| 1 | A bill to be entitled |
| 2 | An act relating to school construction; defining the term |
| 3 | "green schools"; encouraging the creation of a green |
| 4 | schools action committee by district school boards and |
| 5 | consortia of entities involved in matters concerning |
| 6 | green schools; providing suggestions concerning the |
| 7 | membership and duties of the committee; requiring school |
| 8 | principals to encourage efforts concerning green schools; |
| 9 | requiring that the Department of Education and the |
| 10 | Department of Environmental Protection, in coordination |
| 11 | with various interest groups, create a program to |
| 12 | recognize or award efforts or achievements concerning |
| 13 | green schools; specifying entities that are eligible for |
| 14 | such recognition or award; encouraging such departments |
| 15 | to form partnerships with the private sector to help fund |
| 16 | the program; amending s. 1013.04, F.S.; providing for the |
| 17 | evaluation of school district educational facilities |
| 18 | plans to include an assessment of performance in the area |
| 19 | of integration of certain low-energy usage features and |
| 20 | passive design features; amending s. 1013.23, F.S.; |
| 21 | providing a statement of policy concerning the creation |
| 22 | of public facilities and the use of cost savings produced |
| 23 | by energy efficiency and conservation measures; intending |
| 24 | that district school boards design new buildings or major |
| 25 | renovations to earn a specified rating concerning energy |
| 26 | and environmental design; providing an exception |
| 27 | concerning the construction or renovation projects for |
| 28 | which design is commenced by a specified date; |
| 29 | encouraging district school boards to incorporate design |
| 30 | elements into certain construction or renovation projects |
| 31 | which involve achievement of a specified rating; amending |
| 32 | s. 1013.42, F.S.; requiring that, in administering the |
| 33 | School Infrastructure Thrift Program, the Department of |
| 34 | Education promote the creation of educational facilities |
| 35 | meeting goals concerning cost and energy savings and |
| 36 | environmental preservation; providing for inclusion of |
| 37 | criteria concerning cost and energy savings and |
| 38 | environmental preservation in the design of the program; |
| 39 | amending s. 1013.64, F.S.; providing that cost per |
| 40 | student station does not include costs for meeting |
| 41 | certain energy efficiency and conservation requirements; |
| 42 | amending s. 1013.72, F.S.; revising criteria concerning a |
| 43 | school district's eligibility for an award under the |
| 44 | School Infrastructure Thrift Program; authorizing a |
| 45 | higher award for improvements that lower a facility's |
| 46 | operational costs while improving its energy efficiency |
| 47 | or environmental safety; authorizing the Commissioner of |
| 48 | Education to present a trophy or plaque and a cash award |
| 49 | to the school district that wins an award concerning |
| 50 | construction of energy-efficient educational facilities |
| 51 | as recommended by the Office of Educational Facilities |
| 52 | and SMART Schools Clearinghouse; providing an effective |
| 53 | date. |
| 54 |
|
| 55 | Be It Enacted by the Legislature of the State of Florida: |
| 56 |
|
| 57 | Section 1. Encouragement of efforts concerning green |
| 58 | schools.-- |
| 59 | (1) As used in this section, the term "green schools" |
| 60 | means the planned and ongoing interconnection of built and |
| 61 | natural environments certified and approved by the Florida |
| 62 | Building Commission. |
| 63 | (2) The Legislature encourages each district school board |
| 64 | and each consortium of district school boards or private schools |
| 65 | to create a green schools action committee consisting of members |
| 66 | that include administrators, construction and grounds staff, |
| 67 | teachers, students, parents, and interested environmental |
| 68 | organizations. The committee should: |
| 69 | (a) Review polices and activities concerning conservation, |
| 70 | energy and water use, cleaning solutions, pest management, |
| 71 | recycling efforts, school lunch programs, and the construction |
| 72 | or renovation of educational facilities; |
| 73 | (b) Review the curriculum's consistency with outstanding |
| 74 | efforts that involve green schools and that enhance the quality |
| 75 | of education while preserving the environment; and |
| 76 | (c) Recommend to the school board or principal a plan that |
| 77 | includes policies and activities to be considered by the |
