BILL REQ. #:  S-3793.2 

Read first time 01/22/14.   Referred to Committee on Governmental Operations.

     AN ACT Relating to establishing the LEED plus W high-performance building standard; amending RCW 39.35D.020, 39.35D.030, 39.35D.040, 39.35D.060, 39.35D.070, and 39.35D.090; adding a new section to chapter 39.35D RCW; creating new sections; providing an effective date; and providing expiration dates.

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

NEW SECTION.  Sec. 1   The legislature finds that research has shown the importance of reducing environmental impacts through building design. The primary focus of high-performance building design under state law has been an attempt to reduce heating and cooling requirements over the course of a building's lifetime. However, what has been overlooked are opportunities to reduce energy consumption, carbon emissions, and other environmental impacts at earlier stages in the building prior to and during construction.
     The selection of building materials and products, such as using wood and wood products, provides substantial opportunities to reduce lifetime energy consumption, carbon emissions, and other environmental impacts. A key component of comprehensive life-cycle analysis is the energy and carbon expended in the manufacturing and production of the building materials being considered in the construction of public facilities.
     Additionally, a thorough examination of the state building code for any barriers to the use of wood, and an examination of available options to address those barriers, is necessary to ensure that the state can benefit, to the maximum extent possible, from the energy and environmental benefits of this resource.

Sec. 2   RCW 39.35D.020 and 2011 1st sp.s. c 43 s 249 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 enterprise services.
     (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)) plus W standard" means the ((United States green building council leadership in)) energy and environmental design ((green building rating)) standard((, referred to as silver standard)) developed and maintained under section 3 of this act.
     (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)) plus W 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)) plus W 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) "Public agency" means every state office, officer, board, commission, committee, bureau, department, and public higher education institution.
     (7) "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) "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.
     (9) "Embodied energy" means the total amount of energy consumed or emitted to extract, manufacture, assemble, transport, and install materials or products.

NEW SECTION.  Sec. 3   A new section is added to chapter 39.35D RCW to read as follows:
     (1) The department must develop a high-performance public building standard, to be known as the LEED plus W standard, designed to maximize the sustainability and environmental performance of major facility projects.
     (2) The LEED plus W standard must address the multiple facets of high-performance public buildings in categories including energy use and efficiency, sustainable building materials and resources, site planning, water efficiency, and indoor environmental quality.
     (3) In designing and maintaining the LEED plus W standard, the department must ensure that at least:
     (a) Thirty percent of the total points or credits available in the standard relate to energy. The point allocation for energy must be based on a life cycle assessment of the building and building materials and products to include a comprehensive analysis of the project's energy use ranging from the embodied energy, post-construction energy efficiency and use, and end-of-life disposal of materials and products; and
     (b) Fifteen percent of the total points or credits available relate to sustainable building materials and resources. This point allocation must: (i) Recognize wood and other low-embodied carbon and energy products as environmentally preferred products; (ii) recognize materials and products extracted or produced in Washington; and (iii) provide equitable treatment of wood that has received any credible third-party sustainable forest certification.
     (4) Once in effect, the LEED plus W standard must be reviewed and updated, if necessary and consistent with the provisions of this section, every five years beginning in 2015. The department must include the results of the review and a summary of any changes made in the report required under RCW 39.35D.030(4). The department may include in the review and report any legislative recommendations along with the results of the review, whether relating to recommended changes to this chapter or otherwise.

Sec. 4   RCW 39.35D.030 and 2011 c 99 s 1 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)) plus W 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)) plus W 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)(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 information required under section 3 of this act and, if applicable, reasons why the LEED plus W standard was not used as required by RCW 39.35D.020(5)(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.
     (((5) For the purposes of determining compliance with the requirement for a project to be designed, constructed, and certified to at least the LEED silver standard, the department must credit one additional point for a project that uses wood products with a credible third-party sustainable forest certification or from forests regulated under chapter 76.09 RCW, the Washington forest practices act. For projects that qualify for this additional point, and for which an additional point would have resulted in formal certification under the LEED silver standard, the project must be deemed to meet the standard under this section.))

Sec. 5   RCW 39.35D.040 and 2011 c 99 s 2 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)) plus W standard or the Washington sustainable school design protocol. ((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 plus W standard or Washington sustainable school design protocol was not used as required by RCW 39.35D.020(5)(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)) plus W 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.
     (((6) For projects that comply with this section by meeting the LEED silver standard, the superintendent of public instruction must credit one additional point for a project that uses wood products with a credible third-party sustainable forest certification or from forests regulated under chapter 76.09 RCW, the Washington forest practices act. For projects that qualify for this additional point, and for which an additional point would have resulted in formal certification under the LEED silver standard, the project must be deemed to meet the requirements of subsection (1) of this section.))

Sec. 6   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)) plus W 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. 7   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)) plus W standard or other ((LEED)) standard established for the project as long as a good faith attempt was made to achieve the ((LEED)) standard set for the project.

Sec. 8   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 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.

NEW SECTION.  Sec. 9   (1) The state building code council must, in consultation with appropriate agencies, subject matter experts, and stakeholders:
     (a) Review the state building code and identify: Existing barriers in the code to the use of wood and wood products; options to facilitate the greater use of wood and wood products; the safety, performance, and energy efficiency and embodied energy benefits, challenges, and any costs associated with each of those options; and make legislative recommendations; and
     (b) Review the international green construction code and identify the benefits, challenges, and any costs to the state and its citizens associated with its inclusion in the state building code; and make legislative recommendations regarding its potential inclusion in the state building code.
     (2) The state building code council must provide a report to the appropriate committees of the senate and house of representatives that includes its findings and any recommendations by December 31, 2014.
     (3) This section expires June 30, 2015.

NEW SECTION.  Sec. 10   (1) The department of enterprise services must consult with the high-performance buildings advisory committee established under RCW 39.35D.060 and other appropriate agencies, subject matter experts, and stakeholders in developing the initial standard required under section 3 of this act. The department of enterprise services must submit the standard to the appropriate committees of the senate and house of representatives by December 31, 2014. The legislature may review and, if desired, direct modifications by legislative enactment during the 2015 legislative session.
     (2) This section expires December 31, 2015.

NEW SECTION.  Sec. 11   Sections 2, 4, and 5 through 8 of this act take effect July 1, 2015.