:
Has at least 10,000 square feet of gross floor area; and
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Is a building type for which Energy Star® benchmarking tools are available.
Benchmark and Energy Star® statements of energy performance for each building shall
be made available to DDOE within 60 days of being generated. Upon receipt, DDOE shall make
the benchmark and Energy Star® statements available to the public via an online database
accessible through the DDOE website.
Division I. Government of District.
Title 6. Housing and Building Restrictions and Regulations. (Refs & Annos)
Chapter 14A. Green Building Requirements.
§ 6-1451.03. Privately-owned buildings.
This section shall apply to all privately-owned buildings and projects with at least 50,000
square feet of gross floor area.
(1) All new construction and substantial improvement of nonresidential
projects,
including projects involving real property acquired by a real
property disposition by sale
from the District or a District instrumentality
to a private entity, and projects if less than
15% the project's total project
cost was financed by the District or a District
instrumentality, shall:
Beginning January 1, 2009, as part of any building permit application, submit to DCRA a
green building checklist documenting the green building elements to be pursued in the respective
building's permit; and
Be verified by an entity described in § 6-1451.04 as having fulfilled or exceeded the
current edition of the LEED standard for commercial and institutional buildings at the
certification level within 2 years of the receipt of a certificate of occupancy; provided, that a
public school shall be verified as having fulfilled or exceeded the current edition of the LEED
standard for commercial and institutional buildings at the gold level or higher if sufficient
funding for the construction or renovation is provided.
This subsection shall apply as of:
January 1, 2010, for a project involving real property acquired by a real property
disposition by sale, from the District or a District instrumentality to a private entity, that has
submitted an application for the first building permit on or after January 1, 2010; and
January 1, 2012, for a project that has submitted an application for the first building
permit on or after January 1, 2012.
The area of common space in a project shall be allocated to either residential or
nonresidential square footage of a project based upon the percentage of gross floor area of the
project occupied by each of the residential and nonresidential occupancies calculated after
excluding the area of common space.
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An applicant for new construction or substantial improvement of a mixed-use space shall
fulfill or exceed the current edition of the LEED standard for commercial and institutional
buildings at the certified level for the nonresidential portion of the project. Any requirements set
forth in § 6-1451.05 shall apply to the mixed-use space of the project. For the purposes of mixeduse space in this paragraph, the term:
“LEED” also includes LEED for Commercial Interiors and LEED for Retail:
Commercial Interiors; and
“Certificate of occupancy” refers to the first certificate of occupancy issued for a usable,
habitable space at grade or above grade for the mixed-use space of the project.
(1) This subsection shall apply to all buildings and projects that are of a
for which Energy Star® tools are available.
(A)
The requirements for existing privately-owned buildings shall be
building type
as follows:.
The owner or a designee of the owner shall annually benchmark the building using the
Energy Star® Portfolio Manager benchmarking tool; and
(I) Benchmark and Energy Star® statements of energy performance for each building
shall be made available to DDOE by April 1 of the respective following year. In 2011 only, the
scores and statements shall be made available to DDOE no later than July 1.
(II) Upon receipt, DDOE shall make the benchmark and
Energy Star® statements available to the public via an
online database accessible through the DDOE website,
beginning with the 2nd annual benchmarking data for each
building.
This paragraph shall apply as of:
January 1, 2010, for a building with over 200,000 square feet of gross floor area;
January 1, 2011, for a building with over 150,000 square feet of gross floor area;
January 1, 2012, for a building with over 100,000 square feet of gross floor area; and
January 1, 2013, for a building with over 50,000 square feet of gross floor area, or more.
Benchmarking data required in this paragraph shall include water consumption data as
incorporated in the Portfolio Manager Benchmarking Tool.
A building owner or tenant who fails to timely, accurately, and completely submit the
benchmarking information required by this paragraph to DDOE or to the building owner shall be
assessed a penalty by DDOE of no more than $100 for each day during which the required
submission has not been made. Civil infraction fines, penalties, and fees may be imposed as
alternative sanctions for such failure, pursuant to Chapter 18 of Title 2. Adjudication of an
12096859.2
infraction shall be pursuant to Chapter 18 of Title 2.
An applicant for new construction or substantial improvement of a project who submits
the first building permit after January 1, 2012, shall, prior to construction, estimate the project's
energy performance using the Energy Star® Target Finder Tool.
Division I. Government of District.
Title 6. Housing and Building Restrictions and Regulations. (Refs & Annos)
Chapter 14A. Green Building Requirements.
§ 6-1451.04. Compliance review.
The Mayor shall verify compliance with the requirements of this chapter as specified in §§ 61451.02 and 6-1451.03 through:
An agency of the District government; or
Third-party entities which meet criteria to be established by the Mayor by rulemaking
within 180 days of March 8, 2007.
The Mayor shall review the qualifications of each third-party entity approved under
subsection (a)(2) of this section at least every 2 years to determine if the entity shall remain
eligible to conduct the verifications required in §§ 6-1451.02 and 6-1451.03.
Notwithstanding Chapter 5 of Title 2, for the purposes of establishing compliance with §§ 61451.02 and 6-1451.03, verification of a project shall be based upon the standards in effect one
year prior to the applicant's first of the following interactions with the District:
The approval of a land disposition agreement;
The submission of an application to the Board of Zoning Adjustment for a variance or
special exception relief;
The submission of an application to the Zoning Commission for a planned unit
development or other approval requiring Zoning Commission action;
The submission of an application to the Historic Preservation Review Board or the
Mayor's Agent for the Historic Preservation Review Board; or
Other substantial land-use interactions with the District as defined through rulemaking by
the Mayor.
Verification that a project has complied with the requirements of this chapter shall not relieve
an applicant of any obligations or liabilities otherwise existing under law and shall not relieve the
District of its obligation to review all construction documents in the manner otherwise prescribed
by law.
An applicant may apply for verification of a project by the Mayor at any time.
12096859.2
Verification decisions by the Mayor shall be considered official interpretations of the
requirements of this chapter and may be appealed by an applicant pursuant to subsection 112.1 of
Title 12 of the District of Columbia Municipal Regulations (12 DCMR § 112.1).
Division I. Government of District.
Title 6. Housing and Building Restrictions and Regulations. (Refs & Annos)
Chapter 14A. Green Building Requirements.
§ 6-1451.05. Financial Security.
Beginning January 1, 2012, an applicant governed by § 6-1451.03(a) shall provide a financial
security, which shall be due prior to receipt of a certificate of occupancy.
(1) The financial security requirement of subsection (a) of this section may be fulfilled by:
Evidence of cash deposited in an escrow account in a financial institution in the District
in the name of the licensee and the District;
An irrevocable letter of credit from a financial institution authorized to do business in the
District;
A bond secured by the applicant to ensure compliance with this section; or
A binding pledge that within 2 years of receipt of the certificate of occupancy the
applicant will fulfill or exceed the current edition of the LEED standard for commercial and
institutional buildings at the certified level.
(A)
A binding pledge pursuant to paragraph (1)(D) of this subsection shall
be
recorded as a covenant in the land records of the District between the applicant and the
District in a form that is satisfactory to the District's Attorney General or the Attorney General's
delegate.
The covenant shall bind the applicant and any successors in title to pay any fines levied
pursuant to this section.
If, within 2 years of receipt of the certificate of occupancy, the project provides evidence that
it has fulfilled or exceeded the current edition of the LEED standard for commercial and
institutional buildings at the certified level, a financial security previously provided by the
applicant in the form of cash, an irrevocable letter of credit, or a bond shall be returned to the
applicant.
If, within 2 years of receipt of the certificate of occupancy, the project does not provide
evidence that it has fulfilled or exceeded the current edition of the LEED standard for
commercial and institutional buildings at the certified level, the Mayor shall, as applicable,
either:
Draw down on a financial security provided in the form of cash, an irrevocable letter of
credit, or a bond, in whole, or in part; or
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Levy a fine against an applicant that provided a financial security in the form of a binding
pledge as set forth in subsection (f) of this subsection.
A financial security in the form of cash, an irrevocable letter of credit, or a bond shall be
calculated by square foot as set forth in subsection (f) of this section but shall be discounted by
20% of the amount of the fine described in subsection (f) of this section.
A fine issued pursuant to subsection (d)(2) of this section shall be calculated as follows:
In the amount of $7.50 per square foot of gross floor space if the project is less than
100,000 square feet of gross floor space.
In the amount of $10 per square foot, if the project is at least 100,000 square feet of gross
floor space.
Beginning 4 years after receipt of the certificate of occupancy, the applicant shall pay a
monthly fine of $0.02 per square foot to the District for failure to provide evidence that it has
fulfilled or exceeded either the current edition of the LEED standard for commercial and
institutional buildings at the certified level or the current edition of the LEED standard for
Existing Buildings: Operations & Maintenance at the certified level. The monthly fines shall
accumulate but shall be assessed annually.
The fine described in paragraphs (1) and (2) of this subsection shall not exceed $3
million; provided, that an annual fine issued pursuant to paragraph (3) of this subsection shall not
count toward the $3 million limit.
The Mayor, for good cause, may issue time extensions to a project; provided, that the Mayor
shall not grant more than 3, one-year extensions.
Fines issued under this section shall be civil penalties.
Substantial improvements shall be subject to the requirements of this section; provided, that
only square feet included in a substantial improvement project shall be calculated for the
purposes of a fine.
The financial security option provided in subsection (b)(1)(C) of this section shall become
effective upon the issuance of rules by the Mayor.
Any payment made to the District for failure to meet the standards required by §§ 6-1451.02
and 6-1451.03 shall be deposited in the Green Building Fund.
Division I. Government of District.
Title 6. Housing and Building Restrictions and Regulations. (Refs & Annos)
Chapter 14A. Green Building Requirements.
§ 6-1451.07. Green Building Fund.
There is established a fund designated as the Green Building Fund, which shall be separate
from the General Fund of the District of Columbia. All additional monies obtained pursuant to §§
12096859.2
6-1451.05 and 6-1451.08, and all interest earned on those funds, shall be deposited into the Fund
without regard to fiscal year limitation pursuant to an act of Congress, and used solely to pay the
costs of operating and maintaining the Fund and for the purposes stated in subsection (c) of this
section. All funds, interest, and other amounts deposited into the Fund shall not be transferred or
revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other
time, but shall continually be available for the uses and purposes set forth in this section, subject
to authorization by Congress in an appropriations act.
The Mayor shall administer the monies deposited in the Fund.
(1) The purpose of the Fund is to streamline administrative green building
processes,
improve sustainability performance outcomes, build capacity of development
and
administrative oversight professionals in green building
skills and knowledge, institutionalize
innovation, overcome barriers to
achieving high-performance buildings, and continuously
promote the sustainability of green building practices in the District.
The Fund shall be used as follows:
costs for at least 3 full-time employees at DCRA, or elsewhere as assigned by the Mayor,
whose primary job duties are devoted to technical assistance, plan review, and inspections and
monitoring of green buildings;
Additional staff and operating costs to provide training, technical assistance, plan review,
inspections and monitoring of green buildings, and green codes development;
Research and development of green building practices;
Education, training, outreach, and other market transformation initiatives; and
Seed support for demonstration projects, their evaluation, and when successful, their
institutionalization.
The Mayor may receive and administer grants for the purpose of carrying out the goals of
this chapter.
Division I. Government of District.
Title 6. Housing and Building Restrictions and Regulations. (Refs & Annos)
Chapter 14A. Green Building Requirements.
§ 6-1451.08. Green building fee.
A green building fee is established to fund the implementation of this chapter and the Green
Building Fund.
Upon March 8, 2007, the green building fee shall be established by increasing the building
permit fees in effect at the time in accordance with the following schedule of additional fees:
New construction--an additional $0.0020 per square foot.
12096859.2
Alterations and repairs exceeding $1,000 but not exceeding $1 million--an additional
0.13% of construction value; and
Alterations and repairs exceeding $1 million--an additional 0.065% of construction value.
Division I. Government of District.
Title 6. Housing and Building Restrictions and Regulations. (Refs & Annos)
Chapter 14A. Green Building Requirements.
§ 6-1451.09. Establishment of the Green Building Advisory Council.
DDOE shall provide the central coordination and technical assistance to District agencies and
instrumentalities in the implementation of the provisions of this chapter.
Within 90 days after March 8, 2007, the Mayor shall establish a Green Building Advisory
Council to monitor the District's compliance with the requirements of this chapter and to make
policy recommendations designed to continually improve and update the chapter.
(1) The GBAC shall consist of the following 13 members:
The Director of DDOE, or the Director's designee;
The Director of the Office of Planning, or the Director's designee;
The Director of the Department of General Services, or the Director's designee;
The Director of the Department of Consumer and Regulatory Affairs, or the Director's
designee;
The Director of the Department of Housing and Community Development, or the
Director's designee;
Six members appointed by the Mayor comprised in equal number of representatives from
the private and nonprofit sectors;
One member appointed by the chairperson of the committee of the Council that oversees
the building permit function in the District of Columbia; and
One member appointed by the chairperson of the Committee of the Council that oversees
DDOE..
Members of the GBAC who are not ex officio members shall have expertise in building
construction, development, engineering, natural resources conservation, energy conservation,
green building practices, environmental protection, environmental law, or other similar green
building expertise.
The Chairperson of the GBAC shall be the Director of DDOE.
12096859.2
All members of the GBAC shall either work in, or be residents of the District, and shall
serve without compensation.
The members shall serve a 2-year term.
A member appointed to fill a vacancy or after a term has begun, shall serve only for the
remainder of the term or until a successor is appointed.
The GBAC shall advise the Mayor on:
The development, adoption, and revisions of this chapter, including suggestions for
additional incentives to promote green building practices;
The evaluation of the effectiveness of the District's green building policies and their
impact on the District's environmental health, including the relation of the development of the
District's green building policies to the specific environmental challenges facing the District;
The green building practices to be included in the triennial revisions of the Construction
Codes; and
The promotion of green building education, including educating relevant District
employees, the building community, and the public regarding the benefits and techniques of
high-performance building standards.
The GBAC shall meet at least 6 times each year.
GBAC shall issue an annual report of its recommendations. The report shall include
recommended updates of green building standards, building systems monitoring and data
compiled from District-owned or District instrumentality-owned and operated buildings, and an
analysis of the building projects exempted by the Mayor under § 6-1451.10. The report shall be
distributed to all members of the Council and the Mayor and made available to the general public
within 30 days after its issuance.
The Mayor shall provide GBAC with the following to be included in the annual report
required by subsection (f) of this section:
An accounting of funds deposited into the Green Building Fund during the past fiscal
year, separated by category;
An accounting of funds spent from the Green Building Fund during the past fiscal year,
referencing that year's annual green plan's goals; and
A 2-year District Green Building Plan updated annually, with goals and associated
projections of expenditures for the upcoming fiscal year, produced in consultation with the
GBAC.
Division I. Government of District.
12096859.2
Title 6. Housing and Building Restrictions and Regulations. (Refs & Annos)
Chapter 14A. Green Building Requirements.
§ 6-1451.10. Exemptions and extensions.
(1)
The Mayor may, in unusual circumstances and only upon a showing of
good cause, grant an exemption from any of the requirements of this
chapter based on:
Substantial evidence of a practical infeasibility or hardship of meeting a required green
building standard;
A determination that the public interest would not be served by complying with such
requirements; or
Other compelling circumstances as determined by the Mayor by rulemaking.
The burden shall be on the applicant to show circumstances to establish hardship or
infeasibility under this section.
If the Mayor determines that the required verification requirement is not practicable for a
project, the Mayor shall determine if another green building standard is practicable before
exempting the project from all green building requirements.
The Mayor shall promulgate rules to establish requirements for the exemption process
within 180 days of March 8, 2007.
Notwithstanding any other provision of this chapter, construction encompassed by building
permits applied for within 6 months of March 8, 2007, shall be exempt from the verification
requirements of this chapter.
Notwithstanding any other provision of this chapter, construction encompassed by a contract
for a disposition agreement with the District or an instrumentality of the District for a property
disposition for which a request for proposals was released prior to March 8, 2007, shall be
exempt from the relevant current edition of the LEED standard for commercial and institutional
buildings verification requirements, unless the disposition agreement is executed more than 12
months after March 8, 2007.
Notwithstanding any other provision of this chapter, the Mayor, upon a finding of reasonable
grounds, may extend the period for green building verifications required in §§ 6-1451.02 and 61451.03, for 3 successive 4-month periods.
Division I. Government of District.
Title 6. Housing and Building Restrictions and Regulations. (Refs & Annos)
Chapter 14A. Green Building Requirements.
§ 6-1451.11. Rules.
12096859.2
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the
provisions of this chapter.
The Mayor may issue proposed rules to adopt another rating system, in whole or in part.
Proposed rules to adopt another rating system shall be submitted to the Council for a 45-day
period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If
the Council does not approve the proposed rules, in whole or in part, by resolution within this
45-day review period, the proposed rules shall be deemed disapproved.
Notwithstanding the requirements of § 2-552(c), where the Mayor chooses to adopt a LEED
or Green Communities standard as the District's standard under this chapter, DDOE may do so
by incorporating the LEED or Green Communities standard by reference in a Notice of Intent to
take rulemaking action. When incorporating the LEED or Green Communities standard by
reference, the notice shall include a specific indication of how and where a paper or electronic
copy of such document may be inspected or obtained. Any amendments, supplements, or future
editions to the LEED or Green Communities Standard shall be deemed to be included in the
District's standard; provided, that DDOE shall annually issue a Notice of Intent to adopt any
amendments, supplements, or future editions to the LEED or Green Communities, in whole, or
in part, or announce an intent to adopt a different standard.
Division I. Government of District.
Title 10. Parks, Public Buildings, Grounds, and Space. (Refs & Annos)
Subtitle IV. Specific Locales.
Chapter 16. Ballpark Development.
Subchapter I. Construction of Ballpark.
Part A. General.
§ 10-1601.05. Ballpark development and construction.
For the purposes of this section, the term:
"Ballpark" means a baseball-specific stadium owned by the District and constructed on
the ballpark site.
“Ballpark site” means the site bounded by N Street, S.E., Potomac Avenue, S.E., South
Capitol Street, S.E., and 1st Street, S.E., or such other site as determined in accordance with
subsection (b)(2) of this section if this primary site shall be unavailable to be acquired by the
Mayor.
“Baseball Stadium Agreement” means the Baseball Stadium Agreement dated as of
September 29, 2004 by and among the Government of the District of Columbia, the Sports and
Entertainment Commission, and Baseball Expos, L.P., a Delaware limited partnership.
"MLB Team" means the entity that owns the Major League Baseball franchise that will
play its home games in the ballpark.
(1) For purposes of this subsection, the term:
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"Ballpark" shall have the meaning specified in § 47-2002.05(a)(1)(A).
"Baseball Stadium Agreement" shall have the meaning specified in subsection (a)(3) of
this section.
The Mayor, subject to such conditions as the Mayor shall determine, shall:
Acquire and convey to the Anacostia Waterfront Corporation, for use by the Sports and
Entertainment Commission to satisfy its responsibilities under this subchapter, all necessary real
property, including rights-of-way or other easements, that shall be required to develop, construct,
and complete a ballpark within the site bounded by N Street, S.E., Potomac Avenue, S.E., South
Capitol Street, S.E., and 1st Street, S.E.; provided, that if this site shall be unavailable or
infeasible for the timely completion of a ballpark on or prior to March 1, 2008 relying only on
the funding authority provided in this subchapter, any designated alternative site in the District of
Columbia, including the site for Robert F. Kennedy Stadium, as defined in § 3-1402(4), that the
Mayor determines, subject to the approvals required in section 4.01 of the Baseball Stadium
Agreement, will be available and feasible for the timely completion of a ballpark relying only on
the funding authority provided in this subchapter; provided further, that if the designated
alternative site is not within the Anacostia Waterfront, as that term is defined in subchapter XII of
Chapter 12 of Title 2, the alternative site shall be conveyed directly to the Sports and
Entertainment Commission; and
Provide to the Sports and Entertainment Commission all funds from the Ballpark
Revenue Fund or from the issuance of bonds secured by the Ballpark Revenue Fund as shall be
required by the Sports and Entertainment Commission for the development, construction,
completion, and leasing of the ballpark on the ballpark site in accordance with this section.
The Mayor shall provide the Council with the following information associated with the
ballpark:
A copy of any term sheet, loan commitment, or any other material obligation executed by
the District or any District government agency or instrumentality to finance the District
government's costs associated with the development of the ballpark;
A copy of each material contract executed by the District or any District government
agency or instrumentality for goods or services associated with the development of the ballpark;
and
On or before July 1, 2005, and every 6 months thereafter, a semiannual report which
provides an accounting and itemization of all financial obligations and expenditures of the
District government and all revenues generated to the District government associated with the
development of the ballpark.
Sports and Entertainment Commission shall develop and construct a ballpark on the ballpark
site in accordance with the following requirements:
The ballpark shall be a first-class, open air baseball stadium to be constructed on the
ballpark site, having a natural grass playing field, a capacity of approximately 41,000 seats, and
12096859.2
market-appropriate concession, entertainment, and retail areas, fixtures, furnishings, equipment,
features, and amenities.
The ballpark shall be designed to comply with all public safety, accessibility, and urban
planning requirements generally applicable to buildings of such scale, purpose, and location in
the District of Columbia.
(A)
The Sports and Entertainment Commission shall enter into a
Construction Administration Agreement with the Mayor and the
MLB Team. The Construction Administration Agreement shall
require the Sports and Entertainment Commission, the Mayor, and
the MLB Team to form a Project Coordination Team to perform
the following functions:
Make non-binding recommendations to the Sports and Entertainment Commission and
the MLB Team with respect to the retention of various design, engineering, construction,
consulting, and construction management firms that will assist in the development and
construction of the ballpark;
Receive reports from such firms pertaining to schedule, budget and other aspects of the
development and construction of the ballpark; and
Make or provide the consents, authorizations, approvals, decisions, and other actions
expressly required of the Project Coordination Team, to the extent legally permitted, under the
Construction Administration Agreement.
The Construction Administration Agreement shall provide for periodic regular meetings
of the Project Coordination Team and for special meetings upon reasonable prior notice. The
Sports and Entertainment Commission and the Mayor together shall have one vote and the MLB
Team shall have one vote on the Project Coordination Team, and each will have the right to
appoint and replace its voting representative by written notice to the other party. The voting
representative who represents the Sports and Entertainment Commission and the Mayor shall be
chosen jointly by the Sports and Entertainment Commission and the Mayor. Each voting member
of the Project Coordination Team may act on behalf of the party or parties it represents, and in
connection with the development and construction of the ballpark, may sign documents,
authorize action, and otherwise bind the party or parties that it represents in connection with
matters properly before the Project Coordination Team. The Project Coordination Team shall
take action only by unanimous vote of its voting members.
The Sports and Entertainment Commission shall use a competitive procurement process
in accordance with its procurement regulations to select and engage the design, engineering,
construction, consulting, and construction management firms and shall require such firms to
comply with subchapter X of Chapter 2 of Title 2.
The ballpark shall be designed and constructed in a manner to promote the minimization
of:
12096859.2
The life cycle cost and environmental impact of the facility and dependence on
petroleum-based fuels by utilizing energy efficiency, water conservation, or solar or other
renewable energy technologies; and
Waste production, water pollution, and storm water runoff from the facility, taking into
account applicable criteria in effect, on April 8, 2005, of the Leadership in Energy and
Environmental Design Green Building Rating System for New Construction and Major
Renovation, LEED-NC version 2.1, as defined by the U.S. Green Building Council.
The Sports and Entertainment Commission shall comply with the expenditure limitations
set forth in §§ 10-1601.32 and 10-1601.33. The Sports and Entertainment Commission shall
submit a monthly report of expenditures to the Council no later than the 15th of each month.
The Sports and Entertainment Commission shall lease the ballpark, on behalf of the District,
to the MLB Team pursuant to a lease agreement that has an initial term of at least 30 consecutive
years, plus 5 2-year renewal options, and that is otherwise in accordance with the terms of the
Baseball Stadium Agreement.
(1)
The Sports and Entertainment Commission and the Anacostia Waterfront
Corporation shall promptly enter into a memorandum of understanding
which shall address these agencies' shared responsibilities for developing
the master urban site plan and exterior design guidelines for the ballpark
and parcels adjacent to the ballpark site within the Anacostia Waterfront.
(2)
Parts F and G of subchapter XII of Chapter 12 of Title 2, shall not apply to
the ballpark or the Robert F. Kennedy Stadium.
Except as provided in §§ 10-1601.32 and 10-1601.33, no funds in the General Fund of the
District of Columbia shall be spent on the hard and soft costs (as the terms are defined in part B
of this subchapter) for construction of the ballpark.
References in this section to the Sports and Entertainment Commission shall be deemed to
refer to the Washington Convention and Sports Authority, as successor to the Sports and
Entertainment Commission, unless the context clearly indicates otherwise.
12096859.2
Florida (back to top)
EXECUTIVE ORDER NUMBER 07-126
Establishing Climate Change Leadership by Example: Immediate Actions to Reduce
Greenhouse Gas Emissions from Florida State Government
WHEREAS, with nearly 1,350 miles of coastline and a majority of citizens living near that
coastline, Florida is more vulnerable to rising ocean levels and violent weather than any other
state; and
WHEREAS, global climate change is one of the most important issues facing the State of Florida
this century; and
WHEREAS, Florida has committed to becoming a leader in reducing emissions of greenhouse
gases which are changing Earth's climate; and
WHEREAS, immediate actions are available and required to reduce emissions of greenhouse
gases within Florida; and
WHEREAS, Florida's state government is the largest employer within the State of Florida with
114,756 authorized employees, more than $1 billion in annual commodity purchases, and 16.8
million square feet of office space statewide; and
WHEREAS, Florida's state government must lead by example in the fight against global climate
change by reducing emissions of greenhouse gases and demonstrating the economic value of
such reductions; and
WHEREAS, reductions in carbon emissions associated with state government operations will
result in returns to the taxpayers of Florida through reduced energy costs; and
WHEREAS, such savings can fund strategic investments elsewhere in Florida's economy that
further reduce emissions of greenhouse gases while boosting green industries in Florida.
NOW, THEREFORE, I, CHARLIE CRIST, as Governor of Florida, in obedience to my solemn
constitutional duty to take care that the laws be faithfully executed, and pursuant to the
Constitution and laws of the State of Florida, do hereby promulgate the following Executive
Order, to take immediate effect:
Section 1.
I hereby establish greenhouse gas emission reduction targets for state
agencies and departments under the direction of the Governor as follows: a 10 percent reduction
from current emission levels by 2012, a 25 percent reduction from current emission levels by
2017, and a 40 percent reduction from current emission levels by 2025.
Section 2.
The Executive Office of the Governor shall track and report the resulting
financial savings and emission reductions associated with this Executive Order with a Florida
Governmental Carbon Scorecard. All state agencies and departments under the direction of the
12096859.2
Governor are hereby directed to designate an individual responsible for coordinating
implementation.
Section 3.
I hereby direct the following actions to improve the climate performance
of state government facilities:
1.
Each state agency and department under the direction of the Governor is hereby
directed to conduct an immediate assessment of energy used by agency facilities
during FY 2006-2007 and to quantify the associated greenhouse gas emissions
using the GHG Protocol Corporate Standard templates as developed by the World
Business Council for Sustainable Development. The baseline assessment will be
posted on Florida's Governmental Carbon Scorecard no later than October 1, 2007
and updated quarterly;
2.
The Department of Management Services shall adopt the United States Green
Building Council's Leadership in Energy and Environmental Design for New
Construction (LEED-NC) standards for all new buildings. The Department is
directed to strive for Platinum Level certification, the highest possible
certification, for any new building constructed for or by the State of Florida;
3.
The Department of Management Services shall immediately implement the
United States Green Building Council's Leadership in Energy and Environmental
Design for Existing Buildings (LEED-EB) for all buildings currently owned and
operated by the Department on behalf of client agencies. The Department may
prioritize implementation of LEED-EB standards in order to gain the greatest
environmental benefit within the Department's existing budget for property
management;
4.
All state agencies and departments under the direction of the Governor are hereby
precluded from entering into new leasing agreements for office space that does
not meet Energy Star building standards, except when certified by the responsible
agency head that no other viable alternative exists.
5.
The Department of Management Services is hereby directed to develop energy
conservation measures and guidelines for new and existing office space where
state agencies occupy more than 20,000 square feet. These conservation measures
shall focus on programs that may reduce energy consumption and when
established, provide a net reduction in occupancy costs. The Department shall
develop and implement a model solar project for state-owned office buildings for
future expansion.
Section 4.
I hereby direct the following actions to improve the climate performance
of state government procurement practices:
1.
12096859.2
The Council for Efficient Government shall incorporate energy consumption and
greenhouse gas emissions as performance criteria for all business cases evaluated
by the Council in determining whether outsourcing projects are fiscally prudent
for the State of Florida;
2.
The Department of Management Services shall develop the "Florida Climate
Friendly Preferred Products List." In developing the recommended list, the
Department shall assess products currently available for purchase under State
Term Contracts to identify specific products and vendors that have clear energy
efficiency or other environmental benefit over competing products. The proposed
list shall be provided to the Governor's Office no later than October 1, 2007;
3.
Effective January 1, 2008 state agencies and departments under the direction of
the Governor may not contract for meeting and conference space with hotels or
conference facilities that have not received the DEP "Green Lodging" certification
for best practices in water, energy, and waste efficiency standards, except when
certified to the Governor by the responsible agency head that no other viable
alternative exists.
4.
The Department of Management Services, with assistance from the Department of
Environmental Protection, shall develop bid criteria for the 2009 State Term
Contract for Rental Vehicles that incorporate best possible energy efficiency and
environmental performance. The Department shall seek to negotiate with the
current vendor(s) to amend the contract(s) to incorporate these efficiencies.
Section 5.
I hereby direct the following actions to improve the climate performance
of state government fleets:
1.
Each state agency and department under the direction of the Governor shall
conduct an immediate assessment of transportation-related energy use and
greenhouse gas emissions associated with agency operations. The assessment
must include an analysis of the average fuel economy of each agency's
automobiles and light trucks, by vehicle class. The results of this baseline
assessment shall be posted on Florida's Governmental Carbon Scorecard, by
agency, no later than October 1, 2007 and updated quarterly.
2.
Each state agency and department under the direction of the Governor shall assure
that within 30 days from the date of this order, all vehicles are meeting minimum
maintenance schedules shown to reduce fuel consumption which includes
assuring appropriate tire pressures and tread; fuel filters and emission filters
replaced at recommended intervals; proper motor oil; and timely motor tune-ups.
The Department of Management Services shall measure and report compliance
with this directive through the Equipment Management Information System
database and reported to the Executive Office of the Governor on a semi-annual
basis thereafter.
3.
When procuring new vehicles, the Department of Management Services, through
all state agencies and departments under the direction of the Governor, is directed
12096859.2
to approve only those vehicles with the greatest fuel efficiency in a given class as
required for that vehicle to minimize emissions of greenhouse gases. The
Department shall consider any specific circumstances of law enforcement
agencies in processing vehicle purchases and leasing agreements.
4.
All state agencies and departments under the direction of the Governor shall use
ethanol and biodiesel fuels when locally available. The Department of
Management Services shall assess biofuel fueling potential by state government
vehicles within each metropolitan statistical area to demonstrate demand for
biofuels to industry. Agencies administering central fueling operations for stateowned vehicles are directed to procure biofuels for fleet needs to the greatest
extent practicable.
5.
The Department of Management Services, with assistance from the Department of
Environmental Protection, shall document the extent of all alternative motor
vehicle fueling facilities used by state government vehicles, including but not
limited to hydrogen, compressed natural gas, biofuels, and electrically-charged
batteries to determine the feasibility of opening current alternative fueling
facilities to private sector fleets and the general public or developing such
facilities in the future to increase public access to alternative vehicle fuels. The
alternative motor vehicle fueling facility inventory shall be transmitted to the
Governor's Office no later than October 1, 2007;
Section 6.
The Department of Agriculture and Consumer Services, the Department of
Financial Services, the Office of the Attorney General, all Governor and Cabinet agencies, the
Florida Senate, the Florida House of Representatives, the Florida State Court System, the State
University System, the Community College System, and other agencies of the state and[
commissions not under the jurisdiction of the Governor are encouraged to implement these and
other actions to reduce State Government's overall emissions of greenhouse gases.
Section 7.
All state agencies and departments under the direction of the Governor are
hereby directed, and all other state agencies are hereby requested, to assist those carrying out the
directions in this Executive Order.
IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great
Seal of the State of Florida to be affixed at Miami, this 13th day of July, 2007.
EXECUTIVE ORDER NUMBER 07-127
Establishing Immediate Actions to Reduce Greenhouse Gas Emissions within Florida
WHEREAS, with nearly 1,350 miles of coastline and a majority of citizens living near
that coastline, Florida is more vulnerable to rising ocean levels and violent weather than any
other state; and
WHEREAS, global climate change is one of the most important issues facing the State of
Florida this century; and
12096859.2
WHEREAS, Florida is the second fastest growing state in the union with respect to the
annual increase of new greenhouse gas emissions; and
WHEREAS, immediate actions are available and required to reduce emissions of
greenhouse gases within Florida; and
WHEREAS, efforts are underway at the national level to begin addressing greenhouse
gas emissions; and
WHEREAS, Florida has committed to becoming a leader in reducing emissions of
greenhouse gases which are causing changing Earth's climate; and
WHEREAS, Florida, together with international leaders and experts, is hosting the Serve
to Conserve Climate Change Summit on July 12 and 13, 2007 in Miami, Florida;
NOW, THEREFORE, I, CHARLIE CRIST, as Governor of Florida, in obedience to my
solemn constitutional duty to take care that the laws be faithfully executed, and pursuant to the
Constitution and laws of the State of Florida, do hereby promulgate the following Executive
Order, to take immediate effect:
Section 1.
I hereby establish greenhouse gas emission reduction targets for the State
of Florida as follows: by 2017, reduce greenhouse gas emissions to 2000 levels; by 2025, reduce
greenhouse gas emissions to 1990 levels; by 2050, reduce greenhouse gas emissions by 80% of
1990 levels.
Section 2.
I hereby direct the following actions by members of my Administration in
order to produce immediate reductions in greenhouse gas emissions within Florida;
1.
The Secretary of Environmental Protection shall immediately develop rules as
authorized under Chapter 403, Florida Statutes, to achieve the following:
•
Adoption of a maximum allowable emissions level of greenhouse gases for
electric utilities in the State of Florida. The standard will require at minimum,
three reduction milestones as follows: by 2017, emissions not greater than Year
2000 utility sector emissions; by 2025, emissions not greater than Year 1990
utility sector emissions; by 2050, emissions not greater than 20% of Year 1990
utility sector emissions (i.e., 80% reduction of 199 emissions by 2050);
•
Adoption of the California motor vehicle emission standards in Title 13 of the
California Code of Regulations, effective January 1, 2005, upon approval by the
U.S. Environmental Protection Agency of the pending waiver, which includes
emission standards for greenhouse gases, submitted by the California Air
Resources Board; and
•
Adoption of a statewide diesel engine idle reduction standard.
12096859.2
2.
The Secretary of Community Affairs shall immediately:
•
Convene the Florida Building Commission for the purpose of revising the Florida
Energy Code for Building Construction to increase the energy performance of
new construction in Florida by at least 15% from the 2007 Energy Code. The
Commission should consider incorporating standards for appliances and standard
lighting in the Florida Energy Code. Target implementation date for the revised
Florida Energy Code for Building Construction is January 1, 2009; Initiate
rulemaking of the Florida Energy Conservation Standards, Chapter 9B-44, Florida
Administrative Code, with an objective to increase the efficiency of applicable
consumer products authorized under s. 5 53.957, Florida Statutes, by 15% from
current standards for implementation by July 1, 2009.
Section 3.
I hereby request the Florida Public Service Commission to take the
following actions for the electric utility sector in order to open the market to clean, renewable
energy technologies, thus avoiding future greenhouse gas emissions:
•
Not later than September 1, 2007, initiate rulemaking to require that utilities
produce at least 20% of their electricity from renewable sources (Renewable
Portfolio Standard) with a strong focus on solar and wind energy;
•
Not later than September 1, 2007., initiate rulemaking to reduce the cost of
connecting solar and other renewable energy technologies to Florida's power grid
by adopting the Institute of Electrical and Electronics Engineers (IEEE) Standard
1547 for Interconnecting Distributed Resources with Electric Power Systems as
the uniform statewide interconnection standard for all utilities; and
•
Not later than September 1, 2007, initiate rulemaking to authorize a uniform,
statewide method to enable residential and commercial customers who generate
electricity from on-site renewable technologies of up to 1 megawatt in capacity to
offset their consumption over a billing period by allowing their electric meters to
turn backwards when they generate electricity (net metering).
Section 4.
All state agencies departments under the direction of the Governor are
hereby directed, and all other state agencies are hereby requested, to assist those carrying out the
directions in this Executive Order.
EXECUTIVE ORDER NUMBER 07-128
Establishing the Florida Governor's Action Team on Energy and Climate Change
WHEREAS, Florida has one of the nation's fastest growing populations with an average
of 980 new residents arriving per day and approximately 84.6 million visitors per year; and
WHEREAS, as the fourth most populous state, Florida ranks third nationally in total
energy consumption; and
12096859.2
WHEREAS, more than 70 percent of Florida's electricity is generated by fossil fuels
which contribute to the state's carbon emissions; and
WHEREAS, Florida is encouraging alternative energy generation to promote energy
diversity and reduce pollution; and
WHEREAS, with nearly 1,350 miles of coastline and a majority of citizens living near
that coastline, Florida is more vulnerable to rising ocean levels and violent weather than any
other state; and
WHEREAS, the potential impacts of climate change could significantly impact Florida's
businesses, public infrastructure and disturb the way of life enjoyed by millions of Floridians;
and
WHEREAS, global climate change is one of the most important issues facing Florida this
century; and
WHEREAS, the actions Florida takes to reduce greenhouse gas emissions, in concert
with actions taken elsewhere in the United States and the world, could significantly reduce the
potential for adverse impacts in Florida; and
WHEREAS, Florida, together with international leaders and experts, is hosting the Serve
to Conserve Climate Change Summit on July 12 and 13, 2007 in Miami, Florida;
NOW, THEREFORE, I, CHARLIE CRIST, as Governor of Florida, in obedience to my
solemn constitutional duty to take care that the laws be faithfully executed, and pursuant to the
Constitution and laws of the State of Florida, do hereby promulgate the following Executive
Order, to take immediate effect:
Section 1.
I hereby create the Florida Governor's Action Team on Energy and
Climate Change to develop a comprehensive Energy and Climate Change Action Plan that will
fully achieve or surpass Executive Order targets for statewide greenhouse gas reductions
specified in Executive Order 07-127. Action Team members shall be gubernatorial appointees
representing diverse expertise and stakeholder interests including, but not limited to, consumers,
environment, business, industry, energy, state and local government, and academia. The Action
Team shall hold its first meeting within 30 days of appointment.
Section 2.
I hereby order the preparation of the Florida Energy and Climate Change
Action Plan be guided by an evaluation of the possible consequences to Florida's environment,
economy, and society from global climate change. The Florida Energy and Climate Change
Action Plan shall include policy recommendations and necessary changes to existing law. The
Florida Energy and Climate Change Action Plan shall be completed in two phases.
Phase I:
12096859.2
By November 1, 2007, the Action Team shall issue recommendations
including any necessary legislative initiatives to address the following:
Phase II:
1.
Strategies and mechanisms for the consolidation and coordination
of energy policy in Florida;
2.
Additional greenhouse gas emission reduction strategies beyond
those directed in Executive Order 07-127 , as well as an overall
blueprint for development of actions;
3.
Policies to enhance energy efficiency and conservation, including
statewide targets;
4.
Market-based regulatory mechanisms, such as cap and trade
programs, for use in efficiently reducing greenhouse gas
emissions;
5.
Strategies to diversify Florida's electric generation fuels to reduce
greenhouse gas emissions and protect Florida's consumers from
fuel price volatility;
6.
Policies for emission reporting and registry that measure and
document emission reductions;
7.
Strategies for reducing the greenhouse gas emissions from motor
vehicles;
8.
Strategies for increasing the amount of renewable transportation
fuels and for reducing the carbon content of fuels, such as a low
carbon fuel standard;
9.
Policies to reduce greenhouse gas emissions from state and local
governments not addressed in Executive Order 07-126;
10.
Policies to reward early emission reductions in advance of
statewide or national greenhouse gas regulatory programs; and
11.
Other policies for efficiently reducing emissions in Florida in
conjunction with, or independent of regional, national, or
international agreements.
By October 1, 2008, the Action Team shall issue recommendations
including any necessary legislative initiatives to address the following:
1.
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Adaptation strategies to combat adverse impacts to society, public
health, the economy, and natural communities in Florida;
2.
Policies to reduce the increases in greenhouse gas emissions from
new growth;
3.
Carbon capture and storage technologies;
4.
Land use and management policies that improve the long-term
storage of carbon in Florida's biomass;
5.
Strategic investments and public-private partnerships in Florida to
spur economic development around climate-friendly industries and
economic activity that reduces emissions in Florida; and
6.
Strategies and mechanisms for the long-term coordination of
Florida's public policy in the areas of economic development,
university-based research and technology development, energy,
environmental protection, natural resource management, growth
management, transportation, and other areas as needed to assure a
future of prosperity for Floridians in reducing greenhouse gas
emissions.
Section 3.
The Secretary of the Department of Environmental Protection shall direct
the professional staffing and assistance required by the Action Team in completing the Florida
Energy and Climate Action Plan. The Department of Environmental Protection, the Department
of Community Affairs, and the Department of Transportation shall provide staff and consultants,
as required by the Secretary of the Department of Environmental Protection. The Public Service
Commission and the Fish and Wildlife Conservation Commission are requested to provide
assistance as required by the Secretary of the Department of Environmental Protection.
Section 4.
Action Team members shall not be compensated for their services or
reimbursed for travel or per diem expenses. Public officers and employees shall be reimbursed
by their respective agencies in accordance with chapter 112, Florida Statutes.
Section 5.
Public access to records generated by the Action Team and any technical
advisory committees deemed necessary in furtherance of this order shall be governed by the
Public Records Laws of Chapter 119, Florida Statutes. All meetings of the Action Team shall be
governed by the Open Meetings Laws of Chapter 286, Florida Statutes.
Section 6.
The Department of Environmental Protection shall provide administrative
support necessary to implement the provisions of this Executive Order. All state agencies under
the direction of the Governor are hereby directed, and all other state agencies are hereby
requested to assist those carrying out the directions in this Executive Order.
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Georgia (back to top)
§ 50-8-18. Energy Efficiency and Sustainable Construction Act of 2008
(a) This Code section shall be known and may be cited as the “Energy Efficiency and
Sustainable Construction Act of 2008.”
(b) The General Assembly finds that the welfare of this state is enhanced by the promotion of
effective energy and environmental standards for construction, rehabilitation, and maintenance of
state-funded facilities and that such standards in turn improve this state's capacity to design,
build, and operate high-performance buildings, contributing to economic growth, promoting job
development, and increasing energy conservation.
(c) For purposes of this Code section, “major facility project” means a state-funded:
(1) New construction building project of a building exceeding 10,000 square feet;
(2) A renovation project that is more than 50 percent of the replacement value, as
determined by the Department of Administrative Services Risk Management Division, of
the facility, a change in occupancy, or any roof replacement project exceeding 10,000
square feet; or
(3) A commercial interior tenant fit-out project exceeding 10,000 square feet of leasable
area where the state is intended to be the lessor of such property.
A major facility project shall not include a building, regardless of size, that does not have
conditioned space as defined by the American Society of Heating, Refrigerating, and AirConditioning Engineers (ASHRAE) and shall not include a state owned building that is on the
historical registry or any local, county, or municipal building.
(d) Consistent with the intent of this Code section, the department, in consultation with the
Georgia State Financing and Investment Commission, shall adopt policies and procedures as
recommended standards for all buildings owned or managed by this state that:
(1) Optimize the energy performance;
(2) Increase the demand for construction materials and furnishings produced in Georgia;
(3) Improve the environmental quality in this state by decreasing the discharge of pollutants
from such state buildings;
(4) Conserve energy and utilize local and renewable energy sources;
(5) Protect and restore this state's natural resources by avoiding the development of
inappropriate building sites;
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(6) Reduce the burden on municipal water supply and treatment by reducing potable water
consumption;
(7) Establish life cycle assessments as the appropriate and most efficient analysis to
determine a building project's environmental performance level; and
(8) Encourage obtaining Energy Star designation from the United States Environmental
Protection Agency to further demonstrate a building project's energy independence.
(e) All major facility projects may be designed, constructed, and commissioned or modeled to
exceed the standards set forth in ASHRAE 90.1.2004 by 30 percent where it is determined by the
department that such 30 percent efficiency is cost effective based on a life cycle cost analysis
with a payback at no more than ten years. Commissioning or modeling must be performed by a
professional engineer, design professional, or commissioning agent using software methodology
approved by the Internal Revenue Service, the Department of Energy, current ASHRAE
standards, or other similar methodology. For all major renovation projects, such requirements
shall apply to the specific building assemblies, envelope components, and equipment involved in
the project.
(f) All major facility projects shall be designed, constructed, and commissioned or modeled to
achieve a 15 percent reduction in water use when compared to water use based on plumbing
fixture selection in accordance with the Energy Policy Act of 1992.
(g) To achieve sustainable building standards, construction projects may utilize a nationally
recognized high performance energy modeling and environmental building rating system;
provided, however, that any such rating system that uses a material or product based credit
system that operates to the detriment of materials or products manufactured or produced in
Georgia shall not be utilized. The department shall designate rating systems that meet these
criteria and is authorized to establish its own alternative rating system. All major facility projects
shall include Georgia products such that not less than 10 percent of all building materials used in
a project are harvested, extracted, or manufactured in the State of Georgia where such products
are commercially available in a manner consistent with the purposes of this Code section.
(h) A professional engineer, design professional, or commissioning agent shall certify that the
building project's systems for heating, ventilating, air conditioning, energy conservation, and
water conservation are installed and working properly to ensure that each building project
performs according to the building's overall environmental design intent and operational
objectives.
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Hawaii (back to top)
§46-19.6 County building permits; incorporation of energy and environmental design
building standards in project design; priority processing.
Each county agency that issues building, construction, or development-related permits shall
establish a procedure for the priority processing of a permit application submitted by a private
entity for a construction project that incorporates energy and environmental design building
standards into its project design. The permit processing procedure shall give priority to private
sector permit applicants at no additional cost to the applicant. Any priority permit processing
procedure established by a county pursuant to this section shall not imply or provide that any
permit application filed under the priority processing procedure shall be automatically approved.
For the purposes of this section:
"Energy and environmental design building standards" means the leadership in
energy and environmental design silver or two green globes rating system or
another comparable state‑approved, nationally recognized, and consensus‑based
guideline, standard, or system.
"Private entity" means any permit applicant that is not the State, a county, the
federal government, or any political subdivision thereof.
§196-1 Findings and declaration of necessity.
The legislature finds that:
(1)
The global demand for petroleum and its derivatives has resulted in a significant
and fundamental market escalation in oil prices, has caused severe economic hardships
throughout the State, and threatens to impair the public health, safety, and welfare.
The State of Hawaii, with its near total dependence on imported fossil fuel, is particularly
vulnerable to dislocations in the global energy market. This situation can be changed, as there are
few places in the world so generously endowed with natural energy: geothermal, solar radiation,
ocean temperature differential, wind, biomass, waves, and currents, which are all potential nonpolluting power sources;
(2)
There is a real need for comprehensive strategic planning in the effort towards
achieving full use of Hawaii's energy resources and the most effective allocation of energy
resources throughout the State. Planning is necessary and desirable in order that the State may
recognize and declare the major problems and opportunities in the field of energy resources.
Both short-range and long-range planning will permit the articulation of:
(A)
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Broad policies, goals, and objectives;
(B)
Criteria for measuring and evaluating accomplishments of objectives;
(C)
Identification and implementation of programs that will carry out such
objectives; and
(D)
A determination of requirements necessary for the optimum development
of Hawaii's energy resources.
Such planning efforts will identify present conditions and major problems relating to
energy resources, their exploration, development, production, and distribution. It will show the
projected nature of the situation and rate of change, present conditions for the foreseeable future
based on a projection of current trends in the development of energy resources in Hawaii, and
include initiatives designed to fundamentally change how Hawaii consumes energy by
accelerating the production of renewable and alternative energy, increasing energy efficiency,
developing and adopting new technologies, and ensuring the State's energy security;
(3)
The State requires an in-depth understanding of the causes and effects of any
transitional issues and trends related to changes in the State's energy resources, systems, and
markets;
(4)
There are many agencies of the federal, state, and county governments in Hawaii,
as well as many private agencies and a broad set of non-governmental entities, engaged in, or
expressing an interest in, various aspects of the exploration, research, distribution, transportation,
storage, conservation, and production of all forms of energy resources in Hawaii. Some of these
agencies include the University of Hawaii; the department of land and natural resources; the
department of business, economic development, and tourism; the division of consumer
advocacy; the public utilities commission; the state civil defense agency; the federal energy
office; and various county agencies, as well as Hawaii's energy and energy-related companies;
and
(5)
There is an ongoing need in this State to coordinate the efforts of statewide
industry and government energy interests; maintain the technical capability and adequate
capacity to quantitatively and qualitatively evaluate, analyze, develop, and coordinate
implementation of private and public sector energy planning efforts; recommend market-based
policies to develop Hawaii's energy resources, systems, and markets; establish and coordinate
programs to preserve and protect the State's energy security, maintain a robust energy emergency
preparedness program, and effectuate the conservation of energy resources to provide for the
equitable distribution thereof; and to formulate plans for the development and use of alternative
energy sources. There is a need for coordination, capability, and capacity, so that there will be
maximum conservation and use of energy resources in the State.
§196-1.5 Priority permitting process for renewable energy projects.
All agencies shall provide priority handling and processing for all state permits required
for renewable energy projects.
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For purposes of this section, "agencies" means any executive department, independent
commission, board, bureau, office, or other establishment of the State, or any quasi-public
institution that is supported in whole or in part by state funds.
§196-2 Definitions.
As used in this chapter, unless the context requires otherwise:
“Commission” means the public utilities commission.
“Coordinator” means the energy resources coordinator.
“Distributor” means:
(1) Every person who refines, manufactures, produces, or compounds fuel in the
State and sells it at wholesale or retail, or who uses it directly in the manufacture
of products or for the generation of power;
(2) Every person who imports or causes to be imported into the State, or exports
or causes to be exported from the State, any fuel;
(3) Every person who acquires fuel through exchanges with another distributor;
and
(4) Every person who purchases fuel for resale at wholesale or retail rates from
any person described in paragraph (1), (2), or (3).
“Electricity” means all electrical energy produced by combustion of any fuel, or
generated or produced using wind, the sun, geothermal heat, ocean water, falling water,
currents, and waves, or any other source.
“Energy” means work or heat that is, or may be, produced from any fuel or source
whatsoever.
“Energy resources” means fuel, and also includes all electrical or thermal energy
produced by combustion of any fuel, or generated or produced using wind, the sun,
geothermal heat, ocean water, falling water, currents, waves, or any other source.
“Fuel” means fuels, whether liquid, solid, or gaseous, commercially usable for energy
needs, power generation, and fuels manufacture, that may be manufactured, grown,
produced, or imported into the State or that may be exported therefrom, including
petroleum and petroleum products and gases to include all fossil fuel-based gases, coal
tar, vegetable ferments, biomass, municipal solid waste, biofuels, hydrogen, agricultural
products used as fuels and as feedstock to produce fuels, and all fuel alcohols.
12096859.2
“Townhouse” means a series of individual houses, having architectural unity and a
common wall between each unit.
§196-3 Energy resources coordinator.
The director of business, economic development, and tourism shall serve as energy
resources coordinator.
§196-4 Powers and duties.
Subject to the approval of the governor, the coordinator shall:
Formulate plans, including objectives, criteria to measure accomplishment of
objectives, programs through which the objectives are to be attained, and financial
requirements for the optimum development of Hawaii's energy resources;
Conduct systematic analysis of existing and proposed energy resource programs,
evaluate the analysis conducted by government agencies and other organizations
and recommend programs that represent the most effective allocation of resources
for the development of energy resources;
Formulate and recommend specific proposals, as necessary, for conserving energy
resources, including the allocation and distribution thereof;
Assist public and private agencies in implementing energy conservation and
efficiency programs, the development of indigenous energy resources, and related
measures;
Coordinate the State's energy programs with those of the federal government,
other state governments, governments of nations with interest in common energy
resources, and the political subdivisions of the State;
Develop programs to encourage private and public exploration, research, and
development of indigenous energy resources that will benefit the State;
Conduct public education programs to inform the public of the energy resources
situation, as it may exist, from time to time and of the government actions taken;
Serve as consultant to the governor, public agencies, and private industry on
energy-related matters;
Contract for services when required for the implementation of this chapter;
Review proposed state actions that the coordinator finds to have significant effect
on the State's energy objectives and report to the governor their effect on the
12096859.2
energy program, and perform other services as may be required by the governor
and the legislature;
Prepare and submit an annual report and other reports as may be requested to the
governor and to the legislature on the implementation of this chapter and all
matters related to energy resources;
Formulate a systematic process, including the development of requirements, to
identify geographic areas that are rich with renewable energy resource potential
that can be developed in a cost-effective and environmentally benign manner and
designate these areas as renewable energy zones;
Develop and recommend incentives, plans, and programs to encourage the
development of renewable energy resource projects within the renewable energy
zones;
Assist public and private agencies in identifying utility transmission projects or
infrastructure required to accommodate and facilitate the development of
renewable energy resources;
Assist public and private agencies, in coordination with the department of budget
and finance, in accessing the use of special purpose revenue bonds to finance the
engineering, design, and construction of transmission projects and infrastructure
that are deemed critical to the development of renewable energy resources;
Develop the criteria or requirements for identifying and qualifying specific
transmission projects and infrastructure that are critical to the development of
renewable energy resources, including providing assistance in accessing the use
of special purpose revenue bonds to finance the projects or infrastructure;
Develop and maintain a comprehensive and systematic quantitative and
qualitative capacity to analyze the status of energy resources, systems, and
markets, both in-state and those to which Hawaii is directly tied, particularly in
relation to the State's economy, and to recommend, develop proposals for, and
assess the effectiveness of policy and regulatory decisions, and conduct energy
emergency planning; and
Adopt rules for the administration of this chapter pursuant to chapter 91.
§196-5 Gas appliances with pilot light prohibited; exemptions.
(a)
No new residential type gas appliance that is equipped with a pilot light shall be
sold or installed in the State after June 30, 1980. Gas appliances sold after June 30, 1980, shall
be equipped with an intermittent ignition system or other ignition devices in lieu of gas pilot
lights.
12096859.2
(b)
Beginning ninety days after May 30, 1978, the energy resources coordinator or its
successor entity shall notify, in writing, all retail sellers of gas appliances doing business in the
State of the provisions of this section.
(c)
The provisions of this section shall not apply to any hot water heaters with pilot
lights or to any gas appliance which can be conclusively demonstrated by the equipment
manufacturer, to the satisfaction of the energy resources coordinator or its successor entity, that
the gas pilot device in the appliance:
(1)
Has a substantial lower life cycle cost than an electric ignition or other
alternate ignition system;
(2)
Is more energy efficient than available alternatives; or
(3)
Is necessary to safeguard public health and safety.
(d)
The provisions of this section shall not apply to people living in areas that are
served with unreliable electric service or where it is not available.
(e)
12096859.2
As used in this section:
(1)
"Gas appliance" includes any new residential type heater, refrigerator,
stove, range, dishwasher, dryer, air conditioner, decorative fireplace, or
other similar devices;
(2)
"Intermittent ignition device" means an ignition device which is activated
only when the gas appliance is in operation; and
(3)
"Pilot light" means any gas operated device that remains continually
operated or lighted in order to ignite a gas appliance to normal operation.
§196-6 Energy efficient storage hot water heaters.
(a)
No new storage hot water heater which is not certified as meeting the energy
efficiency standards of the American Society of Heating, Refrigerating and Air Conditioning
Engineers, Inc., as set forth as the current ASHRAE 90 Standard, shall be sold or installed in the
State after June 1, 1985; provided, however, that nothing contained herein shall prevent sales
from being made in the State for use outside the State.
(b)
Any violation of subsection (a) shall be a misdemeanor; provided a fine of not
less than $50 nor more than $500 shall be imposed, and all fines shall be imposed consecutively.
Each storage hot water heater sold in violation of this section shall constitute a separate offense.
§196-6.5 Solar water heater system required for new single-family residential construction.
On or after January 1, 2010, no building permit shall be issued for a new single-family
dwelling that does not include a solar water heater system that meets the standards established
pursuant to section 269-44, unless the coordinator approves a variance. A variance application
shall only be accepted if submitted by an architect or mechanical engineer licensed under chapter
464, who attests that:
Installation is impracticable due to poor solar resource;
Installation is cost-prohibitive based upon a life cycle cost-benefit analysis that
incorporates the average residential utility bill and the cost of the new solar water heater system
with a life cycle that does not exceed fifteen years;
A renewable energy technology system, as defined in section 235-12.5, is substituted for
use as the primary energy source for heating water; or
A demand water heater device approved by Underwriters Laboratories, Inc., is installed;
provided that at least one other gas appliance is installed in the dwelling. For the purposes of this
paragraph, “demand water heater” means a gas-tankless instantaneous water heater that provides
hot water only as it is needed.
A request for a variance shall be submitted to the coordinator on an application prescribed by
the coordinator and shall include a description of the location of the property and justification for
the approval of a variance using the criteria established in subsection (a). A variance shall be
deemed approved if not denied within thirty working days after receipt of the variance
application. The coordinator shall publicize:
All applications for a variance within seven days after receipt of the variance application;
and
The disposition of all applications for a variance within seven days of the determination
of the variance application.
12096859.2
The director of business, economic development, and tourism may adopt rules pursuant to
chapter 91 to impose and collect fees to cover the costs of administering variances under this
section. The fees, if any, shall be deposited into the energy security special fund established
under section 201-12.8.
Nothing in this section shall preclude any county from establishing procedures and standards
required to implement this section.
Nothing in this section shall preclude participation in any utility demand-side management
program or public benefits fee program under part VII of chapter 269
§196-7 Placement of solar energy devices.
(a)
Notwithstanding any law to the contrary, no person shall be prevented by any
covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition,
codicil, contract, or similar binding agreement, however worded, from installing a
solar energy device on any single-family residential dwelling or townhouse that
the person owns. Any provision in any lease, instrument, or contract contrary to
the intent of this section shall be void and unenforceable.
(b)
Text of subsec. (b) effective until June 30, 2015.
Every private entity shall adopt rules by December 31, 2006, that provide for the
placement of solar energy devices, and revise those rules as necessary by July 1,
2011. The rules shall facilitate the placement of solar energy devices and shall not
impose conditions or restrictions that render the device more than twenty-five per
cent less efficient or increase the cost of installation, maintenance, and removal of
the device by more than fifteen per cent. No private entity shall assess or charge
any homeowner any fees or require an encumbrance on title for the placement of
any solar energy device.
(b)
Text of subsec. (b) effective June 30, 2015.
Every private entity shall adopt rules by December 31, 2006, that provide for the
placement of solar energy devices, and revise those rules as necessary by July 1,
2011. The rules shall facilitate the placement of solar energy devices and shall not
impose conditions or restrictions that render the device more than twenty-five per
cent less efficient or increase the cost of installation, maintenance, and removal of
the device by more than fifteen per cent. No private entity shall assess or charge
any homeowner any fees for the placement of any solar energy device.
(c)
Any person may place a solar energy device on any single-family residential
dwelling or townhouse unit owned by that person, provided that:
The device is in compliance with the rules and specifications adopted pursuant to
subsection (b);
12096859.2
The device is registered with the private entity of record within thirty days of installation;
and
(3)
(d)
If the device is placed on a common element or limited common element
as defined by a project's declaration, the homeowner shall first obtain the
consent of the private entity; provided further that such consent shall be
given if the homeowner agrees in writing to:
(A)
Comply with the private entity's design specification for the
installation of the device;
(B)
Engage a duly licensed contractor to install the device; and
(C)
Within fourteen days of approval of the solar device by the private
entity, provide a certificate of insurance naming the private entity
as an additional insured on the homeowner's insurance policy.
If a solar energy device is placed on a common element or limited common
element:
(1)
The owner and each successive owner of the single-family residential
dwelling or townhouse unit on which the device is placed shall be
responsible for any costs for damages to the device, the common elements,
limited common elements, and any adjacent units, arising or resulting
from the installation, maintenance, repair, removal, or replacement of the
device. The repair, maintenance, removal, and replacement responsibilities
shall be assumed by each successive owner until the solar energy device
has been removed from the common elements or limited common
elements. The owner and each successive owner shall at all times have and
maintain a policy of insurance covering the obligations of the owner under
this paragraph and shall name the private entity as an additional insured
under said policy; and
(2)
The owner and any successive owner of the single-family residential
dwelling or townhouse unit on which the device is placed shall be
responsible for removing the solar energy device if reasonably necessary
or convenient for the repair, maintenance, or replacement of the common
elements or limited common elements.
(e)
If a material or labor roof warranty exists at the time a solar energy device is
installed on a roof that is a common element or limited common element, the
homeowner shall obtain confirmation in writing from the company that issued the
warranty that the installation of the solar energy device will not void the roof
warranty. The homeowner shall provide the private entity with a copy of the
confirmation.
(f)
For the purposes of this section:
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“Private entity” means any association of homeowners, community association,
condominium association, cooperative, or any other non-governmental entity with
covenants, bylaws, and administrative provisions with which the homeowner's
compliance is required.
“Solar energy device” means any identifiable facility, equipment, apparatus, or
the like, including a photovoltaic cell application, that is applicable to a singlefamily residential dwelling or townhouse and makes use of solar energy for
heating, cooling, or reducing the use of other types of energy dependent upon
fossil fuel for generation; provided that “solar energy device” shall not include
skylights or windows.
§196-7.5 Placement of electric vehicle charging system.
Notwithstanding any law to the contrary, no person shall be prevented by any covenant,
declaration, bylaw, restriction, deed, lease, term, provision, condition, codicil, contract, or
similar agreement, however worded, from installing an electric vehicle charging system on or
near the parking stall of any multi-family residential dwelling or townhouse that the person
owns. Any provision in any lease, instrument, or contract contrary to the intent of this section
shall be void and unenforceable.
Every private entity may adopt rules that reasonably restrict the placement and use of
electric vehicle charging systems for the purpose of charging electrical vehicles in the parking
stalls of any multi-family residential dwelling or townhouse; provided that those restrictions shall
not prohibit the placement or use of electric vehicle charging systems altogether. No private
entity shall assess or charge any homeowner any fees for the placement of any electric vehicle
charging system; provided that the private entity may require reimbursement for the cost of
electricity used by such electric vehicle charging system.
Any person may place an electric vehicle charging system on or near the parking stall of
any multi-family residential dwelling or townhouse unit owned by that person; provided that:
The system is in compliance with any rules and specifications adopted
pursuant to subsection (b);
The system is registered with the private entity of record within thirty days of installation;
If the system is placed on a common element or limited common element as defined by a
project's declaration, the homeowner shall first obtain the consent of the private entity; provided
further that such consent shall be given if the homeowner agrees in writing to:
Comply with the private entity's design specification for the installation of the system;
Engage a duly licensed contractor to install the system; and
12096859.2
Within fourteen days of approval of the system by the private entity, provide a certificate
of insurance naming the private entity as an additional insured on the homeowner's insurance
policy.
If an electric vehicle charging system is placed on a common element or limited common
element:
The owner and each successive owner of the parking stall on which or
near where the system is placed shall be responsible for any costs for
damages to the system, common elements, limited common elements, and
any adjacent units, arising or resulting from the installation, maintenance,
repair, removal, or replacement of the system. The repair, maintenance,
removal, and replacement responsibilities shall be assumed by each
successive owner until the electric vehicle charging system has been
removed from the common elements or limited common elements. The
owner and each successive owner shall at all times have and maintain a
policy of insurance covering the obligations of the owner under this
paragraph and shall name the private entity as an additional insured under
the policy; and
The owner and any successive owner of the parking stall on which or near
where the system is placed shall be responsible for removing the electric
vehicle charging system if reasonably necessary or convenient for the
repair, maintenance, or replacement of the common elements or limited
common elements.
For the purpose of this section:
“Electric vehicle charging system” means a system that is designed in compliance with
Article 625 of the National Electrical Code and delivers electricity from a source outside
an electric vehicle into one or more electric vehicles. An electric vehicle charging system
may include several charge points simultaneously connecting several electric vehicles to
the system.
“Private entity” means any association of homeowners, community association,
condominium association, cooperative, or any other nongovernmental entity with
covenants, bylaws, and administrative provisions with which a homeowner's compliance
is required.
§196-8.5 Placement of clotheslines
(a) Notwithstanding any law to the contrary, no person shall be prevented by any covenant,
declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract,
or similar binding agreement, however worded, from installing a clothesline on any
single-family residential dwelling or townhouse that the person owns. Any provision in
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any lease, instrument, or contract contrary to the intent of this section shall be void and
unenforceable.
(b) Every private entity may adopt rules that reasonably restrict the placement and use of
clotheslines for the purpose of drying clothes on the premises of any single-family
residential dwelling or townhouse; provided that those restrictions do not prohibit the use
of clotheslines altogether. No private entity shall assess or charge any homeowner any
fees for the placement of any clothesline.
(c) For the purposes of this section:
“Clothesline” means a rope, cord, wire, or similar device on which laundry is hung to dry.
“Private entity” means any association of homeowners, community association,
condominium association, cooperative, or any other nongovernmental entity with
covenants, bylaws, and administrative provisions with which the homeowner's
compliance is required.
§196-9 Energy efficiency and environmental standards for state facilities, motor vehicles,
and transportation fuel.
Each agency is directed to implement, to the extent possible, the following goals during
planning and budget preparation and program implementation.
With regard to buildings and facilities, each agency shall:
Design and construct buildings meeting the Leadership in Energy and Environmental
Design silver or two green globes rating system or another comparable state‑approved,
nationally recognized, and consensus‑based guideline, standard, or system, except when the
guideline, standard, or system interferes or conflicts with the use of the building or facility as an
emergency shelter;
Incorporate energy‑efficiency measures to prevent heat gain in residential facilities up to
three stories in height to provide R-19 or equivalent on roofs, R-ll or equivalent in walls, and
high-performance windows to minimize heat gain and, if air conditioned, minimize cool air loss.
R-value is the constant time rate resistance to heat flow through a unit area of a body induced by
a unit temperature difference between the surfaces. R-values measure the thermal resistance of
building envelope components such as roof and walls. The higher the R-value, the greater the
resistance to heat flow. Where possible, buildings shall be oriented to maximize natural
ventilation and day-lighting without heat gain and to optimize solar for water heating. This
provision shall apply to new residential facilities built using any portion of state funds or located
on state lands;
Install solar water heating systems where it is cost-effective, based on a comparative
analysis to determine the cost-benefit of using a conventional water heating system or a solar
water heating system. The analysis shall be based on the projected life cycle costs to purchase
and operate the water heating system. If the life cycle analysis is positive, the facility shall
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incorporate solar water heating. If water heating entirely by solar is not cost-effective, the
analysis shall evaluate the life cycle, cost-benefit of solar water heating for preheating water. If a
multi-story building is centrally air conditioned, heat recovery shall be employed as the primary
water heating system. Single family residential clients of the department of Hawaiian home
lands and any agency or program that can take advantage of utility rebates shall be exempted
from the requirements of this paragraph so they may continue to qualify for utility rebates for
solar water heating;
Implement water and energy efficiency practices in operations to reduce waste and
increase conservation;
Incorporate principles of waste minimization and pollution prevention, such as reducing,
revising, and recycling as a standard operating practice in programs, including programs for
waste management in construction and demolition projects and office paper and packaging
recycling programs;
Use life cycle cost-benefit analysis to purchase energy efficient equipment such as
ENERGY STAR products and use utility rebates where available to reduce purchase and
installation costs; and
Procure environmentally preferable products, including recycled and recycled-content,
bio-based, and other resource-efficient products and materials.
With regard to motor vehicles and transportation fuel, each agency shall:
Comply with Title 10, Code of Federal Regulations, Part 490, Subpart C, "Mandatory
State Fleet Program", if applicable;
Comply with all applicable state laws regarding vehicle purchases;
Once federal and state vehicle purchase mandates have been satisfied, purchase the most
fuel-efficient vehicles that meet the needs of their programs; provided that life cycle cost-benefit
analysis of vehicle purchases shall include projected fuel costs;
Purchase alternative fuels and ethanol blended gasoline when available;
Evaluate a purchase preference for biodiesel blends, as applicable to agencies with diesel
fuel purchases;
Promote efficient operation of vehicles;
Use the most appropriate minimum octane fuel; provided that vehicles shall use 87octane fuel unless the owner's manual for the vehicle states otherwise or the engine experiences
knocking or pinging;
Beginning with fiscal year 2005-2006 as the baseline, collect and maintain, for the life of
each vehicle acquired, the following data:
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Vehicle acquisition cost;
United States Environmental Protection Agency rated fuel economy;
Vehicle fuel configuration, such as gasoline, diesel, flex-fuel gasoline/E85, and dedicated
propane;
Actual in-use vehicle mileage;
Actual in-use vehicle fuel consumption; and
Actual in-use annual average vehicle fuel economy; and
Beginning with fiscal year 2005-2006 as the baseline with respect to each agency that
operates a fleet of thirty or more vehicles, collect and maintain, in addition to the data in
paragraph (8), the following:
Information on the vehicles in the fleet, including vehicle year, make, model, gross
vehicle weight rating, and vehicle fuel configuration;
Fleet fuel usage, by fuel;
Fleet mileage; and
Overall annual average fleet fuel economy and average miles per gallon of gasoline and
diesel.
§196-10 Hawaii renewable hydrogen program.
There is established, within the department of business, economic development, and
tourism, a Hawaii renewable hydrogen program to manage the State's transition to a renewable
hydrogen economy. The program shall design, implement, and administer activities that include:
(1)
Strategic partnerships for the research, development, testing, and deployment of
renewable hydrogen technologies;
(2)
Engineering and economic evaluations of Hawaii's potential for renewable
hydrogen use and near-term project opportunities for the State's renewable energy
resources;
(3)
Electric grid reliability and security projects that will enable the integration of a
substantial increase of electricity from renewable energy resources on the island
of Hawaii;
(4)
Hydrogen demonstration projects, including infrastructure for the production,
storage, and refueling of hydrogen vehicles;
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(5)
A statewide hydrogen economy public education and outreach plan focusing on
the island of Hawaii, to be developed in coordination with Hawaii's public
education institutions;
(6)
Promotion of Hawaii's renewable hydrogen resources to potential partners and
investors;
(7)
A plan, for implementation during the years 2007 to 2010, to more fully deploy
hydrogen technologies and infrastructure capable of supporting the island of
Hawaii's energy needs, including:
(A)
Expanded installation of hydrogen production facilities;
(B)
Development of integrated energy systems, including hydrogen vehicles;
(C)
Construction of additional hydrogen refueling stations; and
(D)
Promotion of building design and construction that fully incorporates
clean energy assets, including reliance on hydrogen-fueled energy
generation;
(8)
A plan, for implementation during the years 2010 to 2020, to transition the island
of Hawaii to a hydrogen-fueled economy and to extend the application of the plan
throughout the State; and
(9)
Evaluation of policy recommendations to:
(A)
Encourage the adoption of hydrogen-fueled vehicles;
(B)
Continually fund the hydrogen investment capital special fund; and
(C)
Support investment in hydrogen infrastructure, including production,
storage, and dispensing facilities.
§196-10.5 Hawaii clean energy initiative program
(a)
There is established within the department of business, economic development,
and tourism, a Hawaii clean energy initiative program to manage the State's
transition to a clean energy economy. The clean energy program shall design,
implement, and administer activities that include:
Strategic partnerships for the research, development, testing,
deployment, and permitting of clean and renewable technologies;
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Engineering and economic evaluations of Hawaii's potential for
near-term project opportunities for the State's renewable energy
resources;
Electric grid reliability and security projects that will enable the
integration of a substantial increase of electricity from renewableenergy resources;
A statewide clean energy public education and outreach plan to be
developed in coordination with Hawaii's institutions of public
education;
Promotion of Hawaii's clean and renewable resources to potential
partners and investors;
A plan, to be implemented from 2011 to 2030, to transition the
State to a clean energy economy; and
A plan, to be implemented from 2011 to 2030, to assist each
county in transitioning to a clean energy economy.
(b)
(c)
Prior to the initiation of any activities authorized under subsection (a), the
department of business, economic development, and tourism shall develop a plan
of action with the intent of promoting effective prioritization and focusing of
efforts consistent with the State's energy programs and objectives.
The department of business, economic development, and tourism shall submit a
report to the legislature no later than twenty days prior to the convening of each
regular session on the status and progress of new and existing clean energy
initiatives. The report shall also include:
(1) The spending plan of the Hawaii clean energy initiative program;
(2) All expenditures of energy security special fund moneys; and
(3) The targeted markets of the expenditures, including reasons for selecting
those markets, the persons to be served, specific objectives of the
program, and program expenditures, including measurable outcomes.
§196-11 Definitions.
As used in this part:
"Acquisition" means acquiring by contract supplies or services, including construction,
by and for the use of the State through purchase or lease, whether the supplies or services
are already in existence or must be created, developed, demonstrated, or evaluated.
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Acquisition begins at the point when agency needs are established and includes the
description of requirements to satisfy agency needs, solicitation and selection of sources,
award of contracts, contract financing, contract performance, contract administration, and
those technical and management functions directly related to the process of fulfilling
agency needs by contract.
"Agency" means any executive department, independent commission, board, bureau,
office, or other establishment of the State, or any quasi-public institution that is supported
in whole or in part by state funds.
"Commissioning" means a quality-oriented process, which takes place during design and
construction, for achieving, verifying, and documenting that the performance of facilities,
systems, and assemblies meets defined objectives and criteria with regards to energy
conservation design strategies and the energy performance of buildings.
"Energy performance contract" shall have the same meaning as in section 36-41(d), and
shall additionally include commissioning and retro-commissioning.
"ENERGY STAR" means a labeling program introduced by the United States
Environmental Protection Agency in 1992 as a voluntary labeling program designed to
identify and promote energy-efficient products, in order to reduce carbon dioxide
emissions.
"Exempt facility" or "exempt mobile equipment" means a facility or mobile equipment
for which an agency utilizes criteria established by the energy resources coordinator to
determine that compliance with this part is not practical.
"Facility" means a building or buildings or similar structure owned or leased by, or
otherwise under the jurisdiction of, an agency.
"Life-cycle cost-effective" means the life-cycle costs of a product, project, or measure
that are estimated to be equal to or less than the base case, i.e., current or standard
practice or product.
"Life-cycle costs" means the sum of the present values of investment costs, capital costs,
installation costs, energy costs, operating costs, maintenance costs, and disposal costs,
over the lifetime of the project, product, or measure.
"Mobile equipment" means any state-owned vessel, aircraft, or off-road vehicle.
"Renewable energy" means energy produced by solar, energy conserved by passive solar
design/daylighting, ocean thermal, wind, wave, geothermal, waste-to-energy, or biomass
power.
"Renewable energy technology" means technology that uses renewable energy to provide
light, heat, cooling, or mechanical or electrical energy for use in facilities or other
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activities. The term includes the use of integrated whole-building designs that rely upon
renewable energy resources, including passive solar design/daylighting.
"Retro-commissioning" means a quality-oriented process, which takes place after systems
have been placed in operation, for achieving, verifying, and documenting that the
performance of facilities, systems, and assemblies perform as closely as possible to
defined performance criteria, with regards to energy conservation design strategies and
the energy performance of buildings.
"Source energy" means the energy that is used at a site and consumed in producing and
delivering energy to a site, including power generation, transmission, and distribution
losses, and that is used to perform a specific function, such as space conditioning,
lighting, or water heating.
"Utility" means a public utility as defined in section 269-1. Utility includes federally
owned nonprofit producers, county organizations, and investor or privately owned
producers regulated by the state or federal government, cooperatives owned by members
and providing services mostly to their members, and other nonprofit state and county
agencies serving in this capacity.
"Utility energy-efficiency service" means demand-side management services provided by
a utility to improve the efficiency of use of the commodity, such as electricity and gas
being distributed. Services may include energy efficiency and renewable energy project
auditing, financing, design, installation, operation, maintenance, and monitoring.
§196-19 Life-cycle cost analysis.
Agencies shall use life-cycle cost analysis in making decisions about their investments in
products, services, construction, and other projects to lower the State's costs and to reduce energy
and water consumption. Where appropriate, agencies shall consider the life-cycle costs of
combinations of projects, particularly to encourage bundling of energy efficiency projects with
renewable energy projects.
Agencies shall retire inefficient equipment on an accelerated basis where replacement
results in lower life-cycle costs. Agencies that minimize life-cycle costs with efficiency
measures shall be recognized in their scorecard evaluations established under section 196-17(a).
§196-20 REPEALED.
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§196-21 Financing mechanisms.
(a)
Agencies shall maximize their use of available alternative financing contracting
mechanisms, including energy-savings contracts, when life-cycle cost-effective,
to reduce energy use and cost in their facilities and operations. Energy-savings
contracts shall include:
(1)
Energy performance contracts;
(2)
Municipal lease and purchase financing; and
(3)
Utility energy‑efficiency service contracts.
Energy-savings contracts shall provide significant opportunities for making state
facilities more energy efficient at no net cost to taxpayers.
(b)
Agencies that perform energy efficiency and renewable energy system retrofitting
may continue to receive budget appropriations for energy expenditures at an
amount that will not fall below the pre-retrofitting energy budget but will rise in
proportion to any increase in the agency's overall budget for the duration of the
performance contract or project payment term. A portion of the moneys saved
through efficiency and renewable energy system retrofitting shall be set aside to
pay for any costs directly associated with administering energy efficiency and
renewable energy system retrofitting programs incurred by the agency.
(c)
Notwithstanding any law to the contrary relating to the award of public contracts,
any agency desiring to enter into an energy performance contract shall do so in
accordance with the following provisions:
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(1)
The agency shall issue a public request for proposals, advertised in the
same manner as provided in chapter 103D, concerning the provision of
energy‑efficiency services or the design, installation, operation, and
maintenance of energy equipment. The request for proposals shall contain
terms and conditions relating to submission of proposals, evaluation, and
selection of proposals, financial terms, legal responsibilities, and other
matters as may be required by law and as the agency determines
appropriate;
(2)
Upon receiving responses to the request for proposals, the agency shall
select the most qualified proposal or proposals and may base its
determination on the basis of the experience and qualifications of the
proposers, the technical approach, the financial arrangements, the overall
benefits to the agency, or other factors determined by the agency to be
relevant and appropriate;
(3)
The agency thereafter may negotiate and enter into an energy performance
contract with the person or company whose proposal is selected as the
most qualified based on the criteria established by the agency;
(4)
The term of any energy performance contract entered into pursuant to this
section shall not exceed twenty years;
(5)
Any energy performance contract may provide that the agency ultimately
shall receive title to the energy system being financed under the contract;
and
(6)
Any energy performance contract shall provide that total payments shall
not exceed total savings.
§196-22 State energy projects.
State energy projects may be implemented under this chapter with the approval of the
comptroller and the director of finance or their designees. In addition, this section shall be
construed to provide the greatest possible flexibility to agencies in structuring agreements so that
economic benefits and existing energy incentives may be used and maximized, and financing and
other costs to agencies may be minimized. The specific terms of energy performance contracting
under section 36-41 may be altered if deemed advantageous to the agency and approved by the
director of finance and the comptroller.
§196-23 Energy efficient products.
(a)
Agencies shall select, when life-cycle cost-effective, ENERGY STAR and other
energy efficient products when acquiring energy‑using products. For product
groups where ENERGY STAR labels are not yet available, agencies may select
products that are in the upper twenty-five per cent of energy efficiency as
designated by the United States Department of Energy, Office of Energy
Efficiency and Renewable Energy, federal energy management program.
(b)
Agencies shall incorporate energy‑efficient criteria consistent with designated
energy‑efficiency levels into product specification language developed for all
purchasing procedures.
(c)
The State shall consider the creation of financing agreements with private sector
suppliers to provide private funding to offset higher up-front costs of efficient
products.
(d)
Agencies entering into leases, including the renegotiation or extension of existing
leases, shall:
(1)
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Incorporate lease provisions that encourage energy and water efficiency
wherever life-cycle cost-effective. Build-to-suit lease solicitations shall
contain criteria encouraging sustainable design and development, energy
efficiency, and verification of facility performance;
(2)
Include a preference for facilities having an ENERGY STAR building
label in their selection criteria for acquiring leased facilities; and
(3)
Encourage lessors to apply for an ENERGY STAR building label and to
explore and implement projects that will reduce costs to the State,
including projects carried out through the lessors' energy-savings
contracts.
§196-30 Public buildings; benchmarks; retro-commissioning guidelines; energy savings
performance contracts.
By December 31, 2010, each state department with responsibilities for the design
and construction of public buildings and facilities shall benchmark every existing
public building that is either larger than five thousand square feet or uses more
than eight thousand kilowatt-hours of electricity or energy per year and shall use
the benchmark as a basis for determining the State's investment in improving the
efficiency of its own building stock. Benchmarking shall be conducted using the
ENERGY STAR portfolio management or equivalent tool. The energy resources
coordinator shall provide training to affected departments on the ENERGY STAR
portfolio management or equivalent tool.
Public buildings shall be retro-commissioned no less often than every five years.
The energy resources coordinator shall establish retro-commissioning guidelines
by January 1, 2010.
Departments may enter into energy savings performance contracts with a third
party to cover the capital costs of energy-efficiency measures and distributed
generation provided the terms of the energy savings performance contracts
conform to the benchmark standard. The comptroller may review and exempt
specific projects as appropriate to take into account cost-effectiveness.
(d)
Energy savings performance contracts shall be executed according to state
guidelines issued by the comptroller, and the contracts shall be reviewed by the
comptroller. To expedite energy savings performance contracting for public
buildings, the department of accounting and general services shall develop a
master energy savings performance contracts agreement that any department may
use to contract with an energy savings performance contracts provider for energyefficiency and renewable energy services.
For existing public buildings that undergo a major retrofit or renovation, the
department or departments responsible for design and construction shall make
investments in efficiency; provided that the cost of the measures shall be recouped
within twenty years.
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§196-41 State support for achieving renewable portfolio standards.
(a)
The department of land and natural resources and department of business,
economic development, and tourism shall facilitate the private sector's
development of renewable energy projects by supporting the private sector's
attainment of the renewable portfolio standards in section 269-92. Both
departments shall provide meaningful support in areas relevant to the mission and
functions of each department as provided in this section, as well as in other areas
the directors of each department may deem appropriate.
(b)
The department of land and natural resources shall:
(c)
(1)
Develop and publish a catalog by December 31, 2006, and every five
years thereafter, of potential sites for the development of renewable
energy; and
(2)
Work with electric utility companies and with other renewable energy
developers on all applicable planning and permitting processes to expedite
the development of renewable energy resources.
The department of business, economic development, and tourism shall:
(1)
Develop a program to maximize the use of renewable energy and costeffective conservation measures by state government agencies;
(2)
Work with federal agencies to develop as much research, development and
demonstration funding, and technical assistance as possible to support
Hawaii in its efforts to achieve its renewable portfolio standards; and
(3)
Biennially, beginning in January 2006, issue a progress report to the
governor and legislature.
§196-42 State support for achieving alternate fuels standards.
The State shall facilitate the development of alternate fuels and support the attainment of
a statewide alternate fuels standard of ten per cent of highway fuel demand to be provided by
alternate fuels by 2010, fifteen per cent by 2015, twenty per cent by 2020, and thirty per cent by
2030. For purposes of the alternate fuels standard, ethanol produced from cellulosic materials
shall be considered the equivalent of two and one-half gallons of noncellulosic ethanol.
“Alternate fuels” shall have the same meaning as contained in 10 Code of Federal Regulations
Part 490; provided that it shall also include liquid or gaseous fuels produced from renewable
feedstocks such as organic wastes, or from water using electricity from renewable energy
sources.
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§196-61 Definitions
As used in this part:
“Authority” means the Hawaii green infrastructure authority as established under section 196-63.
“Bond” means any bond, note, and other evidence of indebtedness that is issued by the State
pursuant to part X of chapter 269.
“Clean energy technology” means any technology as defined in section 269-121(b).
“Department” means the department of business, economic development, and tourism, or any
successor by law.
“Director” means the director of business, economic development, and tourism, or the director's
designee.
“Financing order” means the same as defined in section 269-161.
“Financing party” means the same as defined in section 269-161.
“Green infrastructure bond fund” means the special fund created pursuant to section 196-67.
“Green infrastructure charge” means the on-bill charges for the use and services of the loan
program, including the repayment of loans made under the loan program, as authorized by the
public utilities commission to be imposed on electric utility customers.
“Green infrastructure costs” means costs incurred or to be incurred by the electric utility
customers to pay for clean energy technology, demand response technology, and energy use
reduction and demand side management infrastructure including, without limitation, the purchase
or installation of green infrastructure equipment, programs, and services authorized by the loan
program.
“Green infrastructure equipment” means infrastructure improvements, equipment, and personal
property to be installed to deploy clean energy technology, demand response technology, and
energy use reduction and demand side management infrastructure.
“Green infrastructure fee” means the same as defined in section 269-161.
“Green infrastructure loan program order” means the same as defined in section 269-161.
“Green infrastructure property” means the same as defined in section 269-161.
“Green infrastructure special fund” means the special fund created pursuant to section 196-65.
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“Loan program” and “green infrastructure loans” means the program established by this part and
loans made to finance the purchase or installation of green infrastructure equipment for clean
energy technology, demand response technology, and energy use reduction and demand side
management infrastructure, programs, and services as authorized by the public utilities
commission using the proceeds of bonds or other proceeds.
§ 196-62 Hawaii green infrastructure loan program.
There is established a Hawaii green infrastructure loan program, which shall be a loan
program as defined under section 39-51. The program shall be administered by the authority on
behalf of the department in a manner consistent with chapter 39, part III. This loan program may
include loans made to private entities, whether corporations, partnerships, limited liability
companies, or other persons, which entities may lease or provide green infrastructure equipment
to electric utility customers, as well as direct loans to electric utility customers, on terms
approved by the authority.
§ 196-63 Hawaii green infrastructure authority.
There is established the Hawaii green infrastructure authority as an instrumentality of the
State comprising five members. The director, the director of finance, and the energy program
administrator of the department shall be members of the authority. The governor shall appoint
the other two members, pursuant to section 26-34. The director shall be the chairperson of the
authority. The authority shall be placed within the department for administrative purposes,
pursuant to section 26-35; provided that until the authority is duly constituted, the department
may exercise all powers reserved to the authority and shall perform all responsibilities of the
authority.
§ 196-64 Functions, powers, and duties of the authority.
(a) In the performance of, and with respect to the functions, powers, and duties vested in the
authority by this part, the authority, as directed by the director and in accordance with a
green infrastructure loan program order or orders under section 269-171 or an annual
plan submitted by the authority pursuant to this section, as approved by the public
utilities commission may:
(1) Make loans and expend funds to finance the purchase or installation of green
infrastructure equipment for clean energy technology, demand response
technology, and energy use reduction and demand side management
infrastructure, programs, and services;
(2) Hold and invest moneys in the green infrastructure special fund in investments as
permitted by law and in accordance with approved investment guidelines
established in one or more orders issued by the public utilities commission
pursuant to section 269-171;
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(3) Hire employees necessary to perform its duties, including an executive director.
The executive director shall be appointed by the authority, and the employees'
positions, including the executive director's position, shall be exempt from
chapter 76;
(4) Enter into contracts for the service of consultants for rendering professional and
technical assistance and advice, and any other contracts that are necessary and
proper for the implementation of the loan program;
(5) Enter into contracts for the administration of the loan program, without the
necessity of complying with chapter 103D;
(6) Establish loan program guidelines to be approved in one or more orders issued by
the public utilities commission pursuant to section 269-171 to carry out the
purposes of this part;
(7) Be audited at least annually by a firm of independent certified public accountants
selected by the authority, and provide the results of this audit to the department
and the public utilities commission; and
(8) Perform all functions necessary to effectuate the purposes of this part.
(b) The authority shall submit to the public utilities commission an annual plan for review
and approval no later than ninety days prior to the start of each fiscal year. The annual
plan submitted by the authority shall include the authority's projected operational budget
for the succeeding fiscal year.
§ 196-65 Hawaii green infrastructure special fund.
(a) There is established the Hawaii green infrastructure special fund into which shall be
deposited:
(1) The proceeds of bonds net of issuance costs and reserves or
overcollateralization amounts;
(2) Green infrastructure charges received for the use and services of the loan
program, including the repayment of loans made under the loan
program;
(3) All other funds received by the department or the authority and legally
available for the purposes of the green infrastructure special fund;
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(4) Interest earnings on all amounts in the green infrastructure special fund;
and
(5) Such other moneys as shall be permitted by an order of the public
utilities commission.
The Hawaii green infrastructure special fund shall not be subject to section 37-53. Any
amounts received from green infrastructure charges or any other net proceeds earned
from the allocation, use, expenditure, or other disposition of amounts approved by the
public utilities commission and deposited or held in the Hawaii green infrastructure
special fund in excess of amounts necessary for the purposes of subsection (b) shall be
credited to electric utility customers as provided in a green infrastructure loan program
order or orders. Funds that are transferred back to the electric utility in order to credit
electric utility customers under this subsection shall not be considered revenue of the
electric utility and shall not be subject to state or county taxes.
Moneys in the Hawaii green infrastructure special fund may be used, subject to the
approval of the public utilities commission, for the purposes of:
Making green infrastructure loans;
Paying administrative costs of the Hawaii green infrastructure loan program;
Paying any other costs related to the Hawaii green infrastructure loan program; or
Paying financing costs, as defined in section 269-161, to the extent permitted by the
public utilities commission in a financing order issued pursuant to section 269-163.
The authority may invest funds held in the Hawaii green infrastructure special fund in
investments as permitted by law, and in accordance with approved investment
guidelines established in one or more orders issued by the public utilities commission
pursuant to section 269-171. All amounts in the Hawaii green infrastructure special
fund shall be exempt from all taxes and surcharges imposed by the State or the
counties.
§ 196-66 Use of Hawaii green infrastructure special fund; application.
(a) The authority shall apply to the public utilities commission for one or more orders to
effectuate the Hawaii green infrastructure loan program, pursuant to section 269-170.
Nothing herein shall preclude the department from applying for a financing order,
pursuant to section 269-162, prior to the issuance of an order or orders to effectuate
the Hawaii green infrastructure loan program under section 269-171, nor from
requesting consolidation of the proceeding for a financing order with such a loan
program implementation order.
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(b) An application shall be submitted by the authority to the public utilities commission
in accordance with section 269-170.
(c) In accordance with an approved green infrastructure loan program order or orders, the
authority shall utilize the proceeds of bonds and other amounts deposited in the
Hawaii green infrastructure special fund pursuant to 196-65, or to the extent
permitted by a financing order, to pay financing costs, as defined in section 269-161.
(d) Within the order or orders issued by the public utilities commission under section
269-171, the authority shall obtain approval from the public utilities commission
requiring the electric utilities to serve as agents to bill and collect the green
infrastructure charge imposed to repay green infrastructure costs and transfer all
green infrastructure charges collected to the authority on behalf of the department.
Notwithstanding anything to the contrary, electric utilities shall not be obligated to
bill, collect, or remit green infrastructure charges from nonutility customers.
§ 196-67 Hawaii green infrastructure bond fund.
(a)
There is established the Hawaii green infrastructure bond fund as a special fund
into which all proceeds of the green infrastructure fee established pursuant to
section 269-166 and any other proceeds of green infrastructure property shall be
paid. The Hawaii green infrastructure bond fund may also receive other moneys
as the department may determine and as provided in a financing order, including,
without limitation, green infrastructure charges.
(b)
Moneys in the Hawaii green infrastructure bond fund shall be impressed with the
lien created by, and shall be used solely for purposes set forth in, section 269-164.
Upon payment or defeasance of all bonds and financing costs, moneys in the
fund, at the direction of the department, may be transferred into the Hawaii green
infrastructure special fund established pursuant to section 196-65 or other purpose
as the department shall specify.
(c)
The Hawaii green infrastructure bond fund shall be audited at least annually by a
firm of independent certified public accountants selected by the department, and
the results of this audit shall be provided to the department and the public utilities
commission.
(d)
Pursuant to section 39-68, the department shall appoint a trustee to receive, hold,
and disburse all amounts required to be held in the Hawaii green infrastructure
bond fund upon terms and conditions as set forth in a certificate, indenture, or
trust agreement.
The Hawaii green infrastructure bond fund shall not be subject to section 37-53.
§ 196-68 Compliance with revenue bond law.
12096859.2
For purposes of assuring conformity of and compliance with part III of chapter 39, it is
determined as follows:
For purposes of section 39-51, “revenues” shall include the green infrastructure
fee and the proceeds of green infrastructure property; “loan program” shall
include the loan program authorized under section 196-62; and “undertaking”
shall include financing of the loan program through the issuance of green
infrastructure revenue bonds;
In addition and supplemental to any covenants recognized under section 39-60,
any resolution, certificate, or indenture approved by the department may have
additional or alternative covenants as may be consistent with this chapter, and the
department may enter into a trust indenture, servicing agreement, or other
financing documents having terms and conditions consistent with the financing
order issued under section 269-163;
In addition and supplemental to the power to impose rates, rentals, fees, or
charges required under section 39-61, the department shall impose, adjust, and
collect the green infrastructure fee as provided in section 269-166 and the
financing order issued pursuant thereto; and
In addition and supplemental to the uses specified in section 39-62, the green
infrastructure fee shall be applied as provided in this chapter, the financing order,
the certificate issued by the department, and any financing documents executed by
the department in connection with the bonds.
§ 196-69 Reporting; annual report.
The authority shall submit a report to the legislature on the authority's activities in
administering the loan program no later than twenty days prior to the convening of each
regular session beginning with the regular session of 2015. The report shall include a
description and uses of the loan program; summary information and analytical data
concerning the implementation of the loan program; summary information and analytical
data concerning deployment of clean energy technology, demand response technology,
and energy use reduction and demand side management infrastructure, programs, and
services; and repayments made or credits provided to electric utility customers under this
part or chapter 269, part X.
§ 196-70 Severability.
If any provision of this part is held to be invalid or is superseded, replaced, repealed, or
expires for any reason:
(1)
12096859.2
That occurrence shall not affect any action allowed under this part that is taken
prior to that occurrence by the public utilities commission, an electric utility, the
