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A bill to be entitled

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An act relating to school construction; defining the term

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"green schools"; encouraging the creation of a green

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schools action committee by district school boards and

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consortia of entities involved in matters concerning

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green schools; providing suggestions concerning the

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membership and duties of the committee; requiring school

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principals to encourage efforts concerning green schools;

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requiring that the Department of Education and the

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Department of Environmental Protection, in coordination

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with various interest groups, create a program to

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recognize or award efforts or achievements concerning

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green schools; specifying entities that are eligible for

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such recognition or award; encouraging such departments

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to form partnerships with the private sector to help fund

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the program; amending s. 1013.04, F.S.; providing for the

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evaluation of school district educational facilities

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plans to include an assessment of performance in the area

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of integration of certain low-energy usage features and

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passive design features; amending s. 1013.23, F.S.;

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providing a statement of policy concerning the creation

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of public facilities and the use of cost savings produced

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by energy efficiency and conservation measures; intending

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that district school boards design new buildings or major

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renovations to earn a specified rating concerning energy

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and environmental design; providing an exception

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concerning the construction or renovation projects for

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which design is commenced by a specified date;

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encouraging district school boards to incorporate design

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elements into certain construction or renovation projects

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which involve achievement of a specified rating; amending

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s. 1013.42, F. S.; requiring that, in administering the

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School Infrastructure Thrift Program, the Department of

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Education promote the creation of educational facilities

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meeting goals concerning cost and energy savings and

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environmental preservation; providing for inclusion of

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criteria concerning cost and energy savings and

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environmental preservation in the design of the program;

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amending s. 1013.64, F.S.; revising criteria concerning

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funding for educational facilities; requiring a

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computation by the Department of Education of statewide

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average construction costs; requiring that school

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districts provide a report to the department if certain

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construction-related costs exceed certain statewide

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limits; providing criteria concerning the calculation of

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such construction-related costs; providing requirements

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concerning the report's contents; requiring that the

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department present a summary of the reports to the

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Governor and the Legislature; amending s. 1013.72, F.S.;

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revising criteria concerning a school district's

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eligibility for an award under the School Infrastructure

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Thrift Program; authorizing a higher award for

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improvements that lower a facility's operational costs

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while improving its energy efficiency or environmental

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safety; authorizing the Commissioner of Education to

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present a trophy or plaque and a cash award to the school

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district that wins an award concerning construction of

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energy-efficient educational facilities as recommended by

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the Office of Educational Facilities and SMART Schools

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Clearinghouse; providing an effective date.

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

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     Section 1. Encouragement of efforts concerning green

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schools.--

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     (1) As used in this section, the term "green schools" means

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the planned and ongoing interconnection of built and natural

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environments certified and approved by the Florida Building

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Commission.

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     (2) The Legislature encourages each district school board

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and each consortium of district school boards or private schools

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to create a green schools action committee consisting of members

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that include administrators, construction and grounds staff,

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teachers, students, parents, and interested environmental

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organizations. The committee should:

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     (a) Review polices and activities concerning conservation,

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energy and water use, cleaning solutions, pest management,

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recycling efforts, school lunch programs, and the construction or

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renovation of educational facilities;

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     (b) Review the curriculum's consistency with outstanding

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efforts that involve green schools and that enhance the quality

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of education while preserving the environment; and

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     (c) Recommend to the school board or principal a plan that

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includes policies and activities to be considered by the district

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or school. The plan should be considered by the school board and

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may be changed prior to adoption.

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     (3) Each school principal is responsible for encouraging,

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implementing, and monitoring efforts that concern green schools

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and should include the school advisory committee in such efforts.

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     (4) Each district school board may annually submit its

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plans and an end-of-year evaluation concerning the implementation

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of this section and achievements associated with such

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implementation to the Department of Education and the Department

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of Environmental Protection.

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     (5) The Department of Education and the Department of

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Environmental Protection shall, in coordination with

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representatives of the business community, the environmental

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community, and the energy community, develop a program to provide

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awards or recognition for outstanding efforts or achievements

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under this section. Entities that are eligible for such an award

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or recognition include students, classes, teachers, schools, or

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district school boards. The Legislature encourages the Department

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of Education and the Department of Environmental Protection to

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form partnerships with the private sector which help fund the

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program.

