1272-SAMHDUNSH2448.2SHB 1272H AMD71By Representative DunsheeADOPTED 03/04/2005 Strike everything after the enacting clause and insert thefollowing:NEW SECTION.Sec. (1) The legislature finds that publicbuildings can be built and renovated using highperformance methodsthat save money, improve school performance, and make workers moreproductive. Highperformance public buildings are proven to increasestudent test scores, reduce worker absenteeism, and cut energy andutility costs. (2) It is the intent of the legislature that stateowned buildingsand schools be improved by adopting recognized standards for highperformance public buildings and allowing flexible methods and choicesin how to achieve those standards. The legislature also intends thatpublic agencies and public school districts shall document costs andsavings to monitor this program and ensure that economic, community,and environmental goals are achieved each year, and that an independentperformance review be conducted to evaluate this program and determinethe extent to which the results intended by this chapter are being met.NEW SECTION.Sec. The definitions in this section applythroughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of general administration. (2) "Highperformance public buildings" means highperformancepublic buildings designed, constructed, and certified to a standard asidentified in this chapter. (3) "Institutions of higher education" means the stateuniversities, the regional universities, The Evergreen State College,the community colleges, and the technical colleges. (4) "LEED silver standard" means the United States green buildingcouncil leadership in energy and environmental design green buildingrating standard, referred to as silver standard. 1 (5)(a) "Major facility project" means: (i) A construction projectlarger than five thousand gross square feet of occupied or conditionedspace as defined in the Washington state energy code; or (ii) abuilding renovation project when the cost is greater than fifty percentof the assessed value and the project is larger than five thousandgross square feet of occupied or conditioned space as defined in theWashington state energy code. (b) "Major facility project" does not include: (i) Projects forwhich the department, public school district, or other applicableagency and the design team determine the LEED silver standard or theWashington sustainable school design protocol to be not practicable; or(ii) transmitter buildings, pumping stations, hospitals, researchfacilities primarily used for sponsored laboratory experimentation,laboratory research, or laboratory training in research methods, orother similar building types as determined by the department. When theLEED silver standard is determined to be not practicable for a project,then it must be determined if any LEED standard is practicable for theproject. If LEED standards or the Washington sustainable school designprotocol are not followed for the project, the public school districtor public agency shall report these reasons to the department. (6) "Public agency" means every state office, officer, board,commission, committee, bureau, department, and public higher educationinstitution. (7) "Public school district" means a school district eligible toreceive state basic education moneys pursuant to RCW 28A.150.250 and28A.150.260. (8) "Washington sustainable school design protocol" means theschool design protocol and related information developed by the stateboard of education and the office of the superintendent of publicinstruction, in conjunction with school districts and the schoolfacilities advisory board.NEW SECTION.Sec. (1) All major facility projects of publicagencies receiving any funding in a state capital budget, or projectsfinanced through a financing contract as defined in RCW 39.94.020, mustbe designed, constructed, and certified to at least the LEED silverstandard. This subsection applies to major facility projects that have 2 not entered the design phase prior to the effective date of thissection and to the extent appropriate LEED silver standards exist forthat type of building or facility. (2) All major facility projects of any entity other than a publicagency or public school district receiving any funding in a statecapital budget must be designed, constructed, and certified to at leastthe LEED silver standard. This subsection applies to major facilityprojects that have not entered the grant application process prior tothe effective date of this section and to the extent appropriate LEEDsilver standards exist for that type of building or facility. (3)(a) Public agencies, under this section, shall monitor anddocument ongoing operating savings resulting from major facilityprojects designed, constructed, and certified as required under thissection. (b) Public agencies, under this section, shall report annually tothe department on major facility projects and operating savings. (4) The department shall consolidate the reports required insubsection (3) of this section into one report and report to thegovernor and legislature by September 1st of each evennumbered yearbeginning in 2006 and ending in 2016. In its report, the departmentshall also report on the implementation of this chapter, includingreasons why the LEED standard was not used as required by section 2(5)(b) of this act. The department shall make recommendationsregarding the ongoing implementation of this chapter, including adiscussion of incentives and disincentives related to implementing thischapter.NEW SECTION.Sec. (1) All major facility projects of publicschool districts receiving any funding in a state capital budget mustbe designed and constructed to at least the LEED silver standard or theWashington sustainable school design protocol. To the extentappropriate LEED silver or Washington sustainable school designprotocol standards exist for the type of building or facility, thissubsection applies to major facility projects that have not receivedproject approval from the superintendent of public instruction priorto: (a) July 1, 2006, for volunteering school districts; (b) July 1,2007, for class one school districts; and (c) July 1, 2008, for classtwo school districts. 