department, the authority, a bondholder, or any financing party, and any such
action shall remain in full force and effect; and
(2)
12096859.2
The validity and enforceability of the rest of this part shall remain unaffected.
Idaho
(back to top)
§ 33-356. School building design and energy efficiency
(1) (a) School districts may seek to qualify for a reduction in building replacement value
calculation for qualified, newly constructed public school buildings pursuant to section 331019(4), Idaho Code.
(b) Each school district that seeks to qualify a newly constructed building for the building
replacement value calculation provided for in section 33-1019(4), Idaho Code, shall use
integrated design practices and fundamental commissioning in the design and construction of
such building.
(c) Following the first year of operations of a building that was certified in accordance with
the provisions of subsection (5)(a) of this section, the germane school district shall perform
or cause to be performed an annual optimization review of the qualifying building. Such
annual optimization review shall be performed in a manner that is consistent with rules
promulgated pursuant to this section. Such school district shall thereafter perform or cause to
be performed an annual optimization review each year it seeks to qualify such building for
the building replacement value calculation provided in section 33-1019(4), Idaho Code.
(2) For purposes of this section, the following terms shall have the following meanings:
(a) “Fundamental commissioning” means the use of a third party to review building design,
building system specifications and to specify and monitor preoccupancy system testing to
ensure functional integration of specified systems and functional operation of systems at the
completion of a project.
(b) “Integrated design” means a process to develop consensus among the project team and
owner as to the energy savings and building performance goals of the project and to identify
design strategies to achieve those goals, including documentation strategies for design
decisions to ensure accurate implementation of design through construction.
(3) It shall be the duty and responsibility of the administrator of the division of building safety to
provide assistance to school districts to ensure school districts can access the technical and
educational support needed to implement the processes of integrated design and fundamental
commissioning. It shall further be the duty and responsibility of the administrator of the division
of building safety to compile and cause to be made available to school districts a list of all third
party building commissioning agents in Idaho and contiguous states. The administrator shall
ensure that all commissioning agents that appear on such list are certified by the building
commissioning association or other similar certifying entity. The administrator shall ensure that
such list is updated annually
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(4) The administrator of the division of building safety is hereby authorized and directed to
promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, that
provide the guidance, education and technical information necessary for school districts to
implement the processes of integrated design and fundamental commissioning. The administrator
is authorized to expand upon the terms defined in subsection (2) of this section, and to provide
additional definitions as needed. In addition, the administrator shall promulgate rules governing
annual optimization review and evaluation of germane building systems to ensure optimal
performance of such systems and maximum energy savings and building performance. Such
rules shall include, but not be limited to, a definition for the minimum scope of work required for
annual optimization.
(5)
(a) The administrator of the division of building safety shall certify to the state
department of education when a building has qualified for school building replacement
value calculation exclusions as provided for in section 33-1019(4), Idaho Code. As part
of such certification, the administrator shall state specifically the school building(s) and
the square footage thereof that shall be excluded from the school building replacement
value calculations.
(b) Following the first year of operations of a building that was certified in accordance
with the provisions of subsection (5)(a) of this section, the administrator of the division
of building safety shall certify to the state department of education when such building
has undergone an annual optimization review as provided in subsection (1)(c) of this
section. Such certification shall ensure that the qualifying building meets or exceeds the
requirements of annual optimization review rules promulgated pursuant to subsection (4)
of this section.
12096859.2
Illinois (back to top)
20 ILCS 3105/ Capital Development Board Act.
20 ILCS 3105/10
The Board has the duties and responsibilities enumerated in Sections 10.01 through 10.20.
20 ILCS 3105/10.04 Construction and repair of buildings; green building.
To construct and repair, or contract for and supervise the construction and repair of, buildings
under the control of or for the use of any State agency, as authorized by the General Assembly.
To the maximum extent feasible, any construction or repair work shall utilize the best available
technologies for minimizing building energy costs as determined through consultation with the
Department of Commerce and Economic Opportunity.
3130/15. Green Buildings Standards
(a) All new State-funded building construction and major renovations of existing State-owned
facilities are required to seek LEED, Green Globes, or equivalent certification.
(b) All construction and major renovation projects, regardless of size, must achieve the highest
level of certification practical within the project budget.
(1) New buildings and major renovations of less than 10,000 square feet must meet the
highest standard of the Leadership in Energy and Environmental Design's rating system
for new commercial construction and major renovation projects, as established by the
United States Green Building Council, or an equivalent standard, including, but not
limited to, the Green Building Initiative's Green Globes USA design program. USGBC
LEED, GBI Green Globes, or the equivalent certification is not required.
(2) New buildings and major renovations of 10,000 square feet or more must achieve the
silver building rating of the Leadership in Energy and Environmental Design's rating
system for new commercial construction and major renovation projects, as established by
the United States Green Building Council, or an equivalent standard, including, but not
limited to, a two-globe rating in the Green Globes USA design program. USGBC LEED,
GBI Green Globes, or the equivalent certification is required.
(c) Exemptions to these standards are buildings that are not “comfort” conditioned as determined
by the Board. However, the project design team must document and incorporate all appropriate
sustainable building methods, strategies, and technologies in the final design.
(d) State agencies and the project design team may apply to the Board for a waiver from these
standards.
12096859.2
(e) Waivers shall be granted by the Board or an appropriate agency when the applicant can
demonstrate and document:
(1) An unreasonable financial burden, taking into account the operating and construction costs
over the life of the building and the total cost of ownership of the building.
(2) An unreasonable impediment to construction.
(3) The standards would impair the principal function of the building.
(4) The standards would compromise the historic nature of the structure.
Documentation on the submittal must include at a minimum:
(1) Life cycle cost analysis.
(2) Energy modeling.
The design team must provide the documentation for the new project to confirm that LEED,
Green Globes, or the equivalent construction standards have been followed.
(f) In addition to any required LEED, Green Globes, or the equivalent criteria, the Board shall
require that all projects referenced in subsection (a) implement at least one LEED alternative
transportation criterion for public transportation or bicycle access.
(g) The green building standards contained in this Act shall be analyzed and evaluated by the
Board 5 years after the effective date of this Act or upon the completion of 10 Board green
projects, whichever comes first.
20 ILCS 605/605‑981 Green cities grant program.
Subject to appropriation, the Department may establish and administer a program to make grants
to municipalities whose buildings conform with nationally recognized and accepted green
building guidelines, standards, or systems. Grants may be used for new construction, existing
buildings, commercial interiors, core and shell development, homes, schools, or neighborhood
development. The grant program shall be permissive and subject to appropriation by the General
Assembly.
Municipalities receiving grant moneys under this Section are encouraged to use local small
businesses within the municipality whenever possible.
30 ILCS 737/ Green Neighborhood Grant Act.
30 ILCS 737/1 Short title.
This Act may be cited as the Green Neighborhood Grant Act.
12096859.2
30 ILCS 737/5 Eligibility.
A private development is eligible for a Green Neighborhood Award Grant if the private
development:
(1)
achieves certification under nationally recognized and accepted Leadership in
Energy and Environmental Design for Neighborhood Development
("LEED‑ND") green building and sensible growth guidelines, standards, or
systems; and
(2)
is selected under Section 10 by the Department of Commerce and Economic
Opportunity.
30 ILCS 737/10 Grant proposals.
By December 31, 2008, and each December 31 thereafter, the Department of Commerce and
Economic Opportunity may, subject to appropriation, issue a request for proposals from model
private developments that have been designated by the U.S. Green Building Council, the
Congress for the New Urbanism, and the National Resources Defense Council as achieving
LEED‑ND certification. Subject to appropriation, the Department may offer no more than 3
Green Neighborhood Award Grants for the reimbursement of up to 1.5% of the total
development cost of the selected projects. No more than one of the 3 eligible Green
Neighborhood Award Grants may be set aside for an applicant from a municipality with a
residential population greater than 1,000,000.
30 ILCS 737/15 Implementing rules.
The Department of Commerce and Economic Opportunity shall have the authority to adopt rules
to implement this Act.
30 ILCS 737/99 Effective date.
This Act takes effect upon becoming law.
105 ILCS 230/ School Construction Law.
105 ILCS 230/5‑40 Supervision of school construction projects; green projects.
The Capital Development Board shall exercise general supervision over school construction
projects financed pursuant to this Article. School districts, however, must be allowed to choose
the architect and engineer for their school construction projects, and no project may be
disapproved by the State Board of Education or the Capital Development Board solely due to a
school district's selection of an architect or engineer.
12096859.2
With respect to those school construction projects for which a school district first applies for a
grant on or after July 1, 2007, the school construction project must receive certification from the
United States Green Building Council's Leadership in Energy and Environmental Design Green
Building Rating System or the Green Building Initiative's Green Globes Green Building Rating
System or must meet green building standards of the Capital Development Board and its Green
Building Advisory Committee. With respect to those school construction projects for which a
school district applies for a grant on or after July 1, 2009, the school construction project must
receive silver certification from the United States Green Building Council's Leadership in
Energy and Environmental Design Green Building Rating System unless all of the following are
met:
the application submitted can be categorized as a capital need prioritized under
item (1) of Section 5-30 of this Law;
the renovation or replacement school construction project is less than 40%
replacement cost, or the project has been granted a waiver by the Capital
Development Board in consultation with the State Board of Education in
accordance with rules promulgated pursuant to this Law;
the school construction project is located in a county that borders the Mississippi
River with a population of more than 33,000 and less than 34,000, according to
the 2010 decennial census;
the school district for which the school construction grant will be issued has no
more than 1,100 students, with the relevant school facility housing no more than
700 students;
the facilities for which the school construction grant will be used have been
condemned as of July 23, 2012; and
the application for the school construction grant has been approved prior to the
effective date of this amendatory Act of the 98th General Assembly.
Executive Order to Reduce Energy Consumption in State Facilities
WHEREAS, it is critical to use energy in the most efficient way possible to save taxpayer money
and to protect our climate and natural resources; and
WHEREAS, it is vital to reduce energy consumption and produce cost savings in the operations
of all agencies, offices, divisions, departments, bureaus, boards and commissions directly
responsible to the Governor (hereinafter “agencies”); and
WHEREAS, agencies control hundreds of buildings throughout the State and spend nearly 120
million dollars a year on energy for their facilities; and
WHEREAS, improved energy efficiency is the most cost effective and fastest option for the
State to lower its energy bills; and
12096859.2
WHEREAS, there is currently no statewide agency coordinating energy savings activities and
thus the State does not implement consistent facilities management policies and procedures to
reduce energy consumption or to take full advantage of available energy efficiency incentives
and economies of scale that would produce further cost savings; and
WHEREAS, there is currently no statewide agency compiling energy and utility usage data and
thus the State does not have a comprehensive and standardized platform with which to
benchmark its historic and current usage patterns, identify and prioritize locations for energy
efficiency upgrades, or document the impact of ongoing energy efficiency and cost control
policies and practices; and
WHEREAS, Article V, Section 11 of the Constitution of the State of Illinois authorizes the
Governor to reassign functions among or reorganize executive agencies, which are directly
responsible to him by means of an Executive Order; and
WHEREAS, Section 3.2 of the Executive Reorganization Implementation Act, 15 ILCS 15/3.2,
provides that “Reorganization” includes the “transfer of . . . functions” from one agency to
another and “the abolition of the whole or any part of any agency which does not have, or upon
the taking effect of reorganization will not have, any functions”;
THEREFORE, pursuant to the powers vested in me by Article V, Section 11 of the Illinois
Constitution, I hereby order:
I.
TRANSFER OF FUNCTIONS
A.
The Department of Central Management Services shall be responsible for
implementing a program to increase energy efficiency, track and reduce energy
usage, and improve the procurement of energy for all State-owned and Stateleased facilities for all agencies. Specifically, the Director of the Department of
Central Management Services or his or her designee shall:
1.
12096859.2
Chair an Energy Efficiency Committee, consisting of the Directors of the
Department of Central Management Services and the Department of
Commerce and Economic Opportunity and the Executive Director of the
Capital Development Board and/or their designees, that shall meet
monthly to identify energy efficiency projects for State-owned or Stateleased facilities and oversee the procurement and completion of those
projects. The Energy Efficiency Committee shall:
a.
Oversee energy audits to be conducted at State-owned or Stateleased facilities.
b.
Oversee the subsequent implementation of the recommendations
contained in the energy audits in the most cost-effective manner
available.
c.
Enter into contracts for equipment or services designed to decrease
energy consumption in State-owned or State-leased facilities or
equipment, with preference given to contracts that can be costeffectively implemented with a maximum 10-year payback period.
d.
B.
Coordinate with the Office of Management and Budget to ensure
that State agencies establish individual budget line items for
acceptance of energy efficiency incentives and to ensure that State
agencies leverage the maximum amount of energy efficiency
incentives available through State and private programs.
2.
Provide an annual report to the Governor, outlining the environmental
results, reduction in consumption and cost savings to the State.
3.
Develop and maintain such data management systems as are necessary to
document energy usage in a manner consistent with the need to purchase
supplies in the most cost-effective manner and to support the development
of strategies to maximize the operational efficiency of the State’s
facilities.
4.
Take the action necessary to enable the State to take advantage of bulk
purchases of energy to maximize the State's purchasing power.
5.
Obtain from all agencies a comprehensive listing of all electricity, natural
gas, water and sewer accounts, along with other site-identifying
information, and work directly with the appropriate utility companies to
arrange for ongoing monthly electronic download or dual distribution to
both the agencies and the Energy Efficiency Committee of the account
data, including the necessary usage and rate.
6.
At the sole discretion and direction of the Director of the Department of
Central Management Services, effective July 1, 2009, initiate and receive
annual appropriations for and pay all utility bills for State-owned and
State-leased facilities for all agencies from the Facilities Management
Revolving Fund and bill agencies for reimbursement.
The statutory powers, duties, rights, responsibilities and liabilities regarding
facilities management and decreasing energy consumption, contained in this
Executive Order, derive from the following named statutory provisions:
Department on Aging: 20 ILCS 405/405-300.
Department of Agriculture: 20 ILCS 205/205-405; 20 ILCS 210/2; 510 ILCS
10/1(a).
Arts Council: 20 ILCS 3915/6; 20 ILCS 405/405-300.
Capital Development Board: 20 ILCS 3105/9.01.
Department of Central Management Services: 20 ILCS 405/405-295, 300, 315; 30
ILCS 605/1 et seq.
12096859.2
Department of Children and Family Services: 20 ILCS 505/1 et seq.
Department of Commerce and Economic Opportunity: 20 ILCS 605/605-55.
Department of Corrections: 730 ILCS 5/3-2-2(1)(c).
Criminal Justice Information Authority: 20 ILCS 405/405-300.
Illinois Council on Developmental Disabilities: 20 ILCS 405/405-300.
Illinois Deaf and Hard of Hearing Commission: 20 ILCS 405/405-300.
Illinois Educational Labor Relations Board: 20 ILCS 405/405-300.
Illinois Emergency Management Agency: 20 ILCS 3305/6(c)(3), 7(a)(4), 19; 20
ILCS 3310; 420 ILCS 20/5; 420 ILCS 35/4, 5.
Illinois Department of Employment Security: 20 ILCS 5/5-630; 20 ILCS
1005/1005-115, 1005-150; 20 ILCS 1010/2; 20 ILCS 1015/1, 3; 820 ILCS
405/802, 1705.
Illinois Environmental Protection Agency: 415 ILCS 5/3.105; 20 ILCS 405/405300.
Illinois Finance Authority: 20 ILCS 405/405-300.
Department of Financial and Professional Regulation: 20 ILCS 1205; 20 ILCS
2105/2105-15(a)(6); 20 ILCS 1405/1405-5(5); 20 ILCS 3205; 20 ILCS 405/405300.
Governor's Office of Management and Budget: 20 ILCS 3005; 20 ILCS 405/405300.
Guardianship and Advocacy Commission: 20 ILCS 405/405-300.
Department of Healthcare and Family Services: 20 ILCS 2205; 20 ICLS 405/405300.
Housing Development Authority: 20 ILCS 405/405-300.
Historic Preservation Agency: 20 ILCS 3405 et seq.; 20 ILCS 3430; 5 ILCS
412/5.
Department of Human Rights: 775 ILCS 5/7-101; 20 ILCS 405/405- 300.
Human Rights Commission: 20 ILCS 405/405-300.
Department of Human Services: 20 ILCS 1705/4, 14; 20 ILCS 2405/10, 11; 20
ILCS 1305.
Interagency Energy Conservation Committee: 20 ILCS 3953/20(b), (d), and (f)
Department of Juvenile Justice: 20 ILCS 405/405-300.
Department of Labor: 20 ILCS 1505; 20 ILCS 405/405-300.
Labor Relations Board: 20 ILCS 405/405-300.
12096859.2
Illinois Law Enforcement Training and Standards Board: 50 ILCS 705; 50 ILCS
720/2; 20 ILCS 405/405-300
Liquor Control Commission: 20 ILCS 405/405-300.
Illinois Lottery Board: 20 ILCS 1605.
Illinois Medical District Commission: 70 ILCS 915/2; 20 ILCS 405/405-300.
Department of Military Affairs: 20 ILCS 1805/22-2, 22-5, 65; 20 ILCS 1810/1 et
seq.
Department of Natural Resources: 20 ILCS 801/1-15(c), 5-5; 20 ILCS 805/805210, 805-230, 805-300, 805-305, 805- 500; 20 ILCS 835; 20 ILCS 860; 20 ILCS
862; 20 ILCS 870.
Illinois Power Agency: 20 ILCS 405/405-300.
Illinois Prisoner Review Board: 20 ILCS 405/405-300.
Property Tax Appeal Board: 20 ILCS 405/405-300.
Department of Public Health: 20 ILCS 2305/2(f); 20 ILCS 2310/2310-90; 410
ILCS 47/15; 410 ILCS 535/2.
Illinois Racing Board: 230 ILCS 5/9; 20 ILCS 405/405-300.
Department of Revenue: 20 ILCS 2505/2505-730.
Illinois State Board of Investment: 20 ILCS 405/405-300.
Office of the State Fire Marshal: 20 ILCS 2905; 20 ILCS 405/405-300.
Illinois State Police: 20 ILCS 2605; 20 ILCS 405/405-300.
State Retirement Systems: 20 ILCS 405/405-300.
Illinois Toll Highway Authority: 605 ILCS 10/1; 605 ILCS 10/8.
Department of Transportation: 20 ILCS 2705; 20 ILCS 5/5-630.
Department of Veteran Affairs: 20 ILCS 2805/2(2).
II.
ABOLITIONS
As detailed above, in Part I.B.26., certain powers and duties previously held by the
Interagency Energy Conservation Committee are contained in this Executive Order. The
Interagency Energy Conservation Committee’s remaining powers and duties are
duplicative of those handled by other agencies, including but not limited to the Capital
Development Board and the Department of Economic Opportunity and Commerce. As
such, the Interagency Energy Conservation Committee is abolished and its affairs
terminated.
III.
EFFECT OF TRANSFERS
12096859.2
IV.
A.
At the sole discretion and direction of the Director of the Department of Central
Management Services and in consultation with the Governor’s Office and affected
agencies, personnel who are employed by agencies who are assigned to work
involving utility payments shall be transferred to the Department of Central
Management Services. The rights of the employees, the State and its agencies
under the Personnel Code and applicable collective bargaining agreements or
under any pension retirement or annuity plan shall not be affected by the
Executive Order.
B.
All books, records, papers, documents, property (real and personal), contracts, and
pending business pertaining to the powers, duties, rights and responsibilities
transferred by this Executive Order to the Department of Central Management
Services shall be delivered to the Department of Central Management Services
pursuant to the direction of the Director of the Department of Central
Management Services.
C.
All unexpended appropriations and balances and other funds available for use in
connection to the powers, duties, rights, and responsibilities transferred by this
Executive Order shall be transferred for use by the Department of Central
Management Systems pursuant to the direction of the Governor. Unexpended
balances so transferred shall be expended only for the purpose for which the
appropriations were originally made.
SAVINGS CLAUSE
12096859.2
A.
The rights, powers, duties and functions transferred to the Department of Central
Management Services by this Executive Order shall be vested in and shall be
exercised by the Department of Central Management Services. Each act done in
exercise of such rights, powers, duties and functions shall have the same legal
effect as if done by the agencies, offices, divisions, departments, bureaus, boards
and commissions from which they were transferred.
B.
Every person or corporation shall be subject to the same obligations and duties
and any penalties, civil or criminal, arising therefrom, and shall have the same
rights arising from the exercise of such rights, powers and duties as had been
exercised by the agencies, offices, divisions, departments, bureaus, boards and
commissions from which they were transferred.
C.
Whenever reports or notices were previously required to be made or given or
papers or documents furnished or served by any person with respect to the
functions that are being transferred, pursuant to this Executive Order, from other
agencies, offices, divisions, departments, bureaus, boards and commissions to the
Department of Central Management Services, the same shall be made, given,
furnished or served in the same manner to or upon the Department of Central
Management Services.
V.
D.
This Executive Order shall not affect any act done, ratified or canceled or any
right occurring or established or any action or proceeding had or commenced in
an administrative, civil or criminal cause regarding the functions transferred, but
such proceedings may be continued by the Department of Central Management
Services.
E.
This Executive Order shall not affect the legality of any rules in the Illinois
Administrative Code regarding the functions transferred in this Executive Order
that are in force on the effective date of this Executive Order. If necessary,
however, the affected agencies shall propose, adopt, or repeal rules, rule
amendments, and rule recodifications as appropriate to effectuate this Executive
Order.
SEVERABILITY
If any provision of this Executive Order or its application to any person or circumstance
is held invalid by any court of competent jurisdiction, this invalidity does not affect any
other provision or application of this Executive Order which can be given effect without
the invalid provision or application. To achieve this purpose, the provisions of this
Executive Order are declared to be severable.
VI.
EFFECTIVE DATE
This Executive Order shall become effective on the 61st day after its delivery to the
General Assembly.
12096859.2
Indiana (back to top)
EXECUTIVE ORDER: 08-14
FOR: ESTABLISHMENT OF ENERGY EFFICIENT STATE BUILDING INITIATIVE
TO ALL TO WHOM THESE PRESENTS MAY COME, GREETINGS.
WHEREAS, The cost of energy continues to increase dramatically and consumers, businesses,
and the public sector must all continue to improve energy use and identify opportunities to
reduce demand through energy-efficient practices;
WHEREAS, state government should set an example through efforts to increase the costeffectiveness of government and its efficient use of resources;
WHEREAS, the construction and renovation of buildings utilizing energy efficient design and
materials can serve the needs of citizens and promote the health, productivity, and safety of
employees while reducing the operating costs of government;
WHEREAS, the use of local materials minimizes the transportation costs of raw materials and
finished products while supporting the regional economy; and
WHEREAS, the Department of Administration (DOA) has demonstrated that new state buildings
can be built cost effectively utilizing energy efficient design, having constructed five new
buildings since 2005 which were certified by the U.S. Green Building Council as meeting
Leadership in Energy and Environmental Design (LEED) standards;
NOW, THEREFORE, I, Mitchell E. Daniels, Jr., by virtue of the authority vested in me as
Governor of the State of Indiana do hereby order that:
1. All new state buildings, including all state agencies, departments, offices, boards,
commissions, and public universities, shall henceforth be designed, constructed, operated, and
maintained to achieve maximum energy efficiency to the extent this can be accomplished on a
cost effective basis, considering construction and operating costs over the life cycle of the
building.
2. The DOA shall develop design standards for all new state buildings which require the analysis
of the cost effectiveness of building with the goal of achieving energy efficiency. "Efficiency"
may be demonstrated through design which achieves:
(1) The silver rating under the LEED rating system;
(2) The two globes rating under the Green Globes rating system;
(3) Environmental Protection Agency's ENERGY STAR®; or
(4) Equivalent under a rating system that is accredited by the American National Standards
Institute.
3. Repair or renovation of all existing state buildings shall be designed to achieve maximum
energy efficiency to the extent this can be accomplished on a cost effective basis, considering
12096859.2
construction and operating costs over the life cycle of the building. Such design may be based on
LEED, Green Globes, and/or other comparable guidelines and rating systems. Historic aesthetic
and local sourced materials shall be afforded value in the cost analysis.
4. Indiana hardwood lumber, further, should be considered for use in all projects, where
practicable, as a local source material. The 2006 study "Sustainability of Indiana's Forest
Resources" indicates that Indiana timberland acreage and volume has steadily increased since
1967.
IN TESTIMONY WHEREOF, I, Mitchell E. Daniels, Jr., have hereunto set my hand and caused
to be affixed the Great Seal of the State of Indiana on this 24th day of June, 2008.
Mitchell E. Daniels, Jr.
Governor of Indiana
12096859.2
Kansas (back to top)
75-37,129a. Rules and regulations relating to energy efficiency performance standards for
state-owned buildings
Within 18 months after the effective date of this act, the secretary of administration shall adopt
rules and regulations prescribing energy efficiency performance standards requiring that all new
construction and, to the extent possible, renovated state-owned buildings, be designed and
constructed to achieve energy consumption levels that meet the levels established under the
ASHRAE standard or the IECC, as appropriate, if such levels of energy consumption are lifecycle cost-effective for such buildings and also recommend that new and, to the extent possible,
renovated school and municipal buildings meet the same requirements.
66-1227. Energy efficiency of buildings; standards
(a) The International Energy Conservation Code 2006 (IECC 2006) is hereby adopted as the
applicable energy efficiency standard for new commercial and industrial structures in this state.
(b) The state corporation commission has no authority to adopt or enforce energy efficiency
standards for residential, commercial or industrial structures.
(c) Nothing in this section shall be construed to preclude a city or county from adopting or
enforcing energy efficiency standards for structures within the jurisdiction of such city or county.
12096859.2
Kentucky (back to top)
56.770 Definitions for KRS 56.770 to 56.784.
As used in KRS 56.770 to 56.784, unless the context requires otherwise:
(1)
“Aggregate simple payback period” means the simple payback period of a set of
energy efficiency measures taken together for a building;
(2)
“Building” means all contiguous
improvements that use energy;
(3)
“Cabinet” means the Finance and Administration Cabinet;
(4)
“Energy audit” means examination of a building's energy-using systems, energy
consumption and costs, occupancy patterns, and operation and maintenance
procedures;
(6)
“Energy efficiency measure” means any construction, improvement, repair,
alteration, or betterment of a building that is intended to reduce energy
consumption; or any equipment, fixture, or furnishing to be added to or used in a
building that will be a cost-effective energy-related project that is intended to
reduce energy consumption;
(7)
“Guaranteed energy savings performance contract” means an agreement for the
provision of energy services or equipment, including energy efficiency measures,
energy conservation measures and alternate energy technologies for state
government buildings, in which a person agrees to design, construct, install,
maintain, operate, or manage energy systems or equipment to improve energy
efficiency of, or produce energy in connection with, a state government building.
Payments for a guaranteed energy savings performance contract shall be made
from measured and verified savings generated from implementation of the energy
efficiency measures financed by the contract. The term of a guaranteed energy
savings performance contract shall not exceed the life of the energy savings
generated from implementation of the energy efficiency measures financed by the
contract. If the measured and verified savings are not sufficient to pay the
financial obligations under the contract, the contractor is liable for the contract
payments;
(8)
“High-performance building” means a public building that is designed,
constructed, and capable of being operated in a manner that:
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land,
structures,
appurtenances,
(a)
Increases environmental performance and economic value over time;
(b)
Safeguards the health of occupants;
and
(c)
Enhances satisfaction and productivity of workers through energyefficient systems;
(d)
Incorporates environmentally friendly materials and products; and
(e)
Reduces waste;
(9)
“High-performance building standards” means a set of standards developed by the
cabinet pursuant to KRS 56.777;
(10)
“Engineering analysis” means a detailed cost-benefit analysis of energy efficiency
investments including a review of potential cost savings through operation and
maintenance changes;
(11)
“Life-cycle cost analysis” means a method for estimating the total cost of an
energy-using component or building over its useful life, including cost factors
such as purchase price or construction, renovation, or leasing costs, energy use,
maintenance, interest, and inflation;
(12)
“Low cost/no cost energy conservation measures” means those energy saving
practices and energy efficiency measures, usually involving operation and
maintenance practices, that can be accomplished by existing personnel within
existing operating budgets;
(13)
“Simple payback period” means the number of years it takes to pay back, from
estimated savings, the initial cost of an energy efficiency measure with the simple
payback period equal to the initial cost divided by the estimated annual savings;
(14)
“Savings” means the reduction in expenditures, excluding any state government
and post-secondary education personnel expenditures, that are measured and
verified, including but not limited to energy usage, operating costs, and capital
cost avoidance that occur as a result of the implementation of energy efficiency
measures;
(15)
“Capital cost avoidance” means savings generated when expenditures of
appropriated capital construction or appropriated capital outlay funds are avoided
because the budgeted capital improvements or items of equipment are contained
within the energy efficiency measures provided by a guaranteed energy savings
performance contract;
(16)
“Operating costs” means expenditures associated with operating and maintaining
a properly functioning building and its systems including but not limited to the
heating, ventilation, cooling, lighting, plumbing, water heating, electrical, and
laundry systems and their controls;
(17)
“Public building” has the same meaning as in KRS 318.010;
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(18)
“ENERGY STAR” means the voluntary program administered by the United
States Environmental Protection Agency and the United States Department of
Energy that is designed to protect the environment through the promotion of
energy-efficient products and practices;
(19)
“Green Globes rating system” means the on-line environmental assessment tool
developed by the Green Building Initiative as of December, 2004, that allows
designers, property owners, and managers to evaluate and rate buildings against
best sustainable building design practices and integrate principles of sustainable
architecture at every stage of project delivery in order to design and construct
buildings that will be energy-efficient and resource-efficient, achieve operational
savings, and provide healthier environments in which to live and work; and
(20)
“LEED” means the building rating systems developed on or after January 1,
2005, by the United States Green Building Council that allow designers, property
owners, and managers to evaluate and rate buildings against best sustainable
building design and practices and to integrate principles of sustainable
architecture at every stage of project delivery in order to design and construct
buildings that will be energy-efficient and resource-efficient using a wholebuilding approach in five (5) key areas of human and environmental health:
(a)
Sustainable site development;
(b)
Water savings;
(c)
Energy efficiency;
(d)
Material selection; and
(e)
Environmental quality.
56.772 Legislative intent; Energy Efficiency Program for State Government Buildings.
The General Assembly finds and declares it to be the public policy of the Commonwealth
to maximize the use of energy efficiency measures in the construction, renovation, and
maintenance of buildings owned or leased by the Commonwealth. In furtherance of this policy,
the cabinet shall administer an energy efficiency program, to be known as the Energy Efficiency
Program for State Government Buildings.
56.774 Purpose of program; engineering analysis; methods of finance; documentation of
savings.
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(1)
The Energy Efficiency Program for State Government Buildings shall provide for
implementation of low cost/no cost energy conservation measures, engineering
analyses, energy efficiency measures, building improvements, and monitoring of
results for state-owned or state-leased buildings.
(2)
Any engineering analysis conducted on a state-owned building shall assess the
energy efficiency of the building and make recommendations for improving the
efficient use of energy within the building. The analyses shall be performed by
qualified engineers, architects, or other persons trained in energy efficiency who
may be employees of the cabinet or employed pursuant to KRS Chapter 45A,
except that any engineers, architects or other persons trained in energy efficiency
and retained under a guaranteed energy savings performance contract, shall not be
subject to the provisions of KRS 45A.800 to 45A.835.
(3)
Except as provided in subsection (5) of this section, measures to improve the
energy efficiency of a state-owned building, which have an aggregate simple
payback period of five (5) years or less, shall be implemented as general fund
appropriations become available. No more than five percent (5%) of the cost of
energy efficiency measures for a building may be utilized for monitoring the
results.
(4)
If general fund appropriations are available for energy efficiency improvements,
the cabinet shall prioritize projects among the various state-owned buildings to
determine which projects shall be implemented to best utilize the available
funding.
(5)
If general fund appropriations are unavailable, energy efficiency measures for a
state-owned building may be financed by other means. These other means include
but are not limited to guaranteed energy savings performance contracts as defined
under KRS 56.770 entered into pursuant to KRS 45A.085 and KRS 45A.045(10).
Guaranteed energy savings performance contracts shall not be subject to the
provisions of KRS 45A.800 to 45A.835. These energy efficiency measures shall
not be limited to those that have an aggregate simple payback period of five (5)
years or less, but shall result in reasonable economic benefit to the
Commonwealth. Ownership of the energy efficiency measures shall be transferred
to the Commonwealth upon completion of the guaranteed energy savings
performance contract or as otherwise agreed upon in the contract. Savings from
the implementation of the energy efficiency measures under the guaranteed
energy savings performance contract shall be used to satisfy the obligations under
the guaranteed energy savings performance contract and to repay the cost of the
other means used to finance the energy efficiency measures, and may be used to
repay expenses incurred by the cabinet to reimburse the cabinet for expenses
related to the guaranteed energy savings performance contract, including but not
limited to staff time for monitoring, overseeing, and managing the project.
Notwithstanding KRS 45.229, remaining savings shall remain in the state agency
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account and shall not lapse. All savings projected under a guaranteed energy
savings performance contract shall be guaranteed to the Commonwealth.
(6)
The savings in reduced expenditures that are specified as payment sources shall
be documented in the guaranteed energy savings performance contract. Savings
shall be determined by using one (1) of the measurement and verification
methodologies listed in the United States Department of Energy's “International
Performance Measurement and Verification Protocol.” If specific data limitations
or documented unique characteristics of the project prevent use of the
“International Performance Measurement and Verification Protocol,” an
alternative method that is compatible shall be adopted upon documentation and
approval of the secretary of the cabinet.
56.775 Required high-performance building standards; use of energy-efficiency products.
To improve energy efficiency throughout state government, the cabinet and
universities that manage their own capital construction projects under KRS 164A.580
shall:
(1)
Beginning July 1, 2009, require that all construction or renovation of public
buildings for which fifty percent (50%) or more of the total capital cost is paid by
the Commonwealth shall be designed and constructed, or renovated, to meet the
high-performance building standards established in KRS 56.777. This subsection
applies to all projects that have not entered the design phase prior to January 1,
2009;
(2)
Require that all building leases entered into by the Commonwealth or any of its
agencies on and after July 1, 2018, shall meet the high-performance building
standards. From July 15, 2008 and prior to July 1, 2018, a building that meets the
high-performance building standards established in this section shall be given a
preference in the state leasing process over other buildings that do not meet the
high-performance building standards; and
(3)
Incorporate ENERGY STAR-qualified products in state agency procurements to
the extent economically feasible using a life-cycle cost analysis.
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56.776 Energy audit training program; additional programs on energy awareness.
The cabinet, with the assistance of the Department for Energy Development and
Independence, shall institute an energy audit training program to identify energy saving
techniques for state-owned building maintenance staff. Additional programs shall be developed
to educate state employees and other building occupants on energy awareness and practices to
reduce energy use in state-owned buildings. Local government employees may be included in
training and educational programs
56.777 High-Performance Buildings Advisory
administrative regulations; resource utilization
Committee;
membership;
duties;
(1) A High-Performance Buildings Advisory Committee is hereby created and shall be
administratively staffed by the cabinet.
(2) The committee shall consist of fifteen (15) members and shall include:
(a) A representative of the cabinet designated by the secretary;
(b) A representative of the Tourism, Arts and Heritage Cabinet designated by the
secretary;
(c) A representative of the Department of Education designated by the
commissioner;
(d) A representative of the Council on Postsecondary Education designated by the
president;
(e) A representative of the Department for Energy Development and
Independence designated by the commissioner; and
(f) A representative appointed by the Governor from each of the following:
1. The design and construction industry involved in public works
contracting;
2. The Kentucky Chapter of the U. S. Green Building Council;
3. The University of Kentucky College of Design;
4. The Kentucky Forest Industries Association;
5. The Kentucky Society of the American Institute of Architects;
6. The American Society of Heating, Refrigerating, and Air-Conditioning
Engineers; and
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7. The Home Builders Association of Kentucky;
8. The Associated General Contractors of Kentucky;
9. The West Kentucky Construction Association; and
10. The Kentucky Manufactured Housing Institute.
(3) The representative of the cabinet shall serve as the chairperson of the committee. All
appointments shall be for a term of two (2) years. Committee members shall serve
until their successors are appointed and shall be eligible for reappointment.
(4) The committee shall meet at least monthly or as convened by the chairperson.
(5) The members of the committee shall receive reimbursement for the cost of travel to
and from the meetings and any costs necessarily incurred in carrying out their duties.
(6) The committee shall:
(a) Consult with architects, engineers, builders, energy and conservation
organizations, and other interested stakeholders, and make recommendations
to the cabinet regarding:
1. Standards and benchmarks developed under existing high-performance
building programs, including the ENERGY STAR rating system, Green
Globes rating system, and Leadership in Energy and Environmental
Design (LEED) Green Building rating system; and
2. Standards and guidelines developed and adopted by the U.S. Green
Building Council, the American Society of Heating, Refrigerating and
Air-Conditioning Engineers, and the Illuminating Engineering Society of
North America partnership concerning the design of sustainable buildings
to balance environmental responsibility, resource efficiency, occupant
comfort and well-being, and community sensitivity;
(b) Assist the cabinet in the review of state building projects to ensure that
building performance and efficiency are maximized to the extent
economically feasible using a life-cycle cost analysis;
(c) Assist the cabinet in developing a process of documentation of the attainment
of high-performance building standards; and
(d) Assist the cabinet in conducting an ongoing professional development
program for state and local building designers, construction companies, school
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districts, building managers, and the general public on high-performance
building design, construction, maintenance, and operation.
(7) Prior to the implementation of KRS 56.770 to 56.784, the cabinet shall promulgate
administrative regulations pursuant to KRS Chapter 13A necessary to implement this
section. The cabinet shall consider the recommendations made by the HighPerformance Buildings Advisory Committee pursuant to subsection (6) of this section
and shall establish the criteria for the high-performance building standards and the
benchmarks by which the high-performance building standards will be measured. At
a minimum, the cabinet shall:
(a) Include the standards for site selection and management, water efficiency,
energy conservation, waste reduction, material and resource use, and indoor
air quality; and
(b) Require that each high-performance building be designed, constructed, or
renovated so that it is capable of being rated as an ENERGY STAR building
in accordance with the criteria and rating system adopted by the United States
Environmental Protection Agency and in effect at the time the building is
designed or, in the case of leased buildings, at the time the lease is entered
into on or after July 1, 2018.
(8) In developing the criteria for the high-performance building standards, the cabinet
shall consider and encourage the use of:
(a) Locally grown lumber from forest lands implementing sustainable practices
established by the American Tree Farm System's Sustainable Forest Initiative
or the Kentucky Forest Stewardship Program established under KRS 149.330
to 149.355;
(b) Building materials manufactured with recycled content within
Commonwealth; and
the
(c) Renewable energy sources.
56.778 Inclusion of life-cycle energy cost analyses in bids or plans to construct or renovate
state-owned buildings.
The cabinet shall require persons submitting bids or plans for state-owned buildings to be
constructed or substantially renovated after July 15, 1996, to include within those bids or plans
life-cycle energy cost analyses. The cabinet shall consider those life-cycle cost analyses when
evaluating competing bids or plans.
56.780 Evaluation for cost-effective energy use and energy efficiency of buildings prior to
lease or purchase -- Structure of leases.
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(1)
Any building which the Finance and Administration Cabinet considers for leasing
or purchase shall be evaluated for cost-effective energy use and energy efficiency.
This evaluation shall be considered in choosing between competing leases or
building purchases. The cabinet shall consider the energy costs of operating a
building to ensure the selection of a cost-effective lease, and the cabinet shall
compare life-cycle energy cost analyses for competing leases.
(2)
A lease may be structured so that both the lessor and the state agency as lessee
may share energy cost savings that can be accomplished by energy-efficient lease
arrangements. The lease may incorporate financial incentives to make energy
efficiency improvements that are cost effective in reducing the operating cost of
the building. The lease may provide for the state agency to make lease payments
which may be used to help fund the costs of energy efficiency measures in the
building, if the costs are amortized and returned to the state agency over a period
of years not to exceed the useful life of the energy efficiency measures.
Thereafter, the state agency shall be entitled to a reduction in the lease amount
based on any continued savings resulting from the energy efficiency measures.
The amount of reduction shall be negotiated between the lessor and the state
agency.
56.782 Report on use of energy-efficiency measures in state government; Contents.
The cabinet shall report on or before October 15, 2008, and on or before every October
15 thereafter to the Legislative Research Commission on progress made to maximize the
use of energy-efficiency measures in state government. The Legislative Research
Commission shall transmit the report to the appropriate interim joint committees and to
the General Assembly when it convenes. The report shall include but not be limited to:
(1) A summary of initiatives undertaken by the cabinet during the reporting period to
promote adoption of low cost/no cost energy-efficiency measures, including
employee training efforts;
(2) A summary of energy-efficiency measures installed and energy improvements
made during the reporting period;
(3) Energy consumption and expenditure data for facilities owned or leased by state
government and any documented savings made as a result of energy-efficiency
measures and improvements;
(4) Status report on the number of buildings newly constructed, renovated, or leased
in accordance with the high-performance building standards required under KRS
56.777 and the amount of savings realized based upon a life-cycle cost analysis;
(5) Any efforts made during the reporting period to promote acquisition of energyefficient products pursuant to KRS 45A.045(12) and the amount of savings
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expected to be realized in the first year of operation from the purchase of
ENERGY STAR-qualified products pursuant to KRS 56.775;
(6) Any recommendations for future funding of energy improvements or other
measures needed to assure energy efficiency in state government; and
(7) Any improvements in energy efficiency planned or realized through the use of the
LEED rating system, the Green Globes rating system, ENERGY STAR-qualified
products, and guaranteed energy savings performance contracts.
56.783 Energy efficiency in state government buildings revolving loan fund.
(1) A special fund in the State Treasury is hereby created which shall be known as the energy
efficiency in state government buildings revolving loan fund. The fund shall be used to
provide financial assistance to state government agencies for the purposes of KRS 56.770
to 56.784.
(2) The fund may receive state appropriations, gifts, grants, and federal funds and shall
include earnings from the investment of moneys in the fund. Any fund balance at the
close of the fiscal year shall not lapse but shall carry forward to the next fiscal year and
shall remain available solely for the purposes of this section.
(3) Administration of this fund shall be the responsibility of the cabinet. The cabinet shall
establish terms and conditions for loans from the fund including the application and
repayment process. The cabinet shall establish and implement fiscal controls and
accounting periods for payments received and disbursements made by the fund and for
fund balances at the beginning and end of each accounting period.
(4) All repayments of loans made under this section shall be paid into the fund. Balances, or
portions thereof, in the fund shall not revert to the general fund.
56.784 Guaranteed energy savings performance contracts; authority for administrative
regulations.
(1) Each agency responsible for managing state-owned property shall review the
utility usage of the property and shall cooperate with the cabinet to determine
which properties are good candidates for guaranteed energy savings performance
contracts. The responsible agency is encouraged to implement guaranteed energy
savings performance contracts where appropriate.
(2) The cabinet may implement the provisions of KRS 56.770 to 56.784 through the
promulgation of administrative regulations pursuant to KRS Chapter 13A.
(3) The secretary of the cabinet shall promulgate administrative regulations in
accordance with the provisions of KRS Chapter 13A establishing a process for
procurement of energy savings performance contracts, including required contract
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language. The following entities shall adhere to these regulations when procuring
services under a guaranteed energy savings performance contract:
(a) Any governing body of a postsecondary institution that manages its
capital construction program under KRS 164A.580; or
(b) Any public corporation as defined by KRS 45.750(2)(c) or as created
under the Kentucky Revised Statutes as a governmental agency and
instrumentality of the Commonwealth that manages its capital
construction program.
(5) All state agencies, including those identified in subsection (3) of this section, shall submit
proposed guaranteed energy savings performance contracts to the Office of Financial
Management within the Office of the Controller for review and approval prior to contract
execution.
(6) The secretary shall report all authorized guaranteed energy savings performance contracts
to the Capital Projects and Bond Oversight Committee for its review.
§ 141.435 Definitions for KRS 141.435 to 141.437
(1) “Active solar space-heating system” means a system that:
(a) Consists of solar energy collectors that collect and absorb solar radiation combined
with electric fans or pumps to transfer and distribute that solar heat;
(b) May include an energy storage space-heating system to provide heat when the sun is
not shining; and
(c) Is installed by a certified installer;
(2) “Certified installer” means an installer who has satisfied the professional certification
standards established by the North American Board of Certified Energy Practitioners (NABCEP)
and who has been certified as a NABCEP Certified Solar PV Installer or a NABCEP Certified
Solar Thermal Installer;
(3) “Combined active solar space-heating and water-heating system” means a system that meets
the requirements of both an active solar space-heating system and a solar water-heating system
and is installed by a certified installer;
(4) “Commonwealth” means the Commonwealth of Kentucky;
(5) “Dwelling unit” includes a manufactured home as defined in KRS 100.348;
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(6) “Energy-efficient interior lighting system” means an interior lighting system that meets the
maximum reduction in lighting power density requirements for the federal energy efficient
commercial building deduction under 26 U.S.C. sec. 179D, as in effect December 31, 2007;
(7) “Energy-efficient heating, cooling, ventilation, or hot water system” means a heating,
cooling, ventilation, or hot water system that meets the requirements for the federal energyefficient commercial building deduction under 26 U.S.C. sec. 179D, as in effect December 31,
2007;
(8) “Energy-efficient windows and storm doors” means windows and storm doors that are:
(a) ENERGY STAR-labeled; and
(b) Certified by the National Fenestration Rating Council as meeting the North-Central U.S.
climate zone performance standards for U-factor (nonsolar heat conductance), solar heat
gain coefficient, air leakage, visible-light transmittance, and condensation resistance;
(9) “ENERGY STAR” shall have the same meaning as in KRS 56.770;
(10) “Installed cost” means the following, less any discounts, rebates, sales tax, installationassistance credits, name-referral allowances, or other similar reductions:
(a) The purchase cost of equipment, components, and associated design; and
(b) Labor costs properly allocable to the on-site preparation, assembly, and original
installation of the property, including piping or wiring to interconnect such property to the
dwelling unit or commercial property;
(11) “Passive solar space-heating system” means a system that:
(a) Takes advantage of the warmth of the sun through the use of design features such as
large south-facing windows and materials in the floors or walls that absorb warmth during
the day and release that warmth at night;
(b) Includes one (1) or more of the following designs:
1. Direct gain which stores and slowly releases heat energy collected from the sun
shining directly into the building and warming materials such as tile or concrete;
2. Indirect gain which uses materials that are located between the sun and the living
space such as a wall to hold, store, and release heat; or
3. Isolated gain which collects warmer air from an area that is remote from the living
space, such as a sunroom attached to a house, and the warmer air flows naturally to the
rest of the house; and
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(c) Meets the guidelines and technical requirements for passive solar design established by
administrative regulation pursuant to KRS 141.436(7);
(12) “Qualified energy property” means the following property that meets the performance,
quality, and certification standards of and that would have been eligible for the federal tax credit
for residential energy property expenditures under 26 U.S.C. sec. 25C, as it existed on December
31, 2007:
(a) An electric heat pump water heater;
(b) An electric heat pump;
(c) A closed loop geothermal heat pump;
(d) An open loop geothermal heat pump;
(e) A direct expansion (DX) geothermal heat pump;
(f) A central air conditioner;
(g) A natural gas, propane, or oil furnace or hot water heater;
(h) A hot water boiler including outdoor wood-fired boiler units; or
(i) An advanced main air circulating fan;
(13) “Solar photovoltaic system” means a system for electricity generation that:
(a) Includes solar photovoltaic panels, structural attachments, electrical wiring, inverters for
converting direct current output to alternating current, and appropriate controls and safety
measures for output monitoring;
(b) Meets the requirements of Article 690 of the National Electrical Code;
(c) Uses solar photovoltaic panels and inverters that are rated and listed by Underwriters
Laboratories; and
(d) Is installed by a certified installer;
(14) “Solar water-heating system” means a system that:
(a) Uses solar-thermal energy to heat water;
(b) 1. Is an indirect pressurized glycol system that uses propylene glycol; or
2. Is an indirect drainback system that uses distilled water or propylene glycol;
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(c) Uses OG-100 solar thermal collectors that are:
1. Certified by the Solar Rating and Certification Corporation; and
2. Covered by a manufacturer's warranty of not less than five (5) years;
(d) Is installed by a certified installer; and
(e) Is warranted by the certified installer for a period of not less than two (2) years;
(15) “Upgraded insulation” means insulation with the following R-value ratings:
(a) Attic insulation rated R-38 or higher;
(b) Exterior wall, crawl space, and basement exterior wall insulation rated R-13 or higher;
and
(c) Floor insulation rated R-19 or higher; and
(16) “Wind turbine” or “wind machine” means a turbine or machine used for generating
electricity that:
(a) Is certified as meeting the United States Wind Industry Consensus Standards developed
by the American Wind Energy Association in partnership with the United States Department
of Energy;
(b) Is covered by a manufacturer's warranty of not less than five (5) years;
(c) Is in compliance with all relevant building codes, height restriction variances, other
special code requirements, and zoning ordinances;
(d) Has been installed in accordance with all building codes and all permits were received
prior to the start of construction and installation;
(e) Is in compliance with all applicable Federal Aviation Administration regulations;
(f) Meets all requirements of Article 705 of the National Electrical Code for electrical
components and installations; and
(g) Is rated and listed by Underwriters Laboratories.
141.436 Tax credit for installation of energy efficiency products for residential and
commercial property; administrative regulations; reports
12096859.2
(1) (a) For taxable periods beginning after December 31, 2008, and beginning before January 1,
2016, there is hereby created a nonrefundable credit against the tax imposed under KRS 141.020
or 141.040, and KRS 141.0401, with the ordering of credits as provided in KRS 141.0205. The
credit shall apply if one (1) or more of the items listed in paragraph (b) of this subsection is
installed during the taxable year in a dwelling unit located in the Commonwealth that is owned
by the taxpayer and used by the taxpayer as:
1. The taxpayer's principal place of residence; or
2. A single-family or multifamily residential rental unit.
(b) The tax credit shall equal thirty percent (30%) of the installed costs of:
1. Upgraded insulation, not to exceed one hundred dollars ($100);
2. Energy-efficient windows and storm doors, not to exceed two hundred fifty dollars
($250); or
3. Qualified energy property, not to exceed two hundred fifty dollars ($250).
(c) In no case shall the total credits provided under this subsection exceed five hundred
dollars ($500) per taxpayer.
(2) (a) For taxable years beginning after December 31, 2008, and beginning before January 1,
2016, there is hereby created a nonrefundable credit against the tax imposed under KRS 141.020
or 141.040, and KRS 141.0401, with the ordering of credits as provided in KRS 141.0205, if one
(1) or more of the items listed in paragraph (b) of this subsection is installed during the taxable
year on a dwelling unit located in the Commonwealth, or on property located in the
Commonwealth that is owned and used by the taxpayer as commercial property.
(b) The tax credit shall equal:
1. Thirty percent (30%) of the installed costs of:
a. An active solar space-heating system;
b. A passive solar space-heating system;
c. A combined active solar space-heating and water-heating system;
d. A solar water-heating system; and
e. A wind turbine or wind machine; or
2. Three dollars ($3) per watt direct current (DC) of rated capacity of a solar
photovoltaic system.
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(c) In no case shall the total tax credits provided in this subsection exceed:
1. Five hundred dollars ($500) per taxpayer if installed on a dwelling unit located in
the Commonwealth that is owned by the taxpayer and used by the taxpayer as:
a. The taxpayer's principal place of residence; or
b. A single-family residential rental unit; or
2. One thousand dollars ($1,000) per taxpayer if installed on property located in the
Commonwealth that is owned and used by the taxpayer as:
a. A multifamily residential rental unit; or
b. Commercial property;
(3) (a) For taxable years beginning after December 31, 2008, and beginning before January 1,
2016, there is hereby created a nonrefundable credit against the tax imposed under KRS 141.020
or 141.040, and KRS 141.0401, with the ordering of credits as provided in KRS 141.0205, if one
(1) or more of the following is installed during the taxable year on property located in the
Commonwealth that is owned and used by the taxpayer as commercial property:
1. An energy-efficient interior lighting system; and
2. An energy-efficient heating, cooling, ventilation, or hot water system.
(b) The tax credit shall equal thirty percent (30%) of the installed costs of:
1. An energy-efficient interior lighting system, not to exceed five hundred dollars
($500) per taxpayer; and
2. An energy-efficient heating, cooling, ventilation, or hot water system, not to exceed
five hundred dollars ($500) per taxpayer.
(c) In no case shall the total tax credits provided in this subsection exceed one thousand
dollars ($1,000) per taxpayer.
(d) For purposes of the tax credit provided by this subsection, “commercial property” shall
not include single-family or multifamily residential units.
(4) The tax credits provided under this section shall apply in the tax year in which the installation
is completed. If the credit cannot be taken in full in the year in which the installation is
completed, the tax credit may be carried forward one (1) year.
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(5) The department may request copies of invoices, purchase receipts, installation contracts,
proof of installer's NABCEP certification, and any other information that the department
determines necessary to verify credits taken.
(6) If the taxpayer has taken the ENERGY STAR home or the ENERGY STAR manufactured
home tax credit provided under KRS 141.437, the tax credits provided under this section shall
not apply.
(7) The department shall establish, by administrative regulation, the guidelines and technical
requirements for items that are eligible for the tax credits provided under subsection (2) of this
section, including but not limited to requirements for capacity, siting, plumbing, collector
mountings, and pressurization. The department shall enlist the assistance, cooperation, and
recommendations of the Department for Energy Development and Independence and the
Kentucky Pollution Prevention Center at the University of Louisville in determining those
guidelines and technical requirements and may enlist their assistance in evaluating the eligibility
of credits taken under this section.
(8) On or before December 1, 2010, and on or before every December 1 thereafter, the
department shall report to the Legislative Research Commission the total number and gross
amount of each type of tax credit claimed on returns processed during the fiscal year ending prior
to the December reporting date.
141.437 Tax credit for construction of ENERGY STAR home or sale of ENERGY STAR
manufactured home; required verification; reports
(1) As used in this section:
(a) “ENERGY STAR home” means any single-family residence that qualifies for and
receives the ENERGY STAR label under the ENERGY STAR Program administered by
the United States Environmental Protection Agency; and
(b) “ENERGY STAR manufactured home” means a manufactured home as defined in KRS
100.348 that meets the ENERGY STAR label under the ENERGY STAR Program
administered by the United States Environmental Protection Agency.
(2) For taxable years beginning after December 31, 2008, and before January 1, 2016, there is
hereby created a nonrefundable credit against the tax imposed by KRS 141.040, and KRS
141.0401, with the ordering of credits as provided in KRS 141.0205 if a taxpayer:
(a) Builds a new ENERGY STAR home located in the Commonwealth for use as a
principal place of residence; or
(b) Sells a new ENERGY STAR manufactured home to a buyer who uses that home as a
principal place of residence in the Commonwealth.
(3) The tax credit shall equal:
12096859.2
(a) Eight hundred dollars ($800) if the taxpayer builds an ENERGY STAR home; or
(b) Four hundred dollars ($400) if the taxpayer sells an ENERGY STAR manufactured
home.
(4) The tax credit provided under this section shall apply in the tax year in which the taxpayer
completes construction of the ENERGY STAR home or sells the ENERGY STAR manufactured
home.
(5) The tax credit provided in this section shall not apply if:
(a) The tax credit has been previously taken by another taxpayer on the same ENERGY
STAR home or ENERGY STAR manufactured home; or
(b) The taxpayer has taken the energy efficiency tax credits provided in KRS 141.436.
(6) The department may request verification of the ENERGY STAR label placed on the home,
documentation that the buyer is using the home as a principal place of residence, and any other
information that the department determines is necessary to verify the tax credits taken.
(7) On or before December 1, 2010, and on or before every December 1 thereafter, the
department shall report to the Legislative Research Commission the total number and gross
amount of each type of credit claimed on returns processed during the fiscal year ending prior to
the December reporting period.
12096859.2
Louisiana (back to top)
40 §1730.49.
requirements
A.
Louisiana major facility project; energy efficiency and conservation;
The office of facility planning and control of the division of administration shall
adopt rules and regulations which:
Optimize the energy performance of state-funded buildings throughout the state.
Increase the demand for building and construction materials, finishes, furnishings, and
other products made in or incorporating materials produced in Louisiana.
Improve environmental quality in this state by decreasing the discharge of pollutants
from state-funded buildings and their manufacture.
Conserve energy and utilize local and renewable energy sources.
Protect and restore this state's natural resources by avoiding development of inappropriate
state-funded building sites.
Reduce the burden on public water supply and treatment by reducing potable water
consumption.
Establish life cycle assessment as the appropriate and most efficient analysis to determine
a state-funded building project's environmental performance level.
Encourage obtaining ENERGY STAR designation from the United States Environmental
Protection Agency to further demonstrate a building project's energy independence.
B.
Each major facility project must be designed, constructed, and certified to exceed
the requirements of the state energy code by at least thirty percent where it is
determined by the office of facility planning and control that such thirty percent
efficiency is cost effective based on a life cycle cost analysis with a payback at no
more than thirty years. Certification shall be performed by a professional
engineer using IRS/DOE approved software methodology.
C.
In order to achieve sustainable building standards, construction projects may
utilize a nationally recognized high performance environmental building rating
system, provided, however, that any such rating system that uses a material or
product-based credit system which is disadvantageous to materials or products
manufactured or produced in Louisiana shall not be utilized. The office of facility
planning and control of the division of administration shall designate rating
systems which meet these criteria and may establish its own rating system.
D.
A professional engineer shall certify that the major facility project's systems for
heating, ventilation, air conditioning, energy conservation and water conservation
12096859.2
are installed and working properly to ensure that each major facility project
performs according to the major facility project's overall environmental design
intent and operational objectives.
E.
(1)
For purposes of this Section, a major facility project shall mean either:
(a)
(b)
(2)
12096859.2
A state-funded new construction building project which is:
(i)
From the effective date of this Section through December
31, 2008, the project shall be larger than twenty thousand
gross square feet.
(ii)
From January 1, 2009 through December 31, 2009, the
project shall be larger than fifteen thousand gross square
feet.
(iii)
From January 1, 2010 through December 31, 2010, the
project shall be larger than ten thousand gross square feet.
(iv)
From January 1, 2011 and thereafter, the project shall be
larger than five thousand gross square feet.
A state-funded renovation project which involves more than fifty
percent of the replacement value of the facility or a change in
occupancy.
A major facility project shall not mean a building, regardless of size,
which does not have conditioned space as defined by Standard 90.1 of the
American Society of Heating, Refrigerating, and Air Conditioning
Engineers.
Maine (back to top)
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 153: PUBLIC IMPROVEMENTS
Subchapter 1-A: ENERGY CONSERVATION IN BUILDINGS ACT
1764. Life-cycle costs
1.
Bureau of General Services to adopt rules and procedures. The Bureau of
General Services shall adopt rules, including energy conservation guidelines that
conform as a minimum to the energy efficiency building performance standards
adopted by the Department of Economic and Community Development for
conducting an energy-related life-cycle costs analysis of alternative architectural
or engineering designs, or both, and shall evaluate the efficiency of energy
utilization for designs in the construction and lease of public improvements and
public school facilities. Any rules adopted take effect 90 days after the enactment
of this subchapter.
2.
Life-cycle costs. Any life-cycle costs must include:
3.
12096859.2
A.
The reasonably expected energy costs over the life of the building, as
determined by the designer, that are required to maintain illumination,
power, temperature, humidity and ventilation and all other energyconsuming equipment in a facility;
B.
The reasonable energy-related costs of probable maintenance, including
labor and materials and operation of the building, replacement costs over
the expected life of the facility and any other ownership cost issues
identified by the Bureau of General Services; and
C.
A comparison of energy-related and economic-related design alternatives.
The Bureau of General Services may direct the designer to select, include
and develop life-cycle costs for any viable alternatives that should be
considered.
Determination of life-cycle costs. To determine the life-cycle costs, the Bureau
of General Services shall adopt rules that include but are not limited to:
A.
The orientation and integration of the facility with respect to its physical
site;
B.
The amount and type of glass employed in the facility and the directions
of exposure;
C.
The effect of insulation incorporated into the facility design and the effect
on solar utilization to the properties of external surfaces;
D.
The variable occupancy and operating conditions of the facility and
subportions of the facility;
E.
Energy consumption analysis of the major equipment of the facility's
heating, ventilating and cooling system, lighting system, hot water system
and all other major energy-consuming equipment and systems as
appropriate. This analysis must include:
F.
4.
(1)
The comparison of alternative systems;
(2)
A projection of the annual energy consumption of major energyconsuming equipment and systems for a range of operations of the
facility over the life of the facility; and
(3)
The evaluation of the energy consumption of component
equipment in each system, considering operation of the
components at other than full or rated outputs.
The cost-effectiveness of integrating wind or solar electricity generating
equipment into the design and construction of the facility.
Annual updating of rules. Rules must be based on the best currently available
methods of analysis and provisions must be made for an annual updating of rules
and standards as required.
Title 5. Administrative Procedures and Services
Part 4. Finance
Chapter 153. Public Improvements (Refs & Annos)
Subchapter 1-A. Energy Conservation in Buildings Act (Refs & Annos)
§ 1764-A. Improvement of energy efficiency in state-funded construction
1. Definition. For purposes of this section, “substantially renovated” means any renovation for
which the cost exceeds 50% of the building's current value prior to renovation.
2. Rules. The Bureau of General Services, in consultation with the Public Utilities Commission,
shall by rule require that all planning and design for the construction of new or substantially
renovated state-owned or state-leased buildings and buildings built with state funds, including
buildings funded through state bonds or the Maine Municipal Bond Bank:
A. Involve consideration of architectural designs and energy systems that show the greatest
net benefit over the life of the building by minimizing long-term energy and operating
costs;
12096859.2
B. Include an energy-use target that exceeds by at least 20% the energy efficiency standards
in effect for commercial and institutional buildings pursuant to Title 10, section 1415-D;
and
C. Include a life-cycle cost analysis that explicitly considers cost and benefits over a
minimum of 30 years and that explicitly includes the public health and environmental
benefits associated with energy-efficient building design and construction, to the extent
they can be reasonably quantified.
Rules adopted pursuant to this section apply to all new or substantially renovated state-owned or
state-leased buildings and buildings built with state funds, including buildings funded through
state bonds or the Maine Municipal Bond Bank, regardless of whether the planning and design
for construction is subject to approval by the department.
Rules adopted pursuant to this section may provide for exemptions, waivers or other appropriate
consideration for buildings with little or no energy usage, such as unheated sheds or
warehouses.
The Bureau of General Services shall adopt rules pursuant to this section by July 1, 2004. Rules
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.1
3. Approval. A state agency responsible for approving the construction of a new or substantially
renovated state-owned or state-leased building and buildings built with state funds, including
buildings funded through state bonds or the Maine Municipal Bond Bank, may not grant such
approval unless the agency or other entity or organization proposing the construction can
show that it has duly considered the most energy-efficient and environmentally efficient
designs suitable in accordance with rules adopted pursuant to this section.
Title 20-A: EDUCATION
Part 7: SCHOOL FINANCE
Chapter 609: SCHOOL CONSTRUCTION
15908-A. School energy efficiency standards rules
1.
Definition. For purposes of this section, “substantially renovated” means any
renovation for which the cost exceeds 50% of the building's current value prior to
renovation.
2.
Rules. The state board, in consultation with the Department of Administrative and
Financial Services and the Public Utilities Commission, shall by rule require as a
condition for state funding for construction that, except as provided in subsection
4, all planning and design for new or substantially renovated schools or school
buildings subject to state board approval:
A.
12096859.2
Involve consideration of architectural designs and energy systems that
show the greatest net benefit over the life of the building by minimizing
long-term energy and operating costs;
B.
Include an energy-use target that exceeds by at least 20% the energy
efficiency standards in effect for commercial and institutional buildings
pursuant to Title 10, section 1415-D; and
C.
Include a life-cycle cost analysis that explicitly considers cost and benefits
over a minimum of 30 years and that explicitly includes the public health
and environmental benefits associated with energy-efficient building
design and construction, to the extent they can be reasonably quantified.
The state board shall adopt rules pursuant to this section by July 1, 2004. Rules adopted
pursuant to this section are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.
3.
Requirements for approval. Except as provided in subsection 4, the state board
shall withhold approval of a state-funded new or substantially renovated school or
school building if the local school authority proposing the project can not show
that it has duly considered the most energy-efficient and environmentally efficient
designs suitable in accordance with rules adopted pursuant to this section.
4.
Renovation of historic school buildings; waiver. The state board may, in
consultation with the Public Utilities Commission and the Executive Director of
the State Historic Preservation Commission, grant a waiver from the requirements
of this section on a case-by-case basis for instances of substantial renovation of a
historic school building. For the purposes of this subsection, “historic school
building” means a school building that is on the National Register of Historic
Places, eligible for nomination to the national register or designated as a historic
building by a certified municipal historic preservation ordinance.
A.
The state board shall grant a waiver request if, in the board's opinion, the
local school authority proposing the renovation project has demonstrated
that renovation of the historic school building would not compromise the
public health and safety requirements of this chapter and that 2 or more of
the following circumstances exist:
(1) Renovation of the historic school building is in substantial compliance
with the energy efficiency standards required under this section as
determined by the Public Utilities Commission;
(2) Renovation of the historic school building provides substantial energy
efficiency as determined by the Public Utilities Commission and also
provides education, social or environmental benefits as determined by
the department over alternative proposals, including, but not limited to,
any proposals to construct a new school on an alternative site; and
12096859.2
(3) Adherence to the energy building standards would result in irreparable
damage to the historic character of a historic school building as
determined by the Executive Director of the State Historic
Preservation Commission.
B.
An application for a waiver from the requirements of this section must be
submitted to the state board in accordance with requirements established
by the state board by rule pursuant to paragraph D. The waiver application
must include documentation to substantiate the conditions of this
subsection. If the request is denied, the state board shall communicate the
reasons for denying the request to the applicant.
C.
The state board shall render a decision on an application for a waiver from
the requirements of this section within 60 days of the receipt by the state
board of a complete application for a waiver. In rendering a decision, the
state board may place conditions upon the granting of a waiver. Failure on
the part of the state board to render a decision within the 60-day period
constitutes approval of the request for the waiver.
D.
The state board shall adopt or amend rules to implement the requirements
of this subsection. Rules adopted under this paragraph are routine
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
An Order Regarding the Use of Green Building Standards in State Buildings
December 8, 2011
27 FY 11/12
December 7, 2011
AN ORDER REGARDING THE USE OF GREEN BUILDING STANDARDS IN STATE
BUILDINGS
WHEREAS, the State of Maine is dedicated to the goals of energy efficiency, environmental
protection, and economic growth;
WHEREAS, the State should undertake initiatives that foster cost efficient and ecologically
responsible buildings;
WHEREAS, reducing long-term operations and maintenance costs is essential to the economic
health of our State;
WHEREAS, so-called “Green Building” standards have the potential to reduce waste in
building;
12096859.2
WHEREAS, said standards have certain requirements on the harvest of natural construction
materials, some of which recognize equally several forest certifications systems currently utilized
in Maine and North America;
WHEREAS, Maine is a national leader in the processing and availability of construction
materials that are certified under the Sustainable Forestry Initiative, Forest Stewardship Council,
American Tree Farm System, and Programme for the Endorsement of Forest Certification
systems; and
WHEREAS, recognizing all of these certifications equally will help promote sustainable forestry
in the State of Maine and help protect and develop thousands of good jobs while maintaining our
strong outdoor heritage;
NOW, THEREFORE, I, Paul R. LePage, Governor of the State of Maine, hereby order as
follows:
1. The design, construction, operation and maintenance of any new or expanded state
building shall incorporate “Green Building” standards that give certification credits
equally to forest products grown, manufactured, and certified under the Sustainable
Forestry Initiative, Forest Stewardship Council, American Tree Farm System and
Programme for the Endorsement of Forest Certification systems.
2. The design, construction, operation and maintenance of any existing state building to be
renovated shall incorporate “green building” standards that achieve significant energy
efficiency and environmental sustainability relevant to the scope of the renovation,
provided this can be accomplished on a cost-effective basis, considering construction and
operating costs over the life cycle of the improvement.
3. The Department of Administrative and Financial Services, through the Bureau of General
Services, is authorized to call upon any department, office, board, commission or agency
of state government to provide such information, resources or other assistance deemed
necessary to discharge its responsibilities under this Order. Each department, office,
board, commission, and agency of this state is required to cooperate with the Bureau of
General Services and to furnish it with assistance necessary to accomplish the purposes
of this Order. Such assistance may include sharing of information, the assignment of
staff, and the provision of support services.
4. Each department, office, board, commission or agency of state government is directed to
identify any policies not in conformance with this Executive Order, bring them into
conformance and submit them to the Governor’s Office by March 1, 2012.
5. For the purposes of this order, a “state building” includes any building owned,
constructed, or acquired by the State of Maine or any department, office, board,
commission, or agency thereof, including state-supported institutions of higher learning.
School administrative districts and municipalities are not subject to the requirements of
this Order.
The effective date of this Executive Order is December 7, 2011. This Executive Order
supersedes Executive Order 08 FY 04/05.
12096859.2
Paul R. LePage, Governor
12096859.2
Maryland (back to top)
State Finance and Procurement
Division I. State Finance [Titles 1-10]
Title 4. Department of General Services
Subtitle 8. Energy
Part II. Guidelines, Standards, and Procedures
§ 4-809. Maryland Green Building Council
In general
(a) There is a Maryland Green Building Council.
Members, composition
(b) The Council shall include:
(1) the Secretary of General Services, or the Secretary's designee;
(2) the Secretary of Budget and Management, or the Secretary's designee;
(3) the Secretary of the Environment, or the Secretary's designee;
(4) the Secretary of Housing and Community Development, or the Secretary's designee;
(5) the Secretary of Natural Resources, or the Secretary's designee;
(6) the Secretary of Planning, or the Secretary's designee;
(7) the Secretary of Transportation, or the Secretary's designee;
(8) the Director of the Maryland Energy Administration, or the Director's designee;
(9) the Director of the Interagency Committee on Public School Construction, or the
Director's designee;
(10) the Chancellor of the University System of Maryland, or the Chancellor's designee; and
(11) six members appointed by the Governor to represent environmental, business, and
citizen interests, one of whom has expertise in energy conservation or green building
design standards.
Term
(c)(1) The term of a member appointed by the Governor is 2 years.
(2) The terms of appointed members are staggered.
(3) At the end of a term, a member continues to serve until a successor is appointed and
qualifies.
(4) A member who is appointed after a term has begun serves only for the remainder of that
term and until a successor is appointed and qualifies.
(5) The Governor may remove an appointed member for incompetence, misconduct, or failure
to perform the duties of the position.
(6) A member appointed by the Governor may not receive compensation, but is entitled to
reimbursement for expenses under the Standard State Travel Regulations,1 as provided in
the State budget.
Chair
(d)(1) The Governor shall appoint a chair from among the Council members.
(2) The Council may act with an affirmative vote of nine members.
12096859.2
Staff
(e) Staff support to the Council shall be provided by the Department of General Services, with
assistance as necessary to be furnished by other involved agencies and units of State government.
Powers and duties
(f) The Maryland Green Building Council shall:
(1) evaluate current high performance building technologies;
(2) provide recommendations concerning the most cost-effective green building technologies
that the State might consider requiring in the construction of State facilities, including
consideration of the additional cost associated with the various technologies;
(3) provide recommendations concerning how to expand green building in the State; and
(4) develop a list of building types for which green building technologies should not be
applied, taking into consideration the operational aspects of facilities evaluated, and the
utility of a waiver process where appropriate; and
(5) establish a process for receiving public input.Reporting requirements
(g) On or before November 1 of each year, the Council shall report to the Governor and the
General Assembly, in accordance with § 2-1246 of the State Government Article, as to
recommendations for the implementation plan for a higher performance building program in the
State and any progress that has been made during the preceding year.
TAX - GENERAL
TITLE 10. INCOME TAX
SUBTITLE 7. INCOME TAX CREDITS
§ 10-722. Green buildings.
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Administration” means the Maryland Energy Administration.
(3)(i) “Allowable costs” means amounts properly chargeable to capital account, other than for
land, that are paid or incurred on or after July 1, 2001, for:
1. construction or rehabilitation;
2. commissioning costs;
3. interest paid or incurred during the construction or rehabilitation period;
4. architectural, engineering, and other professional fees allocable to construction or
rehabilitation;
5. closing costs for construction, rehabilitation, or mortgage loans;
6. recording taxes and filing fees incurred with respect to construction or rehabilitation;
and
7. finishes and furnishings consistent with the regulations adopted by the Administration
under this section, lighting, plumbing, electrical wiring, and ventilation.
(ii) “Allowable costs” does not include:
1. the cost of telephone systems and computers, other than electrical wiring costs;
2. legal fees allocable to construction or rehabilitation;
12096859.2
3. site costs, including temporary electric wiring, scaffolding, demolition costs, and
fencing and security facilities;
4. finishes or furnishings that are not consistent with the regulations adopted by the
Administration under this section; or
5. the cost of purchasing or installing fuel cells, wind turbines, or photovoltaic modules.
(4) “Applicable energy efficiency standards” means ASHRAE/IESNA Standard 90.1-1999,
Energy Standard for Buildings Except Low-Rise Residential Buildings, published by the
American Society of Heating, Refrigerating and Air-Conditioning Engineers.
(5) “Base building” means all areas of a building not intended for occupancy by a tenant or
owner, including the structural components of the building, exterior walls, floors, windows,
roofs, foundations, chimneys and stacks, parking areas, mechanical rooms and mechanical
systems, and owner-controlled or operated service spaces, sidewalks, main lobby, shafts and
vertical transportation mechanisms, stairways, and corridors.
(6) “Commissioning” means:
(i) the testing and fine-tuning of heat, ventilating, and air-conditioning systems and other
systems to assure proper functioning and adherence to design criteria; and
(ii) the preparation of system operation manuals and instruction of maintenance personnel.
(7) “Credit allowance year” means the later of:
(i) the taxable year during which:
1. the property, construction, completion, or rehabilitation on which the credit allowed
under this section is based is originally placed in service; or
2. a fuel cell, wind turbine, or photovoltaic module constitutes a qualifying alternate
energy source and is fully operational; or
(ii) the earliest taxable year for which the credit may be claimed under the initial credit
certificate issued under subsection (k) of this section.
(8) “Eligible building” means a building located in the State that:
(i) 1. is a building used primarily for nonresidential purposes if the building contains at
least 20,000 square feet of interior space;
2. is a residential multifamily building with at least 12 dwelling units that contains at
least 20,000 square feet of interior space; or
3. is any combination of buildings described in item 1 or 2 of this item;
(ii) in the case of a newly constructed building for which a certificate of occupancy was not
issued before July 1, 2001:
1. is located on a qualified brownfields site, as defined under § 5-301 of the Economic
Development Article; or
2. A. is located in a priority funding area under § 5-7B-02 of the State Finance and
Procurement Article; and
B. is not located on wetlands, the alteration of which requires a permit under § 404
of the federal Clean Water Act, 33 U.S.C. § 1344; and
(iii) in the case of a rehabilitation of a building:
1. is located in a priority funding area under § 5-7B-02 of the State Finance and
Procurement Article or on a qualified brownfields site as defined under § 5-301 of
the Economic Development Article; or
2. is not an increase of more than 25% in the square footage of the building.
(9) “Fuel cell” means a device that produces electricity directly from hydrogen or
hydrocarbon fuel through a noncombustive electrochemical process.
12096859.2
(10) “Green base building” means a base building that is part of an eligible building and meets
the requirements set out in subsection (i) of this section.
(11) “Green whole building” means a building for which the base building is a green base
building and all tenant space is green tenant space.
(12) “Green tenant space” means tenant space in a building if the building is an eligible
building and the tenant space meets the requirements of subsection (j) of this section.
(13) “Incremental cost of building-integrated photovoltaic modules” means:
(i) the cost of building-integrated photovoltaic modules and any associated inverter,
additional wiring or other electrical equipment for the photovoltaic modules, or
additional mounting or structural materials, less the cost of spandrel glass or other
building material that would have been used if building-integrated photovoltaic
modules were not installed;
(ii) incremental labor costs properly allocable to on-site preparation, assembly, and original
installation of photovoltaic modules; and
(iii) incremental costs of architectural and engineering services and designs and plans
directly related to the construction or installation of photovoltaic modules.
(14) “Qualifying alternate energy sources” means building-integrated and nonbuildingintegrated photovoltaic modules, wind turbines, and fuel cells installed to serve the base
building or tenant space that:
(i) have the capability to monitor their actual power output;
(ii) are fully commissioned upon installation, and annually thereafter, to ensure that the
systems meet their design specifications; and
(iii) in the case of wind turbines, meet any applicable noise ordinances.
(15) “Tenant improvements” means improvements that are necessary or appropriate to support
or conduct the business of a tenant or occupying owner.
(16) “Tenant space” means the portion of a building intended for occupancy by a tenant or
occupying owner.
Credit allowed, conditions and limitations
(b)(1) An individual or a corporation may claim a credit against the State income tax as provided
under this section for green buildings and green building components.
(2) If the credit allowed under this section exceeds the State income tax, any unused credit
may be carried forward and applied for succeeding taxable years until the earlier of:
(i) the full amount of the credit is used; or
(ii) the expiration of the 10th year after the taxable year for which the credit was allowed.
(3) For each of the credits under subsections (c) through (h) of this section, the credit may not
be allowed for any taxable year unless:
(i) the taxpayer has obtained and filed an initial credit certificate and an eligibility
certificate issued under subsection (k) of this section;
(ii) a certificate of occupancy for the building has been issued; and
(iii) the property with respect to which the credit is claimed is in service during the
taxable year.
(4) The total amount allowed in the aggregate for all credits under this section may not exceed
the maximum set forth in the initial credit certificate obtained under subsection (k) of this
section.
12096859.2
(5) In determining the amount of the credits under this section, a cost paid or incurred may not
be the basis for more than one credit.
Green whole building
(c)(1) For the taxable year that is the credit allowance year, an owner or tenant may claim a
credit in an amount equal to 8% of the allowable costs paid or incurred by the owner or
tenant for the construction of a green whole building or the rehabilitation of a building that
is not a green whole building to be a green whole building.
(2) The allowable costs used to determine the credit amount allowed under this subsection for
a green whole building may not exceed in the aggregate:
(i) $120 per square foot for that portion of the building that comprises the base building;
and
(ii) $60 per square foot for that portion of the building that comprises the tenant space.
Green base building
(d)(1) For the taxable year that is the credit allowance year, an owner may claim a credit in an
amount equal to 6% of the allowable costs paid or incurred by the owner for the
construction of a green base building or the rehabilitation of a building that is not a green
base building to be a green base building.
(2) The allowable costs used to determine the credit amount allowed under this subsection for
a green base building may not exceed, in the aggregate, $120 per square foot.
Green tenant space
(e)(1) For the taxable year that is the credit allowance year, an owner or tenant may claim a
credit in an amount equal to 6% of the allowable costs for tenant improvements paid or incurred
by the owner or tenant in the construction or completion of green tenant space or the
rehabilitation of tenant space that is not green tenant space to be green tenant space.
(2)(i) The allowable costs used to determine the credit amount allowed under this subsection
for green tenant space may not exceed, in the aggregate, $60 per square foot.
(ii) If an owner and tenant both incur allowable costs for tenant improvements under this
subsection and the costs exceed $60 per square foot in the aggregate, the owner has priority as to
costs constituting the basis for the green tenant space credit under this subsection.
(3) The credit under this subsection for green tenant space may not be claimed by an owner
of a building that occupies fewer than 10,000 square feet of the building.
(4) The credit under this subsection for green tenant space may not be claimed by a tenant
that occupies fewer than 5,000 square feet.
Installation of a fuel cell
(f)(1) For the taxable year that is the credit allowance year, an owner or tenant may claim a credit
in the amount determined under this subsection for the installation of a fuel cell that is a
qualifying alternate energy source and is installed to serve a green whole building, green base
building, or green tenant space.
(2) The amount of the credit allowed under this subsection is 30% of the sum of the
capitalized costs paid or incurred by an owner or tenant with respect to each fuel cell
installed, including the cost of the foundation or platform and the labor costs associated with
installation.
12096859.2
(3) The costs used to determine the credit amount allowed under this subsection for
installation of a fuel cell:
(i) may not exceed $1,000 per kilowatt of installed DC rated capacity of the fuel cell; and
(ii) shall be reduced by the amount of any federal, State, or local grant:
1. received by the taxpayer and used for the purchase or installation of the fuel cell; and
2. not included in the federal gross income of the taxpayer.
Installation of photovoltaic modules
(g)(1) For the taxable year that is the credit allowance year, an owner or tenant may claim a
credit in the amount determined under this subsection for the installation of photovoltaic
modules that constitute a qualifying alternate energy source and are installed to serve a green
whole building, green base building, or green tenant space.
(2) The amount of the credit allowed under this subsection is:
(i) 20% of the incremental cost paid or incurred by an owner or tenant for building-integrated
photovoltaic modules; and
(ii) 25% of the cost of nonbuilding-integrated photovoltaic modules, including the cost of the
foundation or platform and the labor costs associated with installation.
(3) The costs used to determine the credit amount allowed under this subsection for
installation of photovoltaic modules:
(i) may not exceed the product obtained by multiplying $3 times the number of watts included in
the DC rated capacity of the photovoltaic modules; and
(ii) shall be reduced by the amount of any federal, State, or local grant:
1. received by the taxpayer and used for the purchase or installation of the photovoltaic
equipment; and
2. not included in the federal gross income of the taxpayer.
Installation of a wind turbine
(h)(1) For the taxable year that is the credit allowance year, an owner or tenant may claim a
credit in the amount determined under paragraph (2) of this subsection for the installation
of a wind turbine that is a qualifying alternate energy source and is installed to serve a
green whole building, green base building, or green tenant space.
(2) The amount of the credit allowed under this subsection is 25% of the sum of the
capitalized costs paid or incurred by an owner or tenant with respect to each wind turbine
installed, including the cost of the foundation or platform and the labor costs associated with
installation.
Standards for green base building
(i)(1) By regulation, the Administration shall adopt standards for a building to qualify as a green
base building eligible for the tax credits under this section that are consistent with the
criteria for green base buildings set forth by the United States Green Building Council or
other similar criteria.
(2) The regulations adopted under this subsection shall provide that the energy use shall be
no more than 65% for new construction of a base building, or 75% in the case of
rehabilitation of a base building, of the energy use attributable to a reference building that
meets the requirements of applicable energy efficiency standards.
12096859.2
Standards for green tenant space
(j)(1) By regulation, the Administration shall adopt standards for tenant space to qualify as green
tenant space eligible for the tax credits under this section that are consistent with the
criteria for green tenant space set forth by the United States Green Building Council or
other similar criteria.
(2) The regulations adopted under this subsection shall provide that the energy use shall be
no more than 65% for new construction, or 75% in the case of rehabilitation, of the energy
use attributable to a reference building that meets the requirements of applicable energy
efficiency standards.
Initial credit certificate
(k)(1)(i) On application by a taxpayer, the Administration shall issue an initial credit certificate if
the taxpayer has made a showing that the taxpayer is likely within a reasonable time to
place in service property for which a credit under this section would be allowed.
(ii) The initial credit certificate issued under this paragraph:
1. shall state the earliest taxable year for which the credit may be claimed and an
expiration date; and
2. shall apply only to property placed in service on or before the expiration date.
(iii) To avoid unwarranted hardship, the Administration at its discretion may extend the
expiration date stated under an initial credit certificate.
(iv) The initial credit certificate shall state the maximum amount of credit allowable in the
aggregate for all credits allowed under this section.
(v) The Administration may not issue initial credit certificates, in the aggregate, for more
than $25,000,000 worth of credits.
(vi) Except as provided in subparagraph (vii) of this paragraph, initial credit certificates
shall be limited in their applicability, as follows:
Credits in the aggregate may
With respect to taxable
not be allowed for more than:
years beginning:
$1 million
2003
$2 million
2004
$3 million
2005
$4 million
2006
$5 million
2007
$4 million
2008
$3 million
2009
$2 million
2010
$1 million
2011
(vii) As of the end of a calendar year, if certificates for credit amounts totaling less than the
amount permitted with respect to taxable years beginning in that calendar year have
been issued, the maximum amount that may be allowed for taxable years beginning in
the subsequent calendar year shall be increased by the amount of the preceding year's
shortfall.
(viii) The Administration may not issue an initial credit certificate after December 31,
2011.
12096859.2
(ix) On January 1, 2004, and each year thereafter, the Administration shall provide to the
Comptroller a list of all taxpayers in the prior taxable year that have been issued an
initial credit certificate and shall specify for each taxpayer the earliest taxable year for
which the credit may be claimed and the maximum amount of the credit allowable in
the aggregate for all credits allowed under this section.
(2)(i) For each taxable year for which a taxpayer claims a credit under this section with
respect to a green whole building, green base building, green tenant space, fuel cell,
photovoltaic module, or wind turbine, the taxpayer shall obtain an eligibility certificate from
an architect or professional engineer licensed to practice in this State.
(ii) An eligibility certificate issued under this paragraph shall consist of a certification,
under the seal of the architect or engineer, that the property that is the basis for the credit
that is claimed is in service and that:
1. the building, base building, or tenant space with respect to which the credit is
claimed is a green whole building, green base building, or green tenant space; and
2. any fuel cell, photovoltaic module, or wind turbine with respect to which the credit
is claimed constitutes a qualifying alternate energy source and is fully operational.
(iii) The certification under subparagraph (ii) of this paragraph:
1. shall be made in accordance with the regulations adopted by the Administration
under this section specifying the standards and guidelines for each credit under this
section; and
2. shall set forth the specific findings on which the certification was based.
(iv) The taxpayer shall file the eligibility certificate and the associated initial credit
certificate with the taxpayer's income tax return and shall file duplicate copies of the
eligibility certificate with the Administration.
(v) The eligibility certificate shall include:
1. sufficient information to identify each building or space; and
2. any other information that the Administration or the Comptroller requires by
regulation.
(3) If the Administration has reason to believe that an architect or professional engineer, in
making any certification under this subsection, engaged in professional misconduct, the
Administration shall inform the appropriate professional board of the suspected misconduct.
(4)(i) The Comptroller and the Administration may adopt regulations necessary to carry out
the provisions of this section.
(ii) Regulations adopted under this section shall construe the provisions of this section in
such a manner as to encourage the development of green whole buildings, green base
buildings, and green tenant space and to maintain high, but commercially reasonable,
standards for obtaining tax credits under this section.
(5) On or before April 1, 2005, the Comptroller and the Administration, jointly and in
consultation with the Department of the Environment, shall submit to the Governor and,
subject to § 2-1246 of the State Government Article, to the General Assembly, a written
report regarding:
(i) the number of certifications and taxpayers claiming the credit under this section;
(ii) the amount of the credits claimed;
(iii) the geographical distribution of the credits claimed; and
(iv) any other available information the Administration determines to be meaningful and
appropriate.
12096859.2
(6) The Comptroller shall ensure that the information is presented and classified in a manner
consistent with the confidentiality of tax return information.
Regulations
(l) On or before July 1, 2002, the Administration, in consultation with the Department of the
Environment and the Department of Natural Resources, shall adopt regulations with respect to
the certification of green whole buildings, green base buildings, and green tenant space that are
consistent with criteria set forth by the State's Green Buildings Council or other similar criteria
for:
(1) energy use;
(2) appliance and heating, cooling, and hot water equipment standards;
(3) air conditioning equipment, including chillers;
(4) building materials, finishes, and furnishings;
(5) stormwater runoff for new construction;
(6) water conservation and efficiency; and
(7) indoor air quality, in consultation with the Department of Health and Mental Hygiene.
Public Safety
Title 12. Building and Material Codes; Other Safety Provisions
Subtitle 5. Maryland Building Performance Standards
§ 12-509. Construction of high-performance homes encouraged
High-performance home defined
(a) In this section, “high-performance home” means a new residential structure that meets or
exceeds the current version of:
(1) the Silver rating of the International Code Council's 700 National Green Building
Standards; or
(2) the Silver rating of the U.S. Green Building Council's LEED (Leadership in Energy and
Environmental Design) for Homes Rating System.
Encouragement from Department
(b) The Department shall encourage the construction of new residential structures in the State
that are high-performance homes.
TAX - PROPERTY
TITLE 9. PROPERTY TAX CREDITS AND PROPERTY TAX RELIEF
SUBTITLE 2. STATEWIDE OPTIONAL
§ 9-242. High performance buildings.
(a)(1) Subject to paragraph (2) of this subsection, in this section, “high performance building”
means a building that:
12096859.2
(i) achieves at least a silver rating according to the U.S. Green Building Council's LEED
(Leadership in Energy and Environmental Design) green building rating system as
adopted by the Maryland Green Building Council;
(ii) is a residential building that achieves at least a silver rating according to the
International Code Council's 700 National Green Building Standards;
(iii) achieves at least a comparable rating according to any other appropriate rating
system; or
(iv) meets comparable green building guidelines or standards approved by the State.
(2) For purposes of paragraph (1) of this subsection, under LEED Credit MR7 or a similar
criterion in a comparable rating system, credit may be awarded for the use of wood-based
materials derived from all credible sources, including the Sustainable Forestry Initiative
Program, the Canadian Standards Association, the American Tree Farm System, and other
credible certified sources programs.
(b) The Mayor and City Council of Baltimore City or the governing body of a county or of a
municipal corporation may grant, by law, a tax credit against the county or municipal corporation
property tax imposed on a high performance building.
(c) A county or municipal corporation may provide, by law, for:
(1) the amount of a property tax credit under this section;
(2) the duration of a property tax credit under this section;
(3) the criteria and qualifications necessary to receive the credit; and
(4) any other provision necessary to carry out this section.
Public Utilities (Refs & Annos)
Division II. Washington Suburban Sanitary Commission
Title 21. Property and Land Use Matters
Subtitle 1. Acquisition and Disposition of Property
§ 21-104. Use of green building technologies with capital projects
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “High performance building” means a building that:
(i) meets or exceeds the current version of the U.S. Green Building Council's Leadership
in Energy and Environmental Design (LEED) Green Building Rating System Silver
rating; or
(ii) achieves at least a comparable numeric rating according to a nationally recognized,
accepted, and appropriate numeric sustainable development rating system, guideline, or
12096859.2
standard approved by the Secretary of Budget and Management and the Secretary of
General Services.
(3) “Major renovation” means the renovation of a building where:
(i) the building shell is to be reused for the new construction;
(ii) the heating, ventilating, and air-conditioning (HVAC), electrical, and plumbing
systems are to be replaced; and
(iii) the scope of the renovation is 7,500 square feet or greater.
Legislative intent
(b) It is the intent of the General Assembly that, to the extent practicable:
(1) the Commission shall employ green building technologies when constructing or
renovating a Commission-owned building not subject to this section; and
(2) high performance buildings shall meet the criteria and standards established under the
“High Efficiency Green Building Program” adopted by the Maryland Green Building
Council.
Buildings 7,500 square feet or greater
(c) Except as provided in subsections (d) and (e) of this section, if a capital project includes the
construction or major renovation of a building that is 7,500 square feet or greater, the building
shall be constructed or renovated to be a high performance building.
Unoccupied buildings not required to be high performance
(d) The following types of unoccupied buildings are not required to be constructed or renovated
to be high performance buildings:
(1) warehouse and storage facilities;
(2) garages;
(3) maintenance facilities;
(4) transmitter buildings;
(5) pumping stations; and
(6) other similar types of buildings, as determined by the Commission.
Request for waivers from compliance
(e)(1) The Commission may request from the county where the proposed capital project is
located a waiver from complying with subsection (c) of this section.
(2) On receipt of a written request of a waiver under this subsection, with approval of the
county executive, the county council of the county where the proposed capital project is
located may issue a waiver under this subsection if the county council determines that the
use of a high performance building in a proposed capital project is not practicable.
12096859.2
Massachusetts (back to top)
§ 30. Evaluation of energy consumption of buildings and their major energy using systems
The director of facilities management shall make provision, as part of development of an
inventory of buildings owned or otherwise occupied by state agencies or building authorities
pursuant to section 24, for evaluation of the energy consumption of each building and its major
energy using systems. The director may, with the approval of the commissioner and subject to
appropriation or allocation, hire consultants for the purpose of performing energy audits
designed to determine the need for energy conservation projects.
The director shall recommend to the commissioner standards and guidelines governing energy
conservation maintenance and operating procedures.
The director shall in conjunction with the commissioner of energy resources set priorities and
energy efficiency standards for all state buildings and conduct energy audits of said buildings.
The bureau may contract with professional consulting firms to perform the energy audits.
All energy conservation projects within the jurisdiction of the division) of capital asset
management and maintenance as defined by section 4, including projects funded out of any
lump-sum energy conservation fund or account, shall be fully subject to this chapter except that
alternative energy property program projects authorized pursuant to section 11 of chapter 25A
shall not be subject to sections 11 and 12, sections 13 to 28, inclusive, or this section.
§ 31. Evaluation of potential for increasing energy efficiency in buildings owned or leased
by an authority or state agency
The division of capital asset management and maintenance shall evaluate the potential for
increasing the energy efficiency in each building owned by an authority or state agency, or
leased by such authority or agency for at least a 10 year period. Energy efficiency measures, as
used in this section shall include, but not be limited to, heating, air-conditioning, lighting, water,
and electric systems powered by coal, electricity, natural gas, oil.
The annual energy cost savings realized by each authority or agency shall be retained in that the
authority or agency utility account and applied to additional energy efficiency measures in
subsequent years.
Actions taken by the division of capital asset management and maintenance in accordance with
this section shall be coordinated with ongoing energy conservation projects in state-owned or
leased buildings. Utility programs offering energy auditing services shall be used whenever
appropriate.
The term “authority” used in this section shall not include authorities of cities or towns, such as
local housing projects.
12096859.2
EXECUTIVE ORDER NO. 484
LEADING BY EXAMPLE—CLEAN ENERGY AND EFFICIENT BUILDINGS
WHEREAS, buildings are significant users of energy, water and natural resources,
consuming 39% of U.S. energy, 70% of U.S electricity, 12% of U.S. potable water, and 40% of
raw materials globally;
WHEREAS, the Commonwealth of Massachusetts manages over 64 million square feet
of buildings at hundreds of facilities, which annually consume over 1 billion kilowatt hours of
electricity, 22 million gallons of heating oil, and 46 million therms of natural gas;
WHEREAS, such energy consumption results in greenhouse gas emissions totaling more
than 1.1 million tons per year, equivalent to the emissions generated by more than 200,000 cars
driven for one year;
WHEREAS, environmental and health issues related to energy consumption, such as
global climate change, regional mercury contamination, and urban asthma rates are critical issues
that need to be addressed immediately and comprehensively;
WHEREAS, state government has an obligation to lead by example and demonstrate that
large entities such as state colleges and universities, prisons, hospitals and others can make
significant progress in reducing their environmental impacts, thereby providing a model for
businesses and private citizens;
WHEREAS, by setting clean energy targets and developing clean energy practices, state
agencies can play an important role in the development and support of new and local
technologies, fostering innovation and benefiting the Massachusetts economy;
WHEREAS, leading-by-example programs can not only reduce environmental and health
impacts but can also lead to significant cost savings;
WHEREAS, the Commonwealth is already committed to environmental protection and
resource conservation through a variety of regional and state commitments, including, but not
limited to, the Clean State Initiative, the Massachusetts Beyond 2000 Solid Waste Master Plan,
the New England Governors/Eastern Canadian Premiers 2001 Climate Change Action Plan, the
Commonwealth’s Climate Protection Plan, the Toxics Use Reduction Reform Act of 2006, the
Massachusetts Zero Mercury Strategy, and the Mass. LEED Plus green building standards for
state construction;
WHEREAS, all the clean energy and environmental efforts under way within state
government operations should be coordinated to ensure that programs are developed and
implemented as effectively and efficiently as possible;
WHEREAS, this Administration intends to send a clear message to all state agencies that
practicing what we preach is a priority and that agencies should integrate clean energy,
12096859.2
environmental protection, and resource conservation programs, policies and procedures into all
appropriate aspects of governing;
NOW, THEREFORE, I, Deval L. Patrick, Governor of the Commonwealth of
Massachusetts, by virtue of the authority vested in me by the Constitution, Part 2, c. 2, § I, Art. I,
order as follows:
I affirm that state agencies shall prioritize practices and programs that address resource
use at state facilities, including a reduction in energy consumption derived from fossil fuels and
emissions associated with such consumption.
Furthermore, I direct the Executive Offices of Energy and Environmental Affairs
(EOEEA) and Administration and Finance (A&F) to establish and direct a Leading by Example
Program (the Program), the purpose of which shall be to oversee and coordinate efforts at state
agencies, including all UMass campuses and all state and community colleges, to reduce their
environmental impact. Such efforts shall include, but not be limited to, the provisions of this
Order to promote energy conservation and clean energy practices, as well as waste reduction and
recycling, environmentally preferable procurement, toxics use reduction, water conservation,
sustainable transportation, open space and natural resource protection, and improved compliance
practices.
The Secretaries of EOEEA and A&F or their designees shall co-chair the Leading by
Example Council (Council), which shall consist of members from each of the Commonwealth
Executive Offices, with specific additional membership to be determined by the co-chairs. The
purposes of the Council shall be to provide advice and feedback to the Program to facilitate the
implementation of key initiatives that will result in reduced environmental impacts at state
agencies. The Council shall coordinate efforts with all agencies, who shall appoint program
coordinators to act as liaisons between the Council and agency staff and support Program efforts.
Furthermore, the Program shall direct all efforts across state government to track and
measure progress toward clean energy and environmental goals, develop long-term programs at
state facilities to identify and implement cost-effective initiatives that will result in
environmental improvement, and offer educational and training efforts necessary to carry out the
provisions of this Order and other related directives. Agencies shall provide all necessary
support to the Council and Program and agency staff shall serve, as appropriate, on the Council
or other internal committees as requested by the Secretaries of EOEEA and A&F. Agencies
shall also provide all requested data related to facility operations and energy use at least annually
or on an alternative schedule determined by the Council.
I.
Energy Targets for Agency Buildings
All Commonwealth agencies as a whole and, to the greatest extent feasible individually,
shall meet the following targets:

