BILL REQ. #:  S-0816.1 

Read first time 01/21/09.   Referred to Committee on Environment, Water & Energy.

     AN ACT Relating to high-performance public buildings; and amending RCW 39.35D.020, 39.35D.030, 39.35D.040, 39.35D.060, 39.35D.070, and 39.35D.090.

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

Sec. 1   RCW 39.35D.020 and 2006 c 263 s 330 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of general administration.
     (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) "Globes standard" means the level of a building's sustainability and energy efficiency performance as determined by the green building initiative's green globes rating system.
     (5) "Green globes rating system" means the environmental building rating system established by the green building initiative.
     (6) "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))) (7)(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, the globes 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 or the globes standard is determined to be not practicable for a project, then it must be determined if any LEED standard or globes standard is practicable for the project. If LEED standards, globes standard, 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))) (8) "Public agency" means every state office, officer, board, commission, committee, bureau, department, and public higher education institution.
     (((7))) (9) "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))) (10) "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.

Sec. 2   RCW 39.35D.030 and 2005 c 12 s 3 are each amended to read as follows:
     (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 or the globes 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 or globes 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) 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, that are four stories or under must use wood and wood products as building materials for construction.
     (4)(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))) (5) The department shall consolidate the reports required in subsection (((3))) (4) 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 or globes standard was not used as required by RCW 39.35D.020(((5))) (7)(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.

Sec. 3   RCW 39.35D.040 and 2006 c 263 s 331 are each amended to read as follows:
     (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, the globes standard, or the Washington sustainable school design protocol. To the extent appropriate LEED silver, the globes, 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, the globes standards, or Washington sustainable school design protocol was not used as required by RCW 39.35D.020(((5))) (7)(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, the globes 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 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.

Sec. 4   RCW 39.35D.060 and 2006 c 263 s 332 are each amended to read as follows:
     (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 or the globes 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.

Sec. 5   RCW 39.35D.070 and 2005 c 12 s 10 are each amended to read as follows:
     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, the globes standard, or other LEED standard or globes standard established for the project as long as a good faith attempt was made to achieve the LEED or globes standard set for the project.

Sec. 6   RCW 39.35D.090 and 2005 c 12 s 13 are each amended to read as follows:
     It is the intent and an established goal of the LEED program as authored by the United States green building council and the green globes rating system authored by the green building initiative 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.