3 (2) Public school districts under this section shall: (a) Monitorand document appropriate operating benefits and savings resulting frommajor facility projects designed and constructed as required under thissection for a minimum of five years following local board acceptance ofa project receiving state funding; and (b) report annually to thesuperintendent of public instruction. The form and content of eachreport must be mutually developed by the office of the superintendentof public instruction in consultation with school districts. (3) The superintendent of public instruction shall consolidate thereports required in subsection (2) of this section into one report andreport to the governor and legislature by September 1st of each evennumbered year beginning in 2006 and ending in 2016. In its report, thesuperintendent of public instruction shall also report on theimplementation of this chapter, including reasons why the LEED standardor Washington sustainable school design protocol was not used asrequired by section 2(5)(b) of this act. The superintendent of publicinstruction shall make recommendations regarding the ongoingimplementation of this chapter, including a discussion of incentivesand disincentives related to implementing this chapter. (4) The state board of education, in consultation with thesuperintendent of public instruction, shall develop and issueguidelines for administering this chapter for public school districts.The purpose of the guidelines is to define a procedure and method foremploying and verifying compliance with the LEED silver standard or theWashington sustainable school design protocol. (5) The superintendent of public instruction shall utilize theschool facilities advisory board as a highperformance buildingsadvisory committee comprised of affected public schools, the stateboard of education, the superintendent of public instruction, thedepartment, and others at the superintendent of public instruction'sdiscretion to provide advice on implementing this chapter. Among otherduties, the advisory committee shall make recommendations regarding aneducation and training process and an ongoing evaluation or feedbackprocess to help the superintendent of public instruction and the stateboard of education implement this chapter.NEW SECTION.Sec. On or before January 1, 2009, the departmentand the superintendent of public instruction shall summarize the 4 reports submitted under sections 3(4) and 4(3) of this act and submitthe individual reports to the legislative committees on capital budgetand ways and means for review of the program's performance andconsideration of any changes that may be needed to adapt the program toany new or modified standards for highperformance buildings that meetthe intent of this chapter.NEW SECTION.Sec. (1)(a) The department, in consultation withaffected public agencies, shall develop and issue guidelines foradministering this chapter for public agencies. The purpose of theguidelines is to define a procedure and method for employing andverifying activities necessary for certification to at least the LEEDsilver standard for major facility projects. (b) The department and the office of the superintendent of publicinstruction shall amend their fee schedules for architectural andengineering services to accommodate the requirements in the design ofmajor facility projects under this chapter. (c) The department and the office of the superintendent of publicinstruction shall procure architecture and engineering servicesconsistent with chapter 39.80 RCW. (d) Major facility projects designed to meet standards identifiedin this chapter must include building commissioning as a critical costsaving part of the construction process. This process includes inputfrom the project design and construction teams and the projectownership representatives. (e) As provided in the request for proposals for constructionservices, the operating agency shall hold a preproposal conference forprospective bidders to discuss compliance with and achievement ofstandards identified in this chapter for prospective respondents. (2) The department shall create a highperformance buildingsadvisory committee comprised of representatives from the design andconstruction industry involved in public works contracting, personnelfrom the affected public agencies responsible for overseeing publicworks projects, the state board of education, the office of thesuperintendent of public instruction, and others at the department'sdiscretion to provide advice on implementing this chapter. Among otherduties, the advisory committee shall make recommendations regarding an 5 education and training