12096859.2
Reduce greenhouse gas emissions that result from state government operations by
25% by Fiscal Year 2012, 40% by 2020 and 80% by 2050. In calculating
emissions, agencies shall use Fiscal Year 2002 as the baseline, and emissions
reductions shall be measured on an absolute basis and not adjusted for facility
expansion, load growth, or weather.

Reduce overall energy consumption at state owned and leased (at which the state
pays directly for energy) buildings by 20% by Fiscal Year 2012 and 35% by
2020. Such reductions shall be based on a Fiscal Year 2004 baseline and
measured on a BTU per square foot basis.

Procure 15% of agency annual electricity consumption from renewable sources by
2012 and 30% by 2020. This mandate may be achieved through procurement of
renewable energy supply, purchase of renewable energy certificates (RECs) in
accordance with EOEEA guidance and/or through the production of on-site
renewable power. Only renewable sources that qualify for the Massachusetts
Renewable Portfolio Standard (RPS) shall be eligible. Alternative compliance
payments under 225 CMR 14.08 shall not be required under this Order.

Utilize bio heat products with a minimum blend of 3% bio based materials for all
heating applications that use #2 fuel starting with the winter of 2007-2008, and
10% bio heat blend by 2012.

All new construction and major renovations, effective immediately, must meet the
Mass. LEED Plus green building standard established by the Commonwealth of
Massachusetts Sustainable Design Roundtable.

Reduce potable water use, as compared to 2006, by 10% by 2012 and 15% by
2020.
Where appropriate, EOEEA, A&F and the Council shall establish alternative baselines
and guidelines for meeting the above targets.
II.
Clean Energy Committee
A Clean Energy Committee, to be chaired by Secretary of the Executive Office of Energy
and Environmental Affairs and the Commissioner of the Division of Capital Asset Management
(DCAM), or their designees, shall be established to facilitate implementation of this Order and to
assist agencies in their efforts to meet the targets and requirements herein. The Committee shall
consist of representatives of the Division of Energy Resources (DOER), the Operational Services
Division (OSD), and other agencies as determined by the chairs. The Committee shall meet
regularly and shall communicate with agencies through designated Program Coordinators, who
shall be responsible for disseminating all applicable information from the Committee to agency
staff, coordinating agency energy activities, and tracking and reporting all requested energy
consumption data to the Committee and Council.
The Committee shall, by February 1st of each year, submit to the Governor an annual
report on the results of energy conservation actions taken by agencies during the prior fiscal year,
the environmental and economic impacts of such actions, and recommendations for future
12096859.2
energy reductions. The Committee shall also solicit advice on energy reduction goals from
experts outside of state government, including, but not limited to, federal agencies, other states,
and not-for-profit organizations. The Committee shall also consider and propose longer-term
energy conservation strategies for state government and submit such proposals to the Governor.
III.
Energy Measures and Strategies
To meet the above targets, agencies may utilize a variety of energy conservation, energy
efficiency and renewable energy strategies, including but not limited to:

Comprehensive on-site energy efficiency programs

Installation of energy efficient HVAC equipment

Fuel switching

Purchase of energy efficient products

Increased energy conservation by employees

Installation of on-site renewable energy and combined heat and power systems

Procurement of renewable energy

Use of bio-based and other alternative fuels

Purchase of Renewable Energy Certificates
To meet the goals of this Order, all agencies shall adopt, where applicable, specific
measures including but not limited to:
Energy Conservation

Develop and disseminate an agency-wide policy that encourages employees to reduce
energy use by turning off lights in rooms when not in use, shutting down computers when
leaving work, minimizing use of personal appliances, and other actions that will lead to a
reduction in energy consumption and costs.

Run dishwashers and laundry equipment only when fully loaded.

Set thermostats 2 degrees lower than usual during the winter and 2 degrees higher than
usual during the summer.

Reduce lighting in common areas without compromising safety.

Minimize energy use at facilities during non-work hours.
12096859.2
Energy Efficient Products
I direct the Environmentally Preferable Products (EPP) Program of OSD to continue to
make energy efficient products available on statewide contracts that meet the needs of state
agencies and the requirements of this Order. Agencies shall also adopt, where applicable,
specific energy efficiency measures including but not limited to the following:

Use only efficient lights such as compact fluorescent lamps, LED lighting, or
other similar products. Until further notice, agencies shall be prohibited from
purchasing incandescent lights unless absolutely necessary to meet a specific and
unique agency need.

Install LED and/or photoluminescent exit signs to replace those with incandescent
or fluorescent lighting wherever cost effective.

Install programmable thermostats.

Install motion sensors or timing devices in rooms that are used only
intermittently, such as conference rooms, bathrooms, etc.

Procure only computers, monitors, copiers, printers, and other office equipment
that are EnergyStar qualified, enable all EnergyStar features upon installation, and
establish policies and procedures to ensure that such equipment continues to
operate efficiently during its life.
Energy Efficiency Programs
I direct the Division of Capital Asset Management, in collaboration with EOEEA, to
maximize the number and scope of energy efficiency efforts at state facilities. DCAM and
EOEEA shall, in consultation with A&F, identify and recommend appropriate changes to
construction laws and financing mechanisms necessary to ensure that the following goals are
achieved by the end of Fiscal Year 2012:

Comprehensive, large-scale energy efficiency projects at all appropriate facilities
over 100,000 square feet.

Implementation of energy efficiency programs such as installation of new
equipment, agency coordinated performance contracts, and lighting retrofits at all
facilities where the cost of such programs is less than $1 million.

Completion of smaller energy efficiency projects at all appropriate smaller state
facilities where the cost of such projects is less than $100,000, and electric and
gas utility incentive programs cover a significant portion of the project cost.
Furthermore, DCAM and EOEEA shall coordinate efforts to ensure that:
12096859.2

All renovation and new construction projects identify and utilize all available
utility rebates.

All applicable buildings over 50,000 square feet undergo a “retro-commissioning”
process to identify and implement low-cost and no-cost energy and water
conservation measures with short payback periods.

Changes to building processes, funding mechanisms and regulations that are
necessary to meet the goals of this Order are developed and implemented.
In addition, DCAM is directed to ensure that site selection for leased space considers
energy performance.
Energy Training and Maintenance
DCAM’s Office of Facilities Maintenance shall, in coordination with agencies:
IV.

Develop and implement a facility maintenance program and schedule for lighting
and HVAC systems, including but not limited to, lubricating, balancing, aligning,
vacuuming, cleaning, and checking seals, to ensure optimum efficiency.

