Senate Bill sb2136c2

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    Florida Senate - 2007                    CS for CS for SB 2136

    By the Committees on Environmental Preservation and
    Conservation; Education Pre-K - 12; and Senator Constantine




    592-2521-07

  1                      A bill to be entitled

  2         An act relating to education facilities;

  3         creating s. 1013.441, F.S.; establishing the

  4         Green Schools Pilot Project to enable selected

  5         school districts to comply with certain

  6         building-certification standards; defining the

  7         term "additional costs"; providing for an

  8         application and selection process for

  9         participation in the pilot project; providing

10         requirements for school districts to

11         participate; providing for evaluation criteria

12         that may be used during the selection process;

13         providing for the distribution of funds by the

14         Department of Education; providing for prorated

15         distribution of funds under specified

16         circumstances; providing authority to

17         distribute excess funds for specified purposes;

18         requiring the reporting of expenditures by

19         participating school districts; authorizing

20         inspection and evaluation of the reports by the

21         Auditor General; providing for the return of

22         improperly expended funds and of specified

23         funds if a constructed or renovated school

24         fails to achieve specified certification

25         standards; providing that appropriated funds do

26         not revert to the General Revenue Fund;

27         requiring a report by each participating school

28         district; providing an appropriation; providing

29         an effective date.

30  

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2007                    CS for CS for SB 2136
    592-2521-07




 1         Section 1.  Section 1013.441, Florida Statutes, is

 2  created to read:

 3         1013.441  Green Schools Pilot Project.--

 4         (1)  The Legislature finds that it is cost-effective

 5  and healthy for the public and the environment to build

 6  schools that maximize low-water usage and incorporate energy

 7  efficiencies, renewable energy, and recycling technologies

 8  into the construction of schools. Therefore, the Green Schools

 9  Pilot Project is established for selected school districts for

10  the purpose of incorporating the Leadership in Energy and

11  Environmental Design (LEED) silver-level or the Green Globes

12  two-globe rating or better building-certification standards

13  into every new educational building construction project and,

14  when feasible, every educational building renovation project.

15         (2)  LEED building certification standards are defined

16  by the United States Green Building Council and the Green

17  Globes certification standards are defined by the Green

18  Building Initiative. Both standards address the total effect

19  that new buildings have on the environment so as to maximize

20  energy efficiency and to minimize adverse effects on the

21  environment.

22         (3)  For purposes of this section, the term "additional

23  costs" means the expenditures that are necessary to build a

24  complete school to LEED silver-level or Green Globes two-globe

25  or better building-certification standards but that exceed the

26  expenditures necessary to build a complete school in

27  compliance with this chapter. Such additional costs may

28  include, but are not limited to, registration and

29  certification fees charged for certification of the school to

30  LEED silver-level or Green Globes two-globe or better

31  building-certification standards.

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    Florida Senate - 2007                    CS for CS for SB 2136
    592-2521-07




 1         (4)(a)  The Department of Education, in consultation

 2  with the Florida Energy Office, shall develop by August 1,

 3  2007, an application process for school districts to

 4  participate in the pilot project. Three school districts shall

 5  be selected by the State Board of Education by January 1,

 6  2008, to participate in the pilot project. One school district

 7  shall be in a county having a population of 1 million or more

 8  residents; one school district shall be in a county having a

 9  population of 250,000 to 999,999 residents; and one school

10  district shall be in a county having a population of fewer

11  than 250,000 residents. School districts selected to

12  participate in the pilot project shall, to the greatest extent

13  possible, represent geographically different regions of the

14  state.

15         (b)  At a minimum, each school district selected by the

16  State Board of Education to participate in the pilot project

17  must:

18         1.  Demonstrate that it implements sound financial

19  management practices by producing documentation that indicates

20  that the school district for the preceding 3 years has had no

21  material weaknesses or instances of material noncompliance

22  noted in its annual audits required under s. 218.39.

23         2.  Engage a design team that has demonstrated

24  knowledge and experience in high-performance green building

25  construction.

26         3.  Commit to building at least one complete school to

27  LEED silver-level or Green Globes two-globe or better

28  building-certification standards. A school built to such

29  building-certification standards shall be designated as a

30  "Green School."