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     Section 2.  Subsection (1) of section 1013.04, Florida

107

Statutes, is amended to read:

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     1013.04  School district educational facilities plan

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performance and productivity standards; development; measurement;

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application.--

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     (1)  The Office of Educational Facilities and SMART Schools

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Clearinghouse shall develop and adopt measures for evaluating the

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performance and productivity of school district educational

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facilities plans. The measures may be both quantitative and

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qualitative and must, to the maximum extent practical, assess

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those factors that are within the districts' control. The

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measures must, at a minimum, assess performance in the following

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areas:

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     (a)  Frugal production of high-quality projects.

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     (b)  Efficient finance and administration.

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     (c)  Optimal school and classroom size and utilization rate.

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     (d)  Safety.

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     (e)  Core facility space needs and cost-effective capacity

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improvements that consider demographic projections.

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     (f)  Level of district local effort.

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     (g) Effective integration of the low-energy usage features

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and the passive design features that are specified in s. 1013.01

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into projects to construct or renovate educational, auxiliary, or

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ancillary facilities.

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     Section 3.  Section 1013.23, Florida Statutes, is amended to

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read:

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     1013.23 Energy efficiency and conservation contracting.--

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     (1)  LEGISLATIVE INTENT.--The Legislature finds that

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investment in energy efficiency and conservation measures in

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educational facilities can reduce the amount of energy consumed

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and produce immediate and long-term savings. It is the policy of

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this state to encourage school districts, community colleges, and

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state universities to invest in energy efficiency and

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conservation measures that reduce energy consumption, produce a

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cost savings, and improve the quality of indoor air in

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facilities, and, when economically feasible, to build, operate,

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maintain, or renovate educational facilities in such a manner so

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as to minimize energy consumption and maximize energy savings. It

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is further the policy of this state to encourage school

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districts, community colleges, and state universities to reinvest

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any energy savings resulting from energy efficiency and

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conservation measures into additional energy efficiency and

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conservation efforts. It is also the policy of this state to

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create public facilities that support and enhance the natural

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environment, contribute to the well-being of future generations,

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and provide relief for taxpayers by reducing the operating costs

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of educational facilities.

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     (2) DEFINITIONS.--As used in For purposes of this section,

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the term:

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     (a) "Energy efficiency and conservation measure" means a

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training program, facility alteration, or equipment to be used in

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new construction, including an addition to an existing facility,

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that reduces energy costs, and includes, but is not limited to:

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     1.  Insulation of the facility structure and systems within

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the facility.

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     2.  Storm windows and doors, caulking or weatherstripping,

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multiglazed windows and doors, heat-absorbing, or heat-

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reflective, glazed and coated window and door systems, additional

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glazing, reductions in glass area, and other window and door

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system modifications that reduce energy consumption.

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     3.  Automatic energy control systems.

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     4.  Heating, ventilating, or air-conditioning system

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modifications or replacements.

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     5.  Replacement or modifications of lighting fixtures to

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increase the energy efficiency of the lighting system which, at a

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minimum, shall conform to the Florida Building Code.

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     6.  Energy recovery systems.

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     7.  Cogeneration systems that produce steam or forms of

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energy such as heat, as well as electricity, for use primarily

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within a facility or complex of facilities.

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     8. Energy efficiency and conservation measures that provide

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long-term operating cost reductions and significantly reduce Btu

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consumed.

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     9.  Renewable energy systems, such as solar, biomass, and

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wind.

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     10.  Devices which reduce water consumption or sewer

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charges.

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     (b)  "Energy cost savings" means:

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     1.  A measured reduction in fuel, energy, or operation and

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maintenance costs created from the implementation of one or more

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energy efficiency and conservation measures when compared with an

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established baseline for previous fuel, energy, or operation and

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maintenance costs; or

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     2.  For new construction, a projected reduction in fuel,

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energy, or operation and maintenance costs created from the

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implementation of one or more energy efficiency and conservation

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measures when compared with the projected fuel, energy, or

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operation and maintenance costs for equipment if the minimum

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standards of the Florida Building Code for educational facilities

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construction were implemented and signed and sealed by a

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registered professional engineer.