Ensure that all appropriate staff receive regular training on proper facility
management and maintenance practices.
Renewable Energy
To achieve the renewable energy goals of this Order and obtain 15% of agency electricity
from renewable resources by 2012 and 30% by 2020, agencies shall make every effort to power
their facilities with clean, renewable energy resources (e.g. wind, solar PV, solar thermal,
biomass, landfill gas, anaerobic digestion) that are RPS eligible. Such efforts may include the
installation of on-site distributed generation, the purchase of renewable power from energy
suppliers, and/or the use of Renewable Energy Certificates (RECs) in compliance with the REC
guidance established by EOEEA.
EOEEA, DCAM, OSD and DOER shall continue to assist agencies in meeting these
goals through bundled clean electricity contracts, technical and financial assistance, project
management and policy initiatives. These entities shall continue to monitor and evaluate
options for increasing the renewable energy portfolio of state government’s electricity use.
V.
Biofuels
To achieve the 3% bioheat goal of this Order, agencies shall commence the purchase of
this fuel as of October 1, 2007 for all facilities that use #2 heating oil, or as soon as available
through statewide contracts. To facilitate agency use of this fuel, EOEEA and OSD shall
conduct informational and training sessions prior to October 1, 2007 to address any questions
and report on the result of the bioheat pilot conducted during the winter of 2006-2007.
12096859.2
Additionally, OSD is hereby directed to establish a heating fuel contract that specifies biofuel for
oil heating products specified by this Order.
Furthermore, I direct EOEEA and OSD to work with cities and towns to inform them of
this new policy and encourage them to utilize bioheat. Pending availability, performance and
cost, EOEEA and OSD shall review annually the use of bioheat and develop recommendations
for increasing the bioheat goals in this Order to a minimum of 10% by 2012.
VI.
Building Design and Construction
DCAM and all agencies involved in the construction and renovation of state facilities
shall ensure that all new construction and major renovation projects are energy and water
efficient, conserve the use of resources, and provide healthy and productive spaces for
employees, clients, and visitors.
To achieve these goals, I endorse the recommendations of the Commonwealth of
Massachusetts Sustainable Design Roundtable (Roundtable), which require all new construction
at state agencies and significant renovation projects over 20,000 square feet to meet a Mass.
LEED Plus building standard. For projects smaller than 20,000 square feet, all projects shall at
least meet the minimum energy performance standards established by the Roundtable.
The Mass. LEED Plus standard includes:

Certification by the U.S. Green Building Council Leadership in Energy and
Environmental Design (LEED) program for all new construction and major
renovation projects over 20,000 square feet;

Energy Performance 20% better than the Massachusetts Energy Code;

Independent 3rd party commissioning;

Reduction of outdoor water consumption by 50% and indoor water consumption
by 20% relative to standard baseline projections; and

Conformance with at least 1 of 4 identified smart growth criteria.
The Mass. LEED Plus standard shall apply to all projects overseen by DCAM and any
other executive agency, as well as those that are built for use by state agencies on state land. In
addition, EOEEA shall coordinate efforts to incorporate the Mass. LEED Plus standard into all
non-executive branch agencies involved in construction. EOEEA and DCAM shall report each
year on progress made with regard to integration of this standard into state building projects.
Furthermore, whenever DCAM requires the construction of a new building to be leased
by DCAM, DCAM shall establish and incorporate energy performance criteria consistent with
the energy goals of this Order.
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Additionally, I direct EOEEA and DCAM to support education and training programs for
agency personnel and periodically consult with design and construction practitioners to review
progress in meeting green building standards, develop strategies to improve communication of
the benefits of green buildings, and identify new opportunities for expanded green building
efforts.
VII.
Distributed Generation
In order to facilitate the installation of on-site renewable energy and Combined Heat and
Power projects, within 6 months of the date of this Order, the DOER shall provide an analysis of
the barriers to distributed generation that impede the successful completion of such projects at
state facilities and, through collaboration with DCAM, OSD, and the Comptroller’s office, shall
develop recommendations on addressing identified barriers.
Forward Capacity Market
In order to take advantage of the new ISO-New England Forward Capacity Market
(FCM) Program, including the Demand Response Program, which allocate payments for new
electric generation capacity, and measurable reductions in electricity use, agencies shall identify
and submit all applicable projects for inclusion in the FCM program. DCAM shall coordinate
this effort and, in collaboration with EOEEA and OSD, establish the necessary vehicles to
facilitate agency participation in this program as well as ensure that payments received are
allocated to agencies for additional energy reduction activities. DCAM may elect to allocate
portions of FCM payments in order to manage this program as well as other related energy
efforts.
IX.
Energy Tracking
The EOEEA is hereby charged with development and implementation of an Energy
Information System (EIS) that shall facilitate the tracking of agency energy use and prioritization
of energy efficiency programs and projects at state facilities. Such a system will allow facilities
to compare building energy consumption and rate energy performance of Commonwealth
buildings. DOER and DCAM shall collaborate in the development of the EIS and shall work to
ensure that DCAM information systems, such as CAMIS, are effectively linked with any new
energy tracking systems. EOEEA and DCAM shall annually track all energy use at state
facilities to determine compliance with the goals of this Order and, as appropriate, share this data
with other state agencies to further the purposes of this Order.
The development of the EIS shall not eliminate the need for agencies to track other
energy and water use and submit annual data to EOEEA as directed by the Council.
X.
Water Conservation
Agencies shall make every effort to reduce overall water use and increase water use
efficiency to the maximum extent possible. Toward this end, all state agencies shall reduce
water use through the following indoor and outdoor measures:
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Indoor Water Consumption

Conduct periodic water audits and system-wide leak detection programs.

Work toward metering all significant water uses.

Strictly apply plumbing codes, and actively promote waterless plumbing fixtures,
where appropriate.

Replace and retrofit older water consuming equipment, such as toilets, faucets and
showerheads, with modern, more efficient devices as quickly as possible.

Implementation of energy efficiency programs such as installation of new
equipment, agency coordinated performance contracts, and lighting retrofits at all
facilities where the cost of such programs is less than $1 million.
Outdoor Water Consumption
XI.

Minimize, and wherever possible eliminate, use of potable water and groundwater
for outdoor watering purposes, street cleaning, and building washing.

Lower watering frequency.

Improve watering efficiency by watering lawns and plants only when necessary
through use of moisture sensors and/or drip irrigation techniques.

Incorporate Low Impact Development (LID) techniques wherever possible,
including use of natural landscaping, permeable pavement, and native and drought
resistant vegetation to prevent run-off and ensure rainwater infiltration into the
groundwater.

