HB 1449

1
A bill to be entitled
2An act relating to school construction; defining the term
3"green schools"; encouraging the creation of a green
4schools action committee by district school boards and
5consortia of entities involved in matters concerning
6green schools; providing suggestions concerning the
7membership and duties of the committee; requiring school
8principals to encourage efforts concerning green schools;
9requiring that the Department of Education and the
10Department of Environmental Protection, in coordination
11with various interest groups, create a program to
12recognize or award efforts or achievements concerning
13green schools; specifying entities that are eligible for
14such recognition or award; encouraging such departments
15to form partnerships with the private sector to help fund
16the program; amending s. 1013.04, F.S.; providing for the
17evaluation of school district educational facilities
18plans to include an assessment of performance in the area
19of integration of certain low-energy usage features and
20passive design features; amending s. 1013.23, F.S.;
21providing a statement of policy concerning the creation
22of public facilities and the use of cost savings produced
23by energy efficiency and conservation measures; intending
24that district school boards design new buildings or major
25renovations to earn a specified rating concerning energy
26and environmental design; providing an exception
27concerning the construction or renovation projects for
28which design is commenced by a specified date;
29encouraging district school boards to incorporate design
30elements into certain construction or renovation projects
31which involve achievement of a specified rating; amending
32s. 1013.42, F.S.; requiring that, in administering the
33School Infrastructure Thrift Program, the Department of
34Education promote the creation of educational facilities
35meeting goals concerning cost and energy savings and
36environmental preservation; providing for inclusion of
37criteria concerning cost and energy savings and
38environmental preservation in the design of the program;
39amending s. 1013.64, F.S.; providing that cost per
40student station does not include costs for meeting
41certain energy efficiency and conservation requirements;
42amending s. 1013.72, F.S.; revising criteria concerning a
43school district's eligibility for an award under the
44School Infrastructure Thrift Program; authorizing a
45higher award for improvements that lower a facility's
46operational costs while improving its energy efficiency
47or environmental safety; authorizing the Commissioner of
48Education to present a trophy or plaque and a cash award
49to the school district that wins an award concerning
50construction of energy-efficient educational facilities
51as recommended by the Office of Educational Facilities
52and SMART Schools Clearinghouse; providing an effective
53date.
54
55Be It Enacted by the Legislature of the State of Florida:
56
57     Section 1.  Encouragement of efforts concerning green
58schools.--
59     (1)  As used in this section, the term "green schools"
60means the planned and ongoing interconnection of built and
61natural environments certified and approved by the Florida
62Building Commission.
63     (2)  The Legislature encourages each district school board
64and each consortium of district school boards or private schools
65to create a green schools action committee consisting of members
66that include administrators, construction and grounds staff,
67teachers, students, parents, and interested environmental
68organizations. The committee should:
69     (a)  Review polices and activities concerning conservation,
70energy and water use, cleaning solutions, pest management,
71recycling efforts, school lunch programs, and the construction
72or renovation of educational facilities;
73     (b)  Review the curriculum's consistency with outstanding
74efforts that involve green schools and that enhance the quality
75of education while preserving the environment; and
76     (c)  Recommend to the school board or principal a plan that
77includes policies and activities to be considered by the
78district or school. The plan should be considered by the school
79board and may be changed prior to adoption.
80     (3)  Each school principal is responsible for encouraging,
81implementing, and monitoring efforts that concern green schools
82and should include the school advisory committee in such
83efforts.
84     (4)  Each district school board may annually submit its
85plan and an end-of-year evaluation concerning the implementation
86of this section and achievements associated with such
87implementation to the Department of Education and the Department
88of Environmental Protection.
89     (5)  The Department of Education and the Department of
90Environmental Protection shall, in coordination with
91representatives of the business community, the environmental
92community, and the energy community, develop a program to
93provide awards or recognition for outstanding efforts or
94achievements under this section. Entities that are eligible for
95such an award or recognition include students, classes,
96teachers, schools, or district school boards. The Legislature
97encourages the Department of Education and the Department of
98Environmental Protection to form partnerships with the private
99sector which help fund the program.