| 78 | district or school. The plan should be considered by the school |
| 79 | board and may be changed prior to adoption. |
| 80 | (3) Each school principal is responsible for encouraging, |
| 81 | implementing, and monitoring efforts that concern green schools |
| 82 | and should include the school advisory committee in such |
| 83 | efforts. |
| 84 | (4) Each district school board may annually submit its |
| 85 | plan and an end-of-year evaluation concerning the implementation |
| 86 | of this section and achievements associated with such |
| 87 | implementation to the Department of Education and the Department |
| 88 | of Environmental Protection. |
| 89 | (5) The Department of Education and the Department of |
| 90 | Environmental Protection shall, in coordination with |
| 91 | representatives of the business community, the environmental |
| 92 | community, and the energy community, develop a program to |
| 93 | provide awards or recognition for outstanding efforts or |
| 94 | achievements under this section. Entities that are eligible for |
| 95 | such an award or recognition include students, classes, |
| 96 | teachers, schools, or district school boards. The Legislature |
| 97 | encourages the Department of Education and the Department of |
| 98 | Environmental Protection to form partnerships with the private |
| 99 | sector which help fund the program. |
| 100 | Section 2. Subsection (1) of section 1013.04, Florida |
| 101 | Statutes, is amended to read: |
| 102 | 1013.04 School district educational facilities plan |
| 103 | performance and productivity standards; development; |
| 104 | measurement; application.-- |
| 105 | (1) The Office of Educational Facilities and SMART Schools |
| 106 | Clearinghouse shall develop and adopt measures for evaluating |
| 107 | the performance and productivity of school district educational |
| 108 | facilities plans. The measures may be both quantitative and |
| 109 | qualitative and must, to the maximum extent practical, assess |
| 110 | those factors that are within the districts' control. The |
| 111 | measures must, at a minimum, assess performance in the following |
| 112 | areas: |
| 113 | (a) Frugal production of high-quality projects. |
| 114 | (b) Efficient finance and administration. |
| 115 | (c) Optimal school and classroom size and utilization |
| 116 | rate. |
| 117 | (d) Safety. |
| 118 | (e) Core facility space needs and cost-effective capacity |
| 119 | improvements that consider demographic projections. |
| 120 | (f) Level of district local effort. |
| 121 | (g) Effective integration of the low-energy usage features |
| 122 | and the passive design features that are specified in s. 1013.01 |
| 123 | into projects to construct or renovate educational, auxiliary, |
| 124 | or ancillary facilities. |
| 125 | Section 3. Section 1013.23, Florida Statutes, is amended |
| 126 | to read: |
| 127 | 1013.23 Energy efficiency and conservation contracting.-- |
| 128 | (1) LEGISLATIVE INTENT.--The Legislature finds that |
| 129 | investment in energy efficiency and conservation measures in |
| 130 | educational facilities can reduce the amount of energy consumed |
| 131 | and produce immediate and long-term savings. It is the policy of |
| 132 | this state to encourage school districts, community colleges, |
| 133 | and state universities to invest in energy efficiency and |
| 134 | conservation measures that reduce energy consumption, produce a |
| 135 | cost savings, and improve the quality of indoor air in |
| 136 | facilities, and, when economically feasible, to build, operate, |
| 137 | maintain, or renovate educational facilities in such a manner so |
| 138 | as to minimize energy consumption and maximize energy savings. |
| 139 | It is further the policy of this state to encourage school |
| 140 | districts, community colleges, and state universities to |
| 141 | reinvest any energy savings resulting from energy efficiency and |
| 142 | conservation measures into additional energy efficiency and |
| 143 | conservation efforts. It is also the policy of this state to |
| 144 | create public facilities that support and enhance the natural |
| 145 | environment, contribute to the well-being of future generations, |
| 146 | and provide relief for taxpayers by reducing the operating costs |
| 147 | of educational facilities. |
| 148 | (2) DEFINITIONS.--As used in For purposes of this section, |
| 149 | the term: |
| 150 | (a) "Energy efficiency and conservation measure" means a |
| 151 | training program, facility alteration, or equipment to be used |
| 152 | in new construction, including an addition to an existing |