When procuring services for lawn and landscape maintenance, require contractors
to minimize water use wherever possible through incorporation of the above
techniques.
Technology
Agencies are hereby directed to analyze and consider use of innovative technologies
wherever possible, either on a pilot- or long-term basis, when such technologies can demonstrate
environmental and fiscal benefits. Where possible, and to the extent permitted by law, agencies
shall work to identify technologies developed and/or manufactured in Massachusetts.
XII.
Financing
In order to facilitate the above efforts, EOEEA and A&F shall, within 6 months of the
effective date of this Order, submit to me recommendations concerning financing options that
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will result in energy and water improvements at state facilities without requiring significant
infusion of state funding.
XIII.
Resources and Commitment
All agencies shall provide the necessary resources and commitment to meet the goals of
this Order.
XIV. Effective Date
This Order shall take effect immediately and shall continue in effect until amended,
superseded, or revoked by subsequent Executive Order. This Order shall supersede Executive
Order No. 438 and all provisions contained in Administration Bulletin #11 and #12.
Given at the Executive Chamber in Boston this 18th day of April in the year of our Lord
two thousand and seven, and of the Independence of the United States of America two hundred
and thirty-one.
EXECUTIVE ORDER NO. 515 - ESTABLISHING AN ENVIRONMENTAL PURCHASING POLICY
WHEREAS, the Commonwealth of Massachusetts purchases an estimated $600 million of goods
and non-construction services per year, resulting in environmental and public health impacts
related to the production, transport, use, and disposal of the products it consumes;
WHEREAS, it is now widely recognized that, through the procurement of environmentally
preferable products and services, large institutions such as the Commonwealth of Massachusetts
can directly reduce the environmental and health-related impacts of its consumption, lower lifecycle costs, promote local economic development, and serve as a model for businesses,
institutions, and individual residents;
WHEREAS, by focusing on environmentally preferable products and services, the
Commonwealth can encourage manufacturers and service providers to incorporate
environmental and sustainability considerations into their products and operations locally,
nationally, and even globally;
WHEREAS, Massachusetts has taken a leadership role toward a green energy future with the
passage of the Green Communities Act, Global Warming Solutions Act, Clean Energy Biofuels
Act, and Green Jobs Bill, all of which are designed to facilitate energy reduction, increase the
use of renewable energy, reduce Commonwealth greenhouse gas emissions, and stimulate the
clean energy economy throughout the Commonwealth;
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WHEREAS, the Commonwealth is an established leader in a wide number of environmental
initiatives, including its Leading by Example Program established by Executive Order No. 484,
which directs state agencies to reduce the environmental impacts of their operations through
aggressive reduction targets for greenhouse gas emission and energy use and through goals for
the increased use of renewable power and biofuels;
WHEREAS, the Commonwealth's Operational Services Division and its Environmentally
Preferable Products Procurement Program have already made progress in integrating
environmental and sustainability considerations into the many statewide contracts used by
Commonwealth agencies to procure the majority of products and services, as well as by many
other public entities; and,
WHEREAS, the Commonwealth is poised to build upon its current national leadership role by
significantly expanding its ability to leverage its purchasing power to reduce the impact its
purchases will have on the Commonwealth's natural resources and public health and on current
and future generations of Massachusetts residents;
NOW, THEREFORE, I, Deval L. Patrick, Governor of the Commonwealth of Massachusetts, by
virtue of the authority vested in me by the Constitution, Part 2, c. 2, § I, Art. I, do hereby order as
follows:
Section 1: Applicability
This Executive Order shall apply to all state agencies in the Executive Department. As used in
this Order, "state agencies" (or "agencies") shall include all executive offices, boards,
commissions, agencies, departments, divisions, councils, bureaus, and offices, now existing and
hereafter established.
Section 2: Declaration of Policy
As part of the Commonwealth's overall goals of conserving natural resources, reducing waste,
protecting public health and the environment, and promoting the use of clean technologies,
recycled materials, and less toxic products, it shall be the policy of the Executive Department of
the Commonwealth of Massachusetts and its agencies to reduce their impact on the environment
and enhance public health by procuring Environmentally Preferable Products and services
(EPPs) whenever such products and services are readily available, perform to satisfactory
standards, and represent best value, consistent with 801 CMR 21.00.
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Environmentally Preferable Products shall include, but not be limited to products and services
that: contain recycled materials; conserve energy or water; minimize waste; are less toxic and
hazardous; reduce the generation, release, or disposal of toxic substances; protect open space;
and/or otherwise lessen the impact of such products or services on public health and the
environment.
When purchasing goods and services, agencies shall consider the total cost of ownership,
including all costs associated with the production, purchase, transportation, use, operation, and
disposal of such products or services. Agencies shall also take into account any significant
environmental and health impacts resulting from their purchasing decisions and incorporate
those impacts into their best value considerations. Agencies shall also strive to incorporate the
directives in this Order into all applicable grant and funding programs.
Section 3: Program Coordination, Implementation, and Oversight
The Secretary of the Executive Office for Administration and Finance (ANF) or designee, shall
work in collaboration with the Secretary of the Executive Office of Energy and Environmental
Affairs (EEA) or designee, to ensure that products and services purchased by state agencies meet
the standards and mandates of this directive. The Operational Services Division (OSD), through
its Environmentally Preferable Products Procurement Program (the EPP Program), shall provide
overall program management, oversee efforts to institute minimum standards for the
procurement of EPPs, and establish environmental procurement goals where appropriate. Within
this role, the EPP Program shall, in collaboration with EEA's Leading by Example Program
(LBE Program), work to develop an increasing number of statewide contracts for EPPs, issue
agency guidance, monitor compliance, promote the benefits and increased use of EPPs,
cooperate on a national level to expand EPP opportunities, and identify appropriate staff
resources necessary to meet the needs of this Executive Order.
The EPP Program shall consult with state and federal agencies, colleges and universities,
municipalities, and non-governmental and private institutions to solicit feedback and advice on
products, contracts, vendor outreach, and other relevant issues related to the EPP Program. The
EPP Program shall, when appropriate, utilize independent, third party standards and
certifications, including but not limited to Green Seal, EcoLogo, ENERGY STAR, (U.S.
Department of Agriculture's) BioPreferredSM, Leadership in Energy and Environmental Design
(LEED), GREENGUARD, Forest Stewardship Council (FSC) and others, to verify the
environmental claims of products or services.
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Each Secretary and Agency head shall designate and identify to the EPP Program an individual
charged with the management and coordination of this program. Such individual may be the
LBE Coordinator and/or other personnel deemed necessary to support the implementation and
enforcement of the program. It is the intention of this Executive Order that the principles
underlying the Environmental Purchasing Policy be incorporated into general procurement
practices throughout the Commonwealth.
Section 4: Environmental Purchasing Advisory Committee
The Secretary of ANF in consultation with the Secretary of EEA shall appoint an Environmental
Purchasing Advisory Committee (the Committee) for the purpose of serving in an advisory
capacity to provide guidance and information to the Commonwealth on EPP markets and
industry trends, review new product information, define terms, and, in general, to assist ANF and
EEA in the implementation of this Executive Order. The Committee shall be chaired by the EPP
Program Director and shall not exceed fifteen members. The Committee may include a
representative from the LBE Program, the Department of Environmental Protection, and other
appropriate agencies, as well as local manufacturers, non-profit organizations that are
knowledgeable about sustainable purchasing and EPP initiatives, and individuals from private
institutions and businesses with related expertise. Committee members shall serve without
compensation and at the pleasure of the Secretary of ANF for two-year terms, up to a maximum
of three full terms.
The Committee shall have the authority to designate issue-specific Task Forces to examine
specific areas of environmental procurement and provide targeted technical assistance and
guidance to agencies as needed. One such Task Force shall be a Toxic Reduction Task Force to
be overseen by EEA's Office of Technical Assistance (OTA) in coordination with OSD. OSD
shall 1) provide the Toxic Reduction Task Force with relevant information on what chemicals
and products are procured, and the amounts used and by whom, in the Commonwealth, and 2)
will work with OTA and other stakeholders to implement the Task Force recommendations.
Within 90 days of this Order, OTA shall consult with OSD in establishing said Task Force,
which shall meet periodically, but not less than two times per year, to provide guidance on and
assist agencies with identifying and eliminating purchases of products that contain toxic
chemicals. Task Force members shall include, but not be limited to OSD, Department of
Environmental Protection, Department of Public Health, Division of Occupational Safety, and
the Toxics Use Reduction Institute, and each shall appoint representatives to the Task Force
within 30 days of their notification by OTA. The Task Force shall periodically consult with the
Advisory Committee and any other appropriate non-governmental stakeholders, federal agencies,
12096859.2
the Department of Elementary and Secondary Education, Executive Office of Health and Human
Services (EOHHS), Division of Capital Asset Management, the Massachusetts Department of
Transportation (MassDOT), and higher education research centers to identify opportunities for
the integration of less toxic products into public schools, healthcare facilities, construction
projects, and throughout state and local government. Members of other Task Forces shall be
appointed by the Chair of the Committee in consultation with the members of the Committee.
By February 1st of each year, OTA shall report to the Advisory Committee on the progress made
by the Task Force in the prior fiscal year toward meeting the goals set forth in this Executive
Order.
Section 5: EPP Program
The EPP Program shall:
• Establish minimum environmental standards for products and services procured by agencies
wherever feasible and practicable;
• Provide guidance to agencies on how to ensure that their procurements are in compliance with
these standards and encourage agencies to establish annual EPP procurement goals;
• Include EPPs in statewide contracts and limit contract awards to EPPs exclusively, consistent
with 801 CMR 21.00 and EPP procurement goals and standards;
• Facilitate the purchase, demonstration and use of new and innovative EPPs, technologies and
services;
• Encourage state contractors to incorporate EPPs and sustainable practices in their operations;
• Consider an EPP Certification program for agency and other public purchasers and/or work
with partners within and outside the state to develop such a Certification on a national level; and
• Support development of appropriate training and outreach on procuring EPPs and identification
of their fiscal, environmental, and health benefits.
By March 1st of each year, the EPP Program shall report to ANF and EEA on the progress made
in the prior fiscal year toward meeting the goals set forth in this Executive Order as well as
provide available data on actual EPP purchases and their associated environmental, health, and
fiscal benefits, wherever possible.
All OSD and agency staff shall cooperate with the EPP Program in these efforts and incorporate
environmental goals into the performance measurements of procurement officers and other
appropriate staff. Furthermore, the State Purchasing Agent shall direct OSD's Quality Assurance,
Outreach and Training Program to periodically monitor compliance with this Executive Order as
part of their regular reviews of state agency procurements and include EPP contract information
in all appropriate training sessions.
12096859.2
In addition, in order to strengthen the impact of this Executive Order, inform municipal and
public school officials, and reduce the impact of local government procurements on the
environment and public health, the EPP Program shall work to develop and conduct outreach
programs for municipalities and, in collaboration with the Department of Elementary and
Secondary Education, public elementary and secondary schools. In addition, independent
authorities are encouraged to adopt the EPP policies and programs consistent with this Executive
Order.
Section 6: Agency Responsibilities
Where agencies have the responsibility and opportunity to conduct procurements and to purchase
products and services either through statewide contracts or department procurements and
contracts, including consultants, service providers, and/or lease agreements, they shall
incorporate EPPs into those activities to the greatest extent feasible.
Additionally, agencies shall:
• Work with their contractors and agency personnel to provide all necessary and appropriate
support to the EPP Program in an effort to ensure that annual fiscal year purchasing data is
reported to OSD within 90 days of the close of each fiscal year, or by September 30;
• Examine the benefits of establishing annual EPP procurement goals and consult with the EPP
and LBE programs to target appropriate procurement areas;
• Ensure that Leading by Example Program Coordinators, or other designated staff, act as
liaisons with the EPP Program for issues related to EPP program implementation;
• Support and encourage key agency staff participation in EPP procurement training, such as the
annual EPP Vendor Fair and Conference; and
• Work to incorporate the use of EPPs in health and human service contracts, construction,
renovation and maintenance contracts, food service contracts, disposal contracts, lease
agreements, grant programs, and other contracts overseen by agencies.
Section 7: Environmental Procurement Initiatives
A. Energy Efficient Products
When procuring products that consume energy, all statewide contracts and agency procurements
shall follow the directives set forth in Executive Order No. 484 and take into account, in the
procurement's specifications, the lifetime energy costs necessary to operate energy consuming
products and equipment. The EPP Program shall establish minimum energy performance
standards, taking into account initial and operating costs, and agencies shall adhere to said
standards. At a minimum, unless otherwise set forth in the minimum energy performance
standards, agencies shall:
12096859.2
• Procure only ENERGY STAR rated office equipment, appliances, HVAC equipment, and other
ENERGY STAR rated products unless such products can be demonstrated to be cost prohibitive
over their life;
• Ensure that all ENERGY STAR equipment has the power saving mode enabled at the time of
installation and that all staff are aware of these functions and their benefits;
• Purchase only energy efficient light bulbs, such as, but not limited to, compact fluorescent
lamps (CFLs) or light emitting diodes (LEDs) unless the purchase of a standard bulb, such as an
incandescent, is necessary for a specific purpose or function that can only be served by said bulb;
• Procure the most efficient and cost-effective linear lights possible that will meet agency needs
and, wherever possible, replace older lamp ballasts with newer more efficient electronic ballasts;
• Ensure that all new street lights utilize the most efficient light sources possible and that all
traffic lights installed or replaced by Commonwealth agencies utilize only LEDs or similarly
efficient technology; and
• Support the procurement of other energy efficient products wherever possible, including but
not limited to high efficiency motors, tankless water heaters, programmable thermostats, heating,
ventilation and air conditioning units/systems, and food service equipment.
B. Toxics Reduction
The EPP Program and agencies shall, wherever feasible, eliminate products procured by the
Commonwealth that contain toxic chemicals in concentrations that pose a significant threat to the
environment and/or public health. When less toxic or non-toxic alternatives are readily available,
meet agency performance requirements, and are cost competitive, the EPP Program shall move
promptly to make these alternatives available through Statewide Contracts. Agencies shall
purchase only these less toxic or non-toxic alternatives unless it can be demonstrated that such
alternatives do not meet the essential needs of the agency.
Through both statewide and/or departmental contracts, agencies shall:
• Purchase and use only those cleaning products, including floor finishes, that meet the
environmental specifications established by the EPP Program;
• Within one year of the date of this Executive Order, require cleaning service contractors to
utilize cleaning products that meet the same or better EPP standards;
• Require pest control firms or licensed Commonwealth staff to employ an integrated pest
management (IPM) approach in Commonwealth facilities;
• Ensure adherence to the Massachusetts Mercury Management Bill, prohibiting the purchase of
any product containing mercury when non-mercury alternatives exist (not applicable to
fluorescent lights);
• Procure products that contain no or low amounts of Volatile Organic Compounds (VOC)
12096859.2
wherever feasible, including but not limited to office equipment, furniture, flooring, paint, and
construction materials; and
• Purchase computers, monitors, laptops, and other relevant equipment that have achieved a
minimum silver rating from the Electronic Products Environmental Assessment Tool (EPEAT).
Additionally, the EPP Program shall work with agencies to develop best management practices
and specifications with the intent of increasing the procurement of:
• Less toxic water treatment chemicals and processes;
• Paper products processed without elemental chlorine;
• Organic and/or less toxic fertilizers, pesticides, and other landscaping products;
• Vehicle tires with lead-free wheel weights;
• Packaging in conformance with the specifications developed by the Coalition of Northeastern
Governors designed to reduce heavy metals and toxics;
• Furnishings, clothing, and other products that meet required flammability standards without the
use of toxic flame retardants known as PBDEs; and
• Other products identified by a Task Force established by the Oversight Committee pursuant to
Section 4 of this Order.
C. Recycled Content and Waste Minimization
The EPP Program shall develop and expand minimum recycled content and remanufactured
standards for all appropriate products and materials. The EPP Program shall utilize, wherever
applicable, the minimum standards established by the U.S. Environmental Protection Agency's
Comprehensive Procurement Guidelines (CPG) or develop standards that the EPP Program
deems appropriate. Additionally, the EPP Program shall consider the ultimate disposal of
products and their packaging when developing contract specifications and making contract
awards. Agencies shall procure products that comply with all recycled content and waste
reduction standards established by the EPP Program.
The EPP Program shall ensure that the following product categories contain minimum recycled
content standards and are included on statewide contracts:
• office paper, printed materials, office supplies, packaging, and storage boxes;
• office panels and interior and exterior furniture and equipment;
• janitorial paper products and trash liners;
• transportation products such as antifreeze, motor oil, retread tires, and traffic control devices;
• carpeting and flooring;
• compost and mulch; and
• plastic containers such as recycling containers and compost bins.
The EPP Program shall also work to develop standards and contracts for additional recycled
12096859.2
content products identified by the CPG, as well as water and waste minimizing products such as
double-sided copiers and printers, waterless and low-flow plumbing devices, and composting
toilets. Additionally, the EPP Program shall encourage vendor responsibility for the reuse or
recycling of packaging and/or products at the end of their useful life.
In addition, agencies shall ensure that they integrate increased recycling practices in the disposal
of their own waste materials, including but not limited to paper, glass, cans, plastic bottles,
containers, and electronic equipment. This effort shall include the positioning of recycling bins
in their offices and the contracting for recycling services to pick up and recycle these materials.
D. Sustainable Materials
In developing standards and specifications for environmentally preferable products, the EPP
Program shall encourage and prioritize the procurement of goods that are grown, manufactured,
transported, and handled in a sustainable manner using, to the greatest extent feasible, a lifecycle analysis of materials and other inputs into the production of the final product. Such goods
shall include, but not be limited to:
• Lumber and building materials;
• Organic and locally grown foods;
• Compostable food service products; and
• Bio-based products such as lubricants, food-service ware, fuels, plastics and coatings.
Section 8: Business Development and Guidance
A goal of this Executive Order shall be to support businesses in Massachusetts that offer and/or
seek to offer environmentally preferable products and services, as well as to encourage the
business community to adopt broader sustainable practices that reduce environmental impacts.
To this end, the EPP Program shall collaborate with relevant agencies to promote EPPs and
sustainable business solutions to companies already in Massachusetts as well as those looking to
relocate to the Commonwealth. Such efforts may include guidance on how sustainable practices
and environmental purchasing can result in a competitive edge when bidding on statewide
contracts, and how the use of EPPs can reduce environmental impacts while minimizing
operating costs.
Section 9: Effective Date
This Executive Order shall take effect immediately and shall continue in effect until amended,
superseded, or revoked by subsequent Executive Order.
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Given at the Executive Chamber in
Boston this 27th day of October in the
year two thousand and nine and of the
Independence Of the United States, two
hundred and thirty-four.
DEVAL L. PATRICK
GOVERNOR
Commonwealth of Massachusetts
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth
GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS
12096859.2
Michigan (back to top)
207.821 Short title.
Sec. 1.
This act shall be known and may be cited as the “Michigan next energy authority act.”
207.822 Definitions.
Sec. 2.
As used in this act:
(a)
“Advanced battery cell” means a rechargeable battery cell with a specific energy
of not less than 80 watt hours per kilogram.
(b)
“Alternative energy marine propulsion system” means an onboard propulsion
system or detachable outboard propulsion system for a watercraft that is powered
by an alternative energy system and that is the singular propulsion system for the
watercraft. Alternative energy marine propulsion system does not include battery
powered motors designed to assist in the propulsion of the watercraft during
fishing or other recreational use.
(c)
“Alternative energy system” means the small-scale generation or release of
energy from 1 or any combination of the following types of energy systems:
(i)
A fuel cell energy system.
(ii)
A photovoltaic energy system.
(iii)
A solar-thermal energy system.
(iv)
A wind energy system.
(v)
A CHP energy system.
(vi)
A microturbine energy system.
(vii)
A miniturbine energy system.
(viii) A Stirling cycle energy system.
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(ix)
A battery cell energy system.
(x)
A clean fuel energy system.
(xi)
An electricity storage system.
(xii)
A biomass energy system.
(xiii) A thermoelectric energy system.
(d)
“Alternative energy technology” means equipment, component parts, materials,
electronic devices, testing equipment, and related systems that are specifically
designed, specifically fabricated, and used primarily for 1 or more of the
following:
(i)
The storage, generation, reformation, or distribution of clean fuels
integrated within an alternative energy system or alternative energy
vehicle, not including an anaerobic digester energy system or a
hydroelectric energy system, for use within the alternative energy system
or alternative energy vehicle.
(ii)
The process of generating and putting into a usable form the energy
generated by an alternative energy system. Alternative energy technology
does not include those component parts of an alternative energy system
that are required regardless of the energy source.
(iii)
A microgrid. As used in this subparagraph, "microgrid" means the lines,
wires, fuel lines and fuel reformers, and controls to connect 2 or more
alternative energy systems.
(iv)
Research and development of an alternative energy vehicle.
(v)
Research, development, and manufacturing of an alternative energy
system.
(vi)
Research, development, and manufacturing of an anaerobic digester
energy system.
(vii)
Research, development, and manufacturing of a hydroelectric energy
system.
(e)
"Alternative energy technology business" means a business engaged solely in the
research, development, or manufacturing of alternative energy technology.
(f)
“Alternative energy vehicle” means a motor vehicle manufactured by an original
equipment manufacturer that fully warrants and certifies that the motor vehicle
meets federal motor vehicle safety standards for its class of vehicles as defined by
the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, and certifies
that the motor vehicle meets local emissions standards, that is propelled by an
alternative energy system. Alternative energy vehicle includes the following:
12096859.2
(i)
An alternative fueled vehicle. As used in this subparagraph, "alternative
fueled vehicle" means a motor vehicle that can only be powered by a clean
fuel energy system and can only be fueled by a clean fuel.
(ii)
A fuel cell vehicle. As used in this subparagraph, "fuel cell vehicle" means
a motor vehicle powered solely by a fuel cell energy system.
(iii)
An electric vehicle. As used in this subparagraph, "electric vehicle" means
a motor vehicle powered solely by a battery cell energy system.
(iv)
A hybrid vehicle. As used in this subparagraph, "hybrid vehicle" means a
motor vehicle that can only be powered by an internal combustion engine
and 1 or more alternative energy systems.
(v)
A solar vehicle. As used in this subparagraph, "solar vehicle" means a
motor vehicle powered solely by a photovoltaic energy system.
(vi)
A hybrid electric vehicle. As used in this subparagraph, “hybrid electric
vehicle” means a motor vehicle powered by an integrated propulsion
system consisting of an electric motor and combustion engine. Hybrid
electric vehicle does not include a retrofitted conventional diesel or
gasoline engine. A hybrid electric vehicle obtains the power necessary to
propel the motor vehicle from a combustion engine and 1 of the following:
(vii)
(A)
A battery cell energy system.
(B)
A fuel cell energy system.
(C)
A photovoltaic energy system.
A hydraulic hybrid vehicle. As used in this subparagraph, "hydraulic
hybrid vehicle" means a motor vehicle powered by a regenerative
hydraulic drive system or powered by an internal combustion engine
assisted by a regenerative hydraulic drive system.
(g)
"Alternative energy zone" means a renaissance zone designated as an alternative
energy zone by the board of the Michigan strategic fund under section 8a of the
Michigan renaissance zone act, 1996 PA 376, MCL 125.2688a.
(h)
"Anaerobic digester energy system" means a device or system of devices for
optimizing the anaerobic digestion of biomass for the purpose of recovering
biofuel for energy production.
(i)
"Authority" means the Michigan next energy authority created under section 3.
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(j)
"Battery cell" means a closed electrochemical system that converts chemical
energy from oxidation and reduction reactions directly into electric energy
without combustion and without external fuel and consists of an anode, a cathode,
and an electrolyte.
(k)
"Battery cell energy system" means 1 or more battery cells and an inverter or
other power conditioning unit used to perform 1 or more of the following
functions:
(i)
Propel a motor vehicle or an alternative energy marine propulsion system.
(ii)
Provide electricity that is distributed within a dwelling or other structure.
(iii)
Provide electricity to operate a portable electronic device including, but
not limited to, a laptop computer, a personal digital assistant, or a cell
phone. For purposes of this subparagraph only, a battery cell energy
system shall only use advanced battery cells.
(l)
"Biomass energy system" means a system that generates energy from a process
using residues from wood and paper products industries, food production and
processing, trees and grasses grown specifically to be used as energy crops, and
gaseous fuels produced from solid biomass, animal waste, municipal wastes, or
landfills.
(m)
"Board" means the governing body of an authority under section 4.
(n)
"CHP energy system" means an integrated unit that generates power and either
cools, heats, or controls humidity in a building or provides heating, drying, or
chilling for an industrial process that includes and is limited to both of the
following:
(o)
12096859.2
(i)
An absorption chiller, a desiccant dehumidifier, or heat recovery
equipment.
(ii)
One of the following:
(A)
An internal combustion engine, an external combustion engine, a
microturbine, or a miniturbine, fueled solely by a clean fuel.
(B)
A fuel cell energy system.
"Clean fuel" means 1 or more of the following:
(i)
Methane.
(ii)
Natural gas.
(iii)
Methanol neat or methanol blends containing at least 85% methanol.
(iv)
Denatured ethanol neat or ethanol blends containing at least 85% ethanol.
(v)
Compressed natural gas.
(vi)
Liquefied natural gas.
(vii)
Liquefied petroleum gas.
(viii) Hydrogen.
(ix)
Renewable fuels.
(p)
"Clean fuel energy system" means a device that is designed and used solely for
the purpose of generating power from a clean fuel. Clean fuel energy system does
not include a conventional gasoline or diesel fuel engine or a retrofitted
conventional diesel or gasoline engine.
(q)
"Department" means the department of management and budget.
(r)
"Electricity storage device" means a device, including a capacitor, that directly
stores electrical energy without conversion to an intermediary medium.
(s)
"Electricity storage system" means 1 or more electricity storage devices and
inverters or other power conditioning equipment.
(t)
"Fuel cell energy system" means 1 or more fuel cells or fuel cell stacks and an
inverter or other power conditioning unit. A fuel cell energy system may also
include a fuel processor. As used in this subdivision:
(u)
12096859.2
(i)
"Fuel cell" means an electrochemical device that uses an external fuel and
continuously converts the energy released from the oxidation of fuel by
oxygen directly into electricity without combustion and consists of an
anode, a cathode, and an electrolyte.
(ii)
"Fuel cell stack" means an assembly of fuel cells.
(iii)
"Fuel processor" means a device that converts a fuel, including, but not
limited to, methanol, natural gas, or gasoline, into a hydrogen rich gas,
without combustion for use in a fuel cell.
"Hydroelectric energy system" means a system related to the process of
generating or putting into usable form the energy produced solely from flowing or
falling water. The system may consist of a turbine, generator, alternator,
electronic devices, or other directly related component parts.
(v)
"Microturbine energy system" means a system that generates electricity,
composed of a compressor, combustor, turbine, and generator, fueled solely by a
clean fuel with a capacity of not more than 250 kilowatts. A microturbine energy
system may include an alternator and shall include a recuperator if the use of the
recuperator increases the efficiency of the energy system.
(w)
"Miniturbine energy system" means a system that generates electricity, composed
of a compressor, combustor, turbine, and generator, fueled solely by a clean fuel
with a capacity of not more than 2 megawatts. A miniturbine energy system may
also include an alternator and a recuperator.
(x)
"Person" means an individual, partnership, corporation, limited liability company,
association, governmental entity, or other legal entity.
(y)
"Photovoltaic energy system" means a solar energy device composed of 1 or more
photovoltaic cells or photovoltaic modules and an inverter or other power
conditioning unit. A photovoltaic system may also include batteries for power
storage or an electricity storage device. As used in this subdivision:
(i)
"Photovoltaic cell" means an integrated device consisting of layers of
semiconductor materials and electrical contacts capable of converting
incident light directly into electricity.
(ii)
"Photovoltaic module" means an assembly of photovoltaic cells.
(z)
"Regenerative hydraulic drive system" means a system that captures energy from
nonparasitic vehicle sources or energy wasted by a vehicle's brakes or suspension
to be released to directly assist vehicle propulsion or directly propel the vehicle.
(aa)
"Renewable fuels" means 1 or more of the following:
(bb)
12096859.2
(i)
Biodiesel or biodiesel blends containing at least 20% biodiesel. As used in
this subparagraph, "biodiesel" means a diesel fuel substitute consisting of
methyl or ethyl esters produced from the transesterification of animal or
vegetable fats with methanol or ethanol.
(ii)
Biomass. As used in this subparagraph, "biomass" means wood and paper
products industries, food production and processing, trees and grasses
grown specifically to be used as energy crops, and gaseous fuels produced
from solid biomass, animal waste, municipal wastes, or landfills.
"Small-scale" means 1 or more of the following:
(i)
A single energy system with a generating capacity of not more than 2
megawatts or an integrated energy system with a generating capacity of
not more than 10 megawatts.
(ii)
A single energy system or an integrated energy system with any
generating capacity that is 1 or more of the following:
(A)
A fuel cell energy system.
(B)
A photovoltaic energy system.
(C)
A wind energy system.
(cc)
"Solar thermal energy system" means an integrated unit consisting of a sunlight
collection device, a system containing a heat transfer fluid to receive the collected
sunlight, and heat exchangers to transfer the solar energy to a thermal storage tank
to heat or cool spaces or fluids or to generate electricity.
(dd)
"Stirling cycle energy system" means a closed-cycle, regenerative heat engine that
is fueled solely by a clean fuel and uses an external combustion process, heat
exchangers, pistons, a regenerator, and a confined working gas, such as hydrogen
or helium, to convert heat into mechanical energy. A Stirling cycle energy system
may also include a generator to generate electricity.
(ee)
"Thermoelectric energy system" means a system that generates energy by
converting thermal energy into electrical energy using direct heat from a clean
fuel energy system or waste heat from any source. A thermoelectric energy
system also includes an energy system that utilizes alkali metal thermal-to-electric
conversion technology.
(ff)
"Wind energy system" means an integrated unit consisting of a wind turbine
composed of a rotor, an electrical generator, a control system, an inverter or other
power conditioning unit, and a tower, which uses moving air to produce power.
207.823 Michigan next energy authority; creation; powers and duties; contract; records
and accounts.
Sec. 3.
(1)
There is created by this act a public body corporate and politic known as the Michigan
next energy authority. The authority shall be located within the department.
(2)
The authority shall exercise its prescribed statutory powers, duties, and functions
independently of the director of the department. The budgeting, procurement, and related
administrative functions of the authority shall be performed under the direction and
supervision of the director of the department.
12096859.2
(3)
The authority may contract with the department for the purpose of maintaining the rights
and interests of the authority.
(4)
The accounts of the authority may be subject to annual financial audits by the state
auditor general. Records of the authority shall be maintained according to generally
accepted accounting principles.
207.824 Powers and duties of board.
Sec. 4.
(1)
An authority created under this act is governed by a board consisting of the members of
the authority under the Michigan economic growth authority act, 1995 PA 24, MCL
207.801 to 207.810.
(2)
The board shall organize and adopt its own policies, procedures, schedule of regular
meetings, and a regular meeting date, place, and time. The board shall conduct all
business at public meetings held in compliance with the open meetings act, 1976 PA 267,
MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting shall be
given in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to
15.275.
(3)
A writing prepared, owned, used, in the possession of, or retained by the board in the
performance of an official function shall be made available to the public in compliance
with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(4)
A board may act only by resolution. A majority of the members of the board then in
office, or of any committee of the board, shall constitute a quorum for the transaction of
business.
(5)
The board may employ legal and technical experts, private consultants, accountants, and
other agents or employees for rendering professional and technical assistance and advice
as may be necessary. The authority shall determine the qualifications, duties, and
compensation of those it employs.
207.825 Michigan next energy authority; powers and duties.
Sec. 5.
(1)
Except as otherwise provided in this act, the authority may do all things necessary to
implement the purposes of this act, including, but not limited to, all of the following:
(a)
Adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct
of its business.
(b)
Adopt an official seal and alter the seal at the pleasure of the board.
(c)
Sue and be sued in its own name and plead and be impleaded.
12096859.2
(2)
(d)
Solicit and accept gifts, grants, loans, and other assistance from any person or the
federal, the state, or a local government or any agency of the federal, the state, or
a local government or participate in any other way in any federal, state, or local
government program.
(e)
Research and publish studies, investigations, surveys, and findings on the
development and use of alternative energy technology.
(f)
Promote the research, development, and manufacturing of alternative energy
technology.
(g)
Do all other things necessary to promote and increase the research, development,
and manufacturing of alternative energy technology and to otherwise achieve the
objectives and purposes of the authority.
The authority shall certify all of the following personal property and shall provide proof
of certification to the assessor of the local tax collecting unit in which the following
personal property is located:
(a)
(b)
(c)
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Alternative energy marine propulsion systems, alternative energy systems, and
alternative energy vehicles that meet both of the following requirements:
(i)
Were not previously subject to the collection of taxes under the general
property tax act, 1893 PA 206, MCL 211.1 to 211.155.
(ii)
Were not previously exempt from the collection of taxes under the general
property tax act, 1893 PA 206, MCL 211.1 to 211.155, except for personal
property exempt under section 9c or 9i of the general property tax act,
1893 PA 206, MCL 211.9c and 211.9i.
Tangible personal property of a business that is an alternative energy technology
business that meets both of the following requirements:
(i)
Was not previously subject to the collection of taxes under the general
property tax act, 1893 PA 206, MCL 211.1 to 211.155.
(ii)
Was not previously exempt from the collection of taxes under the general
property tax act, 1893 PA 206, MCL 211.1 to 211.155, except for personal
property exempt under section 9c or 9i of the general property tax act,
1893 PA 206, MCL 211.9c and 211.9i.
Tangible personal property of a business that is not an alternative energy
technology business that is used solely for the purpose of researching, developing,
or manufacturing an alternative energy technology that meets both of the
following requirements:
(3)
(i)
Was not previously subject to the collection of taxes under the general
property tax act, 1893 PA 206, MCL 211.1 to 211.155.
(ii)
Was not previously exempt from the collection of taxes under the general
property tax act, 1893 PA 206, MCL 211.1 to 211.155, except for personal
property exempt under section 9c or 9i of the general property tax act,
1893 PA 206, MCL 211.9c and 211.9i.
The authority shall certify and provide proof of certification of the following business
entities:
(a)
An alternative energy technology business. The authority shall provide proof of
certification to the assessor of the local tax collecting unit in which the alternative
energy technology business is located.
(b)
A taxpayer as an eligible taxpayer for the purposes of claiming the credit under
section 39e(2) of the former single business tax act, 1975 PA 228, or under
section 429 of the Michigan business tax act, 2007 PA 36, MCL 208.1429.
(4)
The authority shall certify and provide proof of certification of the qualified business
activity of a taxpayer eligible under subsection (3)(b). As used in this subsection,
“qualified business activity” means that term as defined in section 39e of the former
single business tax act, 1975 PA 228, or in section 429 of the Michigan business tax act,
2007 PA 36, MCL 208.1429.
(5)
The authority shall not operate an alternative energy technology business or otherwise
engage in the manufacturing of any commercial products.
207.826 Michigan next energy authority; exemption from taxation.
Sec. 6.
The authority created under this act shall be exempt from and shall not be required to pay
taxes on property, both real and personal, belonging to the authority, which is used for a public
purpose. Property of the authority is public property devoted to an essential public and
governmental function and purpose.
207.827 Construction of act.
Sec. 7.
This act shall be construed liberally to effectuate the legislative intent and its purposes.
All powers granted shall be cumulative and not exclusive and shall be broadly interpreted to
effectuate the intent and purposes and not as a limitation of powers.
12096859.2
460.1133. Powers and duties of department of management and budget
Sec. 133. The department of management and budget, after consultation with the energy office in
the department of labor and economic growth, shall do all of the following:
(a) Establish a program for energy analyses of each state building that identifies opportunities for
reduced energy use, including the cost and energy savings for each such opportunity, and
includes a completion schedule. Under the program, the energy star assessment and rating
program shall be extended to all buildings owned or leased by this state. An energy analysis
of each such building shall be conducted at least every 5 years. Within 1 year after the
effective date of this act, an energy analysis shall be conducted of any such building for
which an energy analysis was not conducted within 5 years before the effective date of this
act. If building or facility modifications are allowed under the terms of a lease, the state shall
undertake any recommendations resulting from an energy audit to those facilities if the
recommendations will save money.
(b) Examine the cost and benefit of using LEED building code standards when constructing or
remodeling a state building.
(c) Before the state leases a building, examine the cost and benefit of leasing a building that
meets LEED building codes standards, or remodeling a building to meet such standards. The
state shall take into consideration whether a building has historical, architectural, or cultural
significance that could be harmed by a lease not being renewed solely based on the building's
failure to meet LEED criteria.
(d) Assist each state department in appointing an energy reduction coordinator to work with the
department of management and budget and the state energy office to reduce state energy use.
(e) Ensure that, during any renovation or construction of a state building, energy efficient
products are used whenever possible and that the state purchases energy efficient products
whenever possible.
(f) Implement a program to educate state employees on how to conserve energy. The energy
office and the department of management and budget shall update the program every 3 years.
(g) Use more cost-effective lighting technologies, geothermal heat pumps, and other costeffective technologies to conserve energy.
(h) Reduce state government energy use during peak summer energy use seasons with the goal of
achieving reductions beginning in 2010.
(i) Create a web-based system for tracking energy efficiency and energy conservation projects
occurring within state government.
12096859.2
EXECUTIVE DIRECTIVE No. 2007 - 22
ENHANCED ENERGY EFFICIENCY AND CONSERVATION BY STATE DEPARTMENTS AND AGENCIES
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the
executive power of the State of Michigan in the Governor;
WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963 each
principal department of state government is under the supervision of the Governor unless
otherwise provided by the Constitution;
WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, the
Governor is responsible to take care that the laws be faithfully executed;
WHEREAS, under Executive Order 2002-20, MCL 18.321, all of the authority, powers,
functions, duties, and responsibilities pertaining to the planning, management and operation,
capital renewal, and acquisition of buildings and facilities of Executive Branch agencies,
excluding the Department of Transportation, the Department of Military and Veterans Affairs
and the Department of Natural Resources, were transferred to the Department of Management
and Budget;
WHEREAS, under Section 551 of The Management and Budget Act, 1984 PA 431, MCL
18.1551, the Governor shall inquire into the administration of The Management and Budget Act;
WHEREAS, under Section 261 of The Management and Budget Act, 1984 PA 431, MCL
18.1261, the Department of Management and Budget must provide for the purchase of, the
contracting for, and the providing of supplies, materials, services, insurance, utilities, third party
financing, equipment, printing, and all other items as needed by state agencies for which the
Legislature has not otherwise expressly provided;
WHEREAS, under Section 241b of The Management and Budget Act, 1984 PA 431,
MCL 18.1241b, the Department of Management and Budget must consider the energy efficiency
of all materials used in the construction, alteration, repair, or rebuilding of a building or facility
owned or operated by this state;
WHEREAS, under Section 253 of The Management and Budget Act, 1984 PA 431, MCL
18.1253, a state agency may enter into a multi-year contract for energy conservation
improvements to state facilities to be paid for from the avoided operating costs for utility service
or fuel produced by the improvements;
WHEREAS, under Section 213 of The Management and Budget Act, 1984 PA 431, MCL
18.1213, the Department of Management and Budget may issue directives relative to motor
vehicles used by all state agencies, except for motor vehicles under the jurisdiction of the
Department of Transportation;
12096859.2
WHEREAS, under Section 131 of The Management and Budget Act, 1984 PA 431, MCL
18.1131, the Director of the Department of Management and Budget may issue, alter, or rescind
administrative and procedural directives as determined to be necessary for the effective
administration of the Act;
WHEREAS, the State of Michigan, in the operation of state facilities and use of state
motor vehicles, consumes significant amounts of electricity, natural gas, petroleum, fuel oil,
chilled water, steam, gasoline, and other resources;
WHEREAS, the cost of energy continues to rise and traditional sources of non-renewable
energy continue to be depleted at a rapid pace;
WHEREAS, the State of Michigan is a leading consumer of energy throughout Michigan;
WHEREAS, products or processes that use less energy provide an environmental and a
fiscal benefit and can reduce greenhouse gas emissions and have a positive impact on climate
change;
WHEREAS, state departments and agencies will benefit from interagency
communication and joint problem solving to reduce energy consumption and achieve new energy
efficiencies;
WHEREAS, significant improvements in energy efficiency and conservation by state
departments and agencies have been realized based on actions taken in response to the issuance
of Executive Directives 2005-4 and 2007-6;
WHEREAS, state government can act to reduce greenhouse gas emissions and respond to
climate change by improving energy efficiency, conserving natural resources, and using
renewable energy sources;
WHEREAS, Michigan taxpayers will benefit from the cost savings delivered and an
improved environment with less pollution through greater energy efficiency and conservation;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by
virtue of the power vested in the Governor by the Michigan Constitution of 1963 and Michigan
law, direct:
I.
DEFINITIONS
As used in this Directive:
A.
12096859.2
"Alternative fuel" includes a "clean fuel" as defined under Section 2 of the
Michigan Next Energy Authority Act, 2002 PA 593, MCL 207.822.
B.
"Carbon footprint" means a measure of the exclusive total amount of carbon
dioxide emissions directly and indirectly caused by an activity or accumulated
over the life stages of a product.
C.
"Climate change" refers to any significant change in measures of climate, such as
temperature, precipitation, or wind, lasting for an extended period of time of a
decade or longer.
D.
"Department of Environmental Quality" means the principal department of state
government created under Executive Order 1995-18, MCL 324.99903.
E.
"Department of Labor and Economic Growth" means the principal department of
state government created by section 225 of the Executive Organization Act of
1965, 1965 PA 380, MCL 16.325, and renamed by Executive Order No. 1996-2,
MCL 445.2001, and by Executive Order No. 2003-18, MCL 445.2011.
F.
"Department of Management and Budget" means the principal department of state
government established under Section 121 of The Management and Budget Act,
1984 PA 431, MCL 18.1121.
G.
"Energy conservation measure" means improvement of a building structurally or
the installation of equipment or materials in a building for the purpose of reducing
energy consumption or cost, increasing energy efficiency, or allowing the use of a
renewable resource for fuel.
H.
"Energy Star®" means the voluntary partnership among the United States
Department of Energy, the United States Environmental Protection Agency,
product manufacturers, local utilities, and retailers to help promote energy
efficient products by labeling with the Energy Star® logo, educate consumers
about the benefits of energy efficiency, and help promote energy efficiency in
buildings by benchmarking and rating energy performance.
I.
"Greenhouse gas" means a gas from human-generated activities that traps heat
within the atmosphere of the Earth causing climate change, including but not
limited to, carbon dioxide, methane, nitrous oxide, ozone, and fluorinated gases.
J.
"Hybrid vehicle" includes a "hybrid vehicle" or a "hybrid electric vehicle" as
defined under Section 2 of the Michigan Next Energy Authority Act, 2002 PA
593, MCL 207.822.
K.
" LEED" means the Leadership in Energy and Environmental Design Green
Building Rating System developed by the United States Green Building Council.
LEED is recognized as the nation's leading green building rating system and
promotes high-performance building practices; energy, water, and materials
conservation; environmentally preferred products and practices; improvements in
12096859.2
employee health, comfort, and productivity; and reductions in facility operation
costs and environmental impacts.
II.
L.
"Renewable energy source" means that term as defined under Section 10g of 1939
PA 3, MCL 460.10g.
M.
"State Energy Office" means the entity within the Department of Labor and
Economic Growth that promotes energy efficiency and renewable energy resource
development to Michigan residents, businesses, and public institutions.
CONTINUING REDUCTIONS IN STATE ENERGY CONSUMPTION
A.
The Department of Management and Budget shall maintain the energy efficiency
savings target established by Section II.A of Executive Directive 2005-4 for all
state buildings managed by the Department or another department or agency
within the Executive Branch of state government. The goal shall continue to be
attainment of a 10% reduction in energy use by December 31, 2008 and a 20%
reduction in grid-based energy purchases by December 31, 2015, when compared
to energy use and energy purchases for the state fiscal year ending September 30,
2002.
B.
The Department of Management and Budget shall maintain the energy
conservation measures and best management practices to improve energy
efficiency adopted under Section II.B of Executive Directive 2005-4.
C.
The Department of Management and Budget shall continue to implement the plan
presented by the Department as required by Executive Directive 2007-6 to further
reduce energy use by departments and agencies within the executive branch of
state government by at least 10% from the level of energy use during the fiscal
year ending September 30, 2006.
D.
In addition to on-going efforts, the Department of Management and Budget, in
consultation with the Department of Environmental Quality and the State Energy
Office, shall develop by July 1, 2008, a process for measuring energy
consumption to be used by all state departments and agencies to track energy use
in a common and consistent manner. The process shall include a mechanism to
calculate each principal department's carbon footprint.
E.
State departments and agencies are directed to take all necessary steps to conserve
energy and enhance energy efficiency consistent with this Directive, including,
but not limited to, use of energy performance contracting and education of state
employees to reduce energy use.
12096859.2
III. ENERGY USE REDUCTION COORDINATORS
A.
IV.
Each principal department director shall designate an Energy Use Reduction
Coordinator for the department. Each Energy Use Reduction Coordinator shall
have the following responsibilities:
1.
Comprehensive review, in consultation with the Department of
Management and Budget and the State Energy Office, of his or her
department's energy consumption and carbon footprint.
2.
Preparation, in consultation with the Department of Management and
Budget and the State Energy Office, of a departmental plan to meet the
energy consumption goals identified in Section II.A and II.C for
submission by the principal department director to the Director of the
Department of Environmental Quality and the Director of the Department
of Management and Budget.
3.
Consultation with the Department of Management and Budget and the
State Energy Office on programs to qualify buildings occupied by state
departments and agencies for Energy Star® designation under Section
III.B.
ENERGY EFFICIENCY AND THE STATE MOTOR VEHICLE FLEET
A.
12096859.2
In managing the State of Michigan's reduced fleet of motor vehicles, the
Department of Management and Budget shall continue to:
1.
Comply with the requirements of the federal Energy Policy Act of 1992,
as amended (EPAct), which is intended to reduce the United States'
dependence on foreign oil by requiring certain fleets, including motor
vehicle fleets operated by state governments, to acquire alternative fuel
vehicles capable of operating on non-petroleum fuels or on blended fuels
with lower petroleum content.
2.
Include hybrid vehicles within the state's fleet, if analysis by the
Department of Management and Budget determines the hybrid vehicles to
be cost effective and capable of meeting the state's transportation needs.
3.
As the public alternative fuel infrastructure continues to develop, require
the users of motor vehicles within the state fleet to refuel with alternative
fuels to the extent feasible.
4.
Develop procedures to encourage or require the use of diesel fuel with the
highest percentage of biodiesel content available, when biodiesel fuel is
available to a user of a diesel fuel vehicle in the state fleet.
5.
B.
V.
Administer the Flexible Fuel Fleet Awareness program.
The Department of Management and Budget shall explore opportunities to enter
into agreements with other governmental entities for the joint use of alternative
fuel distribution facilities used by governmental entities for alternative fuel
vehicles.
ENERGY EFFICIENCY AND ENERGY STAR® PURCHASING
A.
State purchasing policies and procedures issued by the Department of
Management and Budget shall continue to do all of the following:
1.
Include energy efficiency considerations and life-cycle costs when
determining whether the purchase of or contracting for goods or supplies
represents the best value for the State of Michigan, including, but not
limited to, equipment purchased for state facilities such as lighting
equipment, heating systems, ventilation systems, air conditioning systems,
and water heating systems. As used in this paragraph, "life-cycle costs"
means the purchase price for goods or supplies plus the estimated
operating costs for the goods or supplies over the useful life of the goods
or supplies.
2.
Specify that any of the following purchased by state departments or
agencies shall be Energy Star® compliant:
a.
New electronic office equipment purchased by state departments or
agencies, to the extent Energy Star® certified equipment is
available.
b.
Major appliances purchased for state-owned or operated facilities,
including residential facilities, to the extent Energy Star® certified
equipment is available.
B.
The Department of Management and Budget, in cooperation with departmental
Energy Use Reduction Coordinators designated under Section III.A and the State
Energy Office, shall seek to qualify buildings occupied by state departments and
agencies for Energy Star® designation.
C.
The Department of Management and Budget, after consultation with the State
Energy Office, shall establish procedures to require that when the state is entering
into a lease agreement for a state department or agency to occupy a portion or all
of a building leased by this state at a new location, the building qualifies for
Energy Star® designation whenever feasible.
12096859.2
VI.
D.
The Department of Management and Budget shall encourage state institutions of
higher education and public community and junior colleges in this state to also
seek to qualify buildings for Energy Star® designation.
E.
The Department of Management and Budget shall pursue, on behalf of the State
of Michigan, designation as an Energy Star® Leader.
STATE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN FOR NEW
CONSTRUCTION (LEED)
A.
The Department of Management and Budget, after consultation with the State
Energy Office, shall implement procedures to require that all state-supported
capital outlay projects, whether for state departments or agencies, universities, or
community colleges, be designed and constructed in accordance with the
Leadership in Energy and Environmental Design (LEED) Green Building Rating
System developed by the United States Green Building Council to assure that new
buildings or major renovations of existing buildings costing $1 million or more in
total renovation project costs are energy efficient and environmentally
sustainable.
B.
The Department of Management and Budget, after consultation with the State
Energy Office, shall implement procedures to assure that all new state-owned
buildings and all newly constructed buildings leased by the state are designed and
constructed in accordance with the Leadership in Energy and Environmental
Design (LEED) Green Building Rating System developed by the United States
Green Building Council.
C.
In complying with the requirements of this Section VI, the Department of
Management and Budget, after consultation with the State Energy Office, shall do
all of the following:
12096859.2
1.
Assure that the design and construction of new state-owned or leased
buildings is accomplished consistent with LEED guidelines. When
determined by the Department of Management and Budget to be
attainable, the Department shall strive to obtain a score for the building of
Platinum Level on the LEED New Construction scorecard.
2.
Assure that the design and construction of building renovation projects
costing $1 million or more in total renovation project costs are
accomplished consistent with LEED guidelines. When determined by the
Department of Management and Budget to be attainable, the Department
shall strive to obtain a score for the renovation of Platinum Level on the
LEED Existing Building scorecard and of Platinum Level on the LEED
Commercial Interiors scorecard. This paragraph shall not be interpreted to
require an entire building to be renovated to obtain LEED points when the
building renovation project is for a portion of a building.
VII.
Assure that the design and construction of facilities maintenance and
minor renovation projects are accomplished consistent with LEED
guidelines. This paragraph shall not be interpreted to mandate the use of a
LEED scoring system.
4.
Join, along with other principal state departments as the Department of
Management and Budget deems necessary, the United States Green
Building Council.
USE OF GREEN LODGING MICHIGAN PROGRAM
A.
VIII
3.
Departments and agencies are encouraged whenever practical and cost-efficient to
utilize meeting or conference facilities and lodging facilities participating in the
Green Lodging Michigan Program jointly administered by the Department of
Environmental Quality and the State Energy Office.
MATERIALS MANAGEMENT PLAN
A.
12096859.2
By July 1, 2008, the Department of Management and Budget, in cooperation with
the Department of Environmental Quality, shall develop and implement a state
materials management plan to promote, whenever feasible, environmentallysound purchasing, use, reuse, and recycling of materials by state departments and
agencies. The plan shall provide for all of the following:
1.
An inventory of existing efforts in state government related to
environmentally-sound purchasing, use, reuse, and recycling of materials.
2.
Recommendations to expand the use of environmentally-sound
purchasing, use, reuse, and recycling of materials by state departments and
agencies.
3.
Review of waste stream management to enhance reuse and recycling
efforts and maximize return to the state.
4.
A pollution prevention and recycling guidance document for departments
and agencies to assist employees in maximizing the effectiveness of
environmentally-sound purchasing, use, reuse, and recycling of materials.
5.
Implementation of an education and information program to assist state
employees in the practice of recycling and pollution prevention, including,
but not limited to environmentally-preferred procurement options,
reduction in the use of products and materials, and increased opportunities
for reuse and recycling as provided under Section 16502 of the Natural
Resources and Environmental Protection Act, 1994 PA 451, MCL
324.16502.
IX.
RECOGNITION OF EFFORTS TO IMPROVE STATE ENERGY EFFICIENCY
A.
X.
The Department of Environmental Quality, in cooperation with the Department of
Management and Budget and the State Energy Office, shall establish an annual
award program to be known as the Governor's Award for Excellence in Energy
Efficiency to annually recognize and reward state department or agency progress
in implementing cost-effective energy efficiency and Energy Conservation
Measures and for achieving energy savings consistent with this Directive.
IMPLEMENTATION AND ENFORCEMENT
A.
The Department of Environmental Quality, the Department of Management and
Budget, the State Energy Office and the Michigan Public Service Commission
shall provide technical assistance to state departments and agencies in
implementing this Directive.
B.
The Department of Environmental Quality and the Department of Management
and Budget shall adopt policies and procedures to require all principal
departments to prepare an annual report describing steps taken to comply with this
Directive, including, but not limited to, department progress in employing
strategies to improve energy efficiency, implementation of energy conservation
measures, and savings achieved.
C.
All departments and agencies shall assist the Department of Environmental
Quality and the Department of Management and Budget, as necessary, in
implementing the requirements of this Directive.
D.
The Department of Environmental Quality and the Department of Management
and Budget shall enforce the requirements of this Directive and any policies,
procedures, or department directives issued to implement this Directive pursuant
to The Management and Budget Act, 1984 PA 431, MCL 18.1101 to 18.1594.
E.
Reports of violation of the requirements of this Directive shall be transmitted to
the Director of the Department of Environmental Quality and the Director of the
Department of Management and Budget.
F.
This Directive supersedes Executive Directives 2005-4 and 2007-6. Executive
Directives 2005-4 and 2007-6 are rescinded in their entirety.
This Directive is effective immediately.
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Minnesota (back to top)
CHAPTER 16B
DEPARTMENT OF ADMINISTRATION
16B.32 ENERGY USE.
Subdivision 1. Alternative energy sources.Plans prepared by the commissioner for a new
building or for a renovation of 50 percent or more of an existing building or its energy systems
must include designs which use active and passive solar energy systems, earth sheltered
construction, and other alternative energy sources where feasible.
Subdivision 1a. Onsite energy generation from renewable sources. A state agency that
prepares a predesign for a new building must consider meeting at least two percent of the energy
needs of the building from renewable sources located on the building site. For purposes of this
subdivision, "renewable sources" are limited to wind and the sun. The predesign must include an
explicit cost and price analysis of complying with the two-percent requirement compared with
the present and future costs of energy supplied by a public utility from a location away from the
building site and the present and future costs of controlling carbon emissions. If the analysis
concludes that the building should not meet at least two percent of its energy needs from
renewable sources located on the building site, the analysis must provide explicit reasons why
not. The building may not receive further state appropriations for design or construction unless at
least two percent of its energy needs are designed to be met from renewable sources, unless the
commissioner finds that the reasons given by the agency for not meeting the two-percent
requirement were supported by evidence in the record.
Subdivision 2. Energy conservation goals. The commissioner of administration in consultation
with the commissioner of commerce, in cooperation with one or more public utilities or
comprehensive energy services providers, may conduct a shared-savings program involving
energy conservation expenditures on state-owned and wholly state-leased buildings. The public
utility or energy services provider shall contract with appropriate state agencies to implement
energy efficiency improvements in the selected buildings. A contract must require the public
utility or energy services provider to include all energy efficiency improvements in selected
buildings that are calculated to achieve a cost payback within ten years. The contract must
require that the public utility or energy services provider be repaid solely from energy cost
savings and only to the extent of energy cost savings. Repayments must be interest-free. The
goal of the program in this paragraph is to demonstrate that through effective energy
conservation the total energy consumption per square foot of state-owned and wholly stateleased buildings could exceed existing energy code by at least 30 percent. All agencies must
report to the commissioner of administration their monthly energy usage, building schedules,
inventory of energy-consuming equipment, and other information as needed by the
commissioner to manage and evaluate the program.
Subdivision 3. Gifts. The commissioner may accept gifts for energy efficiency improvements in
state-owned and wholly leased buildings. Energy cost savings from these improvements, up to
the cost of these improvements, shall be deposited in a special revenue fund established in the
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state treasury. Money in the special revenue fund is appropriated to the commissioner to
implement further energy efficiency improvements in state-owned or wholly leased buildings.
16B.321 DEFINITIONS.
Subdivision 1. Scope. For the purpose of this section and section 16B.322, the terms defined in
this section have the meanings given them.
Subdivision 2. Energy improvement project. "Energy improvement project" means:
(1) a project to improve energy efficiency in a building or facility, including the design,
acquisition, installation, construction, and commissioning of equipment or improvements to a
building or facility owned or operated by a state agency, and training of building or facility staff
necessary to properly operate and maintain the equipment or improvements; or
(2) a project to design, acquire, install, construct, and commission equipment or products to
utilize solar, wind, geothermal, biomass, or other alternative energy sources in heating, cooling,
or providing electricity for a building or facility owned or operated by a state agency and training
of building or facility staff necessary to properly operate and maintain the equipment or
improvements.
Subdivision 3. Energy project study. "Energy project study" means a technical and financial
study of one or more energy improvement projects, including:
(1) an analysis of historical energy consumption and cost data;
(2) a description of existing equipment, structural elements, operating characteristics, and other
conditions affecting energy use;
(3) a description of the proposed energy improvement projects;
(4) a detailed budget for the proposed project; and
(5) calculations sufficient to demonstrate the expected energy and operational cost savings and
reduction in fossil-fuel use.
Subdivision 4. Financing agreement. "Financing agreement" means a tax-exempt leasepurchase agreement entered into by the commissioner of administration and a financial
institution under a standard project financing agreement offered under section 16B.322,
subdivision 4.
Subdivision 5.State agency. "State agency" means any office, board, commission, authority,
department, or other agency of the executive branch of state government.
16B.322 STATE ENERGY IMPROVEMENT FINANCING PROGRAM.
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Subdivision 1. Commissioner's authority and duties; state agency authority. The
commissioner shall administer the energy improvement financing program created by this
section. A state agency may enter into contracts for the purposes of this section with the
commissioner and participating financial institutions. All technical services and construction
contracts shall be executed through the appropriate procurement procedure in this chapter,
chapter 16C, and other applicable law.
Subdivision 2. Program eligibility; voluntary program participation; targeted technical
services. A state agency may elect to participate in the program. The commissioner may
prioritize and target technical services offered under subdivision 3 to state agencies with state
buildings or facilities that the commissioner determines offer the greatest potential to improve
energy efficiency or reduce use of fossil-fuel energy.
Subdivision 3. Targeted technical services. The commissioner may require full or partial
reimbursement of costs for technical services provided to a state agency, subject to terms and
conditions specified and agreed to by contract prior to the delivery of technical services.
Subdivision 4. Financing agreement. The commissioner shall solicit proposals from private
financial institutions on an individual project or line of credit basis and may enter into a
financing agreement with one or more financial institutions. If a financing agreement is for an
individual project, the term of the financing agreement shall not exceed 15 years from the date of
final completion of the energy improvement project and a financing agreement is assignable to
the state agency operating or managing the state building or facility improved by the energy
improvement project. The term of a financing agreement on an individual project basis must be
less than the average expected useful life of the energy saving measures implemented under the
project. The proceeds from the financing agreement are appropriated to the commissioner and
may be used for the purposes of this section and are available until spent.
Subdivision 4a. Follow customary terms. The commissioner of administration may, in
connection with a financing agreement, covenant that the state will abide by the terms and
provisions that are customary in net lease or lease-purchase transactions including, but not
limited to, covenants providing that the state:
(1) will maintain insurance as required under the terms of the lease agreement;
(2) is responsible to the lessor for any public liability or property damage claims or costs related
to the selection, use, or maintenance of the leased equipment, to the extent of insurance or selfinsurance maintained by the lessee, and for costs and expenses incurred by the lessor as a result
of any default by the lessee;
(3) authorizes the lessor to exercise the rights of a secured party with respect to the equipment
subject to the lease in the event of default by the lessee and, in addition, for the present recovery
of lease rentals due during the current term of the lease as liquidated damages.
Subdivision 4b. Master lease-purchase agreements not debt. A financing agreement under
this section does not constitute or create a general or moral obligation or indebtedness of the state
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in excess of the money from time to time appropriated or otherwise available for the payment of
rent coming due under the lease, and the state has no continuing obligation to appropriate money
for the payment of rent or other obligations under the agreement. Rent due under a financing
agreement under this section during a current term for which money has been appropriated is a
current expense of the state.
Subdivision 4c. Budget offset. The commissioner shall require a state agency that uses the state
energy improvement program to certify that the agency will budget, allocate, and commit agency
funds sufficient to make rent payments under a financing agreement until all rent obligations are
paid in full. In the event a participating agency fails to make a rent payment, the commissioner of
management and budget shall reduce the operating budget of the state agency. The amount of the
reduction is the amount sufficient to make the actual payments.
Subdivision 5. Qualifying energy improvement projects. The commissioner may approve an
energy improvement project for a financing agreement if the commissioner determines that:
(1) the project and project financing agreement have been approved by the governing body or
head of the state agency that operates or manages the state building or facility to be improved;
(2) the project is technically and economically feasible;
(3) the state agency that operates or manages the state building or facility has made adequate
provision for the operation and maintenance of the project;
(4) if an energy efficiency improvement, the project is calculated to result in a positive cash flow
in each year the financing agreement is in effect;
(5) the project proposer has fully explored the use of conservation investment plan opportunities
under section 216B.241 with the utilities providing gas and electric service to the energy
improvement project;
(6) if a renewable energy improvement, the project is calculated to reduce use of fossil-fuel
energy; and
(7) if a geothermal energy improvement, the project is calculated to produce savings in terms of
nongeothermal energy and costs.
For the purpose of clause (6), "renewable energy" is energy produced by an eligible energy
technology as defined in section 216B.1691, subdivision 1, paragraph (a), clause (1).
Subd. 6.Program costs.
Program costs incurred by the commissioner or a state agency that are not reimbursed or paid
directly under a financing agreement may be paid with money made available to the
commissioner under section 216C.43, subdivision 10.
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Subdivision 7. Conservation investment plan savings goals. A utility or association may
count toward its energy-savings goals under section 216B.241, subdivision 1c, the energy
savings resulting from its investment in an energy improvement project.
Subdivision 8. Report. Beginning January 15, 2009, and each year thereafter, the commissioner
of administration shall submit to the chairs and ranking minority members of the senate and
house of representatives committees on energy finance a report containing, at a minimum, the
following information regarding projects implemented under this section:
(1) the total number of projects;
(2) the amount of calculated and, if available, actual energy savings for each project;
(3) the cost of each project; and
(4) the total amount paid for technical services provided under subdivision 3 for each project.
16B.323 SOLAR ENERGY IN STATE BUILDINGS..
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the
meanings given.
(b) "Made in Minnesota" means the manufacture in this state of:
(i) components of a solar thermal system certified by the Solar Rating and Certification
Corporation; or
(ii) solar photovoltaic modules that:
(1) are manufactured at a manufacturing facility in Minnesota that is registered and authorized to
manufacture those solar photovoltaic modules by Underwriters Laboratory, CSA International,
Intertek, or an equivalent independent testing agency;
(2) bear certification marks from Underwriters Laboratory, CSA International, Intertek, or an
equivalent independent testing agency; and
(3) meet the requirements of section 116C.7791, subdivision 3, paragraph (a), clauses (1), (5),
and (6).
For the purposes of clause (ii), "manufactured" has the meaning given in section 116C.7791,
subdivision 1, paragraph (b), clauses (1) and (2).
(c) "Major renovation" means a substantial addition to an existing building, or a substantial
change to the interior configuration or the energy system of an existing building.
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(d) "Solar energy system" means solar photovoltaic modules alone or installed in conjunction
with a solar thermal system.
(e) "Solar photovoltaic module" has the meaning given in section 116C.7791, subdivision 1,
paragraph (e).
(f) "Solar thermal system" has the meaning given "qualifying solar thermal project" in section
216B.2411, subdivision 2, paragraph (e).
(g) "State building" means a building whose construction or renovation is paid wholly or in part
by the state from the bond proceeds fund.
Subdivision 2. Solar energy system. (a) As provided in paragraphs (b) and (c), a project for the
construction or major renovation of a state building, after the completion of a cost-benefit
analysis, may include installation of "Made in Minnesota" solar energy systems of 40 kilowatts
capacity on, adjacent, or in proximity to the state building.
(b) The capacity of a solar system must be less than 40 kilowatts to the extent necessary to match
the electrical load of the building or to the extent necessary to keep the costs for the installation
below the five percent maximum set by paragraph (c).
(c) The cost of the solar system must not exceed five percent of the appropriations from the bond
proceeds fund for the construction or renovation of the state building. Purchase and installation
of a solar thermal system may account for no more than 25 percent of the cost of a solar system
installation.
(d) A project subject to this section is ineligible to receive a rebate for the installation of a solar
energy system under section 116C.7791 or from any utility.
16B.325 SUSTAINABLE BUILDING GUIDELINES.
Subdivision 1. Development of sustainable building guidelines. The Department of
Administration and the Department of Commerce, with the assistance of other agencies, shall
develop sustainable building design guidelines for all new state buildings by January 15, 2003,
and for all major renovations of state buildings by February 1, 2009. The primary objectives of
these guidelines are to ensure that all new state buildings, and major renovations of state
buildings, initially exceed the state energy code, as established in Minnesota Rules, chapter
7676, by at least 30 percent.
Subd. 2. Lowest possible cost; energy conservation. The guidelines must focus on
achieving the lowest possible lifetime cost for new buildings and major renovations, and allow
for changes in the guidelines that encourage continual energy conservation improvements in new
buildings and major renovations. The guidelines shall define “major renovations” for purposes of
this section. The definition may not allow “major renovations” to encompass less than 10,000
square feet or to encompass less than the replacement of the mechanical, ventilation, or cooling
system of the building or a section of the building. The design guidelines must establish
12096859.2
sustainability guidelines that include air quality and lighting standards and that create and
maintain a healthy environment and facilitate productivity improvements; specify ways to reduce
material costs; and must consider the long-term operating costs of the building, including the use
of renewable energy sources and distributed electric energy generation that uses a renewable
source or natural gas or a fuel that is as clean or cleaner than natural gas.
Subd. 3. Development of guidelines; applicability. In developing the guidelines, the
departments shall use an open process, including providing the opportunity for public comment.
The guidelines established under this section are mandatory for all new buildings receiving
funding from the bond proceeds fund after January 1, 2004, and for all major renovations
receiving funding from the bond proceeds fund after January 1, 2009.
Subd. 4. Guideline revisions. The commissioners of administration and commerce shall
review the guidelines periodically and as soon as practicable revise the guidelines to incorporate
performance standards developed under section 216B.241, subdivision 9.
16B.326 HEATING AND COOLING SYSTEMS; STATE-FUNDED BUILDINGS.
The commissioner must review project proposer's study for geothermal and solar thermal
applications as possible uses for heating or cooling for all building projects subject to a predesign
review under section 16B.335 that receive any state funding for replacement of heating or
cooling systems. When practicable, geothermal and solar thermal heating and cooling systems
must be considered when designing, planning, or letting bids for necessary replacement or initial
installation of cooling or heating systems in new or existing buildings that are constructed or
maintained with state funds. The predesign review must include a written plan for compliance
with this section from a project proposer.
For the purposes of this section, "solar thermal" means a flat plate or evacuated tube with a fixed
orientation that collects the sun's radiant energy and transfers it to a storage medium for
distribution as energy for heating and cooling.
16B.327 RECYCLING CONSTRUCTION AND DEMOLITION WASTE FROM STATE
BUILDINGS; REQUIREMENT.
The commissioner shall require in contracts for the construction, renovation, or demolition of a
state building that the contractor and any subcontractor must divert from deposit in a landfill and
must recycle at least 50 percent of the nonhazardous construction and demolition waste,
measured by tonnage or volume, produced by the project or demonstrate that the waste was
delivered to construction and demolition waste recycling facilities that maintain a 50 percent
annual recycling rate. This requirement applies to a project to construct, renovate, or demolish a
state building that receives funding from the bond proceeds fund after January 1, 2011, provided
that:
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(1) the project is located within 40 miles of a construction and demolition waste recycling
facility that meets the requirements of this section and can process the applicable building
materials; and
(2) for construction and renovation projects, funding from the bond proceeds fund is $5,000,000
or more.
For the purposes of this section, "state building" means a building wholly owned or leased by a
state agency, the Minnesota State Colleges and Universities, or the University of Minnesota.
16B.328 OUTDOOR LIGHTING FIXTURES MODEL ORDINANCE.
Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings
given:
(1) "energy conservation" means reducing energy use and includes: (i) using a light with lower
wattage; and (ii) using devices such as time controls, motion detectors, or on and off switches
that limit unnecessary use of lighting;
(2) "cutoff luminaire" means a luminaire in which 2.5 percent or less of the lamp lumens are
emitted above a horizontal plane through the luminaire's lowest part and ten percent or less of the
lamp lumens are emitted at a vertical angle 80 degrees above the luminaire's lowest point;
(3) "light pollution" means the shining of light produced by a luminaire above the height of the
luminaire and into the sky;
(4) "lumen" means a unit of luminous flux. One footcandle is one lumen per square foot. For
purposes of this section, the lumen-output values are the initial lumen-output rating of the lamp;
(5) "luminaire" means a complete lighting unit consisting of a light source and all necessary
mechanical, electrical, and decorative parts; and
(6) "outdoor lighting fixture" means any type of fixed or movable lighting equipment that is
designed or used for illumination outdoors. The term includes billboard lighting, streetlights,
searchlights, and other lighting used for advertising purposes and area lighting. The term does
not include lighting equipment that is required by law to be installed on motor vehicles or
lighting required for the safe operation of aircraft.
Subd. 2. Model ordinance. The commissioner of administration, in consultation with the
commissioner of commerce, associations for local governments, and any other interested person,
shall develop a model ordinance that can be adapted for use by cities, counties, and towns,
governing outdoor lighting to reduce light pollution. The model ordinance must address:
(1) standards for lighting on private property; outdoor advertising; lighting on commercial,
industrial, or institutional property; canopies covering fueling stations; and public streets,
sidewalks, and alleys;
12096859.2
(2) how illumination levels should be measured;
(3) possible exemptions, such as for temporary emergency or hazard lighting;
(4) recommended elements for an exterior lighting plan for a development;
(5) treatment of nonconforming lighting;
(6) lighting standards that might apply in special subdistricts;
(7) light pole maximum heights; and
(8) light trespass.
Subd. 3.Standards for state-funded outdoor lighting fixtures.
(a) An outdoor lighting fixture may be installed or replaced using state funds only if:
(1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated output of the
outdoor lighting fixture is greater than 1,800 lumens;
(2) the minimum illuminance adequate for the intended purpose is used with consideration given
to nationally recognized standards;
(3) for lighting of a designated highway of the state highway system, the Department of
Transportation determines that the purpose of the outdoor lighting fixture cannot be achieved by
the installation of reflective road markers, lines, warning or informational signs, or other
effective passive methods; and
(4) full consideration has been given to energy conservation and savings, reducing glare,
minimizing light pollution, and preserving the natural night environment.
(b) Paragraph (a) does not apply if:
(1) a federal law, rule, or regulation preempts state law;
(2) the outdoor lighting fixture is used on a temporary basis because emergency personnel
require additional illumination for emergency procedures;
(3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
(4) special events or situations require additional illumination, provided that the illumination
installed shields the outdoor lighting fixtures from direct view and minimizes upward lighting
and light pollution;
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(5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of a single object
or distinctive building; or
(6) a compelling safety interest exists that cannot be addressed by another method.
(c) This subdivision does not apply to the operation and maintenance of lights or lighting
systems purchased or installed, or for which design work is completed, before August 1, 2008.
(d) This section does not apply if a state agency or local unit of government determines that
compliance with this section would:
(1) require an increased use of electricity;
(2) increase the construction cost of a lighting system more than 15 percent over the construction
cost of a lighting system that does not comply with this section;
(3) increase the cost of operation and maintenance of the lighting system more than ten percent
over the cost of operating and maintaining the existing lighting system over the life of the
lighting system; or
(4) result in a negative safety impact.
CHAPTER 473
METROPOLITAN GOVERNMENT
473.759. CRITERIA AND CONDITIONS
Subdivision 1. Binding and enforceable. In developing the ballpark and entering into
related contracts, the authority must follow and enforce the criteria and conditions in
subdivisions 2 to 15, provided that a determination by the authority that those criteria or
conditions have been met under any agreement or otherwise shall be conclusive.
Subd. 2. Team contributions. The team must agree to contribute $130,000,000 toward
ballpark costs, less a proportionate share of any amount by which actual ballpark costs may be
less than a budgeted amount of $390,000,000. The team contributions must be funded in cash
during the construction period. The team shall deposit $45,000,000 to the construction fund to
pay for the first ballpark costs. The balance of the team's contribution must be used to pay the
last costs of the ballpark construction. In addition to any other team contribution, the team must
agree to assume and pay when due all cost overruns for the ballpark costs that exceed the budget.
Subd. 3. Reserve for capital improvements. The authority shall require that a reserve
fund for capital improvements to the ballpark be established and funded with annual payments of
$2,000,000, with the team's share of those payments to be approximately $1,000,000, as
determined by agreement of the team and county. The annual payments shall increase according
to an inflation index determined by the authority, provided that any portion of the team's
contribution that has already been reduced to present value shall not increase according to an
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inflation index. The authority may accept contributions from the county or other source for the
portion of the funding not required to be provided by the team.
Subd. 4. Lease or use agreements. The authority must agree to a long-term lease or use
agreement with the team for its use of the ballpark. The team must agree to play all regularly
scheduled and postseason home games at the ballpark. Preseason games may also be scheduled
and played at the ballpark. The lease or use agreement must be for a term of at least 30 years
from the date of ballpark completion. The lease or use agreement must include terms for default,
termination, and breach of the agreement. Recognizing that the presence of major league
baseball provides to Hennepin County, the state of Minnesota, and its citizens highly valued,
intangible benefits that are virtually impossible to quantify and, therefore, not recoverable in the
event of a team owner's breach of contract, the lease and use agreements must provide for
specific performance and injunctive relief to enforce provisions relating to use of the ballpark for
major league baseball and must not include escape clauses or buyout provisions. The team must
not enter into or accept any agreement or requirement with or from Major League Baseball or
any other entity that is inconsistent with the team's binding commitment to the 30-year term of
the lease or use agreement or that would in any manner dilute, interfere with, or negate the
provisions of the lease or use agreement, or of any grant agreement under section 473.757 that
includes a specific performance clause, providing for specific performance or injunctive relief.
The legislature conclusively determines, as a matter of public policy, that the lease or use
agreement, and any grant agreement under section 473.757 that includes a specific performance
clause: (a) explicitly authorize specific performance as a remedy for breach; (b) are made for
adequate consideration and upon terms which are otherwise fair and reasonable; (c) have not
been included through sharp practice, misrepresentation, or mistake; (d) if specifically enforced,
do not cause unreasonable or disproportionate hardship or loss to the team or to third parties; and
(e) involve performance in such a manner and the rendering of services of such a nature and
under such circumstances that the beneficiary cannot be adequately compensated in damages.
Subd. 5. Notice requirement for certain events.
Until 30 years from the date of
ballpark completion, the team must provide written notice to the authority not less than 90 days
prior to any action, including any action imposed upon the team by Major League Baseball,
which would result in a breach or default of provisions of the lease or use agreements required to
be included under subdivision 4. If this notice provision is violated and the team has already
breached or been in default under the required provisions, the authority, the county, or the state
of Minnesota is authorized to specifically enforce the lease or use agreement, and Minnesota
courts are authorized and directed to fashion equitable remedies so that the team may fulfill the
conditions of the lease and use agreements, including, but not limited to, remedies against Major
League Baseball.
Subd. 6. Enforceable financial commitments. The authority must determine before
ballpark construction begins that all public and private funding sources for construction of the
ballpark are included in written agreements. The committed funds must be adequate to design,
construct, furnish, and equip the ballpark.
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Subd. 7. Environmental requirements. The authority must comply with all
environmental requirements imposed by regulatory agencies for the ballpark, site, and structure,
except as provided by section 473.758, subdivision 1.
Subd. 8. Right of first refusal. The lease or use agreement must provide that, prior to
any planned sale of the team, the team must offer a corporation formed under section 473.763 a
right of first refusal to purchase the team at the same price and upon the same terms and
conditions as are contemplated in the intended sale.
Subd. 9. Public share upon sale of team. The lease or use agreement must provide that,
if the team is sold after May 27, 2006, a portion of the sale price must be paid to the authority
and deposited in a reserve fund for improvements to the ballpark or expended as the authority
may otherwise direct. The portion required to be so paid to the authority is 18 percent of the
gross sale price, declining to zero ten years after commencement of ballpark construction in
increments of 1.8 percent each year. The agreement shall provide exceptions for sales to
members of the owner's family and entities and trusts beneficially owned by family members,
sales to employees of equity interests aggregating up to ten percent, and sales related to capital
infusions not distributed to the owners.
Subd. 10. Access to books and records. The lease or use agreement must provide the
authority access to annual audited financial statements of the team and other financial books and
records that the authority deems necessary to determine compliance by the team with Laws 2006,
chapter 257, and to enforce the terms of any lease or use agreements entered into under Laws
2006, chapter 257. Any financial information obtained by the authority under this subdivision is
nonpublic data under section 13.02, subdivision 9.
Subd. 11. Affordable access. To the extent determined by the authority or required by a
grant agreement, any lease or use agreement must provide for affordable access to the
professional sporting events held in the ballpark.
Subd. 12. No strikes; lockouts. The authority must negotiate a public sector project
labor agreement or other agreement to prevent strikes and lockouts that would halt, delay, or
impede construction of the ballpark and related facilities.
Subd. 13. Youth and amateur sports. The lease or use agreement must require that the
team provide or cause to be provided $250,000 annually for the term of the agreement for youth
activities and youth and amateur sports without reducing the amounts otherwise normally
provided for and on behalf of the team for those purposes. The amounts shall increase according
to an inflation factor not to exceed 2.5 percent annually and may be subject to a condition that
the county fund grants for similar purposes.
Subd. 14. Name retention. The lease or use agreement must provide that the team and
league will transfer to the state of Minnesota the Minnesota Twins' heritage and records,
including the name, logo, colors, history, playing records, trophies, and memorabilia in the event
of any dissolution or relocation of the Twins franchise.
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Subd. 15. Ballpark design.
(a)
If the authority obtains grants sufficient to cover the increased costs, the authority
must ensure that the ballpark receives Leadership in Energy and Environmental
Design (LEED) certification for environmental design, and to the extent
practicable, that the ballpark design is architecturally significant. The Department
of Administration and the Department of Commerce must cooperate with the
authority to obtain any grants or other funds that are available to help to pay for
the cost of meeting the requirements for the LEED certification.
(b)
The ballpark design must, to the extent feasible, follow sustainable building
guidelines established under section 16B.325.
(c)
The authority must ensure that the ballpark be, to the greatest extent practicable,
constructed of American-made steel.
469.1655. Qualified green building and sustainable design projects
Subdivision 1. Project designation and eligibility. (a) A municipality or redevelopment agency
issuing revenue bonds under sections 469.152 to 469.165 may designate the project for which the
bonds are issued as a qualified green building and sustainable design project as provided in this
section.
(b) The issuer must ensure that each designated project substantially:
(1) reduces consumption of electricity compared to conventional construction;
(2) reduces daily carbon dioxide emissions compared to energy generated from coal;
(3) increases the use of solar photovoltaic cells or solar thermal cells in this state; or
(4) increases the use of fuel cells to generate energy.
(c) Before designating a project under this section, the issuer must document in writing that the
project will satisfy the eligibility criteria in this section.
(d) At least 75 percent of the square footage of commercial buildings that are part of the project
must be registered with a recognized green building rating system, including Minnesota's
sustainable building guidelines or the United States Green Building Council's LEED
certification or the Green Building Initiative's Green Globes certification, or in the case of
residential buildings, Minnesota GreenStar rating or the National Association of Home Builders
National Green Building Standard certification, and must be reasonably expected to receive the
certification.
Subd. 2. Applications. An application for designation under this section must include a project
proposal that describes the energy-efficiency, renewable energy, and sustainable design features
of the project and demonstrates that the project satisfies the eligibility criteria in this section. The
application must include a description of:
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(1) the amount of electric consumption reduced as compared to conventional construction;
(2) the amount of carbon dioxide daily emissions reduced compared to energy generated
from coal;
(3) the amount of the gross installed capacity of the project's solar photovoltaic capacity
measured in megawatts; and
(4) the amount in megawatts of the project's energy generated by fuel cells.
Subd. 3. Use of bond financing. The project proposal must include a description of the bond
financing that will be allocated for financing of one or more of the following:
(1) the purchase, construction, integration, or other use of energy-efficiency, renewable
energy, and sustainable design features of the project; or
(2) compliance with certification standards cited under subdivision 1, paragraph (d).
216C.414. “Made in Minnesota” solar energy production incentive
Subdivision 1. Setting incentive. Within 90 days of a module being certified as “Made in
Minnesota” the commissioner of commerce shall set a solar energy production incentive amount
for that solar photovoltaic module for the purpose of the incentive payment under section
216C.415. The incentive is a performance-based financial incentive expressed as a per kilowatthour amount. The amount shall be used for incentive applications approved in the year to which
the incentive amount is applicable for the ten-year duration of the incentive payments. An
incentive amount must be calculated for each module for each calendar year through 2023.
Subd. 2. Criteria for determining incentive amount. (a) The commissioner shall set the
incentive payment amount by determining the average amount of incentive payment required to
allow an average owner of installed solar photovoltaic modules a reasonable return on their
investment. In setting the incentive amount the commissioner shall consider:
(1) an estimate of the installed cost per kilowatt-direct current, based on the cost data
supplied by the manufacturer in the application submitted under section 216C.413, and
an estimate of the average installation cost based on a representative sample of
Minnesota solar photovoltaic installed projects;
(2) the average insolation rate in Minnesota;
(3) an estimate of the decline in the generation efficiency of the solar photovoltaic modules
over time;
(4) the rate paid by public utilities to owners of solar photovoltaic modules under section
216B.164 or other law;
(5) applicable federal tax incentives for installing solar photovoltaic modules; and
(6) the estimated levelized cost per kilowatt-hour generated.
(b) The commissioner shall annually, for incentive applications received in a year, revise each
incentive amount based on the factors in paragraph (a), clauses (1) to (6), general market
conditions, and the availability of other incentives. In no case shall the “Made in Minnesota”
12096859.2
incentive amount result in the “Made in Minnesota” incentives paid exceeding 40 percent, net of
average applicable taxes on the ten-year incentive payments, of the average historic installation
cost per kilowatt. The commissioner may exceed the 40 percent cap if the commissioner
determines it is necessary to fully expend funds available for incentive payments in a particular
year.
Subd. 3. Metering of production. A public utility must, at the expense of a customer, provide a
meter to measure the production of a solar photovoltaic module system that is approved to
receive incentive payments. The public utility must furnish the commissioner with information
sufficient for the commissioner to determine the incentive payment. The information must be
provided on a calendar year basis by no later than March 1. The commissioner shall provide a
public utility with forms to use to provide the production information. A customer must attest to
the accuracy of the production information.
Subd. 4. Payment due date. Payments must be made no later than July 1 following the year of
production.
Subd. 5. Renewable energy credits. Renewable energy credits associated with energy provided
to a public utility for which an incentive payment is made belong to the utility.
216C.416. Solar thermal rebates
Subdivision 1. Rebate program created. The commissioner of commerce shall operate a
program to provide rebates for the installation of “Made in Minnesota” solar thermal systems in
the state. “Solar thermal system” means a flat plate or evacuated tube that meets the requirements
of section 216C.25 with a fixed orientation that collects the sun's radiant energy and transfers it
to a storage medium for distribution as energy to heat or cool air or water. A solar thermal
system is “Made in Minnesota” if components of the system are manufactured in Minnesota and
the solar thermal system is certified by the Solar Rating and Certification Corporation. The solar
thermal system may be installed in residential and commercial facilities for, among other
purposes, hot water, space heating, or pool heating purposes.
Subd. 2. Account; funding. (a) The solar thermal system rebate account is created as a separate
account in the special revenue fund in the state treasury. Earnings, such as interest, dividends,
and any other earnings arising from account assets, must be credited to the account. Funds in the
account are appropriated to the commissioner of commerce for the purpose of making the rebate
payments under this section and administering this section.
(b) Beginning January 1, 2014, and each January 1 thereafter to January 1, 2023, the
commissioner of commerce shall annually transfer $250,000 from the account created in
section 216C.412 for deposit in the account created in this subdivision.
(c) To the extent there are sufficient applications, the commissioner shall annually spend for
rebates under this section from 2014 to 2023, for a total of ten years, approximately
$250,000 per year. If sufficient applications are not received to spend the money
12096859.2
