HOUSE BILL NO. 422
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H0422aaS..............................by ENVIRONMENT, ENERGY AND TECHNOLOGY
STATE BUILDINGS - Adds to existing law to provide energy efficiency
requirements for state buildings, beginning in 2009.
01/25 House intro - 1st rdg - to printing
01/28 Rpt prt - to Env
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/07 3rd rdg - PASSED - 55-11-4
AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Block, Bock,
Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Collins,
Durst, Eskridge, Hagedorn, Harwood, Henbest, Henderson, Jaquet,
Killen, King, Labrador, Lake, LeFavour, Loertscher, Marriott,
Mathews, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Snodgrass, Stevenson,
Thomas, Trail, Vander Woude, Wood(27), Mr. Speaker
NAYS -- Barrett, Black, Bowers, Clark, Hart, Luker, McGeachin,
Mortimer, Moyle, Smith(24), Thayn
Absent and excused -- Crane, Kren, Wills, Wood(35)
Floor Sponsor - Eskridge
Title apvd - to Senate
02/08 Senate intro - 1st rdg - to St Aff
03/04 Rpt out - to 14th Ord
03/06 Rpt out amen - to 1st rdg as amen
03/07 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/12 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsors - McKenzie & Kelly
Title apvd - to House
03/13 House concurred in Senate amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/14 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 58-10-2
AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Crane, Durst, Eskridge, Hagedorn, Hart, Henbest, Henderson, Jaquet,
Killen, King, Labrador, LeFavour, Marriott, Mathews, Nielsen, Nonini,
Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts, Ruchti,
Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Thomas,
Trail, Vander Woude, Wills, Wood(27), Mr. Speaker
NAYS -- Barrett, Bowers, Harwood, Kren, Lake, Loertscher, Luker,
McGeachin, Mortimer, Moyle
Absent and excused -- Collins, Wood(35)
Floor Sponsor - Eskridge
Title apvd - to enrol
03/18 Rpt enrol - Sp signed
03/19 Pres signed
03/20 To Governor
03/25 Governor signed
Session Law Chapter 274
Effective: 07/01/08;
07/01/13 Sunset Clause
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 422
BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
1 AN ACT
2 RELATING TO ENERGY EFFICIENT STATE BUILDINGS; AMENDING TITLE 39, IDAHO CODE,
3 BY THE ADDITION OF A NEW CHAPTER 29, TITLE 39, IDAHO CODE, TO PROVIDE A
4 SHORT TITLE, TO PROVIDE LEGISLATIVE FINDINGS AND INTENT, TO DEFINE TERMS
5 AND TO PROVIDE REQUIREMENTS FOR MAJOR FACILITY PROJECTS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended
8 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
9 ter 29, Title 39, Idaho Code, and to read as follows:
10 CHAPTER 29
11 ENERGY EFFICIENT STATE BUILDINGS
12 39-2901. SHORT TITLE. This chapter shall be known and cited as the "Idaho
13 Energy Efficient State Buildings Act."
14 39-2902. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds that
15 serious energy challenges face the state of Idaho and that the operation of
16 Idaho state buildings consumes significant amounts of energy and electricity.
17 (2) The legislature finds that, with minimal if any additional cost,
18 there is considerable potential for energy savings and operational cost sav-
19 ings in the operation of both new and renovated state buildings if they are
20 designed and constructed to an energy savings target over and above the state
21 building code requirements.
22 (3) The legislature finds that by adopting energy savings measures into
23 the design and construction of state buildings the state has an opportunity to
24 demonstrate leadership to the private sector and to local government and to
25 provide both an environmental and a fiscal benefit for Idaho's citizens.
26 (4) It is the intent and established goal of the legislature to adopt an
27 energy performance target, including operational cost savings, for state
28 buildings and thereby reduce consumption of and dollars spent for energy by
29 the state of Idaho, and to have the state agencies occupying such buildings
30 document and report the costs of the buildings' design, construction and oper-
31 ation and the cost savings associated therewith.
32 39-2903. DEFINITIONS. As used in this chapter:
33 (1) "Full commissioning" means that a third-party commissioning authority
34 has validated and documented that the building and its systems are designed,
35 installed, tested and capable of being operated and maintained to perform in
36 accordance with the design intent, including energy performance. The full
37 commissioning process extends through all phases of the project, from concep-
38 tualization to occupancy and operation, with evaluation checks at each phase
39 to ensure validation of the building's performance.