| 153 | facility, that reduces energy costs, and includes, but is not |
| 154 | limited to: |
| 155 | 1. Insulation of the facility structure and systems within |
| 156 | the facility. |
| 157 | 2. Storm windows and doors, caulking or weatherstripping, |
| 158 | multiglazed windows and doors, heat-absorbing, or heat- |
| 159 | reflective, glazed and coated window and door systems, |
| 160 | additional glazing, reductions in glass area, and other window |
| 161 | and door system modifications that reduce energy consumption. |
| 162 | 3. Automatic energy control systems. |
| 163 | 4. Heating, ventilating, or air-conditioning system |
| 164 | modifications or replacements. |
| 165 | 5. Replacement or modifications of lighting fixtures to |
| 166 | increase the energy efficiency of the lighting system which, at |
| 167 | a minimum, shall conform to the Florida Building Code. |
| 168 | 6. Energy recovery systems. |
| 169 | 7. Cogeneration systems that produce steam or forms of |
| 170 | energy such as heat, as well as electricity, for use primarily |
| 171 | within a facility or complex of facilities. |
| 172 | 8. Energy efficiency and conservation measures that |
| 173 | provide long-term operating cost reductions and significantly |
| 174 | reduce Btu consumed. |
| 175 | 9. Renewable energy systems, such as solar, biomass, and |
| 176 | wind. |
| 177 | 10. Devices which reduce water consumption or sewer |
| 178 | charges. |
| 179 | (b) "Energy cost savings" means: |
| 180 | 1. A measured reduction in fuel, energy, or operation and |
| 181 | maintenance costs created from the implementation of one or more |
| 182 | energy efficiency and conservation measures when compared with |
| 183 | an established baseline for previous fuel, energy, or operation |
| 184 | and maintenance costs; or |
| 185 | 2. For new construction, a projected reduction in fuel, |
| 186 | energy, or operation and maintenance costs created from the |
| 187 | implementation of one or more energy efficiency and conservation |
| 188 | measures when compared with the projected fuel, energy, or |
| 189 | operation and maintenance costs for equipment if the minimum |
| 190 | standards of the Florida Building Code for educational |
| 191 | facilities construction were implemented and signed and sealed |
| 192 | by a registered professional engineer. |
| 193 | (c) "Energy performance-based contract" means a contract |
| 194 | for the evaluation, recommendation, and implementation of energy |
| 195 | efficiency and conservation measures which includes, at a |
| 196 | minimum: |
| 197 | 1. The design and installation of equipment to implement |
| 198 | one or more of such measures, and, if applicable, operation and |
| 199 | maintenance of such measures. |
| 200 | 2. The amount of any actual annual savings. This amount |
| 201 | must meet or exceed total annual contract payments made by the |
| 202 | district school board, community college board of trustees, or |
| 203 | state university board of trustees for such contract. |
| 204 | 3. Financing charges to be incurred by the district school |
| 205 | board, community college board of trustees, or state university |
| 206 | board of trustees over the life of the contract. |
| 207 | (d) "Energy performance contractor" means a person or |
| 208 | business licensed under pursuant to chapter 471, chapter 481, or |
| 209 | chapter 489 and experienced in the analysis, design, |
| 210 | implementation, and installation of energy efficiency and |
| 211 | conservation measures through the implementation of energy |
| 212 | performance-based contracts. |
| 213 | (3) LEGISLATIVE INTENT FOR DESIGN STANDARDS.-- |
| 214 | (a) It is the intent of the Legislature that district |
| 215 | school boards and school districts design each new building or |
| 216 | major renovation that it constructs with public funds to earn a |
| 217 | green building or equivalent rating under the United States |
| 218 | Green Building Council Leadership in Energy and Environmental |
| 219 | Design (LEED) rating system. This design standard applies only |
| 220 | to a construction project or a major renovation project for |
| 221 | which design was commenced on or after July 1, 2008. |
| 222 | (b) To the extent possible without incurring extraordinary |
| 223 | costs, it is the intent of the Legislature that district school |
| 224 | boards are encouraged to incorporate the design elements |
| 225 | associated with earning a green building or equivalent LEED |
| 226 | rating into construction or renovation projects to which the |
| 227 | design standard in paragraph (a) does not apply. The Legislature |