process and an ongoing evaluation or feedbackprocess to help the department implement this chapter. (3) The department and the state board of education shall adoptrules to implement this section.NEW SECTION.Sec. A new section is added to chapter 28A.150RCW to read as follows: (1) In adopting implementation rules, the state board of education,in consultation with the superintendent of public instruction and thedepartment of general administration, shall review and modify thecurrent requirement for an energy conservation report review by thedepartment of general administration as provided in WAC 18027075. (2) In adopting implementation rules, the state board of education,in consultation with the superintendent of public instruction shall: (a) Review and modify the current requirements for valueengineering, constructability review, and building commissioning asprovided in WAC 18027080; (b) Review private and public utility providers' capacity andfinancial/technical assistance programs for affected public schooldistricts to monitor and report utility consumption for purposes ofreporting to the superintendent of public instruction as provided insection 4 of this act; (c) Coordinate with the department of general administration, thestate board of health, the department of ecology, federal agencies, andother affected agencies as appropriate in their consideration of rulesto implement this section.NEW SECTION.Sec. A new section is added to chapter 28B.10 RCWto read as follows: Institutions of higher education must comply with highperformancepublic building requirements under sections 1 through 3 and 6 of thisact.NEW SECTION.Sec. A new section is added to chapter 28A.150RCW to read as follows: Public school districts must comply with highperformance publicbuilding requirements under sections 1, 2, 4, 6, and 7 of this act. 6 NEW SECTION.Sec. A member of the design or constructionteams may not be held liable for the failure of a major facilityproject to meet the LEED silver standard or other LEED standardestablished for the project as long as a good faith attempt was made toachieve the LEED standard set for the project.NEW SECTION.Sec. A new section is added to chapter 39.04 RCWto read as follows: For purposes of determining compliance with chapter 39. RCW(sections 1 through 6, 10, and 12 through 14 of this act), thedepartment of general administration shall credit the project for usingwood products with a credible third party sustainable forestcertification or from forests regulated under chapter 76.09 RCW, theWashington forest practices act.NEW SECTION.Sec. Except as provided in this section,affordable housing projects funded out of the state capital budget areexempt from the provisions of this chapter. On or before July 1, 2008,the department of community, trade, and economic development shallidentify, implement, and apply a sustainable building program foraffordable housing projects that receive housing trust fund (underchapter 43.185 RCW) funding in a state capital budget. The departmentof community, trade, and economic development shall not develop its ownsustainable building standard, but shall work with stakeholders toadopt an existing sustainable building standard or criteria appropriatefor affordable housing. Any application of the program to affordablehousing, including any monitoring to track the performance of eithersustainable features or energy standards or both, is the responsibilityof 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 asrequired under section 3(3)(b) of this act.NEW SECTION.Sec. It is the intent and an established goal ofthe LEED program as authored by the United States green buildingcouncil to increase demand for building materials and products that areextracted and manufactured locally, thereby reducing the environmentalimpacts and to support the local economy. Therefore, it is the intent 7 of the legislature to emphasize this defined goal and establish apriority to use Washington state based resources, building materials,products, industries, manufacturers, and other businesses to provideeconomic development to Washington state and to meet the objectives ofthis chapter.NEW SECTION.Sec. The joint legislative audit and reviewcommittee, or its successor legislative agency, shall conduct aperformance review of the highperformance buildings programestablished under this chapter. (1) The performance audit shall include, but not be limited to: (a) The identification of the costs of implementation of highperformance building standards in the design and construction of majorfacility projects subject to this chapter; (b) The identification of operating savings attributable to theimplementation of highperformance building standards, including butnot limited to savings in energy, utility, and maintenance costs; (c) The identification of any impacts of highperformance buildingsstandards on worker productivity and student performance; and (d) An evaluation of the effectiveness of the highperformancebuilding standards established under this chapter, and recommendationsfor any changes in those standards that may be supported by thecommittee's findings. (2) The committee shall make a preliminary report of its findingsand recommendations on or before December 1, 2010, and a final reporton or before July 1, 2011.NEW SECTION.Sec. Sections 1 through 6, 10, and 12 through 14of this act constitute a new chapter in Title 39 RCW.--- END --- 8