available for rebates in a year under this section, the unspent money must be returned to
the account from which it was transferred, provided that funds available for 2014
applications shall remain available for 2015 applications.
Subd. 3. Individual incentives. The maximum rebate for a single family residential dwelling
installation is the lesser of 25 percent of the installed cost of a complete system or $2,500. The
maximum rebate for a multiple family residential dwelling installation is the lesser of 25 percent
of the installed cost of a complete system or $5,000. The maximum rebate for a commercial
installation is the lesser of 25 percent of the installation cost of the complete system or $25,000.
The system must be installed by a factory authorized installer. The commissioner shall allocate
approximately 50 percent of the rebates in each year to solar thermal hot water and 50 percent to
solar thermal air projects if sufficient applications are made for each.
Subd. 4. Application process. Applications for incentives must be made to the commissioner of
commerce on forms provided by the commissioner. The commissioner shall use a random
process for the selection of recipients of incentives except to the extent necessary to allocate
rebates as required by this section.
12096859.2
Mississippi (back to top)
§ 31-11-35. Rules and regulations, energy performance of state-funded buildings,
construction projects
(1) The Department of Finance and Administration shall adopt rules and regulations which:
(a) Optimize the energy performance of state-funded buildings throughout the state;
(b) Increase the demand for building and construction materials, finishes, furnishings and
other products made in or incorporating materials produced in Mississippi;
(c) Improve environmental quality in this state by decreasing the discharge of pollutants
from state-funded buildings;
(d) Conserve energy and utilize local and renewable energy sources;
(e) Protect and restore this state's natural resources by avoiding development of
inappropriate state-funded building sites;
(f) Reduce the burden on public water supply and treatment by reducing potable water
consumption; and
(g) Encourage obtaining ENERGY STAR designation from the United States
Environmental Protection Agency to further demonstrate a building project's energy
independence.
(2) Each major facility project shall be designed and constructed to exceed the requirements of
the energy conservation guides adopted by the Department of Finance and Administration,
Bureau of Building, Grounds and Real Property Management, by at least thirty percent (30%)
where it is determined by the Department of Finance and Administration that such thirty percent
(30%) efficiency is cost-effective.
(3) In order to achieve sustainable building standards, construction projects may utilize a
nationally recognized high performance environmental building rating system; provided,
however, that any such rating system that uses a material or product-based credit system which is
disadvantageous to materials or products manufactured or produced in Mississippi shall not be
utilized. Additionally, such rating systems shall not exclude certificate credits for forest products
certified by the Sustainable Forestry Initiative, Forest Stewardship Council or the American Tree
Farm System. The Department of Finance and Administration shall designate rating systems
which meet these criteria and may establish its own rating system.
(4) A nationally certified commissioning authority professional shall certify that the major
facility project's systems for heating, ventilation, air conditioning, energy conservation and water
12096859.2
conservation are installed and working properly to ensure that each major facility project
performs according to the major facility project's overall environmental design intent and
operational objectives.
(5) For purposes of this section, a major facility project shall mean either:
(a) A state-funded new construction building project which is:
(i) From July 1 through December 31, 2009, the project shall be larger than twenty
thousand (20,000) gross square feet;
(ii) From January 1, 2010, through December 31, 2010, the project shall be larger than
fifteen thousand (15,000) gross square feet;
(iii) From January 1, 2011, through December 31, 2011, the project shall be larger
than ten thousand (10,000) gross square feet; and
(iv) From January 1, 2012, and thereafter, the project shall be larger than five thousand
(5,000) gross square feet;
(b) A state-funded renovation project which involves more than fifty percent (50%) of the
replacement value of the facility.
(6) A major facility project shall not mean a building, regardless of size, which does not have
conditioned space as defined by Standard 90.1 of the American Society of Heating,
Refrigerating, and Air Conditioning Engineers.
(7) For purposes of this section, a “major facility project” shall include, but not be limited to, the
construction or renovation of buildings that are financed, in whole or in part, through the use of a
community development block grant.
12096859.2
Missouri (back to top)
8.800. Definitions
As used in sections 8.800 to 8.825, the following terms mean:
(1) “Builder”, the prime contractor that hires and coordinates building subcontractors or if there
is no prime contractor, the contractor that completes more than fifty percent of the total
construction work performed on the building. Construction work includes, but is not limited to,
foundation, framing, wiring, plumbing and finishing work;
(2) “Department”, the department of natural resources;
(3) “Designer”, the architect, engineer, landscape architect, builder, interior designer or other
person who performs the actual design work or is under the direct supervision and responsibility
of the person who performs the actual design work;
(4) “District heating and cooling systems”, heat pump systems which use waste heat from
factories, sewage treatment plants, municipal solid waste incineration, lighting and other heat
sources in office buildings or which use ambient thermal energy from sources including
temperature differences in rivers to provide regional heating or cooling;
(5) “Division”, the division of design and construction;
(6) “Energy efficiency”, the increased productivity or effectiveness of energy resources use, the
reduction of energy consumption, or the use of renewable energy sources;
(7) “Gray water”, all domestic wastewater from a state building except wastewater from urinals,
toilets, laboratory sinks, and garbage disposals;
(8) “Life cycle costs”, the costs associated with the initial construction or renovation and the
proposed energy consumption, operation and maintenance costs over the useful life of a state
building or over the first twenty-five years after the construction or renovation is completed;
(9) “Public building”, a building owned or operated by a governmental subdivision of the state,
including, but not limited to, a city, county or school district;
(10) “Renewable energy source”, a source of thermal, mechanical or electrical energy produced
from solar, wind, low-head hydropower, biomass, hydrogen or geothermal sources, but not from
the incineration of hazardous waste, municipal solid waste or sludge from sewage treatment
facilities;
(11) “State agency”, a department, commission, authority, office, college or university of this
state;
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(12) “State building”, a building owned by this state or an agency of this state;
(13) “Substantial renovation” or “substantially renovated”, modifications that will affect at least
fifty percent of the square footage of the building or modifications that will cost at least fifty
percent of the building's fair market value.
8.803. Financing energy efficiency projects in state buildings, bond issue authorized,
procedure
The board of public buildings, in accordance with section 8.400, or the state environmental
improvement and energy resources authority, in accordance with sections 260.005 to 260.125
may authorize the sale of bonds or participate in other appropriate financing arrangements to
fund energy efficiency projects in state buildings. All energy efficiency projects for state
buildings proposed for funding by the environmental improvement and energy resources
authority pursuant to sections 8.800 to 8.825 and the anticipated amount of the bond issues or
other financing arrangement to fund such projects shall be specifically approved by the joint
committee on capital improvements oversight within forty-five days of notification to the
committee. If the committee does not meet within forty-five days, the projects shall stand
approved.
8.805. Energy savings in state building projects beyond financing obligation, how
deposited--criteria to be established for projected savings--report due when
1. For the first three years of each completed energy efficiency project for state buildings, to the
extent that there are energy savings beyond payment of the financing obligation, required
reserves and other expenses associated with project financing, one-half of the energy savings
shall be placed in the energy analyses account, created in section 8.807, and one-half shall revert
to the general revenue fund. The division, in conjunction with the department, shall establish
criteria for determining projected savings from energy efficiency projects in state buildings. The
division, in conjunction with all state agencies, shall establish criteria for determining the actual
savings which result from a specific energy efficiency project.
2. Beginning January 15, 1997, and annually thereafter, the office of administration and the
department of natural resources shall file a joint report to the house committee on energy and
environment, the senate committee on energy and environment, or their successor committees,
and the governor on the identification of, planning for and implementation of energy efficiency
projects in state buildings.
8.807. Energy analyses account established, purpose, administration, account not to lapse
into general revenue
1. The state treasurer shall establish, maintain and administer a special trust fund to be
administered by the department and to be known as the “Energy Analyses Account”, from which
the department shall use moneys to carry out the energy analyses of state buildings pursuant to
sections 8.815 and 8.817.
12096859.2
2. All moneys duly authorized and appropriated by the general assembly, all moneys received
from federal funds, gifts, bequests, donations, any other moneys so designated, all moneys
received pursuant to subsection 1 of section 8.805, and all interest earned on and income
generated from moneys in the fund shall immediately be paid to and deposited in the energy
analyses account.
3. The full balance, or any portion thereof, of the energy analyses account shall be available to be
used by the department to carry out the activities required in sections 8.815 and 8.817, subject to
appropriation.
4. Except as otherwise provided in sections 8.800 to 8.825, the provisions of section 33.080
requiring the transfer of unexpended funds to the ordinary revenue funds of the state, shall not
apply to funds in the energy analyses account.
8.810. State building construction or substantial renovation--analysis required, content-division of design and construction not to let contracts without considering--projection of
energy savings required, when
1. In addition to all other requirements imposed by law, the director of the division shall require,
for construction of a state building or substantial renovation of an existing state building when
major energy systems are involved, that a design professional submit an analysis which meets
the design program's space and use requirements and reflects the lowest life cycle cost possible
in light of existing commercially available technology. The analysis, using existing
commercially available technology, shall include, but shall not be limited to, designs which use
renewable energy sources, earth-sheltered construction, systems to recover and use waste heat,
thermal storage heat pump systems, ambient thermal energy, district heating and cooling
systems, devices to reduce water consumption, and plumbing systems to recover gray water for
appropriate reuse.
2. The director of the division shall not let a contract after January 1, 1996, for construction of a
state building or substantial renovation of an existing state building when major energy systems
are involved before completing an evaluation of the design documents and construction
documents based upon life cycle cost factors and the minimum energy efficiency standard
established in subsection 1 of section 8.812.
3. Any design documents submitted to the division under this section shall, in addition to any
other requirements under law, include a projection of the energy savings that will result from the
design features that are employed in order to comply with the minimum energy efficiency
standard established in subsection 1 of section 8.812.
8.812. Minimum energy efficiency standards for state buildings established by rule-compliance required--exemptions, when
12096859.2
1. By January 1, 2009, the department shall establish, by rule, a minimum energy efficiency
standard for construction of a state building over five thousand square feet, substantial
renovation of a state building over five thousand square feet when major energy systems are
involved or a building over five thousand square feet which the state or state agency considers
for acquisition or lease. Such standard shall be at least as stringent as the International Energy
Conservation Code 2006, or the latest version thereof.
2. All design which is initiated on or after July 1, 2009, for construction of a state building over
five thousand square feet or substantial renovation of a state building over five thousand square
feet when major energy systems are involved or any building over five thousand square feet
which the state or state agency considers for acquisition or lease after July 1, 2009, shall meet
applicable provisions of the minimum energy efficiency standard.
3. The commissioner of the office of administration may exempt any building from the
requirements of subsection 2 of this section:
(1) When compliance with the minimum energy efficiency standard may compromise the
safety of the building or any of its occupants; or
(2) When the cost of compliance is expected to exceed the projected energy cost savings
gained.
8.815. Voluntary working group of persons and interest groups with expertise in energy
efficiency to be established, duties
The department and the division shall establish a voluntary working group of persons and
interest groups with expertise in energy efficiency, including, but not limited to, such persons as
electrical engineers, mechanical engineers, builders, contractors, architects, landscape architects,
interior designers, nonprofit organizations, persons affiliated with gas or electric utilities, and
persons with expertise in solar and renewable energy forms. The voluntary working group shall
advise the department on the development of the energy efficiency standard and shall assist the
department in implementation of the standard by recommending, reviewing and coordinating
education programs for designers, builders, businesses and other interested persons to facilitate
incorporation of the standard into existing practices.
8.817. Analysis of all state buildings for energy efficiency, annual report due when--filed
with whom
The department shall analyze all state buildings for energy efficiency as funds become available,
using criteria promulgated by the department by rule incorporating state-of-the-art technology.
The results of the analyses shall be submitted by May fifteenth each year to the commissioner of
administration, the governor and the general assembly until all state building analyses are
completed. The results of the analysis of each state building shall be submitted to the state
agency which owns or operates that state building as well.
12096859.2
8.820. Baseline for energy consumption and costs for all buildings owned or leased by state
The division, in conjunction with the department, shall compile data on energy consumption and
energy costs for all buildings owned or leased by the state or a state agency to establish a
baseline for energy consumption and expenditures in buildings owned or leased by the state or a
state agency using existing data to the maximum extent possible.
8.823. Division to recommend energy efficient projects
The division shall recommend funding of energy efficiency projects in state buildings. The
division shall use energy efficiency analyses provided by the department and review criteria
established by the division with the purpose of achieving the maximum reduction in energy
usage consistent with the constraints of prudent cost justification.
825. Department to provide energy efficient practices information to persons in
construction or maintenance of state buildings
The department shall make available energy efficiency practices information to be used by
individuals involved in the design, construction, retrofitting and maintenance of public buildings
and state buildings.
Executive Order 09-18
WHEREAS, in recognition of the importance of energy efficiency and the use of clean, domestic
energy resources, and of the importance of the leadership role of state government; and
WHEREAS, the State of Missouri commits to managing operational costs and sustaining
resources for future generations; and
WHEREAS, the prudent utilization of energy conservation is of prime importance for the
continued economic and environmental progress of the State of Missouri; and
WHEREAS, the energy required for the operation of state government buildings is a significant
portion of the energy consumption of Missouri State Government; and
WHEREAS, the reduction of energy use in state government buildings will result in cost savings
and the preservation of valuable natural resources; and
WHEREAS, the State of Missouri has the duty and opportunity to moderate energy use.
12096859.2
NOW THEREFORE, I, JEREMIAH W. (JAY) NIXON, GOVERNOR OF THE STATE OF
MISSOURI, by virtue of the authority vested in me by the Constitution and laws of the State of
Missouri, do hereby order that all state agencies whose building management falls under the
direction of the Office of Administration shall institute policies in consultation with the Division
of Facilities Management, Design and Construction and the Department of Natural Resources’
Energy Center that will result in reductions of energy consumption by two percent per year for
each of the next 10 years.
All new state construction, buildings being constructed for lease by the state, and significant
renovations and replacement of energy-using equipment shall be at least as stringent as the most
recent energy efficiency standards of the International Energy Conservation Code (IECC).
Exemptions shall be limited to those listed in the IECC and exemptions approved by the Director
of Facilities Management, Design and Construction.
Energy efficiency shall be made a priority in design, construction and operation of state
government buildings. The Office of Administration shall develop and adopt a State Building
Energy Efficiency Design Standard that establishes and prioritizes energy efficient design
techniques specific to the needs and operations of state facilities. The State Building Energy
Efficiency Design Standard shall incorporate as goals the energy recommendations and practices
presented in the American Society of Heating, Refrigerating and Air-Conditioning Engineers’
(ASHRAE) Advanced Energy Design Guide for Small Office Buildings. The State Building
Energy Efficiency Design Standard shall also be made available for adoption by other state
agencies whose building management does not fall under the direction of the Office of
Administration.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal
of the State of Missouri, in the City of Jefferson, on this 23rd day of April, 2009.
12096859.2
Montana (back to top)
17-7-213. High-performance building standards
(1) New buildings and major renovations constructed under 17-7-202 and new state-leased
buildings must:
(a) be built and operated as high-performance buildings; and
(b) exceed the International Energy Conservation Code most recently adopted by the
department of labor and industry by 20% or to the extent that is cost-effective over the life
of the building or major renovation.
(2) The department, in collaboration with the Montana university system and other state
agencies, shall adopt high-performance building standards. In developing these standards, the
department shall consider:
(a) integrated design principles to optimize energy performance, enhance indoor
environmental quality, and conserve natural resources;
(b) cost-effectiveness, including productivity, deferred maintenance, and operational
considerations;
(c) environmental, economic, and social sustainability of materials and components; and
(d) building functionality, durability, and maintenance.
12096859.2
Nevada (back to top)
NRS 278.02521. Legislative intent
1. The Legislature recognizes the need for innovative strategies of planning and development
that:
(a) Address the anticipated needs and demands of continued urbanization and the
corresponding need to protect environmentally sensitive areas; and
(b) Will allow the development of less populous regions of this State if such regions:
(1) Seek increased economic development; and
(2) Have sufficient resources of land and water to accommodate development in a
manner that is environmentally sound.
2. The Legislature further recognizes that innovative strategies of planning and development may
be superior to conventional strategies of planning and development with respect to:
(a) Protecting environmentally sensitive areas;
(b) Maintaining the economic viability of agricultural and other predominantly rural land
uses; and
(c) Providing cost-effective public facilities and services.
3. It is the intent of the Legislature that each comprehensive regional policy plan adopted or
amended pursuant to this chapter should set forth a process of planning which:
(a) Allows for:
(1) The efficient use of land within existing urban areas; and
(2) The conversion of rural lands to other uses, if such other uses are appropriate and
consistent with the provisions of this chapter and the master plan of each affected
city and county.
(b) Uses innovative and flexible strategies of planning and development and creative
techniques of land use planning which promote sustainable growth, including, without
limitation, establishment of new towns, the maintenance of open space and mixed-use
development.
4. It is the further intent of the Legislature that when the governing body of a local government
adopts a master plan or zoning regulation, the plan or regulation should promote a strategy of
maximizing the use of existing facilities and services through redevelopment, interspersion of
new housing and businesses in established neighborhoods and other mechanisms for urban
revitalization.
5. It is the further intent of the Legislature that the construction of public facilities and the
provision of services necessary to support development should be coordinated with activities of
12096859.2
development to ensure that demand for such facilities and services can be met at the time the
demand is created. In carrying out this intent, local and regional governmental entities are
encouraged to construct public facilities, including, without limitation, buildings that are certified
in accordance with the Leadership in Energy and Environmental Design Green Building System
or its equivalent, provide services or carry out development in phases. Public facilities
constructed and services provided to accommodate new development should be consistent with
plans for capital improvements prepared pursuant to NRS 278.0226.
NRS 278.0208 Restrictions on use of system for obtaining solar or wind energy prohibited.
1. A governing body shall not adopt an ordinance, regulation or plan or take any other action that
prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably
restricting the owner of real property from using a system for obtaining solar energy on
his or her property.
2. Any covenant, restriction or condition contained in a deed, contract or other legal instrument
which affects the transfer or sale of, or any other interest in, real property and which
prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably
restricting the owner of the property from using a system for obtaining solar energy on
his or her property is void and unenforceable.
3. For the purposes of this section, the following shall be deemed to be unreasonable restrictions:
(a) The placing of a restriction or requirement on the use of a system for obtaining solar
energy which decreases the efficiency or performance of the system by more than 10
percent of the amount that was originally specified for the system, as determined by the
Director of the Office of Energy, and which does not allow for the use of an alternative
system at a substantially comparable cost and with substantially comparable efficiency
and performance.
(b) The prohibition of a system for obtaining solar energy that uses components painted with
black solar glazing.
NRS 278.02081 Mandatory consideration of certain standards and guidelines if governing
body establishes committee or task force on sustainable energy.
If a governing body establishes a committee or task force on sustainable energy, the committee
or task force shall consider:
1.
Standards for the efficient use of water;
2.
Standards for the efficient use of energy, including, without limitation, the use of sources
of renewable energy;
3.
Performance guidelines for new, remodeled and renovated buildings; and
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4.
Performance guidelines for retrofit projects, including, without limitation, energy
consumption, use of potable water, use of water for landscaping purposes and solid waste
disposal.
NRS 396.514 Instruction in essentials of green building construction and design.
Instruction within the System must be given in the essentials of green building construction and
design to assist students in preparing for the Leadership in Energy and Environmental Design
Professional Accreditation Exam or its equivalent.
NRS 701.010 Legislative findings; state policy.
1.
The Legislature finds that:
(a)
Energy is essential to the economy of the State and to the health, safety and
welfare of the people of the State.
(b)
The State has a responsibility to encourage the maintenance of a reliable and
economical supply of energy at a level which is consistent with the protection of
environmental quality.
(c)
The State has a responsibility to encourage the utilization of a wide range of
measures which reduce wasteful uses of energy resources.
(d)
The State and the public have an interest in encouraging public utilities to
promote and take actions toward energy conservation.
(e)
Planning for energy conservation and future energy requirements should include
consideration of state, regional and local plans for land use, urban expansion,
transportation systems, environmental protection and economic development.
(f)
Government and private enterprise need to accelerate research and development
of sources of renewable energy and to improve technology related to the research
and development of existing sources of energy.
(g)
While government and private enterprise are seeking to accelerate research and
development of sources of renewable energy, they must also prepare for and
respond to the advent of competition within the electrical energy industry and are,
therefore, encouraged to maximize the use of indigenous energy resources to the
extent competitively and economically feasible.
(h)
Prevention of delays and interruptions in providing energy, protecting
environmental values and conserving energy require expanded authority and
capability within State Government.
12096859.2
2.
It is the policy of this State to encourage participation with all levels of government and
private enterprise in cooperative state, regional and national programs to assure adequate
supplies of energy resources and markets for such energy resources.
3.
It is the policy of this State to assign the responsibility for managing and conserving
energy and its sources to agencies whose other programs are similar, to avoid duplication
of effort in developing policies and programs for energy.
NRS 701.020 Definitions.
As used in this chapter, unless the context otherwise requires, the words and terms defined in
NRS 701.030 to 701.090, inclusive, have the meanings ascribed to them in those sections.
NRS 701.030 “Biomass” defined.
“Biomass” means any organic matter that is available on a renewable basis, including, without
limitation:
1.
2.
3.
4.
5.
Agricultural crops and agricultural wastes and residues;
Wood and wood wastes and residues;
Animal wastes;
Municipal wastes; and
Aquatic plants.
NRS 701.040 “Consumer’s Advocate” defined.
“Consumer’s Advocate” means the Consumer’s Advocate of the Bureau of Consumer Protection
in the Office of the Attorney General.
NRS 701.050 “Director” defined.
“Director” means the Director of the Office of Energy appointed pursuant to NRS 701.150.
701.055. “Energy development project” defined
“Energy development project” means a project for the generation, transmission and
development of energy located on public or private land. The term includes, without limitation:
1. A utility facility, as defined in NRS 704.860, constructed on private land; and
2. Electric generating plants and their associated facilities which use or will use renewable
energy, as defined in NRS 704.7811, as their primary source of energy to generate
electricity.
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NRS 701.060 “Fuel cell” defined.
“Fuel cell” means a device or contrivance that, through the chemical process of combining ions
of hydrogen and oxygen, produces electricity and water.
NRS 701.065 “Net metering system” defined.
“Net metering system” has the meaning ascribed to it in NRS 704.771.
701.068. “Panel” defined
“Panel” means the State and Local Government Panel on Renewable and Efficient Energy
created by NRS 701.450.
NRS 701.070 “Renewable energy” defined.
1.
2.
“Renewable energy” means a source of energy that occurs naturally or is regenerated
naturally, including, without limitation:
(a)
Biomass;
(b)
Fuel cells;
(c)
Geothermal energy;
(d)
Solar energy;
(e)
Waterpower; and
(f)
Wind.
The term does not include coal, natural gas, oil, propane or any other fossil fuel, or
nuclear energy.
NRS 701.080 “Renewable energy generation project” defined.
1.
“Renewable energy generation project” means a project involving an electric generating
facility or system that uses renewable energy as its primary source of energy to generate
electricity.
2.
The term does not include a project involving an electric generating facility or system
that uses nuclear energy, in whole or in part, to generate electricity.
NRS 701.090 “Task Force” defined.
“Task Force” means the New Energy Industry Task Force created by NRS 701.500.
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NRS 701.150 Creation; appointment of Director; employment of personnel by Director;
classification of Director and personnel; conflict of interest prohibited.
1.
The Office of Energy is hereby created within the Office of the Governor.
2.
The Governor shall appoint the Director. The Director:
3.
(a)
Is in the unclassified service of the State; and
(b)
Serves at the pleasure of the Governor.
The Director may, within the limits of available money, employ:
(a)
Such persons in the unclassified service of the State as the Director determines to
be necessary to carry out the duties of the Office of Energy pursuant to this
chapter; and
(b)
Such additional personnel as may be required to carry out the duties of the Office
of Energy pursuant to this chapter, who must be in the classified service of the
State.
4.
A person employed by the Director pursuant to this section must be qualified by training
and experience to perform the duties for which the Director employs him.
5.
The Director and the persons employed by the Director shall not have any conflict of
interest relating to the performance of their duties pursuant to this chapter.
6.
The provisions of NRS 223.085 do not apply to the Director or to any person employed
by the Director pursuant to this section.
General Powers and Duties
NRS 701.160 Submission of report to Governor and Legislature. The Director shall
prepare a report concerning the status of energy in the State of Nevada and submit it to:
The Director shall prepare a report concerning the status of energy in the State of Nevada and
submit it to:
1. The Governor on or before January 30 of each year; and
2. The Director of the Legislative Counsel Bureau for transmittal to the next regular session
of the Legislature on or before January 30 of each odd-numbered year.
NRS 701.170 Administration of gifts and grants; execution of research contracts and
cooperative agreements; participation in federal programs; assistance to developers;
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regulations; creation of nonprofit corporations; execution of other agreements.
Director may:
The
The Director may:
1. Administer any gifts or grants which the Office of Energy is authorized to accept for the
purposes of this chapter.
2. To the extent not inconsistent with the terms or conditions of a gift, grant or appropriation,
expend money received from those gifts or grants or from legislative appropriations to contract
with qualified persons or institutions for research in the production and efficient use of energy
resources.
3. Enter into any cooperative agreement with any federal or state agency or political subdivision.
4. Adopt any regulations that the Director determines are necessary to carry out the duties of the
Office of Energy pursuant to this chapter.
5. Within the limits of legislative appropriations and other money authorized for expenditure for
such purposes, promote, participate in the operation of, and create or cause to be created, any
nonprofit corporation, pursuant to chapter 82 of NRS, which the Director determines is necessary
or convenient for the exercise of the powers and duties of the Office of Energy. The purposes,
powers and operation of the corporation must be consistent with the purposes, powers and duties
of the Office of Energy.
6. Within the limits of legislative appropriations and other money authorized for expenditure for
such purposes, negotiate and execute agreements with public or private entities which are
necessary to the exercise of the powers and duties of the Director or the Office of Energy.
NRS 701.180 General duties concerning energy resources and energy conservation. The
Director shall:
1.
The Director shall:
1. Acquire and analyze information relating to energy and to the supply, demand and
conservation of its sources, including, without limitation:
(a) Information relating to the Solar Energy Systems Incentive Program created pursuant to
NRS 701B.240 and the Wind Energy Systems Demonstration Program created pursuant
to 701B.580, including, without limitation, information relating to:
(1) The development of distributed generation systems in this State pursuant to
participation in the Solar Energy Systems Incentive Program;
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(2) The use of carbon-based energy in residential and commercial applications due to
participation in the Programs; and
(3) The average cost of generation on a kilowatt-hour basis for residential and
commercial applications due to participation in the Programs; and
(b) Information relating to any money distributed pursuant to NRS 702.270.
2. Review and evaluate information which identifies trends and permits forecasting of the energy
available to the State. Such forecasts must include estimates on:
(a) The level of demand for energy in the State for 5-, 10- and 20-year periods;
(b) The amount of energy available to meet each level of demand;
(c) The probable implications of the forecast on the demand and supply of energy; and
(d) The sources of renewable energy and other alternative sources of energy which are
available and their possible effects.
3. Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy
and encourage the maximum utilization of existing sources of energy in the State.
4. Solicit and serve as the point of contact for grants and other money from the Federal
Government, including, without limitation, any grants and other money available
pursuant to any program administered by the United States Department of Energy, and
other sources:
(a) To promote energy projects that enhance the economic development of the State;
(b) To promote the use of renewable energy in this State;
(c) To promote the use of measures which conserve or reduce the demand for energy or
which result in more efficient use of energy;
(d) To develop a comprehensive program for retrofitting public buildings in this State with
energy efficiency measures; and
(e) If the Director determines that it is feasible and cost-effective, to enter into contracts
with researchers from the Nevada System of Higher Education for the design of energy
efficiency and retrofit projects to carry out the comprehensive program for retrofitting
public buildings in this State developed pursuant to paragraph (d).
5. Coordinate the activities and programs of the Office of Energy with the activities and
programs of the Consumer's Advocate and the Public Utilities Commission of Nevada,
and with other federal, state and local officers and agencies that promote, fund,
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administer or operate activities and programs related to the use of renewable energy and
the use of measures which conserve or reduce the demand for energy or which result in
more efficient use of energy.
6. If requested to make a determination pursuant to NRS 111.239 or 278.0208, make the
determination within 30 days after receiving the request. If the Director needs additional
information to make the determination, the Director may request the information from the
person making the request for a determination. Within 15 days after receiving the
additional information, the Director shall make a determination on the request.
7. Cooperate with the Department of Wildlife in carrying out the provisions of NRS 701.600 to
701.640, inclusive.
8. Upon request by a developer of an energy development project or a local government in a
county in which an energy development project is proposed to be located, coordinate
discussions, not otherwise required by any existing regulatory agency, with interested
parties concerning any potential effect of the energy development project.
9. Carry out all other directives concerning energy that are prescribed by the Governor.
NRS 701.190 Preparation of comprehensive state energy plan.
1. The Director shall prepare a comprehensive state energy plan which provides for the
promotion of:
(a) Energy projects that enhance the economic development of the State;
(b) The use of renewable energy;
(c) The use of measures which conserve or reduce the demand for energy or
which result in more efficient use of energy; and
(d) A program for the safe disposal and recycling of electronic waste, electrical
equipment and other waste, including, without limitation, a program for the
safe disposal and recycling of compact fluorescent light bulbs.
2. The comprehensive state energy plan must include provisions for:
(a) The assessment of the potential benefits of proposed energy projects on the
economic development of the State.
(b) The education of persons and entities concerning renewable energy and
measures which conserve or reduce the demand for energy or which result in
more efficient use of energy.
(c) The creation of incentives for investment in and the use of renewable energy
and measures which conserve or reduce the demand for energy or which result
in more efficient use of energy.
(d) Grants and other money to establish programs and conduct activities which
promote:
(1) Energy projects that enhance the economic development of the State;
(2) The use of renewable energy;
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(3) The use of measures which conserve or reduce the demand for energy
or which result in more efficient use of energy; and
(4) The recycling of electronic waste, electrical equipment and other waste,
including, without limitation, a program for the safe disposal and
recycling of compact fluorescent light bulbs.
(e) The development or incorporation by reference of model and uniform building
and energy codes and standards which are written in language that is easy to
understand and which include performance standards for conservation of
energy and efficient use of energy.
(f) The promotion of the development in this State of a curriculum for a program
of renewable energy education and recycling education in kindergarten
through grade 12.
(g) The promotion of the development by institutions of higher education in this
State of research and educational programs relating to renewable energy.
(h) Oversight and accountability with respect to all programs and activities
described in this subsection.
(i) Any other matter that the Director determines to be relevant to the issues of
energy resources, energy use, energy conservation and energy efficiency.
NRS 701.200 Recommendation of standards for energy conservation and for carrying out
comprehensive state energy plan.
1.
The Director may recommend to state agencies, local governments and appropriate
private persons and entities, standards for conservation of energy and its sources and for
carrying out the comprehensive state energy plan.
2.
In recommending such standards, the Director shall consider the usage of energy and its
sources in the State and the methods available for conservation of those sources.
NRS 701.210 Preparation of petroleum allocation and rationing plans; administration of
federal programs involving fuel allocation.
The Director shall:
1.
Prepare, subject to the approval of the Governor, petroleum allocation and rationing plans
for possible energy contingencies. The plans shall be carried out only by executive order
of the Governor.
2.
Carry out and administer any federal programs which authorize state participation in fuel
allocation programs.
Programs and Regulations Relating to Energy Usage
NRS 701.215 Preparation of state energy reduction plan for certain state-owned buildings.
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1. The Director shall prepare a state energy reduction plan which requires state agencies,
departments and other entities in the Executive Branch to reduce grid-based energy purchases
for state-owned buildings by 20 percent by 2015.
2. In accordance with, and out of any money received pursuant to, the American Recovery and
Reinvestment Act of 2009, Public Law 111-51, the Interim Finance Committee may
determine an amount of money to be used by the Director to fulfill the requirements of
subsection 1.
3. The Director:
(a) Shall use any amount of money provided pursuant to subsection 2 to fulfill the
requirements of subsection 1;
(b) May fulfill the requirements of subsection 1 by contracting with one or more qualified
independent consultants; and
(c) Shall biannually file reports with the Legislative Commission that:
(1) Indicate the general progress of energy reduction in state buildings; and
(2) Identify any state agency that fails to cooperate with the Director in the design or
implementation of the plan prepared pursuant to subsection 1.
701.218. Program to track use of energy in buildings owned by State or occupied by state
agency; reimbursement by state agencies of certain costs incurred by Office of Energy in
carrying out program
1. The Office of Energy shall establish a program to track the use of energy in buildings owned
by the State and in other buildings which are occupied by a state agency.
2. The program established pursuant to this section must:
(a) Record utility bills for each building for each month and preserve those records
indefinitely;
(b) Allow for the comparison of utility bills for a building from month to month and year to
year;
(c) Allow for the comparison of utility bills between buildings, including comparisons
between similar buildings or types of buildings;
(d) Allow for adjustments to the information based upon variations in weather conditions,
the length of the billing period and other changes in relevant conditions;
(e) Facilitate identification of errors in utility bills and meter readings;
(f) Allow for the projection of costs for energy for a building; and
(g) Identify energy and cost savings associated with efforts to conserve energy.
12096859.2
3. The Office of Energy may apply for any available grants and accept any gifts, grants or
donations to assist in establishing and carrying out the program.
4. In accordance with, and out of any money received pursuant to, the American Recovery and
Reinvestment Act of 2009, Public Law 111-5, the Interim Finance Committee may determine an
amount of money to be used by the Office of Energy to fulfill the requirements of subsection 1.
5. To the extent that there is not sufficient money available for the support of the program, each
state agency that occupies a building in which the use of energy is tracked pursuant to the
program shall reimburse the Office of Energy for the agency's proportionate share of the
unfunded portion of the cost of the program. The reimbursement must be based upon the energy
consumption of the respective state agencies that occupy buildings in which the use of energy is
tracked.
NRS 701.220 Adoption of regulations for energy conservation in buildings; exemptions;
applicability and enforcement; procedures for adoption.
1.
The Director shall adopt regulations for the conservation of energy in buildings,
including manufactured homes. Such regulations must include the adoption of the most
recent version of the International Energy Conservation Code, issued by the International
Code Council, and any amendments to the Code that will not materially lessen the
effective energy savings requirements of the Code and are deemed necessary to support
effective compliance and enforcement of the Code, and must establish the minimum
standards for:
(a)
The construction of floors, walls, ceilings and roofs;
(b)
The equipment and systems for heating, ventilation and air-conditioning;
(c)
Electrical equipment and systems;
(d)
Insulation; and
(e)
Other factors which affect the use of energy in a building.
The regulations must provide for the adoption of the most recent version of the International
Energy Conservation Code, and any amendments thereto, every third year.
2.
The Director may exempt a building from a standard if he determines that application of
the standard to the building would not accomplish the purpose of the regulations.
3.
The regulations must authorize allowances in design and construction for sources of
renewable energy used to supply all or a part of the energy required in a building.
12096859.2
4.
5.
The standards adopted by the Director are the minimum standards for the conservation of
energy and energy efficiency in buildings in this State. The governing body of a local
government that is authorized by law to adopt and enforce a building code:
(a)
Except as otherwise provided in paragraph (b), shall incorporate the standards
adopted by the Director in its building code;
(b)
May adopt higher or more stringent standards and must report any such higher or
more stringent standards, along with supporting documents, to the Director; and
(c)
Shall enforce the standards adopted.
The Director shall solicit comments regarding the adoption of regulations pursuant to this
section from:
(a)
Persons in the business of constructing and selling homes;
(b)
Contractors;
(c)
Public utilities;
(d)
Local building officials; and
(e)
The general public, before adopting any regulations.
The Director must conduct at least three hearings in different locations in the State, after giving
30 days’ notice of each hearing, before he may adopt any regulations pursuant to this section.
NRS 701.230. Prohibition against inclusion in buildings of system using electric resistance
for heating spaces; applicability; exceptions; enforcement by local governments
1. In a county whose population is 100,000 or more, a building whose construction, or retrofit
that replaces the heating source of the premises, exclusive of maintenance, began on or after
October 1, 1983, must not contain a system using electric resistance for heating spaces unless:
(a) The system is merely supplementary to another means of heating;
(b) Under the particular circumstances, no other primary means of heating the spaces is
possible other than electric resistance;
(c) The system is a hydronic radiant heating system or a system that uses ground-source heat
pumps or water-source heat pumps; or
(d) The system using electric resistance for heating spaces uses electricity produced from
renewable energy systems that exist on the owner's property, including, without
limitation, net metering systems.
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2. The owner of a property who seeks to use a system using electric resistance for heating spaces
must submit an application for an exception pursuant to subsection 1 to the governing body of
the applicable local government before beginning construction or retrofitting of the system.
3. The governing body of the local government:
(a) Shall enforce subsection 1;
(b) Shall determine whether the property owner is eligible for an exception pursuant to
subsection 1 within 30 days after receiving a complete application from the owner of the
property; and
(c) Shall forward its decision to the owner of the property and to the Director.
4. This section does not prohibit the use of incandescent or fluorescent lighting.
5. As used in this section, “electric resistance” means passing an electric current through a
resistance, coil, wire or other obstacle which impedes electricity and causes it to produce heat.
NRS 701.240 Program to distribute money to acquire, install or improve net metering
systems.
1.
The Director shall develop a program to distribute money, within the limits of legislative
appropriation, in the form of grants, incentives or rebates to persons to pay or defray, in
whole or in part, the costs for those persons to acquire, install or improve net metering
systems, if the Director determines that the distribution of money to a person for that
purpose will encourage, promote or stimulate:
(a)
The development or use of sources of renewable energy in the State or the
development of industries or technologies that use sources of renewable energy in
the State;
(b)
The conservation of energy in the State, the diversification of the types of energy
used in the State or any reduction in the dependence of the State on foreign
sources of energy;
(c)
The protection of the natural resources of the State or the improvement of the
environment;
(d)
The enhancement of existing utility facilities or any other infrastructure in the
State or the development of new utility facilities or any other infrastructure in the
State; or
(e)
The investment of capital or the expansion of business opportunities in the State
or any growth in the economy of the State.
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2.
The Director may adopt any regulations that are necessary to carry out the provisions of
this section.
3.
The Director shall not distribute money to any person pursuant to this section unless:
4.
(a)
The person complies with any requirements that the Director adopts by
regulation; and
(b)
The distribution of the money is consistent with one or more of the public
purposes set forth in paragraphs (a) to (e), inclusive, of subsection 1.
As used in this section, “person” includes, without limitation, any state or local
governmental agency or entity.
NRS 701.260 Prohibition against selling certain types of lights; regulations establishing
energy efficiency standards for certain types of lights.
1.
Between January 1, 2012, and December 31, 2015, inclusive, no general purpose light
may be sold in this State unless it produces at least 25 lumens per watt of electricity
consumed.
2.
On and after January 1, 2016, no general purpose light may be sold in this State unless it
meets or exceeds the minimum standard of energy efficiency established by the Director
pursuant to subsection 3 for lumens per watt of electricity consumed.
3.
The Director shall adopt regulations to carry out the provisions of this section. The
regulations must, without limitation:
4.
(a)
Establish a minimum standard of energy efficiency for lumens per watt of
electricity consumed that must be produced by general purpose lights sold in this
State on and after January 1, 2016. The minimum standard of energy efficiency
established by the Director must exceed 25 lumens per watt of electricity
consumed.
(b)
Attempt to minimize the overall cost to consumers for general purpose lighting,
considering the needs of consumers relating to lighting, technological feasibility
and anticipated product availability and performance.
As used in this section, “general purpose light” means lamps, bulbs, tubes or other
devices that provide functional illumination for indoor or outdoor use. The term does not
include “specialty lighting” or “lighting necessary to provide illumination for persons
with special needs,” as defined by the Director by regulation.
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NRS 701.370. Trust Account for Renewable Energy and Energy Conservation: Creation;
administration; expenditures
1. The Trust Account for Renewable Energy and Energy Conservation is hereby created in the
State General Fund.
2. The Director shall administer the Account. As administrator of the Account, the Director:
(a) Shall maintain the financial records of the Account;
(b) Shall invest the money in the Account as the money in other state accounts is invested;
(c) Shall manage any subaccount associated with the Account;
(d) Shall maintain any instruments that evidence investments made with the money in the
Account;
(e) May contract with vendors for any good or service that is necessary to carry out the
provisions of this section; and
(f) May perform any other duties that are necessary to administer the Account.
3. The interest and income earned on the money in the Account must, after deducting any
applicable charges, be credited to the Account. All claims against the Account must be paid
as other claims against the State are paid.
4. Not more than 2 percent of the money in the Account may be used to pay the costs of
administering the Account.
5. The money in the Account remains in the Account and does not revert to the State General
Fund at the end of any fiscal year.
6. All money that is deposited or paid into the Account may only be expended pursuant to an
allocation made by the Director. Money expended from the Account must not be used to
supplant existing methods of funding that are available to public agencies.
NRS 701.380. Coordination of activities and programs; expenditure of money from Trust
Account for Renewable Energy and Energy Conservation; other powers;
preparation of annual report
1. The Director shall:
(a) Coordinate the activities and programs of the Office of Energy with the activities and
programs of the Consumer's Advocate and the Public Utilities Commission of Nevada,
and with other federal, state and local officers and agencies that promote, fund,
12096859.2
administer or operate activities and programs related to the use of renewable energy and
the use of measures which conserve or reduce the demand for energy or which result in
more efficient use of energy.
(b) Spend the money in the Trust Account for Renewable Energy and Energy Conservation
to:
(1) Educate persons and entities concerning renewable energy and measures which
conserve or reduce the demand for energy or which result in more efficient use of
energy.
(2) Create incentives for investment in and the use of renewable energy and measures
which conserve or reduce the demand for energy or which result in more efficient
use of energy.
(3) Distribute grants and other money to establish programs and projects which
incorporate the use of renewable energy and measures which conserve or reduce
the demand for energy or which result in more efficient use of energy.
(4) Conduct feasibility studies, including, without limitation, any feasibility studies
concerning the establishment or expansion of any grants, incentives, rebates or
other programs to enable or assist persons to reduce the cost of purchasing
distributed generation systems and on-site generation systems and net metering
systems that use renewable energy.
(c) Take any other actions that the Director deems necessary to carry out the duties of the
Office of Energy, including, without limitation, contracting with consultants, if
necessary, for the purposes of program design or to assist the Director in carrying out
the duties of the Office.
2. The Director shall prepare an annual report concerning the activities and programs of the
Office of Energy and submit the report to the Legislative Commission and the Governor on
or before January 30 of each year. The annual report must include, without limitation:
(a) A description of the objectives of each activity and program;
(b) An analysis of the effectiveness and efficiency of each activity and program in meeting
the objectives of the activity or program;
(c) The amount of money distributed for each activity and program from the Trust Account
for Renewable Energy and Energy Conservation and a detailed description of the use of
that money for each activity and program;
(d) An analysis of the coordination between the Office of Energy and other officers and
agencies; and
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(e) Any changes planned for each activity and program.
3. As used in this section:
(a) “Distributed generation system” means a facility or system for the generation of electricity
that is in close proximity to the place where the electricity is consumed:
(1) That uses renewable energy as defined in NRS 704.7811 to generate electricity;
(2) That is located on the property of a customer of an electric utility;
(3) That is connected on the customer's side of the electricity meter;
(4) That provides electricity primarily to offset customer load on that property; and
(5) The excess generation from which is periodically exported to the grid in
accordance with the provisions governing net metering systems used by customergenerators pursuant to NRS 704.766 to 704.775, inclusive.
(b) “Electric utility” has the meaning ascribed to it in NRS 704.7571.
701.390. Dissemination of information; development of resources and projects; promotion
of research and studies; cooperation and coordination with other officers and agencies
The Director shall:
1. Utilize all available public and private means to:
(a) Provide information to the public about issues relating to energy and to explain how
conservation of energy and its sources may be accomplished; and
(b) Work with educational and research institutions, trade associations and any other public
and private entities in this State to create a database for information on technological
development, financing opportunities and federal and state policy developments
regarding renewable energy and energy efficiency.
2. Encourage the development of any sources of renewable energy and any energy projects
which will benefit the State and any measures which conserve or reduce the demand for energy
or which result in more efficient use of energy, including, without limitation, by:
(a) Identifying appropriate areas in this State for the development of sources of renewable
energy, based on:
(1) Assessments of solar, wind and geothermal potential;
12096859.2
(2) Evaluations of natural resource constraints;
(3) Current electric transmission infrastructure and capacity; and
(4) The feasibility of the construction of new electric transmission lines;
(b) Working with renewable energy developers to locate their projects within appropriate
areas of this State, including, without limitation, assisting the developers to interact with
the Bureau of Land Management, the Department of Defense and other federal agencies
in:
(1) Expediting land leases;
(2) Resolving site issues; and
(3) Receiving permits for projects on public lands within the appropriate areas of this
State;
(c) Coordinating the planning of renewable energy projects in appropriate areas of this State
to establish a mix of solar, wind and geothermal renewable energy systems that create a
reliable source of energy and maximize the use of current or future transmission lines
and infrastructure; and
(d) Developing proposals for the financing of future electric transmission projects for
renewable energy if no such financing proposals exist.
3. Review jointly with the Nevada System of Higher Education the policies of this State relating
to the research and development of the geothermal energy resources in this State and make
recommendations to the appropriate state and federal agencies concerning methods for the
development of those resources.
4. If the Director determines that it is feasible and cost-effective, enter into contracts with
researchers from the Nevada System of Higher Education:
(a) To conduct environmental studies relating to the identification of appropriate areas in
this State for the development of renewable energy resources, including, without
limitation, hydrologic studies, solar resource mapping studies and wind power modeling
studies;
(b) For the development of technologies that will facilitate the energy efficiency of the
electricity grid for this State, including, without limitation, meters that facilitate energy
efficiency for consumers of electricity; and
(c) For the design of energy efficiency and retrofit projects to carry out the comprehensive
program for retrofitting public buildings in this State with energy efficiency measures.
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5. Carry out all other directives concerning energy that are prescribed by the Legislature.
NRS 701.400. Participation in federal programs; assistance to developers of renewable
energy systems
The Director may:
1. Participate in any program established by the Federal Government relating to sources of
energy and adopt regulations to carry out such a program.
2. Assist developers of renewable energy systems in preparing and making requests to obtain
money for development through the issuance of industrial development revenue bonds pursuant
to NRS 349.400 to 349.670, inclusive.
NRS 701A.100 Adoption of Green Building Rating System; requirements and limitations.
1. The Director of the Office of Energy shall adopt a Green Building Rating System for the
purposes of determining the eligibility of a building or other structure for a tax abatement
pursuant to NRS 701A.110.
2. The Green Building Rating System must include standards and ratings equivalent to the
standards and ratings provided pursuant to the Leadership in Energy and Environmental
Design Green Building Rating System or an equivalent rating system, except that the
standards adopted by the Director:
(a) Except as otherwise provided in paragraphs (b) and (c), must not include:
(1) Any standard that has not been included in the Leadership in Energy and
Environmental Design Green Building Rating System or the equivalent rating
system for at least 2 years; or
(2) Standards for homes;
(b) Must provide reasonable exceptions based on the size of the area occupied by the
building or other structure; and
(c) Must require a building or other structure to obtain:
(1) At least 5 points in the Optimize Energy Performance credit, or its equivalent, to
meet the equivalent of the silver level;
(2) At least 7 points in the Optimize Energy Performance credit, or its equivalent, to
meet the equivalent of the gold level; and
(3) At least 11 points in the Optimize Energy Performance credit, or its equivalent, to
meet the equivalent of the platinum level.
3. As used in this section, “home” means a building or other structure for which the principal use
is as a residential dwelling for not more than four families.
.
12096859.2
NRS 701A.110 Partial abatement of certain property taxes for buildings or structures that
meet certain standards under Green Building Rating System; requirements and
limitations; regulations.
1. Except as otherwise provided in this section, the Director, in consultation with the Office of
Economic Development, shall grant a partial abatement from the portion of the taxes
imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education,
on a building or other structure that is determined to meet the equivalent of the silver level or
higher by an independent contractor authorized to make that determination in accordance
with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100,
if:
(a) No funding is provided by any governmental entity in this State for the acquisition,
design, construction or renovation of the building or other structure or for the
acquisition of any land therefor. For the purposes of this paragraph:
(1) Private activity bonds must not be considered funding provided by a
governmental entity.
(2) The term “private activity bond” has the meaning ascribed to it in 26 U.S.C. §
141.
(b) The owner of the property:
(1) Submits an application for the partial abatement to the Director. If such an
application is submitted for a project that has not been completed on the
date of that submission and there is a significant change in the scope of the
project after that date, the application must be amended to include the
change or changes.
(2) Except as otherwise provided in this subparagraph, provides to the Director,
within 48 months after applying for the partial abatement, proof that the
building or other structure meets the equivalent of the silver level or
higher, as determined by an independent contractor authorized to make
that determination in accordance with the Green Building Rating System
adopted by the Director pursuant to NRS 701A.100. The Director may, for
good cause shown, extend the period for providing such proof.
(3) Files a copy of each application and amended application submitted to the
Director pursuant to subparagraph (1) with the:
(I) Chief of the Budget Division of the Department of Administration;
(II) Department of Taxation;
(III) County assessor;
(IV) County treasurer;
(V) Office of Economic Development;
(VI) Board of county commissioners; and
(VII) City manager and city council, if any.
(c) The abatement is consistent with the State Plan for Economic Development developed
by the Executive Director of the Office of Economic Development pursuant to
subsection 2 of NRS 231.053.
2. The Director shall not approve an application for a partial abatement of the taxes imposed
pursuant to chapter 361 of NRS submitted pursuant to this section by the owner of the
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property unless the application is approved or deemed approved by the board of county
commissioners pursuant to this subsection. The board of county commissioners of a county
must provide notice to the Director that the board intends to consider an application and, if
such notice is given, must approve or deny the application not later than 30 days after the
board receives a copy of the application. The board of county commissioners:
(a) Shall, in considering an application pursuant to this subsection, make a
recommendation to the Director regarding the application;
(b) May, in considering an application pursuant to this subsection, deny an application
only if the board of county commissioners determines, based on relevant information,
that:
(1) The projected cost of the services that the local government is required to
provide to the building or other structure for which the abatement is
received will exceed the amount of tax revenue that the local government
is projected to receive as a result of the abatement; or
(2) The projected financial benefits that will result to the county from any
employment resulting from the use of the building or other structure and
from capital investments by the owner of the building or other structure in
the county will not exceed the projected loss of tax revenue that will result
from the abatement; and
(c) May, without regard to whether the board has provided notice to the Director of its
intent to consider the application, make a recommendation to the Director regarding
the application.
If the board of county commissioners does not approve or deny the application pursuant to this
subsection within 30 days after the board receives a copy of the application, the application
shall be deemed approved.
3. As soon as practicable after the Director receives the application and proof required by
subsection 1, the Director, in consultation with the Office of Economic Development, shall
determine whether the building or other structure is eligible for the abatement and, if so,
forward a certificate of eligibility for the abatement to the:
(a) Department of Taxation;
(b) County assessor;
(c) County treasurer; and
(d) Office of Economic Development.
4. The Director may, with the assistance of the Chief of the Budget Division and the Department
of Taxation, publish a fiscal note that indicates an estimate of the fiscal impact of the partial
abatement on the State and on each affected local government. If the Director publishes a
fiscal note that estimates the fiscal impact of the partial abatement on local government, the
Director shall forward a copy of the fiscal note to each affected local government. As soon as
practicable after receiving a copy of a certificate of eligibility pursuant to subsection 3, the
Department of Taxation shall forward a copy of the certificate to each affected local
government.
5. The partial abatement for:
(a) A building or other structure must, except as otherwise provided in paragraph (b), be
for a duration of not more than 10 years and in an annual amount that equals, for a
building or other structure that meets the equivalent of:
12096859.2
(1) The silver level, 25 percent of the portion of the taxes imposed pursuant to
chapter 361 of NRS, other than any taxes imposed for public education,
that would otherwise be owed for the building or other structure,
excluding the associated land;
(2) The gold level, 30 percent of the portion of the taxes imposed pursuant to
chapter 361 of NRS, other than any taxes imposed for public education,
that would otherwise be owed for the building or other structure,
excluding the associated land; or
(3) The platinum level, 35 percent of the portion of the taxes imposed pursuant to
chapter 361 of NRS, other than any taxes imposed for public education,
that would otherwise be owed for the building or other structure,
excluding the associated land.
(b) A building or other structure that qualifies for an abatement under the Leadership in
Energy and Environmental Design “Existing Buildings: Operations and Maintenance”
rating system, or its equivalent, must be for a duration of not more than 5 years and in
an annual amount that equals, except as otherwise provided in subsection 6, for a
building or other structure that meets the equivalent of:
(1) The silver level, 25 percent of the portion of the taxes imposed pursuant to
chapter 361 of NRS, other than any taxes imposed for public education,
that would otherwise be owed for the building or other structure,
excluding the associated land;
(2) The gold level, 30 percent of the portion of the taxes imposed pursuant to
chapter 361 of NRS, other than any taxes imposed for public education,
that would otherwise be owed for the building or other structure,
excluding the associated land; or
(3) The platinum level, 35 percent of the portion of the taxes imposed pursuant to
chapter 361 of NRS, other than any taxes imposed for public education,
that would otherwise be owed for the building or other structure,
excluding the associated land.
6. The Director shall not grant a partial abatement of more than $100,000 in any year for a
building or other structure that qualifies for an abatement pursuant to paragraph (b) of
subsection 5.
7. A partial abatement granted pursuant to this section:
(a) Does not apply during any period in which the owner of the building or other structure
is receiving another abatement or exemption pursuant to this chapter or NRS 361.045
to 361.159, inclusive, from the taxes imposed pursuant to chapter 361 of NRS.
(b) Terminates upon any determination by the Director that the building or other structure
has ceased to meet the equivalent of the silver level or higher. The Director shall
provide notice and a reasonable opportunity to cure any noncompliance issues before
making a determination that the building or other structure has ceased to meet that
standard. The Director shall immediately provide notice of each determination of
termination to the:
(1) Department of Taxation, who shall immediately notify each affected local
government of the determination;
(2) County assessor;
(3) County treasurer; and
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(4) Office of Economic Development.
8. If a partial abatement terminates pursuant to paragraph (b) of subsection 7, the owner of the
property to which the partial abatement applied shall repay to the county treasurer the amount
of the exemption that was allowed pursuant to this section before the date of that termination.
The owner shall, in addition to the amount of the exemption required to be paid pursuant to
this subsection, pay interest on the amount due at the rate most recently established pursuant
to NRS 99.040 for each month, or portion thereof, from the last day of the month following
the period for which the payment would have been made had the partial abatement not been
approved until the date of payment of the tax.
9. The Director, in consultation with the Office of Economic Development, shall adopt
regulations:
(a) Establishing the qualifications and methods to determine eligibility for and the
duration of the abatement;
(b) Prescribing such forms as will ensure that all information and other documentation
necessary to make an appropriate determination is filed with the Director; and
(c) Prescribing the criteria for determining when there is a significant change in the scope
of a project for the purposes of subparagraph (1) of paragraph (b) of subsection 1,
and the Department of Taxation shall adopt such additional regulations as it
determines to be appropriate to carry out the provisions of this section.
10. The Director shall:
(a) Cooperate with the Office of Economic Development in carrying out the
provisions of this section; and
(b) Submit to the Office of Economic Development an annual report, at such a
time and containing such information as the Office may require, regarding
the partial abatements granted pursuant to this section.
11. The Director may charge and collect a fee from each applicant who submits an application
for a partial abatement pursuant to this section. The amount of the fee must not exceed the
actual cost to the Director for processing the application and evaluating the proof submitted
by the applicant pursuant to subsection 1 and making the determination concerning eligibility
for the partial abatement required by subsection 3.
12. As used in this section:
(a) “Building or other structure” does not include any building or other structure for
which the principal use is as a residential dwelling for not more than four families.
(b) “Director” means the Director of the Office of Energy appointed pursuant to NRS
701.150.
(c) “Taxes imposed for public education” means:
(1) Any ad valorem tax authorized or required by chapter 387 of NRS;
(2) Any ad valorem tax authorized or required by chapter 350 of NRS for the
obligations of a school district, including, without limitation, any ad
valorem tax necessary to carry out the provisions of subsection 5 of NRS
350. 020; and
(3) Any other ad valorem tax for which the proceeds thereof are dedicated to the
public education of pupils in kindergarten through grade 12.
12096859.2
BUSINESSES, FACILITIES, SYSTEMS AND DEVICES
NRS 701A.200 Exemption from certain property taxes for qualified energy systems;
requirements and limitations; regulations.
1. For purposes of the assessment of property pursuant to chapter 361 of NRS:
(a) Except as otherwise provided in paragraph (b), a qualified system is exempt from
taxation.
(b) A qualified system is not exempt from taxation:
(1) During any period in which the qualified system is subject to another abatement or
exemption pursuant to this chapter or NRS 361.045 to 361.159, inclusive, from the
taxes imposed pursuant to chapter 361 of NRS; or
(2) If the system is constructed after July 1, 2009, and is part of a facility which is
eligible for a partial abatement of taxes pursuant to NRS 701A.360.
2. The Nevada Tax Commission shall adopt such regulations as it determines to be necessary for
the administration of this section.
3. As used in this section, “qualified system” means any system, method, construction,
installation, machinery, equipment, device or appliance which is designed, constructed or
installed in or adjacent to one or more buildings or an irrigation system in an agricultural
operation to heat or cool the building or buildings or water used in the building or buildings,
or to provide electricity used in the building or buildings or irrigation system regardless of
whether the owner of the system, building or buildings or irrigation system participates in net
metering pursuant to NRS 704.766 to 704.775, inclusive, by using:
(a) Energy from the wind or from solar devices;
(b) Geothermal resources;
(c) Energy derived from conversion of solid wastes; or
(d) Waterpower, which conforms to standards established by regulation of the Nevada Tax
Commission.
NRS 701A.210 Partial abatement of certain property taxes for businesses and facilities
using recycled material; requirements and limitations.
1.
Except as otherwise provided in this section, if a:
(a)
Business that engages in the primary trade of preparing, fabricating,
manufacturing or otherwise processing raw material or an intermediate product
through a process in which at least 50 percent of the material or product is
recycled on-site; or
(b)
Business that includes as a primary component a facility for the generation of
electricity from recycled material, is found by the Office of Economic
Development to have as a primary purpose the conservation of energy or the
substitution of other sources of energy for fossil sources of energy and obtains
certification from the Office of Economic Development pursuant to NRS 360.750,
the Office may, if the business additionally satisfies the requirements set forth in
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subsection 2 of NRS 361. 0687, grant to the business a partial abatement from the
taxes imposed on real property pursuant to chapter 361 of NRS.
2.
If a partial abatement from the taxes imposed on real property pursuant to chapter 361 of
NRS is approved by the Office of Economic Development pursuant to NRS 360.750 for a
business described in subsection 1:
(a)
(b)
The partial abatement must:
(1)
Be for a duration of at least 1 year but not more than 10 years;
(2)
Not exceed 50 percent of the taxes on real property payable by the
business each year; and
(3)
Be administered and carried out in the manner set forth in NRS 360.750.
The Executive Director of the Office of Economic Development shall notify the
county assessor of the county in which the business is located of the approval of
the partial abatement, including, without limitation, the duration and percentage
of the partial abatement that the Office granted. The Executive Director shall, on
or before April 15 of each year, advise the county assessor of each county in
which a business qualifies for a partial abatement during the current fiscal year as
to whether the business is still eligible for the partial abatement in the next
succeeding fiscal year.
3.
The partial abatement provided in this section applies only to the business for which
certification was granted pursuant to NRS 360.750 and the property used in connection
with that business. The exemption does not apply to property in this State that is not
related to the business for which the certification was granted pursuant to NRS 360.750
or to property in existence and subject to taxation before the certification was granted.
4.
As used in this section, “facility for the generation of electricity from recycled material”
means a facility for the generation of electricity that uses recycled material as its primary
fuel, including material from:
(a)
Industrial or domestic waste, other than hazardous waste, even though it includes
a product made from oil, natural gas or coal, such as plastics, asphalt shingles or
tires;
(b)
Agricultural crops, whether terrestrial or aquatic, and agricultural waste, such as
manure and residue from crops; and
(c)
Municipal waste, such as sewage and sludge.
The term includes all the equipment in the facility used to process and convert into electricity the
energy derived from a recycled material fuel.
12096859.2
New Jersey (back to top)
52:27D-130.6 Green building manual, preparation, availability.
The Commissioner of Community Affairs is authorized to prepare, in consultation with other
State agencies, and make available to the public, a green building manual for the purpose of
ensuring that standards are available for those owners and builders who participate in any
program that encourages or requires the construction of green buildings. The manual shall
include federal guidelines and regulations for energy efficiency in building construction. The
manual shall cover residential as well as commercial buildings. For the purposes of this act,
“green building” means those building construction practices that significantly reduce or
eliminate the negative impact of buildings on the environment and their occupants and may
consider, but need not be limited to five broad areas: sustainable site planning; safeguarding
water and water efficiency; energy efficiency and renewable energy; conservation of materials
and resources; and indoor environmental quality.
52:32-5.3. Definitions
As used in this act:1
“High performance green building” means a building that is designed and constructed in a
manner that achieves at least:
a. a silver rating according to the Leadership in Energy and Environmental Design Green
Building Rating System as adopted by the United States Green Building Council;
b. a two globe rating according to the Green Globes Program as adopted by the Green
Building Initiative; or
c. a comparable numeric rating according to a nationally recognized, accepted, and
appropriate numeric sustainable development rating system, guideline, or standard as the
Commissioner of Community Affairs, in consultation with the Commissioner of
Environmental Protection, the Director of Energy Savings established pursuant to
Executive Order No.11 of 2006, and the Board of Public Utilities, may designate by
regulation.
A “high performance green building” shall not mean any free-standing parking facility, multiple
use maintenance facility or storage facility.
“State governmental entity” means the Executive, Legislative and Judicial branches of the State
government, any agency or instrumentality of the State, including any board, bureau,
commission, corporation, department, or division, any independent State authority, and any State
institution of higher education. A county, municipality, or school district, or any agency or
instrumentality thereof, shall not be deemed a State governmental entity.
12096859.2
52:32-5.4. New construction of buildings used by the State to meet standards for a high
performance green building
Any new building having at least 15,000 square feet in total floor area that is to be constructed
for the sole use of a State governmental entity after the effective date of this act shall be designed
and managed to meet standards for a high performance green building. The Director of the
Division of Property Management and Construction in the Department of the Treasury, in
cooperation with the New Jersey Building Authority where appropriate, shall enforce the
provisions of this act. All plans, specifications and bid proposal documents for any building to
which the provisions of this section apply shall identify all the requirements for meeting the
appropriate certification level standard as provided in subsection a., b. or c. of section 1 of this
act, as appropriate. The requirements of this act shall not apply to any building for which a
request for proposal for entering into a contract to design the building has been issued prior to
the effective date of this act.
Executive Order #24
Governor James E. McGreevey
WHEREAS, the Legislature in July 2000 enacted the "Educational Facilities
Construction and Financing Act," P.L.2000, c.72 ("the Act") to address the inadequacies in the
quality, utility and safety of educational facilities throughout the State of New Jersey and to meet
the constitutional requirement for a thorough and efficient system of free public schools; and
WHEREAS, the Act commits significant State and local resources to address the
compelling, urgent need to construct new school facilities and rehabilitate existing school
facilities; and
WHEREAS, the Act provides that the New Jersey Economic Development Authority
("NJEDA") is responsible for funding and undertaking the repair, renovation and construction of
all the school facilities projects determined by the Commissioner of the Department of Education
("DOE") to meet the school facilities efficiency standards in the Abbott Districts and for
undertaking construction of school facilities projects in the districts receiving over 55% in State
aid for education and the "Level II" monitoring districts; and
WHEREAS, the Act also provides for State funding of a significant portion of the costs
of school facilities projects in the districts receiving less than 55% State aid for education
through grants administered by the NJEDA; and
WHEREAS, in the two years since adoption of the Act, the NJEDA has made progress in
implementing the school construction program, through development of an infrastructure,
policies, procedures and regulations, and the hiring of the staff and consultants required to
implement a program of this complexity and magnitude; and
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WHEREAS, many projects have already been undertaken and completed throughout the
State largely in the nature of repair of "health and safety conditions" but most new construction,
renovation and addition projects remain to be done; and
WHEREAS, the State now enjoys a unique and timely opportunity to design and
construct schools for the 21st century which will be adequate to serve the needs of children for
years to come, will incorporate long life cycles and reduce operating costs; and
WHEREAS, the primary purpose of these new and renovated school facilities is to serve
as places of learning for children, and as such should incorporate "high performance" design
features that accommodate and enhance the learning process; and
WHEREAS, the Legislature provided in Section 2(d) of the Act that "design of school
facilities should incorporate maximum operating efficiencies and new technologies to advance
the energy efficiency of school facilities and the efficiency of other school building systems;"
and
WHEREAS, school facilities are public buildings, and should be designed in a manner to
provide maximum access and benefit to the residents of the communities where they are situated,
in order to serve as centers of community; and
WHEREAS, schools that are true centers of community must be sited and designed with
the participation of the members of the community to be served by the school facility; and
WHEREAS, it is in the best interests of the people of New Jersey that school facilities
developed under the Act shall be modern facilities of the 21st century, combining all of these
features: the best possible learning environment, the most energy-efficient design, the most
environmentally sustainable systems, and the highest community-relevance; and
WHEREAS, in February 2002 pursuant to Executive Order the Abbott Implementation
and Compliance Coordinating Council was created to coordinate and direct State policy
regarding education reform implementation and school facility construction in the Abbott
districts; and
WHEREAS, the Abbott Implementation Council formed a facilities working group that
included representation from school districts, community organizations, and the architectural and
construction community to recommend improvements to the School Construction Program; and
WHEREAS, in order to accomplish the purposes of the Act, to begin implementation of
the recommendations of the Abbott Facilities Work Group, and to ensure that schools are
equipped for the 21st century, it is necessary now to focus, streamline and coordinate the
activities of various State agencies involved in this monumental and most important effort;
NOW, THEREFORE, I, JAMES E. MCGREEVEY, Governor of the State of New
Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this
State, do hereby ORDER and DIRECT:
12096859.2
1.
In order to establish the school construction program as a separate activity of the NJEDA
apart from its economic development mission and to provide for more focused attention,
the NJEDA shall establish a subsidiary corporation, which will be responsible for the
school facilities project. This shall include:
a.
The creation of a corporation Board of Directors consisting of the following
members: the Commissioner of Education; Commissioner of Labor;
Commissioner of Community Affairs; State Treasurer; CEO/Secretary of
Commerce and Economic Growth Commission; Executive Director of EDA;
Member of the Governor's Executive Staff; Three public members of the EDA
Board of Directors selected by the Governor; and two members of the public to be
appointed by the Governor.
b.
The Schools Corporation will be headed by a CEO to oversee the program, which
individual will have experience in construction management commensurate with
the task of overseeing a multi-billion dollar, long-term program.
2.
The NJEDA and all school districts developing school facilities projects to be funded
under the Act should attempt to incorporate community design features to maximize
public access to the building and enhance the utility of the building to the needs of the
community.
3.
The NJEDA and all school districts developing school facilities projects to be funded
under the Act are strongly encouraged to provide opportunity for the community at large
to have meaningful participation in the site selection process for the school facilities
projects, and in the design of school facilities.
4.
All new school designs shall incorporate the guidelines developed by the United States
Green Building Council known as "Leadership in Energy & Environmental Design
("LEED"), Version 2.0 to achieve maximum energy efficiency and environmental
sustainability in the design of schools.
5.
The DOE shall not approve any school facilities project for funding under the Act and the
NJEDA shall not construct any project unless the project is designed using best design
practices to create space that enhances the learning process and accommodates modern
teaching techniques.
6.
In order to improve the delivery of early childhood services, the Commissioner of DOE
should adopt regulations, which will establish facilities efficiency standards for early
childhood education facilities and criteria for the use by districts of community providers.
7.
The NJEDA should undertake actions to ensure that there is an adequate pool of qualified
contractors and consultants to carry out the school facilities projects funded under the
Act. The NJEDA should explore with other agencies, including the Department of
12096859.2
Treasury, the feasibility of consolidating and integrating the current multiple systems for
the classification and pre-qualification of consultants and contractors.
8.
To facilitate and expedite the completion of school facilities projects, the NJEDA is
hereby directed to take the following actions:
a.
Streamline the procurement process and make it more efficient through the use of
term contracts where appropriate to provide for such things, as the (i) acquisition
and installation of furniture, fixtures and equipment; (ii) acquisition of items
requiring long-lead times such as boilers, chillers and windows; (iii) services
related to land acquisition, and (iv) the ability to respond on an expedited basis to
health and safety issues in school facilities.
b.
Examine and implement changes in the process for delegating school facilities
projects under $500,000 back to the districts pursuant to Section 13(a) of the Act
and for funding grants to the under 55% districts pursuant to Section 15 of the Act
so that these projects can be completed more rapidly while still maintaining moral
and fiscal integrity.
9.
The NJEDA is authorized to call upon any department, office or agency of State
government to provide such information, resources or other assistance deemed necessary
to discharge its responsibilities under this Order. Each department, officer, division and
agency of this State is required to cooperate with the Authority and to furnish it with
assistance necessary to accomplish the purposes of this Order. Furthermore, the DOE is
directed to establish a satellite office at the NJEDA staffed by DOE personnel involved in
the review and approval of school facilities projects to better coordinate and share
information with the NJEDA.
10.
This Order shall take effect immediately.
12096859.2
New Mexico (back to top)
CHAPTER 7 Taxation
ARTICLE 2 Income Tax General Provisions
7-2-18.19. Sustainable building tax credit.
A. The tax credit provided by this section may be referred to as the “sustainable building
tax credit”. The sustainable building tax credit shall be available for the construction
in New Mexico of a sustainable building, the renovation of an existing building in
New Mexico into a sustainable building or the permanent installation of
manufactured housing, regardless of where the housing is manufactured, that is a
sustainable building. The tax credit provided in this section may not be claimed with
respect to the same sustainable building for which the sustainable building tax credit
provided in the Corporate Income and Franchise Tax Act has been claimed.
B. The purpose of the sustainable building tax credit is to encourage the construction of
sustainable buildings and the renovation of existing buildings into sustainable
buildings.
C. A taxpayer who files an income tax return is eligible to be granted a sustainable
building tax credit by the department if the taxpayer submits a document issued
pursuant to Subsection J of this section with the taxpayer's income tax return.
D. For taxable years ending on or before December 31, 2016, the sustainable building
tax credit may be claimed with respect to a sustainable commercial building. The
credit shall be calculated based on the certification level the building has achieved in
the LEED green building rating system and the amount of qualified occupied square
footage in the building, as indicated on the following chart:
LEED Rating Level
LEED -NC Silver
LEED -NC Gold
LEED -NC Platinum
LEED -EB or CS Silver
12096859.2
Qualified Occupied Square
Footage
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
Tax Credit per Square Foot
$3.50
$1.75
$ .70
$4.75
$2.00
$1.00
$6.25
$3.25
$2.00
$2.50
$1.25
LEED -EB or CS Gold
LEED -EB or CS Platinum
LEED -CI Silver
LEED -CI Gold
LEED -CI Platinum
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
$ .50
$3.35
$1.40
$ .70
$4.40
$2.30
$1.40
$1.40
$ .70
$ .30
$1.90
$ .80
$ .40
$2.50
$1.30
$ .80
E. For taxable years ending on or before December 31, 2016, the sustainable building
tax credit may be claimed with respect to a sustainable residential building. The credit
shall be calculated based on the amount of qualified occupied square footage, as
indicated on the following chart:
Rating System/Level
Qualified Occupied Square
Footage
Tax Credit per Square Foot
LEED-H Silver or Build
Green NM Silver
LEED-H Gold or Build
Green NM Gold
LEED-H Platinum or Build
Green NM Emerald
EPA ENERGY STAR
Manufactured Housing
First 2,000
Next 1,000
First 2,000
Next 1,000
First 2,000
Next 1,000
Up to 3,000
$5.00
$2.50
$6.85
$3.40
$9.00
$4.45
$3.00.
F. A person that is a building owner may apply for la certificate of eligibility for the
sustainable building tax credit from the energy, minerals and natural resources
department after the construction, installation or renovation of the sustainable
building is complete. Applications shall be considered in the order received. If the
energy, minerals and natural resources department determines that the building owner
meets the requirements of this subsection and that the building with respect to which
the tax credit application is made meets the requirements of this section as a
12096859.2
sustainable residential building or a sustainable commercial building, the energy,
minerals and natural resources department may issue a certificate of eligibility to the
building owner, subject to the limitation in Subsection G of this section. The
certificate shall include the rating system certification level awarded to the building,
the amount of qualified occupied square footage in the building and a calculation of
the maximum amount of sustainable building tax credit for which the building owner
would be eligible. The energy, minerals and natural resources department may issue
rules governing the procedure for administering the provisions of this subsection. If
the certification level for the sustainable residential building is awarded on or after
January 1, 2007, the energy, minerals and natural resources department may issue a
certificate of eligibility to a building owner who is:
(1) the owner of the sustainable residential building at the time the certification level
for the building is awarded; or
(2) the subsequent purchaser of a sustainable residential building with respect to
which no tax credit has been previously claimed.
G. The energy, minerals and natural resources department may issue a certificate of
eligibility only if the total amount of sustainable building tax credits represented by
certificates of eligibility issued by the energy, minerals and natural resources
department pursuant to this section and pursuant to the Corporate Income and
Franchise Tax Act shall not exceed in any calendar year an aggregate amount of one
million dollars ($1,000,000) with respect to sustainable commercial buildings and an
aggregate amount of four million dollars ($4,000,000) with respect to sustainable
residential buildings; provided that no more than one million two hundred fifty
thousand dollars ($1,250,000) of the aggregate amount with respect to sustainable
residential buildings shall be for manufactured housing. If for any taxable year the
energy, minerals and natural resources department determines that the applications
for sustainable building tax credits with respect to sustainable residential buildings for
that taxable year exceed the aggregate limit set in this section, the energy, minerals
and natural resources department may issue certificates of eligibility under the
aggregate annual limit for sustainable commercial buildings to owners of sustainable
residential buildings that meet the requirements of the energy, minerals and natural
resources department and of this section; provided that applications for sustainable
building credits for other sustainable commercial buildings total less than the full
amount allocated for tax credits for sustainable commercial buildings.
H. Installation of a solar thermal system or a photovoltaic system eligible for the solar
market development tax credit pursuant to Section 7-2-18.14 NMSA 1978 may not be
used as a component of qualification for the rating system certification level used in
determining eligibility for the sustainable building tax credit, unless a solar market
development tax credit pursuant to Section 7-2-18.14 NMSA 1978 has not been
claimed with respect to that system and the building owner and the taxpayer claiming
the sustainable building tax credit certify that such a tax credit will not be claimed
with respect to that system.
12096859.2
I. To be eligible for the sustainable building tax credit, the building owner shall provide
to the taxation and revenue department a certificate of eligibility issued by the energy,
minerals and natural resources department pursuant to the requirements of Subsection
F of this section and any other information the taxation and revenue department may
require to determine the amount of the tax credit for which the building owner is
eligible.
J. If the requirements of this section have been complied with, the department shall
issue to the building owner a document granting a sustainable building tax credit. The
document shall be numbered for identification and declare its date of issuance and the
amount of the tax credit allowed pursuant to this section. The document may be
submitted by the building owner with that taxpayer's income tax return, if applicable,
or may be sold, exchanged or otherwise transferred to another taxpayer. The parties to
such a transaction shall notify the department of the sale, exchange or transfer within
ten days of the sale, exchange or transfer.
K. If the total approved amount of all sustainable building tax credits for a taxpayer in a
taxable year represented by the documents issued pursuant to Subsection J of this
section is:
(1) less than one hundred thousand dollars ($100,000), a maximum of twenty-five
thousand dollars ($25,000) shall be applied against the taxpayer's income tax
liability for the taxable year for which the credit is approved and the next three
subsequent taxable years as needed depending on the amount of credit; or
(2) one hundred thousand dollars ($100,000) or more, increments of twenty-five
percent of the total credit amount in each of the four taxable years, including the
taxable year for which the credit is approved and the three subsequent taxable
years, shall be applied against the taxpayer's income tax liability.
L. If the sum of all sustainable building tax credits that can be applied to a taxable year
for a taxpayer, calculated according to Paragraph (1) or (2) of Subsection K of this
section, exceeds the taxpayer's income tax liability for that taxable year, the excess
may be carried forward for a period of up to seven years.
M. A taxpayer who otherwise qualifies and claims a sustainable building tax credit with
respect to a sustainable building owned by a partnership or other business association
of which the taxpayer is a member may claim a credit only in proportion to that
taxpayer's interest in the partnership or association. The total credit claimed in the
aggregate by all members of the partnership or association with respect to the
sustainable building shall not exceed the amount of the credit that could have been
claimed by a sole owner of the property.
12096859.2
N. A husband and wife who file separate returns for a taxable year in which they could
have filed a joint return may each claim only one-half of the sustainable building tax
credit that would have been allowed on a joint return.
O. The department shall compile an annual report on the sustainable building tax credit
created pursuant to this section that shall include the number of taxpayers approved
by the department to receive the tax credit, the aggregate amount of tax credits
approved and any other information necessary to evaluate the effectiveness of the tax
credit. Beginning in 2015 and every five years thereafter, the department shall
compile and present the annual reports to the revenue stabilization and tax policy
committee and the legislative finance committee with an analysis of the effectiveness
and cost of the tax credit and whether the tax credit is performing the purpose for
which it was created.
P. For the purposes of this section:
(1) “build green New Mexico rating system” means the certification standards
adopted by the homebuilders association of central New Mexico;
(2) “LEED-CI” means the LEED rating system for commercial interiors;
(3) “LEED-CS” means the LEED rating system for the core and shell of buildings;
(4) “LEED-EB” means the LEED rating system for existing buildings;
(5) “LEED gold” means the rating in compliance with, or exceeding, the secondhighest rating awarded by the LEED certification process;
(6) “LEED” means the most current leadership in energy and environmental design
green building rating system guidelines developed and adopted by the United
States green building council;
(7) “LEED-H” means the LEED rating system for homes;
(8) “LEED-NC” means the LEED rating system for new buildings and major
renovations;
(9) “LEED platinum” means the rating in compliance with, or exceeding, the highest
rating awarded by the LEED certification process;
(10)
“LEED silver” means the rating in compliance with, or exceeding, the
third-highest rating awarded by the LEED certification process;
(11)
“manufactured housing” means a multisectioned home that is:
(a) a manufactured home or modular home;
12096859.2
(b) a single-family dwelling with a heated area of at least thirty-six feet by
twenty-four feet and a total area of at least eight hundred sixty-four square
feet;
(c) constructed in a factory to the standards of the United States department of
housing and urban development, the National Manufactured Housing
Construction and Safety Standards Act of 1974 and the Housing and Urban
Development Zone Code 2 or New Mexico construction codes up to the
date of the unit's construction; and
(d) installed consistent with the Manufactured Housing Act and rules adopted
pursuant to that act relating to permanent foundations;
(12)
“qualified occupied square footage” means the occupied spaces of the
building as determined by:
a. the United States green building council for those buildings obtaining
LEED certification;
b. the administrators of the build green New Mexico rating system for those
homes obtaining build green New Mexico certification; and
c. the United States environmental protection agency for ENERGY STARcertified manufactured homes;
(13)
“person” does not include state, local government, public school district or
tribal agencies;
(14)
“sustainable building” means either a sustainable commercial building or a
sustainable residential building;
(15)
“sustainable commercial building” means a multifamily dwelling unit, as
registered and certified under the LEED-H or build green New Mexico rating
system, that is certified by the United States green building council as LEED-H
silver or higher or by build green New Mexico as silver or higher and has
achieved a home energy rating system index of sixty or lower as developed by the
residential energy services network or a building that has been registered and
certified under the LEED-NC, LEED-EB, LEED-CS or LEED-CI rating system
and that:
a. is certified by the United States green building council at LEED silver or
higher;
b. achieves any prerequisite for and at least one point related to commissioning
under LEED “energy and atmosphere”, if included in the applicable rating
system; and
12096859.2
c. has reduced energy consumption, as follows: 1) through 2011, a fifty
percent energy reduction will be required based on the national average for
that building type as published by the United States department of energy;
and beginning January 1, 2012, a sixty percent energy reduction will be
required based on the national average for that building type as published by
the United States department of energy; and 2) is substantiated by the
United States environmental protection agency target finder energy
performance results form, dated no sooner than the schematic design phase
of development;
(16)
“sustainable residential building” means:
(a) a building used as a single-family residence as registered and certified under
the build green New Mexico or LEED-H rating system that: 1) is certified by
the United States green building council as LEED-H silver or higher or by
build green New Mexico as silver or higher; and 2) has achieved a home
energy rating system index of sixty or lower as developed by the residential
energy services network; or
(b) manufactured housing that is ENERGY STAR-qualified by the United States
environmental protection agency; and
(17)
“tribal” means of, belonging to or created by a federally recognized Indian
nation, tribe or pueblo..
CHAPTER 7 Taxation
ARTICLE 2A Corporate Income and Franchise Tax
7-2A-21. Sustainable building tax credit.
A.
B.
C.
12096859.2
The tax credit provided by this section may be referred to as the “sustainable
building tax credit”. The sustainable building tax credit shall be available for the
construction in New Mexico of a sustainable building, the renovation of an
existing building in New Mexico into a sustainable building or the permanent