100     Section 2.  Subsection (1) of section 1013.04, Florida
101Statutes, is amended to read:
102     1013.04  School district educational facilities plan
103performance and productivity standards; development;
104measurement; application.--
105     (1)  The Office of Educational Facilities and SMART Schools
106Clearinghouse shall develop and adopt measures for evaluating
107the performance and productivity of school district educational
108facilities plans. The measures may be both quantitative and
109qualitative and must, to the maximum extent practical, assess
110those factors that are within the districts' control. The
111measures must, at a minimum, assess performance in the following
112areas:
113     (a)  Frugal production of high-quality projects.
114     (b)  Efficient finance and administration.
115     (c)  Optimal school and classroom size and utilization
116rate.
117     (d)  Safety.
118     (e)  Core facility space needs and cost-effective capacity
119improvements that consider demographic projections.
120     (f)  Level of district local effort.
121     (g)  Effective integration of the low-energy usage features
122and the passive design features that are specified in s. 1013.01
123into projects to construct or renovate educational, auxiliary,
124or ancillary facilities.
125     Section 3.  Section 1013.23, Florida Statutes, is amended
126to read:
127     1013.23  Energy efficiency and conservation contracting.--
128     (1)  LEGISLATIVE INTENT.--The Legislature finds that
129investment in energy efficiency and conservation measures in
130educational facilities can reduce the amount of energy consumed
131and produce immediate and long-term savings. It is the policy of
132this state to encourage school districts, community colleges,
133and state universities to invest in energy efficiency and
134conservation measures that reduce energy consumption, produce a
135cost savings, and improve the quality of indoor air in
136facilities, and, when economically feasible, to build, operate,
137maintain, or renovate educational facilities in such a manner so
138as to minimize energy consumption and maximize energy savings.
139It is further the policy of this state to encourage school
140districts, community colleges, and state universities to
141reinvest any energy savings resulting from energy efficiency and
142conservation measures into additional energy efficiency and
143conservation efforts. It is also the policy of this state to
144create public facilities that support and enhance the natural
145environment, contribute to the well-being of future generations,
146and provide relief for taxpayers by reducing the operating costs
147of educational facilities.
148     (2)  DEFINITIONS.--As used in For purposes of this section,
149the term:
150     (a)  "Energy efficiency and conservation measure" means a
151training program, facility alteration, or equipment to be used
152in new construction, including an addition to an existing
153facility, that reduces energy costs, and includes, but is not
154limited to:
155     1.  Insulation of the facility structure and systems within
156the facility.
157     2.  Storm windows and doors, caulking or weatherstripping,
158multiglazed windows and doors, heat-absorbing, or heat-
159reflective, glazed and coated window and door systems,
160additional glazing, reductions in glass area, and other window
161and door system modifications that reduce energy consumption.
162     3.  Automatic energy control systems.
163     4.  Heating, ventilating, or air-conditioning system
164modifications or replacements.
165     5.  Replacement or modifications of lighting fixtures to
166increase the energy efficiency of the lighting system which, at
167a minimum, shall conform to the Florida Building Code.
168     6.  Energy recovery systems.
169     7.  Cogeneration systems that produce steam or forms of
170energy such as heat, as well as electricity, for use primarily
171within a facility or complex of facilities.
172     8.  Energy efficiency and conservation measures that
173provide long-term operating cost reductions and significantly
174reduce Btu consumed.
175     9.  Renewable energy systems, such as solar, biomass, and
176wind.
177     10.  Devices which reduce water consumption or sewer
178charges.
