BILL REQ. #:  S-0558.2 

Read first time 01/20/11.   Referred to Committee on Natural Resources & Marine Waters.

     AN ACT Relating to enhancing the use of Washington natural resources in public buildings; amending RCW 39.35D.010, 39.35D.020, 39.35D.030, 39.35D.040, 39.35D.060, and 39.35D.080; and repealing RCW 39.35D.070 and 39.35D.090.

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

Sec. 1   RCW 39.35D.010 and 2009 c 519 s 8 are each amended to read as follows:
     (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 public buildings are proven to increase student test scores, reduce worker absenteeism, and cut energy and utility costs.
     (2)(a) It is the intent of the legislature that state-owned buildings and schools be improved by adopting recognized standards for high-performance public buildings, reducing energy consumption, and allowing flexible methods and choices in how to achieve those standards and reductions.
     (b) Further, the legislature intends to increase demand for building materials and products that are extracted and manufactured locally, thereby reducing environmental impacts and supporting the local economy. It is the intent of the legislature to emphasize and establish a priority to use Washington state-based resources, wood and wood products, building materials, products, industries, manufacturers, and other businesses to provide economic development to Washington state and to meet the objectives of this chapter.
     (c) The legislature also intends that public agencies and public school districts shall document costs and savings to monitor this program and ensure that economic, community, and environmental goals are achieved each year, and that an independent performance review be conducted to evaluate this program and determine the extent to which the results intended by this chapter are being met.
     (3) The legislature further finds that state agency leadership is needed in the development of preparation and adaptation actions for climate change to ensure the economic health, safety, and environmental well-being of the state and its citizens.

Sec. 2   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) (("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))) (5) "Public agency" means every state office, officer, board, commission, committee, bureau, department, and public higher education institution.
     (((7))) (6) "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))) (7) "Washington sustainable ((school)) design protocol" means the ((school)) design protocol and related information developed by the department and the office of the superintendent of public instruction((, in conjunction with school districts and the school facilities advisory board)) that incorporates all the United States green building council leadership in energy and environmental design green building rating standard, except for the provisions relating to wood certification that discriminate against Washington wood.

Sec. 3   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. 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)) Washington sustainable design protocol beginning July 1, 2012.
     (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)) Washington sustainable design protocol beginning July 1, 2012.
     (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)) Washington sustainable design protocol was not used as required by RCW 39.35D.020(((5))) (4)(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. 4   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 or the)) Washington sustainable ((school)) design protocol beginning July 1, 2012. ((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))) (4)(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 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. 5   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)) Washington sustainable design protocol 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. 6   RCW 39.35D.080 and 2005 c 12 s 12 are each amended to read as follows:
     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)) For any new housing projects after July 1, 2012, the department of ((community, trade, and economic development)) commerce shall identify, implement, and apply ((a sustainable building program)) the Washington sustainable design protocol 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)) commerce 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)) commerce. Beginning in 2009 and ending in 2016, the department of ((community, trade, and economic development)) commerce shall report to the department as required under RCW 39.35D.030(3)(b).

NEW SECTION.  Sec. 7   The following acts or parts of acts are each repealed:
     (1) RCW 39.35D.070 (Liability for failure to meet standards) and 2005 c 12 s 10; and
     (2) RCW 39.35D.090 (Use of local building materials and products--Intent) and 2005 c 12 s 13.