installation of manufactured housing, regardless of where the housing is
manufactured, that is a sustainable building. The tax credit provided in this
section may not be claimed with respect to the same sustainable building for
which the sustainable building tax credit provided in the Income Tax Act has been
claimed.
The purpose of the sustainable building tax credit is to encourage the construction
of sustainable buildings and the renovation of existing buildings into sustainable
buildings.
A taxpayer that files a corporate income tax return is eligible to be granted a
sustainable building tax credit by the department if the taxpayer submits a
D.
document issued pursuant to Subsection J of this section with the taxpayer's
corporate income tax return.
For taxable years ending on or before December 31, 2016, the sustainable
building tax credit may be claimed with respect to a sustainable commercial
building. The credit shall be calculated based on the certification level the
building has achieved in the LEED green building rating system and the amount
of qualified occupied square footage in the building, as indicated on the following
chart:
LEED Rating Level
LEED-NC Silver
LEED-NC Gold
LEED-NC Platinum
LEED-EB or CS Silver
LEED-EB or CS Gold
LEED-EB or CS Platinum
LEED-CI Silver
LEED-CI Gold
12096859.2
Qualified Occupied Square
Footage
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
First 10,000
Next 40,000
Over 50,000
up to 500,000
Tax Credit per Square Foot
$3.50
$1.75
$ .70
$4.75
$2.00
$1.00
$6.25
$3.25
$2.00
$2.50
$1.25
$ .50
$3.35
$1.40
$ .70
$4.40
$2.30
$1.40
$1.40
$ .70
$ .30
$1.90
$ .80
$ .40
LEED-CI Platinum
E.
$2.50
$1.30
$ .80
For taxable years ending on or before December 31, 2016, the sustainable
building tax credit may be claimed with respect to a sustainable residential
building. The credit shall be calculated based on the amount of qualified occupied
square footage, as indicated on the following chart:
Rating System/Level
Build Green NM Gold
LEED-H Silver
LEED-H Gold
LEED-H Platinum
EPA ENERGY STAR
Manufactured Housing
F.
First 10,000
Next 40,000
Over 50,000
up to 500,000
Qualified Occupied Square
Footage
First 2,000
Next 1,000
First 2,000
Next 1,000
First 2,000
Next 1,000
First 2,000
Next 1,000
Up to 3,000
Tax Credit per Square Foot
$4.50
$2.00
$5.00
$2.50
$6.85
$3.40
$9.00
$4.45
$3.00
A person that is a building owner may apply for a certificate of eligibility for the
sustainable building tax credit from the energy, minerals and natural resources
department after the construction, installation or renovation of the sustainable
building is complete. Applications shall be considered in the order received. If the
energy, minerals and natural resources department determines that the building
owner meets the requirements of this subsection and that the building with respect
to which the tax credit application is made meets the requirements of this section
as a sustainable residential building or a sustainable commercial building, the
energy, minerals and natural resources department may issue a certificate of
eligibility to the building owner, subject to the limitation in Subsection G of this
section. The certificate shall include the rating system certification level awarded
to the building, the amount of qualified occupied square footage in the building
and a calculation of the maximum amount of sustainable building tax credit for
which the building owner would be eligible. The energy, minerals and natural
resources department may issue rules governing the procedure for administering
the provisions of this subsection. If the certification level for the sustainable
residential building is awarded on or after January 1, 2007, the energy, minerals
and natural resources department may issue a certificate of eligibility to a building
owner who is:
(1) the owner of the sustainable residential building at the time the certification
level for the building is awarded; or
12096859.2
(2) the subsequent purchaser of a sustainable residential building with respect to
which no tax credit has been previously claimed.
G.
The energy, minerals and natural resources department may issue a certificate of
eligibility only if the total amount of sustainable building tax credits represented
by certificates of eligibility issued by the energy, minerals and natural resources
department pursuant to this section and pursuant to the Income Tax Act shall not
exceed in any calendar year an aggregate amount of one million dollars
($1,000,000) with respect to sustainable commercial buildings and an aggregate
amount of four million dollars ($4,000,000) with respect to sustainable residential
buildings; provided that no more than one million two hundred fifty thousand
dollars ($1,250,000) of the aggregate amount with respect to sustainable
residential buildings shall be for manufactured housing. If for any taxable year the
energy, minerals and natural resources department determines that the
applications for sustainable building tax credits with respect to sustainable
residential buildings for that taxable year exceed the aggregate limit set in this
section, the energy, minerals and natural resources department may issue
certificates of eligibility under the aggregate annual limit for sustainable
commercial buildings to owners of sustainable residential buildings that meet the
requirements of the energy, minerals and natural resources department and of this
section; provided that applications for sustainable building credits for other
sustainable commercial buildings total less than the full amount allocated for tax
credits for sustainable commercial buildings.
H.
Installation of a solar thermal system or a photovoltaic system eligible for the
solar market development tax credit pursuant to Section 7-2-18.14 NMSA 1978
may not be used as a component of qualification for the rating system certification
level used in determining eligibility for the sustainable building tax credit, unless
a solar market development tax credit pursuant to Section 7-2-18.14 NMSA 1978
has not been claimed with respect to that system and the building owner and the
taxpayer claiming the sustainable building tax credit certify that such a tax credit
will not be claimed with respect to that system.
I.
To be eligible for the sustainable building tax credit, the building owner shall
provide to the taxation and revenue department a certificate of eligibility issued
by the energy, minerals and natural resources department pursuant to the
requirements of Subsection F of this section and any other information the
taxation and revenue department may require to determine the amount of the tax
credit for which the building owner is eligible.
J.
If the requirements of this section have been complied with, the department shall
issue to the building owner a document granting a sustainable building tax credit.
The document shall be numbered for identification and declare its date of issuance
and the amount of the tax credit allowed pursuant to this section. The document
may be submitted by the building owner with that taxpayer's income tax return, if
12096859.2
applicable, or may be sold, exchanged or otherwise transferred to another
taxpayer. The parties to such a transaction shall notify the department of the sale,
exchange or transfer within ten days of the sale, exchange or transfer.Installation
of a solar thermal system or a photovoltaic system eligible for the solar market
development tax credit pursuant to Section 7-2-18.14 NMSA 1978 may not be
used as a component of qualification for the rating system certification level used
in determining eligibility for the sustainable building tax credit, unless a solar
market development tax credit pursuant to Section 7-2-18.14 NMSA 1978 has not
been claimed with respect to that system and the taxpayer certifies that such a tax
credit will not be claimed with respect to that system.
K.
If the total approved amount of all sustainable building tax credits for a taxpayer
in a taxable year represented by the documents issued pursuant to Subsection J of
this section is:
(1) less than one hundred thousand dollars ($100,000), a maximum of twenty-five
thousand dollars ($25,000) shall be applied against the taxpayer's corporate
income tax liability for the taxable year for which the credit is approved and
the next three subsequent taxable years as needed depending on the amount of
credit; or
(2) one hundred thousand dollars ($100,000) or more, increments of twenty-five
percent of the total credit amount in each of the four taxable years, including
the taxable year for which the credit is approved and the three subsequent
taxable years, shall be applied against the taxpayer's corporate income tax
liability.
L.
If the sum of all sustainable building tax credits that can be applied to a taxable
year for a taxpayer, calculated according to Paragraph (1) or (2) of Subsection K
of this section, exceeds the taxpayer's corporate income tax liability for that
taxable year, the excess may be carried forward for a period of up to seven years.
M.
A taxpayer that otherwise qualifies and claims a sustainable building tax credit
with respect to a sustainable building owned by a partnership or other business
association of which the taxpayer is a member may claim a credit only in
proportion to that taxpayer's interest in the partnership or association. The total
credit claimed in the aggregate by all members of the partnership or association
with respect to the sustainable building shall not exceed the amount of the credit
that could have been claimed by a sole owner of the property.
N.
The department shall compile an annual report on the sustainable building tax
credit created pursuant to this section that shall include the number of taxpayers
approved by the department to receive the tax credit, the aggregate amount of tax
credits approved and any other information necessary to evaluate the effectiveness
of the tax credit. Beginning in 2015 and every five years thereafter, the
department shall compile and present the annual reports to the revenue
12096859.2
stabilization and tax policy committee and the legislative finance committee with
an analysis of the effectiveness and cost of the tax credit and whether the tax
credit is performing the purpose for which it was created.H. To be eligible for the
sustainable building tax credit, the taxpayer must provide to the taxation and
revenue department a certificate of eligibility issued by the energy, minerals and
natural resources department pursuant to the requirements of Subsection E of this
section and any other information the taxation and revenue department may
require to determine the amount of the tax credit due the taxpayer.
O. For the purposes of this section:
(1) “build green New Mexico rating system” means the certification standards
adopted by the homebuilders association of central New Mexico;
(2) “LEED-CI” means the LEED rating system for commercial interiors;
(3) “LEED-CS” means the LEED rating system for the core and shell of
buildings;
(4) “LEED-EB” means the LEED rating system for existing buildings;
(5) “LEED gold” means the rating in compliance with, or exceeding, the secondhighest rating awarded by the LEED certification process;
(6) “LEED” means the most current leadership in energy and environmental
design green building rating system guidelines developed and adopted by the
United States green building council;
(7) “LEED-H” means the LEED rating system for homes;
(8) “LEED-NC” means the LEED rating system for new buildings and major
renovations;
(9) “LEED platinum” means the rating in compliance with, or exceeding, the
highest rating awarded by the LEED certification process;
(10) “LEED silver” means the rating in compliance with, or exceeding, the thirdhighest rating awarded by the LEED certification process;
(11) “manufactured housing” means a multisectioned home that is:
(a) a manufactured home or modular home;
(b) a single-family dwelling with a heated area of at least thirty-six feet by
twenty-four feet and a total area of at least eight hundred sixty-four
square feet;
12096859.2
(c) constructed in a factory to the standards of the United States department
of housing and urban development, the National Manufactured Housing
Construction and Safety Standards Act of 1974 and the Housing and
Urban Development Zone Code 2 or New Mexico construction codes up
to the date of the unit's construction; and
(d) installed consistent with the Manufactured Housing Act and rules adopted
pursuant to that act relating to permanent foundations;
(12) “qualified occupied square footage” means the occupied spaces of the
building as determined by:
(a) the United States green building council for those buildings obtaining
LEED certification;
(b) the administrators of the build green New Mexico rating system for
those homes obtaining build green New Mexico certification; and
(c) the United States environmental protection agency for ENERGY STARcertified manufactured homes;
(13) “person” does not include state, local government, public school district or
tribal agencies;
(14) “sustainable building” means either a sustainable commercial building or a
sustainable residential building;
(15) “sustainable commercial building” means a multifamily dwelling unit, as
registered and certified under the LEED-H or build green New Mexico
rating system, that is certified by the United States green building council as
LEED-H silver or higher or by build green New Mexico as silver or higher
and has achieved a home energy rating system index of sixty or lower as
developed by the residential energy services network or a building that has
been registered and certified under the LEED-NC, LEED-EB, LEED-CS or
LEED-CI rating system and that:
(a) is certified by the United States green building council at LEED silver or
higher;
(b) achieves any prerequisite for and at least one point related to
commissioning under LEED “energy and atmosphere”, if included in
the applicable rating system; and
(c) has reduced energy consumption, as follows: 1) through 2011, a fifty
percent energy reduction will be required based on the national average
12096859.2
for that building type as published by the United States department of
energy; and beginning January 1, 2012, a sixty percent energy reduction
will be required based on the national average for that building type as
published by the United States department of energy; and 2) is
substantiated by the United States environmental protection agency
target finder energy performance results form, dated no sooner than the
schematic design phase of development;
(16) “sustainable residential building” means:
(a) a building used as a single-family residence as registered and certified
under the build green New Mexico or LEED-H rating systems that: 1) is
certified by the United States green building council as LEED-H silver
or higher or by build green New Mexico as silver or higher; and 2) has
achieved a home energy rating system index of sixty or lower as
developed by the residential energy services network; or
(b) manufactured housing that is ENERGY STAR-qualified by the United
States environmental protection agency; and
(17) “tribal” means of, belonging to or created by a federally recognized Indian
nation, tribe or pueblo.
§ 15-3-36. Energy efficiency standards for public buildings
A. As used in this section:
(1) “department” means the energy, minerals and natural resources department;
(2) “new building” means a building to be constructed that is designed with a square footage
of three thousand or more square feet;
(3) “selected building addition” means an addition to a building that increases the square
footage of the building by three thousand or more square feet; and
(4) “selected building renovation” means a renovation of a building that includes upgrade or
replacement of at least two of the following:
(a) heating, ventilation and air conditioning systems;
(b) electrical systems, including lighting systems; and
(c) the components that separate the interior and the exterior environments of a building
and serve to protect the indoor environment and facilitate climate control.
B. Except as provided in Subsection C of this section, a new building, selected building addition
or selected building renovation that is financed to any extent with legislative appropriations of
state general fund revenues, severance tax bond proceeds, supplemental severance tax bond
proceeds or state general obligation bond proceeds shall be designed and constructed to attain
the energy star qualification of the United States environmental protection agency, or an
alternative, equivalent standard specified by rule of the department.
C. The requirements of this section do not apply to:
12096859.2
(1) a new building, a selected building addition or a selected building renovation for which
the initial legislative appropriation is made prior to January 1, 2011;
(2) a new building, a selected building addition or a selected building renovation for which,
in the department's opinion, substantial design expenditures have been made prior to July
1, 2010;
(3) a selected building addition to an existing building or a selected building renovation to an
existing building if the existing building is listed in the state register of cultural properties
of the national register of historic places; or
(4) a new building, selected building addition or selected building renovation if the
department determines that the costs of compliance with the requirements of this section
would exceed the estimated life-cycle savings of the building, addition or renovation.
EXECUTIVE ORDER 2006-001
STATE OF NEW MEXICO ENERGY EFFICIENT GREEN BUILDING STANDARDS
FOR STATE BUILDINGS
WHEREAS, the State of New Mexico is committed to improving the health of its
employees and its citizens, increasing the production and use of clean energy sources, reducing
waste, conserving water, and reducing greenhouse gas emissions, and desires to empower
sustainable economic development;
WHEREAS, the Federal Government through programs fostered within many of its key
agencies, numerous State governments as well as municipalities across the U.S. have adopted
high performance green building principles through the incorporation of the U.S. Green Building
Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system into
their building services;
WHEREAS, a recent study by the Lawrence Berkley National Laboratory completed the
most definitive cost-benefit analysis of green buildings ever conducted and concluded that the
financial benefits of green design are between $50 and $70 per square foot in a LEED building,
more than 10 times the additional cost associated with building green. Additionally, the large
positive impact on employee productivity and health gains suggests that green building has a
cost-effective impact beyond just the utility bill savings;
WHEREAS, studies have indicated that student attendance and performance is higher in
green school buildings;
WHEREAS, recognizing that a building's initial construction costs represents only 20-30
percent of the building's entire costs over its 30 to 40 year life, emphasis should be placed on the
"life cycle costs" of a public building rather than solely on its initial capital costs; and
WHEREAS, the construction industry in the State of New Mexico represents a
significant portion of our economy and a significant portion of the building industry is
represented by small business and an increase in sustainable building practices will encourage
and promote new and innovative small business development throughout the State.
12096859.2
NOW, THEREFORE, I, Bill Richardson, Governor of the State of New Mexico, declare
that the state adopt specific standards to implement and facilitate the use of high performance
energy efficient green building practices for all state-funded existing and new buildings
throughout the State of New Mexico.
IT IS THEREFORE ORDERED that all Executive Branch state agencies, including the
Higher Education Department, adopt the U.S. Green Building Council's LEED TM rating
system consistent with all applicable laws to achieve the following:
•
New construction of public buildings in excess of 15,000 square feet and/or using
over 50 kW peak electrical demand shall build to and achieve a minimum rating
of " LEED TM Silver." In achieving its LEED TM rating, the project must
achieve a minimum delivered energy performance standard of one half the U.S.
energy consumption for that building type as defined by the U.S. Department of
Energy.
•
New construction and renovation projects of public buildings between 5,00015,000 square feet in size shall achieve a minimum delivered energy performance
standard of one half the U.S. energy consumption for that building type as defined
by the U.S. Department of Energy.
•
Renovations of public buildings in excess of 15,000 square feet and/or using over
50 kW peak electrical demand and comprising upgrades or replacement of two of
the three major systems (HVAC, lighting, and plumbing), shall achieve a
minimum rating of "LEED Silver" and a minimum delivered energy performance
standard of one half the U.S. energy consumption for that building type as defined
by the U.S. Department of Energy.
•
All other new construction, renovations, repairs, and replacements of state
buildings shall employ cost-effective, energy-efficient, green building practices to
the maximum extent possible; and
IT IS FURTHER ORDERED, that the General Services Department, in coordination with
the Energy, Minerals and Natural Resources Department, the Construction Industries Division,
and the New Mexico Chapter of the U.S. Green Building Council, shall develop criteria and a
workable process for implementing this system; and
IT IS FURTHER ORDERED, that the General Services Department encourage
privatesector building owners that lease to State agencies to comply with the same energyefficiency performance standards required of State agencies in this Executive Order by offering
preference points as determined by the Evaluation Committee for each lease RFP conducted
under jurisdiction of the General Services Department; and
IT IS FURTHER ORDERED, that the Energy, Minerals, and Natural Resources
Department (EMNRD) convene a "Public Schools Clean Energy Task Force" that shall be
12096859.2
advisory in nature and shall make recommendations to implement aggressive energy efficiency
measures in all existing school buildings and in the construction of all new schools and school
renovations, including adopting the same energy efficiency standards established for executive
branch agencies in this order. The Task Force shall also address the public schools'
implementation of Executive Order 05-049, Requiring the Increased Use of Renewable Fuels in
New Mexico State Government. The Task Force shall consist of representatives from EMNRD,
Public Education Department, New Mexico Coalition of School Administrators, New Mexico
School Boards Association, Public School Facilities Authority, Public Schools Capitol Outlay
Task Force, and other members as appropriate. The Task Force shall report to the Governor by
August 1, 2006 on its findings and recommendations; and
IT IS FURTHER ORDERED, that the Local Government Division of the Department of
Finance and Administration, evaluate and develop recommendations to ensure that the siting of
public buildings, including schools, minimizes transportation-related energy usage; and
IT IS FURTHER ORDERED, that the Construction Industries Division (CID) and the
Construction Industries Commission (CIC) pursue updating residential and commercial building
codes to promote and encourage consumers to develop state-of-the-art cost-effective energy
efficient buildings and, in cooperation with EMNRD, engage the active support and participation
from the CID and CIC on green building outreach, training, and technical assistance efforts; and
IT IS FURTHER ORDERED, that all State agencies are encouraged to work
cooperatively with one another to achieve the goals outlined in this executive order.
THIS ORDER supersedes any other previous orders, proclamations, or directives in
conflict. This Executive Order shall take effect immediately and shall remain in effect until such
time as the Governor rescinds it.
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New York (back to top)
Education
Title 8 - THE PROFESSIONS
Article 130 - GENERAL PROVISIONS
Sub Art. 3 - (6509 - 6511) Professional misconduct.
§ 6509. Definitions of professional misconduct.
Each of the following is professional misconduct, and any licensee found guilty of such
misconduct under the procedures prescribed in section sixty-five hundred ten shall be subject to
the penalties prescribed in section sixty-five hundred eleven:
Obtaining the license fraudulently,
Practicing the profession fraudulently, beyond its authorized scope, with gross
incompetence, with gross negligence on a particular occasion or negligence or incompetence on
more than one occasion,
Practicing the profession while the ability to practice is impaired by alcohol, drugs,
physical disability, or mental disability,
Being habitually drunk or being dependent on, or a habitual user of narcotics,
barbiturates, amphetamines, hallucinogens, or other drugs having similar effects,
(a)
Being convicted of committing an act constituting a crime under:
New York State law or,
Federal law or,
The law of another jurisdiction and which, if committed within this state, would have
constituted a crime under New York State law;
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(b)
Having been found guilty of improper professional practice or
professional misconduct by a duly authorized professional
disciplinary agency of another state where the conduct upon which
the finding was based would, if committed in New York state,
constitute professional misconduct under the laws of New York
state;
(c)
Having been found by the commissioner of health to be in
violation of article thirty-three of the public health law.
(d)
Having his license to practice medicine revoked, suspended or
having other disciplinary action taken, or having his application for
a license refused, revoked or suspended or having voluntarily or
otherwise surrendered his license after a disciplinary action was
instituted by a duly authorized professional disciplinary agency of
another state, where the conduct resulting in the revocation,
suspension or other disciplinary action involving the license or
refusal, revocation or suspension of an application for a license or
the surrender of the license would, if committed in New York
state, constitute professional misconduct under the laws of New
York state.
Refusing to provide professional service to a person because of such person's race, creed,
color, or national origin,
Permitting, aiding or abetting an unlicensed person to perform activities requiring a
license,
Practicing the profession while the license is suspended, or wilfully failing to register or
notify the department of any change of name or mailing address, or, if a professional service
corporation wilfully failing to comply with sections fifteen hundred three and fifteen hundred
fourteen of the business corporation law or, if a university faculty practice corporation wilfully
failing to comply with paragraphs (b), (c) and (d) of section fifteen hundred three and section
fifteen hundred fourteen of the business corporation law,
Committing unprofessional conduct, as defined by the board of regents in its rules or by
the commissioner in regulations approved by the board of regents,
A violation of section twenty-eight hundred three-d or twenty-eight hundred five-k of the
public health law.
A violation of section six thousand five hundred five-b of this chapter by a professional
other than a professional subject to the provisions of paragraph (f) of subdivision one of section
twenty-eight hundred five-k of the public health law.
In the event that the department of environmental conservation has reported to the
department alleged misconduct by an architect or professional engineer in making a certification
under section nineteen of the tax law (relating to the green building tax credit) the board of
regents, upon a hearing and a finding of willful misconduct, may revoke the license of such
professional or prescribe such other penalty as it determines to be appropriate.
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TAX - Tax
Article 1 - SHORT TITLE; DEFINITIONS; MISCELLANEOUS
§ 19. Green building credit.
(a) Allowance of credit. (1) General. (A) [Eff. until Jan. 1, 2015. See, also, subpar. (A) below.]
Green building credit. A taxpayer subject to tax under article nine, nine-A, twenty-two, thirtytwo or thirty-three of this chapter shall be allowed a green building credit against such tax,
pursuant to the provisions referenced in subdivision (f) of this section. Provided, however, no
credit shall be allowed under this section unless the taxpayer has complied with the applicable
requirements of paragraph two of subdivision (d) of this section (relating to reports to DEC). The
amount of the credit shall be the sum of the credit components specified in paragraphs two
through seven of this subdivision. Provided, however, the amount of each such credit component
shall not exceed the limit set forth in the initial credit component certificate obtained pursuant to
subdivision (c) of this section. In the determination of such credit components, no cost paid or
incurred by the taxpayer shall be the basis for more than one such component.
(a) Allowance of credit. (1) General. (A) [Eff. Jan. 1, 2015. See, also, subpar. (A) above.] Green
building credit. A taxpayer subject to tax under article nine, nine-A, twenty-two or thirty-three of
this chapter shall be allowed a green building credit against such tax, pursuant to the provisions
referenced in subdivision (f) of this section. Provided, however, no credit shall be allowed under
this section unless the taxpayer has complied with the applicable requirements of paragraph two
of subdivision (d) of this section (relating to reports to DEC). The amount of the credit shall be
the sum of the credit components specified in paragraphs two through seven of this subdivision.
Provided, however, the amount of each such credit component shall not exceed the limit set forth
in the initial credit component certificate obtained pursuant to subdivision (c) of this section. In
the determination of such credit components, no cost paid or incurred by the taxpayer shall be
the basis for more than one such component.
(B) Credit to successor owner. If a credit is allowed to a building owner pursuant to this
subdivision with respect to property, and such property (or an interest therein) is sold, the credit
for the period after the sale which would have been allowable under this subdivision to the prior
owner had the property not been sold shall be allowable to the new owner. Credit for the year of
sale shall be allocated between the parties on the basis of the number of days during such year
that the property or interest was held by each.
(C) Credit to successor tenant. If a credit is allowed to a tenant pursuant to this subdivision with
respect to property, and if such tenancy is terminated but such property remains in use in the
building by a successor tenant, the credit for the period after such termination which would have
been allowable under this subdivision to the prior tenant had the tenancy not been terminated
shall be allowable to the successor tenant. Credit for the year of termination shall be allocated
between the parties on the basis of the number of days during such year that the property was
used by each.
(D) Notwithstanding any other provision of law to the contrary, in the case of allowance of credit
under this section to a successor owner or tenant, as provided in subparagraph (B) or (C) of this
paragraph, the commissioner shall have the authority to reveal to the successor owner or tenant
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any information, with respect to the credit of the prior owner or tenant, which is the basis for the
denial in whole or in part of the credit claimed by such successor owner or tenant.
(2) Green whole-building credit component. The green whole-building credit component shall be
equal to the applicable percentage of the allowable costs paid or incurred by the taxpayer
(whether owner or tenant), for either the construction of a green building or the rehabilitation of
a building which is not a green building to be a green building. Provided, however, the credit
component shall not exceed the maximum amount specified in the initial credit component
certificate. The applicable percentage shall be 1.4 percent, except that if the building is located in
an economic development area, the applicable percentage shall be 1.6 percent. The credit
component amount so determined shall be allowed for the credit allowance year, but only if (A)
the taxpayer has obtained and filed both an initial credit component certificate and an eligibility
certificate issued pursuant to subdivision (c) of this section, (B) a certificate of occupancy for the
building has been issued and (C) where the credit allowance year is a year described in
subparagraph (B) of paragraph two-a of subdivision (b) of this section, the green building or
rehabilitation remains in service during such year. Such credit component amount shall be
allowed also for each of the next four succeeding taxable years with respect to which the
taxpayer has obtained and filed an eligibility certificate pursuant to subdivision (c) of this
section. Provided, further, the allowable costs may not exceed, in the aggregate, one hundred
fifty dollars per square foot with respect to the portion of the building which comprises the base
building and seventy-five dollars per square foot with respect to the portion of the building
which comprises the tenant space.
(3) Green base building credit component. The green base building credit component shall be
equal to the applicable percentage of the allowable costs paid or incurred by the taxpayer, if the
owner, for either the construction of a green base building or for the rehabilitation of a base
building which is not a green base building to be a green base building. Provided, however, the
credit component shall not exceed the maximum amount specified in the initial credit component
certificate. The applicable percentage shall be one percent, except that if the building is located
in an economic development area, the applicable percentage shall be 1.2 percent. The credit
component amount so determined shall be allowed for the credit allowance year, but only if (A)
the taxpayer has obtained and filed both an initial credit component certificate and an eligibility
certificate issued pursuant to subdivision (c) of this section, (B) a certificate of occupancy for the
building has been issued and (C) where the credit allowance year is a year described in
subparagraph (B) of paragraph two-a of subdivision (b) of this section, the green base building or
rehabilitation of a base building remains in service during such year. Such credit component
amount shall be allowed also for each of the next four succeeding taxable years with respect to
which the taxpayer has obtained and filed an eligibility certificate pursuant to subdivision (c) of
this section. Provided, further, the allowable costs for the base building may not exceed, in the
aggregate, one hundred fifty dollars per square foot.
(4) Green tenant space credit component. The green tenant space credit component shall be equal
to the applicable percentage of allowable costs for tenant improvements paid or incurred by the
taxpayer (whether owner or tenant) in constructing (including completing) tenant space, or
rehabilitating tenant space which is not green tenant space to be green tenant space. Provided,
however, the credit component shall not exceed the maximum amount specified in the initial
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credit component certificate. The applicable percentage shall be one percent, except that if the
building is located in an economic development area the applicable percentage shall be 1.2
percent. Provided, however, that the owner, or a tenant who occupies fewer than ten thousand
square feet, shall qualify for such green tenant space credit component only in the event that the
base building is a green base building. The credit component amount so determined shall be
allowed for the credit allowance year, but only if (A) the taxpayer has obtained and filed an
initial credit component certificate and an eligibility certificate issued pursuant to subdivision (c)
of this section and (B) where the credit allowance year is a year described in subparagraph (B) of
paragraph two-a of subdivision (b) of this section, the construction, completion or rehabilitation
remains in service during such year. Such credit component amount shall be allowed also for
each of the next four succeeding taxable years with respect to which the taxpayer has obtained
and filed an eligibility certificate pursuant to subdivision (c) of this section. Provided, however,
the allowable costs for tenant space shall not exceed, in the aggregate, seventy-five dollars per
square foot. In the event that both an owner and tenant incur such costs for tenant space with
respect to the same tenant space and such costs in the aggregate exceed seventy-five dollars per
square foot, the owner shall have priority as to costs constituting the basis for the green tenant
space credit component.
(5) Fuel cell credit component. A fuel cell credit component shall be allowed for the installation
of a fuel cell which is a qualifying alternate energy source, installed to serve a green building,
green base building or green tenant space. The amount of the credit component shall be six
percent of the sum of the capitalized costs paid or incurred by the taxpayer with respect to each
fuel cell installed to serve such building or space, including the cost of the foundation or
platform and the labor cost associated with installation, such capitalized costs not to exceed one
thousand dollars per kilowatt of installed DC rated capacity. Provided, however, the credit
component shall not exceed the maximum amount specified in the initial credit component
certificate. The fuel cell credit component amount so determined shall be allowed for the credit
allowance year, but only if (A) the taxpayer has obtained and filed an initial credit component
certificate and an eligibility certificate issued pursuant to subdivision (c) of this section and (B)
where the credit allowance year is a year described in subparagraph (B) of paragraph two-a of
subdivision (b) of this section, the fuel cell remains in service during such year. Such credit
component amount shall be allowed also with respect to each of the four taxable years next
following during which the fuel cell remains in service. Provided, however, that the amount of
any federal, state or local grant received by the taxpayer and used for the purchase and/or
installation of such fuel cell and which was not included in the federal gross income of the
taxpayer shall be subtracted from the amount of such cost.
(6) Photovoltaic module credit component. A photovoltaic module credit component shall be
allowed for the installation of photovoltaic modules which constitute a qualifying alternate
energy source installed to serve a green building, green base building or green tenant space. The
amount of the credit component shall be twenty percent of the incremental cost paid or incurred
by the taxpayer for building-integrated photovoltaic modules and five percent of the cost of nonbuilding-integrated photovoltaic modules, in either case such cost not to exceed the product of (i)
three dollars and (ii) the number of watts included in the DC rated capacity of the photovoltaic
modules. Provided, however, the credit component shall not exceed the maximum amount
specified in the initial credit component certificate. The credit component amount so determined
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shall be allowed for the credit allowance year, but only if (A) the taxpayer has obtained and filed
an initial credit component certificate and an eligibility certificate issued pursuant to subdivision
(c) of this section and (B) where the credit allowance year is a year described in subparagraph
(B) of paragraph two-a of subdivision (b) of this section, the modules remain in service during
such year. Such credit amount shall be allowed also for the four taxable years next following
during which the modules remain in service. Provided, however, that the amount of any federal,
state or local grant received by the taxpayer and used for the purchase and/or installation of such
photovoltaic equipment and which was not included in the federal gross income of the taxpayer
shall be subtracted from the amount of such cost.
(7) Green refrigerant component. A green refrigerant component shall be allowed for new air
conditioning equipment (including chillers and absorption chillers, water or air cooled unitary
equipment, water-cooled heat pumps, packaged terminal heat pumps, air conditioners, and other
similar air conditioning equipment) that uses an EPA-approved non-ozone depleting refrigerant
installed to serve a green building, green base building or green tenant space. The amount of the
credit component shall be two percent of the cost of such air conditioning equipment. The
commissioner of environmental conservation, in consultation with NYSERDA, shall promulgate
regulations concerning the eligibility of other EPA-approved refrigerants to receive a credit
pursuant to this paragraph. Provided, however, the credit component shall not exceed the
maximum amount specified in the initial credit component certificate. The green refrigerant
component amount so determined shall be allowed for the credit allowance year, but only if (A)
the taxpayer has obtained and filed an initial credit component certificate and an eligibility
certificate issued pursuant to subdivision (c) of this section, and (B) where the credit allowance
year is a year described in subparagraph (B) of paragraph two-a of subdivision (b) of this section,
the air conditioning equipment remains in service. Such credit component amount shall be
allowed also with respect to each of the four taxable years next following during which the air
conditioning equipment remains in service.
(b) Definitions. As used in this section, the following terms shall have the following meanings:
(1) “Allowable costs” means amounts properly chargeable to capital account (other than for
land), which are paid or incurred on or after June first, nineteen hundred ninety-nine, for:
construction or rehabilitation; commissioning costs; interest paid or incurred during the
construction or rehabilitation period; legal, architectural, engineering and other professional fees
allocable to construction or rehabilitation; closing costs for construction, rehabilitation or
mortgage loans; recording taxes and filing fees incurred with respect to construction or
rehabilitation; site costs (such as temporary electric wiring, scaffolding, demolition costs, and
fencing and security facilities); and costs of furniture, carpeting, partitions, walls and wall
coverings, ceilings, drapes, blinds, lighting, plumbing, electrical wiring and ventilation; provided
that such costs shall not include the cost of telephone systems and computers (other than
electrical wiring costs) and shall not include the cost of fuel cells or photovoltaic modules
(including installation) or the cost of new air conditioning equipment using an EPA-approved
non-ozone depleting refrigerant or other EPA-approved refrigerant approved by the
commissioner of environmental conservation (excluding installation).
(2) “Base building” means all areas of a building not intended for occupancy by a tenant or
owner, including but not limited to the structural components of the building, exterior walls,
floors, windows, roofs, foundations, chimneys and stacks, parking areas, mechanical rooms and
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mechanical systems, and owner-controlled and/or operated service spaces, sidewalks, main
lobby, shafts and vertical transportation mechanisms, stairways and corridors.
(2-a) “Credit allowance year” means the later of (A) the taxable year during which the property,
construction, completion or rehabilitation referred to in paragraphs two through seven of
subdivision (a) of this section has been placed in service or has received a final certificate of
occupancy or (B) the first taxable year with respect to which the credit may be claimed pursuant
to the initial credit component certificate issued pursuant to subdivision (c) of this section.
(3) “Commissioning” means the testing and fine-tuning of heat, ventilating and air conditioning
and other systems to assure proper functioning and adherence to design criteria and the
preparation of system operation manuals and instruction of maintenance personnel.
(4) “DEC” means the New York state department of environmental conservation. “DOH” means
the New York state department of health. “EPA” means the United States environmental
protection agency.
(5) “Economic development area” means an area which is designated (A) an empire zone
pursuant to article eighteen-B of the general municipal law or (B) an empowerment zone or
enterprise community pursuant to section 1391 of the Internal Revenue Code.
(6) “Eligible building” means a building located in this state which is:
(A) classified B2, B3, B4, C1, C2, C5, or C6 for purposes of the New York state uniform fire
prevention and building code or similarly classified under any subsequent code; provided that
any such building contains at least twenty thousand square feet of interior space, or
(B) a residential multi-family building with at least twelve dwelling units that contain at least
twenty thousand square feet of interior space, or
(C) one or more residential multi-family buildings with at least two dwelling units that are part of
a single or phased construction project that contains, in the aggregate, at least twenty thousand
square feet of interior space; provided that in any single phase of such project at least ten
thousand square feet of interior space is under construction or rehabilitation, or
(D) any combination of buildings described in subparagraphs (A), (B) and (C) of this paragraph,
and
(E) is not a building located on freshwater wetlands or tidal wetlands the construction of which
requires a permit under section 24-0701 or 25-0403, respectively, of the environmental
conservation law, or on wetlands such that the construction thereof requires a permit pursuant to
section 404 of the federal clean water act (33 U.S.C. § 1344).
(7) “Energy code” means the New York state energy conservation construction code.
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(8) “Fuel cell” means a device that produces electricity directly from hydrogen or hydrocarbon
fuel through a non-combustive electro-chemical process.
(9) “Green base building” means a base building which is part of an eligible building and which
meets the following standards:
(A) Energy and energy efficiency. (i) Energy use is no more than sixty-five percent (in the case
of new construction of a base building) or seventy-five percent (in the case of rehabilitation of a
base building) of the use permitted under the energy code or, in the event such standard is revised
or superseded, energy use shall meet such other energy efficiency standards that DEC, in
consultation with NYSERDA, shall establish in regulations promulgated pursuant to paragraph
one of subdivision (e) of this section, in effect at the time the base building or rehabilitation
thereof is placed in service.
(ii) All appliances and any heating, cooling and water heating equipment used in the base
building and subject to the regulations promulgated by DEC, in consultation with NYSERDA,
pursuant to paragraph one of subdivision (e) of this section, shall meet the standards established
by such regulations in effect at the time the base building or rehabilitation thereof is placed in
service.
(B) Zoning, indoor air quality, building materials, finishes and furnishings. (i) The base building
shall comply with all applicable zoning, land use and erosion control requirements, stormwater
management ordinances, building code requirements and environmental regulations. In the case
of the rehabilitation of an existing building, all existing environmental hazards shall be identified
and managed in accordance with applicable laws, regulations and industry guidelines.
(ii) Buildings classified B2, B3, B4, C1, C2, C5, or C6, for purposes of the New York state
uniform fire prevention and building code, or similarly classified under any subsequent code,
shall meet the following indoor air quality requirements:
(I) ventilation and exchange of indoor/outdoor air shall meet the standards established by
regulations promulgated by DEC, in consultation with DOH and NYSERDA, pursuant to
paragraph two of subdivision (e) of this section;
(II) if smoking is permitted in specific areas of the building, separate air ventilation and
circulation shall be provided for smoking and non-smoking areas;
(III) the ventilation system shall include an air purging system that is capable of replacing one
hundred percent of the air on any floor, on a minimum of two floors at a time. The air shall be
purged for a period of one week on every floor immediately prior to initial occupancy and on any
floor that undergoes renovation immediately prior to re-occupancy; provided that, if a taxpayer
obtains certification from a licensed architect, engineer, certified industrial hygienist, or other
licensed or certified professional whom the commissioner of environmental conservation shall
approve, pursuant to regulations, verifying that off-gassing and any other contamination can be
reduced to comparable levels in less than one week, the period of purging may be shortened. The
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taxpayer shall maintain a copy of such certification in accordance with the provisions of
subdivision (d) of this section.
(C) Building fresh air intake shall be located a minimum of twenty-five feet away from loading
areas, building exhaust fans, cooling towers and other point sources of contamination.
(D) During construction or rehabilitation, the ventilation system components and pathways shall
be protected from contamination in accordance with an indoor air quality management plan for
the construction or rehabilitation process that meets the standards established in regulations
promulgated by DEC, in consultation with DOH and NYSERDA, pursuant to paragraph two of
subdivision (e) of this section. In the event that such areas are not protected from contamination
in accordance with such standards, they shall be cleaned prior to occupancy.
(E) A licensed engineer, certified industrial hygienist, or other licensed or certified professional
whom the commissioner of environmental conservation shall approve, pursuant to regulations,
shall conduct indoor air quality testing with respect to the entire building immediately following
occupancy, if any, and on an annual basis, to monitor supply and return air and ambient air for
carbon monoxide, carbon dioxide, total volatile organic compounds, radon, and particulate
matter. Provided, however, once radon measurements have been found to be satisfactory,
subsequent annual testing is not required. The taxpayer shall record baseline readings
immediately following occupancy, if any, and annually thereafter. In the event that the taxpayer
does not establish that during a taxable year during which any part of the building is occupied,
indoor air quality met the standards established in regulations promulgated by DEC, in
consultation with DOH and NYSERDA, pursuant to paragraph two of subdivision (e) of this
section, the base building shall not constitute a green base building.
(F) The mechanical plant of the building shall be commissioned in accordance with the standards
established in regulations promulgated by DEC, in consultation with NYSERDA, pursuant to
subparagraph (D) of paragraph one of subdivision (e) of this section, which standards shall be
informed by documents such as ASHRAE G-1 and the United States general services
administration “Model Commissioning Plan and Guide Specifications”. For purposes of this
subparagraph the term “ASHRAE” means the American society of heating, refrigerating and air
conditioning engineers.
(G) Separate waste disposal chutes or a carousel compactor system for recyclable materials shall
be provided for the recycling of waste by occupants, or recycling shall be otherwise facilitated
by, at a minimum, providing a readily accessible designated collection area or areas with
sufficient space to store recyclable materials separately between collection dates.
(H) All plumbing fixtures in the public areas of the building shall meet the plumbing fixture
requirements of the energy policy act of 1992 or any successor provision in effect at the time the
building or rehabilitation is placed in service.
(I) Prior to initial occupancy and upon request, the owner of the building shall provide each
tenant with (1) written notification of the opportunity to apply for a tax credit pursuant to this
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section and (2) written guidelines regarding opportunities to improve the energy efficiency and
air quality of tenant space and to reduce and recycle waste streams.
(J) All building materials, finishes and furnishings used in the base building and subject to the
regulations promulgated by DEC, in consultation with NYSERDA, pursuant to subparagraph (A)
of paragraph three of subdivision (e) of this section, shall meet the standards established by such
regulations in effect at the time the building or rehabilitation is placed in service; provided
further that with respect to furnishings, this requirement shall apply only to newly purchased
items.
(K) All tenant space in the building occupied by the owner must be green tenant space.
(10) “Green building” means a building wherein the base building is a green base building and
all tenant space is green tenant space.
(11) “Green tenant space” means tenant space in a building if such building is an eligible
building and if such tenant space complies with the following requirements:
(A) Energy and energy efficiency. (i) Energy use for tenant space is no more than sixty-five
percent (in the case of new construction) or seventy-five percent (in the case of rehabilitation) of
the use permitted under the energy code or, in the event such standard is revised or superseded,
energy use shall meet such other energy efficiency standards that DEC, in consultation with
NYSERDA, shall establish in regulations promulgated pursuant to paragraph one of subdivision
(e) of this section, in effect at the time the improvements with respect to which a tax credit is
claimed are placed in service.
(ii) All appliances and any heating, cooling and water heating equipment used in the tenant space
and subject to the regulations promulgated by DEC, in consultation with NYSERDA, pursuant to
paragraph one of subdivision (e) of this section shall meet the standards established by such
regulations or, in the event that such standards are revised, the standards in effect at the time the
improvements with respect to which a tax credit is claimed are placed in service.
(B) Code requirements, indoor air quality, building materials, finishes and furnishings. (i) The
tenant space shall comply with all applicable building code requirements and environmental
regulations and, with respect to projects other than new construction, all existing environmental
hazards shall be identified and managed in accordance with applicable laws, regulations and
industry guidelines.
(ii) In the case of buildings classified B2, B3, B4, C1, C2, C5, or C6, for purposes of the New
York state uniform fire prevention and building code, or similarly classified under any
subsequent code, ventilation and exchange of indoor/outdoor air shall meet the standards
established in regulations promulgated by DEC, in consultation with DOH and NYSERDA,
pursuant to paragraph two of subdivision (e) of this section.
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(iii) For buildings in which smoking is permitted, the taxpayer shall ensure that, if smoking is
permitted in the tenant space, it is permitted only in areas in which the air ventilation and
circulation is separate from that for non-smoking areas.
(iv) During construction or rehabilitation, the ventilation system components and pathways shall
be protected from contamination in accordance with an indoor air quality management plan for
the construction or rehabilitation process that meets the standards established in regulations
promulgated by DEC, in consultation with DOH and NYSERDA, pursuant to paragraph two of
subdivision (e) of this section. In the event that such areas are not protected from contamination
in accordance with such standards, they shall be cleaned prior to occupancy.
(v) A licensed engineer, certified industrial hygienist, or other licensed or certified professional
whom the commissioner of environmental conservation shall approve, pursuant to regulations,
shall conduct indoor air quality testing with respect to the tenant space immediately following
occupancy, if any, and on an annual basis, to monitor supply and return air and ambient air for
carbon monoxide, carbon dioxide, total volatile organic compounds, radon, and particulate
matter. Provided, however, once radon measurements have been found to be satisfactory,
subsequent annual testing is not required. The taxpayer shall record baseline readings
immediately following occupancy, if any, and annually thereafter. In the event that the taxpayer
does not establish that during a taxable year during which the tenant space is occupied, indoor air
quality met the standards established in regulations promulgated by DEC, in consultation with
DOH and NYSERDA, pursuant to paragraph two of subdivision (e) of this section, the tenant
space shall not constitute green tenant space.
(vi) All plumbing fixtures in the tenant space shall meet the plumbing fixture requirements of the
energy policy act of 1992 or successor provision in effect at the time the improvements with
respect to which a tax credit is claimed are placed in service.
(vii) All building materials, finishes and furnishings selected for use in the tenant space and
subject to the regulations promulgated by DEC, in consultation with NYSERDA, pursuant to
subparagraph (A) of paragraph three of subdivision (e) of this section, shall meet the standards
established by such regulations or, in the event that such standards are revised, the standards in
effect at the time the improvements with respect to which a tax credit is claimed are placed in
service, provided that, with respect to furnishings, this requirement shall apply only to newly
purchased items.
(12) “Incremental cost of building-integrated photovoltaic modules” means:
(A) the cost of building-integrated photovoltaic modules and any associated inverter, additional
wiring or other electrical equipment or additional mounting or structural materials, less the cost
of spandrel glass or other building material that would have been used in the event that buildingintegrated photovoltaic modules were not installed,
(B) incremental labor costs properly allocable to on-site preparation, assembly and original
installation of photovoltaic modules, and
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(C) incremental architectural and engineering services and designs and plans directly related to
the construction or installation of photovoltaic modules.
(13) “NYSERDA” means the New York state energy research and development authority.
(14) “Qualifying alternate energy sources” means building-integrated and non-buildingintegrated photovoltaic modules and fuel cells installed to serve the base building or tenant space
which have the capability to monitor their AC output, and which are validated upon installation,
and annually thereafter, to ensure that such systems meet their design specifications.
(15) “Tenant improvements” means improvements which are necessary or appropriate to support
or conduct the business of a tenant or occupying owner.
(16) “Tenant space” means the portion of a building intended for occupancy by a tenant or
occupying owner.
(c) Certifications. (1) Initial credit component certificate. Upon application by a taxpayer, DEC
shall issue an initial credit component certificate where the taxpayer has made a showing that the
taxpayer is likely within a reasonable time to place in service property which would warrant the
allowance of a credit under this section. Such certificate shall state the first taxable year for
which the credit may be claimed and an expiration date, and shall apply only to property placed
in service by such expiration date. Such expiration date may be extended at the discretion of
DEC, in order to avoid unwarranted hardship. Such certificates shall state the maximum amount
of credit component allowable for each of the five taxable years for which the credit component
is allowed, under paragraphs two through seven of subdivision (a) of this section.
(a) Period one. Initial credit component certificates for period one may be issued in years 20002004. Such certificates for period one shall not be issued, in the aggregate, for more than twentyfive million dollars worth of credit components. In addition, such certificates for period one shall
be limited in their applicability, as follows:
Credit components in the aggregate shall not be With respect to taxable years beginning
allowed for more than:
in:
$ 1 million
2001
$ 2 million
2002
$ 3 million
2003
$ 4 million
2004
$ 5 million
2005
$ 4 million
2006
$ 3 million
2007
$ 2 million
2008
$ 1 million
2009
Provided, however, that if as of the end of a calendar year, certificates for credit component
amounts totalling less than the amount permitted with respect to taxable years commencing in
12096859.2
such calendar year have been issued, then the amount permitted with respect to taxable years
commencing in the subsequent calendar year shall be augmented by the amount of such shortfall.
(b) Period two. Initial credit component certificates for period two may be issued in years 20052009. Such certificates for period two shall not be issued, in the aggregate, for more than twentyfive million dollars worth of credit components. The total amount of credit component allowable
for the five taxable years for which the credit components are allowed, as set forth on any one
initial credit component certificate, shall be limited to two million dollars. However, a taxpayer
that is the owner or tenant of more than one building that qualifies for the credits provided for
under this section may be issued initial credit component certificates with respect to each such
building with the aggregate amount of credit components permitted for each such certificate
being two million dollars. Provided further, a taxpayer that is the owner or tenant of a building
for which an initial credit component certificate was issued for period one, shall not be issued an
initial credit component certificate with respect to such building for period two. In addition, such
certificates for period two shall be limited in their applicability, as follows:
Credit components in the aggregate
shall not be allowed for more than:
With respect to taxable
years beginning in:
$ 1 million
2006
$ 2 million
2007
$ 3 million
2008
$ 4 million
2009
$ 5 million
2010
$ 4 million
2011
$ 3 million
2012
$ 2 million
2013
$ 1 million
2014
Provided, however, that if as of the end of a calendar year, certificates for credit component
amounts totaling less than the amount permitted with respect to taxable years commencing in
such calendar year have been issued, then the amount permitted with respect to taxable years
commencing in the subsequent calendar year shall be augmented by the amount of such shortfall.
Provided, further, that if at the end of calendar year two thousand nine, certificates for credit
component amounts issued by the DEC have totaled less than twenty-five million dollars for
calendar years 2005-2009, then the period to issue initial credit component certificates shall be
extended to the end of calendar year two thousand ten and the DEC shall be permitted to issue in
two thousand ten initial credit component certificates for amounts that equal the difference
between the amounts issued for calendar years 2005-2009 and twenty-five million dollars.
(c) For purposes of either period one or two, if a taxpayer who is issued an initial credit
component certificate is unable to claim as a credit any amount of credit component (i) such
amount of unclaimed credit component may be allocated to another taxpayer that has already
been issued an initial credit component certificate with such certificate being reissued to reflect
the amount so allocated, provided that such other taxpayer applied for and would have qualified
for such additional amount, and with respect to period two the initial credit component certificate
12096859.2
of such other taxpayer as augmented does not exceed the two million dollar limit, or as an
alternative (ii) the DEC may issue to other applicants new initial credit component certificates
which include such amounts of unclaimed credit components. If a taxpayer is unable to claim all
or a portion of the amount of credit components after the close of the last calendar year for which
initial credit component certificates may be issued, the DEC shall have twelve months to accept
applications for and issue initial credit component certificates for such amount of unclaimed
credit components.
(2) Eligibility certificate. For each taxable year for which a taxpayer claims a credit under this
section with respect to a green building, green base building or green tenant space, a fuel cell, or
photovoltaic modules, or air conditioning equipment using an EPA-approved non-ozone
depleting refrigerant or other EPA-approved refrigerant approved by the commissioner of
environmental conservation, the taxpayer shall obtain from an architect or professional engineer
licensed to practice in this state an eligibility certificate. Such certificate shall consist of a
certification, under the seal of such architect or engineer, that the building, base building or
tenant space with respect to which the credit is claimed is a green building, green base building
or green tenant space, respectively, that the fuel cell or photovoltaic modules constitute
qualifying alternate energy sources and that the air conditioning equipment uses an EPAapproved non-ozone depleting refrigerant or other EPA-approved refrigerant approved by the
commissioner of environmental conservation and remains in service. Such certification shall be
made in accordance with the standards and guidelines in effect at the time the property which is
the basis for the credit was placed in service. Such certification shall set forth the specific
findings upon which the certification was based. The taxpayer shall file such certificate, and the
associated initial credit component certificate, with the claim for credit and shall file duplicate
copies with DEC. Such certificate shall include sufficient information to identify each building
or space, and such other information as DEC and the commissioner shall prescribe.
(3) Wrongful certification. If DEC has reason to believe that an architect or professional
engineer, in making any certification under this subdivision, engaged in professional misconduct,
then DEC shall so inform the education department.
(d) Other requirements; miscellaneous. (1) Record keeping. Each taxpayer shall, for any taxable
year for which the green building credit provided for under this section is claimed, maintain
records of the following information:
(A) annual energy consumption for building, base building or tenant space;
(B) annual results of air monitoring;
(C) annual confirmation that the building, base building or tenant space continues to meet
requirements regarding smoking areas, if provided;
(D) tenant guidelines referred to in subparagraph (I) of paragraph nine of subdivision (b) of this
section, if applicable;
(E) all written notification of tenants and requests to remedy any indoor air quality problems;
12096859.2
(F) initial and annual (by month) results of validation of performance of photovoltaic modules
and fuel cells; and
(G) certifications as to off-gassing and other contamination, as prescribed in subclause (III) of
clause (ii) of subparagraph (B) of paragraph nine of subdivision (b) of this section, where
applicable.
(2) Reporting to DEC. Each taxpayer shall also provide to DEC the information described in
paragraph one of this subdivision, in the form and at the time prescribed by DEC, such time to be
determined in consultation with the commissioner. Such information shall be provided to DEC
with respect to each taxable year with respect to which the taxpayer claims a credit under this
section.
(3) Regulations. The commissioner, the commissioner of environmental conservation and the
commissioner of education are hereby authorized to promulgate and adopt regulations necessary
to the implementation of this section. Such regulations shall construe the provisions of this
section in such a manner as to encourage the development of green buildings, green base
buildings and green tenant space and to maintain high but commercially reasonable standards for
obtaining tax credits hereunder. Such regulations shall establish a reasonable time or period of
time for submission of applications, and shall establish a method for allocating initial credit
component certificates among eligible applicants. Regulations, standards or requirements
adopted pursuant to this section shall apply only to a “green base building” as defined in
paragraph nine of subdivision (b) of this section, a “green building” as defined in paragraph ten
of subdivision (b) or “green tenant space” as defined in paragraph eleven of subdivision (b) of
this section.
(4) Report. For period one, on or before April first, two thousand eleven, the commissioner and
the commissioner of DEC, jointly and in consultation with NYSERDA, shall submit a written
report regarding the number of certifications and taxpayers claiming the credit provided for
under this section; the amount of the credits claimed, the geographical distribution of the credits
claimed; and any other such available information DEC may deem meaningful and appropriate.
A preliminary version of such report for period one shall be so issued by April first, two thousand
five. For period two, on or before April first, two thousand sixteen the commissioner and the
commissioner of DEC, jointly and in consultation with NYSERDA, shall submit a written report
regarding the number of certificates and taxpayers claiming the credit provided for under this
section; the amount of the credits claimed, the geographical distribution of the credits claimed;
and any other such available information DEC may deem meaningful and appropriate. A
preliminary version of such report for period two shall be issued by April first, two thousand ten.
The commissioner and the commissioner of DEC shall ensure that the information is presented
and/or classified in a manner consistent with the secrecy requirements of this chapter. DEC shall
also make recommendations regarding the establishment of a permanent green building tax credit
program. Recommendations may include methods to enhance the effectiveness, simplicity or
other aspects of the program. The report shall be submitted to the governor, the temporary
president of the senate, the speaker of the assembly, the chairman of the senate finance
committee and the chairman of the assembly ways and means committee.
12096859.2
(e) Standards and regulations. (1) Energy standards: base buildings. Within six months of the
effective date of this section, DEC, in consultation with NYSERDA, shall promulgate the
following, with respect to base buildings:
(A) regulations establishing standards for energy use for eligible buildings. DEC, in consultation
with NYSERDA shall review and update such regulations if deemed necessary at least every two
years from the date on which such regulations are promulgated.
(B) regulations establishing standards for appliances and heating, cooling and water heating
equipment that, on the effective date of this section, are covered by specifications from
organizations such as the United States department of energy or environmental protection
agency. The development of such regulations shall be informed by such specifications. DEC, in
consultation with NYSERDA shall review and update such regulations if deemed necessary at
least every two years from the date on which such regulations are promulgated.
(C) regulations indicating the methodology by which a taxpayer shall demonstrate compliance
with subparagraph (A) of paragraph nine of subdivision (b) of this section. Such regulations shall
include, at a minimum, a requirement to conduct hourly computer modeling for one full year.
(D) regulations establishing standards for the commissioning of buildings.
(2) Indoor air standards: base buildings. Within six months of the effective date of this section,
DEC, in consultation with DOH and NYSERDA, shall promulgate regulations establishing
standards, with respect to base buildings, for (A) ventilation and exchange of indoor/outdoor air,
(B) indoor air quality management plans for the construction or rehabilitation process, and (C)
indoor air quality with respect to levels of carbon monoxide, carbon dioxide and total volatile
organic compounds, radon and particulate matter.
(3) Standards for materials, water conservation, drainage: base buildings. Within one year of the
effective date of this section, DEC, in consultation with NYSERDA, shall promulgate the
following, with regard to base buildings:
(A) regulations establishing standards for building materials, finishes and furnishings regarding
minimum percentages of recycled content and renewable source material and maximum levels of
toxicity and volatile organic compounds and any other standards that the DEC deems
appropriate. Standards shall be developed for building materials, finishes and furnishings,
including but not limited to concrete and concrete masonry units; wood and wood products;
millwork substrates; insulation; ceramic, ceramic/glass and cementitious tiles; ceiling tiles and
panels; flooring and carpet; paints, coatings, sealants and adhesives; and furniture. The
development of such standards shall be informed by the LEED rating system. The DEC shall
review and update such regulations if deemed necessary at least every two years from the date on
which such regulations are promulgated. For purposes of this clause, “LEED rating system”
means the leadership in energy and environmental design green building rating system criteria
being developed by the United States green building council.
12096859.2
(B) regulations establishing standards for buildings located in areas where water use is not
metered, which regulations shall require, at a minimum, that the building include one of the
following features:
(i) a gray water system that recovers non-sewage waste water or uses roof or ground storm water
collection systems, or recovers ground water from sump pumps;
(ii) for buildings with a cooling tower system, such system shall be designed with delimiters to
reduce drift and evaporation; or
(iii) for buildings with exterior plants, all such plants shall be tolerant of climate, soils and
natural water availability and shall not receive watering from municipal potable water after a
period of establishment is complete.
(C) regulations establishing standards for buildings located in areas that do not have sewers or
that have designated storm sewers, which regulations shall require, at a minimum, that the
building shall include one of the following features:
(i) an oil grit separator or water quality pond for pretreatment of runoff from any surface parking
areas; or
(ii) at least fifty percent of nonlandscaped areas (including roadways, surface parking, plazas and
pathways), if any, shall be comprised of pervious paving materials.
(D) regulations indicating the methodology by which taxpayers shall demonstrate compliance
with subparagraphs (B) and (C) of paragraph nine of subdivision (b) of this section.
(4) Energy standards: tenant space. Within six months of the effective date of this section, DEC,
in consultation with NYSERDA, shall promulgate regulations, with respect to tenant space,
indicating the methodology by which taxpayers shall demonstrate compliance with subparagraph
(A) of paragraph eleven of subdivision (b) of this section.
(5) Standards for indoor air quality, building materials, finishes and furnishings: tenant space.
Within one year of the effective date of this section, DEC, in consultation with DOH and
NYSERDA, shall promulgate regulations, with respect to tenant space, indicating the
methodology by which taxpayers shall demonstrate compliance with subparagraph (B) of
paragraph eleven of subdivision (b) of this section.
(f) [Eff. until Jan. 2015. See, also, subd. (f) below.] Cross-references. For application of the
credit provided for in this section, see the following provisions of this chapter:
(1) Article nine: Section one hundred eighty-seven-d;
(2) Article nine-A: Subdivision thirty-one of section two hundred ten;
(3) Article twenty-two: Subsections (i) and (y) of section six hundred six;
12096859.2
(4) Article thirty-two: Subsection (m) of section fourteen hundred fifty-six;
(5) Article thirty-three: Subdivision (o) of section fifteen hundred eleven.
(f) [Eff. Jan. 1, 2015. See, also, subd. (f) above.] Cross-references. For application of the credit
provided for in this section, see the following provisions of this chapter:
(1) Article nine: Section one hundred eighty-seven-d;
(2) Article nine-A: Subdivision sixteen of section two hundred ten-B;
(3) Article twenty-two: Subsections (i) and (y) of section six hundred six;
(4) Article thirty-three: Subdivision (o) of section fifteen hundred eleven.
TAX - Tax
Article 9 - CORPORATION TAX
§ 187-d. Green building credit.
1. [Eff. until Jan. 1, 2018. See, also, subd. 1, below.] Allowance of credit. A taxpayer shall be
allowed a credit, to be computed as provided in section nineteen of this chapter, against the taxes
imposed by sections one hundred eighty-three, one hundred eighty-four, one hundred eighty-five
and one hundred eighty-six of this article. Provided, however, that the amount of such credit
allowable against the tax imposed by section one hundred eighty-four of this article shall be the
excess of the amount of such credit over the amount of any credit allowed by this section against
the tax imposed by section one hundred eighty-three of this article.
1. [Eff. Jan. 1, 2018. See, also, subd. 1, above.] Allowance of credit. A taxpayer shall be allowed
a credit, to be computed as provided in section nineteen of this chapter, against the taxes imposed
by sections one hundred eighty-three, one hundred eighty-four and former section one hundred
eighty-six of this article. Provided, however, that the amount of such credit allowable against the
tax imposed by section one hundred eighty-four of this article shall be the excess of the amount
of such credit over the amount of any credit allowed by this section against the tax imposed by
section one hundred eighty-three of this article.
2. [Eff. until Jan. 1, 2018. See, also, subd. 2, below.] Carryovers. In no event shall the credit
under this section be allowed in an amount which will reduce the tax payable to less than the
applicable minimum tax fixed by section one hundred eighty-three, one hundred eighty-five or
one hundred eighty-six of this article. If, however, the amount of credit allowable under this
section for any taxable year reduces the tax to such amount, any amount of credit not deductible
in such taxable year may be carried over to the following year or years and may be deducted
from the taxpayer's tax for such year or years.
2. [Eff. Jan. 1, 2018. See, also, subd. 2, above.] Carryovers. In no event shall the credit under this
section be allowed in an amount which will reduce the tax payable to less than the applicable
minimum tax fixed by section one hundred eighty-three or former section one hundred eighty-six
of this article. If, however, the amount of credit allowable under this section for any taxable year
reduces the tax to such amount, any amount of credit not deductible in such taxable year may be
12096859.2
carried over to the following year or years and may be deducted from the taxpayer's tax for such
year or years.
Public Buildings Law
Chapter 44. Of the Consolidated Laws
Article 4-C. State Green Building Construction Act
§ 83. Agency green building construction requirements
1. The construction of new buildings and the substantial renovation of existing buildings shall
comply with such green construction requirements and procedures as shall have been established
by the office in regulations pursuant to subdivision two of this section.
2. The office, in consultation with the authority, the department of environmental conservation,
the department of health, the dormitory authority of the state of New York, the department of
state, the department of education, the office of parks, recreation and historic preservation, and
any other agency as determined by the office that may be affected by this article, shall
promulgate rules and regulations establishing construction requirements and procedures
necessary to implement this article, including the exceptions described in section eighty-two of
this article. In establishing such requirements and procedures, the office may consult green
construction requirements and procedures established or adopted by other agencies, and by
private organizations, including but not limited to the United States green building council under
its leadership in energy and environmental design programs, the green building initiative's green
globes rating system, and the American National Standards Institute.
3. For purposes of monitoring compliance with this article and this article's effectiveness, each
agency shall prepare by June thirtieth of each year an annual building performance report in such
form and containing such information as the office may require, which may relate to such
matters as energy consumption, waste reduction, indoor air quality, water reductions and
maintenance procedures and processes. Such report shall be available to the office upon request.
Real Property Tax Law
Chapter 50-A. Of the Consolidated Laws
Article 4. Exemptions
Title 2. Private Property
§ 470. Exemption for improvements to real property meeting certification standards for
green buildings
1. Construction of improvements to real property initiated on or after the first day of January,
two thousand thirteen, meeting LEED certification standards for green buildings as provided in
this section, the green building initiative's green globes rating system, the American National
Standards Institute, or substantially equivalent standards for certification using a similar program
for green buildings as determined by the municipal corporation, shall be exempt from taxation by
any municipal corporation in which such property is located to the extent provided in this
section, provided the governing board of such municipal corporation, after conducting a public
hearing, adopts a local law, ordinance or resolution providing therefor.
12096859.2
2. Such real property, or portion thereof, which is certified under a LEED certification standard
for the categories of certified, silver, gold or platinum as meeting green building standards, as
determined by a LEED accredited professional shall be exempt as provided below for the
respective percentages provided that a municipal corporation may establish a maximum
exemption amount in its local law, ordinance or resolution, and provided further, a copy of the
LEED certification for a qualified category is filed with the assessor's office and is approved by
the assessor as meeting the requirements of this section and the municipal corporation's local
law, ordinance or resolution. Such exemption shall be to the extent of any increase in assessed
value resulting from the construction or reconstruction of a property meeting LEED
certification.
LEED EXEMPTION
YEAR
1
2
3
4
5
6
7
8
9
10
CERTIFIED/SILVER
100%
100%
100%
80%
60%
40%
20%
0%
0%
0%
GOLD
100%
100%
100%
100%
80%
60%
40%
20%
0%
0%
PLATINUM
100%
100%
100%
100%
100%
100%
80%
60%
40%
20%
3. No such exemption shall be granted unless: (a) such construction of improvements was
commenced on or after the first day of January, two thousand thirteen, or such later date as may
be specified by local law; (b) the value of such construction exceeds the sum of ten thousand
dollars; and (c) such construction is documented by a building permit, if required, for the
improvements, or other appropriate documentation as required by the assessor. For purposes of
this section the term “construction of improvements” shall not include ordinary maintenance and
repairs.
4. If the assessor is satisfied that the applicant is entitled to an exemption pursuant to this section,
he or she shall approve the application and such real property shall thereafter be exempt from
taxation by the municipal corporation as provided in this section commencing with the
assessment roll prepared after the taxable status date. The assessed value of any exemption
granted pursuant to this section shall be entered by the assessor on the assessment roll with the
taxable property, with the amount of the exemption shown in a separate column.
Executive Order 111
Directing State Agencies To Be More Energy Efficient And Environmentally Aware
"Green And Clean State Buildings And Vehicles"
12096859.2
WHEREAS, New York is dedicated to the mutually compatible goals of environmental
protection and economic growth;
WHEREAS, New York has adopted measures designed to allow energy markets to
operate more competitively and has significantly reduced taxes in order to reduce energy costs
and encourage continued economic growth;
WHEREAS, the generation and use of energy has a significant impact on the
environment, contributing to emissions of sulfur dioxide, nitrogen oxides, greenhouse gases, and
other pollutants;
WHEREAS, State government is a major consumer of energy, spending approximately
$300 million per year and purchasing approximately 1500 new vehicles annually with a
concomitant impact on the environment; and
WHEREAS, it is appropriate that State government assume a leadership role in
promoting the efficient use of energy and natural resources in the interest of the long-term
protection and enhancement of our environment, our economy, and the health of our children and
future generations of New Yorkers.
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by
virtue of the authority vested in me by the Constitution and Laws of the State of New York, do
hereby order as follows:
I
New Energy Efficiency Goals.
All agencies and departments over which the Governor has Executive authority, and all
public benefit corporations and public authorities the heads of which are appointed by the
Governor (hereinafter referred to as "State agencies and other affected entities"), shall seek to
achieve a reduction in energy consumption by all buildings they own, lease or operate of 35
percent by 2010 relative to 1990 levels. All state agencies and other affected entities shall
establish agency wide reduction targets and associated schedules to reach this goal and shall also
be responsible for establishing peak electric demand reduction targets for each state facility by
2005 and 2010. No buildings will be exempt from these goals except pursuant to criteria to be
developed by the New York State Energy Research and Development Authority ("NYSERDA"),
in consultation with the Division of the Budget ("DOB"), the Office of General Services
("OGS") and the Advisory Council on State Energy Efficiency ("Advisory Council") as
established herein.
II
State Buildings Energy Efficiency Practices.
A.
Existing Buildings.
Effective immediately, State agencies and other affected entities shall implement energy
efficiency practices with respect to the operation and maintenance of all buildings that they own,
lease or operate.
12096859.2
Such practices may include, but shall not be limited to:
(1)
shutting off office equipment when it is not being used;
(2)
adjusting the setting of space temperatures;
(3)
turning off lighting in unoccupied areas;
(4)
inspecting and re-commissioning or re-tuning heating, air conditioning and
ventilation equipment to ensure optimal performance; and
(5)
cycling and restarting equipment on a staggered basis to shed electricity loads and
minimize peak electricity demand usage. State agencies and other affected entities
shall strive to meet the ENERGY STAR building criteria for energy performance
and indoor environmental quality in their existing buildings to the maximum
extent practicable.
Within 180 days of the date of this Executive Order, NYSERDA shall develop guidelines
to help agencies and other affected entities implement energy efficiency practices in their
buildings.
B.
New Buildings and Substantial Renovation of Existing Buildings.
In the design, construction, operation and maintenance of new buildings, State agencies
and other affected entities shall, to the maximum extent practicable, follow guidelines for the
construction of "Green Buildings," including guidelines set forth in Tax Law § 19, which created
the Green Buildings Tax Credit, and the U.S. Green Buildings Council's LEED rating system.
Effective immediately, State agencies and other affected entities engaged in the construction of
new buildings shall achieve at least a 20 percent improvement in energy efficiency performance
relative to levels required by the State's Energy Conservation Construction Code, as amended.
For substantial renovation of existing buildings, State agencies and other affected entities shall
achieve at least a ten percent improvement. State agencies and other affected entities shall
incorporate energy-efficient criteria consistent with ENERGY STAR and any other energy
efficiency levels as may be designated by NYSERDA into all specifications developed for a new
construction and renovation.
III
Procurement of Energy-Efficient Products.
Effective immediately, State agencies and other affected entities shall select ENERGY
STAR energy-efficient products when acquiring new energy-using products or replacing existing
equipment. NYSERDA shall adopt guidelines designating target energy efficiency levels for
those products for which ENERGY STAR labels are not yet available.
IV
Purchase of Power from Renewable Sources.
12096859.2
State agencies and other affected entities with responsibility for purchasing energy shall
increase their purchase of energy generated from the following technologies: wind, solar thermal,
photovoltaics, sustainably managed biomass, tidal, geothermal, methane waste and fuel cells.
State agencies and other affected entities shall seek to purchase sufficient quantities of energy
from these technologies so that 10 percent of the overall annual electric energy requirements of
buildings owned, leased or operated by State agencies and other affected entities will be met
through these technologies by 2005, increasing to 20 percent by 2010. No agency or affected
entity will be exempt from these goals except pursuant to criteria to be developed by
NYSERDA, in consultation with DOB, OGS and the Advisory Council.
V
Procurement of Clean Fuel Vehicles.
State agencies and other affected entities shall procure increasing percentages of
alternative-fuel vehicles, including hybrid-electric vehicles, as part of their annual vehicle
acquisition plans. By 2005, at least 50 percent of new light-duty vehicles acquired by each
agency and affected entity shall be alternative-fueled vehicles, and by 2010, 100 percent of all
new light-duty vehicles shall be alternative-fueled vehicles, with the exception of specialty,
police or emergency vehicles as designated by DOB. State agencies and other affected entities
that operate medium- and heavy duty vehicles shall implement strategies to reduce petroleum
consumption and emissions by using alternative fuels and improving vehicle fleet fuel efficiency.
VI
Role of NYSERDA and Creation of the Advisory Council on State Energy Efficiency.
NYSERDA shall coordinate implementation of this Executive Order and shall assist each
agency and affected entity in the fulfillment of the responsibilities imposed herein in a costeffective manner. To assist NYSERDA in fulfilling the requirements imposed by this Executive
Order, there is hereby established an Advisory Council on State Energy Efficiency consisting of
the following members, who shall serve ex officio:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
the President of NYSERDA;
the Director of the Division of the Budget;
the Commissioners of OGS,
the Department of Environmental Conservation,
the Department of Correctional Services,
the Office of Mental Health and
the Department of Transportation;
the Chairman of the Public Service Commission;
the Chancellor of the State University of New York;
the Secretary of State;
the Chairman of the New York Power Authority;
the Chairman of the Metropolitan Transportation Authority;
the Executive Director of the Dormitory Authority;
and the President of the Long Island Power Authority.
The President of NYSERDA shall serve as the chair of the Advisory Council. The
members of the Advisory Council may designate one or more persons to act as their designee(s).
12096859.2
The Advisory Council shall meet regularly, but no less than twice a year, for the purpose of
advising NYSERDA as to how it can best assist state agencies and other affected entities in
achieving the goals of this Executive Order with the greatest degree of cooperative effort and
effectiveness. Members of the Advisory Council shall receive no compensation but shall be
entitled to reimbursement for any necessary expenses incurred in connection with the
performance of their responsibilities.
VII
Assistance and Cooperation.
Every agency and department over which the Governor has executive authority, and all
public benefits corporations and public authorities the heads of which are appointed by the
Governor, shall provide all reasonable assistance and cooperation requested by NYSERDA and
the Advisory Council for the purpose of carrying out this order. Such assistance may include the
assignment of staff and the provision of support services.
VIII
Participation of other governmental entities.
Local governments and school districts that are not subject to the requirements of this
Executive Order are encouraged to review their energy efficiency practices and procedures, to
institute appropriate operational and maintenance modifications, and to accelerate the
implementation of energy efficiency projects. NYSERDA, OGS, the New York Power Authority
and the Long Island Power Authority are hereby directed to offer any assistance as may be
appropriate to assist local governments and school districts to achieve the goals of this Executive
Order, including, but not limited to, assistance with procurement.
IX
Repeal of Prior Executive Order.
Executive Order No. 132, promulgated on January 2, 1990, and continued unamended
and unmodified, is hereby revoked and superseded by this Executive Order as of the date hereof.
Signed: George E. Pataki
Dated: June 10, 2001
12096859.2
North Carolina (back to top)
§ 153A‑340. Grant of power.
(a)
For the purpose of promoting health, safety, morals, or the general welfare, a
county may adopt zoning and development regulation ordinances. These
ordinances may be adopted as part of a unified development ordinance or as a
separate ordinance. A zoning ordinance may regulate and restrict the height,
number of stories and size of buildings and other structures, the percentage of lots
that may be occupied, the size of yards, courts and other open spaces, the density
of population, and the location and use of buildings, structures, and land for trade,
industry, residence, or other purposes. The ordinance may provide density credits
or severable development rights for dedicated rights-of-way pursuant to G.S. 13666.10 or G.S. 136-66.11.
(b)
(1)
These regulations may affect property used for bona fide farm purposes
only as provided in subdivision (3) of this subsection. This subsection
does not limit regulation under this Part with respect to the use of farm
property for nonfarm purposes..
(2)
Except as provided in G.S. 106-743.4 for farms that are subject to a
conservation agreement under G.S. 106-743.2, bona fide farm purposes
include the production and activities relating or incidental to the
production of crops, grains, fruits, vegetables, ornamental and flowering
plants, dairy, livestock, poultry, and all other forms of agriculture, as
defined in G.S. 106-581.1. For purposes of this subdivision, “when
performed on the farm” in G.S. 106-581.1(6) shall include the farm within
the jurisdiction of the county and any other farm owned or leased to or
from others by the bona fide farm operator, no matter where located. For
purposes of this subdivision, the production of a nonfarm product that the
Department of Agriculture and Consumer Services recognizes as a
“Goodness Grows in North Carolina” product that is produced on a farm
subject to a conservation agreement under G.S. 106-743.2 is a bona fide
farm purpose. For purposes of determining whether a property is being
used for bona fide farm purposes, any of the following shall constitute
sufficient evidence that the property is being used for bona fide farm
purposes:
12096859.2
a.
A farm sales tax exemption certificate issued by the Department of
Revenue.
b.
A copy of the property tax listing showing that the property is
eligible for participation in the present use value program pursuant
to G.S. 105-277.3.
(3).
c.
A copy of the farm owner's or operator's Schedule F from the
owner's or operator's most recent federal income tax return.
d.
A forest management plan.
The definitions set out in G.S. 106-802 apply to this subdivision. A county
may adopt zoning regulations governing swine farms served by animal
waste management systems having a design capacity of 600,000 pounds
steady state live weight (SSLW) or greater provided that the zoning
regulations may not have the effect of excluding swine farms served by an
animal waste management system having a design capacity of 600,000
pounds SSLW or greater from the entire zoning jurisdiction.
(c)
The regulations may provide that a board of adjustment may determine and vary
their application in harmony with their general purpose and intent and in
accordance with general or specific rules therein contained, provided no change in
permitted uses may be authorized by variance.
(c1)
The regulations may also provide that the board of adjustment, the planning
board, or the board of commissioners may issue special use permits or conditional
use permits in the classes of cases or situations and in accordance with the
principles, conditions, safeguards, and procedures specified therein and may
impose reasonable and appropriate conditions and safeguards upon these permits.
Where appropriate, the conditions may include requirements that street and utility
rights-of-way be dedicated to the public and that recreational space be provided.
When deciding special use permits or conditional use permits, the board of county
commissioners or planning board shall follow quasi-judicial procedures. Notice of
hearings on special or conditional use permit applications shall be as provided in
G.S. 160A-388(a2). No vote greater than a majority vote shall be required for the
board of county commissioners or planning board to issue such permits. For the
purposes of this section, vacant positions on the board and members who are
disqualified from voting on a quasi-judicial matter shall not be considered
“members of the board” for calculation of the requisite majority. Every such
decision of the board of county commissioners or planning board shall be subject
to review of the superior court in the nature of certiorari consistent with G.S.
160A-388.
(d)
A county may regulate the development over estuarine waters and over lands
covered by navigable waters owned by the State pursuant to G.S. 146‑12, within
the bounds of that county.
(e)
For the purpose of this section, the term "structures" shall include floating homes.
(f)
Repealed by Session Laws 2005‑426, s. 5(b), effective January 1, 2006.
12096859.2
(g)
A member of the board of county commissioners shall not vote on any zoning
map or text amendment where the outcome of the matter being considered is
reasonably likely to have a direct, substantial, and readily identifiable financial
impact on the member. Members of appointed boards providing advice to the
board of county commissioners shall not vote on recommendations regarding any
zoning map or text amendment where the outcome of the matter being considered
is reasonably likely to have a direct, substantial, and readily identifiable financial
impact on the member.
(h)
As provided in this subsection, counties may adopt temporary moratoria on any
county development approval required by law. county development approval
required by law,1 except for the purpose of developing and adopting new or
amended plans or ordinances as to residential uses. The duration of any
moratorium shall be reasonable in light of the specific conditions that warrant
imposition of the moratorium and may not exceed the period of time necessary to
correct, modify, or resolve such conditions. Except in cases of imminent and
substantial threat to public health or safety, before adopting an ordinance
imposing a development moratorium with a duration of 60 days or any shorter
period, the board of commissioners shall hold a public hearing and shall publish a
notice of the hearing in a newspaper having general circulation in the area not less
than seven days before the date set for the hearing. A development moratorium
with a duration of 61 days or longer, and any extension of a moratorium so that
the total duration is 61 days or longer, is subject to the notice and hearing
requirements of G.S. 153A-323. Absent an imminent threat to public health or
safety, a development moratorium adopted pursuant to this section shall not apply
to any project for which a valid building permit issued pursuant to G.S. 153A-357
is outstanding, to any project for which a conditional use permit application or
special use permit application has been accepted, to development set forth in a
site-specific or phased development plan approved pursuant to G.S. 153A-344.1,
to development for which substantial expenditures have already been made in
good faith reliance on a prior valid administrative or quasi-judicial permit or
approval, or to preliminary or final subdivision plats that have been accepted for
review by the county prior to the call for public hearing to adopt the moratorium.
Any preliminary subdivision plat accepted for review by the county prior to the
call for public hearing, if subsequently approved, shall be allowed to proceed to
final plat approval without being subject to the moratorium.
Any ordinance establishing a development moratorium must expressly include at the time
of adoption each of the following:
(1)
12096859.2
A clear statement of the problems or conditions necessitating the
moratorium and what courses of action, alternative to a moratorium, were
considered by the county and why those alternative courses of action were
not deemed adequate.
(2)
A clear statement of the development approvals subject to the moratorium
and how a moratorium on those approvals will address the problems or
conditions leading to imposition of the moratorium.
(3)
An express date for termination of the moratorium and a statement setting
forth why that duration is reasonably necessary to address the problems or
conditions leading to imposition of the moratorium.
(4)
A clear statement of the actions, and the schedule for those actions,
proposed to be taken by the county during the duration of the moratorium
to address the problems or conditions leading to imposition of the
moratorium.
No moratorium may be subsequently renewed or extended for any additional period
unless the city shall have taken all reasonable and feasible steps proposed to be taken by the
county in its ordinance establishing the moratorium to address the problems or conditions
leading to imposition of the moratorium and unless new facts and conditions warrant an
extension. Any ordinance renewing or extending a development moratorium must expressly
include, at the time of adoption, the findings set forth in subdivisions (1) through (4) of this
subsection, including what new facts or conditions warrant the extension.
Any person aggrieved by the imposition of a moratorium on development approvals
required by law may apply to the appropriate division of the General Court of Justice for an
order enjoining the enforcement of the moratorium, and the court shall have jurisdiction to issue
that order. Actions brought pursuant to this section shall be set down for immediate hearing, and
subsequent proceedings in those actions shall be accorded priority by the trial and appellate
courts. In any such action, the county shall have the burden of showing compliance with the
procedural requirements of this subsection.
(i)
12096859.2
In order to encourage construction that uses sustainable design principles and to
improve energy efficiency in buildings, a county may charge reduced building
permit fees or provide partial rebates of building permit fees for buildings that are
constructed or renovated using design principles that conform to or exceed one or
more of the following certifications or ratings:
(1)
Leadership in Energy and Environmental Design (LEED) certification or
higher rating under certification standards adopted by the U.S. Green
Building Council.
(2)
A One Globe or higher rating under the Green Globes program standards
adopted by the Green Building Initiative.
(3)
A certification or rating by another nationally recognized certification or
rating system that is equivalent or greater than those listed in subdivisions
(1) and (2) of this subsection.
(j)
An ordinance adopted pursuant to this section shall not prohibit single-family
detached residential uses constructed in accordance with the North Carolina State
Building Code on lots greater than 10 acres in size in zoning districts where more
than fifty percent (50%) of the land is in use for agricultural or silvicultural
purposes, except that this restriction shall not apply to commercial or industrial
districts where a broad variety of commercial or industrial uses are permissible.
An ordinance adopted pursuant to this section shall not require that a lot greater
than 10 acres in size have frontage on a public road or county-approved private
road, or be served by public water or sewer lines, in order to be developed for
single-family residential purposes.
(k)
A zoning or unified development ordinance may not differentiate in terms of the
regulations applicable to fraternities or sororities between those fraternities or
sororities that are approved or recognized by a college or university and those that
are not.
§ 160A‑381. Grant of power.
(a)
For the purpose of promoting health, safety, morals, or the general welfare of the
community, any city may adopt zoning and development regulation ordinances.
These ordinances may be adopted as part of a unified development ordinance or
as a separate ordinance. A zoning ordinance may regulate and restrict the height,
number of stories and size of buildings and other structures, the percentage of lots
that may be occupied, the size of yards, courts and other open spaces, the density
of population, the location and use of buildings, structures and land. The
ordinance may provide density credits or severable development rights for
dedicated rights-of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11.
(b)
Expired.
(b1)
These regulations may provide that a board of adjustment may determine and vary
their application in harmony with their general purpose and intent and in
accordance with general or specific rules therein contained, provided no change in
permitted uses may be authorized by variance.
(c)
The regulations may also provide that the board of adjustment, the planning
board, or the city council may issue special use permits or conditional use permits
in the classes of cases or situations and in accordance with the principles,
conditions, safeguards, and procedures specified therein and may impose
reasonable and appropriate conditions and safeguards upon these permits. When
deciding special use permits or conditional use permits, the city council or
planning board shall follow quasi-judicial procedures. Notice of hearings on
special or conditional use permit applications shall be as provided in G.S. 160A388(a2). No vote greater than a majority vote shall be required for the city council
or planning board to issue such permits. For the purposes of this section, vacant
