1

A bill to be entitled

2

An act relating to state procurement of sustainable

3

buildings and equipment; amending s. 255.251, F.S.;

4

revising a short title; amending s. 255.252, F.S.;

5

revising criteria concerning the energy efficiency and

6

sustainability of state facilities; requiring that

7

buildings constructed, financed, or leased by the state

8

meet various sustainable-building standards; providing for

9

the Department of Management Services to approve certain

10

sustainable-building rating systems; requiring state

11

agencies to identify state-owned facilities that are

12

suitable for guaranteed energy performance savings

13

contracts; providing requirements and procedures therefor;

14

requiring the Department of Management Services to

15

evaluate identified facilities and develop an energy

16

efficiency project schedule; providing criteria for such

17

schedule; amending s. 255.253, F.S.; providing

18

definitions; amending s. 255.254, F.S.; revising criteria

19

governing evaluation and disclosure of life-cycle costs

20

prior to construction of certain state facilities;

21

requiring certain state-owned buildings to meet

22

sustainable-building ratings; revising provisions

23

concerning leasing of certain buildings to require an

24

analysis of energy performance; amending s. 255.255, F.S.;

25

requiring that certain rules and procedures of the

26

department concerning energy efficiency and conservation

27

performance guidelines be based on sustainable building

28

ratings; amending s. 287.063, F.S.; prohibiting extension

29

of the term of payment for consolidated equipment finance

30

contracts beyond the anticipated useful life of the

31

equipment financed; providing exemptions from the

32

prohibition; revising criteria governing appropriations

33

for payment of purchases under certain deferred-payment

34

contracts; amending s. 287.064, F.S.; extending the time

35

allowed for the repayment of funds for certain purchases

36

of energy conservation measures under specified

37

conditions; providing an effective date.

38

39

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

40

41

     Section 1.  Section 255.251, Florida Statutes, is amended to

42

read:

43

     255.251 Energy Conservation and Sustainable in Buildings

44

Act; short title.--Sections 255.251-255.257 may This act shall be

45

cited as the "Florida Energy Conservation and Sustainable in

46

Buildings Act of 1974."

47

     Section 2.  Section 255.252, Florida Statutes, is amended to

48

read:

49

     255.252  Findings and intent.--

50

     (1)  Operating and maintenance expenditures associated with

51

energy equipment and with energy consumed in state-financed and

52

leased buildings represent a significant cost over the life of a

53

building. Energy conserved by appropriate building design and

54

operation not only reduces the demand for energy and the but also

55

reduces costs of for building operation. For example, commercial

56

buildings are estimated to use from 20 to 80 percent more energy

57

than would be required if energy-conserving designs were used.

58

The size, design, orientation, and operability of windows, the

59

ratio of ventilating air to air heated or cooled, the level of

60

lighting consonant with space-use requirements, the handling of

61

occupancy loads, and the ability to zone off areas not requiring

62

equivalent levels of heating or cooling are but a few of the

63

considerations necessary to conserving energy.

64

     (2) Significant efforts are needed in order for the

65

buildings and equipment that the state owns or leases to meet

66

energy-efficiency and sustainable-materials standards underway by

67

the General Services Administration, the National Institute of

68

Standards and Technology, and others to detail the considerations

69

and practices for energy conservation in buildings. Most

70

important is that energy-efficient designs provide energy savings

71

over the life of the building structure. Conversely, energy-

72

inefficient designs cause excess and wasteful energy use and high

73

costs over that life. With buildings lasting many decades and

74

with energy costs escalating rapidly, it is essential that the

75

costs of operation and maintenance of for energy-using equipment

76

and sustainable materials be included in all design proposals for

77

state-owned state buildings.

78

     (3) In order that such energy-efficiency and sustainable-

79

materials considerations become a function of building design,

80

and also a model for future application in the private sector, it

81

is shall be the policy of the state that buildings constructed

82

and financed by the state be designed and constructed:

83

     (a) To meet the United States Green Building Council

84

(USGBC) Leadership in Energy and Environmental Design (LEED)

85

rating system, Green Building Initiative's Green Globes rating

86

system, or a nationally recognized, high-performance sustainable

87

building rating system as approved by the department.

88

     (b) In a manner that which will minimize the consumption of

89

energy used in the operation and maintenance of such buildings.

90

It is further the policy of the state, when economically

91

feasible, to retrofit existing state-owned buildings in a manner

92

which will minimize the consumption of energy used in the

93

operation and maintenance of such buildings.

