HOUSE BILL REPORT
ESSB 5509
As Reported by House Committee On:
Capital Budget
Title: An act relating to high-performance green buildings.
Brief Description: Concerning high-performance building standards.
Sponsors: Senate Committee on Water, Energy & Environment (originally sponsored by Senators Poulsen, Esser, Fraser, Schmidt, Pridemore, Fairley, Berkey, Kohl-Welles, Kline, Regala, Rockefeller, Weinstein, Brown, Keiser and McAuliffe).
Brief History:
Capital Budget: 3/17/05 [DP].
Brief Summary of Engrossed Substitute Bill |
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HOUSE COMMITTEE ON CAPITAL BUDGET
Majority Report: Do pass. Signed by 20 members: Representatives Dunshee, Chair; Jarrett, Ranking Minority Member; Hankins, Assistant Ranking Minority Member; Blake, Chase, Cox, Eickmeyer, Ericks, Ericksen, Flannigan, Green, Hasegawa, Lantz, Moeller, Morrell, O'Brien, Schual-Berke, Springer, Strow and Upthegrove.
Minority Report: Do not pass. Signed by 3 members: Representatives Holmquist, Kretz and McCune.
Staff: Susan Howson (786-7142).
Background:
"Green building" or sustainable building practices are measures of energy efficiency, water
conservation, waste minimization, pollution prevention, indoor environmental quality, and
resource-efficient materials during the lifetime of a building. These practices occur during
design, construction, and operation of a building and its landscaping. Two systems exist to
evaluate the degree of sustainability of a building project: Built Green™ and Leadership in
Energy and Environmental Design (LEED)™. Built Green is used primarily for residential
construction and remodeling; LEED is used for commercial projects and housing over four
stories. The LEED was established by the U.S. Green Building Council (USGBC).
The LEED Certification distinguishes building projects that have demonstrated a
commitment to sustainability by meeting a high level of performance standards. The
certification is a for fee process using a prerequisite and point system to rate a building's
energy efficiency. The LEED rated buildings are registered with USGBC during the design
process, and become fully certified upon completion of construction. The LEED focuses on
five major areas of environmental sustainability:
Prerequisites are specified in each of the above categories, and points must be earned in each
category for a building to become certified. The LEED also allows for innovation points to
encourage processes and technologies that are not yet mainstream, but show innovation and
creativity in building design. Buildings are rated on a four-step scale from lowest to highest:
LEED Certified, LEED Silver, LEED Gold, and LEED Platinum.
Since 2002, the Governor has issued three Executive Orders relating to sustainable practices
by state agencies, including building construction. The latest, Executive Order 05-01 issued
on January 5, 2005, establishes further sustainability and efficiency goals for state operations.
It contains additional direction relating to the use of forest products in all building
construction projects and major remodels over 25,000 gross square feet.
Executive Order 05-01 directs state agencies to incorporate green building practices in all
new construction projects and major remodels over 25,000 gross square feet entering
predesign in the 2005-07 biennium and thereafter. The LEED Silver standard certification is
required or an alternative equivalent certification as determined by the Department of General
Administration (GA).
The GA is directed to develop and implement a review to ensure that sustainable building
practices are consistent with LEED Silver standard. Building projects between 5,000 and
25,000 gross square feet and entering predesign or design in the 2005-07 biennium, are
subject to this review. The GA is authorized to collect a fee for review, training, and support
to other agencies, and develop processes and procedures to ensure that sustainable building
practices are incorporated into design and construction processes. The Executive Order
requires other targets and reductions to achieve gains in energy efficiency which are not
related to facilities.
Summary of Bill:
Definitions:
"Institutions of higher education" is defined as the state's public four-year baccalaureate
institutions, and the community and technical colleges.
"LEED Silver Standard" is defined as the U.S. Green Building Council Leadership in Energy
and Environmental Design green building rating standard, also referred to as silver standard.
"Major facility project" is defined as: (a) a construction project larger than 5,000 gross square
feet of occupied space; and (b) a building renovation project when the cost is greater than 50
percent of the assessed value and the project is larger than 5,000 gross square feet of
occupied space.
"Major facility project" does not include: (i) projects for which the GA, public school
district, or other applicable agency and the design team determine the LEED Silver standard
or the Washington sustainable school design protocol not to be practicable; or (ii) transmitter
buildings, pumping stations, hospitals, specified research facilities, or other similar building
types as determined by the GA. When the LEED Silver standard is 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 GA.
"Public agency" is defined as every state office, officer, board, commission, committee,
bureau, department, and public higher education institution.
"Public school district" is defined as a school district eligible to receive basic education
moneys pursuant to RCW 28A.150.250 and RCW 28A.150.260.
"Washington sustainable school design protocol" is defined as the school design protocol and
related information developed by the State Board of Education (SBE) and the Office of the
Superintendent of Public Instruction (OSPI), in conjunction with school districts and the
School Facilities Advisory Board.
