BILL REQ. #:  H-0383.3 

Read first time 01/20/2003.   Referred to Committee on State Government.

     AN ACT Relating to establishing green building programs; and adding a new chapter to Title 39 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that buildings can be designed, constructed, renovated, operated, and maintained in a cost-effective, resource efficient, and environmentally responsible manner. This is commonly known as "sustainable," "green," or "high performance" building. The legislature further finds that sustainable buildings generally integrate technologies, practices, and systems that are:
     (a) Environmentally sound. Sustainable buildings optimize energy, water, and materials efficiency; improve indoor environmental quality and comfort; use environmentally preferable products and processes; are sited to ensure access to public transportation and affordable housing; take advantage of proper building orientation; and preserve community and historic integrity; and
     (b) The result of superior design and construction methods. Sustainable buildings apply life cycle costing to evaluate all relevant design and construction costs.
     (2) The legislature declares that the goals of the state of Washington, consistent with executive order 02-03, are to site, design, construct, renovate, operate, and maintain state buildings that are models of energy, water, and materials efficiency, while providing healthy, productive, and comfortable indoor environments and long-term benefits to the state's residents. The legislature intends the sustainable building goal to be implemented in a cost-effective manner, while considering externalities, identifying economic and environmental performance measures, determining cost savings, using life cycle costing, and adopting an integrated systems approach.
     To this end the legislature intends to authorize and direct that public agencies adopt the United States green building council leadership in energy and environmental design green building rating system. The legislature further intends that this rating system guide the siting, design, construction, operation, and maintenance of state-funded major facilities entering into the predesign process after July 1, 2003.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Public agency" means every state office, officer, board, commission, committee, bureau, department, public higher education institution, and school district.
     (2) "Department" means the department of general administration.
     (3) "Major facility" means (a) a state-funded construction project larger than five thousand gross square feet of occupied space, and (b) 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 space.
     "Major facility" does not include garages, maintenance facilities, transmitter buildings, pumping stations, or other similar building types as determined by the department.
     (4) "State-funded" means, except for school districts, the public agency received an appropriation for the facility or project in the capital or transportation appropriations act. For school districts, "state-funded" means a project that receives assistance from the state school construction assistance grants.

NEW SECTION.  Sec. 3   (1) Except as provided in subsection (2) of this section, if a public agency, or school district that receives one hundred percent of its funding for a major facility from the state or federal government, or both, determines that any major facility is to be constructed or renovated, then during the design phase of the construction or renovation the agency shall require the use of the United States green building council leadership in energy and environmental design "silver standard" according to the guidelines developed in section 4 of this act.
     (2) If a school district receives less than one hundred percent of its funding for a major facility from the state, federal government, or both, then during the design phase of the construction or renovation the school district shall require the use of the lower United States green building council leadership in energy and environmental design "certified standard," or a comparable design standard with equivalent thresholds as may be adopted by the department, according to the guidelines developed in section 4 of this act.
     (3) A new project over fifty thousand square feet and a building renovation project when the cost is greater than fifty percent of the assessed value and the project is greater than fifty thousand square feet must be certified through the United States green building council leadership in energy and environmental design certification process.
     (4) If possible, any project that is required to be certified under this section is encouraged to exceed the silver standard rating.
     (5) The design of a state-funded construction project that is not a major facility must include applicable green building principles when practical in the design and construction phases.

NEW SECTION.  Sec. 4   (1) The department, in consultation with affected public agencies, shall develop and issue guidelines for administering this chapter. The purpose of the guidelines is to define a procedure and method for employing the United States green building council leadership in energy and environmental design silver and certified standards, or comparable design standards with equivalent thresholds as may be adopted by the department.
     (2) The department shall develop processes and systems to most effectively deliver a United States green building council leadership in energy and environmental design silver and certified standard, or comparable design standard with equivalent thresholds as may be adopted by the department, and verify compliance with the established standard.
     (3) The department and affected agencies shall provide a biennial report to the legislature on their efforts in implementing this chapter.

NEW SECTION.  Sec. 5   The department and affected agencies must collaborate to identify and include in their biennial report to the legislature any existing conflicts between sustainable building requirements and other requirements of the state.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 39 RCW.