179     (b)  "Energy cost savings" means:
180     1.  A measured reduction in fuel, energy, or operation and
181maintenance costs created from the implementation of one or more
182energy efficiency and conservation measures when compared with
183an established baseline for previous fuel, energy, or operation
184and maintenance costs; or
185     2.  For new construction, a projected reduction in fuel,
186energy, or operation and maintenance costs created from the
187implementation of one or more energy efficiency and conservation
188measures when compared with the projected fuel, energy, or
189operation and maintenance costs for equipment if the minimum
190standards of the Florida Building Code for educational
191facilities construction were implemented and signed and sealed
192by a registered professional engineer.
193     (c)  "Energy performance-based contract" means a contract
194for the evaluation, recommendation, and implementation of energy
195efficiency and conservation measures which includes, at a
196minimum:
197     1.  The design and installation of equipment to implement
198one or more of such measures, and, if applicable, operation and
199maintenance of such measures.
200     2.  The amount of any actual annual savings. This amount
201must meet or exceed total annual contract payments made by the
202district school board, community college board of trustees, or
203state university board of trustees for such contract.
204     3.  Financing charges to be incurred by the district school
205board, community college board of trustees, or state university
206board of trustees over the life of the contract.
207     (d)  "Energy performance contractor" means a person or
208business licensed under pursuant to chapter 471, chapter 481, or
209chapter 489 and experienced in the analysis, design,
210implementation, and installation of energy efficiency and
211conservation measures through the implementation of energy
212performance-based contracts.
213     (3)  LEGISLATIVE INTENT FOR DESIGN STANDARDS.--
214     (a)  It is the intent of the Legislature that district
215school boards and school districts design each new building or
216major renovation that it constructs with public funds to earn a
217green building or equivalent rating under the United States
218Green Building Council Leadership in Energy and Environmental
219Design (LEED) rating system. This design standard applies only
220to a construction project or a major renovation project for
221which design was commenced on or after July 1, 2008.
222     (b)  To the extent possible without incurring extraordinary
223costs, it is the intent of the Legislature that district school
224boards are encouraged to incorporate the design elements
225associated with earning a green building or equivalent LEED
226rating into construction or renovation projects to which the
227design standard in paragraph (a) does not apply. The Legislature
228intends for district school boards to incorporate the energy
229efficiency and conservation measures or passive design features
230that are specified in s. 1013.44 or this section in the design
231of each new building or major renovation that it constructs with
232public funds.
233     (4)(3)  ENERGY PERFORMANCE-BASED CONTRACT PROCEDURES.--
234     (a)  A district school board, community college board of
235trustees, or state university board of trustees may enter into
236an energy performance-based contract with an energy performance
237contractor to significantly reduce energy or operating costs of
238an educational facility through one or more energy efficiency
239and conservation measures.
240     (b)  The energy performance contractor shall be selected in
241compliance with s. 287.055,; except that if in a case where a
242district school board, community college board of trustees, or
243state university board of trustees determines that fewer than
244three firms are qualified to perform the required services, the
245requirement under s. 287.055(4)(b) for agency selection of three
246firms, as provided in s. 287.055(4)(b), shall not apply and the
247bid requirements of s. 287.057 do shall not apply.
248     (c)  Before entering into a contract pursuant to this
249section, the district school board, community college board of
250trustees, or state university board of trustees shall provide
251published notice of the meeting in which it proposes to award
252the contract, the names of the parties to the proposed contract,
253and the contract's purpose.
254     (d)  Before Prior to the design and installation of the
255energy efficiency and conservation measure, the district school
256board, community college board of trustees, or state university
257board of trustees must obtain from the energy performance
258contractor a report that discloses all costs associated with the
259energy conservation measure and provides an estimate of the
260amount of the energy cost savings. The report must be reviewed
261by either the Department of Education or the Department of
262Management Services or signed and sealed by a registered
263professional engineer.