94

     (4)  In addition to designing and constructing new buildings

95

to meet such rating systems and be energy-efficient, it is shall

96

be the policy of the state to:

97

     (a) Operate, maintain, and renovate existing state-owned

98

state facilities, or provide for their renovation, in a manner

99

that which will minimize their energy consumption and maximize

100

their sustainability;

101

     (b) Ensure that facilities leased by the state are operated

102

so as to minimize energy use; and.

103

     (c) Encourage agencies are encouraged to consider shared

104

savings financing of such energy projects, using contracts that

105

which split the resulting savings for a specified period of time

106

between the agency and the private firm or cogeneration contracts

107

that which otherwise permit the state to lower the state's its

108

energy costs. Such energy contracts may be funded from the

109

operating budget.

110

     (5)(a) By December 31, 2008, each state agency responsible

111

for paying the utilities and other operating expenses related to

112

energy use of a state-owned facility of more than 5,000 square

113

feet shall provide the department with a list specifying which of

114

those facilities it considers suitable for a guaranteed energy

115

performance contract under s. 489.145 and a description of any

116

criteria used to determine suitability.

117

     (b) By March 1, 2009, the department, in consultation with

118

the secretary or director of each agency submitting a list, shall

119

develop a schedule for energy efficiency and conservation

120

projects at the facilities which:

121

     1. Is based on the magnitude of the project, the

122

effectiveness of the energy efficiency or conservation measures

123

to be implemented, and such other factors as may prove to be

124

advantageous to pursue; and

125

     2. Provides the deadline for completion of efficiency

126

improvements to the facilities under a guaranteed energy

127

performance savings contract.

128

     Section 3.  Subsections (6) and (7) are added to section

129

255.253, Florida Statutes, to read:

130

     255.253  Definitions; ss. 255.251-255.258.--

131

     (6) "Sustainable building" means a building that is healthy

132

and comfortable for its occupants and is economical to operate

133

while conserving resources, including energy, water, raw

134

materials, and land, and minimizing the generation of toxic

135

materials and waste in its design, construction, landscaping, and

136

operation.

137

     (7) "Sustainable building rating" means a rating

138

established by the United States Green Building Council (USGBC)

139

Leadership in Energy and Environmental Design (LEED) rating

140

system, Green Building Initiative's Green Globes rating system,

141

or a nationally recognized, high-performance sustainable building

142

rating system as approved by the department.

143

     Section 4.  Section 255.254, Florida Statutes, is amended to

144

read:

145

     255.254 Analysis of No facility constructed or leased

146

without life-cycle and energy performance costs of facilities and

147

equipment.--

148

     (1) A No state agency may not shall lease, construct, or

149

have constructed, within limits prescribed herein, a facility

150

without having secured from the department an a proper evaluation

151

of life-cycle costs based on sustainable building ratings, as

152

computed by an architect or engineer. Furthermore, construction

153

shall proceed only upon disclosing, for the facility chosen, the

154

life-cycle costs as determined in s. 255.255, its sustainable

155

building rating goal, and the capitalization of its the initial

156

construction costs of the building. The life-cycle costs and goal

157

for a sustainable-building rating are shall be a primary

158

considerations consideration in selecting the selection of a

159

building design. A state agency may not lease a building Such

160

analysis shall be required only for construction of buildings

161

with an area of 5,000 square feet or greater which is. For leased

162

areas of 20,000 square feet or greater within a given building

163

boundary unless an analysis of the energy performance of the

164

facility demonstrates, a life-cycle analysis shall be performed,

165

and a lease shall only be made where there is a showing that the

166

energy life-cycle costs incurred by the state are minimal

167

compared to those of available like facilities.

168

     (2) A On and after January 1, 1979, no state agency may not

169

shall initiate construction or have construction initiated

170

before, prior to approval thereof by the department, on a

171

facility or self-contained unit of any facility, the design and

172

construction of which incorporates or contemplates the use of an

173

energy system other than a solar energy system when the life-

174

cycle costs analysis prepared by the department has determined

175

that a solar energy system is the most cost-efficient energy

176

system for the facility or unit.

177

     (3) After September 30, 1985, When a any state agency must

178

replace or supplement major items of energy-consuming equipment

179

in existing state-owned or leased facilities or any self-

180

contained unit of any facility with other such major items of

181

energy-consuming equipment, the selection of the replacement or

182

supplement such items shall be based upon made on the basis of a

183

life-cycle cost analysis of alternatives in accordance with rules

184

adopted promulgated by the department under s. 255.255.

185

     Section 5.  Subsection (1) of section 255.255, Florida

186

Statutes, is amended to read:

187

     255.255  Life-cycle costs.--

188

     (1) The department shall adopt promulgate rules and

189

procedures, including energy conservation performance guidelines,

190

for:

191

     (a) Conducting an analysis of the a life-cycle costs of

192

competing options as a state agency selects facilities or major

193

items of energy-consuming equipment for purchase, construction,

194

or lease. Such options may include, but are not limited to, cost

195

analysis of alternative architectural and engineering designs.