positions on the board and members who are disqualified from voting on a quasi-
12096859.2
judicial matter shall not be considered “members of the board” for calculation of
the requisite majority. Every such decision of the city council or planning board
shall be subject to review of the superior court in the nature of certiorari in
accordance with G.S. 160A-388.
Where appropriate, such conditions may include requirements that street and utility
rights‑of‑way be dedicated to the public and that provision be made of recreational space and
facilities.
(d)
A city council member shall not vote on any zoning map or text amendment
where the outcome of the matter being considered is reasonably likely to have a
direct, substantial, and readily identifiable financial impact on the member.
Members of appointed boards providing advice to the city council shall not vote
on recommendations regarding any zoning map or text amendment where the
outcome of the matter being considered is reasonably likely to have a direct,
substantial, and readily identifiable financial impact on the member.
(e)
As provided in this subsection, cities may adopt temporary moratoria on any city
development approval required by law, except for the purpose of developing and
adopting new or amended plans or ordinances as to residential uses. The duration
of any moratorium shall be reasonable in light of the specific conditions that
warrant imposition of the moratorium and may not exceed the period of time
necessary to correct, modify, or resolve such conditions. Except in cases of
imminent and substantial threat to public health or safety, before adopting an
ordinance imposing a development moratorium with a duration of 60 days or any
shorter period, the governing board shall hold a public hearing and shall publish a
notice of the hearing in a newspaper having general circulation in the area not less
than seven days before the date set for the hearing. A development moratorium
with a duration of 61 days or longer, and any extension of a moratorium so that
the total duration is 61 days or longer, is subject to the notice and hearing
requirements of G.S. 160A-364. Absent an imminent threat to public health or
safety, a development moratorium adopted pursuant to this section shall not apply
to any project for which a valid building permit issued pursuant to G.S. 160A-417
is outstanding, to any project for which a conditional use permit application or
special use permit application has been accepted, to development set forth in a
site-specific or phased development plan approved pursuant to G.S. 160A-385.1,
to development for which substantial expenditures have already been made in
good faith reliance on a prior valid administrative or quasi-judicial permit or
approval, or to preliminary or final subdivision plats that have been accepted for
review by the city prior to the call for public hearing to adopt the moratorium.
Any preliminary subdivision plat accepted for review by the city prior to the call
for public hearing, if subsequently approved, shall be allowed to proceed to final
plat approval without being subject to the moratorium.
Any ordinance establishing a development moratorium must expressly
include at the time of adoption each of the following:
12096859.2
(1)
A clear statement of the problems or conditions necessitating the
moratorium and what courses of action, alternative to a moratorium, were
considered by the city and why those alternative courses of action were
not deemed adequate.
(2)
A clear statement of the development approvals subject to the moratorium
and how a moratorium on those approvals will address the problems or
conditions leading to imposition of the moratorium.
(3)
An express date for termination of the moratorium and a statement setting
forth why that duration is reasonably necessary to address the problems or
conditions leading to imposition of the moratorium.
(4)
A clear statement of the actions, and the schedule for those actions,
proposed to be taken by the city during the duration of the moratorium to
address the problems or conditions leading to imposition of the
moratorium.
No moratorium may be subsequently renewed or extended for any additional period
unless the city shall have taken all reasonable and feasible steps proposed to be taken by the city
in its ordinance establishing the moratorium to address the problems or conditions leading to
imposition of the moratorium and unless new facts and conditions warrant an extension. Any
ordinance renewing or extending a development moratorium must expressly include, at the time
of adoption, the findings set forth in subdivisions (1) through (4) of this subsection, including
what new facts or conditions warrant the extension.
Any person aggrieved by the imposition of a moratorium on development approvals
required by law may apply to the appropriate division of the General Court of Justice for an
order enjoining the enforcement of the moratorium, and the court shall have jurisdiction to issue
that order. Actions brought pursuant to this section shall be set down for immediate hearing, and
subsequent proceedings in those actions shall be accorded priority by the trial and appellate
courts. In any such action, the city shall have the burden of showing compliance with the
procedural requirements of this subsection.
(f)
In order to encourage construction that uses sustainable design principles and to
improve energy efficiency in buildings, a city may charge reduced building permit
fees or provide partial rebates of building permit fees for buildings that are
constructed or renovated using design principles that conform to or exceed one or
more of the following certifications or ratings:
(1)
12096859.2
Leadership in Energy and Environmental Design (LEED) certification or
higher rating under certification standards adopted by the U.S. Green
Building Council.
(g)
(2)
A One Globe or higher rating under the Green Globes program standards
adopted by the Green Building Initiative.
(3)
A certification or rating by another nationally recognized certification or
rating system that is equivalent or greater than those listed in subdivisions
(1) and (2) of this subsection.
A zoning or unified development ordinance may not differentiate in terms of the
regulations applicable to fraternities or sororities between those fraternities or
sororities that are approved or recognized by a college or university and those that
are not.
§ 143-135.37. Energy and water use standards for public major facility construction and
renovation projects; verification and reporting of energy and water use.
(a)
Program Established. - The Sustainable Energy-Efficient Buildings Program is
established within the Department to be administered by the Department. This program applies
to any major facility construction or renovation project of a public agency that is funded in whole
or in part from an appropriation in the State capital budget or through a financing contract as
defined in G.S. 142-82.
(a1)
Net Savings Required. - The requirements of this section apply to a major facility
construction or renovation project only if the Department determines that the application of the
requirements to the project will result in an anticipated net savings. There is an anticipated net
savings if the cost of construction or renovation in accordance with the requirements of this
section plus the estimated operating costs for the first 10 years post-construction would be less
than the cost of construction or renovation if the project were not subject to the requirements of
this section plus the estimated operating costs for the first 10 years post-construction. All thirdparty certification costs before and after construction or renovation shall be included in
determining construction and operating costs. Renovation projects that will include guaranteed
energy savings contracts, as defined by G.S. 143-64.17, and executed in accordance with the
provisions of Part 2 of Article 3B of Chapter 143 of the General Statutes, are exempt from the
requirements of this subsection.
(b)
Energy-Efficiency Standard. - For every major facility construction project of a public
agency, the building shall be designed and constructed so that the calculated energy consumption
is at least thirty percent (30%) less than the energy consumption for the same building as
calculated using the energy-efficiency standard in ASHRAE 90.1-2004. For every major facility
renovation project of a public agency, the renovated building shall be designed and constructed
so that the calculated energy consumption is at least twenty percent (20%) less than the energy
consumption for the same renovated building as calculated using the energy-efficiency standard
in ASHRAE 90.1-2004. For the purposes of this subsection, any exception or special standard
for a specific type of building found in ASHRAE 90.1-2004 is included in the ASHRAE 90.12004 standard.
12096859.2
(c)
Indoor Potable Water Use Standard. - For every major facility construction or renovation
project of a public agency, the water system shall be designed and constructed so that the
calculated indoor potable water use is at least twenty percent (20%) less than the indoor potable
water use for the same building as calculated using the fixture performance requirements related
to plumbing under the 2006 North Carolina State Building Code.
(c1)
Outdoor Potable Water Use Standard. - For every major facility construction project of a
public agency, the water system shall be designed and constructed so that the calculated sum of
the outdoor potable water use and the harvested stormwater use is at least fifty percent (50%)
less than the sum of the outdoor potable water use and the harvested stormwater use for the same
building as calculated using the performance requirements related to plumbing under the 2006
North Carolina State Building Code. Weather-based irrigation controllers shall be used for
irrigation systems for major facility construction projects. For every major facility renovation
project of a public agency, the Department shall determine on a project-by-project basis what
reduced level of outdoor potable use or harvested stormwater use, if any, is a feasible
requirement for the project. The Department shall not require a greater reduction than is required
under this subsection for a major facility construction project. To reduce the potable outdoor
water as required under this subsection, weather-based irrigation controllers, landscape materials
that are water use efficient, and irrigation strategies that include reuse and recycling of the water
may be used.
(d)
Performance Verification. - In order to be able to verify performance of a building
component or an energy or water system component, the construction contract shall include
provisions that require each building component and each energy and water system component
to be commissioned, and these provisions shall be included at the earliest phase of the
construction process as possible and in no case later than the schematic design phase of the
project. Such commissioning shall continue through the initial operation of the building. The
project design and construction teams and the public agency shall jointly determine what level of
commissioning is appropriate for the size and complexity of the building or its energy and water
system components.
(e)
Separate Utility Meters. - In order to be able to monitor the initial cost and the continuing
costs of the energy and water systems, a separate meter for each electricity, natural gas, fuel oil,
and water utility shall be installed at each building undergoing a major facility construction or
renovation project. Each meter shall be installed in accordance with the United States
Department of Energy guidelines issued under section 103 of the Energy Policy Act of 2005
(Pub. L. 109-58, 119 Stat. 594 (2005)). Starting with the first month of facility operation, the
public agency shall compare data obtained from each of these meters by month and by year with
the applicable energy-efficiency standard under subsection (b) of this section and the applicable
water use standard for the project under subsection (c) of this section and report annually no later
than August 1 of each year to the Office of State Construction within the Department. If the
average energy use or the average water use over the initial 12-month period of facility operation
exceeds the applicable energy-efficiency standard under subsection (b) of this section or exceeds
the applicable water use standard under subsection (c) of this section by fifteen percent (15%) or
more, the public agency shall investigate the actual energy or water use, determine the cause of
the discrepancy, and recommend corrections or modifications to meet the applicable standard.
12096859.2
(f)
Locally Sourced Materials. - To achieve sustainable building standards as required by
this section, a major facility construction or renovation project may utilize a building rating
system so long as the rating system (i) provides certification credits for, (ii) provides a preference
to be given to, (iii) does not disadvantage, and (iv) promotes building materials or furnishings,
including masonry, concrete, steel, textiles, or wood that are manufactured or produced within
the State. (2008-203, s. 1; 2011-394, s. 8(b); 2013-242, s. 1.)
12096859.2
Ohio (back to top)
125.15 Acquisition of equipment, materials, supplies, services, or contracts of insurance.
All state agencies required to secure any equipment, materials, supplies, or services from
the department of administrative services shall make acquisition in the manner and upon forms
prescribed by the director of administrative services and shall reimburse the department for the
equipment, materials, supplies, or services, including a reasonable sum to cover the department’s
administrative costs and costs relating to energy efficiency and conservation programs, whenever
reimbursement is required by the department. The money so paid shall be deposited in the state
treasury to the credit of the general services fund or the information technology fund, as
appropriate. Those funds are hereby created.
3345.69 Committee to develop guidelines for energy efficiency.
(A)
(B)
As used in this section:
(1)
“State institution of higher education” has the same meaning as in section
3345.011 of the Revised Code.
(2)
“Board of trustees of a state institution of higher education” has the same meaning
as in section 3345.61 of the Revised Code.
The chairperson of the interuniversity council of Ohio and the secretary of the Ohio
association of community colleges shall assist in coordinating the organization and
operation of a committee to carry out this section. The committee shall be comprised of
the presidents of the state institutions of higher education or their designees. The
committee, in consultation with the office of energy services of the department of
administrative services, shall develop guidelines for the board of trustees of each state
institution of higher education to use in ensuring energy efficiency and conservation in
on- and off-campus buildings. Initial guidelines shall be adopted not later than ninety
days after the effective date of this section. At a minimum, guidelines under this section
shall do all of the following:
(1)
Include a goal to reduce on- and off-campus building energy consumption by at
least twenty per cent by 2014, using calendar year 2004 as the benchmark year,
while recognizing the diverse nature and different energy demands and uses of
such buildings and measures already taken to increase building energy efficiency
and conservation;
(2)
Prescribe minimum energy efficiency and conservation standards for any new,
on- or off-campus capital improvement project with a construction cost of one
hundred thousand dollars or more, which standards shall be based on general
building type and cost-effectiveness;
12096859.2
(C)
(3)
Prescribe minimum energy efficiency and conservation standards for the leasing
of an off-campus space of at least twenty-thousand square feet;
(4)
Incorporate best practices into energy efficiency and conservation standards and
plans;
(5)
Provide that each board develop its own fifteen-year plan for phasing in energy
efficiency and conservation projects;
(6)
Provide that project impact assessments include the fiscal effects of energy
efficiency and conservation recommendations and plans;
(7)
Establish mechanisms for each board to report periodically to the committee on its
progress relative to the guidelines.
The board of trustees of a state institution of higher education shall adopt rules under
section 111.15 of the Revised Code to carry out the guidelines established pursuant to
division (B) of this section, including in the execution of the board’s authority under
sections 3345.62 to 3345.66 of the Revised Code.
4928.61 Energy efficiency revolving loan fund.
(A)
There is hereby established in the state treasury the advanced energy fund, into which
shall be deposited all advanced energy revenues remitted to the director of development
under division (B) of this section, for the exclusive purposes of funding the advanced
energy program created under section 4928.62 of the Revised Code and paying the
program's administrative costs. Interest on the fund shall be credited to the fund.
(B)
Advanced energy revenues shall include all of the following:
(1)
12096859.2
Revenues remitted to the director after collection by each electric distribution
utility in this state of a temporary rider on retail electric distribution service rates
as such rates are determined by the public utilities commission pursuant to this
chapter. The rider shall be a uniform amount statewide, determined by the director
of development, after consultation with the public benefits advisory board created
by section 4928.58 of the Revised Code. The amount shall be determined by
dividing an aggregate revenue target for a given year as determined by the
director, after consultation with the advisory board, by the number of customers
of electric distribution utilities in this state in the prior year. Such aggregate
revenue target shall not exceed more than fifteen million dollars in any year
through 2005 and shall not exceed more than five million dollars in any year after
2005. The rider shall be imposed beginning on the effective date of the
amendment of this section by Sub. H.B. 251 of the 126th general assembly,
January 4, 2007, and shall terminate at the end of ten years following the starting
date of competitive retail electric service or until the advanced energy fund,
including interest, reaches one hundred million dollars, whichever is first.
(C)
(D)
(2)
Revenues from payments, repayments, and collections under the advanced energy
program and from program income;
(3)
Revenues remitted to the director after collection by a municipal electric utility or
electric cooperative in this state upon the utility's or cooperative's decision to
participate in the advanced energy fund;
(4)
Revenues from renewable energy compliance payments as provided under
division (C)(2) of section 4928.64 of the Revised Code;
(5)
Revenue from forfeitures under division (C) of section 4928.66 of the Revised
Code;
(6)
Funds transferred pursuant to division (B) of Section 512.10 of S.B. 315 of the
129th general assembly;
(7)
Interest earnings on the advanced energy fund.
(1)
Each electric distribution utility in this state shall remit to the director on a
quarterly basis the revenues described in divisions (B)(1) and (2) of this section.
Such remittances shall occur within thirty days after the end of each calendar
quarter .
(2)
Each participating electric cooperative and participating municipal electric utility
shall remit to the director on a quarterly basis the revenues described in division
(B)(3) of this section. Such remittances shall occur within thirty days after the end
of each calendar quarter. For the purpose of division (B)(3) of this section, the
participation of an electric cooperative or municipal electric utility in the energy
efficiency revolving loan program as it existed immediately prior to the effective
date of the amendment of this section by Sub. H.B. 251 of the 126th general
assembly, January 4, 2007, does not constitute a decision to participate in the
advanced energy fund under this section as so amended.
(3)
All remittances under divisions (C)(1) and (2) of this section shall continue only
until the end of ten years following the starting date of competitive retail electric
service or until the advanced energy fund, including interest, reaches one hundred
million dollars, whichever is first.
Any moneys collected in rates for non-low-income customer energy efficiency programs,
as of October 5, 1999, and not contributed to the energy efficiency revolving loan fund
authorized under this section prior to the effective date of its amendment by Sub. H.B.
251 of the 126th general assembly, January 4, 2007, shall be used to continue to fund
cost-effective, residential energy efficiency programs, be contributed into the universal
service fund as a supplement to that required under section 4928.53 of the Revised Code,
12096859.2
or be returned to ratepayers in the form of a rate reduction at the option of the affected
electric distribution utility.
4928.62 Advanced energy program; use of funds
(A) There is hereby created the advanced energy program, which shall be administered by the
director of development. Under the program, the director may authorize the use of
moneys in the advanced energy fund for financial, technical, and related assistance for
advanced energy projects in this state or for economic development assistance, in
furtherance of the purposes set forth in section 4928.63 of the Revised Code.
(1) To the extent feasible given approved applications for assistance, the assistance shall be
distributed among the certified territories of electric distribution utilities and
participating electric cooperatives, and among the service areas of participating
municipal electric utilities, in amounts proportionate to the remittances of each
utility and cooperative under divisions (B)(1) and (3) of section 4928.61 of the
Revised Code.
(2) The funds described in division (B)(6) of section 4928.61 of the Revised Code shall not
be subject to the territorial requirements of division (A)(1) of this section.
(3) The director shall not authorize financial assistance for an advanced energy project under
the program unless the director first determines that the project will create new jobs
or preserve existing jobs in this state or use innovative technologies or materials.
(B) In carrying out sections 4928.61 to 4928.63 of the Revised Code, the director may do all of
the following to further the public interest in advanced energy projects and economic
development:
(1) Award grants, contracts, loans, loan participation agreements, linked deposits, and
energy production incentives;
(2) Acquire in the name of the director any property of any kind or character in accordance
with this section, by purchase, purchase at foreclosure, or exchange, on such terms
and in such manner as the director considers proper;
(3) Make and enter into all contracts and agreements necessary or incidental to the
performance of the director's duties and the exercise of the director's powers under
sections 4928.61 to 4928.63 of the Revised Code;
(4) Employ or enter into contracts with financial consultants, marketing consultants,
consulting engineers, architects, managers, construction experts, attorneys,
technical monitors, energy evaluators, or other employees or agents as the director
considers necessary, and fix their compensation;
12096859.2
(5) Adopt rules prescribing the application procedures for financial assistance under the
advanced energy program; the fees, charges, interest rates, payment schedules, local
match requirements, and other terms and conditions of any grants, contracts, loans,
loan participation agreements, linked deposits, and energy production incentives;
criteria pertaining to the eligibility of participating lending institutions; and any
other matters necessary for the implementation of the program;
(6) Do all things necessary and appropriate for the operation of the program.
(C) The department of development may hold ownership to any unclaimed energy efficiency and
renewable energy emission allowances provided for in Chapter 3745-14 of the
Administrative Code or otherwise, that result from advanced energy projects that receive
funding from the advanced energy fund, and it may use the allowances to further the
public interest in advanced energy projects or for economic development.
(D) Financial statements, financial data, and trade secrets submitted to or received by the director
from an applicant or recipient of financial assistance under sections 4928.61 to 4928.63
of the Revised Code, or any information taken from those statements, data, or trade
secrets for any purpose, are not public records for the purpose of section 149.43 of the
Revised Code.
(E) Nothing in the amendments of sections 4928.61, 4928.62, and 4928.63 of the Revised Code
by Sub. H.B. 251 of the 126th general assembly shall affect any pending or effected
assistance, pending or effected purchases or exchanges of property made, or pending or
effected contracts or agreements entered into pursuant to division (A) or (B) of this
section as the section existed prior to the effective date of those amendments, January 4,
2007, or shall affect the exemption provided under division (C) of this section as the
section existed prior to that effective date.
(F) Any assistance a school district receives for an advanced energy project, including a
geothermal heating, ventilating, and air conditioning system, shall be in addition to any
assistance provided under Chapter 3318. of the Revised Code and shall not be included as
part of the district or state portion of the basic project cost under that chapter.er.
4928.63 Purpose of energy efficiency program.
The director of development and the public benefits advisory board have the powers and
duties provided in sections 4928.61 and 4928.62 of the Revised Code, in order to promote the
welfare of the people of this state; stabilize the economy; assist in the improvement and
development within this state of not-for-profit entity, industrial, commercial, distribution,
residential, and research buildings and activities required for the people of this state; improve the
economic welfare of the people of this state by reducing energy costs and by reducing energy
usage in a cost-efficient manner using, as determined by the director, both the most appropriate
national, federal, or other standards for products and the best practices for the use of technology,
products, or services in the context of a total facility or building; and assist in the lowering of
energy demand to reduce air, water, or thermal pollution . It is hereby determined that the
12096859.2
accomplishment of those purposes is essential so that the people of this state may maintain their
present high standards in comparison with the people of other states and so that opportunities for
improving the economic welfare of the people of this state, for improving the housing of
residents of this state, and for favorable markets for the products of this state’s natural resources,
agriculture, and manufacturing shall be improved; and that it is necessary for this state to
establish the program authorized pursuant to sections 4928.61 and 4928.62 of the Revised Code.
12096859.2
Oklahoma. (back to top)
§ 213. Public building energy and environmental performance program
The purpose of this section is to promote effective energy and environmental standards for the
construction, renovation, and maintenance of state buildings which will improve the capacity of
the state to design, build, and operate high-performance buildings thus creating new jobs,
contributing to economic growth, and increasing energy independence. To accomplish the
objectives of this section, the state shall adopt planning and construction standards for state
buildings that:
1. Conserve energy consumption and optimize the energy performance of new building
construction;
2. Increase the demand for environmentally preferable building materials, finishes, and
furnishings;
3. Reduce the dependence of the state on imported sources of energy through buildings that
conserve energy and utilize local and renewable energy sources;
4. Protect and restore the natural resources of the state by avoiding development of inappropriate
building sites;
5. Reduce the burden on municipal water supply and treatment by reducing potable water
consumption;
6. Reduce waste generation and manage waste through recycling and diversion from landfill
disposal;
7. Establish life-cycle cost analysis as the appropriate and most efficient analysis to determine
the optimal performance level of a building project;
8. Ensure that the systems of each building project are designed, installed, and tested to perform
according to the design intent and operational needs of the building; and
9. Authorize the Office of Management and Enterprise Services to pursue ENERGY STAR
designation from the United States Environmental Protection Agency to further demonstrate the
energy efficiency of a public building project.
12096859.2
Oregon (back to top)
315.331. Credit for certified energy conservation project
(1) A credit is allowed against the taxes otherwise due under ORS chapter 316 or, if the taxpayer
is a corporation, under ORS chapter 317 or 318, for an energy conservation project that is
certified under ORS 469B.270 to 469B.306. The credit is allowed as follows:
(a) Except as provided in paragraph (b) of this subsection, the credit allowed in each of the
first two tax years in which the credit is claimed shall be 10 percent of the certified cost of
the facility, but may not exceed the tax liability of the taxpayer. The credit allowed in each
of the succeeding three years shall be five percent of the certified cost, but may not exceed
the tax liability of the taxpayer.
(b) If the certified cost of the facility does not exceed $20,000, the total amount of the credit
allowable under subsection (3) of this section may be claimed in the first tax year for which
the credit may be claimed, but may not exceed the tax liability of the taxpayer.
(2) In order for a tax credit to be allowable under this section:
(a) The project must be located in Oregon.
(b) The project must have received final certification from the Director of the State
Department of Energy under ORS 469B.270 to 469B.306.
(c) If the project is a research and development project, it must receive, prior to certification
under ORS 469B.288, a recommendation from a qualified third party selected by the
director.
(d) If the project is new construction or a total building retrofit, then the project must
achieve, at a minimum, the energy efficiency standards required for:
(A) LEED Platinum certification;
(B) A four globes rating from the Green Globes program;
(C) A nationally or regionally recognized and appropriate sustainable building program
whose performance standards are equivalent to the standards required for LEED
Platinum certification or a four globes rating from the Green Globes program, as
determined by the department; or
(D) Verification that the construction conformed to the standards of the Reach Code
adopted pursuant to ORS 455.500.
(3) The total amount of credit allowable to an eligible taxpayer under this section may not exceed
35 percent of the certified cost of the project.
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(4)(a) Upon any sale, termination of the lease or contract, exchange or other disposition of the
project, notice thereof shall be given to the director, who shall revoke the certificate covering the
project as of the date of such disposition.
(b) A new owner, or, upon re-leasing of the project, a new lessee, may apply for a new
certificate under ORS 469B.291. The new lessee or owner must meet the requirements of
ORS 469B.270 to 469B.306 and may claim a tax credit under this section only if all moneys
owed by the new owner or lessee to the State of Oregon have been paid, if the project
continues to operate and if all conditions in the final certification are met. The tax credit
available to the new owner shall be limited to the amount of credit not claimed by the former
owner or, for a new lessee, the amount of credit not claimed by the lessee under all previous
leases. The State Department of Energy may waive the requirement that a new owner or
lessee apply for a new certificate under ORS 469B.291 if the remaining credit is less than
$20,000.
(c) The department may not revoke the certificate covering a project under paragraph (a) of
this subsection if the tax credit associated with the project has been transferred to a taxpayer
who is an eligible applicant under ORS 469B.285.
(5) The tax credit allowed under this section for any one tax year may not exceed the tax liability
of the taxpayer.
(6) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a
particular year may be carried forward and offset against the taxpayer's tax liability for the next
succeeding tax year. Any credit remaining unused in that next succeeding tax year may be
carried forward and used in the second succeeding tax year, and likewise, any credit not used in
that second succeeding tax year may be carried forward and used in the third succeeding tax
year, and likewise, any credit not used in that third succeeding tax year may be carried forward
and used in the fourth succeeding tax year, and likewise, any credit not used in that fourth
succeeding tax year may be carried forward and used in the fifth succeeding tax year, but may
not be carried forward for any tax year thereafter. Credits may be carried forward to and used in
a tax year beyond the years specified in subsection (1) of this section only as provided in this
subsection.
(7) The credit allowed under this section is not in lieu of any depreciation or amortization
deduction for the project to which the taxpayer otherwise may be entitled for purposes of ORS
chapter 316, 317 or 318 for such year.
(8) The taxpayer's adjusted basis for determining gain or loss may not be decreased by any tax
credits allowed under this section.
(9) The definitions in ORS 469B.270 apply to this section.
12096859.2
Rhode Island (back to top)
§ 37-24-1 Short title. –
This act shall be known and may be cited as "The Green Buildings Act."
§ 37-24-2 Legislative findings. –
It is hereby found and declared as follows:
(1) Energy costs for public buildings are skyrocketing and will likely continue to increase.
(2) Energy use by public buildings contributes substantially to the problems of pollution and
global warming.
(3) Public buildings can be built and renovated using high-performance methods that save
energy, reduce water consumption, improve indoor air quality, preserve the environment, and
make workers and students more productive.
(4) This law is necessary to more efficiently spend public funds.
§ 37-24-3 Definitions. –
For purposes of this chapter, the following definitions shall apply:
(1) "Construction" means the process of building, altering, repairing, improving, or
demolishing forty percent (40%) or more of any public structures or buildings, or other public
improvements of any kind to any public real property.
(2) "Department" means the department of administration.
(3) "Equivalent standard" means a high-performance green building standard other than
LEED, which provides a rating system or measurement tool, that, when used, leads to outcomes,
similar or equivalent to, LEED, outcomes, in terms of green building performance; current
accepted equivalent standards include green globes, Northeast collaborative high-performance
schools protocol; or other equivalent high-performance green building standard accepted by the
department;
(4) "LEED certified standard" means the current version of the United States Green Building
Council Leadership in Energy and Environmental Design green building rating standard referred
to as LEED certified.
(5) "Major facility project" means:
(i) A building construction project larger than five thousand (5,000) gross square feet of
occupied or conditioned space; or
12096859.2
(ii) A building renovation project is larger than ten thousand (10,000) gross square feet of
occupied or conditioned space.
(6) "Public agency" means every state office, board, commission, committee, bureau,
department or public institution of higher education.
(7) "Public facility" means any public institution, public facility, public equipment, or any
physical asset owned, leased or controlled in whole or in part by this state or any agency or
political subdivision thereof.
§ 37-24-4 Green building standards. –
(a) All major facility projects of public agencies shall be designed and constructed to at least the
LEED certified or an equivalent high performance green building standard. This provision
applies to major facility projects that have not entered the design phase prior to January 1, 2010.
(b) All major facility projects of a public school district, where the project receives any funding
from the state shall be designed, and constructed to at least the LEED certified standard, or the
Northeast Collaborative for High-Performance Schools Protocol, Version 1.1 or above. This
provision applies to major facility projects that have not entered the design phase prior to
January 1, 2010.
(c) A major facility project does not have to meet LEED certified standard or an equivalent highperformance green building standard if:
(1) There is no appropriate LEED standard or other high-performance green building
standard for that type of building or renovation project. In such case, the department will set
lesser green building standards that are appropriate to the project.
(2) There is no practical way to apply the LEED standard or other high-performance green
building standard to a particular building or renovation project. In such case, the department
will set lesser green building standards that are appropriate to the project.
§ 37-24-5 Administration and reports. –
(a) The department shall promulgate such regulations as are necessary to enforce this section.
Those regulations shall include how the department will determine whether a project qualifies
for an exception from the LEED certified or equivalent high-performance green building
standard, and the lesser green building standards that may be imposed on projects that are
granted exceptions.
(b) The department shall monitor and document ongoing operating savings that result from major
facility projects designed, constructed and certified as meeting the LEED certified standard and
annually publish a public report of findings and recommended changes in policy. The report
12096859.2
shall also include a description of projects that were granted exceptions from the LEED certified
standard, the reasons for exception, and the lesser green building standards imposed.
(c) The department shall create a green buildings advisory committee composed of
representatives from the design, construction, lumber and building materials industries involved
in public works contracting, personnel from affected public agencies and school boards that
oversee public works projects, and others at the department's discretion to provide advice on
implementing this section. The advisory committee shall make recommendations regarding an
education and training process and an ongoing evaluation or feedback process to help the
department implement this section.
§ 37-24-6 Protection from liability. –
No person, corporation or entity shall be held liable for the failure of a major facility project to
meet the LEED certified standard or other standards established for the project as long as a good
faith attempt was made to achieve the standard set for the project.
EXECUTIVE ORDER 05-14
August 22, 2005
ENERGY AND ENVIRONMENTAL PERFORMANCE STANDARDS FOR NEW
PUBLIC BUILDINGS
WHEREAS, this Administration is committed to promoting efficiency in the use of
energy and natural resources in order to protect and enhance our environment, economy, and the
health of our citizens and future generations;
WHEREAS, this Administration is dedicated to the environmental health and safety of its
employees, and to efficient and productive work environments;
WHEREAS, the true costs of new public buildings must be evaluated on a life-cycle
basis which, in addition to construction and financing costs, includes the energy and other costs
of operating the facility over its lifetime; and
WHEREAS, the energy efficient design and operation of new public buildings may save
taxpayers substantive costs over time.
NOW, THEREFORE, I, DONALD L. CARCIERI, by the authority vested in me as
Governor of the State of Rhode Island, do hereby order and direct the following:
1.
For the purposes of this Order, a “public building” shall mean any building owned by the
State or any department, office, board, commission, or agency thereof, including statesupported institutions of higher learning.
2.
The design, construction, operation and maintenance of any new, substantially expanded,
or renovated public building shall incorporate and meet the standards developed by the
12096859.2
United States Green Building Council’s Leadership in Energy & Environmental Design
(“LEED”). Each such public building shall endeavor to qualify for certification at or
above the LEED “silver” level.
3.
The design, construction, operation and maintenance of any new, substantially expanded,
or renovated public building shall also evaluate feasible energy-efficiency measures on
the basis of their total life-cycle costs of installation, operation, and maintenance.
4.
The Department of Administration through the Division of Capital Projects and Property
Management, shall develop guidelines to implement the provisions of this Order. Each
department, office, board, commission, and agency of the State shall cooperate with the
Division of Capital Projects and Property Management and furnish it with any assistance
necessary to accomplish the purposes of this Order. Assistance may include sharing of
information, assignment of staff, and provision of support services.
This Executive Order shall take effect immediately upon the date hereof.
12096859.2
South Carolina (back to top)
ARTICLE 8.
ENERGY INDEPENDENCE AND SUSTAINABLE CONSTRUCTION ACT OF 2007
SECTION 48-52-800. Citation of article.
This article may be cited as the "Energy Independence and Sustainable Construction Act
of 2007".
SECTION 48-52-810. Definitions.
As used in this article:
(1)
“Board” means the State Fiscal Accountability Authority's governing board
(2)
"Building project" means the design, construction, renovation, operation, and
maintenance of any inhabited physical structure and its associated project building
site.
(3)
"Commercial interior fit-out" means interior design and installation by owners or
tenants of new or existing office space, typically exclusive of structural
components and core and shell elements.
(4)
"GBI" means the Green Building Initiative.
(5)
"Globes" means the level of a building's sustainability and energy efficiency
performance as determined by GBI's Green Globes Rating System.
(6)
"Green Globes Rating System" means the environmental building rating system
established by the Green Building Initiative.
(7)
"High-performance building" means a building designed to achieve integrated
systems design and construction so as to significantly reduce or eliminate the
negative impact of the built environment.
(8)
" LEED " means the U.S. Green Building Council's Leadership in Energy and
Environmental Design Rating System.
(9)
" LEED Silver standard" means the Silver standard as set forth by USGBC's
LEED Green Building Rating System.
(10)
(a)
"Major facility project" means:
(i)
12096859.2
a state-funded new construction building project in which the
building to be constructed is larger than ten thousand gross square
feet;
(b)
(ii)
a state-funded renovation project in which the project involves
more than fifty percent of the replacement value of the facility or a
change in occupancy; or
(iii)
a state-funded commercial interior tenant fit-out project that is
larger than seven thousand five hundred square feet of leasable
area.
"Major facility project" does not mean:
(i)
a building, regardless of size, that does not have conditioned space
as defined by Standard 90.1 of the American Society of Heating,
Refrigerating and Air-Conditioning Engineers;
(ii)
a public kindergarten, elementary school, middle school, secondary
school, junior high school, or high school, all as defined in Section
59-1-150;
(iii)
a correctional facility constructed for the Department of
Corrections, Department of Mental Health, or Department of
Juvenile Justice;
(iv)
a building project funded by the State Ports Authority, the
Coordinating Council for Economic Development, or the State
Infrastructure Bank; or
(v)
a building project funded by the Department of Health and
Environmental Control in which the primary purpose of the
building project is for the storage of archived documents.
(11)
"Renovation project" means a building project involving the modification or
adaptive reuse of an existing facility.
(12)
"Third-party commissioning agent" means a person accredited by the USGBC or
GBI, with expertise in building system performance, who will analyze, evaluate,
and confirm the proper function and performance of a high performance building,
its systems, equipment, and indoor air quality, and who did not participate in the
original certification of the major facility project or renovation project.
(13)
"USGBC" means the United States Green Building Council.
12096859.2
SECTION 48-52-820. Promoting effective energy and environmental standards for
buildings; adoption of policies and procedures.
The purpose of this section is to promote effective energy and environmental standards
for construction, rehabilitation, and maintenance of buildings in this State, improving the state's
capacity to design, build, and operate high-performance buildings and creating new jobs and
contributing to economic growth and increasing the state's energy independence. To accomplish
the objectives of this article, the State shall adopt policies and procedures that:
(1)
optimize the energy performance of buildings throughout this State;
(2)
increase the demand for environmentally preferable building materials, finishes,
and furnishings;
(3)
improve environmental quality in this State by decreasing the discharge of
pollutants from state buildings and their manufacture;
(4)
create public awareness of new technologies that can improve the health and
productivity of building occupants by meeting advanced criteria for indoor air
quality;
(5)
improve working conditions and reduce building-related health problems;
(6)
reduce the state's dependence on imported sources of energy through buildings
that conserve energy and utilize local and renewable energy sources;
(7)
protect and restore this state's natural resources by avoiding development of
inappropriate building sites;
(8)
reduce the burden on municipal water supply and treatment by reducing potable
water consumption;
(9)
reduce waste generation and manage waste through recycling and diversion from
landfill disposal;
(10)
establish life cycle cost analysis as the appropriate and most efficient analysis to
determine a building project's optimal performance level;
(11)
ensure each building project's systems are designed, installed, and tested to
perform according to the building's design intent and its operational needs through
third-party, post-construction review and verification; and
(12)
authorize the board to pursue ENERGY STAR designation from the United States
Environmental Protection Agency to further demonstrate a building project's
energy independence.
12096859.2
SECTION 48-52-830. Certification standards for major facility projects.
(A)
(1)
All major facility projects in this State, as defined in Section 48-52-810(10)(i),
must be designed, constructed, and at least certified as receiving two globes using
the Green Globes Rating System or receiving the LEED Silver standard. All
major facility projects in this State, as defined in Section 48-52-810(10)(a)(ii) or
(iii), must be analyzed using a life cycle cost analysis comparing the cost and
benefits of designing, constructing, maintaining, and operating the facility at the
LEED Silver standard or two globes standard, or better, with certification; normal
industry and regulatory standards as applicable; or some standard between the two
that causes the project to be designed and constructed in a manner that achieves
the lowest thirty-year life cycle cost.
(2)
(B)
(C)
In obtaining certification as receiving two globes using the Green Globes Rating
System, a major facility project must earn at least twenty percent of the available
points for energy performance under “C.1.1 Energy Consumption”. In obtaining
certification as meeting the LEED Silver standard, a major facility project must
earn at least forty percent of the available points for energy performance under
“EA Credit: Optimize Energy Performance”. The Office of State Engineer may
waive the requirements of this item for a proposed major facility project should it
determine that the costs of meeting this item are not economically feasible. The
Office of State Engineer shall notify the board of the reason for the issuance of a
waiver.
The board may petition the General Assembly to require all major facility projects be
certified to a high-performance building rating system standard in addition to or instead
of the systems provided in this chapter. However, any alternate rating system adopted by
the General Assembly must be no less stringent than the systems provided in this chapter.
The board shall administer and enforce the provisions in this article. Also, the board may
adopt rules and promulgate regulations to comply with the goals set forth in Section 4852-820.
SECTION 48-52-840. Certification using LEED rating system; inspection and monitoring
of environmental benefits.
(A)
In order to become certified using a LEED rating system, a major facility project shall
register with USGBC prior to filing the first building construction permit application.
USGBC shall have the sole discretion in determining whether a major facility project
receives certification.
(B)
All major facility projects that were certified at the LEED Silver standard or higher must
be inspected by a third-party commissioning agent in the fifth, tenth, and fifteenth year
following certification. The third-party commissioning agent shall determine whether the
building is operating at the standard to which it was originally designed and certified. The
third-party commissioning agent shall report its findings to the State Engineer. The report
must include, but is not limited to, the building's savings on energy and water, the level of
12096859.2
its indoor air quality, the existing system's function and performance, problems with the
system, and whether the system's performance meets the facility's requirements. If the
State Engineer determines that the building is not operating within the spirit of this
article, the State Engineer may take appropriate measures to bring the building into
compliance.
(C)
The board shall develop and implement a process to monitor and evaluate the energy and
environmental benefits associated with each major facility project designed, constructed,
or renovated pursuant to this article. The monitoring and evaluation of each major facility
project shall commence one year after certification of the major facility project and shall
continue for nineteen years thereafter. All data concerning energy and environmental
benefits collected pursuant to this section must be made available to the board to be
compiled and submitted to the General Assembly pursuant to Section 48-52-860.
SECTION 48-52-850. Certification using Green Globes Rating System; inspection and
monitoring of environmental benefits.
(A)
In order to become certified using a Green Globes Rating System, a major facility project
shall register with GBI prior to filing the first building construction permit application.
GBI shall have the sole discretion in determining whether a major facility project
receives certification.
(B)
All major facility projects that were first certified as receiving two globes using the Green
Globes Rating System must be inspected by a third-party commissioning agent in the
fifth, tenth, and fifteenth year following certification. The third-party commissioning
agent shall determine whether the building is operating at the standard to which it was
originally designed and certified. The third-party commissioning agent shall report its
findings to the State Engineer. The report must include, but is not limited to, the
building's savings on energy and water, the level of its indoor air quality, the existing
system's function and performance, problems with the system, and whether the system's
performance meets the facility's requirements. If the State Engineer determines that the
building is not operating within the spirit of this article, the State Engineer may take
appropriate measures to bring the building into compliance.
(C)
The board shall develop and implement a process to monitor and evaluate the energy and
environmental benefits associated with each major facility project designed, constructed,
or renovated pursuant to this article. The monitoring and evaluation of each major facility
project shall commence one year after certification of the major facility project and shall
continue for nineteen years thereafter. All data concerning energy and environmental
benefits collected pursuant to this section must be made available to the board to be
compiled and submitted to the General Assembly pursuant to Section 48-52-860.
12096859.2
SECTION 48-52-860. Annual report; contents.
The board annually shall submit a report regarding major facility projects to the General
Assembly that includes:
(1)
the number and types of buildings designed and constructed;
(2)
the level of certification of each building designed, constructed, or renovated;
(3)
actual savings in energy costs;
(4)
a description of all potential environmental benefits, including, but not limited to,
water resources savings and the reduction of waste generation;
(5)
the ability of buildings to continue to operate at the standard to which it was
originally certified;
(6)
the reason for any waiver granted by the State Engineer's Office; and
(7)
any conflicts or barriers that hinder the effectiveness of this article.
12096859.2
South Dakota (back to top)
5-14-32. Definition of terms
Terms used in this section and §§ 5-14-33 to 5-14-38, inclusive, mean:
(1) “High-performance green building standard,” a building that is designed and constructed in a
manner that achieves at least:
(a) A silver standard rating under the United States Green Building Council's Leadership
in Energy and Environmental Design (LEED) rating system in effect as of July 1, 2009, or
earlier if the building was registered or certified under a previous LEED rating system
version;
(b) A two globe rating under the Green Building Initiative's Green Globes rating system as
of January 1, 2008; or
(c) A comparable numeric rating under a sustainable building certification program
recognized by the American National Standards Institute as an accredited standards
developer;
(2) “New construction,” any new building constructed by any state agency, department, or
institution which has a cost of five hundred thousand dollars or more or that includes five
thousand square feet or more of space;
(3) “Renovation” or “renovated,” any alteration of a state building with a cost of five hundred
thousand dollars or more or that includes five thousand square feet or more of the building;
(4) “State building project,” new construction or renovation of a building, which has heating,
ventilation, or air conditioning, by the Board of Regents or any state agency, department, or
institution.
5-14-33. State buildings to meet high-performance green building standard
Any state building projects as defined in § 5-14-32, shall meet or exceed a high-performance
green building standard.
5-14-34. Waiver of requirements
A waiver of the requirements of § 5-14-33 may be granted by the Office of the State Engineer if:
(1) The building will have minimal human occupancy;
12096859.2
(2) The increased costs of achieving a high-performance green building standard cannot be
recouped from decreased operational costs within fifteen years;
(3) A building is on the national register of historic places and achieving a high-performance
green building standard would result in noncompliance with standards for historic preservation
as set forth in the secretary of the interior's Standards for the Treatment of Historic Properties in
effect as of January 1, 2008;
(4) The square footage of the renovation project is less then fifty percent of the total square
footage of the building being renovated. If the renovation project is being done in phases, the
total square footage of all intended phases combined shall be used in making this calculation; or
(5) The Bureau of Administration determines that extenuating circumstances exist to make
impractical high-performance green building standard certification.
5-14-35. Initial determination of Bureau of Administration
No state building project may proceed to construction until the Bureau of Administration has
determined that the project is satisfactorily designed to achieve or exceed a high-performance
green building standard or that a waiver is granted pursuant §§ 5-14-32 to 5-14-38, inclusive.
5-14-36. Certification of achievement, waiver, or failure
Upon completion of a state building project, the Bureau of Administration shall certify:
(1) That the project achieved a high-performance green building standard;
(2) That a waiver was granted pursuant to §§ 5-14-32 to 5-14-38, inclusive; or
(3) That the project failed to comply with the provisions of §§ 5-14-32 to 5-14-38, inclusive.
5-14-37. Report to the Legislature
The Bureau of Administration shall annually report to the Legislature a listing of any state
building project which was granted a waiver or failed to comply with the provisions of §§ 5-1432 to 5-14-38, inclusive.
5-14-38. Promulgation of rules
The Bureau of Administration shall promulgate rules pursuant to chapter 1-26 establishing the
procedures and terms and conditions for certifying a project and granting waivers and the method
for calculating the initial costs and the decreased operational costs related to achieving highperformance green building standards.
12096859.2
Tennessee (back to top)
§ 13-20-202. Authority powers
(a) Any housing authority now or hereafter established under and pursuant to this chapter,
including any municipal housing authority whether created under and pursuant to the provisions
of such law or of any special statute, may carry out any undertaking hereinafter called a
“redevelopment project” and to that end may:
(1) Acquire blighted areas;
(2) Acquire other real property for the purpose of removing, preventing, or reducing blight,
blighting factors, or the causes of blight;
(3) Acquire real property where the condition of the title, the diverse ownership of the real
property to be assembled, the street or lot layouts, or other conditions, prevent a proper
development of the property and where the acquisition of the area by the authority is
necessary to carry out a redevelopment plan or urban renewal plan;
(4) Acting on its own or through third parties engaged to act on the housing authority's
behalf:
(A) Clear any areas acquired, including relocation of utility facilities and demolition, in
whole or in part, of buildings and improvements thereon and removal or remediation of
any environmental contamination;
(B) Install, construct, or reconstruct streets, utilities, and site improvements essential to
the preparation and development of sites for uses in accordance with a redevelopment
plan or urban renewal plan;
(C) Install, construct, or reconstruct parks, public open spaces, public playgrounds,
pedestrian ways and all parking structures regardless of use in accordance with a
redevelopment plan or urban renewal plan;
(D) Pay expenses for relocation, administrative costs, planning and engineering costs,
energy efficiency costs and legal expenses associated with exercising the powers
granted in this section or with carrying out a redevelopment plan or urban renewal plan;
(E) Pay the design costs, commissioning costs and fees and costs of required
documentation associated with meeting the requirements of Leadership in Energy and
Environmental Design (LEED), Green Globes or other similar programs, as well as
greening costs and energy modeling costs for certification by such programs of new
construction, existing buildings and other projects;
(F) Install, construct, add to, improve or reconstruct public infrastructure, including, but
not limited to, water, solid waste, transportation, telecommunication, energy use
12096859.2
capture and transmittal, power systems and alternative power systems or alternate
power projects that incorporate principles of urban sustainability, eco-efficiency and
global sustainable development; and
(G) Take all other necessary actions designed to further the goals and local objectives
articulated in the redevelopment plan or urban renewal plan;
(5) Sell or lease land so acquired for uses in accordance with the redevelopment plan or
urban renewal plan;
(6) Accomplish a combination of the foregoing to carry out a redevelopment plan or urban
renewal plan;
(7) Have and enjoy all the rights, powers, privileges and immunities granted to housing
authorities under such law, and/or under any special act by which the authority may have
been created, and/or any other provisions of law relating to slum clearance and housing
projects for persons of low income; and
(8)(A) Borrow money upon its bonds, notes or other evidences of indebtedness to finance
any of the foregoing and to carry out a redevelopment plan or urban renewal plan and secure
the same by pledges of its income and revenues generally or its income and revenues from a
particular redevelopment project or projects, including moneys received by any authority
and placed in a special fund or funds pursuant to tax increment financing provisions
contained in a redevelopment plan or urban renewal plan, or from grants or contributions
from any government, or in any other manner.
(B) Nothing contained in § 13-20-113, § 13-20-413 and/or in any special municipal
housing authorities law shall be construed as limiting the power of an authority, in the
event of default by a purchaser or lessee of land in a redevelopment plan or urban
renewal plan, to acquire property and operate it free from restrictions contained in §§
13-20-113 and 13-20-413, or in any special statute as aforementioned relating to tenant
selection or operation without profit.
(b) For the purposes of this section and the implementation of redevelopment districts as
delineated in §§ 13-20-201--13-20-205, community development agencies as defined in the
Community Development Act of 1974, as amended, of municipalities, will also be considered as
housing authorities and will have vested in them the powers as delineated in this section in which
housing authority redevelopment powers are vested, as long as public notice required in § 13-20203 is provided. This subsection (b) applies only in counties with populations greater than eight
hundred thousand (800,000), according to the 1990 federal census, or any subsequent federal
census and in counties with populations greater than one hundred thirty-four thousand seven
hundred (134,700) and less than one hundred thirty-four thousand eight hundred (134,800),
according to the 2000 federal census or any subsequent federal census.
(c) For the purposes of this part, a development authority created by private act and designated
by a municipality as its housing and redevelopment authority for purposes of this part shall also
12096859.2
be considered a housing authority and shall have the power to enter into an economic
development agreement as defined in § 4-17-302(2) and the powers delineated in this part, in
which housing authority redevelopment powers are vested, as long as public notice required in §
13-20-203 is provided; provided, however, a municipality shall not so designate a development
authority if the housing authority, if any, created by the municipality has ever issued any
obligations secured by tax increment revenues and in any event such designation shall only be
effective if the municipality shall first obtain the written consent of the housing authority, if any,
created by the municipality. Any redevelopment plan previously prepared by a development
authority created pursuant to any such private act and approved by a municipality shall be
deemed authorized by this subsection (c) and shall be deemed a valid redevelopment plan for
purposes of this part.
12096859.2
Vermont (back to top)
§ 53. Commercial building energy standards
(a) Definitions. In this subchapter, “commercial buildings” means all buildings that are not
residential buildings as defined in subdivision 51(a)(2) of this title or farm structures as defined
in 24 V.S.A. § 4413.
(1) The following commercial buildings, or portions of those buildings, separated from the
remainder of the building by thermal envelope assemblies complying with this section shall
be exempt from the building thermal envelope provisions of the standards:
(A) Those that do not contain conditioned space.
(B) Those with a peak design rate of energy usage less than an amount specified in
the commercial building energy standards (CBES) adopted under subsection (b) of
this section.
(2) These standards shall not apply to equipment or portions of building energy systems
that use energy primarily to provide for industrial or manufacturing processes.
(3) With respect to a structure that is a mixed-use building that shares residential and
commercial users:
(A) if the structure is three stories or fewer in height, the term “commercial building”
shall include all commercial uses within the structure and all common areas and
facilities that serve both residential and commercial uses; and
(B) if the structure is four stories or more in height, the term “commercial building”
shall include all uses and areas within the structure.
(b) Adoption of commercial building energy standards. Commercial building construction with
respect to which any local building permit application or application for construction plan
approval by the Commissioner of Public Safety pursuant to 20 V.S.A. chapter 173 has been
submitted on or after January 1, 2007 shall be designed and constructed in substantial
compliance with the standards contained in the 2005 Vermont Guidelines for Energy Efficient
Commercial Construction, as those standards may be amended by administrative rule adopted by
the Commissioner of Public Service.
(c) Revision and interpretation of energy standards. No later than January 1, 2011, the
Commissioner shall complete rulemaking to amend the commercial building energy standards to
ensure that commercial building construction must be designed and constructed in a manner that
complies with ANSI/ASHRAE/IESNA standard 90.1-2007 or the 2009 edition of the IECC,
whichever provides the greatest level of energy savings. These amendments shall be effective
three months after final adoption and shall apply to construction commenced on and after the
12096859.2
date they become effective. At least every three years after January 1, 2011, the Commissioner of
Public Service shall amend and update the CBES by means of administrative rules adopted in
accordance with 3 V.S.A. chapter 25. The Commissioner shall ensure that appropriate revisions
are made promptly after the issuance of updated standards for commercial construction under the
IECC or ASHRAE/ANSI/IESNA standard 90.1, whichever provides the greatest level of energy
savings. Prior to final adoption of each required revision of the CBES, the Department of Public
Service shall convene an Advisory Committee to include one or more mortgage lenders;
builders; building designers; architects; civil, mechanical, and electrical engineers; utility
representatives; and other persons with experience and expertise, such as consumer advocates
and energy conservation experts. The Advisory Committee may provide the Commissioner of
Public Service with additional recommendations for revision of the CBES.
(1) Any amendments to the CBES shall be:
(A) Consistent with duly adopted State energy policy, as specified in 30 V.S.A. §
202a.
(B) Evaluated relative to their technical applicability and reliability.
(2) Except for the amendments required by this subsection to be adopted by January 1,
2011, each time the CBES are amended by the Commissioner of Public Service, the
amended CBES shall become effective upon a date specified in the adopted rule, a date that
shall not be less than three months after the date of adoption. Except for the amendments
required by this subsection to be adopted by January 1, 2011, persons submitting an
application for any local permit authorizing commercial construction, or an application for
construction plan approval by the Commissioner of Public Safety pursuant to 20 V.S.A.
chapter 173, before the effective date of the amended CBES shall have the option of
complying with the applicable provisions of the earlier or the amended CBES. After the
effective date of the original or the amended CBES, any person submitting such an
application for commercial construction in an area subject to the CBES shall comply with
the most recent version of the CBES.
(3) The Advisory Committee convened under this subsection, in preparing for the CBES
updates, shall advise the Department of Public Service with respect to the coordination of
the CBES amendments with existing and proposed demand-side management programs
offered in the State.
(4) The Commissioner of Public Service is authorized to adopt rules interpreting and
implementing the CBES.
(5) The Commissioner of Public Service may grant written variances or exemptions from
the CBES or rules adopted under this section where strict compliance would entail practical
difficulty or unnecessary hardship, or is otherwise found unwarranted, provided that:
(A) Any such variance or exemption shall be consistent with State energy policy, as
specified in 30 V.S.A. § 202a.
12096859.2
(B) Any petitioner for such a variance or exemption can demonstrate that the
methods, means, or practices proposed to be taken in lieu of compliance with the rule
or rules provide, in the opinion of the Commissioner, equal energy efficiency to that
attained by compliance with the rule or rules.
(C) A copy of any such variance or exemption shall be recorded by the petitioner in
the land records of the city or town in which the building is located.
(D) A record of each variance or exemption shall be maintained by the
Commissioner, together with the certifications received by the Commissioner.
(d) Certification requirement.
(1) The design of commercial buildings shall be certified by the primary designer as
compliant with CBES in accordance with this subsection, except as compliance is excused
by a variance or exemption issued under subdivision (c)(5) of this section. If applicable law
requires that the primary designer be a licensed professional engineer, licensed architect, or
other licensed professional, a member of a pertinent licensed profession shall issue this
certification. If one or more licensed professional engineers or licensed architects is
involved in the design of the project, one of these licensees shall issue this certificate. If a
licensed professional engineer or a licensed architect is not involved in designing the
project, certification shall be issued by the builder. Any certification shall be accompanied
by an affidavit and shall certify that the designer acted in accordance with the designer's
professional duty of care in designing the building, and that the commercial building was
designed in substantial compliance with the requirements of the CBES. The Department of
Public Service will develop and make available to the public a certificate that lists key
requirements of the CBES, sets forth certifying language in accordance with this
subdivision, and requires disclosure of persons relied upon by the primary designer who
have contracted to indemnify the primary designer for damages arising out of that reliance.
Any person certifying under this subdivision shall use this certificate or one substantially
like it to satisfy these certification obligations. Certification shall be issued by completing
and signing a certificate and permanently affixing it to the outside of the heating or cooling
equipment, to the electrical service panel located inside the building, or in a visible location
in the vicinity of one of these three areas. In certifying under this subsection, the certifying
person may reasonably rely on one or more supporting affidavits received from other
persons that contributed to the design affirming that the portions of the design produced by
them were properly certifiable under this subsection. The certifying person may contract
for indemnification from those on which the person relies pursuant to this subdivision (1)
against damages arising out of that reliance. This indemnification shall not limit any rights
of action of an aggrieved party.
(2) The construction of a commercial building shall be certified as compliant with CBES in
accordance with this subsection, except as compliance is excused by a variance or
exemption issued under subdivision (c)(5) of this section. This certification shall be issued
by the general contractor, construction manager, or other party having primary
12096859.2
responsibility for coordinating the construction of the subject building, or in the absence of
such a person, by the owner of the building. Any certification shall be accompanied by an
affidavit and shall certify that the subject commercial building was constructed in
accordance with the ordinary standard of care applicable to the participating construction
trades, and that the subject commercial building was constructed substantially in
accordance with the construction documents including the plans and specifications certified
under subdivision (1) of this subsection for that building. The Department of Public Service
will develop and make available to the public a certificate that sets forth certifying
language in accordance with this subdivision, and that requires disclosure of persons who
have been relied upon by the person with primary responsibility for coordinating the
construction of the building and who have contracted to indemnify that person for damages
arising out of that reliance. The person certifying under this subdivision shall use that
certificate or one substantially like it to satisfy these certification obligations. Certification
shall be issued by completing and signing a certificate and permanently affixing it to the
outside of the heating or cooling equipment, to the electrical service panel located inside
the building, or in a visible location in the vicinity of one of these three areas. In certifying
under this subdivision, the certifying person may reasonably rely on one or more
supporting affidavits received from subcontractors or others engaged in the construction of
the subject commercial building affirming that the portions of the building constructed by
them were properly certifiable under this subdivision. The certifying person may contract
for indemnification from those on which the person relies pursuant to this subdivision (2)
against damages arising out of that reliance. This indemnification shall not limit any rights
of action of an aggrieved party.
(3) Any person certifying under this subsection shall provide a copy of the person's
certificate and any accompanying affidavit to the Department of Public Service.
(4) Provision of a certificate as required by subdivision (1) of this subsection and of a
certificate as required by subdivision (2) of this subsection shall be conditions precedent to:
(A) issuance by the Commissioner of Public Safety (or a municipal official acting
under 20 V.S.A. § 2736) of any final occupancy permit required by the rules of the
Commissioner of Public Safety for use or occupancy of a commercial building that is
also a public building as defined in 20 V.S.A. § 2730(a); and
(B) issuance by a municipality of a certificate of occupancy for residential
construction commencing on or after July 1, 2013, if the municipality requires such a
certificate under 24 V.S.A. chapter 117.
(e) Private right of action for damages against a certifier.
(1) Except as otherwise provided in this subsection, a person aggrieved by another person's
breach of that other person's representations contained in a certification or supporting
affidavit issued or received as provided under subsection (d) of this section, within 10 years
after the earlier of completion of construction or occupancy of the affected commercial
building or portion of that building, may bring a civil action in Superior Court against a
12096859.2
person who has an obligation of certifying compliance under subsection (d) of this section
alleging breach of the representations contained in that person's certification. This action
may seek injunctive relief, damages arising from the aggrieved party's reliance on the
accuracy of those representations, court costs, and reasonable attorneys' fees in an amount
to be determined by the court. As used in this subdivision, “damages” includes costs
incidental to increased energy consumption.
(2) A person's failure to affix the certification as required by this section shall not be an
affirmative defense in such an action against the person.
(3) The rights and remedies created by this section shall not be construed to limit any rights
and remedies otherwise provided by law.
(4) The right of action established in this subsection may not be waived by contract or other
agreement.
(5) It shall be a defense to an action under this subsection that either at the time of
completion or at any time thereafter, the commercial building or portion of building
covered by a certificate under subsection (d) of this section, as actually constructed, met or
exceeded the overall performance standards established in the CBES in effect on the date
construction was commenced.
(f) State or local enforcement. Any person who knowingly makes a false certification under
subsection (d) of this section, or any party who fails to certify under subsection (d) of this section
when required to do so, shall be subject to a civil penalty of not more than $250.00 per day, up to
$10,000.00 for each year the violation continues.
(g) Title validity not affected. A defect in marketable title shall not be created by a failure to
record a variance or exemption pursuant to subdivision (c)(5) of this section, by a failure to issue
certification or a certificate, as required under subsection (d) of this section, or by a failure under
that subsection to affix a certificate or provide a copy of a certificate to the department of public
service.
12096859.2
Virginia (back to top)
§ 58.1-3221.2. Classification of certain energy-efficient buildings for tax purposes
A. Energy-efficient buildings, not including the real estate or land on which they are located, are
hereby declared to be a separate class of property and shall constitute a classification for local
taxation separate from other classifications of real property. The governing body of any county,
city, or town may, by ordinance, levy a tax on the value of such buildings at a different rate from
that of tax levied on other real property. The rate of tax imposed by any county, city, or town on
such buildings shall not exceed that applicable to the general class of real property.
B. For purposes of this section, an energy-efficient building is any building that exceeds the
energy efficiency standards prescribed in the Virginia Uniform Statewide Building Code by 30
percent. Energy-efficient building certification for purposes of this subsection shall be
determined by any qualified architect, professional engineer, or licensed contractor who is not
related to the taxpayer and who shall certify to the taxpayer that he or she has qualifications to
provide the certification.
C. Notwithstanding the provisions of subsection B, for purposes of this section, an energyefficient building may also be any building that (i) meets or exceeds performance standards of
the Green Globes Green Building Rating System of the Green Building Initiative, (ii) meets or
exceeds performance standards of the Leadership in Energy and Environmental Design (LEED)
Green Building Rating System of the U.S. Green Building Council, (iii) meets or exceeds
performance standards or guidelines under the EarthCraft House Program, or (iv) is an Energy
Star qualified home, the energy efficiency of which meets or exceeds performance guidelines for
energy efficiency under the Energy Star program developed by the United States Environmental
Protection Agency. Energy-efficient building certification for purposes of this subsection shall be
determined by (a) the granting of a certification under one of the programs in clauses (i) through
(iv) that certifies the building meets or exceeds the performance standards or guidelines of the
program, or (b) a qualified architect or professional engineer designated by the county, city, or
town who shall determine whether the building meets or exceeds the performance standards or
guidelines under any program described in clauses (i) through (iv).
§ 2.2-1182. Short title; definitions
A. This article shall be known and may be cited as the High Performance Buildings Act.
B. As used in this article, unless the context requires a different meaning:
“High performance building certification program” means a public building design, construction,
and renovation program that meets the requirements of VEES.
“VEES” means the Virginia Energy Conservation and Environmental Standards developed by
the Department considering the U.S. Green Building Council (LEED) green building rating
standard, the Green Building Initiative “Green Globes” building standard, and other appropriate
requirements as determined by the Department.
12096859.2
§ 2.2-1183. Building standards; exemption
A. Any executive branch agency or institution entering the design phase for the construction of a
new building greater than 5,000 gross square feet in size or the renovation of a building where
the cost of the renovation exceeds 50 percent of the value of the building, shall conform to VEES
and the building shall be designed, constructed, verified, and operated to comply with the high
performance building certification program.
B. The Director of the Department may grant an exemption from the design and construction
standards required by subsection A upon a finding that special circumstances make the
construction or renovation to the standards impracticable.
12096859.2
Washington (back to top)
RCW 39.35D.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise.
(1)
"Department" means the department of enterprise services.
(2)
"High-performance public buildings" means high-performance public buildings
designed, constructed, and certified to a standard as identified in this chapter.
(3)
"Institutions of higher education" means the state universities, the regional
universities, The Evergreen State College, the community colleges, and the
technical colleges.
(4)
" LEED silver standard" means the United States green building council
leadership in energy and environmental design green building rating standard,
referred to as silver standard.
(5)
(a)
Major facility project" means: (i) A construction project larger than five
thousand gross square feet of occupied or conditioned space as defined in
the Washington state energy code; or (ii) a building renovation project
when the cost is greater than fifty percent of the assessed value and the
project is larger than five thousand gross square feet of occupied or
conditioned space as defined in the Washington state energy code.
(b)
"Major facility project" does not include: (i) Projects for which the
department, public school district, or other applicable agency and the
design team determine the LEED silver standard or the Washington
sustainable school design protocol to be not practicable; or (ii) transmitter
buildings, pumping stations, hospitals, research facilities primarily used
for sponsored laboratory experimentation, laboratory research, or
laboratory training in research methods, or other similar building types as
determined by the department. When the LEED silver standard is
determined to be not practicable for a project, then it must be determined
if any LEED standard is practicable for the project. If LEED standards or
the Washington sustainable school design protocol are not followed for the
project, the public school district or public agency shall report these
reasons to the department.
(6)
12096859.2
"Public agency" means every state office, officer, board, commission, committee,
bureau, department, and public higher education institution.
(7)
"Public school district" means a school district eligible to receive state basic
education moneys pursuant to RCW 28A.150.250 and 28A.150.260.
(8)
"Washington sustainable school design protocol" means the school design
protocol and related information developed by the office of the superintendent of
public instruction, in conjunction with school districts and the school facilities
advisory board.
RCW 39.35D.030
Standards for major facility projects — Annual reports.
(1)
All major facility projects of public agencies receiving any funding in a state
capital budget, or projects financed through a financing contract as defined in
RCW 39.94.020, must be designed, constructed, and certified to at least the
LEED silver standard. This subsection applies to major facility projects that have
not entered the design phase prior to July 24, 2005, and to the extent appropriate
LEED silver standards exist for that type of building or facility.
(2)
All major facility projects of any entity other than a public agency or public
school district receiving any funding in a state capital budget must be designed,
constructed, and certified to at least the LEED silver standard. This subsection
applies to major facility projects that have not entered the grant application
process prior to July 24, 2005, and to the extent appropriate LEED silver
standards exist for that type of building or facility.
(3)
(a)
Public agencies, under this section, shall monitor and document ongoing
operating savings resulting from major facility projects designed,
constructed, and certified as required under this section.
(b)
Public agencies, under this section, shall report annually to the department
on major facility projects and operating savings.
(4)
The department shall consolidate the reports required in subsection (3) of this
section into one report and report to the governor and legislature by September 1st
of each even-numbered year beginning in 2006 and ending in 2016. In its report,
the department shall also report on the implementation of this chapter, including
reasons why the LEED standard was not used as required by RCW
39.35D.020(5)(b). The department shall make recommendations regarding the
ongoing implementation of this chapter, including a discussion of incentives and
disincentives related to implementing this chapter.
(5)
For the purposes of determining compliance with the requirement for a project to
be designed, constructed, and certified to at least the LEED silver standard, the
department must credit one additional point for a project that uses wood products
with a credible third-party sustainable forest certification or from forests regulated
under chapter 76.09 RCW, the Washington forest practices act. For projects that
12096859.2
qualify for this additional point, and for which an additional point would have
resulted in formal certification under the LEED silver standard, the project must
be deemed to meet the standard under this section.
RCW 39.35D.040
Public school district major facility projects — Standards — Annual reports — Advisory
committee.
(1)
All major facility projects of public school districts receiving any funding in a
state capital budget must be designed and constructed to at least the LEED silver
standard or the Washington sustainable school design protocol. To the extent
appropriate LEED silver or Washington sustainable school design protocol
standards exist for the type of building or facility, this subsection applies to major
facility projects that have not received project approval from the superintendent of
public instruction prior to: (a) July 1, 2006, for volunteering school districts; (b)
July 1, 2007, for class one school districts; and (c) July 1, 2008, for class two
school districts.
(2)
Public school districts under this section shall: (a) Monitor and document
appropriate operating benefits and savings resulting from major facility projects
designed and constructed as required under this section for a minimum of five
years following local board acceptance of a project receiving state funding; and
(b) report annually to the superintendent of public instruction. The form and
content of each report must be mutually developed by the office of the
superintendent of public instruction in consultation with school districts.
(3)
The superintendent of public instruction shall consolidate the reports required in
subsection (2) of this section into one report and report to the governor and
legislature by September 1st of each even-numbered year beginning in 2006 and
ending in 2016. In its report, the superintendent of public instruction shall also
report on the implementation of this chapter, including reasons why the LEED
standard or Washington sustainable school design protocol was not used as
required by RCW 39.35D.020(5)(b). The superintendent of public instruction
shall make recommendations regarding the ongoing implementation of this
chapter, including a discussion of incentives and disincentives related to
implementing this chapter.
(4)
The superintendent of public instruction shall develop and issue guidelines for
administering this chapter for public school districts. The purpose of the
guidelines is to define a procedure and method for employing and verifying
compliance with the LEED silver standard or the Washington sustainable school
design protocol.
(5)
The superintendent of public instruction shall utilize the school facilities advisory
board as a high-performance buildings advisory committee comprised of affected
public schools, the superintendent of public instruction, the department, and
12096859.2
others at the superintendent of public instruction's discretion to provide advice on
implementing this chapter. Among other duties, the advisory committee shall
make recommendations regarding an education and training process and an
ongoing evaluation or feedback process to help the superintendent of public
instruction implement this chapter.
(6)
For projects that comply with this section by meeting the LEED silver standard,
the superintendent of public instruction must credit one additional point for a
project that uses wood products with a credible third-party sustainable forest
certification or from forests regulated under chapter 76.09 RCW, the Washington
forest practices act. For projects that qualify for this additional point, and for
which an additional point would have resulted in formal certification under the
LEED silver standard, the project must be deemed to meet the requirements of
subsection (1) of this section.
RCW 39.35D.050
Annual reports — Submission to legislature.
On or before January 1, 2009, the department and the superintendent of public instruction shall
summarize the reports submitted under RCW 39.35D.030(4) and 39.35D.040(3) and submit the
individual reports to the legislative committees on capital budget and ways and means for review
of the program's performance and consideration of any changes that may be needed to adapt the
program to any new or modified standards for high-performance buildings that meet the intent of
this chapter.
RCW 39.35D.060
Guidelines for administration of chapter — Amendment of fee schedules — Architecture
and engineering services — Building commissioning — Preproposal conferences —
Advisory committee.
(1)
12096859.2
(a)
The department, in consultation with affected public agencies, shall
develop and issue guidelines for administering this chapter for public
agencies. The purpose of the guidelines is to define a procedure and
method for employing and verifying activities necessary for certification
to at least the LEED silver standard for major facility projects.
(b)
The department and the office of the superintendent of public instruction
shall amend their fee schedules for architectural and engineering services
to accommodate the requirements in the design of major facility projects
under this chapter.
(c)
The department and the office of the superintendent of public instruction
shall procure architecture and engineering services consistent with chapter
39.80 RCW.
(d)
Major facility projects designed to meet standards identified in this chapter
must include building commissioning as a critical cost-saving part of the
construction process. This process includes input from the project design
and construction teams and the project ownership representatives.
(e)
As provided in the request for proposals for construction services, the
operating agency shall hold a preproposal conference for prospective
bidders to discuss compliance with and achievement of standards
identified in this chapter for prospective respondents.
(2)
The department shall create a high-performance buildings advisory committee
comprised of representatives from the design and construction industry involved
in public works contracting, personnel from the affected public agencies
responsible for overseeing public works projects, the office of the superintendent
of public instruction, and others at the department's discretion to provide advice
on implementing this chapter. Among other duties, the advisory committee shall
make recommendations regarding an education and training process and an
ongoing evaluation or feedback process to help the department implement this
chapter.
(3)
The department and the office of the superintendent of public instruction shall
adopt rules to implement this section.
RCW 39.35D.070
Liability for failure to meet standards.
A member of the design or construction teams may not be held liable for the failure of a major
facility project to meet the LEED silver standard or other LEED standard established for the
project as long as a good faith attempt was made to achieve the LEED standard set for the
project.
RCW 39.35D.080
Affordable housing projects — Exemption.
Except as provided in this section, affordable housing projects funded out of the state capital
budget are exempt from the provisions of this chapter. On or before July 1, 2008, the department
of community, trade, and economic development shall identify, implement, and apply a
sustainable building program for affordable housing projects that receive housing trust fund
(under chapter 43.185 RCW) funding in a state capital budget. The department of community,
trade, and economic development shall not develop its own sustainable building standard, but
shall work with stakeholders to adopt an existing sustainable building standard or criteria
appropriate for affordable housing. Any application of the program to affordable housing,
including any monitoring to track the performance of either sustainable features or energy
standards or both, is the responsibility of the department of community, trade, and economic
development. Beginning in 2009 and ending in 2016, the department of community, trade, and
economic development shall report to the department as required under RCW 39.35D.030(3)(b).
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RCW 39.35D.090
Use of local building materials and products — Intent.
It is the intent and an established goal of the LEED program as authored by the United States
green building council to increase demand for building materials and products that are extracted
and manufactured locally, thereby reducing the environmental impacts and to support the local
economy. Therefore, it is the intent of the legislature to emphasize this defined goal and establish
a priority to use Washington state based resources, building materials, products, industries,
manufacturers, and other businesses to provide economic development to Washington state and
to meet the objectives of this chapter.
RCW 39.35D.800
Performance review — Report.
The joint legislative audit and review committee, or its successor legislative agency, shall
conduct a performance review of the high-performance buildings program established under this
chapter.
(1)
(2)
The performance audit shall include, but not be limited to:
(a)
The identification of the costs of implementation of high-performance
building[s] standards in the design and construction of major facility
projects subject to this chapter;
(b)
The identification of operating savings attributable to the implementation
of high-performance building[s] standards, including but not limited to
savings in energy, utility, and maintenance costs;
(c)
The identification of any impacts of high-performance buildings standards
on worker productivity and student performance; and
(d)
An evaluation of the effectiveness of the high-performance building[s]
standards established under this chapter, and recommendations for any
changes in those standards that may be supported by the committee's
findings.
The committee shall make a preliminary report of its findings and
recommendations on or before December 1, 2010, and a final report on or before
July 1, 2011.
RCW 47.01.078
Transportation system policy goals — Duties.
To support achievement of the policy goals described in RCW 47.04.280, the department shall:
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(1)
Maintain an inventory of the condition of structures and corridors in most urgent
need of retrofit or rehabilitation;
(2)
Develop long-term financing tools that reliably provide ongoing maintenance and
preservation of the transportation infrastructure;
(3)
Balance system safety and convenience through all phases of a project to
accommodate all users of the transportation system to safely, reliably, and
efficiently provide mobility to people and goods;
(4)
Develop strategies to gradually reduce the per capita vehicle miles traveled based
on consideration of a range of reduction methods;
(5)
Consider efficiency tools, including high-occupancy vehicle and high-occupancy
toll lanes, corridor-specific and systemwide pricing strategies, active traffic
management, commute trip reduction, and other demand management tools;
(6)
Promote integrated multimodal planning; and
(7)
Consider engineers and architects to design environmentally sustainable, contextsensitive transportation systems.
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West Virginia (back to top)
§ 22-29-1. Short title and effective date
This article is called the Green Buildings Act and is effective July 1, 2012.
§ 22-29-2. Findings and purpose
(a) The Legislature finds that:
(1) Encouraging the construction of energy-efficient public buildings is in the public interest
and promotes the general welfare of the people of the state.
(2) Efficient energy use by public buildings contributes substantially to improving the
environment.
(3) Public buildings can be built in accordance with energy-efficient standards.
(b) This article is enacted to more efficiently spend public funds and protect the health and
welfare of West Virginia residents.
§ 22-29-3. Definitions
As used in this article:
(a) “ANSI” means the American National Standards Institute;
(b) “ASHRAE” means the American Society of Heating, Refrigerating and Air-Conditioning
Engineers;
(c) “IESNA” means the Illuminating Engineering Society of North America;
(d) “ICC” means the International Code Council; and
(e) “Public agency” means an agency of the state and political subdivisions, public institutions of
higher education and boards of education.
§ 22-29-4. Minimum energy standards for new building construction projects of public
agencies
All new building construction projects of public agencies that have not entered the schematic
design phase prior to July 1, 2012, or any building construction project receiving state grant
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funds and appropriations, including public schools, that have not entered the schematic design
phase prior to July 1, 2012, shall be designed and constructed complying with the ICC
International Energy Conservation Code, adopted by the State Fire Commission, and the
ANSI/ASHRAE/IESNA Standard 90.1-2007: Provided, That if any construction project has a
commitment of federal funds to pay for a portion of such project, this section shall only apply to
the extent such standards are consistent with the federal standards.
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Wisconsin (back to top)
EXECUTIVE ORDER # 145
Relating to Conserve Wisconsin and the Creation of High Performance Green Building
Standards and Energy Conservation for State Facilities and Operations
WHEREAS, the State of Wisconsin has a responsibility to save taxpayer dollars and
promote economic development while improving the environment and health of Wisconsin
citizens and future generations by incorporating high performance green building standards into
the design, construction and operations processes of state buildings; and
WHEREAS, Wisconsin has a proud tradition of national leadership in conservation,
energy and public health that provides a high quality of life for Wisconsin residents and
businesses; and
WHEREAS, the State of Wisconsin owns over 6,200 facilities with a total replacement
value in excess of $9.5 billion, costing more than $125 million dollars annually in utility costs
alone to operate; and
WHEREAS, high performance green building practices can substantially cut costs of
operating and maintaining state buildings over the life of the building such that a small
investment in green building design yields long-term financial benefits of more than ten times
the initial investment while conserving energy, water, materials and land, and improving worker
health and productivity; and
WHEREAS, the adoption of high performance green building standards in new and
existing buildings will help protect the health and well-being of our children, students,
employees and citizens; and
WHEREAS, Wisconsin state agencies, through their practices and through public/private
partnerships, can have quantifiable, positive environmental and economic impacts; and
WHEREAS, Wisconsin is dedicated to the environmental health and safety of its
employees, and to efficient and effective work environments in state-owned facilities; and
WHEREAS, the State of Wisconsin enjoys a unique and timely opportunity to design,
construct, and renovate buildings for the twenty-first century that will serve the needs of our
citizens and employees for years to come and that will incorporate a building’s life cycle and
reduced operating costs; and
WHEREAS, it is in the best interests of the people of Wisconsin that all state buildings
constructed, expanded, or renovated shall be modern facilities of the twenty-first century,
combining energy-efficient design, environmentally sustainable systems, and maximum access
and benefit to employees and the public;
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NOW, THEREFORE, I, JIM DOYLE, Governor of the State of Wisconsin by the
authority vested in me by the Constitution and the Laws of this State do hereby:
1.
Direct the Department of Administration, in consultation with state agencies and
the UW System, to set energy efficiency goals for state facilities, office buildings
or complexes, and campuses for FY07, FY08, and FY09 by July 30th 2006. The
goals should reduce overall actual energy usage per square foot by at least 10% by
FY08 from the FY05 state energy report baseline adjusted for weather and 20%
by 2010. I further direct the Department of Administration and state agencies to
use all existing statutory authority in implementing measures to achieve these
energy goals; and
2.
Direct the Department of Administration, in consultation with state agencies and
the UW System, to establish programs for energy analysis of state-owned
buildings and identify reduced energy use under section 16.858 of the Wisconsin
Statutes. In addition, any state agency responsible for state-owned facilities will
examine the feasibility for a performance contract for energy and operational cost
savings under section 16.858 of the Wisconsin Statutes. The Department of
Administration will provide centralized reporting and coordination of
comprehensive capital energy improvements; and
3.
Direct the Department of Administration to work with the Building Commission
and the Energy Center of Wisconsin to ensure that new state facilities are
constructed to be 30% more energy efficient than commercial code; and
4.
Direct the Department of Administration, in consultation with state agencies and
UW System, to ensure better oversight and management of energy purchasing
through measures such as utility billing audits, consolidation of accounts and
utility bills, and proactive elimination of unnecessary utility accounts; and
5.
Direct the Department of Administration to establish sustainable building
operation guidelines (for owned and leased properties), which shall be adopted by
the Division of State Facilities within six (6) months following the date of this
order, based on the Leadership in Energy and Environmental Design (LEED tm)
Green building Rating System for New Construction and existing Buildings and
other comparable sustainable guidelines and rating systems. The State guidelines
will recognize the use of wood-based materials and products from the Forest
Stewardship Council (FSC), American Tree Farm System (ATFS), and
Sustainable Forest Initiative (SFI) certification programs. For certification,
LEED tm and other comparable sustainable guidelines and rating systems may be
pursued and the Department of Administration will support projects that request
certification as part of the initial project request. In addition, the State will give
credit for the use of wood based products and materials from FSC, ATFS and SFI
certification programs when LEED tm certification is pursued. These guidelines
will apply to the operations and construction of all new buildings, additions and
retrofit projects, including planning, siting, budgeting, design, construction and
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deconstruction. In addition, these guidelines will address sustainable operation
and maintenance, including green cleaning, green purchasing waste reduction and
recycling, pollution prevention, energy and water efficiency, and light pollution in
existing buildings. The guidelines should include identifying performance data
that will be measured to assess the effectiveness of the efforts and for
benchmarking purposes. Progress and Outcomes will be reported annually to the
Governor’s office as well as the State of Wisconsin Building Commission; and
6.
Direct that the Department of Administration, at a minimum, shall ensure that on
each project the following approaches are implemented: an integrated design
process including high performance green goal-setting charrettes; energy
modeling used as a design tool and then truthed at the phase of construction
documents on buildings more than 20,000SF or Advanced Building Guidelines
for those up to 80,000SF; commissioning and retrocommissioning; review at
completion of Schematic Design, Design Development documents and
Construction Documents that the design intent of the green goals are incorporated
into the documents and are being met; minimum indoor air quality approaches to
construction; and, minimal ventilation requirements for indoor environmental
quality that meet the current version of ASHRAE, now ASHRAE 62.1- 2004
Ventilation for Acceptable Indoor Air Quality. Further, the Department of
Administration shall provide performance information on a project-by-project
basis as part of a statewide building performance database; and
7.
Direct the Department of Administration to pursue demonstration projects at state
facilities, including the Capitol and Executive Residence, regarding use of
photovoltaic (PV) and other renewable technologies to generate electricity and
use alternative fuels for heating and cooling; and
8.
Direct that each state agency and the UW System assign a lead person to work
with the Department of Administration in the development of the sustainability
and energy efficiency goals, the budget and management review, the purchasing
of renewable energy, and the implementation of the sustainable building
guidelines.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of
the State of Wisconsin to be affixed. Done at the Capitol in the City of Madison this eleventh
day of April, in the year two thousand and six.
JIM DOYLE
Governor
By the Governor:
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