40 (2) "Idaho state building authority" means the Idaho state building
2
1 authority as established in chapter 64, title 67, Idaho Code.
2 (3) "Major facility project" means:
3 (a) A building project constructed by a state agency or for occupancy or
4 use by a state agency that is larger than five thousand (5,000) gross
5 square feet of occupied or conditioned space as defined in the appropriate
6 building code adopted by the Idaho building code board pursuant to chapter
7 41, title 39, Idaho Code; or
8 (b) A building renovation project constructed by a state agency or for
9 occupancy or use by a state agency on an existing building that is larger
10 than five thousand (5,000) gross square feet of occupied or conditioned
11 space as defined in the appropriate building code adopted by the Idaho
12 building code board pursuant to chapter 41, title 39, Idaho Code, and with
13 a project cost greater than fifty percent (50%) of the assessed value of
14 the existing building.
15 (4) "Operational cost savings" means that the savings of the operational
16 costs of a major facility project constructed pursuant to section 39-2904(1),
17 Idaho Code, over a period of ten (10) years, will equal or be more than the
18 additional cost of construction of the building as required in section
19 39-3904, Idaho Code.
20 (5) "Permanent building fund advisory council" means the permanent build-
21 ing fund advisory council created in section 67-5710, Idaho Code.
22 (6) "State agency" means every state officer, department, division,
23 bureau, commission and board, including those in the legislative or judicial
24 branch and public postsecondary educational institutions. With the exception
25 of community college districts, for purposes of this chapter, "state agency"
26 does not include a political subdivision as defined in section 67-2320(5),
27 Idaho Code, or a public charter school as defined in section 33-5202A, Idaho
28 Code.
29 39-2904. MAJOR FACILITY PROJECTS. (1) All major facility projects receiv-
30 ing funding from the state general fund or the state permanent building fund
31 or financed through the Idaho state building authority shall be designed, con-
32 structed and certified to be at least thirty percent (30%) more efficient than
33 a building of equal size, function and orientation built on the same site to
34 the requirements of the then current state building codes as provided in sec-
35 tion 39-4109, Idaho Code. Full commissioning shall be considered on all major
36 facility projects.
37 (2) Subsection (1) of this section shall apply to major facility projects
38 that have not entered the schematic design phase prior to the effective date
39 of this chapter.
40 (3) A major facility project need not be designed, constructed and certi-
41 fied according to subsection (1) of this section if the permanent building
42 fund advisory council determines that such design and construction is not
43 fiscally prudent or is impractical or infeasible given the intended use of the
44 building.
45 (4) Beginning in 2009, on or before December 1 of each year, the division
46 of public works, in cooperation with each state agency that has constructed or
47 had constructed a major facility project as provided in subsection (1) of this
48 section, shall submit a report to the permanent building fund advisory coun-
49 cil. The report shall set forth:
50 (a) Any design and construction costs and ongoing operating costs of any
51 major facility project designed, constructed and certified by or for use
52 by the state agency pursuant to subsection (1) of this section incurred
53 during the previous state fiscal year; and
54 (b) A comparison of any costs reported under subsection (4)(a) of this
3
1 section to similar costs for a building of equal size, function and orien-
2 tation built on the same site to the requirements of the then current
3 state building codes as provided in section 39-4109, Idaho Code.
4 (5) Beginning in 2010, the permanent building fund advisory council shall
5 deliver a consolidated report to the governor and the legislature not later
6 than January 15 of each year. The consolidated report shall:
7 (a) Include the information contained in the report submitted to the
8 council pursuant to subsection (4) of this section; and
9 (b) Describe any major facility projects for which the application of
10 subsection (1) of this section was determined by the council to be not
11 fiscally prudent or impractical or infeasible given the intended use of
12 the building pursuant to subsection (3) of this section; and
13 (c) Advise the governor and the legislature regarding the ongoing imple-
14 mentation of this chapter.
