BILL REQ. #:  S-0897.1 

Read first time 01/26/2005.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to high-performance green buildings; adding a new section to chapter 39.04 RCW; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 28A.150 RCW; 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 public buildings can be built and renovated using high-performance methods that save money, improve school performance, and make workers more productive. High-performance green buildings are proven to increase student test scores, reduce worker absenteeism, and cut energy and utility costs.
     (2) It is the intent of the legislature that state-owned buildings and schools be improved by adopting nationally recognized standards for high-performance green buildings and allowing flexible methods and choices in how to achieve those standards. The legislature also intends that independent performance audits be used to monitor this program and ensure that our economic, community, and environmental goals are achieved each year.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Comparable design standard" means a standard, comparable to the LEED silver standard with equivalent thresholds, that has been approved by the state board of education for public school districts.
     (2) "Department" means the department of general administration.
     (3) "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.
     (4) "Major facility project" means: (a) A 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 transmitter buildings, pumping stations, or other similar building types as determined by the department.
     (5) "Public agency" means every state office, officer, board, commission, committee, bureau, department, and public higher education institution.
     (6) "Public higher education institution" means a public four-year college or university or a public two-year community or technical college.
     (7) "Public school district" means the same as described in RCW 28A.315.005.

NEW SECTION.  Sec. 3   (1) All major facility projects of public agencies receiving any funding in a state capital budget shall be designed, constructed, and certified to at least the LEED silver standard. This subsection (1) applies to major facility projects that have not entered the design phase prior to the effective date of this section.
     (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 shall be designed, constructed, and certified to at least the LEED silver standard. This subsection (2) applies to major facility projects that have not entered the design phase prior to the effective date of this section and to the extent appropriate LEED silver standards exist for that type of building or facility.
     (3) All major facility projects of public school districts shall be designed, constructed, and certified to at least the LEED silver standard or a comparable design standard. This subsection (3) applies to major facility projects that have not entered the design phase prior to: (a) July 1, 2006, for class one school districts; and (b) July 1, 2007, for class two school districts.
     (4) Public agencies and public school districts shall monitor and document ongoing operating savings resulting from major facility projects designed, constructed, and certified as required under this section. Public agencies shall report annually to the department on its major facility projects and operating savings, while public school districts shall report annually to the office of the superintendent of public instruction.
     (5) The department and the superintendent of public instruction shall each consolidate the reports required in subsection (4) of this section into one report and each shall report to the governor and legislature by September 1st of each even-numbered year beginning in 2006. In its report, the department and superintendent of public instruction shall also report on the implementation of this chapter and make recommendations regarding the ongoing implementation of this chapter, including a discussion of incentives and disincentives related to implementing this chapter.

NEW SECTION.  Sec. 4   (1)(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 shall amend its fee schedule for architectural and engineering services to accommodate the requirements in the design of major facility projects under this chapter.
     (2) The state board of education, in consultation with the department and 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 a comparable design standard in major facility projects.
     (3) The department shall create a high-performance buildings advisory committee comprised of affected public agencies, the state board of education, the office of the superintendent of public instruction, and others at the department's discretion to provide advice on implementing this chapter. Among other things, the advisory committee shall make recommendations regarding an education and training process and an ongoing evaluation or feedback process to help the department and the state board of education implement this chapter.

NEW SECTION.  Sec. 5   A new section is added to chapter 39.04 RCW to read as follows:
     (1) Notwithstanding any other provision in this chapter, public works project requests for proposals or bids on major facility projects required to be high-performance green buildings under chapter 39.-- RCW (sections 1 through 4 of this act) shall provide for performance-based contracting, building commissioning, or responsible bidding as necessary to design, construct, and certify the major facility project to meet the LEED silver standard. Major facility projects required to be high-performance green buildings must include building commissioning as a critical cost-saving part of the construction process. In addition, project design and construction team participants and project ownership representatives are required in the requests for proposals or bids on major facility projects to engage in a facilitated design process that develops understanding of the LEED silver standard criteria, initiated early and maintained consistently throughout all phases of design and decision making.
     (2) The department of general administration shall adopt rules to implement this section.

NEW SECTION.  Sec. 6   A new section is added to chapter 28B.10 RCW to read as follows:
     Higher education institutions must comply with high-performance green building requirements under chapter 39.-- RCW (sections 1 through 4 of this act).

NEW SECTION.  Sec. 7   A new section is added to chapter 28A.150 RCW to read as follows:
     School districts must comply with high-performance green building requirements under chapter 39.-- RCW (sections 1 through 4 of this act).

NEW SECTION.  Sec. 8   Sections 1 through 4 of this act constitute a new chapter in Title 39 RCW.