| 228 | intends for district school boards to incorporate the energy |
| 229 | efficiency and conservation measures or passive design features |
| 230 | that are specified in s. 1013.44 or this section in the design |
| 231 | of each new building or major renovation that it constructs with |
| 232 | public funds. |
| 233 | (4)(3) ENERGY PERFORMANCE-BASED CONTRACT PROCEDURES.-- |
| 234 | (a) A district school board, community college board of |
| 235 | trustees, or state university board of trustees may enter into |
| 236 | an energy performance-based contract with an energy performance |
| 237 | contractor to significantly reduce energy or operating costs of |
| 238 | an educational facility through one or more energy efficiency |
| 239 | and conservation measures. |
| 240 | (b) The energy performance contractor shall be selected in |
| 241 | compliance with s. 287.055,; except that if in a case where a |
| 242 | district school board, community college board of trustees, or |
| 243 | state university board of trustees determines that fewer than |
| 244 | three firms are qualified to perform the required services, the |
| 245 | requirement under s. 287.055(4)(b) for agency selection of three |
| 246 | firms, as provided in s. 287.055(4)(b), shall not apply and the |
| 247 | bid requirements of s. 287.057 do shall not apply. |
| 248 | (c) Before entering into a contract pursuant to this |
| 249 | section, the district school board, community college board of |
| 250 | trustees, or state university board of trustees shall provide |
| 251 | published notice of the meeting in which it proposes to award |
| 252 | the contract, the names of the parties to the proposed contract, |
| 253 | and the contract's purpose. |
| 254 | (d) Before Prior to the design and installation of the |
| 255 | energy efficiency and conservation measure, the district school |
| 256 | board, community college board of trustees, or state university |
| 257 | board of trustees must obtain from the energy performance |
| 258 | contractor a report that discloses all costs associated with the |
| 259 | energy conservation measure and provides an estimate of the |
| 260 | amount of the energy cost savings. The report must be reviewed |
| 261 | by either the Department of Education or the Department of |
| 262 | Management Services or signed and sealed by a registered |
| 263 | professional engineer. |
| 264 | (e) A district school board, community college board of |
| 265 | trustees, or state university board of trustees may enter into |
| 266 | an energy performance-based contract with an energy performance |
| 267 | contractor if, after review of the report required by paragraph |
| 268 | (d), it finds that the amount it would spend on the energy |
| 269 | efficiency and conservation measures recommended in the report |
| 270 | will not exceed the amount to be saved in energy and operation |
| 271 | costs over 20 years from the date of installation, based on |
| 272 | life-cycle costing calculations, if the recommendations in the |
| 273 | report were followed and if the energy performance contractor |
| 274 | provides a written guarantee that the energy or operating cost |
| 275 | savings will meet or exceed the costs of the system. The |
| 276 | contract may provide for payments over a period of time not to |
| 277 | exceed 20 years. |
| 278 | (f) A district school board, community college board of |
| 279 | trustees, or state university board of trustees may enter into |
| 280 | an installment payment contract for the purchase and |
| 281 | installation of energy efficiency and conservation measures. The |
| 282 | contract shall provide for payments of not less than one- |
| 283 | twentieth of the price to be paid within 2 years from the date |
| 284 | of the complete installation and acceptance by the district |
| 285 | school board, community college board of trustees, or state |
| 286 | university board of trustees, and the remaining costs to be paid |
| 287 | at least quarterly, not to exceed a 20-year term based on life- |
| 288 | cycle costing calculations. |
| 289 | (g) Energy performance-based contracts may extend beyond |
| 290 | the fiscal year in which they become effective; however, the |
| 291 | term of any contract shall expire at the end of each fiscal year |
| 292 | and may be automatically renewed annually up to 20 years, |
| 293 | subject to a district school board, community college board of |
| 294 | trustees, or state university board of trustees making |
| 295 | sufficient annual appropriations based upon continued realized |
| 296 | energy cost savings. Such contracts shall stipulate that the |