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     (c)  "Energy performance-based contract" means a contract

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for the evaluation, recommendation, and implementation of energy

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efficiency and conservation measures which includes, at a

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minimum:

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     1.  The design and installation of equipment to implement

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one or more of such measures, and, if applicable, operation and

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maintenance of such measures.

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     2.  The amount of any actual annual savings. This amount

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must meet or exceed total annual contract payments made by the

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district school board, community college board of trustees, or

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state university board of trustees for such contract.

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     3.  Financing charges to be incurred by the district school

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board, community college board of trustees, or state university

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board of trustees over the life of the contract.

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     (d)  "Energy performance contractor" means a person or

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business licensed under pursuant to chapter 471, chapter 481, or

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chapter 489 and experienced in the analysis, design,

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implementation, and installation of energy efficiency and

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conservation measures through the implementation of energy

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performance-based contracts.

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     (3)(a) It is the intent of the Legislature that district

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school boards and school districts design each new building or

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major renovation that it constructs with public funds to earn a

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green building or equivalent rating under the United States Green

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Building Council Leadership in Energy and Environmental Design

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(LEED) rating system. This design standard applies only to a

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construction project or a major renovation project for which

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design was commenced on or after July 1, 2008.

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     (b) To the extent possible without incurring extraordinary

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costs, it is the intent of the Legislature that district school

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boards are encouraged to incorporate the design elements

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associated with earning a green building or equivalent LEED

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rating into construction or renovation projects to which the

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design standard in paragraph (a) does not apply. The Legislature

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intends for district school boards to incorporate the energy

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efficiency and conservation measures or passive design features

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that are specified in s. 1013.44 or this section in the design of

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each new building or major renovation that it constructs with

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public funds.

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     (4)(3) ENERGY PERFORMANCE-BASED CONTRACT PROCEDURES.--

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     (a)  A district school board, community college board of

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trustees, or state university board of trustees may enter into an

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energy performance-based contract with an energy performance

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contractor to significantly reduce energy or operating costs of

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an educational facility through one or more energy efficiency and

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conservation measures.

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     (b)  The energy performance contractor shall be selected in

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compliance with s. 287.055,; except that if in a case where a

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district school board, community college board of trustees, or

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state university board of trustees determines that fewer than

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three firms are qualified to perform the required services, the

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requirement under s. 287.055(4)(b) for agency selection of three

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firms, as provided in s. 287.055(4)(b), shall not apply and the

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bid requirements of s. 287.057 do shall not apply.

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     (c)  Before entering into a contract pursuant to this

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section, the district school board, community college board of

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trustees, or state university board of trustees shall provide

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published notice of the meeting in which it proposes to award the

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contract, the names of the parties to the proposed contract, and

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the contract's purpose.

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     (d) Before Prior to the design and installation of the

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energy efficiency and conservation measure, the district school

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board, community college board of trustees, or state university

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board of trustees must obtain from the energy performance

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contractor a report that discloses all costs associated with the

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energy conservation measure and provides an estimate of the

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amount of the energy cost savings. The report must be reviewed by

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either the Department of Education or the Department of

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Management Services or signed and sealed by a registered

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professional engineer.

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     (e)  A district school board, community college board of

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trustees, or state university board of trustees may enter into an

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energy performance-based contract with an energy performance

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contractor if, after review of the report required by paragraph

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(d), it finds that the amount it would spend on the energy

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efficiency and conservation measures recommended in the report

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will not exceed the amount to be saved in energy and operation

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costs over 20 years from the date of installation, based on life-

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cycle costing calculations, if the recommendations in the report

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were followed and if the energy performance contractor provides a

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written guarantee that the energy or operating cost savings will

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meet or exceed the costs of the system. The contract may provide

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for payments over a period of time not to exceed 20 years.