15 (6) The governor shall designate a state office or agency to provide
16 technical assistance to the state agencies and the permanent building fund
17 advisory council on the implementation of this chapter.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
Moved by Little
Seconded by Kelly
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 422
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, delete lines 29 through 54 and on page 3,
3 delete lines 1 through 17 and insert:
4 "39-2904. MAJOR FACILITY PROJECTS. (1) To the extent it is fiscally pru-
5 dent and to the extent it is practical and feasible given the intended use of
6 the building, all major facility projects receiving funding from the state
7 general fund or the state permanent building fund or financed through the
8 Idaho state building authority shall be designed, constructed and certified to
9 meet a target of at least ten percent (10%) to thirty percent (30%) better
10 efficiency than a building of equal size, function and orientation built on
11 the same site to the requirements of then current state building codes as pro-
12 vided in section 39-4109, Idaho Code. Full commissioning shall be considered
13 on all major facility projects.
14 (2) The provisions of subsection (1) of this section shall apply to major
15 facility projects that have not entered the schematic design phase prior to
16 the effective date of this chapter.
17 (3) Beginning in 2009, on or before December 1 of each year, the division
18 of public works, in cooperation with each appropriate state agency, shall sub-
19 mit a report to the permanent building fund advisory council, the legislature
20 and the governor. The report shall describe the ongoing implementation of this
21 chapter with achieved energy efficiency data and supporting narrative for each
22 major facility project designed, constructed or certified as provided in sub-
23 section (1) of this section during the previous year.
24 (4) The governor shall designate a state office or agency to provide
25 technical assistance to the state agencies and the permanent building fund
26 advisory council on the implementation of this chapter.".
27 AMENDMENT TO THE BILL
28 On page 3, following line 17, insert:
29 "SECTION 2. The provisions of this act shall be null, void and of no
30 force and effect on and after July 1, 2013.".
31 CORRECTION TO TITLE
32 On page 1, in line 5, following "PROJECTS" insert: "; AND PROVIDING A SUN-
33 SET CLAUSE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 422, As Amended in the Senate
BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
1 AN ACT
2 RELATING TO ENERGY EFFICIENT STATE BUILDINGS; AMENDING TITLE 39, IDAHO CODE,
3 BY THE ADDITION OF A NEW CHAPTER 29, TITLE 39, IDAHO CODE, TO PROVIDE A
4 SHORT TITLE, TO PROVIDE LEGISLATIVE FINDINGS AND INTENT, TO DEFINE TERMS
5 AND TO PROVIDE REQUIREMENTS FOR MAJOR FACILITY PROJECTS; AND PROVIDING A
6 SUNSET CLAUSE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended
9 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
10 ter 29, Title 39, Idaho Code, and to read as follows:
11 CHAPTER 29
12 ENERGY EFFICIENT STATE BUILDINGS
13 39-2901. SHORT TITLE. This chapter shall be known and cited as the "Idaho
14 Energy Efficient State Buildings Act."
15 39-2902. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds that
16 serious energy challenges face the state of Idaho and that the operation of
17 Idaho state buildings consumes significant amounts of energy and electricity.
18 (2) The legislature finds that, with minimal if any additional cost,
19 there is considerable potential for energy savings and operational cost sav-
20 ings in the operation of both new and renovated state buildings if they are
21 designed and constructed to an energy savings target over and above the state
22 building code requirements.
23 (3) The legislature finds that by adopting energy savings measures into
24 the design and construction of state buildings the state has an opportunity to
25 demonstrate leadership to the private sector and to local government and to
26 provide both an environmental and a fiscal benefit for Idaho's citizens.
27 (4) It is the intent and established goal of the legislature to adopt an
28 energy performance target, including operational cost savings, for state
29 buildings and thereby reduce consumption of and dollars spent for energy by
30 the state of Idaho, and to have the state agencies occupying such buildings
31 document and report the costs of the buildings' design, construction and oper-
32 ation and the cost savings associated therewith.
33 39-2903. DEFINITIONS. As used in this chapter:
34 (1) "Full commissioning" means that a third-party commissioning authority
35 has validated and documented that the building and its systems are designed,
36 installed, tested and capable of being operated and maintained to perform in
37 accordance with the design intent, including energy performance. The full
38 commissioning process extends through all phases of the project, from concep-
39 tualization to occupancy and operation, with evaluation checks at each phase
40 to ensure validation of the building's performance.
2
1 (2) "Idaho state building authority" means the Idaho state building
2 authority as established in chapter 64, title 67, Idaho Code.