| 297 | agreement does not constitute a debt, liability, or obligation |
| 298 | of the state or a district school board, community college board |
| 299 | of trustees, or state university board of trustees, or a pledge |
| 300 | of the faith and credit of the state or a district school board, |
| 301 | community college board of trustees, or state university board |
| 302 | of trustees. |
| 303 | (5)(4) CONTRACT PROVISIONS.-- |
| 304 | (a) An energy performance-based contract shall include a |
| 305 | guarantee by the energy performance contractor that annual |
| 306 | energy cost savings will meet or exceed the amortized cost of |
| 307 | energy efficiency and conservation measures. |
| 308 | (b) The contract shall provide that all payments, except |
| 309 | obligations on termination of the contract before its |
| 310 | expiration, are to be made over time, but not to exceed 20 years |
| 311 | from the date of complete installation and acceptance by the |
| 312 | district school board, community college board of trustees, or |
| 313 | state university board of trustees, and that the annual savings |
| 314 | are guaranteed to the extent necessary to make annual payments |
| 315 | to satisfy the contract. |
| 316 | (c) The contract must require that the energy performance |
| 317 | contractor to whom the contract is awarded provide a 100-percent |
| 318 | public construction bond to the district school board, community |
| 319 | college board of trustees, or state university board of trustees |
| 320 | for its faithful performance, as required by s. 255.05. |
| 321 | (d) The contract shall require the energy performance |
| 322 | contractor to provide to the district school board, community |
| 323 | college board of trustees, or state university board of trustees |
| 324 | an annual reconciliation of the guaranteed energy cost savings. |
| 325 | The energy performance contractor shall be liable for any annual |
| 326 | savings shortfall which may occur. In the event that such |
| 327 | reconciliation reveals an excess in annual energy cost savings, |
| 328 | such excess savings shall not be used to cover potential energy |
| 329 | cost savings shortages in subsequent contract years. |
| 330 | Section 4. Subsections (2) and (3) of section 1013.42, |
| 331 | Florida Statutes, are amended to read: |
| 332 | 1013.42 School Infrastructure Thrift (SIT) Program Act.-- |
| 333 | (2) The School Infrastructure Thrift (SIT) Program is |
| 334 | established within the Department of Education, and the State |
| 335 | Board of Education may adopt rules under ss. 120.536(1) and |
| 336 | 120.54 as necessary to administer operate the program. To |
| 337 | facilitate the program's purposes, the department shall |
| 338 | aggressively seek the elimination or revision of obsolete, |
| 339 | excessively restrictive, or unnecessary laws, rules, and |
| 340 | regulations for the purpose of reducing the cost of constructing |
| 341 | educational facilities and related costs without sacrificing |
| 342 | safety or quality of construction. Such efforts must include, |
| 343 | but are not limited to, the elimination of duplicate or |
| 344 | overlapping inspections; the relaxation of requirements relating |
| 345 | to the life cycle of buildings, landscaping, operable glazing, |
| 346 | operable windows, radon testing, and firesafety when lawful, |
| 347 | safe, and cost-beneficial; and other cost savings identified as |
| 348 | lawful, safe, and cost-beneficial. In administering the program, |
| 349 | the department shall promote the creation of educational |
| 350 | facilities that incorporate, to the maximum cost-beneficial |
| 351 | extent, design features that achieve the goals established by s. |
| 352 | 1013.23 for energy savings and environmental preservation. |
| 353 | (3) The SIT Program is designed as: |
| 354 | (a) An incentive program to reward districts for savings |
| 355 | realized through functional, frugal construction. |
| 356 | (b) A recognition program to provide an annual SMART |
| 357 | school of the year recognition award to the district that builds |
| 358 | the highest quality functional, frugal school. |
| 359 | (c) An incentive program to reward districts for creating |
| 360 | educational facilities that conserve energy, preserve the |
| 361 | environment, and create operating cost savings that benefit |
| 362 | taxpayers. |
| 363 | (d) A recognition program to provide a green-project-of- |
| 364 | the-year award to the district that constructs the most energy- |
| 365 | efficient new educational facility, expansion to an existing |
| 366 | educational facility, or renovation of an existing educational |