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     (f)  A district school board, community college board of

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trustees, or state university board of trustees may enter into an

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installment payment contract for the purchase and installation of

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energy efficiency and conservation measures. The contract shall

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provide for payments of not less than one-twentieth of the price

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to be paid within 2 years from the date of the complete

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installation and acceptance by the district school board,

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community college board of trustees, or state university board of

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trustees, and the remaining costs to be paid at least quarterly,

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not to exceed a 20-year term based on life-cycle costing

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calculations.

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     (g)  Energy performance-based contracts may extend beyond

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the fiscal year in which they become effective; however, the term

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of any contract shall expire at the end of each fiscal year and

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may be automatically renewed annually up to 20 years, subject to

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a district school board, community college board of trustees, or

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state university board of trustees making sufficient annual

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appropriations based upon continued realized energy cost savings.

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Such contracts shall stipulate that the agreement does not

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constitute a debt, liability, or obligation of the state or a

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district school board, community college board of trustees, or

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state university board of trustees, or a pledge of the faith and

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credit of the state or a district school board, community college

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board of trustees, or state university board of trustees.

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     (5)(4) CONTRACT PROVISIONS.--

305

     (a)  An energy performance-based contract shall include a

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guarantee by the energy performance contractor that annual energy

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cost savings will meet or exceed the amortized cost of energy

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efficiency and conservation measures.

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     (b)  The contract shall provide that all payments, except

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obligations on termination of the contract before its expiration,

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are to be made over time, but not to exceed 20 years from the

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date of complete installation and acceptance by the district

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school board, community college board of trustees, or state

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university board of trustees, and that the annual savings are

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guaranteed to the extent necessary to make annual payments to

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satisfy the contract.

317

     (c)  The contract must require that the energy performance

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contractor to whom the contract is awarded provide a 100-percent

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public construction bond to the district school board, community

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college board of trustees, or state university board of trustees

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for its faithful performance, as required by s. 255.05.

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     (d)  The contract shall require the energy performance

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contractor to provide to the district school board, community

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college board of trustees, or state university board of trustees

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an annual reconciliation of the guaranteed energy cost savings.

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The energy performance contractor shall be liable for any annual

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savings shortfall which may occur. In the event that such

328

reconciliation reveals an excess in annual energy cost savings,

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such excess savings shall not be used to cover potential energy

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cost savings shortages in subsequent contract years.

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     Section 4.  Subsections (2) and (3) of section 1013.42,

332

Florida Statutes, are amended to read:

333

     1013.42  School Infrastructure Thrift (SIT) Program Act.--

334

     (2)  The School Infrastructure Thrift (SIT) Program is

335

established within the Department of Education, and the State

336

Board of Education may adopt rules under ss. 120.536(1) and

337

120.54 as necessary to administer operate the program. To

338

facilitate the program's purposes, the department shall

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aggressively seek the elimination or revision of obsolete,

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excessively restrictive, or unnecessary laws, rules, and

341

regulations for the purpose of reducing the cost of constructing

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educational facilities and related costs without sacrificing

343

safety or quality of construction. Such efforts must include, but

344

are not limited to, the elimination of duplicate or overlapping

345

inspections; the relaxation of requirements relating to the life

346

cycle of buildings, landscaping, operable glazing, operable

347

windows, radon testing, and firesafety when lawful, safe, and

348

cost-beneficial; and other cost savings identified as lawful,

349

safe, and cost-beneficial. In administering the program, the

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department shall promote the creation of educational facilities

351

that incorporate, to the maximum cost-beneficial extent, design

352

features that achieve the goals established by s. 1013.23 for

353

energy savings and environmental preservation.

354

     (3)  The SIT Program is designed as:

355

     (a)  An incentive program to reward districts for savings

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realized through functional, frugal construction.

357

     (b)  A recognition program to provide an annual SMART school

358

of the year recognition award to the district that builds the

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highest quality functional, frugal school.

360

     (c) An incentive program to reward districts for creating

361

educational facilities that conserve energy, preserve the

362

environment, and create operating cost savings that benefit

363

taxpayers.