264     (e)  A district school board, community college board of
265trustees, or state university board of trustees may enter into
266an energy performance-based contract with an energy performance
267contractor if, after review of the report required by paragraph
268(d), it finds that the amount it would spend on the energy
269efficiency and conservation measures recommended in the report
270will not exceed the amount to be saved in energy and operation
271costs over 20 years from the date of installation, based on
272life-cycle costing calculations, if the recommendations in the
273report were followed and if the energy performance contractor
274provides a written guarantee that the energy or operating cost
275savings will meet or exceed the costs of the system. The
276contract may provide for payments over a period of time not to
277exceed 20 years.
278     (f)  A district school board, community college board of
279trustees, or state university board of trustees may enter into
280an installment payment contract for the purchase and
281installation of energy efficiency and conservation measures. The
282contract shall provide for payments of not less than one-
283twentieth of the price to be paid within 2 years from the date
284of the complete installation and acceptance by the district
285school board, community college board of trustees, or state
286university board of trustees, and the remaining costs to be paid
287at least quarterly, not to exceed a 20-year term based on life-
288cycle costing calculations.
289     (g)  Energy performance-based contracts may extend beyond
290the fiscal year in which they become effective; however, the
291term of any contract shall expire at the end of each fiscal year
292and may be automatically renewed annually up to 20 years,
293subject to a district school board, community college board of
294trustees, or state university board of trustees making
295sufficient annual appropriations based upon continued realized
296energy cost savings. Such contracts shall stipulate that the
297agreement does not constitute a debt, liability, or obligation
298of the state or a district school board, community college board
299of trustees, or state university board of trustees, or a pledge
300of the faith and credit of the state or a district school board,
301community college board of trustees, or state university board
302of trustees.
303     (5)(4)  CONTRACT PROVISIONS.--
304     (a)  An energy performance-based contract shall include a
305guarantee by the energy performance contractor that annual
306energy cost savings will meet or exceed the amortized cost of
307energy efficiency and conservation measures.
308     (b)  The contract shall provide that all payments, except
309obligations on termination of the contract before its
310expiration, are to be made over time, but not to exceed 20 years
311from the date of complete installation and acceptance by the
312district school board, community college board of trustees, or
313state university board of trustees, and that the annual savings
314are guaranteed to the extent necessary to make annual payments
315to satisfy the contract.
316     (c)  The contract must require that the energy performance
317contractor to whom the contract is awarded provide a 100-percent
318public construction bond to the district school board, community
319college board of trustees, or state university board of trustees
320for its faithful performance, as required by s. 255.05.
321     (d)  The contract shall require the energy performance
322contractor to provide to the district school board, community
323college board of trustees, or state university board of trustees
324an annual reconciliation of the guaranteed energy cost savings.
325The energy performance contractor shall be liable for any annual
326savings shortfall which may occur. In the event that such
327reconciliation reveals an excess in annual energy cost savings,
328such excess savings shall not be used to cover potential energy
329cost savings shortages in subsequent contract years.
330     Section 4.  Subsections (2) and (3) of section 1013.42,
331Florida Statutes, are amended to read:
332     1013.42  School Infrastructure Thrift (SIT) Program Act.--
333     (2)  The School Infrastructure Thrift (SIT) Program is
334established within the Department of Education, and the State
335Board of Education may adopt rules under ss. 120.536(1) and
336120.54 as necessary to administer operate the program. To
337facilitate the program's purposes, the department shall
338aggressively seek the elimination or revision of obsolete,
339excessively restrictive, or unnecessary laws, rules, and
340regulations for the purpose of reducing the cost of constructing
341educational facilities and related costs without sacrificing
342safety or quality of construction. Such efforts must include,
343but are not limited to, the elimination of duplicate or
344overlapping inspections; the relaxation of requirements relating
345to the life cycle of buildings, landscaping, operable glazing,
346operable windows, radon testing, and firesafety when lawful,
347safe, and cost-beneficial; and other cost savings identified as
348lawful, safe, and cost-beneficial. In administering the program,
349the department shall promote the creation of educational
350facilities that incorporate, to the maximum cost-beneficial
351extent, design features that achieve the goals established by s.
