Senate Bill No. 301
(By Senators Foster, White, Unger and Kessler)
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[Introduced February 19, 2009; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §22-29-1, §22-29-2,
§22-29-3, §22-29-4, §22-29-5 and §22-29-6, all relating to the
adoption of green building standards for the construction or
renovation of public buildings over fifty thousand square feet
in size.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §22-29-1, §22-29-2,
§22-29-3, §22-29-4, §22-29-5 and §22-29-6, all to read as follows:
ARTICLE 29. GREEN BUILDINGS.
§22-29-1. Short title and effective date.
This article is called the "Green Buildings Act" and shall be effective July 1, 2009.
§22-29-2. Findings and purpose.
(a) The Legislature finds that:
(1) Energy costs for public buildings are skyrocketing and
will likely continue to increase.
(2) Energy use by public buildings contributes substantially
to the problems of pollution and global warming.
(3) Public buildings can be built and renovated using
high-performance methods that save energy costs, preserve the
environment, and make workers and students more productive.
(b) This article is enacted to more efficiently spend public
funds and protect the health and welfare of West Virginia
residents.
§22-29-3. Green buildings.
As used in this section:
(1) "Department" means the Department of Administration.
(2) "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.
(3) "Major facility project" means:
(A) A building construction project larger than fifty thousand
gross square feet of occupied or conditioned space; or
(B) A building renovation project when the cost is greater
than ninety percent of the assessed value and the project is larger than fifty thousand gross square feet of occupied or conditioned
space.
(4) "Public agency" means every state office, board,
commission, committee, bureau, department or public institution of
higher education, including counties and municipalities.
§22-29-4. Green building standards.
(a) All major facility projects of public agencies shall be
designed and constructed with LEED standards included in the design
process. The LEED silver standard should be the goal where
practical and financially affordable. This provision applies to
major facility projects that have not entered the schematic design
phase prior to July 1, 2009.
(b) All major facility projects of a public school district,
where the project receives any state funding, shall be designed and
constructed with LEED standards included in the design process.
The LEED silver standard should be the goal where practical and
financially affordable. This provision applies to major facility
projects that have not entered the schematic design phase prior to
July 1, 2009.
(c) All major facility projects by any person, corporation or
entity other than a public agency or public school district, where
the project receives any state funding, shall be designed and
constructed with LEED standards included in the design process.
The LEED silver standard should be the goal where practical and financially affordable. This provision applies to major facility
projects that have not entered the grant application process prior
to July 1, 2009.
(d) A major facility project does not have to follow the LEED
silver standard if:
(1) There is no appropriate LEED silver standard for that type
of building or renovation project. In such case, the department
will set lesser green building standards that are appropriate to
the project.
(2) There is no practical way to apply the LEED silver
standard to a particular building or renovation project. In such
case, the department will set lesser green building standards that
are appropriate to the project.
(3) The building or renovation project is an electricity
transmitter building, a water pumping station or a hospital.
§22-29-5. Administration and reports.
(a) The department shall propose such rules for legislative
approval as are necessary to enforce this article in accordance
with the provisions of article three, chapter twenty-nine-a of this
code. Those rules shall include how the department will implement
green building standards using the LEED silver standard as the goal
where it is practical and financially affordable, and the lesser
green building standards that may be imposed on projects that do
not easily fall within the LEED standards.
(b) The department shall monitor and document ongoing
operating savings that result from major facility projects designed
and constructed using the LEED silver standard and annually publish
a public report of findings and recommended energy saving design
standards that can be applied to future projects. The report shall
also include a description of projects that were excluded from the
LEED design criteria, the reasons for exceptions, and the lesser
green building standards imposed.
(c) The report shall be provided to the Legislature and the
West Virginia Chapter of the American Institute of Architects for
its review.
§22-29-6. Sunset provision.
These standards shall continue to exist, until July 1, 2014,
unless sooner terminated, continued or reestablished pursuant to
legislative action.
NOTE:
The purpose of this bill is for the adoption of green
building standards for the construction or renovation of public
buildings over fifty thousand square feet in size.
This article is new; therefore, strike-throughs and
underscoring have been omitted.