196

     (b) Establishing and alternative major items of energy-

197

consuming equipment to be retrofitted in existing state-owned or

198

leased facilities and for developing energy performance indices

199

to evaluate the efficiency of energy utilization for competing

200

designs in the construction of state-financed and leased

201

facilities.

202

203

The rules must include guidelines for energy efficiency and

204

conservation performance which are based on sustainable building

205

ratings.

206

     Section 6.  Paragraph (b) of subsection (2) and subsection

207

(5) of section 287.063, Florida Statutes, are amended to read:

208

     287.063  Deferred-payment commodity contracts; preaudit

209

review.--

210

     (2)

211

     (b) The Chief Financial Officer shall adopt rules

212

concerning the approval of establish, by rule, criteria for

213

approving purchases made under deferred-payment contracts which

214

require the payment of interest. Criteria for approval shall

215

include, but are not be limited to, the following provisions:

216

     1. A No contract shall be approved in which interest

217

exceeds the limit specified statutory ceiling contained in

218

subsection (1) may not be approved this section. However, the

219

interest component of any master equipment financing agreement

220

entered into for the purpose of consolidated financing of a

221

deferred-payment, installment sale, or lease-purchase is shall be

222

deemed to comply with the interest rate limitation of this

223

paragraph if section so long as the interest component of each

224

every interagency agreement under such master equipment financing

225

agreement complies with the limit specified in subsection (1)

226

interest rate limitation of this section.

227

     2. A No deferred-payment purchase for less than $30,000 may

228

not shall be approved, unless it is can be satisfactorily

229

demonstrated and documented to the Chief Financial Officer that

230

failure to make such deferred-payment purchase would adversely

231

affect an agency in the performance of the agency's its duties.

232

However, the Chief Financial Officer may approve any deferred-

233

payment purchase if the Chief Financial Officer determines that

234

such purchase is economically beneficial to this the state.

235

     3. No agency shall obligate an annualized amount of

236

payments for deferred-payment purchases in excess of current

237

operating capital outlay appropriations, unless specifically

238

authorized by law or unless it can be satisfactorily demonstrated

239

and documented to the Chief Financial Officer that failure to

240

make such deferred-payment purchase would adversely affect an

241

agency in the performance of its duties.

242

     3.4. A No contract that shall be approved which extends

243

payment beyond 5 years may not be approved, unless it is can be

244

satisfactorily demonstrated and documented to the Chief Financial

245

Officer that failure to make such deferred-payment purchase would

246

adversely affect an agency in the performance of the agency's its

247

duties. The payment term may not exceed the useful life of the

248

equipment purchased unless the contract provides for the

249

replacement or the extension of the useful life of the equipment

250

during the term of the loan.

251

     (5) For purposes of this section, the annualized amount of

252

any such deferred payment commodity contract must be supported

253

from available recurring funds appropriated to the agency in an

254

appropriation category, other than the expense appropriation

255

category as defined in chapter 216, that the Chief Financial

256

Officer has determined is appropriate or that the Legislature has

257

designated for payment of the obligation incurred under this

258

section.

259

     Section 7.  Subsections (10) and (11) of section 287.064,

260

Florida Statutes, are amended to read:

261

     287.064  Consolidated financing of deferred-payment

262

purchases.--

263

     (10)  Costs incurred pursuant to a guaranteed energy

264

performance savings contract, including the cost of energy

265

conservation measures, each as defined in s. 489.145, may be

266

financed pursuant to a master equipment financing agreement;

267

however, the costs of training, operation, and maintenance may

268

not be financed. For energy conservation measures pursuant to s.

269

489.145, excluding the costs of training, operation, and

270

maintenance, the period of time for repayment of the funds drawn

271

pursuant to the master equipment financing agreement under this

272

subsection may exceed 5 years but may not exceed 20 10 years. The

273

guaranteed energy performance savings contract shall require that

274

the contractor, for the duration of the contract, replace the

275

equipment or extend its useful life.

276

     (11)  For purposes of consolidated financing of deferred

277

payment commodity contracts under this section by a state agency,

278

any such contract must be supported from available recurring

279

funds appropriated to the agency in an appropriation category,

280

other than the expense appropriation category as defined in

281

chapter 216, that the Chief Financial Officer has determined is

282

appropriate or that the Legislature has designated for payment of

283

the obligation incurred under this section.

284

     Section 8.  This act shall take effect July 1, 2008.