364

     (d) A recognition program to provide a green-project-of-

365

the-year award to the district that constructs the most energy-

366

efficient new educational facility, expansion to an existing

367

educational facility, or renovation of an existing educational

368

facility.

369

     Section 5.  Paragraph (d) of subsection (6) of section

370

1013.64, Florida Statutes, as amended by section 37 of chapter

371

2007-73, Laws of Florida, is amended to read:

372

     1013.64  Funds for comprehensive educational plant needs;

373

construction cost maximums for school district capital

374

projects.--Allocations from the Public Education Capital Outlay

375

and Debt Service Trust Fund to the various boards for capital

376

outlay projects shall be determined as follows:

377

     (6)

378

     (d) The department shall:

379

     1. Compute for each calendar year the statewide average

380

construction costs for facilities serving each instructional

381

level, for relocatable educational facilities, for administrative

382

facilities, and for other ancillary and auxiliary facilities. The

383

department shall compute the statewide average costs per student

384

station for each instructional level.

385

     2. Annually review the actual completed construction costs

386

of educational facilities in each school district. For any school

387

district in which the total actual cost per student station,

388

including change orders, exceeds the statewide limits established

389

in paragraph (b), the school district shall report to the

390

department the actual cost per student station and the reason for

391

the school district's inability to adhere to the limits

392

established in paragraph (b). The department shall collect all

393

such reports and shall report to the Governor, the President of

394

the Senate, and the Speaker of the House of Representatives by

395

December 31 of each year a summary of each school district's

396

spending in excess of the cost per student station provided in

397

paragraph (b) as reported by the school districts. As used in

398

this subparagraph the term "cost per student station" includes

399

contract costs, legal and administrative costs, fees of

400

architects and engineers, furniture and equipment, and site-

401

improvement costs, and excludes the cost of purchasing or leasing

402

the site for the construction, the cost of related offsite

403

improvements, or the documented extra cost to meet the

404

requirements for energy efficiency and conservation under s.

405

1013.23. Funds distributed to the district school boards shall be

406

allocated solely based on the provisions of paragraphs (1)(a) and

407

(2)(a) and paragraph (a) of this subsection. No individual school

408

district projects shall be funded off the top of funds allocated

409

to district school boards.

410

     Section 6.  Subsections (2) and (3) of section 1013.72,

411

Florida Statutes, are amended to read:

412

     1013.72  SIT Program award eligibility; maximum cost per

413

student station of educational facilities; frugality incentives;

414

recognition awards.--

415

     (2)  A school district may seek an award from the SIT

416

Program, pursuant to this section and s. 1013.42, based on the

417

district's new construction of educational facilities if the cost

418

per student station is less than:

419

     (a) $17,952 $11,600 for an elementary school,

420

     (b) $19,386 $13,300 for a middle school, or

421

     (c) 25,181 $17,600 for a high school,

422

423

(January 2006) (1997) as adjusted annually by the Consumer Price

424

Index. The award shall be up to 50 percent of such savings, as

425

recommended by the Office of Educational Facilities and SMART

426

Schools Clearinghouse. The award for construction implementing a

427

design created to improve a facility's energy efficiency or

428

environmental safety while lowering the facility's operational

429

costs shall be up to 50 percent of the extra costs to design and

430

construct the improvement which are clearly and separately

431

identified, calculated, and documented as needed to achieve the

432

improvement.

433

     (3)  A school district may seek a SMART school of the year

434

recognition award for building the highest quality functional,

435

frugal school. The commissioner may present a trophy or plaque

436

and a cash award to:

437

     (a) The school recommended by the Office of Educational

438

Facilities and SMART Schools Clearinghouse for a SMART school of

439

the year recognition award; and

440

     (b) The district recommended by the Office of Educational

441

Facilities and SMART Schools Clearinghouse for a green-project-

442

of-the-year award for constructing the most energy-efficient new

443

educational facility, expansion to an existing educational

444

facility, or renovation of an existing educational facility.

445

     Section 7.  This act shall take effect July 1, 2008.