| 367 | facility. |
| 368 | Section 5. Paragraph (d) of subsection (6) of section |
| 369 | 1013.64, Florida Statutes, is amended to read: |
| 370 | 1013.64 Funds for comprehensive educational plant needs; |
| 371 | construction cost maximums for school district capital |
| 372 | projects.--Allocations from the Public Education Capital Outlay |
| 373 | and Debt Service Trust Fund to the various boards for capital |
| 374 | outlay projects shall be determined as follows: |
| 375 | (6) |
| 376 | (d) The department shall: |
| 377 | 1. Compute for each calendar year the statewide average |
| 378 | construction costs for facilities serving each instructional |
| 379 | level, for relocatable educational facilities, for |
| 380 | administrative facilities, and for other ancillary and auxiliary |
| 381 | facilities. The department shall compute the statewide average |
| 382 | costs per student station for each instructional level. |
| 383 | 2. Annually review the actual completed construction costs |
| 384 | of educational facilities in each school district. For any |
| 385 | school district in which the total actual cost per student |
| 386 | station, including change orders, exceeds the statewide limits |
| 387 | established in paragraph (b), the school district shall report |
| 388 | to the department the actual cost per student station and the |
| 389 | reason for the school district's inability to adhere to the |
| 390 | limits established in paragraph (b). The department shall |
| 391 | collect all such reports and shall report to the Governor, the |
| 392 | President of the Senate, and the Speaker of the House of |
| 393 | Representatives by December 31 of each year a summary of each |
| 394 | school district's spending in excess of the cost per student |
| 395 | station provided in paragraph (b) as reported by the school |
| 396 | districts. |
| 397 |
|
| 398 | Cost per student station includes contract costs, legal and |
| 399 | administrative costs, fees of architects and engineers, |
| 400 | furniture and equipment, and site improvement costs. Cost per |
| 401 | student station does not include the cost of purchasing or |
| 402 | leasing the site for the construction, or the cost of related |
| 403 | offsite improvements, or the documented extra cost to meet the |
| 404 | requirements for energy efficiency and conservation under s. |
| 405 | 1013.23. |
| 406 | Section 6. Subsections (2) and (3) of section 1013.72, |
| 407 | Florida Statutes, are amended to read: |
| 408 | 1013.72 SIT Program award eligibility; maximum cost per |
| 409 | student station of educational facilities; frugality incentives; |
| 410 | recognition awards.-- |
| 411 | (2) A school district may seek an award from the SIT |
| 412 | Program, pursuant to this section and s. 1013.42, based on the |
| 413 | district's new construction of educational facilities if the |
| 414 | cost per student station is less than: |
| 415 | (a) $17,952 $11,600 for an elementary school, |
| 416 | (b) $19,386 $13,300 for a middle school, or |
| 417 | (c) $25,181 $17,600 for a high school, |
| 418 |
|
| 419 | (January 2006) (1997) as adjusted annually by the Consumer Price |
| 420 | Index. The award shall be up to 50 percent of such savings, as |
| 421 | recommended by the Office of Educational Facilities and SMART |
| 422 | Schools Clearinghouse. The award for construction implementing a |
| 423 | design created to improve a facility's energy efficiency or |
| 424 | environmental safety while lowering the facility's operational |
| 425 | costs shall be up to 50 percent of the extra costs to design and |
| 426 | construct the improvement which are clearly and separately |
| 427 | identified, calculated, and documented as needed to achieve the |
| 428 | improvement. |
| 429 | (3) A school district may seek a SMART school of the year |
| 430 | recognition award for building the highest quality functional, |
| 431 | frugal school. The commissioner may present a trophy or plaque |
| 432 | and a cash award to: |
| 433 | (a) The school recommended by the Office of Educational |
| 434 | Facilities and SMART Schools Clearinghouse for a SMART school of |
| 435 | the year recognition award; and |
| 436 | (b) The district recommended by the Office of Educational |
| 437 | Facilities and SMART Schools Clearinghouse for a green-project- |
| 438 | of-the-year award for constructing the most energy-efficient new |
| 439 | educational facility, expansion to an existing educational |
| 440 | facility, or renovation of an existing educational facility. |
| 441 | Section 7. This act shall take effect July 1, 2008. |