HB4008 H GO AM 2-18
Thompson 3192

The Committee on Government Organization moves to amend the bill, on page one, line seventeen, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"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."
§22-29-2. Declaration of purpose.
(a) The Legislature declares that:
(1) Public buildings should 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 article:
(1) "Department" means the Department of Administration.

(2) "LEED silver standard" means the United States Green Building Council Leadership in Energy and Environmental Design (LEED) green building rating standard referred to as silver standard.
(3) "Green Globes" means the Green Building Initiative green building rating standard.
(4) "Major facility project" means:
(A) A building construction project larger than five thousand gross square feet of occupied space; or
(B) 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 space.
(5) "Public agency" means every state office, board, commission, committee, bureau, department or public institution of higher education, but does not include counties and municipalities.
§22-29-4. Green building standards.
(a) All major facility projects of public agencies when deemed appropriate should be designed and constructed to the LEED silver standard or the substantially equivalent Green Globes or other nationally recognized standard. This provision applies to major facility projects that have not entered the design phase prior to January 1, 2011.
(b) A major facility project does not have to meet the LEED silver standard or the substantially equivalent Green Globes or other nationally recognized standard if:
(1) There is no appropriate LEED silver standard or the substantially equivalent Green Globes or other nationally recognized 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 or the substantially equivalent Green Globes or other nationally recognized 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; or
(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 rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article. The rules shall include how the department will determine whether a project qualifies for an exception from the LEED silver standard or the substantially equivalent Green Globes or other nationally recognized standard, and the lesser green building standards that may be imposed on projects that are granted exceptions.
(b) The department shall monitor and document ongoing operating savings that result from major facility projects designed, constructed and certified as meeting the LEED silver standard or the substantially equivalent Green Globes or other nationally recognized standard and annually publish a public report of findings and recommended changes in policy. The report shall include a description of projects that were granted exceptions from the LEED silver standard or the substantially equivalent Green Globes or other nationally recognized standard, the reasons for exceptions, and the lesser green building standards imposed.
(c) The department shall create a Green Buildings Advisory Committee composed of representatives from the design and construction industries involved in public works contracting, personnel from affected public agencies that oversee public works projects, and others at the department's discretion, to provide advice on implementing this article. The advisory committee shall make recommendations to the department regarding:
(1) An education and training process for architects, engineers and contractors involved in the design, construction and renovation of public buildings; and
(2) An evaluation process to assist the department in its implementation of this article.
§22-29-6. Protection from liability.
No person, corporation or entity may be held liable for the failure of a major facility project to meet the LEED silver standard or the substantially equivalent Green Globes or other nationally recognized standard established for the project as long as a good faith attempt was made to achieve the standard set for the project."