3 (3) "Major facility project" means:
4 (a) A building project constructed by a state agency or for occupancy or
5 use by a state agency that is larger than five thousand (5,000) gross
6 square feet of occupied or conditioned space as defined in the appropriate
7 building code adopted by the Idaho building code board pursuant to chapter
8 41, title 39, Idaho Code; or
9 (b) A building renovation project constructed by a state agency or for
10 occupancy or use by a state agency on an existing building that is larger
11 than five thousand (5,000) gross square feet of occupied or conditioned
12 space as defined in the appropriate building code adopted by the Idaho
13 building code board pursuant to chapter 41, title 39, Idaho Code, and with
14 a project cost greater than fifty percent (50%) of the assessed value of
15 the existing building.
16 (4) "Operational cost savings" means that the savings of the operational
17 costs of a major facility project constructed pursuant to section 39-2904(1),
18 Idaho Code, over a period of ten (10) years, will equal or be more than the
19 additional cost of construction of the building as required in section
20 39-3904, Idaho Code.
21 (5) "Permanent building fund advisory council" means the permanent build-
22 ing fund advisory council created in section 67-5710, Idaho Code.
23 (6) "State agency" means every state officer, department, division,
24 bureau, commission and board, including those in the legislative or judicial
25 branch and public postsecondary educational institutions. With the exception
26 of community college districts, for purposes of this chapter, "state agency"
27 does not include a political subdivision as defined in section 67-2320(5),
28 Idaho Code, or a public charter school as defined in section 33-5202A, Idaho
29 Code.
30 39-2904. MAJOR FACILITY PROJECTS. (1) To the extent it is fiscally pru-
31 dent and to the extent it is practical and feasible given the intended use of
32 the building, all major facility projects receiving funding from the state
33 general fund or the state permanent building fund or financed through the
34 Idaho state building authority shall be designed, constructed and certified to
35 meet a target of at least ten percent (10%) to thirty percent (30%) better
36 efficiency than a building of equal size, function and orientation built on
37 the same site to the requirements of then current state building codes as pro-
38 vided in section 39-4109, Idaho Code. Full commissioning shall be considered
39 on all major facility projects.
40 (2) The provisions of subsection (1) of this section shall apply to major
41 facility projects that have not entered the schematic design phase prior to
42 the effective date of this chapter.
43 (3) Beginning in 2009, on or before December 1 of each year, the division
44 of public works, in cooperation with each appropriate state agency, shall sub-
45 mit a report to the permanent building fund advisory council, the legislature
46 and the governor. The report shall describe the ongoing implementation of this
47 chapter with achieved energy efficiency data and supporting narrative for each
48 major facility project designed, constructed or certified as provided in sub-
49 section (1) of this section during the previous year.
50 (4) The governor shall designate a state office or agency to provide
51 technical assistance to the state agencies and the permanent building fund
52 advisory council on the implementation of this chapter.
53 SECTION 2. The provisions of this act shall be null, void and of no force
3
1 and effect on and after July 1, 2013.
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STATEMENT OF PURPOSE
RS 17465C2
Idaho Energy Efficient State Building Act
Upon the unanimous recommendation of the joint Energy,
Environment & Technology Interim Committee, this bill adopts the
Idaho Energy efficient State Building Act, requiring all major
state buildings, and building renovations, to be designed,
constructed and certified to a standard that achieves energy
savings at least 30% greater than the current state legislated
energy code. The requirement applies if a project: 1. Receives
funding from the state general fund or the state permanent
building account or is financed through the Idaho State Building
Authority; and 2. Is constructed by - or for occupancy by - a
state "officer, department, division, bureau, commission and
board, including those in the legislative or judicial branch and
public post secondary educational institutions." The bill
requires the Idaho Division of Public Works and state agencies to
monitor, document and annually report to the council the cost and
the savings of constructing and operating state buildings using
energy efficient methods, and requires the Council to report the
consolidated information to the Governor and Legislature.
Fiscal Impact
Energy efficient buildings often cost little or no more to build
than conventional designs but can reap significant cost savings
over the life of their occupancy. Based on construction
projected by the Idaho Department of Public Works and the three
state universities, and on current electric rates, the taxpayer's
cost savings to be realized by implementation of this bill during
the first five years is almost $1 million. Savings will be even
higher if electric rates rise as projected. Agencies and the
Division of Public Works will incur certain minimal costs in
monitoring and reporting on the implementation of the bill, but
those efforts can be met through existing budgets and staffing.
Contacts: Senators Kelly & Senator McKenzie,
Representatives, Eskridge, Anderson, & Boe
Phone: 322-1315
STATEMENT OF PURPOSE/FISCAL NOTE H 422