Certification and Reporting Requirements
The LEED Silver certification is required for all major facility projects of public agencies and
any other entity receiving any funding in the Capital Budget, including projects financed
through financing contracts, to the extent appropriate LEED Silver Standards exist for the
building type. The LEED Silver certification or the Washington sustainable school design
protocol is required for all public school districts receiving any funding in the Capital Budget,
to the extent these standards exist for the building type. These requirements apply to public
agency projects that have not entered into the design phase prior to the effective date of the
bill. For other entities, these requirements apply to projects that have not entered the grant
application phase prior to the bill's effective date. Public school districts are subject to the
following dates:
Affordable housing projects receiving funding in the Capital Budget are exempt from the
certification requirements outlined in the bill. By July 1, 2008, the Department of
Community, Trade and Economic Development (DCTED) must identify, implement, and
apply a sustainable building program for Housing Trust Fund projects. From 2009 to 2016,
the DCTED must report major facility projects and operating savings to the GA.
Public agencies and public school districts must monitor and document ongoing operating
savings resulting from majority facility projects designed, constructed, and certified using
such standards. They must also report reasons why the LEED Standard was not used. The
results must be reported annually by public agencies to the GA and by public school districts
to the OSPI. The GA and the OSPI are directed to consolidate the individual reports into a
single biennial report due to the Governor and the Legislature on September 1 from 2006 to
2016.
By January 1, 2009, the GA and the OSPI must summarize the reports submitted to the
Governor and the Legislature and submit reports to the House Capital Budget Committee and
Senate Ways and Means Committee for review of the program's performance and
consideration of any changes that may be needed to adapt the program to any new or
modified standards for high-performance buildings.
Guidelines and Administration
The GA and the SBE are directed to develop and issue guidelines for agencies and public
school districts, including a procedure and method for verifying activities necessary for at
least LEED Silver certification or the Washington sustainable school design protocol. The
GA and the OSPI must amend their architectural and engineering fee schedules to
accommodate design requirements of major facility projects.
The GA and the SBE must create advisory committees to provide advice on implementing
the provisions of the bill, provide recommendations on an education process and an ongoing
evaluation or feedback process to help the GA and the SBE in their tasks.
In adopting implementation rules, the SBE must review and modify the current requirement
for an energy conservation report review by the GA. In addition, the SBE must: (a) review
and modify the current requirements for value engineering, constructability review, and
building commissioning; and (b) review private and public utility providers' capacity and
financial/technical assistance programs for affected public school districts to monitor and
report utility consumption for purposes of reporting to the OSPI.
Additional Provisions
Building commissioning and preproposal conferences are required for major facility projects.
Design or construction teams may not be held liable for failure to achieve the LEED
standard, if a good faith effort was made.
In determining compliance with this bill, the GA must credit a project for using wood
products with a credible third party sustainable forest certification or from forests regulated
under the Washington Forest Practices Act.
It is the intent of the Legislature to emphasize and establish a priority to use Washington
based resources, building materials, products, industries, manufacturers, and other business to
provide economic development to the state and to meet the objectives of the bill.
The Joint Legislative Audit and Review Committee is directed to conduct a performance
audit of the high-performance buildings program and submit a preliminary report to the
Legislature by December 1, 2010, and a final report by July 1, 2011.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: (In support) Bill sponsors worked very hard to resolve the specific concerns
raised by the timber and natural resource industries, local school districts, public housing
advocates, and our state's higher education institutions. The bill includes provisions that
address their concerns by giving agencies more flexibility to implement the standards,
without undermining the overall goals of the legislation. The bill sets improved building
performance goals in a manner that is reasonable and fiscally prudent. High performances
buildings improve working conditions for employees and students, improve the life-cycle
performance of state funded buildings and are good for public health. Environmentally,
benefits include: increased reuse of building materials, increased use of recycled materials
and products in the construction of high performance buildings which stimulates an increased
market for recycled products, and recycling areas are built into the design of "green"
buildings.
(In support with concerns) The K-12 system is greatly affected by this legislation. Schools
need to be able to choose the approach to sustainability that best meets their needs. Increased
education is needed when changes are implemented that effect how schools operate.
Incentives need to be included to help schools implement sustainable projects correctly. The
OSPI recommends incentives and a phase development and deployment process for
sustainable practices to help schools implement sustainable projects correctly.
Testimony Against: Many hidden costs exist with construction of high performance buildings. In the case of Thompson Elementary School in the Bethel School district, which followed the protocol proposed in this legislation, sustainable items alone increased construction costs 4.29 percent. Creating a High Performance Schools' fund that is separate from the state match process for school construction and funded at 4 percent would help cover additional costs for school districts.
Persons Testifying: (In support) Stan Bowman, American Institute of Architects Washington
Council; Clifford Traisman, Washington Environmental Council and Washington
Conservation Voters; Mitch Denning, Alliance of Educational Associations; and Angela Rae,
Washington State Recycling Association.
(In support with concerns) Bill Panos, State Board of Education and the Office of the
Superintendent of Public Instruction.
(Neutral) Todd Meyers, Washington Policy Center.
(Opposed) Grace Yuan, Preston, Gates and Ellis; and Nancy Josephson, Northshore School
District.