3521013.23 for energy savings and environmental preservation.
353     (3)  The SIT Program is designed as:
354     (a)  An incentive program to reward districts for savings
355realized through functional, frugal construction.
356     (b)  A recognition program to provide an annual SMART
357school of the year recognition award to the district that builds
358the highest quality functional, frugal school.
359     (c)  An incentive program to reward districts for creating
360educational facilities that conserve energy, preserve the
361environment, and create operating cost savings that benefit
362taxpayers.
363     (d)  A recognition program to provide a green-project-of-
364the-year award to the district that constructs the most energy-
365efficient new educational facility, expansion to an existing
366educational facility, or renovation of an existing educational
367facility.
368     Section 5.  Paragraph (d) of subsection (6) of section
3691013.64, Florida Statutes, is amended to read:
370     1013.64  Funds for comprehensive educational plant needs;
371construction cost maximums for school district capital
372projects.--Allocations from the Public Education Capital Outlay
373and Debt Service Trust Fund to the various boards for capital
374outlay projects shall be determined as follows:
375     (6)
376     (d)  The department shall:
377     1.  Compute for each calendar year the statewide average
378construction costs for facilities serving each instructional
379level, for relocatable educational facilities, for
380administrative facilities, and for other ancillary and auxiliary
381facilities. The department shall compute the statewide average
382costs per student station for each instructional level.
383     2.  Annually review the actual completed construction costs
384of educational facilities in each school district. For any
385school district in which the total actual cost per student
386station, including change orders, exceeds the statewide limits
387established in paragraph (b), the school district shall report
388to the department the actual cost per student station and the
389reason for the school district's inability to adhere to the
390limits established in paragraph (b). The department shall
391collect all such reports and shall report to the Governor, the
392President of the Senate, and the Speaker of the House of
393Representatives by December 31 of each year a summary of each
394school district's spending in excess of the cost per student
395station provided in paragraph (b) as reported by the school
396districts.
397
398Cost per student station includes contract costs, legal and
399administrative costs, fees of architects and engineers,
400furniture and equipment, and site improvement costs. Cost per
401student station does not include the cost of purchasing or
402leasing the site for the construction, or the cost of related
403offsite improvements, or the documented extra cost to meet the
404requirements for energy efficiency and conservation under s.
4051013.23.
406     Section 6.  Subsections (2) and (3) of section 1013.72,
407Florida Statutes, are amended to read:
408     1013.72  SIT Program award eligibility; maximum cost per
409student station of educational facilities; frugality incentives;
410recognition awards.--
411     (2)  A school district may seek an award from the SIT
412Program, pursuant to this section and s. 1013.42, based on the
413district's new construction of educational facilities if the
414cost 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
420Index. The award shall be up to 50 percent of such savings, as
421recommended by the Office of Educational Facilities and SMART
422Schools Clearinghouse. The award for construction implementing a
423design created to improve a facility's energy efficiency or
424environmental safety while lowering the facility's operational
425costs shall be up to 50 percent of the extra costs to design and
426construct the improvement which are clearly and separately
427identified, calculated, and documented as needed to achieve the
428improvement.
429     (3)  A school district may seek a SMART school of the year
430recognition award for building the highest quality functional,
431frugal school. The commissioner may present a trophy or plaque
432and a cash award to:
433     (a)  The school recommended by the Office of Educational
434Facilities and SMART Schools Clearinghouse for a SMART school of
435the year recognition award; and
436     (b)  The district recommended by the Office of Educational
437Facilities and SMART Schools Clearinghouse for a green-project-
438of-the-year award for constructing the most energy-efficient new
439educational facility, expansion to an existing educational
440facility, or renovation of an existing educational facility.
441     Section 7.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.