31  

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    Florida Senate - 2007                    CS for CS for SB 2136
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 1         (c)  When selecting school districts to participate in

 2  the pilot project, evaluation criteria implemented by the

 3  State Board of Education may include, but need not be limited

 4  to, school districts that demonstrate a high percentage of

 5  environmentally inefficient schools or school districts that

 6  propose innovative methods for improving water savings, energy

 7  efficiency, or indoor environmental quality.

 8         (5)(a)  From funds appropriated for the Green Schools

 9  Pilot Program, the department shall distribute to each

10  participating school district an amount sufficient to fund the

11  additional costs required to build one complete school to LEED

12  silver-level or Green Globes two-globe or better

13  building-certification standards.

14         1.  If appropriated funds are insufficient to fund the

15  total of additional costs required to build three complete

16  schools to LEED silver-level or Green Globes two-globe or

17  better building-certification standards, the department shall

18  prorate funds available and make distributions based on the

19  ratio of each school's additional costs relative to the total

20  of additional costs for the three schools.

21         2.  If appropriated funds remain after the

22  distribution, such funds may be distributed by the department

23  to one or more of the participating school districts to fund

24  the additional costs required to build other new schools or to

25  renovate existing schools to LEED silver-level or Green Globes

26  two-globe or better building-certification standards.

27         (b)  Participating school districts must annually

28  report to the department the expenditure of funds received

29  under paragraph (a). The reports must be open to inspection

30  and examination by the Auditor General. A participating school

31  district must return to the department:

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    Florida Senate - 2007                    CS for CS for SB 2136
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 1         1.  Any funds found by the Auditor General to have been

 2  improperly expended.

 3         2.  Funds received under paragraph (a) for the

 4  construction or renovation of a school if LEED silver-level or

 5  Green Globes two-globe certification or better is not obtained

 6  for the school within 1 year after its completion.

 7         (c)  Notwithstanding s. 216.301 and pursuant to s.

 8  216.351, undisbursed balances of appropriations for the Green

 9  Schools Pilot Program do not revert to the General Revenue

10  Fund but shall be retained by the department to be used for

11  purposes of this section.

12         (6)  Each participating school district shall deliver

13  to the Governor, the President of the Senate, the Speaker of

14  the House of Representatives, and the Commissioner of

15  Education a report on the effects Green Schools have had on

16  student performance and health, operational costs, energy

17  consumption, and the environment in the district. This report

18  shall be submitted by July 1 of the year after a Green School

19  has been in full operation for 3 years.

20         Section 2.  For the 2007-2008 fiscal year, the sum of

21  $3.5 million in nonrecurring funds is appropriated from the

22  Public Education Capital Outlay and Debt Service Trust Fund to

23  the Department of Education for the purpose of funding the

24  additional costs required for the new construction of three

25  complete schools to LEED silver-level or Green Globes

26  two-globe or better building-certification standards under the

27  Green Schools Pilot Project.

28         Section 3.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                    CS for CS for SB 2136
    592-2521-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                     CS for Senate Bill 2136

 3                                 

 4  The committee substitute adds more specificity to the
    Legislative intent. Provides that the school districts
 5  selected for the pilot project incorporate Leadership in
    Energy and Environmental Design (LEED) silver level or Green
 6  Globes two-globe rating or better for building certification
    standards into every new educational building construction
 7  project.

 8  Defines the term "additional costs."

 9  Clarifies that the school districts are to be selected by the
    State Board of Education. Clarifies what selected school
10  districts must do to actually receive the pilot project.

11  Provides that if appropriated funds are insufficient to fund
    the total of additional costs required to build three complete
12  schools to the specified standards, the department shall
    prorate the available funds.
13  
    Requires a participating school district to return to the
14  department any funds found by the Auditor General to have been
    improperly expended.
15  
    Requires that the participating school districts must also
16  give the Commissioner of Education a copy of the report that
    is required to be given to the Governor, the President of the
17  Senate, and the Speaker of the House of Representatives.
    Appropriates $3.5 million from the Public Education Capital
18  Outlay and Debt Service Trust Fund instead of the General
    Revenue Fund for the pilot project.
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